E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, SEPTEMBER 8, 1999 No. 115 House of Representatives The House met at 10 a.m. OFFICE OF THE CLERK McGee Chemical, LLC (successor to The Chaplain, Reverend James David U.S. HOUSE OF REPRESENTATIVES, Kerr-McGee Chemical Corporation), Ford, D.D., offered the following pray- Washington, DC, August 9, 1999. and for other purposes; er: Hon. J. DENNIS HASTERT, And the following enrolled bill on Your word, O God, calls us to do the The Speaker, U.S. House of Representatives, Friday, August 6, 1999: Washington, DC. works of justice and righteousness and H.R. 1664, providing emergency au- DEAR MR. SPEAKER: Pursuant to the per- we pray that the good words that we mission granted to Clause 2(h) of Rule II of thority for guarantees of loans to say with our lips may be believed in the Rules of the U.S. House of Representa- qualified steel and iron ore companies our hearts and may all that we believe tives, the Clerk received the following mes- and to qualified oil and gas companies, in our hearts become the good works of sage from the Secretary of the Senate on Au- and for other purposes; our daily lives. gust 9, 1999 at 5:02 p.m. And Speaker pro tempore WOLF With all the competing interests that That the Senate agreed to conference re- signed the following enrolled bills on crowd our days, help us not lose sight port H.R. 1905. Tuesday, August 10, 1999: of the goal of justice for every person; With best wishes, I am H.R. 211, to designate the federal Sincerely, with all the voices that command our building and United States Courthouse MARTHA C. MORRISON, located at 920 West Riverdale Avenue attention, let us hear Your still small Deputy Clerk. in Spokane, Washington, as the voice calling us to alleviate the pain of f the distressed, to feed the hungry, to ‘‘Thomas S. Foley United States Court- give freedom to the oppressed and to COMMUNICATION FROM THE house,’’ and the plaza at the south en- honor and respect those whose cir- CLERK OF THE HOUSE trance of such building and courthouse cumstances are different than ours. The SPEAKER laid before the House as the ‘‘Walter F. Horan Plaza’’; H.R. 1219, to amend the Miller Act, Bless us, O gracious God, this day the following communication from the relating to payment protections for and every day, we pray. Amen. Clerk of the House of Representatives: persons providing labor and materials f OFFICE OF THE CLERK, for federal construction projects; THE JOURNAL U.S. HOUSE OF REPRESENTATIVES, H.R. 1568, to provide technical, finan- Washington, DC, August 9, 1999. cial, and procurement assistance to The SPEAKER. The Chair has exam- Hon. J. DENNIS HASTERT, ined the Journal of the last day’s pro- The Speaker, U.S. House of Representatives, veteran owned small businesses, and ceedings and announces to the House Washington, DC. for other purposes; his approval thereof. DEAR MR. SPEAKER: Pursuant to the per- H.R. 1905, making appropriations for Pursuant to clause 1, rule I, the Jour- mission granted to Clause 2(h) of Rule II of the legislative branch for the fiscal nal stands approved. the Rules of the U.S. House of Representa- year ending September 30, 2000, and for tives, the Clerk received the following mes- f other purposes; sage from the Secretary of the Senate on Au- H.R. 2565, to clarify the quorum re- PLEDGE OF ALLEGIANCE gust 6, 1999 at 10:44 a.m. quirement for the board of directors of That the Senate passed without amend- the Export-Import Bank of the United The SPEAKER. Will the gentleman ment H.R. 211; that the Senate passed with- from Nebraska (Mr. BARRETT) come out amendment H.R. 1219; that the Senate States; forward and lead the House in the passed without amendment H.R. 2565. S. 507, to provide for the consider- Pledge of Allegiance. With best wishes, I am ation and development of water and re- Mr. BARRETT of Nebraska led the Sincerely, lated resources, to authorize the Pledge of Allegiance as follows: MARTHA C. MORRISON, United States Army Corps of Engineers Deputy Clerk. I pledge allegiance to the Flag of the to construct various projects for im- United States of America, and to the Repub- f provements to rivers and harbors of the United States, and for other purposes; lic for which it stands, one nation under God, ANNOUNCEMENT BY THE SPEAKER indivisible, with liberty and justice for all. S. 1543, to amend the Agricultural f The SPEAKER. The Chair desires to Adjustment Act of 1938 to release and announce that pursuant to clause 4 of protect the release of tobacco produc- COMMUNICATION FROM THE rule I, he signed the following enrolled tion and marketing information; CLERK OF THE HOUSE bill on Thursday, August 5, 1999: S. 1546, to amend the International The SPEAKER laid before the House S. 606, for the relief of Global Explo- Religious Freedom Act of 1998 to pro- the following communication from the ration and Development Corporation, vide additional administrative authori- Clerk of the House of Representatives: Kerr-McGee Corporation, and Kerr- ties to the United States Commission

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.

H7889

. H7890 CONGRESSIONAL RECORD — HOUSE September 8, 1999 on International Religious Freedom, stated, and I quote, ‘‘In our minds, it Mr. FRANK of Massachusetts. and to make technical corrections to sort of speaks to the fact that DOE, or Madam Speaker, the government of In- that act, and for other purposes. anyone else, cannot really predict with donesia should be made to understand f any confidence what is going to happen the terrible consequences it will pay if in the future,’’ end quote. it continues the barbarous oppression APPOINTMENT OF MEMBER TO The large earthquakes, registering of the people of East Timor. It is sim- MIGRATORY BIRD COMMISSION between 5.6 and 5.2 in magnitude, oc- ply intolerable for the world to stand The SPEAKER. Pursuant to Section curred a relatively short distance from by and allow people to be slaughtered 2 of the Migratory Bird Conservation Yucca Mountain. wantonly because they express their Act (16 U.S.C. 715a) and the order of the Mr. Speaker, there are 32 separate democratic right to claim their inde- House of Thursday, August 5, 1999, and earthquake faults in the area and sci- pendence. upon the recommendation of the mi- entists have concluded that Yucca I have spent a great deal of my time nority leader, the Speaker on Wednes- Mountain is capable of a magnitude 8.5 as a Member here on matters involving day, August 11, 1999, appointed the fol- earthquake and poses too many risks the International Monetary Fund and lowing Member of the House to the Mi- and variables for adequate seismic de- the World Bank. I want to serve notice gratory Bird Commission: sign. now, I know I speak for many of my Mr. DINGELL, Michigan. Clearly, common sense tells us one colleagues who have similarly worked f does not store nuclear waste in an area on those issues, that if the IMF and the that ranks third in the country for World Bank do not immediately tell APPOINTMENT AS MEMBER TO seismic activity, an area that had more the Indonesian government that all aid INTERNATIONAL FINANCIAL IN- than 630 earthquakes in the last 20 will be suspended until order and peace STITUTION ADVISORY COMMIS- years. are restored to East Timor, then they SION A recent editorial summed it up well will have grave difficulty when they The SPEAKER. Pursuant to 22 U.S.C when it stated, quote, ‘‘Anyone who be- come here again for financial assist- 262r and the order of the House of lieves that it is safe to dump nuclear ance. We will not be party to the fund- Thursday, August 5, 1999, the Speaker waste into that type of environment ing of slaughter. on Wednesday, August 11, 1999, ap- needs a brain scan,’’ end quote. To those who say we must withhold, pointed the following individual on the Mr. Speaker, I yield back the balance let us look at Serbia and Kosovo. The part of the House to the International of any time I may have, and the brains moral case for an international force Financial Institution Advisory Com- of the DOE that may be left to scan. intervening in East Timor is as great mission to fill the existing vacancy f as the moral case was in Kosovo, and thereon: THE AMERICAN PEOPLE WANT the legal case is greater. We ignored Mr. Lee Hoskins, Nevada. AND DESERVE A FAIR AND RE- Serbia’s claim of sovereignty over f SPONSIBLE TAX CUT Kosovo and gave in to the moral imper- ative to save people. COMMUNICATION FROM STAFF (Mr. KNOLLENBERG asked and was In Indonesia, the government in MEMBER OF THE OFFICE OF THE given permission to address the House power held a referendum. Overwhelm- CHIEF ADMINISTRATIVE OFFI- for 1 minute.) ingly, in the face of great intimidation, CER Mr. KNOLLENBERG. Madam Speak- the brave people of East Timor voted er, the American people want and de- The SPEAKER laid before the House for independence. That gives us an even serve fair and responsible tax relief for stronger right to send a multinational the following communication from all taxpaying citizens. This balanced Jack Katz, Office of Payroll of the Of- force in there, so the Indonesian gov- plan sets aside 75 cents of every dollar ernment must cease. The international fice of the Chief Administrative Offi- from the $3.3 trillion surplus to the im- cer: funding agencies must cut off aid if portant task of strengthening Social they do not; and, if there is the need, OFFICE OF THE CHIEF ADMINISTRA- Security, reforming Medicare and pay- TIVE OFFICER, U.S. HOUSE OF REP- an international force must go in, lest ing down the national debt. we show the world that we consider RESENTATIVES, Our tax relief proposal also rebuilds Washington, DC, August 24, 1999. human rights to be a matter for Euro- our military and pays for other vital Hon. J. DENNIS HASTERT, peans only. Speaker, U.S. House of Representatives, Wash- programs. Despite the demagoguery, The people of East Timor have a ington, DC. the Republican tax relief bill does not, strong moral claim on our assistance. DEAR MR. SPEAKER: This is to formally no- I repeat, it does not cut existing pro- f tify you pursuant to Rule VIII of the Rules grams to pay for itself. The fact is that of the House that I received a subpoena for 25 cents of each overpaid surplus tax THE APPROPRIATION FOR THE SE- documents issued by the United States Dis- dollar is returned back to the Amer- LECTIVE SERVICE SYSTEM trict Court for the Northern District of Flor- ican people. It is their money, and they SHOULD NOT BE REINSTATED ida. After consultation with the Office of Gen- very much deserve to be refunded for a (Mr. PAUL asked and was given per- eral Counsel, I have determined to comply part of the surplus over the course of mission to address the House for 1 with the subpoena. the next 10 years. minute and to revise and extend his re- Sincerely, This is very important, too. I remind marks.) JACK KATZ, my colleagues that none of this tax re- Mr. PAUL. Madam Speaker, later Office of Payroll. lief will be realized if first the surplus today we will be dealing with the VA f does not materialize. With taxes at an HUD bill; and I want to compliment all time high, with the Government in the Committee on Appropriations for EARTHQUAKES AND NUCLEAR the black, I urge the administration to deleting the $24.5 million for the selec- WASTE REPOSITORIES, NOT A embrace this responsible approach and tive service system. There will be an GOOD MIX rethink their veto strategy on behalf of attempt to put that money back into (Mr. GIBBONS asked and was given the American taxpayers. It is not too the bill. I think that is a serious mis- permission to address the House for 1 late for this administration to do the take. minute and to revise and extend his re- right thing. The military has not asked for the marks.) f selective service to continue. We do Mr. GIBBONS. Mr. Speaker, the two not need it. It is a serious abuse of civil major earthquakes that hit Nevada on THE BARBAROUS OPPRESSION OF liberties of all 18- and 19-year-old to the morning of August 1 are further ex- THE PEOPLE OF EAST TIMOR IS continue this registration. The reg- amples of why nuclear waste reposi- INTOLERABLE istration is totally unnecessary. This tories should not, should not, be built (Mr. FRANK of Massachusetts asked $24.5 million could be better spent on at Yucca Mountain, Nevada. and was given permission to address veterans’ affairs or some other worthy Nevada officials that oversee the the House for 1 minute and to revise cause, but to put the money back in is DOE operations at Yucca Mountain and extend his remarks.) a serious mistake. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7891

I would like to remind my conserv- In Lorain, Ohio, a community strug- tempore (Mrs. BIGGERT) at 12 o’clock ative colleagues that Ronald Reagan gling with loss of industry and experi- and 30 minutes p.m. had a very strong position on the draft encing rents as much as 50 percent of f and selective service. He agreed that it income these cuts instantly translate was a totalitarian notion to conscript into a loss of jobs, jobs that would have MESSAGE FROM THE SENATE young people and strongly spoke out been created next year through mutu- A message from the Senate by Mr. against the draft whenever he had the ally beneficial community improve- Lundregan, one of its clerks, an- opportunity. ment and construction projects. It de- nounced that the Senate had passed I also would like to remind my con- fies common sense to deny people in with amendments in which the concur- servative colleagues that if somebody Lorain, Ohio and across the country rence of the House is requested, bills of came to the House floor and asked that the chance to support their families the House of the following titles: we register all the guns of America, and improve their communities just so H.R. 1175. An act to locate and secure the there would be a hue and cry about Republicans can afford to give more return of Zachary Baumel, a United States why this would be unconstitutional tax breaks to the rich. citizen, and other Israeli soldiers missing in and unfair, and yet they are quite will- I encourage my colleagues to vote action. ing to register their 18- and 19-year- against this legislation. H.R. 1833. An act to authorize appropria- olds. I do not understand why there is f tions for fiscal years 2000 and 2001 for the United States Customs Service for drug less respect given for 18- and 19-year- THE CRISIS IN EAST TIMOR olds than they give for their own guns. interdiction and other operations, for the Of- fice of the United States Trade Representa- I strongly urge that we not fund the (Mr. UNDERWOOD asked and was given permission to address the House tive, for the United States International selective service system today. Trade Commission, and for other purposes. f for 1 minute and to revise and extend his remarks.) The message also announced that the WACO, THE FBI LIED AND THE AT- Mr. UNDERWOOD. Madam Speaker, Senate had passed bills and a concur- TORNEY GENERAL OF THE a tragedy has occurred and is occurring rent resolution of the following titles, UNITED STATES LIED at the hands of Indonesia. The people in which the concurrence of the House (Mr. TRAFICANT asked and was of East Timor are people that have is requested: given permission to address the House been subjected to the colonial yoke for S. 199. An act for the relief of Alexandre for 1 minute and to revise and extend over 325 years finally lifted their des- Malofienko, Olga Matsko, and their son, his remarks.) tiny up from the ashes of oppression Vladimir Malofienko. Mr. TRAFICANT. Madam Speaker, in and voted for the very first time in his- S. 275. An act for the relief of Suchada Kwong. 1993, 86 civilians were killed in Waco, tory to become an independent Nation. But all of this has been tarnished by S. 452. An act for the relief of Belinda Texas. Twenty-four of them were inno- McGregor. cent children. Most of them burned to the reprehensible inaction by the ad- S. 620. An act to grant a Federal charter to death. Until this day, no one knows the ministering government of Indonesia. Korean War Veterans Association, Incor- truth about Waco, and the reason is Jakarta has missed a golden oppor- porated, and for other purposes. quite clear. The FBI lied and the Attor- tunity to prove the world wrong, that S. 632. An act to provide assistance for poi- ney General of the United States lied. the multi-cultural fabric of Indonesian son prevention and to stabilize the funding They lied and they covered it up. And society could peacefully withstand a of regional poison control centers. S. 800. An act to promote and enhance pub- after all of these lies, no one, nobody, sovereignty movement in one of her in- corporated colonies. Sadly, the skep- lic safety through use of 9–1–1 as the uni- has been held accountable for the mas- versal emergency assistance number, further sacre at Waco. tics were right. Pro-Indonesia militias deployment of wireless 9–1–1 service, support have been on a bloody rampage since b 1015 of States in upgrading 9–1–1 capabilities and the voting results were announced, and related functions, encouragement of con- Beam me up, Mr. Speaker; an Amer- what has Jakarta done? Nothing. Thus struction and operation of seamless, ubiq- ica that turns its back on Waco is an it appears that the Indonesian authori- uitous, and reliable networks for personal America that turns its back on free- ties want to punish the East Timorese wireless services, and for other purposes. dom and justice. An independent inves- for exercising their inalienable right to S. 1072. An act to make certain technical tigation is absolutely warranted to self-determination despite promising and other corrections relating to the Centen- solve this cover-up and get to the to provide law and order regardless of nial of Flight Commemoration Act (36 U.S.C. truth. 143 note; 112 Stat. 3486 et seq.). the outcome. S. 1255. An act to protect consumers and I yield back all the lies at the Justice The time has come, Madam Speaker, promote electronic commerce by amending Department. to defend liberty. Our government certain trademark infringement, dilution, f must condemn the violence in East and counterfeiting laws, and for other pur- Timor and the Indonesian government REGARDING FY 2000 VA, HUD, AND poses. for allowing it to happen. The United S. Con. Res. 48. Concurrent resolution re- INDEPENDENT AGENCIES APPRO- States must insist that a multi- lating to the Asia-Pacific Economic Coopera- PRIATIONS BILL national peacekeeping force be granted tion Forum. (Mr. BROWN of Ohio asked and was entry to East Timor to restore order, f given permission to address the House peace and hope. Liberty, the principle GENERAL LEAVE for 1 minute and to revise and extend of self-determination must not be al- his remarks.) lowed to be casualties at the hands of Mr. WALSH. Madam Speaker, I ask Mr. BROWN of Ohio. Madam Speak- Indonesian forces. unanimous consent that all Members er, I rise today to celebrate the 25th f may have 5 legislative days within anniversary of the community develop- which to revise and extend their re- ment block grant program. This pro- RECESS marks on the bill (H.R. 2684) making gram has put local development deci- The SPEAKER pro tempore. Pursu- appropriations for the Departments of sion in the hands of those who know ant to clause 12 of rule I, the Chair de- Veterans Affairs and Housing and best, those who live and work in the clares the House in recess subject to Urban Development, and for sundry community. This long-term commit- the call of the Chair. independent agencies, boards, commis- ment to responsible flexibility has paid Accordingly (at 10 o’clock and 22 sions, corporations, and offices for the off leveraging $2.31 for every Federal minutes a.m.), the House stood in re- fiscal year ending September 30, 2000, dollar spent. Unfortunately, Repub- cess subject to the call of the Chair. and for other purposes, and that I may licans have chosen to commemorate 25 f include tabular and extraneous mate- years of job creation and increased af- b 1230 rial. fordable housing by stripping the block The SPEAKER pro tempore. Is there grant program of $250 million in the AFTER RECESS objection to the request of the gen- Fiscal Year 2000 VA HUD appropria- The recess having expired, the House tleman from New York? tions bill. was called to order by the Speaker pro There was no objection. H7892 CONGRESSIONAL RECORD — HOUSE September 8, 1999 DEPARTMENTS OF VETERANS AF- chooses to do that, there will, in fact, missions, corporations, and offices for FAIRS AND HOUSING AND URBAN be a sequestration under this bill. Be- the fiscal year ending September 30, DEVELOPMENT, AND INDE- cause if we take a look at the OMB Se- 2000, and for other purposes, with Mr. PENDENT AGENCIES APPROPRIA- questration Update Report to the BARRETT of Nebraska (Chairman pro TIONS ACT, 2000 President and Congress for Fiscal Year tempore) in the chair. The SPEAKER pro tempore. Pursu- 2000, we will see that, on page 11, it The Clerk read the title of the bill. The CHAIRMAN pro tempore. Pursu- ant to House Resolution 275 and rule states: ‘‘Current OMB estimates of ant to the rule, the bill is considered as XVIII, the Chair declares the House in House action to date, unless offset, in- dicate that a sequester of $3.7 billion in having been read the first time. the Committee of the Whole House on Under the rule, the gentleman from the State of the Union for the consider- budget authority and $2.9 billion in New York (Mr. WALSH) and the gen- ation of the bill, H.R. 2684. outlays would be triggered.’’ The major amounts in question are tleman from West Virginia (Mr. MOL- b 1245 related to this bill. If we take a look at LOHAN) each will control 30 minutes. The Chair recognizes the gentleman POINT OF ORDER the table sent down by the CBO on Mr. OBEY. Madam Speaker, I make a their budget analysis, on page 18, we from New York (Mr. WALSH). Mr. WALSH. Mr. Chairman, I yield point of order against the consider- will see that they report the same re- myself such time as I may consume. ation of the bill. sults. Mr. Chairman, it is my pleasure to The SPEAKER pro tempore (Mrs. So, therefore, I would suggest that bring before the full House today H.R. BIGGERT). The gentleman will state his this bill, for reasons that I have cited, 2684, the Departments of Veterans Af- point of order. should not be before the House. I would fairs and Housing and Urban Develop- Mr. OBEY. Madam Speaker, I make a certainly say that, even if the Com- ment, and Independent Agencies Ap- point of order that the bill provides mittee on Budget chairman produces a propriations Act, 2000. new discretionary budget authority in letter which claims that this bill is not As most Members are aware, we an amount which would exceed the ap- $3 billion over its authorized alloca- originally expected to bring this bill to plicable allocation made pursuant to tion, the fact is that, according to the the floor before the August recess. section 302(b) of the Congressional people who are charged by law with ac- However, the circumstance of the Budget Act, and therefore violates sec- tually measuring the bill, it is; and, death of the Honorable Robert Mol- tion 302(f) of the Congressional Budget therefore, it will result in the auto- lohan made doing so impossible, and I Act. matic reduction in the other programs wanted to begin today by expressing The most recent subcommittee allo- that are not in this bill that I have just my deepest sympathy to the gentleman cations filed under section 302(b), as cited. from West Virginia (Mr. MOLLOHAN), contained in House Report 106–288, allo- The SPEAKER pro tempore. Is there my friend and colleague, and his family cate a total $68.633 billion in new dis- any other Member who wishes to be on the death of his father. cretionary budget authority to the heard on the point of order? As my colleagues all know, the sen- Subcommittee on VA, HUD, and Inde- Does the gentleman from Wisconsin ior Mr. Mollohan served so ably in rep- pendent Agencies. According to the (Mr. OBEY) insist on his point of order? resenting West Virginia in this House scoring table from the Congressional Mr. OBEY. Madam Speaker, I have for 18 years, for the 2 terms during the Budget Office, the bill appropriates no desire to delay this bill, and so I early 1950s and then for 7 consecutive $71.632 billion in discretionary budget guess what I would say is that I think terms from 1969 to 1983. I hope and authority. Therefore, and as the CBO I have demonstrated, by raising the trust that the recess period has offered scoring table indicates, the bill exceeds point of order, that this bill, in fact, is a time for reflection and healing for its section 302(b) allocation by $2.999 not in compliance. If the House wishes my good friend and his family. billion. A point of order, therefore, to proceed and vote for a bill which is Prior to proceeding, Mr. Chairman, should lie against its consideration going to result in the kind of massive in discussing the bill before us, I would under section 302(f) of the Budget Act. sequestration that I have just indi- also like to offer my sincere recogni- The reason that the bill is scored as cated, then so be it. That would be the tion and thanks to the staff on both exceeding its allocation is that the House’s choice. sides of the aisle for their hard work Committee on Appropriations is appar- So I guess I am in a position where, and assistance. As I have stated on nu- ently counting as an offset a $3 billion in order to contribute to the ability of merous occasions on this floor, we, the reduction in the borrowing authority the House’s ability to do its business, I Members of the House, are very fortu- of the TVA. This is authority for TVA will withdraw the point of order, but I nate to have dedicated staff willing to to borrow from the public and has would caution every Member who in- spend countless hours preparing these nothing to do with appropriations or tends to vote for this bill that, if they bills. The public is well served by all of amounts in this bill. Neither CBO nor do so, they will in fact be imposing just our employees. OMB regard this so-called offset as pro- such a sequestration on both the De- My personal thanks to Frank Cush- ducing any budget authority savings fense budget and on the domestic pro- ing, Valerie Baldwin, Tim Peterson, whatsoever. Therefore, the bill exceeds grams. Dena Baron, and Angela Snell on the its allocation. With that, Madam Speaker, I with- majority side, and to Del Davis and Lee I should also note a second con- draw my point of order. Alman for the minority. I would also sequence. Because OMB does not recog- The SPEAKER pro tempore. The gen- offer a special thanks to Ron Anderson nize the $3 billion supposed offset, if tleman withdraws his point of order. and John Simmons and Art Jutton of this bill were enacted in its present The Chair designates the gentleman my personal staff for all their assist- form, it would trigger an automatic from Ohio (Mr. LATOURETTE) as Chair- ance throughout this very difficult across-the-board sequestration of ap- man of the Committee of the Whole, process. propriations under the Budget Enforce- and requests the gentleman from Ne- Moving now to H.R. 2684, I firmly be- ment Act, in the amount of $3 billion. braska (Mr. BARRETT) to assume the lieve that this is a good and fair bill. It That would roughly be about a billion chair temporarily. is funded with less money overall than and a half dollars sequestration that was provided last year in 1999. Indeed, b 1250 would be required in the Defense budg- to meet our commitment to stay with- et and about a billion and a half dollars IN THE COMMITTEE OF THE WHOLE in the spending levels anticipated by that would be required to be seques- Accordingly, the House resolved the 1997 Budget Agreement, we have tered on the domestic side of the appro- itself into the Committee of the Whole trimmed $1.2 billion from the 1999 ac- priations ledger. House on the State of the Union for the tual enacted level, $2.3 billion below Now, I recognize that the chairman consideration of the bill (H.R. 2684) the fiscal year 1999 CBO freeze level, of the Committee on Budget could making appropriations for the Depart- and $3.4 billion from the President’s produce a letter which, in essence, ment of Veteran Affairs and Housing budget request. urges the Congress to ignore this finan- and Urban Development, and for sun- Perhaps more important, Mr. Chair- cial fact, but the fact is that, if it dry independent agencies, boards, com- man, we have made these reductions at September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7893 the same time we have provided an in- year increase ever in VA medical aster relief funds at some point during crease of $1.7 billion, the level provided health. fiscal year 2000 as we seem to have in the Fiscal Year 2000 Budget resolu- Veterans medical and prosthetic re- done every year in the recent past. tion, for VA medical care. This is the search is provided $326 million, a $10 For NASA, both Space Station and largest increase ever in veterans med- million increase over the budget re- Shuttle programs have been adequately ical health care. It also, I might add, quest. All other VA programs, except funded. The committee’s approach to fully funds all expiring contracts for for new construction, are funded either funding other NASA programs included HUD’s section 8 housing program. at or above the 1999 level. an attempt to determine which new or Moreover, although nearly every HUD section 8 expiring contracts are planned programs could be delayed other program in this bill was funded fully funded at $10.5 billion. Funds are without doing harm to core programs. at or below the 1999 level, we made a sufficient to maintain the subsidy for While some programs are canceled or great effort to assure that reductions every single current participant in the deferred, most of the proposed reduc- were taken judiciously to assure that program. So if my colleagues hear later tions are in program areas where only the fat, and not the meat, was cut on that this is going to put people out growth has been significant over the from each program. This is not to sug- of their homes, do not believe it. This past 2 years. gest that many decisions were not dif- program is fully funded. In the aggregate, the National ficult or painful. Several programs at HUD’s Public Housing Operating Science Foundation has been reduced 1 NASA, for example, and the Neighbor- Fund, Native American Housing Block percent below the 1999 level. However, hood Reinvestment Corporation, the Grants, Housing for People with AIDS, it is important to note that NSF re- National Science Foundation, and at and Housing for Special Populations search has actually been increased by HUD, to name just a few, are excellent accounts are all funded at the 1999 lev- $8.5 million over the 1999 level. programs which, if we had more re- els. sources, deserve a greater level of sup- While all other HUD programs have b 1300 port. been slightly reduced, great care was Unfortunately, putting this bill to- taken to make sure that they remain The only significant reduction within gether and expecting passage is a tre- viable. In other words, they were NSF occurs in the Major Research mendous balancing act, and we do not trimmed, but not gutted. Equipment account, a $33.5 million re- get there by playing favorites with a EPA received a reduction from the duction from the 1999 level, and reflects small set of programs at the expense of 1999 level but is actually an increase reductions, closings or completions of others. We do not get there merely by over the President’s request. I would projects as requested by the President. taking payroll money from one agency repeat, this is an increase over the Because of programmatic concerns as or department and giving it to another. President’s request for the EPA budg- well as a lack of resources, this bill We do not get there by assuming that et. I think that is an important state- does not include funds requested by the certain programs are in the domain of ment of our party’s concern for the en- President to at this time construct a one political party at the expense of vironment. It is important to note that new terra-scale computing facility. It the other party. For every vote one this was done to restore funding for was felt within our legislative commu- may pick up with this type of exercise State and local waste water and drink- nity and the scientific community that one is likely to lose the same number. ing water problems which had been that could not be accomplished this It was, therefore, very important for slashed dramatically by the President. year. us to craft a the bill that first took EPA’s research programs have been Mr. Chairman, I have stated many care of the so-called special needs, spe- funded slightly above the budget re- times throughout this process that this cifically VA medical care and expiring quest while the agency’s operating pro- is not a perfect bill. Indeed, had we had section 8 contracts, and then look fair- grams received a very modest $2 mil- more money, I would have done some ly at every other program and project lion increase above 1999 level. All other things differently. If this were not a with an eye to trim but not to slash. EPA programs are more than ade- product of bipartisan concern, I most Mr. Chairman, I firmly believe we quately funded. certainly would do things differently. have accomplished that goal of objec- Federal Emergency Management Nevertheless, this bill has been put to- tive fairness; and, as a result, this bill Agency operating funds have been fully gether with the resources available to should be fully supported. funded, including $20 million for the us in the spirit of the budget agree- In the interest of brevity, I will not pre-disaster mitigation program. ment most all of us agreed to, as well run through the funding levels of every FEMA’s disaster relief program has as in the spirit of bipartisan coopera- program in this very detailed bill. How- been provided the annual appropriated tion and understanding. ever, given the regard that Members level of $300 million as requested by the It is not perfect, but it is a good bill have for this bill, I believe it is impor- President; however, forward funding which deserves bipartisan support. So tant to highlight just a few of the for expected disasters has not been in- that we can take this House bill to con- major program levels. cluded. These funds are subject to ference and hopefully work for an even Veterans compensation and pension emergency provisions of the Budget better legislative product, I urge every benefits are fully funded. Veterans Act; and, while they have not been pro- Member to support its final passage. medical care is funded at $19 billion, an vided at this time, I suspect that Mr. Chairman, I include for the increase of $1.7 billion above the Presi- enough natural disasters will occur in RECORD the budget tables representing dent’s request and the 1999 level. I the coming months so as to necessitate the mandatory and discretionary would repeat, this is the largest single- our appropriating some additional dis- spending provided in H.R. 2648. H7894 CONGRESSIONAL RECORD — HOUSE September 8, 1999 September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7895 H7896 CONGRESSIONAL RECORD — HOUSE September 8, 1999 September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7897 H7898 CONGRESSIONAL RECORD — HOUSE September 8, 1999 September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7899 Mr. Chairman, I reserve the balance know the damage that would be caused families make the transition from wel- of my time. if this bill is not substantially changed fare to work. The number of new Mr. MOLLOHAN. Mr. Chairman, I as the process moves forward. vouchers funded by this bill is zero. yield myself such time as I may con- Let me begin with NASA, because I have similar concerns about the sume. that agency is slated for some of the large and small cuts in a wide range of Before I begin, Mr. Chairman, I want largest cuts. Overall, the bill reduces other HUD housing programs; CDBG, to express my sincere gratitude to the the budget for NASA by $1 billion homeless assistance grants, housing for Speaker and to both the majority and below current year spending. In short, people with AIDS, brownfields redevel- minority leadership for their consider- these cuts seriously jeopardize our Na- opment, and lead paint hazard abate- ation of my personal circumstances re- tion’s leadership in exploration and de- ment, to name a few examples. I think garding the passing of my father imme- velopment of space. it is unfortunate the bill rejects every diately preceding the August recess. It The bill makes an 11 percent cut in one of the administration’s proposals was a courtesy which I and my family space science, the area that funds the to spur development in areas left be- certainly appreciated. Dad was honored planetary probes and space-based as- hind in the economic boom. to serve his constituency in the U.S. tronomical observatories that have Turning to veterans, Mr. Chairman, I House of Representatives, and it is ges- generated so much interest and excite- am pleased that the committee found a tures like this that explain why he was ment over the past several years. It way to provide a $1.7 billion increase so honored and why I too am honored makes a 20 percent reduction in earth for veterans medical care. Although to serve in this body. sciences. And in both areas the cuts are that amount falls short of the $3 billion I would also like to extend thanks to heavily targeted to planning for future increase that veterans’ groups say is the gentleman from New York (Mr. missions and to development of the needed to keep up with the needs of WALSH) for his comments today, which next generation of technology, which is war veterans, $1.7 billion is a substan- were certainly appreciated, and for his fundamentally important to basic re- tial improvement. However, medical graciously supporting my request to search. care is not the only area of concern at postpone consideration of this bill. Over the past 5 years, NASA’s budget the VA. Mr. Chairman, this is the first year has already been reduced by almost $1 The bill reduces the construction ac- for both the gentleman from New York billion. Simply put, the NASA budget counts by more than 50 percent below (Mr. WALSH) and myself in our respec- should not be reduced any further. Our fiscal year 1999. Failing to update and tive roles as chairman and ranking space programs advance human knowl- maintain aging hospitals and other member of the Subcommittee on VA, edge, foster development with wide- veterans facilities will only lead to HUD and Independent Agencies bill, ranging uses, generate public interest more problems later. and I have been impressed by the chair- in science, especially among our young Moving on to EPA, Mr. Chairman, I man’s capability and by the coopera- people, and help us better understand am pleased the committee provided a tion which he and his very able staff what is happening here on Earth with $106 million increase above the admin- have extended to the minority. I am our weather, our climate, and our envi- istration’s request. Unfortunately, that pleased to have been a part of that ronment. These cuts are not what our still leaves the agency $278 million process, even as I remain concerned, constituencies want, nor are they in below this year’s level. Specific pro- Mr. Chairman, about the result that we the national interest. grams that will suffer as a result of have achieved to this point. The second major area of concern this cut include the Clean Water Ac- The bill before us has enough serious about this bill is housing. I am pleased tion Plan and the program of pesticide shortcomings that it is now under a the chairman was able to provide for reregistration mandated by the Food veto threat from the President. How- the renewal of all expiring section 8 Quality Protection Act. ever, I know the chairman shares many housing contracts. However, HUD fares Finally, Mr. Chairman, I should men- of my concerns and is committed to ad- relatively poorly in many other areas tion the bill’s complete elimination of dressing these concerns as the bill and needs additional funding in the the Americorps program. This was not moves forward, and I look forward to section 8 area. We have worsening a choice that our subcommittee made, working with him in that regard. shortages of affordable housing in but rather one that was imposed at a Unfortunately, the bill provides inad- many parts of the country as the eco- later stage. Fundamentally, equate funding levels in most major nomic boom drives up rents beyond the AmeriCorps gives young people an op- areas. Let me make clear, however, reach of low-wage workers. HUD re- portunity to do community service in that I do not attribute these short- ports that more than 5 million very exchange for a very modest stipend and comings to the chairman of the sub- low-income families are spending more help in financing their future edu- committee. Regrettably, he was faced than half of their income for rent but cation, which is just the sort of thing with a situation not of his own mak- are, at the same time, receiving no fed- we want our young people to be doing. ing. He has tried to do the best he eral housing assistance whatsoever. Can we really no longer afford the $400 could with the hand that he was dealt. The cuts in this bill would make that or $500 million needed to continue this The basic problem is that the major- problem worse. worthwhile effort? ity leadership instructed the Sub- Public housing would be particularly I might better understand all of the committee on VA, HUD and Inde- hard hit: under the bill, basic funding cuts made by this bill if we were in a pendent Agencies to produce a bill that for local housing authorities is cut $515 time of fiscal crisis, Mr. Chairman. But cuts total spending below this year’s million below the fiscal 1999 level. Pub- we are not. Rather, we are in a period level. As a result, the bill now before us lic housing exists throughout the coun- of unprecedented prosperity. The fed- provides an increase in veterans med- try in small and medium-sized cities as eral budget deficit has declined stead- ical care but cuts most other agencies well as large ones. It provides homes ily every year since 1992, and last year and programs, by small amounts in for more than 3 million people, more it turned into a surplus for the first some cases and by large amounts in than 1 million of whom are age 62 or time in 3 decades. Every projection others. older. shows that surplus continuing to grow. Overall, including last year’s emer- The cuts in this bill will mean re- Yet we are told by the majority leader- gency funding, the bill’s total for fiscal duced staff, more deferred maintenance ship that we do not even have enough year 2000 is about $3 billion below fiscal and a growing backlog of capital needs. money to continue many programs in year 1999; $1 billion for emergency They threaten to make the good hous- the VA–HUD bill at the current year’s funding is excluded. And note that ing worse while hampering efforts to level. I find that incredible. If we can- these figures represent reductions in fix the bad. not adequately meet the needs of vet- actual dollar amounts, before any ad- Another problem is the lack of any erans’ programs, affordable housing, justment for inflation or otherwise. In funding for incremental housing assist- and scientific research during these terms of purchasing power, the cuts are ance vouchers. Last year, the VA–HUD prosperous times, then when can we? even larger. How or why these limits bill funded 50,000 new housing vouch- Even more discouraging is the fact were decided, I do not know. But I do ers, targeted specifically to helping that the majority’s budget plans call H7900 CONGRESSIONAL RECORD — HOUSE September 8, 1999 for this situation not only to continue budget to Capitol Hill in February, it of all ages. As a result of my amend- year after year, but to actually get flatlined spending for veterans’ med- ment and others which were offered steadily worse. And here, of course, I ical care. In plain English, his budget during the subcommittee consideration am not referring to the majority on did not provide even one extra dollar of the bill, H.R. 2684 includes an addi- this committee but rather to the ma- over last year’s amount for veterans’ tional $10 million each for two impor- jority leadership of the House. The medical care. So again it was left to tant programs. Next year we will pro- leadership’s budget resolution calls for Congress to provide the critical addi- vide $660 million for Section 202 hous- total appropriations for domestic pro- tional funding for veterans’ medical ing for the elderly and $194 million for grams in fiscal year 2001 to be less than care. Section 811 housing for individuals those in fiscal year 2000. By fiscal year This is not a partisan issue. Both Re- with disabilities. 2004, the resolution calls for domestic publicans and Democrats have worked Finally, this bill continues a set- appropriations to have fallen by more together to provide money above and aside program that this committee than 20 percent in inflation-adjusted beyond the President’s budget request started 3 years ago to meet the housing terms. Make no mistake about it, that for the past 4 years, and this year is no needs for people with disabilities. Our is what pays for the nearly $800 billion exception. committee included $25 million for ten- tax cut that was passed by the Con- However, the bottom line is that the ant-based rental assistance to ensure gress last month. President’s flatlined request shows how decent, safe, and affordable housing in The vision for the future presented some in his administration are out of communities with low-income individ- by that budget plan is that every year touch with the need of our veterans. uals with disabilities. Further, it in- we do a little less; that every year our And it did not help and has not cludes language directing the Sec- public housing gets a little more dilap- helped that the VA’s leadership has retary of HUD to use his waiver au- idated; that every year we fund a little been missing in action during this thority to allow nonprofit organiza- less basic science research; that every process. Our April public hearing on tions to apply directly for these funds year the standard of medical care for the VA’s budget was an unqualified dis- instead of going through public hous- our veterans goes down a bit; that appointment with Secretary West and every year the backlog of sewage treat- ing authorities. Dr. Kizer, proving how out of touch It is my belief that that change will ment and safe drinking water needs they are with their inability to answer gets a little bigger. And in the view of provide better access for housing for even the most basic questions before the majority’s budget plan, all this is more individuals with disabilities. HUD our committee and before the cameras. acceptable because it allows a huge tax has largely been deficient in meeting Fortunately, with strong bipartisan cut bill to be enacted. the needs of individuals with disabil- This steady decline in public services support, this year’s budget passed by ities seeking affordable housing but is not my vision for the future, nor do the House called for an extra $1.7 bil- was very quick to take credit for all I think it is our constituents’ vision for lion for veterans’ medical care. Vet- these funds last year even though the the future or, indeed, the vision of erans service organizations are right to administration’s budget request did many of my colleagues in this Cham- demand, at a bare minimum, Congress not request one dime for the program. ber. However, that is the path that this provide a $1.7 billion increase. They are I am pleased that Congress took the Congress appears to be headed down. also rightly owed a VA that actually lead again to provide the funding and it And if this bill is not fixed before it is advocates for veterans and puts vet- should receive the credit, as well. presented to the White House, we will erans’ health care needs and services Again, I commend the chairman and have taken another big step down that above so-called managed care goals, the ranking member for their work and path of decline. which put dollar savings before patient support of this bill and appropriation. Mr. Chairman, I reserve the balance protections. Mr. MOLLOHAN. Mr. Chairman, I am of my time. That is why I am pleased that the pleased to yield 6 minutes to the gen- Mr. Chairman, I yield 51⁄2 minutes to gentleman from New York (Mr. WALSH) tleman from Wisconsin (Mr. Obey), the the gentleman from New Jersey (Mr. agreed to my request and others to pro- distinguished ranking minority mem- FRELINGHUYSEN), a member of the sub- vide this extra funding for a total of $19 ber of the Committee on Appropria- committee. billion for veterans’ medical care. For tions. Mr. FRELINGHUYSEN. Mr. Chair- countless veterans, many older, sicker, Mr. OBEY. Mr. Chairman, I thank man, I thank the gentleman for yield- some nearly 100 percent dependent on the gentleman for yielding me the ing me this time, and I rise today in the VA system for care, this additional time. support of the VA–HUD appropriations money will be increased access to serv- Mr. Chairman, this bill is an abso- bill. ice and improve quality of care. lutely wonderful bill unless my col- I want to commend the chairman, Unfortunately, this will not be true leagues think that the Congress ought the gentleman from New York (Mr. for all veterans. Despite this increase, to spend our time responding to the le- WALSH), and the ranking member, the veterans in the northeast and in my gitimate needs of the American people. gentleman from Virginia (Mr. MOL- State of New Jersey will not see one If they do, then it turns out to be a bit LOHAN), for all their hard work on this extra dime for veterans’ medical care. of a turkey. bill. The chairman and his very able To provide our Veterans Integrated I do not blame the chairman of the staff were faced with a Herculean task Service Network 3 with the same subcommittee for that fact. He is a of making this bill work while staying amount of funding as fiscal year 1999, good man, and he is doing the best that within the caps adopted by the 1997 Congress would have to provide a $2.4 he can under a ridiculous budget situa- budget agreement. And in the end, I billion amount above and beyond the tion. But let me tell my colleagues think they found a good balance. what is wrong with this bill and why I While I am supportive of our work to- President’s request. However, our in- gether on behalf of science, space ex- crease is an important improvement intend to vote against it. First of all, the bill is $2 billion below ploration, the environment, and other and reflects the amount set forth in programs, I specifically want to discuss this year’s budget resolution. the request and $1 billion below last two provisions in today’s bill. The first I suspect we may see some finger- year for housing. It is $1 billion below is veterans medical care. Last October pointing and hear blame today from all last year for science at NASA. It is $275 I signed a letter to the President, along sides. But the bottom line is that this million below the request of the Na- with 70 Members of the House and Sen- Congress, in a bipartisan way, provided tional Science Foundation. ate on a bipartisan basis, asking the the extra money, real dollars, $1.7 bil- The administration’s budget for vet- President to provide an extra $1.7 bil- lion, that did not come from surplus or erans was totally inadequate. Every- lion in his fiscal year 2000 budget sub- assumed revenues. And for this reason body knows that. I do not know of any mission for veterans medical care. alone, I urge my colleagues to support Member of the Congress who supports the bill. it. This bill itself is $1.3 billion below b 1315 Second, this bill contains important what the veterans groups regard as It appears that our plea fell on deaf funding for essential housing for the el- necessary to fund veterans’ health ears. While the President sent his derly and individuals with disabilities care. The rule under which this bill is September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7901 being considered denied us the oppor- fess to want is simply not seeing things KNOLLENBERG), a member of the sub- tunity to add $750 million to take care clearly. committee. of at least half of that shortfall by de- I would also point out that Business Mr. KNOLLENBERG. Mr. Chairman, laying for 1 year the capital gains give- Week carried a very interesting article I thank the chairman for yielding me away that was in the recent tax bill which states in part: ‘‘We have dem- this time. I rise in full support of this that just passed. That alone is reason onstrated that scientific research has bill. enough to vote against this bill. created the New Economy, but now we Mr. Chairman, I also want to thank The bill also zeros out funds for are concerned that we are being tram- the gentleman from West Virginia (Mr. Americorps, which is a high Presi- pled on as a reward for creating the MOLLOHAN), the ranking member, who dential priority. As I indicated when I economy that made the surplus pos- has done, I think, an outstanding job in made my point of order, in spite of all sible.’’ working with the chairman. of that, this bill is $3 billion out of Those were the words of a scientist in I also want to extend a salute to the whack in its accounting because it has describing the need to continue to in- senior member of the staff, Frank a ‘‘let’s pretend’’ cut in TVA that does vest in science programs that have Cushing, and all the staff who have not save a dime. It then uses that been at the root of our ability to con- contributed to bringing this bill about. ‘‘let’s pretend’’ cut to fund $3 billion tinue to expand this economy. Politi- Without their long hours, dedication worth of money for other programs. cians brag a lot about what we have and hard work, none of this would have But in fact, since neither the Congres- done to keep the economy going, but been possible. sional Budget Office or the Office of mostly what keeps the economy going This appropriations bill is unique in Management and Budget recognizes it is the right investment decisions both that it covers an array of diverse agen- as a real cut, this bill will trigger a se- by the private sector and by the Gov- cies ranging from the Veterans Admin- questration and an across-the-board ernment. And we are falling far short istration to the EPA. It is not an easy cut of all domestic programs of $1.5 bil- in meeting those obligations in task to bring this wide range of inter- lion; and we will trigger a defense cut science. est together into a single bill. However, Allan Bromley, former science advi- of about $1.5 billion, as well. the gentleman from New York (Chair- sor to President Bush, says, ‘‘Congress On the issue of housing, I would sim- man WALSH) and the gentleman from has lost sight of the critical role ply like to make this observation. This West Virginia (Mr. MOLLOHAN) have science plays in expanding the econ- bill accelerates the already rapid sepa- forged a relationship which I think omy.’’ I would very much agree with ration of this country into two sepa- makes this all possible. rate societies. A report issued this past that. So I would simply say there are a lot H.R. 2684 is a good bill. Is it a perfect weekend by the Center for Budget Pri- of good reasons to vote against this bill? No. Is it a fair bill? Absolutely, orities indicated that the lower two- bill. We ought to be able to do better yes. fifths of this country in terms of in- by veterans. We ought to be able to do I would echo the words of my chair- come are actually losing economic better by housing. We ought to be able man that we are still early in the legis- ground, while the top one-fifth are en- to do better by the basic science budg- lative process for dealing with this leg- joying unprecedented prosperity. et. And until they do, this Member is islation. There will be plenty of oppor- Overall, the personal incomes of going to vote ‘‘no.’’ tunities for Members to offer their sug- Americans have increased by about 20 Mr. WALSH. Mr. Chairman, could gestions and amendments before the percent over the past 22 years. But that you tell us how much time we have re- President finally puts his signature on increase has been distributed in a very maining? it. I would implore my colleagues not even manner. Incomes at the top have The CHAIRMAN pro tempore (Mr. to let perfection be the enemy of good. doubled, while incomes for the 50 mil- BARRETT of Nebraska). The gentleman The FY 2000 VA–HUD bill is a bill lion households at the bottom have from New York (Mr. WALSH) has 141⁄2 produced under very difficult cir- fallen. minutes remaining. The gentleman cumstances. Those have been outlined. This is taking place at the same time from West Virginia (Mr. MOLLOHAN) And it is within the budget caps. It re- that housing costs have been rising and has 13 minutes remaining. sponsibly provides the full $1.7 billion the number of rental units that were Mr. WALSH. Mr. Chairman, I yield increase, the amount called for in the affordable to low-income families has myself 1 minute to just respond to a budget resolution for veterans’ medical been shrinking at a dramatic pace. couple of points that have been made. health care, and fully funds Section 8 The Department of Housing and There is no question that we are housing. Urban Development estimates that the below last year’s funding level in this It also provides $325 million above, number of rental units available to bill, and that is in keeping with the that is above, the President’s request very low-income families dropped by budget agreement. But let me just say for the Clean Water State Revolving $900,000 just between 1993 and 1995, and a couple of things. If we take out of the Fund. the number of very low-income fami- HUD budget the $4 billion budget gim- b 1330 lies who must spend more than 50 per- mick that the President used, and by cent of their income on rent has ‘‘gimmick’’ I mean it was a $4 billion The gentleman from New York (Mr. jumped from 3.2 million in 1978 to over appropriation in the HUD budget and WALSH) should be saluted for crafting 5 million people today. the President specifically said in his this piece of legislation under very dif- In other words, low-wage families are request that this money not be spent ficult circumstances, and I know he getting squeezed twice. First because until the year 2001. That money is not has worked in good faith with the their wages are not keeping pace, and available in this budget year that we ranking member, the gentleman from secondly because housing costs are are discussing here today. If you take West Virginia (Mr. MOLLOHAN), to forge chewing up more and more of their that budget gimmick of $4 billion and this bill that the House now has before meager paychecks. And neither party, throw it away, we are billions above it. in my view, is doing enough to deal the President’s request for housing. Mr. Chairman, this is a fair bill and with that problem. This bill makes the Number two, on VA medical, as I there will be time to strengthen it and situation markedly worse. It cuts said, this is the largest increase ever in further it as the process moves along. about $1 billion below last year’s level VA medical. We have letters from the Mr. MOLLOHAN. Mr. Chairman, I from federal housing programs at veterans service organizations sup- yield 4 minutes to the distinguished about $2 billion below the request at a porting our level of funding. And at the gentleman from Maryland (Mr. HOYER), time when construction and rehabilita- same time, this really underlines the a distinguished member of the Com- tion costs are rising much faster than dismal, dismal request that the Presi- mittee on Appropriations. other costs in the economy. dent made and the lack of under- Mr. HOYER. Mr. Chairman, I thank Anybody who believes that this con- standing for veterans’ health needs in the gentleman from West Virginia (Mr. tinued bifurcation of America can this country. MOLLOHAN) for yielding me this time. produce the kind of stable and peaceful Mr. Chairman, I yield 2 minutes to Mr. Chairman, like so many who and productive society that we all pro- the gentleman from Michigan (Mr. have risen before me, I understand that H7902 CONGRESSIONAL RECORD — HOUSE September 8, 1999 the gentleman from New York (Mr. Because my time is short, I will not be the floor with some last-minute emer- WALSH) and the gentleman from West able to fully explain the consequences gency modifications to fund various Virginia (Mr. MOLLOHAN) and the com- to Goddard, but let me say that this popular programs, but as time passes, mittee are constrained by the dollars bill funds certain science and says to all the defects and shortcomings of the which have been allocated to their sub- NASA Goddard, information can be col- bill, in spite of the efforts of the sub- committee for expenditure. lected through the Earth observation committee to try to rationalize its ac- Having said that, that was the initial system but it then cuts the funding for tions, serious problems are very appar- error. This bill ought not to be sup- the dissemination of that information ent in this bill. ported, because it is in the context, as on the Internet and throughout the I would just point out the serious the gentleman from Wisconsin (Mr. country so that universities and sci- shortfall in terms of funding for hous- OBEY) pointed out, of being constrained entific organizations can utilize the in- ing, based on obviously cooked num- by what the gentleman from New York formation we are collecting. That bers apparently from the committees (Mr. WALSH) and others have said is the makes no sense. and from the Committee on the Budg- 1997 Act. Yes, we voted on that act; but I would say to my colleagues, we et, and arguable numbers from the ad- the fact is when we voted on that act ought to reject this bill. We ought to ministration, some of which I agree we thought last year and this year send it back to committee, not because and disagree with within this bill. would be in deficit. We thought we the gentleman from New York (Mr. There is $945M nearly 1 billion dollars would not have balanced the budget by WALSH) or the gentleman from West less than in 1999 for housing. It is like this time, consistent with OMB and Virginia (Mr. MOLLOHAN) have done the House is participating in a contin- CBO hypothesis at that time. anything wrong, but the constraints ued sham in terms of the Budget Act. The context is different, and we and the parameters that they were The fact of the matter is that the pub- ought not to do what we are doing, in given were inappropriate, wrong, con- lic is rejecting the policy path that has my particular case, to NASA, basic strained, I would say, and add that as been laid out by the Congress but the science research. the gentleman from Wisconsin (Mr. majority insists on getting up and I rise in strong opposition to H.R. OBEY) did, by a $792 billion tax cut pro- passing bills that seriously underfund 2684. Over the past 7 years, NASA has posal. If we have $792 billion, surely we programs and seriously underfund restructured, reduced personnel with- have the money, surely we have the housing. out layoffs and reduced its costs over money, to fund, as my friend from New This is almost a billion dollars less those 7 years by $35 billion. This is not Jersey says, veterans adequately and than what was actually funded last an agency that did not give at the of- surely basic science adequately. year based on trying to use standard- fice and at home. I know the gen- I urge my colleagues to reject this ized numbers, several billion dollars tleman from New York (Mr. WALSH) bill. less than the administration has re- knows that. Mr. WALSH. Mr. Chairman, I yield 1 quested. I would say looking at what I am extraordinarily concerned. The minute to the gentleman from Texas the need is that the serious problems of agency has kept America at the fore- (Mr. PAUL). the past have now turned into a crisis front of science research. This bill se- (Mr. PAUL asked and was given per- with regards to housing. We cannot verely cuts NASA by a billion dollars mission to revise and extend his re- continue to use housing as the honey and undermines our role, in my opin- marks.) pot to take money out and spread it ion, as the world leader in science and Mr. PAUL. Mr. Chairman, I thank around to programs that have more technology. the gentleman from New York (Mr. popular support. In fact, according to administrator WALSH) for yielding me this time. In my community, in Minnesota, we Dan Golden, two centers, if this budget Mr. Chairman, I would like to com- have about a 1 percent vacancy rate. In were carried into place and followed, pliment the committee, as well as the fact, vouchers that are often provided would have to be closed. The reduction chairman of the subcommittee, for de- as an answer very often do not work of the research program will eliminate leting the $24.5 million for the selective and will not work. So even though all an estimated 600 grants to universities, service system. That was a good move. the facts change, all the circumstances NASA centers, and other agencies in To me it was a heroic step in the direc- change, the Congress acts as if in 1999, every State, not just mine. tion of more liberty for the individual. is still on a 1997 budget rationale. Bill Brody, the President of Johns There is no place in a free society to Funds are being split off for various Hopkins University, wrote to me ex- have a program of conscription and purposes here, for an $800B in tax pressing his concern about the NASA drafting of young people to fight un- breaks for Pentagon spending, for cuts. In his letter he states that 75 per- constitutional wars. It saves $24 mil- other matters, and yet we do not re- cent of Hopkins’ applied physics lab- lion, and I urge my colleagues not to spond to the various and the deep needs oratory space department is funded support the funding for the selective of the low income people in our com- through sources cut by this bill, basic, service. munities and their housing crisis. The top flight, world-class research. Ronald Reagan was a strong oppo- homeless funds are cut, lead paint I know the chairman does not want nent of the draft. He spoke out against abatement funding cut, community de- to cut that, but his bill does that. it. We do not need it. It is wasted velopment, housing funds, those of the Brody estimates that within the next money. It is absolutely unnecessary. least powerful in our society are short- year, Hopkins’ ability to maintain core The Department of Defense has spoken changed. I urge my colleagues to reject engineering capabilities will be crip- out clearly that it is not necessary for this bill. I hope we could get to work pled for years to come, and the bill national security reasons to have a se- and be in reality rather than remain in threatens the loss of ongoing research lective service system, and yet we con- a state of denial. Regard the needs of and analysis. tinually spend $24.5 million annually people for shelter in safe sanitary hous- According to the National Business for this program. So I urge all Mem- ing. Coalition for Federal Research, who bers, all my colleagues, to oppose put- Once again, the GOP leadership is relying also contacted me, and I quote, ‘‘Re- ting this money back in for the Selec- upon gimmicks to hide their fiscal year 2000 publican cuts to scientific research tive Service System. appropriations process train wreck. By turning under this bill are a recipe for failure.’’ Mr. MOLLOHAN. Mr. Chairman, I their backs on funding needs for important I agree. NASA funding made tracking yield 2 minutes to the distinguished people programs and failing to invest in impor- the 1997 El Nino weather pattern easier gentleman from Minnesota (Mr. tant social, housing, and community develop- and possible because of the satellite VENTO). ment programs, the Republicans have all but that followed its movement across the (Mr. VENTO asked and was given ensured a major confrontation this fall with Pacific ocean. Clearly, our Nation’s permission to revise and extend his re- congressional Democrats and the administra- quality of life benefits from NASA’s marks.) tion. The rush to provide tax cuts for special commitment to earth science research. Mr. VENTO. Mr. Chairman, I rise in interests and the wealthy have clouded the In my district, space science research opposition to this bill. A month has need to address social program funding reali- programs are carried out by Goddard. passed since it has been delivered to ties. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7903 Unfortunately, the VA±HUD appropriation budget authorization. This is a warped policy sources and talent in local communities and bill started out on a sour note with the Repub- especially at a time when millions of people as such, Congress should be supporting them lican budget blueprint earlier this year. Adding are on waiting lists for housing are on the to the highest extent possible. salt to the wounds, the GOP majority appropri- streets, and according to a Department of While this measure increases important vet- ators chose to lay out unrealistic Labor-HHS- Housing study deems 5.3 million families have erans health care by a modest $1.5 billion Education 302(b) allocations in order to spare worst case housing needs. This situation is more than last year, the GOP adopted a from reductions popular defense spending, frankly dire. The circumstances and facts flawed rule before the recess that will prevent military pork projects, and NASA programs. All change. The Federal budget is in better Democrats from offering amendments to fur- of these increases are provided at the extreme shape, but low-income housing needs have ther increase veterans health care. However, cost of housing and development programs exploded. Yet the funding response ignores this bill still falls short to the desperately need- and environmental protection. Such irrespon- the facts. ed funding levels. After years of inadequate sible GOP policies will put in place a con- The real need of our communities which funding levels for the VA, we must work to voluted process of shifting money into popular should be addressed by this bill is in pre- push for full funding for our VA hospitals and programs to attract votes and comply with the serving our federally assisted housing from the nurses who are overworked and underpaid. spending caps at the expense of the power- ``opt-out'' or prepayment phenomenon by This so-called increase in veterans health care less in our society. matching State programs to keep buildings af- would be offset from other existing VA pro- Sadly, this VA±HUD bill continues to force fordable, or marking up market rents so land- grams; major VA construction would be cut by HUD to draw the short straw for housing and lords stay with our successful programs. But 76 percent. By simply shifting and shuffling ex- community development programs and that how will we be able to move forward for the isting priorities to meet other needs does not will impact real people through the loss of jobs future with preservation efforts when this bill constitute an increase. Moreover, in a des- and affordable housing. There are few im- does not squarely address the real housing perate plea to win votes, the GOP leadership provements to mention, though I am pleased needs of this country with what we have now? has laced this bill with hundreds of pork-barrel that there is finally some commitment to re- We are already sliding backward and the pas- projects for a range of activities requested by store $10 million in funding to the FEMA sage of the VA±HUD bill this week is like individual lawmakers. Such policy is clearly a Emergency Food and Shelter Program, a pro- throwing a drowning person an anvil. This is rancid effort in order to win passage of a high- gram that I have worked with Chairman not acceptable policy for housing our people ly flawed bill. WALSH in the past to increase funding. or creating the economic opportunities that will Year after year, the Republicans have un- However, the bill we will vote upon this help them move forward in tandem with their successfully attacked the President's week continues the theme of the past few communities and neighborhoods. This appro- Americorps program. Predictably, this legisla- years: making housing a principal wellspring priation process and budget blueprint is wholly tion completely eliminates the Americorps pro- for spending increases elsewhere and tax cuts inadequate. If we are going to cut spending it gram. Currently, over 20,000 Americorps for special interests and the wealthy. HUD es- must be based on equal sharing of the bur- members serve full or part time. In exchange timates that in Minnesota we will lose over den, not loading all the cuts on the backs of for service, members receive education $23 million, jeopardizing 1,600 jobs and al- low-income Americans and the programs awards. The Americorps program allows and most 2,400 units of housing for low-income which serve them. Certainly this policy path encourages people to strengthen our commu- families if this bill were enacted. The cuts in and bill should be rejected. nities by providing needed human resources HOPWA, Housing for Persons with AIDS, and To add insult to injury, this spending meas- to schools, churches, community groups, and McKinney Homeless Assistance funds would ure makes no effort to reconcile the loss of nonprofit organizations, while at the same time result in 138 homeless and persons with AIDS hundreds of millions of dollars of rescinded investing in their own education; both aspects not being served. section 8 moneys that have been usurped for are extremely important in ensuring a positive The St. Paul Public Housing Authority, one emergency spending this year and the last. future for our nation. Despite the fact that the of the Nation's best, accurately explains the This year, for example, we lost $350 million in President adamantly supports this program consequence: further cuts in public housing section 8 that is made up, if at all, on the and in fact has called upon Congress to allow funds will jeopardize our safe, affordable, and backs of other critical housing programs like even more of our young people to participate quality public housing because cuts in oper- the CDBG block grant which serves low- and in Americorps this year, the Republican lead- ating subsidies will slow responses to repairs, moderate-income folks in cities across the ership has once again insisted on senseless, cut key staff who screen applicants, and gen- country. cyclical cuts to this beneficial program. erally impair their ability to apply for and com- While the committee may claim inadequate I am also disturbed by the lack of initiative ply with Federal programs. The lack of com- appropriation authority under the budget, the taken by the majority to support several key mitment and cuts that this VA±HUD bill would fact is that there are 215 earmarks spending programs administered by the Environmental deliver will result in fewer resident services money on special interest projects. The con- Protection Agency (EPA) and critical to the and will mean less ability to deter criminal ac- clusion of this bill is to deny funding for hous- health of the people and their land in this leg- tivity and other community concerns. ing and other needs but to buy off votes to islation. Today, global warming is becoming Unfortunately, the VA±HUD appropriations pass it with projects and earmarked funds. an ever increasing and prevalent threat. I don't bill cuts close to a billion dollars in funds from I am concerned regarding the cut in funding think I need to point any further than outside HUD's budget last year and is some $3 billion for the Community Development Financial In- the doors of the Capitol where this summer below the administration's request. Despite stitutions (CDFI) Fund. As the sponsor of the we are experiencing an unseasonably hot, trying to hide the cuts by spreading the pain bill to maintain and improve the CDFI Fund humid, rain free, and pollution rich summer around, it is clear that housing and community which has been reported by the Banking Com- that forced many children to stay inside due to development will suffer under this billÐan at- mittee, I think it would be more appropriate to upper respiratory problems. Despite the faint rophy by design. This atrophy has also hit keep the funding for the program at $95 mil- glimmer of the sun through a gray haze on our successful programs like the Neighborhood lion, instead of what the committee provided doorstep, some Members continue to fight Reinvestment Corporation which faces a $10 through this bill, a reduction of $25 million. against the implementation of initiatives de- million cut in this bill. Further, while the overall This underfunding is even more serious if we signed to curb global warming. why? Because VA±HUD bill has lost some of the emergency are to be able to have the running room to these initiatives are a thinly veiled guise being spending gimmicks, the GOP majority appro- adequately fund the PRIME program that the instituted by the EPA in an attempt to secretly priators have chosen instead to gouge ever Banking Committee has also reported out. implement the Kyoto Protocol. Air quality pro- deeper in the Labor-HHS-Education funds in The PRIME Act, which stands for the Pro- grams are not the only programs seriously un- order to spare the popular Veterans and gram for Investment in Microentrepreneurs, is derfunded in this legislation. Research pro- NASA programs. a modest, but important piece of legislation grams, both in-house and grant based, are flat Predictably, housing and community pro- that will provide training and technical assist- lined from last years appropriation, thus stifling grams have been left with cuts to the Commu- ance to help low-income entrepreneurs around important research and possible technological nity Development Block Grant (CDBG), and the country to gain access to the knowledge breakthroughs, and leaving many worthy re- even the McKinney Homeless Assistance pro- and implementation strategies that will ensure search projects in the dark. Superfund, a pro- grams, housing for persons with AIDS, public the success of their own business ideas. We gram designed to fix this Nation's most envi- housing, and the list goes on. No new housing have had two successful hearings on this leg- ronmentally polluted and disastrous areas, has assistance despite the commitments to author- islation and have moved it out of the com- been reduced $50 million. Despite these egre- ize 100,000 new vouchers made in the 1999 mittee. Both PRIME and CDFI leverage re- gious examples of the misappropriation of H7904 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Federal dollars to the EPA, the solution is sim- speaker on the intellectual honesty of b 1345 pleÐeliminate over 100 of the special interest his statement when he noted that Mr. WALSH. Mr. Chairman, I yield projects that cost this legislation $352 million many who voted for the 1997 Balanced myself 30 seconds. and apply that money to programs that benefit Budget Act will now be standing up Mr. Chairman, the gentleman cer- all of America. here on both sides disclaiming any re- tainly has the right to say I told you Overall, this bill is a failure. While the House sponsibility for its consequences. so, but that does not mean that he is It is, in fact, inconsistent to main- has now passed the trillion dollar tax cut for right. This agreement caused us to tain those caps but then go home and those who are well off, this GOP measure will make difficult choices, and we are try- siphon off much needed funds from important tell people how much you love commu- nity development, block grants and ing to do that today. housing programs for the less fortunate; shifts But I would remind the committee around dollars from VA construction projects want to do more, and want to be for more of this or more of that. and the Members that if they take the to fund critical health care needs, thus cre- President’s budget gimmick of $4.2 bil- ating an illusionary increase; boost NASA To some extent, what we are dealing with here is a matter of intellectual lion out of his request, this bill allo- spending at the expense of our environment; cates $2 billion more than the Presi- kills the Americorps programs; and is washed honesty. I believe the intellectually honest thing to do is to admit a mis- dent actually allowed or requested be down with hundreds of pet projects. The un- spent on the housing programs for avoidable conclusion is that this measure is take. I think what we have here is a little infallible envy. those exact same poor that the gen- bad policy. tleman just mentioned. I urge a strong ``no'' vote. Virtually every Member understands Mr. WALSH. Mr. Chairman, I yield in his heart of hearts or her heart of Mr. Chairman, I yield 1 minute to the distinguished gentleman from Virginia 11⁄2 minutes to the distinguished gen- hearts that the 1997 Balanced Budget tleman from California (Mr. Act was based on inaccurate informa- (Mr. BATEMAN). (Mr. BATEMAN asked and was given CUNNINGHAM), a member of the com- tion. I must say I thought it was wrong mittee. at the time. permission to revise and extend his re- Mr. CUNNINGHAM. Mr. Chairman, As I get older, I learn that one of the marks.) the gentleman from New York (Mr. few pleasures that improves with age is Mr. BATEMAN. Mr. Chairman, I saying I told you so. I knew it was WALSH) has had a difficult job oper- thank the gentleman for yielding the ating under a balanced budget just like dumb then. Some of my colleagues may precious 1 minute. I use that minute to every other chairman. It is difficult to be later converts to it, but look at the make the point that this bill by its re- gauge where one is going to reduce consequences. As I told the gentleman duction and acceptance of reductions spending for veterans or space pro- from New York (Mr. WALSH), I had a from the administration for the Na- grams, science programs and others, little sympathy for him describing this tional Aeronautics and Space Adminis- bill. As he explained it, he did a good and I understand that; but I think it is tration is doing a great disservice to job as he did, given what he was given even more difficult, if we do nothing, this Nation. NASA is an agency and an to work with. He and the gentleman for our children and our grandchildren. institution within the United States Day after day, people on both sides of from West Virginia (Mr. MOLLOHAN) did which has made immeasurable con- their best, but I thought of that story the aisle will stand up and say, well, I tributions to the betterment of our so- then of I felt sorry because I had no supported the balanced budget, but yet ciety. We have gone forward with a shoes and then I met a man who had no many of those same people will stand space program which I applaud; but in feet. the process, the administration, year here in the well and say in every one of If one feels sorry for the gentleman the 13 appropriations bills, they want after year, has submitted budgets pro- from New York (Mr. WALSH), wait until more spending, want more spending, posed for NASA which are pitifully in- the gentleman from Illinois (Mr. POR- want more spending, which will drive adequate and have starved all the other TER) comes in with his bill. Not only programs and agencies within NASA to us to the 40 years of irresponsible does he have no feet, they cut him off spending when the Democrats con- an extent that it is shameful. about three ribs short of his shoulders. In aviation alone $400 million has trolled this House. We do not want to This House is in a situation where we been deducted or reduced from the ap- return to that. are providing far too little money for propriations for that phase of NASA I would love to increase more spend- fundamental social purposes that hold science and activities. No airplane in ing on veterans. They have been denied this country together, and we are mak- the world flies today without the ben- health care, and they have been prom- ing a grave error. ised that for years. We cannot do that Alan Greenspan in April said he re- efit of the research done by NASA on under a balanced budget. And the space gretted the fact that the international aeronautics. It is virtually a crime. programs, I believe that our mission free trade consensus that used to exist And we must fix it to see that these and our future is in space, but it is in America has fallen apart, and he programs are restored; and we ought to more important for us to maintain said I understand some people are get- do it at the earliest opportunity. that balanced budget, to take a look at ting hurt. We should not, he said, allow Mr. MOLLOHAN. Mr. Chairman, I our priorities, and I think the gen- our inability to help these people to yield 1 minute to the distinguished tleman from New York (Mr. WALSH), drive us away from support for inter- gentleman from Indiana (Mr. ROEMER). with one exception, has done a good job nationalism, but it is not an inability. (Mr. ROEMER asked and was given at that. It is not an inability that this bill permission to revise and extend his re- I would say to the gentleman from shows. It is an unwillingness. This very marks.) Texas (Mr. PAUL), who spoke a minute rich country does not have to cut com- Mr. ROEMER. Mr. Chairman, I want ago, the chairman of the Joint Chiefs munity development block grants and to thank my friend from West Virginia of Staff and the Secretary of Defense cut housing and put more of a burden for the time. strongly support the selective service on people. We are making a terribly I just want to encourage my 2 col- system, but it is in our children’s best grave social error. As capitalism flour- leagues, the gentleman from New York interest to support not only this bill ishes and the rich get richer and the (Mr. WALSH) who is a strong supporter for the tough decisions that the gen- stock market approaches levels that of the AmeriCorps program, and I know tleman from New York (Mr. WALSH) make Mr. Greenspan nervous, we come the gentleman from West Virginia (Mr. made but for the future and the bal- in with a bill that takes away from the MOLLOHAN) is a strong supporter, to anced budget and living within those poorest of the poor, the neediest and make sure that while this program is constraints. the working poor. completely eliminated, not a penny for Mr. MOLLOHAN. Mr. Chairman, I Let us send this bill back and do the AmeriCorps in this bill on the House yield 21⁄4 minutes to the distinguished job right. floor, that we restore this money in gentleman from Massachusetts (Mr. Mr. OBEY. Mr. Chairman, I demand conference with the Senate. FRANK). that the gentleman’s words be taken We have a crisis in our schools with Mr. FRANK of Massachusetts. Mr. down and engraved upon the door, be- teacher shortages and with school safe- Chairman, I congratulate the previous cause they are absolutely correct. ty. The AmeriCorps program currently September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7905 mentors and tutors 2.6 million school- gency. Let us put more money in for Chairman, and more than 5 million children, and they help 564,000 at-risk our veterans, Mr. Chairman. families in our country are only a pay- children in after-school programs. Mr. WALSH. Mr. Speaker, I yield my- check away from losing their homes. Now we can either approach this by self such time as I may consume. In light of these problems that our appropriating more money in edu- Mr. Chairman, on the points that the families and our seniors are facing, we cation bills that the gentleman from Il- gentleman from California (Mr. FIL- should use our prosperity to increase linois (Mr. PORTER) does not have for NER) made, and I understand his com- HUD’s capacity to create jobs, to build these problems or we can continue a mitment is very strong to America’s homes; but instead we are cutting the program that is working with these veterans, as are all Members. Just to HUD budget. The effects of these cuts AmeriCorps volunteers at places like set the record straight, we provided the on the lives of families and seniors and the University of Notre Dame and help President’s request level for veterans the homeless would be devastating. In our schools do a better job and help our cemeteries. That is a $5 million in- my district alone, we would loose $4.5 neighborhood schools with at-risk crease over the 1999 enacted level. So billion; and hundreds of low-income after-school programs. we actually did increase the budget for families could be left out in the cold. So I would like to encourage the gen- veterans cemeteries. In the city of Chicago where the Chi- tleman from New York (Mr. WALSH) As regards the request for emergency cago housing authority is just begin- who has been a very strong supporter designation, we did do that, but we re- ning to turn the corner on a persistent of this program to continue to work quested the $1.7 billion increase that housing crisis, we are going to be set- with us in conference. was authorized by the committee, and ting the CHA back. Mr. WALSH. Mr. Chairman, I reserve that is consistent with what the vet- We have a responsibility here, a re- the balance of my time. erans authorizing committee suggested sponsibility to expand and not to cut Mr. MOLLOHAN. Mr. Chairman, I and the budget document requested, vital housing and economic develop- yield 13⁄4 minutes to the distinguished and we were not given emergency des- ment programs. We need to take dras- gentleman from California (Mr. FIL- ignation. What we were given was an tic steps, not to cut, but to develop a NER). actual $1.7 billion in real dollars to in- successful and comprehensive afford- Mr. FILNER. Mr. Chairman, I thank crease the veterans health care budget. able housing and economic develop- the ranking member for the time. So I think it shows a substantial ment policy. This should be a national Mr. Chairman, I am going to vote commitment on the part of the sub- priority, and at a time when we have a against this bill because it seriously committee and the full Committee on $14 billion federal budget surplus; if not underfunds our commitment to our Appropriations, and we will take on now, when? veterans. that mantle of being veterans advo- Mr. MOLLOHAN. Mr. Chairman, I The gentleman from my hometown of cates; if the Executive Branch will not, yield back the balance of my time. San Diego, California (Mr. we will do that. Mr. WALSH. Mr. Chairman, I yield CUNNINGHAM) said we ought to fund our Mr. Chairman, I reserve the balance myself such time as I may consume. Nation’s veterans, but we cannot. We of my time. Mr. Chairman, briefly in closing I cannot because of this agreement we Mr. MOLLOHAN. Mr. Chairman, I would like to thank the distinguished made a couple years ago. yield 1 minute to the distinguished Chair for conducting this portion of the The subcommittee saw that as a gentleman from Ohio (Mr. KUCINICH). general debate and my colleagues for, I problem and asked the full committee Mr. KUCINICH. Mr. Chairman, this think, a very intelligent, thoughtful for an emergency designation for which bill is flawed from the sky above to the debate. it could receive an extra $3 billion for earth below. Here on terra firma the Mr. FRANK of Massachusetts. Mr. our veterans. They were overruled. I bill would hurt the poor, the elderly Chairman, earlier today at a press con- think the chairman was right. It is an and the disabled by cutting their hous- ference Secretary of Housing and emergency situation to fund our vet- ing assistance and the sky above, our Urban Development Andrew Cuomo erans. We are not keeping our commit- space program, and its innovation, its made a very forceful and important ment that we made to them. ability to create new jobs is being de- statement about this particular bill. I This must be classified as an emer- stroyed. Glenn Research Center in my thought the Secretary’s statement was gency today. Providing veterans health district, which is one of the finest cen- a very important contribution to the care is emergency. The VA health sys- ters in this country, is under attack in debate, so I am including the state- tem is drastically underfunded and in this bill. ment issued by Secretary Cuomo ear- danger of actual collapse. The national America is in effect eating its tech- lier today at the press conference for cemeteries that we should pride our- nological seed corn by destroying the the RECORD, and would request that it selves on are also facing disaster. We ability of the space program to create be placed at the end of the general de- are releasing our veterans from the new jobs with cuts like this, and at the bate on the bill that was debated hospitals with Alzheimer’s disease. We same time America turns its back on today. have serious illnesses that were con- the poor while the rich are getting The statement referred to follows: tracted either in Vietnam or the Per- richer, the poor are indeed getting STATEMENT OF SECRETARY CUOMO sian Gulf that are not getting adequate poorer. It is time to take this bill away Good afternoon. First I would like to treatment. from fat city and send it back to com- thank Congressman Gephardt not just for his Mr. Chairman, this is an emergency. mittee. kind words of support today but for the sup- Now when we say we ought to put Mr. MOLLOHAN. Mr. Chairman, I port he has shown for HUD over these many more money in the budget, my friends yield all the remaining time to the dis- years. I think the great turnout you see here on the majority side say well the Presi- tinguished gentlewoman from Illinois today of Congress people from across the dent underfunded the veterans in his (Ms. SCHAKOWSKY). country reflects that leadership—and we proposal. Yes, he did. I agree with that; The CHAIRMAN pro tempore. The need that leadership now. underfunded by $3 billion. But remem- gentlewoman from Illinois is recog- Congressman Gephardt, I want to thank you very much for everything you have done 1 ber this is not the President’s budget. nized for 1 ⁄4 minutes. for all of us. We heard a lot of talk about the This is a congressional budget. It is our Ms. SCHAKOWSKY. Mr. Chairman, I $800 billion tax cut and how it is bad eco- responsibility, and we underfund vet- have to tell my colleagues I found this nomic policy and it is risky and it is reck- erans by at least a billion and a half. budget very hard to explain to people less—and I think it is undeniable. It gets Mr. Chairman, the veterans organiza- back home. While we are all here pat- worse when you look at who would get the tions of this Nation, all of them, com- ting ourselves on the back for this tax cut and how it is fueled—obviously to bine to come up with what they string of unprecedented economic pros- the richest of the rich. You make $500,000 thought was a reasonable amount to perity, it seems all too easy to over- you get a $32,000 tax cut; if you make $18,000 you get $22—period. It makes the $800 billion keep our VA health system going. They look the communities that are not tax cut more repugnant. When you then also said $3.2 billion additional. This budget reaping the benefits. The unemploy- consider the cuts to the essential programs underfunds that by a billion and a half. ment rate in some of these commu- that they would do simultaneously without We need that money, and it is an emer- nities is as high as 20 percent, Mr. tax cuts, the situations become unbearable H7906 CONGRESSIONAL RECORD — HOUSE September 8, 1999 and it becomes frankly, in my opinion, re- lieve, would jeopardize the future of our space ment of Commerce in its July, 1999 report, pugnant in its clarity. research programs, including programs di- ``Falling through the Net.'' The programs that would be cut would rected at solving problems here on earth, that These AmeriCorps programs bring tech- hurt the poor, the working American fami- lies and the middle class American families are pushing forward the frontiers of knowledge nology to underserved populations and ad- right across the board. HUD is just a good about our universe. dress weaknesses in our economy, such as example of it. A $1.6 billion cut which would These cuts to NASA's budget are being unequal access to technology, teacher train- cut virtually every program in the Depart- made despite recent legislation passed by the ing, and evaluation. ment from soup to nuts, virtually every pro- House, which I supported, that authorized However, I do not believe AmeriCorps is es- gram—there are one or two programs that higher levels of spending than those being sential just because it can help close the ``dig- would not be cut. To give you a couple of ex- proposed by Congress. ital divide.'' It is essential because it exposes amples: at a time when this nation has the The VA±HUD Appropriations bill also fails to young people to the ideal of serving their com- highest need for affordable housing in its his- fund any incremental housing vouchers and tory, 5.3 million families need affordable munity and their nation. Colin Powell has suc- housing; waiting lists for affordable housing would impose a 5% cut in the critical Commu- cinctly captured this idea of community service all across the country are years long and are nity Development Block Grant program. Ac- by stating, ``For some of our young people, getting longer. Under their budget, the num- cording to HUD, the overall cuts would result preserving our democratic way of life means ber of new units that would be produced next in an estimated 156,000 fewer housing units shouldering a rifle or climbing into a cockpit or year goes to zero—zero—highest need in his- for low-income families, at a time when their weighting anchor and setting out to sea. for tory, waiting lists are getting longer across housing needs are at all-time high. As a result others, it means helping a child to read or the country—they would produce exactly of these cuts persons with AIDS and 16,000 helping that child to secure needed vaccina- zero units. homeless families would not receive vital Our main economic development programs, tions or it means building a park or helping when we are trying to get people from wel- housing and related services. In addition, bring peace to a troubled neighborhood or fare to work, when we are trying to do some- 97,000 jobs would not be generated in com- helping communities recover from natural dis- thing about income inequality, when we are munities that need them. If passed by the full asters or reclaiming the environment.'' trying to do something about urban areas Congress, I believe these cuts would have a Harris Wofford, former United States Sen- that are struggling to catch up—they would devastating impact on families and commu- ator and now head of the Corporation for Na- cut the economic development program 90%. nities nationwide. tional Service, echoes Powell's thoughts, ``Our At a time when the nation is trying to come In addition, the AmeriCorps program is cut together as a community and President Clin- country needs more . . . patriotism. $435 million from the FY 1999 level, in effect, AmeriCorps encourages and inspires this pa- ton is talking about one America, at a time terminating the program. when we are moving towards a majority mi- triotism on the home front.'' AmeriCorps, the domestic Peace Corps, en- nority nation—they would cut the funds to Finally, a quote by Vaclav Havel, I believe, fight racial discrimination. They would cut gages more than 40,000 Americans in inten- explains the need to have an AmeriCorps, the funds to combat lead paint removal. sive, results-driven service each year. ``This dormant good will in people needs to be Lead paint removal is removing the lead AmeriCorps members are tackling critical stirred. People need to hear that it makes paint from older homes so children don’t get problems like illiteracy, crime and poverty. sense to behave decently or to help others, to poisoned. They would cut those funds. They They have taught, tutored or mentored more would then cut the programs as the Con- place common interest above their own, to re- than 2.6 million children, served 564,000 at- spect the elementary rules of human coexist- gressman mentioned that literally go to risk youth in after-school programs, operated house the homeless and house people with ence. Good will longs to be recognized and 40,500 safety patrols, rehabilitated 25,179 AIDS—about 16,000 fewer people would re- cultivated.'' homes, aided more than 2.4 million homeless ceive that assistance. The cuts will be felt by This, I believe, is the essential value of na- every city and every county across the individuals, and immunized 419,000 people. In Connecticut, more than 1,200 residents tional service, and by extension, of states, not just one part of the country, one AmeriCorps. Serving is as important and re- area, one location: it is not just urban Amer- have served their communities through ican or suburban or rural, it is all across the AmeriCorps. warding as being served. country, coast to coast. Places like Boston Mr. Chairman, we all know that AmeriCorps Mr. Chairman, I believe the cuts in this bill will lose $15 million, the city of Atlanta will helps solve critical problems in an effective would move America in the wrong direction. lose $9.5 million, Dallas $8.8 million. Every way. It creates $1.66 worth benefits for each Despite unprecedented economic prosperity, city, every country. We recently did a report there are significant unmet needs in our na- which we have here today called ‘‘Losing $1.00 spent. And for every full-time AmeriCorps member, 12 regular and occa- tion's communities and in our science and re- Ground’’ which details the cuts Congres- search programs. We should not cut programs sional District by Congressional District. sional unpaid volunteers are recruited and mo- This budget will pull the rungs out of the bilized. AmeriCorps is, indeed, effectively pre- that meet vital housing, economic develop- ladder of opportunity and cut the safety net. paring young people for the future and ment, and research needs. I will strongly op- We should expect more people to fall into strengthening local communities. pose this bill because it fails to meet our re- poverty, more people to be unemployed, As a result of program cuts, however, a sponsibilities to war veterans, to provide relief more homeless and expect their conditions in great number of important projects that foster and recovery after natural disasters, to provide those situations to be worse. And as the Con- service to the community, to protect the envi- gressman pointed out, this country is doing involvement and learning in technology by children and adults, will go unfunded. One of ronment, to help to meet housing needs, and very, very well, and President Clinton is to undertake essential research that will great- very proud of the economic progress. But these is Project FIRST (Fostering Instructional there is also no doubt that there are many Reform through Service and Technology Initia- ly the American public. hard working American families who have tives), whose role it is to increase access to We can do better, Mr. Chairman. not yet shared in that economic progress. technology and its educational benefits in the Mrs. CHRISTENSEN. Mr. Chairman, I rise And what the HUD budget is all about is nation's least-served schools. Another way today in strong opposition to HR 2684, the VA/ bringing them along, bringing all Americans AmeriCorps is involved with technology is HUD Appropriations bill for fiscal year 2000, up to share in that opportunity. Now is not through TechCorps, a national non-profit orga- because of the substantial and devastating the time to cut the rungs on the ladder of op- cuts that the bill makes in funding for the De- portunity, now is the time we should be nization that is driven and staffed primarily doing the exact opposite. with technologically proficient volunteers. How- partment of Housing and Urban Development. I thank Congressman Gephardt once again ever, if funding is not restored, TechCorps will At a time when our nation is experiencing for his leadership and all the members who not receive AmeriCorps/VISTA volunteers to record budget surpluses, it is unconscionable are here today for their stand on this pro- bring this program to underserved, low-income that this body would cut funding that goes to posal. communities. some of the most neediest of our constituents. Mr. LARSON. Mr. Chairman, the VA±HUD I believe these programs are important, be- The bill before us today could likely result in Appropriations bill, H.R. 2684, that we are cause even though American technology is 40,000 Americans, including many of my con- considering today has many shortcomings that propelling the nation's economy to unprece- stituents in the Virgin Islands, being forced out prevent me from voting for it in its present dented heights, growing concern remains for of their current HUD funded housing and onto form. those who are not benefitting from his pros- the street due to the draconian cuts in the The major agency that takes the largest perity. For those left behind by the advancing Section 8 program. cuts in the bill is NASA. Total appropriations technology, the divide growing between the And as if these cuts weren't bad enough, for FY 2000 under the bill are $1 billion, or 7% ``haves'' and ``have-nots'' is increasing at an the bill cuts the funds for repairing and main- less than the FY 1999 level. These cuts, I be- alarming rate, as demonstrated by the Depart- taining public housing properties by a half a September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7907 billion dollars and underfunds operating sub- against veterans who fought to preserve the worked with six Santa Cruz school gardens sidies by $400 million on top of the $400 mil- prosperity of this countryÐthe prosperity in and mentored at-risk youth through involve- lion shortfall in the current fiscal year. As a re- which veterans will not share if this bill is ment in garden activities. sult of these cuts, over 105,000 affordable passed. These accusations are a slap in the AmeriCorps volunteers have been integral housing units will not be modernized and face to our veterans and add insult to injury. to the recovery from the many natural disas- properly maintained meaning that in districts As a strong supporter of our nation's vet- ters faced by Americans in the past few years. like my own which are prone to natural disas- erans, I am forced today to vote against this AmeriCorps participants spend countless ters those units would be in even more jeop- bill due to its severe lack of funding for vet- hours assisting FEMA and the American Red ardy. erans' programs. Veterans groups agree that Cross with disaster relief. Participants have My colleagues, while our poorest families, this bill falls short by at least $1.1 billion. In helped emergency efforts such as the North- the elderly and the disabled are the ones who light of projected budget surpluses and an irre- west Flood in January of 1997, California will be most directly harmed by the cuts in this sponsible trillion dollar tax cut, it is especially Floods of 1998, Southern California Fires of bill, ultimately all of us will all be affected and disappointing to see the men and women who 1996, and the list goes on. AmeriCorps has will pay the price of increased homelessness have served this country overlooked by those been responsible for the sheltering of families, and dilapidated buildings. who would rather squander the surplus reck- working at mobile food units, watching for For the Virgin Islands these cuts will be par- lessly than use it to secure the future of critical floods, conducting traffic, and numerous other ticularly hard felt because the local govern- programs such as veterans benefits and So- vitally important task for victims of natural dis- ment is currently wrestling with a current fiscal cial Security and reduction of our growing na- asters. year deficit of $100 million dollars and an ac- tional debt. As expressed at the President's Summit on cumulated deficit of one billion dollars. If the Our veterans are aging, and their medical America's Future in Philadelphia, we need to $250 million from the CDBG program isn't re- needs are growing as a result. This bill, how- encourage all Americans to volunteer. Each stored, the affect that it will have on hundreds ever, does not address those needs. The AmeriCorps member leverages approximately of my constituents who benefit from the sev- number of VA medical facilities has decreased twelve to fourteen new volunteers. When you eral worthy local programs which CDBG funds almost 35% in the last ten years, but this bill have a program where Americans are volun- would be tragic. fails to address the growing demand for VA teering to assist others in need, it would be I ask you, my friends in the majority: is it services as a result of the increasing number fostered and encouraged. right that you would propose to spend almost of veterans over the age of 65. According to AmeriCorps members are making a dif- all of the $800 billion non-Social Security sur- the Congressional Research Service, 36% of ference in our communities and their presence pluses on a politically motivated tax bill while all veterans are over the age of 65, and that will be sorely missed if this funding is cut. I at the same time refusing to fund the Presi- number is expected to increase exponentially encourage my colleagues to oppose this bill dent's request for 100,000 incremental Section over the next eight years. An aging veterans and insist on restoring funding for AmeriCorps 8 vouchers when a record number of Ameri- population will undoubtedly put a strain on our and the Corporation for National Service. cans face a lack of affordable housing? nation's Veterans Health Services. At the cur- Mr. HALL of Ohio. Mr. Chairman, I rise in I urge my colleagues to join the Association rent pace of construction, we will not have the opposition of H.R. 2684. While I support an in- of Local Housing Finance Agencies, the Na- necessary facilities to meet veterans' extended crease in funding for our country's veterans, I tional Community Development Association, care needs. feel that this bill unfairly cuts programs that af- the National Rural Housing Coalition, the Na- Faced with this reality, I am unable to vote fect low-income individuals. It slashes the total tional Association of Counties, the National for a bill that will short-change veterans by budget by $1.6 billion for the Department of Association of Housing Partnerships, the Na- over a billion dollars while Republicans insist Housing and Urban Development through cuts tional League of Cities and the US Conference on robbing Social Security and sacrificing vet- in nearly every program. At a time of historic of Mayors in opposing this VA/HUD Appropria- erans' healthcare, in favor of squandering the prosperity and economic success, I think this tions bill because of what it will mean to the surplus on fiscally irresponsible tax cuts. is a serious mistake. neediest among us. Mr. FARR of California. Mr. Chairman, this One of the major cuts is out of the Commu- Mr. SANDLIN. Mr. Chairman, it is our duty bill is a travesty. The funding to provide serv- nity Development Block Grant (CDBG). This to fulfill our promises to our nation's veterans, ices for our Veterans and to assist with hous- wonderful program provides funding for every the men and women who have put themselves ing for low-income families is wholely inad- community in the country. Community Action in harm's way in service to their country. It is equate. At this time, I wish to address another Agencies depend on this funding as the back- our duty to care for our veterans, and if we area where this bill is unacceptable, the lack bone of programs for the poor in urban, subur- pass this legislation, we will fail miserably. of funding for the Corporation for National ban and rural communities. This money simply We are faced today with a bill that fails to Service (CNS) and its newest program, passes through HUD to states, counties and deliver to our veterans the funding they so AmeriCorps. cities to use on community priorities. In Mont- desperately need. If we pass this bill, we will All funding for the CNS was eliminated in gomery County, Ohio, CDBG provides an in- only be perpetuating the failure of the Presi- Committee to shift money to other appropria- valuable resource in addressing community dent's severely lacking budget. Even though tions bills and to support a tax bill the Amer- needs, such as affordable housing and eco- this bill would provide $1.7 billion more than ican people know is a scam. nomic development. The U.S. Conference of the President's request, it is still not nearly The CNS administers an impressive list of Mayors has stated that CDBG funds benefit enough. Two wrongs do not make a right, and programs that provide assistance to people almost every single household at or below if we pass this legislation our veterans will be throughout the nation. From elementary school 80% of the national median income level. Mil- wronged yet again, by Congress as well as kids and seniors who are paired together lions of low- and middle-income Americans the Administration. through the Foster Grandparents program, to would be hurt by this cut. The Republican leadership would have you college and high school students involved in This bill would also reduce funding for af- believe that the Independent Budget submitted Learn and Serve America gaining college fordable housing. Secretary Cuomo's remark- by the veterans themselves is bloated and credit and benefiting from dedicated tutors, able effort to create a ``continuum of care'' overstates the funding needs for veterans pro- America is better off for the work Americans would be savaged by this bill. If we do not grams. I reject this assertion completely and are doing through CNS programs. provide money for Section 8 vouchers, public am horrified that the Republicans are alleging AmeriCorps members are providing an in- housing, and Housing for Persons With AIDS, double-counting and padding of budget esti- valuable service to communities around the and even cut money for Habitat for Humanity, mates by respected veterans' groups such as country. In my district AmeriCorps members we handcuff ourselves into simply focusing on the Veterans of Foreign Wars, Disabled Amer- have worked with the Boys and Girls Club, Big emergencies. We have too many people who ican Veterans, AMVETS, and Paralyzed Vet- Brothers and Sisters, and the Food Bank of are homeless already. Without these programs erans of America. Monterey. Currently they are serving at the funded at adequate levels, we will become As if these allegations were not enough, the Santa Cruz Community Credit Union and the part of the problem instead of part of the solu- Republican leadership is now touting this ane- Foundation of California State University, Mon- tion. mic bill as a cause for celebration and criti- terey Bay. I am thankful for all of the work that HUD cizing veterans for ``complaining'' when they In Santa Cruz, 24 men and women served does. Secretary Cuomo is to be commended fail to celebrate over a bill that is lacking over as AmeriCorps members with the Homeless for his efforts to eradicate poverty and expand one billion in critically needed funds. The Re- Garden Project. Not only did participants gain the American dream of homeownership to all publicans have resorted to these tactics agricultural skills and farming experience, they Americans, not just the wealthy. I was just H7908 CONGRESSIONAL RECORD — HOUSE September 8, 1999 with Mrs. Tipper Gore and the Dayton Metro- Foundation and cuts the NASA funding level and growing demand for health care. Addi- politan Housing Authority in announcing an by 7%. tional funds would have meant VA would be $18.3 million HOPE VI grant for a troubled Mr. Chairman, while I am encouraged by able to expand access to veterans who have community in my district. the renewed commitment this bill makes to our not previously been able to use VA because This is exactly what we should be doing nation's former servicemen and women, I can- of their distance from the medical centers. It during this time of unprecedented economic not vote for a bill which breaks our commit- would have better ensured VA could eliminate growth. We would be shortsighted indeed to ment to so many others. serious problems with waiting times that con- neglect those who most need our assistance. Mr. SMITH of Texas. Mr. Chairman, I front veterans in primary care clinics (including This bill would cost my district almost $2 mil- strongly support H.R. 2684. the new community-based outpatient clinics), lion and the State of Ohio over $73 million. Last February I hosted a town meeting in orthopedic clinics, ophthalmology and audi- In addition to slashing the HUD budget and Kerrville, Texas, to discuss the President's VA ology. It would have helped veterans obtain thereby adversely affecting the poor, it com- budget and the future of the Kerrville VA Med- prosthetics, including such necessities as pletely defunds AmeriCorps. The thousands of ical Center. Over 1,400 veterans attended and wheelchairs, oxygen tanks, hearing aids, and volunteers in the AmeriCorps program are one voiced their concerns about the President's eyeglasses on a more timely basis. Additional of the best tools we have in fighting against proposed budget cuts that would reduce serv- funds would help Va face the emerging public poverty and assisting community-based orga- ices at the Kerrville VA. health crisis of Hepatitis C by adding funds to nizations all around this country. The Univer- At that time, the President had submitted a overextended pharmaceutical budgets. It sity of Dayton's SWEAT program and the proposed VA budget that was woefully inad- would have assisted VA in restoring some of Congressional Hunger Center's Beyond Food equate. It was an insult to those that have the significant reductions that it has made in programs are terrific examples of AmeriCorps served our nation. mental health services or help facilities meet successes. Their members serve those in But thanks to the leadership of the Appro- the overwhelming need from long-term care need day in and day out. I have had the op- priations Committee members and the millions aging WW II veterans are now facing. portunity to meet and serve with some of of veterans around the country, this bill con- I also oppose this bill because it fails our these wonderful servants who will undoubtedly tains the largest veterans' medical care in- nation's low-income families by reducing their become the future leaders that this country so crease ever. access to affordable housing. The strong desperately needs. We cannot cut funding for In the face of a seriously under-funded Ad- economy has boosted the cost of housing, AmeriCorps and not hurt our communities. ministration budget for veterans' health care, placing this basic need further from the reach I therefore oppose this bill and ask my col- this bill sends a clear message: Veterans will of struggling families and the elderly. Yet, the leagues to restore full funding fur HUD and continue to receive the high quality, accessible bill contains no new funding for new Section 8 AmeriCorps. health care they were promised. housing vouchers. It also cuts funding for the Ms. BALDWIN. Mr. Chairman, I rise today to Mr. Chairman, this budget keeps the prom- construction and rehabilitation of public hous- applaud the VA±HUD Appropriations Com- ises that we made to our veterans. ing as well as cut assistance for the most mittee in its efforts to provide proper funding I urge passage of H.R. 2684. needy, the homeless. This is unacceptable. levels for our nation's Veterans. Mr. EVANS. Mr. Chairman, I rise to oppose In my home state of Illinois there are 67,182 H.R. 2684, the VA±HUDÐIndependent this bill for a number of reasons, but primarily project-based Section 8 apartments of which Agencies Appropriation for Fiscal Year 2000, because it breaks our promise of health care 41,437 have expiring contracts within the next places the concerns of veterans at the front of to our nation's veterans. five years. The cuts in this bill would cost my the line. The promises our country has made Many of us have worked hard to make im- district alone $2 Million in housing funds and to those who put themselves in harm's way for proved funding for health care for veterans a cause 130 fewer affordable units to be built. our nation are promises that must be kept. hallmark of this Congress. I want to think the Stable housing is fundamental to allowing This legislation takes a good step forward in Members of both sides of the aisle for their ef- those with low incomes to improve their eco- fulfilling those promises. This bill provides a forts in this regard. We began this budget nomic well-being. I oppose this bill because it total of $44.1 billion for VA programs and ben- process with a funding proposal from the Ad- doesn't do enough to provide working poor efits, an increase of $1.5 billion over last ministration that was inadequate. I believe the families, the elderly and the homeless with the year's bill. Administration's willingness to reconsider their housing assistance they so desperately need. The monies secured in this legislation will initial proposal and add a billion dollars was Clearly this legislation lets down our vet- go to programs that are becoming increasingly responsible for leveraging the significant addi- erans and some of the most needy in our so- essential to our aging veterans. Our World tional funds for veterans' health care this Con- ciety. I urge my colleagues to reject this legis- War II and Korean War era veterans are more gress is now discussing. I commend the Ad- lation. reliant than ever on the medical services pro- ministration, and particularly, Vice President Ms. DEGETTE. Mr. Chairman, one of the vided for by the VA for service connected dis- GORE for his leadership in the Administration's biggest mistakes we can make during times of abilities. This legislation appropriates a total of decision to increase its request for veterans great prosperity is to turn our backs on those $19 billion for medical care and treatment, an medical care by $1 billion for fiscal year 2000. who have been left out of the economic main- increase of $1.7 billion in funds with an addi- That said, I am going to reject this proposal stream. Our great country is experiencing an tional $608 million to be collected from the for VA±HUD appropriations. It goes further in economic boom the likes of which we haven't Medical Care Collections Fund, totaling $19.6 meeting some of the challenges faced by the seen in a generation. But it would be a grave billion. The funding increased in this legislation VA health care system, but it does not go far mistake to forget that too many people have is a sign of this Congress' commitment to enough. not been included in this financial good for- keep its word. Although the add-on of $700 million the Re- tune. It is times like this when it becomes Mr. Chairman, while we must honor our publicans are now supporting sounds substan- more important than ever to help those who promises to veterans, we must also keep tial, it still fails to meet the needs we have are most in need. The legislation before us those promises we have made to all Ameri- heard from VA officials both on and off-the- would make huge cuts to the Housing and cans. This legislation may keep its word to record. Unfortunately the Republican majority Urban Development budget, which would veterans but it breaks it promise to many more of the Committee on Rules failed to protect drastically affect much needed housing, job Americans: education, science, housing and under the rule to consider the Edwards-Evans- creation and economic development programs environmental protection programs are being Stabenow amendment to the measure before that play a vital role serving distressed com- stripped of the funds necessary to assure do- us which Republicans passed on a party-line munities. mestic security. vote. The Edwards-Evans-Stabenow amend- In Colorado, passage of this bill would result This legislation fails to meet the request for ment would have more than doubled the addi- in a loss of more than $16 million HUD dollars housing programs by $982 million and se- tional funds the appropriators added for the at a time when affordable housing is becoming verely limits the ability of HUD to provide as- veterans' health care system. I regret that our increasingly out of reach for more and more sistance to homeless families. This legislation efforts to delay a cut in the capital gains tax people. In my district alone, approximately $5 reduces Community Development Block for one year will mean that veterans may not million would be lost, depriving my constitu- Grants by 6% and cuts ``Brownfields'' clean up receive the VA health care that they need and ents of almost 300 jobs. This loss of funds by 20%. These are programs that are nec- the level of service that they deserve. would deny hundreds of low-income families essary for the health and welfare of our com- Many VA leaders would confess that these affordable housing, and would take away munities. This bill also eliminates Americorps, funds would have offered welcome relief to a housing assistance for over 75 families and/or reduces funding for the National Science system now overwhelmed by veterans' new individuals who are homeless or have AIDS. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7909

These cuts are not something that people in WALSH, and the gentleman from Florida, Mr. ment block grants, and brownfields cleanup my district can afford, nor can individuals or YOUNG, for addressing some of the Science and development. Section 8 housing receives families in cities and counties across the coun- Committee's concerns during consideration of only a minor increase and does not include try. A booming economy and demand for the bill at full Committee. The restoration of funding for any new vouchers. My district homes has made the affordable housing mar- $400 million in the full Appropriations Com- alone will lose 475 housing units for low-in- ket extremely tight in my district, throughout mittee to space science was a good first step. come families, as well as 276 jobs. On top of the State of Colorado and across the country. We've come a long way since the President's these cuts, this bill steals $3.5 billion from the Even in the midst of great prosperity, worst- FY 1997 budget request, which presented the Labor-HHS appropriations bill. Mr. Chairman, case housing situations are nearing an all-time space community with the prospects of a 25% we are playing with fire here. If this bill high. cut. That progress should not blind us to the passes, the good that will come from the in- It should come as no surprise to any of us importance of ensuring a healthy budget for crease to veterans' medical care will be that even with today's economy there are space science. I look forward to working with drowned out by the number of people who pockets of deep poverty throughout this coun- the appropriators over the coming months to lose their housing because this Congress de- try where people are suffering as much as try and restore the remaining shortfalls. cided not to fund these critical programs. I they ever have. This is not time to abandon The International Space Station also de- urge a no vote on final passage of this bill. them. Cutting Section 8 vouchers, funding for mands our attention. We need to reverse the Mr. WALSH. Mr. Chairman, I yield Community Development Block Grants, the bill's proposed $100 million reduction to this back the balance of my time. HOME Investment Partnerships program and vital program. While I share the appropriators' The CHAIRMAN pro tempore. All HOPE VI grants is absolutely the wrong direc- frustration with the Administration's manage- time has now expired for general de- tion to be going in right now. These cuts will ment of this program, this cut could prove bate. harm our most vulnerable populations and we penny-wise and pound-foolish. need to use our vote today to prevent this Pursuant to the rule, the bill shall be Following continuous pressure from the considered for amendment under the 5- from happening. Science Committee, the President has now Mr. SENSENBRENNER. Mr. Chairman, I minute rule. decided to seek funding for a U.S.-built inde- Before consideration of any other rise today to discuss H.R. 2684, the Veterans pendent propulsion module. Cuts to the Space Affairs, Housing and Urban Development and amendment, it shall be in order to con- Station threaten this independent propulsion Independent Agencies Appropriations Act of sider the amendment printed in House capability and could lengthen our dependence 1999. This bill contains funding for the science Report 106–292. That amendment may on the Russians, creating even bigger budget programs of the National Science Foundation be offered only by a Member designated problems in the future. (NSF), National Aeronautics and Space Ad- in the report, shall be considered read, We also need to reverse the cuts to the ministration (NASA) and the Environmental may amend portions of the bill not yet Shuttle program. Over the last five years, Protection Agency (EPA). read for amendment, shall be debatable NASA and the United Space Alliance have Last year, the Science Committee passed for the time specified in the report, done an excellent job of making the Shuttle the National Science Foundation Authorization equally divided and controlled by the lean and mean, but you can only go so far. Act of 1999, now Public Law 105±207. This proponent and an opponent, and shall Cutting the Shuttle budget further may affect was a multi-year authorization for NSF and not be subject to amendment. safety. So, I want to express my willingness to provided funding and programmatic direction During consideration of the bill for continue working with the appropriators now for NSF for fiscal years 1998 through 2000. further amendment, the Chair may ac- and in the coming months to ensure that the H.R. 2684 provides $3.6 billion in funding cord priority in recognition to a Mem- Shuttle, Space Station and Space Science are for NSF for FY 2000. This is below both the ber offering an amendment that he has fully funded. level authorized in Public Law 105±207, and printed in the designated place in the Earlier this year, the House passed H.R. the level enacted for FY 1999. NSF is our Na- CONGRESSIONAL RECORD. Those amend- 1654, the NASA Authorization Act of 1999. tion's premier federal basic research agency, ments will be considered read. That bill made low-cost access to space a and I believe its funding should be increasing, The chairman of the Committee of not decreasing. I look forward to working with higher priority by increasing funding for ad- vanced space transportation. The Cox Com- the Whole may postpone a request for a my colleagues on the Appropriations Com- recorded vote on any amendment and mittee during conference to correct this fund- mittee reaffirmed that reliable, low-cost access to space was vital to U.S. national security, may reduce to a minimum of 5 minutes ing shortfall. the time for voting on any postponed One priority within NSF is basic information scientific, and commercial interests. I would hope that the final appropriations bill will be question that immediately follows an- technology (IT) research as outlined in H.R. other vote, provided that the time for 2086, the Networking and Information Tech- able to address this long-term need. I would also like to note the EPA budget in voting on the first question shall be a nology Research and Development Act minimum of 15 minutes. (NITRD). NITRD is a long-term authorization H.R. 2684. The appropriators have provided EPA with $7.3 billion in FY 2000. This is $105 Mr. WALSH. Mr. Chairman, I ask for basic IT research introduced by a bipar- unanimous consent that the gentleman tisan coalition of members from the Committee million over the President's request. EPA's from California (Mr. FILNER) be al- on Science. Science and Technology account is funded at lowed to offer an amendment identified Fundamental IT research has played an es- $645 million, an increase of $2.5 million over as Filner No. 1 which is at the desk at sential role in fueling the information revolution the President's request. any point during the reading of the bill and creating new industries and millions of Finally, I want to take a moment to remem- for amendment. new, high-paying jobs. Maintaining the Na- ber the former distinguished Chairman of the tion's global leadership in IT will require keep- Committee on Science, Representative The CHAIRMAN pro tempore. Is ing open the pipeline of new ideas, tech- George Brown. George was a colleague and there objection to the request of the nologies, and innovations that flow from basic a friend and he recognized how critical gentleman from New York? research. Although the private sector provides science and technology were to the future of There was no objection. most IT research funding, it tends to focus on this country. While George and I differed on a The CHAIRMAN pro tempore. The short-term, applied work. The federal govern- number of policy issues, he always had the Clerk will read. ment, therefore, has a critical role to play in best interest of science in his heart. Let us The Clerk read as follows: supporting the long-term, basic research the honor his memory by working to ensure that Be it enacted by the Senate and House of Rep- private sector requires but is ill-suited to pur- science in America continues to move forward resentatives of the United States of America in sue. into the 21st Century. Congress assembled, That the following sums H.R. 2684 appropriates $35 million of new Mr. MCGOVERN. Mr. Chairman, I rise today are appropriated, out of any money in the money specifically for NITRD. I appreciate the in opposition to the FY 2000 VA/HUD appro- Treasury not otherwise appropriated, for the Departments of Veterans Affairs and Hous- Appropriations Committee's initial support for priations bill. While I support the increases for ing and Urban Development, and for sundry what promises to be an important long-term veterans' medical care, this bill does more independent agencies, boards, commissions, research effort. harm than good and should be defeated. This corporations, and offices for the fiscal year As for the space program, I want to first bill cuts vital programs like Housing Opportuni- ending September 30, 2000, and for other pur- thank the gentleman from New York, Mr. ties for People with AIDS, community develop- poses, namely: H7910 CONGRESSIONAL RECORD — HOUSE September 8, 1999 TITLE I—DEPARTMENT OF VETERANS ics and other clinics. It would have Mr. CUNNINGHAM. Mr. Chairman, I AFFAIRS helped veterans obtain much needed yield myself such time as I may con- VETERANS BENEFITS ADMINISTRATION medical supplies, such as wheelchairs, sume. COMPENSATION AND PENSIONS oxygen tanks, hearing aids and eye- Mr. Chairman, again I would like to (INCLUDING TRANSFERS OF FUNDS) glasses, on a more timely basis. Addi- thank the gentleman from New York For the payment of compensation benefits tional funds would help VA face the (Chairman WALSH). The gentleman has to or on behalf of veterans and a pilot pro- emerging public health crisis of hepa- had a difficult time finding different gram for disability examinations as author- titis C by adding funds to overextended offsets for different programs. Al- ized by law (38 U.S.C. 107, chapters 11, 13, 18, pharmaceutical budgets. It would have though we operate under a balanced 51, 53, 55, and 61); pension benefits to or on assisted VA to restore some of the sig- budget and we feel for our children and behalf of veterans as authorized by law (38 nificant reductions that have been grandchildren, it is best in the long run U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. made in mental health services as well. to go through this process. 2508); and burial benefits, emergency and The amendment that I have restores other officers’ retirement pay, adjusted-serv- It would have helped facilities meet ice credits and certificates, payment of pre- the overwhelming need for long-term the funding for the Selective Service miums due on commercial life insurance healthcare that our aging World War II program. We have done so with the policies guaranteed under the provisions of veterans are now facing. support of the committee staff in going Article IV of the Soldiers’ and Sailors’ Civil Mr. Chairman, I urge my colleagues through what those offsets are. Each Relief Act of 1940, as amended, and for other to join me in support of our Nation’s program is minimally impacted to the benefits as authorized by law (38 U.S.C. 107, veterans by opposing this measure. point that it does not affect their oper- 1312, 1977, and 2106, chapters 23, 51, 53, 55, and The CHAIRMAN pro tempore (Mr. ation. 61; 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 45 I would like to thank both sides of Stat. 735; 76 Stat. 1198), $21,568,364,000, to re- BARRETT of Nebraska). It is now in main available until expended: Provided, order to consider the amendment print- the aisle for the bipartisan support. That not to exceed $17,932,000 of the amount ed in the report of the Committee on The Secretary of Defense, Secretary appropriated shall be reimbursed to ‘‘General Rules. Cohen, the Chairman of the Joint operating expenses’’ and ‘‘Medical care’’ for AMENDMENT OFFERED BY MR. CUNNINGHAM Chiefs of staff, and all the service necessary expenses in implementing those Mr. CUNNINGHAM. Mr. Chairman, I chiefs, along with all veterans groups, provisions authorized in the Omnibus Budget support this amendment to restore the Reconciliation Act of 1990, and in the Vet- offer an amendment. The CHAIRMAN pro tempore. The Selective Service System. erans’ Benefits Act of 1992 (38 U.S.C. chapters It is time-proven. Since World War I, 51, 53, and 55), the funding source for which Clerk will designate the amendment. we have had a strange dichotomy that is specifically provided as the ‘‘Compensa- The text of the amendment is as fol- tion and pensions’’ appropriation: Provided lows: our men and women fight our wars, and then we scale down. Then we have had further, That such sums as may be earned on Amendment printed in House Report 106– an actual qualifying patient basis, shall be to gear up, with dissipating effect. 292 offered by Mr. CUNNINGHAM: reimbursed to ‘‘Medical facilities revolving Under the heading ‘‘HOME INVESTMENT Active duty and reserves make up fund’’ to augment the funding of individual PARTNERSHIPS PROGRAM’’, insert after the the primary source of our Nation’s medical facilities for nursing home care pro- first dollar amount the following: ‘‘(reduced military. Selective Service is a third vided to pensioners as authorized. by $1,000,000)’’. tier to prepare our sources and our Mr. EVANS. Mr. Chairman, I move to Under the heading ‘‘CHEMICAL SAFETY AND military to gear up in time of national strike the last word. HAZARD INVESTIGATION BOARD—SALARIES AND emergency. The words ‘‘Selective Serv- Mr. Chairman, many of us have EXPENSES’’, insert after the dollar amount ice,’’ for example, if we have a nuclear, worked hard to improve funding for the following: ‘‘(reduced by $1,500,000)’’. chemical or biological attack similar veterans health care, the hallmark in Under the heading ‘‘ENVIRONMENTAL PRO- TECTION AGENCY—SCIENCE AND TECHNOLOGY’’, to those that they have had in Japan this Congress. insert after the second dollar amount the fol- and other countries, which, in my opin- b 1400 lowing: ‘‘(reduced by $5,000,000)’’. ion is imminent, then the President Under the heading ‘‘EMERGENCY MANAGE- can designate those healthcare work- I want to thank Members on both MENT PLANNING AND ASSISTANCE’’, insert after ers, and that list would be used for sides of the aisle for their efforts in both dollar amounts the following: ‘‘(reduced those specifics. this regard. We began the budget proc- by $5,000,000)’’. With that, I rise in support of this ess with a funding proposal from the Under the heading ‘‘EMERGENCY FOOD AND amendment. SHELTER PROGRAM’’, insert after the dollar administration that was totally inad- Mr. Chairman, I reserve the balance equate. The $700 million add-on that amount the following: ‘‘(reduced by $5,000,000)’’. of my time. the Republicans are now supporting Strike the item relating to the ‘‘SELECTIVE The CHAIRMAN pro tempore. Is sounds substantial, but it fails to meet SERVICE SYSTEM’’ and insert the following: there a Member in opposition to the the needs expressed by VA officials, SELECTIVE SERVICE SYSTEM amendment? both on and off the record. SALARIES AND EXPENSES Mr. MOLLOHAN. Mr. Chairman, I For this reason, I am going to reject rise in opposition to the amendment. this proposal for VA–HUD appropria- For necessary expenses of the Selective Service System, including expenses of at- The CHAIRMAN pro tempore. The tions. It goes farther in meeting some tendance at meetings and of training for uni- gentleman from West Virginia (Mr. of the challenges faced by the VA formed personnel assigned to the Selective MOLLOHAN) is recognized for 10 min- healthcare system, but not far enough. Service System, as authorized by 5 U.S.C. utes. Unfortunately, the Republican ma- 4101–4118 for civilian employees; and not to Mr. MOLLOHAN. Mr. Chairman, I jority on the Committee on Rules exceed $1,000 for official reception and rep- yield myself such time as I may con- failed to protect the Edwards–Evans- resentation expenses, $24,500,000: Provided, sume. Stabenow amendment under the rule. That during the current fiscal year, the Mr. Chairman, I rise in opposition to The Edwards amendment would have President may exempt this appropriation the gentleman’s amendment, not be- from the provisions of 31 U.S.C. 1341, when- more than doubled the additional funds ever he deems such action to be necessary in cause I so much disagree with him as the appropriators added to the VA the interest of national defense: Provided fur- to the merits of the Selective Service healthcare system. Many VA leaders ther, That none of the funds appropriated by system, but because I have great con- have agreed that these funds would this Act may be expended for or in connec- cerns about the programs that will be have offered welcome relief to an over- tion with induction of any person into the cut to achieve this increase. The Selec- whelmed VA hospital system facing Armed Forces of the United States. tive Service has the responsibility of growing pains. These additional funds The CHAIRMAN pro tempore. Pursu- ensuring the peacetime registration of would have expanded access to vet- ant to House Resolution 275, the gen- young men to provide insurance that erans not previously able to use VA tleman from California (Mr. the armed forces manpower needs will hospital care. CUNNINGHAM) and a Member opposed be met should a crisis occur. Just as The VA could have eliminated seri- each will control 10 minutes. importantly, the Selective Service ous problems with waiting times that The Chair recognizes the gentleman agency also preserves the capability of confront veterans in primary care clin- from California (Mr. CUNNINGHAM). conducting a draft of doctors or nurses September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7911 or medical technicians should their ex- potential offsets and tried to minimize. fense of the country in a situation like pertise be required in a war with mass For example, the FEMA funding of $5 that or any other. casualties, or in any action with mass million, the most it has ever been fund- So I think this is the time in our his- casualties. ed is $10 million each year. This year it tory when we should use these funds to All that being said, Mr. Chairman, I still leaves $105 million, still an in- take care of the needs of the people of must oppose the gentleman’s amend- crease, but reduces it $5 million. It is the country and stop paying to moth- ment due to its offsets. First, what still more than the actual request. ball this program. may seem to be a small and innocuous The $1.5 million from the chemical Mr. MOLLOHAN. Mr. Chairman, I $5 million cut to FEMA’s emergency safety board, the board was funded at yield the balance of my time to the management planning and assistance $9 million. OMB only requested $7.5. So gentleman from Texas (Mr. PAUL). account will require reductions in re- this falls at level funding. The $5 mil- The CHAIRMAN pro tempore. The sponse and recovery, emergency pre- lion for EPA science and technology gentleman from Texas is recognized for paredness, fire prevention and impor- leaves $640 million left in that par- 5 minutes. tant technology development. ticular account. We feel that the def- Mr. PAUL. Mr. Chairman, I thank Likewise, my friend from California icit or lack of national security over- the gentleman for yielding me time. proposes to take $5 million from the rides the small offsets that we have in Mr. Chairman, I appreciate very emergency food and shelter program. this particular bill. much this opportunity to address this The emergency food and shelter pro- I would also say to the gentleman, amendment. I rise in strong opposition gram, Mr. Chairman, is already se- this gentleman is not hard on any one to this amendment. I compliment the verely strained, and such a cut would of these cuts. In conference I would be chairman of the subcommittee, the result in the following needs going happy to work with the gentleman in gentleman from New York (Mr. unmet: the reduction in different areas. To me WALSH), for deleting these funds, in Just over 1 million fewer meals the reduction areas are not as impor- this bill. would be served at soup kitchens tant as saving Selective Service. This to me is a heroic step in the across this country with that cut; Mr. Chairman, I reserve the balance right direction. We have an agency of there would be 168,000 fewer bed nights of my time. Government spending more than $24 at shelters and 23,000 fewer bed nights Mr. MOLLOHAN. Mr. Chairman, I million a year accomplishing nothing. through short-term vouchers at hotels; yield such time as he may consume to We live in an age when we do not need and over 7,000 evictions would not be the gentleman from New York (Mr. a draft. We live in an age of technology prevented if the gentleman’s amend- WALSH), the chairman of the sub- that makes the draft obsolete. Not ment were adopted and these offsets committee. only is it unnecessarily militarily to imposed. Mr. WALSH. Mr. Chairman, I thank Mr. Chairman, these are very real have a draft, it is budgetarily not wise the gentleman for yielding me time. to spend this type of money. consequences that will be felt by very Mr. Chairman, I rise in opposition to real people who happen to be in the More importantly, I rise in strong ob- the amendment proposed by my good jection on moral principles that the greatest need in our country. friend and colleague, the gentleman That is not the whole story. This draft is wrong. In most of our history from California (Mr. CUNNINGHAM). amendment would take $1.5 million we did not have a draft. The gentleman Mr. Chairman, in the discussion from the Chemical Safety and Hazard from California early on pointed out about Selective Service, a good deal Investigation Board. This agency re- that essentially since World War I we has been said about the fact that mili- ceived its first year of funding just a have had a draft, and that is true. tary enlistment is dropping and, there- few years ago and is already overbur- Since in this century we have seen a di- fore, the need for Selective Service is dened. In fact, I received a letter in minished respect for personal liberty greater. But the fact is in the economy late March from the Chairman of the with the growth of the state we have we currently have in a country where Chemical Safety Board stating that the seen much more willingness to accept there is relatively low unemployment board does not have the resources to the idea that young men belong to the and high paying job opportunities, undertake further investigations this state. year. The 16 percent cut envisioned by young men do not want to go in the That is what the registration is all the gentleman’s amendment would en- military service because of the low pay about. I have a young grandson that sure that this agency will not be able and low standard of living that has had to register not too long ago, and he to meet the demands that it faces to been associated with the military in came to me and said, You know, ‘‘they fulfill its mission. the recent past. That is something that sent me a notice that I better go reg- Finally, Mr. Chairman, this amend- Selective Service does not address, but ister. Why do I have to register, if they ment will take $5 million from EPA’s it is something that the Congress is ad- already know where I am and how old science and technology account. Many dressing and should address in terms of I am?’’ That is the case. The purpose of of my colleagues know of my own per- making sure the members of the mili- registration is nothing more than put- sonal differences with EPA on many tary are well paid for the dangerous job ting an emphasis on the fact that the policy issues, but never on the need for that they do. state owns all 18-year-olds. sound science. At a time when there is This is a matter of funds. We have a The unfortunate part about a draft is a debate on global climate change, ar- very difficult allocation, and we are that too often draftees are used in wars guably one of the biggest scientific talking about providing, or, if we honor that are not legitimate. This is so challenges ever faced by this agency, the gentleman’s request here, we would often the case. If this country faced an we need sound science now more than have to come up with $25 million basi- attack, we should have volunteers. We ever. cally for a mothballed program that is should all volunteer. But, unfortu- While I recognize the importance of not delivering at the current time any nately, the generation of politicians the Selective Service system and do services to us. At a time when we have who declare the wars too often never hope that we can restore funding in such difficult budget constraints, it serve. Some of them have not even conference or as this process moves for- does not make sense to mothball a pro- served in the past. But they are willing ward, I cannot support doing so here gram that we can deal with in the to start wars that are not legitimate, with these offsets. Therefore, I would eventuality that there is the need to and yet they depend on the draft. They ask my colleagues to oppose the gen- find people to serve our country. depend on the draft for the men to go tleman’s amendment. The Congress spent months debating out and fight and die. Mr. Chairman, I reserve the balance whether or not to go into Kosovo, and The one really strong reason we of my time. there would have been more than ade- should all reject the idea of the draft is Mr. CUNNINGHAM. Mr. Chairman, I quate time to go out and find the addi- it is so unfair. yield myself such time as I may con- tional men, and we have not discussed b sume. women in the sense of Selective Serv- 1415 Mr. Chairman, we thought very care- ice, but go out certainly to find men Let us say an argument is made that fully when we went through the list on and women to provide service in de- it is necessary. I happen to believe it is H7912 CONGRESSIONAL RECORD — HOUSE September 8, 1999 never necessary to violate somebody’s York (Chairman WALSH). I know what United States, in the history of the liberty, but let us say there is a sincere a difficult time he has had. We happen world, there has been conflict. Is there belief that it is necessary to impose a to disagree on this issue; not only my- any Member here in this body that draft. self, but take a look at the supporters says that we will not be in another con- There is no such thing as a fair draft. we have on this particular amendment. flict in the next year? And with the This is why the sixties were in such The chairman of the Joint Chiefs dis- threats out there that we have, we dare turmoil in this country, because the agreed with the last speaker. The Sec- not not support this particular amend- elite frequently evaded the draft. If retary of Defense disagrees strongly ment. they are smart enough to get a with the last speaker, as does the gen- Mr. PAUL. Mr. Chairman, will the deferment, they got off. Who suffers tleman from South Carolina (Mr. gentleman yield? from the draft? The poor and the less SPENCE), chairman of the defense au- Mr. CUNNINGHAM. I yield to the educated, the inner city teenagers. thorization committee, and the gen- gentleman from Texas. They end up getting the draft, and they tleman from California (Mr. LEWIS), Mr. PAUL. Mr. Chairman, I thank do not get the deferments. They cannot chairman of the Subcommittee on De- the gentleman for yielding to me. avoid it. fense of the Committee on Appropria- The gentleman has called attention It is very important that we consider tions. The gentleman from Pennsyl- to my voting record. I would say that if not only this vote on fiscal reasons and vania (Mr. MURTHA), ranking member I could show the gentleman that I where we are taking the money. Quite on the Subcommittee on Defense, op- voted 100 percent for the Constitution, frankly, I would much rather see this poses it. would the gentleman still complain money stay in the programs where, as The gentleman from Florida (Mr. about my voting record being 90 per- a fiscal conservative, I would not have YOUNG), the chairman of the Com- cent, 99 percent in opposition? Being otherwise voted for those funds nay. mittee on Appropriations, opposes, for liberty is not a negative position. But any funding of that sort is so much which is very difficult, opposes his sub- Mr. CUNNINGHAM. Mr. Chairman, I better on principle than voting to per- committee chairman on this particular reclaim the balance of my time. I said petuate a system that has no purpose issue; not the bill, but on this par- the gentleman has the right to do so other than to conscript. ticular issue. very much. I respect that. I just hap- Conscription is not part of the Amer- Also, the gentleman from Indiana pen to disagree with the gentleman on ican dream. It is not part of the Amer- (Mr. BUYER), chairman of the Sub- this particular amendment. Mr. Chair- ican philosophy. It is not part of lib- committee on Military Personnel; the man, to seek compliance in this, we are erty. It is a totalitarian notion. Con- gentleman from Virginia (Mr. MORAN), trying to let the potential registrars gress has the authority to raise an the gentleman from Texas (Mr. ORTIZ), know what their requirement is so army, but it does not have the con- and the gentlewoman from Florida they do not break the law. stitutional authority to enslave a cer- (Mrs. MEEK) opposes, and I could go President Carter in 1980 asked Con- tain group to bear the brunt of the right on down the line with the bipar- gress if we would allow women to reg- fighting. A society that cherishes lib- tisan support. ister. The Supreme Court found that erty will easily find its volunteer de- This is a controversial issue. This is Congress could restrict that because at fenders if it is attacked. A free society the first time this has been debated. that time we did not have women in that cannot find those willing to de- My colleague, the gentleman from combat. fend itself without coercion cannot sur- Texas (Mr. PAUL) has a full right to be- This issue has been debated five vive, and probably does not deserve to. lieve like he does. The independent times, Mr. Chairman. Each time we A free society that depends on the vi- view, however, is not the view, and the have restored the Selective Service. We cious totalitarian principle of conscrip- will restore it today, I am sure. I would tion is, by its very nature, no longer gentleman votes 99 percent against ev- also tell my colleagues who are op- free. erything on the House floor. I expected We gradually lost our love for indi- no less. I would almost let him speak posed to this that in conference we will vidual liberty throughout the 20th cen- more because I think he makes our be happy to work off the different dol- tury as the people and the Congresses case. lars in funding out of the different capitulated to the notion of the mili- This is a time-proven event. If we areas. tary draft. The vote on the Selective have a chemical or biological weapons I am not hard and fast on any of the Service System funding will determine attack on the United States, with the offsets. The more important factor to whether or not we are willing to take a selective service the President des- us is the reselection and readministra- very welcome, positive step in the di- ignates those health care workers, and tion of the Selective Service System. rection of more liberty by rejecting the then the Selective Service System Mr. UDALL of New Mexico. Mr. Chairman, appropriations for the Selective Serv- would go in and select those people as a former local draft board member, I rise in ice System. that are necessary to protect American strong support of the amendment offered by There is no other vote that a Member citizens. Any delay in that would be my colleague from California. The most impor- of Congress can cast that defines one’s foolhardy and would be very, very dan- tant decision Congress and the President can belief and understanding regarding the gerous. The GAO said if we cut this make is to send our young men and women principle of personal liberty than a program it would take up to an entire to war. An all-volunteer military sometimes vote supporting or rejecting the draft. year to establish a system. makes it easier for the President to use the This vote gives us a rare opportunity I would tell my friend, the gentleman military forces liberally. The draft and Selective to reverse the trend toward bigger and from Texas (Mr. PAUL), I hope we never Service ensure that we should only go to war more oppressive government. have to go to a subscription program. I when it is of vital concern to our national secu- Yes, preserving liberty is worth hope that that emergency and the con- rity. fighting and even dying for, but con- flict against the United States never At a time when our military services are fail- scription is incompatible with that happens to that point. I do not think it ing to meet recruiting and retention goals, it is goal. We cannot make men free by first will. It could in the future. If that is foolhardy and risky to eliminate the Selective enslaving them and forcing them to necessary, then we have to provide Service SystemÐa proven means of providing sacrifice their lives and liberty for the that backup. Think of the con- personnel to the Armed Forces during times of policies conceived by misdirected poli- sequences if we do not. Millions of peo- emergency. The men and women of our all- ticians and international warmongers. ple, American citizens, their lives volunteer armed forces have performed su- Mr. CUNNINGHAM. Mr. Chairman, I would be lost. perbly since its inception. The all-volunteer yield myself the balance of my time. This is a better insurance policy than force is a strong force, but it is also a fragile The CHAIRMAN pro tempore (Mr. we can have in almost any bill that we force. It relies on recruiting and retaining qual- BARRETT of Nebraska). The gentleman vote on. It is very important. It is the ity people. Our armed forces have been re- from California (Mr. CUNNINGHAM) is third tier to our active duty and our duced to the point where the military struggles recognized for 7 minutes. reservists. to meet all the commitments we place on it. It Mr. CUNNINGHAM. Mr. Chairman, Peace and freedom is elusive. It is should be noted that during the recent air war again I thank the gentleman from New very fragile. In the history of the in Kosovo, the Air Force announced a ``stop September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7913 loss'' policy, which suspended normal separa- Mr. Chairman, I urge my colleagues to re- selective service, instead of vital protection for tions and retirements for men and women in member their Constitutional obligation and the citizens of South Louisiana. critical career fields. Thankfully we did not vote to pass this amendment in order to ade- Mr. CUNNINGHAM. Mr. Chairman, I have a ground war in Kosovo or another crisis quately fund the Selective Service System. ask for a yes vote on the amendment, of similar proportion at the same time. But if Mr. UNDERWOOD. Mr. Chairman, I rise in and I yield back the balance of my we did, I am sure that the Army and Marine support of the Cunningham-Spence amend- time. Corps would likely have been forced to insti- ment which will strike the language included in The CHAIRMAN pro tempore. The tute their own ``stop loss'' policies resulting in this bill to terminate the Selective Service Sys- question is on the amendment offered the possibility of sending soldiers and Marines tem. Despite popular convention that the Se- by the gentleman from California (Mr. with expired enlistment contracts into harms lective Service System is an anachronistic CUNNINGHAM). way. vestige of days long gone, the fact remains The question was taken; and the The all-volunteer force has not been tested that our nation requires an insurance policy in Chairman pro tempore announced that during a conflict with mass casualties. Would case of a national crisis. The Selective Service the noes appeared to have it. young men and women continue to volunteer would provide manpower to the military by Mr. CUNNINGHAM. Mr. Chairman, I in the numbers required for the armed forces conducting a draft using a list of young men's demand a recorded vote. The CHAIRMAN pro tempore. Pursu- if the war in Kosovo produced significant cas- names gathered through the Selective Service ant to House Resolution 275, further ualties? What if the peacekeeping force suf- registration process. This process has stood proceedings on the amendment offered fers significant casualties? Hopefully they will the test of time and has proved its worth in by the gentleman from California (Mr. continue to volunteer, but the Selective Serv- times of emergency. And while the Selective CUNNINGHAM) will be postponed. ice System is our nation's insurance policy for Service System has been portrayed by some our national defense. The Clerk will read. as an anachronistic vestige of a bygone era, The Clerk read as follows: Some people may say that the Selective the fact remains that it is a necessary compo- READJUSTMENT BENEFITS Service System is obsolete and may not pro- nent for the defense of our nation. Admittedly, vide the type of individuals required for our hi- For the payment of readjustment and reha- the professionalization of the military has in bilitation benefits to or on behalf of veterans tech armed forces. But the Selective Service some cases obviated the need to have a na- System provides a means to draft people with as authorized by 38 U.S.C. chapters 21, 30, 31, tional registration system. However, should 34, 35, 36, 39, 51, 53, 55, and 61, $1,469,000,000, to critical skillsÐsuch as doctors, nurses and there ever be another global calamity such as remain available until expended: Provided, other health care personnel, and in the future the kind that occurred twice in this century, That funds shall be available to pay any individuals such as computer technicians may with the Selective Service System, our govern- court order, court award or any compromise be needed by our military to combat cyber- ment would have the ready infrastructure in settlement arising from litigation involving warfare. place to provide the necessary personnel re- the vocational training program authorized Providing for a strong national defense is by section 18 of Public Law 98–77, as amend- sources to defend liberty. This safety net is one of Congress' most important responsibil- ed. provided at minimal cost to the taxpayer and ities. The Selective Service System is part of AMENDMENT OFFERED BY MR. FILNER is well worth the investment. I urge all my col- our national defense strategy and I strongly Mr. FILNER. Mr. Chairman, I offer leagues to vote for the Cunningham/Spence urge all my colleagues to vote ``yes'' on the an amendment. Amendment and restore the President's rec- Cunningham amendment. The Clerk read as follows: Mr. BUYER. Mr. Chairman, I rise in full sup- ommendation to fund the Selective Service Amendment offered by Mr. FILNER: port of this amendment and urge my col- System. In title I, in the item relating to ‘‘VET- leagues to support its passage. Mr. VITTER. Mr. Speaker, today, I reluc- ERANS BENEFITS ADMINISTRATION—READJUST- In the post Cold War environment, the Se- tantly rise in opposition to the Cunningham- MENT BENEFITS’’, insert at the end the fol- Spence-Buyer-Moran-Ortiz amendment to the lowing: lective Service System represents a ``national In addition, for ‘‘Readjustment Benefits’’, security insurance policy'' in a very volatile Veterans/Housing and Urban Development Appropriations bill for FY 00, H.R. 2684. While $881,000,000 for enhanced educational assist- and unpredictable world community. Right ance under the Montgomery GI Bill: Pro- now, American service personnel are de- I believe the world remains a dangerous place vided, That the Congress hereby designates ployed in numerous contingency operations and consider the selective service essential to the entire such amount as an emergency re- around the globe. North Korea, Iraq and the ensuring the United States Armed Forces pos- quirement pursuant to section 251(b)(2)(A) of Balkans still exist as potential flash points that sesses adequate manpower for national emer- the Balanced Budget and Emergency Deficit could very easily erupt in the near future. gencies, I cannot support legislation which Control Act of 1985: Provided further, That cuts vital hurricane funding protection and en- such amount shall be available only to the Each would require a sizable force structure. extent of a specific dollar amount for such Simply put, the United States is militarily in- vironmental research for South Louisiana. By striking $5 million from the FEMA Man- purpose that is included in an official budget volved in three potential major theaters of war, request transmitted by the President to the despite having a force structure that is sup- agement and Planning account, the Louisiana Congress and that is designated as an emer- posed to fight and win two near simultaneous coast will be unable to implement a buoy sys- gency requirement pursuant to such section major regional conflicts. This is truly alarming tem to monitor hurricanes as they approach 251(b)(2)(A). given the future uncertainty of military man- our coasts. Furthermore, the FEMA Manage- Mr. FILNER (during the reading). power as a result of the service's recruiting ment and Planning account includes funding Mr. Chairman, I ask unanimous con- and retention problems. The Selective Service to develop a New Orleans hurricane evacu- sent that the amendment be considered System is the primary source of leads for mili- ation plan for a Category 3 or greater storm. as read and printed in the RECORD. tary recruiters when prospecting for can- Surely, providing $1 million to take steps to- The CHAIRMAN pro tempore. Is didates to join the all-volunteer force. ward implementing an evacuation plan for there objection to the request of the Equally important, registration represents New Orleans is a small price to pay both in gentleman from California? one of the few remaining obligations our na- terms of lives and money. There was no objection. tion requires of its young men. In the nation's In addition to the hurricane funding cuts, Mr. WALSH. Mr. Chairman, I reserve changing cultural environment that places Congressman CUNNINGHAM's amendment a point of order against the amend- more emphasis on receiving benefits, than on would threaten to cut $1 million in funding ment. service to one's country, elimination of this from the University of New Orleans Urban The CHAIRMAN pro tempore. The program will further erode the consciousness Waste Management Center's budget. The point of order is reserved. of the populace about military service and its UNO Urban Waste Management Center not Mr. FILNER. Mr. Chairman, I thank obligation to defend our country. only identifies the economic impact and bene- the chairman for his courtesy in mak- Finally, let me remind this chamber of its fits associated with various recycling pro- ing a unanimous consent request ear- Constitutional obligation. Article 1, Section 8 of grams, but it also provides additional edu- lier in the day for another amendment the Constitution states ``that Congress shall cational institutions and national government which I will offer later, under our have the power to . . . raise and support Ar- agencies important waste management assist- rules. mies, . . . to provide and maintain a Navy, ance. Mr. Chairman, I will be offering a se- . . . and to provide for organizing, arming and In a $92 billion appropriations bill, it is unfor- ries of amendments to increase funding disciplining the Militia.'' I believe the Selective tunate that we have not learned our lesson under Title I for the Veterans Adminis- Service System is the foundation of this obli- from previous hurricane tragedies and tar- tration. I do this because I believe this gation. geted superfluous spending to continue the budget is drastically underfunded. H7914 CONGRESSIONAL RECORD — HOUSE September 8, 1999 From my personal relationships with tleman from San Diego, said earlier, priation as ‘‘emergency spending’’ the chairman, the gentleman from New that we should be meeting our needs of within the meaning of the budget-en- York (Mr. WALSH), the ranking mem- our veterans but we cannot because we forcement laws constitutes legislation ber, the gentleman from West Virginia have this Balanced Budget Act of 1997. in violation of clause 2(b) of rule XXI. (Mr. MOLLOHAN), I know these gentle- We should not allow something that The point of order is sustained. The men are strongly in support of our vet- Congress passed to prevent us from amendment is not in order. erans throughout the Nation. doing the right thing now, when the The Clerk will read. They were given certain rules under situation has changed. The Clerk read as follows: which they had to operate. They, as the They see a surplus of, depending on VETERANS INSURANCE AND INDEMNITIES chairman points out, many times how we look at it, $1 trillion, $3 tril- For military and naval insurance, national added a significant amount of money lion. They say, why can we not have service life insurance, servicemen’s indem- to the baseline budget. They wish they the $3 billion necessary to increase our nities, service-disabled veterans insurance, could add more. I wish I could add health care and our benefit situation? and veterans mortgage life insurance as au- thorized by 38 U.S.C. chapter 19; 70 Stat. 887; more. I have a series of amendments to b 1430 make that wish come true. 72 Stat. 487, $28,670,000, to remain available Mr. Chairman, we all know that the So, Mr. Chairman, this amendment until expended. veterans of this Nation got together under consideration at the present VETERANS HOUSING BENEFIT PROGRAM FUND early in our budget process and put to- time asks for $881 million to enhance PROGRAM ACCOUNT gether what they called an independent the Montgomery G.I. bill. This pro- (INCLUDING TRANSFER OF FUNDS) budget, a budget that called for about gram was named after one of our most For the cost of direct and guaranteed $3 billion more than the baseline for legendary Members who retired a cou- loans, such sums as may be necessary to this year. That was a budget created by ple of years ago, Sonny Montgomery, carry out the program, as authorized by 38 veterans for veterans. It was a very re- from Mississippi. He suggested this U.S.C. chapter 37, as amended: Provided, That such costs, including the cost of modifying sponsible, professional job. program. It is time that we made it clear that the modern member of the such loans, shall be as defined in section 502 The Democrats on the Committee on of the Congressional Budget Act of 1974, as Veterans Affairs tried to offer that Armed Services needs an increased amended: Provided further, That during fiscal budget in our authorizing committee benefit if he is going to take advantage year 2000, within the resources available, not as instructions to the Committee on of this benefit. to exceed $300,000 in gross obligations for di- the Budget. We were not allowed by the POINT OF ORDER rect loans are authorized for specially adapt- majority in this Congress, the majority Mr. WALSH. Mr. Chairman, I make a ed housing loans. in that committee, to offer that point of order against the amendment. In addition, for administrative expenses to The CHAIRMAN pro tempore (Mr. carry out the direct and guaranteed loan amendment. They made the case that programs, $156,958,000, which may be trans- $3 billion must be added to this budget. BARRETT of Nebraska). The gentleman ferred to and merged with the appropriation The chairman said that this budget will state his point of order. for ‘‘General operating expenses’’. Mr. WALSH. Mr. Chairman, I make a offers the greatest increase in history EDUCATION LOAN FUND PROGRAM ACCOUNT to the veterans budget. That may be point of order against the amendment (INCLUDING TRANSFER OF FUNDS) true, but that increase, number one, because it proposes to change existing follows years and years of a real de- law and constitutes legislation in an For the cost of direct loans, $1,000, as au- thorized by 38 U.S.C. 3698, as amended: Pro- cline in our budget for veterans, so it appropriations bill and, therefore, vio- vided, That such costs, including the cost of follows probably the greatest decrease lates clause 2 rule XXI. modifying such loans, shall be as defined in ever in the history of our veterans The rule states in pertinent part: section 502 of the Congressional Budget Act budget, and even their increase of $1.5 ‘‘An amendment to a general appro- of 1974, as amended: Provided further, That billion or so is only half of what re- priation bill shall not be in order if these funds are available to subsidize gross sponsible veterans organizations think changing existing law.’’ obligations for the principal amount of di- is the minimum to keep our system The CHAIRMAN pro tempore. Does rect loans not to exceed $3,000. going. the gentleman from California (Mr. In addition, for administrative expenses necessary to carry out the direct loan pro- FILNER) want to reply to the point of Even with this largest increase, as gram, $214,000, which may be transferred to the chairman states, it presupposes, as order? and merged with the appropriation for ‘‘Gen- I think the gentleman knows, and as Mr. FILNER. If I may reply just eral operating expenses’’. briefly, Mr. Chairman. stated in the Republican budget resolu- VOCATIONAL REHABILITATION LOANS PROGRAM tion that was passed by this Congress, Mr. Chairman, I assume that legis- ACCOUNT lating in the appropriations bill refers that that $1.7 billion increase this year (INCLUDING TRANSFER OF FUNDS) to making this an emergency designa- presupposes decreases over the next 10 For the cost of direct loans, $57,000, as au- years adding up to almost $3 billion. tion. I would just point out to the gen- thorized by 38 U.S.C. chapter 31, as amended: If he is right in saying this is the tleman from California (Chairman Provided, That such costs, including the cost largest increase in history, this is 1 WALSH) that is exactly what he would of modifying such loans, shall be as defined year, and we will have larger decreases have asked the Committee on Rules to in section 502 of the Congressional Budget over the next decade. So my amend- support had his subcommittee pre- Act of 1974, as amended: Provided further, ments, Mr. Chairman, are intended to vailed in those considerations for That these funds are available to subsidize redress this balance. emergency designation. gross obligations for the principal amount of I took the idea for this amendment, The CHAIRMAN pro tempore. The direct loans not to exceed $2,531,000. In addition, for administrative expenses that is, to declare this situation an Chair is prepared to rule. necessary to carry out the direct loan pro- emergency and therefore not requiring The Chair finds that a proposal to gram, $415,000, which may be transferred to an offset, I took this idea from the sub- designate an appropriation as ‘‘emer- and merged with the appropriation for ‘‘Gen- committee that has their report before gency spending’’ within the meaning of eral operating expenses’’. us. They brought to their full com- the budget-enforcement laws is fun- NATIVE AMERICAN VETERAN HOUSING LOAN mittee a report that said we must de- damentally legislative in character. It PROGRAM ACCOUNT clare the veterans programs an emer- does not merely make the appropria- (INCLUDING TRANSFER OF FUNDS) gency and ask for about $3 billion. tion. It also characterizes the appro- For administrative expenses to carry out I think they were right. I think their priation otherwise made. The resulting the direct loan program authorized by 38 full committee was wrong in overruling emergency designation alters the ap- U.S.C. chapter 37, subchapter V, as amended, that. My amendment declares the situ- plication of existing law with respect $520,000, which may be transferred to and ation an emergency and asks for an ad- to that appropriation. Thus, the pro- merged with the appropriation for ‘‘General dition of various amounts, according to posal is one to change existing law. operating expenses’’. the amendment I have before us. On these premises, the Chair holds VETERANS HEALTH ADMINISTRATION Veterans in my district in San Diego that the amendment offered by the MEDICAL CARE and across the country cannot under- gentleman from California, by includ- For necessary expenses for the mainte- stand what my colleague, the gen- ing a proposal to designate an appro- nance and operation of hospitals, nursing September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7915 homes, and domiciliary facilities; for fur- But when we come to the poorest of situation in America going into this nishing, as authorized by law, inpatient and the poor, when we come to the severely new century. outpatient care and treatment to bene- distressed, housing needs, we cut them So this Roemer-Sanford amendment ficiaries of the Department of Veterans Af- would shut down the Space Station on fairs, including care and treatment in facili- by $50 million. So this amendment ties not under the jurisdiction of the Depart- would restore some balance and some its own merits or lack of them and re- ment; and furnishing recreational facilities, fairness to that. store $350 million to veterans health, supplies, and equipment; funeral, burial, and Why are we trying to cut the Space $50 million to severely distressed pub- other expenses incidental thereto for bene- Station? The preeminent scientist in lic housing, and $1 billion for debt re- ficiaries receiving care in the Department; the mid-1800s Louis Pasteur said, and I duction. administrative expenses in support of plan- will paraphrase him, I am getting clos- I encourage support for this bipar- ning, design, project management, real prop- er and closer to the mystery, and the tisan amendment. erty acquisition and disposition, construc- Mr. WELDON of Florida. Mr. Chair- tion and renovation of any facility under the veils are becoming thinner and thinner jurisdiction or for the use of the Depart- and thinner. Well, the veils that have man, I move to strike the last word ment; oversight, engineering and architec- really camouflaged the Space Station and speak in opposition to the amend- tural activities not charged to project cost; over the last decade are now becoming ment. repairing, altering, improving or providing very apparent. Mr. Chairman, I rise in very strong facilities in the several hospitals and homes What is the status of NASA, let alone opposition to this amendment. It is a under the jurisdiction of the Department, a Space Station that was supposed to tradition here in the House of Rep- not otherwise provided for, either by con- cost $8 billion and now is well over $100 resentatives to take up the Roemer tract or by the hire of temporary employees billion for the American taxpayer? amendment every year in the VA, HUD and purchase of materials; uniforms or al- lowances therefor, as authorized by 5 U.S.C. Well, the status of NASA today is that, bill. I began debating the gentleman 5901–5902; aid to State homes as authorized in about 1989, the Space Station took from Indiana (Mr. ROEMER) and his sup- by 38 U.S.C. 1741; administrative and legal about 4 percent of the NASA budget. In porters, his dwindling number of sup- expenses of the Department for collecting 1999, Space Station will take almost porters for his amendment, back in 1995 and recovering amounts owed the Depart- one-fifth of every dollar that we appro- when I first got elected, both in the full ment as authorized under 38 U.S.C. chapter priate for NASA. One-fifth of every dol- Committee on Science, in the Sub- 17, and the Federal Medical Care Recovery lar is going to be eaten up by the Space committee on Space and Aeronautics, Act, 42 U.S.C. 2651 et seq.; and not to exceed Station when there are so many other on the floor of the House. $8,000,000 to fund cost comparison studies as I commend the gentleman from Indi- referred to in 38 U.S.C. 8110(a)(5), important programs within NASA that are doing magnificent work, whether it ana (Mr. ROEMER) for his persistence in AMENDMENT OFFERED BY MR. ROEMER clinging to the idea that America Mr. ROEMER. Mr. Chairman, I offer be Mars or Jupiter, whether it be fol- should not be creating a permanent an amendment. low-ups to our Cassinis and Rovers. The Clerk read as follows: These programs are legitimate human presence in space and taking science and helpful science, and we the next step that we should be taking Amendment offered by Mr. ROEMER: In the matter relating to ‘‘VETERANS have a Space Station that continues to in the process of human exploration of HEALTH ADMINISTRATION; MEDICAL CARE’’, massively vacuum up every available the universe. after the second dollar amount, insert ‘‘(in- dollar. But, clearly, the will of the House creased by $350,000,000)’’. The gentleman from Maryland (Mr. has been consistently in opposition to In the matter relating to ‘‘PUBLIC AND IN- HOYER) said that this $1 billion cut to this. Indeed, in many ways, I am very DIAN HOUSING; REVITALIZATION OF SEVERELY NASA will probably result in the clos- pleased he is offering the amendment DISTRESSED PUBLIC HOUSING (HOPE VI)’’, after ing of two NASA space centers. The en- again, because each year we get more the first dollar amount, insert ‘‘(increased by tire shuttle fleet today in September is and more votes against the amend- $50,000,000)’’. grounded. We cannot put a shuttle up ment. There is a reason for that, Mr. In the matter relating to ‘‘NATIONAL AERO- today. We are cutting shuttle safety. Chairman. NAUTICS AND SPACE ADMINISTRATION; HUMAN The reason is, number one, NASA is SPACE FLIGHT’’, after the dollar amount, in- We are cutting back on science and sert ‘‘(reduced by $2,080,000,000)’’. aeronautics efforts within the NASA one agency that has been doing more In the matter relating to ‘‘NATIONAL AERO- budget. with less. It is one of the few agencies NAUTICS AND SPACE ADMINISTRATION; SCIENCE, It seems to me, Mr. Chairman, that in the entire Federal Government that AERONAUTICS AND TECHNOLOGY’’, after the we have to save the Space Station from has actually been responding to the de- dollar amount, insert ‘‘(increased by consuming the NASA budget, and kill mands of the Congress, and that is to $675,000,000)’’. the Space Station, and put the money reform and become more efficient. Mr. ROEMER. Mr. Chairman, I offer back into these other important pro- There is probably no better program this amendment with the gentleman grams as well as put $1 billion toward than the Space Station program. from South Carolina (Mr. SANFORD) debt reduction. Many people like to point out the so- which will obviously do two things. Now, I also am very concerned about called cost overruns in the Space Sta- One, this amendment will eliminate the severely distressed housing for the tion program. The vast majority of the funding for the over budget and in- poorest of the poor in America. We al- those cost overruns are being gen- effective Space Station. Secondly, located $625 million last year. This erated by some of the problems that more justly, more effectively, more year, that allocation is $575 million, a the gentleman alluded to, the problems compassionately, and more fairly allo- $50 million cut. with the Russians. But here are some cate that $2 billion that we are going Now, one travels as a citizen or a things we need to consider about the to spend on the Space Station this year Member of Congress to Chicago, in the Space Station. Number one, most of it to some programs that vitally need the South side, and one sees some of the 40- has been paid for already in terms of funding, including almost $1 billion for year-old housing that we put people in construction. debt reduction, $350 million for our vet- in America that are drug infested and We are now at a point where we are erans health care, and $50 million for rat infested that we are going to con- ready to launch most of the elements. distressed public housing for the poor- tinue to ask people to live in those We are waiting for a Russian element; est of the poor in America, where their kinds of severely distressed public and when that element is on orbit, we budget was cut by $50 million in this housing for another year and another will be in the process of constructing bill. year and another year; but we have un- it, and then permanently putting a The Space Station, which continues limited funds for a Space Station for 7 crew up there. to be billions and billions of dollars astronauts to be housed in when tens of I think one of the most important as- over the $8 billion initial funding fig- thousands of Americans have to put up pects of this is that it has excited ure, now the projections for the total with housing that is unsafe, that is un- school children all over the country. cost will be well over $100 billion. It sanitary, that should not be fit for When I talk to teachers anywhere I go, does not seem to matter how many children to have to live in, that some they all say the same thing to me, that delays and cancellations and inefficien- children risk having nose and ears bit- the thing that they find motivates cies are in the Space Station. ten by rats. We should not be at this their kids more than anything else to H7916 CONGRESSIONAL RECORD — HOUSE September 8, 1999 study math and science, which is so ization for Space Station. That amend- man, the Space Station has had and critical to the future of our Nation, is ment was defeated 254 to 159. On June will continue to have important spin- when they use examples from space. 23, 1993, the gentleman offered an off benefits in terms of new products, Let me talk about one other issue. amendment to terminate Space Sta- new technologies, and new industrial We all know the incredible scientific tion on the NASA authorization, the processes. breakthroughs that accrue to the en- only close vote we have had on it, but Mr. Chairman, it is time to end this tire human race from our human space that amendment was defeated 216 to debate once and for all, and I urge my exploration program. Everybody is fa- 215. On May 30, 1996, the gentleman of- colleagues to vote against this amend- miliar with some products like velcro, fered an amendment to the authoriza- ment and subsequent amendments to for example, something we see every- tion bill to terminate Space Station the Space Station. where, a spin-off from NASA. and that was defeated 286 to 127. Again, Mr. ROEMER. Mr. Chairman, will the Before I came to the U.S. Congress, I on April 24, 1997, an amendment was of- gentleman yield? worked as a medical doctor. I am a fered to terminate the station and that Mr. MOLLOHAN. I yield to the gen- physician. I can tell my colleagues that was defeated 305 to 112. On July 29, 1998, tleman from Indiana. I used to see the impact of NASA in an amendment to the appropriations Mr. ROEMER. Mr. Chairman, I thank prolonging lives, in improving lives, bill was offered to strike funding. That my good friend from West Virginia for yielding to me and note his recollec- the new prosthetic devices using mate- was defeated 323 to 109. And, finally, on tion of my tenacity but my losing rials that are direct spin-offs of our May 19, 1999, just this spring, the gen- tleman offered an amendment to delete record of Space Station. space program, in imaging tech- Mr. MOLLOHAN. Reclaiming my the station from the authorization bill, nologies, in MRI and CAT scanning, in time, Mr. Chairman, I would note that and that was defeated by a rather re- materials that are used for pacemakers I admire the gentleman’s tenacity. and cardiac catheterization. sounding vote of 337 to 92. Mr. ROEMER. If the gentleman will My colleagues, this trend is very Indeed, there are entire books pub- continue to yield, I want to note for lished by NASA called spin-offs that clear. Support is growing for Space the gentleman, as he mentioned in his are just filled with page after page of Station in this body, not subsiding. remarks, that we have spent about $22 our investment in science and tech- The time has passed when we should billion on the Space Station, and I nology through our NASA investment. even be considering termination of think that is absolutely accurate, as So here we are today. We have got Space Station. We have had this debate my friend always is, but that the Gen- Space Station elements stacked up and on authorization and appropriations eral Accounting Office has estimated ready to go at Kennedy Space Center. bills in years past, and each time pro- that the total cost of putting a space We have got the Japanese ready to de- ponents of the Space Station have pre- station in space will be over $100 bil- liver their element. The Europeans are vailed. At some point there must be lion. So we still have $80 billion to go. ready to deliver their section. The Ca- some finality to the decision to pro- Mr. SANFORD. Mr. Chairman, I nadians have already delivered theirs. ceed. Mr. Chairman, I think that time move to strike the requisite number of This is the greatest scientific and engi- has come. words. neering undertaking in human history. We have already spent more than $22 I first of all want to commend the Much of it has already been expended. billion on Space Station, and that in- gentleman from Florida (Mr. WELDON) I say to my colleagues to vote ‘‘no’’ vestment is beginning to bear fruit. because if I lived in the area around on this amendment, and let us proceed Further, we are not the only country Cape Canaveral, Titusville, Florida, I with the program, and let us make sure who has invested great sums of money would want the gentleman as my rep- that we have a future. This country into the Space Station. In addition to resentative; but I do not, and so I find was founded by pioneers. The pio- Russia, our international partners in- myself with the gentleman from Indi- neering spirit dwells in the hearts of clude Canada, Japan, Italy, France, ana (Mr. ROEMER) on this amendment, all Americans. The place where that and a number of other European coun- reluctantly, because the gentleman has pioneering spirit is fulfilled is within tries. We must not suddenly pull the consistently been a tireless advocate NASA and the work that the men and plug on the Space Station and leave for NASA and associated programs. women of the National Aeronautics our investments and those of our part- I rise in support of this amendment, and Space Administration are doing on ners to go down the drain. though, because I think it makes com- a daily basis. All that aside, Mr. Chairman, this is mon sense, first of all simply from the So I encourage all of my colleagues no longer simply an ideological debate. standpoint of the budget caps. The to vote ‘‘no’’ on the Roemer-Sanford As of December 6, 1998, when a team of budget caps have become a bad word amendment and continue our effort to American astronauts and Russian cos- here in Washington, but in essence explore the universe. monauts connected the Russian Zarya they are the rails along the highway module with the American Unity craft, that set the course in terms of what we b 1445 we have a functional Space Station in are willing to spend out of people’s Mr. MOLLOHAN. Mr. Chairman, I Earth’s orbit. What is more, the long pockets, our folks back home. We may move to strike the last word, and I rise awaited launch of the Russian Service well go over those rails, we may break in opposition to the amendment. Module will take place late this fall. the budget caps; but if we are serious Mr. Chairman, again my friend, the Once it has docked with the existing about the budget caps, we have to find gentleman from Indiana, joined by the structure, the International Space Sta- a couple of areas wherein we say we ac- gentleman from South Carolina, has tion will finally be ready for a human tually want to limit the growth of Gov- proposed to terminate the Inter- crew. Once that happens, the Space ernment in this, that, or some other national Space Station. Mr. Chairman, Station will begin to fulfill its mission. program; and this is an amendment I rise in opposition to that amendment. As a scientific and as a technological that actually does that. In years past this has been an ideolog- platform, it represents the next logical And, again, if we are going to stay ical battle: Do we or do we not want to step in our efforts to explore space by true to those budget caps, doing that is have a permanent human presence in providing the necessary experience incredibly important. And that is why, Earth’s orbit? Time and again this with building and operating large for instance, Citizens Against Govern- body has answered that question with a space-based structures and with meas- ment Waste have come out in support clear and increasingly resounding uring the effects on humans of long- of this amendment, the National Tax- ‘‘yes.’’ Let me quickly run through re- term space travel. payers Union has come out in support cent votes on virtually identical The Space Station will also provide a of this amendment, and Taxpayers for amendments. Reviewing these votes platform for important scientific re- Common Sense has come out in sup- will, I believe, demonstrate the support search, particularly medical and mate- port of this amendment, because it which the International Space Station rials science research that require a helps us maintain some kind of fiscal does enjoy in this House. microgravity environment. And like discipline in this House. On April 29, 1992, the gentleman of- any other major undertaking at the The second reason I think this fered an amendment to delete author- cutting edge of technology, Mr. Chair- amendment makes sense is that there September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7917 is a giant check floating around Wash- kind of investment we would make? At ment mentioned the $100 billion price ington, D.C. and on the top of that minimum we would put the brakes on tag on the Space Station. I just want check are marked the words ‘‘insuffi- and say let us look at this thing close- to again reiterate for my colleagues a cient funds.’’ And the person that that ly. I think that is where we should be point I have made previously in this check is to be made payable to are the with the Space Station. debate, and that is that that $100 bil- veterans of America. Because what I Finally, this is about priorities. lion includes the construction cost of consistently hear from folks back There are a limited number of dollars the Space Station, all of the shuttle home is that they fought in World War in Washington. And while inspiring mission costs, and all of the research II, they had some friends killed in schoolchildren is nice, if we really that is going on there. World War II, they either lost a limb or want to motivate them, we should put The gentleman’s earlier assertion is was shot, or maybe they were not even dollars into the classroom. That is how akin, I would say, to someone who was hurt at all but the promise made to we really motivate students. This is going to purchase a house for $75,000 to them by the Federal Government was about priorities and, therefore, I urge say that they were actually spending that when they grew a little older, its adoption. around $300,000 because that is what it when it came to retirement age, they Mr. EVANS. Mr. Chairman, I move to would cost for the cable bills and the would be taken care of. It turns out strike the requisite number of words. electric bills and for the purchaser’s there are insufficient funds in that ac- Mr. Chairman, I rise in support of the food and clothing over the next 30 count. Roemer-Sanford amendment which years. The actual construction cost on So this amendment does something would provide a $350 million increase the Space Station is about $24 billion. about that. It moves $350 million out of for health care for our Nation’s vet- I agree that is a lot of money, but it is this funding, which is truly out in erans. This will bring the total funding money that has already been spent. We space, to something very much in need increase for VA health care to $2.05 bil- are ready to roll. here on Earth. And that is why this lion. This amount is almost exactly And for the sake of abbreviating the amendment is supported by the Amer- what was proposed in the additional debate here, we have had this debate ican Legion, it is supported by Amer- and dissenting views offered to the for many, many years, I will conclude ican Veterans, it is supported by Para- Committee on the Budget by Demo- and again encourage all my colleagues lyzed Veterans of America, and it is cratic members of the Committee on to vote ‘‘no’’ on the Roemer-Sanford supported by Vietnam Veterans of Veterans Affairs. amendment. I want to thank my colleagues, the America, because it addresses this crit- b 1500 ical need to which right now there is a gentleman from Indiana (Mr. ROEMER) check marked insufficient funds. and the gentleman from South Caro- Mr. CUNNINGHAM. Mr. Chairman, I Thirdly, I support this amendment, lina (Mr. SANFORD), for inviting me to would say to my friends, the issue of going back to this theme of gravity, work with them on this important whether we want to end up in space or because we are looking, as the gen- amendment. The amendment will allow not is a valid issue. But we are ready to tleman from Indiana (Mr. ROEMER) cor- the VA to make important enhance- go with this system. The gentleman rectly pointed out earlier, we are look- ments in veterans’ health care. It will talks about cost, but this Space Sta- ing at a program that basically started provide funding to reimburse emer- tion has been redesigned and rede- to the tune of around $8 billion or so gency care for veterans. This will en- signed and redesigned each time be- and it has now grown to $100 billion. sure veterans are not reduced to sec- cause of cuts in funding that has in- We are not talking about the elimi- ond-class citizenry as other Americans creased the funding. It is just like if we nation of NASA; we are not talking benefit from a patients’ bill of rights. want to buy a system and we have to about the elimination of space pro- It will allow critically needed fund- redesign it, then we have to almost grams. What we are talking about is ing to shore up long-term care and double the cost. This would also kill one specific program. Because it is mental health programs, and it will as- the entire program. crowding out a lot of other priorities. sure adequate funds to provide screen- I, unlike my colleagues, believe that Going back to the point that the gen- ing and treatment for veterans who the spin-offs are going to be very im- tleman from Indiana raised earlier, if have the hepatitis C virus. portant. Whether we are looking at the we were $200 short toward fixing our Veterans who served during the Viet- world and the temperature controls or car, let us say the fixup would sup- nam era are at a greater risk for hav- the different environmental concerns posedly cost $1,000, but the $800 would ing hepatitis C virus than any other that we have on Earth, I think we are not fix the car, would we spend the Americans; yet I have had to request going to look at those from space; and other $800? Or if we were going to make VA’s Inspector General to investigate there has been good evidence to do an investment and it was going to cost allegations that, because of under- that. $2,000, but the total investment would funding, the VA has to ration the In space, we can look at a cell from be $10,000, would we spend the other screening and care it provides to our four different angles. On Earth, we can $8,000 if it was a bad investment? I Nation’s heroes with this disease. only do it in one dimension. The sci- think the answer is clearly no. And I understand that this debate is entists at NIH and other areas have that is where we are on this, I think. about our priorities. I have encouraged said that this kind of research is going Because this is what this amendment and been encouraged by the efforts I to lead to the cure of AIDS and those does: it moves $675 million of funding have seen from Members on both sides different things in which they cannot to things like, for instance, the Path- of the aisle. It is high time we make even look at the cell division. finder, where for $250 million we can our veterans a high national priority. So I would rise in opposition to my get to Mars; for $75 million on the A vote for the Roemer-Sanford amend- friend. And though his goals are note- Clementine we can get to the Moon. It ment will allow us to do so. I urge my worthy in the areas that he wants to goes to some fairly effective space pro- colleagues to join me in supporting it. increase, I think for us to turn our grams. In fact, it restores 62 percent of Mr. CUNNINGHAM. Mr. Chairman, I heads away from a program that is the cut that was in that particular ac- move to strike the requisite number of ready to go with all the other nations count in NASA, and it moves to some words. that are involved not only sends a poor things that we can actually do some- Mr. WELDON of Florida. Mr. Chair- message to the leadership of this coun- thing about, I think some much higher man, will the gentleman yield? try but to what we will be able to priority items. Mr. CUNNINGHAM. I yield to the achieve in space itself. Fourthly, I would just mention the gentleman from Florida. Mr. WALSH. Mr. Chairman, I rise to issue of certainty. This has been Mr. WELDON of Florida. Mr. Chair- strike the requisite number of words touched on by several other folks. But man, I thank the gentleman for yield- and speak in opposition to the amend- anytime we have in the course of a ing to me, and I just want to make two ment. critical path, whether it is in com- brief points. Mr. Chairman, the committee and merce or whether it is in business, a The gentleman from South Carolina the subcommittee recommendation al- partner that is uncertain, is that the who spoke in support of this amend- ready cuts NASA funding more than H7918 CONGRESSIONAL RECORD — HOUSE September 8, 1999 any other program within this bill, Mr. Chairman, I rise in strong and Mr. Chairman, I appreciate the words with the exception of AmeriCorps and unchanged opposition to the Roemer of those NASA supporters here today; Selective Service. amendment. and I rise, too, in opposition to the The committee, while severe in the I am a little bit uneasy about the Roemer amendment, which he is offer- minds of some, still allows NASA to things that I have to say, and I am try- ing for the second time this year. operate its core programs. This amend- ing to think of something nice to say I have been here since the gentleman ment would make it next to impossible about the gentleman from Indiana (Mr. from Indiana (Mr. ROEMER) came here for NASA operations to be conducted ROEMER) that I have not said before on when we came into Congress together, and it may jeopardize other programs all the other occasions that we have and I have gone through this drill with within NASA. voted this amendment down. him since 1992. And here we are again. The proposal to delete $2 billion of A good American? You bet. Bad I would say some good things about the funding for the International Space amendment? Absolutely. Great Mem- him, but the gentleman from Texas ber of Congress? No question about it. Station would effectively cause us to (Mr. HALL) has already said those good Bad amendment? It is a cinch it is a waste an investment of over $20 billion things about him. The gentleman from bad amendment. Fine personal friend? I already expended in the program at a Indiana (Mr. ROEMER) and I are occa- do not have any better. As a matter of time when we are so close to making sionally on the same side of the same fact, we probably voted together on real progress on assembly and utiliza- issue but never never over this issue of every other item that comes before tion of the on-orbit facilities. NASA. this Congress but this one amendment. The figure of $100 billion has been I want to say to the chairman of the He is a wonderful guy, just wrong on subcommittee, I am new to the sub- mentioned a couple of times. But, in this amendment. I thought it was a bad fact, the General Accounting Office, as committee, as of course the chairman amendment back when he first brought knows, and I have gone to the sub- recently as August of 1999 suggested it up. I still think it is bad. This the total shuttle costs, including as- committee because I looked forward to amendment, I think everybody knows, working with the chairman, looked for- sembly, development, and all the would cancel the Space Station just science and research that have gone ward to working with my ranking when we are really getting ready to member, the gentleman from West Vir- into this and the operation, GAO’s esti- reap the rewards of the investment we ginia (Mr. MOLLOHAN) here. I appre- mate is $53 billion, not $100 billion. And already made in this program, a huge so, almost all the major components of ciate both their words today here in investment we made. support of NASA. Of course, I am trou- this station have been manufactured. The first two pieces of the Station bled by the overall NASA mark in this I recently visited Kennedy Space are already in place. Much of the rest bill and hope that this is just the be- Center and witnessed as they had all of of the Station is hardware that is ginning of what we will have to go these different parts and pieces stacked out there somewhere around through and that we will eventually brought together, parts that were as- Cape Kennedy that is ready to be put sembled all over the world, Italy, Rus- in place, much of it already purchased. correct funding for NASA in general. sia, U.S., Canada, and so forth, testing It would be a colossal waste of money Because I think, in general, a $1 billion them out; and now the really exciting to stop the Space Station at this late cut is an unacceptable cut. Mr. WALSH. Mr. Chairman, will the aspect of this project begins, the aspect date just as we are starting to assem- gentleman yield? of this project that young people all ble it. At the same time, crippling the Mr. CRAMER. I yield to the gen- over the country are focusing on at Space Station would really cripple our tleman from New York. ability to conduct the important bio- space camp and in schools and colleges Mr. WALSH. Mr. Chairman, I hate to medical and research plan for the around the country where they are take any of the valuable time of the Space Station. And that is one of the glued to what is about to happen as we Member because I know he has been reasons I am still in Congress, to see start sending these parts and pieces up waiting, but I would like to suggest the biomedical thrust in space. into space, assemble them within the that I look forward to working with telescopic eye of everyone on Earth. All of us have a reason for this. My reason is personal because I have had him as we go through this process to Everyone has an opportunity to par- try to find a way to meet the needs of ticipate and be excited in this program. cancer in my family. I have had them wasting away in the cancer ward. I a very important department in our And so the corner has been turned. It Federal Government, and that is has been difficult and expensive to get know the benefit of a biomedical thrust in space. We have it up there now. We NASA. to this point, but now we begin the as- I associate myself with the remarks sembly. But we have arrived at this have to keep it up there. I think the U.S. and the taxpayers of of the gentleman regarding the funding point and it would be tragic if we are of NASA, and I urge him to work with not to go forward and see the process this country are ready for a break- through from space. I say to the gen- us as we go along. through to its successful conclusion. A Mr. CRAMER. Mr. Chairman, re- tremendous investment has been made tleman who has the amendment, we are ready for something other than giant claiming my time, I appreciate that at- and we should not waste it. expenditures of money. I agree with titude and the attitude of the staff, as Much has been said about keeping him on that. We are ready for some- well. I know that this is a very difficult commitments, especially keeping com- thing other than ticker tape parades. position for the chairman to be in, es- mitments to veterans. We have done We are ready for a break-through from pecially as our bill proceeds through that, Mr. Chairman. We have, as I said, space, like a cure for cancer, diabetes, this process late in the game. It has increased the veterans medical health or any of the other dreaded diseases. been very tough for us to come up with care budget by an amount of $1.7 bil- I think that certainly includes re- a passable bill. But I thank the gen- lion, the largest increase in the history search that can help the veterans that tleman for those remarks. of veterans medical health care; and we are wasting away in VA hospitals with To the gentleman from West Virginia are proud of that commitment that the the dreaded diseases that we cannot (Mr. MOLLOHAN) as well, we have been subcommittee bill has made. But we cure today with the technology that we through this battle over the Space Sta- need to keep our other commitments, have. tion, over efforts to fund NASA at an too, within this bill. Given the budg- My colleagues all know that I am a appropriate level that would allow etary constraints that we have had, it supporter of the veterans and I am a science and the Space Station to do the has been difficult, but we have accom- supporter of fiscal responsibility. How- things that we know they can do, and plished that. We need to keep the com- ever, this amendment does nothing to I appreciate his work here today, as mitments made to our partners here. help either cause. It should be defeated. well. I urge that the Committee of the I urge the Members to oppose the I would say to the gentleman from Whole reject this amendment. amendment. Indiana (Mr. ROEMER) that he is wrong Mr. HALL of Texas. Mr. Chairman, I Mr. CRAMER. Mr. Chairman, I move again. It is about time that he directs move to strike the requisite number of to strike the requisite number of his attention to issues other than kill- words. words. ing the Space Station. Let us look for September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7919 other ways that we can work together Oppose the Roemer amendment. b 1515 other than having to come to the floor Ms. JACKSON-LEE of Texas. Mr. In addition, we are talking about like this and go through what I now Chairman, I move to strike the req- people who have invested their lives to consider a very unnecessary drill here. uisite number of words. do research for America so that we can As my colleague knows, the prime (Ms. JACKSON-LEE of Texas asked advance and make life better for Amer- contractor is 84 percent through with and was given permission to revise and icans all over this Nation. building the Space Station. I think it extend her remarks.) We are a world power, and we stand has already been said in this debate, if Mr. Chairman, I certainly want to strong as a leader in space and yet not in this debate, in the debate earlier follow up with some kind words of my when we ask our partners, Italy and this year, that by the end of this year good friend, the gentleman from Indi- France and others, to be fiscally re- half a million pounds will be in space. ana (Mr. ROEMER), who shared so many sponsible and keep their commitment, It is too late for us to turn our back on hours on the Committee on Science. look what we are doing today, cutting the Space Station program. And I thought for a moment he might NASA again and then cutting it with a We are fooling ourselves to think be born again, but I realize his commit- $924 billion cut. that if we end the Space Station we ment. And it gives me the opportunity In light of the docking that we have will help all of NASA. That is simply to explain to the American people why seen this summer, and Frank not true. If we pull the heart out of this is a misdirected and wrong-headed Culbersome of NASA said that the NASA through killing the Space Sta- approach to budget cuts or concerns docking that went on with the Space tion program, then we will be pulling about overspending because that is not Shuttle Discovery was a historic mo- ment and yet today we cut NASA. Just the heart out of the science program. what we are having in NASA. a few years ago, some of my colleagues Mr. ROEMER. Mr. Chairman, will the Let me also thank the gentleman gentleman yield? in Congress, before I came, thought it from West Virginia (Mr. MOLLOHAN) was important to cut the super Mr. CRAMER. I yield to the gen- and the gentleman from New York (Mr. tleman from Indiana. collider. Many of my colleagues may WALSH) for their kind remarks in op- Mr. ROEMER. Mr. Chairman, I too not remember that, but right now most posing this amendment and their lead- of that research is going on overseas want to join in saying nice things ership. about my colleague as well. and some of us think we have missed Although joining my colleague, the My good friend from Alabama (Mr. the boat. gentleman from Alabama (Mr. CRAMER) and I have served on the Com- We have been talking over the years CRAMER), I take great issue in the bil- mittee on Science for many years and about math and science prowess with lion-dollar cut that we face in NASA had fought to restore money into the our students and so NASA has been overall in this bill, the VA-HUD bill, aeronautics account and worked on the working with our educational systems, and think we need to fix it and hope Doppler radar systems together for our our school systems, our primary and that my colleagues will join me tomor- respective districts. secondary schools, to ensure that our This is just a difference of opinion. row in fixing it. children are excited about and com- We have a bill before us that has great But I say to the gentleman from Indi- petitive in math and science; and yet leadership in the gentleman from New ana (Mr. ROEMER), this particular the dollars that I know my friend and colleague will be cutting will be cut- York (Mr. WALSH) and the gentleman amendment is again wrong, juxtaposed ting those very programs to make us from West Virginia (Mr. MOLLOHAN). against the billion-dollar cut. I, too, competitive in the world and inter- But we have a billion-dollar shortfall am a supporter of AmeriCorps. I am a national markets. This is wrong headed on the NASA budget the we have no supporter of veterans health care. In and that is why I hope tomorrow to money for AmeriCorps. We have $50 fact, I have made a commitment and talked to my veterans in my commu- find the goodwill of my colleagues in million less for severely distressed pub- restoring the $924 million that they lic housing for the poorest of the poor. nity to indicate to them that I would always stand with them for the kind of will join me in recognizing that, I do not support tax increases, as my though the gentleman from Indiana colleague does not. We voted together funding that they need that pays the right amount of respect for what vet- (Mr. ROEMER) is consistent that his against tax increases. So the only way cuts, added to the $1 billion cut or al- that we can try to in some kind of fair erans have done for America. But at the same time, we are being most $1 billion cut, is completely hypo- and principled way resolve our dif- critical in light of the $792 billion tax ferences is for me to go after a program foolhardy in cutting NASA, an agency that has cut itself. NASA has been one cut that the American people are not that has not worked very well, in my asking for, but yet my Republican col- humble opinion, and put money into of the leanest and I would like not to say meanest but one of the most fis- leagues persist in wanting to give. debt reduction, put money back into I would think that the American peo- cally responsible agencies that the severely distressed housing, and put ple want to see us fund veterans health United States has had. And here we are money back into veterans organiza- care; and I would like my colleagues to attempting to cut NASA on top of the tions. support me in that, as well in housing, $924 million, almost a billion dollars, Mr. CRAMER. Mr. Chairman, re- and to ensure that we remain competi- that is being cut. claiming my time, because I do not tive with the NASA leadership, provide have that much time to spare, I, of What does that mean? I used a meta- our young people with training in course, disagree with my colleague phor just a few minutes ago. To build science and math, be on the cutting from Indiana. This is the wrong time to or rebuild the San Francisco bridge, for edge of technology, provide us with pull a further rug out from under many of us who have admired this safe travel and air travel, and ensure NASA; and my colleagues are fooling bridge, get it halfway over the water that the space shuttle and the space themselves if they think by killing the and simply say, stop. station stay on schedule and that we do Space Station they are helping other We realize that the Russian MIR is not throw good money after bad and parts of this very difficult appropria- on its way to retirement. There is ruin the leadership role that the tions bill. 77,000 tons in space now. The Space United States has had in space re- We have got our work cut out for us. Station is potentially utilized to do re- search and exploration. I might agree with my colleagues that search in space that covers aero- Mr. Speaker, I rise to voice my concern be- funding should be restored to other nautical research or aviation safety. It cause in its present form the VA±HUD appro- programs within this bill, but killing covers, as well, research in HIV–AIDS, priation bill will surely and deservedly be ve- the Space Station is certainly not the high blood pressure, heart condition, toed. The path that this bill presents is a way to do it and this is certainly not and cancer. steady decline in services. Despite the current the time to do it. I hope the Members We still have not reached the point of economic strength of our nation, this Congress coming back here after this long and determining the questions to those is ready to approve a budget that cannot even enjoyable August break are not fooled dreadful diseases or symptoms. At the spend the same amount as last year on hous- by this annual battle that my col- same time we are talking about cut- ing assistance for low income elderly or fami- league takes us through. ting NASA. lies with children, or basic research funded by H7920 CONGRESSIONAL RECORD — HOUSE September 8, 1999 NASA and the NSF, or on community service Russian Mir space station. Our nations have the bill as it is currently drafted. First, by our youth, or financial support for building made such a connection nine times in recent with respect to the amendment, in a businesses in impoverished urban and rural years. This connection transcended scientific press conference that a number of us communities. During this time of prosperity we discovery: it signified the true end of the Cold just held where we talked about the cannot afford these programs but we can af- War and represented an important step toward bill, the underlying bill itself and how ford an $800 billion tax cut. international harmony. it funds NASA, one of my colleagues I am proud of the Johnson Space Center The International Space Station, designed talked about how this bill was like eat- and its many accomplishments, and I am a and built by 16 nations from across the globe, ing the seed corn. staunch supporter of NASA and its various also represents a great international endeavor. Well, this amendment, unfortu- programs. NASA has had a stunningly brilliant Astronauts have already delivered the Amer- nately, while well intentioned by the 40 years, and I see no reason why it could not ican-made Unity chamber and have connected gentleman from Indiana (Mr. ROEMER) have another 40 successful years. it to the Russian-built Zarya control module. is a little bit like cutting your crops There is no doubt, the spirit of NASA cap- Countless people from various countries have down before they are harvested. We tures America's most treasured and valuable spent their time and efforts on the space sta- have already put the seed in the virtuesÐcuriosity of the unknown, ingenuity tion. ground. We have already fertilized the beyond measure, and undaunted resolve in To under-fund this project is to turn our ground. We have already raised the the face of adversity. That spirit is born out of backs on our international neighbors. Space crops and we are about to harvest those the character of the NASA family, which is exploration and scientific discovery is uni- crops; and instead of doing so, we are made up of agency employees and their loved versal, and it is imperative that we continue to just going to burn the field; and we are ones, along with the business and residential move forward. going to burn our entire investment in communities of Houston. I plan to offer three amendments that would this program where we have already This year, the Appropriations Committee add $15.5 million to the Human Space Flight had some yield, but before we get the has recommended funding for NASA that is section of the NASA budget because it is im- full potential of the crop or of the prod- over $924 million short of the NASA request. perative that we provide adequate funding for uct, and I think that would be a ter- This situation is untenable. We cannot the Human Space Flight's programs. Offsets rible mistake. underfund this important agency. for this funding would come from the American If the gentleman believes, and I to- In particular, the Committee's recommenda- Battle Monuments Commission, the Chemical tally disagree with this, but if the gen- tion falls $250 million short of NASA's request Safety and Hazard Investigation Board, and tleman believes that the funding is a for its Human Space Flight department. This Emergency Management Planning and Assist- waste of taxpayer dollars, what a ter- greatly concerns me because this budget item ance. rible waste of taxpayer dollars it would provides for human space flight activities, in- These amendments do not come close to be to destroy the project right now and cluding the development of the international repairing the damage done by the Appropria- get nothing in return for it. space station and the operation of the space tions Committee, but they will provide much I think that would be a very big mis- shuttle. needed assistance, and they will show NASA, take, and I would hope that our col- I firmly believe that a viable, cost-effective America, and our international neighbors that leagues would once again reject this International Space Station has been devised. we do care about space exploration and our amendment. We already have many of the space station's glorious history that we continue to create. Now, with respect to the underlying components in orbit. Already the space station I also denounce the cuts made by the Ap- bill, I think the fact that we are cut- is 77-feet long and weighs over 77,000 propriations Committee to NASA's science, ting about a billion dollars out of pounds. We have tangible results from the aeronautics, and technology. This bill cuts NASA or proposing to cut about a bil- money we have spent on this program. funding for this program $678 million below lion dollars out of NASA, cutting about Just this past summer, we had a historic the 1999 level. a quarter of a billion dollars from the docking of the space shuttle Discovery with By cutting this portion of the NASA budget, National Science Foundation is really the International Space Station. The entire we will be unable to develop new methodolo- wrong headed, and I know that the world rejoiced as Mission Commander Kent gies, better observing instruments, and im- chairman of the subcommittee and the Rominger guided the Discovery as the shuttle proved techniques for translating raw data into ranking member and the chairman of connected with our international outpost for useful end products. It also cancels our ``Path- the committee who is on the floor tried the first time. The shuttle crew attached a finder'' generation of earth probes. to do the best they can with what they crane and transferred over two tons of sup- Reducing funding for NASA's science, aero- have, but this bill and perhaps the plies to the space station. nautics, and technology hinders the work of coming Labor HHS bill, if that ever Frank Culbertson, NASA's deputy program our space sciences, our earth sciences, our gets to the floor in a singular form, is manager for space station operations noted, academic programs, and many other vitally a product of a failure on the part of the ``The history of this moment shouldn't be lost important programs. By under-funding this Congress to adhere to the agreement on us. [This docking] was a very significant item by $449 million, the Appropriations Com- that we made in the 1997 Budget Act. event.'' mittee will severely impede upon the progress I sat on the Committee on the Budg- Culbertson's words should not be lost on us of these NASA projects. et in 1997 when we wrote that; and the mere months after he uttered them. History Some of the largest cuts in the bill come in fact is over the last couple of years, has been made, yet, we seek to withdraw the Department of Housing and Urban Devel- through abusive use of emergency funding for the two vital components, the opment. Reductions in HUD programs below spending, through a highway bill that space station and the space shuttle, that the prior year's level are spread throughout was incredibly bloated, and through ac- made this moment possible. We cannot lose the bill. Of the 24 on going accounts within the tions taken this year, we have blown sight of the big picture. With another 45 space HUD title, the bill increases spending for one, through the caps in discretionary missions necessary to complete the space freezes 9 at the 1999 level, and cuts the re- spending at the front end and now we station, it would be a grave error of judgment maining 14 below 1999. Some of the cuts are are taking it out on the back end, and to impede on the progress of this significant small, others are substantial. A recent study I do not think there is anybody in the step toward further space exploration. on housing needs found more than 5.3 million Congress who truly believes at the end Given NASA's recognition of a need for in- very low income families with worst case of the day that we are going to abide creased funding for shuttle safety upgrades, it needs who were receiving no federal housing by that. is NASA's assessment that the impact of a assistance at all. In the meantime, all we are doing is $150 million cut in shuttle funding would be a Mr. BENTSEN. Mr. Chairman, I move making these illusory cuts and saying reduction in shuttle flight rate, specifically im- to strike the requisite number of that we are going to make these cuts pacting ISS assembly. Slowing the progress of words. which really send the country back- the ISS assembly would defer full research ca- (Mr. BENTSEN asked and was given wards. I think it would be a mistake. pabilities and would result in cost increases. permission to revise and extend his re- We ought to be making an investment Both the International Space Station and the marks.) in the future rather than consuming space shuttle have a long, glorious history of Mr. BENTSEN. Mr. Chairman, I rise today, but the way this bill is written international relations. We can recall the im- in opposition to the amendment and, we would be consuming our seed corn ages of our space shuttle docking with the for that matter, I rise in opposition to and not investing for the future. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7921 I would hope that my colleagues AMENDMENT OFFERED BY MR. EDWARDS any waiver that may be in order for the would reject the Roemer amendment Mr. EDWARDS. Mr. Chairman, I offer amendment to proceed to the floor.’’ and would reject the underlying bill as an amendment. Mr. Chairman, virtually every major it is currently drafted, if it cannot be The Clerk read as follows: veterans organization in this country corrected during the amendment proc- Amendment offered by Mr. EDWARDS: has come out in support of this amend- ess. In the paragraph in title I for the Depart- ment which failed by only one vote in ment of Veterans Affairs, Veterans Health committee, and I would urge its pas- Mr. SENSENBRENNER. Mr. Chairman, I Administration, Medical Care, account— rise in opposition to the amendment to termi- (1) after the second dollar amount, insert sage on this floor. nate the International Space Station. ‘‘(increased by $730,000,000)’’; and Mr. EVANS. Mr. Chairman, will the We go through this exercise every year and (2) strike the period at the end and insert gentleman yield? the outcome is a foregone conclusion. When a colon and the following: Mr. EDWARDS. I yield to the gen- Mr. ROEMER offered a similar amendment to Provided further, That any reduction in the tleman from Illinois, who has been a the authorization bill this spring, he could not rate of tax on net capital gain of individuals great leader and fighter on behalf of or corporations under the Internal Revenue veterans, the ranking member of the even muster 100 votes. We beat back this Code of 1986 enacted during 1999 shall not amendment by the biggest margin in the apply to a taxable year beginning before Jan- Committee on Veterans’ Affairs. Space Station's history. We will do so again. uary 1, 2001. Mr. EVANS. Mr. Chairman, I rise But, there are a few points we should make Mr. WALSH. Mr. Chairman, I reserve today in support of the amendment of- clear before doing so. a point of order against the gentle- fered by the gentleman from Texas First, the gentleman has challenged Con- man’s amendment. (Mr. EDWARDS) to add $730 million for gress to set priorities. The fact is, we have. Mr. EDWARDS. Mr. Chairman, let veterans medical care in fiscal year Scientific research aboard the Space Station me first thank the gentleman from 2000. This amendment, which the Re- isÐand has beenÐour top priority for the civil New York (Mr. WALSH), and the gen- publican members of the Committee on space program. Congress has made that clear tleman from West Virginia (Mr. MOL- Rules failed to protect under the rule, on a bipartisan basis for years. LOHAN), the ranking member, for the assures America’s veterans of the Second, there is hardware in orbit. Right plus-up that they are responsible for on health care they need and at the level now, the first and second elements are as- a bipartisan basis in the Committee on they deserve. sembled in space and circling the Earth. Ter- Appropriations for VA health care. Be- To offset the costs of additional fund- minating now would send the program to a cause of these two gentlemen, veterans ing for veterans health care, the Ed- fiery ending as those elements burn up upon will get care that they otherwise would wards amendment would delay imple- re-entering Earth's atmosphere. That's not the not have received. I, among others, ap- menting for one year a proposed cut in right beginning to the next millennium. preciate that effort. the capital gains tax, a fraction of the Third, we have already spent the bulk of the But my amendment is very straight- nearly $800 billion tax cut being pro- Space Station's development funding. We've forward. It tries to more adequately posed and passed by this House. passed the roughest financial hurdles and in- fund VA health care. It says that Con- The Edwards amendment is about vested some $20 billion getting the hardware gress should delay for one year the cap- our national priorities, providing addi- on the ground ready for launch. You can see ital gains tax cut recently passed in tional resources for our veterans med- that hardware at the Kennedy Space Center this House and take that $730 million ical care, for delaying a tax cut for the right now. It belongs in orbit, not in a museum. and add it for additional spending for wealthiest Americans for 1 year. For Finally, there are 16 other countries count- VA health care so that we can at least me, the choice is very simple. I strong- ing on us to finish the Space Station. They try to maintain present levels of serv- ly support the Edwards amendment for have committed billions to this project because ices for our Nation’s veterans. the same reasons I voted against the we made a pledge to them. That's a pledge What this amendment says, in effect, rule on this bill. The Congress needs to we should not break. While it is true that Rus- is a Congress that can afford to offer provide a higher priority to veterans sia has let the partnership down and that the Bill Gates a multimillion dollar if not medical care than tax breaks for the Administration's decision to put Russia in the a billion dollar tax cut ought to be able wealthiest Americans. Congress must critical path has cost the taxpayers more to afford to fully and adequately fund take the initiative to fund VA and money, two wrongs don't make a right. veterans health care. allow it to rebuild its most excellent Let us look at where we are today, programs, those that serve the vet- Mr. Chairman, I ask all my colleagues to do even with the $1.7 billion plus-up that erans who were injured on the battle- what is right for our country and vote down the the gentleman from New York (Mr. ground, those that have borne the bat- Roemer amendment again. The CHAIRMAN pro tempore (Mr. WALSH) and the gentleman from West tle. The Edwards amendment will allow Virginia (Mr. MOLLOHAN) have been re- VA to do this. PEASE). The question is on the amend- I urge my colleagues to join me in ment offered by the gentleman from sponsible for pushing. Let me quote Andrew Kistler, national commander of supporting the measure that supports Indiana (Mr. ROEMER). America’s veterans. I appreciate the The question was taken; and the disabled American veterans. ‘‘While we leadership of the gentleman from Chairman pro tempore announced that greatly appreciate the $1.7 billion in- Texas (Mr. EDWARDS) on this issue. the noes appeared to have it. crease over the administration’s budg- Mr. FILNER. Mr. Chairman, will the Mr. ROEMER. Mr. Chairman, I de- et request contained in the VA appro- gentleman yield? mand a recorded vote, and pending priations bill, it does not go far enough Mr. EDWARDS. I yield to the gen- that, I make the point of order that a to provide for the health care needs of tleman from California. quorum is not present. a sicker, older veterans population.’’ Let me read from the American Le- Mr. FILNER. Mr. Chairman, I thank The CHAIRMAN pro tempore. Pursu- gion a letter dated August 4 of this the gentleman from Texas (Mr. ED- ant to House Resolution 275, further year from Steve Robertson, director of WARDS) for offering this amendment. It proceedings on the amendment offered the National Legislative Coalition. He shows clearly that this Congress is by the gentleman from Indiana (Mr. says: ‘‘The VA currently has an ex- playing off the needs of the veterans ROEMER) will be postponed. tremely long list of veterans seeking against the politics of tax cuts for The point of no quorum is considered various types of long-term care. The those who least need them. That has withdrawn. VA’s budgetary constraints limit its been made very clear. The Clerk will read. ability to effectively and efficiently Now, we do not have any misunder- The Clerk read as follows: meet their needs. Currently, waiting standing about what is going to happen $19,006,000,000, plus reimbursements: Pro- times for appointments in the VA sys- to the gentleman’s amendment. It is vided, That of the funds made available tem are staggering. We are not talking going to be ruled out of order on a under this heading, $635,000,000 is for the technicality and the veterans all over equipment and land and structures object days or weeks but months. If a veteran classifications only, which amount shall not needs a specialist, the wait is even this Nation should know that this Con- become available for obligation until August longer.’’ gress on a technicality will not pass 1, 2000, and shall remain available until Sep- He goes on to say: ‘‘The American additional funds for veterans health tember 30, 2001. Legion supports this amendment and care. H7922 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Mr. EVANS. Mr. Chairman, I rise today in main incredulous that this Congress would care that we have promised them. This support of the amendment offered by CHET knowingly choose a brief delay in the capital is keeping the commitment that we EDWARDS to add $730 million for veterans' gains tax cut over adding funding that will bet- made. The President decided not to medical care in fiscal year 2000. This amend- ter assure high-quality veterans' programs and keep that commitment and the Con- ment, which the Republican members of the I certainly understand why Republicans have gress, I believe, has stood up and of- Committee on Rules failed to make in order thus far taken steps to avoid this debate. fered to make the veterans medical ad- under the rule assures America's veterans of VA needs this money. Members are aware ministration whole. the health care they need delivered at a level that VA's progress in implementing some posi- So I would insist, Mr. Chairman, that of service they deserve. tive and necessary changes has come at a the point of order be taken against To offset the cost of providing the additional price. Shifting health care practice styles are this. This is truly, in my view, author- funds for veterans' health care, the Edwards eroding some of the VA's best programsÐits izing on an appropriations bill. amendment would have delayed implementa- long-term care programs, it rehabilitative and Mr. EDWARDS. Mr. Chairman, may I tion of a proposed cut in the capital gains tax extended care for seriously disabled veterans, be recognized on the point of order? for one year, a fraction of nearly $800 billion and its mental health care treatment for vet- The CHAIRMAN pro tempore. The tax cut passed by this House. I ask members erans with Post-Traumatic Stress Disorder or gentleman from Texas (Mr. EDWARDS) of this body, can't Americans wealthy enough substance abuse issues. We are now at a is recognized on the point of order. Mr. EDWARDS. First of all, let me to benefit from this tax cut afford this small point where we must restore certain programs again say the gentleman from New sacrifice to assure our veterans won't have to to their past distinction. Congress must take York (Mr. WALSH) and the gentleman deal with delays and barriers in their access to the initiative to fund VA and allow it to re-build from West Virginia (Mr. MOLLOHAN) did high-quality health care? The Edwards amend- its most excellent programsÐthose that serve as well as they could for veterans ment is about our national priorities. Providing the veterans who were injured physically or health care funding given the con- additional resources for our veterans medical psychically on the battlegroundÐthose that straints of the budget that have been care programs or delaying a tax break for the have borne the battle. The Edwards amend- built in by the tax bill. wealthiest Americans for one year. For me this ment will allow VA to do this. I urge my col- choice is simple. I am strongly supporting the leagues to join me in supporting a measure b 1530 Edwards amendment for the same reasons I that supports America's veterans. Vote for the I do not understand, frankly, the voted against the rule on this bill. This Con- Edwards amendment. point that this would not be real gress needs to provide a higher priority to vet- [In billions of dollars] money. If it is not real money, then it erans medical care than tax breaks for the should not have been part of the tax wealthiest Americans. bill that was passed and has been Earlier this year, the Committee on Veterans Medical care ap- VA discretionary talked about greatly by my Republican propriation programs Affairs considered fiscal year 2000 funding for colleagues over the last 30 days. If it is VA health care. Unfortunately, I was denied President’s original request ...... 17.3 19.8 real money, which I assume it was VA Committee Democrats ...... 19.3 22.1 the opportunity to offer an amendment pro- VA Committee ...... 19 21.5 when they voted for this in the tax cut viding more funding than proposed by our Budget Committee ...... 19 19 bill, then it should be real money, just President’s revised request ...... 20.8 Chairman. The Edwards amendment will pro- Appropriations Committee ...... 19 21.5 as real for veterans health care as it vide approximately the same increase in dis- Edwards-Stabenow-Evans amend- could be for tax cuts. cretionary funding for VA next fiscal year, $2.4 ment ...... 19.7 22.2 The CHAIRMAN pro tempore. The billion, as I had earlier sought to provide. POINT OF ORDER gentleman from New York. There remains a critical need for this signifi- The CHAIRMAN pro tempore. Does Mr. WALSH. My point, Mr. Chair- cant increase in funding. the gentleman from New York (Mr. man, is, and I do not mean to argue, Our veterans know this. Their service orga- WALSH) insist on his point of order? but my point is that this is not real nizations have steadfastly supported efforts to Mr. WALSH. Mr. Chairman, I do. money until the President signs that add funds to the VA health care budget. The The CHAIRMAN pro tempore. The tax cut into law, and I think he would American Legion, Disabled American Vet- Chair recognizes the gentleman from agree that the President has made his erans, and Paralyzed Veterans of America New York (Mr. WALSH). position fairly clear on that. sent letters to the Rules Committee in support Mr. WALSH. Mr. Chairman, I would The CHAIRMAN pro tempore. The of the Edwards amendment being made in like to yield time to the gentleman for gentleman from Texas. order. A coalition of veterans' groups had ear- the purpose of discussion. My under- Mr. EDWARDS. Right, but I guess lier supported the increased funding level I standing was that the gentleman was the point I would like to make is that planned to propose to the VA Committee. going to withdraw this amendment. Is if the Republican leadership felt $730 The last few years in VA health care system that correct? million was available for a tax cut, have been pivotal ones. VA has reformed its Mr. EDWARDS. No, I did not make capital gains tax cut for 1 year for delivery system, bringing its acute care system that representation to anyone. some of the wealthiest families in into line with modern health care practice. But Mr. WALSH. Mr. Chairman, my un- America then I would say I would clinicians and patients alike have begun to cite derstanding was that he would with- argue that money is available, should waiting times and other problems with access draw this amendment. Since that is my be made available, to veterans. to care that have been affected by this sea of understanding, I will insist on the PARLIAMENTARY INQUIRY change. I, and other Democratic Members met point of order. Mr. EDWARDS. I do have a par- with members of the Administration to discuss Mr. Chairman, I make a point of liamentary inquiry, Mr. Chairman. this vital need. These meetings ultimately con- order against the amendment because The CHAIRMAN. The gentleman will tributed to Democrats' success in securing a it proposes to change the existing law state his parliamentary inquiry. revised plan offered by Vice President GORE and constitutes legislation in an appro- Mr. EDWARDS. It is about the ques- to add a billion dollars to the Presdient's FY priations bill. tion, Mr. Chairman, one of the ques- 2000 proposal for VA health care and con- Mr. Chairman, I might add that this tions that has been raised: Is this legis- struction. I believe the President's revised is not a real choice. This is anything lating on an appropriation bill? I think budget proposal was critical to bringing aware- but a real choice. First of all, this in the committee discussion it came ness of the emerging crisis confronting the money is not available. I would suspect up, the point that perhaps there were veterans' health care to Congress and I thank that the gentleman who proposes the some tax provisions in an appropria- them for their willingness to hear the concerns amendment would oppose the tax in- tion bill. of Members and take appropriate action. crease in the first instance and would My parliamentary inquiry, Mr. There is still a case to be made for increas- not vote for it. So to take funds that Chairman, is that on October 21 of last ing the VA health care budget. Unfortunately are out there somewhere in the ether year, less than 1 year ago today, public just prior to the August District Work Period, and offer them for veterans health care law 105–277 was signed into law. This this House voted for a rule that failed to pro- is pretty disingenuous to the veterans. was the omnibus appropriations bill, tect the Edwards amendment being in order. What we have offered is real money. and could I inquire to the Chair how This party-line vote is ``deÂjaÁ vu all over again'' We have offered to provide $1.7 billion was it that that appropriation bill al- in helping us to help America's veterans. I re- to the veterans to increase the medical lowed 6 different provisions dealing September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7923 with research and other tax provisions, point of order is sustained, and the to increase long-term care programs the research credit, the work oppor- amendment is not in order. for our aging veterans. We will not tunity tax credit, the welfare to work AMENDMENT OFFERED BY MR. FILNER have funding to restore the VA psy- tax credit, contributions of stock to Mr. FILNER. Mr. Chairman, I offer chiatric wards and an increase in men- private foundations that tax credit, an amendment. tal illness research education. We will subpart F exemption for active finance The Clerk read as follows: not have funding to keep Alzheimer’s and income tax credit, and finally the Amendment offered by Mr. FILNER: veterans in hospitals. We will not be disclosure of returned information on In title I, in the item relating to ‘‘VET- able to treat the Persian Gulf war vet- the income contingent student loans. ERANS HEALTH ADMINISTRATION—MEDICAL erans who have come down, tens of All of those provisions were legislating CARE’’, insert at the end the following: thousands of them, with an unex- in effect and dealt with the issue of In addition, for ‘‘Medical Care’’, $3,000,000 plained illness; and, Mr. Chairman, we to provide a presumption of service-connec- will not have the money as this amend- taxes, and my question is: tion for veterans who were exposed to Hepa- What rules of this House allow the titis C risk factors during military service ment will try to correct to fund new House to pass less than 1 year ago an and now have Hepatitis C: Provided, That the health care initiatives for veterans suf- appropriation bill that funded, as my Congress hereby designates the entire such fering from hepatitis C-related illness. colleagues know I think it was $37 mil- amount as an emergency requirement pursu- Now this is a new situation, Mr. lion for King Cove, Alaska, a commu- ant to section 251(b)(2)(A) of the Balanced Chairman, and is why I have des- nity of 800 people, and yet today the Budget and Emergency Deficit Control Act ignated this funding as emergency. House might not be allowed to offer of 1985: Provided further, That such amount Hepatitis C is a disease which was only shall be available only to the extent of a spe- this tax provision which pays for the recently identified by reliable labora- cific dollar amount for such purpose that is tory tests. So in the past, there has veterans health care increase on a included in an official budget request trans- similar appropriation bill. mitted by the President to the Congress and been no way to diagnose it at the time The CHAIRMAN. The matter before that is designated as an emergency require- when veterans became infected. This the House is the point of order raised ment pursuant to such section 251(b)(2)(A). infection may not have produced any by the gentleman from New York (Mr. Mr. FILNER (during the reading). symptoms or mild ones similar to a flu WALSH), and the Chair will not com- Mr. Chairman, I ask unanimous con- at the time of service to our country. ment on waivers that may have been sent that the amendment be considered The virus hides latent in the body for granted for prior proceedings in the as read and printed in the RECORD. many years and may not show up for 20 House on other measures. The CHAIRMAN. Is there objection or 40 more years after the initial infec- Does the gentleman from West Vir- to the request of the gentleman from tion. ginia (Mr. MOLLOHAN) wish to be heard California? Veterans at a particular risk for the on the point of order? There was no objection. disease include those who received Mr. MOLLOHAN. Yes, Mr. Chairman. Mr. WALSH. Mr. Chairman, I reserve blood or blood products prior to 1992 The CHAIRMAN. The gentleman may a point of order against the gentle- and veterans who worked in health proceed. man’s amendment. care occupations are exposed to blood Mr. MOLLOHAN. Mr. Chairman, I Mr. FILNER. Again, Mr. Chairman, I in combat situations. Veterans who just rise to commend the gentleman for thank the gentleman for courtesy, for were infected many years ago are now offering this amendment. I wish it were discussions of these issues. showing symptoms of the disease, and in order, and I wish the Chair would Mr. Chairman, this is another in a se- too often this disease, Mr. Chairman, is rule it in order because it joins better ries of amendments that I am offering fatal. A fatal disease, hepatitis C, is than any other amendment or joins this evening to show that the veterans now known to infect hundreds if not better than any other amendment I health budget and the Veterans Admin- thousands of our veterans, and we do have heard the issue that is before us istration budget in general is greatly not put the money in for this program. in the Congress and the Nation at underfunded. Mr. Chairman, my amendment would large, and that is, as my colleagues We have a chance in this Congress to say that we have an emergency med- know, how are we going to deal with fund adequately what veterans need. ical situation, that we should fund $3 this surplus; tax cuts, or are we going We know what that figure is. All the million to provide funding for service- to fund veterans, homeless, education, veterans organizations of this Nation and presumed service-connection for health care? I commend the gentleman came together to recommend to us veterans who are exposed to hepatitis C for successfully doing that, I am afraid what they call the independent budget, and make sure that we treat our vet- the amendment is not going to be in a budget that recommended $3 billion erans with the respect and commit- order, but I think this issue that it more than the baseline we have been ment that we should. raises is very important and is the dealing with. Mr. Chairman, I know this amend- issue as we move forward policy in the The President’s budget that was sub- ment has been challenged by point of next year. mitted to this Congress was inad- order. I assume that that challenge Mr. EDWARDS. If I could just finish equate. It was $3 billion under what will be upheld by the Chair. At some very, very briefly, I guess my point, this recommendation was as it kept a point in the evening I will, as the Mr. Chairman, if this is ruled out of straight-line budget. The budget, as Chairman knows, challenge the Chair- order is that I want to make it clear recommended by this committee, does man’s interpretation of these points of that this House had the right to, put in an additional 1.7 billion but that order, but I am hoping that this Con- through its Committee on Rules, to is only 50 percent of what all the vet- gress will not on a technicality, be- write a rule that would have made this erans organizations say they need, and cause we know we legislate on appro- amendment in order that was sup- I might point out, Mr. Chairman, that priation items all through the course ported by virtually every major vet- that 1.7 billion increase presupposes of this process, will not on a techni- erans organization in America, and a about a $3 billion decrease for veterans cality refuse the refunding for veterans very similar thing was done on issues I programs over the next 10 years. who have hepatitis C and face death thought were far less important less So what we see here is the biggest unless we come to their aid. than a year ago on a very similar ap- cut in veterans funding over a long pe- POINT OF ORDER propriations bill. riod of time. Mr. WALSH. Mr. Chairman, I must The CHAIRMAN. The amendment of- Now we have argued on this side of insist on the point of order against the fered by the gentleman from Texas the aisle for additional funding that amendment because it proposes to (Mr. EDWARDS) constitutes legislation would do some things for our Nation’s change existing law and constitutes on an appropriations bill in violation of veterans that just will not be able to be legislation in an appropriation bill and clause 2(c) of rule XXI. Since the gen- handled if this budget goes through. We therefore violates clause 2 of rule XXI. tleman from Texas has argued the tax will not be able to have care for vet- And if I might add, Mr. Chairman? The nature of the amendment. The amend- erans who are involved in radiation gentleman who offers the amendment ment also constitutes a tax measure in risk activities and subsequently de- is a good and respected member of the violation of clause 5(a) of rule XXI. The velop cancer. We will not have funding Committee on Veterans’ Affairs. I H7924 CONGRESSIONAL RECORD — HOUSE September 8, 1999 would humbly submit that this is vided further, That such amount shall be AMENDMENT OFFERED BY MR. FILNER where these items should be discussed. available only to the extent of a specific dol- Mr. FILNER. Mr. Chairman, I offer These are authorizing issues. What he lar amount for such purpose that is included an amendment. is proposing, this and several others to in an official budget request transmitted by The Clerk read as follows: the President to the Congress and that is follow, are legislative riders. designated as an emergency requirement Amendment offered by Mr. FILNER: Now we all hear the horror stories pursuant to such section 251(b)(2)(A). In title I, in the item relating to ‘‘VET- about legislative riders. These are not ERANS HEALTH ADMINISTRATION—MEDICAL Mr. FILNER (during the reading). necessarily horror stories, but legisla- CARE’’, insert at the end the following: Mr. Chairman, I ask unanimous con- tive riders do not belong on appropria- In addition, for ‘‘Medical Care’’, $35,200,000 sent that the amendment be considered for health care benefits for Filipino World tion bills. Do they happen? Of course as read and printed in the RECORD. War II veterans who were excluded from ben- they happen in the course of events. The CHAIRMAN. Is there objection efits by the Rescissions Acts of 1946 and to But the Committee on Veterans’ Af- to the request of the gentleman from increase service-connected disability com- fairs is a very activist committee. California? pensation from the peso rate to the full dol- Members from all over the country lar amount for Filipino World War II vet- There was no objection. really need to sit down and hash these erans living in the United States: Provided, Mr. WALSH. Mr. Chairman, I reserve things out and then come to the Com- That the Congress hereby designates the en- a point of order against the gentle- mittee on Appropriations and tell us tire such amount as an emergency require- man’s amendment. ment pursuant to section 251(b)(2)(A) of the what the committee wants us to do, Mr. FILNER. Mr. Chairman, out of Balanced Budget and Emergency Deficit and they have not done that in this respect for the courtesy offered by the Control Act of 1985: Provided further, That case. An individual Member can have a Chair I will be very brief and point out such amount shall be available only to the pet project; they can have a pet policy. that the $4.6 million included in this extent of a specific dollar amount for such Basically the process is for the com- purpose that is included in an official budget amendment goes to establish parity for mittee to come to a conclusion, estab- request transmitted by the President to the the dentists who are employed by the lish priorities, set an agenda, and then Congress and that is designated as an emer- VA, parity with physicians. I embody bring it to us to help to get the fund- gency requirement pursuant to such section this amendment in legislation which I 251(b)(2)(A). ing, and that is the proper course of called: ‘‘put your money where your events here, Mr. Chairman. Mr. FILNER (during the reading). So, Mr. Chairman, I would insist on mouth is.’’ That is that we ought to be Mr. Chairman, I ask unanimous con- the point of order. funding dentistry where we have an sent that the amendment be considered The CHAIRMAN. Does the gentleman enormous recruitment and retention as read and printed in the RECORD. from California (Mr. FILNER) wish to be problem parity with physicians. Over The CHAIRMAN pro tempore. Is heard on the point of order? the past 5 years, in fact, VA has experi- there objection to the request of the Mr. FILNER. In response to my good enced a decline of dentists from 830 to gentleman from California? friend from New York, Mr. Chairman, 677, and the turnover rate in the last 2 There was no objection. the advice that he gave me is good ad- years has been over 11 percent. Young Mr. WALSH. Mr. Chairman, I reserve vice. In fact, the Democrats on the and mid-career dentists are leaving the a point of order against the amend- Committee on Veterans Affairs tried to VA in increasing numbers, and there ment. offer a budget which included these are fewer higher qualified applicants Mr. FILNER. Mr. Chairman, I thank items. Not only did we not fail on that available to fill these positions. my colleagues for their patience in vote, we were not permitted a vote by We must, I think, establish parity dealing with these amendments. the chairman of that committee, and and make sure that dentists in the VA Mr. Chairman, once again we have a as the budget rules point out, unless system are given the same pay respect situation which is an emergency deal- the budget that is accepted by the that physicians are. ing with veterans of World War II who Committee on the Budget includes POINT OF ORDER are in their late seventies and early these items, the authorizing committee Mr. WALSH. Mr. Chairman, I make a eighties and do not have long to live if cannot later add them. point of order against the amendment we are going to recognize their service So the gentleman’s advice is good. I because it proposes to change existing in World War II. wish the chairman of the authorizing law and constitutes legislation on an I would preempt the advice from my committee had allowed us to have a appropriation bill and therefore vio- distinguished friend from New York vote on these issues so we could in- lates clause 2 of rule XXI, and if I could who said this should be authorized by clude them in the budget, and now I am just briefly explain the opposition? our committee. Again, the chairman of asking for an emergency designation to We really are not opposed to this. the committee would not allow this make sure that we keep our commit- Unless there is authorization, specific particular amendment to come before ment to our Nation’s veterans. authorization that would preclude this our committee, so the process breaks The CHAIRMAN. As stated by the from happening, the Secretary of the down in a circular sort of argument. Chair earlier today, a proposal desig- Veterans Administration should be When you advise me to get authoriza- nating an appropriation as emergency able to do this, and I do not know spe- tion, the authorizing committee says spending within the meaning of budget cifically whether or not there is au- we will not take it up, so we have to enforcement laws constitutes legisla- thorization that is specific to this ex- come here to the floor. tion in violation of clause 2 of rule penditure, but it would seem to me We have a situation, Mr. Chairman, XXI. that if this was a priority for the Vet- where there are approximately 75,000 The point of order is sustained. The erans Administration and the Com- living veterans of World War II, who amendment is not in order. mittee on Veterans’ Affairs, it should happen to be two-thirds of them Fili- AMENDMENT OFFERED BY MR. FILNER happen. But this is the wrong place to pino in nationality, one-third Filipino Mr. FILNER. Mr. Chairman, I offer do it, Mr. Chairman, and I respectfully in ethnic origin but U.S. citizens. an amendment. request that the point of order be These veterans of World War II fought The Clerk read as follows: upheld. as brave soldiers and helped us win the war in the Pacific. After being drafted Amendment offered by Mr. FILNER: b In title I, in the item relating to ‘‘VET- 1545 by President Roosevelt, they fought ERANS HEALTH ADMINISTRATION—MEDICAL The CHAIRMAN pro tempore (Mr. side by side with us in the battles of CARE’’, insert at the end the following: PEASE). As stated by the Chair earlier Corregidor and Bataan, and many In addition, for ‘‘Medical Care’’, $4,600,000 today, a proposal designating an appro- marched to their death in the famous to provide pay parity for dentists with physi- priation as ‘‘emergency spending’’ Bataan death march. cians employed by the Veterans Health Ad- within the meaning of the budget en- We rewarded this service to the ministration: Provided, That the Congress hereby designates the entire such amount as forcement laws, constitutes legislation United States as a Congress in 1946 by an emergency requirement pursuant to sec- in violation of clause 2 of rule XXI. taking away all of the veterans bene- tion 251(b)(2)(A) of the Balanced Budget and The point of order is sustained, and fits that had been promised and due Emergency Deficit Control Act of 1985: Pro- the amendment is not in order. them. For 52 years now, 53 years, this September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7925 really dishonorable and immoral ac- Mr. WALSH. Just to explain, Mr. vided, That funds under this heading shall be tion by an earlier Congress has clouded Chairman, I make the point of order available to administer the Service Members our relationships with the Philippines against the amendment because it pro- Occupational Conversion and Training Act. and has made sure that we have a body poses to change existing law and con- AMENDMENT OFFERED BY MR. FILNER of people who are rightfully claiming stitutes legislation in an appropria- Mr. FILNER. Mr. Chairman, I offer that their grievance be redressed. My tions bill and therefore violates clause an amendment. amendment would go partway toward 2 of rule XXI. The Clerk read as follows: restoring benefits to these heroic vet- The CHAIRMAN pro tempore. As Amendment offered by Mr. FILNER: erans of World War II. stated by the Chair earlier today, a In title I, in the item relating to ‘‘DEPART- Whereas veterans are entitled to, proposal designating an appropriation MENTAL ADMINISTRATION—GENERAL OPER- under conditions that are given by law, ATING EXPENSES’’, insert at the end the fol- as ‘‘emergency spending’’ within the lowing: certain pensions and certain medical meaning of the budget enforcement In addition, for ‘‘General Operating Ex- care, this amendment gives medical laws, constitutes legislation in viola- penses’’, $6,250,000 to provide an additional care to those Filipino soldiers who tion of clause 2 of rule XXI. 250 employees to reduce backlog and waiting fought alongside Americans. It would The point of order is sustained, and time for adjudication of claims: Provided, make available monies for care in this the amendment is not in order. That the Congress hereby designates the en- country and a small portion for our VA The Clerk will read. tire such amount as an emergency require- clinic in Manila, which serves U.S. citi- The Clerk read as follows: ment pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit zens there. In addition, in conformance with Public Control Act of 1985: Provided further, That What we are saying in this amend- Law 105–33 establishing the Department of such amount shall be available only to the ment is that the honor and bravery of Veterans Affairs Medical Care Collections extent of a specific dollar amount for such Fund, such sums as may be deposited to such veterans of World War II be recognized purpose that is included in an official budget Fund pursuant to 38 U.S.C. 1729A may be finally by the Congress, 53 years after request transmitted by the President to the transferred to this account, to remain avail- they were taken away. Congress and that is designated as an emer- able until expended for the purposes of this I would ask again this body to say let gency requirement pursuant to such section account. us recognize the bravery of our allies in 251(b)(2)(A). World War II, our Filipinos who we MEDICAL AND PROSTHETIC RESEARCH Mr. FILNER (during the reading). drafted, and provide with them the eli- For necessary expenses in carrying out Mr. Chairman, I ask unanimous con- programs of medical and prosthetic research gibility for benefits, healthcare bene- sent that the amendment be considered fits, that are given to U.S. soldiers of and development as authorized by 38 U.S.C. chapter 73, to remain available until Sep- as read and printed in the RECORD. the same war. tember 30, 2001, $326,000,000, plus reimburse- The CHAIRMAN pro tempore. Is Mr. BALLENGER. Mr. Chairman, I ments. there objection to the request of the move to strike the last word. gentleman from California? Mr. Chairman, I just want to get MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING EXPENSES There was no objection. something off my chest. I just want to For necessary expenses in the administra- Mr. WALSH. Mr. Chairman, I reserve take a few minutes to air my opinion tion of the medical, hospital, nursing home, a point of order against the amend- about our VA medical system. domiciliary, construction, supply, and re- ment. My older brother died in a veterans search activities, as authorized by law; ad- Mr. FILNER. Mr. Chairman, again, hospital 100 miles from his home. When ministrative expenses in support of capital this is one of a series of amendments a veteran is diagnosed with a terminal policy activities, $61,200,000 plus reimburse- that shows specifically where we are condition and is near death, why can ments, to remain available until September underfunding the VA budget for the fis- 31, 2001: Provided, That project technical and that veteran not be allowed to spend cal year 2000. I think any of us who his remaining days in a local hospital consulting services offered by the Facilities have talked to veterans during the re- near his family and friends who will Management Service Delivery Office, includ- cent recess period, town hall meetings come and visit him? ing technical consulting services, project I would also like to criticize the management, real property administration and tours of VA facilities, have con- (including leases, site acquisition and dis- treatment many of our veterans re- stantly heard the complaint that our posal activities directly supporting projects), veterans are prevented from knowing ceive in VA hospitals and the expendi- shall be provided to Department of Veterans ture of tax dollars on new VA construc- about the adjudication of their claims Affairs components only on a reimbursable for month after month after month tion, when many existing VA hospitals basis, and such amounts will remain avail- are underutilized with many beds able until September 30, 2000. after month after month. Six, 8, 12 months go by, maybe even 1 or 2 years, empty. GENERAL POST FUND, NATIONAL HOMES and if a process has to be appealed, it In Catawba County, North Carolina, (INCLUDING TRANSFER OF FUNDS) when I was a county commissioner, we can go even longer. For the cost of direct loans, $7,000, as au- The independent budget of the vet- built a state-of-the-art 250-bed hospital thorized by Public Law 102–54, section 8, for less than $8 million, complete with which shall be transferred from the ‘‘General erans organizations of this country an oncology unit and outpatient unit. post fund’’: Provided, That such costs, includ- proposed that an additional 250 posi- Now the VA is constructing an out- ing the cost of modifying such loans, shall be tions dedicated to reduce the backlog patient clinic in the mountains of as defined in section 502 of the Congressional and waiting time for the adjudication North Carolina for an estimated $25 Budget Act of 1974, as amended: Provided fur- of these claims was absolutely nec- million. It is an expansion to an exist- ther, That these funds are available to sub- essary. sidize gross obligations for the principal ing 300-bed VA hospital that is less Mr. Chairman, we have an emergency amount of direct loans not to exceed $70,000. situation amongst our veterans. These than 50 percent occupied. Why should In addition, for administrative expenses to those tax dollars not be used to better carry out the direct loan programs, $54,000, are the folks who fought for us, who utilize the existing underused space which shall be transferred from the ‘‘General have given us our freedom, given us our and transfer the remaining funds to post fund’’, as authorized by Public Law 102– liberty, and we make them wait 1 year, provide the needed doctors, nurses, and 54, section 8. 2 years, even longer, to find out wheth- medicine? Does anyone examine how DEPARTMENTAL ADMINISTRATION er their claims for disability or other VA capital expenditures are being GENERAL OPERATING EXPENSES such legal situations will be in fact made and whether they are needed or For necessary operating expenses of the granted to them. I think this is an not? Department of Veterans Affairs, not other- emergency situation which would allow POINT OF ORDER wise provided for, including uniforms or al- us to put in the $6.25 million that we The CHAIRMAN pro tempore. Does lowances therefor; not to exceed $25,000 for need for this situation. official reception and representation ex- the gentleman from New York (Mr. POINT OF ORDER penses; hire of passenger motor vehicles; and Mr. WALSH. Mr. Chairman, I insist WALSH) insist on his point of order? reimbursement of the General Services Ad- Mr. WALSH. I do, Mr. Chairman. ministration for security guard services, and on the point of order. The CHAIRMAN pro tempore. Does the Department of Defense for the cost of Mr. Chairman, we have within this the gentleman wish to be heard on the overseas employee mail, $886,000,000 to re- bill added funds to hire employees to point of order? main available until September 30, 2001: Pro- take care of this backlog. We did it last H7926 CONGRESSIONAL RECORD — HOUSE September 8, 1999 year, we are doing it this year, and I party is a majority, the biggest de- I know the chairman will say that would submit to my colleague that if crease over the last 8 years or so in the Department is authorized to do the Secretary of the Veterans Adminis- real spending in the VA. that, that we have plussed up the tration wants to do this, they can do b 1600 money, that we have put in the biggest this. To my knowledge, there is no spe- money in the history of our Congress. cific authorization that prevents the The CHAIRMAN pro tempore (Mr. The fact remains, Mr. Chairman, that Veterans Administration from hiring PEASE). The Chair is considering de- while that could be said about any one additional people with existing funds bate on the point of order at this mo- item that I bring up today, the sum and from moving them around within ment. Does the gentleman from New total of all the items that are in this the department, reassigning them to York (Mr. WALSH) wish to be heard on budget that was prepared by our vet- different tasks. the point of order and insist on his erans organization, the independent This is purely within their discre- point of order? budget, we simply cannot fund all of tion. You do not need an act of Con- Mr. WALSH. Mr. Chairman, I insist those with the present funding. We gress to do that. What you need is a on the point of order. need another $1.5 billion or so to do secretary who sees things the same The CHAIRMAN pro tempore. As that. way that this Member does, eyeball to stated by the Chair earlier today, a While any individual item I may eyeball, and let him make that deci- proposal designating an appropriation bring up can be handled within the ap- sion. But this is not an action that as ‘‘emergency spending’’ within the propriation, all of the needs our vet- should be undertaken by the Com- meaning of the budget-enforcement erans have cannot be. mittee on Appropriations. This is an laws constitutes legislation in viola- Over the years the national cemetery action that should be taken by the Sec- tion of clause 2(c) of rule XXI. system has struggled to maintain the retary of Veterans Affairs. The point of order is sustained. The appearance of our 115 national ceme- Mr. FILNER. Mr. Chairman, speak- amendment is not in order. teries, but budget shortfalls in the past ing to the point of order, I understand The Clerk will read. have forced the system to address only the arguments of the gentleman. The The Clerk read as follows: the highest priority projects. As a re- department is authorized to move peo- NATIONAL CEMETERY ADMINISTRATION sult, preventative maintenance and in- ple around. It is authorized to put peo- For necessary expenses for the mainte- frastructure repairs have been ne- ple in different positions. But the fact nance and operation of the National Ceme- glected. Broken sprinkler systems, for of the matter is, there are not suffi- tery Administration, not otherwise provided example, which result in parched and cient funds that would allow them to for, including uniforms or allowances there- dead grass and sunken graves which put money into one area without tak- for; cemeterial expenses as authorized by have not been reinforced contribute to law; purchase of two passenger motor vehi- ing it from another area. If you drop cles for use in cemeterial operations; and an appearance of neglect in many the backlog of one, you hurt healthcare hire of passenger motor vehicles, $97,000. cemeteries. This is not a way to treat somewhere else, so we are robbing the memory of our veterans. Some AMENDMENT OFFERED BY MR. FILNER Peter to pay Paul in this issue. cemeteries have not had the funds to Mr. FILNER. Mr. Chairman, I offer We need more money. I know the repair badly cracked walkways, and an amendment. gentleman agrees with me that we need they are actually hazardous to the The Clerk read as follows: more money. If only we could get many older people visiting the grave of through these technicalities, we could Amendment Offered by Mr. FILNER: a loved one. Backhoes and other impor- In title I, in the item relating to ‘‘DEPART- provide the money. Our veterans do not tant equipment stand idle because MENTAL ADMINISTRATION—NATIONAL CEME- understand with a $1 trillion surplus TERY ADMINISTRATION’’, insert at the end the funding is not available for repairs. why we do not have $6 million to put in following: Families must postpone funerals, to improve the backlog. In addition, for ‘‘National Cemetery Ad- they must postpone funerals, Mr. Mr. WALSH. Mr. Chairman, just ministration’’, $9,500,000 to reduce the repair Chairman, because the equipment re- briefly, we have added within this backlog at national veterans cemeteries: quired cannot even be used. National budget, we have plussed up an addi- Provided, That the Congress hereby des- cemeteries are hallowed ground. They tional $30 million for general operating ignates the entire such amount as an emer- must be properly maintained if they expenses. Clearly what the gentleman gency requirement pursuant to section are to look like the national shrines is requesting is only one-fifth of that 251(b)(2)(A) of the Balanced Budget and that all Americans consider they amount. So those funds are available Emergency Deficit Control Act of 1985: Pro- should be. vided further, That such amount shall be at the Secretary’s discretion to hire available only to the extent of a specific dol- Mr. Chairman, my amendment is to these people. lar amount for such purpose that is included plus up funds specifically to maintain Let us not forget that we have added in an official budget request transmitted by our cemeteries. I know this amend- an additional $1.7 billion to this part of the President to the Congress and that is ment will be challenged on a point of the budget, the largest increase ever. I designated as an emergency requirement order and will be sustained. I would hope that they can spend it all next pursuant to such section 251(b)(2)(A). hope that the veterans of this country year, but I have my doubts that they Mr. FILNER (during the reading). would understand that on technical- can spend all this money next year. Mr. Chairman, I ask unanimous con- ities this Congress is being prevented Mr. FILNER. Mr. Chairman, I would sent that the amendment be considered from funding urgent needs for our Na- say to the gentleman, who knows full as read and printed in the RECORD. tion’s veterans. well that the needs of the VA are far in The CHAIRMAN pro tempore. Is Mr. REYES. Mr. Chairman, I move to excess of the money we granted to there objection to the request of the strike the last word. them, they have had to prepare for lay- gentleman from California? Mr. Chairman, I find it a bit ironic. I offs; have had to prepare possibly for There was no objection. have been trying to get to the floor closure of hospitals. There is not suffi- Mr. WALSH. Mr. Chairman, I reserve today to speak to a number of issues, a cient money within the budget to treat a point of order on the gentleman’s number of concerns that deal with vet- all of the different areas that we want amendment. erans. I want to first of all, Mr. Chair- to do. You can play off any one I bring The CHAIRMAN pro tempore. The man, thank the gentleman from Cali- up and say, Oh, we have the money to gentleman from New York (Mr. WALSH) fornia for coming out to my district do that, but you do not have enough reserves a point of order on the amend- last week to attend a veterans town money do all the things that veterans ment. hall meeting. need in this budget. Mr. FILNER. Again, Mr. Chairman, At this town hall meeting we dis- I would just say again to the Chair, this is one of a series of amendments to cussed a number of issues, a number of who, again, maybe rightfully says this show how we are underfunding our vet- concerns that were raised that were is the biggest increase in history, it erans in this Nation. This one specifi- raised by our veteran population. presupposes the biggest decrease in his- cally asks for $9.5 million to reduce the There are a number of things that we tory over the next 10 years and is based repair backlog at veterans national deal with in this House that are vitally on, under the Congress, of which his cemeteries. important. I cannot think of a single September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7927 thing that is more important than the resents in El Paso, and I am sure that Veterans Health Administration. In fis- issue of benefits that were promised to the gentleman represents in Syracuse, cal year 1997, it was $16.3. In fiscal year our veterans and benefits on which we all of them are frustrated. They do not 1998, it was $17 billion. In fiscal year have not kept our word. understand how we can have this sur- 1999, it was $17.3 billion. We are pro- That message came across loud and plus and talk about these tax cuts, yet posing for fiscal year 2000 a $19 billion clear last week. That message is com- they walk into the VA and they are budget. ing across loud and clear this afternoon told that this specialist does not exist, Those are consistent increases, so in this House. There is a tremendous, or they have to wait 8 months for that there has been no dramatic cut in vet- deep sense of frustration by our vet- appointment, or they cannot get hon- erans’ health care. Has it gone up rap- eran community that they have been ors at this funeral, or their family idly enough? No, it has not. But we are betrayed by their government. member has to be released even though trying to resolve that situation this This issue here, whether we are talk- they have Alzheimer’s, and on and on year by providing the largest increase ing about the amount of funding pro- and on. in the history of veterans’ health. So posed, the amount of funding that was I would just say that this frustration the facts belie the argument. The facts approved, the amount of funding that is going to break out and come back at are that this is a substantial increase, theoretically is or is not, this in the all of us unless we can find a way to and this is the authorized level from eyes and minds of our veterans is irrel- adequately fund these programs. the Veterans Affairs committee. It is evant. It is irrelevant because they Mr. REYES. Mr. Chairman, I thank the authorized level under the budget have a deep sense of frustration when the gentleman for his comments. document. they go to the VA hospital, to the VA Let me just in closing, Mr. Chairman, So I insist on the point of order, Mr. clinic, to the military hospital. They say that I have a deep sense of frustra- Chairman, and await the Chair’s rul- are asked to wait 4 to 6 months for an tion when in our own committee we are ing. appointment. unable to bring forth and even get a Mr. FILNER. I would speak to the It is irrelevant because this after- vote on the budget that was proposed point of order, Mr. Chairman. noon, as I was sitting in a hearing deal- by the veterans service organizations. The CHAIRMAN pro tempore. The ing with diabetes, diabetes that affects Frustration is going round and round, gentleman from California (Mr. FIL- our veteran population as well as the but the buck stops here. The buck NER) may speak to the point of order. rest of the population in this country, stops here in the people’s House. Mr. FILNER. Mr. Chairman, I would veterans are frustrated because they POINT OF ORDER speak to the point of order as the gen- cannot get the kind of medical atten- Mr. WALSH. Mr. Chairman, I insist tleman from New York spoke to the tion they need and that they must on the point of order against the point of order. The real needs, the real have. amendment because it proposes to dollars of the VA have decreased over It seems to me that as we talk and change existing law, and constitutes the last 5 years because of the aging talk about issues dealing with the Vet- legislation on an appropriation bill. population and because of the increase erans Administration about who pro- If I may go on and explain, again, of needs of our population. poses a budget here, who counters with this is another legislative rider that, I will repeat to the gentleman that an equal amount of money there, the unless specifically denied during exist- the $1.7 billion plus-up presupposes the bottom line keeps coming back, we are ing law and authorization, the Sec- biggest decrease in history over the not doing the job for veteran commu- retary can implement these expendi- next 10 years, as there will be declines nities. We must do better. We have to tures. from that $19 billion over the next 10 do better. Our veterans deserve better. We have increased in this bill the years in the budget. Let me tell the Members, the vet- Veterans Cemetery Administration by The CHAIRMAN pro tempore. As erans understand, by virtue of the frus- $5 billion, equal to the President’s re- stated by the Chair earlier today, a tration that they expressed last week quest. I would remind my colleagues proposal designating an appropriation in a town hall meeting in El Paso, they again that the President requested a as ‘‘emergency spending’’ within the understand that we are not doing the freeze in veterans’ medical health care. meaning of budget-enforcement laws job for them, that we are not coming He requested a freeze. In other words, constitutes legislation in violation of through on the promises that were he saw no reason to increase the budg- clause 2(c) of rule XXI. made. et for veterans’ medical health. The point of order is sustained. The The last thing I would like to say, Everyone we have heard on the floor amendment is not in order. Mr. Chairman, in closing, is that as we today has said that we need more The Clerk will read. deal with the Veterans Administration money for veterans’ medical coverage. The Clerk read as follows: budget, I hope that we have a sense of Everyone agrees, except for the Presi- OFFICE OF INSPECTOR GENERAL obligation to our veterans community. dent. The President does not think the veterans should get those additional For necessary expenses of the Office of In- I hope that we can stand alongside our spector General in carrying out the Inspec- veterans, and I hope that finally we re- funds, although recently, approxi- tor General Act of 1978, as amended, alize that we owe them, in a time of mately a month ago, we did receive a $38,500,000. great prosperity in this country, we letter from the White House suggesting AMENDMENT OFFERED BY MR. FILNER owe them that funding that the vet- that yes, now they, too, agree that Mr. FILNER. Mr. Chairman, I offer erans service organizations have iden- Congress was right by increasing the an amendment. tified and they have proposed. funding, the appropriation for vet- The Clerk read as follows: Mr. FILNER. Mr. Chairman, will the erans’ health. We have put an addi- gentleman yield? tional $1.7 billion into this bill to pro- Amendment offered by Mr. FILNER: In title I, in the item relating to ‘‘DEPART- Mr. REYES. I yield to the gentleman vide for those needs. MENTAL ADMINISTRATION—OFFICE OF INSPEC- from California. Mr. Chairman, in the discussion, as I TOR GENERAL’’, insert at the end the fol- Mr. FILNER. Mr. Chairman, I want have mentioned and as my colleague, lowing: to just thank the gentleman for his the gentleman from California, has In addition, for ‘‘Office of Inspector Gen- comments, but also to thank the gen- also mentioned, the largest increase eral’’, $838,430 to provide an additional 10 em- tleman for holding a series of meetings ever in veterans’ medical care has been ployees for the Office of Inspector General across his district in El Paso. I was put in, but it is not on the heels of, as Hotline: Provided, That the Congress hereby able to attend a town hall meeting my colleague suggested, the largest de- designates the entire such amount as an with him. Representatives of the 60,000 crease in the history of veterans’ med- emergency requirement pursuant to section veterans that he has in his district ical care. 251(b)(2)(A) of the Balanced Budget and In fact, there has been no decrease. I Emergency Deficit Control Act of 1985: Pro- were there. vided further, That such amount shall be I would just say to the chairman, and have the budget figures before me. In available only to the extent of a specific dol- I am sure he is aware of this, the vet- 1996, which was the first budget that lar amount for such purpose that is included erans that I represent in San Diego, my party as the majority party was re- in an official budget request transmitted by the veterans that the gentleman rep- sponsible for, was $15.7 billion for the the President to the Congress and that is H7928 CONGRESSIONAL RECORD — HOUSE September 8, 1999 designated as an emergency requirement the Secretary has a better idea on how risdiction or for the use of the Department of pursuant to such section 251(b)(2)(A). to spend that than Congress does. Veterans Affairs, including planning, archi- Mr. FILNER (during the reading). So this is another legislative rider. tectural and engineering services, mainte- Mr. Chairman, I ask unanimous con- And I would suggest that this is micro- nance or guarantee period services costs as- managing the Veterans Affairs Depart- sociated with equipment guarantees pro- sent that the amendment be considered vided under the project, services of claims as read and printed in the RECORD. ment. We have given them an addi- analysts, offsite utility and storm drainage The CHAIRMAN pro tempore. Is tional $1.7 billion this year for health system construction costs, and site acquisi- there objection to the request of the care. It is the largest increase in his- tion, or for any of the purposes set forth in gentleman from California? tory for the Veterans Administration, I sections 316, 2404, 2406, 8102, 8103, 8106, 8108, There was no objection. remind my colleagues once again. 8109, 8110, and 8122 of title 38, United States Mr. WALSH. Mr. Chairman, I reserve I also remind my colleagues that we Code, where the estimated cost of a project a point of order against the gentle- have letters of support from the Vet- is less than $4,000,000, $102,300,000, to remain man’s amendment. erans of Foreign Wars who support this available until expended, along with unobli- level of funding, as we do from the gated balances of previous ‘‘Construction, The CHAIRMAN pro tempore. The minor projects’’ appropriations which are gentleman from New York (Mr. WALSH) American Legion who signed on to this level of funding who said it was more hereby made available for any project where reserves a point of order. the estimated cost is less than $4,000,000: Pro- Mr. FILNER. Mr. Chairman, I thank than adequate, and that it will provide vided, That funds in this account shall be the chairman of the subcommittee and the medical care that the veterans of available for: (1) repairs to any of the non- the ranking member, the gentleman our country need and are owed. medical facilities under the jurisdiction or So for that reason, I insist on my from West Virginia (Mr. MOLLOHAN), for the use of the Department which are nec- point of order. for allowing me to make the points essary because of loss or damage caused by The CHAIRMAN pro tempore. As that this process allows us to do. I sin- any natural disaster or catastrophe; and (2) stated by the Chair earlier today, a temporary measures necessary to prevent or cerely believe that all of us want to do proposal designating an appropriation to minimize further loss by such causes. better by our veterans, that we want to as emergency spending within the PARKING REVOLVING FUND see to it that our commitment is kept. meaning of budget-enforcement laws I know the gentleman from New York For the parking revolving fund as author- constitutes legislation in violation of ized by 38 U.S.C. 8109, income from fees col- (Mr. WALSH) believes that personally, clause 2 of rule XXI. lected, to remain available until expended, and would like to see that happen in- The point of order is sustained. The which shall be available for all authorized stitutionally. amendment is not in order. expenses except operations and maintenance We are governed, unfortunately, by The Clerk will read. costs, which will be funded from ‘‘Medical certain agreements in the past. I be- The Clerk read as follows: care’’. lieve those commitments were made in CONSTRUCTION, MAJOR PROJECTS GRANTS FOR CONSTRUCTION OF STATE error and that we should in effect look For constructing, altering, extending and EXTENDED CARE FACILITIES at the reality at the present time. improving any of the facilities under the ju- For grants to assist States to acquire or Again, this is just one last example risdiction or for the use of the Department of construct State nursing home and domi- of where we might improve our serv- Veterans Affairs, or for any of the purposes ciliary facilities and to remodel, modify or ices, less than $1 million to the office set forth in sections 316, 2404, 2406, 8102, 8103, alter existing hospital, nursing home and 8106, 8108, 8109, 8110, and 8122 of title 38, of Inspector General to provide for the domiciliary facilities in State homes, for fur- United States Code, including planning, ar- nishing care to veterans as authorized by 38 hotline that they have. Thousands of chitectural and engineering services, main- U.S.C. 8131–8137, $80,000,000, to remain avail- veterans, tens of thousands of veterans, tenance or guarantee period services costs able until expended. use this hotline. It is vastly under- associated with equipment guarantees pro- GRANTS FOR THE CONSTRUCTION OF STATE vided under the project, services of claims staffed. Most of the comments received VETERANS CEMETERIES and the situations described have to be analysts, offsite utility and storm drainage system construction costs, and site acquisi- For grants to aid States in establishing, referred rather than followed up by the tion, where the estimated cost of a project is expanding, or improving State veteran ceme- Office of Inspector General. $4,000,000 or more or where funds for a teries as authorized by 38 U.S.C. 2408, I would hope that this Congress could project were made available in a previous $11,000,000, to remain available until ex- fund additional monies to make sure major project appropriation, $34,700,000, to pended. that the frustration of our veterans remain available until expended: Provided, ADMINISTRATIVE PROVISIONS That except for advance planning of projects that we have heard from both sides of (INCLUDING TRANSFER OF FUNDS) the aisle be met, and that we fund this including market-based assessments of health care needs which may or may not lead SEC. 101. Any appropriation for fiscal year item. to capital investments funded through the 2000 for ‘‘Compensation and pensions’’, ‘‘Re- Once again, I do thank the chairman advance planning fund and the design of adjustment benefits’’, and ‘‘Veterans insur- and the ranking member for their cour- projects funded through the design fund, ance and indemnities’’ may be transferred to tesies and indulgence. This will be the none of these funds shall be used for any any other of the mentioned appropriations. last amendment, up until the point project which has not been considered and SEC. 102. Appropriations available to the provided for by the unanimous consent approved by the Congress in the budgetary Department of Veterans Affairs for fiscal year 2000 for salaries and expenses shall be agreement that the gentleman will process: Provided further, That funds provided in this appropriation for fiscal year 2000, for available for services authorized by 5 U.S.C. have to rise and make the point of each approved project shall be obligated: (1) 3109. order on, Mr. Chairman. by the awarding of a construction documents SEC. 103. No appropriations in this Act for POINT OF ORDER contract by September 30, 2000; and (2) by the the Department of Veterans Affairs (except Mr. WALSH. Mr. Chairman, I insist awarding of a construction contract by Sep- the appropriations for ‘‘Construction, major on my point of order against the tember 30, 2001: Provided further, That the projects’’, ‘‘Construction, minor projects’’, Secretary shall promptly report in writing amendment because it proposes to and the ‘‘Parking revolving fund’’) shall be to the Committees on Appropriations any available for the purchase of any site for or change existing law and constitutes approved major construction project in toward the construction of any new hospital legislation on an appropriation bill. which obligations are not incurred within or home. On this specific amendment, Mr. the time limitations established above: Pro- SEC. 104. No appropriations in this Act for Chairman, the gentleman is asking vided further, That no funds from any other the Department of Veterans Affairs shall be that the Committee on Appropriations account except the ‘‘Parking revolving available for hospitalization or examination and the Congress of the United States fund’’, may be obligated for constructing, al- of any persons (except beneficiaries entitled tering, extending, or improving a project under the laws bestowing such benefits to direct the Secretary to spend $838,000 which was approved in the budget process in a specific way. veterans, and persons receiving such treat- and funded in this account until one year ment under 5 U.S.C. 7901–7904 or 42 U.S.C. b 1615 after substantial completion and beneficial 5141–5204), unless reimbursement of cost is occupancy by the Department of Veterans This is a $44 billion bill. Now my col- made to the ‘‘Medical care’’ account at such Affairs of the project or any part thereof rates as may be fixed by the Secretary of leagues can imagine if we directed the with respect to that part only. Veterans Affairs. Secretary to spend every parcel of $500 CONSTRUCTION, MINOR PROJECTS SEC. 105. Appropriations available to the to $500,000 how long this process might For constructing, altering, extending, and Department of Veterans Affairs for fiscal take. The fact is, hopefully, ideally, improving any of the facilities under the ju- year 2000 for ‘‘Compensation and pensions’’, September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7929 ‘‘Readjustment benefits’’, and ‘‘Veterans in- cause of the loss of affordable housing stock, Act of 1937: Provided further, That the fee surance and indemnities’’ shall be available expiration of subsidy contracts (other than otherwise authorized under section 8(q) of for payment of prior year accrued obliga- contracts for which amounts are provided such Act shall be determined in accordance tions required to be recorded by law against under another heading in this Act), or expi- with section 8(q), as in effect immediately the corresponding prior year accounts within ration of use restrictions, or other changes before enactment of the Quality Housing and the last quarter of fiscal year 1999. in housing assistance arrangements, and for Work Responsibility Act of 1998: Provided fur- SEC. 106. Appropriations accounts available other purposes, $10,540,135,000 and all ther, That all balances for the section 8 rent- to the Department of Veterans Affairs for amounts that are recaptured in this account, al assistance, section 8 counseling, new con- fiscal year 2000 shall be available to pay and recaptured under the appropriation for struction sub-rehabilitation, relocation/re- prior year obligations of corresponding prior ‘‘Annual contributions for assisted housing’’, placement/demolition, section 23 conver- year appropriations accounts resulting from to remain available until expended: Provided, sions, rental and disaster vouchers, loan title X of the Competitive Equality Banking That from the amounts provided, the Sec- management set-aside, section 514 technical Act, Public Law 100–86, except that if such retary of Housing and Urban Development assistance, and programs previously funded obligations are from trust fund accounts shall use amounts, as needed, for assistance within the ‘‘Annual Contributions’’ account they shall be payable from ‘‘Compensation under the United States Housing Act of 1937 shall be transferred to this account, to be and pensions’’. (42 U.S.C. 1437) in connection with expiring available for the purposes for which they SEC. 107. Notwithstanding any other provi- or terminating section 8 subsidy contracts, were originally appropriated: Provided fur- sion of law, during fiscal year 2000, the Sec- for amendments to section 8 subsidy con- ther, That all balances previously recaptured retary of Veterans Affairs shall, from the tracts, for enhanced vouchers (including in the ‘‘Section 8 Reserve Preservation’’ ac- National Service Life Insurance Fund (38 amendments and renewals) as described in count shall be transferred to this account, to U.S.C. 1920), the Veterans’ Special Life Insur- the Administrative Provisions of this title, be available for the purposes for which they ance Fund (38 U.S.C. 1923), and the United for enhanced vouchers (including amend- were originally appropriated: Provided fur- States Government Life Insurance Fund (38 ments and renewals) as provided in para- ther, That the unexpended amounts pre- U.S.C. 1955), reimburse the ‘‘General oper- graphs (3) and (4) of section 515(c) of the Mul- viously appropriated for special purpose ating expenses’’ account for the cost of ad- tifamily Assisted Housing Reform and Af- grants within the ‘‘Annual Contributions for ministration of the insurance programs fi- fordability Act of 1997, and for enhanced Assisted Housing’’ account shall be recap- nanced through those accounts: Provided, vouchers (including amendments and renew- tured and transferred to this account, to be That reimbursement shall be made only from als) as provided under or pursuant to the available for assistance under the Act for use the surplus earnings accumulated in an in- ‘‘Preserving Existing Housing Investment’’ in connection with expiring or terminating surance program in fiscal year 2000, that are heading in the Departments of Veterans Af- section 8 subsidy contracts: Provided further, available for dividends in that program after fairs and Housing and Urban Development, That of the amounts previously appropriated claims have been paid and actuarially deter- and Independent Agencies Appropriations for property disposition within the ‘‘Annual mined reserves have been set aside: Provided Act, 1997: Provided further, That in the case Contributions for Assisted Housing’’ ac- further, That if the cost of administration of of enhanced vouchers provided under this count, up to $79,000,000 shall be transferred to an insurance program exceeds the amount of heading, if the income of the family receiv- this account, to be available for assistance ing assistance declines to a significant ex- surplus earnings accumulated in that pro- under the Act for use in connection with ex- tent, the percentage of income paid by the gram, reimbursement shall be made only to piring or terminating section 8 subsidy con- family for rent shall not exceed the greater the extent of such surplus earnings: Provided tracts: Provided further, That of the unex- of 30 percent or the percentage of income further, That the Secretary shall determine pended amounts previously appropriated for paid at the time of mortgage prepayment: the cost of administration for fiscal year carrying out the Low-Income Housing Pres- Provided further, That amounts available 2000, which is properly allocable to the provi- ervation and Resident Homeownership Act of under this heading may be made available sion of each insurance program and to the 1990 and the Emergency Low-Income Housing for section 8 rental assistance under the provision of any total disability income in- Preservation Act of 1987, other than amounts United States Housing Act of 1937 (1) to relo- surance included in such insurance program. made available for rental assistance, within cate residents of properties: (A) that are SEC. 108. Beginning in fiscal year 2000 and owned by the Secretary and being disposed the ‘‘Annual Contributions for Assisted thereafter, funds available in any Depart- of, or (B) that are discontinuing section 8 Housing’’ and ‘‘Preserving Existing Housing ment of Veterans Affairs appropriation or project-based assistance; (2) for relocation Investments’’ accounts, shall be recaptured fund for salaries and expenses shall also be and replacement housing for units that are and transferred to this account, to be avail- available to reimburse the Office of Resolu- demolished or disposed of: (A) from the pub- able for assistance under the Act for use in tion Management and the Office of Employ- lic housing inventory (in addition to connection with expiring or terminating sec- ment Discrimination Complaint Adjudica- amounts that may be available for such pur- tion 8 subsidy contracts. tion for all services provided by such office poses under this and other headings), or (B) AMENDMENT OFFERED BY MR. NADLER at rates which will recover actual costs. Pay- pursuant to section 24 of the United States Mr. NADLER. Mr. Chairman, I offer ments may be made in advance for services Housing Act of 1937 or to other authority for an amendment. to be furnished based on estimated costs. the revitalization of severely distressed pub- The Clerk read as follows: Amounts received shall be credited to the lic housing, as set forth in the Appropria- Amendment offered by Mr. NADLER: ‘‘General operating expenses’’ account for tions Acts for the Departments of Veterans Page 17, line 13, after the first dollar use by the office that provided the service: Affairs and Housing and Urban Development, amount insert the following: ‘‘(increased by Provided, That the amounts listed in the and Independent Agencies, for the fiscal $200,000,000)’’. House Report accompanying this Act for years 1993, 1994, 1995, and 1997, and in the Om- Page 22, line 9, after the first dollar each office and administration reimbursing nibus Consolidated Rescissions and Appro- amount insert the following: ‘‘(increased by the Office of Resolution Management and the priations Act of 1996; (3) for the conversion of $105,000,000)’’. Office of Employment Discrimination Com- section 23 projects to assistance under sec- Page 79, line 5, after the first dollar plaint Adjudication for service rendered tion 8 of the United States Housing Act of amount insert the following: ‘‘(reduced by shall not be exceeded. 1937; (4) for funds to carry out the family $305,000,000)’’. SEC. 109. The Secretary of Veterans Affairs unification program; and (5) for the reloca- may carry out a major medical facility tion of witnesses in connection with efforts Mr. NADLER. Mr. Chairman, this project to renovate and construct facilities to combat crime in public and assisted hous- amendment would add $200 million to at the Olin E. Teague Department of Vet- ing pursuant to a request from a law enforce- provide section 8 vouchers for 32,000 ad- erans Affairs Medical Center, Temple, Texas, ment or prosecuting agency: Provided further, ditional families and would further for a joint venture Cardiovascular Institute, That of the total amount available under provide an additional $105 million for in an amount not to exceed $11,500,000. In this heading, $25,000,000 may be made avail- order to carry out that project, the amount the Public Housing Operating Fund to able to nonelderly disabled families affected help our public housing authorities to of $11,500,000 appropriated for fiscal year 1998 by the designation of a public housing devel- and programmed for the renovation of Build- opment under section 7 of the United States maintain the safe, decent housing that ing 9 at the Waco, Texas, Department of Vet- Housing Act of 1937, the establishment of is in such short supply. erans Affairs Medical Center is hereby made preferences in accordance with section 651 of The underlying bill reneges on our available for that project. the Housing and Community Development national commitment to provide de- TITLE II—DEPARTMENT OF HOUSING Act of 1992, or the restriction of occupancy cent, affordable housing to those fami- AND URBAN DEVELOPMENT to elderly families, or the restrictions on oc- lies who cannot afford market rents PUBLIC AND INDIAN HOUSING cupancy to elderly families in accordance and specifically fails to fulfill the with section 658 of such Act: Provided further, HOUSING CERTIFICATE FUND promise that this Congress made to That amounts available under this heading (INCLUDING TRANSFERS OF FUNDS) may be made available for administrative poor families in the Quality Housing For activities and assistance to prevent fees and other expenses to cover the cost of and Work Responsibility Act of 1988. In the involuntary displacement of low-income administering rental assistance programs that act, we authorized 100,000 new sec- families, the elderly and the disabled be- under section 8 of the United States Housing tion 8 vouchers for fiscal year 2000. But H7930 CONGRESSIONAL RECORD — HOUSE September 8, 1999 the bill provides no funding for any of the country is in the midst of pro- I want to be clear. We had a press these authorized vouchers. longed economic prosperity. conference before, and someone said, In addition, the bill provides no in- The money for this amendment ‘‘well, are you not getting into the sit- crease above last year’s funding level, would be found by reducing the Space uation where you are defining as cuts a denying the administration’s $185 mil- Station allocation. But, nonetheless, failure to go up by as much.’’ No. In lion requested increase for public hous- the Space Station would still receive in this bill, we are talking, as people have ing authorities to make necessary re- this fiscal year over $2 billion. If his- acknowledged, about real cuts. pairs that are desperately needed in tory is to look back on this Congress as A couple of areas that we are talking public housing in this country. Fami- a decent Congress, we must provide for about now, we are talking about lies in need will suffer under this bill adequately housing our people. whether or not we are going to meet a for lack of these funds. Let us continue the legacy of FDR need. Absent this amendment, which The need for housing assistance re- and of this great Nation. I urge a ‘‘yes’’ authorizes new vouchers, there will be mains staggering. Over 5 million low- vote on this amendment. no addition to the number of subsidized income families pay more than 50 per- Mr. WALSH. Mr. Chairman, I rise in housing units available to people in cent of their incomes for rent or live in opposition to the amendment. that category. There are no new vouch- severely substandard housing. The Fed- Mr. Chairman, this amendment just ers. eral Government does not do enough to shows the difficulty of this bill. Cer- We know that housing needs will assist these families whose needs are tainly the items that the gentleman grow. Similarly, we have long la- desperate. from New York (Mr. NADLER) is correct mented public housing. Remember, the Franklin Delano Roosevelt spoke elo- that adequate funds are necessary for bad conditions in public housing are quently in 1944 of the fact, and I quote, section 8 housing and public housing not on the whole the fault of the people ‘‘True individual freedom cannot exist operating funds. But I would remind who live there. They are the fault of without economic security and inde- him that this bill provides almost $1 we, the society, that did not build ade- pendence. Necessitous men are not free billion more for section 8 housing quately. vouchers than last year. Let me repeat, men.’’ FDR was right. Every family de- We came up with a formula that is we have fully funded section 8 housing serves a decent home, or perhaps we no needed to run public housing well, and renewals for the year 2000. we shortchanged it. This is an amend- longer believe this to be true. Would he like more? Sure. Would I President Roosevelt’s commitment ment about 3, 4, 5 and 6 year olds and like more? Sure. But the fact is we had to provide decent, safe, affordable whether or not their housing will have to cut NASA by $1 billion to fully fund housing to those who could not afford adequate maintenance, adequate oper- section 8 vouchers. Mr. NADLER pro- ations. the rents in the private market poses a further dramatic reduction in I have not liked the Space Station. through no fault of their own contin- NASA, specifically in the Space Sta- But even if one does, can one justify ued through both Republican and tion. We have just rejected an amend- morally spending money so a dozen Democratic administrations. Richard ment that would basically eliminate people live in space, and the price of Nixon, Ronald Reagan, George Bush all the Space Station program. to some degree continued that commit- This $300 million deduction will do a that is hundreds of thousands of people ment. great deal of damage to a program that live in squalor? That is what my col- Two years ago, the majority in this is already substantially reduced. NASA leagues are talking about. The Space Congress decided to break that com- has sustained the largest cut in this Station for a few versus a mean and mitment. For the first time since the entire bill outside of AmeriCorps and dangerous and unhealthy existence for program began, no money at all was Selective Service. thousands and thousands of children. It provided for new section 8 vouchers. Therefore, I urge my colleagues to simply is not morally acceptable. I challenge anyone to argue that ten- oppose this amendment. Tough choices I said before I am going to engage in ant-based section 8 vouchers and public were made when we put together this one of the favorite practices of this housing do not achieve their goals. bill. But the subcommittee and the full body, I am going to quote myself. We Over a million families receive section committee weighed all of the items had a press conference, and I said, ‘‘I 8 vouchers. Section 8 allows families to within the bill EPA, NASA, HUD, VA, am going to acknowledge that I feel enter the private housing market and National Science Foundation, Federal overshadowed.’’ We do not like to choose where they want to live, helping Emergency Management Agency—and admit that. We do not like to be over- them to escape from the cycle of pov- we are spread thin. To take $300 mil- shadowed, but we do not like to admit erty and creating better income mixes lion out of NASA when it has already it. throughout our communities. been cut by $1 billion is a deep and I will admit that when I had my Thanks to section 8, families can af- cruel cut that I am not sure that they heart bypass operation over a month ford decent, safe housing, nothing ex- could handle. ago, I very much appreciate the col- travagant, and frankly sometimes not We have done our level best to pro- leagues on both sides of the aisle who very nice at all, but much better than vide funds for public housing. We have were generous and thoughtful, and without the section 8. done our level best to fully fund the they paid a lot of attention to me. But Millions of Americans reside in pub- section 8 program. For that reason, Mr. now I have been left behind. I got a lic housing. Public housing should not Chairman, I would urge my colleagues heart bypass operation from a couple of be synonymous with dilapidated hous- to reject the amendment. doctors. This bill gives a heart bypass ing. This amendment will allow 32,000 Mr. FRANK of Massachusetts. Mr. operation to America. I pale into insig- additional families to afford safe, de- Chairman, I move to strike the last nificance. What is 5 of my arteries cent housing through additional sec- word. compared to tens of thousands of 5 tion 8 vouchers. It is not asking for Mr. Chairman, I agree with the gen- year-olds who are going to live in much. I only ask that today we commit tleman from New York (Mr. WALSH), squalor? What does this mean when we to meet less than 1 percent of the need the subcommittee chairman, that he say no new vouchers? We do not care for affordable housing in our Nation. was given an impossible job, and he did how badly one is housed today. Second, the $105 million this amend- well at the impossible job. But there is Let me say to people who talk about ment would provide for housing main- a problem. When one is given an impos- in their districts to those in need, ‘‘Oh, tenance will not fix all the physical sible job, no matter how well one does, I am sorry for you, dear. Yeah, I will problems in public housing units, but it one comes up with an impossible prod- try to get you some housing. Oh, I am is at least a start. This amendment uct. sorry for you.’’ Well, this is the hon- would fund less than a third of the au- The gentleman from New York is a esty test. Because if this amendment thorized 100,000 new section 8 vouchers, very diligent and able and conscien- goes down, what my colleagues are say- but that, too, is a start. tious Member, but he is not a magi- ing to people is there will be no new Mr. Chairman, it is shameful that so cian. What we have is a budget which housing. There will be no improvement many Americans must continue to live substantially underfunds housing from public housing. There will be a de- in dilapidated and unsafe housing while needs. terioration. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7931 We have imposed on people in public The CHAIRMAN. Is there objection trying to do his best with HUD, and he housing a work requirement. We have to the request of the gentleman from should be commended for that, not tried to change the mix of income. Massachusetts? criticized for that. If anything, he There was no objection. b 1630 should be criticized for underfunding Mr. FRANK of Massachusetts. Mr. NASA and not for underfunding HUD. But how are we going to carry out Chairman, will the gentleman yield? Ms. PELOSI. Mr. Chairman, I move the policy of changing the mix of in- Mr. WELDON of Florida. I yield to to strike the requisite number of come if these places are badly run? We the gentleman from Massachusetts. words. have an acknowledgment that more Mr. FRANK of Massachusetts. Mr. Mr. NADLER. Mr. Chairman, will the money is needed to run public housing Chairman, I thank the gentleman for gentlewoman yield? than this bill provides, and we are yielding to me, because I know how im- Ms. PELOSI. I yield to the gentleman sending it to the space station. portant the space station is to him and from New York. Maybe the amendment should have to his district. Mr. NADLER. Mr. Chairman, I will been different. Maybe the gentleman I would say to my friend from New be very brief. No one claims that public from New York should have sent some York if he heard somebody mention the housing or Section 8 solves poverty. public housing tenants into the space President during my speech he must What Section 8 does, which is what we program. Maybe we ought to say that have been listening to the radio. I are talking about here, is to enable instead of living in squalor in some of would agree with him. The President’s people, working people for the most these places, we will create a kind of budget is inadequate. I hold no grief for part who are making minimum wage public housing unit in the sky. Maybe the President’s budget. I think the and who cannot afford decent housing that is what we should be looking at. President has made a grave error. All I in the open market, to afford decent HUD housing in the sky would prob- am saying is the gentleman has made housing. And that is a very elementary ably do better than public housing on bad worse. and human thing to do, and it is an ob- I do not care whose gimmick was the ground. Because that is where we ligation of ours to do. what gimmick. I do not want to go to are. We could not have pie in the sky. The other part of this amendment is a bunch of 5-year-old children and tell Maybe we can get I. M. Pei to be the to provide a little more money to en- them the reason they are living in public architect of public housing and able the public housing authorities to squalor is not so much the 1997 budget we will have Pei in the sky instead of stop the existing public housing from did not give us enough money and we pie in the sky. falling apart for lack of maintenance. gave it to the space station, it is the It is distressing. It is sad. And I un- And that too is at least as important as President’s gimmick. I do not care derstand the tough choices the gen- the space station. about either one of those. I am talking tleman was presented with. It is not Ms. PELOSI. Mr. Chairman, I thank about inadequacy. And the failure of his fault. It is the problem with this the gentleman from New York (Mr. the President to adequately do the job budget, and it is why I think we ought NADLER) for his leadership in bringing is no justification for our failure also to send the whole budget back and redo this very important amendment to the to adequately do the job. it so that we do not condemn the poor- Mr. WELDON of Florida. Reclaiming floor. I am very disappointed, and I est of the poor to this. my time, Mr. Chairman, I rise in joined my colleagues earlier in stating Mr. WELDON of Florida. Mr. Chair- strong opposition to the amendment that disappointment, at the funding man, I move to strike the requisite primarily for the source of the gentle- that is in the VA–HUD bill this year, number of words, and I rise in opposi- man’s offset. I understand the passions because of the cuts in affordable hous- tion to the amendment. that some people may feel on the issue ing. Mr. WALSH. Mr. Chairman, will the of public housing, though I would just The amendment of the gentleman gentleman yield? assert at this time in the debate that from New York, which funds $305 mil- Mr. WELDON of Florida. I yield to the reasons for poverty extend far be- lion for 50,000 new incremental Section the gentleman from New York. yond a lack of sufficient funding from 8 housing vouchers is an important Mr. WALSH. Mr. Chairman, I thank the Federal Government. one. Affordable housing is scarce and my friend and colleague from Florida The offset that this gentleman used getting scarcer. As one who represents for yielding to me. The point I wanted is coming out of the space station pro- a very high-cost area, in terms of hous- to have the opportunity to make is if gram, which I am very familiar with. ing, this amendment is essential. The we look at the budget request of the All the space station elements are amendment will provide 50,000 individ- President, there was enough funding in being checked out at Kennedy Space uals and families with affordable, safe the bill on paper to increase these pro- Center. Most of them have been built. and decent housing. grams. But if we look at the bill close- The foreign elements are arriving. The maker of the amendment very ly, we can see there is a $4.2 billion ad- They are ready to go up on the shuttle. eloquently laid out the justification for vance appropriation in there that some And the budget for the space station is the funding in his amendment, and I would refer to as a gimmick because it extremely tight. There is not elasticity would like to join him in that. A pre- looks like the President has increased that we can just come in and make this vious supporter of the amendment HUD’s budget when in reality the $4.2 kind of cut and they will continue to spoke, the gentleman from Massachu- billion is not available to be spent march on. What will happen, if this setts (Mr. FRANK), said he was going to until the year 2001. So if those funds goes through, is we will slow down the quote himself. And since he took that are not available in the year 2000, then progress on this thing and we will end point of personal privilege, I am going without that gimmick the President up adding to more cost overruns for the to quote my mother. When my mother would have had to show reductions in space station. was First Lady of Baltimore in the those same programs. We did it hon- Let me just finally add that this bill 1950s, her project was affordable hous- estly. We presented what we felt was a already has almost a billion dollar cut ing for working poor families. And she real budget with real money for real in NASA, and about $250 million of it used to say then, and I recall it very people and real programs. comes out of mission support. What is well, how can we teach children about If we are to compare apples with ap- mission support? Well, it funds the sal- love and respect and dignity if we do ples and throw out the $4.2 billion aries of all the people that are working not even provide them with a decent budget gimmick, we have put more to support programs like this, space place to live? It was true then, and it is money into housing than the President station. So we have very, very serious even truer now in this time of unprece- did. problems with the bill as it is in the dented economic prosperity for our Mr. FRANK of Massachusetts. Mr. NASA account, and to come along at country. Chairman, I ask unanimous consent this point and take another offset out With the stock market going past that the gentleman from Florida (Mr. of space station I have to very, very 11,000, with unemployment at record WELDON) have an additional minute so strongly oppose. lows, with inflation practically non- that I might respond and it would not I think the gentleman from New existent, it has been demonstrated that come out of his time. York has done a very generous job in a rising tide does not lift all ships. H7932 CONGRESSIONAL RECORD — HOUSE September 8, 1999 When we have people who work full However, I part company with the gen- The way to solve this problem is to ac- time making the minimum wage who tleman and his good intentions when knowledge it publicly and get about cannot afford a decent place to live for he proposes to cut the appropriation doing it and getting adequate funding their families, then it is important for for the space station. in these programs and not to proceed us to have adequate funding for the We have already had a lengthy de- to assume surpluses that do not exist Section 8 voucher. bate about the space station in connec- with large tax cuts, as this House Our budget, Mr. Chairman, as we tion with the Roemer amendment, and passed a month or so ago. have said over and over again, our fed- I will not repeat all my arguments We cannot pit tax cuts against do- eral budget should be a statement of again now. Let me simply say the sta- mestic discretionary programs that are our national values, and we have to tion is an important part of a program woefully underfunded and at the same make some important choices as we that will offer valuable scientific and time allow the budget extremists to consider spending. We have to be fis- technological benefits. Perhaps even allow these programs, these domestic cally responsible. We all agree to that. more to the point, Congress has repeat- discretionary programs that so des- But we also have to get back to basics. edly voted to proceed with this project; perately need funding that prove them- What is more basic than a decent place and, if the voice vote we heard today is selves that have widespread support, as to live for America’s families? Espe- any indication, is still doing so. we hear on the floor, to start trying to cially those who toil at a wage which I The space station is now coming to cannibalize each other. That is a proc- wish would be higher, but it is not, and fruition, with the first two components ess that I regret. it creates a need for some public inter- on orbit in the next awaiting launch. Mr. Chairman, I regretfully oppose vention in the form of the Section 8 We should stand by our earlier deci- the amendment but look forward to voucher. sions and let the program proceed, working with the gentleman to try to So I believe it is a statement of the rather than jeopardizing investments get additional funding in this bill so values of the American people to pre- already made by the United States and that we can fund adequately the pro- vent homelessness. I think it is a state- its international partners. The $305 gram that he is fighting for so hard and ment of values of the American people million cut proposed by the gentleman so effectively. that America’s children have a decent certainly would hamper progress on Mr. SENSENBRENNER. Mr. Chairman, I place to live. I think dignity and re- the space station. It would disrupt the rise in opposition to Mr. NADLER'S amendment. spect are important values for the current assembly schedule, raise costs It's an overused colloquialism, but this American people and that funding in in the long run, of course, and delay amendment is penny-wise and pound-foolish. our Federal budget should reflect that the point at which the station is per- If you don't like the Space Station and want to priority that the American people give manently occupied and scientific ex- set our human spaceflight program back dec- it. And that dignity is that which periments begin. ades, vote to kill the Space Station. the Roe- comes when a family can have a decent But more fundamentally, Mr. Chair- mer/Sanford amendment is intellectually hon- place to live; where children at school man, I reject the notion that we have est in making this choice. Sadly, the amend- can say I am going home now. And to choose between science and housing. ment before us now offers a false choice. It home does not mean a homeless shelter I think we can and must do an ade- creates the illusion of savings by reducing a or something worse. Home means quate job on both fronts, and on many program budget, but the amendment will only home, and in many cases homes that others as well. The reason that housing increase our costs in the future when NASA would be provided by the Section 8 is underfunded in this bill is not be- has to work overtime to make up for near-term vouchers. cause the NASA budget is crowding it budget shortfalls. So I thank and commend personally, out. Rather, this bill cuts the NASA Last year, the Committee on Science re- politically, civically, officially, and in budget by $1 billion below the prior ceived testimony from the Chairman of the every way the gentleman for his impor- year’s level. The NASA budget. It is Cost Assessment and Validation Task Force, tant amendment and urge my col- cut by $1 billion in this bill below last which NASA created at the request of Con- leagues to support the Nadler amend- year. A cut roughly comparable in dol- gress. The Chairman of the Task Force, Jay ment. lar terms and larger in percentage Mr. MOLLOHAN. Mr. Chairman, I Chabrow, testified that Space Station costs terms than the cut in the HUD’s budg- had grown because the Administration under- move to strike the requisite number of et, as bad as the cut is in the HUD words, and I rise in opposition to the funded the program. The gentleman from New budget. So we must oppose any further York's amendment would worsen that problem amendment. cuts to NASA even if done in order to Mr. Chairman, I have absolutely no by cutting $305 million from the space station restore some cuts in housing, just as I account. Such a cut promises to increase Sta- disagreement with the gentleman’s ob- would oppose any further cuts in hous- jective of adding funds for incremental tion costs in the future. ing to restore cuts in NASA. Mr. Chairman, we all know that the sooner Section 8 housing assistance vouchers The proper solution here is not cut- we fix a problem the cheaper it is to fix. The in fiscal year 2000. Quite the contrary. ting one underfunded program to take only way to fix problems now and prevent I support this objective and will do all care of another, but seeking to ensure them from growing in the future is to provide I can to bring it about by the time this that this bill has enough funding avail- NASA with enough resources to do the job bill becomes law. able to address needs in all the pro- we're asking it to do. If you support the Space These vouchers are badly needed. grams it covers. An unrealistic budget Station, and the vote margins of the last few HUD’s latest housing needs report tells resolution that was passed by a major- years make it clear you do, then you should us that there are more than 5 million ity of this House, promoted and pushed reject this amendment. very low income families paying more by the majority leadership, pits advo- The CHAIRMAN pro tempore (Mr. than half their income for rent or liv- cates for good programs against each PEASE). The question is on the amend- ing in seriously substandard housing other. The budget extremists win when ment offered by the gentleman from and yet receiving no federal housing their victims start competing against New York (Mr. NADLER). assistance. Last year’s VA-HUD bill one another. The real solution here is The question was taken; and the provided funds for 50,000 additional to openly acknowledge that we need to Chairman pro tempore announced that housing vouchers to help make a small raise these budget caps, as we have ac- the noes appeared to have it. dent in this backlog of needs. I think it knowledged de facto by robbing other Mr. NADLER. Mr. Chairman, I de- is unfortunate the bill now before us is subcommittees to pump up the funding mand a recorded vote. unable to provide any funds for new in the ones that are being brought to vouchers. the floor so that the subcommittee, The CHAIRMAN pro tempore. Pursu- I also support the gentleman’s effort particularly Labor-HHS that is left be- ant to House Resolution 275, further to add funds to public housing oper- hind, is woefully underfunded. proceedings on the amendment offered ating subsidies. I think that there is by the gentleman from New York (Mr. b widespread agreement that additional 1645 NADLER) will be postponed. funding is needed to allow this housing That is an implicit, de facto acknowl- The Clerk will read. to be maintained in decent conditions. edgment that we have raised the caps. The Clerk read as follows: September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7933 PUBLIC HOUSING CAPITAL FUND to last year’s level by increasing the ants out of our Nation’s waters. The (INCLUDING TRANSFERS OF FUNDS) amount in the bill for this account by Association of Metropolitan Sewage For the Public Housing Capital Fund Pro- $241 million. Agencies estimates that need at more gram to carry out capital and management Finally, my amendment would add than $300 billion. activities for public housing agencies, as au- $112 million to the Science, Aero- Yet the President’s budget actually thorized under section 9 of the United States nautics, and Technology Account and Housing Act of 1937, as amended (42 U.S.C. cut the funding for these programs 1437), $2,555,000,000, to remain available until partially restore this to last year’s which States and localities depend expended: Provided, That of the total level. upon to protect the environment and amount, up to $50,000,000 shall be for car- Mr. Chairman, I am committed to public health. rying out activities under section 9(d) of fully restoring NASA’s budget; and I look forward to continuing to work Now, I am not suggesting that the such Act, and for lease adjustments to sec- President is for pollution and is not tion 23 projects, including up to $1,000,000 for with the chairman of the sub- related travel: Provided further, That all bal- committee in restoring NASA’s fund- sympathetic to veterans. That is non- ances for debt service for Public and Indian ing. sense. Of course the President is con- Housing and Public and Indian Housing Now, I understand the concern of the cerned about veterans, and of course he Grants previously funded within the ‘‘An- gentleman from New York (Mr. is concerned about the environment. nual contributions for assisted housing’’ ac- WALSH), the chairman of the sub- What I am saying and very emphati- count shall be transferred to this account, to cally and providing evidence to prove be available for the purposes for which they committee, about my amendment; and, were originally appropriated. for that reason, I understand his point the case is that the Walsh committee AMENDMENT OFFERED BY MR. WELDON OF of order and I will withdraw my amend- examined the President’s budget re- FLORIDA ment. But I am looking forward to en- quest and in these 2 areas, providing Mr. WELDON of Florida. Mr. Chair- gaging the gentleman from New York for veterans assistance and providing man, I offer an amendment. in a colloquy later and working with for the Environmental Protection The Clerk read as follows: him in the process of restoring the Agency, did a better job and, therefore, Amendment offered by Mr. WELDON of NASA fund. they are to be commended. Florida: Mr. Chairman, I ask unanimous con- So I am proud to support this prod- Page 21, line 20, after the dollar amount, sent to withdraw my amendment. uct. I know how tough it is. I know insert the following: ‘‘(reduced by The CHAIRMAN pro tempore. Is $445,000,000)’’. that in many areas we want more Page 79, line 5, after the dollar amount, in- there objection to the request of the money and we wish that we can wave sert the following: ‘‘(increased by gentleman from Florida? the magic wand and create those extra $92,000,000)’’. There was no objection. Mr. BOEHLERT. Mr. Chairman, I dollars instantly. We would do more. Page 79, line 19, after the dollar amount, But I think we are doing a very good insert the following: ‘‘(increased by move to strike the last word. $112,000,000)’’. Mr. Chairman, I have been listening job, and I think the leadership of the Page 80, line 14, after the dollar amount, very attentively to the debate today. I gentleman from New York (Chairman insert the following: ‘‘(increased by want to congratulate the sub- WALSH) is to be commended and ac- $241,000,000)’’. committee, under the leadership of my knowledged. Mr. WELDON of Florida (during the good friend and colleague the gen- Mr. Chairman, I am also pleased that reading). Mr. Chairman, I ask unani- tleman from New York (Mr. WALSH), this bill provides almost $106 million mous consent that the amendment be for the way that they have been able to more than the President requested for considered as read and printed in the balance the priorities within tight the Environmental Protection Agency RECORD. budget caps. It is not easy. We all know (EPA). Much of the increase over the The CHAIRMAN. Is there objection that. But I will tell my colleagues this, request is devoted to the State Revolv- to the request of the gentleman from the Walsh product is something that ing Funds, which are overseen by the Florida? House Subcommittee on Water Re- There was no objection. all of us can be proud of. Mr. MOLLOHAN. Mr. Chairman, I re- We have just spent a couple of hours sources and Environment, which I serve a point of order against the discussing veterans assistance. I am a chair. amendment offered by the gentleman concerned veteran myself so, obvi- The EPA itself has estimated that ously, I am very interested in this de- from Florida (Mr. WELDON). about $200 billion will be needed over Mr. WALSH. Mr. Chairman, I reserve bate. I want to point out that a large the next 20 years to ensure that out a point of order against the amend- portion of the bill’s funding, $44.1 bil- local sewage systems are doing an ade- ment offered by the gentleman from lion, supports the Department of Vet- quate job of keeping sewage and other Florida (Mr. WELDON). erans Affairs’ efforts to provide funding pollutants out of our nation’s waters, Mr. WELDON of Florida. Mr. Chair- for important health, housing, edu- and the Association of Metropolitan man, my amendment would shift $445 cation, and compensatory benefits to Sewerage Agencies (AMSA) estimates million from the Department of Hous- military veterans and their depend- the need at more than $300 billion. Yet ing and Urban Development Capital ents. the President’s budget actually cut the Fund Account to NASA which is fund- This is $1.5 billion more than the cur- funding for these programs, which ed at a woefully inadequate level in rent fiscal year and $1.6 billion more states and localities depend upon to this bill. than the President’s request. I think protect the environment and public Mr. Chairman, my amendment would that is very good, and the gentleman health. This bill restores funding for simply result in bringing the budget from New York (Chairman WALSH) is to the revolving funds and begins to make for HUD’s Capital Fund Account to a be congratulated. a downpayment on our future needs. I also am particularly pleased that level equal to the budget request sub- I congratulate the Chairman on put- this bill provides almost $106 million mitted by the Clinton administration ting money where it is most needed. more than the President requested for over the past 2 years. This bill uses its limited allocation the Environmental Protection Agency. While the funding level of HUD’s Cap- wisely. I urge its support. ital Fund in the bill before us is equal Much of the increase over the request Ms. LEE. Mr. Chairman, I move to to the administration’s request, it is is devoted to the State revolving funds, strike the last word. important to note that last year’s Con- and we all know how important they gress provided $445 million more than are to all of our governors and all of Mr. Chairman, my constituents and I the request of the administration for our communities. They are overseen by have been anxiously awaiting the VA- this account. the House Subcommittee on Water Re- HUD appropriations to be presented to My amendment shifts this $445 mil- sources and Environment, which I am the entire House. We have been watch- lion to partially restore NASA’s budg- privileged to chair. ing and have received some of the pre- et. Specifically, my amendment would The EPA itself has estimated that liminary reports in the latest bill with shift $92 million to human space flight about $200 billion, that is ‘‘billion’’ dread. to fully restore this account in the fis- with a ‘‘b,’’ will be needed over the Just in my district alone, one of the cal 1999 level. next 20 years to ensure that our local highest housing cost areas in the coun- My amendment would also fully re- sewage systems are doing an adequate try, we lose over $12 million and hun- store NASA’s Mission Support Account job of keeping sewage and other pollut- dreds and hundreds of jobs. We H7934 CONGRESSIONAL RECORD — HOUSE September 8, 1999 are appalled with the proposed cuts, all Fair Housing program to reduce dis- motivator space exploration is to their of the proposed cuts. crimination by $2.5 million and home- children. I think this is an outstanding However, I want to focus very quick- ownership partner programs by $20 mil- tribute of what a value science is to ly now on what the bill does to our lion. our Nation. housing programs. As a member of the Racism is alive and well in America. Would the chairman of the sub- Subcommittee on Housing and Commu- We need to increase, not reduce, our ef- committee agree with me that NASA nity Opportunities of the Committee forts to eliminate discrimination from has been and will continue to be a sig- on Banking and Financial Services, I the face of this country. nificant national priority and that am acutely aware of the enormous I remember the promises of a bipar- NASA will continue to be a priority housing needs of this country and of tisan approach earlier this session with with him and with this Congress, and my constituents and of the efforts the election of the new Speaker. But would he also agree that minimizing made by our economy to respond to our this is not a bipartisan bill. This is a NASA’s budget reductions as much as national housing crisis. bill that is meant to be confrontational possible during conference will be a Housing costs in the San Francisco- and to move us to an ever-increasing priority with him? Oakland Bay Area are particularly crisis point. I would urge and ask the sub- alarming. Housing costs are reaching These proposed cuts are certain to committee chairman to do all that he astronomical heights and are becoming create more homelessness and more can between now and conference to ad- increasingly impossible for moderate hopelessness, which leads to despair. dress this budget shortfall. wage earners to meet. The working This is wrong. This is immoral in a Mr. WALSH. Mr. Chairman, will the poor and disabled are in greater jeop- land of plenty. There are too many un- gentleman yield? ardy than ever. acceptable items in this bill, and I ask Mr. WELDON of Florida. I yield to In this best of all economic times for my colleagues to reject it. the gentleman from New York. some and the worst of times for many, Mr. WELDON of Florida. Mr. Chair- Mr. WALSH. Mr. Chairman, I thank why are the Republicans cutting the man, I move to strike the last word. the gentleman for yielding to me for bare necessities for keeping the poorest Mr. Chairman, I rise to engage the the purpose of this colloquy. I appre- of our working people working and subcommittee chairman, my good ciate very much the many discussions those who absolutely cannot survive friend from New York (Mr. WALSH), in that we have had regarding NASA over without help, why are we cutting their a colloquy regarding the NASA provi- the past several months. I understand bare bones of housing and the economic sions in the bill before us. the serious concerns of the gentleman opportunities to reach some level of I acknowledge and respect the fact about the level of funding. self-sufficiency? that my friend from New York was Having visited the constituency of Those who wave the flag of family given a very difficult budget alloca- the gentleman in Florida and visited values yet gut the basic safety net of tion. Being fiscally responsible, by def- the Kennedy Space Center and met families should really be exposed. inition, is not an easy proposition. Mil- with the leadership there, I was deeply These cuts do not create family sta- lions of Americans know that they do impressed by the scope and breadth of bility. They create family dislocation that every year with their family budg- knowledge that he has in the NASA and upheaval. I do not understand the et. area. So I very much respect his point level of meanness in this highest legis- Nonetheless, as we attempt to of view on this. lative body of the most powerful nation prioritize each title and agency within on Earth. These cuts are hypocritical each bill, we need to take a step back b 1700 and go against the very core of our and look at what we have wrought. I creed of liberty and justice for all. remain very concerned about the ad- I certainly understand the concerns, We kick people off of welfare and tell verse impact this bill would have on and I can assure the gentleman that I them to be independent, yet we destroy NASA and its ability to lead the world will work with him and other leaders the basic support system that they in space exploration and technology de- in our Nation’s space program to see need for self-sufficiency. What do we velopment. that the NASA budget is further ac- suppose will be the outcome? The Human Space Fleet account is commodated in conference. A New York Times report from this funded at $92 million below last year’s NASA is very important to this Na- weekend quoted a study. It showed and level. Mission Support is at $241,800,000 tion, and I appreciate the leadership demonstrated that in the last 2 years below last year’s level. And the that the gentleman has shown in ad- the poorest 20 percent of these families Science, Aeronautics and Technology dressing our Nation’s space issues. I ap- lost an average of $577 a year, with in- account is $678,200,000 below last year’s preciate the gentleman’s commitment comes falling over $8,000. They had left level. to continuing to work with me between welfare but had not made up the lost These are far-reaching reductions now and the beginning of the fiscal benefits with wages. that would have significant impact on year on October 1 to improve the budg- The situation was worse for the poor- the NASA team and the science it does et picture of NASA. est 10 percent, who lost an average of for a long time to come. Mr. WELDON of Florida. I appreciate $814 a year. A clear majority of Ameri- I am sure the chairman would con- the gentleman’s commitment and I cans also do not want tax cuts if it clude, as do I, that NASA’s work look forward to working with him on means ignoring our public school sys- should be a priority with this Nation this matter of critical importance to tem, if it means ignoring reducing because of the huge benefit and payoff our Nation and my constituency at crime, protecting Social Security, we as Americans receive from such an Kennedy Space Center. Medicare, and about protecting our en- investment. At the core of that invest- Mr. WALSH. I also would like to take vironment. ment is man’s interaction with space, this opportunity to thank the gen- I ask our colleagues to vote against our need for revelation and new dis- tleman and his colleague, the gen- this VA-HUD appropriations bill that covery. Human involvement in space is tleman from Florida (Mr. MCCOLLUM), provides no new housing support and a mere 40 years old, not even a genera- for their leadership with the East-Cen- which seriously underestimates the tion. We cannot extinguish this noble tral Florida veterans inpatient pilot cost of housing renewal efforts in our quest in a manner that might be ques- program. When I visited Brevard Coun- country. I ask my colleagues to vote tioned by others after us. ty earlier this year, I was briefed on against this bill, which undercuts by While the usual debate over NASA the successes of the pilot program and $450 million the maintenance of present funding includes much technical and the possibility it holds for improving public housing stock. scientific discussion, I must stress that veterans health care in other parts of I ask my colleagues to vote against NASA has a value that goes beyond the the country. this bill which deletes and reduces temporal. NASA has a unique ability The committee looks forward to the homeless programs and funds by over to inspire our children. Every time I continued success of the program and a $45 million. I ask my colleagues to vote talk with a teacher about space, they report from the Veterans Administra- against this bill because it cuts the always stress to me how much of a tion about the aspects and benefits of September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7935 the East-Central Florida patient pilot of the Native American Housing Assistance ing opportunities for persons with program. and Self-Determination Act of 1996 AIDS, or HOPWA program. This does Mr. WELDON of Florida. I thank the (NAHASDA) (Public Law 104–330), not represent new funding but seeks gentleman for his comments and his $620,000,000, to remain available until ex- merely to maintain last year’s funding support for this pilot program. I have pended, of which $6,000,000 shall be used to support the inspection of Indian housing level. The HOPWA program, which en- received very positive feedback from units, contract expertise, training, and tech- joys wide bipartisan support, is the veterans, my constituents who have nical assistance in the oversight and man- only federal housing program that pro- been served under this program, and I agement of Indian housing and tenant-based vides cities and States with the re- look forward to the continued delivery assistance, including up to $100,000 for re- sources to address specifically the of services in this way, and I thank the lated travel: Provided, That of the amount housing crisis facing people with AIDS. subcommittee chairman. provided under this heading, $6,000,000 shall Currently, HOPWA is helping nearly The CHAIRMAN pro tempore (Mr. be made available for the cost of guaranteed 75,000 people in over 41,000 housing notes and other obligations, as authorized by PEASE). The Clerk will read. units. These people live in over 100 The Clerk read as follows: title VI of NAHASDA: Provided further, That such costs, including the costs of modifying communities across 37 States, plus the PUBLIC HOUSING OPERATING FUND such notes and other obligations, shall be as District of Columbia and Puerto Rico. For payments to public housing agencies defined in section 502 of the Congressional Mr. Chairman, individuals with AIDS for the operation and management of public Budget Act of 1974, as amended: Provided fur- are living longer and more productive housing, as authorized by section 9(e) of the ther, That these funds are available to sub- lives. According to a new report, AIDS United States Housing Act of 1937, as amend- sidize the total principal amount of any deaths have fallen dramatically in re- ed (42 U.S.C. 1437g), $2,818,000,000, to remain notes and other obligations, any part of available until expended. cent years from roughly 50,000 4 years which is to be guaranteed, not to exceed ago to 17,000 last year. We owe these DRUG ELIMINATION GRANTS FOR LOW-INCOME $54,600,000: Provided further, That for admin- HOUSING istrative expenses to carry out the guaran- encouraging statistics to new and ef- (INCLUDING TRANSFERS OF FUNDS) teed loan program, up to $200,000 from fective drug therapies. We have made For grants to public housing agencies and amounts in the first proviso, which shall be great strides in the treatment but most Indian tribes and their tribally designated transferred to and merged with the appro- of these therapies require a stable liv- housing entities for use in eliminating crime priation for ‘‘Salaries and expenses’’, to be ing environment. They usually involve in public housing projects authorized by 42 used only for the administrative costs of a strict regime built around regular U.S.C. 11901–11908, for grants for federally as- these guarantees. meals and a regular schedule. Medica- sisted low-income housing authorized by 42 INDIAN HOUSING LOAN GUARANTEE FUND tion must be refrigerated and often U.S.C. 11909, and for drug information clear- PROGRAM ACCOUNT inghouse services authorized by 42 U.S.C. must be taken on a rigid time stable. (INCLUDING TRANSFER OF FUNDS) 11921–11925, $290,000,000, to remain available HOPWA provides a stable housing situ- until expended, of which up to $4,500,000 shall For the cost of guaranteed loans, as au- ation in which individuals can get the be for grants, technical assistance, contracts thorized by section 184 of the Housing and treatment they need and can have the and other assistance, training, and program Community Development Act of 1992 (106 regularity in their lives and their assessment and execution for or on behalf of Stat. 3739), $6,000,000, to remain available until expended: Provided, That such costs, in- schedules that they need. To deny this public housing agencies, resident organiza- to people living with AIDS would be an tions, and Indian tribes and their tribally cluding the costs of modifying such loans, designated housing entities (including up to shall be as defined in section 502 of the Con- unacceptable cruelty. $150,000 for the cost of necessary travel for gressional Budget Act of 1974, as amended: As the success of HOPWA grows, so participants in such training); $10,000,000 Provided further, That these funds are avail- too does the need for funding. Nine new shall be used in connection with efforts to able to subsidize total loan principal, any communities joined HOPWA in 1999. At combat violent crime in public and assisted part of which is to be guaranteed, not to ex- least five more are expected to do so in housing under the Operation Safe Home Pro- ceed $71,956,000. 2000. Add to these figures the 40,000 new In addition, for administrative expenses to gram administered by the Inspector General AIDS cases each year and available of the Department of Housing and Urban De- carry out the guaranteed loan program, up velopment; and $10,000,000 shall be provided to $150,000 from amounts in the first para- funding will be spread even thinner. As to the Office of Inspector General for Oper- graph, which shall be transferred to and I said, funding for this program ought ation Safe Home. merged with the appropriation for ‘‘Salaries to be increased but at the very least it REVITALIZATION OF SEVERELY DISTRESSED and expenses’’, to be used only for the ad- should not be cut below existing levels. PUBLIC HOUSING (HOPE VI) ministrative costs of these guarantees. As for the offset, this amendment For grants to public housing agencies for COMMUNITY PLANNING AND DEVELOPMENT would cut $10 million from the $246 mil- demolition, site revitalization, replacement HOUSING OPPORTUNITIES FOR PERSONS WITH lion appropriation for the National housing, and tenant-based assistance grants AIDS Science Foundation’s Polar and Ant- to projects as authorized by section 24 of the For carrying out the Housing Opportuni- arctic Research Fund, a very small re- United States Housing Act of 1937, ties for Persons with AIDS program, as au- duction. I should note that there are 12 $575,000,000 to remain available until ex- thorized by the AIDS Housing Opportunity other agencies that also support ant- pended of which the Secretary may use up to Act (42 U.S.C. 12901), $215,000,000, to remain $10,000,000 for technical assistance and con- arctic research so we would not be available until expended: Provided, That the greatly hindering this research. tract expertise, to be provided directly or in- Secretary may use up to .5 percent of the directly by grants, contracts or cooperative funds under this heading for technical assist- With this amendment, we would do agreements, including training and cost of ance. minimal damage to long-term research necessary travel for participants in such goals while significantly improving the AMENDMENT OFFERED BY MR. NADLER training, by or to officials and employees of Mr. NADLER. Mr. Chairman, I offer lives of individuals with AIDS who des- the Department and of public housing agen- perately need our help now. I urge the cies and to residents: Provided, That for pur- an amendment. poses of environmental review pursuant to The Clerk read as follows: adoption of this amendment. Mr. Chairman, I yield to the gen- the National Environmental Policy Act of Amendment offered by Mr. NADLER: 1969, a grant under this heading or under Page 26, line 6, after the first dollar tleman from Connecticut (Mr. SHAYS). prior appropriations Acts for use for the pur- amount insert the following: ‘‘(increased by Mr. SHAYS. Mr. Chairman, I rise to poses under this heading shall be treated as $10,000,000)’’. support the amendment of the gen- assistance under title I of the United States Page 82, line 23, after the first dollar tleman from New York (Mr. NADLER) Housing Act of 1937 and shall be subject to amount insert the following: ‘‘(reduced by and the gentleman from New York (Mr. the regulations issued by the Secretary to $10,000,000)’’. CROWLEY) and am happy to be a part of implement section 26 of such Act: Provided Mr. NADLER. Mr. Chairman, before I it. This very modest $10 million in- further, That none of such funds shall be used directly or indirectly by granting competi- begin, I would like to thank my col- crease is vital. It will allow thousands tive advantage in awards to settle litigation league, the gentleman from Con- of people living with HIV/AIDS to live or pay judgments, unless expressly permitted necticut (Mr. SHAYS), and my col- longer and healthier lives. It is crucial herein. league, the gentleman from New York that the Federal Government continue NATIVE AMERICAN HOUSING BLOCK GRANTS (Mr. CROWLEY), for joining me in offer- to address the AIDS epidemic by in- (INCLUDING TRANSFER OF FUNDS) ing this amendment. vesting in this program, and I sincerely For the Native American Housing Block Mr. Chairman, this amendment believe cutting the funds to HOPWA Grants program, as authorized under title I would restore $10 million to the hous- would be a mistake. H7936 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Between one-third and half of all peo- which would make it back even with treatment regime that requires strict ple living with HIV/AIDS are currently the omnibus level. timetables and strict diets. Over the homeless or in imminent danger of be- The difficulty is where do they find past 3 years, CDC has reported a steep coming so. Sixty percent of all people the money? And they went all the way decline in AIDS. A decrease in deaths living with AIDS will face a housing to Antarctica to find it. It seems like a and the longer life spans of individuals crisis at some point in their lives. good place to go to find money for with AIDS is a positive step resulting While there is reason for hope with new Americans who are in need, but it does from nonstop research and advances in AIDS treatment and research, the bat- do harm to our scientific work in Ant- medications. Research and funding tle against HIV/AIDS is far from over. arctica. needs to be continued to effectively The World Health Organization an- We have reduced funding for the Na- combat this deadly disease. nounced in May that AIDS is now the tional Science Foundation by over $200 Now that we have had the break- world’s most deadly infectious disease. million. That is the last thing that I throughs in the treatment of HIV and The good news is people living with wanted to do in this bill but, again, the delaying the onset of full-blown AIDS, AIDS are living longer and more pro- balance that we had to strike was very, we must concentrate more of our ef- ductive lives, but this means care-giv- very fragile, very, very difficult. We forts on preservation, treatments and ing services are needed now more than literally are borrowing from Peter to assistance programs. With the longer ever. Given the 57,000 new cases of pay Paul here. life span comes the need for more as- AIDS in the period between March of What does this do to Antarctica? The sistance, both in medical care and in 1997 and March of 1998, the already long National Science Foundation’s Ant- housing. waiting lists in the new jurisdictions arctic program is this Nation’s way of Lifesaving drugs are costly, forcing competing for these much needed exercising a peaceful, scientifically many people to decide between essen- funds, it’s essential that we add this $10 productive and critically important tial medicines and other necessities, million. year-round influential presence on this such as food and housing. Daily costs for persons with AIDS in continent. No person should have to choose be- As in every other part of the world, acute care facilities are $1,085, while tween extending their life or keeping a there are political considerations. the daily cost to HOPWA community roof over their head, and the fact is There are territorial claims to this housing ranges from only $40 to $100. without adequate housing and nutri- land that if the United States does not Providing services in acute care facili- play its important role as honest tion it is extremely difficult for indi- ties equals more than 10 times the cost broker, we could conceivably have viduals to benefit from these new of providing housing and services in some political difficulty there in that treatments. residential settings. It is a mistake to remotest of all parts of the world. Sadly, we here in Congress are now do that. We should provide this $10 mil- We have also made commitments to considering cutting funds from a pro- lion for HOPWA. It’s cost-effective and our foreign partners in continuing this gram that actually saves lives. HOPWA it’s compassionate. research, and the work that is being programs provide rental assistance, Again, I thank my colleagues for of- done there is very important to our mortgage assistance, utility payment fering this amendment. overall earth science effort. Lord assistance, information on low income Mr. NADLER. Mr. Chairman, I thank knows we have affected our Earth housing opportunities and technical the gentleman from Connecticut (Mr. science in the NASA budget also. support and assistance with planning SHAYS) for his support. I simply want So I would again reluctantly oppose and operating community residences. to add again that the funding in the this amendment. I understand the These important services assist indi- offset is $246 million plus 12 other agen- goodwill of all involved, but it really viduals and families financially, not cies doing Antarctic research. This is does do damage to our scientific effort. forcing them to choose between hous- taking $10 million from that for keep- And by level funding HOPWA from the ing and medicine. ing the existing level of funding for 1999 level and providing level funding Currently, HOPWA benefits 75,000 HOPWA in the face of the greatly in- in disabled housing, I think we have people and 41,000 housing units. creased need. With more and more done the best that we can. HOPWA is the only federal housing communities coming into the program, Mr. CROWLEY. Mr. Chairman, I program addressing the housing crisis and seeking funds from the Federal move to strike the last word. facing people with AIDS. Government, I would hope we can have Mr. Chairman, I have a great deal of Another problem is that many people bipartisan support, thorough bipar- respect for my colleague, the gen- with AIDS can no longer afford their tisan support, for voting for the tleman from New York (Mr. WALSH), homes and must look for new living ac- amendment as we do for the sponsor- but I rise today in support of the Nad- commodations. Oftentimes they face ship of the amendment. ler-Crowley-Shays amendment to in- discrimination because of their illness. Mr. WALSH. Mr. Chairman, I rise in crease funding for the housing opportu- This was brought to my attention by reluctant opposition to the amend- nities for persons with AIDS by $10 an organization within my district, ment. million, to restore the program to its Steinway House, who run a Scattered Obviously this is a well-intended fiscal year 1999 level. Site Housing Program which locates amendment to provide resources to a While seemingly small, this increase dwellings in Queens for homeless per- population that is sorely in need of is vital to HOPWA programs and will sons with AIDS and their families. It is those resources. It is a very popular greatly help the individuals and fami- currently the largest program of this program in the Congress. I think most lies who suffer from AIDS by providing type in the country. Members support it. The difficulty them with desperately needed housing. Steinway House and other similar once again is striking a balance, and The housing provided by HOPWA al- programs benefit from HOPWA, and I what we did when we drew up this ap- lows people to improve the quality of find it unconscionable to decrease their propriation bill was we provided the their lives and access life-extending funds. same level of funding that we provided care. b in 1999, basically level funding. We did In 1998, the Center for Disease Con- 1715 not want to cut it, and we did not cut trol reported that 665,000 were living Individuals with AIDS are living it. with AIDS and the AIDS virus; and longer than ever and while we have What happened was in the omnibus CDC estimates that between 650,000 and made progress in awareness of how the bill that concluded after the appropria- 900,000 Americans live with the HIV virus is transmitted, recent studies tions bill passed the House, the con- virus. In New York and in my district show that rates of infection are de- ference put in an additional $10 mil- particularly the AIDS crisis is particu- creasing at a slower rate than in years lion, which brought it from $215 million larly acute. In 1998, there were approxi- past. To remove funds from a program up to $225 million. We appropriated the mately 130,000 reported AIDS cases in with increasing participation is wrong, same level as last year, $215 million the State of New York. and to take funds away from patients and the Crowley-Nadler amendment Once diagnosed, individuals with the whose lives literally depend on it is ir- would put that $10 million back in, HIV virus must take on an aggressive responsible. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7937 To allow for this increase, my col- them more effective at lower dosages ance in short-term facilities. These leagues and I have proposed a $10 mil- and reducing unwanted side effects. funds also help construct, rehabilitate, lion offset from the National Science These drugs show promise in pre- acquire, and operate housing and pro- Foundation’s Polar and Antarctic Re- venting transplanted organs from being vide supportive services. Those sup- search Program. I want to make it per- rejected, keeping HIV infections in portive services are a very important fectly clear that I am not opposed to check, even stimulating nerve re- part of it. Evidence shows that the ca- science research and understand the growth in spinal cord injuries. pacity of HOPWA programs to deliver value it can have on our lives and the Researchers at my alma mater, services is growing and should not be future of all human kind. However, the Michigan State University, funded, in undermined. The housing provided by Polar and Antarctic Research Program part, by NSF have identified a gene HOPWA dollars provides the quality of is coordinated by the NSF but has 12 that helps control a plant’s tolerance lives, improves the quality of lives and other federal agencies also contrib- to cold weather. Using this knowledge, the access to life-extending care. uting funds and participating. In sum, farmers, of course, can accomplish the What is important to note about the I believe that $10 million is a small growing of crops in many areas that we HOPWA funds, Mr. Chairman, is that sum to transfer to prevent individuals cannot grow crops today. Since the de- they are a good investment. Because of with AIDS and their families from end- fense against cold is similar to the de- the HOPWA program, we save $47,000 ing up on the street. fense against drought, the potential is per year in reducing unnecessary hos- We ought to be farsighted in looking real in helping to feed a starving world pitalization and use of emergency at problems in our global atmosphere in the years ahead. health care per person, $47,000 per per- and scientific research, but we must These are just a few examples of the son per year. So in cutting this funding not be shortsighted, that we harm the types of projects that could be jeopard- we are increasing the cost to the tax- citizens of this country in our efforts. I ized by these cuts, so I ask the authors payer. am not saying that NSF’s programs are of this amendment to please consider Now we all care about, and as an ap- propriator myself, I know we are all re- not worthwhile, but we need to have other areas that they might argue that sponsible for our own bills, but we also compassion for those people who strug- these funds are reasonable to transfer have a responsibility to the taxpayer in gle to live each day with AIDS. They into the projects that they suggest. general and in cutting in our own bill need our assistance, and we cannot While I sympathize with the plight of it is foolish to think that there is any leave them out in the cold. those suffering from AIDS and admire Mr. SMITH of Michigan. Mr. Chair- my colleagues for their efforts to help, saving to the taxpayer when this would man, I move to strike the requisite I believe this amendment is not the increase, per person, $47,000 per year times 6,500 people who would be lit- number of words. right solution. In fact, cutting funding erally put out on the street, and this Mr. Chairman, I rise in opposition to at NSF will in the long run only hurt all takes place within the context of a this amendment. Cutting research the very people we are trying to help. funding for the National Science Foun- I hope my colleagues will join me in bill, a VA–HUD bill, with despite the dation on top of cuts already proposed opposing this amendment. excellent efforts of the distinguished in this appropriation I think is short- Ms. PELOSI. Mr. Chairman, I move chairman from New York whom we all sighted no matter how noble the cause. to strike the requisite number of respect and the distinguished ranking The amendment would cut $10 mil- words. member whom we hold in high esteem, lion from the NSF, not from the Ant- Mr. Chairman, I rise in strong sup- despite their best efforts this bill has arctic money in the NSF, but from the port of the Nadler-Shays-Crowley problems, and they translate into put- general fund of the NSF. It is an agen- amendment, and I commend the gen- ting people on the street. I said before that our budget should cy already facing a $25 million budget tlemen for their leadership in bringing be a statement of our national values. reduction. To continue the cuts further it to the floor in a strong bipartisan I ask my colleagues is it a statement of would jeopardize our commitment to way. This is a very important amend- their national values to give a tax scientific discovery and innovation, a ment, Mr. Chairman, because what this break to the wealthiest Americans commitment that has been crucial to bill does is cut by $10 million the funds while putting those most vulnerable available for the HOPWA program. maintaining and increasing our current people with AIDS and HIV out on the That means that 6,500 people who now prosperity and quality of life. As Chair- street where stress contributes to their receive this funding who are housed man of the Subcommittee on Basic Re- condition instead of saving money by under the HOPWA program will be put search of the Committee on Science, I reducing dependency on emergency out on the street. This is a cut. It is have been able to learn firsthand of the rooms and hospital care and keeping not additional money that we would benefits and the commitment to re- people at home, also including families search that this country needs to like to see in the bill. That does not of people with HIV/AIDS. make. I would like to share some ex- seem to have a market with the Repub- So again I commend the makers of amples with my colleagues. lican leadership but merely attempts the amendment, the gentleman from Working with NSF, a particular to maintain the funding from last year. New York (Mr. NADLER), the gentleman I rise in support of this amendment grant, researchers at Rice University from Connecticut (Mr. SHAYS), and the and commend the makers of it with have developed a new process for cre- gentleman from New York (Mr. CROW- ating ultra porous ceramic materials. some pride of authorship of the under- LEY) for their leadership and urge our These materials could make mem- lying authorization bill, the HOPWA colleagues to support this important branes with pores measuring 1 to 2 bill that was passed in the Congress amendment, and I hope that the distin- nanometers, one one billionth of a years ago. The cosponsors were the guished leadership of the sub- meter, small enough to help medical gentleman from Washington (Mr. committee will find a way to have this researchers filter viruses or help chem- MCDERMOTT) and Congressman SCHU- money, at least this $10 million, at the ical workers with new techniques to MER of New York as well as the gentle- end of the appropriations day for us. clean up hazardous waste. NSF funded woman from California (Ms. PELOSI),— Mr. SHAYS. Mr. Chairman I move to researchers at Washington University me—of San Francisco. All three of us strike the requisite number of words. in St. Louis have created nano-sized saw the need in our communities for Mr. Chairman, I did not want to use synthetic particles that could some this special program. We worked with the yielded time to compliment my day be the carriers of drugs or genes to the religious community which was colleague from New York since it was a help fight the battle against many dis- ministering to the needs of the poor, bit shorter, but I sincerely have tre- eases including cancer. homeless, and especially people with mendous respect for what he is trying So again, taking the money from AIDS and came up with this legisla- to do, and I know that he has respect NSF I think is not justified in this tion, and what it does, HOPWA funds for what we are trying to do. This is a case. NSF funded-researchers at Yale assists low-income persons living with modest amendment. We are talking University are using powerful com- HIV/AIDS and their families by pro- about $10 million. We are not talking puters to develop drugs that bind more viding rental assistance, utility pay- about $100 million, we are not talking strongly to target proteins making ments to prevent homelessness, assist- about a billion. H7938 CONGRESSIONAL RECORD — HOUSE September 8, 1999 HOPWA is housing opportunities for or $9 million less than last year, a re- As the success of HOPWA grows, so too persons with AIDS, and when we pro- duction from last year of 3.6 percent, does the need for funding. Nine new commu- vide that opportunity, we are spending and do not forget there are 12 other nities joined HOPWA in 1999 and at least five $40 to $100 a day. But let us take the Federal pots of money for antarctic re- more are expected to join in the year 2000. high end. It’s not usually up to $100 a search. Add to these figures the 40,000 new AIDS day; it’s less than that. But if people The choice before the House there- cases report each year and available funding living with HIV/AIDS are not in the fore is this. Should we reduce the fund- will be spread even thinner. As I said, funding kind of housing environment provided ing for housing for people with AIDS for this program ought to be increased, but at by HOPWA, they are receiving acute by $10 million from last year, or should the very least, it should not be cut below exist- care at over $1,000 a day. So even tak- we reduce by $9 million from last year, ing levels. ing the high end of the HOPWA cost— 3.6 percent, one of the 13 Federal Ant- As for the offset, this amendment would cut at $100 a day—we are talking of spend- arctic research programs? That is the $10 million from the $246 million appropriation ing a total of $36,000 per year as op- choice. I hope the choice is obvious. for the National Science Foundation's Polar posed to $365,000 per year in acute care Mr. Chairman, I have an amendment at the and Antarctic Research FundÐa small reduc- facilities. We really believe this is an desk. tion. I should note that there are 12 other amendment that has tremendous ben- Before I begin, I would like to thank my col- agencies that support Antarctic research, so efit because it will save a great deal of league from Connecticut, Mr. SHAYS, and my we would not be greatly hindering this re- money as well as provide the kind of colleague from New York, Mr. CROWLEY, for search. I am a great supporter of scientific re- compassion that all of us want to pro- joining me in offering this amendment. search, and it is not easy for me to suggest vide. Mr. Chairman, this amendment restores $10 scaling back any work in this area. However, I have particular interest in standing million to the Housing Opportunities for Per- under our budget rules, there must be an off- up because my predecessor Stewart sons With AIDS, or HOPWA, program. This set, and it comes down to a matter of prior- McKinney died of AIDS, and his wife, does not represent new funding, but seeks ities. With this amendment, we would do mini- Lucie McKinney, did not walk away. merely to maintain the FY 99 funding level. mal damage to long-term research goals, She decided she would devote the rest The HOPWA program, which enjoys wide while significantly improving the lives of indi- of her life to helping people living with bipartisan support, is the only federal housing viduals who need our help now. I urge the HIV/AIDS have housing opportunities, program that provides cities and states with adoption of this amendment. and she has given me endless oppor- the resources to address specifically the hous- Mr. SMITH of Michigan. Mr. Chair- tunity to see this challenge through ing crisis facing people living with AIDS. man, will the gentleman yield? her eyes. When her husband died, she Among the services that HOPWA delivers are Mr. SHAYS. I yield to the gentleman went around the country to see how rental assistance, mortgage assistance, help from Michigan. people with HIV/AIDS were living, and with utility payments, information on low-in- Mr. SMITH of Michigan. Staff tells it was not a pretty sight, and it con- come housing opportunities, as well as tech- me that it comes out of the NSF re- tinues to not be a pretty sight. So nical support and assistance in acquiring, con- search that has already been cut $25 Lucie McKinney, a real hero of mine, structing, rehabilitating, and operating commu- million. It does not come out of the who was not a public person has be- nity residences. Antarctic money. come a public person, and she has made It is a locally controlled program that pro- Mr. NADLER. Mr. Chairman, will the a tremendous difference in the lives of vides maximum flexibility to states and com- gentleman yield? so many. munities to design and implement the strate- Mr. SHAYS. I yield to the gentleman So I think when we stand up in sup- gies that best respond to local housing needs. from New York. port of HOPWA, we are standing up Its administrative costs are capped by law to Mr. NADLER. Yes, but the NSF re- with the sense that at the least, at the ensure that the maximum amount of funding search at $246 million allocated for least we should not go back from where goes directly to the people who need it. Cur- this, earmarked for this program, so it we were in funding levels. In this budg- rently, HOPWA is helping nearly 75,000 peo- comes from this earmark and from no- et year, Mr. Chairman, we are spending ple in over 41,000 housing units. These peo- where else, and therefore the figures $225 million, and this budget will be ple live in over 100 communities across 37 that I just gave, which is that this ear- $215 million, so we are asking that this states, plus the District of Columbia and Puer- mark out of that total appropriation is Chamber restore this crucial $10 mil- to Rico. This is a well-run, far-reaching, and an earmark of $1 million greater than lion. successful program. last year; what we are proposing here Mr. Chairman, with that I yield the Mr. Chairman, individuals with AIDS are liv- is to reduce that by $10 million, a re- balance of my time to the gentleman ing longer and more productive lives. Accord- duction of $9 million from last year, 3.6 from New York (Mr. NADLER). ing to a new report, AIDS deaths have fallen percent of one of the 13 Federal Ant- Mr. NADLER. Mr. Chairman, I thank dramatically in recent years, from roughly arctic programs in order to provide the gentleman for yielding this time to 50,000 in 1995 to 17,000 in 1998. We owe level funding from last year for people, me. these encouraging statistics to new and effec- for housing for people with AIDS so we Mr. Chairman, I want to make two tive drug therapies. We have made great do not throw people out on the street, brief points. strides in the treatment of HIV/AIDS, but most and I think the choice should be clear, One, we are not talking about level of these therapies require a stable living envi- and I thank the gentleman again for funding. It may be level with the House ronment. They usually involve a strict regimen yielding. vote last year, but the omnibus bill built around regular meals and a regular Ms. VELA´ ZQUEZ. Mr. Chairman, I this House voted for and the President schedule. Often, medication must be refrig- move to strike the requisite number of signed provided $10 million more than erated and taken on a rigid time schedule. words. this bill would do this year. So we are HOPWA provides a stable housing situation in Mr. Chairman, I rise in strong sup- being asked to decrease funding by $10 which individuals can get the treatment they port of the Nadler-Shays-Crowley million from the current level. Cities need. To deny this to people living with AIDS, amendment, but I am going to direct and States will get less than last year, would be an unacceptable cruelty. my comments on the housing provi- and that makes no provision for the in- Inadequate housing is not only a barrier to sions of this bill that I strongly pro- creasing, not level, number of people treatment, it puts people with HIV/AIDS at risk pose. Let me be clear about what is at with AIDS who need this help and for of premature death from exposure to other stake and what message is being sent the additional communities supplying diseases, poor nutrition, and stress. The ma- to this Nation’s working poor. to the program every year. jority of AIDS patients are at or below 20 per- b The second point is, of course, we cent of the median income and at any given 1730 must continue our Antarctic research, time, one-third to one-half of all Americans What is at stake is dignity and fair- but this bill does not reduce this pro- with AIDS are either homeless or in imminent ness to this Nation’s millions of Ameri- gram. The bill increases this program danger of losing their housing. HOPWA an- cans who live in public housing. It is for Antarctic research by $1 million. swers this need, successfully providing suit- outrageous that at a time when this The amendment would reduce the rec- able, reasonably priced housing for thousands economy is posing record gains, we are ommended appropriation by $10 million of Americans fighting AIDS. now experiencing the greatest income September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7939 disparity between the wealthiest Amer- In most instances, without HOPWA the Committee on Science, we have to icans and the poorest Americans. dollars, homes for people living with make the hard choices, and I am going By cutting half a billion dollars in AIDS, that is not the case. First of all, to err on the side, positively, I know, public housing capital that should go even in spite of ourselves, today people on those living with AIDS and on those to repairing our Nation’s crumbling living with AIDS and their families are needing affordable housing. Let us do public housing stock, the Republican discriminated against. People find out something to fix the $1.6 billion cut for majority is telling this Nation’s poor that they are living there or that there HUD, but as well I would like to sup- that everyone but them should benefit is housing coming in their area or that port this amendment and provide addi- from the current economic boon. they might be living next door to tional resources for people living with Is it too much to ask that we give someone with HIV-AIDS, and, trag- and struggling to survive with HIV- our sick and poor a little compassion? ically enough, there is a rejection syn- AIDS. I guess that the ‘‘compassionate con- drome. Mrs. NAPOLITANO. Mr. Chairman, I servatism’’ that so many Republican So the HOPWA funds provide in move to strike the requisite number of presidential candidates talk about has many instances not only rental assist- words. not made it to this body, because there ance and mortgage assistance, help Mr. Chairman, I certainly want to is no compassion in forcing 600,000 with utility payments, information on thank my colleagues from New York Americans to go without a bed. In New low income housing opportunities, but and Connecticut for proposing this York State alone, that is almost 8,000 provides technical support and assist- amendment to restore the funding for families with children who must sleep ance in designing, acquiring, con- this very important program, the hous- in the streets, and then you try to lec- structing, rehabilitating, and operating ing opportunities for people with AIDS, ture us on family values? community residences. I know of some to its 1999 level of $225 million. I hope Worst of all, HUD recently reported in my community, and they give a cer- that all my colleagues will help and that there are 5.3 million households tain peace of mind to those suffering support this Nadler-Crowley-Shays who are in need of affordable housing. from AIDS. HOPWA benefits some amendment, which will shift $10 mil- Despite this alarming information, this 75,000 people in 41,000 housing units in lion from the National Science Foun- bill fails to fund any Section 8 vouch- 100 communities, and this $10 million is dation’s $3.7 billion to HOPWA, where ers for families in need. a mere figure that would add to the it is so sorely needed. I urge all my colleagues to support peace and comfort of those individuals To me it is a matter of people versus the Nadler amendment, but even if we that are suffering from a deadly dis- science. I do not like it, but it is my adopt the Nadler amendment, it is still ease. only choice. HOPWA is a program not enough to fix this flawed legisla- Frankly, I think we have made some where every single dollar counts. 75,000 tion, and I suggest we go back to the bad choices on housing with respect to people across the Nation currently de- drawing board and bring forward a pro- this appropriations bill, because the pend on HOPWA for their housing. This posal that ensures that all Americans $1.6 billion in cuts we are talking about program provides essential assistance benefit from this Nation’s prosperity. in housing takes $220 million from the with rental and mortgage payments, Ms. JACKSON-LEE of Texas. Mr. community development block grant utility bills, obtaining information Chairman, I move to strike the req- monies. Those are monies that my City about affordable housing opportunities, uisite number of words. of Houston and the other cities have and also provides technical support for (Ms. JACKSON-LEE of Texas asked used effectively and efficiently and the community residences for people and was given permission to revise and used promisingly. They are flexible with AIDS. extend her remarks.) dollars. They give cities, mayors and Any cut in HOPWA funding will kick, Ms. JACKSON-LEE of Texas. Mr. county commissioners and others, the literally kick sick people onto our Chairman, I rise in support of the Nad- independence to do what is right for streets. We have enough of those people ler-Crowley-Shays amendment. their community. already in our streets. We do not need Mr. Chairman, I guess this could be In addition, we are cutting $20 mil- additional ill people. called many things, Sophie’s Choice, a lion from the home program, affordable Survival with AIDS requires taking rock and a hard place, and many oth- housing. It was noted a couple of expensive medication and following a ers. months ago that the City of Houston very special diet. When someone is al- First of all, I certainly want to ac- has one of the fewest numbers of units ready faced with a daunting challenge knowledge the hard work, as I have in- of affordable housing. I am delighted of coping with AIDS, the last thing dicated before, of the ranking member that Mayor Lee P. Brown is committed they need is to worry about their hous- and chairman of this subcommittee. to cutting down the numbers of those ing. That is one of the stresses they These are always difficult choices. I waiting for affordable housing and in- face, and that is one of the things we stand here in a difficult position, some creasing the percentage of affordable can help with. If we cannot provide would say. I am a member of the Com- housing in the City of Houston in the people with AIDS with stable housing, mittee on Science and have always sup- 21st Century to 50,000 units. many of them will surely die pre- ported the National Science Founda- Mr. Chairman, we cannot do it with maturely, because it is almost impos- tion on the good work they do. But these kinds of cuts. Right now in my sible to provide AIDS patients with the that is why I come to support this par- own district I have 21,000 people wait- health services they require if they ticular amendment, because I am mak- ing for public housing and 8,000 people lack a stable place to live. ing a choice, and I think this bill in its waiting for Section 8 certificates. Now Let us not turn our backs on our fel- response to housing for Americans has we are looking at a housing bill that low Americans who are afflicted with made some bad choices. One of them cuts all of that. What do we say to AIDS. Let us not throw them out on has to do with the great need that we these hard working people who simply the streets like used rugs. We must have for HOPWA funding. want to go to work every day? They vote ‘‘yes’’ on the Nadler-Crowley- In particular, I think it is important pay their taxes, and yet we cannot pro- Shays amendment. to note we have made some enormous vide them with a decent place to live? I ask my colleagues, please, please, scientific advances as it relates to the I think the Nadler-Crowley-Shays support this amendment. treatment of HIV-AIDS. I am gratified amendment adds to the other concern Mr. SENSENBRENNER. Mr. Chairman, I for those constituents that I represent, we would have, and those are those in- rise in strong opposition to the amendment of- that they now have a better chance of dividuals most often discriminated fered by the gentlemen from New York, Mr. living. As they have a better chance of against who live with AIDS. I think it NADLER, and Mr. CROWLEY. This amendment living, Mr. Chairman, difficulties arise. is time for us to make the right would cut $10 million dollars from the National Where do they live? What kind of sup- Sophie’s Choice, if you will, and make Science Foundation's (NSF) polar research port systems do they have? Can they some of the sacrifices that all of us are and Antarctic logistics programs, which are live a normal life and have a place to asked to do; and although we support part of the Research and Related Activities ac- live and a job and still have the kind of different projects and have different count. The Science Committee and this House medical care they need? commitments, like I do as a member of have affirmed the importance of an active U.S. H7940 CONGRESSIONAL RECORD — HOUSE September 8, 1999 presence in Antarctica. Stable funding for by the gentleman from New York (Mr. Of the amount made available under this these programs is necessary because of the NADLER) will be postponed. heading, $20,000,000 shall be available for the long lead time required for polar operations. If The Clerk will read. Economic Development Initiative (EDI) to finance a variety of efforts. this amendment passes, funding will have to The Clerk read as follows: Of the amount made available under this be shifted from other NSF basic research pro- COMMUNITY DEVELOPMENT BLOCK GRANTS heading, $20,000,000 shall be available for grams to support polar operations already in (INCLUDING TRANSFERS OF FUNDS) neighborhood initiatives. For the cost of guaranteed loans, the pipeline. For grants to States and units of general $25,000,000, as authorized by section 108 of the Mr. Chairman, we can all sympathize with local government and for related expenses, Housing and Community Development Act of the plight for those who have contracted AIDS, not otherwise provided for, to carry out a 1974: Provided, That such costs, including the community development grants program as but I do not think that it is in the best interests cost of modifying such loans, shall be as de- of AIDS patients to cut funding for basic authorized by title I of the Housing and fined in section 502 of the Congressional science programs that may one day provide a Community Development Act of 1974, as Budget Act of 1974, as amended: Provided fur- cure for this and other debilitating diseases. amended (the ‘‘Act’’ herein) (42 U.S.C. 5301), ther, That these funds are available to sub- The types of basic research NSF funds in the $4,500,200,000, to remain available until Sep- sidize total loan principal, any part of which tember 30, 2002: Provided, That $67,000,000 biological and other sciences is a vitally impor- is to be guaranteed, not to exceed shall be for grants to Indian tribes notwith- $1,087,000,000, notwithstanding any aggregate tant part of a balanced federal research port- standing section 106(a)(1) of such Act, folio. limitation on outstanding obligations guar- $3,000,000 shall be available as a grant to the anteed in section 108(k) of the Housing and The basic research being conducted Housing Assistance Council, $3,000,000 shall Community Development Act of 1974: Pro- through NSF adds to our store of knowledge be available as a grant to the National vided further, That in addition, for adminis- in valuable, and often unpredictable, ways. We American Indian Housing Council, and trative expenses to carry out the guaranteed cannot foresee where the next AIDS break- $30,000,000 shall be for grants pursuant to sec- loan program, $1,000,000, which shall be through will come, but I think it is safe to say tion 107 of the Act: Provided further, That transferred to and merged with the appro- $15,000,000 shall be for grants pursuant to the priation for ‘‘Salaries and expenses’’. that basic research funded by NSF will be Self Help Housing Opportunity program: Pro- BROWNFIELDS REDEVELOPMENT shown to have contributed greatly in the effort. vided further, That not to exceed 20 percent For Economic Development Grants, as au- I do not believe it is their intention, but the of any grant made with funds appropriated thorized by section 108(q) of the Housing and amendment offered by the gentlemen from herein (other than a grant made available in Community Development Act of 1974, as New York potentially could prolong the time this paragraph to the Housing Assistance amended, for Brownfields redevelopment Council or the National American Indian needed to develop an effective treatment for projects, $20,000,000, to remain available Housing Council, or a grant using funds this insidious disease, harming the people it is until expended: Provided, That the Secretary under section 107(b)(3) of the Housing and intended to help. NSF-funded research is an of Housing and Urban Development shall Community Development Act of 1974, as make these grants available on a competi- important weapon in the battle against AIDS amended) shall be expended for ‘‘Planning tive basis as specified in section 102 of the and other serious diseases. If this House real- and Management Development’’ and ‘‘Ad- ly wants to help AIDS patients, it will vote a Department of Housing and Urban Develop- ministration’’ as defined in regulations pro- ment Reform Act of 1989. resounding ``no'' on this amendment. mulgated by the Department. Provided fur- Ms. WOOLSEY. Mr. Chairman, I strongly ther, That all balances for the Economic De- HOME INVESTMENT PARTNERSHIPS PROGRAM support the Nadler-Crowley amendment and velopment Initiative grants program, the (INCLUDING TRANSFER OF FUNDS) oppose any measure that would reduce John Heinz Neighborhood Development pro- For the HOME investment partnerships HOPWA funding from last years level. When gram, grants to Self Help Housing Oppor- program, as authorized under title II of the Cranston-Gonzalez National Affordable is this Congress going to come to its senses tunity program, and the Moving to Work Demonstration program previously funded Housing Act (Public Law 101–625), as amend- and start thinking about individuals and fami- within the ‘‘Annual contributions for as- ed, $1,580,000,000, to remain available until lies living with AIDS? sisted housing’’ account shall be transferred expended: Provided, That up to $5,000,000 of Today, due to the success of effective to this account, to be available for the pur- these funds shall be available for the devel- drugs, the number of people and families liv- poses for which they were originally appro- opment and operation of integrated commu- ing with AIDS has tremendously increasedÐ priated. nity development management information so too have their needs. Of the amount made available under this systems: Provided further, That up to heading, $15,000,000 shall be made available $7,500,000 of these funds shall be available for The good news is that new medications are Housing Counseling under section 106 of the proving effective to combat this deadly virus. for ‘‘Capacity Building for Community De- velopment and Affordable Housing,’’ for Housing and Urban Development Act of 1968: On the other hand, the bad news is that peo- LISC and the Enterprise Foundation for ac- Provided further, That all Housing Counseling ple living with AIDS are homeless and moving tivities as authorized by section 4 of the program balances previously appropriated in from shelter to shelter. HUD Demonstration Act of 1993 (Public Law the ‘‘Housing counseling assistance’’ account To conquer the most tragic epidemic of our 103–120), as in effect immediately before June shall be transferred to this account, to be generation, we must provide the 240,000 peo- 12, 1997, with not less than $3,000,000 of the available for the purposes for which they ple infected by AIDS in our communities with funding to be used in rural areas, including were originally appropriated. the basic necessities, particularly shelter. The tribal areas, and $3,750,000 for Habitat for Hu- HOMELESS ASSISTANCE GRANTS reality is, as this epidemic grows, so does the manity International. (INCLUDING TRANSFER OF FUNDS) need for housing. Of the amount provided under this head- For the emergency shelter grants program ing, the Secretary of Housing and Urban De- If we neglect the housing needs of those liv- (as authorized under subtitle B of title IV of velopment may use up to $45,000,000 for sup- the Stewart B. McKinney Homeless Assist- ing with AIDS, our children and grandchildren portive services for public housing residents, ance Act, as amended); the supportive hous- will bear the brunt of our folly. as authorized by section 34 of the United ing program (as authorized under subtitle C Mr. Chairman, I urge my colleagues to sup- States Housing Act of 1937, and not less than of title IV of such Act); the section 8 mod- port the Nadler-Crowley amendment and re- $10,000,000 for grants for service coordinators erate rehabilitation single room occupancy store necessary funding to HOPWA. We all and congregate services for the elderly and program (as authorized under the United know someone suffering from this dreadful disabled residents of public and assisted States Housing Act of 1937, as amended) to disease. We must demonstrate basic human housing. assist homeless individuals pursuant to sec- Of the amount made available under this tion 441 of the Stewart B. McKinney Home- compassion and provide them with a decent heading, notwithstanding any other provi- less Assistance Act; and the shelter plus care place to live. sion of law, $42,500,000 shall be available for program (as authorized under subtitle F of The CHAIRMAN pro tempore (Mr. YouthBuild program activities authorized by title IV of such Act), $970,000,000, to remain PEASE). The question is on the amend- subtitle D of title IV of the Cranston-Gon- available until expended: Provided, That up ment offered by the gentleman from zalez National Affordable Housing Act, as to 1 percent of the funds appropriated under New York (Mr. NADLER). amended, and such activities shall be an eli- this heading may be used for technical as- The question was taken; and the gible activity with respect to any funds sistance and systems support: Provided fur- Chairman pro tempore announced that made available under this heading. Of the ther, That all balances previously appro- the ayes appeared to have it. amount provided under this paragraph, not priated in the ‘‘Emergency Shelter Grants,’’ Mr. SMITH of Michigan. Mr. Chair- less than $2,500,000 shall be set aside and ‘‘Supportive Housing,’’ ‘‘Supplemental As- made available for a grant to Youthbuild sistance for Facilities to Assist the Home- man, I demand a recorded vote. USA for capacity building for community de- less,’’ ‘‘Shelter Plus Care,’’ ‘‘Section 8 Mod- The CHAIRMAN pro tempore. Pursu- velopment and affordable housing activities erate Rehabilitation Single Room Occu- ant to House Resolution 275, further as specified in section 4 of the HUD Dem- pancy,’’ and ‘‘Innovative Homeless Initia- proceedings on the amendment offered onstration Act of 1993, as amended. tives Demonstration’’ accounts shall be September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7941 transferred to and merged with this account, which not to exceed $4,022,000 shall be trans- $18,750,000 shall be to carry out activities to be available for any authorized purpose ferred to the appropriation for the ‘‘Office of pursuant to such section 561: Provided, That under this heading. Inspector General’’. no funds made available under this heading HOUSING PROGRAMS FHA—GENERAL AND SPECIAL RISK PROGRAM shall be used to lobby the executive or legis- lative branches of the Federal Government HOUSING FOR SPECIAL POPULATIONS ACCOUNT in connection with a specific contract, grant (INCLUDING TRANSFERS OF FUNDS) For assistance for the purchase, construc- or loan. tion, acquisition, or development of addi- For the cost of guaranteed loans, as au- OFFICE OF LEAD HAZARD CONTROL tional public and subsidized housing units thorized by sections 238 and 519 of the Na- for low income families not otherwise pro- tional Housing Act (12 U.S.C. 1715z–3 and LEAD HAZARD REDUCTION vided for, $854,000,000, to remain available 1735c), including the cost of loan guarantee (INCLUDING TRANSFER OF FUNDS) until expended; of which $660,000,000 shall be modifications (as that term is defined in sec- For the Lead Hazard Reduction Program, for capital advances, including amendments tion 502 of the Congressional Budget Act of as authorized by sections 1011 and 1053 of the to capital advance contracts, for housing for 1974, as amended) $153,000,000, including not Residential Lead-Based Hazard Reduction the elderly, as authorized by section 202 of to exceed $153,000,000 from unobligated bal- Act of 1992, $70,000,000 to remain available the Housing Act of 1959, as amended, and for ances previously appropriated under this until expended, of which $1,000,000 shall be project rental assistance, and amendments heading, to remain available until expended: for CLEARCorps and $7,500,000 shall be for a to contracts for project rental assistance, for Provided, That these funds are available to Healthy Homes Initiative, which shall be a the elderly under such section 202(c)(2), of subsidize total loan principal, any part of program pursuant to sections 501 and 502 of the Housing Act of 1959, and for supportive which is to be guaranteed, of up to the Housing and Urban Development Act of services associated with the housing; and of $18,100,000,000. 1970 that shall include research, studies, which $194,000,000 shall be for capital ad- Gross obligations for the principal amount testing, and demonstration efforts, including vances, including amendments to capital ad- of direct loans, as authorized by sections education and outreach concerning lead- vance contracts, for supportive housing for 204(g), 207(l), 238, and 519(a) of the National based paint poisoning and other housing-re- persons with disabilities, as authorized by Housing Act, shall not exceed $50,000,000; of lated environmental diseases and hazards: section 811 of the Cranston-Gonzalez Na- which not to exceed $30,000,000 shall be for Provided, That all balances for the Lead Haz- tional Affordable Housing Act, for project bridge financing in connection with the sale ard Reduction Programs previously funded rental assistance, for amendments to con- of multifamily real properties owned by the in the ‘‘Annual contributions for assisted tracts for project rental assistance, and sup- Secretary and formerly insured under such housing’’ and ‘‘Community development portive services associated with the housing Act; and of which not to exceed $20,000,000 block grants’’ accounts shall be transferred for persons with disabilities as authorized by shall be for loans to nonprofit and govern- to this account, to be available for the pur- section 811 of such Act: Provided further, mental entities in connection with the sale poses for which they were originally appro- That the Secretary may designate up to 25 of single-family real properties owned by the priated. percent of the amounts earmarked under Secretary and formerly insured under such MANAGEMENT AND ADMINISTRATION this paragraph for section 811 of such Act for Act. tenant-based assistance, as authorized under In addition, for administrative expenses SALARIES AND EXPENSES that section, including such authority as necessary to carry out the guaranteed and (INCLUDING TRANSFER OF FUNDS) may be waived under the next proviso, which direct loan programs, $211,455,000 (including For necessary administrative and non-ad- assistance is five years in duration: Provided not to exceed $147,000,000 from unobligated ministrative expenses of the Department of further, That the Secretary may waive any balances previously appropriated under this Housing and Urban Development, not other- provision of section 202 of the Housing Act of heading), of which $193,134,000, shall be trans- wise provided for, including not to exceed 1959 and section 811 of the Cranston-Gonzalez ferred to the appropriation for ‘‘Salaries and $7,000 for official reception and representa- National Affordable Housing Act (including expenses’’ and of which $18,321,000 shall be tion expenses, $985,576,000, of which the provisions governing the terms and con- transferred to the appropriation for the ‘‘Of- $518,000,000 shall be provided from the var- ditions of project rental assistance and ten- fice of Inspector General’’. ious funds of the Federal Housing Adminis- ant-based assistance) that the Secretary de- GOVERNMENT NATIONAL MORTGAGE tration, $9,383,000 shall be provided from termines is not necessary to achieve the ob- ASSOCIATION funds of the Government National Mortgage jectives of these programs, or that otherwise Association, $1,000,000 shall be provided from GUARANTEES OF MORTGAGE-BACKED SECURITIES impedes the ability to develop, operate or the appropriation for ‘‘Community develop- administer projects assisted under these pro- LOAN GUARANTEE PROGRAM ACCOUNT ment block grants’’ $150,000 shall be provided grams, and may make provision for alter- (INCLUDING TRANSFER OF FUNDS) by transfer from the ‘‘Title VI Indian Fed- native conditions or terms where appro- During fiscal year 2000, new commitments eral Guarantees Program’’ account, and priate. to issue guarantees to carry out the purposes $200,000 shall be provided by transfer from FLEXIBLE SUBSIDY FUND of section 306 of the National Housing Act, as the appropriation for ‘‘Indian housing loan guarantee fund program account’’. Of the (TRANSFER OF FUNDS) amended (12 U.S.C. 1721(g)), shall not exceed $200,000,000,000. amount provided in this paragraph, $2,000,000 From the Rental Housing Assistance Fund, For administrative expenses necessary to shall be for a Millenial Housing Commission. all uncommitted balances of excess rental carry out the guaranteed mortgage-backed charges as of September 30, 1999, and any col- OFFICE OF INSPECTOR GENERAL securities program, $9,383,000, to be derived (INCLUDING TRANSFER OF FUNDS) lections made during fiscal year 2000, shall from the GNMA-guarantees of mortgage- be transferred to the Flexible Subsidy Fund, backed securities guaranteed loan receipt ac- For necessary expenses of the Office of In- as authorized by section 236(g) of the Na- count, of which not to exceed $9,383,000 shall spector General in carrying out the Inspec- tional Housing Act, as amended. be transferred to the appropriation for de- tor General Act of 1978, as amended, FEDERAL HOUSING ADMINISTRATION partmental ‘‘Salaries and expenses’’. $72,343,000, of which $22,343,000 shall be pro- vided from the various funds of the Federal FHA—MUTUAL MORTGAGE INSURANCE PROGRAM POLICY DEVELOPMENT AND RESEARCH Housing Administration and $10,000,000 shall ACCOUNT RESEARCH AND TECHNOLOGY be provided from the amount earmarked for (INCLUDING TRANSFERS OF FUNDS) For contracts, grants, and necessary ex- Operation Safe Home in the appropriation During fiscal year 2000, commitments to penses of programs of research and studies for ‘‘Drug elimination grants for low-income guarantee loans to carry out the purposes of relating to housing and urban problems, not housing’’: Provided, That the Inspector Gen- section 203(b) of the National Housing Act, otherwise provided for, as authorized by title eral shall have independent authority over as amended, shall not exceed a loan principal V of the Housing and Urban Development all personnel issues within the Office of In- of $140,000,000,000. Act of 1970, as amended (12 U.S.C. 1701z–1 et spector General. During fiscal year 2000, obligations to seq.), including carrying out the functions of OFFICE OF FEDERAL HOUSING ENTERPRISE make direct loans to carry out the purposes the Secretary under section 1(a)(1)(i) of Re- OVERSIGHT of section 204(g) of the National Housing Act, organization Plan No. 2 of 1968, $42,500,000, to SALARIES AND EXPENSES as amended, shall not exceed $50,000,000: Pro- remain available until September 30, 2001. vided, That the foregoing amount shall be for (INCLUDING TRANSFER OF FUNDS) FAIR HOUSING AND EQUAL OPPORTUNITY loans to nonprofit and governmental entities For carrying out the Federal Housing En- in connection with sales of single family real FAIR HOUSING ACTIVITIES terprise Financial Safety and Soundness Act properties owned by the Secretary and for- For contracts, grants, and other assist- of 1992, including not to exceed $1,000 for offi- merly insured under the Mutual Mortgage ance, not otherwise provided for, as author- cial reception and representation expenses, Insurance Fund. ized by title VIII of the Civil Rights Act of $19,493,000, to remain available until ex- For administrative expenses necessary to 1968, as amended by the Fair Housing pended, to be derived from the Federal Hous- carry out the guaranteed and direct loan Amendments Act of 1988, and section 561 of ing Enterprise Oversight Fund: Provided, program, $328,888,000, of which not to exceed the Housing and Community Development That not to exceed such amount shall be $324,866,000 shall be transferred to the appro- Act of 1987, as amended, $37,500,000, to remain available from the General Fund of the priation for ‘‘Salaries and expenses’’; and of available until September 30, 2001, of which Treasury to the extent necessary to incur H7942 CONGRESSIONAL RECORD — HOUSE September 8, 1999 obligations and make expenditures pending available (pursuant to the related provisions ber of the Subcommittee on Housing and the receipt of collections to the Fund: Pro- of the joint explanatory statement in the Community Opportunities of the House of vided further, That the General Fund amount conference report to accompany such Act Representatives and the ranking minority shall be reduced as collections are received (Report 105–769, 105th Congress, 2d Session)) member of the Subcommittee on Housing during the fiscal year so as to result in a to the City of Redlands, California, for the and Transportation of the Senate. final appropriation from the General Fund redevelopment initiatives near the historic (B) 10 members appointed by the Chairman estimated at not more than $0. Fox Theater shall, notwithstanding such and Ranking Minority Member of the Com- ADMINISTRATIVE PROVISIONS provisions, be made available to such City mittee on Appropriations of the House of for the following purposes: FINANCING ADJUSTMENT FACTORS Representatives and the Chairman and (1) $700,000 shall be for renovation of the Ranking Minority Member of the Committee SEC. 201. Fifty percent of the amounts of City of Redlands Fire Station No. 1; on Banking and Financial Services of the budget authority, or in lieu thereof 50 per- (2) $200,000 shall be for renovation of the House of Representatives. cent of the cash amounts associated with Mission Gables House at the Redlands Bowl (C) 10 members appointed by the Chairman such budget authority, that are recaptured historic outdoor amphitheater; and and Ranking Minority Member of the Com- from projects described in section 1012(a) of (3) $100,000 shall be for the preservation of mittee on Appropriations of the Senate and the Stewart B. McKinney Homeless Assist- historic Hillside Cemetery. ance Amendments Act of 1988 (Public Law the Chairman and Ranking Minority Member INCOME ELIGIBILITY ADJUSTMENTS FOR of the Committee on Banking, Housing, and 100–628, 102 Stat. 3224, 3268) shall be re- UNUSUALLY HIGH OR LOW FAMILY INCOMES scinded, or in the case of cash, shall be re- Urban Affairs of the Senate. SEC. 207. Section 16 of the United States (2) QUALIFICATIONS.—Appointees should mitted to the Treasury, and such amounts of Housing Act of 1937 is amended— budget authority or cash recaptured and not have proven expertise in directing, (1) in subsection (a)(2)(A), by inserting be- assemblying, or applying capital resources rescinded or remitted to the Treasury shall fore the period the following: be used by State housing finance agencies or from a variety of sources to the successful ‘‘; except that the Secretary may establish development of affordable housing or the re- local governments or local housing agencies income ceilings higher or lower than 30 per- with projects approved by the Secretary of vitalization of communities, including eco- cent of the area median income on the basis nomic and job development. Housing and Urban Development for which of the Secretary’s findings that such vari- (3) VACANCIES.—Any vacancy on the Com- settlement occurred after January 1, 1992, in ations are necessary because of unusually mission shall not affect its powers and shall accordance with such section. Notwith- high or low family incomes’’; and be filled in the manner in which the original standing the previous sentence, the Sec- (2) in subsection (c)(3), by inserting before appointment was made. retary may award up to 15 percent of the the period the following: (4) CHAIRPERSONS.—The members ap- budget authority or cash recaptured and not ‘‘; except that the Secretary may establish pointed pursuant to paragraph (1)(A) shall rescinded or remitted to the Treasury to pro- income ceilings higher or lower than 30 per- vide project owners with incentives to refi- cent of the area median income on the basis serve as co-chairpersons of the Commission. nance their project at a lower interest rate. of the Secretary’s findings that such vari- (5) PROHIBITION OF PAY.—Members of the FAIR HOUSING AND FREE SPEECH ations are necessary because of unusually Commission shall serve without pay. (6) TRAVEL EXPENSES.—Each member of the SEC. 202. None of the amounts made avail- high or low family incomes’’. Commission shall receive travel expenses, in- able under this Act may be used during fiscal MILLENIAL HOUSING COMMISSION cluding per diem in lieu of subsistence, in ac- year 2000 to investigate or prosecute under SEC. 208. (a) ESTABLISHMENT.—There is the Fair Housing Act any otherwise lawful cordance with sections 5702 and 5703 of title hereby established a commission to be 5, United States Code. activity engaged in by one or more persons, known as the Millenial Housing Commission (7) QUORUM.—A majority of the members of including the filing or maintaining of a non- (in this section referred to as the ‘‘Commis- the Commission shall constitute a quorum frivolous legal action, that is engaged in sion’’. but a lesser number may hold hearings. solely for the purpose of achieving or pre- (b) STUDY.—The duty of the Commission venting action by a government official or shall be to conduct a study that examines, (8) MEETINGS.—The Commission shall meet entity, or a court of competent jurisdiction. analyzes, and explores— at the call of the Chairpersons. ENHANCED DISPOSITION AUTHORITY (1) the importance of housing, particularly (d) DIRECTOR AND STAFF.— affordable housing which includes housing (1) DIRECTOR.—The Commission shall have SEC. 203. Section 204 of the Departments of Veterans Affairs and Housing and Urban De- for the elderly, to the infrastructure of the a Director who shall be appointed by the velopment, and Independent Agencies Appro- United States; Chairperson. The Director shall be paid at a priations Act, 1997, is amended by striking (2) the various possible methods for in- rate not to exceed the rate of basic pay pay- ‘‘fiscal years 1997, 1998, and 1999’’ and insert- creasing the role of the private sector in pro- able for level V of the Executive Schedule. ing ‘‘fiscal years 1997, 1998, 1999, and 2000’’. viding affordable housing in the United (2) STAFF.—The Commission may appoint States, including the effectiveness and effi- personnel as appropriate. The staff of the HOUSING OPPORTUNITIES FOR PERSONS WITH ciency of such methods; and Commission shall be appointed subject to AIDS GRANTS (3) whether the existing programs of the the provisions of title 5, United States Code, SEC. 204. Section 207 of the Departments of Department of Housing and Urban Develop- governing appointments in the competitive Veterans Affairs and Housing and Urban De- ment work in conjunction with one another service, and shall be paid in accordance with velopment, and Independent Agencies Appro- to provide better housing opportunities for the provisions of chapter 51 and subchapter priations Act, 1999, is amended by striking families, neighborhoods, and communities, III of chapter 53 of that title relating to clas- wherever it occurs ‘‘fiscal year 1999’’ and in- and how such programs can be improved sification and General Schedule pay rates. serting in lieu thereof ‘‘fiscal years 1999 and with respect to such purpose. (3) EXPERTS AND CONSULTANTS.—The Com- 2000’’. (c) MEMBERSHIP.— mission may procure temporary and inter- FHA MULTIFAMILY MORTGAGE CREDIT (1) NUMBER AND APPOINTMENT.—The Com- mittent services under section 3109(b) of title DEMONSTRATIONS mission shall be composed of 22 members, ap- 5, United States Code, but at rates for indi- pointed not later than January 1, 2000, as fol- SEC. 205. Section 542 of the Housing and viduals not to exceed the daily equivalent of lows: Community Development Act of 1992 is the maximum annual rate of basic pay pay- (A) 2 co-chairpersons appointed by— amended— able for the General Schedule. (i) 1 co-chairperson appointed by a com- (1) in subsection (b)(5) by striking ‘‘during (4) STAFF OF FEDERAL AGENCIES.—Upon re- mittee consisting of the chairmen of the fiscal year 1999’’, and inserting ‘‘in each of quest of the Commission, the head of any Subcommittees on the Departments of Vet- fiscal years 1999 and 2000’’, and Federal department or agency may detail, on erans Affairs and Housing and Urban Devel- (2) in the first sentence of subsection (c)(4) a reimbursable basis, any of the personnel of opment, and Independent Agencies of the by striking ‘‘during fiscal year 1999’’ and in- that department or agency to the Commis- Committees on Appropriations of the House serting ‘‘in each of fiscal years 1999 and sion to assist it in carrying out its duties of Representatives and the Senate, and the 2000’’. under this Act. chairman of the Subcommittee on Housing REPROGRAMMING and Community Opportunities of the House (e) POWERS.— SEC. 206. Of the amounts made available of Representatives and the chairman of the (1) HEARINGS AND SESSIONS.—The Commis- under the 6th undesignated paragraph under Subcommittee on Housing and Transpor- sion may, for the purpose of carrying out the heading ‘‘COMMUNITY PLANNING AND DE- tation of the Senate; and this section, hold hearings, sit and act at VELOPMENT—COMMUNITY DEVELOPMENT BLOCK (ii) 1 co-chairperson appointed by a com- times and places, take testimony, and re- GRANTS’’ in title II of the Departments of mittee consisting of the ranking minority ceive evidence as the Commission considers Veterans Affairs and Housing and Urban De- members of the Subcommittees on the De- appropriate. velopment, and Independent Agencies Appro- partments of Veterans Affairs and Housing (2) POWERS OF MEMBERS AND AGENTS.—Any priations Act, 1999 (Public Law 105–276; 112 and Urban Development, and Independent member or agent of the Commission may, if Stat. 2477) for the Economic Development Agencies of the Committees on Appropria- authorized by the Commission, take any ac- Initiative (EDI) for grants for targeted eco- tions of the House of Representatives and tion which the Commission is authorized to nomic investments, the $1,000,000 to be made the Senate, and the ranking minority mem- take by this section. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7943

(3) OBTAINING OFFICIAL DATA.—The Com- assistance for a covered project, the Sec- 515(c) of the Multifamily Assisted Housing mission may secure directly from any de- retary shall make enhanced voucher assist- Reform and Affordability Act of 1997. partment or agency of the United States in- ance under this section available on behalf of (b) EFFECT OF RENTAL INCREASES ON OTHER formation necessary to enable it to carry out each family in an assisted dwelling unit ENHANCED VOUCHERS.—To the extent that this Act. Upon request of the Chairpersons of whose rent, as a result of a rent increase oc- amounts are provided in advance in appro- the Commission, the head of that depart- curring after the date of such expiration or priations Acts for enhanced vouchers (in- ment or agency shall furnish that informa- termination, exceeds 30 percent of adjusted cluding amendments and renewals) pursuant tion to the Commission. income. to the authority under the heading ‘‘Pre- (4) GIFTS, BEQUESTS, AND DEVISES.—The (2) ENHANCED ASSISTANCE.—Enhanced serving existing housing investment’’ in the Commission may accept, use, and dispose of voucher assistance under this section shall Departments of Veterans Affairs and Hous- gifts, bequests, or devises of services or prop- be voucher assistance under section 8(o) of ing and Urban Development, and Inde- erty, both real and personal, for the purpose the United States Housing Act of 1937, except pendent Agencies Appropriations Act, 1997 of aiding or facilitating the work of the Com- that under such enhanced voucher (Public Law 104–204; 110 Stat. 2884), each fam- mission. Gifts, bequests, or devises of money assistance— ily receiving such enhanced voucher assist- and proceeds from sales of other property re- (A) if the assisted family elects to remain ance after the date of prepayment or vol- ceived as gifts, bequests, or devises shall be in the covered project in which the family untary termination which continues to re- deposited in the Treasury and shall be avail- was residing on the date of the expiration of side in the housing occupied on the date of able for disbursement upon order of the Com- such contract and the rent for any year for prepayment or voluntary termination and mission. such unit exceeds the normally applicable the rent of which, absent enhanced voucher (5) MAILS.—The Commission may use the payment standard established by the public assistance, would exceed the greater of 30 United States mails in the same manner and housing agency pursuant to section 8(o), the percent of adjusted income or the rent paid under the same conditions as other depart- amount of rental assistance provided on be- by the family on such date, may continue to ments and agencies of the United States. half of the family shall be determined using receive such enhanced voucher assistance in- a payment standard that is equal to the rent (6) ADMINISTRATIVE SUPPORT SERVICES.— definitely, subject to other requirements of for the dwelling unit: Provided, That the rent Upon the request of the Commission, the Ad- that authority, as amended: Provided, That is reasonable in comparison to the rent ministrator of General Services shall provide rent resulting from rent increases occurring charged for comparable dwelling units in the to the Commission, on a reimbursable basis, later than one year after the date of prepay- private, unassisted local market; and the administrative support services nec- ment or voluntary termination may be used (B) if the assisted family elects to move essary for the Commission to carry out its to increase the applicable payment standard: from such covered project, subparagraph (A) responsibilities under this section. Provided further, That the rent for the dwell- shall not apply and the payment standard for (7) CONTRACT AUTHORITY.—The Commission ing unit is reasonable in comparison to the the dwelling unit occupied by the family may contract with and compensate govern- rent charged for comparable dwelling units shall be determined in accordance with sec- ment and private agencies or persons for in the private, unassisted local market. services, without regard to section 3709 of tion 8(o). the Revised Statutes (41 U.S.C. 5). (3) DEFINITIONS.—For purposes of this sec- RESCISSIONS tion, the following definitions shall apply: (f) REPORT.—The Commission shall submit SEC. 212. Of the balances remaining from to the Committees on Appropriations and (A) ASSISTED DWELLING UNIT.—The term funds appropriated to the Department of Banking and Financial Services of the House ‘‘assisted dwelling unit’’ means a dwelling Housing and Urban Development in Public unit that— of Representatives and the Committees on Law 105–65 and prior appropriations Acts, (i) is in a covered project; and Appropriations and Banking, Housing, and $74,400,000 is rescinded: Provided, That the (ii) is covered by rental assistance provided Urban Affairs of the Senate a final report amount rescinded shall be comprised of— under the contract for project-based assist- not later than March 1, 2002. The report shall (1) $30,552,000 of the amounts that were ap- ance for the covered project. contain a detailed statement of the findings propriated for the modernization of public (B) COVERED PROJECT.—The term ‘‘covered and conclusions of the Commission with re- housing unit; under the heading ‘‘Annual project’’ means any housing that— spect to the study conducted under sub- contributions for assisted housing’’, includ- (i) consists of more than 4 dwelling units; section (b), together with its recommenda- ing an amount equal to the amount trans- (ii) is covered in whole or in part by a con- tions for legislation, administrative actions, ferred from such account to, and merged tract for project-based assistance under— with amounts under the heading ‘‘Public and any other actions the Commission con- (I) the new construction or substantial re- housing capital fund’’; siders appropriate. habilitation program under section 8(b)(2) of (g) TERMINATION.—The Commission shall (2) $3,048,000 of the amounts from which no the United States Housing Act of 1937 (as in terminate on June 30, 2002. Section effect before October 1, 1983); disbursements have been made within five 14(a)(2)(B) of the Federal Advisory Com- (II) the property disposition program under successive fiscal years beginning after Sep- mittee Act (5 U.S.C. App.; relating to the section 8(b) of the United States Housing Act tember 30, 1993, that were appropriated under termination of advisory committees) shall of 1937; the heading ‘‘Annual contributions for as- not apply to the Commission. (III) the moderate rehabilitation program sisted housing’’, including an amount equal FHA TECHNICAL CORRECTION under section 8(e)(2) of the United States to the amount transferred from such account to the account under the heading ‘‘Housing SEC. 209. Section 203(b)(2)(A)(ii) of the Na- Housing Act of 1937 (as in effect before Octo- tional Housing Act (12 U.S.C. ber 1, 1991); certificate fund’’; 1709(b)(2)(A)(ii)) is amended by adding before (IV) the loan management assistance pro- (3) $22,975,000 of amounts appropriated for ‘‘48 percent’’ the following: ‘‘the greater of gram under section 8 of the United States homeownership assistance under section the dollar amount limitation in effect under Housing Act of 1937; 235(r) of the National Housing Act, including this section for the area on the date of enact- (V) section 23 of the United States Housing $6,875,000 appropriated in Public Law 103–327 ment of the Departments of Veterans Affairs Act of 1937 (as in effect before January 1, (approved September 28, 1994, 104 Stat. 2305) and Housing and Urban Development, and 1975); for such purposes; Independent Agencies Appropriations Act for (VI) the rent supplement program under (4) $11,400,000 of the amounts appropriated Fiscal Year 1999 or’’. section 101 of the Housing and Urban Devel- for the Homeownership and Opportunity for People Everywhere programs (HOPE pro- REUSE OF CERTAIN BUDGET AUTHORITY opment Act of 1965; or (VII) section 8 of the United States Hous- grams), as authorized by the Cranston-Gon- SEC. 210. Section 8(z) of the United States ing Act of 1937, following conversion from as- zalez National Affordable Housing Act; and Housing Act of 1937 is amended— sistance under section 101 of the Housing and (5) $6,400,000 of the balances remaining in (1) in paragraph (1)— Urban Development Act of 1965; the account under the heading ‘‘Nonprofit (A) by inserting after ‘‘on account of’’ the (iii) is covered by a contract which under Sponsor Assistance Account’’. following: ‘‘expiration or’’; and its own terms expires on or after October 1, (B) by striking the parenthetical phrase; GRANT FOR NATIONAL CITIES IN SCHOOLS 2000, but before October 1, 2004; and SEC. 213. For a grant to the National Cities (iv) is not housing for which residents are (2) by striking paragraph (3). in Schools Community Development pro- eligible for enhanced voucher assistance as gram under section 930 of the Housing and ENHANCED VOUCHERS provided under the heading ‘‘Preserving Ex- Community Development Act of 1992, SEC. 211. (a) ENHANCED VOUCHERS UPON isting Housing Investment’’ in the Depart- $5,000,000. CONTRACT EXPIRATION.—In the case of con- ments of Veterans Affairs and Housing and tracts for project-based assistance under sec- Urban Development, and Independent Agen- MOVING TO WORK DEMONSTRATION tion 8 that are not renewed, the following cies Appropriations Act, 1997 (Public Law SEC. 214. For the Moving to Work Dem- provisions shall apply: 104–204; 110 Stat. 2884), pursuant to such pro- onstration program as set forth in Public (1) IN GENERAL.—To the extent that vision or any other subsequently enacted Law 104–204 (110 Stat. 2888), $5,000,000. amounts for assistance under this section provision of law; and are provided in advance in appropriations (v) is not housing for which residents are REPEALER Acts, after the date of the expiration or ter- eligible for enhanced voucher assistance as SEC. 215. Section 218 of Public Law 104–204 mination of the contract for project-based provided in paragraphs (3) and (4) of section is repealed. H7944 CONGRESSIONAL RECORD — HOUSE September 8, 1999 b 1745 and the technical assistance program under and then receive a stipend to educate section 108 shall not be considered to be ad- themselves and improve their lives. Mr. WALSH (during the reading). Mr. ministrative expenses. Chairman, I ask unanimous consent Mr. Chairman, I hope and pray if this CONSUMER PRODUCT SAFETY COMMISSION bill ultimately gets my support before that title II be considered as read and SALARIES AND EXPENSES it is then sent to the Senate that in printed in the RECORD. For necessary expenses of the Consumer conference the funding for the Corpora- The CHAIRMAN pro tempore (Mr. Product Safety Commission, including hire tion for National Service will be re- PEASE). Is there objection to the re- of passenger motor vehicles, services as au- stored. I am certain I will vote against quest of the gentleman from New thorized by 5 U.S.C. 3109, but at rates for in- any legislation in final passage that York? dividuals not to exceed the per diem rate does not provide for this very sensible There was no objection. equivalent to the maximum rate payable program. The CHAIRMAN pro tempore. Are under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials’ Ms. JACKSON-LEE of Texas. Mr. there any amendments to that portion Chairman, will the gentleman yield? of the bill? contributions to Commission activities, and not to exceed $500 for official reception and Mr. SHAYS. I yield to the gentle- If not, the Clerk will read. representation expenses, $47,000,000. woman from Texas. The Clerk read as follows: CORPORATION FOR NATIONAL AND COMMUNITY Ms. JACKSON-LEE of Texas. Mr. TITLE III—INDEPENDENT AGENCIES SERVICE Chairman, I thank the gentleman from AMERICAN BATTLE MONUMENTS COMMISSION NATIONAL AND COMMUNITY SERVICE PROGRAMS Connecticut for yielding to me. Apparently the fact that the gen- SALARIES AND EXPENSES OPERATING EXPENSES tleman is from Connecticut, I am from For necessary expenses, not otherwise pro- Of the funds appropriated under this head- vided for, of the American Battle Monu- ing in Public Law 105–276, the Corporation Texas, States that are very far apart, ments Commission, including the acquisition for National and Community Service shall each can stand up and acknowledge the of land or interest in land in foreign coun- use such amounts of such funds as may be good work we have seen from those tries; purchases and repair of uniforms for necessary to carry out the orderly termi- young people in AmeriCorps. caretakers of national cemeteries and monu- nation of the programs, activities, and ini- The pleasure of being home is hear- ments outside of the United States and its tiatives under the National Community ing from our constituents and hearing territories and possessions; rent of office and Service Act of 1990 (Public Law 103–82) and about all the exciting things that are garage space in foreign countries; purchase the Corporation: Provided, That such sums happening. In the course of being home (one for replacement only) and hire of pas- shall be utilized to resolve all responsibil- in Houston I was able to see some of senger motor vehicles; and insurance of offi- ities and obligations in connection with said the kinds of projects AmeriCorps is in- cial motor vehicles in foreign countries, Corporation. when required by law of such countries, volved in and some of the appreciation Mr. SHAYS. Mr. Chairman, I move to and compliments coming from our $28,467,000, to remain available until ex- strike the last word. pended. school district, saying, we did not have Mr. Chairman, I do not intend to a preschool teacher or aide, but we CHEMICAL SAFETY AND HAZARD INVESTIGATION offer an amendment and will not take BOARD have one now because the AmeriCorps the whole 5 minutes, but I just want to young person is involved. SALARIES AND EXPENSES express a tremendous reservation I For necessary expenses in carrying out ac- With all the shortages in the teach- have about the lack of funding for the ing profession, shortages of teachers, tivities pursuant to section 112(r)(6) of the Corporation for National and Commu- Clean Air Act, including hire of passenger AmeriCorps is most helpful in our edu- vehicles, and for services authorized by 5 nity Service and particularly the cational system. Those young people U.S.C. 3109, but at rates for individuals not AmeriCorps program. are close to our children’s age. They to exceed the per diem equivalent to the The bottom line is this program has are understanding. They are com- maximum rate payable for senior level posi- done extraordinary things to help our mitted to their own education. They tions under 5 U.S.C. 5376, $9,000,000: Provided, country in so many different commu- are good role models. That the Chemical Safety and Hazard Inves- nity services. It provides a stipend to So I would hope, too, that whatever tigation Board shall have not more than countless numbers of young people and happens on this bill, that we see the three career Senior Executive Service posi- older people who choose to serve our tions. value of AmeriCorps, and we be able to country in a program which allows the support an increase of funding of that DEPARTMENT OF THE TREASURY States to design two-thirds of the pro- particular part of this legislation. COMMUNITY DEVELOPMENT FINANCIAL grams; in fact, even more than that. Mr. WALSH. Mr. Chairman, will the INSTITUTIONS Approximately one-third is a nation- gentleman yield? COMMUNITY DEVELOPMENT FINANCIAL ally-funded program, and two-thirds Mr. SHAYS. I yield to the gentleman INSTITUTIONS are State-designed. from New York. FUND PROGRAM ACCOUNT Young people and older people pro- Mr. WALSH. Mr. Chairman, I thank To carry out the Community Development vide services in health care, in housing, the gentleman from Connecticut, my Banking and Financial Institutions Act of in education, in public safety. They re- good friend, for yielding to me. 1994 and to establish and carry out a micro- ceive a basic minimum wage, plus an I will be very brief. No one is more enterprise technical assistance and capacity education stipend of $4,750 for each aware of the fact that in order for this building grant program, including services year served. bill to gain the President’s signature, authorized by 5 U.S.C. 3109, but at rates for the President’s favorite program with- individuals not to exceed the per diem rate Mr. Chairman, this is a program that equivalent to the rate for ES–3, $70,000,000, to Republicans should love and not try to in this bill will have to be funded at remain available until September 30, 2001, of eliminate, because it simply encour- some level. I would be happy to com- which up to $7,860,000 may be used for admin- ages people to serve in our commu- municate with the gentleman from istrative expenses, up to $16,500,000 may be nities and receive an educational grant Connecticut as we go down the road on used for the cost of direct loans, and up to for some of that service. Mr. Chairman, this program that we both see some $1,000,000 may be used for administrative ex- in many cases it is helping those indi- value to. penses to carry out the direct loan program: viduals that have the greatest need for Mr. SHAYS. I thank the gentleman. Provided, That the cost of direct loans, in- The CHAIRMAN pro tempore. The cluding the cost of modifying such loans, this type of financial support. I weep mentally that my party has Clerk will read. shall be as defined in section 502 of the Con- The Clerk read as follows: gressional Budget Act of 1974: Provided fur- not recognized the value of a program OFFICE OF INSPECTOR GENERAL ther, That these funds are available to sub- of national service in our country. It sidize gross obligations for the principal was something we used to advocate be- For necessary expenses of the Office of In- spector General in carrying out the Inspec- amount of direct loans not to exceed fore there was a President Clinton and $53,140,000: Provided further, That not more tor General Act of 1978, as amended, before it became his program. It was a $3,000,000. than $30,000,000 of the funds made available program we used to think made sense under this heading may be used to carry out COURT OF APPEALS FOR VETERANS CLAIMS section 114 of the Community Development because it was not a hand-out. Young SALARIES AND EXPENSES Banking and Financial Institutions Act of people worked for a minimum wage. For necessary expenses for the operation of 1994: Provided further, That costs associated They provided service to so many dif- the United States Court of Appeals for Vet- with the training program under section 109 ferent individuals and organizations erans Claims as authorized by 38 U.S.C. 7251– September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7945 7298, $11,450,000, of which $910,000 shall be budget. Sixty percent of these funds go store $400 million, taking it from the available for the purpose of providing finan- directly to NASA’s Jet Propulsion Lab- AmeriCorps program and putting it cial assistance as described, and in accord- oratory. This cut is a step backward into NASA. Those decisions are very ance with the process and reporting proce- for our Nation, which to date has led difficult to make. dures set forth under this heading in Public Law 102–229. the world in pioneering the exploration We are being asked to make another of space. difficult decision today, take these DEPARTMENT OF DEFENSE—CIVIL This is wrong and I urge my col- funds away from EPA and give them to CEMETERIAL EXPENSES, ARMY leagues to join my friend, the gen- NASA. I have stated in the discussion SALARIES AND EXPENSES tleman from Virginia, and me to re- that as we go down the road in this For necessary expenses, as authorized by verse this trend by voting for the process, I will work with all Members law, for maintenance, operation, and im- Rogan-Bateman amendment. The to try to find a way, including with the provement of Arlington National Cemetery Rogan-Bateman amendment will re- and Soldiers’ and Airmen’s Home National administration and the Senate, to try Cemetery, including the purchase of two pas- store $105 million to NASA’s aero- to find a way to provide those needed senger motor vehicles for replacement only, nautics, science and technology pro- funds for NASA to provide the research and not to exceed $1,000 for official reception grams. These funds will go for invest- and development and the technology and representation expenses, $12,473,000, to ments that are science fact and not products they have worked on for so remain available until expended. science fiction. many years and that have provided so ENVIRONMENTAL PROTECTION AGENCY These programs are not only impor- many benefits to humanity. tant to local economies around the SCIENCE AND TECHNOLOGY b 1800 (INCLUDING TRANSFER OF FUNDS) country, they are the root of a new However, to take these funds out of For science and technology, including re- economy for our Nation where high- search and development activities, which tech programs from years past become an EPA budget, especially from this shall include research and development ac- the commercial products of today. area, which ultimately are categorical tivities under the Comprehensive Environ- In just the last decade, technologies grants, these funds would normally go mental Response, Compensation, and Liabil- developed by NASA, JPL, and their af- to the States for clean water projects, ity Act of 1980 (CERCLA), as amended; nec- filiated programs have yielded prod- for sewer projects, for environmental essary expenses for personnel and related ucts and services that have dramati- clean up projects in all 50 States. costs and travel expenses, including uni- cally changed our way of life. For in- Now, as all colleagues know, many of forms, or allowances therefore, as authorized stance, it was these scientific experts our communities, our hometown com- by 5 U.S.C. 5901–5902; services as authorized munities, are under court order or by 5 U.S.C. 3109, but at rates for individuals that produced laser technology that not to exceed the per diem rate equivalent to now gives surgeons the ability to per- under Federal mandate by EPA to the maximum rate payable for senior level form less invasive laser angioplasty clean up their water, to clean up their positions under 5 U.S.C. 5376; procurement of surgery, which is helping thousands of air, and to take care of the Superfund laboratory equipment and supplies; other op- Americans conquer heart disease. sites that are around the Nation. These erating expenses in support of research and Also, NASA-JPL technology has pro- funds would come out of that pool of development; construction, alteration, re- vided engineers with powerful tele- available funds. I think it is a bad deci- pair, rehabilitation, and renovation of facili- communications components, making sion to take EPA funds, provide them ties, not to exceed $75,000 per project, to NASA when there may be some op- $645,000,000, which shall remain available it easier for us to complete wireless until September 30, 2001: Provided, That the telephone calls. In addition, JPL ex- portunity down the road to support the obligated balance of sums available in this perts produced the infrared technology needs of the NASA program. account shall remain available through Sep- that led to the development of the So I would strongly urge my col- tember 30, 2008 for liquidating obligations inner ear thermometers we now use on leagues to resist the temptation to made in fiscal years 2000 and 2001: Provided a daily basis for our children. take the money from NASA and take further, That the obligated balance of funds These are just a few examples, and the money from EPA and provide it to transferred to this account in Public Law they are just the tip of the iceberg. Our NASA because these funds are sorely 105–276 shall remain available through Sep- needed for our environmental projects tember 30, 2007 for liquidating obligations investment in NASA and JPL high- made in fiscal years 1999 and 2000. tech development has made all of this right here on Earth. Mr. BATEMAN. Mr. Chairman, I AMENDMENT OFFERED BY MR. ROGAN possible. The proposed cuts will deeply move to strike the last word. Mr. ROGAN. Mr. Chairman, I offer an hurt our national scientific advantages in the future. A large portion of the Mr. Chairman, I rise in support of the amendment. Rogan-Bateman amendment because I The Clerk read as follows: proposed cuts to NASA are sent to re- search institutions, and these institu- think it is critical to the Nation’s fu- Amendment offered by Mr. ROGAN: tions, colleges large and small, provide ture. There is no question that we have Page 63, line 5, insert ‘‘(reduced by to make difficult choices. I am in no $7,000,000)’’ after the dollar amount. the training ground for tomorrow’s ex- Page 64, line 4, insert ‘‘(reduced by perts. Those who today wish to turn way unsympathetic to the difficult $58,000,000)’’ after the dollar amount. their backs on science are the heirs of choices the subcommittee and the full Page 66, line 11, insert ‘‘(reduced by those who scoffed at Columbus because Committee on Appropriations have had $1,000,000)’’ after the dollar amount. they were sure that the Earth was flat. to make. I think they have made Page 66, line 20, insert ‘‘(reduced by The Congress must look to tomor- choices that were not in the Nation’s $15,000,000)’’ after the dollar amount. row. Supporting NASA and JPL is an interest and which they would prefer Page 66, line 24, insert ‘‘(reduced by not to have made. But we do have to $15,000,000)’’ after the dollar amount. investment in our children’s future. I Page 68, line 3, insert ‘‘(reduced by urge my colleagues to vote for the make choices. $1,000,000)’’ after the dollar amount. Rogan-Bateman amendment and join One choice that I find not too dif- Page 68, line 16, insert ‘‘(reduced by us in battling for full funding for JPL ficult is to take from the EPA budget $31,000,000)’’ after the dollar amount. and other crucial NASA space science 1.55 percent of what is appropriated Page 79, line 19, insert ‘‘(increased by programs. under the bill, leaving them with 99.9 $105,000,000)’’ after the dollar amount. Mr. WALSH. Mr. Chairman, I rise in percent of the full entire Presidential Mr. ROGAN (during the reading). Mr. opposition to the amendment. request for EPA, and transfer it to the Chairman, I ask unanimous consent Mr. Chairman, I fully understand the NASA science, aeronautics, and tech- that the amendment be considered as concerns of my colleagues from Cali- nology accounts which have been read and printed in the RECORD. fornia and Virginia. We have had, as desparately hit through an era where The CHAIRMAN pro tempore. Is the chairman has heard himself, a we have moved from a NASA budget there objection to the request of the number of discussions about the reduc- that started at the end of the Bush ad- gentleman from California? tion of $1 billion in NASA funding. ministration at something like $14.55 There was no objection. This is a major reduction, there is no billion and which, under the committee Mr. ROGAN. Mr. Chairman, today question about it. However, at the version of the bill, will have shrunk to the House is poised to cut more than $1 committee level we had a $1.4 billion $12.65 billion. Much of that has been billion from NASA’s space science reduction in NASA and were able to re- taken out of the NASA aeronautics H7946 CONGRESSIONAL RECORD — HOUSE September 8, 1999 budget which has declined by $400 mil- munities receiving funds to ensure safe tured to take 1.1 percent from an ac- lion in the past 2 years. and pure water. count, 3.1 from an account that is a Today we are faced with a situation If those cuts that are already in the $1,815,000,000 account. This is not egre- where aeronautical research in the bill that I just enumerated are not gious to EPA. United States is being starved to enough, the gentleman’s amendment But believe me, to say that one of the death, and we cannot permit it to con- would require an additional $100 mil- defects of my amendment is that it is tinue. Our military aircraft are the lion reduction to EPA programs. only a drop in the bucket of what best of the world because of the re- The proposed amendment, if adopted, NASA needs I think is turning sound search performed by NASA. The Air would lead to further reductions in argument upside down. I think it cer- Force F–15, F–16, B–2, F–22, C–17 and C– Superfund to $15 million, which would tainly behooves us to at least do that 130 J would not be as effective as they mean the completion of fewer Super- much and do it now when there is a are today except for the research at fund toxic waste sites. clear way to do it, making a rational NASA. The same can be said of the It would result in a further reduction public policy choice. Navy and Marine Corps’ F–14, F/A–18, to the clean water efforts, meaning I urge my colleagues to make that the AV–8, and the EA–6B. that the 180 million Americans who choice by supporting the Rogan-Bate- If the NASA budget is allowed to de- visit the coast every year may experi- man amendment. cline further, the Nation will lose a de- ence more beach closures from sewage Mr. CUNNINGHAM. Mr. Chairman, I cisive edge in military might. It will spills and pollution runoff. yield to the gentleman from California lose its edge in commercial aviation. It Twenty-eight million Americans (Mr. ROGAN) where Thomas Jefferson will lose its edge in the export of the whose jobs are supported by coastal did not go to college. largest producer toward a balance of waters could be impacted by increased Mr. ROGAN. Mr. Chairman, I thank payments in our favor in the country fish contamination and low dissolved the gentleman for yielding to me. I can oxygen levels. A further reduction to assure him Thomas Jefferson wishes he next to, if not including, agriculture. These are things we should not per- air programs, which would mean that had gone to California, particularly UC mit to happen, and the way to prevent additional tons of air toxics will ad- Berkeley, my alma mater. Mr. Chairman, I just wanted to fol- doing it is to support the Rogan-Bate- versely affect the health of our most low up on the comments from the gen- man amendment allowing EPA to get vulnerable populations. The gentleman’s amendment would tleman from Virginia (Mr. BATEMAN) 99.9 percent of its budget request while mean a further reduction to environ- and respectfully respond to the gen- NASA is not reduced by the 1 billion or mental enforcement meaning that tleman from West Virginia (Mr. MOL- more dollars that this would con- fewer inspections and investigations LOHAN). template. I ask my colleagues’ support would be conducted. The largest cut to EPA is a 3 percent for the Rogan-Bateman amendment. The gentleman’s amendment would cut that the gentleman from Virginia Mr. MOLLOHAN. Mr. Chairman, I result in cuts in funding for the agen- (Mr. BATEMAN) just identified, and I move to strike the requisite number of cy’s 9 compliance assistance centers, want to read just briefly the type of words. jeopardizing the support that thou- things that we are seeking this minor Mr. Chairman, I rise in opposition to sands of facilities now receive. reduction in: travel expenses, including the gentleman’s amendment. Let me Finally, Mr. Chairman, a reduction uniforms or allowances thereof; hire of first say that I recognize the good in- to the agency’s important work would passenger motor vehicles; higher main- tentions of the gentleman from Vir- be affected if the gentleman’s amend- tenance and operation of aircraft; pur- ginia (Mr. BATEMAN). I would agree ment were adopted, important work on chase of reprints; library memberships with him that NASA science, aero- pesticides safety, when that would in societies or associations which issue nautics and technology account is seri- mean that the agency could not com- publications to members only or at a ously underfunded and will need a plete the work Congress instructed it price to members lower than sub- major influx of resources between now to do in the recent Food Safety Act. scribers. and the time it is sent to the White Hundreds of pesticide tolerances would Mr. Chairman, this is hardly the House. not be reassessed. Foods with unac- gloom and doom scenario that has been As I have said previously, I believe ceptable levels of pesticide would go outlined. This is a minor cut to a less we should be increasing NASA’s budg- undetected and potentially put thou- than national security related pro- et, not determining where it should be sands of Americans at risk for cancer gram; and in exchange, we can fund cut. Nevertheless, I must oppose the and birth defects. science. I think clearly that our prior- gentleman’s amendment for the same Mr. Chairman, for these reasons, I ities ought to be in that regard rather reasons that I am opposing most of the would oppose the gentleman’s amend- than to library memberships and asso- NASA and NSF related amendments. ment and would ask that my col- ciations for EPA bureaucrats. First, this kind of amendment, if leagues join me in defeating it. Mr. CUNNINGHAM. Mr. Chairman, I passed, could give the false impression Mr. CUNNINGHAM. Mr. Chairman, I yield to the gentleman from Florida that this part of the NASA budget is move to strike the requisite number of (Mr. WELDON), our famous doctor. now fixed. Mr. Chairman, nothing words. Mr. WELDON of Florida. Mr. Chair- could be further from the truth. The Mr. Chairman, I yield to the gen- man, I thank the gentleman for yield- science, aeronautics, and technology tleman from Virginia (Mr. BATEMAN), ing to me. allocation in this bill is $678 million from the home of Thomas Jefferson Mr. Chairman, I believe there are below the current year appropriation. and William and Mary, which he at- some powerful arguments on both sides This amendment is something of a drop tended. of this issue. I recognize that the sub- in the bucket. Mr. BATEMAN. Mr. Chairman, I ap- committee chairman has a significant Secondly, Mr. Chairman, I must op- preciate very much the gentleman challenge. I rise in support of the pose this amendment due to the nature yielding to me. Thomas Jefferson did, amendment. This is a tough decision, I of the offsets which the gentleman has indeed, reside in my district when he will agree to that. identified. Even without this amend- attended the college of William and EPA does a lot of important work. ment, the reductions to EPA already Mary. But I remember reading a quote from recommended by the Committee on Ap- Mr. Chairman, I rise to point out John Kennedy once where he said one propriations will reduce by $194 million that, under the terms of the Rogan- of the things that amazed him about the agency’s operating programs which Bateman amendment, the Environ- the Presidency was that the decisions are the backbone of its environmental mental Protection Agency accounts that percolated up to his level were all protection efforts, result in 246 fewer are not being ravaged or savaged. They the tough decisions. communities receiving grants under are 99.9 percent of what the President This is a tough decision. But I think the Clean Air Partnership Fund to help requested for the Environmental Pro- the gentleman’s offsets are reasonable. them determine the best ways to clean tection Agency. I encourage all of my colleagues to their air and improve the health of It does not come from any one single vote for the amendment of the gen- their citizens, and lead to 25 fewer com- EPA account. The amendment is struc- tleman from California (Mr. ROGAN). September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7947 Mr. SCOTT. Mr. Chairman, I move to Finally, Mr. Chairman, we also know the funding level initially approved by the VA± strike the requisite number of words. that funding for aeronautics research HUD subcommittee, and I thank Mr. WALSH Mr. Chairman, I rise in support of the is important to the national defense. and the members of the Committee for restor- Rogan-Bateman amendment and in op- This research is critical to maintain ing these funds. Nevertheless, reducing position to the severe cuts in the our military aircraft technological ad- NASA's budget by nearly $1 billion will threat- NASA budget. The bill before us today vantage. So any cuts in aeronautics re- en NASA's ability to move forward on a num- has a cut of $1 billion to NASA, an search will raise troubling national se- ber of important projects. It would reduce the agency which has already seen its curity issues. number of Space Shuttle missions that NASA budget decline year after year for the b 1815 can conduct in a given year, cancel comet ex- past 4 years. ploration missions such as Deep Impact, and I am especially concerned about the We simply cannot afford to go down delay probes of Pluto and the Sun, as well as impact these cuts will have on future the short-sighted road of funding cuts the international space station. funding of aeronautics research and de- to NASA. Our aeronautic balance of NASA's budget has been reduced in each velopment programs. This research and trade, our future airline safety, our year since 1992 and NASA has done an admi- development is crucial to preserve our military superiority all depend on in- rable job in showing other federal departments Nation’s long-standing lead in the avia- vestments to NASA research. For those how to do more with less. The Jet Propulsion tion market, to maintain continued ad- reasons, I support this amendment. Laboratory, for example, completed the mem- vancements in aviation safety, and to Mr. SENSENBRENNER. Mr. Chairman, I orable Mars Sojourner/Pathfinder mission for continue to provide our military air- rise in support of the Rogan amendment to in- less than it costs to produce some Hollywood craft with technological advantages. crease funding by $105 million for National blockbusters. However, the reduction pro- We already know that aeronautics Aeronautics and Space Administration's posed in H.R. 2684 could do real damage to R&D funding will be $150 million less in (NASA) Science, Aeronautics, and Technology NASA's long-term mission. Given our great in- 1999 and further cuts will be made in account. The appropriators made a good faith terest in developing a better understanding of research in the fiscal year 2000 budget effort to restore cuts to the Space Science the Solar System and the universe, I believe if this $1 billion cut to NASA is sus- budget during the bill's consideration by the Congress must ensure NASA an appropriate tained. full committee, but they did not go far enough. level of funding. Furthermore, besides the Previous cuts have already resulted More needs to be done, now and in con- in loss of valuable research. For exam- benefits we derive from learning more about ference. the universe, the space program has helped to ple, one program has already been sus- Space Science has been the bright spot in pended. That successful program had produce myriad commercial spinoffs that ben- NASA's research program. The space science efit the lives of average Americans every already started significantly reducing community recognized the coming budget noise of airplane engines. That pro- dayÐfrom compact computers to CD players crunch years ago and enthusiastically em- to the global positioning system. gram has been terminated before it can braced the ``faster, cheaper, better'' philosophy complete all it needed to do, and that Mr. Chairman, while I differ with Members of by doing business in a new way. The sci- the Appropriations Committee on some of their is at a time when we are spending mil- entists and engineers who lead our space ex- lions of dollars to insulate homes spending priorities, I want to compliment them ploration efforts took on new technical chal- for their commitment to spending restraint. around Chicago’s O’Hare’s airport be- lenges, applied more creative management cause of noise. It makes more sense to When Congress agreed two years ago to limit techniques, and dramatically increased their future growth in federal spending, we knew continue noise reduction research so productivity. This community is squeezing in- houses around all airports could ben- that it would require fiscal discipline, but it was creased scientific and technical productivity necessary to bring us the first balanced fed- efit. out of every nickel. Who can forget Mars Path- If the budget cuts remain, other valu- eral budget in a generation. Now, while Con- finder, which deposited a rover on the surface able research will also be in jeopardy. gress is making the tough choices, the Presi- of Mars for one-fifth of the cost of previous We know, for example, Mr. Chairman, dent is pretending that we can increase Mars missions? In just the last few years, the that investments in aeronautics re- spending on everything and still have a bal- search pays off. The aviation industry space science community has cut the cost of anced budget. Through their willingness to is the number one positive contributor spacecraft development by over 60 percent, support spending bills that are sometimes un- to the United States balance of trade, reduced development time by 25 percent, and popular, Members of Congress are protecting now even surpassing agriculture with a increased flight rate by 300 percent. Social Security and reducing the debt burden net contribution to our economy of Mr. Chairman, space science is an example that we leave for the next generation. more than $41 billion in 1998. This eco- of good government and good science. It's The CHAIRMAN pro tempore (Mr. nomic advantage is directly attrib- also the kind of good government that we PEASE). The question is on the amend- utable to our past investments and re- need to encourage by showing NASA's other ment offered by the gentleman from search. enterprises and the rest of the federal bu- California (Mr. ROGAN). Every aircraft worldwide uses NASA- reaucracy that success is rewarded, not pun- The question was taken; and the developed research. Principles devel- ished. As passed by Committee, the appro- Chairman pro tempore announced that oped from this research have contrib- priations bill sends the wrong signal and the noes appeared to have it. uted to overall aircraft safety and effi- makes the wrong kinds of cuts. The amend- Mr. BATEMAN. Mr. Chairman, I de- ciency, including things like wing de- ment corrects that oversight by transferring mand a recorded vote. sign, noise abatement, structural in- funds from a poorly-performing agency to a The CHAIRMAN pro tempore. Pursu- tegrity, and fuel efficiency. well-run scientific enterprise. It's an amend- ant to House Resolution 275, further It is important to remember that re- ment we should all embrace. proceedings on the amendment offered search was conducted over 5, 10, or Mr. DREIER. Mr. Chairman, I rise in support by the gentleman from California (Mr. even 20 years before the improvements of the Rogan amendment to restore funding ROGAN) will be postponed. were actually put on an airplane. So we for NASA's aeronautics, science and tech- The Clerk will read. are talking about long-term, sustained nology accounts. While I compliment the The Clerk read as follows: basic research that is necessary. Members of the Appropriations Committee for ENVIRONMENTAL PROGRAMS AND MANAGEMENT Mr. Chairman, it is also important to their determination to make the tough choices For environmental programs and manage- note that continued and increased in- needed to ensure that the projected budget ment, including necessary expenses, not oth- vestments in aeronautic research are surplus becomes reality, I believe that H.R. erwise provided for, for personnel and related crucial for advancements in aviation 2684 underfunds NASA's important work. The costs and travel expenses, including uni- safety and improvements in airport ca- Rogan amendment will help ensure that NASA forms, or allowances therefore, as authorized pacity. has the resources it needs to complete its sci- by 5 U.S.C. 5901–5902; services as authorized We know that air traffic is expected entifically-rewarding unmanned research on- by 5 U.S.C. 3109, but at rates for individuals to triple in the next decade. New con- not to exceed the per diem rate equivalent to time and under-budget. the maximum rate payable for senior level cepts, design, and technologies have to H.R. 2684 provides for a reduction in positions under 5 U.S.C. 5376; hire of pas- evolve if costs are to be contained and NASA's budget of $925 million from the ad- senger motor vehicles; hire, maintenance, safety and efficiency of aircraft are to ministration request. It is worth noting that this and operation of aircraft; purchase of re- be improved. represents an increase of $400 million from prints; library memberships in societies or H7948 CONGRESSIONAL RECORD — HOUSE September 8, 1999 associations which issue publications to Compensation, and Liability Act of 1980 cluding local revolving funds and other members only or at a price to members lower (CERCLA), as amended, including sections mechanisms for leveraging non-Federal re- than to subscribers who are not members; 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. sources; $50,000,000 for architectural, engi- construction, alteration, repair, rehabilita- 9611), and for construction, alteration, re- neering, planning, design, construction and tion, and renovation of facilities, not to ex- pair, rehabilitation, and renovation of facili- related activities in connection with the ceed $75,000 per project; and not to exceed ties, not to exceed $75,000 per project; not to construction of high priority water and $6,000 for official reception and representa- exceed $1,450,000,000, to remain available wastewater facilities in the area of the tion expenses, $1,850,000,000, which shall re- until expended, consisting of $725,000,000, as United States-Mexico Border, after consulta- main available until September 30, 2001: Pro- authorized by section 517(a) of the Superfund tion with the appropriate border commis- vided, That the obligated balance of such Amendments and Reauthorization Act of sion; $15,000,000 for grants to the State of sums shall remain available through Sep- 1986 (SARA), as amended by Public Law 101– Alaska to address drinking water and waste- tember 30, 2008 for liquidating obligations 508, and $725,000,000 as a payment from gen- water infrastructure needs of rural and Alas- made in fiscal years 2000 and 2001: Provided eral revenues to the Hazardous Substance ka Native Villages; $263,500,000 for making further, That none of the funds appropriated Superfund for purposes as authorized by sec- grants for the construction of wastewater by this Act shall be used to propose or issue tion 517(b) of SARA, as amended by Public and water treatment facilities and ground- rules, regulations, decrees, or orders for the Law 101–508: Provided, That funds appro- water protection infrastructure in accord- purpose of implementation, or in preparation priated under this heading may be allocated ance with the terms and conditions specified for implementation, of the Kyoto Protocol to other Federal agencies in accordance with for such grants in the report accompanying which was adopted on December 11, 1997, in section 111(a) of CERCLA: Provided further, this Act (H.R. 2684); and $884,957,000 for Kyoto, Japan at the Third Conference of the That $11,000,000 of the funds appropriated grants, including associated program support Parties to the United Nations Framework under this heading shall be transferred to costs, to States, federally recognized tribes, Convention on Climate Change, which has the ‘‘Office of inspector general’’ appropria- interstate agencies, tribal consortia, and air not been submitted to the Senate for advice tion to remain available until September 30, pollution control agencies for multi-media and consent to ratification pursuant to arti- 2001: Provided further, That notwithstanding or single media pollution prevention, control cle II, section 2, clause 2, of the United section 111(m) of CERCLA or any other pro- and abatement and related activities, includ- States Constitution, and which has not en- vision of law, $70,000,000 of the funds appro- ing activities pursuant to the provisions set tered into force pursuant to article 25 of the priated under this heading shall be available forth under this heading in Public Law 104– Protocol: Provided further, That none of the to the Agency for Toxic Substances and Dis- 134, and for making grants under section 103 funds made available in this Act may be used ease Registry to carry out activities de- of the Clean Air Act for particulate matter to implement or administer the interim scribed in sections 104(i), 111(c)(4), and monitoring and data collection activities: guidance issued on February 5, 1998, by the 111(c)(14) of CERCLA and section 118(f) of Provided, That, notwithstanding section Environmental Protection Agency relating SARA: Provided further, That $35,000,000 of 603(d)(7) of the Federal Water Pollution Con- to title VI of the Civil Rights Act of 1964 and the funds appropriated under this heading trol Act, as amended, the limitation on the designated as the ‘‘Interim Guidance for In- shall be transferred to the ‘‘Science and amounts in a State water pollution control vestigating Title VI Administrative Com- technology’’ appropriation to remain avail- revolving fund that may be used by a State plaints Challenging Permits’’ with respect to able until September 30, 2001: Provided fur- to administer the fund shall not apply to complaints filed under such title after Octo- ther, That none of the funds appropriated amounts included as principal in loans made ber 21, 1998, and until guidance is finalized. under this heading shall be available for the by such fund in fiscal year 2000 and prior Nothing in this proviso may be construed to Agency for Toxic Substances and Disease years where such amounts represent costs of restrict the Environmental Protection Agen- Registry to issue in excess of 40 toxicological administering or capitalizing the fund, to cy from developing or issuing final guidance profiles pursuant to section 104(i) of CERCLA the extent that such amounts are or were relating to title VI of the Civil Rights Act of during fiscal year 2000. deemed reasonable by the Administrator, ac- 1964: Provided further, That of the funds pro- LEAKING UNDERGROUND STORAGE TANK TRUST counted for separately from other assets in vided in this appropriation, $6,000,000 shall be FUND the fund, and used for eligible purposes of the fund, including administration or for made available to the states under the sec- For necessary expenses to carry out leak- capitalization of the fund: Provided further, tion 103 grants program for developing re- ing underground storage tank cleanup activi- That beginning in fiscal year 2000 and there- gional haze programs under title I, part C of ties authorized by section 205 of the Super- after, notwithstanding section 518(f) of the the Clean Air Act, as amended: Provided fur- fund Amendments and Reauthorization Act Federal Water Pollution Control Act, as ther, That notwithstanding 7 U.S.C. 136r and of 1986, and for construction, alteration, re- amended, the Administrator is authorized to 15 U.S.C. 2609, beginning in fiscal year 2000 pair, rehabilitation, and renovation of facili- use the amounts appropriated for any fiscal and thereafter, grants awarded under section ties, not to exceed $75,000 per project, year under section 319 of that Act to make 20 of the Federal Insecticide, Fungicide, and $60,000,000, to remain available until ex- grants to Indian Tribes pursuant to section Rodenticide Act, as amended, and section 10 pended. of the Toxic Substances Control Act, as 319(h) and 518(e) of that Act: Provided further, amended, shall be available for research, de- OIL SPILL RESPONSE That notwithstanding any other provision of velopment, monitoring, public education, (INCLUDING TRANSFER OF FUNDS) law, all claims for principal and interest reg- training, demonstrations, and studies. For expenses necessary to carry out the istered through grant dispute AA–91–A34 or OFFICE OF INSPECTOR GENERAL Environmental Protection Agency’s respon- any other such dispute hereafter filed by the sibilities under the Oil Pollution Act of 1990, Environmental Protection Agency relative For necessary expenses of the Office of In- $15,000,000, to be derived from the Oil Spill to water pollution control center and sewer spector General in carrying out the provi- Liability trust fund, to remain available system improvement grants numbers C– sions of the Inspector General Act of 1978, as until expended. 390996–01, C–390996–2, and C–390996–3 made in amended, and for construction, alteration, 1976 and 1977 are hereby resolved in favor of repair, rehabilitation, and renovation of fa- STATE AND TRIBAL ASSISTANCE GRANTS the grantee. cilities, not to exceed $75,000 per project, For environmental programs and infra- The Environmental Protection Agency and $30,000,000, to remain available until Sep- structure assistance, including capitaliza- the New York State Department of Environ- tember 30, 2001: Provided, That the sums tion grants for State revolving funds and mental Conservation are authorized to available in this account shall remain avail- performance partnership grants, award, from construction grant reallotments able through September 30, 2008 for liqui- $3,199,957,000, to remain available until ex- to the State of New York of previously ap- dating obligations made in fiscal years 2000 pended, of which $1,175,000,000 shall be for propriated funds, supplemental grant assist- and 2001: Provided further, That the obligated making capitalization grants for the Clean ance to Nassau County, New York, for addi- balance of funds transferred to this account Water State Revolving Funds under title VI tional odor control at the Bay Park and in Public Law 105–276 shall remain available of the Federal Water Pollution Control Act, Cedar Creek wastewater treatment plants, through September 30, 2007 for liquidating as amended, and $775,000,000 shall be for cap- notwithstanding initiation of construction obligations made in fiscal years 1999 and italization grants for the Drinking Water or prior State Revolving Fund funding. Nas- 2000. State Revolving Funds under section 1452 of sau County may elect to accept a combined the Safe Drinking Water Act, as amended, BUILDINGS AND FACILITIES lump-sum of $15,000,000, paid in advance of except that, notwithstanding section 1452(n) For construction, repair, improvement, ex- construction, in lieu of a 75 percent entitle- of the Safe Drinking Water Act, as amended, tension, alteration, and purchase of fixed ment, to minimize grant and project admin- none of the funds made available under this equipment or facilities of, or for use by, the istration. heading in this Act, or in previous appropria- Environmental Protection Agency, tions acts, shall be reserved by the Adminis- EXECUTIVE OFFICE OF THE PRESIDENT $62,600,000, to remain available until ex- trator for health effects studies on drinking OFFICE OF SCIENCE AND TECHNOLOGY POLICY pended. water contaminants; $36,500,000 for a clean For necessary expenses of the Office of HAZARDOUS SUBSTANCE SUPERFUND air partnership fund demonstration program Science and Technology Policy, in carrying (INCLUDING TRANSFER OF FUNDS) under section 103 of the Clean Air Act to sup- out the purposes of the National Science and For necessary expenses to carry out the port programs to achieve early, integrated Technology Policy, Organization, and Prior- Comprehensive Environmental Response, reductions in emissions of air pollutants, in- ities Act of 1976 (42 U.S.C. 6601 and 6671), hire September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7949 of passenger motor vehicles, and services as Water Resources and Environment, National Flood Insurance Act of 1968, as authorized by 5 U.S.C. 3109, not to exceed who has now appeared. amended, and the Flood Disaster Protection $2,500 for official reception and representa- The CHAIRMAN pro tempore. The Act of 1973, as amended (42 U.S.C. 4001 et tion expenses, and rental of conference gentleman from Virginia makes a seq.), the Robert T. Stafford Disaster Relief rooms in the District of Columbia, $5,108,000. point of order against the proviso be- and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards Reduc- COUNCIL ON ENVIRONMENTAL QUALITY AND ginning on line 15, page 70 through OFFICE OF ENVIRONMENTAL QUALITY tion Act of 1977, as amended (42 U.S.C. 7701 et ‘‘Act:’’ on line 22. The proviso waives seq.), the Federal Fire Prevention and Con- For necessary expenses to continue func- the Federal Water Pollution Control tions assigned to the Council on Environ- trol Act of 1974, as amended (15 U.S.C. 2201 et mental Quality and Office of Environmental Act. Waiving provisions of existing law seq.), the Defense Production Act of 1950, as Quality pursuant to the National Environ- constitutes legislation on an appropria- amended (50 U.S.C. App. 2061 et seq.), sec- mental Policy Act of 1969, the Environ- tions bill. Accordingly, the point of tions 107 and 303 of the National Security mental Quality Improvement Act of 1970, and order is sustained and the proviso is Act of 1947, as amended (50 U.S.C. 404–405), Reorganization Plan No. 1 of 1977, $2,827,000: stricken. and Reorganization Plan No. 3 of 1978, $280,787,000: Provided, That for purposes of Provided, That notwithstanding section 202 of The Clerk will read. the National Environmental Policy Act of pre-disaster mitigation pursuant to 42 U.S.C. The Clerk read as follows: 5131 (b) and (c) and 42 U.S.C. 5196 (e) and (i), 1970, the Council shall consist of one mem- FEDERAL DEPOSIT INSURANCE CORPORATION ber, appointed by the President, by and with $25,000,000 of the funds made available under the advice and consent of the Senate, serving OFFICE OF INSPECTOR GENERAL this heading shall be available until ex- as chairman and exercising all powers, func- (INCLUDING TRANSFER OF FUNDS) pended for project grants: Provided further, tions, and duties of the Council. For necessary expenses of the Office of In- That beginning in fiscal year 2000 and each fiscal year thereafter, and notwithstanding Mr. BATEMAN. Parliamentary in- spector General in carrying out the provi- sions of the Inspector General Act of 1978, as any other provision of law, the Director of quiry, Mr. Chairman. Have we reached amended, $33,666,000, to be derived from the FEMA is authorized to provide assistance page 70? Bank Insurance Fund, the Savings Associa- from funds appropriated under this heading, The CHAIRMAN pro tempore. We tion Insurance Fund, and the FSLIC Resolu- subject to terms and conditions as the Direc- have passed page 70 in the reading, and tion Fund. tor of FEMA shall establish, to any State for multi-hazard preparedness and mitigation the Clerk currently has read through FEDERAL EMERGENCY MANAGEMENT AGENCY page 72, line 16. through consolidated emergency manage- DISASTER RELIEF ment performance grants. Mr. BATEMAN. Mr. Chairman, I ask (INCLUDING TRANSFER OF FUNDS) unanimous consent to raise a point of AMENDMENT OFFERED BY MS. JACKSON-LEE OF For necessary expenses in carrying out the TEXAS order against a provision on page 70, Robert T. Stafford Disaster Relief and Emer- line 15 through page 70, line 22? gency Assistance Act (42 U.S.C. 5121 et seq.), Ms. JACKSON-LEE of Texas. Mr. The CHAIRMAN pro tempore. Is $300,000,000, and, notwithstanding 42 U.S.C. Chairman, I offer an amendment. there objection to the request of the 5203, to remain available until expended, of The Clerk read as follows: gentleman from Virginia? which not to exceed $3,000,000 may be trans- Amendment offered by Ms. JACKSON-LEE of Mr. WALSH. Reserving the right to ferred to ‘‘Emergency management planning Texas: object, Mr. Chairman. and assistance’’ for the consolidated emer- Page 75, line 5, insert ‘‘(reduced by gency management performance grant pro- $12,000,000)’’ after the dollar amount. POINT OF ORDER gram. Page 75, line 5, insert ‘‘(reduced by Mr. BATEMAN. Mr. Chairman, on be- DISASTER ASSISTANCE DIRECT LOAN PROGRAM $10,000,000)’’ after the dollar amount. half of the chairman of the Sub- ACCOUNT Ms. JACKSON-LEE of Texas. Mr. committee on Water Resources and En- For the cost of direct loans, $1,295,000, as Chairman, my colleagues have heard vironment of the Committee on Trans- authorized by section 319 of the Robert T. me acknowledge to both the ranking portation and Infrastructure, I raise an Stafford Disaster Relief and Emergency As- member and the chairman on what is objection that the provision that I re- sistance Act: Provided, That such costs, in- becoming some very difficult decisions. ferred to, regarding nonpoint source cluding the cost of modifying such loans, Mr. Chairman, I have lived with grant funding for Indian tribes, is legis- shall be as defined in section 502 of the Con- NASA and the commitment that NASA lation on an appropriations bill in vio- gressional Budget Act of 1974, as amended: Provided further, That these funds are avail- has given to the American people to be lation of clause 2 of rule XXI of the able to subsidize gross obligations for the fiscally responsible for some 4 years rules of the House. I have been asked to principal amount of direct loans not to ex- now as a Member of Congress and a object on behalf of the chairman of the ceed $25,000,000. member of the House Committee on Subcommittee on Water Resources and In addition, for administrative expenses to Science. At the beginning of my tenure Environment. carry out the direct loan program, $420,000. in Congress, one of the things that The CHAIRMAN pro tempore. The SALARIES AND EXPENSES NASA was charged with was to be effi- gentleman from New York has reserved For necessary expenses, not otherwise pro- a right to object. Does the gentleman vided for, including hire and purchase of cient, effective, and to downscale some from New York wish to be heard? motor vehicles as authorized by 31 U.S.C. of its operations. In doing so, Dan Mr. WALSH. I do, Mr. Chairman. It is 1343; uniforms, or allowances therefor, as au- Goldin, almost at the start of my first our understanding that this legislation thorized by 5 U.S.C. 5901–5902; services as au- term, had to cut various jobs in all of thorized by 5 U.S.C. 3109, but at rates for in- the centers, whether it was in Florida, was protected under the rule and there- dividuals not to exceed the per diem rate by in order, and I would await the or whether it was in Alabama or the equivalent to the maximum rate payable for Johnson Space Center. Chair’s ruling. senior level positions under 5 U.S.C. 5376; ex- Mr. Chairman, in further discussion penses of attendance of cooperating officials Particularly in the State of Texas, with staff, it is my understanding that and individuals at meetings concerned with let me say, Mr. Chairman, that the this is not protected under the rule. the work of emergency preparedness; trans- Johnson Space Center has a special The CHAIRMAN pro tempore. The portation in connection with the continuity place in our heart. It was there, of gentleman is correct. of Government programs to the same extent course, that many of the heroes of the Mr. WALSH. Mr. Chairman, for that and in the same manner as permitted the space movement had their launch or Secretary of a Military Department under 10 reason I withdraw my reservation of had the cooperation and collaboration U.S.C. 2632; and not to exceed $2,500 for offi- with those at Johnson. We are well objection. cial reception and representation expenses, The CHAIRMAN pro tempore. The $177,720,000. aware of the famous words, ‘‘Houston we have a problem.’’ But one thing gentleman withdraws his reservation of OFFICE OF INSPECTOR GENERAL about Houston and the Johnson Space objection. For necessary expenses of the Office of In- Is there objection to the request of spector General in carrying out the Inspec- Center, they solve the problems. the gentleman from Virginia? tor General Act of 1978, as amended, So, Mr. Chairman, I am asking my There was no objection. $6,515,000. colleagues to join me in moving $10 The CHAIRMAN pro tempore. Does EMERGENCY MANAGEMENT PLANNING AND million to the Human Space Flight the gentleman from Virginia insist on ASSISTANCE program, the program that saw Com- his point of order? (INCLUDING TRANSFER OF FUNDS) mander Eileen Collins be the first Mr. BATEMAN. Yes, on behalf of the For necessary expenses, not otherwise pro- woman to command one of our shut- chairman of the Subcommittee on vided for, to carry out activities under the tles; the program, Mr. Chairman, that H7950 CONGRESSIONAL RECORD — HOUSE September 8, 1999 saw John Glenn test the ultimate Mr. Chairman. I rise to offer this amendment should be higher. Unfortunately, it is strength of human beings and test the that would add $10 million to NASA's Human not. I am sure the gentleman from New aging process by being the oldest per- Space Flight program. York would like it to be higher if it son to go into space. This cut to the Human Space Flight program could be. In May, the House passed a 3- Mr. Chairman, this is a terrible untenable. Jobs are at stake. As a Represent- year NASA authorization bill which plight that we find ourselves in, but ative for the City of Houston, I cannot stand by gave NASA a slight increase for 2000. In this program, the Human Space Flight and watch my Houstonians lose their jobs be- that context, I support many of the program, deals in a variety of needs cause of these cuts. the Johnson Space Cen- priorities for NASA within this bill. that we have. What it deals with is the ter in Houston provides work for over 15,000 I note that funding for space trans- ability to conduct and support human people. The workforce consists of approxi- portation technology was actually in- space flight research and development mately 3,000 NASA Federal civil service em- creased, and one of the few areas in activities, including research, develop- ployees. In addition to these employees are NASA to receive an increase, I might ment operations, services, mainte- over 12,000 contractor employees. These em- add. I am happy that the chairman was nance, construction of facilities, in- ployees represent both big and small busi- able to add back $400 million for cluding repair; rehabilitation, and nesses, and their very livelihoods are at NASA’s excellent space science pro- modification of real and personal prop- stakeÐespecially those in small business. grams in full committee. I appreciate erty. It has to do with spacecraft con- Dan Goldin, head of NASA, has already an- the plus-up for space solar power, for trol and communication activities. ticipated the devastating effects of the NASA example, which is an important re- These dollars wil help us stay on track cuts. He predicts a 3 week furlough for all search area. And I strongly agree with with the Human Space Flight program. NASA employees. This would create program the committee’s report language on On the other hand, I am not cutting interruptions and would result in greater costs. space station commercialization, the disaster aid that goes to our re- Ladies and gentleman, we are falling, if not which supports the Committee on spective communities. I am not cutting tumbling, down a slippery slope. This bill Science’s long-standing attempts to the dollars that would help us in flood would reduce jobs for engineers and would in- push NASA in this direction. control. I am not cutting the dollars crease NASA's costs, a result that will only re- While I am sure the gentleman from that would help us after terrible torna- sult in more layoffs as costs exceed NASA's New York and his colleagues will work does or hurricanes. None of that is fiscal abilities. hard to improve NASA’s funding in being cut. But, Mr. Chairman, there By providing money for human space flight, conference, I will have to support the are certain predisaster mitigation we ensure that NASA will continue to fund its efforts of the gentleman from Cali- grants, which I think with the increase projects such as ISS and the space shuttle, fornia (Mr. ROGAN) and the gentleman in the ability of local governments to and in doing so, NASA will continue to require from Virginia (Mr. BATEMAN) to restore focus on their own needs, this is an our American workers. funding for research and technology as area where they can help us, which is We are at a dangerous crossroads. This bill far as the space science and aero- helping their communities be focused gives our engineers and our science aca- nautics part of this budget. demics a vote of no confidence. It tells them on mitigating potential disasters. None b 1830 that we will not reward Americans who spend of these dollars I am speaking of in any The amendment offered by the gen- way would interfere with any of the their lifetimes studying and researching on be- half of space exploration. I urge my colleagues tleman from Virginia (Mr. BATEMAN) needs our communities would have, and the gentleman from California (Mr. such as the tragedy of Hurricane Den- to join me in my effort to stop the bleeding. Mr. ROHRABACHER. Mr. Chairman, ROGAN) restores funding for the sci- nis on the Carolinas. I move to strike the last word, and I entific analysis of data that we have So I would ask my colleagues to rec- would like to comment on the NASA gotten back from programs like Mars ognize that the Johnson Space Center portion of this bill, and specifically Pathfinder and Lunar Prospector. I in Houston covers some 15,000 people. about an amendment this was dis- think that is very admirable. We have a number of contract employ- cussed a few minutes ago. Where do they get this money from ees. Dan Goldin has downsized to the Let me say that I appreciate the pre- that they are trying to restore this? extent that he has privatized. He pre- dicament my friend, the gentleman They get it from the bloated budget, dicts a 3-week furlough for NASA em- from New York (Mr. WALSH), is in. In what I consider to be a bloated budget, ployees with these ultimate cuts. I February, President Clinton submitted of the Environmental Protection Agen- would say if we keep these kind of cuts, another in a string of budgets that cuts cy by eliminating that or by reducing Mr. Chairman, that we will be going NASA. And even that small cut that we it by just over 1 percent. And I think down a slippery path, one from which are talking about depended on billions that is a very reasonable, reasonable we cannot return. of dollars of phony taxes and other change, and what they are trying to do Earlier today on the floor of the gimmicks that the President knew for space science and aeronautics is a House I said that the cuts in NASA and would never become part of the law, very positive step. the cuts in the Human Space Flight thus putting the gentleman from New Speaking as former chairman of the program are similar to building or re- York (Mr. WALSH) in a very bad situa- authorizing subcommittee that over- building the San Francisco Bridge. tion. And while they pretend to honor sees EPA, I know that under this ad- Imagine midway over the waters in the spending caps from the 1997 budget ministration EPA has become some- California we simply stopped building agreement, the administration ends up what of a rogue agency. For example, it. Or maybe we should say the Brook- bashing the gentleman from New York EPA has published regulations based lyn Bridge. We always use the phrase (Mr. WALSH) for cutting NASA while on phony science and helped negotiate ‘‘Can I sell you the Brooklyn Bridge?’’ the administration itself is being irre- the Kyoto Protocol even after the Sen- Imagine in the middle of rebuilding it, sponsible in the way they propose their ate unanimously advised the adminis- we just immediately stopped. What budget. tration not to do so. So I would think would happen to America and, as well, Let us remember this. Three years taking one percent from the EPA and to those communities? They would ago the President submitted a NASA putting it into space, science, and aero- simply drop off. budget that predicted a billion dollars nautics, as the gentleman from Vir- Cutting the Human Space Flight pro- less for fiscal year 2000 than the ginia (Mr. BATEMAN) and the gen- gram, one of the marks of space explo- amount for NASA contained in this fis- tleman from California (Mr. ROGAN) ration, one of the responses to Presi- cal year 2000 appropriation bill. So I do are suggesting, is a very reasonable dent Kennedy’s challenges to America not think that President Clinton has thing to do, and I strongly support that that we too could go into space, is a much of a position to attack the gen- amendment. tragedy. I would hope my colleagues tleman from New York on the effort he While understanding that the gen- would join me in this very sensible and has made in trying to make some sense tleman from New York (Chairman reasonable amendment that would add out of this appropriation bill. WALSH) has to oppose this amendment $10 million to the Human Space Flight The total funding level for NASA in in order to defend his bill, I do con- program. this bill should be higher. I believe it gratulate the chairman for the good September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7951 job that he has done. I also know that The amendment was rejected. In my own congressional district, a we would not be in this predicament if Mr. WALSH. Mr. Chairman, I ask contaminated parcel that used to be it would not have been for the fact that unanimous consent that the gentleman the former Hammond Refrigerated the President of the United States has from Illinois (Mr. GUTIERREZ) be per- Warehouse site at 4555 South Racine. acted irresponsibly in developing this mitted to offer an amendment which is When re-habbed, this currently vacant part of the budget. at the desk. parcel will return to commercial use Mr. WALSH. Mr. Chairman, I move The CHAIRMAN pro tempore. Is with a new 190,000 square foot indus- to strike the last word and rise in op- there objection to the request of the trial building and 200 new jobs for low- position to the Jackson-Lee amend- gentleman from New York? and moderate-income Chicago resi- ment. There was no objection. dents and adds handsomely to the tax I will be brief, Mr. Chairman. There AMENDMENT OFFERED BY MR. GUTIERREZ base. is another dilemma presented by an- Mr. GUTIERREZ. Mr. Chairman, I The amendment also restores HOME other amendment, and the dilemma is offer an amendment. Investments Partnership funding to its that what the gentlewoman from Texas The Clerk read as follows: fiscal year 1999 level by transferring $20 has asked us to do is take funds from million from NASA’s Science, Aero- Amendment offered by Mr. GUTIERREZ: the Federal Emergency Management nautics, and Technology Account to Agency, the agency that is responsible Page 29, line 26, after the first dollar amount insert the following: ‘‘(increased by HUD’s HOME account. I am offering for responding to emergencies all over $5,000,000)’’. this amendment for one clear reason. the country, hurricanes, tornadoes, Page 79, line 5, after the first dollar There is a serious shortage of afford- earthquakes, floods, droughts, and so amount insert the following: ‘‘(reduced by able housing in the United States. forth, and put that money into human $5,000,000)’’. Currently, rents are increasing faster space flight. It is a difficult choice be- Page 30, line 11, after the first dollar than wages almost everywhere and no- cause we have, as has been noted, re- amount, insert the following: (‘‘increased by where in the country can a household $20,000,000)’’. duced NASA fairly dramatically. But I with one full-time minimum wage would urge my colleagues not to sup- Page 79, line 19, after the first dollar amount, insert the following: ‘‘(reduced by earner afford basic housing costs. port the amendment. As a result, a record 5.3 million low- This is the number one priority of Di- $20,000,000)’’. Page 31, line 9, after the first dollar income households are spending more rector Witt of the Federal Emergency amount, insert the following: ‘‘(increased by than half their incomes on rent, leav- Management Agency. His number one $5,000,000)’’. ing precious little money for food, priority is to provide pre-disaster miti- Page 80, line 14, after the first dollar clothing, day care, insurance, transpor- gation so that we can begin to reduce amount, insert the following: ‘‘(reduced by tation, education, and all of the other $5,000,000)’’. the cost of disasters as they occur costs associated with raising a family. around the country. This is money up Mr. GUTIERREZ (during the read- Funds must come from some source to front to try to bring down the cost of ing). Mr. Chairman, I ask that the help cities and towns expand housing disaster relief in the long-run and it is amendment be considered as read and for low- and moderate-income working a priority of this subcommittee also, printed in the RECORD. class families. Why? Because it is the and I would urge my colleagues to re- The CHAIRMAN pro tempore. Is right thing to do for our constituents ject this amendment. there objection to the request of the Ms. JACKSON-LEE of Texas. Mr. who earn too little and pay too much gentleman from Illinois? for rent, often falling into homeless- Chairman, will the gentleman yield? There was no objection. Mr. WALSH. I yield to the gentle- ness. Mr. GUTIERREZ. Mr. Chairman, this The HOME Investment Partnership woman from Texas. amendment restores Brownfields ap- Ms. JACKSON-LEE of Texas. Mr. program is one of the few Federal ini- propriations to the current $25 million Chairman, I know the chairman and I tiatives for encouraging the develop- level by transferring $5 million from are going to continue to work on this ment of affordable housing. It is a suc- NASA’s Human Space Flight account issue and I know that the chairman has cess story. into HUD’s Brownfields Redevelopment heard us, and he may hear me again, Since 1990, HOME has financed some account. talk about the devastation of the $1 350,000 units of housing for low- and billion cut to NASA and Sophie’s In fiscal year 2000, the very least we moderate-income families. Every choices. should do is maintain this year’s American hurts when families cannot I would certainly like to inquire of spending levels for programs that gen- find safe, decent, warm, affordable the chair the opportunity to work to- erate jobs and help neighborhoods in housing in communities where they gether on this issue and to help resolve other important ways. Instead, H.R. work. the point of somewhat of a crisis of 2684 gouges appropriations, including Again I ask we prioritize families dealing with the important research over half a billion dollars for public first. that NASA does and particularly space housing funds in order to meet The amendment also restores Home- exploration and particularly the Inter- Congress’s self-imposed budget caps less Assistance Grants to the FY 1999 national Space Station as we move this and to fund an enormous tax cut. level by transferring $5 million. Home- legislation along. My amendment seeks to reprioritize less Assistance Grants provide shelter Mr. WALSH. Mr. Chairman, reclaim- our budget by putting people first. In and services to people without homes. ing my time, I absolutely pledge to other words, we should cut the least This $5 million amendment may work with the gentlewoman. We have from programs that directly help peo- seem small considering the VA–HUD had this discussion a number of times ple. appropriation bill deals with almost $90 with a number of Members who are This initiative is one that will de- billion dollars. And a $5 million cut to deeply concerned about NASA. We liver the kinds of jobs and development HUD’s Homeless Assistance program know there is not enough money in needed desperately by these distressed from FY 1999 levels may seem small. there right now with NASA. We are not towns and urban neighborhoods; and it After all, H.R. 2684 slashes funding to complete with this process. is called the Brownfields Redevelop- important public housing programs by As we go forward, my colleague, the ment, a small, modest, cost-effective more than half a billion dollars as it gentleman from West Virginia (Mr. program that should not be made reduces community development block MOLLOHAN), and I have talked about smaller. grants by 250. this. We would like to see what we can Brownfields’ goal is to return con- However, the Homeless Assistance do to resolve some of these issues, and taminated sites to productive, employ- cuts, as well as those to Brownfields I would be happy to work with my col- ment-generating uses. The program and HOME, are significant. Our prior- league on that. emphasizes job creation for lower in- ities are wrong when we retreat from a The CHAIRMAN pro tempore (Mr. come people and economically dis- commitment to helping the most vul- PEASE). The question is on the amend- tressed neighborhoods. Nearly 450 sites nerable people in our country when ment offered by the gentlewoman from across our country qualify as there are 750 people who are homeless Texas (Ms. JACKSON-LEE). Brownfields sites. in America on any given night. During H7952 CONGRESSIONAL RECORD — HOUSE September 8, 1999 a year, as many as 2 million people ex- looking for affordable housing only to Mr. DAVIS of Illinois. Mr. Chairman, perience homelessness for a short pe- be told that there is none available. reclaiming my time, I too agree with riod of time. Mr. GUTIERREZ. Mr. Chairman, will the chairman that space exploration is If we reduce Homeless Assistance the gentleman yield? important, but so is it important that Grants, we reduce our compassion and Mr. DAVIS of Illinois. I yield to the people in our communities have afford- our intelligence. When we refuse ade- gentleman from Illinois. able places to live, to work, to grow quate Federal assistance to individuals Mr. GUTIERREZ. Mr. Chairman, I and develop so that they too can help and families on the street, we increase would like to thank my colleague from explore space. the potential for emergency room vis- Illinois, and from Chicago specifically, Mr. SENSENBRENNER. Mr. Chairman, I its, crime, deaths, and the stunting of for yielding. rise in opposition to the Gutierrez amendment. homeless children’s educational and I guess I understand the arguments The measure will nickel and dime NASA to made by the chairman of the com- emotional development. death. Our Nation is richer than ever before. mittee. I would just like to say that as This amendment cuts $5 million out of Shame on us if we cut assistance to the House considers this amendment NASA's Human Spaceflight programs to fund that, as we continue space exploration, people living on streets and sidewalks the Housing and Urban Development (HUD) I would like to simply suggest to during a period of historic Dow Jones Brownfields Redevelopment program. In addi- America tonight that we look at our Industrial Average record-breaking tion, Mr. GUTIERREZ cuts $20 million out of own homes, we look at our own neigh- corporate profits, an increasing tax Science, Aeronautics and Technology and $5 borhoods, we look at our own Nation, revenue. million out of Mission Support to fund other I ask all my colleagues to support we look at our own planet Earth. I want people to understand what HUD programs. this amendment. Brownfields means. It means contami- When taken together, these amendments Mr. WALSH. Mr. Chairman, I rise in nated, polluted areas, over hundreds of would cut NASA's budget by $30 million. opposition to the amendment. thousands of them that have already These amendments take money out of our in- Mr. Chairman, I appreciate the vestments in science and technology, which amendment of the gentleman and the been sighted across our Nation. It seems ironic to me that we are going to will benefit future generations, and put that sentiments in the amendment. These money into current consumption. In short, the are issues that are of concern to all of continue to spend money. The chairman is absolutely correct amendments are akin to eating our seed corn. us who represent urban areas, when he suggests that the NASA pro- The bill already underfunds NASA. These Brownfield sites, homeless grants. gram has been cut by $9 million but amendments will worsen NASA's ends-means What this amendment does is it re- HUD has been cut by a billion dollars. mismatch since they do not reduce any of stores funding to the 1999 level of fund- NASA's programmatic responsibilities. ing for these programs. These are very b 1845 Mr. Chairman, the country's elected officials difficult programs to reduce funding in. So in the parlance of congressional can't keep asking the space program to do What we tried to do when we made discourse, they may seem equal. So I more with less. That makes no sense. I urge these decisions was to reduce across guess then the question is, what are my colleagues to oppose the Gutierrez the board as much as we could different our priorities? Are we going to take amendments. programs. We did not want to gut these care of our own contaminated neigh- The CHAIRMAN pro tempore (Mr. programs because we felt they were borhoods and sites across our own Na- PEASE). The question is on the amend- good programs, so we made slight re- tion, as we venture into space, and lose ment offered by the gentleman from Il- ductions in order to get to the budget our own planet Earth, which I think we linois (Mr. GUTIERREZ). number that we were allocated. quickly need to reclaim first before we The question was taken; and the By taking money out of NASA and ever pretend to claim outerspace. Chairman pro tempore announced that putting it into these programs, we fur- Secondly, I would just like everybody the ayes appeared to have it. ther got an agency that has suffered to think for a moment. It seems inter- Mr. WALSH. Mr. Chairman, I demand huge cuts. And what that translates to esting that I know that the astronauts a recorded vote. is the Gutierrez amendment would re- as they look back on Earth, they can- The CHAIRMAN pro tempore. Pursu- store $25, $30 million to these pro- not see the 750,000 people that are ant to House Resolution 275, further grams, but what he would do is take homeless at that given night in our proceedings on the amendment offered them from the three areas of NASA country, but I assure my colleagues by the gentleman from Illinois (Mr. where they have already suffered $900 that it is a cold and a mean and a very GUTIERREZ) will be postponed. million in cuts. So, basically, it adds desperate situation that 750,000 people AMENDMENT OFFERED BY MR. FILNER insult to injury to the NASA budget. and up to 2 million in any year see. Mr. FILNER. Mr. Chairman, I offer I would urge my colleagues to oppose So as they look out into the stars, I an amendment. this amendment because NASA cannot wish we would give them some hope The Clerk read as follows: take any more reductions and these also, so as we explore space we take Amendment offered by Mr. FILNER: programs, while important, are funded care of our own. In title I, in the item relating to ‘‘VET- at a much higher percentage of what Third, let us not create homelessness ERANS HEALTH ADMINISTRATION—MEDICAL they were funded compared to the by inaction of this Congress. The home CARE’’, insert at the end the following: NASA program. So I would urge my program works and it forms those won- In addition, for ‘‘Medical Care’’, colleagues to oppose this amendment. derful partnerships between the public $1,100,000,000: Provided, That the Congress Mr. DAVIS of Illinois. Mr. Chairman, and private sector and, as I said, cre- hereby designates the entire such amount as I move to strike the last word. ated over 350,000 units of housing since an emergency requirement pursuant to sec- Mr. Chairman, I rise in support of the 1990. It is a success story. Let us con- tion 251(b)(2)(A) of the Balanced Budget and Gutierrez amendment to increase HUD tinue on those success stories. Emergency Deficit Control Act of 1985: Pro- vided further, That such amount shall be Brownfields Redevelopment activities, Mr. Chairman, last, I would just like available only to the extent of a specific dol- to increase HUD’s HOME program, and to add, let us remember that we are lar amount for such purpose that is included to increase funding for HUD’s Homeless dealing within the confines of this in an official budget request transmitted by Assistance Grants. budget. We really do not need to. We the President to the Congress and that is Many of our inner-city communities have hundreds of billions of dollars in designated as an emergency requirement throughout the country are replete our surplus. I think we can find $30 pursuant to such section 251(b)(2)(A). with industrial wasteland in need of million to reduce homelessness, to Mr. FILNER (during the reading). reclamation and redevelopment. There clean up contaminated waste sites Mr. Chairman, I ask unanimous con- is tremendous need for homeless assist- across our Nation and to make sure sent that the amendment be considered ance, need to increase affordable hous- that families who are out there in the as read and printed in the RECORD. ing for low- and moderate-income fami- cold can come in and feel the warmth The CHAIRMAN pro tempore. Is lies. and the humanity which this Congress there objection to the request of the Each and every day, thousands of can give them by allowing this modest gentleman from California? citizens throughout the country go out increase of $30 million. There was no objection. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7953 Mr. WALSH. Mr. Chairman, I reserve man, this is a congressional budget. Mr. Chairman. For that reason, I would a point of order against the gentle- Let us do the right thing. restate and insist on the point of order man’s amendment. When I brought this up earlier, it was against the amendment because it pro- Mr. FILNER. Mr. Chairman, we have said that we had the biggest increase in poses to change existing law, con- been talking all afternoon on this bill, this bill ever for veterans health care. stitutes legislation in an appropria- and I think we have all agreed that That may be so in the short run but tions bill; therefore, violates clause 2, veterans programs are vastly under- that comes on top of 5 years of real rule XXI and because it violates sec- funded. Everybody would like to try to cuts, real dollar cuts, and presupposes, tion 306 of the Budget Act that deals find a way to change that. I am offer- Mr. Chairman, a $3 billion deficit over with matters in the jurisdiction of the ing a way to do that. the next 10 years, which this is build- Committee on the Budget. In my amendment, an additional $1.1 ing on. The CHAIRMAN pro tempore. Does billion is added to veterans health care Finally, the chairman says, well, this the gentleman from California (Mr. by declaring an emergency with regard is legislating in an appropriations bill. FILNER) seek to be heard on the point to the health care of our veterans. Well, we legislate all the time in an of order? This figure was not arrived at arbi- appropriations bill. Let us legislate for Mr. FILNER. Mr. Chairman, speak- trarily. All of our Nation’s veterans our veterans. Let us put in this $1.1 bil- ing on the point of order, Mr. Chair- got together during this budget process lion, and I hope that my colleagues will man, I say to my friend, the gentleman and came up with a budget, a respon- allow us to take this emergency action from New York (Mr. WALSH), I want to sible budget and a professional budget, today. legislate on this appropriations bill. what they called an independent budg- POINT OF ORDER We were not allowed to do any legisla- et, which said what would be needed at Mr. WALSH. Mr. Chairman, I insist tion in our authorizing committee. The the absolute minimum to keep our on a point of order against the amend- Chair just refused to allow motions commitment to our Nation’s veterans ment, if I could explain further. from the minority side. after almost 5 years of straightline The CHAIRMAN pro tempore. The The gentleman says we have real dol- lars for our $1.7 billion. I am asking for budgeting, which resulted basically in gentleman from New York (Mr. WALSH) a real cut in services; what would be may state his point of order. real dollars here. We have it in our needed to keep our commitment to our Mr. WALSH. Mr. Chairman, we have command. It is being given to people, veterans. had this debate, the gentleman from special interests, in the utility indus- try. It is being given to special inter- They decided that about a $3 billion California (Mr. FILNER) and I, for the increase would be necessary, and they better part of the afternoon. ests for multinational corporations. It pointed out the programs and the areas The issue here is the offset that he is being given to those who make that would be funded with that $3 bil- provides under the rule, and he is ask- $200,000 or more a year. Why not give a lion. ing for an emergency declaration. We billion to the veterans who made our The committee plussed-up that ac- considered that process and ultimately country as great as it is? So we have the real dollars, Mr. count by $1.7 billion. I would like to rejected it. Chairman, and we should legislate on add the $1.1 billion that these veterans What we did was we found real dol- this appropriations bill, and I hope the requested. lars within the budget to allocate for Chair would find in our favor. We have a true emergency here, Mr. veterans health, and what we did was The CHAIRMAN pro tempore. The Chairman. Keeping the promise we provide a $1.7 billion increase over the Chair finds that a proposal to designate made to our veterans is an emergency. President’s request. an appropriation as ‘‘emergency spend- Providing health care is an emergency. As the gentleman has stipulated to ing’’ within the meaning of the budget- The VA health care is drastically un- and agreed to, and I think it is a unani- enforcement laws is fundamentally leg- derfunded and in danger of collapse, mous agreement now, the President’s islative in character. It does not mere- and we must change that. request for veterans medical health ly make the appropriation. Instead, it What are we going to get for that $1.1 was not only inadequate, it was embar- characterizes the appropriation other- billion that we do not get now? We get rassing. They later came back and they wise made. The resulting emergency care for veterans who are involved in suggested that, yes, they thought that designation alters the application of radiation risk activities and subse- the $1.7 billion level was the right level existing law with respect to that ap- quently develop cancer. We get funding and supported it. We received a letter propriation. Thus, the proposal is one for new health care initiatives for vet- from the Vice President on that. to change existing law. On these prem- erans suffering from hepatitis C-re- We also received letters from the ises and based on previous rulings of lated illnesses. American Legion and from the Vet- the Chair earlier today, the Chair holds These are often fatal, Mr. Chairman. erans of Foreign Wars who agreed that that the amendment offered by the Earlier in the debate I said something $1.7 billion was the right amount to gentleman from California, by includ- to the effect that thousands of our vet- fund veterans health care. ing a proposal to designate an appro- erans had hepatitis C. I made a mis- I looked back at the budgets of the priation as ‘‘emergency spending’’ take. The figure is closer to 2 million last 5 years, including this budget. We within the meaning of the budget-en- of our veterans, Mr. Chairman, and we have gone from $15.7 billion in the 1996 forcement laws, constitutes legislation have no provision for funding to help enacted level to $19 billion this year. in violation of clause 2(b) of rule XXI 1. those veterans. That is a $3.5 billion increase in fund- The Chair also finds that a proposal This billion would go to increase pro- ing for veterans. So we have striven to designate an appropriation as grams for long-term care for our aging mightily, in spite of the lack of support ‘‘emergency spending’’ within the veterans. They would restore beds in there seems to be in the executive meaning of the budget-enforcement psychiatric wards and increase mental branch for the veterans medical care laws is a matter within the jurisdiction illness research education. They would budget. of the Committee on the Budget under allow veterans to stay in hospitals if The Congress, both parties, have sup- clause 1(e) of rule X. they have Alzheimer’s and would help ported plussing up this budget, and we On that premise the Chair holds that our Persian Gulf War illness veterans made hard choices, as we have heard in the amendment offered by the gen- who are suffering today. the debate today. NASA was cut a bil- tleman from California, because it re- Now when I offered these amend- lion dollars. There are programs in lates to such a matter on a bill that ments earlier in the day, I was told by HUD operating subsidies, moderniza- was not referred to that committee, my good friend, the chairman of the tion funds in public housing where we also violates section 306 of the Congres- committee, that well, we plussed it up had to go to help to fund the veterans sional Budget Act of 1974. from the President’s request. health care. People want more money The point of order is sustained on Yes, we will stipulate the President for Section 8 vouchers, but the choices each of the grounds stated. The amend- made an inadequate request. He under- were difficult. ment is not in order. funded by $3 billion, but this is our We cannot appropriate these funds Mr. FILNER. Mr. Chairman, with budget now, Mr. Chairman. Mr. Chair- because they are not available to us, deep personal respect, on behalf of our H7954 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Nation’s veterans, I appeal the ruling Terry Vitter Weldon (PA) The result of the vote was announced Thomas Walden Weller of the Chair. Thornberry Walsh Whitfield as above recorded. The CHAIRMAN pro tempore. The Thune Wamp Wicker Stated against: question is, Shall the decision of the Tiahrt Watkins Wilson Ms. MCCARTHY of Missouri. Mr. Chairman, Chair stand as the judgment of the Toomey Watts (OK) Wolf during rollcall vote No. 390, sustaining the Upton Weldon (FL) Young (FL) Committee. Chair's point of order of Filner Amendment, I The question was taken; and the NAYS—198 was unavoidably detained due to mechanical Chairman pro tempore announced that Abercrombie Hall (OH) Oberstar delays with U.S. Air flight No. 348. Had I been Ackerman Hall (TX) Obey present, I would have voted ``no.'' the ayes appeared to have it. Allen Hastings (FL) Olver RECORDED VOTE Andrews Hilliard Ortiz f Baird Hinchey Owens Mr. FILNER. Mr. Chairman, I de- Baldacci Hinojosa Pallone SEQUENTIAL VOTES POSTPONED IN THE mand a recorded vote. Baldwin Hoeffel Pascrell COMMITTEE OF THE WHOLE A recorded vote was ordered. Barcia Holden Pastor The CHAIRMAN pro tempore (Mr. Barrett (WI) Holt Payne PEASE). Pursuant to House Resolution The CHAIRMAN pro tempore. This is Becerra Hooley Pelosi a 15-minute vote. Immediately fol- Bentsen Hoyer Peterson (MN) 275, proceedings will now resume on lowing this vote, the Chair announces Berkley Inslee Phelps those amendments on which further that proceedings will resume on the Berman Jackson (IL) Pickett proceedings were postponed in the fol- Bishop Jackson-Lee Pomeroy amendments postponed earlier today, Blagojevich (TX) Price (NC) lowing order: and those votes will be reduced to not Blumenauer John Rahall The amendment printed in the Com- less than 5 minutes each. Bonior Johnson, E.B. Reyes mittee on Rules report offered by the Borski Jones (OH) Rivers gentleman from California (Mr. The vote was taken by electronic de- Boswell Kanjorski Rodriguez vice, and there were—yeas 219, nays Boucher Kaptur Roemer CUNNINGHAM); the amendment offered 198, not voting 16, as follows: Boyd Kennedy Rothman by the gentleman from Indiana (Mr. Brady (PA) Kildee Roybal-Allard [Roll No. 390] ROEMER); the amendment offered by Brown (FL) Kilpatrick Rush the gentleman from New York (Mr. YEAS—219 Brown (OH) Kind (WI) Sabo Capps Kleczka Sanchez NADLER); the amendment offered by Aderholt Fowler McKeon Capuano Klink Sanders Archer Frank (MA) Metcalf the gentleman from California (Mr. Cardin Kucinich Sawyer Armey Franks (NJ) Mica ROGAN); and the amendment offered by Carson LaFalce Schakowsky Bachus Frelinghuysen Miller (FL) Clay Lampson Scott the gentleman from Illinois (Mr. Baker Gallegly Miller, Gary Clayton Larson Sherman GUTIERREZ). Ballenger Ganske Moran (KS) Clement Lee Shows Barr Gekas Morella The Chair will reduce to 5 minutes Clyburn Levin Sisisky Barrett (NE) Gephardt Myrick Condit Lewis (GA) Skelton the time for each electronic vote in Bartlett Gibbons Nethercutt Conyers Lipinski Slaughter this series. Barton Gilchrest Ney Costello Lofgren Smith (WA) Bass Gillmor Northup AMENDMENT OFFERED BY MR. CUNNINGHAM Coyne Lowey Snyder Bateman Gilman Norwood Cramer Lucas (KY) Spratt The CHAIRMAN pro tempore. The Bereuter Goodlatte Nussle Crowley Luther Stabenow pending business is the demand for a Biggert Goodling Ose Cummings Maloney (CT) Stark Bilbray Goss Oxley recorded vote on the amendment of- Davis (IL) Maloney (NY) Stenholm Bilirakis Graham Packard DeFazio Markey Strickland fered by the gentleman from California Bliley Granger Paul DeGette Martinez Stupak (Mr. CUNNINGHAM) on which further Blunt Green (WI) Pease Delahunt Mascara Tanner Boehlert Greenwood Peterson (PA) proceedings were postponed and on DeLauro Matsui Tauscher Boehner Gutknecht Petri which the noes prevailed by voice vote. Deutsch McCarthy (NY) Taylor (MS) Bonilla Hansen Pickering Dicks McDermott Thompson (CA) The Clerk will redesignate the Bono Hastings (WA) Pitts Dingell McGovern Thompson (MS) amendment. Brady (TX) Hayes Pombo Dixon McIntyre Thurman Bryant Hayworth Porter The Clerk redesignated the amend- Dooley McKinney Tierney Burr Hefley Portman Doyle McNulty Traficant ment. Burton Herger Quinn Edwards Meehan Turner RECORDED VOTE Callahan Hill (IN) Radanovich Engel Meek (FL) Udall (CO) Calvert Hill (MT) Ramstad The CHAIRMAN pro tempore. A re- Eshoo Meeks (NY) Udall (NM) Camp Hilleary Regula Etheridge Menendez Velazquez corded vote has been demanded. Campbell Hobson Reynolds Evans Millender- Vento A recorded vote was ordered. Canady Hoekstra Riley Farr McDonald Visclosky Cannon Horn Rogan The vote was taken by electronic de- Fattah Miller, George Waters Castle Hostettler Rogers Filner Minge Watt (NC) vice, and there were—ayes 187, noes 232, Chabot Houghton Rohrabacher Forbes Mink Waxman not voting 14, as follows: Chambliss Hulshof Ros-Lehtinen Ford Moakley Weiner Chenoweth Hunter Roukema [Roll No. 391] Frost Mollohan Wexler Coble Hutchinson Royce Gejdenson Moore Weygand AYES—187 Coburn Hyde Ryan (WI) Gonzalez Moran (VA) Wise Abercrombie Calvert Fossella Collins Isakson Ryun (KS) Goode Murtha Woolsey Aderholt Canady Fowler Combest Istook Salmon Gordon Nadler Wu Andrews Cannon Frelinghuysen Cook Jenkins Sanford Green (TX) Napolitano Wynn Archer Castle Frost Cooksey Johnson (CT) Saxton Gutierrez Neal Armey Chambliss Gallegly Cox Johnson, Sam Schaffer Bachus Chenoweth Ganske Crane Jones (NC) Sensenbrenner NOT VOTING—16 Baldacci Clement Gibbons Cubin Kasich Serrano Berry McCarthy (MO) Scarborough Ballenger Coburn Gilchrest Cunningham Kelly Sessions Buyer McHugh Sununu Barr Collins Gillmor Davis (VA) King (NY) Shadegg Danner McIntosh Towns Bartlett Combest Goode Deal Kingston Shaw Davis (FL) Pryce (OH) Young (AK) Bass Cooksey Gordon DeLay Knollenberg Shays Jefferson Rangel Bateman Cramer Goss DeMint Kolbe Sherwood Lantos Sandlin Becerra Cunningham Graham Diaz-Balart Kuykendall Shimkus Berkley Davis (FL) Granger Dickey LaHood Shuster Berman Deal Green (WI) Doggett Largent Simpson b 1911 Bilbray Diaz-Balart Greenwood Doolittle Latham Skeen Mr. STARK, Mr. CONDIT and Ms. Bilirakis Dickey Gutierrez Dreier LaTourette Smith (MI) Bishop Doolittle Hall (TX) Duncan Lazio Smith (NJ) McKINNEY changed their vote from Blagojevich Doyle Hansen Dunn Leach Smith (TX) ‘‘aye’’ to ‘‘no.’’ Bliley Dreier Hastings (WA) Ehlers Lewis (CA) Souder Messrs. MICA, SMITH of Texas, AR- Bonilla Edwards Hayes Ehrlich Lewis (KY) Spence Bono Emerson Herger Emerson Linder Stearns CHER, SCHAFFER, BACHUS and Boswell Etheridge Hilleary English LoBiondo Stump FOLEY and Mrs. CHENOWETH Boyd Everett Hinojosa Everett Lucas (OK) Sweeney changed their vote from ‘‘nay’’ to Bryant Ewing Holden Ewing Manzullo Talent ‘‘yea.’’ Burr Fletcher Hooley Fletcher McCollum Tancredo Burton Foley Hostettler Foley McCrery Tauzin So the decision of the Chair stands as Callahan Forbes Houghton Fossella McInnis Taylor (NC) the judgment of the Committee. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7955 Hoyer Myrick Shows Sanders Stark Vitter Schaffer Thune Wamp Hulshof Nethercutt Simpson Sawyer Strickland Walsh Serrano Tiahrt Watkins Hunter Ney Sisisky Schaffer Stupak Wamp Shays Tierney Waxman Isakson Norwood Skeen Schakowsky Tauzin Waters Shuster Udall (NM) Weller Istook Ortiz Skelton Scott Thomas Watt (NC) Smith (MI) Upton Whitfield Jenkins Oxley Smith (MI) Sensenbrenner Thompson (CA) Watts (OK) Stark Velazquez Woolsey Johnson, Sam Packard Smith (TX) Serrano Thompson (MS) Waxman Strickland Vento Jones (NC) Pascrell Souder Sessions Thune Weiner Tancredo Visclosky Kanjorski Pastor Spence Shays Tiahrt Weldon (FL) King (NY) Pickering Stabenow Sherman Tierney Wexler NOES—298 Kingston Pickett Stearns Shuster Toomey Weygand Abercrombie Everett McDermott Klink Pombo Stenholm Slaughter Udall (NM) Wilson Aderholt Ewing McGovern Kolbe Porter Stump Smith (NJ) Upton Wise Allen Farr McIntyre Kuykendall Quinn Sweeney Smith (WA) Velazquez Woolsey Andrews Fletcher McKeon LaHood Radanovich Talent Snyder Vento Wu Archer Foley McKinney Latham Rahall Tancredo Spratt Visclosky Wynn Armey Forbes McNulty Lazio Regula Tanner Bachus Ford Meehan Lewis (KY) Reyes Tauscher NOT VOTING—14 Baird Fowler Meek (FL) Linder Riley Taylor (MS) Berry McHugh Sununu Baker Frelinghuysen Meeks (NY) Lucas (KY) Rodriguez Taylor (NC) Buyer McIntosh Towns Baldacci Frost Metcalf Lucas (OK) Rogan Terry Hyde Pryce (OH) Weller Ballenger Gallegly Mica Maloney (CT) Rogers Thornberry Jefferson Rangel Young (AK) Barcia Gejdenson Millender- Mascara Ros-Lehtinen Thurman Lantos Sandlin Barr Gekas McDonald McCarthy (NY) Rothman Traficant Barrett (NE) Gephardt Miller, Gary McCollum Ryan (WI) Turner b 1919 Bartlett Gibbons Moakley McInnis Ryun (KS) Udall (CO) Barton Gillmor Mollohan McIntyre Salmon Walden Mr. WISE changed his vote from Bateman Gilman Moran (VA) McKeon Sanchez Watkins ‘‘aye’’ to ‘‘no.’’ Becerra Gonzalez Morella Meek (FL) Sanford Weldon (PA) Mr. ARCHER changed his vote from Bentsen Gordon Murtha Mica Saxton Whitfield Bereuter Goss Napolitano Miller (FL) Scarborough Wicker ‘‘no’’ to ‘‘aye.’’ Berkley Graham Neal Miller, Gary Shadegg Wolf So the amendment was rejected. Berman Granger Nethercutt Moran (VA) Shaw Young (FL) The result of the vote was announced Biggert Green (TX) Ney Morella Sherwood as above recorded. Bilirakis Greenwood Northup Murtha Shimkus Bliley Gutknecht Norwood AMENDMENT OFFERED BY MR. ROEMER Blunt Hall (OH) Olver NOES—232 The CHAIRMAN pro tempore (Mr. Boehlert Hall (TX) Ortiz Boehner Hansen Ose Ackerman Ehrlich Lipinski PEASE). The pending business is the de- Bono Hastings (FL) Owens Allen Engel LoBiondo mand for a recorded vote on the Borski Hastings (WA) Oxley Baird English Lofgren Boswell Hayworth Packard Baker Eshoo Lowey amendment offered by the gentleman Boucher Hill (IN) Pastor Baldwin Evans Luther from Indiana (Mr. ROEMER) on which Boyd Hill (MT) Pease Barcia Farr Maloney (NY) further proceedings were postponed and Brady (TX) Hilliard Peterson (MN) Barrett (NE) Fattah Manzullo on which the noes prevailed by voice Brown (FL) Hinchey Peterson (PA) Barrett (WI) Filner Markey Bryant Hinojosa Pickering Barton Ford Martinez vote. Burr Hobson Pickett Bentsen Frank (MA) Matsui The Clerk will designate the amend- Burton Hoeffel Pitts Bereuter Franks (NJ) McCarthy (MO) ment. Callahan Hooley Pombo Biggert Gejdenson McCrery Calvert Horn Price (NC) Blumenauer Gekas McDermott The Clerk designated the amend- Campbell Hostettler Quinn Blunt Gephardt McGovern ment. Canady Houghton Radanovich Boehlert Gilman McKinney RECORDED VOTE Cannon Hoyer Regula Boehner Gonzalez McNulty Capps Hulshof Reyes Bonior Goodlatte Meehan The CHAIRMAN pro tempore. A re- Capuano Hunter Reynolds Borski Goodling Meeks (NY) corded vote has been demanded. Cardin Hutchinson Riley Boucher Green (TX) Menendez A recorded vote was ordered. Castle Hyde Rodriguez Brady (PA) Gutknecht Metcalf Chambliss Inslee Rogan Brady (TX) Hall (OH) Millender- The CHAIRMAN pro tempore. This is Chenoweth Isakson Rogers Brown (FL) Hastings (FL) McDonald a 5-minute vote. Clay Istook Rohrabacher Brown (OH) Hayworth Miller, George The vote was taken by electronic de- Clayton Jackson (IL) Ros-Lehtinen Camp Hefley Minge vice, and there were—ayes 121, noes 298, Clement Jackson-Lee Rothman Campbell Hill (IN) Mink Clyburn (TX) Roybal-Allard Capps Hill (MT) Moakley not voting 14, as follows: Collins Jenkins Royce Capuano Hilliard Mollohan [Roll No. 392] Combest John Sabo Cardin Hinchey Moore Condit Johnson (CT) Salmon Carson Hobson Moran (KS) AYES—121 Conyers Johnson, E.B. Sanchez Chabot Hoeffel Nadler Baldwin Ganske McInnis Cook Johnson, Sam Sawyer Clay Hoekstra Napolitano Barrett (WI) Gilchrest Menendez Cooksey Jones (NC) Saxton Clayton Holt Neal Bass Goode Miller (FL) Cox Jones (OH) Scarborough Clyburn Horn Northup Bilbray Goodlatte Miller, George Cramer Kasich Schakowsky Coble Hutchinson Nussle Bishop Goodling Minge Crane Kennedy Scott Condit Inslee Oberstar Blagojevich Green (WI) Mink Crowley Kilpatrick Sensenbrenner Conyers Jackson (IL) Obey Blumenauer Gutierrez Moore Cummings King (NY) Sessions Cook Jackson-Lee Olver Bonilla Hayes Moran (KS) Cunningham Kleczka Shadegg Costello (TX) Ose Bonior Hefley Myrick Davis (FL) Knollenberg Shaw Cox John Owens Brady (PA) Herger Nadler Davis (IL) Kucinich Sherman Coyne Johnson (CT) Pallone Brown (OH) Hilleary Nussle Davis (VA) Kuykendall Sherwood Crane Johnson, E. B. Paul Camp Hoekstra Oberstar Deal LaFalce Shimkus Crowley Jones (OH) Payne Carson Holden Obey DeGette LaHood Shows Cubin Kaptur Pease Chabot Holt Pallone DeLay Lampson Simpson Cummings Kasich Pelosi Coble Kanjorski Pascrell Deutsch Largent Sisisky Danner Kelly Peterson (MN) Coburn Kaptur Paul Diaz-Balart Larson Skeen Davis (IL) Kennedy Peterson (PA) Costello Kelly Payne Dicks LaTourette Skelton Davis (VA) Kildee Petri Coyne Kildee Pelosi Dingell Lewis (CA) Slaughter DeFazio Kilpatrick Phelps Cubin Kind (WI) Petri Dixon Lewis (GA) Smith (NJ) DeGette Kind (WI) Pitts Danner Kingston Phelps Doggett Lewis (KY) Smith (TX) Delahunt Kleczka Pomeroy DeFazio Klink Pomeroy Dooley Linder Smith (WA) DeLauro Knollenberg Portman Delahunt Kolbe Porter Doolittle Lipinski Snyder DeLay Kucinich Price (NC) DeLauro Latham Portman Doyle Lofgren Souder DeMint LaFalce Ramstad DeMint Lazio Rahall Dreier Lucas (KY) Spence Deutsch Lampson Reynolds Dickey Leach Ramstad Dunn Lucas (OK) Spratt Dicks Largent Rivers Duncan Lee Rivers Edwards Maloney (CT) Stabenow Dingell Larson Roemer Emerson Levin Roemer Ehlers Markey Stearns Dixon LaTourette Rohrabacher Evans LoBiondo Roukema Ehrlich Mascara Stenholm Doggett Leach Roukema Fattah Lowey Rush Engel Matsui Stump Dooley Lee Roybal-Allard Filner Luther Ryan (WI) English McCarthy (MO) Stupak Duncan Levin Royce Fossella Maloney (NY) Ryun (KS) Eshoo McCollum Sweeney Dunn Lewis (CA) Rush Frank (MA) Manzullo Sanders Etheridge McCrery Talent Ehlers Lewis (GA) Sabo Franks (NJ) McCarthy (NY) Sanford H7956 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Tanner Toomey Weldon (FL) Sabo Strickland Wamp Watts (OK) Wexler Wynn Tauscher Traficant Weldon (PA) Sanchez Stupak Waters Weldon (FL) Wicker Young (FL) Tauzin Turner Wexler Sanders Thompson (CA) Watt (NC) Weldon (PA) Wise Taylor (MS) Udall (CO) Weygand Sawyer Thompson (MS) Waxman Weller Wolf Taylor (NC) Vitter Wicker Schakowsky Tierney Weiner Terry Walden Wilson Serrano Traficant Weygand NOT VOTING—12 Thomas Walsh Wise Shays Udall (NM) Whitfield Berry McHugh Sandlin Thompson (CA) Waters Wolf Shows Upton Wilson Buyer McIntosh Sununu Thompson (MS) Watt (NC) Wu Slaughter Velazquez Woolsey Jefferson Pryce (OH) Towns Thornberry Watts (OK) Wynn Stabenow Vento Wu Lantos Rangel Young (AK) Thurman Weiner Young (FL) Stark Visclosky b 1936 NOT VOTING—14 NOES—267 Ackerman Martinez Sandlin Ms. WATERS changed her vote from Aderholt Berry McHugh Sununu Gallegly Murtha ‘‘no’’ to ‘‘aye.’’ Andrews Buyer McIntosh Towns Gekas Neal Archer Mr. BEREUTER changed his vote Jefferson Pryce (OH) Young (AK) Gephardt Nethercutt Armey Lantos Rangel Gibbons Ney from ‘‘aye’’ to ‘‘no.’’ Bachus Gilchrest Northup So the amendment was rejected. Baird Gillmor Norwood The result of the vote was announced b 1927 Baker Goode Ortiz Ballenger Goodlatte Ose as above recorded. Mr. TIAHRT changed his vote from Barcia Goodling Oxley AMENDMENT OFFERED BY MR. NADLER ‘‘no’’ to ‘‘aye.’’ Barr Gordon Packard Barrett (NE) Goss Paul The CHAIRMAN pro tempore (Mr. So the amendment was rejected. Bartlett Graham Pease PEASE). The pending business is the de- The result of the vote was announced Barton Granger Peterson (MN) mand for a recorded vote on the as above recorded. Bateman Green (TX) Peterson (PA) Bentsen Green (WI) Petri amendment offered by the gentleman AMENDMENT OFFERED BY MR. NADLER Bereuter Greenwood Pickering from New York (Mr. NADLER) on which The CHAIRMAN pro tempore. The Berman Gutknecht Pickett further proceedings were postponed and pending business is the demand for a Biggert Hall (TX) Pitts on which the ayes prevailed by voice Bilirakis Hansen Pombo recorded vote on the amendment of- Bliley Hastings (FL) Porter vote. fered by the gentleman from New York Blunt Hastings (WA) Portman The Clerk will designate the amend- (Mr. NADLER) on which further pro- Boehlert Hayes Price (NC) ment. ceedings were postponed and on which Boehner Hayworth Quinn Bonilla Hefley Radanovich The Clerk designated the amend- the noes prevailed by voice vote. Bono Herger Regula ment. The Clerk will designate the amend- Borski Hill (IN) Reyes RECORDED VOTE ment. Boswell Hill (MT) Reynolds Boucher Hilliard Riley The CHAIRMAN pro tempore. A re- The Clerk designated the amend- Boyd Hinchey Rodriguez corded vote has been demanded. ment. Brady (TX) Hinojosa Rogan A recorded vote was ordered. RECORDED VOTE Bryant Hobson Rogers Burr Hoekstra Rohrabacher The CHAIRMAN pro tempore. This The CHAIRMAN pro tempore. A re- Burton Holden Roukema will be a 5-minute vote. corded vote has been demanded. Callahan Horn Royce The vote was taken by electronic de- A recorded vote was ordered. Calvert Hostettler Ryan (WI) vice, and there were—ayes 212, noes 207, Canady Houghton Ryun (KS) The CHAIRMAN pro tempore. This is Cannon Hoyer Salmon not voting 14, as follows: a 5-minute vote. Capuano Hulshof Sanford [Roll No. 394] Cardin Hunter Saxton The vote was taken by electronic de- AYES—212 vice, and there were—ayes 154, noes 267, Castle Hutchinson Scarborough Chabot Hyde Schaffer Abercrombie DeGette Johnson (CT) not voting 12, as follows: Chambliss Inslee Scott Ackerman Delahunt Jones (OH) [Roll No. 393] Chenoweth Isakson Sensenbrenner Allen DeLauro Kaptur Clay Istook Sessions Andrews Deutsch Kelly AYES—154 Clement Jackson-Lee Shadegg Bachus Diaz-Balart Kennedy Abercrombie Farr Martinez Clyburn (TX) Shaw Baird Dicks Kildee Ackerman Fattah McCarthy (MO) Coble Jenkins Sherman Baldacci Dixon Kilpatrick Allen Filner McCarthy (NY) Coburn John Sherwood Baldwin Doggett Kind (WI) Baldacci Ford McDermott Collins Johnson (CT) Shimkus Barcia Doyle King (NY) Baldwin Frank (MA) McKinney Combest Johnson, E. B. Shuster Barrett (WI) Dunn Kleczka Barrett (WI) Franks (NJ) McNulty Condit Johnson, Sam Simpson Becerra Edwards Klink Bass Ganske Meehan Cook Jones (NC) Sisisky Berkley Engel Kolbe Becerra Gejdenson Meeks (NY) Cooksey Jones (OH) Skeen Berman English Kucinich Berkley Gilman Menendez Cox Kasich Skelton Bilbray Eshoo Kuykendall Bilbray Gonzalez Millender- Cramer King (NY) Smith (MI) Bishop Evans LaFalce Bishop Gutierrez McDonald Crane Knollenberg Smith (NJ) Blagojevich Farr LaHood Blagojevich Hall (OH) Miller, George Cunningham Kucinich Smith (TX) Blumenauer Fattah Lampson Blumenauer Hilleary Minge Davis (FL) Kuykendall Smith (WA) Boehner Filner Larson Bonior Hoeffel Mink Davis (VA) LaHood Snyder Bonior Foley Lazio Brady (PA) Holt Moakley Deal Lampson Souder Borski Forbes Leach Brown (FL) Hooley Moore DeLay Largent Spence Brady (PA) Ford Lee Brown (OH) Jackson (IL) Moran (KS) DeMint Latham Spratt Brady (TX) Fossella Levin Camp Kanjorski Moran (VA) Deutsch LaTourette Stearns Brown (FL) Fowler Lewis (GA) Campbell Kaptur Myrick Dickey Lewis (CA) Stenholm Brown (OH) Frank (MA) LoBiondo Capps Kelly Nadler Dicks Lewis (KY) Stump Camp Franks (NJ) Lofgren Carson Kennedy Napolitano Doggett Linder Sweeney Campbell Frelinghuysen Lowey Clayton Kildee Nussle Dooley Lipinski Talent Capps Frost Luther Conyers Kilpatrick Oberstar Doolittle Lofgren Tancredo Capuano Gejdenson Maloney (CT) Costello Kind (WI) Obey Doyle Lucas (KY) Tanner Cardin Gephardt Maloney (NY) Coyne Kingston Olver Dreier Lucas (OK) Tauscher Carson Gilman Markey Crowley Kleczka Owens Dunn Manzullo Tauzin Castle Gonzalez Martinez Cubin Klink Pallone Edwards Mascara Taylor (MS) Chabot Green (TX) Matsui Cummings Kolbe Pascrell Ehlers Matsui Taylor (NC) Clay Greenwood McCarthy (MO) Danner LaFalce Pastor Ehrlich McCollum Terry Clayton Gutierrez McCarthy (NY) Davis (IL) Larson Payne Emerson McCrery Thomas Clement Hall (OH) McDermott DeFazio Lazio Pelosi English McGovern Thornberry Conyers Hastings (FL) McGovern DeGette Leach Phelps Etheridge McInnis Thune Costello Hinchey McKinney Delahunt Lee Pomeroy Everett McIntyre Thurman Coyne Hinojosa McNulty DeLauro Levin Rahall Ewing McKeon Tiahrt Crowley Hoeffel Meehan Diaz-Balart Lewis (GA) Ramstad Fletcher Meek (FL) Toomey Cummings Hooley Meek (FL) Dingell LoBiondo Rivers Foley Metcalf Turner Cunningham Horn Meeks (NY) Dixon Lowey Roemer Forbes Mica Udall (CO) Danner Hulshof Menendez Duncan Luther Ros-Lehtinen Fossella Miller (FL) Vitter Davis (FL) Inslee Millender- Engel Maloney (CT) Rothman Fowler Miller, Gary Walden Davis (IL) Jackson (IL) McDonald Eshoo Maloney (NY) Roybal-Allard Frelinghuysen Mollohan Walsh Davis (VA) Jackson-Lee Miller, George Evans Markey Rush Frost Morella Watkins DeFazio (TX) Minge September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7957 Mink Reyes Sweeney NOT VOTING—14 Skeen Tancredo Walden Moakley Rivers Talent Skelton Tanner Wamp Berry McIntosh Sununu Mollohan Rodriguez Tauscher Smith (MI) Tauzin Watkins Buyer Pryce (OH) Towns Thompson (CA) Smith (TX) Taylor (MS) Watts (OK) Moore Roemer Jefferson Rangel Woolsey Thompson (MS) Weldon (FL) Moran (VA) Rogan Lantos Sandlin Young (AK) Souder Taylor (NC) Thurman Weldon (PA) Morella Ros-Lehtinen McHugh Serrano Spence Thornberry Myrick Rothman Tiahrt Stabenow Thune Weller Nadler Roybal-Allard Tierney Stearns Tiahrt Whitfield Traficant Wicker Napolitano Royce b 1944 Stenholm Toomey Turner Wilson Neal Rush Stump Turner Udall (CO) Wolf Nussle Sabo Messrs. EDWARDS, HASTINGS of Sweeney Udall (CO) Velazquez Florida, UDALL of Colorado, MORAN Talent Vitter Oberstar Sanchez Vento Obey Sanders Visclosky of Virginia, and DAVIS of Florida Ortiz Sawyer Waters changed their vote from ‘‘no’’ to ‘‘aye.’’ NOES—235 Ose Scarborough Watt (NC) So the amendment was agreed to. Ackerman Gilman Nadler Owens Schakowsky Waxman The result of the vote was announced Allen Gonzalez Napolitano Pallone Scott Weiner Andrews Green (WI) Neal Pascrell Shays Wexler as above recorded. Baird Gutierrez Northup Pastor Sherman Weygand AMENDMENT OFFERED BY MR. ROGAN Baldacci Hall (OH) Nussle Payne Slaughter Wilson Baldwin Hastings (FL) Oberstar Pease Smith (NJ) Wise The CHAIRMAN pro tempore. The Barcia Hefley Obey Pelosi Smith (WA) Wu pending business is the demand for a Barrett (NE) Hill (IN) Olver Pomeroy Stabenow Wynn recorded vote on the amendment of- Barrett (WI) Hilliard Ose Porter Stark fered by the gentleman from California Bass Hinchey Owens Becerra Hinojosa Pallone Quinn Strickland (Mr. ROGAN) on which further pro- Ramstad Stupak Bentsen Hobson Pascrell ceedings were postponed and on which Berkley Hoeffel Pastor NOES—207 the noes prevailed by voice vote. Berman Holden Payne Biggert Holt Pease Aderholt Gordon Peterson (PA) The Clerk will designate the amend- Bilbray Hooley Pelosi Archer Goss Petri ment. Bilirakis Hostettler Peterson (MN) Armey Graham Phelps The Clerk designated the amend- Blagojevich Houghton Petri Baker Granger Pickering ment. Blumenauer Hoyer Phelps Ballenger Green (WI) Pickett Boehlert Hyde Pitts Barr Gutknecht Pitts RECORDED VOTE Bonior Inslee Pomeroy Barrett (NE) Hall (TX) Pombo The CHAIRMAN pro tempore. A re- Borski Jackson (IL) Portman Bartlett Hansen Portman corded vote has been demanded. Boswell Jackson-Lee Price (NC) Barton Hastings (WA) Price (NC) Brady (PA) (TX) Quinn Bass Hayes Radanovich A recorded vote was ordered. Brown (FL) Johnson (CT) Rahall Bateman Hayworth Rahall The CHAIRMAN pro tempore. This Brown (OH) Johnson, E. B. Ramstad Bentsen Hefley Regula will be a 5-minute vote. Burr Jones (OH) Regula Bereuter Herger Reynolds Camp Kanjorski Reynolds Biggert Hill (IN) Riley The vote was taken by electronic de- Campbell Kaptur Rodriguez Bilirakis Hill (MT) Rogers vice, and there were—ayes 185, noes 235, Capuano Kasich Roemer Bliley Hilleary Rohrabacher not voting 13, as follows: Cardin Kelly Rogers Roukema Carson Kennedy Ros-Lehtinen Blunt Hilliard [Roll No. 395] Boehlert Hobson Ryan (WI) Castle Kildee Rothman Bonilla Hoekstra Ryun (KS) AYES—185 Chabot Kilpatrick Roukema Salmon Clay Kind (WI) Roybal-Allard Bono Holden Abercrombie Ehlers Lucas (KY) Boswell Holt Sanford Clayton King (NY) Rush Saxton Aderholt Ehrlich Lucas (OK) Clement Kleczka Ryan (WI) Boucher Hostettler Archer Emerson Manzullo Boyd Houghton Schaffer Clyburn Klink Sabo Sensenbrenner Armey English Martinez Conyers Knollenberg Sanchez Bryant Hoyer Bachus Everett McCollum Burr Hunter Sessions Costello Kucinich Sanders Shadegg Baker Fletcher McInnis Coyne LaFalce Sawyer Burton Hutchinson Ballenger Foley McIntyre Callahan Hyde Shaw Crowley Larson Saxton Sherwood Barr Fowler McKeon Cummings Latham Schakowsky Calvert Isakson Bartlett Gekas Meeks (NY) Canady Istook Shimkus Davis (FL) Lazio Serrano Barton Gibbons Metcalf Davis (IL) Leach Shays Cannon Jenkins Shows Bateman Gilchrest Mica DeFazio Lee Sherman Chambliss John Shuster Simpson Bereuter Goode Miller (FL) DeGette Levin Slaughter Chenoweth Johnson, E. B. Sisisky Bishop Goodlatte Miller, Gary Delahunt Lewis (CA) Smith (NJ) Clyburn Johnson, Sam Skeen Bliley Goodling Moran (KS) DeLauro Lewis (GA) Smith (WA) Coble Jones (NC) Skelton Blunt Gordon Moran (VA) Deutsch Lipinski Snyder Coburn Kanjorski Smith (MI) Boehner Goss Nethercutt Diaz-Balart LoBiondo Spratt Collins Kasich Smith (TX) Bonilla Graham Ney Dickey Lowey Stark Combest Kingston Snyder Bono Granger Norwood Dicks Luther Strickland Condit Knollenberg Souder Boyd Green (TX) Ortiz Dingell Maloney (CT) Stupak Cook Largent Spence Brady (TX) Greenwood Oxley Doggett Maloney (NY) Tauscher Cooksey Latham Spratt Bryant Gutknecht Packard Dooley Markey Terry Cox LaTourette Stearns Burton Hall (TX) Paul Doolittle Mascara Thomas Cramer Lewis (CA) Stenholm Callahan Hansen Peterson (PA) Doyle Matsui Thompson (CA) Crane Lewis (KY) Stump Calvert Hastings (WA) Pickering Edwards McCarthy (MO) Thompson (MS) Cubin Linder Tancredo Canady Hayes Pickett Engel McCarthy (NY) Thurman Deal Lipinski Tanner Cannon Hayworth Pombo Eshoo McCrery Tierney DeLay Lucas (KY) Tauzin Capps Herger Porter Etheridge McDermott Traficant DeMint Lucas (OK) Taylor (MS) Chambliss Hill (MT) Radanovich Evans McGovern Udall (NM) Dickey Manzullo Taylor (NC) Chenoweth Hilleary Reyes Ewing McKinney Upton Dingell Mascara Terry Coble Hoekstra Riley Farr McNulty Velazquez Dooley McCollum Thomas Coburn Horn Rivers Fattah Meehan Vento Doolittle McCrery Thornberry Collins Hulshof Rogan Filner Meek (FL) Visclosky Dreier McInnis Thune Combest Hunter Rohrabacher Forbes Menendez Walsh Duncan McIntyre Toomey Condit Hutchinson Royce Ford Millender- Waters Ehlers McKeon Udall (NM) Cook Isakson Ryun (KS) Fossella McDonald Watt (NC) Ehrlich Metcalf Upton Cooksey Istook Salmon Frank (MA) Miller, George Waxman Emerson Mica Vitter Cox Jenkins Sanford Franks (NJ) Minge Weiner Etheridge Miller (FL) Walden Cramer John Scarborough Frelinghuysen Mink Wexler Everett Miller, Gary Walsh Crane Johnson, Sam Schaffer Frost Moakley Weygand Ewing Moran (KS) Wamp Cubin Jones (NC) Scott Gallegly Mollohan Wise Fletcher Murtha Watkins Cunningham Kingston Sensenbrenner Ganske Moore Woolsey Gallegly Nethercutt Watts (OK) Danner Kolbe Sessions Gejdenson Morella Wu Ganske Ney Weldon (FL) Davis (VA) Kuykendall Shadegg Gephardt Murtha Wynn Gekas Northup Weldon (PA) Deal LaHood Shaw Gillmor Myrick Young (FL) Gibbons Norwood Weller DeLay Lampson Sherwood Gilchrest Olver Whitfield DeMint Largent Shimkus NOT VOTING—13 Gillmor Oxley Wicker Dixon LaTourette Shows Goode Packard Wolf Dreier Lewis (KY) Shuster Berry Jefferson McIntosh Goodlatte Paul Young (FL) Duncan Linder Simpson Boucher Lantos Goodling Peterson (MN) Dunn Lofgren Sisisky Buyer McHugh H7958 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Pryce (OH) Sandlin Towns Barcia Gilman Ose The result of the vote was announced Rangel Sununu Young (AK) Barr Goode Oxley Barrett (NE) Goodlatte Packard as above recorded. Mr. WALSH. Mr. Chairman, I move b 1952 Bartlett Goodling Paul Barton Gordon Petri that the Committee do now rise. Mr. BERMAN and Mr. DICKS Bass Goss Pickering The motion was agreed to. Bateman Graham Pickett changed their vote from ‘‘aye’’ to ‘‘no.’’ Bentsen Granger Pitts Accordingly, the Committee rose; So the amendment was rejected. Berkley Green (TX) Pombo and the Speaker pro tempore (Mr. The result of the vote was announced Berman Green (WI) Portman TERRY) having assumed the chair, Mr. as above recorded. Biggert Greenwood Price (NC) Bilbray Gutknecht Radanovich PEASE, Chairman pro tempore of the AMENDMENT OFFERED BY MR. GUTIERREZ Bilirakis Hall (TX) Rahall Committee of the Whole House on the The CHAIRMAN pro tempore (Mr. Bliley Hansen Reyes State of the Union, reported that that Blunt Hastings (FL) Riley Committee, having had under consider- PEASE). The pending business is the de- Boehlert Hastings (WA) Rivers mand for a recorded vote on the Boehner Hayes Roemer ation the bill (H.R. 2684) making appro- amendment offered by the gentleman Bonilla Hayworth Rogan priations for the Departments of Vet- from Illinois (Mr. GUTIERREZ) on which Bono Hefley Rogers erans Affairs and Housing and Urban Boswell Herger Rohrabacher further proceedings were postponed and Boucher Hill (IN) Roukema Development, and for sundry inde- on which the ayes prevailed by voice Boyd Hill (MT) Royce pendent agencies, boards, commissions, vote. Brady (TX) Hilleary Ryan (WI) corporations, and offices for the fiscal Brown (OH) Hilliard Ryun (KS) year ending September 30, 2000, and for The Clerk will designate the amend- Bryant Hinojosa Salmon ment. Burton Hobson Sanford other purposes, had come to no resolu- The Clerk designated the amend- Callahan Holden Sawyer tion thereon. ment. Calvert Horn Saxton Campbell Hostettler Scarborough f RECORDED VOTE Canady Houghton Schaffer The CHAIRMAN pro tempore. A re- Cannon Hoyer Scott REMOVAL OF NAME OF MEMBER Capps Hulshof Sensenbrenner AS COSPONSOR OF H.R. 1621 corded vote has been demanded. Capuano Hunter Sessions A recorded vote was ordered. Cardin Hutchinson Shadegg Mr. TANCREDO. Mr. Speaker, I ask The CHAIRMAN pro tempore. This Chambliss Hyde Shaw unanimous consent to remove my will be a 5-minute vote. Chenoweth Inslee Sherman name as cosponsor from H.R. 1621. Clay Isakson Sherwood The vote was taken by electronic de- Clayton Istook Shimkus The SPEAKER pro tempore. Is there vice, and there were—ayes 152, noes 269, Clement Jackson-Lee Shuster objection to the request of the gen- not voting 12, as follows: Coble (TX) Simpson tleman from Colorado? Coburn Jenkins Sisisky There was no objection. [Roll No. 396] Collins John Skeen AYES—152 Combest Johnson (CT) Skelton f Condit Johnson, E. B. Slaughter Ackerman Holt Olver Cook Johnson, Sam Smith (TX) Allen Hooley Owens THE VIOLENCE IN EAST TIMOR Cooksey Jones (NC) Smith (WA) Baldacci Jackson (IL) Pallone Cox Jones (OH) Snyder MUST STOP NOW Baldwin Kanjorski Pascrell Cramer Kaptur Souder Barrett (WI) Kelly Pastor (Mr. MCGOVERN asked and was Crane Kasich Spence Becerra Kennedy Payne Cubin King (NY) Spratt given permission to address the House Bereuter Kildee Pease Cummings Kingston Stabenow for 1 minute and to revise and extend Bishop Kilpatrick Pelosi Cunningham Knollenberg Stearns Blagojevich Kind (WI) Peterson (MN) his remarks.) Davis (FL) Kolbe Stenholm Blumenauer Kleczka Peterson (PA) Mr. MCGOVERN. Mr. Speaker, I was Davis (VA) Kucinich Stump Bonior Klink Phelps Deal Kuykendall Sweeney in East Timor at the end of August. I Borski LaFalce Pomeroy DeLay Lampson Talent met with the government and military Brady (PA) LaHood Porter DeMint Largent Tancredo Brown (FL) Larson Quinn officials, with U.N. monitors, religious Deutsch LaTourette Tanner Burr Latham Ramstad Diaz-Balart Lewis (CA) Tauscher and community leaders. I traveled to Camp Lazio Regula Dickey Lewis (KY) Tauzin the countryside. When I left East Carson Leach Reynolds Dicks Linder Taylor (MS) Castle Lee Rodriguez Timor, I called for the immediate for- Dingell Lofgren Taylor (NC) Chabot Levin Ros-Lehtinen mation of a U.N. peacekeeping force Doggett Lucas (OK) Terry Clyburn Lewis (GA) Rothman Dooley Manzullo Thomas because everyone feared violent retal- Conyers Lipinski Roybal-Allard Doolittle Matsui Thompson (MS) iation after the vote. Costello LoBiondo Rush Dreier McCarthy (NY) Thornberry Coyne Lowey Sabo Now their worst fears have been real- Duncan McCollum Thurman Crowley Lucas (KY) Sanchez Dunn McCrery Tiahrt ized. I had dinner in the home of Danner Luther Sanders Edwards McGovern Toomey Bishop Belo. Now his home has been Davis (IL) Maloney (CT) Schakowsky Ehlers McInnis Turner DeFazio Maloney (NY) Serrano burned to the ground. I have talked to Emerson McIntyre Udall (CO) DeGette Markey Shays people in Dili and Jakarta. Their eye- English McKeon Vitter Delahunt Martinez Shows Etheridge Meek (FL) Walden witness reports make your blood run DeLauro Mascara Smith (MI) Everett Metcalf Walsh cold. Dixon McCarthy (MO) Smith (NJ) Ewing Mica Wamp Doyle McDermott Stark This is not anarchy. This is not civil Farr Miller (FL) Watkins Ehrlich McKinney Strickland Fletcher Miller, Gary Watts (OK) war. This is the deliberate, planned Engel McNulty Stupak Foley Moakley Weldon (FL) slaughter of a people. Eshoo Meehan Thompson (CA) Forbes Mollohan Weldon (PA) Evans Meeks (NY) Thune The United States and the inter- Fossella Moran (VA) Wexler Fattah Menendez Tierney national community must help restore Fowler Murtha Whitfield Filner Millender- Traficant Frelinghuysen Neal Wicker order and security by immediately de- Ford McDonald Udall (NM) Frost Nethercutt Wise ploying an international peacekeeping Frank (MA) Miller, George Upton Gallegly Ney Wolf Franks (NJ) Minge Velazquez force. Gekas Northup Wu Ganske Mink Vento Gibbons Norwood Wynn The United States should suspend all Gejdenson Moore Visclosky Gilchrest Ortiz Young (FL) aid to Indonesia, including multilat- Gephardt Moran (KS) Waters eral aid, until the violence is ended and Gillmor Morella Watt (NC) NOT VOTING—12 Gonzalez Myrick Waxman the people’s safety is guaranteed. Berry McHugh Sandlin Gutierrez Nadler Weiner Buyer McIntosh Sununu Seventy-eight percent of the people Hall (OH) Napolitano Weller Jefferson Pryce (OH) Towns of East Timor voted for independence. Hinchey Nussle Weygand Lantos Rangel Young (AK) Hoeffel Oberstar Wilson Their courage and commitment to free- Hoekstra Obey Woolsey dom should not be rewarded with b 1959 NOES—269 death. The time to act is now. Mr. RODRIGUEZ changed his vote Mr. Speaker, at this time I would Abercrombie Archer Baird Aderholt Armey Baker from ‘‘no’’ to ‘‘aye.’’ enter additional material into the Andrews Bachus Ballenger So the amendment was rejected. RECORD. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7959

STATEMENT OF U.S. REPRESENTATIVE JIM OBSERVATIONS AND RECOMMENDATIONS: AU- situation has arisen where over 2000 inter- MCGOVERN ON THE CURRENT VIOLENCE IN GUST 19–24, 1999 FACT-FINDING TRIP TO EAST nally displaced persons (IDP’s) are seeking EAST TIMOR, SEPTEMBER 7, 1999 TIMOR, U.S. REPRESENTATIVE JAMES P. temporary sanctuary on the property of a U.S. Representative Jim McGovern (D–MA) MCGOVERN local church. It is clear that most of the called upon the Clinton Administration Having just returned from a fact-finding IDP’s are pro-independence and are waiting today to suspend all U.S. assistance to the mission to East Timor (August 19–24) with in order to vote on August 30. Local authori- Government of Indonesia until such time as Senators Tom Harkin (D–IA) and Jack Reed ties in Suai had shut off the water supply to the violence in East Timor has ceased and (D–RI), I would make the following observa- the church and have also refused to allow the safety and security of the East Timorese tions: food products to be brought to displaced peo- people can be guaranteed. Rep. McGovern (1) The May 5th Agreement on East ple by the UNHCR. Our delegation appealed has also pressed the White House to support Timor—signed by the Governments of Indo- to local authorities to allow water and food the immediate deployment to East Timor of nesia and Portugal and the United Nations to be brought to these people—and we were a multinational peacekeeping force to help Secretary General—puts forth the frame- told that would happen. Water was restored, restore law and order. The following is Rep. work for elections in East Timor that would according to U.N. reports, later the next day. McGovern’s statement: decide whether East Timor would remain a (4) On Saturday, Senator Harkin and I met ‘‘I recently traveled to East Timor as part part of Indonesia (technically the vote is on with Indonesian President B.J. Habibie. We of a congressional delegation that included supporting or rejecting autonomy). expressed our gratitude for his public state- Sen. Tom Harkin (D–IA) and Jack Reed (R– The United Nations Mission on East Timor ments in support of a free and fair vote in RI) to assess the conditions leading to the (UNAMET) has been established to imple- East Timor—but reported that our recent August 30 referendum. Based on our inter- ment the agreement and the Indonesian Gov- visit demonstrated to us that conditions views with officials in East Timor and Ja- ernment is responsible for ensuring the bal- there were still very disturbing. We urged karta, and what we had witnessed on the lot can take place in a peaceful and stable that he take a more aggressive role in de- ground in East Timor, I called for a United environment. manding Indonesian military compliance Nations Peacekeeping force to be deployed in (2) UNAMET has done an excellent job in with the spirit of the May 5th agreement. We East Timor during this difficult transition creating a process that will allow this suggested a number of military officers who period. Throughout East Timor the people plebescite to occur. Despite a smear cam- should be replaced based on their inappro- we talked with were deeply concerned about paign being launched against them by pro-in- priate behavior. He asked us to follow-up violent retaliation following the vote. Their tegration forces, UNAMET has been objec- with a memo—which Senator Harkin agreed fears have now been confirmed in the most tive and fair—and has established a process to do before leaving Jakarta. horrific way. ‘‘Over the past several days, I have been in that is credible. RECOMMENDATIONS discussions with many of the people I met UNAMET has already postponed the vote (1) The United States and the world com- with in East Timor, some of whom have re- twice—from August 8 to August 21 to August munity should continue to strongly—and cently been evacuated off the island. They 30. It appears unlikely that it will be post- without equivocation—support UNAMET. describe burning and looting in Dili; attacks poned again. This is especially important to do now be- against unarmed civilians, including women In the face of political intimidation and vi- cause prointegration forces are smearing and children; attacks against U.N. workers olence—mostly by pro-integration forces— UNAMET in order to justify ignoring the and the International Committee of the Red UNAMET nonetheless, registered over 450,000 voting results if the decision is pro-independ- Cross; the rounding up of people who have voters. People defied the intimidation and ence. taken refuge with the Catholic Church and registered in higher than expected numbers (2) The United States should urge the U.N. transporting them to unknown destinations. (over 100,000 more than what the U.N. consid- and the Indonesian government to allow a The fate of these people is unknown, and the ered an ‘‘acceptable’’ level). U.N. peacekeeping force into East Timor im- worst is feared. In most instances, eye- (3) From discussions on the ground in East mediately. It is clear that the Indonesian po- witnesses report the collaboration or direct Timor with a variety of parties, it seems un- lice and military are not creating a secure assistance of the Indonesian police and mili- likely that there will occur a truly free and environment, which could be particularly tary in these actions. fair plebiscite. However, UNAMET’s efforts dangerous in the aftermath of a pro-inde- ‘‘I urge the United States to support Aus- could very well lead to a vote that truly re- pendence vote. A number of U.N. and human tralia and other nations calling for the im- flects the will of the people in East Timor. rights observers continue to worry about re- mediate deployment of a multinational Armed militias continue to operate with taliation in the aftermath of the election. peacekeeping force to restore order to East impunity. We visited the town of Maliana on Based on what I’ve observed, the local police Timor and an end to the violence. The Gov- Saturday—only to learn that the town is reg- will not or cannot stand up to military- ernment of Indonesia has clearly been unable ularly swarming with armed militias. The backed militias. or unwilling to provide security to the East U.N. offices were recently attacked. In fact, (3) The United States and the world com- Timorese people and should agree to the im- a rock that was hurled through a window is munity must continue to make clear that In- mediate deployment of such an international still lodged in a wall in one of the offices. A donesia’s failure to live up to the May 5th force to assist Indonesia in meeting its re- number of local people have been killed, agreement and provide security to the people sponsibilities and international commit- some are reported missing and many are rou- of East Timor before, during and especially ments under the May 5 Agreement it signed tinely threatened with death if the election after the vote will result in strong con- with the United Nations and the Government should result in a pro-independence vote. sequences—both economically and dip- of Portugal. We met with the local police chief who, lomatically. The Indonesian Government can ‘‘I further urge the Administration to sus- while assuring us he will do his best to main- show good faith now by disarming the mili- pend all U.S. bilateral assistance to the Gov- tain security for the vote, conceded that he tias and arresting anyone with an unauthor- ernment of Indonesia until such time as the could give no instances where individuals as- ized weapon. United Nations certifies that order has been sociated with militias had been arrested—de- The U.S. Congressional delegation met restored and safety to the East Timorese spite the fact that militia activity is strictly with: people guaranteed. Time and again, the Gov- illegal. U.S. Ambassador to Indonesia J. Stapleton ernment of Indonesia has pledged to guar- It is also clear that the militias are a prod- Roy and embassy staff. antee security of the East Timorese people. uct of the Indonesian military—and not of Xanana Gusmao, opposition leader. Time and again, the U.S. has stated that any community-based organization. They Major General Zacky Anwar—Indonesia there will be severe consequences should the exist to do the army’s bidding—plain and Armed Forces (TNI) in East Timor. Indonesian Government fail to live up to its simple. If the military authorities wanted Deputy Governor Sudharto of Dili, East commitments. They have failed to do so. It militia activity to cease, it would. Timor. is time for the U.S. and other countries to The police force, which has been tech- Party Leaders of the National Council of begin demonstrating what those con- nically charged with maintaining security the Timorese Resistance (CNRT, the coali- sequences are: a loss of all international eco- and has been given all the appropriate sup- tion of pro-independence forces). nomic, military and development support. I port UNAMET, has been unwilling or unable United Nations Assistance Mission in East ask the U.S. to take the lead in urging other to control militia violence. By all accounts, Timor team members (UNAMET)—including nations to suspend their assistance to Ja- police security simply stand by and watch in Ian Martin, Special Representative for the karta and for the international financial in- the face of militia violence—and refuse to go Secretary General for the East Timor Pop- stitutions to freeze all loan disbursements on against the military. What is particularly ular Consultation. current projects in Indonesia. alarming is that this same police force is Roman Catholic Bishop of Dili, East ‘‘Over 78 percent of people of East Timor charged with maintaining security in the Timor, Carlos Felipe Zimenes Belo. voted for independence. Their courage and post-plebiscite period. Mateu Maiz, Mayor of Dili and faith in democracy and the international A visit by our delegation to Suai on Satur- spokespeople of the United Front for East community should not be rewarded with day revealed many of the same problems as Timor Autonomy (FPDK), the coalition of death and destruction. Every hour is costing in Maliana. Armed militias, political intimi- pro-integration forces). lives in East Timor. The international com- dation and threats of violence are all com- Site visits to the western towns of Maliana munity and the United States must act now. monplace. In Suai, a potentially explosive and Suai in East Timor. H7960 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Indonesian President B.J. Habibie. national observers were evacuated to Ja- Congratualtions to Houston and con- karta with the help of the Australian con- gratulations to the WNBA. CARTER CENTER REPORT NO. 8 ON EAST TIMOR sulate and the U.S. Embassy. Carter Center Back to back to back. CARTER CENTER STAFF EVACUATES EAST TIMOR; local staff are still scattered in Dili and un- I am pleased to address the House to con- accounted for. CENTER JOINS CALL FOR INTERNATIONAL gratulate the Houston Comets on their third INTERVENTION IF INDONESIAN GOVERNMENT International press and observers were forced at gunpoint by Indonesian police to Women's National Basketball Association title. FAILS TO ACT evacuate their hotels and residences on Sun- On Sunday, the Comets beat the New York The Carter Center has been forced by mili- day and Monday and driven to the airport. A Liberty 59±47 in front of a sell-out crowd at tia attacks in East Timor to evacuate its re- small number of international journalists re- maining three international staff members the Compaq Center in Houston. fused to leave and some are now taking ref- It was a great day for Houston, a great day from the territory. Their reports from Ja- uge at UNAMET headquarters. karta of the events they witnessed just prior There has been almost constant automatic for women's basketball and women's sports, to leaving the East Timor capital of Dili con- weapon fire around and over UNAMET head- and it was a great day for the Comets, a team clusively show complicity of Indonesian quarters since Saturday evening. On Sunday that has overcome tragedy to make history. forces, both police and military, with the night several thousand internally displaced The Houston Comets have now won three armed gangs terrorizing and displacing the persons sheltered in a school adjacent to consecutive championship games. This is the local East Timorese populace. This includes UNAMET headquarters were forced to flee second time that the team has faced the New militias’ efforts to drive international ob- into the U.N. compound after automatic York Liberty and won. And for the third con- servers, journalists, and U.N. staff out of weapons with tracer bullets were fired over East Timor. their heads. An estimated 2,000 people have secutive season, Cynthia Cooper has been This violent situation is not chaotic, but now taken refuge in the U.N. compound. named the Most Valuable Player for the rather appears to follow a plan, since Indo- UNAMET has been forced to evacuate all WNBA Finals. nesian forces openly tolerate or even support eight of their regional offices and on Monday Sunday was indeed a great day for Houston assaults and killing of unarmed civilians by evacuated a large number of international because it brought the city together. The the militias. The Indonesian government has staff from UNAMET headquarters in Dili. game on Sunday was played before a sell-out repeatedly pledged to take steps to stop the U.N. vehicles carrying evacuees to the air- crowd of 16,285 fans. It brought the best out violence and has sufficient forces in East port on Monday were fired upon. in a team and a city that suffered the loss of Timor to do so, but no action to stop the f rampaging militias is evident in Dili or else- Kim Perrot, the point guard who passed away where in East Timor. At the very least, in- COMMEMORATION FOR THE one week before the play-offs. subordination of military forces in the terri- HOUSTON COMETS Kim Perrot was crucial to the Comets in tory to higher command officials is occur- (Ms. JACKSON-LEE of Texas asked their two previous championship games. Un- ring. Immediate changes in command and and was given permission to address fortunately, she was diagnosed with lung can- public issuance of orders to the military to cer earlier this year, and passed away in mid- use force to stop the militias are required. the House for 1 minute and to revise and extend her remarks.) August. If the U.N. ambassadorial delegation deter- Although she was not physically present, mines that the Indonesian government is not Ms. JACKSON-LEE of Texas. Mr. prepared to reverse this situation imme- Speaker, back to back to back. The her spirit was indeed there as the team rallied diately, every step should be taken to get Houston Comets are phenomenal to victory. The crowds chanted ``Three for Kim, President B.J. Habibie to agree to the intro- women, and I am here this morning to three for Kim,'' until the final buzzer, and sev- duction of armed international peacekeeping congratulate them for their terrific eral fans wore her jersey, number 10 in her forces. victory against the New York Liberty. memory. Carter Center observers, now stationed in But more importantly, Mr. Speaker, I The excitement over the Comets' win fol- Jakarta, have confirmed the following inci- am here to congratulate outstanding lows behind the triumphant win by the U.S. dents through direct observation or reliable Women's Soccer Team earlier this summer. reports from eyewitnesses in East Timor: sports players and women who played Since the vote results were announced on last Sunday at the arena in Houston Both of these wins have ushered in a new era Saturday, armed pro-integration militia before a sold-out crowd, and yes, this of respect for women's sports. members have erected roadblocks through- team has had its trials and tribu- Women's sporting events have proven to be out Dili and control the streets of the capital lations, its ups and downs, but they just as exciting as men's sports. We have at all hours of the day. Militia members are: took the bottom of their spirit, and seen an increase in sports participation by terrorizing and murdering unarmed civilians; they brought it to the top, and their girls in school and we will soon see more intimidating, threatening, and attacking perseverance and their strength, and women's sports in prime time. Young girls now international personnel; burning houses; and have role models in athletics like Cynthia Coo- displacing large numbers of people. Carter they dedicated their game to Kim Center observers have on numerous occa- Perrot, the spiritual leader of their per, Sheryl Swoopes and Tammy Jackson. sions witnessed militia members perpe- team who flew with the angels and Just as we paid homage to Title IX earlier trating acts of violence in full view of heav- looked down and said, ‘‘you’ve got to this year, I would like to again mention how ily-armed police and military personnel who win this for Kim.’’ important that legislation has been to women's either stand by and watch or actively assist And so this crowd has shown us along professional sports today. The accomplish- the militias. with the Houston Comets what it ments of the Women's National Basketball On Monday afternoon, Sept. 6, in Dili, re- means to be strong in one’s soul and to League serve to remind us that only 27 years ports were received that thousands of inter- win a game because they really won it ago, there was no Title IX and women were nally displaced persons were being taken and they deserve it. All the little girls from their places of refuge in Dili by police still second class citizens. We have come a and loaded on trucks headed for West Timor. of Houston and the Nation can now long way from the days when only men were Over the weekend, militia members at- look up to this phenomenal team and expected to excel in sports. tacked and burned the offices of the Inter- these phenomenal women. In athletics, we will continue to see more national Committee of the Red Cross, the To Cynthia Cooper and Sheryl opportunities for women in intercollegiate and residence of Nobel Peace Prize laureate Swoopes, to Tammy Jackson, to professional sports. Institutions must ensure Bishop Carlos Belo, and other places of ref- Janeth Arcain, Cynthia Cooper, Sonja that there is adequate athletic financial assist- uge, forcing thousands of internally dis- Henning, Tammy Jackson, Monica ance, accommodation of athletic interests and placed people sheltered in those places to Lamb, Mila Nikolich, Jennifer flee. abilities of women, and that the opportunities Carter Center observers contacted officials Rizzotti, Sheryl Swoopes again, Tina and treatments afforded to sports participants at one Catholic mission in Dili that was shel- Thompson again, Polina Tzekova, must be equivalent. All of this is critical to en- tering several thousand internally displaced Amaya Valdermoro, and Kara Wolters sure a solid future for women's professional persons. They said armed militia had re- and to the MVP and the dynamic pub- sports. moved all young men from the compound on lic relations leader, Sarah Joseph, and, The Houston Comets have now followed in Monday evening. Their current whereabouts of course, to Van Chancellor, the coach the footsteps of some of the more prominent and condition is unknown. who is the coach of the WNBA, and the NBA teams in winning three titles in a row. Carter Center observers were attacked by owner, Les Alexander; they are a cham- militia at the port of Dili as they attempted The Comets are now a part of the pantheon to evacuate the Carter Center’s local East pion, they are phenomenal women, and that includes the former Minneapolis Lakers, Timorese staff on Sunday. After being pur- we say to our spiritual leader who flies the Boston Celtics, and the Chicago Bulls. sued through the city by armed militia and with the angels, Kim Perrot, ‘‘We’ll I salute the Houston Comets teamÐJaneth by Indonesian police, the Center’s inter- never forget you.’’ Arcain, Cynthia Cooper, Sonja Henning, September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7961 Tammy Jackson, Monica Lamb, Mila Nikolich, As I speak, our Trade ambassador is would continue to swell the record set- Jennifer Rizzotti, Sheryl Swoopes, Tina being advised at the APEC summit in ting trade deficits that we seem to find Thompson, Polina Tzekova, Amaya New Zealand by an individual who just each month in dealing with China. Valdermoro, and Kara Wolters for giving our 2 weeks ago was a lobbyist for Boeing, Think about that because the ugly children s-heroes to look up to. I also salute while his predecessor is now a lobbyist truth in this report which we are not their coach, Van Chancellor, their owner, Les for a satellite manufacturer with ex- allowed to read because it is damaging Alexander and the people of Houston for giv- tensive dealings in the People’s Repub- to the agenda of the Republican leader- ing us another reason to celebrate women in lic of China. ship in Congress, to the President and sports. Think about that the next time you the administration, and to leaders in f read or hear about a textile worker in corporate America because it is dam- Georgia or an assembly line worker in aging to them, it is admitting that the SPECIAL ORDERS Detroit or Cleveland who loses her job People’s Republic of China into the The SPEAKER pro tempore. Under to a flood of Chinese goods, products WTO is the ultimate remedy for our the Speaker’s announced policy of Jan- that are made by workers that can be burgeoning trade deficit with the uary 6, 1999, and under a previous order arrested, tortured, even executed for world’s worst abuser of human rights. of the House, the following Members trying to organize a trade union. Think Mr. Speaker, this is absurd. The will be recognized for 5 minutes each: about their lives and the lives of their American people should demand that f families and the well-being of their the report be released and we should communities because the USTR is not once and for all be allowed to finally The SPEAKER pro tempore. Under a going to hire these workers, Microsoft democratize our trade policies. For too previous order of the House, the gen- is not going to employ them as com- long our voters, the men and women tleman from Kansas (Mr. MORAN) is puter engineers, Wall Street is not who send us here, have been shut out of recognized for 5 minutes. going to take care of these laid off this arena and they deserve to know (Mr. MORAN of Kansas addressed the workers by allowing them to share the exactly what our trade bureaucrats and House. His remarks will appear here- wealth either. their corporate allies have in store. after in the Extensions of Remarks.) And while we are left wondering how Mr. Speaker, say no to WTO acces- f to help our workers and their families sion for the communist government The SPEAKER pro tempore. Under a recover from the latest flood of prison and the People’s Republic of China. previous order of the House, the gen- labor imports or how we get the Peo- f tleman from Virginia (Mr. SCOTT) is ple’s Liberation Army to back down recognized for 5 minutes. from its threats against Taiwan, STEENS MOUNTAIN (Mr. SCOTT addressed the House. His maybe we should take a closer look at The SPEAKER pro tempore (Mr. remarks will appear hereafter in the how exactly our proposed World Trade TERRY). Under a previous order of the Extension of Remarks.) Organization deal with China will af- House, the gentleman from Oregon (Mr. f fect American business and American WALDEN) is recognized for 5 minutes. workers. Mr. WALDEN of Oregon. Mr. Speak- USTR PREPARING TO GIVE CHINA Just last week, the International er, last weekend I had the great for- MEMBERSHIP IN WTO Trade Commission released a report de- tune of visiting with the ranchers and The SPEAKER pro tempore. Under a tailing the benefits a China WTO deal individual citizens who live on and previous order of the House, the gen- would have on our economy, a report around Steens Mountain in Harney tleman from Ohio (Mr. BROWN) is rec- based on the false promises that Zhu County. ognized for 5 minutes. made during his Washington visit last I traveled many miles over a majes- Mr. BROWN of Ohio. Mr. Speaker, as April. False promises because time and tic loop road that takes in the magnifi- incredible as it sounds, the bureaucrats time again the communist Chinese cent views of the vistas overlooking from the United States Trade Rep- Government has not lived up in China the Kiger Gorge and the Alvord Desert resentative’s Office are once again pre- to a single pledge to open its market to and the Little Blitzen Gorge. I also paring to give their comrades in the foreign competition. flew over these breathtaking areas and People’s Republic of China membership Every memorandum of under- actually got on a horse and rode to the in the World Trade Organization. We standing, every bilateral trade pact ridgetops of the Roaring Springs Ranch saw the same thing happen last April that our USTR, our Trade representa- to look at the Steens Mountains. when the Chinese autocrat Zhu Rongji tive, has negotiated with the Chinese Many individuals who live on and was here in Washington. and touted as proof that China is around the mountain accompanied me The USTR was feverishly working to changing has been completely ignored as we looked at the management and further open our wallets to the world’s by the central planners in Beijing. Yet multiple uses occurring on Steens largest nonmarket country; a nation the American people, including those Mountain. These farmers, ranchers, that is ruled by corrupt tyrants with of us here in Congress, are not even al- guides and others are the ones whose absolutely no respect for the rule of lowed to read the Trade Commission livelihoods would be significantly af- law or the basic human and political report which was paid for by our tax fected by actions of those who are freedoms of its people; a nation that dollars. thousands of miles away, those who buys less of our goods than Belgium, These are not nuclear weapons codes. perhaps have never seen the Steens or one that steals our nuclear secrets, a These are not blueprints for a new gen- set foot on its soil. country that proliferates weapons of eration of microprocessors. These are Let me tell my colleagues like Steve mass destruction, and has the audacity not top secret materials. This is mere- Hammond, who is the latest generation to threaten the people of Taiwan for ly a government report on how a World in his family to ranch and raise his wanting the very same political free- Trade Organization deal for China will family on the Steens or Fred Otley, dom that lets us debate these issues in affect the U.S. economy. who works early mornings and late this chamber. Yet the bureaucrats at USTR are de- nights on his family’s ranch taking liberately withholding information care of the cattle while handling the b 2015 from the American people and from politics of the mountain, all the while I have said it before, and I will say it this Congress. The only thing we have seeking new and improved range man- again. Wei Jingshang, a man who spent been able to read is a tiny summary agement techniques or Dan Nichols, a nearly decades in Chinese prisons for that ominously warns that even under rancher and county commissioner who having the nerve to fight for democ- the best circumstances, meaning for is involved in the tourist industry racy, told me that it is American busi- the first time ever China actually lives through his family’s bed and breakfast ness executives and their political con- up to its promises to reform, if in fact and an excellent one I must say, while nections that serve as the vanguard of that would happen, even then, under still trying to manage the affairs of the the communist revolution of the Chi- the best circumstances, a WTO deal county; Stacey Davies, a young ranch nese in the United States. would barely increase our exports and manager who with his wife Elaine is H7962 CONGRESSIONAL RECORD — HOUSE September 8, 1999 raising their 6 boys on one of the larg- owners and those in the community tance to the Nation, but has worked with infor- est ranches in Oregon and who is incor- who live on and around the mountain. mation professionals and Government officials porating some research and science and Now is not the time for the Federal to improve it, to lower costs, and to enhance active management principles that are Government to shove some designation its accessibility to librarians, researchers, and an important part of the ecology of the down their throats. the public.'' mountain; John and Cindy Witzel, a f Mr. Speaker, let's join in offering our heart- young couple who know the mountain felt congratulations to Virginia Saunders for CONGRATULATIONS TO VIRGINIA as well as part of their packing and her latest achievement, and our sincere F. SAUNDERS guiding business. thanks for her lifetime of service and a job well These are but a few of the many peo- The SPEAKER pro tempore. Under a done. ple with whom I spoke and met as I previous order of the House, the gen- f traveled around Steens Mountain this tleman from Maryland (Mr. HOYER) is weekend. All of them know the moun- recognized for 5 minutes. REVISIONS TO ALLOCATION FOR tain intimately, and each has a unique Mr. HOYER. Mr. Speaker, in the ranks of HOUSE COMMITTEE ON APPRO- story to tell. federal workers are many exceptional people. PRIATIONS The underlying reason for my visit to I want to draw the House's attention to the lat- The SPEAKER pro tempore. Under a the Steens is that the Secretary of the est achievement, and lifetime of service, of previous order of the House, the gen- Interior threatens to unilaterally put one federal employee who lives in my con- tleman from Ohio (Mr. KASICH) is rec- down some designation before he leaves gressional district: Ms. Virginia F. Saunders, of ognized for 5 minutes. office if the Congress does not do so be- Beltsville, Maryland. Mr. KASICH. Mr. Speaker, pursuant to Sec. fore that time. Ms. Saunders, a dedicated Government 314 of the Congressional Budget Act, I hereby Well, after visiting the mountain, I Printing Office employee for over fifty years, submit for printing in the Congressional found myself asking from what or from was recently presented the James Bennett Record revisions to the allocation for the whom are we trying to protect the Childs Award by the American Library Asso- House Committee on Appropriations pursuant Steens? Do we truly need a new des- ciation's Government Documents Round to House Report 106±245 to reflect ignation? What will the effects of a des- Table. This prestigious honor, reserved for $351,000,000 in additional new budget author- ignation be? Will the Steens be better persons making extraordinary contributions in ity and $0 in additional outlays for international off if they are declared a national the field of government documents librarian- arrearages. In addition, revisions to the alloca- monument that will thereby draw ship, was awarded to Ms. Saunders in June at tion for the House Committee on Appropria- thousands if not tens of thousands of the ALA's annual convention in New Orleans. tions should reflect $4,476,000,000 in addi- tourists to this very pristine and re- She received the Childs Award in recognition tional budget authority and $4,118,000,000 in mote area of southeastern Oregon? of her work in the compilation and publication additional outlays for emergency spending. How many more roads and restrooms of the U.S. Congressional Serial Set, which This will increase the allocation to the House and paving and guardrails and every- since 1817 has collected all numbered Senate Committee on Appropriations to thing else would we need for the moun- and House documents into an authoritative, $543,123,000,000 in budget authority and tain to accommodate such an influx of permanent record of the U.S. Congress. $582,465,000,000 in outlays for fiscal year tourists? Mr. Saunders has served with distinction at 2000. I wonder if the visitor to Yosemite the GPO since 1946, when Harry Truman was As reported by the House Committee on National Park would find it a better President. For the last 30 years, she has been Appropriations, H.R. 2670, a bill making ap- experience today than it was prior to the individual primarily responsible for the Se- propriations for the Departments of Com- the influx of probably hundreds of rial Set, a publication of incalculable value to merce, Justice, and State, the Judiciary, and thousands of tourists. library collections, historians, researchers, and related agencies Appropriations Bill for fiscal Steens Mountain is a patchwork of students everywhere. year 2000, includes $351,000,000 in budget private and Federal lands. The manage- In the words of historian Dee Brown, the authority and $0 in outlays for international ar- ment of the mountain depends on coop- U.S. Congressional Serial Set ``contains al- rearages. The bill also includes erative partnerships between those pri- most everything about the American experi- $4,476,000,000 in new budget authority and vate landowners and the Federal land ence . . . our wars, our peacetime works, our $4,118,000,000 in outlays for emergency managers. The success of this partner- explorations and inventions . . . If we lost ev- spending. ship lies in the ability of the private erything in print, except our documents, we These adjustments shall apply while the leg- landowners to work with their Federal would still have a splendid record and a mem- islation is under consideration and shall take neighbors and for their Federal neigh- ory of our past experience.'' As the GPO's effect upon final enactment of the legislation. bors to be good neighbors. 1994 Report of the Serial Set Study Group f There are many excellent manage- pointed out, researchers and librarians agree ment techniques being practiced on the that the Serial Set is ``without peer in rep- LIFTING OF ECONOMIC SANCTIONS mountain today from proscribed burns resentative democracies throughout the west- AGAINST INDIA AND PAKISTAN to stream restoration work and moni- ern world as a documentary compendium.'' SHOULD NOT BE VEHICLE FOR toring. The health of the mountain is Throughout her career, Virginia Saunders LIFTING BAN ON MILITARY in an upward trend with private land has worked tirelessly to improve the Serial TRANSFERS TO PAKISTAN owners playing an active and an impor- Set, and has generously shared her knowl- The SPEAKER pro tempore. Under a tant role in promoting sound steward- edge with document librarians across the previous order of the House, the gen- ship on the mountain. country. In 1998, she delivered an overview of tleman from New Jersey (Mr. PALLONE) Before someone blindly places a Fed- the Serial Set's history at the 7th Annual Fed- is recognized for 5 minutes. eral designation on the Steens Moun- eral Depository Library Conference. In addi- Mr. PALLONE. Mr. Speaker, in the tain for the sake of a designation, we tion, she has served as a penalist at the ALA's next few weeks, the House-Senate con- need to carefully ask does the moun- annual conference. ference on the fiscal year 2000 Defense tain need additional protections. From This latest award is not Saunders' first rec- Appropriations bill will address, among what I saw, I am not convinced it does. ognition for her exemplary service. In 1989, other issues, a provision that would However, if it is determined that her timely, common-sense suggestion that du- suspend for 5 years certain sanctions greater protections are warranted, let plicative House and Senate reports stemming against India and Pakistan. The sanc- us take the time to carefully consider from the Iran-Contra investigation be assigned tions were imposed pursuant to the the needs of both the mountain and serial numbers as required, but not bound, Glenn amendment to the Arms Export those whose livelihoods defend on it for saved the government more than $600,000, Control Act more than a year ago after ranching, for recreation, and for tour- and earned her commendations from the Pub- the two South Asian nations conducted ism. Let us not spoil Steens Mountain. lic Printer and President George Bush. nuclear tests. The successful management of the Her nomination for the Childs Award sum- In the other body, the Senate, the Steens, with or without some form of marized her work with the Serial Set as fol- amendment to limit the sanctions of- national designation, depends upon the lows: ``Ms. Saunders has not only meticulously fered by Senator BROWNBACK of Kansas close cooperation of the private land- maintained a set for records of vital impor- was approved 3 months ago. The House September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7963 version of the Defense Appropriations nous program and India has not been the bill (H.R. 417) to amend the Federal bill does not address the issue leaving involved with sharing this technology Election Campaign Act of 1971 to re- this issue to be resolved in conference. with unstable regimes. And I think form the financing of campaigns for Mr. Speaker, while I generally sup- that is an extremely important distinc- elections for Federal office, and for port the provision to suspend the sanc- tion. other purposes, which was referred to tions against the two South Asian na- Mr. Speaker, I just want to stress the House Calendar and ordered to be tions, there is one other critical provi- that our priorities should be to do what printed. sion in the Senate language that we can. The best way we could do that A TRIBUTE TO AMORY UNDERHILL would, in my opinion, be a grave mis- is to limit the sanctions imposed under The SPEAKER pro tempore (Mr. take. The Senate bill includes language the Glenn amendment, to restore the TERRY). Under a previous order of the to repeal the Pressler amendment, growing economic relationship between House, the gentleman from Florida which bans U.S. military assistance to the United States and India. But we (Mr. SHAW) is recognized for 5 minutes. Pakistan. I will be sending a letter to should lift those sanctions in the case Mr. SHAW. Mr. Speaker, today I rise the conferees this week urging them to of the Glenn amendment without the to pay tribute to my dear friend Amory drop the Pressler amendment repeal ill-advised lifting of the Pressler Underhill who passed away last night and to just stick to suspending the amendment prohibition on military at the age of 89 in DeLand, Florida. Glenn amendment sanctions that were transfers for Pakistan. Amory was highly respected and hon- imposed last year, and I urge my col- The historic free-market economic ored for his lifetime accomplishments leagues to do the same. reforms that India initiated at the be- and service. I believe we must retain the Pressler ginning of this decade have created Amory served as lieutenant com- amendment, which was adopted in the vast opportunity for American partici- mander in the United States Navy. 1980s and was invoked by President pation in India’s economic future. The After his military service, Amory came Bush in response to Pakistan’s nuclear sanctions under the Glenn amendment to Washington, D.C. where he became proliferation activities. And nothing restrict our ability to participate in special attorney at the United States has changed to justify repeal of Press- this emerging market. And that is why Department of Justice. Amory also ler. the Glenn amendment is a good thing served as first assistant in the anti- Earlier this year, we were again re- and there is bipartisan support for lift- trust division and Deputy Attorney minded of why the Pressler amendment ing it for the 5 years, but it has to be General’s office and was appointed as should remain in effect. Pakistan pro- done without the ill-advised lift of the assistant Attorney General by Presi- voked a serious crisis in Kashmir by Pressler amendment and the prohibi- dent Truman. supporting the incursion of militants tion on military transfers for Pakistan Amory was proud to have attended into territory on India’s side of the that are in the Pressler amendment. every presidential inaugural from Line of Control in Kashmir in the f President Roosevelt through President spring. Given that the two countries b Clinton and privileged to have a per- have become nuclear powers, the con- 2030 sonal relationship with each one of flict in Kashmir grabbed the world’s at- REPORT ON RESOLUTION PRO- these presidents. tention. VIDING FOR CONSIDERATION OF Throughout all of Amory’s achieve- Fortunately, India responded in a re- A MOTION TO SUSPEND THE ments, he remained a dedicated Flo- strained and responsible way, using RULES ridian through his service and gen- measured and appropriate force to pro- Mr. DREIER, from the Committee on erosity to his native State. Amory tect its territory without precipitating served as trustee emeritus of my alma a wider war. And our State Depart- Rules, submitted a privileged report (Rept. No. 106–309) on the resolution (H. mater, Stetson University in DeLand, ment, in its public statements, clearly Florida, and Saint Leo College in Saint recognized which of the two countries Res. 281) providing for consideration of a motion to suspend the rules, which Leo, Florida. He served as chairman was fomenting instability, and that is emeritus of the Board of Overseers of Pakistan, and which was behaving re- was referred to the House Calendar and ordered to be printed. Stetson University College of Law in sponsibly, and that was India. St. Petersburg, Florida, and as chair- Besides playing a direct role in arm- f man and president of the Bert Fish ing and training the militants, there WAIVING POINTS OF ORDER Foundation in DeLand, Florida. were strong indications that the Paki- AGAINST CONFERENCE REPORT Amory was actively involved in the stani Army regulars were actually ON H.R. 2587, DISTRICT OF CO- Florida House here in Washington, among the infiltrators. As Pakistan- LUMBIA APPROPRIATIONS ACT, D.C., serving as treasurer and as a supported aggression in Kashmir back- 2000 member of the founding board with the fired militarily, Pakistan tried to sal- late Governor Lawton Chiles and his vage some kind of diplomatic or polit- Mr. DREIER, from the Committee on wife, Rhea. From the time he first ical windfall out of its Kashmir debacle Rules, submitted a privileged report came to Washington, through the rest by trying to drag the U.S. into the role (Rept. No. 106–310) on the resolution (H. of his life, he was a fixture at every of mediator, an offer that our country Res. 282) waiving points of order Florida State society function, acting has wisely refused. against the conference report to ac- as friend and mentor to generations of Mr. Speaker, it is clear that Pakistan company the bill (H.R. 2587) making Floridians in Washington, including is the country that promoted insta- appropriations for the government of the Florida Congressional Delegation. bility in the recent conflict as they the District of Columbia and other ac- Mr. Speaker, I am honored and grate- have so often done in the past. Paki- tivities chargeable in whole or in part ful to have had the opportunity to have stan’s involvement in supporting the against revenues of said district for the known Amory Underhill. Amory was a militants who continually infiltrate In- fiscal year ending September 30, 2000, highly respected man in Florida. While dia’s territory is an example of how and for other purposes, which was re- I am saddened by his passage, his ex- Pakistan promotes regional instability ferred to the House Calendar and or- tensive contributions to Florida, this and commits or supports aggression dered to be printed. Nation, and the fond memories that I against its neighbors. India, on the f have will live on forever. other hand, is not involved in these kinds of hostile, destabilizing activi- REPORT ON RESOLUTION PRO- f ties against its neighbors. VIDING FOR CONSIDERATION OF Pakistan, Mr. Speaker, has also been H.R. 417, BIPARTISAN CAMPAIGN THE WACO TRAGEDY, WILL THE repeatedly implicated, along with FINANCE REFORM ACT OF 1999 TRUTH EVER BE KNOWN? China, Iran, and North Korea, in the Mr. DREIER, from the Committee on The SPEAKER pro tempore. Under a proliferation of nuclear weapons and Rules, submitted a privileged report previous order of the House, the gen- missile technology. India’s nuclear pro- (Rept. No. 106–311) on the resolution (H. tleman from Tennessee (Mr. DUNCAN) is gram, on the other hand, is an indige- Res. 283) providing for consideration of recognized for 5 minutes. H7964 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Mr. DUNCAN. Mr. Speaker, I rise to- partment funding since 1980 and that dented economic prosperity, the ques- night to briefly discuss the Waco trag- prosecutors and federal law enforce- tion is: Why is it that we are cutting edy that has been so much in the news ment people were falling all over them- the supply of affordable housing in- over the past few days. selves trying to find cases to prosecute. stead of increasing the supply of afford- Before coming to Congress, I spent The article said they were resorting able housing? 71⁄2 years as a criminal court judge try- to going after honest business people The cuts proposed by the Republicans ing felony criminal cases. I tried the who had unintentionally violated laws will be devastating to our Nation’s attempted murder of James Earl Ray, they did not even know were in exist- most vulnerable citizens. The majority several death penalties cases, and ence, shades of the IRS. proposes to cut $1.6 billion below last many high profile cases of all types. I Several months ago, Newsweek Mag- year’s levels. The VA-HUD bill does not believe in the death penalty as it is azine had a cover story which said on include any of President Clinton’s re- now used, meaning on our most hor- its cover, ‘‘The IRS, Lawless, Abusive, quests for new housing and economic rible cases, and I believe in very long Out of Control.’’ development assistance, such as 100,000 sentences for violent, hardened crimi- Well, the same thing could be said new Section 8 vouchers, APIC, which is nals. I am very strongly anticrime; but today of the Justice Department under America’s Private Investment Compa- I must say tonight that I think this Attorney General Reno and our federal nies, and other initiatives. Waco tragedy was one of the most trag- law enforcement agencies. Today, our In the City of Chicago, these cuts ic episodes in our Nation’s history and law enforcement dollar is out of whack. would deprive 2,530 people of jobs; 1,915 one of the most despicable things the The highest paid law enforcement peo- people of affordable housing; and deny Federal Government has ever done. ple are federal bureaucrats who sit here assistance to 397 homeless families and Eighty-six people, including 24 chil- in Washington and never see a real persons with AIDS. It is estimated that dren, were put to death simply for at- criminal unless they are mugged on the the City of Chicago will lose $33,975,000 tempting to be left alone, so they could way to their cars after work. as a result of the VA-HUD cuts. practice what I and most other people The lowest paid law officers are the My constituents are asking, what is felt were kooky religious beliefs. But local police and sheriffs deputies, the going on here in Washington? Well, I in a free country, people are supposed people who are fighting the real crime, will tell what is going on here. to have the right to have kooky, weird the street crime, the violent crime that The proponents of this huge tax cut or unusual beliefs as long as they are people want fought. are looking for ways to pay for their not hurting anyone else. The tragedy at Waco, the deaths of plan for their wealthiest supporters. The Waco victims were killed appar- the children, the lies about it since it Unfortunately, they chose to do this on ently because federal law enforcement happened, are all the outgrowth of a the backs of the poor, our most vulner- officials were bound and determined to Federal Government that has grown able citizens. I urge my Republican col- conduct a raid that would make the na- too big for its own good, and certainly leagues to fully fund VA-HUD. We tional news. This was not about law en- too powerful and too arrogant for the must expand, not cut, the programs forcement; this was about publicity. good of the people for whom these Gov- that meet vital housing and economic Now, after 6 years, we discover, as ernment officials are supposed to be development needs of our most vulner- many people suspected all along, that working. able citizens. the FBI has been lying about this sor- While I am discussing this, I should f did affair. We heard a few days ago that also mention the cold-blooded killing TAX RELIEF, IT IS GOOD FOR THE contrary to previous Justice Depart- by the FBI of 13-year-old Sammy Wea- AMERICAN PEOPLE ment statements, incendiary devices ver and his mother at Ruby Ridge, were placed by the Government into Idaho. The SPEAKER pro tempore (Mr. the Branch Davidians’ home. This small boy was cowardly shot in HAYWORTH). Under a previous order of Today, we are told even more incen- the back and his mother was shot as the House, the gentleman from Georgia diary devices were put in there, some- she held her small baby in the doorway (Mr. KINGSTON) is recognized for 5 min- thing called military star flares, highly of her house. utes. flammable. The federal law enforce- And no one is ever held accountable Mr. KINGSTON. Mr. Speaker, I want- ment people bombarded this home for for all of these deaths and all of these ed to address tonight the Republican many weeks, hour after hour, minute lies, because today we do not have a budget and the tax relief package after minute, with extremely loud Government of, by and for the people which Americans certainly deserve and noises, extremely bright lights but instead have one that is of, by and is long overdue to them and particu- throughout the night. Then they for the bureaucrats, the unelected elite larly in respect to the rhetorical ter- moved in the tanks. of this Nation. rorism that we seem to hear from the Hundreds of officers, thousands and The only thing these people really White House. thousands of highly paid man-hours, care about is their money. What we I guess it is the fall. Everybody is hundred of millions of taxpayer dollars should do, but will not, is to dras- back on the football field. The kids are wasted in a massive overkill of people tically cut the money for these agen- back in school and the White House hot who were of no threat to anyone. cies and give it instead to local law en- air machine is in full force spreading Then the Government attempted to forcement agencies or back to the the lies which they seem to be so good do a false public relations campaign hard-working citizens we took it from about. Now here we have a budget about child abuse, of which there was in the first place. which is a three-point budget, Mr. no proof, and illegal weapons, also not It certainly, Mr. Speaker, will not Speaker; and basically what it does, as proved. satisfy anyone to have a whitewash in- a triangle, the apex of the triangle does What makes all of this even worse is vestigation by establishment types one thing, protects Social Security and that the kooky leader, David Koresh, handpicked by the Justice Department Medicare, setting aside $1.9 trillion for was frequently out of the Davidians’ and approved by our very biased na- Social Security and Medicare protec- home alone and could have easily been tional media. tion. Unlike the President’s proposal arrested on many occasions if the ATF f that he made in January of this year, and others were not primarily inter- standing right in front of where the ested in publicity in the first place. VA-HUD INDEPENDENT AGENCIES Speaker is, saying let us put aside 62 Eighty-six people killed, 24 children APPROPRIATIONS FOR FY 2000 percent of the Social Security surplus, dead, in what many people now say was The SPEAKER pro tempore. Under a the Republican plan puts aside 100 per- a raid done in an attempt to justify in- previous order of the House, the gen- cent. creased appropriations. tleman from Illinois (Mr. RUSH) is rec- Now, even if someone is a liberal over Five or 6 years ago, Forbes Magazine ognized for 5 minutes. at the White House, they know that 100 had a lengthy cover story about the Mr. RUSH. Mr. Speaker, the VA-HUD percent is more than 62 percent, and Justice Department. The story said bill that we are considering today is this is good for your grandmother and that we had quadrupled the Justice De- unacceptable. At a time of unprece- my grandmother. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7965 So we have the first point, Social Se- Medicare, and debt relief. This is the and the care they need and my genera- curity and Medicare is protected, $1.9 budget for him to sign. I wish that he tion, the Vietnam vets. There is not trillion under the Republican plan. would sign it because do my colleagues enough money in that budget. But that The second corner of the triangle is know what, Mr. Speaker? We do not money will not be appropriated. to pay down the debt, $2.2 trillion to really have to be here. If the President They are actually cutting housing. Is pay down the debt. This budget allows would go ahead and say: You know America well housed? Does the average us to look one’s grandmother in the what, this is a common sense budget; young family who wants to have an op- eye and say we are taking care of them and I agree with my Democrat comrade portunity to get into what is record- and also look our children in the eye and friend, Senator Bob KERREY, the priced housing in the western United and say we are taking care of their fu- liberal senator who said this is reason- States, in my district and elsewhere? ture. able, and I am going to support it. And Are they getting a little bit of help Now we had a $5 trillion debt. I would if he could, we would go home, and we from the government that they could love to see us pay all of that off but, would not be passing a whole bunch of use to get into that first house? Are Mr. Speaker, unfortunately the votes other new laws and regulations that other families over housed or well are not there. The political will is not are crippling American industry, housed in the middle third or so of the there. I would love to see the money go American education, and school sys- incomes in this country? Those pro- to debt reduction, but the math in tems and hurting middle-class Ameri- grams are being cut. terms of getting 200 votes in the House, cans. Medicare is being cut. The home 51 in the Senate and the signature of And that would be the greatest part. health program is a disgrace; the cuts the White House is just not there. So We could all go home, and I do not that were put into place 2 years ago, we do have some debt reduction. think there is anybody outside of which I voted against, but a majority Now, after we have paid that portion Washington, D.C., who would regret here and, sadly, a large number of of the debt down in installments, it Congress adjourning early. Democrats voted for and the President triggers tax relief, not only afterwards. So, Mr. Speaker, with that let me signed is still going to be dramatically So we have the $2.2 trillion in debt re- just say I urge the President to get off underfunded, and home health care lief. Then we get $792 billion in tax re- the rhetoric, I urge the President to benefits will not be extended to mil- lief. The way I look at that, Mr. Speak- get into reality, and I urge him to sign lions of seniors who need them in order er, if someone goes to Wal-Mart and this bill. But if he does not, at least sit to give a tax cut to the wealthiest 1 they buy a $7 hammer, and they give down in good faith, and let us try to percent of the American people who the cashier $10 they expect their work out something because the Amer- have already gotten a very generous change. They do not expect the cashier ican taxpayers deserve it. tax cut over the last 20 years. to load their cart up with more goods f Mr. Speaker, the result of all this is and services. that we are seeing an unprecedented Yet that is what the liberals over at CHUMP CHANGE concentration of wealth in that 1 per- the White House want to do. They say The SPEAKER pro tempore (Mr. cent. More than 40 percent of the the American people do not deserve TERRY). Under a previous order of the wealth in this country, levels not seen their change back for their hard-earned House, the gentleman from Oregon (Mr. since the great depression are owned by pay, and I think that they do. DEFAZIO) is recognized for 5 minutes. 1 percent of the people, and the re- This change, this tax relief, is in the Mr. DEFAZIO. Mr. Speaker, the gen- sponse of the gentleman from Georgia form of capital gains tax relief, 20 to 18 tleman who preceded me in the well is: Hello? They should get their taxes percent; if someone is in the lower in- said it very well. He said he talked cut more so they can accumulate an come bracket, 10 to 7 percent. Income about American people getting change even bigger portion of the pie while tax relief across the board, 2.9 percent back, and that, in fact, is what the Re- middle-income families have both par- for upper income, 7 percent for lower publican tax bill would provide for the ents working and still cannot afford to income. Death tax relief so that if a vast majority of Americans. He then send their kids to college without the person dies they can pass their small went on to say: kid incurring a huge mountain of debt, business or family farm on to their Hello? Should not the wealthy people while seniors are not able to pay for children so that they too can carry on get back more? They pay more. their prescription drugs and cannot get the family enterprise; and then mar- But guess what? They have already the home health care they need, while riage tax relief. gotten their tax cuts. our veterans go unserved. All those It is ridiculous, Mr. Speaker, that we A study that was just published yes- things will be reduced so that those live in a society that says, if people get terday and is coming to the attention people, hello, that top 1 percent who married they are going to pay more in of the Congress and the American peo- are suffering horribly, and, you know, taxes than if they are just living to- ple shows that because of the tax cuts they are paying only 20 percent less gether, and yet we out of the other side back in the 1970s and the 1980s the taxes than they paid 20 years ago in of our mouth are talking about what a wealthiest 1 percent of the American this country who are accumulating un- great institution marriage is. These people have already realized an average precedented amounts of wealth so they are common sense, across-the-board, tax cut of $40,000 a year from their 1977 can see yet another tax cut. middle-class tax reductions, one thing tax rate, $40,000 a year. That is more This is change, chump change for av- the Democrats have trouble under- than two-thirds of the American people erage American workers. For the vast standing. earn for an entire year let alone pay in majority of people in this country the They say, yes, but the rich are going taxes, and he is saying: Of course those Republican tax bill delivers, as the to get money out of the tax relief. people should get more tax relief. gentleman said, change, chump change, b 2045 Why should they get more tax relief? 116 bucks a year for two-thirds of the Well, as my colleagues know. Hello? Their average tax bill is already great- American workers on average, many of Who pays taxes? If you pay taxes, you ly reduced from the tax bill that was them getting nothing, but $116 on aver- are going to get tax relief; I am sorry, assessed against those same incomes in age per year for people earning less there is no way around it. But that this country 20 years ago. than $34,000 a year. But yet, if you earn seems to be the concept wasted over But in order to provide that tax re- over $350,000 a year, you will get a there at the White House. lief, guess what? Programs that most $31,800 tax cut, more than most of So, Mr. Speaker, this is a budget that American families value whether it is those other families earn altogether. takes care of Social Security and Medi- the Veterans Administration which we Do those people, are they suffering? care first, debt relief second, and after are debating today on the floor of the Are they struggling to make ends meet that and only after that, tax relief for House, today and again tomorrow, on $350,000 a year? Do they really need the hard-working middle-class Ameri- which, yes, they have made it whole in that tax cut? Do we have to reduce cans. It is a good budget. terms of last year’s budget, but guess those programs in order to deliver that The President says he wants a budget what? There is not enough money there tax cut? Do we need such an unfair tax that takes care of Social Security, to cover the aging World War II vets cut? If you want to have a tax cut that H7966 CONGRESSIONAL RECORD — HOUSE September 8, 1999 is fair, let us reduce the burden of the teachers in the classroom and parents The SPEAKER pro tempore. Under a FICA tax, the Social Security tax. You at home can deal far better with the previous order of the House, the gentle- could do that. You could actually do educational challenges of their young- woman from Texas (Ms. JACKSON-LEE) that and still safeguard Social Secu- sters than any Washington, D.C. bu- is recognized for 5 minutes. rity. That would provide tax relief to 96 reaucrats. (Ms. JACKSON-LEE addressed the percent of wage-earning Americans in a And finally what my good friend House. Her remarks will appear here- bill I have proposed. from Georgia mentioned, tax relief and after in the Extensions of Remarks.) But guess what? It does not help out tax fairness for all Americans. My f those people in the top 1 percent, those friend from Oregon had one glaring The SPEAKER pro tempore. Under a earning over $350,000 a year who are omission in his diatribe against letting previous order of the House, the gen- paying almost 80 percent of the level of the American people hold onto more of tleman from Maryland (Mr. CUMMINGS) taxes that they paid 20 years ago. They their hard-earned money. He failed to is recognized for 5 minutes. need more tax relief. That is the bot- cite the fact that the top 5 percent in- (Mr. CUMMINGS addressed the tom line in the Republican bill. It is come earners in this country pay well House. His remarks will appear here- delivering to the people who fund their over 60 percent of the taxes taken in by after in the Extensions of Remarks.) campaigns, it is delivering to the peo- the Federal Government. f ple who run the corporations that fund But be that as it may, tax relief for their campaigns, and it is delivering, as everyone is encapsulated and included The SPEAKER pro tempore. Under a the gentleman said, chump change to in death penalty relief, easing the pen- previous order of the House, the gen- average Americans. alty of the death tax on the American tleman from Oregon (Mr. BLUMENAUER) Mr. Speaker, we need to reject the people, reducing the marriage tax pen- is recognized for 5 minutes. Republican tax bill, I am certain the alty, reducing capital gains taxes so (Mr. BLUMENAUER addressed the President will veto it, and let us get that you are not punished for suc- House. His remarks will appear here- back to reality here in Washington, get ceeding or investing wisely and offer- after in the Extensions of Remarks.) back to our work, fund the veterans ing to small business 100 percent de- f programs, fund the housing programs, ductibility for health care insurance The SPEAKER pro tempore. Under a set up fair priorities and give tax relief instantly if the President will sign the previous order of the House, the gentle- to average families who could use a tax bill even as we lock away over $2 tril- woman from California (Ms. LEE) is break because they are not even keep- lion to save Social Security and Medi- recognized for 5 minutes. ing up with inflation. care and pay down the national debt. (Ms. LEE addressed the House. Her f These are the opportunities that con- remarks will appear hereafter in the CURIOUS, COARSE, CALLOUS PO- front us, and, Mr. Speaker, I would be Extensions of Remarks.) LITICAL CALCULATIONS AT THE remiss if I did not mention one other f OTHER END OF PENNSYLVANIA topic that has come to the fore in town AVENUE hall meetings and has been part of our PATIENT PROTECTION The SPEAKER pro tempore. Under a electronic town hall in talk radio and LEGISLATION previous order of the House, the gen- in discussions on television, and that is The SPEAKER pro tempore. Under the unbelievable actions of our Chief tleman from Arizona (Mr. HAYWORTH) the Speaker’s announced policy of Jan- is recognized for 5 minutes. Executive to grant clemency to Puerto uary 6, 1999, the gentleman from Iowa Mr. HAYWORTH. Mr. Speaker, I Rican terrorists. I am sure, Mr. Speak- (Mr. GANSKE) is recognized for 60 min- think the preceding two speeches offer er, that Osama Bin Ladin and others utes as the designee of the majority a classic contrast where we come as a who embrace terrorism are watching leader. free people to debate ideas because my with great interest. Mr. GANSKE. Mr. Speaker, I wel- friend from Oregon who precedes me is The power to pardon, to grant clem- come back all my colleagues from caught up in the politics of envy. Mr. ency is given to our Chief Executive by across the country, both sides of the Speaker, I would suggest that as Amer- the Constitution. How curious that our aisle. icans, Republicans and Democrats, lib- President, having issued clemency only Congress has a lot of work to do in erals and conservatives, we would do three times, would grant it in blanket the last couple months of this year. well to set aside the politics of envy fashion to over a dozen Puerto Rican Part of that work that many of us and embrace the policies of oppor- terrorists who waged a campaign of would like to see completed, at least in tunity. terror for well over a decade if they the House, and get to conference would Mr. Speaker, as all of my colleagues would only promise to renounce vio- be to pass a bill here in the House on had the opportunity on recess to spend lence. patient protection legislation. time with their families, I also spent a Mr. Speaker, when will it end; the Now it is now September, Mr. Speak- good bit of time with my constituents pilfering of 900 FBI files of political op- er, and the Speaker of the House, the in the Sixth Congressional District of ponents, the curious and tragic actions gentleman from Illinois (Mr. HASTERT) Arizona, a district in square mileage at Waco, putting the Lincoln bedroom had told us that in June that we would almost the size of the Commonwealth up for sale to the highest bidder in see a patient protection bill on the of Pennsylvania, and in 13 town halls terms of political donations, and, Mr. floor before the August recess. In fact, held across the width and breadth of Speaker, on the subject of campaign fi- he personally told me that it is his, the Sixth District I found that con- nancing, donations from front compa- quote, intent to have managed care re- stituents were consistently rejecting nies for Communist China? form legislation on the floor in July the politics of envy for the policies of Mr. Speaker, it is shocking, and as before our August recess. opportunity as enunciated by our com- the people of the Sixth District of Ari- Unfortunately, Mr. Speaker, it did mon-sense majority in the Congress as zona told me last week, Alice may have not happen, so we went off to our Au- we pledged during this 106th Congress, said curiouser and curiouser when she gust recesses, talked to our constitu- number one, to save and secure Social stepped through the looking glass, but, ents, and the managed care industry Security and Medicare not only for to- Mr. Speaker, as we look to the other continued their $100 million adver- day’s seniors, but for tomorrow’s, as we end of Pennsylvania Avenue for curi- tising campaign against this legisla- also move to save and strengthen and ous, coarse, callous political calcula- tion. rebuild our national defenses and our tion and decisions that actually are Now there are only 435 Members of national security, as we work to im- not in the best interests of the Amer- this House, Mr. Speaker. If you divide prove education by empowering leaders ican people and their children, all we that into a hundred million, that is an at the local level, locally elected can say, Mr. Speaker, is: Shame. If awful lot of money that a special inter- school boards; but, more importantly, only those who bear the responsibility est group is using to try to defeat a teachers in the classroom and parents were capable of feeling the shame they common-sense piece of legislation. But in the home because we know that ought at this hour in this moment. the August recess gave them their September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7967 chance to go on TV, go on the radio, ican Nursing Association represents 2.6 denial of benefits involves medical initiate phone calls into offices, and do million registered nurses throughout judgment or concerns medical neces- my colleagues know what? I welcome its 53 constituent organizations. This is sity. But we have a situation, Mr. that. what it had to say about the bipartisan Speaker, where, because of past federal law, people who receive their insurance b 2100 managed care reform bill: ‘‘The American Nurses Association is through their employers do not have Because it identified a number of pleased to endorse this bill and encour- that protection. If you purchase your people in my office, for instance, who aged by the cooperation and com- insurance as an individual, you are are interested in healthcare, and when promises made to achieve real reform, under State insurance commissioner we had a chance to explain to them the real progress on managed care reform,’’ protection. But if you receive your in- bill, the bipartisan bill, H.R. 2723, the said ANA President Beverly Malone. surance through your employer, Con- Bipartisan Consensus Patient Protec- ‘‘It is heartening to see Congress gress 25 years ago passed a bill that ba- tion Bill of 1999, overwhelmingly the working together to solve problems. sically say said that health plan can people who were stimulated to phone in This is how Congress should be work- give a definition of whatever they want to my office by the opponents to this ing. Given the nursing profession’s pre- to medical necessity. legislation said, You know what? That eminent role in patient advocacy, the Now, let me explain what that does not sound like it is such a bad American Nursing Association is par- means. Before coming to Congress I piece of legislation. In fact, we have a ticularly heartened by the steps pro- was a reconstructive surgeon. I took neighbor or a family member who has posed to protect registered nurses and care of children with cleft lips and pal- had problems with their HMO, and we other healthcare professionals from re- ates, a hole in the lip and a hole in the think you ought to do something about taliation from HMOs when they, the roof of the mouth. The prevailing it. nurses, advocate for their patients’ standard of care for treatment of that Well, as I said, the managed care in- health and safety. As the Nation’s fore- is surgical correction so that the child dustry initiated this big advertising most patient advocates, nurses need to can learn to speak, so that food does blitz over the August recess. What did be able to speak up about inappropriate not come out of his nose. they accomplish? I think the polling or inadequate care that would harm There are health plans, HMOs, that will show that two-thirds of the Amer- their patients. Nurses at the bedside define medical necessity as the cheap- ican people continue to want to see know exactly what happens when care est, least expensive care, quote-un- managed care patient protection legis- is denied, comes too late or is so inad- quote. So what would that mean to a lation passed. Overwhelmingly, people equate that it leads to inexcusable suf- child with a cleft palate? It would think doctors ought to be able to tell fering, which is why we need to main- mean that that health plan could say, their patients all of their treatment tain strong whistleblower protection Hey, we are not going to give you sur- options. language in this bill. Nurses want to gery to fix that defect that you are Overwhelmingly, the American pub- see strong comprehensive patient pro- born with; we are just going to give lic think that they ought to be able to tection legislation enacted this year.’’ you a piece of plastic to shove up into go to an emergency room if they are Mr. Speaker, shortly before the Au- that hole. Will that little boy or girl be truly having an emergency. If they are, gust recess this House overwhelmingly able to speak correctly? No. But it does for instance, having crushing chest voted to protect federal employees who not matter, because under federal law pain and they have seen that the Amer- blow the whistle on contractors or oth- the health plan can determine medical ican Heart Association says that could ers who are breaking the law. There is necessity. We need to change that. That change be a heart attack, you better get right a well-known case that has been re- is in the bill that the AMA is endors- to that emergency room, they think we ported in the press about a Department ought to pass legislation that would ing. of Defense employee who blew the The AMA talks about accountability say if you have that common whistle and was punished by her supe- of health plans. If they are making layperson’s definition of an emergency, riors for it, and this House, Repub- medical decisions, they ought to be re- your HMO should have to pay the bill, licans and Democrats, overwhelmingly sponsible for those: point of service, even if afterwards it turns out you did voted to support the whistleblower pro- emergency services, prohibiting gag not have something quite as serious as tections that my own Senator from clauses that will keep physicians from a heart attack, because if you delay Iowa, Senator GRASSLEY, has been a being able to tell a patient all of their getting to the emergency room, you strong proponent of. treatment options. may end up dead before you get to the I would ask my colleagues, look, if Let us say that I have just examined emergency room. we think a strong whistleblower pro- a patient, a woman, with a lump in her Well, over the last month, since the tection is good enough for federal em- breast, and she belongs to an HMO, and gentleman from Georgia (Mr. NOR- ployees, do we not also think it is im- that HMO has a gag clause that says WOOD), the gentleman from Michigan portant that nurses who are on the before you tell a patient her treatment (Mr. DINGELL), myself and others intro- front lines, who see the effects of HMOs options, you have to first get an okay duced the bipartisan Consensus Patient decisions, that they are able to speak from us. Protection Act of 1999, we have had a their minds freely without fear that So I listen to this patient’s story, I number of organizations from across they could lose their jobs? Well, that is examine her, and then I have to say, the country sign on endorsements for the American Nursing Association en- Excuse me, go out to the phone, get an this piece of legislation. In fact, Mr. dorsement. HMO on the line and say, This patient Speaker, I would like to introduce a Here I have the endorsement by the has three treatment options, one of list of 156 endorsing organizations for American Medical Association: ‘‘The which may be more expensive than the H.R. 2723, the Bipartisan Consensus 300,000 physician student members of other. Is it all right to tell her about Managed Care Improvement Act of the American Medical Association them? That is absurd. It is ridiculous. 1999. strongly urge the House of Representa- But do you know what? Those types of Let me just read through some of tives to pass meaningful patient pro- practices have happened. Those types these letters of endorsement. I think tection legislation.’’ The AMA endorses of contracts exist, or at least have ex- they make good points. Now, I am not H.R. 2723, the Bipartisan Consensus isted until we started to shine the light reading these in any particular order. I Managed Care Improvement Act of of the disaffected upon those practices. am not going to have time in this 1- 1999, introduced by the gentleman from We need to make sure that I can tell hour special order to read every letter Georgia (Mr. NORWOOD) and the gen- that patient her treatment options, of endorsement, but I think that many tleman from Michigan (Mr. DINGELL). whether her plan covers it or not. She of them deserve being shared with my Then the AMA goes through why deserves to know all of her treatment colleagues. they think this is a good bill. It has a options. The first one I have is the American strong external appeal section. All pa- Those are important reasons why, for Nursing Association endorses the bi- tients should be guaranteed access to instance, the American Medical Asso- partisan managed care bill. The Amer- an external appeals process whenever a ciation has given its endorsement to H7968 CONGRESSIONAL RECORD — HOUSE September 8, 1999 the bipartisan Consensus Managed Care is independent, offer all enrollees in Furthermore, in our bill we have a Improvement Act. managed care plans a point of service provision that says, you know, if an How about the American Osteopathic that enables them to obtain care from employer simply contracts with an Association? The American Osteo- physicians outside the network and HMO, the HMO makes the decision, the pathic Association represents the Na- hold all health plans accountable.’’ employer has had nothing to do with tion’s 43,000 osteopathic physicians. Mr. Speaker, I have a letter of en- the decision, then the employer cannot Eugene Oliveri, Dr. Oliveri says, ‘‘As dorsement from the American Acad- be held liable, either. The responsi- president, I am pleased to let you know emy of Pediatrics: ‘‘On behalf of the bility lies with the entity that makes a that the AOA endorses the Bipartisan 55,000 general pediatrician-pediatric decision that could result in a neg- Consensus Managed Care Improvement medical specialists and pediatric sur- ligent harm to a patient. Act of 1999. Why? Because physicians gical specialists, I am writing to ex- What kind of problems are we talking are allowed to determine medical ne- press our strong support of H.R. 2723. about? Let me give one example. A few cessity. Health plans are accountable We are especially pleased that your years ago a young mother was taking for their actions, a fair and inde- legislation recognizes the unique needs care of her infant son, 6-month-old in- pendent appeals process is available of children and addresses them appro- fant son, in the middle of the night. and the protections apply to all Ameri- priately. Children are not little adults. The family lived south of Atlanta, cans. Employers and patients,’’ this Their care should be provided by physi- Georgia. letter says, ‘‘are tired of not receiving cians who are appropriately educated Little Jimmy Adams had a tempera- the care they are promised, they pay in unique physical and developmental ture of 105 degrees. Mom looked at this for and they deserve, and H.R. 2723 will issues surrounding the care of infants. baby and knew that baby Jimmy was help bring quality back into health You clearly recognize this, and have in- pretty sick, so she gets on the phone. care.’’ cluded access to appropriate pediatric She does what she is supposed to. She Here I have another letter of endorse- specialists, and we are endorsing your is in an HMO. She phones a 1–800 num- ment. This is from the American Den- bill.’’ ber. She gets some voice from thou- tal Association: f sands of miles away and explains the ‘‘On behalf of the 144,000 members of situation. b the American Dental Association, we 2115 The reviewer, the HMO bureaucrat, wish to endorse H.R. 2723, the Bipar- I have here an endorsement from the says, all right, I will let you take Jim. tisan Consensus Managed Care Im- American College of Surgeons: ‘‘We are I will authorize an emergency room provement Act of 1999. This is the first pleased to note that H.R. 2723 requires visit for little Jimmy, but only at this truly bipartisan comprehensive patient health plans to allow patients to have hospital. If you go to any other hos- protection bill in the 106th Congress.’’ timely access to specialty care and to pitals, then you are going to pay the This was a letter to Congressman NOR- go outside the network for specialty bill. WOOD. care at no additional costs if an appro- It so happens that the hospital that ‘‘By joining forces with Representa- priate specialist is not available in the was authorized was 70-some miles tive Dingell, you have breathed new plan.’’ away. It is 3:30 in the morning. Mom life into the movement to establish a This is important. A lot of health and dad wrap up little Jimmy. They few basic rules to protect all privately plans have incomplete physician pan- get into the car. They start to drive insured Americans from unfair and un- els. If the patient ends up with a com- this long distance to the emergency reasonable delays and denials of care.’’ plicated procedure, they need assur- room, even though Jimmy is looking The letter goes on: ‘‘We recognize ances their plan will cover them. really sick. But his mom and dad are that powerful groups that oppose man- This letter of endorsement from the not health professionals. On their way aged care reform will continue spend- American College of Surgeons goes on: to Hospital X they pass three other ing millions of dollars in their relent- ‘‘If health plans continue to make med- hospital emergency rooms, but they less efforts to scare the public and ical determinations, then they should are not authorized to stop there. They badger lawmakers who attempt to im- be held liable to at least the same de- know that they would get stuck with prove the health care system. However, gree as the treating physician. We are the bill. we will do all we can to make sure that pleased to note that H.R. 2723 would They do not know exactly how sick our members know of your courageous allow patients to hold health plans lia- Jimmy is, so they drive on. Before they efforts on behalf of them and our pa- ble when the plans’ decisions cause per- get to the designated hospital, little tients. Patient protection is a genuine sonal injury or death. Additionally, the Jimmy has a cardiac arrest and stops grassroots issue that cuts across geo- College agrees that it is reasonable to breathing. Imagine, dad driving fran- graphic, economic and political bound- prohibit enrollees from suing their tically, mom trying to keep baby aries, and we believe that only bipar- health plan for punitive damages if the Jimmy alive. They swing finally into tisan action will achieve the goal that health plan abides by the decision of the emergency room. Mom jumps out you want.’’ the independent external review enti- with baby in her arms, saying, help me, Here I have a news release from the ty.’’ help me. A nurse comes out and starts American Academy of Family Physi- Let me expand on this, Mr. Speaker. mouth-to-mouth resuscitation. They cians: ‘‘Today the 88,000 member Amer- What we are saying in this bill is that put in the IVs. They give the medi- ican Academy of Family Physicians if there is a dispute on an item of cov- cines. Somehow or other they get little announces its support for H.R. 2723.’’ erage, let us say a patient’s physician Jimmy back and he lives. But because I have here a letter of endorsement recommends a type of treatment, the of the medical decision that that HMO from the American College of Physi- HMO says no, then the patient would made, saying no, you cannot go to the cians, the American Society of Internal be able to appeal that decision in his nearest emergency room, Jimmy is Medicine: ‘‘The American College of plan. If the plan still says no, then the really sick, you have to go 70 miles Physicians, ASIM, is the largest med- patient could take that appeal to an away, and he has this arrest because of ical specialty society in the country, external independent peer panel of phy- that decision, well, little Jimmy is representing 115,000 physicians who sicians and say, I really think that alive, but because of that arrest he specialize in internal medicine and common standards of practice show ends up with gangrene in both hands medical students. The American Col- that I should get this treatment. and both feet, and both hands and both lege of Physicians believes that any ef- Under our bill, that independent feet have to be implemented. fective patient protection legislation panel could make that determination. So I phoned Jimmy’s mother re- must apply to all Americans, not just If they say, yes, we agree with you, and cently to find out how he is doing. He those in employer plans, require that the health plan follows that rec- is learning how to put on his leg pros- physicians rather than health plans ommendation, then the health plan is theses. He has to have a lot of help to make determinations regarding med- free of any punitive damages liability. get on his bilateral hooks. He will ical necessity, provide enrollees with a That is a fair, commonsense com- never play basketball. I would tell the timely access to a review process that promise on this issue. Speaker of the House that he will never September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7969 wrestle. When he grows up and gets Family Therapy: ‘‘On behalf of the solely by health care providers. This is married, he will never be able to caress 46,000 marriage and family therapists particularly important in that women the cheek of the woman that he loves throughout the United States, we want should have direct access to women with his hand. to applaud Congressman Norwood and specialists.’’ Do Members know what that HMO is Representative Dingell for their effort We have the National Patient Advo- liable for under Federal law? Nothing, to provide Americans with comprehen- cate Foundation endorsing this bill. nothing, other than the cost of the am- sive patient protections. Provisions of They go on and say in this endorse- putations. Is that fair? Is that justice? significance to our organization in- ment, ‘‘Please note our strong endorse- I will tell the Members what, these vic- clude an independent review process for ment of the bipartisan consensus Man- tims of managed care, that the man- determination of medical necessity, aged Care Improvement Act of 1997, our aged care companies just call anec- the ability of people with special endorsement for each of the cosponsors dotes, if you prick their finger, if they health care needs and chronic condi- of this legislation, and for each mem- have a finger, they bleed. They are our tions to continue to access their doc- ber of our United States House of Rep- neighbors, or they may be our own tors, such as a person who had a rheu- resentatives who has contributed to families. I could tell hundreds of sto- matoid arthritis being able to continue this debate and to this resulting legis- ries like this. to see their rheumatoid arthritis doc- lation in the last 3 years.’’ That is why these organizations say a tor.’’ They say, ‘‘As one whose companion primary part of this legislation should We have an endorsement from the organization, the Patient Advocate involve responsibility for an HMO that American Counseling Association: Foundation, served over 6,000 patients makes medical decisions. ‘‘H.R. 2723 provides a wide array of con- last year who confronted insurance de- Here I have a letter of endorsement sumer protections, including key com- nials, of which more than 50 percent in- from the American College of Obstetri- ponents for mental health providers volved employer plans, our cases re- cians and Gynecologists: ‘‘The Amer- and their clients.’’ flect an urgent need for a timely reso- ican College of Obstetricians and Gyne- I have an endorsement from the lution and remedy for ERISA enroll- cologists is pleased to offer its support American Academy of Ophthalmology. ees.’’ for the bipartisan consensus Managed I am so proud of the provider groups Then we have an endorsement from Care Reform Act of 1999. This legisla- who have given endorsements for this the Patient Access Coalition. This in- tion would guarantee direct access to bill, because this bill is a patient pro- cludes a lot of groups. I cannot name OB-GYN care for women enrolled under tection bill. It is not a provider bill. all 128 of the groups under this um- managed care,’’ pretty important. There are issues that separate some of brella organization, but I want to just Here is a letter of endorsement from these groups. Not all of these groups go through some of them, because this the American Psychological Associa- see eye to eye on health care policy. organization encompasses a lot of pa- tion. ‘‘The American Psychological As- Here is an example. We have an en- tient advocacy groups, groups that sociation expresses our strong support dorsement by the American Academy work for patients, for instance, that for H.R. 27. Broad bipartisan support of Ophthalmology and an endorsement have multiple sclerosis or arthritis. for this legislation represents a major by the Opticians Association. Some- Some of these organizations are the breakthrough on behalf of patients’ times these groups have policy dis- Digestive Disease National Coalition, rights. An analysis of the bill shows agreements, but on this issue they are the Epilepsy Foundation. Remember, that the insurance and managed care in 100 percent agreement that patients these organizations which I am reading industry could generate income of $280 need protection, basic protection, com- are endorsing organizations for H.R. million for every 1 percent of claims monsense protection, from HMO 2723. that are delayed over 1 year.’’ abuses. There is the Guillain-Barre Founda- That is the provision that is in the The opticians say, ‘‘This bill gives tion, the Huntington’s Disease Society other body. Our provision in this bill basic, commonsense protections to mil- of America, the Infectious Disease So- makes for timely appeals. We appre- lions of Americans, and it is certainly ciety of America, the Lupus Founda- ciate the endorsement of the American refreshing to see the bipartisan way it tion, the National Committee to Pre- Psychological Association. was approached.’’ serve Social Security and Medicare, The American Occupational Therapy I have a letter of endorsement from the National Hemophilia Foundation, Association endorses this bill. ‘‘Over the American Podiatric Medical Asso- the National Multiple Sclerosis Soci- the August recess we have notified our ciation, foot doctors, foot specialists. I ety, the National Psoriasis Founda- members, asking them to talk to their have the same endorsement from the tion, the Paget Foundation for Paget’s legislators. Please let us know if we orthopedic surgeons. Disease, the Pain Care Coalition, the can assist you in your efforts to have I have an endorsement here from the Patient Advocates for Skin Disease Re- comprehensive managed care legisla- Association for Oral and Maxillofacial search, Scoliosis Research Society, the tion addressed on the House floor.’’ Surgeons. We have an endorsement Society for Excellence in Eye Care, The American Public Health Associa- from the National Organization of Doc- United Ostomy Association. The Amer- tion, which represents more than 50,000 tors Who Care. They say, ‘‘We strongly ican Heart Association is an endorsing public health professionals, endorses support H.R. 2723 because it ensures organization. The American Liver As- the bipartisan bill because the bill fairness and accountability in our sociation is, the American Lung Asso- would ‘‘improve access to emergency health care delivery system lacking in ciation. These are all organizations services, allow more people to enter the bill that passed the Senate,’’ and that have endorsed the bipartisan Man- clinical trials,’’ something the HMO in- other legislation that has gone before, aged Care Reform Act. dustry has run away from, ‘‘provide pa- and they are referring to a bill that Continuing, there is the Amputee Co- tients with a fair appeals process for passed this House of Representatives in alition of America, the Arthritis Foun- denied claims, lift barriers to special- the last Congress. dation, the Asthma and Allergy Foun- ists, and hold plans responsible.’’ They go on and say in their letter, dation, the Cooley’s Anemia Founda- ‘‘We understand,’’ this letter says, and I think this is important, ‘‘We are tion, the Crohn’s and Colitis Founda- ‘‘that some within the managed care not against managed care. It does have tion, the American Diabetes Associa- industry oppose any government regu- a place. However, we are strongly tion. lation. But this issue is a very impor- against managed care plans not towing b tant one for consumers, health care the line; i.e., not wanting to be held ac- 2130 providers, and the public health com- countable for their medical decisions These are just a few of the 128 organi- munity. H.R. 2723 is a significant and which adversely affect patient care.’’ zations in this one umbrella organiza- welcome step towards achieving new I have here an endorsement from tion that has endorsed the Bipartisan patient protections for managed care Physicians for Reproduced Choice in Consensus Managed Care Reform Bill. patients.’’ Health Care. This organization is espe- Why are these patient advocacy Here I have an endorsement by the cially pleased that H.R. 2723 would en- groups endorsing this bill? One of the American Association for Marriage and sure that medical judgments are based main things that they are interested H7970 CONGRESSIONAL RECORD — HOUSE September 8, 1999 in, the American Cancer Society, the Now think about that for a minute. how important it is to protect health American Heart Association, the One is a mom and dad, and one’s little care workers who speak out against pa- American Lung Association, the Amer- boy is drowned. He is now in the hos- tient care deficiencies. Employers ican Liver Association is because there pital. He has been there a few hours. should be prohibited from firing or re- is a provision in this bill that says, if People are fighting to save his life, and taliating against such workers if we a patient is getting standard treat- an HMO bureaucrat is saying, well, his are going to encourage health profes- ment, and it is not working, the pa- prognosis is not good just send him sionals to report patient care prob- tient is out of luck, that that patient home. Our bill would prevent that type lems.’’ should be able to qualify for an experi- of abuse. I mean, do my colleagues want their mental study; that the HMO would not Here we have another letter of en- nurse or their health care professional incur the cost of the special treatment dorsement from the Paralysis Society gagged? This bill will help prevent in that study, but that the HMO should of America. They represent 20,000 peo- that. be liable for standard care. ple with spinal cord injury and disease. Here I have a letter of endorsement I am going to give my colleagues a This letter says, ‘‘Particular attention from the American Federation of personal example. Over the August re- is given to those portions of the legis- State, County and Municipal Employ- cess, my father was in the hospital for lation covering freedom of choice, spe- ees, AFSCME. ‘‘On behalf of the 1.3 3 weeks with congestive heart failure. cialists, and clinical trials.’’ Very im- million members’’ we thank you for He had to receive intravenous medica- portant issue for them. your leadership on the Bipartisan Con- tion in order to keep his heart pumping Here I have a letter of endorsement sensus Managed Care Improvement strong enough so that his kidneys from the American Cancer Society, and Act. They are endorsing this bill. would work. He could not get out of it is a good letter. I would like to read I have a letter here of endorsement the hospital. Well, an HMO could have all of it for my colleagues, but I do not from the Center from Patient Advo- said, ‘‘Well, his time is up. We are not have the time. ‘‘On behalf of the Amer- cacy. ‘‘Since our founding in 1995, the going to authorize any payments for ican Cancer Society and its 2 million Center for Patient Advocacy has been a any treatment related to a clinical volunteers, 2 million volunteers, I com- leading supporter of strong enforceable trial.’’ mend you for sponsoring H.R. 2723, the managed care reform legislation. Every Fortunately, my dad is not in an Bipartisan Consensus Managed Care day we work with patients across the HMO like most Americans are, so he Improvement Act of 1999. More than 140 country who have experienced prob- was able to qualify for an experimental million insured Americans are in some lems with managed care. We know study in which a special type of cardiac kind of managed care. This includes firsthand the barriers to care that pa- pace maker was inserted into both many of the approximately 1.23 million tients face, including limits on access sides of his heart which, when it was people diagnosed with cancer each to and coverage for specialty care, turned on, gave his heart enough boost year. In addition, the National Cancer emergency room care, arbitrary med- so that, within about 24 hours, he made Institute estimates that 8 million ical decisions based on cost rather than a remarkable recovery; and he is now Americans today have a history of can- a patient’s specific medical need and out of the hospital, and he is walking cer. Your legislation adequately ad- the lack of a timely independent and in the malls. dresses our concerns in a way that will fair appeals process. Most alarming, A lot of HMOs would say, ‘‘Well, that help individuals affected or potentially however, is that managed care plans, is experimental treatment. We are not affected by cancer be assured access to not patients and their doctors, con- going to even cover the cost of the hos- the care that they need.’’ That is their tinue to make medical decisions with- pital room.’’ But our bill says that, if a endorsement. patient has no other options, then the Here I have an endorsement from the out being held accountable for their de- HMO has to pick up routine costs, not National Association of Mental Illness. cisions that harm patients.’’ the costs of the device or the medicine, ‘‘On behalf of the 208,000 members and I have here a letter of endorsement but the ancillary things like the cost of 1,200 affiliates for the National Alli- from the Friends Committee on Na- the hospitalization or the cost of the ance of the Mentally Ill, I am writing tional Legislation. This is a Quaker blood work. That is fair and reason- to express our support for your legisla- lobby in the public interest. This letter able. But HMOs, they look at the bot- tion, the Bipartisan Consensus Man- from Florence Kimball says, ‘‘I am tom line. aged Care Improvement Act.’’ ‘‘This writing on behalf of the Friends Com- I had a pediatrician once who worked protection,’’ this letter says, ‘‘is criti- mittee on National Legislation to ex- just outside of Washington come into cally important for people with serious press our strong support for the Bipar- my office. She is now working in the brain disorders such as schizophrenia tisan Consensus Managed Care Im- National Institutes of Health. She had and manic-depressive illness who de- provement Act of 1999. managed a pediatric intensive care pend on newer medications as their ‘‘The Friends Committee on National unit. best hope for recovery.’’ Legislation supports a health care sys- I said, ‘‘Why did you decide to go Here I have a letter of endorsement tem whose primary goal is improving back into academic medicine?’’ She from the American Federation of health in the population. In recent said, ‘‘I just could not put up with the Teachers. This is from Charlotte Fraas, years, managed care has taken over as HMO bureaucracies anymore. Let me Director of Federal Legislation. ‘‘I am a dominant health care delivery sys- give you an example. A few years ago, writing on behalf of over 1 million tem. Managed care organizations are we had a little boy come into our in- members of the American Federation under strong pressure to keep costs tensive care unit. He had drowned. He of Teachers to urge you to support H.R. down. They operate on a for-profit was still alive, but he was a victim of 2723, the Bipartisan Consensus Man- basis. We are sensitive to the economic drowning. We had him on the venti- aged Care Empowerment Act of 1999. issues in health care, but we believe lator. We had the IVs running. We were The AFT is proud to represent over that reform and regulation are nec- giving him special medication. And the 53,000 health care professionals who essary in order to ensure that managed doctors and the parents and the family know such protections for patient ad- care organizations hold the interests of were standing around the bed praying vocacy are essential for quality health patients as their prime focus.’’ I would for signs of life. He had only been in care.’’ add to that not, necessarily the bottom the hospital like 4 hours, and the phone I have a letter of endorsement from line. rings in the ICU, and it is some bureau- the Service Employees International I have here a letter of endorsement crat in an HMO saying, ‘Well, how is Union. ‘‘On behalf of the 1.3 million from the United Church of Christ. This this little boy doing?’ ‘Well, he is on members of Service Employees Inter- is a letter to the gentleman from Geor- the ventilator. Chances, you know, are national Union, I am writing in sup- gia (Mr. NORWOOD). ‘‘I am writing to he is not going to do too good.’ Well, port of the Bipartisan Consensus Man- thank you for your leadership in spon- the answer came over the telephone, ‘If aged Care Improvement Act of 1999, soring the Bipartisan Consensus Man- he is on the ventilator and his prog- H.R. 2723. aged Care Improvement Act of 1999. nosis is poor, why do you not just send ‘‘As a union representing over 600,000 ‘‘The United Church of Christ, Office him home on a ventilator?’ ’’ frontline health care workers, we know for Church in Society, endorses the bill September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7971 as written.’’ This is important, and I place at the Federal level. This has en- as we and our family members stay appreciate Dr. Pat Conover’s letter abled a few bad actors to do some truly healthy. But what happens if we be- here from the United Church of Christ. horrible things to their patients like come sick? We may have an experience He says that, ‘‘In the event that the the decision that cost little Jimmy like Helen Hunt did in the movie ‘‘As bill is weakened, or if ‘poison pill’ Adams his hands and his feet, for in- Good As It Gets’’, where she describes amendments are added, such as Med- stance. to a physician the abysmal care an ical Savings Accounts, it is likely that So I think that, actually, contrary to HMO has given to her son with asthma. we would then oppose the bill.’’ what the HMO lobby says about this I cannot repeat on the floor the words This speaks to the fact that we need legislation, I see this legislation as im- she used, but those who have seen the to pass a clean patient protection bill, proving patients’ choices. People will movie can remember that line very not something that has untried ideas feel more comfortable with a managed well because it got a standing ovation such as Healthmarts or association care company knowing that there are from most of the audience. health plan extensions of Federal law some guidelines that apply to it and I have here a letter from the Na- that would enable more people to es- that that managed care company can- tional Black Women’s Health Project: cape quality oversight by their State not just arbitrarily deny them the kind ‘‘We are strong supporters of your leg- insurance commissioners. of care that they deserve. islation. It offers significant protec- I think that we could add, for in- I have here a letter of endorsement tions for all Americans. Of great im- stance, a provision to this bill that from the National Association of port is the improvement of patient ac- would improve the tax status for pur- School Psychologists. ‘‘The National cess to medical treatment and thera- chasing one’s insurance. I think we Association of School Psychologists is pies, including clinical trials, and this could get bipartisan support for that. an organization that represents 21,500 is highly significant for women of But if we start adding a lot of extra- psychologists. If H.R. 2327 is passed, color.’’ neous items, then I think we weaken this provision will have an important I have here an endorsement of our the bill. positive impact on health care pro- bill from the American Association of I have here a letter of endorsement vided to adults with severe mental University Women. They say in this from Network. This is a National health illness, children with serious letter: ‘‘H.R. 2723 is particularly impor- Catholic Social Justice lobby. It is a emotional disturbances, and other peo- tant to women because it ensures that letter to the gentleman from Georgia ple with significant mental disorders women have direct access to OB–GYN (Mr. NORWOOD). ‘‘A National Catholic who are increasingly being served in services. It ensures that pregnant Social Justice Lobby supports the Bi- managed care settings.’’ women can continue to see the same partisan Consensus Managed Care Im- Here is a letter of endorsement from health care provider throughout their provement Act of 1999 (H.R. 2723). Hav- the organization Alliance for Children pregnancy if their provider leaves the ing participated in the lobbying for pa- and Families. The Alliance and Inter- plan. It ensures access to specialists tient protections over the past 2 years, national Nonprofit Association rep- when appropriate, specialists outside a Network applauds your efforts and resenting child and family serving or- network’s plan. It ensures access to those of Representative Dingell’’ and ganizations supports this important clinical trials for new treatment op- myself ‘‘and the cadre of Republican legislation. Alliance members serve tions that may save women’s lives.’’ physicians in facing down the serious more than 5 million individual each I have here a letter of endorsement opposition from the House GOP leader- year in more than 2,000 communities. from the National Breast Cancer Coali- ship. You have stood firm against this We support your bill because it in- tion: ‘‘On behalf of the National Breast and other daunting forces mobilized cludes needed patient protections, Cancer Coalition and the 2.6 million against you. We commend you for your strong reforms in managed care, and women living with breast cancer, I am efforts.’’ due process protections. writing to thank you for your leader- Network affirms the Catholic social ship in offering H.R. 2723, the Bipar- b 2145 teaching and the UN Declaration of tisan Consensus Managed Care Im- Human Rights that health care is a I have here a letter of endorsement provement Act of 1999.’’ This was sent basic right. We support H.R. 2723, and from an organization called Patients to the gentleman from Georgia (Mr. we wish you luck. Who Care. This letter says: ‘‘We sup- NORWOOD) and the gentleman from I have here a letter of endorsement port the Bipartisan Consensus Managed Michigan (Mr. DINGELL). ‘‘The National from the National Partnership for Care Improvement Act of 1999. We Breast Cancer Coalition is a grass roots Women and Families. This is from the strongly feel it ensures fairness and ac- advocacy organization made up of more letter: ‘‘For women and families, few countability. These qualities have been than 500 member organizations and issues resonate as profoundly and per- lacking in what the House and Senate 60,000 individual members dedicated to vasively as the need for quality health have passed in previous legislation.’’ the eradication of breast cancer care. Survey after survey shows Ameri- I have here a letter of endorsement through advocacy and action. One of cans’ growing dissatisfaction with the from Families USA, the Voice for our top concerns has been access to current health care system. Many feel Health Care Consumers: ‘‘Dear Con- clinical trials, and your bill has that in the system is in crisis. We need com- gressman Norwood: Congratulations on it.’’ mon-sense patient protections to re- the introduction of the Bipartisan Con- I have here a letter of endorsement store consumer confidence and tip the sensus Managed Care Improvement from the American Lung Association: balance back in favor of patients and Act. We are well aware of the efforts ‘‘Health consumers deserve quality the health care providers they rely you and others have made to make this health insurance. Far too often we hear on.’’ bill a reality. As you know, the Amer- of cases where health insurers have ob- That is an endorsement by the Na- ican public is losing faith in our health structed or denied insured patients the tional Partnership, and I want to build care delivery system. Managed care care they need. Your legislation will on that statement. None of us who are companies that began with a promise help end many of the abuses.’’ sponsoring this organization want to of providing high quality care at an af- Well, Mr. Speaker, I have gone see the demise of HMOs. Some HMOs fordable price are not always deliv- through just some of the letters of en- are providing good care for their fami- ering on that promise. Unfortunately, dorsement that I have received and lies. I think people ought to have a this has resulted in consumers being others have received in endorsing H.R. choice. It may be that an HMO is a worried that they will not get the care 2723, the bipartisan patient protection good choice for that family. But be- they need even though they are cov- legislation. But the hour is getting cause of this past Federal law that was ered with health insurance.’’ late. We have another speaker who has past 25 years ago, really for pensions And I would add to this letter that come to do a special order, so I will but then expanded into health plans, everyone here, either through deduc- just close with this comment to my we have a situation where the regu- tions in their salary or just out-of- colleagues on both sides of the aisle. latory oversight was taken away from pocket, is paying a lot of money to It is now September. The Speaker of the States, and nothing was put in its those HMOs. Now, that is fine as long the House, the gentleman from Illinois H7972 CONGRESSIONAL RECORD — HOUSE September 8, 1999

(Mr. HASTERT), indicated back in July 34. American College of Osteopathic Sur- 95. Congress of Neurological Surgeons that we would see a full and fair debate geons 96. Cooley’s Anemia Foundation on this floor in July. It did not happen. 35. American College of Physicians-Amer- 97. Crohn’s and Colitis Foundation of America We have had our August recess. The ican Society of Internal Medicine 36. American College of Radiation Oncol- 98. Diagenetics Speaker has said now that he expects ogy 99. Digestive Disease National Coalition we will see a full managed care debate 37. American College of Radiology 100. Endocrine Society on this floor in September. Those are 38. American College of Rheumatology 101. Epilepsy Foundation of America 39. American College of Surgeons 102. Eye Bank Association of America the words of the Speaker of the House. 103. Families USA 40. American Counseling Association I think we should hold the Speaker to 104. Federated Ambulatory Surgery Asso- 41. American Dental Association his promise. ciation This is an important issue. There are 42. American Diabetes Association 105. Friends Committee on National Legis- 43. American EEG Society lots of patients out there at this very lation 44. American Federation of Teachers 106. Gullain-Barre Syndrome Foundation moment that may not be getting the 45. American Federation State, County, type of treatment that they need to 107. Huntington’s Disease Society of Amer- and Municipal Employees ica save their lives because we have not 46. American Gastroentrological Associa- 108. Infectious Disease Society of America passed this legislation. Mr. Speaker, I tion 109. Lupus Foundation of America, Inc. call on my colleagues on both sides of 47. American Heart Association 110. National Alliance for the Mentally Ill the aisle to support a bipartisan bill 48. American Liver Foundation 111. National Association for the Advance- 49. American Lung Association that can be signed into law; that can ment of Orthotics and Prosthetics 50. American Medical Association 112. National Association of Medical Direc- go a long ways towards correcting the 51. American Medical Rehabilitation Pro- tors of Respiratory Care abuses we hear about from our con- viders Association 113. National Association of School Psy- stituents. 52. American Nurses Association chologists Mr. Speaker, I include for the 53. American Occupational Therapy Asso- 114. National Black Women’s Health RECORD the letters and other docu- ciation Project ments I referred to earlier. 54. American Orthopaedic Society for 115. National Breast Cancer Coalition Sports Medicine 116. National Catholic Social Justice GROUPS ENDORSING H.R. 2723, THE BIPAR- 55. American Osteopathic Academy of Or- Lobby TISAN CONSENSUS MANAGED CARE IMPROVE- thopedics 117. National Committee to Preserve So- MENT ACT OF 1999 56. American Osteopathic Association cial Security and Medicare 1. Alexandria Graham Bell Association 57. American Osteopathic Surgeons 118. National Foundation for Ectodermal for The Deaf, Inc. 58. American Pain Society Dysplasias 2. Allergy and Asthma Network-Mothers 59. American Physical Therapy Association 119. National Hemophilia Foundation of Asthmatics, Inc. 60. American Podiatric Medical Associa- 120. National Multiple Sclerosis Society 3. Alliance for Children & Families tion 121. National Organization of Physicians 4. American Academy of Allergy and Im- 61. American Psychiatric Association Who Care munology 62. American Psychological Association 122. National Partnership for Women & 5. American Academy of Child & Adoles- 63. American Public Health Association Families cent Psychiatry 64. American Society for Dermatologic 123. National Patient Advocate Foundation 124. National Psoriasis Foundation 6. American Academy of Facial Plastic Surgery and Reconstructive Surgery 125. National Rehabilitation Hospital 65. American Society for Gastrointestinal 126. North American Society of Pacing and 7. American Academy of Family Physi- Endoscopy Electrophysiology cians 66. American Society for Surgery of the 127. Opticians Association of America 8. American Academy of Neurology Hand 128. Oregon Dermatology Society 9. American Academy of Ophthalmology 67. American Society for Therapeutic Radi- 129. Orthopaedic Trauma Association 10. American Academy of Otolaryngology- ology and Oncology 130. Outpatient Ophthalmic Surgery Soci- Head and Neck Surgery 68. American Society of Anesthesiology ety 11. American Academy of Pain Medicine 69. American Society of Cataract and Re- 131. Paget Foundation for Paget’s Disease 12. American Academy of Pediatrics fractive Surgery of Bone and Related Disorders 13. American Academy of Physical Medi- 70. American Society of Dermatology 132. Pain Care Coalition cine & Rehabilitation 71. American Society of Dermato- 133. Paralysis Society of America 14. American Association for Hand Surgery phathology 134. Patient Access Coalition (represents 15. American Association for Holistic 72. American Society of Echocardiography 129 of the groups on this list) Health 73. American Society of Foot and Ankle 135. Patient Advocates for Skin Disease 16. American Association for Marriage and Surgery Research Family Therapy 74. American Society of General Surgeons 136. Patients Who Care 17. American Association for the Study of 75. American Society of Hand Therapists 137. Pediatric Orthopaedic Society of North Headache 76. American Society of Hemotology America 18. American Association of Clinical 77. American Society of Nephrology 138. Pediatrix Medical Group: Neonatology Endocrinologists 78. American Society of Nuclear Cardi- and Pediatric Intensive Care Specialist 19. American Association of Clinical Urolo- ology 139. Physicians for Reproductive Choice gists 79. American Society of Pediatric Nephrol- and Health 20. American Association of Hip and Knee ogy 140. Physicians Who Care Surgeons 80. American Society of Plastic and Recon- 141. Pituitary Tumor Network 21. American Association of Neurological structive Surgeons, Inc. 142. Renal Physicians Association 143. Scoliosis Research Society Surgeons 81. American Society of Transplant Sur- 144. Service Employees International 22. American Association of Oral and Max- geons illofacial Surgeons Union 82. American Society of Transplantation 145. Sjogren’s Syndrome Foundation Inc. 23. American Association of Orthopaedic 83. American Thoracic Society 146. Society for Cardiac Angiography and Foot and Ankle Surgeons 84. American Urological Association Interventions 24. American Association of Orthopaedic 85. Amputee Coalition of America 147. Society for Excellence in Eyecare Surgeons 86. Arthritis Foundation 148. Society for Vascular Surgery 25. American Association of Private Prac- 87. Arthroscopy Association of North 149. Society of Cardiovascular & Inter- tice Psychiatrists America ventional Radiology 26. American Association of University 88. Association of American Cancer Insti- 150. Society of Critical Care Medicine Women tutes 151. Society of Gynecologic Oncologists 27. American Cancer Society 89. Association of Freestanding Radiation 152. Society of Nuclear Medicine 28. American College of Allergy and Immu- Oncology Centers 153. Society of Thoracic Surgeons nology 90. Association of Subspecialty Professors 154. TMJ Associations, Ltd. 29. American College of Cardiology 91. Asthma & Allergy Foundation of Amer- 155. United Church of Christ 30. American College of Foot and Ankle ica 156. United Ostomy Association Surgeons 92. California Access to Specialty Care Co- 31. American College of Gastroenterology alition MEMBERSHIP LIST OF THE PATIENT ACCESS 32. American College of Nuclear Physicians 93. California Congress of Dermatological COALITION 33. American College of Obstetricians and Societies Allergy and Asthma Network—Mothers of Gynecologists 94. Center for Patient Advocacy Asthmatics, Inc. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7973 The Alexandria Graham Bell Association American Society of Nephrology troduction of a bipartisan consensus bill that for the Deaf, Inc. American Society of Pediatric Nephrology would reform managed care. The bill, H.R. American Academy of Allergy and Immu- American Society of Plastic and Recon- 2723, ‘‘The Bipartisan Consensus Patient Pro- nology structive Surgeons, Inc. tection Bill of 1999,’’ was introduced on Au- American Academy of Child & Adolescent American Society of Transplantation gust 8, 1999, by Rep. Charlie Norwood (R–GA). Psychiatry American Society of Transplant Surgeons Rep. John Dingell (D–MI) is the lead co-spon- American Thoracic Society American Academy of Dermatology sor. American Urological Association American Academy of Facial Plastic and ‘‘The American Nurses Association is Amputee Coalition of America pleased to endorse this bill and encouraged Reconstructive Surgery Arthritis Foundation American Academy of Neurology Arthroscopy Association of North America by the cooperation and compromises made to American Academy of Ophthalmology Association of American Cancer Institutes achieve real progress on managed care re- American Academy of Orthopaedic Sur- Association of Freestanding Radiation On- form,’’ said ANA President Beverly L. Ma- geons cology Centers lone, PhD, RN, FAAN. ‘‘It is heartening to American Academy of Otolaryngology— Association of Subspecialty Professors see Congress working together to solve prob- Head and Neck Surgery Asthma & Allergy Foundation of America lems—this is how Congress should be work- American Academy of Pain Medicine California Access to Specialty Care Coali- ing.’’ American Academy of Physical Medicine & tion ANA has been a strong supporter of man- aged care reform legislation and believes Rehabilitation California Congress of Dermatological So- every individual should have access to health American Association for Hand Surgery cieties care services along the full continuum of American Association for Holistic Health College of American Pathologists care and be an empowered partner in making American Association for the Study of Congress of Neurological Surgeons Cooley’s Anemia Foundation health care decisions. Given the nursing pro- Headache Crohn’s and Colitis Foundation of America fession’s preeminent role in patient advo- American Association of Clinical Cystic Fibrosis Foundation cacy, ANA is particularly heartened by the Endocrinologists Diagenetics steps proposed to protect registered nurses American Association of Clinical Urolo- Digestive Disease National Coalition (RNs) and other health care professionals gists The Endocrine Society from retaliation when they advocate for American Association of Hip and Knee Sur- Epilepsy Foundation of America their patients’ health and safety. geons Eye Bank Association of America ‘‘As the nation’s foremost patient advo- American Association of Neurological Sur- Federated Ambulatory Surgery Associa- cates, RNs need to be able to speak up about geons tion inappropriate or inadequate care that would Gullain-Barre Syndrome Foundation American Association of Oral and harm their patients,’’ said Malone. ‘‘Nurses Huntington’s Disease Society of America Maxilofacial Surgeons at the bedside know exactly what happens American Association of Orthopaedic Foot Infectious Disease Society of America Joint Council of Allergy, Asthma and Im- when care is denied, comes too late or is so and Ankle Surgeons munology inadequate that it leads to inexcusable suf- American Association of Private Practice Lupus Foundation of America, Inc. fering, which is why we need to maintain Psychiatrists National Association for the Advancement strong whistleblower protection language in American College of Allergy and Immu- of Orthotics and Prosthetics this bill. Nurses want to see strong, com- nology National Association of Epilepsy Centers prehensive patient protection legislation en- American College of Cardiology National Association of Medical Directors acted this year.’’ American College of Foot and Ankle Sur- of Respiratory Care geons National Committee to Preserve Social Se- AMERICAN MEDICAL ASSOCIATION, American College of Gastroenterology curity and Medicare Chicago, IL, August 30, 1999. American College of Nuclear Physicians National Foundation for Ectodermal Hon. CHARLIE NORWOOD, American College of Osteopathic Surgeons Dysplasias House of Representatives, American College of Radiation Oncology National Hemophilia Foundation Washington, DC. American College of Radiology National Multiple Sclerosis Society DEAR CONGRESSMAN NORWOOD: The 300,000 American College of Rheumatology National Organization of Physicians Who physician and student members of the Amer- American Dental Association Care ican Medical Association (AMA) strongly American Diabetes Association National Osteoporosis Foundation urge the House of Representatives to begin American EEG Society National Psoriasis Foundation debate on and pass meaningful patient pro- American Gastroentrological Association National Rehabilitation Hospital tection legislation. American Heart Association National Right to Life Committee The AMA has endorsed H.R. 2723, the ‘‘Bi- North American Society of Pacing and American Liver Foundation partisan Consensus Managed Care Improve- Electrophysiology ment Act of 1999,’’ introduced by Representa- American Lung Association Oregon Dermatology Society tives Charles Norwood and John Dingell, American Medical Rehabilitation Pro- Orthopaedic Trauma Association viders Association Outpatient Ophthalmic Surgery Society which would guarantee meaningful protec- American Orthopaedic Society for Sports The Paget Foundation for Paget’s Disease tions to all patients and enjoys broad bipar- Medicine of Bone and Related Disorders tisan support. The AMA also continues to American Osteopathic Academy of Ortho- Pain Care Coalition work with Representatives Tom Coburn and pedics Patient Advocates for Skin Disease Re- John Shadegg, who are in the process of American Osteopathic Surgeons search drafting patient protection legislation. American Pain Society Pediatric Orthopaedic Society of North Whichever bill becomes the vehicle for re- American Physical Therapy Association America form, it must include the following key pro- American Podiatric Medical Association Pediatrix Medical Group: Neonatology and visions, embodied in H.R. 2723, that ensure American Psychiatric Association Pediatric Intensive Care Specialist genuine patient protections. American Psychological Association Pituitary Tumor Network External Appeals American Sleep Disorders Association Renal Physicians Association All patients must be guaranteed access to Scoliosis Research Society American Society for Dermatologic Sur- an external appeals process whenever a de- gery Sjogren’s Syndrome Foundation Inc. The Society for Cardiac Angiography and nial of benefits involves medical judgment or The American Society of Interventions concerns medical necessity. All patients de- Dermatophathology Society for Excellence in Eyecare serve access to an independent external re- American Society for Gastrointestinal En- Society for Vascular Surgery view entity if they have been improperly de- doscopy Society of Cardiovascular & Interventional nied a covered medical benefit. External re- American Society for Surgery of the Hand Radiology viewers must also be independent from the American Society for Therapeutic Radi- Society of Critical Care Medicine health plan or issuer. For the external ap- ology and Oncology Society of Gynecologic Oncologists peals system to work in a fair and unbiased American Society of Anesthesiology Society of Nuclear Medicine manner, external reviewers must not have a American Society of Cataract and Refrac- Society of Surgical Oncology conflict of interest with the plan or issuer. tive Surgery Society of Thoracic Surgeons In addition, treatment decisions or rec- American Society of Clinical Pathologists The TMJ Associations, Ltd. ommendations made by physicians must be American Society of Colon Rectal Surgery United Ostomy Association reviewed only by actively practicing physi- American Society of Dermatology cians (MDs/DOs) of the same or similar spe- ANA ENDORSES BIPARTISAN MANAGED CARE American Society of Echocardiography cialty. External reviewers must be properly BILL American Society of Foot and Ankle Sur- qualified to ensure a meaningful external re- gery ANA ENCOURAGES CONGRESS TO CONTINUE view process. American Society of General Surgeons WORKING TOGETHER & PASS BIPARTISAN BILL External reviews must be conducted on a American Society of Hand Therapists WASHINGTON, DC.—The American Nurses timely basis, not to exceed specified time pe- American Society of Hemotology Association (ANA) today applauded the in- riods, with shorter periods applicable under H7974 CONGRESSIONAL RECORD — HOUSE September 8, 1999 exigent circumstances. Plans and issuers AMERICAN ACADEMY OF urgency. It is clear that the only way to cannot be permitted to intentionally delay FAMILY PHYSICIANS, achieve passage of strong patient protection an appeals process—or ‘‘slow-walk’’ enrollees Kansas City, MO, Sept. 7, 1999. legislation this year is with the bipartisan who are seeking benefits to which they are HEALTH CARE STEPS TAKEN support of Congress, and we are pleased that entitled. The external reviewers’ decisions you are working toward that end. PATIENT CARE REMAINS PRIORITY must also be binding on the plans and The Patient Access Coalition has been issuers. Unless external review entities’ deci- WASHINGTON, D.C.—The 88,000-member working tirelessly for the past six years, in sions are binding, any right to an external American Academy of Family Physicians a bipartisan manner, to guarantee basic fed- review would be worthless for the patient. (AAFP) today announced its support for two eral protections for all patients who are en- major managed care reform bills that are Medical Necessity rolled in managed health care plans. We be- likely to be considered by the U.S. House of lieve there is now a very strong consensus in Truly independent external reviewers must Representatives this fall: H.R. 2723, The Bi- the country and in Congress to do so, and our decide ‘‘medical necessity’’ according to gen- partisan Consensus Managed Care Improve- commitment to reach that goal remains erally accepted standards of medical prac- ment Act of 1999, introduced by Representa- stronger than ever. tice. External appeal entities, when making tives Charles Norwood (R–GA) and John D. We look forward to working with you and ‘‘medical necessity’’ determinations, should Dingell (D–MI); and for Health Care Quality other members of Congress to ensure that not be bound by arbitrary health plan defini- and Choice Act of 1999, to be introduced by meaningful patient protection legislation is tions. In addition, ‘‘medical necessity’’ de- Representatives Tom Coburn (R–OK) and enacted into law this year. terminations and other decisions involving John Shadegg (R–AZ) when Congress recon- Sincerely, medical judgment must be made by physi- venes in September. NANCEY MCCANN, cians (MDs/DOs) who are independent from ‘‘Both bills go a long way to address the Co-Chair. the plans and issuers. patient protections that are needed in to- CAMILLE S. SOROSIAK, Accountability day’s health care system,’’ said Lanny R. Co-Chair. All patients, even those covered by ERISA Copeland, M.D., president of the AAFP. ‘‘We plans, should have the right to seek legal re- are very appreciative of the work of the au- NETWORK, A NATIONAL CATHOLIC course against managed care plans when the thors of these two bills and of their willing- SOCIAL JUSTICE LOBBY, plan’s negligent medical decisions result in ness to listen to our concerns.’’ Washington, DC. death or injury. Health plans must be held Both bills contain provisions that will Hon. CHARLES NORWOOD, accountable for their decisions. Employers allow patients to get the best healthcare and House of Representatives, Washington, DC. who do not make medical treatment deci- physicians to provide it: DEAR REPRESENTATIVE NORWOOD: NET- sions should not be held liable. All plans: Patient protections apply to all WORK, A National Catholic Social Justice Point Of Service health plans, not just ERISA plans. Lobby supports the Bipartisan Consensus Gag clauses: Both bills would prohibit con- All patients must have the opportunity to Managed Care Improvement Act of 1999 (HR tract provisions between physicians and 2723). Having participated in the lobbying for choose, at their own expense, an option that health plans that restrict or prevent medical allows them to seek care from outside the patient protections over the past two years, communication between physicians and NETWORK applauds your efforts and those network of health care professionals chosen their patients. by their employers. If an employer selects a of Reps. Dingell (D–MI), Ganske (R–IA), and Patient advocacy: Both bills contain some the cadre of Republican physicians in facing small, closed-panel HMO for its employees, protections for physicians who advocate on the employees should be able to obtain med- down the serious opposition from the House behalf of a patient within a health plan or GOP Leadership. You have stood firm ical treatment from a physician outside the before an external review panel. panel and bear any additional costs. against this and the other daunting forces External review: Both bills would establish mobilized against you. We also commend Emergency Services external review mechanisms independent of those who bolstered your efforts. A ‘‘prudent layperson standard’’ must be health plans. NETWORK will lobby in support of HR the basis for determining when emergency Medical necessity: Such external review 2723, hoping that the bill will be strength- medical services are appropriate and require processes would not be bound by the health ened in the process. Our membership nation- coverage by a plan. Establishing this as a plans’ definition of medical necessity. ally has already been alerted. But we wish to standard is not only fair, but essential for Liability: Both bills permit patients to sue stress, Representative Norwood, that NET- protecting patients. For instance, a patient in state court. WORK believes that the long journey toward who is suffering severe chest pain and hon- Women’s health care: The Coburn/Shadegg HR 2723, and hopefully its passge, further un- estly believes he or she is having a heart at- legislation would include family physicians derscores the need for a national dialogue on tack should be able to go to the nearest among those designated as qualified women’s health care. emergency room and be covered for treat- health providers. H.R. 2723 would not pre- The prolonged debate which began with the ment received. clude patients from going to family physi- President’s Commission on Patients’ Protec- Prohibition On Gag Clauses cians for their women’s health needs. tions, the subsequent introduction of pa- Children’s health care: The Coburn/Shad- Health plans and insurance issuers must be tients’ protection legislation and the mili- egg legislation includes family physicians tancy and funding of those who championed prohibited from including gag clauses within among those designated as qualified primary their contracts with physicians. Gag clauses opposition to strong protections are proof care physicians for children H.R. 2723 would positive of the dangers we face as a nation in seek to prevent physicians from discussing not preclude patients from going to family with their patients plan or treatment op- the commercialization of health care. physicians for their children’s health needs. When HMO’s/insurance companies and tions or disclosing financial incentives that ‘‘These legislators are being responsive to may affect the patient’s treatment. These pharmaceuticals begin to shift priorities patients and to the public good,’’ said from the rights of the patient to the success clauses strike at the heart of the patient- Copeland. ‘‘We urge the House of Representa- physician relationship and can create real of the stockholder, we have entered a dan- tives to expeditiously pass legislation re- gerous zone in human rights. The situation conflicts between patients and their physi- flecting these principles.’’ cians. calls for a national ethical moral debate on what constitutes an authentic health care Information Disclosure PATIENT ACCESS COALITION, system. Group health plans and health insurance Bethesda, MD, August 16, 1999. NETWORK affirms the tenet of Catholic issuers must be required to provide enrollees Hon. GREG GANSKE, social teaching and the U.N. Declaration of with important and basic information about U.S. House of Representatives, Washington, DC. Human Rights that health care is a basic their medical coverage. Plans and issuers DEAR REP. GANSKE: On behalf of the 130 pa- human right and that the government has an should identify the benefits offered—includ- tient advocacy and provider organizations obligation to protect that right out of re- ing covered benefits, benefit limits, coverage that comprise the Patient Access Coalition, sponsibility for the common good. Con- exclusions, prior authorization rules, appeals we deeply appreciate and acknowledge your sequently, we have supported past initiatives procedures, and other basic information. Pa- demonstrated commitment to moving strong to protect that right through legislation tients deserve to know exactly what they are and meaningful patient protection legisla- which would provide for all citizens access to paying for. tion to the House floor for consideration this affordable quality health care. In conclusion, the AMA appreciates the bi- year. Your support of this issue has unques- That those initiatives have failed is a trav- partisan efforts by House members to intro- tionably sparked a new level of dedication esty of justice, leaving us the only industri- duce legislation that would promote fairness and enthusiasm amongst your colleagues for alized nation in the world without a guar- in managed care. We urge you to support leg- making patient protections a top legislative antee of health care for all its citizens. islation containing these essential protec- priority when the House reconvenes in Sep- Sadly, at this point, the nation’s non-sys- tions for all patients and to request prompt tember. tem is hopelessly fragmented while the num- floor action on managed care reform legisla- Because the health of millions of Ameri- ber of uninsured grows daily. As the need for tion in September. cans is dependent upon the care provided by patients’ protections indicates, even those Respectfully, managed care plans, the issue of patient pro- privately insured under a variety and com- E. RATCLIFFE ANDERSON, Jr., MD. tections is one of national importance and plexity of health care plans—the details of September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7975 which often elude them—are not guaranteed independent review and closure to their The College further commends you for in- necessary, timely and quality health care. cases. cluding a requirement that the independent Therefore, as we support HR 2723, we urge The Bill assures that medical judgements external entity determine the appropriate you to use the lessons of these two years as are being made by medical experts and their treatment by considering the recommenda- a launching pad toward universal access to patients. tions of the treating physician along with quality, affordable health care. Universal ac- It is our position that the provisions of other reasonable evidence and to do so with- cess to affordable quality health care will be this legisation that assure patient access to out being bound to the health plan’s defini- for NETWORK and many of our allies a crit- Clinical Trials, access to prescription drug tion of medical necessity. ical election issue. not on the HMO’s predetermined formulary when the treating physican deems the medi- Another issue of deep concern to our Fel- Sincerely, lows is that surgeons and other physicians KATHY THORTON, RSM, cation as needed for optimum benefit of pa- tient care and the provision that doctors and being forced to bear all of the liability in- National Coordinator. volved in providing health care services CATHERINE PINKERTON, nurses will not confront retaliation when they report quality problems all combine to when health plans are often restricting the CSJ, services they can provide and the setting in NETWORK Lobbyist. assure higher standards of quality care for patients that will enhance disease survival which the care can be provided. If health plans continue to make medical determina- NATIONAL PATIENT and extend life. Please note our strong endorsement of the tions, then they should be held liable to at ADVOCATE FOUNDATION, least the same degree as the treating physi- Newport News, VA, August 19, 1999. Bipartisan Consensus Managed Care Im- provement Act of 1999, our endorsement for cian. We are pleased to note that H.R. 2723 Hon. CHARLES NORWOOD, each of the co-sponsors of this legislation would allow patients to hold health plans U.S. House of Representatives, Washington, DC. liable when the plan’s decisions cause per- DEAR REPRESENTATIVE NORWOOD: On behalf and for each member of our United States House of Representatives who has contrib- sonal injury or death. Additionally, the Col- of our patient and health care constituents, lege agrees that it is reasonable to prohibit I write to commend your leadership in bring- uted to this debate and to this resulting legislaiton over the course of the last three enrollees from suing their health plan for pu- ing a Bipartisan Consensus Managed Care nitive damages if the health plan abides by Improvement Act of 1999 (H.R. 2723) to the years. It was our recent pleasure to honor both you and Congressman Dingell with our the decision of the independent external re- United States House of Representatives. view entity. Many members of the House of Representa- National Health Care Humanitarian Award tives have sought to support reform that July 22, 1999 in Washington. Certainly the All of these provisions, along with the nu- would improve patient access to care and pa- leadership that you both exhibit in the de- merous other provisions included in H.R. tient autonomy in decision making with velopment, sponsorship and negotiation of 2723, address critical patient needs in our na- their physicians during their medical experi- this bill as you seek to position it on the tion’s changing health care system. Once ence while assuring patients access to inde- floor of the House for debate is consistent again, the College is pleased to offer its sup- pendent, external review and offering plan with our evalution of each of you as recipi- port for the Bipartisan Managed Care Im- accountability for decisions made. Each ents of our award. Thank you for your noble provement Act of 1999 and we look forward member who has contributed to this debate leadership in addressing the matters em- to working with you, the Republican and has achieved success in the form of the Bi- bodied in this Managed Care Improvement Democratic leadership, and, in fact, all the partisan Consensus Managed Care Improve- Act. We encourage House Speaker Dennis Members of the House of Representatives to ment Act of 1999. Hastert to place this Bill on the floor of the ensure that comprehensive managed care re- The Bipartisan Consensus Managed Care House for debate and to allow your peers in form legislation is enacted this year. Improvement Act of 1999 reflects an under- the House of Representatives to vote their Sincerely, standing that insurance should not dictate conscience in support of H.R. 273. GEORGE F. SHELDON, MD, FACS, or control health care of Americans rather it Respectfully submitted: President. should facilitate and finance health care for NANEY DAVENPORT-ENNIS, Founding Executive Director. Americans. Our organization strongly en- OFFICE FOR CHURCH IN SOCIETY dorses H.R. 2723 citing specifically the fol- UNITED CHURCH OF CHRIST, AMERICAN COLLEGE OF SURGEONS, lowing advantages: Washington, DC, August 10, 1999. The Bill is one of bipartisan consensus and Washington, DC, August 31, 1999. Hon. CHARLIE NORWOOD, it does reflect the health care matters that Hon. CHARLIE NORWOOD, U.S. House of Representatives, Washington, DC. have long been debated on both sides of the U.S. House of Representatives, Washington, DC. aisle with resulting legislation that serves DEAR REPRESENTATIVE NORWOOD: On behalf DEAR REPRESENTATIVE NORWOOD: I am patients and medical providers fairly and eq- of the 62,000 Fellows of the American College writing to thank you for your leadership in uitably while supporting our managed care of Surgeons, I am pleased to offer the Col- sponsoring the Bipartisan Consensus Man- industry through the development of a clear- lege’s endorsement of Bipartisan Consensus aged Care Improvement Act of 1999. ly defined set of critiera that health plans Managed Care Improvement Act of 1999, H.R. The United Church of Christ, Office for must meet to conform to the federal law as 2723. This legislation encompasses all of the Church in Society, endorses the bill as writ- defined in H.R. 2723. provisions that the College believes are crit- ten. The Bill affords protections to all people ical to ensuring that all privately insured In the event that the bill is weakened, or with employment-based insurance (including patients have access to the most appropriate if ‘‘poison pill’’ amendments are added, such state and local government workers) and medical care. This legislation stands in stark as Medical Savings Accounts it is likely that people who buy their insurance on their own contrast to the inadequate managed care re- we would then oppose the bill. which we feel affords an equitable oppor- form legislation that the Senate passed in tunity for regulation and enforcement of in- July. Thanks again for your effort to help pro- dustry standards for the majority of insured The College believes that all patients tect patients from inappropriate denial of Americans. should have timely access to appropriate care and to make sure that the services The Bill establishes a uniform standard of specialty care. Patients should not be forced promised in managed care contracts will be accountability for health plans who make by their health plan to endure unnecessary fully available from competent health pro- coverage decisions which is consistent with delays in accessing specialty care nor should fessionals. the level of accountability that exists for they be forced to receive care from a spe- Sincerely, every business and industry that provides cialist who does not have the appropriate REV. DR. PAT CONOVER, service to Americans and that becomes le- training and experience to treat their condi- Policy Advocate. gally accountable for poor business practices tion. We are pleased to note that H.R. 2723 or judgements that cause harm to our citi- requires health plans to allow patients to AMERICAN COLLEGE OF PHYSICIANS, zens. With 79 percent of our citizens in an have timely access to specialty care and to AMERICAN SOCIETY OF INTERNAL ERISA plan that currently offers few venues go out-of-network for specialty care at no MEDICINE, of remedy for those citizens whose benefits additional cost if an appropriate specialist is Washington, DC, August 12, 1999. are denied, the Bipartisan Consensus Man- not available within the plan. aged Care Improvement Act of 1999 does offer Once a patient is able to see an appropriate Hon. CHARLES NORWOOD, improved remedy and uniform regulations. specialist, health plans are frequently re- House of Representatives, As one whose companion organization, the stricting the patient’s care by unilaterally Washington, DC. Patient Advocate Foundation served over determining the most appropriate medical DEAR REPRESENTATIVE NORWOOD: The 6,000 patients last year who confronted insur- treatment. This determination often is con- American College of Physicians-American ance denials of which more than 50 percent trary to the advice of the patient’s treating Society of Internal Medicine (ACP–ASIM) is involved ERISA plans, our cases reflect an physician. It is also often formulated on the the largest medical specialty society in the urgent need for timely resolution and rem- basis of cost rather than the patient’s best country, representing 115,000 physicians who edy for ERISA enrollees. This Bill improves interest. H.R. 2723 would protect patients by specialize in internal medicine and medical the system of clarifying responsibilities, sys- requiring health plans to offer their enroll- students. ACP–ASIM is in a unique position tems of appeal and opportunity for timely ees an opportunity for independent external to evaluate patient protection legislation as remedy. Patients confronting life threat- review of their case. The external reviewer our members represent the full range of in- ening conditions must have timely, external, would then produce a binding determination. ternal medicine practitioners. We believe H7976 CONGRESSIONAL RECORD — HOUSE September 8, 1999 that any patient protection legislation must included access to appropriate pediatric spe- We are very pleased that a truly com- be comprehensive and provide patients with cialists, as well as other important protec- prehensive bipartisan patient protection bill the necessary basic rights and protections tions for children, as key provisions of your has been introduced. This is a bill that ad- they need. legislation. dresses the concerns that many working ACP–ASIM believes that any effective pa- Thank you for your efforts and we look families have about the failure of managed tient protection legislation must: forward to working with you to enact strong care plans to ensure access to quality health Apply to all insured Americans, not just patient protection legislation. Please do not care and puts medical decisions in the hands those in ERISA plans. hesitate to contact me or Graham Henson of of medical experts not insurance company Require that physicians, rather than our Washington office if we can be of assist- bureaucrats. Unlike the Senate bill, H.R. health plans, make determinations regarding ance. 2723 would: Sincerely, the medical necessity and appropriateness of Cover all Americans who have private in- JOEL J. ALPERT, MD, FAAP, treatments. ACP–ASIM supports language surance’s. that defines medical necessity in terms of President. generally accepted principles of professional Provide true access to emergency services, medical practice, as supported by evidence AMERICAN PSYCHOLOGICAL specialists, continuity of care, and clinical on the effectiveness of different treatments ASSOCIATION, trials when available. Washington, DC, August 10, 1999. Provide for an internal and an independent Provide enrollees with timely access to a Hon. CHARLIE NORWOOD, external appeals process that ensures a time- review process with an opportunity for inde- House of Representatives, ly process for consumers for whom health pendent review by an independent physician Washington, DC. care is denied or withheld when a service is denied. DEAR DR. NORWOOD: On behalf of the 159,000 Hold health plans accountable for treat- Offer all enrollees in managed care plans a members and affiliates of the American Psy- ment decisions that result in injury or point-of-service option that will enable them chological Association (APA), I am writing death. to express our strong support for the bipar- to obtain care from physicians outside the Additionally, H.R. 2723 includes a vitally health plan’s network of participating health tisan Consensus Managed Care Improvement Act (H.R. 2723), which you have introduced important patient advocacy/whistleblower professionals, and provision. As a union representing over Hold all health plans, including those ex- with Representative John D. Dingell. 600,000 frontline health care workers, we empt from state regulation under ERISA, ac- Broad bipartisan support for this new leg- know how important it is to protect health countable in a court of law for medical deci- islation represents a major breakthrough on care workers who speak out against patient sions that result in death or injury to a pa- behalf of patients’ rights. You bill covers all care deficiencies. Employers must be prohib- tient. persons with private insurance and includes ited from firing or retaliating against such In addition to these protections, we also much needed patient protections, strong re- workers if we are going to encourage health believe that it is important to address the forms of the managed care industry and due professionals to report patient care prob- need to ensure access to affordable health in- process protections for providers. APA is es- lems. surance coverage for all Americans. Patient pecially grateful that you have continued to protections are meaningless if patients lack champion our top legislative priority, re- We commend you and your leadership in health insurance coverage. ACP–ASIM calls moving the ERISA shield from health plan putting forward a bill that provides real pa- on the Congress to guarantee the most basic legal accountability. As in your previous tient protections. SEIU looks forward to right of all Americans—the right to insur- bills that APA has endorsed since 1996, H.R. working with you to pass H.R. 2723. ance coverage—by crafting legislative solu- 2723 permits persons who have been injured Sincerely, tions that will reduce, with a goal of eventu- by decisions of health plans that delay or ANDREW L. STERN, ally eliminating, the growing numbers of un- deny care to hold them legally accountable. International President. insured citizens. We believe that removal of this special ex- As the U.S. House of Representatives con- emption will be a strong incentive for health THE AMERICAN COLLEGE OF siders this legislation, ACP–ASIM encour- plans to deliver clinically necessary care, ob- OBSTETRICIANS AND GYNECOLOGISTS ages the continuation of a bipartisan ap- viating the need for lawsuits. Washington, DC, August 11, 1999. Improvements to an appeals process with- proach. We thank you for sponsoring the Bi- Hon. CHARLES NORWOOD, out legal accountability clearly would not be partisan Consensus Managed Care Improve- Longworth House Office Building, sufficient. A new analysis of the Senate- ment Act, H.R. 2723, containing the key ele- 5Washington, DC. passed bill, S. 1344, shows that the insurance ments needed for effective patient protection and managed care industry could generate DEAR CONGRESSMAN NORWOOD, The Amer- and demonstrating the bipartisan support for interest income of $280 million for every one ican College of Obstetricians and Gyne- such legislation in the House. ACP–ASIM percent of claims that are delayed for the cologists (ACOG) is pleased to offer its sup- looks forward to the consideration of a com- full 377 days permitted. This port for the Bipartisan Consensus Managed prehensive bill on the floor of the House in PricewatershouseCoopers analysis helps Care Improvement Act of 1999. This legisla- September that will be fully capable of pro- refocus the debate on the need for incentives tion would guarantee direct access to ob-gyn viding Americans in managed care and other to ensure that correct decisions are made by care for women enrolled in managed care. health plans with needed protections. We health plans to begin with and that health Women need the assurance that they can stand ready to assist in this effort. plans do not abuse an appeals process. receive care for their women’s health needs Sincerely, H.R. 2723 also includes the requirements from their ob-gyns without the added time, ALAN R. NELSON, MD, FACP, that those in closed panel health plans be of- expense, and inconvenience of first having to Associate Executive Vice President. fered a point of service plan at the time of get permission from their primary care phy- enrollment, enabling care outside of a net- sicians. Your legislation would ensure this AMERICAN ACADEMY OF PEDIATRICS, work. The bill reflects a procompetitive pro- fundamental patient protection to all women Washington, DC, August 9, 1999. vision banning health plans from excluding a in managed care plans. Hon. CHARLIE NORWOOD, class of providers based solely on licensure. House of Representatives, Today, many managed care plans require Medical necessity decisions would be made women—even pregnant women—to get per- Washington, DC. by clinical peers in a fair and independent DEAR CONGRESSMAN NORWOOD: On behalf of mission slips from their primary care physi- appeals process, moving the system away cians before they can see their ob-gyns. the 55,000 general pediatrician, pediatric from some of its worst abuses. Sixty percent of ob-gyns in managed care medical subspecialist, and pediatric surgical APA appreciates your continued leadership plans report that their gynecologic patients specialist members of the American Acad- on these vital issues and will continue to emy of Pediatrics, I am writing to express work with you to win enactment of com- are either limited or barred from seeing our strong support of your recently intro- prehensive managed care quality legislation. their ob-gyns without first getting permis- duced legislation, the Bipartisan Consensus Sincerely, sion from another physician. An astounding 28% report that their pregnant patients must Managed Care Improvement Act of 1999 (HR RUSS NEWMAN, Ph.D., J.D. 2723). We look forward to working with you first receive another physician’s permission and other members of Congress to ensure SERVICE EMPLOYEES before seeing their ob-gyns. To make mat- that strong patient protection legislation be- INTERNATIONAL UNION, ters worse, nearly 75% of ob-gyns report that comes law this year. Washington, DC, August 19, 1999. their patients have to return to their pri- We are especially pleased that your legisla- Hon. CHARLIE NORWOOD, mary care physicians for permission before tion recognizes the unique need of children House of Representatives, their ob-gyn can provide necessary follow-up and addresses them appropriately. Children Washington, DC. care. are not little adults. Their care should be DEAR REPRESENTATIVE NORWOOD: On behalf Direct access to ob-gyns for all covered ob- provided by physicians who are appro- of the 1.3 million members of the Service stetric and gynecological follow-up care, as priately educated in the unique physical and Employees International Union, I am writing under your plan, will help to ensure quality developmental issues surrounding the care of in support of the Bipartisan Consensus Man- health for women, including pregnant women infants, children, adolescents and young aged Care Improvement Act of 1999, H.R. and their infants. Thank you for your leader- adults. You clearly recognize this and have 2723. ship and commitment to these vital goals. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7977 We look forward to working closely with you time to bring the focus back to our patients Consensus Managed Care Improvement Act as this legislation moves toward enactment. and away from HMO profits. Employers and includes many important patient protec- Sincerely, patients are tired of not receiving the care tions. As a physician membership organiza- RALPH W. HALE, M.D., they are promised, pay for and deserve. H.R. tion, PRCH is especially pleased that H.R. Executive Vice President. 2723 will help bring the quality back into 2723 would ensure that medical judgments healthcare and allow osteopathic physicians are rendered solely by health care providers, CENTER FOR PATIENT ADVOCACY, to care for our patients in accordance with who are in the best position to guard the in- McLean, VA, August 9, 1999. the high principles guiding our profession. terests of their patients. Other particularly Hon. CHARLIE NORWOOD, Again, thank you for your leadership on important provisions would assure that Longworth House Office Bldg., this critical issue. We are encouraged by the women have direct access to ob-gyn care Washington, DC. broad bipartisan support your legislation has from their choice of participating health DEAR CONGRESSMAN NORWOOD: The Center received. The AOA pledges to work with you care providers; protect health care profes- for Patient Advocacy is pleased to support and all Members of Congress to ensure swift sionals who report quality problems from re- the ‘‘Bipartisan Consensus Managed Care Im- enactment of H.R. 2723. Please feel free to taliation by insurance plans and others; and provement Act of 1999.’’ contact Michael Mayers, AOA Assistant Di- prohibit health care plans from financially Since our founding in 1995, the Center for rector of Congressional Affairs, in our Wash- rewarding health care professionals for lim- Patient Advocacy has been a leading sup- ington office with any further comments or iting a patient’s care. porter of strong, enforceable comprehensive questions. We commend your leadership in the strug- managed care reform legislation. Every day Sincerely, gle to ensure that patients’ rights are estab- the Center works with patients across the EUGENE A. OLIVERI, D.O., lished in federal law. country who have experienced problems with President. Sincerely, managed care. We know first-hand the bar- JODI MAGEE, riers to care that patients face, including AMERICAN DENTAL ASSOCIATION, Executive Director. limits on access to and coverage for spe- Washington, DC, August 13, 1999. SEYMOUR L. ROMNEY, M.D., ciality care and emergency room care, arbi- Hon. CHARLIE NORWOOD, Chair. trary medical decisions based on cost rather 1707 Longworth House Office Building, Wash- than a patient’s specific medical needs, and ington, DC. AMERICAN CANCER SOCIETY, the lack of a timely, independent and fair ex- DEAR REPRESENTATIVE NORWOOD: On behalf August 27, 1999. ternal appeals process to name a few. Most of the 144,000 members of the American Den- Hon. CHARLIE NORWOOD, alarming, however, is that managed care tal Association, we wish to endorse H.R. 2723, U.S. House of Representatives, Washington, DC. DEAR CONGRESSMAN NORWOOD: On behalf of plans—not patients and their doctors—con- the Bipartisan Consensus Managed Care Im- the American Cancer Society and its 2 mil- tinue to make medical decisions without provement Act of 1999. This is the first truly lion volunteers, I commend you for spon- being held legally accountable for their deci- bipartisan, comprehensive patient protection soring H.R. 2723, the ‘‘Bipartisan Consensus sions that harm patients. bill in the 106th Congress. By joining forces Managed Care Improvement Act of 1999,’’ The Bipartisan Consensus Managed Care with Representative Dingell, you have legislation that meets the needs of cancer Improvement Act is a common-sense ap- breathed new life into the movement to es- patients. As the largest voluntary health or- proach that addresses these problems. In this tablish a few basic rules to protect all in- ganization dedicated to improving cancer era where the pressure to reduce costs often sured Americans from unfair and unreason- care, we urge support of such legislation that comes at the expense of the patient, it is not able delays and denials of care. would help ensure patients, especially those only appropriate, but imperative that Con- We recognize that the powerful groups that affected by cancer, access to quality and ap- gress act and pass legislation to protect pa- oppose managed care reform will continue propriate medical care. Specifically, we are spending millions of dollars in their relent- tients from managed care abuses. pleased that the provisions in your legisla- We commend your continued leadership in less efforts to scare the public and badger tion will benefit all 161 million Americans in the managed care reform debate and your lawmakers who attempt to improve the private health insurance and employer-spon- tireless efforts to secure a strong, enforce- health care system. However, we will do all sored plans and that your legislation pro- able and bipartisan solution to the problems we can to make sure that all of our members vides patients with direct access to clinical patients across the country are facing. As we know of your courageous efforts on behalf of trials. have continued to emphasize, patients are them and their patients. More than 140 million insured Americans Patient protection is a genuine grassroots not calling on Congress to pass a Republican are in some kind of managed care plan and issue that cuts across geographic, economic or Democrat bill. They are calling on Con- this includes many of the approximately 1.23 gress to pass bipartisan legislation that will and political boundaries. We believe that million people diagnosed with cancer each truly provide them with needed protections only bipartisan action will solve the prob- year. In addition, the National Cancer Insti- and empower patients and their physicians lems in the health care system, and your bill tute estimates that 8 million Americans with the decisions affecting their health represents a major, positive step in the right alive today have a history of cancer. While care. And we believe that the Bipartisan direction. managed care has greatly improved access to Consensus Managed Care Improvement Act Sincerely, needed prevention, early detection, and can- will do just that. S. TIMOTHY ROSE, D.D.S., M.S., cer treatment, we are concerned about some Sincerely, President. of the gaps that remain in getting quality TERRE MCFILLEN-HALL, JOHN S. ZAPP, D.D.S., care to the patient. Executive Director. Executive Director. Your legislation adequately addresses PHYSICIANS FOR REPRODUCTIVE some of our concerns in a way that will help AMERICAN OSTEOPATHIC ASSOCIATION, CHOICE AND HEALTH, ensure that individuals affected or poten- Washington, DC, August 27, 1999. New York, NY, August 30, 1999. tially affected by cancer will be assured im- Hon. CHARLES NORWOOD, Hon. CHARLES NORWOOD, proved access to quality care. H.R. 2723 U.S. House of Representatives, Washington, DC. U.S. House of Representatives, Washington, DC. grants patients with life threatening dis- DEAR CONGRESSMAN NORWOOD: The Amer- DEAR REPRESENTATIVE NORWOOD: Physi- eases access to specialists, including an out- ican Osteopathic Association (AOA) rep- cians for Reproductive Choice and Health of-network specialist if one is not available resents the nation’s 43,500 osteopathic physi- (PRCH) is pleased to support the Bipartisan within their health plan; ensures continuity cians. As President, I am pleased to let you Consensus Managed Care Improvement Act of care if an employer switches to a plan know that the AOA endorses your bill, the of 1999 (H.R. 2723). We applaud your leader- that does not include their physician who is ‘‘Bipartisan Consensus Managed Care Im- ship, as well as that of Representative Din- providing on-going treatment or if a treating provement Act of 1999’’ (H.R. 2723). gell and the additional supporters of the leg- physician is no longer with the health plan; The AOA advocates, on behalf of patients, islation. The mission of PRCH is to enable and permits for a specialist to serve as the for Congress to enact strong, meaningful, concerned physicians to take a more active primary care physician for a patient who is and comprehensive protections. After six and visible role in support of universal repro- undergoing treatment for a serious or life- years of debate and delay, we believe that ductive health. We represent more than 3,000 threatening illness. H.R. 2723 is the bipartisan legislation that physicians and non-physician supporters Most importantly, your bill includes a will ensure the AOA’s long sought principles. from around the country. PRCH is com- clinical trials provision strongly supported These include: physicians allowed to deter- mitted to ensuring that all people have the by the American Cancer Society. H.R. 2723 mine medical necessity; health plans held knowledge, access to quality services, and recognizes that coverage of the routine pa- accountable for their actions; a fair and freedom of choice to make their own repro- tient care costs for patients enrolled in any independent appeals process available to pa- ductive health decisions, and we believe this phase of high-quality, peer-reviewed clinical tients, and protections which apply to all legislation is an important step toward that trials affords people with cancer and other Americans. goal. serious or life threatening disease the oppor- Over the last two decades, managed care The American health care system is chang- tunity to seek the best and most appropriate has become less interested in delivering ing rapidly. PRCH believes it is vital that care while helping to advance scientific quality healthcare to patients. Instead, the those changes do not come at the expense of knowledge. This access is integral to pos- focus seems entirely on the bottom line. It is quality care for patients. The Bipartisan sibly extending life, reducing morbidity, and H7978 CONGRESSIONAL RECORD — HOUSE September 8, 1999 increasing medical knowledge. As you may 1. An out-of-network (point-of-service) op- lation should prohibit gag clauses that re- know, in many cases, coverage for routine tion at the time of enrollment; strict the freedom of health care providers to patient services for patients who wish to par- 2. Timely access to specialty care; discuss all treatment options with patients; ticipate in a clinical trial are often denied, 3. A fair and expedited independent appeals limit financial incentives to withhold care; thereby creating a major barrier for patients process; ensure continuity of care so that patients in who would like, or need, access to these 4. A consumer information checklist; the middle of long-term treatment plans do treatments. For these patients, the clinical 5. A ban on financial incentives that result not suffer an abrupt transition of care if trial offers a critical opportunity to receive in the withholding of care or a denial of a re- their physician or other provider is dropped state of the art cancer treatment—therapies ferral; and from the plan; and assure that health care that may be their best and most appropriate 6. A ban on ‘‘gag clauses’’ which prohibit a professionals who report deficiencies in the treatment option and their only chance at provider from giving patients certain infor- quality of health care services will not expe- survival and an improved quality of life. In mation, including treatment options. rience retaliation by the plan. addition, without sufficient enrollment in We look forward to working with you to Accountability: We support the right of pa- clinical trials, we as a nation lose an oppor- ensure passage of a strong, comprehensive tients to timely appeals of health plan deci- tunity to collect data about the safety and and meaningful patient protections bill this sions and to be able to hold health plans ac- efficacy of a new therapy or technology that Congress. Again, thank you for introducing countable for decisions. Examples of such could potentially benefit future generations your bill and for championing this issue in rights include access to internal and inde- of patients and save the health care system the House of Representatives. pendent external appeals processes that are money. We firmly believe it is essential that Sincerely, fair, unbiased, and timely; and a mechanism cancer patients have access to these often- WILLIAM L. RICH, III, MD, that holds health plans legally accountable times lifesaving therapies that can reduce Secretary for Federal Affairs. when their decisions harm patients. suffering and prolong life and are very sup- FCNL applauds your efforts and the efforts of your colleagues to pass legislation that portive of the provision in H.R. 2723. FRIENDS COMMITTEE ON NATIONAL would provide these and other related pro- The Society commends you for sponsoring LEGISLATION, tections to patients in managed care plans. this legislation that provides access to clin- Washington, DC, August 26, 1999. Sincerely, ical trials for all patients with serious and Re Managed Care Improvement Act. life threatening diseases. Due to the nature FLORENCE C. KIMBALL, Representative CHARLES NORWOOD, of research, life-saving treatments for one Legislative Education Secretary. U.S. House of Representatives, disease are often found in clinical trials of a Washington, DC. drug aimed at treating another disease. Re- AMERICAN FEDERATION OF TEACHERS, DEAR REPRESENTATIVE NORWOOD: I am cently, clinical trials of Rezulin, a diabetes Washington, DC, August 20, 1999. writing on behalf of the Friends Committee drug, showed that the drug may slow rapid U.S. HOUSE OF REPRESENTATIVES, cell growth in some cancers. Similarly, re- on National Legislation (FCNL, a Quaker Washington, DC. search has shown that the cancer drug, lobby in the public interest) to express our DEAR REPRESENTATIVE: I am writing on be- endostatin, may help heart disease. By pro- strong support for the Bipartisan Consensus half of the over one million members of the viding broad access to clinical trials, your Managed Care Improvement Act of 1999 AFT to urge your support for bipartisan pa- legislation will help advance the state of re- (H.R. 2723). tients rights legislation, H.R. 2723, the Bipar- search for many diseases by allowing for the FCNL supports a health care system whose tisan Consensus Managed Care Empower- cross-pollination of research—cancer pa- primary goal is maintaining and improving ment Act of 1999. Hopefully, when Congress tients will benefit from clinical trials in the health of the population. In recent years, returns from its August recess, the House of AIDS, diabetes, etc., and vice versa. managed care has taken over as the domi- Representatives will have the opportunity to While we are very pleased with your lead- nant health care delivery system. The shift vote on this important bill. ership on this issue, we are concerned that to managed care has reflected the belief, par- This bipartisan measure, introduced by H.R. 2723 will not help patients who want to ticularly within the business community, Representatives Charles Norwood (R–GA) enroll in privately sponsored pharmaceutical that managed care does a substantially bet- and John Dingell (D–MI), is compromise pa- trials—the type that is most frequently pro- ter job of controlling health care costs than tients’ rights legislation that retains essen- vided through the Food and Drug Adminis- does traditional fee-for-service insurance. tial features of the Patients Bill of Rights, tration. We would greatly appreciate your Thus, managed care organizations are under H.R. 358, that AFT has also supported. consideration of increasing access to these strong pressure to keep costs down. In addi- The bipartisan bill (H.R. 2723), which ap- types of clinical trials for managed care pa- tion, many managed care organizations oper- plies to all 161 million Americans with tients. ate on a for-profit basis which exerts pres- health insurance coverage, has these essen- The diagnosis of cancer is devastating—not sures to reduce outlays. These changes in the tial features; only must patients confront an array of med- structure of health care insurance have cre- Ensures access to emergency care without ical decisions, they must deal with financial ated an environment in which patients’ in- prior authorization, following a ‘‘prudent lay and emotional burdens as well. We thank terests can (and sometimes do) take a back person’’ standard; you for sponsoring legislation ensuring that seat. While we are sensitive to the economic Authorizes direct access to OB/GYNs and cancer patients, irrespective of type of issues in health care, we also believe that re- pediatricians to be primary care physicians; health insurance, will face fewer financial form and regulation are necessary in order Provides access to pediatric specialties; Provides for continuity of care when there worries as they consider their treatment op- to ensure that managed care organizations is a change of plan or change in the provider tions. Please call Megan Gordon, Legislative hold the interests of patients as a prime network; Representative, for any additional informa- focus. tion you or your staff may need. Provides for an independent external ap- Following are some of the provisions of Sincerely, peals process; H.R. 2723 that are of particular importance KERRIE WILSON, Authorizes patients to sue health plans in to FCNL. National Vice President, Policy Advocacy. state courts, but disallows punitive damages Scope of coverage: We support extending if a plan complies with an independent exter- managed care protections to all 161 million AMERICAN ACADEMY OF nal appeals decision; people in the U.S. with private insurance. OPHTHALMOLOGY, Provides that doctors and nurses can re- This would complement the protection al- Washington, DC, August 30, 1999. port quality problems without fear of retal- ready afforded to those in Medicaid and Hon. CHARLES NORWOOD, iation from Health Maintenance Organiza- Medicare managed care. Longworth House Office Building, tions (HMOs), insurance companies and hos- Access to care: We strongly favor efforts to Washington, DC. pitals. reduce and eliminate bureaucratic obstacles DEAR REPRESENTATIVE NORWOOD: The AFT is particularly pleased that H.R. 2723 American Academy of Ophthalmology (AAO) that some patients have faced as they seek contains protection against retaliation for would like to thank you for your introduc- access to physicians and needed health care health care workers acting as patient advo- tion of H.R. 2723, the Bipartisan Consensus services. For example, we support access to cates. The AFT is proud to represent over Managed Care Improvement Act of 1999. closest emergency room, without prior au- 53,000 health care professionals who know Your bill contains the core patient protec- thorization and without higher costs; guar- such protections for patient advocacy are an tions the AAO supports and believes should anteed access to needed health care special- essential component of quality health care. be a part of all managed care plans. ists, outside the network, if needed; access to H.R. 2723 offers the House a very real op- AAO is the world’s largest educational and pediatric specialists; the right of women to portunity to enact legislation on a bipar- scientific organization of eye physicians and directly access ob/gyn care and services; and tisan basis that will improve the quality of surgeons (Eye M.D.s), representing over access to quality clinical trials for those managed care. The American Federation of 26,000 members, dedicated to the treatment with no other effective option. Teachers urges you to co-sponsor and sup- and diagnosis of disorders of the eye. Protection of Doctor/Patient Relationship: port this vital legislation. AAO supports H.R. 2723 on the basis that it We oppose limitations placed on physicians Sincerely, would guarantee the following six protec- by HMOs or insurance companies that reduce CHARLOTTE J. FRAAS, tions to the millions of Americans enrolled their ability to treat or communicate with Director of Federal Legislation, in managed care plans: patients. For example, we believe that legis- Office of Government Relations. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7979

AFSCME, AMERICAN FEDERATION OF lation. Again, thank you for your leadership AMERICAN ASSOCIATION OF STATE, COUNTY AND MUNICIPAL on this important issue. UNIVERSITY WOMEN, EMPLOYEES, AFL–CIO, Sincerely, Washington, DC, August 24, 1999. Washington, DC, August 18, 1999. FRAN DUMELLE, PROTECT WOMEN’S HEALTH IN MANAGED CARE Honorable CHARLES NORWOOD, Deputy, Managing Director. REFORM U.S. House of Representatives, DEAR REPRESENTATIVE: On behalf of the Washington, DC. NATIONAL BREAST CANCER COALITION, 150,000 members of the American Association DEAR REPRESENTATIVE NORWOOD: On behalf Washington, DC, August 24, 1999. of University Women (AAUW), I urge you to of the 1.3 million members of the American Representative JOHN DINGELL, support the Bipartisan Consensus Managed Federation of State, County and Municipal Representative CHARLES NORWOOD, Care Improvement Act of 1999 (H.R. 2723), in- Employees (AFSCME), I am writing to thank U.S. House of Representatives, troduced by Reps. Charlie Norwood (R–GA) you for your leadership in introducing the Washington, DC. and John Dingell (D–MI), when the House Bipartisan Consensus Managed Care Im- considers managed care reform legislation. provement Act of 1999 (H.R. 2723). This com- DEAR REPRESENTATIVES: On behalf of the National Breast Cancer Coalition (NBCC) AAUW believes that H.R. 2723 will ensure ac- promise legislation provides meaningful re- countability of managed care plans and a form of managed care with significant and and the 2.6 million women living with breast cancer, I am writing to thank you for your health care delivery system that fully meets enforceable protections for consumers. the needs of women and families. In particular, we are pleased that the bill leadership in offering H.R. 2723, The Bipar- tisan Consensus Managed Care Improvement AAUW believes that only H.R. 2723 will sig- extends patient protections to all of those nificantly improve managed health care for who are covered by managed care plans rath- Act of 1999. Passage of this legislation would ensure that patients in private health plans all consumers, and especially for women. er than just limited segments of the insured H.R. 2723 covers all 148 million privately in- population. Importantly, the bill holds all, have access to legitimate patient protec- tions. sured Americans and addresses a broad range rather than just some, plans accountable for of issues that will provide quality, timely, treatment denials which result in the injury The National Breast Cancer Coalition is a and appropriate health care to all con- or death of patients. But the liability shield grassroots advocacy organization made up of sumers; ensure patients’ rights; and meet the now enjoyed by self-funded plans is removed more than 500 member organizations and needs of women and their families. H.R. 2723 in a balanced way, providing that there will 60,000 individual members dedicated to the guarantees that patients can have a health be no punitive damages where the plan has eradication of breast cancer through advo- plan’s decision to deny care reviewed by an followed the recommendation of an external cacy and action. We have long been com- independent medical expert, and holds man- review panel. Further, the bill makes clear mitted to working with Members of Congress aged care plans accountable when their deci- that employees cannot be sued unless they to enact meaningful healthcare reform. sions to withhold or limit care cause injury intervene in treatment decisions. While many versions of ‘‘patient protection’’ or death. H.R. 2723 is particularly important Of particular interest to AFSCME mem- legislation have been discussed in the past, to women because it: Ensures that women bers who work in health care, H.R. 2723 in- we appreciate your leadership on introducing have direct access to ob-gyn services from cludes important protections for physicians strong and comprehensive bipartisan legisla- the participating health care professional of and nurses who raise concerns or warnings tion that brings us one step closer to achiev- their choice; Ensures that pregnant women about the care of patients. Although limited, ing our goal. can continue to see the same health care these protections will allow health care pro- One of NBCC’s top concerns is breast can- provider throughout pregnancy if their pro- fessionals to speak, without fear of reprisal, cer patients’ access to clinical trials. Women vider leaves the plan or their employer to appropriate public regulatory agencies, with breast cancer often seek participation changes plans; Ensures access to specialists, appropriate private accrediting bodies, plan in clinical research studies as their best including, when appropriate, specialists out- administrators or their employers. The pro- treatment option. It is unconscionable that side a plan’s network; and Ensures access to vision protecting patient advocacy will help their health plans would deny payment for clinical trials for new treatment options and accomplish the bill’s overall goal of improv- even routine patient care cost like physician that may save people’s lives. ing the quality of care for patients. and hospital charges merely because patients Once again, I urge you to support H.R. 2723 In sum, H.R. 2723 would accomplish reform are receiving treatment in the context of a to ensure accountability of managed care in a meaningful, yet balanced way. We thank clinical trial versus standard therapy. H.R. plans and a health care delivery system that you for co-sponsoring this important legisla- 2723, which would require health plans to fully meets the needs of women and families. tion. cover routine patient care costs for cancer If you have any questions, please call Nancy Sincerely, patients enrolled in approved clinical trials, Zirkin, Director of Government Relations, at GERALD W. MCENTEE, is a critical step in including greater partici- 202/785–7720, or Lisa Levine, Government Re- International President. pation in clinical trials. lations Manager, at 202/785–7730. We also want to thank you for including Sincerely, AMERICAN THORACIC SOCIETY access to specialty care in the Bipartisan SANDY BERNARD, President. AND THE AMERICAN LUNG ASSOCIATION, Consensus legislation. This provision is ex- Washington, DC, August 24, 1999. tremely important to ensure that individuals NATIONAL BLACK WOMEN’S Hon. CHARLES NORWOOD, in private health plans have access to the HEALTH PROJECT, U.S. House of Representatives, specialty care they need—an essential com- Washington, DC, August 24, 1999. Washington, DC. ponent of a meaningful patients’ bill of Hon. CHARLES NORWOOD, DEAR REPRESENTATIVE NORWOOD: On behalf rights. We are pleased that this legislation U.S. House of Representatives, of the American Lung Association and its would allow breast cancer patients to go Washington, D.C. medical section, the American Thoracic So- straight to their oncologists should that be DEAR CONGRESSMAN NORWOOD: The Na- ciety, I want to congratulate you for intro- medically appropriate. tional Black Women’s Health Project ducing the Bi-Partisan Patient Protection (NBWHP) is writing in support of the Bipar- legislation (H.R. 2723). The ALA/ATS strong- Finally, NBCC appreciates your recogni- tisan Consensus Managed Care Improvement ly support this important legislation. tion that a right without strong enforcement Act (H.R. 2723). NBWHP is the only national American consumers deserve quality is no right at all. By holding plans account- organization solely dedicated to improving health insurance. Far too often we hear of able when their decisions to withhold or the health and well-being of America’s 17.8 cases where health insurers have either ob- limit care injures patients, H.R. 2723 ensures million Black women through wellness pro- structed or completely denied insured pa- that insurers are subject to the same rules grams and services, information, and advo- tients access to the care they need. Insurers, and legal penalties for injuries as any other cacy. We have been and continue to be a by design or default, are preventing patients industry. Strong enforcement is absolutely strong supporter of managed care reform. from getting the care they need. essential to any meaningful managed care The proposed legislation offers significant Your legislation will help end many of the reform, and we are pleased that the Bipar- protections for all Americans, and the spe- abuses in our nation’s health insurance sys- tisan Consensus bill incorporates this provi- cific implications for women and women of tem. Your legislation will give all of our na- sion. color are vitally important. Of great impor- tion’s insured individuals access to special- Thank you again for your outstanding tance is the inclusion of patient access to ists, a swift appeals process and legal re- leadership. We look forward to working with medical treatments and therapies including course for denied care, and will ensure physi- you to get H.R. 2723, The Bipartisan Con- clinical trials. This is highly significant as cians—not insurers—determine medical ne- sensus Managed Care Improvement Act, en- women of color are often under-represented cessity. These important patient protections acted into law this year. Please do not hesi- in clinical trials. In addition, the inclusion are needed to restore confidence to our na- tate to call me or NBCC’s Government Rela- of access to all prescription drugs is crucial tion’s health care system. tions Manager, Jenifer Katz if you have any as women would have assured access to cov- The American Lung Association and the questions. erage for contraceptives. American Thoracic Society are ready to Sincerely, There is an urgent need for consumer pro- work with you and other Members of Con- FRAN VISCO, tections in the health care and insurance gress to quickly enact this important legis- President. system, and we feel that this legislation is a H7980 CONGRESSIONAL RECORD — HOUSE September 8, 1999 progressive action in this regard. We appre- sage of meaningful managed care consumer HMOs (just like they can physicians, hos- ciate any opportunities to work with you. If protection legislation in the 106th Congress. pitals and others who make medical deci- you have any further questions, please feel Sincerely, sions in patient care), excluding employers free to telephone our office. Shelia Clark, LAURIE FLYNN, from liability unless they are involved in the our Public Policy Associate, is our contact Executive Director. same medical decision-making that pres- person. We look forward to the passage of ently exposes physicians, hospitals, nurses this legislation. FAMILIES USA FOUNDATION, and the like. Sincerely, Washington, DC, August 11, 1999. Moreover, we are mindful that opponents JULIA SCOTT, Hon. CHARLIE NORWOOD, of this type legislation raise costs as an issue President and CEO. Longwood HOB, Washington, DC. or that employers will not be able to provide DEAR CONGRESSMAN NORWOOD: Congratula- health insurance to their employees if the tions on the introduction of the ‘‘Bipartisan NATIONAL ALLIANCE FOR ERISA preemption is lifted or even that lift- Consensus Managed Care Improvement Act THE MENTALLY ILL, ing this preemptive effect will cause more Arlington, VA, August 24, 1999. of 1999,’’ H.R. 2723. We are well aware of the lawsuits. To these points, we respectfully efforts you and others made to make this bill Hon. JOHN DINGELL, and firmly disagree! Opponents are using a reality. Hon. CHARLES NORWOOD, emotion and ‘‘scare tactics’’ to avoid fact As you know, the American public is losing U.S. House of Representatives. and the ability of all patients to receive faith in our health care delivery system. Washington, DC proper and quality health care. Managed care companies that began with the We are not against managed care; it does DEAR REPRESENTATIVES DINGELL AND NOR- promise of providing high quality care at an have a place. However, we are strongly WOOD: On behalf of the 208,000 members and affordable price are not always delivering on against managed care plans not ‘‘toeing the 1,200 affiliates of the National Alliance for that promise. Unfortunately, this has re- line’’, i.e. not wanting to be held accountable the Mentally Ill (NAMI), I am writing to ex- sulted in consumers being worried that they for their medical decisions that adversely af- press our support for your legislation, the will not get the care they need even though fect patient care (all over the country man- Bipartisan Consensus Managed Care Im- they are covered with health insurance. Your aged care plans are failing, 200 in California provement Act of 1999 (H.R. 2723). As the na- bill is a reasonable compromise proposal alone). tion’s largest organization representing peo- that can bring back balance to our health Now may be the last time that you have to ple with severe mental illnesses and their care system. provide effective relief to patients and their families, NAMI believes that federal stand- We look forward to working with you to providers alike. If you do not, our court sys- ards are necessary to ensure that access to make the ‘‘Bipartisan Consensus’’ bill the tem may do it for you (as recent decisions in the most advanced treatment is not com- law of the land. the last few years seem to strongly indicate.) promised in the name of cost savings. We Sincerely, Please vote what is right, fair and just for support your efforts as an important step RONALD F. POLLACK, all patients; we sincerely ask that you sup- forward in protecting the interests of con- Executive Director. port H.R. 2723. sumers and their families in the health care Thank you. system. NATIONAL ORGANIZATION OF Sincerely, In particular, NAMI is especially pleased PHYSICIANS WHO CARE, RONALD BRONOW, M.D., that your legislation will address critical San Antonio, TX, August 24, 1999. President. issues that are of great concern to people Hon. CHARLIE NORWOOD, with severe mental illnesses and their fami- Longworth HOB, Washington DC. PATIENTS WHO CARE, lies including use of restrictive prescription DEAR CONGRESSMAN NORWOOD: I am presi- San Antonio, TX, August 24, 1999. drug formularies and meaningful external dent of Physicians Who Care, Inc. (‘‘PWC’’). Hon. CHARLIE NORWOOD, appeals. NAMI is grateful that your legisla- It is a not-for-profit organization which is Longworth HOB, Washington, DC. tion will protect the ability of patients and devoted to protecting the doctor-patient re- DEAR CONGRESSMAN NORWOOD: I am presi- their doctors to go beyond a health plan’s lationship and ensuring quality health care. dent of Patients Who Care (PtWC). It is a limited drug formulary when it is necessary Formed in 1985 in San Antonio, Texas the or- non-profit 501(c)3 organization of approxi- to find the most effective medication. this ganization has approximately 4,000 members, mately 20,000 members and is dedicated to protection is critically important for people most of them doctors in private practice. promoting through education an under- with serious brain disorders such as schizo- PWC believes the responsibility for medical standing of issues affecting access by pa- phrenia and manic-depressive illness who de- care belongs first and foremost to physicians tients to the highest quality health care pos- pend on newer medications as their best hope and patients. We affirm the right of the phy- sible. We believe in preserving quality med- for recovery. sician, as the provider of care, to diagnose, ical care, affordability of care and care reim- NAMI also strongly supports your proposal prescribe, test and treat patients without bursement plans, and preserving the doctor/ for external grievance procedures that would undue outside interference. We affirm the patient relationship. We also feel it is the require that decisions of independent review right of the patient, as the person most af- right of patients to choose their own physi- panels be legally binding upon health plans fected by care, to choose his or her own phy- cian and determine the type of treatment re- and prevent health plans from being able to sician and help determine the type of treat- ceived. Finally, we try to help patients un- select the independent third-party review ment received. derstand their rights in the health care deci- panel. Patients and their families should be On behalf of PWC and its board of direc- sion-making process. On behalf of PtWC and its board of direc- able to take their claim of an unfair denial tors, I am writing to you now. As you know, tors, I am writing to you now. As you know, of treatment coverage to an unbiased process one of the major issues facing our country one of the major issues facing our country for an adjudication of their rights. today is our health care delivery system— quality, access, delivery, accountability and today is our health care delivery system— NAMI also supports key provisions in H.R. fairness. We are apprised that this issue will quality, access, delivery, accountability and 2723 regarding access to medical specialists. come before the House of Representatives fairness. We are apprised that this issue will Health plans should be required to provide next month after Congress reconvenes from come before the House of Representatives access to covered specialty care within a its summer recess. next month after Congress reconvenes from plan’s network and allow consumers unob- We have reviewed H.R. 2723, the bill intro- its summer recess. structed access to a specialist, such as a psy- duced into the House by Representatives We have received H.R. 2723, the bill intro- chiatrist, over a longer period, without re- Norwood and Dingell. It is known as the ‘‘Bi- duced in the House of Representatives Nor- peated and unnecessary pre-authorizations partisan Consensus Managed Care Improve- wood and Dingell. It is known as the ‘‘Bipar- from their plan. Finally, NAMI would like to ment Act of 1999’’. We strongly support it as tisan Consensus Managed Care Improvement thank you for including in your bill strong it insures fairness and accountability in our Act of 1999’’. We strongly support it as we protections for consumer access to medical health care delivery system that has been feel it insures fairness and accountability in treatment costs associated with clinical lacking in what the Senate has passed and our health care delivery system. These quali- trials. For many people with severe mental other legislation that has gone before (H.R. ties have been lacking in what the House and illnesses, clinical trials on new medications 2723). We ask that you vote in favor of it. Senate have passed in previous health care are the best hope for successful treatment. Now is the opportunity to vote on legisla- legislation. We ask that you vote in favor of Health plans should not be allowed to deny tion that will support the ability of patients H.R. 2723, and do all you can to help this bill patients access to these trials by refusing to to receive proper care from their providers move quickly to passage. pay for routine medical care. and provide providers with measures of con- Now is the opportunity to vote on legisla- NAMI is grateful for your efforts on behalf fidence and comfort not known by them tion which will support the ability of pa- of people with severe mental illnesses and since managed care and managed care plans tients to receive proper care from their pro- their families. Your bipartisan approach to were foisted upon patients and physicians. viders. It will also give providers a greater this difficult issue is an important step for- We are particularly impressed by the word- measure of confidence and comfort in treat- ward in placing the interests of consumers ing in H.R. 2723 relating to external appeals, ing their patients since managed care and and families ahead of politics. NAMI looks the ability of patients to sue their health the managed care plans were foisted upon pa- forward to working with you to ensure pas- plans and managed care organizations like tients and physicians many years ago. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7981

We are particularly impressed by the word- PARALYSIS SOCIETY OF AMERICA, NATIOANAL ASSOCIATION OF ing in H.R. 2723 relating to external appeals, August 23, 1999. SCHOOL PSYCHOLOGISTS, the ability of patients to sue their health Hon. CHARLIE NORWOOD, Bethesda, MD, August 24, 1999. plans and managed care organizations like U.S. House of Representatives, Longworth Hon. CHARLIE NORWOOD, HMOs (just like they can physicians, hos- Building, Washington, DC. Longworth House Office Building, pitals and others who make medical deci- DEAR REPRESENTATIVE NORWOOD: On behalf Washington, DC. sions in patient care), excluding employers of the Paralysis Society of America (PSA), I DEAR REPRESENTATIVE NORWOOD: On behalf from liability unless they are involved in the am writing to voice support for H.R. 2723, the of the National Association of School Psy- same medical decision-making that pres- Bipartisan Consensus Managed Care Im- chologists, (NASP) I am writing to express our strong endorsement of H.R. 2723, the Bi- ently exposes physicians, hospitals, nurses provement Act of 1999. and the life. We are also mindful that oppo- partisan Consensus Managed Care Improve- nents of this type legislation raise ‘‘costs’’ as We are pleased to see that the consensus ment Act of 1999. the issue, saying ‘employers will not be able bill combines the patient protections found NASP is an organization that represents to provide health insurance to their employ- in the major managed care reform bills in- 21,500 school psychologists and related pro- ees if the ERISA preemption is lifted or even troduced in the House this year, including fessionals throughout the world. NASP that lifting this preemptive effect will cause H.R. 216, the Quality Care Act, and H.R. 358, works to actively promote educationally and more lawsuits’. We feel this is a lesser con- the Patients’ Bill of Rights. We also note the psychologically healthy environments for all cern than decisions that adversely affect pa- importance of H.R. 2723 as a bipartisan bill. children and youth. We work together with tient care (all over the country managed Legislators who support this bipartisan bill national coalitions to increase support and care plans are failing—200 in California recognize the importance of a health care funding for primary prevention services and alone). system that balances the cost of service de- mental health programs that deter youth Now may be the last time you have to pro- livery without sacrificing individual patient from delinquent activity, assist them with vide effective relief to patients and their pro- needs. improved learning and provide them with ex- viders. If you do not, our court system may PSA’s membership of more than 19,800 peo- periences and role models to become success- ful in life. In health care, our goal is to in- do it for you (as recent decisions in the last ple consists of individuals with spinal cord crease access and affordability of health and few years seem to strongly indicate.) injury or disease, their family members and mental health services for which coverage is Please vote what is right, fair and just for caregivers, health care professionals, and all patients; we sincerely ask that you sup- often extremely limited or denied. others with an interest in the disciplines of Developing a balanced compromise on the port H.R. 2723. spinal cord medicine and paralysis. As you most controversial of managed care reform Thank you. can imagine, the outcome of patient protec- Sincerely, provisions, the Bipartisan Bill would provide tion legislation speaks directly to the vested essential protections for consumers in the STEVEN C. JOHNSON, CLU, RHU, interest in our membership. President. private health insurance marketplace. The Particular attention is given to those por- Bipartisan Consensus Bill maintains a strong P.S. It is also our understanding that most tions of the legislation covering freedom of utilization review process to require the ‘‘individual’’ health care plans, not currently choice, specialists, and external appeals, oversight of trained personnel, assures fair under ERISA, will not be affected by this clinical trials and privacy. Also of interest appeals, guarantees access to emergency and legislation, or be required to conform to H.R. to our membership are the sections covering urgent care services and holds health plans 2723. please be vigilant of this issue which continued care, freedom of communication, accountable for their decisions. Further- our members have raised. clinical trials reform, incentives to deny more, this bill requires the development of care, and privacy: quality criteria along with performance and ALLIANCE FOR CHILDREN AND FAMILIES, PSA members want the right to freely clinical outcome measures for at-risk indi- August 24, 1999. viduals and people with chronic and severe Hon. CHARLES NORWOOD, choose and/or change their doctor and hos- pital; illness. If H.R. 2723 is passed, this provision U.S. House of Representatives, Washington, DC. will have an important positive impact on DEAR REPRESENTATIVE NORWOOD: We at the PSA members want the right to see a spe- the health care provided to adults with se- Alliance for Children and Families are writ- cialist if they and their doctor determine the vere mental health illnesses, children with ing to express our support for the Bipartisan need is paramount to managing the complex serious emotional disturbances and other Consensus Managed Care Improvement Act health care needs of people with spinal cord people with significant mental disorders who (H.R. 2723), which you have introduced with dysfunction; are increasingly being served in managed Representative Dingell. The Alliance, an PSA members want the right to a second care settings. international nonprofit association rep- and third opinion following denial of cov- Our efforts to improve mental health serv- resenting over 350 child- and family-serving erage by a health plan, at no cost to the pa- ice delivery must include the elimination of organizations, supports this important legis- tient; insurance discrimination against people with lation to protect patients’ rights. Alliance mental disorders and the serious problems members serve more than 5 million individ- PSA members should not be forced to change doctors and hospitals while in the associated with the delivery of mental uals each year in more than 2,000 commu- health care by HMOs. It is time to move be- midst of a course of treatment for a health nities. yond the impasse in this effort. The Bipar- care problem; Broad bipartisan support for this new leg- tisan Bill creates a new ‘‘Patients’ Bill of islation represents a major breakthrough on Doctors must be able to talk freely with rights’’ which should pass the House with behalf of patients’ rights. This bill provides patients without fearing repercussions from minimal dissension. Thank you for your essential protections for all consumers in the health plans. Every doctor should be free to commitment to reaching a workable com- private health insurance marketplace. H.R. discuss anything relative to a patient’s promise to finally provide consumers with 2723 ensures that medical decisions will be in health with the patient, even if the informa- the opportunity to appeal instances of dis- the hands of medical experts. It permits peo- tion may be negative towards the health crimination or denial of care. ple to hold their managed care plans ac- plan. Health plans must not be permitted to Sincerely, countable when plan decisions to withhold or use tactics that discriminate against doctors SUSAN GORIN, CAE, limit care result in injury or death. We be- for cooperation in patient advocacy, such as Executive Director. lieve that holding health plans accountable threats of firing, disciplinary action and by will be a strong incentive for them to deliver providing incentives to deny care; AMERICAN ASSOCIATION OF ORAL, clinically necessary care, minimizing the PSA members should be able to participate AND MAXILLOFACIAL SURGEONS, need for lawsuits. in clinical trials that may maximize their Rosemont, IL, August 26, 1999 We support your bill because it includes independence and quality of life without Hon. CHARLIE NORWOOD, much needed patient protections, strong re- undue interference from their health plan; U.S. House of Representatives, Washington, DC forms of the managed care industry and due and DEAR REPRESENTATIVE NORWOOD: On behalf process protections for providers. It ensures of the American Association of Oral and PSA members are concerned about their that patients have access to a fair and inde- maxillofacial surgeons (AAOMS), which rep- right to privacy. No medical information on pendent external review for cases in which resents the nation’s approximately 6,000 oral a patient should be released without the pa- care is denied. H.R. 2723 also ensures that pa- and maxillofacial surgeons, I thank you for tient’s approval. tients have access to specialists, including, supporting provider nondiscrimination lan- when appropriate, specialists outside a plan’s The right to quality health care and pa- guage as stated in Section 133(a) of the bi- network. tient protection is of primary importance to partisan ‘‘Consensus on Managed Care Im- Thank you for your leadership in pro- the members of the Paralysis Society of provement Act of 1999’’. tecting patients’ rights through the Bipar- America. PSA offers its support, and will We fell that this bill has the strongest tisan Consensus Managed Care Improvement gladly assist you in any way we can to en- chance of being enacted, as it is a bi-partisan Act of 1999. sure that H.R. 2723 is enacted into law. effort and is endorsed by President Clinton. Yours sincerely, Sincerely, AAOMS lends its strong support for the Con- CARMEN DELGADO VOTAW, NANCY STARNES, sensus on Managed Care Improvement Act of Senior Vice President, Public Policy. Director. 1999, and hopes that it is enacted into law. H7982 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Oral and maxillofacial surgeons in your tients, and protections which apply to all clinical trials; provide patients with a fair district and across the nation believe that Americans. appeals process for denied claims; lift bar- provider nondiscrimination is a key compo- Over the last two decades, managed care riers to specialists; and hold plans respon- nent of managed care reform. It is the top has become less interested in delivering sible for the medical decisions they make. legislative priority of the AAOMS. quality healthcare to patients. Instead, the Furthermore, the bill’s broad bi-partisan Thank you again for all your help in mak- focus seems entirely on the bottom line. It is cosponsorship—and announced support from ing sure that provider nondiscrimination time to bring the focus back to our patients President Clinton—makes it Congress’ best language was included in this important and away from HMO profits. Employers and chance to complete action on this important piece of legislation. patients are tired of not receiving the care issue this year. Sincerely, they are promised, pay for, and deserve. H.R. We understand that some within the man- DAVID A. BUSSARD, DDS, MS, 2723 will help bring the quality back into aged care industry oppose any government President. healthcare and allow osteopathic physicians regulation, but this issue is a very important to care for our patients in accordance with one for consumers, health care providers, AMERICAN PODIATRIC the high principles guiding our profession. and the public health community. Your MEDICAL ASSOCIATION, INC., Again, thank you for your leadership on steadfast commitment to reform and your Bethesda, MD, August 31, 1999 this critical issue. We are encouraged by the strong leadership throughout this debate are Hon. CHARLIE NORWOOD, broad bipartisan support your legislation has commendable. H.R. 2723 is a significant and U.S. House of Representatives, Washington, DC. received. The AOA pledges to work with you welcome step toward achieving new protec- DEAR MR. NORWOOD: With regard to HR and all Members of Congress to ensure swift tions for managed care patients. We look for- 2723, the Bipartisan Consensus Managed Care enactment of H.R. 2723. Please feel free to ward to continuing work with you toward Improvement Act of 1999, I am pleased to an- contact Michael Mayers, AOA Assistant Di- achievement of that mutual goal. nounce our unqualified support of the pro- rector of Congressional Affairs, in our Wash- Sincerely, posal. Embodying every principle the asso- ington office at 202–414–0148 with any further RICHARD A. LEVINSON, MD, DPA, ciation has embraced as essential for mean- comments or questions. Associate Executive Director, ingful managed care reform, we are con- Sincerely, Programs and Policy. vinced its enactment is in the best interest EUGENE A. OLIVERI, D.O., of all Americans. President, American Osteopathic Association. NATIONAL PARTNERSHIP The strong bipartisan support your meas- FOR WOMEN & FAMILIES, ure has heretofore generated is compelling AMERICAN COUNSELING ASSOCIATION, Washington, DC, August 13, 1999. evidence that, given a fair hearing by the Alexandria, VA, August 27, 1999. Hon. CHARLES NORWOOD, full House, a comprehensive patient oriented Hon. CHARLES NORWOOD, U.S. House of Representatives, reform package can prevail. To this end we U.S. House of Representatives, Washington, DC. offer our understanding and enthusiastic Washington, DC. DEAR REPRESENTATIVE NORWOOD: The Na- support. DEAR REPRESENTATIVE NORWOOD: I am tional Partnership is pleased to endorse the Best regards! writing on behalf of the more than 51,000 Bipartisan Consensus Managed Care Im- Sincerely Yours, members of the American Counseling Asso- provement Act of 1999 (H.R. 2723). This is RONALD S. LEPOW, DPM, ciation to express our strong support for strong, bipartisan patient protection legisla- President. your legislation H.R. 2723, the Bipartisan tion, and thanks to your hard work, we be- OPTICIANS ASSOCIATION OF AMERICA, Consensus Managed Care Improvement Act lieve it can—and will—pass the House of Fairfax, VA, August 24, 1999. of 1999. This bipartisan patient protection Representatives. Hon. CHARLIE NORWOOD, legislation will afford health care consumers For women and families, few issues reso- Washington, DC. the essential protections necessary to ensure nate as profoundly and pervasively as the DEAR REPRESENTATIVE NORWOOD: On behalf the delivery of quality health care services. need for quality health care. Survey after of the Board of Directors and the members of H.R. 2723 provides a wide array of con- survey reveals Americans’ growing dis- the Opticians Association of America, I am sumer protections including several key satisfaction with the current health care writing to thank you for sponsoring H.R. components for mental health providers and system, and many feel the system is in cri- 2723, the bipartisan managed care improve- their clients, such as putting medical deci- sis. We need common-sense patient protec- ment bill. sions in the hands of medical experts, not tions that will restore consumer confidence This bill would give basic, common-sense the insurance company bureaucrats; the and tip the balance back in favor of patients protections to millions of Americans in man- ability to hold health plans liable when their and the health care providers they rely on. aged care plans, and it is certainly refreshing decisions to withhold or deny care result in There are many features of this bill that to see the bipartisan way in which it was ap- injury or death; adequate access to special- are especially important. First and foremost, proached! ists; a continuity of care clause, and a provi- this bill ensures that medical judgments will In addition, we are pleased to see that the sion to prohibit nondiscrimination against be in the hands of medical experts, not insur- bill contains a point-of-service option and providers based on their type of license. In ance bureaucrats looking at the bottom line. anti-discrimination language which guar- addition these protections would apply to all This bill: antee consumers the widest possible choice privately insured individuals, unlike other Ensures that patients have recourse to a of providers. managed care legislation considered in Con- genuinely independent external review when We look forward to continued collabora- gress. care is denied. tion in the interest of America’s health care Representatives Norwood, we thank you Allows patients to hold their managed care consumers. for your continued advocacy on behalf of plan accountable when plan decisions to Sincerely, health care consumers. This legislation will withhold or limit care result in injury or JACQUELINE E. FAIRBARNS, make a difference to the millions of Ameri- death. Assistant Executive Director for Government cans with private health insurance. Please Ensures that women have direct access to Relations. let us know if we can be of any assistance in ob-gyn services from the participating your work. health care professional of their choice. AMERICAN OSTEOPATHIC ASSOCIATION, Sincerely, Ensures that doctors and nurses can report Washington, DC, August 27, 1999. DONNA FORD, MS, NCC, quality problems without retaliation from Hon. CHARLES NORWOOD, President, American Counseling Association. HMOs, insurance companies, and hospitals. U.S. House of Representatives, Ensures access to specialists, including, Washington, DC. AMERICAN PUBLIC when appropriate, specialists outside a plan’s DEAR CONGRESSMAN NORWOOD: The Amer- HEALTH ASSOCIATION, network. ican Osteopathic Association (AOA) rep- Washington, DC, August 10, 1999. Ensures access to clinical trials that may resents the nation’s 43,500 osteopathic physi- Hon. CHARLES NORWOOD, save people’s lives. cians. As President, I am pleased to let you Washington, DC. The House of Representatives faces an his- know that the AOA endorses your bill, the DEAR REPRESENTATIVE NORWOOD: On behalf toric opportunity to provide patients the ‘‘Bipartisan Consensus Managed Care Im- of the American Public Health Association, protections they need. We look forward to provement Act of 1999’’ (H.R. 2723). which represents more than 50,000 public working with you to ensure passage of this The AOA advocates, on behalf of patients, health professionals around the country, I important legislation. for Congress to enact strong, meaningful, am writing to express our support for your Sincerely, and comprehensive protections. After six new bi-partisan managed care reform bill, JUDITH L. LICHTMAN, years of debate and delay, we believe that H.R. 2723. President. H.R. 2723 is the bipartisan legislation that This bill will provide patients with real, DEBRA L. NESS, will ensure the AOA’s long sought principles. enforceable assurances that they will receive Executive Vice Presi- These include: physicians allowed to deter- the care they need and have purchased from dent. mine medical necessity; health plans held managed care companies. If passed by Con- JOANNE L. HUSTEAD, accountable for their actions; a fair and gress, this bill will: improve access to emer- Director of Legal and independent appeals process available to pa- gency services; allow more people to enter Public Policy. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7983 THE AMERICAN OCCUAPATIONAL tients with ongoing healthcare conditions eral support. The Federal Government THERAPY ASSOCIATION, INC. will greatly benefit from the opportunity to is where the money is. The Federal Bethesda, MD, September 1, 1999. access specialists who are trained in the Government’s money is not made here Hon. CHARLES NORWOOD, treatment of their special conditions. More- in Washington; it all came from the U.S. House of Representatives, over, removing the requirement of a primary Washington, DC care referral will reduce costs and delays local level, so it belongs to the people DEAR REPRESENTATIVE NORWOOD: On behalf that burden health care delivery. out there in the States and in the lo- of the 60,000 members of the American Occu- Other provisions of significance to our or- calities. This is no reason why we can- pational Therapy Association, Inc. (AOTA), I ganization include: an independent review not resolve to use funds from the Fed- would like to express our endorsement for process for determination of medical neces- eral Government to help solve and re- the Bipartisan Consensus Managed Care Im- sity decisions; the ability of people with spe- solve some of the overwhelming prob- provement Act of 1999, H.R. 2723. We appre- cial health care needs and chronic conditions lems that we are facing in education. ciate your leadership, along with Represent- to continue to access their health care pro- ative John Dingell, in continuing to puruse fessionals after employers change plans; the We can still win the war for edu- strong managed care legislation with real ability to hold managed care plans account- cation support. The status of legisla- patient protections through bipartisan ef- able for decisions to deny care; and guaran- tion here at this point does not pre- forts. teed access to emergency care services. clude some major development taking H.R. 2723 contains many critical patient These protections are a superb example of place either before we end this session, protections that the members of AOTA be- how Members from both sides of the aisle or certainly before we end the 106th lieve are necessary to ensure patients re- can work together to improve the quality of ceive the care that they need. Federal legis- medical care for all employees. Your leader- Congress in the fall of the year 2000. lation should: guarantee patients’ access to ship in this effort is truly outstanding and Let us take a look at where we are at all medically necessary specialty care using appreciated. If there is any role our organi- this point. As far as education funding appropriate utilization review standards; zation can play in passage of this legislation, is concerned, we are in bad shape. A protect patients’ right to choose a health please contact our Government Affairs Man- number of appropriations bills have care plan allowing out-of-network care; pro- ager, David Bergman, at (202) 467–5015. Its hibit the restriction of importance medical time to ensure that all American are pro- been stalled, and we have only passed communications and require information vided with the security of a comprehensive two; but the education appropriations disclosure standards; prohibit discrimina- health care system. bill, the Labor-HHS appropriation is tory practices against health care profes- Sincerely, further behind than any of the other sionals; require timely, independent due MICHAEL BOWERS, appropriations in the process. It has process procedures; and hold health plans ac- Executive Director, American Association not even gotten out of the sub- countable for their medical decisions. for Marriage and Family Therapy. committee yet. The appropriations bill H.R. 2723 is considerably more com- f for education, it seems, is being used as prehensive than legislation passed by a scapegoat; and it will be the last one he Senate in July. It is important that AMERICAN PUBLIC PLACES out there, and it will have the greatest these protections are available to all EDUCATION AS A TOP PRIORITY amount of reductions. Americans enrolled in private health The SPEAKER pro tempore (Mr. care plans. I am not on the Committee on Appro- TERRY). Under the Speaker’s an- Over the August recess we have notified priations, but the rumors are that for our members, asking them to talk to their nounced policy of January 6, 1999, the the overall Labor, Health and Human legislators. Please let us know how we can gentleman from New York (Mr. OWENS) Services and Education appropriations, continue to assist you in your efforts to have is recognized for 60 minutes as the des- the cut may range as high as 35 or 40 comprehensive managed care legislation ad- ignee of the minority leader. percent. And certainly education is in dressed on the House floor. Mr. OWENS. Mr. Speaker, we have Again, we thank you for your leadership danger of a 15 to 20 percent cut if we just returned from recess and we are follow the present process whereby and hard work on this issue. We look forward about to enter the closing chapters of to continuing to work with you to pursue there are budget caps. But they are not passage of comprehensive managed care leg- the first session of the 106th Congress. following budget caps on some appro- islation. The end of the first session will only priations bills. They are leaving the Sincerely, take us halfway. We can continue, and last ones to take most of the burden of KATHRYN M. PONTZER, there are probably some things that the cuts. So education is in deep trou- Senior Legislative Counsel, will continue, but we have a full plate ble at this moment in history. But I Federal Affairs Department. here. think we can still win the war. There is a great deal of speculation AMERICAN ASSOCIATION FOR about exactly what is going to happen What I want to talk about tonight is MARRIAGE AND FAMILY THERAPY, how the American public and public Washington, DC, August 23, 1999. with the appropriations bills and the fiscal plan which now is made more ex- opinion, the common sense of the vot- Hon. CHARLES NORWOOD, ers, still is a determining factor here. House of Representatives, citing by the fact that there is a sur- Washington, DC plus. After we lock the box and keep We need to hear that and know that. RE: Bipartisan Consensus Managed Care Im- the Social Security funds in place, we All of the polls still continue to show provement Act of 1999 (H.R. 2823) still have a projection of a 10-year pe- that the American people place edu- DEAR DR. NORWOOD: The American Asso- riod of a trillion dollar surplus, and cation as one of the top priorities, ei- ciation for Marriage and Family Therapy is that has led to some radical proposals ther priority number one or priority writing to express our strong support for the number two, in terms of federal assist- Bipartisan Consensus Managed Care Im- by the Republicans with respect to tax cuts, and that has certainly charged ance, or the use of federal resources to provement Act of 1999 (H.R. 2723). On behalf help solve problems. They expect us to of the 46,000 marriage and family therapists the atmosphere. throughout the United States, we want to I am interested in continuing the dia- do something. They are concerned. And applaud you and Rep. Dingell for your effort logue on education. I think that we are their common sense is correct. Their to provide Americans with comprehensive in danger of making a great blunder if common sense is on target. But what patient protections. we do not use this great window of op- they need to know is that there are a Your bill offers several safeguards that are set of rules being followed and a set of integral to our members, as well as the pub- portunity to do something dramatic to improve education in America. There maneuvers underway that will lead to lic at large. One provision, the prohibition inevitable cuts in education if those on discrimination against providers, has par- is a need for a greater commitment ticular significance. It expands consumer ac- from the Federal Government which rules are followed. cess to qualified practitioners who are regu- now only is responsible for about 8 per- The President is right when he says lated by the states. Without this protection, cent of the total expenditure on edu- that not only do we face cuts in this insurers and plans can continue to discrimi- cation. We need more federal support present year, in the present appropria- nate against many licensed health care pro- for education. tion, but in the bigger scenario that fessionals. Additionally, the provision will foster competition among providers and ex- There are a lot of things that have to the Republicans have staked out, if pand the pool of trained practitioners. happen to improve education in Amer- they go ahead with a gigantic tax cut The ability to access speciality care is also ica, but one of the things that has to of $790 some billion dollars over a 10- a positive component of this legislation. Pa- happen is that we must have more fed- year period, then the mechanics of that H7984 CONGRESSIONAL RECORD — HOUSE September 8, 1999 tax cut dictate that there must be in- mean, in addition to the consideration about, among all the education reform creasing cuts, escalating cuts in edu- of this year’s appropriation and maybe items, why school construction is defi- cation. It would be the greatest blun- next year’s appropriation, we have the nitely the most important. der this Nation has made since it was majority of Republicans projecting 10 Public opinion has made it quite first established if we were to fall into years’ worth of expenditures due to the clear that they do want us to address that pattern where a tax cut and the fact that they have estimated that the the education problem with more than momentum of a tax cut makes it abso- budget surplus will continue and over a lip service and rhetoric, they want lutely necessary that there must be 10-year period, even after we subtract more than sound bytes on television, cuts in the resources that the Federal the portion of the surplus that relates they do want some resources to be ap- Government allocates for education. directly to Social Security, we will plied to the problems. The Republicans have made it clear have close to $1 trillion in surplus over We have had in the last month or so that they do not care about education a 10-year period. several reports on new public opinion at all. They ejected the portion of their They are projecting that they should polls relating to education. And it is tax bill that could have covered a few go ahead and plan to use that money consistent, in fact, it is increasingly of the problems with education con- primarily for a tax cut, more than $790 the public outcry, the public demand struction. We should not have, in my billion over a 10-year period. If we go for the action on the part of Govern- opinion, a great deal of authority in- into that kind of scenario where we are ment with respect to education. vested in the Committee on Ways and talking about 10 years and we are talk- Recent polls show that people are Means to deal with education, but it so ing about an umbrella of a trillion dol- willing to spend money, the majority happens that that was the only vehicle lars, then I think that we need another of people are willing to pay more taxes that the administration felt they could additional proposal on school construc- if necessary to get some movement on utilize. So in the Ways and Means bill, tion. And that proposal is the proposal the establishment of an education pro- through the Tax Code, the only initia- that I have set forth in H.R. 1820. That gram that is suitable for the 21st cen- tive that is on the table to help with deals with $110 billion. tury, an education proposal, an edu- school construction in Washington, is I am going to revise H.R. 1820 soon cation system that fits with the com- H.R. 1660, the bill sponsored by the gen- and take out the 5-year provision ing cybercivilization that we have with tleman from New York (Mr. RANGEL), which is in there now. It is $110 billion great demands for people who have in- and a bill which incidentally is backed over a 5-year period. And in order to tellectual capabilities and are well- by the overwhelming majority of the make it harmonize and fit the scenario trained. And the only way we get them members of the Democratic caucus and that the Republicans have set forth, I is through the process of education. by some Republicans. will make it a 10-year bill, $110 billion In addition to these public opinion H.R. 1660 is in the process of a dis- over a 10-year period and have it be the polls that have been cited recently, charge petition. And I understand that direct appropriations, of course, in ac- there have been several other related more than 190 Members have already cordance with a number of school-aged developments or reports related to edu- signed the discharge petition for H.R. children in each State. cation which I think are very signifi- 1660, and it is projected that we are Each State would be allotted money cant. The New York Times had an arti- going to get above 218 to sign that dis- based on the number of school-aged cle on ‘‘The Digital Brain Drain’’ on charge petition for this school con- children. The money could be used for Thursday of last week, September 2. struction bill via the Tax Code. That is construction of new facilities, for re- The New York Times article reads a process by which the Federal Govern- pair of existing facilities, for wiring to ‘‘The Digital Brain Drain.’’ ment will pay the interest on money allow for technology in the schools, for There are so many computers and so borrowed by the States and the local- construction related to security, and much interest in computers now at the ities for school construction. for the elimination of health threat- college level and the high school level It is a good beginning. It moves from ening conditions and elimination of un- that there is little interest in the hard zero to proposing that the Federal Gov- safe conditions. sciences. We have criticism now of ernment authorize the borrowing of up So it would be a bill with great flexi- computers becoming more dominant as to $25 billion over a 5-year period and bility allowing each State to take the far as students are concerned with re- the Federal Government would be re- appropriation that it receives on the spect to their choices as to what they sponsible, through tax credits, for pay- basis of the number of school-aged chil- want to do in life or what they want to ing the interest on the money bor- dren and apply them in the areas of study, if they do not have to study rowed, which is expected to come to greatest need for their infrastructure chemistry and they do not want to about $3.7 or $4 billion. Close to $4 bil- problems. bother with chemistry and they do not lion of federal commitment would be I think probably every State and cer- want to bother with physics. involved in that kind of approach. tainly probably every school district This article by Claudia H. Dorsch in also has some problems with infra- the New York Times laments the fact b 2200 structure that would be helped by such that the interest in hard sciences is Now, that is the approach that is the a bill. waning, definitely declining, decreas- pragmatic thing in the present playing As I said before, this is a scenario for ing. field. The President and administration the larger playing field, the 10-year, One man, Jim Ivy, it starts fears that do not see any other way to move for- trillion-dollar surplus playing field. So his son Jonathan, a freshman business ward and start a process of involving H.R. 1660 we will support and should major at Pennsylvania State Univer- the Federal Government in school con- support if that is going to be the name sity, will graduate from college with- struction. And if we have to accept the of the game. If it is going to be within out ever having taken a chemistry present playing field, the budget caps the confines of the present budget course. and the restrictions on the budget making and appropriation setting proc- Mottville High School, a New Jersey process that were there before we found ess, yes. But if we are going to move to school, did not require chemistry and we had a surplus, then that is a good the 10-year scenario and we are going his advisors at Penn State says he can move. to have $794 billion on the table for a skip it there, too. I certainly am a cosponsor of H.R. tax cut, then we need on that same On and on they go to talk about how 1660, one of the persons who signed the table to have $110 billion for school young people are choosing to focus on discharge petition. I think we should construction. computer and computer science being go full speed ahead and try to make the Or even if we are going to have $300 where it is at and biotechnology and discharge process add up to a discus- billion, which some say may be the physics and a number of other areas sion on the floor of H.R. 1660. That is compromise, $300 billion, $400 billion are suffering already and are likely to what is acceptable now on the present for a tax cut, we still need a substan- suffer more. playing field. tial comparable approach and a com- We have more foreign students in Beyond the present playing field, parable amount for school construc- graduate schools. The number of people though, we have a new scenario. I tion. And I will talk in a few minutes who are studying sciences in graduate September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7985 school has declined, the number of proposal for more teachers to the class- I do not subscribe to slogans like Americans has declined to the point room in order to decrease the ratio of that, but that slogan has caught on and where the number of graduate level pupils to teachers and have fewer pu- everybody seems to believe it is true students who are foreign is greater pils in a classroom for teachers at the and it is positive. ‘‘No more social pro- than the number who are American in lowest levels will mean that the young- motion’’ means we have a lot of young- our graduate schools science programs. sters will be more likely to learn to sters sitting in schools and would have Now, my answer to this is that what read. Because whatever we do in chem- gone on to another school from elemen- this is saying is that, in our increas- istry or physics or computer science, tary school to junior high school, but ingly complex society, where more and however we may change the classroom with ‘‘no more social promotion’’ they more demands for people with intellec- in terms of the addition of new tech- are sitting there in seats that already tual capabilities, whether it is science, nology, it all begins with reading. are scarce. And we are going to have law, medicine, whatever it may be, the If kids cannot read, then they will more of a problem because we do not pool is too small. not be able to survive, they will not be have a construction program to go What we are really confronting here able to benefit from all of the addi- with it. is the fact that the number of young tional education accouterments that I contend that if we really want to people who are graduating from high we add. They must know how to add. improve education, at the heart of im- school and going to college is so small They must know how to do the basic proving education is a school mod- that we have to take a scarcity ap- math. They must get the basics at a ernization construction program. That proach and pit one profession against very early age. And we cannot touch is the role that the Federal Govern- the other, one field of study against the system at the top or doctor the sys- ment can play best because that is the other. tem at the top and hope to get the kind where we need the most resources. If the pool was larger, if we were of results that we need. We need to That is where localities are stretched keeping pace, then an education sys- have the entire system in motion. out and cannot meet those demands. tem that was preparing an adequate So we need to improve education in Let us face it, even in the parts of number of students to go into college every way. And the President’s pro- the country where construction has the more and more because we are going posal for more teachers to the class- lowest cost, it still costs quite a bit to into a cybercivilization where sci- room, $1.2 billion, is on target. We need build our schools. And certainly in the entific competence and learning are re- much more than that, however. Be- areas that are poorest they have dete- quired to a much greater degree than cause in order to get smaller class- riorating schools because they have ever before, let us recognize it and put rooms, we need more than the addition not had the funds to keep them going the emphasis in our resource allocation of teachers, we need the addition of in many cases and, therefore, there is on education to get more youngsters some more classrooms. We condition some help needed from the Federal into the pool. teach a first grade class with one Government. Now, to get more youngsters into the teacher at one side of the room and an- b 2215 pool who are going to go to college and other teacher at another side of the study science, computers, or English or room. It will not work at lower levels. Even in areas like New York City and math, we need people right across the It may work at higher levels you can New York State which have surpluses, whole spectrum. So we need people in have two classes in one room. I recall it ought to apply those surpluses more social sciences so that they can help when I went to school at Shelby Coun- to school construction and we ought to keep our society on course. ty schools, a very poor area, certainly put pressure on having the State and Science will not save us. We have the segregated schools for African- the city apply part of their surpluses to just seen that one of the superpowers, Americans were quite squeezed and the school modernization and construction the two great superpowers of the world, 7th and 8th grades were in the same and the people of the State and the the Soviet Union, very proficient in room, 7th grade on one side and 8th people of the city ought to wake up and science. They almost beat us to the grade on the other. And we made do. demand that. moon. They certainly beat us into If we had been younger levels, I do The Federal Government still needs outer space. They have right now, as not think we would have ever been able to help. They can never meet the de- they had before, the capability of deliv- to have order on one side while there mand with the amount of surplus, even ering nuclear warheads anywhere in was complete order on the other side if they applied the entire surplus to the world with their vast rocket power. and have been able to move in some school construction and modernization. The scientists and the engineering kind of constructive way with a room So we need to send a message to all capability of the Soviet Union was as- full of young children. I do not think it the people in the education family, to tounding. But the whole nation col- is possible. the children, the teachers, the adminis- lapsed. Why did it collapse with such We need more classrooms if we are trators, that we really care about edu- brilliant scientists and systems that going to have smaller sizes. We need cation because we are going to deal were able over a short period of time classrooms that do not send a message with the problem that they cannot deal relatively to produce a very sophisti- to children. We cannot take the kids with and that is give them a safe, cated technical and scientific society? into the hall, as I have seen in a num- healthy, conducive place to study. It collapsed because something was ber of schools, where they have got This is just one of the developments missing. them at the end of a hall because there that I wanted to note. The digital brain So we do not want to have educated is no place to put them. drain where we are talking about how people, the people who are our leaders In some cases they are in closets that horrible it is that computer science who come out of the colleges, who are have been enlarged, storage rooms that now competes with physics and chem- only proficient at sciences, whether it have been enlarged. And people have istry and how our scientific endeavors, is computer science or chemistry or said that it is not happening, but there research capacity is going to suffer physics. They must also, right across have been some converted restrooms. greatly because so many people are the board, we must have a supply of Boys and girls restrooms have been being taken out of the hard sciences, people who are competent and able to converted and used as classrooms in natural sciences, to go into computer lead us politically and socially. some schools. It is that bad. science, I think this is a very sad. So the pool needs to be enlarged. We School is about to start in New York There is a very good article that need to maximize the number of young- City, and there will be more crises in brings to our attention a major prob- sters who flow up from elementary terms of finding a place to have these lem but the problem here is not that school to high school, from high school youngsters sit. Finding a place to sit computer science is mean and com- into college, and from college into grad now is more complicated by the fact puter science is conducting raids on school and life-long learning, in the that we have a new policy which every- the other scientists, the drama, that case of most of us, for the future. body from one end of the Nation to the kind of nonsense we do not need. What In order to do this, we have to begin other has applauded, ‘‘no more social we need to understand is that we need at the lowest level. President Clinton’s promotion.’’ a larger pool of people from which all H7986 CONGRESSIONAL RECORD — HOUSE September 8, 1999 of the sciences and the nonsciences started blowing fuses. The wiring for allocation of $1 trillion will be decided. draw their students. We need more stu- the school was inadequate and could We will have time to catch our breath. dents in college. We need more stu- not accept the modern technology. We The Republican proposals have kind dents who pass the SAT tests. We need are back to the major problem of infra- of overwhelmed us. They proposed a more students who are able to take us structure, the great need for construc- $794 billion tax cut. The Democrats into this new cyber civilization. tion, school construction, and the need have not countered that with any pro- Another article appeared in the New for the Federal Government to be in- posal of substance. We know that our York Times, the same day. Calculators volved in carrying school construction leadership wants a diversified package throw teachers a new curve, Thursday, forward. which will include allocations for September 2. This article talks about What are our chances? Why do I say Medicare, for education, for a few other students reprogramming powerful that we can still win the war for edu- programs, but we do not know exactly math aids to play games and maybe get cation support; we can still win the how much. We do not know whether a leg up on the SAT. war to get a significant appropriation they are going to be willing to change Well, computers are being utilized in for school construction? I think that the formula or change the approach the most advanced classes via calcula- even if we had some decision-making in with respect to school construction and tors and doing all kinds of things not this session of Congress, this first half place a substantial, adequate amount, just with the usual basic calculations of the 106th Congress, there is time, if on the table for school construction but with equations and drawing graphs we wake up and understand the power over the next 10 years. and all kinds of utilizations of the cal- that is out there among the parents We may not see the leadership move culator to advance the students’ edu- and the students, the public opinion is unless the public pressures the leader- cation to solve problems, and many there. On education, we have only the ship to come to its senses. Not to use schools are now allowing these calcula- example of politicians and elected offi- this opportunity to finance school con- tors to be used during the tests, and I cials ignoring the polls. It is an amaz- struction on a meaningful basis would think some plans are being made for ing phenomena how we see the polls constitute one of the most devastating the national tests to also allow cal- saying that education is important and blunders in the history of the Nation. culators to be used. we ignore the fact that they keep ask- It would be a great blunder for us not The thing that struck me about the ing for something more significant to use the opportunity now, while we article, it is a long article and a very than we are giving. Everybody proposes have a surplus, to strike a blow against positive article about how young peo- some nickel and dime education pro- our deteriorating infrastructure and a ple are able to master these computers gram but the public keeps demanding blow in favor of building up that phys- and come up with such original and something that is really going to deal ical infrastructure and sending a mes- creative ideas, but what caught my at- with the problem in a more basic way. sage to the school boards and the tention most was an inset article by There are people who say that no teachers and the administrators that Jennifer Lee, which talks about some major decisions are going to be made we care; we care enough to take off schools cannot afford hardware and about the trillion dollar, 10-year sur- their back the problem of the physical training. And the fact that the digital plus in this session, that we are not infrastructure. Now they should take gap between those who are rich enough going to be able to deal with it; there care of the other problems. to be able to have the kind of school is too little time; it is going to be car- Yes, the Federal Government can technology that is most up-to-date and ried over to the next session. help with research. They can help with most relevant because it can connect That gives us more time. I think curriculum standardization. They can up with the Internet, it can do all the time is on our side. help with experimentation and the dis- things that the most up-to-date com- There are other people who say that semination of information about what puters and technology can do, these we may have some kind of unusual works and what does not work. There schools cannot even afford the calcula- coming together of the White House are a thousand ways the Federal Gov- tors. It points out that some parents and the Republican leadership and the ernment can help, but the way it can are now complaining about the fact Congress and we have a deal made this help most is to foot the bill for a large that calculators are being used in the year. I hope not. I fear any kind of part of the school construction nec- classroom; their youngsters cannot af- rapid deal, because that tends to leave essary; give the facility, give the infra- ford them and they are placed at a dis- out public opinion. If public opinion is structure, take away that burden from advantage. allowed to operate long enough, if the local and State governments totally. A number of government and founda- common sense of the people out there They should not have the total burden, tion grants are now available to help is allowed to stay in play, we are going but local governments and State gov- schools purchase calculators, and other to win this war for education support. ernments certainly need to contribute forms of technology, but hardware in We are going to win this war to get more to school construction and the the poorest schools may be only a part meaningful appropriations for edu- pressure should be on the national of the problem because they find that cation. basis and part of the participation of they do not have the teachers and the We may have a giant omnibus, con- the Federal Government can help to software that can utilize the hardware tinuing resolution. The continuing res- stimulate that. that other schools have available. So it olution will mean that basic decisions The window of fiscal opportunity is is again another aspect of the digital about new programs such as a multibil- open now. We have a projection of $1 divide between the poorest schools and lion dollar tax cut will not be made. It trillion now. If we go ahead and allow the more well to do schools with re- will be carried over to next year. Let it that window to close, if we allow a spect to being able to afford the mod- be carried over, and remember that huge Republican tax cut to take place ern instruments that can improve their time is on our side. The force is with and the $1 trillion to go primarily to- education and enable them to pass the us. We have truth. We have logic. We ward the tax cut, there is nothing left necessary requirements to move on to have reason. We have so much on our for us in order to deal with the need for college and to qualify for all of these side. education funding and for construc- many professions that need new sci- It is amazing how blind our leader- tion. entists and new information tech- ship is not to understand that school Education is not just another non- nology workers. construction is a place where the Fed- defense expenditure. I think we need It is important to note that in a eral Government can make the great- expenditures in several areas: Child speech that President Clinton made at est contribution for the improvement care programs, social programs, but Olney, Maryland, yesterday, he pointed of education. education is a key because it is invest- out the fact that he had visited one So it will be carried over until next ment. It is an investment in the future school and that they told him that the year, election year 2000. Next year is an for the coming generation. Education school could not utilize the computers election year. That will be the battle is going to help us solve the problem of and the technology that they had be- ground. That will be the place where Social Security. The major problem cause when they hooked it all up it the long-term fiscal plan, the 10-year that Social Security faces is that the September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7987 number of people who will be drawing tional system work, if possible, so we tion and the physical infrastructure, down their Social Security payments is have something to compare with. What then there are funds available for other going to be greater than the number of is learned through a voucher program programs and other approaches to the people working to put payments into may be utilized in the public school local education agency and the local the Social Security fund. If we do not system. schools. So we ought to build. As my col- get a labor pool out there that is going b 2230 to fill the jobs that are going to be leagues know, I think that we cannot available, or if we have to fill the jobs Certainly we must realize via com- emphasize it too much. Every elected with foreigners or we have to contract mon sense and simple logic that most official, every leader in the African out and send the work overseas, we do of the 53 million children in America American community ought to identify not get the benefit in our Social Secu- who go to school are going to have to with the need for school construction, rity fund for that. Our economy does go to public schools for a long time. No school modernization. We ought to un- not get enriched by the salaries that matter what kind of legislation Con- derstand that the chain reaction of are paid to workers who are in another gress passes or the State legislatures hope can only be set off if we send a country. So education is not just an- pass, there is not a capacity out there clear message that we are going to do other nondefense expenditure. to replace the public schools. We are something different in a big way. Investment in the future of coming going to have to have public schools for You know, there is a time when brick generations is best taken care of via another generation at least, no matter and mortar are considerations, are the the education route. We cannot allow what we do. most important considerations in ral- ourselves to blunder into a situation So improvement of public schools is a lying people. What you do in terms of where we do not provide out of this necessary part of any serious, sincere concrete and bricks send a bigger mes- pool of a trillion dollars a substantial reform effort. We must build in 2000, sage and a better message and a more amount of money for education. build schools and we will set up a inspiring message than anything else School construction crystallizes the whole chain reaction. you can do. If you are willing to build, Federal commitment. It crystallizes I think that we ought to be positive then that is a commitment. Time is on our side. I think we can the commitment of elected officials for about it and assume that we are going still win. As I said before, reason is on education. It crystallizes the national to build in 2000. I have a hard hat here our side, logic is on our side. When po- commitment. If we do something on which is part of a campaign that we are litical expediency continues to be school construction which is meaning- kicking off at the Congressional Black blinded to the obvious, then common ful we can stimulate and accelerate all Caucus weekend next week to wake up sense out there among the voters and of the other school improvement ef- the African American community to among the people that have to point forts out there. Without modernization the fact that we must play a key role. the way. and construction, we are facing an It is a Congressional Black Caucus weekend. The African American com- We probably have a school facility abandonment of the public school sys- problem in every district. There is at munity must provide a leadership role tem. least one school in every congressional in stimulating efforts to gain more re- A lot of the people who are against a district. So we ought to be able to get sources from the Government for meaningful school construction pro- the message through to the Members, school construction. gram are really scheming to have the but it will not happen automatically. There are people who have given up, public school system scuttled. If we do You have to be willing to devote time and there are some public opinion not build, if there are no buildings, we and energy and communicate. are sending a message that we are polls, and the Republican majority has We are communicating in one way, abandoning the process. Why should certainly brought those to our atten- through the polls and the focus groups. teachers, why should educators, prin- tion, which say that black parents, Af- We have let the Members of Congress cipals, why should even students be- rican American parents in the big cit- know, let the White House know; ev- lieve us when we say that education is ies in large numbers opt to use vouch- erybody knows that people want more important if we are going to allow ers or charter schools. They want to resources devoted to education. What buildings to fall down around them? abandon the public school system. we have not been able to understand is There are people that advocate They talk about more than 50 percent. that the only significant things that vouchers, which is an extreme ap- So the people who are being used to can be done, there are some significant proach to education reform. I am not tear down the public school system cer- things that can only be done by the going to be so blind as to say vouchers tainly ought to be alerted to the fact Federal Government, and the Federal are not a good idea for experimen- that there are clear alternatives. Government needs to accept its role in tation. Maybe they can tell us some- I know what is happening. Most of us a very important and expensive propo- thing significant, but I think the who are in leadership positions know sition such as school construction. vouchers ought to be funded out of pri- that African American parents have We should not think that it is impos- vate sources. We have enough founda- been disappointed by reforms; they are sible to do this. We are at a point now tions, enough corporations, who favor disappointed by no movement in their where we have a proposal on the table vouchers to fund a voucher system. schools. Certainly those who are by the administration. President Clin- The capacity of private schools in brightest and those who are most con- ton has been called the education presi- this country right now is very limited. cerned about their children become dent for good reasons. Nobody else in The number of youngsters who are very restless, and they do not believe Washington has provided over such a going to private schools using vouchers that there is a real effort to improve long period of time a comprehensive is so limited until certainly there is public schools, and they have given up. program for the improvement of edu- enough money in the foundation and They will take any alternative, charter cation. Whatever the criticism one corporation world to fund it and let us schools or vouchers. They do not make may have of it, at least there is a com- see how it works via funding from the a distinction, just any alternative to prehensive program and not just an at- private sector instead of using public the public school system. tempt to raid the education coffers in school funds to fund vouchers. Now if we say we are going to not order to give money to the local level To say we are going to experiment abandon the public school system, and under some slogan, a block grant slo- with the improvement of education a lot of those problems related to read- gan or dollars to the classroom slogan, while having vouchers and pull the ing, related to counseling and a num- but no real program based on research, money out of the public school system ber of other very difficult problems evidence. We have evidence that small- and definitely dooming the public that for years we have been struggling er classrooms make a big difference. school system to continued mediocrity with, we are going to give you the op- We have research to support that, so or a struggle to make ends meet, then portunity, let the educators and the the thrust of the administration’s pro- we are not improving education in an administrators have the opportunity gram is to get more money to school overall way. Part of the experiment re- and the resources, because if we are de- districts to hire more teachers in the quires that we try to make the tradi- voting federal funds to school construc- early grades. H7988 CONGRESSIONAL RECORD — HOUSE September 8, 1999 There are other programs, after- As my colleagues know, as a matter cation is important, do not abolish the school centers. There has been a lot of of levity let me just remind you of Department of Education, do not cut attention paid by this administration; some of the things that we did to get school lunches, do not cut Head Start. they paid a lot of attention to the fact our message across. We had to some- If you come out here and try to run on that you need new technology. They times be a little humorous with it. On that kind of platform, you are doomed led the movement. The President him- April 4, 1995, I recall an item I put in to defeat. self and the Vice President led the the CONGRESSIONAL RECORD which in- The focus groups and the public opin- movement to wire schools with volun- cluded a poem about school lunches. It ion polls told the Republicans they teers when nothing else was working. was very serious, and we were very were off course, and they did an about The E-rate is a result of this adminis- upset about the fact that they were face that was 360 degrees. Instead of a tration standing fast and insisting that proposing to cut school lunches. You $4 billion cut, we got a $4 billion in- the telecommunications law be fol- might have forgotten, so let me just crease, the largest increase in edu- lowed and interpreted in the most gen- read from the item that I entered into cation funding in the last few decades, erous way possible. So we have the E- the RECORD in 1995 on April 4. since the Great Society entered the rate. Mr. Speaker, a final word has not yet whole area of elementary and sec- There are a number of things that been said about the Republican swindle ondary education. this administration has done that we of the children who receive free So we have difficult roadblocks can applaud, but it has not gone far lunches in the schools across our Na- placed in front of us in the past, and we enough, and the playing field has tion. But the final, most authoritative have overcome it. The enemies of edu- changed. If you are now dealing with a figures have been established by the cation have been forced to retreat in trillion dollar surplus over a 10-year Congressional Budget Office. The very other cases. The E-rate last year, just period, then let us have a program for conservative but thorough Congres- a few months ago we were fighting the that 10-year scenario. Let us have a sional Budget Office has estimated that battle of the E-rate. What is the E-rate school construction program for that the Republicans will capture slightly all about? The E-rate was a promise 10-year scenario. more than $2 billion from their block made by the corporations and tele- As my colleagues know, there have communications leaders to help edu- been times when it seemed that we granted school lunch program. This will be $2 billion more to go into the cation in exchange for some amazing could not win and things were impos- concessions in the Telecommuni- sible, and folks have said, as my col- tax cut for the rich. See, the present concern about tax cations Act of 1996. After they had got- leagues know, it is just reckless for ten all these concessions and all the de- you to stand on the floor and ask for cuts for the rich is not the only at- tempt to give big tax cuts to the rich. regulation they wanted, they begin to $100 billion dollars, $110 billion over a renege on the agreement; and when the 10-year period. It is impossible. Well, We had one before. This is a scenario filled with horror. FCC proposed to provide discounted there were days when we faced other funding to schools and libraries, and impossibilities. In the early days of the It conjures up the image of a poster, that poster that was famous during the that is what Congress had asked them 104th Congress, shortly after the Re- to do, discounted funding, they got op- publican majority took control in the war where the finger of Uncle Sam was pointed out at you, and it said: I need position from a wide number of cor- days of the Contract with America porations and some Members of the there were proposals to abolish the De- you. That kind of image is now being conveyed to the children of America. House and Members of the Senate, and partment of Education. We had two I came to this floor at that time and former Republican Secretaries of Edu- They are saying: this Nation needs your lunch. made an appeal to the schoolchildren cation come to the House and testify of America. before committees calling for the abol- And I put together a small rap poem b ishment of the Department of Edu- that goes as follows: 2245 cation. That was a major item on the This Nation, the Nation, needs your lunch. I happened to be speaking early in agenda of the Contract with America, Kids of America, there is a fiscal crunch. the evening on that day, so I made a to get rid of the Department of Edu- This great Nation now needs your lunch. special appeal to children, and between To set the budget right, the school children and their parents cation. Go hungry for one night. That same Congress in those years Don’t eat what we can save. and all the ordinary citizens who might proposed that we cut education dras- Be brave. not have children but have common tically. We cut in 1995 a proposal on the Patriots stand out above the bunch, sense out there, this thing has been table called for almost a $4 billion cut Proudly surrender lunch. turned around. in education programs including Head Kids of America, nutrition is not for you. On Sunday, August 15, in a New York Start, including Title I. Those are days Sacrifice for the rich few. Times there was a report which reads where things seemed almost doomed in Be a soldier and play dead. as follows: ‘‘Phone fee for school Inter- terms of federal, the federal commit- The F–22 might rescue you. net service seems to be too popular to The seawolf sub might bring some hot grub; ment and federal aid to education. overturn. Phone fee for school Internet Now hear this: There is a fiscal crunch. service seems to be too popular to over- But we kept fighting. We fought a This Nation needs your lunch. good battle in school lunches where Pledge allegiance to the flag, turn.’’ school lunches were also cut. Mobilize your own brown bag. Certain corporations were opposing There are some people who are wor- The enemy deficit must be defeated. the E-Rate. A simple matter. The FCC ried about protocol, and they say my Nutrition suicide squads are desperately passed the regulations which required hat is against the rules; is that what needed. that money be paid into a fund. It is a you are saying? Well, I will hold it Kids of America, there is a fiscal crunch. universal fund that already exists for here; is that all right? We have some This great Nation now needs your lunch. other purposes, so they expanded that arcane rules, and we worry about the Mr. Speaker, it is ridiculous for the fund to include money that would go wrong things. But the important point Republican majority to call for cutting into libraries and schools to pay a part was made. We need to understand that school lunches. Let it happen, and we of their costs for telecommunications. school construction has to be pursued overcame that. We woke up the Amer- Up to 90 percent of the cost would be relentlessly, and while they worry ican public. It did not happen auto- paid in the poorer schools, but all about where you wear the hat here, any matically that we moved from 1995 pro- schools would get about 20 percent. kind of hat, even a demonstration hat posals by Republican majority for a $4 Even the most wealthy schools would on the floor, while they worry about billion tax cut, education cut, to a 1996 get a 20 percent discount. that, let us worry about the real prob- position in the closing days of the same This would help them to continue on lems out there, and remember that in Congress where they proposed a $4 bil- an ongoing basis to pay the costs of the darkest days of the 104th Congress lion increase. having technology in their schools. The when they proposed to cut school The difference was public opinion, on-line services, the telecommuni- lunches, Head Start, et cetera, we kept common sense. The people of America cations services would be partially paid fighting, we kept fighting. stood up to the nonsense and said edu- out of this fund. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7989 The FCC proposed $2.4 billion. There one-third to $2.25 billion in the coming Businesses have subsidized residential users. was such a hue and cry here in Con- school year. That makes it one of the Fed- Urban customers have subsidized those in gress and by the corporations who took eral Government’s largest education pro- rural areas. The affluent have paid more so them to court, and all the muscle was grams—much larger, for example, than the that poor people could afford telephones. $1.5 billion the Government is allocating this The theory has been that everyone benefits brought into play behind the scenes. year to vocational and adult education. from universal access to telephones, just as Forget about the American people and ‘‘Once you have large sums of money pour- everyone benefits from a national highway school kids who would benefit from ing into every school district in the country, system and mail service that reaches every- this. it’s impossible to turn off the spigot,’’ said a where in the country. So much muscle was brought into lobbyist who has worked against the pro- Reed E. Hundt, who was Mr. Gore’s prep- play that the FCC backed down. They gram. school classmate and the F.C.C. chairman cut the $2.4 billion in half. It became Another opponent of the program, Adam from 1994 to 1997, saw the communications Thierer, a communications policy specialist law as the path toward the Administration’s $1.2 billion. They moved for their first at the Heritage Foundation, agreed there goal of wiring classrooms and libraries. funding at 50 percent of the amount was no turning back. ‘‘Pork barrel has won Under the policy that he developed and that that they had originally decided. out, no doubt about it,’’ he said. has been followed by his successor, Mr. Well, we appealed to the ordinary ‘‘This technology has such appeal,’’ Mr. Kennard, long-distance companies pay a fee people and the children of America to Thierer added. ‘‘If you’re against this, you’re of slightly less than 1 percent of their rev- counterattack; and, as a result, this re- viewed as being against children. The polit- enue into a universal service fund. port now says that nobody in high ical dynamic at play here is very powerful.’’ Two-thirds of the money raised by the fee In his State of the Union Message in 1996, places now is willing to fight the battle is spent on telephone service for rural com- President Clinton set the goal of connecting munities and poor people. The other third, against the E-Rate. We raised it back every classroom and library to the Internet $2.25 billion a year, is earmarked for the E- now to $2.25 billion, up from the $1.7 it by the turn of the century. Now, because of rate program. This covers 20 percent to 90 had been cut down to. the E-rate, it appears as if that goal will es- percent of the cost of wiring and paying the I know, because I went with members sentially be met, and the President often monthly bills from Internet service pro- of the Congressional Black Caucus to speaks of the success. viders. The poorer the schools’ students or the hearing where the final vote was At a political fund-raiser a week ago in the libraries’ neighborhood, the higher the taken to raise it back to the amount of Little Rock, Ark., with Vice President Gore percentage of the cost that is covered. at his side, Mr. Clinton declared: ‘‘Al Gore $2.25 billion. That hearing was a great The companies pass along the cost of the led the fight to make sure that the Federal fee to their customers. AT&T, for instance, event, where we restored the promise Government required all the schools in this charges residential accounts 99 cents a that had been made to the schools and country to have affordable rates so that month. MCI World-com charges customers libraries of America. every classroom in the poorest schools in 7.2 percent of their long-distance bill. Sprint Now they are saying nobody is wag- America can be hooked up to the Internet. charges 6.3 percent. One-third of this fee ing war in any significant way. There He did that, and he deserves credit for it.’’ pays for the E-rate. are still some court suits being Administration officials seize every oppor- The cost of the E-rate program to most brought. I don’t know where MCI is tunity to point out the local benefits. In a consumers is 30 to 40 cents a month—about speech in Houston last month, William E. now on this whole matter, but MCI was the cost of a postage stamp, Mr. Kennard fre- Kennard, the chairman of the Federal Com- quently says. one of the huge corporations that munications Commission, said, ‘‘This week The program had a rocky start. Faced with brought a suit, and I will include for we were able to send nearly $12 million to criticism in Congress and a report of poor the RECORD this article. schools and libraries right here in Texas.’’ management by Government auditors, Mr. [From The New York Times National, Aug. Everyone agrees that schools and libraries Kennard cut back the financing last year to 15, 1999] should have access to modern technology. $1.7 billion from the original $2.25 billion. Mr. Thierer, for example, said he would not But across the country, from the biggest PHONE FEE FOR SCHOOL INTERNET SERVICE want his children to go to a school that was cities to the most remote communities the SEEMS TO BE TOO POPULAR TO OVERTURN not connected to the Internet. response from schools and libraries has been (By David E. Rosenbaum) The controversy has been over whether the enthusiastic. Complaints from long-distance WASHINGTON, Aug. 14—Two years ago, when way to accomplish the goal is through the customers who are footing the bill have the Government imposed a new fee on long- back door. The Federal Communications dwindled. distance telephone companies to raise money Commission, not Congress, decides how Joseph Salvati, coordinator of the E-rate for Internet connections at schools and li- much money should be spent under the E- program for New York City public schools, braries, the reaction from some quarters was rate program and who should receive it. And said 7 to 12 classrooms in every school in the ferocious. rather than raise the money through general city would be wired for high-speed Internet Republican politicians, assuming that peo- taxes, it all comes from the fee on long-dis- service when school opens for the new year. ple would be outraged by the extra charges tance telephone service. The city received about $70 million for the showing up on their phone bills, called it the ‘‘I do not doubt that there is a benefit to program through last June and expects an- ‘‘Gore tax’’ because Vice President Al Gore wiring our classrooms and libraries today,’’ other $70 million in the new school year, Mr. had championed the program. said Senator Kay Bailey Hutchison, Repub- Salvati said Conservative academics accused the Clin- lican of Texas. ‘‘But to require captive con- Elva Scott, the volunteer librarian in ton Administration of distorting the market- sumers to pay the full cost does not pass the Eagle, Alaska, an isolated community with place, quietly expanding the Federal role in fairness test.’’ 500 residents near the border with the Yukon education and creating a new, expensive en- From the Administration’s perspective, Territory, said her library’s grant allowed titlement program. the problem is that the Republican Congress her to offer residents 30 minutes of free time The long-distance carriers were quick to would never have approved money directly on the Internet every month and more time put new line items on phone bills identifying for Internet connections. at a charge of $3 for every 30 minutes. the extra charges they were passing along to The E-rate program grew out of the sweep- ‘‘Before this,’’ Ms. Scott said, ‘‘we were customers, and they screamed that costs ing 1996 legislation that rewrote the nation’s really out of the loop.’’ would skyrocket. 62-year-old communications law. The meas- Republican opponents clearly misjudged But the program, officially called the E- ure, a product of countless compromises and the public’s willingness to pay a small rate, has proved to be so popular that even tradeoffs, instituted a new era of competi- amount of money to accomplish what is seen the harshest critics now agree that further tion in telephone and data services. as an important social goal. Encouraged by complaints are futile. One section of the legislation requires tele- the political support and a new management What happened was that pork barrel phone companies (and providers of cellular structure, Mr. Kennard returned in May to trumped political, ideological and commer- phone and pager services) to pay a fee to the the $2.25 billion annual level. cial concerns. Federal Communications Commission so His position was bolstered last month In the new school year, 80,000 schools and that all Americans can have access to afford- when the United States Court of Appeals for libraries across the country will have new or able telephone service and so that schools, li- the Fifth Circuit rejected a challenge to the improved high-speed Internet access because braries and rural hospitals and clinics can program on the ground that the fee imposed of the program, and a total of more than one receive discounts on telephone service and by the F.C.C. was an unconstitutional tax. million individual classrooms, in every state Internet access. But in Washington, even the strongest sup- and presumably every Congressional district, The size of the fee and the exact nature of porters of universal access to the Internet will be wired. the services it would cover were left up to still worry about whether the communica- While a tight lid has been imposed on al- the commission to determine. tions commission should be running a major most all other Government programs, spend- Ever since telephones became a central education program rather than Congress or ing for the E-rate, which appears nowhere in part of American life early in this century, the Department of Education or the edu- the Federal budget, has been increased by some telephone users have subsidized others. cation authorities in the states and cities. H7990 CONGRESSIONAL RECORD — HOUSE September 8, 1999

‘‘It’s a wonderful program,’’ said Patricia MCI Mr. HOYER, for 5 minutes, today. Aufderheide, a professor of communications With justice no civil tie Mr. PALLONE, for 5 minutes, today. at American University here and the author MCI Ms. JACKSON-LEE of Texas, for 5 min- of a book on the 1996 telecommunications Filthy sty utes, today. law. ‘‘But it’s certainly making education In the star spangled eye policy in a backward way.’’ MCI Mr. CUMMINGS, for 5 minutes, today. Mr. BLUMENAUER, for 5 minutes, Mr. Speaker, I think people ought to Wants E-Rate to die today. know that the phone fee for school MCI Makes children cry. Mr. RUSH, for 5 minutes, today. Internet service seems to be too pop- I think we ought to be reminded that Ms. LEE, for 5 minutes, today. ular to overturn. that kind of appeal was necessary to Mr. DEFAZIO, for 5 minutes, today. Mr. Speaker, I will also enter into bring common sense back to the pol- (The following Members (at the re- the RECORD another entry that I made icymakers who were rallying against quest of Mr. KINGSTON) to revise and on July 17, 1998, in the CONGRESSIONAL MCI, as well as the big corporate pow- extend their remarks and include ex- RECORD already. I think it is time to ers. traneous material:) look at it again. It is called ‘‘The Mas- So we can win some of these battles. Mr. MORAN of Kansas, for 5 minutes, sacre of the E-Rate Continues.’’ At My point is we can win. Let us remem- today. that time I thought some humor would ber these battles that we have won. Mr. DIAZ-BALART, for 5 minutes, Sep- help wake children up to what was There was a point where they wanted tember 9. really going on. It is called ‘‘The E- to cut the Public Broadcasting funds. I Mr. NETHERCUTT, for 5 minutes, Sep- Rate KILLER.’’ think we came and talked about Big tember 9. MCI Bird and Sesame Street, and they Mr. SHAW, for 5 minutes, today. Wants E-Rate to die backed down on that. We have won bat- Mr. WALDEN of Oregon, for 5 minutes, Children cry tles. We have forced retreats. today. Big shots lie In this situation it may not be a situ- Mr. JONES of North Carolina, for 5 Pigs kidnap the sky ation of forcing a retreat or winning a minutes, September 9. MCI battle. It is a matter of getting it on Mr. KASICH, for 5 minutes, today. Wants E-Rate to die the table, construction for schools, Mr. DUNCAN, for 5 minutes, today. Deadbeat dinosaur school construction, school moderniza- Mr. KINGSTON, for 5 minutes, today. Monster Corporate Idiots tion, funds to facilitate greater school Mr. KINGSTON, for 5 minutes, Sep- MCI security, funds to eliminate unhealthy tember 9. Never shy and unsafe conditions. If that gets on Greedy grinch the table when the discussion takes f Stealing all the pie place about the $1 trillion surplus, then SENATE BILLS REFERRED MCI we will have won the battle. Bills of the Senate of the following With justice no civil tie I propose $110 billion over a 10-year titles were taken from the Speaker’s MCI period to keep pace with and be com- table and, under the rule, referred as Filthy sty parable to the Republican tax cut pro- follows: In the star spangled eye posal, but if you get less, we still have MCI won the battle. But let us go forward S. 199. An act for the relief of Alexandre Wants E-Rate to die Malofienko, Olga Matsko, and their son, and understand that we cannot give up. Vladimir Malofienko; to the Committee on MCI The force is with us; the education Makes children cry. the Judiciary. president is with us. This education S. 452. An act for the relief of Belinda THE MASSACRE OF THE E-RATE president can be persuaded, as he has McGregor; to the Committee on the Judici- CONTINUES in the past, he can be persuaded to ex- ary. Mr. OWENS. Mr. Speaker, the massacre of pand his horizons, and we hope we can S. 620. An act to grant a Federal charter to the infant E-Rate continues. Certain greedy help persuade him to expand the school Korean War Veterans Association, Incor- corporations have chose to persecute and be- construction proposal. porated, and for other purposes; to the Com- tray the children of America by denying The working families and unions are mittee on the Judiciary. them vital access to education technology in S. 632. An act to provide assistance for poi- their schools and libraries. After the Tele- with us. I have here, the hard hats are son prevention and to stabilize the funding communications Act of 1996 enriched these with us, so we want the hard hats and of regional poison control centers; to the giant corporations by removing certain regu- all the forces combined to fight harder Committee on Commerce. lations and allowing an unprecedented in- and understand this is a battle we can f crease in their profits, MCI and others have win, this is a war we can win. The force chose to renege on the deal. The tele- is with us. Education is an investment ENROLLED BILL SIGNED communications corporations gave their that America needs. It will be a great Mr. THOMAS, from the Committee word that they would support an earmarking blunder not to have all possible effort of a portion of the Universal Access Fund on House Administration, reported just for Schools and libraries. Now corpora- to improve education taking place. that that committee had examined and tions and misguided political leaders have f found truly enrolled a bill of the House forced the Federal Communications Commis- LEAVE OF ABSENCE of the following title, which was there- sion to cut the original funding goal by fifty upon signed by the Speaker: By unanimous consent, leave of ab- per cent. On behalf of the 30,000 schools and On August 5, 1999: libraries that applied for funding, and all of sence was granted to: H.R. 1664. An act providing emergency au- the children of America we demand that full Mr. MCHUGH (at the request of Mr. thority for guarantees of loans to qualified funding for the E-Rate be restored imme- ARMEY) for today on account of family steel and iron ore companies and to qualified diately. The children of America have a mes- matters. oil and gas companies, and for other pur- sage for corporations like MCI: f poses. THE E-RATE KILLER Mr. THOMAS, from the Committee MCI SPECIAL ORDERS GRANTED on House Administration, reported Wants E-Rate to die By unanimous consent, permission to that that committee had examined and Children cry address the House, following the legis- found truly enrolled bills of the House Big shots lie lative program and any special orders of the following titles, which were Pigs kidnap the sky heretofore entered, was granted to: thereupon signed by the Speaker pro MCI (The following Members (at the re- Wants E-Rate to die tempore (Mr. WOLF): Deadbeat dinosaur quest of Mr. MCNULTY) to revise and On August 10, 1999: Monster Corporate Idiots extend their remarks and include ex- H.R. 211. An act to designate the Federal MCI traneous material:) building and United States courthouse lo- Never shy Mr. SCOTT, for 5 minutes, today. cated at 920 West Riverdale Avenue in Spo- Greedy grinch Mr. BROWN of Ohio, for 5 minutes, kane, Washington as the ‘‘Thomas S. Foley Stealing all the pie today. United States Courthouse’’, and the plaza at September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7991 the south entrance of such building and States Courthouse’’, and the plaza at the emptions [OPP–300899; FRL–6093–3] (RIN: courthouse as the ‘‘Walter F. Horan Plaza’’. south entrance of such building and court- 2070–AB78) received July 27, 1999, pursuant to H.R. 1219. An act to amend the Miller Act, house as the ‘‘Walter F. Horan Plaza’’. 5 U.S.C. 801(a)(1)(A); to the Committee on relating to payment protections for persons On August 12, 1999: Agriculture. providing labor and materials for Federal H.R. 1664. Providing emergency authority 3868. A letter from the Director, Office of construction projects. for guarantees of loans to qualified steel and Regulatory Management and Information, H.R. 1568. An act to provide technical, fi- iron ore companies and to qualified oil and Environmental Protection Agency, transmit- nancial, and procurement assistance to vet- gas companies, and for other purposes. ting the Agency’s final rule—Glufosinate eran owned small businesses, and for other f Ammonium; Pesticide Tolerances for Emer- purposes. gency Exemptions [OPP–300900; FRL–6092–8] H.R. 1905. An act making appropriations ADJOURNMENT (RIN: 2070–AB78) received August 6, 1999, pur- for the Legislative Branch for the fiscal year Mr. OWENS. Mr. Speaker, I move suant to 5 U.S.C. 801(a)(1)(A); to the Com- ending September 30, 2000, and for other pur- mittee on Agriculture. poses. that the House do now adjourn. 3869. A letter from the Director, Office of H.R. 2565. An act to clarify the quorum re- The motion was agreed to; accord- Regulatory Management and Information, quirement for the Board of Directors of the ingly (at 10 o’clock and 52 minutes Environmental Protection Agency, transmit- Export-Import Bank of the United States. p.m.), the House adjourned until to- ting the Agency’s final rule—Pyriproxyfen; f morrow, Thursday, September 9, 1999, Re-establishment of Tolerances for Emer- at 10 a.m. gency Exemptions [OPP–300909; FRL–6098–1] (RIN: 2070–AB78) received August 16, 1999, SENATE ENROLLED BILL SIGNED f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- The SPEAKER announced his signa- mittee on Agriculture. ture to an enrolled bill of the Senate of EXECUTIVE COMMUNICATIONS, ETC. 3870. A letter from the General Counsel, the following title: Federal Emergency Management Agency, On August 6, 1999: Under clause 8 of rule XII, executive transmitting the Agency’s final rule—Na- S. 606. An act for the relief of Global Explo- communications were taken from the tional Flood Insurance Program (NFIP); In- ration and Development Corporation, Kerr- Speaker’s table and referred as follows: surance Coverage and Rates (RIN: 3067–AD00) received August 11, 1999, pursuant to 5 U.S.C. McGee Corporation, and Kerr-McGee Chem- 3861. A letter from the Congressional Re- 801(a)(1)(A); to the Committee on Banking ical, LLC (successor to Kerr-McGee Chemical view Coordinator, Animal and Plant Health and Financial Services. Corporation), and for other purposes. Inspection Service, Department of Agri- 3871. A letter from the General Counsel, The SPEAKER pro tempore (Mr. culture, transmitting the Department’s final Federal Emergency Management Agency, OLF rule—Mediterranean Fruit Fly: Removal of W ) announced his signature to en- transmitting the Agency’s final rule— Quarantined Area [Docket No. 98–083–5] re- rolled bills of the Senate of the fol- Changes in Flood Elevation Determinations ceived August 24, 1999, pursuant to 5 U.S.C. lowing titles: [Docket No. FEMA–7292] received August 11, 801(a)(1)(A); to the Committee on Agri- On August 10, 1999: 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the culture. S. 507. An act to provide for the conserva- Committee on Banking and Financial Serv- 3862. A letter from the Administrator, Ag- tion and development of water and related ices. ricultural Marketing Service, Department of resources, to authorize the United States 3872. A letter from the General Counsel, Agriculture, transmitting the Department’s Army Corps of Engineers to construct var- Federal Emergency Management Agency, final rule—Raisins Produced From Grapes ious projects for improvements to rivers and transmitting the Agency’s final rule— Grown in California; Use of Estimated Trade harbors of the United States, and for other Changes in Flood Elevation Determina- Demand to Compute Volume Regulation Per- purposes. tions—received August 11, 1999, pursuant to 5 centages [Docket No. FV99–989–4 FR] re- S. 1543. An act to amend the Agricultural U.S.C. 801(a)(1)(A); to the Committee on ceived August 24, 1999, pursuant to 5 U.S.C. Adjustment Act of 1938 to release and pro- Banking and Financial Services. 801(a)(1)(A); to the Committee on Agri- tect the release of tobacco production and 3873. A letter from the General Counsel, culture. marketing information. Federal Emergency Management Agency, 3863. A letter from the Agricultural Mar- S. 1546. An act to amend the International transmitting the Agency’s final rule—Na- keting Service, Department of Agriculture, Religious Freedom Act of 1998 to provide ad- tional Flood Insurance Program (NFIP); transmitting the Department’s final rule— ditional administrative authorities to the Group Flood Insurance Policy (RIN: 3067– Tomatoes Grown in Florida; Partial Exemp- United States Commission on International AC35) received August 11, 1999, pursuant to 5 tion From the Handling Regulation for Pro- Religious Freedom, and to make technical U.S.C. 801(a)(1)(A); to the Committee on ducer Field-Packed Tomatoes [Docket No. corrections to that Act, and for other pur- Banking and Financial Services. FV98–966–2 IFR] received August 24, 1999, poses. 3874. A letter from the General Counsel, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Federal Emergency Management Agency, f mittee on Agriculture. transmitting the Agency’s final rule—Final BILLS PRESENTED TO THE 3864. A letter from the Administrator, Ag- Flood Elevation Determinations—received ricultural Marketing Service, Department of PRESIDENT August 11, 1999, pursuant to 5 U.S.C. Agriculture, transmitting the Department’s 801(a)(1)(A); to the Committee on Banking Mr. THOMAS, from the Committee final rule—Oranges and Grapefruit Grown In and Financial Services. on House Administration, reported Lower Rio Grande Valley in Texas; Increased 3875. A letter from the General Counsel, that that committee did on the fol- Assessment Rate [Docket No. FV99–906–2 FR] Federal Emergency Management Agency, lowing dates present to the President, received August 24, 1999, pursuant to 5 U.S.C. transmitting the Agency’s final rule—Final 801(a)(1)(A); to the Committee on Agri- for his approval, bills of the House of Flood Elevation Determinations—received culture. August 11, 1999, pursuant to 5 U.S.C. the following titles. 3865. A letter from the Administrator, Ag- 801(a)(1)(A); to the Committee on Banking On August 5, 1999: ricultural Marketing Service, Department of and Financial Services. H.R. 2465. Making appropriations for mili- Agriculture, transmitting the Department’s 3876. A letter from the General Counsel, tary construction, family housing, and base final rule—Soybean Promotion and Research Federal Emergency Management Agency, realignment and closure for the Department Program: Procedures to Request a Ref- transmitting the Agency’s final rule—List of of Defense for the fiscal year ending Sep- erendum [No. LS–98–001] received August 24, Communities Eligible for the Sale of Flood tember 30, 2000, and for other purposes. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Insurance [Docket No. FEMA–7718] received On August 11, 1999: Committee on Agriculture. August 16, 1999, pursuant to 5 U.S.C. H.R. 1568. To provide technical, financial, 3866. A letter from the Congressional Re- 801(a)(1)(A); to the Committee on Banking and procurement assistance to veteran view Coordinator, Animal and Plant Health and Financial Services. owned small businesses, and for other pur- Inspection Service, Department of Agri- 3877. A letter from the Director, Corporate poses. culture, transmitting the Department’s final Policy and Research Department, Pension H.R. 1219. To amend the Miller Act, relat- rule—Viruses, Serums, Toxins, and Analo- Benefit Guaranty Corporation, transmitting ing to payment protections for persons pro- gous Products; Update of Incorporation by the Corporation’s final rule—Allocation of viding labor and materials for Federal con- Reference for Rabies Vaccine [Docket No. 97– Assets in Single-Employer Plans; Interest struction projects. 103–2] received August 24, 1999, pursuant to 5 Assumptions for Valuing Benefits—received H.R. 2565. To clarify the quorum require- U.S.C. 801(a)(1)(A); to the Committee on Ag- August 10, 1999, pursuant to 5 U.S.C. ment for the Board of Directors of the Ex- riculture. 801(a)(1)(A); to the Committee on Education port-Import Bank of the United States. 3867. A letter from the Director, Office of and the Workforce. H.R. 211. To designate the Federal building Regulatory Management and Information, 3878. A letter from the Director, Regula- and United States courthouse located at 920 Environmental Protection Agency, transmit- tions Policy and Management Staff, Food West Riverside Avenue in Spokane, Wash- ting the Agency’s final rule—Propiconazole; and Drug Administration, Department of ington, as the ‘‘Thomas S. Foley United Extension of Tolerances for Emergency Ex- Health and Human Services, transmitting H7992 CONGRESSIONAL RECORD — HOUSE September 8, 1999 the Department’s final rule—Food Additives Administration’s final rule—Indirect Food the Administration’s final rule—Fisheries of Permitted for Direct Addition to Food for Additives: Adjuvants, Production Aids, and the Exclusive Economic Zone Off Alaska; Human Consumption; Sucralose [Docket No. Sanitizers [Docket No 98F–0824] received Au- Northern Rockfish in the Central Regulatory 99F–0001] received August 16, 1999, pursuant gust 16, 1999, pursuant to 5 U.S.C. Area [Docket No 990304062–9062–01; I.D. to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Commerce. 080399B] received August 11, 1999, pursuant to Commerce. 3888. A letter from the Director, Office of 5 U.S.C. 801(a)(1)(A); to the Committee on 3879. A letter from the Director, Regula- Congressional Affairs, Nuclear Regulatory Resources. tions Policy and Management Staff, Food Commission, transmitting the Commission’s 3897. A letter from the Acting Director, Of- and Drug Administration, Department of final rule—General Statement of Policy and fice of Sustainable Fisheries, National Ma- Health and Human Services, transmitting Procedures for NRC Enforcement Actions rine Fisheries Service, National Oceanic and the Department’s final rule—Secondary Di- [NUREG–1600, Rev.1] received August 16, Atmospheric Administration, transmitting rect Food Additives Permitted in Food for 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Administration’s final rule—Fisheries of Human Consumption [Docket No. 98F–0014] Committee on Commerce. the Exclusive Economic Zone Off Alaska; Pa- received August 16, 1999, pursuant to 5 U.S.C. 3889. A letter from the Assistant Secretary cific Ocean Perch in the Central Regulatory 801(a)(1)(A); to the Committee on Commerce. for Fish and Wildlife and Parks, Fish and Area [Docket No. 990304062–9062–01; I.D. 3880. A letter from the Director, Office of Wildlife Service, Department of the Interior, 080399A] received August 11, 1999, pursuant to Regulatory Management and Information, transmitting the Department’s final rule— 5 U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- MIGRATORY BIRD HUNTING; Migratory Resources. ting the Agency’s final rule—Approval and Bird Hunting Regulations on Certain Federal 3898. A letter from the Deputy Assistant, Promulgation of Implementation Plans; Indian Reservations and Ceded Lands for the Administrator for Fisheries, National Ma- Minnesota [MN44–02–7269a; FRL–6414–9] re- 1999–2000 Early Season (RIN: 1018–AF24) re- rine Fisheries Service, National Oceanic and ceived August 6, 1999, pursuant to 5 U.S.C. ceived August 25, 1999, pursuant to 5 U.S.C. Atmospheric Administration, transmitting 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Resources. the Administration’s final rule—Fisheries of 3881. A letter from the Director, Office of 3890. A letter from the Assistant Secretary the Northeastern United States; Northeast Regulatory Management and Information, for Fish and Wildlife and Parks, Fish and Multispecies Fishery; Gulf of Maine (GOM) Environmental Protection Agency, transmit- Wildlife Service, Department of the Interior, Cod Landing Limit Adjustment [Docket No. ting the Agency’s final rule—Texas: Final transmitting the Department’s final rule— 990727204–9204–01; I.D. 072299A] (RIN: 0648– Authorization of State Hazardous Manage- Migratory Bird Hunting; Early Seasons and AM87) received August 16, 1999, pursuant to 5 ment Program Revisions [FRL–6424–1] re- Bag and Possession Limits for Certain Mi- U.S.C. 801(a)(1)(A); to the Committee on Re- ceived August 16, 1999, pursuant to 5 U.S.C. gratory Game Birds in the Contiguous sources. 801(a)(1)(A); to the Committee on Commerce. United States, Alaska, Hawaii, Puerto Rico, 3899. A letter from the Acting Director, Of- 3882. A letter from the Director, Office of and the Virgin Islands (RIN: 1018–AF24) re- fice of Sustainable Fisheries, National Ma- Regulatory Management and Information, ceived August 25, 1999, pursuant to 5 U.S.C. rine Fisheries Service, National Oceanic and Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Resources. Atmospheric Administration, transmitting ting the Agency’s final rule—Approval and 3891. A letter from the Acting Director, Of- the Administration’s final rule—Fisheries of Promulgation of State Plans for Designated fice of Sustainable Fisheries, National Ma- the Exclusive Economic Zone Off Alaska; Facilities and Pollutants; Control of Emis- rine Fisheries Service, Department of Com- Other Rockfish in the Western Regulatory sions From Hospital/ Medical/ Infectious merce, transmitting the Administration’s Area of the Gulf of Alaska [Docket No. Waste Incinerators (HMIWIs); State of Mis- final rule—Fisheries of the Exclusive Eco- 990304062–9062–01; I.D. 080999B] received Au- souri [MO 080–1080a; FRL–6421–6] received nomic Zone Off Alaska; Sablefish by Vessels gust 16, 1999, pursuant to 5 U.S.C. August 16, 1999, pursuant to 5 U.S.C. Using Trawl Gear in the Central Regulatory 801(a)(1)(A); to the Committee on Resources. 3900. A letter from the Acting Director, Of- 801(a)(1)(A); to the Committee on Commerce. Area of the Gulf of Alaska [Docket No. fice of Sustainable Fisheries, National Ma- 3883. A letter from the Director, Office of 990304062–9062–01; I.D. 080999I] received Au- rine Fisheries Service, National Oceanic and Regulatory Management and Information, gust 16, 1999, pursuant to 5 U.S.C. Atmospheric Administration, transmitting Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Resources. the Administration’s final rule—Fisheries of ting the Agency’s final rule—Oklahoma: In- 3892. A letter from the Acting Director, Of- the Exclusive Economic Zone Off Alaska; Pa- corporation by Reference of State Hazardous fice of Sustainable Fisheries, National Ma- cific Ocean Perch in the Central Regulatory Waste Management Program [FRL–6423–8] rine Fisheries Service, Department of Com- Area of the Gulf of Alaska [Docket No. received August 24, 1999, pursuant to 5 U.S.C. merce, transmitting the Department’s final 990304062–9062–01; I.D. 080999A] received Au- 801(a)(1)(A); to the Committee on Commerce. rule—Fisheries of the Exclusive Economic gust 16, 1999, pursuant to 5 U.S.C. 3884. A letter from the Special Assistant to Zone Off Alaska; Northern Rockfish in the 801(a)(1)(A); to the Committee on Resources. the Bureau Chief, Mass Media Bureau, Fed- Central Regulatory Area of the Gulf of Alas- 3901. A letter from the Acting Director, Of- eral Communications Commission, transmit- ka [Docket No. 990304062–9062–01; I.D. 080999J] fice of Sustainable Fisheries, National Ma- ting the Commission’s final rule—Amend- received August 16, 1999, pursuant to 5 U.S.C. rine Fisheries Service, National Oceanic and ment of Section 73.202(b), Table of Allot- 801(a)(1)(A); to the Committee on Resources. Atmospheric Administration, transmitting ments, FM Broadcast Stations, (Clifton, Illi- 3893. A letter from the Acting Assistant the Administration’s final rule—Fisheries of nois) [MM Docket No 98–213 RM–9352] (Len- Secretary, Fish and Wildlife Service, trans- the Exclusive Economic Zone Off Alaska; nox, South Dakota) [MM Docket No 98–215 mitting the Service’s final rule—Migratory Northern Rockfish in the Central Regulatory RM–9370] (Sibley, Iowa) [MM Docket No 98– Bird Hunting; Final Framework for Early- Area [Docket No. 990304062–9062–01; I.D. 219 RM–9390] received August 9, 1999, pursu- Season Migratory Bird Hunting Regulations 080399B] received August 16, 1999, pursuant to ant to 5 U.S.C. 801(a)(1)(A); to the Committee (RIN: 1018–AF24) received August 24, 1999, 5 U.S.C. 801(a)(1)(A); to the Committee on on Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Resources. 3885. A letter from the Special Assistant to mittee on Resources. 3902. A letter from the Acting Director, Of- the Chief, Mass Media Bureau, Federal Com- 3894. A letter from the Acting Director, fice of Sustainable Fisheries, National Ma- munications Commission, transmitting the Sustainable Fisheries, National Oceanic and rine Fisheries Service, National Oceanic and Commission’s final rule—Amendment of Sec- Atmospheric Administration, transmitting Atmospheric Administration, transmitting tion 73.202(b), Table of Allotments, FM the Administration’s final rule—Fisheries off the Administration’s final rule—Fisheries of Broadcast Stations (Lufkin and Corrigan, West Coast States and in the Western Pa- the Economic Exclusive Zone Off Alaska; Texas) [MM Docket No. 98–135 RM–9300 RM– cific; Pacific Coast Groundfish Fishery; Trip Deep-water Species Fishery by Vessels using 9383] received August 9, 1999, pursuant to 5 Limit Adjustments [Docket No. 981231333– Trawl Gear in the Gulf of Alaska [Docket U.S.C. 801(a)(1)(A); to the Committee on 8333–01; I.D. 072699C] received August 11, 1999, No. 990304062–9060–01; I.D. 080399C] received Commerce. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- August 16, 1999, pursuant to 5 U.S.C. 3886. A letter from the Special Assistant to mittee on Resources. 801(a)(1)(A); to the Committee on Resources. the Bureau Chief, Mass Media Bureau, Fed- 3895. A letter from the Acting Director, Of- 3903. A letter from the Acting Director, Of- eral Communications Commission, transmit- fice of Sustainable Fisheries, National Ma- fice of Sustainable Fisheries, National Ma- ting the Commission’s final rule—Amend- rine Fisheries Service, National Oceanic and rine Fisheries Service, National Oceanic and ment of Section 73.202(b), Table of Allot- Atmospheric Administration, transmitting Atmospheric Administration, transmitting ments, FM Broadcast Stations (Annville, the Administration’s final rule—Fisheries of the Administration’s final rule—Fisheries of Kentucky) [MM Docket No. 99–51 RM–9454] the Economic Exclusive Zone Off Alaska; the Exclusive Economic Zone Off Alaska; Pa- (Liberty, Pennsylvania) [MM Docket No. 99– Deep-water Species Fishery by Vessels using cific Ocean Perch in the Central Regulatory 52 RM–9455] (Clarendon, Pennsylvania) [MM Trawl Gear in the Gulf of Alaska [Docket Area [Docket No. 990304062–9062–01; I.D. Docket No. 99–53 RM–9456] (Ridgeley, West No. 990304062–9060–01; I.D. 080399C] received 080399A] received August 16, 1999, pursuant to Virginia) [MM Docket No. 99–54 RM–9457] re- August 11, 1999, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on ceived August 9, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. Resources. 801(a)(1)(A); to the Committee on Commerce. 3896. A letter from the Acting Director, Of- 3904. A letter from the Acting Director, Of- 3887. A letter from the Director, Regula- fice of Sustainable Fisheries, National Ma- fice of Sustainable Fisheries, National Oce- tions Policy and Management Staff, Food rine Fisheries Service, National Oceanic and anic and Atmospheric Administration, trans- and Drug Administration, transmitting the Atmospheric Administration, transmitting mitting the Administration’s final rule— September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7993 Fisheries of the Exclusive Economic Zone 3913. A letter from the Program Analyst, Committee on Transportation and Infra- Off Alaska; Northern Rockfish in the West- Office of the Chief Counsel, FAA, Depart- structure. ern Regulatory Area of the Gulf of Alaska ment of Transportation, transmitting the 3923. A letter from the Program Analyst, [Docket No. 990304062–9062–01; I.D. 081399A] Department’s final rule—Amendment to Office of the Chief Counsel, FAA, Depart- received August 24, 1999, pursuant to 5 U.S.C. Class E Airspace; Wayne, NE [Airspace Dock- ment of Transportation, transmitting the 801(a)(1)(A); to the Committee on Resources. et No. 99–ACE–29] received August 16, 1999, Department’s final rule—Airport Name 3905. A letter from the Acting Director, Of- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Change and Revision of Legal Description of fice of Sustainable Fisheries, National Ma- mittee on Transportation and Infrastruc- Class D, Class E2 and Class E4 Airspace rine Fisheries Service, National Oceanic and ture. Areas; Barbers Point NAS, HI [Airspace Atmospheric Administration, transmitting 3914. A letter from the Program Analyst, Docket No. 99–AWP–11] received August 16, the Administration’s final rule—Fisheries of Office of the Chief Counsel, FAA, Depart- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Exclusive Economic Zone Off Alaska; Pa- ment of Transportation, transmitting the Committee on Transportation and Infra- cific Ocean Perch in the West Yakutat Dis- Department’s final rule—Amendment to structure. trict [Docket No. 990304062–9062–01; I.D. Class E Airspace; Hebron, NE [Airspace 3924. A letter from the Program Analyst, 081299A] received August 24, 1999, pursuant to Docket No. 99–ACE–27] received August 16, Office of the Chief Counsel, FAA, Depart- 5 U.S.C. 801(a)(1)(A); to the Committee on 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Transportation, transmitting the Resources. Committee on Transportation and Infra- Department’s final rule—Modification of the 3906. A letter from the National Marine structure. Orlando Class B Airspace Area, Orlando, FL; Fisheries Service, National Oceanic and At- 3915. A letter from the Program Analyst, and Modification of the Orlando Sanford Air- mospheric Administration, transmitting the Office of the Chief Counsel, FAA, Depart- port Class D Airspace Area, Sanford, FL Administration’s final rule—Fisheries of the ment of Transportation, transmitting the [Airspace Docket No. 95–AWA–4] (RIN: 2120– Caribbean, Gulf of Mexico, and South Atlan- Department’s final rule—Modification of AA66) received August 10, 1999, pursuant to 5 tic; Coastal Migratory Pelagic Resources of VOR Federal Airways, MO [Airspace Docket U.S.C. 801(a)(1)(A); to the Committee on the Gulf of Mexico and South Atlantic; No. 99–ACE–14] (RIN: 2120–AA66 ) received Transportation and Infrastructure. Catch Specifications [Docket No. 990506120– August 16, 1999, pursuant to 5 U.S.C. 3925. A letter from the Program Analyst, 9220–02; I.D. 032499E] (RIN: 0648–AL80) re- 801(a)(1)(A); to the Committee on Transpor- Office of the Chief Counsel, FAA, Depart- ceived August 24, 1999, pursuant to 5 U.S.C. tation and Infrastructure. ment of Transportation, transmitting the 801(a)(1)(A); to the Committee on Resources. 3916. A letter from the Program Analyst, Department’s final rule—Revision of Class E 3907. A letter from the Program Analyst, Office of the Chief Counsel, FAA, Depart- Airspace; Galveston, TX [Airspace Docket Office of the Chief Counsel, FAA, Depart- ment of Transportation, transmitting the No. 99–ASW–09] received August 10, 1999, pur- ment of Transportation, transmitting the Department’s final rule—Amendment to suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department’s final rule—Airworthiness Di- Class E Airspace; SMITH Center, KS [Airspace mittee on Transportation and Infrastruc- rectives; Airbus Model A310 Series Airplanes Docket No. 99–ACE–32] received August 16, ture. [Docket No. 99–NM–17–AD; Amendment 39– 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3926. A letter from the Program Analyst, 11242; AD 99–16–07] (RIN: 2120–AA64) received Committee on Transportation and Infra- Office of the Chief Counsel, FAA, Depart- August 16, 1999, pursuant to 5 U.S.C. structure. ment of Transportation, transmitting the 801(a)(1)(A); to the Committee on Transpor- 3917. A letter from the Program Analyst, Department’s final rule—Revision of Class E tation and Infrastructure. Office of the Chief Counsel, FAA, Depart- Airspace; Antlers, OK [Airspace Docket No. 3908. A letter from the Program Analyst, ment of Transportation, transmitting the 99–ASW–17] received August 10, 1999, pursu- Office of the Chief Counsel, FAA, Depart- Department’s final rule—Amendment to ant to 5 U.S.C. 801(a)(1)(A); to the Committee ment of Transportation, transmitting the Class E Airspace; Jefferson, IA [Airspace on Transportation and Infrastructure. Department’s final rule—Airworthiness Di- Docket No. 99–ACE–31] received August 16, 3927. A letter from the Program Analyst, rectives; Raytheon Aircraft Company Model 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Office of the Chief Counsel, FAA, Depart- Beech 1900D Airplanes [Docket No. 98–CE– Committee on Transportation and Infra- ment of Transportation, transmitting the 123–AD; Amendment 39–11247; AD 99–16–12] structure. Department’s final rule—Revision of Class E (RIN: 2120–AA64) received August 16, 1999, 3918. A letter from the Program Analyst, Airspace; Altus, OK [Airspace Docket No 99– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Office of the Chief Counsel, FAA, Depart- ASW–16] received August 10, 1999, pursuant mittee on Transportation and Infrastruc- ment of Transportation, transmitting the to 5 U.S.C. 801(a)(1)(A); to the Committee on ture. 3909. A letter from the Program Analyst, Department’s final rule—Amendment to Transportation and Infrastructure. 3928. A letter from the Chief, Office of Reg- Office of the Chief Counsel, FAA, Depart- Class E Airspace; Babylon, NY [Airspace ulations and Administrative Law, USCG, De- ment of Transportation, transmitting the Docket No. 99–AEA–05] received August 16, Department’s final rule—Airworthiness Di- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the partment of Transportation, transmitting rectives; Bell Helicopter Textron Canada Committee on Transportation and Infra- the Department’s final rule—Safety Zone: Model 230 Helicopters [Docket No. 98–SW–52– structure. The Clinton Bluefish Festival Fireworks Dis- AD; Amendment 39–11244; AD 99–16–09] (RIN: 3919. A letter from the Program Analyst, play, Clinton Harbor Clinton, CT [CGD01–99– 2120–AA64) received August 16, 1999, pursuant Office of the Chief Counsel, FAA, Depart- 118] (RIN: 2115–AA97) received August 10, to 5 U.S.C. 801(a)(1)(A); to the Committee on ment of Transportation, transmitting the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. Department’s final rule—Amendment to Committee on Transportation and Infra- 3910. A letter from the Program Analyst, Class E Airspace; Thedford, NE; Correction structure. Office of the Chief Counsel, FAA, Depart- [Airspace Docket No. 99–ACE–23] received 3929. A letter from the Program Analyst, ment of Transportation, transmitting the August 16, 1999, pursuant to 5 U.S.C. Office of the Chief Counsel, FAA, Depart- Department’s final rule—Airworthiness Di- 801(a)(1)(A); to the Committee on Transpor- ment of Transportation, transmitting the rectives; Boeing Model 747–400 Series Air- tation and Infrastructure. Department’s final rule—Airworthiness Di- planes [Docket No. 99–NM–180–AD; Amend- 3920. A letter from the Program Analyst, rectives; Airbus Model A300–600 Series Air- ment 39–11243; AD 99–16–08] (RIN: 2120–AA64) Office of the Chief Counsel, FAA, Depart- planes [Docket No 99–NM–189–AD, Amend- received August 16, 1999, pursuant to 5 U.S.C. ment of Transportation, transmitting the ment 39–11249, AD 99–16–14] (RIN: 2120–AA64) 801(a)(1)(A); to the Committee on Transpor- Department’s final rule—Modification of received August 16, 1999, pursuant to 5 U.S.C. tation and Infrastructure. Class E Airspace; Kingman, AZ [Airspace 801(a)(1)(A); to the Committee on Transpor- 3911. A letter from the Program Analyst, Docket No. 97–AWP–21] received August 16, tation and Infrastructure. Office of the Chief Counsel, FAA, Depart- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3930. A letter from the Program Analyst, ment of Transportation, transmitting the Committee on Transportation and Infra- Office of the Chief Counsel, FAA, Depart- Department’s final rule—Airworthiness Di- structure. ment of Transportation, transmitting the rectives; Boeing Model 737–600, -700, and -800 3921. A letter from the Program Analyst, Department’s final rule—Airworthiness Di- Series Airplanes [Docket No. 99–NM–188–AD; Office of the Chief Counsel, FAA, Depart- rectives; Bell Helicopter Textron, Inc. Model Amendment 39–11246; AD 99–16–11] (RIN: 2120– ment of Transportation, transmitting the 204B, 205A, and 205A–1 Helicopters [Docket AA64) received August 16, 1999, pursuant to 5 Department’s final rule—Amendment to No. 98–SW–73–AD; Amendment 39–11252; AD U.S.C. 801(a)(1)(A); to the Committee on Class E Airspace; Rock Rapids, IA [Airspace 99–17–03] (RIN: 2120–AA64) received August 16, Transportation and Infrastructure. Docket No. 99–ACE–15] received August 16, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3912. A letter from the Program Analyst, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infra- Office of the Chief Counsel, FAA, Depart- Committee on Transportation and Infra- structure. ment of Transportation, transmitting the structure. 3931. A letter from the Chief, Office of Reg- Department’s final rule—Airworthiness Di- 3922. A letter from the Program Analyst, ulations and Administrative Law, USCG, De- rectives; Boeing Model 747–400 Series Air- Office of the Chief Counsel, FAA, Depart- partment of Transportation, transmitting planes [Docket No. 99–NM–61–AD; Amend- ment of Transportation, transmitting the the Department’s final rule—Special Local ment 39–11245; AD 99–16–10] (RIN: 2120–AA64) Department’s final rule—Amendment to Regulations; Rising Sun Regatta Ohio River received August 16, 1999, pursuant to 5 U.S.C. Class E Airspace; Clarinda, IA [Airspace Mile 505.0–507.0, Rising Sun, IN [CGD08–99– 801(a)(1)(A); to the Committee on Transpor- Docket No. 99–ACE–17] received August 16, 049] (RIN: 2115–AE46) received August 10, tation and Infrastructure. 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the H7994 CONGRESSIONAL RECORD — HOUSE September 8, 1999 Committee on Transportation and Infra- 3941. A letter from the Chief, Office of Reg- Merill Field, AK Revision of Class E Air- structure. ulations and Administrative Law, USCG, De- space; Elmendorf AFB and Merrill Field, AK 3932. A letter from the Program Analyst, partment of Transportation, transmitting [Airspace Docket No. 99–AAL–6] received Au- Office of the Chief Counsel, FAA, Depart- the Department’s final rule—Safety Zone: gust 17, 1999, pursuant to 5 U.S.C. ment of Transportation, transmitting the Port of New York/New Jersey Annual Marine 801(a)(1)(A); to the Committee on Transpor- Department’s final rule—Airworthiness Events [CGD01–99–135] (RIN: 2115–AA97) re- tation and Infrastructure. Standards; Transport Category Rotorcraft ceived August 17, 1999, pursuant to 5 U.S.C. 3951. A letter from the Program Analyst, Performance [Docket No. 24802; Amendment 801(a)(1)(A); to the Committee on Transpor- Office of the Chief Counsel, FAA, Depart- No. 29–44] (RIN: 2120–AG86) received August tation and Infrastructure. ment of Transportation, transmitting the 24, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to 3942. A letter from the Program Analyst, Department’s final rule—Establishment of the Committee on Transportation and Infra- Office of the Chief Counsel, FAA, Depart- Class E Airspace: Ossining, NY [Airspace structure. ment of Transportation, transmitting the Docket No. 99–AEA–06] received August 17, 3933. A letter from the Program Analyst, Department’s final rule—Standard Instru- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Office of the Chief Counsel, FAA, Depart- ment Approach Procedures; Miscellaneous Committee on Transportation and Infra- ment of Transportation, transmitting the Amendments [Docket No. 29684; Amendment structure. Department’s final rule—Harmonization of No. 1945] received August 17, 1999, pursuant 3952. A letter from the Acting Chief, Office Critical Parts Rotorcraft Regulations [Dock- to 5 U.S.C. 801(a)(1)(A); to the Committee on of Regulations and Administrative Law, et No. 29311; Amdt. Nos. 27–38 & 29–45] (RIN: Transportation and Infrastructure. USCG, Department of Transportation, trans- 2120–AG60) received August 24, 1999, pursuant 3943. A letter from the Program Analyst, mitting the Department’s final rule—SAFE- to 5 U.S.C. 801(a)(1)(A); to the Committee on Office of the Chief Counsel, FAA, Depart- TY ZONE: Salvage of Sunken Fishing Vessel Transportation and Infrastructure. ment of Transportation, transmitting the CAPE FEAR, Buzzards Bay, MA [CGD01 99– 3934. A letter from the Program Analyst, Department’s final rule—Airworthiness Di- 145] (RIN: 2115–AA97) received August 24, Office of the Chief Counsel, FAA, Depart- rectives; Boeing Model 777 Series Airplanes 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Transportation, transmitting the [Docket No. 98–NM–275–AD; Amendment 39– Committee on Transportation and Infra- Department’s final rule—Revisions to Dig- 11251; AD 99–17–02] (RIN: 2120–AA64) received structure. ital Flight Data Recorder Requirements for August 17, 1999, pursuant to 5 U.S.C. 3953. A letter from the Acting Chief, Office Airbus Airplanes [Docket No. FAA–1999–6140; 801(a)(1)(A); to the Committee on Transpor- of Regulations and Administrative Law, Amendment Nos. 121–271 & 125–32] (RIN: 2120– tation and Infrastructure. USCG, Department of Transportation, trans- AG88) received August 24, 1999, pursuant to 5 3944. A letter from the Program Analyst, mitting the Department’s final rule—Safety U.S.C. 801(a)(1)(A); to the Committee on Office of the Chief Counsel, FAA, Depart- Zone: Decker Wedding Fireworks, Western Transportation and Infrastructure. ment of Transportation, transmitting the Long Island Sound, Rye, New York [CGD01– 3935. A letter from the Program Assistant, Department’s final rule—Airworthiness Di- 99–149] (RIN: 2115–AA97) received August 24, FAA, Department of Transportation, trans- rectives; Pilatus Aircraft Ltd. Models PC–12 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Department’s final rule—Air- and PC–12/45 Airplanes [Docket No. 99–CE–20– Committee on Transportation and Infra- worthiness Directives; Lockheed Model L– AD; Amendment 39–11250; AD 99–17–01] (RIN: structure. 1011–385 Series Airplanes [Docket No. 98–NM– 2120–AA64) received August 17, 1999, pursuant 3954. A letter from the Acting Chief, Office 315–AD; Amendment 39–11261; AD 99–17–13] to 5 U.S.C. 801(a)(1)(A); to the Committee on of Regulations and Administrative Law, (RIN: 2120–AA64) received August 24, 1999, USCG, Department of Transportation, trans- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Transportation and Infrastructure. 3945. A letter from the Program Analyst, mitting the Department’s final rule—Special mittee on Transportation and Infrastruc- Office of the Chief Counsel, FAA, Depart- Local Regulations for Marine Events; Mears ture. 3936. A letter from the Chief, Office of Reg- ment of Transportation, transmitting the Point Marina and Red Eyes Dock Bar Fire- ulations and Administrative Law, USCG, De- Department’s final rule—Amendment to works Display, Chester River, Kent Narrows, partment of Transportation, transmitting Class E Airspace; Lyons, KS [Airspace Dock- Maryland [CGD 05–99–070] (RIN: 2115–AE46) the Department’s final rule—Safety Zone et No. 99–ACE–38] received August 17, 1999, received August 24, 1999, pursuant to 5 U.S.C. Regulation, Columbia River St. Helens, Or- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- egon, to Port of Benton, Washington [CGD13– mittee on Transportation and Infrastruc- tation and Infrastructure. 99–033] (RIN: 2115–AA97) received August 10, ture. 3955. A letter from the Acting Chief, Office 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the 3946. A letter from the Program Analyst, of Regulations and Administrative Law, Committee on Transportation and Infra- Office of the Chief Counsel, FAA, Depart- USCG, Department of Transportation, trans- structure. ment of Transportation, transmitting the mitting the Department’s final rule—Special 3937. A letter from the Chief, Office of Reg- Department’s final rule—Amendment to Local Regulations for Marine Events; Pa- ulations and Administrative Law, USCG, De- Class E Airspace; Ava, MO [Airspace Docket tapsco River, Baltimore, Maryland [CGD 05– partment of Transportation, transmitting No. 99–ACE–37] received August 17, 1999, pur- 99–071] (RIN: 2115–AE46) received August 24, the Department’s final rule—Drawbridge Op- suant to 5 U.S.C. 801(a)(1)(A); to the Com- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the eration Regulations: Shrewsbury River, NJ mittee on Transportation and Infrastruc- Committee on Transportation and Infra- [CGD01–99–010] (RIN: 2115–AE47) received Au- ture. structure. gust 10, 1999, pursuant to 5 U.S.C. 3947. A letter from the Program Analyst, 3956. A letter from the Acting Chief, Office 801(a)(1)(A); to the Committee on Transpor- Office of the Chief Counsel, FAA, Depart- of Regulations and Administrative Law, tation and Infrastructure. ment of Transportation, transmitting the USCG, Department of Transportation, trans- 3938. A letter from the Program Analyst, Department’s final rule—Amendment to mitting the Department’s final rule—Draw- Office of the Chief Counsel, FAA, Depart- Class E Airspace; Rolla/Vichy, MO [Airspace bridge Operation Regulations: Danvers ment of Transportation, transmitting the Docket No. 99–ACE–26] received August 17, River, MA [CGD01–99–148] (RIN: 2115–AE47) Department’s final rule—Revision of Class E 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the received August 24, 1999, pursuant to 5 U.S.C. Airspace; Shreveport, LA [Airspace Docket Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Transpor- No. 99–ASW–10] received August 10, 1999, pur- structure. tation and Infrastructure. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 3948. A letter from the Program Analyst, 3957. A letter from the Program Analyst, mittee on Transportation and Infrastruc- Office of the Chief Counsel, FAA, Depart- Office of the Chief Counsel, FAA, ture. ment of Transportation, transmitting the Departmentof Transportation, transmitting 3939. A letter from the Program Analyst, Department’s final rule—Amendment to the Department’s final rule—Airworthiness Office of the Chief Counsel, FAA, Depart- Class E Airspace; Emporia, KS [Airspace Directives; MD Helicopters, Inc. (MDHI) ment of Transportation, transmitting the Docket No. 99–ACE–24] received August 17, Model MD–900 Helicopters [Docket No. 98– Department’s final rule—Standard Instru- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the SW–42–AD; Amendment 39–11248; AD 99–16–13] ment Approach Procedures; Miscellaneous Committee on Transportation and Infra- (RIN: 2120–AA64) received August 10, 1999, Amendments [Docket No. 29683; Amdt. No. structure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1944] received August 17, 1999, pursuant to 5 3949. A letter from the Program Analyst, mittee on Transportation and Infrastruc- U.S.C. 801(a)(1)(A); to the Committee on Office of the Chief Counsel, FAA, Depart- ture. Transportation and Infrastructure. ment of Transportation, transmitting the 3958. A letter from the Director, Office of 3940. A letter from the Acting Chief, Office Department’s final rule—Amendment to Regulations Management, Veterans Health of Regulations and Administrative Law, Class E Airspace; Roosevelt Roads NS (Ofstie Administration, Department of Veterans Af- USCG, Department of Transportation, trans- Field), PR [Airspace Docket No. 99–ASO–9] fairs, transmitting the Department’s final mitting the Department’s final rule—Draw- received August 17, 1999, pursuant to 5 U.S.C. rule—Reconsideration of Denied Claims bridge Operation Regulations: Long Island, 801(a)(1)(A); to the Committee on Transpor- (RIN: 2900–AJ03) received August 16, 1999, New York Inland Waterway from East Rock- tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- away Inlet to Shinnecock Canal, NY [CGD01– 3950. A letter from the Program Analyst, mittee on Veterans’ Affairs. 99–080] (RIN: 2115–AE47) received August 24, Office of the Chief Counsel, FAA, Depart- 3959. A letter from the Director, Office of 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment of Transportation, transmitting the Regulations Management, Veterans Benefits Committee on Transportation and Infra- Department’s final rule—Revision of Class D Administration, Department of Veterans Af- structure. Airspace; Lake Hood, Elmendorf AFB, and fairs, transmitting the Department’s final September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7995 rule—Veterans Education: Increased Allow- the Service’s final rule—Treasury Deprecia- order against the conference report to ac- ances for the Educational Assistance Test tion Study: Request for Public Comment company the bill (H.R. 2587) making appro- Program (RIN: 2900–AJ40) received August 16, [Notice 99–34] received August 11, 1999, pursu- priations for the government of the District 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the ant to 5 U.S.C. 801(a)(1)(A); to the Committee of Columbia and other activities chargeable Committee on Veterans’ Affairs. on Ways and Means. in whole or in part against revenues of said 3960. A letter from the Chief, Regulations 3972. A letter from the Chief, Regulations District for the fiscal year ending September Unit, Internal Revenue Service, Department Unit, Internal Revenue Service, transmitting 30, 2000, and for other purposes (Rept. 106– of the Treasury, transmitting the Depart- the Service’s final rule—Designated Private 310). Referred to the House Calendar. ment’s final rule—Furnishing Identifying Delivery Services [Notice 99–41] received Au- Mr. DREIER: Committee on Rules. House Number of Income Tax Return Preparer [TD gust 11, 1999, pursuant to 5 U.S.C. Resolution 283. Resolution providing for con- 8835] (RIN: 1545–AX27) received August 11, 801(a)(1)(A); to the Committee on Ways and sideration of the bill (H.R. 417) to amend the 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Means. Federal Election Campaign Act of 1971 to re- Committee on Ways and Means. 3973. A letter from the Chief, Regulations form the financing of campaigns for elec- 3961. A letter from the Chief, Regulations Unit, Internal Revenue Service, transmitting tions for Federal office, and for other pur- Unit, Internal Revenue Service, Department the Service’s final rule—Boyd Gaming Cor- poses (Rept. 106–311). Referred to the House of Treasury, transmitting the Department’s poration v. Commissioner—received August Calendar. final rule—Treatment of Distributions to 24, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to f Foreign Persons Under Sections 367(e)(1) and the Committee on Ways and Means. 367(e)(2) [TD 8834] (RIN: 1545–AU22 and 1545– f PUBLIC BILLS AND RESOLUTIONS AX30) received August 6, 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on REPORTS OF COMMITTEES ON Under clause 2 of rule XII, public Ways and Means. PUBLIC BILLS AND RESOLUTIONS bills and resolutions were introduced 3962. A letter from the Chief, Regulations Under clause 2 of rule XIII, reports of and severally referred, as follows: Unit, Internal Revenue Service, transmitting committees were delivered to the Clerk By Ms. CARSON: the Service’s final rule—Repeal of Section H.R. 2807. A bill to amend the National 415(e) [Notice 99–44]—received August 17, for printing and reference to the proper calendar, as follows: School Lunch Act and the Child Nutrition 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Act of 1966 to promote identification of chil- Mr. GEKAS: Committee on the Judiciary. Committee on Ways and Means. dren eligible for benefits under, and enroll- 3963. A letter from the Chief, Regulations H.R. 462. A bill to clarify that governmental ment of children in, the Medicaid and State Unit, Internal Revenue Service, transmitting pension plans of the possessions of the Children’s Health Insurance programs; to the the Service’s final rule—Weighted Average United States shall be treated in the same Committee on Education and the Workforce. Interest Rate Update [Notice 99–39] received manner as State pension plans for purposes By Mr. FRANK of Massachusetts (for August 24, 1999, pursuant to 5 U.S.C. of the limitation on the State income tax- himself, Mrs. LOWEY, Mr. WAXMAN, 801(a)(1)(A); to the Committee on Ways and ation of pension income (Rept. 106–302). Re- Mr. STARK, Mrs. THURMAN, Mr. Means. ferred to the Committee of the Whole House HASTINGS of Florida, Ms. NORTON, Ms. 3964. A letter from the Chief, Regulations on the State of the Union. SCHAKOWSKY, and Mr. LANTOS): Unit, Internal Revenue Service, transmitting Mr. GEKAS: Committee on the Judiciary. H.R. 2808. A bill to amend title 18, United the Service’s final rule—Taxation of fringe House Joint Resolution 54. Resolution grant- States Code, to eliminate the prohibitions on benefits [Rev. Rul. 99–33] received August 24, ing the consent of Congress to the Missouri- the transmission of abortion related mat- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Nebraska Boundary Compact (Rept. 106–303). ters, and for other purposes; to the Com- Committee on Ways and Means. Referred to the Committee of the Whole mittee on the Judiciary. 3965. A letter from the Chief, Regulations House on the State of the Union. Unit, Internal Revenue Service, transmitting Mr. GEKAS: Committee on the Judiciary. By Mr. KENNEDY of Rhode Island: the Service’s final rule—Announcement of House Joint Resolution 62. Resolution to H.R. 2809. A bill to impose an immediate Rule to be included in Final Registration grant the consent of Congress to the bound- suspension of assistance to the Government under section 897(e) of the Code—received ary change between Georgia and South Caro- of Indonesia until the results of the August August 17, 1999, pursuant to 5 U.S.C. lina (Rept. 106–304). Referred to the Com- 30, 1999, vote in East Timor have been imple- 801(a)(1)(A); to the Committee on Ways and mittee of the Whole House on the State of mented, and for other purposes; to the Com- Means. the Union. mittee on International Relations, and in ad- 3966. A letter from the Chief, Regulations Mr. BLILEY: Committee on Commerce. dition to the Committee on Banking and Fi- Unit, Internal Revenue Service, transmitting H.R. 2506. A bill to amend title IX of the Pub- nancial Services, for a period to be subse- the Service’s final rule—Examination of re- lic Health Service Act to revise and extend quently determined by the Speaker, in each turns and claims for refund, credit, or abate- the Agency for Health Care Policy and Re- case for consideration of such provisions as ment; determination of correct tax liability search: with an amendment (Rept. 106–305). fall within the jurisdiction of the committee [Rev. Proc. 99–33] received August 24, 1999, Referred to the Committee of the Whole concerned. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- House on the State of the Union. By Mr. KENNEDY of Rhode Island (for mittee on Ways and Means. Mr. YOUNG of Alaska: Committee on Re- himself, Mr. CHABOT, and Mr. VIS- 3967. A letter from the Chief, Regulations sources. H.R. 1619. A bill to amend the CLOSKY): Unit, Internal Revenue Service, transmitting Quinebaug and Shetucket Rivers Valley Na- H.R. 2810. A bill to facilitate the exchange the Service’s final rule—Determination of tional Heritage Corridor Act of 1994 to ex- by law enforcement agencies of DNA identi- Interest Rates—October 1999 [Rev. Rul. 99–36] pand the boundaries of the Corridor; with an fication information relating to violent of- received August 13, 1999, pursuant to 5 U.S.C. amendment (Rept. 106–306). Referred to the fenders, and for other purposes; to the Com- 801(a)(1)(A); to the Committee on Ways and Committee of the Whole House on the State mittee on the Judiciary, and in addition to Means. of the Union. the Committee on Armed Services, for a pe- 3968. A letter from the Chief, Regulations Mr. YOUNG of Alaska: Committee on Re- riod to be subsequently determined by the Unit, Internal Revenue Service, transmitting sources. S. 323. An act to redesignate the Speaker, in each case for consideration of the Service’s final rule—Specifications for Black Canyon of the Gunnison National such provisions as fall within the jurisdic- Filing 1999 Forms 1098, 1099, 5498, and W–2G, Monument as a national park and establish tion of the committee concerned. Magnetically or Electronically [Rev. Proc. the Gunnison Gorge National Conservation By Mr. LAFALCE: 99–29] received August 12, 1999, pursuant to 5 Area, and for other purposes; with an amend- H.R. 2811. A bill to implement certain rec- U.S.C. 801(a)(1)(A); to the Committee on ment (Rept. 106–307). Referred to the Com- ommendations of the National Gambling Ways and Means. mittee of the Whole House on the State of Commission by prohibiting the placement of 3969. A letter from the Head, Regulations the Union. automated teller machines or any device by Unit, Internal Revenue Service, transmitting Mr. YOUNG of Alaska: Committee on Re- which an extension of credit or an electronic the Service’s final rule—Inbound Grantor sources. H.R. 1231. A bill to direct the Sec- fund transfer may be initiated by a consumer Trusts with Foreign Grantors [TD8831] (RIN: retary of Agriculture to convey certain Na- in the immediate area in a gambling estab- 1545–AU90) received August 6, 1999, pursuant tional Forest lands to Elko County, Nevada, lishment where gambling or wagering takes to 5 U.S.C. 801(a)(1)(A); to the Committee on for continued use as a cemetery; with an place; to the Committee on Banking and Fi- Ways and Means. amendment (Rept. 106–308). Referred to the nancial Services. 3970. A letter from the Chief, Regulations Committee of the Whole House on the State By Mr. MCGOVERN (for himself, Mr. Unit, Internal Revenue Service, transmitting of the Union. DAVIS of Illinois, Ms. EDDIE BERNICE the Service’s final rule—Elimination of Mag- Mr. REYNOLDS: Committee on Rules. JOHNSON of Texas, Mr. HINCHEY, Mr. netic Tape Program for Federal Tax Deposits House Resolution 281. Resolution providing FROST, Mr. FATTAH, Mr. MARTINEZ, [Notice 99–42] received August 11, 1999, pursu- for consideration of a motion to suspend the Ms. LEE, and Ms. MILLENDER-MCDON- ant to 5 U.S.C. 801(a)(1)(A); to the Committee rules (Rept. 106–309). Referred to the House ALD): on Ways and Means. Calendar. H.R. 2812. A bill to provide for a commu- 3971. A letter from the Chief, Regulations Mr. LINDER: Committee on Rules. House nity development venture capital program; Unit, Internal Revenue Service, transmitting Resolution 282. Resolution waiving points of to the Committee on Small Business. H7996 CONGRESSIONAL RECORD — HOUSE September 8, 1999

By Ms. NORTON (for herself and Mr. KNOLLENBERG, Mr. WICKER, Mr. H.R. 623: Mr. BARTLETT of Maryland. WYNN): FRANKS of New Jersey, Mr. WELLER, H.R. 634: Mr. OWENS. H.R. 2813. A bill to assist local govern- Mr. EWING, Mr. LARGENT, Mr. REY- H.R. 637: Mr. GREENWOOD, Mr. GEJDENSON, ments in conducting gun buyback programs; NOLDS, Mr. COBURN, and Mr. SHAD- and Mr. UPTON. to the Committee on the Judiciary. EGG): H.R. 639: Mr. LUCAS of Kentucky and Mr. By Mr. POMBO (for himself, Mr. H. Con. Res. 180. Concurrent resolution ex- TALENT. CONDIT, Mr. DOOLITTLE, Mrs. pressing the sense of Congress that the H.R. 655: Mrs. MALONEY of New York, Mr. CHENOWETH, and Mr. HERGER): President should not have granted clemency WEXLER, Mrs. THURMAN, Ms. PELOSI, Mr. H.R. 2814. A bill to amend chapter 55 of to terrorists; to the Committee on the Judi- KENNEDY of Rhode Island, Mr. SANDLIN, and title 5, United States Code, to authorize ciary. Mr. WEINER. equal overtime pay provisions for all Federal By Mr. BRYANT: H.R. 664: Mr. PASTOR, Mrs. MEEK of Flor- employees engaged in wildland fire suppres- H. Con. Res. 181. Concurrent resolution ex- ida, and Mr. OWENS. sion operations; to the Committee on Gov- pressing the sense of the Congress with re- H.R. 714: Mr. LARSON and Mr. FILNER. ernment Reform. spect to war crimes against United States H.R. 716: Mr. SMITH of Texas. By Mr. ROGAN: military personnel and their families, and in H.R. 721: Mr. BLUMENAUER, Mr. SPENCE, Mr. H.R. 2815. A bill to present a congressional particular to the war crimes committed in El WU, Mr. KING, Mr. CAPUANO, Mr. THOMPSON gold medal to astronauts Neil A. Armstrong, Salvador against United States Army pilots of California, Mr. CONDIT, Mr. BAIRD, and Mr. Buzz Aldrin and Michael COLLINS, the crew of David H. Pickett and Earnest Dawson, Jr.; to GRAHAM. Apollo 11; to the Committee on Banking and the Committee on International Relations. H.R. 750: Mr. COYNE, Mr. GEJDENSON, Mr. Financial Services. By Mr. DAVIS of Virginia (for himself, FRANK of Massachusetts, Mr. PAUL, Mr. BER- MAN, Mr. ORTIZ, Mr. MARTINEZ, Mr. MCGOV- By Mr. SALMON (for himself, Mr. BAR- Mr. DREIER, Mr. GOODLATTE, Ms. ERN, Mr. CLAY, Mr. BLAGOJEVICH, Ms. MCKIN- RETT of Wisconsin, and Mr. GILMAN): DUNN, Mr. MORAN of Virginia, Mr. H.R. 2816. A bill to establish a grant pro- NEY, Ms. SANCHEZ, Mr. GILCHREST, and Mrs. DOOLEY of California, Ms. ESHOO, and gram to assist State and local law enforce- JONES of Ohio. Mr. SMITH of Washington): ment in deterring, investigating, and pros- H.R. 765: Mrs. EMERSON, Mr. BENTSEN, Mr. H. Con. Res. 182. Concurrent resolution ecuting computer crimes; to the Committee OBERSTAR, Mr. JENKINS, and Mr. POMEROY. outlining a vision to shape congressional in- on the Judiciary. H.R. 776: Mr. HASTINGS of Florida and Mr. formation technology policy into the next By Mr. TOWNS (for himself, Mr. WEXLER. century to promote and preserve the suc- UPTON, Mr. MCDERMOTT, Mr. H.R. 798: Ms. VELAZQUEZ, Mr. WISE, and Mr. cesses, leadership, and uniqueness of the LOBIONDO, Mr. WAXMAN, Mrs. JOHN- MCCARTHY of New York. United States information technology sec- SON of Connecticut, Mr. BROWN of H.R. 809: Mr. DEAL of Georgia, Mr. CAL- tor; to the Committee on Commerce. Ohio, Mr. BILBRAY, Mr. WYNN, Mr. VERT, Ms. PELOSI, and Mr. GUTIERREZ. By Mr. CUNNINGHAM (for himself, Mr. FOLEY, Mrs. CAPPS, Mr. BOEHNER, Mr. H.R. 827: Mr. WEXLER, Mr. COYNE, and Mr. PACKARD, Mr. HUNTER, and Mr. LEWIS of Georgia, Mr. LEACH, Mr. LANTOS. BILBRAY): PALLONE, Mrs. MORELLA, Mr. KLINK, H.R. 828: Mr. HOEFFEL. H. Res. 284. A resolution expressing the Mrs. LOWEY, Mr. GILLMOR, Mr. ABER- H.R. 832: Mr. JACKSON of Illinois. sense of the House of Representatives on CROMBIE, Mr. HINCHEY, Ms. CARSON, H.R. 854: Mr. SANDLIN. baseball player Tony Gwynn’s 3,000th career Mr. ACKERMAN, Ms. EDDIE BERNICE H.R. 860: Mr. HOLT and Ms. PELOSI. base hit; to the Committee on Government JOHNSON of Texas, Mr. OLVER, Ms. H.R. 886: Mr. OWENS. Reform. UNCAN ETHERCUTT KILPATRICK, Mr. CLYBURN, Ms. H.R. 904: Mr. D and Mr. N . H.R. 914: Mr. MARTINEZ and Mr. SANDLIN. LOFGREN, Mr. THOMPSON of Mis- f H.R. 920: Mr. MEEHAN, Ms. NORTON, Mrs. sissippi, Mr. MORAN of Virginia, Mr. ADDITIONAL SPONSORS TO PUBLIC CHRISTENSEN, and Mr. CLAY. BALDACCI, Mr. WISE, Mrs. CLAYTON, H.R. 941: Mr. BERRY. Mr. THOMPSON of California, and Ms. BILLS AND RESOLUTIONS H.R. 959: Mr. SANDLIN and Mr. CLEMENT. RIVERS): Under clause 7 of rule XII, sponsors H.R. 976: Mrs. LOWEY. H.R. 2817. A bill to amend title XVIII of the were added to public bills and resolu- H.R. 984: Mr. SHIMKUS and Mr. WEINER. Social Security Act to provide for reim- H.R. 997: Mr. LIPINSKI and Mr. GORDON. bursement of certified midwife services, to tions as follows: H.R. 1071: Mr. GORDON. provide for more equitable reimbursement H.R. 6: Mr. SANDLIN. H.R. 1083: Mr. RYAN of Wisconsin. H.R. 82: Mr. COLLINS and Mr. STEARNS. rates for certified nurse-midwife services, H.R. 1095: Mr. SAWYER, Mr. SHIMKUS, Mr. H.R. 135: Ms. KAPTUR. and for other purposes; to the Committee on OLVER, Mr. KENNEDY of Rhode Island, Mr. H.R. 170: Mr. UDALL of New Mexico, Mr. Ways and Means, and in addition to the Com- TOWNS, Mr. BLAGOJEVICH, Mr. CROWLEY, Mr. UDALL of Colorado, and Mr. LUCAS of Ken- mittee on Commerce, for a period to be sub- LATOURETTE, and Mr. EHLERS. tucky. sequently determined by the Speaker, in H.R. 1102: Mr. LANTOS, Mr. WEYGAND, Mr. H.R. 175: Mr. BERRY and Mr. MICA. each case for consideration of such provi- SANDLIN, Mr. MCDERMOTT, and Mr. SMITH of H.R. 205: Mr. DICKS. sions as fall within the jurisdiction of the Washington. H.R. 220: Mr. HILLEARY and Mr. KINGSTON. committee concerned. H.R. 1103: Mr. BLAGOJEVICH. H.R. 271: Mr. BAIRD. By Mr. TRAFICANT: H.R. 1111: Mr. MINGE, Mr. SPRATT, Mr. H.R. 325: Mr. MALONEY of Connecticut. H.R. 2818. A bill to prohibit oil and gas SANDLIN, Mr. COLLINS, Mr. LAZIO, Mr. H.R. 354: Mrs. MORELLA, Mr. FORD, Mr. drilling in Mosquito Creek Lake in Cortland, GEJDENSON, and Mrs. FOWLER. PORTMAN, Ms. NORTON, Mr. MINGE, Mr. SHER- Ohio; to the Committee on Resources. H.R. 1115: Mr. BLUNT, Ms. CARSON, Mr. PAS- MAN, and Mr. HYDE. By Mr. UDALL of Colorado (for him- TOR, Mr. JEFFERSON, and Mr. MCNULTY. H.R. 357: Mr. LARSON. self, Mr. BOEHLERT, and Mr. MINGE): H.R. 1168: Mr. RUSH, Mr. ROGAN, Mr. SISI- H.R. 2819. A bill to create an initiative for H.R. 371: Mr. HOEKSTRA and Mr. SHAYS. SKY, Mr. COOK, Ms. KAPTUR, and Mr. UDALL research and development into the utiliza- H.R. 382: Ms. CARSON, Mr. COSTELLO, Mr. of New Mexico. tion of biomass for fuel and industrial prod- MCGOVERN, and Mr. FROST. H.R. 1176: Mr. SHAYS and Mrs. JOHNSON of ucts; to the Committee on Science, and in H.R. 405: Mr. GREENWOOD, Mr. LANTOS, Mr. Connecticut. addition to the Committee on Agriculture, RODRIGUEZ, Mr. HILLIARD, Mr. DUNCAN, Mr. H.R. 1187: Mr. LEWIS of Kentucky, Mr. for a period to be subsequently determined LEWIS of Kentucky, Mr. COBLE, Mr. FILNER, FORD, Mr. CANNON, and Mr. SWEENEY. by the Speaker, in each case for consider- Mr. ISAKSON, and Mr. STEARNS. H.R. 1190: Mr. CAMP and Ms. HOOLEY of Or- ation of such provisions as fall within the ju- H.R. 406: Mr. RODRIGUEZ. egon. risdiction of the committee concerned. H.R. 488: Mr. BLAGOJEVICH. H.R. 1193: Mr. COYNE, Mr. OWENS, Mr. LAN- By Mr. FOSSELLA (for himself, Mr. H.R. 489: Mr. LUCAS of Kentucky. TOS, Mr. HOEFFEL, Mr. BOEHLERT, Mr. LUCAS DREIER, Mr. HYDE, Mr. BLILEY, Mr. H.R. 491: Mr. OWENS. of Kentucky, and Mr. GILMAN. ARCHER, Mr. SAXTON, Mr. GILMAN, H.R. 505: Mr. ROMERO-BARCELO. H.R. 1221: Mr. BOEHLERT, Mr. GREENWOOD, Mr. BONILLA, Mr. ROYCE, Mr. BART- H.R. 531: Mr. HOEKSTRA, Mr. WISE, and Mr. Mr. HASTINGS of Florida, Mr. SNYDER, Mr. LETT of Maryland, Mr. HAYWORTH, KUCINICH. HINCHEY, Mr. HANSEN, Mr. HINOJOSA, Mr. Mr. SMITH of New Jersey, Mr. H.R. 534: Mr. COOK, Mr. BONILLA, Mr. MOORE, Mr. UDALL of Colorado, and Ms. BALLENGER, Mr. DELAY, Mr. STUMP, PHELPS, Mr. SISISKY, Mr. RAHALL, Mr. LOFGREN. Mr. WATTS of Oklahoma, Mr. PICK- SANDLIN, Mr. WEYGAND, Mr. THORNBERRY, H.R. 1228: Mr. COYNE, Mr. GEJDENSON, Mr. ERING, Mr. SESSIONS, Mr. TRAFICANT, Mr. LAMPSON, Mr. MORAN of Kansas, Mr. SANDLIN, Mr. PASTOR, and Mr. REYES. Mrs. KELLY, Mr. COX, Mr. TANCREDO, HANSEN, Mr. GREEN of Texas, and Mr. MORAN H.R. 1229: Mr. CRAMER. Mr. UPTON, Mr. ISTOOK, Mr. of Virginia. H.R. 1244: Mr. OSE, Mr. PACKARD, and Mr. CHAMBLISS, Mr. ROGAN, Mr. PACKARD, H.R. 555: Ms. WATERS. NEY. Mrs. ROUKEMA, Mr. BUYER, Mr. H.R. 566: Mr. WEINER, Mr. CLEMENT, Mr. H.R. 1260: Mr. DIAZ-BALART. HOSTETTLER, Mr. VITTER, Mr. GREEN GORDON, and Mr. MASCARA. H.R. 1271: Mr. PASTOR, Mrs. LOWEY, Mr. of Wisconsin, Mr. ROHRABACHER, Mr. H.R. 595: Mr. GONZALEZ, Ms. CARSON, and GUTIERREZ, Mr. KILDEE, Mr. MCGOVERN, Mr. WALDEN of Oregon, Mr. SWEENEY, Mr. Mr. BOUCHER. KENNEDY of Rhode Island, and Mr. TOWNS. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7997

H.R. 1287: Mr. NUSSLE. H.R. 1820: Mr. STARK. GRAHAM, Mr. CAMP, Mr. MCINTOSH, Mr. H.R. 1304: Mr. RODRIGUEZ, Mrs. MALONEY of H.R. 1824: Mr. SHAYS. SPENCE, Mr. DOOLITTLE, Mr. SIMPSON, Mr. New York, Mr. WYNN, and Mr. LUCAS of Ken- H.R. 1838: Mr. VITTER. PACKARD, Mr. NORWOOD, Mr. GORDON, Mr. tucky. H.R. 1839: Mr. COYNE. SCHAFFER, and Mr. CANNON. H.R. 1313: Mr. WU, Mr. SANDLIN, Ms. LEE, H.R. 1850: Mr. HOLT. H.R. 2436: Mr. WATTS of Oklahoma, Mr. and Ms. BALDWIN. H.R. 1862: Mr. PASCRELL and Mr. UDALL of WAMP, Mr. DUNCAN, Mr. HOEKSTRA, Mr. H.R. 1325: Ms. SLAUGHTER, Mr. BRYANT, and Colorado. LUCAS of Kentucky, Mr. GARY MILLER of Mr. SAM JOHNSON of Texas. H.R. 1870: Mr. COYNE. California, Mr. MCINTOSH, Mr. CHABOT, and H.R. 1344: Mr. HALL of Texas, Mr. H.R. 1871: Mr. COSTELLO and Mr. LAFALCE. Mr. STENHOLM. RODRIGUEZ, Mr. SESSIONS, Mr. PICKERING, H.R. 1883: Mr. NUSSLE, Mr. GILCHREST, Mr. H.R. 2491: Mr. HASTINGS of Florida, Mr. and Mr. SANDLIN. BOYD, Mr. BECERRA, Mr. STENHOLM, Mr. CONYERS, Ms. SCHAKOWSKY, and Mr. LAZIO. H.R. 1356: Mr. ENGLISH, Mrs. CUBIN, and Mr. RAMSTAD, Mr. OSE, Mr. YOUNG of Alaska, Mr. H.R. 2498: Mr. HALL of Texas, Mr. MAR- FOLEY. CLEMENT, and Ms. KAPTUR. TINEZ, Mr. LANTOS, Mr. CASTLE, Mr. H.R. 1358: Mr. LUCAS of Kentucky and Mr. H.R. 1887: Mr. LANTOS, Mr. CHABOT, Mr. MCDERMOTT, and Mr. CAPUANO. CALVERT. WEXLER, Mr. GILMAN, and Mr. GOODLATTE. H.R. 2512: Mr. WATT of North Carolina and H.R. 1387: Mr. QUINN. H.R. 1899: Mr. MOORE, MS. DEGETTE, Mr. Mr. FATTAH. H.R. 1388: Mrs. FOWLER, Mr. BOUCHER, Mr. SHOWS, Mr. MARTINEZ, Mr. LEACH, Mr. H.R. 2525: Mr. BARCIA and Mr. CAMPBELL. KILDEE, and Mr. CUMMINGS. COYNE, Mr. BROWN of Ohio, Mr. TOWNS, Mr. H.R. 2534: Mr. UNDERWOOD, Mr. OWENS, Mr. H.R. 1413: Mr. SCARBOROUGH. HALL of Ohio, Mr. JACKSON of Illinois, Ms. HASTINGS of Florida, Mrs. CHRISTENSEN, Ms. H.R. 1445: Mr. LAHOOD, Mrs. TAUSCHER, Mr. LOFGREN, Mr. SANDERS, Ms. RIVERS, Mr. SISI- KILPATRICK, and Mr. GORDON. BROWN of Ohio, Mr. SESSIONS, Mr. COOK, and SKY, Mr. ALLEN, Ms. BALDWIN, Mr. FOLEY and H.R. 2555: Mrs. MINK of Hawaii. Mrs. LOWEY. Mr. KIND. H.R. 2569: Mr. KUCINICH. H.R. 1450: Mr. FILNER. H.R. 1910: Mr. FARR of California, Mr. H.R. 2586: Mr. LANTOS and Mr. KENNEDY of H.R. 1456: Mrs. MCCARTHY of New York and SANDLIN, and Mr. HINCHEY. Rhode Island. Mr. SABO. H.R. 1929: Mr. GEORGE MILLER of Cali- H.R. 2592: Mr. HALL of Texas. H.R. 1457: Mr. PICKETT. fornia. H.R. 2596: Mr. SPENCE, Mr. STUMP, Mr. BLI- H.R. 1476: Mr. RAHALL. H.R. 1933: Mr. STEARNS AND MS. PRYCE of LEY, Mr. ARMEY, Mr. COX, Mr. SESSIONS, Mr. H.R. 1483: Mr. PITTS, Mr. DOOLEY of Cali- Ohio. CHAMBLISS, Mr. HANSEN, Mr. SCARBOROUGH, fornia, Mr. HOEFFEL, and Mr. MEEHAN. H.R. 1935: Mr. DEFAZIO. Mr. COOKSEY, Mr. PITTS, Mr. MCINTOSH, Mr. H.R. 1485: Mr. HASTINGS of Florida, Mr. H.R. 1957: Mr. HILLIARD and Mr. BARRETT of THORNBERRY, Mr. ROHRABACHER, Mr. HAYES, BECERRA, Mr. GEORGE MILLER of California, Wisconsin. Mr. ROGAN, Mr. UNDERWOOD, Mrs. BONO, Mr. Mr. STARK, and Mr. EDWARDS. H.R. 1967: Mr. WEINER, Ms. ROS-LEHTINEN, GRAHAM, Mr. SOUDER, Mr. BACHUS, Mr. LEWIS H.R. 1495: Mr. OWENS. and Mr. WATT of North Carolina. of Kentucky, Mr. HASTINGS of Washington, H.R. 1504: Mr. HOEKSTRA, Mr. PRICE of H.R. 1977: Mr. BEOHLERT and Mr. Mr. GREEN of Wisconsin, Mr. HERGER, Mr. North Carolina, Mr. BOUCHER, Mr. RAHALL, BLAGOJEVICH. BAKER, Mr. SMITH of New Jersey, Mr. and Mr. METCALF. H.R. 1990: Mr. CUMMINGS, Mr. WYNN, Mr. H.R. 1511: Mr. VITTER and Mr. SANDLIN. WELDON of Florida, Mrs. CHENOWETH, Mr. COSTELLO, Ms. JACKSON-LEE of Texas, and H.R. 1518: Ms. CARSON, Mr. SANDERS, and HOEKSTRA, Mr. HILLEARY, Mr. RYAN of Wis- Mr. MCINTOSH. Mr. SISISKY. consin, Mr. SHADEGG, Mr. TANCREDO, Mr. APPS OYER H.R. 1523: Mr. SHOWS. H.R. 1998: Mrs. C and Mr. H . DEMINT, Mrs. CUBIN, Mr. JONES of North H.R. 1524: Mr. ROGERS. H.R. 1999: Mr. QUINN, Mr. SHOWS, Mr. Carolina, Mr. SAM JOHNSON of Texas, Mr. H.R. 1532: Mr. GONZALEZ, Mr. BARRETT of MEEKS of New York, Mr. TOWNS, Mrs. DICKEY, Mr. TAUZIN, Mr. RYUN of Kansas, Mr. Wisconsin, and Mr. COOK. MCCARTHY of New York, Mrs. MALONEY of HOSTETTLER, Mr. BARTLETT of Maryland, Mr. H.R. 1579: Mr. WEXLER, Mr. CLYBURN, Mr. New York, Mr. GUTKNECHT, Mr. FORBES, Mr. MCCRERY, Mr. GILCHREST, Mr. TALENT, Mr. LANTOS, Mr. GALLEGLY, Mr. SNYDER, Mrs. COSTELLO, and Mr. WEINER. PORTMAN, Mr. KUYKENDALL, Mr. GIBBONS, MORELLA, Mr. CANNON, and Mr. CAMPBELL. H.R. 2021: Mr. PASTOR, Mr. GONZALEZ, Mr. Mrs. MYRICK, Mr. MCKEON, Mr. LUCAS of H.R. 1592: Mr. PEASE, Mr. EWING, Mr. LANTOS, and Mr. SANDLIN. Oklahoma, and Mr. POMBO. VITTER, Mr. TOOMEY, Mr. WAMP, Mr. H.R. 2030: Mr. SENSENBRENNER, Ms. DUNN, H.R. 2634: Mr. NORWOOD. METCALF, Mr. CANNON, and Mr. WELDON of and Mr. SPRATT. H.R. 2651: Mr. HALL of Texas, Mr. EVERETT, Florida. H.R. 2102: Mr. COSTELLO, Mr. SANDLIN, and Mr. WAMP, Mr. MCINTOSH, Mr. GOSS, and Mr. H.R. 1598: Mrs. ROUKEMA, Mr. SMITH of Mr. KENNEDY of Rhode Island. BAKER. Washington, Mr. COOK, and Mr. SESSIONS. H.R. 2120: Mr. OWENS, Mr. MENENDEZ, Mr. H.R. 2662: Ms. KILPATRICK, Ms. ESHOO, and H.R. 1619: Ms. DELAURO. VENTO, Mr. JEFFERSON, Ms. SANCHEZ, and Mr. Mr. LANTOS. H.R. 1621: Mr. UDALL of Colorado, Mr. ACK- KUYKENDALL. H.R. 2691: Mr. SANDERS. ERMAN, Mr. GEJDENSON, Mr. CUMMINGS, Mr. H.R. 2121: Mrs. MINK of Hawaii, Mr. MORAN H.R. 2700: Ms. SCHAKOWSKY, Mr. BARRETT of COSTELLO, Mr. DEFAZIO, Ms. NORTON, Mr. of Virginia, Mr. BARCIA, Mr. FILNER, Mr. Wisconsin, Mr. BROWN of Ohio, Mr. OWENS, FILNER, Mr. OBERSTAR, and Mr. VENTO. BECERRA, Mr. JACKSON of Illinois, Mr. COOK, and Mr. KUCINICH. H.R. 1625: Mr. MORAN of Virginia, Mr. Ms. NORTON, Mr. PASTOR, and Mr. CLAY. H.R. 2708: Mr. GILCHREST, Mr. LIPINSKI, Mr. JACKSON of Illinois, Mr. OWENS, Mr. MEEHAN, H.R. 2130: Ms. MCCARTHY of Missouri, Mr. ROGAN, and Mr. KUYKENDALL. Mr. ALLEN, Ms. ROYBAL-ALLARD, Mr. STRICK- UNDERWOOD, Mr. PRICE of North Carolina, H.R. 2709: Mr. EWING, Mr. BLUNT, Mr. LAND, Mr. MARKEY, Mrs. MINK of Hawaii, Mr. and Mrs. MALONEY of New York. MCINTOSH, and Mrs. CHENOWETH. BENTSEN, Mr. ABERCROMBIE, Mr. HOLT, Mr. H.R. 2175: Mr. HINCHEY and Mr. SANDLIN. H.R. 2716: Mr. HALL of Texas. FATTAH, Ms. LEE, Mr. CARDIN, Ms. VELAZ- H.R. 2202: Mr. SHAYS. H.R. 2719: Mr. TURNER. QUEZ, Mr. BLUMENAUER, Mr. CUMMINGS, Mr. H.R. 2227: Mr. LANTOS. H.R. 2722: Mrs. MINK of Hawaii. RANGEL, Mr. GREENWOOD, and Ms. ESHOO. H.R. 2228: Mr. SANDLIN and Mr. DOOLEY of H.R. 2734: Mr. CAPUANO. H.R. 1640: Ms. KAPTUR, Ms. MILLENDER- California. H.R. 2743: Mr. DICKEY, Mr. NUSSLE, and Mr. MCDONALD, and Mr. CAPUANO. H.R. 2236: Mr. FROST. HUTCHINSON. H.R. 1660: Mr. CLYBURN, Ms. MCCARTHY of H.R. 2240: Mr. GEKAS. H.R. 2765: Mr. CLYBURN, Mr. HILLIARD, Mr. Missouri, Mr. WATT of North Carolina, Mr. H.R. 2244: Mr. CAMPBELL. GUTIERREZ, and Mr. DIXON. THOMPSON of Mississippi, Mr. DEFAZIO, Mr. H.R. 2245: Mr. SHOWS and Mr. HERGER. H.R. 2788: Ms. MCCARTHY of Missouri. MCINTYRE, Mr. OBERSTAR, Mr. PICKETT, Mr. H.R. 2247: Mr. PITTS, Mr. DOOLITTLE, and H.J. Res. 55: Mrs. BIGGERT, Mr. UDALL of SISISKY, Mr. SKELTON, Mr. KANJORSKI, Mr. Mr. NUSSLE. New Mexico, and Mr. GOODLATTE. KLECZKA, and Mr. BENTSEN. H.R. 2258: Mr. MARKEY. H. Con. Res. 21: Mr. SHAYS. H.R. 1663: Mr. SANFORD. H.R. 2260: Mr. GREEN of Wisconsin and Mr. H. Con. Res. 89: Mr. GREEN of Texas, Mr. H.R. 1736: Mr. SNYDER, Mrs. LOWEY, and BATEMAN. UNDERWOOD, and Mr. PICKETT. Mr. SANDLIN. H.R. 2262: Mr. PAUL. H. Con. Res. 97: Mr. UNDERWOOD, Mr. SABO, H.R. 1747: Mr. RADANOVICH and Mr. H.R. 2263: Mr. PAUL. Mr. VENTO, Mrs. MALONEY of New York, Mr. ISAKSON. H.R. 2264: Mr. PAUL. WAXMAN, Mr. BAIRD, and Ms. LEE. H.R. 1760: Mr. CLYBURN, Mr. THOMPSON of H.R. 2268: Mr. BAKER. H. Con. Res. 111: Mr. BLAGOJEVICH and Mr. Mississippi, Mr. DEFAZIO, Mr. WELDON of H.R. 2282: Mr. SANDLIN. WATT of North Carolina. Pennsylvania, Mr. FRANKS of New Jersey, H.R. 2308: Mr. CLEMENT and Mr. SANDLIN. H. Con. Res. 119: Ms. DANNER and Mr. and Mr. SHIMKUS. H.R. 2337: Mr. DOOLITTLE and Mr. ENGLISH. HOLDEN. H.R. 1777: Mr. SHOWS. H.R. 2356: Mr. GREENWOOD. H. Con. Res. 134: Mr. GONZALEZ, Mrs. H.R. 1785: Mr. SMITH of New Jersey, Mr. H.R. 2357: Mr. BARRETT of Wisconsin, Mr. CAPPS, and Mr. THOMPSON of California. BLAGOJEVICH, and Ms. RIVERS. WATT of North Carolina, and Mr. SANDLIN. H. Con. Res. 139: Mr. GARY MILLER of Cali- H.R. 1796: Mr. OWENS. H.R. 2372: Mr. ENGLISH, Mr. SENSEN- fornia, Ms. SCHAKOWSKY, Mrs. FOWLER, Mr. H.R. 1798: Mr. SANDLIN and Mr. NORWOOD. BRENNER, Mr. CALLAHAN, Mr. KASICH, Mr. TANNER, Mr. WOLF, Mr. SPENCE, Mr. H.R. 1812: Mr. GEORGE MILLER of California PICKETT, Mr. WELDON of Florida, Ms. ROS- COSTELLO, Mr. CANNON, Mr. BOEHLERT, and and Mr. CAMPBELL. LEHTINEN, Mr. HILL of Montana, Mr. Mr. BOUCHER. H7998 CONGRESSIONAL RECORD — HOUSE September 8, 1999

H. Con. Res. 146: Mr. MCGOVERN. vided, That the Congress hereby designates ployees for the Office of Inspector General H. Res. 41: Mr. HILLEARY. the entire such amount as an emergency re- Hotline: Provided, That the Congress hereby H. Res. 238: Mr. MORAN of Virginia. quirement pursuant to section 251(b)(2)(A) of designates the entire such amount as an H. Res. 265: Mr. DINGELL, Mr. WAXMAN, and the Balanced Budget and Emergency Deficit emergency requirement pursuant to section Mr. FRANK of Massachusetts. Control Act of 1985: Provided further, That 251(b)(2)(A) of the Balanced Budget and f such amount shall be available only to the Emergency Deficit Control Act of 1985: Pro- extent of a specific dollar amount for such vided further, That such amount shall be DELETION OF SPONSORS FROM purpose that is included in an official budget available only to the extent of a specific dol- PUBLIC BILLS AND RESOLUTIONS request transmitted by the President to the lar amount for such purpose that is included Congress and that is designated as an emer- in an official budget request transmitted by Under clause 7 of rule XII, sponsors gency requirement pursuant to such section the President to the Congress and that is were deleted from public bills and reso- 251(b)(2)(A). designated as an emergency requirement lutions as follows: H.R. 2684 pursuant to such section 251(b)(2)(A). H.R. 1621: Mr. TANCREDO. OFFERED BY: MR. FILNER H.R. 2684 f AMENDMENT NO. 7: In title I, in the item re- OFFERED BY MR. FILNER lating to ‘‘VETERANS HEALTH ADMINISTRA- AMENDMENT NO. 11: In title I, in the item AMENDMENTS TION—MEDICAL CARE’’, insert at the end the relating to ‘‘VETERANS HEALTH ADMINISTRA- Under clause 8 of rule XVIII, pro- following: TION—MEDICAL CARE’’, insert at the end the posed amendments were submitted as In addition, for ‘‘Medical Care’’, $3,000,000 following: follows: to provide a presumption of service-connec- In addition, for ‘‘Medical Care’’, $4,600,000 tion for veterans who were exposed to Hepa- to provide pay parity for dentists with physi- H.R. 2684 titis C risk factors during military service cians employed by the Veterans Health Ad- OFFERED BY: MR. EDWARDS and now have Hepatitis C: Provided, That the ministration: Provided, That the Congress AMENDMENT NO. 3: In the paragraph in title Congress hereby designates the entire such hereby designates the entire such amount as I for the Department of Veterans Affairs, amount as an emergency requirement pursu- an emergency requirement pursuant to sec- Veterans Health Administration, Medical ant to section 251(b)(2)(A) of the Balanced tion 251(b)(2)(A) of the Balanced Budget and Care, account— Budget and Emergency Deficit Control Act Emergency Deficit Control Act of 1985: Pro- (1) after the second dollar amount, insert of 1985: Provided further, That such amount vided further, That such amount shall be ‘‘(increased by $730,000,000)’’; and shall be available only to the extent of a spe- available only to the extent of a specific dol- (2) strike the period at the end and insert cific dollar amount for such purpose that is lar amount for such purpose that is included a colon and the following: included in an official budget request trans- in an official budget request transmitted by mitted by the President to the Congress and Provided further, That any reduction in the the President to the Congress and that is that is designated as an emergency require- rate of tax on net capital gain of individuals designated as an emergency requirement ment pursuant to such section 251(b)(2)(A). or corporations under the Internal Revenue pursuant to such section 251(b)(2)(A). Code of 1986 enacted during 1999 shall not H.R. 2684 H.R. 2684 apply to a taxable year beginning before Jan- OFFERED BY: MR. FILNER OFFERED BY MR. FILNER uary 1, 2001. AMENDMENT NO. 8: In title I, in the item re- AMENDMENT NO. 12: In title I, in the item H.R. 2684 lating to ‘‘DEPARTMENTAL ADMINISTRATION— relating to ‘‘VETERANS HEALTH ADMINISTRA- OFFERED BY MR. EHLERS NATIONAL CEMETERY ADMINISTRATION’’, insert TION—MEDICAL CARE’’, insert at the end the at the end the following: following: AMENDMENT NO. 4: At the end of the bill, In addition, for ‘‘National Cemetery Ad- In addition, for ‘‘Medical Care’’, $35,200,000 insert after the last section (preceding the ministration’’, $9,500,000 to reduce the repair for health care benefits for Filipino World short title) the following new section: backlog at national veterans cemeteries: War II veterans who were excluded from ben- SEC. ll. The amounts otherwise provided Provided, That the Congress hereby des- efits by the Rescissions Acts of 1946 and to in this Act are revised by increasing the ignates the entire such amount as an emer- increase service-connected disability com- amount provided for ‘‘National Science gency requirement pursuant to section pensation from the peso rate to the full dol- Foundation—Research and Related Activi- 251(b)(2)(A) of the Balanced Budget and lar amount for Filipino World War II vet- ties’’, increasing the amount provided for Emergency Deficit Control Act of 1985: Pro- erans living in the United States: Provided, ‘‘National Science Foundation—Major Re- vided further, That such amount shall be That the Congress hereby designates the en- search Equipment’’, increasing the amount available only to the extent of a specific dol- tire such amount as an emergency require- provided for ‘‘National Science Foundation— lar amount for such purpose that is included ment pursuant to section 251(b)(2)(A) of the Education and Human Resources’’, and re- in an official budget request transmitted by Balanced Budget and Emergency Deficit ducing each amount provided in this Act the President to the Congress and that is Control Act of 1985: Provided further, That (other than for the National Science Founda- designated as an emergency requirement such amount shall be available only to the tion) that is not required to be provided by pursuant to such section 251(b)(2)(A). extent of a specific dollar amount for such a provision of law, by $156,524,000, $33,500,000, H.R. 2684 purpose that is included in an official budget $40,000,000, and 0.354 percent, respectively. OFFERED BY MR. FILNER request transmitted by the President to the H.R. 2684 Congress and that is designated as an emer- AMENDMENT NO. 9: In title I, in the item re- OFFERED BY MR. FILNER gency requirement pursuant to such section lating to ‘‘DEPARTMENTAL ADMINISTRATION— 251(b)(2)(A). AMENDMENT NO. 5: In title I, in the item re- GENERAL OPERATING EXPENSES’’, insert at the lating to ‘‘VETERANS HEALTH ADMINISTRA- end the following: H.R. 2684 TION—MEDICAL CARE’’, insert at the end the In addition, for ‘‘General Operating Ex- OFFERED BY MR. GUTIERREZ following: penses’’, $6,250,000 to provide an additional AMENDMENT NO. 13: Page 29, line 26, after In addition, for ‘‘Medical Care’’, 250 employees to reduce backlog and waiting the first dollar amount insert the following: $1,100,000,000: Provided, That the Congress time for adjudication of claims: Provided, ‘‘(increased by $5,000,000)’’. hereby designates the entire such amount as That the Congress hereby designates the en- Page 79, line 5, after the first dollar an emergency requirement pursuant to sec- tire such amount as an emergency require- amount insert the following: ‘‘(reduced by tion 251(b)(2)(A) of the Balanced Budget and ment pursuant to section 251(b)(2)(A) of the $5,000,000)’’. Emergency Deficit Control Act of 1985: Pro- Balanced Budget and Emergency Deficit H.R. 2684 vided further, That such amount shall be Control Act of 1985: Provided further, That available only to the extent of a specific dol- such amount shall be available only to the OFFERED BY MR. GUTIERREZ lar amount for such purpose that is included extent of a specific dollar amount for such AMENDMENT NO. 14: Page 30, line 11, after in an official budget request transmitted by purpose that is included in an official budget the first dollar amount, insert the following: the President to the Congress and that is request transmitted by the President to the ‘‘(increased by $20,000,000)’’. designated as an emergency requirement Congress and that is designated as an emer- Page 79, line 19, after the first dollar pursuant to such section 251(b)(2)(A). gency requirement pursuant to such section amount, insert the following: ‘‘(reduced by H.R. 2684 251(b)(2)(A). $20,000,000)’’. OFFERED BY: MR. FILNER H.R. 2684 OFFERED BY MR. GUTIERREZ OF ILLINOIS AMENDMENT NO. 6: In title I, in the item re- OFFERED BY MR. FILNER H.R. 2684 lating to ‘‘VETERANS BENEFITS ADMINISTRA- AMENDMENT NO. 10: In title I, in the item AMENDMENT NO. 15: Page 31, line 9, after TION—READJUSTMENT BENEFITS’’, insert at relating to ‘‘DEPARTMENTAL ADMINISTRA- the first dollar amount, insert the following: the end the following: TION—OFFICE OF INSPECTOR GENERAL’’, insert ‘‘(increased by $5,000,000)’’. In addition, for ‘‘Readjustment Benefits’’, at the end the following: Page 80, line 14, after the first dollar $881,000,000 for enhanced educational assist- In addition, for ‘‘Office of Inspector Gen- amount, insert the following: ‘‘(reduced by ance under the Montgomery GI Bill: Pro- eral’’, $838,430 to provide an additional 10 em- $5,000,000)’’. September 8, 1999 CONGRESSIONAL RECORD — HOUSE H7999 H.R. 2684 H.R. 2684 H.R. 2684 OFFERED BY MR. NADLER OF NEW YORK OR OFFERED BY MS. JACKSON-LEE OF TEXAS OFFERED BY MS. JACKSON-LEE OF TEXAS MR. CROWLEY OF NEW YORK OR MR. SHAYS AMENDMENT NO. 65: Page 75, line 5, insert AMENDMENT NO. 17: Page 79, line 5, insert OF CONNECTICUT ‘‘(increased by $250,000,000)’’ after the dollar ‘‘(reduced by $12,000,000)’’ after the dollar AMENDMENT NO. 18: Page 26, line 6, after amount. amount. the first dollar amount insert the following: Page 79, line 19, insert ‘‘(increased by Page 79, line 5, insert ‘‘(increased by ‘‘(increased by $10,000,000)’’. $449,000,000)’’ after the dollar amount. Page 82, line 23, after the first dollar $10,000,000)’’ after the dollar amount. Page 80, line 14, insert ‘‘(increased by amount insert the following: ‘‘(reduced by $225,600,000)’’ after the dollar amount. $10,000,000)’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, WEDNESDAY, SEPTEMBER 8, 1999 No. 115 Senate The Senate met at 12 noon and was RECOGNITION OF THE ACTING the nominations with no intervening called to order by the President pro MAJORITY LEADER action or debate. I also ask unanimous tempore [Mr. THURMOND]. The PRESIDENT pro tempore. Sen- consent that following the votes on the ator BURNS is recognized. nominations, the motions to reconsider PRAYER Mr. BURNS. I thank the Chair. be laid on the table, the President be The Chaplain, Dr. Lloyd John I welcome our colleagues back from immediately notified of the Senate’s Ogilvie, offered the following prayer: the August recess. action, and the Senate then return to legislative session. Lord God, You know us as we really f are. You know the inner person behind The PRESIDENT pro tempore. With- our highly polished exteriors; You SCHEDULE out objection, it is so ordered. know when we are tired and need Your Mr. BURNS. Mr. President, today the Mr. BURNS. I also ask unanimous strength; You know about our worries Senate will be in a period of morning consent that it be in order to ask for and anxieties and offer Your comfort; business until 1 p.m. Following morn- the yeas and nays at this time on both You understand our fears and frustra- ing business, the Senate will stand in nominations. tions and assure us of Your presence; recess until 2:15 p.m. so that the week- The PRESIDENT pro tempore. With- You feel our hurts and infuse Your ly party conferences can meet. Fol- out objection, it is so ordered. healing love. Flood our inner beings lowing the conference meetings, the Mr. BURNS. Therefore, I now ask for with Your peace so that we can live Senate will move to executive session the yeas and nays on Calendar Nos. 173 with confidence and courage. for the consideration of two judicial and 175. You have told us that to whom much nominees. Therefore, Senators can ex- The PRESIDENT pro tempore. Is is given, much is required. Thank You pect two consecutive votes at 2:15 there a sufficient second? There ap- that You have taught us also that of today. pears to be a sufficient second. whom much is required, much shall be When the Senate returns to legisla- The yeas and nays were ordered. given. Lord, You require a great deal of tive session, it will resume consider- Mr. BURNS. I ask unanimous consent the women and men of this Senate. ation of the Interior appropriations that the period of morning business be Provide them with an extra measure of bill. Amendments are expected to be divided as follows: Senator DASCHLE or Your strength, wisdom, and judgment offered, and therefore Senators can ex- his designee in control of the first 30 for the crucial work of this next ses- pect additional votes throughout to- minutes; Senator THOMAS in control of sion of the 106th Congress. day’s session. the second 30 minutes. We thank You for all the people who It is hoped that the Senate can com- I further ask consent that imme- make it possible for the Senate to func- plete the Interior appropriations bill diately following the use or yielding tion effectively. Especially, we thank on Thursday at a reasonable time. As a back of those times, the Senate stand You for the Senators’ staffs and all reminder, there will be no votes on Fri- in recess until 2:15 today for the week- those here in the Senate Chamber who day in observance of the Rosh Hasha- ly policy luncheons. work cheerfully and diligently for long nah holiday. The majority leader looks I further ask unanimous consent that hours to keep the legislative process forward to a productive legislative pe- following the votes at 2:20, Senator moving smoothly. Help us to take no riod as we complete the appropriations FEINGOLD be recognized to speak in one for granted and express our grati- process, and he thanks all Senators in morning business for up to 30 minutes. tude to everyone. advance for their cooperation. The PRESIDENT pro tempore. With- Now we commit this day to You, for f out objection, it is so ordered. You are our Lord. Amen. Mr. BURNS. Mr. President, I yield ORDER OF PROCEDURE the floor. f Mr. BURNS. Mr. President, as in ex- The PRESIDENT pro tempore. The ecutive session, I ask unanimous con- Senator from Minnesota is recognized. PLEDGE OF ALLEGIANCE sent that at 2:15 p.m. today the Senate Mr. WELLSTONE. Mr. President, I The Honorable CONRAD BURNS, a proceed to executive session to con- ask unanimous consent that I be al- Senator from the State of Montana, led sider Calendar Nos. 173 and 175. lowed to speak for 10 minutes, followed the Pledge of Allegiance, as follows: I further ask unanimous consent that on our side by Senator BOXER and Sen- I pledge allegiance to the Flag of the following 5 minutes of debate equally ator DORGAN, 10 minutes each. United States of America, and to the Repub- divided in the usual form, the Senate The PRESIDENT pro tempore. With- lic for which it stands, one nation under God, then proceed immediately to two con- out objection, it is so ordered. indivisible, with liberty and justice for all. secutive votes on the confirmation of Mr. WELLSTONE. I thank the Chair.

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

S10537

.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10538 CONGRESSIONAL RECORD — SENATE September 8, 1999 EAST TIMOR FAMILY FARMERS Yesterday in Iowa we had an impor- Mr. WELLSTONE. Mr. President, Mr. WELLSTONE. Mr. President, I tant hearing with Senator GRASSLEY while Senator FEINGOLD is in the will take a brief period of time today, and Senator HARKIN, and we had sev- Chamber, I wish to indicate my support I say to my colleagues and to the Chair eral hundred farmers there. I said that for his effort—our effort—to make it who cares deeply about this issue as we should have a moratorium on all crystal clear to the Government of In- well, I intend to take the time I need mergers and acquisitions and mar- donesia that the brutal murder of the to give a report to the Senate and to keting agreements between agri- men and women of East Timor has to the country about what is happening in businesses with revenues over $50 mil- stop, that we will hold the Government agriculture. I say this to the Chair who lion until the Congress reviews the of Indonesia accountable, that we will I know cares deeply about this. antitrust laws. I am going to bring this do everything we can to exert our le- I have spent most all of August orga- moratorium to the floor, speaking verage, including the question of nizing with farmers. I have spent al- about concentration of power. whether there will be any financial as- most all my time in our agricultural Whatever happened to the Sherman sistance, and that the world commu- and rural communities. I can tell my Act and the Clayton Act and the work nity is watching. We want to commu- colleagues that we are now experi- of Senator Kefauver? What does it encing an economic convulsion, and on nicate from the floor of the Senate our mean when we have a few packers and our present course we are going to lose support to the people of East Timor. they control almost all of the market? a whole generation of farmers and pro- What does it mean, with our livestock f ducers. This is not just a battle or a producers facing extinction and IBP struggle for a fair price for family and ConAgra and a lot of these large farmers, it is a struggle for the sur- CBS–VIACOM MERGER outfits making record profits? vival of our rural communities. Mr. President, this is an injustice. I Mr. WELLSTONE. Mr. President, be- I spent time in northwest Minnesota, am telling Democrats and Republicans, fore going to the main topic of my re- in southeast Minnesota, in west central we have to make it a priority and we marks, I wish to briefly speak about a Minnesota, and then in southwest Min- have to push through legislation over story today in the papers that I just nesota, at one farm gathering after an- the next 2 months that will make a dif- think Senators, Democrats and Repub- other. The good news is that many ference. A lot of these farmers are licans, must take note of. This is the farmers turned out for our meetings, going to be gone if we don’t. I speak report. Top executives of CBS and and that made me proud as a Senator. today to give a brief report, although I VIACOM will be huddling today with The bad news is that people are in such am going to start coming to the floor top officials of the Federal Commu- economic pain. The bad news is that and talking at great length about the nications Commission. CBS–VIACOM people are in such desperate shape. The number of farmers we are losing. executives will be lobbying the FCC to bad news is that people who have Tracy Beckman, who directs the approve their proposed merger and to worked so hard and are asking for Farm Services Administration, has fig- relax FCC restrictions on media con- nothing more than a decent price so ures on all our counties, on what an centration. they can have a decent standard of liv- emergency situation this is, on what a Mr. President, I think that FCC ing to give their children the care they crisis situation this is, and on what we know they need and deserve are not Chairman Kennard has done an excel- can do. We can take the cap off the getting a decent price. lent job, but I do believe this private loan rate. We can rewrite the farm bill. meeting would be improper and inap- This Congress has to take action, and it has to take action this fall. We can Freedom to Farm has become the propriate. I think the meeting should ‘‘Freedom to Farm for No Money,’’ the be held in public. I think the public get the emergency financial assistance out to people. Because of the way we ‘‘Freedom to Fail.’’ We have to change needs to know what is going on. I say the farm bill. We have to take some this because I cannot think of anything are doing it, too much assistance will be going to some people who do not antitrust action. We have to be on the more frightening in a representative need it as much, and not enough will be side of family farmers and producers. democracy than to continue to see this going to many people who need it We have to make sure they get a fair consolidation of media, these media more. But it is a price crisis and we price. We have to have a fair trade pol- mergers, and this concentration of have to get the price up. We need to icy and we need to do it now. Speeches power over the flow of information. take the cap off the loan rate. We need are not enough. I think this is a terribly important to give the producer some leverage in Rural American farmers, when you question. I think it goes to the heart of the marketplace—with a farmer-owned come here next week, turn up the heat. the functioning of our democracy. Our reserve—and the ability to extend the When you meet with Senators and Rep- democracy depends upon citizen access payback period of the loan rate. We resentatives, turn up the heat. Ulti- to a wide and divergent range of views need to give our producers a fair shot. mately, it is going to take rural Amer- and information. We depend upon a free We need to get the prices up. Our farm- ica raising heck in order to turn this and independent media that will hold ers do not have cash-flow and they are situation around. both private and public power account- going to be driven off the land. This August, for me, was the most able to people. This dramatic surge in I believe our country will deeply re- difficult during my time in the Senate. media concentration makes this more gret what is now happening in agri- It was the most emotional 3 weeks I difficult. It makes it more difficult for culture. It is a food scarcity issue. Who ever spent with people in my State. I our media to perform these essential is going to farm the land? Are we going say to the Senator from California, functions. I believe we are seeing a to have affordable food? Is it going to who is a good friend, what happens at breathtaking, frightening concentra- be food that is healthy and safe for our these farm gatherings is that people tion of power in the media over the families? What about the environment? will say to you: Thanks for caring, it flow of information, and I think it con- What about the whole idea of pattern makes me feel good. And you reach out stitutes a direct threat to our democ- of land ownership? to shake their hand, and they are cry- racy. So much is at stake for America, but ing, just crying because they are going I hope this meeting and this debate I do not think this crisis, of which the to lose everything. Their farm has been will take place publicly and that there Presiding Officer is aware, is breaking in the family for generations. It is will be meaningful coverage by the through. No amount of self-reliance is where they work, it is where they live, major media in our country of this pro- going to help the farmers, given the and they are going to lose it all. The posed merger of CBS and Viacom. The prices they are getting for wheat, corn, implement dealers, the bankers, the public needs to be engaged in this de- and soybeans. Our livestock producers educators, the hospital people, and the bate. This is a serious and important are faced with the most outrageous sit- health care people all say: Our rural question. Media concentration is a real uation: they find themselves con- communities are going to be ghost threat to our representative democ- fronted with a few packers who control towns. racy. almost all of the market in terms of This is needless suffering. This does (Mr. BURNS assumed the Chair.) whom they can sell to. not have to be. This is not Adam

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10539 Smith’s invisible hand. It is not some sive prayer, calling to our attention shows without going through back- law of gravity. The only inevitability the things we take for granted, the ground checks. We banned the importa- about what is happening to family good people around here who work so tion of high-capacity ammunition clips farmers is the inevitability of a hard and always do it in a way that which are used in semiautomatic as- stacked deck. If we change policies and makes us feel as though we are not sault weapons. We required child safety give them leverage so they can get a asking them to work very hard, and we devices be sold with every handgun. We decent price in the marketplace, if we are asking them to work very hard. required the Federal Trade Commis- take on some of these conglomerates They are always pleasant. That in- sion and the Attorney General to study and put free enterprise in the food in- cludes the staff on both sides. I thank the extent to which the gun industry is dustry, and if we move forward on the Chaplain for that. marketing its products to our students, trade policy, we can make a huge dif- f our children. We made it illegal to sell ference. UNFINISHED BUSINESS or give a semiautomatic weapon to This is an issue that goes to the anyone under the age of 18. That is an heart and soul of what America is Mrs. BOXER. Mr. President, I rise assault weapon. about. America, if you are listening to today, first of all, to say it is good to These are very simple. They are very what we are saying in the Senate, this be back in the Senate because I am straightforward. We passed them in the is all about the country, this is about very hopeful we can do something, in Senate, and they are in conference. I food scarcity, this is about getting food the remaining days and weeks we have, have yet to see that conference com- at a price you can afford. It is about to make life better for the people we mittee meet. I certainly hope it will. I who is going to own the land. This is represent. I also have had some won- look forward to the opportunity for about whether or not we are going to derful interaction with the people of getting the people’s business of pro- have a rural America. This is about my State. They have some very strong tecting our children done. That is whether we are going to have a few opinions on many of the issues facing school safety. conglomerates muscle their way to the us. We have a lot of other unfinished dinner table and exercise their power I think the message I got more than business. There are not that many over all phases of the industry—over anything was, can’t you get together things but they are all very important. the producers, over the consumers, on both sides of the aisle and address We have the issue of saving Medicare— over the taxpayers—or whether we are the issues that impact our daily lives? a very important part of the Presi- committed to a family farm structure I certainly think that is an appropriate dent’s proposal, saving Medicare. We in agriculture. sentiment. have to get down to it. We have to do That is not to say that the Congress I come from a State, Minnesota, it. We have the issue of paying down shouldn’t be doing its oversight inves- where family farmers are really impor- the debt. We have a huge debt. We have tigations, be it the Waco incident or tant. They are so important to my an opportunity with the surplus to pay State, but they are important to our what has occurred in Russia. I am not against any of that. I am for that. But it down and save all those interest pay- country. I hope and pray over the next ments on the debt that we continue to 2 months we will take action in Con- we have to do everything around here. We have to do the oversight, but we pay out every single day, $1 billion a gress that will make a positive dif- day just to pay the interest payment ference and will change this policy. also have to pay attention to business. There is an article in today’s Wash- on the debt that has accumulated since I yield the floor. the 1980s. We ought to pay that down. The PRESIDING OFFICER. The Sen- ington Post written by Elizabeth Drew, who wrote a book called ‘‘The Corrup- On the minimum wage, I was amazed ator from California. to see a report in the Los Angeles Mrs. BOXER. Mr. President, before I tion of American Politics: What Went Times about the condition of people begin my remarks, I ask unanimous Wrong and Why.’’ She has a very inter- who live in Los Angeles County. I know consent that Senator FEINGOLD and esting article called ‘‘Try Governing my friend, the Chaplain, is from that Senator REED each be given 10 minutes for a Change.’’ She says to Congress: area. More than 20 percent of Los An- at the conclusion of Senator DORGAN’s Welcome back. We hope you had a nice geles County residents live below the time. Of course, if people from the vacation. We hope you will use the few official poverty line. That is $16,450 a other side want that courtesy, we will weeks that remain to govern, rather year for a family of four. This is reflec- be happy to support that. than to position yourselves politically. The PRESIDING OFFICER. Without That is my message today. We have tive of a lot of people in our Nation. It objection, it is so ordered. unfinished business. I will go through is not just Los Angeles. When most Mrs. BOXER. Mr. President, before some specifics. I am not going to just people think of Los Angeles, they Senator WELLSTONE leaves the floor, I stand up and talk in generalities. I think of Hollywood. They think of mil- thank him. I thought his comments want to be specific. lionaires. They have to understand were very poignant, and what he is ad- One of the first things we have to what is happening to real people. dressing is some of the unfinished busi- deal with is school safety. Our children Twenty percent are living in poverty. ness of this body, things we have to are back at school. We have provisions One out of every three children in Los take care of. Certainly one of them is in the juvenile justice bill that are now Angeles lives in poverty. If you go to the problems of the family farmer. in conference that can make schools Los Angeles and see little children, one safer. We also have provisions in the out of three of them is living in pov- f commerce bill that will make schools erty. That is up from one out of four in EAST TIMOR safer. What are some of these? 1990. Mrs. BOXER. Mr. President, I add my The Gregg-Boxer amendment that is You might say: Well, maybe it is just voice in praising Senator FEINGOLD for in the Commerce bill, which would pro- minority kids. No, it is a lot of chil- his leadership in the Foreign Relations vide $200 million for school safety ac- dren, across the board. It is 21 percent Committee, on which I serve, on this tivities, including security equipment, of Anglo children living in poverty; 21 whole issue of East Timor. hiring more police officers, and vio- percent of Asian American children are There are some things we can do very lence prevention programs for our chil- living in poverty in Los Angeles; 33 quickly in the Senate to send a mes- dren, is a bipartisan provision. It percent of African American children sage to Indonesia that we will not passed overwhelmingly. It ought to are living in poverty in Los Angeles; 43 stand by and see this violation of move forward. We ought to have that percent of Latino children are living in human rights occur. We have some le- help for our schools. poverty in Los Angeles; 12 percent of verage. We have some agreements. We The gun control provisions in juve- elderly people are living in poverty in can make a difference. nile justice that are so very important Los Angeles, an increase from 9 percent f and, might I add, are not radical—they in 1990; 2.7 million residents of Los An- are very moderate—I want to see us geles County have no health insurance. THANKING THE CHAPLAIN pass. What I am saying is, when we talk Mrs. BOXER. Mr. President, I thank We closed the gun show loophole that about the minimum wage, this is real. the Chaplain today for his very inclu- allowed criminals to get guns at gun Most of these people are working very

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10540 CONGRESSIONAL RECORD — SENATE September 8, 1999 hard. What is happening in our society Mr. President, I thank you for your We have not ratified this treaty. At today is people are working hard at the indulgence. I know my colleague, Sen- the meeting in Vienna, countries that very bottom levels. I think the least we ator DORGAN, has a lot to say on these have ratified it will participate in dis- can do in this incredible economic cli- and other matters. Again, I com- cussing the implementation of this mate that so many of us are benefiting pliment my friends who are taking the treaty, and this country will not be an from is to raise that minimum wage, lead on the East Timor situation. We active participant. Great Britain, Bel- save Medicare, help our seniors, pay have unfinished business to do. Let’s gium, Germany, Canada, Italy, Nor- down the debt, help the future, pass get it done and do it across the party way, Poland, and France will be but we these safety provisions so our kids are aisle and go home proud of our accom- will not. We are the largest nuclear su- safe in school, and pass a Patients’ Bill plishments. perpower on Earth and we have not of Rights. We have a watered down bill I yield the floor. ratified this treaty. in the Senate but they are going to f What about nuclear weapons and nu- pass a good one in the House. Get them clear war? I was in the presence of a DEPARTMENT OF COMMERCE, JUS- nuclear weapon recently at a military into conference and pass it, bring it TICE, AND STATE, THE JUDICI- out. installation. If you stand a foot or two ARY, AND RELATED AGENCIES away from a nuclear weapon and look Finally, campaign finance reform is APPROPRIATIONS ACT, 2000 so important. Of all these issues I have at it, it is a relatively small canister- mentioned, I am sad to say our major- The PRESIDING OFFICER. Under looking device that, upon explosion, ity leader has only put one on the the order of the Senate on July 22, the will devastate portions of our Earth. agenda for his must-do list. That is Senate having received H.R. 2670, the Going back nearly 40 years to an ad- campaign finance reform. I am glad it Senate will proceed to the bill, all after dress by John F. Kennedy, he said is there. It is there because there was a the enacting clause is stricken, the something about nuclear weapons. In threat to shut down this place if it text of S. 1217 is inserted, H.R. 2670 is fact, he quoted Nikita Khrushchev: wasn’t on there, but I am glad it is on read the third time and passed, the Since the beginning of history, war has the list. All of these other things are Senate insists on its amendment, re- been mankind’s constant companion. It has quests a conference with the House, been the rule, not the exception. Even a na- not there. tion as young and as peace-loving as our own What is worse, when you look at the and the Chair appoints Mr. GREGG, Mr. STEVENS, Mr. DOMENICI, Mr. MCCON- has fought through eight wars. A war today most important thing the Republican or tomorrow, if it led to nuclear war, would NELL, Mrs. HUTCHISON of Texas, Mr. majority wants to do, it is going to not be like any war in history. A full-scale hurt all these other things, because it CAMPBELL, Mr. COCHRAN, Mr. HOLLINGS, nuclear exchange, lasting less than 60 min- is a huge tax cut of $800 billion that is Mr. INOUYE, Mr. LAUTENBERG, Ms. MI- utes, with the weapons now in existence, going to help the people at the upper KULSKI, and Mr. BYRD conferees on the could wipe out more than 300 million Ameri- part of the Senate. echelons and hurt everyone else. There cans, Europeans, and Russians, as well as un- (The text of S. 1217 is printed in the told numbers elsewhere. And the survivors, won’t be any money for Medicare. RECORD of July 27, 1999) as Chairman Khrushchev warned the Com- There won’t be any money to save that The PRESIDING OFFICER. The Sen- munist Chinese, ‘‘the survivors would envy program. There won’t be any money to ator from North Dakota is recognized. the dead.’’ For they would inherit a world so pay down the debt so we can be good to devastated by explosions and poison and fire f our grandchildren and their children. that today we cannot even conceive of its There won’t be anything for education. THE COMPREHENSIVE NUCLEAR horrors. There won’t be anything for the envi- TEST BAN TREATY This country and Russia have 30,000 ronment. Mr. DORGAN. Mr. President, on Oc- nuclear weapons between them. Other I say to my friends, let’s do what the tober 6, 7, and 8, there will be a meet- countries want nuclear weapons, and people want us to do. Let us take care ing in Vienna, Austria. It will be they want them badly. To the extent of business. among countries that have ratified that any other country cannot test nu- There was an extraordinary field poll something called the Comprehensive clear weapons, no one will know wheth- done in California. I think it is very in- Nuclear Test Ban Treaty. That treaty er they have a nuclear weapon that structive, and it is amazing in the is embodied in this document I hold in works. No one will have certainty that scope of what it said. my hand. they have access to nuclear weaponry. It said that more than 80 percent of Now, what is the Comprehensive Nu- That is why the Comprehensive Test the people of California agreed with clear Test Ban Treaty? It is a treaty Ban Treaty is so critical. the President’s approach to the budget, negotiated by a number of countries Now, where is it? Well, it is here in which, as we know, is to take that sur- around the world; 152 countries, in fact, the Senate. It has been here 716 days, plus and use a third of it for tax cuts have signed the treaty and 44 countries with not even 1 day of hearings. Not for the middle class, a third of it for have ratified the treaty. It is a treaty one. Virtually every other treaty sent Medicare, and a third of it for edu- designed to prohibit any further explo- to the Senate has been given a hearing cation, the environment, health re- sive testing of nuclear weapons any- and has been brought to the Senate search. Now, this means the majority where in the world, at any time, under floor and debated and voted upon. The of Republicans agree with the Presi- any condition. issue of the proliferation of nuclear dent on this point. This treaty ought to be an easy trea- weapons and the stopping of explosive I think we have a golden opportunity ty for this country and this Senate to testing of nuclear weapons is not im- to come together on issues that mean a ratify. But we have not done so. At a portant enough to be brought to the lot to the people: school safety, a Pa- time when India and Pakistan explode Senate floor for a debate. It has been tients’ Bill of Rights, campaign finance nuclear weapons literally under each over 700 days. Not 1 day of hearings. reform, raising the minimum wage, other’s chins—these are two countries In October, this country, which ought saving Medicare, paying down the debt, that don’t like each other—at a time to be the moral leader on this issue, targeted tax relief to the middle class, when we have evidence of more pro- will not be present as a ratified mem- not to those at the very top who are liferation of nuclear weapons into the ber at the implementing meetings for doing very well. hands of countries that want access to this treaty. Shame on us. We have a re- And the reason I shared the survey nuclear weapons with which to, in sponsibility to do this. There are big with you on the poverty in Los Angeles some cases, defend themselves, perhaps issues and small issues in this Con- is that while the economy is terrific in other cases to terrorize the rest of gress. This is a big issue and cannot be and is going very well in California, the the world, this country ought to be ex- avoided. gap between the rich and the poor is hibiting leadership. It is our moral re- Now, I am not here to cast aspersions growing mightily. Those of us who care sponsibility to provide leadership in on any Member of the Senate. But I about our fellow human beings cannot the world on these issues. This country waited here this morning to have the turn our backs on this, regardless of ought to provide leadership on the majority leader come to the floor—and our party, because it is a recipe for issue of the Comprehensive Nuclear he was not able to come to the floor— problems in the future. Test Ban Treaty. to describe the agenda this week. When

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10541 he comes to the floor, I intend to come place, but those who do should know The trump card of those who believe the to the floor and ask him when he in- this is going to be a tough place to run United States should maintain a testing op- tends to bring this treaty to the floor. if you do not decide to bring this issue tion is that computer calculations alone can- not provide the degree of certitude about the If he and others decide it will not come to the floor of the Senate and give us reliability of weapons in the American to the floor, I intend to plant myself on the opportunity to debate a Com- stockpile that would prudently allow us to the floor like a potted plant and object. prehensive Nuclear Test Ban Treaty. forgo tests. This is a matter of continuing I intend to object to other routine busi- This will not be an easy road ahead for contention among the specialists. But what ness of the Senate until this country the Senate if you decide that this coun- seems to us much less in contention is the decides to accept the moral leadership try shall not exercise the moral leader- proposition that, given American techno- that is its obligation and bring this ship that is our responsibility on these logical prowess, the risk of weapons rotting treaty to the floor for a debate and a in the American stockpile has got to be a matters. good deal less than the risk that other coun- vote. If I might with the remaining minute tries will test their way to nuclear status. In a world as difficult as this world or so mention an editorial in the Wash- The core question of proliferation remains is, when countries such as India and ington Post from yesterday, I ask what will induce would-be proliferators to Pakistan are detonating nuclear weap- unanimous consent that it be printed get off the nuclear track. Certainly a ‘‘mere’’ ons, it is inexcusable, when so many in the RECORD. signature on a piece of paper would not stay other countries are trying to gain ac- There being no objection, the mate- the hand of a country driven by extreme nu- cess to nuclear weapons for themselves, rial was ordered to be printed in the clear fear or ambition. Two things, however, could make a difference. One is if the nuclear that this Senate, for over 2 years, has RECORD, as follows: powers showed themselves ready to accept not been willing or able to allow a de- WHY A TEST BAN TREATY? some increasing part of the discipline they bate on a treaty as important as is this The proposed nuclear test ban treaty has are calling on non-nuclear others to accept, treaty. The banning of nuclear explo- been around so long—for 50 years—and has so that the treaty could not be dismissed as sive testing all around the world at any been so shrouded in political foliage that punitive and discriminatory. The other is time, anyplace, anywhere is critically many people have forgotten just what it en- that when you embrace the test ban and re- important for our future, for our chil- tails. The current debate about it centers on lated restraints on chemical and biological weapons, you are joining a global order in dren, and for their children. the Clinton administration’s differences with the Russians on the one hand and with the which those who play by the agreed rules Now, my colleagues know—at least I Republicans on the other. But in fact the ap- enjoy ever-widening benefits and privileges hope some know—that I am fairly easy peal of the treaty is a good deal simpler and and those who do not are left out and behind. to work with. I enjoy the Senate. I more powerful than the debate indicates. President Clinton signed the test ban trea- enjoy working with my colleagues. I This treaty would put an end to underground ty, and achieving Senate ratification is one think some of the best men and women nuclear tests everywhere; tests above ground of his prime foreign policy goals. More im- I have had the privilege of working already are proscribed either by treaty or by portant, ratification would make the world a political calculation. Its merits shine safer place for the United States. Much still with in my life are here on both sides has to be worked out with the Republicans of the aisle. I have great respect for through. Testing is the principal engine of nuclear and the Russians, but that is detail work. this body. But this body, in some ways, proliferation. Without tests, a would-be nu- The larger gain is now within American is very frustrating as well because clear power cannot be sure enough the thing reach. often one or two people can hold up would work to employ it as a reliable mili- The editorial says the following: something very important. In this cir- tary and political instrument. Leaving open The core question of proliferation remains cumstance, I must ask the majority the testing option means leaving open the what will induce would-be proliferators to leader—and I will today when given the proliferation option—the very definition of get off the nuclear track. Certainly a ‘‘mere’’ opportunity when he is on the floor— instability. The United states, which enjoys signature on a piece of paper would not stay when will we have the opportunity to immense global nuclear advantage, can only the hand of a country driven by extreme nu- be the loser as additional countries go nu- debate this Comprehensive Test Ban clear fear or ambition. Two things, however, clear or extend their nuclear reach. The as- could make a difference. One is if the nuclear Treaty. piring nuclear powers, whether they are powers showed themselves ready to accept That meeting in October should not anti-American rogue states or friendly-to- some increasing part of the discipline they proceed without this country providing America parties to regional disputes, sow are calling on non-nuclear others to accept, a leadership role. The only way that danger and uncertainty across a global land- so that the treaty could not be dismissed as can happen is for us to have ratified scape. No nation possibly can gain more than punitive and discriminatory. The other is the treaty. China and Russia have not we do from universal acceptance of a test that when you embrace the test ban and re- ratified the treaty; that is true. They ban that helps close off others’ options. lated restraints on chemical and biological At the moment, the treaty is hung up in are waiting on this country. India and weapons, you are joining a global order in the Senate by Republicans desiring to use it which those who play by the agreed rules Pakistan are now talking about deto- as a hostage for a national missile defense of enjoy ever-widening benefits and privileges nating more nuclear weapons; that is their particular design. This is curious. The and those who do not are left out and behind. true. They are asking others to implore obstructionists pride themselves in believing The point is that this country must one or the other to ratify this treaty. American power to be the core of American demonstrate moral leadership on this Both countries are waiting for this security. Why then do they support a test ban holdup that multiplies the mischief and issue and must do it now. country’s leadership. What kind of Seventy to eighty percent of the credibility does this country have to go menace of proliferators and directly erodes American power? The idea has spread that American people support the ratifica- to India and Pakistan and say to them, Americans must choose between a test ban tion of this treaty. Most American peo- ‘‘You must ratify this treaty,’’ and treaty and a missile defense. The idea is ple understand that this issue is about when they turn to us to say, ‘‘Have false. These are two aspects of a single who is going to have access to nuclear you?’’ we would say no? Somehow, the American security program, the one being a weapons in the future. And, inciden- Senate could not, in 700 days, even hold first resort to restrain others’ nuclear ambi- tally, on the issue of nonproliferation 1 day of hearings on the Comprehensive tions and the other a last resort to limit the of nuclear weapons, which is about as Nuclear Test Ban Treaty. damage if all else fails. No reasonable person important an issue as there is for us, would want to cast one of these away, least We have to do better than that. I am this is a baby step. If we can’t take the sorry if I am going to cause some prob- of all over details of missile program design. Those in the Senate who are forcing an ei- baby step of ratifying this treaty, what lems around here with the schedule. ther-or choice owe it to the country to ex- on Earth will be the result of tougher, But frankly, as I said, there are big plain why we cannot employ them both. more difficult things we are called issues and there are small issues. This The old bugaboo of verification has arisen upon to do? is a big issue. And I am flat tired of in the current debate. There is no harm in This isn’t Republican or Democrat. It seeing small issues around this Cham- conceding that verification of low-yield tests is a responsibility for all Members of ber every day in every way, when the might not be 100 percent. But the reasonable the Senate to say it is outrageous that big issues are bottled up in some com- measure of these things always has been whether the evasion would make a dif- after 700 days, a treaty that has been mittee and the key is held by one or ference. The answer has to be that cheating signed and sent to the Senate has not two people. Then we are told: If you do so slight as to be undetectable by one or an- been ratified or had one day of hear- not like it, tough luck; you don’t run other American intelligence means would ings. We have an obligation and a re- this place. It is true, I don’t run this not make much difference at all. sponsibility. We, in my judgment, have

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10542 CONGRESSIONAL RECORD — SENATE September 8, 1999 a right to expect this be brought to the But in terms of the priority of this The net result is a situation that is floor for a debate and a vote. country, I think our colleagues need to very different from that which per- The PRESIDING OFFICER. The Sen- understand that treaty can’t even go tained at the turn of the century when ator’s time has expired. into effect until 100 percent of the we had very healthy forests of very The Senator from Wyoming is recog- major countries of the world sign it. large trees that were spaced quite a nized. There are many countries that haven’t distance apart, with meadows in be- f signed it. It is going to be years before tween, with a lot of good grass that that treaty goes into effect. There is no livestock and wild animals could graze ORDER OF PROCEDURE rush for the United States to have to on, and which were not prone to forest Mr. THOMAS. Mr. President, I think take up that treaty. fire because the fire would work along we have 30 minutes assigned in morn- To be threatened with stopping all the ground when it occurred. It would ing business. I want to begin to talk business of the Senate until it can de- reduce the fuel load on the ground, but about what I think is a very big issue; bate the Comprehensive Test Ban Trea- it would never get to be the kind of that is, the appropriations discussions ty, I hope my colleague will reconsider crown fire we have just seen on tele- that will take place on the Interior and his position on that. We talk about vision that has been experienced in sev- related agencies which will start after what I consider to be first things first, eral States in the West, not the least of morning business. and that would be to finish our busi- which is in California. I would like to yield to my friend, ness here, which is, first of all, to get You get the crown fires when you the Senator from Arizona. the appropriations bills passed and sent have a lot of brush on the ground. You The PRESIDING OFFICER. We have to the President for his consideration. have these small, dense trees and many time reserved for the Senator from f come under the boughs of the great big Wisconsin. The Chair was alternating trees. The fire starts on the ground and back and forth. INTERIOR AND RELATED AGENCIES APPROPRIATIONS goes right up to the crown of the other Mr. THOMAS. It was my under- trees. We have all seen from those tele- standing that we had an hour of time Mr. KYL. Mr. President, one of the vision pictures the explosive power of and half was ours and half of it was al- appropriations bills we have yet to act the fires. It is a horrendous situation. ready used. upon is the Interior appropriations bill, It threatens life and limb as well as the The PRESIDING OFFICER. They as Senator THOMAS pointed out. He destruction of the forest and all that is have time remaining. The Senate had a comes from the State of Wyoming. I within it. late start. come from the State of Arizona. Prac- We have to find a way to better man- Mr. FEINGOLD. Mr. President, if I tically every State west of the Mis- age our forests. We have been for some could be of help, it is my understanding sissippi is significantly impacted by time urging the Department of Agri- they have 30 minutes and, subsequent this bill because, as I am sure you are culture and the Department of the In- to that, Senator REID and I will each well aware, Mr. President, coming from terior to work on a management pro- have 10 minutes. That is my under- the State of Montana, more than a gram which essentially involves the standing of the unanimous consent third of this Nation’s lands are owned thinning of these small-diameter trees, agreement. by the Federal Government. Most of leaving the large-diameter trees—leav- The PRESIDING OFFICER. The Sen- those are in the western United States. ing the old growth but thinning out the ator from Arizona. Many of those lands are under the ju- small-diameter trees, and then doing Mr. KYL. Thank you, Mr. President. risdiction of the Department of the In- controlled burns to get rid of the fuel I thank the Senator from Wisconsin terior. load, and after that letting nature take and I thank Senator THOMAS from Wy- This is an extraordinarily important its course. oming. bill for the people of our States. I just We have found from experimen- f want to discuss one aspect of it that is very important for my State of Arizona tation—primarily through Northern THE NUCLEAR TEST BAN TREATY and other States in the western United Arizona University, Dr. Walley Cov- Mr. KYL. Mr. President, I just want States. ington, and others who have done the to talk for a brief bit of time on the In- We have a very difficult condition in research and demonstration projects terior appropriations bill and on some our national forests now. They have we have funded—that the trees become matters that are very important to been probably—I think it is not too more healthy. The pitch content of the people throughout this country, par- strong a term—‘‘mismanaged’’ over the trees increases significantly. So they ticularly in the West. But let me begin years. It has been a combination of are less susceptible to bark beetles and by making a comment about what the things. It has been the combination of other kinds of insect damage. The Senator from North Dakota has just the Forest Service, the Department of grasses grow up underneath the trees said. In fact, he has said that he is Agriculture, the Department of the In- as they didn’t do before. The protein going to threaten to bring the business terior, the grazing on public lands, the content of the grasses is significantly of the Senate to a halt unless he gets way that fire suppression has taken off, higher. So it is much better grazing for his way, and what he wants to do is and some other things which have re- the forest animals. In every respect, have a debate on the Comprehensive sulted in the condition where, instead from an environmental point of view, it Test Ban Treaty. of healthy forests of large trees that is a better situation than that which There are a lot of important things have great environmental value and pertains today. facing this country. But to quote from value to the other flora and fauna in This takes money because you have the President of the United States, who the forest and which present a rel- to pay to go in and do the thinning. very recently gave a talk about putting atively safe situation in terms of forest Each one of these projects requires a first things first, it seems to me that fires, we now have a situation in the substantial amount of money. most of the American people would West where our forests are literally be- So far, the research has been done on like to put first things first, and that coming overgrown. small plots of land. But according to would include matters such as the con- They are becoming so thick and the General Accounting Office, we have tinuation of the running of the Govern- dense with small-growth trees that: about 25 to 30 years maximum to treat ment for the next year which would re- (A) They are very fire prone. all of our forests or we are going to be quire us to pass appropriations bills to (B) They are not resistant at all to into a contagion situation with very fund the various Departments of the disease and to insects. little hope of saving these forests. In Government, not the least of which is (C) They are not environmentally fact, we have about 39 million acres of the Department of the Interior which pleasing at all. national forest lands in the interior is what we are going to be talking (D) None of the trees grow up to be West that are at high risk of cata- about next. There will be plenty of very large because they are all com- strophic fire, and only this brief period time to debate the Comprehensive Test peting for the moisture and the nutri- of maybe 25 years to effectively man- Ban Treaty. ents in the soil. age these forests.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10543 There are two major impediments to not work effectively in delivering serv- erals; mostly oil, trona, soda ash or solving the problem. One is agency in- ices. I think that is especially true coal; Wyoming is the largest producer ertia. It has taken a long time to get when we start talking about the man- of coal in the country which most peo- the agencies up and running. Secretary agement of resources and the manage- ple don’t realize—is income for the Babbitt has been supportive of this ment of lands. State and the Federal Government concept. There are extremists in the This chart shows the Federal land with their royalties. environmental community who want holdings by State. The color brown rep- We have currently and in this bill we to prevent any management of the for- resents almost all New England States will talk about funding for the Fish est. Many fine environmental groups with less than 1 percent of their total and Wildlife Service which manages are supportive of participation in this land surface held by the Federal Gov- the Endangered Species Act. This is a program, but there are extremists who ernment. Blue represents States with 1 very difficult area. Everyone wants to file lawsuits to try to prevent any percent to 5 percent, including much of preserve critters, animals, and plants management. the South and the Midwest. Five to 10 that are endangered. At the same time, I have asked Forest Service Chief percent are the purple-colored States. there are some questions when we have Dombeck to support a dramatic in- In the West, the yellow-colored States an animal in some danger. First, the crease in forest restoration. In fact, the have up to 65 percent of the State’s grizzly bears or wolves; now we have Forest Service plans to implement surface belonging to the Federal Gov- the Preble’s Meadow jumping mouse three to four large-scale projects of ernment. It is a unique proposition. listed as endangered. It becomes al- 100,000 to 300,000-acre size during fiscal Furthermore, there are States in green most a threat to the private land own- year 2000. The fiscal year 2000 budget that go beyond that. This map shows ers who are restricted from using their for the Forest Service called for reduc- almost 83 percent of Nevada—actually I lands as they desire because of the po- ing fuels on only 1.3 million acres, think it is probably 87 percent of Ne- tential threat of endangerment. down from 1.5 million planned for 1999. vada’s surface—belonging to the Fed- These are the issues we deal with. We The GAO estimates a very substan- eral Government. The same is true in deal with PILT payments, payments in tial increase in funding will be nec- Alaska. lieu of taxes. Fifty percent of the State essary, probably up to $725 million an- There is a great deal of difference in belongs to the Federal Government. nually, in order to adequately address how we do this. The lands belong to ev- There are no taxes as in private lands. this problem. I strongly support in- eryone. The economy of the States de- In this bill, there is funding for PILT creased restoration funding for this pends on Federal decisions that are payments. We will have an amendment fuels reduction program, including the made, including the jobs for everyone to raise it. Forest Service new line-item request who lives there. Local county govern- The counties provide hospital serv- ice, the counties provide policing, the for the forest ecosystem restoration ments take care of all services tran- counties provide all the services to improvement fund. This will be used to spiring on Federal lands. these lands but have received no rev- support forest restoration projects Let me show you an enlarged map of enue as the case would be if they had where current funding is not available Wyoming. This map gives you an idea been private lands. These are the or feasible, particularly in a situation of the amount of land in Wyoming be- longing to the Federal Government or things with which we deal. where the materials are available to be Much of this supports grazing. public lands. This is an Indian reserva- cut have no commercial value. Ranchers in Wyoming have permits. I plan to continue my efforts to sup- tion. Purple represents national parks. They pay so much per animal unit for We are very proud of them. The green port this. I know the Senator from Wy- grazing. We have a problem now be- represents U.S. forest reserves. The oming is strongly supportive of man- cause the Forest Service or the BLM interspersed yellow represents land aging our national forests—both the has not done a NEPA study for permit forests under the jurisdiction of the managed by the Bureau of Land Man- renewal. Unfortunately, they have not Department of Agriculture and the De- agement. Where the railroads went been able to complete the NEPA stud- partment of Interior—in a very sen- through in the early years are checker- ies. Now we are faced with the ques- sible fashion. We are just now starting board lands, with every other section tion: Does the grazing lease expire be- this. It has taken a few years to get being owned by the Federal Govern- cause there has not been a study? consent on the right way to do this. We ment. There are control and access There will be an amendment that have a lot more funding to provide. We problems for all of these areas. says you can go ahead and extend the need much more agency support for We depend highly upon the dollars grazing lease and let the BLM go ahead this forest restoration if we are going made available through the Interior and make the study; it doesn’t preclude to save the national forests of this appropriations. We have had much in- the study. The study will still be made, great country. volvement with the decisions made by but it allows the grazing to continue I think this is very important not the land management agencies in these because it is no fault of the grazer the only for the people in the West but areas, whether it be BLM or others. I study has not been made. throughout the country. I think it de- want to emphasize how important it is The Senator from Arizona talked serves our attention and our priority. to talk about some of these important about forests and forest management. I appreciate the opportunity for dis- issues. Obviously, in many cases there is some cussion this morning, and I thank the For example, these lands are basic kind of harvesting of mature timber. If Senator from Wyoming for reserving lands. BLM lands were largely residual it is not harvested and managed in the time to talk about these important that remained after the Homestead Act way you take it out, then it burns. issues. expired. They generally are lands in I just came back from spending sev- Mr. THOMAS. Mr. President, I take the plains of our State. The home- eral days in Yellowstone Park where this time to talk about the uniqueness steaders came in along the rivers and we had a gigantic fire in the late of the public lands of the West. It is creeks, taking the most productive eighties. It is discouraging to see how very clear there are great differences lands. The other lands remain managed long it takes to reforest an area of that among the States in terms of land by the BLM. To remain an agricultural kind. management, the kinds of land owner- unit it is always necessary to have the We are dealing again in this bill with ship that exist, and the delivery of productive lands and the other lands financing what is called the clean health care. for grazing. We use them for multiple water action plan which has to do with Wyoming is a large State. I think we use. nonpoint source water controls. One are the eighth largest State in the Everyone in Wyoming wants to use hundred eleven ideas, put forth by EPA United States yet the smallest in popu- the lands for wildlife, for the preserva- to do some things like that, frankly, lation. We have small towns. There are tion of wildlife, hunting, hiking. In- are going to be extremely difficult and twice as many people in Fairfax Coun- deed, they can be used together. It is will have much to do with the utiliza- ty as there are in the State of Wyo- sometimes difficult to find agreement. tion and multiple use of these lands be- ming. The point I make is ‘‘one size fits Multiple use, whether for mineral pro- cause you have to have the water to do all’’ in many areas of operation does duction or not—all the lands yield min- that.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10544 CONGRESSIONAL RECORD — SENATE September 8, 1999

We talk about droughts in the East. Ms. Pechman was chosen by a selec- to come to a vote after 31⁄2 years, he Frankly, this kind of area does not get tion committee jointly appointed by would be confirmed. It is a scandal, a as much rainfall in a normal year as we my colleague, Senator MURRAY, and shame on the Senate that we do not did in a drought. This is 14 inches per myself, and was jointly recommended confirm this nominee. year. The water, the runoff, and the ir- by the two Senators from the State of His treatment recalls the criticism rigation are a very real part of it. Washington to President Clinton. The the Chief Justice of the United States, We are going to move into this area President has therefore engaged fully William Rehnquist, has made of the this afternoon. I am very pleased with in the normal advice and consent proc- Senate. He pointed out that after a pe- what has been done. The Senator from ess for choosing Federal judges for this riod for review nominations should be Washington has put together a bill vitally important lifetime position. voted up or voted down. He pointed out which I think has great merit. We are Judge Pechman has significant judi- that too many nominations were being trying to do some things that will cial experience. She has served as a su- held up too long. The nomination of make it more workable in terms of oil perior court judge in King County, Judge Richard Paez is currently Ex- royalties, grazing fees, and some of the Washington, for a period of 11 years, hibit A. other things that do become controver- handling a wide range of cases, taking We are not doing our job. We are not sial. an active role in improving the admin- being responsible. We are being dis- I urge people to take a look at the istration of justice, and instructing honest, condescending, and arrogant situation, even though they do not live and teaching other judges and lawyers. toward the judiciary. It deserves better here, and try to understand why some Before becoming a judge, Marsha and the American people deserve bet- of these things need to be handled a lit- Pechman worked as a deputy pros- ter. tle bit differently because of the situa- ecuting attorney in King County and We have less than 8 weeks in which tion we have in the West. was later made a partner in a signifi- the Senate is scheduled to be in session I thank the Chair for the opportunity cant, major law firm in the city of Se- the remainder of the year. We have our to talk about this bill. I believe we attle. work cut out for us if we are to con- have used our time, or very close to it. I ask my colleagues to join with my sider the 49 judicial nominations pend- I yield back the time if we have not. colleague from the State of Wash- ing at the start of this week and others The PRESIDING OFFICER. The Sen- ington and myself in approving a first- who are being nominated over the next ator from Wisconsin. rate nomination on the part of the few weeks. Mr. FEINGOLD. I thank the Chair. President, Judge Marsha Pechman, to In spite of our efforts last year in the (The remarks of Mr. FEINGOLD and serve as United States District Court aftermath of strong criticism from the Mr. REED pertaining to the introduc- Judge for the Western District of Chief Justice of the United States, the tion of S. 1568 are located in today’s Washington. vacancies facing the Federal judiciary RECORD under ‘‘Statements on Intro- The PRESIDING OFFICER. The are, again, approximately 70 and the duced Bills and Joint Resolutions.’’) Chair recognizes the Senator from vacancies gap is not being closed. We f Vermont. have more Federal judicial vacancies Mr. LEAHY. Mr. President, I thank extending longer and affecting more RECESS the Republican leadership for allowing people. Judicial vacancies now stands The PRESIDING OFFICER. Under the Senate to consider and confirm two at over 8 percent of the Federal judici- the previous order, the Senate stands more outstanding judicial nominations ary. If one considers the additional in recess until the hour of 2:15 p.m. today. Marsha Pechman and Adalberto judges recommended by the Judicial There being no objection, the Senate, Jose Jordan had confirmation hearings Conference, the vacancies rate would at 1:19 p.m. recessed until 2:16 p.m.; on July 13. They were favorably re- be over 15 percent. whereupon, the Senate reassembled ported by the Judiciary Committee Nominees deserve to be treated with when called to order by the Presiding long before the August recess. dignity and dispatch—not delayed for Officer (Mr. ENZI). I regret that they were not confirmed two and three years. We are seeing out- f at that time along with the other 11 ju- standing nominees nitpicked and de- dicial nominees on the Senate calendar layed to the point that good women EXECUTIVE SESSION who are still awaiting Senate action. and men are being deterred from seek- The PRESIDING OFFICER. Under With these confirmations today—and I ing to serve as federal judges. Nomi- the previous order, the hour of 2:15 p.m. predict they will be confirmed—the nees practicing law see their work put having arrived, the Senate will now go Senate will finally have confirmed on hold while they await the outcome into executive session to consider Ex- more than a dozen judges this year. By of their nominations. Their families ecutive Calendar orders numbered 173 comparison, last year at this time the cannot plan. and 175. Senate had confirmed 39 judges, not The President spoke about the vacan- The nominations will be stated. just 13; by this time in 1994, the Senate cies crisis again last month. Certainly THE JUDICIARY had confirmed 58 judges, not just 13. no President has consulted more close- The legislative clerk read the nomi- In the past I have challenged the ly with Senators of the other party on nations of Adalberto Jose Jordan, of Senate to try to keep up with Sammy judicial nominations. The Senate Florida, to be United States District Sosa’s home run pace. He has 58 home should get about the business of voting Judge for the Southern District of runs so far this year. We are behind not on the confirmation of the scores of ju- Florida, and Marsha J. Pechman, of just his home run pace but the home dicial nominations that have been de- Washington, to be United States Dis- run pace set by National League pitch- layed without justification for too trict Judge for the Western District of ers. long. We must redouble our efforts to Washington. The Senate has ready for action the work with the President to end the The Senate proceeded to consider the nominations of Marsha Berzon to the longstanding vacancies that plague the nominations. Ninth Circuit, Justice Ronnie White to federal courts and disadvantage all The PRESIDING OFFICER. Under the District Court in Missouri, and Americans. That is our constitutional the previous order, there will be 5 min- many other qualified nominees. responsibility. utes of debate equally divided. The current nomination delayed the The PRESIDING OFFICER. If all Who seeks time? longest is that of Judge Richard Paez. time is yielded back, the Senate will The Chair recognizes the Senator He has been held up for over 31⁄2 years, now proceed to vote. The question is, from Washington. yet can anybody on this floor state Will the Senate advise and consent to Mr. GORTON. Mr. President, I would with confidence that if he were allowed the nomination of Adalberto Jose Jor- like to express my enthusiastic support to have a rollcall vote, he would not be dan, of Florida, to be a United States for the nomination of Judge Marsha J. confirmed. The Judiciary Committee District Judge for the Southern Dis- Pechman to serve on the United States twice reported the nomination favor- trict of Florida? The yeas and nays District Court for the Western District ably. If we were honest and decent have been ordered and the clerk will of Washington. enough in the Senate to allow this man call the roll.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10545 The legislative clerk called the roll. The PRESIDING OFFICER (Mr. The law reserves to Congress the au- Mr. NICKLES. I announce that the CRAPO). Are there any other Senators thority to designate wilderness areas, Senator from Utah (Mr. HATCH), the in the Chamber desiring to vote? and directs the federal land manage- Senator from Arizona (Mr. MCCAIN), The result was announced—yeas 93, ment agencies to review the lands the Senator from Alaska (Mr. MUR- nays 1, as follows: under their responsibility for their wil- KOWSKI), and the Senator from Ohio [Rollcall Vote No. 263 Ex.] derness potential. (Mr. VOINOVICH) are necessarily absent. YEAS—93 The original Wilderness Act estab- I further announce that, if present Abraham Durbin Levin lished 9.1 million acres of Forest Serv- and voting, the Senator from Utah (Mr. Akaka Edwards Lieberman ice land in 54 wilderness areas. Now, HATCH) would vote ‘‘yes.’’ Allard Enzi Lincoln after passage of 102 pieces of legislation Ashcroft Feingold Lott Mr. REID. I announce that the Sen- Baucus Feinstein Lugar the wilderness system is comprised of ator from Maryland (Mr. SARBANES) Bayh Fitzgerald Mack over 104 million acres in 625 wilderness and the Senator from Maryland (Ms. Bennett Frist McConnell areas, across 44 States, and adminis- Biden Gorton Moynihan tered by four federal agencies: the For- MIKULSKI) are absent because of at- Bingaman Graham Murray tending a funeral. Bond Gramm Nickles est Service in the U.S. Department of The result was announced—yeas 93, Boxer Grams Reed Agriculture, and the Bureau of Land nays 1, as follows: Breaux Grassley Reid Management, the Fish and Wildlife Brownback Gregg Robb [Rollcall Vote No. 262 Ex.] Bryan Hagel Roberts Service, and the National Park Service YEAS—93 Bunning Harkin Rockefeller in the Department of the Interior. Burns Helms Roth As we in this body know well, the Abraham Durbin Levin Byrd Hollings Santorum passage and enactment of legislation of Akaka Edwards Lieberman Campbell Hutchinson Schumer Allard Enzi Lincoln Chafee Hutchison Sessions this type is a remarkable accomplish- Ashcroft Feingold Lott Cleland Inhofe Shelby ment. It requires steady, bipartisan Baucus Feinstein Lugar Cochran Inouye Smith (OR) commitment, institutional support, Bayh Fitzgerald Mack Collins Jeffords Snowe Bennett Frist McConnell Conrad Johnson Specter and direct leadership. The United Biden Gorton Moynihan Coverdell Kennedy Stevens States Senate was instrumental in Bingaman Graham Murray Craig Kerrey Thomas shaping this very important law, and Bond Gramm Nickles Crapo Kerry Thompson this anniversary gives us the oppor- Boxer Grams Reed Daschle Kohl Thurmond Breaux Grassley Reid DeWine Kyl Torricelli tunity to recognize this role. I am hon- Brownback Gregg Robb Dodd Landrieu Warner ored today to be joined on the floor by Bryan Hagel Roberts Domenici Lautenberg Wellstone one of the three Senators remaining in Bunning Harkin Rockefeller Dorgan Leahy Wyden Burns Helms Roth this body who have the distinguished Byrd Hollings Santorum NAYS—1 honor of having voted for this legisla- Campbell Hutchinson Schumer Smith (NH) tion, the Senior Senator from West Chafee Hutchison Sessions Cleland Inhofe Shelby NOT VOTING—6 Virginia (Mr. BYRD). I look forward to Cochran Inouye Smith (OR) Hatch Mikulski Sarbanes his remarks at the conclusion of my Collins Jeffords Snowe McCain Murkowski Voinovich own. The Senior Senator from Massa- Conrad Johnson Specter Coverdell Kennedy Stevens The nomination was confirmed. chusetts (Mr. KENNEDY) and the Senior Craig Kerrey Thomas The PRESIDING OFFICER. The mo- Senator from Hawaii (Mr. INOUYE), who Crapo Kerry Thompson tions to reconsider are laid upon the also voted for this legislation, have Daschle Kohl Thurmond asked that their remarks regarding DeWine Kyl Torricelli table, and the President will be imme- Dodd Landrieu Warner diately notified of the Senate’s action. this anniversary be included in the Domenici Lautenberg Wellstone RECORD. Their remarks will also appear f Dorgan Leahy Wyden in the RECORD together with my re- NAYS—1 LEGISLATIVE SESSION marks on the Wilderness Act anniver- Smith (NH) The PRESIDING OFFICER. The Sen- sary. ate will return to legislative session. In addition, I understand that the NOT VOTING—6 The PRESIDING OFFICER. Under Ranking Member of the Energy Com- Hatch Mikulski Sarbanes the previous order, the Senator from mittee (Mr. BINGAMAN) has a statement McCain Murkowski Voinovich Wisconsin, Mr. FEINGOLD, is recognized on the anniversary. The nomination was confirmed. to speak for up to 30 minutes as in Under the Wilderness Act, wilderness The PRESIDING OFFICER. The mo- morning business. is defined as ‘‘an area of undeveloped tions to reconsider are laid on the f federal land retaining its primeval table. character and influence which gen- The Senate will now proceed to vote THE SENATE WILDERNESS AND erally appears to have been affected on Executive Calendar No. 175. The PUBLIC LANDS CAUCUS primarily by the forces of nature, with question is, Will the Senate advise and Mr. FEINGOLD. Mr. President, I rise the imprint of man’s work substan- consent to the nomination of Marsha J. to commemorate the 35th anniversary tially unnoticeable.’’ The concept of Pechman to be United States District of the Wilderness Act of 1964, which the creation of a national wilderness Judge for the Western District of was signed into law on September 3, system marked an innovation in the Washington? The yeas and nays have 1964 by President Lyndon B. Johnson, American conservation movement— been ordered. The clerk will call the and to announce the formation of a wilderness would be a place where our roll. Senate Wilderness and Public Lands ‘‘management strategy’’ would be to The legislative clerk called the roll. Caucus. The Wilderness Act became leave lands essentially undeveloped. Mr. NICKLES. I announce that the law seven years after the first wilder- Congress lavished more time and ef- Senator from Utah (Mr. HATCH), the ness bill was introduced by Senator fort on the wilderness bill than almost Senator from Arizona (Mr. MCCAIN), Hubert H. Humphrey of Minnesota. The any other measure in conservation his- the Senator from Alaska (Mr. MUR- final bill, sponsored by Senator Clinton tory. The original bill established 9.1 KOWSKI), and the Senator from Ohio Anderson of New Mexico, passed the million acres of federally protected (Mr. VOINOVICH) are necessarily absent. Senate by a vote of 73–12 on April 9, wilderness in national forests. From I further announce that, if present 1963, and passed the House of Rep- June 1957 until May 1964 there were and voting, the Senator from Utah (Mr. resentatives by a vote of 373–1 on July nine separate hearings on the proposal, HATCH) would vote ‘‘yes.’’ 30, 1964. The Wilderness Act of 1964 es- collecting over six thousand pages of Mr. REID. I announce that the Sen- tablished a National Wilderness Preser- testimony. The bill itself was modified ator from Maryland (Mr. SARBANES) vation System ‘‘to secure for the and rewritten sixty-six different times. and the Senator from Maryland (Ms. American people of present and future Twenty different Senators made state- MIKULSKI) are absent because of at- generations the benefits of an enduring ments on the legislation. Much of the tending a funeral. resource of wilderness.’’ delay in reaching a final version

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10546 CONGRESSIONAL RECORD — SENATE September 8, 1999 stemmed from the conflicts between an open mind will ever again, with a ator BAYH will be joining me in this ef- the scope of the bill’s restrictions on clear conscience, be able to step up and fort. I encourage any member of the mining, grazing, oil and other extrac- testify against the wilderness bill.’’ Senate interested in learning about tive activities on designated wilderness For others, the ideas of Olson and and working on these issues to join our areas and the need for the law to be Muir provided a justification for the caucus, and I am grateful to these flexible in the light of pre-existing ac- wilderness system, particularly that members who are willing to lend their tivities. The bill’s supporters argued the country’s strength depends upon time and leadership. that the measure gave legal sanction blending contact with the primitive I feel it is time to promote and re-de- to the areas already being managed by into a civilized existence because the velop expertise on these issues in the the Forest Service as primitive areas. frontier played such a central role in Senate. In the early days of the Wilder- More importantly, they successfully the our history. ness Act many Senators had expertise argued that Congressional action was Passage of the Wilderness Act of 1964 on these issues, and ad hoc coalitions necessary because the wilderness that has not terminated the American de- formed to pass large bills with provi- exists is its own finite resource. bate over the meaning, value and need sions for a number of states. However, More than a century of development to protect wild country. As I men- now that the Senate has lost its zeal had brought greatly changed condi- tioned, the wilderness system has dra- for the continuing work of identifying tions to both public and private lands matically expanded under both Repub- and designating wilderness areas this throughout the country. ‘‘If the year lican and Democratic leadership. The expertise has dwindled. Without a new were 1857 instead of 1957,’’ one sup- number of wildernesses established and dedication to re-building this exper- porter of the bill wrote in the Living acres designated by each Congress has tise, wilderness and public lands issues Wilderness, the Wilderness Society’s varied greatly from year to year. There will remain increasingly divisive, de- newsletter, ‘‘I’d say definitely no [to a have been only nine individual years spite a resurgent public interest in our wilderness bill]. But given the almost since passage of the Wilderness Act wilderness and an increased public de- total dominance of developed civiliza- when no wildernesses were designated, sire for Congress to extend additional tion, I am compelled to work for saving and 1965 to 1967 was the only period of protection to federal lands of wilder- the remnants of undeveloped land.’’ I three consecutive years in which no ness quality. think those remarks apply just as well wilderness legislation was passed by I intend for the caucus to meet as to the state of our federal lands today, Congress. In 1984, during the Reagan necessary during each Senate session more than thirty-five years later. Administration, 175 wildernesses were in pursuit of several objectives: My interest in this law stems from established, more than double any To assist members in defending exist- the fact that Wisconsin has produced other year’s addition. Despite the ing wilderness areas, and other federal great wilderness thinkers and leaders record number of new wildernesses in land resources already protected in the in the wilderness movement such as 1984, the largest number of wilderness public trust, from activities that have Aldo Leopold, Sigurd Olsen, John Muir acres was designated in 1980 with pas- the potential to significantly affect the and former Senator Gaylord Nelson. sage of the Alaska National Interest qualities for which they were des- ignated. Senator Nelson was a co-sponsor of the Lands Conservation Act, which added To support and provide advice to Wilderness Act of 1964, along with over 56 million acres to the National members seeking opportunities to des- former Wisconsin Senator William Wilderness Preservation System. Com- ignate new wilderness areas. Proxmire. I am proud to now hold the bined with other wilderness laws To provide members with a bipar- Senate seat that Senator Nelson held passed that year, nearly 61 million tisan forum in which to discuss wilder- with distinction from 1963 to 1981. As a acres of wilderness were designated in ness and other public land protection Senator from Wisconsin, I have a spe- 1980, more than 6 times the number of and management issues and learn from cial depth of feeling about this issue. acres passed in any other year. others’ expertise. The testimony at Congressional hear- Significant additions to the system To educate members about the Wil- ings and the treatment of the bill in continued up until 1994, when Congress derness Act and other federal land the press of the day reveals Wisconsin’s passed the California Desert Protection management statutes, and to improve crucial role in the long and continuing Act. Despite this accomplishment, Con- understanding of the appropriate uses American debate about our wild places, gress has gotten out of the habit of of various federal land management and the development of the Wilderness passing wilderness bills which protect designations and the federal financial Act. The names and ideas of John our remaining wilderness-quality fed- and management requirements needed Muir, Sigurd Olson, and Aldo Leopold, eral lands. In the 105th Congress, the to implement them. especially Leopold, appear time and Senate’s actions were much more mod- Mr. President, many would agree time again in the legislative history. est—we added about 160 acres to the that more must be done to protect our Senator Clinton Anderson of New Eagles Nest Wilderness in Colorado. wild places. One of the things that Mexico, chairman of what was then However, Congress has much bolder needs to be done, particularly on the called the Committee on Interior and bills before it, with bipartisan support, cusp of the Millennium, is to examine Insular Affairs, stated that his support such as the bills to designate 9.1 mil- and improve the ability of this body to of the wilderness system was the direct lion acres in Utah and the coastal plain understand and grapple with these result of discussions he had held al- of the Arctic National Wildlife Refuge issues in the public interest. This is a most forty years before with Leopold, as wilderness. In addition, President great institution, with a strong con- who was then in the Southwest with Clinton proposed a new omnibus Na- servation history, which has produced the Forest Service. It was Leopold who tional Parks wilderness bill in his the Wilderness Act, one of the gems of advocated, while with the Forest Serv- State of the Union. We need to address conservation law. I am actively com- ice, the creation of a primitive area in these measures, and to revitalize the mitting to working on wilderness the Gila National Forest in New Mex- tradition of statewide and state delega- issues because I believe it to be in the ico in 1923. The Gila Primitive Area tion led wilderness bills. Wisconsin tradition, and, as a Senator, formally became part of the wilderness In order to get the Senate in a posi- I am trying to use the tools I have been system when the Wilderness Act be- tion to act on wilderness issues, I hope given by the people of Wisconsin to came law. In a statement in favor of to raise awareness of the importance of build the leadership needed to defend the Wilderness Act in the New York wilderness in the Senate. I have been these places. Times, then Secretary of the Interior working to organize a Wilderness and In conclusion, I would like to remind Stewart Udall discussed ecology and Public Lands Caucus that will help the colleagues of the words of Aldo Leopold what he called ‘‘a land ethic’’ and re- Senate to renew its bipartisan commit- in his 1949 book, A Sand County Alma- ferred to Leopold as the instigator of ment to the active protection of wil- nac. He said, ‘‘The outstanding sci- the modern wilderness movement. At a derness and public lands. Today I am entific discovery of the Twentieth Cen- Senate hearing in 1961, David Brower of delighted to announce that Senator tury is not the television, or radio, but the Sierra Club went so far as to allege MCCAIN, Senator DURBIN, Senator rather the complexity of the land orga- that ‘‘no man who reads Leopold with FEINSTEIN, Senator MURRAY, and Sen- nism. Only those who know the most

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10547 about it can appreciate how little is mountains embraced by the wilderness sys- area wove through the dense forest. known about it.’’ We still have much to tem. Amid the stands of towering White learn, but this anniversary of the Wil- The Senate understood there was a Oaks, dark hickory, and ghostly poplar derness Act reminds us how far we need to protect America’s unique trees, you may discover stunted groves have come and how powerful a collegial places, and Members worked to craft a of apple trees, remnants of an early commitment to public lands can be in proposal over a number of years that settler’s orchard. Maybe Johnny the Senate. could achieve that end. Senator George Appleseed came that way. I am very pleased and honored to be McGovern, another key supporter of Also designated in 1975, the Dolly able to yield the remainder of my time the Wilderness Act, observed: Sods Wilderness Area preserves 10,000 to one of the three Senators who is I think each of us has been enriched at one acres of Canada that somehow mi- here to vote for this legislation, the time or another through our experiences grated south and chose to settle in senior Senator from West Virginia, Mr. with natural undisturbed areas of the coun- West Virginia. Heath thickets, bogs, BYRD. try * * * its comparatively uncluttered open and low-growing evergreens combine to The PRESIDING OFFICER. The Sen- spaces, its lakes and woods, have special ap- preciation for the purpose of the wilderness establish a wide open feeling akin to ator from West Virginia is recognized. preservation system. As the population of more northerly climes such as those of Mr. BYRD. Mr. President, I thank our country grows and as our city areas be- Minnesota. Offering scenic vistas, the Chair. come more contested, it is all the more im- Dolly Sods is a famed spot in which to Mr. President, I thank the Senator perative that we look to the preservation of enjoy hiking, camping, fishing, and na- from Wisconsin, Senator FEINGOLD, for great primitive outdoor areas where people ture watching. bringing us together today to celebrate can go for recreational and inspirational ex- The Cranberry Wilderness Area the passage of the Wilderness Act of perience. proves the regenerative power of na- 1964. Too often, the pressing events of The U.S. population has since grown ture. Its 35,864 acres were logged in the the day prevent us from remembering by more than 70 percent since the Wil- early part of this century, with the val- so many important pieces of legisla- derness Act of 1964 was enacted. In ad- uable timber shipped by steam loco- tion. I am happy that we are able to dition to land preservation, the act has motives to a mill in Richwood. It also take a moment to recognize a historic encouraged the discovery of America’s suffered severe wildfires which raged piece of legislation. history, promoted recreation, provided over much of the area. In order to re- Let me begin with a look backward for its diverse wildlife and ecosystems, store it to its natural condition, the over the well-traveled road of history. and satisfied people’s urge for solace Forest Service purchased the land in It is only fitting that we turn our faces and a return to wild places. The defini- 1934—the year I graduated from high backward so that we might be better tion of wilderness according to the act school. Now grown into a mature for- informed and prepared to deal with fu- is ‘‘an area where the earth and its est, the Cranberry Wilderness Area re- ture events. On a whole range of impor- community of life are untrammeled by ceived its official designation in 1983. tant issues, the Senate has always been man, where man himself is a visitor Consisting of more than 12,000 acres, blessed with Senators who were able to who does not remain.’’ Initially en- Laurel Fork Wilderness Area was once rise above political parties, and con- dowed with 9.1 million acres of public a profitable source of lumber at the be- sider first and foremost the national lands, the wilderness system today en- ginning of the century. Laurel Fork interest. There are many worthy exam- compasses more than 104 million acres has since been preserved and is a ples throughout the Senate’s history. in forty-four States. source of the Cheat River. Designated My friend and former colleague, Sen- My home state of West Virginia re- in 1983, Laurel Fork Wilderness has a ator Mike Mansfield, and other distin- mains wild and wonderful because of wide blend of wildlife and foliage spe- guished Members of the Senate under- Congress’ actions. Covered from end to cial to Appalachia. Among the Birch, stood this point well. Political polar- end by the ancient Appalachian Moun- Beech, and Maple trees which grow in ization, a simple zero-sum strategy by tains, West Virginia remains, to me, the area, live the native species of one party to achieve a short-lived vic- one of the most beautiful one of the West Virginia such as white-tail deer, tory which demonizing the other party, most unique of all places and I have wild turkey, bobcat, and even black is not now, and has never been, a good seen lot of places throughout the world bear. thing for the Senate. I know that in my time. It is the most southern of I might note that perhaps one of the Americans have always loved a good the northern States and the most most majestic of wildlife species pro- debate. I believe that this is one of the northern of the Southern states; the tected by these wilderness areas lessons that we can take from the pas- most eastern of the Western States and throughout the U.S. is the bald eagle. sage of the Wilderness Act of 1964. the most western of the eastern States; Symbolizing America’s freedom and Members on both sides of the issue fo- where the east says good morning to strength, the bald eagle, in fact, has cused on the more substantive and the west, and where Yankee Doodle and been recently removed from the endan- stimulating policy challenges rather Dixie kiss each other good night. The gered species list, and will continue to than allowing pure politics and im- luscious mountains gently roll across soar for future generations of Ameri- agery to enter into the fray. that land, providing an elegant sense of cans. The debate on the Wilderness Act of mystery to the landscape. The wilder- The Wilderness Act of 1964 enabled 1964 serves as a great example of the ness of my State has given West Vir- West Virginians to preserve the nat- Senate’s charge in taking a leadership ginians a freedom to explore. This free- ural beauty of their State for them- role and working over the long term to dom has been secured and protected so selves and for the nation * * * now and pass historic pieces of legislation. I be- that future generations—like my baby forever. I believe that Senator Ander- lieve the bill’s chief sponsor, Senator granddaughter, her children, and her son summarized it best when he said: Clinton Anderson from New Mexico, children’s children—will be able to say Deep down inside of most Americans is a understood this point well when he Montani Semper Liberi, Mountaineers love of the out-of-doors. * * * It is an effort said, upon consideration of the con- are always free! to protect and preserve, unspoiled, just a lit- ference report, on August 20, 1964: Four wilderness areas have been des- tle bit of the vast wilderness which stretched What we have done we have done not only ignated in West Virginia since the 1964 ocean to ocean on this continent less than to meet the urgency of the moment, but for act. Each area captures and preserves 300 years ago, so that this love of the great, the future. In no area has this Congress more uniquely a beautiful aspect of a State unspoiled, out-of-doors which is a part of us decisively served the future well-being of the that has, I believe, more than its fair can be gratified. Nation that in passing legislation to con- share of native loveliness. God must I would like to take a moment to rec- serve natural resources and to provide the have been in a spendthrift mood when ognize a number of former colleagues means by which our people could enjoy who took a leadership role in passing them. One of the brightest stars in the con- he made West Virginia! stellation of conservation measures is the In the Otter Creek Wilderness Area, the Wilderness Act of 1964. Many of wilderness bill * * *. The path of the wilder- consisting of 20,000 acres so designated them were fairly close friends of mine. ness legislation through Congress has some- in 1975, you can follow the same twist- There was Senator Anderson, whose times been as rugged as the forests and ing trails that early settlers to the name I have spoken earlier, Thomas

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10548 CONGRESSIONAL RECORD — SENATE September 8, 1999 Kuchel, Hubert Humphrey, Henry In 1924, the U.S. Forest Service was a freshman Senator. Following Ha- Jackson, Frank Church, Frank named the Gila National Forest in New waii’s admission to the union in 1959, I Lausche, Paul Douglas, Harrison Wil- Mexico as the first wilderness area. As served one partial and one full term in liams, Jennings Randolph—my former years passed, it became increasingly the House of Representatives and then colleague from West Virginia—Joseph clear that a more comprehensive strat- was elected to the Senate in 1962. So, in Clark, William Proxmire, Maurine egy of protection for these priceless early April of 1963, I was a 39-year-old Neuberger, Lee Metcalf, George areas was needed. Between 1957 and freshman Senator in the first year of McGovern, David Nelson—they took a 1964, nine congressional hearings were my first term in the Senate. leadership role in guiding this piece of held, resulting in sixty-six rewrites of The Wilderness Act, however, was legislation through the Senate. The the original bill. This enormous not new to the Senate when it came to Senate has considered many thousands amount of attention can be credited to the floor in April 1963. The first wilder- of pieces of legislation on a myriad of the strong grassroots support for pre- ness proposal was introduced late in topics over the last several years. I am serving these magnificent resources. As the 84th Congress in 1956. Following ex- proud to stand here today and say that a result, Congress passed the Wilder- tensive hearings, testimony, debate this piece of legislation, the Wilderness ness Act. It was signed into law by and revisions, a wilderness bill was Act of 1964, stands as a great example President Lyndon Johnson on Sep- passed by a wide margin in the Senate of what this body can accomplish when tember 3, 1964, and established over on September 6, 1961. However, it was it sets its collective mind to it. These nine million acres of wilderness areas not until my freshman year in the Sen- were the sponsors of the Wilderness throughout the country. ate that we passed a wilderness bill Act in the 88th Congress. The act defined wilderness as ‘‘an that ultimately went on to become law In closing, I want to welcome my col- area where the earth and its commu- the next year in 1964. leagues back from the prairies and the nity of life are untrammeled by man, Just prior to the vote in the Senate plains, the mountains and the hollows where man himself is a visitor who on April 9, 1963, one of the floor man- and the hills, the broad valleys. We does not remain.’’ Although sharply re- agers of the bill, the Honorable Frank have much work to do in these coming stricting human activities in these Church of Idaho, said, ‘‘the Senate is weeks and we can learn much from the areas, the Act also paid tribute to a about to vote on the question of the Wilderness Act of 1964 and the dedica- piece of our national identity. To passage of a bill which, if enacted into tion and commitment of those Sen- Americans, the wilderness is a place to law, will be regarded as one of the ators who worked to fulfill their vision rediscover what it means to be Amer- great landmarks in the history of con- by enacting that great piece of legisla- ican. As Supreme Court Justice Wil- servation.’’ You can imagine the effect tion, their vision of a future continent liam O. Douglas once noted, ‘‘Roadless of such far reaching and nationally sig- which would be preserved for the men areas are one pledge of freedom.’’ From nificant discourse on a young man and women who would come after the time of the first settlers, the na- from a new state in the middle of the them. tion’s wilderness areas have been sym- Pacific. Far too often these days, we get bols of freedom and human ingenuity I have been around for a while. Yes- caught up in the partisan wranglings of that characterize the American dream. terday was my 75th birthday. But I am tax cuts, educational needs, national In his classic work, Wilderness and the not so jaded as to have lost sight of the Roderick Nash observed security demands, Social Security American Mind, important principles upon which the the close relationship between our citi- changes, health care reform, and much, Wilderness Act was founded. zens and such areas, stating ‘‘Take much more—all of which subjects are The bill was ultimately signed into away wilderness and you take away the extremely important. The public has law on September 3, 1964. To me, it opportunity to be American.’’ The Wil- become concerned about what it is that seems like just yesterday, but a lot has derness Act has protected these price- we actually do in this Chamber. In re- happened since then. The Wilderness less undeveloped areas, and it has pre- flecting upon the Wilderness Act of system was originally endowed with 9.1 served these magnificent resources for 1964, I find a great example of what this million acres of national forest lands. our time and for all time. body can achieve when it puts its Since this law was enacted, Congress In 35 years, that has grown to more whole mind and its whole spirit into it. has created over six hundred wilderness than 104 million acres managed by four Again I thank my colleague for his areas, totaling more than one hundred federal land management agencies. Hawaii, obviously a very small State, kindness in inviting me to participate million acres in states across our na- has just 142,370 acres of federally des- here this afternoon in recalling our tion. These are areas that cannot be footsteps down the long hall of memo- developed or destroyed, but will retain ignated wilderness area. This is about ries. the original splendor of their natural 1/10 of 1% of the total designated wil- In closing, I am reminded of the beauty. derness area in the country. However, words of one of America’s foremost It was a special privilege for me to let me tell you about Hawaii’s wilder- conservationists and outdoorsman, support the Wilderness Act in 1964, as ness and other natural areas. John Muir— one of the most far-reaching actions by Hawaii is the only State with bona Oh, these vast, calm, measureless moun- Congress to preserve our environ- fide tropical rain forest. Although over tain days, inciting at once to work and rest! mental heritage. All of us take pride in half of Hawaii’s original native rain Days in whose light everything seems equal- the many beautiful areas designated forest has been lost or replaced by in- ly divine, opening a thousand windows to troduced species, planted landscapes, show us God. Nevermore, however weary, under the Act. Finally, I commend all those who or development, a great deal remains. should one faint by the way who gains the Perhaps 3/4 of a million acres of rain blessing of one mountain day: whatever his have done so much to uphold the great fate, long life, short life, stormy or calm, he tradition of the Wilderness Act, by forest is left in Hawaii. is rich forever. . . . I only went out for a working in the agencies that are com- Rain forest is just the start, however. walk, and finally concluded to stay out till mitted to protecting the nation’s wil- There are actually about 150 distinct sundown, for going out, I found, was going derness. As the act itself so eloquently ecosystem types in Hawaii. These eco- in. One touch of nature . . . makes all the states, they continue to ‘‘secure for the systems are so distinctive that the Ha- world kin. American people of present and future waiian Islands constitute a unique I yield the floor. generations the benefits of an enduring global bio-region. These ecosystems Mr. KENNEDY. Mr. President, it is resource of wilderness.’’ range from 14,000-foot snowy alpine an honor to join my colleagues in com- Mr. INOUYE. Mr President, it is a deserts, to subterranean lava tube sys- memorating this impressive anniver- pleasure to have this opportunity to tems with eyeless creatures, to wind- sary of the Wilderness Act of 1964. speak on the 35th anniversary of the swept coastal dunes. Thirty-five years ago, Congress passed Wilderness Act of 1964 and on the es- All told, perhaps half of the 150 eco- this benchmark legislation, which has tablishment of the National Wilderness system types in Hawaii are considered opened the door for extensive new pro- Preservation System. in trouble, imperilled by human-re- tections of wilderness areas throughout When the Wilderness Act was being lated changes in the landscape. Most of the nation. debated on the Senate floor in 1963, I the loss has occurred along the coasts

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10549 and in the lowlands, where the major- natural areas, whatever the definition ened, families threatened, and yet they ity of human habitation exists today. might be. were going to vote. Hawaii is also considered to be the The message that I would like to When the vote was taken, over 98 per- extinction capital of the United States. leave with my colleagues as we think cent of those registered came out to About 90% of Hawaii’s native plants about the 35th anniversary of the Wil- vote. Mr. President, 78 percent of the and animals occur nowhere else in the derness Act is that we all wish to be people of East Timor voted for inde- world, and nearly 1000 different kinds environmentalists. We often differ on pendence and not to stay with Indo- of Hawaiian plants and animals are the details of environmentalism; some- nesia, a clear-cut victory for independ- threatened by extinction. Approxi- times greatly. Some of the most impas- ence and, I can say from firsthand mately 75% of the recorded extinctions sioned discussions in this body have to meetings with U.N. and U.S. officials in the United States are from Hawaii. do with environmental issues. Some of as well as with people on the ground in Also, about 40% of the birds and 30% of us do not receive the highest score East Timor, that had it not been for the plants presently on the U.S. endan- from the League of Conservation Vot- the open assaults by the militias and gered species list are native to Hawaii. ers. However, I do not think any of my intimidation and threats, that 78 per- One of Hawaii’s federal wilderness colleagues would say that environ- cent probably would have been about 90 areas is the 19,270-acre Haleakala Wil- mental conservation is a frivolous pur- percent for independence. derness Area on the Island of Maui, suit. It is merely a question of degree. When I left East Timor, Senator which was designated in 1976. This area So where does that leave us? I know REED and Congressman MCGOVERN and is part of the 28,655-acre Haleakala Na- we will continue to debate so-called I all called on the United Nations to tional Park. During the August recess, anti-environmental riders, the future send a peacekeeping force immediately I participated in the dedication of 1,500 of the Endangered Species Act, and to East Timor, either on the day of the acres of pristine tropical habitat, maybe even reforms to the 35-year-old vote or the day after the vote. We all which was added to Haleakala National Wilderness Act. But let us not close had a sense of what might come if Park thanks to the support of my Con- our minds to our perceived adversaries, there was not a stable force on the gressional colleagues who approved nor lose sight of what I believe we all ground to prevent the violence from funds last year for its acquisition. So, agree upon. happening in the first place. Haleakala continues to grow. Our natural environment is a finite Upon returning to Jakarta, we met The major feature of this park is the resource that needs to be protected and an hour and a half with President dormant, though not extinct, Mount nurtured for generations to come. Habibie of Indonesia, and I will have Haleakala and its volcanic crater with- There are no simple solutions, but with more to say about that in a minute. We in. Stretching from an elevation of this common goal in mind, we will conveyed to him our concerns with the 10,000 feet to the sea, the park also in- make progress. security situation in East Timor. He cludes unrivaled native forest and The PRESIDING OFFICER. The Sen- assured us time and time again in the stream habitat, and abundant Native ator from Iowa. hour-and-a-half meeting that Indonesia Hawaiian historical and cultural fea- Mr. HARKIN. Mr. President, I ask would maintain order in East Timor. I tures. unanimous consent I be permitted to was there with Congressman MCGOV- The other Federal wilderness area is speak up to 15 minutes as in morning ERN and with U.S. Ambassador Roy. the 123,100-acre Hawaii Volcanoes Wil- business. President Habibie assured us the Indo- derness Area, which is part of the larg- The PRESIDING OFFICER. Without nesian Army would maintain peace, er 230,000-acre Hawaii Volcanoes Na- objection, it is so ordered. harmony and law and order after the tional Park on the Big Island of Ha- f vote was taken. waii. This park, established in 1916, dis- My fears of what would happen have EAST TIMOR plays the results of 70 million years of been confirmed in the most horrific volcanism and rises from sea level to Mr. HARKIN. Mr. President, I thank manner. As we have all witnessed on the summit of the earth’s most mas- Senator GORTON for permitting me at CNN and in the newspapers over the sive volcano, Mauna Loa at 13,677 feet. this time to speak as in morning busi- past several days, the militias have Within the park is the world’s most ness before they get on with the impor- gone on a killing rampage acting on active volcano, Kilauea, which offers tant business of the Interior appropria- the orders and with the assistance of scientists insights into the birth of our tions bill. I want to take this time be- the Indonesian military and the Indo- planet and visitors views of dramatic cause I was unable to be here earlier nesian police forces. volcanic landscapes. Molten lava from when Senator FEINGOLD, Senator REED, I must tell my colleagues, when we the Puu` O` o` vent, on the flank of I think, and Senator BOXER spoke on were in Maliana, for example, a couple Kilauea volcano, flows seven miles the issue of East Timor. I want to take days before we were there, the militias through a lava tube to the coast where a few minutes to share with my col- had put on street demonstrations right it enters the ocean, causing the sea to leagues what I saw during my recent in front of the U.N. compound armed to actually boil. Volume of flow averages trip to East Timor with a delegation the teeth with guns. Amongst these about 400,000 cubic meters per day con- that included Senator REED of Rhode militias were the Indonesian military tinuously adding new land to the is- Island and Congressman MCGOVERN of and the Indonesian police in clear vio- land. 1999 is 16th year of this ongoing Massachusetts. We were in East Timor lation of the agreement they had eruption of Kilauea. on August 20 and 21, just a little over 2 signed with Portugal and the United More than just these designated fed- weeks ago. The purpose of our trip was Nations on May 5, 1999. Every U.N. ob- eral wilderness areas, Hawaii has a to assess the conditions in East Timor server with whom I spoke, every single total of 270,000 acres in the national leading up to the August 30 ref- one without exception, said the mili- park system; 35,000 acres in federal fish erendum. tias were backed by and armed by the and wildlife refuges; and 109,000 acres It was a trip that in some ways was Indonesian military and that the mili- in state natural area reserves. Added to uplifting but at the end—I could smell tary and the civilian police were sup- this are other areas managed privately it in the air—I had a foreboding of porting the militias openly. for conservation purposes, including things to come. On the first day we Now that these militias have gone on approximately 25,000 acres managed by traveled to the capital of East Timor, a rampage, one must ask, where is the The Nature Conservancy of Hawaii. Dili and spent the night there. The Indonesian military and where is the Wilderness is defined in the law as next day, under the auspices of the Indonesian police? The Indonesian areas ‘‘where the earth and its commu- United Nations, we took a helicopter to military had 10,000 to 15,000 military nity of life are untrammeled by man, Maliana, and then from Maliana to people there. They could have stopped where man himself is a visitor who Suai before returning to Jakarta. What it. They either chose not to or they are does not remain.’’ With all of the was so uplifting about it was to see so actively supporting this murderous unique and imperilled species and habi- many people willing to risk their lives rampage. Either is unacceptable. tat in Hawaii, I certainly understand to be able to vote; people whose homes They are attacking unarmed civil- the value of protecting our wild and were burned down, their lives threat- ians. They are rounding up refugees,

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10550 CONGRESSIONAL RECORD — SENATE September 8, 1999 putting them in trucks, and trucking Bishop Belo and burned his house what is happening in East Timor them to unknown destinations. They down, the very house in which we had today. are tearing families apart. Just as we dinner not more than two weeks ago. We have a responsibility that goes saw in Kosovo, the same thing is hap- He was able to escape and is now in back 23 years. When Indonesia first in- pening in East Timor. Husbands are Australia. vaded East Timor in 1975, the United separated from wives, parents sepa- We sat in Bishop Belo’s dining room States took the position that we sup- rated from their children and carted off and saw all the mementos he had. He ported Indonesia. I was at that time a in trucks into the back country, and no had a picture of himself shaking hands Member of the House of Representa- one knows what is happening to them. and being greeted by President Clinton, tives and, with other Members of the The same thing is happening as hap- a bust of President Kennedy that was House, introduced a resolution con- pened in Kosovo. given to him by Representative PAT- demning Indonesia for their brutal in- When we were in East Timor, we RICK KENNEDY who visited there a few vasion of East Timor at that time. In spent an evening with Bishop Belo, the years ago, a signed picture from Presi- the years that followed, hundreds of Catholic bishop of East Timor. I will dent Bush who had met with him, and, thousands, almost 200,000 East Timor- point out a bit of history. of course, his Nobel Peace Prize. Now ese lost their lives to the brutality of East Timor for the last I think it was that house has been reduced to ashes. the Indonesian military. Through it 400-some years was under Portuguese There were several thousand East all, they maintained their cohesion. domination. About 200 years ago, Por- Timorese in his compound being pro- They maintained their peaceful resist- tugal formally annexed East Timor. It tected by the church. Eyewitnesses saw ance. On August 30, 98 percent of the was a colony of Portugal up to 1975 the militias killing people and some registered voters came out to vote in when Portugal left. Indonesia brutally were being put on trucks—this is where the face of machetes and bullets and invaded East Timor in 1975 and an- the families were separated—and taken threats. Despite being driven from nexed it the next year. The United Na- out into the countryside. their homes and having their homes tions has never recognized Indonesia’s On Monday, I spoke with Jose Ramos burned down; they voted 78 percent for annexation of East Timor. Horta, his corecipient of the Nobel independence. Through the years since then, the Peace Prize. He said in the 500-year his- If we stand for anything, we should East Timorese have suffered mightily. tory of East Timor, the church has stand for the right of self-determina- Over 200,000 East Timorese, it is esti- never been attacked. There have been tion and independence when people ex- mated, were brutally slaughtered by wars and there has been fighting, but ercise their right to vote. That is what the Indonesian military over these the church has never been attacked. He we stand for as Americans. That is our years. But they persisted. They per- even said that when the Japanese took philosophical foundation. sisted in wanting their independence. over East Timor during World War II It was a free and fair vote, even In 1991, sadly, East Timor got world- they never attacked the church. though the militias were intimidating wide attention when Indonesian troops As bad as that is, I have an even sad- people. I ask unanimous consent for 5 more opened fire on mourners who were at a der story to tell. funeral for an independence supporter We went to the community of Suai, minutes. The PRESIDING OFFICER. Without in Dili. It was a big funeral. There were which is in the southwestern part of objection, it is so ordered. 200 men, women, and children slaugh- East Timor, because we had heard tered by the Indonesian military in Mr. HARKIN. It seems to me that for there were about 1,500 people who had the bastion of democracy, those of us 1991. taken up refuge in a church compound. Through all of this, Bishop Belo, East in this country who believe so deeply This was now 9 days before the vote. Timorese by birth and upbringing, or- in the right of the secret ballot, the We wanted to go there and see for our- dained a Catholic priest in Portugal, right of people to be able to vote for selves. So Senator REED, Congressman came back to East Timor, elevated by their futures, to see this happen and MCGOVERN, and I went there. Pope John Paul II to be a bishop. for us to stand back and do nothing is Two years ago on June 18, Bishop Truly, there were 1,500 people in this shameful. We ought to be on the front Belo was in Washington and said a compound. lines of asking the United Nations to The buhpati, as he is called, the mass of peace and reconciliation at St. go in there with a peacekeeping force Peter’s Church. A number of us were mayor, the person who runs the city, now. there that morning. That was the first had cut off the water. It was very hot, I had asked the United Nations and time I had the occasion to meet Bishop and he had cut off the water to these the Clinton administration to put pres- Belo. people. Who were these people? These sure on the U.N. to send a peace- Of course, the year before that, in were people who had been driven from keeping force to East Timor on the day 1996, Bishop Belo and Jose Ramos their homes because the militias feared of the vote or the day after the vote. If Horta jointly won the Nobel Peace that they were going to vote for inde- we had done that, we wouldn’t have Prize for their peaceful resistance pendence. Men, women, children, fami- had these killings that have gone on. through the years to the Indonesian lies, all gathered in this churchyard, We could have had a little bit of pre- takeover of East Timor. A year after had their water cut off. ventive action. But, no, we didn’t do it. that, Bishop Belo was here and said Then the U.N. tried to get through a We said we had to wait until the Indo- mass at St. Peter’s, as I said, and we truckload of food. They wouldn’t even nesians asked us to come in. It is clear were there. let the food get through. The two that the Government of Indonesia is It was for me a very touching mo- priests who were protecting these peo- not going to keep law and order there. ment, to spend an evening in Bishop ple were Father Hilario and Father It is clear from every eyewitness ac- Belo’s home in Dili with Senator REED Francisco. This is a picture I had taken count we have that the Indonesian and Congressman MCGOVERN, to have with them at the church compound. military is behind the militias and dinner in his home and talk with him Father Hilario and Father Francisco, their brutal attacks on innocent civil- about what was happening in East two of the nicest individuals you ever ians. So now it is incumbent upon the Timor and to hear him pour out his want to meet, both Catholic priests, world community to answer the call to heart about how many people had died only doing their job protecting people. go to East Timor to restore peace and and the suffering of the East Timorese They weren’t speaking out for inde- stability. people and his hopes and his prayers. pendence or anything like that. They I will shortly be introducing a resolu- We held hands around the table and he were simply doing their job as the par- tion to that effect that basically con- led us in a prayer that, regardless of ish priests. gratulates the East Timorese on their what the outcome of the vote would be, I learned this morning that yester- vote, condemns the violence, and calls East Timorese would not kill each day the militias entered their house, upon our U.N. Ambassador to seek the other and that the Indonesian military took these two priests out and killed United Nations Security Council’s im- would quietly leave. them, 2 weeks after we saw them. Un- mediate authorization to deploy an I am saddened to say that 3 days ago armed, they were. Militias took them international force to East Timor to the militias entered the compound of out and brutally killed them. That is restore peace and stability.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10551 Already Australia, New Zealand, DEPARTMENT OF THE INTERIOR Members on the floor. If the Senator Bangladesh, Thailand, Pakistan, Ma- AND RELATED AGENCIES APPRO- from Florida—who was told he could go laysia, and the Philippines have all PRIATIONS ACT, 2000—Resumed first—would like to bring his amend- said they will contribute forces. Today, The PRESIDING OFFICER. The ment up now and submit the rest of the we learned that China has basically clerk will report the pending business. various statements on it, I understand said they are open minded on this The legislative assistant read as fol- the amendment will be accepted in rel- issue. Well, now is the time for the lows: atively short order. Is my under- United States to take some leadership. standing correct? A bill (H.R. 2466) making appropriations Mr. GRAHAM. That is my under- for the Department of the Interior and re- I call upon President Clinton to be standing, and we are prepared to pro- forceful in calling upon the United Na- lated agencies for the fiscal year ending Sep- tember 30, 2000, and for other purposes. ceed with our amendment. tions to send an international force im- Mr. GORTON. Then I yield the floor mediately to East Timor, and we Pending: and suggest the Senator from Florida should contribute to this force. We Gorton amendment No. 1359, of a technical seek to be recognized. should not shirk our responsibilities in nature. Mr. GRAHAM addressed the Chair. this matter either. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. SES- ator from Washington. SIONS). The Senator from Florida is To do nothing now would be to fly in Mr. GORTON. Mr. President, debate recognized. the face of everything for which this on the Interior appropriations bill took PRIVILEGE OF THE FLOOR great country stands for. We were one place on two separate occasions before Mr. GRAHAM. Mr. President, I ask of those actively encouraging the Indo- the August recess. Two significant unanimous consent that Kasey Gillette nesians, the Portuguese, the United amendments have already been voted of our staff have floor privileges for the Nations, and the East Timorese to upon. We now have a unanimous con- duration of the consideration of the In- reach this agreement to allow this sent agreement for listing all of the terior appropriations bill. vote. We supplied funding and observ- amendments that are in order, and The PRESIDING OFFICER. Without ers for the vote. The Carter Center was they are 66 in number. objection, it is so ordered. actively involved in East Timor, ensur- A substantial share, perhaps 20 or Mr. GRAHAM. Mr. President, I ask ing it would be a free and fair vote and more of those amendments, will either unanimous consent that the pending counting the ballots. If we now walk be accepted or will be a part of one om- amendment be temporarily laid aside. away, if we now say, well, we can’t do nibus managers’ amendment at the end The PRESIDING OFFICER. Without anything unless Indonesia invites us in of this debate. I suspect several others objection, it is so ordered. to a place that they annexed with bru- will not actually be brought up for dis- AMENDMENT NO. 1577 tal force 23 years ago then we are less cussion in the Senate, but it seems ap- (Purpose: To prohibit the Secretary of the of an America than we have been in the parent to this Senator, as manager of Interior from implementing class III gam- ing procedures without State approval) past. the bill, that as many as a dozen may require some amount of debate and Mr. GRAHAM. Mr. President, I send I am deeply saddened by the death of very likely a vote. an amendment to the desk and ask for these two priests. I didn’t know them Up to four of those amendments are its immediate consideration. well, but I spent some time with them, The PRESIDING OFFICER. The amendments that were included as a spoke with them, asked them about clerk will report. part of the bill as it was reported by The legislative clerk read as follows: what they were doing, asked them the Subcommittee on Interior appro- about the conditions in their parishes. The Senator from Florida [Mr. GRAHAM], priations and by the full Appropria- for himself, Mr. ENZI, Mr. BRYAN, Mr. REID, They were gentle souls just doing their tions Committee, which fell under the job as shepherds of their flocks, yet Mr. VOINOVICH, Mr. GRAMS, Mr. LUGAR, Mr. revised rule XVI. One of those is an SESSIONS, and Mr. BAYH, proposes an amend- taken out and brutally murdered. amendment originally drafted by the ment numbered 1577. Lastly, I understand that by tomor- Senator from Missouri. He will bring it At the appropriate place, insert the fol- row, the United Nations will remove up at this point. lowing: the 212 people they have there now. I I have asked the Democratic man- SEC. . PROHIBITION ON CLASS III GAMING PRO- CEDURES. am again asking the President to call ager, Senator BYRD, to get me a list of No funds made available under this Act upon Kofi Annan, Secretary General of amendments that Members of his party may be expended to implement the final rule the United Nations, to not pull out our wish to bring up. He is in the process of published on April 12, 1999, at 64 Fed. Reg. U.N. people who are there. If we do, we doing that at the moment. But this is 17535. will have no eyes and no ears; we will an announcement that we are now open Mr. GRAHAM. Mr. President, this have no presence at all in East Timor, and ready for business. It may be that amendment, which has been cospon- and the killing rampages we have wit- we will, from time to time, set amend- sored by Senators ENZI, BRYAN, REID, nessed over the last several days will ments aside so we can hear debate on VOINOVICH, GRAMS of Minnesota, only mushroom. others. The majority leader may decide LUGAR, SESSIONS, and BAYH, has been to stack votes on some of these amend- before the Senate on several previous I hope the U.N. will keep its people ments. But this is a very short week. occasions. It essentially goes to the there. I hope the United States will put We are starting this at 4 o’clock on issue of what will be the process to de- every ounce of our leadership behind Wednesday afternoon. We have all day termine whether on Indian properties the United Nations to send an inter- and into the evening tomorrow for there shall be allowed class III gam- national force there within the next 48 these debates. The majority leader has bling. Class III gambling is the type of hours. If we do, we can save thousands announced, due to the Jewish holiday, gambling that occurs in Las Vegas and of lives. And we can restore peace and that there will be no votes on Friday. I Atlantic City. It is what we would stability. We can tell the rest of the hope we will have made substantial characterize as casino gambling. Cur- world that when you have a free and progress on the bill by the end of to- rently, for that gambling to occur, fair and open election under U.N. aus- morrow’s session of the Senate. That is there has to be a compact entered into pices, we are not going to let thugs and possible, of course, only if Members on between the representatives of the In- murderers take it away from you. That both sides—both Republicans and dian tribe and the Governor of the is the kind of America I think we Democrats—are willing to bring their State in which the proposed casino ought to be. amendments to the floor. would be located. This is all part of the The PRESIDING OFFICER. The time The one other amendment I have dis- Indian Gaming Act passed by the Con- of the Senator has expired. cussed seriously at this point is one by gress in the past. the Senator from Wyoming, Mr. ENZI, The Secretary of the Interior, earlier The Senator from Washington. and the Senator from Florida, Mr. GRA- this year, on April 12, issued a regula- Mr. GORTON. Mr. President, what is HAM, on gambling. That amendment is tion that essentially said if he deter- the business before the Senate? ready to be accepted. Now I see two mined the States were not negotiating

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10552 CONGRESSIONAL RECORD — SENATE September 8, 1999 on these compacts in good faith, then ing public input from all the stake- pointed that he should be trusted with he could remove that power from the holders, and moving the legislation new, self-appointed trust responsibil- States, and the Secretary of the Inte- through both houses of Congress. I ities over Indian Tribes. On February rior would decide whether there should have a few ideas on how I believe the 22nd of this year, United States Dis- be class III gambling under the aegis of bill could be improved, and I welcome trict Judge Royce Lamberth issued a Indian tribes. the invitation of Senator CAMPBELL to contempt citation against Secretary I personally think that is a very bad offer some suggestions to his bill. Bruce Babbitt and Assistant Secretary idea. It disrupts the basic principle of In contrast to this legislative proc- of the Interior for Indian Affairs, Kevin federalism, the responsibility which ess—the proper way to make changes Gover, for disobeying the Court’s or- this Congress has placed with the to substantive law—Secretary Babbitt ders in a trial in which the Interior De- States and the tribes to reach an agree- wants to make changes by administra- partment and the Bureau of Indian Af- ment. tive fiat. His regulations are a slap in fairs were sued for mismanagement of In my own State of Florida, we have the face to the governments of all fifty American Indian trust funds. a prohibition in our constitution states, to Congress, and to all the In- In his contempt citation, Judge against casino gambling. Three times dian Tribes that have negotiated Trib- Lamberth stated, and I quote, since 1978 there have been attempts to al-State compacts with the States in The court is deeply disappointed that any amend the constitution and change which they are located. The Sec- litigant would fail to obey orders for produc- retary’s rules effectively punish those tion of documents, and then conceal and that provision, and each time they cover up that disobedience with outright have been overwhelmingly defeated. tribes which have played by the rules. false statements that the court then relied This would have the effect of over- The Secretary’s action will open the upon. But when that litigant is the federal turning three constitutional expres- floodgates to an approval process based government, the misconduct is even more sions of opinion by the people of Flor- more on political influence than on troubling. I have never seen more egregious ida, and similar expressions of opinion proper negotiations between the states misconduct by the federal government. by citizens of other States, to have the and the tribes. Who will be the winners This conduct has raised such concern Secretary of the Department of the In- under Secretary Babbitt’s new regime? that both the Chairman of the Senate terior insert his or her will as to casino Will it be the Tribes that donate Indian Affairs Committee and the gambling within that State. enough money to the right political Chairman of Senate the Energy and At this time, unless there is further party? In contrast to the Secretary’s Natural Resources Committee have debate, I will yield my time. We will rules, the Graham-Enzi amendment held hearings and proposed legislation not necessarily ask for a rollcall vote would ensure that an unelected Sec- to call Secretary Babbitt to task for on this matter if it can, as in the past, retary of the Interior won’t single- his mismanagement of these funds and be resolved by a voice vote. handedly change current law. This his disregard for the rulings of a fed- I thank the Chair. amendment will ensure that any eral court. The Secretary’s continued Mr. ENZI. Mr. President, I rise in change to IGRA is done the right way— violation of his trust obligations to In- support of the amendment introduced legislatively. dian Tribes should serve as a wake-up by the Senator from Florida, Mr. GRA- I have already had occasion on this call to all of us in the Senate. This is HAM. This amendment has one very floor to remark on the painful irony of not the time to allow the Secretary to simple purpose: To ensure that the the timing of Secretary Babbitt’s delegate to himself new, unauthorized, rights of Congress and all fifty states power grab. In March of last year, At- powers. I want to point out that this amend- are not trampled on by an unelected torney General Janet Reno requested ment does not affect any existing Trib- cabinet official. an independent counsel to investigate al-State compacts. The amendment This amendment is very straight- Secretary Babbitt’s involvement in de- does not, in any way, prevent states forward: it prohibits Secretary Babbitt nying a tribal-state gambling license and Tribes from entering into com- from expending any funds from this act to an Indian Tribe in Wisconsin. Al- pacts where both parties are willing to to implement the final regulations he though we will have to wait for Inde- agree on class III gambling on Tribal published on April 12 of this year. The pendent Counsel Carol Elder Bruce to lands within a State’s borders. This regulations at issue would allow Sec- complete her investigation before any amendment does ensure that all stake- retary Babbitt to circumvent the final conclusions can be drawn, it is holders must be involved in the proc- rights of individual states by approving evident that serious questions have ess—Congress, the Tribes, the States, casino-style gambling on Indian Tribal been raised about Secretary Babbitt’s and the Administration. lands. This amendment would prohibit judgment and objectivity in approving Mr. President, a few short years ago, this power grab. Indian gambling compacts. We should the big casinos thought Wyoming Mr. President, this is the fifth time not turn over sole discretion of casino would be a good place to gamble. The in two years that I have been involved gambling on Indian Tribal lands to an casinos gambled on it. They spent a lot in amendments of this nature. I myself individual who has shown such care- of money. The even got an initiative on have offered four previous amendments lessness in administering his trust re- the ballot. They spent a lot more to stop this power grab by the Sec- sponsibilities to all the Indian Tribes money trying to get the initiative retary of the Interior, and four times within his jurisdiction. passed. I became the spokesman for the this Senate has approved these amend- The very fact that Attorney General opposition. When we first got our mea- ments by voice votes. I think this body Reno believed there was specific and ger organization together, the polls has spoken with a clear voice that it credible evidence to warrant an inves- showed over 60 percent of the people does not believe an unelected cabinet tigation should be sufficient to make were in favor of gambling. When the official should bypass Congress and all this Congress hesitant to allow Sec- election was held casino gambling lost fifty states in a decision as great as retary Babbitt to grant himself new by over 62 percent—and it lost in every whether or not casino gambling should trust powers that are designed to by- single county of our state. The 40 point allowed within the state borders. pass the states in the area of Tribal- swing in public opinion happened as Mr. President, recently I was invited State gambling compacts. Moreover, people came to understand the issue to testify before the Indian Affairs this investigation should have taught and implications of casino gambling in committee on a bill Senator CAMPBELL us an important lesson: we in Congress Wyoming. That’s a pretty solid mes- has introduced to amend the statute should not allow Secretary Babbitt, or sage. We don’t want casino gambling in that governs gambling on Indian Tribal any other Secretary of the Interior, to Wyoming. The people who vote in my lands, the Indian Gaming Regulatory usurp the rightful role of Congress and state have debated it and made their Act. While I do not agree with all the the states in addressing the difficult choice. Any federal bureaucracy that changes Senator CAMPBELL has pro- question of casino gambling on Indian tries to force casino gambling on us posed to IGRA, I applaud the Chairman Tribal lands. will only inject animosity. for taking the initiative to attempt to Mr. President, the Secretary has not Why did we have that decisive of a make changes the proper way—by pro- given any indication in the 16 months vote? We used a couple of our neigh- posing a bill, holding hearings, receiv- since the independent counsel was ap- boring states to review the effects of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10553 their limited casino gambling. We The PRESIDING OFFICER. Without Anyone who understands this issue found that a few people make an awful objection, it is so ordered. understands that bulldozers are not lot of money at the expense of every- The amendment is as follows: ready to roll, nor should they be. They one else. When casino gambling comes On page 62, line 10, add the following before don’t even know yet what lead might into a state, communities are changed the period ‘‘:Provided, That within the funds be available. There are too many unan- forever. And everyone agrees there are available, $250,000 shall be used to assess the swered questions to make a final deci- costs to the state. There are material potential hydrologic and biological impact of sion. Regrettably, some on the extreme costs, with a need for new law enforce- lead and zinc mining in the Mark Twain Na- want to preclude an opportunity to an- tional Forest of Southern Missouri: Provided ment and public services. Worse yet, further, That none of the funds in this Act swer those questions. there are social costs. And, not only is may be used by the Secretary of the Interior The fundamental question that this gambling addictive to some folks, but to issue a prospecting permit for hardrock amendment addresses is whether some- once it is instituted, the revenues can mineral exploration on Mark Twain National day, if we were to find lead in those be addictive too. But I’m not here to land in the Current River/Jack’s Fork areas, additional lead could be mined debate the pros and cons of gambling. I River—Eleven Point Watershed (not includ- safely in the State of Missouri. That is am just trying to maintain the status ing Mark Twain National Forest land in a critical question and that is one that quo so we can develop a legislative so- Townships 31N and 32N, Range 2 and Range 3 should be answered by the scientists. West, on which mining activities are taking We are not here to legislate a deci- lution, rather than have a bureaucratic place as of the date of enactment of this mandate. Act): Provided further, That none of the funds sion and it should not be hijacked by Mr. President, the rationale behind in this Act may be used by the Secretary of administrative decree. this amendment is simple. Society as a the Interior to segregate or withdraw land in Some suggest that we know enough whole bears the burden of the effects of the Mark Twain National Forest Missouri already to make what would be a per- gambling. A state’s law enforcement, under section 204 of the Federal Land Policy manent decision for the 1,800 miners social services, communities, and fami- and Management Act of 1976 (43 U.S.C. 1714)’’ who are under the gun for the 10 coun- lies are seriously impacted by the ex- Mr. BOND. Mr. President, this ties in south Missouri that depend pansion of casino gambling on Indian amendment, as the manager has al- upon this mining. They say we know Tribal lands. Therefore, a state’s popu- ready stated, deals with a matter that enough already to prevent any further larly elected representatives should was approved in the committee and mining in an area which has 90 percent have a say in the decision about wheth- was taken out by a procedural move. of the domestic lead deposits. So we er or not to allow casino gambling on The amendment requires a study of would export lead production overseas. Indian lands. This decision should not mining in the Mark Twain National This past month I met with the bi- be made unilaterally by an unelected Forest in south-central and southeast partisan county commissioners, Demo- cabinet official. Passing the Graham- Missouri. It requires that it be con- crats and Republicans, who are elected Enzi amendment will keep all the in- ducted to address the scientific gaps by and responsible to the people in the terested parties at the bargaining identified by scientists in the Depart- counties they serve. They make up the table. By keeping all the parties at the ments of the Interior, Agriculture, and Scenic Rivers Watershed Partnership. table, the Indian Affairs Committee others. They are closest to the issue. They will have the time it needs to hear all While the relevant information is have the most at stake. They are the the sides and work on legislation to fix collected, the amendment delays any ones who represent the recreational in- any problems that exist in the current prospecting or withdrawal decisions for terests. They are the ones who rep- system. I urge my colleagues to stand the fiscal year. resent the timber interests. They rep- up for the constitutional role of Con- This amendment is a commonsense resent the forest interests. They rep- gress—and for the rights of all fifty amendment. It is a modern amend- resent the interests of schools and states—by supporting this amendment. ment. It enables the full-blown process roads which depend upon the royalties I thank the chair and yield the floor. to go forward before any decisions are that come from mining. And they sup- Mr. GORTON. Mr. President, I under- made. port this amendment. They said we stand that the Senator from Hawaii, This amendment does not permit must have a full-blown study. Mr. INOUYE, may wish the opportunity mining. It does not permit exploration. There is a technical team that has to speak, and perhaps more likely will It does not amend, weaken, or touch been set up. wish the opportunity to put a state- environmental standards. A multiagency technical team was ment in the RECORD. I don’t believe It prohibits exploration and with- established in 1988. It has the USDA that affects the proposition that the drawal. It requires a scientific study of Forest Service, the National Park amendment will be accepted by voice the scientific gaps identified by the Service, EPA, U.S. Geological Survey vote. But I ask that we not take that agencies. It maintains the NEPA re- Water Resources Division and the Geo- voice vote at this time, until we are ap- quirement for full-blown environ- logic Division, the Mineral Resources prised of the desires of the Senator mental impact statements which any Division, the Mapping Division, the from Hawaii. withdrawal by the Secretary would Missouri Department of Natural Re- Under the circumstances, the Sen- preclude. sources, and the Department of Con- ator from Missouri being here, I ask This amendment preserves, as I said, servation. It has the private companies unanimous consent that he be recog- the requirement of the full-blown involved; it has the University of Mis- nized and that we set this amendment NEPA process. And a full-blown impact souri, Rolla; and it has the U.S. Fish aside to deal with another. statement will ultimately dictate and Wildlife Service. The PRESIDING OFFICER. Without whether any mining should or should What do these scientists and engi- objection, it is so ordered. not take place if an application is neers who have begun the study say? The Senator from Missouri is recog- made, if there are deposits of lead dis- First, they say: nized. covered. The technical team believes that there is AMENDMENT NO. 1621 By the time any mining could take insufficient scientific information available Mr. BOND. Mr. President, I send an place, Senator THURMOND might be the to determine the potential environmental only Senator remaining in this Cham- impact of lead mining in the Mark Twain amendment to the desk and ask for its National Forest area. This is a consensus immediate consideration. ber. opinion that the technical team has held The PRESIDING OFFICER. The The amendment does not give miners from the beginning through the present. Due clerk will report. their way who want clearance for to the lack of scientific information avail- The legislative clerk read as follows: prospecting now. able to assess the potential impacts of lead The Senator from Missouri [Mr. BOND], for It does not give the zero-growth op- mining, the technical team proposed that a Mr. LOTT, proposes an amendment numbered ponents their way. Contrary to prece- comprehensive study be conducted. 1621. dent and current law, they want no That is contained in a letter to me Mr. BOND. Mr. President, I ask unan- economic activity on these public dated July 30, 1999, from Charles G. imous consent that reading of the lands which are multiple-use lands in Groat, Director of the U.S. Geological amendment be dispensed with. the State of Missouri. Survey, the Office of the Director, the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10554 CONGRESSIONAL RECORD — SENATE September 8, 1999 U.S. Department of the Interior in Res- decision, and it is a consensus of all of I do as chairman of the Indian Affairs ton, VA. those agencies I outlined that they Committee. Certainly Indian trust I ask unanimous consent that a copy don’t have the information. I think it funds have been an issue on which we of this letter be printed in the RECORD. is also a strong consensus of all the have been at odds for literally months There being no objection, the mate- agencies that we must protect the en- with the Secretary. In addition to that, rial was ordered to be printed in the vironmental resources of the region. as a member of the Energy Committee, RECORD, as follows: As one who has floated and fished on I have had my disagreements with him U.S. DEPARTMENT OF THE INTERIOR, the streams in the Mark Twain Na- on grazing, water, and many other U.S. GEOLOGICAL SURVEY, tional Forest, I can tell you that it is things, too. But there are at least four Reston, Virginia, July 30, 1999. a real gem. I flew over much of the reasons to oppose this amendment. Hon. CHRISTOPHER S. BOND, area and I visited on foot much of the I hope my friend, the Senator from U.S. Senate, Washington, DC. area in the last month. I can tell you Florida, will consider withdrawing it. DEAR SENATOR BOND: This is in response to that it is a beautiful wilderness. But it First, after the Supreme Court de- your letter of July 20, 1999, to Mr. Jim Barks, is a multiple-use area. It is used for cided in Seminole v. Florida that In- related to mining in the Mark Twain Na- recreation; it is used for timber; it is dian tribes cannot sue States for un- tional Forest (MTNF) area. In your letter, you ask that we provide a brief and clear as- used for mining. We flew over some 160 willingness to negotiate Indian gaming sessment as to the quality of information exploratory drilling sites. But you agreements, it created a terrific prob- that was compiled by the interagency tech- don’t see them because they grow back. lem, as many Members know. We have nical team charged with building a ‘‘relevant As a matter of fact, I had my picture spent a considerable amount of time in database to assess mining impacts and base taken in one of the exploratory sites. our committee, with me as the chair- future decisions.’’ You ask that we, ‘‘specifi- There is an exploratory site 2 years man of that Committee on Indian Af- cally address the question as to the adequacy after the exploration stopped. It is fairs, looking for ways that States and and relevance of information currently growing back. In another few years you tribes can come to some consensus. available to provide a solid scientific founda- won’t even be able to tell it is there. We have a pending bill, S. 985. We tion for any decision to justify either with- That is why the scientists said that have worked on it very hard. We want drawal or mining in the region.’’ In 1988, an interagency technical team was exploratory drilling has no impact. So the legislative process to proceed. The assembled to guide the identification, collec- it is not even an issue. It has no envi- Indian Gaming Regulatory Act re- tion, and dissemination of scientific infor- ronmental impact. That is not a prob- quires tribes to have compacts before mation needed to assess the potential envi- lem. they can operate class III gaming. ronmental impact of lead mining in the There are those who do not live in Right now, unfortunately, the States MTNF area. Since 1989, the team has been the area who say that no economic use hold all the cards since the court de- chaired by Bob Willis of the Forest Service. can be made. But I believe that for the cided the States do not have to nego- The U.S. Geological Survey (USGS) has ac- good of the country, for the good of the tiate in good faith. tively participated on the team from the be- area, to satisfy our needs, to provide The Secretary of the Interior is now ginning, with Mr. James H. Barks, USGS in Federal court over his ability to Missouri State Representative, serving as the work for 1,800 miners in the area, our representative. to provide the support for the schools, issue the kind of procedures that this The technical team believes that there is for the communities, for the roads and amendment seeks to stop. As the Sen- insufficient scientific information available infrastructure in the area, we must fol- ator from Florida probably knows, to determine the potential environmental low the long established, rigorous eval- these procedures can only be put into impact of lead mining in the MTNF area. uation process designed to allow envi- effect if they are published in the Fed- This is a consensus opinion that the tech- ronmentally acceptable activities and eral Register. The States of Alabama nical team has held from the beginning prohibit those that would be adverse to and Florida have sued the Secretary of through the present. Due to the lack of sci- the Interior if this case moves ahead in entific information available to assess the the environment. potential impacts of lead mining, the tech- If you listen to the scientists, as we the courts. It is in the interest of all nical team proposed that a comprehensive have, you know that it takes more in- parties, States and tribes, for the study be conducted. formation than is currently available United States to allow the courts to In January 1998 at the request of the tech- to make that determination. These decide once and for all if the Secretary nical team, the USGS prepared a proposal for questions deserve to be answered before has this authority. a multi-component scientific study to ad- we mine, or before we slam the door in I point out, the House has already re- dress the primary questions about the poten- the face of the regions’ residents and jected a similar amendment. I have a tial environmental impacts of lead mining in force our country to become exclu- letter dated August 2 from the Sec- the MTNF area. Mr. Barks provided a copy of retary of the Interior. I ask unanimous the proposed study to Brian Klippenstein of sively reliant on foreign sources of this your staff at his request on July 9, 1999. Nei- vital mineral. consent that the letter be printed in ther a requirement for full environmental re- I urge my colleagues to support this the RECORD. view to support a Secretarial decision nor a measure. It is a commonsense amend- There being no objection, the letter source of funding has been established. For ment. was ordered to be printed in the these reasons the proposed study has not Mr. CAMPBELL addressed the Chair. RECORD, as follows: been initiated. The PRESIDING OFFICER. The Sen- THE SECRETARY OF THE INTERIOR, Please let us know if we can provide addi- ator from Colorado. Washington, DC, August 2, 1999. tional information or assistance. AMENDMENT NO. 1577 Hon. BEN NIGHTHORSE CAMPBELL, Sincerely, Mr. CAMPBELL. Mr. President, I was U.S. Senate, Washington, DC. CHARLES G. GROAT, off the floor. What is the pending busi- DEAR SENATOR CAMPBELL: As you know, a Director. floor amendment has been submitted for in- ness? Are we going back to the Graham Mr. BOND. Mr. President, there is tended action on the FY 2000 Interior appro- amendment now? priations bill which would preclude the De- further backup and supportive informa- The PRESIDING OFFICER. We are tion that I can provide. But, in sum- partment from expending any funds to im- now on Senator BOND’s amendment. We mary, my amendment provides the plement the Indian gaming regulation pub- left the Graham amendment. lished in the Federal Register on April 12, money for the research that the tech- Mr. CAMPBELL. I ask unanimous 1999. The question of our authority to pro- nical team says it needs, and it pre- consent to return to the Graham mulgate that regulation is in litigation in serves the current rigorous environ- amendment so that I may speak in op- the Northern District of Florida in a case mental process which will take years position to it for a minute. brought by the States of Florida and Ala- to complete. If lead is discovered, if it The PRESIDING OFFICER. Without bama. I urge you to oppose the amendments is economically viable, and if the com- in recognition of the fact that the matter is objection, it is so ordered. now in the courts, and we have agreed to re- pany decides to develop a mining plan The Senator from Colorado is recog- and apply for mineral production, then frain from implementing the regulation in nized. any specific case until the federal district the whole process will have to start. Mr. CAMPBELL. Thank you, Mr. court has an opportunity to rule on the mer- To vote for this amendment is to President. its of the legal issues. We believe that this vote to let the scientists get what they I don’t think anyone has more dis- matter is best dealt with by the courts and say is necessary to make an informed agreement with Secretary Babbitt than we are eager for a judicial resolution.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10555 The regulation will have narrow applica- class III gaming; that is, casino gam- by law within that State; for example, tion. It applies, by its terms, only (1) when ing, slot machines, video poker, and a State that may authorize only a lot- an Indian Tribe and a State have failed to other casino-type games. tery might be pressed by a tribe to per- reach voluntary agreement on a tribal-state Under IGRA, the Congress very clear- mit slot machines—clearly something gaming compact; and (2) when a State suc- cessfully asserts its Eleventh Amendment ly intended to authorize Indian tribes that IGRA did not contemplate. It is in immunity from a tribal lawsuit and thus to enjoy and to participate in gaming that area that we have had some very avoids the mediation process expressly pro- activities within their respective serious disagreements. vided in the Indian Gaming Regulatory Act. States to the same extent as a matter The new Interior Department regula- The regulation will be implemented on a of public policy that the State confers tions destroy the compromise that is case-by-case basis, controlled by the facts gaming opportunities generally to the reflected in IGRA. It is in my view a and law applicable to each situation. As State. blatant attempt by the Secretary to re- noted above, we are already in litigation in There are two clear extremes. In one write the law without congressional federal court in Florida over the lawfulness case, we have the States of Utah and of the regulation. approval. The rule that has been pro- In a letter dated May 11, 1999, I explained Hawaii. Those are the only two of the mulgated allows the Secretary to pre- our concern that we do not think a legal 50 States that I am aware of that per- scribe ‘‘procedures’’ which the Interior challenge to the regulation is ‘‘ripe’’ for ad- mit no form of Indian gaming. It is Department characterizes as a legal judication until the Department had actu- very clear that because those two substitute for a tribal-State compact, ally issued ‘‘procedures’’ under it. Since that States as a matter of public policy con- in the event a State asserts an 11th time, we have sought to dismiss a legal chal- fer no gaming opportunities upon its amendment sovereign immunity de- lenge on ripeness grounds. We intend to go citizenry, Indian tribes in Utah and Ha- fense to a suit brought by a tribe forward with processing tribal applications waii have no ability to conduct gaming under our regulation and to issue ‘‘proce- claiming a State has not negotiated in dures’’ if they are warranted. It is important activities within the class III descrip- good faith. to note that any such ‘‘procedures’’ become tion, the so-called casino-type games. The effect of this rule for all intents affective only when published in the Federal Equally clear at the other end of the and purposes nullifies the State’s con- Register. As noted above, we have agreed to spectrum is my home State of Nevada. stitutionally guaranteed sovereign im- refrain from publishing any procedures until Nevada has embraced casino gaming munity by allowing the Secretary of the federal district court has an opportunity since 1931. It is equally clear in Nevada the Interior to become a substitute to rule on the merits of the legal issues. law that the Indian tribes in my own Federal court that can hear the dispute The House of Representatives rejected an State are entitled to a full range of ca- brought by the tribe against the State. amendment that would have precluded im- plementation of the rule and I hope that the sino gaming. Indeed, compacts have Ironically, the new rule permits a tribe full Senate will do the same. As you know, in been introduced to accomplish that to sue based on any stalemate brought the past, I have recommended that the Presi- purpose. about by its own unreasonable de- dent veto legislation containing similar pro- Under IGRA, the class III gaming ac- mands on the State, such as insisting visions. tivity is lawful on Indian lands only if on gaming activities that violate that Thank you for your assistance on this im- three conditions are made: State’s law. portant matter. No. 1, there is an authorized ordi- I support this amendment because I Sincerely, nance adopted by the governing body of believe, as do the Governors and the BRUCE BABBITT. a tribe and approved by the Chairman States Attorney General, that the Sec- Mr. CAMPBELL. In that letter, the of the National Gaming Indian Com- retary does not possess the legal au- Secretary indicates the final rule will mission; thority he has sought to grant to him- not be implemented and no tribal No. 2, located in a State that permits self under this rule, and that statutory agreements will be authorized until the such gaming for any purpose by any modifications to IGRA are necessary in courts decide the real issue of whether person, organization, or entity—I want order to resolve a State’s sovereign im- he has authority to issue these proce- to return to that because that is the munity claim. dures. That may take several years. key here—located in a State that per- In a letter to the majority leader and I ask the legislative process proceed mits such gaming for any purpose by the Democratic leader, the Nation’s and we not short circuit it with this any person, organization, or entity. Governors stated they strongly believe amendment. I ask the Senator from No. 3, are conducted in conformance that no statute or court decision pro- Florida to withdraw that amendment. with a tribal-State compact. vides the Secretary of the U.S. Depart- I yield the floor. As I know the distinguished occupant ment of Interior with the authority to The PRESIDING OFFICER. The Sen- of the Chair fully understands, the im- intervene in disputes over compacts be- ator from Nevada. plementation of IGRA requires that tween Indian tribes and States about Mr. BRYAN. Mr. President, I rise compact be negotiated and entered into casino gambling on Indian lands. In today in support of the amendment of- between the Governor of the State and light of this strongly held view, the fered by the distinguished Senators the tribe within that State that is States of Florida and Alabama have al- from Florida and Wyoming, Mr. GRA- seeking to conduct class III activity. ready filed suit against the Secretary HAM and Mr. ENZI. This is an amend- When IGRA was enacted in 1988, Con- to declare the new rule ultra vires. ment that prevents the Interior De- gress was careful to create a balance The most troubling aspect of the new partment from implementing new reg- between State and tribal interests. One rule is that the Secretary of the Inte- ulations that seriously threaten the of the fundamental precepts of IGRA is rior grants himself the sole authority rights of States to regulate gaming ac- that States and tribes must negotiate to provide for casino gaming on Indian tivities within their borders. agreements or compacts that delineate lands in the absence of the tribal-State This amendment reinstates the pro- the scope of permissible gaming activi- compact. hibition on the Secretary of the Inte- ties available to the tribes. Again, the As a former Governor, I appreciate rior, which expired on March 31, from intent of IGRA is clear and I support the States’ concern with the inherent approving casino gaming on Indian its concept. Very simply stated: To the conflict of interest of the Secretary in land in the absence of a tribal-State extent that a State authorizes certain resolving a major public policy issue compact. A similar provision was gaming activity as a matter of public between a State and Indian tribe while adopted unanimously by the Senate as policy within the boundaries of that also maintaining his overall trust re- part of the fiscal year 1998 Interior ap- State, Indian tribes located within that sponsibility to the tribe. propriations bill as well as the fiscal State should have the same oppor- I ask my colleagues to consider the year 1999 omnibus appropriations bill. tunity. There is no fundamental dis- Secretary of the Interior would in ef- As many of my colleagues are aware, agreement about that. fect be the arbiter where a dispute the Indian Gaming Regulatory Act en- However, a situation has arisen in a arose between the tribe and the Gov- acted in 1988 divides Indian gaming number of States in which Indian ernor in which the tribe was asserting into three categories. The amendment tribes have tried to force Governors to a claim to have more gaming activity offered for consideration on the Senate negotiate extended gaming activities than is lawfully permitted in the State. floor today addresses the conduct of that are not authorized or permitted The Secretary of the Interior, who

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10556 CONGRESSIONAL RECORD — SENATE September 8, 1999 holds a trust responsibility to the I yield the floor. prevent Indian tribal governments tribe, would in effect be making the de- The PRESIDING OFFICER. The Sen- from engaging in activities that have termination in that State as to what ator from Washington. been authorized by the U.S. Congress kind of gaming activity would be per- Mr. GORTON. Mr. President, it is and sanctioned by the Supreme Court mitted. I cannot imagine something still the opinion of the managers that of the United States. that is a more flagrant violation of a this amendment is likely to be accept- My colleagues know well that there State’s sovereignty and its ability, as a ed by voice vote. We still haven’t di- has been a serious impasse in the oper- matter of public policy, to cir- rectly heard from the Senator from Ha- ation of federal law, the Indian Gaming cumscribe the type of gaming activity waii, however, who may be nearby. I Regulatory Act—IGRA—since 1996. permitted. The States have asserted a hope when he finishes we can cast such In that year, the Supreme Court con- wide variety of these. Some States, as a vote. cluded that the means by which tribal I indicated earlier, provide for no gam- We have heard, on the other hand, governments could have recourse to ing activity at all. Others provide for a the senior Senator from Illinois wishes the Federal courts if a State refused to full range of casino gaming, as does my to speak against the Lott amendment negotiate for a tribal-State compact own State. Other States permit lot- proposed for him by Senator BOND and violated the states’ eleventh amend- teries. Still others authorize certain will ask for a vote on that. So we will ment immunity to suit. types of card games. Others permit a await his presence and his speech on Thus, while there are presently over variation of horse or dogtrack racing, that subject before there is any at- 128 tribal-State compacts as many as 24 both on- and off-track. tempt to bring that amendment to a States, in those States where tribal- So a State faces the real possibility, vote. But for all other Members with State compact negotiations had not under this rule, if it is not invali- the other 64 amendments, now that we been brought to fruition by 1996, the dated—and I believe legally it has no have started to deal with two of them, Court’s ruling gave those States a force and effect, but we want to make we would certainly appreciate their trump card in the negotiations. sure this amendment prohibits the at- coming to the floor and showing a will- Those States—and there are only a tempt of the Secretary to implement ingness to debate. The Democratic few—now had a means of avoiding com- it—in effect, the Secretary of the Inte- manager, Senator BYRD, and I are cer- pliance with the Federal law alto- rior would have the ability to set pub- tainly going to be happy to grant unan- gether. They could refuse to negotiate lic policy among the respective States imous consent to move off of one any further, or refuse to negotiate at as to what type of gaming activities amendment and onto another, I am all, with the knowledge that tribal gov- could occur on Indian reservations sure, to keep the debate going with the ernments had no remedy at law and no within those States. We are talking hope of making progress on the bill. recourse to the Federal courts. now about class III casino gaming. With that, however, I yield the floor. We have tried to address this matter Even though a State Governor and the Mr. BYRD. Mr. President, I join with through legislation, and indeed, the legislature and the people of that State my distinguished colleague, the man- chairman of the Indian Affairs Com- may have determined, as a matter of ager of the bill, in urging Senators to mittee, Senator BEN NIGHTHORSE CAMP- public policy, that they want a very come to the floor and debate these BELL, currently has a bill pending in limited form of gaming—a lottery or amendments. It is my understanding, the Senate which specifically addresses racetrack betting at the track as op- as it is his, that the distinguished Sen- this matter and establishes a process posed to off-track—the Secretary ator from Illinois, Mr. DURBIN, wishes for resolving this impasse. would have the ability, when a tribe as- to speak against the amendment by the In the interim, the Secretary of the Interior has stepped into the breach— serted more than the State’s law per- distinguished Senator from Missouri, first by soliciting public comment on mitted, to, in effect, resolve that. I Mr. BOND, and he will certainly have his authority to promulgate regula- cannot think of anything that is more that opportunity. violative of a fundamental States I trust the offices of Senators—I am tions for an alternative process if trib- rights issue in terms of its sovereignty sure they are watching and listening— al-State compact negotiations should and its ability as a matter of public will pass on to the respective Senators fail, and then by following the adminis- policy to make that determination. this urgent message that we are trying trative procedures to assure that ev- I agree with many of my colleagues to state here, that we are here, we are eryone with an interest had an oppor- that statutory changes to IGRA are in here to discuss amendments, debate tunity to participate in the rulemaking order, in light of recent court deci- them, agree to them, vote them down, process. That was the open and public and sions. I am hopeful that Congress will vote them up, amend them further, or well above-board process that was fol- see fit to reassert its lawmaking au- whatever. But Senators need to come lowed, and it seems to me only fair thority in this area by reexamining to the floor and make their wishes that if a State refuses to negotiate IGRA, rather than sitting on the side- known so that this valuable time will lines while the Secretary of the Inte- with a tribal government,—that there not be lost. So I urge our Senators to rior performs that task. be some other means by which an in- But, in the meantime, it is impera- act accordingly. Now I yield the floor. dian government can secure its right tive that the Congress prohibit the Mr. President, I suggest the absence under Federal law to conduct gaming Secretary from approving class III of a quorum. activities. gaming procedures without State ap- The PRESIDING OFFICER. The Mr. President, if there were a pro- proval. For that reason, I urge my col- clerk will call the roll. ponent of this amendment that could leagues to support the carefully crafted The bill clerk proceeded to call the tell us what equitable alternative they amendment by my colleague from roll. would propose for those tribal govern- Florida, Senator GRAHAM, and Senator Mr. INOUYE. Mr. President, I ask ments that will be directly affected by ENZI from Wyoming—an amendment to unanimous consent that the order for this amendment, I would give that al- preserve the role for States in the con- the quorum call be rescinded. ternative my earnest consideration. duct of gaming on Indian lands. The PRESIDING OFFICER. Without But all that I see going on here is an It is fair, it is balanced, and it is rea- objection, it is so ordered. effort to assure that the windfall en- sonable. It is consistent with the over- Mr. INOUYE. Mr. President, may I be joyed by those States that had not en- all intent of IGRA, which was adopted recognized? tered into compacts by 1996, never have in 1988 by the Congress, to permit class The PRESIDING OFFICER. The Sen- to do so. III gaming activities when the three ator from Hawaii is recognized. I suggest that if what we are about conditions which I have enumerated Mr. INOUYE. Mr. President, with the here is to render the Indian Gaming are met, ultimately with a compact ne- greatest respect for my friend from Regulatory Act a nullity, then let’s be gotiated by the Governor and the tribe Florida, I rise in opposition to the direct and forthright about it. within that State. In the absence of amendments he proposes to the Inte- Let’s repeal the Federal law. such an agreement, the Secretary of rior appropriations bill. Let’s have the Supreme Court’s rul- the Interior must not be allowed to de- As similar amendments have done in ing in Cabazon be the order of the day termine that State’s public policy. prior years, this amendment seeks to and of every day to come.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10557 I, for one, will not be party to this open casinos, regardless of the opinion Mayor Glenn’s concerns have been obvious effort on the part of some of the State itself, despite his obvious seconded by other communities. Let States to evade the mandates of the conflict of interest, and even in the ab- me share with you an editorial that ap- Federal law. sence of any bad faith on the part of peared in the Montgomery Advertiser There is nothing constructive being the States. I fail to see how the Sec- in regards to regulations being dis- advanced today. There is no effort to retary of the Interior can cede himself cussed today. The Advertiser wrote: assure some balance in the positions of the authority to make this determina- Direct Federal negotiations with tribes the respective sovereigns, tribal and tion for the people of Alabama. Allow without State involvement would be an State governments, and as such, I must me to quote two points from the legal unjustifiably heavy handed imposition of au- strongly and respectfully oppose the analysis prepared by the States of thority on Alabama. The decision whether to adoption of this amendment. Florida and Alabama which highlight allow gambling here is too significant a deci- I thank the Chair. I yield the floor. these issues: sion economically, politically, socially to be At the request of Mr. GORTON, the The States of Florida and Alabama made in the absence of extensive State in- following statement was ordered print- point out in their lawsuit that ‘‘under volvement. A casino in Wetumpka—not to mention the others that would undoubtedly ed in the RECORD: IGRA, an Indian tribe is entitled to Mr. SESSIONS. Mr. President, I rise follow in other parts of the State—has impli- nothing other than the expectation cations far too great to allow the critical de- today to join with my distinguished that a State will negotiate in good cisions to be reached in Washington. Ala- colleagues, Senator ENZI and Senator faith. If an impasse is reached in good bama has to have a hand in this high stakes GRAHAM, in offering this important faith under the statute, the Tribe has game. amendment to the fiscal year 2000 Inte- no alternative but to go back to the ne- Mr. President, the States of Alabama rior appropriations legislation. This is gotiating table and work out a deal. and Florida were correct to challenge an amendment that should be sup- The rules significantly change this by this regulatory proposal, and the writ- ported by anyone who is concerned removing any necessity for a finding ers of the above quoted letter and edi- about the issue of gambling, and who that a State has failed to negotiate in torial were correct when they voiced also believes that the Federal Govern- good faith. The trigger in the rule their objections to it. We should not ment often goes too far in exerting its would allow secretarial procedures in allow the Secretary of the Interior to will on the individual States. I think the case where no compact is reached promulgate rules giving himself the that the amendment we offer today, within 180 days and the State imposes authority to impose drastic economic, which will prohibit taxpayers money its Eleventh Amendment immunity.’’ political and social costs on our local Additionally the States’ challenge from being expended to implement the communities, and we should take steps points out the problems associated final rule published on April 12, 1999 at now to ensure that he is unable to do with the Secretary of Interior’s con- 64 Federal Register 17535, is an impor- so. I urge my colleagues’ support for flict of interest. In their argument the tant amendment because if it passes it the Graham-Enzi amendment. will prohibit the Secretary of the Inte- States point out that ‘‘the rules at Mr. GRAHAM. Mr. President, on rior from unilaterally approving the issue here arrogate to the Secretary April 12, 1999, Thomas Jefferson must expansion of casino gambling on Tribal the power to decide factual and legal have turned over in his grave. That land throughout this country, includ- disputes between States and Indian Monday, the Secretary of the Interior ing States, like Alabama, in which a Tribes related to those rights. Pursu- promulgated a regulation which had Class III gambling compact has not ant to 25 USC Section 2 and Section 9, the potential to unilaterally strip the previously been negotiated. the Secretary of the Interior stands in Allow me to briefly share some of my a trust relationship to the Indian duly elected Governors of America of thoughts on the importance of this tribes of this nation. The rules set up their decision-making authority on the amendment. As Attorney General of the Secretary, who is the Tribes’ trust- issue of casino gambling. Alabama, I cosigned a letter with 25 ee and therefore has an irreconcilable That day, the Secretary published other Attorneys General that was sent conflict of interest as the judge of regulations that would circumvent the to the Secretary of the Interior in re- these disputes. Therefore, the rules, on State-tribal compact negotiation proc- gards to his promulgation of the rule their face, deny the States due process ess by allowing tribes to apply directly we seek to block today. Every Attor- and are invalid.’’ to the Department of Interior for the ney General who signed that letter Both of these points help to illus- approval of Class III gaming. If the shared the opinion that the Secretary trate just how badly flawed the regula- Secretary determines that the State of the Interior did not have the legal tion proposed by the Secretary of the and tribe have not been able to reach authority to take action to promulgate Interior is, and help underscore why an agreement, he, alone, can grant the regulations which gave him the author- Congress should be vigilant in ensuring tribes the authority to engage in Class ity to allow casino gambling in this it cannot be utilized. III gaming. manner. In fact, I previously warned Why is this issue so important to my Class III gaming is the sort of gam- the Secretary that if he attempted to State? Because in giving himself the bling you might find in Atlantic City implement this rule, he would imme- ability to decide whether to allow trib- or Las Vegas—blackjack, slot ma- diately be sued by States throughout al Class III gambling in a State, the chines, craps, roulette. this country in direct challenge to Secretary of Interior has given himself It’s an old story, Mr. President: these regulations, resulting in a ter- the ability to impose great social and Washington knows best. But in an era rible waste of resources on both the economic burdens on local commu- when we have correctly determined State and Federal level. Unfortunately, nities throughout Alabama. Let me that political decisions are best made my prediction has come true, as the share with you a letter that the mayor at the State and local level, this com- States of Florida and Alabama have of Wetumpka, Jo Glenn, whose commu- plete abrogation of States’ rights is filed suit to block the implementation nity is home to property owned by a particularly outrageous. Today, Sen- of this rule. tribe, wrote me in reference to the ator ENZI and I are taking steps to re- This is an important issue for my undue burdens her town would face if verse the Interior Department’s power State, which has a federally recognized the Secretary were to step in and au- grab. Our amendment to the Interior tribe and which has not entered into a thorize casino gambling. Mayor Glenn Appropriations bill would preserve the tribal-State gambling compact. Ala- writes: fundamental right of every State to de- bama’s citizens have repeatedly re- Our infrastructure and police and fire de- cide whether or not it wants Class III jected attempts to allow casino gam- partments could not cope with the burdens Indian gaming within its borders. It bling to occur within our State. How- this type of activity would bring. The de- would block these efforts to unilater- ever, under the rules that the Sec- mand for greater social services that comes ally approve tribal casino-style gam- to areas around gambling facilities could not retary of the Interior has promulgated, be adequately funded. Please once again con- bling applications by prohibiting the he has given himself the authority to vey to Secretary Babbitt our city’s strong use of Department of Interior funds for unilaterally decide whether tribes and adamant opposition to the establish- the implementation of the Secretary’s within the State will be allowed to ment of an Indian Gambling facility here. final rule.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10558 CONGRESSIONAL RECORD — SENATE September 8, 1999 The final rule publication on April 12 AMENDMENT NO. 1603 intent of Federal law governing the as- is fraught with long-term con- (Purpose: To prohibit the use of funds for the sessment and collection of Federal roy- sequences. If we allow the long-stand- purpose of issuing a notice of rulemaking alties from oil and gas drawn from Fed- ing tribal-State negotiation process to with respect to the valuation of crude oil eral lands in the Outer Continental be bypassed, we will undermine a dia- for royalty purposes until September 30, Shelf. logue which has promoted greater un- 2000) Everyone agrees the existing rules derstanding between both parties in Mrs. HUTCHISON. Mr. President, I are too complex and burdensome, and the negotiation of gaming compacts. call up amendment No. 1603. Congress and the industry groups had The PRESIDING OFFICER. Without This amendment does not limit the welcomed a revision of the rules. But objection, the pending amendments the proposed rule 3 years ago which ability of tribes to obtain Class III ca- will be set aside. sino-style gambling provided that MMS announced without prior notice The clerk will report. to Congress could impose even more tribes and States enter into valid com- The bill clerk read as follows: pacts pursuant to existing law. costly regulations on oil producers and The Senator from Texas (Mrs. HUTCHISON), effectively enact a royalty rate hike or But even more importantly, Depart- for herself, Mr. DOMENICI, Mr. LOTT, Mr. tax increase which the agency simply ment of Interior’s action calls into NICKLES, Mr. BREAUX, Mr. MURKOWSKI, Ms. does not have the authority to do. question the basic right of States to LANDRIEU, and Mr. SHELBY, proposes an amendment numbered 1603. While the larger oil companies might make decisions that are in the best in- be able to absorb these costs, hundreds Mrs. HUTCHISON. Mr. President, I terest of their residents. In the State of of small independent producers prob- ask unanimous consent that the read- Florida, our Constitution prohibits this ably will not. This new rule hits them ing of the amendment be dispensed sort of gambling, and in 1978, 1986, and at a time when they are still reeling with. 1994, Floridians overwhelmingly re- from the historically low oil prices we The PRESIDING OFFICER. Without jected casino gambling in three sepa- have seen lately. objection, it is so ordered. rate statewide referendums. State and Anyone who has any kind of oil pro- The amendment is as follows: local law enforcement officials are duction in their States knows that equally vehement in their opposition. On page 62, between lines 3 and 4, insert hundreds of thousands of oil-related the following: Mr. President, our amendment has jobs in our country have gone out of SEC. 1 . VALUATION OF CRUDE OIL FOR ROY- the support of the National Governors ALTY PURPOSES. existence in the last 6 months. We all Association, National Association of None of the funds made available by this know that oil prices went down to $10 Attorneys General, National League of Act shall be used to issue a notice of final a barrel. We have not seen that in this Cities, and the National Conference of rulemaking with respect to the valuation of country for 40 years. We know that State Legislatures. crude oil for royalty purposes (including a small independent producers had to go rulemaking derived from proposed rules pub- out of business, thus throwing hun- Four times in the past three years, lished at 62 Fed. Reg. 3742 (January 24, 1997), dreds of thousands of people off the an amendment similar to this one has 62 Fed. Reg. 36030 (July 3, 1997), and 63 Fed. payroll. been offered in the Senate, and all four Reg. 6113 (1998)) until September 30, 2000. In addition, there are two recent de- times it has been accepted. Should it Mrs. HUTCHISON. Mr. President, I velopments that justify more than ever fail this time, the Interior Department ask unanimous consent that Senator before the extension of the morato- will have unfettered power to grant SHELBY be added as a cosponsor to this rium. First, the MMS itself says it Class III gaming compacts over State amendment. needs more time to review its rule; sec- objections, even in State where casino The PRESIDING OFFICER. Without ond, a serious ethical and legal ques- gambling is against State law, includ- objection, it is so ordered. tion has recently been raised about the ing in States like Florida, where casino Mrs. HUTCHISON. Mr. President, I rulemaking process. gambling is prohibited by the State offer this amendment on my behalf, Earlier this year, the Minerals Man- constitution. and in addition to Senator SHELBY, agement Service did reopen the com- This amendment neither affects ex- Senators DOMENICI, LOTT, NICKLES, ment period for their rule for 30 days. isting tribal-State compacts nor BREAUX, MURKOWSKI, and LANDRIEU. During that period of time, they re- amends the Indian Gaming Regulatory This amendment will continue an ex- ceived extensive comments dealing Act. It does protect States’ rights and isting provision that will prevent the with the many facets of this issue, and ensures that elected State leaders—not Interior Department’s Minerals Man- they have not yet finished reviewing unelected Federal officials—have the agement Service, MMS, from imple- and considering those comments. right to negotiate gaming compacts menting an overreaching and unwise Because they have held workshops based on public sentiment. new oil royalty valuation system. This and various oil industry representa- moratorium was adopted by the Senate I hope that my colleagues will join tives and others interested in this issue Appropriations Committee and con- have been able to meet together, it is Senator ENZI, our cosponsors, and my- tinues the same restrictions that have self in supporting this amendment. going to take time for the agency to di- been passed by the Senate and the gest the input they have. I hope there I thank the Chair. House and signed by the President is a window in which the Minerals The PRESIDING OFFICER. The Sen- three times previously. Management Service will be able to sit ator from Washington. I add that it has been bipartisan, and down and come up with something that the initial moratorium and its subse- is fair and will not put more of our oil Mr. GORTON. Mr. President, as far as quent extensions have been supported industry jobs off the books and into I know, that concludes debate on the by Senators on both sides of the aisle, foreign countries. Graham-Enzi amendment. As far as I and the same is true on the House side. Remember, today we import more know, Members are willing to accept a This will be the fourth time that Con- than 50 percent of the oil needs of our voice vote on the amendment. So un- gress will have to act to stop this ac- country. We are certainly not doing less someone else rises, I suggest the tion by the Minerals Management anything to help our own oil industry President put the question. Service. I regret that, and I wish there keep oil jobs in America, and it is a se- The PRESIDING OFFICER. The did not have to be a first time. But this curity risk to any country that cannot question is on agreeing to amendment moratorium is absolutely necessary in produce 50 percent of its energy needs. No. 1577. order to stop the MMS from overriding I think everything we can do to keep The amendment (No. 1577) was agreed its regulatory authority by imposing a this industry strong is a security issue to. backdoor tax on the production of oil for our country, and it is certainly a from Federal leases. jobs issue. Several Senators addressed the We have heard about judges legis- Unfortunately, extending the mora- Chair. lating from the bench. This is, I think, torium through the next fiscal year is The PRESIDING OFFICER. The Sen- legislating from the cubicle. This new the only way we are going to be able to ator from Texas. rule violates both the language and the get this agency to produce a workable

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10559 rule that stays within the bounds of estimates the proposed rule will gen- have collected in oil royalties. But en- the law. That is what we are trying to erate in new income for the agency. forcement of the law and writing the do. Federal law requires for purposes of law are two separate things. The MMS In fact, I want our oil industry to pay royalty payments the value of oil seems to have forgotten that it is the its fair share of royalties to the people drawn from Federal land is to be as- responsibility of Congress, not the gov- of our country. Our taxpayers deserve sessed at the wellhead; that is, when ernment bureaucrats, to determine that. That is exactly what we are try- the oil is drawn from the ground. The what the royalty is. That is why we ing to do with the MMS. But the MMS MMS, however, continues to try to as- must continue this moratorium until has been very heavy handed, and they sess the value of the oil away from the Congress says this is the right ap- act as if businesses going out of exist- wellhead, after the oil has been trans- proach. ence is preferable to having a fair roy- ported, processed, and marketed, each The new rule imposes upon Federal alty rate in which the industry would of which must occur before the oil can lease producers a duty to market their pay its fair share and we would keep be sold. In effect, the MMS is trying to oil without allowing the cost to be de- jobs in America. get a free ride on these costs rather ducted. Oil does not sell itself. There Several of my colleagues and I than allowing companies to deduct are overhead costs associated with list- strongly urged MMS to sit down with them from the price they ultimately ing the oil for sale, locating buyers, fa- Members of Congress and industry rep- receive for the oil. So you are asking cilitating the sale, and then ensuring resentatives to discuss these issues. It people to pay a tax on their cost of that the oil is delivered to that buyer. did so last year. Some progress was doing business. That does not make Federal law and existing regulations made, and I thought we were coming economic sense. It certainly doesn’t only require that the lessee place the toward a compromise. Unfortunately, pass the fairness question. oil in marketable condition; that is, the Department of the Interior brought There isn’t any question that the ex- that the oil is ready to be sold by re- the progress to an abrupt halt. The isting system of computing Federal oil moving water and other impurities only way we will be able to sit down royalties is overly complex. No one dis- from it. But lessees are allowed, under with the agency is if there is a morato- putes that. Under the current system, current law, to deduct the costs associ- rium until there is a satisfactory reso- oil producers are often unclear as to ated with transporting and marketing lution of this issue by the MMS and the what their royalty payments are sup- the oil. Members of Congress who are inter- posed to be, and even the MMS is often The new rule, as contained in the ested in keeping oil jobs in America. at a loss as to what they are owed. But MMS’ own explanation, states that the In addition, I and other Members of rather than propose a simpler method producers must market the oil for the Congress only recently became aware of ascertaining royalty payments, the mutual benefit of the lessee and the of a situation that, frankly, calls the MMS has proposed an even more com- lessor. This, then, would mean pro- entire rulemaking process into serious plex and protracted litigation over just ducers would no longer be allowed to question. This spring it was revealed what the new rule requires. deduct these costs in order to arrive at that a self-proclaimed government While the proposed rule could bring true wellhead value, as called for by watchdog group called Project on Gov- in increased Federal revenues, the in- Federal law. There is no other way to ernment Oversight, or POGO, gave creased payments could also be eaten slice it. This constitutes a backdoor $350,000 each to two Federal officials: up by the need to hire an army of new royalty rate hike; in effect, a tax in- One at the Department of the Interior Federal auditors to ensure compliance crease on Federal lands producers. and the other at the Department of En- with the complex new system. Further- Secondly, the MMS rule would not ergy, apparently in connection with more, if companies decide not to go allow for the proper deduction of trans- their work on the royalty valuation forward with their drilling because portation costs. Oil producers typically issue. they can’t make any kind of profit, have to bear the cost of transporting This matter is presently under crimi- there will be no revenue to the school- the oil to the buyer, either by pipeline nal investigation at the Department of children in our country because there or truck. Presently, those costs are de- Justice, and it is the subject of an in- will be no oil royalty extracted from termined by using a methodology rec- vestigation by the Department of the those companies. So the new rule is ognized by the Federal Energy Regu- Interior’s inspector general. Until going to be a regulatory thicket that latory Commission, which has regu- these investigations are complete, the really is not going to help the situa- latory authority over interstate oil prudent course would be for the Inte- tion, which is the problem of a too pipelines. So the new MMS rule would rior Department to take a voluntary complex regulation today. actually reject the Federal Govern- action to suspend its plan to finalize Let me also emphasize this amend- ment’s own cost guidelines and impose the new royalty valuation rule. Unfor- ment has nothing to do with the en- a new, untested system for determining tunately, the Department has indi- tirely separate issue of whether or not transportation costs. cated it is not willing to do this. I can’t any particular oil company has paid So it comes down to a simple deci- imagine an agency that has admitted the royalties it owes under the existing sion: Do we want unelected bureau- or at least acknowledged that one of system. crats enacting policy with regard to its employees in this rulemaking proc- I have heard a lot of rhetoric on this our Federal lands, or do we want Con- ess took $350,000 as part of a payment issue. I have heard my colleagues talk gress to establish these policies? There in a lawsuit from this government about the lawsuits and the settlements have been other bills introduced that watchdog organization, and the agency and companies that haven’t paid their would deal with this issue. I hope we is not even willing to say we should fair share. If any oil company has not can come to an agreement. But I don’t call a moratorium on this whole proc- paid its fair share under the existing think we can forget what has happened ess until we get to the bottom of this. regulation, I want it to be prosecuted. to the oil industry over the last 2 That is why, when things such as this I want it to have to pay. That is not an years. In fact, this is coming at a time happen, people don’t trust their Gov- issue in this regulation. The only issue when oil and gas production in our ernment. before us today is what is going to be country is at an all-time low. In March I can’t imagine the Interior Depart- the oil royalty valuation process and is of this year, we saw oil prices in parts ment not volunteering to take this ac- Congress going to have the right to of our country going down to even $7 or tion and sit down with us and make raise taxes or is an unelected bureau- $8 a barrel. sure that this rulemaking process has crat who is not accountable going to While the price of oil has since begun integrity. have that right. to come back up—and today stands at The Interior Department’s proposed Federal land and the mineral re- about $20 a barrel—the impacts of a rule defies the law and the intent of sources within that land belong to us year and a half price crash are rever- Congress. This disregard for the law is all. Proper royalties must be paid for berating throughout the United States. what is at the heart of our objection to the right to extract those resources. Since the price of oil first fell in late the proposed new rule, not the $11 mil- Since 1953, those payments have to- 1997, over 200,000 oil and gas wells have lion the Congressional Budget Office taled over $58 billion. That is what we been shut down. Most of these, of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10560 CONGRESSIONAL RECORD — SENATE September 8, 1999 course, were the low-yield marginal or stock values have fared even worse. try pay an increased tax on their ex- ‘‘stripper’’ wells that will never again The yield on independent refiner penses. That is unheard of in econom- be opened because it is not economi- stocks, down 40 percent. The yield on ics in our country, nor good business cally feasible to do it. exploration and production stocks, sense. It is confiscatory taxation, and In March of this year, crude oil pro- down 63 percent. The yield on drilling we will not stand for our retirees hav- duction in the lower 48 States fell to 4.8 stock, down 64 percent. These stock ing their investments obliterated by million barrels per day, the lowest values reflect huge losses by oil compa- taxes that are unfair. The buck stops level in 50 years. The number of oil rigs nies over the past year and a half. Cor- here. It does not stop on the bureau- in service in the United States fell to porate earnings of the 17 major U.S. pe- crat’s desk; it stops here, because we just over 100 for the last week in July, troleum companies fell 41 percent be- are responsible for keeping the jobs in the lowest number in service since tween the first quarter of 1998 and the this country. We are responsible for records have ever been kept. first quarter of 1999. Fourth quarter fair taxation policy. We are responsible During this time, foreign oil imports losses for 1998 and the first quarter of for the schoolchildren of our country. rose steadily and now account for 57 1999 were some of the largest witnessed And the way to keep these companies percent of consumption, well above the in industry history. Some companies paying their fair share, creating the 36 percent import level we saw during have lost over $1 billion during each of jobs, and creating safe retirement sys- the 1974 oil embargo that nearly shut these quarters. tems for the people of our country is to down the American economy. So we are not just talking about the keep the moratorium on and force the The oil crisis has also had a dev- loss of revenue to our schoolchildren. Department of the Interior to do the astating impact on American jobs. We are not just talking about the sta- will of Congress, which is what it is Since November 1997, we have lost over bility of the retirement pension plans supposed to do. If we don’t stand up for 67,000 jobs just in the exploration and of millions of Americans. We are talk- our responsibility, who will? Who will production sectors of this industry, ing about flat bad policy. We are talk- stand up for Congress’ responsibility if which represents 20 percent of the total ing about cutting off an industry that the Senate doesn’t? number of jobs in this field. In January is essential to our security, essential to I urge the adoption of the amend- 1999 alone, 11,500 oil and gas jobs were the retirement security of individuals ment which has been adopted three lost. If one looks back to 1981, the num- in this country, essential to job secu- times before, and which I hope will be bers are even more alarming: Over half rity for thousands of workers; and we adopted again, so that we will keep the a million good-paying American jobs are talking about blithely saying let oil jobs in our country, so that we will have been lost in the oil and gas indus- the bureaucrats who aren’t account- keep the retirement security of the try. able increase the taxes without con- mutual funds that depend on oil com- There are those who would say this is gressional responsibility. panies being stable, so that we will going to hurt our schoolchildren, that Congress didn’t say that last year, keep the schoolchildren of our country they are not going to get the revenues they didn’t say it the year before, and having the ability to get revenue that from our public lands. This is very im- they didn’t say it the year before that. is fair, and to make the oil industry portant in my home State. There are They said: No, you will be accountable pay its fair share. That is what this dozens of school districts that rely because we do care about the school- amendment does. heavily on oil production; property children of this country, we do care I yield the floor. taxes fall with the price of oil. State- about the people living on retirement The PRESIDING OFFICER (Mr. wide school districts will collect an es- incomes in this country, and we do HAGEL). The Senator from New Mexico. timated $154 million less in revenues care about those who have mutual Mr. DOMENICI. Mr. President, I this year than last. That is $154 million funds that include oil industry stocks; know there are Senators who are wait- worth of teachers’ salaries, books, com- we want them to be stable, we want ing to speak on other measures. I am puters, you name it. That is what we them to pay their fair share, and we be- only going to speak for 2 minutes. are talking about in Texas when we lieve their fair share includes not pay- I congratulate Senator HUTCHISON on talk about the impact of oil on edu- ing taxes on their expenses. It is eco- the argument she offered today. She in- cation. nomics 101. dicated that the last three times we So if we are going to hit the oil busi- So I am asking my colleagues, for the have done this, I have either been the ness again, what is it going to do to the fourth straight time, to come forward sponsor and she the cosponsor, or vice schoolchildren of our country? Is it and vote to keep this moratorium so versa. going to take another $154 million hit Congress can exercise its full responsi- I am here today to again indicate in my State? Do you know that they bility, so that we will not put people that whoever follows us and talks had to let teachers off in midyear in out of business because the margins are about the fact that we ought to stick many counties in Texas because they so low and because they have been hit big oil, or we ought to make sure there didn’t have the money because of oil so hard over the last year and a half. are no longer any slick deals, as I see companies going out of business and We are joined by many groups who some of these comments that are going having no income whatsoever? So when care about the economic viability of to be made here on the floor, let me my colleagues say the schoolchildren our country: Frontiers of Freedom, the suggest that if you are taxing anything are going to lose $60 million, perhaps, National Taxpayers Union, Americans in the United States and you are doing in California alone, I point my col- for Tax Reform, Citizens Against Gov- it wrongly or unfairly or without jus- leagues’ attention to the fact that we ernment Waste, Citizens for a Sound tification under the law, then it have lost $154 million this year in Economy, the Alliance for America, doesn’t matter whether somebody is Texas, and we are cutting teachers off People for the USA, Sixty-Plus, the going to lose money if in fact Congress in midyear and shutting down schools Blue Ribbon Coalition, the American says you have to stop doing that. because our oil industry is on its Land Rights Association, the Competi- That is what we have here. We are knees. tive Enterprise Institute, the National going to have Senators argue that During 1998, while the average yield Center for Public Policy Research, Rio there are certain oil companies that for stocks in the Dow Jones Industrial Grande Valley Partnership. are not going to have to pay. There Average was a positive 18 percent, the The moratorium that I am proposing have been settlements where they have yield for oil and gas stocks was a nega- to extend will force the Department to paid. But the truth of the matter is, tive 36 percent. So what does that do to take the time to craft a rule that the intention of this law is, if you are the elderly investor, or the person who works and accurately reflects the will going to change it materially, Congress is investing in mutual funds? What of Congress—a rule that will be fair to is supposed to be involved. does that do to an industry that is very the schoolchildren of our country, a We have tried to get involved. In important for the retirement security rule that will be fair to the taxpayers fact, for 6 months we have mutually at- of millions of our citizens? of our country, a rule that will make tended hearings with the MMS and the For companies inclined toward explo- the oil industry pay its fair share, but oil producers and talked about what ration and production, earnings and a rule that will not make the oil indus- was wrong with these regulations and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10561 rules. Everybody on both sides was say- Mrs. HUTCHISON. Mr. President, if I Section 329, which my amendment ing, let’s fix them; let’s modify them; may say so, I appreciate that this is would strike, would relieve the Forest let’s change them. Frankly, I think the the Hutchison-Domenici amendment. Service from the obligation to develop oil people who were at those meetings Sometimes it is Domenici-Hutchison any new data. And we cannot have who have talked with us and have gone because we both have worked so hard good decisions without good science to hearings in the Energy Committee on this issue over the last 3 years. I ap- and good data. are more than willing to listen to real- preciate the leadership of my colleague After decades of managing our for- istic, reasonable changes. from New Mexico who feels the loss of ests primarily for the production of But essentially what has happened is, oil jobs just as my State of Texas does. logs, we are now managing forests for a the MMS decided to change the rule It is a team effort. variety of uses. But we cannot do that which historically based royalties on Thank you, Mr. President. without baseline data on threatened prices at the wellhead. They decided The PRESIDING OFFICER. The Sen- and endangered species. they would go downstream from that ator from Virginia. We are changing the way we manage wellhead, and they invented a new con- Mr. ROBB. Mr. President, I ask unan- forests and the way we look at forest cept called ‘‘duty to market.’’ They de- imous consent to lay aside the pending uses. Preserving habitat and providing cided that they are going to decide amendment. recreation also have become increas- what expenses are allowed in moving The PRESIDING OFFICER. Is there ingly important. that gas downstream to where the mar- objection? These changes are not easy. Pro- keting occurs. They are deciding what Without objection, it is so ordered. ponents of this section, that my the values are at that point. And we Mr. ROBB. Thank you, Mr. President. amendment would strike, fear that the could go through a litany of situations AMENDMENT NO. 1583 requirements that we make sound deci- where the oil industry believes the de- (Purpose: To strike Section 329 from a bill sions based on sound science and good cisions are not fair, not market ori- making appropriations for the Department data will lead to less logging. This is ented, or not consistent with business of Interior and related agencies for the fis- simply not true. Managing forests for practices. Frankly, I think some—be- cal year ending September 30, 2000) their various uses, which include har- cause it is oil, or big oil—think it just Mr. ROBB. Mr. President, I call up an vesting timber, requires an under- doesn’t matter, stick them. amendment that has been filed at the standing of the entire system, includ- Frankly, as I indicated before, we desk on behalf of myself and Senators ing the plants, animals, even the pests want to stand here and say: Why don’t BINGAMAN, BOXER, CLELAND, CHAFEE, that sometimes inhibit or damage you get serious about fixing those reg- and TORRICELLI. growth. ulations? And we will get off your The PRESIDING OFFICER. The To improve forest management, in back. clerk will report. December of 1997 the Chief of the For- That is what is going to happen. The legislative assistant read as fol- est Service appointed an independent Until they do it realistically and we lows: committee of scientists to advise him get some word that they have been fair The Senator from Virginia (Mr. ROBB), for on ways to bring better science into and reasonable in the way they are set- himself, Mr. BINGAMAN, Mrs. BOXER, Mr. forest planning. The panel’s findings ting these royalty costs and prices that CLELAND, Mr. CHAFEE, and Mr. TORRICELLI, strongly recommended the use of sci- yield dollars in taxes to the oil indus- proposes an amendment numbered 1583. entific evidence in managing forests. try, until we find out there are some Beginning on page 116, strike line 8 and all The panel repeatedly advised that mon- changes made, we are going to be here that follows through line 21. itoring is critical to sustaining forest on the floor saying this is a new add-on Mr. ROBB. Mr. President, I did not health. tax to an industry that maybe 15 years ask that the reading of the amendment In the cases that section 329 seeks to ago we could talk about as if what you be dispensed with because it was so overturn, the courts simply require the taxed them didn’t matter. But we know short and to the point. Federal Government to undertake the that we have a falling production mar- The amendment simply strikes sec- monitoring that their own forest plans ket in the United States. It is more and tion 329 from the Interior appropria- and rules require. Supporters of section more difficult to produce these prod- tions bill we are now considering. Sec- 329 argue that the courts in these two ucts. It is more and more expensive and tion 329 is a rider that is intended to cases have deviated from rulings by cheaper overseas. Some of us don’t overturn recent decisions handed down other courts where challenged timber want to see the American industry by the Eleventh Circuit Court of Ap- sales were allowed to proceed. In other taxed any more than is absolutely rea- peals and the Federal District Court in cases—and here is the important dif- sonable and fair. Washington State dealing with na- ference—the courts had enough data to These regulations are not right. They tional forests. rule in favor of the Forest Service. are not fair; they are not based on mar- These courts were asked to examine There was evidence to show that while ketplace concepts, or we wouldn’t be the activities of the Forest Service and the data gathered may not have been here. BLM to determine whether, in allowing exhaustive, at least it was adequate. I know some are going to want to de- certain timber sales from public lands, In the most recent cases that section bate this for a very long time. Maybe they complied with their own regula- 329 seeks to overturn, the courts, after we will even have to ask for the debate tions and resource management plans noting deference to the Forest Service, to be closed. But we are not going to that were developed under the National recognized the job simply had not been give up very easily. Forest Management Act. The courts done adequately or at all. The courts We ask Senators who pay close atten- found that they did not comply and didn’t rule that each and every species tion. It is not a matter of what we disallowed the sales until they did. had to be monitored. They simply said could get out of this industry or what The forest plans guide the Federal to the Federal Government: You have somebody alleges they would have paid decision-making, so that one activity to follow your own rules. You have to in the settlement. It is a question of in the national forests such as logging gather the data in which a sound deci- whether the new rules and regulations does not occur in detriment to other sion can be based. are right and consistent with fair mar- uses. These plans apply only to na- For example, the Eleventh Circuit ket concepts or not. As you figure the tional forest land—Federal land—not decision delayed seven timber sales in royalty, are you inventing costs and private land. This is land held in trust the southern Appalachian forest in prices and disallowing deductions and for all people and all uses, and the For- Georgia until the Forest Service com- the like that have no relationship to est Service and BLM are charged with pleted an evaluation of the impact the reality? We think that is what these ensuring that decisions involving these sales would have on the forest environ- are. public treasures are made wisely. ment. We would be happy to come back We in Congress continually insist The purpose of the information gath- again and debate. I will be glad to be that Federal regulators operate using ering is to ensure that the Forest Serv- here. But for now I yield the floor. I good science. But there is no good ice makes an informed decision before thank Senator HUTCHISON. science without good data. it allows the removal of expanses of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10562 CONGRESSIONAL RECORD — SENATE September 8, 1999 timber that could be crucial to survival overturn agency actions which do not scru- plan and have developed guidance to of endangered or threatened species or pulously follow the regulations and proce- help meet the court’s directives. In the that could affect overall forest health. dures promulgated by the agency itself. Northwest, they are completing a sup- In a similar action, a Federal judge I suggest to our colleagues who sup- plemental environmental impact state- in Washington State has delayed over port section 329 that we should not as ment that will respond to the court’s 25 timber sales until the Forest Service a result of one court decision turn our concerns. completes the survey work required by backs on the necessity of developing Incidentally, the SEIS was in process the Northwest Forest Plan. good information on plant and animal before the court ruled because the For- In the case involving the southern populations in our national forests. est Service had already recognized that Appalachian forest, the Forest Service This data is the basis of the good the plan needed adjusting, and the plan failed to develop the required baseline science we keep talking about. It will has mechanisms in it to accommodate data on a number of species in both the add to our knowledge. In fact, most change. endangered and the threatened cat- forest districts already have a substan- The Forest Service does not believe egory and in a category known as ‘‘in- tial amount of data and continue to de- this rider is necessary in order to ap- dicator’’ species. For example, the For- velop more. The majority of sales are prove timber sales. In fact, they believe est Service had no population inven- moving forward under the existing it will interfere with timber sales. I want to emphasize an additional tory information at all for 32 of 37 spe- rules and plans. It would be a mistake problem with section 329. It does not cies in one category. The court of ap- to let delays in a few timber sales ne- just apply to timber sales. Again, ac- peals ruled that in proffering the tracts gate all of the important work that is cording to the Secretaries of Agri- now being done. Section 329 effectively of timber for sale, the Forest Service culture and the Interior: failed to comply with its own regula- stops data gathering for the coming fis- The provision which applies for one year tions. The court didn’t just determine cal year. would apply to all of the nearly 450 million that the data was inadequate; the In addition, section 329 establishes a acres of land managed by the two agencies court determined that the data was new standard to be applied by the For- and would apply to all management activi- nonexistent. est Service and the Bureau of Land ties undertaken by the bureaus, not just tim- Under most forest plans, the Forest Management for determining when to ber sales. Service develops lists of indicator spe- approve timber sales. However, accord- We should not be putting a rider on cies to provide a basis for monitoring. ing to the agencies that are required to an appropriations bill to lower the These lists have species such as deer, implement the change, rather than standard for government agencies in bear, bass, and trout. These species are speed timber sales up, it would slow the hope that it might pass unnoticed. representative of all the other species them down. To understand the effect of One of the reasons people get cynical in the forest. The list is short and it is this change, we ought to hear from about their government is that it does designed to be easy to monitor. those who will be responsible for imple- not always do what it says it will do. In In the Eleventh Circuit case, the For- menting the change. this case, we would lower the bar for est Service developed such a list but In a statement issued jointly by the agencies that do not want the bar low- then failed to gather any information Secretaries of Agriculture and Interior ered. The Forest Service believes that on most of the species on the list. In they say: it can do the job right. We would do a the Northwest, the court found that [I]f this rider were adopted, tens of thou- disservice to this body and to the peo- the Forest Service sidestepped similar sands of individual management activities ple who expect us to protect our na- requirements of the forest plan. and planning efforts would be subject to a tional treasure by not demanding that The Northwest Forest Plan is the new legal standard. Federal agencies make informed deci- legal and scientific framework that al- This would have the unintended effect of sions with adequate data. lows timber sales to go forward in the increasing project costs and increasing What section 329 proposes to do is delays in order to conduct time-consuming old growth forests of the Northwest. As lower the standard the first time that reviews of administrative records to docu- agency fails to meet it. I believe this is our colleagues will recall, lawsuits in ment compliance with the new standard. the early 1990s brought logging in that the wrong approach. I believe we Increased litigation and delay could also should strike section 329 from this ap- region to a complete halt. The North- be expected as plaintiffs seek to define the propriations bill and that the Federal west Forest Plan, which was the result new standard in court. Government should comply with the of lengthy and often painful negotia- In an effort to free up a limited number of laws we have passed and the rules it tions, allowed timber sales to go for- timber sales in Georgia and the Pacific has established and the plans it has ward, provided that there was an ade- Northwest, the Senate would unnecessarily override the Federal Court ruling, agency adopted. quate basis to make an informed deci- regulations, and resource management plans Mr. President, I yield the floor. sion. The agreement provides the best requiring the Forest Service and Bureau of The PRESIDING OFFICER. The Sen- hope of sustained yield and multiple Land Management to obtain and use current ator from California. use. This latest ruling by the Western and appropriate information for wildlife and AMENDMENT NO. 1603 District Court of Washington is a re- other resources before conducting planning Mrs. BOXER. Mr. President, I thank minder that the agreement is the oper- and management activities. the Senator from Virginia for his very Moreover, the bill language applies not ating plan for the forests, and that important comments. I rise in very guidance memorandum cannot exempt just to timber sales decisions and required surveys in the forests of the Southeast and strong opposition to the Hutchison the Forest Service from its duty. This Pacific Northwest, but to all activities for amendment that was laid aside and ruling will delay timber sales but only which authorization is required on all lands about which, as I understand it, prob- until the Forest Service completes the managed by the Bureau of Land Management ably we will have to vote on a cloture work laid out in the plan. and the Forest Service. motion. I await the word of the chair- Of the 80 surveys in question, all but As such, it could result in far-reaching, un- man on that. 13 have protocols developed that will intended negative consequences. I want to tell my colleagues that this allow survey work to move forward. In short, the Secretaries who would is a very serious matter. I hope they These decisions are not a result of be required to implement the new will listen very carefully as to why the overstepping by the courts. They are a standard write that: arguments against the Hutchison result of the courts examining the Section 329 is unnecessary, confusing, dif- amendment are so important. I am rules the Forest Service laid out for ficult to interpret, and wasteful. going to say some very strong things itself and merely requiring the Forest If enacted, it will likely result in costly on the floor. But everything I say will Service to operate by the rules it delays, conflicts, and lawsuits with no clear be backed up by fact, backed up by adopted. benefit to the public or the health of public quotes, backed up by court cases, Let me quote from the Eleventh Cir- lands. backed up by recent history on oil roy- cuit decision: The Forest Service, which is charged alty payments. While the Forest Service’s interpretation with implementing the court’s ruling, What the Hutchison amendment will of its Forest Plan should receive great def- is acting. In the southern Appalachian do for the fourth time is to stop Amer- erence from reviewing courts, courts must forests, they are modifying the forest ican taxpayers from receiving the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10563 amount of oil royalties they are owed say that is ‘‘a modest investment in problems so nobody will have to sue by the oil companies. Let me repeat protecting the royalty-pricing arrange- anymore. There will be a fair payment. that. The Hutchison amendment will ment which has enabled the industry So one reason we know they are cheat- stop the American taxpayers from re- to pocket an extra $2 billion.’’ ing us is they are settling these cases ceiving the fair share of oil royalties This is a very bad situation. If you all over the country. that they deserve. If it does pass, and I vote for the Hutchison amendment, There is another reason we know. hope it does not, it will sanction that. you are aligning yourselves with a This one is very direct and this one is It will say to the oil companies: It’s planned effort to defraud taxpayers. I new. I urge my colleagues at their peril OK, you continue, big oil companies, do not know how many of my friends to pay attention to this matter, please: underpaying your oil royalties. We want to go home and face their con- A retired Atlantic Richfield employee has know they have a plan to underpay. We stituents and make that argument. admitted in court that while he was Sec- know that. We have heard it from peo- This is what USA Today continues say- retary of ARCO’s crude pricing committee, ing: the major’s posted prices were far below fair ple who have blown the whistle on the market value. oil companies. That’s millions of dollars missing in action He goes on to say—Anderson is his If we go with the Hutchison amend- from the battle to reduce the Federal deficit name: ment, our fingerprints are on this de- and from accounts for land and water con- frauding of the taxpayers. This is very servation, historic preservation, and several He admitted he was not being fully truth- ful 5 years ago when he testified in a deposi- serious business. I ask my colleagues Native American tribes. In addition, public schools in 24 States have been shortchanged: tion that ARCO’s posted prices represented to pay attention, because when this States use their share of Federal royalties fair market value. He said: ‘‘I was an ARCO issue was last before us, we did not for education funding. employee. Some of the issues being discussed were still being litigated. My plan was to get have a whistleblower who worked for They conclude by saying: the oil companies in court, saying that to retirement. We had seen numerous occa- . . . the taxpayers have been getting the sions, the nail that stood up getting beat the oil companies, in essence, de- unfair end of this deal for far too long. frauded the taxpayers and they planned down.’’ Said Anderson, ‘‘The senior execu- tives of ARCO had the judgment that they to do so. We have that information. I We have a chance to stand up for the consumer, for the taxpayers, against would take the money, accrue for the day of will lay it before the Senate. judgment, and that’s what we did.’’ What is an oil royalty payment? cheaters, against people who would knowingly defraud taxpayers, if we do Here is a retired former employee of Right here you see what a royalty pay- one of the oil companies that has been ment is. The oil companies sign an not support the Hutchison amendment, if we oppose it. ripping off the taxpayers admitting it agreement with the Federal Govern- in a court of law—he could go to jail if We heard the Senator from Texas ment that when they drill on Federal he lies—swearing on a Bible, an oil say: Oh, my God, things are terrible for lands in any State of the Union, be it company man, that they sat around oil. We are suffering in the oil indus- onshore or offshore, they must pay a and agreed to understate the value so try. fair percentage, 12.5 percent, of the they could get away with it and wait value of that oil over to the Federal What she does not tell you is some- thing very important: 95 percent of the for the day of judgment. Talk about a Government. It is like paying rent. It smoking gun, here it is. This is new in- is not a tax; it is a royalty payment. oil companies are not affected by the rule the Interior Department wants to formation, and yet Senator HUTCHISON If you do not own the place in which is asking you to stand with those peo- you live, you pay rent. Imagine if you put into place which will fix this prob- lem. The Hutchison amendment stops ple, one of whom admitted they actu- decided on a daily basis what that rent ally had a plan to defraud the tax- ought to be. No, no, no—you would go them in their tracks and prohibits them from fixing this perpetual under- payers. to jail or you would be evicted because This is a very serious issue. It is not payment of royalties. That is what the you have signed a contract to pay a politics. It involves a plan to under- Hutchison amendment does. certain amount of rent. The oil compa- state the market price. It is wrong. nies have signed a contract to pay a She says big oil and oil across the Mr. DURBIN. Will the Senator from certain amount of rent based on the oil board is hurting. Ninety-five percent of California yield for a question? they extract from Federal lands. Here the oil companies are not affected. Mrs. BOXER. I will be happy to yield. it is. It ‘‘shall never be less than the They are decent. They are paying their Mr. DURBIN. I want to ask my col- fair market value of the production.’’ fair share of royalties. It is the 5 per- league, the Senator from California, if Keep that in mind, ‘‘fair market value cent that are doing this slick thing she will clarify several things so those of the production.’’ They have to base that are, instead of paying their roy- following the debate understand the their royalty payment on the fair mar- alty based on a market price, they are parameters of this issue. In every in- ket value of the oil. paying it based on a posted price which stance here are we talking about pri- Senator DOMENICI was on the floor they post. They decide what the price vate oil companies drilling for oil on and he said beware of colleagues who is, and we know they are cheating us. public lands? start talking about Congress’ slick deal How do we know that? That is a tough Mrs. BOXER. That is correct, I say to with the oil companies. He said beware. thing for a Senator to say, but I want my friend. These are private oil compa- I am not saying it; USA Today said to prove it to you. nies that have signed an agreement it. USA Today said it is ‘‘time to clean First of all, we know this for sure: with the Federal Government to pay up Big Oil’s slick deal with Congress.’’ Seven States have already won battles the royalty payment based on the fair They say, in their view, ‘‘industry’s ef- in court against oil companies. The market value when they drill on land fort to avoid paying full fees hurts tax- seven States have said that the oil that is owned by the people of the payers [and] others.’’ companies are underpaying their roy- United States of America. Here is what USA Today says on the alty payments to the Federal Govern- Mr. DURBIN. I further ask the Sen- subject in this article. They knew the ment and the States’ share of those ator from California, it has been my Hutchison amendment was coming and royalty payments, therefore, are lower. experience in Illinois that coal mining this is what they said. The oil companies have settled with companies and oil exploration compa- these States. Imagine being able to compute your own nies will go out and buy private land, rent payments and grocery bills, giving If they were doing the right thing, do at least an easement or right to drill yourself a 3 percent to 10 percent discount you think they would be settling for $5 on private land, and pay compensation off the marketplace. Over time, that would billion so far? I doubt it. If they were to the landowner for that purpose. But add up to really big bucks. And imagine hav- so innocent, do you think they would in this situation, we are dealing with ing the political clout to make sure nothing be shelling out—‘‘shelling’’ is a good land owned by the people of Amer- threatened to change that cozy arrangement. word—$5 billion to seven States? By ica—— They go on to say the fact that ‘‘big the way, the Federal Government is Mrs. BOXER. Correct. oil has contributed more than $35 mil- suing as well. We do not want to have Mr. DURBIN. That these companies lion to national political committees to keep these battles in court. The In- are using to make a profit; is that cor- and congressional candidates.’’ They terior Department wants to fix these rect?

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10564 CONGRESSIONAL RECORD — SENATE September 8, 1999 Mrs. BOXER. That is absolutely cor- unless we can stop this. The Interior RECORD that the Congressional Budget rect. Department is with us 100 percent. Office has estimated it would be $11 Mr. DURBIN. And their payment to Mr. DURBIN. If the Hutchison million. That would be the cost to the the taxpayers for the use of our land, amendment prevails and is not de- taxpayers; that is, if the oil companies the land owned by the taxpayers across feated—— continue to drill. So she may—— America, is this royalty; is it not? Mrs. HUTCHISON. Mr. President, I Mrs. BOXER. Mr. President, may we Mrs. BOXER. That is correct. wonder if the Senator will yield on have regular order. Mr. DURBIN. Can the Senator from that point because I think there has The PRESIDING OFFICER. The Sen- California explain the impact, then, of been an error in the amount that we ator from California. the Hutchison amendment, how this are talking about. Mrs. BOXER. I don’t ever remember will affect the royalty that is paid by Mr. DURBIN. If I can say to my col- having one Senator object to another the oil companies that want to drill for league, the Senator from Texas, I was Senator putting a document in the oil and make a profit from that oil off only asking a question of the Senator RECORD. I am kind of shocked at that. land owned by taxpayers? from California who I believe has the I ask, again, unanimous consent to Mrs. BOXER. What the Hutchison floor. have printed in the RECORD the two amendment does is it puts off for the Mrs. BOXER. And I will address Federal agencies versus the one that fourth time any move by the Interior this—— back us up on our documentation. I ask Department to fix the problem we are The PRESIDING OFFICER. The Sen- unanimous consent that I be allowed to facing with this underpayment of the ator from California has the floor. have those printed in the RECORD at royalties that are due the taxpayers. Mrs. BOXER. I have a letter that the conclusion of my remarks. The Interior Department has held a backs up those numbers which I will The PRESIDING OFFICER. Is there series of 17 meetings across the coun- put in the RECORD. I will continue to objection? try. They have met with the oil compa- yield for a question. Mrs. HUTCHISON. I will not object, nies, they have met with Members of Mr. DURBIN. The point I am getting as long as the RECORD also shows the Congress, they have done everything, to is, if the Hutchison amendment is CBO has said $11 million and that as- and they are ready to finalize a rule. adopted, then basically we are giving a sumes people are not going to go out of Every time they are ready to promul- discount to these oil companies from business. gate a rule to fix this problem, up the amount they owe taxpayers for Mrs. BOXER. Mr. President, I have comes one of the Senators from the oil drilling oil out of public lands and sell- no objection to the Senator entering States who says: Oh, wait, wait, wait, ing it at a profit; is that the net impact into the RECORD anything she wants, it is too complicated; it isn’t a good of this amendment? but I can say very clearly that we idea. Mrs. BOXER. That is correct. know what this is costing. It isn’t a good idea from the oil com- Mr. DURBIN. I know we are in an era panies’ perspective because as we just of surpluses where we are trying to fig- The Senator herself admits it is $11 heard this one whistleblower say, they ure out ways to give away money, but million taken out of taxpayer pockets. want to put off the day of judgment I ask the Senator from California why We believe it is $66 million. and use this float to make more and would we decide to give money to oil I continue to yield to my friend. more money. But my friend is right in companies at this point? Why adopt an Mr. DURBIN. Mr. President, it is my his questions. amendment that would give them addi- understanding that these payments, Mr. DURBIN. I say to the Senator tional profits for drilling oil on lands these royalties come through the Fed- from California, let’s consider two pos- owned by the taxpayers, the people of eral Government and back to many of sibilities. If the royalty is based on the America? the States. Is my understanding cor- price of oil, there is a possibility that Mrs. BOXER. Mr. President, I think rect? the royalty payments might go down if this is a special interest rider. I have to Mrs. BOXER. Absolutely. In other it is recalculated; there is a possibility say that, with all due respect. By the words, if there is oil being drilled in that it might stay the same, or it way, it doesn’t give money to all the Texas, it is on Federal lands, but the might go up. oil companies. It only gives it to the Federal lands are within Texas. Texas But I take it from this amendment top 5 percent, the ones that are gets 50 percent of the royalty payment. that the oil companies that are push- vertically integrated. Ninety-five per- I know in California, it is 50 percent if ing this amendment are so certain that cent of the oil companies are not af- it is onshore and about 25 percent if it their payments to the Federal Govern- fected, and they are paying the fair is offshore. In many of the States, in- ment are going to go up that they want market value. They are paying the roy- cluding California, these funds go di- to stop the Federal Government from alty based on the fair market value. rectly into the classroom and to the recalculating the royalties. I ask unanimous consent, before schools. The net impact of this, and the Sen- yielding to the Senator for more ques- Mr. DURBIN. So in some of the ator from California can correct me, is tions, to have printed in the RECORD a States, for example, Texas and Cali- that the oil companies are being pro- letter from the Secretary of the Inte- fornia, if the Hutchison amendment tected from paying their fair share of rior, which was based on the original passes, there will be fewer dollars from rent or royalties for using public lands, Hutchison amendment, which address- these royalty payments coming back and the taxpayers, because of this es the question of the dollars lost. It is to the States of the two Senators en- amendment, are the losers. We are the very clear what will be lost. In her ad- gaged in this debate. ones who do not get the royalties back ditional amendment of 21 months, they Mrs. BOXER. That is correct, and from those who want to drill all the oil calculate it at $120 million, and we are into the classrooms. out of land that we own and not pay just paring it back to the 1-year num- Mr. DURBIN. I ask the Senator, it is the taxpayers of this country for the ber. We also have a letter from the Of- my understanding from her previous right to do so. fice of Management and Budget which statement that many of the States Mrs. BOXER. I say to my friend, I clearly states that the rider, as it is be- have sued the oil companies saying: can put it in specific dollars. Already fore us now, will cost taxpayers about You didn’t pay enough. You owed us the Hutchison amendment, since she $60 million. more in royalties. You underpaid the first offered it and our colleagues I ask unanimous consent to have amount you were required to pay for backed her on it, has lost taxpayers $88 those two documents printed in the drilling for oil on federally owned pub- million, and if she succeeds in this, al- RECORD when I complete my remarks. lic lands for profit. though Senator HUTCHISON has pared it The PRESIDING OFFICER. Is there Mrs. BOXER. My friend is correct. To back to a year, another delay of a year, objection? be very specific, I will tell the Senator, it is another $66 million. That is a lot Mrs. HUTCHISON. Mr. President, I the oil companies that are being so de- of millions of dollars. Taxpayers al- object. I do want the Senator to be able fended here have agreed in court to pay ready have lost $88 million, and they to enter her documents in the RECORD, up not $1 billion, not $2 billion, but $5 are about to lose another $66 million but I want to also have entered in the billion to these States; in essence,

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10565 agreeing that they undervalued. Alas- industry newsletter. In fact, my col- in a court of law, and we know it be- ka got $3.7 billion, for example; Cali- league is right, they talk about a court cause they have been settling these fornia, $345 million. By the way, pri- case in which a retired Atlantic Rich- cases all over the country. My friend vate owners are also complaining, and field employee admitted in court—— should feel very comfortable when he they have resolved some of the disputes Mr. DURBIN. Under oath. opposes the Hutchison amendment case for $194 million. Mrs. BOXER. Under oath, penalty of that he is impacting only 5 percent. Mr. DURBIN. I ask the Senator from perjury, that while he was secretary of (Mr. SMITH of Oregon assumed the California, as a followup question, so I ARCO’s crude pricing committee, the Chair.) understand it completely, these private major’s posted prices were far below Mr. DURBIN. Will the Senator yield oil companies go on to public lands, the market value. for a question? drill for oil which they sell for a profit. Mr. DURBIN. So this gentleman, no Mrs. BOXER. Yes. They are charged a royalty based on longer employed, conceded the point Mr. DURBIN. Is the Senator aware of the price of the oil. The impact of this which you have been making during the fact that the Los Angeles Times, amendment by the Senator from Texas the course of this debate, that these oil on July 20 of this year, in analyzing would be to say to the Department of companies are really cheating the Fed- this debate, concluded by saying, ‘‘not the Interior: You cannot recalculate eral Government, the taxpayers of this since the Teapot Dome scandal of the the royalty to raise it. So we are pro- country, because they are using our 1920s has the stench of oil money tecting these oil companies from an in- public lands and not paying a fair roy- reeked as strongly in Washington as it crease in what they are going to pay alty payment for the oil they are ex- is in this case’’? taxpayers for drilling on public land, tracting and selling at a profit. I ask the Senator from California, which means more money in their Mrs. BOXER. That is absolutely isn’t it odd that on an appropriations pocket. The losers are not only Federal right. They are basing their royalty bill we are considering a string of rid- taxpayers but States such as Texas and payment on a price that is not reflec- ers that are of such import and con- California and their taxpayers who lose tive of the fair market value. It is a troversy, putting them on a spending the benefits of the money that might price they made up. It is as if one day bill instead of having a hearing so the come back to them from these royal- you woke up and let’s say you paid oil companies could come in and try to ties? rent, which my friend probably does defend, if they would like to, so the De- Mrs. BOXER. My colleague is right. here in Washington, DC, and you just partment of the Interior can come in But it is even worse than that because decided one day that the fair market and basically explain why they think a royalty payment is a contract. The value of the rent was lower than your taxpayers across America are ripped off oil companies have signed a contract. lease. by this amendment? It seems to me to It says very clearly ‘‘fair market Mr. DURBIN. My landlord wouldn’t be an odd state of affairs that we have value.’’ It is not that the Interior De- allow that. seven, eight, or nine different riders on partment wants to increase the per- Mrs. BOXER. He would not allow this bill which really go to important, cent, for example, that is paid; they that. He would probably evict you. Yet substantive issues that have not been just want to make sure the contract is what do we have here in this Senate. addressed by this Congress during the carried out. We have Senators standing up course of this year. Does the Senator It says: The value of production for condoning this kind of behavior. agree with me that this is an excep- purposes of computing royalty on pro- Mr. DURBIN. I ask the Senator from tional procedural issue to be taking up duction from this lease ‘‘shall never be California, in my home State of Illi- on a spending bill? less than the fair market value of the nois, there are many small oil pro- Mrs. BOXER. Well, I think it is not production.’’ So all they are trying to ducers that are going through very dif- appropriate. I hope the Senator from do is correct a serious problem. And we ficult times. Some of them may not Texas will not proceed with this. She know, because I can show my colleague survive. There has been an argument knows if she does—and we are very another chart on posted prices versus made that we have to give this break, open about this—we are going to be on the market prices of ARCO, I will show in the Hutchison amendment, to these our feet a long time. So we are going to him what has happened. Right now the oil companies to help these small pro- have a cloture vote to see where this oil companies, these 5 percent of them ducers and help the oil industry. all comes out. I want to say this to my that are cheating us, they base their If I vote against the Hutchison friend and then I will yield to my royalty payment on what they call amendment and go home to Illinois and friend from Idaho. posted prices. They create the price. If face these small oil companies that are Mr. CRAIG. I just have a question on we could show this to the Senator, look trying to survive in difficult times, procedure, not on the substance, if the at the difference between the market will they be saying to me: You have Senator would not mind yielding. price and the posted price. This is one just cut off the flow of money to us? Mrs. BOXER. I do mind yielding at oil company, but I could show my What companies are affected by this this point. I don’t want to lose my friend, every single one of these oil Hutchison amendment? train of thought. companies, by some kind of magic ac- Mrs. BOXER. First, let me say there My friend is so right in his under- tion, they have the same spread. And if are 777 companies that are not im- standing of what this means. This is an you heard what the ARCO executive pacted at all by this Interior rule, but example of legislating on an appropria- said, the former executive, they did there are 44 companies that are im- tions bill. This Hutchison amendment this on purpose. They made the posted pacted. Let me say to my colleague, I was put into the committee and prices below the market price. voted to help the small oil companies. stripped out because of the way it was Mr. DURBIN. I only have three ques- I was proud to support the Domenici put into the committee. It was stripped tions, and I will stop. amendment. We took it up recently out. It has been defined and technically Mrs. BOXER. I appreciate my col- when we helped the steel companies. If changed, and now it is being offered. league asking as many questions as he we want to help the oil companies be- But it is still the same thing. You wants. cause they are having tough times, I know, you can put a dress on a hippo- Mr. DURBIN. The Senator made ref- will be right there. If there are reasons potamus and it still looks like a hippo- erence to a Wall Street Journal article to help smaller companies, I am right potamus. That is what this is. This is a where a former official from ARCO there. And I have always been right very ugly amendment. said—was this under oath or was it just there. I want to mention one thing in an- a public statement in terms of their ef- But it seems to me we can’t stand on swering the question. I was very forts to try to reduce the royalty pay- the floor of the Senate and help the pleased that my friend read the Los ments to the Federal Government for largest oil companies—most of these Angeles Times editorial. It is a news- this private company to drill oil on are the largest; not all, but most—5 paper that now has Republican owner- public land and make a profit? percent of the oil companies that are ship. I think that is very important. I Mrs. BOXER. The article that I out-and-out cheating the taxpayers. We want to read a couple of other state- quoted is Platt’s Oilgram News—an oil know it because it has been testified to ments from it. I see my friend from

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10566 CONGRESSIONAL RECORD — SENATE September 8, 1999 Wisconsin is here. Is he going to ask Mrs. BOXER. I told my friend the ment in royalties for drilling on public me a question as well? time. I don’t intend to go over 40 min- lands. It is my understanding this rider Mr. FEINGOLD. Yes. utes. was modified by the managers’ amend- Mrs. BOXER. This Los Angeles Times Mr. DURBIN. Will the Senator yield ment. But, as originally drafted, the article says, ‘‘The Great American Oil for a question? rider blocks the implementation of new Ripoff.’’ Mrs. BOXER. I will be glad to yield Interior rules to stop these underpay- It says: for a question. ments, just as their implementation America’s big oil companies have been rip- Mr. DURBIN. Not only do I not think was blocked in the last Congress; is ping off Federal and State governments for this is baseless, I want to touch all the that correct? decades by underpaying royalties for oil bases so the Senator from Idaho can drilled on public lands. The Interior Depart- Mrs. BOXER. Yes. This is the fourth ment tried to stop the practice with new understand why we think this is wor- time that this Interior Department rules, but Congress has succeeded in block- thy of debate on the floor of the Sen- ‘‘fix’’ to ensure fair royalty payments ing their implementation, and will again if ate. has been stopped in its tracks, unless the Senate bill calling for a moratorium on I ask the Senator from California we defeat the Hutchison amendment. the new rules proposed by Senators this: We had a big debate about welfare Mr. FEINGOLD. I know the Senator Hutchison and Domenici comes up before the reform and welfare ‘‘Cadillacs.’’ We are from California is obviously concerned Senate. talking about welfare ‘‘tankers’’ here— about big windfalls for the oil compa- It has and here we are. $11 million—or $66 million going to nies. The Interior Department esti- The large integrated oil companies, not the these major oil companies. I say to the mates that underpayments by the oil small independent producers, have been Senator from California, how many companies cost the taxpayers up to $66 cheating the State and Federal Treasuries by times have we done this? How many computing their royalties on the so-called million a year. I am wondering if she is ‘‘posted rights’’ rather than the fair market times have we postponed this decision aware of some of the largest oil compa- price. by the Department of the Interior to nies that benefit from it. That is what we are talking about, give to the taxpayers of this country Mrs. BOXER. I would be very pleased computing royalties on posted rights, the fair share they are entitled to for if the Senator could put that into the rather than fair market price. these oil companies to use our lands— RECORD because I haven’t done that. It could be as much as $4 or $5 a barrel the lands of people who live in Illinois, Mr. FEINGOLD. They are not small lower. The Interior Department estimates California, Idaho, and Texas—to drill mom-and-pop, independent producers. this practice costs the taxpayers up to $66 oil. How many times has the industry They are companies like Exxon, Chev- million a year. come in and, with an amendment simi- ron, BP Oil, Atlantic Richfield, and Senator HUTCHISON says it is $11 mil- lar to the one before us, tried to stop Amoco. I ask the Senator if she is lion, and that is a lot; but we think it this recalculation? aware of some of the campaign con- is $66 million, and so does the OMB. Mrs. BOXER. This is the fourth time tributions that entities such as this Two years ago, Interior drew up rules that this amendment has come before the put forward in order to achieve this would stop the underpayment but Congress body. I have to say to my friend, I end. has blocked implementation. don’t think it has ever gotten the at- Mrs. BOXER. I am very glad the Sen- They go on to explain: tention it needs. To come in and say it ator put out some of the names of the The bottom line is, Congress should not is a baseless debate, when we are talk- big oil companies that would be im- buckle to the pressure of the oil companies, ing about as much as $66 million on top pacted by this Interior rule that Sen- and the Hutchison amendment should be de- of the $88 million we have already lost ator HUTCHISON is trying to get. Fully feated. from the three other times this amend- 95 percent of the oil companies are not Mr. CRAIG. If the Senator will yield ment came before us, is unbelievable to impacted. Only 5 percent are impacted. briefly, I will leave the Senators to de- me. It is unbelievable that we close our The 95 percent of the others are paying bate this. We have the Robb amend- eyes to this kind of purposeful rip off, their fair share of royalty payments. ment on the floor. Several of us came and to call it a baseless debate, I find That is something to be happy about. to debate that, expecting it would be that amazing. They are good corporate citizens pay- stacked for a vote in the morning. Ob- Mr. DURBIN. If the Senator from ing their fair share of royalty pay- viously, you are going to continue this California will further yield, is not the ments based on fair market value just debate into tomorrow. I wonder what fact that these States have come for- as they signed in their lease agree- your plan is for the evening because it ward in court and sued the oil compa- ments with the United States of Amer- is predicated upon a unanimous con- nies successfully evidence of the fact ica. But it is the 5 percent of most of sent agreement that we want to craft. that the oil companies have been the large ones that are getting away If you plan to debate late into the underpaying the Federal taxpayers, as with it. evening, we will not stay. well as the State taxpayers, and this I say to my friend that he is a cham- Mrs. BOXER. No, we don’t. amendment will continue that? pion of campaign finance reform. I am Mr. CRAIG. There are four Senators, Mrs. BOXER. That is absolutely cor- so proud to be associated with him on including the Presiding Officer, who rect. Let me reiterate what I said. In that issue. came to the floor because the Senator cases all across this country, there I can only say to my friend that this from Virginia was on the floor with his have been settlements in seven dif- issue was mentioned in the USA Today amendment. We hoped to debate that ferent States, and $5 billion has been editorial, dated Wednesday, August 26, within the next 35 to 40 minutes if the collected from the oil companies in 1998, that big oil has contributed more Senator will consider yielding the these settlements. Now, if the oil com- than $35 million to national political floor. Mrs. BOXER. I don’t have any inten- panies had such clean hands and they committees and congressional can- tion of talking more than 40 minutes. I were paying their fair amount of royal- didates. They make the point. These will be yielding for a question. I ties, I assure my friend they would not are their words, not my words. They thought the Senator came because he part with $5 billion—I didn’t say mil- say that is a modest investment for was drawn into this debate. lion, I said $5 billion. I don’t even know protecting royalty pricing arrange- Mr. CRAIG. No. I just say I think it what $5 billion looks like in a room. ments which enables the industry to is a rather baseless debate, with a lot All I can say to my friend is, it is more pocket an extra $2 billion. of politics. than we spend on Head Start in a year. My friend is on a certain track. I Mrs. BOXER. I was trying to—— Mr. FEINGOLD. Will the Senator think it is important. Mr. CRAIG. I will stay out of the sub- from California yield for a question? Mr. FEINGOLD. I am grateful for the stance. Mrs. BOXER. Yes. Senator’s tremendous leadership on Mrs. BOXER. I was trying to use a Mr. FEINGOLD. I ask the Senator this. little bit of humor. from California this because I share her She may be aware that from time to Mr. CRAIG. I am more interested in strong opposition to this amendment, time I do something that I call ‘‘calling the timing for this evening, on behalf which would allow oil companies to of the bankroll’’—interest in compa- of five Senators. continue to underpay the U.S. Govern- nies that contribute large sums of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10567 money in terms of campaign contribu- These are all public interest groups. we failed to strip the rider on the min- tions. Mr. FEINGOLD. I finally ask the ing millsite issue. This is the second I am wondering if the Senator is Senator to make the comparison be- rider of this type we have considered. aware that during the 1997–1998 elec- tween the list that she just read. By In Section 3006 of Public Law 106–31, tion cycle oil companies gave the fol- and large these are very important the 1999 Emergency Supplemental Ap- lowing in political donations to the groups that represent the average peo- propriations Act, Congress exempted parties and to Federal candidates: ple of this country. There is no way the Crown Jewel project in Washington Exxon gave more than $230,000 in soft four of them could get together and State from the Solicitor’s Opinion. money and more than $480,000 in PAC give $2.9 million as these four corpora- This rider, in contrast to the previous money. tions I just described did. Obviously rider, applies to all mines on public Chevron gave more than $425,000 in these four corporations want this rider lands. soft money and more than $330,000 in to be a part of the Interior appropria- I am also concerned that we have PAC money. tions bill. It is the powerful political chosen to again include a grazing pol- I wonder if the Senator is aware that donors. They may well get their way icy rider as well. It requires the Bureau Atlantic-Richfield gave more than despite the credibility of groups and in- of Land Management to renew expiring $525,000 in soft money and $150,000 in terests that the Senator just indicated. grazing permits under the same terms PAC money. I, again, very much thank the Sen- and conditions contained in the old BP Oil and Amoco, two oil companies ator from California for her leadership permit. This automatic renewal will re- which merged into the newly formed on this. main in effect until such time as the petroleum giant, BP Amoco, gave a I rise today to share my concern Bureau complies with ‘‘all applicable combined total of $480,000 in soft about the number and content of legis- laws.’’ There is no schedule imposed on money, and nearly $295,000 in PAC lative riders to address environmental the Agency, therefore necessary envi- money. matters contained in the FY 2000 Inte- ronmental improvements to the graz- This is just some of the information rior Appropriations Bill. I hope that all ing program could be postponed indefi- we have. I don’t know if the Senator provisions which adversely effect the nitely. This rider affects millions of was aware of these figures. implementation of environmental law, acres of public rangelands that support Mrs. BOXER. I say to my friend that or change federal environmental pol- endangered species, wildlife, recre- I was not aware of those specific fig- icy, will be removed from this legisla- ation, and cultural resources. The rid- ures. It is very rare that I feel that if tion when it returns to the floor. er’s impact goes far beyond the lan- Congress goes along with something it I believe that the Senate should not guage contained in the FY 1999 appro- is really part of an ugly situation. I include provisions in spending bills priations bill, in which Congress al- feel that way here. I feel that we have that weaken environmental laws or lowed a short-term extension of graz- enough information now to take a prevent potentially environmentally ing permits which expired during the stand with the Interior Department, beneficial regulations from being pro- current fiscal year. As written, this with the consumers, and with over 70 mulgated by the federal agencies that section undercuts the application of groups that stand with us against the enforce federal environmental law. environmental law, derails administra- Hutchison amendment. I want to note, before I describe my tive appeals, and hampers application I hope my friend will listen to some concerns in detail, that this is not the of the conservation-oriented grazing of these groups because my colleague, first time that I have expressed con- Guidelines. my friend from Texas, listed groups cerns regarding legislative riders in ap- I also want to voice my opposition to that were with her. I think it is impor- propriations legislation that would the amendment that would allow oil tant that we compare these groups, have a negative impact on our nation’s companies to continue to underpay the who they stand for, and who they speak environment. U.S. government in royalties for drill- for. They are with us on our side trying For more than two decades, we have ing on public lands. I understand that to stop this oil company rip off, stop seen a remarkable bipartisan consensus this rider was modified by the man- the Hutchison amendment: American to protect the environment through ef- ager’s amendment, but as originally Association of Educational Services fective environmental legislation and drafted the rider blocks the implemen- Agencies, American Association of regulation. I believe we have a respon- tation of new Interior Department School Administrators, the American sibility to the American people to pro- rules to stop these underpayments, just Lands Alliance, the Americans Ocean tect the quality of our public lands and as their implementation was blocked Campaign, the Better Government As- resources. That responsibility requires in the last Congress. sociation, Common Cause, Consumer the Senate to express its strong dis- This is a huge windfall for the oil Project on Technology, Council of taste for legislative efforts to include companies—and as it is with so many State School Officers, Friends of Earth, proposals in spending bills that weaken special interest provisions that find Funds for Constitutional Government, environmental laws or prevent poten- their way into our legislation, to the Government Accountability Project, tially beneficial environmental regula- wealthy donors go the spoils, while the Green Peace, the Mineral Policy tions from being promulgated or en- taxpayers get the shaft. The Interior Standard, National Environmental forced by the federal agencies that Department estimates that these un- Trust, National Parks and Conserva- carry out federal law. derpayments by the oil companies cost tion Association, the National Rural The people of Wisconsin have caught the taxpayers up to $66 million a year. Education Association, the National on to what’s happening here. They con- And the oil companies that enjoy this Resources Defense Fund, the Navajo tinue to express their grave concern cut-rate drilling are not small inde- Nation, Ozone Action, Public Citizens, that, when riders are placed in spend- pendent producers. On the contrary, Congress Watch, Public Employees for ing bills, major decisions regarding en- the oil companies that benefit are Environmental Responsibility, Safe vironmental protection are being made among the largest in the world. Names Energy Communication Council, the without the benefit of an up or down like Exxon, Chevron, BP Amoco and Surface Employees International vote. Atlantic Richfield. Union, and the Taxpayers for Common Wisconsinites have a very strong be- I’d like to take a moment to Call the Sense. lief that Congress has a responsibility Bankroll on these companies, some- They are with us on this. to discuss and publicly debate matters thing I do from time to time in this The United Electrical-Radio Machine effecting the environment. We should chamber to remind my colleagues and Workers of America. be on record with regard to our posi- the public about the role money plays These are just some of the groups tion on this matter of open government in our legislative debates and decisions that are opposed to the Hutchison and environmental stewardship. here in this chamber. amendment, for one basic reason: They I have particular concerns regarding During the 1997–1998 election cycle, believe the big oil companies, the 5 per- several riders contained in this bill. I oil companies gave the following in po- cent of them, are cheating the tax- will site three examples of provisions litical donations to the parties and to payers. of concern to me. I am concerned that federal candidates:

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10568 CONGRESSIONAL RECORD — SENATE September 8, 1999 Exxon gave more than $230,000 in soft States with the oil companies, the oil mittee develops its version of the bill, your money and more than $480,000 in PAC companies saying to the States: Take consideration of the Administration’s views money; your lawsuit out of here. We will pay would be appreciated. These views are nec- Chevron gave more than $425,000 in you billions of dollars to go away. We essarily preliminary because they are based on incomplete information, since the Admin- soft money and more than $330,000 in will not go to court to try to make the istration has not had the opportunity to re- PAC money; case that oil royalty payments are fair. view the draft bill and report language. Atlantic Richfield gave more than You put all of that together, and it The allocation of discretionary resources $525,000 in soft money and $150,000 in adds up to a bad situation. available to the Senate under the Congres- PAC money; I would be so proud of this Senate if sional Budget Resolution is simply inad- BP Oil and Amoco, two oil companies we stood together on behalf of the peo- equate to make the necessary investments which have merged into the newly ple and on behalf of the consumers that our citizens need and expect. The Presi- formed petroleum giant BP Amoco, against the bad actors in the oil indus- dent’s FY 2000 Budget proposes levels of dis- gave a combined total of more than try, who according to this employee, cretionary spending that meet such needs $480,000 in soft money and nearly while conforming to the Bipartisan Budget said we will put off judgment day. We Agreement by making savings proposals in 295,000 in PAC money. will go take our chances. mandatory and other programs available to That’s more than $2.9 million just The senior executives of ARCO had the help finance this spending. Congress has ap- from those four corporations in the judgment that they would take the money, proved, and the President has signed into span of only two years, Mr. President. accrue for the day judgment, and that’s what law, nearly $29 billion of such offsets in ap- They want this rider to be part of the we did. propriations legislation since 1995. The Ad- Interior Appropriations bill, and as That is what he said. ministration urges the Congress to consider powerful political donors they are like- He said this: such proposals as the FY 2000 appropriations process moves forward. In addition, we urge ly to get their way. I would not have been there in any capac- I’d like to discuss one final rider, the Committee to reduce unrequested fund- ity had I continued to exercise the right they ing for programs and projects in this bill. which undoubtedly deserves its own had given me to dissent to the process during The Administration appreciates efforts by Calling of the Bankroll. Though I un- the suggestions stage. the Committee to accommodate certain of derstand that this rider has now been I know colleagues are here on other the President’s priorities within the 302(b) modified by the substitute amendment, matters. I just felt it was very impor- allocations. However, it is our understanding the underlying bill initially prohibited tant to lay out the case against the that the Committee bill makes major reduc- the use of funds to study, develop, or Hutchison amendment. I will lay it out tions to critical requests for the President’s implement procedures or policies to es- again and again and again if I have to. Lands Legacy Initiative and for key tribal tablish energy efficiency, energy use, programs. We also understand that the bill I hope I don’t have to. I really could. I may include a number of environmental pro- or energy acquisition rules. Un- hope we can vote against cloture and visions that would be objectionable to the changed, this language would have hopefully rid this bill of this special in- Administration—and would likely not be ap- blocked federal programs which cut terest rider that helps the 5 percent of proved by Congress, if considered on their federal agencies’ energy expenditures, the oil companies that are bad actors. own. We strongly urge the Committee to save taxpayer funds, and contribute to The 95 percent who are paying their keep the bill free of extraneous provisions reductions in pollution. fair share are doing fine; they will not and to address the following issues: In conclusion, I think that delay of be impacted by the Interior Depart- Lands Legacy Initiative/Land and Water mining law enforcement is indefen- ment. It is just that 5 percent. Conservation Fund (LWCF). The Administra- sible, as are the other changes we are tion strongly opposes the Subcommittee’s This is an important debate. It is not decision not to fund major portions of the making in environmental policy with- a baseless debate. It is debate on behalf President’s Lands Legacy Initiative. Overall, out full and fair debate. I hope my col- of the hard-working taxpayers. It is a only $265 million (33 percent) of the $797 mil- leagues will join me in demanding that debate on behalf of everyone who pays lion requested in this bill for the Initiative this bill be cleaned up in Conference. rent or a mortgage payment every would be funded. The bill would provide no Mrs. BOXER. I thank my friend and month. Imagine one day waking up and funding for State conservation grants and commend my friend from Illinois. I saying to the bank: Guess what. I don’t planning assistance, and only a portion (11 think their questions and their caring like my mortgage payment. I’m paying percent) of the requested increase for the Co- operative Endangered Species Conservation are very important to this debate. We less because it is no longer the fair have to take a stand on the floor of the Fund. It would also make significant cuts in market value as the day I signed up. State and Private Forestry grants. Federal Senate once in a while for average peo- I think the bank would say: Renego- land acquisition funding would be cut by ple—people who are faceless in this in- tiating the interest rate is fine; but if more than half from the Lands Legacy re- stitution. They think it is dominated you don’t pay your fair share, we are quest, from $413 million to $198 million. It by the special interests. My friend from taking you to court and we will repos- would be short-sighted to gut this important Wisconsin who works so hard every day sess your house. environmental initiative, given the growing to get the special interest money out of We cannot allow the top 5 percent of bipartisan recognition of the need for the federal government, the states and the pri- this Senate has made a very important oil companies to act in an irresponsible point—that the very companies that vate sector to protect open spaces and pre- fashion. I hope my colleagues will join serve America’s great places. are going to benefit from the with me, Senator DURBIN, Senator Land Management Operations. The Admin- Hutchison amendment have given huge FEINGOLD, Senator WELLSTONE, Sen- istration commends the action of the Sub- contributions to Federal candidates ator MURRAY, and many other Senators committee to address the operational and and to Federal committees. who feel very strongly about this and maintenance needs of land management If you put that together, as my friend vote down the Hutchison amendment. agencies in Interior and USDA. The Adminis- points out, with the retired ARCO em- I ask unanimous consent the perti- tration is concerned, however, with cuts in key conservation programs. For example, ployee testimony under oath that he nent letters be printed in the RECORD. lied 5 years ago—he admitted he was the bill would reduce requests for the Fish There being no objection, the letter and Wildlife Service’s endangered species not truthful when he testified in the was ordered to be printed in the program by $13 million (12 percent) and the deposition that ARCO-posted prices RECORD, as follows: Forest Service forest research program by represented fair market value. He goes EXECUTIVE OFFICE OF THE PRESI- $48 million (25 percent). Increased funding on to honestly say he was afraid he DENT, OFFICE OF MANAGEMENT for key programs within the Forest Service would lose his retirement. He was AND BUDGET, operating program, such as wildlife and fish- afraid he would be fired. You put to- Washington, DC, June 24, 1999. eries habitat and rangeland management, gether the contributions from big oil Hon. TED STEVENS, could be offset with reductions in with the testimony of this former Chairman, Committee on Appropriations, U.S. unrequested and excessive funding for timber sale preparation and management. ARCO employee, who sat in the room Senate, Washington, DC. DEAR MR. CHAIRMAN: The purpose of this Environmental and Other Objectionable when the decision was made to stop letter is to provide the Administration’s Riders. The Administration strongly objects taxpayers from getting their fair views on the Interior and Related Agencies to objectionable environmental and other share—when you put that together Appropriation Bill, FY 2000, as reported by riders. Such riders rarely receive the level of with the recent settlements by many the Senate Subcommittee. As the Com- congressional and public review required of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10569 authorization language, and they often over- air quality and lower greenhouse gas emis- the Bond amendment. I believe the ride existing environmental and natural re- sions, and expanding markets for renewable Senator from Illinois wishes to speak. source protections, tribal sovereignty, or im- energy technologies. The Senator from Missouri (Mr. BOND) pose unjustified micro-management restric- Although I appreciate your efforts in re- may return for that subject. Senator tions on agency activities. We urge the Com- working the discretionary spending alloca- mittee to oppose such provisions. For exam- tions in order to increase the spending limits HUTCHISON wishes to speak again on ple, the Administration would strongly op- for the Interior bill in the face of the limita- her amendment. There may be other pose an amendment that may be offered that tions placed on you under the Budget Reso- speeches on that. There are three or would prohibit implementation of the oil lution, the funding amount proposed by the four people here to speak on the Robb valuation rule. Such a prohibition would Senate denies funding to protect America’s amendment. I want all of the speeches cost the American taxpayer about $60 mil- open spaces and great places for the future on each of these subjects to be consoli- lion in FY2000. through the President’s Lands Legacy initia- dated into one point in the RECORD. Millennium Initiative to Save America’s tive, as well as critical requests for land This unanimous consent agreement Treasures. The Administration strongly ob- management, trust reform, other Indian pro- is not going to limit anyone’s right to jects to the lack of funding for this $30 mil- grams, and science. lion Presidential initiative to commemorate Overall, the reductions to the budget re- talk on any of these subjects this the Millennium by preserving the Nation’s quest seriously impair the Department’s evening as long as they wish. historic sites and cultural artifacts that are ability to be a responsible steward of the Na- Mrs. BOXER. If the Senator will America’s treasures. tion’s natural and cultural resources and to yield for a question, what is my National Endowment for the Arts/National uphold our trust responsibilities to Indians. friend’s plan of action on the Endowment for the Humanities. The Admin- The 2000 budget sets a course for the new Hutchison amendment? istration strongly objects to the proposed millennium providing resources that are Mr. GORTON. I believe a cloture mo- funding levels for the National Endowment needed to accommodate increasing demand tion on the Hutchison amendment will for the Arts and National Endowment for the and use of our public lands and resources. In be filed tomorrow to ripen sometime Humanities. The Subcommittee’s proposed this decade, visits to parks, refuges and pub- early next week. There will be lots of $51 million (34 percent) reduction from the lic lands have increased up to 31 percent; the request would preclude NEA from moving number of students in BIA schools has in- time for a discussion of that amend- forward with its Challenge America initia- creased 33 percent; and the BIA service popu- ment before any vote on cloture takes tive which emphasizes arts education and ac- lation is up by 26 percent. place. cess to under-served communities across In this regard, the Committee proposal I hope during most of tomorrow, America. The $38 million (25 percent) reduc- does not provide sufficient increases to fully however, we will deal with other tion from the request would preclude NEH operate our National Parks, restore healthy amendments that can be completed and from expanding its summer seminar series to public lands, rebuild wildlife and fisheries re- dispensed with. By the time we get to provide professional development opportuni- sources, clean up streams in support of the a vote on the cloture, we are pretty ties to our nation’s teachers as well as Clean Water Action Plan through Abandoned close to the end of debate on this bill. Mine Land grants, or improve the safety of broadening the outreach of its humanities I don’t know if that is true or not. We programs. The Administration urges the schools and communities for Indians. At the Committee to approve funding for the En- funding level provided, we will be unable to will have dealt today in whole or in dowments at the requested levels. meet the needs expressed by Congress for part with 4 of the 66 amendments that are reserved for the Interior appropria- * * * * * better stewardship of public lands and facili- ties, resolution of the Indian trust issue, and tions bill. I trust some will go faster improved schools and quality of life in In- than many of those today. THE SECRETARY OF THE INTERIOR, dian Country. Further, the Committee elimi- I will state the unanimous consent Washington, DC, June 30, 1999. nated funding for the Save America’s Treas- agreement. Then I intend to speak Hon. TED STEVENS, ures program that preserves priority historic briefly on the Robb amendment. I be- Chairman, Committee on Appropriations, U.S. preservation projects of national scope and Senate, Washington, DC. significance. lieve the Presiding Officer and Senator DEAR MR. CHAIRMAN: I write to express my I urge you to reconsider the contents of the CRAIG will also speak on that. grave concern over the Interior and Related Interior bill and work with the Administra- UNANIMOUS CONSENT AGREEMENT Agencies Appropriations Bill for FY 2000 re- tion and me towards a more balanced ap- Mr. GORTON. I ask unanimous con- ported by the Committee on Appropriations proach. I look forward to working with you sent that immediately following the Bill for FY 2000 reported by the Committee to address these concerns. vote scheduled at 9:30 a.m. on Thurs- on Appropriations. If the bill were presented Sincerely, day, notwithstanding rule XXII, the to the President as it was reported from the BRUCE BABBIT. Committee, I would recommend that the Senate resume consideration of the In- President veto the bill. The PRESIDING OFFICER. The Sen- terior appropriations bill and there be 2 The bill contains a number of objection- ator from Washington. minutes equally divided prior to a vote able legislative provisions, three of which I’d Mr. GORTON. Mr. President, I be- in relation to the Bond amendment No. like to highlight. The amendment on mill lieve the matter before the Senate now 1621; following that vote, there will be sites adopted by the Committee permanently is the amendment of Senator ROBB, and 2 minutes equally divided on the pend- extends the Mining Law’s existing near-give- I ask consent of the Senator from Cali- ing Robb amendment No. 1583. I ask away of Federal lands to include as much fornia that her presentation, including unanimous consent no amendments be acreage as a mining company thinks it can all of her questions and answers, be in- use for mountains of mine waste and spoil. in order prior to these votes. The amendment further tilts the Mining Law cluded in the CONGRESSIONAL RECORD The PRESIDING OFFICER. Without against the interests of the taxpayer and the immediately after the speeches of Sen- objection, it is so ordered. environment, ignoring the need for com- ators HUTCHISON and DOMENICI so that Mr. GORTON. In light of this agree- prehensive reform. the debate on that subject be contin- ment, I am able to announce for the The extension of the moratorium on uous, and that other speeches during majority leader that there will be no issuance of new rules on oil valuation will the course of the evening be consoli- further votes today but that there will delay these rules for an additional 21 dated in the RECORD on the Hutchison be three votes at 9:30 tomorrow morn- months. Revision of the way royalties are amendment. ing and immediately thereafter. collected is urgently needed to assure the Mrs. BOXER. I thank my friend for taxpayer a fair return. Extension of the mor- I will speak to the Robb amendment. atorium cuts off the dialogue on how best to his excellent idea. We should keep this Mr. DURBIN. Will the Senator from do this and will needlessly cost the tax- debate seamless. Washington be kind enough to yield for payers about $120 million in lost royalty pay- The PRESIDING OFFICER. Without a unanimous consent request so we can ments. objection, it is so ordered. make a record of the sequence of It is also my understanding that the Com- Mr. GORTON. Second, I have a unan- speakers? mittee adopted an amendment that could imous consent agreement under which I have been here for a while but other limit the implementation of the President’s there will be two votes on the Bond Senators have, too. I want to speak to June 3 Energy Efficiency Executive Order to amendment and a vote on the Robb the Bond amendment and I certainly reduce Federal energy costs. Restricting the agencies’ ability to improve energy effi- amendment tomorrow morning that yield to the chair of the subcommittee ciency in our buildings will prevent the Fed- apparently have been cleared. for his comments on the Robb amend- eral Government from saving taxpayer dol- Before I present that, I say we will be ment. lars, cutting dependence on foreign oil, pro- in session long enough this evening for Is it appropriate to ask unanimous tecting the environment through improved anyone who wishes to do so to speak on consent that after the Senator from

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10570 CONGRESSIONAL RECORD — SENATE September 8, 1999 Washington completes his remarks, I be somewhere between $5 billion and where between one-fifth and one-sixth be given no more than 10 minutes to re- perhaps $9 billion. These are matters of what was the historic harvest. spond to the Robb amendment? that deal simply with endangered spe- The President has not been able to Mr. GORTON. I have no objection. cies. We already have injunctions and keep that promise, even using his ad- The PRESIDING OFFICER. Without orders for the Federal Government ministration’s present forest policies. objection, it is so ordered. with respect to protecting endangered He has not reached that particular AMENDMENT NO. 1583 species and not allowing them to be goal. The harvest under these decisions Mr. GORTON. Mr. President, with re- harmed by any of these commercial ac- will be zero because the cost of pre- spect to the Robb amendment which tivities. These are, in effect, censuses paring the sales will simply be too would strike section 329 of the bill be- of everything that exists in the forest, great. This is not a policy—the policy of the fore the Senate, perhaps the best way vertebrate and invertebrate, plant and present enjoined forms of wildlife sur- to begin my remarks on it is to read animal species — the entire works. veys—that comes from an administra- that relatively short section. There are, of course, other decisions on tion that has been hell-bent for leather It reads as follows: the other side of this issue. Section 329 attempts to deal reasonably with these to harvest trees in the forests either in For fiscal year 2000, the Secretary of Agri- the Pacific Northwest or in the South- culture with respect to lands within the Na- requirements. tional Forest Service and the Secretary of The very groups that brought these east, the location of the 11th Circuit, the Interior with respect to lands under the actions, various environmental groups, by any stretch of the imagination. Nor jurisdiction of the Bureau of Land Manage- have made two arguments over the is this discretion being given to offi- ment, shall use the best available scientific course of the last 10 or 12 years that cials in the Department of Agriculture and commercial data in amending or revis- perhaps predominate over the balance and the Department of the Interior ing resource management plans for offering of their arguments. The first is that we who are bound and determined to cut sales, issuing leases, or otherwise author- should stop engaging in timber sales in the last tree. This, I want to repeat, is izing or undertaking management activities which the Federal Government—either a 1-year provision—that is to say it on lands under their respective jurisdictions provided that the Secretaries may at their the Forest Service or the Bureau of will apply only through most of the discretion determine whether any informa- Land Management—lose money; that rest of the Clinton administration— tion concerning wildlife resources shall be below-cost timber sales are not a wise granting discretion to the Secretary of collected prior to approving any such plan, investment of the resources of the the Interior, Mr. Babbitt, and the Sec- sale, lease, or other activity and, if so, the United States of America. At the same retary of Agriculture, to use their type of collection procedures for such infor- time, of course, they advocate posi- present relatively reasonable systems mation. tions, and have succeeded in front of of determining whether or not some It seems to me there are fundamen- some courts with those positions, the small portions of the 16 percent of the tally three subjects involved in section net result of which will be that there national forests not set aside for wild- 329. The first is, of course, that it ap- can never be a timber sale that is not life purposes can be the subject of tim- plies only to fiscal year 2000, the year below cost. The cost of any one of these ber harvesting contracts. It does not covered by this appropriations bill. The surveys on any public lands will exceed require the administration to follow second subject is that the two Secre- the value of the timber located on the exactly the procedures it has been fol- taries managing these national lands land. That, of course, in turn, is in pur- lowing with the Northwest forest plan shall use the best available scientific suit of the second goal of many of these and its plans for other forests at all. It and commercial data in dealing with environmental organizations, specifi- simply says if in their discretion they the plans they have for those lands. I cally including the Sierra Club, and think they have done enough, they can can’t imagine that there is any objec- that goal is that there should be no go ahead and meet their own very mod- tion on the part of the proponents of harvest, no harvest under any cir- est goals of at least providing a modest this current amendment to that lan- cumstances, on any of our public lands harvest of our timber in our national guage. The third subject says that the of any of our timber resources. That is forests. That is all. It is neither more Secretaries may, at their discretion, a formal position of many of the envi- nor less than that. It is not a mandate. determine whether any additional in- ronmental organizations including It is authority to very green, very pro- formation concerning wildlife re- those that have been plaintiffs in this environmentalist Departments of Agri- sources shall be collected prior to ap- litigation. culture and Interior to engage in ac- proving these plans. The net result of these decisions is tivities of this nature. In other words, section 329 doesn’t re- the success of that latter policy. The It is very clear the goal of these law- quire these Secretaries to do anything. United States of America is not going suits and the goal of the organizations It simply grants them the discretion to to spend $9 billion, or $5 billion, engag- that have brought these lawsuits is not act in a reasonable fashion. ing in these particular surveys. It is to get these surveys done. The goal is A number of court decisions, pursu- not a provident expenditure of our to see to it that the cost of entering ant both to the National Forest Man- money. There is no money in this ap- into preparing for any contract for the agement Act and perhaps even more propriations bill for such elaborate harvest of timber is so high that none significantly to forest plans already courses of action under any set of cir- of them will be worth doing. But the ef- prepared by this Clinton administra- cumstances. fects of those lawsuits, and therefore tion and under the supervision of these As a former head of the Forest Serv- the effects of this amendment, do not Secretaries, have stated essentially ice under President Clinton, Jack Ward apply only to timber harvesting con- that before any contract is entered Thomas said: This whole idea is de- tracts by any stretch of the imagina- with a private organization for the har- signed to make this survey and man- tion. They will apply to any new or dif- vest of timber in national forests or on agement system unworkable. Sci- ferent use of any portion of our na- Bureau of Land Management lands, an entists are not looking for these crea- tional forests and of our BLM lands. extraordinarily expensive wildlife cen- tures in the first place. The Clinton They will apply equally to the building sus must be taken, a census at least as forest plan, which has reduced by about of campsites or the improvement of detailed as the census of the people of 80 percent harvests on the public campsites or other recreational uses of the United States to be taken next lands—in the Pacific Northwest, in any the forest system itself. As a con- year—on reflection, a census much event, it already set aside 84 percent of sequence, the effect of these present more elaborate than the census of the our national forests essentially as wild- lawsuits is to make de facto wilderness people of the United States next year, life refuges. The other 16 percent has areas out of all of our national forest as we are going to be asked to spend been considered by this administration areas and to prohibit any improvement about $4 billion to count every person for a harvest in the Pacific Northwest for human recreation, other than that in the United States. of about 1 billion board feet a year. allowed of wilderness areas itself, as The cost of carrying out the activi- This was the President’s forest plan, well as of any timber harvest. It is an ties required by our courts on our na- his promise in his campaign in 1992 to extraordinary set of policies that are tional forests, if we go forward, would the people of the Northwest, some- essentially advocated by the Robb

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10571 amendment, a set of policies based on overboard in timber harvests by any of the Department of the Interior to the proposition from some national en- stretch of the imagination, and to protect the Mark Twain National For- vironmental organizations that there allow it to keep the promises it has est from lead mining. Is this a popular should be no productive use, no eco- made for a period of more than 6 years concept? It probably is with some com- nomically productive use, of our na- to the people of timber-dependent com- panies. Not only the attorney general tional forest system whatsoever. munities all over the United States of of Missouri but the Governor of Mis- The section 329, which really should America. souri has written protesting this action not have been contested at all, is sim- The PRESIDING OFFICER. The Sen- being taken by this Bond amendment. ply to grant this Clinton administra- ator from Illinois is recognized for 10 Governor Mel Carnahan from Jeffer- tion, for 1 year, the right to go ahead minutes. son City, MO, has written and said: with the extremely environmentally AMENDMENT NO. 1621 I believe you will agree the watersheds of sensitive forest plans that it has struc- Mr. DURBIN. I thank the Chair for the Current, Jacks Fork and Eleven Point tured during the course of the last 6 recognition. I misspoke earlier. I wish rivers are among the most beautiful and years, not only in the Northwest part to speak to the Bond amendment, not pristine areas of Missouri. These crystal of the United States but in the South- the Robb amendment. clear streams are great recreational assets east part of the United States and The Bond amendment is another one which should be protected for future genera- tions to enjoy. Texas and in every other place, either of these legislative riders on spending BLM lands or Forest Service lands, and bills. It is an attempt to change envi- He goes on to say: allows them to go ahead. If the Presi- ronmental policy with an amendment The environmental risk of lead mining and dent does not want them to go ahead, if to the appropriations bill for the De- potential for toxic contamination of these the policies are those advocated by pristine waterways are well understood. The partment of the Interior. The reason it Interior Secretary’s authority to protect these organizations in these lawsuits, is being done this way, of course, is it sensitive public lands should be preserved. nothing in this section 329 prohibits avoids any committee hearing, any op- He says to my colleague from Mis- them from adopting those policies. But portunity for any witnesses or public souri: what it does require is that it will re- input. quire the President to say: Whatever I There are seven, eight, or nine dif- I respectfully request you withdraw your amendment. told the people of the Northwest, what- ferent environmental riders that have ever I told the people of other parts of been attached to this spending bill. The But that amendment has not been the country about a balance, about the administration has indicated that un- withdrawn. It will be voted on tomor- proposition that there were certainly less they are removed, there is a strong row. some of our national forests that were likelihood that an otherwise good bill I can say further there are groups appropriate for productive use, for the will be vetoed by the President because across Missouri that oppose this inva- provision of jobs and for the provision riders, such as the one I am about to sion of a pristine area, a watershed of of timber resources of the United address, go way too far. the Mark Twain National Forest, for States, I now have changed my mind. One might wonder why I am address- the purpose of lead mining. The St. We are not going to do it at all. ing the issue of a national forest in Louis Post Dispatch, the largest news- If he wants that as a policy, it is not Missouri since I represent the State of paper in the State, has editorialized barred by section 329. But he will not Illinois. I am from downstate Illinois. I against this and has said, frankly, that be able to hide behind a court decision was born in East St. Louis, and the this is an effort to allow this company and say he is trying to do something Ozarks are an important recreational to come in and mine an area which is and trying to abide by a court decision area for everyone who lives in the re- of critical importance to the people of that is impossible, that sets conditions gion. It is not only a regional treasure Missouri. that are impossible economically to but a national treasure which has been The Kansas City Star, an equally in- meet. We are not going to spend the recognized by a designation as a na- fluential paper, has come to the same amount of money necessary to conduct tional forest. conclusion that the Bond amendment these surveys. The surveys are not Last year, the attorney general of is a mistake, a mistake which threat- needed. They are not worth it. We ei- Missouri, Jay Nixon, joined environ- ens the watersheds of the crystal clear ther choose to deal reasonably with mental groups in petitioning the Sec- streams of the Current, Jacks Fork, these issues and allow this President retary of the Interior asking him under and Eleven Point Rivers. and this administration to conduct the his authority, under the Federal Land For those who believe this lead min- modest harvests that they have Policy and Management Act, to remove ing operation is somehow antiseptic thought were appropriate, or we are from access to mining 400,000 acres in and will not leave a legacy, I say they saying we are not going to have any the Mark Twain National Forest. are wrong, and the scientific studies harvest at all, and in all probability we Those of us who live in that region have proven that. We know what is aren’t going to have any new rec- know this is an especially popular area going to happen if we allow these com- reational activities on our national for- of the Ozarks. The watersheds of the panies to come in and mine lead in this ests as well. Current, Jacks Fork, and Eleven Point beautiful area. We know the potential Simply stated, that is the issue: Do Rivers are in this region. Many of my for contaminating the streams. We we trust this administration not to go friends and family go to the Ozarks for know the potential for leaving behind overboard in the nature of harvesting, canoeing. They love it because of its the waste from their mining oper- do we believe this administration to be pristine beauty, and they believe the ations. environmentally oriented or not? attorney general, Jay Nixon, was cor- Some might argue that it is worth it Most of us, and I think I speak for rect when he petitioned the Secretary because it creates jobs, and yet study the Presiding Officer as well as myself, of the Interior to preserve this area after study reaches the opposite con- do not think these forest plans are ap- and to stop it from being used for lead clusion. propriately balanced as they are, but mining. This is primarily a tourist area, a they do provide for some economically This is Federal public land that a pri- recreational area recognized all around productive use of our forests, a produc- vate company, a lead mining company, the Midwest. To defile it with lead tive use that is totally barred under wants to come in and mine for profit. mining to create a handful of jobs for these certain court decisions, whether The Interior Department has the au- mining purposes is to jeopardize the at- they are correct or not correct, and thority to say no, it is important envi- traction of this area for literally thou- which we allow the administration to ronmentally and we should not allow sands of people in the Midwest and politely and courteously either abide this kind of commercial use. That is across the Nation. That is why it is by or say no, we have a better and what they would do were it not for the such a serious mistake. I daresay if more balanced way of doing it. amendment being offered by the Sen- this amendment had been offered on an I think it is overwhelmingly appro- ator from Missouri. ordinary bill, there would have been a priate to reject this amendment, to The Senator from Missouri, Mr. long line of people to come in and tes- trust this administration not to go BOND, wants to remove the authority tify, not only environmentalists who

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10572 CONGRESSIONAL RECORD — SENATE September 8, 1999 oppose the Bond amendment, but cer- While Judge Dwyer issued a prelimi- But having done so, it is a travesty tainly those who are in authority in nary injunction against the sales di- that the Administration’s failure to ef- the State of Missouri, Governor Mel rectly challenged in the case, the effect fectively implement the plan has re- Carnahan, Attorney General Jay of his August 2, 1999, ruling is much sulted in another injunction that will Nixon, as well as many other groups of broader. further erode our timber communities. ordinary citizens who believe this is a The Forest Service and the Bureau of With respect to the Eleventh Circuit national treasure that should not be Land Management have made a deci- Court of Appeals ruling, it requires sur- defiled so one company can make a sion not to award any previously-auc- veys for all ground-disturbing activi- profit. tioned sales until the lawsuit is re- ties. On the spending bill for the Depart- solved. Further, the agencies do not This means not only timber sales, ment of the Interior, this is another plan to offer any additional sales until but recreation improvements and for- one of the environmental riders de- their supplemental EIS on survey and est management activities. Some pre- signed to benefit a private interest at manage is completed and approved. liminary cost estimates put the nation- the expense of American taxpayers who While the Forest Service claims this wide implementation of the Eleventh own this public land, at the expense of will be completed by February of 2000, Circuit court ruling at $9 billion. It is families who enjoy this recreational history tells us that this EIS will be a Trojan horse rolled in by candidate area, at the expense of people who look appealed and litigated. In fact, the For- Clinton to destroy an industry. forward to a weekend on the Current est Service hasn’t produced a region- Therefore, we should make the public River because of its beauty. wide EIS for the Northwest for 10 years policy decision that we will allow for- Frankly, this is a big mistake, and I that hasn’t been litigated. est managers to use the best available hope the Senator from Missouri will The current or planned sales affected commercial data in amending or revis- have second thoughts before he calls it by Judge Dwyer’s ruling contain about ing resource management plans, as up for a vote tomorrow morning. I hope 500 million board feet of timber. Since Section 329 stipulates. he will listen carefully to the leaders in there will be no future sales until the This is the standard for data under the State, as well as the environmental EIS is completed, the total volume af- the Endangered Species Act. groups, who are standing up for one of fected could be 3 times that high. The language in Section 329 does not Further, because many of these sales the most precious resources in Mis- preclude the Secretaries of the Interior have already been awarded, if they are souri. and Agriculture from gathering addi- enjoined and operations are delayed, or I hope he will join them in saying the tional data. if the government is forced to cancel Mark Twain National Forest and the It simply gives the Secretaries more these sales, the government will be po- watershed of these great rivers are discretion to meet land management tentially liable for hundreds of mil- worth protecting, worth preserving, objectives in a timely manner. lions of dollars in damages. Section 329 is designed to give the and should not be allowed to be in- Because so little volume has been Clinton administration officials ex- vaded by a lead mining company that sold to date, and is therefore available actly the flexibility in land manage- wants to come in and mine on Federal to purchasers, the injunction of this public lands at the expense of this volume will lead to immediate mill clo- ment that they argued for in court. I am deeply saddened that in the face great national resource. sures, increasing the government’s li- of the economic crisis about to be vis- Mr. President, I yield back the re- ability for damages. mainder of my time. The issue in this case involves the ited on my constituents, the President The PRESIDING OFFICER (Mr. GOR- Administration’s implementation of isn’t 100 percent behind retaining this TON). The Senator from Oregon. one part of the Clinton-Gore Forest language. Mr. SMITH of Oregon. Mr. President, Plan, concerning surveys for 77 rare This isn’t an agonizing choice for me I rise in opposition to the motion to species of fungi, lichens, mosses, snails, at all. If I have to choose here between strike Section 329 of the Interior appro- and slugs, and for a small mammal surveying for red tree voles or keeping priations bill. This section is necessary called the red-tree vole. Six years into hundreds of Oregonians employed in to counter an extremely adverse ruling the 10-year plan, the agencies still do family-wage jobs, I will vote for fami- by the Eleventh Circuit Court of Ap- not know how to conduct surveys for 32 lies. peals, which has just been described by of the rare species. I know that there are those who my colleagues, as well as a preliminary None of these species is threatened or don’t think the language in Section 329 injunction recently handed down by endangered. Although these surveys is the best language possible. Judge Dwyer in the U.S. District are only one piece of the Plan, the con- I will commit to work with my col- Court. sequences of the case are potentially leagues and the Administration to see The case before Judge Dwyer in- enormous. if we can improve this language. But I volves the implementation of the Clin- The real fallacy of the survey and will strongly oppose efforts to strike it. ton-Gore Northwest Forest Plan, which manage requirement is that we are I urge anyone who has a National was unveiled in 1993. At the time, only going to survey on those lands Forest in their State to support reten- President Clinton said that it ‘‘pro- where ground-disturbing activities— tion of Section 329. vides an innovative approach for forest such as recreational improvements and If the Eleventh Circuit Court ruling management to protect the environ- timber sales—are planned. In the Na- is ever applied nationwide, we will ment and to produce a predictable and tional Forests covered by the Presi- have tied the hands of professional land sustainable level of timber sales.’’ dent’s Plan, this amounts to about 12 managers with an expensive, time-con- The real travesty here is that the percent of the total forest base that is suming and ineffective requirement. supporters of Section 329 are trying to still available for multiple use. I believe my colleague from Virginia fulfill the commitments made by this This is not going to tell us about the has the best of motives, but I only wish Administration in 1993, and we are now overall health of these species, since he could go with me to rural Oregon doing so over the objection of the Ad- we aren’t going to be looking for these and see the human consequences of ministration. species in the remaining 88 percent of what he proposes. The Northwest Forest Plan was sup- the land base. I began my political career in 1992 posed to be the Clinton Administra- Unfortunately, it could also apply to running for a rural seat in the Oregon tion’s historic compromise between needed forest restoration activities State Senate. It was the same election timber harvesting and the environ- such as prescribed burns and reforest- year that now-President Bill Clinton ment. For National Forests covered by ation on other selected parts of the for- sought the Presidency. I watched as an the Plan, timber harvests were reduced ests, thereby delaying these activities opponent of his campaign with admira- by 80 percent. Apparently, that wasn’t and increasing their costs. tion for the skill with which he came enough for those who want no timber It is unfortunate that the Clinton- to my State and reached out to those harvests, because they are again chal- Gore Administration ever included this in the rural communities and made lenging implementation of the Plan in provision in the Northwest Forest some very dramatic promises, some Court. Plan. promises which he said would protect

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10573 the environment and ensure a sustain- I don’t think the Senator from Vir- I am saying what is being asked for able harvest of timber. ginia would offer this motion to strike by the courts now, as required by the He carried my State. He carried your if he could go with me to Roseburg, Clinton-Gore forest plan, is a survey State, Mr. President, with these same OR. It has been a long time, has been a for 77 rare species of fungi, lichens, promises because a lot of people want- lot of heartache, a lot of pain, but it is mosses, snails, slugs, and for a small ed to believe in him. getting old. It is almost over. Here you mammal called the red tree vole. Well, I have noted with great interest that and I are defending the President’s the agencies don’t know how to con- recently the President —and I applaud plan, trying to help him live up to his duct these things. They don’t even him for this—has gone to rural Appa- promises. I want the American people know some of these species. The lachia. I don’t know whether he went to know that the Clinton-Gore forest amount of land that is at issue is 12 to parts of the State of the Senator plan, at the beginning at least, was percent of 100 percent of the land, so 88 from Virginia. I know he went to West honest enough to say: The traditional percent of the land is not going to be Virginia, and he decried poverty levels harvest you have had, we are going to surveyed, only the area where they are that are lamentable and awful. But cut it by 80 percent, by 80 percent. The digging around. No one contends that there are parts of my State as a result reality is, it is not even 10 percent of any of these things are endangered at of his forest policies which are in worse what is delivered, and now what we are all. What is endangered is rural people, shape than those he visited in Appa- seeing is there is going to be nothing creating a new Appalachia with chron- lachia. delivered. ic poverty. We are doing it in my State I rise today with a lot of emotion in That isn’t right. A sustainable yield while he decries it in his State. That my heart because I think the truth has of 20 percent is all that was promised, isn’t right, not when they have been not been told and promises have not and yet even that apparently is an- promised something better. been carried out. other mirage. I conclude my remarks by pleading Well, I know the President wishes we I have recently come from a town with my colleagues not to put in an ar- didn’t have to do a rider, but it is the hall meeting in Roseburg, OR, where tificial requirement that we will not only tool left because we are running people are finally looking at oblivion fund, which is not necessary and which out of time. Your proposal is for a year because their jobs are directly depend- can be adequately provided for, by the to allow the Federal courts to allow ent upon the sales that have now been way you described it, by giving to the these sales to go forward. Without the enjoined by Judge Dwyer in the dis- Secretaries of the Interior and Agri- Clinton-Gore forest plan, these sales trict court of the Ninth Circuit. culture the power to do what they al- would be fine; these meet the Endan- I hope I can reach the heart of every ready do under the Endangered Species gered Species Act, but somehow in the one of my colleagues because this stuff Act, by giving them that power and al- matters in human terms. I wish they creation of this plan, they have put in a survey system that isn’t economical. lowing these things to go forward and would have a more honest approach keeping some promises. Why don’t we and say: We don’t want any more har- It isn’t going to happen. It isn’t even necessary. It is a fraud. It is a way to keep some promises around here? vest of timber; let’s shut it all down. I want my colleagues to know this is At least that would be honest. This undermine their own promises. Well, history tells us this is not about a survey versus families. It is isn’t. going to happen now. I regret to tell about snails and slugs versus streets I wish they could see the kids in the people of rural Oregon that the and schools. I ask you to oppose the John Day, OR, who go to school 4 days Clinton forest plan is a failure to them. motion to strike this amendment. a week because they can’t afford to Another irony. I heard my colleague What is being done here is wrong. It open the school for 5. I want my col- from Virginia say he read a letter from has human consequences, and we in leagues to understand what they are the Forest Service about their new- this Senate ought to be bigger than voting for. If you distill this down, this found position on this issue. Why that. is about pitting a survey of fungus, didn’t they argue that in court? If it Mr. President, I yield the floor. snails, and slugs against children and was an argument to be made a month Mr. BURNS addressed the Chair. families who need streets and schools. ago, why isn’t it still a good argument. The PRESIDING OFFICER (Mr. Now, lest you think the last pine tree They have reversed course. Why? Is it BROWNBACK). The Senator from Mon- in Oregon is about to go down, I am only about politics? I think people are tana is recognized. sorry to disabuse you. You can’t stop sick of that. I think people are ready to Mr. BURNS. Mr. President, I listened timber from growing in my State. We be told the truth, and they thought with interest to the impassioned plea went to the CRP area not far from they had been told the truth by the of my friend from Oregon. Last week, where I live. There are wheat fields President, at least when it came to his we sold a lumber mill in Montana. that formerly were in wheat that were forest plan. I regret to tell them that Darby Lumber went down because they left to go to nature, and there are Pon- apparently they have not been. could not get logs. Mills are hauling derosa trees going up everywhere. They What is at stake? In Judge Dwyer’s logs in from Canada, 500 miles, and it is are 12 feet high now. ruling, about 500 million board feet of like my friend from Oregon said—we I know what the New York Times timber. By the way, to my colleagues are decimating our neighbors’ lands be- says. I know what the Washington Post on the other side, if you think by kill- cause we have not had the nerve to be says. But like some of my colleagues, ing the forest industry in this country honest with the American people. they have never been to my State. you are somehow saving the environ- To give you an idea, up in the north- They have never looked into the eyes ment, you are the best friend the Cana- western part of Montana, we are grow- of the schoolchildren who, frankly, dians and the New Zealanders have ing about 120 million board feet of lum- don’t have an adequate education be- ever had because the U.S. demand and ber a year. The Forest Service makes cause the Federal Government made use of timber is not going down. It is plans to harvest about 19 million board promises to them and their county offi- going up. We have just exported those feet. The truth is, America, we will be cials and their school officials that are jobs. So we pat ourselves on the back lucky if we harvest 6 million board being denied to them in a very dis- that we somehow have taken care of feet. honest and disingenuous way. our forests, even though it is growing Opposition to section 329 flatly con- I am angry. It is not right. It is not at record rates and subject to cata- tradicts previous positions taken by right to go win an election and then strophic fire. Even though we pat our- the environmental community and this supposedly put up a program that is to selves on the back, we are pillaging our administration on the best methods for provide for the environment, to provide neighbors’ land. protecting wildlife. Section 329 would a sustainable yield, and then through I am simply saying, the promise of restore to the administration the au- subterfuge make sure it doesn’t hap- the President to have a sustainable thority to plan and account for wildlife pen, when you have a year to go in harvest and a good environment are protection by surveying habitat—a your term, when you are decrying pov- possible, but it isn’t possible with this. method employed for over two decades erty elsewhere in this country, but you We are trying to help the President and that has been approved by seven are creating it in my backyard. make it possible. Federal courts, including three circuit

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10574 CONGRESSIONAL RECORD — SENATE September 8, 1999 courts of appeal. The recent Eleventh to office. It has championed two land proach to wildlife protection—must Circuit decision contradicted this con- management concepts—ecosystem now abandon it to follow the expen- sensus judicial opinion and would re- management and biological diversity sive—in fact, it is too expensive. We quire the agency to provide protection protection—that rely entirely on meth- know that the money will never be ap- to wildlife by counting—not once but odologies which concentrate on habitat propriated. So it will not be done. It is twice—the number of members of each rather than individual species. Cer- an outdated process of counting indi- of 20 to 40 management indicator and tainly, ecosystem management is a vidual members of one species after an- sensitive species before undertaking fancy way of saying habitat manage- other, like I said, not once but twice. I any ground-disturbing activities in our ment. I don’t have very many of those am just asking that we have an attack national forests—be it timber har- fancy words; I have to write them of common sense—just common sense, vesting, be it watershed restoration, be down. everyday common sense that the rest it trail building, be it maintenance, or But it is funny what you can see from of America uses every day just to sub- be it for the prevention of fire. I guess horseback. Sometimes you can see over sist. this is one reason you can’t run a pret- tall mountains and tall buildings and I yield the floor. ty good ranch or a pretty good farm over very high-minded ideas that don’t The PRESIDING OFFICER. The Sen- that depends on renewable resources by work. They have never worked; they ator from Idaho. a committee, for the difference of opin- never will work. So, too, when biologi- Mr. CRAIG. Mr. President, I come to ion on how we should do things. If left cal diversity is considered, conserva- the floor to visit with my colleague to that, we would never get in a crop. tion biologists insist on treating habi- from Virginia who has offered an America would never have a substan- tat as the source of wildlife and plant amendment to strike section 329 of the tial, sustaining supply of food. diversity and resist focusing on indi- Interior appropriations bill. I am The emphasis the Forest Service has vidual species. They have always done pleased that he is on the floor. I am ex- placed on habitat availability instead that. tremely pleased that he listened with of counting the members of individual We have embraced that philosophy great attention to the Senator from species is exactly the policy advocated and that approach. That means we can Oregon and the Senator from Montana, by the environmental community. I do something about managing our land and that he will listen to this Senator wonder, at this time when they change in the highest standard of environ- from Idaho whose State is 63 percent the policy, what is the motive here? mental protection and still harvest the owned by the Federal Government and What is the motive? Is it us against crop with which the God above has so whose policy as to how those lands are them? I don’t think so. I don’t know of blessed this country. managed is determined on the floor of anybody who stands in this body to Finally, the capstone of this adminis- the Senate by this Senator, the Sen- decimate the environment. But I won- tration’s wildlife policy is the habitat ator from Virginia, and others. der, of all the fires that are burning in conservation planning and incidental I listened to the Senator this after- the West today, if a little management take, permitting it is conducting with noon as he offered his amendment to on fuel buildup could not have pre- private landowners helping them pro- strike section 329. I must tell you that vented some of those. But somebody vide habitat for endangered species. I listened with a degree of frustration, thought a mouse was too important How can a man stand here and even certainly in no disrespect to the Sen- that we can’t disturb the land, and it talk about endangered species when ator, but to what I sensed was a lack of burns. you have only one crop that you get understanding of what has brought us Virtually every environmental orga- paid once a year for and you see wolves to this issue and why the Appropria- nization has insisted the law be re- killing right out of your own pasture tions Committee found it necessary at formed to address habitat protection not 300 feet away from where you live? this moment in time to speak out and and away from narrow species-by-spe- And there is not a thing you can do to clarify public policy that the Sen- cies focus. Indeed, the provision in the about it. ator from Virginia is trying to undo. Endangered Species Act that the envi- Does anyone want to go out and face The Senator from Montana, the Sen- ronmentalists most frequently quote in that man and tell him and his family, ator from Oregon, myself, and others both the Senate and the House, and in well, we have some folks that like to from large public land and forest Federal courtrooms across the country, hear that yipping and howling? After States have grown tremendously frus- is the first phrase in the statement of they get done with their kill, they will trated not by just this administration purpose in section 2(b): go across the creek, which is only but by public policy that puts all of us The purposes of this Act are to provide a about 400 yards, and they will lay there at odds. That arguably does not pro- means whereby ecosystems upon which en- and they will rest until they get hun- vide the kind of environmental protec- dangered species and threatened species de- gry again. That is almost unbelievable tion many of us would like and that pend may be preserved. to me. would allow the balance between envi- Now, we can argue on philosophy, but That is what we are talking about ronmental protection and under that I think we are arguing on politics, and here. We are talking about something important umbrella the effective use or what is at stake is families. Also, what that doesn’t work. We are talking utilization of our resources like tim- is at stake is the forest itself. I invite about people who are very smart and ber. the Senator from Virginia to go with very intelligent but have little or no So we had a judge in the Eleventh me this weekend. I will take him up in wisdom—higher than thee, elitist—who Circuit who probably really has never the Yak, where we have infestation of prevent men and women who were born been West, nor does he understand the the pine beetle, dying trees, and a for- of the soil, born of the land, worked the West, make a ruling on a ground-dis- est that would just shock him. It would land, and will die and go back to the turbing activity of the Forest Service absolutely shock him to his shoes. He land. I guess one could say we are all on its lands and say that you haven’t would be devastated, looking at that just circling the brink because that is studied thoroughly enough how that forest. Yet the environmental commu- where we are going to go. Maybe you activity contributes to the demise of a nity has made up its mind that we are never know how that is going to turn plant, a fungus, a slug, a snail, or an not going to harvest; we are going to out. exotic animal. This judge went against let it burn. I don’t think that is why Despite the solid momentum away decades of science, and even nine court the Senator from Virginia wore the from attention to single species and to- decisions that had largely said the For- uniform as long as he did, to protect ward consideration of habitats, we now est Service was doing an adequate job that kind of mismanagement of the see the very advocates of this approach in its overview of the endangered spe- country he so loves, or even the people criticizing it in their attacks on sec- cies responsibility under the Endan- he so loves. tion 329. I wonder how they will feel gered Species Act through an environ- The administration has been even when they are successful in stripping mental impact study. more adamant in insisting on a habitat 329 from the bill only to discover that The Senator from Oregon was talking approach to wildlife protection. That is the U.S. Forest Service—one of the about the judge’s decision in the Elev- what they told us when they first came first agencies to adopt a habitat ap- enth Circuit being picked up by the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10575 judge in the Ninth Circuit, and without That is, when you are doing these sur- National Forests in the home State of any real consideration, just arbitrarily veys use the appropriate science, the the Senator from Virginia? Not much spreading across the pages of his deci- indicator species, in making the deter- timbering in his home State, but there sion: Well, if it is good enough in the mination as to how to mitigate for a is a lot of ‘‘people’’ activity, a lot of Eleventh Circuit, it is good enough in surface-disturbing activity. However, trails, a lot of management and road the Ninth. the chief of the Forest Service isn’t building. Flood control in the Cascade Ironically, in the Ninth Circuit, what here tonight nor was he willing to National Recreation Area, a contract the Senator from Oregon was talking stand up and speak out loudly. involved with repair and construction about was the most comprehensive, What this administration I think is of four bridges and relocation of por- above the level of science that has been saying, and I trust that it has to be as tions of the trail and stone structures practiced, reviewed, and mandated reasonably disturbing to the Senator and retaining walls. All of it is surface- under the President’s own forest plan. from Virginia as it is to this Senator disturbing activity; all of it because There was a comprehensive effort be- from Idaho, is continue to work someone didn’t like it, a lawsuit is tween the Forest Service and U.S. Fish through the court process. We think we filed, and a judge stops it because the and Wildlife Service and National Ma- can work this out. Forest Service doesn’t know how to do rine Fisheries that all aspects of the Ironically enough, their working it these kind of things. disturbance would be studied before out means they have already lost 3 No, not at all. Because the Forest these timber sales or other activities lawsuits, they have already lost 3 Service didn’t examine whether repair- would go on. times. They are still saying: Trust us, ing an old trail wall disturbs a lichen As a result of that, I think it is tre- we know how to work it out. or a moss on the wall of stone that was mendously important for the Senator Even the forest plan that the Presi- originally put there by man himself. from Virginia to understand—I serve dent himself staked his public land rep- That doesn’t make much sense, does it? on the Appropriations Committee—we utation on is in the tank out in Oregon, But that is exactly what striking sec- did not attempt to do anything ex- Washington and northern California. tion 329 will do. traordinary. We just tried to say in Thousands of people will be out of work I wish the Senator could stand up and public policy that what the judge in this winter because this President say let’s abide by science, let’s not play the Eleventh Circuit had done, what wouldn’t stand up and ask his chief of this out in the courts anymore. Let’s the judge in the Ninth Circuit was the Forest Service to fight for what he empower the chief of the Forest Serv- doing, and what a judge in Texas has originally said he thought was right. ice and the assistant secretary of agri- already picked up on is really outside He says: Let us work through the culture and the President himself. I science. court process. don’t find myself on the floor of the A committee of scientists empowered How long will it take? We don’t United States very often defending this by this Secretary of Agriculture, Dan know. A year, until after the next elec- President. I don’t think he has had Glickman, just this last year reported tion? Possibly. good public land policy. But in one back to the Department of Agriculture What is most important for the Sen- area where he really tried, now he him- and to the U.S. Forest Service that the ator from Virginia to understand is self will not even defend his effort. His science they were using that the judge that what is in 329 is not outside the chief of the Forest Service is trying to in the Eleventh Circuit knocked down law. Let me read the language: avoid the pressure by environmental was the right science—that you use in- The Bureau of Land Management and U.S. groups who see this exactly the way dicator species, that you didn’t need to Forest Service shall use the best available the Senator from Oregon spoke to it science and commercial data in amending this evening: A way to turn the forest get out on the ground and count every and revising resource management plans for plant, or animal, or microorganism. and offering sales, issue leases or otherwise off. It was unnecessary to do this to de- authorizing or undertaking management ac- They will not only stop logging, they termine the kind of impact that a tivities on, land under their respective juris- will turn your forests off. They will at- ‘‘Ground disturbing activity’’ would diction. tack any surface-disturbing activity, have on the ground. But it was very Where does the language come from? even if it is a trail, a trail head, or a important for the state of the science Not out of the mind of the Senator campground that may facilitate the involved to use the indicator species from Washington who is the chairman very citizens of the State of Virginia concept that had been used and upheld of the Interior appropriations sub- who enjoy their public lands and their in nine different court decisions as the committee. It comes out of endangered two national forests. right approach. species law. It comes out of the act As the Senator from Virginia knows, I guess what I am saying to the Sen- itself. It is the operative language that in the mid-1970s we passed the National ator from Virginia tonight is how long drives the Endangered Species Act. It Forest Management Act. That was to do we fight? How long do we see this is not new language. It is not new law. direct the most comprehensive review kind of conflict that stops all kinds of Then we go on to say, of every forest in the United States. activity before the Senator from Vir- Provided that the Secretaries may at their From that was to come a management ginia is willing to stand up with the discretion determine whether any additional plan and a way to execute that plan. Senator from Idaho and do what is our information concerning wildlife resources The Senator from Virginia knows as do responsibility, and that is crafting shall be collected prior to approving any I that he and I and the taxpayers spent sound public policy that disallows the such plan, sales, lease or activities. nearly a quarter of a billion dollars de- courts and the judges from being the Full discretion to the secretary, to veloping those plans. It was the most public land managers of our States. the managing agency. Not new law. comprehensive land-planning exercise Yet the Senator from Virginia to- Empowering them to do the right thing in the history of the world. We devel- night says: I want the judge to decide. with their scientists and their exper- oped computer models. We looked at But he didn’t really quite say it that tise. That is what we are doing. We are every aspect, every watershed, all of way, and it would be unfair. What he is empowering Bill Clinton. We are em- the character and the nature of this saying is, let the process continue to powering Mike Dombeck, the chief of public land. It was right that we did so. go forward. the Forest Service. Yet they are say- Our forests now operate under those I am extremely disappointed that the ing, just work this out through the plans. Every activity was viewed chief of the Forest Service is not in the courts. What if they lose the fourth through a grid that determines wheth- gallery tonight saying to the Senator time and it is a year from now and no- er they are endangering a species of from Virginia: You shouldn’t be doing body is in the mills and nobody is any kind. That is what I spoke to a few this. working and thousands of people are moments ago. However, that whole ef- What the Senator from Washington, out of work in Oregon, Washington and fort cost a quarter of a billion dollars, Mr. GORTON, put in this legislation al- northern California? or near that. lows the Forest Service to continue to Or should we talk for just a few mo- What the amendment of the Senator do what the courts and a team of sci- ments about the activities on the would do, and if the courts were to entists said is the right thing to do: George Washington and the Jefferson win—not the policy makers that we

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10576 CONGRESSIONAL RECORD — SENATE September 8, 1999 were elected to be, but a judge, an ap- huge portion of their budget came from the premise of the judge from the elev- pointed judge who does not know one timber sales, the Twenty-Five Percent enth and the judge from the ninth cir- thing about the forests in Oregon or Fund. The Senator may be familiar cuit, that those kinds of effective stud- Idaho because he is reviewing an activ- with it. For every tree that is cut, the ies were not done on a given disturbing ity in a forest in the State of Georgia, counties and the schools got 25 percent activity in my State. Then it will he is saying get out there on your of the stumpage fee. We are not cutting apply further into my State. hands and knees with as many sci- trees in that area anymore, even Those are the issues. I hope our col- entists as you can muster and count though there are millions of acres of leagues are listening tonight. I under- and look at every little tidbit. trees there. As a result, the school had stand we will debate this tomorrow The Senator from Oregon went to decide whether to have an athletic some, but we will vote on it. through that litany of mosses, snails program or hot lunch program for the To reiterate, I oppose the amendment and critters tonight. It is estimated, kids. They are struggling, taking dona- by Senator ROBB that would remove just estimated, that to do that kind of tions from the community to have hot Section 329 of the Interior Appropria- an evaluation on an acre-by-acre basis lunches. I don’t know whether that’s tions bill. This effort is misguided and across the landscape of the public for- happening anywhere in Virginia, tak- I strongly urge my colleagues to under- ests of our country would cost 5, 8, or ing donations to have a hot lunch pro- stand the need for this Section if our $9 billion dollars. The Senator from gram to feed kids. But the Senator’s national forests are going to continue Virginia knows, as do I, we will not ap- amendment has an impact on that kind to function. The Section simply clari- propriate that money. That kind of of caring event. fies that despite recent circuit and dis- money doesn’t exist and that kind of I wanted to personalize this because I trict court decisions, the Secretaries of money should never be spent on this don’t think, when the amendment to Agriculture and Interior maintain the kind of activity. The scientists who are strike came to the floor, there was an discretion to implement current regu- good scientists—not judges, and not en- understanding of the immediacy of the lations as they have been doing for vironmentalists who want to see the impact of this kind of decision. It was nearly 2 decades. world shut down—are saying that the just some neat environmental vote During the past two decades, nine standards and the tests and the indi- that we would have because that is separate court decisions have backed the way the Forest Service has been cator species and the work that is what a lot of the environmental com- conducting their surveying populations being done today is thorough, adequate munity wants. This is a test vote of by inventorying habitat and analyzing and responsible. Yet the amendment of some kind. It is not a test vote on anything existing population data. the Senator denies that because that is On February 18, 1999, the Eleventh other than a political idea. It does not the exact language that was put in this Circuit Court of Appeals determined bear out consistently good policy be- section of the appropriations bill. that the Forest Service must conduct Why is it important we do it now? We cause we have good policy in this area. forest-wide wildlife population surveys heard from the Senator from Oregon. I We have scientists from around the on all proposed, endangered, threat- have been to John Day and I have been world saying we do it better than any- ened, sensitive, and management indi- to Roseburg. Those are mill towns. place else. Yet a judge simply said no, cator species in order to prepare or re- Those are little communities with mil- you don’t. You don’t do it the way I vise national forest plans and on all lions of acres of public timber land think it should be done, and therefore ‘‘ground disturbing activity’’—not just around them. The people who live there I want you to do it differently. timber sales. Never before has such an That is the crux of the debate. There make their livelihood from logging. It extensive, and frankly impossible, are all kinds of opinions around it. But has changed some because logging has standard been set by the courts. diminished dramatically in those I must say, to an administration that Another ruling on August 2, 1999, in areas. has three times lost this battle in Federal District Court in Seattle, on a But what the action of the Senator court, for them to step up now and say, similar case, jeopardizes the Presi- from Virginia is doing, if he is success- trust us, let’s work it out, without an dent’s Northwest Forest Plan, and has ful, is it turns off those timber sales, alternative plan, with the idea we will already begun to stop most if not all nearly 500 million board feet of timber work it out and get to the point and ground disturbing activity in the that would keep those mills operating they lose another lawsuit and we are 12 Northwest. through the winter and into the spring. months down the road and the people These rulings result in paralysis by Because no longer do we operate on a 3- in Roseburg or John Day are not back analysis. It would require the Forest year pipeline, they call it, where you to work? Service to examine every square inch have timber adequate in the pipeline It is not impacting my State at this of the project area and count every ani- for a 3-year period. That ended with moment. But here is what happens in mal and plant—even every insect—be- the Clinton administration. Now we my State. It is like a West Virginia- fore it approved any activity. are on nearly a timber sale by timber Virginia relationship. If they are not The cost to carry out such extensive sale basis. cutting trees in Oregon, even under the studies—studies which have never been Yet, remember the reduction in tim- President’s plan, and these mills are required before—could be approxi- ber sales that the Senator from Oregon deprived of trees and people are out of mately 9 billion dollars. How do we do talked about? We are not talking about work, that mill operator comes into this? Because the Forest Service does cutting anywhere near previous levels. Idaho looking for timber sales. He bids contract for population inventorying We have an 80 percent lower cut in 8 up the price well beyond where it ought on occasion. A population trend survey years. And even that which this Presi- to be, takes a timber sale out of Idaho, requires two studies. If we extrapolate dent said was adequate, right, respon- puts those logs on a truck and heads from the $8,000 cost of one plant inven- sible and environmentally sound, a them west over the Cascades into Or- tory, we reach $38.1 million for the judge now arbitrarily has taken away. egon just to keep his people working. 864,000 acres within the Chattahoochee So that is why we are on the floor this So my mill in Orofino, or a place like National Forest where this decision evening. This is one of the most time that, is with less timber at a time originated. If applied to the 188-million sensitive amendments, directly relat- when we are hardly cutting any tim- acre national forest system, the cost ing to jobs and people’s well-being, ber. And we have simply pitted one reaches $8.3 billion. that is in this legislation. against another. That is not good pol- We appropriate roughly $70 million Let me close by one other analysis. I icy either. But ultimately that is what for forest inventory and monitoring. was in one of my communities, can happen and that is what will hap- Are we prepared to shift the $9 billion Grangeville, Idaho County, Idaho, a big pen in my State, even though this necessary for this new standard? If not, county right in the heart of my State, judge’s decision at this moment does this recent interpretation forces the with 70-plus percent, 80 percent public not impact us. Forest Service to shut down until the lands. In one of those communities But failing Congress’ ability to estab- Agency can apply the new standard. they started their school year with no lish and clarify this policy issue, some The purpose of Section 329 is not to hot lunch program. Why? Because a group will file a lawsuit and argue on change the court decisions or set a

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10577 new, lower standard. It is simply to have to say in particular, with respect one in the administration is talking clarify that the existing regulation to the distinguished Senator from Or- about anything that would cost any- gives the discretion to the Forest Serv- egon talking about some of the people thing in that range. ice and the BLM when determining in communities which he has visited, The essence of the court decisions what kind of surveys are needed when the same phenomena has occurred to were on a very limited scope. The court management activities are being con- all of us at one time or another. All of said, if you tell us that this is the plan sidered. us truly feel the intense pain that you want to put into effect, that you Some of my colleagues would argue those families suffer. In many cases agree to put into effect, then the least that this is an issue for the authorizing that suffering comes to them because you ought to do is try to follow that committees to deal with. I agree. This of activities that have been taken in plan. is an issue that absolutely should be terms of Federal trade policy, some- The problem in the Eleventh Circuit, dealt with by those committees. They times because of innovation in various if my memory serves me correctly, was need to determine whether the agen- manufacturing techniques, moderniza- with 32 of the 37 species, absolutely cies have been correctly interpreting tion of equipment—lots of reasons that nothing was done. The court is in the their regulation for the past 17 years. long and established communities are position of saying, we will give great They need to determine whether it is adversely affected. Any of us who do deference to the Forest Service, to sufficient to inventory habitat, rely on not relate to that and have a sense of other administrative agencies, to regu- existing population, consult with state compassion—we may disagree on a par- lators, to anyone else who is involved, and federal agencies and conduct popu- ticular item at a particular time, about but you cannot simply do nothing and lation inventories only for specific rea- what is the best way to approach a par- expect us to simply say it is OK not to sons. ticular challenge that we face, but I pay attention to your own rules and But I argue that the appropriations don’t think any of us lack compassion regulations. process should not be made to bear the for those families or want to be in a po- That is what both of the cases are burden while the authorizing commit- sition where we are doing anything about, and that is what distinguishes tees study the question. All section 329 that hurts more than helps. In this par- the cases which trouble the Senators does is to preserve, for the next year, ticular instance, I would have to say from the Northwest from the other the status quo as it existed on April 8, one of the comments made by my cases. 1999. Otherwise, our already limited re- friend from Oregon was ‘‘let science de- In the other cases, the judge was able sources will be further overwhelmed if cide.’’ That is really what is at issue to rule in such a way that the logging we are required to fund this new stand- here. could continue, whatever land dis- ard. We see the issue differently. But in turbing operations could continue. We I urge you to oppose this amendment this particular case, science has deter- are not talking about a situation where and support sensible management. mined at this point, and the board of every single species, some of which We are appropriating roughly $70 mil- scientists the distinguished Senator re- none of us could identify if we were lion for forest inventory monitoring ferred to has suggested, that there are given a chart of all the species involved this year. There is only $70 million in means of establishing the health of the because they are so rare, had to be the Federal budget. Yet it is now esti- forest that will require indicator spe- counted. That is what indicator species mated that this will literally cost us cies measurement. None of the deci- are for, to simply be able to track in billions of dollars if the Senator from sions require counting all species, some limited way some species as an Virginia and the Senator from Idaho every single species. In fact, the only indication of how all the species are cannot stand up and look some of our species I am aware of that is measured faring under various changes that radical friends in the eye and say: That in terms of every single member of the might affect those particular forests or is not good policy. You are not the pol- species is the Condor count. That is a those particular areas. That is really icymaker and your lawsuits and your truly endangered species. I know of no all we are saying. judges are not either. We are. We were other. There may be. In this particular case, the Forest elected to craft policy. The Senator In any event, we are talking about Service, BLM, the Interior Depart- from Virginia and I are responsible doing something. The reason these ment, the Department of Agriculture, only if we take that kind of leadership cases were decided the way they were and the heads of those agencies have position. and other cases were decided dif- said that section 329 is likely to cost a That is the kind of leadership posi- ferently is because the rules that had great deal more money, is not likely to tion that Senator GORTON took in the been established, the plan that had do exactly what they purport to ad- appropriations bill. He did not go out- been established by the Forest Service, dress but have exactly the opposite ef- side the law and he did not go outside and that they had agreed to follow, fect. practice. He mandated and requested wasn’t followed. In this particular case, the Agri- the Forest Service of the United States The Northwest forest plan came culture Department, the Interior De- act responsibly, under the Endangered about in very large part because of the partment, the BLM, and the Forest Species Act, and gave them the guide- timber wars, the very difficult situa- Service make it very clear that what is lines to do so. That is what section 329 tion that every Member of the North- proposed is more likely to be counter- does. west delegation of this body remem- productive, but that is beside the That is leadership. Falling back into bers. point. They are acknowledging that a the arms of the judge and simply seek- As a result of the compromise that standard has been recognized by the ing the will of the courts is not. I hope was entered into, opened up some log- Eleventh Circuit case and that they did my colleagues would join with me to- ging—I recognize the 80-percent factor not meet that standard. They believe morrow and oppose a motion to strike. the Senator from Idaho and others they should be held to the standard, I yield the floor. have used—at least some logging was and that is what they are prepared to The PRESIDING OFFICER. The Sen- conducted and the gridlock that had do. That is what adaptive management ator from Virginia. existed prior to that time did not con- practice is all about. This is not the Mr. ROBB. Mr. President, first let me tinue. They have been operating under kind of absolute foreclosure that my address my colleague and friend from this provision, the Northwest Forest friends on the other side have rep- Idaho, who is one of the four Senators Plan since that time. resented it as. who have spoken against this amend- I have heard repeated references to Plans are underway right now to ad- ment on the floor and tell him first of costs that are clearly beyond anything dress the challenges that were put to all I appreciate the sincerity of his re- anyone associated with the Forest the management agencies by both deci- marks and the concern he shows, and Service, BLM, the Interior Depart- sions. I submit the concern for the his colleagues have shown, for those ment, or the Agriculture Department Ninth Circuit case is considerably who face economic hardship because of would consider possible, or can even greater on the part of my friends from any decision that might be impacted understand frankly, because we have the northwestern part of the United by the Federal Government. I would claims of $5 billion to $9 billion, and no States than the Eleventh Circuit.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10578 CONGRESSIONAL RECORD — SENATE September 8, 1999 Nonetheless, the decisions simply Mr. President, I see no one else who or three years. In the meantime, traffic said to the Federal agency involved: If I believe wishes to address this par- will continue to back up and it will you say these are the rules that you ticular matter. We will have an oppor- take longer and longer to navigate are going to follow and you agree these tunity to provide closing arguments to- around our nation’s capitol. This kind are the rules that should be followed, morrow before this is taken up. of regulatory gridlock never used to and the scientific community has said I do not believe we have asked for the happen on the East Coast, but it has this is the way we can make the ra- yeas and nays. I request the yeas and been a common occurrence in the West. tional assessments and achieve the nays. I can guarantee you, however, that kind of balance that we are looking for, The PRESIDING OFFICER. Is there these kinds of regulatory activities then you ought to do that. objection? Without objection, it is so will continue until we receive regu- I share the frustration. There is al- ordered. latory relief and learn that increased ways an enormous frustration factor Is there a sufficient second? regulation does not necessarily mean when you are dealing with a situation There is a sufficient second. we are protecting the environment. that seems to be beyond the control of The yeas and nays were ordered. If we are seriously going to protect those who are most affected by it. I am Mr. ENZI. Mr. President, I rise in op- our environment, we need less regula- particularly sensitive to the State of position to this amendment and to ex- tion and more proactive programs par- Idaho where so much of the land is press my concerns regarding the in- ticularly on our national forests. The owned by the Federal Government, creased bureaucratic burden it would worst thing we could do, then, is add to owned by the people of the United place on the backs of America’s rural the gridlock and adopt this kind of States, and that makes this forum for communities. This amendment would amendment. decisionmaking so much more impor- require the Forest Service to conduct Mr. CLELAND. Mr. President, I rise tant, in many cases, than it is for other forest-wide wildlife population surveys today to voice my support for and co- States where the percentage of our on all proposed, endangered, threat- sponsorship of Senator ROBB’S amend- total land, the percentage of our total ened, sensitive, and management indi- ment to remove the Section 329 rider economic activity is less affected by cator species in order to prepare or re- from the Interior Appropriations bill. decisions that are made right in this vise national forest plans, and in every This rider would undermine sound particular Chamber. area of each national forest that would science in wildlife management in my The bottom line again is simply if be disturbed by a timber sale or any state and across the nation. It would the agency agrees to a particular other management activity. Such a re- suspend U.S. Forest Service and Bu- course of action, if the action is ration- quirement would put a virtual freeze reau of Land Management require- al, and reflects the fact we are not on all Forest Service activities and ments to research and monitor certain using the forest just as a place where would serve as a death knell for rural wildlife populations, integral require- logging can be carried out, but where economies. ments that the agencies themselves recreational and other environmental For more than fifteen years, the Fed- adopted as early as 1982. I strongly sup- elements are valued, then that one ac- eral Government has been at war over port this amendment and believe that tivity must be balanced against the how to manage our Western lands. The we should remove this rider. Section 329 attempts to overturn a others. result has been 15 years of gridlock In this particular case, a rational ap- recent court case, Sierra Club versus that not only locks up public lands and proach has been devised. It is flexible. Martin, issued by the 11th Circuit, threatens the health of our national It is being addressed at this particular which confirmed the agencies’ duties to forests, but it also locks up rural moment. An additional environmental monitor certain wildlife species in economies which have suffered from impact statement is in the process of order to make credible and well-in- dramatic economic disruption. preparation. formed management decisions. The The only real change that will come Economies in rural communities are 11th District Court unanimously ruled about from where the law is now, the not like economies in more urban set- that the Forest Service was not prop- only real change is whether or not the tings. Rural economies cannot make erly performing its responsibilities to public ought to have an opportunity to the kind of rapid adjustments that are inventory ‘‘rare’’ species in the Chat- participate and comment on the proc- available to more populated areas. tahoochee and Oconee National Forests ess. That is the only real change that When a timber company of about 50 as mandated by its own Forest Man- would be brought about by this par- people goes out of business in rural agement Plan. The court’s decision ticular rider, other than attempting to America, even though its number of does not expand monitoring require- legislate on an appropriations bill, thus employees may seem small under ments, but merely ruled that the abso- bypassing the administration, regard- urban standards, those fifty employees lute failure to collect any data or im- less of what party is in power, and by- can make up 20 to 30 percent or more of plement any monitoring of indicator passing the legislative process, bypass- the local work force. and sensitive species was not legal. ing the authorizing committee to Just as important, however, is the Monitoring the health of ‘‘indicator’’ which these arguments could be ad- impact that this kind of amendment and ‘‘sensitive’’ species is both sound dressed. will have on the future of forest health. science and good wildlife management. I am not at all insensitive to the con- The biggest threat facing America’s Indicator species act as proxies for cerns that have been raised by my col- forests today is the overriding threat other wildlife in the forest. That is why leagues who represent this particular of destruction by catastrophic wildfire. monitoring of indicator species was in- area. Indeed, I want to work with them This threat is particularly strong in cluded in the 1982 implementing regu- and the Forest Service, the BLM, the the West where our nation receives lations of the National Forest Manage- Interior Department, and the Agri- very little annual rainfall. ment Act and is included as an integral culture Department to see if we cannot Without a proactive forest health part of forest management plans adopt- find ways to address the specific prob- program that thins out the ever in- ed by the agencies. If we ignore what is lems that those communities, particu- creasing vegetation from our forest happening to these ‘‘indicators,’’ we larly those that have no other oppor- floors, we are only setting ourselves up are ignoring the impacts on the whole tunity for economic activity, are faced for disaster. forest. Collecting new and important with at this particular time. Haven’t we learned anything from data is the only way to ensure that our The way to do it is not to put an en- the debate over the Wilson Bridge? land mangers are using the most up-to- vironmental rider on an Interior appro- When local communities decided to im- date and accurate scientific informa- priations bill which bypasses the Fed- prove the Wilson Bridge along the infa- tion. By limiting decisions to ‘‘avail- eral administrative process, bypasses mous Washington Beltway they able’’ science as this rider would dic- the legislative process, and simply at- learned near the end of their process tate, Section 329 turns a blind eye to tempts to write into law something that they had to go back and complete the information we need to make the that has not been approved by either a full blown EIS. Because of this regu- best possible management decisions. section and which is, indeed, actively latory requirement, the Wilson Bridge I understand that some argue the opposed by representatives for both. now will not be built for another two best ‘‘available’’ definition is the same

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10579 rigid standard set forth by the Endan- In closing, it is clear that the Forest to the State of California and the City gered Species Act. While true, this is a Service’s own National Forest Manage- of Long Beach. complete misrepresentation of the ment Act regulations require moni- In fact, I am very pleased that they law’s intent. The intent of best ‘‘avail- toring of certain, but not all, resident brought that up because the case has able’’ information for Endangered Spe- wildlife to ensure that land managers actually been settled just in the last cies is to encourage swift listings of are using the most up-to-date and ac- couple weeks. In fact, the Senators animals so that we avoid risking the curate scientific information in their from California and Illinois mentioned extinction of such animals. Associating decisions. Now, I understand that every that several oil companies had settled this definition with determining the single species of plant and animal can- because they, for whatever reason, did status of animals in a National Forest not and should not be documented in not want to go forward with the costly section scheduled for timber harvesting these inventories. However, I believe litigation. But Exxon decided not to runs completely contrary to the intent that in order to protect species from settle, and the Arco employee did tes- of the Endangered Species Act version becoming threatened and endangered, tify in the Exxon case, under oath, that which is to protect species. Applying the Forest Service must employ effec- the oil companies were misstating the this definition when making forest tive measuring techniques which will value of the royalties they owed to the management decisions risks the habi- provide accurate estimates. These esti- State and to the City of Long Beach. tat and future of both ‘‘sensitive’’ and mates are critical to making sound This case went to a jury, a jury in ‘‘endangered’’ species by not having ac- management decision. I believe that California of 12 citizens. The jury found curate and current data upon which to this rider short circuits both the Sen- that the Arco employee was not cred- make these decisions. Each forest man- ate’s ability to provide proper over- ible. The jury of his peers determined ager will be without guidance and our sight and the Forest Service’s process that the Exxon Corporation had not national lands will be managed accord- for amending forest management plans. cheated the taxpayers of California or ing to the whims of individuals rather I urge my colleagues to remove this the City of Long Beach, and they threw than the interests of the public. rider and vote in favor of this amend- out that suit from Long Beach and the In my own state of Georgia, National ment. I thank my colleagues and yield State of California. Exxon showed that Forests provide a refuge for black bear, it had not undervalued its oil. This was migratory songbirds, native brook the floor. Mr. ROBB. Mr. President, seeing my a suit for $750 million. trout, and an incredible diversity of friend from Texas on the floor, know- So the Arco executive who testified aquatic species. Some of these species under oath was in fact discredited in are already listed under the federal En- ing that she has plans to address an- the court, and the jury found that the dangered Species Act. Many more may other of the pending amendments, I Arco executive was not persuasive. I be listed in the future if we ignore the yield the floor. Mrs. HUTCHISON addressed the warning signs. The smart, economical say that because so much was made of approach is to monitor and conserve Chair. it, as if the case had gone the other The PRESIDING OFFICER. The Sen- ‘‘sensitive’’ species before they reach a way. But 12 citizens in California got ator from Texas. crisis state and are listed on the endan- together and the jury verdict was in gered species list. By avoiding such PRIVILEGE OF THE FLOOR favor of Exxon. listings, we have the maximum amount Mrs. HUTCHISON. I do intend to ad- But having said that, I have said of flexibility and the costs of conserva- dress the issue of my amendment, but from the very beginning that the law- tion are low. Unfortunately, Section first I ask unanimous consent that suits are not an issue. If any oil com- 329 discourages land managers from privileges of the floor be granted to pany did not value correctly under the doing just that. William Eby during the pendency of present law or regulations, they ought I understand that, in reaction to the the Interior appropriations bill. to pay. So it has never been an issue. court decision, the regional forester for The PRESIDING OFFICER. Without You would think, from the rhetoric of the Chattahoochee and Oconee Na- objection, it is so ordered. the Senator from the State of Cali- tional Forests is amending its forest AMENDMENT NO. 1603 fornia, that this amendment had some- management plan and this rider com- Mrs. HUTCHISON. Mr. President, as thing to do with companies not paying pletely short circuits that process. was unanimously consented to earlier their fair share under the present law. Amending the Forest Management in the evening, Senator GORTON re- Nothing could be further from the Plan is the proper method for handling quested that all of the arguments on truth. these kinds of issues. It allows for Pub- the Hutchison amendment be put to- In fact, what we are talking about is lic Comment and Participation and gether. So I ask unanimous consent changing the valuation of oil royalties. also allows for Sound Science to be uti- that my remarks be put following the We are talking about unelected Depart- lized and reviewed. The Forest Service Boxer remarks on the Hutchison ment of Interior employees, who have has stated that this rider, ‘‘Overrides a amendment, which I think is the next no accountability, usurping the rights Federal Court Ruling, agency regula- in line, in order to keep them in the of Congress to set tax policy in this tions, and resource management plans same area so that they will follow country and affect oil jobs to a huge that require the Forest Service and Bu- along. extent. reau of Land Management to obtain The PRESIDING OFFICER. Without The fact of the matter is, what we and use current and appropriate infor- objection, it is so ordered. are trying to do with the amendment, mation for wildlife and other resources Mrs. HUTCHISON. Mr. President, I with the Hutchison-Domenici amend- before conducting planning and man- do want to address some of the issues ment, is we are saying we want it to be agement activities.’’ Note the language and some of the facts that were mis- fair, we want to continue the morato- that resource management plans re- stated by the Senator from California rium until the Department of the Inte- quire the agencies to obtain and use because I think it is very important rior has a fair valuation that accedes current and appropriate information. It that the RECORD be set straight. I at- to the wishes of Congress, because Con- does not say, see what data you can tempted to correct the Senator from gress makes the laws. That is the pre- scrounge up and use that. California while she was speaking, but rogative of Congress. That is the re- Considering the Senate’s recent de- she preferred to continue to speak, so I sponsibility of Congress. And it is fur- bate on Rule 16, it is clear that this want the RECORD to be very clear on ther the responsibility of Congress to rider is attempting to legislate on an some of these important facts. stand up when they delegate authority Appropriations bill. I believe that con- First, the Senator from California to a Federal agency to make a rule and tentious authorizing language such as and the Senator from Illinois made that Federal agency does not do what this should have the benefit of a full re- much of the testimony of a former ex- Congress intended for it to do. view by the authorizing Committee ecutive from Arco who had testified, Only Congress can step forward and which has jurisdiction over these mat- they said, under oath that oil compa- say: No, we did not intend to raise oil ters. These important decisions should nies had in fact misstated and actually royalty rates the way you intend to do not be done through an environmental tried to hide the value of the oil and it, so we are going to put a moratorium rider on an appropriations bill. not pay their fair share in oil royalties on your rule until you do an oil royalty

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10580 CONGRESSIONAL RECORD — SENATE September 8, 1999 rate that is simpler, fairer, will be people will know what the law is and Hutchison amendment, I hope she will right for the citizens of our country what they must do to comply. Not the talk to them. They will assure her that and right for the oil industry that is MMS. They have one opinion here and this is going to put one more chink in very important to this country. So one opinion there. Congress asked their ability to create jobs and con- that is what we are talking about them to make it simpler, and they tinue to drill oil and natural gas in our today. have gone far beyond what Congress in- country, rather than choosing to go I did not like the tone of the rhetoric tended. It is our responsibility to make overseas where it is much cheaper to that ‘‘oil is bad,’’ that ‘‘big oil is sure they do what is right for the tax- do it and where you don’t have to pay worse,’’ that ‘‘everything about oil payers of America. That is what the as much as we pay in America. companies is bad.’’ I thought I was Hutchison-Domenici amendment will I hope very much that she will recon- back in the 1960s when it seemed that assure they do. sider, knowing that all of the small ‘‘business was bad.’’ Well, business is This is not an industry that has had companies are affected by this new rul- people. Business is jobs. Business is an easy time in the last year and a ing. people. half. In fact, oil prices have been lower I will read from some of the letters of My heavens, why wouldn’t we want than ever in the history of our country, people and groups that are supporting business to be successful in America so adjusted for inflation, $7, $8 a barrel, a the Hutchison-Domenici amendment. that we have jobs in America? Some- lot of that because of the glut of im- People for the USA writes: times when I hear people talking about ported oil on the market. We have lost Dear Senator HUTCHISON: We support your the ‘‘big bad oil companies,’’ I think: half a million jobs in the oil industry fight to simplify the current royalty calcula- Do you want more foreign oil, more in the last 10 years. We are importing tion system. On behalf of 30,000 grassroots foreign jobs, rather than American jobs 57 percent of the oil in our country. If members of People for the USA, I want to and American revenue? we have bad oil royalty principles, it thank you for your diligent efforts to bring I think we have a choice here. Those also affects natural gas, which is the common sense to royalty calculations on ‘‘big bad oil companies’’ are the basis most important substitute fuel in Federal oil and gas leases. Energy Secretary of the California teacher retirement many of our coal burning areas. Nat- Bill Richardson has suggested that domestic system pension plan. They are a very ural gas is much cleaner, better for the oil field workers look to opportunities over- seas. Senator, an administration that talks important part of the stability of re- environment than coal. So when you about kicking American resource producers tirement for California teachers, and start tampering in a negative way with out of the country has a badly skewed set of Texas teachers, for that matter, and the oil royalty rates, you also are priorities. going to affect the price and avail- probably Illinois teachers as well, be- That is signed by Jeffrey Harris, Ex- ability of natural gas, because natural cause the big oil companies have been ecutive Director. a stable source of dividends for maybe gas, of course, is a byproduct of drilling The National Black Chamber of Com- 100 years. for oil. If you discourage our American merce writes: I don’t know when the big oil compa- companies and our American people nies first started, but they have been from being able to get our own oil re- Dear Senator HUTCHISON: The efforts of good citizens for our country. They are sources, you are also cutting back on MMS are, indeed, ludicrous. Collectively the national economy is booming and the chief the basis of pension plans and retired our supply of natural gas. That could subject matter is ‘‘tax reduction,’’ not ‘‘roy- people’s security all over our country, be dangerous to our economy and dan- alty increase,’’ which is a cute term for tax and they do create thousands of good gerous to the people who live in our increase. What adds salt to the wound is the jobs. country who depend on natural gas to fact that despite a booming economy from a So I do not think we have to beat up heat their homes. national perspective, the oil industry has not on oil companies. They are part of our I think it is important we put this in been so fortunate and is on hard times. We economy and they are part of the secu- perspective. It is important we look at need to come up with vehicles that will stim- rity of our country. And, oh, by the what we are talking about. Senator ulate this vital part of our economic blood- stream, not further the damage. way, since 1953 they have paid more BOXER said the new rule would only af- than $58 billion for the right to drill on fect 5 percent of the oil companies, and That is signed by Harry Alford, the people’s land—$58 billion in oil roy- it would be just the big oil companies. President and CEO, National Black alty payments. She said she supports small oil compa- Chamber of Commerce. If they did not pay their fair share, I nies. Well, I hope she will, because if Citizens for a Sound Economy: want them to pay their fair share. So she will, she will support the The 1999 Omnibus Appropriations Act in- talking about settlements and lawsuits Hutchison-Domenici amendment be- cluded moratorium language concerning a is not really an issue, even though a cause it is the Hutchison-Domenici final crude oil valuation rule, with the ex- jury of their peers in California did find amendment that will keep our small pectation that the Department of Interior that Exxon had not cheated in any producers in business after the dev- and industry would enter into meaningful way. negotiations in order to resolve their dif- astating effects of low oil prices from ferences. Unfortunately, more time is still That isn’t the issue. The issue is, we the last year. needed for government and industry to reach want them to pay. In order for them to In fact, every single oil company is a mutually beneficial compromise. pay a fair share, they need to be able to affected. There are 2,400 producers with It is signed by Paul Beckner, Presi- know exactly what they owe, and that Federal leases. Only 70 of them are not dent. is why we hope the MMS will simplify classified by the SBA as small busi- the regulation. In fact, the MMS re- nesses. All 2,400 are opposed to this new Citizens Against Government Waste: fuses to even abide by its own previous rule that will require them basically to Passage of this provision in the Interior rulings. So an oil company that is try- pay taxes on their costs. The small oil Appropriations bill will provide the time ing to do the right thing goes to a pre- companies that the Senator said she necessary for the MMS and the industry to reach a fair and workable agreement on the vious ruling on how oil is valued in a would support are very opposed to her rule benefiting both sides. particular place, in a particular way, position. They are for the Hutchison- and the MMS says: No, we are not Domenici amendment because they It is signed by Council Nedd II, Direc- going to be bound by what we did in an- don’t want a new rule that would sec- tor, Government Affairs, Citizens other case. ond-guess sales of oil at the wellhead Against Government Waste. That walks away from the value of and make fuzzy exactly when the oil Frontiers of Freedom: precedent that is the hallmark of our should be valued. They don’t want a In a misleading letter dated July 21, 1999, judicial system and the regulatory sys- new duty to market and incur the costs detractors of the Hutchison-Domenici tem in our country. In most instances, of marketing and selling the product amendment allege it will cost taxpayers, the IRS most certainly abides by its school children, Native Americans and the and bear the cost without any allow- environment. That is not so. It is time to set previous rulings. They give opinion let- ance. They are very concerned about the record straight. This amendment does ters that people can rely on so they can this. not alter the status quo at all. This amend- pay their fair share of taxes. Courts set If Senator BOXER believes that the ment says to Secretary Babbitt, spend no precedents with rulings every day so small oil companies are against the money to finalize a crude oil valuation rule

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10581 until the Congress agrees with your proposed This is nothing short of a backdoor tax via Fred L. Smith, Jr., President, Competi- methodology for defining value for royalty an unlawful, inequitable rulemaking which tive Enterprise Institute. purposes. Secretary Babbitt says is necessary because Al Cors, Jr., Vice President for Govern- That is signed by Grover Norquist, of ‘‘changing oil markets.’’ But, we think his ment Affairs, National Taxpayers President, Americans for Tax Reform; real result and that of his supporters such as Union. Senator Boxer, is to cripple the domestic pe- George Landrith, Executive Director Jim Martin, President, 60 Plus. troleum industry, and drive them to foreign Grover G. Norquist, President, Ameri- for Frontiers of Freedom; Patrick shores and advance their goal of reducing cans for Tax Reform. Burns, Director of Environmental Pol- fossil fuel consumption. This is why they Chuck Cushman, Executive Director, icy, Citizens for a Sound Economy; falsely claim that green eyeshade accounts American Land Rights Association. Fred Smith, President Competitive En- somehow are impacting the environment. Bruce Vincent, President, Alliance for terprise Institute; Al Cors, Jr., Vice The outcry on behalf of schoolchildren is America. President for Government Affairs, Na- particularly hypocritical. Senator Boxer and Adena Cook, Public Lands Director, Blue Rep. George Miller are responsible for a min- tional Taxpayers Union; Jim Martin, Ribbon Coalition. eral leasing law amendment in the 1993 Om- David Ridenour, Vice President, National President, 60 Plus; David Ridenour, Na- nibus Budget Reconciliation Act which re- Center for Public Policy Research. tional Center for Public Policy Re- duces education revenues to the State of search; Adena Cook, Blue Ribbon Coali- California by over $1 million per year—far RIO GRANDE VALLEY PARTNERSHIP, more than the Department’s oil valuation tion; Bruce Vincent, Alliance for Amer- INTERNATIONAL CHAMBER OF COM- rule would add to California’s treasury (ap- ica; Chuck Cushman, American Land MERCE, proximately $150,000 per year as scored by Rights Association; and Malcolm Wal- Weslaco, TX, July 23, 1999. lop, Chairman of Frontiers of Freedom. the Congressional Budget Office). So really, who is harming schoolchildren’s education Hon. KAY BAILEY HUTCHISON, Mr. President, I ask unanimous con- budgets? The oil industry provides millions U.S. Senate, Washington, DC. DEAR SENATOR HUTCHISON: On behalf of the sent that these letters be printed in the and millions of royalty dollars each year for Board of Directors of the Rio Grande Valley RECORD. the U.S. Treasury and for State’s coffers. There being no objection, the letters The ‘‘cheating’’ which Sen. Boxer and oth- Partnership, I want to thank you once again were ordered to be printed in the ers allege is unproven. Reference to settle- for your leadership to prevent the Minerals Management Service on the U.S. Department RECORD, as follows: ments by oil companies as proof of fraud is of Interior from finalizing its new oil royalty FRONTIERS OF FREEDOM improper. When President Clinton settled regulations. Arlington, VA, July 30, 1999. the Paula Jones lawsuit his attorney admon- Until Congress is assured that they will be Re Supporting the Hutchison-Domenici ished Senator Boxer and her fellow jurors to fair, the new regulations must work for gov- Amendment (a Moratorium on the Pro- take no legal inference from that payment. ernment and for producers, and not result in posed Oil Valuation Rule which Prevents We agree. As such, oil company settlements litigation, as the proposed regulations Unauthorized Taxation and Lawmaking cannot be given precedential value. Who can would. Uncertainty and litigation just add by the Department of Interior). fight the government forever when the roy- delays and costs to producers large and Hon. KAY BAILEY HUTCHISON, alty dollars they have paid in are used to small, and to the federal government, and United States Senate, Washington, DC 20510 fund enormous litigation budgets? that can make domestic oil and gas produc- DEAR SENATOR HUTCHISON: We are writing Lastly, two employees of the federal gov- to express our support for the Hutchison- ernment who were integral to the ‘‘futures tion from federal lands less competitive, ad- Domenici amendment to the FY 2000 Appro- market pricing’’ philosophy espoused in the versely affective jobs in Texas and other pro- priations bill. The Hutchison-Domenici Department’s rulemaking have been caught ducing areas and reducing royalty revenues amendment prevents the Department of the accepting $350,000 checks from a private to the federal government. Interior from rewriting laws and assessing group with a stake in the outcome of False Please continue your lead in the fight to additional taxes without the consent of the Claims Act litigation against oil companies. stop the Minerals Management Service from Congress. This role properly rests with the Ironically, the money to pay-off these two making new rules final until they solve the legislative branch, not with unelected bu- individuals for their ‘‘heroic’’ actions while host of problems pointed out by oil pro- reaucrats. working as federal employees came from a ducers, large and small. In a misleading letter dated July 21, 1999, settlement by one oil company. The Project Sincerely, detractors of the Hutchison-Domenici on Governments Oversight (POGO) last fall re- BILL SUMMERS, amendment allege it will cost taxpayers, ceived well over one million dollars as a President/CEO. schoolchildren, native Americans, and the plaintiff in the suit. Shortly thereafter environment.’’ That is not so! It’s time to set POGO quietly ‘‘thanked’’ these public serv- PEOPLE FOR THE USA, the record straight—this amendment does ants for making this bounty possible. The Pueblo, CO, July 27, 1999. not alter the status quo at all. This amend- Public Integrity Section of the Department Hon. KAY BAILEY HUTCHISON, ment says to Secretary Babbitt: Spend no of Justice has an ongoing investigation. We U.S. Senate, Washington, DC. money to finalize a crude oil valuation rule find it unconscionable the Administration DEAR SENATOR HUTCHISON: On behalf of the until the Congress agrees with your proposed seeks to put the valuation rule into place 30,000 grassroots members of People for the methodology for defining value for royalty without getting to the bottom of this bribe USA, I would once again like to thank you purposes. first. The L.A. Times recently drew a par- for your diligent efforts to bring common We contend that a mineral lease is a con- allel with the Teapot Dome scandal of the sense to royalty calculations and payments tract, whether issued by the United States or 1920’s, but who is Albert Fall in this modern on federal oil and gas leases. any other lessor, as such, its terms may not day scandal? In their efforts to balance environmental be unilaterally changed just because a gov- The Department’s rule amounts to unfair protection with economic growth through ernment bureaucrat thinks more money can taxation without the representation which grassroots actions, our members (not just be squeezed from the lesser by redefining the Members of Congress bring by passing laws. those in Texas) always notice and appreciate manner in which the value of production is If Congress chooses to change the mineral strong, common sense leadership such as you established. What royalty amount is due is leasing laws to prospectively modify the have shown. determined by the contracts and statues, and terms of a lease, so be it. It should do so in We support your fight to simplify the cur- nothing else. For seventy-nine years the fed- the proper authorizing process with oppor- rent royalty calculation system. It is al- eral government has lived according to a law tunity for the public to be heard. A federal ready a burden on a struggling domestic oil that established that the government re- judge has recently ruled the EPA has uncon- and gas industry, and the Minerals Manage- ceives value at the well—not downstream stitutionally encroached upon the legisla- ment Service proposal simply adds insult to after incremental value is added. The bu- ture’s lawmaking authority when promul- injury. Royalty calculation is not, as Inte- reaucrats at the Interior Department are in gating air quality rules. We are convinced rior Communications Director Michael effect imposing a value added tax through the Secretary of the Interior, in a similar Gauldin remarked, ‘‘an issue to demagogue the backdoor. manner, is far exceeding his authority uni- for another year.’’ With 52,000 jobs lost in Bureaucrats are saying that value should laterally by assessing a value added tax. just the last year? be measured in downstream markets hun- Let Congress define the law on mineral Worse, Energy Secretary Bill Richardson dreds of miles from one’s lease, or based royalties. We elected Members to do this job, has suggested that domestic oilfield workers upon prices set in futures trading on the New we didn’t elect Bruce Babbitt and a band of look to opportunity overseas. Senator, an York Mercantile Exchange, both of which self-serving bureaucrats. Support the Administration that talks about kicking routinely attribute higher value than exists Hutchison-Domenici amendment. American resource producers out of the at the ‘‘wellhead.’’ If bureaucrats had it Sincerely, country has a badly skewed set of priorities. their way, they would assess a tax all the George C. Landrith, Executive Director, We appreciate what you are doing to way to the gasoline, ignoring the costs asso- Frontiers of Freedom. straighten them out, and will back you up at ciated with bringing oil to that pump. If Patrick Burns, Director of Environ- the grass roots any way we can. Congress intended this, they would have said mental Policy, Citizens for a Sound Again, on behalf of thousands of hard- so in the law. Economy. working American resource producers, thank

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10582 CONGRESSIONAL RECORD — SENATE September 8, 1999 you. If you have any specific suggestions as to strike the provision in the Interior Appro- and we are going to take our jobs with to how we can assist you, feel free to contact priations Bill that delays the implementa- us. me any time. tion of a final crude oil valuation rule, un- So I am not sure that it would be $11 Respectfully, less a resolution between MMS and industry million, or anything at all. My hunch JEFFREY P. HARRIS, can be reached. The Minerals Management is that we are going to lose jobs and we Executive Director. Service (MMS) proposed new oil valuation rules that would eventually raise taxes on are going to lose income, and the NATIONAL BLACK CHAMBER OF producers. The rulemaking effort has in- schoolchildren of this country are COMMERCE volved several revisions to the original pro- going to suffer because the oil business August 5, 1999. posal, but remains ambiguous, unworkable, has not yet recovered from the crisis. Re: MMS Royalties and would create even greater uncertainty Mr. President, on that note, I have to Hon. KAY BAILEY HUTCHISON, and unnecessary litigation. also say that I think it is very impor- Senator, State of Texas, Rm. 284, Senate Russell Passage of this provision in the Interior tant that when we are talking about a Appropriations Bill will provide the time Office Building Washington, DC. proposed rule that hasn’t been put in DEAR SENATOR HUTCHISON: The National necessary for the MMS and the industry to Black Chamber of Commerce has been quite reach a fair and workable agreement on the place and we are already saying how proud of the leadership you have shown on rule, benefiting both sides. The taxpayers much will be missed, clearly, there is the issue of oil royalties and the attempt of have a vested interest in this issue, because no concept of how business can work the Minerals Management Service’s, Depart- the rule proposed by the MMS would lead to and make a profit and continue to cre- ment of Interior, to levy eventual increases an unnecessary administrative burden for ate jobs. So I am concerned that if we on the oil industry. both the government and the private indus- raise this royalty valuation, which is a The efforts of MMS are, indeed, ludicrous. try as auditors, accountants, and lawyers at- tax on the oil industry, at a time when tempt to resolve innumerable disputes over Collectively, the national economy is boom- many of them are on their knees any- ing and the chief subject matter is ‘‘tax re- the correct amounts due. duction’’ not ‘‘royalty increase’’, which is a Please take this opportunity to prevent way, we are not going to have income cute term for tax increase. What adds ‘‘salt the current proposed rule, which benefits no of $11 million, or $60 million, or any- to the wound’’ is the fact that despite a one, from being implemented. We urge you thing else. In fact, I think we are going booming economy from a national perspec- to oppose any amendment to strike the pro- to go into negative income, which is tive, the oil industry has not been so fortu- vision for delay of final valuation rule in the exactly what has happened in Texas in nate and is on hard times. We need to come Interior Appropriations Bill as it reaches the the last year and a half, where schools up with vehicles that will stimulate this floor for debate in the full Senate this week. We wish to thank you for your efforts in have had to shut their doors and close vital part of our economic bloodstream, not down and consolidate classrooms be- further the damage. this matter. Your continued commitment We support your plan to re-offer a one-year and integrity in the promotion of efficiency cause they could not make their budg- extension of the moratorium on the new rule and accountability in the federal govern- et because of the oil income not com- proposed by MMS. We will also support any ment is sincerely appreciated. If I can be of ing in. We lost $150 million just in the efforts you may have to prohibit the new further assistance, please do not hesitate to last year in oil royalty revenue in rule. Good luck in giving it ‘‘the good fight’’. contact me. Texas alone. So this is not the time to Regards, Sincerely, raise rates. HARRY C. ALFORD, COUNCIL NEDD II, Director, Government Affairs & Grassroots. Let’s talk about the kind of taxes. President & CEO. We are talking about fairness. In fact, Mrs. HUTCHISON. Mr. President, I we are talking about what we tax. CITIZENS FOR A SOUND ECONOMY have heard the Senator from California Today, the oil is valued as it comes out Washington, DC, July 27, 1999. throwing around numbers such as this of the ground, after it has been cleaned DEAR SENATOR HUTCHISON: The 250,000 has cost the taxpayers of America $88 grassroots members of Citizens for a Sound up and is ready to be sold. You take million already, or $60 million already. Economy (CSE) ask you to oppose any at- out the contaminants and it is clean And I pointed this out to her. I ask tempts in the Senate to strike the provision and that is where it is valued. But what unanimous consent that the Congres- in the Interior Appropriation bill that delays the Government and MMS are pro- implementation of a final crude oil valuation sional Budget Office estimate be print- posing to do is say, no, we want you to rule. ed in the RECORD. The current royalty system is needlessly There being no objection, the mate- go out and get a buyer for the oil and complex and results in time-consuming dis- rial was ordered to be printed in the incur the cost of buying; and then we agreements and expensive litigation. The want you to put it in a pipeline and RECORD, as follows: Minerals Management Service’s (MMS) new take it to where it is going to be picked oil valuation proposal is, however, deeply FY 2000 INTERIOR AND RELATED AGENCIES—S. 1292, AS up by the buyer, and we are going to flawed and would have the ultimate effect of REPORTED, PROPOSED FLOOR AMENDMENTS value it there. That is taxing the cost. raising taxes on consumers. [Budget account—in millions] The 1999 Omnibus Appropriations Act in- That just doesn’t make sense. That is like saying to McDonald’s, whatever cluded moratorium language concerning a Pending Proposed Difference final crude oil valuation rule with the expec- No. you spend in advertising, we are going tation that the Department of the Interior BA O BA O BA O to tax you that amount. We are going (DOI) and industry would enter into mean- 1603—Hutchinson Oil valu- to tax you on your advertising for ingful negotiations in order to resolve their ation ...... 11 11 11 11 McDonald’s hamburgers. differences. Unfortunately, more time is still Mr. President, that concept will not needed for government and industry is re- Mrs. HUTCHISON. Mr. President, fly. It doesn’t happen in any other in- quired to reach a mutually beneficial com- this shows there would be a proposed dustry. Whenever would the Govern- promise. CSE recognizes this need and opposes any difference in income of $11 million. In ment expect taxes on expenses? It just attempt to halt the moratorium, or curtail addition to putting that in the RECORD, doesn’t make sense. But sometimes I efforts to bring about a simpler, more work- I want to say that we have offset that think people I hear arguing on the Sen- able rule. $11 million. I have to say I think it is ate floor have never been in business. If Thank you for your attention and efforts, ludicrous that you would say we think you have never been in business and and for your continuing leadership in this that in the future you won’t get $11 have never met a payroll, then you important matter. million and, therefore, we need to don’t really understand how hard it is Sincerely, make up that proposed lost revenue for PAUL BECKNER, to make a profit and create new jobs President. a tax that has not even been put in and do right by your employees. I have place. Nevertheless, that was the rul- been in business. I have met a payroll. COUNCIL FOR CITIZENS AGAINST ing we were given, so we did offset with I know how hard it is, especially in a GOVERNMENT WASTE, $11 million. But it is ridiculous to say small business. And when the prices Washington, DC, September 10, 1998. that you have to offset the tax that are $7 or $8 a barrel and the costs are Hon. KAY BAILEY HUTCHISON, hasn’t been put in place because you $14 a barrel, you can’t stay in business United States Senate, Washington, DC. don’t know what businesses are going DEAR SENATOR HUTCHISON: On behalf of the very long. And if you can’t stay in 600,000 members of Council for Citizens to pull up stakes and say: It is too ex- business very long, there are a lot of Against Government Waste, we respectfully pensive to drill with this kind of roy- people and families who don’t have ask you to oppose any efforts in the Senate alty rate. We are going to go overseas jobs; and if you have to lay off people

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10583 who are working at the well, then you lion in the last 40 years in royalty million of taxpayer funds to rehabili- also have to lay off people in the oil rates. They have given a lot back to tate a bathhouse at Hot Springs Na- fields service industry and the oil sup- this country. They have given jobs. tional Park in Arkansas. I question the ply industry because you aren’t going They have paid royalty rates. I want necessity of fixing up a public bath- to need the supplies if you are not them to pay fair royalty rates. I would house when federal school facilities for drilling. And if it is too expensive to never stand up and say they shouldn’t, Indian children are in a deplorable drill in America, you are going to go or if they haven’t that they shouldn’t state of disrepair and ill maintenance. somewhere else, and you are going to be fined. I think they should. But we In a similar fashion, $1 million is ear- create jobs in a foreign country. are talking about people. We are talk- marked to support the Olympic Tree Mr. President, I guess the last thing ing about jobs. We are talking about Program being developed by the Salt I will say in refuting the arguments I the American economy. We are talking Lake Olympic committee. While our heard from the Senator from Illinois about retirement plans that depend on country takes great pride in hosting and the Senator from California is that stable oil companies and the oil indus- the international Olympics events, I it always seems the tack is to say, try. find it difficult to fathom why we well, they don’t really care about this I think fair taxation is the responsi- would expect the American people to issue; they are supporting big oil be- bility of Congress. That is what the accept the expenditure of a million dol- cause big oil has contributed to their Hutchison-Domenici amendment will lars for this purely aesthetic purpose. campaigns. I don’t go around looking assure—fair taxation intended by Con- This bill also continues a disturbing at whether trial lawyers give to other gress. trend of including legislative riders Senators and, therefore, they don’t We will have some more debate on that, if enacted, will make substantive vote for tort reform. I don’t accuse peo- this. I certainly hope in the end my changes to current law and regula- ple of not representing the interests of colleagues will not be susceptible to tions. By using the appropriations their States. Of course, I have oil work- rank demagoguery—to rhetoric that is process as a policy hammer, we are cir- ers in my State. I hope I am supported harsh and not in any way fair. It may cumventing a fair and deliberative leg- by people who work in my State and be fun to ask questions back and forth islative review of the need for such live in my State. But I would not do on the Senate floor indicating that changes. We also shortchange the in- anything that would hurt the people of people’s motives are not the right mo- terested public by eliminating their op- my State. The idea that that is con- tives or are not pure, but that doesn’t portunity for input and participation. I have heard from many interested nected to campaign contributions I add to the debate. It is our responsi- parties who decry the inclusion of rid- just think is cynical, and I don’t think bility to make policy. We are going to ers that will extend grazing permits it adds integrity to the debate. do it. without completion of due environ- You gauge that against a most in- ∑ Mr. MCCAIN. Mr. President, the Inte- mental analyses and a provision that credible statement when you accuse rior Appropriations bill funds critical overturns an administrative legal opin- people who want to keep jobs in Amer- programs that are vital to the protec- ion regarding the amount of land that ica, who want fair pricing, fair taxing, tion of our nation’s land and natural can be used for mining claims. I know and fair payment of taxes—you accuse resources and supports federal pro- that these are important issues in my people of having some kind of other grams for Native Americans, as well as state of Arizona, yet I am precluded motive, and then you pick up a maga- several energy and agriculture pro- from fully representing the interests of zine called Inside Energy and the De- grams. my constituents when legislative riders partment of Interior communications I commend the managers of this bill such as these are attached to an appro- director says on November 2 of 1998, re- for their efforts to keep spending in priations measure that must be passed garding the Hutchison-Domenici this bill within budget limitations as within a very short timeframe with lit- amendment that would require them to required by the Balanced Budget Act of tle to no opportunity to make changes. have a fair valuation: 1997. Unfortunately, I can still find in Just yesterday, the Senate voted to We are sticking to the position we have this bill and the committee report ap- restore Rule XVI which makes floor taken. It gives us an issue to demagog for proximately $216 million in low-pri- amendments of a policy nature out of another year. ority, unauthorized or unrequested order on an appropriations bill. I sup- Mr. President, I think we have heard spending that has not been considered ported restoration of this Rule. Iron- a lot of demagoguery on this issue. I in the normal merit-based review proc- ically, this Rule only applies to floor have heard the most outrageous debate ess. amendments. I believe very strongly and arguments that I have heard on In the usual fashion of appropriations that it should be applied to committee just about any subject on this issue, bills and reports, little explanation is actions where a small minority of the trying to make it seem as if oil compa- provided as to the merit or national Senate can act to include legislative nies that are being sued are somehow priority of various projects receiving riders on an appropriations bill with- connected to whether or not we have a earmarks. We are left to imagine the out even consulting the relevant au- fair royalty valuation, trying to mesh reasons that certain projects, such the thorizing committees. I believe the those issues. That just does not make Bruneau Hot Springs Snail Conserva- Rule should be expanded to cover com- sense. It does not add to the debate. tion Committee or goose-related crop mittee actions. But to have the kind of demagoguery depredation projects in Washington Mr. President, ensuring the protec- that we have heard on the floor and and Oregon, are deserving of a $500,000 tion of our nation’s resources and then to have the Department of the In- earmark each. meeting federal trust obligations to terior admit that what they want is an I am sure these projects are signifi- Native Americans are among our most issue to demagog, I have to say I think cant to the communities that would important duties. With this type of the Los Angeles Times editorial proves benefit from these directed funds. But shameful waste of taxpayer dollars and they did get a demagoguery editorial. I we are unfairly singling out projects of inappropriate legislative mandates on think some of the network television parochial interest, rather than evalu- an appropriations measure, we are be- bought into it. I think there has been ating other more equally deserving traying our responsibility to spend the some very unfair coverage because we projects that could be more significant taxpayers’ dollars responsibly and are talking about Congress standing up to the protection of our land, forest or enact laws and policies that reflect the for its right to tax. If Congress doesn’t energy resources nationwide. best interests of all Americans, rather stand up, who will? Who is accountable Not only do we undermine the value than the special interests of a few. at the Department of the Interior? It is of our legislative process by this type Unfortunately, due to its length, this a matter of fairness. of arbitrary spending, we betray the list of $216 million of earmarks and ob- I am not going to walk away from confidence of the American people who jectionable provisions in S. 1292, and that responsibility. I know what I am rely on our fair and equitable judge- its accompanying Senate report, can- doing is right because I know we can ment to fund those projects of greatest not be printed in the RECORD. However, have fair taxes of royalty. We are talk- need and priority. Instead, we reward the list will be available on my Senate ing about an industry that paid $58 bil- their faith by choosing to provide $1 webpage.∑

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10584 CONGRESSIONAL RECORD — SENATE September 8, 1999 EAST TIMOR work with our allies to have a division ishing its work on this legislation is Mrs. HUTCHISON. Mr. President, be- of responsibility that is fair. wrong. fore I leave, I want to take a moment If we do that, then America will be We had to overcome technical obsta- to also talk about one other issue. able to do what only it can uniquely cles and threatened filibusters to begin That is the issue of what is happening do, and that is the air power that we the juvenile justice conference. It is no in Indonesia. have shown that we have in the last 6 secret that there are those in both bod- All of us have seen atrocities and months. Let us keep our role to re- ies who would prefer no action and no read of atrocities in many parts of the sponding where only we are able to conference to moving forward on the world—most recently in Indonesia keep the peace—in the Middle East, in issues of juvenile violence and crime. where we have seen the people of East Korea, in Japan, and in parts of Eu- Now that we have convened this con- Timor vote for independence, and they rope. Let’s work with our allies for a ference, we should waste no more time were told by the Government of Indo- fair responsibility sharing that will set to get down to business and finish our nesia that vote would be respected. a precedent so that we will all have the work promptly. Now we see bands of militia-type peo- staying power to provide the critical We have seen the kind of swift con- ple that, it is said, could be connected needs in regions as they occur. ference action the Congress is capable with the Indonesian Government going I hope President Clinton will take of doing with the Y2K law that pro- in and committing terrible acts. This is this opportunity to be a leader and to vides special legal protections to busi- a terrible thing. It is horrible. We hate represent the United States and our nesses. That Y2K bill was passed by the to see it. national security issues and our na- Senate almost a month after the I think there are many things that tional security stability. If he will do HATCH-LEAHY juvenile justice bill, on can be done. that, I think you will begin to see a June 16th, but was sent to conference, First and foremost, we must call on foreign policy that will evolve with all worked out, and sent to the President’s Indonesia to do what they said they of our allies sharing and keeping all of desk within two short weeks. That bill would do and respect the right of the us strong by not overburdening any one is already law. The example set by the people of East Timor in their independ- of us to the detriment of all. Y2K legislation shows that if we have ence. Thank you, Mr. President. the will, there is a way to get legisla- I also think we should be supportive I yield the floor. I suggest the ab- tion done and done quickly. Those of us serving on the conference of those who are volunteering to go sence of a quorum. and many who are not on the con- over there if necessary. This is where I The PRESIDING OFFICER. The ference have worked on versions of this think we can show some leadership clerk will call the roll. legislation for several years now. We from the United States. I would call on The legislative assistant proceeded the President to do that. That is not to spent two weeks on the Senate floor in to call the roll. all of a sudden start talking about May considering almost 50 amend- Mr. BROWNBACK. Madam President, sending American troops into East ments to S. 254, the Senate juvenile I ask unanimous consent that the order Timor. justice bill, and making many improve- for the quorum call be rescinded. I think by beginning to start ban- ments to the underlying bill. We The PRESIDING OFFICER (Mrs. dying that around, all of a sudden you worked hard in the Senate for a strong HUTCHISON). Without objection, it is so are going to start seeing people depend bipartisan juvenile justice bill, and we ordered. on American troops. I don’t think we should take this opportunity to cut have to start talking about American f through our remaining partisan dif- troops in East Timor. I think it would MORNING BUSINESS ferences to make a difference in the be harmful if we did that because of the Mr. BROWNBACK. Madam President, lives of our children and families. vast commitment we have in the Bal- I appreciate that one of the most I ask unanimous consent that the Sen- kans right now as well as the DMZ in contentious issues in this conference is ate now proceed to a period of morning Korea, as well as in Japan, as well as in guns, even though sensible gun control business with Senators permitted to Europe, and other places in the world. proposals are just a small part of the No one would ever walk away from speak for up to 10 minutes each. comprehensive legislation we are con- the responsibility that America must The PRESIDING OFFICER. Without sidering. The question that the major- shoulder as a superpower. But Aus- objection, it is so ordered. ity in Congress must answer is what tralia has stepped up to the line to try f are they willing to do to protect chil- to help bring an end to the chaos that JUVENILE JUSTICE CONFERENCE dren from gun violence? I hope is temporarily erupting in East A report released two months ago on Mr. LEAHY. Mr. President, so far, we Timor. I think we should help them do juvenile violence by the Justice De- have had one meeting of a conference that by offering logistical support but partment concludes that, ‘‘data . . . in- to resolve differences in the Senate and letting people volunteer. dicate that guns play a major role in House passed juvenile justice bills. I This is a time when we can look at juvenile violence.’’ We need to do more commented at that conference meet- the areas of the world that have re- to keep guns out of the hands of chil- ing, on August 5, 1999, about how unfor- gional conflicts, and we can let the so- dren who do not know how to use them tunate it was that the leadership in the phisticated countries that have quality or plan to use them to hurt others. military operations be the main part of Congress delayed action on the con- Law enforcement officers in this a force in those areas. ference all summer. In fact, the con- country need help in keeping guns out In fact, it appears that Australia, ference met less than 24 hours before of the hands of people who should not New Zealand, and many others are vol- the Congress adjourned for its long Au- have them. I am not talking about peo- unteering to take this policekeeping gust recess. ple who use guns for hunting or for mission. I think it would be wise for us Unfortunately, we did not conclude sport, but about criminals and unsu- to let them do that. Let them take our work but left this conference and pervised children. An editorial that ap- that responsibility and offer our important work on the juvenile justice peared today in the Rutland Daily Her- logistical help if they need it. But legislation to languish for the last five ald summed up the dilemma in this ju- don’t start bandying about the possi- weeks of the summer. venile justice conference for the major- bility of U.S. troops going in on the Due to the delays in convening this ity: conference and then its abrupt adjourn- ground when our troops are stretched Republicans in Congress have tried to fol- so thin—when we have had the worst ment before completing its work, we low the line of the National Rifle Associa- recruiting year and the worst retention knew before our August recess that the tion. It will be interesting to see if they can year since the early 1970s because our programs to enhance school safety and hold that line when the Nation’s crime fight- troops are in mission fatigue. They are protect our children and families called ers let them know that fighting crime also not able to stay in top training because for in this legislation would not be in means fighting guns. they are stretched so thin. place before school began. Every parent, teacher and student in I hope the President will take this The fact that American children are this country was concerned this sum- opportunity to set a U.S. policy and to starting school without Congress fin- mer about school violence over the last

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10585 two years and worried about when the lion, six hundred fifty-four billion, five rate has been below 5 percent for 22 next shooting may occur. They only hundred twenty-six million, seven hun- months in a row—the lowest sustained hope it does not happen at their school dred eighteen thousand, two hundred unemployment rate in 29 years. or involve their children. This an unac- forty-four dollars and eighty-seven After adjusting for inflation, wages ceptable and intolerable situation. cents). have increased almost 2.7 percent in We all recognize that there is no sin- Five years ago, September 7, 1994, the 1998—that is the fastest real wage gle cause and no single legislative solu- Federal debt stood at $4,683,504,000,000 growth in more than two decades and tion that will cure the ill of youth vio- (Four trillion, six hundred eighty-three the third year in a row—the longest lence in our schools or in our streets. billion, five hundred four million). sustained growth since the early 1970s. But we have an opportunity before us Ten years ago, September 7, 1989, the Inflation is the lowest since the 1950s. to do our part. We should seize this op- Federal debt stood at $2,861,363,000,000 In fact, inflation was at 1.4 percent for portunity to act on balanced, effective (Two trillion, eight hundred sixty-one the beginning of 1999. juvenile justice legislation, and meas- billion, three hundred sixty-three mil- I think the greatest tribute to Sec- ures to keep guns out of the hands of lion). retary Rubin has been the reaction of children and away from criminals. I Fifteen years ago, September 7, 1984, the financial markets to his departure. hope we get to work soon and finish the Federal debt stood at Our financial markets have responded what we started in the juvenile justice $1,572,266,000,000 (One trillion, five hun- with continued stable growth. Inves- conference. We are already tardy. dred seventy-two billion, two hundred tors, both domestic and abroad, under- stand that the only way that Bob f sixty-six million) which reflects a debt increase of more than $4 trillion— Rubin would consent to leave his post DR. PAUL VAN de WATER $4,082,260,718,244.87 (Four trillion, is if he felt that the U.S. economy was Mr. DOMENICI. Mr. President, I eighty-two billion, two hundred sixty healthy and heading in the right direc- would like to take a moment to talk million, seven hundred eighteen thou- tion. about someone who has provided in- sand, two hundred forty-four dollars While I am saddened with Secretary valuable assistance to me and the and eighty-seven cents) during the past Rubin’s departure, I can think of no better replacement to fill the top post Budget Committees over the years—Dr. 15 years. at Treasury than Larry Summers. I be- Paul Van de Water, the Assistant Di- f rector for Budget Analysis of the Con- lieve that it is critical that there be a gressional Budget Office. Dr. Van de ROBERT RUBIN smooth transition from one Treasury Water is leaving the Congressional Mr. DODD. Mr. President, I rise Secretary to another. Secretary Sum- Budget Office this week, after 18 years today to pay tribute to Secretary of mers’ leadership will provide a seam- of distinguished service to the Con- the Treasury Robert Rubin. Sworn in less transition and continuity to en- gress, the budget process, and the on January 10, 1995, as the 70th Sec- sure stability in our financial markets. Secretary Summers’ extensive aca- American public. He will become the retary of the Treasury, Bob Rubin re- demic expertise and tenure as Deputy Senior Advisor to the Deputy Commis- signed earlier this month. Treasury Secretary make him an in- Prior to serving in the administra- sioner for Policy at the Social Security valuable addition to the Cabinet. I am tion, Secretary Rubin spent 26 years at Administration. confident of his leadership ability and Paul Van de Water came to CBO in Goldman, Sachs, & Co., starting as an a strong believer that he will make an associate and leaving as co-chairman 1981, the same year I assumed Chair- excellent Secretary of the Treasury. manship of the Senate Budget Com- and co-senior partner. We have had few Bob Rubin has represented the best mittee. For years he headed the Projec- Secretaries of the Treasury who have in public service, and our nation truly tions Unit—doing the bread and butter brought such knowledge and expertise owes him a debt of gratitude. His tire- work involved with producing Congres- to the job. less leadership helped put our fiscal sional budgets. Without CBO, I could His tenure as Secretary was marked house in order, but—just as impor- not have done my job, and Paul con- by a steady, even-handed approach to tant—helped forge a strong and vibrant tributed mightily to almost every CBO economic policy in this country. He economy that has created jobs and eco- analysis we needed. He has served over served in a critical time in our Na- nomic opportunity for millions of and above the call of duty, spending tion’s history. On his watch, the United Americans. With his impressive finan- nights and weekends working on our States has dramatically increased its cial expertise and background, he two Budget Committees’ requests. I am role as a leader in the global market- uniquely understood that government sure he will never forget the two weeks place. The past 4 years have been and business could work together so spent at Andrews Air Force Base dur- marked by turbulent economic times, that everyone could benefit from eco- ing the 1990 Budget Summit. We will and with his leadership we have weath- nomic expansion. And though he not soon forget his sharp analytical ered numerous international financial fought to make our nation a leader in skills, his appreciation of Congres- storms, including the Asian financial the global marketplace—Bob Rubin ul- sional demands, and the institutional crisis, the Mexico peso devaluation, timately understood the most impor- consistency he has provided CBO over and the ongoing economic turmoil of tant street in our nation was not just the last 18 years. Dr. Van de Water has the former Soviet Union. Wall Street, but Main Street. truly been an exceptional public serv- Under Secretary Rubin’s leadership, America is better off today because ant. we have maintained fiscal discipline. In of Bob Rubin. I know I am speaking for all Mem- 1992, the budget deficit was $290 billion, I would like to thank him for his bers who have ever served on the Budg- the largest dollar deficit on record. service to our nation and wish him all et Committees of the House and Sen- Last year, the budget surplus was near- the best in his next endeavor. I would ate, and all our staff, when I express ly $70 billion, the largest dollar surplus also like to congratulate Secretary our gratitude to Paul for his contribu- on record. Summers on his new position. I am tions to this Congressional budget Under Secretary Rubin, we have had confident of his success and I look for- process. I join everyone in congratu- a robust economy with strong job cre- ward to continuing to work with him. ation, inflation virtually nonexistent, lating him on his service to the coun- f try and wishing him luck in his future and unemployment at its lowest rate in work at the Social Security Adminis- 29 years. His economic accomplish- THE 40TH ANNIVERSARY OF tration. ments are staggering. HAWAII’S STATEHOOD f Over the past 4 years, 18.4 million Mr. INOUYE. Mr. President, on Au- new jobs have been created. Also, the gust 21, 1999, the State of Hawaii cele- THE VERY BAD DEBT BOXSCORE unemployment rate was 4.3 percent in brated its 40th anniversary as the 50th Mr. HELMS. Mr. President, at the April 1999, which is the lowest in 29 State of this great Nation. close of business yesterday, Tuesday, years. At the time of Secretary Rubin’s Statehood for Hawaii was not a sud- September 7, 1999, the Federal debt start in 1992, unemployment was at 7.5 den or impulsive idea. During the de- stood at $5,654,526,718,244.87 (Five tril- percent. In fact, the unemployment bate on statehood for Hawaii in the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10586 CONGRESSIONAL RECORD — SENATE September 8, 1999 House of Representatives in March pristine beaches and warm tropical morials which symbolize the beginning 1959, there were no fewer than 88 bills waters, Hawaii’s attraction lies in its and end of World War II, and pay trib- pending that would have, if enacted, green space. Without agricultural pro- ute to the many brave men and women admitted Hawaii as a State. The people duction, much of this lush green envi- who have their lives for our nation. Ha- of Hawaii, through our territorial leg- ronment, many come to expect of Ha- waii has been bestowed with this high islature, had petitioned the Congress waii, would be lost. honor of stewardship that we will for statehood on 17 different occasions. With sugar’s downsizing, Hawaii is proudly uphold. Back in the fifties, times were very taking advantage of an opportunity Tripler Army Medical Center is a different. In those days, the concept of that has been available in the islands leader in medical care, medical edu- statehood for a group of tiny islands in in 150 years, that is, agricultural land cation, and research. It has also earned the middle of the Pacific Ocean seemed is available in large quantities. The national recognition for its work in far-fetched to many. However, the ad- State is now taking an unobstructed telehealth technology applications, mission of Alaska removed the doubts look at agriculture in its broadest most appropriately called AKAMAI of those who felt the United States sense. Beyond traditional products, Ha- which in Hawaiian means ‘‘brilliant or should be one contiguous land mass. waii and its year-round growing capa- smart.’’ The state-of-the-art Spark M. After nearly 40 years of Congres- bility is ripe for development of high Matsunaga Veterans Medical Center sional debates, investigations, hear- value products like herbal dietary sup- will open in early 2000 at Tripler, and ings, and visitations, we achieved what plements, cosmetics, ethical drugs, the two agencies have worked collabo- so many of us in the Territory of Ha- specialized fruits and vegetables, and ratively to integrate services and infor- waii deeply desired. The State of Ha- natural industrial products. There is mation systems, providing both active waii has come a long way since 1959 also potential for agriculture as a serv- duty personnel and veterans with the and I am very proud of the achieve- ice industry in the areas of bioremedi- best medical care available anywhere. ments of the people of Hawaii. I believe ation of contaminants, carbon seques- We are also very proud of the Center of Hawaii has proven to be a credit to our tering forest production, seed testing Excellence in Disaster Management Nation. I would like to take this oppor- and propagation for use worldwide, and and Humanitarian Assistance, a mili- tunity to give my colleagues some in- development of innovative pest man- tary-civilian partnership that facili- sight into the tremendous changes that agement strategies. tates joint disaster response operations have taken place in the 50th State over The State of Hawaii has become a through research, education, and infor- the past 40 years. world class player in the science and mation management. Hawaii has the reputation of being technology arena. Manua Kea, on the It is clear that none of the concerns the ‘‘Health State,’’ and that reputa- Island of Hawaii, is known internation- expressed in those years preceding tion is well deserved. We lead the Na- ally as the best site for optical, infra- statehood have become reality. Hawaii tion in providing access to health care red, and millimeter/submillimeter as- did not fall to communism. Hawaii’s with more than 96 percent of the Ha- tronomy. It is the chosen site for all distance has not diminished the waii population having health insur- four of the new generation of 8- or 10- strength of the United States, but in ance. Hawaii leads the Nation with the meter class telescopes now under con- fact has enhanced its military and eco- lowest number of deaths from breast struction in the Northern Hemisphere. nomic power into the Asia-Pacific re- cancer, and ranks second in the Nation The observatories include: the Gemini gion. Further, Hawaii remains one of for the lowest number of deaths due to project, the Keck Observatory, Canada- the greatest examples of a multiethnic all cancers, heart disease, and diabetes. France-Hawaii, the Joint Astronomy society living in relative peace. I have had the privilege of serving Our territory of 600,000 American Center, Subaru, Smithsonian, and the the people of Hawaii in the U.S. Con- citizens in 1959 has more than doubled California Institute of Technology. in 40 years. No territory, with the ex- gress since statehood. Over these years, Eight nations are represented atop the people of Hawaii have proven their ception of Oklahoma, ever possessed a Manua Kea with the United States’ population as large as Hawaii’s at the unfailing loyalty and devotion to presence most prominent. America’s ideals. Hawaii’s achieve- time it sought statehood in the Union. The Maui Research and Technology ments are a testament to our desire to Consider these facts. In 1959, Hawaii Park is fast earning a reputation as continually share the best of who we contributed into the U.S. Treasury $166 one of the world’s most sophisticated are and what we have to offer our fel- million in taxes, putting Hawaii ahead high technology centers. MRTP is of 10 States in taxpayer contributions. low Americans. home to the Maui High Performance So, as we celebrate 40 years of state- The per capita income of Hawaii was Computing Center, the newest of 12 na- hood, Hawaii looks toward the new $1,821, ranking it 25th amongst the tional supercomputing resource cen- millennium with pride, dignity and the States, and the total income was more ters. hope for an even brighter future. than in eight States. Current per cap- The University of Hawaii’s successful ita income is more than 14 times that cloning of three generations of mice f original amount, ranking Hawaii 15th from adult cells stunned the inter- EXPLANATION OF ABSENCE amongst the States. Further, last year national scientific community and has Mr. DODD. Mr. President, on Friday, the people of Hawaii contributed $2.7 brought significant prestige and atten- July 16, 1999, I was necessarily absent billion to Federal coffers in the form of tion to the University and the State. during Senate action on rollcall vote taxes. Forty years ago, when the Members No. 211, a motion to invoke cloture on In 1959, sugar was king; 974,000 tons of of Congress debated the suitability of Amendment No. 297, a Lott amendment sugar were produced in Hawaii. Though Hawaii as a state, questions were in the nature of a substitute to S. 557, sugar is no longer king in Hawaii, agri- raised about our Americanism. During an original bill to provide guidance for cultural has and continues to be a sig- World War II, the loyalty and patriot- the designation of emergencies as a nificant contributor to the state’s ism of Americans of Japanese ancestry part of the budget process. economy providing nearly $3 billion in living in Hawaii were called into ques- Had I been present for the vote, I sales and more than 40,000 jobs. Sugar tion. When we finally received the call would have voted against cloture. remains an important crop and pine- to duty in early 1943, 1,500 Hawaii vol- f apple production has been stable for unteers were sought by the U.S. Army. many years. Additionally, diversified In less than a week, 15,000 had volun- RENOMINATION OF CHAIRMAN agriculture, including flowers, fruits, teered, and Hawaii was not yet a State. LINDA J. MORGAN TO THE SUR- vegetables, macadamia nuts, coffee, We continue our strong commitment FACE TRANSPORTATION BOARD and livestock, is a very bright spot in to military service. Hawaii is home to Mr. HOLLINGS. Mr. President, I rise our State’s economy. It is one of the all the services, and we continue to today to applaud the renomination by few economic sectors experiencing demonstrate our support for our na- the President of Linda J. Morgan to growth. In 1987, diversified crops sur- tion’s military as a member of our Ha- another term with the Surface Trans- passed sugar in farm fate value in Ha- waii community. We are home to the portation Board, and his express inten- waii and never looked back. After its USS Missouri and the USS Arizona me- tion to re-designate her as Chairman.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10587 Linda Morgan, who was with us on the ending September 30, 2000, and for other pur- ation of the Senate bill and the House Commerce Committee for several poses. amendment, and modifications com- H.R. 2565. An act to clarify the quorum re- years, has been Chairman of the Board mitted to conference: Mr. SHUSTER, Mr. quirement for the Board of Directors of the and its predecessor, the Interstate YOUNG of Alaska, Mr. PETRI, Mr. DUN- Export-Import Bank of the United States. Commerce Commission, since 1995. S. 606. An act for the relief of Global Explo- CAN, Mr. EWING, Mr. HORN, Mr. QUINN, Many times before, I have publicly ration and Development Corporation, Kerr- Mr. EHLERS, Mr. BASS, Mr. PEASE, Mr. praised the outstanding job she has McGee Corporation, and Kerr-McGee Chem- SWEENEY, Mr. OBERSTAR, Mr. RAHALL, done in steering the Board and the ical, LLC (successor to Kerr-McGee Chemical Mr. LIPINSKI, Mr. DEFAZIO, Mr. COS- transportation sector through some Corporation), and for other purposes. TELLO, Ms. DANNER, Ms. EDDIE BERNICE very rough seas. Her intellect, knowl- S. 1543. An act to amend the Agricultural JOHNSON of Texas, Ms. MILLENDER- Adjustment Act of 1938 to release and pro- edge, competence and experience con- MCDONALD, and Mr. BOSWELL. tect the release of tobacco production and tinue to be indispensable to the resolu- marketing information. From the Committee on the Budget, tion of the many issues that confront S. 1546. An act to amend the International for consideration of titles IX and X of this key segment of the economy. And Religious Freedom Act of 1998 to provide ad- the House amendment, and modifica- she has exhibited the kind of integrity, ditional administrative authorities to the tions committed to conference: Mr. fairness, spirit, and work ethic that are United States Commission on International CHAMBLISS, Mr. SHAYS, and Mr. essential to the proper exercise of the Religious Freedom, and to make technical SPRATT. Board’s important adjudicative func- corrections to that Act, and for other pur- From the Committee on Ways and tions. poses. Means, for consideration of title XI of With this reappointment, the Senate Under the authority of the order of the House amendment, and modifica- has the opportunity to approve a first- the Senate of January 7, 1999, the en- tions committed to conference: Mr. rate leader and public servant—one of rolled bills were signed, during the ad- NUSSLE, Mr. HULSHOF, and Mr. RANGEL. journment of the Senate, by the Presi- the best and brightest. I know that I f will have the cooperation of all of my dent pro tempore (Mr. THURMOND). MEASURES REFERRED colleagues on the Commerce Com- f The following bill was read the first mittee and in the full Senate in expedi- MESSAGES FROM THE HOUSE RE- and second times by unanimous con- tiously moving this outstanding nomi- CEIVED DURING ADJOURN- sent and referred as indicated: nation through to confirmation. MENT—AUGUST 12, 1999 f H.R. 2724. An act to make technical correc- ENROLLED BILL SIGNED tions to the Water Resources Development MESSAGES FROM THE PRESIDENT Under the authority of the order of Act of 1999; to the Committee on Environ- Messages from the President of the the Senate of January 7, 1999, the Sec- ment and Public Works. United States were communicated to retary of the Senate, on August 12, f 1999, during the adjournment of the the Senate by Mr. Williams, one of his ENROLLED BILLS PRESENTED secretaries. Senate, received a message from the The Secretary of the Senate reported EXECUTIVE MESSAGES REFERRED House of Representatives announcing that on August 11, 1999, he had pre- As in executive session the Presiding that the Speaker has signed the fol- lowing enrolled bill: sented to the President of the United Officer laid before the Senate messages States, the following enrolled bills: from the President of the United S. 507. An act to provide for the conserva- States submitting two treaties and tion and development of water and related S. 606. An act for the relief of Global Explo- ration and Development Corporation, Kerr- sundry nominations which were re- resources, to authorize the United States Army Corps of Engineers to construct var- McGee Corporation, and Kerr-McGee Chem- ferred to the appropriate committees. ious projects for improvements to rivers and ical, LLC (successor to Kerr-McGee Chemical (The nominations received today are harbors of the United States, and for other Corporation), and for other purposes. printed at the end of the Senate pro- purposes. S. 1543. An act to amend the Agricultural ceedings.) Under the authority of the order of Adjustment Act of 1938 to release and pro- tect the release of tobacco production and f the Senate of January 7, 1999, the en- marketing information. MESSAGES FROM THE HOUSE RE- rolled bill was signed, during the ad- S. 1546. An act to amend the International CEIVED DURING ADJOURN- journment of the Senate, by the Presi- Religious Freedom Act of 1998 to provide ad- MENT—AUGUST 11, 1999 dent pro tempore (Mr. THURMOND). ditional administrative authorities to the f United States Commission on International ENROLLED BILLS SIGNED Religious Freedom, and to make technical Under the authority of the order of MESSAGES FROM THE HOUSE corrections to that Act, and for other pur- the Senate of January 7, 1999, the Sec- At 12:13 p.m., a message from the poses. retary of the Senate, on August 11, House of Representatives, delivered by The Secretary of the Senate reported 1999, during the adjournment of the Mr. Hanrahan, one of its reading that on August 12, 1999, he had pre- Senate, received a message from the clerks, announced that the House has sented to the President of the United House of Representatives announcing passed the following bills, in which it States, the following enrolled bill: that the Speaker has signed the fol- requests the concurrence of the Senate: S. 507. An act to provide for the conserva- lowing enrolled bills: H.R. 2670. An act making appropriations tion and development of water and related H.R. 211. An act to designate the Federal for the Departments of Commerce, Justice, resources, to authorize the United States building and United States courthouse lo- and State, the Judiciary, and related agen- Army Corps of Engineers to construct var- cated at 920 West Riverdale Avenue in Spo- cies for the fiscal year ending September 30, ious projects for improvements to rivers and kane, Washington as the ‘‘Thomas S. Foley 2000, and for other purposes. harbors of the United States, and for other United States Courthouse’’, and the plaza at H.R. 2724. An act to make technical correc- purposes. the south entrance of such building and tions of the Water Resources Development f courthouse as the ‘‘Walter F. Horan Plaza’’. Act of 1999. EXECUTIVE AND OTHER H.R. 1219. An act to amend the Miller Act, The messages also announced that relating to payment protections for persons COMMUNICATIONS the House insists upon its amendments providing labor and materials for Federal The following communications were construction projects. to the bill (S. 1467) to extend the fund- H.R. 1568. An act to provide technical, fi- ing levels for aviation programs for 60 laid before the Senate, together with nancial, and procurement assistance to vet- days, and asks a conference with the accompanying papers, reports, and doc- eran owned small business, and for other Senate on the disagreeing votes of the uments, which were referred as indi- purposes. two Houses thereon; and appoints the cated: H.R. 1664. An act providing authority for following Members as the managers of EC–4595. A communication from the Com- guarantees of loans to qualified steel and missioner, Bureau of Reclamation, Depart- iron ore companies and to qualified oil and the conference on the part of the ment of the Interior, transmitting, a draft of gas companies, and for other purposes. House: proposed legislation relative to the Bureau’s H.R. 1905. An act making appropriations From the Committee on Transpor- dam safety program; to the Committee on for the Legislative Branch for the fiscal year tation and Infrastructure, for consider- Energy and Natural Resources.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10588 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4596. A communication from the Sec- Office of Sustainable Fisheries, National Ma- 0004), received August 2, 1999; to the Com- retary of Agriculture, transmitting, a draft rine Fisheries Service, Department of Com- mittee on Commerce, Science, and Transpor- of proposed legislation relative to edu- merce, transmitting, pursuant to law, the re- tation. cational assistance, technical assistance, port of a rule entitled ‘‘Final Rule to Imple- EC–4613. A communication from the Chief, and research services to nonagricultural co- ment the Application and Transfer Process Office of Regulations and Administrative operatives of rural residents; to the Com- for the License Limitation Limitation Pro- Law, U.S. Coast Guard, Department of mittee on Agriculture, Nutrition, and For- gram for the Groundfish and Crab Fisheries Transportation, transmitting, pursuant to estry. Off Alaska’’ (RIN0648–AK69), received August law, the report of a rule entitled ‘‘Draw- EC–4597. A communication from the Sec- 3, 1999; to the Committee on Commerce, bridge Regulations; Tennessee River, TN retary of Health and Human Services, trans- Science, and Transportation. (CGD08–99–047)’’ (RIN2115–AE47) (1999–0034), mitting, a draft of proposed legislation rel- EC–4606. A communication from the Spe- received August 2, 1999; to the Committee on ative to the Refugee and Entrant Assistance cial Assistant to the Bureau Chief, Mass Commerce, Science, and Transportation. Program; to the Committee on the Judici- Media Bureau, Federal Communications EC–4614. A communication from the Chief, ary. Commission, transmitting, pursuant to law, Office of Regulations and Administrative EC–4598. A communication from the Attor- the report of a rule entitled ‘‘Amendment of Law, U.S. Coast Guard, Department of ney, National Highway Traffic Safety Ad- Section 73.606(b) of the Commission’s Rules, Transportation, transmitting, pursuant to ministration, Department of Transportation, Table of Allotments, Television Broadcast law, the report of a rule entitled ‘‘Draw- transmitting, pursuant to law, the report of Stations and Section 73.622(b), Table of Al- bridge Regulations; Sacramento River, Cali- a rule entitled ‘‘Motor Vehicle Content La- lotments, Digital Television Broadcast Sta- fornia Department of Transportation High- beling Calculation’’ (RIN2127–AH33), received tions (Buffalo, New York)’’ (MM Docket No. way Bridge at Mile 90.1 at Knights Landing, July 29, 1999; to the Committee on Com- 98–175), received August 2, 1999; to the Com- Between Sutter and Yolo Counties (CGD11– merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- 99–012)’’ (RIN2115–AE47) (1999–0035), received EC–4599. A communication from the Chair- tation. August 2, 1999; to the Committee on Com- man, Federal Maritime Commission, trans- EC–4607. A communication from the Spe- merce, Science, and Transportation. mitting, pursuant to law, the report of a rule cial Assistant to the Bureau Chief, Mass EC–4615. A communication from the Chief, entitled ‘‘Termination of Dial-Up Service Media Bureau, Federal Communications Office of Regulations and Administrative Contract Filing System’’ (FMC Docket No. Commission, transmitting, pursuant to law, Law, U.S. Coast Guard, Department of 99–12), received July 29, 1999; to the Com- the report of a rule entitled ‘‘Amendment of Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- Section 73.202(b), Table of FM Allotments, law, the report of a rule entitled ‘‘Regatta tation. FM Broadcast Stations; Castle Dale, Hun- Regulations; SLR; National Youth Con- EC–4600. A communication from the Asso- tington, Hurricane, Mona Monticello and ference Air Show Ohio River Mile 602.0–605.0; ciate Bureau Chief, Wireless Telecommuni- Wellington, Utah; Groveland and Lovelady, Louisville, KY(CGD08–99–046)’’ (RIN2115– cation Bureau, Federal Communications Texas; Midland, Maryland’’ (MM Docket Nos. AE46) (1999–0031), received August 2, 1999; to Commission, transmitting, pursuant to law, 99–124, 125, 126, 128, 129, 130, 132, 135 and 138), the Committee on Commerce, Science, and the report of a rule entitled ‘‘Second Report received August 2, 1999; to the Committee on Transportation. and Order—Revision of the Commission’s Commerce, Science, and Transportation. EC–4616. A communication from the Chief, Rules To Ensure Compatibility with En- EC–4608. A communication from the Spe- Office of Regulations and Administrative hanced 911 Emergency Calling Systems’’ cial Assistant to the Bureau Chief, Mass Law, U.S. Coast Guard, Department of (FCC 99–96, CC Docket No. 94–102), received Media Bureau, Federal Communications Transportation, transmitting, pursuant to July 28, 1999; to the Committee on Com- Commission, transmitting, pursuant to law, law, the report of a rule entitled ‘‘Regatta merce, Science, and Transportation. the report of a rule entitled ‘‘Amendment of Regulations; SLR; Aurora APR Powerboat EC–4601. A communication from the Dep- Section 73.202(b) , Table of Allotments, FM Races Ohio River Mile 496.5–498.5; Aurora, IN uty Chief, Industry Analysis Division, Com- Broadcast Stations; Narrowsburg, NY, Allen, (CGD08–99–048)’’ (RIN2115–AE46) (1999–0030), mon Carrier Bureau, Federal Communica- NE, Overton, NV, Wells, NV, and Caliente, received August 2, 1999; to the Committee on tions Commission, transmitting, pursuant to NV’’ (MM Docket Nos. 99–43, 99–82, 99–85, 99– Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘1998 Bien- 88, 99–89), received August 2, 1999; to the EC–4617. A communication from the Asso- nial Regulatory Review—Streamlined Con- Committee on Commerce, Science, and ciate Chief, International Bureau, Telecom tributor Reporting Requirements Associated Transportation. Division, Federal Communications Commis- with Administration of Telecommunications EC–4609. A communication from the Spe- sion, transmitting, pursuant to law, the re- Relay Services, North American Numbering cial Assistant to the Bureau Chief, Mass port of a rule entitled ‘‘In the Matter of 1998 Plan, Local Number Portability, and Uni- Media Bureau, Federal Communications Biennial Review—Review of Accounts Settle- versal Service Support Mechanisms’’ (FCC Commission, transmitting, pursuant to law, ment in the Maritime Mobile and Maritime 99–175, CC Docket No. 98–171), received July the report of a rule entitled ‘‘Amendment of Mobile-Satellite Services and Withdrawal of 28, 1999; to the Committee on Commerce, Section 73.202(b), Table of Allotments, FM the Commission as an Accounting Authority Science, and Transportation. Broadcast Stations; DeRidder, Louisiana’’ in the Maritime Mobile-Satellite Radion EC–4602. A communication from the Acting (MM Docket No. 99–209; RM–9406), received Services’’ (IB Docket No. 98–96, FCC 99–150), Director, Office of Sustainable Fisheries, Na- August 2, 1999; to the Committee on Com- received August 5, 1999; to the Committee on tional Marine Fisheries Service, Department merce, Science, and Transportation. Commerce, Science, and Transportation. of Commerce, transmitting, pursuant to law, EC–4610. A communication from the Assist- EC–4618. A communication from the Legal the report of a rule entitled ‘‘Fisheries of the ant Administrator for Fisheries, National Technician, National Highway Traffic Safety Exclusive Economic Zone Off Alaska; Pacific Marine Fisheries Service, Department of Administration, Department of Transpor- Ocean Perch in the Western Aleutian Dis- Commerce, transmitting, pursuant to law, tation, transmitting, pursuant to law, the re- trict of the Bering Sea and Aleutian Is- the report of a rule entitled ‘‘Atlantic Highly port of a rule entitled ‘‘Uniform Procedures lands’’, received August 2, 1999; to the Com- Migratory Species (HMS) Fisheries; Fishery for State Highway Safety Programs’’ mittee on Commerce, Science, and Transpor- Management Plan (FMP), Plan Amendment, (RIN2127–AH53), received August 5, 1999; to tation. and Consolidation of Regulations, Technical the Committee on Commerce, Science, and EC–4603. A communication from the Acting Amendment’’ (RIN0648–AJ67) (I.D.052699A), Transportation. Director, Office of Sustainable Fisheries, Na- received August 2, 1999; to the Committee on EC–4619. A communication from the Legal tional Marine Fisheries Service, Department Commerce, Science, and Transportation. Technician, National Highway Traffic Safety of Commerce, transmitting, pursuant to law, EC–4611. A communication from the Assist- Administration, Department of Transpor- the report of a rule entitled ‘‘Fisheries of the ant Administrator for Fisheries, National tation, transmitting, pursuant to law, the re- Exclusive Economic Zone Off Alaska; Pacific Marine Fisheries Service, Department of port of a rule entitled ‘‘State Incentives to Ocean Perch in the Central Aleutian District Commerce, transmitting, pursuant to law, Prevent Operation of Motor Vehicles by In- of the Bering Sea and Aleutian Islands’’, re- the report of a rule entitled ‘‘Final Rule to toxicated Persons’’ (RIN2127–AH39), received ceived August 2, 1999; to the Committee on Implement Framework Adjustment 30 and August 5, 1999; to the Committee on Com- Commerce, Science, and Transportation. Correct Framework Adjustment 27 to the merce, Science, and Transportation. EC–4604. A communication from the Dep- Northeast Multispecies Fishery’’ (RIN0648– EC–4620. A communication from the Pro- uty Assistant Administrator for Fisheries, AM65), received August 2, 1999; to the Com- gram Analyst, Office of the Chief Counsel, Office of Sustainable Fisheries, National Ma- mittee on Commerce, Science, and Transpor- Federal Aviation Administration, Depart- rine Fisheries Service, Department of Com- tation. ment of Transportation, transmitting, pur- merce, transmitting, pursuant to law, the re- EC–4612. A communication from the Chief, suant to law, the report of a rule entitled port of a rule entitled ‘‘Amendment 1 to the Office of Regulations and Administrative ‘‘IFR Altitudes; Miscellaneous Amendments Atlantic Salmon Fishery Management Plan’’ Law, U.S. Coast Guard, Department of (143); Amdt. No. 417’’ (RIN2120–AA63) (1999– (RIN0648–AM13), received August 2, 1999; to Transportation, transmitting, pursuant to 0003), received July 29, 1999; to the Com- the Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Special mittee on Commerce, Science, and Transpor- Transportation. Anchorage Areas/Anchorage Grounds Regu- tation. EC–4605. A communication from the Dep- lations; St. Johns River, Jacksonville, Flor- EC–4621. A communication from the Pro- uty Assistant Administrator for Fisheries, ida (CGD07–99–023)’’ (RIN2115–AA98) (1999– gram Analyst, Office of the Chief Counsel,

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10589 Federal Aviation Administration, Depart- EC–4630. A communication from the Pro- EC–4639. A communication from the Assist- ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled Federal Aviation Administration, Depart- ment of State, transmitting, pursuant to the ‘‘Rotorcraft Load Combination Safety Re- ment of Transportation, transmitting, pur- Arms Export Control Act, the report of a quirements’’ (RIN2120–AG59), received Au- suant to law, the report of a rule entitled certification of a proposed Manufacturing gust 5, 1999; to the Committee on Commerce, ‘‘Airworthiness Directives: Pratt and Whit- License Agreement for the export of defense Science, and Transportation. ney T9D Series Turbofan Engines; Request services under a contract in the amount of EC–4622. A communication from the Pro- for Comments; Recission; Docket No. 98– $50,000,000 or more with the United Kingdom; gram Analyst, Office of the Chief Counsel, ANE–21 (7–30/7–29)’’ (RIN2120–AA64) (1999– to the Committee on Foreign Relations. Federal Aviation Administration, Depart- 0285), received July 29, 1999; to the Com- EC–4640. A communication from the Assist- ment of Transportation, transmitting, pur- mittee on Commerce, Science, and Transpor- ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled tation. ment of State, transmitting, pursuant to the ‘‘Name Change of Guam Island Agana NAS, EC–4631. A communication from the Pro- Arms Export Control Act, the report of a GU Class D Airspace Area; Docket No. 99– gram Analyst, Office of the Chief Counsel, certification of a proposed Manufacturing AWP–9 (8–2/8–5)’’ (RIN2120–AA66) (1999–0246), Federal Aviation Administration, Depart- License Agreement for the export of defense received August 5, 1999; to the Committee on ment of Transportation, transmitting, pur- services under a contract in the amount of Commerce, Science, and Transportation. suant to law, the report of a rule entitled $50,000,000 or more with the United Kingdom; EC–4623. A communication from the Pro- ‘‘Airworthiness Directives: Bombardier to the Committee on Foreign Relations. gram Analyst, Office of the Chief Counsel, Model CL–215–1A10 and CL–215–6B11 Series EC–4641. A communication from the Assist- Federal Aviation Administration, Depart- Airplanes; Docket No. 98–NM–37 (8–2/8–5)’’ ant Secretary, Legislative Affairs, Depart- ment of Transportation, transmitting, pur- (RIN2120–AA64) (1999–0292), received August 4, ment of State, transmitting, pursuant to the suant to law, the report of a rule entitled 1999; to the Committee on Commerce, Arms Export Control Act, the report of a ‘‘Standard Instrument Approach Procedures; Science, and Transportation. certification of a proposed Manufacturing Miscellaneous Amendments (9); Amdt. No. EC–4632. A communication from the Pro- License Agreement for the export of defense 1941 (7–30/7–29)’’ (RIN2120–AA65) (1999–0039), gram Analyst, Office of the Chief Counsel, services under a contract in the amount of received July 29, 1999; to the Committee on Federal Aviation Administration, Depart- $50,000,000 or more with Finland; to the Com- Commerce, Science, and Transportation. ment of Transportation, transmitting, pur- mittee on Foreign Relations. EC–4624. A communication from the Pro- suant to law, the report of a rule entitled EC–4642. A communication from the Assist- gram Analyst, Office of the Chief Counsel, ‘‘Airworthiness Directives: British Aerospace ant Secretary, Legislative Affairs, Depart- Federal Aviation Administration, Depart- Model BAC 1–11200 and 400 Series Airplanes; ment of State, transmitting, pursuant to the ment of Transportation, transmitting, pur- Docket No. 98–NM–47 (8–2/8–5)’’ (RIN2120– Arms Export Control Act, the report of a suant to law, the report of a rule entitled AA64) (1999–0291), received August 4, 1999; to certification of a proposed Manufacturing ‘‘Standard Instrument Approach Procedures; the Committee on Commerce, Science, and License Agreement for the export of defense Miscellaneous Amendments (56); Amdt. No. Transportation. articles and defense services under a con- 1942 (7–30/7–29)’’ (RIN2120–AA65) (1999–0038), EC–4633. A communication from the Pro- tract in the amount of $50,000,000 or more received July 29, 1999; to the Committee on gram Analyst, Office of the Chief Counsel, with Australia, Canada, Denmark, Germany, Commerce, Science, and Transportation. Federal Aviation Administration, Depart- Greece, The Netherlands, Norway, Spain, and EC–4625. A communication from the Pro- ment of Transportation, transmitting, pur- Turkey; to the Committee on Foreign Rela- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled tions. Federal Aviation Administration, Depart- ‘‘Airworthiness Directives: Learjet Model 23, EC–4643. A communication from the Assist- ment of Transportation, transmitting, pur- 24, 25, 28, 29, 31, 55, and 60 Series Airplanes; ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled Docket No. 98–NM–372 (8–2/8–5)’’ (RIN2120– ment of State, transmitting, pursuant to the ‘‘Standard Instrument Approach Procedures; AA64) (1999–0290), received August 5, 1999; to Arms Export Control Act, the report of a Miscellaneous Amendments (28); Amdt. No. the Committee on Commerce, Science, and certification of a proposed Manufacturing 1943 (7–30/7–29)’’ (RIN2120–AA65) (1999–0037), Transportation. License Agreement for the export of defense received July 29, 1999; to the Committee on EC–4634. A communication from the Pro- articles and defense services under a con- Commerce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, tract in the amount of $50,000,000 or more EC–4626. A communication from the Pro- Federal Aviation Administration, Depart- with Japan; to the Committee on Foreign gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- Relations. Federal Aviation Administration, Depart- suant to law, the report of a rule entitled EC–4644. A communication from the Assist- ment of Transportation, transmitting, pur- ‘‘Airworthiness Directives: Saab Model ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled SAAB 2000 Series Airplanes; Docket No. 97– ment of State, transmitting, pursuant to the ‘‘Establishment of Class E Airspace; Taylor, NM–151 (8–3/8–5)’’ (RIN2120–AA64) (1999–0289), Arms Export Control Act, the report of a AZ; Correction ; Docket No. 97–AWP–2 (7–29/ received August 5, 1999; to the Committee on certification of a proposed Manufacturing 7–29)’’ (RIN2120–AA66) (1999–0244), received Commerce, Science, and Transportation. License Agreement for the export of defense July 29, 1999; to the Committee on Com- EC–4635. A communication from the Pro- articles or defense services under a contract merce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, in the amount of $50,000,000 or more with EC–4627. A communication from the Pro- Federal Aviation Administration, Depart- France; to the Committee on Foreign Rela- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- tions. Federal Aviation Administration, Depart- suant to law, the report of a rule entitled EC–4645. A communication from the Assist- ment of Transportation, transmitting, pur- ‘‘Airworthiness Directives: The New Piper ant Secretary, Legislative Affairs, Depart- suant to law, the report of a rule entitled Aircraft, Inc. Model PA–46–350P Airplanes; ment of State, transmitting, pursuant to the ‘‘Correction of Class D Airspace; Bullhead Docket No. 99–CE–01 (8–4/8–5)’’ (RIN2120– Arms Export Control Act, the report of a City, AZ; Direct Final Rule; Request for AA64) (1999–0288), received August 5, 1999; to certification of a proposed Manufacturing Comments; Docket No. 99–AWP–8 (7–28/7–29)’’ the Committee on Commerce, Science, and License Agreement for the export of defense (RIN2120–AA66) (1999–0245), received July 29, Transportation. articles or defense services under a contract 1999; to the Committee on Commerce, EC–4636. A communication from the Chair- in the amount of $50,000,000 or more with Science, and Transportation. man, Federal Communications Commission, Greece; to the Committee on Foreign Rela- EC–4628. A communication from the Pro- transmitting, pursuant to law, a report rel- tions. gram Analyst, Office of the Chief Counsel, ative to the Commission’s auction expendi- EC–4646. A communication from the Assist- Federal Aviation Administration, Depart- ture package; to the Committee on Com- ant Secretary, Legislative Affairs, Depart- ment of Transportation, transmitting, pur- merce, Science, and Transportation. ment of State, transmitting, pursuant to the suant to law, the report of a rule entitled EC–4637. A communication from the Chair- Arms Export Control Act, the report of a ‘‘Airworthiness Directives: Airbus Industrie man, Federal Communications Commission, certification of a proposed Manufacturing Model A300–600, Series; Docket No. 98–NM–62 transmitting, pursuant to law, a report enti- License Agreement for the export of defense (7–28/7–29)’’ (RIN2120–AA64) (1999–0284), re- tled ‘‘Fourth Annual Report and Analysis of articles and defense services under a con- ceived July 29, 1999; to the Committee on Competitive Market Conditions With Re- tract in the amount of $50,000,000 or more Commerce, Science, and Transportation. spect to Commercial Mobile Services’’ for with Greece; to the Committee on Foreign EC–4629. A communication from the Pro- calendar year 1998; to the Committee on Relations. gram Analyst, Office of the Chief Counsel, Commerce, Science, and Transportation. EC–4647. A communication from the Assist- Federal Aviation Administration, Depart- EC–4638. A communication from the Assist- ant Secretary, Legislative Affairs, Depart- ment of Transportation, transmitting, pur- ant Secretary, Legislative Affairs, Depart- ment of State, transmitting, pursuant to the suant to law, the report of a rule entitled ment of State, transmitting, pursuant to the Arms Export Control Act, the report of a ‘‘Airworthiness Directives: Boeing Model Arms Export Control Act, the report of a certification of a proposed Manufacturing 737–600, Series Airplanes; Request for Com- certification of a proposed Manufacturing and Technical Assistance Agreement for the ments; Docket No. 98–NM–155 (7–27/7–29)’’ License Agreement for the export of defense export of defense services under a contract in (RIN2120–AA64) (1999–0287), received July 29, services under a contract in the amount of the amount of $50,000,000 or more with the 1999; to the Committee on Commerce, $50,000,000 or more with Japan; to the Com- Netherlands; to the Committee on Foreign Science, and Transportation. mittee on Foreign Relations. Relations.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10590 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4648. A communication from the Assist- Participate in the Visa Waiver Pilot Pro- EC–4669. A communication from the Gen- ant Secretary, Legislative Affairs, Depart- gram’’ (RIN1115–AF99) (INS No. 20002–99), re- eral Counsel, Federal Emergency Manage- ment of State, transmitting, pursuant to the ceived August 9, 1999; to the Committee on ment Agency, transmitting, pursuant to law, Arms Export Control Act, the report of a the Judiciary. the report of a rule entitled ‘‘National Flood certification of a proposed Manufacturing EC–4658. A communication from the Sec- Insurance Program (NFIP); Insurance Cov- License Agreement with Germany; to the retary of Defense, transmitting, the report of erage and Rates; 64 FR 41825; 08/02/99’’ Committee on Foreign Relations. a retirement; to the Committee on Armed (RIN3067–AD00), received August 5, 1999; to EC–4649. A communication from the Assist- Services. the Committee on Banking, Housing, and ant Secretary, Legislative Affairs, Depart- EC–4659. A communication from the Direc- Urban Affairs. ment of State, transmitting, pursuant to the tor, Defense Procurement, Department of EC–4670. A communication from the Chief, Arms Export Control Act, the report of a Defense, transmitting, pursuant to law, the Regulations Branch, U.S. Customs Service, certification of a proposed Manufacturing report of a rule entitled ‘‘Taxpayer Identi- Department of the Treasury, transmitting, License Agreement with Germany; to the fication Numbers and Commercial and Gov- pursuant to law, the report of a rule entitled Committee on Foreign Relations. ernment Entity Codes’’ (DFARS Case 98– ‘‘Technical Corrections to the Customs Reg- EC–4650. A communication from the Ad- D027), received August 5, 1999; to the Com- ulations’’ (R.P. 98–13), received August 5, ministrator, Food Safety and Inspection mittee on Armed Services. 1999; to the Committee on Finance. Service, Department of Agriculture, trans- EC–4660. A communication from the Chief, EC–4671. A communication from the Chief, mitting, pursuant to law, the report of a rule Programs and Legislation Division, Office of Regulations Branch, U.S. Customs Service, entitled ‘‘Designation of the State of Alaska Legislative Liaison, Office of the Secretary, Department of the Treasury, transmitting, Under the Federal Meat Inspection Act and Department of the Air Force, transmitting, pursuant to law, the report of a rule entitled the Poultry Products Inspection Act’’, re- pursuant to law, a report relative to a cost ‘‘Detention of Merchandise’’ (RIN1515–AB75), ceived August 5, 1999; to the Committee on comparison of switchboard operations in the received August 5, 1999; to the Committee on Agriculture, Nutrition, and Forestry. Air Mobility Command; to the Committee on Finance. EC–4651. A communication from the Ad- Armed Services. EC–4672. A communication from the Chief, EC–4661. A communication from the Chief ministrator, Food Safety and Inspection Regulations Unit, Internal Revenue Service, Counsel, Foreign Assets Control, Depart- Service, Department of Agriculture, trans- Department of the Treasury, transmitting, ment of the Treasury, transmitting, pursu- mitting, pursuant to law, the report of a rule pursuant to law, the report of a rule entitled ant to law, the report of a rule entitled entitled ‘‘Fee Increase for Inspection Serv- ‘‘Examples of Corrections to Employee ‘‘UNITA (Angola) Sanctions Regulations: ices’’ (RIN0583–AC54), received August 5, 1999; Plans’’ (Rev. Proc. 99–31), received August 5, Implementation of Executive Orders 13069 to the Committee on Agriculture, Nutrition, 1999; to the Committee on Finance. and 13098’’ (31 CFR Part 590), received August and Forestry. EC–4673. A communication from the Chief, 6, 1999; to the Committee on Banking, Hous- EC–4652. A communication from the Con- Regulations Unit, Internal Revenue Service, gressional Review Coordinator, Regulatory ing, and Urban Affairs. EC–4662. A communication from the Gen- Department of the Treasury, transmitting, Analysis and Development, Policy and Pro- eral Counsel, Federal Emergency Manage- pursuant to law, the report of a rule entitled gram Development, Animal and Plant Health ment Agency, transmitting, pursuant to law, ‘‘TD 8832: Exception from Supplemental An- Inspection Service, Department of Agri- the report of a rule entitled ‘‘Final Flood nuity Tax on Railroad Employers’’ (RIN1545– culture, transmitting, pursuant to law, the Elevation Determinations; 64 FR 41315; 07/30/ AT56), received August 5, 1999; to the Com- report of a rule entitled ‘‘Viruses, Serums, 99’’, received August 5, 1999; to the Com- mittee on Finance. Toxins, and Analogous Products and Patent mittee on Banking, Housing, and Urban Af- EC–4674. A communication from the Chair, Term Restoration; Nonsubstantive Technical fairs. Medicare Payment Advisory Commission, Changes’’ (Docket No. 97–117–1), received Au- EC–4663. A communication from the Gen- transmitting, pursuant to law, a report enti- gust 5, 1999; to the Committee on Agri- eral Counsel, Federal Emergency Manage- tled ‘‘Rethinking Medicare’s Payment Poli- culture, Nutrition, and Forestry. ment Agency, transmitting, pursuant to law, cies for Graduate Medical Education and EC–4653. A communication from the Direc- the report of a rule entitled ‘‘Final Flood Teaching Hospitals’’; to the Committee on tor, Office of Regulatory Management and Elevation Determinations; 64 FR 41317; 07/30/ Finance. Information, Office of Policy, Planning and 99’’, received August 5, 1999; to the Com- EC–4675. A communication from the Sec- Evaluation, Environmental Protection Agen- mittee on Banking, Housing, and Urban Af- retary of Defense, transmitting, the report of cy, transmitting, pursuant to law, the report fairs. a retirement; to the Committee on Armed of a rule entitled ‘‘Glufosinate Ammonium; EC–4664. A communication from the Gen- Services. Pesticide Tolerances for Emergency Exemp- eral Counsel, Federal Emergency Manage- EC–4676. A communication from the Under tions’’ (FRL #6092–8), received August 6, 1999; ment Agency, transmitting, pursuant to law, Secretary of Defense for Acquisition and to the Committee on Environment and Pub- the report of a rule entitled ‘‘Changes in Technology, transmitting, pursuant to law, a lic Works. Flood Elevation Determinations; 64 FR 41306; report relative to hydrocarbon fuels used by EC–4654. A communication from the Direc- 07/30/99’’ (Doc. # FEMA–7292), received Au- the DoD; to the Committee on Armed Serv- tor, Office of Regulatory Management and gust 5, 1999; to the Committee on Banking, ices. Information, Office of Policy, Planning and Housing, and Urban Affairs. EC–4677. A communication from the Under Evaluation, Environmental Protection Agen- EC–4665. A communication from the Direc- Secretary of Defense for Personnel and Read- cy, transmitting, pursuant to law, the report tor, Defense Procurement, Department of iness, transmitting, pursuant to law, a re- of a rule entitled ‘‘OMB Approvals Under the Defense, transmitting, pursuant to law, the port relative to military technician pro- Paperwork Reduction Act Relating to the report of a rule entitled ‘‘Multiyear Con- grams in the Reserve components of the Federal Test Procedures for Emissions From tracting’’ (DFARS Case 97–D308), received Army and the Air Force; to the Committee Motor Vehicles; Technical Amendment’’ August 5, 1999; to the Committee on Armed on Armed Services. (FRL #6409–2), received August 5, 1999; to the Services. EC–4678. A communication from the Direc- Committee on Environment and Public EC–4666. A communication from the Gen- tor, Administration and Management, Office Works. eral Counsel, Federal Emergency Manage- of the Secretary of Defense, transmitting, EC–4655. A communication from the Direc- ment Agency, transmitting, pursuant to law, pursuant to law, a report relative to printing tor, Office of Regulatory Management and the report of a rule entitled ‘‘National Flood and duplicating services procured in-house or Information, Office of Policy, Planning and Insurance Program (NFIP); Group Flood In- from external sources during fiscal year 1998; Evaluation, Environmental Protection Agen- surance Policy; 64 FR 41305; 07/30/99’’ to the Committee on Armed Services. cy, transmitting, pursuant to law, the report (RIN3067–AC35), received August 5, 1999; to EC–4679. A communication from the Alter- of a rule entitled ‘‘Approval and Promulga- the Committee on Banking, Housing, and nate OSD Federal Register Liaison Officer, tion of the Implementation Plans; Min- Urban Affairs. Department of Defense, transmitting, pursu- nesota’’ (FRL #6414–9), received August 6, EC–4667. A communication from the Gen- ant to law, the report of a rule entitled 1999; to the Committee on Environment and eral Counsel, Federal Emergency Manage- ‘‘CHAMPUS; Revisions to the Eligibility Re- Public Works. ment Agency, transmitting, pursuant to law, quirements’’ (RIN0720–AA51), received Au- EC–4656. A communication from the Acting the report of a rule entitled ‘‘Changes in gust 18, 1999; to the Committee on Armed Assistant Attorney General, transmitting, Flood Elevation Determinations; 64 FR 41312; Services. pursuant to law, the annual report of the Of- 07/30/99’’, received August 5, 1999; to the Com- EC–4680. A communication from the Alter- fice of the Police Corps and Law Enforce- mittee on Banking, Housing, and Urban Af- nate OSD Federal Register Liaison Officer, ment Education for fiscal year 1998; to the fairs. Department of Defense, transmitting, pursu- Committee on the Judiciary. EC–4668. A communication from the Gen- ant to law, the report of a rule entitled EC–4657. A communication from the Direc- eral Counsel, Federal Emergency Manage- ‘‘CHAMPUS; Prosthetic Devices’’ (RIN0720– tor, Policy Directives and Instructions ment Agency, transmitting, pursuant to law, AA49), received August 18, 1999; to the Com- Branch, Immigration and Naturalization the report of a rule entitled ‘‘Changes in mittee on Armed Services. Service, Department of Justice, transmit- Flood Elevation Determinations; 64 FR 41309; EC–4681. A communication from the Direc- ting, pursuant to law, the report of a rule en- 07/30/99’’, (Doc. #FEMA–7293), received Au- tor Defense Procurement, Department of De- titled ‘‘Adding Portugal, Singapore and Uru- gust 5, 1999; to the Committee on Banking, fense, transmitting, pursuant to law, the re- guay to the List of Countries Authorized to Housing, and Urban Affairs. port of a rule entitled ‘‘Oral Attestation of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10591 Security Responsibilities’’ (DFARS Case 99– EC–4693. A communication from the Chief, fice of Procurement and Assistance Manage- D006), received August 18, 1999; to the Com- Regulations Unit, Internal Revenue Service, ment, Department of Energy, transmitting, mittee on Armed Services. Department of the Treasury, transmitting, pursuant to law, the report of a rule entitled EC–4682. A communication from the Direc- pursuant to law, the report of a rule entitled ‘‘Use of Facility Contractor Employees for tor Defense Procurement, Department of De- ‘‘Revenue Ruling 99–36, Determination of In- Services to DOE in the Washington, D.C. fense, transmitting, pursuant to law, the re- terest Rates—October 1999’’ (Revenue Ruling Area’’ (DOE N 350.5), received August 10, 1999; port of a rule entitled ‘‘Fiscal Year 2000 Con- 99–36), received August 18, 1999; to the Com- to the Committee on Energy and Natural Re- tract Action Reporting Requirements’’ mittee on Finance. sources. (DFARS Case 99–D011/98–D017), received Au- EC–4694. A communication from the Chief, EC–4705. A communication from the Direc- gust 12, 1999; to the Committee on Armed Regulations Unit, Internal Revenue Service, tor, Office of Surface Mining, Department of Services. Department of the Treasury, transmitting, the Interior, transmitting, pursuant to law, EC–4683. A communication from the Direc- pursuant to law, the report of a rule entitled the report of a rule entitled ‘‘Texas Regu- tor, Administrative Office of United States ‘‘Notice 99–42, Elimination of Magnetic Tape latory Program’’ (SPATS #TX–041–FOR), re- Courts, transmitting, pursuant to law, the Program for Federal Tax Deposits’’ (Notice ceived August 9, 1999; to the Committee on actuarial reports on the Judicial Retirement 99–42), received August 12, 1999; to the Com- Energy and Natural Resources. System, the Judicial Officers’ Retirement mittee on Finance. EC–4706. A communication from the Direc- Fund, the Judicial Survivors’ Annuities Sys- EC–4695. A communication from the Chief, tor, Office of Surface Mining, Department of tem, and the Court of Federal Claims Judges’ Regulations Unit, Internal Revenue Service, the Interior, transmitting, pursuant to law, Retirement System for the plan year ended Department of the Treasury, transmitting, the report of a rule entitled ‘‘Indiana Regu- September 30, 1997; to the Committee on pursuant to law, the report of a rule entitled latory Program’’ (SPATS #IN–129–FOR), re- Governmental Affairs. ‘‘Notice 99–41, Updated List of Designated ceived August 9, 1999; to the Committee on EC–4684. A communication from the Execu- Private Delivery Services Under Section Energy and Natural Resources. tive Director, Committee for Purchase from 7502’’ (Notice 99–41), received August 12, 1999; EC–4707. A communication from the Direc- People who are Blind or Severely Disabled, to the Committee on Finance. tor, Office of Regulations Management, Vet- transmitting, pursuant to law, the report of EC–4696. A communication from the Chief, erans Health Administration, Department of a rule relative to additions to and deletions Regulations Unit, Internal Revenue Service, Veterans Affairs, transmitting, pursuant to from the Procurement List, received August Department of the Treasury, transmitting, law, the report of a rule entitled ‘‘Reconsid- 10, 1999; to the Committee on Governmental pursuant to law, the report of a rule entitled eration of Denied Claims’’ (RIN2900–AJ03), Affairs. ‘‘Notice 99–34, Depreciation System, Com- received August 18, 1999: to the Committee EC–4685. A communication from the Execu- ments Requested’’ (OGI–113072–99), received on Veteran’s Affairs. tive Director, Committee for Purchase from August 12, 1999; to the Committee on Fi- EC–4708. A communication from the Sec- People who are Blind or Severely Disabled, nance. retary of Health and Human Services, trans- transmitting, pursuant to law, the report of EC–4697. A communication from the Chief, mitting, pursuant to law, a report relative to a rule relative to an addition to the Procure- Regulations Unit, Internal Revenue Service, the Community Food and Nutrition Program ment List, received August 18, 1999; to the Department of the Treasury, transmitting, for fiscal years 1996 and 1997; to the Com- Committee on Governmental Affairs. pursuant to law, the report of a rule entitled mittee on Health, Education, Labor, and EC–4686. A communication from the Direc- ‘‘Announcement of Rule to be Included in Pensions. tor, Office of Personnel Management, trans- Final Regulations under Section 897(c) of the EC–4709. A communication from the Sec- mitting, pursuant to law, the report of a rule Code’’ (Notice 99–43), received August 18, retary of Health and Human Services, trans- entitled ‘‘Voting Rights Program’’ (RIN3206– 1999; to the Committee on Finance. mitting, pursuant to law, a report relative to AI77), received August 10, 1999; to the Com- EC–4698. A communication from the Chief, the National Breast and Cervical Cancer mittee on Governmental Affairs. Regulations Unit, Internal Revenue Service, Early Detection Program for fiscal year 1996; EC–4687. A communication from the Audi- Department of the Treasury, transmitting, to the Committee on Health, Education, tor of the District of Columbia, transmit- pursuant to law, the report of a rule entitled Labor, and Pensions. ting, pursuant to law, a report entitled ‘‘Consolidated Returns-Consolidated Overall EC–4710. A communication from the Sec- ‘‘Auditor’s Examination of the Practice of Foreign Losses and Separate Limitation retary of Health and Human Services, trans- Placing Pretrial Defendants in District Half- Losses’’ (RIN1545–AW08) (T.D. 8833), received mitting, pursuant to law, a report entitled way Houses and the Resulting Problem of August 18, 1999; to the Committee on Fi- ‘‘Health, United States, 1999’’; to the Com- Persistent Escapes’’; to the Committee on nance. mittee on Health, Education, Labor, and Governmental Affairs. EC–4699. A communication from the Chief, Pensions. EC–4688. A communication from the Assist- Regulations Unit, Internal Revenue Service, EC–4711. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- Department of the Treasury, transmitting, tor, Regulations Policy and Management ment of State, transmitting, pursuant to the pursuant to law, the report of a rule entitled Staff, Food and Drug Administration, De- Arms Export Control Act, the report of a re- ‘‘Specifications for Filing 1999 Forms 1098, partment of Health and Human Services, quest from the Government of Egypt to per- 1099, 5498, and W–2G, Magnetically or Elec- transmitting, pursuant to law, the report of mit the use of Foreign Military Financing tronically’’ (Revenue Procedure 99–29), re- a rule entitled ‘‘Secondary Direct Food Addi- for the sale and limited coproduction of mili- ceived August 12, 1999; to the Committee on tives Permitted in Food for Human Con- tary hardware; to the Committee on Foreign Finance. sumption’’ (98F–0014), received August 18, Relations. EC–4700. A communication from the Chief, 1999; to the Committee on Health, Education, EC–4689. A communication from the Assist- Regulations Unit, Internal Revenue Service, Labor, and Pensions. ant Legal Adviser for Treaty Affairs, Depart- Department of the Treasury, transmitting, EC–4712. A communication from the Direc- ment of State, transmitting, pursuant to pursuant to law, the report of a rule entitled tor, Regulations Policy and Management law, the report of the texts and background ‘‘Furnishing Identifying Number of Income Staff, Food and Drug Administration, De- statements of international agreements, Tax Return Preparer’’ (RIN1545–AX27), re- partment of Health and Human Services, other than treaties; to the Committee on ceived August 12, 1999; to the Committee on transmitting, pursuant to law, the report of Foreign Relations. Finance. a rule entitled ‘‘Food Additives Permitted EC–4690. A communication from the Rules EC–4701. A communication from the Chief, for Direct Addition to Food for Human Con- Administrator, Federal Bureau of Prisons, Regulations Unit, Internal Revenue Service, sumption; Petroleum Wax’’ (96F–0415), re- Department of Justice, transmitting, pursu- Department of the Treasury, transmitting, ceived August 18, 1999; to the Committee on ant to law, the report of a rule entitled pursuant to law, the report of a rule entitled Health, Education, Labor, and Pensions. ‘‘Cost of Incarceration Fee’’ (RIN1120–AA75), ‘‘Inbound Grantor Trusts With Foreign EC–4713. A communication from the Direc- received August 10, 1999; to the Committee Grantors’’ (RIN1545–AU90) (TD8831), received tor, Regulations Policy and Management on the Judiciary. August 9, 1999; to the Committee on Finance. Staff, Food and Drug Administration, De- EC–4691. A communication from the Gen- EC–4702. A communication from the Chief, partment of Health and Human Services, eral Counsel, National Tropical Botanical Regulations Unit, Internal Revenue Service, transmitting, pursuant to law, the report of Garden, transmitting, pursuant to law, the Department of the Treasury, transmitting, a rule entitled ‘‘Food Additives Permitted audit report for calendar year 1998; to the pursuant to law, the report of a rule entitled for Direct Addition to Food for Human Con- Committee on the Judiciary. ‘‘Treatment of Distributions to Foreign Per- sumption; Sucralose’’ (99F–0001), received EC–4692. A communication from the Dep- sons Under Section 367(e) and 367(e)(2)’’ August 18, 1999; to the Committee on Health, uty Executive Secretary, Health Care Fi- (RIN1545–AU22) (TD8834), received August 9, Education, Labor, and Pensions. nancing Administration, transmitting, pur- 1999; to the Committee on Finance. EC–4714. A communication from the Direc- suant to law, the report of a rule entitled EC–4703. A communication from the Sec- tor, Regulations Policy and Management ‘‘Revision of the Procedures for Requesting retary of the Interior, transmitting, pursu- Staff, Food and Drug Administration, De- Exceptions to Cost Limits for Skilled Nurs- ant to law, a report relative to the Helium partment of Health and Human Services, ing Facilities and Elimination of Classifica- Privatization Act of 1996; to the Committee transmitting, pursuant to law, the report of tions (HCFA–1883–F)’’ (RIN0938–AH73), re- on Energy and Natural Resources. a rule entitled ‘‘Food Additives Permitted ceived August 10, 1999; to the Committee on EC–4704. A communication from the Assist- for Direct Addition to Food for Human Con- Finance. ant General Counsel for Regulatory Law, Of- sumption; Sucralose Acetate Isobutyrate;

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10592 CONGRESSIONAL RECORD — SENATE September 8, 1999 Correction’’ (91F–0228), received August 10, ministration, transmitting, pursuant to law, EC–4734. A communication from the Direc- 1999; to the Committee on Health, Education, the report of a rule entitled ‘‘12 CFR Part tor, Office of Regulatory Management and Labor, and Pensions. 708a; Conversion of Insured Credit Unions to Information, Office of Policy, Planning and EC–4715. A communication from the Direc- Mutual Savings Banks’’, received August 18, Evaluation, Environmental Protection Agen- tor, Corporate Policy and Research Depart- 1999; to the Committee on Banking, Housing, cy, transmitting, pursuant to law, the report ment, Pension Benefit Guaranty Corpora- and Urban Affairs. of a rule entitled ‘‘Approval and Promulga- tion, transmitting, pursuant to law, the re- EC–4726. A communication from the Chair- tion of Air Quality Implementation Plans; port of a rule entitled ‘‘Allocation of Assets man, Nuclear Regulatory Commission, trans- Maryland: Control of VOC Emissions from in Single-Employer Plans; Interest Assump- mitting, pursuant to law, the annual report Reinforced Plastics Manufacturing’’ (FRL tions for Valuing Benefits’’, received August for fiscal year 1998; to the Committee on En- #6419–1), received August 10, 1999; to the 10, 1999; to the Committee on Health, Edu- vironment and Public Works. Committee on Environment and Public cation, Labor, and Pensions. EC–4727. A communication from the Direc- Works. EC–4716. A communication from the Assist- tor, Office of Congressional Affairs, Office of EC–4735. A communication from the Direc- ant Secretary for Employment Standards, Enforcement, Office of Nuclear Reactor Reg- tor, Office of Regulatory Management and Employment Standards Administration, Of- ulation, Nuclear Regulatory Commission, Information, Office of Policy, Planning and fice of Labor-Management Standards, De- transmitting, pursuant to law, the report of Evaluation, Environmental Protection Agen- partment of Labor, transmitting, pursuant a rule entitled ‘‘General Statement of Policy cy, transmitting, pursuant to law, the report to law, the report of a rule entitled ‘‘Amend- and Procedures for NRC Enforcement Ac- of a rule entitled ‘‘Approval and Promulga- ment of Section 5333(b) Guidelines to Carry tions, NUREG–1600 Rev. 1’’, received August tion of Implementation Plans; California Out New Programs Authorized by the Trans- 12, 1999; to the Committee on Environment State Implementation Plan Revisions for Six portation Equity Act for the 21st Century and Public Works. California Air Pollution Control Districts’’ (TEA–21)’’ (RIN1215–AB25), received August EC–4728. A communication from the Direc- (FRL #6420–4), received August 10, 1999; to 18, 1999; to the Committee on Health, Edu- tor, Office of Regulatory Management and the Committee on Environment and Public cation, Labor, and Pensions. Information, Office of Policy, Planning and Works. EC–4717. A communication from the Fiscal Evaluation, Environmental Protection Agen- EC–4736. A communication from the Direc- Assistant Secretary, Department of the cy, transmitting, pursuant to law, the report tor, Office of Regulatory Management and Treasury, transmitting, pursuant to law, a of a rule entitled ‘‘Approval and Promulga- Information, Office of Policy, Planning and report relative to the purchase upon issuance tion of State Plans for Designated Facilities Evaluation, Environmental Protection Agen- of securities issued by the Secretary of the and Pollutants; Control of Emissions From cy, transmitting, pursuant to law, the report Treasury; to the Committee on Banking, Hospital/Medical/Infectious Waste Inciner- of a rule entitled ‘‘Approval and Promulga- Housing, and Urban Affairs. ators (HMIWIs); State of Missouri’’ (FRL tion of Implementation Plans; California EC–4718. A communication from the Presi- #6421–6), received August 12, 1999; to the State Implementation Plan Revision: Bay dent of the United States, transmitting, pur- Committee on Environment and Public Area Air Quality Management District, Kern suant to law, a 6-month periodic report rel- Works. County Air Pollution Control District, Mon- EC–4729. A communication from the Direc- ative to the national emergency caused by terey Bay Unified Air Pollution Control Dis- tor, Office of Regulatory Management and the lapse of the Export Administration Act trict, South Coast Air Quality Management Information, Office of Policy, Planning and of 1979; to the Committee on Banking, Hous- District’’ (FRL #6420–34), received August 10, Evaluation, Environmental Protection Agen- ing, and Urban Affairs. 1999; to the Committee on Environment and cy, transmitting, pursuant to law, the report EC–4719. A communication from the Chair- Public Works. of a rule entitled ‘‘Approval and Promulga- man, Federal Housing Finance Board, trans- EC–4737. A communication from the Direc- tion of State Air Quality Plans for Des- mitting, pursuant to law, a combined annual tor, Office of Regulatory Management and ignated Facilities and Pollutants; Pennsyl- report for the Federal Housing Finance Information, Office of Policy, Planning and vania; Large Municipal Waste Combustors Board and the low-income housing and com- Evaluation, Environmental Protection Agen- (MWCs)’’ (FRL #6426–1), received August 18, munity development activities of the Fed- cy, transmitting, pursuant to law, the report 1999; to the Committee on Environment and eral Home Loan Bank System; to the Com- of a rule entitled ‘‘Approval and Promulga- Public Works. mittee on Banking, Housing, and Urban Af- EC–4730. A communication from the Direc- tion of Implementation Plans; California fairs. tor, Office of Regulatory Management and State Implementation Plan Revision: South EC–4720. A communication from the Gen- Information, Office of Policy, Planning and Coast Air Quality Management District; eral Counsel, Federal Emergency Manage- Evaluation, Environmental Protection Agen- Ventura County Air Pollution Control Dis- ment Agency, transmitting, pursuant to law, cy, transmitting, pursuant to law, the report trict; Mojave Desert Air Quality Manage- the report of a rule entitled ‘‘List of Commu- of a rule entitled ‘‘Approval and Promulga- ment District’’ (FRL #6419–9), received Au- nities Eligible for the Sale of Flood Insur- tion of State Air Quality Plans (SIP); In- gust 10, 1999; to the Committee on Environ- ance; 64 FR 42852; 08/06/99’’ (Docket No. terim Final Determination that Louisiana ment and Public Works. FEMA–7718), received August 12, 1999; to the Continues to Correct the Deficiencies of its EC–4738. A communication from the Direc- Committee on Banking, Housing, and Urban Enhanced Inspection and Maintenance (I/M) tor, Office of Regulatory Management and Affairs. SIP Revision’’ (FRL #6422–3), received Au- Information, Office of Policy, Planning and EC–4721. A communication from the Acting gust 18, 1999; to the Committee on Environ- Evaluation, Environmental Protection Agen- General Counsel, National Credit Union Ad- ment and Public Works. cy, transmitting, pursuant to law, the report ministration, transmitting, pursuant to law, EC–4731. A communication from the Direc- of a rule entitled ‘‘Approval and Promulga- the report of a rule entitled ‘‘12 CFR 701.21; tor, Office of Regulatory Management and tion of State Plans for Designated Facilities Loan Interest Rates’’ (RIN3133–AC25), re- Information, Office of Policy, Planning and and Pollutants; North Dakota; Control of ceived August 18, 1999; to the Committee on Evaluation, Environmental Protection Agen- emissions From Existing Hospital/Medical/ Banking, Housing, and Urban Affairs. cy, transmitting, pursuant to law, the report Infectious Waste Incinerators; Correction’’ EC–4722. A communication from the Acting of a rule entitled ‘‘Approval and Promulga- (FRL #6421–9), received August 10, 1999; to General Counsel, National Credit Union Ad- tion of State Plans for Designated Facilities the Committee on Environment and Public ministration, transmitting, pursuant to law, and Pollutants: South Carolina’’ (FRL #6426– Works. the report of a rule entitled ‘‘12 CFR Part 8), received August 18, 1999; to the Com- EC–4739. A communication from the Direc- 707; Truth in Savings’’, received August 18, mittee on Environment and Public Works. tor, Office of Regulatory Management and 1999; to the Committee on Banking, Housing, EC–4732. A communication from the Direc- Information, Office of Policy, Planning and and Urban Affairs. tor, Office of Regulatory Management and Evaluation, Environmental Protection Agen- EC–4723. A communication from the Acting Information, Office of Policy, Planning and cy, transmitting, pursuant to law, the report General Counsel, National Credit Union Ad- Evaluation, Environmental Protection Agen- of a rule entitled ‘‘Approval and Promulga- ministration, transmitting, pursuant to law, cy, transmitting, pursuant to law, the report tion of Air Quality Implementation Plans; the report of a rule entitled ‘‘12 CFR Part of a rule entitled ‘‘North Carolina: Final Au- New Hampshire; General Conformity’’ (FRL 701; Organization and Operation of Federal thorization of State Hazardous Waste Man- #6416–2), received August 10, 1999; to the Credit Unions Charitable Contributions’’, re- agement Program Revision’’ (FRL #6427–2), Committee on Environment and Public ceived August 18, 1999; to the Committee on received August 18, 1999; to the Committee Works. Banking, Housing, and Urban Affairs. on Environment and Public Works. EC–4740. A communication from the Direc- EC–4724. A communication from the Acting EC–4733. A communication from the Direc- tor, Office of Regulatory Management and General Counsel, National Credit Union Ad- tor, Office of Regulatory Management and Information, Office of Policy, Planning and ministration, transmitting, pursuant to law, Information, Office of Policy, Planning and Evaluation, Environmental Protection Agen- the report of a rule entitled ‘‘12 CFR Part Evaluation, Environmental Protection Agen- cy, transmitting, pursuant to law, the report 701.30; Safe Deposit Box Service’’ (RIN3133– cy, transmitting, pursuant to law, the report of a rule entitled ‘‘Approval and Promulga- AC19), received August 18, 1999; to the Com- of a rule entitled ‘‘Texas: Final Authoriza- tion of Air Quality Implementation Plan; mittee on Banking, Housing, and Urban Af- tion of State Hazardous Waste Management Connecticut; Approval of National Low fairs. Program Revisions’’ (FRL #6424–1), received Emission Vehicle Program’’ (FRL #6417–5), EC–4725. A communication from the Acting August 12, 1999; to the Committee on Envi- received August 10, 1999; to the Committee General Counsel, National Credit Union Ad- ronment and Public Works. on Environment and Public Works.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10593 EC–4741. A communication from the Direc- California; Use of Estimated Trade Demand bridge Regulations; Shrewsbury River, tor, Office of Regulatory Management and to Compute Volume Regulation Percent- NJ(CGD–01–99–010)’’ (RIN2115–AE47) (1999– Information, Office of Policy, Planning and ages’’ (FV99–989–4 FR), received August 18, 0036), received August 10, 1999; to the Com- Evaluation, Environmental Protection Agen- 1999; to the Committee on Agriculture, Nu- mittee on Commerce, Science, and Transpor- cy, transmitting, pursuant to law, the report trition, and Forestry. tation. of a rule entitled ‘‘Approval and Promulga- EC–4750. A communication from the Chief, EC–4759. A communication from the Attor- tion of Implementation Plans; California Natural Resources Conservation Service, De- ney, Research and Special Programs Admin- State Implementation Plan Revision, South partment of Agriculture, transmitting, pur- istration, Department of Transportation, Coast Air Quality Management District’’ suant to law, the report of a rule entitled transmitting, pursuant to law, the report of (FRL #6409–4), received August 10, 1999; to ‘‘Technical Assistance’’ (RIN0578–AA22), re- a rule entitled ‘‘Harmonization with the the Committee on Environment and Public ceived August 12, 1999; to the Committee on United Nations Recommendations, Inter- Works. Agriculture, Nutrition, and Forestry. national Maritime Dangerous Goods Code, EC–4742. A communication from the Direc- EC–4751. A communication from the Chief, and International Civil Aviation Organiza- tor, Office of Regulatory Management and Office of Regulations and Administrative tion’s Technical Instructions; Technical Cor- Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of rections and Denial of Petitions for Recon- Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to sideration’’ (RIN2137–AD15) (1999–0002), re- cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘User Fees ceived August 12, 1999; to the Committee on of a rule entitled ‘‘Approval and Promulga- for Licenses, Certificates of Registry, and Commerce, Science, and Transportation. tion of Implementation Plans; Wisconsin’’ Merchant Mariner Documents (USCG–1997– EC–4760. A communication from the Attor- (FRL #6414–7), received August 10, 1999; to 2799)’’ (RIN2115–AF49) (1999–0001), received ney Advisor, Research and Special Programs the Committee on Environment and Public August 10, 1999; to the Committee on Com- Administration, Department of Transpor- Works. merce, Science, and Transportation. tation, transmitting, pursuant to law, the re- EC–4743. A communication from the Direc- EC–4752. A communication from the Chief, port of a rule entitled ‘‘Hazardous Materials: tor, Office of Regulatory Management and Office of Regulations and Administrative Oxidizers and Compressed Oxygen Aboard Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of Aircraft’’ (RIN2137–AC92), received August Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to 18, 1999; to the Committee on Commerce, cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘Year 2000 Science, and Transportation. of a rule entitled ‘‘National Emission Stand- (Y2K) Requirements for Vessels and Marine EC–4761. A communication from the Spe- ards for Hazardous Air Pollutants: Halo- Facilities; Enforcement Date Change (USCG– cial Assistant to the Bureau Chief, Mass genated Solvent Cleaning’’ (FRL #6419–5), re- 1998–4819)’’ (RIN2115–AF85) (1999–0002), re- Media Bureau, Federal Communications ceived August 10, 1999; to the Committee on ceived August 10, 1999; to the Committee on Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Environment and Public Works. Commerce, Science, and Transportation. EC–4744. A communication from the Direc- EC–4753. A communication from the Chief, Section 73.202(b), Table of Allotments, FM tor, Office of Regulatory Management and Office of Regulations and Administrative Broadcast Stations (Annville, KY; Liberty, Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of PA; Clarendon, PA; and Ridgeley, WV) (MM Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to Docket Nos. 99–51; 99–52; 99–53; and 99–54), re- cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘Update of ceived August 9, 1999; to the Committee on of a rule entitled ‘‘Buprofezin; Extension of Standards from American Society for Test- Commerce, Science, and Transportation. EC–4762. A communication from the Spe- Tolerance for Emergency Exemptions’’ (FRL ing and Materials (ASTM)(USCG–1999–5151)’’ cial Assistant to the Bureau Chief, Mass #6096–3), received August 10, 1999; to the (RIN2115–AF80), received August 18, 1999; to Media Bureau, Federal Communications Committee on Agriculture, Nutrition, and the Committee on Commerce, Science, and Commission, transmitting, pursuant to law, Transportation. Forestry. the report of a rule entitled ‘‘Amendment of EC–4745. A communication from the Direc- EC–4754. A communication from the Chief, Section 73.202(b), Table of Allotments, FM tor, Office of Regulatory Management and Office of Regulations and Administrative Broadcast Stations (Manson, IA; Rudd, IA; Information, Office of Policy, Planning and Law, U.S. Coast Guard, Department of Pleasantville, IA; Dunkerton, IA; and Man- Evaluation, Environmental Protection Agen- Transportation, transmitting, pursuant to ville, WY) (MM Docket Nos. 99–91; 99–92; 99– cy, transmitting, pursuant to law, the report law, the report of a rule entitled ‘‘Safety/Se- 93; 99–95; and 99–97), received August 9, 1999; of a rule entitled ‘‘Carfentrazone-ethyl; Ex- curity Zone Regulations; The Clinton Blue- to the Committee on Commerce, Science, tension of Tolerances for Emergency Exemp- fish Festival Fireworks Display, Clinton and Transportation. tion’’ (FRL #6097–8), received August 10, 1999; Harbor, Clinton, CT (CGD–01–99–118)’’ EC–4763. A communication from the Spe- to the Committee on Agriculture, Nutrition, (RIN2115–AF97) (1999–0049), received August cial Assistant to the Bureau Chief, Mass and Forestry. 10, 1999; to the Committee on Commerce, Media Bureau, Federal Communications EC–4746. A communication from the Direc- Science, and Transportation. Commission, transmitting, pursuant to law, tor, Office of Regulatory Management and EC–4755. A communication from the Chief, the report of a rule entitled ‘‘Amendment of Information, Office of Policy, Planning and Office of Regulations and Administrative Section 73.202(b), Table of Allotments, FM Evaluation, Environmental Protection Agen- Law, U.S. Coast Guard, Department of Broadcast Stations (Corrigan, TX and cy, transmitting, pursuant to law, the report Transportation, transmitting, pursuant to Lufkin, TX) (MM Docket Nos. 98–135), re- of a rule entitled ‘‘Demedipham; Extension law, the report of a rule entitled ‘‘Safety/Se- ceived August 9, 1999; to the Committee on of Tolerances for Emergency Exemption’’ curity Zone Regulations; Columbia River, Commerce, Science, and Transportation. (FRL #6096–7), received August 10, 1999; to St. Helens, OR to Port of Benton, WA (CGD– EC–4764. A communication from the Dep- the Committee on Agriculture, Nutrition, 13–99–033)’’ (RIN2115–AF97) (1999–0050), re- uty Assistant Administrator, Office of Oce- and Forestry. ceived August 10, 1999; to the Committee on anic and Atmospheric Research, National EC–4747. A communication from the Direc- Commerce, Science, and Transportation. Oceanic and Atmospheric Administration, tor, Office of Regulatory Management and EC–4756. A communication from the Chief, Department of Commerce, transmitting, pur- Information, Office of Policy, Planning and Office of Regulations and Administrative suant to law, the report of a rule entitled Evaluation, Environmental Protection Agen- Law, U.S. Coast Guard, Department of ‘‘NOAA Climate and Global Change Pro- cy, transmitting, pursuant to law, the report Transportation, transmitting, pursuant to gram’’ (RIN0648–ZA65), received August 10, of a rule entitled ‘‘Pyridate; Pesticide Toler- law, the report of a rule entitled ‘‘Safety/Se- 1999; to the Committee on Commerce, ances for Emergency Exemptions’’ (FRL curity Zone Regulations; Port of New York/ Science, and Transportation. #6094–7), received August 10, 1999; to the New Jersey Annual Marine Events (CGD–13– EC–4765. A communication from the Dep- Committee on Agriculture, Nutrition, and 99–135)’’ (RIN2115–AF97) (1999–0051), received uty Assistant Administrator for Fisheries, Forestry. August 18, 1999; to the Committee on Com- Office of Sustainable Fisheries, National Ma- EC–4748. A communication from the Direc- merce, Science, and Transportation. rine Fisheries Service, Department of Com- tor, Office of Regulatory Management and EC–4757. A communication from the Chief, merce, transmitting, pursuant to law, the re- Information, Office of Policy, Planning and Office of Regulations and Administrative port of a rule entitled ‘‘Interim Final Rule to Evaluation, Environmental Protection Agen- Law, U.S. Coast Guard, Department of Adjust the Gulf of Maine Cod Landing cy, transmitting, pursuant to law, the report Transportation, transmitting, pursuant to Limit’’ (RIN0648–AM87), received August 18, of a rule entitled ‘‘Pyriproxyfen; Reestab- law, the report of a rule entitled ‘‘Regatta 1999; to the Committee on Commerce, lishment of Tolerances for Emergency (FRL Regulations; SLR; Rising Sun Regatta Ohio Science, and Transportation. #6098–1), received August 12, 1999; to the River Mile 505.0–507.0, Rising Sun, IN (CGD– EC–4766. A communication from the Direc- Committee on Agriculture, Nutrition, and 08–99–049)’’ (RIN2115–AE46) (1999–0032), re- tor, Office of Sustainable Fisheries, National Forestry. ceived August 10, 1999; to the Committee on Marine Fisheries Service, Department of EC–4749. A communication from the Ad- Commerce, Science, and Transportation. Commerce, transmitting, pursuant to law, ministrator, Agricultural Marketing Serv- EC–4758. A communication from the Chief, the report of a rule entitled ‘‘Closure for ice, Marketing and Regulatory Programs, Office of Regulations and Administrative Thornyhead Rockfish in the Western Regu- Department of Agriculture, transmitting, Law, U.S. Coast Guard, Department of latory Area of the Gulf of Alaska’’, received pursuant to law, the report of a rule entitled Transportation, transmitting, pursuant to August 10, 1999; to the Committee on Com- ‘‘Raisins Produced From Grapes Grown In law, the report of a rule entitled ‘‘Draw- merce, Science, and Transportation.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10594 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4767. A communication from the Acting ka to Retention of Sablefish With Trawl Department of the Treasury, transmitting, Director, Office of Sustainable Fisheries, Na- Gear’’, received August 18, 1999; to the Com- pursuant to law, the report of a rule entitled tional Marine Fisheries Service, Department mittee on Commerce, Science, and Transpor- ‘‘September 1999 Applicable Federal Rates’’ of Commerce, transmitting, pursuant to law, tation. (Revenue Ruling 99–37), received August 19, the report of a rule entitled ‘‘Fisheries off EC–4776. A communication from the Acting 1999; to the Committee on Finance. West Coast States in the Western Pacific; Director, Office of Sustainable Fisheries, Na- EC–4789. A communication from the Chief, Pacific Coast Groundfish Fishery; Trip Limit tional Marine Fisheries Service, Department Regulations Unit, Internal Revenue Service, Adjustments’’, received August 10, 1999; to of Commerce, transmitting, pursuant to law, Department of the Treasury, transmitting, the Committee on Commerce, Science, and the report of a rule entitled ‘‘Closure of the pursuant to law, the report of a rule entitled Transportation. Central Regulatory Area of the Gulf of Alas- ‘‘Announcement 99–89, Correction of Rev. EC–4768. A communication from the Acting ka to Directed Fishing for Pacific Ocean Rul. 99–23’’ (Ann. 99–89), received August 19, Director, Office of Sustainable Fisheries, Na- Perch’’, received August 12, 1999; to the Com- 1999; to the Committee on Finance. tional Marine Fisheries Service, Department mittee on Commerce, Science, and Transpor- EC–4790. A communication from the Chief, of Commerce, transmitting, pursuant to law, tation. Regulations Unit, Internal Revenue Service, the report of a rule entitled ‘‘Fisheries off EC–4777. A communication from the Acting Department of the Treasury, transmitting, West Coast States in the Western Pacific; Director, Office of Sustainable Fisheries, Na- pursuant to law, the report of a rule entitled West Coast Salmon Fisheries; Commercial tional Marine Fisheries Service, Department ‘‘1999 National Pool’’ (Rev. Proc. 99–23), re- Closure from Fort Ross to Point Reyes, CA; of Commerce, transmitting, pursuant to law, ceived August 24, 1999; to the Committee on Inseason Adjustment from Cape Flattery to the report of a rule entitled ‘‘Closure of the Finance. Leadbetter Point, WA’’, received August 10, Western Regulatory Area of the Gulf of Alas- EC–4791. A communication from the Chief, 1999; to the Committee on Commerce, ka to Retention of Other Rockfish’’, received Regulations Unit, Internal Revenue Service, Science, and Transportation. August 12, 1999; to the Committee on Com- Department of the Treasury, transmitting, EC–4769. A communication from the Acting merce, Science, and Transportation. pursuant to law, the report of a rule entitled Director, Office of Sustainable Fisheries, Na- EC–4778. A communication from the Assist- ‘‘Weighted Average Interest Rate Update’’ tional Marine Fisheries Service, Department ant Secretary of Defense, transmitting, pur- (Notice 99–39), received August 24, 1999; to of Commerce, transmitting, pursuant to law, suant to law, a report relative to the imple- the Committee on Finance. the report of a rule entitled ‘‘Fisheries of the mentation of the TRICARE program; to the EC–4792. A communication from the Sec- Exclusive Economic Zone off Alaska: Pacific Committee on Armed Services. retary of Health and Human Services, trans- Ocean Perch in the Central Regulatory EC–4779. A communication from the Under mitting, pursuant to law, a report relative to Area’’, received August 10, 1999; to the Com- Secretary of the Navy, transmitting, pursu- the level of coverage and expenditures for re- mittee on Commerce, Science, and Transpor- ant to law, a report relative to the decision ligious nonmedical health care institutions tation. to study certain functions performed by for fiscal year 1997; to the Committee on Fi- EC–4770. A communication from the Acting military and civilian personnel for possible nance. Director, Office of Sustainable Fisheries, Na- performance by private contractors; to the EC–4793. A communication from the Sec- tional Marine Fisheries Service, Department Committee on Armed Services. retary of Transportation, transmitting, pur- of Commerce, transmitting, pursuant to law, EC–4780. A communication from the Sec- suant to law, a report entitled ‘‘Transition the report of a rule entitled ‘‘Fisheries of the retary of Defense, transmitting, the report of to Quieter Airplanes’’; to the Committee on Exclusive Economic Zone off Alaska: Pacific a retirement; to the Committee on Armed Commerce, Science, and Transportation. Ocean Perch in the Central Regulatory Services. EC–4794. A communication from the Sec- Area’’, received August 10, 1999; to the Com- EC–4781. A communication from the Assist- retary of the Treasury, transmitting, pursu- mittee on Commerce, Science, and Transpor- ant Secretary, Legislative Affairs, Depart- ant to law, a report relative to the Tele- tation. ment of State, transmitting, pursuant to communications Development Fund; to the EC–4771. A communication from the Acting law, a report relative to the Panama Canal Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, Na- Act of 1979; to the Committee on Armed Transportation. tional Marine Fisheries Service, Department Services. EC–4795. A communication from the Presi- of Commerce, transmitting, pursuant to law, EC–4782. A communication from the Presi- dent of The United States, transmitting, the report of a rule entitled ‘‘Fisheries of the dent of the United States, transmitting, pur- pursuant to law, a report relative to the na- Exclusive Economic Zone off Alaska: North- suant to law, a report relative to Iraq’s tional emergency with respect to Iraq; to the ern Rockfish in the Central Regulatory weapons of mass destruction programs; to Committee on Banking, Housing, and Urban Area’’, received August 10, 1999; to the Com- the Committee on Foreign Relations. Affairs. mittee on Commerce, Science, and Transpor- EC–4783. A communication from the Assist- EC–4796. A communication from the Acting tation. ant Legal Adviser for Treaty Affairs, Depart- Assistant Attorney General, transmitting, EC–4772. A communication from the Acting ment of State, transmitting, pursuant to pursuant to law, a report relative to the Director, Office of Sustainable Fisheries, Na- law, the report of the texts and background Equal Credit Opportunities Act for calendar tional Marine Fisheries Service, Department statements of international agreements, years 1996 and 1997; to the Committee on of Commerce, transmitting, pursuant to law, other than treaties; to the Committee on Banking, Housing, and Urban Affairs. the report of a rule entitled ‘‘Fisheries of the Foreign Relations. EC–4797. A communication from the Man- Exclusive Economic Zone off Alaska: North- EC–4784. A communication from the Direc- aging Director, Federal Housing Finance ern Rockfish in the Central Regulatory tor, Office of Government Ethics, transmit- Board, transmitting, pursuant to law, the re- Area’’, received August 10, 1999; to the Com- ting, pursuant to law, the report of a rule en- port of a rule entitled ‘‘Availability of Un- mittee on Commerce, Science, and Transpor- titled ‘‘Civil Monetary Penalties Inflation published Information’’ (RIN3069–AA81), re- tation. Adjustments for Ethics in Government Act ceived August 20, 1999; to the Committee on EC–4773. A communication from the Acting Violations’’ (RIN3209–AA00 & 3209–AA13), re- Banking, Housing, and Urban Affairs. Director, Office of Sustainable Fisheries, Na- ceived August 24, 1999; to the Committee on EC–4798. A communication from the Presi- tional Marine Fisheries Service, Department Governmental Affairs. dent and Chairman, Export-Import Bank of of Commerce, transmitting, pursuant to law, EC–4785. A communication from the Execu- the United States, transmitting, pursuant to the report of a rule entitled ‘‘Fisheries of the tive Director, Committee for Purchase from law, a report relative to a transaction in- Exclusive Economic Zone off Alaska: Deep- People who are Blind or Severely Disabled, volving U.S. exports to the People’s Republic Water Species Fishery by Vessels using transmitting, pursuant to law, the report of of China; to the Committee on Banking, Trawl Gear in the Gulf of Alaska’’, received a rule relative to additions to the Procure- Housing, and Urban Affairs. August 10, 1999; to the Committee on Com- ment List, received August 20, 1999; to the EC–4799. A communication from the Assist- merce, Science, and Transportation. Committee on Governmental Affairs. ant General Counsel For Regulations, De- EC–4774. A communication from the Acting EC–4786. A communication from the Chair- partment of Housing and Urban Develop- Director, Office of Sustainable Fisheries, Na- man and the President, The John F. Kennedy ment, transmitting, pursuant to law, the re- tional Marine Fisheries Service, Department Center for the Performing Arts, transmit- port of a rule entitled ‘‘Section 8 Tenant of Commerce, transmitting, pursuant to law, ting, pursuant to law, the 1998 annual report; Based Assistance; Statutory Merger of Sec- the report of a rule entitled ‘‘Fisheries of the to the Committee on Rules and Administra- tion 8 Certificate and Voucher Programs; No- Exclusive Economic Zone off Alaska: Deep- tion. tice of Change in Effective Date’’ (RIN2577– Water Species Fishery by Vessels using EC–4787. A communication from the Chief, AB91) (FR–4428–N–02), received August 24, Trawl Gear in the Gulf of Alaska’’, received Regulations Unit, Internal Revenue Service, 1999; to the Committee on Banking, Housing, August 10, 1999; to the Committee on Com- Department of the Treasury, transmitting, and Urban Affairs. merce, Science, and Transportation. pursuant to law, the report of a rule entitled EC–4800. A communication from the Assist- EC–4775. A communication from the Acting ‘‘Boyd Gaming Commission v. Commis- ant General Counsel For Regulations, De- Director, Office of Sustainable Fisheries, Na- sioner, Announcement 99–77’’ (Announce- partment of Housing and Urban Develop- tional Marine Fisheries Service, Department ment 99–77), received August 19, 1999; to the ment, transmitting, pursuant to law, the re- of Commerce, transmitting, pursuant to law, Committee on Finance. port of a rule entitled ‘‘Compliance Proce- the report of a rule entitled ‘‘Closure of the EC–4788. A communication from the Chief, dures for Affirmative Fair Housing Mar- Central Regulatory Area of the Gulf of Alas- Regulations Unit, Internal Revenue Service, keting; Nomenclature Change’’ (RIN2529–

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10595 AA87) (FR–4514–F–01), received August 24, transmitting, pursuant to law, the report of Gypsy Moth Host Materials from Canada’’ 1999; to the Committee on Banking, Housing, a rule entitled ‘‘General and Plastic Surgery (Docket #98–110–1), received August 20, 1999; and Urban Affairs. Devices, Effective Date of Requirement for to the Committee on Agriculture, Nutrition, EC–4801. A communication from the Assist- Premarket Approval of the Silicone Inflat- and Forestry. ant General Counsel For Regulations, De- able Breast Prosthesis’’ (RIN0910–A217), re- EC–4820. A communication from the Ad- partment of Housing and Urban Develop- ceived August 20, 1999; to the Committee on ministrator, Food Safety and Inspection ment, transmitting, pursuant to law, the re- Health, Education, Labor, and Pensions. Service, Department of Agriculture, trans- port of a rule entitled ‘‘HUD Acquisition EC–4811. A communication from the Acting mitting, pursuant to law, the report of a rule Regulation; Miscellaneous Revisions’’ Director, Office of Standards, Regulations, entitled ‘‘Electronic Freedom of Information (RIN2525–AA24) (FR–4115–I–01), received Au- and Variances, Mine Safety and Health Ad- Act’’ (Docket #99–034–F), received August 19, gust 24, 1999; to the Committee on Banking, ministration, Department of Labor, trans- 1999; to the Committee on Agriculture, Nu- Housing, and Urban Affairs. mitting, pursuant to law, the report of a rule trition, and Forestry. EC–4802. A communication from the Assist- entitled ‘‘Removal of 30 CFR Parts 26 and 29; EC–4821. A communication from the Ad- ant General Counsel, Office of the Chief Fi- Removal of 30 CFR Part 75, Subpart S and ministrator, Food Safety and Inspection nancial Officer, Department of Education, Revision of Subpart I’’ (RIN1219–AA98), re- Service, Department of Agriculture, trans- transmitting, pursuant to law, the report of ceived August 20, 1999; to the Committee on mitting, pursuant to law, the report of a rule a rule entitled ‘‘Final Regulations: Direct Health, Education, Labor, and Pensions. entitled ‘‘Use of Soy Protein Concentrate, Grant Programs’’, received August 24, 1999; EC–4812. A communication from the Acting Modified Food Starch, and Carrageenan as to the Committee on Health, Education, Director, Office of Standards, Regulations, Binders in Certain Meat Products’’ (RIN0583– Labor, and Pensions. and Variances, Mine Safety and Health Ad- AB82), received August 20, 1999; to the Com- EC–4803. A communication from the Gen- ministration, Department of Labor, trans- mittee on Agriculture, Nutrition, and For- eral Counsel, Federal Emergency Manage- mitting, pursuant to law, the report of a rule estry. ment Agency, transmitting, pursuant to law, entitled ‘‘Safety Standard for Preshift Ex- EC–4822. A communication from the Ad- the report of a rule entitled ‘‘Suspension of aminations in Underground Coal Mines’’ ministrator, Agricultural Marketing Serv- Community Eligibility; 64 FR 44421; 08/16/99’’ (RIN1219–AB10), received August 20, 1999; to ice, Department of Agriculture, transmit- (Docket No. FEMA–7719), received August 20, the Committee on Health, Education, Labor, ting, pursuant to law, the report of a rule en- 1999; to the Committee on Banking, Housing, and Pensions. titled ‘‘Pork Promotion, Research, and Con- and Urban Affairs. EC–4813. A communication from the Acting sumer Information Order—Decrease in Im- EC–4804. A communication from the Sec- Director, Office of Standards, Regulations, porter Assessments’’ (LS–99–03), received Au- retary, Division of Investment Management, and Variances, Mine Safety and Health Ad- gust 19, 1999; to the Committee on Agri- Securities and Exchange Commission, trans- ministration, Department of Labor, trans- culture, Nutrition, and Forestry. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–4823. A communication from the Direc- entitled ‘‘Amendments to Rule 17j–1 under entitled ‘‘Calibration and Maintenance Pro- tor, Office of Procurement and Property the Investment Company Act of 1940; Per- cedures for Wet-Test Meters and Coal Mine Management, Department of Agriculture, sonal Investment Activities of Investment Respirable Dust Samplers’’ (RIN1219–AA98), transmitting, pursuant to law, the report of Company Personnel’’ (RIN3235–AG27), re- received August 20, 1999; to the Committee a rule entitled ‘‘Agriculture Acquisition Reg- ceived August 24, 1999; to the Committee on on Health, Education, Labor, and Pensions. ulation; Part 413 Reorganization; Simplified Banking, Housing, and Urban Affairs. EC–4814. A communication from the Assist- Acquisition Procedures’’ (RIN0599–AA04), re- EC–4805. A communication from the Sec- ant General Counsel for Regulatory Law, Of- ceived August 20, 1999; to the Committee on retary of Health and Human Services, trans- fice of Environment, Safety and Health, De- Agriculture, Nutrition, and Forestry. mitting, pursuant to law, a report entitled partment of Energy, transmitting, pursuant EC–4824. A communication from the Acting ‘‘Performance Improvement 1999: Evaluation to law, the report of a rule entitled ‘‘Radi- Director, Fish and Wildlife Service, Depart- Activities of the U.S. Department of Health ation-Generating Devices Guide’’ (DOE G ment of the Interior, transmitting, pursuant and Human Services’’ for fiscal year 1998; to 441.1–5), received August 20, 1999; to the Com- to law, the report of a rule entitled ‘‘Endan- the Committee on Health, Education, Labor, mittee on Energy and Natural Resources. gered and Threatened Wildlife and Plants; and Pensions. EC–4815. A communication from the Assist- Final Rule to Remove the American Per- EC–4806. A communication from the Chair- ant General Counsel for Regulatory Law, Of- egrine Falcon from the Federal Lists of En- man, National Committee on Vital and fice of Environment, Safety and Health, De- dangered and Threatened Wildlife; and to Re- Health Statistics, transmitting, pursuant to partment of Energy, transmitting, pursuant move the Similarity of Appearance Provi- law, a report relative to the implementation to law, the report of a rule entitled ‘‘Evalua- sion for Free-Flying Peregrines in the of the administrative simplification provi- tion and Control of Radiation Dose to the Conterminous United States’’ (RIN1018– sions of the ‘‘Health Insurance Portability Embryo/Fetus Guide’’ (DOE G 441.1–6), re- AF04), received August 20, 1999; to the Com- and Accountability Act’’; to the Committee ceived August 20, 1999; to the Committee on mittee on Environment and Public Works. on Health, Education, Labor, and Pensions. Energy and Natural Resources. EC–4825. A communication from the Acting EC–4807. A communication from the Direc- EC–4816. A communication from the Assist- Assistant Secretary for Fish and Wildlife and tor, Regulations Policy and Management ant General Counsel for Regulatory Law, Of- Parks, Fish and Wildlife Service, Depart- Staff, Food and Drug Administration, De- fice of Environment, Safety and Health, De- ment of the Interior, transmitting, pursuant partment of Health and Human Services, partment of Energy, transmitting, pursuant to law, the report of a rule entitled ‘‘Migra- transmitting, pursuant to law, the report of to law, the report of a rule entitled ‘‘Work tory Bird Hunting; Approval of Tungsten- a rule entitled ‘‘Indirect Food Additives: Ad- Authorization System’’ (DOE O 412.1), re- iron and Tungsten-polymer Shots, and Tem- juvants, Production Aids, and Sanitizers’’ ceived August 20, 1999; to the Committee on porary Approval of Tungsten-matrix and Tin (98F–0571), received August 20, 1999; to the Energy and Natural Resources. Shots as Nontoxic for Hunting Waterfowl Committee on Health, Education, Labor, and EC–4817. A communication from the Acting and Coots’’ (RIN1018–AF65), received August Pensions. Assistant Secretary of the Interior, Bureau 18, 1999; to the Committee on Environment EC–4808. A communication from the Direc- of Land Management, transmitting, pursu- and Public Works. tor, Regulations Policy and Management ant to law, the report of a rule entitled ‘‘Lo- EC–4826. A communication from the Acting Staff, Food and Drug Administration, De- cation, Recording, and Maintenance of Min- Assistant Secretary for Fish and Wildlife and partment of Health and Human Services, ing Claims’’ (RIN1004–AD31), received August Parks, Fish and Wildlife Service, Depart- transmitting, pursuant to law, the report of 19, 1999; to the Committee on Energy and ment of the Interior, transmitting, pursuant a rule entitled ‘‘Indirect Food Additives: Ad- Natural Resources. to law, the report of a rule entitled ‘‘Migra- juvants, Production Aids, and Sanitizers’’ EC–4818. A communication from the Con- tory Bird Hunting; Final Frameworks for (98F–0570), received August 20, 1999; to the gressional Review Coordinator, Regulatory Early Season Migratory Bird Hunting Regu- Committee on Health, Education, Labor, and Analysis and Development, Policy and Pro- lations’’ (RIN1018–AF24), received August 24, Pensions. gram Development, Animal and Plant Health 1999; to the Committee on Environment and EC–4809. A communication from the Direc- Inspection Service, Department of Agri- Public Works. tor, Regulations Policy and Management culture, transmitting, pursuant to law, the EC–4827. A communication from the Assist- Staff, Food and Drug Administration, De- report of a rule entitled ‘‘Mediterranean ant Secretary for Fish and Wildlife and partment of Health and Human Services, Fruit Fly; Removal of Quarantined Area’’ Parks, Fish and Wildlife Service, Depart- transmitting, pursuant to law, the report of (Docket #98–083–5), received August 20, 1999; ment of the Interior, transmitting, pursuant a rule entitled ‘‘Over-the-Counter Drug Prod- to the Committee on Agriculture, Nutrition, to law, the report of a rule entitled ‘‘Migra- ucts Containing Colloidal Silver Ingredients and Forestry. tory Bird Hunting: Migratory Bird Hunting of Silver Salts’’ (96N–0144), received August EC–4819. A communication from the Con- Regulations on Certain Federal Indian Res- 20, 1999; to the Committee on Health, Edu- gressional Review Coordinator, Regulatory ervations and Ceded Lands for the 1999–2000 cation, Labor, and Pensions. Analysis and Development, Policy and Pro- Early Season’’ (RIN1018–AF24), received Au- EC–4810. A communication from the Direc- gram Development, Animal and Plant Health gust 24, 1999; to the Committee on Environ- tor, Regulations Policy and Management Inspection Service, Department of Agri- ment and Public Works. Staff, Food and Drug Administration, De- culture, transmitting, pursuant to law, the EC–4828. A communication from the Assist- partment of Health and Human Services, report of a rule entitled ‘‘Importation of ant Secretary for Fish and Wildlife and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10596 CONGRESSIONAL RECORD — SENATE September 8, 1999 Parks, Fish and Wildlife Service, Depart- EC–4837. A communication from the Assist- EC–4848. A communication from the Pro- ment of the Interior, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- gram Analyst, Office of the Chief Counsel, to law, the report of a rule entitled ‘‘Migra- ment of State, transmitting, pursuant to the Federal Aviation Administration, Depart- tory Bird Hunting: Early Season and Bag and Arms Export Control Act, the report of a ment of Commerce, transmitting, pursuant Possession Limits for Certain Migratory certification of a proposed Manufacturing to law, the report of a rule entitled ‘‘Revi- Game Birds in the Contiguous United States, License Agreement for the export of defense sions to Digital Flight Recorder Require- Alaska, Hawaii, Puerto Rico and the Virgin services, under a contract in the amount of ments for Airbus Airplanes (8–24/8–23)’’ Islands’’ (RIN1018–AF24), received August 24, $50,000,000 or more with Canada; to the Com- (RIN2120–AG88), received August 24, 1999; to 1999; to the Committee on Environment and mittee on Foreign Relations. the Committee on Commerce, Science, and Public Works. EC–4838. A communication from the Assist- Transportation. EC–4829. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- EC–4849. A communication from the Pro- tor, Office of Congressional Affairs, Nuclear ment of State, transmitting, pursuant to the gram Analyst, Office of the Chief Counsel, Material Safety and Safeguards, Nuclear Arms Export Control Act, the report of a Federal Aviation Administration, Depart- Regulatory Commission, transmitting, pur- certification of a proposed Manufacturing ment of Commerce, transmitting, pursuant suant to law, the report of a rule entitled ‘‘10 License Agreement for the export of defense to law, the report of a rule entitled ‘‘Normal CFR Part 76, Certification Renewal and services, under a contract in the amount of Category Rotorcraft Maximum Weight and Amendment Processes’’ (RIN3150–AF85), re- $50,000,000 or more with Italy and Spain; to Passenger Seat Limitation (8–18/8–16)’’ ceived August 19, 1999; to the Committee on the Committee on Foreign Relations. (RIN2120–AF33), received August 18, 1999; to Environment and Public Works. EC–4839. A communication from the Assist- the Committee on Commerce, Science, and EC–4830. A communication from the Direc- ant Secretary, Legislative Affairs, Depart- Transportation. tor, Office of Regulatory Management and ment of State, transmitting, pursuant to the EC–4850. A communication from the Pro- Information, Office of Policy, Planning and Arms Export Control Act, the report of a gram Analyst, Office of the Chief Counsel, Evaluation, Environmental Protection Agen- certification of a proposed Manufacturing Federal Aviation Administration, Depart- cy, transmitting, pursuant to law, the report License Agreement for the export of defense ment of Commerce, transmitting, pursuant of a rule entitled ‘‘Approval and Promulga- services, under a contract in the amount of to law, the report of a rule entitled ‘‘Air- tion of Air Quality Implementation Plans; $50,000,000 or more with Japan; to the Com- space and Flight Operations Requirements State of Colorado; Colorado Springs Carbon mittee on Foreign Relations. for Kodak Albuquerque International Bal- Monoxide Redesignation to Attainment, Des- EC–4840. A communication from the Assist- loon Fiesta; Albuquerque, NM (8–17/16)’’ ignation of Areas for Air Quality Planning ant Secretary, Legislative Affairs, Depart- (RIN2120–AG79), received August 18, 1999; to Purposes, and Approval of a Related Revi- ment of State, transmitting, pursuant to the the Committee on Commerce, Science, and sion’’ (FRL #6410–7), received August 19, 1999; Arms Export Control Act, the report of a Transportation. EC–4851. A communication from the Pro- to the Committee on Environment and Pub- certification of a proposed Manufacturing gram Analyst, Office of the Chief Counsel, lic Works. License Agreement with Germany; to the Federal Aviation Administration, Depart- EC–4831. A communication from the Direc- Committee on Foreign Relations. tor, Office of Regulatory Management and EC–4841. A communication from the Assist- ment of Commerce, transmitting, pursuant Information, Office of Policy, Planning and ant Secretary, Legislative Affairs, Depart- to law, the report of a rule entitled ‘‘Stand- Evaluation, Environmental Protection Agen- ment of State, transmitting, pursuant to the ard Instrument Approach Procedures; Mis- cy, transmitting, pursuant to law, the report Arms Export Control Act, the report of a cellaneous Amendments (18); Amdt. No. 1945 of a rule entitled ‘‘Incorporation by Ref- certification of a proposed Manufacturing (8–13/8–16)’’ (RIN2120–AA65) (1999–0041), re- ceived August 18, 1999; to the Committee on erence of State Hazardous Waste Manage- License Agreement with France; to the Com- Commerce, Science, and Transportation. ment Program’’ (FRL #6423–8), received Au- mittee on Foreign Relations. EC–4852. A communication from the Pro- EC–4842. A communication from the Assist- gust 20, 1999; to the Committee on Environ- gram Analyst, Office of the Chief Counsel, ant Secretary, Legislative Affairs, Depart- ment and Public Works. Federal Aviation Administration, Depart- EC–4832. A communication from the Assist- ment of State, transmitting, pursuant to the ment of Commerce, transmitting, pursuant ant Secretary, Legislative Affairs, Depart- Arms Export Control Act, the report of a to law, the report of a rule entitled ‘‘Amend- ment of State, transmitting, pursuant to the certification of a proposed Manufacturing ment to Class E Airspace; Emporia, KS; Di- Arms Export Control Act, the report of a License Agreement with Belgium and the rect Final Rule; Confirmation of Effective certification of a proposed license for the ex- Netherlands; to the Committee on Foreign Date; Docket No. 99–ACE–24 (8–16/8–16)’’ port of defense articles or services, under a Relations. (RIN2120–AA66) (1999–0266), received August EC–4843. A communication from the Assist- contract, in the amount of $50,000,000 or more 18, 1999; to the Committee on Commerce, ant Secretary, Legislative Affairs, Depart- to Japan; to the Committee on Foreign Rela- Science, and Transportation. tions. ment of State, transmitting, pursuant to the EC–4853. A communication from the Pro- EC–4833. A communication from the Assist- Arms Export Control Act, the report of a gram Analyst, Office of the Chief Counsel, ant Secretary, Legislative Affairs, Depart- certification of a proposed Manufacturing Federal Aviation Administration, Depart- ment of State, transmitting, pursuant to the License Agreement with Japan; to the Com- ment of Commerce, transmitting, pursuant Arms Export Control Act, the report of a mittee on Foreign Relations. to law, the report of a rule entitled ‘‘Amend- certification of a proposed license for the ex- EC–4844. A communication from the Assist- ment to Class E Airspace; Rolly/Vichy, MO; port of defense articles or services, under a ant Secretary, Legislative Affairs, Depart- Direct Final Rule; Confirmation of Effective contract, in the amount of $50,000,000 or more ment of State, transmitting, pursuant to the Date; Docket No. 99–ACE–26 (8–16/8–16)’’ to Russia; to the Committee on Foreign Re- Arms Export Control Act, the report of a (RIN2120–AA66) (1999–0265), received August lations. certification of a proposed Technical Assist- 18, 1999; to the Committee on Commerce, EC–4834. A communication from the Assist- ance Agreement with Japan; to the Com- Science, and Transportation. ant Secretary, Legislative Affairs, Depart- mittee on Foreign Relations. EC–4854. A communication from the Pro- ment of State, transmitting, pursuant to the EC–4845. A communication from the Presi- gram Analyst, Office of the Chief Counsel, Arms Export Control Act, the report of a dent of the United States, transmitting, pur- Federal Aviation Administration, Depart- certification of a proposed license for the ex- suant to law, a report relative to Haiti and ment of Commerce, transmitting, pursuant port of defense articles or services, under a the Foreign Operations, Export Financing to law, the report of a rule entitled ‘‘Amend- contract, in the amount of $50,000,000 or more and Related Programs Appropriations Act of ment to Class E Airspace; Lyons, KS; Direct to France; to the Committee on Foreign Re- 1999; to the Committee on Foreign Relations. Final Rule; Request for Comments; Docket lations. EC–4846. A communication from the Pro- No. 99–ACE–38 (8–16/8–16)’’ (RIN2120–AA66) EC–4835. A communication from the Assist- gram Analyst, Office of the Chief Counsel, (1999–0263), received August 18, 1999; to the ant Secretary, Legislative Affairs, Depart- Federal Aviation Administration, Depart- Committee on Commerce, Science, and ment of State, transmitting, pursuant to the ment of Commerce, transmitting, pursuant Transportation. Arms Export Control Act, the report of a to law, the report of a rule entitled ‘‘Trans- EC–4855. A communication from the Pro- certification of a proposed license for defense port Category Rotorcraft Performance; Final gram Analyst, Office of the Chief Counsel, articles and services in the amount of Rule; Request for Comments (8–19/8–16)’’ Federal Aviation Administration, Depart- $50,000,000 or more with Turkey; to the Com- (RIN2120–AG86), received August 19, 1999; to ment of Commerce, transmitting, pursuant mittee on Foreign Relations. the Committee on Commerce, Science, and to law, the report of a rule entitled ‘‘Amend- EC–4836. A communication from the Assist- Transportation. ment to Class E Airspace; Ava, MO; Direct ant Secretary, Legislative Affairs, Depart- EC–4847. A communication from the Pro- Final Rule; Request for Comments; Docket ment of State, transmitting, pursuant to the gram Analyst, Office of the Chief Counsel, No. 99–ACE–37 (8–16/8–16)’’ (RIN2120–AA66) Arms Export Control Act, the report of a Federal Aviation Administration, Depart- (1999–0264), received August 18, 1999; to the certification of a proposed Manufacturing ment of Commerce, transmitting, pursuant Committee on Commerce, Science, and License Agreement for the export of defense to law, the report of a rule entitled ‘‘Harmo- Transportation. services, under a contract in the amount of nization of Critical Parts Rotorcraft Regula- EC–4856. A communication from the Pro- $50,000,000 or more with the United Kingdom tions (8–2/8–23)’’ (RIN2120–AG60), received Au- gram Analyst, Office of the Chief Counsel, and France; to the Committee on Foreign gust 24, 1999; to the Committee on Com- Federal Aviation Administration, Depart- Relations. merce, Science, and Transportation. ment of Commerce, transmitting, pursuant

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10597 to law, the report of a rule entitled ‘‘Amend- No. 99–CE–20 (8–13/8–16)’’ (RIN2120–AA64) Department of the Treasury, transmitting, ment to Class E Airspace; Frederick Munic- (1999–0303), received August 18, 1999; to the pursuant to law, the report of a rule entitled ipal Airport, MD; Docket No. 99–AEA–04 (8– Committee on Commerce, Science, and ‘‘Repeal of Section 415(e)’’ (Notice 99–44), re- 18/8–19)’’ (RIN2120–AA66) (1999–0270), received Transportation. ceived August 18, 1999; to the Committee on August 19, 1999; to the Committee on Com- EC–4865. A communication from the Pro- Finance. merce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, EC–4877. A communication from the Chief, EC–4857. A communication from the Pro- Federal Aviation Administration, Depart- Regulations Unit, Internal Revenue Service, gram Analyst, Office of the Chief Counsel, ment of Commerce, transmitting, pursuant Department of the Treasury, transmitting, Federal Aviation Administration, Depart- to law, the report of a rule entitled ‘‘Air- pursuant to law, the report of a rule entitled ment of Commerce, transmitting, pursuant worthiness Directives: Boeing Model 777 Se- ‘‘TD 8380 Establishment of a Balanced Meas- to law, the report of a rule entitled ‘‘Amend- ries Airplanes; Docket No. 98–NM–275 (8–13/8– urement System’’ (RIN1545–AW80), received ment to Class E Airspace; Roosevelt Roads 16)’’ (RIN2120–AA64) (1999–03023), received Au- August 30, 1999; to the Committee on Fi- NS (Ofstie Field), PR; Docket No. 99–ASO– gust 18, 1999; to the Committee on Com- nance. (8–13/8–16)’’ (RIN2120–AA66) (1999–0267), re- merce, Science, and Transportation. EC–4878. A communication from the Chief, ceived August 18, 1999; to the Committee on EC–4866. A communication from the Sec- Regulations Unit, Internal Revenue Service, Commerce, Science, and Transportation. retary of Defense, transmitting, pursuant to Department of the Treasury, transmitting, EC–4858. A communication from the Pro- law, a report entitled ‘‘Adapting Military pursuant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, Sex Crime Investigations to Changing ‘‘Effective Date of Nondiscrimination Rules Federal Aviation Administration, Depart- Times’’; to the Committee on Armed Serv- for Certain Government Plans’’ (Notice 99– ment of Commerce, transmitting, pursuant ices. 40), received August 30, 1999; to the Com- to law, the report of a rule entitled ‘‘Estab- EC–4867. A communication from the Assist- mittee on Finance. lishment of Class E Airspace; Ossining, NY; ant Secretary of Defense, Health Affairs, EC–4879. A communication from the Execu- Docket No. 99–AEA–06 (8–13/8–16)’’ (RIN2120– transmitting, a report relative to Y2K com- tive Director, Committee for Purchase from AA66) (1999–0269), received August 18, 1999; to pliance and the TRICARE Management Ac- People who are Blind or Severely Disabled, the Committee on Commerce, Science, and tivity; to the Committee on Armed Services. transmitting, pursuant to law, the report of Transportation. EC–4868. A communication from the Assist- a rule relative to additions to the Procure- EC–4859. A communication from the Pro- ant Secretary of Defense, Force Management ment List, received August 30, 1999; to the gram Analyst, Office of the Chief Counsel, Policy, transmitting, pursuant to law, the Committee on Governmental Affairs. EC–4880. A communication from the Direc- Federal Aviation Administration, Depart- annual report on the effectiveness and costs tor, Office of Personnel Management, trans- ment of Commerce, transmitting, pursuant of the civilian voluntary separation incen- mitting, pursuant to law, the report of a rule to law, the report of a rule entitled ‘‘Revi- tive pay program for fiscal year 1998; to the entitled ‘‘Absence and Leave: Use of Re- sion of Class E Airspace; Lake Hood, Elmen- Committee on Armed Services. stored Leave’’ (RIN3206–AI71), received Au- dorf AFB, and Merrill Field, AK; Docket No. EC–4869. A communication from the Direc- gust 25, 1999; to the Committee on Govern- 99–AAL–6 (8–13/8–16)’’ (RIN2120–AA66) (1999– tor, Defense Procurement, Department of mental Affairs. Defense, transmitting, pursuant to law, the 0268), received August 18, 1999; to the Com- EC–4881. A communication from the Chair- mittee on Commerce, Science, and Transpor- report of a rule entitled ‘‘Short Form Re- man, Merit Systems Protection Board, tation. search Contract Clauses’’ (DFARS Case 99– transmitting, pursuant to law, a report enti- EC–4860. A communication from the Pro- D014), received August 26, 1999; to the Com- tled ‘‘The Role of Delegated Examining gram Analyst, Office of the Chief Counsel, mittee on Armed Services. Units: Hiring New Employees in a Decentral- Federal Aviation Administration, Depart- EC–4870. A communication from the Sec- ized Civil Service’’; to the Committee on ment of Commerce, transmitting, pursuant retary of Defense and the Secretary of En- Governmental Affairs. to law, the report of a rule entitled ‘‘Air- ergy, transmitting jointly, pursuant to law, EC–4882. A communication from the Under worthiness Directives: Airbus Model A310 Se- a report entitled ‘‘Tritium Production Tech- Secretary, Rural Development, Department ries; Docket No. 93–NM–125 (8–18/8–19)’’ nology Options’’; to the Committee on of Agriculture, transmitting, pursuant to (RIN2120–AA64) (1999–0305), received August Armed Services. law, the report of a rule entitled ‘‘Manufac- 19, 1999; to the Committee on Commerce, EC–4871. A communication from the Acting tured Housing Thermal Requirements’’ Science, and Transportation. Regulations Officer, Office of Process and In- (RIN0575–AC11), received August 30, 1999; to EC–4861. A communication from the Pro- novation Management, Social Security Ad- the Committee on Agriculture, Nutrition, gram Analyst, Office of the Chief Counsel, ministration, transmitting, pursuant to law, and Forestry. Federal Aviation Administration, Depart- the report of a rule entitled ‘‘Revised Med- EC–4883. A communication from the Dep- ment of Commerce, transmitting, pursuant ical Criteria for Determination of Disability, uty General Counsel, Small Business Admin- to law, the report of a rule entitled ‘‘Air- Endocrine System and Related Criteria’’ istration, transmitting, pursuant to law, the worthiness Directives: Schweizer Aircraft (RIN0960–AE65), received August 26, 1999; to report of a rule entitled ‘‘Liquidation and Corporation Model 269A, 269A–1, 269B, 269C, the Committee on Finance. Sale of Commercial Loans’’, received August 269C–1, and 269D Helicopters; Request for EC–4872. A communication from the Chief, 25, 1999; to the Committee on Small Busi- Comments; Docket No. 98–SW–31 (8–18/8–19)’’ Regulations Unit, Internal Revenue Service, ness. (RIN2120–AA64) (1999–0304), received August Department of the Treasury, transmitting, EC–4884. A communication from the Direc- 19, 1999; to the Committee on Commerce, pursuant to law, the report of a rule entitled tor, Office of Regulatory Management and Science, and Transportation. ‘‘Capital Gains, Installment Sales, Information, Office of Policy, Planning and EC–4862. A communication from the Pro- Unrecaptured Section 1250 Gain’’ (RIN1545– Evaluation, Environmental Protection Agen- gram Analyst, Office of the Chief Counsel, AW85), received August 26, 1999; to the Com- cy, transmitting, pursuant to law, the report Federal Aviation Administration, Depart- mittee on Finance. of a rule entitled ‘‘Chlorfenapyr; Re-Estab- ment of Commerce, transmitting, pursuant EC–4873. A communication from the Chief, lishment of Tolerances for Emergency’’ to law, the report of a rule entitled ‘‘Air- Regulations Unit, Internal Revenue Service, (FRL #6095–8), received August 26, 1999; to worthiness Directives: Empressa Brasileira Department of the Treasury, transmitting, the Committee on Agriculture, Nutrition, de Aeronautica, S.A. Model EMB–120 Series pursuant to law, the report of a rule entitled and Forestry. Airplanes; Docket No. 98–NM–233 (8–18/8–19)’’ ‘‘Coordinated Issue: All Industries—Research EC–4885. A communication from the Direc- (RIN2120–AA64) (1999–0306), received August Tax Credit—Qualified Research’’ (UIL–41.51– tor, Office of Regulatory Management and 19, 1999; to the Committee on Commerce, 11), received August 26, 1999; to the Com- Information, Office of Policy, Planning and Science, and Transportation. mittee on Finance. Evaluation, Environmental Protection Agen- EC–4863. A communication from the Pro- EC–4874. A communication from the Chief, cy, transmitting, pursuant to law, the report gram Analyst, Office of the Chief Counsel, Regulations Unit, Internal Revenue Service, of a rule entitled ‘‘Cymoxanil; Extension of Federal Aviation Administration, Depart- Department of the Treasury, transmitting, Tolerances for Emergency Exemptions’’ ment of Commerce, transmitting, pursuant pursuant to law, the report of a rule entitled (FRL #6094–4), received August 26, 1999; to to law, the report of a rule entitled ‘‘Air- ‘‘Coordinated Issue: All Industries—Research the Committee on Agriculture, Nutrition, worthiness Directives: Israel Aircraft Indus- Tax Credit—Internal Use Software’’ (UIL– and Forestry. tries, Ltd., Model Asta SPX Series Airplanes; 41.51–10), received August 26, 1999; to the EC–4886. A communication from the Direc- Request for Comments; Docket No. 99–NM– Committee on Finance. tor, Office of Regulatory Management and 204 (8–18/8–19)’’ (RIN2120–AA64) (1999–0307), re- EC–4875. A communication from the Chief, Information, Office of Policy, Planning and ceived August 19, 1999; to the Committee on Regulations Unit, Internal Revenue Service, Evaluation, Environmental Protection Agen- Commerce, Science, and Transportation. Department of the Treasury, transmitting, cy, transmitting, pursuant to law, the report EC–4864. A communication from the Pro- pursuant to law, the report of a rule entitled of a rule entitled ‘‘Difenoconazole; Pesticide gram Analyst, Office of the Chief Counsel, ‘‘Rev. Rul. 99–31, BLS–LIFO Department Tolerances for Emergency Exemptions’’ Federal Aviation Administration, Depart- Store Indexes—July 1999’’ (Rev. Rul. 99–31), (FRL #6094–3), received August 26, 1999; to ment of Commerce, transmitting, pursuant received August 26, 1999; to the Committee the Committee on Agriculture, Nutrition, to law, the report of a rule entitled ‘‘Air- on Finance. and Forestry. worthiness Directives: Pilatus Aircraft, Ltd. EC–4876. A communication from the Chief, EC–4887. A communication from the Con- Models PC–12 and PC–12/45 Airplanes; Docket Regulations Unit, Internal Revenue Service, gressional Review Coordinator, Regulatory

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10598 CONGRESSIONAL RECORD — SENATE September 8, 1999 Analysis and Development, Policy and Pro- Energy Program’’ (RIN1904–AB01), received Information, Office of Policy, Planning and gram Development, Animal and Plant Health August 25, 1999; to the Committee on Energy Evaluation, Environmental Protection Agen- Inspection Service, Department of Agri- and Natural Resources. cy, transmitting, pursuant to law, the report culture, transmitting, pursuant to law, the EC–4898. A communication from the Assist- of a rule entitled ‘‘Clean Air Act Approval report of a rule entitled ‘‘Viruses, Serums, ant General Counsel for Regulatory Law, De- and Promulgation of Air Quality Implemen- Toxins, and Analogous Products; Update of partment of Energy, transmitting, pursuant tation Plan Revision for North Dakota; Revi- Incorporation by Reference for Rabies Vac- to law, the report of a rule entitled ‘‘Posting sions to the Air Pollution Control Rules; cine’’ (Docket No. 97–103–2), received August and Labeling for Radiological Control Delegation of Authority for New Source Per- 25, 1999; to the Committee on Agriculture, Guide’’ (DOE G 441.1–10), received August 25, formance Standards’’ (FRL #6426–5), received Nutrition, and Forestry. 1999; to the Committee on Energy and Nat- August 24, 1999; to the Committee on Envi- EC–4888. A communication from the Ad- ural Resources. ronment and Public Works. ministrator, Agricultural Marketing Serv- EC–4899. A communication from the Assist- EC–4910. A communication from the Direc- ice, Department of Agriculture, transmit- ant General Counsel for Regulatory Law, De- tor, Office of Regulatory Management and ting, pursuant to law, the report of a rule en- partment of Energy, transmitting, pursuant Information, Office of Policy, Planning and titled ‘‘Soybean Promotion and Research to law, the report of a rule entitled ‘‘Radi- Evaluation, Environmental Protection Agen- Program: Procedures to Request a Ref- ation Safety Training Guide’’ (DOE G 441.1– cy, transmitting, pursuant to law, the report erendum, LS–98–001’’, received August 25, 12), received August 10, 1999; to the Com- of a rule entitled ‘‘Approval and Promulga- 1999; to the Committee on Agriculture, Nu- mittee on Energy and Natural Resources. tion of Implementation Plans, California trition, and Forestry. EC–4900. A communication from the Assist- State Implementation Plan Revision, South EC–4889. A communication from the Ad- ant General Counsel for Regulatory Law, De- Coast Air Quality Management District, ministrator, Agricultural Marketing Serv- partment of Energy, transmitting, pursuant Ventura County Air Pollution Control Dis- ice, Department of Agriculture, transmit- to law, the report of a rule entitled ‘‘Air trict’’ (FRL #6425–5), received August 24, ting, pursuant to law, the report of a rule en- Monitoring Guide’’ (DOE G 441.1–8), received 1999; to the Committee on Environment and titled ‘‘Oranges and Grapefruit Grown in August 10, 1999; to the Committee on Energy Public Works. Lower Rio Grande Valley in Texas; Increased and Natural Resources. EC–4911. A communication from the Direc- Assessment Rate’’, (Docket No. FV99–906–2– EC–4901. A communication from the Assist- tor, Office of Regulatory Management and FR), received August 25, 1999; to the Com- ant General Counsel for Regulatory Law, De- Information, Office of Policy, Planning and mittee on Agriculture, Nutrition, and For- partment of Energy, transmitting, pursuant Evaluation, Environmental Protection Agen- estry. to law, the report of a rule entitled ‘‘Unclas- cy, transmitting, pursuant to law, the report EC–4890. A communication from the Ad- sified Cyber Security Program’’ (DOE N of a rule entitled ‘‘Acquisition Regulation: ministrator, Agricultural Marketing Serv- 205.1), received August 10, 1999; to the Com- Contracting by Negotiation’’ (FRL #6428–3), ice, Department of Agriculture, transmit- mittee on Energy and Natural Resources. received August 24, 1999; to the Committee ting, pursuant to law, the report of a rule en- EC–4902. A communication from the Assist- on Environment and Public Works. EC–4912. A communication from the Direc- titled ‘‘Tomatoes Grown in Florida; Partial ant General Counsel for Regulatory Law, De- tor, Office of Regulatory Management and Exemption from the Handling Regulation for partment of Energy, transmitting, pursuant Information, Office of Policy, Planning and Producer Field-Packed Tomatoes’’, (Docket to law, the report of a rule entitled ‘‘Exter- Evaluation, Environmental Protection Agen- No. FV98–966–2–IFR), received August 25, nal Dosimetry Program Guide’’ (DOE G cy, transmitting, pursuant to law, the report 1999; to the Committee on Agriculture, Nu- 441.1–4), received August 10, 1999; to the Com- of a rule entitled ‘‘Approval and Promulga- trition, and Forestry. mittee on Energy and Natural Resources. tion of Air Quality Implementation Plans, EC–4891. A communication from the Direc- EC–4903. A communication from the Assist- Massachusetts: Reasonably Available Con- tor, Office of Regulations Management, Vet- ant General Counsel for Regulatory Law, De- trol Technology for Major Stationary erans Benefits Administration, Department partment of Energy, transmitting, pursuant Sources of Nitrogen Oxides and Nitrogen of Veterans Affairs, transmitting, pursuant to law, the report of a rule entitled ‘‘Internal Oxide Requirements at Municipal Waste to law, the report of a rule entitled ‘‘Vet- Dosimetry Program Guide’’ (DOE G 441.1–3), Combustors’’ (FRL #6425–45), received Au- erans Education: Increased Allowances for received August 10, 1999; to the Committee gust 24, 1999; to the Committee on Environ- the Educational Assistance Test Program’’ on Energy and Natural Resources. EC–4904. A communication from the Sec- ment and Public Works. (RIN2900–AJ40), received August 26, 1999; to EC–4913. A communication from the Direc- retary of Transportation, transmitting, pur- the Committee on Veterans’ Affairs. tor, Office of Regulatory Management and suant to law, a report relative to the EC–4892. A communication from the Direc- Information, Office of Policy, Planning and tor, Office of Regulations Management, Vet- Chittenden County Circumferential Highway Evaluation, Environmental Protection Agen- erans Benefits Administration, Department project in Vermont; to the Committee on En- cy, transmitting, pursuant to law, the report of Veterans Affairs, transmitting, pursuant vironment and Public Works. of a rule entitled ‘‘Approval and Promulga- EC–4905. A communication from the Direc- to law, the report of a rule entitled ‘‘Delega- tion of Implementation Plans, California tor, Federal Emergency Management Agen- tions of Authority; Tort Claims’’ (RIN2900– State Implementation Plan Revision, South AJ31), received August 25, 1999; to the Com- cy, transmitting, pursuant to law, a report Coast Air Quality Management District’’ mittee on Veterans’ Affairs. relative to the Stafford Act assistance for (FRL #6423–1), received August 24, 1999; to EC–4893. A communication from the Ad- Texas under Presidential emergency declara- the Committee on Environment and Public ministrator, Energy Information Adminis- tion FEMA–3127–EM; to the Committee on Works. tration, Department of Energy, transmit- Environment and Public Works. EC–4914. A communication from the Direc- ting, pursuant to law, a report entitled ‘‘An- EC–4906. A communication from the Gen- tor, Office of Regulatory Management and nual Energy Review 1998’’; to the Committee eral Counsel, Federal Emergency Manage- Information, Office of Policy, Planning and on Energy and Natural Resources. ment Agency, transmitting, pursuant to law, Evaluation, Environmental Protection Agen- EC–4894. A communication from the Assist- the report of a rule entitled ‘‘Disaster Assist- cy, transmitting, pursuant to law, the report ant General Counsel for Regulatory Law, De- ance; Redesign of Public Assistance Project of a rule entitled ‘‘Approval and Promulga- partment of Energy, transmitting, pursuant Administration; 64 FR 41827; 08/02/99’’ tion of Implementation Plans; California’’ to law, the report of a rule entitled ‘‘Safety (RIN3067–AC89), received August 5, 1999; to (FRL #6427–4), received August 24, 1999; to of Accelerator Facilities’’ (DOE O 420.2), re- the Committee on Environment and Public the Committee on Environment and Public ceived August 25, 1999; to the Committee on Works. Works. Energy and Natural Resources. EC–4907. A communication from the Asso- EC–4915. A communication from the Direc- EC–4895. A communication from the Assist- ciate Chief Counsel, Federal Highway Ad- tor, Office of Regulatory Management and ant General Counsel for Regulatory Law, De- ministration, Department of Transportation, Information, Office of Policy, Planning and partment of Energy, transmitting, pursuant transmitting, pursuant to law, the report of Evaluation, Environmental Protection Agen- to law, the report of a rule entitled ‘‘Nuclear a rule entitled ‘‘Commercial Driver Disquali- cy, transmitting, pursuant to law, the report Explosive and Weapon Surety Program’’ (AL fication Provisions’’ (RIN2125–AE28), re- of a rule entitled ‘‘Indiana: Final Authoriza- 452.1A), received August 25, 1999; to the Com- ceived August 30, 1999; to the Committee on tion of State Hazardous Waste Management mittee on Energy and Natural Resources. Environment and Public Works. Program Revision’’ (FRL #6430–4), received EC–4896. A communication from the Assist- EC–4908. A communication from the Direc- August 24, 1999; to the Committee on Envi- ant General Counsel for Regulatory Law, De- tor, Fish and Wildlife Service, Department of ronment and Public Works. partment of Energy, transmitting, pursuant the Interior, transmitting, pursuant to law, EC–4916. A communication from the Direc- to law, the report of a rule entitled ‘‘Occupa- the report of a rule entitled ‘‘Endangered tor, Office of Regulatory Management and tional Radiation Protection Record-Keeping and Threatened Wildlife and Plants; Threat- Information, Office of Policy, Planning and and Reporting Guide’’ (DOE G 441.1–11), re- ened Status for Lake Erie Water Snakes Evaluation, Environmental Protection Agen- ceived August 25, 1999; to the Committee on (Nerodia sipedon insularum) on the Offshore cy, transmitting, pursuant to law, the report Energy and Natural Resources. Islands of Western Lake Erie’’ (RIN1018– of a rule entitled ‘‘Louisiana: Final Author- EC–4897. A communication from the Assist- AC09), received August 26, 1999; to the Com- ization of State Hazardous Waste Manage- ant General Counsel for Regulatory Law, De- mittee on Environment and Public Works. ment Program Revision’’ (FRL #6428–6), re- partment of Energy, transmitting, pursuant EC–4909. A communication from the Direc- ceived August 26, 1999; to the Committee on to law, the report of a rule entitled ‘‘State tor, Office of Regulatory Management and Environment and Public Works.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10599 EC–4917. A communication from the Direc- EC–4925. A communication from the Sec- EC–4935. A communication from the Dep- tor, Office of Regulatory Management and retary of Health and Human Services, trans- uty Assistant Attorney General, Office of Information, Office of Policy, Planning and mitting, pursuant to law, a report relative to Policy Development, Department of Justice, Evaluation, Environmental Protection Agen- the Community Services Block Grant Act of transmitting, pursuant to law, the report of cy, transmitting, pursuant to law, the report 1981; to the Committee on Health, Education, a rule entitled ‘‘Civil Monetary Penalties In- of a rule entitled ‘‘Final Authorization and Labor, and Pensions. flation Adjustment’’ (RIN1105–AA48), re- Incorporation by Reference of State Haz- EC–4926. A communication from the Assist- ceived August 30, 1999; to the Committee on ardous Waste Management Program’’ (FRL ant General Counsel for Regulatory Services, the Judiciary. #6422–1), received August 26, 1999; to the Department of Education, transmitting, pur- EC–4936. A communication from the Dep- Committee on Environment and Public suant to law, the report of a rule entitled uty Congressional Liaison, Board of Gov- Works. ‘‘Teacher Quality Enhancement Grants Pro- ernors of the Federal Reserve System, trans- EC–4918. A communication from the Direc- gram’’ (RIN1840–AC67), received August 25, mitting, pursuant to law, the report of a rule tor, Office of Regulatory Management and 1999; to the Committee on Health, Education, entitled ‘‘Credit by Brokers and Dealers Information, Office of Policy, Planning and Labor, and Pensions. (Regulation T); List of Foreign Margin Evaluation, Environmental Protection Agen- EC–4927. A communication from the Assist- Stocks’’, received August 26, 1999; to the cy, transmitting, pursuant to law, the report ant General Counsel for Regulatory Services, Committee on Banking, Housing, and Urban of a rule entitled ‘‘Approval and Promulga- Department of Education, transmitting, pur- Affairs. tion of Air Quality Implementation Plans; suant to law, the report of a rule entitled EC–4937. A communication from the Direc- Commonwealth of Virginia; Enhanced In- ‘‘Projects with Industry (Technical Amend- tor, Financial Crimes Enforcement Network, spection and Maintenance Program’’ (FRL ments)’’ (34 CFR Part 379), received August Department of the Treasury, transmitting, #6428–8), received August 26, 1999; to the 27, 1999; to the Committee on Health, Edu- pursuant to law, the report of a rule entitled Committee on Environment and Public cation, Labor, and Pensions. ‘‘Amendment to the Bank Secrecy Act Regu- Works. EC–4928. A communication from the Assist- lations-Definitions Relating to, and Reg- EC–4919. A communication from the Direc- ant General Counsel for Regulatory Services, istration of, Money Services Businesses’’ tor, Office of Regulatory Management and Department of Education, transmitting, pur- (RIN1506–AA09), received August 19, 1999; to Information, Office of Policy, Planning and suant to law, the report of a rule entitled the Committee on Banking, Housing, and Evaluation, Environmental Protection Agen- ‘‘Training of Interpreters for Individuals Urban Affairs. cy, transmitting, pursuant to law, the report Who Are Deaf or Hard of Hearing and Indi- EC–4938. A communication from the Fed- of a rule entitled ‘‘Approval and Promulga- viduals Who Are Deaf-Blind’’ (CFDA No. eral Register Liaison Officer, Regulations tion of Implementations; Ohio Designation 84.160), received August 27, 1999; to the Com- and Legislation Division, Office of Thrift Su- of Areas for Air Quality Planning Purposes; mittee on Health, Education, Labor, and pervision, Department of the Treasury, Ohio’’ (FRL #6425–1), received August 26, Pensions. transmitting, pursuant to law, the report of EC–4929. A communication from the Direc- 1999; to the Committee on Environment and a rule entitled ‘‘Letters of Credit, Suretyship tor, Regulations Policy and Management Public Works. and Guaranty’’ (RIN1550–AB21), received Au- EC–4920. A communication from the Direc- Staff, Food and Drug Administration, De- gust 19, 1999; to the Committee on Banking, tor, Office of Regulatory Management and partment of Health and Human Services, Housing, and Urban Affairs. transmitting, pursuant to law, the report of EC–4939. A communication from the Presi- Information, Office of Policy, Planning and a rule entitled ‘‘Indirect Food Additives: Ad- dent of the United States, transmitting, pur- Evaluation, Environmental Protection Agen- hesives and Components of Coatings’’ (99F– suant to law, a report relative to the exten- cy, transmitting, pursuant to law, the report 0487), received August 25, 1999; to the Com- sion of the national emergency declared in of a rule entitled ‘‘Approval and Promulga- mittee on Health, Education, Labor, and Executive Order 12924 relating to the expira- tion of State Implementation Plans; Alaska’’ Pensions. tion of the Export Administration Act of (FRL #6412–7), received August 26, 1999; to EC–4930. A communication from the Direc- 1979; to the Committee on Banking, Housing, the Committee on Environment and Public tor, Regulations Policy and Management and Urban Affairs. Works. Staff, Food and Drug Administration, De- EC–4940. A communication from the Assist- EC–4921. A communication from the Direc- partment of Health and Human Services, ant Secretary for Export Administration, tor, Office of Regulatory Management and transmitting, pursuant to law, the report of Bureau of Export Administration, Depart- Information, Office of Policy, Planning and a rule entitled ‘‘Indirect Food Additives: Ad- ment of Commerce, transmitting, pursuant Evaluation, Environmental Protection Agen- juvants, Production Aids, and Sanitizers’’ to law, the report of a rule entitled ‘‘Edi- cy, transmitting, pursuant to law, the report (98F–1034), received August 25, 1999; to the torial Clarification and Revisions to the Ex- of a rule entitled ‘‘Pharmaceutical Manufac- Committee on Health, Education, Labor, and port Administration Regulations’’ (RIN0694– turing Category Effluent Limitations Guide- Pensions. AB81), received August 26, 1999; to the Com- lines, Pretreatment Standards, and New EC–4931. A communication from the Direc- mittee on Banking, Housing, and Urban Af- Source Performance Standards; Correcting tor, Regulations Policy and Management fairs. Amendments’’ (FRL #6431–8), received Au- Staff, Food and Drug Administration, De- EC–4941. A communication from the Assist- gust 30, 1999; to the Committee on Environ- partment of Health and Human Services, ant Secretary for Export Administration, ment and Public Works. transmitting, pursuant to law, the report of Bureau of Export Administration, Depart- EC–4922. A communication from the Direc- a rule entitled ‘‘Indirect Food Additives: ment of Commerce, transmitting, pursuant tor, Office of Regulatory Management and Polymers’’ (96F–0176), received August 25, to law, the report of a rule entitled ‘‘Exports Information, Office of Policy, Planning and 1999; to the Committee on Health, Education, and Reexports of Commercial Charges and Evaluation, Environmental Protection Agen- Labor, and Pensions. Devices Containing Energetic Materials’’ cy, transmitting, pursuant to law, the report EC–4932. A communication from the Direc- (RIN0694–AB98), received August 30, 1999; to of a rule entitled ‘‘Approval and Promulga- tor, Regulations Policy and Management the Committee on Banking, Housing, and tion of Air Quality Implementation Plans; Staff, Food and Drug Administration, De- Urban Affairs. Massachusetts; Volatile Organic Compound partment of Health and Human Services, EC–4942. A communication from the Presi- Regulations’’ (FRL #6421–8), received August transmitting, pursuant to law, the report of dent and Chairman, Export-Import Bank of 30, 1999; to the Committee on Environment a rule entitled ‘‘Food Additives Permitted in the United States, transmitting, pursuant to and Public Works. the Feed and Drinking Water of Animals; law, a report relative to a transaction in- EC–4923. A communication from the Direc- Menadione Nicotinamide Bisulfite’’ (98F– volving U.S. exports to the Kingdom of Saudi tor, Office of Regulatory Management and 0195), received August 30, 1999; to the Com- Arabia; to the Committee on Banking, Hous- Information, Office of Policy, Planning and mittee on Health, Education, Labor, and ing, and Urban Affairs. Evaluation, Environmental Protection Agen- Pensions. EC–4943. A communication from the Presi- cy, transmitting, pursuant to law, the report EC–4933. A communication from the Direc- dent and Chairman, Export-Import Bank of of a rule entitled ‘‘Approval and Promulga- tor, Regulations Policy and Management the United States, transmitting, pursuant to tion of Implementation Plans; California- Staff, Food and Drug Administration, De- law, a report relative to a transaction in- Owens Valley Nonattainment Area; PM–10’’ partment of Health and Human Services, volving U.S. exports to Mexico; to the Com- (FRL #6430–7), received August 30, 1999; to transmitting, pursuant to law, the report of mittee on Banking, Housing, and Urban Af- the Committee on Environment and Public a rule entitled ‘‘Food Additives Permitted in fairs. Works. the Feed and Drinking Water of Animals; EC–4944. A communication from the Pro- EC–4924. A communication from the Direc- Menadione Nicotinamide Bisulfite’’ (98F– gram Analyst, Office of the Chief Counsel, tor, Office of Regulatory Management and 0283), received August 30, 1999; to the Com- Federal Aviation Administration, Depart- Information, Office of Policy, Planning and mittee on Health, Education, Labor, and ment of Transportation, transmitting, pur- Evaluation, Environmental Protection Agen- Pensions. suant to law, the report of a rule entitled cy, transmitting, a report entitled ‘‘Approval EC–4934. A communication from the Solic- ‘‘Amendment to Class E Airspace; Smith and Promulgation of State Plans for Des- itor General, transmitting, a report relative Center, KS; Direct Final Rule; Request for ignated Facilities and Pollutants; Massachu- to the Supreme Court decision in ‘‘Greater Comments; Docket No. 99–ACE–32 (8–9/8–12)’’ setts; Plan for Controlling MWC Emissions New Orleans Broadcasting Association v. (RIN2120–AA66) (1999–0259), received August from Existing MWC Plants’’; to the Com- United States’’; to the Committee on the Ju- 12, 1999; to the Committee on Commerce, mittee on Environment and Public Works. diciary. Science, and Transportation.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10600 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4945. A communication from the Pro- ment of Transportation, transmitting, pur- ‘‘Modification of the Legal Description of gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled the Class E Airspace; Cincinnati, OH; Docket Federal Aviation Administration, Depart- ‘‘Modification to Class E Airspace; Kingman, No. 99–AGL–32 (8–27/8–30)’’ (RIN2120–AA66) ment of Transportation, transmitting, pur- AZ; Docket No. 97–AWP–12 (8–10/8–12)’’ (1999–0280), received August 30, 1999; to the suant to law, the report of a rule entitled (RIN2120–AA66) (1999–0255), received August Committee on Commerce, Science, and ‘‘Amendment to Class E Airspace; Jefferson, 12, 1999; to the Committee on Commerce, Transportation. IA; Direct Final Rule; Request for Com- Science, and Transportation. EC–4962. A communication from the Pro- ments; Docket No. 99–ACE–31 (8–9/8–12)’’ EC–4954. A communication from the Pro- gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0258), received August gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- 12, 1999; to the Committee on Commerce, Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- Science, and Transportation. ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled EC–4946. A communication from the Pro- suant to law, the report of a rule entitled ‘‘Standard Instrument Approach Procedures; gram Analyst, Office of the Chief Counsel, ‘‘Modification to Class E Airspace; Escanaba, Miscellaneous Amendments (97); Amdt. No. Federal Aviation Administration, Depart- MI; Docket No. 97–AGL–34 (8–27/8–30)’’ 1944 (8–13/8–16)’’ (RIN2120–AA65) (1999–0040), ment of Transportation, transmitting, pur- (RIN2120–AA66) (1999–0282), received August received August 18, 1999; to the Committee suant to law, the report of a rule entitled 30, 1999; to the Committee on Commerce, on Commerce, Science, and Transportation. ‘‘Amendment to Class E Airspace; Hebron, Science, and Transportation. EC–4963. A communication from the Pro- NE; Direct Final Rule; Request for Com- EC–4955. A communication from the Pro- gram Analyst, Office of the Chief Counsel, ments; Docket No. 99–ACE–27 (8–9/8–12)’’ gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- (RIN2120–AA66) (1999–0261), received August Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- 12, 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled Science, and Transportation. suant to law, the report of a rule entitled ‘‘Airport Name Changes and Revision of EC–4947. A communication from the Pro- ‘‘Modification of the Class B Airspace Area, Legal Description of Class D, Class E2, and gram Analyst, Office of the Chief Counsel, Orlando, FL; and Modification of the Orlando Class E4 Airspace Areas; Barbers Point, HI; Federal Aviation Administration, Depart- Sanford Airport Class D Airspace Area; Docket No. 99–AWP–11 (8–12/8–12)’’ (RIN2120– ment of Transportation, transmitting, pur- Docket No. 95–AWA–4 (8–5/8–9)’’ (RIN2120– AA66) (1999–0252), received August 12, 1999; to suant to law, the report of a rule entitled AA66) (1999–0249), received August 10, 1999; to the Committee on Commerce, Science, and ‘‘Amendment to Class E Airspace; Wayne, the Committee on Commerce, Science, and Transportation. NE; Direct Final Rule; Request for Com- Transportation. EC–4964. A communication from the Pro- ments; Docket No. 99–ACE–29 (8–9/8–12)’’ EC–4956. A communication from the Pro- gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0262), received August gram Analyst, Office of the Chief Counsel, Federal Aviation Administration, Depart- 12, 1999; to the Committee on Commerce, Federal Aviation Administration, Depart- ment of Transportation, transmitting, pur- Science, and Transportation. ment of Transportation, transmitting, pur- suant to law, the report of a rule entitled EC–4948. A communication from the Pro- suant to law, the report of a rule entitled ‘‘Modification of VOR Federal Airways, MO; gram Analyst, Office of the Chief Counsel, ‘‘Revocation of Class E Airspace Lafayette, Direct Final Rule; Request for Comments; Federal Aviation Administration, Depart- Aretz Airport, IN; Docket No. 99–AGL–36 (8– Docket No. 99–ACE–14 (8–9/8–12)’’ (RIN2120– ment of Transportation, transmitting, pur- 27/8–30)’’ (RIN2120–AA66) (1999–0281), received AA66) (1999–0260), received August 12, 1999; to suant to law, the report of a rule entitled August 30, 1999; to the Committee on Com- the Committee on Commerce, Science, and ‘‘Amendment to Class E Airspace; Clarinda, merce, Science, and Transportation. Transportation. IA; Direct Final Rule; Confirmation of Effec- EC–4957. A communication from the Pro- EC–4965. A communication from the Pro- tive Date; Docket No. 99–ACE–17 (8–9/8–12)’’ gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0253), received August Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- 12, 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Science, and Transportation. suant to law, the report of a rule entitled suant to law, the report of a rule entitled EC–4949. A communication from the Pro- ‘‘Revision of Class E Airspace; Altus, OK; Di- ‘‘Airworthiness Directives: Boeing Model gram Analyst, Office of the Chief Counsel, rect Final Rule; Request for Comments; 727–600, –700, and –800 Series Airplanes; Re- Federal Aviation Administration, Depart- Docket No. 99–ASW–16 (8–5/8–9)’’ (RIN2120– quest for Comments; Docket No. 99–NM–188 ment of Transportation, transmitting, pur- AA66) (1999–0251), received August 10, 1999; to (8–9/8–12)’’ (RIN2120–AA64) (1999–0295), re- suant to law, the report of a rule entitled the Committee on Commerce, Science, and ceived August 12, 1999; to the Committee on ‘‘Amendment to Class E Airspace; Rock Rap- Transportation. Commerce, Science, and Transportation. ids, IA; Direct Final Rule; Delay of Effective EC–4958. A communication from the Pro- EC–4966. A communication from the Pro- Date; Docket No. 99–ACE–15 (8–11/8–12)’’ gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, (RIN2120–AA66) (1999–0254), received August Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- 12, 1999; to the Committee on Commerce, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Science, and Transportation. suant to law, the report of a rule entitled suant to law, the report of a rule entitled EC–4950. A communication from the Pro- ‘‘Revision of Class E Airspace; Antlers, OK; ‘‘Airworthiness Directives: Boeing Model gram Analyst, Office of the Chief Counsel, Direct Final Rule; Request for Comments; 747–400 Series Airplanes; Request for Com- Federal Aviation Administration, Depart- Docket No. 99–ASW–17 (8–5/8–9)’’ (RIN2120– ments; Docket No. 99–NM–180 (8–9/8–12)’’ ment of Transportation, transmitting, pur- AA66) (1999–0250), received August 10, 1999; to (RIN2120–AA64) (1999–0296), received August suant to law, the report of a rule entitled the Committee on Commerce, Science, and 12, 1999; to the Committee on Commerce, ‘‘Amendment to Class E Airspace; Babylon, Transportation. Science, and Transportation. NY; Docket No. 99–AEA–05 (8–4/8–12)’’ EC–4959. A communication from the Pro- EC–4967. A communication from the Pro- (RIN2120–AA66) (1999–0257), received August gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, 12, 1999; to the Committee on Commerce, Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- Science, and Transportation. ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- EC–4951. A communication from the Pro- suant to law, the report of a rule entitled suant to law, the report of a rule entitled gram Analyst, Office of the Chief Counsel, ‘‘Revision of Class E Airspace; Galveston, ‘‘Airworthiness Directives: Boeing Model Federal Aviation Administration, Depart- TX; Direct Final Rule; Confirmation of Ef- 747–400 Series Airplanes; Request for Com- ment of Transportation, transmitting, pur- fective Date; Docket No. 99–ASW–09 (8–5/8–9)’’ ments; Docket No. 99–NM–61 (8–9/8–12)’’ suant to law, the report of a rule entitled (RIN2120–AA66) (1999–0248), received August (RIN2120–AA64) (1999–0294), received August ‘‘Amendment to Class E Airspace; Thedford, 10, 1999; to the Committee on Commerce, 12, 1999; to the Committee on Commerce, NE; Docket No. 99–ACE–23 (8–10/8–12)’’ Science, and Transportation. Science, and Transportation. (RIN2120–AA66) (1999–0256), received August EC–4960. A communication from the Pro- EC–4968. A communication from the Pro- 12, 1999; to the Committee on Commerce, gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, Science, and Transportation. Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- EC–4952. A communication from the Pro- ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- gram Analyst, Office of the Chief Counsel, suant to law, the report of a rule entitled suant to law, the report of a rule entitled Federal Aviation Administration, Depart- ‘‘Revision of Class E Airspace; Shreveport, ‘‘Airworthiness Directives: Raytheon Air- ment of Transportation, transmitting, pur- LA; Direct Final Rule; Confirmation of Ef- craft Company Model Beech 1900D Airplanes; suant to law, the report of a rule entitled fective Date; Docket No. 99–ASW–10 (8–5/8–9)’’ Docket No. 98–CE–123 (8–9/8–12)’’ (RIN2120– ‘‘Modification to Class D and Class E Air- (RIN2120–AA66) (1999–0247), received August AA64) (1999–0298), received August 12, 1999; to space; Terre Haute, IN; Docket No. 99–AGL– 10, 1999; to the Committee on Commerce, the Committee on Commerce, Science, and 35 (8–27/–30)’’ (RIN2120–AA66) (1999–0283), re- Science, and Transportation. Transportation. ceived August 30, 1999; to the Committee on EC–4961. A communication from the Pro- EC–4969. A communication from the Pro- Commerce, Science, and Transportation. gram Analyst, Office of the Chief Counsel, gram Analyst, Office of the Chief Counsel, EC–4953. A communication from the Pro- Federal Aviation Administration, Depart- Federal Aviation Administration, Depart- gram Analyst, Office of the Chief Counsel, ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- Federal Aviation Administration, Depart- suant to law, the report of a rule entitled suant to law, the report of a rule entitled

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10601 ‘‘Airworthiness Directives: Airbus Model mittee on Commerce, Science, and Transpor- Docket No. 99–NM–29 (8–223/8–26)’’ (RIN2120– A310 Series Airplanes; Docket No. 99–NM–16 tation. AA64) (1999–0318), received August 25, 1999; to (8–/8–12)’’ (RIN2120–AA64) (1999–0299), received EC–4978. A communication from the Pro- the Committee on Commerce, Science, and August 12, 1999; to the Committee on Com- gram Analyst, Federal Aviation Administra- Transportation. merce, Science, and Transportation. tion, Department of Transportation, trans- EC–4987. A communication from the Pro- EC–4970. A communication from the Pro- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- gram Analyst, Office of the Chief Counsel, entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- Federal Aviation Administration, Depart- Class E Airspace: Eau Claire, WI; Docket No. mitting, pursuant to law, the report of a rule ment of Transportation, transmitting, pur- 99–AGL–28 (8–25/8–26)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; British suant to law, the report of a rule entitled 0273), received August 25, 1999; to the Com- Aerospace Model B Ae 146 and Model Avro ‘‘Airworthiness Directives: Bell Helicopters mittee on Commerce, Science, and Transpor- 146–RJ Series Airplanes; Docket No. 97–NM– Textron Model 230 Helicopters; Request for tation. 129 (8–23/8–26)’’ (RIN2120–AA64) (1999–0317), re- Comments; Docket No. 98–SW–52 (8–9/8–12)’’ EC–4979. A communication from the Pro- ceived August 25, 1999; to the Committee on (RIN2120–AA64) (1999–0297), received August gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. 12, 1999; to the Committee on Commerce, tion, Department of Transportation, trans- EC–4988. A communication from the Pro- Science, and Transportation. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- EC–4971. A communication from the Pro- entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- gram Analyst, Office of the Chief Counsel, Class E Airspace: Minneapolis, MN; Docket mitting, pursuant to law, the report of a rule Federal Aviation Administration, Depart- No. 99–AGL–33 (8–26/8–25)’’ (RIN2120–AA66) entitled ‘‘Airworthiness Directives; Lock- ment of Transportation, transmitting, pur- (1999–0275), received August 25, 1999; to the heed Model L–1011 Series Airplanes; Docket suant to law, the report of a rule entitled Committee on Commerce, Science, and No. 98–NM–315 (8–20/8–23)’’ (RIN2120–AA64) ‘‘Airworthiness Directives: Bell Helicopters Transportation. (1999–0315), received August 25, 1999; to the Textron Model 204B, 205A and 205A–1 Heli- EC–4980. A communication from the Pro- Committee on Commerce, Science, and copters; Docket No. 98–SW–73 (8–12/8–12)’’ gram Analyst, Federal Aviation Administra- Transportation. (RIN2120–AA64) (1999–0300), received August tion, Department of Transportation, trans- EC–4989. A communication from the Pro- 12, 1999; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- EC–4972. A communication from the Pro- Class E Airspace: Sheridan, IN; Docket No. mitting, pursuant to law, the report of a rule gram Analyst, Office of the Chief Counsel, 99–AGL–31 (8–26/8–25)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; Bom- Federal Aviation Administration, Depart- 0276), received August 25, 1999; to the Com- bardier Model DHC–8 Series Airplanes; Dock- ment of Transportation, transmitting, pur- mittee on Commerce, Science, and Transpor- et No. 99–NM–55 (8–20/8–23)’’ (RIN2120–AA64) suant to law, the report of a rule entitled tation. (1999–0312), received August 24, 1999; to the ‘‘Airworthiness Directives: MD Helicopters, EC–4981. A communication from the Pro- Committee on Commerce, Science, and Inc. (MDHI) Model MD–900 Helicopters; gram Analyst, Federal Aviation Administra- Transportation. EC–4990. A communication from the Pro- Docket No. 98–SW–42 (8–6/8–9)’’ (RIN2120– tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- AA64) (1999–0293), received August 12, 1999; to mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- the Committee on Commerce, Science, and entitled ‘‘Airspace Actions; Amendment of mitting, pursuant to law, the report of a rule Transportation. Class E Airspace: Fort Rucker, AL; Docket entitled ‘‘Airworthiness Directives; Pilatus, EC–4973. A communication from the Pro- No. 99–ASO–11 (8–26/8–24)’’ (RIN2120–AA66) Aircraft Ltd. Models PC–12 and PC–12/45 Air- gram Analyst, Office of the Chief Counsel, (1999–0279), received August 25, 1999; to the planes; Docket No. 99–CE–10 (8–20/8–23)’’ Federal Aviation Administration, Depart- Committee on Commerce, Science, and (RIN2120–AA64) (1999–0308), received August ment of Transportation, transmitting, pur- Transportation. 24, 1999; to the Committee on Commerce, suant to law, the report of a rule entitled EC–4982. A communication from the Pro- Science, and Transportation. gram Analyst, Federal Aviation Administra- ‘‘Airworthiness Directives: Airbus Model EC–4991. A communication from the Pro- tion, Department of Transportation, trans- A300, A310, and A300–600 Series Airplanes; Re- gram Analyst, Federal Aviation Administra- quest for Comments: Docket No. 99–NM–189 mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- (8–9/8–12)’’ (RIN2120–AA64) (1999–0301), re- entitled ‘‘Airspace Actions; Establishment of mitting, pursuant to law, the report of a rule ceived August 12, 1999; to the Committee on Class E Airspace: Tupelo, MS; Docket No. 9– entitled ‘‘Airworthiness Directives; Bell Hel- Commerce, Science, and Transportation. ASO–10 (8–26/8–24)’’ (RIN2120–AA66) (1999– icopter Textron, A Division of Textron Can- EC–4974. A communication from the Super- 0277), received August 25, 1999; to the Com- ada, Model 206L, L–1, L–3, and L–4 Heli- visory Attorney/Advisor, Common Carrier mittee on Commerce, Science, and Transpor- copters; Docket No. 99–SW–30–AD (8–20/8–23)’’ Bureau, Accounting Safeguards Division, tation. (RIN2120–AA64) (1999–0310), received August Federal Communications Commission, trans- EC–4983. A communication from the Pro- 24, 1999; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘1998 Biennial Regulatory Review- tion, Department of Transportation, trans- EC–4992. A communication from the Pro- Review of Cost Accounting and Cost Alloca- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion Requirements’’ (CC Docket No. 98–81) entitled ‘‘Airspace Actions; Removal of Class tion, Department of Transportation, trans- (FCC 99–106), received August 19, 1999; to the E Airspace: Arlington, TN; Docket No. 99– mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and ASO–16 (8–26/8–24)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; MD Heli- Transportation. 0278), received August 25, 1999; to the Com- copters; Model 600N Helicopters; Docket No. EC–4975. A communication from the Chief, mittee on Commerce, Science, and Transpor- 99–SW–16 (8–20/8–23)’’ (RIN2120–AA64) (1999– Policy and Rules Division, Office of Engi- tation. 0313), received August 24, 1999; to the Com- neering and Technology, Federal Commu- EC–4984. A communication from the Pro- mittee on Commerce, Science, and Transpor- nications Commission, transmitting, pursu- gram Analyst, Federal Aviation Administra- tation. ant to law, the report of a rule entitled ‘‘RF tion, Department of Transportation, trans- EC–4993. A communication from the Pro- Lighting Devices-Biennial Regulatory Re- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- view (ET Docket 98–42)’’ (ET Docket No. 98– entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- 42) (FCC 99–135), received August 19, 1999; to Model 737–700 and 800 Series Airplanes; Dock- mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and et No. 99–NM–179 (8–25/8–26)’’ (RIN2120–AA64) entitled ‘‘Airworthiness Directives; Allison Transportation. (1999–0316), received August 25, 1999; to the Engine Company, Inc. AE2100A and AE2100C EC–4976. A communication from the Pro- Committee on Commerce, Science, and Series Turboprop Engines; Docket No. 99– gram Analyst, Federal Aviation Administra- Transportation. NE–14 (8–20/8–23)’’ (RIN2120–AA64) (1999–0309), tion, Department of Transportation, trans- EC–4985. A communication from the Pro- received August 24, 1999; to the Committee mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- EC–4994. A communication from the Pro- Class E Airspace: La Crosse, WI; Docket No. mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- 99–AGL–29 (8–25/8–26)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; Boeing tion, Department of Transportation, trans- 0272), received August 25, 1999; to the Com- Model 757–200 and –300 Series Airplanes; mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- Docket No. 99–NM–06 (8–20/8–23)’’ (RIN2120– entitled ‘‘Airworthiness Directives; Pratt tation. AA64) (1999–0311), received August 24, 1999; to and Whitney PW4000A Series Turbofan En- EC–4977. A communication from the Pro- the Committee on Commerce, Science, and gines; Docket No. 99–NE–22 (8–20/8–23)’’ gram Analyst, Federal Aviation Administra- Transportation. (RIN2120–AA64) (1999–0314), received August tion, Department of Transportation, trans- EC–4986. A communication from the Pro- 24, 1999; to the Committee on Commerce, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- Science, and Transportation. entitled ‘‘Airspace Actions; Modification of tion, Department of Transportation, trans- EC–4995. A communication from the Sec- Class E Airspace: Mankato, MN; Docket No. mitting, pursuant to law, the report of a rule retary of Defense, transmitting, the report of 99–AGL–30 (8–26/8–25)’’ (RIN2120–AA66) (1999– entitled ‘‘Airworthiness Directives; Air Bus a retirement; to the Committee on Armed 0271), received August 25, 1999; to the Com- Model A319, A320, and A321 Series Airplanes; Services.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10602 CONGRESSIONAL RECORD — SENATE September 8, 1999 EC–4996. A communication from the Senior ceived August 31, 1999; to the Committee on curity Zone Regulations; Decker Wedding Civilian Official, Command, Control, Com- Health, Education, Labor, and Pensions. Fireworks, Western Long Island Sound, Rye, munications, and Intelligence, Department EC–5007. A communication from the Direc- NY (CGD01–99–149)’’ (RIN2115–AA97) (1999– of Defense, transmitting, pursuant to law, a tor, Regulations Policy and Management 0053), received August 24, 1999; to the Com- report entitled ‘‘Plan for Development of an Staff, Food and Drug Administration, De- mittee on Commerce, Science, and Transpor- Enhanced Global Positioning System partment of Health and Human Services, tation. (GPS)’’, dated July, 1999; to the Committee transmitting, pursuant to law, the report of EC–5016. A communication from the Acting on Armed Services. a rule entitled ‘‘Substantial Evidence of Ef- Chief, Office of Regulations and Administra- EC–4997. A communication from the Sec- fectiveness of New Animal Drugs’’ (RIN 0910– tive Law, U.S. Coast Guard, Department of retary of Defense, transmitting, pursuant to AB08), received August 31, 1999; to the Com- Transportation, transmitting, pursuant to law, a report relative to the transportation mittee on Health, Education, Labor, and law, the report of a rule entitled ‘‘Safety/Se- of Chemical Agent Identification Sets (CAIS) Pensions. curity Zone Regulations; Staten Island Fire- from Guam to Johnston Atoll; to the Com- EC–5008. A communication from the Direc- works, Lower New York Bay and Raritan mittee on Armed Services. tor, Regulations Policy and Management Bay (CGD01–99–094)’’ (RIN2115–AA97) (1999– EC–4998. A communication from the Chief, Staff, Food and Drug Administration, De- 0055), received August 25, 1999; to the Com- Regulations Unit, Internal Revenue Service, partment of Health and Human Services, mittee on Commerce, Science, and Transpor- Department of the Treasury, transmitting, transmitting, pursuant to law, the report of tation. pursuant to law, the report of a rule entitled a rule entitled ‘‘Indirect Food Additives: Ad- EC–5017. A communication from the Acting ‘‘Fringe Benefits Aircraft Valuation For- juvants, Production Aids and Sanitizers’’ Chief, Office of Regulations and Administra- mula’’ (Rev. Rul. 99–33), received August 24, (91F–0399), received August 31, 1999; to the tive Law, U.S. Coast Guard, Department of 1999; to the Committee on Finance. Committee on Health, Education, Labor, and Transportation, transmitting, pursuant to EC–4999. A communication from the Chief, Pensions. law, the report of a rule entitled ‘‘Draw- Regulations Unit, Internal Revenue Service, EC–5009. A communication from the Direc- bridge Regulations; Hutchinson River, NY Department of the Treasury, transmitting, tor, Regulations Policy and Management (CGD01–99–153)’’ (RIN2115–AE47) (1999–0039), pursuant to law, the report of a rule entitled Staff, Food and Drug Administration, De- received August 25, 1999; to the Committee ‘‘Market Segment Specialization Program partment of Health and Human Services, on Commerce, Science, and Transportation. Audit Techniques Guide-Placer Mining In- transmitting, pursuant to law, the report of dustry’’, received August 24, 1999; to the a rule entitled ‘‘Indirect Food Additives: EC–5018. A communication from the Acting Committee on Finance. Paper and Paperboard Components’’ (96F– Chief, Office of Regulations and Administra- EC–5000. A communication from the Chief, 0145), received August 31, 1999; to the Com- tive Law, U.S. Coast Guard, Department of Regulations Branch, U.S. Customs service, mittee on Health, Education, Labor, and Transportation, transmitting, pursuant to Department of the Treasury, transmitting, Pensions. law, the report of a rule entitled ‘‘Draw- pursuant to law, the report of a rule entitled EC–5010. A communication from the Direc- bridge Regulations; Danvers River, MA ‘‘Accreditation of Commercial Testing Lab- tor, Regulations Policy and Management (CGD01–99–148)’’ (RIN2115–AE47) (1999–0037), oratories; Approval of Commercial Gaugers’’ Staff, Food and Drug Administration, De- received August 24, 1999; to the Committee (RIN1515–AB60), received August 30, 1999; to partment of Health and Human Services, on Commerce, Science, and Transportation. the Committee on Finance. transmitting, pursuant to law, the report of EC–5019. A communication from the Acting EC–5001. A communication from the Chief, a rule entitled ‘‘Indirect Food Additives: Chief, Office of Regulations and Administra- Regulations Branch, U.S. Customs service, Paper and Paperboard Components’’ (96F– tive Law, U.S. Coast Guard, Department of Department of the Treasury, transmitting, 0871), received August 31, 1999; to the Com- Transportation, transmitting, pursuant to pursuant to law, the report of a rule entitled mittee on Health, Education, Labor, and law, the report of a rule entitled ‘‘Draw- ‘‘Textiles and Textile Products; Denial of Pensions. bridge Regulations; Long Island Inland Wa- Entry’’ (RIN1515–AC49), received August 31, EC–5011. A communication from the Chair- terway from East Rockaway Inlet to 1999; to the Committee on Finance. man, Office of Proceedings, Surface Trans- Shinnecock Canal, NY (CGD01–99–080)’’ EC–5002. A communication from the Acting portation Board, transmitting, pursuant to (RIN2115–AE47) (1999–0038), received August Assistant Secretary of Commerce and Acting law, the report of a rule entitled ‘‘Expedited 24, 1999; to the Committee on Commerce, Commissioner of Patents and Trademarks, Procedures for Processing Rail Rate Reason- Science, and Transportation. transmitting, pursuant to law, the report of ableness, Exemption and Revocation Pro- EC–5020. A communication from the Acting a rule entitled ‘‘Trademark Law Treaty Im- ceedings’’ (STB Ex Parte No. 527 (Sub-No. 2)), Chief, Office of Regulations and Administra- plementation Act Changes’’ (RIN0651–AB00), received August 31, 1999; to the Committee tive Law, U.S. Coast Guard, Department of received August 31, 1999; to the Committee on Commerce, Science, and Transportation. Transportation, transmitting, pursuant to on the Judiciary. EC–5012. A communication from the Dep- law, the report of a rule entitled ‘‘Regatta EC–5003. A communication from the Direc- uty Assistant Administrator, National Ocean Regulations; SLR; Patapsco River, Balti- tor, Office of Regulatory Management and Service, Estuarine Reserves Division, De- more, MD (CGD05–99–071)’’ (RIN2115–AE47) Information, Office of Policy, Planning and partment of Commerce, transmitting, pursu- (1999–0034), received August 24, 1999; to the Evaluation, Environmental Protection Agen- ant to law, the report of a rule entitled Committee on Commerce, Science, and cy, transmitting, pursuant to law, the report ‘‘Federal Register Notice/FY00 National Es- Transportation. of a rule entitled ‘‘Louisiana: Final Author- tuarine Research Reserve Graduate Research EC–5021. A communication from the Acting ization of State Hazardous Waste Manage- Fellowship’’ (RIN0648–ZA66), received August Chief, Office of Regulations and Administra- ment Program Revisions’’ (FRL #6431–2), re- 31, 1999; to the Committee on Commerce, tive Law, U.S. Coast Guard, Department of ceived August 31, 1999; to the Committee on Science, and Transportation. Transportation, transmitting, pursuant to Environment and Public Works. EC–5013. A communication from the Chief, law, the report of a rule entitled ‘‘Regatta EC–5004. A communication from the Direc- Office of Regulations and Administrative Regulations; SLR; Mears Point Marina and tor, Office of Regulatory Management and Law, U.S. Coast Guard, Department of Red Eyes Dock Bar Fireworks Display, Ches- Information, Office of Policy, Planning and Transportation, transmitting, pursuant to ter River, Kent Narrows, MD (CGD05–99– Evaluation, Environmental Protection Agen- law, the report of a rule entitled ‘‘Safety/Se- 0701)’’ (RIN2115–AE467) (1999–00334), received cy, transmitting, pursuant to law, the report curity Zone Regulations; Chelsea Street August 24, 1999; to the Committee on Com- of a rule entitled ‘‘Revisions to the Unregu- Bridge Fender System Repair, Chelsea River, merce, Science, and Transportation. lated Contaminant Monitoring Regulation MA (CGD01–99–141)’’ (RIN2115–AA97) (1999– for Public Water Systems’’ (FRL #6433–1), re- 0052), received August 19, 1999; to the Com- EC–5022. A communication from the Acting ceived August 31, 1999; to the Committee on mittee on Commerce, Science, and Transpor- Chief, Office of Regulations and Administra- Environment and Public Works. tation. tive Law, U.S. Coast Guard, Department of EC–5005. A communication from the Acting EC–5014. A communication from the Acting Transportation, transmitting, pursuant to Director, Fish and Wildlife Service, Depart- Chief, Office of Regulations and Administra- law, the report of a rule entitled ‘‘Standard ment of the Interior, transmitting, pursuant tive Law, U.S. Coast Guard, Department of Measurement System Exemption from Gross to law, the report of a rule entitled ‘‘Endan- Transportation, transmitting, pursuant to Tonnage (USCG–1999–5118)’’ (RIN2115–AF76), gered and Threatened Wildlife and Plants: law, the report of a rule entitled ‘‘Safety/Se- received August 25, 1999; to the Committee Final Endangered Status for 10 Plant Taxa curity Zone Regulations; Salvage of Sunken on Commerce, Science, and Transportation. from Maui Nui, Hawaii’’ (RIN1018–AE22), re- Fishing Vessel CAPE FEAR, Buzzards Bay, EC–5023. A communication from the Attor- ceived August 31, 1999; to the Committee on MA (CGD01–99–145)’’ (RIN2115–AA97) (1999– ney-Advisor, National Highway Traffic Safe- Environment and Public Works. 0054), received August 24, 1999; to the Com- ty Administration, Department of Transpor- EC–5006. A communication from the Assist- mittee on Commerce, Science, and Transpor- tation, transmitting, pursuant to law, the re- ant General Counsel for Regulations, Office tation. port of a rule entitled ‘‘Child Restraint Sys- of Post Secondary Education, Department of EC–5015. A communication from the Acting tems; Child Restraint Anchorage Systems; Education, transmitting, pursuant to law, Chief, Office of Regulations and Administra- Response to Petitions for Reconsideration; the report of a rule entitled ‘‘Final Regula- tive Law, U.S. Coast Guard, Department of Docket No. NHTSA–99–6160’’ (RIN2127–AH65), tions-William D. Ford Federal Direct Loan Transportation, transmitting, pursuant to received August 25, 1999; to the Committee (Direct Loan) Program’’ (RIN1840–AC68), re- law, the report of a rule entitled ‘‘Safety/Se- on Commerce, Science, and Transportation.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10603 EC–5024. A communication from the Attor- EC–5033. A communication from the Assist- area’’, received August 20, 1999; to the Com- ney-Advisor, National Highway Traffic Safe- ant Administrator for Fisheries, National mittee on Commerce, Science, and Transpor- ty Administration, Department of Transpor- Marine Fisheries Service, Department of tation. tation, transmitting, pursuant to law, the re- Commerce, transmitting, pursuant to law, EC–5042. A communication from the Chief, port of a rule entitled ‘‘Functional Equiva- the report of a rule entitled ‘‘Atlantic Tuna Mass Media Bureau, Federal Communica- lence of Headlight Concealment with Euro- Fisheries; Regulatory Adjustment to Estab- tions Commission, transmitting, pursuant to pean Regulations’’ (RIN2127–AH18), received lish a Deadline for Atlantic Tunas Permit law, the report of a rule entitled ‘‘Broadcast August 25, 1999; to the Committee on Com- Category Changes of June 11 for 1999 only’’ Television Local Ownership Rules (MM merce, Science, and Transportation. (RIN0648–AM69), received August 20, 1999; to Docket No. 91–221, 87–8)’’ (RIN3060–AF82) EC–5025. A communication from the Legal the Committee on Commerce, Science, and (FCC 99–209), received August 31, 1999; to the Technician, National Highway Traffic Safety Transportation. Committee on Commerce, Science, and Administration, Department of Transpor- EC–5034. A communication from the Acting Transportation. tation, transmitting, pursuant to law, the re- Director, Office of Sustainable Fisheries, Na- EC–5043. A communication from the Chief, port of a rule entitled ‘‘State Incentives to tional Marine Fisheries Service, Department Mass Media Bureau, Federal Communica- Prevent Operation of Motor Vehicles by In- of Commerce, transmitting, pursuant to law, tions Commission, transmitting, pursuant to toxicated Persons; Correction of Effective the report of a rule entitled ‘‘Modification of law, the report of a No. 96–222, 87–8)’’ Date Under the Congressional Review Act’’ a Closure for Pacific Ocean Perch in the (RIN3060–AF82) (FCC 99–208), received August (RIN2127–AH39), received August 30, 1999; to West Yukatat District of the Gulf of Alas- 31, 1999; to the Committee on Commerce, the Committee on Commerce, Science, and ka’’, received August 20, 1999; to the Com- Science, and Transportation. Transportation. mittee on Commerce, Science, and Transpor- EC–5044. A communication from the Chief, EC–5026. A communication from the Attor- tation. Mass Media Bureau, Federal Communica- ney, National Highway Traffic Safety Ad- EC–5035. A communication from the Acting tions Commission, transmitting, pursuant to ministration, Department of Transportation, Director, Office of Sustainable Fisheries, Na- law, the report of a rule entitled ‘‘Attribu- transmitting, pursuant to law, the report of tional Marine Fisheries Service, Department tion of Broadcast Interests (MM Docket No. a rule entitled ‘‘Location of Rollover Warn- of Commerce, transmitting, pursuant to law, 94–150, 92–150, 87–154)’’ (RIN3060–AF82) (FCC ing Labels; Response to Petitions for Recon- the report of a rule entitled ‘‘Closure for 99–207), received August 31, 1999; to the Com- sideration’’ (RIN2127–AH68), received August Northern Rockfish in the Western Regu- mittee on Commerce, Science, and Transpor- 25, 1999; to the Committee on Commerce, latory Area of the Gulf of Alaska’’, received tation. Science, and Transportation. August 20, 1999; to the Committee on Com- EC–5045. A communication from the Spe- EC–5027. A communication from the Attor- merce, Science, and Transportation. cial Assistant to the Chief, Mass Media Bu- ney, Research and Special Programs Admin- EC–5036. A communication from the Chief reau, Federal Communications Commission, istration, Department of Transportation, Acting Director, Office of Sustainable Fish- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of eries, National Marine Fisheries Service, De- a rule entitled ‘‘Amendment of Section a rule entitled ‘‘Pipeline Safety: Qualifica- partment of Commerce, transmitting, pursu- 73.202(b), Table of FM Allotments; FM Broad- tion of Pipeline Personnel’’ (RIN2137–AB38), ant to law, the report of a rule entitled cast Stations; Cedar Key, FL’’ (MM Docket received August 24, 1999; to the Committee ‘‘Fisheries of the Exclusive Economic Zone No. 99–72), received August 31, 1999; to the on Commerce, Science, and Transportation. Off Alaska; Halibut Bycatch Mortality Al- Committee on Commerce, Science, and EC–5028. A communication from the Asso- lowance in the Bering Sea and Aleutian Is- Transportation. ciate Chief Counsel, Federal Highway Ad- lands Management Area’’, received August EC–5046. A communication from the Spe- ministration, Department of Transportation, 18, 1999; to the Committee on Commerce, cial Assistant to the Chief, Mass Media Bu- transmitting, pursuant to law, the report of Science, and Transportation. reau, Federal Communications Commission, a rule entitled ‘‘Parts and Accessories Nec- EC–5037. A communication from the Direc- transmitting, pursuant to law, the report of essary for Safe Operation; Rear Impact tor, Office of Sustainable Fisheries, National a rule entitled ‘‘Amendment of Section Guards and Rear Impact Protection’’ Marine Fisheries Service, Department of 73.202(b), Table Docket No. 98–64), received (RIN2125–AE15), received August 30, 1999; to Commerce, transmitting, pursuant to law, August 31, 1999; to the Committee on Com- the Committee on Commerce, Science, and the report of a rule entitled ‘‘Closure of the merce, Science, and Transportation. Transportation. Commercial Fishery for King Mackerel in EC–5047. A communication from the Spe- EC–5029. A communication from the Assist- the Exclusive Economic Zone in the Western cial Assistant to the Chief, Mass Media Bu- ant Administrator for Fisheries, National Zone of the Gulf of Mexico’’, received August reau, Federal Communications Commission, Marine Fisheries Service, Department of 26, 1999; to the Committee on Commerce, transmitting, pursuant to law, the report of Commerce, transmitting, pursuant to law, Science, and Transportation. a rule entitled ‘‘Amendment of Section the report of a rule entitled ‘‘Atlantic Highly EC–5038. A communication from the Direc- 73.202(b), Table of FM Allotments; FM Broad- Migratory Species Fisheries; Atlantic tor, Office of Sustainable Fisheries, National cast Stations; Clifton, IL; Lennox, SD; and Bluefin Tuna Catch Reporting; Determina- Marine Fisheries Service, Department of Sibley, IA’’ (MM Docket Nos. 98–213; 98–215; tion of State Jurisdiction’’ (RIN0648–AM81), Commerce, transmitting, pursuant to law, and 98–219), received August 9, 1999; to the received August 20, 1999; to the Committee the report of a rule entitled ‘‘Modification of Committee on Commerce, Science, and on Commerce, Science, and Transportation. a Closure (Opens Directed Fishing for Pacific Transportation. EC–5030. A communication from the Assist- Cod for Inshore Processing in the Central EC–5048. A communication from the Spe- ant Administrator for Fisheries, National Regulatory Area of the Gulf of Alaska)’’, re- cial Assistant to the Chief, Mass Media Bu- Marine Fisheries Service, Department of ceived August 26, 1999; to the Committee on reau, Federal Communications Commission, Commerce, transmitting, pursuant to law, Commerce, Science, and Transportation. transmitting, pursuant to law, the report of the report of a rule entitled ‘‘Atlantic Highly EC–5039. A communication from the Direc- a rule entitled ‘‘Memorandum Opinion and Migratory Species Fisheries; Atlantic tor, Office of Sustainable Fisheries, National Order—Implementation of Section 309(j) of Bluefin Tuna 1999 Quota and Effort Control Marine Fisheries Service, Department of the Communications Act—Competitive Bid- Specifications’’ (RIN0648–AM17), received Commerce, transmitting, pursuant to law, ding for Commercial Broadcast and Instruc- August 20, 1999; to the Committee on Com- the report of a rule entitled ‘‘Closure of Di- tional Television Fixed Service Licenses; Re- merce, Science, and Transportation. rected Fishing for Hook-and-Line Gear for examination of the Policy Statement on EC–5031. A communication from the Assist- Groundfish Except for Sablefish or Demersal Comparative Broadcast Hearings; Proposals ant Administrator for Fisheries, National Shelf Rockfish in the Gulf of Alaska’’, re- to Reform the Commission’s Marine Fisheries Service, Department of ceived August 26, 1999; to the Committee on Comparative...(MM Docket No. 98–234; GC Commerce, transmitting, pursuant to law, Commerce, Science, and Transportation. Docket No. 92–52 and Gen. Docket No. 90–264, the report of a rule entitled ‘‘Final Rule to EC–5040. A communication from the Direc- FCC 99–201)’’, received August 19, 1999; to the Implement Catch Specifications for the Gulf tor, Office of Sustainable Fisheries, National Committee on Commerce, Science, and and Atlantic Groups of King and Spanish Marine Fisheries Service, Department of Transportation. Mackerel’’ (RIN0648–AL80), received August Commerce, transmitting, pursuant to law, EC–5049. A communication from the Spe- 20, 1999; to the Committee on Commerce, the report of a rule entitled ‘‘Commercial cial Assistant to the Chief, Mass Media Bu- Science, and Transportation. Quota Adjustment for 1999 for the Summer reau, Federal Communications Commission, EC–5032. A communication from the Assist- State Flounder Quotas’’, received August 26, transmitting, pursuant to law, the report of ant Administrator for Fisheries, National 1999; to the Committee on Commerce, a rule entitled ‘‘In the Matter of Commu- Marine Fisheries Service, Department of Science, and Transportation. nications Assistance for Law Enforcement Commerce, transmitting, pursuant to law, EC–5041. A communication from the Direc- Act (Report and Order)’’ (CC Doc. 97–213, FCC the report of a rule entitled ‘‘Atlantic Tuna tor, Office of Sustainable Fisheries, National 99–11), received August 31, 1999; to the Com- Fisheries; Regulatory Adjustment to Sus- Marine Fisheries Service, Department of mittee on Commerce, Science, and Transpor- pend Deadline for Atlantic Tunas Permit Commerce, transmitting, pursuant to law, tation. Category Changes for 1999 only’’ (RIN0648– the report of a rule entitled ‘‘Fisheries of the EC–5050. A communication from the Spe- AM69), received August 20, 1999; to the Com- Exclusive Economic Zone Off Alaska; Vessels cial Assistant to the Chief, Mass Media Bu- mittee on Commerce, Science, and Transpor- Catching Pollock for Processing by the reau, Federal Communications Commission, tation. Inshore Component in the Bering Sea Sub- transmitting, pursuant to law, the report of

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10604 CONGRESSIONAL RECORD — SENATE September 8, 1999 a rule entitled ‘‘In the Matter of Commu- legislation to the Committee on Banking, gram’’ (RIN0560–AF70), received September 2, nications Assistance for Law Enforcement Housing, and Urban Affairs. 1999; to the Committee on Agriculture, Nu- Act (Order on Reconsideration)’’ (CC Doc. 97– EC–5064. A communication from the Assist- trition, and Forestry. 213, FCC 99–184), received August 31, 1999; to ant Secretary for Fish and Wildlife and EC–5074. A communication from the Direc- the Committee on Commerce, Science, and Parks, Department of the Interior, transmit- tor, Congressional Affairs, Nuclear Regu- Transportation. ting a draft of proposed legislation relative latory Commission, transmitting, pursuant EC–5051. A communication from the Presi- to medical expenses incurred by the U.S. to law, the report of a rule entitled ‘‘Agree- dent of the United States, transmitting, pur- Park Police and for other purposes; to the ment with the State of Ohio’’, received Sep- suant to Section 2006 of the 1999 Emergency Committee on Energy and Natural Re- tember 2, 1999; to the Committee on Environ- Supplemental Appropriations Act (Public sources. ment and Public Works. Law 106–31), a report relative to Operation EC–5065. A communication from the Assist- EC–5075. A communication from the Direc- Allied Force; to the Committee on Foreign ant Secretary, Employment Standards Ad- tor, Congressional Affairs, Nuclear Regu- Relations. ministration, Wage and Hour Division, De- latory Commission, transmitting, pursuant EC–5052. A communication from the Sec- partment of Labor, transmitting, pursuant to law, the report of a rule entitled ‘‘Changes retary of Defense, transmitting, pursuant to to law, the report of a rule entitled ‘‘Indus- to Requirements for Environmental Review law, a report relative to those persons oper- tries in American Samoa; Wage Order’’, re- of Nuclear Power Plant Operating Licenses ating directly or indirectly in the United ceived September 3, 1999; to the Committee (10 CFR Part 51)’’ (150–AG05), received Sep- States or any of its territories and posses- on Health, Education, Labor, and Pensions. tember 2, 1999; to the Committee on Environ- sions that are Communist Chinese military EC–5066. A communication from the Legal ment and Public Works. companies; to the Select Committee on In- Counsel, Equal Employment Opportunity EC–5076. A communication from the Direc- telligence. Commission, transmitting, pursuant to law, tor, Office of Regulatory Management and EC–5053. A communication from the Direc- the report of a rule entitled ‘‘Federal Sector Information, Office of Policy, Planning and tor, Defense Procurement, Department of Equal Employment Opportunity’’ (RIN3046– Evaluation, Environmental Protection Agen- Defense, transmitting, pursuant to law, the AA66), received September 2, 1999; to the cy, transmitting, pursuant to law, the report report of a rule entitled ‘‘Electronic Publica- Committee on Health, Education, Labor, and of a rule entitled ‘‘Approval and Promulga- tion of DFARS’’ (DFARS Case 98–D024), re- Pensions. tion of State Plans for Designated Facilities ceived August 26, 1999; to the Committee on EC–5067. A communication from the Sec- and Pollutants; Maryland; Control of Emis- Armed Services. retary of Agriculture transmitting a draft of sions from Existing Municipal Solid Waste EC–5054. A communication from the Direc- proposed legislation entitled ‘‘Elderly Nutri- Landfills’’ (FRL #6433–7), received September tor, Defense Procurement, Department of tion Benefits Act of 1999’’; to the Committee 2, 1999; to the Committee on Environment Defense, transmitting, pursuant to law, the on Agriculture, Nutrition, and Forestry. and Public Works. report of a rule entitled ‘‘Improved Account- EC–5068. A communication from the Direc- EC–5077. A communication from the Direc- ing for Defense Contract Services’’ (DFARS tor, Office of Regulatory Management and tor, Office of Regulatory Management and Case 98–D312), received August 26, 1999; to the Information, Office of Policy, Planning and Information, Office of Policy, Planning and Committee on Armed Services. Evaluation, Environmental Protection Agen- Evaluation, Environmental Protection Agen- EC–5055. A communication from the Acting cy, transmitting, pursuant to law, the report cy, transmitting, pursuant to law, the report Assistant Attorney General, Office of Legis- of a rule entitled ‘‘Avermectin B1 and its of a rule entitled ‘‘Approval and Promulga- lative Affairs, Department of Justice, trans- delta-8,9-isomer; Pesticide Tolerances’’ (FRL tion of Implementation Plans; Tennessee; mitting, pursuant to law, the annual report #6380–7), received September 2, 1999; to the Approval of Revisions to the Tennessee State of the Bureau of Justice for fiscal year 1999, Committee on Agriculture, Nutrition, and Implementation Plan’’ (FRL #6433–4), re- to the Committee on Governmental Affairs. Forestry. ceived September 2, 1999; to the Committee EC–5056. A communication from the Chair- EC–5069. A communication from the Con- on Environment and Public Works. man of the Council of the District of Colum- gressional Review Coordinator, Regulatory EC–5078. A communication from the Assist- bia, transmitting, pursuant to law, a report Analysis and Development, Policy and Pro- ant Secretary for Fish and Wildlife and on D.C. Act 13–132, ‘‘Closing of Public Alleys gram Development, Animal and Plant Health Parks, Office of Migratory Bird Manage- in Square 455, S.O. 98–194, Act of 1999’’; to the Inspection Service, Department of Agri- ment, Fish and Wildlife Service, Department Committee on Governmental Affairs. culture, transmitting, pursuant to law, the of the Interior, transmitting, pursuant to EC–5057. A communication from the Chair- report of a rule entitled ‘‘Horses from Mo- law, the report of a rule entitled ‘‘Compli- man of the Council of the District of Colum- rocco; Change in Disease Status’’ (Docket ance and Determination that the States of bia, transmitting, pursuant to law, a report No. 98–055–2), received September 2, 1999; to Vermont and West Virginia Meet Federal on D.C. Act 13–124, ‘‘Moratorium on the the Committee on Agriculture, Nutrition, Falconry Standards’’ (RIN1018–AE65), re- Issuance of New Retailer’s License Class B and Forestry. ceived September 2, 1999; to the Committee Amendment Act of 1999’’; to the Committee EC–5070. A communication from the Ad- on Environment and Public Works. on Governmental Affairs. ministrator, Agricultural Marketing Serv- EC–5079. A communication from the Sec- EC–5058. A communication from the Chair- ice, Marketing and Regulatory Programs, retary of Transportation, transmitting, pur- man of the Council of the District of Colum- Department of Agriculture, transmitting, suant to law, a report relative to activities bia, transmitting, pursuant to law, a report pursuant to law, the report of a rule entitled of the Commercial Space Transportation on D.C. Act 13–123, ‘‘Condominium Amend- ‘‘Fresh Prunes Grown in Designated Coun- Program for calendar year 1998; to the Com- ment Act of 1999’’; to the Committee on Gov- ties in Washington and Umatilla County, Or- mittee on Commerce, Science, and Transpor- ernmental Affairs. egon; Increased Assessment Rate’’ (Docket tation. EC–5059. A communication from the Direc- No. FV99–924–1 FR), received September 2, EC–5080. A communication from the Assist- tor, Office of Personnel Management, trans- 1999; to the Committee on Agriculture, Nu- ant Bureau Chief, Management, Inter- mitting a draft of proposed legislation rel- trition, and Forestry. national Bureau-Telecom, Federal Commu- ative tovoluntary separation incentives for EC–5071. A communication from the Ad- nications Commission, transmitting, pursu- Federal agencies; to the Committee on Gov- ministrator, Agricultural Marketing Serv- ant to law, the report of a rule entitled ‘‘In ernmental Affairs. ice, Marketing and Regulatory Programs, the Matter of International Settlement EC–5060. A communication from the Com- Department of Agriculture, transmitting, Rates’’ (IB Docket No. 96–261) (FCC 99–124), missioner, Social Security Administration, pursuant to law, the report of a rule entitled received September 2, 1999; to the Committee transmitting a draft of proposed legislation ‘‘Milk in the New England and Other Mar- on Environment and Public Works. entitled ‘‘Disability and Health Assistance keting Areas; Order Amending the Orders’’ EC–5081. A communication from the Chair- for Immigrants Act of 1999’’; to the Com- (DA–97–12), received September 2, 1999; to the man, Surface Transportation Board, trans- mittee on Finance. Committee on Agriculture, Nutrition, and mitting, pursuant to law, the report of a rule EC–5061. A communication from the Ad- Forestry. entitled ‘‘Removal, Revision, and Redesigna- ministrator, Small Business Administration, EC–5072. A communication from the Ad- tion of Miscellaneous Regulations’’ (STB—) transmitting a draft of proposed legislation ministrator, Farm Service Agency, Farm to the Committee on Commerce, Science, entitled ‘‘The U.S. Small Business Adminis- and Foreign Agricultural Services, Depart- and Transportation. tration’s 21st Century Workforce Act of ment of Agriculture, transmitting, pursuant f 1999’’; to the Committee on Small Business. to law, the report of a rule entitled ‘‘Interim EC–5062. A communication from the Assist- Rule: Flood Compensation Program’’ PETITIONS AND MEMORIALS ant to the Board, Federal Reserve Board, (RIN0560–AF57), received September 2, 1999; The following petitions and memo- transmitting, pursuant to law, the report of to the Committee on Agriculture, Nutrition, rials were laid before the Senate and a rule entitled ‘‘Regulation DD; Truth in and Forestry. Savings’’ (Docket No. R–1003), received Sep- EC–5073. A communication from the Ad- were referred or ordered to lie on the tember 2, 1999; to the Committee on Bank- ministrator, Farm Service Agency, Farm table as indicated: ing, Housing, and Urban Affairs. and Foreign Agricultural Services, Depart- POM–309. A resolution adopted by the Sen- EC–5063. A communication from the Acting ment of Agriculture, transmitting, pursuant ate of the Legislature of the State of Cali- Deputy General Counsel, Department of the to law, the report of a rule entitled ‘‘Interim fornia relative to Social Security; to the Treasury, transmitting a draft of proposed Rule: Small Hog Operation Payment Pro- Committee on Finance.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10605

SENATE RESOLUTION NO. 15 would create an ever proliferating bureauc- Whereas, According to the United States Whereas, For 60 years social security has racy. The resulting expense and the cost of Department of Labor, 1,000,000 people are as- provided a stable platform of retirement, dis- converting each account to an annuity upon saulted and injured every year as a result of ability, and survivor annuity benefits to pro- retirement would consume much of the prof- workplace violence, 1,000 people are killed tect working Americans and their depend- it, or exacerbate the loss, realized by each every year due to workplace violence, and 30 ents; and participant; and percent of battered women lose their jobs Whereas, The American and world econo- Whereas, It is an entirely different ques- due to harassment at work by abusive hus- mies continue to encounter periods of high tion whether part of the social security trust bands or boyfriends; and uncertainty and volatility that make it as fund should be diversified into investments Whereas, More than one-half of the number important as ever to preserve a basic and other than government bonds. For the fund of women in need of shelter from an abusive continuous safety net of protections guaran- to invest collectively in a broad selection of environment may be turned away from a teed by our society’s largest repository of equities and private bonds may well increase shelter due to lack of space; and risk, the federal government; and returns over time and thus enhance the ca- Whereas, Women are not the only targets Whereas, Social security affords protec- pacity of the fund to meet its obligations to of domestic violence; young children, elderly tions to rich and poor alike. No citizen, no pay benefits as presently defined. The cen- persons, and men are also victims in their matter how well off today, can say that to- tral management for those investments own homes; and Whereas, Emotional scars are often perma- morrow’s adversities will not create future would be a minor expense compared to the nent; and dependency; and staggering cost of overseeing millions of Whereas, A coalition of organizations has Whereas, Average life expectancies are in- splintered accounts. Central investment also emerged to confront this crisis directly. Law creasing greatly and people are commonly preserves the spreading of risk across the en- enforcement agencies, domestic violence living into their 80’s and 90’s, making it tire spectrum of social security participants. hotlines, battered women and children’s more important than ever that each of us be Individualized accounts, by contrast, would shelters, health care providers, churches, and fully protected by defined retirement bene- create an array of winners and losers, thus the volunteers that serve those entities are fits; and converting part of our retirement system helping the effort to end domestic violence; Whereas, Medical scientists are daily dis- into a national lottery. Those who become and covering more creative ways to preserve the disabled, those who must retire early, and dependents with the earliest and greatest Whereas, It is important to recognize the lives of the profoundly disabled, thus making compassion and dedication of the individuals it more important than ever that each of us need would receive the least in return. The system would be perversely contrary to basic involved in that effort, applaud their com- be protected against the risks of our own de- mitment, and increase public understanding pendency, against the risk of becoming a principles of insurance and risk distribution; and of this significant problem; and burden to relatives, and against the risk of Whereas, The first Day of Unity was cele- succumbing to a disability unrelated to the Whereas, Diverting social security con- tributions to private accounts is redundant brated in October 1981 and was sponsored by duration of life; and the National Coalition Against Domestic Vi- Whereas, The lives of wage earners and to existing programs. Through amendments to the Internal Revenue Code of 1986, Con- olence for the purpose of uniting battered their spouses are seldom coterminous. One women’s advocates across the nation in an spouse often outlives the other by decades, gress has created a full menu of provisions by which working Americans and their em- effort to end domestic violence; and making it crucial to preserve a secure base Whereas, That one day has grown into a ployers may contribute by choice to tax- of protection for family members dependent month of activities at all levels of govern- sheltered accounts that are open to the op- on a wage earner who may die or become dis- ment, aimed at creating awareness about the portunities and exposed fully to the risks of abled; and problem and presenting solutions; and our speculative and vigorous investment Whereas, The children of working Ameri- Whereas, The first Domestic Violence markets. One-half of American families are cans require protection against the untimely Awareness Month was proclaimed in October already covered by these recently created death or disability of their wage-earning par- 1987; now, therefore, be it ents, contingencies that are too often uncov- systems; now, therefore be it Resolved by the Senate of the State of Cali- ered by working Americans and their em- Resolved by the Senate of the State of Cali- fornia, the Assembly thereof concurring, That ployers; and fornia, That the federal government is re- the Legislature hereby proclaims the month Whereas, The costs of administering social spectfully requested to take appropriate of October 1999, as Domestic Violence Aware- security are less than 1 percent of the bene- steps to encourage workers and their em- ness Month; and be it further fits delivered; and ployers to save or invest for retirement to Resolved, That the Secretary of the Senate Whereas, The single purpose of social secu- supplement the basic benefits of the Social transmit a copy of this resolution to the rity is to provide a strong, simple, and effi- Security Program, but not as a substitute President of the United States, the Governor cient form of basic insurance against the ad- for the core protections that are vital to of the State of California, the Director of the versities of old age, disability, and depend- American working families; and be it further United States Department of Health and ency; and Resolved, That the Secretary of the Senate Human Services, and to each Senator and Whereas, Social security was founded on transmit copies of this resolution to the Representative from California in the Con- the sanctity of work and the preservation of President and Vice President of the United gress of the United States. family integrity in the face of death or dis- States, the Speaker of the House of Rep- ability; and resentatives, the Majority Leader of the Sen- POM–311. A joint resolution adopted by the Whereas, Social security, in current form, ate, and each Senator and Representative Legislature of the State of California rel- reinforces family cohesiveness and enhances from California in the Congress of the United ative to Medicare; to the Committee on Fi- the value of work in our society; and States. nance. Whereas, Congress currently has proposals SENATE JOINT RESOLUTION NO. 1 to shift a portion of social security contribu- POM–310. A concurrent resolution adopted by the Legislature of the State of California Whereas, Many health maintenance orga- tions from insurance to personal investment nizations (HMOs) have thrown the Medicare accounts for each wage earner; and relative to Domestic Violence Awareness Month; to the Committee on the Judiciary. system into a state of turmoil by with- Whereas, Social security, our largest and drawing coverage of Medicare enrollees at most fundamental insurance system, should SENATE CONCURRENT RESOLUTION NO. 7 the end of 1998; and not be splintered into individualized stock Whereas, Home should be a place of Whereas, Thousands of HMO patients in accounts. Social security cannot fulfill its warmth, unconditional love, tranquility, and California are now in a state of panic and protective function if it must also create and security; however, for many Americans, confusion regarding their future ability to manage millions of small risk-bearing in- home is tainted with violence and fear; and access health care services, including phar- vestments out of a stream of contributions Whereas, Domestic violence is much more macy benefits, at a reasonable cost; and intended as insurance. Private accounts can- than the occasional family dispute; and Whereas, In California, 39 percent of Medi- not be substituted for social security with- Whereas, According to the United States care enrollees, or approximately 1.5 million out eroding basic protections for working Department of Health and Human Services, patients, are served by HMOs, more than families. For these protections to be strong, domestic violence is the single largest cause double the national average; and they must be insulated from economic uncer- of injury to American women, affecting Whereas, In recent years, HMOs have ag- tainty and be backed by the entity best ca- 6,000,000 women of all racial, cultural, and gressively and successfully recruited the el- pable of spreading risk, the American gov- economic backgrounds; and derly into their Medicare health plans with ernment; and Whereas, According to data published by promises to provide more benefits than Whereas, The diversion of contributions to the California Department of Justice in 1996, standard fee-for-service Medicare coverage, private investment accounts would dramati- 624 incidents of domestic violence were re- including allowances for prescription drugs, cally increase financial shortfalls to the so- ported, on average, every day in California. hearing aids, and eyeglasses; and cial security trust fund and require major re- According to the American Psychological Whereas, Each year HMOs participating in ductions in the defined benefits upon which Association, nearly one in three adult the Medicare managed care program are re- millions of Americans depend. To administer women are physicially assaulted by a part- quired to notify the federal Health Care Fi- 150,000,000 separate investment accounts ner during adulthood; and nancing Administration (HCFA) whether

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10606 CONGRESSIONAL RECORD — SENATE September 8, 1999 they will renew their contracts for the fol- California in the Congress of the United President and Vice President of the United lowing year; and States, and Secretary of Health and Human States, to the Speaker of the House of Rep- Whereas, This year, numerous HMOs have Services, and the Administrator of the resentatives and each Senator and Rep- notified HCFA that they will not renew their Health Care Financing Administration. resentative from California in the Congress contracts for next year, or will reduce the of the United States, and to the United areas that they currently serve, with these POM–312. A joint resolution adopted by the States Coast Guard. withdrawals and service area reductions ad- Legislature of the State or California rel- versely affecting more than 400,000 bene- ative to the U.S. Coast Guard Training Fa- POM–313. A joint resolution adopted by the ficiaries across the nation, and over 40,000 cility (TRACEN) Petaluma; to the Com- Legislature of the State of California rel- Medicare patients in California; and mittee on Commerce, Science, and Transpor- ative to human rights; to the Committee on Whereas, The Inspector General of the tation. Foreign Relations. United States Department of Health and SENTE JOINT RESOLUTION NO. 3 SENATE JOINT RESOLUTION NO. 4 Human Services has discovered that HMOs have been receiving more than $1 billion an- Whereas, The United States Coast Guard is Whereas, The legacy of war in Afghanistan nually in overpayments from the Medicare presently assessing its training structure for has had a devastating impact on the civilian Trust Fund, because HMOs are inflating ad- cost-effectiveness and is considering consoli- population; and ministration costs dedicated to marketing, dating or closing one or two of its five train- Whereas, The warring factions in Afghani- executive salaries and fringe benefits, legal ing centers including the United States stan have routinely violated the rights of fees, and other overhead costs; and Coast Guard Training Center (TRACEN) women and girls; and Whereas, The inspector general has rec- Petaluma in the rural community of Two Whereas, There has been a marked increase ommended that these funds be recovered Rock, California; and in human rights violations against women from HMOs and dedicated to providing Medi- Whereas, TRACEN Petaluma is the only and girls since the Taliban militia seized the care beneficiaries with added health benefits, Coast Guard training facility on the west City of Kabul in September 1996; and including prescription drugs; and coast, while the Coast Guard maintains four Whereas, Afghan women are now forbidden Whereas, Many Medicare patients not other training centers on the eastern sea- to work outside of the home. Prior to the served by HMOs purchase Medicare supple- board; and Taliban takeover, women worked outside of ment insurance, also known as Medigap cov- Whereas, In the case of a prolonged na- the home in various professions; and erage, which fills in the gaps in Medicare tional emergency, a Coast Guard training fa- Whereas, Seventy percent of school teach- coverage and offers patients the most flexi- cility on the west coast has both logistic and ers, 50 percent of civilian government work- bility in choosing doctors and hospitals, and strategic value to the service’s two-ocean ers, and 40 percent of doctors in Kabul were premiums for Medigap insurance have in- mission and to national security; and women; and creased, on average, 35 percent since 1994; Whereas, The mild California coastal cli- Whereas, Afghan girls and women are pro- and mate makes it possible for TRACEN hibited from attending schools and univer- Whereas, Under the federal Balanced Budg- Petaluma to conduct outdoor exercises year sities. Before the takeover, 50 percent of the et Act of 1997, seniors enrolled in a Medicare round; and students in Afghanistan were women; and HMO that terminates its services are eligible Whereas, The Coast Guard has invested Whereas, Afghan women are forbidden to purchase specified Medigap insurance cov- more than $50 million in TRACEN Petaluma from appearing outside the home unless ac- erage, regardless of their health status, but since its inception, including $29 million to companied by a close male relative; and the last day to take advantage of this guar- construct a state-of-the-art electronics and Whereas, Access to health care has been anteed access is March 4, 1999; and telecommunications training facility; and denied to the majority of Afghan women and Whereas, Disabled individuals who qualify Whereas, The rural community of Two girls. This is a result of prohibiting male for Medicare, but are younger than 65 years Rock is dependent on TRACEN Petaluma for doctors from examining women, prohibiting of age, are not guaranteed access to Medigap the continued existence of its neighborhood women doctors from practicing, and limiting coverage under a federal interpretation of school and for fire and emergency services; the health facilities available to women; and federal law, and will need special assistance and Whereas, Afghan women are required to be to secure health care services after they are Whereas, TRACEN Petaluma contributes covered from head to toe in a shroud, with abandoned by their HMOs; now, therefore, be $24.9 million annually to the North Bay only a narrow mesh opening through which it economy in an areas that has been severely to see, when they leave their homes. Like- Resolved by the Senate and Assembly of the impacted by military base closures; and wise, they are not allowed to wear shoes that State of California, jointly, That the Legisla- Whereas, The closings of veterans hospitals make any noise when they walk; and ture respectfully memorializes the Federal in California have increased the dependence Whereas, Homes and other buildings in Government to take immediate and appro- of retired military on the health services which Afghan women or girls might be priate steps to ensure that persons aban- available at the TRACEN Petaluma medical present must have their windows painted so doned by Medicare HMOs have access to facility; and no female can be seen from outside; and other HMO or Medigap policies that cover Whereas, TRACEN Petaluma also houses Whereas, Afghan women have been prescription drugs and to establish stopgap essential non-Coast Guard training activities whipped, beaten, shot at, and, a times, killed measures to ensure that HMOs do not further for police, fire, and emergency personnel and for not adhering to these restrictions; and restrict coverage areas or benefits until the rangers employed by local, state, and federal Whereas, The Secretary of State of the larger issue of the Medicare HMO payment agencies operating throughout the region; United States, the United Nations, and the mechanism is further examined or refined; and Physicians for Human Rights have reported and be in further Whereas, These entities have no other that the Taliban’s targeting of women and Resolved, That the Legislature respectfully place to continue their training activities in girls for discrimination and abuse has cre- memorializes the Federal Government to re- the near future; and ated a health and humanitarian disaster; and scind its determination that disabled persons Whereas, TRACEN Petaluma has a tradi- Whereas, The International Red Cross and under 65 years of age enrolled in HMOs do tion of excellence recognized by the Coast the United Nations estimate that more than not have the same guaranteed rights to Guard, a well-earned reputation for commu- 500,000 people in the City of Kabul, approxi- Medigap policies as all other Medicare en- nity involvement, and a legacy of environ- mately two-thirds of the residents of that rollees; and be it further mental stewardship; city, depend on international aid to survive; Resolved, That the Legislature respectfully Resolved by the Senate and Assembly of the and memorializes the President of the United State of California, jointly, That the Legisla- Whereas, Afghanistan recognizes inter- States to issue an Executive order directing ture believes the continued operation of the national human rights conventions such as his administration to work closely and co- United States Coast Guard Training Center the Covenant on the Rights of the Child, the ordinate with California and other states to (TRACEN) Petaluma is beneficial to the crit- Convention on the Elimination of All Forms guide and assist Medicare enrollees who are ical public safety and national security mis- of Discrimination Against Women, and the abandoned by their HMOs to find new Medi- sion of the United States Coast Guard, and International Covenant on Economic, Social, care coverage, either in the form of another to the people and economy of California; and and Cultural Rights, all of which espouse re- HMO that serves the abandoned region, or be it further spect for basic human rights of all individ- through Medigap coverage, until appropriate Resolved, That the Legislature respectfully uals without regard to race, religion, eth- federal legislation is enacted to address per- memorializes the President and the Congress nicity, or gender; and manently these types of dislocations that ad- of the United States, and the United States Whereas, Denying women and girls the versely affect Medicare patients; and be it Coast Guard to continue the operation of the right to education, employment, access to further United States Coast Guard Training Facility adequate health care, and direct access to Resolved, That the Secretary of the Senate (TRACEN) Petaluma through increased utili- humanitarian aid runs counter to inter- transmit copies of this resolution to the zation of its facilities and more efficient use national human rights conventions; and President and Vice President of the United of the Coast Guard’s east coast facilities; and Whereas, Peace and security in Afghani- States, the Speaker of the House of Rep- be it further stan can only be realized with the full res- resentatives, the majority leader of the Sen- Resolved, That the Secretary of the Senate toration for all human rights and funda- ate, each Senator and Representative from transmit copies of this resolution to the mental freedom, the voluntary repatriation

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10607 of refugees to their homeland in safety and President and Vice President, to the Speaker Representative from California in the Con- dignity, and the reconstruction of Afghani- of the House of Representatives, the major- gress of the United States, the Secretary of stan; now, therefore, be it ity leader of the Senate, and each Senator Defense, the Chairperson of the Joint Chiefs Resolved by the Senate and Assembly of the and Representative from California in the of Staff, the Chief of Naval Operations, the State of California, jointly, That the Legisla- Congress of the United States. Marine Commandant, and the Commissary ture of the State of California urges the Operating Board. President of the United States and Congress POM–315. A joint resolution adopted by the to take the necessary action to ensure the Legislature of the State of California rel- POM–316. A joint resolution adopted by the rights of women and girls in Afghanistan are ative to an Orange County commissary; to Legislature of the State of California rel- not systematically violated, and urges a the Committee on Armed Services. ative to the Older Americans Act of 1965; to peaceful resolution to the situation in Af- SENATE JOINT RESOLUTION NO. 9 the Committee on Health, Education, Labor, ghanistan that restores the human rights of and Pensions. Whereas, The federal military base realign- Afghan women and girls; and be it further ment and closure (BRAC) process will lead to SENATE JOINT RESOLUTION NO. 10 Resolved, That the Secretary of the Senate the closing of the United States Marine Whereas, the federal Older Americans Act transmit copies of this resolution to the Corps Air Station (MCAS) at El Toro, Cali- of 1965 (42 U.S.C. Sec. 3001 et seq.) expired in Speaker of the House of Representatives, to fornia, in June 1999, and the impending clo- October 1995, although funding for its pro- each Senator and Representative from Cali- sure of its commissary in September 2000; grams has been authorized since that date on fornia in the Congress of the United States, and an annual basis; and to the Secretary of State of the United Whereas, Over 1,000 active duty military Whereas, The congressional appropriations States, to the President of the United personnel from all services will remain in staff continue to stress the tight spending States, and to the Secretary General of the the vicinity of MCAS at El Toro after the caps on discretionary programs imposed by United Nations. base closes; and the Balanced Budget Act of 1997 (Public Law Whereas, Over 120,000 military retirees re- 105–33); and POM–314. A joint resolution adopted by the side in the Orange County vicinity of MCAS Whereas, A substantial number of seniors Legislature of the State of California rel- at El Toro and are active customers of the living in the State of California will be at ative to the main San Gabriel groundwater commissary located there; and risk if there are significant reductions in al- basin; to the Committee on Appropriations. Whereas, The active duty military per- located funds for Older Americans Act pro- SENATE JOINT RESOLUTION NO. 8 sonnel, members of the National Guard and grams; and Whereas, The Main San Gabriel Ground- reserves, and military retirees presently en- Whereas, Further delay in the reauthoriza- water Basin is the principal source of drink- titled to commissary privileges at MCAS at tion of the federal Older Americans Act of ing water for approximately 1.4 million peo- El Toro will suffer from a decreased quality 1965 will erode the capacity of the act’s var- ple who live in southern California; and of life and increased financial burdens if the ious structures to deliver services to meet Whereas, The economy of the San Gabriel commissary is closed; and the needs of older Americans; and Valley is dependent upon the availability of Whereas, The closure of the commissary Whereas, The federal Older Americans Act a safe, reliable source of water for the resi- will eliminate over 100 jobs; and of 1965 should immediately be reauthorized dents and businesses in the region; and Whereas, The closest alternative com- to preserve the aging network’s role in Whereas, The groundwater supply in the missaries are: March Air Force Base, River- home- and community-based services, main- Main San Gabriel Groundwater Basin is con- side, approximately 90 miles round-trip from tain the advocacy and consumer directed taminated by both volatile organic com- El Toro; Camp Pendleton, United States Ma- focus on the act, and give area agencies on pounds and inorganic chemicals, including rine Corps, Oceanside, approximately 110 aging increased flexibility in planning and perchlorate, that can be dangerous to human miles round-trip from El Toro; and Los An- delivering services to vulnerable older Amer- health, and geles Air Force Base, El Segundo, approxi- icans; and Whereas, The presence of perchlorate con- mately 80 miles round-trip from El Toro; and Whereas, the federal Older Americans Act tamination is directly associated with the Whereas, These alternative locations pose of 1965 should be funded in the same manner production of solid rocket fuels and explo- a substantial hardship by requiring travel in which the act has been funded for the past sives related to the defense and national se- from one to two hours to use these facilities; 33 years; now, therefore, be it curity of the United States of America; and and Resolved by the Senate and the Assembly of Whereas, The contaminated groundwater Whereas, Four other bases in the State of the State of California, jointly, That the Legis- in the Main San Gabriel Groundwater Basin California, March Air Force Base, Fort Ord, lature of the State of California respectfully is now spreading toward Los Angeles Coun- the Presidio of San Francisco, and McClellan memorializes the President and the Congress ty’s Central Groundwater Basin; and Air Force Base, have been closed, but their of the United States to enact legislation that Whereas, The spreading of contaminated exchange and commissary facilities have re- would reauthorize the federal Older Ameri- groundwater into the massive Central mained open; and cans Act of 1965 without further delay; and Groundwater Basin will adversely affect the Whereas, United States Senators, Barbara be it further drinking water of over half of Los Angeles Boxer and Dianne Feinstein; United States Resolved, That the Secretary of the Senate County; and Representatives, Christopher Cox, Gary Mil- transmit copies of this resolution to the Whereas, The health and economy of the ler, Ed Royce, and Loretta Sanchez; State President and Vice President of the United entire southern California region may be Senators, Joe Dunn, Ross Johnson, John States, to the Speaker of the House of Rep- devastated by the continued presence and Lewis, and Bill Morrow; Assembly Members, resentatives, and to each Senator and Rep- possible spreading of contaminated ground- Dick Ackerman, Pat Bates, Scott Baugh, resentative from California in the Congress water; and Marilyn Brewer, Bill Campbell, Lou Correa, of the United States. Whereas, Perchlorate contamination of and Ken Maddox; and the Orange County drinking water is a serious health-related Board of Supervisors, as the Local Redevel- POM–317. A joint resolution adopted by the problem in other areas of the United States opment Authority (LRA), whose members Legislature of the State of California rel- outside southern California; and are Cynthia Coad, James Silva, Charles ative to housing; to the Committee on Bank- Whereas, The application of treatment Smith, Todd Spitzer, and Thomas Wilson, all ing, Housing, and Urban Affairs. technology in the Main San Gabriel Ground- support the continued operation of the com- SENATE JOINT RESOLUTION NO. 12 water Basin may be used as a model for areas missary after base closure and have so peti- Whereas, There are 240,000 people in Cali- in the United States with similar contamina- tioned the United States Secretary of De- fornia residing in federally assisted project- tion problems; and fense; now, therefore, be it based Section 8 housing units. Forty-four Whereas, All stakeholders affected by the Resolved by the Senate and Assembly of the percent of Section 8 residents are elderly, contaminated groundwater have joined to- State of California, jointly, That the Legisla- and the median income of Section 8 residents gether to support a comprehensive plan to ture of the State of California respectfully is $9,300. Without Section 8 and comparable treat the contaminated groundwater and re- requests the President and Congress of the assistance, many of these households will be- claim the Main San Gabriel Groundwater United States, the Secretary of Defense, the come homeless; and Basin for the storage of a safe, reliable Chairpersons of the Joint Chiefs of Staff, the Whereas, The Department of Housing and drinking water source; now, therefore, be it Chief of Naval Operations, and the Marine Urban Development (HUD) has typically pro- Resolved by the Senate and Assembly of the Commandant to take immediate action to vided all capital and operating subsidies for State of California, jointly, That the Legisla- authorize the continued operation of a com- public housing. In 1974 Congress created the ture respectfully memorializes the President missary in Orange County after the closure new housing production program known as and Congress of the United States to enact of the United States Marine Corps Air Sta- the Section 8 New Construction and Substan- legislation to make available necessary tion at El Toro; and be it further, tial Rehabilitation Program, under which funds to implement groundwater remedi- Resolved, That the Secretary of the Senate HUD typically provided a 20-year commit- ation in the Main San Gabriel Groundwater transmit copies of this resolution to the ment for rental subsidies that assured own- Basin; and be it further President and Vice President of the United ers a specified level of rental income; and Resolved, That the Secretary of the Senate States, the Speaker of the United States Whereas, Property owners may convert transmit copies of this resolution to the House of Representatives, each Senator and their properties to market-based housing

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10608 CONGRESSIONAL RECORD — SENATE September 8, 1999 when their Section 8 contracts expire with fered disproportionately, compared to other units of the United States Army prior to Oc- HUD. Dramatic rent increases occurring in a states, by base closures in 1988, 1991, 1993, and tober 6, 1945. number of housing markets in this state 1995; and (3) Special Philippine Scouts, called ‘‘New have already inspired many property owners Whereas, California shouldered 60 percent Scouts,’’ who enlisted in the United States to opt out of Section 8 subsidies, thus elimi- of the net cuts in military personnel as a re- Armed Forces between October 6, 1945, and nating vast resources for low-income housing sult of those base closures, despite the fact June 30, 1947, primarily to perform occupa- and potentially increasing levels of home- that the state had just 15 percent of military tion duty in the Pacific following World War lessness throughout the state. In California, personnel before the cuts began; and II. owners of approximately 10,500 formerly af- Whereas, California suffered the closure or (4) Members of the Philippine Common- fordable HUD units have converted to mar- realignment of 29 bases, losing more than wealth Army who on July 26, 1941, were ket rate use in the past two years; and 186,000 jobs and almost $9.6 billion in eco- called into the service of the United States Whereas, Every county in California has nomic activity; now, therefore, be it Armed Forces. This group includes organized buildings with project-based Section 8 units, Resolved by the Senate and Assembly of the guerrilla resistance units that were recog- and will be severely affected by the loss of State of California, jointly, That the California nized by the United States Army; and affordable units. The largest concentrations Legislature respectfully memorializes Con- Whereas, The first two groups, Filipinos are in Los Angeles County, the San Fran- gress and the President of the United States who served in the regular components of the cisco Bay Area, San Diego, and Sacramento; to enact legislation to transfer former mili- United States Army and Old Scouts, are con- and tary base property to local communities at sidered United States veterans and are gen- Whereas, Recent federal housing policy and no cost if the local communities use the erally entitled to the full range of United budget decisions have led to uncertainty property for job-generating economic devel- States veterans’ benefits; and over the current federally assisted housing opment, and to forgive lease payments for Whereas, The other two groups, New inventory in California. Those decisions will communities that have already entered into Scouts and members of the Philippine Com- place increasing demands on the financial agreements with the Department of Defense; monwealth Army, are eligible for certain and administrative resources of the state to and be it further benefits, and some of these benefits are paid maintain that housing inventory; and Resolved, That the Secretary of the Senate at lower than full rates. United States vet- Whereas, The federal fiscal year 1999 budg- transmit copies of this resolution to the erans’ medical benefits for the four groups of et provides insufficient funding to preserve President and Vice President of the United Filipino veterans vary depending upon most of the below market housing stock; and States, Speaker of the House of Representa- whether the person resides in the United Whereas, The federal fiscal year 2000 budg- tives, and each Senator and Representative States or the Philippines; and et will need $1.3 billion in additional budget from California in the Congress of the United Whereas, The Old Scouts were created in authority to fund all contract extensions on States. 1901 pursuant to the act of February 2, 1901, current Section 8 projects. HUD’s initiative that authorized the President of the United to provide $100 million to increase contract POM–319. A joint resolution adopted by the States ‘‘to enlist natives [of the Philippines] rents at below market properties was re- Legislature of the State of California rel- . . . for service in the Army, to be organized jected by the Office of Management and ative to Filipino veterans’ benefits; to the as scouts . . . or as troops or companies, as Budget; now, therefore, be it Committee on Veterans’ Affairs. authorized by this Act, for the regular Resolved by the Senate and Assembly of the SENATE JOINT RESOLUTION NO. 6 Army’’; and State of California, jointly, That the Legisla- Whereas, The Philippine Islands became a Whereas, Prior to World War II, these ture of the State of California memorializes United States possession in 1898 when they troops assisted in the maintenance of domes- the President and Congress of the United were ceded from Spain following the Span- tic order in the Philippines and served as a States and the Department of Housing and ish-American War and remained a possession combat-ready force to defend the Philippine Urban Development to establish policies and of the United States until 1946; and Islands against foreign invasion; and funding priorities that will ensure the pres- Whereas, In 1934, Congress passed Public Whereas, During the war, they participated ervation of the inventory of federally as- Law 73–127, the Philippine Independence Act, in the defense and retaking of the islands sisted housing in California; and be it further that set a 10-year timetable for the eventual from Japanese occupation. The eligibility of Resolved, That the Secretary of the Senate independence of the Philippines and in the Old Scouts for benefits based on military transmit copies of this resolution to the interim established a Commonwealth of the service in the United States Armed Forces, President and Vice President of the United Philippines with certain powers over its in- including veterans’ benefits, has long been States, to the Speaker of the House of Rep- ternal affairs; and established; and resentatives, to each Senator and Represent- Whereas, The granting of full independence Whereas, The United States Department of ative from California in the Congress of the ultimately was delayed for two years until Veterans Affairs operates a comprehensive United States, and to the Secretary of the 1946 because of the Japanese occupation of program of veterans’ benefits in the Republic Department of Housing and Urban Develop- the islands from 1942 to 1945; and of the Philippines, including the operation of ment. Whereas, During the interval between 1934 a United States Department of Veterans Af- and the final independence in 1946, the fairs office in Manila; and POM–318. A joint resolution adopted by the United States retained certain sovereign Whereas, The United States Department of Legislature of the State of California rel- powers over the Philippines, including the Veterans Affairs does not operate a program ative to former military base property; to right, upon order of the President of the of this type in any other country; and the Committee on Armed Services. United States, to call into the service of the Whereas, The program in the Philippines United States Armed Forces all military evolved because the Philippines were a SENATE JOINT RESOLUTION NO. 13 forces organized by the Commonwealth gov- United States possession during the period Whereas, The President of the United ernment; and 1898–1946, and many Filipinos have served in States and the Secretary of Defense have an- Whereas, President Roosevelt invoked this the United States Armed Forces, and be- nounced that they will ask Congress for the authority by Executive order of July 26, 1941, cause the preindependence Commonwealth authority to transfer former military base bringing the Philippine Commonwealth Army of the Philippines was called into the property to local communities at no cost if Army into the service of the United States service of the United States Armed Forces the local communities use the property for Armed Forces of the Far East under the during World War II (1941–1945); and job-generating economic development; and command of Lieutenant General Douglas Whereas, Our nation, however, has failed Whereas, These no-cost economic develop- MacArthur; and to meet the promise made to those Filipino ment conveyances would minimize time-con- Whereas, Two hundred thousand Filipino soldiers who fought as American soldiers suming property appraisals and negotiations, soldiers, driven by a sense of honor and dig- during World War II; and thereby speeding property transfers and nity, battled under United States Command Whereas, Many Filipino veterans have been reuse of these properties, and reducing the after 1941 to preserve our liberty; and discriminated against by the classification Department of Defense’s costs to maintain Whereas, Filipino gallantly served at Ba- of their service as not being service rendered and operate excess property; and taan and Corregidor, giving their toil, blood, in the United States Armed Forces for pur- Whereas, The Department of Defense is or- and lives so as to provide the United States poses of benefits from the United States De- ganizing a base-reuse ‘‘Red Team’’ to develop valuable time to rearm materiel and men to partment of Veterans Affairs; and plans to implement the new economic devel- launch the counteroffensive in the Pacific Whereas, All other nationals, even for- opment conveyances, with an emphasis on a war; and eigners, who served in the United States rapid and smooth transition of property to Whereas, There are four groups of Filipino Armed Forces have been recognized and productive reuse; and nationals who are entitled to all or some of granted full rights and benefits, but the Fili- Whereas, Proposed federal legislation the benefits to which United States veterans pinos who actually were American nationals would forgive lease payments for commu- are entitled. These are: at that time were and are still denied rec- nities that have already entered into agree- (1) Filipinos who served in the regular ognition and singled out for exclusion, and ments with the Department of Defense, in- components of the United States Armed this treatment is unfair and discriminatory; cluding communities in California; and Forces. and Whereas, This proposed legislation would (2) Regular Philippine Scouts, called ‘‘Old Whereas, On October 20, 1996, President benefit the State of California, which suf- Scouts,’’ who enlisted in Filipino-manned Clinton issued a proclamation honoring the

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10609 nearly 100,000 Filipino veterans of World War President and Vice President of the United land area, and the range and its restricted II, soldiers of the Philippine Commonwealth States, to the Speaker of the House of Rep- airspace in conjunction with the White Army, who fought as a component of the resentatives, and to each Senator and Rep- Sands Missile Range, is crucial to the devel- United States Armed Forces alongside Allied resentative from California in the Congress opment and testing of the Army Tactical Forces for four long years to defend and re- of the United States. Missile System and the Theater High Alti- claim the Philippine Islands, and thousands POM–321. A joint resolution adopted by the tude Area Defense System; and more who joined the United States Armed Legislature of the State of Colorado relative Whereas, The high quality and unique Forces after the war; now, therefore, be it to the Federal Unified Gift and Estate Tax; training capabilities of the McGregor Range Resolved by the Senate and Assembly of the to the Committee on Finance. allow the verification of our military readi- State of California, jointly, That the Legisla- SENATE JOINT MEMORIAL 99–004 ness in air-to-ground combat, including the Army’s only opportunity to test the Patriot ture of the State of California respectfully Whereas, The Federal Unified Gift and Es- missile in live fire, tactical scenarios, as well memorializes the President and Congress of tate Tax, or ‘‘Death Tax’’, generates a mini- as execute the ‘‘Roving Sands’’ joint training the United States to take action necessary mal amount of federal revenue, especially exercises held annually at Fort Bliss; and to honor our country’s moral obligation to considering the high cost of collection and provide Filipino veterans with the military Whereas, The Military Lands Withdrawal compliance and in fact has been shown to de- Act of 1986 requires that the withdrawal from benefits that they deserve, including, but not crease federal revenues from what they limited to, holding related hearings, and act- public use of all military land governed by might otherwise have been; and the Army, including McGregor Range, must ing favorably on legislation pertaining to Whereas, This federal Death Tax has been be terminated on November 6, 2001, unless granting full veterans’ benefits to Filipino identified as destructive to job opportunity such withdrawal is renewed by an Act of veterans of the United States Armed Forces; and expansion, especially to minority entre- Congress: now, therefore be it and be it further preneurs and family farmers; and Resolved, That the Secretary of the Senate Resolved, That the 76th Legislature of the Whereas, This federal Death Tax causes se- State of Texas hereby support the U.S. Con- transmit copies of this resolution to the vere hardship to growing family businesses President and Vice President of the United gress in ensuring that the critical infrastruc- and family farming operations, often to the ture for the U.S. military defense strategy be States, to the Speaker of the House of Rep- point of partial or complete forced liquida- resentatives, and to each Senator and Rep- maintained through the renewal of the with- tion; and drawal from public use of the McGregor resentative from California in the Congress Whereas, Critical state and local leader- of the United States. Range land beyond 2001, and, be it further ship assets are unnecessarily destroyed and Resolved, That the Texas secretary of state POM–320. A joint resolution adopted by the forever lost to the future detriment of their Legislature of the State of California rel- forward official copies of this resolution to communities through relocation or liquida- the president of the United States, to the ative to the safe return of prisoners of war tion; and captured by Yugoslav armed forces in Mac- speaker of the house of representatives and Whereas, Local and state schools, church- the president of the senate of the United edonia; to the Committee on Foreign Rela- es, and numerous charitable organizations tions. States Congress, and to all the members of would greatly benefit from the increased em- the Texas delegation to the congress with SENATE JOINT RESOLUTION NO. 11 ployment and continued family business the request that this resolution be officially leadership that would result from the repeal Whereas, California stands behind our entered into the CONGRESSIONAL RECORD as a armed forces whenever soldiers are in harm’s of the federal Death Tax; now, therefore, memorial to the Congress of the United Be It Resolved by the Senate of the Sixty-sec- way in the name of freedom and liberty; and States of America. Whereas, Many valiant Californians join ond General Assembly of the State of Colorado, POM–323. A concurrent resolution adopted the United States Armed Forces to uphold the House of Representatives concurring herein: by the Legislature of the State of Texas rel- freedom and liberty throughout the world; That the Congress of the United States is ative to the Texas Gulf Coast; to the Com- and hereby memorialized to immediately repeal mittee on Energy and Natural Resources. the Federal Unified Gift and Estate Tax. Whereas, One such brave individual, Staff HOUSE CONCURRENT RESOLUTION Sergeant Andrew A. Ramirez, exemplifies Be It Further Resolved, That copies of this Joint Memorial be sent to the President of Whereas, One of Texas’ richest and most the best qualities of California’s commit- diverse areas is that of the Gulf Coast; the ment to freedom and liberty; and the United States, the Speaker of the United States House of Representatives, the Presi- Coastal Bend abounds with treasures for all, Whereas, Staff Sergeant Andrew A. Rami- and every year thousands of visitors flock to rez was taken prisoner by Yugoslav Armed dent of the United States Senate, and each member of the Colorado congressional dele- its beaches and wetlands to enjoy the sun, Forces while he, Staff Sergeant Christopher fish the waters, appreciate its unique sce- Stone, and Specialist Steven Gonzales were gation. POM–322. A concurrent resolution adopted nery and wildlife, and bolster their spirits on a peace mission in Macedonia; and simply by being near such awe-inspiring Whereas, Staff Sergeant Andrew A. Rami- by the Legislature of the State of Texas rel- ative to McGregor Range, Fort Bliss, TX; to beauty; and rez originates from East Los Angeles in the Whereas, In addition to $7 billion per year 24th Senate District; and the Committee on Energy and Natural Re- sources. generated by coastal tourism, the area is Whereas, Staff Sergeant Andrew A. Rami- also home to half of the nation’s petro- HOUSE CONCURRENT RESOLUTION NO. 133 rez joined the United States Army in July chemical industry and over a quarter of its 1992 and is a cavalry scout in B Troop of the Whereas, Future military threats to the petroleum refining capacity; and Fourth Cavalry of the First Infantry Divi- United States and its allies may come from Whereas, Coastal tourism, the petro- sion who was stationed in Schweinfurt, Ger- technologically advanced rogue states that chemical and petroleum industries, a robust many, prior to deployment in Macedonia; for the first time are armed with long-range commercial and recreational fishing trade, and missiles capable of delivering nuclear, chem- and significant agricultural production Whereas, Communities in California and ical, or biological weapons to an increasingly make this region a vital economic and nat- especially East Los Angeles anxiously await wider range of countries; and ural resource for both the state and the na- the safe release of Staff Sergeant Andrew A. Whereas, The U.S. military strategy re- tion; and Ramirez, Staff Sergeant Christopher Stone, quires flexible and strong armed forces that Whereas, Like other coastal states located and Specialist Steven Gonzales captured by are well-trained, well-equipped, and ready to near offshore drilling activities, Texas pro- the Yugoslav Armed Forces; now, therefore, defend our nation’s interests against these vides workers, equipment, and ports of entry be it devastating weapons of mass destruction; for oil and natural gas mined offshore; while Resolved by the Senate and Assembly of the and these states derive numerous benefits from State of California, jointly, That the Legisla- Whereas, Previous rounds of military base the offshore drilling industry, they also face ture of the State of California commend closures combined with the realignment of great risks, such as coastline degradation Staff Sergeant Andrew A. Ramirez, Staff the Department of the Army force structure and spill disasters, as well as the loss of non- Sergeant Christopher Stone, and Specialist has established Fort Bliss as the Army’s Air renewable natural resources; and Steven Gonzales for courageously executing Defense Artillery Center of Excellence, thus Whereas, Although state and local authori- their duties as members of the United States making McGregor Range, which is a part of ties have worked diligently to conserve and Armed Forces; and be it further Fort Bliss, the nation’s principal training fa- protect coastal resources, securing the funds Resolved, That the Legislature respectfully cility for air defense systems; and needed to maintain air and water quality urges the President of the United States and Wheares, McGregor Range is inextricably and to ensure the existence of healthy wet- the United States Congress to do all that is linked to the advanced missile defense test- lands and beaches and protection of wildlife within their power to secure and expedite ing network that includes Fort Bliss and the is a constant challenge; and the safe return of Staff Sergeant Andrew A. White Sands Missile Range, providing, Whereas, The federal Land and Water Con- Ramirez, Staff Sergeant Christopher Stone, verifying, and maintaining the highest level servation fund was established by Congress and Specialist Steven Gonzales captured by of missile defense testing for the Patriot, in 1964 and has been one of the most success- the Yugoslav Armed Forces in Macedonia; Avenger, Stinger, and other advanced missile ful and far-reaching pieces of conservation and be it further defense systems; and and recreation legislation, using as its fund- Resolved, That the Secretary of the Senate Whereas, The McGregor Range comprises ing source the revenues from oil and gas ac- transmit copies of this resolution to the more than half of the Fort Bliss installation tivity on the Outer Continental Shelf; and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10610 CONGRESSIONAL RECORD — SENATE September 8, 1999 Whereas, The game and nongame wildlife ferring them to another Department of Vet- numbers of city, county, and special district resources of this state are a vital natural re- erans Affairs medical center in San Antonio employees; and source and provide enjoyment and other ben- or, if that is full, to private hospitals in the Whereas, estimates prepared by the Texas efits for current and future generations; and Bexar County area; and Association of Public Employees Retirement Whereas, The federal government has re- Whereas, given the investment in and im- Systems project a cost of at least $6.87 bil- ceived more than $120 billion in offshore provements to the center in the past decade, lion to Texas local government employers, drilling revenue during the past 43 years, these diminutions of service seem both a particularly school districts, and newly hired only five percent of which has been allotted waste of money and federal resources and a workers over the first 10 years of implemen- to the states; it is fair and just that Texas creation of geographic inconvenience for vet- tation; and and other coastal states should receive a erans in Kerr County and surrounding com- Whereas, city and county governments, in dedicated share of the revenue they help gen- munities; order to pay the new federal tax, might have erate; and Whereas, the continued vitality of the no choice but to reduce services such as law Whereas, Several bills are currently before Kerrville Veterans Administration Medical enforcement, fire protection, libraries, pub- the United States Congress that would allo- Center as a first-class hospital is an issue of lic health, programs for senior citizens and cate a portion of federal offshore drilling importance not only to the people of the disabled, parks and recreation, and royalties to coastal states and local commu- Kerrville and the Hill Country region but refuse collection and recycling; and nities for wildlife protection, conservation, also to Texas generally because of its stra- Whereas, school districts would experience and coastal impact projects; and tegic role in meeting the health needs of the a new source of pressure toward increasing Whereas, States and local communities citizens of this state; now, therefore, be it property taxes, and local government retire- know best how to allocate resources to ad- Resolved, That the 76th Legislature of the ment plans generally might need to be re- dress their needs, and block grants will pro- State of Texas hereby respectfully request duced due to the cost imposed by mandatory vide the best means for distributing funds; the Congress of the United States to ensure Social Security coverage; and and the future of the Kerrville Veterans Admin- Whereas, the proposed new tax is a shift of Whereas, These funds would help support istration Medical Center by providing that it a federal burden to local communities to the recipients’ efforts to renew and maintain be fully funded, staffed, and utilized, and by solve a federal problem that our state and their beaches, wetlands, urban waterfronts, restoring and promoting the health rights local governments had no hand in creating, parks, public harbors and fishing piers, and and benefits of the Texas veterans who are and under which there would be no benefit other elements of coastal infrastructure that its prospective patrons; and, be it further paid to Texas workers for more than a gen- are vital to the quality of life and economic Resolved, That the Texas secretary of state eration; now, therefore, be it and environmental well-being of these states forward official copies of this resolution to Resolved, That the 76th Legislature of the and local communities; now, therefore, be it the president of the United States, to the State of Texas hereby memorialize the Con- Resolved, That the 76th Legislature of the speaker of the house of representatives and gress of the United States and urge the State of Texas hereby respectfully urge the the president of the senate of the United President of the United States in the strong- Congress of the United States to pass legisla- States Congress, and to all the members of est possible terms to refrain from the inclu- tion embodying these principles; and, be it the Texas delegation to the congress with sion of mandatory Social Security coverage further the request that this resolution be officially for presently noncovered state and local gov- Resolved, That the Texas secretary of state entered in the Congressional Record as a me- ernment employees in any Social Security forward official copies of this resolution to morial to the Congress of the United States reform legislation; and, be it further Resolved, That the Texas secretary of state the president of the United States, to the of America. forward official copies of this resolution to speaker of the house of representatives and the President of the United States, to the the president of the senate of the United POM–325. A concurrent resolution adopted Speaker of the House of Representatives and States Congress, and to all the members of by the Legislature of the State of Texas rel- the President of the Senate of the United the Texas delegation to the congress with ative to the Social Security Trust Fund; to States Congress, and to all the members of the request that this resolution be officially the Committee on Finance. the Texas delegation to the Congress with entered in the Congressional Record as a me- HOUSE CONCURRENT RESOLUTION NO. 249 the request that this resolution be officially morial to the Congress of the United States Whereas, by 2032, the federal Social Secu- entered in the Congressional Record as a me- of America. rity Trust Fund will likely be unable to meet POM–324. A concurrent resolution adopted morial to the Congress of the United States its obligations, and comprehensive reform is by the Legislature of the State of Texas rel- of America. necessary to ensure its viability both for ative to the Kerrville Veterans Administra- present and future beneficiaries; and POM–326. A concurrent resolution adopted tion Medical Center; to the Committee on Whereas, legislation on the subject is an- by the Legislature of the State of Texas rel- Veteran’s Affairs. ticipated in the 106th Congress, and with the ative to veteran’s benefits; to the Committee HOUSE CONCURRENT RESOLUTION NO. 112 Federal Government searching for avenues on Appropriations. Whereas, the Kerrville Veterans Adminis- to restore solvency to the failing fund, atten- HOUSE CONCURRENT RESOLUTION NO. 141 tration Medical Center, which consistently tion has turned to the option of mandated Whereas, military veterans who have ranks high among Texas-based veterans’ hos- coverage for newly hired employees of pre- served their country honorably and who were pitals, is a ‘‘veteran-friendly’’ facility offer- viously noncovered state and local govern- promised and earned health care and com- ing the very best of medical care and an out- ments; and pensation and pension benefits from the fed- standing corps of affiliated physicians, Whereas, such governments were initially eral government through the Department of nurses, and support personnel; and excluded from Social Security participation Veterans Affairs are now in need of these Whereas, it is a valuable regional resource when the system was established in 1935, as benefits due to advancing age; and and a comfort to the many thousands of it was considered unconstitutional for the Whereas, the proposed budget for the De- military retirees who have settled in the Federal Government to tax counterpart gov- partment of Veterans Affairs Veterans Texas Hill Country both for the allure of ernments at the state and local levels; and Health Administration has for the fourth those environs and the close proximity in Whereas, consequently, Texas state and consecutive year proposed a straight-line their older age to the expertise of highly local governments established independent budget for veterans health care that falls qualified health practitioners; and retirement plans to meet the needs of their short of the needed funds to counter soaring Whereas, the Kerrville institution has a employees, and local government participa- medical care inflation and other costs asso- long and successful history; begun in 1919, it tion in Social Security remains optional, al- ciated with the aging veterans population; opened its doors two years later after fund- though state employees are now covered by and raising by the American Legion and appro- both Social Security and state retirement Whereas, the proposed budget calls for the priations from the 37th Legislature; the fed- plans; and elimination of nearly 8,000 full-time employ- eral government bought the facility from the Whereas, mandating coverage on newly ees from veterans health care, which further state in 1926, eventually to incorporate it hired employees of previously noncovered threatens veterans health care service by within the Veterans Affairs Medical Center governments, according to the Social Secu- placing a greater strain on patient services System; and rity Advisory Council, would extend the sol- and further endangers the quality of care for Whereas, over the last 10 years, the U.S. vency of the Social Security Trust Fund by the sick and disabled veterans of this nation; Department of Veterans Affairs has spent al- a mere two years; and and most $20 million upgrading the center, in- Whereas, such mandated coverage would Whereas, the processing of claims for serv- stalling the most modern equipment and en- result in a tax increase of 6.2 percent each ice-connected compensation and pension hancing its ability to treat and attend our for local government employees and local benefits by the Department of Veterans Af- veterans in a manner reciprocating their government employers, for a combined tax fairs Veterans Benefits Administration has service in behalf of this nation; and increase of 12.4 percent; and also suffered from inadequate budgets result- Whereas, absent a policy reversal, the cen- Whereas, there currently are over 562,000 ing in backlogs in claims processing ranging ter will be phased out for extended hospital noncovered public employees in Texas, in- in the hundreds of thousands; and care by May 1999, and will keep intensive cluding public school teachers and adminis- Whereas, the substantial backlog of serv- care patients for only 24 hours before trans- trators, public safety officers, and large ice-connected compensation and pension

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10611 claims by the Veterans Benefits Administra- the share of federal transportation dollars Whereas, scholarship opportunities are an tion has been a serious and persistent prob- that states are eligible to receive; and important way that educational institutions lem resulting in extended waits for veterans Whereas, the recent surge in the federal meet the needs and interests of student ath- and their families to receive decisions con- transportation fund, spurred by unexpected letics; and cerning application for needed benefits; and gas tax and car sales tax revenues, would Resolved, That the CIF and California high Whereas, it is necessary to enact legisla- mean that states would receive an additional schools and colleges are to be commended for tion to provide funding necessary to properly eight hundred fifty-eight million dollars the progress made already, and to encourage deliver earned health care and compensation ($858,000,000) above and beyond the amount of further efforts by all to meet the challenge and pension benefits to the aging veterans funds that was expected under last year’s of equality in sports and the greatest fulfill- population of our nation; now, therefore, be agreement; and ment of the hopes and dreams of girls and it Whereas, California’s share of that trans- women in our school; and be it further Resolved, That the 76th Legislature of the portation fund surplus would be one hundred Resolved, That programs and projects that State of Texas hereby respectfully urge the twenty-one million dollars ($121,000,000) in emphasize girls’ and women’s confidence Congress of the United States to maintain additional funds under the TEA–21 formulas, building through fitness and physical chal- its commitment to the veterans of America which funds could be used for much needed lenges in sports and outdoor adventure, such and their families by providing sufficient transportation projects; and as the Women’s Sports Foundation, Girl funding to the Department of Veterans Af- Whereas, the United States Department of Teams Adventure Training, Okinawan Ka- fairs to address the above concerns; and, be Transportation has proposed diverting the rate, and the 50’s Plus Fitness Association, it further eight hundred fifty-eight million dollar sur- be commended for their positive impact in Resolved, that the Texas secretary of state plus to federal programs; and carrying forward the fitness message for forward official copies of this resolution to Whereas, State and local governments are girls and women; and be it further the president of the United States, the presi- best qualified to evaluate the specific trans- Resolved, That parents, families, busi- dent of the senate and speaker of the house portation needs of their state local area; and nesses, women athletes who serve as positive of representatives of the United States Con- Whereas, the additional federal transpor- role models, and all others who have contrib- gress, and all members of the Texas delega- tation funds could be used for projects such uted to girls’ and women’s leadership and tion to the congress with the request that as road construction, reduction of traffic team player skills through sports and fitness this resolution be officially entered in the congestion, and air quality improvements; activities are to be commended; and be it Congressional Record as a memorial to the now, therefore, be it further Congress of the United States of America. Resolved by the Assembly and Senate of the Resolved, That the Legislature of the State State of California, jointly, That the Legisla- of California, on June 23, 1999, commemo- POM–327. A resolution adopted by the ture urges the Congress and the President of rates the 27th Anniversary of Title IX, com- Town Board of the Town of North Hemp- the United States to use the framework es- mends the movement toward increased stead, New York relative to the proposed tablished under the Transportation Equity equality and fair treatment of female ath- ‘‘Mandatory Gun Show Background Check Act for the 21st Century when allocating fed- letes, and praises the goals of greater oppor- Act’’; to the Committee on the Judiciary. eral transportation funds to California; and tunities in sports for girls and young women POM–328. A resolution adopted by the be it further in California; and be it further Council of the City of Cincinnati, Ohio rel- Resolved, That the Chief Clerk of the As- Resolved, That the Chief Clerk of the As- ative to the Community Reinvestment Act; sembly transmit copies of this resolution to sembly transmit copies of this resolution to to the Committee on Banking, Housing, and the President and Vice President of the the President and Vice President of the Urban Affairs. United States, to the Speaker of the House United States, the Speaker of the House of POM–329. A resolution adopted by the of Representatives, and to each Senator and Representatives, and each Senator and Rep- International Association of Official Human Representative from California in the Con- resentative from California in the Congress Rights Agencies relative to the Federal Fair gress of the United States. of the United States. Housing Act; to the Committee on Appro- priations. POM–338. A joint resolution adopted by the POM–339. A joint resolution adopted by the POM–330. A resolution adopted by the Na- Legislature of the State of California rel- Legislature of the State of California rel- tional Conference of Insurance Legislators ative to women in sports; to the Committee ative to poisonous and noxious weeds; to the relative to multiple employer welfare ar- on Health, Education, Labor, and Pensions. Committee on Governmental Affairs. rangements and association health plans; to ASSEMBLY JOINT RESOLUTION NO. 20 ASSEMBLY JOINT RESOLUTION NO. 4 the Committee on Health, Education, Labor, Whereas, when the California Inter- Whereas, poisonous and noxious weeds are and Pensions. scholastic Federation (CIF) was formed in spreading throughout the State of California POM–331. A resolution adopted by the Na- 1914, girls’ physical education did not include due to the use of straw for soil-erosion con- tional Conference of Lieutenant Governors interscholastic sports teams; and trol and road construction by California relative to the Visa Waiver Pilot Program; Whereas, in 1964, the CIF Federated Coun- agencies, such as the Department of Trans- to the Committee on the Judiciary. cil adopted a set of bylaws for girls’ inter- portation (CALTRANS), the Department of POM–332. A resolution adopted by the Pan scholastic sports that stated that schools Fish and Game, and the Department of For- Macedonian Association, Inc. relative to the and school districts may organize girls’ estry and Fire Protection, by federal agen- ‘‘Macedonia’’ name issue; to the Committee sports teams; and cies, such as the United States Forest Serv- on Foreign Relations. Whereas, by the 1967–68 school year, almost ice and the United States Bureau of Land POM–333. A resolution adopted by the Pan half of California’s secondary schools con- Management, and by other federal, state, Macedonian Association, Inc. relative to de- ducted CIF girls’ interscholastic athletic and county agencies; and velopments in the Balkans; to the Com- program of some degree; and Whereas, the grazing capacity of animals, mittee on Foreign Relations. Whereas, in 1972, the United States Con- wildlife habitat, and native plant species is POM–334. A petition from a citizen of the gress enacted Title IX of the Education being destroyed through the use of straw for State of Minnesota relative to the human Amendments of 1972; and these purposes; and rights of Eritreans in Ethiopia; to the com- Whereas, title IX of the Education Amend- Whereas, it is in the best interest of the mittee on Foreign Relations. ments of 1972 (hereafter Title IX) states, in state for these agencies to use materials that POM–335. A resolution adopted by the part, as follows: ‘‘No person in the United are not detrimental to our wildlife, domestic Council of the City of Naples, Florida rel- States shall, on the basis of sex, be excluded animals, and plant species; and ative to the Kosovo situation; to the Com- from participation in, be denied the benefits Whereas, California-grown rice straw is mittee on Foreign Relations. of, or be subjected to discrimination under produced in an aquatic environment and can- POM–336. A resolution adopted by the Pa- any education program or activity receiving not coexist with the yellow star thistle and cific Fishery Management Council relative Federal financial assistance . . . .’’; and other terrestrial noxious weeds of concern; to the recovery of wild Snake River salmon Whereas, prior to the enactment of Title now, therefore, be it and steelhead; to the Committee on Environ- IX, many schools refused to admit girls and Resolved by the Assembly and Senate of the ment and Public works. women to, or imposed strict limits on their State of California, Jointly, That the Legisla- POM–337. A joint resolution adopted by the participation in, a wide range of sports; and ture of the State of California respectfully Legislature of the State of California rel- Whereas, since the enactment of Title IX, memorializes all government agencies, par- ative to federal transportation funds; to the the participation and interest of girls and ticularly the United States Forest Service, Committee on Environment and Public women in sports has soared. Only 300,000 the United States Bureau of Land Manage- Works. girls participated in California high school ment, CALTRANS, the Department of Fish ASSEMBLY JOINT RESOLUTION NO. 6 sports prior to Title IX; today the number is and Game, and the Department of Forestry Whereas, the allocation of federal trans- in excess of 2.37 million; and and Fire Protection, to abstain from using portation funds was reformed under the fed- Whereas, title IX governs overall equity of nonnative plant material and encourage the eral Transportation Equity Act for the 21st opportunity in athletics, including areas use of weed-free straw or California-grown Century (P.L. 105–178), commonly known as such as equipment and supplies, travel, sup- rice straw in any of their programs within TEA–21, in a manner that greatly increases port services, and scholarships; and California; and be it further

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10612 CONGRESSIONAL RECORD — SENATE September 8, 1999 Resolved, That the Chief Clerk of the As- REPORTS OF COMMITTEES Act of 1966 to promote identification of chil- sembly transmit copies of this resolution to The following reports of committees dren eligible for benefits under, and enroll- the President and Vice President of the ment of children in, the medicaid and State United States, each Senator and Representa- were submitted: Children’s Health Insurance programs; to the tive from California in the Congress of the By Mr. CAMPBELL, from the Committee Committee on Agriculture, Nutrition, and United States, the United States Forest on Indian Affairs, with an amendment: Forestry. S. 299. A bill to elevate the position of Di- Service, and the United States Bureau of By Mr. LOTT (for himself and Mr. rector of the Indian Health Service within Land Management, and to the Director of COVERDELL): the Department of Health and Human Serv- Transportation, the Director of Fish and S.J. Res. 33. A joint resolution deploring ices to Assistant Secretary for Indian Game, and the Director of Forestry and Fire the actions of President Clinton regarding Health, and for other purposes (Rept. No. Protection. granting clemency to FALN terrorists; read 106–148). the first time. POM–340. A joint resolution adopted by the By Mr. CAMPBELL, from the Committee Legislature of the State of California rel- on Indian Affairs, with an amendment in the ative to cold storms in California; to the nature of a substitute: f Committee on Environment and Public S. 401. A bill to provide for business devel- Works. opment and trade promotion for native SUBMISSION OF CONCURRENT AND Whereas, the cold storms and consequent Americans, and for other purposes (Rept. No. SENATE RESOLUTIONS frost damage that occurred in this state dur- 106–149). ing December 1998 have affected virtually S. 613. A bill to encourage Indian economic The following concurrent resolutions every geographic area of the state; and development, to provide for the disclosure of and Senate resolutions were read, and Whereas, small businesses and farming en- Indian tribal sovereign immunity in con- referred (or acted upon), as indicated: tities have suffered actual physical damage tracts involving Indian tribes, and for other and significant economic losses; and purposes (Rept. No. 106–150). By Mr. BIDEN: Whereas, the residents of this state have S. 614. A bill to provide for regulatory re- S. Res. 179. A resolution designating Octo- suffered substantial losses as a result of the form in order to encourage investment, busi- ber 15, 1999, as ‘‘National Mammography cold storms and frost damage and have fi- ness, and economic development with re- Day’’; to the Committee on the Judiciary. nancial and practical needs equal to or spect to activities conducted on Indian lands By Mr. BAUCUS: greater than other areas that have been de- (Rept. No. 106–151). S. Con. Res. 55. A concurrent resolution es- clared as federal natural disaster areas; now, S. 406. A bill to amend the Indian Health tablishing objectives for the next round of therefore, be it Care Improvement Act to make permanent multilateral trade negotiations; to the Com- Resolved by the Assembly and Senate of the the demonstration program that allows for mittee on Finance. State of California, jointly, That the legisla- direct billing of medicare, medicaid, and ture of the State of California hereby re- other third party payors, and to expand the f spectfully memorializes the President of the eligibility under such program to other United States to declare the affected por- tribes and tribal organizations (Rept. No. STATEMENTS ON INTRODUCED tions of California as a federal natural dis- 106–152). aster areas as a result of the cold storms and By Mr. BOND, from the Committee on BILLS AND JOINT RESOLUTIONS consequent frost damage that occurred in Small Business, with amendments: By Mr. COVERDELL (for himself December 1998; and be it further S. 1156. A bill to amend provisions of law Resolved, That the Chief Clerk of the As- enacted by the Small Business Regulatory and Mr. CLELAND): sembly transmit copies of this resolution to Enforcement Fairness Act of 1996 to ensure S. 1566. A bill to direct the Adminis- the President and the Vice President of the full analysis of potential impacts on small trator of General Services to convey United States, to the Speaker of the House entities of rules proposed by certain agen- certain land to the United States Post- of Representatives, and each Senator and cies, and for other purposes (Rept. No. 106– al Service, and for other purposes; to Representative from California in the Con- 153). the Committee on Governmental Af- gress of the United States. f fairs. f INTRODUCTION OF BILLS AND THE ST. SIMONS LIGHTHOUSE PRESERVATION REPORTS OF COMMITTEES JOINT RESOLUTIONS ACT SUBMITTED DURING RECESS The following bills and joint resolu- Mr. COVERDELL. Mr. President, I Under the authority of the order of tions were introduced, read the first rise today to introduce legislation that the Senate of August 5, 1999, the fol- and second time by unanimous con- guarantees the future of a great his- lowing reports of committees were sub- sent, and referred as indicated: toric treasure in my state. For nearly mitted on August 27, 1999: By Mr. COVERDELL (for himself and 200 years, the lighthouse at St. Simons By Mr. THOMPSON, from the Committee Mr. CLELAND): Island, Georgia, stood as a sentinel at on Governmental Affairs, without amend- S. 1566. A bill to direct the Administrator the head of St. Simons Sound and guid- ment: of General Services to convey certain land to ed ships safely through dangerous H.R. 457: A bill to amend title 5, United the United States Postal Service, and for States Code, to increase the amount of leave waters and into the port of nearby other purposes; to the Committee on Govern- Brunswick. Although it is no longer time available to a Federal employee in any mental Affairs. year in connection with serving as an organ S. 1567. A bill to designate the United used for this purpose, the lighthouse donor, and for other purposes (Rept. No. 106– States courthouse located at 223 Broad remains an integral part of the St. Si- 143). Street in Albany, Georgia, as the ‘‘C.B. King mons Island community and is part of By Mr. CAMPBELL, from the Committee United States Courthouse’’; to the Com- the rich heritage of this region. Unfor- on Indian Affairs, with an amendment in the mittee on Environment and Public Works. tunately, events could soon take place nature of a substitute: By Mr. FEINGOLD (for himself, Mr. S. 28: A bill to authorize an interpretive which could do irrevocable harm to REED, Mr. LEAHY, Mr. WELLSTONE, center and related visitor facilities within this site. Mrs. BOXER, Mr. KOHL, Mr. KERRY, the Four Corners Monument Tribal Park, In 1961, the United States Postal Mr. KENNEDY, and Mr. TORRICELLI): and for other purposes (Rept. No. 106–144). S. 1568. A bill imposing an immediate sus- Service (USPS) leased part of the light- S. 400: A bill to provide technical correc- pension of assistance to the Government of house property and built a small post tions to the Native American Housing As- Indonesia until the results of the August 30, sistance and Self-Determination Act of 1996, office for the community, which is no 1999, vote in East Timor have implemented, to improve the delivery of housing assistance longer used by the USPS. The lease and for other purposes; to the Committee on to Indian tribes in a manner that recognizes was signed between the USPS and a Foreign Relations. the right of tribal self-governance, and for private citizen, who owned the prop- By Mr. KERRY (for himself and Mr. other purposes (Rept. No. 106–145). erty at the time. This agreement, KENNEDY): By Mr. BOND, from the Committee on which expires in 2011, gives the USPS Small Business, with amendments: S. 1569. A bill to amend the Wild and Sce- S. 1346: A bill to ensure the independence nic Rivers Act to designate segments of the seven options to purchase the land out- and nonpartisan operation of the office of Taunton River in the Commonwealth of Mas- right at a significant discount, with Advocacy of the Small Business Administra- sachusetts for study for potential addition to the next purchase option being in 2001. tion (Rept. No. 106–146). the National Wild and Scenic Rivers System, Since the lease was signed, many By Mr. BOND, from the Committee on and for other purposes; to the Committee on things have changed. In 1984, the title Small Business: Energy and Natural Resources. Special Report entitled ‘‘Summary of Leg- By Mr. LUGAR: to the lighthouse property was trans- islative and Oversight Activities During the S. 1570. A bill to amend the National ferred to the Coastal Georgia Histor- 105th Congress’’ (Rept. No. 106–147). School Lunch Act and the Child Nutrition ical Society, an organization dedicated

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10613 to preserving the lighthouse and Geor- and most economic assistance to the turies. In 1975, less than a year after gia’s coastal heritage. While the CGHS government of Indonesia until the the Portuguese colonial rulers left East holds the title, the lease with the President determines and certifies to Timor, the Indonesian army occupied USPS remains in effect. the Congress that a safe and secure en- East Timor, and it remains there It is very easy to see why many in vironment exists in East Timor which today. For 24 years, the people of East the St. Simons community have grave will allow the East Timorese who have Timor have been subjugated by the In- concerns about the USPS exercising its fled the militia-led violence to return donesian government and harassed by right-to-buy option. The USPS has ex- to their homes, allow the United Na- the Indonesian military. pressed its intent to exercise this op- tions Assistance Mission to East The November 1991 massacre of non- tion and immediately sell the land to a Timor, UNAMET, to resume its man- violent demonstrators in the East commercial developer for a huge profit. date, and allow the results of the Au- Timorese capital of Dili is but one ex- Many area residents do not appreciate gust 30, 1999, referendum on East ample of Indonesia’s repressive occupa- the idea of placing a highrise hotel or Timor’s political status to be fully im- tion of East Timor. Despite the harsh a fast food restaurant next to the his- plemented. rule of the Suharto regime—or maybe toric symbol of their community. At long last, on August 30, the people in spite of it—the people of East Timor The bill I am introducing today seeks of East Timor went to the polls to ex- held on to their hope for self-deter- to rectify this situation by preserving press their will about the future of mination. This dream is personified by the St. Simons Lighthouse without their homeland, choosing between a fu- people such as Nobel Peace Prize win- interfering with the profit maximiza- ture as an autonomous part of Indo- ners Jose Ramos Horta and Bishop Car- tion requirements placed on the USPS. nesia, or as an independent nation. The los Belo, who have worked tirelessly, The St. Simons Lighthouse Preserva- approximately 99 percent voter turnout and at great personal risk, for the lib- tion Act states that the General Serv- in the face of intimidation from the eration of the people of East Timor. ices Administration will locate a suffi- pro-Jakarta militias is a credit to the Following Suharto’s resignation in cient federal property of equal value to dedication and courage of the East 1998, it appeared that some positive the leased property at St. Simons and Timorese people to determine once and changes were on the horizon for the deed it to the USPS. In exchange, the for all their own political status. people of East Timor. This comes after USPS will terminate its lease. Ironically, the day of the ballot was January 27, 1999, President B.J. Habibie Passage of the St. Simons Light- relatively free of violence. But that announced that the government of In- house Preservation Act will ensure was the calm before the storm. After donesia was finally willing to learn— that future generations will be able to the polls closed, the militias began a and respect—the wishes of the people enjoy the Lighthouse and its environs. rampage throughout the territory that in that territory. On May 5, 1999, the I encourage my colleagues to work continues today. At least for UNAMET governments of Indonesia and Portugal with me to ensure quick passage of this workers have been killed and at least signed an agreement to hold a United important legislation. six other are missing. Thousands of Nations-supervised ‘‘consultation’’ on East Timorese have fled their homes, the future of East Timor. By Mr. FEINGOLD (for himself, which are being looted and burned at Before the ink was even dry on this Mr. REED, Mr. LEAHY, Mr. will by the militias. agreement, proJakarta militia WELLSTONE, Mrs. BOXER, Mr. According to some estimates, in the groups—better described as lawless KOHL, Mr. KERRY, Mr. KENNEDY, past week alone, several hundred peo- thugs—began a campaign of terror and and Mr. TORRICELLI): ple have been killed, and more than intimidation against the East Timor- S. 1568. A bill imposing an immediate 30,000 have been forced to flee their ese people aimed at quashing the inde- suspension of assistance to the Govern- homes. Television news reports have pendence movement. And these thugs ment of Indonesia until the results of shown desperate East Timorese citi- operated freely while the Indonesian the August 30, 1999, vote in East Timor zens scaling the razor-sharp barbed military looked the other way, and in have implemented, and for other pur- wire fence surrounding the UNAMET some cases, helped them. poses; to the Committee on Foreign mission in order to escape the auto- In the weeks leading up to the his- Relations. matic weapons of the advancing mili- toric referendum, the militias targeted SUSPENSION OF ASSISTANCE TO THE tias. There have been reports of be- supporters of East Timorese independ- GOVERNMENT OF INDONESIA headings. Nobel Laureate Bishop Car- ence, and members of the UNAMET Mr. FEINGOLD. Mr. President, I rise los Belo and about six thousand East who were in the territory preparing for today, along with a number of my col- Timorese who sought refuge in his the vote. leagues, to introduce a bill in response home in Dili were forced to flee when And now, the implementation of the to the ongoing violence in East Timor. his home was burned to the ground. results of this ballot, an effort which I am outraged at what is going on in Bishop Belo, who has endured years of has already been paid for by the blood East Timor today. The Indonesian gov- intimidation and countless threats on of more than 200,000 East Timorese who ernment clearly has not lived up to its his life, has since fled to Australia. The have been killed since 1975, is being de- commitment to maintain security fol- United Nations is evacuating many of layed by more violence from criminals lowing the recent referendum. In fact its workers and international observ- who cannot accept the defeat they re- it is openly supporting the militia vio- ers. ceived at the polls. lence against the majority of East The result of the ballot, which was Despite his promise to respect the Timorese, who have made clear their announced on September 4, was over- wishes of the East Timorese people, desire for an independent East Timor. whelming—78.5 percent of East Timor- President Habibie has done little to If the Indonesian government cannot, ese voted for independence. This crush- stop the violence. Yesterday, he im- or will not, maintain peace, I believe ing defeat for the pro-Jakarta militias posed martial law in East Timor, but an international peacekeeping mission and their supporters sparked even more this announcement has not ended the is the best option. The United States violence. militia rampage, and the Indonesian and the rest of the international com- Unfortunately, this is just the latest military has done nothing to halt the munity must exercise any and all le- in a wave of violence that has plagued violence. I am concerned that martial verage it has with the Indonesians to East Timor for almost a quarter of a law will only embolden the militias. allow for this contingency. In addition, century. At this point, I would like to The bill which I am introducing the United States provides a great deal recount some of East Timor’s history— today calls on the Indonesian govern- of economic and military assistance to the events that have brought the peo- ment to foster an environment in Indonesia. If the Indonesian govern- ple of that territory to the horrific vio- which the result of the August 30 ref- ment does not take steps to stop the lence that is being unleashed upon erendum can be fully implemented. violence occurring in East Timor, we them as I speak these words. And if the Indonesian government does should suspend these benefits. The East Timorese people have a not take steps to that end, all U.S. For that reason, I am today intro- long history of foreign domination. The military and most economic assistance ducing a bill which cuts off all military Portuguese ruled there for four cen- to Indonesia will be cut off. Period.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10614 CONGRESSIONAL RECORD — SENATE September 8, 1999 For too long, the Congress has al- Timor. There we found 2,000 displaced ship of Indonesia with the world com- lowed military and economic assist- persons huddled in the shadow of a half munity depends fundamentally on ance to be awarded to the government built Catholic church being protected whether or not they will respect their of Indonesia, with few conditions, de- from roving bands of militia, basically own agreement to provide safety and spite its miserable human rights record armed thugs, supported, encouraged, security for the people of East Timor and its deplorable treatment of the and, at times, directed by the Indo- and respect the results of this election. people of East Timor. It is high time nesian military authority. They were I hope they do. If there is coopera- that the Indonesian government learns there not only for protection but also tion, if a United Nations peacekeeping that the U.S. will not tolerate the vio- because they wanted to vote. They force can enter that country, it is for- lent suppression of the legitimate knew if they went back into the coun- tunate that our allies, the Australians democratic aspiration of the people of tryside, they might lose their chance and other countries, are ready, willing, East Timor. to physically be present to vote. and able at this moment to send per- Earlier this week, President Habibie As I stood before those thousands of sonnel forward in this peacekeeping asked the Indonesian people to remain poor people who have been denied force. We should be able to assist this calm in the face of the referendum re- water and food by the authorities, who force with some of the unique capac- sults. It is past time for him to direct literally were being starved away from ities and capabilities we have: intel- the Indonesian army to stop the mili- their right to vote, I told them that ligence capabilities, satellite observa- tias and to discipline those army per- the vote is more powerful than the tion, air lifts, sea lift. I don’t think it sonnel who are in collusion with the army. They believed that. A few days is necessary to commit our forces on militias in their rampage through East later, with great courage, they went to the ground, but we should be part of Timor. the polls, and, in overwhelming num- this effort to secure the peace and sta- It is imperative that President bers, they voted overwhelmingly for bility and reaffirm the validity of this Habibie and his government under- independence. election. stand that the United States Congress That vote now is being undermined While we were in East Timor, we had will not sit idly by while bands of systematically and deliberately by the occasion to visit with Bishop Belo, the thugs continue to loot and burn East military authority within Indonesia. Nobel prize winner. We had supper with Timor, kill innocent civilians, and Regretfully, we have just learned that him, very humble fare from a very drive people from their homes. the priest, Father Hilario, who was humble and saintly person. His house President Habibie said earlier this providing sanctuary in Swai, has been has already been destroyed by roving year that he would respect the wishes reported to have been killed by those mobs. East Timorese who took sanc- of the people of East Timor. His gov- violent militia bands. tuary there have been scattered and ernment also promised the World Bank This is an issue that should trouble slaughtered. Mercifully, Bishop Belo that it would live up to its commit- every person of conscience throughout has been able to escape to Australia. ments to the United Nations. It is time the world. It should particularly trou- These scenes of carnage and mayhem he shows that these statements were ble the United States, because for and madness are convulsing East more than just political rhetoric. He many years we have maintained a rela- Timor. It is the responsibility of the must stop the violence, and he must tionship with the Government of Indo- Government of Indonesia to stop the allow international peacekeepers to nesia in an attempt to provide the kind violence or to allow international enter East Timor without the threat of of support that would allow them to forces to enter at the soonest possible attack from militias or members of the evolve into a democratic country that time to stop this violence. As I indi- Indonesian army. would fulfill its promises. cated initially, this referendum was I hope the Senate will act on this im- The Government of Indonesia has not foisted upon the Government of In- portant legislation at the earliest pos- pretensions of being a great power, but donesia. It was agreed to by the Gov- sible date. We must not allow the Indo- a great power keeps its word. The Gov- ernment of Indonesia. They made sol- nesian government to continue to re- ernment of Indonesia has not kept its emn pledges to the United Nations to ceive U.S. military and economic as- word. It promised the United Nations respect the results of the vote, to con- sistance so long as it is condoning the that it would provide security and pro- duct the vote fairly without intimida- terror in East Timor. tection for the election. It promised it tion. Now they must live up to their So, Mr. President, I send a bill to the would respect the results of the elec- word or allow the United Nations and desk. Because of the urgency of the sit- tion. It promised it would protect the the world community to see that this uation in East Timor, I ask that it be lives and the property of the people of vote is respected. considered as soon as possible. East Timor, and it has failed utterly A final image I have of our time in Mr. President, I am delighted that and miserably in doing that. East Timor is going to a polling place. the next speaker will be a person who The military of Indonesia has preten- This was days before the election. We has devoted an incredible energy to sions of being a professional military were talking to these very brave inter- this issue; in fact, who recently had the force, but a professional military force national volunteers from many nations willingness and courage to go to East always follows legitimate orders of its who have risked their lives, literally, Timor, Senator REED of Rhode Island. civilian and military commanders. to be in these small towns to take the The PRESIDING OFFICER. The Sen- This army is failing miserably in doing registration. There was a young man ator from Rhode Island. that. who had come to make sure his name Mr. REED. Mr. President, I rise in There is only one choice. They must was on the rolls so he could vote. We strong support of the legislation intro- either restore order, stability, and safe- spoke with him. We asked him if he duced by my colleague, Senator FEIN- ty in East Timor, allow people to live was afraid. GOLD of Wisconsin. I do so because of freely and safely, respect the results of He said: Yes, very much so, but I will the gravity of the situation and also the election, or cooperate with the in- vote. My friends will vote. We want to because of the fact that just 2 weeks troduction of international peace- determine the future of our country. ago I had the opportunity to travel, keepers. We want to determine the future of our along with Senator HARKIN of Iowa and At the heart of the bill Senator FEIN- families and our communities. Congressman McGovern of Massachu- GOLD, myself, and Senator LEAHY are They did that. We have to respect setts, to East Timor. introducing is a very clear message to that courage and that faith in democ- We visited the town of Dili, the cap- the government and the military of In- racy and the power of the vote. We ital. Then we went into the country- donesia: Unless you restore order im- have to, internationally and individ- side. We saw the bravery and courage mediately or allow international ually as a nation, prove that the vote of people who are willing, quite lit- peacekeepers to enter East Timor, we is more powerful than the army. erally, to risk their lives to vote to de- will cut off all multilateral assistance. I am pleased and proud to join my termine their own future. We went to a We will cut off all bilateral assistance. colleagues in this resolution. I urge its town called Suai, which was a small We will cut off all military coopera- speedy consideration and passage. village in the western part of East tion. Essentially, the future relation- I yield the floor.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10615 Mr. KENNEDY. Mr. President, it is a United Nations Assistance Mission in both normal start-up problems as well privilege to join Senator FEINGOLD on East Timor to implement the transi- as other obstacles to identifying and this legislation to prohibit assistance tion to independence, and ensures that enrolling eligible children. There are to the Government of Indonesia until its armed forces abide by the principles an estimated 11 million children who that nation permits the peaceful imple- of international law. are uninsured with 7.5 million who mentation of the results of the August The people of East Timor need our could be eligible for the S-CHIP pro- 30 referendum, in which the people of help. Despite grave threats, they dem- gram. Congress envisioned that 5 mil- East Timor overwhelmingly voted in onstrated great courage and great faith lion children would receive services favor of independence from Indonesia. in the democratic process by going to under S-CHIP. As of July 1999, accord- This bill sends a clear and strong mes- the polls and voting overwhelmingly in ing to the Kaiser Family Foundation, sage to the Government of Indonesia favor of independence. The Govern- only 1.3 million children were enrolled that the United States will hold it re- ment of Indonesia has an obligation to on S-CHIP, less than half the projected sponsible for the fate of the East respect that verdict and see that it is enrollment in 1999. Timorese people. implemented peacefully. The inter- The federal child nutrition programs Tragically, we are now faced with a national community should do all it of school lunch, child care feeding and crisis of alarming proportions as a re- can to stop the violence and facilitate WIC are important sources of informa- sult of the Indonesian government’s the peaceful transition to independ- tion on potentially eligible children as ence. failure to disarm the militias and to well as a contact point with their par- guarantee the security of the East By Mr. KERRY (for himself and ents. Typically these programs collect Timorese people. The militias, to- income information that can be used to gether with Indonesian military and Mr. KENNEDY): S. 1569. A bill to amend the Wild and identify eligible children, and even en- security personnel, are committing Scenic Rivers Act to designate seg- roll children into federal health insur- gross violations of human rights. Hun- ments of the Taunton River in the ance programs. However there are lim- dreds of East Timorese have been Commonwealth of Massachusetts for its on the disclosure of school lunch killed and tens of thousands have been study for potential addition to the Na- data. While state and local health pro- forced to flee their homes, seeking ref- tional Wild and Scenic Rivers System, grams and other means-tested nutri- uge in West Timor. Hundreds have and for other purposes; to the Com- tion programs may receive this data, sought asylum in the UN compound in mittee on Energy and Natural Re- Medicaid and S-CHIP may not. the East Timorese capital of Dili. sources. Our bill will expand disclosure, sub- Bishop Belo’s home was burned and he TAUNTON RIVER WILD AND SCENIC RIVER STUDY ject to privacy provisions, to the state was forced to seek asylum in Australia. ACT OF 1999 health agency running Medicaid and S- UN personnel have been attacked and ∑ Mr. KERRY. Mr. President, I rise to CHIP. As an added protection, both the two were killed. Journalists have been introduce the Taunton River Wild and State and local education authority threatened and forced to leave East Scenic River Study Act of 1999. The bill must agree to this new disclosure. Timor. The militias and the Indonesian directs the Secretary of the Interior to military and security personnel perpe- The bill will also expand on a dem- study the Taunton River in Massachu- onstration basis the use of WIC admin- trating this violence must be stopped. setts for potential addition to the Na- All of us are deeply concerned over istrative funds. With the new author- tional Wild and Scenic Rivers Systems. ity, WIC clinics will be able to take a the violence and the likelihood of fur- The Taunton River is ecologically and ther bloodshed in the coming days. The more active role in the identification historically significant, and this legis- and enrollment of children onto the S- Indonesian Government must take re- lation is supported by local officials sponsibility for the actions of its mili- CHIP and Medicaid programs. However, and residents. Senator KENNEDY is join- since funding for WIC is discretionary tary and security personnel. If the Gov- ing this bill as an original cosponsor.∑ ernment of Indonesia cannot or will and funds for required program activi- not stop the violence, it must permit By Mr. LUGAR: ties are tight, the number of sites will the international community to do so. S. 1570. A bill to amend the National be limited. The General Accounting Of- I strongly support the call for an inter- School Lunch Act and the Child Nutri- fice will be required to determine the national peacekeeping force, author- tion Act of 1966 to promote identifica- added cost of the program. ized by the United Nations Security tion of children eligible for benefits Finally the bill will fund demonstra- Council, to intervene to restore secu- under, and enrollment of children in, tion grants to states. The demonstra- rity in East Timor and to implement the medicaid and State Children’s tion projects will integrate nutrition the results of the referendum. Health Insurance programs; to the program grantees (schools, child care By stopping all U.S. assistance to In- Committee on Agriculture, Nutrition, centers and WIC clinics) and other so- donesia, this legislation will encourage and Forestry. cial service programs with the federal the Indonesian government to meet its S-CHIP IMPROVEMENT ACT OF 1999 health care programs for low income international commitments and to en- Mr. LUGAR. Mr. President, I rise children. States will form comprehen- sure that its military and security today to introduce the Access to Chil- sive informational and enrollment forces abide by international law. The dren’s Health Insurance Program Act. projects to be eligible for the funding. United States and the international Joining me in this effort is my col- Mr. President, this bill removes bu- community must use their economic league from Indiana in the other body, reaucratic barriers so that more poor leverage to encourage the Indonesian Representative JULIA CARSON. children may receive the health care government to stop the violence in Congress created the S-CHIP pro- they need. It does this by allowing one East Timor and permit a peaceful tran- gram in the Balanced Budget Act of government entity to share informa- sition to independence. As long as this 1997 as a new federal-state partnership tion it possesses with another govern- crisis continues, international finan- to expand health insurance coverage ment entity responsible for health cial institutions must not permit addi- for low-income children not eligible for care. I urge my colleagues to support tional resources to flow to the Indo- Medicaid. Under S-CHIP states may this bill. nesian government—resources which cover children in families up to 200 per- Mr. President, I ask unanimous con- could be used by military and security cent of the federal poverty level or, in sent that the text of the bill be printed forces to continue the violence. In par- states with Medicaid income levels for in the RECORD. ticular, the International Monetary children already at or above 200 per- Fund should not approve the disburse- cent of poverty, within 50 percent over There being no objection, the bill was ment of the remaining $2 billion of an the state’s current Medicaid income ordered to be printed in the RECORD, as already-approved $12 billion loan. eligibility limit. Congress provided follows: The Indonesian government must over $4 billion annually to match state S. 1570 know that these sanctions will remain expenditures for this program. Be it enacted by the Senate and House of Rep- in effect until it ensures the safety of Implementation of the S-CHIP pro- resentatives of the United States of America in the East Timorese people, permits the gram has been slow. States have faced Congress assembled,

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10616 CONGRESSIONAL RECORD — SENATE September 8, 1999 SECTION 1. SHORT TITLE. ‘‘(B) a State child health plan under title from Indiana (Mr. LUGAR) were added This Act may be cited as the ‘‘SCHIP Im- XXI of the Social Security Act (42 U.S.C. as cosponsors of S. 285, a bill to amend provement Act of 1999’’. 1397aa et seq.). title II of the Social Security Act to re- SEC. 2. LIMITED WAIVER OF CONFIDENTIALITY ‘‘(2) ELIGIBLE ENTITIES.—An eligible entity store the link between the maximum REQUIREMENT. referred to in paragraph (1) is— Section 9(b)(2)(C)(iii) of the National ‘‘(A) a school or school food authority par- amount of earnings by blind individ- School Lunch Act (42 U.S.C. 1758(b)(2)(C)(iii)) ticipating in the school lunch program under uals permitted without demonstrating is amended— this Act; ability to engage in substantial gainful (1) in subclause (II), by striking ‘‘and’’ at ‘‘(B) an institution participating in the activity and the exempt amount per- the end; child and adult care food program under sec- mitted in determining excess earnings (2) in subclause (III), by striking the period tion 17; under the earnings test. at the end and inserting ‘‘; and’’; and ‘‘(C) a local agency participating in the S. 345 (3) by adding at the end the following: special supplemental nutrition program for ‘‘(IV) a person directly connected with the women, infants, and children under section At the request of Mr. ALLARD, the administration of a State plan under title 17 of the Child Nutrition Act of 1966 (42 name of the Senator from Vermont XIX of the Social Security Act (42 U.S.C. 1396 U.S.C. 1786); or (Mr. JEFFORDS) was added as a cospon- et seq.) or a State child health plan under ‘‘(D) any other nongovernmental social sor of S. 345, a bill to amend the Ani- title XXI of that Act (42 U.S.C. 1397aa et seq.) service provider. mal Welfare Act to remove the limita- for the purpose of identifying children eligi- ‘‘(3) USE OF FUNDS FOR WIC DEMONSTRATION tion that permits interstate movement ble for benefits under, and enrolling children PROJECT.—The authorized uses of grant funds in, any such plan, except that this subclause of live birds, for the purpose of fight- under this subsection shall include carrying ing, to States in which animal fighting shall apply with respect to the agency from out the demonstration project under section which the information would be obtained 17(q) of the Child Nutrition Act of 1966 (42 is lawful. only if the State and the agency so elect.’’. U.S.C. 1786(q)). S. 391 SEC. 3. DEMONSTRATION PROJECT. ‘‘(4) FUNDING.—Out of any moneys in the At the request of Mr. KERREY, the (a) IN GENERAL.—Section 17 of the Child Treasury not otherwise appropriated, the names of the Senator from Texas (Mrs. Nutrition Act of 1966 (42 U.S.C. 1786) is Secretary of the Treasury shall provide to HUTCHISON), the Senator from Colorado amended by adding at the end the following: the Secretary to carry out this subsection (Mr. CAMPBELL), the Senator from Lou- ‘‘(q) DEMONSTRATION PROJECT RELATING TO $6,000,000 for each of fiscal years 2000 through isiana (Ms. LANDRIEU), and the Senator USE OF WIC FUNDS FOR IDENTIFICATION AND 2003. The Secretary shall be entitled to re- ENROLLMENT OF CHILDREN IN CERTAIN HEALTH ceive the funds and shall accept the funds, from Virginia (Mr. ROBB) were added as PROGRAMS.— without further Act of appropriation.’’. cosponsors of S. 391, A bill to provide ‘‘(1) IN GENERAL.—The Secretary shall es- for payments to children’s hospitals tablish a demonstration project in not more f that operate graduate medical edu- than 40 local agencies in not fewer than 2 ADDITIONAL COSPONSORS cation programs. States under which costs of nutrition serv- S. 406 ices and administration (as defined in sub- S. 37 At the request of Mr. MURKOWSKI, the section (b)(4)) shall include the costs of iden- At the request of Mr. GRASSLEY, the tification of children eligible for benefits names of the Senator from Hawaii (Mr. name of the Senator from Utah (Mr. under, and enrollment of children in— HATCH) was added as a cosponsor of S. INOUYE), the Senator from Nebraska ‘‘(A) a State plan under title XIX of the 406, a bill to amend the Indian Health (Mr. HAGEL), and the Senator from Vir- Social Security Act (42 U.S.C. 1396 et seq.); Care Improvement Act to make perma- ginia (Mr. WARNER) were added as co- and nent the demonstration program that ‘‘(B) a State child health plan under title sponsors of S. 37, a bill to amend title XXI of that Act (42 U.S.C. 1397aa et seq.). XVIII of the Social Security Act to re- allows for direct billing of medicare, ‘‘(2) REPORT ON EVALUATION OF COSTS.—Not peal the restriction on payment for medicaid, and other third party payors, later than 18 months after the date of enact- certain hospital discharges to post- and to expand the eligibility under ment of this subsection, the Comptroller acute care imposed by section 4407 of such program to other tribes and tribal General of the United States shall submit to the Balanced Budget Act of 1997. organizations. Congress a report evaluating the costs asso- S. 484 ciated with implementation of the dem- S. 121 At the request of Mr. CAMPBELL, the onstration project, including an evaluation At the request of Mr. FEINGOLD, the names of the Senator from Massachu- of the Federal and State costs per child en- name of the Senator from New Jersey setts (Mr. KERRY), the Senator from rolled in a State plan described in paragraph (Mr. TORRICELLI) was added as a co- Montana (Mr. BURNS), and the Senator (1). sponsor of S. 121, a bill to amend cer- ERMINATION OF AUTHORITY from South Carolina (Mr. THURMOND) ‘‘(3) T .—The au- tain Federal civil rights statutes to thority provided by this subsection termi- were added as cosponsors of S. 484, a prevent the involuntary application of nates September 30, 2003.’’. bill to provide for the granting of ref- arbitration to claims that arise from (b) TECHNICAL AMENDMENTS.—Section 17 of ugee status in the United States to na- the Child Nutrition Act of 1966 (42 U.S.C. unlawful employment discrimination tionals of certain foreign countries in 1786)— based on race, color, religion, sex, age, which American Vietnam War POW/ (1) in subsection (b)(4), by striking ‘‘(4)’’ or disability, and for other purposes. and all that follows through ‘‘means’’ and in- MIAs or American Korean War POW/ S. 218 serting ‘‘(4) ‘Costs of nutrition services and MIAs may be present, if those nation- administration’ or ‘nutrition services and At the request of Mr. MOYNIHAN, the als assist in the return to the United administration’ means’’; and name of the Senator from Tennessee States of those POW/MIAs alive. (2) in subsection (h)(1)(A), by striking HOMPSON (Mr. T ) was added as a cospon- S. 486 ‘‘costs incurred by State and local agencies sor of S. 218, a bill to amend the Har- At the request of Mr. LEAHY, his for nutrition services and administration’’ monized Tariff Schedule of the United and inserting ‘‘costs of nutrition services name was added as a cosponsor of S. States to provide for equitable duty 486, a bill to provide for the punish- and administration incurred by State and treatment for certain wool used in local agencies’’. ment of methoamphetamine laboratory making suits. SEC. 3. GRANTS FOR IDENTIFICATION AND EN- operators, provide additional resources ROLLMENT EFFORTS. S. 249 to combat methamphetamine produc- Section 12 of the National School Lunch At the request of Mr. LEAHY, his tion, trafficking, and abuse in the Act (42 U.S.C. 1760) is amended by adding at name was added as a cosponsor of S. the end the following: United States, and for other purposes. ‘‘(p) GRANTS FOR IDENTIFICATION AND EN- 249, a bill to provide funding for the At the request of Mr. HATCH, the ROLLMENT EFFORTS.— National Center for Missing and Ex- names of the Senator from Arkansas ‘‘(1) IN GENERAL.—The Secretary shall ploited Children, to reauthorize the (Mr. HUTCHINSON), the Senator from make grants to States to carry out State Runaway and Homeless Youth Act, and Wisconsin (Mr. FEINGOLD), and the Sen- plans to involve eligible entities described in for other purposes. ator from Michigan (Mr. LEVIN) were paragraph (2) in the identification of chil- S. 285 added as cosponsors of S. 486, supra. dren eligible for benefits under, and enroll- S. 512 ment of children in— At the request of Mr. MCCAIN, the ‘‘(A) a State plan under title XIX of the names of the Senator from Hawaii (Mr. At the request of Mr. GORTON, the Social Security Act (42 U.S.C. 1396 et seq.); INOUYE), the Senator from Massachu- name of the Senator from Louisiana and setts (Mr. KERRY), and the Senator (Mr. BREAUX) was added as a cosponsor

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10617 of S. 512, a bill to amend the Public the list of substances with respect to (Mrs. LINCOLN) was added as a cospon- Health Service Act to provide for the which reporting and other activities sor of S. 1075, a bill to promote re- expansion, intensification, and coordi- are required under the risk manage- search to identify and evaluate the nation of the activities of the Depart- ment plan program health effects of silicone breast im- ment of Health and Human Services S. 954 plants, and to insure that women and with respect to research on autism. At the request of Mr. THOMAS, his their doctors receive accurate informa- S. 514 name was added as a cosponsor of S. tion about such implants. At the request of Mr. COCHRAN, the 954, a bill to amend title 18, United S. 1076 names of the Senator from Connecticut States Code, to protect citizens’ rights At the request of Mr. STEVENS, his (Mr. DODD) and the Senator from Wash- under the Second Amendment to ob- name was added as a cosponsor of S. ington (Mrs. MURRAY) were added as tain firearms for legal use, and for 1076, a bill to amend title 38, United cosponsors of S. 514, a bill to improve other purposes. States Code, to provide a cost-of-living the National Writing Project. S. 956 adjustment in rates of compensation At the request of Ms. SNOWE, the S. 541 paid to veterans with service-con- name of the Senator from Arkansas At the request of Ms. COLLINS, the nected disabilities, to enhance pro- (Mrs. LINCOLN) was added as a cospon- name of the Senator from Arkansas grams providing health care, edu- sor of S. 956, a bill to establish pro- cation, and other benefits for veterans, (Mrs. LINCOLN) was added as a cospon- grams regarding early detection, diag- sor of S. 541, a bill to amend title XVIII to authorize major medical facility nosis, and interventions for newborns projects, to reform eligibility for burial of the Social Security Act to make cer- and infants with hearing loss. tain changes related to payments for in Arlington National Cemetery, and S. 980 graduate medical education under the for other purposes. At the request of Mr. BAUCUS, the S. 1196 medicare program. names of the Senator from Arkansas At the request of Mr. COVERDELL, the S. 552 (Mr. HUTCHINSON) and the Senator from names of the Senator from South Da- At the request of Mr. ALLARD, the Louisiana (Ms. LANDRIEU) were added name of the Senator from Wyoming as cosponsors of S. 980, a bill to pro- kota (Mr. JOHNSON) and the Senator (Mr. THOMAS) was added as a cosponsor mote access to health care services in from Minnesota (Mr. WELLSTONE) were of S. 552, a bill to provide for budgetary rural areas. added as cosponsors of S. 1196, a bill to improve the quality, timeliness, and reform by requiring a balanced Federal S. 1003 credibility of forensic science services budget and the repayment of the na- At the request of Mr. ROCKEFELLER, tional debt. the name of the Senator from Con- for criminal justice purposes. S. 726 necticut (Mr. LIEBERMAN) was added as S. 1200 At the request of Mr. CAMPBELL, the a cosponsor of S. 1003, a bill to amend At the request of Ms. SNOWE, the name of the Senator from Georgia (Mr. the Internal Revenue Code of 1986 to name of the Senator from Louisiana CLELAND) was added as a cosponsor of provide increased tax incentives for the (Ms. LANDRIEU) was added as a cospon- S. 726, a bill to establish a matching purchase of alternative fuel and elec- sor of S. 1200, a bill to require equitable grant program to help State and local tric vehicle, and for other purposes. coverage of prescription contraceptive jurisdictions purchase bullet resistant S. 1029 drugs and devices, and contraceptive equipment for use by law enforcement At the request of Mr. COCHRAN, the services under health plans. departments. name of the Senator from Washington S. 1220 S. 783 (Mrs. MURRAY) was added as a cospon- At the request of Mr. GRAMS, his At the request of Mrs. FEINSTEIN, the sor of S. 1029, a bill to amend title III name was added as a cosponsor of S. name of the Senator from Georgia (Mr. of the Elementary and Secondary Edu- 1220, a bill to provide additional fund- CLELAND) was added as a cosponsor of cation Act of 1965 to provide for digital ing to combat methamphetamine pro- S. 783, a bill to limit access to body education partnerships. duction and abuse, and for other pur- armor by violent felons and to facili- S. 1044 poses. tate the donation of Federal surplus At the request of Mr. KENNEDY, the S. 1235 body armor to State and local law en- names of the Senator from North Caro- At the request of Mr. LEAHY, the forcement agencies. lina (Mr. EDWARDS), the Senator from name of the Senator from North Caro- Louisiana (Ms. LANDRIEU), the Senator S. 800 lina (Mr. HELMS) was added as a co- from Maine (Ms. SNOWE), the Senator At the request of Mr. GRAMS, his sponsor of S. 1235, a bill to amend part from New York (Mr. SCHUMER), the name was added as a cosponsor of S. G of title I of the Omnibus Crime Con- Senator from Connecticut (Mr. LIEBER- 800, a bill to promote and enhance pub- trol and Safe Streets Act of 1968 to MAN), and the Senator from Wash- lic safety through the use of 9-1-1 as allow railroad police officers to attend ington (Mrs. MURRAY) were added as the Federal Bureau of Investigation the universal emergency assistance cosponsors of S. 1044, a bill to require number, further deployment of wireless National Academy for law enforcement coverage for colorectal cancer training. 9-1-1 service, support of States in up- screenings. grading 9-1-1 capabilities and related S. 1244 S. 1053 functions, encouragement of construc- At the request of Mr. THOMPSON, the At the request of Mr. BOND, the name tion and operation of seamless, ubiq- name of the Senator from Nebraska of the Senator from Mississippi (Mr. uitous, and reliable networks for per- (Mr. HAGEL) was added as a cosponsor LOTT) was added as a cosponsor of S. sonal wireless services, and for other 1053, a bill to amend the Clean Air Act of S. 1244, a bill to establish a 3-year purposes. to incorporate certain provisions of the pilot project for the General Account- S. 805 transportation conformity regulations, ing Office to report to Congress on eco- At the request of Mr. DURBIN, the as in effect on March 1, 1999. nomically significant rules of Federal agencies, and for other purposes. name of the Senator from New Mexico S. 1070 (Mr. BINGAMAN) was added as a cospon- At the request of Mr. BOND, the name S. 1255 sor of S. 805, a bill to amend title V of of the Senator from Alaska (Mr. MUR- At the request of Mr. LEAHY, his the Social Security Act to provide for KOWSKI) was added as a cosponsor of S. name was added as a cosponsor of S. the establishment and operation of 1070, a bill to require the Secretary of 1255, a bill to protect consumers and asthma treatment services for chil- Labor to wait for completion of a Na- promote electronic commerce by dren, and for other purposes. tional Academy of Sciences study be- amending certain trademark infringe- S. 880 fore promulgating a standard, regula- ment, dilution, and counterfeiting At the request of Mr. KERRY, his tion or guideline on ergonomics. laws, and for other purposes. name was withdrawn as a cosponsor of S. 1075 S. 1262 S. 880, a bill to amend the Clean Air At the request of Mrs. BOXER, the At the request of Mr. REED, the name Act to remove flammable fuels from name of the Senator from Arkansas of the Senator from Connecticut (Mr.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10618 CONGRESSIONAL RECORD — SENATE September 8, 1999 DODD) was added as a cosponsor of S. dent to award a gold medal on behalf of COLLINS) and the Senator from South 1262, a bill to amend the Elementary Congress to Father Theodore M. Dakota (Mr. DASCHLE) were added as and Secondary Education Act of 1965 to Hesburg, in recognition of his out- cosponsors of S. 1487, a bill to provide provide up-to-date school library me- standing and enduring contributions to for excellence in economic education, dial resources and well-trained, profes- civil rights, higher education, the and for other purposes. sionally certified school library media Catholic Church, the Nation, and the S. 1538 specialists for elementary schools and global community. At the request of Mr. LEAHY, the secondary schools, and for other pur- S. 1358 names of the Senator from Maryland poses. At the request of Mr. JEFFORDS, the (Mr. SARBANES) and the Senator from S. 1263 names of the Senator from Maryland Connecticut (Mr. DODD) were added as At the request of Mr. JEFFORDS, the (Ms. MIKULSKI), the Senator from cosponsors of S. 1538, a bill to amend names of the Senator from Kansas (Mr. Washington (Mrs. MURRAY), and the the Communications Act of 1934 to ROBERTS), the Senator from Maine (Ms. Senator from Hawaii (Mr. INOUYE) were clarify State and local authority to SNOWE), the Senator from North Caro- added as cosponsors of S. 1358, a bill to regulate the placement, construction, lina (Mr. HELMS), and the Senator from amend title XVIII of the Social Secu- and modification of broadcast trans- Arkansas (Mrs. LINCOLN) were added as rity Act to provide more equitable pay- mission and telecommunications facili- cosponsors of S. 1263, a bill to amend ments to home health agencies under ties, and for other purposes. the Balanced Budget Act of 1997 to the medicare program. S. 1550 limit the reductions in medicare pay- S. 1400 At the request of Mr. WELLSTONE, the ments under the prospective payment At the request of Mrs. BOXER, the names of the Senator from New York system for hospital outpatient depart- name of the Senator from Hawaii (Mr. (Mr. SCHUMER) and the Senator from Il- ment services. INOUYE) was added as a cosponsor of S. linois (Mr. DURBIN) were added as co- S. 1268 1400, a bill to protect women’s repro- sponsors of S. 1550, a bill to extend cer- At the request of Mr. HARKIN, the ductive health and constitutional right tain Medicare community nursing or- name of the Senator from Hawaii (Mr. to choice, and for other purposes. ganization demonstration projects. S. 1420 INOUYE) was added as a cosponsor of S. SENATE JOINT RESOLUTION 26 At the request of Mr. KERRY, the 1268, a bill to amend the Public Health At the request of Mr. SMITH, the name of the Senator from New Jersey Service Act to provide support for the name of the Senator from Minnesota (Mr. LAUTENBERG) was added as a co- modernization and construction of bio- (Mr. GRAMS) was added as a cosponsor sponsor of S. 1420, a bill to establish a medical and behavioral research facili- of Senate Joint Resolution 26, a joint fund for the restoration and protection ties and laboratory instrumentation. resolution expressing the sense of Con- of ocean and coastal resources, to S. 1269 gress with respect to the courtmartial amend and reauthorize the Coastal At the request of Mr. MCCONNELL, conviction of the late Rear Admiral Zone Management Act of 1972, and for the name of the Senator from Wyoming Charles Butler McVay, III, and calling other purposes. (Mr. THOMAS) was added as a cosponsor upon the President to award a Presi- of S. 1269, a bill to provide that the S. 1454 dential Unit Citation to the final crew Federal Government and States shall At the request of Mr. BIDEN, his name of the U.S.S. Indianapolis. was added as a cosponsor of S. 1454, a be subject to the same procedures and SENATE CONCURRENT RESOLUTION 9 bill to amend the Internal Revenue substantive laws that would apply to At the request of Ms. SNOWE, the persons on whose behalf certain civil Code of 1986 to expand the incentives for the construction and renovation of names of the Senator from Connecticut actions may be brought, and for other (Mr. LIEBERMAN) and the Senator from purposes. public schools and to provide tax incen- tives for corporations to participate in Ohio (Mr. DEWINE) were added as co- S. 1272 cooperative agreements with public sponsors of Senate Concurrent Resolu- At the request of Mr. NICKLES, the schools in distressed areas. tion 9, a concurrent resolution calling name of the Senator from Ohio (Mr. for a United States effort to end re- S. 1459 DEWINE) was added as a cosponsor of S. strictions on the freedoms and human At the request of Mr. MACK, the name 1272, a bill to amend the Controlled rights of the enclaved people in the oc- of the Senator from Washington (Mr. Substances Act to promote pain man- cupied area of Cyprus. GORTON) was added as a cosponsor of S. agement and palliative care without 1459, a bill to amend title XVIII of the SENATE RESOLUTION 92 permitting assisted suicide and eutha- Social Security Act to protect the At the request of Mrs. BOXER, the nasia, and for other purposes. right of a medicare beneficiary en- names of the Senator from Ohio (Mr. S. 1310 rolled in a Medicare+Choice plan to re- DEWINE), the Senator from North Da- At the request of Ms. COLLINS, the ceive services at a skilled nursing facil- kota (Mr. CONRAD), and the Senator names of the Senator from Arkansas ity selected by that individual. from Louisiana (Ms. LANDRIEU) were (Mrs. LINCOLN) and the Senator from S. 1468 added as cosponsors of Senate Resolu- Nebraska (Mr. HAGEL) were added as At the request of Mr. LOTT, the name tion 92, a resolution expressing the cosponsors of S. 1310, a bill to amend of the Senator from Oregon (Mr. sense of the Senate that funding for title XVIII of the Social Security Act WYDEN) was added as a cosponsor of S. prostate cancer research should be in- to modify the interim payment system 1468, a bill to authorize the minting creased substantially. for home health services, and for other and issuance of Capitol Visitor Center SENATE RESOLUTION 99 purposes. Commemorative coins, and for other At the request of Mr. REID, the S. 1317 purposes. names of the Senator from Utah (Mr. At the request of Mr. AKAKA, the S. 1473 HATCH), the Senator from North Da- names of the Senator from Massachu- At the request of Mr. ROBB, the kota (Mr. CONRAD), and the Senator setts (Mr. KERRY) and the Senator from names of the Senator from Massachu- from New Jersey (Mr. TORRICELLI) were California (Mrs. BOXER) were added as setts (Mr. KENNEDY) and the Senator added as cosponsors of Senate Resolu- cosponsors of S. 1317, a bill to reauthor- from Virginia (Mr. WARNER) were added tion 99, a resolution designating No- ize the Welfare-To-Work program to as cosponsors of S. 1473, a bill to amend vember 20, 1999, as ‘‘National Survivors provide additional resources and flexi- section 2007 of the Social Security Act for Prevention of Suicide Day.’’ bility to improve the administration of to provide grant funding for additional AMENDMENT NO. 1493 the program. Empowerment Zones, Enterprise Com- At the request of Mr. BENNETT the S. 1332 munities, and Strategic Planning Com- names of the Senator from Connecticut At the request of Mr. BAYH, the name munities, and for other purposes. (Mr. DODD) and the Senator from of the Senator from Georgia (Mr. S. 1487 Rhode Island (Mr. CHAFEE) were added COVERDELL) was added as a cosponsor At the request of Mr. AKAKA, the as cosponsors of amendment No. 1493 of S. 1332, a bill to authorize the Presi- names of the Senator from Maine (Ms. intended to be proposed to H.R. 2466, a

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10619 bill making appropriations for the De- Whereas the World Trade Organization is (6) To expand the Information Technology partment of the Interior and related the single most important mechanism by Agreement product coverage and participa- agencies for the fiscal year ending Sep- which global commerce is regulated; and tion. tember 30, 2000, and for other purposes. Whereas the United States will host the (7) To make duty-free treatment of elec- World Trade Organization Ministerial Meet- tronic transmissions permanent. AMENDMENT NO. 1577 ing in Seattle in November 1999: Now, there- (8) To negotiate short timetables for accel- At the request of Mr. BAYH his name fore, be it erated tariff elimination in sectors identified was added as a cosponsor of amend- Resolved by the Senate (the House of Rep- in prior international trade meetings, par- ment No. 1577 proposed to H.R. 2466, a resentatives concurring), ticularly in environmental goods. bill making appropriations for the De- SECTION 1. SENSE OF CONGRESS. SEC. 5. OTHER TRADE-RELATED ISSUES. partment of the Interior and related It is the sense of Congress that the execu- The negotiating objectives of the United agencies for the fiscal year ending Sep- tive branch of the Government should pursue States with respect to other trade-related tember 30, 2000, and for other purposes. the objectives described in this concurrent issues should be the following: (1) To achieve broad participation in Mu- At the request of Mr. GRAHAM the resolution in any negotiations undertaken tual Recognition Agreements (MRA’s) on name of the Senator from Missouri with respect to the next round of multilat- eral trade negotiations at the World Trade product standards, conformity assessment, (Mr. BOND) was added as a cosponsor of Organization Ministerial Meeting in Seattle, and certification procedures. amendment No. 1577 proposed to H.R. Washington. (2) To expand the scope of the Government 2466, supra. SEC. 2. AGRICULTURE. Procurement Agreement and make it part of the World Trade Organization undertaking. AMENDMENT NO. 1600 The negotiating objectives of the United (3) To strengthen protection of intellectual At the request of Mr. MURKOWSKI the States with respect to agriculture should be property, including patents, trademarks, name of the Senator from Wyoming the following: trade secrets, and industrial layout. (Mr. THOMAS) was added as a cosponsor (1) To eliminate all current and prohibit (4) To complete the harmonization of rules all future price subsidies and export taxes. of Amendment No. 1600 intended to be of origin. (2) To negotiate stronger disciplines on proposed to H.R. 2466, a bill making ap- (5) To strengthen prohibitions against state-owned trading enterprises, including propriations for the Department of the mandatory technology transfer under the cross-subsidization, reserved market share, Interior and related agencies for the Trade-Related Investment Measures Agree- and price undercutting. ment. fiscal year ending September 30, 2000, (3) With respect to tariffs, to pursue zero- (6) To broaden agreements on customs-re- and for other purposes. for-zero or harmonization agreements for lated issues to facilitate the rapid movement At the request of Mr. MURKOWSKI the products where current tariff levels are so of goods. name of the Senator from South Da- disparate that proportional reductions would (7) To make permanent and binding the kota (Mr. JOHNSON) was withdrawn as a yield an unbalanced result. moratorium on tariffs on electronic trans- (4) To target peak tariffs for reduction on cosponsor of amendment No. 1600 in- missions. a specific timetable. tended to be proposed to H.R. 2466, (8) To establish a consensus that electronic (5) To eliminate all tariffs that are less supra. commerce is neither exclusively a good nor than 5 percent. exclusively a service, and develop rules for AMENDMENT NO. 1603 (6) To negotiate an agreement that binds transparency, notification, and review of do- At the request of Mrs. HUTCHISON the all tariffs at zero wherever possible. mestic regulations. name of the Senator from Alabama (7) To phase out all tariff rate quotas. (9) To reach a global agreement on liberal (Mr. SHELBY) was added as a cosponsor (8) To eliminate all market-distorting do- treatment of digital products in a techno- mestic subsidies. of amendment No. 1603 proposed to logically neutral manner. (9) To eliminate technology-based dis- H.R. 2466, a bill making appropriations (10) To negotiate an agreement for deter- crimination of agricultural commodities. for the Department of the Interior and mining when multilateral environmental (10) To negotiate agriculture and nonagri- related agencies for the fiscal year end- agreements are consistent with the prin- culture issues as a single undertaking, with ciples of the World Trade Organization. ing September 30, 2000, and for other full implementation of any early agreement (11) To undertake early review of potential purposes. contingent on an acceptable final package. environmental impacts of all global agree- At the request of Mr. GRAMM his (11) To reach agreements to eliminate uni- ments with a view toward mitigating any ad- name was added as a cosponsor of lateral agricultural sanctions as a tool of verse effects. amendment No. 1603 proposed to H.R. foreign policy. (12) To reach agreement that goods and 2466, supra. SEC. 3. SERVICES. services produced by forced, prison, or child f The negotiating objectives of the United labor are not protected by international States with respect to services should be the SENATE CONCURENT RESOLUTION trade rules. following: (13) To establish a mechanism for joint re- 55—ESTABLISHING OBJECTIVES (1) To achieve binding commitments on search and between the World Trade Organi- FOR THE NEXT ROUND OF MUL- market access and national treatment. zation and the International Labor Organiza- TILATERAL TRADE NEGOTIA- (2) To achieve broad participation from all tion (ILO). TIONS World Trade Organization members in the (14) To institute explicit procedures for in- negotiation of any agreement. clusion of core labor standards in the coun- Mr. BAUCUS submitted the following (3) To proceed on a ‘‘negative list’’ basis so concurrent resolution; which was re- try reports of the World Trade Organization that all services will be covered unless spe- Trade Policy Review Mechanism. ferred to the Committee on Finance: cifically listed. SEC. 6. WORLD TRADE ORGANIZATION INSTITU- S. CON. RES. 55 (4) To prevent discrimination based on the TIONAL ISSUES. Whereas obtaining open, equitable, and re- mode of delivery, including electronic deliv- The negotiating objectives of the United ciprocal market access will benefit both the ery. States with respect to World Trade Organiza- United States and its trading partners; (5) To negotiate disciplines on trans- tion institutional issues should be the fol- Whereas eliminating or reducing trade bar- parency and responsiveness of domestic regu- lowing: riers and trade distorting practices will en- lations of services. (1) To reach agreement not to implement hance export opportunities for American in- SEC. 4. INDUSTRIAL MARKET ACCESS. any new trade restrictive measures during dustry, agricultural products, and services; The negotiating objectives of the United the 3-year negotiating period beginning with Whereas strengthening international dis- States with respect to industrial market ac- the Seattle Ministerial Meeting. ciplines on restrictive or trade-distorting cess should be the following: (2) To broaden membership in the World import and export practices will improve the (1) To pursue zero-for-zero or harmoni- Trade Organization by accelerating acces- global commercial environment; zation agreements for products where cur- sions. Whereas preserving existing rules that pro- rent tariff levels are so disparate that pro- (3) To shorten the timeframes of dispute hibit unfair trade practices is a necessary ad- portional reductions would yield an unbal- resolution. junct to promoting commerce; anced result. (4) To increase transparency, citizen ac- Whereas expanding trade will foster eco- (2) To target peak tariffs for reduction on cess, and responsiveness to submissions from nomic growth required for full employment a specific timetable. nongovernmental organizations. in the United States and the global economy; (3) To eliminate all tariffs that are less (5) To strengthen disciplines governing the Whereas growth in international trade has than 5 percent. coverage and implementation of free trade immediate and significant consequences for (4) To negotiate agreements that bind tar- agreements. sound natural resource use and environ- iffs at zero wherever possible. (6) To reach an agreement to cooperate mental protection, and for the practice of (5) To achieve broad participation in all with the International Monetary Fund, the sustainable development; harmonization efforts. International Bank for Reconstruction and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10620 CONGRESSIONAL RECORD — SENATE September 8, 1999 Development, United Nations organizations, The resolution I am submitting today us well. The WTO is a governmental and international economic institutions in fulfills our obligation by giving the Ex- body. The citizens of the nations which trade-related policy matters. ecutive Branch specific goals for the compose the WTO have a right to know SEC. 7. ISSUES NOT OPEN TO NEGOTIATION. upcoming round of negotiations. what it is doing. We also need to speed In all negotiations, the United States Mr. President, I would like to sum- Trade Representative should ensure that the up the WTO system for resolving trade negotiations do not weaken existing agree- marize briefly the main points of this disputes. ments or create opportunities for the imposi- resolution. It deals not only with agri- ISSUES NOT FOR NEGOTIATING tion of new barriers in the following areas: culture and services, but also with There are several issues which the (1) Dumping and antidumping. manufactured products, institutional Administration should not include in (2) Competition policy. concerns, and a variety of other trade- the overall negotiation. In some cases, (3) Investment. related issues. (4) Textiles and apparel. including them would most likely AGRICULTURE SEC. 8. TRANSMITTAL OF RESOLUTION. weaken the results we obtained in the The Secretary of the Senate shall transmit America’s farmers compete very ef- Uruguay Round. In other case, I do not a copy of this concurrent resolution to the fectively when world markets are not believe that a global negotiation would President. distorted by government intervention. benefit the United States. Issues such Mr. BAUCUS. Mr. President, I send a Eliminating these distortions is not as textiles and apparel, antidumping concurrent resolution establishing U.S. only good for the farm community, it rules, competition policy, and invest- goals for the next round of global nego- will benefit U.S. consumers and our ment should not be part of the next tiations in the World Trade Organiza- trading partners. It will stimulate de- round of negotiations. tion to the desk. mand for agricultural output, demand OTHER TRADE ISSUES: ENVIRONMENT AND In 1994, seven hard years of talks cul- which American farmers are prepared LABOR minated the Uruguay Round Agree- to satisfy. My resolution instructs the Finally, Mr. President, my resolution ment creating the WTO. The United Administration to seek elimination of lists a number of specific trade issues States can point with pride to the re- export subsidies and trade-distorting which the Administration should ad- sults of American leadership on trade. domestic subsidies, to seek substantial dress in the next round of trade nego- Among the agreement’s notable results tariff reductions, and for the first time tiations. These include questions such were beginning new countries into the to impose discipline on State Trading as government procurement and elec- rule-based trade regime; establishing Enterprises. tronic commerce. Let me mention two an institution for ongoing trade talks SERVICES particular matters which are especially and dispute resolution; and addressing Services comprise almost three quar- important: the environment and labor. some key issues for the first time. ters of American output. We are a net My resolution instructs the Adminis- The 1994 WTO agreement left unfin- exporter of services, so increased trade tration to make specific progress in ished business in two of these key in services will have a positive effect both of these areas. On the environ- issues: agriculture and services. WTO on our current account balance. My ment, it requires an environmental as- members committed to return to the resolution instructs the Administra- sessment of any new global trade table in January 2000 to address bar- tion to reach a global agreement that agreement, and a WTO consensus on riers in these sectors, the so-called trade in services is free and open unless determining when multilateral envi- ‘‘built-in agenda.’’ It will be a major otherwise specified. The current sys- ronmental agreements are consistent challenge. Trade-distorting domestic tem is that trade in services is closed with international trade rules. It also agricultural programs are politically unless otherwise specified. Starting requires tariff reductions on environ- sensitive, especially in the European from this principal of openness, the Ad- mental products in order to increase Union, the world’s biggest offender in ministration should seek board partici- the flow of environmental technology. this area. In services, efforts to open up pation in an agreement on services As to labor, my resolution requires trade run into difficult questions of do- trade., the Administration to correct a defi- mestic regulation and investment. Over the past several months, Mr. INDUSTRIAL GOODS ciency which has existed in trade law President, WTO members have sub- To establish a negotiating dynamic since the United States signed the mitted proposals for dealing with agri- broad enough to allow for trade-offs, it GATT in 1947: it does not allow coun- culture, services, and many other is vital that the WTO talks include tries to treat products made with issues in a new global round of negotia- manufactured products. In this regard, forced labor or child labor differently. tions, to be launched in Seattle this there has been some confusion as to We should all have the right to pro- November when the United States the U.S. strategy. The work begun in hibit such goods from entering our hosts the third WTO Ministerial Meet- APEC to cut tarffs in nine sectors has countries. It also calls for joint re- ing. I have read some of these pro- moved into the WTO. The agriculture search between the WTO and the Inter- posals, including the proposals sub- community feared that an early agree- national Labor Organization, and for a mitted by the Administration, and I ment to cut tariffs on manufactured regular examination of how WTO mem- have compared them two what I hear products would rob the overall negotia- bers are living up to their 1996 commit- from various groups around the coun- tion of the required breadth of issues. ment on core labor standards. Rhetoric try. My resolution makes clear that this is not a substitute for action. I have concluded that the U.S. pro- negotiation should be viewed as a sin- GOAL: IMPROVE QUALITY OF LIFE posals are timid and lack specificity. I gle undertaking to be completed in Let me close, Mr. President, with a am very concerned about this. We can’t three years. This does not mean that word about why this is important to all build a strong global economy without we can have no results on tariffs at the of us. Since the end of World War Two, a strong set of trade rules. We can’t ad- Senate WTO Ministerial. But com- we have come a long way in shaping dress emerging issues such as bio- pleting accelerated tariff elimination the world economy. When the GATT technology and electronic commerce, should be contingent on successfully was signed in 1947, the world was en- areas where the United States has a concluding the entire package, includ- gaged in a bitter debate over funda- commanding lead, unless we supply a ing agriculture and services. mental values. The central question concrete vision of the future. We won’t INSTITUTIONAL ISSUES was whether national economies should reach our goals unless we can state our We now have almost five years of ex- be organized by market forces and open goals clearly. We need a clear set of perience with the operation of the Uru- societies or by central government goals for this round of trade talks. The guay Round agreement and the WTO. planners. Which is better: democracy American people expect us to show That experience has uncovered some or communism? The world now knows leadership in this area. Our trading areas for improvement. Chief among the answer to this question with abso- partners expect America to show lead- these is the need for greater trans- lutely no ambiguity. Today, anyone ership, too. parency in WTO operations. In the who thinks that central planning wins We in the Congress have a constitu- state of Montana, we have a strong tra- over market forces need only compare tional responsibility in this regard. dition of open government which serves Seoul to Pyongyang.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10621 In the past decade, the former Soviet October 15, 1999, as ‘‘National Mam- of that date, and promise yourself to bloc national have struggled to turn mography Day’’. I have submitted a get a mammogram on that date every from central planning to market forces similar resolution each year since 1993, year. Do it for yourself and for the oth- and citizen participation. Developing and on each occasion the Senate has ers that love you and want you to be countries abandoned bankrupt nations shown its support for the fight against part of their lives for as long as pos- like ‘‘import substitution’’ in favor of breast cancer by approving it. sible. market-based solutions. OECD coun- Each year, as I prepare to submit Mr. President, I urge my colleagues tries deregulated and dismantled trade this resolution, I look at the latest in- to join me in the ongoing fight against barriers. New technology, especially in- formation from the American Cancer breast cancer by cosponsoring this res- formation technology, provided the Society about breast cancer. This year, olution to designate October 15, 1999, as means to take advantage of newly the news is depressingly familiar: in National Mammography Day. opened markets. Goods and capital 1999, an estimated 175,000 women will f move with amazing speed. be diagnosed with breast cancer and an Open markets make the global econ- estimated 43,300 women will die of this AMENDMENTS SUBMITTED omy more efficient. But there’s a dis- disease. tinction between efficiency and equity. In the midst of these gloomy num- Open markets do not make prosperity bers, however, one statistic stands out DEPARTMENT OF THE INTERIOR more fair. Many citizens believe it is like a beacon of hope: the 5-year sur- AND RELATED AGENCIES APPRO- not fair enough. They see widening in- vival rate for women with localized PRIATIONS ACT, 2000 come gaps, job insecurity, environ- breast cancer is a whopping 97%. More- mental damage, a less certain future. over, we already know one sure-fire The next round of global trade talks method for detecting breast cancer LOTT AMENDMENT NO. 1621 can’t make opening markets an end in when it is at this early, highly curable Mr. BOND (for Mr. LOTT) proposed an itself. We no longer have to convince stage: periodic mammograms for all amendment to the bill (H.R. 2466) mak- the world that our economic system is women over age 40. Periodic mammog- ing appropriations for the Department more efficient. The task now is to show raphy can detect a breast cancer al- of the Interior and related agencies for that our system also improves the most 2 years earlier than it would have the fiscal year ending September 30, quality of their lives. We need to show been detected by breast self-examina- 2000, and for other purposes; as follows: that our system delivers benefits to tion. The importance of periodic mam- On page 62, line 10, add the following before them. It has to make them better off. mography for women’s health is recog- the period ‘‘: Provided, That within the funds If we fail to do that, we will face a nized by health plans and health insur- available, $250,000 shall be used to assess the world polarized by poverty as it was ers, and virtually all of them cover its potential hydrologic and biological impact of once polarized by cold war ideology. cost. Low-income women who do not lead and zinc mining in the Mark Twain Na- f have health insurance can get free tional Forest of Southern Missouri: Provided further, That none of the funds in this Act SENATE RESOLUTION 179—DESIG- mammograms through a breast cancer screening program sponsored by the may be used by the Secretary of the Interior NATING OCTOBER 15, 1999, AS to issue a prospecting permit for hardrock ‘‘NATIONAL MAMMOGRAPHY Centers for Disease Control and Pre- mineral exploration on Mark Twain National DAY’’ vention. Forest land in the Current River/Jack’s Fork Given all this, that modern mam- River—Eleven Point Watershed (not includ- Mr. BIDEN submitted the following mography is highly effective in discov- ing Mark Twain National Forest land in resolution; which was referred to the ering breast cancer at a very early Townships 31N and 32N, Range 2 and Range 3 Committee on the Judiciary: stage, rarely causes any discomfort, West, on which mining activities are taking S. RES. 179 and generally cost nothing, why aren’t place as of the date of enactment of this Whereas according to the American Cancer all women over 40 getting this valuable Act); Provided further, That none of the funds Society, in 1999, 175,000 women will be diag- test every year? One answer is that we in this Act may be used by the Secretary of nosed with breast cancer and 43,300 women the Interior to segregate or withdraw land in are human, and we all forget things, es- the Mark Twain National Forest, Missouri will die from this disease; pecially as we get older. Even if we re- Whereas in the decade of the 1990’s, it is es- under section 204 of the Federal Land Policy timated that about 2,000,000 women will be member that we need a mammogram, and Management Act of 1976 (43 U.S.C. 1714)’’ we often have so many things going on diagnosed with breast cancer, resulting in f nearly 500,000 deaths; in our lives that we just keep putting Whereas the risk of breast cancer increases the mammogram off for that ‘‘less VETERANS COMPENSATION COST- with age, with a woman at age 70 years hav- busy’’ day that never comes. Con- OF-LIVING ADJUSTMENT ACT OF ing twice as much of a chance of developing sequently, we need a ‘‘National Mam- 1999 the disease as a woman at age 50 years; mography Day’’ to remind us that we Whereas at least 80 percent of the women need to make sure all the women in our who get breast cancer have no family history of the disease; lives don’t overlook this crucial pre- ROCKEFELLER (AND SPECTER) Whereas mammograms, when operated ventive service. AMENDMENT NO. 1622 professionally at a certified facility, can pro- How should we use ‘‘National Mam- Mr. BROWNBACK (for Mr. ROCKE- vide a safe and quick diagnosis; mography Day’’ to achieve our goal of FELLER (for himself and Mr. SPECTER)) Whereas experts agree that mammography fighting breast cancer through early proposed an amendment to the bill (S. is the best method of early detection of diagnosis? This year, National Mam- breast cancer, and early detection is the key 1076) to amend title 38, United States mography Day falls on Friday, October Code, to provide a cost-of-living adjust- to saving lives; 15, right in the middle of National Whereas mammograms can reveal the pres- ment in rates of compensation paid to ence of small cancers up to 2 years or more Breast Cancer Awareness month. On veterans with service-connected dis- before a regular clinical breast examination that day, let’s make sure that each abilities, to enhance programs pro- or breast self-examination, reducing mor- women we know picks a specific date viding health care, education, and tality by more than 30 percent; and on which to get a mammogram each other benefits for veterans, to author- Whereas the 5-year survival rate for local- year. I well understand how easy it is ize major medical facility projects, to ized breast cancer is currently 97 percent: to forget do something that comes Now, therefore, be it reform eligibility for burial in Arling- around only once per year, but for each ton National Cemetery, and for other Resolved, That the Senate— of us there are certainly some dates (1) designates October 15, 1999, as ‘‘Na- purposes; as follows: that we don’t forget: a child’s birthday, tional Mammography Day’’; and On page 66, strike lines 9 through 19 and in- (2) requests that the President issue a an anniversary, perhaps even the day sert the following: our taxes are due. On National Mam- proclamation calling upon the people of the SEC. 101. CONTINUUM OF CARE FOR VETERANS. United States to observe such day with ap- mography Day, let’s ask our loved (a) INCLUSION OF NONINSTITUTIONAL EX- propriate programs and activities. ones: pick one of these dates, fix it in TENDED CARE SERVICES IN DEFINITION OF Mr. BIDEN. Mr. President, today I your mind along with a picture of your MEDICAL SERVICES.—Section 1701 is amend- am submitting a resolution designating child, your wedding, or another symbol ed—

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10622 CONGRESSIONAL RECORD — SENATE September 8, 1999 (1) in paragraph (6)(A)(i), by inserting clude a comprehensive array of health care partment to meet the long-term care needs ‘‘noninstitutional extended care services,’’ services and other services that meet the of eligible veterans. after ‘‘preventive health services,’’; and long-term care needs of veterans, including— (2) The report under paragraph (1) shall— (2) by adding at the end the following new (A) inpatient long-term care in inter- (A) describe the comprehensive array of paragraphs: mediate care beds, in nursing homes, and in health services and other services furnished ‘‘(10) The term ‘noninstitutional extended domiciliary care facilities; and by the Department under law to meet the care services’ includes— (B) non-institutional long-term care, in- long-term care needs of eligible veterans, in- ‘‘(A) home-based primary care; cluding hospital-based primary care, adult cluding— ‘‘(B) adult day health care; day health care, respite care, and other com- (i) inpatient long-term care in inter- ‘‘(C) respite care; munity-based interventions and care. mediate care beds, in nursing homes, and in ‘‘(D) palliative and end-of-life care; and (2) As part of the provision of services domiciliary care facilities; and ‘‘(E) home health aide visits. under the pilot programs, the Secretary (ii) non-institutional long-term care, in- ‘‘(11) The term ‘respite care’ means hos- shall also provide appropriate case manage- cluding hospital-based primary care, adult pital care, nursing home care, or residence- ment services. day health care, respite care, and other com- based care which— (3) In providing services under the pilot munity-based interventions and care; ‘‘(A) is of limited duration; programs, the Secretary shall emphasize the (B) describe the case management services ‘‘(B) is furnished in a Department facility provision of preventive care services, includ- furnished as part of the services described in or in the residence of an individual on an ing screening and education. subparagraph (A) and assess the role of such intermittent basis to an individual who is (4) The Secretary may provide health care case management services in ensuring that suffering from a chronic illness and who re- services or other services under the pilot eligible veterans receive services to meet sides primarily at that residence; and programs only if the Secretary is otherwise their long-term care needs; and ‘‘(C) is furnished for the purpose of helping authorized to provide such services by law. (C) in describing services under subpara- the individual to continue residing primarily (d) DIRECT PROVISION OF SERVICES.—Under graphs (A) and (B), emphasize the role of pre- at that residence.’’. one of the pilot programs under this section, ventive services in the furnishing of such (b) CONFORMING AMENDMENTS TO TITLE 38.— the Secretary shall provide long-term care services. (1)(A) Section 1720 is amended by striking services to eligible veterans directly through (i) DURATION OF PROGRAMS.—(1) The Sec- subsection (f). facilities and personnel of the Department of retary shall commence carrying out the pilot (B) The section heading of such section is Veterans Affairs. programs required by this section not later amended by striking ‘‘; adult day health (e) PROVISION OF SERVICES THROUGH COOP- than 90 days after the date of the enactment care’’. ERATIVE ARRANGEMENTS.—(1) Under one of of this Act. (2) Section 1720B is repealed. the pilot programs under this section, the (2) The authority of the Secretary to pro- (3) Chapter 17 is further amended by redes- Secretary shall provide long-term care serv- vide services under the pilot programs shall ignating sections 1720C, 1720D, and 1720E as ices to eligible veterans through a combina- cease on the date that is three years after sections 1720B, 1720C, and 1720D, respectively. tion (as determined by the Secretary) of— the date of the commencement of the pilot (c) CLERICAL AMENDMENTS.—The table of (A) services provided under cooperative ar- programs under paragraph (1). sections for chapter 17 is amended— rangements with appropriate public and pri- (j) DEFINITIONS.—In this section: (1) in the item relating to section 1720, by vate non-Governmental entities, including (1) ELIGIBLE VETERAN.—The term ‘‘eligible striking ‘‘; adult day health care’’; and community service organizations; and veteran’’ means the following: (2) by striking the items relating to sec- (B) services provided through facilities and (A) Any veteran eligible to receive hospital tions 1720B, 1720C, 1720D, and 1720E and in- personnel of the Department. care and medical services under section serting the following: (2) The consideration provided by the Sec- 1710(a)(1) of title 38, United States Code. retary for services provided by entities under (B) Any veteran (other than a veteran de- ‘‘1720B. Noninstitutional alternatives to cooperative arrangements under paragraph scribed in subparagraph (A)) if the veteran is nursing home care. (1)(A) shall be limited to the provision by the enrolled in the system of annual patient en- ‘‘1720C. Counseling and treatment for sexual Secretary of appropriate in-kind services to rollment under section 1705 of title 38, trauma. such entities. United States Code. ‘‘1720D. Nasopharyngeal radium irradia- (f) PROVISION OF SERVICES BY NON-DEPART- (2) LONG-TERM CARE NEEDS.—The term tion.’’. MENT ENTITIES.—(1) Under one of the pilot ‘‘long-term care needs’’ means the need by (d) ADDITIONAL CONFORMING AMENDMENT.— programs under this section, the Secretary an individual for any of the following serv- Section 101(g)(2) of the Veterans Health Pro- shall provide long-term care services to eli- ices: grams Extension Act of 1994 (Public Law 103– gible veterans through arrangements with (A) Hospital care. 452; 108 Stat. 4785; 38 U.S.C. 1720D note) is appropriate non-Department entities under (B) Medical services. amended by striking ‘‘section 1720D’’ both which arrangements the Secretary acts sole- (C) Nursing home care. places it appears and inserting ‘‘section ly as the case manager for the provision of (D) Case management and other social 1720C’’. such services. services. SEC. 102. PILOT PROGRAMS RELATING TO LONG- (2) Payment for services provided to vet- (E) Home and community based services. TERM CARE OF VETERANS. erans under the pilot programs under this SEC. 103. PILOT PROGRAM RELATING TO AS- (a) IN GENERAL.—The Secretary of Vet- subsection shall be made by the Department SISTED LIVING SERVICES. erans Affairs shall carry out three pilot pro- to the extent that payment for such services (a) IN GENERAL.—The Secretary of Vet- grams for the purpose of determining the is not otherwise provided by another govern- erans Affairs shall carry out a pilot program feasibility and practicability of a variety of ment or non-government entity. for the purpose of determining the feasibility methods of meeting the long-term care needs (g) DATA COLLECTION.—As part of the pilot and practicability of providing assisted liv- of eligible veterans. The pilot programs shall programs under this section, the Secretary ing services to eligible veterans. The pilot be carried out in accordance with the provi- shall collect data regarding— program shall be carried out in accordance sions of this section. (1) the cost-effectiveness of such programs with this section. (b) LOCATIONS OF PILOT PROGRAMS.—(1) and of other activities of the Department for (b) LOCATION.—The pilot program under Each pilot program under this section shall purposes of meeting the long-term care needs this section shall be carried out at a des- be carried out in two designated health care of eligible veterans, including any cost ad- ignated health care region of the Depart- regions of the Department of Veterans Af- vantages under such programs and activities ment of Veterans Affairs selected by the Sec- fairs selected by the Secretary for purposes when compared with the Medicare program, retary for purposes of this section. of this section. Medicaid program, or other Federal program (c) SCOPE OF SERVICES.—(1) Subject to (2) In selecting designated health care re- serving similar populations; paragraph (2), the Secretary shall provide as- gions of the Department for purposes of a (2) the quality of the services provided sisted living services under the pilot pro- particular pilot program, the Secretary under such programs and activities; gram to eligible veterans. shall, to the maximum extent practicable, (3) the satisfaction of participating vet- (2) Assisted living services may not be pro- select designated health care regions con- erans, non-Department, and non-Government vided under the pilot program to a veteran taining a medical center or medical centers entities with such programs and activities; eligible for care under section 1710(a)(3) of whose current circumstances and activities and title 38, United States Code, unless such vet- most closely mirror the circumstances and (4) the effect of such programs and activi- eran agrees to pay the United States an activities proposed to be achieved under such ties on the ability of veterans to carry out amount equal to the amount determined in pilot program. basic activities of daily living over the accordance with the provisions of section (3) The Secretary may not carry out more course of such veterans’ participation in 1710(f) of such title. than one pilot program in any given des- such programs and activities. (3) Assisted living services may also be pro- ignated health care region of the Depart- (h) REPORT.—(1) Not later than six months vided under the pilot program to the spouse ment. after the completion of the pilot programs of an eligible veteran if— (c) SCOPE OF SERVICES UNDER PILOT PRO- under subsection (i), the Secretary shall sub- (A) such services are provided coinciden- GRAMS.—(1) The services provided under the mit to Congress a report on the health serv- tally with the provision of identical services pilot programs under this section shall in- ices and other services furnished by the De- to the veteran under the pilot program; and

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10623 (B) such spouse agrees to pay the United Business will hold a hearing entitled please contact Lee Blalack of the Sub- States an amount equal to the cost, as deter- ‘‘Slotting: Fair to Small Business & committee staff at 224–3721. mined by the Secretary, of the provision of Consumers?’’ The hearing will be held COMMITTEE ON ENERGY AND NATURAL such services. on Tuesday, September 14, 1999, begin- RESOURCES (d) REPORTS.—(1) The Secretary shall an- nually submit to Committees on Veterans’ ning at 9:30 a.m. in room 608 Dirksen Mr. CRAIG. Mr. President, I would Affairs of the Senate and the House of Rep- Senate Office Building. like to announce for the public that a resentatives a report on the pilot program For further information, please con- hearing has been scheduled before the under this section. The report shall include a tact either Paul Cooksey or Paul Subcommittee on Forests and Public detailed description of the activities under Conlon at 224–5175. Land Management of the Senate Com- the pilot program during the one-year period SUBCOMMITTEE ON ENERGY RESEARCH, mittee on Energy and Natural Re- ending on the date of the report and such DEVELOPMENT, PRODUCTION AND REGULATION sources. other matters as the Secretary considers ap- Mr. NICKLES. Mr. President, I would propriate. The hearing will take place Thurs- (2)(A) In addition to the reports required like to announce that a subcommittee day, September 16, 1999 at 2:30 p.m. in by paragraph (1), not later than 90 days be- hearing has been scheduled before the room SD–366 of the Dirksen Senate Of- fore concluding the pilot program under this Subcommittee on Energy Research, fice Building in Washington, D.C. section, the Secretary shall submit to the Development, Production and Regula- The purpose of this hearing is to re- committees referred to in that paragraph a tion. ceive testimony on the Administra- final report on the pilot program. The hearing will take place Tuesday, tion’s Northwest Forest Plan. (B) The report on the pilot program under September 14, 1999, at approximately Those who wish to submit written this paragraph shall include the following: 10:30 a.m. (or immediately following (i) An assessment of the feasibility and statements should write to the Com- practicability of providing assisted living the 9:30 Full Committee hearing) in mittee on Energy and Natural Re- services for veterans and their spouses. room SD–366 of the Dirksen Senate Of- sources, U.S. Senate, Washington, D.C. (ii) A financial assessment of the pilot pro- fice Building in Washington, D.C. 20510. For further information, please gram, including a management analysis, The purpose of this hearing is to re- call Mark Rey at (202) 224–6170. cost-benefit analysis, Department cash-flow ceive testimony on S. 1051, a bill to COMMITTEE ON ENERGY AND NATURAL analysis, and strategic outlook assessment. amend the Energy Policy and Con- RESOURCES (iii) Recommendations, if any, regarding servation Act to manage the Strategic an extension of the pilot program, including Mr. CRAIG. Mr. President, I would Petroleum Reserve more effectively, like to announce for the public that a recommendations regarding the desirability and for other purposes. of authorizing or requiring the Secretary to hearing has been scheduled before the Those who wish to testify or to sub- seek reimbursement for the costs of the Sec- Subcommittee on Forests and Public mit written testimony should write to retary in providing assisted living services in Land Management of the Senate Com- the Committee on Energy and Natural order to reduce demand for higher-cost nurs- mittee on Energy and Natural Re- Resources, U.S. Senate, Washington, ing home care under the pilot program. sources. (iv) Any other information or rec- D.C. 20510. Presentation of oral testi- The hearing will take place Thurs- ommendations that the Secretary considers mony is by Committee invitation only. day, September 30, 1999 at 2:30 p.m. in appropriate regarding the pilot program. For further information, please contact room SD–366 of the Dirsken Senate Of- (e) DURATION.—(1) The Secretary shall Jo Meuse or Brian Malnak at (202) 224– commence carrying out the pilot program re- fice Building in Washington, D.C. 6730. quired by this section not later than 90 days The purpose of this hearing is to re- after the date of the enactment of this Act. COMMITTEE ON ENERGY AND NATURAL ceive testimony on S. 1457, Forest Re- RESOURCES (2) The authority of the Secretary to pro- sources for the Environment and the vide services under the pilot program shall Mr. MURKOWSKI. Mr. President, I Economy Act. cease on the date that is three years after would like to announce for the infor- Those who wish to submit written the date of the commencement of the pilot mation of the Senate and the public statements should write to the Com- program under paragraph (1). that a full committee hearing has been (f) DEFINITIONS.—In this section: mittee on Energy and Natural Re- scheduled before the Committee on En- (1) ELIGIBLE VETERAN.—The term ‘‘eligible sources, U.S. Senate, Washington, D.C. veteran’’ means the following: ergy and Natural Resources. The hearing will take place on 20510. For further information, please (A) Any veteran eligible to receive hospital call Mark Rey at (202) 224–6170. care and medical services under section Wednesday, September 15, 1999, at 10:00 1710(a)(1) of title 38, United States Code. a.m. in room SD–366 of the Dirksen f (B) Any veteran (other than a veteran de- Senate Office Building in Washington, scribed in subparagraph (A)) if the veteran is AUTHORITY FOR COMMITTEE TO DC. MEET enrolled in the system of annual patient en- The purpose of this hearing is to con- rollment under section 1705 of title 38, sider the nominations of Sylvia Baca COMMITTEE ON FOREIGN RELATIONS United States Code. to be Assistant Secretary of the Inte- Mr. THOMAS. Mr. President, I ask (2) ASSISTED LIVING SERVICES.—The term ‘‘assisted living services’’ means services rior for Land and Minerals Manage- unanimous consent that the Senate which provide personal care, activities, ment, David Hayes to be Deputy Sec- Foreign Relations Committee be au- health-related care, supervision, and other retary of the Interior, and Ivan Itkin thorized to meet during the session of assistance on a 24-hour basis within a resi- to be Director of the Department of the Senate on September 8, 1999 at 2:00 dential or similar setting which— Energy’s Office of Civilian Radioactive p.m. to hold a closed full committee (A) maximizes flexibility in the provision Waste Management. briefing. of such care, activities, supervision, and as- For further information, please con- The PRESIDING OFFICER. Without sistance; tact David Dye of the Committee staff objection, it is so ordered. (B) maximizes the autonomy, privacy, and independence of an individual; and at (202) 224–0624. f (C) encourages family and community in- SUBCOMMITTEE ON INVESTIGATIONS volvement with the individual. Ms. COLLINS. Mr. President, I would ADDITIONAL STATEMENTS On page 85, between lines 4 and 5, insert like to announce for the information of the following: the Senate and the public that the Per- (4) Renovations and environmental im- manent Subcommittee on Investiga- JOHN W. SMART, NATIONAL provements at the Department of Veterans tions of the Committee on Govern- COMMANDER IN CHIEF OF VFW Affairs Medical Center, Atlanta, Georgia, in ∑ an amount not to exceed $12,400,000. mental Affairs, will hold a hearing en- Mr. GREGG. Mr. President, I ask my On page 85, line 9, strike ‘‘$213,100,000’’ and titled ‘‘Day Trading: An Overview.’’ fellow senators to join me in offering insert ‘‘$225,500,000’’. This Subcommittee hearing will focus congratulations to John W. Smart of f on the practices and operations of the Nashua, New Hampshire, who is to be securities day trading industry. installed this month as National Com- NOTICES OF HEARINGS The hearing will take place on Thurs- mander-in-Chief of the Veterans of COMMITTEE ON SMALL BUSINESS day, September 16, 1999, at 9:30 a.m., in Foreign Wars of the United States in Mr. BOND. Mr. President, I wish to Room 628 of the Dirksen Senate Office this the 100th Anniversary of the orga- announce that the Committee on Small Building. For further information, nization’s founding.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10624 CONGRESSIONAL RECORD — SENATE September 8, 1999 John Smart’s election to this posi- 1999 Grand Marshal of the Essex-West eral Howe’s army occupied Philadel- tion is only the latest in a long and dis- Hudson Labor Council AFL–CIO Labor phia, our early government, the Conti- tinguished career in service to our Day March and Observance. The Labor nental Congress, was first moved to country and to his fellow veterans. Mr. Council is proud to honor Bill for his Lancaster, Pennsylvania. After one Smart served in the United States lifetime dedication to working families day, the Continental Congress sought Army from October 1970 to April 1973, in the New Jersey Labor Movement, to place further distance between it in Vietnam, where he was assigned to and especially Ironworkers Local 11. It and the British, so it crossed the Sus- the 176th Assault Helicopter Company is a pleasure for me to be able to honor quehanna river at Wrights’ Ferry and (American Division) at Chu Lai. His his accomplishments. resumed session in the Colonial Court- meritorious service was recognized Bill Mullen served in the United house in Center Square, York. with the Republic of Vietnam Cam- States Army during 1967 and 1968, and Mr. President, it was during the time paign Medal, a Vietnam Service Medal was stationed in Korea. He was later that the York hosted our nation’s gov- with four stars and a Presidential Unit discharged with the rank of Sergeant. ernment that the Marquis de Lafayette Citation. Returning to New Jersey, Bill com- made the famous ‘‘toast that saved the While serving in Vietnam, he joined pleted his apprenticeship, and worked nation.’’ With this toast, Lafayette VFW Post #2181 in Exeter, New Hamp- as an Ironworker, Shop Steward, Jour- proclaimed his continued support for, shire. Following his return from mili- neyman, Foreman, and Superintendent and espoused the attributes of, General tary service in 1973, he moved quickly for various construction companies Washington at a time when certain fac- through the VFW Department of New throughout the state. tions were calling for the General to be Hampshire chairs and earned recogni- For over thirty years Bill has been replaced. This toast has been credited tion as an All-American Department an active member in the labor move- as saving George Washington’s position Commander during the 1981–82 year. In ment. In 1981, Bill was elected by his as our first Commander in Chief. It was 1983 he served as Chairman of the Na- fellow colleagues to be the Vice Presi- also during the time that the Conti- tional Youth Activities Committee and dent of Ironworkers Local 11, and later nental Congress convened in York that from 1991–1993 as Chairman of the Na- became President in 1989. He has also it adopted the Articles of Confed- tional Buddy Poppy Committee. In 1995 served as Trustee of the Ironworkers of eration. This important document was he was appointed to the position of Na- Northern New Jersey District Council the precursor to the Constitution and tional Chief of Staff. Pension Fund and an active member of marked the first use of the term Mr. Smart served his community of the New Jersey Alliance for Action. ‘‘United States of America.’’ Nashua as a firefighter, retiring after Currently, he serves as President of the Mr. President, the people of York 21 years. He has served as VFW New Essex County Building and Construc- County are proud of their history and Hampshire Department Adjutant/Quar- tion Trades Council, an organization their traditions. I am proud to join termaster since 1985. He is a Life Mem- with 17 affiliates that represents over York in this celebration and ask my ber of VFW Post #483 in Nashua and in 12,000 craftmembers throughout Essex colleagues to join me in congratulating addition to his service to the VFW he County, New Jersey. Bill is a com- York on its 250th anniversary.∑ holds membership in the Military mitted worker, colleague, and leader f Order of the Cooties, American Legion, who exemplifies the best of New Jersey RETIREMENT OF LIEUTENANT Elks, Retired Firefighters Association Labor Leaders. and the US Army Association. He has It gives me great pleasure to recog- GENERAL PATRICK M. HUGHES served as Chairman of the Board of nize a leader of great stature in New ∑ Mr. BAUCUS. Mr. President, I rise Managers of the New Hampshire Vet- Jersey’s labor community. Through today to bring to the attention of Sen- erans Home since 1987 and has served these years, fighting for the cause of ators the retirement of Lieutenant as a New Hampshire State Representa- working men and women, Bill has been General Patrick M. Hughes of the tive. known to stand on principle, loyalty, United States Army. A native of Great John Smart is the first member of and hard work. It is with pride that I Falls Montana, I am proud that one of the Department of New Hampshire Vet- honor Bill on his selection as Grand our native sons has made such a vital erans of Foreign Wars to be elected to Marshal.∑ contribution to the defense of this the office of National Commander-in- f great country, through a military ca- Chief. I can think of no New Hampshire reer spanning nearly 40 years. citizen more dedicated to his country TRIBUTE TO YORK COUNTY, The recipient of many military and to the cause of assisting his fellow PENNSYLVANIA awards and honors, including the De- veterans. His wife, Mary, his two chil- ∑ Mr. SANTORUM. Mr. President, this fense Distinguished Service Medal, the dren, John R. and Cheryl, and his five year marks the 250th anniversary of Silver Star, the Purple Heart and the grandchildren have reason for great York County, Pennsylvania. Today, I Bronze Star, General Hughes has been pride in this husband, father and rise to recognize the establishment and a valuable friend to me and the people grandfather who has so ably contrib- storied history of this county which he has served in his distinguished ca- uted his time and efforts toward the contributed greatly to the founding of reer. service of others. I have been honored our Nation. Although we have come to expect to work with John Smart over my Established in 1749, York had for- people of high caliber and dedication in years here in the Senate, while serving merly been a part of neighboring Lan- our armed forces, General Hughes’s as Governor in New Hampshire and ear- caster County. The citizens of York service has been exceptional. Most re- lier in the House of Representatives. I had petitioned for their own county so cently assigned as the Director for In- commend him to the Senate and know that they could establish a courthouse telligence, J2, the Joint Staff, General you will join me in extending to him in closer proximity to their jail. With Hughes began his military career in and his family our congratulations, our the granting of the petition, York be- 1962. Following completion of his en- thanks for his past accomplishments came the first county in Pennsylvania listment in 1965, he attended Montana and continuing service and our best west of the Susquehanna River and the State University, where he graduated wishes during his year of service as the fifth county in Pennsylvania overall. in 1968. He was then commissioned in Veterans of Foreign Wars of the United Since that time, the county has devel- the U.S. Army infantry, and served two States Commander-in-Chief.∑ oped rich and dynamic civic, social, po- tours in Vietnam. He commanded sev- f litical and economic institutions, in- eral military intelligence (MI) detach- cluding both durable agricultural and ments, an MI battalion, an MI brigade TRIBUTE TO BILL MULLEN, 1999 industrial bases, and serves as a model and the Army Intelligence Agency. He GRAND MARSHAL OF THE LABOR for communities across the Common- also served in senior staff positions, in- DAY MARCH wealth and the Nation. cluding a tour as the J2 of the U.S. ∑Mr. TORRICELLI. Mr. President, I Mr. President, from September 1777 Central Command. rise today in recognition of Mr. Bill through June 1778, York served as the Throughout his distinguished career, Mullen, who has been chosen as the capital of our Nation. As British Gen- General Hughes’s tireless and sincere

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10625 dedication to the men and women in and represents the millions of Ameri- Pennsylvania and throughout the uniform has vastly improved their cans who served our country with pride country.∑ quality of life and mission readiness. and distinction. One of the best ways f As he retires from the United States we can honor Bob’s memory is to work DEATH OF CLIF LEAR Army, he will leave behind a tremen- diligently to ensure that the promises dous legacy. made by our government to all vet- ∑ Mr. BINGAMAN. Mr. President, sev- Mr. President, General Hughes is a erans are kept. eral weeks ago Cibola County in New great credit to the Army and the Na- I would like to close by saying— Mexico lost one of its leading citizens tion. I salute him for his many years of thank you, Bob. Your outstanding atti- when Clif Lear of Grants died of can- selfless service to our country, and tude and unselfish lifestyle are an in- cer. offer my gratitude to him, his wife spiration to the people of our State. A businessman, he took public serv- Karlene and their sons, Barry and You attained the goal all men strive ice very seriously and served over the Chad, on the occasion of his retirement for, in that, you left the world a better years as a city councilman and as the from the United States Army. I know I place for all of us.∑ city manager. His contributions to eco- speak for the people of my state when f nomic development in an area hit hard I say that I am proud of General when the mines closed made a huge dif- Hughes; I know that I speak for all COLCHESTER LIONS CLUB ference to the people of Cibola County, Americans when I say that he will be ∑ Mr. LIEBERMAN. Mr. President, I as he worked tirelessly to attract new missed.∑ rise today to honor the Colchester initiatives and new projects. f Lions Club of Colchester, CT. On Octo- His wife and three daughters have ber 30, they will be celebrating their the sympathy and appreciation of us A TRIBUTE TO BOB FERRELL 50th anniversary of service to the all who are grateful for Clif’s life and ∑ Mr. ROCKEFELLER. Mr. President, I Colchester community. the effort he made to make his corner would like to take this opportunity to The Colchester Lions Club was estab- of New Mexico better.∑ recognize a great patriot from my won- lished on August 2, 1949, and through f derful State of West Virginia, Mr. Rob- the support of area residents, they SENATE WILDERNESS AND PUBLIC ert ‘‘Bob’’ Ferrell. Bob retired from the have reached out to assist many mem- LANDS CAUCUS U.S. Air Force with more than 21 years bers of the community. The Lions Club of active duty service. He bravely has lent its support to such worthwhile ∑ Mr. MCCAIN. Mr. President, I proud- served his country during the Vietnam local causes as the D.A.R.E. Program ly join my colleagues as a founding conflict on the C–130 Spectre Gunship for schools, academic scholarships for member of this newly created Senate as a gunner and instructor gunner. local students, and area food banks, Wilderness and Public Lands Caucus. I Over the course of many years of serv- and senior centers. They also have congratulate my friend, Senator FEIN- ice, the Air Force honored Bob with reached far beyond the Town of GOLD, for his bold spirit and commit- numerous prestigious awards, includ- Colchester by raising funds for organi- ment to the active protection of our ing the coveted Distinguished Flying zations such as the Fidelco Guide Dog public lands. I accepted Senator FEIN- Cross. Foundation and Lions Clubs Inter- GOLD’s invitation to participate in this After completing his tour in Viet- national. new Caucus because we share a respon- nam, Bob returned to his lifelong home As the Colchester Lions Club has sibility to protect the natural re- of Logan County, and began the hard grown over the years, their numerous sources that sustain our world and work of a coal miner to support his good works have touched many lives grace the quality of our lives. family. Bob was an exemplary citizen and demonstrated the true value of vol- On this day, we commemorate the and participated in many community unteerism. The people of Connecticut success of the 1964 Wilderness Act with activities. He was a lifetime member of thank the Colchester Lions Club and a renewed commitment to responsible the American Legion and the Veterans all its members for their service, dedi- preservation. More than 35 years since of Foreign Wars. After retiring from cation, and contribution to our State.∑ the Act’s passage, Americans can more the mines in the mid 1980’s, Bob trav- f readily cherish and enjoy pristine lands eled all over our State seeking the op- in their natural state, unencumbered portunity to speak to our school chil- IN RECOGNITION OF THE NORTH by growth and development. An impor- dren about the importance of service to CATHOLIC GIRLS BASKETBALL tant goal of this new Caucus is the de- our country and to our state. TEAM sire to improve our process for making A devoted husband and father, Bob ∑ Mr. SANTORUM. Mr. President, I important land management decisions raised four wonderful and productive rise today to recognize the North impacting our public lands. children, two boys and two girls. The Catholic Girls Basketball team for Developing consensus policy for pub- example he set for his sons resulted in their 25 years of outstanding accom- lic lands protection is of particular ne- both of them following in his footsteps plishments. cessity and importance for western and enlisting in the armed forces. The Over the past 25 years, the team has states. In Arizona, more than 80 per- eldest, Mike, is serving in the 101st Air- earned a record of 671 wins and 100 cent of lands are held in public owner- borne division of Fort Campbell, KY, losses. Coach Don Barth, the team’s ship, with 4.5 million acres designated and Steve is a full-time member of the coach during their first 23 years, took as wilderness. Arizonans enjoy wilder- West Virginia Army National Guard. the team to the WPIAL championship ness in such places as the Superstition His daughters also are respected mem- game 21 times. Last year, the team Mountains, Cabeza Prieta, Baboquivari bers of their communities. The oldest, again went to the championship game Peak and the Red Rock Secret Moun- LaRue, is a chiropractor, and her under their current coach, Molly tain. younger sister, Anitra, is a loving Larkin Rothman. Many more difficult land manage- mother and housewife. Among the team’s other accomplish- ment decisions will require our Bob passed away in May of this year, ments, they have won the state cham- thoughtful consideration. For example, and was buried, so appropriately, on pionships seven times, the conference the state of Arizona has grappled for the day which commemorates the lives championship 25 times, and they hold more than ten years over the question of all those who sacrificed so much for the record for the longest winning of wilderness suitability for the state’s our nation, Memorial Day. Mr. Presi- streak with 56 wins between 1987 and largest national park, the Grand Can- dent, as you know, I am the ranking 1989. yon National Park. Arizonans are still member of the Senate Committee on Mr. President, I ask my colleagues to engaged in deliberations of this impor- Veterans’ Affairs, and I take great join with me in congratulating the tant decision, as well as determining pride in recognizing this wonderful and North Catholic Girls Basketball team appropriate land management deci- patriotic man from my state of West on their outstanding accomplishments sions for other areas in our state. Virginia. Bob was one of more than over the past 25 years. They have pro- Each of us is well aware that public 200,000 veterans from my home State, vided an excellent example for youth in land management is divisive and, if not

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10626 CONGRESSIONAL RECORD — SENATE September 8, 1999 carefully developed, can usually result sales of environmental license plates. other assistance for poisonings or accidental in unfair games of give-and-take be- That initiative resulted in the protec- exposures. tween land-users and conservationists. tion of more than 5000 acres of threat- (c) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to A fine balance between competing ened lands. carry out this section, $2,000,000 for each of users has proved to be possible, and it I am proud to join my colleagues in the fiscal years 2000 through 2004. Funds ap- is this balance toward which we must the Senate in starting the Wilderness propriated under this subsection shall not be strive. I am joining with my colleagues and Public Lands Caucus and carrying used to fund any toll-free phone number de- in this Caucus because I believe that forward the tradition of stewardship of scribed in subsection (b). any decisions we make in the Congress federal lands reflected in the Wilder- SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA ness Act of 1964. I would like to thank CAMPAIGN. for public land policy should heed the (a) IN GENERAL.—The Secretary shall es- spirit of bipartisanship, promote the Senator FEINGOLD in particular for his tablish a national media campaign to edu- ethics of stewardship and multiple use, leadership and dedication to this issue. cate the public and health care providers and protect individual rights. In gen- We have the obligation and the op- about poison prevention and the availability eral, we must ensure that all view- portunity to protect the natural herit- of poison control resources in local commu- points on land-use issues are given fair age that belongs to all Americans. The nities and to conduct advertising campaigns opportunity to be heard. Wilderness and Public Lands Caucus concerning the nationwide toll-free number established under section 4. We should find our inspiration in the will be an important asset in pursuing (b) CONTRACT WITH ENTITY.—The Secretary example of a hero of mine, and a that goal by providing support and edu- may carry out subsection (a) by entering statesman of the highest virtue, Mo cation regarding federal land manage- into contracts with 1 or more nationally rec- Udall, whose grace and wisdom should ment and wilderness areas.∑ ognized media firms for the development and distribution of monthly television, radio, inspire every American. Mo once f taught a freshman Congressman from and newspaper public service announce- PROVIDING ASSISTANCE FOR POI- ments. the other side of the aisle a valuable SON PREVENTION AND FUNDING (c) AUTHORIZATION OF APPROPRIATIONS.— lesson. He reached across party lines to OF REGIONAL POISON CENTERS— There is authorized to be appropriated to enlist me in the effort to tackle envi- carry out this section, $600,000 for each of the S. 632 ronmental problems in our home state. fiscal years 2000 through 2004. Mo’s faith in the pursuit of coopera- On August 5, 1999, the Senate passed SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM. tion and consensus enabled us to enact S. 632, as follows: (a) REGIONAL POISON CONTROL CENTERS.— landmark legislation placing 3.5 mil- S. 632 The Secretary shall award grants to certified regional poison control centers for the pur- lion acres of pristine Arizona lands Be it enacted by the Senate and House of Rep- poses of achieving the financial stability of into the Wilderness Preservation Sys- resentatives of the United States of America in such centers, and for preventing and pro- tem. Contrary to the predictions of Congress assembled, viding treatment recommendations for naysayers and competing political in- SECTION 1. SHORT TITLE. poisonings. terests, Mo Udall brought the Arizona This Act may be cited as the ‘‘Poison Con- (b) OTHER IMPROVEMENTS.—The Secretary congressional delegation together with trol Center Enhancement and Awareness shall also use amounts received under this Act’’. section to— broad support from the public. This (1) develop standard education programs; was no simple task, but it worked, and SEC. 2. FINDINGS. Congress makes the following findings: (2) develop standard patient management Mo Udall demonstrated to his col- (1) Each year more than 2,000,000 protocols for commonly encountered toxic leagues and constituents a successful poisonings are reported to poison control exposures; formula for bringing together people of centers throughout the United States. More (3) improve and expand the poison control good faith and different perspectives to than 90 percent of these poisonings happen in data collection systems; achieve a common purpose. the home. 53 percent of poisoning victims are (4) improve national toxic exposure sur- This new Caucus gives us an oppor- children younger than 6 years of age. veillance; and tunity to uphold our commitment to (2) Poison control centers are a valuable (5) expand the physician/medical toxi- national resource that provide life-saving cologist supervision of poison control cen- responsible preservation while pro- ters. tecting the rights of all Americans for and cost-effective public health services. For every dollar spent on poison control centers, (c) CERTIFICATION.—Except as provided in public use of lands. I encourage our col- $7 in medical costs are saved. The average subsection (d), the Secretary may make a leagues, of all minds on this issue, to cost of a poisoning exposure call is $32, while grant to a center under subsection (a) only if— join in the Caucus so that our rec- the average cost if other parts of the medical (1) the center has been certified by a pro- ommendations and discussions can be system are involved is $932. Over the last 2 fessional organization in the field of poison fully representative of all interested decades, the instability and lack of funding control, and the Secretary has approved the ∑ has resulted in a steady decline in the num- parties. organization as having in effect standards ber of poison control centers in the United ∑ Mr. BAYH. Mr. President, I rise for certification that reasonably provide for States. Within just the last year, 2 poison today to express my great pride in be- the protection of the public health with re- control centers have been forced to close be- coming a founding member of the spect to poisoning; or cause of funding problems. A third poison (2) the center has been certified by a State newly-formed Senate Wilderness and control center is scheduled to close in April government, and the Secretary has approved Public Lands Caucus. The protection of 1999. Currently, there are 73 such centers. the State government as having in effect public lands is critical to the preserva- (3) Stabilizing the funding structure and standards for certification that reasonably tion of our national heritage, the pro- increasing accessibility to poison control provide for the protection of the public centers will increase the number of United tection of our environmental health health with respect to poisoning. States residents who have access to a cer- and the endurance of the American tra- (d) WAIVER OF CERTIFICATION REQUIRE- tified poison control center, and reduce the dition of respect for natural resources. MENTS.— inappropriate use of emergency medical In September of 1964, the Wilderness (1) IN GENERAL.—The Secretary may grant services and other more costly health care a waiver of the certification requirement of Protection Act was passed. It was a services. landmark in public land protection, es- subsection (c) with respect to a noncertified SEC. 3. DEFINITION. poison control center or a newly established tablishing that some lands managed by In this Act, the term ‘‘Secretary’’ means the federal government should be pre- center that applies for a grant under this the Secretary of Health and Human Services. section if such center can reasonably dem- served as wilderness for the benefit of SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL- onstrate that the center will obtain such a all Americans. My father was among FREE NUMBER. certification within a reasonable period of the Senators who worked to pass that (a) IN GENERAL.—The Secretary shall pro- time as determined appropriate by the Sec- legislation. vide coordination and assistance to regional retary. Today, wilderness areas are under poison control centers for the establishment (2) RENEWAL.—The Secretary may only even greater pressure from increasing of a nationwide toll-free phone number to be renew a waiver under paragraph (1) for a pe- development and expansion. As Gov- used to access such centers. riod of 3 years. (b) RULE OF CONSTRUCTION.—Nothing in (e) SUPPLEMENT NOT SUPPLANT.—Amounts ernor of Indiana, I worked to protect this section shall be construed as prohibiting made available to a poison control center state lands by establishing the Indiana the establishment or continued operation of under this section shall be used to supple- Heritage Trust, which preserved sen- any privately funded nationwide toll-free ment and not supplant other Federal, State, sitive areas with the proceeds from phone number used to provide advice and or local funds provided for such center.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10627

(f) MAINTENANCE OF EFFORT.—A poison con- viders and emergency dispatch providers; the release to a PSAP, emergency medical trol center, in utilizing the proceeds of a public safety, fire service and law enforce- service provider or emergency dispatch pro- grant under this section, shall maintain the ment officials; transportation officials, and vider, public safety, fire service or law en- expenditures of the center for activities of hospital emergency and trauma care facili- forcement official, or hospital emergency or the center at a level that is not less than the ties. trauma care facility of subscriber informa- level of such expenditures maintained by the (b) PURPOSE.—The purpose of this Act is to tion related to emergency calls or emer- center for the fiscal year preceding the fiscal encourage and facilitate the prompt deploy- gency services. year for which the grant is received. ment throughout the United States of a (b) USER PARITY.—A person using wireless (g) MATCHING REQUIREMENT.—The Sec- seamless, ubiquitous, and reliable end-to-end 9–1–1 service shall have immunity or other retary may impose a matching requirement infrastructure for communications, includ- protection from liability of a scope and ex- with respect to amounts provided under a ing wireless communications, to meet the tent that is not less than the scope and ex- grant under this section if the Secretary de- Nation’s public safety and other communica- tent of immunity or other protection from termines appropriate. tions needs. liability under applicable law in similar cir- cumstances of a person using 9–1–1 service (h) AUTHORIZATION OF APPROPRIATIONS.— SEC. 3. UNIVERSAL EMERGENCY TELEPHONE that is not wireless. There is authorized to be appropriated to NUMBER. (c) PSAP PARITY.—In matters related to carry out this section, $25,000,000 for each of (a) ESTABLISHMENT OF UNIVERSAL EMER- wireless 9–1–1 communications, a PSAP, and the fiscal years 2000 through 2004. GENCY TELEPHONE NUMBER.—Section 251(e) of its employees, vendors, agents, and author- f the Communications Act of 1934 (47 U.S.C. izing government entity (if any) shall have E–911 ACT OF 1999 251(e)) is amended by adding at the end the immunity or other protection from liability following new paragraph: of a scope and extent that is not less than On August 5, 1999, the Senate passed ‘‘(3) UNIVERSAL EMERGENCY TELEPHONE the scope and extent of immunity or other S. 800, as follows: NUMBER.—The Commission and any agency protection from liability under applicable S. 800 or entity to which the Commission has dele- law accorded to such PSAP, employees, ven- gated authority under this subsection shall dors, agents, and authorizing government en- Be it enacted by the Senate and House of Rep- designate 9–1–1 as the universal emergency tity, respectively, in matters related to 9–1– resentatives of the United States of America in telephone number within the United States 1 communications that are not wireless. Congress assembled, for reporting an emergency to appropriate (d) BASIS FOR ENACTMENT.—This section is SECTION 1. SHORT TITLE. authorities and requesting assistance. The enacted as an exercise of the enforcement This Act may be cited as the ‘‘Wireless designation shall apply to both wireline and power of the Congress under section 5 of the Communications and Public Safety Act of wireless telephone service. In making the Fourteenth Amendment to the Constitution 1999’’. designation, the Commission (and any such and the power of the Congress to regulate SEC. 2. FINDINGS AND PURPOSE. agency or entity) shall provide appropriate commerce with foreign nations, among the (a) FINDINGS.—The Congress finds that— transition periods for areas in which 9–1–1 is several States, and with Indian tribes. (1) the establishment and maintenance of not in use as an emergency telephone num- SEC. 5. AUTHORITY TO PROVIDE CUSTOMER IN- an end-to-end communications infrastruc- ber on the date of enactment of the Wireless FORMATION. ture among members of the public, emer- Communications and Public Safety Act of Section 222 of the Communications Act of gency safety, fire service and law enforce- 1999.’’. 1934 (47 U.S.C. 222) is amended— ment officials, emergency dispatch pro- (b) SUPPORT.—The Federal Communica- (1) in subsection (d)— (A) by striking ‘‘or’’ at the end of para- viders, transportation officials, and hospital tions Commission shall encourage and sup- graph (2); emergency and trauma care facilities will re- port efforts by States to deploy comprehen- (B) by striking the period at the end of duce response times for the delivery of emer- sive end-to-end emergency communications paragraph (3) and inserting a semicolon and gency care, assist in delivering appropriate infrastructure and programs, based on co- ‘‘and’’; and care, and thereby prevent fatalities, substan- ordinated statewide plans, including seam- (C) by adding at the end the following: tially reduce the severity and extent of inju- less, ubiquitous, reliable wireless tele- ‘‘(4) to provide call location information ries, reduce time lost from work, and save communications networks and enhanced concerning the user of a commercial mobile thousands of lives and billions of dollars in wireless 9–1–1 service. In encouraging and service (as such term is defined in section health care costs; supporting that deployment, the Commission 332(d))— (2) the rapid, efficient deployment of emer- shall consult and cooperate with State and ‘‘(A) to a public safety answering point, gency telecommunications service requires local officials responsible for emergency emergency medical service provider or emer- statewide coordination of the efforts of local services and public safety, the telecommuni- gency dispatch provider, public safety, fire public safety, fire service and law enforce- cations industry (specifically including the service, or law enforcement official, or hos- ment officials, emergency dispatch pro- cellular and other wireless telecommuni- pital emergency or trauma care facility, in viders, and transportation officials; the es- cations service providers), the motor vehicle order to respond to the user’s call for emer- tablishment of sources of adequate funding manufacturing industry, emergency medical gency services; for carrier and public safety, fire service and service providers and emergency dispatch ‘‘(B) to inform the user’s legal guardian or law enforcement agency technology develop- providers, transportation officials, special 9– members of the user’s immediate family of ment and deployment; the coordination and 1–1 districts, public safety, fire service and the user’s location in an emergency situa- integration of emergency communications law enforcement officials, consumer groups, tion that involves the risk of death or seri- with traffic control and management sys- and hospital emergency and trauma care per- ous physical harm; or tems and the designation of 9–1–1 as the sonnel (including emergency physicians, ‘‘(C) to providers of information or data- number to call in emergencies throughout trauma surgeons, and nurses). The Commis- base management services solely for pur- the Nation; sion shall encourage each State to develop poses of assisting in the delivery of emer- (3) emerging technologies can be a critical and implement coordinated statewide de- gency services in response to an emer- component of the end-to-end communica- ployment plans, through an entity des- gency.’’. tions infrastructure connecting the public ignated by the governor, and to include rep- (2) by redesignating subsection (f) as sub- with emergency medical service providers resentatives of the foregoing organizations section (h) and by inserting the following and emergency dispatch providers, public and entities in development and implemen- tation of such plans. Nothing in this sub- after subsection (e): safety, fire service and law enforcement offi- ‘‘(f) AUTHORITY TO USE WIRELESS LOCATION section shall be construed to authorize or re- cials, and hospital emergency and trauma INFORMATION.—For purposes of subsection care facilities, to reduce emergency response quire the Commission to impose obligations (c)(1), without the express prior authoriza- times and provide appropriate care; or costs on any person. tion of the customer, a customer shall not be (4) improved public safety remains an im- SEC. 4. PARITY OF PROTECTION FOR PROVISION considered to have approved the use or dis- portant public health objective of Federal, OR USE OF WIRELESS SERVICE. closure of or access to— State, and local governments and substan- (a) PROVIDER PARITY.—A wireless carrier, ‘‘(1) call location information concerning tially facilitates interstate and foreign com- and its officers, directors, employees, ven- the user of a commercial mobile service (as merce; dors, and agents, shall have immunity or such term is defined in section 332(d)), other (5) emergency care systems, particularly in other protection from liability in a State of than in accordance with subsection (d)(4); or rural areas of the Nation, will improve with a scope and extent that is not less than the ‘‘(2) automatic crash notification informa- the enabling of prompt notification of emer- scope and extent of immunity or other pro- tion to any person other than for use in the gency services when motor vehicle crashes tection from liability that any local ex- operation of an automatic crash notification occur; and change company, and its officers, directors, system. (6) the construction and operation of seam- employees, vendors, or agents, have under ‘‘(g) SUBSCRIBER LISTED AND UNLISTED IN- less, ubiquitous, and reliable wireless tele- Federal and State law (whether through FORMATION FOR EMERGENCY SERVICES.—Not- communications systems promote public statute, judicial decision, tariffs filed by withstanding subsections (b), (c), and (d), a safety and provide immediate and critical such local exchange company, or otherwise) telecommunications carrier that provides communications links among members of applicable in such State, including in con- telephone exchange service shall provide in- the public; emergency medical service pro- nection with an act or omission involving formation described in subsection (i)(3)(A)

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10628 CONGRESSIONAL RECORD — SENATE September 8, 1999 (including information pertaining to sub- (ii) in paragraph (3) by striking ‘‘, or his and maintain files of information and lists of scribers whose information is unlisted or un- designee’’ and inserting ‘‘to represent the in- experts on related subjects that can be dis- published) that is in its possession or control terests of the Foundation’’; and in paragraph seminated on request; (including information pertaining to sub- (3) strike the word ‘‘chairman’’ and insert ‘‘(7) sponsor meetings of Federal agencies, scribers of other carriers) on a timely and the word ‘‘president’’; State and local governments, and private in- unbundled basis, under nondiscriminatory (iii) in paragraph (4) by striking ‘‘, or his dividuals and organizations for the purpose and reasonable rates, terms, and conditions designee’’ and inserting ‘‘to represent the in- of coordinating their activities in celebra- to providers of emergency services, and pro- terests of the 2003 Committee’’; tion of the centennial of flight; and viders of emergency support services, solely (iv) in paragraph (5) by inserting before the ‘‘(8) encourage organizations to publish for purposes of delivering or assisting in the period ‘‘and shall represent the interests of works related to the history of aviation.’’; delivery of emergency services.’’; such aeronautical entities’’; and (3) in section 6(a)— (3) by inserting ‘‘location,’’ after ‘‘destina- (v) in paragraph (6) by striking ‘‘, or his (A) in paragraph (2)— tion,’’ in subsection (h)(1)(A) (as redesig- designee’’; (i) by striking the first sentence; and nated by paragraph (2)); and (B) by striking subsection (f); (ii) in the second sentence— (4) by adding at the end of subsection (h) (C) by redesignating subsections (b) (I) by striking ‘‘the Federal’’ and inserting (as redesignated), the following: through (e) as subsections (c) through (f), re- ‘‘a Federal’’; and ‘‘(4) PUBLIC SAFETY ANSWERING POINT.—The spectively; and (II) by striking ‘‘the information’’ and in- term ‘public safety answering point’ means a (D) by inserting after subsection (a) the serting ‘‘information’’; and facility that has been designated to receive following: (B) in paragraph (3) by striking ‘‘section emergency calls and route them to emer- ‘‘(b) ALTERNATES.—Each member described 4(c)(2)’’ and inserting ‘‘section 4(d)(2)’’; gency service personnel. under subsection (a) may designate an alter- (4) in section 6(c)(1) by striking ‘‘the Com- ‘‘(5) EMERGENCY SERVICES.—The term nate who may act in lieu of the member to mission may’’ and inserting ‘‘the Adminis- ‘emergency services’ means 9–1–1 emergency the extent authorized by the member, in- trator of the National Aeronautics and Space services and emergency notification services. cluding attending meetings and voting.’’; Administration or the Administrator of the ‘‘(6) EMERGENCY NOTIFICATION SERVICES.— (2) in section 5— Federal Aviation Administration (or an em- The term ‘emergency notification services’ (A) in subsection (a)— ployee of the respective administration as means services that notify the public of an (i) by inserting ‘‘provide recommendations designated by either Administrator) may, on emergency. and advice to the President, Congress, and behalf of the Commission,’’; ‘‘(7) EMERGENCY SUPPORT SERVICES.—The Federal agencies on the most effective ways (5) in section 7— term ‘emergency support services’ means in- to’’ after ‘‘The Commission shall’’; (A) in subsection (a) in the first sentence— formation or data base management services (ii) by striking paragraph (1); and (i) by striking ‘‘There’’ and inserting ‘‘Sub- used in support of emergency services.’’. (iii) by redesignating paragraphs (2) ject to subsection (h), there’’; and through (7) as paragraphs (1) through (6), re- SEC. 6. DEFINITIONS. (ii) by inserting before the period ‘‘or rep- As used in this Act: spectively; resented on the Advisory Board under sec- (B) by redesignating subsection (b) as sub- (1) SECRETARY.—The term ‘‘Secretary’’ tion 12(b)(1) (A) through (E)’’; means the Secretary of Transportation. section (c) and inserting after subsection (a) (B) in subsection (b) by striking ‘‘The Com- the following: mission’’ and inserting ‘‘Subject to sub- (2) STATE.—The term ‘‘State’’ means any of ‘‘(b) INTERNATIONAL ACTIVITIES.—The Com- the several States, the District of Columbia, section (h), the Commission’’; mission may— or any territory or possession of the United (C) by striking subsection (g); ‘‘(1) advise the United States with regard States. (D) by redesignating subsection (h) as sub- to gaining support for and facilitating inter- section (g); and (3) PUBLIC SAFETY ANSWERING POINT; national recognition of the importance of (E) by adding at the end the following: PSAP.—The term ‘‘public safety answering aviation history in general and the centen- ‘‘(h) LIMITATION.—Each member of the point’’ or ‘‘PSAP’’ means a facility that has nial of powered flight in particular; and Commission described under section 4(a) (3), been designated to receive 9–1–1 calls and ‘‘(2) attend international meetings regard- (4), and (5) may not make personnel deci- route them to emergency service personnel. ing such activities as advisors to official sions, including hiring, termination, and set- (4) WIRELESS CARRIER.—The term ‘‘wireless United States representatives or to gain or ting terms and conditions of employment.’’; carrier’’ means a provider of commercial mo- provide information for or about the activi- (6) in section 9— bile services or any other radio communica- ties of the Commission.’’; and (A) in subsection (a)— tions service that the Federal Communica- (C) by adding at the end the following: (i) by striking ‘‘The Commission may’’ and tions Commission requires to provide wire- ‘‘(d) ADDITIONAL DUTIES.—The Commission inserting ‘‘After consultation with the Com- less 9–1–1 service. may— mission, the Administrator of the National (5) ENHANCED WIRELESS 9–1–1 SERVICE.—The ‘‘(1)(A) assemble, write, and edit a calendar Aeronautics and Space Administration term ‘‘enhanced wireless 9–1–1 service’’ of events in the United States (and signifi- may’’; and means any enhanced 9–1–1 service so des- cant events in the world) dealing with the (ii) by striking ‘‘its duties or that it’’ and ignated by the Federal Communications commemoration of the centennial of flight inserting ‘‘the duties under this Act or that Commission in the proceeding entitled ‘‘Re- or the history of aviation; the Administrator of the National Aero- vision of the Commission’s Rules to Ensure ‘‘(B) actively solicit event information; nautics and Space Administration’’; Compatibility with Enhanced 9–1–1 Emer- and (B) in subsection (b)— gency Calling Systems’’ (CC Docket No. 94– ‘‘(C) disseminate the calendar by printing (i) in the first sentence by striking ‘‘The 102; RM–8143), or any successor proceeding. and distributing hard and electronic copies Commission shall have’’ and inserting ‘‘After (6) WIRELESS 9–1–1 SERVICE.—The term and making the calendar available on a web consultation with the Commission, the Ad- ‘‘wireless 9–1–1 service’’ means any 9–1–1 page on the Internet; ministrator of the National Aeronautics and service provided by a wireless carrier, in- ‘‘(2) maintain a web page on the Internet Space Administration may exercise’’; and cluding enhanced wireless 9–1–1 service. for the public that includes activities related (ii) in the second sentence by striking (7) EMERGENCY DISPATCH PROVIDERS.—The to the centennial of flight celebration and ‘‘that the Commission lawfully adopts’’ and term ‘‘emergency dispatch providers’’ shall the history of aviation; inserting ‘‘adopted under subsection (a)’’; include governmental and nongovernmental ‘‘(3) write and produce press releases about and providers of emergency dispatch services. the centennial of flight celebration and the (C) by amending subsection (d) to read as f history of aviation; follows: CENTENNIAL OF FLIGHT ‘‘(4) solicit and respond to media inquiries ‘‘(d) USE OF FUNDS.— COMMEMORATION ACT OF 1999 and conduct media interviews on the centen- ‘‘(1) IN GENERAL.—Subject to paragraph (2), nial of flight celebration and the history of funds from licensing royalties received under On August 5, 1999, the Senate passed aviation; this section shall be used by the Commission S. 1072, as follows: ‘‘(5) initiate contact with individuals and to carry out the duties of the Commission S. 1072 organizations that have an interest in avia- specified by this Act. Be it enacted by the Senate and House of Rep- tion to encourage such individuals and orga- ‘‘(2) EXCESS FUNDS.—The Commission shall resentatives of the United States of America in nizations to conduct their own activities in transfer any portion of funds in excess of Congress assembled, celebration of the centennial of flight; funds necessary to carry out the duties de- SECTION 1. CENTENNIAL OF FLIGHT COMMIS- ‘‘(6) provide advice and recommendations, scribed under paragraph (1), to the National SION. through the Administrator of the National Aeronautics and Space Administration to be The Centennial of Flight Commemoration Aeronautics and Space Administration or used for the sole purpose of commemorating Act (36 U.S.C. 143 note; 112 Stat. 3486 et seq.) the Administrator of the Federal Aviation the history of aviation or the centennial of is amended— Administration (or any employee of such an powered flight.’’; (1) in section 4— agency head under the direction of that (7) in section 10— (A) in subsection (a)— agency head), to individuals and organiza- (A) in subsection (a)— (i) in paragraphs (1) and (2) by striking ‘‘or tions that wish to conduct their own activi- (i) in the first sentence, by striking ‘‘ac- his designee’’; ties in celebration of the centennial of flight, tivities of the Commission’’ and inserting

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10629 ‘‘actions taken by the Commission in fulfill- (B) impairs electronic commerce, which is use of the domain name by the domain name ment of the Commission’s duties under this important to interstate commerce and the registrant or the domain name registrant’s Act’’; United States economy; authorized licensee. (ii) in paragraph (3), by adding ‘‘and’’ after (C) deprives legitimate trademark owners ‘‘(2)(A) The owner of a mark may file an in the semicolon; of substantial revenues and consumer good- rem civil action against a domain name if— (iii) in paragraph (4), by striking the semi- will; and ‘‘(i) the domain name violates any right of colon and ‘‘and’’ and inserting a period; and (D) places unreasonable, intolerable, and the registrant of a mark registered in the (iv) by striking paragraph (5); and overwhelming burdens on trademark owners Patent and Trademark Office, or section 43 (B) in subsection (b)(1) by striking ‘‘activi- in protecting their valuable trademarks. (a) or (c); and ties’’ and inserting ‘‘recommendations’’; (2) Amendments to the Trademark Act of ‘‘(ii) the court finds that the owner has (8) in section 12— 1946 would clarify the rights of a trademark demonstrated due diligence and was not able (A) in subsection (b)— owner to provide for adequate remedies and to find a person who would have been a de- (i) in paragraph (1)— to deter cyberpiracy and cybersquatting. fendant in a civil action under paragraph (1). (I) in subparagraphs (A), (C), (D), and (E), SEC. 3. CYBERPIRACY PREVENTION. ‘‘(B) The remedies of an in rem action by striking ‘‘, or the designee of the Sec- (a) IN GENERAL.—Section 43 of the Trade- under this paragraph shall be limited to a retary’’; mark Act of 1946 (15 U.S.C. 1125) is amended court order for the forfeiture or cancellation (II) in subparagraph (B), by striking ‘‘, or by inserting at the end the following: of the domain name or the transfer of the do- the designee of the Librarian’’; and ‘‘(d)(1)(A) A person shall be liable in a civil main name to the owner of the mark.’’. (III) in subparagraph (F)— action by the owner of a trademark or serv- (b) ADDITIONAL CIVIL ACTION AND REM- (aa) in clause (i) by striking ‘‘government’’ ice mark if, without regard to the goods or EDY.—The civil action established under sec- and inserting ‘‘governmental entity’’; and services of the parties, that person— tion 43(d)(1) of the Trademark Act of 1946 (as (bb) by amending clause (ii) to read as fol- ‘‘(i) has a bad faith intent to profit from added by this section) and any remedy avail- lows: that trademark or service mark; and able under such action shall be in addition to ‘‘(ii) shall be selected among individuals ‘‘(ii) registers, traffics in, or uses a domain any other civil action or remedy otherwise who— name that— applicable. ‘‘(I) have earned an advanced degree re- ‘‘(I) in the case of a trademark or service SEC. 4. DAMAGES AND REMEDIES. lated to aerospace history or science, or have mark that is distinctive at the time of reg- (a) REMEDIES IN CASES OF DOMAIN NAME PI- actively and primarily worked in an aero- istration of the domain name, is identical or RACY.— space related field during the 5-year period confusingly similar to such mark; or (1) INJUNCTIONS.—Section 34(a) of the before appointment by the President; and ‘‘(II) in the case of a famous trademark or Trademark Act of 1946 (15 U.S.C. 1116(a)) is ‘‘(II) specifically represent 1 or more of the service mark that is famous at the time of amended in the first sentence by striking persons or groups enumerated under section registration of the domain name, is dilutive ‘‘section 43(a)’’ and inserting ‘‘section 43 (a), 5(a)(1).’’; and of such mark. (c), or (d)’’. ‘‘(B) In determining whether there is a bad- (ii) by adding at the end the following: (2) DAMAGES.—Section 35(a) of the Trade- faith intent described under subparagraph ‘‘(2) ALTERNATES.—Each member described mark Act of 1946 (15 U.S.C. 1117(a)) is amend- (A), a court may consider factors such as, under paragraph (1) (A) through (E) may des- ed in the first sentence by inserting ‘‘, (c), or but not limited to— ignate an alternate who may act in lieu of (d)’’ after ‘‘section 43 (a)’’. ‘‘(i) the trademark or other intellectual the member to the extent authorized by the (b) STATUTORY DAMAGES.—Section 35 of the property rights of the person, if any, in the member, including attending meetings and Trademark Act of 1946 (15 U.S.C. 1117) is domain name; voting.’’; and amended by adding at the end the following: ‘‘(ii) the extent to which the domain name (B) in subsection (h) by striking ‘‘section ‘‘(d) In a case involving a violation of sec- consists of the legal name of the person or a 4(e)’’ and inserting ‘‘section 4(d)’’; and tion 43(d)(1), the plaintiff may elect, at any name that is otherwise commonly used to (9) in section 13— time before final judgment is rendered by identify that person; (A) by striking paragraph (4); and the trial court, to recover, instead of actual ‘‘(iii) the person’s prior use, if any, of the (B) by redesignating paragraph (5) as para- damages and profits, an award of statutory domain name in connection with the bona graph (4). damages in the amount of not less than fide offering of any goods or services; f $1,000 and not more than $100,000 per domain ‘‘(iv) the person’s legitimate noncommer- name, as the court considers just. The court cial or fair use of the mark in a site acces- ANTICYBERSQUATTING CONSUMER shall remit statutory damages in any case in sible under the domain name; PROTECTION ACT which an infringer believed and had reason- ‘‘(v) the person’s intent to divert con- able grounds to believe that use of the do- On August 5, 1999, the Senate passed sumers from the mark owner’s online loca- main name by the infringer was a fair or oth- S. 1255, as follows: tion to a site accessible under the domain erwise lawful use.’’. S. 1255 name that could harm the goodwill rep- Be it enacted by the Senate and House of Rep- resented by the mark, either for commercial SEC. 5. LIMITATION ON LIABILITY. resentatives of the United States of America in gain or with the intent to tarnish or dispar- Section 32(2) of the Trademark Act of 1946 Congress assembled, age the mark, by creating a likelihood of (15 U.S.C. 1114) is amended— SECTION 1. SHORT TITLE; REFERENCES. confusion as to the source, sponsorship, af- (1) in the matter preceding subparagraph (a) SHORT TITLE.—This Act may be cited as filiation, or endorsement of the site; (A) by striking ‘‘under section 43(a)’’ and in- the ‘‘Anticybersquatting Consumer Protec- ‘‘(vi) the person’s offer to transfer, sell, or serting ‘‘under section 43 (a) or (d)’’; and tion Act.’’. otherwise assign the domain name to the (2) by redesignating subparagraph (D) as (b) REFERENCES TO THE TRADEMARK ACT OF mark owner or any third party for substan- subparagraph (E) and inserting after sub- 1946.—Any reference in this Act to the tial consideration without having used, or paragraph (C) the following: Trademark Act of 1946 shall be a reference to having an intent to use, the domain name in ‘‘(D)(i) A domain name registrar, a domain the Act entitled ‘‘An Act to provide for the the bona fide offering of any goods or serv- name registry, or other domain name reg- registration and protection of trade-marks ices; istration authority that takes any action de- used in commerce, to carry out the provi- ‘‘(vii) the person’s intentional provision of scribed under clause (ii) affecting a domain sions of certain international conventions, material and misleading false contact infor- name shall not be liable for monetary relief and for other purposes’’, approved July 5, mation when applying for the registration of to any person for such action, regardless of 1946 (15 U.S.C. 1051 et seq.). the domain name; and whether the domain name is finally deter- SEC. 2. FINDINGS. ‘‘(viii) the person’s registration or acquisi- mined to infringe or dilute the mark. Congress finds the following: tion of multiple domain names which are ‘‘(ii) An action referred to under clause (i) (1) The registration, trafficking in, or use identical or confusingly similar to trade- is any action of refusing to register, remov- of a domain name that is identical or confus- marks or service marks of others that are ing from registration, transferring, tempo- ingly similar to a trademark or service mark distinctive at the time of registration of rarily disabling, or permanently canceling a of another that is distinctive at the time of such domain names, or dilutive of famous domain name— the registration of the domain name, or dilu- trademarks or service marks of others that ‘‘(I) in compliance with a court order under tive of a famous trademark or service mark are famous at the time of registration of section 43(d); or of another that is famous at the time of the such domain names, without regard to the ‘‘(II) in the implementation of a reasonable registration of the domain name, without re- goods or services of such persons. policy by such registrar, registry, or author- gard to the goods or services of the parties, ‘‘(C) In any civil action involving the reg- ity prohibiting the registration of a domain with the bad-faith intent to profit from the istration, trafficking, or use of a domain name that is identical to, confusingly simi- goodwill of another’s mark (commonly re- name under this paragraph, a court may lar to, or dilutive of another’s mark reg- ferred to as ‘‘cyberpiracy’’ and order the forfeiture or cancellation of the do- istered on the Principal Register of the ‘‘cybersquatting’’)— main name or the transfer of the domain United States Patent and Trademark Office. (A) results in consumer fraud and public name to the owner of the mark. ‘‘(iii) A domain name registrar, a domain confusion as to the true source or sponsor- ‘‘(D) A use of a domain name described name registry, or other domain name reg- ship of goods and services; under subparagraph (A) shall be limited to a istration authority shall not be liable for

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10630 CONGRESSIONAL RECORD — SENATE September 8, 1999 damages under this section for the registra- the registration or use of the domain name under section 43(c)(4) of such Act or relating tion or maintenance of a domain name for by such registrant is not unlawful under this to fair use) or a person’s right of free speech another absent a showing of bad faith intent Act. The court may grant injunctive relief to or expression under the first amendment of to profit from such registration or mainte- the domain name registrant, including the the United States Constitution. nance of the domain name. reactivation of the domain name or transfer ‘‘(iv) If a registrar, registry, or other reg- of the domain name to the domain name reg- SEC. 8. SEVERABILITY. istration authority takes an action described istrant.’’. If any provision of this Act, an amendment under clause (ii) based on a knowing and ma- SEC. 6. DEFINITIONS. made by this Act, or the application of such terial misrepresentation by any person that Section 45 of the Trademark Act of 1946 (15 provision or amendment to any person or a domain name is identical to, confusingly U.S.C. 1127) is amended by inserting after the circumstances is held to be unconstitutional, similar to, or dilutive of a mark registered undesignated paragraph defining the term the remainder of this Act, the amendments on the Principal Register of the United ‘‘counterfeit’’ the following: made by this Act, and the application of the States Patent and Trademark Office, such ‘‘The term ‘Internet’ has the meaning provisions of such to any person or cir- person shall be liable for any damages, in- given that term in section 230(f)(1) of the cluding costs and attorney’s fees, incurred Communications Act of 1934 (47 U.S.C. cumstance shall not be affected thereby. by the domain name registrant as a result of 230(f)(1)). SEC. 9. EFFECTIVE DATE. such action. The court may also grant in- ‘‘The term ‘domain name’ means any al- junctive relief to the domain name reg- phanumeric designation which is registered This Act shall apply to all domain names istrant, including the reactivation of the do- with or assigned by any domain name reg- registered before, on, or after the date of en- main name or the transfer of the domain istrar, domain name registry, or other do- actment of this Act, except that statutory name to the domain name registrant. main name registration authority as part of damages under section 35(d) of the Trade- ‘‘(v) A domain name registrant whose do- an electronic address on the Internet.’’. mark Act of 1946 (15 U.S.C. 1117), as added by main name has been suspended, disabled, or SEC. 7. SAVINGS CLAUSE. section 4 of this Act, shall not be available transferred under a policy described under Nothing in this Act shall affect any de- with respect to the registration, trafficking, clause (ii)(II) may, upon notice to the mark fense available to a defendant under the or use of a domain name that occurs before owner, file a civil action to establishh that Trademark Act of 1946 (including any defense the date of enactment of this Act. FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and se- lect and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBER AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY, FOR TRAVEL FROM MAR. 27, TO JUNE 3, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Forrign cur- equivalent currency or U.S. currency or U.S. currency or U.S. cur- rency or U.S. cur- currency currency rency rency

Senator J. Robert Kerrey: France ...... Franc ...... 2,774 462.00 ...... 1,119.56 320 53.30 ...... 1,634.86 Debra A. Reed: France ...... Franc ...... 716 119.00 ...... 3,123.93 ...... 3,242.93 Senator Patrick J. Leahy: Ireland ...... Pound ...... 584.38 788.00 ...... 1.082.35 ...... 1,870.35 Senator Patrick J. Leahy: Northern Ireland ...... Dollar ...... 254.00 ...... 254.00 John P. Dowd: Ireland ...... Pound ...... 584.38 788.00 ...... 1,082.35 ...... 1,870.35 Northern Ireland ...... Dollar ...... 254.00 ...... 254.00 Frederick S. Kenney II: Ireland ...... Pound ...... 1,012.84 1,379.00 ...... 1,612.40 ...... 2991.40

Total ...... 4,044.00 ...... 8,020.59 ...... 53.30 ...... 12,117.89 RICHARD G. LUGAR, Chairman, Committee on Agriculture, Nutrition, and Forestry, July 1, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ted Stevens: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Senator Richard C. Shelby: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Senator Ben Nighthorse Campbell: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Steve Cortese: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Gary Reese: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 John Young: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Wally Burnett: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Tammy Perrin: France ...... Franc ...... 31.60 505.00 ...... 31.60 505.00 Senator Daniel K. Inouye: Japan ...... Yen ...... 115,130 940.99 ...... 115,130 940.99 Charlie Houy: Japan ...... Yen ...... 110,942 906.76 ...... 110,942 906.76

Total ...... 5,887.75 ...... 5,887.75 TED STEVENS, Chairman, Committee on Appropriations, July 20, 1999.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10631 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES, FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Charles S. Abell: Honduras ...... Lempira ...... 423.00 30.00 ...... 30.00 Honduras ...... Dollar ...... 356.00 ...... 356.00 Honduras ...... Dollar ...... 1,328.40 ...... 1,328.40 Senator John Warner: United States ...... Dollar ...... 4,150.88 ...... 4,150.88 United Kingdom ...... Pound ...... 730.00 ...... 730.00 Belgium ...... Franc ...... 479.00 ...... 479.00 Italy ...... Lira ...... 325.00 ...... 325.00 Senator Tim Hutchinson: United States ...... Dollar ...... 4,897.50 ...... 4,897.50 Italy ...... Lira ...... 966,786 538.00 ...... 538.00 Belgium ...... Franc ...... 8,674 232.00 ...... 232.00 United Kingdom ...... Pound ...... 196.10 315.00 ...... 315.00 Todd B. Deatherage: United States ...... Dollar ...... 4,897.50 ...... 4,897.50 Italy ...... Lira ...... 966,786 538.00 ...... 538.00 Belgium ...... Franc ...... 8,674 232.00 ...... 232.00 United Kingdom ...... Pound ...... 196.10 315.00 ...... 315.00 Gary M. Hall: Israel ...... Dollar ...... 10.00 ...... 10.00 Bahrain ...... Dollar ...... 298.25 ...... 298.25 Patrick F. McCartan: Israel ...... Dollar ...... 10.00 ...... 10.00 Bahrain ...... Dollar ...... 387.25 ...... 387.25 Senator Olympia J. Snowe: Israel ...... Dollar ...... 10.00 ...... 10.00 Bahrain ...... Dollar ...... 284.25 ...... 284.25 Senator Jeff Sessions: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech Republic ...... Dollar ...... 282.00 ...... 282.00 Turkey ...... Dollar ...... 748.00 ...... 748.00 Italy ...... Dollar ...... 734.00 ...... 734.00 France ...... Dollar ...... 342.00 ...... 342.00 Senator Pat Roberts: France ...... Franc ...... 31.60 505.00 ...... 505.00 Senator James M. Inhofe: United States ...... Dollar ...... 4,930.67 ...... 4,930.67 Germany ...... Dollar ...... 101.50 ...... 101.50 Northern Ireland ...... Dollar ...... 274.00 ...... 274.00 Germany ...... Dollar ...... 185.00 ...... 185.00 Albania ...... Dollar ...... 170.00 ...... 170.00 United Kingdom ...... Dollar ...... 670.00 ...... 670.00 France ...... Franc ...... 31.60 505.00 ...... 505.00 Total ...... 10,100.25 ...... 30,305.20 JOHN WARNER, Chairman, Committee on Armed Services, June 30, 1999.

ADDENDUM TO 1ST QUARTER OF 1999.—CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES COMMITTEE FOR TRAVEL FROM JAN. 1, T0 MAR. 31, 1999.

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jack Reed: Cuba ...... Dollar ...... 311.93 ...... 311.93 Neil D. Campbell: Cuba ...... Dollar ...... 715.00 ...... 715.00 Total ...... 1,026.93 ...... 1,026.93 JOHN WARNER, Chairman, Committee on Armed Services, June 30, 1999

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Phil Gramm: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech ...... Dollar ...... 282.00 ...... 282.00 Turkey ...... Dollar ...... 748.00 ...... 748.00 Italy ...... Dollar ...... 734.00 ...... 734.00 France ...... Dollar ...... 342.00 ...... 342.00 Senator Wayne Allard: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech ...... Dollar ...... 282.00 ...... 282.00 Turkey ...... Dollar ...... 748.00 ...... 748.00 Italy ...... Dollar ...... 734.00 ...... 734.00 France ...... Dollar ...... 342.00 ...... 342.00 Senator Mike Enzi: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech ...... Dollar ...... 282.00 ...... 282.00 Turkey ...... Dollar ...... 748.00 ...... 748.00 Italy ...... Dollar ...... 734.00 ...... 734.00 France ...... Dollar ...... 342.00 ...... 342.00 Ms. Ruth Cymber: Germany ...... Dollar ...... 494.00 ...... 494.00 Czech ...... Dollar ...... 282.00 ...... 282.00

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10632 CONGRESSIONAL RECORD — SENATE September 8, 1999 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Turkey ...... Dollar ...... 483.00 ...... 483.00 Italy ...... Dollar ...... 539.00 ...... 539.00 France ...... Dollar ...... 342.00 ...... 342.00 Senator Evan Bayh: Portugal ...... Dollar ...... 837.00 ...... 4,084.00 ...... 4,921.00 Mr. Robert O’Quinn: England ...... Dollar ...... 1,460.00 ...... 1,460.00 Philippines ...... Dollar ...... 744.00 ...... 744.00

Total ...... Dollar ...... 12,981.00 ...... 4,084.00 ...... 17,065.00 PHIL GRAMM, Chairman, Committee on Banking, Housing, and Urban Affairs, July 30, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Randall Popelka: Switzerland ...... Franc ...... 2,150.14 1,427.43 ...... 2,150.14 1,427.43 United States ...... Dollar ...... 923.46 ...... 923.46

Total ...... 1,427.43 ...... 923.46 ...... 2,350.89 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, July 23, 1999.

ADDENDUM TO 1ST QUARTER OF 1999.—CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL FROM JAN. 1, TO MAR. 31, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bob Graham: Honduras ...... Dollar ...... 264.00 ...... 264.00 Nicaragua ...... Dollar ...... 75.00 ...... 75.00 Robert Filippone: Honduras ...... Dollar ...... 264.00 ...... 264.00 Nicaragua ...... Dollar ...... 75.00 ...... 75.00 Gary Shiffman: Honduras ...... Dollar ...... 264.00 ...... 264.00 Nicaragua ...... Dollar ...... 75.00 ...... 75.00 Faryar Shirzad: Honduras ...... Dollar ...... 191.06 ...... 191.06 Nicaragua ...... Dollar ...... 6.00 ...... 6.00 Daniel Bob: Peru ...... Dollar ...... 1,224.00 ...... 825.40 ...... 2,049.40 China ...... Dollar ...... 738.98 ...... 469.00 ...... 1,207.98 Robert Six: Taiwan ...... Dollar ...... 954.82 ...... 954.82 Japan ...... Dollar ...... 2,066.91 ...... 2,066.91 China ...... Dollar ...... 806.77 ...... 806.77 United States ...... Dollar ...... 4,892.06 ...... 4,892.06 United States ...... Dollar ...... 8,172.00 ...... 8,172.00 Senator John Rockefeller: United States ...... Dollar ...... 15,531.00 ...... 15,531.00 Taiwan ...... Dollar ...... 1,201.50 ...... 1,201.50 Japan ...... Dollar ...... 624.00 ...... 624.00

Total ...... 8,831.04 ...... 29,889.46 ...... 38,720.50 WILLIAM V. ROTH, JR., Chairman, Committee on Finance, July 28, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE, FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Ian Brzezinski: Poland ...... Dollar ...... 1,177.62 ...... 1,177.62 United States ...... Dollar ...... 1,664.26 ...... 1664.26

Total ...... 1,177.62 ...... 1,664.26 ...... 2,841.88 WILLIAM V. ROTH, JR., Chairman, Committee on Finance, July 28, 1999.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10633 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator Joseph Biden: United States ...... Dollar ...... 2,742.53 ...... 2,742,53 Senator Sam Brownback: Kenya ...... Dollar ...... 1,470.00 ...... 1,470.00 United States ...... Dollar ...... 6,961.15 ...... 6,961.15 Senator Christopher Dodd: Belgium ...... Dollar ...... 100.00 ...... 100.00 United States ...... Dollar ...... 5,975.97 ...... 5,975.97 United States ...... Dollar ...... 3,029.00 ...... 3,029.00 Senator Chuck Hagel: United States ...... Dollar ...... 4,971.37 ...... 4,971.37 Senator John Kerry: Thailand ...... Dollar ...... 240.00 ...... 240.00 Cambodia ...... Dollar ...... 121.00 ...... 121.00 Vietnam ...... Dollar ...... 556.00 ...... 556.00 United Kingdom ...... Dollar ...... 280.00 ...... 280.00 United States ...... Dollar ...... 11,006.92 ...... 11,006.92 Frank Jannuzi: Taiwan ...... Dollar ...... 955.50 ...... 955.50 United States ...... Dollar ...... 3,277.55 ...... 3,277.55 Michael Miller: South Africa ...... Dollar ...... 1,003.10 ...... 1,003.10 United States ...... Dollar ...... 5,600.99 ...... 5,600.99 Janice O’Connell: Belgium ...... Dollar ...... 150.00 ...... 150.00 France ...... Dollar ...... 332.00 ...... 332.00 United States ...... Dollar ...... 5,397.79 ...... 5,397.79 Nancy Stetson: Thailand ...... Dollar ...... 240.00 ...... 240.00 Cambodia ...... Dollar ...... 130.00 ...... 130.00 Vietnam ...... Dollar ...... 393.00 ...... 393.00 United Kingdom ...... Dollar ...... 281.00 ...... 281.00 United States ...... Dollar ...... 6,959.40 ...... 6,959.40 Michael Westphal: South Africa ...... Dollar ...... 914.78 ...... 914.78 United States ...... Dollar ...... 5,600.99 ...... 5,600.99 Total ...... 7,446.38 ...... 61,523.66 ...... 68,970.04 JESSE HELMS, Chairman, Committee on Foreign Relations, July 27, 1999. CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON GOVERNMENTAL AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator Fred Thompson: United States ...... Dollar ...... 7,310.13 ...... 7,310.13 Italy ...... Lira ...... 646.00 ...... 646.00 Germany ...... Deutschmark ...... 420.00 ...... 420.00 Curtis Silvers: United States ...... Dollar ...... 5,402.13 ...... 5,402.13 Italy ...... Lira ...... 544.00 ...... 544.00 Germany ...... Deutschmark ...... 420.00 ...... 420.00 Christopher Ford: United States ...... Dollar ...... 5,402.13 ...... 5,402.13 Italy ...... Lira ...... 544.00 ...... 544.00 Germany ...... Deutschmark ...... 420.00 ...... 420.00 Senator Susan Collins: United States ...... Dollar ...... 812.81 ...... 812.81 Northern Ireland ...... Pound ...... 50.62 81.00 ...... 81.00 Ireland ...... Pound ...... 172.17 229.00 ...... 229.00 England ...... Pound ...... 171.31 273.00 ...... 273.00 Senator Thad Cochran: Scotland ...... Pound ...... 273.00 ...... 273.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Dennis Ward: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Dennis McDowell: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Michael Loesch: Scotland ...... Pound ...... 362.00 ...... 362.00 Belgium ...... Franc ...... 269.00 ...... 269.00 Mitchel Kugler: United States ...... Dollar ...... 4,882.76 ...... 4,882.76 United Kingdom ...... Pound ...... 2,540.00 ...... 197.00 ...... 2,737.00 Total ...... 8,552.00 ...... 24,006.96 ...... 32,558.96 FRED THOMPSON, Chairman, Committee on Governmental Affairs, June 30, 1999. CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency Senator Tom Harkin: United states ...... Dollar ...... 1,924.69 ...... 1,924.69 Rosemary Gutierrez: United states ...... Dollar ...... 1,924.69 ...... 1,924.69 Total ...... 3,849.38 ...... 3,849.38 JIM JEFFORDS, Chairman, Committee on Health, Education, Labor, and Pensions, July 19, 1999.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10634 CONGRESSIONAL RECORD — SENATE September 8, 1999 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS’ AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Arlen Specter: Cuba ...... Dollar ...... 216.00 ...... 216.00 David Urban: Cuba ...... Dollar ...... 187.59 ...... 20.00 ...... 117.41 ...... 325.00 Charles Robbins: Cuba ...... Dollar ...... 247.50 ...... 2.90 ...... 48.00 ...... 298.40 Anthony Cunningham: Cuba ...... Dollar ...... 292.56 ...... 15.00 ...... 17.44 ...... 325.00

Total ...... 943.65 ...... 37.90 ...... 182.85 ...... 1,164.40 ARLEN SPECTER, Chairman, Committee on Veterans’ Affairs, July 6, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1, TO JUNE 30, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Christopher Straub ...... 730.00 ...... 4,668.50 ...... 5,398.50 Senator J. Robert Kerrey ...... 730.00 ...... 4,750.50 ...... 5,480.50 Nicholas Rostow ...... 453.00 ...... 453.00 Senator Bob Graham ...... 20.50 ...... 20.50 Alfred Cumming ...... 134.50 ...... 134.50 Bob Fillipone ...... 135.50 ...... 135.50 Senator Richard G. Lugar ...... 1,966.00 ...... 4,247.77 ...... 6,213.77 Kenneth Myers ...... 2,140.00 ...... 4,247.77 ...... 6,387.77

Total ...... 6,309.50 ...... 17,914.54 ...... 24,224.04 RICHARD SHELBY, Chairman, Select Committee on Intelligence, July 15, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND DEMOCRATIC LEADERS FROM MAY 14 TO MAY 17, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Kay Bailey Hutchison: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 129.00 ...... 129.00 Senator Frank Lautenberg: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 Senator Tom Harkin: Bulgaria ...... Dollar ...... 233.50 ...... 233.50 Belgium ...... Dollar ...... 152.00 ...... 152.00 Senator Rod Grams: Bulgaria ...... Dollar ...... 40.60 ...... 40.60 Belgium ...... Dollar ...... 146.00 ...... 146.00 Senator Gordon Smith: Bulgaria ...... Dollar ...... 233.50 ...... 233.50 Belgium ...... Dollar ...... 133.00 ...... 133.00 Senator George Voinovich: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 James W. Ziglar: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 Frederic Baron: Bulgaria ...... Dollar ...... 191.50 ...... 191.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 Dave Davis: Bulgaria ...... Dollar ...... 187.50 ...... 187.50 Belgium ...... Dollar ...... 165.00 ...... 165.00 Larry DiRita: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 191.00 ...... 191.00 Beth Stewart: Bulgaria ...... Dollar ...... 204.50 ...... 204.50 Belgium ...... Dollar ...... 122.00 ...... 122.00

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10635 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND DEMOCRATIC LEADERS FROM MAY 14 TO MAY 17, 1999—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Sally Walsh: Bulgaria ...... Dollar ...... 171.50 ...... 171.50 Belgium ...... Dollar ...... 122.00 ...... 122.00 Delegation expenses: 1 Hungary ...... 435.61 ...... 435.61 Bulgaria ...... 380.61 ...... 380.61 Albania ...... 1,090.94 ...... 1,090.94 Macedonia ...... 430.61 ...... 430.61 Belgium ...... 522.17 ...... 522.17 Total ...... 3,768.10 ...... 2,859.94 ...... 6,628.04 1 Delegation expenses include direct payments and reimbursements to the Department of State and to the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95– 384, and S. Res. 179 agreed to May 25, 1977. TRENT LOTT, Majority Leader, TOM DASCHLE, Democratic Leader, July 1, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND DEMOCRATIC LEADERS FROM APR. 16 TO APR. 18, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ted Stevens: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Carl Levin: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Don Nickles: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Chuck Robb: Belgium ...... Franc ...... 242.00 ...... 242.00 United States ...... Dollar ...... 2,882.53 ...... 2,882.53 Senator Fred Thompson: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Pat Roberts: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Richard Durbin: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Joe Biden: Belgium ...... Franc ...... 242.00 ...... 242.00 Senator Max Baucus: Belgium ...... Franc ...... 242.00 ...... 242.00 Mr. Steven Cortese: Belgium ...... Franc ...... 242.00 ...... 242.00 Ms. Robin Cleveland: Belgium ...... Franc ...... 242.00 ...... 242.00 Richard DeBobes: Belgium ...... Franc ...... 196.00 ...... 196.00 Jim Jatras: Belgium ...... Franc ...... 242.00 ...... 242.00 Terry Sauvain: Belgium ...... Franc ...... 242.00 ...... 242.00 Total ...... 3,342.00 ...... 2,882.53 ...... 6,224,53 TRENT LOTT, Majority Leader, TIM DASCHLE, Democratic Leader, July 14, 1999.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE DEMOCRATIC LEADER FROM APRIL 4, TO APRIL 11, 1999

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Tom Daschle: Brazil ...... Real ...... 1,442.55 815.00 ...... 1,442.55 815.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 288,712 604.00 ...... 288,712 604.00 Senator Harry Reid: Brazil ...... Real ...... 1,442.55 815.00 ...... 1,442.55 815.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 288,712 604.00 ...... 288,712 604.00 Senator Byron Dorgan: Brazil ...... Real ...... 1,442.55 815.00 ...... 1,442.55 815.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 288,712 604.00 ...... 288,712 604.00 Senator Ben Nighthorse Campbell: Brazil ...... Real ...... 1,442.55 815.00 ...... 1,442.55 815.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 288,712 604.00 ...... 288,712 604.00 Sheila Murphy: Brazil ...... Real ...... 877.92 496.00 ...... 877.92 496.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 180,206 377.00 ...... 180,206 377.00 Eric Washburn: Brazil ...... Real ...... 1,154.04 652.00 ...... 1,154.04 652.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 193,112 404.00 ...... 193,112 404.00 Sally Walsh: Brazil ...... Real ...... 1,088.55 615.00 ...... 1,088.55 615.00 Argentina ...... Dollar ...... 744.00 ...... 744.00 Chile ...... Peso ...... 239,956 502.00 ...... 239,956 502.00 Delegation expenses:1 Brazil ...... 4,501.31 ...... 4,501.31

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 8634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10636 CONGRESSIONAL RECORD — SENATE September 8, 1999 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE DEMOCRATIC LEADER FROM APRIL 4, TO APRIL 11, 1999—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Argentina ...... 5,146.59 ...... 5,146.59 Chile ...... 3,928.23 ...... 3,928.23 Total ...... 13,930.00 ...... 13,576.13 ...... 27,506.13 1 Delegation expenses include direct payments and reimbursements to the Department of State and to the Department of Defense under authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22. of P.L. 95– 384, and S. Res. 179 agreed to May 25, 1977. TOM DASCHLE, h Democratic Leader, June 25, 1999. MEASURE READ FOR THE FIRST deputy director of legislative affairs at Madam President, in that vein, I fur- TIME—S.J. RES. 33 the White House. Another sister is an ther ask unanimous consent that this Mr. BROWNBACK. Madam President, assistant U.S. attorney in Arizona. nomination of Judge Murguia be con- Judge Murguia has served as a Wyan- I understand that S.J. Res. 33, intro- firmed, the motion to consider be laid dotte County District judge since Sep- duced earlier by Senator LOTT, is at upon the table, any statements relat- tember of 1990. He is a graduate of the the desk, and I ask for its first reading. ing to the nomination be printed in the University of Kansas School of Jour- RECORD, the President be immediately The PRESIDING OFFICER. The nalism and a graduate of my alma clerk will read the resolution for the notified of the Senate’s action, and the mater, the University of Kansas School Senate then return to legislative ses- first time. of Law. The bill clerk read as follows: sion. Judge Murguia took an unusual ca- The PRESIDING OFFICER. Without A joint resolution (S.J. Res. 33) deploring reer path upon graduating from that objection, it is so ordered. the actions of President Clinton regarding institution of legal scholarship that granting clemency to FALN terrorists. The nomination considered and con- has turned out so many outstanding at- firmed is as follows: Mr. BROWNBACK. Madam President, torneys. He chose to use his newly I now ask for its second reading, and I minted legal skills to help others in a THE JUDICIARY object on behalf of the Democrats in generally lower-income area of Kansas Carlos Murguia, of Kansas, to be United the Senate. city. He chose to help others in this States District Judge for the District of Kan- sas. The PRESIDING OFFICER. The ob- area who ordinarily would not have ac- jection is heard. cess to legal representation in situa- f The bill will be read the second time tions others often take for granted. LEGISLATIVE SESSION on the next legislative day. Judge Murguia took his first step The PRESIDING OFFICER. Under f into the Judiciary while still in private practice, serving first as a part-time the previous order, the Senate will re- EXECUTIVE SESSION small claims judge for the Wyandotte sume legislative session. County district court. Later in 1990, f Kansas Republican Governor Mike NOMINATION OF CARLOS Hayden appointed Mr. Murguia Wyan- REMOVAL OF INJUNCTION OF SE- MURGUIA, OF KANSAS, TO BE dotte County District Judge, filling the CRECY—TREATY DOCUMENT NOS. UNITED STATES DISTRICT reminder of a term of a judge who died 106–6 AND 106–7 JUDGE FOR THE DISTRICT OF in office. He was elected to his own 4- Mr. BROWNBACK. Madam President, KANSAS year terms in both 1992 and 1996. Judge as in executive session, I ask unani- Mr. BROWNBACK. Madam President, Murguia served Wyandotte County mous consent that the injunction of se- I ask unanimous consent that the Sen- with distinction in this office for 10 crecy be removed from the following ate immediately proceed to executive years. treaties transmitted to the Senate on session to consider the following nomi- Madam President, I am confident September 8, 1999, by the President of nation on the executive calendar: No. that Judge Murguia will bring to the the United States: International Con- Federal bench the skills and knowledge 176, the nomination of Judge Carlos vention for the Expression of Terrorist of an outstanding jurist of personal in- Murguia to be U.S. district judge for Bombings (Treaty Document No. 106–6); tegrity and with the dedication of a the district of Kansas. and Treaty with Dominican Republic man who took his law degree to help I take this opportunity to inform my for Return of Stolen or Embezzled Ve- his fellow citizens. fellow Members a little bit about Judge On a personal note, when you see the hicles, with Annexes, (Treaty Docu- Murguia. I went to school with Judge demeanor of Judge Murguia and you ment No. 106–7). Murguia. I am delighted to see him join are around his presence, you recognize I further ask that the treaties be con- the bench in Kansas. I want to speak and see the beauty of this person, the sidered as having been read the first today for a few minutes and tell my beauty of his soul, the beauty of the time, they be referred with accom- colleagues about Judge Murguia, whose smile that goes on his face when he panying papers to the Committee on nomination to the Federal Judiciary I sees justice being done for others. And Foreign Relations, and the President’s understand will be agreed to before the that smile mourns when he sees anyone messages be printed in the RECORD. close of business today. treated unjustly. He lives in his heart The PRESIDING OFFICER. Without The Federal Judiciary is a truly high for justice. I think he is probably one objection, it is so ordered. honor and responsibility. Those nomi- of the best embodiments of that fre- The messages of the President are as nated to serve must be men and women quently cited passage in Micah that follows: of the highest professional and per- reads, ‘‘what does the Lord require of To the Senate of the United States: sonal qualifications. I am privileged you but to do justice and to love mercy With a view to receiving the advice and pleased today to commend to the and to walk humbly with thy God’’. and consent of the Senate to ratifica- Senate Judge Carlos Murguia of Kansas Judge Murguia fulfills that passage tion, I transmit herewith the Inter- City, KS. A native of Kansas City, Car- in Micah. For all these reasons, I am national Convention for the Suppres- los Murguia is part of a remarkable especially pleased to wholeheartedly sion of Terrorist Bombings, adopted by family. Every one of his four siblings commend to the Senate Judge Carlos the United Nations General Assembly have earned a law degree from the Uni- Murguia nomination to the Federal on December 15, 1997, and signed on be- versity of Kansas. One sister works as district court. half of the United States of America on

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10637 January 12, 1998. The report of the De- against the scourge of international The PRESIDING OFFICER. The partment of State with respect to the terrorism. I hope that all states will clerk will report the bill by title. Convention is also transmitted for the become Parties to this Convention, and The legislative clerk read as follows: information of the Senate. that it will be applied universally. I A bill (S. 1076) to amend title 38, United In recent years, we have witnessed an recommend, therefore, that the Senate States Code, to provide a cost-of-living ad- unprecedented and intolerable increase give early and favorable consideration justment in rates of compensation paid to in acts of terrorism involving bombings to this Convention, subject to the un- veterans with service-connected disabilities, in public places in various parts of the derstandings and reservation that are to enhance programs providing health care, world. The United States initiated the described in the accompanying State education, and other benefits for veterans, to authorize major medical facility projects, to negotiation of this convention in the Department report. reform eligibility for burial in Arlington Na- aftermath of the June 1996 bombing at- WILLIAM J. CLINTON. tional Cemetery, and for other purposes. tack on U.S. military personnel in THE WHITE HOUSE, September 8, 1999. There being no objection, the Senate Dhahran, Saudi Arabia, in which 17 proceeded to consider the bill which U.S. Air Force personnel were killed as To the Senate of the United States: had been reported from the Committee the result of a truck bombing. That at- With a view to receiving the advice on Veterans’ Affairs, with an amend- tack followed other terrorist attacks and consent of the Senate to ratifica- ment to strike all after the enacting including poison gas attacks in To- tion, I transmit herewith the Treaty clause and inserting in lieu thereof the kyo’s subways; bombing attacks by Between the Government of the United following: HAMAS in Tel Aviv and Jerusalem; States of America and the Government and a bombing attack by the IRA in of the Dominican Republic for the Re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. turn of Stolen or Embezzled Vehicles, (a) SHORT TITLE.—This Act may be cited as Manchester, England. Last year’s ter- the ‘‘Veterans Benefits Act of 1999’’. rorist attacks upon United States em- with Annexes, signed at Santo Do- (b) TABLE OF CONTENTS.—The table of con- bassies in Nairobi and Dar es Salaam mingo on April 30, 1996. I transmit also, tents for this Act is as follows: are recent examples of such bombings, for the information of the Senate, the Sec. 1. Short title; table of contents. and no country or region is exempt report of the Department of State with Sec. 2. References to title 38, United States from the human tragedy and immense respect to the Treaty. Code. costs that result from such criminal The Treaty is one of a series of stolen TITLE I—MEDICAL CARE acts. Although the penal codes of most vehicles treaties being negotiated by Subtitle A—Long-Term Care states contain provisions proscribing the United States in order to eliminate Sec. 101. Adult day health care. these kinds of attacks, this Convention the difficulties faced by owners of vehi- Sec. 102. In-home respite care services. provides, for the first time, an inter- cles that have been stolen and trans- Subtitle B—Management of Medical Facilities national framework for cooperation ported across international borders. and Property among states directed toward preven- When it enters into force, it will be an Sec. 111. Enhanced-use lease authority. tion of such incidents and ensuing pun- effective tool to facilitate the return of Sec. 112. Designation of hospital bed replace- ishment of offenders, wherever found. U.S. vehicles that have been stolen or ment building at Department of In essence, the Convention imposes embezzled and taken to the Dominican Veterans Affairs medical center in binding legal obligations upon States Republic. Reno, Nevada, after Jack Streeter. Parties either to submit for prosecu- I recommend that the Senate give Subtitle C—Homeless Veterans tion or to extradite any person within early and favorable consideration to Sec. 121. Extension of program of housing as- their jurisdiction who commits an of- the Treaty, with Annexes, and give its sistance for homeless veterans. fense as defined in Article 2, attempts advice and consent to ratification. Sec. 122. Homeless veterans comprehensive serv- to commit such an act, participates as WILLIAM J. CLINTON. ice programs. Sec. 123. Authorizations of appropriations for an accomplice, organizes or directs THE WHITE HOUSE, September 8, 1999. others to commit such an offense, or in homeless veterans’ reintegration f projects. any other way contributes to the com- Sec. 124. Report on implementation of General mission of an offense by a group of per- TO INCREASE LEAVE TIME FOR FEDERAL EMPLOYEE ORGAN DO- Accounting Office recommenda- sons acting with a common purpose. A tions regarding performance NORS State Party is subject to these obliga- measures. tions without regard to the place where Mr. BROWNBACK. I ask unanimous Subtitle D—Other Health Care Provisions the alleged act covered by Article 2 consent that the Senate proceed to the Sec. 131. Emergency health care in non-Depart- took place. consideration of Calendar No. 264, H.R. ment of Veterans Affairs facilities Article 2 of the Convention declares 457. for enrolled veterans. that any person commits an offense The PRESIDING OFFICER. The Sec. 132. Improvement of specialized mental within the meaning of the Convention clerk will report the bill by title. health services for veterans. if that person unlawfully and inten- The legislative clerk read as follows: Sec. 133. Treatment and services for drug or al- tionally delivers, places, discharges or cohol dependency. A bill (H.R. 457) to amend title 5, United Sec. 134. Allocation to Department of Veterans detonates an explosive or other lethal States Code, to increase the amount of leave Affairs health care facilities of device in, into or against a place of time available to a Federal employee in any amounts in Medical Care Collec- public use, a state or government facil- year in connection with serving as an organ tions Fund. ity, a public transportation system, or donor, and for other purposes. Sec. 135. Extension of certain Persian Gulf War an infrastructure facility, with the in- There being no objection, the Senate authorities. tent (a) to cause death or serious bod- proceeded to consider the bill. Sec. 136. Report on coordination of procurement ily injury or (b) cause extensive de- Mr. BROWNBACK. I ask unanimous of pharmaceuticals and medical struction of such a place, facility or consent that the bill be considered read supplies by the Department of the third time, passed, the motion to Veterans Affairs and the Depart- system, where such destruction results ment of Defense. in or is likely to result in major eco- reconsider be laid upon the table, and Sec. 137. Reimbursement of medical expenses of nomic loss. States Parties to the Con- any statements be printed in the veterans located in Alaska. vention will also be obligated to pro- RECORD. Sec. 138. Repeal of four-year limitation on vide one another legal assistance in in- The PRESIDING OFFICER. Without terms of Under Secretary for vestigations or criminal or extradition objection, it is so ordered. Health and Under Secretary for proceedings brought in respect of the The bill (H.R. 457) was considered Benefits. offenses set forth in Article 2. read the third time and passed. Subtitle E—Major Medical Facility Projects The recommended legislation nec- f Construction Authorization essary to implement the Convention Sec. 141. Authorization of major medical facil- will be submitted to the Congress sepa- VETERANS BENEFITS ACT OF 1999 ity projects. rately. Mr. BROWNBACK. I ask that the TITLE II—BENEFITS MATTERS This Convention is a vitally impor- Senate proceed to the consideration of Sec. 201. Payment rate of certain burial benefits tant new element in the campaign Calendar No. 230, S. 1076. for certain Filipino veterans.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 6343 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10638 CONGRESSIONAL RECORD — SENATE September 8, 1999 Sec. 202. Extension of authority to maintain a ‘‘(B) Any payment by the Secretary in con- Subtitle C—Homeless Veterans regional office in the Republic of tribution to capital activities on property that SEC. 121. EXTENSION OF PROGRAM OF HOUSING the Philippines. has been leased under this subchapter may be ASSISTANCE FOR HOMELESS VET- Sec. 203. Extension of Advisory Committee on made from amounts appropriated to the Depart- ERANS. Minority Veterans. ment for construction, minor projects.’’. Section 3735(c) is amended by striking ‘‘De- Sec. 204. Dependency and indemnity compensa- (c) EXTENSION OF AUTHORITY.—Section 8169 is cember 31, 1999’’ and inserting ‘‘December 31, tion for surviving spouses of amended by striking ‘‘December 31, 2001’’ and 2001’’. former prisoners of war. inserting ‘‘December 31, 2011’’. SEC. 122. HOMELESS VETERANS COMPREHENSIVE Sec. 205. Repeal of limitation on payments of SERVICE PROGRAMS. (d) TRAINING AND OUTREACH REGARDING AU- benefits to incompetent institu- (a) PURPOSES OF GRANTS.—Paragraph (1) of THORITY.—The Secretary of Veterans Affairs tionalized veterans. section 3(a) of the Homeless Veterans Com- shall take appropriate actions to provide train- Sec. 206. Clarification of veterans employment prehensive Service Programs Act of 1992 (38 ing and outreach to personnel at Department of opportunities. U.S.C. 7721 note) is amended by inserting ‘‘, and Veterans Affairs medical centers regarding the TITLE III—MEMORIAL AFFAIRS expanding existing programs for furnishing,’’ enhanced-use lease authority under subchapter after ‘‘new programs to furnish’’. Subtitle A—Arlington National Cemetery V of chapter 81 of title 38, United States Code. (b) EXTENSION OF AUTHORITY TO MAKE Sec. 301. Short title. The training and outreach shall address meth- GRANTS.—Paragraph (2) of that section is Sec. 302. Persons eligible for burial in Arlington ods of approaching potential lessees in the med- amended by striking ‘‘September 30, 1999’’ and National Cemetery. ical or commercial sectors regarding the possi- inserting ‘‘September 30, 2001’’. Sec. 303. Persons eligible for placement in the bility of entering into leases under that author- (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- columbarium in Arlington Na- ity and other appropriate matters. tion 12 of that Act (38 U.S.C. 7721 note) is tional Cemetery. (e) INDEPENDENT ANALYSIS OF OPPORTUNITIES amended in the first sentence by inserting ‘‘and Subtitle B—World War II Memorial FOR USE OF AUTHORITY.—(1) The Secretary $50,000,000 for each of fiscal years 2000 and Sec. 311. Short title. shall take appropriate actions to secure from an 2001’’ after ‘‘for fiscal years 1993 through 1997’’. Sec. 312. Fund raising by American Battle appropriate entity independent of the Depart- SEC. 123. AUTHORIZATIONS OF APPROPRIATIONS Monuments Commission for World ment of Veterans Affairs an analysis of opportu- FOR HOMELESS VETERANS’ RE- War II Memorial. nities for the use of the enhanced-use lease au- INTEGRATION PROJECTS. Sec. 313. General authority of American Battle thority under subchapter V of chapter 81 of title Section 738(e)(1) of the Stewart B. McKinney Monuments Commission to solicit 38, United States Code. Homeless Assistance Act (42 U.S.C. 11448(e)(1) is and receive contributions. (2) The analysis under paragraph (1) shall in- amended by adding at the end the following: Sec. 314. Intellectual property and related clude— ‘‘(H) $10,000,000 for fiscal year 2000. items. ‘‘(I) $10,000,000 for fiscal year 2001.’’. (A) a survey of the facilities of the Depart- SEC. 124. REPORT ON IMPLEMENTATION OF GEN- TITLE IV—UNITED STATES COURT OF ment for purposes of identifying Department APPEALS FOR VETERANS CLAIMS ERAL ACCOUNTING OFFICE REC- property that presents an opportunity for lease OMMENDATIONS REGARDING PER- Sec. 401. Temporary service of certain judges of under the enhanced-use lease authority; FORMANCE MEASURES. United States Court of Appeals (B) an assessment of the feasibility of entering (a) REPORT.—Not later than three months for Veterans Claims upon expira- into enhanced-use leases under that authority after the date of the enactment of this Act, the tion of their terms or retirement. in the case of any property identified under sub- Secretary of Veterans Affairs shall submit to the Sec. 402. Modified terms for certain judges of paragraph (A) as presenting an opportunity for Committees on Veterans’ Affairs of the Senate United States Court of Appeals such lease; and and the House of Representatives a report con- for Veterans Claims. taining a detailed plan for the evaluation by the Sec. 403. Temporary authority for voluntary (C) an assessment of the resources required at Department of Veterans Affairs of the effective- separation incentives for certain the Department facilities concerned, and at the ness of programs to assist homeless veterans. judges on United States Court of Department Central Office, in order to facilitate (b) OUTCOME MEASURES.—The plan shall in- Appeals for Veterans Claims. the entering into of enhanced-used leases in the clude outcome measures which determine wheth- Sec. 404. Definition. case of property so identified. er veterans are housed and employed within six SEC. 2. REFERENCES TO TITLE 38, UNITED (3) If as a result of the survey under para- months after housing and employment are se- STATES CODE. graph (2)(A) the entity determines that a par- cured for veterans under such programs. Except as otherwise expressly provided, when- ticular Department property presents no oppor- ever in this Act an amendment or repeal is ex- tunities for lease under the enhanced-use lease Subtitle D—Other Health Care Provisions pressed in terms of an amendment to, or repeal authority, the analysis shall include the entity’s SEC. 131. EMERGENCY HEALTH CARE IN NON-DE- of, a section or other provision, the reference explanation of that determination. PARTMENT OF VETERANS AFFAIRS FACILITIES FOR ENROLLED VET- shall be considered to be made to a section or (4) If as a result of the survey the entity deter- other provision of title 38, United States Code. ERANS. mines that certain Department property presents (a) DEFINITIONS.—Section 1701 is amended— TITLE I—MEDICAL CARE an opportunity for lease under the enhanced- (1) in paragraph (6)— Subtitle A—Long-Term Care use lease authority, the analysis shall include a (A) by striking ‘‘and’’ at the end of subpara- SEC. 101. ADULT DAY HEALTH CARE. single integrated business plan, developed by graph (A); Section 1720(f)(1)(A)(i) is amended by striking the entity, that addresses the strategy and re- (B) by striking the period at the end of sub- ‘‘subsections (a) through (d) of this section’’ sources necessary to implement the plan for all paragraph (B) and inserting ‘‘; and’’; and and inserting ‘‘subsections (b) through (d) of property determined to present an opportunity (C) by inserting after subparagraph (B) the this section’’. for such lease. following new subparagraph: ‘‘(C) emergency care, or reimbursement for SEC. 102. IN-HOME RESPITE CARE SERVICES. (f) AUTHORITY FOR ENHANCED-USE LEASE OF such care, as described in sections 1703(a)(3) Section 1720B(b) is amended— PROPERTY UNDER BUSINESS PLAN.—(1) The Sec- and 1728(a)(2)(E) of this title.’’; and (1) in the matter preceding paragraph (1), by retary may enter into an enhanced-use lease of (2) by adding at the end the following new striking ‘‘or nursing home care’’ and inserting any property identified as presenting an oppor- paragraph: ‘‘, nursing home care, or home-based care’’; and tunity for such lease under the analysis under ‘‘(10) The term ‘emergency medical condition’ (2) in paragraph (2), by inserting ‘‘or in the subsection (e) if such lease is consistent with the means a medical condition manifesting itself by home of a veteran’’ after ‘‘in a Department fa- business plan under paragraph (4) of that sub- acute symptoms of sufficient severity (including cility’’. section. severe pain) such that a prudent layperson, who Subtitle B—Management of Medical Facilities (2) The provisions of subchapter V of chapter possesses an average knowledge of health and and Property 81 of title 38, United States Code, shall apply medicine, could reasonably expect the absence with respect to any lease under paragraph (1). SEC. 111. ENHANCED-USE LEASE AUTHORITY. of immediate medical attention to result in— (a) MAXIMUM TERM OF LEASES.—Section SEC. 112. DESIGNATION OF HOSPITAL BED RE- ‘‘(A) placing the health of the individual (or, 8162(b)(2) is amended by striking ‘‘may not ex- PLACEMENT BUILDING AT DEPART- with respect to a pregnant woman, the health of ceed—’’ and all that follows through the end MENT OF VETERANS AFFAIRS MED- the woman or her unborn child) in serious jeop- and inserting ‘‘may not exceed 55 years.’’. ICAL CENTER IN RENO, NEVADA, ardy; AFTER JACK STREETER. (b) AVAILABILITY OF FUNDS FOR CERTAIN AC- ‘‘(B) serious impairment to bodily functions; TIVITIES RELATING TO LEASES.—Section The hospital bed replacement building under or 8162(b)(4) is amended— construction at the Ioannis A. Lougaris Depart- ‘‘(C) serious dysfunction of any bodily organ (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; ment of Veterans Affairs Medical Center in or part.’’. (2) in subparagraph (A), as so designated— Reno, Nevada, is hereby designated as the (b) CONTRACT CARE.—Section 1703(a)(3) is (A) in the first sentence, by striking ‘‘only’’; ‘‘Jack Streeter Building’’. Any reference to that amended by striking ‘‘medical emergencies’’ and and building in any law, regulation, map, document, all that follows through ‘‘health of a veteran’’ (B) by striking the second sentence; and record, or other paper of the United States shall and inserting ‘‘an emergency medical condition (3) by adding at the end the following new be considered to be a reference to the Jack of a veteran who is enrolled under section 1705 subparagraph: Streeter Building. of this title or who is’’.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 6333 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10639

(c) REIMBURSEMENT OF EXPENSES FOR EMER- ‘‘(B) emphasize, to the maximum extent prac- (3) A description of any existing memoranda GENCY CARE.—Section 1728(a)(2) is amended— ticable, the availability of funds for the pro- of agreement between the Department of Vet- (1) by striking ‘‘or’’ before ‘‘(D)’’; and grams described in paragraphs (1) and (2) of erans Affairs and the Department of Defense (2) by inserting before the semicolon at the subsection (b).’’. that provide for the cooperation referred to in end the following: ‘‘, or (E) for any emergency (2) The table of sections at the beginning of subsection (a). medical condition of a veteran enrolled under chapter 17 is amended by inserting after the item (4) A description of the effects, if any, such section 1705 of this title’’. relating to section 1712B the following new item: agreements will have on current staffing levels (d) PAYMENT PRIORITY.—Section 1705 is ‘‘1712C. Specialized mental health services.’’. at the Defense Supply Center in Philadelphia, amended by adding at the end the following (b) REPORT.—(1) Not later than March 1 of Pennsylvania, and the Department of Veterans new subsection: each of 2000, 2001, and 2002, the Secretary of Affairs National Acquisition Center in Hines, Il- ‘‘(d) The Secretary shall require in a contract Veterans Affairs shall submit to Congress a re- linois. under section 1703(a)(3) of this title, and as a port on the programs carried out by the Sec- (5) A description of the effects, if any, of such condition of payment under section 1728(a)(2) of retary under section 1712C of title 38, United cooperation on military readiness. this title, that payment by the Secretary for States Code (as added by subsection (a)). (6) A comprehensive assessment of cost savings treatment under such contract, or under such (2) The report shall, for the period beginning realized and projected over the five fiscal year section, of a veteran enrolled under this section on the date of the enactment of this Act and period beginning in fiscal year 1999 for the De- shall be made only after any payment that may ending on the date of the report— partment of Veterans Affairs and the Depart- be made with respect to such treatment under (A) describe the programs carried out under ment of Defense as a result of such cooperation, part A or part B of the Medicare program and such section 1712C; and the overall savings to the Treasury of the after any payment that may be made with re- (B) set forth the number of veterans provided United States as a result of such cooperation. services under such programs; and spect to such treatment by a third-party insur- (7) A list of the types of medical supplies and (C) set forth the amounts expended for pur- ance provider.’’. pharmaceuticals for which cooperative agree- poses of carrying out such programs. (e) EFFECTIVE DATE.—The amendments made ments would not be appropriate and the reason SEC. 133. TREATMENT AND SERVICES FOR DRUG by this section shall apply with respect to care or reasons therefor. or services provided on or after the date of the OR ALCOHOL DEPENDENCY. Section 1720A(c) is amended— (8) An assessment of the extent to which coop- enactment of this Act. (1) in the first sentence of paragraph (1)— erative agreements could be expanded to include SEC. 132. IMPROVEMENT OF SPECIALIZED MEN- (A) by striking ‘‘may not be transferred’’ and medical equipment, major systems, and durable TAL HEALTH SERVICES FOR VET- inserting ‘‘may be transferred’’; and goods used in the delivery of health care by the ERANS. (B) by striking ‘‘unless such transfer is during Department of Veterans Affairs and the Depart- (a) IN GENERAL.—(1) Subchapter II of chapter the last thirty days of such member’s enlistment ment of Defense. 17 is amended by inserting after section 1712B or tour of duty’’; and (9) A description of the effects such agree- the following new section: (2) in the first sentence of paragraph (2), by ments might have on distribution of items pur- ‘‘§ 1712C. Specialized mental health services striking ‘‘during the last thirty days of such chased cooperatively by the Department of Vet- ‘‘(a) The Secretary shall carry out programs person’s enlistment period or tour of duty’’. erans Affairs and the Department of Defense, for purposes of enhancing the provision of spe- SEC. 134. ALLOCATION TO DEPARTMENT OF VET- particularly outside the continental United cialized mental health services to veterans. ERANS AFFAIRS HEALTH CARE FA- States. CILITIES OF AMOUNTS IN MEDICAL (10) An assessment of the potential to estab- ‘‘(b) The programs carried out by the Sec- CARE COLLECTIONS FUND. retary under subsection (a) shall include the fol- lish common pharmaceutical formularies be- Section 1729A(d) is amended— tween the Department of Veterans Affairs and lowing: (1) by striking ‘‘(1)’’; ‘‘(1) Programs relating to the treatment of (2) by striking ‘‘each designated health care the Department of Defense. Post Traumatic Stress Disorder (PTSD), includ- region’’ and inserting ‘‘each Department health (11) An explanation of the current Uniform ing programs for— care facility’’; Product Number (UPN) requirements of each ‘‘(A) the establishment and operation of addi- (3) by striking ‘‘each region’’ and inserting Department and of any planned standardiza- tional outpatient and residential treatment fa- ‘‘each facility’’; tion of such requirements between the Depart- cilities for Post Traumatic Stress Disorder in (4) by striking ‘‘such region’’ both places it ments for medical equipment and durable goods areas that are underserved by existing programs appears and inserting ‘‘such facility’’; and manufacturers. relating to Post Traumatic Stress Disorder, as (4) by striking paragraph (2). SEC. 137. REIMBURSEMENT OF MEDICAL EX- determined by qualified mental health personnel SEC. 135. EXTENSION OF CERTAIN PERSIAN GULF PENSES OF VETERANS LOCATED IN of the Department who oversee such programs; WAR AUTHORITIES. ALASKA. ‘‘(B) the provision of services in response to (a) THREE-YEAR EXTENSION OF NEWSLETTER (a) PRESERVATION OF CURRENT REIMBURSE- the specific needs of veterans with Post Trau- ON MEDICAL CARE.—Section 105(b)(2) of the Per- MENT RATES.—Notwithstanding any other provi- matic Stress Disorder and related disorders, in- sian Gulf War Veterans’ Benefits Act (title I of sion of law, the Secretary of Veterans Affairs cluding short-term or long-term care services Public Law 103–446; 108 Stat. 4659; 38 U.S.C. shall, for purposes of reimbursing veterans in that combine residential treatment of Post Trau- 1117 note) is amended by striking ‘‘December 31, Alaska for medical expenses under section 1728 matic Stress Disorder; 1999’’ and inserting ‘‘December 31, 2002’’. of title 38, United States Code, during the one- ‘‘(C) the provision of Post Traumatic Stress (b) THREE-YEAR EXTENSION OF PROGRAM FOR year period beginning on the date of the enact- Disorder or dedicated case management services EVALUATION OF HEALTH OF SPOUSES AND CHIL- ment of this Act, use the fee-for-service payment on an outpatient basis; and DREN.—Section 107(b) of Persian Gulf War Vet- schedule in effect for such purposes on July 31, ‘‘(D) the enhancement of staffing of existing erans’ Benefits Act (title I of Public Law 103– 1999, rather than the Participating Physician programs relating to Post Traumatic Stress Dis- 446; 38 U.S.C. 1117 note) is amended by striking Fee Schedule under the Medicare program. order which have exceeded the projected work- ‘‘December 31, 1999’’ and inserting ‘‘December (b) REPORT.—(1) Not later than 180 days after loads for such programs. 31, 2002’’. the date of the enactment of this Act, the Sec- ‘‘(2) Programs relating to substance use dis- SEC. 136. REPORT ON COORDINATION OF PRO- retary of Veterans Affairs and the Secretary of orders, including programs for— CUREMENT OF PHARMACEUTICALS Health and Human Services shall jointly submit ‘‘(A) the establishment and operation of addi- AND MEDICAL SUPPLIES BY THE DE- to the Committees on Veterans’ Affairs of the PARTMENT OF VETERANS AFFAIRS Senate and the House of Representatives a re- tional Department-based or community-based AND THE DEPARTMENT OF DE- residential treatment facilities; FENSE. port and recommendation on the use of the Par- ‘‘(B) the expansion of the provision of opioid (a) REQUIREMENT.—Not later than March 31, ticipating Physician Fee Schedule under the treatment services, including the establishment 2000, the Secretary of Veterans Affairs and the Medicare program as a means of calculating re- and operation of additional programs for the Secretary of Defense shall jointly submit to the imbursement rates for medical expenses of vet- provision of opioid treatment services; and Committees on Veterans’ Affairs and Armed erans located in Alaska under section 1728 of ‘‘(C) the reestablishment or enhancement of Services of the Senate and the Committees on title 38, United States Code. substance use disorder services at facilities at Veterans’ Affairs and Armed Services of the (2) The report shall— which such services have been eliminated or House of Representatives a report on the co- (A) assess the differences between health care curtailed, with an emphasis on the reestablish- operation between the Department of Veterans costs in Alaska and health care costs in the con- ment or enhancement of services at facilities Affairs and the Department of Defense in the tinental United States; where demand for such services is high or which procurement of pharmaceuticals and medical (B) describe any differences between the costs serve large geographic areas. supplies. of providing health care in Alaska and the reim- ‘‘(c)(1) The Secretary shall provide for the al- (b) REPORT ELEMENTS.—The report under sub- bursement rates for the provision of health care location of funds for the programs carried out section (a) shall include the following: under the Participating Physician Fee Sched- under this section in a centralized manner. (1) A description of the current cooperation ule; and ‘‘(2) The allocation of funds for such pro- between the Department of Veterans Affairs and (C) assess the effects on health care for vet- grams shall— the Department of Defense in the procurement erans in Alaska of implementing the Partici- ‘‘(A) be based upon an assessment of the need of pharmaceuticals and medical supplies. pating Physician Fee Schedule as a means of for funds conducted by qualified mental health (2) An assessment of the means by which co- calculating reimbursement rates for medical ex- personnel of the Department who oversee such operation between the departments in such pro- penses of veterans located in Alaska under sec- programs; and curement could be enhanced or improved. tion 1728 of title 38, United States Code.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 6333 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10640 CONGRESSIONAL RECORD — SENATE September 8, 1999 SEC. 138. REPEAL OF FOUR-YEAR LIMITATION ON or 2303 of this title by reason of subsection (a)(3) TITLE III—MEMORIAL AFFAIRS TERMS OF UNDER SECRETARY FOR shall be made at the rate of $1 for each dollar Subtitle A—Arlington National Cemetery HEALTH AND UNDER SECRETARY authorized. FOR BENEFITS. ‘‘(2) Paragraph (1) applies to any individual SEC. 301. SHORT TITLE. (a) UNDER SECRETARY FOR HEALTH.—Section whose service is described in subsection (a) and This subtitle may be cited as the ‘‘Arlington 305 is amended— who dies after the date of the enactment of the National Cemetery Burial and Inurnment Eligi- (1) by striking subsection (c); and Veterans Benefits Act of 1999 if the individual, bility Act of 1999’’. (2) by redesignating subsection (d) as sub- on the individual’s date of death— SEC. 302. PERSONS ELIGIBLE FOR BURIAL IN AR- section (c). ‘‘(A) is a citizen of the United States; LINGTON NATIONAL CEMETERY. (b) UNDER SECRETARY FOR BENEFITS.—Section ‘‘(B) is residing in the United States; and (a) IN GENERAL.—(1) Chapter 24 is amended 306 is amended— ‘‘(C) either— by adding at the end the following new section: (1) by striking subsection (c); and ‘‘(i) is receiving compensation under chapter ‘‘§ 2412. Arlington National Cemetery: persons (2) by redesignating subsection (d) as sub- 11 of this title; or eligible for burial section (c). ‘‘(ii) if such service had been deemed to be ac- (c) APPLICABILITY.—The amendments made by ‘‘(a) PRIMARY ELIGIBILITY.—The remains of tive military, naval, or air service, would have subsections (a) and (b) shall take effect on the the following individuals may be buried in Ar- been paid pension under section 1521 of this title date of the enactment of this Act and shall lington National Cemetery: without denial or discontinuance by reason of apply with respect to individuals appointed as ‘‘(1) Any member of the Armed Forces who section 1522 of this title.’’. Under Secretary for Health and Under Sec- dies while on active duty. (b) APPLICABILITY.—No benefits shall accrue retary for Benefits, respectively, on or after that ‘‘(2) Any retired member of the Armed Forces to any person for any period before the date of date. and any person who served on active duty and the enactment of this Act by reason of the at the time of death was entitled (or but for age Subtitle E—Major Medical Facility Projects amendments made by subsection (a). would have been entitled) to retired pay under Construction Authorization SEC. 202. EXTENSION OF AUTHORITY TO MAIN- chapter 1223 of title 10. SEC. 141. AUTHORIZATION OF MAJOR MEDICAL TAIN A REGIONAL OFFICE IN THE ‘‘(3) Any former member of the Armed Forces FACILITY PROJECTS. REPUBLIC OF THE PHILIPPINES. separated for physical disability before October (a) IN GENERAL.—The Secretary of Veterans Section 315(b) is amended by striking ‘‘Decem- 1, 1949, who— Affairs may carry out the following major med- ber 31, 1999’’ and inserting ‘‘December 31, 2004’’. ‘‘(A) served on active duty; and ical facility projects, with each project to be car- SEC. 203. EXTENSION OF ADVISORY COMMITTEE ‘‘(B) would have been eligible for retirement ried out in the amount specified for that project: ON MINORITY VETERANS. under the provisions of section 1201 of title 10 (1) Construction of a long term care facility at Section 544(e) is amended by striking ‘‘Decem- (relating to retirement for disability) had that the Department of Veterans Affairs Medical ber 31, 1999’’ and inserting ‘‘December 31, 2004’’. section been in effect on the date of separation Center, Lebanon, Pennsylvania, in an amount SEC. 204. DEPENDENCY AND INDEMNITY COM- of the member. not to exceed $14,500,000. PENSATION FOR SURVIVING ‘‘(4) Any former member of the Armed Forces (2) Renovations and environmental improve- SPOUSES OF FORMER PRISONERS OF whose last active duty military service termi- ments at the Department of Veterans Affairs WAR. nated honorably and who has been awarded Medical Center, Fargo, North Dakota, in an (a) ELIGIBILITY.—Section 1318(b) is amended— one of the following decorations: amount not to exceed $12,000,000. (1) by striking ‘‘that either—’’ in the matter ‘‘(A) Medal of Honor. (3) Construction of a surgical suite and post- preceding paragraph (1) and inserting ‘‘rated ‘‘(B) Distinguished Service Cross, Air Force anesthesia care unit at the Department of Vet- totally disabling if—’’; and Cross, or Navy Cross. erans Affairs Medical Center, Kansas City, Mis- (2) by adding at the end the following new ‘‘(C) Distinguished Service Medal. souri, in an amount not to exceed $13,000,000. paragraph: ‘‘(D) Silver Star. (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) the veteran was a former prisoner of war ‘‘(E) Purple Heart. (1) IN GENERAL.—There is authorized to be ap- who died after September 30, 1999, and whose ‘‘(5) Any former prisoner of war who dies on propriated to the Secretary of Veterans Affairs disability was continuously rated totally dis- or after November 30, 1993. for fiscal year 2000 for the Construction, Major abling for a period of one year immediately pre- ‘‘(6) The President or any former President. Projects, Account $213,100,000 for the projects ceding death.’’. ‘‘(7) Any former member of the Armed Forces authorized in subsection (a) and for the con- (b) CONFORMING AMENDMENTS.—Such section whose last discharge or separation from active tinuation of projects authorized in section 701(a) is further amended— duty was under honorable conditions and who of the Veterans Programs Enhancement Act of (1) in paragraph (1)— is or was one of the following: 1998 (Public Law 105–368; 112 Stat. 3348). (A) by inserting ‘‘the disability’’ after ‘‘(1)’’; ‘‘(A) Vice President. (2) LIMITATION ON FISCAL YEAR 2000 and ‘‘(B) Member of Congress. PROJECTS.—The projects authorized in sub- (B) by striking ‘‘or’’ after ‘‘death;’’; and ‘‘(C) Chief Justice or Associate Justice of the section (a) may only be carried out using— (2) in paragraph (2)— Supreme Court. (A) funds appropriated for fiscal year 2000 (A) by striking ‘‘if so rated for a lesser period, ‘‘(D) The head of an Executive department (as pursuant to the authorizations of appropria- was so rated continuously’’ and inserting ‘‘the such departments are listed in section 101 of title tions in subsection (a); disability was continuously rated totally dis- 5). (B) funds appropriated for Construction, abling’’; and ‘‘(E) An individual who served in the foreign Major Projects, for a fiscal year before fiscal (B) by striking the period at the end and in- or national security services, if such individual year 2000 that remain available for obligation; serting ‘‘; or’’. died as a result of a hostile action outside the and SEC. 205. REPEAL OF LIMITATION ON PAYMENTS United States in the course of such service. (C) funds appropriated for Construction, OF BENEFITS TO INCOMPETENT IN- ‘‘(8) Any individual whose eligibility is au- Major Projects, for fiscal year 2000 for a cat- STITUTIONALIZED VETERANS. thorized in accordance with subsection (b). egory of activity not specific to a project. Section 5503 is amended— ‘‘(b) ADDITIONAL AUTHORIZATIONS OF BUR- VAILABILITY OF UNDS FOR ISCAL EAR (c) A F F Y (1) by striking subsections (b) and (c); and IAL.—(1) In the case of a former member of the 1999 PROJECTS.—Section 703(b)(1) of the Vet- (2) by redesignating subsections (d), (e), and Armed Forces not otherwise covered by sub- erans Programs Enhancement Act of 1998 (112 (f) as subsections (b), (c), and (d), respectively. section (a) whose last discharge or separation Stat. 3349) is amended— SEC. 206. CLARIFICATION OF VETERANS EMPLOY- from active duty was under honorable condi- (1) by redesignating subparagraphs (B) and MENT OPPORTUNITIES. tions, if the Secretary of Defense makes a deter- (C) as subparagraphs (C) and (D), respectively; (a) CLARIFICATION.—Section 3304(f) of title 5, mination referred to in paragraph (3) with re- and United States Code, is amended— spect to such member, the Secretary of Defense (2) by inserting after subparagraph (A) the (1) by striking paragraph (4); may authorize the burial of the remains of such following new subparagraph (B): (2) by redesignating paragraphs (2) and (3) as former member in Arlington National Cemetery ‘‘(B) funds appropriated for fiscal year 2000 paragraphs (3) and (4), respectively; and under subsection (a)(8). pursuant to the authorization of appropriations (3) by inserting after paragraph (1) the fol- ‘‘(2) In the case of any individual not other- in section 341(b)(1) of the Veterans Benefits Act lowing new paragraph (2): wise covered by subsection (a) or paragraph (1), of 1999;’’. ‘‘(2) If selected, a preference eligible or vet- if the President makes a determination referred TITLE II—BENEFITS MATTERS eran described in paragraph (1) shall acquire to in paragraph (3) with respect to such indi- SEC. 201. PAYMENT RATE OF CERTAIN BURIAL competitive status and shall receive a career or vidual, the President may authorize the burial BENEFITS FOR CERTAIN FILIPINO career-conditional appointment, as appro- of the remains of such individual in Arlington VETERANS. priate.’’. National Cemetery under subsection (a)(8). (a) PAYMENT RATE.—Section 107 is amended— (b) EFFECTIVE DATE.—The amendments made ‘‘(3) A determination referred to in paragraph (1) in subsection (a), by striking ‘‘Payments’’ by subsection (a) shall take effect as if included (1) or (2) is a determination that the acts, serv- and inserting ‘‘Subject to subsection (c), pay- in the amendment made to section 3304 of title 5, ice, or other contributions to the Nation of the ments’’; and United States Code, by section 2 of the Veterans former member or individual concerned are of (2) by adding at the end the following: Employment Opportunities Act of 1998 (Public equal or similar merit to the acts, service, or ‘‘(c)(1) In the case of an individual described Law 105–339; 112 Stat. 3182), to which such other contributions to the Nation of any of the in paragraph (2), payments under section 2302 amendments relate. persons listed in subsection (a).

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 6333 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10641

‘‘(4)(A) In the case of an authorization for ‘‘(e) DISABLED ADULT UNMARRIED CHIL- SEC. 303. PERSONS ELIGIBLE FOR PLACEMENT IN burial under this subsection, the President or DREN.—In the case of an unmarried adult child THE COLUMBARIUM IN ARLINGTON the Secretary of Defense, as the case may be, who is incapable of self-support up to the time NATIONAL CEMETERY. shall submit to the Committees on Veterans’ Af- of death because of a physical or mental condi- (a) IN GENERAL.—(1) Chapter 24 is amended fairs of the Senate and the House of Representa- tion, the child may be buried under subsection by adding after section 2412, as added by section tives a report on the authorization not later (c) without requirement for approval by the Su- 302(a)(1) of this Act, the following new section: than 72 hours after the authorization. perintendent under that subsection if the burial ‘‘§ 2413. Arlington National Cemetery: persons ‘‘(B) Each report under subparagraph (A) is in the same gravesite as the gravesite in eligible for placement in columbarium shall— which the parent, who is eligible for burial ‘‘(a) ELIGIBILITY.—The cremated remains of ‘‘(i) identify the individual authorized for under subsection (a), has been or will be buried. the following individuals may be placed in the burial; and ‘‘(f) FAMILY MEMBERS OF PERSONS BURIED IN columbarium in Arlington National Cemetery: ‘‘(ii) provide a justification for the authoriza- A GROUP GRAVESITE.—In the case of a person el- ‘‘(1) A person eligible for burial in Arlington tion for burial. igible for burial under subsection (a) who is bur- National Cemetery under section 2412 of this ‘‘(5)(A) In the case of an authorization for ied in Arlington National Cemetery as part of a title. burial under this subsection, the President or group burial, the surviving spouse, minor child, ‘‘(2)(A) A veteran whose last period of active the Secretary of Defense, as the case may be, or unmarried adult child of the member may not duty service (other than active duty for train- shall publish in the Federal Register a notice of be buried in the group gravesite. ing) ended honorably. the authorization as soon as practicable after ‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN ‘‘(B) The spouse, surviving spouse, minor the authorization. ARLINGTON NATIONAL CEMETERY.—Eligibility child, and, at the discretion of the Super- ‘‘(B) Each notice under subparagraph (A) for burial of remains in Arlington National Cem- intendent of Arlington National Cemetery, un- shall— etery prescribed under this section is the exclu- married adult child of such a veteran. ‘‘(i) identify the individual authorized for ‘‘(b) SPOUSE.—Section 2412(d) of this title burial; and sive eligibility for such burial. ‘‘(h) APPLICATION FOR BURIAL.—A request for shall apply to a spouse under this section in the ‘‘(ii) provide a justification for the authoriza- same manner as it applies to a spouse under sec- tion for burial. burial of remains of an individual in Arlington National Cemetery made before the death of the tion 2412 of this title.’’. ‘‘(c) ELIGIBILITY OF FAMILY MEMBERS.—The (2) The table of sections at the beginning of individual may not be considered by the Sec- remains of the following individuals may be bur- chapter 24 is amended by adding after section retary of the Army, the Secretary of Defense, or ied in Arlington National Cemetery: 2412, as added by section 302(a)(2) of this Act, ‘‘(1)(A) Except as provided in subparagraph any other responsible official. the following new item: (B), the spouse, surviving spouse, minor child, ‘‘(i) REGISTER OF BURIED INDIVIDUALS.—(1) and, at the discretion of the Superintendent, The Secretary of the Army shall maintain a reg- ‘‘2413. Arlington National Cemetery: persons eli- unmarried adult child of a person listed in sub- ister of each individual buried in Arlington Na- gible for placement in columba- section (a), but only if buried in the same tional Cemetery and shall make such register rium.’’. gravesite as that person. available to the public. (b) EFFECTIVE DATE.—Section 2413 of title 38, ‘‘(B) In a case under subparagraph (A) in ‘‘(2) With respect to each such individual bur- United States Code, as added by subsection (a), which the same gravesite may not be used due ied on or after January 1, 1998, the register shall shall apply with respect to individuals dying on to insufficient space, a person otherwise eligible include a brief description of the basis of eligi- or after the date of the enactment of this Act. under that subparagraph may be interred in a bility of the individual for burial in Arlington Subtitle B—World War II Memorial gravesite adjoining the gravesite of the person National Cemetery. SEC. 311. SHORT TITLE. listed in subsection (a) if space in such adjoin- ‘‘(j) DEFINITIONS.—For purposes of this sec- This subtitle may be cited as the ‘‘World War ing gravesite had been reserved for the burial of tion: II Memorial Completion Act’’. such person otherwise eligible under that sub- ‘‘(1) The term ‘retired member of the Armed SEC. 312. FUND RAISING BY AMERICAN BATTLE paragraph before January 1962. Forces’ means— MONUMENTS COMMISSION FOR ‘‘(2)(A) The spouse, minor child, and, at the ‘‘(A) any member of the Armed Forces on a re- WORLD WAR II MEMORIAL. discretion of the Superintendent, unmarried tired list who served on active duty and who is (a) CODIFICATION OF EXISTING AUTHORITY; adult child of a member of the Armed Forces on entitled to retired pay; EXPANSION OF AUTHORITY.—(1) Chapter 21 of active duty if such spouse, minor child, or un- ‘‘(B) any member of the Fleet Reserve or Fleet title 36, United States Code, is amended by add- married adult child dies while such member is Marine Corps Reserve who served on active duty ing at the end the following new section: on active duty. and who is entitled to retainer pay; and ‘‘§ 2113. World War II memorial in the District ‘‘(B) The individual whose spouse, minor ‘‘(C) any member of a reserve component of of Columbia child, and unmarried adult child is eligible the Armed Forces who has served on active duty ‘‘(a) DEFINITIONS.—In this section: under subparagraph (A), but only if buried in and who has received notice from the Secretary ‘‘(1) The term ‘World War II memorial’ means the same gravesite as the spouse, minor child, or concerned under section 12731(d) of title 10 of the memorial authorized by Public Law 103–32 unmarried adult child. eligibility for retired pay under chapter 1223 of (107 Stat. 90) to be established by the American ‘‘(3) The parents of a minor child or unmar- title 10. Battle Monuments Commission on Federal land ried adult child whose remains, based on the eli- ‘‘(2) The term ‘former member of the Armed in the District of Columbia or its environs to gibility of a parent, are already buried in Ar- Forces’ includes a person whose service is con- honor members of the Armed Forces who served lington National Cemetery, but only if buried in sidered active duty service pursuant to a deter- in World War II and to commemorate the par- the same gravesite as that minor child or un- mination of the Secretary of Defense under sec- ticipation of the United States in that war. married adult child. tion 401 of Public Law 95–202 (38 U.S.C. 106 ‘‘(2) The term ‘Commission’ means the Amer- ‘‘(4)(A) Subject to subparagraph (B), the sur- note). ican Battle Monuments Commission. viving spouse, minor child, and, at the discre- ‘‘(3) The term ‘Superintendent’ means the Su- ‘‘(3) The term ‘memorial fund’ means the fund tion of the Superintendent, unmarried adult perintendent of Arlington National Cemetery.’’. created by subsection (c). child of a member of the Armed Forces who was (2) The table of sections at the beginning of ‘‘(b) SOLICITATION AND ACCEPTANCE OF CON- lost, buried at sea, or officially determined to be chapter 24 is amended by adding at the end the TRIBUTIONS.—Consistent with the authority of permanently absent in a status of missing or following new item: the Commission under section 2103(e) of this missing in action. title, the Commission shall solicit and accept ‘‘2412. Arlington National Cemetery: persons eli- ‘‘(B) A person is not eligible under subpara- contributions for the World War II memorial. gible for burial.’’. graph (A) if a memorial to honor the memory of ‘‘(c) CREATION OF MEMORIAL FUND.—(1) (b) PUBLICATION OF UPDATED PAMPHLET.— the member is placed in a cemetery in the na- There is hereby created in the Treasury a fund Not later than 180 days after the date of enact- tional cemetery system, unless the memorial is for the World War II memorial, which shall con- ment of this Act, the Secretary of the Army shall removed. A memorial removed under this sub- sist of the following: paragraph may be placed, at the discretion of publish an updated pamphlet describing eligi- ‘‘(A) Amounts deposited, and interest and pro- the Superintendent, in Arlington National Cem- bility for burial in Arlington National Cemetery. ceeds credited, under paragraph (2). etery. The pamphlet shall reflect the provisions of sec- ‘‘(B) Obligations obtained under paragraph ‘‘(5) The surviving spouse, minor child, and, tion 2412 of title 38, United States Code, as (3). at the discretion of the Superintendent, unmar- added by subsection (a). ‘‘(C) The amount of surcharges paid to the ried adult child of a member of the Armed (c) TECHNICAL AMENDMENTS.—Section 2402(7) Commission for the World War II memorial Forces buried in a cemetery under the jurisdic- is amended— under the World War II 50th Anniversary Com- tion of the American Battle Monuments Com- (1) by inserting ‘‘(or but for age would have memorative Coins Act. mission. been entitled)’’ after ‘‘was entitled’’; ‘‘(D) Amounts borrowed using the authority ‘‘(d) SPOUSES.—For purposes of subsection (2) by striking ‘‘chapter 67’’ and inserting provided under subsection (e). (c)(1), a surviving spouse of a person whose re- ‘‘chapter 1223’’; and ‘‘(E) Any funds received by the Commission mains are buried in Arlington National Ceme- (3) by striking ‘‘or would have been entitled under section 2103(l) of this title in exchange for tery by reason of eligibility under subsection (a) to’’ and all that follows and inserting a period. use of, or the right to use, any mark, copyright who has remarried is eligible for burial in the (d) EFFECTIVE DATE.—Section 2412 of title 38, or patent. same gravesite of that person. The spouse of the United States Code, as added by subsection (a), ‘‘(2) The Chairman of the Commission shall surviving spouse is not eligible for burial in such shall apply with respect to individuals dying on deposit in the memorial fund the amounts ac- gravesite. or after the date of the enactment of this Act. cepted as contributions under subsection (b).

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 6333 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10642 CONGRESSIONAL RECORD — SENATE September 8, 1999 The Secretary of the Treasury shall credit to the from the Treasury under subsection (e) as funds ‘‘(A) reflect unfavorably on the ability of the memorial fund the interest on, and the proceeds available to complete construction of the memo- Commission, or any employee of the Commis- from sale or redemption of, obligations held in rial, whether or not the Commission has actu- sion, to carry out the responsibilities or official the memorial fund. ally exercised the authority to borrow such duties of the Commission in a fair and objective ‘‘(3) The Secretary of the Treasury shall in- funds. manner; or vest any portion of the memorial fund that, as ‘‘(g) VOLUNTARY SERVICES.—(1) Notwith- ‘‘(B) compromise the integrity or the appear- determined by the Chairman of the Commission, standing section 1342 of title 31, the Commission ance of the integrity of the programs of the is not required to meet current expenses. Each may accept from any person voluntary services Commission or any official involved in those investment shall be made in an interest bearing to be provided in furtherance of the fund-rais- programs.’’. obligation of the United States or an obligation ing activities of the Commission relating to the SEC. 314. INTELLECTUAL PROPERTY AND RE- guaranteed as to principal and interest by the World War II memorial. LATED ITEMS. United States that, as determined by the Chair- ‘‘(2) A person providing voluntary services Section 2103 of title 36, United States Code, is under this subsection shall be considered to be a man of the Commission, has a maturity suitable amended by adding at the end the following Federal employee for purposes of chapter 81 of for the memorial fund. new subsection: title 5, relating to compensation for work-related ‘‘(d) USE OF MEMORIAL FUND.—The memorial ‘‘(l) INTELLECTUAL PROPERTY AND RELATED injuries, and chapter 171 of title 28, relating to fund shall be available to the Commission for— ITEMS.—(1) The Commission may— tort claims. A volunteer who is not otherwise ‘‘(1) the expenses of establishing the World ‘‘(A) adopt, use, register, and license trade- employed by the Federal Government shall not War II memorial, including the maintenance marks, service marks, and other marks; be considered to be a Federal employee for any and preservation amount provided for in section ‘‘(B) obtain, use, register, and license the use other purpose by reason of the provision of such 8(b) of the Commemorative Works Act (40 U.S.C. of copyrights consistent with section 105 of title voluntary service, except that any volunteers 1008(b)); 17; ‘‘(2) such other expenses, other than routine given responsibility for the handling of funds or the carrying out of a Federal function are sub- ‘‘(C) obtain, use, and license patents; and maintenance, with respect to the World War II ‘‘(D) accept gifts of marks, copyrights, patents memorial as the Commission considers war- ject to the conflict of interest laws contained in chapter 11 of title 18, and the administrative and licenses for use by the Commission. ranted; and ‘‘(2) The Commission may grant exclusive and ‘‘(3) to secure, obtain, register, enforce, pro- standards of conduct contained in part 2635 of nonexclusive licenses in connection with any tect, and license any mark, copyright or patent title 5, Code of Federal Regulations. mark, copyright, patent, or license for the use of that is owned by, assigned to, or licensed to the ‘‘(3) The Commission may provide for reim- such mark, copyright or patent, except to extent Commission under section 2103(l) of this title to bursement of incidental expenses which are in- the grant of such license by the Commission aid or facilitate the construction of the World curred by a person providing voluntary services would be contrary to any contract or license by War II memorial. under this subsection. The Commission shall de- which the use of such mark, copyright or patent ‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) To termine which expenses are eligible for reim- assure that groundbreaking, construction, and bursement under this paragraph. was obtained. dedication of the World War II memorial are ‘‘(4) Nothing in this subsection shall be con- ‘‘(3) The Commission may enforce any mark, completed on a timely basis, the Commission strued to require Federal employees to work copyright, or patent by an action in the district may borrow money from the Treasury of the without compensation or to allow the use of vol- courts under any law providing for the protec- United States in such amounts as the Commis- unteer services to displace or replace Federal tion of such marks, copyrights, or patents. sion considers necessary, but not to exceed a employees. ‘‘(4) The Attorney General shall furnish the ‘‘(h) TREATMENT OF CERTAIN CONTRACTS.—A total of $65,000,000. Borrowed amounts shall Commission with such legal representation as contract entered into by the Commission for the bear interest at a rate determined by the Sec- the Commission may require under paragraph design or construction of the World War II me- retary of the Treasury, taking into consider- (3). The Secretary of Defense shall provide rep- morial is not a funding agreement as that term ation the average market yield on outstanding resentation for the Commission in administrative is defined in section 201 of title 35. marketable obligations of the United States of proceedings before the Patent and Trademark ‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH comparable maturities during the month pre- Office and Copyright Office. MEMORIAL.—Notwithstanding section 10 of the ‘‘(5) Section 203 of title 17 shall not apply to ceding the month in which the obligations of the Commemorative Works Act (40 U.S.C. 1010), the Commission are issued. The interest payments any copyright transferred in any manner to the legislative authorization for the construction of Commission.’’. on such obligations may be deferred with the the World War II memorial contained in Public TITLE IV—UNITED STATES COURT OF approval of the Secretary of the Treasury, but Law 103–32 (107 Stat. 90) shall not expire until APPEALS FOR VETERANS CLAIMS any interest payment so deferred shall also bear December 31, 2005.’’. interest. (2) The table of sections at the beginning of SEC. 401. TEMPORARY SERVICE OF CERTAIN ‘‘(2) The borrowing of money by the Commis- chapter 21 of title 36, United States Code, is JUDGES OF UNITED STATES COURT sion under paragraph (1) shall be subject to amended by adding at the end the following OF APPEALS FOR VETERANS CLAIMS UPON EXPIRATION OF THEIR TERMS such maturities, terms, and conditions as may new item: be agreed upon by the Commission and the Sec- OR RETIREMENT. ‘‘2113. World War II memorial in the District of retary of the Treasury, except that the matu- (a) AUTHORITY FOR TEMPORARY SERVICE.—(1) Columbia.’’. rities may not exceed 20 years and such bor- Notwithstanding subsection (c) of section 7253 of (b) CONFORMING AMENDMENTS.—Public Law title 38, United States Code, and subject to the rowings may be redeemable at the option of the 103–32 (107 Stat. 90) is amended by striking sec- Commission before maturity. provisions of this section, a judge of the Court tions 3, 4, and 5. whose term on the Court expires in 2004 or 2005 ‘‘(3) The obligations of the Commission shall (c) EFFECT OF REPEAL OF CURRENT MEMORIAL and completes such term, or who retires from the be issued in amounts and at prices approved by FUND.—Upon the date of the enactment of this Court under section 7296(b)(1) of such title, may the Secretary of the Treasury. The authority of Act, the Secretary of the Treasury shall transfer continue to serve on the Court after the expira- the Commission to issue obligations under this amounts in the fund created by section 4(a) of tion of the judge’s term or retirement, as the subsection shall remain available without fiscal Public Law 103–32 (107 Stat. 91) to the fund cre- case may be, without reappointment for service year limitation. The Secretary of the Treasury ated by section 2113 of title 36, United States on the Court under such section 7253. shall purchase any obligations of the Commis- Code, as added by subsection (a). sion to be issued under this subsection, and for (2) A judge may continue to serve on the SEC. 313. GENERAL AUTHORITY OF AMERICAN Court under paragraph (1) only if the judge such purpose the Secretary of the Treasury may BATTLE MONUMENTS COMMISSION use as a public debt transaction of the United TO SOLICIT AND RECEIVE CON- submits to the chief judge of the Court written States the proceeds from the sale of any securi- TRIBUTIONS. notice of an election to so serve 30 days before ties issued under chapter 31 of title 31. The pur- Subsection (e) of section 2103 of title 36, the earlier of— poses for which securities may be issued under United States Code, is amended to read as fol- (A) the expiration of the judge’s term on the such chapter are extended to include any pur- lows: Court as described in that paragraph; or chase of the Commission’s obligations under this ‘‘(e) SOLICITATION AND RECEIPT OF CONTRIBU- (B) the date on which the judge meets the age subsection. TIONS.—(1) The Commission may solicit and re- and service requirements for eligibility for retire- ‘‘(4) Repayment of the interest and principal ceive funds and in-kind donations and gifts ment set forth in section 7296(b)(1) of such title. on any funds borrowed by the Commission from any State, municipal, or private source to (3) The total number of judges serving on the under paragraph (1) shall be made from carry out the purposes of this chapter. The Court at any one time, including the judges amounts in the memorial fund. The Commission Commission shall deposit such funds in a sepa- serving under this section, may not exceed 7. may not use for such purpose any funds appro- rate account in the Treasury. Funds from this (b) PERIOD OF TEMPORARY SERVICE.—(1) The priated for any other activities of the Commis- account shall be disbursed upon vouchers ap- service of a judge on the Court under this sec- sion. proved by the Chairman of the Commission as tion may continue until the earlier of— ‘‘(f) TREATMENT OF BORROWING AUTHORITY.— well as by a Federal official authorized to sign (A) the date that is 30 days after the date on In determining whether the Commission has suf- payment vouchers. which the chief judge of the Court submits to ficient funds to complete construction of the ‘‘(2) The Commission shall establish written the President and Congress a written certifi- World War II memorial, as required by section 8 guidelines setting forth the criteria to be used in cation based on the projected caseload of the of the Commemorative Works Act (40 U.S.C. determining whether the acceptance of funds Court that the work of the Court can be per- 1008), the Secretary of the Interior shall con- and in-kind donations and gifts under para- formed in a timely and efficient manner by sider the funds that the Commission may borrow graph (1) would— judges of the Court under this section who are

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 6333 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10643 senior on the Court to the judge electing to con- (2) The service as a judge of the Court under (A) not later than one year before the date of tinue to provide temporary service under this this section of a person paid salary under sub- retirement of the judge concerned from the section or without judges under this section; or section (d)(1)(B) shall constitute creditable serv- Court; or (B) the date on which the person appointed to ice of the person toward retirement under sub- (B) in the case of a judge whose retirement the position on the Court occupied by the judge chapter V of chapter 72 of title 38, United States from the Court will occur less than one year under this section is qualified for the position. Code, or subchapter III of chapter 83 or sub- after the date of the enactment of this Act, not (2) Subsections (f) and (g) of section 7253 of chapter II of chapter 84 of title 5, United States title 38, United States Code, shall apply with re- later than 30 days after the date of the enact- Code, as applicable. ment of this Act. spect to the service of a judge on the Court (f) ELIGIBILITY FOR ADDITIONAL SERVICE.— under this section. The service of a person as a judge of the Court (e) DATE OF PAYMENT.—A voluntary separa- (c) TEMPORARY SERVICE IN OTHER POSI- under this section shall not affect the eligibility tion incentive payment may be paid to a judge TIONS.—(1) If on the date that the person ap- of the person for appointment to an additional of the Court under this section only upon the pointed to the position on the Court occupied by term or terms on the Court, whether in the posi- retirement of the judge from the Court. a judge under this section is qualified another tion occupied by the person under this section (f) TREATMENT OF PAYMENT.—A voluntary position on the Court is vacant, the judge may or in another position on the Court. separation incentive payment paid to a judge serve in such other position under this section. (g) TREATMENT OF PARTY MEMBERSHIP.—For under this section shall not be treated as pay for (2) If two or more judges seek to serve in a po- purposes of determining compliance with the purposes of contributions for or on behalf of the sition on the Court in accordance with para- last sentence of section 7253(b) of title 38, United judge to retired pay or a retirement or other an- graph (1), the judge senior in service on the States Code, the party membership of a judge nuity under subchapter V of chapter 72 of title Court shall serve in the position under that serving on the Court under this section shall not 38, United States Code. paragraph. be taken into account. (d) COMPENSATION.—(1) Notwithstanding any (g) ELIGIBILITY FOR TEMPORARY SERVICE ON other provision of law, a person whose service SEC. 402. MODIFIED TERMS FOR CERTAIN COURT.—A judge seeking payment of a vol- as a judge of the Court continues under this sec- JUDGES OF UNITED STATES COURT untary separation incentive payment under this OF APPEALS FOR VETERANS CLAIMS. tion shall be paid for the period of service under section may serve on the Court under section 401 (a) MODIFIED TERMS.—Notwithstanding sec- this section an amount as follows: if eligible for such service under that section. (A) In the case of a person eligible to receive tion 7253(c) of title 38, United States Code, the (h) SOURCE OF PAYMENTS.—Amounts for vol- retired pay under subchapter V of chapter 72 of term of any judge of the Court who is appointed to a position on the Court that becomes vacant untary separation incentive payments under title 38, United States Code, or a retirement an- this section shall be derived from amounts avail- nuity under subchapter III of chapter 83 or sub- in 2004 shall be 13 years. (b) ELIGIBILITY FOR RETIREMENT.—(1) For able for payment of salaries and benefits of chapter II of chapter 84 of title 5, United States judges of the Court. Code, as applicable, an amount equal to one- purposes of determining the eligibility to retire half of the amount of the current salary payable under section 7296 of title 38, United States (i) EXPIRATION OF AUTHORITY.—A voluntary to a judge of the Court under chapter 72 of title Code, of a judge appointed as described in sub- separation incentive payment may not be paid 38, United States Code, having a status on the section (a)— under this section to a judge who retires from (A) the age and service requirements in the Court equivalent to the highest status on the the Court after December 31, 2002. table in paragraph (2) shall apply to the judge Court attained by the person. SEC. 404. DEFINITION. (B) In the case of a person not eligible to re- instead of the age and service requirements in ceive such retired pay or such retirement annu- the table in subsection (b)(1) of that section that In this title, the term ‘‘Court’’ means the ity, an amount equal to the amount of current would otherwise apply to the judge; and United States Court of Appeals for Veterans salary payable to a judge of the Court under (B) the minimum years of service applied to Claims. such chapter 72 having a status on the Court the judge for eligibility to retire under the first Amend the title so as to read: ‘‘A bill To equivalent to the highest status on the Court at- sentence of subsection (b)(2) of that section shall amend title 38, United States Code, to en- tained by the person. be 13 years instead of 15 years. hance programs providing health care and (2) The age and service requirements in this (2) Amounts paid under this subsection to a other benefits for veterans, to authorize paragraph are as follows: person described in paragraph (1)(A)— major medical facility projects, to reform (A) shall not be treated as— The judge has attained And the years of service as eligibility for burial in Arlington National age: a judge are at least (i) compensation for employment with the Cemetery, and for other purposes.’’. United States for purposes of section 7296(e) of 65 ...... 13 title 38, United States Code, or any provision of 66 ...... 13 AMENDMENT NO. 1622 67 ...... 13 title 5, United States Code, relating to the re- (Purpose: To improve the provisions relating ceipt or forfeiture of retired pay or retirement 68 ...... 12 69 ...... 11 to long-term health care for veterans and annuities by a person accepting compensation for other purposes) for employment with the United States; or 70 ...... 10 (ii) pay for purposes of deductions or con- SEC. 403. TEMPORARY AUTHORITY FOR VOL- Mr. BROWNBACK. Senators ROCKE- tributions for or on behalf of the person to re- UNTARY SEPARATION INCENTIVES FELLER and SPECTER have an amend- tired pay under subchapter V of chapter 72 of FOR CERTAIN JUDGES ON UNITED ment at the desk, and I ask for its im- title 38, United States Code, or under chapter 83 STATES COURT OF APPEALS FOR mediate consideration. or 84 of title 5, United States Code, as applica- VETERANS CLAIMS. ble; but (a) TEMPORARY AUTHORITY.—A voluntary The PRESIDING OFFICER. The (B) may, at the election of the person, be separation incentive payment may be paid in clerk will report. treated as pay for purposes of deductions or accordance with this section to any judge of the contributions for or on behalf of the person to a Court described in subsection (c). The legislative clerk read as follows: retirement or other annuity, or both, under sub- (b) AMOUNT OF INCENTIVE PAYMENT.—The The Senator from Kansas [Mr. BROWN- chapter V of chapter 72 of title 38, United States amount of a voluntary separation incentive BACK], for Mr. ROCKEFELLER and Mr. SPEC- Code, or under chapter 83 or 84 of title 5, United payment paid to a judge under this section shall TER, proposes an amendment numbered 1622. States Code, as applicable. be $25,000. (3) Amounts paid under this subsection to a (c) COVERED JUDGES.—A voluntary separation (The text of the amendment is print- person described in paragraph (1)(B) shall be incentive payment may be paid under this sec- ed in today’s RECORD under ‘‘Amend- treated as pay for purposes of deductions or tion to any judge of the Court who— ments Submitted.’’) contributions for or on behalf of the person to (1) meets the age and service requirements for retired pay or a retirement or other annuity retirement set forth in section 7296(b)(1) of title Mr. SPECTER. Madam President, as under subchapter V of chapter 72 of title 38, 38, United States Code, as of the date on which chairman of the Senate Committee on United States Code, or under chapter 83 or 84 of the judge retires from the Court; Veterans’ Affair, I am pleased to report title 5, United States Code, as applicable. (2) submits a notice of an intent to retire in to the Senate on the features of S. 1076, (4) Amounts paid under this subsection shall accordance with subsection (d); and the ‘‘Veterans Benefits Act of 1999,’’ as be derived from amounts available for payment (3) retires from the Court under that section amended. This is a very important bill, of salaries and benefits of judges of the Court. not later than 30 days after the date on which and I direct the Senate’s attention to (e) CREDITABLE SERVICE.—(1) The service as a the judge meets such age and service require- judge of the Court under this section of a person ments. some of its more salient features. who makes an election provided for under sub- (d) NOTICE OF INTENT TO RETIRE.—(1) A judge As is explained in detail in the Com- section (d)(2)(B) shall constitute creditable serv- of the Court seeking payment of a voluntary mittee Report which accompanies this ice toward the judge’s years of judicial service separation incentive payment under this section legislation, S. 1076 would improve and for purposes of section 7297 of title 38, United shall submit to the President and Congress a enhance the ability of the Department States Code, with such service creditable at a timely notice of an intent to retire from the rate equal to the rate at which such service Court, together with a request for payment of of Veterans Affairs (VA) to address a would be creditable for such purposes if served the voluntary separation incentive payment. variety of the needs of the Nation’s by a judge of the Court under chapter 72 of that (2) A notice shall be timely submitted under veterans. It would enhance VA’s ability title. paragraph (1) only if submitted— to provide long term care services to

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10644 CONGRESSIONAL RECORD — SENATE September 8, 1999 aging veterans, and housing, training ate for its attention to the needs of the pite care; palliative and end-of-life and other services to homeless vet- Nation’s veterans. care; and homemaker or home health erans. It would extend VA programs to Mr. ROCKEFELLER. Madam Presi- care aide visits. Veterans would have provide outreach and medical moni- dent, as ranking member of the Senate unfettered access to these needed and toring services to Persian Gulf War Committee on Veterans’ Affairs, I am cost-effective long-term care services. veterans and their families. It would pleased to support this comprehensive Second, S. 1076, as amended, would improve and expand VA’s authority to bill, which would make valuable add clear authority for VA to furnish enter into ‘‘enhanced use leases’’— changes to a wide range of veterans’ assisted living services, including to leases which permit VA to more effec- benefits and services. the spouses of veterans. VA already tively manage its large and costly in- The bill we consider today, S. 1076, furnishes a form of assisted living serv- frastructure—and it would authorize the Veterans Benefits Act of 1999, ad- ices through its domiciliary care pro- needed construction projects. Further, dresses many initiatives—from ensur- gram, but the provisions in the bill S. 1076 would improve benefits provided ing that the surviving spouses of ex- would provide express authority to fur- to institutionalized veterans, to the POW’s will be provided for com- nish this modality of care to older vet- survivors of former prisoners of war, pensated to furnishing job training to erans within the confines of a dem- and to certain Filipino veterans. Fi- homeless veterans. I will mention here onstration project at a Veterans Inte- nally, it would clarify and codify only a few of the issues which are of grated Service Network. standards governing burial in Arling- particular interest to me. The Report of the Federal Advisory ton National Cemetery and provide The first is long-term care for vet- Committee on the Future of VA Long- statutory authority needed to permit erans. Term Care specifically notes that while the timely construction in Washington S. 1076, as amended, represents a many state programs are moving in the of a World War II Memorial. comprehensive effort to address the direction of assisted living—to cut One matter that has not yet been re- long-term care needs of our veterans. costs and to provide the most appro- solved prior to the reporting of this Title I includes provisions based on the priate level of care—VA cannot do so. bill—how proposed pilot programs to ‘‘Veterans’ Long-Term Care Enhance- The results of the demonstration provide long term care and assisted liv- ment Act of 1999,’’ which I introduced project will provide VA and Congress ing services to veterans ought to be earlier in the session. In my view, we with a rational basis from which to structured—merits explanation now. must take a first step to reach out to proceed to authorize assisted living for The Ranking Minority Member of the veterans who presently need long-term all veterans. Committee, Senator Rockefeller, and I care services, or will in the future. I Third, VA would be mandated to have now resolved that matter and our am glad that we have done so. carry out a series of pilot programs, agreement is reflected in an amend- At the outset, I want to say that my over a period of 3 years, which would be ment to the bill that we offer jointly wish would be for VA to provide long- designed to gauge the best way for VA today. As amended, S. 1076 would in- term care to all veterans who need and to meet veterans’ long-term care struct VA to initiate pilot programs to want it. While the provisions now in- needs—either directly, through cooper- provide veterans long term care and as- cluded in S. 1076 are only one step to- ative arrangements with community sisted living services. The long term care pilot programs ward determining what VA should be providers, or by purchasing services mandated by this legislation would re- doing to meet the needs of veterans for from non-VA providers. quire that VA—without interrupting long-term care, I believe that it is an While VA has developed significant current services—provide and report on important step in that regard. expertise in long-term care over the long term care services offered in sepa- There is no doubt that demand for past 20-plus years, it has not done so rate VA ‘‘designated health care re- long-term care—for veterans and non- with any mandate to share its learning gions’’ (Veterans Integrated Service veterans alike—is increasing. In the with others, nor has it pushed its pro- Networks or ‘‘VISNs’’ under VA’s cur- Department of Veterans Affairs (VA), gram development beyond that which rent organizational structure) using however, we face an even more pressing met the current needs at the time. three models: an ‘‘in house’’ model; a demand. Some experts even believe that VA’s community-based cooperative model; I am proud of VA’s work in respond- expertise is gradually eroding. and a model representing a hybrid of ing to current demand for long-term For VA’s expertise to be of greatest the VA-staffed and community-based care services. VA has developed geri- use to others, it needs both to better approaches. We hope to demonstrate atric evaluation teams, home-based capture what it has done and to de- that VA can offer the Nation a mean- primary care, and adult day health velop new learning that would be most ingful methodology for managing com- care—all cost-effective ways to assess applicable to other health care enti- prehensive care to an aging clientele, and care for veterans. But to quote ties. Those who would benefit by fur- and identify the model or models by from the Report of the Federal Advi- ther action to develop and capitalize on which such care can be provided most sory Committee on the Future of VA VA’s long-term care expertise include cost-effectively. Long-Term Care, despite VA’s high older veterans, primarily our honored The second pilot program mandated quality and long tradition, ‘‘VA long- World War II veterans; those health or- by this legislation would direct VA to term care is marginalized and unevenly ganizations, including academic medi- develop an appropriate model for fur- funded.’’ cine and research entities, with which nishing assisted living services to vet- There are three key elements to Sub- VA is now connected; and finally, the erans, as recommended by the Federal title A of Title I. The first includes rest of the U.S. health care system, and Advisory Committee on Long Term provisions which clarify that long-term ultimately all Americans who will need Care. This pilot program would em- care is not only nursing home care, and some form of long-term care services. power VA to provide services to aged that existing differences in law be- Each element of the pilot program and disabled veterans in their homes or tween eligibility for institutional long- would establish and carry out a com- in other residential settings to assist term care and other types of care of- prehensive long-term care program, them with their activities of daily liv- fered by VA do not affect VA’s ability with a full array of services, ranging ing—and to assist them in avoiding or to furnish a full array of noninstitu- from inpatient long-term care—in in- deferring more costly hospital or nurs- tional long-term care services. termediate care beds, nursing homes, ing home care. The Ranking Member Specifically, the provision would add and domiciliary care facilities—to and I hope to thrust VA into the fore- ‘‘noninstitutional extended care serv- comprehensive noninstitutional serv- front of this growing and challenging ices’’ to the definition of ‘‘medical ices, which include hospital-based field of health care and foster the de- services,’’ thereby removing any doubt home care, adult day health care, res- velopment of new and cost-effective so- about VA’s authority to furnish such pite care, and other community-base lutions to challenges which all aging services to veterans enrolled in VA interventions. Americans face. care. The term would be defined to in- In each element of the pilot pro- I urge the immediate passage of this clude the following: home-based pri- grams, VA would also be mandated to bill as amended. And I thank the Sen- mary care; adult day health care; res- furnish case management services to

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10645 ensure that veterans participating in ment of PTSD, while expanding its use those veterans who have enrolled with the pilot programs receive the optimal of outpatient programs. VA’s decision VA for their health care. I thank my treatment and placement for services. has been fueled in part by studies of colleague, Senator DASCHLE, for his Preventive health care services, such the cost effectiveness of various treat- leadership on this issue. as screening and patient education, and ment approaches. The potential to While VA provides a very generous a particular focus on end-of-life care stretch limited VA dollars to be able to standard benefits package for all vet- are also emphasized. In my view, VA treat more veterans is appealing. How- erans who are enrolled with the VA for must have ready access to all of these ever, VA needs to be cautious before their health care, enrolled veterans do services. subscribing to the idea that outpatient not have comprehensive emergency Finally, a key purpose of the pilot care is as good as inpatient care for all care. This is a serious gap in coverage program would be to test and evaluate veterans with PTSD. For some of the for veterans, as large and unexpected various approaches to meeting the more seriously affected veterans—who emergency medical care bills can long-term care needs of eligible vet- have not succeeded in shorter inpatient present a significant financial burden. erans, both to develop approaches that or outpatient programs, are homeless That is why I offered this proposal at a could be expanded across VA, as well as or unemployed, or have dual diag- Committee meeting. I am gratified to demonstrate to others outside of VA noses—longer inpatient or bed-based that my colleagues on the Committee the effectiveness and impact of various care may be a necessity. chose to support it. approaches to long-term care. To this Substance use disorders also present Coverage of emergency care services end, the pilot program within S. 1076 complex treatment problems and have for all veterans is supported by the would include specific data collection taken perhaps the hardest hit of all the consortium of veterans services organi- on matters such as cost effectiveness, specialized programs. It is not sur- zations that authored the Independent quality of health care services pro- prising that treatment has shifted from Budget for Fiscal Year 2000—AMVETS, vided, enrollee and health care pro- an emphasis on inpatient to outpatient the Disabled American Veterans, the vider satisfaction, and the ability of care. Some substance use disorder pro- Paralyzed Veterans of America, and participants to carry out basic activi- grams have terminated inpatient treat- the Veterans of Foreign Wars. The con- ties of daily living. ment completely, except for veterans cept is also included in the Administra- I look forward to working with the requiring short detoxifications in ex- tion’s FY 2000 budget request for VA chairman and the members of the Com- treme situations. while some medical and the Consumer Bill of Rights, which mittee on Veterans’ Affairs in the centers have closed inpatient substance President Clinton has directed every House of Representatives to advance use disorder beds, they have worked to federal agency engaged in managing or the cause of long-term care in VA. And provide alternative, sheltered living ar- delivering health care to adopt. I thank Senator SPECTER for his will- rangements. Unfortunately, not all fa- To quote from the Consumer Bill of ingness to undertake these advance- cilities have made these efforts. Many rights: ments in veterans’ long-term care pro- have moved directly to the closure of Consumers have the right to access emer- grams. inpatient units without first devel- gency health care services when and where Another major issue of great interest the need arises. Health plans should provide to me which S. 1076 addresses are spe- oping these other alternatives. Section 132 of S. 1076, as amended, payment when a consumer presents to an cialized mental health services for vet- mandates that the Secretary of Vet- emergency department with acute symptoms erans. of sufficient severity—including severe Last year, I directed my staff on the erans Affairs carry out programs to en- pain—such that a ‘‘prudent layperson’’ could Committee on Veterans’ Affairs to un- hance the provision of specialized men- reasonably expect the absence of medical at- dertake a study of the services the De- tal health services to veterans. The tention to result in placing their health in partment of Veterans Affairs offers to ‘‘Veterans Benefits Act of 1999’’ specifi- serious jeopardy, serious impairment to bod- veterans with special needs. Earlier cally targets services for those af- ily functions, or serious dysfunction of any bodily organ or part. this summer, I released the report my flicted with PTSD and substance use Committee staff wrote based on their 8- disorders. The legislation before us also S. 1076 adopts this ‘‘prudent month oversight investigation, which requires that funding will be available, layperson’’ standard, which is intended sought to determine if VA is complying in a centralized manner, to fund pro- to protect both the veteran and the with a Congressional mandate to main- posals from the Veterans Integrated VA. tain capacity in five of the specialized Service Networks and the individual I look forward to working with my programs: Prosthetics and Sensory facilities to provide specialized mental colleagues on the House Committees on Aids Services, Blind Rehabilitation, health services. Qualified mental Veterans’ Affairs to make this proposal Spinal Cord Injury (SCI), Post-Trau- health personnel at the VA who over- a reality. Through their service to our matic Stress Disorders (PTSD), and see these programs shall conduct an as- country, our veterans have earned Substance Use Disorders. sessment of need for the funds. comprehensive, high quality health In summary, my staff determined I must stress that these provisions care, and that must include emergency that field personnel have just barely are not aimed at rebuilding the tradi- care, as well. been able to maintain the level of serv- tional inpatient infrastructure. In- The final issue contained in S. 1076 ices in the Prosthetics, Blind Rehabili- stead, the focus is on expanding out- to which I wish to draw attention is a tation, and SCI programs, but that the patient and residential treatment fa- provision to improve VA’s enhanced PTSD and substance use disorder pro- cilities, developing better case manage- use lease authority, because I believe it grams are not being maintained in ac- ment, and generally improving the is a critical component of VA’s man- cordance with the mandates in law. Be- availability of services. agement strategy for its property. cause of staff and funding reductions, In my view, VA’s mental health Many terrific projects that better serve and the resulting increases in work- treatment programs, in general, have veterans and assist the VA have been loads and excessive waiting times, the been eroded to the point that veterans developed under this authority. I be- latter two programs are failing to sus- in some areas of the country are suf- lieve it is vital for VA to develop more tain services at the needed levels. fering needlessly. That is why I am so enhanced use lease projects to leverage This is particularly troubling be- pleased that S. 1076 includes provisions its assets, before it begins to dispose of cause from its inception, the Depart- to prompt VA to begin to rebuild some irreplaceable property. I thank Senator ment of Veterans Affairs’ health care of what has been lost. Specter for accepting these provisions. system has developed widely recog- The third major issue of particular Since VA received enhanced use au- nized expertise in providing services to concern to me which S. 1076 addresses thority, it has been used to lease land meet the special needs of veterans with is emergency care for veterans. I am to companies that build nursing homes spinal cord injuries, amputations, very pleased that it includes provisions where VA can place veterans at dis- blindness, and post-traumatic stress drawn directly from the ‘‘Veterans’ Ac- counted rates, resulting in savings of disorder. cess to Emergency Care Act of 1999,’’ millions of dollars. Another use has With specific regard to PTSD, VA has which would authorize VA to cover been to provide transitional housing been moving to reduce inpatient treat- emergency care at non-VA facilities for for homeless veterans. Other projects

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10646 CONGRESSIONAL RECORD — SENATE September 8, 1999 have created reliable child care and sions and to work with Senator SPEC- Sec. 122. Homeless veterans comprehensive adult day care facilities for VA em- TER and me to implement them. Amer- service programs. ployees’ families, so that they can care ica’s veterans deserve nothing less. Sec. 123. Authorizations of appropriations for veterans without having to worry Mr. CLELAND. Mr. President, I am for homeless veterans’ re- integration projects. about the health and safety of their very pleased to endorse S. 1076, the Sec. 124. Report on implementation of Gen- loved ones. In other locations, VA re- Veterans’ Benefit Act of 1999. I want to eral Accounting Office rec- gional offices are moving onto VA med- thank the distinguished Chairman and ommendations regarding per- ical center campuses, resulting in more Ranking Member of the Senate Com- formance measures. convenient access for veterans and bet- mittee on Veterans’ Affairs for all Subtitle D—Other Health Care Provisions ter cooperation between the Veterans their hard work to maintain and en- Sec. 131. Emergency health care in non-De- Benefits Administration and the Vet- hance veterans’ benefits and for includ- partment of Veterans Affairs erans Health Administration. ing the much needed construction ren- facilities for enrolled veterans. Section 111 of S. 1076 would remove ovation at the Atlanta VA Medical Sec. 132. Improvement of specialized mental health services for veterans. many of the current barriers pre- Center. Senators SPECTOR and ROCKE- venting VA from having an even more Sec. 133. Treatment and services for drug or FELLER have provided excellent leader- alcohol dependency. successful enhanced use lease program. ship during these challenging times of Sec. 134. Allocation to Department of Vet- It would allow VA to enter into leases matching current budget levels with erans Affairs health care facili- of up to 55-year terms, rather than the the provision of promised benefits. ties of amounts in Medical Care current 20 and 35 years, while elimi- The Atlanta VA Medical Center ren- Collections Fund. nating the distinction in lease terms ovation will be critical to providing Sec. 135. Extension of certain Persian Gulf that exists between leases involving care for all of our veterans, men and War authorities. new construction or substantial ren- women, in the new millennium. S. 1076 Sec. 136. Report on coordination of procure- ment of pharmaceuticals and ovation, and those involving current proposes other needed benefits in the medical supplies by the Depart- structures. Section 111 would also au- areas of service-connected disability ment of Veterans Affairs and thorize VA to use appropriated funds compensation, health and education, the Department of Defense. from its minor construction account medical facility construction and bur- Sec. 137. Reimbursement of medical ex- for contributions to capital activities ial entitlements. penses of veterans located in in order to secure the best lease terms Again, I salute the work of Senate Alaska. possible. Veterans’ Committee and I am pleased Sec. 138. Repeal of four-year limitation on Current authority for VA to enter terms of Under Secretary for to support S. 1076. Health and Under Secretary for into enhanced use leases is set to ex- Mr. BROWNBACK. I ask unanimous Benefits. pire on December 31, 2001. Projects that consent that the amendment be agreed Subtitle E—Major Medical Facility Projects are currently in development face the to, the committee substitute, as Construction Authorization possibility of negotiations not being amended, be agreed to, the bill be read Sec. 141. Authorization of major medical fa- completed prior to the expiration date. a third time and passed, the title cility projects. Therefore, S. 1076 extends VA’s author- amendment be agreed to, the motion to TITLE II—BENEFITS MATTERS ity by a sufficient length of time—until reconsider be laid upon the table, and Sec. 201. Payment rate of certain burial ben- December 31, 2011—so as not to chill that any statements relating to the efits for certain Filipino vet- negotiations in the near future. bill be printed in the RECORD. erans. I am very interested in seeing VA en- The PRESIDING OFFICER. Without Sec. 202. Extension of authority to maintain gage in more of these projects, so I am objection, it is so ordered. a regional office in the Republic pleased to see that S. 1076 would re- The amendment (No. 1622) was agreed of the Philippines. quire the Secretary to provide training to. Sec. 203. Extension of Advisory Committee and outreach regarding enhanced use The committee substitute, as amend- on Minority Veterans. leasing to personnel at VA medical Sec. 204. Dependency and indemnity com- ed, was agreed to. pensation for surviving spouses centers. The bill also requires the Sec- The bill (S. 1076), as amended, was of former prisoners of war. retary to contract for an independent considered read the third time, and Sec. 205. Repeal of limitation on payments assessment of opportunities for en- passed, as follows: of benefits to incompetent in- hanced use leases. This assessment S. 1076 stitutionalized veterans. would include a survey of suitable fa- Be it enacted by the Senate and House of Rep- Sec. 206. Clarification of veterans employ- cilities, a determination of the feasi- resentatives of the United States of America in ment opportunities. bility of projects at those facilities, Congress assembled, TITLE III—MEMORIAL AFFAIRS and an analysis of the resources re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle A—Arlington National Cemetery quired to enter into a lease. I hope that (a) SHORT TITLE.—This Act may be cited as Sec. 301. Short title. more training—which until now has the ‘‘Veterans Benefits Act of 1999’’. Sec. 302. Persons eligible for burial in Ar- been sporadic and primarily on a by-re- (b) TABLE OF CONTENTS.—The table of con- lington National Cemetery. quest basis—and a more systematic tents for this Act is as follows: Sec. 303. Persons eligible for placement in and centralized approach would assist Sec. 1. Short title; table of contents. the columbarium in Arlington National Cemetery. the VA in maximizing its enhanced use Sec. 2. References to title 38, United States Code. lease opportunities. Subtitle B—World War II Memorial In conclusion, I believe that S. 1076 TITLE I—MEDICAL CARE Sec. 311. Short title. represents a real step forward in pro- Subtitle A—Long-Term Care Sec. 312. Fund raising by American Battle Monuments Commission for Sec. 101. Continuum of care for veterans. viding veterans with the type of care World War II Memorial. Sec. 102. Pilot programs relating to long- that they require, and in giving VA the Sec. 313. General authority of American term care of veterans. legislative tools to carry out that Battle Monuments Commission Sec. 103. Pilot program relating to assisted care—be it emergency care, long-term to solicit and receive contribu- living services. care, or specialized mental health tions. Subtitle B—Management of Medical Sec. 314. Intellectual property and related treatment. When Congress passed VA Facilities and Property health care eligibility reform in 1996, items. Sec. 111. Enhanced-use lease authority. we told veterans that VA would be TITLE IV—UNITED STATES COURT OF Sec. 112. Designation of hospital bed re- APPEALS FOR VETERANS CLAIMS their comprehensive health care pro- placement building at Depart- Sec. 401. Temporary service of certain vider; but since its enactment, we have ment of Veterans Affairs med- judges of United States Court of found significant limitations and bar- ical center in Reno, Nevada, Appeals for Veterans Claims after Jack Streeter. riers to providing the types of care vet- upon expiration of their terms erans need. S. 1076 tears down many of Subtitle C—Homeless Veterans or retirement. those barriers. Sec. 121. Extension of program of housing Sec. 402. Modified terms for certain judges I urge my colleagues in the House to assistance for homeless vet- of United States Court of Ap- carefully examine these critical provi- erans. peals for Veterans Claims.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0655 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10647

Sec. 403. Temporary authority for voluntary (b) LOCATIONS OF PILOT PROGRAMS.—(1) purposes of meeting the long-term care needs separation incentives for cer- Each pilot program under this section shall of eligible veterans, including any cost ad- tain judges on United States be carried out in two designated health care vantages under such programs and activities Court of Appeals for Veterans regions of the Department of Veterans Af- when compared with the Medicare program, Claims. fairs selected by the Secretary for purposes Medicaid program, or other Federal program Sec. 404. Definition. of this section. serving similar populations; SEC. 2. REFERENCES TO TITLE 38, UNITED (2) In selecting designated health care re- (2) the quality of the services provided STATES CODE. gions of the Department for purposes of a under such programs and activities; Except as otherwise expressly provided, particular pilot program, the Secretary (3) the satisfaction of participating vet- whenever in this Act an amendment or re- shall, to the maximum extent practicable, erans, non-Department, and non-Government peal is expressed in terms of an amendment select designated health care regions con- entities with such programs and activities; to, or repeal of, a section or other provision, taining a medical center or medical centers and the reference shall be considered to be made whose current circumstances and activities (4) the effect of such programs and activi- to a section or other provision of title 38, most closely mirror the circumstances and ties on the ability of veterans to carry out United States Code. activities proposed to be achieved under such basic activities of daily living over the pilot program. TITLE I—MEDICAL CARE course of such veterans’ participation in (3) The Secretary may not carry out more such programs and activities. Subtitle A—Long-Term Care than one pilot program in any given des- (h) REPORT.—(1) Not later than six months SEC. 101. CONTINUUM OF CARE FOR VETERANS. ignated health care region of the Depart- after the completion of the pilot programs ment. (a) INCLUSION OF NONINSTITUTIONAL EX- under subsection (i), the Secretary shall sub- (c) SCOPE OF SERVICES UNDER PILOT PRO- TENDED CARE SERVICES IN DEFINITION OF mit to Congress a report on the health serv- GRAMS.—(1) The services provided under the MEDICAL SERVICES.—Section 1701 is amend- pilot programs under this section shall in- ices and other services furnished by the De- ed— clude a comprehensive array of health care partment to meet the long-term care needs (1) in paragraph (6)(A)(i), by inserting services and other services that meet the of eligible veterans. ‘‘noninstitutional extended care services,’’ long-term care needs of veterans, including— (2) The report under paragraph (1) shall— after ‘‘preventive health services,’’; and (A) inpatient long-term care in inter- (A) describe the comprehensive array of (2) by adding at the end the following new mediate care beds, in nursing homes, and in health services and other services furnished paragraphs: domiciliary care facilities; and by the Department under law to meet the ‘‘(10) The term ‘noninstitutional extended (B) non-institutional long-term care, in- long-term care needs of eligible veterans, in- care services’ includes— cluding hospital-based primary care, adult cluding— ‘‘(A) home-based primary care; day health care, respite care, and other com- (i) inpatient long-term care in inter- ‘‘(B) adult day health care; munity-based interventions and care. mediate care beds, in nursing homes, and in ‘‘(C) respite care; (2) As part of the provision of services domiciliary care facilities; and ‘‘(D) palliative and end-of-life care; and under the pilot programs, the Secretary (ii) non-institutional long-term care, in- ‘‘(E) home health aide visits. shall also provide appropriate case manage- cluding hospital-based primary care, adult ‘‘(11) The term ‘respite care’ means hos- ment services. day health care, respite care, and other com- pital care, nursing home care, or residence- (3) In providing services under the pilot munity-based interventions and care; based care which— programs, the Secretary shall emphasize the (B) describe the case management services ‘‘(A) is of limited duration; provision of preventive care services, includ- furnished as part of the services described in ‘‘(B) is furnished in a Department facility ing screening and education. subparagraph (A) and assess the role of such or in the residence of an individual on an (4) The Secretary may provide health care case management services in ensuring that intermittent basis to an individual who is services or other services under the pilot eligible veterans receive services to meet suffering from a chronic illness and who re- programs only if the Secretary is otherwise their long-term care needs; and sides primarily at that residence; and authorized to provide such services by law. (C) in describing services under subpara- ‘‘(C) is furnished for the purpose of helping (d) DIRECT PROVISION OF SERVICES.—Under graphs (A) and (B), emphasize the role of pre- the individual to continue residing primarily one of the pilot programs under this section, ventive services in the furnishing of such at that residence.’’. the Secretary shall provide long-term care services. (b) CONFORMING AMENDMENTS TO TITLE 38.— services to eligible veterans directly through (i) DURATION OF PROGRAMS.—(1) The Sec- (1)(A) Section 1720 is amended by striking facilities and personnel of the Department of retary shall commence carrying out the pilot subsection (f). Veterans Affairs. programs required by this section not later (B) The section heading of such section is (e) PROVISION OF SERVICES THROUGH COOP- than 90 days after the date of the enactment amended by striking ‘‘; adult day health ERATIVE ARRANGEMENTS.—(1) Under one of of this Act. care’’. the pilot programs under this section, the (2) The authority of the Secretary to pro- (2) Section 1720B is repealed. Secretary shall provide long-term care serv- vide services under the pilot programs shall (3) Chapter 17 is further amended by redes- ices to eligible veterans through a combina- cease on the date that is three years after ignating sections 1720C, 1720D, and 1720E as tion (as determined by the Secretary) of— the date of the commencement of the pilot sections 1720B, 1720C, and 1720D, respectively. (A) services provided under cooperative ar- programs under paragraph (1). rangements with appropriate public and pri- (c) CLERICAL AMENDMENTS.—The table of (j) DEFINITIONS.—In this section: vate non-Governmental entities, including sections for chapter 17 is amended— (1) ELIGIBLE VETERAN.—The term ‘‘eligible (1) in the item relating to section 1720, by community service organizations; and veteran’’ means the following: striking ‘‘; adult day health care’’; and (B) services provided through facilities and (A) Any veteran eligible to receive hospital (2) by striking the items relating to sec- personnel of the Department. care and medical services under section (2) The consideration provided by the Sec- tions 1720B, 1720C, 1720D, and 1720E and in- 1710(a)(1) of title 38, United States Code. retary for services provided by entities under serting the following: (B) Any veteran (other than a veteran de- cooperative arrangements under paragraph scribed in subparagraph (A)) if the veteran is ‘‘1720B. Noninstitutional alternatives to (1)(A) shall be limited to the provision by the enrolled in the system of annual patient en- nursing home care. Secretary of appropriate in-kind services to rollment under section 1705 of title 38, ‘‘1720C. Counseling and treatment for sexual such entities. trauma. (f) PROVISION OF SERVICES BY NON-DEPART- United States Code. ‘‘1720D. Nasopharyngeal radium irradia- MENT ENTITIES.—(1) Under one of the pilot (2) LONG-TERM CARE NEEDS.—The term tion.’’. programs under this section, the Secretary ‘‘long-term care needs’’ means the need by (d) ADDITIONAL CONFORMING AMENDMENT.— shall provide long-term care services to eli- an individual for any of the following serv- Section 101(g)(2) of the Veterans Health Pro- gible veterans through arrangements with ices: grams Extension Act of 1994 (Public Law 103– appropriate non-Department entities under (A) Hospital care. 452; 108 Stat. 4785; 38 U.S.C. 1720D note) is which arrangements the Secretary acts sole- (B) Medical services. amended by striking ‘‘section 1720D’’ both ly as the case manager for the provision of (C) Nursing home care. places it appears and inserting ‘‘section such services. (D) Case management and other social 1720C’’. (2) Payment for services provided to vet- services. SEC. 102. PILOT PROGRAMS RELATING TO LONG- erans under the pilot programs under this (E) Home and community based services. TERM CARE OF VETERANS. subsection shall be made by the Department SEC. 103. PILOT PROGRAM RELATING TO AS- (a) IN GENERAL.—The Secretary of Vet- to the extent that payment for such services SISTED LIVING SERVICES. erans Affairs shall carry out three pilot pro- is not otherwise provided by another govern- (a) IN GENERAL.—The Secretary of Vet- grams for the purpose of determining the ment or non-government entity. erans Affairs shall carry out a pilot program feasibility and practicability of a variety of (g) DATA COLLECTION.—As part of the pilot for the purpose of determining the feasibility methods of meeting the long-term care needs programs under this section, the Secretary and practicability of providing assisted liv- of eligible veterans. The pilot programs shall shall collect data regarding— ing services to eligible veterans. The pilot be carried out in accordance with the provi- (1) the cost-effectiveness of such programs program shall be carried out in accordance sions of this section. and of other activities of the Department for with this section.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10648 CONGRESSIONAL RECORD — SENATE September 8, 1999

(b) LOCATION.—The pilot program under (A) maximizes flexibility in the provision to implement the plan for all property deter- this section shall be carried out at a des- of such care, activities, supervision, and as- mined to present an opportunity for such ignated health care region of the Depart- sistance; lease. ment of Veterans Affairs selected by the Sec- (B) maximizes the autonomy, privacy, and (f) AUTHORITY FOR ENHANCED-USE LEASE OF retary for purposes of this section. independence of an individual; and PROPERTY UNDER BUSINESS PLAN.—(1) The (c) SCOPE OF SERVICES.—(1) Subject to (C) encourages family and community in- Secretary may enter into an enhanced-use paragraph (2), the Secretary shall provide as- volvement with the individual. lease of any property identified as presenting sisted living services under the pilot pro- Subtitle B—Management of Medical Facilities an opportunity for such lease under the anal- gram to eligible veterans. ysis under subsection (e) if such lease is con- and Property (2) Assisted living services may not be pro- sistent with the business plan under para- vided under the pilot program to a veteran SEC. 111. ENHANCED-USE LEASE AUTHORITY. graph (4) of that subsection. eligible for care under section 1710(a)(3) of (a) MAXIMUM TERM OF LEASES.—Section (2) The provisions of subchapter V of chap- title 38, United States Code, unless such vet- 8162(b)(2) is amended by striking ‘‘may not ter 81 of title 38, United States Code, shall eran agrees to pay the United States an exceed—’’ and all that follows through the apply with respect to any lease under para- amount equal to the amount determined in end and inserting ‘‘may not exceed 55 graph (1). accordance with the provisions of section years.’’. SEC. 112. DESIGNATION OF HOSPITAL BED RE- 1710(f) of such title. (b) AVAILABILITY OF FUNDS FOR CERTAIN PLACEMENT BUILDING AT DEPART- (3) Assisted living services may also be pro- ACTIVITIES RELATING TO LEASES.—Section MENT OF VETERANS AFFAIRS MED- vided under the pilot program to the spouse 8162(b)(4) is amended— ICAL CENTER IN RENO, NEVADA, of an eligible veteran if— (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; AFTER JACK STREETER. (A) such services are provided coinciden- (2) in subparagraph (A), as so designated— The hospital bed replacement building tally with the provision of identical services (A) in the first sentence, by striking under construction at the Ioannis A. to the veteran under the pilot program; and ‘‘only’’; and Lougaris Department of Veterans Affairs (B) such spouse agrees to pay the United (B) by striking the second sentence; and Medical Center in Reno, Nevada, is hereby States an amount equal to the cost, as deter- (3) by adding at the end the following new designated as the ‘‘Jack Streeter Building’’. mined by the Secretary, of the provision of subparagraph: Any reference to that building in any law, such services. ‘‘(B) Any payment by the Secretary in con- regulation, map, document, record, or other (d) REPORTS.—(1) The Secretary shall an- tribution to capital activities on property paper of the United States shall be consid- nually submit to Committees on Veterans’ that has been leased under this subchapter ered to be a reference to the Jack Streeter Affairs of the Senate and the House of Rep- may be made from amounts appropriated to Building. resentatives a report on the pilot program the Department for construction, minor Subtitle C—Homeless Veterans under this section. The report shall include a projects.’’. SEC. 121. EXTENSION OF PROGRAM OF HOUSING detailed description of the activities under (c) EXTENSION OF AUTHORITY.—Section 8169 ASSISTANCE FOR HOMELESS VET- the pilot program during the one-year period is amended by striking ‘‘December 31, 2001’’ ERANS. ending on the date of the report and such and inserting ‘‘December 31, 2011’’. Section 3735(c) is amended by striking ‘‘De- other matters as the Secretary considers ap- (d) TRAINING AND OUTREACH REGARDING AU- cember 31, 1999’’ and inserting ‘‘December 31, propriate. THORITY.—The Secretary of Veterans Affairs 2001’’. (2)(A) In addition to the reports required shall take appropriate actions to provide SEC. 122. HOMELESS VETERANS COMPREHEN- by paragraph (1), not later than 90 days be- training and outreach to personnel at De- SIVE SERVICE PROGRAMS. fore concluding the pilot program under this partment of Veterans Affairs medical cen- (a) PURPOSES OF GRANTS.—Paragraph (1) of section, the Secretary shall submit to the section 3(a) of the Homeless Veterans Com- committees referred to in that paragraph a ters regarding the enhanced-use lease au- thority under subchapter V of chapter 81 of prehensive Service Programs Act of 1992 (38 final report on the pilot program. U.S.C. 7721 note) is amended by inserting ‘‘, (B) The report on the pilot program under title 38, United States Code. The training and expanding existing programs for fur- this paragraph shall include the following: and outreach shall address methods of ap- nishing,’’ after ‘‘new programs to furnish’’. (i) An assessment of the feasibility and proaching potential lessees in the medical or (b) EXTENSION OF AUTHORITY TO MAKE practicability of providing assisted living commercial sectors regarding the possibility of entering into leases under that authority GRANTS.—Paragraph (2) of that section is services for veterans and their spouses. amended by striking ‘‘September 30, 1999’’ (ii) A financial assessment of the pilot pro- and other appropriate matters. (e) INDEPENDENT ANALYSIS OF OPPORTUNI- and inserting ‘‘September 30, 2001’’. gram, including a management analysis, (c) AUTHORIZATION OF APPROPRIATIONS.— cost-benefit analysis, Department cash-flow TIES FOR USE OF AUTHORITY.—(1) The Sec- retary shall take appropriate actions to se- Section 12 of that Act (38 U.S.C. 7721 note) is analysis, and strategic outlook assessment. amended in the first sentence by inserting (iii) Recommendations, if any, regarding cure from an appropriate entity independent of the Department of Veterans Affairs an ‘‘and $50,000,000 for each of fiscal years 2000 an extension of the pilot program, including and 2001’’ after ‘‘for fiscal years 1993 through recommendations regarding the desirability analysis of opportunities for the use of the enhanced-use lease authority under sub- 1997’’. of authorizing or requiring the Secretary to SEC. 123. AUTHORIZATIONS OF APPROPRIATIONS seek reimbursement for the costs of the Sec- chapter V of chapter 81 of title 38, United States Code. FOR HOMELESS VETERANS’ RE- retary in providing assisted living services in INTEGRATION PROJECTS. order to reduce demand for higher-cost nurs- (2) The analysis under paragraph (1) shall Section 738(e)(1) of the Stewart B. McKin- ing home care under the pilot program. include— ney Homeless Assistance Act (42 U.S.C. (iv) Any other information or rec- (A) a survey of the facilities of the Depart- 11448(e)(1) is amended by adding at the end ommendations that the Secretary considers ment for purposes of identifying Department the following: appropriate regarding the pilot program. property that presents an opportunity for ‘‘(H) $10,000,000 for fiscal year 2000. (e) DURATION.—(1) The Secretary shall lease under the enhanced-use lease author- ‘‘(I) $10,000,000 for fiscal year 2001.’’. ity; commence carrying out the pilot program re- SEC. 124. REPORT ON IMPLEMENTATION OF GEN- quired by this section not later than 90 days (B) an assessment of the feasibility of en- ERAL ACCOUNTING OFFICE REC- after the date of the enactment of this Act. tering into enhanced-use leases under that OMMENDATIONS REGARDING PER- (2) The authority of the Secretary to pro- authority in the case of any property identi- FORMANCE MEASURES. vide services under the pilot program shall fied under subparagraph (A) as presenting an (a) REPORT.—Not later than three months cease on the date that is three years after opportunity for such lease; and after the date of the enactment of this Act, the date of the commencement of the pilot (C) an assessment of the resources required the Secretary of Veterans Affairs shall sub- program under paragraph (1). at the Department facilities concerned, and mit to the Committees on Veterans’ Affairs (f) DEFINITIONS.—In this section: at the Department Central Office, in order to of the Senate and the House of Representa- (1) ELIGIBLE VETERAN.—The term ‘‘eligible facilitate the entering into of enhanced-used tives a report containing a detailed plan for veteran’’ means the following: leases in the case of property so identified. the evaluation by the Department of Vet- (A) Any veteran eligible to receive hospital (3) If as a result of the survey under para- erans Affairs of the effectiveness of programs care and medical services under section graph (2)(A) the entity determines that a to assist homeless veterans. 1710(a)(1) of title 38, United States Code. particular Department property presents no (b) OUTCOME MEASURES.—The plan shall in- (B) Any veteran (other than a veteran de- opportunities for lease under the enhanced- clude outcome measures which determine scribed in subparagraph (A)) if the veteran is use lease authority, the analysis shall in- whether veterans are housed and employed enrolled in the system of annual patient en- clude the entity’s explanation of that deter- within six months after housing and employ- rollment under section 1705 of title 38, mination. ment are secured for veterans under such United States Code. (4) If as a result of the survey the entity programs. (2) ASSISTED LIVING SERVICES.—The term determines that certain Department prop- Subtitle D—Other Health Care Provisions ‘‘assisted living services’’ means services erty presents an opportunity for lease under SEC. 131. EMERGENCY HEALTH CARE IN NON-DE- which provide personal care, activities, the enhanced-use lease authority, the anal- PARTMENT OF VETERANS AFFAIRS health-related care, supervision, and other ysis shall include a single integrated busi- FACILITIES FOR ENROLLED VET- assistance on a 24-hour basis within a resi- ness plan, developed by the entity, that ad- ERANS. dential or similar setting which— dresses the strategy and resources necessary (a) DEFINITIONS.—Section 1701 is amended—

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10649 (1) in paragraph (6)— ‘‘(B) the provision of services in response (3) by striking ‘‘each region’’ and inserting (A) by striking ‘‘and’’ at the end of sub- to the specific needs of veterans with Post ‘‘each facility’’; paragraph (A); Traumatic Stress Disorder and related dis- (4) by striking ‘‘such region’’ both places it (B) by striking the period at the end of orders, including short-term or long-term appears and inserting ‘‘such facility’’; and subparagraph (B) and inserting ‘‘; and’’; and care services that combine residential treat- (5) by striking paragraph (2). (C) by inserting after subparagraph (B) the ment of Post Traumatic Stress Disorder; SEC. 135. EXTENSION OF CERTAIN PERSIAN GULF following new subparagraph: ‘‘(C) the provision of Post Traumatic WAR AUTHORITIES. ‘‘(C) emergency care, or reimbursement for Stress Disorder or dedicated case manage- (a) THREE-YEAR EXTENSION OF NEWSLETTER such care, as described in sections 1703(a)(3) ment services on an outpatient basis; and ON MEDICAL CARE.—Section 105(b)(2) of the and 1728(a)(2)(E) of this title.’’; and ‘‘(D) the enhancement of staffing of exist- Persian Gulf War Veterans’ Benefits Act (2) by adding at the end the following new ing programs relating to Post Traumatic (title I of Public Law 103–446; 108 Stat. 4659; paragraph: Stress Disorder which have exceeded the pro- 38 U.S.C. 1117 note) is amended by striking ‘‘(10) The term ‘emergency medical condi- jected workloads for such programs. ‘‘December 31, 1999’’ and inserting ‘‘Decem- tion’ means a medical condition manifesting ‘‘(2) Programs relating to substance use ber 31, 2002’’. itself by acute symptoms of sufficient sever- disorders, including programs for— (b) THREE-YEAR EXTENSION OF PROGRAM ity (including severe pain) such that a pru- ‘‘(A) the establishment and operation of FOR EVALUATION OF HEALTH OF SPOUSES AND dent layperson, who possesses an average additional Department-based or community- CHILDREN.—Section 107(b) of Persian Gulf knowledge of health and medicine, could rea- based residential treatment facilities; War Veterans’ Benefits Act (title I of Public sonably expect the absence of immediate ‘‘(B) the expansion of the provision of Law 103–446; 38 U.S.C. 1117 note) is amended medical attention to result in— opioid treatment services, including the es- by striking ‘‘December 31, 1999’’ and insert- ‘‘(A) placing the health of the individual tablishment and operation of additional pro- ing ‘‘December 31, 2002’’. (or, with respect to a pregnant woman, the grams for the provision of opioid treatment SEC. 136. REPORT ON COORDINATION OF PRO- health of the woman or her unborn child) in services; and CUREMENT OF PHARMACEUTICALS serious jeopardy; ‘‘(C) the reestablishment or enhancement AND MEDICAL SUPPLIES BY THE DE- ‘‘(B) serious impairment to bodily func- of substance use disorder services at facili- PARTMENT OF VETERANS AFFAIRS AND THE DEPARTMENT OF DE- tions; or ties at which such services have been elimi- FENSE. ‘‘(C) serious dysfunction of any bodily nated or curtailed, with an emphasis on the (a) REQUIREMENT.—Not later than March organ or part.’’. reestablishment or enhancement of services 31, 2000, the Secretary of Veterans Affairs (b) CONTRACT CARE.—Section 1703(a)(3) is at facilities where demand for such services and the Secretary of Defense shall jointly amended by striking ‘‘medical emergencies’’ is high or which serve large geographic submit to the Committees on Veterans’ Af- and all that follows through ‘‘health of a vet- areas. fairs and Armed Services of the Senate and eran’’ and inserting ‘‘an emergency medical ‘‘(c)(1) The Secretary shall provide for the the Committees on Veterans’ Affairs and condition of a veteran who is enrolled under allocation of funds for the programs carried Armed Services of the House of Representa- section 1705 of this title or who is’’. out under this section in a centralized man- tives a report on the cooperation between (c) REIMBURSEMENT OF EXPENSES FOR ner. the Department of Veterans Affairs and the EMERGENCY CARE.—Section 1728(a)(2) is ‘‘(2) The allocation of funds for such pro- Department of Defense in the procurement of amended— grams shall— pharmaceuticals and medical supplies. (1) by striking ‘‘or’’ before ‘‘(D)’’; and ‘‘(A) be based upon an assessment of the (b) REPORT ELEMENTS.—The report under (2) by inserting before the semicolon at the need for funds conducted by qualified mental subsection (a) shall include the following: end the following: ‘‘, or (E) for any emer- health personnel of the Department who (1) A description of the current cooperation gency medical condition of a veteran en- oversee such programs; and between the Department of Veterans Affairs rolled under section 1705 of this title’’. ‘‘(B) emphasize, to the maximum extent and the Department of Defense in the pro- (d) PAYMENT PRIORITY.—Section 1705 is practicable, the availability of funds for the curement of pharmaceuticals and medical amended by adding at the end the following programs described in paragraphs (1) and (2) supplies. new subsection: of subsection (b).’’. (2) An assessment of the means by which ‘‘(d) The Secretary shall require in a con- (2) The table of sections at the beginning of cooperation between the departments in tract under section 1703(a)(3) of this title, chapter 17 is amended by inserting after the such procurement could be enhanced or im- and as a condition of payment under section item relating to section 1712B the following proved. 1728(a)(2) of this title, that payment by the new item: (3) A description of any existing memo- Secretary for treatment under such con- ‘‘1712C. Specialized mental health services.’’. randa of agreement between the Department tract, or under such section, of a veteran en- (b) REPORT.—(1) Not later than March 1 of of Veterans Affairs and the Department of rolled under this section shall be made only each of 2000, 2001, and 2002, the Secretary of Defense that provide for the cooperation re- after any payment that may be made with Veterans Affairs shall submit to Congress a ferred to in subsection (a). respect to such treatment under part A or report on the programs carried out by the (4) A description of the effects, if any, such part B of the Medicare program and after Secretary under section 1712C of title 38, agreements will have on current staffing lev- any payment that may be made with respect United States Code (as added by subsection els at the Defense Supply Center in Philadel- to such treatment by a third-party insurance (a)). phia, Pennsylvania, and the Department of provider.’’. (2) The report shall, for the period begin- Veterans Affairs National Acquisition Center (e) EFFECTIVE DATE.—The amendments ning on the date of the enactment of this Act in Hines, Illinois. made by this section shall apply with respect and ending on the date of the report— (5) A description of the effects, if any, of to care or services provided on or after the (A) describe the programs carried out such cooperation on military readiness. date of the enactment of this Act. under such section 1712C; (6) A comprehensive assessment of cost SEC. 132. IMPROVEMENT OF SPECIALIZED MEN- (B) set forth the number of veterans pro- savings realized and projected over the five TAL HEALTH SERVICES FOR VET- vided services under such programs; and fiscal year period beginning in fiscal year ERANS. (C) set forth the amounts expended for pur- 1999 for the Department of Veterans Affairs (a) IN GENERAL.—(1) Subchapter II of chap- poses of carrying out such programs. and the Department of Defense as a result of ter 17 is amended by inserting after section such cooperation, and the overall savings to 1712B the following new section: SEC. 133. TREATMENT AND SERVICES FOR DRUG OR ALCOHOL DEPENDENCY. the Treasury of the United States as a result ‘‘§ 1712C. Specialized mental health services Section 1720A(c) is amended— of such cooperation. ‘‘(a) The Secretary shall carry out pro- (1) in the first sentence of paragraph (1)— (7) A list of the types of medical supplies grams for purposes of enhancing the provi- (A) by striking ‘‘may not be transferred’’ and pharmaceuticals for which cooperative sion of specialized mental health services to and inserting ‘‘may be transferred’’; and agreements would not be appropriate and the veterans. (B) by striking ‘‘unless such transfer is reason or reasons therefor. ‘‘(b) The programs carried out by the Sec- during the last thirty days of such member’s (8) An assessment of the extent to which retary under subsection (a) shall include the enlistment or tour of duty’’; and cooperative agreements could be expanded to following: (2) in the first sentence of paragraph (2), by include medical equipment, major systems, ‘‘(1) Programs relating to the treatment of striking ‘‘during the last thirty days of such and durable goods used in the delivery of Post Traumatic Stress Disorder (PTSD), in- person’s enlistment period or tour of duty’’. health care by the Department of Veterans cluding programs for— SEC. 134. ALLOCATION TO DEPARTMENT OF VET- Affairs and the Department of Defense. ‘‘(A) the establishment and operation of ERANS AFFAIRS HEALTH CARE FA- (9) A description of the effects such agree- additional outpatient and residential treat- CILITIES OF AMOUNTS IN MEDICAL ments might have on distribution of items ment facilities for Post Traumatic Stress CARE COLLECTIONS FUND. purchased cooperatively by the Department Disorder in areas that are underserved by ex- Section 1729A(d) is amended— of Veterans Affairs and the Department of isting programs relating to Post Traumatic (1) by striking ‘‘(1)’’; Defense, particularly outside the continental Stress Disorder, as determined by qualified (2) by striking ‘‘each designated health United States. mental health personnel of the Department care region’’ and inserting ‘‘each Depart- (10) An assessment of the potential to es- who oversee such programs; ment health care facility’’; tablish common pharmaceutical formularies

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10650 CONGRESSIONAL RECORD — SENATE September 8, 1999 between the Department of Veterans Affairs Affairs Medical Center, Fargo, North Da- SEC. 203. EXTENSION OF ADVISORY COMMITTEE and the Department of Defense. kota, in an amount not to exceed $12,000,000. ON MINORITY VETERANS. (11) An explanation of the current Uniform (3) Construction of a surgical suite and Section 544(e) is amended by striking ‘‘De- Product Number (UPN) requirements of each post-anesthesia care unit at the Department cember 31, 1999’’ and inserting ‘‘December 31, Department and of any planned standardiza- of Veterans Affairs Medical Center, Kansas 2004’’. tion of such requirements between the De- City, Missouri, in an amount not to exceed SEC. 204. DEPENDENCY AND INDEMNITY COM- partments for medical equipment and dura- $13,000,000. PENSATION FOR SURVIVING ble goods manufacturers. (4) Renovations and environmental im- SPOUSES OF FORMER PRISONERS OF WAR. SEC. 137. REIMBURSEMENT OF MEDICAL EX- provements at the Department of Veterans PENSES OF VETERANS LOCATED IN Affairs Medical Center, Atlanta, Georgia, in (a) ELIGIBILITY.—Section 1318(b) is amend- ALASKA. an amount not to exceed $12,400,000. ed— (a) PRESERVATION OF CURRENT REIMBURSE- (b) AUTHORIZATION OF APPROPRIATIONS.— (1) by striking ‘‘that either—’’ in the mat- MENT RATES.—Notwithstanding any other (1) IN GENERAL.—There is authorized to be ter preceding paragraph (1) and inserting provision of law, the Secretary of Veterans appropriated to the Secretary of Veterans ‘‘rated totally disabling if—’’; and Affairs shall, for purposes of reimbursing Affairs for fiscal year 2000 for the Construc- (2) by adding at the end the following new veterans in Alaska for medical expenses tion, Major Projects, Account $225,500,000 for paragraph: under section 1728 of title 38, United States the projects authorized in subsection (a) and ‘‘(3) the veteran was a former prisoner of Code, during the one-year period beginning for the continuation of projects authorized war who died after September 30, 1999, and on the date of the enactment of this Act, use in section 701(a) of the Veterans Programs whose disability was continuously rated to- the fee-for-service payment schedule in ef- Enhancement Act of 1998 (Public Law 105– tally disabling for a period of one year im- fect for such purposes on July 31, 1999, rather 368; 112 Stat. 3348). mediately preceding death.’’. than the Participating Physician Fee Sched- (2) LIMITATION ON FISCAL YEAR 2000 (b) CONFORMING AMENDMENTS.—Such sec- ule under the Medicare program. PROJECTS.—The projects authorized in sub- tion is further amended— (b) REPORT.—(1) Not later than 180 days section (a) may only be carried out using— (1) in paragraph (1)— after the date of the enactment of this Act, (A) funds appropriated for fiscal year 2000 (A) by inserting ‘‘the disability’’ after the Secretary of Veterans Affairs and the pursuant to the authorizations of appropria- ‘‘(1)’’; and Secretary of Health and Human Services tions in subsection (a); (B) by striking ‘‘or’’ after ‘‘death;’’; and shall jointly submit to the Committees on (B) funds appropriated for Construction, (2) in paragraph (2)— Veterans’ Affairs of the Senate and the Major Projects, for a fiscal year before fiscal (A) by striking ‘‘if so rated for a lesser pe- House of Representatives a report and rec- year 2000 that remain available for obliga- riod, was so rated continuously’’ and insert- ommendation on the use of the Participating tion; and ing ‘‘the disability was continuously rated Physician Fee Schedule under the Medicare (C) funds appropriated for Construction, totally disabling’’; and program as a means of calculating reim- Major Projects, for fiscal year 2000 for a cat- (B) by striking the period at the end and bursement rates for medical expenses of vet- egory of activity not specific to a project. inserting ‘‘; or’’. erans located in Alaska under section 1728 of (c) AVAILABILITY OF FUNDS FOR FISCAL SEC. 205. REPEAL OF LIMITATION ON PAYMENTS title 38, United States Code. YEAR 1999 PROJECTS.—Section 703(b)(1) of the OF BENEFITS TO INCOMPETENT IN- (2) The report shall— Veterans Programs Enhancement Act of 1998 STITUTIONALIZED VETERANS. (A) assess the differences between health (112 Stat. 3349) is amended— Section 5503 is amended— care costs in Alaska and health care costs in (1) by redesignating subparagraphs (B) and (1) by striking subsections (b) and (c); and the continental United States; (C) as subparagraphs (C) and (D), respec- (2) by redesignating subsections (d), (e), (B) describe any differences between the tively; and and (f) as subsections (b), (c), and (d), respec- costs of providing health care in Alaska and (2) by inserting after subparagraph (A) the tively. the reimbursement rates for the provision of following new subparagraph (B): SEC. 206. CLARIFICATION OF VETERANS EMPLOY- health care under the Participating Physi- ‘‘(B) funds appropriated for fiscal year 2000 MENT OPPORTUNITIES. cian Fee Schedule; and pursuant to the authorization of appropria- (a) CLARIFICATION.—Section 3304(f) of title (C) assess the effects on health care for tions in section 341(b)(1) of the Veterans Ben- 5, United States Code, is amended— veterans in Alaska of implementing the Par- efits Act of 1999;’’. (1) by striking paragraph (4); ticipating Physician Fee Schedule as a (2) by redesignating paragraphs (2) and (3) TITLE II—BENEFITS MATTERS means of calculating reimbursement rates as paragraphs (3) and (4), respectively; and for medical expenses of veterans located in SEC. 201. PAYMENT RATE OF CERTAIN BURIAL (3) by inserting after paragraph (1) the fol- Alaska under section 1728 of title 38, United BENEFITS FOR CERTAIN FILIPINO lowing new paragraph (2): VETERANS. States Code. ‘‘(2) If selected, a preference eligible or vet- (a) PAYMENT RATE.—Section 107 is amend- SEC. 138. REPEAL OF FOUR-YEAR LIMITATION ON eran described in paragraph (1) shall acquire ed— TERMS OF UNDER SECRETARY FOR competitive status and shall receive a career (1) in subsection (a), by striking ‘‘Pay- HEALTH AND UNDER SECRETARY or career-conditional appointment, as appro- FOR BENEFITS. ments’’ and inserting ‘‘Subject to subsection priate.’’. (a) UNDER SECRETARY FOR HEALTH.—Sec- (c), payments’’; and (b) EFFECTIVE DATE.—The amendments tion 305 is amended— (2) by adding at the end the following: made by subsection (a) shall take effect as if (1) by striking subsection (c); and ‘‘(c)(1) In the case of an individual de- included in the amendment made to section (2) by redesignating subsection (d) as sub- scribed in paragraph (2), payments under sec- 3304 of title 5, United States Code, by section section (c). tion 2302 or 2303 of this title by reason of sub- 2 of the Veterans Employment Opportunities (b) UNDER SECRETARY FOR BENEFITS.—Sec- section (a)(3) shall be made at the rate of $1 Act of 1998 (Public Law 105–339; 112 Stat. tion 306 is amended— for each dollar authorized. 3182), to which such amendments relate. (1) by striking subsection (c); and ‘‘(2) Paragraph (1) applies to any individual (2) by redesignating subsection (d) as sub- whose service is described in subsection (a) TITLE III—MEMORIAL AFFAIRS section (c). and who dies after the date of the enactment Subtitle A—Arlington National Cemetery (c) APPLICABILITY.—The amendments made of the Veterans Benefits Act of 1999 if the in- SEC. 301. SHORT TITLE. by subsections (a) and (b) shall take effect on dividual, on the individual’s date of death— This subtitle may be cited as the ‘‘Arling- the date of the enactment of this Act and ‘‘(A) is a citizen of the United States; shall apply with respect to individuals ap- ton National Cemetery Burial and ‘‘(B) is residing in the United States; and Inurnment Eligibility Act of 1999’’. pointed as Under Secretary for Health and ‘‘(C) either— Under Secretary for Benefits, respectively, SEC. 302. PERSONS ELIGIBLE FOR BURIAL IN AR- ‘‘(i) is receiving compensation under chap- LINGTON NATIONAL CEMETERY. on or after that date. ter 11 of this title; or (a) IN GENERAL.—(1) Chapter 24 is amended Subtitle E—Major Medical Facility Projects ‘‘(ii) if such service had been deemed to be by adding at the end the following new sec- Construction Authorization active military, naval, or air service, would tion: SEC. 141. AUTHORIZATION OF MAJOR MEDICAL have been paid pension under section 1521 of FACILITY PROJECTS. this title without denial or discontinuance ‘‘§ 2412. Arlington National Cemetery: persons (a) IN GENERAL.—The Secretary of Vet- by reason of section 1522 of this title.’’. eligible for burial erans Affairs may carry out the following (b) APPLICABILITY.—No benefits shall ac- ‘‘(a) PRIMARY ELIGIBILITY.—The remains of major medical facility projects, with each crue to any person for any period before the the following individuals may be buried in project to be carried out in the amount spec- date of the enactment of this Act by reason Arlington National Cemetery: ified for that project: of the amendments made by subsection (a). ‘‘(1) Any member of the Armed Forces who (1) Construction of a long term care facil- SEC. 202. EXTENSION OF AUTHORITY TO MAIN- dies while on active duty. ity at the Department of Veterans Affairs TAIN A REGIONAL OFFICE IN THE ‘‘(2) Any retired member of the Armed Medical Center, Lebanon, Pennsylvania, in REPUBLIC OF THE PHILIPPINES. Forces and any person who served on active an amount not to exceed $14,500,000. Section 315(b) is amended by striking ‘‘De- duty and at the time of death was entitled (2) Renovations and environmental im- cember 31, 1999’’ and inserting ‘‘December 31, (or but for age would have been entitled) to provements at the Department of Veterans 2004’’. retired pay under chapter 1223 of title 10.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10651 ‘‘(3) Any former member of the Armed ‘‘(B) Each notice under subparagraph (A) of the member may not be buried in the Forces separated for physical disability be- shall— group gravesite. fore October 1, 1949, who— ‘‘(i) identify the individual authorized for ‘‘(g) EXCLUSIVE AUTHORITY FOR BURIAL IN ‘‘(A) served on active duty; and burial; and ARLINGTON NATIONAL CEMETERY.—Eligibility ‘‘(B) would have been eligible for retire- ‘‘(ii) provide a justification for the author- for burial of remains in Arlington National ment under the provisions of section 1201 of ization for burial. Cemetery prescribed under this section is the title 10 (relating to retirement for disability) ‘‘(c) ELIGIBILITY OF FAMILY MEMBERS.—The exclusive eligibility for such burial. had that section been in effect on the date of remains of the following individuals may be ‘‘(h) APPLICATION FOR BURIAL.—A request separation of the member. buried in Arlington National Cemetery: for burial of remains of an individual in Ar- ‘‘(4) Any former member of the Armed ‘‘(1)(A) Except as provided in subparagraph lington National Cemetery made before the Forces whose last active duty military serv- (B), the spouse, surviving spouse, minor death of the individual may not be consid- ice terminated honorably and who has been child, and, at the discretion of the Super- ered by the Secretary of the Army, the Sec- awarded one of the following decorations: intendent, unmarried adult child of a person retary of Defense, or any other responsible ‘‘(A) Medal of Honor. listed in subsection (a), but only if buried in official. ‘‘(B) Distinguished Service Cross, Air the same gravesite as that person. ‘‘(i) REGISTER OF BURIED INDIVIDUALS.—(1) Force Cross, or Navy Cross. ‘‘(B) In a case under subparagraph (A) in The Secretary of the Army shall maintain a register of each individual buried in Arling- ‘‘(C) Distinguished Service Medal. which the same gravesite may not be used ton National Cemetery and shall make such ‘‘(D) Silver Star. due to insufficient space, a person otherwise register available to the public. ‘‘(E) Purple Heart. eligible under that subparagraph may be in- ‘‘(2) With respect to each such individual ‘‘(5) Any former prisoner of war who dies terred in a gravesite adjoining the gravesite buried on or after January 1, 1998, the reg- on or after November 30, 1993. of the person listed in subsection (a) if space ister shall include a brief description of the ‘‘(6) The President or any former Presi- in such adjoining gravesite had been reserved basis of eligibility of the individual for bur- dent. for the burial of such person otherwise eligi- ial in Arlington National Cemetery. ‘‘(7) Any former member of the Armed ble under that subparagraph before January ‘‘(j) DEFINITIONS.—For purposes of this sec- Forces whose last discharge or separation 1962. tion: from active duty was under honorable condi- ‘‘(2)(A) The spouse, minor child, and, at the ‘‘(1) The term ‘retired member of the tions and who is or was one of the following: discretion of the Superintendent, unmarried Armed Forces’ means— ‘‘(A) Vice President. adult child of a member of the Armed Forces ‘‘(A) any member of the Armed Forces on ‘‘(B) Member of Congress. on active duty if such spouse, minor child, or a retired list who served on active duty and ‘‘(C) Chief Justice or Associate Justice of unmarried adult child dies while such mem- who is entitled to retired pay; the Supreme Court. ber is on active duty. ‘‘(B) any member of the Fleet Reserve or ‘‘(D) The head of an Executive department ‘‘(B) The individual whose spouse, minor Fleet Marine Corps Reserve who served on (as such departments are listed in section 101 child, and unmarried adult child is eligible active duty and who is entitled to retainer of title 5). under subparagraph (A), but only if buried in pay; and ‘‘(E) An individual who served in the for- the same gravesite as the spouse, minor ‘‘(C) any member of a reserve component of eign or national security services, if such in- child, or unmarried adult child. the Armed Forces who has served on active dividual died as a result of a hostile action ‘‘(3) The parents of a minor child or unmar- duty and who has received notice from the outside the United States in the course of ried adult child whose remains, based on the Secretary concerned under section 12731(d) of such service. eligibility of a parent, are already buried in title 10 of eligibility for retired pay under ‘‘(8) Any individual whose eligibility is au- Arlington National Cemetery, but only if chapter 1223 of title 10. thorized in accordance with subsection (b). buried in the same gravesite as that minor ‘‘(2) The term ‘former member of the ‘‘(b) ADDITIONAL AUTHORIZATIONS OF BUR- child or unmarried adult child. Armed Forces’ includes a person whose serv- IAL.—(1) In the case of a former member of ‘‘(4)(A) Subject to subparagraph (B), the ice is considered active duty service pursu- the Armed Forces not otherwise covered by surviving spouse, minor child, and, at the ant to a determination of the Secretary of subsection (a) whose last discharge or sepa- discretion of the Superintendent, unmarried Defense under section 401 of Public Law 95– ration from active duty was under honorable adult child of a member of the Armed Forces 202 (38 U.S.C. 106 note). conditions, if the Secretary of Defense who was lost, buried at sea, or officially de- ‘‘(3) The term ‘Superintendent’ means the makes a determination referred to in para- termined to be permanently absent in a sta- Superintendent of Arlington National Ceme- graph (3) with respect to such member, the tus of missing or missing in action. tery.’’. Secretary of Defense may authorize the bur- ‘‘(B) A person is not eligible under subpara- (2) The table of sections at the beginning of ial of the remains of such former member in graph (A) if a memorial to honor the mem- chapter 24 is amended by adding at the end Arlington National Cemetery under sub- ory of the member is placed in a cemetery in the following new item: section (a)(8). the national cemetery system, unless the ‘‘2412. Arlington National Cemetery: persons ‘‘(2) In the case of any individual not oth- memorial is removed. A memorial removed erwise covered by subsection (a) or para- eligible for burial.’’. under this subparagraph may be placed, at (b) PUBLICATION OF UPDATED PAMPHLET.— graph (1), if the President makes a deter- Not later than 180 days after the date of en- mination referred to in paragraph (3) with the discretion of the Superintendent, in Ar- actment of this Act, the Secretary of the respect to such individual, the President lington National Cemetery. Army shall publish an updated pamphlet de- may authorize the burial of the remains of ‘‘(5) The surviving spouse, minor child, scribing eligibility for burial in Arlington such individual in Arlington National Ceme- and, at the discretion of the Superintendent, National Cemetery. The pamphlet shall re- tery under subsection (a)(8). unmarried adult child of a member of the ‘‘(3) A determination referred to in para- Armed Forces buried in a cemetery under flect the provisions of section 2412 of title 38, graph (1) or (2) is a determination that the the jurisdiction of the American Battle United States Code, as added by subsection acts, service, or other contributions to the Monuments Commission. (a). (c) TECHNICAL AMENDMENTS.—Section Nation of the former member or individual ‘‘(d) SPOUSES.—For purposes of subsection 2402(7) is amended— concerned are of equal or similar merit to (c)(1), a surviving spouse of a person whose (1) by inserting ‘‘(or but for age would have the acts, service, or other contributions to remains are buried in Arlington National been entitled)’’ after ‘‘was entitled’’; the Nation of any of the persons listed in Cemetery by reason of eligibility under sub- subsection (a). section (a) who has remarried is eligible for (2) by striking ‘‘chapter 67’’ and inserting ‘‘(4)(A) In the case of an authorization for burial in the same gravesite of that person. ‘‘chapter 1223’’; and burial under this subsection, the President The spouse of the surviving spouse is not eli- (3) by striking ‘‘or would have been enti- or the Secretary of Defense, as the case may gible for burial in such gravesite. tled to’’ and all that follows and inserting a be, shall submit to the Committees on Vet- ‘‘(e) DISABLED ADULT UNMARRIED CHIL- period. erans’ Affairs of the Senate and the House of DREN.—In the case of an unmarried adult (d) EFFECTIVE DATE.—Section 2412 of title Representatives a report on the authoriza- child who is incapable of self-support up to 38, United States Code, as added by sub- tion not later than 72 hours after the author- the time of death because of a physical or section (a), shall apply with respect to indi- ization. mental condition, the child may be buried viduals dying on or after the date of the en- ‘‘(B) Each report under subparagraph (A) under subsection (c) without requirement for actment of this Act. shall— approval by the Superintendent under that SEC. 303. PERSONS ELIGIBLE FOR PLACEMENT IN ‘‘(i) identify the individual authorized for subsection if the burial is in the same THE COLUMBARIUM IN ARLINGTON burial; and gravesite as the gravesite in which the par- NATIONAL CEMETERY. ‘‘(ii) provide a justification for the author- ent, who is eligible for burial under sub- (a) IN GENERAL.—(1) Chapter 24 is amended by adding after section 2412, as added by sec- ization for burial. section (a), has been or will be buried. ‘‘(5)(A) In the case of an authorization for ‘‘(f) FAMILY MEMBERS OF PERSONS BURIED tion 302(a)(1) of this Act, the following new burial under this subsection, the President IN A GROUP GRAVESITE.—In the case of a per- section: or the Secretary of Defense, as the case may son eligible for burial under subsection (a) ‘‘§ 2413. Arlington National Cemetery: persons be, shall publish in the Federal Register a who is buried in Arlington National Ceme- eligible for placement in columbarium notice of the authorization as soon as prac- tery as part of a group burial, the surviving ‘‘(a) ELIGIBILITY.—The cremated remains of ticable after the authorization. spouse, minor child, or unmarried adult child the following individuals may be placed in

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10652 CONGRESSIONAL RECORD — SENATE September 8, 1999 the columbarium in Arlington National ‘‘(3) The Secretary of the Treasury shall Commission may borrow from the Treasury Cemetery: invest any portion of the memorial fund under subsection (e) as funds available to ‘‘(1) A person eligible for burial in Arling- that, as determined by the Chairman of the complete construction of the memorial, ton National Cemetery under section 2412 of Commission, is not required to meet current whether or not the Commission has actually this title. expenses. Each investment shall be made in exercised the authority to borrow such ‘‘(2)(A) A veteran whose last period of ac- an interest bearing obligation of the United funds. tive duty service (other than active duty for States or an obligation guaranteed as to ‘‘(g) VOLUNTARY SERVICES.—(1) Notwith- training) ended honorably. principal and interest by the United States standing section 1342 of title 31, the Commis- ‘‘(B) The spouse, surviving spouse, minor that, as determined by the Chairman of the sion may accept from any person voluntary child, and, at the discretion of the Super- Commission, has a maturity suitable for the services to be provided in furtherance of the intendent of Arlington National Cemetery, memorial fund. fund-raising activities of the Commission re- unmarried adult child of such a veteran. ‘‘(d) USE OF MEMORIAL FUND.—The memo- lating to the World War II memorial. ‘‘(b) SPOUSE.—Section 2412(d) of this title rial fund shall be available to the Commis- ‘‘(2) A person providing voluntary services shall apply to a spouse under this section in sion for— under this subsection shall be considered to the same manner as it applies to a spouse ‘‘(1) the expenses of establishing the World be a Federal employee for purposes of chap- under section 2412 of this title.’’. War II memorial, including the maintenance ter 81 of title 5, relating to compensation for (2) The table of sections at the beginning of and preservation amount provided for in sec- work-related injuries, and chapter 171 of title chapter 24 is amended by adding after sec- tion 8(b) of the Commemorative Works Act 28, relating to tort claims. A volunteer who tion 2412, as added by section 302(a)(2) of this (40 U.S.C. 1008(b)); is not otherwise employed by the Federal Act, the following new item: ‘‘(2) such other expenses, other than rou- Government shall not be considered to be a tine maintenance, with respect to the World Federal employee for any other purpose by ‘‘2413. Arlington National Cemetery: persons War II memorial as the Commission con- reason of the provision of such voluntary eligible for placement in col- siders warranted; and service, except that any volunteers given re- umbarium.’’. ‘‘(3) to secure, obtain, register, enforce, sponsibility for the handling of funds or the (b) EFFECTIVE DATE.—Section 2413 of title protect, and license any mark, copyright or carrying out of a Federal function are sub- 38, United States Code, as added by sub- patent that is owned by, assigned to, or li- ject to the conflict of interest laws contained section (a), shall apply with respect to indi- censed to the Commission under section in chapter 11 of title 18, and the administra- viduals dying on or after the date of the en- 2103(l) of this title to aid or facilitate the tive standards of conduct contained in part actment of this Act. construction of the World War II memorial. 2635 of title 5, Code of Federal Regulations. Subtitle B—World War II Memorial ‘‘(e) SPECIAL BORROWING AUTHORITY.—(1) ‘‘(3) The Commission may provide for reim- SEC. 311. SHORT TITLE. To assure that groundbreaking, construc- bursement of incidental expenses which are This subtitle may be cited as the ‘‘World tion, and dedication of the World War II me- incurred by a person providing voluntary services under this subsection. The Commis- War II Memorial Completion Act’’. morial are completed on a timely basis, the Commission may borrow money from the sion shall determine which expenses are eli- SEC. 312. FUND RAISING BY AMERICAN BATTLE gible for reimbursement under this para- MONUMENTS COMMISSION FOR Treasury of the United States in such WORLD WAR II MEMORIAL. amounts as the Commission considers nec- graph. ‘‘(4) Nothing in this subsection shall be essary, but not to exceed a total of (a) CODIFICATION OF EXISTING AUTHORITY; construed to require Federal employees to $65,000,000. Borrowed amounts shall bear in- EXPANSION OF AUTHORITY.—(1) Chapter 21 of work without compensation or to allow the terest at a rate determined by the Secretary title 36, United States Code, is amended by use of volunteer services to displace or re- of the Treasury, taking into consideration adding at the end the following new section: place Federal employees. the average market yield on outstanding ‘‘§ 2113. World War II memorial in the District ‘‘(h) TREATMENT OF CERTAIN CONTRACTS.— of Columbia marketable obligations of the United States A contract entered into by the Commission of comparable maturities during the month ‘‘(a) DEFINITIONS.—In this section: for the design or construction of the World preceding the month in which the obliga- War II memorial is not a funding agreement ‘‘(1) The term ‘World War II memorial’ tions of the Commission are issued. The in- means the memorial authorized by Public as that term is defined in section 201 of title terest payments on such obligations may be 35. Law 103–32 (107 Stat. 90) to be established by deferred with the approval of the Secretary the American Battle Monuments Commis- ‘‘(i) EXTENSION OF AUTHORITY TO ESTABLISH of the Treasury, but any interest payment so MEMORIAL.—Notwithstanding section 10 of sion on Federal land in the District of Co- deferred shall also bear interest. lumbia or its environs to honor members of the Commemorative Works Act (40 U.S.C. ‘‘(2) The borrowing of money by the Com- 1010), the legislative authorization for the the Armed Forces who served in World War mission under paragraph (1) shall be subject II and to commemorate the participation of construction of the World War II memorial to such maturities, terms, and conditions as contained in Public Law 103–32 (107 Stat. 90) the United States in that war. may be agreed upon by the Commission and ‘‘(2) The term ‘Commission’ means the shall not expire until December 31, 2005.’’. the Secretary of the Treasury, except that (2) The table of sections at the beginning of American Battle Monuments Commission. the maturities may not exceed 20 years and chapter 21 of title 36, United States Code, is ‘‘(3) The term ‘memorial fund’ means the such borrowings may be redeemable at the amended by adding at the end the following fund created by subsection (c). option of the Commission before maturity. new item: ‘‘(b) SOLICITATION AND ACCEPTANCE OF CON- ‘‘(3) The obligations of the Commission ‘‘2113. World War II memorial in the District TRIBUTIONS.—Consistent with the authority shall be issued in amounts and at prices ap- of the Commission under section 2103(e) of of Columbia.’’. proved by the Secretary of the Treasury. The (b) CONFORMING AMENDMENTS.—Public Law this title, the Commission shall solicit and authority of the Commission to issue obliga- 103–32 (107 Stat. 90) is amended by striking accept contributions for the World War II tions under this subsection shall remain sections 3, 4, and 5. memorial. available without fiscal year limitation. The (c) EFFECT OF REPEAL OF CURRENT MEMO- ‘‘(c) CREATION OF MEMORIAL FUND.—(1) Secretary of the Treasury shall purchase any RIAL FUND.—Upon the date of the enactment There is hereby created in the Treasury a obligations of the Commission to be issued of this Act, the Secretary of the Treasury fund for the World War II memorial, which under this subsection, and for such purpose shall transfer amounts in the fund created shall consist of the following: the Secretary of the Treasury may use as a by section 4(a) of Public Law 103–32 (107 Stat. ‘‘(A) Amounts deposited, and interest and public debt transaction of the United States 91) to the fund created by section 2113 of title proceeds credited, under paragraph (2). the proceeds from the sale of any securities 36, United States Code, as added by sub- ‘‘(B) Obligations obtained under paragraph issued under chapter 31 of title 31. The pur- section (a). (3). poses for which securities may be issued SEC. 313. GENERAL AUTHORITY OF AMERICAN ‘‘(C) The amount of surcharges paid to the under such chapter are extended to include BATTLE MONUMENTS COMMISSION Commission for the World War II memorial any purchase of the Commission’s obliga- TO SOLICIT AND RECEIVE CON- under the World War II 50th Anniversary tions under this subsection. TRIBUTIONS. Commemorative Coins Act. ‘‘(4) Repayment of the interest and prin- Subsection (e) of section 2103 of title 36, ‘‘(D) Amounts borrowed using the author- cipal on any funds borrowed by the Commis- United States Code, is amended to read as ity provided under subsection (e). sion under paragraph (1) shall be made from follows: ‘‘(E) Any funds received by the Commis- amounts in the memorial fund. The Commis- ‘‘(e) SOLICITATION AND RECEIPT OF CON- sion under section 2103(l) of this title in ex- sion may not use for such purpose any funds TRIBUTIONS.—(1) The Commission may solicit change for use of, or the right to use, any appropriated for any other activities of the and receive funds and in-kind donations and mark, copyright or patent. Commission. gifts from any State, municipal, or private ‘‘(2) The Chairman of the Commission shall ‘‘(f) TREATMENT OF BORROWING AUTHOR- source to carry out the purposes of this chap- deposit in the memorial fund the amounts ITY.—In determining whether the Commis- ter. The Commission shall deposit such funds accepted as contributions under subsection sion has sufficient funds to complete con- in a separate account in the Treasury. Funds (b). The Secretary of the Treasury shall cred- struction of the World War II memorial, as from this account shall be disbursed upon it to the memorial fund the interest on, and required by section 8 of the Commemorative vouchers approved by the Chairman of the the proceeds from sale or redemption of, ob- Works Act (40 U.S.C. 1008), the Secretary of Commission as well as by a Federal official ligations held in the memorial fund. the Interior shall consider the funds that the authorized to sign payment vouchers.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10653

‘‘(2) The Commission shall establish writ- (b) PERIOD OF TEMPORARY SERVICE.—(1) son to retired pay or a retirement or other ten guidelines setting forth the criteria to be The service of a judge on the Court under annuity under subchapter V of chapter 72 of used in determining whether the acceptance this section may continue until the earlier title 38, United States Code, or under chapter of funds and in-kind donations and gifts of— 83 or 84 of title 5, United States Code, as ap- under paragraph (1) would— (A) the date that is 30 days after the date plicable. ‘‘(A) reflect unfavorably on the ability of on which the chief judge of the Court sub- (4) Amounts paid under this subsection the Commission, or any employee of the mits to the President and Congress a written shall be derived from amounts available for Commission, to carry out the responsibilities certification based on the projected caseload payment of salaries and benefits of judges of or official duties of the Commission in a fair of the Court that the work of the Court can the Court. and objective manner; or be performed in a timely and efficient man- (e) CREDITABLE SERVICE.—(1) The service as ‘‘(B) compromise the integrity or the ap- ner by judges of the Court under this section a judge of the Court under this section of a pearance of the integrity of the programs of who are senior on the Court to the judge person who makes an election provided for the Commission or any official involved in electing to continue to provide temporary under subsection (d)(2)(B) shall constitute those programs.’’. service under this section or without judges creditable service toward the judge’s years of SEC. 314. INTELLECTUAL PROPERTY AND RE- under this section; or judicial service for purposes of section 7297 of LATED ITEMS. (B) the date on which the person appointed title 38, United States Code, with such serv- Section 2103 of title 36, United States Code, to the position on the Court occupied by the ice creditable at a rate equal to the rate at is amended by adding at the end the fol- judge under this section is qualified for the which such service would be creditable for lowing new subsection: position. such purposes if served by a judge of the ‘‘(l) INTELLECTUAL PROPERTY AND RELATED (2) Subsections (f) and (g) of section 7253 of Court under chapter 72 of that title. ITEMS.—(1) The Commission may— title 38, United States Code, shall apply with (2) The service as a judge of the Court ‘‘(A) adopt, use, register, and license trade- respect to the service of a judge on the Court under this section of a person paid salary marks, service marks, and other marks; under this section. under subsection (d)(1)(B) shall constitute ‘‘(B) obtain, use, register, and license the (c) TEMPORARY SERVICE IN OTHER POSI- creditable service of the person toward re- use of copyrights consistent with section 105 TIONS.—(1) If on the date that the person ap- tirement under subchapter V of chapter 72 of of title 17; pointed to the position on the Court occu- title 38, United States Code, or subchapter pied by a judge under this section is qualified ‘‘(C) obtain, use, and license patents; and III of chapter 83 or subchapter II of chapter another position on the Court is vacant, the ‘‘(D) accept gifts of marks, copyrights, pat- 84 of title 5, United States Code, as applica- judge may serve in such other position under ents and licenses for use by the Commission. ble. this section. ‘‘(2) The Commission may grant exclusive (f) ELIGIBILITY FOR ADDITIONAL SERVICE.— (2) If two or more judges seek to serve in a The service of a person as a judge of the and nonexclusive licenses in connection with position on the Court in accordance with any mark, copyright, patent, or license for Court under this section shall not affect the paragraph (1), the judge senior in service on eligibility of the person for appointment to the use of such mark, copyright or patent, the Court shall serve in the position under except to extent the grant of such license by an additional term or terms on the Court, that paragraph. whether in the position occupied by the per- the Commission would be contrary to any (d) COMPENSATION.—(1) Notwithstanding contract or license by which the use of such son under this section or in another position any other provision of law, a person whose on the Court. mark, copyright or patent was obtained. service as a judge of the Court continues ‘‘(3) The Commission may enforce any (g) TREATMENT OF PARTY MEMBERSHIP.— under this section shall be paid for the pe- For purposes of determining compliance mark, copyright, or patent by an action in riod of service under this section an amount the district courts under any law providing with the last sentence of section 7253(b) of as follows: title 38, United States Code, the party mem- for the protection of such marks, copyrights, (A) In the case of a person eligible to re- or patents. bership of a judge serving on the Court under ceive retired pay under subchapter V of this section shall not be taken into account. ‘‘(4) The Attorney General shall furnish chapter 72 of title 38, United States Code, or the Commission with such legal representa- SEC. 402. MODIFIED TERMS FOR CERTAIN a retirement annuity under subchapter III of JUDGES OF UNITED STATES COURT tion as the Commission may require under chapter 83 or subchapter II of chapter 84 of paragraph (3). The Secretary of Defense shall OF APPEALS FOR VETERANS title 5, United States Code, as applicable, an CLAIMS. provide representation for the Commission amount equal to one-half of the amount of (a) MODIFIED TERMS.—Notwithstanding in administrative proceedings before the the current salary payable to a judge of the section 7253(c) of title 38, United States Code, Patent and Trademark Office and Copyright Court under chapter 72 of title 38, United the term of any judge of the Court who is ap- Office. States Code, having a status on the Court pointed to a position on the Court that be- ‘‘(5) Section 203 of title 17 shall not apply equivalent to the highest status on the Court comes vacant in 2004 shall be 13 years. to any copyright transferred in any manner attained by the person. (b) ELIGIBILITY FOR RETIREMENT.—(1) For to the Commission.’’. (B) In the case of a person not eligible to purposes of determining the eligibility to re- TITLE IV—UNITED STATES COURT OF receive such retired pay or such retirement tire under section 7296 of title 38, United APPEALS FOR VETERANS CLAIMS annuity, an amount equal to the amount of States Code, of a judge appointed as de- SEC. 401. TEMPORARY SERVICE OF CERTAIN current salary payable to a judge of the scribed in subsection (a)— JUDGES OF UNITED STATES COURT Court under such chapter 72 having a status (A) the age and service requirements in the OF APPEALS FOR VETERANS CLAIMS on the Court equivalent to the highest status table in paragraph (2) shall apply to the UPON EXPIRATION OF THEIR TERMS on the Court attained by the person. judge instead of the age and service require- OR RETIREMENT. (2) Amounts paid under this subsection to ments in the table in subsection (b)(1) of that (a) AUTHORITY FOR TEMPORARY SERVICE.— a person described in paragraph (1)(A)— section that would otherwise apply to the (1) Notwithstanding subsection (c) of section (A) shall not be treated as— judge; and 7253 of title 38, United States Code, and sub- (i) compensation for employment with the (B) the minimum years of service applied ject to the provisions of this section, a judge United States for purposes of section 7296(e) to the judge for eligibility to retire under of the Court whose term on the Court expires of title 38, United States Code, or any provi- the first sentence of subsection (b)(2) of that in 2004 or 2005 and completes such term, or sion of title 5, United States Code, relating section shall be 13 years instead of 15 years. who retires from the Court under section to the receipt or forfeiture of retired pay or (2) The age and service requirements in 7296(b)(1) of such title, may continue to serve retirement annuities by a person accepting this paragraph are as follows: on the Court after the expiration of the compensation for employment with the judge’s term or retirement, as the case may United States; or The judge has attained And the years of service be, without reappointment for service on the age: as a judge are at least (ii) pay for purposes of deductions or con- 65 ...... 13 Court under such section 7253. tributions for or on behalf of the person to 66 ...... 13 (2) A judge may continue to serve on the retired pay under subchapter V of chapter 72 67 ...... 13 Court under paragraph (1) only if the judge of title 38, United States Code, or under 68 ...... 12 submits to the chief judge of the Court writ- chapter 83 or 84 of title 5, United States 69 ...... 11 ten notice of an election to so serve 30 days Code, as applicable; but 70 ...... 10 before the earlier of— (B) may, at the election of the person, be SEC. 403. TEMPORARY AUTHORITY FOR VOL- (A) the expiration of the judge’s term on treated as pay for purposes of deductions or UNTARY SEPARATION INCENTIVES the Court as described in that paragraph; or contributions for or on behalf of the person FOR CERTAIN JUDGES ON UNITED (B) the date on which the judge meets the to a retirement or other annuity, or both, STATES COURT OF APPEALS FOR age and service requirements for eligibility under subchapter V of chapter 72 of title 38, VETERANS CLAIMS. for retirement set forth in section 7296(b)(1) United States Code, or under chapter 83 or 84 (a) TEMPORARY AUTHORITY.—A voluntary of such title. of title 5, United States Code, as applicable. separation incentive payment may be paid in (3) The total number of judges serving on (3) Amounts paid under this subsection to accordance with this section to any judge of the Court at any one time, including the a person described in paragraph (1)(B) shall the Court described in subsection (c). judges serving under this section, may not be treated as pay for purposes of deductions (b) AMOUNT OF INCENTIVE PAYMENT.—The exceed 7. or contributions for or on behalf of the per- amount of a voluntary separation incentive

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10654 CONGRESSIONAL RECORD — SENATE September 8, 1999 payment paid to a judge under this section ORDERS FOR THURSDAY, To be general shall be $25,000. SEPTEMBER 9, 1999 GEN. THOMAS A. SCHWARTZ, 0000. (c) COVERED JUDGES.—A voluntary separa- FOREIGN SERVICE tion incentive payment may be paid under Mr. BROWNBACK. Madam President, I ask unanimous consent that when the THE FOLLOWING-NAMED CAREER MEMBERS OF THE this section to any judge of the Court who— SENIOR FOREIGN SERVICE OF THE AGENCY FOR INTER- (1) meets the age and service requirements Senate completes its business today, it NATIONAL DEVELOPMENT FOR PROMOTION IN THE SEN- for retirement set forth in section 7296(b)(1) stand adjourned until the hour of 9:30 IOR FOREIGN SERVICE TO THE CLASSES INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE of title 38, United States Code, as of the date a.m. on Thursday, September 9. I fur- OF THE UNITED STATES OF AMERICA, CLASS OF CAREER on which the judge retires from the Court; ther ask consent that on Thursday, im- MINISTER: (2) submits a notice of an intent to retire mediately following the prayer, the GEORGE CARNER, OF CALIFORNIA in accordance with subsection (d); and Journal of proceedings be approved to WILLIAM S. RHODES, OF VIRGINIA (3) retires from the Court under that sec- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE tion not later than 30 days after the date on date, the morning hour be deemed ex- OF THE UNITED STATES OF AMERICA, CLASS OF MIN- which the judge meets such age and service pired, the time for the two leaders be ISTER-COUNSELOR: requirements. reserved for their use later in the day, ELENA BRINEMAN, OF VIRGINIA and the Senate immediately begin LISA CHILES, OF THE DISTRICT OF COLUMBIA (d) NOTICE OF INTENT TO RETIRE.—(1) A DIRK W. DIJKERMAN, OF NEW YORK judge of the Court seeking payment of a vol- three consecutive votes as previously LEWIS W. LUCKE, OF TEXAS untary separation incentive payment under ordered. WALTER E. NORTH, OF WASHINGTON this section shall submit to the President THE FOLLOWING-NAMED CAREER MEMBERS OF THE The PRESIDING OFFICER. Without FOREIGN SERVICE OF THE AGENCY FOR INTERNATIONAL and Congress a timely notice of an intent to objection, it is so ordered. DEVELOPMENT FOR PROMOTION INTO THE SENIOR FOR- retire from the Court, together with a re- EIGN SERVICE: quest for payment of the voluntary separa- f CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF COUN- tion incentive payment. PROGRAM SELOR: (2) A notice shall be timely submitted JAMES R. BONNELL, OF VIRGINIA under paragraph (1) only if submitted— Mr. BROWNBACK. For the informa- DAVID E. ECKERSON, OF WASHINGTON (A) not later than one year before the date tion of all Senators, the Senate will WILLIAM A. JEFFERS, OF FLORIDA RODNEY W. JOHNSON, OF VIRGINIA of retirement of the judge concerned from convene at 9:30 a.m. and begin a series DEBRA D. MC FARLAND, OF FLORIDA the Court; or of three stacked votes. The first vote is B. EILENE OLDWINE, OF NEW YORK (B) in the case of a judge whose retirement on cloture on the motion to proceed to MARY CATHERINE OTT, OF MARYLAND from the Court will occur less than one year MICHAEL CROOKS TROTT, OF VIRGINIA the Transportation appropriations bill. STEVEN G. WISECARVER, OF VIRGINIA after the date of the enactment of this Act, not later than 30 days after the date of the That will be followed by a vote on or in THE FOLLOWING-NAMED CAREER MEMBERS OF THE relation to the Bond amendment, No. SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF enactment of this Act. STATE FOR PROMOTION IN THE SENIOR FOREIGN SERV- (e) DATE OF PAYMENT.—A voluntary sepa- 1621, and, third, the Robb amendment, ICE TO THE CLASSES INDICATED: No. 1583. Following the votes, the Sen- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE ration incentive payment may be paid to a OF THE UNITED STATES OF AMERICA, CLASS OF CAREER judge of the Court under this section only ate will resume consideration of the MINISTER: upon the retirement of the judge from the pending Hutchison amendment regard- JOHNNIE CARSON, OF ILLINOIS Court. ing oil royalties. Further amendments RYAN CLARK CROCKER, OF WASHINGTON MARC I. GROSSMAN, OF VIRGINIA (f) TREATMENT OF PAYMENT.—A voluntary and votes are expected throughout to- DONNA JEAN HRINAK, OF PENNSYLVANIA separation incentive payment paid to a judge morrow’s session of the Senate, with A. ELIZABETH JONES, OF MARYLAND under this section shall not be treated as pay the anticipation of completing action B. LYNN PASCOE, OF MISSOURI for purposes of contributions for or on behalf CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE of the judge to retired pay or a retirement or on the bill. OF THE UNITED STATES OF AMERICA, CLASS OF MIN- other annuity under subchapter V of chapter f ISTER-COUNSELOR: 72 of title 38, United States Code. MICHAEL R. ARIETTI, OF CONNECTICUT ADJOURNMENT UNTIL 9:30 A.M. JOHN R. BACA, OF TEXAS (g) ELIGIBILITY FOR TEMPORARY SERVICE ON ROBYN M. BISHOP, OF FLORIDA COURT.—A judge seeking payment of a vol- TOMORROW WILLIAM J. BRENCICK, OF MISSOURI untary separation incentive payment under STEVEN ROBERT BUCKLER, OF NEW HAMPSHIRE Mr. BROWNBACK. If there is no fur- R. NICHOLAS BURNS, OF VIRGINIA this section may serve on the Court under ther business to come before the Sen- SHAUN M. BYRNES, OF CALIFORNIA section 401 if eligible for such service under ate, I ask unanimous consent that the JAMES C. CASON, OF FLORIDA that section. RICHARD A. CHRISTENSON, OF WISCONSIN Senate stand in adjournment under the JOHN R. DAWSON, OF NEW YORK (h) SOURCE OF PAYMENTS.—Amounts for previous order. ALAN W. EASTHAM, JR., OF ARKANSAS voluntary separation incentive payments ERIC S. EDELMAN, OF VIRGINIA There being no objection, the Senate, M. MICHAEL EINIK, OF VIRGINIA under this section shall be derived from W. DOUGLAS FRANK, OF MARYLAND amounts available for payment of salaries at 8:37 p.m., adjourned until Thursday, DANIEL FRIED, OF THE DISTRICT OF COLUMBIA and benefits of judges of the Court. September 9, 1999, at 9:30 a.m. MICHAEL F. GALLAGHER, OF PENNSYLVANIA MAURA HARTY, OF FLORIDA (i) EXPIRATION OF AUTHORITY.—A voluntary f KEVIN F. HERBERT, OF NEW YORK separation incentive payment may not be CHRISTOPHER ROBERT HILL, OF RHODE ISLAND paid under this section to a judge who retires NOMINATIONS DAVID T. HOPPER, OF VIRGINIA FRANKLIN HUDDLE, JR., OF CALIFORNIA from the Court after December 31, 2002. Executive nominations received by VICKI J. HUDDLESTON, OF MARYLAND SEC. 404. DEFINITION. MARIE T. HUHTALA, OF CALIFORNIA the Senate September 8, 1999: DAVID TIMOTHY JOHNSON, OF TEXAS In this title, the term ‘‘Court’’ means the WAYNE E. JULIAN, OF TEXAS DEPARTMENT OF THE TREASURY United States Court of Appeals for Veterans SCOTT MARK KENNEDY, OF CALIFORNIA JIMMY J. KOLKER, OF SOUTH DAKOTA Claims. JAY JOHNSON, OF WISCONSIN, TO BE DIRECTOR OF THE MINT FOR A TERM OF FIVE YEARS, VICE PHILIP N. GEORGE C. LANNON, OF TEXAS DIEHL, TERM EXPIRED. JOSEPH ROBERT MANZANARES, OF COLORADO The title was amended so as to read: THOMAS H. MARTIN, OF CALIFORNIA ‘‘A bill To amend title 38, United AFRICAN DEVELOPMENT BANK NANCY M. MASON, OF THE DISTRICT OF COLUMBIA BARBRO A. OWENS-KIRKPATRICK, OF CALIFORNIA States Code, to enhance programs pro- WILLENE A. JOHNSON, OF NEW YORK, TO BE UNITED GARY DEAN PENNER, OF NEBRASKA viding health care and other benefits STATES DIRECTOR OF THE AFRICAN DEVELOPMENT STEVEN KARL PIFER, OF CALIFORNIA BANK FOR A TERM OF FIVE YEARS, VICE ALICE MARIE MICHAEL CHRISTIAN POLT, OF TENNESSEE for veterans, to authorize major med- DEAR, TERM EXPIRED. WILLIAM PINCKNEY POPE, OF VIRGINIA ical facility projects, to reform eligi- DEPARTMENT OF STATE NANCY J. POWELL, OF IOWA TIMOTHY E. RODDY, OF VIRGINIA bility for burial in Arlington National JOSEPH W. PRUEHER, OF TENNESSEE, TO BE AMBAS- VLADIMIR PETER SAMBAIEW, OF TEXAS Cemetery, and for other purposes.’’. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF STEPHEN A. SCHLAIKJER, OF FLORIDA THE UNITED STATES OF AMERICA TO THE PEOPLE’S RE- DEBORAH RUTH SCHWARTZ, OF MARYLAND PUBLIC OF CHINA. CATHERINE MUNNELL SMITH, OF CONNECTICUT f ROBERT J. SMOLIK, OF CALIFORNIA DEPARTMENT OF JUSTICE TERRY R. SNELL, OF WASHINGTON MARK REID TUCKER, OF NORTH CAROLINA, TO BE JAMES VANDERHOFF, OF TEXAS ORDER FOR STAR PRINT—S. 1547 UNITED STATES MARSHAL FOR THE EASTERN DISTRICT LINDA E. WATT, OF VIRGINIA OF NORTH CAROLINA FOR THE TERM OF FOUR YEARS, GRETCHEN GERWE WELCH, OF CALIFORNIA WALLACE RAY WILLIAMS, OF WASHINGTON Mr. BROWNBACK. Madam President, VICE WILLIAM I. BERRYHILL, TO WHICH POSITION HE WAS APPOINTED DURING THE LAST RECESS OF THE SEN- THE FOLLOWING-NAMED CAREER MEMBERS OF THE I ask unanimous consent that S. 1547 be ATE. FOREIGN SERVICE FOR PROMOTION INTO THE SENIOR star printed with the changes that are IN THE ARMY FOREIGN SERVICE, AND FOR APPOINTMENT AS CON- SULAR OFFICERS AND SECRETARIES IN THE DIPLO- at the desk. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MATIC SERVICE, AS INDICATED: The PRESIDING OFFICER. Without IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND OF THE UNITED STATES OF AMERICA, CLASS OF COUN- objection, it is so ordered. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SELOR:

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 9801 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — SENATE S10655

BERNARD ALTER, OF COLORADO IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF NATHANIEL GRAHAM JENSEN, OF NEW HAMPSHIRE DIANNEMCINTYRE ANDRUCH, OF ARIZONA AMERICA: WILLIAM B. JOHNSON, OF FLORIDA KAY L. ANSKE, OF TEXAS SANFORD N. OWENS, OF WASHINGTON JANICE L. JORDAN, OF VIRGINIA KATHLEEN THERESE AUSTIN, OF THE DISTRICT OF CO- GREGORY S. TAEVS, OF CALIFORNIA EMIRA C. KASEM, OF VIRGINIA LUMBIA ROBERT EARL KEMP, OF KENTUCKY PERRY EDWIN BALL, OF GEORGIA DEPARTMENT OF STATE CLIFFORD T. KNIGHT, OF VIRGINIA MARCIA S. BERNICAT, OF NEW JERSEY JONATHAN KORACH, OF VIRGINIA JANET L. HENNEKE, OF TEXAS JANET L. BOGUE, OF WASHINGTON WILLIAM HENRY LAITINEN, OF THE DISTRICT OF COLUM- TERRY ALAN BREESE, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF BIA JUDSON L. BRUNS III, OF COLORADO CLASS THREE, CONSULAR OFFICERS AND SECRETARIES DAVID MICHAEL LAMONTAGNE, OF NORTH CAROLINA DONALD CAMP, OF MARYLAND IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MICHAEL E. LATHAM, OF VIRGINIA ROBERT F. CEKUTA, OF NEW YORK AMERICA, EFFECTIVE JUNE 28, 1996: MICHAEL JOHN LAYNE, OF VIRGINIA HARLAN K. COHEN, OF CONNECTICUT VAL J. LETELLIER, OF CALIFORNIA FREDERICK BISHOP COOK, OF FLORIDA DONALD LEROY MOORE, OF FLORIDA TIMOTHY J. LUNARDI, OF PENNSYLVANIA BOHDAN DMYTREWYCZ, OF VIRGINIA JOSEPH A. MARR, OF ILLINOIS EDWARD K. H. DONG, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN AMY MARIE MASON, OF MAINE STEPHEN ANTHONY EDSON, OF KANSAS SARAH MICHELLE MATHAI, OF CONNECTICUT JAMES A. FORBES, OF NEVADA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA: LAURA ANN MC CALLUM, OF TEXAS JAMES JOHN FOSTER, OF THE DISTRICT OF COLUMBIA TERRY WILLIAM MC CONNAUGHEY, OF MARYLAND DEBORAH E. GRAZE, OF VIRGINIA VICTORIA ANNE LIEBER ALVARADO, OF CALIFORNIA MIKAEL C. MC COWAN, OF NEW YORK ROSEMARY ELLEN HANSEN, OF VIRGINIA INDRAN J. AMIRTHANAYAGAM, OF NEW YORK DANIEL F. MC CULLOUGH, OF OHIO JOHN J. HARTLEY II, OF SOUTH CAROLINA DANIEL BAZAN, OF TEXAS ANDREW EUGENE MC DAVID, JR., OF COLORADO JOSEPH HILLIARD, JR., OF WASHINGTON WILLIAM DAVID BENT, OF MASSACHUSETTS KIMBERLY A. MC DONALD, OF VIRGINIA JOSEPH HUGGINS, OF THE DISTRICT OF COLUMBIA DAVID C. BROOKS, OF CONNECTICUT JOHN ROSS MC GUIRE, OF VIRGINIA MIRIAM KAHAL HUGHES, OF FLORIDA ROBIN D. DIALLO, OF CALIFORNIA KEVIN L. MC NEIL, OF TENNESSEE MARK HANSLEY JACKSON, OF FLORIDA PATRICIA L. FIETZ, OF NEW YORK JONATHAN R. MENNUTI, OF TEXAS JAMES ROBERT KEITH, OF FLORIDA NICHOLAS JOSEPH GIACOBBE, JR., OF VIRGINIA TODD H. MILLICK, OF MARYLAND GEORGE ALBERT KROL, OF NEW JERSEY ANTHONY R. GIOVANNIELLO, OF CALIFORNIA JOAQUIN F. MONSERRATE, OF PUERTO RICO HELEN R. MEAGHER LALIME, OF FLORIDA KATHARINA P. GOLLNER-SWEET, OF VIRGINIA GREGORY R. C. MORRISON, OF THE DISTRICT OF COLUM- ROBERT G. LOFTIS, OF COLORADO PATRICIA H.H. GUY, OF FLORIDA BIA STEPHEN GEORGE MC FARLAND, OF TEXAS ALAN RAND HOLST, OF TEXAS AMANDA CELESTE MORROW, OF TEXAS JAMES D. MC GEE, OF INDIANA VICTOR J. HUSER, OF TEXAS MARK MOTLEY, OF NEW YORK WILLIAM J. MC GLYNN, JR., OF VIRGINIA FARNAZ KHADEM, OF CALIFORNIA HERRO K. MUSTAFA, OF VIRGINIA P. MICHAEL MC KINLEY, OF CONNECTICUT ARTHUR H. MARQUARDT, OF MICHIGAN JOHN H. NAEHER, OF VIRGINIA JOHN L. MORAN, OF NEW YORK VONDA GAY NICHOLS, OF TEXAS JOSEPH ADAMO MUSSOMELI, OF TEXAS CONSTANTINOS C. NICOLAIDIS, OF WASHINGTON CHRISTOPHER GREGORY PALMER, OF VIRGINIA GLENN CARLYLE NYE III, OF VIRGINIA DAVID DANIEL NELSON, OF SOUTH DAKOTA GREGORY C. PATRICK, OF CALIFORNIA WANDA LETITIA NESBITT, OF PENNSYLVANIA NEIL M. O’CONNOR, OF MASSACHUSETTS DAVID MATTHEW PURL, OF CALIFORNIA HUGUES OGIER, OF HAWAII STEPHEN VANCE NOBLE, OF VERMONT MARK M. SCHLACHTER, OF NEBRASKA VICTORIA NULAND, OF CONNECTICUT MORGAN ANDREW PARKER, OF MISSOURI ANN G. SORAGHAN, OF VIRGINIA LIZA PETRUSH, OF THE DISTRICT OF COLUMBIA MAURICE S. PARKER, OF CALIFORNIA DONN-ALLAN GERARD TITUS, OF FLORIDA HOWARD T. PERLOW, OF VIRGINIA ROBERT B. PICKELL, OF VIRGINIA STEWARD D. TUTTLE, JR., OF CALIFORNIA JENNIFER RASAMIMANANA, OF CALIFORNIA JUNE CARTER PERRY, OF THE DISTRICT OF COLUMBIA SUSAN M. WALSH, OF ALABAMA CARL C. RISCH, OF PENNSYLVANIA LOUIS M. POSSANZA, OF VIRGINIA WILLIAM J. WEISSMAN, OF CALIFORNIA KAREN E. ROBBLEE, OF NEW YORK CHARLES AARON RAY, OF TEXAS ROBERT A. ZIMMERMAN, OF NEW JERSEY JOHN ALEXANDER RITCHIE, OF VIRGINIA ROBERT C. RUEHLE, OF NEW YORK CAROL ANN RODLEY, OF MAINE THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN LINDA A. ROUSE, OF VIRGINIA EARLE ST. AUBIN SCARLETT, OF CALIFORNIA SERVICE OF THE DEPARTMENTS OF COMMERCE AND MEREDITH L. SAGER, OF VIRGINIA JACK DAVID SEGAL, OF CALIFORNIA STATE TO BE CONSULAR OFFICERS AND/OR SECRE- SUZANNE R. SENE, OF VIRGINIA THOMAS ALFRED SHANNON, JR., OF FLORIDA TARIES IN THE DIPLOMATIC SERVICE OF THE UNITED KIER MAY SEXTON, OF VIRGINIA PAMELA JO H. SLUTZ, OF TEXAS STATES OF AMERICA, AS INDICATED: EUGENIA MARIA SIDEREAS, OF ILLINOIS DAVID CARTER STEWART, OF TEXAS CONSULAR OFFICERS AND SECRETARIES IN THE DIP- CHARAZED SIOUD, OF MARYLAND HOWARD STOFFER, OF NEW YORK LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: L. REECE SMYTH, JR., OF TEXAS ELEANOR BLY SUTTER, OF NEW YORK MICHAEL J. SOLBERG, OF ARKANSAS BRUCE EDWIN THOMAS, OF CALIFORNIA JESSAMYN FAY ALLEN, OF TEXAS MICHELLE A. SOLINSKY, OF WASHINGTON THOMAS JOSEPH TIERNAN, OF ILLINOIS JOSHUA C. ARCHIBALD, OF CALIFORNIA SHAYNA STEINGER SINGH, OF IOWA CRAIG STUART TYMESON, OF FLORIDA DAVID ASHLEY BAGWELL, JR., OF ALABAMA FOSTER STOLTE, OF MARYLAND CAROL VAN VOORST, OF VIRGINIA KIMBERLEY S. BARR, OF TEXAS TODD R. STONE, OF COLORADO PHILIP R. WALL, OF WASHINGTON JOHN P. BARRY, JR., OF NEW YORK SIMS THOMAS, OF OREGON DONALD EUGENE WELLS, OF ILLINOIS MICHAEL C. BARRY, OF VIRGINIA DU D. TRAN, OF THE DISTRICT OF COLUMBIA GEORGE MC DONALD WHITE, OF INDIANA GREGORY W. BAYER, OF CONNECTICUT ANDREW JASON TREGO, OF KANSAS JAMES G. WILLIARD, OF FLORIDA MITCHELL PETER BENEDICT, OF VIRGINIA VALDA MAIJA VIKMANIS, OF MINNESOTA JAMES HOWARD YELLIN, OF PENNSYLVANIA NICHOLAS RICHARD BERLINER, OF CONNECTICUT CAROL J. VOLK, OF NEW YORK AUDU MARK E. BESMER, OF CONNECTICUT AMY HART VRAMPAS, OF FLORIDA CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE, DAVID B. BINGHAM, OF THE DISTRICT OF COLUMBIA PATRICIA M. WAGNER, OF TEXAS CLASS OF COUNSELOR, AND CONSULAR OFFICERS AND RICHARD LEE BUANGAN, OF CALIFORNIA PAUL SHANE WATZLAVICK, OF TEXAS SECRETARIES IN THE DIPLOMATIC SERVICE OF THE AMY CHRISTINE CARLON, OF TEXAS JONATHAN K. WEBSTER, OF THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA: AMY A. CARNIE, OF NEW HAMPSHIRE JONATHAN CRAIG WEYER, OF NEW JERSEY LEE FRANCIS CISSNA, OF MARYLAND M. AUDREY ANDERSON, OF OREGON TODD M. WILCOX, OF FLORIDA DAVID L. CITRON, OF VIRGINIA COOPER J. WIMMER, OF PENNSYLVANIA TONY R. BELL, OF TEXAS JOHN DAVID COCKRELL, OF OHIO JACK A. BLAIR, JR., OF VIRGINIA AMY ELAINE WISGERHOF, OF CALIFORNIA THOMAS MCKINNEY COLEMAN II, OF MISSISSIPPI KAMI A. WITMER, OF PENNSYLVANIA GERALD L. DE SALVO, OF FLORIDA ARTHUR F. COLETTA, OF MARYLAND MARTIN T. DONNELLY, OF VIRGINIA JENNIFER FOREST YANG, OF CALIFORNIA ROBERT ALLYN COLLINS, OF TEXAS HUGO YON, OF CALIFORNIA JOHN F. DURBIN, OF OHIO CARLOS REX CRIGGER, OF VIRGINIA BARBARA L. KOCH, OF NEW YORK FENWICK W. YU, OF MARYLAND JASON R. CUBAS, OF FLORIDA ZAID ABDULLAH ZAID, OF MARYLAND JAMES A. MC WHIRTER, OF FLORIDA AIMEE CUTRONA, OF CALIFORNIA GRETCHEN A. MC COY, OF NEBRASKA CHARLES W. DAVIS, JR., OF TEXAS THE FOLLOWING-NAMED CAREER MEMBER OF THE RONALD L. MILLER, OF MICHIGAN ROBERT ANDREW DICKSON III, OF VIRGINIA FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR RALPH W. MOORE, OF FLORIDA MATTHEW S. DOLBOW, OF CONNECTICUT PROMOTION IN THE SENIOR FOREIGN SERVICE AS INDI- JOE D. MORTON, OF MARYLAND J. BRIAN DUGGAN, OF TEXAS CATED, EFFECTIVE DECEMBER 7, 1997: JOHN C. MURPHY, OF VIRGINIA DEBRA L. DYMERSKY, OF VIRGINIA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE ALAN M. NATHANSON, OF VIRGINIA DANIEL W. EBERT, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF COUN- SUSAN H. SWART, OF FLORIDA MARK DARYL ERICKSON, OF NEW HAMPSHIRE SELOR: JOHN LEE ESPINOZA, OF TEXAS THE FOLLOWING-NAMED PERSONS OF THE AGENCIES STEPHEN R. KELLY, OF NEW HAMPSHIRE INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- JAMES DOUGLAS FELLOWS, OF MARYLAND FICERS OF THE CLASSES STATED, AND ALSO FOR THE AARON D. FISHMAN, OF THE DISTRICT OF COLUMBIA THOMAS R. FLADLAND, OF SOUTH DAKOTA OTHER APPOINTMENTS INDICATED HEREWITH: f FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ANDREW L. FLASHBERG, OF CALIFORNIA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE ALAN GUNNAR FREY, OF VIRGINIA DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- LYNNE BRETT GADKOWSKI, OF NEW HAMPSHIRE ICA: DOUGLAS B. GALLOWAY, OF MARYLAND CONFIRMATIONS GREGORY NELSON GARDNER, OF CALIFORNIA DEPARTMENT OF STATE GREGORY LAWRENCE GARLAND, OF FLORIDA Executive Nominations confirmed by BRIAN JOSEPH GEORGE, OF COLORADO RUEBEN MICHAEL RAFFERTY, OF VIRGINIA ROBERT W. GERBER, OF NORTH CAROLINA the Senate September 8, 1999: FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF ETHAN GLICK, OF MARYLAND THE JUDICIARY CLASS TWO, CONSULAR OFFICER AND SECRETARY IN ANN M. GOUGH, OF MASSACHUSETTS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SIMON R. HANKINSON, OF FLORIDA ADALBERTO JOSE JORDAN, OF FLORIDA, TO BE UNITED AMERICA: KEITH LEE HEFFERN, OF VIRGINIA STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT MAURA F. HENNESSY-SHAW, OF THE DISTRICT OF CO- OF FLORIDA. DEPARTMENT OF COMMERCE LUMBIA MARSHA J. PECHMAN, OF WASHINGTON, TO BE UNITED RICHARD R. CRAIG, OF CONNECTICUT J. DENVER HERREN, OF OKLAHOMA STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT CHING-HSIU SHERRY HONG, OF FLORIDA OF WASHINGTON. FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF WILLIAM DENNIS HOWARD, OF CALIFORNIA CARLOS MURGUIA, OF KANSAS, TO BE UNITED STATES CLASS THREE, CONSULAR OFFICERS AND SECRETARIES BRIAN D. JENSEN, OF CALIFORNIA DISTRICT JUDGE FOR THE DISTRICT OF KANSAS.

VerDate Mar 15 2010 21:52 Nov 01, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 9801 E:\1999SENATE\S08SE9.REC S08SE9 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E1801 EXTENSIONS OF REMARKS

INTRODUCTION OF THE COMPUTER IN HONOR OF WINNIE LEE BROWN for their recovery by providing psychological CRIME ENFORCEMENT ACT OF 1999 MARTIN and emotional support services at no cost whatsoever to people with cancer and their HON. DENNIS J. KUCINICH loved ones. HON. MATT SALMON OF OHIO They are the ones who provide the support so vital to one's recovery. The Wellness Cen- OF ARIZONA IN THE HOUSE OF REPRESENTATIVES ter, South Bay Cities' programs are designed IN THE HOUSE OF REPRESENTATIVES Wednesday, September 8, 1999 to address the loss of control, hopelessness Mr. KUCINICH. Mr. Speaker, today I rise to and social isolation that cancer patients and Wednesday, September 8, 1999 honor the memory of Mrs. Winnie Lee Brown their families often experience. Each year, Mr. SALMON. Mr. Speaker, I rise to intro- Martin of Garfield Heights, Ohio for her years they help thousands of patients and families duce the Computer Crime Enforcement Act of of devotion and service to her community. who are battling this illness, providing assist- 1999. The bill provides $25 million in grants Mrs. Martin devoted her time selflessly and ance during the difficult times. (from the Department of Justice) to local law wholeheartedly, balacing between the commu- I commend the staff and volunteers for pro- enforcement officials to combat computer nity, a family, and her job. She was a diligent viding such outstanding care. The South Bay crime. Specifically, the grants will be used to: worker and worked at the Joseph Feiss and is grateful for your services. Teach State and city law enforcement agents Company's clothing factor for more than twen- f how to investigate hi-tech crimes; purchase ty-eight years, but never let it subtract from her life at home. Her sense of family values A TRIBUTE TO DR. PHRA E. the necessary equipment to assist in the in- KERCHEVAL vestigation of computer crime; and train pros- lead to a warm, loving home for her two sons, Elroy Martin, Jr. and Laddree Lee Martin, and ecutors to conduct investigations and forensic to her late husband, Elroy Martin, Sr. who HON. CARRIE P. MEEK analysis of evidence in prosecutions of com- sadly passed away eleven years ago. OF FLORIDA puter crime. She skillfully represented her community IN THE HOUSE OF REPRESENTATIVES As you know, many businesses, educational and was a dynamic local political leader. The Wednesday, September 8, 1999 institutions, banks, hospitals, and other infor- list of her achievements is seemingly endless. mation-intensive entities have fallen prey to hi- She served as president of the Garfield Mrs. MEEK of Florida. Mr. Speaker, I rise tech criminals who illegally break into com- Heights Women's Civic Club, precinct com- today to pay tribute to Dr. Phra E. Kercheval, puter systems and steal sensitive information. mitteewoman, and was on the executive board an outstanding citizen of the United States And too often, local law enforcement agents of the Garfield Heights Democratic Club. The and a lifelong resident of the State of West have not had the necessary equipment or Cuyahoga County Board of Elections further Virginia, who celebrated his 101st birthday on training to protect the public from hi-tech deputized her to assist them in the voting May 21, 1999. thieves. process. She also contributed so much to the Dr. Kercheval was born on May 21, 1898 in community life, serving on the Council of Min- Horton, Randolph County, WV, to George H. Computer Crime is on the rise. And compa- and Ella Kercheval. He graduated from nies are requiring more Federal assistance. istries of Schaffer United Methodist Church and later, as an active member of St. Paul Tunnelton High School-Preston County in According to a recent report released by the United Methodist Church. She even organized 1914, from Potomac State College with a Pre- FBI and the Computer Security Institute, 32 the community's popular High Steppers drill Dental degree in 1916, and from Baltimore percent of companies surveyed required help team. These activities did not go unrecog- College of Dental Surgery-University of Mary- from law enforcement agenciesÐup 17 per- nized: in 1983 she was awarded the Phillips- land in 1921. He was a member of Sigma Nu, cent from the prior year. And, according to a Van Heusen Corporation Award for out- Theta Nu Epsilon, and Psi-Omega Alpha recent report by San Francisco's Computer standing community service and in 1985 she Chapter. Security Institute, nearly a third of U.S. com- was awarded the Henry S. Trubiano Award for Dr. Kercheval is a veteran of World War I, panies, financial institutions, government service in the Democratic Club. being a member of the U.S. Army Medical agencies, and universities say their computer Mrs. Martin's legacy lives on in her sons, Corps, serial number 512556, and received an systems were penetrated by outsiders last grandchildren, and great-grandchildren. Her Honorable Discharge in 1918. Dr. Kercheval year. More than half of the organizations said dedication and her warm personality will be re- established his dental practice in Tunnelton their computer systems were subject to unau- membered with affection for many years to and Kingwood, WV in 1921 and practiced for thorized access by insiders, and 57 percent come. My dear colleagues, please join me in 52 years, until 1973. He founded and estab- said the Internet was a ``frequent point of'' by honoring the memory of this remarkable lished the Kercheval Memorial Clinic with the hackers, up 37.5 percent from 3 years ago. woman. She will be greatly missed. cooperation of Dr. John Lehman in July, 1939. We can no longer afford to be mystified by f He was instrumental in establishing the cur- those who commit these hi-tech crimes. The rent Preston Memorial Hospital in Kingwood, TRIBUTE TO THE WELLNESS small network that once was the electronic WV in 1952. COMMUNITY, SOUTH BAY CITIES home to a few scientists has become an elec- Dr. Kercheval is a member of the American tronic labyrinth where hundreds of millions of Legion and has held the position of Post Com- people regularly pay taxes, trade stock bank, HON. STEVEN T. KUYKENDALL mander on five occasions, is Past Commander buy goods, and send intensely personal infor- OF CALIFORNIA of the State of West Virginia 1944±1945, was on the National Executive Committee 1947± mation. When criminal gain access to this sen- IN THE HOUSE OF REPRESENTATIVES 1958, served on the National Rehabilitation sitive information, the consequences can be Wednesday, September 8, 1999 Committee, and was one of the organizers of devastating. Mr. KUYKENDALL. Mr. Speaker, I rise the Mountaineer Boy's State. He met with Computer criminals know no boundaries. today to recognize a very special organization Senate and House leaders in regard to vet- And they are becoming sophisticated to the in my district, the Wellness Community, South erans' benefits during his activity with the Na- point that most companies aren't even aware Bay Cities. For the last 12 years, this group tional Rehabilitation Committee. that they are under attack. therefore, it is im- has provided much needed emotional support Dr. Kercheval is also a member of the perative that Congress address the needs of and educational resources for South Bay can- American Dental Association, the West Vir- local police officers who are fighting this new cer patients. ginia Dental Association, and the wave of crime on the front lines. I urge my col- The mission of Wellness Community, South Monongahela Dental Association, the IOOF, leagues to cosponsor my bill. Bay Cities is to help people with cancer fight and is a 32nd degree Mason and Shriner.

∑ 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. E1802 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 1999 Dr. Kercheval resides with his wife of 59 history is reflected often throughout the City HONORING STEPHEN JOSEPH years in Kingwood, WV and enjoys visits with and is a constant reminder of the wealth of MASTO, SANTA BARBARA CITY his daughter, Barbara Kercheval, his son Phra opportunity, which continues to grace the peo- FIREFIGHTER E. Kercheval, Jr., as well as from his three ple of Sacramento. grandchildren and five great-grandchildren. HON. LOIS CAPPS Mr. Speaker, it is indeed a privilege to pay f OF CALIFORNIA tribute to such an outstanding citizen as Dr. IN THE HOUSE OF REPRESENTATIVES Phra E. Kercheval, who has been an inspira- IN HONOR OF THE VERY REV- Wednesday, September 8, 1999 tion to so many other Americans, and I am EREND FATHER MIKHAIL ED- Mr. CAPPS. Mr. Speaker, I rise today with happy to have the opportunity to wish him WARD MIKHAIL, D. MIN many more happy years of fruitful life in his a heavy heart to honor the service and pay beloved state of West Virginia. tribute to Santa Barbara City Firefighter, Ste- f phen Joseph Masto who died in late August HON. DENNIS J. KUCINICH while helping battle a wildlife in Los Padres THE CITY OF SACRAMENTO CELE- OF OHIO National Forest. At the young age of 28, Stephen had al- BRATES THEIR 150TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES SARY ready devoted his career to public safety. Be- Wednesday, September 8, 1999 fore serving in the Santa Barbara City Fire De- HON. ROBERT T. MATSUI partment, he served as an apprentice fire- Mr. KUCINICH. Mr. Speaker, I rise today to fighter in the Brea fire Department in Orange OF CALIFORNIA honor the Very Reverend Father Mikhail E. Mi- County, as a reserve officer at fire depart- IN THE HOUSE OF REPRESENTATIVES khail, D. Min who celebrates the Silver Jubilee ments in Upland in San Bernardino County, Wednesday, September 8, 1999 of the Priestly Ordination for 25 years of serv- and Los Alamitos in Los Angeles County, and Mr. MATSUI. Mr. Speaker, it is my personal ice at the Saint Mark Coptic Orthodox Church as a volunteer disaster worker in Long Beach, honor and privilege to rise today and pay trib- of Cleveland. CA. Clearly, Stephen was committed to serv- ute to my State's Capitol, my Congressional ing the common good. The Very Rev. Fr. Mikhail E. Mikhail began In remembering Stephen, we can never district which I have served for the past 20 his service to God at a young age as a stu- years, and my home; the City of Sacramento repay him for his dedication, hard work, or ulti- dent of several Coptic Orthodox Church lead- on their 150th anniversary. mate sacrifice. Rather, we must honor him by ers in Cairo, Egypt. He excelled in his studies In January of 1848, James Marshal reached being especially mindful of the brave men and into the American River near Sacramento and and was fortunate to enter the Coptic Ortho- women firefighters he left behind to carry on retrieved a small nugget of gold. This dis- dox Theological Seminary in Caro which he the selfless work of protecting the lives and covery gave birth to California's gold rush and came under the patronage of his most influen- safety of their neighbors in times of need. Like provided a prosperous foundation for Sac- tial mentor, H. H. Pope Shenouda III, who was Stephen, these are true heroes in every sense ramento to thrive. the H.G. Shenouda, Bishop of the Christian of the word. At the confluence of the Sacramento and Education and Dean of the Seminary. I know that I speak for the entire community when I extend my most heartfelt condolences American Rivers, the City of Sacramento grew In 1972, the Very Rev. Fr. Mikhail, then to his family and loved ones who will miss quickly, cradled by the fertile land of the Cen- Deacon Mounier, graduated from the Semi- tral Valley. On August 1, 1849, Sacramento's Stephen terribly. We only hope that their warm nary and was assigned to serve at St. Mary memories of this heroic man will sustain them City Council convened for the first time and Coptic Orthodox Church in Masarra Shoubra began drafting the City Charter. On March 18, in this moment of grief. in Cairo. Shortly after, he became the first 1850, the City of Sacramento became the first f consecrated deacon to serve in the United incorporated city in the State of California. States at the St. Mary & St. Antonius in PROVIDING FOR CONSIDERATION Since that time, Sacramento has developed OF H.R. 2684, DEPARTMENTS OF a national and international reputation for Queens, New York. Only a year later, in 1974, he was called back to Cairo and on May 11, VETERANS AFFAIRS AND HOUS- progress and innovation. From its early days ING AND URBAN DEVELOPMENT, as the terminus for the Pony Express and the 1974 Deacon Mounir married Seham Samuel. On August 23, 1974 Deacon Mounier was or- AND INDEPENDENT AGENCIES Transcontinental Railroad, to its current seat APPROPRIATIONS ACT, 2000 of government for the nation's most populous dained the Priest Mikhail Edward Mikhail by H. state, Sacramento has embraced its destiny in H. Pope Shenouda III at St. Marks Cathedral. SPEECH OF defining the ever-changing face of California. In 1975, Fr. Mikhail and his wife arrived in HON. DEBBIE STABENOW Today, instead of Sacramento's riches com- Cleveland to begin his new ministry as the first ing from the surrounding hills of gold, our OF MICHIGAN resident pastor of the St. Mark Coptic Ortho- IN THE HOUSE OF REPRESENTATIVES riches come from the great wealth of people, dox Church. Here he served a community Thursday, August 5, 1999 culture and diversity. As the 7th largest city in which was about fifty families large as well as California, and the 38th largest city in the Na- other Coptic communities in Columbus, Day- Ms. STABENOW. Mr. Speaker, I rise this tion, we owe our prosperity to the men and ton and Cincinnati in Ohio; and Pittsburgh evening to oppose the rule for H.R. 2684, a women who have sacrificed and dedicated Pennsylvania and Minneapolis-St. Paul, Min- bill making appropriations for the VA±HUD their lives to the social and economic strength and Independent Agencies for Fiscal Year nesota. of our City. 2000, which does not allow a vote on the Ed- Spanish explorer Gabriel Moraga bestowed Fr. Mikhail took the lead in the building of a wards/Stabenow/Evans amendment. upon our City the name Sacramento, meaning new church in Cleveland in the traditional Mr. Speaker, this amendment would have holy covenant with God. As the City of Sac- Coptic style which officially opened in 1988. added $730 million to Veterans Health Care. ramento begins its 150th anniversary, I en- The Very Rev. Fr. Mikhail has dedicated his The VA estimates that the adoption of our courage the people of Sacramento to make a life in the past 25 years to the spiritual growth amendment would have allowed an additional personal covenant with each other, to honor and enhancement of the Coptic community in 140,000 veterans to receive the health care our history, respect our diversity, and chal- Cleveland. As a result of his guidance there they need. Instead, this budget continues the lenge us all to ensure a prosperous future. has been a revived interest in true Coptic Or- under funding of critical medical care for those This evening, the City of Sacramento will thodox religious practices that have brought who have served our country in the armed begin a yearlong celebration of its 150th anni- people closer to God. As a father, a teacher, services. versary at a special City Council meeting at and friend, the Very Rev. Fr. Mikhail has been Today, there are 20,000 fewer VA medical City Hall. As a former member of the City staff then there were just 5 years ago. What a blessing to the Coptic community both in Council, I would like to personally congratulate does this mean for our veterans? Due to these Cleveland and abroad. the Mayor and the City Council for achieving staffing shortages, a veteran in Tennessee such an honorable milestone. My Fellow colleagues, join me in honoring with multiple sclerosis was forced to wait 4 Mr. Speaker, I ask my colleagues to join me the Very Rev. Fr. Mikhail, a man who has months to be seen by a doctor. Others have in congratulating the City of Sacramento on dedicated his life to God, freedom and the been forced to travel over 300 miles just to re- their 150th anniversary. Sacramento's golden well-being of all people. ceive x-rays. And there are more examples of CONGRESSIONAL RECORD — Extensions of Remarks E1803 the problems facing the Veterans Health Care IN HONOR OF MARGARET W. WONG A TRIBUTE TO TERRENCE STARR System. In my own state of Michigan, a dis- abled Korean veteran experiencing fainting spells and no appetite was not able to receive HON. DENNIS J. KUCINICH HON. GEORGE MILLER treatment at either a VA inpatient or outpatient OF OHIO OF CALIFORNIA facility. In less than a week this man collapsed IN THE HOUSE OF REPRESENTATIVES and was pronounced dead of septic shock and IN THE HOUSE OF REPRESENTATIVES pneumonia. These were qualified facilities that Wednesday, September 8, 1999 Wednesday, September 8, 1999 did not have the staff to help this man. Mr. KUCINICH. Mr. Speaker, I rise today to Mr. Speaker, I would like to share with you honor an exceptional woman, Ms. Margaret Mr. GEORGE MILLER of California Mr. a letter that I received in my office that I feel W. Wong. Today, Ms. Margaret W. Wong is Speaker, I rise today to recognize and pay accurately explains the situation our veterans the recipient of the Belle Sherwin Democracy tribute to an outstanding public servant, Mr. are facing today. Julianna Smith, the wife of in Action Award. Terrence Starr, on the occasion of his retire- Vietnam veteran John Smith of Milan, MI, told The Belle Sherwin Democracy in Action ment as Chief Probation Officer with the me she continued to have problems getting Award is awarded annually by the league of Contra Costa County Probation Department. adequate medical care for her husband who is Women Voters of Cleveland, Ohio. Ms. Mar- Mr. Starr began his probation career in San disabled and requires 24 hour care. She was garet W. Wong reflects and upholds the goals Diego County where he worked for 29 years very upset about the effects that further cuts of the league through her dedication to serving in various capacities, including superintendent to the VA medical system would have on her others and furthering the quality of our Cleve- of juvenile hall and superintendent of various and her husband. She wrote, land community. She is a civic leader and camp facilities. He served as Chief Probation My husband fought a war overseas, and was committed to helping immigrants and those in Officer of Shasta County from 1990 to 1995, then shunned and spit upon by fellow Ameri- need through her work in immigration and nat- and assumed the position of Chief Probation cans once he returned stateside. He paid his uralization law. Officer of Contra Costa County in November taxes to the government just like everyone Ms. Margaret W. Wong is an admirable else, and he gave part of his life to that same of 1995. member of our community. I ask you to join government that now wants nothing to do Terry Starr's tenure in Contra Costa County me in acknowledging her accomplishments with him. has been brief, but incredibly effective. Over and honoring her for receiving the Belle Sher- the past four years he has successfully led the Mr. Speaker, our veterans deserve better. win Democracy in Action Award. They kept their promises to us. It's time for effort to secure funding for a badly needed our country to keep our promises to them. I f new juvenile hall facility which is expected to urge my colleagues to vote no on this rule, be completed in 2003. He expanded the Orin and provide the health care our nation's heros TRIBUTE TO JOHN FOLLIT Allen Youth Rehabilitation Facility, the local deserve. county-run boys' camp, by 26 beds, and was instrumental in opening the Summit Center. HON. RICHARD E. NEAL f The 25 bed Summit Center, which is an in- OF MASSACHUSETTS novative example of successful interagency TRIBUTE TO JAMES C. LESTER IN THE HOUSE OF REPRESENTATIVES coordination and cooperation, is staffed and run by the country's probation, mental health Wednesday, September 8, 1999 and education departments, and offers treat- HON. STEVEN T. KUYKENDALL Mr. NEAL of Massachusetts. Mr. Speaker, I ment and assistance to young male offenders OF CALIFORNIA rise today to pay tribute to one of the Second who are struggling with serious emotional dif- Congressional District of Massachusetts' out- ficulties. Mr. Starr has most recently devel- IN THE HOUSE OF REPRESENTATIVES standing and dedicated citizens, Mr. John oped a 20 bed specialized treatment facility Wednesday, September 8, 1999 Follit. John is being honored today by his fel- and program for girls, which is comparable to low citizens at the Italian American Veterans the Summit Center for boys. The Chris Adams Mr. KUYKENDALL. Mr. Speaker, I rise Post No. 64 of East Longmeadow, MA. It is an Girls' Center is slated to open in December today to honor James C. Lester, a pioneer in honor for me to join in this recognition of 1999. Mr. Starr has been instrumental in se- the health care industry in my district. For the someone who has contributed a great deal to curing numerous grants from both the state last 32 years, Jim Lester has dedicated him- our community. and federal government to place probation of- self to providing quality care to the residents John Follit has served the East Long- ficers in high schools through out Contra of the South Bay. For 27 of those years Jim meadow community through his work with the Costa County and to provide much needed has been closely associated with the Little Office of Children and his advocacy for chil- treatment services for girls. Company of Mary Hospital organization. dren in the State. He has been active in poli- The leadership abilities Mr. Starr possesses Jim joined the Little Company of Mary Hos- tics by serving as chairman of East are extraordinary. They have been dem- Longmeadow's Democratic Town Committee, pital in 1967. Now, as Jim Lester retires as onstrated by his successful term as President and he has helped many political candidates president and CEO of the Little Company of of the California Probation, Parole, and Cor- by planning campaign strategies in local, Mary Health Services, he leaves a first class rectional Association and his appointment by integrated health care delivery system. What state, and national campaigns. John has also Governor Pete Wilson to serve for several was once a stand-alone facility is now three been a union steward and has been a cham- years on the Board of Corrections, rep- hospitals, three skilled nursing facilities, three pion of democratic principles in whatever he resenting the Chief Probation Officers of Cali- diagnostic centers, four walk-in urgent care does. fornia. centers, a large regional home care service, a Beyond his work in the community, John chemical dependency recovery center, mul- has put so much energy into his family life. He Terry Starr is a hardworking, highly prin- tiple physician sites, a mobile pediatric care is a loving husband to his wife, Laurie, and a cipled individual who is a committed and effec- van and three fundraising foundations. It was great father to his three children. John and his tive advocate for children. Indeed, he has de- Jim who had the vision and initiative to make family have demonstrated their generosity in voted his life to helping those most in need the Little Company of Mary Health Services many ways, including bringing a foster child and has made an immeasurable difference in the organization that it is today. into their care. John Follit is a leading citizen the lives of so many children and their fami- Because of Jim Lester, the Little Company and is dedicated in everything he does. lies. He is well-liked and respected by his of Mary Health Services is poised to enter the My best wishes go out to John Follit and his staff, friends, and colleagues and will be sore- 21st century as a leading member of the family as, together, they now face the many ly missed by all. health care industry. I commend Jim Lester for related challenges to his health. My thoughts It is with great pleasure, albeit with a meas- his loyalty and dedication to providing such and prayers are with them all. John Follit has ure of regret, that I congratulate Terry Starr outstanding health care to the residents of the done so much for so many that it is a privilege upon his retirement. I wish him a long, happy, greater South Bay. We are grateful for his to honor and pay tribute to him on this special and healthy retirement enjoying the animals contributions to the community. day. and outdoors he so loves. E1804 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 1999 PROVIDING FOR CONSIDERATION ed cuts for years, and possibly decades to the surplus that it leaves with the taxpayer. OF H.R. 2684, DEPARTMENTS OF come. Makes one worry about what he has in mind VETERANS AFFAIRS AND HOUS- The $1 billion decrease to the NASA budget for federal spending. Is he thinking about more ING AND URBAN DEVELOPMENT, is the largest cut since the end of the Apollo and bigger government programs? AND INDEPENDENT AGENCIES program! Several programs have been se- Mr. Speaker, American taxpayers have APPROPRIATIONS ACT, 2000 verely reduced or zeroed out, which virtually been paying and paying and paying. The typ- guarantees their termination. This bill cancels ical American family pays more in taxes than SPEECH OF funding for the Space Infrared Telescope Fa- on food, clothing and shelter combined. Our HON. MICHAEL E. CAPUANO cility, and decreases funding for the Explorer tax burden from all government is the highest since we were financing a world war in the OF MASSACHUSETTS program, Discovery program, and Mars mis- 40s. In fact, without this tax relief bill, the aver- IN THE HOUSE OF REPRESENTATIVES sions support funding for research and tech- nology for space science. At the same time, age American household will pay $5,307 more Thursday, August 5, 1999 there are $122 million in non-requested ear- in taxes over the next 10 years than the gov- Mr. CAPUANO. Mr. Speaker, I rise in strong marks within the bill. Existence of these ear- ernment needs to operate. opposition to the Rule for the VA±HUD and marks worsens the impact of reductions to We have a good economy; unemployment Independent Agencies Appropriations bill. This higher priority programs. is at record lows. We don't need more govern- bill makes significant cuts in critical housing By limiting funds, NASA will be forced to ment. We do need to scrutinize programs and initiatives and will have a devastating effect on make drastic administrative cuts in ten of its divert dollars from ineffective and wasteful pro- basic scientific research in this country. centers and will be forced to close at least two grams to areas that need additional funding. This legislation is a string of broken prom- centers. No doubt this will translate into sev- But we don't need to increase the size of gov- isesÐpromises to provide for those who need eral employees being laid off. By decreasing ernment. a place to live, promises to invest in research NASA funds, we will ensure the delay in de- Individuals have the right to choose how to and development, and promises to provide velopment of the Crew Return Vehicle (CRV) spend their money. They can choose to tutor quality health care for our veterans. The bill which will subsequently setback the timetable their kids, or replace a furnace or air condi- reported by the Appropriations Committee cuts when crew can board the ISS. tioner, or help an elderly parent, or support a funding for housing programs, cuts funding for Mr. Speaker, to make a long story short, favorite charity, or even save it for their own basic research and NASA, and does not pro- this is a bad bill. It's bad for science; it's bad retirement. They shouldn't have it taken from vide adequate funding for Veterans' health for Veterans; it's bad for working class fami- their paycheck before they even see it so that care. lies; it's bad for middle class families; and it's government can use it to fund yet another pro- Last year, Congress authorized 100,000 bad for seniors. I strongly urge my colleagues gram. new Section 8 rental vouchers to help families to defeat the rule and oppose this bill in its One administration official called these tax- with worst-case housing needs, people who current form. payers selfish. pay more than half their income in rent every f I call the groups who want to spend more of month. This bill provides no new funding for the taxpayers' money selfish. this voucher program, denying 100,000 Ameri- CONFERENCE REPORT ON H.R. 2488, I urge my colleagues to vote for this bill. cans affordable housing opportunities. TAXPAYER REFUND AND RELIEF Let's return a small share of the surplus to the The bill cuts $250 million in funding from the ACT OF 1999 taxpayers. It belongs to them. Community Development Block Grant pro- f SPEECH OF gram. Cities and towns across America will be THE NATIONWIDE GUN BUYBACK unable to use these funds to create new jobs, HON. JIM KOLBE ACT OF 1999 invest in new housing opportunities, and revi- OF ARIZONA talize neighborhoods. In addition, the Com- IN THE HOUSE OF REPRESENTATIVES HON. ELEANOR HOLMES NORTON mittee cut $20 million from the HOME invest- OF THE DISTRICT OF COLUMBIA ment partnership program, $10 million of Thursday, August 5, 1999 IN THE HOUSE OF REPRESENTATIVES which is targeted at providing counseling serv- Mr. KOLBE. Mr. Speaker, I rise with pride to ices to first-time homebuyers. support the conference report on H.R. 2488, Wednesday, September 8, 1999 The Committee also cuts funding for the which provides a sizable tax cut for the Amer- Ms. NORTON. Mr. Speaker, today I intro- most vulnerable AmericansÐthe homeless. It ican taxpayers. I am proud to give taxpayers duce the Nationwide Gun Buyback Act of is estimated that more than 600,000 people back their money the federal government 1999 (NGBA), providing federal funds to local are living in shelters and on the streets of this doesn't need. That's right; the federal govern- jurisdictions to engage in gun buyback pro- country. Many are families, children, veterans, ment doesn't need it. Surplus means the grams like the successful program conducted and victims of domestic violence. Despite the amount in excess of what we spend. And the by the District of Columbia last month. Under overwhelming need for more shelter beds and federal government has and will have all it the bill, funds would be distributed through the supportive services for the homeless, this bill needs plus enough to reform Social Security Justice Department after evaluation of pro- cuts additional funding from the Homeless As- and Medicare and start paying down the debt, posals, and added weight would be given to sistance grant program. and still leave a small amount to return to the jurisdictions with the greatest incidence of gun Mr. Speaker, taking care of Veterans who folks who are sending their hard-earned dol- violence. The NGBA would require that a juris- bravely served our country should be one of lars to Washington, DC. diction certify that it is capable of destroying Congress's top priorities. After reviewing this Within hours of the announcement of the the guns within 30 days, that it can conduct legislation, it is quite clear that Republicans do conference agreement, my office began re- the program safely, and that an amnesty ap- not believe this to be true. While this bill pro- ceiving letters from groups opposing this tax propriate for the jurisdiction will be offered. Not vides an addition $1.7 billion for Veterans cut. And what are they saying? Don't give the only individuals, but groups such as gangs Medical Health Care, it falls far short of the $3 money back; spend more money on my pro- could take advantage of the buyback provi- billion increase necessary to ensure our na- gram. sions to encourage street gangs to disarm tion's veterans with adequate healthcare. The Minority Leader suggests that the themselves. Without this additional funding, Veteran Health amount we're giving back is too much; that we This bill is necessary because, despite the Care centers across the country will be forced have to save the surplus so we have money extraordinary demonstrated success of the to make even greater cuts in existing pro- available for entitlement reform. gun buyback program in the District, local ju- grams and will be prohibited from imple- Didn't he hear that we're using $3 to save risdictions have no readily available funds for menting additional programs. Social Security and Medicare, to fund pro- similar programs. The District was forced to NASA and NSF have also taken a huge hit grams and to pay down the debt, for each $1 find money on an ad hoc basis and ran out of in this bill. By cutting $1 billion from the NASA we are giving back to the taxpayers? funds despite many residents who still desired program and $275 million from NSF, the President Clinton says he'll talk about giving to turn in guns. Initially, the District conducted science community has been dealt a serious a tax cut after we provide for Medicare, debt a pilot program using funds from the Depart- blow. It is tragic that a country which prides reduction and federal spending. ment of Housing and Urban Development. itself on being number one in space explo- Didn't he hear? This bill gives $3 of the sur- Confronted with long lines of residents, the ration and the technological advances will suf- plus to Social Security, Medicare, government Police Department then took the program city- fer the devastating effects of these short-sight- programs, and debt reduction for every $1 of wide, using drug asset forfeiture funds. Even CONGRESSIONAL RECORD — Extensions of Remarks E1805 so, after using $290,000, the city ran out of Elected in 1987, the new mayor entered his pursuing this policy, we have seen some funds, but not of guns that could have been office in city hall to find it empty, save a bro- progress in areas of freedom of speech and collected. The guns were a ``good buy'' but ken desk chair. Stan immediately went about worship, but clearly not enough. China has hard-pressed jurisdictions, especially big cities, restoring order to Berea's house. The Mayor's also played a role in trying to diffuse tensions should not have to rob Peter to pay Paul when first step was to develop the city economically. between the United States and North Korea. it comes to public safety. The federal govern- The Mayor's efforts translated into Berea's However, lately it appears our investment in ment can play a unique and noncontroversial being the site of the Cleveland Browns' head- this policy is yielding ever diminishing returns. role in reducing gun violence by providing the quarters. Under Stan's leadership, Berea be- China continues to violate numerous bilat- small amount authorized by my bill, $50 mil- came not only a city in which to live, but a city eral trade agreements, imprisons citizens for lion, to encourage buybacks efforts where they in which to work. His promotion of the city's in- their political views and religious affiliations, can be helpful. dustrial corridor has brought over 4,000 jobs uses prison labor in manufacturing and per- The District's gun buyback leadership needs to Berea. forms forced abortions. A startling new devel- to be taken nationwide because the nation's While the city's business sector has ex- opment is China's espionage effort to steal our capital has successfully demonstrated a faster panded, Berea has remained a community of nuclear weapons secrets, its aggressive pos- and easier way to get guns where criminals families. Berea is a city that takes care of its ture toward Taiwan, and its transfer of missile cannot use them and children and adults can- children. Berea public schools form one of the technology to rougue nations around the not misuse them. Gun buyback efforts are not most respected systems in my state. Mayor globe. new, but the recent, dramatic impact of the Trupo's youth diversion program provides I decided to give our Nation's current policy District's program has special bi-partisan and guidance to at-risk kids. Trupo projects like the one last chance to achieve the goal we all natural appeal today because the program is Berea Recreation Center well represent the share: encouraging China to become a re- voluntary and requires no change in local city's rich community life. The Cuyahoga sponsible member of the world community. laws. My bill has the added feature of skirting County Fairgrounds host the county's huge However, I want to be clear that my patience the present stalemate in the Congress, where annual fair. Berea Summer Theater entertains is wearing thin with the actions of the Chinese we have yet to pass a gun safety bill. A gun crowds at Baldwin Wallace College. With the regime. I hereby give notice that I will not vote buyback bill is certainly no substitute for gun return of the Browns, parents and children will for NTR again unless I see a fundamental shift safety legislation, but my bill is based on dem- once again line practice fields, watching their in China's trade, proliferation, and human onstrated and successful experience in a num- gridiron heroes preparing for the coming sea- rights policies. ber of cities that have achieved voluntary com- son. It is Mayor Trupo's success in moderating I believe that our country's policy of engage- pliance by citizens with local laws. Berea's economic development as a city on ment has been the right one. And again, I feel Families, and especially mothers, have the move and his hard work to maintain long- that there are signs that progress has been feared guns in their homes, but have not standing community traditions that has led to made. However, we cannot wait forever while known how to get rid of them. In most jurisdic- Berea's being named as a White House Mil- China continues to take one step forward fol- tions, a grandmother petrified that there is a lennium City. lowed by two steps back. We must constantly gun in the house cannot turn it in without sub- Mayor Trupo's work does not end at Berea's re-evaluate whether our NTR policy is indeed jecting herself or her grandson to prosecution. borderline. Stan has also served as a trustee providing a catalyst for change, or whether it This dangerous unintended result of gun safe- on the board of Regional Transit Authority. is merely providing cover for a bully. Unless ty legislation is reason enough for gun Stan's time on the board has been marked by clear improvements are seen, I will no longer buyback efforts. an expansion period during which Cleveland- be able to look favorably on most-favored-na- Like tax amnesty, gun amnesty temporarily area residents have enjoyed a better level of tion status for China. puts a premium on the ultimate goal. When service than ever before. A White House ap- f the goal is taxes, the government puts a pre- pointment added a seat on board of the Fed- A TRIBUTE TO TONY GYWNN mium on getting the amount owned. When the eral Home and Loan Bank of Cincinnati to goal is guns, the premium is on getting deadly Mayor Trupo's long list of responsibilities. The HON. RANDY ‘‘DUKE’’ CUNNINGHAM weapons off the streets and out of people's tireless Mayor Trupo served in each capacity homes. OF CALIFORNIA with characteristic resolve. IN THE HOUSE OF REPRESENTATIVES The Columbine teen massacre, the Jewish I wish to thank Mayor Trupo for his out- Community Center shootings, and the Chicago standing service and ask my fellow colleagues Wednesday, September 8, 1999 area ethnic killings have come together with to join me in wishing Mayor Trupo all the best Mr. CUNNINGHAM. Mr. Speaker, I rise the urban gun violence that has plagued cities as he moves on to new endeavors. today to introduce a resolution to congratulate for years. The result is an American con- f and commend my constituent from Poway, sensus for multiple approaches to fight the California: Tony Gwynn of the San Diego Pa- gun culture. The extraordinary success of the DISAPPROVING EXTENSION OF dres, for his achievements on and off the field. buyback programs in the District and around NONDISCRIMINATORY TREAT- Mr. Speaker, on August 6, 1999, Tony the country has shown that these programs MENT TO PRODUCTS OF PEO- Gwynn hit the 3,000th base hit of his career. should now be made readily available to juris- PLE’S REPUBLIC OF CHINA As many baseball fans know, this was not an dictions that desire to use them. easy accomplishment. In the history of Major In a market economy, efforts to buy back SPEECH OF League Baseball, only 22 other ball-players trouble have special appeal. We may disagree HON. JOHN ELIAS BALDACCI have hit 3,000 or more base hits. This on the various approach as to gun violence, OF MAINE achievement places Tony Gwynn in the pan- but Democrats and Republicans alike can IN THE HOUSE OF REPRESENTATIVES theon of baseball legends including: Roberto agree to this sensible approach. Clemente, Lou Brock, and Hank Aaron. I urge my colleagues to support this vital Tuesday, July 27, 1999 In 18 seasons, all with the San Diego Pa- legislation. Mr. BALDACCI. Mr. Speaker, today I voted dres, Tony Gwynn has been the master of f to extend Normal Trading Relations to the putting the ball into play. In the Padres' 1998 IN HONOR OF MAYOR STANLEY J. People's Republic of China for another year. I National League Championship season, Tony TRUPO cast this vote reluctantly after much consider- had almost as many home runs as strikeouts, ation. and struck out looking only three times. His Our Nation's relationship with China is one hands are lightning-quick and he's able to wait HON. DENNIS J. KUCINICH of the most critical issues facing us in the until the last millisecond before connecting OF OHIO post-cold-war era. This relationship impacts with the ball wherever it is pitched. He goes IN THE HOUSE OF REPRESENTATIVES three critical areas: Human rights for the Chi- after the first good pitch he sees and almost Wednesday, September 8, 1999 nese people; our national security interests in always hits it, so he rarely walks. And Tony is Mr. KUCINICH. Mr. Speaker, I rise today to the Asian-Pacific region; and the jobs of work- renowned for his ability to hit balls through the honor Mayor Stanley J. Trupo of Berea, Ohio, ing Americans. left side of the infield. who recently announced his retirement after As a nation, we have continued to reaffirm Tony has batted over .300 in 17 of those 12 years of dedicated public service. a policy of engagement with China in the hope seasons and in the strike-shortened season of Mayor Trupo inherited a city without a stra- that continued economic ties will span the po- 1994, batted an amazing .394. His career bat- tegic visionÐand an office without furniture. litical and cultural differences that divide us. In ting average is an astounding .338. E1806 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 1999 Furthermore, off the baseball diamond, Tony ability to choose whom they will insure. The insurance via market-oriented solutions that has been a tremendous asset to the San regulations, require guaranteed issue and re- do not involve increased government finan- Diego community. Tony, along with his wife newal of policies, portability of coverage cial obligations. States have assets they can across carriers, and limited to preexisting trade upon to force competition in an ex- Alicia, have given their time and effort in phil- condition exclusions. (2) To encourage in- panded individual insurance market—a fac- anthropic efforts. He doesn't like to talk about demnity insurance companies and managed tor that should be of greater importance in his community efforts, but the Gwynn's are in- care organizations (hereafter collectively re- states’ strategies for increasing access to volved in more than two dozen organiza- ferred to as carriers) to enter the market, all health insurance. tionsÐSan Diego Police Athletic Leagues, carriers selling health insurance in New Jer- Sickle Cell Anemia Foundation, Padres Schol- sey must either offer policies in the indi- vidual market or share in the losses of car- f ars, the Casa de Amparo, Neighborhood riers that do sell policies and incur losses. (3) House, the Jackie Robinson Family YMCA to To give consumers more leverage in the mar- IN HONOR OF SAINT EDWARD name a fewÐthat benefit from his time, atten- ket, carriers in the market may only sell up HIGH SCHOOL tion and money. to six types of policies with standardized In 1998, Tony led all Padres players in com- benefit packages, a standardization that fa- munity appearances and joined seven-time cilitates comparisons by consumers. HON. DENNIS J. KUCINICH (4) To extend access to higher-risk persons, American League batting champion Rod OF OHIO the state required carriers to use pure com- Carew for a historic youth batting clinic in munity rating in setting premiums for the IN THE HOUSE OF REPRESENTATIVES Culiacin, Mexico, in March 1998. In addition, standardized policies; age-rating bands or Wednesday, September 8, 1999 Tony was named the Individual of the Year at variations in premiums based on where a the 1998 Equal Opportunity Awards Dinner. person resides in the state are not permitted. Mr. KUCINICH. Mr. Speaker, I rise to honor He also was the 1995 Branch Rickey Award In setting premiums, carriers also are re- the faculty, staff, and students, past and winner, and 1998 Padres Nominee for Major quired to meet a minimum loss ratio, so that present, of Saint Edward High School as they League Baseball's Roberto Clemente Man of at least 75 percent of premiums are used for provision of services. However, carriers do celebrate the fiftieth anniversary of the the Year Award. not have to seek approval from a state agen- school's founding. These days kids, children often must pay to cy for any changes in premiums that they The story of Saint Edward High School is get a professional athletes' autograph, picture, might want to implement, which we discuss one of community. Three Brothers of the Holy or signed memorabilia. Tony Gwynn has no in more detail below. (5) To implement the Cross opened the new school in 1949 with a part of this. Tony stays late at events to sign IHCP and monitor industry compliance with mission of providing outstanding Catholic edu- the regulations, the authorizing legislation autographs; he's nice to young people; he's cation to the young men of Cleveland's West nice to everybody. I hope my colleagues will called for oversight by a board, which runs the program independently of the New Jer- Side. The Brothers of the Holy Cross recog- join me in honoring this tremendous individual sey Department of Banking and Insurance. nize community as an invaluable resource to for his multitude of accomplishments. Four of the nine board members are rep- the individual, one from which valuable les- Also, I want to thank my former staff mem- resentatives of carriers and elected by the sons of self and God are drawn. The school bers, Jeannette Shields and Chris Hayes for companies. that they built would reflect this awareness of their work in drafting this resolution. New Jersey’s reforms are remarkable, par- the human family's interconnectedness. f ticularly today, when states are assumed to have little power to bargain with corpora- The story of Saint Edward High School is HELP FOR THE UNINSURED: THE tions. In recent years mutual fund firms, one of tradition. The schools's tradition is one LESSONS FROM NEW JERSEY: automobile factories, professional baseball of excellence based in common values arrived WHY H.R. 2185 SHOULD BE EN- teams, and many other corporations have ex- at through honest contemplation. Saint Ed- tracted large government concessions by ACTED ward men confront the same questions that threatening to move elsewhere. Yet New Jer- every human being with an honest thirst for sey imposed major regulations and risk shar- ing on health insurers, with major carriers justice and peace must confront. That they ar- HON. FORTNEY PETE STARK rive at similar conclusions lends only more OF CALIFORNIA taking a leadership role in the process. Additional efforts are needed to increase credence to the school's core of beliefs. The IN THE HOUSE OF REPRESENTATIVES coverage. Even a well-functioning individual values have stood the test of time and so has Wednesday, September 8, 1999 health insurance market has limits on what Saint Edward High School. Saint Edward men it can accomplish. The IHCP did not dra- Mr. STARK. Mr. Speaker, the July/August are not committed to doing justice because matically raise the number of New Jersey that is their reputation. Saint Edward men are 1999 issue of Health Affairs contained an in- residents with individual coverage. Surely teresting article entitled, ``Hidden Assets: one reason more people have not purchased committed to doing justice because, by virtue Health Insurance Reform in New Jersey,'' by policies is that the premiums are not afford- of an honest, open, and on-going investigation Harvard professor, Katherine Swartz, and able for those with low incomes. The various into how life is to be lived, the way of love Brandeis professor, Deborah Garnick. congressional proposals to provide tax deduc- seems the only rational approach. The information in the article strongly sup- tions or credits might induce some people to The story of Saint Edward High School is purchase individual policies who otherwise one of family. Saint Edward students tend to ports passage of H.R. 2185Ða bill which would not, but for people with low incomes, gives people a refundable tax credit to buy in- other efforts will be needed. The federal beget Saint Edward students, generation after dividual health insurance through a commu- Earned Income Tax Credit offers a model of generation of families growing up amongst the nity-rated, guaranteed-issue insurance pool. how the federal government could issue a tax same faculty, the same staffÐa growing com- The article describes how, because of the credit that provides money during the year munity that never forgets what it is, what it collapse of the major individual insurer in New for the purchase of insurance. Such an was, and the values that have allowed for its Jersey in 1993, the State came up with an In- ‘‘earned insurance tax credit’’ also would progress. It comes as little surprise, then, that dividual Health Coverage Program (IHCP). help to bring in younger workers, who typi- a listing of the school's achievements sounds cally earn low salaries, and thereby increase The key reforms of the IHCP are described the proportion of healthy persons in each so much like what proud parents might say of below. The article concludes with the observa- carrier’s individual plans. their childrenÐthe school possessing a self- tion that the reforms themselves have not Similarly, if the tax code were revised and less enthusiasm for its student's achieve- done much to help reduce the number of unin- incentives for employer-sponsored coverage ments. Indeed, Saint Edward High School has sured, because the cost of insurance is still were replaced by tax credits for individuals much reason to be enthusiastic. St. Edward too high for the working poor who constitute purchasing insurance, large numbers of peo- men's excellence in the classroom transfers ple would enter the individual markets. The the bulk of the uninsured. But, says the article, result would be a sharp increase in the pro- on to the playing field. The St. Edward Wres- if the New Jersey reforms were accompanied portion of healthy persons in the individual tling, Basketball, and Baseball teams delivered by a refundable tax credit system, it could markets. Either of these tax-induced in- Ohio High School State Championships in make a major difference. creases in the proportion of healthy persons 1998. Whether it be debate or band, Latin or What they are describing, Mr. Speaker, is with individual coverage would lower the ex- chess, St. Edward students consistently prove H.R. 2185. pected expenditures per insured person. Com- to be the best amongst their peers. petition among carriers in this expanded OVERVIEW OF THE REFORMS market then would increase, keeping pre- My fellow colleagues, I ask you to join me The IHCP reforms forced changes in five miums close to costs. in wishing the best to the community of St. areas. (1) To broaden the size of the potential New Jersey’s IHCP is a model for other Edward High School as it celebrates the market, insurers are sharply limited in their states wishing to increase access to health school's first fifty years in existence. CONGRESSIONAL RECORD — Extensions of Remarks E1807 TRIBUTE TO MAYOR EDWARD not for the compilation of useless accounting Lebanon Hospital Center, the first family- QUAGLIA statements, but for the promotion of universal based practice clinic was opened in Crotona service and other consumer benefits, such as Park West. In 1994, in concert with Montefiore HON. DAVID D. PHELPS lower prices, better services, an investment in Hospital, a second family-based practice was OF ILLINOIS advanced technologies and investment in out- opened in West Farms. Mr. Speaker, the contributions and accom- IN THE HOUSE OF REPRESENTATIVES of-region facilities with which to offer competi- tive telecommunications services. plishments of Mr. MeÂndez in the field of Wednesday, September 8, 1999 The old accounting requirement was for the human services, social policy and community Mr. PHELPS. Mr. Speaker, I rise today to purpose of giving the Commission the informa- development have been widely cited in the pay tribute to Mayor Edward Quaglia of Herrin, tion it needed for oversight of the rate-of-re- New York Times, New York Magazine, the Illinois. Mayor Quaglia served the people and turn regulation that was employed for all com- Amsterdam News, the Washington Post as city of Herrin faithfully for more than 20 years; panies prior to 1991. well as many other publications. seven of those years as an alderman on the But in 1991, the large companies became Before joining Phipps, Mr. MeÂndez held sev- City Council, and for 15 years as mayor. This subject to price caps and were no longer sub- eral senior executive level positions at the year, on May 31, Mayor Quaglia retired as ject to rate-of-return regulation. The account- New York City Human Resources Administra- Mayor due to health concerns. In honor of his ing requirement as to these price-cap compa- tion, among them as Deputy Commissioner retirement, the City of Herrin, the City Council nies no longer has any purpose, and the Tau- from 1988 to 1990. Mr. MeÂndez was respon- of Herrin, Mayor Victor Ritter, and City Clerk zin-Dingell amendment would assure that it no sible for the shelter of 12,000 homeless men Marlene Simpson have proclaimed July 18, longer applies. and women, 4,000 prospective service for 1999 as ``Mayor Edward Quaglia Day.'' The monies spent on these needless ac- adults cases and 168 senior citizen centers. In Mr. Speaker, Mayor Quaglia will be long re- counting reports can then be put to more pro- 1995 he was appointed to a four-year term as membered by the good people of the City of ductive purposes. I strongly urge the approval commissioner of the New York City Equal Em- Herrin, southern Illinois, and the entire State of the Tauzin-Dingell amendment. ployment Practices Commission. He had for his determined dedication to making Herrin f served as special advisor to President Carter a better place to live and to raise a family. on the Atlanta Project and to the United States TRIBUTE TO MANUEL (MANNY) Mayor Quaglia will not only be remembered Catholic Conference of Bishops in Wash- ME´ NDEZ for his numerous achievements including im- ington, D.C. and was an assistant professor at proving the city's infrastructure, and his hard ´ the Fordham University Graduate School of work on development and construction of the HON. JOSE E. SERRANO Social Services. He is a sponsor of the One Civic Center, the Annual Mayor's Community- OF NEW YORK Hundred Black Men's Youth Leadership Pro- wide Thanksgiving Dinner, the High School IN THE HOUSE OF REPRESENTATIVES gram and former president of the Puerto Rican Family Institute, a National Mental Health Or- Sport's Complex, and planning the city's pre- Wednesday, September 8, 1999 mier annual event, Herrinfesta Italiana, but ganization. Mr. MeÂndez is presently a trustee most importantly for his compassionate and Mr. SERRANO. Mr. Speaker, I rise today to and serves on the Executive Committee as straightforward leadership style. He always pay tribute to Mr. Manuel (Manny) MeÂndez, an assistant treasurer of Bronx Lebanon Hospital, gave all he had for a good cause and put the outstanding individual who has devoted his life a board member of the Association of His- welfare of the citizens and City of Herrin first. to his family and to serving the community. panic Arts, chairman of the New York City When speaking of Mayor Quaglia, it is impos- Mr. MeÂndez who left Phipps Community De- Human Resources Administration Advisory sible not to mention his family, which is so im- velopment Corporation on Wednesday, August Board and a trustee of the Primary Care De- portant to him. His wife, JoAnne, has always 4, 1999 after 10 brilliant years his post as ex- velopment Corporation.  stood by his side and been the light of his life. ecutive director/chief executor officer. Mr. Mendez is a graduate of City College of  He has five loving children and four beautiful Mr. Mendez is a community builder to cre- New York and the Fordham University Grad- grandchildren. ating and sustaining enduring communities. uate School of Social Services. He is a native I know that Mayor Quaglia will be sorely He is the principal administrator of the Phipps of the Bronx, he and his wife, Joan, presently missed by all of Herrin in his retirement. But Community Development Corporation which is reside in the upper Westside of Manhattan. Mr. Speaker, I ask my colleagues to join me it is a retirement well earned, and one that I an affiliate corporation of Phipps Houses, New in wishing best of luck to Mr. Manuel (Manny) am sure that Edward Quaglia and his family York's oldest and largest nonprofit developer/ A. MeÂndez in his new endeavors. and friends will enjoy with him to the fullest. owner of housing for low and moderate in- f Mr. Speaker, I encourage all my fellow Mem- come families. Founded in 1905 Phipps Houses provides secure and well-designed bers to share in my wish to extend Mayor TRIBUTE TO COLONEL WILLIAM F. housing for the working poor and other needy Quaglia a long, healthy, and happy retirement HINES along with God's Speed. families.  f Mr. Speaker, Mr. Mendez's primary focus is on the management, design, implementation HON. SCOTT McINNIS DEPARTMENTS OF COMMERCE, and community development of seven residen- OF COLORADO JUSTICE, AND STATE, THE JUDI- tial communities throughout New York City, IN THE HOUSE OF REPRESENTATIVES CIARY, AND RELATED AGENCIES providing homes to 14,000 individuals. The Wednesday, September 8, 1999 APPROPRIATIONS ACT, 2000 communities are West Farms and Crotona Mr. McINNIS. Mr. Speaker, Colonel Bill Park West in the South Bronx, Bellevue South Hines is an outstanding example of the role SPEECH OF in Manhattan and Sunnyside in Queens. models who lead Civil Air Patrol Wings. He HON. RICK BOUCHER Manny believes that shelter is not enough. has devoted a lifetime to quality aviation pro- Hence, Phipps CDCÐa Human Services/Edu- OF VIRGINIA fessionalism and service to his nation, particu- cational/Employment Training CorporationÐis IN THE HOUSE OF REPRESENTATIVES larly through Civil Air Patrol. committed to the development of the human In 1952, Colonel Hines joined the Civil Air Thursday, August 5, 1999 spirit. Through a variety of program offerings Patrol as a cadet in San Antonio, Texas. Two The House in Committee of the Whole in the fields of education, human services, em- years later he completed his flight training. He House on the State of the Union had under ployment readiness and community develop- was only 17 years old but he had already cho- consideration the bill (H.R. 2670) making ap- ment, the Corporation under his leadership sen his course in life. His family moved to propriations for the Department of Com- has assisted thousands of families. In early Ohio and he received both his private and merce, Justice, and State, the Judiciary, and 1992 Mr. MeÂndez initiated efforts to provide commercial pilot licenses. He earned his in- related agencies for the fiscal year ending Phipps residents and community members strument rating and flight instructor rating September 30, 2000, and for other purposes: with regular and preventive medical care nec- while attending classes at Ohio State Univer- Mr. BOUCHER. Mr. Chairman, the Federal essary for long term health and well being. sity. He taught flying at the University for two Communications Commission has an account- Additionally this effort would help in ending the years. He then moved onto Purdue University ing requirement that is no longer needed for need for community members to use hospital where he continued in flight instruction. He any purpose, which costs companies subject emergency rooms as their primary care physi- also earned several degrees while at Purdue. to the requirement at least $270 million annu- cians in two South Bronx neighborhoods. In After working for the Indiana Aeronautics ally. That money could and should be used June of 1993, in a joint effort with the Bronx Commission and as an Emergency Services E1808 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 1999 officer for the Indian Wing of the Civil air Pa- ECUADORIAN NEWSPAPERS: Ecuador News, Mr. Speaker, I submit the column by Brent trol he began a career as a commercial pilot. Campana News, El Expreso, and Latinos. Staples commending Steve May and his He worked with Frontier Airlines from 1964 In addition, special tributes and presen- stance on domestic partner benefits in The until the company shut down in 1986. While tations are set to be awarded to Mr. Napoleon New York Times to be placed in the RECORD. with Frontier, he served as Central Air Safety Barragan, founder of 1±800±MAT±TRES, Mr. [From the New York Times, Sept. 5, 1999] Chairman for fifteen years. In 1986 he moved Hector Delgado, founder and proprietor of WHY SAME-SEX MARRIAGE IS THE CRUCIAL to Continental Airlines. Colonel Hines flew with Delgado Travel, and Mr. Angelo del Monaco, ISSUE the Continental for eleven years until his re- the five-time world record holding Ecuadorian (By Brent Staples) tirement in 1997. He continues to teach cyclist, for their outstanding achievements and The civil rights movement had made spec- ground school and safety courses for Conti- unquestionable leadership. tacular gains in the courts—including Brown nental. I ask my colleagues to join me in congratu- v. Board of Education—before Rosa Parks He finally settled down into the Colorado lating all of the recipients honored by the Ec- galvanized public opinion in a way that law- Wing of the Civil air Patrol where he has con- uadorian Flag Raising Ceremony for all of suits had not. Ms. Parks became an emblem- centrated on flight operations and aircrew their accomplishments. Their tremendous con- atic figure when she was arrested in Mont- evaluation and standardization. He also tributions have truly strengthened the City of gomery, Ala., for refusing to sit in the ‘‘col- served several years as the Vice Commander Jersey City, and, I wish them all continued ored only’’ section of a bus. The sight of this dignified woman being denied the simplest and has, for the last four years, served as luck and success in community service. courtesy because she was black crystallized Wing Commander for the entire State of Colo- f the dehumanizing nature of segregation and rado. Colonel Hines is in charge of the search rallied people against it. and rescue division of CAP for Colorado. He ANTI-GAY BIGOTRY AGAINST ARI- Racism began to wane as white Americans has actively participated in many difficult ZONA STATE REPRESENTATIVE were introduced to members of the black mi- searches. Colonel Hines was essential for pro- STEVE MAY nority whom they could identify as ‘‘just viding the leadership in the search for the Air like us.’’ A similar introduction is underway Force A±10 which crashed near Eagle, Colo- HON. TOM LANTOS for gay Americans, but the realization that they are ‘‘just like us’’ has yet to sink in. rado. He led the massive effort, which in- OF CALIFORNIA When it finally does, the important transi- volved many days and missions. Colonel IN THE HOUSE OF REPRESENTATIVES tional figures will include State Representa- Hines was instrumental in the planning and Wednesday, September 8, 1999 tive Steve May, a 27-year-old Republican execution of the safe high-altitude mission in from Arizona. marginal weather conditions. Mr. LANTOS. Mr. Speaker, at a time when Mr. May is a solid conservative who sup- Through his selfless volunteer leadership, the leaders of this country should rise up and ports issues like vouchers and charter Colonel Hines has distinguished himself as a speak out in favor of the family and commit- schools. He was raised a Mormon and recalls great man. He has also brought distinction to ment, it is a disgrace to our common sense himself as the kid who ‘‘had to go out and bring in the wayward souls.’’ He is also a the Colorado Wing, the Rocky Mountain Re- that our nation and in particular our Depart- ment of Defense, continues to persecute gay former active-duty soldier and an Army re- gion, the Civil Air Patrol, and through all of servist, whose record shows that he could these organizations, the United States of Americans who espouse these values. have moved up swiftly and been given a com- America. Though millions of law-abiding, tax-paying mand. f gay Americans honor the tradition of family by But Mr. May is about to be hounded out of honoring their unions to each other, they con- the Reserve for publicly admitting he loves IN RECOGNITION OF JERSEY sistently see their efforts rewarded by a rhet- and shares his life with another man. This CITY’S ECUADORIAN FLAG RAIS- oric that is seemingly aligned with their com- acknowledgment came last winter during a ING CEREMONY COMMEMO- mitment to these values and yet is used as a heated exchange in the Arizona Legislature RATING ECUADOR’S INDEPEND- tool to alienate them from this society and over a bill that would have barred counties from offering domestic-partner benefits, ENCE AND OF THIS YEAR’S HON- deny them their most basic rights. stripping them from gay couples who cur- OREES, INCLUDING MR. NAPO- Recently, Arizona State Representative rently enjoy them. LEON BARRAGAN, MR. HECTOR Steve May added a heroic voice to those call- Mr. May could have sat quietly, protecting DELGADO, AND MR. ANGELO DEL ing for full civil rights for gay Americans by re- his career. Instead he exposed the provision MONACO fusing to accept the bigotry and prejudice in- as bigoted and told the Arizona House: ‘‘It is herent in the movement to strip away domes- an attack on my family, an attack on my HON. ROBERT MENENDEZ tic partner benefits for gay couples. During de- freedom. . . . My gay tax dollars are the bate in the Arizona State House of Represent- same as your straight tax dollars. If you are OF NEW JERSEY not going to treat me fairly, stop taking my IN THE HOUSE OF REPRESENTATIVES atives on legislation barring Arizona counties tax dollars. . . . I’m not asking for the right from offering domestic partner benefits, Mr. Wednesday, September 8, 1999 to marry, but I’d like to ask this Legislature May bravely spoke out against the legislation to leave my family alone.’’ Mr. MENENDEZ. Mr. Speaker, I rise today and told his fellow legislators that he was gay When Rosa Parks declined to yield her seat to recognize the honorees of this year's Ecua- and that he would not tolerate discrimination on that bus, she was telling Alabama that dorian Flag Raising Ceremony to commemo- against gay families. she was not just a colored person, but a rate Ecuador's independence celebration for Representative May is a member of the human being who deserved the respect and Army Reserve and a former active duty sol- protection of the law. Mr. May’s words in the their tremendous contributions to the State of Arizona House were similarly clarifying. New Jersey. dier. After acknowledging in the debate that he Fearful of a backlash, gay politicians rarely On August 10, 1999, the Ecuadorian Flag loves and shares his life with another man, the mention their mates in public—and shy away Raising Ceremony will observe Ecuador's Army has initiated an effort to remove him from speaking of them in terms that might independence by honoring an array of civic from the military. disturb even constituents who know that leaders and community activists from Jersey Mr. Speaker, what hypocrisy! At a time they are gay. But by framing his argument City, New Jersey. The Ceremony creates a when our nation's military is being forced to in the context of ‘‘the family,’’ Mr. may dis- forum which highlights efforts in promoting not lower its standards in order to maintain force armed his bigoted colleagues and took the levels, we are expelling from the military highly debate on same-sex unions exactly where it only Ecuadorian cultural pride but also for the needed to go. important and difficult task of providing role talented and experienced individuals who want When Mr. May’s comments became public, models for our children and young people. to serve our nation. the Army Reserve began an investigation This year's honorees are: Mr. Speaker, the New York Times last Sun- that legal experts say will certainly end in ECUADOREANS FOR JERSEY CITY: George day (September 5, 1999) published an Edi- discharge. Lieutenant May will then become Barreto, Washington Davida, Sergio Mendez, torial Observer column by Brent Staples which a casualty of ‘‘don’t ask, don’t tell,’’ which Denis Tapia, Rosa Tapia, Lourdes Porras, eloquently places the experience of Steve May ended more than 1,100 military careers in Santiago Cavagnaro, Blanca Barzola, Frank in a suitable context and appropriately de- 1998, on the grounds that homosexuals who reveal the fact are no longer fit to serve. Molina, Armando Molina, and Sara Velazquez. nounces the injustice of attacks on gay This is a staggering loss at a time when ECUADORIAN CIVIC ORGANIZATIONS: La Casa women and men in this country. I urge my col- the armed services are canvassing strip de la Cultura Ecuatoriana, Comite Civico leagues to read this excellent piece and to join malls and lowering entrance requirements to Ecuatoriano, Sociedad Tungurahuense de me in ending the injustice of protecting some find personnel. By the time this policy is New Jersey, A.S.O.P.R.E.X., and Cultuarte. families while harming others. abandoned, thousands of talented Americans CONGRESSIONAL RECORD — Extensions of Remarks E1809 will have been lost to a purge that will come love less valid than heterosexual love and Supreme Court declared the laws unconstitu- to be recognized as contrary to the public gay people less human. We cut them off from tional. The laws were based on the primitive good and morally wrong. the rituals of family and marriage that bind belief that blacks and whites were set apart Republicans began the 1990’s refusing cam- us together as a culture. on the tree of life by God Himself. Inter- paign contributions from gay organizations The legislator who wished to revoke bene- racial couples were initially seen as a threat and demonizing homosexuals for political fits from same-sex partners in Arizona to the social order and to the institution of gain. But in the race for 2000, the most viewed those partnerships as culturally alien marriage. Over time, the culture began to prominent candidates are accepting the and morally illegitimate. The military es- discard the filter of race, viewing the couples money and say that they would hire gay tablishment may force Mr. May out of the workers as long as they refrained from press- service—despite an exemplary record—be- as ‘‘just like the rest of us.’’ The same proc- ing ‘‘a gay agenda’’—a code phrase for keep- cause his family consists of two men who are ess will probably work out for same-sex cou- ing quiet about issues of same-sex intimacy, indistinguishable from their neighbors, ex- ples—but only after an extended battle. up to and including marriage. The trouble cept that they sleep together. When the matter is settled, historians will with this approach is that legitimacy for This persecution finds a parallel in stat- look back at people like Steve May, who de- same-sex unions is the heart of the matter. utes that made it illegal for blacks and clined to go quietly to the back of the Amer- By denying that legitimacy, we declare gay whites to get married up until 1967, when the ican bus. E1810 CONGRESSIONAL RECORD — Extensions of Remarks September 8, 1999 SENATE COMMITTEE MEETINGS Appropriations SEPTEMBER 16 Labor, Health and Human Services, and 9:30 a.m. Title IV of Senate Resolution 4, Education Subcommittee Governmental Affairs To hold hearings on proposed fiscal year agreed to by the Senate on February 4, Investigations Subcommittee 2000 youth violence intiative. 1977, calls for establishment of a sys- To hold hearings on the practices and op- SD–192 tem for a computerized schedule of all Armed Services erations of the securities day trading meetings and hearings of Senate com- To hold hearings on issues concerning industry. SD–628 mittees, subcommittees, joint commit- the sinking of the USS Indianapolis. 10 a.m. tees, and committees of conference. SH–216 10 a.m. Health, Education, Labor, and Pensions This title requires all such committees Judiciary Public Health Subcommittee to notify the Office of the Senate Daily To hold hearings on issues relating to To hold hearings to examine issues relat- Digest—designated by the Rules com- hate on the internet. ing to children’s health. mittee—of the time, place, and purpose SD–226 SD–430 Health, Education, Labor, and Pensions 2 p.m. of the meetings, when scheduled, and To hold hearings on issues relating to Intelligence any cancellations or changes in the educational readiness. To hold closed hearings on pending intel- meetings as they occur. SD–430 ligence matters. 2 p.m. SH–219 As an additional procedure along Judiciary 2:30 p.m. with the computerization of this infor- To hold hearings on pending nomina- Energy and Natural Resources tions. mation, the Office of the Senate Daily Forests and Public Land Management Sub- Digest will prepare this information for SD–226 2:30 p.m. committee printing in the Extensions of Remarks Aging To hold hearings on the Administration’s section of the CONGRESSIONAL RECORD To hold hearings on the benefits of exer- Northwest Forest Plan. on Monday and Wednesday of each cise for the elderly. SD–366 week. SH–216 SEPTEMBER 21 Meetings scheduled for Thursday, SEPTEMBER 15 9 a.m. September 9, 1999 may be found in the 10 a.m. United States Senate Caucus on Inter- Daily Digest of today’s RECORD. Energy and Natural Resources national Narcotics Control To hold hearings on the nomination of To hold hearings on counterinsurgency David J. Hayes, of Virginia, to be Dep- MEETINGS SCHEDULED vs. counter-narcotics issues in regards uty Secretary of the Interior; the nom- to Colombia. ination of Sylvia V. Baca, of New Mex- SH–216 SEPTEMBER 13 ico, to be an Assistant Secretary of the 10 a.m. Interior; and the nomination of Ivan SEPTEMBER 28 Joint Economic Committee Itkin, of Pennsylvania, to be Director of the Office of Civilian Radioactive 9:30 a.m. To hold hearings on certain tax cut pro- Veterans’ Affairs visions and budget surplus issues. Waste Management, Department of En- To hold joint hearings with the House SD–124 ergy. SD–366 Committee on Veterans’ Affairs to re- Governmental Affairs view the legislative recommendations SEPTEMBER 14 To hold hearings on the nomination of of the American Legion. Time to be announced Sally Katzen, of the District of Colum- 345 Cannon Building Energy and Natural Resources bia, to be Deputy Director for Manage- Energy Research, Development, Produc- ment, Office of Management and Budg- SEPTEMBER 30 tion and Regulation Subcommittee et. 2:30 p.m. To hold hearings on S.1051, to amend the SD–628 Energy Policy and Conservation Act to Judiciary Energy and Natural Resources manage the Strategic Petroleum Re- To hold hearings to examine certain Forests and Public Land Management Sub- serve more effectively. (Subcommittee clemency issues for members of the committee hearing will immediately follow the Armed Forces of National Liberation. To hold hearings on S.1457, to amend the 9:30 full committee hearing). SD–226 Energy Policy Act of 1992 to assess op- SD–366 2 p.m. portunities to increase carbon storage 9:30 a.m. Intelligence on national forests derived from the Energy and Natural Resources To hold closed hearings on pending intel- public domain and to facilitate vol- To hold hearings on S.1052, to implement ligence matters. untary and accurate reporting of forest further the Act (Public Law 94–241) ap- SH–219 projects that reduce atmospheric car- proving the Covenant to Establish a Judiciary bon dioxide concentrations. Commonwealth of the Northern Mar- Immigration Subcommittee SD–366 iana Islands in Political Union with To hold hearings on Immigration and the United States of America. Naturalization Service reform issues. SD–366 SD–226 Wednesday, September 8, 1999 Daily Digest

HIGHLIGHTS See Re´sume´ of Congressional Activity. Senate amendment in the nature of a substitute. (S. Rept. Chamber Action No. 106–149) Routine Proceedings, pages S10537–S10655 S. 613, to encourage Indian economic develop- Measures Introduced: Five bills and three resolu- ment, to provide for the disclosure of Indian tribal tions were introduced, as follows: S. 1566–1570, S.J. sovereign immunity in contracts involving Indian Res. 33, S. Res. 179, and S. Con. Res. 55. tribes, with an amendment in the nature of a sub- Page S10612 stitute. (S. Rept. No. 106–150) S. 614, to provide for regulatory reform in order Measures Reported: Reports were made as follows: to encourage investment, business, and economic de- Reported on Friday, August 27, during the ad- velopment with respect to activities conducted on journment: Indian lands, with an amendment in the nature of H.R. 457, to amend title 5, United States Code, a substitute. (S. Rept. No. 106–151) to increase the amount of leave time available to a S. 406, to amend the Indian Health Care Im- Federal employee in any year in connection with provement Act to make permanent the demonstra- serving as an organ donor. (S. Rept. No. 106–143) tion program that allows for direct billing of medi- S. 28, to authorize an interpretive center and re- care, medicaid, and other third party payors, and to lated visitor facilities within the Four Corners Monu- expand the eligibility under such program to other ment Tribal Park, with an amendment in the nature tribes and tribal organizations, with an amendment of a substitute. (S. Rept. No. 106–144) in the nature of a substitute. (S. Rept. No. 106–152) S. 400, to provide technical corrections to the Na- S. 1156, to amend provisions of law enacted by tive American Housing Assistance and Self-Deter- the Small Business Regulatory Enforcement Fairness mination Act of 1996, to improve the delivery of Act of 1996 to ensure full analysis of potential im- housing assistance to Indian tribes in a manner that pacts on small entities of rules proposed by certain recognizes the right of tribal self-governance, with agencies, with amendments. (S. Rept. No. 106–153) an amendment in the nature of a substitute. (S. Page S10612 Rept. No. 106–145) Measures Passed: S. 1346, to ensure the independence and non- Commerce/Justice/State Appropriations: Pursuant partisan operation of the Office of Advocacy of the to the order of July 22, 1999, Senate passed H.R. Small Business Administration, with amendments. 2670, making appropriations for the Departments of (S. Rept. No. 106–146) Commerce, Justice, and State, the Judiciary, and re- Special Report entitled ‘‘Summary of Legislative lated agencies for the fiscal year ending September and Oversight Activities During the 105th Con- 30, 2000, after striking all after the enacting clause gress.’’ (S. Rept. No. 106–147) and inserting in lieu thereof the text of S. 1217, Reported today: Senate companion measure, as passed the Senate on S. 299, to elevate the position of Director of the July 22, 1999. Senate insisted on its amendment, re- Indian Health Service within the Department of quested a conference with the House thereon, and Health and Human Services to Assistant Secretary the Chair was authorized to appoint the following for Indian Health, with an amendment. (S. Rept. conferees on the part of the Senate: Senators Gregg, No. 106–148) Stevens, Domenici, McConnell, Hutchison, Camp- S. 401, to provide for business development and bell, Cochran, Hollings, Inouye, Lautenberg, Mikul- trade promotion for native Americans, with an ski, and Byrd. Page S10540 D949 D950 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 1999 Subsequently, passage of S. 1217 was vitiated and Removal of Injunction of Secrecy: The injunction then indefinitely postponed. of secrecy was removed from the following treaties: Organ Donor Leave Act: Senate passed H.R. 457, International Convention for the Suppression of to amend title 5, United States Code, to increase the Terrorist Bombings (Treaty Doc No. 106–6); and amount of leave time available to a Federal employee Treaty with Dominican Republic for Return of in any year in connection with serving as an organ Stolen or Embezzled Vehicles, with Annexes (Treaty donor, clearing the measure for the President. Doc. No. 106–7). The treaties were transmitted to the Senate today, Page S10637 considered as having been read for the first time, and Veteran’s Benefits: Senate passed S. 1076, to referred, with accompanying papers, to the Com- amend title 38, United States Code, to enhance pro- mittee on Foreign Relations and were ordered to be grams providing health care and other benefits for printed. Pages S10636±37 veterans, to authorize major medical facility projects, Nominations Confirmed: Senate confirmed the fol- and to reform eligibility for burial in Arlington Na- lowing nominations: tional Cemetery, after agreeing to a committee By 93 yeas to 1 nay (Vote No. EX. 262), amendment in the nature of a substitute, and the Adalberto Jose Jordan, of Florida, to be United following amendment proposed thereto: States District Judge for the Southern District of Pages S10637±54 Florida. Pages S10544±45, S10655 Brownback (for Rockefeller/Specter) Amendment Carlos Murguia, of Kansas, to be United States No. 1622, to improve the provisions relating to District Judge for the District of Kansas. long-term health care for veterans. Pages S10643±46 Pages S10636, S10655 Department of the Interior Appropriations: Sen- By 93 yeas to 1 nay (Vote No. EX. 263), Marsha ate resumed consideration of H.R. 2466, making ap- J. Pechman, of Washington, to be United States propriations for the Department of the Interior and District Judge for the Western District of Wash- related agencies for the fiscal year ending September ington. Pages S10544±45, S10655 30, 2000, taking action on the following amend- Nominations Received: Senate received the fol- ments proposed thereto: Pages S10551±83 lowing nominations: Adopted: Jay Johnson, of Wisconsin, to be Director of the Graham Amendment No. 1577, to prohibit the Mint for a term of five years. Secretary of the Interior from implementing class III Willene A. Johnson, of New York, to be United gaming procedures without State approval. States Director of the African Development Bank for Pages S10551±58 a term of five years. Pending: Joseph W. Prueher, of Tennessee, to be Ambas- Gorton Amendment No. 1359, of a technical na- sador to the People’s Republic of China. ture. Page S10551 Mark Reid Tucker, of North Carolina, to be Bond (for Lott) Amendment No. 1621, to provide United States Marshal for the Eastern District of funds to assess the potential hydrologic and biologi- North Carolina for the term of four years. cal impact of lead and zinc mining in the Mark 1 Army nomination in the rank of general. Twain National Forest of Southern Missouri. Routine lists in the Foreign Service. Pages S10654±55 Pages S10553±54, S10571±72 Hutchison Amendment No. 1603, to prohibit the Messages From the House: Page S10587 use of funds for the purpose of issuing a notice of Measures Referred: Page S10587 rulemaking with respect to the valuation of crude oil for royalty purposes until September 30, 2000. Communications: Pages S10587±S10604 Pages S10558±69, S10579±83 Petitions: Pages S10604±12 Robb Amendment No. 1583, to strike section Statements on Introduced Bills: Pages S10612±16 329, provisions that would overturn recent decisions Additional Cosponsors: Pages S10616±19 handed down by the 11th circuit corporation and federal district court in Washington State dealing Amendments Submitted: Pages S10621±23 with national forests. Pages S10561±62, S10570±79 Notices of Hearings: Page S10623 A unanimous-consent agreement was reached pro- Authority for Committees: Page S10623 viding for further consideration of the bill with votes to occur on pending Amendment Nos. 1621 and Additional Statements: Pages S10623±26 1583 (listed above) on Thursday, September 9, 1999. Text of S. 632, S. 800, S. 1072, and S. 1255, as Page S10569 Previously Passed: Pages S10626±30 September 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D951 Enrolled Bills Presented: Page S10587 Committee Meetings Record Votes: Two record votes were taken today. (Total—263) Page S10545 (Committees not listed did not meet) Adjournment: Senate convened at 12 noon, and ad- RUSSIAN COMPANY PROLIFERATION journed at 8:37 p.m., until 9:30 a.m., on Thursday, ACTIVITIES September 9, 1999. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Committee on Foreign Relations: Committee held a Record on page S10654.) closed briefing on proliferation activities of a certain Russian company from John A. Lauder, Special As- sistant to the Director of Central Intelligence for Nonproliferation. Committee recessed subject to call. h House of Representatives making appropriations for the government of the Chamber Action District of Columbia and other activities chargeable Bills Introduced: 13 public bills, H.R. 2807–2819; in whole or in part against revenues of said District and 4 resolutions, H. Con. Res. 180–182 and H. for the fiscal year ending September 30, 2000 (H. Res. 284, were introduced. Pages H7995±96 Rept. 106–310); and Reports Filed: Reports were filed today as follows: H. Res. 283, providing for consideration of H.R. H.R. 462, to clarify that governmental pension 417, to amend the Federal Election Campaign Act plans of the possessions of the United States shall be of 1971 to reform the financing of campaigns for treated in the same manner as State pension plans elections for Federal office (H. Rept. 106–311). for purposes of the limitation on the State income Page H7995 taxation of pension income (H. Rept. 106–302); Migratory Bird Commission: Pursuant to the order H.J. Res. 54, granting the consent of Congress to of the House of Thursday, August 5, 1999 and upon the Missouri-Nebraska Boundary Compact (H. Rept. the recommendation of the Minority Leader, the 106–303); Speaker appointed Representative Dingell to the Mi- H.J. Res. 62, to grant the consent of Congress to gratory Bird Commission on August 11, 1999. the boundary change between Georgia and South Page H7890 Carolina (H. Rept. 106–304); International Financial Institution Advisory H.R. 2506, to amend title IX of the Public Commission: Pursuant to the order of the House of Health Service Act to revise and extend the Agency Thursday, August 5, 1999, the Speaker appointed for Health Care Policy and Research, amended (H. Mr. Lee Hoskins of Nevada to the International Fi- Rept. 106–305); nancial Institution Advisory Commission on August H.R. 1619, to amend the Quinebaug and 11, 1999. Page H7890 Shetucket Rivers Valley National Heritage Corridor Act of 1994 to expand the boundaries of the Cor- Recess: The House recessed at 10:22 a.m. and re- ridor, amended (H. Rept. 106–306); convened at 12:43 p.m. Page H7891 S. 323, to redesignate the Black Canyon of the VA/HUD Appropriations, 2000: The House com- Gunnison National Monument as a national park pleted general debate and began considering amend- and establish the Gunnison Gorge National Con- ments to H.R. 2684, making appropriations for the servation Area, amended (H. Rept. 106–307); Departments of Veterans Affairs and Housing and H.R. 1231, to direct the Secretary of Agriculture Urban Development, and for sundry independent to convey certain National Forest lands to Elko agencies, boards, commissions, corporations, and of- County, Nevada, for continued use as a cemetery, fices for the fiscal year ending September 30, 2000. amended (H. Rept. 106–308); The House will resume consideration on September H. Res. 281, providing for consideration of a mo- 9. Pages H7892±H7958 tion to suspend the rules (H. Rept. 106–309); Agreed to: H. Res. 282, waiving points of order against the The Nadler amendment that increases funding for conference report to accompany the bill (H.R. 2587) the Housing Opportunities for Persons with AIDS D952 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 1999 program by $10 million (agreed by a recorded vote The Filner amendment that sought to provide for of 212 ayes to 207 noes, Roll No. 394); an additional 250 employees to reduce backlog and Pages H7929±32, H7956±57 waiting time for adjudication of claims; Rejected: Pages H7925±26 The Cunningham amendment that sought to re- The Filner amendment that sought to provide store Selective Service Agency funding of $24.2 mil- $9.5 million to reduce the backlog of repairs at na- lion and strike language that terminates the agency tional veterans cemeteries; Pages H7926±27 (rejected by a recorded vote of 187 ayes to 232 noes, The Filner amendment that sought to provide for Roll No. 391); Pages H7910±13, H7954±55 an additional 10 employees for the Office of Inspec- The Roemer amendment that sought to reduce tor General Hotline; Pages H7927±28 funding for the international space station program Provision on page 70, lines 15 through 22, con- by $2.08 billion (rejected by a recorded vote of 121 cerning the Federal Water Pollution Control Act and ayes to 298 noes, Roll No. 392); grants to Indian tribes; and Page H7949 Pages H7915±21, H7955±56 The Filner amendment that sought to increase The Nadler amendment that sought to provide funding by $1.1 billion for veterans health and des- $200 million for 32,000 Section 8 housing vouchers ignate the entire amount as an emergency require- and $105 million for the public housing operating ment (agreed to sustain the ruling of the chair by fund (rejected by a recorded vote of 154 ayes to 267 a recorded vote of 219 ayes to 198 noes, Roll No. 390). Pages H7952±54 noes, Roll No. 393); Pages H7935±40, H7956 The Rogan amendment that sought to increase Withdrawn: NASA Science, Aeronautics, and Technology funding The Weldon of Florida amendment was offered, by $105 million (rejected by a recorded vote of 185 but subsequently withdrawn, that sought to increase ayes to 235 noes, Roll No. 395); NASA Human Space Flight funding by $92 million, Science, Aeronautics, and Technology funding by Pages H7945±47, H7957±58 $112 million, and Mission Support Funding by The Jackson-Lee amendment that sought to in- $241 million; Page H7933 crease NASA Science, Aeronautics, and Technology H. Res. 275, the rule that provided for consider- funding by $10 million; and Pages H7949±51 ation of the bill was agreed to on August 5. The Gutierrez amendment that sought to increase Brownfields redevelopment projects funding by $5 Senate Messages: Messages received from the Senate million, HOME investment partnerships program today and on August 6 and 9 appear on page funding by $20 million, and Homeless Assistance H7891. grants by $5 million (rejected by a recorded vote of Referrals: S. 199 was referred to the Committee on 152 ayes to 269 noes, Roll No. 396). the Judiciary and S. 632 was referred to the Com- Pages H7951±52, H7958 mittee on Commerce. Page H7990 Points of Order Sustained Against: Amendments Ordered Printed: Amendments or- The Filner amendment that sought to increase Re- dered printed pursuant to the rule appear on pages adjustment Benefits funding by $881 million for en- H7998–99. hanced educational assistance under the Montgomery Quorum Calls—Votes: Seven recorded votes devel- GI Bill; Pages H7913±14 The Edwards amendment that sought to increase oped during the proceedings of the House today and funding for veterans health care by $730 million by appear on pages H7954, H7954–55, H7955–56, postponing the implementation of a capital gains tax H7956, H7956–57, H7957–58, and H7958. There were no quorum calls. cut until January 1, 2001; Pages H7921±23 The Filner amendment that sought to provide $3 Adjournment: The House met at 10:00 a.m. and million to provide a presumption of service-connec- adjourned at 10:52 p.m. tion for veterans who were exposed to Hepatitis C risk factors during military service and now have Committee Meetings Hepatitis C; Pages H7923±24 The Filner amendment that sought to provide COLOMBIA—NARCOTICS THREAT $4.6 million for pay parity for dentists; Page H7924 Committee on Government Reform: On August 6, the The Filner amendment that sought to provide Subcommittee on Criminal Justice, Drug Policy and $35.2 million for health care benefits for Filipino Human Resources held a hearing on the Narcotics World War II veterans who were excluded from Threat from Colombia. Testimony was heard from benefits by the Rescissions Acts of 1946; Representatives Gilman and Burton of Indiana; Pages H7924±25 Barry R. McCaffrey, Director, Office of National September 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D953 Drug Control Policy; Rand Beers, Assistant Sec- the Interior to provide assistance. Signed August 10, retary, Bureau of International Narcotics and Law 1999. (P.L. 106–45) Enforcement Affairs, Department of State; Brian E. H.R. 2565, to clarify the quorum requirement for Sheridan, Assistant Secretary, Special Operations and the Board of Directors of the Export-Import Bank of Low Intensity Conflict, Department of Defense; and the United States. Signed August 11, 1999. (P.L. William E. Ledwith, Chief, International Operations, 106–46) DEA, Department of Justice. S. 1543, to amend the Agricultural Adjustment Act of 1938 to release and protect the release of to- CONFERENCE REPORT—DISTRICT OF bacco production and marketing information. Signed COLUMBIA APPROPRIATIONS August 13, 1999. (P.L. 106–47) Committee on Rules: Granted, by voice vote, a rule H.R. 211, to designate the Federal building and waiving all points of order against the conference re- United States courthouse located at West 920 River- port to accompany H.R. 2587, making appropria- side Avenue in Spokane, Washington, as the ‘‘Thom- tions for the government of the District of Columbia as S. Foley Federal Building and United States and other activities chargeable in whole or in part Courthouse’’, and the plaza at the south entrance of against revenues of said District for the fiscal year such building and courthouse as the ‘‘Walter F. ending September 30, 2000, and against its consid- Horan Plaza’’. Signed August 17, 1999. (P.L. eration. The rule provides that the conference report 106–48) shall be considered as read. Testimony was heard H.R. 1219, to amend the Office of Federal Pro- from Representatives Istook and Norton. curement Policy Act and the Miller Act, relating to CLEMENCY TO TERRORISTS payment protections for persons providing labor and materials for Federal construction projects. Signed Committee on Rules: Granted, by voice vote, a rule August 17, 1999. (P.L. 106–49) providing that it shall be in order at any time on H.R. 1568, to provide technical, financial, and Thursday, September 9, 1999, or on Friday, Sep- procurement assistance to veteran owned small busi- tember 10, 1999, for the Speaker to entertain a mo- nesses. Signed August 17, 1999. (P.L. 106–50) tion that the House suspend the rules and adopt H. H.R. 1664, An Act providing emergency author- Con. Res. 180, expressing the sense of Congress that ity for guarantees of loans to qualified steel and iron the President should not have granted clemency to terrorists. ore companies and to qualified oil and gas compa- nies. Signed August 17, 1999. (P.L. 106–51) f H.R. 2465, making appropriations for military NEW PUBLIC LAWS construction, family housing, and base realignment and closure for the Department of Defense for the (For last listing of Public Laws, see DAILY DIGEST, p. D893) fiscal year ending September 30, 2000. Signed Au- S. 880, to amend the Clean Air Act to remove gust 17, 1999. (P.L. 106–52) flammable fuels from the list of substances with re- S. 507, to provide for the conservation and devel- spect to which reporting and other activities are re- quired under the risk management plan program. opment of water and related resources, to authorize Signed August 5, 1999. (P.L. 106–40) the United States Army Corps of Engineers to con- S. 604, to direct the Secretary of Agriculture to struct various projects for improvements to rivers complete a land exchange with Georgia Power Com- and harbors of the United States. Signed August 17, pany. Signed August 5, 1999. (P.L. 106–41) 1999. (P.L. 106–53) S. 1258, to authorize funds for the payment of S. 606, for the relief of Global Exploration and salaries and expenses of the Patent and Trademark Development Corporation, Kerr-McGee Corporation, Office. Signed August 5, 1999. (P.L. 106–42) and Kerr-McGee Chemical, LLC (successor to Kerr- S. 1259, to amend the Trademark Act of 1946 re- McGee Chemical Corporation). Signed August 17, lating to dilution of famous marks. Signed August 1999. (P.L. 106–54) 5, 1999. (P.L. 106–43) S. 1546, to amend the International Religious S. 1260, to make technical corrections in title 17, Freedom Act of 1998 to provide additional adminis- United States Code. Signed August 5, 1999. (P.L. trative authorities to the United States Commission 106–44) on International Religious Freedom, and to make H.R. 66, to preserve the cultural resources of the technical corrections to that Act. Signed August 17, Route 66 corridor and to authorize the Secretary of 1999. (P.L. 106–55) D954 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 1999 CONGRESSIONAL PROGRAM AHEAD Committee on Government Reform, September 9, Sub- committee on Civil Service, hearing on Law Enforcement Week of September 9 through September 11, Retirement: Who Qualifies and Why? 10 a.m., 2154 1999 Rayburn. Senate Chamber September 9, Subcommittee on Government Manage- ment, Information and Technology and the Subcommittee On Thursday, Senate will vote on the motion to on Technology of the Committee on Science, joint hear- close further debate on the motion to proceed to the ing on The FAA and Y2K: Will Air Travel Be Stopped consideration of H.R. 2084, Department of Trans- or Be Significantly Delayed on January 1st and Beyond? portation Appropriations; following which, Senate 10 a.m., 2318 Rayburn. will continue consideration of H.R. 2466, Depart- Committee on International Relations, September 9, to ment of the Interior Appropriations, with votes to mark up the following bills: H.R. 1883, Iran Non- occur on pending Amendment Nos. 1621 and 1583. proliferation Act of 1999; and H.R. 2367, Torture Vic- During the balance of the week, Senate expects to tims Relief Reauthorization Act of 1999, 10 a.m., 2172 consider any other cleared legislative and executive Rayburn. Committee on the Judiciary, September 9, to mark up the business, including appropriation bills and con- following bills: H.R. 2260, Pain Relief Promotion Act of ference reports, when available. 1999; and H.R. 2436, Unborn Victims of Violence Act Senate Committees of 1999, 10 a.m., 2141 Rayburn. Committee on Science, September 9, to mark up the fol- (Committee meetings are open unless otherwise indicated) lowing bills: H.R. 356, to provide for the conveyance of Committee on Armed Services: September 9, to hold hear- certain property from the United States to Stanislaus ings on the nomination of General Henry H. Shelton, County, California; H.R. 1753, Gas Hydrate Research USA, for reappointment as the Chairman of the Joint and Development Act of 1999; H.R. 2086, Networking Chiefs of Staff and appointment to the grade of General, and Information Technology Research and Development 10 a.m., SH–216. Act; H.R. 1883, Iran Nonproliferation Act of 1999; Committee on Commerce, Science, and Transportation: Sep- H.R. 2607, Commercial Space Transportation Competi- tember 9, to hold hearings on the nomination of Thomas tiveness Act of 1999; and H.R. 1744, National Institute B. Leary, of the District of Columbia, to be a Federal of Standards and Technology Authorization Act of 1999, Trade Commissioner; and the nomination of Gregory 2:30 p.m., 2318 Rayburn. Rohde, of North Dakota, to be Assistant Secretary of Committee on Small Business, September 9, Subcommittee Commerce for Communications and Information, 2:15 on Tax, Finance, and Exports, hearing on Measuring Im- p.m., SR–253. provements in the U.S. Export Assistance Center Net- Committee on Foreign Relations: September 9, Sub- work, 2 p.m., 311 Cannon. committee on East Asian and Pacific Affairs, to hold joint Committee on Transportation and Infrastructure, September hearings with the House Committee on International Re- 9, Subcommittee on Aviation, hearing on European lations’ Subcommittee on Asia and the Pacific to examine Union’s Efforts to Ban Hush-Kitted Aircraft, 10:30 a.m., the political futures of Indonesia and East Timor, 2 p.m., 2172, Cannon Building. 2167 Rayburn. Committee on the Judiciary: September 9, to hold hear- Committee on Veterans’ Affairs, September 9, Sub- ings to examine the protection of religious liberty, 10 committee on Benefits, oversight hearing on Veterans’ a.m., SD–226. Employment Regarding Civilian Credentialing Require- ments for Military Job Skills, 10 a.m., 334 Cannon. House Committees Committee on Appropriations, September 9, Subcommittee Joint Meetings on Labor, Health and Human Services, and Education, to Conference: September 9, meeting of conferees on H.R. mark up appropriations for fiscal year 2000, 10 a.m., 2490, making appropriations for the Treasury Depart- 2358 Rayburn. ment, the United States Postal Service, the Executive Of- Committee on Commerce, September 9, Subcommittee on fice of the President, and certain Independent Agencies, Oversight and Investigations, to continue hearings on for the fiscal year ending September 30, 2000, 3:30 p.m., How Healthy Are The Government’s Medicare Fraud S–128, Capitol. Fighters? 10 a.m., 2123 Rayburn. Joint Hearing: September 9, Senate Committee on For- Committee on Education and the Workforce, September 9, eign Relations, Subcommittee on East Asian and Pacific Subcommittee on Postsecondary Education, Training, and Affairs, to hold joint hearings with the House Committee Life-Long Learning, hearing on Welfare Reform: Assess- on International Relations’ Subcommittee on Asia and the ing the Progress of Work-Related Provisions, 10 a.m., Pacific to examine the political futures of Indonesia and 2175 Rayburn. East Timor, 2 p.m., 2172, Cannon Building. September 8, 1999 CONGRESSIONAL RECORD—DAILY DIGEST D955

Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED SIXTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 6 through August 31, 1999 January 6 through August 31, 1999

Senate House Total Civilian nominations totaling 315, disposed of as follows: Days in session ...... 113 91 . . Confirmed ...... 121 Time in session ...... 793 hrs., 15′ 737 hrs., 45′ . . Unconfirmed ...... 179 Congressional Record: Withdrawn ...... 6 Pages of proceedings ...... 10,536 7,468 . . Returned to White House ...... 9 Extensions of Remarks ...... 1,760 . . Public bills enacted into law ...... 116 39 55 Private bills enacted into law ...... 2 . . . . Other civilian nominations totaling 1,371, disposed of as follows: Bills in conference ...... 14 12 . . Confirmed ...... 1,361 Measures passed, total ...... 284 366 650 Unconfirmed ...... 9 Senate bills ...... 81 23 . . Returned to White House ...... 1 House bills ...... 55 157 . . Senate joint resolutions ...... 1 . . . . House joint resolutions ...... 3 6 . . Air Force nominations, totaling 5,637, disposed of as follows: Senate concurrent resolutions ...... 16 6 . . Confirmed ...... 5,609 House concurrent resolutions ...... 23 38 . . Unconfirmed ...... 28 Simple resolutions ...... 105 136 . . Measures reported, total ...... *221 *281 502 Senate bills ...... 156 4 . . Army nominations, totaling 3,421, disposed of as follows: House bills ...... 20 180 . . Confirmed ...... 3,368 Senate joint resolutions ...... 3 . . . . Unconfirmed ...... 53 House joint resolutions ...... 6 . . Senate concurrent resolutions ...... 4 . . . . House concurrent resolutions ...... 1 10 . . Navy nominations, totaling 3,889, disposed of as follows: Simple resolutions ...... 37 81 . . Confirmed ...... 3,523 Special reports ...... 15 10 . . Unconfirmed ...... 366 Conference reports ...... 10 . . Measures pending on calendar ...... 134 56 . . Measures introduced, total ...... 1,821 3,330 5,151 Marine Corps nominations, totaling 2,121, disposed of as follows: Bills ...... 1,563 2,806 . . Confirmed ...... 2,121 Joint resolutions ...... 32 65 . . Concurrent resolutions ...... 54 179 . . Simple resolutions ...... 172 280 . . Summary Quorum calls ...... 7 2 . . Yea-and-nay votes ...... 261 185 . . Total Nominations received this Session ...... 16,754 Recorded votes ...... 202 . . Total Confirmed ...... 16,103 Bills vetoed ...... Total Unconfirmed ...... 635 Vetoes overridden ...... Total withdrawn ...... 6 Total Returned to White House ...... 10 D956 CONGRESSIONAL RECORD — DAILY DIGEST September 8, 1999

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 9 10 a.m., Thursday, September 9

Senate Chamber House Chamber Program for Thursday: Senate will vote on the motion Program for Thursday: Consideration of H. Res. 281, to close further debate on the motion to proceed to the providing for consideration of a motion to suspend the consideration of H.R. 2084, Department of Transpor- rules; tation Appropriations; following which, Senate will con- Consideration of H. Con. Res. 180, expressing the tinue consideration of H.R. 2466, Department of the In- Sense of the Congress that the President should not have terior Appropriations, with votes to occur on pending granted clemency to terrorists (subject to the rule pro- Amendment Nos. 1621 and 1583. viding for consideration under suspension of the rules); Consideration of H.R. 2684, VA/HUD Appropriations, 2000 (complete consideration); and Consideration of the Conference report on H.R. 2587, District of Columbia Appropriations Conference Report (rule waiving points of order).

Extensions of Remarks, as inserted in this issue

HOUSE Kucinich, Dennis J., Ohio, E1801, E1802, E1803, E1805, Miller, George, Calif., E1803 E1806 Neal, Richard E., Mass., E1803 Baldacci, John Elias, Maine, E1805 Kuykendall, Steven T., Calif., E1801, E1803 Norton, Eleanor Holmes, D.C., E1804 Boucher, Rick, Va., E1807 Lantos, Tom, Calif., E1808 Phelps, David D., Ill., E1807 Capps, Lois, Calif., E1802 McInnis, Scott, Colo., E1807 Salmon, Matt, Ariz., E1801 Capuano, Michael E., Mass., E1804 Matsui, Robert T., Calif., E1802 Serrano, Jose´ E., N.Y., E1807 Cunningham, Randy ‘‘Duke’’, Calif., E1805 Meek, Carrie P., Fla., E1801 Stabenow, Debbie, Mich., E1802 Kolbe, Jim, Ariz., E1804 Menendez, Robert, N.J., E1808 Stark, Fortney Pete, Calif., E1806

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling Toll Free 1–888–293–6498 or (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $165.00 for six months, $325.00 per year, or purchased for $2.75 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (202) 512–1800, or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.