E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, TUESDAY, MAY 1, 2001 No. 57 House of Representatives The House met at 12:30 p.m. Navy’s program of bringing civilians ‘‘There was this long pause, and then f along on military activities for the he said ‘no’ ’’ to the question about purposes of lobbying the Congress of whether or not the civilians had inter- MESSAGE FROM THE SENATE the United States. Now, that is true at fered. He previously said ‘‘yes.’’ A message from the Senate by Mr. one level without debate. That sub- What bothers me now is that this Monahan, one of its clerks, announced marine would not have left port if it House of Representatives, with over- that the Senate has passed a bill of the were not for the need to take 16 appar- sight responsibilities, appears to be ig- following title in which the concur- ently well-connected, politically influ- noring what went on in that situation. rence of the House is requested: ential civilians for a ride. As the New The policy of the Navy of scheduling S. 560. An act for the relief of Rita York Times points out, that purpose trips solely for the edification of civil- Mirembe Revell (a.k.a. Margaret Rita was to build support among these civil- ians in the hope that they will become Mirembe). ians so they will lobby the Congress for political lobbyists appears to be noth- f more money. ing we are going to challenge. MORNING HOUR DEBATES In addition to the excursion for the I do not think any other agency in The SPEAKER. Pursuant to the 16 civilians being the sole reason for the Federal Government guilty of this order of the House of January 3, 2001, that particular submarine going out, practice would be let off so easy. We the Chair will now recognize Members we have questions that the Navy re- are told that we do not have enough from lists submitted by the majority fused to even ask, and certainly to money in the budget for training mis- and minority leaders for morning hour have answered, about the extent to sions, but we had enough money in the debates. The Chair will alternate rec- which the 16 civilians on board a very budget for a mission that had nothing ognition between the parties, with each crowded submarine might have con- to do with training, was not required party limited to not to exceed 30 min- tributed to the terrible tragedy. for training, but was required to show utes, and each Member except the ma- We have a commander who was or- off for 16 civilians. jority leader, the minority leader or dered to take the submarine out for the We do not know who the 16 civilians the minority whip limited to not to ex- purpose of giving the 16 civilians a ride, were. Were they contributors? I did not ceed 5 minutes. who has ended his career. That is a sad think it was a good idea to let contrib- The Chair recognizes the gentleman thing. He appears to have been a very utors sleep in the Lincoln bedroom from Massachusetts (Mr. FRANK) for 5 able, very dedicated man. We have under President Clinton. But we did minutes. other sailors who may be disciplined. not build the Lincoln bedroom solely No one appears to be dealing with the f to let them sleep there. We did not un- policy by which the Navy sent those dergo any expenses to let them sleep INVESTIGATION OF CIVILIANS ON people into that difficult situation, there. NAVY SHIPS CALLED FOR surfacing the submarine in an area Letting people sleep in the Lincoln Mr. FRANK. Mr. Speaker, the ter- where ships would be around, with 16 bedroom seems to me to have probably rible tragedy that led to the loss of civilians present, and the investigation less of a negative impact than sending Japanese lives when one of our sub- conducted by the Navy which led ulti- out a submarine into waters where marines surfaced and crashed into a mately to the resignation of the com- there are civilian ships, just to make 16 ship obviously consists of the loss of mander appeared designed not to get to civilians happy. I would rather those 16 those lives and the trauma of the other the bottom of these questions. civilians have got 16 nights in the Lin- people involved, both on the submarine As the New York Times reported on coln bedroom than to have a submarine and on the Japanese trawler. But there April 22, one of the sailors who had ini- go out there. is another disturbing aspect of that, al- tially indicated that the presence of Now, it is no one’s fault that this led though it is, of course, far less dis- the civilians was a problem, changed to the loss of life. No one wanted that turbing than the loss of life. But we his testimony. Indeed, it appeared that to happen. Everyone is genuinely sad. cannot do anything about the loss of the pressure was on him from the Navy A career of a very distinguished officer life. However, we can do something as to change his testimony. ‘‘It was very has, unfortunately, been lost to this. a House of Representatives, which we dramatic, recalled Jay Fidell, a lawyer But we did allow a submarine to go out are not doing, about the kind of cir- and former Coast Guard judge who fol- there, knowing that this is a dangerous cumstances that led to that. lowed the proceedings as a commen- thing. It is clear that those lives would not tator for the Public Broadcasting Sys- So I hope my colleagues in the House have been lost were it not for the tem,’’ the New York Times reports. with supervisory responsibilities will

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.000 pfrm01 PsN: H01PT1 H1666 CONGRESSIONAL RECORD — HOUSE May 1, 2001 look into this policy. I believe we the controls when the submarine shot to the paper became the crucial substitute. He was ought to say to the Navy, look, it is surface, striking and sinking the Ehime to have gotten up from his chair and gone to one thing if you let people observe Maru. Mr. Rumsfeld put a moratorium on ci- a nearby bulkhead to mark the positions on vilians’ handling controls, but otherwise the a scrolling device visible to the officer of the something that is going to be hap- programs are continuing in all services. A deck at intervals of about three minutes, a pening anyway; but scheduling com- Navy official said that no review orders had former submarine commander said. But plicated military events, potentially yet been issued by the Pentagon and that the some of the visitors were crowded into the dangerous ones, just so you can show Navy was conducting a review on its own. narrow path between his post and the plot- off to people who will become political The submarine’s skipper, Cmdr. Scott D. ting paper, and he did not push through them lobbyists? Do not do that anymore. Waddle, is not expected to be court- to update the positions. Petty Officer [From The New York Times, Apr. 23, 2001] martialed. Instead, Admiral Fargo, acting on Seacrest told the National Transportation the court of inquiry’s report, is expected to Safety Board investigators and the prelimi- DESPITE SUB INQUIRY, NAVY STILL SEES NEED announce an administrative punishment on nary Navy inquiry that the presence of visi- FOR GUESTS ON SHIPS Monday, under which Commander Waddle tors had interfered with his task. (By John Kifner) will resign from the Navy, ending his career John Hammerschmidt, the chief N.T.S.B. HONOLULU, APR. 23, 2001.—The Navy’s in- at his current rank with an honorable dis- investigator, said Petty Officer Seacrest re- quiry into the submarine Greeneville’s colli- charge and a full pension. ported that ‘‘he was not able to continue his sion with a Japanese fisheries training vessel On March 20, Commander Waddle’s civilian plotting.’’ But when Petty Officer Seacrest has sidestepped one factor in the fatal crash: lawyer, Charles W. Gittins, seemed to shift appeared before the court of inquiry, testi- a program hugely popular with the Navy direction as he was winding up a rambling fying under a grant of immunity, he said the brass in which thousands of civilians, many closing statement at the end of 12 days of civilians had no effect on his task. wealthy or influential, are invited on excur- hearings. Mr. Gittins raised the question of ‘‘It was very dramatic,’’ recalled Jay M. sions aboard warships in hopes of bolstering the 16 civilians with the retired admiral, Fidell (the brother of Eugene R. Fidell), a support for the services and, ultimately, Richard C. Macke, who made the arrange- lawyer and a former Coast Guard judge, who their financing. ments for the submarine tour. Most of the ci- followed the proceedings as a commentator Adm. Thomas B. Fargo, the commander of vilians had been planning to take part in a for the Public Broadcasting System. ‘‘There the Pacific Fleet, acting on the report of a golf tournament, which was later postponed, was this long, long pause and then he said three-admiral court of inquiry, is expected to to raise money for restoration work on the ‘No.’’’ Under questioning, Petty Officer recommend a review of the visitors program U.S.S. Missouri, the World War II battleship Seacrest agreed when one of the admirals and suggest a few rules—some of which were on which the Japanese surrendered in 1945. told him, ‘‘You just got lazy, didn’t you?’’ already in place and violated by the Among them were oil executives, their wives The main note on the visitors program was Greeneville—but the program is regarded as and a Honolulu couple. Mr. Gittins also won- struck in the testimony of the submarine so vital, not only by the Navy but by all the dered aloud about whether there was a busi- fleet commander, Rear Adm. Albert H. services that it is likely to continue vir- ness benefit for anyone involved in getting Konetzni Jr., a strong advocate of using the tually unchanged, military officials say. the civilians aboard. Admiral Macke, once a program to gain support for more nuclear ‘‘There is very strong support for this de- four-star commander in the Pacific, lost his submarines at a time of shrinking budgets. partmentwide,’’ a Navy official at the Pen- job after he made remarks deemed insensi- Admiral Konetzni remarked that attack sub- tagon said. ‘‘There is no chance that bring- tive, saying that three marines stationed on marines were named for cities rather than ing civilians to Navy units is going to stop. Okinawa, Japan, who raped a 12-year-old girl for fish because ‘‘fish don’t vote.’’ His views By no means.’’ in 1995 were stupid because they could have were echoed by the other admirals. ‘‘The The role of the visitors program in the ac- simply hired a prostitute. Although he is re- visitors program is the whole thing that’s cident that killed nine people aboard the tired, Admiral Macke remains active in so- driving this,’’ said Mr. Fidell, the former Japanese vessel, the Ehime Maru, on Feb. 9 cial affairs related to the Navy, and he is Coast Guard judge. ‘‘Every flag witness said is still unclear for several reasons: prominent here as an executive of a tele- the same thing. It was like something out of The court of inquiry was convened specifi- communications company based in Reston, ‘The Manchurian Candidate.’ They are des- cally because it was one of the few military VA. To some people here, it seemed an im- perate to protect this program.’’ panels that could compel civilian testimony, plied threat that, if Commander Waddle were but one of the 16 civilians aboard the sub- to go to a court-martial, Mr. Gittins would [From The Washington Post, Apr. 21, 2001] marine were called before it. raise the presence of civilians as part of his ACCOUNTABILITY AND THE NAVY The chairman of the panel, Vice Adm. defense and might produce embarrassing ma- A decision by the commander of the Navy’s John B. Nathman, said that part of his terial about the visitor program. Pacific fleet not to court-martial Cmdr. charge from Admiral Fargo was to look into Commander Waddle, in his testimony— Scott Waddle or other crew members respon- ‘‘implementation of the distinguished visitor given voluntarily after he had been denied sible for the collision of a Navy submarine embarkation program,’’ but there was little immunity—said the 16 civilians crowded into with a Japanese fishing trawler in February testimony about it. the control room did not interfere with oper- is consistent with the recommendations of Two targets of the inquiry—the ations. Asked twice by different admirals if the three admirals who conducted a court of Greeneville’s captain and a sailor who failed the civilians were a factor in the accident, inquiry, a fourth admiral who investigated to manually plot the location of the Japa- Commander Waddle each time replied, ‘‘No, the incident and the record of handling pre- nese ship—have reversed their accounts on sir.’’ But last Monday, the main article on vious accidents at sea. Unfortunately, it is whether the presence of civilians in the con- the front page of The Honolulu Advertiser also in keeping with the Navy’s pattern of trol room was a factor in the crash. quoted Mr.. Gittins as saying that Com- avoiding full disclosure or accountability for ‘‘In my opinion the investigation is not mander Waddle had changed his mind and its failures. complete,’’ said Eugene R. Fidell, the presi- now believed that the presence of the civil- Two weeks of hearings by the court of in- dent of the National Institute of Military ians broke the crew’s concentration at a cru- quiry last month showed that Cmdr. Waddle Justice, in Washington. ‘‘Never to summon cial time. The article also noted that the violated procedures and failed to take proper 16 witnesses jammed into that control room visitors program ‘‘could figure prominently safety measures while seeking to impress 16 is bizarre. ‘‘The Navy, I think, is collectively in the unlikely event of a court-martial and VIP visitors abroad the USS Greeneville. desperately concerned not to give up the dis- prove an embarrassment for the Navy.’’ That Among the other things, the veteran skipper tinguished visitor program,’’ Mr. Fidell same day, Time magazine published an inter- took the submarine deeper than allowed, did added. ‘‘They don’t even want to talk about view with Commander Waddle that said the not order a key piece of equipment fixed and this. This is a real big deal to the Navy. ‘‘It skipper had ‘‘revised his previously benign spent only 80 seconds on a periscope search absolutely has to do with funding, weapons view of the presence of civilians on board.’’ that should have taken three minutes. What programs,’’ he said. ‘‘They compete like Time quoted Commander Waddle as saying followed was a collision that killed four crazy with the other branches.’’ Last year, ‘‘Having them in the control room at least young Japanese fishing students, two teach- the Pacific Fleet welcomed 7,836 civilian interfered with our concentration.’’ But ers and three crewmen aboard the Ehime visitors aboard its vessels. There were 21 Petty Officer First Class Patrick T. Seacrest Maru trawler. While accepting those find- trips aboard Los Angeles-class nuclear at- changed his account in the opposite way. ings, Adm. Thomas Fargo is expected to con- tack submarines like the Greeneville, with Petty Officer Seacrest was the fire control duct a private disciplinary hearing for Cmdr. 307 civilian guests, and 74 trips to aircraft technician, whose job involves keeping track Waddle and allow his honorable discharge carriers, with 1,478 visitors. of nearby ships as potential targets for a from the Navy with a full pension. Defense Secretary Donald H. Rumsfeld, submarine’s torpedoes. The Navy’s attempt to justify this decision embarrassed by the incident, said at the On the day of the accident, an important began even before it was made. The acting time that he would order a review of the pro- piece of equipment, essentially a television secretary of the Navy, Robert B. Pirie Jr., gram. Mr. Rumsfeld made his statement monitor that displays the sonar soundings, told reporters more than two weeks ago that after disclosures that the sole reason for the was discovered to be broken soon after the he sympathized with Cmdr. Waddle and wor- Greeneville’s cruise on the day of the inci- submarine left Pearl Harbor. With the mon- ried a court-martial might hurt morale dent was to give a tour to the civilians and itor down, Petty Officer Seacrest’s old-fash- among Navy officers. He praised Cmdr. Wad- that a Texas oil company executive was at ioned plotting of the positions of vessels on dle’s record; other officials pointed out that

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.002 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1667 officers have not been prosecuted for past ac- latter would have been public and lengthy, triumph with a series of columns cidents and argued that an end to the com- and might have triggered an appeal during placed on either side. It contains a mander’s Navy career punishment enough. which any dirty laundry from the Navy’s sanctuary and a burial crypt. Sunlight Said Secretary Pirie: ‘‘I think this incident guest program might have come out. fills the tomb by way of 13 stained is really tragic because of the possibility Regardless of the merits of the court-mar- that the Navy will have lost Scott Waddle’s tial decision, no valid interest is served by glass windows. Each of these works of services.’’ the Navy’s failure to confront hazardous art depicts the Escadrille flying its But the real tragedy is the loss of nine practices. The Navy had until last week to many missions over the battlefields of lives because of poor conduct aboard the sub- call more witnesses to prove more deeply the Europe. One of the more striking marine. And while that conduct may not civilian guest program. It did not do so. stained glass works depicts the U.S. have risen to the criminal, the Navy admi- There’s still opportunity for a full account- aviators escorted by an eagle on a sym- rals who drew that conclusion had strong po- ing. The Navy could report on what went wrong with its civilian visit. Among the bolic flight across the Atlantic to come litical incentives to do so. Ever since the ac- to the aid of the French. cident occurred, Navy officials have tried to questions that remain unanswered are deflect public attention from the guests whether the visitors distracted the crew, as However, sadly I report, the memo- aboard the Greeneville and the larger pro- some members initially told the National rial is in desperate need of repair. The gram of hosting civilians aboard ships. At Transportation Safety Board; why the un- structure sits in a meadow with a high first the Navy refused to disclose the civil- scheduled civilian ride was held, against water table. Heavy rains flood the ians’ names; though the board of inquiry was guidelines; whether guests were favored be- tomb, worsened by the poorly func- specifically charged with investigating the cause of personal connections; and how per- tioning drains and water leaking guest program and the role of the civilians, vasive such problems are. If the Navy stays true to form, such a pub- through the terrace behind the memo- none of the VIPs was called to testify during rial. Structural repairs are needed for 12 days of public hearings. There are con- lic accounting won’t be forthcoming. It’ll be flicting and still-unresolved accounts about left to the Department of Defense Inspector the crypt and the overall foundation, whether the civilians distracted the General or the NTSB to draw conclusions. and double glass is needed to protect Greeneville’s commander and crew, but one But these are unlikely to satisfy public and the remarkable stained glass windows. fact is undisputed: The submarine’s excur- congressional questions as fully as the Navy In 1930, U.S. attorney Nelson Crom- sion that day and the emergency surfacing could, and should. well founded the Lafayette-Escadrille exercise that led to the collision were con- Shortly after the accident, Waddle publicly Memorial Foundation. He endowed the ducted solely for the benefit of the visitors, took responsibility for it. It’s high time his superiors demonstrate the same sense of foundation with $1.5 million for its many of whom had earned the trip by raising maintenance, but unfortunately, all of money for a memorial to the World War II duty. those funds have been exhausted. battleship Missouri. f Cmdr. Waddle’s attorney made clear that Today, the foundation has a mirror or- his court-martial defense would have focused RESTORING THE LAFAYETTE- ganization in France and a pledge of on the Navy public relations program, a tac- ESCADRILLE MEMORIAL monetary support to restore the memo- tic that might have produced just the embar- The SPEAKER pro tempore (Mrs. rial. rassment the Navy has tried to avoid. Did BIGGERT). Under the Speaker’s an- Although studies to estimate the that prospect play a role in Adm. Fargo’s de- nounced policy of January 3, 2001, the cost of restoring the memorial are on- cision? Yes or no, the absence of a court- gentleman from Florida (Mr. STEARNS) going, it is obvious that the resources martial means the only examination of the civilian guest program will be buried in the is recognized during morning hour de- required will exceed the meager means 2,000-page report by the court of inquiry. bates for 5 minutes. of the foundation. The French Govern- News reports have suggested that Adm. Mr. STEARNS. Madam Speaker, I ment has already indicated its willing- Fargo will recommend a review of the Navy rise today to bring to the attention of ness to assist, and it is time for the visitor program and a halt to the practice of my colleagues the deteriorating state U.S. Government to do the same. conducting excursions solely for the benefit of a memorial to our World War I avi- Just as we did in World War I, World of visitors. Those sound like appropriate con- ators. War II, and most recently, in the Gulf clusions. But if the Navy has its way, the The Lafayette-Escadrille Memorial, War, it is time for the U.S. and French reasons for reaching them, and the role which is located west of Paris, honors Governments to join together in doing played by the visitors program in the Ehime Maru tragedy, will never get the full airing all the United States aviators who flew what is right and what is just. This is that a court-martial would have provided. for France in World War I, with 68 an important memory. We must per- Americans memorialized or buried on form the duty of living and properly [From USA Today, Apr. 23, 2001] the site. honor the memory of those who gave so NAVY DUCKS SCRUTINY Formed in 1916 as part of the French much. As the Pacific Fleet commander today army, the Lafayette-Escadrille was the Combining the efforts of private in- metes out punishment against the captain of birth of the American combat United dustry and Congress, it is my hope to the sub that collided with a Japanese fishing States Air Force we have today. In join the French in restoring the memo- boat Feb. 9, the disciplinary action is sec- fact, Captain Eddie Rickenbacker, the rial to its original beauty. It is the ondary to a more critical point: That the first U.S. trained ace, was trained by right thing to do, to honor our fallen Navy itself is likely to get off unscathed. Mr. Lufberry, one of the original U.S. aviators of World War I and to dem- The commander already has decided to volunteers in the Escadrille. ‘‘Esca- forgo a court-martial, according to news re- onstrate our respect for the sacrifices ports. That means Cmdr. Scott Waddle won’t drille’’ is a French term for squadron. of all Americans in service to our Na- be imprisoned for the botched procedures and Seven Americans formed the original tion and our allies. cut corners that contributed to the deaths of American squadron. When the Esca- I hope my colleagues will join me in nine Japanese passengers. Even so, he faces drille transferred to U.S. command in supporting funding for the restoration punishment short of jail time. 1918, 265 American volunteers had of this magnificent memorial. Not so for the Navy, which ducked self- served in the French air service, with f scrutiny during the public hearings into the 180 of those having flown combat mis- collision and is now poised to do so again. sions. In all, the Escadrille flew 3,000 ADVOCATING A MORE APPRO- During a 12-day court of enquiry into the PRIATE ROLE FOR THE FED- deadly transgressions by Waddle and his combat sorties, amassing nearly 200 victories. By the end of the war, most ERAL GOVERNMENT IN DIS- crew, the Navy failed to question any of the ASTER RELIEF 16 civilian guests for whom that day’s sub of the fallen of the Lafayette-Esca- ride was conducted. And it did so despite the drille were buried along the battlefront The SPEAKER pro tempore. Under enquiry’s written mandate to probe civilian- in various military cemeteries. the Speaker’s announced policy of Jan- guest programs. The Navy thus obscured the A joint French-American committee uary 3, 2001, the gentleman from Or- degree to which its improperly organized was organized to locate a final resting egon (Mr. BLUMENAUER) is recognized public-relations outings distract crew from place for those American aviators. during morning hour debates for 5 min- more important duties, and harm the serv- utes. ice’s reputation. With land donated by the French Gov- It will use the same obscuring tactic ernment, the Memorial was dedicated Mr. BLUMENAUER. Madam Speaker, today, reading Waddle his punishment be- on July 4, 1928. you cannot promote livable commu- hind closed doors in a brief ‘‘admiral’s mast’’ My colleagues, the memorial is a site nities without examining the problems proceeding rather than a court-martial. The to behold. It encompasses an arch of associated with our complex set of

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.006 pfrm01 PsN: H01PT1 H1668 CONGRESSIONAL RECORD — HOUSE May 1, 2001 State, local and Federal policies for building codes in storm-prone areas are Regional state actors, particularly emergency relief. Many of these poli- rigorous enough to limit wind and on the Asian continent, show signs of cies have encouraged people to live and water damage by highly predictable future ascendancy on the world polit- invest in places where nature has re- weather patterns. ical stage. Other nation states, some peatedly shown they are not welcome. I commend the FEMA director for his exhibiting anti-U.S. bent, continue to The recent increase in the number of concerns, and stand ready, along with challenge American allies and interests natural disasters and the associated my congressional colleagues, to work around the world, even as U.S. peace- losses has clearly demonstrated that with him on these difficult issues. Dis- keeping and peacemaking commit- our protective strategies are inher- aster relief should not be lost in the ments evolve. ently flawed. We had better figure it shuffle of must-pass emergency legisla- The very definition of American in- out before we are overwhelmed by fur- tion. It must receive the scrutiny it de- terests is in transition as varied ther impacts of global climate change. serves. threats emerge in the post-Cold War In the last decade alone, we have lost We ought to make sure, for example, world. nearly $100 billion and almost 1,000 that Federal tax dollars are not used to International corruption, organized crime, lives. Although we have invested tens rebuild environmentally-damaging la- and the production, trade, and trafficking of il- of billions of dollars in dams and levees goons of hog waste in flood plains. The licit narcotics is on the rise. These over the last 40 years, our losses now Coastal Barrier Resources Act was a transnational threats contribute to the insta- total almost six times the amount lost terrific Reagan-era environmental pro- bility of political systems abroad, the violation before we began. Natural forces con- tection embraced by Democrats and of U.S. borders, and often represent a threat tinue to confound our best engineering Republicans, environmentalists and to social conditions in the United States. efforts. business interests alike. It should be The threat of terrorism, both state and non- The average coastline in the United extended to all coastal areas. state sponsored, has grown in significance States is due to erode approximately Sensitive shorelines should not have and Americans have increasingly become tar- 500 feet over the next 60 years, and this private development subsidized at the gets for attackers abroad. According to a De- figure does not take into account any Federal taxpayer expense. Government cember 2000 unclassified Central Intelligence rise in sea level or increased intensity regulations should be making it cheap- Agency (CIA) report, terrorist attacks against of storms due to global warming. er and easier for local communities to the United States, its forces, facilities, and in- Walling off our coastlines is a contest take the less intrusive greener ap- terests overseas are expected to increase we are going to lose. proach to flood control than to use the over the next decade. Additionally the report The National Flood Insurance Pro- more environmentally-damaging struc- states, ‘‘Between now and 2015 terrorist tac- gram is a good idea and an important tural approaches. tics will become increasingly sophisticated and program, but it is not sound because Project Impact, which invested small designed to achieve mass casualities.’’ This over 8,000 victims of repetitive flood amounts of Federal money to develop potential threat is of particular concern for the loss are not required to either flood- emergency management partnerships United States with its open borders, emphasis proof their property or relocate out of and planning in advance of a disaster, on local—and perhaps uncoordinated—emer- harm’s way. The worst example of this should be enhanced, not eliminated, as gency responders, and a prevalent cultural re- absurdity is the payment of over recommended by the Bush administra- spect for civil liberties, and, thus, freedom of $800,000 to the owner of a home in tion. It was an ill omen for the admin- movement and action. Antiterrorist measures Houston for 16 losses over 20 years for istration to propose Impact’s elimi- must address all plausible attack scenarios, in- a home that is appraised at less than nation on the very day of the Seattle cluding the delivery of an explosive device by $115,000. more traditional means, such as by ship, rail, earthquake. Communities on the West Coast foot, or automotive vehicle. should be required to upgrade seismic It is time for the administration to The availability of advanced tech- standards in preparation for earth- align its land use, disaster, and infra- nologies has also reached a significant quakes, to place vulnerable coastal structure policies to be supportive level of concern as Russia, China, and areas off limits to development, and to these cost-effective, visionary ap- North Korea, continue to exhibit am- carefully evaluate the long-term effec- proaches. It is time for Congress to bivalent attitudes towards non- tiveness of beach reconstruction and step up to be a full partner, rather than proliferation agreements. fortification. supporting short-term parochial inter- The 2001 Report of the Secretary of ests that only encourage people to live Defense to the President and the Con- b 1245 in harm’s way, waste tax dollars, and gress notes the spread of materials All of these actions should emphasize ultimately make the problem worse. with potential applications to nuclear, appropriate cost-sharing and environ- What better response to this year’s biological, and chemical weapons, and mental sustainability. If State or local Earth Day than a bipartisan coopera- highlights the proliferation of ad- governments have not or will not do tive approach between the administra- vanced long-range delivery systems. their job, then Federal support should tion and Congress to tackle this long- Another study, the Quadrennial De- be phased down. term and growing problem. fense Review 2001 Working Group by Davenport Iowa’s mayor Phil f the National Defense University la- Yerington is correct to point out that UNITED STATES MISSILE ments, and I quote, ‘‘Given the diffu- the residents of his city are not the DEFENSE sion of advanced military technologies only ones who should be subjected to and the proliferation of weapons of scrutiny. While I appreciate FEMA di- The SPEAKER pro tempore (Mrs. mass destruction, one could envision rector Allbaugh’s tough questions, I BIGGERT). Under the Speaker’s an- an adversary armed with longer-range am not convinced that flood walls are nounced policy of January 3, 2001, the missiles and cruise missiles, weapons the only or even the best answer. Of- gentleman from Hawaii (Mr. ABER- of mass destruction, advanced inte- tentimes structural solutions may pro- CROMBIE) is recognized during morning grated air defense systems, and/or so- vide local protection but only increase hour debates for 5 minutes. phisticated anti-ship mines and mis- flooding problems downstream. Passive Mr. ABERCROMBIE. Madam Speak- siles by 2010, if not sooner.’’ flood control systems using wetlands er, with the President making his re- U.S. military forces, then—forward deployed and other natural features may provide marks today on missile defense, I think to temper adversarial behavior and required to better alternatives. we need to recognize unprecedented po- provide both a credible deterrence and an But whatever the approach, people litical challenges loom on the strategic overwhelming response to aggression if need- need to accept the consequences of horizon. Current U.S. defense force ed—face new and multiple challenges, not the their location and development deci- planning is set within an atmosphere of least of which is to consider anew its role in sions. Repetitive flood loss should not great uncertainty. Historic rivals of assisting with defense of national territory. be the sole responsibility of the Fed- the United States, such as the Soviet Set within this context, U.S. strate- eral government. Union and Eastern Bloc nations, have gists are challenged with questions State and local governments should either disintegrated altogether or lost about nuclear strategy and force pos- ensure that zoning regulations and much of their competitive influence. ture, arms control regimes, and missile

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.003 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1669 defense modernization options. Missile International diplomacy and national There is no substitute, and I will re- proliferation has introduced an imme- policy remain an art, not a science. peat it, there is no substitute for com- diate threat to American uniformed Science is fixed and immutable in its prehensive intelligence-gathering and personnel stationed abroad, and consequence, while art, as Andy analysis if the preventative value of brought to the fore the prospect of bal- Warhol said, is what one can get away missile defense is to be maximized. listic missile attack on the United with. Now, there are several points that States as a real possibility within the Congress must guard against allow- should be brought out that can be next 5 to 7 years. ing missile defense systems becoming termed as principles on missile defense. China, Russia, and North Korea each the policy, allowing the technology, in The deployment of missile defense sys- have well-armed missiles capable of effect, to develop its own psychology. tems to protect our country and its in- striking parts or all of the United There is gradually being created in the terests is a decision that should be con- States, and other nations, such as Iran, United States a burgeoning military sidered in the following context. may possess similar technology in the and corporate apparatus dependent in First, missile defense investment not too distant future. large measure on missile defense to ra- must be measured in relation to other This new setting has led some to call tionalize its existence. military requirements. for a new strategic synthesis and a doc- It is imperative, therefore, that the Missile defense must counter a cred- trinal requirement to, in the words of Congress assess the role of missile de- ible threat. Michael Krepon, and I quote, ‘‘reduce fense policy in the overall context of Missile defense will require an inte- the dangers from missiles and weapons national security and economic sta- grated, fully-funded military and intel- of mass destruction in the uncertain bility. The issues are real. The respon- ligence effort, and I will repeat, that period ahead.’’ sibility is ours. reliability and timely intelligence is Still, the view of the threat from f critical to the success of any missile abroad should not create a threat from MISSILE DEFENSE defense system. within. An effort must be made to Missile defense must be proven to avoid strategic decisions that might The SPEAKER pro tempore. Under work through rigorous, realistic test- the Speaker’s announced policy of Jan- antagonize our international competi- ing prior to any final deployment deci- uary 3, 2001, the gentleman from Mis- tors and/or partners, leading them to sions. In other words, it has to work. souri (Mr. SKELTON) is recognized dur- adopt a posture even more belligerent Missile defense must improve overall ing morning hour debates for 5 min- in nature. Krepon suggests, and I United States national security. This utes. quote, ‘‘The net effect of missile de- Mr. SKELTON. Madam Speaker, it is is fundamentally a question as to ployments should be to reinforce reduc- no secret that missile defense is per- whether deploying defenses will en- tions in nuclear forces, reassure allies, haps one of the most significant na- courage opponents to deploy counter- support nonproliferation partners, and tional security issues facing the House offenses, encouraging in the process a reduce the salience of missiles and this year. How our country decides to global missile proliferation race. weapons of mass destruction.’’ pursue reducing that specific threat af- Missile defense must be deployed Thus, the threat to America should fects how much we will be able to with an understanding that those bene- be viewed holistically. It should be spend on other aspects of defense, how fiting from its protection will share in viewed with an eye receptive to the we will deal with our friends and allies, its costs. That is, if the benefits of a benefits of negotiation, diplomacy, and and how America participates in shap- missile defense system are extended to arms reduction possibilities, mindful of ing the world. share with American allies in Europe adversarial intent. The possibility of a I do not oppose missile defense. Nei- or elsewhere, equitable burden-sharing threat does not necessarily deem it ther do many Democrats. But I believe, arrangements need to be made. likely. Whereas missile threats to the as with any aspect of national security, Finally, deployment of missile de- United States and allies indeed exist that our expenditure should be propor- fense will be debated in relation to the and are likely to increase, other tional to the threat posed. provisions of the antiballistic missile threats also remain. America, there- My friend, the gentleman from Ha- defense system. fore, should invest in a force structure waii (Mr. ABERCROMBIE), has laid out Madam Speaker, the whole issue of commensurate with likely threats. some very sound principles by which I missile defense will be a serious issue Above all, consideration of missile de- believe we should proceed in consid- this year. The President is making a fense systems must not acquire a 21st ering our system, and that is a signifi- statement regarding that later today. century Maginot Line mentality. cant one. It is an area where bipartisanship is Calls for nonpartisanship respecting Reducing the missile threat should needed. It is an area that I feel very an issue are generally rhetorical and be a cooperative undertaking involving certain that bipartisanship will hap- strategic in nature as regards their po- the United States, nations that wish us pen, but we need to be thorough and litical origin. Missile doctrine made well, and nations that do not. Every not rush to judgment and do something manifest in congressional policy, how- missile not built is one we do not have that is wrong or inaccurate, or some- ever, cries out for just that approach. to defend against. thing that does not work or meets the No other defense posture is as pregnant Developing our policy should also be threats that are obviously apparent. with controversy and potential for bit- a cooperative process, Madam Speaker. Again, let me commend our friend, ter political conflict. The costs of com- I hope the President will work with the gentleman from Hawaii (Mr. ABER- mitment alone set off warning bells Congress in that effort. This is an area CROMBIE), on his efforts. I look forward throughout the budget spectrum. Dis- where I can assure the President that a to hearing our friend, the gentleman cussion can rapidly descend into con- bipartisanship is possible. from South Carolina (Mr. SPRATT), who frontation and accusation if we do not I look forward to hearing from the has done a great deal of work in this pledge to bring serious, sober consider- expert, the gentleman from South area. ation and resolution to the table. What Carolina (Mr. SPRATT), and I also com- f is needed presently is the equivalent of pliment the gentleman from Hawaii SUPPORTING THE PRESIDENT’S a congressional deep breath. (Mr. ABERCROMBIE) on his seminal work We need to remember the various in this area. I thank him for that. MISSILE DEFENSE INITIATIVE missile launch scenarios are abstract Let me speak first about the threat The SPEAKER pro tempore. Under evaluations and the solutions promul- as it involves military intelligence. the Speaker’s announced policy of Jan- gated in response are visions, for the Missile defense, if nothing else, is at uary 3, 2001, the gentleman from Penn- most part, still on paper and in the the terminal end of military oper- sylvania (Mr. WELDON) is recognized mind’s eye. ations. Its use represents a failure to during morning hour debates for 5 min- Missiles, offensive or defensive, are deter, and perhaps, more to the point, utes. at best a technological answer to a a missed opportunity to have assessed Mr. WELDON of Pennsylvania. military question, not a diplomatic an- accurately intentions and activity of a Madam Speaker, I rise in support of swer to a question of negotiation. potential enemy. the President’s announced speech to

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.006 pfrm01 PsN: H01PT1 H1670 CONGRESSIONAL RECORD — HOUSE May 1, 2001 move forward with missile defense for we have publicly rebuked Russia on co- NATIONAL MISSILE DEFENSE this country. operation of missile defense. The first The SPEAKER pro tempore (Mrs. It is outrageous to me, and it should was after Boris Yeltsin in 1992 accepted BIGGERT). Under the Speaker’s an- be to our colleagues, Madam Speaker, George Bush’s challenge to work to- nounced policy of January 3, 2001, the that 10 years after 28 young Americans gether, and we began the Ross- gentleman from South Carolina (Mr. came home in body bags from Desert Mamedov between our State Depart- SPRATT) is recognized during morning Storm, that we still do not have a ment and the Russian Ministry of For- hour debates for 5 minutes. highly effective theater missile defense eign Affairs. Mr. SPRATT. Madam Speaker, Presi- system to protect our troops. In 1993, when Bill Clinton came into dent Bush will outline today his plan b 1300 office, he abruptly canceled those for national missile defense. I reserve talks. That sent a signal to Russia, we judgment until I hear the speech, but I We have made some progress. We do not want you involved. The second have been following SDI and NMD, Na- have pushed the PAC3 system, to the time was in 1996, when the only cooper- tional Missile Defense, for years; and I extent now where it is about to be de- ative missile defense program between have a few thoughts of mine that I ployed. We have made progress on the this country and Russia, the Ramos want to share with the House, for THAAD program, having had success- project, was canceled by the Clinton whatever they may be worth. ful intercepts three times. We have had administration. I think National Missile Defense, success in our Navy areawide program. It was only because CARL LEVIN, peo- NMD, is worth pursuing, and if it The Israelis have had success with ple like the gentleman from Missouri works, I think it is worth deploying. the Arrow program. We are now mov- (Mr. SKELTON), the gentleman from Ha- But we have not proved that it works, ing together with them on the theater waii (Mr. ABERCROMBIE), and the gen- not yet. In fact, after spending more high energy laser program, which of- tleman from South Carolina (Mr. than $60 billion on missile defense, we fers promising potential for us. We are SPRATT) went to war with the White have learned as much about its limits working with the Europeans, particu- House that we were able to reinvigo- as about its potential. Every form of larly the Germans and Italians on the rate the Ramos program and keep it defense we have explored at great ex- Medium Extended Area Defense Sys- alive, but the signal was sent to Russia pense has been found to be an Achilles tem, or MEADs. we do not want to work with you. heel of one sort or another. Boost- We are making progress, but we still The third example was in 1997, at a phase interceptors can be thwarted by have not had the success that we need. fast-burn boosters or ablative covers. I am convinced that part of that is be- time where almost everyone says the ABM treaty needed to be flexible. The Space-based systems, whether they are cause for the past 8 years we had no lasers or kinetic interceptors move in consensus and leadership from the administration sent its negotiators to Geneva to negotiate two outrageous fixed orbits and can easily be targeted White House pushing this country on and taken out. Sea-based systems are military defense as John Kennedy chal- protocols that would actually tighten up the ABM treaty. One would create constrained by an obvious factor, the lenged America to land on the moon in finite space availability on ships avail- 1960, and 9 years later we did it. demarcation between theater and na- tional missile defense artificial dif- able. Madam Speaker, all of that is chang- We for now settle on ground-based, ing today, as the highest elected offi- ferentiation, the other would be multilateralization of the treaty. mid-course interceptors, which I con- cial in our country comes out solidly in sider to be our clear first choice, the favor of missile defense as a resource The administration knew that nei- ther the House or the Senate, espe- right way to go, but I will be first to for defending our people. tell you that the problem of discrimi- Now, some would say, well, why do cially the Senate would ratify those protocols, but they convinced the Rus- nating warheads from decoys and chaff we worry about missiles when a ter- is a daunting problem that is a long rorist can take a truck bomb and do sians that that was our position. Even though the Constitution requires the way from being resolved. the same thing? Well, we are concerned We have spent 18 years and $60 billion administration to submit those kinds about terrorists activities. In fact, that since Mr. Reagan made his speech; and of changes to the Senate for their ad- is why in our committee we have if we have learned anything, it is that vice and the consent for 3 years, the plussed up funding for work-related to missile defense is not likely to render administration never did that, because chemical and biological terrorism sig- nuclear weapons impotent and obso- they knew the Senate would not ratify nificantly over the past several years; lete. It may enhance deterrence, I be- them. but the fact is the weapon of choice by lieve it will; but it is not likely to re- The Russians for the third time were Saddam Hussein to kill 28 young Amer- place deterrence. icans was not a truck bomb. It was, in tricked in their mind, tricked into be- There is, however, a threat, a threat fact, a low-complexity SCUD missile lieving that America really was serious of an unauthorized or accidental at- that sent those young Americans, half about cooperating with them. tack, a threat of a rogue attack, exist- of them from my State, back home in When the Duma included those two ing and emerging, and I think it would body bags to be buried by their fami- protocols, the part of START II ratifi- be wise to have a missile defense sys- lies. cation last spring, all of a sudden our tem to meet that threat. But we have Some say we cannot rush to judg- Senate said no way are we now going to recognize, we have to be realistic ment on national missile defense, and I to pass START II, because the Duma and recognize that a rogue or unau- can tell my colleagues what the Presi- did what the administration did not do. thorized attack can well come in an dent is going to offer is a layers ap- They attached the protocols to the unconventional manner and probably proach, much like we have advocated, ABM treaty, as additions to the will, rather than by missile with the where we deploy those quickest pos- START II treaty, something that we sender’s signature written all over it, sible technologies that are proven and would never accept in this country. and that threat, the threat of nuclear tested to give us some short-term capa- It is no wonder the Russians do not weapons in the hands of parties bility. trust us. If I were in Russia today, I undeterred by our ability to strike I say it is about time that we begin would not trust America’s intentions back, is a very real threat best opted at deploying technologies that can assist in missile defense either. It is time to its source. us. Some of our colleagues will say, get beyond that. We can, in fact, re- If we strike ahead to defiantly on our wait a minute, the Russians will be build a trust that we have lost and let own abrogate the ABM treaty and de- backed into a corner. I say that is hog- the Russians know that missile defense ploy any defense systems that we want wash. Yes, the Russians do not trust us is not about backing them into a cor- to deploy, we may very well jeopardize today. ner. the arms control measures that make Madam Speaker, I would say if I were Missile defense is for Americans, for us secure and make ourself less secure a Russian today, I would not trust Europeans, for Russians, and for all rather than more. America either on missile defense, be- peaceloving people on the face of the Now, I think that ground-based inter- cause three times in the last 10 years, Earth. ceptors are the first right step. We

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.007 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1671 build the SBIRs-Low system anyway. fort founded on consensus and not just come forward and lead the House in the We are working on a technology here on the unilateral position that his ad- Pledge of Allegiance. with ground-based interceptors that ministration is pursuing. Mr. BARCIA led the Pledge of Alle- are complementary to the technology f giance as follows: we use for theater missile defense sys- I pledge allegiance to the Flag of the RECESS tems. Everybody agrees that is a need United States of America, and to the Repub- we need to develop; and it will be The SPEAKER pro tempore. Pursu- lic for which it stands, one nation under God, proved to be useful, I think, to have a ant to clause 12 of rule I, the Chair de- indivisible, with liberty and justice for all. system on the ground which can be clares the House in recess until 2 p.m. f tested continually and improved incre- Accordingly (at 1 o’clock and 10 min- INTRODUCTION OF GUEST CHAP- mentally. utes p.m.), the House stood in recess LAIN, DR. LAUDIS H. LANFORD But having said that, having said until 2 p.m. (Mr. CHAMBLISS asked and was that, I want to say, I do not think we f given permission to address the House should be so zealous to deploy any sys- b 1400 for 1 minute and to revise and extend tem that we deploy a substandard sys- AFTER RECESS his remarks.) tem that has not been tested and test- Mr. CHAMBLISS. Mr. Speaker, it is ed rigorously or else we will find our- The recess having expired, the House indeed a privilege and a pleasure for selves on a rush to failure. was called to order by the Speaker pro me to have Dr. Laudis H. Lanford as Finally, I think we need to be real- tempore (Mr. HASTINGS of Washington) the guest chaplain in the House today. istic. We are soon going to get a de- at 2 p.m. My good friend, Rick Lanford, is vice fense budget from the Pentagon. We f president for development at the Meth- are told it could be to $200 billion to odist Home for Children and Youth in $300 billion to $400 billion more than PRAYER Macon, Georgia, where he is affection- the $2 trillion we have already provided Dr. Laudis H. Lanford, The Methodist ately known as ‘‘Daddy Rick.’’ in the FYDP for the next 6 years. We Home for Children and Youth in Dr. Lanford is a graduate of Emory need to be realistic about not only the Macon, Georgia, offered the following University in Atlanta and Candler acquisition costs but the life cycle prayer: School of Theology, where he received costs of a ballistic missile system. The Lord be with you, and for our a Master of Divinity, and the McCor- I do not think NMD deserves a trump Jewish friends, Sh’ma Yisrael Adonai mick School of Theology, where he re- card in our budget. It is time, I think, Elohanu, Adonai Echad. ceived a Doctor of Ministry. that we in the Congress and elsewhere Oh Lord, my God, how majestic is Rick’s love of the Lord is exhibited in in the government stopped treating Your Name in all the earth. Your hand- his everyday life, but no place more BMD, ballistic missile defense, as a po- iwork is to be exalted and praised be- than in his work with the 110 orphaned litical totem. That is what it has be- fore the people. How awesome You are and abused children at the Methodist come, a political totem like no other in everything and everywhere. Your Home. weapon system we have ever seen. love for us is greater than the east is Rick has made a strong commitment It is time for us to start treating this from the west, yes greater than the to his community and his State. He is just as any other weapon system. It number of stars in the sky and grains chaplain for the Macon City Police, the does not need cheerleaders. It does not of sand along our shores. Bibb County, Monroe County, and need pallbearers, what BMD, what Humble us this day, O God, that we Jones’ County Sheriff’s Department. NMD needs is candor. It needs to be might pause and recognize who You are He is also chaplain for the Georgia held to the same standards of feasi- within our lives and reflect upon the Sheriff’s Association and serves on the bility, cost effectiveness as every other bountiful blessings that You bestow Gang Awareness Task Force Com- weapon system we buy and deploy. upon us. mittee. If we are going to sell this system to Forgive us when we have failed to be Dr. Lanford changes lives of young others, our allies, our adversaries, our obedient to You, both in word and people in our part of the State every former adversaries, to Russia, we need deed. And forgive us when we have not day. I am proud to have him here to have unity or some cohesion among heard the cry of the needy. Forgive us, today, but I am even more proud to ourselves, bipartisan unity. O God, when we have not loved our call him my good friend. I think if we stay within these neighbors as ourselves. And free us for f bounds, we can build that kind of bi- joyful obedience to You and service to partisan consensus. We should never others. AUTHORIZING THE SPEAKER TO lose sight of this fundamental fact. We And like Jabez, we call upon You, the DECLARE A RECESS ON WEDNES- have got a rough, rocky relationship God of Israel, saying, O that Thou DAY, MAY 2, FOR THE PURPOSE with the Russians right now, but we wouldest bless us indeed, enlarge our OF RECEIVING FORMER MEM- are making progress. coast, that Thine hand might be with BERS OF CONGRESS While we can work with Russia, we us; that Thou wouldest keep us from Mr. HEFLEY. Mr. Speaker, I ask should work with Russia to secure evil, and that it may not grieve us. unanimous consent that it may be in their missile systems, to secure their Grant, O God, that which we humbly order on Wednesday, May 2, for the nuclear and fissile materials. And bear request. Charge to keep I have, a God Speaker to declare a recess, subject to this in mind, a critical point, through to glorify, a never dying soul to save, the call of the Chair, for the purpose of programs like Nunn-Lugar and the Co- and fit it for the sky. receiving in this Chamber former Mem- operative Threat Reduction Program, In the name of the Father, and of the bers of Congress. we have helped to deactivate so far Son, and of the Holy Spirit. Amen. The SPEAKER pro tempore. Is there 5,288 Russian warheads, 419 long-range f objection to the request of the gen- missiles, and 367 silos. These numbers, tleman from Colorado? what we have accomplished under THE JOURNAL There was no objection. these cooperative programs, dwarf the The SPEAKER pro tempore. The f number of warheads that even the most Chair has examined the Journal of the robust NMD system could have handled last day’s proceedings and announces PENSION REFORM or could have stopped. to the House his approval thereof. (Mr. PITTS asked and was given per- We have only begun in that effort. Pursuant to clause 1, rule I, the Jour- mission to address the House for 1 We do not want to diminish that effort nal stands approved. minute and to revise and extend his re- and leave ourselves less secure rather f marks.) than more secure, that is why I plead Mr. PITTS. Mr. Speaker, retirement to the President not just for the state- PLEDGE OF ALLEGIANCE is something every American needs to ment of policy, but also for balance and The SPEAKER pro tempore. Will the prepare for, but with the prices of ev- also ask him to make a bipartisan ef- gentleman from Michigan (Mr. BARCIA) erything from college educations to

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.009 pfrm01 PsN: H01PT1 H1672 CONGRESSIONAL RECORD — HOUSE May 1, 2001 gasoline as high as they are, putting Economic Studies found that approxi- COMMUNICATION FROM THE HON- away money is difficult for many mately 60 percent of African Americans ORABLE PHIL ENGLISH, MEMBER Americans. It is not made any easier favored school choice. According to a OF CONGRESS by a government that takes about 40 bipartisan poll for the National Edu- The Speaker pro tempore laid before percent away in taxes. cation Association conducted in Feb- the House the following communica- This week, the House is going to vote ruary, 63 percent of Americans say tion from the Honorable PHIL ENGLISH, on a bill to make retirement easier for they support President Bush’s ap- Member of Congress: working Americans. We are going to proach to school choice. CONGRESS OF THE UNITED STATES, increase IRA contribution limits from Moreover, school choice programs in HOUSE OF REPRESENTATIVES, $2,000 a year to $5,000. We are going to Milwaukee, Wisconsin, and Florida Washington, DC, April 27, 2001. Hon. J. DENNIS HASTERT, increase the limit on 401(k) contribu- have met with significant success. tions to $15,000. And we are going to Speaker of the House, Capitol Building. Howard University’s Jay P. Greene DEAR MR. SPEAKER: Effective April 27, 2001, allow people close to retirement an ad- found that since Florida’s A-Plus I hereby resign from the Committee on ditional $5,000 in catch-up contribu- school choice program began, student Small Business. If you have any questions tions to their 401(k)’s. test scores have improved across the regarding this matter, please ask your staff Helping people keep more of their board. There is evidence that the A- to call my Administrative Assistant, Bob own money so they can invest it and Plus program has compelled failing Holste at 5–5406. Sincerely, retire comfortably is a cause every schools in Florida, now under the Member of this body should support. PHIL ENGLISH, threat of losing their students, to im- Member of Congress. We have not increased IRA limits in 20 prove performance. years. This legislation is long overdue. f It is our responsibility to empower Yes, Republicans passed this legisla- COMMUNICATION FROM THE HON- parents to make the right decision for tion before; but this time we have a ORABLE RICHARD A. GEPHARDT, their children’s future. President who will sign the bill. This DEMOCRATIC LEADER time it will become law. I thank the f The SPEAKER pro tempore laid be- President for joining us in doing the fore the House the following commu- right thing. nication from the Honorable RICHARD VIEQUES, PUERTO RICO f A. GEPHARDT, Democratic Leader: ABOLISH THE IRS (Mr. ACEVEDO-VILA´ asked and was CONGRESS OF THE UNITED STATES, given permission to address the House HOUSE OF REPRESENTATIVES, OF- (Mr. TRAFICANT asked and was FICE OF THE DEMOCRATIC LEADER, given permission to address the House for 1 minute and to revise and extend Washington, DC, April 30, 2001. for 1 minute and to revise and extend his remarks.) Hon. J. DENNIS HASTERT, his remarks.) Mr. ACEVEDO-VILA´ . Mr. Speaker, I Speaker of the House, House of Representatives, Mr. TRAFICANT. Mr. Speaker, a am here to reaffirm the commitment of Washington, DC. DEAR MR. SPEAKER: Pursuant to section government investigation said that the the Government of Puerto Rico to find IRS gave, quote-unquote, wrong infor- 1404 of Public Law 99–661 (20 U.S.C. 4703), I a solution to the situation in Vieques. hereby appoint the following individual to mation 50 percent of the time. In addi- While we work toward that end, I must the Board of Trustees of the Barry Gold- tion, they say one-third of all calls to bring to your attention recent unfortu- water Scholarship and Excellence in Edu- the IRS go unanswered. nate events. The gentleman from Illi- cation Foundation: Mr. Ralph M. Hall, Unbelievable. According to my math, nois (Mr. GUTIERREZ) was more than Texas. the IRS is upside down about 80 per- one of 150 protestors who committed Yours Very Truly, cent of the time. If that is not enough the misdemeanor offense of trespassing RICHARD A. GEPHARDT. to give your 1040 a hernia, the IRS on Federal lands. Some 72 hours after f says, give us more money and we will being arrested, our colleague was still APPOINTMENT OF MEMBERS TO solve our problems. Beam me up. The detained. This after being denied a BRITISH-AMERICAN INTER- IRS does not need more money. Con- phone call for more than 24 hours and PARLIAMENTARY GROUP gress has got to abolish the IRS. having spent a night on a rock strewn The SPEAKER pro tempore. Without A recent national poll says 70 percent floor of an abandoned roofless dog ken- objection, and pursuant to 22 U.S.C of American taxpayers favor the Tau- nel in the rain. I am outraged by the 2761, the Chair announces the Speak- zin-Traficant 15 percent national sales treatment of the detainees by Federal er’s appointment of the following Mem- tax. No more forms, no more tax on authorities and the use of excessive bers of the House to the British-Amer- capital gains, savings, investment, edu- force against peaceful protestors. ican Interparliamentary Group: cation, inheritance. Think about it. I must address those who have used Mr. PETRI of Wisconsin; and And the IRS is abolished. the issue of Vieques to call into ques- Mr. GALLEGLY of California. I yield back those stumbling, fum- tion Puerto Rican commitment to the There was no objection. bling, bumbling, nincompoops at the defense of this great Nation and the f IRS. principles it represents. For over 100 f ANNOUNCEMENT BY THE SPEAKER years, Puerto Ricans have served with PRO TEMPORE SCHOOL CHOICE WORKS distinction and paid the ultimate sac- The SPEAKER pro tempore. Pursu- (Mr. HEFLEY asked and was given rifice for the United States during war time. I quote Deputy Secretary of De- ant to clause 8 of rule XX, the Chair permission to address the House for 1 announces that he will postpone fur- minute and to revise and extend his re- fense Paul Wolfowitz, who said last week, ‘‘The patriotism of Puerto ther proceedings today on each motion marks.) to suspend the rules on which a re- Mr. HEFLEY. Mr. Speaker, children Ricans is absolutely certain. Their con- tribution to our military individually corded vote or the yeas and nays are should not be trapped in a failing ordered, or on which the vote is ob- school where they cannot possibly is extraordinary.’’ With the same spirit that Puerto Rican soldiers have de- jected to under clause 6 of rule XX. reach their fullest educational poten- Any record votes on postponed ques- fended democracy and justice around tial. That is why H.R. 1 includes a tions will be taken after debate has the world, today we defend the rise of school choice program that enables concluded on all motions to suspend the more than 9,000 U.S. citizens that parents to send their children to an- the rules, but not before 6 p.m. today. live in Vieques. other school, public or private, after 3 f years of chronic failure. Vieques is not a partisan issue. It is Public support for school choice is no longer a Puerto Rican issue. RECOGNIZING IMPORTANCE OF strong, especially among African Vieques is an issue of health, environ- INCREASING AUTISM AWARENESS Americans. A survey conducted in 1999 ment, and human rights. Paz para Mr. GREENWOOD. Mr. Speaker, I by the Joint Center for Political and Vieques. move to suspend the rules and agree to

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.012 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1673 the concurrent resolution (H. Con. Res. propriately respond to the rising number of dents, including those students suf- 91) recognizing the importance of in- autism cases in our schools; fering from autism, whatever they creasing awareness of the autism spec- (7) urges Federal, State, and local govern- needed. In return, this body agreed to trum disorder, and supporting pro- ments to allocate sufficient resources to pay 40 percent of the cost of this Fed- teacher training initiatives to alleviate the eral mandate, and it may come as little grams for greater research and im- shortage of appropriately trained teachers proved treatment of autism and im- that have the skills and support necessary to surprise to many of us, the Federal proved training and support for indi- teach, assist, and respond to the special Government has not paid its share of viduals with autism and those who care needs of autistic students in our school sys- the tab, but we have been sure to fully for them. tems; and enforce our local school’s obligation to The Clerk read as follows: (8) recognizes the importance of worker pay theirs. training programs that are tailored to the This bill recognizes that fact and H. CON. RES. 91 needs of developmentally disabled persons, moves this Congress closer to honoring Whereas the Autism Society of America, including those with autism, and notes that its word. It is time we provided every Cure Autism Now, the National Alliance for autistic persons can be, and are, productive dollar of support for our autistic stu- members of the workforce if they are given Autism Research, Unlocking Autism, and dents in public schools to which we are numerous other organizations commemorate appropriate support, training, and early April 27 as Autism Awareness Day and April intervention services. obligated. as Autism Awareness Month; Mr. DOYLE. Mr. Speaker, I yield my- The SPEAKER pro tempore. Pursu- self such time as I may consume. Whereas autism is a developmental dis- ant to the rule, the gentleman from order that is typically diagnosed during the Mr. Speaker, as the cochairman of Pennsylvania (Mr. GREENWOOD) and the first three years of life; the Congressional Coalition for Autism Whereas autism has robbed at least 400,000 gentleman from Pennsylvania (Mr. Research and Education, it is my honor Americans of their ability to communicate DOYLE) each will control 20 minutes. to speak in support of House Concur- and interact with others; The Chair recognizes the gentleman rent Resolution 91 which recognizes Whereas autism affects at least 1 in every from Pennsylvania (Mr. GREENWOOD). and commends parents and families of 500 children in America; b 1415 autistic children for their sacrifices Whereas autism is 4 times more likely in and loving dedication to the demanding boys than in girls, and can affect anyone re- GENERAL LEAVE gardless of race, ethnicity, or other factors; Mr. GREENWOOD. Mr. Speaker, I needs of caring for an autistic loved Whereas the cost of specialized treatment ask unanimous consent that all Mem- one. Mr. Speaker, I want to recognize and in a developmental center for autistic per- bers may have 5 legislative days within thank the gentleman from New York sons is approximately $80,000 per individual which to revise and extend their re- per year; (Mr. ENGEL), my colleague on the Com- Whereas the cost of special education pro- marks on H. Con. Res. 91, and include mittee on Energy and Commerce, for grams for school-aged children with autism extraneous materials. allowing me to manage the time; and I The SPEAKER pro tempore (Mr. is often more than $30,000 per individual per want to thank the gentleman from New year; HASTINGS of Washington). Is there ob- Jersey (Mr. SMITH), cochairman of the Whereas the cost nationally of caring for jection to the request of the gentleman persons affected by autism is estimated at Coalition for Autism Research and from Pennsylvania? Education, for introducing this resolu- more than $13 billion per year; and There was no objection. tion and for his support of autism Whereas, despite the fact that autism is Mr. GREENWOOD. Mr. Speaker, I awareness legislation such as last one of the most common developmental dis- yield 3 minutes to the gentleman from orders, many professionals in the medical year’s ASSURE Act, which had the Georgia (Mr. NORWOOD). and educational fields are still unaware of support of nearly 200 Members of Con- Mr. NORWOOD. Mr. Speaker, I rise the best methods to diagnose and treat the gress and is now public law. disorder: Now, therefore, be it today to support this legislation for Autism is a family of closely related Resolved by the House of Representatives (the two very important reasons: One is a disorders commonly known as autism- Senate concurring), That the Congress— grandchild of Lurla and Richard Mane spectrum disorders. No matter what (1) supports the goals and ideas of Autism of Augusta, Georgia, who is an autistic particular disorder, autism is a dev- Awareness Day and Month; child. The Manes are dear friends, and astating, lifelong impairment of child- (2) recognizes and commends the parents I have watched as they and their fam- and relatives of autistic children for their hood development that significantly ily have struggled with autism over the impacts the lives of those affected, as sacrifice and dedication in providing for the years. special needs of their autistic children and well as the lives of parents and rel- absorbing significant financial costs for spe- Mr. Speaker, it is my humble opinion atives. Autism deprives children of cialized education and support services; that there are far too many American their ability to interact with others in (3) supports the goal of increasing Federal families suffering the effects of autism ordinary ways. It robs them of the funding for aggressive research to learn the on a family member, with far too little means to understand and commu- root causes of autism, identify the best being done to search out the cause of nicate, and destroys normal reasoning methods of early intervention and treat- autism, or for effective treatments. It ment, and promote understanding of the spe- skills. Autism forever changes the lives seems that no one really cares about of individuals affected, and resonates cial needs of autistic persons; autism until their child or a friend’s (4) urges the Department of Health and deeply throughout the social, economic Human Services to continue to press for the child has autism. and spiritual lives of all family mem- swift and full implementation of the Chil- This disease affects nearly half a mil- bers. dren’s Health Act of 2000, particularly the es- lion Americans, yet there are no FDA- Mr. Speaker, this disorder affects tablishment of not less than three ‘‘Centers approved treatments. There are no nearly 1.7 million Americans, with re- of Excellence’’ at the Centers for Disease clear diagnostic tests to even accu- cent evidence pointing to a prevalence Control and Prevention and not less than rately determine when the disease ex- rate that one out of every 150 to 170 five ‘‘Centers of Excellence’’ at the National ists. Properly directed Federal research children born has an autism-spectrum Institutes of Health, in order to monitor the aid holds the promise of correcting prevalence of autism at a national level, disorder. Autism does not discriminate. leading to a better understanding of autism these deficiencies. We have failed to It affects all races and economic status and related disorders; provide that direction in the past. Let with equal veracity. The disorder is (5) stresses the need to begin early inter- us not fail again in this regard. more common than Down’s syndrome, vention services soon after a child has been Mr. Speaker, the second reason I sup- muscular dystrophy, cystic fibrosis and diagnosed with autism, noting that early port this bill is that it recognizes and many forms of childhood cancer. intervention strategies, including Applied calls for action on one of the most glar- The symptoms usually become appar- Behavioral Analysis, are the primary thera- ing injustices of this body; namely, our ent by the first 2 years of life, with peutic options for young autistic persons; failure to live up to our word for dis- nearly 75 percent of cases occurring in (6) supports the goal of federally funding 40 abled children. percent of the costs of the Individuals with the second year as normal reasoning Disabilities Education Act to States and When we passed the Individuals with skills fail to develop. The other 25 per- local school districts, recognizing that the Disabilities Education Act, known cent of cases usually occur in the 12-to- inadequacy of this funding has adversely af- around here as IDEA, we ordered our 24-month time period in which they re- fected the ability of school districts to ap- local schools to provide disabled stu- gress and typical autism behavior

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.015 pfrm01 PsN: H01PT1 H1674 CONGRESSIONAL RECORD — HOUSE May 1, 2001 emerges. It is the latter ‘‘regressive au- special education, transportation to Mr. GREENWOOD. Mr. Speaker, I tism’’ cases that have been linked to special programs, respite care, housing yield 41⁄2 minutes to the gentleman the measles, mumps and rubella vac- and special programs for adults with from New Jersey (Mr. SMITH), the co- cination. autism, over the course of a year, it is founder of the Autism Coalition and a Most disturbing is the fact that we estimated that autism costs Pennsyl- leader in helping to solve the problems simply don’t know what causes autism vania $50,000 per person. of children with this malady. and autism-spectrum disorders, nor do In my view, Mr. Speaker, Congress Mr. SMITH of New Jersey. Mr. we know any cure for the disorder. But must confront the rising problem of au- Speaker, I want to thank the gen- the number of those afflicted continues tism on three fronts: cause, cure, and tleman for yielding me this time, and to grow. For those of us who have not quality of life. thank him on behalf of his good work experienced autism directly in our We must continue Federal funding of for autistic children. families, it may be difficult to truly advanced research into the suspected Mr. Speaker, I also thank the gen- comprehend just how demanding and causes of the disorder, including efforts tleman from Pennsylvania (Mr. stressful raising a child with autism aimed at investigating the connection DOYLE), the cochairman of the Coali- can be on a family. between late-onset autism and measles tion for Autism Research and Edu- Just last Friday, during the first coa- vaccinations, and identifying the ge- cation (C.A.R.E.). It is a privilege to lition information briefing, I heard a netic and biologic basis of suscepti- work with him, and I thank the gen- description of autism that, as a father bility to autism. tleman for his work and the work his of four children, really hit home for We must continue to fund research staff has been doing. me. Mr. Speaker, imagine that tonight into the cures for the disorder that for Mr. Speaker, we have 119 members on while here in Washington, someone se- the time being have helped us better the Coalition for Autism Research and cretly entered my colleague’s home identify and treat autism. Ongoing re- Education, CARE, and I hope my col- and replaced my colleague’s son or search has shown that the effects of au- leagues who might be watching in their daughter with another child that tism can be mitigated if proper steps offices and their staffs would look into looked exactly like their son or daugh- are taken to identify the disorder at joining this coalition. We are trying to ter, but did not speak or acknowledge the earliest age possible, and cor- mobilize Congress in a bipartisan way responding intervention programs are when his or her name was called; who on behalf of autistic children and applied. found parental affections painful and adults and their families, who are in We must also improve the quality of repulsive. Imagine, Mr. Speaker, if that life for individuals with autism, while great need of our support. child changed overnight and remained Mr. Speaker, I thank the gentleman not turning our back on quality re- that way forever. This is autism, my search into the causes and treatment. from Louisiana (Mr. TAUZIN) and the friends. gentleman from Ohio (Mr. BOEHNER) I have had a long-standing working Autism lasts a lifetime, and often chil- dren with the disorder outlive parents. and the majority leader for releasing relationship with autism advocacy This creates a burden on the health this resolution to the floor. It was re- leaders both here in Washington and in care and social service systems nation- ferred to their respective committees, Pittsburgh. The impact of autism on wide, one that they are ill-prepared to the Committee on Energy and Com- families and individuals was first carry. We need to care for and educate merce and the Committee on Edu- brought to my attention by Mr. Dan autistic children and adults, and pro- cation and the Workforce. The major- Torisky. Dan and I met in my early vide properly trained staff and edu- ity leader and the committee chairman days in politics when I worked for a cators to meet the highly complex and worked together to get the resolution State senator, and from the first day I specialized needs of these individuals. to the floor. met Dan, I was impressed with his tire- It is important that we take appro- Mr. Speaker, I thank the gentleman less and tenacious attitude towards priate steps to reduce the disability as- from Pennsylvania (Mr. GREENWOOD) finding a cure for autism. Dan was a sociated with autism so that more indi- for his work on behalf of this, and the past two-term national president of the viduals can work and live semi-inde- gentleman from Indiana (Mr. BURTON), Autism Society of America, and re- pendently. who held a very important hearing on mains one of the most amazing advo- Mr. Speaker, it makes good sense to the issue of autism, trying to get to cates for autism that I have ever met. invest in research now, and passage of the core reasons as to what is causing Dan knows autism on a very personal House Concurrent Resolution 91 is an it. level. Dan’s son, Eddie, is autistic; and important step because it presses for Mr. Speaker, I thank the gentleman like all families across America strug- full implementation of the Children’s from Florida (Mr. BILIRAKIS), who was gling with autism, from day one, Dan Health Act of 2000, now Public Law 106– the prime sponsor of the Children’s and his late wife, Connie, simply want- 310. Particularly important is the es- Health Act which contained title I ed their son to have as normal a life as tablishment of up to three additional which sets up the Centers of Excel- possible. The Toriskys gave me my Centers of Excellence in Autism at the lence. Many of us worked on that lan- first comprehensive educational lesson Centers for Disease Control and Pre- guage, and we were very pleased when on what it meant for a family to live vention, and up to five more Centers of the gentleman made that title I of his with autism. I realized that the voices Excellence to complement the ongoing very important health care initiative. of local researchers, advocacy leaders, biomedical research of the existing 10 b 1430 and parents needed to be heard by Con- NIH Collaborative Programs in Excel- gress so that they, too, could be edu- lence in Autism. Mr. Speaker, H. Con. Res. 91 calls at- cated about the needs for more ad- It is vital that we in Congress fund tention to one of the major public vanced and dedicated research. research programs without taking health issues of our time, the develop- Most importantly, I understand how away much-needed funding to pay for mental disorder called autism. Last frustrated parents of autistic individ- new programs. I believe that any ex- Friday (April 27), as Members probably uals are when it comes to their legacy. pansion of research programs must know, parents and families of autistic Who will care for their autistic child come with a corresponding expansion children from all over the country when they are no longer here? of funding dollars. came down to Washington to mark the Mr. Speaker, the cost associated with Mr. Speaker, we have a responsibility second annual Autism Awareness Day caring for and providing critical serv- to help families dealing with autism. and to raise awareness of the chal- ices to individuals with autism can be We must do our share because autism lenges and sacrifices families make on phenomenal. In my home State of is not terminal, and 1.7 million fami- behalf of their loved ones. H. Con. Res. Pennsylvania, the Autism Society of lies are a growing and strong testa- 91 calls attention to autism and tries America estimates that we have 73,686 ment that life not only goes on, but it to dedicate this Congress, this body, individuals with autism-spectrum dis- can flourish, given strong support and this House, to supporting efforts to orders, which translates into about 0.6 an advocacy network. treat and to eventually cure autism. In percent of the total population. If you Mr. Speaker, I reserve the balance of the meantime, we need to at least miti- take into account early intervention, my time. gate its occurrence.

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.018 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1675 Mr. Speaker, it is not an exaggera- lives have been affected by autism. mercury is a toxic substance that hurts tion to say that autism spectrum dis- Often these parents suffer as the young people, especially children, and it orders may be the silent epidemic of children do not speak, do not make eye builds up in your system as you get our time. It is silent because this de- contact and withdraw from them so- more and more of it. velopmental disorder has robbed at cially. This legislation provides a call Anyhow, within just a couple of days least 400,000 children of their ability to for increased awareness of autism. It after getting nine shots in one day, the communicate and interact with their commends the courage of parents, rec- MMR shot which has been referred to families and their loved ones. It is si- ommends early intervention, and en- by the gentleman from Pennsylvania lent because there are currently no courages training and support for par- (Mr. DOYLE) and many shots including operational autism registries in the ents, teachers, and professionals who mercury, he started flapping his arms, Nation to tell us how many people are work with autistic children. While once running around banging his head actually afflicted with this disorder. children with autism may have been against the wall, he had obstructions Conventional wisdom and passive re- institutionalized, now early interven- in his bowel, he had chronic diarrhea, porting suggests that autism affects at tions can unlock the worlds of these he walked around on his toes, and he least one in every 500 children in Amer- children. has not been normal since. ica. Much of the recent anecdotal evi- In my home State of Utah, one of the The interesting thing about this is dence, however, suggests that autism greatest challenges in expanding serv- that I found out after seeing this in my rates are significantly higher, some say ices to children with autism is a lack grandson, that not too long ago one in closer to one in every 250 children. We of adequate resources. Many children 10,000 children in this country were au- have got to get to the bottom of the are denied services due to a lack of tistic. One in 10,000. Now it is between numbers but more importantly the space. These are the services which 1 in 250 and 1 in 500. The gentleman why of it. Why is this exploding on our have helped other children learn to from New Jersey (Mr. SMITH) just said scene in America today? What is the interact with family and to combat the we have an epidemic on our hands. We cause? What is the pathway? Is it envi- debilitating effects of autism. Cur- really do have an epidemic. In the life ronmental? Is it an immunization rently in Utah, there is a call to estab- span of a child who is autistic, the cost shot? Nobody really knows. There are a lish an Autism Center for Excellence, a is going to hit this economy to the lot of theories, but not much when it new school with the space, the trained tune of about $5 million each. Each. comes to getting to the bottom of the personnel, the teachers, the social And if 1 in every 250 to 500 children are why of it. workers, and the researchers all en- autistic, we better darn well pretty Mr. Speaker, let me just say to my gaged in helping these children and soon find out the cause. Our health colleagues, I was brought into this 21 families escape their isolation and in- agencies really are not doing much. years ago by a Dr. Holmes who runs the tegrate into society. They are appropriating very, very lit- Eaton Institute in Princeton, a very, The Carmen B. Pingree School will tle money in research into autism. very important, dedicated person who be the first systemic program in the We have a growing body of scientists has done so much, has literally written Nation to help children with autism de- and doctors who have testified before books and books on the issue of au- velop from preschool through the ele- my committee and the Congress that tism. But more recently it was a fam- mentary grades. It will provide these are saying that mercury is a contrib- ily, Bobbi and Billy Gallagher in Brick early services, and it will engage in uting factor to autism and Alzheimer’s. Town, New Jersey who came to me and progressive research. It is my hope We have a growing number of people said, ‘‘We think we have an elevated that this legislation will provide some who have Alzheimer’s in this country. number of autistic cases in Brick of the needed impetus for the recogni- They are getting shots with mercury in Township, New Jersey.’’ They brought tion of autism. Hopefully it will be the them. I got a vaccination here by the evidence. They had done their own sur- beginning of many efforts across the doctor at the Capitol and I found out, vey, finding that there may be as many Nation to create centers of excellence he did not know it, he is a great doctor, as 4 per 1,000 rather than the estimates like the Carmen B. Pingree School to a fine fellow, but he did not know there of 2 per 1,000 in that municipality. We bring crucial services into the lives of was mercury in the vaccine. How many then invited the CDC and ATSDR in children with autism. of my colleagues got vaccines this year and they did an empirical, very sci- Mr. GREENWOOD. Mr. Speaker, I to protect themselves against the flu, entific study. yield 3 minutes to the gentleman from flu vaccine? If you got one, you got The bottom line is that they brought Indiana (Mr. BURTON), the chairman of mercury in your vaccination. That is a forth information that suggested an the Committee on Government Reform. contributing factor according to a lot elevated incidence of prevalence that Mr. DOYLE. Mr. Speaker, I yield 1 of scientists and doctors to Alzheimer’s exceeded what was supposedly the minute to the gentleman from Indiana and to autism in kids. We need to find norm. CDC and ATSDR found, about 4 (Mr. BURTON). out why they are putting mercury in per 1,000 children had autism, and in The SPEAKER pro tempore (Mr. vaccines. It does not have to be in the spectrum, 6.7 per 1,000 children this HASTINGS of Washington). The gen- there. We have a supply of vaccines was much higher than what we antici- tleman from Indiana is recognized for 4 that will take care of our children pated. This study may indicate that minutes. across this country that does not con- there is a cluster of children with au- Mr. BURTON of Indiana. Mr. Speak- tain mercury. Yet if you have three tism in Brick Township, but this study er, I thank the gentleman from Penn- shots in one vial, they put mercury in may portend a much higher incidence sylvania (Mr. GREENWOOD) for yielding as a preservative. The mercury is very occurring throughout the country. me this time. I would like to congratu- toxic and may be, and we believe it is, We need to spend more money on late the gentleman from New Jersey a contributing factor to autism. this. This resolution at least puts us on (Mr. SMITH) and the gentleman from All I can say is that the FDA and record as saying it is important to us, Pennsylvania (Mr. DOYLE) for HHS and all of our health agencies we want to get to the bottom of it, and cochairing the Autism Caucus. need to get on the stick and get things we want to see implementation of title I did not know much about autism, like mercury and aluminum and form- I of the Children’s Health Act. except it was a disease of some kind aldehyde out of the shots we are giving Mr. DOYLE. Mr. Speaker, I yield 2 that afflicted a lot of kids and some our children and out of the shots we minutes to the distinguished gen- adults until it happened to my grand- are giving adults. I just want to tell tleman from Utah (Mr. MATHESON). son. One day he was normal, starting Members that every parent, every Mr. MATHESON. Mr. Speaker, I am to talk, walking, great kid. He got nine grandparent in this country ought to pleased to speak today as a member of shots in one day. Nine shots in one day. be concerned about what is going into the Congressional Autism Caucus and Many of the shots he received had mer- their children’s bodies. Not too long to voice my support of House Concur- cury in them. Most people do not know ago the FDA took any topical dressing rent Resolution 91. The challenges of that when their kids are vaccinated, you put on your skin, they took mer- autism have been brought to my atten- many of the shots they get have thi- cury out of them because it would tion by parents and families whose merosal in them. It is mercury and leach into the skin and could cause a

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.049 pfrm01 PsN: H01PT1 H1676 CONGRESSIONAL RECORD — HOUSE May 1, 2001 problem. Yet they still give shots to be mainstreamed into his elementary income, life-style and educational lev- our children that contain mercury school next year. But that is not the els do not affect the occurrence of au- today. As we speak, children are get- complete solution. We do need to find tism. ting mercury injected into their bodies out the causes of autism. We do need to b 1445 with vaccines. find a cure. It is with dedicated Mem- That is wrong. It should not happen. bers of Congress like those here today Mr. Speaker, in this county we look It should not happen. That is why we in that we will be able to work together forward to the future. We plan for the the Congress ought to know everything with researchers and parents to make future. We look at our children as the we can about what is going into our sure that we find that cure and elimi- future. With the children’s future in children. Our children get 26 shots by nate autism. mind, I urge my colleagues to support the time they go to school. Many con- Mr. GREENWOOD. Mr. Speaker, I this legislation and make sure that tain these toxic substances. It should yield 21⁄2 minutes to the gentlewoman that ribbon which has the puzzle pieces not happen. I personally believe that is from Maryland (Mrs. MORELLA). in it has those puzzle pieces come to- what caused my grandson’s autism, Mrs. MORELLA. Mr. Speaker, I gether with research. and I believe parents across the coun- thank the gentleman for yielding me Mr. GREENWOOD. Mr. Speaker, I try feel the same way. I do not know this time. I want to thank the gen- yield myself such time as I may con- how many hundreds of parents I have tleman from New Jersey (Mr. SMITH) sume. talked to, thousands of parents I have for introducing this resolution. I want (Mr. GREENWOOD asked and was talked to who had the same experience to thank him and I want to thank the given permission to revise and extend that we had in our family; and it is gentleman from Pennsylvania (Mr. his remarks, and include extraneous something that should not happen. DOYLE) for cochairing the Congres- material.) I want to thank the gentleman from sional Autism Caucus. I am proud to be Mr. GREENWOOD. Mr. Speaker, the Pennsylvania (Mr. DOYLE) and the gen- a member, also. other speakers, my colleagues, the gen- tleman from New Jersey (Mr. SMITH) Also, I want to point out that the tleman from Pennsylvania (Mr. for what they are doing. I want to gentleman from Indiana (Mr. BURTON) DOYLE), the gentleman from New Jer- thank the 113 members that have who chairs the Committee on Govern- sey (Mr. SMITH), the cofounders of the joined the caucus, and I hope all 435 ment Reform on which I serve has real- coalition, have outlined the agonies Members join the caucus and put every ly been exploring through committee that parents go through when they find bit of pressure we can as well as re- hearings the dramatic rise in autism that their children suffer from autism. sources into the health agencies to rates and what we can do about it. It is just that those precious moments solve this problem. What was once considered a rare dis- in the upbringing of a child, as the Mr. GREENWOOD. Mr. Speaker, I ease affecting one in 10,000 children child begins to communicate, there is a yield 2 minutes to the gentlewoman now, as we have heard now, is esti- glimmer of recognition of the child, of from my home State of Pennsylvania mated to affect one in 500 children, his siblings, of the world around him or (Ms. HART). some say one in 250, in the United her, and the joy of beginning to sing Ms. HART. Mr. Speaker, I thank the States. with their children and to teach them gentleman from Pennsylvania (Mr. Over 500,000 people in the United their ABCs and to read to them and to GREENWOOD) for yielding time. I also States today have some form of au- laugh with them. It is just at that time rise in support of House Concurrent tism. The estimated prevalence rate of in the development of a child that this Resolution 91. I think there are some autism now places it as the third most terrifying phenomenon occurs, and bright spots in dealing with the issue common developmental disability, that is closing down where suddenly of autism. Some of them are due to the more commonly occurring than Down’s the child begins to just turn away and fact that this Autism Caucus was cre- syndrome. Unfortunately we found fall away from the grasps of the par- ated 7 years ago. through these hearings that there is al- ents, not beyond their love but cer- There has been a great increase in most no existing data on causes or tainly beyond their ability to commu- public education and information on links to causes of autism in children. nicate. It is a heartbreaking event. the disorder. Parents have become We found that there is a real need to The parents in my district and in my much more active and involved in help- fully understand the actual incidence colleagues’ districts around the coun- ing us to get the word out. The caucus of autism and autism spectrum dis- try, many of them decided to turn has been designed to show that autism orders. For example, we need to better their anguish into action. They decided is a major children’s health issue. Peo- understand what if any is the link be- that the thing to do was to see if this ple are beginning to understand how tween vaccines and acquired or late process that we are engaged in here in important it is. onset autism. I have no doubt of the Washington actually works. They came Based on the dedicated work of the need for more autism research that to Washington and they said, we need caucus, there have been 10 research will lead to better treatment options legislation to try to cure this disease, programs funded throughout the coun- and cures and the need for more prac- to find out what causes it, to find out try in addition to five comprehensive tice-based research to evaluate current how to treat it, to find out how to diag- autism centers providing clinical and treatment options. nosis it, to teach doctors how to recog- educational outreach as well as exten- Autism or autism spectrum disorder nize this disease. They came and we in- sive research. One of the best programs is not only simply a learning disability troduced legislation in the last session is the University of Pittsburgh-Car- or developmental delay, it is a medical and the session before that. It took a negie Mellon Collaborative Program of condition, a neurobiological disorder. lot of perseverance on the part of these Excellence in Autism, or CPEA. It The Autism Society of America defines parents and these families coming to works in conjunction with the Univer- autism as a complex developmental Washington over and over again, sity of Pittsburgh Center for Autism disability that typically appears during through all of our press conferences, Research. These researchers are going the first 3 years of life. Children and coming to their Members from around to be part of the key to solving the adults with autism typically have dif- the country to persuade them to join problems of autism. ficulties in verbal and nonverbal com- forces with us; but they succeeded. But aside from the research, it is munication, social interactions and lei- For a while it was a little bit fright- awareness and community awareness. I sure or play activities. The disorder ening because the autism bill became a want to give special recognition to makes it hard for them to commu- children’s health act as one disease Renee Georgi, a constituent in my old nicate with others and relate to the after another was added to the legisla- Senate district who has a son with au- outside world. tion. There was some fear that maybe tism. They discovered very early that Mr. Speaker, I want to know why au- this thing was growing so big that it her son had autism and because of tism is four times more prevalent in would be too expensive and too hard to some of the research and some of the boys than girls, when in fact autism pass; but as it turned out, it created developments in educating young peo- knows no racial, ethnic or social momentum to parents of children with ple with autism, her son will be able to boundaries, and it appears that family all kinds of conditions who helped to

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.021 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1677 pass this legislation; and we passed it DEPARTMENT OF HEALTH AND HUMAN want to make sure that we fund and and it was a wonderful, magnificent ex- SERVICES, PUBLIC HEALTH SERV- continue to fund the 10 existing centers ample of how our political process can ICE, NATIONAL INSTITUTES OF as we put the five new ones online. actually work in this country. HEALTH, This comes down to a matter of fund- Bethesda, MD, May 1, 2001. ing. We are blessed this year to be The problem was, or the problem be- Hon. JAMES GREENWOOD, came, that now we had to go to the House of Representatives, looking at surpluses in this budget. next stage, and that is the implementa- Washington, DC. Surely, we want to make sure we are tion. This bill calls for the creation of DEAR MR. GREENWOOD: Thank you for the not robbing from Peter to pay Paul and opportunity to discuss implementation of five Centers of Excellence geographi- that as we put these new centers online the autism title of the Children’s Health Act that we find the funding to do that, cally distributed throughout the coun- of 2000 with you, members of your staff, and try where parents can take their chil- without taking any funding away from representatives of Cure Autism Now in your the research that needs to take place dren, when they suspect there might be office last Friday. I commend you for your a problem of this kind, for diagnosis; legislative leadership and your personal at the existing centers. where they can get them involved in commitment to focusing federal resources on Mr. Speaker, I hope we have a strong the latest clinical trials; where there research that will lead to a better under- showing of votes in favor of this resolu- are the best researchers, the best doc- standing of this terrible illness and eventu- tion for the 1.7 million individuals liv- ally better treatment for those who bear its ing with this disorder, of which 400,000 tors, the best experts in the country all burden. I also want you to know that all of located to get to the bottom of this dis- are children. us at the National Institutes of Health (NIH) In closing, I urge passage of House ease, and to provide real hope for the share your commitment. Concurrent Resolution 91, encourage parents that their children can I particularly appreciated your patience my colleagues who have not yet joined progress and hopefully some day be and objectivity in listening to NIH’s plans the Coalition for Autism Research and cured of this. for meeting the goals of the Act. As my col- leagues and I explained, investigators per- Education Caucus to please do so. It turned out it was going to take forming autism research represent a rel- Mr. WAXMAN. Mr. Speaker, I rise in support years, literally years, to get these Cen- atively small field of science. We believe the of H. Con. Res. 91. Over the past few years ters of Excellence up and running, and field needs to be broadly developed and also there has been increasing interest in autism. that is not what Congress intended, invigorated by new researchers with exper- How prevalent is it? What causes it? How do and that was unacceptable. tise that may expedite and enhance sci- you treat it? Can we prevent it? During Con- entific discoveries. At the same time, NIH Just last week during the rally, some wants to facilitate the work of outstanding gressional hearings, we have heard heart- parents and I, upset about all of this, researchers currently in the field by pro- wrenching stories from parents about the called into my office from the Depart- viding additional resources to them, includ- shock of hearing the diagnosis of autism, ment of Health and Human Services ing the establishment of the Centers of Ex- about the battles to find appropriate schooling, the National Institutes of Health Act- cellence described in the Act. and about the desperate search for treatments ing Director Ruth Kirschstein, and we Toward carrying out the Act’s provisions, and cures. One father told us that he has to NIH is in the process of implementing a drive 12 hours every month to take his son to said that it was unacceptable that multi-stage approach to autism research. An these Centers of Excellence would be important part of our approach is the solici- treatment. The testimony of these parents postponed a couple of years. I am tation, through a recent Request for Applica- have provided us with crucial information nec- pleased to report today that we made tions (RFA), for investigators interested in essary for a better understanding of the im- magnificent progress in that meeting, receiving NIH support to develop research pacts of this disease and what our research and I take my hat off to Dr. excellence in autism. Separately, NIH will priorities should be. Kirschstein for the commitment that also accept applications from current inves- We have also heard the testimony of some she made that day. The commitment tigators who believe they have sufficient ex- clinicians who are reporting increasing diag- pertise to coordinate and manage Centers of that she made is that just 6 weeks from noses of autistic children in their clinics. CDC Excellence, as authorized by the Act. NIH researchers have told us that they do not have now, by mid-June, June 15 to be pre- will clarify in a public notice issued within cise, the National Institutes of Health the next ten days that applications will be good data on the number of cases of autism, will put out the request for applica- accepted for this latter endeavor; we intend whether the number is going up and, if it is, tions for the Centers of Excellence. By to issue a separate RFA for Centers of Excel- by how much. It is important to determine how the end of the year, all of those appli- lence by June 15, 2001. Of course, applications pervasive this disease is and whether the cations will be in and by next year we for both development grants and Centers of rates are, in fact, increasing. Many research- will be prepared to the tune of $12 mil- Excellence grants must undergo and pass ers have suggested that environmental factors NIH’s peer review process. may contribute to autism. Understanding if lion, which is their commitment to In addition, I assure you that NIH will fund these Centers of Excellence. strive to fully fund the Centers of Excellence there is an increase in incidence and when that increase began may give us some clues So finally this process that these par- within the parameters of the Act. to what environmental factors could be to ents have been so engaged in and so I will keep you informed as we proceed. My colleagues and I will answer any additional blame. many of my colleagues have been so questions you might have in the future re- Researchers have also testified at our hear- committed to will actually come to garding implementation of the Act, as well ings that much about the causes of autism re- fruition, and around the country hope- as any other queries regarding the state of mains unknown and that treatment options are fully we will be able to stand with autism research in general. Again, thank limited. And we know that there is no known these parents and their children and you for inviting us to discuss this matter. cure for this disease. cut the ribbons to these centers and Please let me know if I can be of additional assistance. We have heard some positive things as have the children walk in and meet well. Recently, several genes associated with their new doctors and their new thera- Sincerely, RUTH L. KIRSCHSTEIN, M.D., autism have been identified. Last week, re- pists so that in future years we will be Acting Director. searchers from NIH, the March of Dimes, and able to report to our colleagues in the Mr. Speaker, I yield back the balance the MIND Institute at the University of Cali- House and to the rest of the country of my time. fornia, Davis, announced that they may have that this has worked; that not only did Mr. DOYLE. Mr. Speaker, I yield my- found a biological marker for autism that we get a bill passed, but we got it im- self such time as I may consume. would allow for the identification of autism ear- plemented and we got the money spent Mr. Speaker, in closing I just want to lier in life, before the onset of symptoms. This and we got the experts working side by thank my friend and colleague, the could lead to better diagnoses of autism, ear- side with the parents on behalf of these gentleman from Pennsylvania (Mr. lier interventions, which are critical for a more children and, in fact, we can hopefully GREENWOOD), who has really been one successful outcome, and perhaps the dis- see the day where these children will of the leaders in this Congress for the covery of therapies for the disorders. begin to come out of these mental pris- cause of autism, and my good friend, Despite these recent advances, answers are ons in which they have been held cap- the gentleman from New Jersey (Mr. not coming quickly enough for the parents of tive so cruelly for so many years. SMITH). I think we all feel the same autistic children who live with these conditions Will that day not be a day for great way. We do not want to take five steps every day, many of whom have tried every celebration? forward and go 10 steps backward. We available treatment and intervention and who

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 9920 E:\CR\FM\K01MY7.023 pfrm01 PsN: H01PT1 H1678 CONGRESSIONAL RECORD — HOUSE May 1, 2001 are running out of options. It is our obligation As a result of autism, an estimated 400,000 may not have been a common disease during to these parents and to their children that we Americans have lost the ability to commu- my childhood, the Center for Disease Control do everything we can to ensure that the best nicate and interact with others, although many and Prevention estimated that autism rates possible research is conducted quickly and states do not track the numbers. The cost of have increased from affecting 1 in 10,000 chil- thoroughly by appropriating the money author- caring for people afflicted with autism is esti- dren to its current rate of 1 in 500 children. If ized under the Children’s Health Act and mated to be more than $13 billion per year. autism is not affected by race, ethnicity, socio- through other authorities of the NIH. In the I firmly support the goals and ideas of Au- economic, and educational factors, then what meantime, while we wait for answers, we need tism Awareness Day and Month. A generation does affect the increasing rate of autism? Only to help parents of these children get the free ago, most people with autism were housed in continued research can begin to fully answer and appropriate education to which their chil- institutions. With the appropriate support most this question. dren are entitled by fully funding the Individ- families are able to take care of their autistic Autism is a disease that paralyzes commu- uals with Disabilities Education Act. child at home. Others move into group homes, nication, and we cannot afford to paralyze our Many questions about autism remain unan- assisted living or residential facilities. own communication between the medical swered. What we do know, however, is that I recognize and commend the parents of au- community, the government sector, and those we are not yet doing enough to help these tistic children for the sacrifices and dedication affected by autism. Accordingly, the Com- children. I hope that the current attention they show in providing for the special needs of mittee on Government Reform has recently being given to this devastating disease reflects their autistic children and absorbing the signifi- held a number of hearings that have deter- a renewed commitment on the part of Con- cant financial costs for specialized education mined that there is a lack of support for bio- gress and can bring new hope to families liv- and support services. Special education costs medical research into the causes, prevention, ing with autism. for a child with ASD are over $8,000 per year, and effective treatments of autism. This re- Mr. REYES. Mr. Speaker, I rise today in with some specially structured programs cost- search is essential to our ability to help those strong support of H. Con. Res. 91, a resolu- ing about $30,000 per year, and care in a resi- who are affected by this disease. These hear- tion recognizing the importance of increasing dential school costs $80,000–100,000 per ings have also discovered that there may be awareness of autism spectrum disorders, and year. a significant link between certain childhood supporting programs for greater research and I support increased federal funding for re- vaccines and autism. It is still much too early improved treatment of autism and improved search to learn the causes of autism, identify to draw any concrete conclusions about this training and support for individuals with autism the best methods of early intervention and relationship, but I am confident that by working and those who care for them. I commend my treatment, and promote understanding of the with the FDA, NIH and the CDC, we can begin colleague from New Jersey, Mr. SMITH, for in- special needs of autistic persons. I also sup- to learn more about autism. troducing this resolution. port the goal of federally funding 40 percent of It is gratifying that our colleagues, the gen- We owe a debt of gratitude to national orga- the costs of the Individuals with Disabilities tleman from New Jersey, Mr. SMITH and the nizations such as the Autism Society of Amer- Education Act (IDEA) to states and local gentleman from Pennsylvania, Mr. DOYLE are ica, Cure Autism Now, Unlocking Autism, and school districts, because the funding inad- co-chairing the Congressional Caucus on Au- others that have done a tremendous job with equacy has adversely affected the ability of tism. This caucus will have to build support for limited resources in their efforts to help par- school districts to serve the rising number of essential autism research. Accordingly, I urge ents and relatives of individuals with autism autism cases. Nationally, in 1989–99, the last my colleagues to support this important reso- disorders. These groups have long been in- year for which data is available, IDEA served lution. volved in research as well as in the develop- only about 35,000 students, 4300 in Texas. Mr. FERGUSON. Mr. Speaker, I am hon- ment of improved treatments for autism. Their This is only a portion of those who need such ored to be here in support of H. Con. Res. 91, local affiliates, like the Southwest Chapter of services. following the 2nd Annual Autism Awareness the Autism Society in El Paso, are a beacon I urge swift implementation of the Children’s Day. This resolution calls attention to one of of hope for many families that have few places Health Act of 2000, particularly the establish- the major public health issues of our time—the to turn to for help. I personally want to thank ment of at least three ‘‘centers of excellence’’ developmental disorder called autism. the Southwest Chapter in my district for pro- at the Centers for Disease Control and Pre- Autism has affected the lives of an esti- viding help and networking for local families vention and at least five centers at the Na- mated 400,000 children—one in five hun- that are often overwhelmed by dealing with dred—and altered their ability to interact and autism disorders. tional Institutes of Health, in order to monitor It is time for Congress to step up to the the prevalence of autism at the national level. communicate with family and loved ones. De- plate and provide more tools for these fami- Furthermore, although there is no medical spite the tremendous impact on families, we lies, and to provide the necessary resources cure for autism, it is crucial that we provide still lack adequate information on this condi- for education and increased research. H. Con. early intervention services soon after a child tion. In fact, we have no scientific records to Res. 91 is about helping families. For those of has been diagnosed with autism. Such serv- indicate exactly how many children have au- you who have a member of the family with au- ices result in dramatically positive outcomes tism, or the degree to which they are affected. tism, and for those of you assisting these fam- for young children with autism, helping many Information on the cause and treatment of au- ilies, this resolution is a signal that we in Con- to eventually live and work independently in tism is also severely limited. Despite the fact gress understand the need to tackle autism the community and become productive citi- that autism is one of the most common devel- disorders head on and work together to find zens. opmental disorders, many professionals in the better ways to treat autism, to expand federal Mr. Speaker, together we can make a dif- medical and education fields are still unaware research, to improve access to a community- ference. of the disorder. based education and support services, and ul- Mr. GILMAN. Mr. Speaker, I rise today in Awareness is the key to this important timately, to find a cure. support of H. Con. Res. 91, which recognizes issue. Specialists do know that early interven- Mr. Speaker, I once again want to thank the importance of increasing our nation’s tion services can dramatically improve a Congressman SMITH for introducing this reso- awareness of the autism spectrum disorder, child’s long-term prospects, if autism is de- lution, and I urge all of my colleagues to vote and supporting programs for greater research tected at an early age. In many cases, early in support of this important effort. and improved treatment of autism and im- intervention can determine if a child is able to Ms. JACKSON-LEE of Texas. Mr. Speaker, proved training and support for individuals with speak. While the cost of educating a child with I rise in support of House Concurrent Resolu- autism and those who care for them. autism is expensive, no price tag can be tion 91, which recognizes the importance of in- Autism impacts our society in a myriad of placed on a child’s future. creasing awareness of the autism spectrum ways. By supporting funding for research and H. Con. Res. 91 is a step in the right direc- disorder, and in support of programs for great- increasing education and awareness, we can tion because it supports greater research and er research and improved treatment and train- begin to effectively fight this devastating dis- improved treatment of autism. In addition, this ing. ease. It is important to understand how autism legislation appropriately asks for improved Autism is a development disorder that is is defined, why the autism rate is increasing at training and support for individuals with autism typically diagnosed within the first three years an alarming rate, and how we can support ef- and those who care for them. of life. It does not discriminate based on family fective research that will benefit those who are As a member of the Autism Caucus, I ap- income, lifestyle or educational level. Its cause affected by autism. plaud Chairman CHRIS SMITH’S leadership on is essentially unknown. Its prevalence rate Autism is a disease that affects an individ- this important issue. My fellow New Jersey makes autism one of the most common devel- ual’s ability to communicate and interact with colleague has displayed hard work and dedi- opmental disabilities. people and their environment. While autism cation as the Chair of the Autism Caucus and

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 9920 E:\CR\FM\A01MY7.022 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1679 he is the reason that this legislation is before Mr. Speaker, I commend the House leader- cation services and gave her approval to us today. I urge you to join our efforts in sup- ship for helping to raise awareness on autism move forward her proposal. port of legislation that will significantly improve by bringing H. Con. Res. 91 to the floor, and She was granted a sabbatical from her the lives of thousands of children. I strongly encourage my colleagues to pass teaching position, which she spent studying at Mr. COSTELLO. Mr. Speaker, I rise today in this resolution and join the efforts in finding a Lesley University in Cambridge, Massachu- strong support of H. Con. Res. 91. Autism, a cure. setts. She received her masters in special brain disorder that affects 1 to 2 in every Mr. UNDERWOOD. Mr. Speaker, I rise in education focusing on autism in just over a 1,000 Americans, too often results in a lifetime strong support of House Concurrent Resolu- year’s time and returned to Guam in 1991, to of impaired thinking, feeling, and social func- tion 91, which recognizes the importance of in- work with the superintendent of special edu- tioning. This disability has no racial, ethnic, or creasing awareness, support, and research for cation establishing a program for school chil- social boundary and usually appears in the the autism spectrum disorder. I would like to dren with autism. In 1995, she was recognized first three years of a child’s life. thank my colleagues, Congressman SMITH of as Guam’s Teacher of the Year for her efforts. In Fairview Heights, Illinois, the Illinois Cen- New Jersey and Congressman DOYLE of But, shortly thereafter, the Guam super- ter for Autism was established in 1977 to pro- Pennsylvania for their leadership in introducing intendent special education retired and so did vide a Special Day School program. At the this important legislation. the program. time, it was serving eight children with autism. In my district of Guam, 28 children with au- Since then, she has worked with other par- Today, the Illinois Center for Autism has tism are enrolled in Guam’s public school sys- ents of children with autism to fight for the pro- helped prevent the institutionalization of hun- tem and 20 families are members of the Au- gram she initiated in 1991. Guam’s parents dreds of people with autism and has assisted tism Society of Guam. Today I would like to and education professionals continue to advo- them to become productive members of soci- take this opportunity to share one mother’s cate for appropriate programs for adults and ety. I commend the center for its continuing challenge of raising a child with autism. children with autism. Their efforts have re- commitment to autism and dedication to serv- At two years of age, Jay, who is the fourth sulted in the introduction of Bill 60 in the ice. child of the Flores family in Guam, was able Guam Legislature to appropriate funding for Mr. Speaker, it is important to support the to speak in full sentences with clear articula- autistic adults. In addition, one school in goals and ideas of Autism Awareness Day tion. One day he stopped talking. He began to Guam recently began offering a preschool pro- and Month and support the goal of increasing have severe regression, which was noticed at gram for children with autism. However, the federal funding for aggressive research on au- age three. He was not able to make any original autism program has not been fully in- tism. I recognize the parents and relatives of bowel movements without suppositories. He tegrated in the school system and many are autistic children and hope this legislation gives messed up his bed and played with his feces. still not receiving appropriate services. them optimism for their children. The Illinois He gradually lost the many skills he learned in Jay’s mother and other mothers and fathers Center for Autism in my district is one exam- school. He displayed many difficult behaviors, of children with autism, established the Autism ple of true achievement, and I commend the and was unmanageable in school and at Society of Guam, which was chartered in center for its continuing commitment to autism home, alternating between violent and with- 1989. The Society’s mission is to promote life- and dedication to service. For these reasons, drawn behavior. His sleep pattern was erratic long access and opportunity for all individuals I support this legislation. and he averaged only about three to four with autism spectrum disorders and their fami- Ms. ROS-LEHTINEN. Mr. Speaker, as an hours of sleep each night. He also required a lies through education, advocacy, the pro- original cosponsor, I would like to express my lot of prompting to do self-help skills. motion of research and increased awareness, strong support for H. Con. Res. 91, and I com- As Jay became older, he also became the establishment of residential facility, sup- mend my colleague and author of this legisla- worse. He began running into the street and ported employment, and early intervention pro- tion, CHRISTOPHER SMITH, for addressing the getting inside neighbors’ homes. He also was grams, so that individuals with autism may be- importance in promoting an increased aware- very self-abusive, banging his head and hitting come fully participating members of their com- ness of autism spectrum disease disorders. himself so his arms and legs were bleeding. munities. Autism is a brain disorder that impacts an He cried constantly. Around the clock, family Due to the efforts of parents and profes- individual’s ability to respond appropriately to life revolved around Jay. His mother sought sionals over the years, autism is locally recog- an environment and to form relationships. It solutions to his problems. Unfortunately, our nized as one of the most challenging disabil- affects at least 1 in every 500 children in system in Guam did not understand Jay’s situ- ities encountered by educators. As you may America, and some studies suggest even 1 in ation. As his mother worked with Jay’s teach- know, Guam’s school system is struggling to 200. The number of children who are diag- ers to provide the most appropriate program meet the basic needs of all students with lim- nosed with autism has escalated dramatically for him, his education seemed to become just ited resources. But awareness of autism is and, in Florida, approximately 50 percent of a series of fragmented services. At that time, growing and Guam’s schools are realizing the children suffering from autism reside in my Guam’s teachers did not have the training nor need for support services for children with au- community of South Florida. were they knowledgeable about autism. Jay’s tism, including: one-to-one aide assistance, My good friends, Charles and Patience mother was able to locate a school that spe- speech and language therapy, occupational Flick, have two children, Bonnie and Willis, cialized in teaching children with autism. She therapy, counseling, transportation, home who have autism. This development disorder was able to work assertively with Guam’s spe- component services and leisure education. has robbed Bonnie and Willis of their ability to cial education school officials to send Jay to And though many educators on Guam are in- communicate and interact with their family school in Boston as no schools in Guam were creasing in the experience of educating chil- members and playmates. Fortunately, Bonnie able to provide specialized education for chil- dren with autism, few receive proper training and Willis are able to afford the little treatment dren with autism. to gain a comprehensive understand of the and intervention that exists, but many families At the Boston school, Jay was able to re- problems associated with autism or are prop- living with this disorder are not as fortunate. ceive the appropriate service needed to teach erly trained to provide effective therapy to chil- As a Member of the House Autism Caucus, children with autism. His overall behavior is dren with autism. and as a strong supporter of H. Con. Res. 91, now in sharp contrast to the behavior shown Autism is a developmental disorder that is I am committed to raise awareness on autism, before he was given a chance to receive this not fully understood. Although the cost of to work toward an increase of $6 million for education. His aggressive behavior has re- treatment and special education of individuals the National Institutes of Health, and an addi- duced. His artistic talent was nurtured and he with autism is high, the results of individuals tional increase of $5 million for the Centers for is able to play some musical instruments and living without appropriate treatment and edu- Disease Control and Prevention. has mastered some academic skills. cation are even higher. Approximately, I support the goals and ideas of Autism Jay’s mother, a teacher by profession, be- 400,000 Americans have been robbed of their Awareness Day and Month, which are: to came a strong advocate of the effectiveness ability to communicate and interact with oth- begin early intervention services for children of this Higashi program, which was developed ers. As autism continues to affect at least 1 in with autism, federally fund 40 percent of the by Dr. Kiyo Kitahara of Japan. She learned as 500 children in our country, it continues to de- costs of the Individuals with Disabilities Edu- much as she could from methods from his serve our greatest support. cation Act to States and local school districts, teachers and wrote a proposal to Guam’s De- Mr. Speaker, it is for this reason I stand in and recognize the importance of worker train- partment of Education about developing a pro- strong support today and urge my fellow col- ing programs that are tailored to the needs of gram for autistic students. Guam’s education leagues to join in the efforts to increase developmentally disabled persons, including officials realized what a contribution her pro- awareness, support and research of the au- those with autism. posal would bring to improve the special edu- tism spectrum disorder. I would also like to

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 9920 E:\CR\FM\A01MY7.016 pfrm01 PsN: H01PT1 H1680 CONGRESSIONAL RECORD — HOUSE May 1, 2001 take this opportunity to recognize the efforts of tives. I was pleased to work with both of them SECTION 1. SPECIAL MANAGEMENT REQUIRE- MENTS FOR FEDERAL LANDS RE- Jay’s mother, Jelly Flores, President of the to enact children’s health legislation I spon- CENTLY ADDED TO CRATERS OF THE Autism Society of Guam and the officers and sored in the last Congress, which included MOON NATIONAL MONUMENT, Board of Directors of the Society: Rosalina provisions they authored to significantly in- IDAHO. Wirkunnen, First Vice President; Lou Bascon, crease federal resources in the fight against (a) REDESIGNATION.—The approximately Second Vice President; Flor Paule, Secretary; autism. 410,000 acres of land added to the Craters of the Maritess Maulit, Treasurer; assistants Autism is a brain disorder that most com- Moon National Monument by Presidential Proc- lamation 7373 of November 9, 2000, and identi- Remedios Camilsola and Lirio Mondina; and monly begins in early childhood and persists fied on the map accompanying the Proclamation board members, Beverly Bacera, Dolly throughout adulthood. Autism impacts the nor- for administration by the National Park Service, Montano, Panchito Maulit, Carol Somerflec, mal development of the brain in the areas of shall, on and after the date of enactment of this Rupert White, Leonardo Paule, Dr. Nerissa social interaction and communication skills. Act, be known as the ‘‘Craters of the Moon Na- Bretania-Shafer, Gericka Tate and Jesus Children and adults with autism typically have tional Preserve’’. Bacera, for their heroism and heartfelt commit- difficulties in verbal and non-verbal commu- (b) ADMINISTRATION.— ment to fighting for the rights of individuals nication, social interactions, and leisure or play (1) IN GENERAL.—Except as provided by para- graph (2), the Craters of the Moon National Pre- with autism. I also would like to acknowledge activities. The disorder makes it hard for them serve shall be administered in accordance with— the efforts of Julian and Beka Martinez in their to communicate with others and to relate to (A) Presidential Proclamation 7373 of Novem- unceasing work to bring attention to this condi- the outside world. ber 9, 2000; tion here in Washington, D.C. Mr. Speaker, autism is a national crisis af- (B) the Act of June 8, 1906, (commonly re- Mrs. ROUKEMA. Mr. Speaker, I rise today fecting over 400,000 families and costing the ferred to as the ‘‘Antiquities Act’’; 34 Stat. 225; in strong support of H. Con. Res. 91, Recog- nation over 13 billion dollars each year. Ac- 16 U.S.C. 431); and nizing the importance of increasing awareness cording to recent studies, as many as 1 in (C) the laws generally applicable to units of the National Park System, including the Act en- of the autism spectrum disorder, and sup- every 500 children affected by this disorder. titled ‘‘An Act to establish a National Park porting programs for greater research and im- Any parent can tell you that nothing is more Service, and for other purposes’’, approved Au- proved treatment of autism. heart-wrenching than watching your own child gust 25, 1916 (16 U.S.C. 1 et seq.). Autism is a developmental disability that suffer with an illness. As a father and grand- (2) HUNTING.—The Secretary of the Interior generally appears between 15 and 20 months. father myself, I know how terrible that can be. shall permit hunting on lands within the Cra- Autism affects boys five times more than it af- Today, however, we have a rare opportunity to ters of the Moon National Preserve in accord- fects girls, although girls are generally more do something that will give hope to families af- ance with the applicable laws of the United severely affected. In the United States, over States and the State of Idaho. The Secretary, in fected by autism. consultation with the State of Idaho, may des- one half million individuals live with autism, I urge all of my colleagues to join me in ignate zones where, and establish periods when, making it more prevalent than Down Syn- supporting passage of H. Con. Res. 91. no hunting may be permitted for reasons of pub- drome, childhood diabetes, and childhood can- Mr. DOYLE. Mr. Speaker, I yield lic safety, protection of the area’s resources, ad- cer combined. back the balance of my time. ministration, or public use and enjoyment. Ex- Last year the Children’s Health Act was The SPEAKER pro tempore (Mr. cept in emergencies, any regulations prescribing signed into law. This important bill authorized HASTINGS of Washington). The question such restrictions relating to hunting shall be put among other worthy goals: is on the motion offered by the gen- into effect only after consultation with the State of Idaho. Additional NIH ‘‘Centers of Excellence’’ to tleman from Pennsylvania (Mr. GREEN- study autism and the ‘‘Centers of Excellence WOOD) that the House suspend the rules The SPEAKER pro tempore. Pursu- in Autism Epidemiology.’’ and agree to the concurrent resolution, ant to the rule, the gentleman from Provides for training and education grants to H. Con. Res. 91. Colorado (Mr. HEFLEY) and the gen- professionals who provide care for patients The question was taken. tleman from Guam (Mr. UNDERWOOD) with autism. The SPEAKER pro tempore. In the each will control 20 minutes. Provides grants to states that want to estab- opinion of the Chair, two-thirds of The Chair recognizes the gentleman lish their own autism programs. those present have voted in the affirm- from Colorado (Mr. HEFLEY). This year we must fund the programs to ative. GENERAL LEAVE their full amount. Mr. SMITH of New Jersey. Mr. Mr. HEFLEY. Mr. Speaker, I ask Another area that is greatly impacted by au- Speaker, on that I demand the yeas unanimous consent that all Members tism is special education. For many years and nays. may have 5 legislative days within Congress has been struggling to increase The yeas and nays were ordered. which to revise and extend their re- funding for IDEA. I am happy to say that in the The SPEAKER pro tempore. Pursu- marks, and included extraneous mate- last six years we have done better but there ant to clause 8 of rule XX and the rial, on H.R. 601, the bill presently is much more to do. We are still well short of Chair’s prior announcement, further being considered. the federal funding of level of 40 percent. The proceedings on this motion will be The SPEAKER pro tempore. Is there federal government must fulfill its commitment postponed. objection to the request of the gen- so every special child has access to a quality tleman from Colorado? education. f There was no objection. April was Autism month. Families with autis- Mr. HEFLEY. Mr. Speaker, I yield tic children visited many congressional offices such time as he may consume to the CRATERS OF THE MOON NATIONAL last week. Anyone who met with these loving gentleman from Idaho (Mr. SIMPSON), MONUMENT families know the courageous struggles that to explain H.R. 601, which he intro- they endure everyday. We must do everything Mr. HEFLEY. Mr. Speaker, I move to duced. we can to help these brave children and their suspend the rules and pass the bill Mr. SIMPSON. Mr. Speaker, I thank families. H. Con. Res. 91 reaffirms Congress’ (H.R. 601) to ensure the continued ac- the gentleman from Colorado (Mr. commitment to finding a cure for autism and I cess of hunters to those Federal lands HEFLEY) for yielding me the time. urge its passage. included within the boundaries of the Mr. Speaker, on November 9, 2000, Mr. BILIRAKIS. Mr. Speaker, I am delighted Craters of the Moon National Monu- former President Bill Clinton issued that the House is considering H. Con. Res. 91 ment in the State of Idaho pursuant to Presidential Proclamation 7373 to ex- today. Among its provisions, this resolution ex- Presidential Proclamation 7373 of No- pand the boundaries of the Craters of presses our strong support for the goal of in- vember 9, 2000, and to continue the ap- the Moon National Monument. Prior to creasing federal funding for autism research plicability of the Taylor Grazing Act to Clinton’s proclamation, the monument, and treatment programs. It also emphasizes the disposition of grazing fees arising which was established by President the need to begin early intervention services from the use of such lands, and for Coolidge in 1924, comprised 54,440 acres. for children with autism. other purposes, as amended. Former President Clinton’s procla- I want to commend my colleagues, Con- The Clerk read as follows: mation expanded the boundaries to in- gressmen CHRIS SMITH and JIM GREENWOOD, H.R. 601 clude approximately 661,287 acres of ad- for their dedicated efforts to improve aware- Be it enacted by the Senate and House of Rep- ditional Federal land. The area is man- ness and understanding of autism while work- resentatives of the United States of America in aged by the Secretary of Interior ing to expand research and treatment initia- Congress assembled, through the National Park Service and

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.020 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1681 the Bureau of Land Management. The Mr. UNDERWOOD. Mr. Speaker, I to support the bill as amended; and I National Park Service manages ap- yield myself such time as I may con- congratulate the gentleman from Idaho proximately 410,000 acres of the expan- sume. (Mr. SIMPSON) for his work. sion, while the Bureau of Land Man- (Mr. UNDERWOOD asked and was b 1500 agement manages the remaining 251,000 given permission to revise and extend acres. When the monument was ex- his remarks.) Mr. Speaker, I yield back the balance panded, it was understood both by the Mr. UNDERWOOD. Mr. Speaker, H.R. of my time. congressional delegation and by the 601 would provide for hunting on the Mr. HEFLEY. Mr. Speaker, I yield Governor of the State of Idaho that Federal lands that were included with- myself such time as I may consume. continued access to hunting would be in the Craters of the Moon National Mr. Speaker, I would just like to em- maintained in the expanded area. How- Monument when the monument was phasize one point that the gentleman ever, when the proclamation was enlarged on November 9, 2000. The bill from Idaho (Mr. SIMPSON) made: H.R. issued, hunting was restricted in the as introduced also provided for the dis- 601 is supported by the administration, area of the expansion which was man- position of grazing fees arising from and it does have strong bipartisan sup- aged by the National Park Service. the use of the expansion area. In hear- port. I would urge my colleagues to Under this legislation, areas that ings on this legislation before the Com- support H.R. 601, as amended. were open to hunting before the expan- mittee on Resources, the administra- Mr. RAHALL. Mr. Speaker, Resource Com- sion will remain open to hunting. In tion testified in support of allowing mittee Democrats did not object to, and in addition, the amended bill includes hunting in the 410,000-acre expansion fact, support consideration of H.R. 601 be- language requested by the administra- area administered by the National cause it represents a technical amendment to tion to ensure that the Secretary has Park Service, citing unique cir- the recently expanded Craters of the Moon appropriate oversight, in cooperation cumstances regarding shared manage- National Monument. The legislation in no way seeks to repudiate and consultation with the State of ment and problems with enforcement. the November 2000 action taken by the Clin- Idaho, over hunting activities within The administration also rec- ton Administration to expand the monument. the expanded area managed by the Na- ommended an amendment to provide In this regard, H.R. 601 simply allows hunt- tional Park Service. authority for the Secretary to exercise ing, a traditional use of the expanded area, to Finally, the bill, as amended, des- jurisdiction over hunting consistent continue. Except for hunting, no other change ignates the expanded area under the ju- with what has been done in other areas. is made or contemplated to the management risdiction of the National Park Service The administration further rec- of the significant natural resources of the Cra- as a national preserve rather than a ommended deleting the grazing lan- national monument. ters of the Moon area. guage, as it is unnecessary. By way of background, Craters of the Moon Unfortunately, due to the outmoded On a bipartisan basis, the Committee and antiquated national monument National Monument was initially established by on Resources developed and approved Proclamation of President Coolidge in 1924 process, there was not a formal means an amendment in the nature of a sub- by which the State of Idaho, the con- and is administered by the National Park Serv- stitute. The changes made by the ice. gressional delegation, and the general amendment address not only matters public could comment on the proposed Meanwhile, the 661,287 acres of additional raised by the administration but also monument expansion. Federal lands added to the monument by allow us to handle this issue in a man- While the Idaho Fish and Game De- President Clinton had been managed by the partment expressed their interest in ner consistent with long-standing park Bureau of Land Management and hunting was working with the Secretary of Interior policies and procedures. permitted on these lands. Except for the minor change made by to allow for appropriate wildlife man- Under the Clinton Proclamation, the NPS the amendment, no other change is agement in the expanded area, their now manages approximately 410,000 acres of concerns largely went unheard. being made to the monument designa- the expansion area which contain nationally When the Idaho congressional delega- tion or to the management of the sig- significant exposed lava flows, while the BLM tion and the Governor spoke with the nificant natural resources of the Cra- continues to administer the remaining 251,287 Secretary of the Interior regarding the ters of the Moon area. acre portion of the expanded monument. Craters of the Moon expansion, we were Since it is long-standing policy not As such, while hunting can continue on a led to believe, as I mentioned earlier, to permit hunting in national monu- portion of the expanded area, since this activ- that hunting would not be affected. ments administered by the National ity is normally not allowed in monuments ad- However, when that proclamation was Park Service, the committee amend- ministered by the NPS it is not allowed on the issued, it was realized that current ment redesignates the approximately other portion of the expanded area. Park Service regulations preclude 410,000-acre expansion area that the H.R. 601 addresses this minor discrepancy hunting in the area of the expansion National Park Service manages as the by redesignating the approximately 410,000 managed by the National Park Service, Craters of the Moon National Preserve. acre expansion area that the NPS manages therefore denying access to traditional This change is consistent with previous as the ‘‘Craters of the Moon National Pre- hunting grounds. acts that authorize hunting in national serve.’’ Except for hunting, the preserve will H.R. 601 is about fairness and ensur- park system units. be managed exactly the same as the original ing that Idahoans are not locked out of Other than hunting, the preserve will Craters of the Moon National Monument. traditional hunting areas. H.R. 601 has be managed exactly the same as the Again, except for hunting, the preserve will the support of the Idaho Fish and original Craters of the Moon National be managed exactly the same as the original Game Commission, the Idaho Fish and Monument that the National Park Craters of the Moon National Monument. Game Advisory Committee, Idaho Service also administers. This bill then in no way reflects a rollback of Wildlife Council, Idaho Wildlife Fed- The committee amendment also in- the Clinton Administration monument designa- eration, and local county commis- cludes the administration-requested tions nor does it signal the willingness of Re- sioners. It is a bipartisan bill. It has language on hunting jurisdiction and sources Committee Democrats to support any broad bipartisan support and is also deletes the unnecessary reference to such move. supported by the administration. grazing. Mr. HEFLEY. Mr. Speaker, I yield Mr. Speaker, I want to thank the Mr. Speaker, I appreciate the co- back the balance of my time. subcommittee chairman, the gen- operation of the majority members of The SPEAKER pro tempore (Mr. tleman from Colorado (Mr. HEFLEY), the Committee on Resources in amend- HASTINGS of Washington). The question for his work on this and the staff, the ing this legislation. While H.R. 601 is a is on the motion offered by the gen- majority staff’s work on this, and also relatively minor clarification of a tleman from Colorado (Mr. HEFLEY) the ranking member, the gentlewoman small management issue, I am encour- that the House suspend the rules and from the Virgin Islands (Mrs. aged by collaboration exhibited in ad- pass the bill, H.R. 601, as amended. CHRISTENSEN), for her work, and the dressing this matter. I believe we have The question was taken; and (two- minority staff’s work on this piece of an improved legislative product with thirds having voted in favor thereof) legislation. I urge my colleagues to the amendment adopted by the Com- the rules were suspended and the bill, support H.R. 601. mittee on Resources, and I am pleased as amended, was passed.

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.026 pfrm01 PsN: H01PT1 H1682 CONGRESSIONAL RECORD — HOUSE May 1, 2001 The title of the bill was amended so timately result in adding a segment of For more than 30 years, the National as to read: ‘‘A bill to redesignate cer- the Eightmile River to the National Wild and Scenic Rivers Act has safe- tain lands within the Craters of the Wild and Scenic Rivers System. guarded some of our Nation’s most pre- Moon National Monument, and for The Eightmile River in Connecticut cious rivers. The act intends to select other purposes.’’. is host to a variety of natural, cultural rivers of the Nation which possess ex- A motion to reconsider was laid on and recreational resources and is cur- ceptional scenic, recreational, geo- the table. rently listed on the National Park logic, fish, wildlife, historic, cultural f Service Nationwide Rivers Inventory, and other values, that they be pre- which lists river areas believed to be served in free-flowing condition, and EIGHT MILE RIVER WILD AND good candidates for Wild and Scenic that they be protected for the benefit SCENIC RIVER STUDY ACT OF 2001 River designation. of present and future generations. Mr. HEFLEY. Mr. Speaker, I move to Mr. Speaker, H.R. 182 is a non- Designated rivers receive Federal suspend the rules and pass the bill controversial bill that has strong sup- protection to preserve their free-flow- (H.R. 182) to amend the Wild and Sce- port from State and local officials and ing condition, the water quality and nic Rivers Act to designate a segment the residents of surrounding commu- other conservation values. Currently, of the Eight Mile River in the State of nities in Connecticut. only one river in Connecticut has this Connecticut for study for potential ad- Mr. Speaker, I reserve the balance of status, the Farmington River. dition to the National Wild and Scenic my time. I believe that the Eightmile River Rivers System, and for other purposes, Mr. UNDERWOOD. Mr. Speaker, I also possesses all of these qualities, as amended. yield myself such time as I may con- and I believe these protections should The Clerk read as follows: sume. be considered and extended to this (Mr. UNDERWOOD asked and was H.R. 182 river by the National Park Service. given permission to revise and extend I am very proud to submit this legis- Be it enacted by the Senate and House of Rep- his remarks.) resentatives of the United States of America in Mr. UNDERWOOD. Mr. Speaker, H.R. lation on behalf of my constituents in Congress assembled, 182 would authorize a study to deter- East Haddam, Lyme and Salem. I par- SECTION 1. SHORT TITLE. mine whether it would be appropriate ticularly thank East Haddam First Se- This Act may be cited as the ‘‘Eightmile River lectman Sue Merrow and Nathan Wild and Scenic River Study Act of 2001’’. to designate the Eightmile River in Connecticut as part of the Wild and Frohling of the Connecticut Nature SEC. 2. FINDINGS. Conservancy for their hard work, and I The Congress finds that— Scenic Rivers program. The Eightmile has already been identified by the Na- especially express my deep thanks and (1) the Eightmile River in the State of Con- gratitude to the gentleman from Colo- necticut possesses important resource values, in- tional Park Service as a potential Wild cluding wildlife, ecological, and scenic values, and Scenic River based on its out- rado (Chairman HEFLEY) and to the and historic sites and a cultural past important standing scenic, geologic and wildlife gentleman from Utah (Chairman Han- to America’s heritage; values, and an official study is the next sen) for moving this legislation forward (2) there is strong support among State and step in the process. It is our hope that so quickly. local officials, area residents, and river users for once the study has been completed, the Mr. Speaker, I urge my colleagues to a cooperative wild and scenic river study of the Eightmile can be added to the impres- support this bill. area; and sive list of waterways included in this Mr. UNDERWOOD. Mr. Speaker, I (3) there is a longstanding interest among yield 1 minute to the gentlewoman State and local officials, area residents, and important program. from Connecticut (Ms. DELAURO). river users in undertaking a concerted coopera- We support H.R. 182 and urge our col- tive effort to manage the river in a productive leagues to do the same. Ms. DELAURO. Mr. Speaker, I thank and meaningful way. Mr. Speaker, I yield back the balance the gentleman for yielding time to me. SEC. 3. DESIGNATION FOR STUDY. of my time. I would like to just add a voice to the Section 5(a) of the Wild and Scenic Rivers Act Mr. HEFLEY. Mr. Speaker, I yield prior issue that was discussed on the (16 U.S.C. 1276(a)) is amended by adding at the such time as he may consume to the floor, H.R. 182, the Eight-Mile River end the following new paragraph: gentleman from Connecticut (Mr. SIM- Wild and Scenic River Study Act of ‘‘(138) EIGHTMILE RIVER, CONNECTICUT.—The MONS), the sponsor of this bill. 2001. I want to compliment my col- segment from its headwaters downstream to its Mr. SIMMONS. Mr. Speaker, I thank league, the gentleman from Con- confluence with the Connecticut River.’’. the chairman for yielding me time. necticut (Mr. SIMMONS) for sponsoring SEC. 4. STUDY AND REPORT. Mr. Speaker, I rise today in support the bill and spearheading the protec- Section 5(b) of the Wild and Scenic Rivers Act of H.R. 182, which is a bill to study the tion effort. (16 U.S.C. 1276(b)) is amended by adding at the inclusion of Connecticut’s Eightmile The Eight-Mile River is a vast water- end the following new paragraph: shed with farms and villages. It is an ‘‘(18) The study of the Eightmile River, Con- River into the National Wild and Sce- necticut, named in paragraph (138) of sub- nic River System. incredible resource and a treasure that section (a) shall be completed by the Secretary Eastern Connecticut has a wealth of the State of Connecticut has. It was of the Interior and the report thereon submitted natural beauty, such as the Eightmile once described as the Nation’s best- to Congress not later than 3 years after the date River. The river and the watershed it landscaped sewer, and thanks to hard- of the enactment of this paragraph.’’. supports are an outstanding ecological fought clean-up and protection efforts SEC. 5. AUTHORIZATION OF APPROPRIATIONS. system. The streams are free-flowing, over the last 30 years, it has been des- There are authorized to be appropriated such they display excellent water quality, ignated a Last Great Place by the Na- sums as may be necessary to carry out this Act. and they contain a diversity of fish ture Conservancy. The SPEAKER pro tempore. Pursu- species, including native trout. The We have made great strides in revers- ant to the rule, the gentleman from Eightmile River is also an important ing years of neglect. Much remains to Colorado (Mr. HEFLEY) and the gen- recreational asset and contributes to be accomplished. It is seriously endan- tleman from Guam (Mr. UNDERWOOD) the character of the communities that gered by incremental unplanned each will control 20 minutes. surround it. growth and pollution. What we want to The Chair recognizes the gentleman That is why on January 3 of this do is to provide the localities there and from Colorado (Mr. HEFLEY). year, on my very first day as a Member the communities with the tools they Mr. HEFLEY. Mr. Speaker, I yield of this body, I introduced H.R. 182, to need to balance the needs of conserva- myself such time as I may consume. study the Eightmile River for wild and tion and growth to protect this na- Mr. Speaker, H.R. 182, introduced by scenic status. I was particularly tional treasure. the gentleman from Connecticut (Mr. pleased to be joined in this initiative Mr. HEFLEY. Mr. Speaker, I yield SIMMONS) would authorize the Sec- by all of my House colleagues from myself such time as I may consume. retary of the Interior to conduct a Connecticut across party lines. I was Mr. Speaker, I would like to com- study of the Eightmile River in Con- also pleased to be joined by Senators mend the gentleman from Connecticut necticut for the purpose of evaluating DODD and LIEBERMAN, who have intro- (Mr. SIMMONS) for his tenacious ap- its eligibility for designation as a Wild duced companion legislation in the proach to this piece of legislation. The and Scenic River. This study could ul- Senate. gentleman has given me no peace until

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.029 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1683 it gets to the floor and gets passage. I GUAM FOREIGN INVESTMENT Mr. Speaker, I reserve the balance of think that is an example where a fresh- EQUITY ACT my time. man can come to this body and have an Mr. HEFLEY. Mr. Speaker, I move to Mr. UNDERWOOD. Mr. Speaker, I impact early on. We appreciate the suspend the rules and pass the bill yield myself such time as I may con- gentleman’s diligence and his effort in (H.R. 309) to provide for the determina- sume. this. tion of withholding tax rates under the (Mr. UNDERWOOD asked and was Mr. Speaker, this is a very worth- Guam income tax. given permission to revise and extend while project. It has bipartisan sup- The Clerk read as follows: his remarks.) port. I do not think there is any reason H.R. 309 Mr. UNDERWOOD. Mr. Speaker, as why we should not all support this Be it enacted by the Senate and House of Rep- you would acknowledge, this is a very piece of legislation and move it on resentatives of the United States of America in important piece of legislation for the down the road. Congress assembled, people of Guam, and I would like to urge my colleagues to support H.R. 309, Mr. LARSON of Connecticut. Mr. Speaker, I SECTION 1. GUAM FOREIGN INVESTMENT EQUITY ACT. the Guam Foreign Investment Equity rise today in support of H.R. 182, Eight Mile (a) SHORT TITLE.—This section may be Act. River Wild and Scenic River Study Act of cited as the ‘‘Guam Foreign Investment Eq- This legislation, which passed the 2001, sponsored by my colleague ROB SIM- uity Act’’. House Committee on Resources on MONS from Connecticut. (b) IN GENERAL.—Subsection (d) of section March 28, provides the government of At the outset, Mr. Speaker, I wish to thank 31 of the Organic Act of Guam (48 U.S.C. 1421i) is amended by adding at the end the Guam with the authority to tax foreign and commend Mr. SIMMONS and my other col- following new paragraph: investors at the same rates as states leagues from Connecticut who have co-spon- ‘‘(3) In applying as the Guam Territorial under U.S. tax treaties. I would par- sored this bill. income tax the income-tax laws in force in ticularly like to thank the gentleman Guam pursuant to subsection (a) of this sec- This bill would authorize the National Park from Utah (Mr. HANSEN), the chairman tion, the rate of tax under sections 871, 881, Service to conduct a study of Connecticut’s of the Committee on Resources, and Eight Mile River for possible inclusion as part 884, 1441, 1442, 1443, 1445, and 1446 of the Inter- nal Revenue Code of 1986 on any item of in- the ranking member, the gentleman of the National Wild and Scenic Rivers Sys- come from sources within Guam shall be the from West Virginia (Mr. RAHALL), for tem. The National Wild and Scenic Rivers same as the rate which would apply with re- helping me to expeditiously move this System was established by Congress in 1968 spect to such item were Guam treated as bill to the floor. to recognize and support exceptional rivers. part of the United States for purposes of the During the 106th Congress, virtually Connecticut is a State proud of its heritage treaty obligations of the United States. The identical legislation passed the House and natural beauty, ranging from the Con- preceding sentence shall not apply to deter- as part of an omnibus Guam bill on necticut River, to the Litchfield Hills, to the mine the rate of tax on any item of income July 25, 2000. Unfortunately, while received from a Guam payor if, for any tax- Long Island Sound and the Eight Mile River in able year, the taxes of the Guam payor were agreement was reached with the Treas- Eastern Connecticut. The Eight Mile River and rebated under Guam law. For purposes of ury Department on the provisions of the watershed that supports it is an out- this subsection, the term ‘Guam payor’ the bill last year, the Senate was un- standing ecological system. The designation of means the person from whom the item of in- able to act on this important legisla- the Eight Mile River as part of the National come would be deemed to be received for pur- tion before sine die adjournment. Wild and Scenic Rivers System will offer fed- poses of claiming treaty benefits were Guam H.R. 309 is direly needed by the peo- eral protection and mutually agreed conserva- treated as part of the United States.’’ ple of Guam. Given Guam’s struggling (c) EFFECTIVE DATE.—The amendment tion policies that are all desperately needed in made by subsection (b) shall apply to economy and 15 percent unemployment a time when the condition of this river is in amounts paid after the date of the enact- rate, which is more than three times danger. ment of the Act. the national average, unlike the rest of This free-flowing river is home to a variety The SPEAKER pro tempore. Pursu- the Nation which has experienced un- of fish and wildlife and provides cultural, rec- ant to the rule, the gentleman from precedented economic growth and low reational, and scenic benefits that State, local Colorado (Mr. HEFLEY) and the gen- unemployment rates the past few officials, and area residents support. It is a tleman from Guam (Mr. UNDERWOOD) years, Guam’s economy and tourism pleasure to see how a project can work in each will control 20 minutes. industry continues to recover from the bringing a community together for the greater The Chair recognizes the gentleman Asian financial crisis, given our is- good of protecting our natural environment. from Colorado (Mr. HEFLEY). land’s ties to the economies of Asia. As a supporter of the Eight Mile River, its Mr. HEFLEY. Mr. Speaker, I yield Moreover, given the impact of a like- recognition and conservation, I am proud to myself such time as I may consume. ly Federal tax-cut package on the gov- stand here today as an original co-sponsor of Mr. Speaker, I rise today in support ernment of Guam’s revenue stream, be- H.R. 182 that highlights one of Connecticut’s of H.R. 309, the Guam Foreign Invest- cause Guam’s tax code exactly mirrors treasures and I urge my colleagues to vote in ment Equity Act. This bill, introduced the U.S. Tax Code, I believe that H.R. favor of this measure. by the gentleman from Guam (Mr. 309 is also good public policy. The reve- Mr. HEFLEY. Mr. Speaker, I yield UNDERWOOD), amends the Organic Act nues from foreign investment that this back the balance of my time. of Guam to provide the government of legislation will generate for the gov- Guam with the authority to tax foreign ernment of Guam and for the economy The SPEAKER pro tempore. The investors at the same rate as states of Guam is one way to help mitigate question is on the motion offered by under the U.S. tax treaties with foreign the reduction in local revenues antici- the gentleman from Colorado (Mr. nations. pated under any new Federal tax-cut HEFLEY) that the House suspend the H.R. 309, which is supported by both plan. rules and pass the bill, H.R. 182, as the Republican Speaker and Demo- Currently, under the U.S. Internal amended. cratic Governor of Guam, deals exclu- Revenue Code there is a 30 percent The question was taken; and (two- sively with a Guam territorial income withholding tax rate for foreign inves- thirds having voted in favor thereof) tax that is collected and administered tors in the United States. Since the rules were suspended and the bill, by their government. Because the ter- Guam’s tax law mirrors the rate estab- as amended, was passed. ritorial government of Guam does not lished under the U.S. Code, the stand- The title of the bill was amended so have the authority to amend the Or- ard rate for foreign investors in Guam as to read: ‘‘To amend the Wild and ganic Act nor their tax rate, congres- is 30 percent. However, under U.S. tax Scenic Rivers Act to designate a seg- sional action is necessary to conform treaties, it is a common feature for ment of the Eightmile River in the their income tax rate on foreign inves- countries to negotiate lower with- State of Connecticut for study for po- tors to that of the 50 States. holding rates on investment returns. tential addition to the National Wild In conclusion, I would like to thank Unfortunately, because there are dif- and Scenic Rivers System, and for the gentleman from Guam (Mr. UNDER- ferent definitions for the term ‘‘United other purposes.’’. WOOD) and the gentleman from Utah States’’ under these treaties, Guam is A motion to reconsider was laid on (Chairman HANSEN) for their hard work not included. As an example, with the table. on this legislation. Japan, which has the biggest impact on

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.033 pfrm01 PsN: H01PT1 H1684 CONGRESSIONAL RECORD — HOUSE May 1, 2001 our economy, the U.S. rate for foreign tleman from Guam for his leadership that if a Japanese businessman invests investors is 10 percent. That means and for the authorship of this impor- in a State of the United States and has that while Japanese investors are tant legislation. I want to thank our an income of $100,000, that investor taxed at a rate of 10 percent with- colleague, the gentleman from Colo- pays a $10,000 tax on the income. That holding tax on their investments in the rado (Mr. HEFLEY) for his leadership in very same investor earning the same 50 States, those same investors are managing the legislation pertaining to $100,000 in income from an investment taxed at a 30 percent withholding rate the Committee on Resources. I thank in Guam would have to pay $30,000 in on Guam. the gentleman from Utah (Chairman tax, or three times as much. While the long-term solution for this HANSEN) and the gentleman from West Given Guam’s proximity to Japan is for U.S. negotiators to include Guam Virginia (Mr. RAHALL), the ranking mi- and other Asian countries, and given in the definition of the term ‘‘United nority member, for their support of the number of nonaffiliated islands in States’’ for all future tax treaties, the this legislation. the Pacific, the 30 percent income tax immediate solution is to amend the Or- Mr. Speaker, I rise in strong support rate is a considerable disincentive for ganic Act of Guam and authorize the of H.R. 309, a bill to provide for the de- foreign investors to do business in a government of Guam to tax foreign in- termination of withholding tax rates territory like Guam, thus hampering vestors at the same rates as the 50 on the Guam income tax law. I am Guam’s economic development. States. often critical of the relationship, or I welcome this proposed change in Other territories under U.S. jurisdic- should I say, a lack of a well-defined Federal law to permit the governing tion have already remedied this prob- relationship, currently existing be- authority in Guam to tax foreign in- lem or are able to offer alternative tax tween American Samoa and the United vestors at the same rates as States benefits to foreign investors to delin- States. under U.S. tax treaties with foreign na- eate their unique covenant agreements Unlike Guam, the Virgin Islands, tions. with the Federal Government or Puerto Rico, or the Commonwealth of While American Samoa does not have through Federal statute. Guam alone is the Northern Mariana Islands, Amer- therefore the only State or territory in this problem because it has authority ican Samoa does not have an Organic to enact its own tax laws, I would sug- the United States which is unable to Act setting forth the basic structure of provide this tax benefit. gest that future tax treaty negotiators the government, or a covenant rela- include U.S. territories within treaty The Congressional Budget Office has tionship that defines such a relation- indicated that the legislation will not provisions so separate legislation is not ship, as is currently the case with the necessary. have an effect on the Federal budget. It Commonwealth of the Northern Mar- simply allows the government of Guam Mr. Speaker, I urge my colleagues to iana Islands. support this legislation. to lower its withholding rate for for- On the other hand, Mr. Speaker, once Mr. UNDERWOOD. Mr. Speaker, I eign investors. While the bill will re- a territory becomes organized, the yield myself such time as I may con- sult in the loss of revenue for the gov- local government loses much of its sume. ernment of Guam in the short term, flexibility that it otherwise would have these losses are expected to be offset by in addressing many of its social and Mr. Speaker, I thank the gentleman EFLEY) for those the generation of increased tax reve- economic issues. from Colorado (Mr. H nues through increased foreign invest- Mr. Speaker, as many of my col- kind remarks and for his indulgence in ments in the long run. Some 75 percent leagues may not be aware, the terri- seeing this through. of Guam’s current commercial develop- tory of American Samoa is an unorga- Mr. Speaker, I yield back the balance ment is funded by foreign investors. nized and unincorporated territory of of my time. H.R. 309 also incorporates changes the United States. This year marks the Mr. HEFLEY. Mr. Speaker, I yield recommended by the Treasury Depart- very unique political relationship be- myself such time as I may consume. ment to ensure that a foreign investor tween American Samoa and the United Mr. Speaker, I would encourage my who benefits from this legislation can- States which has now existed for over colleagues to support this broadly-sup- not simultaneously benefit from tax re- 101 years. ported bill, a bipartisan bill, a good bates under Guam territorial law. American Samoa now has a terri- bill. I commend the gentleman from My legislation is supported by Gov- torial Constitution that was approved Guam (Mr. UNDERWOOD) for his hard ernor of Guam, Carl Gutierrez, the by the Secretary of the Interior in 1967, work on it. Speaker of the Guam Legislature, Tony but was never approved by the Con- Mr. Speaker, I yield back the balance Unpingco, and the Guam Chamber of gress. A law was passed by the Con- of my time. Commerce. I also want to thank my gress in 1984 to prohibit any changes in The SPEAKER pro tempore (Mr. good friend, Senator Ben Pangelinan in the territorial Constitution without HASTINGS of Washington). The question the Guam Legislature, who initially the consent of the Congress, but at the is on the motion offered by the gen- suggested this legislation a few years same time, Congress passed a law in tleman from Colorado (Mr. HEFLEY) ago. 1929 to delegate all military, judicial, that the House suspend the rules and I have worked closely on this meas- and administrative authority under the pass the bill, H.R. 309. ure with the House Committee on Re- control of the President or his des- The question was taken; and (two- sources, the House Committee on Ways ignee, currently the Secretary of the thirds having voted in favor thereof) and Means, the Senate Finance Com- Interior. Mr. Speaker, how would we the rules were suspended and the bill mittee, the Senate Energy and Natural like to figure that one out? was passed. Resources Committee, the Interior De- Mr. Speaker, the issue addressed by A motion to reconsider was laid on partment, Treasury Department and this legislation is one example of the the table. the White House National Economic inflexibility of existing Organic Acts. Council. Under current Federal tax law, there is I urge my colleagues to support H.R. f a 30 percent State income tax rate for 309. It is good for Guam’s economy, and foreign investors, or I am sorry, 10 per- it is sound national policy towards for- GENERAL LEAVE cent for foreign investors in the United eign investments in the United States. States. Guam’s territorial tax law is Mr. HEFLEY. Mr. Speaker, I ask b 1515 imposed under Federal law, so an act of unanimous consent that all Members Mr. Speaker, I yield such time as he Congress is needed to change it. may have 5 legislative days within may consume to the gentleman from Even though the United States en- which to revise and extend their re- American Samoa (Mr. FALEOMAVAEGA). ters into treaties with foreign govern- marks and include extraneous material (Mr. FALEOMAVAEGA asked and ments authorizing lower income tax on the three bills just considered. was given permission to revise and ex- rates for foreign investors in the States The SPEAKER pro tempore. Is there tend his remarks.) of the United States, current treaties objection to the request of the gen- Mr. FALEOMAVAEGA. Mr. Speaker, do not include the territories as part of tleman from Colorado? I certainly want to commend the gen- the United States. The net result is There was no objection.

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.036 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1685 SUPPORTING A NATIONAL support for charter schools in communities schools has spurred noticeable dif- CHARTER SCHOOLS WEEK throughout the Nation. ferences in the public school system. The SPEAKER pro tempore. Pursu- For example, based on a March, 1998, Mr. KELLER. Mr. Speaker, I move to ant to the rule, the gentleman from survey of Arizona public school teach- suspend the rules and agree to the con- Florida (Mr. KELLER) and the gen- ers, the researchers concluded that the current resolution (H. Con. Res. 95) tleman from Indiana (Mr. ROEMER) power of choice and market competi- supporting a National Charter Schools each will control 20 minutes. tion from charter schools led to the fol- Week, as amended. The Chair recognizes the gentleman lowing changes between the 1994–1995 The Clerk read as follows: from Florida (Mr. KELLER). and the 1997–1998 school years. H. CON. RES. 95 GENERAL LEAVE First, districts made greater at- Whereas charter schools are public schools Mr. KELLER. Mr. Speaker, I ask tempts to inform parents about school authorized by a designated public body and unanimous consent that all Members programs and options. Second, districts operating on the principles of account- may have 5 legislative days within placed greater emphasis on promoting ability, parental involvement, choice, and professional development for teachers. autonomy; which to revise and extend their re- Whereas in exchange for the flexibility and marks on the concurrent resolution Third, school principals increased con- autonomy given to charter schools, they are under consideration. sultation with the teaching staffs. held accountable by their sponsors for im- The SPEAKER pro tempore. Is there The authors also found that charter proving student achievement and for their fi- objection to the request of the gen- schools do not replace district schools, nancial and other operations; tleman from Florida? but rather, push district schools to Whereas 36 States, the District of Colum- There was no objection. compete, primarily because State sub- bia, and the Commonwealth of Puerto Rico Mr. KELLER. Mr. Speaker, I yield sidies follow the students. have passed laws authorizing charter myself such time as I may consume. This resolution supporting National schools; Mr. Speaker, I rise today in strong Charter Schools Week must be used as Whereas 35 States, the District of Colum- bia, and the Commonwealth of Puerto Rico support of House Concurrent Resolu- a means of celebrating true diversity: will have received more than $500,000,000 in tion 95, which acknowledges and com- diversity in education, diversity in grants from the Federal Government by the mends the charter school movement learning, and diversity in thought. end of the current fiscal year for planning, for its contribution to improving our Supporting National Charter Schools startup, and implementation of charter Nation’s public school system, and Week lends credence to the proclama- schools since their authorization in 1994 calls for a National Charter Schools tion that not everyone thinks alike under part C of title X of the Elementary Week to be established. and not everyone learns alike. and Secondary Education Act of 1965 (20 We have all seen the results of in- Combined with the Charter Schools U.S.C. 8061 et seq.); Whereas 34 States, the District of Colum- flicting the many unfunded mandates Expansion Act from the 105th Congress, bia, and the Commonwealth of Puerto Rico on our Nation’s public schools, and be- it acknowledges the success of think- are serving approximately 550,000 students in lieve that the charter school move- ing outside the box by supporting and more than 2,150 charter schools during the ment, led by California, Arizona, Colo- commending those communities who 2000 to 2001 school year; rado, Florida, Georgia, Minnesota, New have chosen to take control of their Whereas charter schools can be vehicles Mexico, Massachusetts, and Wisconsin own destiny. both for improving student achievement for in the early 1990s, is a direct result of Mr. Speaker, I reserve the balance of students who attend them and for stimu- the desire for parents to increase their my time. lating change and improvement in all public Mr. ROEMER. Mr. Speaker, I yield schools and benefiting all public school stu- personal involvement and control of dents; their children’s education. myself such time as I may consume. Whereas charter schools in many States My home State of Florida passed its Mr. Speaker, I thank the gentleman serve significant numbers of students with charter school law in 1996. The latest from Florida for helping manage the lower income, minority students, and stu- information available shows that there bill here today, a charter school bill dents with disabilities; are 149 charter schools operating in the which will establish this week as the Whereas the Charter Schools Expansion State of Florida serving over 27,000 stu- National Charter Schools Week, named Act of 1998 (Public Law 105–278) amended the dents. House Resolution 95. Federal grant program for charter schools New charter schools have swept the As our Founding Fathers con- authorized by part C of title X of the Ele- mentary and Secondary Education Act of country to the point of including 36 templated the importance of what 1965 (20 U.S.C. 8061 et seq.) to strengthen ac- States, the District of Columbia, Puer- American society might look like in countability provisions at the Federal, to Rico. This represents a clear change the ensuing decades after they wrote State, and local levels to ensure that charter in how education is disseminated the Declaration of Independence and public schools are of high quality and are across the great country. the United States Constitution, George truly accountable to the public; There are nearly 2,150 charter schools Washington, John Adams, Thomas Jef- Whereas 7 of 10 charter schools report hav- across the country serving almost ferson, and James Madison all talked ing a waiting list; 550,000 children. Laboratories of learn- of the extreme importance put forward Whereas students in charter schools na- tionwide have similar demographic charac- ing are being established from coast- on an enlightened society, on an edu- teristics as students in all public schools; to-coast, and the common denominator cated society. Whereas charter schools have enjoyed between them all is a staunch desire Now, today, in the year 2001, we broad bipartisan support from the Adminis- for local hands-on control by parents should put even more importance on tration, the Congress, State governors and and teachers. From back-to-back basic our public education school system, on legislatures, educators, and parents across schools in Arizona to magnet programs a system that is visionary, that is ac- the Nation; and in Colorado, they are all proving that countable, that is flexible, that pro- Whereas charter schools are laboratories of there is not just one way to teach. vides more public school choices to our reform and serve as models of how to educate Two weeks ago, the State of Indiana parents to send their children to the children as effectively as possible: Now, therefore, be it passed a very strong charter school law very best kinds of schools. Resolved by the House of Representatives (the which will likely rank the State in the Charter schools, I believe, are part of Senate concurring), That— top dozen of States with the strongest this effort. Charter schools are part of (1) the Congress acknowledges and com- laws. This is an outstanding victory for an effort to provide more vision, more mends the charter school movement for its parents and teachers, who have been flexibility, more reform, more options, contribution to improving our Nation’s pub- waiting a long time to affect their chil- more parental choices, more teacher lic school system; and dren’s education in a positive way. curriculum, curriculum developed at (2) it is the sense of the Congress that— A recent report by professor Scott the local level into the schools. (A) a National Charter Schools Week Milliman of James Madison University, They might even expand on the should be established; and (B) the President should issue a proclama- Frederick Hess, and Robert Maranto of school day or the length of the school tion calling on the people of the United the University of Virginia, and social year, providing more and more options States to conduct appropriate programs, psychologist April Gresham, revealed for our schools in an increasingly glob- ceremonies, and activities to demonstrate that the establishment of charter ally-oriented economy.

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.039 pfrm01 PsN: H01PT1 H1686 CONGRESSIONAL RECORD — HOUSE May 1, 2001 When our kids fail, if our kids do not have charter schools, Minnesota, char- The child is in the first grade only succeed in public education today, it is ter schools also reflect the diversity of once, and I was particularly open to almost as if a death sentence has been our schools across the country in pub- the notion of charter schools as an al- laid upon their heads. If they fail and lic education. ternative to the public schools of the drop out of school as a third-grader, at We have a charter school out in Cali- District of Columbia, even though I 13, or if one does not get that high fornia, where we have had people come was then and remain opposed to vouch- school degree, our children are almost in to testify before our Committee on ers which the people of the District of destined to failure, or oriented toward Education and the Workforce called Columbia strongly oppose, believing juvenile reform, prison, and problems Fenton Charter School, which has over that public money should go to public where it gets increasingly difficult for 90 percent eligible for free and reduced schools, either public schools in the us to rescue them. So charter schools lunches, over 90 percent African Amer- regular public school system or public are part of this effort to reform our ican and Hispanic enrollment rate, and charter schools; and we believe that schools and change the way we cur- have seen incredibly good increases in our experience indicates that this is by rently educate our children. the scores in mathematics, in science, far the best alternative for those truly I am also extremely pleased, as we in reading take place since it has searching for an alternative to public talk about charter schools, that very changed to a charter school. schools which need fixing. soon after the State legislature has So we are seeing schools that reflect The Congress passed a school reform passed a new charter school bill, the a rich diversity of this country, have bill which was, in essence, a public Governor of our State, Governor Frank charter schools and then succeed in charter bill for the District of Colum- O’Bannon, will sign Indiana’s charter terms of educating, graduating and bia in 1995. Look what has happened schools into law. promoting their students. since then. Thirteen percent of all pub- I am delighted to join with my col- lic school students in the District of b 1530 leagues today in this resolution, H. Columbia are enrolled in 40 public We will become the 38th State with Con. Res. 95 to establish this week as charter schools. There are public char- charter schools in this Nation. Charter National Charter Schools Week. I am ter schools in seven out of our eight Schools Week will seek to recognize anxious to talk about charter schools wards. Nearly two thirds of all the pub- as we start debate tomorrow in the the accomplishment of charter schools lic charter school students qualify for Committee on Education and the around the country. Charter Schools, free or reduced lunch, yet about half of Workforce as we reauthorize the ESEA as I said before, stress the principles of our public charter schools offer aca- Act as we look forward to, hopefully, a accountability, parent flexibility, demically rigorous curricula of the lib- bipartisan bill that is going to move us choice and autonomy. Charter schools eral arts. are public schools that respond to an forward in terms of our education re- Many of the rest offer curricula in increasingly high demand for choices form in this country. particular subject matters, the arts, Mr. Speaker, I yield 6 minutes to the from parents, from students, from foreign language, immersion, tech- gentlewoman from the District of Co- teachers designed at the local level so nology. lumbia (Ms. NORTON), who, I think, has that we can respond to the challenges The rate at which charter schools been a very, very eloquent and articu- in that local community. have come on line in the District of Co- late spokesperson for public education All different kinds of States, the Dis- lumbia is a model for an alternative in this country and someone who has trict of Columbia, and the Common- school system within the public school been to many of the charter schools wealth of Puerto Rico are serving more system for our country. Over 70 percent that are here in the District of Colum- than 500,000 students in almost 2,100 of the D.C. public charter schools have charter schools. bia. I have had the pleasure of going to fewer than 300 students and small I am especially happy that in many two or three of those schools and have classes are the norm in these charter of these charter schools, we have about seen the great job that many of those schools. Many of the parents say they 7 out of 10 have waiting lists. Seven out charter schools are doing with respect want the charter schools for this rea- of 10 of the charter schools have people to students with limited English pro- son; they wanted smaller classes. They waiting to get more of their students ficiency, with respect to students eligi- wanted smaller schools, and they want- into the schools. So that proves that ble for free and reduced lunches, and ed to be freed from the central bu- more and more parents want to get the increased graduation rates that reaucracy of the public school system. their children into a charter school. those schools are achieving in the Dis- They wanted to innovate. Interest- There is a criticism of charter trict of Columbia. ingly at the moment, Mr. Speaker, the schools, and that is that some of them Ms. NORTON. Mr. Speaker, I kindly scores of our public school children are have been shut down, some of them thank the gentleman from Indiana (Mr. better than the scores of our charter have not worked. We have about a 4 ROEMER) for yielding the time to me. school children. Our public schools percent failure rate in our charter I congratulate him and the sponsor of have a new mayor, a new school board schools. There are some that do not this resolution, the gentleman from and new rigor; but we are proud and want to talk about that. As a matter of Florida (Mr. KELLER). I want to com- pleased that we have this great diver- fact, I think the fact that charter mend him for his leadership, particu- sity of charter schools here. schools are accountable can be closed larly on charter schools, which stands The charter schools have pushed our down, can be reconstituted, can be put out in the stellar leadership that he public schools, so that now our public on probation and turned around or per- has given on the issue of education dur- schools are doing very much better manently closed, I think, is a benefit in ing his years in the Congress. than they were doing. And the very favor of charter schools. I come to the floor because the Dis- thing that we said we wanted the char- Out of over 2,000 charter schools, 59, trict of Columbia is proud to say that ter schools to do, to be a competitive 59 have closed down for various rea- it has probably, I think I can say with- force to the public schools, has come sons; that is about a 4 percent failure out contradiction, a greater percentage true. rate, about a 4 percent failure rate at of its children in charter schools than We do not believe, by the way, that the over 2,100 charter schools where we any school district in the United private schools would be that kind of can make them accountable, where we States. And part of the reason for this competitive force, because the private can reconstitute them, where we can is the accommodation of the Congress schools are outside of the public school put them on probation and ultimately with me in 1995. systems. We have some of the best pri- either make them perform better, close There were fierce fights about vouch- vate schools in the United States, some them down and allow students to go to ers and the imposition of vouchers on of the best private Catholic schools and other public schools. the District of Columbia. And, yet, the some of the best private schools that I am also very proud of the fact that majority had a point, you cannot say are secular. But when you see a school as we look at charter schools across to somebody in the first grade, we will in your neighborhood dealing with pre- the country, whether they are in Cali- get these schools fixed maybe by the cisely the same children you are deal- fornia or Arizona or the first State to time you are out of school altogether. ing with last year and they now have

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moved to another school and they than 2,150 charter schools across the nation. berger of Minnesota and LIEBERMAN of Con- would rather be in that school, that, Currently, 36 states, the District of Columbia necticut. This was the very beginning of Con- my friend, is competition. and Puerto Rico have passed laws authorizing gressional efforts to encourage charter That is why we believe that the best charter schools. Although in my home state of schools. competition for the public schools are Maryland, the General Assembly again failed I am happy to say that the bipartisan efforts not vouchers, are not fancy schools, by to pass legislation authorizing the establish- of a handful of dedicated individuals resulted or whatever other name you call them. ment of public charter schools, I am pleased in the subsequent creation by Congress of a But a charter school right next to a that Baltimore City has a few schools similar federal Public Charter Schools program in public school where the child is going, to charter schools. My daughter attends one of 1994. compare how those children are doing, these schools in Baltimore City. Later, the Charter School Expansion Act of and then you will have real competi- As the national debate on how to improve 1998 revised the Public Charter Schools stat- tion between your public school and our public schools continues, we must do all ute by, among other things, increasing its au- your charter school. And your public we can to hire more teachers, reduce class thorization and giving priority for grants to school will do what our public schools size, modernize our nation’s public school, put states providing charter schools with financial are doing, our public schools will have computers in every classroom, and encourage autonomy. to do better. parental involvement. Supporting the creation The charter school movement, we should Mr. ROEMER. Mr. Speaker, I yield of charter public schools is one concept that note, is a true grassroots movement. This myself 2 minutes. will help improve public schools because char- movement was started in the early 1990s by Mr. Speaker, I would like to say to ter schools pressure the more traditional pub- concerned parents and frustrated teachers the gentlewoman from the District of lic schools to continue to strive for excellence. who were tired of the status quo, tired of fight- Columbia (Ms. NORTON), my classmate As this body considers various education ing the bureaucracy that smothers innovation, from the 1990’s election, that in the initiatives, such as ESEA, and education fund- and tired of seeing their children sink into me- charter schools that I have visited ing, let us be committed to supporting creative diocrity and failure. across the country, certainly the char- solutions, such as public charter schools, It is therefore important to keep in mind that ter schools in the District of Columbia while ensuring that we maintain quality edu- Congress should try to avoid imposing feder- stand out as some of the very best. ally prescribed requirements such as teacher I remember charter schools that I cation for all of our nation’s youth. Mr. BOEHNER. Mr. Speaker, in honor of certification. visited a couple of years ago right here National Charter Schools Week, I rise in According to the Charter Friends National on the Hill, where they had smaller strong support of H. Con. Res. 95. Network, ‘‘More than two-thirds of the states— classes, they were also teaching some This weeklong celebration, which started with more than 80% of the charters—currently of the more challenged students, stu- yesterday and runs through Friday, is co-spon- have some degree of flexibility in allowing use dents that had actually dropped out of sored by more than seventy grassroots charter of teacher qualifications other than traditional other schools and had, I believe, a 15 support organizations and is coordinated by certification.’’ Any attempt to apply a teacher percent to 20 percent higher graduation certification mandate to charter schools would rate from that particular charter the Charter Friends National Network. Although a relatively new phenomenon, jeopardize their very nature, which is based on school than the surrounding public charter schools have been at the cutting edge autonomy in exchange for academic achieve- schools taking on some of the most at- of educational reform for the past several ment. risk and challenging students. I commend the job that those charter years. In my state of Wisconsin, I am proud to say schools are doing. These charter In exchange for flexibility and freedom from that we have a strong charter school and schools are a choice, a public school regulations, charter schools are held account- school choice program—especially in the city choice, a supplement to the system. I able for improving the academic performance of Milwaukee where we have the support of know in the charter schools that I vis- of their students. This newfound flexibility and education-reform minded individuals such as ited in Chicago that they are part of freedom has not only translated into higher former school superintendent Howard Fuller the reform efforts successfully taking test scores, but also innovative practices. It and Mayor John Norquist. place to make the Chicago schools bet- has empowered parents with the ability to Mr. Speaker, the bottom line is that charter ter and better and better schools in one seek out the best education possible for their schools work. They work because they are of the biggest school districts in the children. freed from burdensome regulations, and in re- country. In fact, we have done our best to mirror turn, they are held accountable for academic We are delighted to have this resolu- these same principles of freedom, flexibility results. tion before us. and accountability throughout the Elementary I want to commend the gentleman from Col- Mr. CUMMINGS. Mr. Speaker, today I rise and Secondary Education Act in H.R. 1, the orado, Representative TANCREDO, for intro- in support of H. Con. Res. 95, supporting Na- No Child Left Behind Act of 2001, which we ducing this resolution. I appreciate the oppor- tional Charter Schools Week. are marking up in committee tomorrow. tunity to speak in support of this measure, and Franklin Roosevelt once said that, ‘‘we can- Currently, 36 states, the District of Colum- I urge may colleagues to support and promote not always build the future for our youth, but bia, and Puerto Rico have passed charter a National Charter Schools Week. we can build our youth for the future.’’ I truly school laws and more than a half million stu- Mr. KIND. Mr. Speaker, I rise today in sup- believe that statement. The proper education dents attend charter public schools nation- port and recognition of Charter schools. Char- of all children is essential in order to build our wide. My hope is that one day, in the not so ter schools, which are public schools author- youth for the future. We do not have a more distant future, every state will have passed a ized by a designated public body, were estab- important issue in American today than invest- charter school law. lished with the goal to enhance school organi- ing in our children by making sure they have That said, Mr. Speaker, I would like to con- zation and instruction. Charter schools operate a quality education. In celebrating National gratulate all the students, parents, teachers, on the principles of accountability, parent flexi- Charter Schools Week, we recognize the prin- principals and administrators who have em- bility, choice, and autonomy. ciple in highlighting many accomplishments of braced the charter school movement. I would Charter schools provide an invaluable charter schools around the country. also like to thank Mr. TANCREDO, Mr. KELLER, means of improving student achievement for Charter schools are public schools that are and Mr. ROEMER for their efforts in bringing all who are enrolled in them. Charter public given flexibility and independence in exchange this important resolution to the House floor. schools are held to highest standards and act for being held accountable for improving stu- Mr. PETRI. Mr. Speaker, I am pleased to as a vehicle for stimulating positive change dent achievement and for their financial oper- speak in support of this resolution that recog- and improvement in all public schools. As a ations. They provide a different and unique nizes the charter school movement for its con- member of the House Education and Work- model for public schools with new, innovative tribution to improving our Nation’s public force Committee, I am committed to fighting programming and smaller class sizes without school system. for improvement in our Nation’s education sys- so much red tape. Unlike vouchers, charter I have been a strong supporter of the char- tem and charter schools have the ability to en- schools do not take money from public ter school movement since 1992 when former hance the quality of education for all public schools because the public funds remain in Representatives Penny and McCurdy and I in- school students. the public school system. troduced the Public School Redefinition Act of There are 36 States, along with the District In 1994, there were less than a dozen char- 1992. That bill was based on legislation intro- of Columbia, and the Commonwealth of Puer- ter schools in America. Today there are more duced the year before by Senators Duren- to Rico that have passed laws authorizing

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K01MY7.058 pfrm01 PsN: H01PT1 H1688 CONGRESSIONAL RECORD — HOUSE May 1, 2001 charter school. My home state of Wisconsin (Mr. KELLER) that the House suspend Mr. Speaker, I rise today in strong currently supports 95 charter schools, edu- the rules and agree to the concurrent support of H. Res. 112, which extends cating 7,210 students. There are over 550,000 resolution, H. Con. Res. 95, as amended. the recognition of this body to the 4–H students enrolled in 2,150 charter schools na- The question was taken. Youth Development Program on the tionwide. Not only is education a top priority, The SPEAKER pro tempore. In the occasion of its 100th anniversary of its but it is the key to a successful future. These opinion of the Chair, two-thirds of creation next year. schools are providing an excellent education those present have voted in the affirm- The 4–H is the original ‘‘learning by for the American youth. ative. doing,’’ and like all great ideas in edu- Many charter schools serve significant num- Mr. KELLER. Mr. Speaker, on that I cation, it originated at the local level bers of students with lower income minority demand the yeas and nays. as the product of local educators and students, and students with disabilities. A The yeas and nays were ordered. concerned citizens who saw a way to charter school does not and cannot discrimi- The SPEAKER pro tempore. Pursu- improve agricultural education. nate against any student. The contract for the ant to clause 8 of rule XX and the 4–H participants pledged their heads schools is required to explain how the school Chair’s prior announcement, further to clear thinking, their hearts to great- will achieve a racial and ethnic balance among proceedings on this motion will be er loyalty, their hands to greater serv- its pupils that reflects the school district popu- postponed. ice and their health to better living for lation. f their clubs, their communities, their Charter schools have the unique ability and country, and their world, not a bad REMOVAL OF NAME OF MEMBER code by which to live. freedom of setting up their own governance AS COSPONSOR OF H.R. 1467 and administrative structures. Many of the Even before Congress began sup- schools create decision-making boards that in- Mr. OTTER. Mr. Speaker, I ask unan- porting land-grant extension programs clude some or all of a school’s teachers, while imous consent that my name be re- that took the agricultural advances of others have parent-teacher committees to ad- moved as a cosponsor of H.R. 1467. academia into working farms, 4–H un- dress various school needs. Some schools The SPEAKER pro tempore. Is there derstood the value of putting ideas into have students playing a vital role in their gov- objection to the request of the gen- action. erning bodies. tleman from Idaho? b 1545 There was no objection. Over the years, charter schools have re- It is at the heart of this organization. ceived significant bipartisan support from the f From its roots in agricultural edu- Administration, the Congress, State governors RECOGNIZING 100TH ANNIVERSARY cation, food preservation, and nature and legislators, educators, and parents OF 4–H PROGRAM study, 4–H has spread to include train- throughout the Nation because the schools Mr. KELLER. Mr. Speaker, I move to ing in a variety of areas, more than 110 have been effectively educating their students. areas, in fact. These areas include the suspend the rules and agree to the reso- A good education is invaluable to any student arts, environmental education, com- lution (H. Res. 112) recognizing the up- and we have the responsibility to provide munication, science and technology, coming 100th anniversary of the 4–H every child with the opportunity to learn. The and healthy life-style education. With Youth Development Program and com- Nation should take a week to honor the model new programs, 4–H has continued to mending such program for service to education system set up by the charter help more and more young people learn the youth of the world. schools. skills to succeed later in life and be- The Clerk read as follows: Mr. COSTELLO. Mr. Speaker, I rise today in come positive contributing leaders. strong support of H. Con. Res. 95. I am proud H. RES. 112 Today, only 10 percent of participating to acknowledge and commend the charter Whereas the 4–H Youth Development Pro- youth live on farms. In fact, 30 percent school movement for its contribution to im- gram celebrates its 100th anniversary in 2002; are minorities. More than 6.5 million proving out nation’s public school system. A Whereas the 4–H Youth Development pro- gram sponsors clubs in rural and urban areas youth are members. Some of the well- charter education is a special and rigorous throughout the world; known former 4–H members are Johnny public education for more than 500,000 chil- Whereas the 4–H Clubs have grown to over Carson, Faith Hill, Reba McIntyre, and dren nationwide. Charter schools serve a 5.6 million annual participants ranging from Dolly Parton. broad range of students, many of which better 5 to 19 years of age; The leadership skills 4–H members meet the needs of students than conventional Whereas today’s 4–H Clubs are very di- develop, the practical knowledge they schools. Charter schools exercise increased verse, offering agricultural, career develop- accumulate in the programs they autonomy in return for increased account- ment, information technology, and general study, the friendships they build, and ability. They are accountable for both aca- life skills programs; and the experiences they have in competi- Whereas the 4–H Youth Development Pro- demic results and fiscal practices to their gram continues to make great contributions tion and problem-solving make them sponsors, their parents, and the public. toward the development of well-rounded better people and make our country a The charter schools in my district, Syzygy youth: Now, therefore, be it better place. Charter School, Visional Academy Charter Resolved, That the House of Representa- Earlier this year, my family and I School, Tomorrow’s Builders Charter School, tives recognizes the upcoming 100th anniver- had the happy privilege of visiting with and Fort Bowman Academy Charter School, sary of the 4–H Youth Development Program several 4–H’ers at the Florida State increase opportunities for learning and access and commends such program for service to Fair in Tampa and the Orange County to quality education for all students, create the youth of the world. Fair in Orlando, Florida. These young choice for parents and students within the The SPEAKER pro tempore. Pursu- people had prepared several impressive public school system, encourage innovative ant to the rule, the gentleman from agricultural exhibits, and they were teaching practices, and encourage community Florida (Mr. KELLER) and the gentle- also very knowledgeable about the and parent involvement in public education. woman from Hawaii (Mrs. MINK) each cows and the pigs and other livestock Mr. Speaker, it is important to establish a will control 20 minutes. they had raised. These 4–H members National Charter School Week. The charter The Chair recognizes the gentleman made quite a positive impression on schools in my district and nationwide dem- from Florida (Mr. KELLER). my two young children. onstrate impressive levels of achievement and GENERAL LEAVE In a changing world, I am very glad accomplishment, and I commend them for Mr. KELLER. Mr. Speaker, I ask that 4–H has been there for America’s their continued dedication to serve. For these unanimous consent that all Members young people and has continued to reasons, I support this legislation. may have 5 legislative days within grow with them. 4–H helps to prepare Mr. ROEMER. Mr. Speaker, I yield which to revise and extend their re- them for the challenges they continue back the balance of my time. marks on H. Res. 112. to face and help America to continue Mr. KELLER. Mr. Speaker, I have no The SPEAKER pro tempore. Is there to be the place where the ideas and be- further requests for time, and I yield objection to the request of the gen- liefs that made it great are still taught back the balance of my time. tleman from Florida? and practiced. The SPEAKER pro tempore (Mr. LIN- There was no objection. Congratulations 4–H on 100 years of DER). The question is on the motion of- Mr. KELLER. Mr. Speaker, I yield success and service, and best wishes for fered by the gentleman from Florida myself such time as I may consume. 100 more.

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.029 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1689 Mr. Speaker, I reserve the balance of tell my colleagues something about the Make the Best Better.’’ Our country my time. 4–H movement in my own State. The benefits enormously from programs Mrs. MINK of Hawaii. Mr. Speaker, I first club was organized in 1918. It had like 4–H. With the rising tide of teen yield myself such time as I may con- 31 members and was on my own island suicide, drug use, and school violence, sume. of Maui, where I was born. It grew from the 4–H gives our youth an avenue to (Mrs. MINK of Hawaii asked and was there to have clubs in all of the islands, excel and build self-esteem. One suc- given permission to revise and extend Oahu, the big island of Kauai. It was cess story from a young 4–H’er in Geor- her remarks.) very much centered on the agricultural gia caught my eye. It is entitled, ‘‘4–H Mrs. MINK of Hawaii. Mr. Speaker, I basis of farming and hog raising and Brought Me to Life.’’ rise in very strong support of House cattle raising, and the contests and It goes on to say, ‘‘I was not popular Resolution 112, which recognizes the various kinds of agricultural activities. at all. I had just moved and I felt like upcoming 100th anniversary of the 4–H Today, the Hawaii 4–H organization an outcast. One day a lady came. She Youth Development Program. I am has 24,000 participants throughout the was with 4–H. I really did not do any- very proud to be an original cosponsor whole island, and they engage in a wide thing with 4–H that year except camp. of this legislation; and I would like to variety of activities; not just farming, I then said I’m going to have fun and commend my colleague, the gentleman but citizenship, civic education, the make this year the best of my life. It from Florida (Mr. FOLEY), for intro- arts, sciences, environmental edu- has been 3 years since. I’m now in the ducing this important recognition of a cation, and all the things that go to 8th grade. I have friends all over Geor- voluntary youth movement that has making up the totality of the human gia. 4–H brought me to life.’’ been highly successful in our country. development. The gentlewoman from Hawaii men- Too often, I think, many of us in So I stand today very proud to ac- tioned several of the people who are Congress rely upon the initiative com- knowledge the importance of the 4–H former 4–H’ers that I think deserve no- ing from governmental sources. We clubs and to join in celebrating the up- tation, and I will read the list. And look for ways in which we can stimu- coming 100th birthday. while I read the list, I will ask my col- late young people into doing produc- Mr. Speaker, I reserve the balance of leagues to think with me, because I tive work and innovative programs for my time. think one of the hallmarks of 4–H is self-improvement. But here is an exam- Mr. KELLER. Mr. Speaker, I yield that none of these people have been in- ple, where nearly 100 years ago, a group such time as he may consume to the volved in any controversy. Seldom do of individuals got together and decided gentleman from Florida (Mr. FOLEY), we hear of a child that has been ac- that the young people could come to- the sponsor of this important House cused of a crime or another problem gether and determine the ways in resolution. having 4–H on their resume. It obvi- which they might help themselves, and Mr. FOLEY. Mr. Speaker, I appre- ously leads them on the right path, not this is precisely the strength and the ciate the leadership of the gentleman the wrong path. energy that the 4–H movement leaders from Florida on the floor today on this Listen to some of these famous had. It is very exciting to know that over very issue. And I want to take a mo- names: Glen Campbell, Johnny Carson, the years it has grown. As my col- ment before I begin my prepared re- Johnny Cash, John Denver, Janie league, the gentleman from Florida marks to commend my colleague, the Fricke, Faith Hill, Holly Hunter, gentlewoman from Hawaii (Mrs. MINK), Martina McBride, Reba McIntyre, (Mr. KELLER), said, there are almost 7 million young people, ages 5 to 19, that for her wonderful homecoming for Dolly Parton, Charlie Price, Charley participated in the 4–H programs in the members of the Navy who flew back Pride, Roy Rogers, Ricky Skaggs, year 2000; 1.6 million were members of and first landed in Hawaii on their re- Sissy Spacek, Aaron Tippin, and even 103,000 clubs; 2.5 million were members turn to the United States from China. my favorite, Orville Redenbacher, who in a variety of special interest groups; We are particularly honored by the brings us such great popcorn. 3.6 million were members of school en- way the gentlewoman put the presen- These are people that learned the ba- richment programs. There were indi- tation together, and we are delighted sics of life from 4–H and why I am tre- vidual study groups, instructional pro- that they are on American soil again. mendously proud we are saluting them grams, child care programs, and many Mr. Speaker, I rise to speak on House today on the House floor. Hopefully, it opportunities for groups that went out Resolution 112, a resolution I intro- will not only give them the enthusiasm camping and other types of excursions. duced to recognize next year’s 100th an- but the direction that not only do As my colleague said, initially this niversary of the 4–H Youth Develop- Members of Congress support them, but was supposed to be a farm or agri- ment Program, and commending the 4– the Nation looks up to those in the 4– culturally centered program, but it has H program for service to the youth of H movement, those that have brought gradually moved in from the farms to the world. the 4–H’ers to communities throughout our small towns and our communities. The 4–H program has grown over the our country. Today, well over half of the program is years to include 6.6 million children. I want to pay special tribute, because centered around small towns and cities These 5- to 21-year-olds have benefited 100 years does not come often in any- throughout the country. Thirty per- tremendously from 4–H’s wealth of di- one’s life, nor the legacy of any organi- cent of the participants are from mi- verse programs: from agriculture, ca- zation. I am joined by many, many of nority racially-ethnic groups. An as- reer development, information tech- my colleagues who have become co- tounding statistic that I found was nology, to general life skills. These sponsors of this movement and of this that 52 percent of the participants are programs are offered in both rural and resolution, and they are noted in the girls and 48 percent boys. I am very en- urban areas of the world. RECORD. I would like to thank John couraged by that. We have over 610,000 The 4–H continues to make great Hildreth, my legislative specialist, who volunteers, adults and others over age contributions toward the development was working on this as well with us. 19, who are participating in this pro- of well-rounded youth both in America Again, my salute to every hamlet in gram and helping the 4–H movement to and abroad. The program enables youth America, wherever there is a 4–H. And grow. to have fun, meet new people, learn for children that may be listening, if Many of us feel very honored each new life skills, build self-confidence, you feel alone and you feel desperate, year to have the leaders of our 4–H learn responsibility, and set and look to 4–H for leadership. Look to 4–H clubs come to visit us in Washington. achieve goals. In fact, more than 45 for guidance. Become a member of this They come to participate in the wide million people worldwide are 4–H alum- great organization, and your life can variety of national programs, some ni, including my distinguished col- turn around much like that of the girl elective, some not; and it is always a league, the gentleman from Idaho (Mr. from Georgia. I commend them to you, pleasure to see these young people and OTTER), who told me just moments ago I commend them to your community, the energy that they bring to the work he will celebrate his 50th year of swear- and I salute them. that they do. ing in as a member of the 4–H Club. Mrs. MINK of Hawaii. Mr. Speaker, I Before I end my short part in this The 4–H truly builds the leaders of am delighted to yield 4 minutes to the program this afternoon, I wanted to tomorrow. In fact, their motto is ‘‘To gentlewoman from North Carolina

VerDate 01-MAY-2001 03:30 May 02, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.050 pfrm01 PsN: H01PT1 H1690 CONGRESSIONAL RECORD — HOUSE May 1, 2001 (Mrs. CLAYTON), who is currently the gether, as necessary pieces of a whole, said that ‘‘to try and fail is at least to co-chair for the Rural Caucus, and has do we see the complete picture. learn, but to fail to try is to suffer that led us in so many areas that are impor- We must address the entire fabric of estimable cost of what might have tant to rural America. farming communities across the coun- been.’’ Mr. Speaker, 4–H knows what it Mrs. CLAYTON. Mr. Speaker, I try, including youth development, is. thank the gentlewoman for yielding me rather than just the single threads that Mr. KELLER. Mr. Speaker, I yield 2 this time. bind it together. minutes to the gentlewoman from Vir- Mr. Speaker, I rise today in com- The stakes are high. The livelihood ginia (Mrs. JO ANN DAVIS). mendation of the upcoming 100th anni- of millions of farmers and the future of Mrs. JO ANN DAVIS of Virginia. Mr. versary of the 4–H youth program. For our youth in America and urban area Speaker, I rise today in support of almost a century, 4–H has been a con- are at stake. But I am heartened as we House Resolution 112, recognizing the stant beacon reminding us that we move forward, because standing along- upcoming 100th anniversary of the 4–H only receive from our communities as side us is the national 4–H program, Youth Development Program in 2002. much as we put into them. The 4–H building leaders for rural and urban Mr. Speaker, as you have heard, the Youth Development Program has long America. four H’s stand for head, heart, hands recognized that leadership is not an in- I commend them on their upcoming and health; and the program gives chil- nate quality, but rather that leader- birthday. dren and youth the opportunity to gain ship is built one step, one person, one Mr. KELLER. Mr. Speaker, I yield 3 responsibility through hands-on in- community at a time. minutes to the gentleman from Idaho volvement in challenging projects. 4–H Rural America needs leaders today (Mr. OTTER). began as an agricultural education pro- more than ever. I know I need not re- Mr. OTTER. Mr. Speaker, I thank the gram for youth, and clubs were formed mind my colleagues of the crisis in gentleman for yielding me this time. with adult volunteers to encourage rural America today. I would like to Mr. Speaker, nearly 50 years ago I learning by doing. give my heartfelt thanks to 4–H for raised my right hand and I said, ‘‘I Mr. Speaker, I am personally famil- providing rural America with strong pledge my head to clearer thinking, my iar with 4–H as my youngest son spent voices of leadership for almost 100 heart to greater loyalty, my hands to most of his teen years in a 4–H club and years. I would also like to urge 4–H to larger service, my health to better liv- showed quarter horses in local com- continue their very fine work. The fate ing, for my club, my community, my petitions and the State fair. The club of rural America may well rest in the country, and my world.’’ developed his leadership skills and next generation of leadership. Mr. Speaker, some of my colleagues made him a more responsible and pur- I regret the fact that this country may argue that not all of that took as poseful young man. does not have a policy for rural Amer- well as it might have, but I would As we recognize 4–H, I want to com- ica. It needs one desperately. As this argue for whatever benefit I did receive mend the dedicated volunteers and Congress considers ways in which to in taking that pledge, my life has been county extension agents that have assist rural America, I think that we richly blessed and immensely improved given countless hours of their time to would be wise to look to the national by the process that goes on in 4–H. help children and youth develop their 4–H for direction. In fact, 4–H has The pledge of my head stands for the skills and learn, while having fun, and served rural America well and has ex- clear thinking that is required to be a to thank them for the good times my panded its services and its opportuni- 4–H’er. Not only that, but the decision- son has enjoyed, and to wish the orga- ties to urban youth, for which we con- making process and the collection of nization another productive century of gratulate and commend them. knowledge, knowledge that one will service. The four components of 4–H, the use throughout their life. Mr. KELLER. Mr. Speaker, I yield 21⁄2 head, the heart, the hand, and health, In pledging greater loyalty from the minutes to the gentlewoman from speak to our unstated obligation to heart, the 4–H’er promises to have Maryland (Mrs. MORELLA). survey the needs of rural America com- greater loyalty to his fellow man and Mrs. MORELLA. Mr. Speaker, I prehensively, not in isolation from one to his country, but also to himself and thank the gentleman for yielding me another. In fact, the national 4–H sta- for those values that they themselves this time. tistics are very impressive. We have stand for. I rise, as my colleagues have, to rec- heard them already, but they are worth To pledge their hands to larger serv- ognize the upcoming anniversary of the mentioning again. There are more than ice, in this day and age it is certainly dynamic 4–H Youth Development Pro- 6 million youth, from the ages of 5 to needed by every citizen of this country. gram. I congratulate the gentleman 19, who are involved in 4–H program. Finally, to pledge their health, we all from Florida (Mr. FOLEY) for intro- Over half of them are from urban areas. know the value of what good, healthy ducing H. Res. 112. Indeed, only 10 percent of them are lifestyles can stand for in this country. For a century the 4–H club has of- from farm programs. So, indeed, it has Mr. Speaker, I would like to asso- fered a wide range of projects and ac- moved from its original program of ciate myself with the remarks of my tivities for the purpose of building the serving farm youth to serving the colleague, the gentleman from Florida leaders of tomorrow. I am fortunate youth of America, and we commend (Mr. FOLEY), who spoke before me, be- enough to represent the congressional them for that. cause he covered much of the material district with not only local branches of More importantly, they provide lead- that I had intended to. I would like to the 4–H club, but also the headquarters ership. They provide opportunity for point out, in the nearly 7 million par- of the 4–H Youth Development Pro- development. They provide enrichment ticipants, as mentioned by the gentle- gram at the National Conference Cen- programs. They provide environmental woman from Hawaii (Mrs. MINK), some ter in Chevy Chase, Maryland. studies. But, also, they provide leader- 597,000 are involved in citizenship civic In my district, Montgomery County, ship and training both for the youth education programs, nearly 1 million in the 4–H club reaches over 8,000 youth and the adults who are involved in community expressive arts programs, a annually with such innovative pro- that. half a million in consumer family grams as Adventures in Science. Dur- science, 1.3 million in environment and ing the early 1970s, Ralph R. Nash b 1600 science programs. In Idaho, Mr. Speak- began this hands-on science education The needs for rural America are er, 32,643 members in 3,743 clubs with activity in his basement in Gaithers- many: historically low commodity 4,200 adults participate in the volun- burg, Maryland, in order to provide prices, crumbling infrastructure, lim- teer and leadership programs for 4–H. science adventures for his daughter. ited education opportunities, out-mi- Mr. Speaker, I join with my col- Over the years, AIS has introduced the gration of youth, limited employment leagues as a cosponsor in recognizing, fun of science to hundreds of children. opportunities, lack of access to quality as is long overdue, the 4–H Clubs of the AIS now meets at five sites in Mont- health care. Every one of these is, in- United States of America that have gomery County, and additional pro- deed, a serious problem in its own stood for a long time for those words so grams have been initiated at several right, but only by seeing them to- aptly put by Chester Bernard when he other sites in the country, based on the

VerDate 01-MAY-2001 03:08 May 02, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.052 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1691 same philosophy and a similar format. world.’’ And it means a great deal to a personal leadership and responsibility for our Since the early 1990s, the Montgomery lot of young Americans that we can actions. And third, we must celebrate our dif- County 4–H program has provided an still do that pledge. ferences as well as our similarities, and al- administrative framework for AIS, Ms. JACKSON-LEE of Texas. Mr. Speaker, ways realize that working with youth as part- using 4–H Maryland Cooperative Exten- I rise in support of H. Res. 112 in honor of the ners is the key to our success. sion volunteers as site managers. millions of young people who participate in the Over 5.6 million young people are involved The Adventures in Science goal is to 4–H program. in the 4–H clubs, dedicating time and effort to present science as an exciting activity Mr. Speaker, this resolution recognizes the the betterment of their communities and their and a way of thinking about the world, 100th anniversary of the 4–H Youth Develop- country. In fact, volunteerism among Amer- rather than as a compendium of facts. ment Program and commends the program for ica’s youth has increased over the years, indi- The topics presented reflect the inter- its service to the youth of the world. With over cating that these fine young people have a ests of children and the volunteers, 6.8 million members, the program is a stellar sincere interest in helping fellow Americans. rather than any prescribed curriculum. example of what is best and most successful On the 100th anniversary of the 4–H club, The 4–H method of ‘‘learning by doing’’ in selfless community and national service. I am honored to have the opportunity to com- facilitates not only the education proc- Mr. Speaker, at a time in our history when memorate the group because I am a former ess but also encourages teamwork and we are so often consumed by what is wrong 4–H member myself. Growing up in Wis- develops conflict resolution skills. with our youth culture, I am delighted to take consin, I loved and appreciated the time that The Adventures in Science program, this occasion to honor many of our Nation’s I spent within my 4–H club. In fact, two of my in addition to the various annual ac- young people who, each and every day, work staffers here in Washington were also 4–H tivities at the Montgomery County Ag- to give back to their communities in positive members in their youth. The 4–H Clubs ex- ricultural Fairgrounds, instills a spirit ways through public service, education, and tend their invaluable services throughout the of community and volunteerism into leadership. United States and have personally touched the area’s youth. It is this spirit that ‘‘To make the best better.’’ That is the 4–H many of our lives. enables the 4–H Youth Development motto, and it rings true. The 4–H pledge Mr. Speaker, in closing, I am delighted to Program to fulfill the lofty ambition of states: ‘‘I pledge my head to clear thinking; my speak here today to honor and commemorate their motto, ‘‘to make the best bet- heart to greater loyalty; my hands to larger the 4–H Youth Development Program and its ter.’’ service; my health to better living; for my club, contributions to American communities for the I was very impressed that Mr. OTTER my community, my country, and my world.’’ past century. By pledging their heads to clear- earlier gave the 4–H pledge, ‘‘I pledge Mr. Speaker, these are good and inspiring er thinking, their hearts to greater loyalty, their my head to clearer thinking, my heart words to live by. hands to larger service, and their health to to greater loyalty, my hands to larger 4–H provides our Nation’s youth with the better living, our young people—along with the service, my health to better living, for kinds of support, and positive life-experience adult volunteers who teach and help them— my club, my community, my country, challenges that are so important in their devel- are working to strengthen the clubs, their com- and my world.’’ opment into responsible and active members munities, and their country. Mr. PUTNAM. Mr. Speaker, in 2002, the 4– Mr. KELLER. Mr. Speaker, I yield 2 of our community. 4–H is committed to nur- H movement celebrates its centennial as one minutes to the gentleman from Iowa turing our youth so that they may reach their of America’s premier youth development orga- (Mr. LATHAM). fullest potential by building self-confidence, nizations. Reflecting its historic vision, Con- Mr. LATHAM. Mr. Speaker, I thank teaching responsibility, and by setting and at- gress is commemorating this event that has the gentleman from Florida for yield- taining personal goals. brought together our nation’s youth, youth ing me this time. With focus programs ranging from Work- leaders, and communities for over a century As someone who was in 4–H for 9 force Preparation; Environmental Stewardship; and created youth development strategies for years and learned a great deal from my Health, Wellness and Safety; Community De- activities there, and everybody thinks the future. velopment; and Youth Changing Their Com- No other youth organization spans the na- about 4–H as how to have a project for munity, 4–H operates through fairs, shows, tion like the 4–H movement, traveling the most raising livestock or grains, that type of camps, state youth gatherings, a national con- remote roads of rural America and the most project, the things that helped me the gress, a national conference, a collegiate pro- diverse streets of our large cities. 4–H is most in 4–H, we had Carl Rayder, our gram, and through an international youth ex- uniquely poised to bring together youth extension director, used to have special change. through collaboration, engagement, and a classes for us out in the country and 4–H is committed to bringing children and commitment to civic responsibility to build a teach us about etiquette: How to eat at adults together through community service by nation of strong communities. 4–H is in every a table, how to dress. We had fashion creating bonds that last a lifetime. This makes county in every state, in every U.S. territory shows. There are a lot of different 4–H a unique and truly inspiring example of and the District of Columbia and 3,067 coun- things that 4–H did in rural America what is best in our community and national tries around the world. that really helped us along in life. service. These young people, their parents The 4–H mission is to create supportive en- Mr. Speaker, probably the most im- and sponsors do a great job, and they de- vironments for diverse youth and adults to portant thing is the leadership that serve our thanks and our applause. reach their fullest potential. The 100 year-old was taught in 4–H and the opportunity Mr. KIND. Mr. Speaker, I am honored to program has molded itself to meet the needs for a young farm kid to be a leader in have the opportunity to recognize and com- of our citizens by focusing on developing rural, his 4–H club locally, county-wide, and mend the 4–H Youth Development Program. suburban and urban youth and teaching youth move on to State offices, things like Today marks the organization’s 100th anniver- utilizing the research and knowledge base of that were very, very important and sary and it is important for Congress to take our state’s land grant institutions. 4–H has meant a great deal to us in 4–H. the time to recognize this outstanding pro- broadened its program areas to encompass I am also extremely proud that Clar- gram. not only agriculture and animal science, but ion, Iowa, which is in my district, is The 4–H is a dynamic group whose mission also public speaking, computers, wildlife, for- the home of the 4–H emblem; the four- is to foster innovation and shared learning of estry and many other topics of interest to to- leaf clover with the four H’s, one H on America’s youth, ages 6 to 19. Its vision is to day’s youth. each leaf of the clover, obviously, is a draw upon combined power of youth and Through ‘‘learning by doing’’ experiences, sign that is known by everyone as rep- adults so that we can learn together in order young people in the 4–H program are edu- resenting the 4–H itself. to address the challenges and opportunities cated through hands-on instruction about the Mr. Speaker, 4–H has been a very, critical to youth in our communities. The 4–H world around them with the guidance of over very positive experience for young peo- is uniquely established to provide opportunity 600,000 volunteer leaders and cooperative ex- ple for 100 years now. I want to con- to young people nationwide to learn valuable tension service faculty who invest time, talent, gratulate them. I do not have to read life skills, work with others toward common and trust in our youth. the 4–H motto. ‘‘I pledge my head to goals, and develop into community leaders. The 4–H program enables young people to clearer thinking, my heart to greater 4–H stresses three fundamental values: grow up and become participating citizens and loyalty, my hands to larger service, my First, Mr. Speaker, we must treat others with defenders of democracy through outstanding health to better living, for my club, my mutual trust and respect and open and honest and exemplary programs such as the 4–H leg- community, my country, and my communication. Second, we must assume islatures and the citizenship project. The 4–H

VerDate 11-MAY-2000 04:10 May 02, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\K01MY7.054 pfrm01 PsN: H01PT1 H1692 CONGRESSIONAL RECORD — HOUSE May 1, 2001 program serves 6.8 million youth across Amer- tion, as part of the land grant system, experi- Mr. HOBSON. Mr. Speaker, I rise in support ica through 4–H clubs, special interest groups, mental stations were established in agricultural of H. Res. 112, and recognize the accomplish- camping and school enrichment educational production and technology. Although the farm- ment of the 4–H Youth Development Program. programs. 4–H young people devote thou- ing community did not readily accept these In 1902, in Clark County, Ohio, which is my sands of hours in service to their communities new ideas and concepts, concerned citizens, home and part of Ohio’s 7th Congressional annually through programs such as ‘‘4–H’ers school teachers, agricultural scientists scat- District, Mr. Albert Belmont Graham held the Helping the Hungry’’ and other service activi- tered the seeds that started the roots of the 4– first meeting of what eventually become ties that benefit the people of our nation. H. By 1902, the club concept was adopted known throughout the nation as 4–H. The four In the coming century, 4–H is posed to pro- and hence the forming of a club for boys and H’s are head, heart, hands and health; all of vide a national curriculum for youth develop- girls promoting vocational agriculture in rural which should be used to serve your commu- ment professionals reflecting tools and strate- schools through the land grant system. by nity, country, and world. The purpose of Mr. gies that yield the most successful outcomes. 1914 the Cooperative Extension System was Graham’s initial meeting was to instruct the enacted with the passage of the Smith-Lever By its call to excellence epitomized in its motto county youth on the best methods of har- Act. This was a unique partnership created by ‘‘to make the best better,’’ 4–H is inspiring to- vesting corn, testing soil samples, planting a Congress to establish national educational day’s young people to strive for their dreams garden, and identifying natural wildlife. and not settle for anything less than their best network designed to meet the need for re- Soon, The Ohio State University’s College effort. Congress recognizes these accomplish- search, knowledge and educational programs. of Agriculture became interested in Mr. Gra- ments through this resolution celebrating the Local leaders were now involved and as a part ham’s meetings, and assisted him in setting centennial anniversary of 4–H programs for of the program base for the cooperative exten- up more of these ‘‘agricultural clubs’’ across America’s youth. sion programs the concept of 4–H expanded Mr. STENHOLM. Mr. Speaker, as the 4–H beyond agricultural vocation. the State of Ohio. Since that time, 4–H has program prepares to celebrate its 100th anni- During its first 80 years, 4–H grew from an expanded to all fifty states, internationally to versary as a national organization, I rise today organization primarily concerned with improv- more than 80 countries, and 45 million people ing agricultural production and food preserva- to honor them and to congratulate the individ- now are 4–H alumni. The original curriculum tion to one dedicated to total youth develop- uals who have made this program a tremen- has been expanded to include health, family ment. It has become an integral part of the dous national success. Let me also add that life, photography, and more than 200 subject Land-Grant University and the Cooperative areas. The 4–H community not only includes 4–H has also passed another significant mile- Extension Service Systems and is one of the stone in my own home state of Texas: For the those with agricultural backgrounds, but has nation’s most diverse organizations that has broadened to reach the youths of the inner-cit- first time in its history, over one million young now come to include people from every eco- people are enrolled in the various Texas 4–H ies and suburbs. nomic, racial, social, political and geographic Every summer when I tour the county fairs programs. category. More than 6.8 million youth annually Young people are the future leaders of our in my district and see young men and women participate in 4–H programs. These programs showcasing their talents, I am reminded of the country and the lessons they learn in 4–H pro- are conducted via the Cooperative Extension vision of Albert Belmont Graham and his 4–H grams, in any state or U.S. territory, help them System in 3,067 counties in the United States, program, which continues to provide lasting to be responsible, energetic, and committed the District of Columbia, the Commonwealth of educational, cultural, and social benefits to individuals who make an important contribu- Puerto Rico and in my home district of Guam. young people across America and throughout tion to our nation. The 4–H has followed the needs of the na- the world. I commend 4–H for the positive impact it tion’s youth from rural America to our urban has on cultivating the head, heart, hands, and and suburban communities, and even further Mrs. MINK of Hawaii. Mr. Speaker, I health of our young people. The positive edu- into our U.S. Territories. The participation of have no further requests for time, and cational experiences 4–H affords young peo- young people in developing and governing 4– I yield back the balance of my time. ple allows them to imagine unlimited possibili- H has been key to its continuing success. Mr. KELLER. Mr. Speaker, I have no ties and to take them in new and exciting di- In 1972 the University of Guam was award- further requests for time, and I yield rections. ed land grant status and by 1974 the College back the balance of my time. I would also like to recognize the efforts of of Agriculture and Life Sciences (CALS) was 4–H adult volunteers; it is their continuing ef- The SPEAKER pro tempore (Mr. established. With the establishment of CALS, HASTINGS of Washington). The question forts that allow this great organization to grow. 4–H youth development on Guam was offi- 4–H leaders say they work to make the best is on the motion offered by the gen- cially sanctioned and is today 27 years old. 4– tleman from Florida (Mr. KELLER) that better. For almost 100 years they have done H has served its members in Guam and other just that, and our country is clearly the better the House suspend the rules and agree Pacific Island areas. Through public and pri- to the resolution, H.Res. 112. for it. vate partnerships, the 4–H club has afforded The question was taken; and (two- Mr. UNDERWOOD. Mr. Speaker, I rise many of our island youth the opportunity to today to support H. Res. 112, recognizing the engage in activities that hold their personal in- thirds having voted in favor thereof) upcoming 100th anniversary of the 4–H Youth terest, while being guided by adult volunteers. the rules were suspended and the reso- Development Program and commending such Youth development professionals employed by lution was agreed to. program for service to the youth of the world. the Cooperative Extension System with the A motion to reconsider was laid on I would especially like to extend a heartfelt University of Guam provide direction and lead- the table. congratulations to the members of the Guam ership and centers on the personal growth of 4–H Club on their twenty-seven years of com- the 4–H member. Through projects, activities f munity activism and commitment to our youth. and events sponsored by the extension pro- The 4–H started as an idea that generated gram, our 4–H youth members build life skills COMMUNICATION FROM HON. RICH- in the United States and developed according they can use for the rest of their lives. Be- ARD A. GEPHARDT, DEMOCRATIC to the needs of our communities. For most of cause of their experiences with 4–H, our youth LEADER the nineteenth century, rural America set the become contributing, productive, self-directed The SPEAKER pro tempore laid be- tone for the country. However, things changed members of a forward moving society. Experi- fore the House the following commu- at the turn of the century and jobs in the larger ences are built around life skills that center on nication from RICHARD A. GEPHARDT, cities enticed the youth of rural America and positive self esteem, communication and deci- Democratic Leader. many moved in search of economic prosperity. sion making. Citizenship, leadership, learning HOUSE OF REPRESENTATIVES, These rural communities were faced with how to learn, and the ability to cope with OFFICE OF THE DEMOCRATIC LEADER, the potential loss of children leaving to the change are also important life building skills larger cities. With these concerns to educate Washington, DC, May 1, 2001. learned through their activities. Two of my chil- Hon. J. DENNIS HASTERT, the children of rural America and the ad- dren, Sophia and Roberto, now grown adults Speaker of the House of Representatives, Wash- vances in agricultural technology came the 4– in their 30’s, participate in 4–H activities in ington, DC. H idea of practical and applied educational Guam. I can’t help but think that their matura- DEAR MR. SPEAKER: Pursuant to section 44 principles in the public schools of country life. tion was assisted by their experience. U.S.C. 2702, I hereby reappoint the following In 1862, the Morrill Act created the land grant I can think of no greater tribute to the 4–H individual to the Advisory Committee on the university system. These land grant institutions program than by recognizing its 100th Anni- Records of Congress: were dedicated to the general education and versary of community activism, and its positive Dr. Joseph Cooper of Baltimore, MD improvement of agricultural and mechanical youth development through its partnerships Yours very truly, arts in the education of rural children. In addi- and programs. RICHARD A. GEPHARDT.

VerDate 11-MAY-2000 04:10 May 02, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.034 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1693 RECESS [Roll No. 90] Pallone Sanchez Tauzin Pascrell Sanders Taylor (MS) The SPEAKER pro tempore. Pursu- YEAS—418 Pastor Sandlin Taylor (NC) Payne Sawyer Terry ant to clause 12 of rule I, the Chair de- Abercrombie Deutsch Johnson, Sam Pelosi Saxton Thomas Ackerman Diaz-Balart Jones (NC) clares the House in recess until ap- Pence Scarborough Thompson (CA) Aderholt Dicks Jones (OH) proximately 6 p.m. today. Peterson (MN) Schaffer Thompson (MS) Akin Dingell Kanjorski Peterson (PA) Schakowsky Thornberry Accordingly (at 4 o’clock and 13 min- Allen Doggett Kaptur utes p.m.), the House stood in recess Petri Schiff Thune Andrews Dooley Keller Phelps Schrock Thurman until approximately 6 p.m. Armey Doolittle Kelly Pickering Scott Tiahrt Baca Doyle Kennedy (MN) Pitts Sensenbrenner Tiberi f Bachus Dreier Kennedy (RI) Platts Sessions Tierney Baird Duncan Kerns Pombo Shadegg Toomey b 1800 Baker Dunn Kildee Pomeroy Shaw Towns Baldacci Edwards Kilpatrick Portman Shays Traficant AFTER RECESS Baldwin Ehlers Kind (WI) Price (NC) Sherman Turner Ballenger Ehrlich King (NY) The recess having expired, the House Pryce (OH) Sherwood Udall (CO) Barcia Emerson Kingston Putnam Shimkus Udall (NM) was called to order by the Speaker pro Barr Engel Kirk Quinn Shows Upton tempore (Mr. ISAKSON) at 6 p.m. Barrett English Kleczka Radanovich Simmons Velazquez Bartlett Eshoo Knollenberg Rahall Simpson Visclosky f Barton Etheridge Kolbe Ramstad Skeen Vitter Bass Evans Kucinich Rangel Skelton Walden APPOINTMENT OF MEMBERS TO Becerra Everett LaFalce Regula Slaughter Walsh JOINT ECONOMIC COMMITTEE Bentsen Farr LaHood Rehberg Smith (MI) Wamp Bereuter Fattah Lampson Reyes Smith (NJ) Waters The SPEAKER pro tempore. Without Berkley Ferguson Langevin Reynolds Smith (TX) Watkins objection, and pursuant to 15 U.S.C. Berman Filner Lantos Riley Snyder Watt (NC) Berry Flake Largent Rivers Solis Watts (OK) 1024(a), the Chair announces the Speak- Biggert Fletcher Larsen (WA) Rodriguez Souder Waxman er’s appointment of the following Mem- Bilirakis Foley Larson (CT) Roemer Spence Weldon (FL) bers of the House to the Joint Eco- Bishop Ford Latham Rogers (KY) Spratt Weldon (PA) Blagojevich Fossella LaTourette nomic Committee: Rogers (MI) Stark Weller Blumenauer Frank Leach Rohrabacher Stearns Wexler Mr. RYAN of Wisconsin; Blunt Frelinghuysen Lee Ros-Lehtinen Stenholm Whitfield Mr. SMITH of Texas; Boehlert Frost Levin Ross Strickland Wicker Boehner Gallegly Lewis (CA) Ms. DUNN of Washington; Roukema Stump Wilson Bonilla Gekas Lewis (GA) Roybal-Allard Stupak Wolf Mr. ENGLISH of Pennsylvania; Bonior Gephardt Lewis (KY) Royce Sununu Woolsey Mr. PUTNAM of Florida; Bono Gibbons Linder Rush Sweeney Wu Mr. STARK of California; Borski Gilchrest Lipinski Ryan (WI) Tancredo Wynn Boswell Gillmor LoBiondo Mrs. MALONEY of New York; and Ryun (KS) Tanner Young (AK) Boucher Gilman Lofgren Sabo Tauscher Mr. WATT of North Carolina. Boyd Gonzalez Lowey There was no objection. Brady (PA) Goode Lucas (KY) NAYS—1 Brady (TX) Goodlatte Lucas (OK) Paul f Brown (FL) Gordon Luther Brown (OH) Goss Maloney (CT) NOT VOTING—12 Brown (SC) Graham Maloney (NY) ANNOUNCEMENT BY THE SPEAKER Buyer Millender- Smith (WA) Bryant Granger Manzullo PRO TEMPORE Ganske McDonald Weiner Burr Graves Markey Gutierrez Moakley Young (FL) Burton Green (TX) Mascara The SPEAKER pro tempore. Pursu- Hobson Rothman Callahan Green (WI) Matheson ant to clause 8 of rule XX, the Chair John Serrano Calvert Greenwood Matsui will now put the question on each mo- Camp Grucci McCarthy (MO) tion to suspend the rules on which fur- Cannon Gutknecht McCarthy (NY) b 1825 ther proceedings were postponed from Cantor Hall (OH) McCollum Capito Hall (TX) McCrery Mr. MEEKS of New York and Mr. earlier today in the order in which that Capps Hansen McDermott SHERWOOD changed their vote from motion was entertained. Capuano Harman McGovern ‘‘nay’’ to ‘‘yea.’’ Votes will be taken in the following Cardin Hart McHugh So (two-thirds having voted in favor order: Carson (IN) Hastings (FL) McInnis Carson (OK) Hastings (WA) McIntyre thereof), the rules were suspended and House Concurrent Resolution 91, by Castle Hayes McKeon the concurrent resolution was agreed the yeas and nays; Chabot Hayworth McKinney to. House Concurrent Resolution 95, by Chambliss Hefley McNulty Clay Herger Meehan The result of the vote was announced the yeas and nays. Clayton Hill Meek (FL) as above recorded. The Chair will reduce to 5 minutes Clement Hilleary Meeks (NY) A motion to reconsider was laid on the time for the second vote in this se- Clyburn Hilliard Menendez the table. ries. Coble Hinchey Mica Collins Hinojosa Miller (FL) f Combest Hoeffel Miller, Gary f Condit Hoekstra Miller, George RECOGNIZING THE IMPORTANCE Conyers Holden Mink Cooksey Holt Mollohan OF INCREASING AUTISM AWARE- ANNOUNCEMENT BY THE SPEAKER Costello Honda Moore PRO TEMPORE NESS Cox Hooley Moran (KS) Coyne Horn Moran (VA) The SPEAKER pro tempore. The The SPEAKER pro tempore (Mr. Cramer Hostettler Morella ISAKSON). Pursuant to the provisions of pending business is the question of sus- Crane Houghton Murtha pending the rules and agreeing to the Crenshaw Hoyer Myrick clause 9 of rule XX, the Chair will re- Crowley Hulshof Nadler duce to 5 minutes the minimum time concurrent resolution, H. Con. Res. 91. Cubin Hunter Napolitano The Clerk read the title of the con- for electronic voting on the additional Culberson Hutchinson Neal motion to suspend the rules on which current resolution. Cummings Hyde Nethercutt The SPEAKER pro tempore. The Cunningham Inslee Ney the Chair has postponed further pro- Davis (CA) Isakson Northup ceedings. question is on the motion offered by Davis (FL) Israel Norwood the gentleman from Pennsylvania (Mr. Davis (IL) Issa Nussle f GREENWOOD) that the House suspend Davis, Jo Ann Istook Oberstar the rules and agree to the concurrent Davis, Tom Jackson (IL) Obey Deal Jackson-Lee Olver SUPPORTING A NATIONAL resolution, H. Con. Res. 91, on which DeFazio (TX) Ortiz the yeas and nays are ordered. DeGette Jefferson Osborne CHARTER SCHOOLS WEEK The vote was taken by electronic de- Delahunt Jenkins Ose The SPEAKER pro tempore. The DeLauro Johnson (CT) Otter vice, and there were—yeas 418, nays 1, DeLay Johnson (IL) Owens pending business is the question of sus- not voting 12, as follows: DeMint Johnson, E. B. Oxley pending the rules and agreeing to the

VerDate 01-MAY-2001 04:34 May 02, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.057 pfrm01 PsN: H01PT1 H1694 CONGRESSIONAL RECORD — HOUSE May 1, 2001 concurrent resolution, H. Con. Res. 95, Maloney (CT) Petri Smith (MI) plane coming in from Los Angeles to Dulles, Maloney (NY) Phelps Smith (NJ) as amended. Manzullo Pickering Smith (TX) I missed the votes. Had I been present, I The Clerk read the title of the con- Markey Pitts Snyder would have voted ‘‘yea.’’ on both. current resolution. Mascara Platts Solis f Matheson Pombo Souder The SPEAKER pro tempore. The Matsui Pomeroy Spence PERSONAL EXPLANATION question is on the motion offered by McCarthy (MO) Portman Spratt Mr. RANGEL. Mr. Speaker, on April the gentleman from Florida (Mr. KEL- McCarthy (NY) Price (NC) Stark McCollum Pryce (OH) Stearns 26 I inadvertently voted ‘‘yea’’ on final LER) that the House suspend the rules McCrery Putnam Stenholm passage of H.R. 503, the Unborn Victims and agree to the concurrent resolution, McDermott Quinn Strickland of Violence Act, when it was my strong H. Con. Res. 95, as amended, on which McGovern Radanovich Stump intent to vote ‘‘no’’ on the bill. I feel the yeas and nays are ordered. McHugh Rahall Stupak McInnis Ramstad Sununu that the best way to protect the fetus This will be a 5-minute vote. McIntyre Rangel Sweeney is to better protect the woman, and be- The vote was taken by electronic de- McKeon Regula Tancredo McKinney Rehberg Tanner cause this legislation fails to address vice, and there were—yeas 404, nays 6, McNulty Reyes Tauscher the need for legislation to prevent and answered ‘‘present’’ 7, not voting 14, as Meehan Reynolds Tauzin punish violence against women, I follows: Meek (FL) Riley Taylor (MS) would not support this or any other Meeks (NY) Rodriguez Taylor (NC) [Roll No. 91] Menendez Roemer Terry similar bill. YEAS—404 Mica Rogers (KY) Thomas f Miller (FL) Rogers (MI) Thompson (CA) Abercrombie Culberson Hayes Miller, Gary Rohrabacher Thompson (MS) REPORT ON RESOLUTION PRO- Aderholt Cummings Hayworth Miller, George Ros-Lehtinen Thornberry VIDING FOR CONSIDERATION OF Akin Cunningham Hefley Mink Ross Thune H.R. 10, COMPREHENSIVE RE- Andrews Davis (CA) Herger Mollohan Roukema Thurman Armey Davis (FL) Hill Moore Roybal-Allard Tiahrt TIREMENT SECURITY AND PEN- Baca Davis (IL) Hilleary Moran (KS) Royce Tiberi SION REFORM ACT OF 2001 Bachus Davis, Jo Ann Hinchey Moran (VA) Rush Toomey Baird Davis, Tom Hinojosa Morella Ryan (WI) Towns Mr. Reynolds, from the Committee Baker Deal Hoeffel Murtha Ryun (KS) Traficant on Rules, submitted a privileged report Baldacci DeFazio Hoekstra Myrick Sabo Turner (Rept. No. 107–53) on the resolution (H. Baldwin DeGette Holden Nadler Sanchez Udall (CO) Res. 127) providing for consideration of Ballenger Delahunt Holt Napolitano Sanders Udall (NM) Barcia DeLauro Honda Neal Sandlin Upton the bill (H.R. 10) to provide for pension Barr DeLay Hooley Nethercutt Sawyer Velazquez reform, and for other purposes, which Barrett DeMint Horn Ney Saxton Visclosky was referred to the House Calendar and Bartlett Deutsch Hostettler Northup Scarborough Vitter Barton Diaz-Balart Houghton Norwood Schaffer Walden ordered to be printed. Bass Dicks Hoyer Nussle Schakowsky Walsh f Becerra Dingell Hulshof Oberstar Schiff Wamp Bentsen Doggett Hunter Obey Schrock Watkins EXPRESSING SYMPATHY TO FAM- Bereuter Dooley Hutchinson Olver Scott Watt (NC) ILY, FRIENDS, AND COWORKERS Berman Doolittle Hyde Ortiz Sensenbrenner Watts (OK) OF VERONICA ‘‘RONI’’ BOWERS Berry Doyle Inslee Osborne Sessions Waxman Biggert Dreier Isakson Ose Shadegg Weldon (FL) AND CHARITY BOWERS Bilirakis Duncan Israel Otter Shaw Weldon (PA) Mr. BALLENGER. Mr. Speaker, I ask Bishop Dunn Issa Oxley Shays Weller Blagojevich Edwards Istook Pallone Sherman Wexler unanimous consent that the Com- Blumenauer Ehlers Jackson (IL) Pascrell Sherwood Whitfield mittee on International Relations be Blunt Ehrlich Jackson-Lee Pastor Shimkus Wicker discharged from further consideration Boehlert Emerson (TX) Paul Shows Wilson of the concurrent resolution (H. Con. Boehner Engel Jefferson Payne Simmons Wolf Bonilla English Jenkins Pelosi Simpson Woolsey Res. 117) expressing sympathy to the Bono Eshoo Johnson (CT) Pence Skeen Wu family, friends, and coworkers of Borski Etheridge Johnson (IL) Peterson (MN) Skelton Wynn Veronica ‘‘Roni’’ Bowers and Charity Boswell Evans Johnson, Sam Peterson (PA) Slaughter Young (AK) Boucher Everett Jones (NC) Bowers, and ask for its immediate con- Boyd Farr Kanjorski NAYS—6 sideration in the House. Brady (PA) Fattah Kaptur Ackerman Crowley Tierney The Clerk read the title of the con- Brady (TX) Ferguson Keller Capuano Hilliard Waters Brown (FL) Filner Kelly current resolution. Brown (OH) Flake Kennedy (MN) ANSWERED ‘‘PRESENT’’—7 The SPEAKER pro tempore (Mr. Brown (SC) Fletcher Kennedy (RI) Bonior Kucinich Rivers Isakson). Is there objection to the re- Bryant Foley Kerns Johnson, E. B. Lee quest of the gentleman from North Burr Ford Kildee Jones (OH) Owens Burton Fossella Kilpatrick Carolina? Callahan Frank Kind (WI) NOT VOTING—14 Mr. HOEKSTRA. Mr. Speaker, re- Calvert Frelinghuysen King (NY) Allen Hobson Rothman serving the right to object, and I shall Camp Frost Kingston Berkley John Serrano not object, will the gentleman please Cannon Gallegly Kirk Buyer Millender- Smith (WA) Cantor Gekas Kleczka explain the purpose of the resolution. Ganske McDonald Weiner Capito Gephardt Knollenberg Mr. BALLENGER. Mr. Speaker, will Gutierrez Moakley Young (FL) Capps Gibbons Kolbe the gentleman yield? Cardin Gilchrest LaFalce b 1835 Mr. HOEKSTRA. I yield to the gen- Carson (IN) Gillmor LaHood Carson (OK) Gilman Lampson So (two-thirds having voted in favor tleman from North Carolina. Castle Gonzalez Langevin thereof) the rules were suspended and Mr. BALLENGER. Mr. Speaker, on Chabot Goode Lantos the concurrent resolution, as amended, April 20, 2001, a Peruvian fighter jet Chambliss Goodlatte Largent mistakenly shot down a small seaplane Clay Gordon Larsen (WA) was agreed to. Clayton Goss Larson (CT) The result of the vote was announced carrying Baptist missionaries from Clement Graham Latham as above recorded. Muskegon, Michigan, over the jungles Clyburn Granger LaTourette A motion to reconsider was laid on of Peru. Believing that the small plane Coble Graves Leach Collins Green (TX) Levin the table. was engaged in drug trafficking, the Combest Green (WI) Lewis (CA) Stated for: Peruvian pilot attacked this small air- Condit Greenwood Lewis (GA) Mr. HOBSON. Mr. Speaker, on rollcall No. craft, killing two of its passengers, a Conyers Grucci Lewis (KY) mother and her infant daughter, and Cooksey Gutknecht Linder 91, I was unavoidably detained. Had I been Costello Hall (OH) Lipinski present, I would have voted ‘‘yea.’’ severely wounding the pilot. Cox Hall (TX) LoBiondo f As you may know, Roni Bowers, her hus- Coyne Hansen Lofgren band James, their 6-year-old son Cory and 7- Cramer Harman Lowey PERSONAL EXPLANATION month-old adopted daughter Charity were fly- Crane Hart Lucas (KY) Crenshaw Hastings (FL) Lucas (OK) Ms. MILLENDER-MCDONALD. Mr. Speaker, ing aboard the seaplane when it was inter- Cubin Hastings (WA) Luther on rollcall Nos. 90 and 91, due to delay of the cepted and attacked by the Peruvian fighter.

VerDate 01-MAY-2001 04:34 May 02, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\K01MY7.062 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1695 The aircraft, owned by the Association of With this resolution, the U.S. House nesses? Why does the CIA refuse to provide Baptists for World Evangelism, was en route of Representatives commends Kevin a witness? All of these questions need to be to Iquitos, Peru to acquire visa documents for Donaldson for his heroic actions in answered, and I hope Chairman SOUDER con- newly adopted Charity. Although severely safely landing the plane, and further tinues to pursue this matter in his sub- wounded in the attack, pilot Kevin Donaldson wishes Mr. Donaldson a speedy and committee with oversight jurisdiction on this was able to land the plane safely. Unfortu- complete recovery from his injuries. matter. nately, Mr. Speaker, Roni and Charity Bowers And with this resolution, the U.S. But, what cannot be done, is to give the were killed in the burst of gunfire. James and House of Representatives strongly en- drug traffickers a green light to resume their il- Cory Bowers escaped serious injury in the in- courage the governments of the United legal activity that has been significantly slowed cident. An investigation into this matter is now States and Peru to work together as by the air interdiction program. I would like to underway. expeditiously as possible to determine submit for the record this AP article in which H. Con. Res. 117 expresses Congress’ all the circumstances that led to this the Bowers family indicates that their tragedy deepest and most heartfelt sympathy to unfortunate and regrettable incident should not stop the program. Mr. Bowers is James and Cory Bowers, their extended fam- and to ensure that an incident of this quoted as saying ‘‘the United States should ily, and to their friends and fellow mission- kind never occurs again. quickly resume drug surveillance flights . . . aries. It commends wounded pilot Kevin Don- Mr. WATTS of Oklahoma. Mr. Speaker, I to say there needs to be an entire review of aldson for his bravery and skill in safely land- rise today in strong support of my good friend the whole program and suspend it and to let ing his crippled aircraft and wishes him a and colleague’s resolution expressing our the drug people continue their business as speedy recovery. Finally, it calls on the Gov- deepest sympathies to the family and friends usual is wrong.’’ If a grieving husband and fa- ernments of the United States and Peru to un- of Roni and Charity Bowers for their tragic ther can say this, the government should take dertake a cooperative and thorough investiga- loss, and also our admiration and wishes for note, and get back to providing the necessary tion into this incident to ensure that similar in- a speedy and complete recovery to pilot Kevin coverage to stifle the drug flights as soon as cidents will be avoided in the future. Donaldson. possible. I want to commend my colleague from The calling to perform God’s work is not There is an avenue here to consolidate Michigan, Mr. HOEKSTRA, for this timely and given to all, and not all heed this call to serve. these surveillance flights under one roof. The important resolution and I join him in extend- Missionaries, like the Bowers family and Mr. U.S. Customs Service already does this mis- ing my personal condolences to the Bowers Donaldson, are blessed in their dedication to sion very well. They are a law enforcement family. I urge my colleagues to support this improve the lives of their fellow man and their agency with strict rules of engagement. It may passage. service to spread the word of God so that all be time to give this entire account—and most Mr. HOEKSTRA. Mr. Speaker, con- might know His love and promise of redemp- importantly the additional assets and funding tinuing my reservation, let me just tion. necessary to successfully complete the mis- share a few facts about the tragedy on The good work of these people must be April 20. sion—to the Customs Service. This means commended, and the loss of a young mother James and Veronica, also known as more P–3 surveillance planes as well as Cita- and child to a tragic mistake is heart-wrench- Roni Bowers of Muskegon, Michigan, tion aircraft. By placing this in one department were missionaries affiliated with the ing. Mr. Speaker, while we are rightfully deep- who does not use civilian contractors, will Calvary Church of Fruitport, Michigan, ly concerned with the circumstances of this leave the responsibility in one place. There will and the Association of Baptists for tragedy, we must not allow it to deter our re- be no question of who is responsible, and World Evangelism. The Bowerses con- solve to fight the trafficking of illegal drugs that where to go with questions. The acting Cus- ducted their Christian mission work have affected not only families and children toms Commissioner at the hearing today said with their children, Cory and Charity, living in the United States, but indeed all those they would be able to do this if they were serving the native tribes along the in the Americas. given the assets and the mission. I think it is Amazon River in the South American I call on all my colleagues to support Con- time we in Congress gain some accountability country of Peru. They had been there gressman HOEKSTRA’s resolution to express by giving them the responsibility for this mis- since 1995. our heartfelt sympathies and condolences, and sion. On Friday, April 20, 2001, the to strongly encourage a prompt and thorough Thank you Mr. Speaker, and may God bless Bowerses were flying in an Association investigation into the circumstances that led to and comfort the Bowers and Donaldson fami- of Baptists for World Evangelism plane this tragic outcome. The details surrounding lies in their time of mourning. piloted by Kevin Donaldson, traveling the attack by the Peruvian fighter jet need to [From the Associated Press, Apr. 30, 2001] from the Peru-Brazil border to Iquitos, be determined, and we must find a way for MISSIONARY SAYS DRUG SURVEILLANCE Peru, after attempting to secure nec- our governments to effectively work together SHOULD RESUME QUICKLY essary visa documents for their newly to ensure illegal drugs are not allowed to con- (By Bill Kaczor) adopted daughter, Charity. tinue to poison our children and our societies, PENSACOLA, FL (AP).—A missionary says The plane was wrongly attacked by a and also that never again will innocent civil- the United States should quickly resume fighter jet of the Peruvian Air Force in ians suffer due to an interdiction mission gone drug surveillance flights suspended after his an apparent attempted antidrug inter- awry. wife and adopted baby were killed in Peru diction effort that may have also in- Mr. BURTON of Indiana. Mr. Speaker, I when they were mistaken for drug smugglers volved personnel of the United States. would like to express my sincere condolences and shot down. to the Bowers and Donaldson families for their Jim Bowers, who survived unharmed when Roni and Charity Bowers were killed their small plane crash landed after being by bullets that were fired by the Peru- loss. I commend Congressman HOEKSTRA for fired upon by a Peruvian warplane April 20, vian jet into the plane, and pilot Kevin bringing this resolution to the floor. It is the said Monday he has expressed that view in a Donaldson was also severely injured in right thing to do. call to Secretary of State Colin Powell’s of- the attack. Kevin Donaldson, despite My committee held a hearing today, chaired fice. his injuries, was able to safely land his by subcommittee chairman MARK SOUDER. ‘‘To say there needs to be an entire review plane on the Amazon River, saving the What became readily apparent from a variety of the whole program and suspend it and to lives of his other passengers. of administration witnesses, is the CIA was re- let the drug people continue their business The family, friends, and coworkers of sponsible for this tragedy, yet they refused to as usual is wrong,’’ Bowers said at a news conference. Roni and Charity Bowers have dis- return staff phone calls, member requests for He said it should take investigators no played a shining example of their faith briefings, and to provide a witness for the more than a day to figure out the shooting and grace in the face of this terrible hearing. Instead the hearing resembled Abbott was simple error. tragedy. With this resolution, the U.S. and Costello’s ‘‘Who’s on First’’ routine. The Peruvian air force failed to contact a House of Representatives expresses and There is an established procedure for air control tower that was in radio contact with conveys its deepest and most heartfelt interdiction. It has worked successfully nearly the missionaries’ float plane before shooting sympathies for the loss of Roni and 100 times since it was implemented in 1995. at it without first firing any warning shots, Bowers said. Charity Bowers to Jim and Cory Bow- Clearly this procedure was not followed here. ‘‘The main error in this whole thing is they ers, as well as to their extended fami- Why? Why is all information surrounding the were too quick to the trigger,’’ he said. ‘‘I lies and their friends, their coworkers shootdown classified? Why does the CIA don’t hold anyone responsible. It was a mis- and fellow missionaries at the Associa- refuse to provide legitimate oversight commit- take as though someone fell asleep at the tion of Baptists for World Evangelism. tees in the Congress with briefings or wit- wheel and ran into us in a vehicle.’’

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.061 pfrm01 PsN: H01PT1 H1696 CONGRESSIONAL RECORD — HOUSE May 1, 2001 A U.S. Central Intelligence Agency aircraft Peru-Brazil border to the city of Iquitos, b 1845 had detected the missionaries’ plane and no- Peru, after attempting to secure necessary Powerful words, and I wish I could tified the Peruvian air force. American offi- visa documents for their adopted daughter, cials say the surveillance crew, however, had Charity; claim that they are mine, but they are advised it appeared, from the way the plane Whereas the plane was mistakenly at- not. They are from the preamble of the was flying, that it was not a drug smuggling tacked by a fighter jet of the Peruvian Air Constitution of the International flight. Force in an apparent attempted anti-drug Labor Organization, which was created Bowers, 38, of Muskegon, Mich., was in interdiction effort that may have also in- 82 years ago. Pensacola for the funeral and burial Sunday volved personnel of the United States; The United States, of course, was one of his wife, Veronica ‘‘Roni’’ Bowers, 35, and Whereas Roni and Charity Bowers were of the nations which helped form the their 7-month-old daughter, Charity. He killed, and pilot Kevin Donaldson was se- ILO. And, true to its mission, in the stayed with family in Wake County, N.C., verely injured in the attack; years since, the ILO has championed immediately after the shooting. Whereas Kevin Donaldson, despite his inju- the cause of workers’ rights around the The couple’s 6-year-old son, Cory, also sur- ries, was able to safely land his plane on the vived uninjured, but the plane’s pilot, Kevin Amazon River, saving the lives of his other world: the right to organize and bar- Donaldson, 41, of Morgantown, Pa., was passengers; and gain collectively; the right to refuse wounded. Whereas the family, friends, and co-work- forced labor; the right to reject child Bowers spoke to reporters at Marcus ers of Roni and Charity Bowers have dis- labor; and the right to work free from Points Baptist Church where the funeral played a shining example of their faith and discrimination. services was held. His wife’s parents, John grace in the face of this terrible tragedy: In fact, right now the ILO is mount- and Gloria Luttig, of nearby Pace, are mem- Now, therefore, be it ing a global effort to inform workers of bers of the church, which had helped support Resolved, That the House of Representa- their rights. Versions of this poster to the couple’s missionary work. tives— my right, in a variety of languages, are Bowers expressed his forgiveness to all in- (1) expresses and conveys its deepest and being distributed around the world. volved at the funeral and during a memorial most heartfelt sympathies to Jim and Cory You have rights to organize and bar- service Friday at his home church in Michi- Bowers and to their extended families, gan. He said Monday he also hopes to talk friends, co-workers, and fellow missionaries gain collectively, to refuse forced personally with the Peruvian pilot who fired at the Association of Baptists for World labor, to reject child labor, to work on their plane. Evangelism, for the loss of Veronica ‘‘Roni’’ free from discrimination. ‘‘I’m looking forward to that some day, but Bowers and Charity Bowers in an attack by The ILO is living up to the challenge right now, I’m praying for him,’’ Bowers a fighter jet of the Peruvian Air Force on the of fighting for workers’ rights. The said. plane in which they were traveling; question is, are we? Although insisting he wasn’t placing (2) commends Kevin Donaldson for his he- Last week in Quebec, the President blame, Bowers said the pilot failed to give roic actions in safely landing the plane and called for expanding NAFTA and cre- the missionaries a chance to land before he wishes Mr. Donaldson a speedy and complete ating a free trade zone stretching from started shooting. recovery from his injuries; and the Arctic Circle to Tierra Del Fuego. ‘‘I was assuming, because I’ve watched (3) strongly encourages the Governments movies just like you all have, that there of the United States and Peru to work to- We are told it is an opportunity to pro- would be some kind of communication, they gether as expeditiously as possible to deter- mote our values and democracy would come up next to us and let us know mine all the circumstances that led to this throughout the Americas. Imagine what they wanted,’’ Bowers told reporters. unfortunate and regrettable incident and to what a source of relief that must be to The air force plane swooped by a half-dozen ensure that an incident of this kind never oc- workers at Chentex, which is a cloth- times and begin firing only five or 10 min- curs again. ing factory in Las Mercedes Free Trade utes after the first pass, he said. Zone in Nicaragua. Or should I say the ‘‘Any decent air force pilot would give the The concurrent resolution was agreed other aircraft time to understand his inten- to. ‘‘former workers’’ of this factory, be- tions,’’ Bowers said. ‘‘I just thought this is A motion to reconsider was laid on cause after they organized a union in way too soon for them to be shooting al- the table. 1988, the workers at Chentex had the ready.’’ f audacity to ask for a wage increase. He said he saw a puff of smoke from the One day they staged a 15-minute front of the warplane and told Donaldson he GENERAL LEAVE work stoppage to protest the com- thought it was shooting at them just as the Mr. BALLENGER. Mr. Speaker, I ask pany’s intransigence. What was the bullets began ripping through their aircraft. unanimous consent that all Members company’s response? They fired the A single bullet instantly killed his wife and may have 5 legislative days within leaders of the union. At that point the daughter. Bowers said neither he nor anyone else which to revise and extend their re- workers went on strike. What was the from his family or church has been in con- marks on House Concurrent Resolution company’s answer, they forced more tact with the baby’s natural parents, but he 117. than 500 workers from their jobs and said they knew she had been killed. The SPEAKER pro tempore. Is there then they blacklisted them so they The couple’s missionary work also has objection to the request of the gen- could not work in the free trade zone been supported by Calvary Church in tleman from North Carolina? again. Fruitport, Mich., and the Association of Bap- There was no objection. If you follow the logic presented to tists for World Evangelism, based in New f us in Quebec, with a Free Trade Area of Cumberland, Pa. the Americas, that would not happen. Mr. HOEKSTRA. Mr. Speaker, I with- SPECIAL ORDERS As a result of dealing with American draw my reservation of objection. The SPEAKER pro tempore. Under companies, employers like Chentex The SPEAKER pro tempore. Is there the Speaker’s announced policy of Jan- would see the error of their ways. They objection to the request of the gen- uary 3, 2001, and under a previous order would respect workers’ rights and bar- tleman from North Carolina. of the House, the following Members gain fairly. Their managers would stop There was no objection. will be recognized for 5 minutes each. forcing workers to labor as much as 12 The Clerk read the concurrent reso- f hours a day, and they would not mon- lution, as follows: itor their visits to the bathrooms or H. CON. RES. 117 ILO CHAMPIONS CAUSE OF WORK- any of the other things that happen Whereas James and Veronica ‘‘Roni’’ Bow- ERS’ RIGHTS AROUND THE frequently. ers of Muskegon, Michigan, served as mis- WORLD There is only one problem with this sionaries affiliated with the Calvary Church The SPEAKER pro tempore. Under a theory: It is that the Chentex factory of Fruitport, Michigan, and the Association previous order of the House, the gen- has been trading with the United of Baptists for World Evangelism; tleman from Michigan (Mr. BONIOR) is States companies for years. In fact, Whereas the Bowerses conducted their recognized for 5 minutes. they make clothing that is sold today Christian mission work with their children, by major U.S. retailers. Cory and Charity, serving the native tribes Mr. BONIOR. Mr. Speaker, this is a along the Amazon River in Peru since 1995; quote: We do not practice what we preach. Whereas on Friday, April 20, 2001, the The failure of any nation to adopt humane The theory that the President and the Bowerses were flying in an Association of conditions of labor is an obstacle in the way so-called free traders advocate has not Baptists for World Evangelism plane piloted of other nations which desire to improve the worked. You do not have to go to Nica- by Kevin Donaldson, traveling from the conditions of their own countries. ragua, you can go to the free trade

VerDate 01-MAY-2001 04:20 May 02, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.064 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1697 zone along the Mexican-U.S. border. because of a lack of funds, so why Gender wage discrimination is a na- You can go to another 100 places like would the Army spend $23 million to tional and international atrocity which that around the globe. The reality is change the color of a hat on the whim continues to hold our global commu- that too many corporations are treat- of one general? It just does not add up. nity captive and hinders further ing people without human respect. And Just like a dead fish, this seems to be progress. the ILO, I have a right, you have a rotting from the head down. From the United States to Japan, right, to organize and bargain collec- Mr. Speaker, I have heard from many from South Africa to the Netherlands, tively, to refuse forced labor, to reject of our retired and active duty Rangers, women are paid less than men. What is child labor, to work free from discrimi- among them Sgt. Bill Round from my worse is that there is no indication nation, is an important message to let district and Sgt. David Nielsen, who that this will soon change for women people know around the world that we are both veterans. Believe me when I worldwide. Across the globe, the will not tolerate it, and they can stand say, contrary to what has been re- United States Congress has the ability up and be respected. ported, they are not pleased with the to protect workers’ rights, including We have too many children, 8, 9, 10 decision to change the beret designa- the right to work free from gender dis- years of age, working 12 hours in fac- tion to tan. crimination. As the most powerful na- tories for less than a nickel an hour, a Mr. Speaker, tomorrow I will testify tion in the world, we have the responsi- nickel a day in some instances, basi- before the House Committee on Small bility to influence other governments cally working for nothing. We have too Business regarding the matter in which to defend workers’ rights, to ensure many instances of people being dis- the Berry amendment was arbitrarily that women workers are paid a fair criminated against in the workplace. dismissed. The gentleman from Illinois wage so they can support their fami- We have too many instances of forced (Mr. MANZULLO) and the Committee on lies. It is time that we live up to these labor, and this needs to stop. I only Small Business are to be commended responsibilities. For decades women have been fight- wish U.S. corporations were willing to for calling the hearing so that the ing for their right to enter the labor cooperate with this movement. Committee on Small Business can flesh force, and progress has been made in It takes some leadership at the na- out how the decision to bypass the terms of women in the workforce. With tional level here in this country, not Berry amendment was reached. the globalization of the economy, only from the government but from our During my testimony, I will be dis- women have assumed extraordinary re- corporate leaders. I wish someone cussing a bill that I have introduced sponsibilities and have adapted to the would stand out and say we are going that will prevent an error like this from ever happening again in the fu- duties of providing for the security of to set the pattern and treat workers ture. However, the immediate need their families. They have taken on abroad with respect and dignity. I needs to be addressed right now. The roles in the workplace and in their think once that wave starts, it is pret- decision regarding the change from communities, oftentimes to lessen the ty hard to stop. What we need to do is folding green hats to black beret ap- harm from local and national crises, continue to press. We need to continue pears to be dying a slow death. for example, the women that enter the to support the ILO and their efforts to Murmurings are circulating about agriculture sector in Africa in order to educate workers around the globe that shoddy workmanship, and I am sure alleviate their families from the bur- they have these rights. We as a coun- that other problems will come to light dens of famine that have plagued Afri- try, as people, as governments, and as following the hearing tomorrow. ca. corporations ought to stand up for The time to bring an end to this ill- For the past 2 decades, the level of those rights. fated decision has come. It is my hope women’s participation in the labor f that the Congress and the administra- force has been increasing. In fact, in DECISION TO CHANGE HEADGEAR tion can stop this outrage once and for 1994, approximately 45 percent of the OF U.S. ARMY FROM FOLDING all and restore the emblem which for so world’s women from the ages of 15 to 64 GREEN CAPS TO BLACK BERETS long has been a symbol of excellence in were economically active. The rate at DISAGREED WITH BY MANY the United States Army, the Rangers which women are becoming economi- wearing the black beret. cally active is almost twice the rate for The SPEAKER pro tempore (Mr. f men. In the United States, Canada and ISAKSON). Under a previous order of the the Scandinavian countries, women House, the gentleman from North Caro- INTERNATIONALLY RECOGNIZED now make up nearly half the active lina (Mr. JONES) is recognized for 5 WORKERS’ RIGHTS population, with activity rates of over minutes. The SPEAKER pro tempore. Under a 70 percent in core age groups. Unfortu- Mr. JONES of North Carolina. Mr. previous order of the House, the gentle- nately, this is only half the story. Speaker, last week I attended a brief- woman from Connecticut (Ms. It is simply unacceptable that not all ing before the House Committee on DELAURO) is recognized for 5 minutes. women have been able to choose to Armed Services regarding the decision Ms. DELAURO. Mr. Speaker, I thank enter the workforce and those that do to change the headgear of the United my colleague, the gentleman from encounter additional barriers and vio- States Army from the traditional Michigan (Mr. BONIOR), for organizing lations of their rights. Although green folding cap to a black beret. this evening’s discussion on so critical women have benefited a great deal There have been many hearings and an issue as international workers’ from the changing global economy and briefings since this decision was an- rights. The gentleman from Michigan newly created jobs, unequal pay re- nounced, and it seems to me, following (Mr. BONIOR) has been a champion for mains a problem and job equality has each one, another bit of information workers’ rights at home and abroad, declined. not previously known has come to and I am proud to join him in this dis- I cannot believe that the majority of light. cussion. women worldwide continue to earn on The decision to disregard the history Work is fundamental to our exist- the average only 50 to 80 percent of and proud tradition of the Rangers was ence. It gives our life meaning, and it what men earn. In Japan, the Republic the first bad decision. The decision to is necessary so workers can provide for of Korea, women’s salaries are roughly bypass the Berry amendment and pur- even the most basic human needs, like half of men’s salaries. In developed chase the berets from China and other food, shelter and clothing. We say that countries, including the United States, foreign countries, rather than buy women and men share the same funda- the pay gap varies between 30 percent them from U.S. suppliers, was the sec- mental rights when they are at work. to slightly less than 10 percent. World- ond bad decision. We say that the new global economy is wide, women earn an average of 75 per- I did not believe that this decision creating unprecedented opportunities cent of men’s pay in nonagricultural could become any worse, but the longer and new-found rights for workers, espe- work. These are outright violations of the situation drags on, the worse it cially women, including the right to workers’ rights, and the injustices per- seems to become. The bottom line is work free from gender discrimination, sist despite undeniable success which that we have troops without adequate yet clearly we are not doing enough to women have achieved in accessing edu- ammunition and pilots who cannot fly make this a reality. cation and vocational and professional

VerDate 01-MAY-2001 04:20 May 02, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.071 pfrm01 PsN: H01PT1 H1698 CONGRESSIONAL RECORD — HOUSE May 1, 2001 training. We can no longer assume that nies with investments in South Africa to outside of the work environment. He used his the women arriving in the job market treat their workers there in the same man- position as the first African-American to sit have fewer skills and less training than ner that they treated their U.S. workers. on the board of directors of General Motors Corp. to focus attention on racial segrega- men. He later worked with the United Nations on a code of ethical conduct for multi- tion and deplorable living conditions of In spite of numerous international national corporations. black workers in South Africa. conventions and laws guaranteeing the As originally stated, the Sullivan Prin- Before he moved into the international quality of opportunity and treatment, ciples called for racial nonsegregation on the arena, the Rev. Mr. Sullivan fought for ra- discrimination between the sexes per- factory floor and in company eating and cial equality in Philadelphia, where he orga- sists. Women still assume the double washing facilities; fair employment prac- nized a boycott of local firms that would not burden of family and employment obli- tices; equal pay for equal work; training for hire African-Americans. Not one to accept blacks and other nonwhites so they could ad- the common corporate excuse that no quali- gations. Women’s pay remains lower fied African-Americans could be found for than that of men; and women remain vance to better jobs; promotion of more blacks and other nonwhites to supervisory available jobs, he established the Opportuni- in the minority in decision-making and positions, and improved housing, schooling, ties Industrialization Centers that since 1965 managerial posts. recreation and health facilities for workers. have trained hundreds of thousands of people in the United States and Africa. There are 56 The dramatic increase of women in On Wednesday, the UN secretary-general, affiliate centers in 36 states (none in Mis- the labor market has driven public Kofi Annan, praised Mr. Sullivan, saying souri or Illinois) providing education, train- opinion and the governments of many that he had played a bold and innovative role ing, employment and housing services to in ending apartheid. And the Reverend Jesse countries to acknowledge that they poor people of all races. need to fight against these inequal- Jackson called Mr. Sullivan ‘‘a tremendous As the United states continues to push for ities. source of hope and vitality and moral au- global trade, the Rev. Mr. Sullivan’s prin- The United States Congress needs to thority.’’ ciples promoting equal economic oppor- In 1971, Mr. Sullivan joined the board of tunity for all races are every bit as relevant be doing more to ensure that our gov- General Motors as the company’s first black ernment and those across the globe as they were in 1977. director. He was instrumental in expanding Mr. Speaker, I will miss Reverend adopt legislation which represents the black employment and creating more black real political will that exists to elimi- dealerships. Sullivan tremendously. I will miss his nate inequality of opportunity on the By 1984, Mr. Sullivan had used his position words of wisdom and counsel. My last basis of gender. on the General Motors board to persuade conversation with Reverend Sullivan We need to pass legislation like the most American companies doing business in was on the front steps of the Cannon Paycheck Fairness Act, which I intro- South Africa to abide by his principles. He Building last year. We talked about the duced in the 107th Congress, to ensure then added several more guidelines. HIV/AIDS pandemic which is ravaging He said that American companies should Africa. that protections against gender dis- campaign actively against apartheid, allow crimination are enforced. It is a matter black workers full job mobility and provide b 1900 of human rights, of social justice, and housing accommodations close to work. He told me that he intended for the sustainable economic development to In 1987, with apartheid still in place and African American Summit, which had make sure that women are paid in the such African leaders as Nelson Mandela still been scheduled to take place in Abuja, same way that men in our society are in prison, Mr. Sullivan toughened his ap- Nigeria this month, to highlight the paid. proach, urging American corporations to withdraw altogether from South Africa and devastation brought on by this disease. f calling for the United States to impose trade He said that we must stay faithful to HONORING REV. LEON SULLIVAN and investment sanctions on that country. our mission to eradicate this disease This harsher stance, however, won little from the face of the earth. Reverend The SPEAKER pro tempore. Under a support from either the Reagan administra- Sullivan’s untimely death prevents, for previous order of the House, the gentle- tion or American business leaders. the moment only, this summit from woman from California (Ms. LEE) is When apartheid was dismantled in the proceeding, but his message of hope recognized for 5 minutes. 1990s, many credited Mr. Sullivan’s work as must be heard. Ms. LEE of California. Mr. Speaker, a major force in the change. But he said Tonight we can all honor his legacy. today one of the greatest civil rights only, ‘‘If you take a hammer and chisel and Tonight we can and we must recommit pound a rock 100 times, it’s going to crack. and human rights leaders of our time, ourselves to increasing the level of a great orator, a humble minister who I pounded and pounded and it cracked.’’ In 1988, Mr. Sullivan retired as the head of funding to address the global HIV/AIDS lived his faith, Reverend Leon Sul- Zio Baptist Church in Philadelphia, moved pandemic, specifically in sub-Saharan livan, was laid to rest in Phoenix, Ari- to Phoenix and began building bridges be- Africa which has over 70 percent of the zona. tween African and black America, organizing world’s HIV/AIDS infections. Rev. Leon Sullivan was an advocate a series of African and African-American Finally, in honor of Reverend Sul- for the ‘‘least of these.’’ His deep and summit meetings, with the first held in livan, let us remember his magnificent abiding commitment to human rights, Abidjan, Ivory Coast, in 1991. life; and let us remember that it was he to economic development, to edu- In 1999, he promulgated his own Global who helped mobilize us, making us cation, to the elimination of racism Sullivan Principles, ethical guidelines for multinational corporations. About a hun- take note that Africa does matter. It and apartheid transcended the North dreds U.S. corporations have accepted them. was he who helped remind us that American continent all of the way to He was awarded honorary degrees by Dart- America is home to tens of millions of the continent of Africa and the entire mouth, Princeton and Swarthmore, among African descendants. We cannot forget world. His love for all of God’s children dozens of other colleges. that Africa matters. was the driving force for many of his It is with a heavy heart, yet a sense magnificent endeavors here in America A FIGHTER AGAINST RACISM of gratitude, that I remember Reverend and in Africa. A Baptist minister from humble begin- Sullivan tonight. My prayers go out to Mr. Speaker, I include for the nings in Charleston, W. Va., Leon Sullivan Reverend Sullivan’s family. May this RECORD Reverend Sullivan’s obituary became a force for racial justice from the great warrior rest in peace. streets of Philadelphia to Soweto. The Rev. which sets forth his life’s work. f Mr. Sullivan died last week of leukemia at [From the International Herald Tribune, the age of 78. He will be buried today in The SPEAKER pro tempore (Mr. Apr. 27, 2000] Phoenix. ISAKSON). Under a previous order of the LEON SULLIVAN, 78, KEY PLAYER IN ENDING The Rev. Mr. Sullivan wrote an inter- House, the gentlewoman from New APARTHEID, IS DEAD national code of business conduct that York (Mrs. KELLY) is recognized for 5 (By Paul Lewis) helped fight apartheid. For more than 20 minutes. The Reverend Leon Sullivan, 78, the cler- years, he crusaded against institutionalized (Mrs. KELLY addressed the House. gyman and civil rights leader who drew up racial oppression, backed by the white South Her remarks will appear hereafter in guidelines for American businesses operating African government. His ‘‘Sullivan Prin- the Extensions of Remarks.) in South Africa under apartheid, died ciples,’’ written in 1977, called on U.S. firms Wednesday of leukemia in Scottsdale, Ari- conducting business in South Africa to es- f zona. tablish fair-employment practices, train The SPEAKER pro tempore. Under a In 1977, Mr. Sullivan drafted the Sullivan non-whites and promote them to manage- previous order of the House, the gentle- Principles to help persuade American compa- ment jobs, and to improve employees’ lives woman from the District of Columbia

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.073 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1699 (Ms. NORTON) is recognized for 5 min- tice in writing or by facsimile of additional quorum, a rollcall may be had on the request utes. meetings to the office of each member at of any member. (Ms. NORTON addressed the House. least 24 hours in advance while Congress is in HEARINGS session, and at least 3 days in advance when Her remarks will appear hereafter in RULE 11—ANNOUNCEMENT OF HEARINGS Congress is not in session. the Extensions of Remarks.) The chairman shall make public announce- RULE 4—OPEN BUSINESS MEETINGS f ment of the date, place, and subject matter (a) Each meeting for the transaction of of any committee hearing at least 1 week be- The SPEAKER pro tempore. Under a committee business, including the markup of fore the hearing, beginning with the day in previous order of the House, the gen- measures, shall be open to the public except which the announcement is made and ending tleman from Indiana (Mr. BURTON) is when the committee, in open session and the day preceding the scheduled hearing un- recognized for 5 minutes. with a quorum present, determines by recall less the chairman, with the concurrence of (Mr. BURTON of Indiana addressed vote that all or part of the remainder of the the ranking minority member, or the com- the House. His remarks will appear meeting on that day shall be closed to the mittee by majority vote with a quorum hereafter in the Extensions of Re- public in accordance with House Rule XI, present for the transaction of business, de- clause 2(g)(1). marks.) termines there is good cause to begin the (b) No person other than members of the hearing sooner, in which case the chairman f committee and such congressional staff and shall make the announcement at the earliest The SPEAKER pro tempore. Under a departmental representatives as the com- possible date. previous order of the House, the gen- mittee may authorize shall be present at any RULE 12—OPEN HEARINGS business or markup session which has been tleman from Ohio (Mr. KUCINICH) is rec- (a) Each hearing conducted by the com- closed to the public. ognized for 5 minutes. mittee or any of its task forces shall be open (Mr. KUCINICH addressed the House. RULE 5—QUORUMS to the public except when the committee or His remarks will appear hereafter in A majority of the committee shall con- task force, in open session and with a the Extensions of Remarks.) stitute a quorum. No business shall be trans- quorum present, determines by rollcall vote acted and no measure or recommendation that all or part of the remainder of that f shall be reported unless a quorum is actually hearing on that day shall be closed to the The SPEAKER pro tempore. Under a present. public because disclosure of testimony, evi- previous order of the House, the gen- RULE 6—RECOGNITION dence, or other matters to be considered would endanger the national security, or tleman from California (Mr. GEORGE Any member, when recognized by the would compromise sensitive law enforcement MILLER) is recognized for 5 minutes. chairman, may address the committee on information, or would tend to defame, de- (Mr. GEORGE MILLER of California any bill, motion, or other matter under con- grade, or incriminate any person, or would addressed the House. His remarks will sideration before the committee. The time of violate any law or rule of the House of Rep- such member shall be limited to 5 minutes appear hereafter in the Extensions of resentatives. The committee or task forces until all members present have been afforded Remarks.) may by the same procedure vote to close one an opportunity to comment. f subsequent day of hearing. RULE 7—CONSIDERATION OF BUSINESS (b) For the purposes of House Rule XI, PUBLICATION OF THE RULES OF Measures or matters may be placed before clause 2(g)(2), the task forces of the com- THE COMMITTEE ON THE BUDG- the committee, for its consideration, by the mittee are considered to be subcommittees. ET—107TH CONGRESS chairman or by a majority vote of the mem- RULE 13—QUORUMS The SPEAKER pro tempore. Under a bers of the committee, a quorum being For the purpose of hearing testimony, not present. previous order of the House, the gen- less than two members of the committee RULE 8—AVAILABILITY OF LEGISLATION tleman from Iowa (Mr. NUSSLE) is rec- shall constitute a quorum. ognized for 5 minutes. No bill or joint or concurrent resolution RULE 14—TIME FOR QUESTIONING WITNESSES Mr. NUSSLE. Mr. Speaker, pursuant to Rule shall be considered by the committee unless (a) Committee members shall have an copies of the measure have been made avail- amount of time not to exceed 5 minutes to XI, Clause 2 of the Rules of the House of able to all committee members at least 4 Representatives, I respectfully submit the rules interrogate each witness until such time as hours prior to the time at which such meas- each member who so desires has had an op- of the Committee on the Budget for the 107th ure is to be considered. For concurrent reso- portunity to interrogate such witness. Congress for publication in the CONGRES- lutions on the budget, this requirement shall (b) After all members have had an oppor- SIONAL RECORD. be satisfied by making available copies of tunity to ask questions, the round shall GENERAL APPLICABILITY the complete chairman’s mark (or such ma- begin again under the 5-minute rule. terial as will provide the basis for committee RULE 1—APPLICABILITY OF HOUSE RULES (c) In questioning witnesses under the 5- consideration). the provisions of this rule minute rule, the chairman and the ranking Except as otherwise specified herein, the may be suspended by the concurrence of the minority member may be recognized first, Rules of the House are the rules of the com- chairman and ranking minority member. after which members may be recognized in mittee so far as applicable, except that a mo- RULE 9—PROCEDURE FOR CONSIDERATION OF the order of their arrival at the hearing. tion to recess from day to day is a motion of BUDGET RESOLUTION Among the members present at the time the high privilege. (a) It shall be the policy of the committee hearing is called to order, seniority shall be MEETINGS that the starting point for any deliberations recognized. In recognizing members to ques- RULE 2—REGULAR MEETINGS on a concurrent resolution on the budget tion witnesses, the chairman may take into (a) The regular meeting day of the com- should be the estimated or actual levels for consideration the ratio of majority members mittee shall be the second Wednesday of the fiscal year preceding the budget year. to minority members and the number of ma- each month at 11 a.m., while the House is in (b) In developing a concurrent resolution jority and minority members present and session. on the budget, the committee shall first pro- shall apportion the recognition for ques- (b) The chairman is authorized to dispense ceed, unless otherwise determined by the tioning in such a manner as not to disadvan- with a regular meeting when the chairman committee, to consider budget aggregates, tage the members of the majority. determines there is no business to be consid- functional categories, and other appropriate RULE 15—SUBPOENAS AND OATHS ered by the committee. The chairman shall matters on a tentative basis, with the docu- (a) In accordance with House Rule XI, give notice in writing or by facsimile to that ment before the committee open to amend- clause 2(m) subpoenas authorized by a major- effect to each member of the committee as ment; subsequent amendments may be of- ity of the committee may be issued over the far in advance of the regular meeting day as fered to aggregates, functional categories, or signature of the chairman or of any member the circumstances permit. other appropriate matters which have al- of the committee designated by him, and (c) Regular meetings shall be canceled ready been amended in their entirety. may be served by any person designated by when they conflict with meetings of either (c) Following adoption of the aggregates, the chairman or such member. party’s caucus or conference. functional categories, and other matters, the (b) The chairman, or any member of the RULE 3—ADDITIONAL AND SPECIAL MEETINGS text of a concurrent resolution on the budget committee designated by the chairman, may incorporating such aggregates, functional (a) The chairman may call and convene ad- administer oaths to witnesses. categories, and other appropriate matters ditional meetings of the committee as the RULE 16—WITNESSES’ STATEMENTS shall be considered for amendment and a chairman considers necessary, or special (a) So far as practicable, any prepared final vote. meetings at the request of a majority of the statement to be presented by a witness shall members of the committee in accordance RULE 10—ROLLCALL VOTES be submitted to the committee at least 24 with House Rule XI, clause 2(c). A rollcall of the members may be had upon hours in advance of presentation, and shall (b) In the absence of exceptional cir- the request of at least one-fifth of those be distributed to all members of the com- cumstances, the chairman shall provide no- present. In the apparent absence of a mittee in advance of presentation.

VerDate 01-MAY-2001 04:34 May 02, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.077 pfrm01 PsN: H01PT1 H1700 CONGRESSIONAL RECORD — HOUSE May 1, 2001 (b) To the greatest extent possible, each reasonable time for correction, and that fur- crease or decrease for each budget function witness appearing in a nongovernmental ca- ther delay would seriously impede the com- and aggregate. The report shall include any pacity shall include with the written state- mittee’s responsibility for meeting its dead- rollcall vote on any motion to amend or re- ment of proposed testimony a curriculum lines under the Congressional Budget Act of port any measure. vitae and a disclosure of the amount and 1974. RULE 26—PARLIAMENTARIAN’S STATUS REPORT source (by agency and program) of any Fed- (f) Transcripts of hearings and meetings AND SECTION 302 STATUS REPORT eral grant (or subgrant thereof) or contract may be printed if the chairman decides it is (a)(1) In order to carry out its duty under (or subcontract thereof) received during the appropriate, or if a majority of the members section 311 of the Congressional Budget Act current fiscal year or either of the 2 pre- so request. to advise the House or Representatives as to ceding fiscal years. RULE 22—ACCESS TO COMMITTEE RECORDS the current level of spending and revenues as PRINTS AND PUBLICATIONS (a)(1) The chairman shall promulgate regu- compared to the levels set forth in the latest RULE 17—COMMITTEE PRINTS lations to provide for public inspection of agreed-upon concurrent resolution on the All committee prints and other materials rollcall votes and to provide access by mem- budget, the committee shall advise the prepared for public distribution shall be ap- bers to committee records (in accordance Speaker on at least a monthly basis when proved by the committee prior to any dis- with House Rule XI, clause 2(e)). the House is in session as to its estimate of tribution, unless such print or other mate- (2) Access to classified testimony and in- the current level of spending and revenue. rial shows clearly on its face that it has not formation shall be limited to Members of Such estimates shall be prepared by the staff been approved by the committee. Congress and to House Budget Committee of the committee, transmitted to the Speak- staff and stenographic reporters who have er in the form of a Parliamentarian’s Status RULE 18—COMMITTEE PUBLICATIONS ON THE appropriate security clearance. Report, and printed in the Congressional INTERNET (3) Notice of the receipt of such informa- Record. To the maximum extent feasible, the com- tion shall be sent to the committee mem- (2) The committee authorizes the chair- mittee shall make its publications available bers. Such information shall be kept in the man, in consultation with the ranking mi- in electronic form. committee safe, and shall be available to nority member, to transmit to the Speaker STAFF members in the committee office. the Parliamentarian’s Status Report de- RULE 19—COMMITTEE STAFF (b) The records of the committee at the scribed above. National Archives and Records Administra- (b)(1) In order to carry out its duty under (a) Subject to approval by the committee, tion shall be made available for public use in section 302 of the Congressional Budget Act and to the provisions of the following para- accordance with Rule VII of the Rules of the to advise the House of Representatives as to graphs, the professional and clerical staff of House of Representatives. The chairman the current level of spending within the the committee shall be appointed, and may shall notify the ranking minority member of j8urisdiction of committees as compared to be removed, by the chairman. any decision, pursuant to clause 3(b)(3) or the appropriate allocations made pursuant (b) Committee staff shall not be assigned clause 4(b) of the rule, to withhold a record to the Budget Act in conformity with the any duties other than those pertaining to otherwise available, and the matter shall be latest agreed-upon concurrent resolution on committee business, and shall be selected presented to the committee for a determina- the budget, the committee shall, as nec- without regard to race, creed, sex, or age, tion on the written request of any member of essary, advise the Speaker as to its estimate and solely on the basis of fitness to perform the committee. of the current level of spending within the the duties of their respective positions. jurisdiction of appropriate committees. Such (c) All committee staff shall be entitled to OVERSIGHT estimates shall be prepared by the staff of equitable treatment, including comparable RULE 23—GENERAL OVERSIGHT the committee and transmitted to the salaries, facilities, access to official com- (a) The committee shall review and study, Speaker in the form of a Section 302 Status mittee records, leave, and hours of work. on a continuing basis, the application, ad- Report. (d) Notwithstanding paragraphs a, b, and c, ministration, execution, and effectiveness of (2) The committee authorizes the chair- staff shall be employed in compliance with those laws, or parts of laws, the subject of man, in consultation with the ranking mi- House rules, the Employment and Account- which is within its jurisdiction. nority member, to transmit to the Speaker ability Act, the Fair Labor Standards Act of (b) The committee is authorized at any the Section 302 Status Report described 1938, and any other applicable Federal stat- time to conduct such investigations and above. utes. studies as it may consider necessary or ap- RULE 27—ACTIVITY REPORT RULE 20—STAFF SUPERVISION propriate in the exercise of its responsibil- After an adjournment of the last regular (a) Staff shall be under the general super- ities under clause (1)(e) of rule X of the Rules session of a Congress sine die, the chair of vision and direction of the chairman, who of the House, and, subject to the adoption of the committee may file any time with the shall establish and assign their duties and expense resolutions as required by clause 6 of Clerk the committee’s activity report for responsibilities, delegate such authority as rule X, to incur expenses (including travel that Congress pursuant to clause (1)(d)(1) of he deems appropriate, fix and adjust staff expenses) in connection therewith. rule XI of the Rules of the House without the salaries (in accordance with House Rule X, (c) Not later than February 15 of the first approval of the committee, if a copy of the clause 9(c)) and job title, and, at his discre- session of a Congress, the committee shall report has been available to each member of tion, arrange for their specialized training. meet in open session, with a quorum present, the committee for at least 7 calendar days (b) Staff assigned to the minority shall be to adopt its oversight plans for that Con- and the report includes any supplemental, under the general supervision and direction gress for submission to the Committee on minority, or additional views submitted by a of the minority member of the committee, House Administration and the Committee on member of the committee. who may delegate such authority, as they Government Reform in accordance with the deem appropriate. provisions of clause (2)(d) of House Rule X. MISCELLANEOUS REPORTS RECORDS RULE 28—BROADCASTING OF MEETINGS AND RULE 24—AVAIABILITY BEFORE FILING HEARINGS RULE 21—PREPARATION AND MAINTENANCE OF COMMITTEE RECORDS (a) Any report accompanying any bill or (a) It shall be the policy of the committee resolution ordered reported to the House by to give all news media access to open hear- (a) An accurate stenographic record shall the committee shall be available to all com- ings of the committee, subject to the re- be made of all hearings and business meet- mittee members at least 36 hours prior to fil- quirements and limitations set forth in ings. ing with the House. House Rule XI, clause 4. (b) The proceedings of the committee shall (b) No material change shall be made in (b) Whenever any committee business be recorded in a journal, which shall among any report made available to members pur- meeting is open to the public, that meeting other things, include a record of the votes on suant to section (a) without the concurrence may be covered, in whole or in part, by tele- any question on which a record vote is de- of the ranking minority member or by a ma- vision broadcast, radio broadcast, still pho- manded. jority vote of the committee. tography, or by any of such methods of cov- (c) Members of the committee shall correct (c) Notwithstanding any other rule of the erage, in accordance with House Rule XI, and return transcripts of hearings as soon as committee, either or both subsections (a) clause 4. practicable after receipt thereof, except that and (b) may be waived by the chairman or any changes shall be limited to technical, RULE 29—APPOINTMENT OF CONFEREES with a majority vote by the committee. grammatical, and typographical corrections. (a) Majority party members recommended (d) Any witness may examine the tran- RULE 25—REPORT ON THE BUDGET RESOLUTION to the Speaker as conferees shall be rec- script of his own testimony and make gram- The report of the committee to accompany ommended by the chairman subject to the matical, technical, and typographical correc- a concurrent resolution on the budget shall approval of the majority party of members of tions. include a comparison of the estimated or ac- the committee. (e) The chairman may order the printing of tual levels for the year preceding the budget (b) The chairman shall recommend such a hearing record without the corrections of year with the proposed spending and revenue minority party members as conferees as any member or witness if he determines that levels for the budget year and each out year shall be determined by the minority party; such member or witness has been afforded a along with the appropriate percentage in- the recommended party representation shall

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.071 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1701 be in approximately the same proportion as There are approximately 122,289 li- under the apartheid regime. Although that in the committee. braries in the United States. A signifi- later largely superseded by the divest- RULE 30—WAIVERS cant number of these libraries are free ment movement, these principles laid a When a reported bill or joint resolution, and available for public use. As an foundation for ethical business prac- conference report, or anticipated floor American, I am proud and pleased to tices that continue to influence compa- amendment violates any provision of the live in a country that prioritizes giving nies today. Congressional Budget Act of 1974, the chair- The central premise of the Sullivan man may, if practical, consult with the com- access to information and knowledge. mittee members on whether the chairman We have all heard the phrase ‘‘knowl- Principles was that American compa- should recommend, in writing, that the Com- edge is power’’ and yes, it is. It is not nies operating overseas should treat mittee on Rules report a special rule that en- just the building or even the books their workers there with the same fair- forces the act by not waiving the applicable that make the library so special. Day ness and equity that they practiced at points of order during the consideration of in and day out, libraries provide a home. He was a pioneer moving such measure. smorgasbord of information that is throughout this very difficult time, f needed by the general public. They pro- leading the way for then the major The SPEAKER pro tempore. Under a vide guidance in a child’s academic en- apartheid movement to come and fi- previous order of the House, the gen- deavors. They lend a helping hand to nally crush that terrible and tragic tleman from Pennsylvania (Mr. adults seeking to expand their knowl- time in our history. WELDON) is recognized for 5 minutes. edge base. And today libraries have The Sullivan Principles called for ra- (Mr. WELDON of Pennsylvania ad- been in the forefront of helping to close cial nonsegregation, fair employment dressed the House. His remarks will ap- the digital divide by providing com- practices, equal pay for equal work, pear hereafter in the Extensions of Re- puter and Internet training to commu- improved housing, educational and marks.) nity residents. Indeed, libraries are health facilities for workers, and in- f multifaceted institutions. creased training and promotion oppor- The SPEAKER pro tempore. Under a We salute them for their commit- tunities for nonwhites who had been previous order of the House, the gen- ment. We commend their excellence. denied access under South African law tleman from Puerto Rico (Mr. And we are grateful for their guidance. and custom. He was trying to find solu- ACEVEDO-VILA´ ) is recognized for 5 min- We praise them on this special day and tions for what was then an insurmount- utes. say, long live our libraries, so that long able problem. He had faced discrimina- (Mr. ACEVEDO-VILA´ addressed the can live freedom and democracy in our tion at home. By the mid-1980s, most House. His remarks will appear here- country. American companies operating in after in the Extensions of Remarks.) f South Africa followed these principles before, as I said, we finally crushed f HONORING REVEREND LEON apartheid. NATIONAL LIBRARY LEGISLATIVE SULLIVAN As a child, Leon Sullivan lived in a DAY The SPEAKER pro tempore (Mr. segregated world where he was not per- The SPEAKER pro tempore. Under a PENCE). Under a previous order of the mitted to sit at a counter in certain previous order of the House, the gen- House, the gentlewoman from Texas stores or attend school with white stu- tleman from Illinois (Mr. Davis) is rec- (Ms. JACKSON-LEE) is recognized for 5 dents. Although he was elected Gov- ognized for 5 minutes. minutes. ernor of Negro Boys State, he was not Mr. DAVIS of Illinois. Mr. Speaker, I Ms. JACKSON-LEE of Texas. Mr. treated the same as his white counter- join with the gentlewoman from Cali- Speaker, today we funeralized a hero of part. fornia in paying tribute to Reverend the American people and a hero of the About his experience he said, ‘‘I Dr. Leon Sullivan who was one of the world. And so I offer to his family and couldn’t understand quite why I had to outstanding international leaders of to the world, his world of friends, both do things a certain way. My grand- our day. As a matter of fact, I recall national and international, my deepest mother had to wash these clothes. She some 25, 26 years ago when I was vis- sympathy. had to iron them and put them in a lit- iting in East Africa, and one of the Mr. Speaker, I rise today with a tle basket and I had to put them in my first things I saw was an OIC center in heavy heart to mark the sad passing of red wagon and take them out to where Nairobi, Kenya. That is an indication our friend Reverend Leon Sullivan, an the big houses were. When I walked up of the kind of reach that Dr. Sullivan educator, minister, diplomat, civil Washington Street, all the white chil- had. rights leader, and yes, national treas- dren walked on the left side of the I rise today, Mr. Speaker, to pay trib- ure. I am so happy that in the course of street and all the colored children ute to an important group of institu- the last year, Reverend Sullivan and walked on the right side of the street.’’ tions in our communities, institutions myself were together. His love for life, In 1987, Sullivan called for U.S. com- that often go unrecognized, and, that his interest and his passion of working panies to withdraw from South Africa is, our public libraries across the with the people of Africa, his concern and for international trade and invest- United States of America. This institu- on making sure that there is a syner- ment sanctions against the apartheid tion has served as an intellectual play- gism between the business commu- regime. He came to the conclusion that ground where young people explore nities of this Nation and of the Con- a more harsher and stronger viewpoint their dreams. And for many of us, this tinent were alive and well. And yes, he must be taken and that we must end institution has served as our think was receiving an outstanding award apartheid then and end it now. tank, where we go to formulate master from then President Clinton for his About his role in helping end apart- plans for personal growth and develop- great humanitarian service, and he rel- heid, Sullivan said, ‘‘If you take a ham- ment, where we go and relive our hopes ished it and he loved it and yes, we mer and chisel and pound a rock 100 for success. loved honoring him. times, it’s going to crack. I pounded it Recently, I have had the opportunity As the Lion of Zion, the 6-foot-5-inch and it cracked.’’ to interact with three libraries in my Reverend Leon Sullivan was a giant After the fall of apartheid, Sullivan congressional district, the one in Bell- among men. Reverend Leon Sullivan worked with U.N. Secretary-General wood, Illinois; the one in Maywood, Il- was an activist, civil rights leader, Kofi Annan to encourage businesses to linois; and the Chicago library, the business leader and pastor as I have adopt the Global Sullivan Principles Harold Washington Library, in Chi- previously said. Reverend Sullivan for Social Corporate Responsibility on cago. Behind these walls, meticulously once said, ‘‘We must stand up with a worldwide basis. About 100 American preserved are the thoughts, data, theo- politicians and businessmen and corporations accept these principles ries, and dreams that were generated women. We must stand up for those today. by countless people who have greatly who need help to stand on their feet.’’ In 1971, Mr. Sullivan became the first impacted our society. And so today I He was the author of the Sullivan Prin- African American director of General decided to simply recognize National ciples, a set of guidelines for American Motors. As a member of the board of Library Legislative Day. businesses operating in South Africa directors, he expanded minority hiring

VerDate 01-MAY-2001 04:12 May 02, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.074 pfrm01 PsN: H01PT1 H1702 CONGRESSIONAL RECORD — HOUSE May 1, 2001 and business opportunities. He went on county in Hawai’i, and the first octogenarian will, that President Bush effectively to build bridges. He continued to pas- in Hawai’i to campaign for public office in a wants to address some of these health tor the Zion Baptist Church in Phila- bathing suit, and care issues when the reality is that his delphia. They loved him greatly. He WHEREAS, Jeremy Harris, Mayor of the budget probably would harm health City and County of Honolulu, proclaimed challenged the establishment. He con- March 23, 2001, as ‘‘Helene H. Hale Day’’ in care, particularly for seniors, by tap- tinued to work on behalf of us all, and the City and County of Honolulu; and ping into the Medicare trust fund and he did something even greater, begin- WHEREAS, Helene Hale is a resident of the certainly doing nothing that would im- ning to put major conferences and sum- County of Hawai’i, and her political career prove the future viability of that trust mits on the continent of Africa, insist- has been here, not in Honolulu, and we can- fund. I know that we may be address- ing that we travel to Africa to talk not allow Honolulu to steal credit for our ing the budget tomorrow or Thursday about the issues of health care, busi- Helene. or sometime in the next week or so, ness opportunities, education, and yes, NOW, THEREFORE, I, HARRY KIM, and that is one of my major concerns, Mayor of the County of Hawai’i, do hereby that the budget proposal through the to enhance these developing nations. proclaim (belatedly) March 23–29, 2001, as Reverend Leon Sullivan knew what HELENE H. HALE WEEK in the County of tax cut proposal would dip into the the 21st century would have to do. It Hawai’i, and extend belated best wishes for a Medicare trust fund and affect its fu- would have to fight the war of HIV/ Happy Birthday and many more in the fu- ture. AIDS and win that war. He was a ture. But I want to get back to the three champion of those issues. To the end, IN WITNESS WHEREOF, I have hereunto issues that I wanted to address tonight he was aware that the Continent was set my hand and caused The Seal of the that are health care-related and talk a rich in resources and human resources County of Hawai’i to be affixed. Done this little bit about each of those, if I could. 10th Day of April, 2001, in Hilo Hawai’i. and that in order for it to grow and One of the major problems that my thrive, we must embrace it, we must f constituents talk about, and I know it help it and enhance it but it must help The SPEAKER pro tempore. Under a is true for all my colleagues because we itself. And yes, he embraced the fight previous order of the House, the gen- have talked about it on the floor and against HIV/AIDS and helped Members tleman from New Jersey (Mr. PAYNE) is we have had many discussions, the fact of Congress to raise their voices recognized for 5 minutes. that so many seniors today are nega- against that terrible pandemic. He was (Mr. PAYNE addressed the House. His tively impacted due to the cost of pre- a warrior and a lion. I will always re- remarks will appear hereafter in the scription drugs. In my own State of New Jersey and member his smile but most of all his Extensions of Remarks.) in many States, we have enacted legis- fight for justice and equality and his f lation that would provide prescription love for humanity. HEALTH CARE drug benefits, some more generous f The SPEAKER pro tempore. Under than others, depending on the State, HONORING HELENE H. HALE the Speaker’s announced policy of Jan- for low-income seniors. But Medicare, The SPEAKER pro tempore. Under a uary 3, 2001, the gentleman from New which, of course, is the main health previous order of the House, the gentle- Jersey (Mr. PALLONE) is recognized for care program, the health care program that most seniors rely upon, that is woman from Hawaii (Mrs. MINK) is rec- 60 minutes as the designee of the mi- ognized for 5 minutes. nority leader. universal, does not include a prescrip- Mrs. MINK of Hawaii. Mr. Speaker, I Mr. PALLONE. Mr. Speaker, this tion drug benefit. You may be able to rise today to honor Helene H. Hale, a evening I would like to talk about get it if you have an HMO, but increas- distinguished citizen of Hawai’i, whose health care and my concern that in the ingly the HMOs do not provide pre- extraordinary example of public serv- first 100 days of the Bush administra- scription drug benefits or very limited ice truly sets her apart. tion, we have seen no action, effec- benefit. I reprint here a copy of a Proclama- tively, on the major health care con- b 1915 tion issued by County of Hawai’i Mayor cerns that affect the American people, So what we see is more and more sen- Harry Kim on April 10, 2001, honoring that my constituents are talking to me iors taking money out of their pockets Helene’s many contributions to Ha- about and that many of my colleagues to pay for increasingly high costs for wai’i and recognizing a truly unique in Congress, in the House of Represent- prescription drugs. and remarkable woman. atives, not only on the Democratic side I happen to chair our Democratic COUNTY OF HAWAI’I PROCLAMATION but also on the Republican side, have Health Care Task Force where we took WHEREAS, Helene H. Hale has served the identified, issues that we have identi- up this issue, but many of my col- people of Hawai’i in various elective capac- fied as important that need to be ad- leagues on the Democratic side, and ities for almost 50 years, and in at least one dressed in this Congress. I want to certainly some on the Republican side office in each of the past six decades: in the mention three tonight. There are as well, felt that we needed to provide 50’s and 60’s as a County Supervisor, in the many, but I want to mention three, if a prescription drug benefit in the con- 60’s as Chairman or Mayor of Hawai’i Coun- I could: one is the need for a Medicare text of Medicare so that all seniors, not ty, in 1978 as a delegate to the State’s Third prescription drug benefit; the second is just low-income seniors but middle-in- Constitutional Convention, and in the 80’s the need to reform HMOs, the so-called and 90’s on the County Council; and come seniors who are impacted prob- WHEREAS, at the age of 82 years young, in Patients’ Bill of Rights; and the third ably more than anybody else, because the year 2000, she was elected to the State is the mounting problem of so many in most States there is no benefit for House of Representatives on the slogan ‘‘Re- Americans, maybe 45 million Ameri- them, there is no protection for them, cycle Helene Hale,’’ becoming the oldest cans at this point, who have no health need to have this kind of a benefit. freshman ever elected to the State House, insurance. The Democrats came up with a bill and she has taken State government by Before I get to those three points, which we introduced in the last Con- storm; and though, I probably should point out gress, and I just want to summarize WHEREAS, far from being a career politi- that the President’s budget sends sort cian, she has combined government service that if I could, the major features of with other vocations, including wife, mother, of a defining message with regard to that bill, to get an idea of the type of college lecturer, bookstore manager, coffee health care by essentially not only prescription drug benefit that I think grower, realtor, U.N. supporter, and founder dealing with some of these problems ef- we need. of the Merrie Monarch Festival, and she has fectively but also by threatening First of all, the Democratic bill, brought to each of these the same intel- through the size of the tax cut that he called the Prescription Benefit Act of ligence, wit, energy, and dedication which recommends, which is primarily for the 2000, was universal and voluntary; es- have marked her service in government; and wealthy and corporate interests, to tablished a voluntary prescription drug WHEREAS, Helene Hale has claimed many possibly raid or effectively raid the ‘‘First,’’ including first female government benefit program for seniors and dis- official in Hawai’i since Queen Liliuokalani, Medicare as well as the Social Security abled in Medicare beginning in 2002. first African American elected official in Ha- trust fund. Enrollment is voluntary when a sen- wai’i, first resident of Hawai’i on the cover So I guess there is no reason why we ior or disabled person first becomes eli- of Ebony, first female chief executive of a should be under any illusions, if you gible for Medicare or if and when they

VerDate 01-MAY-2001 04:12 May 02, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.085 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1703 lose coverage from an employer, an that we want to do something here and I maintain that rather than look to HMO plan, or Medicaid. Enrollees we want to move this. There may have the States to create these plans which would receive Medicare payments for been some hearings, but there is no leg- oftentimes are limited and which covered drugs from any participating islation that is moving in any com- frankly they cannot afford, the Federal pharmacy and are charged negotiated mittee that would provide a prescrip- Government should be taking a lead. discounted prices on all of their cov- tion drug benefit. Basically, the fact that so many States ered drug purchases regardless of I want to be a little critical of what are dealing with this issue, and trying whether the annual benefit limit has the President has proposed because I to, cries out, in my opinion, for a Fed- been reached, the idea being that we want people to understand, and my col- eral solution. want to pool all the seniors in a Medi- leagues to understand, that it really Another area where I think that the care benefit so that the cost of pre- does not help too many people because average American is losing out with re- scription drugs is significantly less. it is a low-income benefit; but even gard to health care needs is on the In terms of the benefit, the proposal more I want to stress over and over issue of HMO reform and Patients’ Bill that the Democrats put forth last year again that there is no push even to do of Rights. Before I get to that, I see would pay for at least 50 percent of the this. that one of my colleagues is here; and negotiated price for the drug, up to 50 Let us just analyze briefly what the I know that she has been out front on percent of annual limits equal to $2,000 President’s medicine proposal, pre- these health care issues for a long time through 2002 to 2004, and it goes up to scription medicine proposal, is. now, so I would like to yield, if I could, Basically, the way he defines it, he $5,000 to 2009, and then adjusted for in- Mr. Speaker, to the gentlewoman from flation. So 50 percent of the cost from says it would limit full prescription Texas (Ms. JACKSON-LEE). the first prescription that one buys and coverage to Medicare beneficiaries then up to $5,000. There was a cata- with incomes up to 35 percent above Ms. JACKSON-LEE of Texas. Mr. strophic benefit beyond that that one the poverty line. So that is up to Speaker, I thank my distinguished col- would not pay anything. $11,600 for individuals and $15,700 for league, the gentleman from New Jersey The main thing I want to point out, couples, and seniors with out-of-pocket (Mr. PALLONE). I particularly thank though, is that this was a universal prescription spending of $6,000 per year. him for the persistent and dedicated benefit. What the Democrats have been Basically, we are talking about people leadership. Listening to him, I could saying is that everyone in Medicare at a fairly low-income level. not help but come to join him and raise should be eligible for a prescription In my own State of New Jersey, the some of the concerns that I have, par- drug benefit. That is because most of people that would be covered by the ticularly because I think it is impor- the people that are complaining to us President’s proposal would already be tant. I heard some lightheartedness about the cost of prescription drugs eligible for our low-income prescrip- made about our schedule; and I think it and not having coverage are, in fact, tion drug plan that is financed through is important to note that, of course, middle-income seniors, not the very casino revenue funds. I would suspect the Democrats do not make the sched- poor who often have, as in my State of that that is going to be the case in a ule for the House. The gentleman was New Jersey, some kind of a program to lot of other States that we are only just providing a long litany of needs, pay for their prescription drugs. dealing with fairly low-income seniors, and I would really prefer to be here Now, during the course of the cam- many of whom are already provided working with these issues, grappling paign, President Bush said that he some kind of coverage by their State; with these issues. wanted to address the concerns of sen- but even if they are not, it is not a Yesterday I spent a day in my dis- iors and he wanted to enact, if he was large percentage of the Medicare senior trict, called a day of community elected President, a prescription drug population that needs a prescription health, with the U.S. Surgeon General. benefit. It was not quite clear what he drug benefit. What we did, rather than give speeches had in mind. He was pretty general I would venture to say that unless in a big auditorium, we went to dif- about it, but he certainly suggested one is fairly well-to-do today, they are ferent health centers to look at the dif- that it was not just for low-income sen- suffering if they have to pay for their ferent needs that our community has. iors. It would be for all seniors. prescription drugs out of pocket. We focused, first, on the fact that can- Now so far in the first 100 days of this Now just to point out that the Demo- cer is maybe the second disease or sec- administration the only proposal that crats really mean business, when the ond highest death rate in our minority we have received is one that was basi- President’s budget came over, or when community and in our community. We cally included in the budget for, I the House budget which essentially re- looked at trauma, the needs of our think, about $150 billion, which is woe- flected the President’s budget came trauma facilities; and lo and behold, we fully inadequate in any case, for a low- over, to the Senate, the Democrats ba- found out that across the Nation there income prescription drug benefit. I do sically sought to double the amount of is a nursing crisis; we do not have not even want to stress this that much, money that would be available for a enough nurses to deal with health care. Mr. Speaker, but I need to stress that prescription drug program from essen- We looked at HIV/AIDS. We looked at there has been no push for this. It is tially $150 billion, which was the Presi- the question of children’s health care, one thing for the President to get up dent’s proposal, to about $300 billion, elderly care, and infant mortality. I during the campaign and say I want a on the assumption that we could have raise these issues with the gentleman prescription drug benefit. It is another some sort of universal benefit if it were because it was a very productive day. thing for him to change later and say, to pass. We listened to the people who were when he is elected, well, this is going Of course, the President has canned there working every day on the ground to be primarily for the low-income or that and said he does not support it. with these issues. exclusively for low-income people. Just to point out how important this We all know that from the bully pul- issue is and that I am not just talking The one thing that was noted is that pit of the Presidency that if one wants about this in the abstract but I know health care dominates people’s con- to get something done they simply that it is something that is really cru- versation. As I look at the administra- come down here to the Republican cial to the average senior, just last tion’s budget, it gives me pause for leadership that is in the majority in week in the New York Times there was concern, particularly since we have both Houses and say this is a priority, an article, April 23, about States cre- about a million children uninsured in we want to get this done and we want ating plans to reduce costs for drugs. It Texas. We are only about 300,000 that to get it done now. outlined how so many of the States we have enrolled. We are looking for- We are not getting that. We are not now are putting in place prescription ward to going to 400,000, but I still getting any suggestion from the White drug programs because they realize the think that is not enough. So I am in- House that this is a priority. Nobody is necessity of them; but again, a lot of terested in ensuring that the CHIPS sitting down here with either the Re- this is just for low-income seniors. A program continues to be funded at the publican leadership or the Democrats, lot of it does not cover that many peo- level that is needed to insure every sin- certainly not effectively, and saying ple. gle child.

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.089 pfrm01 PsN: H01PT1 H1704 CONGRESSIONAL RECORD — HOUSE May 1, 2001 As the gentleman well knows, some So I thank the distinguished gen- Bush and his Cabinet, but it is not hap- of the programs relate to working par- tleman from New Jersey (Mr. PALLONE) pening. The money is not there. There ents. This is not a handout of sorts. for this Special Order. I hope that we is no initiative to say that CHIP should Some of these are the working poor. can draw the attention of the adminis- be permanently expanded to include Just a few days ago, in the last 24 tration on that 4 percent across-the- adults and, more important, there is no hours, the State of Texas took on a bill board cut that we do not find that money. of about $57 million, I think, for the health care in America goes down rath- Ms. JACKSON-LEE of Texas. If the City of Houston to help pay for the in- er than up, and I believe that if the ad- gentleman will yield just for a mo- surance of public school workers. That ministration would listen they would ment, as I just wanted to conclude on is going to be a big burden on our State know that health care is number one in that point, you have got an exploding of Texas; and of course, we appreciate Americans’ minds and hearts, and we problem in New Jersey, and I have got the leadership of the State legislature, need to do something about it. an under-enrollment problem in Texas. but they obviously are going to need I thank the gentleman for yielding, I still have about 500,000 or 600,000. And collaborative support as it relates to and I hope we can get down to work. I see my friend and colleague from the funding for our hospital district, Mr. PALLONE. Mr. Speaker, I want Texas; he knows how hard we are work- our county hospitals and, as well, as I to thank the gentlewoman from Texas ing with the Hispanic, African Amer- said earlier, as it relates to the care of (Ms. JACKSON-LEE) for her comments. I ican and poor community to get them our children. think she is very much on point. When enrolled. We still have work to do. The gentleman noted that we are I go back to the district, I hear the One of the other issues we have spo- still struggling with this whole issue of same thing, what is being done about ken about on this floor and still needs prescription drugs for seniors. There is the health care issues? As we heard, I work, and I just wanted to mention it not a time that I go to the district that identified the three: the Medicare pre- as I close, is mental health parenting. that issue is not being raised; that scription drug, the HMO reform, and I was home this weekend and again working seniors, and when I say work- that constituency was raising the ques- ing seniors, seniors that worked who the problem of the uninsured. I talked tion about, do you all realize how im- now are retired, have indicated that a little bit about the prescription drug portant it is to provide access to men- even with their pensions and Social Se- benefit, but the gentlewoman pointed tal health services? curity, the cost of prescription drugs is out with regard to the problem for the We all have legislative initiatives. overwhelming. They are not able to uninsured, I had very high hopes. If the They cannot be authorized and then provide for themselves with housing gentlewoman remembers during the not funded. That is a real issue in this and the upkeep of the needs that they campaign, President Bush mentioned country; how long are we going to have have and to pay their utilities, and par- dealing with the uninsured. to wait to ensure that our insurance ticularly with the emerging crisis in b 1930 companies cover it? But people who are energy, and also pay for the prescrip- But then when he gets here, we do getting monies, not from the insurance tion drugs. not see any action. Even in his con- So my point this evening is simply to companies, but using the public sys- firmation hearings, the new Secretary say that there is a great opportunity tem, how do we provide them with of Health and Human Services, Sec- for us now to engage in real serious de- mental health coverage? retary Thompson, said that he wanted bate, bipartisanship, to talk about So there are a lot of issues we could to expand the CHIP program, the child issues that soon we will say we are too be addressing, and I wish that we would health care initiative, to include overloaded with the appropriations have the opportunity to do so. adults, the parents of the kids. process, the budget process and there Mr. PALLONE. Mr. Speaker, reclaim- Again, you point out, we are not goes prescription drug benefits again. ing my time, I want to yield in just a I would simply like to ask the admin- talking about people that do not have minute to our other colleague from istration, and the Republican leader- a job or are not working. These are Texas, but the sad thing is the admin- ship, can we not get down to the busi- working parents who are above the istration, this Bush administration, ness of health care in America? Can we Medicaid guidelines, but they do not keeps talking about what they are not come up and pass the prescription get health insurance on the job and going to do. But we do not really find bill that is already filed, that is a bi- cannot afford it. So the idea was to ex- that they are doing it. partisan bill, that is waiting for us to pand CHIP to include the parents. We had Governor Thompson, now respond to? We also know, if you do that, you get Secretary Thompson, before our Com- Finally, might I say to the gen- more kids signed up, maybe selfishly merce Health subcommittee last week, tleman from New Jersey (Mr. so, if the parents are in it, the kids get and he was touting the fact that he is PALLONE), he was just about going to in it too. I do not want to analyze all going to provide more money for com- provide some statistics on that, in fact that, but we are not seeing that hap- munity health centers. But if you look I think the American Association of pening. at the Bush budget, and there is one Emergency Physicians is meeting here The Secretary is talking about grant- paragraph here, it actually gets aid to and the American Medical Association ing waivers. But as you know, in many the uninsured. raised a number of issues in their meet- States the CHIP program has already So they are talking about trying to ing; we need the Patients’ Bill of exploded. I do not want to read this help with these community health cen- Rights. I do not know what the holdup editorial now, but I have one from my ters, but then they cut it. This is from is. The last session we were almost at local paper, the Asbury Park Press, a the New York Times. ‘‘The Bush budg- the front door or at the brink of vot- couple of weeks ago during our recess, et will propose deep cuts in health pro- ing. I think we obviously passed it out and it points out how the program has grams for people without health insur- of the House, never got anywhere. How been so successful, they do not have ance. Budget documents from the De- long do the American people have to enough money to pay for it for the partment of Health and Human Serv- wait? How long do I have to continue children. ices show the programs providing to say to my constituents, we are Now, New Jersey has a waiver and is health care access for the uninsured working on it; we are working on it? I trying to expand it to the adults. So will be reduced 82 percent to 20 million hope that the administration realizes many people signed up for it, they do from 140 million in the current fiscal that there is a great need in health not know where the money is going to year. These programs received 40 mil- care in America. Even in these days of come from. lion in 2000.’’ seeming prosperity, we are still fight- We do not have the money in the So I hate to use the term not being ing AIDS domestically as we are fight- President’s budget to expand the CHIP honest or not being truthful, but real- ing it internationally. We are seeing program to take care of adults, let ly, he is not being honest with the pockets of AIDS increase that need to alone even take care of all the kids, in American people in terms of what he is be addressed to ensure that these indi- my opinion. doing on these health care issues. He viduals continue to have coverage for Again, we heard about all these talks about what he is going to do, but their particular needs. things once upon a time with President the money is not there and there is no

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.090 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1705 movement, no effort to do anything to ters are the ones out there in the coun- $5 to $6 billion surplus. That projection Congress to move in that direction. try providing that access in rural never materialized, and in fact, sup- Mr. Speaker, I yield to the gentleman America and urban areas for those in- posedly we are down almost $11 billion from Texas. dividuals that do not have access to in the hole. So the State is having a Mr. RODRIGUEZ. Mr. Speaker, I health care, and that is important. real difficult problem, and there are thank the gentleman. I know he has I want to also indicate that the some quotes from both Democrats and been adamant about access to health President’s budget also cuts Medicaid Republicans, the fact that the State care for everyone and trying to make by over $600 million. Here is an issue, has been left in a situation they have sure it becomes not only accessible, and I mention Texas because I am from never been in in years. but affordable to everyone. I want to Texas, we have had over 300 nursing What is going to happen with the tax thank the gentleman for doing that homes that have gone under, mainly cuts we are having now, without hav- and continuously pushing forward. because of the Medicare-Medicaid reim- ing our priorities, without considering Let me just say things have gotten bursement in Texas, one of the lowest the issues that are before us? We are worse now. We have got over 44 million in the country. Yet he is going to cut going to find ourselves in a situation uninsured. That number continues to $600 million from Medicaid, which is because of what he did today. grow. As people become unemployed, for the indigent, and we are going to Today, he proposed the missile de- that is even going to get worse. And have problems in that area based on fense. Here we have a $100 billion pro- the reality is if you live in America that effort. posal that we have already expended, and you work in a small company, and In addition, I want to share with you by the way, since 1983 over $58 billion you do not work for government or for one of the areas, because I sit on the on this missile defense, which breaks a major corporation, you do not have Committee on Armed Services and the every single treaty we have had with access to health care. Committee on Veterans’ Affairs. In the Europe and Russia. We are the ones You have to be indigent to be able to area of veterans, he talked during the that are proposing it. We are the ones qualify for Medicaid, you have to be el- campaign about the importance of the that are breaking the treaty. We are derly to qualify for Medicare, and if military, yet when it comes to vet- the ones that decided we wanted to do you are the working poor out there, erans, he has proposed a $1 billion in- something different and are causing a trying to make ends meet, you do not crease. I want to share with you, that problem. We are going to expend major have access to health care, both afford- means 4.5 percent. resources that should be going to serv- able and any type. Well, in the area of health care, you ices and to our veterans and to other The reality is also that the increase can say the cost of living is 2.2, 2.3 per- things. in the prescription coverage we have cent, but in health care, it is over 15 I want to just add a couple of things. been trying to provide, I know from a percent. Prescriptions have gone up by I chair the Task Force on Hispanic minority perspective, a large number almost 20 percent in cost. So when you Health Care, and one of the things we of people, senior citizens on straight look at an industry that is related to really need to kind of look at in this Medicare, and if you do not have access health, their cost of living is a lot country is the fact that in the 1980s, up to Medicaid, then you do not have any higher. It has been estimated it is close to 1987, I was in the public health com- prescription coverage and you do not to 4.7 percent. munity in Texas, and we were at a have access to that. Basically what his revenues for our point of almost closing down our tuber- I know the President has proposed veterans is going to cover is existing culosis hospital because we did not that effort. But even his proposal, if programs. Right now, we find a di- have any cases. you look at it, would disenfranchise lemma that those people that have about 25 million senior citizens that served our country when we needed The bottom line is that now there are would not be able to have access to pre- them the most, they were there for us, over 15 million cases of tuberculosis scription coverage, which is something and now that they need us, we are not throughout this country, a large num- critical. there for them. ber; one-third of them are along the At a time when we are talking about There is no specific funding to reduce border. So we need to be very cautious tax cuts, here is an issue that if we the lengthy delays in veterans’ access with those infectious diseases, wher- could provide access to health care and to VA health care. There is no specific ever they occur, in this country or in affordable health care to all Ameri- funding to improve quality of health Africa, because those diseases, if we do cans, we would have an opportunity to care availability to veterans to rely on not take care of them now, the medica- not only help businesses and small the VA. There is no specific funding to tion that is being tested now and is not businesses out there that are now hav- fully implement the Veterans’ Millen- taken appropriately, other types of vi- ing a rough time also paying for that nium Health Care and Benefits Act, not ruses have come about that we do not insurance to get access to health care, to mention the fact that when it comes have the technology to deal with. If but we would be providing everyone at to our veterans in the area of mental those diseases come into this country, least that opportunity when they got health, as my fellow colleague, the we are going to have a serious problem. sick. gentlewoman from Houston, Texas (Ms. So we are not spending enough when it We talked about the fact that in JACKSON-LEE) indicated, in the area of comes to tuberculosis. America it is not a constitutional mental health, at any one time you When it comes to AIDS we have made right, but I was surprised, and some will find over half a million veterans some inroads, and, yes, the statistics people do not realize that the only ones that are homeless out there, a lot of seem to be improving. But it is dis- who have a constitutional right to them suffering from mental health proportionately now hitting certain have access to health care are pris- problems. When it comes to that area, populations. Hispanics, for example, oners in this country. Our prisoners we are not doing enough to be able to represent 20 percent of the cases, yet have a right to have access to health cover that. So we have a real situation we only represent 13 percent of the pop- care, yet our working Americans out where we need to make sure that we ulation. there that are working do not have ac- are responsive to our veterans. When you look at AIDS throughout cess to it and cannot afford to have ac- I just want to add that I think it is the world, and you would say, why do cess. That is unfortunate. important to recognize that right now you want to get involved in AIDS in The first 100 days, I have not heard our colleagues back home in Texas, and Africa, it is because of the fact that it the President say one word about I want to mention this because this di- is the same virus. If we do not treat it health care. I know his budget, you rectly relates to our President, that there, that virus will grow and go else- mentioned the community health cen- when he was in Texas, he also gave a where and eventually, if we are not ters he had proposed, and I was real op- major tax cut. careful, it will come here too. So we timistic when he said he proposed $3.6 Well, as of September and August of need to be very cautious in those infec- billion for the next 5 years. Well, that this past year, 2 months before the tious diseases and treat them as if they has not happened and that has not ma- election, our State comptroller indi- were right here in our backyard. If we terialized. The community health cen- cated that we were projected to have a can treat them abroad, that is even

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.092 pfrm01 PsN: H01PT1 H1706 CONGRESSIONAL RECORD — HOUSE May 1, 2001 better, so they do not reach our bor- adults into the CHIP program, the way ior citizens, and to making sure that ders. So it becomes real important that the gentlewoman from Texas (Ms. Social Security and Medicare and Med- we do those things. JACKSON-LEE) was talking. icaid would be taken care of. I am hoping that as we move forward, Then we even had GORDON SMITH, I am sure that the President is well- and I know most Americans feel that who is a Republican, who said that the intended, but as the gentleman points we should at least have access to that measure could be used to help busi- out, the proof is not only in the budget, health care, affordable and accessible nesses reduce the costs of insurance for but in the resolve of those of us in this care, I think that we can move forward their low-income employees, what the building to address these issues forth- on that. There are some beautiful pro- gentleman talked about. rightly. posals out there that talk about access I just do not understand what the re- Many of us, like the gentleman, have to health care, and indicate that we sistance is on the part of the Bush ad- done surveys in our district with re- can, because we are the country that ministration to trying to address these spect to prescription drugs, or have expends the most right now on health issues. Again, we hear a lot of rhetoric, been home to town meetings or on care, and they are saying we can cut but we do not see any money. We do radio talk shows where we have lis- that by $150 billion if we come up with not see any effort to come down here tened to call after call of the elderly, a new system, because we are based on and try to prioritize this issue at all. pleading to provide them with some re- a system that is basically based on Mr. RODRIGUEZ. What I am afraid lief, those elderly who have to choose profits and not provided. If you are of, if the gentleman will yield, is that between the food they are going to put sick, a lot of times you are let go and he is going to move with a tax cut and on their table, the heating or cooling you are left and no one wants to insure then, in all honesty, come forward, be- bills they are going to have to pay to you. cause there are a lot of needs now on their utility companies, or the pre- So the bottom line is that, as Ameri- the military budget, and he has come scription drugs that their doctors re- cans, we need to make sure we are up with a budget that almost does not quire them to take. there for our senior citizens, we need to provide anything yet and he has not We know from the studies that the make sure that we are there for our brought it forward, but I am sure right cost of the very same prescription most vulnerable; and we have to make now there is a real need for 40,000 new drugs that they need for blood pres- sure that those working Americans troops, we need $17 billion for infra- sure, for relief from arthritis, they can have that opportunity to receive that structure, and if he pushes that missile get at half the price in Canada or Mex- care. effort, that is $100 billion, not to men- ico. Once again, I want to thank the gen- tion that we need a lot of other re- I can say it no better than the tleman for his efforts. I know he has sources. woman on 60 Minutes who said, ‘‘I feel been there right on the forefront, and I So I am afraid that instead of taking like I am a refugee from my own health love the fact that he has not let go of care of priorities now when we do have care system in this country.’’ Will not this issue; and it is something that is the resources, we are going to find our- Congress listen? critical, and we should not let it go, selves the way we found ourselves in Let us not judge these first 100 days and we need to move forward on it. the 1980s. It is a political move from on the basis of civility, and I give the the Republican right to pit the issue of President credit for changing the tone, b 1945 the security of our Nation and our ar- but let us judge these first 100 days on Mr. PALLONE. I want to thank my mies against health care and edu- the resolve to truly reach out and help colleague, the gentleman from Texas. cation. the greatest generation. The gentleman pointed out in the be- It is unfortunate that he is playing Is it only lip service that we are pay- ginning of his statement, and I just with the lives of all Americans when it ing Americans all across the country, wanted to reiterate it again before we comes to access to health care at a or are we firmly committed to come move to our colleague, the gentleman time when we have the resources to forward and allow them to live out from Connecticut, that not only is the take care of those priorities, both on their final days in dignity, allow them problem with the uninsured growing, I the military side as well as on the not to be faced with the godawful think a few years ago it was 40 million, health care side. choice between the food on their table now the gentelman said it was almost Mr. PALLONE. I appreciate the gen- and the prescription drugs their doc- 45 million uninsured, but I think, as tleman’s comments. I thank him for tors are recommending that they take? the gentleman pointed out, very impor- coming down to join me and others. These are important decisions. When tantly, that if the economy does not Mr. Speaker, I yield to the gentleman I go home to my district, people say, continue to do well, and we know in from Connecticut (Mr. LARSON). ‘‘You are not doing anything down the last few months there have been Mr. LARSON of Connecticut. Mr. there in Congress. It does not seem as problems, that the problem will get Speaker, I thank the gentleman from though the rhetoric during the cam- worse and a lot more people will not New Jersey, and join with both my col- paign lives up to actual action on the have insurance. leagues in terms of their comments floor of either Chamber.’’ Sadly, they Again, I am critical of the President, this evening as it relates to health are right. not because I do not like him or any- care. I applaud the gentleman. I said to the thing, but just because he talks about I especially want to laud the gen- people back in my district, I am going these things but we do not see the ac- tleman from New Jersey (Mr. PALLONE) to continue to come to the floor of this tion, we do not see the money. for his efforts. Oftentimes he is the House and continue to speak out on the When the budget went over to the lone sentinel, if you will, on the watch- need for us to provide the kind of relief Senate, a resolution was passed to ac- tower of health care for everyone in that our citizens need. tually put I think it was $28 billion in this Nation. In this time of prosperity, in this additional money into the budget just With more than 44 million people time when we have the resources, there to address the problem of the unin- without insurance and access to health is no excuse to turn our backs on the sured. It was passed unanimously, and care across this Nation, I think Ameri- elderly. They should hold our collec- there were Democrats and Republicans cans listening in often wonder, as we tive feet to the fire on this issue, be- who spoke out and said that this was talk to an empty Chamber, is there cause both parties, all candidates, cam- important. anyone home? Does Congress listen to paigned on this issue. Now it is a ques- Senator WYDEN specifically talked the concerns that we have? tion of delivering on this issue for the about the economy slowing, and how To the gentleman’s earlier point, I people we are sworn to serve. more people would need insurance be- think that in the last campaign I do We would do well to heed the advice cause they would not be getting it on not think that there was a person in of Hubert Humphrey, and remember their job. this Chamber or clearly either Presi- that those in need during a time of Then we had OLYMPIA SNOWE, a Re- dential candidate that did not take al- prosperity, whether they be the chil- publican, talk about how this addi- most blood oaths with respect to pro- dren in the dawn of their life, the elder- tional money could be used to put viding prescription drug relief for sen- ly in the twilight of their life, or those

VerDate 01-MAY-2001 04:12 May 02, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.094 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1707 in the shadows of their life who need would like to change the MCCAIN bill or other body, the Vice President can our help and assistance, this is the the Dingell-Ganske bill? No. I do not break the tie. time for us to act and respond. get feedback in the Subcommittee on So I try to explain to my constitu- I thank the gentleman again for pro- Health and Environment of the Com- ents that as Democrats, and I know it viding this opportunity in this special mittee on Commerce about what the sounds very partisan, we do not have order for people to address the con- President does want, so I just have to the ability to bring these bills up, ei- cerns of health care, and specifically conclude he does not want anything. ther in committee, or we do not even for me tonight to be able to talk about In other words, the rhetoric is out have the ability to have a hearing. We the need for prescription drugs. there, ‘‘I want to pass this bill, and I certainly do not have an ability to Mr. PALLONE. I want to thank the want to do in the United States what bring the legislation to the floor. gentleman, and thank him for coming we did in Texas,’’ but I do not see any The only thing we can do is to con- down and expressing and articulating proposal coming from the White House tinue to speak out, as we have tonight, his thoughts so well. to accomplish that. I do not see any ef- and demand action on these health The gentleman talked mainly about fort to prioritize it. care initiatives. the prescription drug issue. I think of I would venture to say that the dif- I know the gentleman is here to- the three health care issues that I sort ferences on the Patients’ Bill of Rights, night, and others, and we are certainly of highlighted, and that we all high- for those who oppose it and those who going to continue to do that, because lighted tonight. are supportive, at this point are so we know this is not pie in the sky, this That is the one where I think there minimal that if we sat down in this is important to the average person. has probably been the most disappoint- room tonight, we could work out the Whether it is HMO reform, it is a pre- ment because of, as the gentleman differences. scription drug plan, or it is access for said, the rhetoric during the campaign. Mr. LARSON of Connecticut. There the uninsured, we have to address the It was certainly true on the part of is no question. The compromise lies issue. President Bush or then candidate Bush right ahead of us. I want to thank the gentleman again. that this was going to be addressed and I think what frustrates the American I just want to repeat again, Mr. Speak- this was going to be a priority, and it public is they see us talking before an er, that although I am concluding now, has not been. empty Chamber and they are won- we are going to be back again until we We can argue about what kind of dering why the collective body is not see the President and the Republican plan we should be putting into place, addressing these important issues; why leadership bringing legislation up that and whether the Bush plan is different they just seem to linger on and on and would address these health care con- than the Democratic plan. I can talk cerns. about that all night. But the bottom on with no resolve. I have a veteran from my hometown line is, I do not see any movement. I do f who has won three Purple Hearts whose not see any effort by the President to b 2000 monthly pension does not equal what come down here and say, ‘‘This is a pri- he pays in terms of prescription drugs. REBUTTAL COMMENTS ON HEALTH ority and I want it enacted into law,’’ CARE, THE PRESIDENT’S SPEECH even his own proposal, as limited as it This is what people are really seeking relief from. ON DEFENSE, AND ENERGY IN is. THE WEST I think we can see that on all these I agree with the gentleman, people issues. Probably the one that he most back home have talked passionately The SPEAKER pro tempore (Mr. committed to was the Patients’ Bill of about a Patients’ Bill of Rights. Cer- PENCE). Under the Speaker’s an- Rights. I remember during one of the tainly the concern is there for the un- nounced policy of January 3, 2001, the debates when he specifically said, ‘‘We insured that exist in this country, and gentleman from Colorado (Mr. have a Patients’ Bill of Rights, an HMO the costs that our hospitals are experi- MCINNIS) is recognized for 60 minutes reform bill, that is on the books in my encing, as well, under the Balanced as the designee of the majority leader. State of Texas.’’ And of course he did Budget Act of 1997. Mr. MCINNIS. Mr. Speaker, once not comment on the fact that he never But invariably, the real gut level again I want to spend a little time with signed it. But leaving that aside, it was emotion that I hear from people is that an evening chat. I want to discuss this in effect. He said, ‘‘I would like to see they are being really hurt by the lack evening a couple of issues, but first of the same thing, and I would support of a policy, the lack of a program that all I will rebut a couple of the com- the same thing on a Federal level if I will allow them to have the drugs that ments that were made in the last hour. was elected President.’’ their doctors know that they need in As my colleagues understand the Well, 100 days have passed. We had a order to survive. rules on the House floor, the previous bipartisan bill introduced in the other Shame on us for not continuing to speakers were allowed to speak 1 hour Chamber. I think we had Senator move that forward. When I say ‘‘us,’’ I unrebutted, and now I have an oppor- MCCAIN and Senator KENNEDY. Here we mean Democrats, Republicans alike. tunity to speak for an hour. It was not had a bipartisan bill. The gentleman The President, the Cabinet, all of us, my intent when I came over here this from Iowa (Mr. GANSKE) and the gen- we know that this is an important evening to rebut this, but some of tleman from Michigan (Mr. DINGELL) issue to all of them. these statements were so strong that introduced a bill that was modeled ex- I thank the gentleman for being one certainly my colleagues deserve to actly on the Texas law. of the lone sentinels, as I said earlier, hear what the other side of the story is. They had a previous bill in the last who comes down here on a regular It reminded me of a courtroom, one Congress called the Patients’ Bill of basis and makes sure that the public time in a closing argument where the Rights. They changed it slightly to understands that there are people out statement was made that if you have conform exactly with the Texas law on there that care, that there are people ever been a parent you understand that the liability law, on all the issues that willing to stand up and fight for what if there is a problem between two chil- have some contention. they believe is right, and people who dren and you separate the children, Within a couple of days, we saw the feel that this is a higher priority than each child comes up and tells you an President come out and say, ‘‘That is a tax cut. entirely different version of what hap- not acceptable. I do not like that bill.’’ Mr. PALLONE. I thank the gen- pened. And it is not that either child is I think he went before the cardiolo- tleman for the accolades. I want to intending to lie; it is that through the gists’ association and said he would thank the gentleman for being so con- eyes of those two different children, veto it if it came to his desk. cerned, as well. they have seen different versions. And This was bipartisan. I went to a press But I have to point out, because we I think that is what happens here. conference and there were some pretty are here tonight but we are going to It is not necessarily between Repub- right-wing Republicans at that press come back again, I have to point out licans and Democrats, although clearly conference supporting this legislation. that the President has his party in the there is a line drawn between the mod- Well, what is it that he wants? Is he majority in the House of Representa- erate and conservatives versus the lib- telling us what he wants and how he tives, and even though it is 50–50 in the eral side of the Democratic party, but

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.096 pfrm01 PsN: H01PT1 H1708 CONGRESSIONAL RECORD — HOUSE May 1, 2001 I think what we heard in the preceding we get a comment from the left side tinue to tell the consumer out there hour certainly reflects the more liberal that says, well, they are turning their that their prices are not going to in- side, the left side, of the Democratic backs on the elderly. crease on the demand side and pay es- Party. I do not think it is the main- And it is some of these very same calating prices on the supply side. That stream of America, and I do not think types of comments, or in my experi- is exactly what is happening with the it represents the mainstream in this ence these types of representatives kind of calculations and the figuring body. from that side of the party, that show with these promises that are being I mean, how many of my colleagues up here and talk about how we turn our made about health care in this coun- will turn their backs on the elderly? backs on education or we are ignoring try. Give me a break. There is nobody in the children or we do not care about Of course we want to improve health these Chambers that intentionally turn this or we do not care about that. I care; but dadgummit, we have to be their backs on the elderly. That is an have yet, I have yet to find one Con- straight with constituents. We have exact statement that was made here gressman, Democrat or Republican, or got to be straight with the American just a few minutes ago, that our Presi- independent, I have yet to find one people and tell them what it is going to dent, through his policy, turns his back Congressman that does not like edu- cost. This does not come free. It is so on the elderly. As strongly as I dis- cation. I have yet to find one Congress- easy to stand on this House floor, it is agreed with President Clinton in the man that intentionally or with any so easy to stand on this floor and make previous administration, I never ac- kind of design whatsoever turns their promises about things we are going to cused him of turning his back on the back on the elderly. give away. We may not use the word elderly. There are a lot of hard-working fo- free, but that is the implication. We It is these kinds of emotionally driv- cused people in this body, none of will handle all the prescription care en comments that are really nothing which by the way, in my opinion, de- problems of this country; we can fi- but, in my opinion, an effort to have serve to have the label put on them nance all the priorities of this country. emotion drive the issue instead of that they are turning their back on the Well, let me tell my colleagues, we facts. We cannot come to a good solu- elderly. And the same thing applies for would not have enough money in the tion if the means to get to that solu- the administration, this administra- world to finance the priorities. Because tion is driven entirely on emotion. tion as well as the previous administra- every time we would start paying out, That is exactly why this country has tion. for every five priorities out, five more got financial problems; it is exactly As I mentioned earlier, my disagree- would jump in. My colleagues know why this country got into a deficit, be- ments with the Clinton administration that, and I know that. cause time after time after time Mem- were clear, and in my opinion they And when we talk about things like bers of this body go out, and in their were very strong disagreements with health care, when we talk about things leadership strategy they lead the pub- the Clinton administration; but I never like the military, when we talk about lic by emotion; and then they leave it went to that administration and said things like education, when we talk to the other Members to try to dig out they turned their back on the elderly about specific projects in our districts, what the facts are. or they turned their back on this or when we are parochial about our dis- We see it out in the West. We see it they turned their back on that. tricts, we have an obligation to be hon- all the time in the West on the public So I think, really, in order for us to est about the cost. We can look at any lands, where emotion drives the issue, get to a solution in regards to prescrip- substantial entitlement program that not the science of the forests, not the tion and health care in this country, this government has, any one of them, science of the use of the water, not the we need to put some of this emotional pick it randomly. Any one my col- science of using dams for hydropower, rhetoric aside and sit down at a table. leagues want to pick, I can promise but the emotion of it. All the good of a And when my colleagues come to that that at the time it was put into place hydroelectric power plant in the West table, they had better bring a pencil the costs that were attributed to it, can be overcome by simply tying it to and a calculator, because we cannot this is what it is going to cost the tax- some kind of degradation of Yellow- put together a wish list without fig- payer, those costs were minuscule as stone National Park. uring out, number one, who pays for it; compared to the actual costs. Here is So what I would say to my colleagues number two, how we are going to pay the cost they promise; here is the cost that just preceded me speaking is, for it; and, number three, what are the we end up with. come on, let us talk about the facts. honest expectations of that cost. It is the history of a Democratic gov- Next time I would be happy to join Take a look, for example, when So- ernment in a body like this, because those colleagues. Bring a pencil and a cial Security was first conceived back the incentive is not to be straight with calculator and let us see how we are in the 1930s. It was never intended to be the taxpayers and the citizens of this going to afford exactly what they pre- a full retirement. Do not kid yourself. country. The temptation is to go out scribed this evening. Social Security was never intended by there and promise everything for noth- Of course all of us in this country are the people of this country to be a full ing. And that is exactly the problem having problems with pricing on pre- retirement package. Take a look at today we now face in California. In scription drugs. Of course, everybody where we are today. Today, it is an ex- California, the leadership out there, that I would run a survey on and asked pectation. It is an entitlement program the elected leadership and the ap- if they would like help on their pre- for full retirement. That is what some pointed leadership out there promised scription drugs are going to say yes. people expect. As a result, some of us the citizens of the State of California, Anytime somebody offers to help pay on this floor continue to give and give look, we do not have to take any risk our obligations with others’ money, and give; and yet this system now, for of exploration; let us do not allow any not our own money, with someone future generations, for our young peo- generation plants in this State; let us else’s money, well, we are happy to ac- ple, and if my colleagues want to talk not allow people to drill in this State; cept that. about somebody we need to pay atten- let us do not encourage conservation. The proposals that were being made tion to, look at this young generation Now, they did not say, let us not en- this evening by these preceding speak- and try to explain to them with a courage conservation, the practice ers, they are emotional. They sound straight face that there is going to be they followed discouraged conserva- wonderful. How can you lose? Some- Social Security dollars around. tion. Because no matter how much en- body else gets to pick up the tab. And One of our problems today is we pay ergy was wasted, the price did not go by the way, anybody that says maybe out $118,000 for people on Social Secu- up. It was capped. No matter how much we ought to do the addition, maybe we rity today. For a couple we pay out the electricity cost, the generators sold ought to figure out the bottom line, $118,000 more on average than they put it, citizens did not have to worry about that people will pay more and that we in the system. Now, how does that it, the State capped it for them. Well, will have the government interfering work? It does not work very well. that is an empty promise, in my opin- more, maybe we ought to take a look Later this evening I am going to talk ion, just the same as some of the prom- at that. But the minute we say that, a little about energy. You cannot con- ises or commitments that were made

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.098 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1709 this evening. Those promises are empty talked about how since the Cold War It seems to me that it is so basic that if in the long term we do not have the the defense mechanisms of this country with this threat developing out there, dollars or the resources to provide for have changed. Our military status, our in consideration of the fact that we those. defense in this country, has to be very have an obligation to the generations And based on the statements I heard fluid. It has to change with time. There behind us, as well as the generation here in the last hour, if we stacked up are a few facts that are very clear. ahead of us and our own generation, we the cost of those commitments or Number one, it is not only the United have an obligation to continue to give those promises that were made by States, China, and Russia that have nu- this country the best defense that it these speakers, and we put it on our clear capabilities. Now we have got can possibly have. You are totally dis- calculators, first of all we would have India, we have got Pakistan, we have regarding your obligation as a con- to have a calculator with a screen that Israel, we have Iran, we have North gressman if you continue to ignore the long. We are talking about trillions. Korea. I mean, the spread of nuclear fact that this country needs to defend We are not talking about billions; we weapons is a fact. against a missile attack. A lot of are talking about trillions of dollars. Now, no matter how many millions Americans, a lot of your constituents So if my colleagues can figure out how of barrels of oil we promise the North assume because we have NORAD space to pay for that, that is what they Koreans, they are going to continue to command out in Colorado Springs and should do first, then make their prom- develop nuclear weapons. The nuclear we can detect a missile launch within a ises second. weapon kind of shows you are the big few seconds anywhere in the world, in But what they do is they make the guy on the block. There is a lot of fact we are so good we can track a 6- promise, and this is the typical pro- countries that want those weapons be- inch bolt maybe 500 miles into space. gram in the Federal Government, make cause it gives them leverage in world We know what is coming at us. A lot of the promise, put the program into negotiations. So we should not be naive Americans assume that once we know place, then pass the cost of it on to the and think that these countries are not it, we shoot it down. That is not the next generation. That is exactly what going to develop these weapons. I think truth. That is not what can occur out has happened here, year after year what we have to do is assume that in there. after year. You get to give out the fact these countries will develop these All we can do once we detect a mis- freebies, you get to be the Santa Claus, nuclear weapons, the ones that do not sile launch against the United States but the next generation has to pay for already have them. In fact, the ones of America, all we can do is call up the it because my colleagues were clever that have them probably will, in many destination site and say, hold onto enough in their legislation to deflect cases, like with China and like with your britches, you have an incoming the true cost, to not admit the true Iran, assist other countries in acquir- missile. cost, or to defer the true cost to some ing these nuclear weapons. Do we have an obligation to put up point in the future. That is why we So is the answer to build more nu- some kind of shield to defend against have financial problems. clear weapons? I do not think so. I that? Of course we do. That is exactly Being a Congressman does not re- think our country has adequate mili- the direction that the President of the quire a lot of education. All we have to tary supplies of our weapons. The an- United States told this country this be is a citizen; we have to be a certain swer is figure out a device, figure out a morning. That he is prepared, that the age. But we are not required to have a missile defense. How do we stop those time has changed, he is prepared to re- college degree. In fact, it was inten- nuclear weapons? We are not going to duce our nuclear stockpiles while at tionally designed that way. The reason stop it by trying to convince these peo- the same time putting together a de- it was designed that way is our fore- ple they should not own them. Of fensive shield. fathers, justifiably and correctly, course they are going to own them. Now some of the critics and some thought we wanted people from all They will do anything they can to get people who oppose the military just in walks of life to represent the fine peo- their hands on them. What we need to general pop right up and say we do not ple of this country. But if we could do is to convince them, look, you are have the technology. It is going to be redo it, I think I would go back and going to spend a lot of money devel- too expensive. We did not have the say, look, every one of us ought to take oping a nuclear weapon; you are going technology when we said that we were business 101 or accounting 101. It ought to take a lot of resources from your going to put somebody on the moon. to be a fundamental requirement be- people, developing a nuclear weapon; We did not have the technology when fore we sit in these chairs. Because you are going to put a lot of your sci- we figured out we were going to solve what we tend to find happening is there entific resources of your country into polio. The fact is that we can do it. are a lot more promises made than developing a nuclear weapon. Americans can put their minds to what are funded. Then when they are something and accomplish it. not funded, we hear comments like I b 2015 So these people who want to criticize just heard a half an hour ago: they are And guess what is going to happen, ought to stand aside. They do not want turning their backs on the elderly. And when you come to your product, your to take a leadership position in the de- I have heard it on education: they do final product, i.e. that nuclear weapon, fense of this country. That is fine. I do not care about kids; education is not a the United States and its allies will not think that everybody needs to par- priority with them. have a defense that makes that weapon ticipate, but get out of our way. Let us Again, let me point out that I do not useless. That is exactly what the goal defend this country because I do not know one Congressman, Democrat or of this President is. And it is a justifi- want to be one with tears in my eyes Republican, I do not know one for able goal. who has to look at my children or my which education is not a priority. It is We are crazy, we are certifiably crazy grandchildren, or maybe even great a priority with everybody in these if we continue to turn our face and pre- grandchildren, if I am fortunate, when Chambers. So to make the statements tend at some point in the future there we are in the height of an international like were made in this preceding hour, is not going to be a nuclear missile crisis where these missiles might be in my opinion, are totally unjustified headed towards this country. We are ir- used and say to those generations be- and do not get us at all towards the responsible, in dereliction of our duty hind me, I am sorry, I could have put a kind of solution that we need to come if we do not now begin an aggressive ef- defense together. I could have done towards in order to help bring those fort at putting some kind of a protec- something to help you, but I walked prescription prices within range of the tive shield for this Nation and this Na- away from it. average American so they not only can tion’s allies and friends so that when None of us want to walk away from afford it, but they have access to it. that type of an attack comes, we are that obligation. We all need to come I want to visit about another issue prepared. And we make the ownership together behind the President and help before I get very deep into the subject of these kinds of weapons, not weapons the President with these efforts to de- of energy. I think the President today of threat or fear, we neutralize them fend this country and to build a capac- made a very, very significant speech to because we have a defensive shield for ity that will allow or take away all of the American people. The President those kinds of weapons. the leverage of all of the countries in

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.100 pfrm01 PsN: H01PT1 H1710 CONGRESSIONAL RECORD — HOUSE May 1, 2001 the world that have a nuclear weapon and it is a big player. It is a huge play- sting. They tried to make an artificial and they want to use it against the er in the world’s economy. A huge world out where you can continue to United States via some type of missile. player in the economy of the United have as much energy as you want and Let me move on to the other topic States. It is a huge player in their edu- not have to have your prices increased. that I want to discuss with you this cational institutions. It is a huge play- That does not encourage conservation. evening. That is energy. Look, we have er in their artistic institutions in Cali- But let us say here is supply, here is all heard about the State of California. fornia. We have a lot of fellow citizens demand. Conservation will go up like We know what the problem is in Cali- in California who are going to suffer this. So conservation closes a gap. I fornia, or at least we know some of the lots of consequences this summer as a brought this over, it is one of the most problem. Fundamentally I think every result of the short-sightedness of a few fascinating things that I have seen. one of our constituents understands government officials. And, frankly, suf- This is where we are going with incen- that California is running out of power. fer as a result of adopting the concept tives in the marketplace. You know, it is kind of hard to feel or being convinced or swayed by the A crisis drives innovation. To come sorry for California. California kind of concept that you can have all of the up with alternative energy, this energy adopted the not-in-my-backyard syn- power you want without having to have crisis is actually of some benefit be- drome. California has promised its citi- a generation facility somewhere in cause it will drive innovation. There zens do not worry, we will not increase your State. are a lot of people trying to figure out your prices on energy, which means, in We cannot let California die on the how to make a better mouse trap. essence, you do not have to conserve. vine. I am sure, colleagues, like the There are a lot of people saying we bet- California has not allowed a power gen- rest of you, I will probably go back to ter make our air conditioning units eration facility to be built, an elec- my office this evening and have calls more efficient. We can have a competi- trical-generation facility to be built in from people that say let them die on tive advantage if our SUV gets better their State for what, 10 years. the vine. California brought it on mileage. California has not allowed a natural themselves, let them suffer. Here is a piece of innovation here, gas transmission line to go through It is not that simple. We need to colleagues. This is a little piece of work with California. But let us look their State in California. In California paper. To me it looks like a little piece at a few of the facts. Let me say at the you do not even dare talk about nu- of tinfoil. It is laminated in a piece of very beginning that there seems to be clear energy with their elected offi- plastic, and there are two wires at- a make-believe theory out there that if cials. There are a lot of people in Cali- tached to this little piece of paper. Now we just simply conserve, our energy fornia with the national Sierra Club the person that talked to me about this crisis will be resolved. Let me tell you, whose number one priority is to take little device said there is a lot of en- that is inaccurate on its face, and it is down the Glen Canyon Dam, one of the ergy and movement, movement that inaccurate no matter which direction larger hydroelectric producers. There does not have to be generated. You they tell you it. It does not work. are people in California who are lead- Conservation is a major contributing know to generate electricity, you have ing the effort to take down the dams in factor that we have to put in place im- to generate movement. You do not the Snake River or the Columbia River mediately. In fact, you know what has need to generate this, this is natural because they are trying to convince the put more conservation in place in the movement. population of California you can have last few months than in any recent b 2030 it all and no risk. You can have it all time in history? It is not the govern- He said, we think we can capture en- and no cost. You can use as much as ment. It is not the government that you want, it keeps on coming at the ergy out of waves, out of waves in the put conservation into place, it is the ocean. He showed me this. He gave me same price. We do not have to build price of energy that has put conserva- electrical generation facilities in our this. I was so fascinated by it. You will tion into place. not be able to see it from there. If the State, because you can have it without I am a good example. I will use my- lights were out in the Chambers, you it. We do not have to take risk and self. I did not turn down my thermom- would see as I go like this, the light allow exploration of natural gas in our eters a year ago in my family home. comes on. That light is on. That move- State. Do not worry about it. We had the temperatures in our home, ment generates energy which is put In the meantime as this Titanic I live high in the Rocky Mountains of into this light. But do we have the ca- comes up on the iceberg, demand is Colorado, and in the winter time all of going like this and supply is going like our rooms were at 70 degrees. And in pability today to generate any kind of this. You cannot operate like that. You the summertime, our air conditioning, significant source of power as a result cannot operate an airplane when your because we like cool air, although we of this device? No. Maybe in 15 years, airport is this far away, and your fuel have a lot of cool air, if during the day maybe in 10 years, maybe we would get consumption is going to get you this it got hot, we kept the air conditioning a real break and have stuff like this close. It does not work. at 60 degrees. available in 10 years. But we do not Despite the flowery promises, despite It was not because some government have it available today. But that has all of the hype that was given about brochure or some bureaucratic official not slowed down the demand out there California, we discovered something said you do not have to have your that we have for power. new. We have discovered for the first rooms at 70 degrees, especially if you In fact, I find it interesting, one of time in the history of the capitalistic are not using them. Why not leave our largest age consumption groups of market that we are going to be able to those rooms at 55 degrees so your pipes power is our younger generation. That allow you to use all of the electricity do not freeze when you are not using is the generation of people that some of you want, the price will be capped. We the rooms. It was not because some the more radical environmental will deregulate. We will not have to government brochure came and told me groups, for example, the National Si- take any kind of risks or suffer as a re- that, it was because we got our gas bill. erra Club, has never supported a water sult of natural gas transmission lines I can assure you now in our household, storage project in the history of their or exploration because we have it all, anywhere in the house where there are organization. It is organizations like and we will not have to do it in our not people, that temperature is at 55 them out there trying to convince this own backyard. It is hard to find sym- degrees. We have not even started our younger generation, you can continue pathy for the State of California. In air conditioning. We have not had it on to increase your demand for power, fact, I have heard a lot of people say one time, not that it is on a lot this whether it is your computer, your that is their problem. time of year; but still for a day or two, radio or whatever, you can continue to Well, fortunately or unfortunately, I we would have had it on. We have our increase demand and yet at the same am here to tell you it is not all of Cali- fans running. We are trying to make time stop supply or not allow supply to fornia’s problem. What is bad in many plans for this summer, how do we con- expand, or take down the dams. ‘‘Don’t cases for California is bad for the serve? Why, because the price stun us. worry, the hydro power will be replaced United States of America. California, In California, the elected officials did somewhere else.’’ Those are fallacies. after all, is a State. It is a major State not have enough guts to let the prices That is exactly what got California

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.101 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1711 into the jam that it is in. That is ex- demanding. He’s saying that we’re know, we can all do without a little air actly what is getting the rest of us. We going to have to have I think a power conditioning. We can all suffer a little will be sucked down that drain as well plant every week for the next 20 years more. Most people that say that really if California goes down that drain. just to meet the demand. So what mean you can suffer a little more. We Let us go over some statistics that I these groups are suggesting, put your do not really mean I should be the one think are important to look at. Again head in the sand and say, It ain’t so, that suffers a little more, but you can remember, conservation is obviously a DICK. It ain’t so, Mr. Vice President. suffer a little more. critical element for this solution to It is so. If we are going to continue Take a look at what these rolling come together, but it is not the total with the kind of demand that we have blackouts will do to the State of Cali- answer. It is only a contributing factor and remember this demand, that is not fornia. California is one of the largest to the gap in the energy supply that we wasted power. This demand, just take a agricultural producers in the world. have today. Let us just pull up natural look at what the computer generation Refrigeration is a basic ingredient in gas. Consumer prices for natural gas has brought onto us for demand for en- order to, once you pick that crop, to have increased 20-fold in some parts of ergy. Realistically, we are going to store that crop, to transport that crop. our country over the past year. In a 1- have to have energy in this country on Take a look at the chicken farms and year period of time, the demand for an increasing production rate. So at the turkey farms out in California. natural gas has gone up 20 times. least somebody has had enough guts to They have tens of millions of birds out I talked to a gas analyst who went to stand up and say because we have ig- there. I had a chicken farmer tell me the different companies like General nored this, because we have put our the other day that if their circulating Electric that make power generation heads in the sand, we now have to build fans go off this summer, if they are facilities that are powered by natural a bunch of power plants. We should shut down for 20 minutes, they lose gas. Just the orders in place exceed the have been building them all along. their flock of birds. natural gas supply now available in What we need, the best energy policy Take a look at the computer chip in- this country. Let us go on. America’s and, by the way, keep in mind, the last dustry that has to have refrigerated demand for natural gas is expected to administration had no energy policy. storage. Take a look at the medical in- rise even more dramatically than oil. Our Secretary of Energy had no energy dustry that has to have refrigerated ca- Why? Because natural gas is a very policy. Our President had no energy pacity. Take a look at the frozen foods. clean fuel to utilize. It is a very con- policy. Our Vice President had no en- You all see them, those trucks that venient fuel to utilize. ergy policy. This new administration have those little boxes up on the front According to the Department of En- has come forward and a great part of of the trailer and a lot of times when ergy, by 2020, we will consume 62 per- the wrath that they are getting put the truck is parked you can hear that cent more natural gas than we do upon them by, say, some of the envi- little engine in there idling. That is re- today. Right now, an estimated 40 per- ronmental organizations has been frigerating that trailer. That will not cent of potential gas supplies in the brought about because this administra- be shut off obviously because of the United States are on Federal lands tion is saying to the American public, shutdown of a power plant in Cali- that are either closed to exploration or we need an energy policy. We need to fornia, but those little generating fa- limited by severe restrictions. Even if put everything on the table. cilities take fuel. My point here is elec- we find supplies of gas, moving it to We need to have on the table con- tricity is very important for us. Do not the market will require an additional servation, we need to have natural gas, think that it is just a matter of turn- 38,000 miles of pipeline and 255,000 miles we need to have the Arctic Wildlife ing off the air conditioner that is going of transmission lines at an estimated Refuge. That is not to say that all of to get us out of this crisis. The only cost of 120 to $150 billion, just to move these are going to be accepted, but way we are going to move out of this is the gas. In some places we have plenty they have got to go on the table. And we have got to build additional elec- of gas, but that is not where the popu- then we need to have level-headed trical generation. lation is. You have got to move the gas minds from all walks of life sit down Let me continue. Hydroelectric to the population. Now remember, the and come up with a strategy for energy power generation is expected to fall numbers that I am going over are as- for this country. That means we may sharply. Today, relicensing a power suming that the American public exer- add more items onto the table, or it plant can take decades and cost mil- cises conservation. Even in consider- means we may take some items off the lions. Now, even though consumers are ation of the fact that you would con- table. But for us to prematurely elimi- faced with blackouts and shortages, serve, these are still numbers you are nate sources or restrict conservation, some of the activists still want to tear going to face. what you do by the way with price out dams on the Snake River. The problem of inadequate supply caps, to do those kind of things does Let us move on to our next one. Oil. lines is illustrated by the Prudhoe Bay not help us develop a solid energy pol- It is amazing to me how negative peo- in Alaska. The site produces enough icy. ple have turned the word oil, as if it is gas a day to meet 13 percent of Amer- Let me move on to electricity. Elec- some evil empire out there. They think ica’s daily consumption; but because a tricity is one of our greatest chal- of the J.R. Ewing of Dallas days and pipeline has not been built, the gas is lenges. As illustrated in the growing oil. I am telling you, everything we pumped back into the ground. I might crisis in California, the Department of have in our life depends on this oil. I add, many of my colleagues have driv- Energy estimates that over the next 20 would like to be able to go to solar. So en by gas wells where we now have the years, the demand for energy in the far, despite years and years and years technology to capture the gas, and United States will increase by 45 per- and billions of dollars in research, we they burn it off or they burn it off be- cent. The increasing reliance on tech- have not made any kind of dramatic cause they do not have the capability nology has prompted our energy de- steps forward in solar. We have got to move the gas. They are looking for mands to outstrip recent projections. some, but we have not made the kind the oil. There are a lot of things we can Some experts calculate that the de- of steps we thought we could make to do for efficiencies in this country, but mands of the Internet already consume replace oil. we cannot do it by having our head in eight to 13 percent of the electricity. If I hope someday oil goes the same di- the sand and pretending that there is demand grows at the same pace as the rection that whale oil went. It used to not a crisis, at least not as it applies to last decade, we will need 1,990 new be before the discovery of oil, we used us and our price should not go up. plants by 2020, or more than 90 a year whales for oil, before the discovery of Let us move from natural gas. just to keep pace. With conservation oil in the ground. Thank goodness we Electricity. By the way, Vice Presi- ideas in mind, with the current tech- stopped hunting the whales because we dent CHENEY gave some great remarks nology that we have, we are going to found a replacement product. I hope here in the last couple of days. Now, of need to build 90 plants a year to keep through our technology we are able to course some of the more radical envi- pace. find a replacement product, but the ronmental organizations went nuts, What happens if you do not? Some fact is we do not have it today. The saying, Oh, my gosh, look at what he’s people might say to you, Well, you hard reality of it is we are not going to

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.104 pfrm01 PsN: H01PT1 H1712 CONGRESSIONAL RECORD — HOUSE May 1, 2001 have it next year. We are probably not to continue to go up, and you allow In the end, at the end of the day, the going to have it for any number of supply to continue to go down. When President says I need an energy policy years. So our reliance on oil, our de- there is a cross, there is a collision. It for this country. That is good policy of pendency on oil is very significant and is like two airplanes hitting in the sky. its own. We, Members of this Congress, we all depend on it. Our clothes are It is going to be a nasty crash. No new have an obligation, and I said earlier made with oil. Our medicine is made coal-fired plant permits in 10 years. No that obligation also means helping the with oil. Our vehicles, our ambulances, nuclear power plants have been built in State of California. It does not mean our fire trucks, our school buses, our our Nation in over 20 years. No inland subsidizing the State of California. It personal vehicles all run on oil. The refineries have been built in 26 years. does not mean allowing the citizens of lights that we have. Members know California’s power capacity is down 2 California to continue to have their what I am talking about. Take a look percent since 1990 while demand is up electricity or their gas or their oil at at any facet of life and tell me where 11 percent in that same period. So on artificially low prices. What it does oil is not needed. Any facet of life. It is one end, your supply you take it down mean is we have to be willing to par- fundamentally important. Until we by 2 percent. On the other end you take ticipate with California and help them find the replacement, we better face up demand up by 11 percent and in the get through this crisis, but California to the reality that we have to meet the meantime you say to the consumer has got to step up to the plate as well. demand. You cannot just meet the de- your price is capped; you do not have California is going to have to take a mand through conservation alone. to worry about a price increase. little more careful look about the not- Let us talk. Oil. In the next 20 years, My purpose tonight is to say that in-my-backyard position that they this Nation needs an energy policy. It America’s demand for oil will increase have taken. California is going to have is our President, the first President by 33 percent, according to the Energy to take a little more careful look about now in 9 years, who has come forward Information Institute. Yet as demand going out to its citizens and promising and in my opinion had enough gump- them no price increases. California is rises, domestic production drops. So tion to stand up, not hype, not a bunch going to have to take another look at the demand is going up and the domes- of hype but the gumption to stand up not allowing refineries in their State tic production in our country is going and say maybe we ought to look at ev- or at least stalling the permitting down. We have not had an inland refin- erything we are doing out here in re- process so they cannot get in there. ery built in this country for 25 years. gards to energy. Maybe, for example, California is going to have to take a That is not how you answer an we ought to look at some of the sanc- look at not allowing a natural gas upswinging demand line. We now tions we have on oil-producing coun- transmission line permit to go into produce 39 percent less oil than we did tries like Iran or some of these others. their State or be granted in their State in 1970. Maybe we ought to take a look and tell over such a long period of time. Those of you my age and older, a lit- the people, look, we have to conserve. This crisis, by the way, is not a crisis tle younger, can remember the crisis Again, let me remind my colleagues, that is going to sink us. This is not we had in the 1970s. Remember how and my guess is every colleague in here like being in these House chambers say this country committed that we would has been conserving in the last few on December 7 or December 8 of 1941, lessen our dependence on foreign oil, months. Why? Not because the govern- the day after Pearl Harbor, the day lessen it? It did not work. What hap- ment told them to conserve but be- after Pearl Harbor. That crisis is much pened is we continued to regulate, and cause the price of the energy they are more severe. This is a crisis we can re- I can tell you a lot of those regulations using has gone up tremendously. That solve. This is a crisis that if we bring were good regulations. But we contin- is what is driving their conservation. our heads together we can do some- ued to discourage any kind of oil explo- We have a President who says let us thing about it, but we are going to ration in this country, and we de- put everything on the table. Let us put have to change some policy. We are pended on other countries because conservation on the table. Let us put going to have to change the policies of other countries were easier to extract oil exploration on the table. Let us put the previous administration of drifting it from because less regulations and ANWR, let us put transmission lines on along without an energy policy. We are safeguards, et cetera, et cetera, and we the table, put everything on this table going to have to adopt an energy pol- have become more dependent, not less and then bring people to sit down at icy. We are going to have to change the dependent, upon it. We are down nearly this table and let us develop an energy policies that you do not have to have 4 million barrels of oil a day. Unless policy. It is an obligation, by the way, an increase in supply to meet increas- our policies change, domestic produc- that we have; not only to ourselves but ing demand. tion will continue to drop to 5.1 million to the generation behind us and the We are going to have to educate, I barrels a day in 2020, down from 9.1 generation ahead of us. think, our younger generation, work million barrels a day 30 years ago. What do you think we are going to with our younger generation, and prove We are increasingly dependent on for- do? Earlier in my comments I men- to them that the technologies that we eign governments for our oil. Back in tioned that I said somebody said well, have for oil exploration have improved 1973, we imported just 36 percent of our we turned our back on the seniors, if and that if they want to continue to oil from overseas. Today, we import you do not buy their program you are use power at the rate they are using over 54 percent of those resources. The turning your back on the seniors. You power we all have to join in in finding number of U.S. refineries has been cut better talk to those seniors this sum- this additional supply to meet that de- in half since 1980. There has not been a mer when you have to shut off air con- mand. new refinery built in this country in ditioning out there in California. You I think in the long run, what I hope more than 25 years. Those are pretty better explain to those seniors out in in the long run, is that 5 years from startling statistics. California why you would not be a will- now those of us on this House Floor Let us go back very quickly to Cali- ing participant at the table in trying can look back and say that energy fornia and take a look at the California to come up with some kind of energy problem we had back in 2001, it had situation. We have just seen the na- policy. You better be willing to talk to some good benefits to it. The American tionwide situation. Let us look at Cali- the seniors not only of California but people are now smarter about their uti- fornia. No new natural gas lines in 8 of New York, of Oregon, of Washington, lization of energy. They are con- years. They placed price caps on the and explain to them why you did not serving. We have more innovation on rate that electricity providers could find time to come to the table. the market. We have ways, we have al- charge to the consumers while doing We have to come to this table. The ternative energy that really works nothing to discourage demand. President has provided the table. The similar to this one right here with the President has even provided the subject light. That is what I hope 5 years from b 2045 of the discussion and the debate. Here now we look back, I hope 5 years from You continue to allow demand to go are some of my ideas. Here is what I now we can look back, and we have up. You do not discourage it through want to talk about. Now if you have a SUVs, for example, that get 45 or 50 conservation. You do not discourage it better idea, let us talk about it. Let us miles to the gallon instead of 12 or 15 through price. What you do is allow it put it in place. miles to the gallon.

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.106 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1713 I think we can do it, but in order for sons of California. Let us figure out here, refrain from the comments that us to do it, we have to stand up on the conservation methods that really the administration, for example, has line. We have to come out of the fox- work. Let us figure out where in a rea- turned their back on the elderly or hole. Somebody has got to be the first sonable and responsible environmental that they do not care about education one out of the foxhole. To that end, I fashion we can explore for additional or they do not care about this or they give credit to the President of the resources for energy. We have to do it. do not care about that. United States. He has taken a lot of Let us be frank when we talk to our They care about it. As I mentioned heat in these last 3 or 4 weeks or constituents and let them know, hey, earlier, I think everybody on this floor, maybe the last 2 or 3 months. Well, he we have to build power plants. We are no matter how liberal their politics has not been in office 3 months but a going to have to have resources to do are, how conservative their politics couple of months, and he has taken a that. You are no longer going to be are, I think everybody on this floor, ev- lot of heat because he stood up and said able to enjoy the luxury perhaps of erybody on this floor cares about edu- we need an energy policy and, God for- having every room at 70 degrees. cation; they care about the elderly; bid, we are going to need to explore for Times, they are changing. It is going to they care about health care; they care oil; and gosh darn, sorry about this but happen to us just like it has happened about defense. I have a list a half a we are going to have to have an ability in California. mile long that we care about. Let us to move natural gas from one end of Let me just summarize my earlier work together as a team. I think we the country to the other end of the comments in regards to the missile de- can do it. fense. We have left energy now. Let me country. f Those are tough stands to take in a just summarize my comments. It is an society that has become pretty used to inherent responsibility of every Mem- SPECIAL ORDERS GRANTED the fact that they get the energy they ber of Congress to provide a national By unanimous consent, permission to need without having a generation facil- defense not only for the people cur- address the House, following the legis- ity inside of their home or inside of rently here today, our generation and lative program and any special orders their community or even within the maybe the one behind us, but for the heretofore entered, was granted to: boundaries of their State. Times are future generations. It is an undeniable (The following Members (at the re- changing. fact that countries will continue to ac- quest of Mr. McNULTY) to revise and Is it not Bob Dillon that said, times cumulate nuclear weapons and the ca- extend their remarks and include ex- are changing? That is what is hap- pability to deliver them by missile. traneous material: pening. Times are changing in our de- That is undeniable. The only way that Mr. BONIOR, for 5 minutes, today. fense strategy and times are changing you will be able to defend yourself Ms. NORTON, for 5 minutes, today. in our energy strategy. We have to pay against those type of horrible weapons Mr. KUCINICH, for 5 minutes, today. attention to defense and we have to is to have a missile shield of some type. Mr. GEORGE MILLER of California, for pay attention to energy. We have to Do not kid yourself. You are not going 5 minutes, today. pay attention to health care. We have to be able to talk these countries out Ms. DELAURO, for 5 minutes, today. to pay attention to education. Times of disarming themselves. You are not Mr. ACEVEDO-VILA´ for 5 minutes, are changing, and energy is not exempt going to be able, as the previous ad- today. from the change of time. Energy is not ministration did or thought they could, Ms. LEE, for 5 minutes, today. exempt from continuing demand with bribe North Korea by sending them lots Mr. DAVIS of Illinois, for 5 minutes, diminishing supply. You cannot have of oil, which by the way goes right to today. or continue to have diminishing supply their military; or give them millions of Mrs. MINK of Hawaii, for 5 minutes, with continuing upgrade in demand dollars in foreign aid and expect these today. without a mid-air collision. countries, on my word we are going to Mr. PAYNE, for 5 minutes, today. That is exactly what happened in disassemble our nuclear weapons. Ms. JACKSON-LEE of Texas, for 5 min- California, kind of. That is exactly The fact is our country is going to utes, today. what is going to happen in California have to disassemble nuclear weapons (The following Members (at the re- this summer. We are going to have a and any of you, by the way, who are op- quest of Mr. JONES of North Carolina) mid-air collision. Maybe we can avoid posed to nuclear weapons, you ought to to revise and extend their remarks and it. We probably cannot. be in support of this defensive shield. include extraneous material:) Let me wrap up my comments here Why? There is no quicker way to make Mr. BURTON of Indiana, for 5 minutes, in regards to energy by saying to all of a nuclear weapon ineffective than have today and May 2 and May 3. us, especially to my colleagues from a shield against it. It works. We know Mr. JONES of North Carolina, for 5 California, I have been particularly it. You cannot disassemble a nuclear minutes, today. harsh this evening about what has gone missile fast enough as you can with a Mr. NUSSLE, for 5 minutes, today. on in the State of California but I am missile shield once we put it in place. Mr. HERGER, for 5 minutes, on May 2. not about to abandon the State of Cali- It makes them ineffective. That is Mr. WELDON of Pennsylvania, for 5 fornia. You are important to us. We are what will break the nuclear arms race. minutes, today. Mr. PLATTS, for 5 minutes, on May 2. important to you. But it does mean Mark my word, that is what will break you are going to have to change your that race is the first country that is a f habits. It does mean that you are going major power that comes out with a SENATE BILL REFERRED to have to start to conserve. It does shield that itself and their allies can A bill of the Senate of the following mean that you are going to have to use to defend themselves, that will title was taken from the Speaker’s stand up and tell your consumers out break the nuclear arms race as we table and, under the rule, referred as there that they are not going to be able know it today in the world. follows: to enjoy artificially low prices. They I intend to come back, I want to visit I hope later this week, certainly next S. 560. An act for the relief of Rita are going to have to pay. Mirembe Revell (a.k.a. Margaret Rita When you have disruptions in the week, and talk a little more about the Mirembe); to the Committee on the Judici- market you do not get the product you issue of the death tax and what it has ary. want, and disruptions are in the mar- done to a lot of families in America. It f ket when you artificially subsidize looks like we are close to a tax agree- prices. That is what has happened out ment. This afternoon they have been ENROLLED BILL SIGNED there. So we want to help our col- down at the White House, Mr. Speaker, Mr. Trandahl, Clerk of the House, re- leagues from California but for the rest working with the administration. I ported and found truly enrolled a bill of us, in our States that do not face hope we come together on that. I hope of the House of the following title, this imminent energy crisis, we better as we begin to put our budget together which was thereupon signed by the watch out because one of these days for this next year that we refrain from Speaker: that nasty wolf will be knocking on comments as were made in the pre- H.R. 256.—To extend for 11 additional our door. So let us learn from the les- vious speech prior to my coming up months the period for which chapter 12 of

VerDate 01-MAY-2001 04:34 May 02, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K01MY7.108 pfrm01 PsN: H01PT1 H1714 CONGRESSIONAL RECORD — HOUSE May 1, 2001 title 11 of the United States Code is reen- 1664. A letter from the Chairman, Federal REPORTS OF COMMITTEES ON acted. Referred to the Judiciary Jan. 30, 2001. Maritime Commission, transmitting the PUBLIC BILLS AND RESOLUTIONS Reported Feb. 26, 2001; Rept. 107–2. Union Commission’s FY 2002 Final Annual Perform- Calendar. Rules suspended. Passed House ance Plan; to the Committee on Government Under clause 2 of rule XIII, reports of Feb. 28, 2001; Roll No. 17: 408–2. Received in Reform. committees were delivered to the Clerk Senate Mar. 1, 2001. Passed Senate Apr. 26, 1665. A letter from the Chairman, Federal for printing and reference to the proper 2001. Trade Commission, transmitting the Com- calendar, as follows: mission’s FY 2000 Performance Report; to f Mr. THOMAS: Committee on Ways and the Committee on Government Reform. Means. H.R. 10. A bill to provide for pension ADJOURNMENT 1666. A letter from the Comptroller Gen- eral, General Accounting Office, transmit- reform, and for other purposes; with an Mr. MCINNIS. Mr. Speaker, I move ting the Office’s Performance and Account- amendment (Rept. 107–51 Pt. 1). that the House do now adjourn. ability report for FY 2000 and Performance Mr. BOEHNER: Committee on Education The motion was agreed to; accord- Plan for FY 2002; to the Committee on Gov- and the Workforce. H.R. 10. A bill to provide ingly (at 8 o’clock and 58 minutes ernment Reform. for pension reform, and for other purposes; 1667. A letter from the Acting Adminis- with an amendment (Rept. 107–51 Pt. 2). Re- p.m.), under its previous order, the ferred to the Committee of the Whole House House adjourned until tomorrow, May trator, General Services Administration, transmitting the Administration’s FY 2000 on the State of the Union. 2, 2001, at 9 a.m. Annual Performance Report; to the Com- Mr. REYNOLDS: Committee on Rules. f mittee on Government Reform. House Resolution 127. Resolution providing 1668. A letter from the Director, Holocaust for consideration of the bill (H.R. 10) to pro- EXECUTIVE COMMUNICATIONS, Memorial Museum, transmitting the FY 2000 vide for pension reform, and for other pur- ETC. Annual Performance Report; to the Com- poses (Rept. 107–53). Referred to the House Under clause 8 of rule XII, executive mittee on Government Reform. Calendar. 1669. A letter from the Chairman, Merit f communications were taken from the Systems Protection Board, transmitting the Speaker’s table and referred as follows: Board’s FY 2001–FY 2006 Strategic Plan and REPORTED BILLS SEQUENTIALLY 1652. A letter from the Secretary, Amer- FY 2002 Performance Plan; to the Committee REFERRED ican Battle Monuments Commission, trans- on Government Reform. mitting the Commission’s FY 2000 Annual 1670. A letter from the Administrator, Na- Under clause 2 of rule XII, bills and Program Performance Report; to the Com- tional Aeronautics and Space Administra- reports were delivered to the Clerk for mittee on Government Reform. tion, transmitting the Administration’s FY printing, and bills referred as follows: 1653. A letter from the Secretary, Amer- 2000 Performance Report; to the Committee Mr. OXLEY: Committee on Financial Serv- ican Battle Monuments Commission, trans- on Government Reform. ices. H.R. 1088. A bill to amend the Securities mitting the Commission’s revised Annual 1671. A letter from the Chairman and the Exchange Act of 1934 to reduce fees collected Performance Plan for FY 2002; to the Com- Acting General Counsel, National Labor Re- by the Securities and Exchange Commission, mittee on Government Reform. lations Board, transmitting the Board’s FY and for other purposes, with an amendment; 1654. A letter from the Chairman, Broad- 2000 Annual Program Performance Report referred to the Committee on Government casting Board Of Governors, transmitting and the FY 2002 Annual Performance Plan; Reform for a period ending not later than the Annual Program Performance Report on to the Committee on Government Reform. May 2, 2001, for consideration of such provi- the FY 2000 Performance Plan; to the Com- 1672. A letter from the Chairman, Nuclear sions of the bill and amendment as fall with- mittee on Government Reform. Regulatory Commission, transmitting the in the jurisdiction of that committee pursu- 1655. A letter from the Staff Director, Com- Commission’s FY 2002 Budget Estimates and ant to clause 1(h), rule X. (Rept. 107–52, Pt. mission On Civil Rights, transmitting the Performance Plan; to the Committee on Gov- I). Commission’s FY 2000 Government Perform- ernment Reform. f ance and Results Act Report; to the Com- 1673. A letter from the Attorney General, mittee on Government Reform. Office of the Attorney General, transmitting PUBLIC BILLS AND RESOLUTIONS the FY 2000 Performance Report and FY 2002 1656. A letter from the Acting Chairman, Under clause 2 of rule XII, public Commodity Futures Trading Commission, Performance Plan; to the Committee on Gov- transmitting the Commission’s FY 2000 Per- ernment Reform. bills and resolutions were introduced 1674. A letter from the Special Counsel, Of- formance Report; to the Committee on Gov- and severally referred, as follows: fice of Special Counsel, transmitting the ernment Reform. By Mr. BARTON of Texas: Counsel’s FY 2000 Annual Performance Re- 1657. A letter from the Chairman, Defense H.R. 1647. A bill to provide for electricity port; to the Committee on Government Re- Nuclear Facilities Safety Board, transmit- emergencies; to the Committee on Energy form. ting the Board’s Performance Report for FY 1675. A letter from the Chairman, Ten- and Commerce, and in addition to the Com- 2000; to the Committee on Government Re- nessee Valley Authority, transmitting the mittee on Resources, for a period to be sub- form. FY 2000 Annual Program Performance Re- sequently determined by the Speaker, in 1658. A letter from the Secretary, Depart- port; to the Committee on Government Re- each case for consideration of such provi- ment of Transportation, transmitting the 6- form. sions as fall within the jurisdiction of the month report in compliance with the Inspec- 1676. A letter from the Acting Adminis- committee concerned. tor General Act of 1988, pursuant to 5 app; to trator, U.S. Agency for International Devel- By Mr. UPTON (for himself and Mr. the Committee on Government Reform. opment, transmitting the Agency’s FY 2000 TOWNS): 1659. A letter from the Secretary, Depart- Performance Overview Report; to the Com- H.R. 1648. A bill to amend the Public ment of Transportation, transmitting the mittee on Government Reform. Health Service Act, the Employee Retire- Department’s FY 2002 Performance Plan and 1677. A communication from the President ment Income Security Act of 1974, and the FY 2000 Performance Report; to the Com- of the United States, transmitting a letter in Internal Revenue Code of 1986 to assure ac- mittee on Government Reform. support of legislation to extend the window cess to covered emergency hospital services 1660. A letter from the Inspector General, created under section 245 (i) of the Immigra- and emergency ambulance services under a Department of Veterans’ Affairs, transmit- tion and Nationality Act during which quali- prudent layperson test under group health ting the Office of Inspector General’s Stra- fied immigrants may obtain legal residence plans and health insurance coverage; to the tegic Plan for 2001–2006; to the Committee on in the United States without being forced to Committee on Energy and Commerce, and in Government Reform. first leave the country and their families for addition to the Committees on Education 1661. A letter from the United States Trade several years; (H. Doc. No. 107–62); to the and the Workforce, and Ways and Means, for Representative, Executive Office of the Committee on the Judiciary and ordered to a period to be subsequently determined by President, transmitting the FY 2002 Per- be printed. the Speaker, in each case for consideration formance Plan and FY 2000 Annual Perform- 1678. A letter from the Secretary, Federal of such provisions as fall within the jurisdic- ance Report; to the Committee on Govern- Trade Commission, transmitting the Com- tion of the committee concerned. ment Reform. mission’s Twenty-Third Annual Report to By Mr. ANDREWS (for himself and Mr. 1662. A letter from the Chairman, Federal Congress pursuant to section 7A of the Clay- KUCINICH): Communications Commission, transmitting ton Act, pursuant to 15 U.S.C. 18a(j); to the H.R. 1649. A bill to provide grants to States the Commission’s FY 2000 Annual Program Committee on the Judiciary. to establish, expand, or enhance prekinder- Performance Report; to the Committee on 1679. A letter from the Secretary, Depart- garten programs for children who are not yet Government Reform. ment of Health and Human Services, trans- enrolled in kindergarten; to the Committee 1663. A letter from the Chairman, Federal mitting the seventh annual report entitled, on Education and the Workforce. Labor Relations Authority, transmitting the ‘‘Monitoring the Impact of Medicare Physi- By Mr. GEORGE MILLER of California FY 2000 Annual Program Performance Re- cian Payment Reform on Utilization and Ac- (for himself, Mr. GILMAN, Mr. SAND- port; to the Committee on Government Re- cess’’; jointly to the Committees on Ways ERS, Mr. KILDEE, Mrs. MORELLA, Mr. form. and Means and Energy and Commerce. SCOTT, and Mrs. DAVIS of California):

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.045 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1715 H.R. 1650. A bill to establish the Child Care Foundation to encourage interest in the By Mr. PAUL: Provider Retention and Development Grant fields of mathematics, science, and informa- H.R. 1665. A bill to prohibit the destruction Program and the Child Care Provider Schol- tion technology; to the Committee on during fiscal year 2002 of intercontinental arship Program; to the Committee on Edu- Science, and in addition to the Committee ballistic missile silos in the United States; cation and the Workforce. on Education and the Workforce, for a period to the Committee on Armed Services. By Mr. ANDREWS: to be subsequently determined by the Speak- By Mr. QUINN: H.R. 1651. A bill to amend the Internal Rev- er, in each case for consideration of such pro- H.R. 1666. A bill to establish a uniform enue Code of 1986 to exclude from gross in- visions as fall within the jurisdiction of the closing time for the operation of polls on the come health care subsidy payments made to committee concerned. date of the election of the President and Vice employers by local governments on behalf of By Mr. GEORGE MILLER of California President; to the Committee on House Ad- volunteer firefighters; to the Committee on (for himself and Mr. WALDEN of Or- ministration. Ways and Means. egon): By Ms. RIVERS: By Mr. COLLINS: H.R. 1661. A bill to extend indefinitely the H.R. 1667. A bill to amend the Solid Waste H.R. 1652. A bill to amend the Internal Rev- authority of the States of Washington, Or- Disposal Act to require a refund value for enue Code of 1986 to reduce the amount of egon, and California to manage a Dungeness certain beverage containers, to provide re- the earned income credit; to the Committee crab fishery until the effective date of a fish- sources for State pollution prevention and on Ways and Means. ery management plan for the fishery under recycling programs, and for other purposes; By Mr. GONZALEZ: the Magnuson-STEVENS Fishery Conserva- to the Committee on Energy and Commerce. H.R. 1653. A bill to direct the Secretary of tion and Management Act; to the Committee By Mr. ROEMER (for himself, Mr. Education to conduct a study to determine on Resources. DELAHUNT, Mr. HOUGHTON, Mr. the best means of developing a national By Mr. GEORGE MILLER of California OLVER, Mr. NEAL of Massachusetts, standard by which to measure the rate at (for himself, Mr. PALLONE, Mr. RA- Mr. MCGOVERN, Mr. FRANK, Mr. MEE- which students drop out of secondary schools HALL, Mr. KILDEE, Mr. HAYWORTH, HAN, Mr. TIERNEY, Mr. MARKEY, Mr. in the United States, and for other purposes; Mr. WAXMAN, Mr. OBERSTAR, Mr. FIL- CAPUANO, Mr. MOAKLEY, Mr. GREEN- to the Committee on Education and the NER, Mr. BONIOR, Mrs. MINK of Ha- WOOD, Mrs. JOHNSON of Connecticut, Workforce. waii, Mr. CARSON of Oklahoma, Mr. Mr. SOUDER, Mr. KIND, and Mrs. By Mr. GREEN of Wisconsin: LARSEN of Washington, Mr. CHRISTENSEN): H.R. 1654. A bill to provide for the convey- MCDERMOTT, Ms. LEE, Ms. H.R. 1668. A bill to authorize the Adams ance of certain National Forest System MILLENDER-MCDONALD, Mr. BACA, Mr. Memorial Foundation to establish a com- lands to the towns of Laona and Wabeno, ABERCROMBIE, Mrs. BONO, Mr. KIND, memorative work on Federal land in the Dis- Wisconsin; to the Committee on Agriculture. Mr. FRANK, Mr. STUPAK, Mr. FROST, trict of Columbia and its environs to honor By Mr. GREEN of Wisconsin (for him- Mr. KENNEDY of Rhode Island, Mr. former President John Adams and his fam- self, Mr. LANTOS, Mr. SOUDER, Mr. UDALL of New Mexico, Mr. INSLEE, ily; to the Committee on Resources. WATKINS, and Mr. GORDON): By Mr. THOMPSON of California (for H.R. 1655. A bill to amend title 18, United Mr. NETHERCUTT, Mr. BALDACCI, Mr. himself, Mr. LEWIS of California, Mr. States Code, to punish the placing of sexual FALEOMAVAEGA, Mr. BLUMENAUER, BACA, Mr. BERMAN, Mrs. BONO, Mr. explicit photographs on the Internet without Ms. LOFGREN, Mr. LANTOS, Mr. JEF- CALVERT, Mr. CONDIT, Mr. the permission of the persons photographed; FERSON, Mr. CANNON, Mr. CONDIT, Mr. CUNNINGHAM, Mrs. DAVIS of Cali- to the Committee on the Judiciary. TOWNS, Mr. BLAGOJEVICH, Mr. TAYLOR fornia, Mr. DOOLITTLE, Mr. DREIER, By Mr. GREENWOOD (for himself, Mr. of North Carolina, Mr. WATKINS, Mr. Mr. FILNER, Ms. HARMAN, Mr. MCCRERY, Mr. TOWNS, Mr. FOLEY, Mr. ALLEN, Mrs. NAPOLITANO, Mr. HIN- HERGER, Mr. HONDA, Mr. HORN, Mr. MCDERMOTT, Mr. ACEVEDO-VILA, Mr. CHEY, Ms. MCCOLLUM, Mr. UDALL of HUNTER, Mr. INSLEE, Mr. ISSA, Ms. RANGEL, and Mr. SERRANO): Colorado, Mr. LUCAS of Oklahoma, H.R. 1656. A bill to amend title XVIII of the Mr. CAMP, Ms. KILPATRICK, and Mr. LOFGREN, Mr. GEORGE MILLER of Cali- Social Security Act to increase payments HONDA): fornia, Mrs. NAPOLITANO, Mr. OSE, under the Medicare Program to Puerto Rico H.R. 1662. A bill to improve the implemen- Mr. RADANOVICH, Ms. SANCHEZ, Mr. hospitals; to the Committee on Ways and tation of the Federal responsibility for the SHERMAN, Mrs. TAUSCHER, Mr. WAX- Means. care and education of Indian people by im- MAN, Ms. WOOLSEY, Mr. MATSUI, Ms. By Mr. HERGER (for himself, Mr. MAT- proving the services and facilities of Federal PELOSI, Mr. BLUMENAUER, Mr. SCHIFF, SUI, Mr. FOLEY, Mr. RAMSTAD, Mrs. Indian health programs and encouraging Mrs. CAPPS, Mr. LANTOS, Ms. WA- THURMAN, Mr. JONES of North Caro- maximum participation of Indians in such TERS, Ms. LEE, Ms. ESHOO, Mr. THOM- lina, and Mr. PETERSON of Min- programs, and for other purposes; to the AS, Mr. FARR of California, and Mr. nesota): Committee on Resources, and in addition to MCKEON): H.R. 1657. A bill to amend the Internal Rev- the Committees on Energy and Commerce, H.R. 1669. A bill to provide incentives to enue Code of 1986 to extend and modify the Ways and Means, and Government Reform, encourage private sector efforts to reduce credit for electricity produced from biomass, for a period to be subsequently determined earthquake losses, to establish a national and for other purposes; to the Committee on by the Speaker, in each case for consider- disaster mitigation program, and for other Ways and Means. ation of such provisions as fall within the ju- purposes; to the Committee on Ways and By Mr. HILL: risdiction of the committee concerned. Means, and in addition to the Committees on H.R. 1658. A bill to eliminate the Federal By Mr. MOAKLEY: Financial Services, and Science, for a period quota and price support programs for Burley H.R. 1663. A bill to amend the Public to be subsequently determined by the Speak- tobacco, to compensate quota holders for the Health Service Act, the Employee Retire- er, in each case for consideration of such pro- lost quota value, to provide transition pay- ment Income Security Act of 1974, and the visions as fall within the jurisdiction of the ments to producers of Burley tobacco, and to Internal Revenue Code of 1986 to extend the committee concerned. provide assistance to communities adversely basic period for health care continuation By Mr. VITTER (for himself, Mr. affected by the elimination of the quota and from 18 months to 5 years; to the Committee CRANE, and Mr. MCCRERY): price support programs; to the Committee on on Energy and Commerce, and in addition to H.R. 1670. A bill to amend the Internal Rev- Agriculture. the Committees on Education and the Work- enue Code of 1986 to allow certain coins to be By Mr. HOUGHTON (for himself and force, and Ways and Means, for a period to be acquired by individual retirement accounts Mr. HALL of Ohio): subsequently determined by the Speaker, in and other individually directed pension plan H.R. 1659. A bill to amend the Internal Rev- each case for consideration of such provi- accounts; to the Committee on Ways and enue Code of 1986 to clarify the amount of sions as fall within the jurisdiction of the Means. the charitable deduction allowable for con- committee concerned. By Ms. DELAURO (for herself, Mrs. tributions of food inventory, and for other By Mr. OSE: LOWEY, Ms. ROYBAL-ALLARD, Ms. purposes; to the Committee on Ways and H.R. 1664. A bill to authorize the Secretary KAPTUR, Mr. HINCHEY, Mr. BROWN of Means. of the Interior or the Secretary of the Army Ohio, Mr. KILDEE, Mr. LIPINSKI, Ms. By Ms. EDDIE BERNICE JOHNSON of to waive any restriction on operation of any PELOSI, Mr. LANTOS, Mrs. JONES of Texas (for herself, Mr. FROST, Mr. of certain Bureau of Reclamation facilities Ohio, Mrs. CHRISTENSEN, Mr. MCGOV- MCGOVERN, Mrs. MEEK of Florida, or Corps of Engineers facilities, respectively, ERN, Mr. SERRANO, Ms. MCKINNEY, Mr. SANDLIN, Mr. HASTINGS of Flor- as necessary to address an emergency elec- Mr. ROEMER, Mr. WEINER, Ms. ida, Mr. BOUCHER, Mr. RODRIGUEZ, tric power shortage declared by the Governor SCHAKOWSKY, Mr. WEXLER, Mr. Mr. MEEKS of New York, Mrs. of a State to which power from that facility MCDERMOTT, Mr. RANGEL, Mr. CHRISTENSEN, Mrs. JONES of Ohio, Ms. can be transmitted; to the Committee on Re- GUTIERREZ, and Mr. FALEOMAVAEGA): CARSON of Indiana, Ms. LEE, Mr. RAN- sources, and in addition to the Committee on H.R. 1671. A bill to consolidate in a single GEL, Mr. BACA, Mr. ETHERIDGE, Mr. Transportation and Infrastructure, for a pe- independent agency in the executive branch OWENS, Mr. CUMMINGS, Ms. WOOLSEY, riod to be subsequently determined by the the responsibilities regarding food safety, la- and Ms. KILPATRICK): Speaker, in each case for consideration of beling, and inspection currently divided H.R. 1660. A bill to develop a demonstra- such provisions as fall within the jurisdic- among several Federal agencies; to the Com- tion program through the National Science tion of the committee concerned. mittee on Agriculture, and in addition to the

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Committee on Energy and Commerce, for a By Ms. DELAURO (for herself, Mr. ACK- and products thereof are free of Foot and period to be subsequently determined by the ERMAN, Mr. ALLEN, Mr. BALDACCI, Ms. Mouth Disease for the protection of the Speaker, in each case for consideration of BALDWIN, Mr. BARRETT, Mr. BENTSEN, American livestock owners; to the Com- such provisions as fall within the jurisdic- Ms. BERKLEY, Mr. BERMAN, Ms. EDDIE mittee on Agriculture. tion of the committee concerned. BERNICE JOHNSON of Texas, Mr. 34. Also, a memorial of the House of Rep- By Ms. CARSON of Indiana: BISHOP, Mr. BLAGOJEVICH, Mr. resentatives of the Commonwealth of Penn- H.J. Res. 46. A joint resolution proposing BONIOR, Ms. BROWN of Florida, Mr. sylvania, relative to Resolution 68 memori- an amendment to the Constitution of the BROWN of South Carolina, Mrs. alizing the United States Congress to enact United States relating to incarceration for CAPPS, Mrs. CHRISTENSEN, Mrs. CLAY- H.R. 20, that was introduced on January 3, minor traffic offenses; to the Committee on TON, Mr. CROWLEY, Mr. CUMMINGS, 2001, and that modifies provisions of the the Judiciary. Mr. DAVIS of Illinois, Mrs. DAVIS of Clean Air Act, regarding the oxygen content By Mr. HOEKSTRA (for himself, Mr. California, Mr. DEFAZIO, Mr. of reformulated gasoline and improves the WELDON of Pennsylvania, Mr. GEKAS, DELAHUNT, Mr. ENGEL, Ms. ESHOO, regulation of the fuel additive methyl ter- Ms. PELOSI, Mr. EHLERS, Mr. UPTON, Mr. FORD, Mr. FRANK, Mr. FROST, Mr. tiary butyl ether (MTBE); to the Committee Ms. KILPATRICK, Ms. RIVERS, Mrs. JO GREEN of Texas, Mr. HILLIARD, Mr. on Energy and Commerce. ANN DAVIS of Virginia, Mr. HOEFFEL, HINCHEY, Ms. HOOLEY of Oregon, Mr. Mr. FLAKE, Mr. LEVIN, Mr. HORN, Ms. JACKSON-LEE of Texas, Ms. 35. Also, a memorial of the Legislature of BALLENGER, Mr. SCHAFFER, Mr. SMITH KAPTUR, Mr. KILDEE, Ms. KILPATRICK, the State of Idaho, relative to Senate Joint of Michigan, Mr. BLUMENAUER, Mr. Mr. KUCINICH, Mr. LANGEVIN, Mr. Memorial 102 memorializing the United KNOLLENBERG, Mr. WATTS of Okla- LANTOS, Ms. LEE, Ms. LOFGREN, Mrs. States Congress to respectfully request that homa, Mr. PITTS, Mr. CAMP, Mr. OSE, LOWEY, Mr. LUTHER, Mrs. MALONEY of the President refuse to designate the re- Mr. SOUDER, Mr. MICA, Mr. DAVIS of New York, Mr. MATSUI, Ms. MCCAR- quested Owyhee-Bruneau Canyonlands Na- Florida, Mr. BEREUTER, Mr. THY of Missouri, Mr. MCDERMOTT, Mr. tional Monument without prior consultation TANCREDO, and Mr. CANTOR): MCGOVERN, Ms. MCKINNEY, Mr. with the Governor of Idaho, the State Land H. Con. Res. 117. Concurrent resolution ex- MCNULTY, Mr. MEEHAN, Mrs. MEEK of Board, the Idaho Legislature, and local gov- pressing sympathy to the family, friends, Florida, Ms. MILLENDER-MCDONALD, ernment officials in Owyhee County, and and co-workers of Veronica ‘‘Roni’’ Bowers Mrs. MINK of Hawaii, Mrs. MORELLA, without subjecting the request to public re- and Charity Bowers; to the Committee on Mr. NADLER, Mrs. NAPOLITANO, Ms. view and input; to the Committee on Re- International Relations. considered and NORTON, Mr. OBERSTAR, Mr. OLVER, sources. agreed to. Mr. PAYNE, Ms. PELOSI, Mr. RANGEL, 36. Also, a memorial of the House of Rep- By Ms. BERKLEY (for herself, Ms. ROS- Ms. RIVERS, Mr. RUSH, Ms. SANCHEZ, resentatives of the Commonwealth of Penn- LEHTINEN, Mr. FROST, Ms. DELAURO, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. sylvania, relative to Resolution 144 memori- Mrs. LOWEY, Mr. ACKERMAN, Ms. SCHIFF, Mr. SHOWS, Ms. SLAUGHTER, alizing the United States Congress to call on SLAUGHTER, Mr. CANTOR, Mr. Mr. STARK, Mr. STUPAK, Mrs. THUR- the City of Philadelphia to erect and main- PALLONE, Mr. DELAHUNT, Mr. TOWNS, MAN, Mrs. JONES of Ohio, Mr. WATT of tain flashing warning lights in front of every Mrs. JONES of Ohio, Mrs. NAPOLITANO, North Carolina, Mr. WAXMAN, Mr. elementary school building; to the Com- Mr. WEINER, Mr. MOORE, Mr. WEXLER, WEXLER, Ms. WOOLSEY, and Mr. mittee on Transportation and Infrastruc- Ms. BALDWIN, Mrs. MALONEY of New WYNN): York, Mr. MCDERMOTT, Mr. CARDIN, H. Res. 128. A resolution recognizing the ture. Mr. HOLDEN, Mr. MCNULTY, Mr. BER- unique effects that proposals to reform So- 37. Also, a memorial of the Legislature of MAN, Mrs. MCCARTHY of New York, cial Security may have on women; to the the State of Idaho, relative to Senate Joint Ms. MCCARTHY of Missouri, Mr. Committee on Ways and Means. Memorial 106 memorializing the United ENGEL, Mr. KIRK, Mr. GUTIERREZ, Mr. f States Congress to request that President di- LEVIN, Mr. GONZALEZ, Ms. NORTON, rect the Office of the U.S. Trade Representa- Mr. LANGEVIN, Mr. NADLER, Mrs. MEMORIALS tive and the Secretary of Commerce to make MINK of Hawaii, Mr. KUCINICH, Ms. Under clause 3 of rule XII, memorials the problem of subsidized Canadian lumber MCKINNEY, Mr. HONDA, Mr. HINCHEY, were presented and referred as follows: imports a top priority; to the Committee on Mr. HOEFFEL, Mr. CROWLEY, Mr. Ways and Means. SCHIFF, Mr. HASTINGS of Florida, Mr. 30. The SPEAKER presented a memorial of DEUTSCH, Mrs. MORELLA, Mr. NEAL of the Legislature of the State of Idaho, rel- 38. Also, a memorial of the Legislature of Massachusetts, Mr. ABERCROMBIE, ative to Senate Joint Memorial 103 memori- the State of Idaho, relative to Senate Joint Ms. WOOLSEY, Mr. HOLT, Mr. FILNER, alizing the United States Congress to request Memorial 105 memorializing the United Ms. SOLIS, Mr. MATHESON, Ms. KIL- the President to impose a moratorium on the States Congress to enact legislation enacting PATRICK, Mr. MATSUI, Mrs. CAPPS, Mr. roadless regulations pending careful review pilot projects such as those recommended in GIBBONS, Mr. FOLEY, Mr. FRANK, and and study; to the Committee on Agriculture. the report submitted to the Idaho Board of Mr. MCGOVERN): 31. Also, a memorial of the Legislature of Land Commissioners entitled, ‘‘Breaking the H. Con. Res. 118. Concurrent resolution the State of Idaho, relative to Senate Joint GridLock: Federal Lands Pilot Projects in urging the return of portraits painted by Memorial 107 memorializing the United Idaho.’’; jointly to the Committees on Agri- Dina Babbitt during her internment at States Congress to support a moratorium on culture and Resources. all imports of live cattle, precooked beef, all Auschwitz that are now in the possession of 39. Also, a memorial of the Legislature of beef products, and potentially contaminated the Auschwitz-Birkenau State Museum; to the State of Idaho, relative to Senate Joint feed ingredients for a period of three years or the Committee on International Relations. Memorial 104 memorializing the United until importers can prove that the meat, live By Mr. CRANE: States Congress in the interest of protecting animals and feed ingredients are free of Bo- H. Con. Res. 119. Concurrent resolution ex- the integrity and posterity of our forest and vine Spongiform Encephalopathy for the pro- pressing the sense of the Congress with re- wild lands, wildlife habitat, watershed, air tection of the United States cattle industry; spect to the right of all Americans to keep quality, human health and safety, and pri- to the Committee on Agriculture. and bear arms in defense of life or liberty vate property, the U.S. Forest Service and 32. Also, a memorial of the Legislature of and in the pursuit of all other legitimate en- other federal land management agencies the State of Idaho, relative to Senate Joint deavors; to the Committee on the Judiciary. must immediately implement a cohesive Memorial 108 memorializing the United By Mr. GREEN of Wisconsin (for him- strategy to reduce the overabundance of for- States Congress to enact legislation that self, Ms. SANCHEZ, Mr. SCHAFFER, and est fuels that place these resources at high mandates country of origin labeling for Mr. HEFLEY): risk of catastrophic wildfire; jointly to the H. Con. Res. 120. Concurrent resolution meat, and to require that products labeled Committees on Agriculture and Resources. Sxpressing the sense of the Congress that So- ‘‘U.S. Produced’’ be born, raised and proc- cial Security reform measures should not essed completely in the United States; to the 40. Also, a memorial of the House of Rep- force State and local government employees Committee on Agriculture. resentatives of the Commonwealth of Penn- into Social Security coverage; to the Com- 33. Also, a memorial of the Legislature of sylvania, relative to Resolution 149 memori- mittee on Ways and Means. the State of Idaho, relative to Senate Joint alizing the United States Congress to urge By Mr. HOEFFEL (for himself, Mr. Memorial 109 memorializing the United the President of the United States, the De- ENGEL, Mr. PLATTS, Mr. TANCREDO, States Congress to support safeguards to pre- partment of the Interior and the Environ- Ms. KAPTUR, Mr. SHERMAN, and Mr. vent movement of Foot and Mouth Disease mental Protection Agency and the Governor ABERCROMBIE): on persons, on other animals not directly to immediately implement the safe and ef- H. Con. Res. 121. Concurrent resolution ex- susceptible to the virus but which could be fective cleanup of this fuel-oil spill in order pressing the sense of Congress that the passive carriers, and on inanimate objects; to protect the health and welfare of the af- United States Government should conduct a and we support a moratorium on all imports fected citizens of Hazleton, Pennsylvania; policy review of its relations with the Peo- of cloven-hoofed animals and products there- jointly to the Committees on Energy and ple’s Republic of China; to the Committee on of, for a period of three years or until im- Commerce and Transportation and Infra- International Relations. porters can prove that cloven-hoofed animals structure.

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\L01MY7.100 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1717 ADDITIONAL SPONSORS H.R. 602: Mr. ISRAEL. H.R. 1030: Mr. PRICE of North Carolina, Mr. H.R. 606: Mr. WYNN and Ms. KILPATRICK. LEWIS of Kentucky, Mr. SWEENEY, Mr. WAMP, Under clause 7 of rule XII, sponsors H.R. 612: Mr. ROSS, Mr. REHBERG, Mr. and Mr. SMITH of Michigan. were added to public bills and resolu- CLEMENT, and Mr. ROGERS of Michigan. H.R. 1043: Mr. RUSH. tions as follows: H.R. 632: Mr. SIMMONS, Mr. OLVER, Mr. H.R. 1073: Mr. LAMPSON, Ms. SANCHEZ, Mr. H.R. 10: Mr. TOM DAVIS of Virginia, Mr. REYES, and Mr. MOORE. SPENCE, Ms. MCCOLLUM, Mr. WATT of North VITTER, Mr. REYES, Mr. BROWN of South H.R. 653: Mr. BLAGOJEVICH. Carolina, Mr. GREEN of Texas, Mr. MOL- Carolina, Mr. MORAN of Virginia, and Mr. H.R. 665: Mr. ACKERMAN. LOHAN, Mr. BROWN of Ohio, Mr. EDWARDS, and BROWN of Ohio. H.R. 671: Mr. LANTOS, Mr. EVANS, Mr. NAD- Mrs. DAVIS of California. H.R. 12: Mr. TRAFICANT, Mr. HONDA, Mr. LER, Ms. SOLIS, and Ms. SCHAKOWSKY. H.R. 1076: Mr. WYNN. SMITH of Washington, Mr. RADANOVICH, and H.R. 686: Mrs. THURMAN, Ms. SANCHEZ, and H.R. 1079: Mr. FLETCHER. Mrs. MORELLA. Mr. JACKSON of Illinois. H.R. 1086: Mr. MCGOVERN. H.R. 13: Mr. FILNER. H.R. 693: Mr. PAYNE, Mr. ABERCROMBIE, and H.R. 1089: Ms. RIVERS. H.R. 17: Mr. CRAMER, Mr. JOHNSON of Illi- Mr. DAVIS of Illinois. H.R. 1090: Mrs. THURMAN, Mr. ABER- nois, and Mr. BISHOP. H.R. 701: Mr. EHRLICH. CROMBIE, Mr. CRAMER, Mr. SIMPSON, Mr. H.R. 28: Ms. PELOSI and Mr. LUTHER. H.R. 704: Mr. PAUL. SCHIFF, Mr. FROST, Mr. SHIMKUS, and Mr. H.R. 31: Mr. BROWN of South Carolina, Mrs. H.R. 718: Mr. RAMSTAD and Mr. GIBBONS. WAMP. CUBIN, and Mr. HASTINGS of Washington. H.R. 730: Mr. NEAL of Massachusetts and H.R. 1092: Mr. EHRLICH, Mr. HOLDEN, Mrs. H.R. 41: Mr. TANCREDO, Mr. FARR of Cali- Mr. HINCHEY. MINK of Hawaii, Mr. GORDON, and Mr. SAND- fornia, Mr. WAMP, Mr. CHAMBLISS, and Mr. H.R. 737: Mr. PASCRELL and Mr. NORWOOD. ERS. BERMAN. H.R. 742: Ms. WOOLSEY and Mr. STARK. H.R. 1097: Mr. PLATTS, Mr. INSLEE, Ms. RIV- H.R. 61: Mr. KENNEDY of Rhode Island. H.R. 755: Mrs. BIGGERT, Mr. LANTOS, Ms. ERS, Mr. PASCRELL, and Mr. SAWYER. H.R. 81: Mr. HEFLEY. BERKLEY, Mr. WYNN, and Mr. ISRAEL. H.R. 1100: Mr. DELAY. H.R. 87: Mr. MCGOVERN and Ms. LEE. H.R. 786: Mr. FILNER. H.R. 1109: Mr. MCKEON, MR. HASTINGS of H.R. 122: Mrs. BONO, Mr. MILLER of Florida, H.R. 804: Mr. JEFFERSON. Washington, Mr. HAYWORTH, Mr. BEREUTER, Mr. BRYANT, Mr. SAXTON, Mr. RAMSTAD, Mr. H.R. 817: Mr. BONIOR. and Mr. DELAY. LEWIS of Kentucky, Mrs. EMERSON, Mr. H.R. 824: Mr. LUCAS of Kentucky and Mr. H.R. 1119: Mr. BONIOR. GREEN of Wisconsin, Mr. HUTCHINSON, Mr. FOLEY. H.R. 1136: Mr. HINOJOSA, Mr. RUSH, Mr. LINDER, Mr. DEMINT, Mrs. WILSON, Mr. H.R. 826: Mr. LUCAS of Kentucky. WELLER, and Ms. WATERS. SPENCE, and Mr. GALLEGLY. H.R. 827: Mr. CRAMER. H.R. 1143: Mr. PAYNE, Ms. DELAURO, and H.R. 133: Mr. BERMAN. H.R. 829: Mr. JACKSON of Illinois. Mr. LAFALCE. H.R. 162: Mrs. DAVIS of California, Mr. H.R. 832: Mr. HEFLEY and Mr. MCHUGH. H.R. 1170: Mr. KILDEE. MICA, Mr. GONZALEZ, Mr. HONDA, Ms. H.R. 853: Ms. SANCHEZ. H.R. 1172: Mr. SCHIFF, Mr. WAXMAN, Mr. MILLINDER-MCDONALD, Mrs. THURMAN, and H.R. 854: Mr. FILNER, Mr. SCHROCK, Mr. SNYDER, Mr. PUTNAM, Mr. VITTER, Mr. Mr. COYNE. HALL of Texas, Mr. RUSH, Mr. BACA, Mr. HOEFFEL, Mr. PICKERING, Mr. ETHERIDGE, Mr. H.R. 168: Mr. ROHRABACHER. PRICE of North Carolina, Ms. ESHOO, Mr. ROGERS of Kentucky, Mr. PITTS, Mr. COL- H.R. 184: Ms. SANCHEZ. WAXMAN, Mr. DOOLEY of California, Mr. LINS, and Mr. HOLT. H.R. 218: Mr. SESSIONS, Mr. CHAMBLISS, Mr. FRANK, Mr. GREEN of Texas, Mrs. BONO, Mr. H.R. 1177: Mr. QUINN and Mr. ANDREWS. H.R. 1179: Mr. REHBERG. STUMP, Mr. CANTOR, Mr. RAMSTAD, and Mrs. MCINTYRE, Mr. MOORE, Mrs. TAUSCHER, Mr. H.R. 1182: Mr. FOLEY. THURMAN. FARR of California, Ms. PELOSI, and Mr. H.R. 1191: Mr. JEFFERSON and Mr. H.R. 239: Mr. BEREUTER and Mr. LANGEVIN. CRAMER. FALEOMAVAEGA. H.R. 268: Mr. BERMAN. H.R. 868: Mr. SPENCE, Mr. CALLAHAN, Mr. H.R. 1192: Mr. DELAHUNT, Mr. PASTOR, Ms. H.R. 280: Mr. WAMP and Mr. HILLEARY. GANSKE, Ms. WOOLSEY, Mr. TIERNEY, Mr. PELOSI, Mr. MORAN of Virginia, Ms. BERK- H.R. 281: Mr. JONES of North Carolina and DEFAZIO, Mr. HEFLEY, Ms. MCKINNEY, Mr. LEY,, Mr. MOAKLEY, and Mr. WATKINS. Mr. MCGOVERN. BOEHNER, Mr. JOHNSON of Illinois, Mr. H.R. 1198: Mr. QUINN, Mr. STUPAK, Mr. H.R. 303: Ms. WATER, Mr. QUINN, Mr. BENT- ADERHOLT, Ms. HOOLEY of Oregon, Mr. SKEL- STEARNS, Mr. HASTINGS of Washington, Mr. SEN, Mr. HOBSON, Mr. ADERHOLT, Mr. TIBERI, TON, Mr. CANTOR, Mr. MCINNIS, Mr. HUTCH- JONES of North Carolina, Ms. SANCHEZ, Mr. and Mr. WELDON of Pennsylvania. INSON, Ms. MCCARTHY of Missouri, Mr. BRY- VITTER, Ms. CARSON of Indiana, and Mrs. H.R. 326: Mr. TIERNEY. ANT, Mr. MORAN of Kansas, and Mrs. ROUKEMA. H.R. 331: Mr. CAMP, Mr. STENHOLM, and Mr. NORTHUP. H.R. 1201: Mr. BOUCHER and Mr. SIMMONS. RYUN of Kansas. ANGEVIN OOLSEY H.R. 875: Mr. L , Ms. W , Mr. H.R. 1220: Mr. SANDLIN, Mr. HEFLEY, and H.R. 337: Mr. GREEN of Wisconsin. BAIRD, and Mr. BERMAN. OUCHER Mr. TANCREDO. H.R. 340: Mr. B . H.R. 876: Mr. MOORE, Ms. DUNN, Mr. FROST, H.R. 345: Mr. WU. H.R. 1230: Mr. TOWNS and Mr. ALLEN. Mr. BECERRA, Mr. ABERCROMBIE, Mrs. CAPPS, H.R. 356: Mr. SCHROCK, Mr. HOSTETTLER, H.R. 1232: Mr. OBERSTAR, Mr. SHOWS, and Mr. EHLERS, Mrs. BONO, Mr. GREEN of Texas, and Mr. FALEOMAVAEGA. Ms. WOOLSEY. Mr. OLVER, Mr. SCOTT, Mr. PAUL, Mr. STRICK- H.R. 419: Mrs. MEEK of Florida. H.R. 1242: Ms. SOLIS, Mr. OWENS, and Mr. LAND, Mrs. JONES of Ohio, Mr. LARGENT, Ms. H.R. 429: Mr. FARR of California. BECERRA. RIVERS, Mr. RODRIGUEZ, Mr. CUMMINGS, and H.R. 436: Mr. CUNNINGHAM, Mr. GANSKE, Mr. H.R. 1252: Mr. EVANS, Mr. MCGOVERN, Mr. Ms. BALDWIN. GREEN of Wisconsin, Mr. LATOURETTE, Mr. BARCIA, and Mr. CLEMENT. H.R. 877: Mr. PLATTS, Mr. BLUNT, and Mr. BONIOR, Mr. MORAN of Kansas, Mr. JONES of H.R. 1266: Mr. HORN, Mr. LAMPSON, Mr. PUTNAM. North Carolina, Mr. COSTELLO, and Mr. TIAHRT, and Ms. WATERS. H.R. 899: Ms. SANCHEZ. MCINNIS. H.R. 1268: Mr. HERGER. H.R. 914: Mr. PAUL. H.R. 439: Mr. CRAMER. H.R. 1271: Mr. ARMEY and Mrs. JO ANN H.R. 921: Mr. HAYWORTH, Mr. RAMSTAD, Mr. H.R. 440: Mr. ALLEN, Ms. SANCHEZ, Mr. DAVIS of Virginia. FROST, Mr. LANTOS, Mr. TANCREDO, and Mr. FALEOMAVAEGA, Mr. GUTIERREZ, Mr. CON- H.R. 1275: Mr. BERMAN. BENTSEN. YERS, and Mr. NEAL of Massachusetts. H.R. 1276: Mr. MCGOVERN and Mr. BROWN of H.R. 945: Mr. FRANK. H.R. 441: Mr. CUNNINGHAM and Mrs. DAVIS Ohio. of California. H.R. 952: Mr. EVANS, Mr. LEVIN, and Ms. H.R. 1280: Mr. RAHALL, Ms. BROWN of Flor- SANCHEZ.. H.R. 456: Mr. GOODE and Mr. PENCE. ida, and Mrs. JONES of Ohio. H.R. 458: Mr. RYUN of Kansas. H.R. 954: Mr. LARSEN of Washington, Mr. H.R. 1289: Mr. LANGEVIN, Mr. GUTIERREZ, H.R. 476: Mr. WAMP. HASTINGS of Washington, Mr. MCGOVERN, Mr. Mr. PETERSON of Minnesota, Mr. GEORGE H.R. 500: Mr. GILMAN. FILNER, Ms. HOOLEY of Oregon, Mr. DEFAZIO, MILLER of California, Mr. HONDA, Ms. H.R. 506: Mr. JACKSON of Illinois. and Mr. KENNEDY of Rhode Island. MILLENDER-MCDONALD, Ms. MCCARTHY of H.R. 526: Mr. FARR of California, Mr. ACK- H.R. 972: Mr. BACA, Mr. RUSH, Mr. Missouri, Ms. NORTON, Ms. RIVERS, and Mr. ERMAN, Mrs. MALONEY of New York, Ms. RIV- BALDACCI, Mr. LANGEVIN, Mr. CLAY, Mr. HOLDEN. ERS, Mr. EDWARDS, Mr. COSTELLO, Ms. BROWN FROST, and Mr. KILDEE. H.R. 1291: Mr. CLEMENT. of Florida, Ms. BALDWIN, and Mr. LANGEVIN. H.R. 978: Mr. SHERMAN. H.R. 1305: Mr. ANDREWS, Mr. BISHOP, Mr. H.R. 527: Mr. CLEMENT and Mr. ADERHOLT. H.R. 995: Mr. CANNON. CALVERT, Mr. CAPUANO, Mr. COSTELLO, Mr. H.R. 544: Mr. BERMAN. H.R. 996: Mr. CANNON. DEAL of Georgia, Mrs. JO ANN DAVIS of Vir- H.R. 572: Ms. SANCHEZ and Mr. PASCRELL. H.R. 1001: Mr. FRANK, Mr. BOUCHER, and ginia, Ms. HART, Mr. HAYWORTH, Mr. H.R. 582: Mr. HOLT. Mr. TOWNS. HILLEARY, Mr. HOSTETTLER, Ms. ROS- H.R. 586: Mr. LANGEVIN, Mr. WAMP, Mr. H.R. 1011: Mr. LARSON of Connecticut, Mr. LEHTINEN, Mr. LAHOOD, Mr. LEWIS of Ken- WYNN, and Mrs. NORTHUP. KILDEE, Mr. GALLEGLY, Mrs. MORELLA, and tucky, Mr. MCHUGH, Mr. MOORE, Mr. OXLEY, H.R. 591: Mr. ABERCROMBIE. Mr. TANNER. Mr. PETRI, Ms. RIVERS, Mr. ROSS, Mr. ROYCE, H.R. 599: Mr. HONDA. H.R. 1013: Mr. SOUDER, Mr. CHAMBLISS, Mr. Mr. SHADEGG, Mr. TOWNS, and Mr. TURNER. H.R. 600: Mr. REHBERG, Mr. BLAGOJEVICH, NORWOOD, Mr. KINGSTON, Mr. COLLINS, Mr. H.R. 1306: Mr. CLEMENT. Mr. COYNE, Mr. BURR of North Carolina, and LINDER, and Ms. SANCHEZ. H.R. 1307: Mr. DOYLE, Mr. ALLEN, Mr. STU- Mrs. MORELLA. H.R. 1017: Mr. KELLER. PAK, Mr. COYNE, and Mr. MCHUGH.

VerDate 01-MAY-2001 04:34 May 02, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.047 pfrm01 PsN: H01PT1 H1718 CONGRESSIONAL RECORD — HOUSE May 1, 2001

H.R. 1318: Mr. ACKERMAN. H.R. 1610: Mr. MCINTYRE, Mr. JONES of TITLE II—EXPANDING COVERAGE H.R. 1340: Mr. MCNULTY and Ms. ESHOO. North Carolina, Mr. GOODE, Mr. BOUCHER, Sec. 201. Increase in benefit and contribu- H.R. 1351: Mr. DIAZ-BALART, Mr. COOKSEY, Mr. GORDON, Mr. WHITFIELD, Mr. JENKINS, tion limits. and Mr. GILLMOR. and Mr. LEWIS of Kentucky. Sec. 202. Plan loans for subchapter S owners, H.R. 1353: Mr. GUTKNECHT, Mr. POMEROY, H.R. 1620: Mr. FROST and Mr. BARCIA. partners, and sole proprietors. and Mrs. JONES of Ohio. H.J. Res. 36: Mr. CANTOR. Sec. 203. Modification of top-heavy rules. H.R. 1354: Mr. FALEOMAVAEGA, Ms. WOOL- H. Con. Res. 3: Mr. BONIOR, Mrs. CAPPS, and Sec. 204. Elective deferrals not taken into SEY, Mr. MCGOVERN, Mr. PAYNE, Ms. BALD- Ms. DEGETTE. account for purposes of deduc- H. Con. Res. 42: Mr. FILNER, Mr. WIN, and Mr. FRANK. tion limits. H.R. 1357: Mr. MCINNIS. ETHERIDGE, and Mr. COSTELLO. Sec. 205. Repeal of coordination require- H. Con. Res. 58: Mr. BROWN of Ohio. H.R. 1363: Mr. PASTOR, Mr. HOLDEN, and ments for deferred compensa- H. Con. Res. 67: Mr. TANCREDO. Mr. PETERSON of Minnesota. H. Con. Res. 68: Mr. HINCHEY, Mr. VIS- tion plans of State and local H.R. 1366: Mr. SCHIFF, Mr. ISSA, and Ms. CLOSKY, and Ms. ROS-LEHTINEN. governments and tax-exempt MILLENDER-MCDONALD. H. Con. Res. 91: Mr. LANGEVIN, Mr. BURTON organizations. H.R. 1367: Mr. CROWLEY. of Indiana, Mr. CLEMENT, and Mrs. MORELLA. Sec. 206. Elimination of user fee for requests H.R. 1369: Ms. SANCHEZ. H. Con. Res. 95: Mr. ISSA, Ms. SANCHEZ, Mr. to IRS regarding pension plans. H.R. 1377: Mr. FILNER, Mr. SCHAFFER, Mr. SIMMONS, Mr. RYUN of Kansas, Mrs. Sec. 207. Deduction limits. SIMMONS, Mrs. BONO, Mr. COMBEST, and Mr. NORTHUP, and Mr. VITTER. Sec. 208. Option to treat elective deferrals as GIBBONS. H. Con. Res. 97: Mr. LEWIS of California, after-tax contributions. H.R. 1383: Ms. MILLENDER-MCDONALD, Mr. Mr. FILNER, and Ms. SANCHEZ. Sec. 209. Availability of qualified plans to WAXMAN, Ms. CARSON of Indiana, Mrs. MINK H. Con. Res. 103: Mr. BLUMENAUER, Ms. self-employed individuals who of Hawaii, Mr. HILLIARD, Mr. SANDERS, Mr. SANCHEZ, Mr. TOWNS, Ms. SOLIS, and Mr. are exempt from the self-em- OBERSTAR, Mr. BLAGOJEVICH, Mr. TOWNS, Mr. FARR of California. ployment tax by reason of their BONIOR, Ms. MCCARTHY of Missouri, Ms. H. Con. Res. 106: Mr. LANGEVIN, Mr. LARSEN religious beliefs. MCCOLLUM, Ms. ESHOO, Mr. BALDACCI, Mr. of Washington, Ms. KAPTUR, Mr. KING, Mr. Sec. 210. Certain nonresident aliens excluded SKEEN, Mr. EHRLICH, Mr. POMEROY, Ms. SHAYS, Mr. UNDERWOOD, Mr. EVANS, Mr. in applying minimum coverage BALDWIN, Mr. MARKEY, Mr. FRANK, Mr. TURNER, Ms. JACKSON-LEE of Texas, Mr. requirements. CONDIT, Mrs. NAPOLITANO, Mr. FROST, Mr. CROWLEY, Mr. GRAVES, Mrs. MORELLA, Mr. TITLE III—ENHANCING FAIRNESS FOR PALLONE, Mrs. JONES of Ohio, Mr. CARSON of FROST, and Mr. SANDERS. WOMEN Oklahoma, and Mr. CONYERS. H. Con. Res. 109: Mr. GEKAS, Mr. ISAKSON, Sec. 301. Catch-up contributions for individ- H.R. 1388: Ms. RIVERS, Mr. FOLEY, Mr. Mr. GOODE, Mr. PASTOR, Mr. SIMMONS, Mr. uals age 50 or over. HINOJOSA, Mr. MORAN of Kansas, Mrs. EMER- JONES of North Carolina, Mr. LANGEVIN, and Sec. 302. Equitable treatment for contribu- SON, Mr. JOHNSON of Illinois, Mr. POMEROY, Mr. GILCHREST. tions of employees to defined H. Con. Res. 115: Mr. WAXMAN, Mr. MCGOV- Mrs. THURMAN, Mr. SIMMONS, Mr. GIBBONS, contribution plans. ERN, Mr. JACKSON of Illinois, and Ms. JACK- Mr. KOLBE, and Mr. PICKERING. Sec. 303. Faster vesting of certain employer SON-LEE of Texas. H.R. 1398: Mr. GREEN of Texas, Mr. OBEY, matching contributions. H. Con. Res. 116: Mr. FROST. Mr. HASTINGS of Florida, Mr. SHERMAN, and Sec. 304. Modifications to minimum dis- H. Res. 16: Mr. GOODE. Ms. DELAURO. tribution rules. H.R. 1401: Mr. TOWNS, Mr. SANDLIN, Mr. H. Res. 18: Mr. SABO. AMP Sec. 305. Clarification of tax treatment of DAVIS of Illinois, and Mr. HASTINGS of Flor- H. Res. 72: Mr. W . H. Res. 97: Ms. SCHAKOWSKY and Mr. WAX- division of section 457 plan ben- ida. MAN. efits upon divorce. H.R. 1405: Mr. RAMSTAD. H. Res. 112: Mr. OTTER, Mr. PUTNAM, and Sec. 306. Provisions relating to hardship dis- H.R. 1407: Mrs. KELLY. Mr. POMEROY. tributions. H.R. 1413: Mr. BARCIA. H. Res. 120: Mr. SIMMONS, Mr. WYNN, and Sec. 307. Waiver of tax on nondeductible H.R. 1433: Ms. MCKINNEY, Ms. PELOSI, Mr. Ms. CARSON of Indiana. contributions for domestic or FROST, Mr. FRANK, Mr. BAKER, and Mr. similar workers. CLEMENT. f TITLE IV—INCREASING PORTABILITY H.R. 1458: Mr. HINCHEY and Mr. GOODE. DELETIONS OF SPONSORS FROM FOR PARTICIPANTS H.R. 1470: Ms. WATERS and Mr. WAXMAN. PUBLIC BILLS AND RESOLUTIONS H.R. 1471: Mr. COYNE. Sec. 401. Rollovers allowed among various H.R. 1489: Mr. SERRANO, Ms. NORTON, and Under clause 7 of rule XII, sponsors types of plans. Mr. STARK. were deleted from public bills and reso- Sec. 402. Rollovers of IRAs into workplace H.R. 1490: Mr. ISAKSON. lutions as follows: retirement plans. H.R. 1494: Mr. ABERCROMBIE. Sec. 403. Rollovers of after-tax contribu- H.R. 1467: Mr. OTTER. H.R. 1511: Mr. PAUL, Mr. GOODE, Mr. tions. DEMINT, Mr. PITTS, Mr. AKIN, Mr. DOOLEY of f Sec. 404. Hardship exception to 60-day rule. California, Mrs. MYRICK, Ms. SANCHEZ, Mr. AMENDMENTS Sec. 405. Treatment of forms of distribution. MORAN of Virginia, and Mr. HALL of Texas. Sec. 406. Rationalization of restrictions on H.R. 1512: Ms. WATERS and Ms. VELAZQUEZ. Under clause 8 of rule XVIII, pro- distributions. H.R. 1520: Mr. PALLONE, Mr. WEXLER, Mr. posed amendments were submitted as Sec. 407. Purchase of service credit in gov- LANGEVIN, and Mr. CLEMENT. follows: ernmental defined benefit H.R. 1534: Mr. GILLMOR and Mr. ROGERS of H.R. 10 plans. Sec. 408. Employers may disregard rollovers Kentucky. OFFERED BY MR. THOMAS H.R. 1536: Mr. GREEN of Texas, Mr. ACKER- for purposes of cash-out (Amendment in the Nature of a Substitute) MAN, and Mrs. THURMAN. amounts. H.R. 1541: Mr. FRANK, Ms. CARSON of Indi- AMENDMENT NO. 1. Strike all after the en- Sec. 409. Minimum distribution and inclu- ana, Mr. WEXLER, and Mr. MASCARA. acting clause and insert the following: sion requirements for section H.R. 1553: Mr. HOEFFEL, Mr. DOOLEY of SECTION 1. SHORT TITLE; REFERENCES; TABLE 457 plans. OF CONTENTS. California, Mr. KOLBE, and Mr. ENGLISH. TITLE V—STRENGTHENING PENSION (a) SHORT TITLE.—This Act may be cited as H.R. 1556: Mr. CRAMER, Mrs. ROUKEMA, Mr. SECURITY AND ENFORCEMENT the ‘‘Comprehensive Retirement Security HILLIARD, Mr. JEFFERSON, and Mr. ROSS. Sec. 501. Repeal of percent of current liabil- and Pension Reform Act of 2001’’. H.R. 1581: Mr. TAYLOR of North Carolina ity funding limit. (b) AMENDMENT OF 1986 CODE.—Except as and Mr. JONES of North Carolina. otherwise expressly provided, whenever in Sec. 502. Maximum contribution deduction H.R. 1585: Ms. JACKSON-LEE of Texas, Mr. this Act an amendment or repeal is ex- rules modified and applied to RANGEL, Ms. MCKINNEY, Mrs. CHRISTENSEN, pressed in terms of an amendment to, or re- all defined benefit plans. Mr. TOWNS, Mr. CUMMINGS, Mr. CLAY, and Ms. Sec. 503. Excise tax relief for sound pension peal of, a section or other provision, the ref- KILPATRICK. funding. erence shall be considered to be made to a H.R. 1594: Mr. STARK, Ms. BALDWIN, Mr. Sec. 504. Excise tax on failure to provide no- section or other provision of the Internal CAPUANO, Mr. WYNN, Mr. HINCHEY, Ms. LEE, tice by defined benefit plans Revenue Code of 1986. Ms. MCKINNEY, Ms. CARSON of Indiana, Mr. significantly reducing future (c) TABLE OF CONTENTS.—The table of con- BLAGOJEVICH, Ms. HOOLEY of Oregon, Ms. tents of this Act is as follows: benefit accruals. PELOSI, and Mr. LAFALCE. Sec. 505. Treatment of multiemployer plans H.R. 1601: Mr. HERGER, Mrs. THURMAN, Mr. Sec. 1. Short title; references; table of con- under section 415. LEWIS of Kentucky, and Mr. CLEMENT. tents. Sec. 506. Protection of investment of em- H.R. 1609: Mr. SHERWOOD, Mr. ADERHOLT, TITLE I—INDIVIDUAL RETIREMENT ployee contributions to 401(k) Mr. HILLEARY, Mr. HUTCHINSON, Mr. BOS- ACCOUNT PROVISIONS plans. WELL, Mr. CALLAHAN, Mr. GRAHAM, and Mr. Sec. 101. Modification of IRA contribution Sec. 507. Periodic pension benefits state- PETERSON of Pennsylvania. limits. ments.

VerDate 01-MAY-2001 04:34 May 02, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0655 E:\CR\FM\A01MY7.055 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1719 Sec. 508. Prohibited allocations of stock in S ‘‘(I) such dollar amount, multiplied by of the time of the participant’s retirement, corporation ESOP. ‘‘(II) the cost-of-living adjustment deter- regulations prescribed by the Federal Avia- TITLE VI—REDUCING REGULATORY mined under section 1(f )(3) for the calendar tion Administration require an individual to BURDENS year in which the taxable year begins, deter- separate from service as a commercial air- mined by substituting ‘calendar year 2003’ line pilot after attaining any age occurring Sec. 601. Modification of timing of plan for ‘calendar year 1992’ in subparagraph (B) on or after age 60 and before age 62, para- valuations. thereof. graph (2)(C) shall be applied by substituting Sec. 602. ESOP dividends may be reinvested ‘‘(ii) ROUNDING RULES.—If any amount after such age for age 62. without loss of dividend deduc- adjustment under clause (i) is not a multiple ‘‘(B) INDIVIDUALS WHO SEPARATE FROM tion. of $500, such amount shall be rounded to the SERVICE BEFORE AGE 60.—If a participant de- Sec. 603. Repeal of transition rule relating next lower multiple of $500.’’. scribed in subparagraph (A) separates from to certain highly compensated (b) CONFORMING AMENDMENTS.— service before age 60, the rules of paragraph employees. (1) Section 408(a)(1) is amended by striking (2)(C) shall apply.’’. Sec. 604. Employees of tax-exempt entities. ‘‘in excess of $2,000 on behalf of any indi- (C) Section 415(b)(10)(C)(i) is amended by Sec. 605. Clarification of treatment of em- vidual’’ and inserting ‘‘on behalf of any indi- striking ‘‘applied without regard to para- ployer-provided retirement ad- vidual in excess of the amount in effect for graph (2)(F)’’. vice. such taxable year under section 219(b)(1)(A)’’. (b) DEFINED CONTRIBUTION PLANS.— Sec. 606. Reporting simplification. (2) Section 408(b)(2)(B) is amended by strik- (1) DOLLAR LIMIT.—Subparagraph (A) of Sec. 607. Improvement of employee plans ing ‘‘$2,000’’ and inserting ‘‘the dollar section 415(c)(1) (relating to limitation for compliance resolution system. amount in effect under section 219(b)(1)(A)’’. defined contribution plans) is amended by Sec. 608. Repeal of the multiple use test. (3) Section 408(b) is amended by striking striking ‘‘$30,000’’ and inserting ‘‘$40,000’’. Sec. 609. Flexibility in nondiscrimination, ‘‘$2,000’’ in the matter following paragraph (2) COST-OF-LIVING ADJUSTMENTS.—Sub- coverage, and line of business (4) and inserting ‘‘the dollar amount in effect section (d) of section 415 (related to cost-of- rules. under section 219(b)(1)(A)’’. living adjustments) is amended— Sec. 610. Extension to all governmental (4) Section 408( j) is amended by striking (A) by striking ‘‘$30,000’’ in paragraph plans of moratorium on appli- ‘‘$2,000’’. (1)(C) and inserting ‘‘$40,000’’; and cation of certain non- (5) Section 408(p)(8) is amended by striking (B) in paragraph (3)(D)— discrimination rules applicable ‘‘$2,000’’ and inserting ‘‘the dollar amount in (i) by striking ‘‘$30,000’’ in the heading and to State and local plans. effect under section 219(b)(1)(A)’’. inserting ‘‘$40,000’’; and Sec. 611. Notice and consent period regard- (c) EFFECTIVE DATE.—The amendments (ii) by striking ‘‘October 1, 1993’’ and in- ing distributions. made by this section shall apply to taxable serting ‘‘July 1, 2001’’. Sec. 612. Annual report dissemination. years beginning after December 31, 2001. (c) QUALIFIED TRUSTS.— Sec. 613. Technical corrections to SAVER (1) COMPENSATION LIMIT.—Sections Act. TITLE II—EXPANDING COVERAGE 401(a)(17), 404(l), 408(k), and 505(b)(7) are each TITLE VII—OTHER ERISA PROVISIONS SEC. 201. INCREASE IN BENEFIT AND CONTRIBU- TION LIMITS. amended by striking ‘‘$150,000’’ each place it Sec. 701. Missing participants. (a) DEFINED BENEFIT PLANS.— appears and inserting ‘‘$200,000’’. Sec. 702. Reduced PBGC premium for new (1) DOLLAR LIMIT.— (2) BASE PERIOD AND ROUNDING OF COST-OF- plans of small employers. (A) Subparagraph (A) of section 415(b)(1) LIVING ADJUSTMENT.—Subparagraph (B) of Sec. 703. Reduction of additional PBGC pre- (relating to limitation for defined benefit section 401(a)(17) is amended— mium for new and small plans. plans) is amended by striking ‘‘$90,000’’ and (A) by striking ‘‘October 1, 1993’’ and in- Sec. 704. Authorization for PBGC to pay in- inserting ‘‘$160,000’’. serting ‘‘July 1, 2001’’; and terest on premium overpay- (B) Subparagraphs (C) and (D) of section (B) by striking ‘‘$10,000’’ both places it ap- ment refunds. 415(b)(2) are each amended by striking pears and inserting ‘‘$5,000’’. Sec. 705. Substantial owner benefits in ter- ‘‘$90,000’’ each place it appears in the head- (d) ELECTIVE DEFERRALS.— minated plans. ings and the text and inserting ‘‘$160,000’’. (1) IN GENERAL.—Paragraph (1) of section Sec. 706. Civil penalties for breach of fidu- (C) Paragraph (7) of section 415(b) (relating 402(g) (relating to limitation on exclusion for ciary responsibility. to benefits under certain collectively bar- elective deferrals) is amended to read as fol- Sec. 707. Benefit suspension notice. gained plans) is amended by striking ‘‘the lows: Sec. 708. Studies. greater of $68,212 or one-half the amount oth- ‘‘(1) IN GENERAL.— TITLE VIII—PLAN AMENDMENTS erwise applicable for such year under para- ‘‘(A) LIMITATION.—Notwithstanding sub- sections (e)(3) and (h)(1)(B), the elective de- Sec. 801. Provisions relating to plan amend- graph (1)(A) for ‘$90,000’’’ and inserting ‘‘one- ferrals of any individual for any taxable year ments. half the amount otherwise applicable for such year under paragraph (1)(A) for shall be included in such individual’s gross TITLE I—INDIVIDUAL RETIREMENT ‘$160,000’’’. income to the extent the amount of such de- ACCOUNTS (2) LIMIT REDUCED WHEN BENEFIT BEGINS BE- ferrals for the taxable year exceeds the ap- SEC. 101. MODIFICATION OF IRA CONTRIBUTION FORE AGE 62.—Subparagraph (C) of section plicable dollar amount. LIMITS. 415(b)(2) is amended by striking ‘‘the social ‘‘(B) APPLICABLE DOLLAR AMOUNT.—For (a) INCREASE IN CONTRIBUTION LIMIT.— security retirement age’’ each place it ap- purposes of subparagraph (A), the applicable (1) IN GENERAL.—Paragraph (1)(A) of sec- pears in the heading and text and inserting dollar amount shall be the amount deter- tion 219(b) (relating to maximum amount of ‘‘age 62’’ and by striking the second sen- mined in accordance with the following deduction) is amended by striking ‘‘$2,000’’ tence. table: and inserting ‘‘the deductible amount’’. (3) LIMIT INCREASED WHEN BENEFIT BEGINS ‘‘For taxable years The applicable (2) DEDUCTIBLE AMOUNT.—Section 219(b) is AFTER AGE 65.—Subparagraph (D) of section beginning in dollar amount: amended by adding at the end the following 415(b)(2) is amended by striking ‘‘the social calendar year: new paragraph: security retirement age’’ each place it ap- 2002 ...... $11,000 ‘‘(5) DEDUCTIBLE AMOUNT.—For purposes of pears in the heading and text and inserting 2003 ...... $12,000 paragraph (1)(A)— ‘‘age 65’’. 2004 ...... $13,000 ‘‘(A) IN GENERAL.—The deductible amount (4) COST-OF-LIVING ADJUSTMENTS.—Sub- 2005 ...... $14,000 shall be determined in accordance with the section (d) of section 415 (related to cost-of- 2006 or thereafter ...... $15,000.’’. following table: living adjustments) is amended— (2) COST-OF-LIVING ADJUSTMENT.—Para- ‘‘For taxable years The deductible (A) by striking ‘‘$90,000’’ in paragraph graph (5) of section 402(g) is amended to read beginning in: amount is: (1)(A) and inserting ‘‘$160,000’’; and as follows: 2002 ...... $3,000 (B) in paragraph (3)(A)— ‘‘(5) COST-OF-LIVING ADJUSTMENT.—In the 2003 ...... $4,000 (i) by striking ‘‘$90,000’’ in the heading and case of taxable years beginning after Decem- 2004 and thereafter ...... $5,000. inserting ‘‘$160,000’’; and ber 31, 2006, the Secretary shall adjust the ‘‘(B) CATCH-UP CONTRIBUTIONS FOR INDIVID- (ii) by striking ‘‘October 1, 1986’’ and in- $15,000 amount under paragraph (1)(B) at the UALS 50 OR OLDER.—In the case of an indi- serting ‘‘July 1, 2001’’. same time and in the same manner as under vidual who has attained the age of 50 before (5) CONFORMING AMENDMENTS.— section 415(d), except that the base period the close of the taxable year, the deductible (A) Section 415(b)(2) is amended by striking shall be the calendar quarter beginning July amount for taxable years beginning in 2002 subparagraph (F). 1, 2005, and any increase under this para- or 2003 shall be $5,000. (B) Section 415(b)(9) is amended to read as graph which is not a multiple of $500 shall be ‘‘(C) COST-OF-LIVING ADJUSTMENT.— follows: rounded to the next lowest multiple of ‘‘(i) IN GENERAL.—In the case of any tax- ‘‘(9) SPECIAL RULE FOR COMMERCIAL AIRLINE $500.’’. able year beginning in a calendar year after PILOTS.— (3) CONFORMING AMENDMENTS.— 2004, the $5,000 amount under subparagraph ‘‘(A) IN GENERAL.—Except as provided in (A) Section 402(g) (relating to limitation (A) shall be increased by an amount equal subparagraph (B), in the case of any partici- on exclusion for elective deferrals), as to— pant who is a commercial airline pilot, if, as amended by paragraphs (1) and (2), is further

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.075 pfrm01 PsN: H01PT1 H1720 CONGRESSIONAL RECORD — HOUSE May 1, 2001 amended by striking paragraph (4) and redes- (B) Section 401(k)(11) is amended by strik- with respect to such employee under the ignating paragraphs (5), (6), (7), (8), and (9) as ing subparagraph (E). plan during the 1-year period ending on the paragraphs (4), (5), (6), (7), and (8), respec- (g) ROUNDING RULE RELATING TO DEFINED determination date. The preceding sentence tively. BENEFIT PLANS AND DEFINED CONTRIBUTION shall also apply to distributions under a ter- (B) Paragraph (2) of section 457(c) is PLANS.—Paragraph (4) of section 415(d) is minated plan which if it had not been termi- amended by striking ‘‘402(g)(8)(A)(iii)’’ and amended to read as follows: nated would have been required to be in- inserting ‘‘402(g)(7)(A)(iii)’’. ‘‘(4) ROUNDING.— cluded in an aggregation group. (C) Clause (iii) of section 501(c)(18)(D) is ‘‘(A) $160,000 AMOUNT.—Any increase under ‘‘(B) 5-YEAR PERIOD IN CASE OF IN-SERVICE amended by striking ‘‘(other than paragraph subparagraph (A) of paragraph (1) which is DISTRIBUTION.—In the case of any distribu- (4) thereof)’’. not a multiple of $5,000 shall be rounded to tion made for a reason other than separation (e) DEFERRED COMPENSATION PLANS OF the next lowest multiple of $5,000. from service, death, or disability, subpara- STATE AND LOCAL GOVERNMENTS AND TAX-EX- ‘‘(B) $40,000 AMOUNT.—Any increase under graph (A) shall be applied by substituting ‘5- EMPT ORGANIZATIONS.— subparagraph (C) of paragraph (1) which is year period’ for ‘1-year period’.’’. (1) IN GENERAL.—Section 457 (relating to not a multiple of $1,000 shall be rounded to (2) BENEFITS NOT TAKEN INTO ACCOUNT.— deferred compensation plans of State and the next lowest multiple of $1,000.’’. Subparagraph (E) of section 416(g)(4) is local governments and tax-exempt organiza- (h) EFFECTIVE DATE.—The amendments amended— tions) is amended— made by this section shall apply to years be- (A) by striking ‘‘LAST 5 YEARS’’ in the head- (A) in subsections (b)(2)(A) and (c)(1) by ginning after December 31, 2001. ing and inserting ‘‘LAST YEAR BEFORE DETER- striking ‘‘$7,500’’ each place it appears and SEC. 202. PLAN LOANS FOR SUBCHAPTER S OWN- MINATION DATE’’; and inserting ‘‘the applicable dollar amount’’; ERS, PARTNERS, AND SOLE PROPRI- (B) by striking ‘‘5-year period’’ and insert- and ETORS. ing ‘‘1-year period’’. (B) in subsection (b)(3)(A) by striking (a) AMENDMENT OF INTERNAL REVENUE (d) DEFINITION OF TOP-HEAVY PLANS.— ‘‘$15,000’’ and inserting ‘‘twice the dollar CODE.—Subparagraph (B) of section 4975(f)(6) Paragraph (4) of section 416(g) (relating to amount in effect under subsection (b)(2)(A)’’. (relating to exemptions not to apply to cer- other special rules for top-heavy plans) is (2) APPLICABLE DOLLAR AMOUNT; COST-OF- tain transactions) is amended by adding at amended by adding at the end the following LIVING ADJUSTMENT.—Paragraph (15) of sec- the end the following new clause: new subparagraph: tion 457(e) is amended to read as follows: ‘‘(iii) LOAN EXCEPTION.—For purposes of ‘‘(H) CASH OR DEFERRED ARRANGEMENTS ‘‘(15) APPLICABLE DOLLAR AMOUNT.— subparagraph (A)(i), the term ‘owner-em- USING ALTERNATIVE METHODS OF MEETING NON- ‘‘(A) IN GENERAL.—The applicable dollar ployee’ shall only include a person described DISCRIMINATION REQUIREMENTS.—The term amount shall be the amount determined in in subclause (II) or (III) of clause (i).’’. ‘top-heavy plan’ shall not include a plan accordance with the following table: (b) AMENDMENT OF ERISA.—Section which consists solely of— ‘‘For taxable years The applicable 408(d)(2) of the Employee Retirement Income ‘‘(i) a cash or deferred arrangement which beginning in dollar amount: Security Act of 1974 (29 U.S.C. 1108(d)(2)) is meets the requirements of section 401(k)(12), calendar year: amended by adding at the end the following and 2002 ...... $11,000 new subparagraph: ‘‘(ii) matching contributions with respect 2003 ...... $12,000 ‘‘(C) For purposes of paragraph (1)(A), the to which the requirements of section 2004 ...... $13,000 term ‘owner-employee’ shall only include a 401(m)(11) are met. 2005 ...... $14,000 person described in clause (ii) or (iii) of sub- If, but for this subparagraph, a plan would be 2006 or thereafter ...... $15,000. paragraph (A).’’. treated as a top-heavy plan because it is a ‘‘(B) COST-OF-LIVING ADJUSTMENTS.—In the (c) EFFECTIVE DATE.—The amendments member of an aggregation group which is a case of taxable years beginning after Decem- made by this section shall apply to years be- top-heavy group, contributions under the ber 31, 2006, the Secretary shall adjust the ginning after December 31, 2001. plan may be taken into account in deter- $15,000 amount under subparagraph (A) at the SEC. 203. MODIFICATION OF TOP-HEAVY RULES. mining whether any other plan in the group same time and in the same manner as under (a) SIMPLIFICATION OF DEFINITION OF KEY meets the requirements of subsection section 415(d), except that the base period EMPLOYEE.— (c)(2).’’. shall be the calendar quarter beginning July (1) IN GENERAL.—Section 416(i)(1)(A) (defin- (e) FROZEN PLAN EXEMPT FROM MINIMUM 1, 2005, and any increase under this para- ing key employee) is amended— BENEFIT REQUIREMENT.—Subparagraph (C) of graph which is not a multiple of $500 shall be (A) by striking ‘‘or any of the 4 preceding section 416(c)(1) (relating to defined benefit rounded to the next lowest multiple of plan years’’ in the matter preceding clause plans) is amended— $500.’’. (i); (A) by striking ‘‘clause (ii)’’ in clause (i) (f) SIMPLE RETIREMENT ACCOUNTS.— (B) by striking clause (i) and inserting the and inserting ‘‘clause (ii) or (iii)’’; and (1) LIMITATION.—Clause (ii) of section following: (B) by adding at the end the following: 408(p)(2)(A) (relating to general rule for ‘‘(i) an officer of the employer having an ‘‘(iii) EXCEPTION FOR FROZEN PLAN.—For qualified salary reduction arrangement) is annual compensation greater than $150,000,’’; purposes of determining an employee’s years amended by striking ‘‘$6,000’’ and inserting (C) by striking clause (ii) and redesig- of service with the employer, any service ‘‘the applicable dollar amount’’. nating clauses (iii) and (iv) as clauses (ii) and with the employer shall be disregarded to (2) APPLICABLE DOLLAR AMOUNT.—Subpara- (iii), respectively; and the extent that such service occurs during a graph (E) of 408(p)(2) is amended to read as (D) by striking the second sentence in the plan year when the plan benefits (within the follows: matter following clause (iii), as redesignated meaning of section 410(b)) no key employee ‘‘(E) APPLICABLE DOLLAR AMOUNT; COST-OF- by subparagraph (C). or former key employee.’’. LIVING ADJUSTMENT.— (2) CONFORMING AMENDMENT.—Section (f) ELIMINATION OF FAMILY ATTRIBUTION.— ‘‘(i) IN GENERAL.—For purposes of subpara- 416(i)(1)(B)(iii) is amended by striking ‘‘and Section 416(i)(1)(B) (defining 5-percent graph (A)(ii), the applicable dollar amount subparagraph (A)(ii)’’. owner) is amended by adding at the end the shall be the amount determined in accord- (b) MATCHING CONTRIBUTIONS TAKEN INTO following new clause: ance with the following table: ACCOUNT FOR MINIMUM CONTRIBUTION RE- ‘‘(iv) FAMILY ATTRIBUTION DISREGARDED.— ‘‘For taxable years The applicable QUIREMENTS.—Section 416(c)(2)(A) (relating Solely for purposes of applying this para- beginning in dollar amount: to defined contribution plans) is amended by graph (and not for purposes of any provision calendar year: of this title which incorporates by reference 2002 ...... $7,000 adding at the end the following: ‘‘Employer matching contributions (as defined in sec- the definition of a key employee or 5-percent 2003 ...... $8,000 owner under this paragraph), section 318 2004 ...... $9,000 tion 401(m)(4)(A)) shall be taken into account shall be applied without regard to subsection 2005 or thereafter ...... $10,000. for purposes of this subparagraph.’’. (a)(1) thereof in determining whether any ‘‘(ii) COST-OF-LIVING ADJUSTMENT.—In the (c) DISTRIBUTIONS DURING LAST YEAR BE- person is a 5-percent owner.’’. case of a year beginning after December 31, FORE DETERMINATION DATE TAKEN INTO AC- (g) EFFECTIVE DATE.—The amendments 2005, the Secretary shall adjust the $10,000 COUNT.— (1) IN GENERAL.—Paragraph (3) of section made by this section shall apply to years be- amount under clause (i) at the same time ginning after December 31, 2001. and in the same manner as under section 416(g) is amended to read as follows: ‘‘(3) DISTRIBUTIONS DURING LAST YEAR BE- SEC. 204. ELECTIVE DEFERRALS NOT TAKEN 415(d), except that the base period taken into INTO ACCOUNT FOR PURPOSES OF FORE DETERMINATION DATE TAKEN INTO AC- account shall be the calendar quarter begin- DEDUCTION LIMITS. COUNT.— ning July 1, 2004, and any increase under this (a) IN GENERAL.—Section 404 (relating to subparagraph which is not a multiple of $500 ‘‘(A) IN GENERAL.—For purposes of deter- deduction for contributions of an employer shall be rounded to the next lower multiple mining— to an employees’ trust or annuity plan and of $500.’’. ‘‘(i) the present value of the cumulative ac- compensation under a deferred payment (3) CONFORMING AMENDMENTS.— crued benefit for any employee, or plan) is amended by adding at the end the (A) Subclause (I) of section 401(k)(11)(B)(i) ‘‘(ii) the amount of the account of any em- following new subsection: is amended by striking ‘‘$6,000’’ and inserting ployee, ‘‘(n) ELECTIVE DEFERRALS NOT TAKEN INTO ‘‘the amount in effect under section such present value or amount shall be in- ACCOUNT FOR PURPOSES OF DEDUCTION LIM- 408(p)(2)(A)(ii)’’. creased by the aggregate distributions made ITS.—Elective deferrals (as defined in section

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402(g)(3)) shall not be subject to any limita- ‘‘(12) DEFINITION OF COMPENSATION.—For ignated plus account which is otherwise al- tion contained in paragraph (3), (7), or (9) of purposes of paragraphs (3), (7), (8), and (9), lowable under this chapter may be made subsection (a), and such elective deferrals the term ‘compensation otherwise paid or ac- only if the contribution is to— shall not be taken into account in applying crued during the taxable year’ shall include ‘‘(i) another designated plus account of the any such limitation to any other contribu- amounts treated as ‘participant’s compensa- individual from whose account the payment tions.’’. tion’ under subparagraph (C) or (D) of sec- or distribution was made, or (b) EFFECTIVE DATE.—The amendment tion 415(c)(3).’’. ‘‘(ii) a Roth IRA of such individual. made by this section shall apply to years be- (2) CONFORMING AMENDMENTS.— ‘‘(B) COORDINATION WITH LIMIT.—Any roll- ginning after December 31, 2001. (A) Subparagraph (B) of section 404(a)(3) is over contribution to a designated plus ac- SEC. 205. REPEAL OF COORDINATION REQUIRE- amended by striking the last sentence. count under subparagraph (A) shall not be MENTS FOR DEFERRED COMPENSA- (B) Clause (i) of section 4972(c)(6)(B) is taken into account for purposes of paragraph TION PLANS OF STATE AND LOCAL amended by striking ‘‘(within the meaning of (1). GOVERNMENTS AND TAX-EXEMPT ‘‘(d) DISTRIBUTION RULES.—For purposes of ORGANIZATIONS. section 404(a))’’ and inserting ‘‘(within the meaning of section 404(a) and as adjusted this title— (a) IN GENERAL.—Subsection (c) of section ‘‘(1) EXCLUSION.—Any qualified distribu- 457 (relating to deferred compensation plans under section 404(a)(12))’’. (c) EFFECTIVE DATE.—The amendments tion from a designated plus account shall not of State and local governments and tax-ex- made by this section shall apply to years be- be includible in gross income. empt organizations), as amended by section ginning after December 31, 2001. ‘‘(2) QUALIFIED DISTRIBUTION.—For purposes 201, is amended to read as follows: ‘‘(c) LIMITATION.—The maximum amount of SEC. 208. OPTION TO TREAT ELECTIVE DEFER- of this subsection— the compensation of any one individual RALS AS AFTER-TAX CONTRIBU- ‘‘(A) IN GENERAL.—The term ‘qualified dis- TIONS. which may be deferred under subsection (a) tribution’ has the meaning given such term (a) IN GENERAL.—Subpart A of part I of during any taxable year shall not exceed the by section 408A(d)(2)(A) (without regard to subchapter D of chapter 1 (relating to de- amount in effect under subsection (b)(2)(A) clause (iv) thereof). ferred compensation, etc.) is amended by in- (as modified by any adjustment provided ‘‘(B) DISTRIBUTIONS WITHIN NONEXCLUSION serting after section 402 the following new under subsection (b)(3)).’’. PERIOD.—A payment or distribution from a section: (b) EFFECTIVE DATE.—The amendment designated plus account shall not be treated made by subsection (a) shall apply to years ‘‘SEC. 402A. OPTIONAL TREATMENT OF ELECTIVE as a qualified distribution if such payment or beginning after December 31, 2001. DEFERRALS AS PLUS CONTRIBU- distribution is made within the 5-taxable- TIONS. SEC. 206. ELIMINATION OF USER FEE FOR RE- year period beginning with the earlier of— ‘‘(a) GENERAL RULE.—If an applicable re- ‘‘(i) the first taxable year for which the in- QUESTS TO IRS REGARDING PEN- tirement plan includes a qualified plus con- SION PLANS. dividual made a designated plus contribution tribution program— (a) ELIMINATION OF CERTAIN USER FEES.— to any designated plus account established ‘‘(1) any designated plus contribution made The Secretary of the Treasury or the Sec- for such individual under the same applica- by an employee pursuant to the program retary’s delegate shall not require payment ble retirement plan, or shall be treated as an elective deferral for of user fees under the program established ‘‘(ii) if a rollover contribution was made to purposes of this chapter, except that such under section 10511 of the Revenue Act of such designated plus account from a des- contribution shall not be excludable from 1987 for requests to the Internal Revenue ignated plus account previously established gross income, and Service for determination letters with re- for such individual under another applicable ‘‘(2) such plan (and any arrangement which spect to the qualified status of a pension retirement plan, the first taxable year for benefit plan maintained solely by one or is part of such plan) shall not be treated as failing to meet any requirement of this chap- which the individual made a designated plus more eligible employers or any trust which contribution to such previously established is part of the plan. The preceding sentence ter solely by reason of including such pro- gram. account. shall not apply to any request— ‘‘(C) DISTRIBUTIONS OF EXCESS DEFERRALS (1) made after the later of— ‘‘(b) QUALIFIED PLUS CONTRIBUTION PRO- GRAM.—For purposes of this section— AND CONTRIBUTIONS AND EARNINGS THEREON.— (A) the fifth plan year the pension benefit The term ‘qualified distribution’ shall not plan is in existence; or ‘‘(1) IN GENERAL.—The term ‘qualified plus contribution program’ means a program include any distribution of an excess deferral (B) the end of any remedial amendment pe- under section 402(g)(2) or any excess con- riod with respect to the plan beginning with- under which an employee may elect to make designated plus contributions in lieu of all or tribution under section 401(k)(8), and any in- in the first 5 plan years; or come on the excess deferral or contribution. (2) made by the sponsor of any prototype a portion of elective deferrals the employee is otherwise eligible to make under the ap- ‘‘(3) TREATMENT OF DISTRIBUTIONS OF CER- or similar plan which the sponsor intends to plicable retirement plan. TAIN EXCESS DEFERRALS.—Notwithstanding market to participating employers. EPARATE ACCOUNTING REQUIRED section 72, if any excess deferral under sec- (b) PENSION BENEFIT PLAN.—For purposes ‘‘(2) S .—A tion 402(g)(2) attributable to a designated of this section, the term ‘‘pension benefit program shall not be treated as a qualified plus contribution is not distributed on or be- plan’’ means a pension, profit-sharing, stock plus contribution program unless the appli- fore the 1st April 15 following the close of bonus, annuity, or employee stock ownership cable retirement plan— the taxable year in which such excess defer- plan. ‘‘(A) establishes separate accounts (‘des- (c) ELIGIBLE EMPLOYER.—For purposes of ignated plus accounts’) for the designated ral is made, the amount of such excess defer- this section, the term ‘‘eligible employer’’ plus contributions of each employee and any ral shall— has the same meaning given such term in earnings properly allocable to the contribu- ‘‘(A) not be treated as investment in the section 408(p)(2)(C)(i)(I) of the Internal Rev- tions, and contract, and enue Code of 1986. The determination of ‘‘(B) maintains separate recordkeeping ‘‘(B) be included in gross income for the whether an employer is an eligible employer with respect to each account. taxable year in which such excess is distrib- under this section shall be made as of the ‘‘(c) DEFINITIONS AND RULES RELATING TO uted. date of the request described in subsection DESIGNATED PLUS CONTRIBUTIONS.—For pur- ‘‘(4) AGGREGATION RULES.—Section 72 shall (a). poses of this section— be applied separately with respect to dis- (d) DETERMINATION OF AVERAGE FEES ‘‘(1) DESIGNATED PLUS CONTRIBUTION.—The tributions and payments from a designated CHARGED.—For purposes of any determina- term ‘designated plus contribution’ means plus account and other distributions and tion of average fees charged, any request to any elective deferral which— payments from the plan. which subsection (a) applies shall not be ‘‘(A) is excludable from gross income of an ‘‘(e) OTHER DEFINITIONS.—For purposes of taken into account. employee without regard to this section, and this section— (e) EFFECTIVE DATE.—The provisions of ‘‘(B) the employee designates (at such time ‘‘(1) APPLICABLE RETIREMENT PLAN.—The this section shall apply with respect to re- and in such manner as the Secretary may term ‘applicable retirement plan’ means— quests made after December 31, 2001. prescribe) as not being so excludable. ‘‘(A) an employees’ trust described in sec- SEC. 207. DEDUCTION LIMITS. ‘‘(2) DESIGNATION LIMITS.—The amount of tion 401(a) which is exempt from tax under (a) STOCK BONUS AND PROFIT SHARING elective deferrals which an employee may section 501(a), and TRUSTS.— designate under paragraph (1) shall not ex- ‘‘(B) a plan under which amounts are con- (1) IN GENERAL.—Subclause (I) of section ceed the excess (if any) of— tributed by an individual’s employer for an 404(a)(3)(A)(i) (relating to stock bonus and ‘‘(A) the maximum amount of elective de- annuity contract described in section 403(b). profit sharing trusts) is amended by striking ferrals excludable from gross income of the ‘‘(2) ELECTIVE DEFERRAL.—The term ‘elec- ‘‘15 percent’’ and inserting ‘‘20 percent’’. employee for the taxable year (without re- tive deferral’ means any elective deferral de- (2) CONFORMING AMENDMENT.—Subpara- gard to this section), over scribed in subparagraph (A) or (C) of section graph (C) of section 404(h)(1) is amended by ‘‘(B) the aggregate amount of elective de- 402(g)(3).’’. striking ‘‘15 percent’’ each place it appears ferrals of the employee for the taxable year (b) EXCESS DEFERRALS.—Section 402(g) (re- and inserting ‘‘20 percent’’. which the employee does not designate under lating to limitation on exclusion for elective (b) COMPENSATION.— paragraph (1). deferrals) is amended— (1) IN GENERAL.—Section 404(a) (relating to ‘‘(3) ROLLOVER CONTRIBUTIONS.— (1) by adding at the end of paragraph (1)(A) general rule) is amended by adding at the ‘‘(A) IN GENERAL.—A rollover contribution (as added by section 201(d)(1)) the following end the following: of any payment or distribution from a des- new sentence: ‘‘The preceding sentence shall

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not apply to so much of such excess as does TITLE III—ENHANCING FAIRNESS FOR ‘‘(C) EXCEPTION FOR SECTION 457 PLANS.— not exceed the designated plus contributions WOMEN This subsection shall not apply to an appli- of the individual for the taxable year.’’; and SEC. 301. CATCH-UP CONTRIBUTIONS FOR INDI- cable employer plan described in subpara- (2) by inserting ‘‘(or would be included but VIDUALS AGE 50 OR OVER. graph (A)(iii) for any year to which section for the last sentence thereof)’’ after ‘‘para- (a) IN GENERAL.—Section 414 (relating to 457(b)(3) applies. graph (1)’’ in paragraph (2)(A). definitions and special rules) is amended by ‘‘(D) COST-OF-LIVING ADJUSTMENT.—In the (c) ROLLOVERS.—Subparagraph (B) of sec- adding at the end the following new sub- case of a year beginning after December 31, tion 402(c)(8) is amended by adding at the end section: 2006, the Secretary shall adjust annually the the following: ‘‘(v) CATCH-UP CONTRIBUTIONS FOR INDIVID- $5,000 amount in paragraph (2)(A) for in- ‘‘If any portion of an eligible rollover dis- UALS AGE 50 OR OVER.— creases in the cost-of-living at the same time and in the same manner as adjustments tribution is attributable to payments or dis- ‘‘(1) IN GENERAL.—An applicable employer tributions from a designated plus account (as plan shall not be treated as failing to meet under section 415(d); except that the base pe- defined in section 402A), an eligible retire- any requirement of this title solely because riod taken into account shall be the calendar ment plan with respect to such portion shall the plan permits an eligible participant to quarter beginning July 1, 2005, and any in- include only another designated plus account make additional elective deferrals in any crease under this subparagraph which is not and a Roth IRA.’’. plan year. a multiple of $500 shall be rounded to the next lower multiple of $500.’’. (d) REPORTING REQUIREMENTS.— ‘‘(2) LIMITATION ON AMOUNT OF ADDITIONAL (1) W–2 INFORMATION.—Section 6051(a)(8) is (b) EFFECTIVE DATE.—The amendment DEFERRALS.—A plan shall not permit addi- made by this section shall apply to contribu- amended by inserting ‘‘, including the tional elective deferrals under paragraph (1) amount of designated plus contributions (as tions in taxable years beginning after De- for any year in an amount greater than the cember 31, 2001. defined in section 402A)’’ before the comma lesser of— at the end. SEC. 302. EQUITABLE TREATMENT FOR CON- ‘‘(A) $5,000, or TRIBUTIONS OF EMPLOYEES TO DE- NFORMATION (2) I .—Section 6047 is amended ‘‘(B) the excess (if any) of— FINED CONTRIBUTION PLANS. by redesignating subsection (f) as subsection ‘‘(i) the participant’s compensation for the (a) EQUITABLE TREATMENT.— (g) and by inserting after subsection (e) the year, over (1) IN GENERAL.—Subparagraph (B) of sec- following new subsection: ‘‘(ii) any other elective deferrals of the tion 415(c)(1) (relating to limitation for de- ESIGNATED PLUS CONTRIBUTIONS.—The ‘‘(f) D participant for such year which are made fined contribution plans) is amended by Secretary shall require the plan adminis- without regard to this subsection. striking ‘‘25 percent’’ and inserting ‘‘100 per- trator of each applicable retirement plan (as ‘‘(3) TREATMENT OF CONTRIBUTIONS.—In the cent’’. defined in section 402A) to make such re- case of any contribution to a plan under (2) APPLICATION TO SECTION 403(b).—Section turns and reports regarding designated plus paragraph (1), such contribution shall not, 403(b) is amended— contributions (as so defined) to the Sec- with respect to the year in which the con- (A) by striking ‘‘the exclusion allowance retary, participants and beneficiaries of the tribution is made— for such taxable year’’ in paragraph (1) and plan, and such other persons as the Sec- ‘‘(A) be subject to any otherwise applicable inserting ‘‘the applicable limit under section retary may prescribe.’’. limitation contained in section 402(g), 415’’; (e) CONFORMING AMENDMENTS.— 402(h)(2), 404(a), 404(h), 408(p)(2)(A)(ii), 415, or (B) by striking paragraph (2); and (1) Section 408A(e) is amended by adding 457, or (C) by inserting ‘‘or any amount received after the first sentence the following new ‘‘(B) be taken into account in applying by a former employee after the fifth taxable sentence: ‘‘Such term includes a rollover such limitations to other contributions or year following the taxable year in which contribution described in section benefits under such plan or any other such such employee was terminated’’ before the 402A(c)(3)(A).’’. plan. period at the end of the second sentence of (2) The table of sections for subpart A of ‘‘(4) APPLICATION OF NONDISCRIMINATION paragraph (3). part I of subchapter D of chapter 1 is amend- RULES.— (3) CONFORMING AMENDMENTS.— ed by inserting after the item relating to ‘‘(A) IN GENERAL.—An applicable employer (A) Subsection (f) of section 72 is amended section 402 the following new item: plan shall not be treated as failing to meet by striking ‘‘section 403(b)(2)(D)(iii))’’ and in- ‘‘Sec. 402A. Optional treatment of elective the nondiscrimination requirements under serting ‘‘section 403(b)(2)(D)(iii), as in effect deferrals as plus contribu- section 401(a)(4) with respect to benefits, before the enactment of the Comprehensive tions.’’. rights, and features if the plan allows all eli- Retirement Security and Pension Reform (f) EFFECTIVE DATE.—The amendments gible participants to make the same election Act of 2001)’’. made by this section shall apply to taxable with respect to the additional elective defer- (B) Section 404(a)(10)(B) is amended by years beginning after December 31, 2001. rals under this subsection. striking ‘‘, the exclusion allowance under SEC. 209. AVAILABILITY OF QUALIFIED PLANS TO ‘‘(B) AGGREGATION.—For purposes of sub- section 403(b)(2),’’. SELF-EMPLOYED INDIVIDUALS WHO paragraph (A), all plans maintained by em- (C) Section 404(j) is amended by adding at ARE EXEMPT FROM THE SELF-EM- ployers who are treated as a single employer the end the following new paragraph: PLOYMENT TAX BY REASON OF under subsection (b), (c), (m), or (o) of sec- ‘‘(3) SPECIAL RULE FOR MONEY PURCHASE THEIR RELIGIOUS BELIEFS. tion 414 shall be treated as 1 plan. PLANS.—For purposes of paragraph (1)(B), in (a) IN GENERAL.—Subparagraph (A) of sec- ‘‘(5) ELIGIBLE PARTICIPANT.—For purposes the case of a defined contribution plan which tion 401(c)(2) (defining earned income) is of this subsection, the term ‘eligible partici- is subject to the funding standards of section amended by adding at the end thereof the pant’ means, with respect to any plan year, 412, section 415(c)(1)(B) shall be applied by following new sentence: ‘‘For purposes of a participant in a plan— substituting ‘25 percent’ for ‘100 percent’.’’. this part only (other than sections 419 and ‘‘(A) who has attained the age of 50 before (D) Section 415(a)(2) is amended by striking 419A), this subparagraph shall be applied as the close of the plan year, and ‘‘, and the amount of the contribution for if the term ‘trade or business’ for purposes of ‘‘(B) with respect to whom no other elec- such portion shall reduce the exclusion al- section 1402 included service described in sec- tive deferrals may (without regard to this lowance as provided in section 403(b)(2)’’. tion 1402(c)(6).’’. subsection) be made to the plan for the plan (E) Section 415(c)(3) is amended by adding (b) SIMPLE RETIREMENT ACCOUNTS.—Clause year by reason of the application of any limi- at the end the following new subparagraph: (ii) of section 408(p)(6)(A) (defining self-em- tation or other restriction described in para- ‘‘(E) ANNUITY CONTRACTS.—In the case of ployed) is amended by adding at the end the an annuity contract described in section following new sentence: ‘‘The preceding sen- graph (3) or comparable limitation contained tence shall be applied as if the term ‘trade or in the terms of the plan. 403(b), the term ‘participant’s compensation’ business’ for purposes of section 1402 in- ‘‘(6) OTHER DEFINITIONS AND RULES.—For means the participant’s includible com- cluded service described in section purposes of this subsection— pensation determined under section 1402(c)(6).’’. ‘‘(A) APPLICABLE EMPLOYER PLAN.—The 403(b)(3).’’. (c) EFFECTIVE DATE.—The amendments term ‘applicable employer plan’ means— (F) Section 415(c) is amended by striking made by this section shall apply to taxable ‘‘(i) an employees’ trust described in sec- paragraph (4). years beginning after December 31, 2001. tion 401(a) which is exempt from tax under (G) Section 415(c)(7) is amended to read as SEC. 210. CERTAIN NONRESIDENT ALIENS EX- section 501(a), follows: CLUDED IN APPLYING MINIMUM ‘‘(ii) a plan under which amounts are con- ‘‘(7) CERTAIN CONTRIBUTIONS BY CHURCH COVERAGE REQUIREMENTS. tributed by an individual’s employer for an PLANS NOT TREATED AS EXCEEDING LIMIT.— (a) IN GENERAL.—Subparagraph (C) of sec- annuity contract described in section 403(b), ‘‘(A) IN GENERAL.—Notwithstanding any tion 410(b)(3) (relating to exclusion of certain ‘‘(iii) an eligible deferred compensation other provision of this subsection, at the employees) is amended by inserting ‘‘, deter- plan under section 457 of an eligible em- election of a participant who is an employee mined without regard to the reference to ployer as defined in section 457(e)(1)(A), and of a church or a convention or association of subchapter D in the last sentence thereof’’ ‘‘(iv) an arrangement meeting the require- churches, including an organization de- after ‘‘section 861(a)(3)’’. ments of section 408 (k) or (p). scribed in section 414(e)(3)(B)(ii), contribu- (b) EFFECTIVE DATE.—The amendment ‘‘(B) ELECTIVE DEFERRAL.—The term ‘elec- tions and other additions for an annuity con- made by subsection (a) shall apply to plan tive deferral’ has the meaning given such tract or retirement income account de- years beginning after December 31, 2001. term by subsection (u)(2)(C). scribed in section 403(b) with respect to such

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.075 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1723 participant, when expressed as an annual ad- sion allowance. For taxable years beginning (B) January 1, 2006. dition to such participant’s account, shall be after December 31, 1999, such regulations (3) SERVICE REQUIRED.—With respect to any treated as not exceeding the limitation of shall be applied as if such requirement were plan, the amendments made by this section paragraph (1) if such annual addition is not void. shall not apply to any employee before the in excess of $10,000. (c) DEFERRED COMPENSATION PLANS OF date that such employee has 1 hour of serv- ‘‘(B) $40,000 AGGREGATE LIMITATION.—The STATE AND LOCAL GOVERNMENTS AND TAX-EX- ice under such plan in any plan year to total amount of additions with respect to EMPT ORGANIZATIONS.— which the amendments made by this section any participant which may be taken into ac- (1) IN GENERAL.—Subparagraph (B) of sec- apply. count for purposes of this subparagraph for tion 457(b)(2) (relating to salary limitation SEC. 304. MODIFICATIONS TO MINIMUM DIS- all years may not exceed $40,000. on eligible deferred compensation plans) is TRIBUTION RULES. 1 ‘‘(C) ANNUAL ADDITION.—For purposes of amended by striking ‘‘33 ⁄3 percent’’ and in- (a) LIFE EXPECTANCY TABLES.—The Sec- this paragraph, the term ‘annual addition’ serting ‘‘100 percent’’. retary of the Treasury shall modify the life has the meaning given such term by para- (2) EFFECTIVE DATE.—The amendment expectancy tables under the regulations re- graph (2).’’. made by this subsection shall apply to years lating to minimum distribution require- (H) Subparagraph (B) of section 402(g)(7) beginning after December 31, 2001. ments under sections 401(a)(9), 408(a)(6) and (as redesignated by section 201) is amended SEC. 303. FASTER VESTING OF CERTAIN EM- (b)(3), 403(b)(10), and 457(d)(2) of the Internal by inserting before the period at the end the PLOYER MATCHING CONTRIBU- Revenue Code to reflect current life expect- following: ‘‘(as in effect before the enact- TIONS. ancy. ment of the Comprehensive Retirement Se- (a) AMENDMENT OF INTERNAL REVENUE (b) REPEAL OF RULE WHERE DISTRIBUTIONS curity and Pension Reform Act of 2001)’’. CODE.—Section 411(a) (relating to minimum HAD BEGUN BEFORE DEATH OCCURS.— (I) Section 664(g) is amended— vesting standards) is amended— (1) IN GENERAL.—Subparagraph (B) of sec- (i) in paragraph (3)(E) by striking ‘‘limita- (1) in paragraph (2) in the matter preceding tion 401(a)(9) is amended by striking clause tions under section 415(c)’’ and inserting ‘‘ap- subparagraph (A), by striking ‘‘A plan’’ and (i) and redesignating clauses (ii), (iii), and plicable limitation under paragraph (7)’’, and inserting ‘‘Except as provided in paragraph (iv) as clauses (i), (ii), and (iii), respectively. (ii) by adding at the end the following new (12), a plan’’; and (2) CONFORMING CHANGES.— paragraph: (2) by adding at the end the following: (A) Clause (i) of section 401(a)(9)(B) (as so ‘‘(7) APPLICABLE LIMITATION.— ‘‘(12) FASTER VESTING FOR MATCHING CON- redesignated) is amended— ‘‘(A) IN GENERAL.—For purposes of para- TRIBUTIONS.—In the case of matching con- (i) by striking ‘‘FOR OTHER CASES’’ in the graph (3)(E), the applicable limitation under tributions (as defined in section heading; and this paragraph with respect to a participant 401(m)(4)(A)), paragraph (2) shall be applied— (ii) by striking ‘‘the distribution of the em- is an amount equal to the lesser of— ‘‘(A) by substituting ‘3 years’ for ‘5 years’ ‘‘(i) $30,000, or ployee’s interest has begun in accordance in subparagraph (A), and with subparagraph (A)(ii)’’ and inserting ‘‘his ‘‘(ii) 25 percent of the participant’s com- ‘‘(B) by substituting the following table for pensation (as defined in section 415(c)(3)). entire interest has been distributed to him’’. the table contained in subparagraph (B): (B) Clause (ii) of section 401(a)(9)(B) (as so ‘‘(B) COST-OF-LIVING ADJUSTMENT.—The Secretary shall adjust annually the $30,000 The nonforfeitable redesignated) is amended by striking ‘‘clause amount under subparagraph (A)(i) at the ‘‘Years of service: percentage is: (ii)’’ and inserting ‘‘clause (i)’’. same time and in the same manner as under 2 ...... 20 (C) Clause (iii) of section 401(a)(9)(B) (as so section 415(d), except that the base period 3 ...... 40 redesignated) is amended— shall be the calendar quarter beginning Octo- 4 ...... 60 (i) by striking ‘‘clause (iii)(I)’’ and insert- ber 1, 1993, and any increase under this sub- 5 ...... 80 ing ‘‘clause (ii)(I)’’; paragraph which is not a multiple of $5,000 6 ...... 100.’’. (ii) by striking ‘‘clause (iii)(III)’’ in sub- shall be rounded to the next lowest multiple (b) AMENDMENT OF ERISA.—Section 203(a) clause (I) and inserting ‘‘clause (ii)(III)’’; of $5,000.’’. of the Employee Retirement Income Secu- (iii) by striking ‘‘the date on which the em- 1 (4) EFFECTIVE DATE.—The amendments rity Act of 1974 (29 U.S.C. 1053(a)) is amend- ployee would have attained age 70 ⁄2,’’ in sub- made by this subsection shall apply to years ed— clause (I) and inserting ‘‘April 1 of the cal- beginning after December 31, 2001. (1) in paragraph (2), in the matter pre- endar year following the calendar year in (b) SPECIAL RULES FOR SECTIONS 403(b) AND ceding subparagraph (A), by striking ‘‘A which the spouse attains 701⁄2,’’; and 408.— plan’’ and inserting ‘‘Except as provided in (iv) by striking ‘‘the distributions to such (1) IN GENERAL.—Subsection (k) of section paragraph (4), a plan’’, and spouse begin,’’ in subclause (II) and inserting 415 is amended by adding at the end the fol- (2) by adding at the end the following: ‘‘his entire interest has been distributed to lowing new paragraph: ‘‘(4) In the case of matching contributions him,’’. ‘‘(4) SPECIAL RULES FOR SECTIONS 403(B) AND (as defined in section 401(m)(4)(A) of the In- (3) EFFECTIVE DATE.— 408.—For purposes of this section, any annu- ternal Revenue Code of 1986), paragraph (2) (A) IN GENERAL.—Except as provided in ity contract described in section 403(b) for shall be applied— subparagraph (B), the amendments made by the benefit of a participant shall be treated ‘‘(A) by substituting ‘3 years’ for ‘5 years’ this subsection shall apply to years begin- as a defined contribution plan maintained by in subparagraph (A), and ning after December 31, 2001. each employer with respect to which the par- ‘‘(B) by substituting the following table for (B) DISTRIBUTIONS TO SURVIVING SPOUSE.— ticipant has the control required under sub- the table contained in subparagraph (B): (i) IN GENERAL.—In the case of an employee section (b) or (c) of section 414 (as modified The nonforfeitable described in clause (ii), distributions to the by subsection (h)). For purposes of this sec- ‘‘Years of service: percentage is: surviving spouse of the employee shall not be tion, any contribution by an employer to a 2 ...... 20 required to commence prior to the date on simplified employee pension plan for an indi- 3 ...... 40 which such distributions would have been re- vidual for a taxable year shall be treated as 4 ...... 60 quired to begin under section 401(a)(9)(B) of an employer contribution to a defined con- 5 ...... 80 the Internal Revenue Code of 1986 (as in ef- tribution plan for such individual for such 6 ...... 100.’’. fect on the day before the date of the enact- year.’’. (c) EFFECTIVE DATES.— ment of this Act). (2) EFFECTIVE DATE.— (1) IN GENERAL.—Except as provided in (ii) CERTAIN EMPLOYEES.—An employee is (A) IN GENERAL.—The amendment made by paragraph (2), the amendments made by this described in this clause if such employee dies paragraph (1) shall apply to limitation years section shall apply to contributions for plan before— beginning after December 31, 1999. years beginning after December 31, 2001. (I) the date of the enactment of this Act, (B) EXCLUSION ALLOWANCE.—Effective for (2) COLLECTIVE BARGAINING AGREEMENTS.— and limitation years beginning in 2000, in the In the case of a plan maintained pursuant to (II) the required beginning date (within the case of any annuity contract described in one or more collective bargaining agree- meaning of section 401(a)(9)(C) of the Inter- section 403(b) of the Internal Revenue Code ments between employee representatives and nal Revenue Code of 1986) of the employee. of 1986, the amount of the contribution dis- one or more employers ratified by the date of (c) REDUCTION IN EXCISE TAX.— qualified by reason of section 415(g) of such the enactment of this Act, the amendments (1) IN GENERAL.—Subsection (a) of section Code shall reduce the exclusion allowance as made by this section shall not apply to con- 4974 is amended by striking ‘‘50 percent’’ and provided in section 403(b)(2) of such Code. tributions on behalf of employees covered by inserting ‘‘10 percent’’. (3) MODIFICATION OF 403(b) EXCLUSION AL- any such agreement for plan years beginning (2) EFFECTIVE DATE.—The amendment LOWANCE TO CONFORM TO 415 MODIFICATION.— before the earlier of— made by this subsection shall apply to years The Secretary of the Treasury shall modify (A) the later of— beginning after December 31, 2001. the regulations regarding the exclusion al- (i) the date on which the last of such col- SEC. 305. CLARIFICATION OF TAX TREATMENT OF lowance under section 403(b)(2) of the Inter- lective bargaining agreements terminates DIVISION OF SECTION 457 PLAN BEN- nal Revenue Code of 1986 to render void the (determined without regard to any extension EFITS UPON DIVORCE. requirement that contributions to a defined thereof on or after such date of the enact- (a) IN GENERAL.—Section 414(p)(11) (relat- benefit pension plan be treated as previously ment); or ing to application of rules to governmental excluded amounts for purposes of the exclu- (ii) January 1, 2002; or and church plans) is amended—

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.075 pfrm01 PsN: H01PT1 H1724 CONGRESSIONAL RECORD — HOUSE May 1, 2001 (1) by inserting ‘‘or an eligible deferred TITLE IV—INCREASING PORTABILITY FOR by striking the period at the end of clause compensation plan (within the meaning of PARTICIPANTS (iv) and inserting ‘‘, and’’, and by inserting section 457(b))’’ after ‘‘subsection (e))’’; and SEC. 401. ROLLOVERS ALLOWED AMONG VAR- after clause (iv) the following new clause: (2) in the heading, by striking ‘‘GOVERN- IOUS TYPES OF PLANS. ‘‘(v) an eligible deferred compensation plan MENTAL AND CHURCH PLANS’’ and inserting (a) ROLLOVERS FROM AND TO SECTION 457 described in section 457(b) which is main- ‘‘CERTAIN OTHER PLANS’’. PLANS.— tained by an eligible employer described in (b) WAIVER OF CERTAIN DISTRIBUTION RE- (1) ROLLOVERS FROM SECTION 457 PLANS.— section 457(e)(1)(A).’’. QUIREMENTS.—Paragraph (10) of section 414(p) (A) IN GENERAL.—Section 457(e) (relating to (B) SEPARATE ACCOUNTING.—Section 402(c) is amended by striking ‘‘and section 409(d)’’ other definitions and special rules) is amend- is amended by adding at the end the fol- and inserting ‘‘section 409(d), and section ed by adding at the end the following: lowing new paragraph: 457(d)’’. ‘‘(16) ROLLOVER AMOUNTS.— ‘‘(10) SEPARATE ACCOUNTING.—Unless a plan (c) TAX TREATMENT OF PAYMENTS FROM A ‘‘(A) GENERAL RULE.—In the case of an eli- described in clause (v) of paragraph (8)(B) SECTION 457 PLAN.—Subsection (p) of section gible deferred compensation plan established agrees to separately account for amounts 414 is amended by redesignating paragraph and maintained by an employer described in rolled into such plan from eligible retire- (12) as paragraph (13) and inserting after subsection (e)(1)(A), if— ment plans not described in such clause, the paragraph (11) the following new paragraph: ‘‘(i) any portion of the balance to the cred- plan described in such clause may not accept ‘‘(12) TAX TREATMENT OF PAYMENTS FROM A it of an employee in such plan is paid to such transfers or rollovers from such retirement SECTION 457 PLAN.—If a distribution or pay- employee in an eligible rollover distribution plans.’’. ment from an eligible deferred compensation (within the meaning of section 402(c)(4) with- (C) 10 PERCENT ADDITIONAL TAX.—Sub- plan described in section 457(b) is made pur- out regard to subparagraph (C) thereof), section (t) of section 72 (relating to 10-per- suant to a qualified domestic relations order, ‘‘(ii) the employee transfers any portion of cent additional tax on early distributions rules similar to the rules of section the property such employee receives in such from qualified retirement plans) is amended 402(e)(1)(A) shall apply to such distribution distribution to an eligible retirement plan by adding at the end the following new para- or payment.’’. described in section 402(c)(8)(B), and graph: (d) EFFECTIVE DATE.—The amendments ‘‘(iii) in the case of a distribution of prop- ‘‘(9) SPECIAL RULE FOR ROLLOVERS TO SEC- made by this section shall apply to transfers, erty other than money, the amount so trans- TION 457 PLANS.—For purposes of this sub- distributions, and payments made after De- cember 31, 2001. ferred consists of the property distributed, section, a distribution from an eligible de- then such distribution (to the extent so ferred compensation plan (as defined in sec- SEC. 306. PROVISIONS RELATING TO HARDSHIP DISTRIBUTIONS. transferred) shall not be includible in gross tion 457(b)) of an eligible employer described (a) SAFE HARBOR RELIEF.— income for the taxable year in which paid. in section 457(e)(1)(A) shall be treated as a (1) IN GENERAL.—The Secretary of the ‘‘(B) CERTAIN RULES MADE APPLICABLE.— distribution from a qualified retirement plan Treasury shall revise the regulations relat- The rules of paragraphs (2) through (7) (other described in section 4974(c)(1) to the extent ing to hardship distributions under section than paragraph (4)(C)) and (9) of section that such distribution is attributable to an 401(k)(2)(B)(i)(IV) of the Internal Revenue 402(c) and section 402(f) shall apply for pur- amount transferred to an eligible deferred Code of 1986 to provide that the period an poses of subparagraph (A). compensation plan from a qualified retire- employee is prohibited from making elective ‘‘(C) REPORTING.—Rollovers under this ment plan (as defined in section 4974(c)).’’. and employee contributions in order for a paragraph shall be reported to the Secretary (b) ALLOWANCE OF ROLLOVERS FROM AND TO distribution to be deemed necessary to sat- in the same manner as rollovers from quali- 403(b) PLANS.— isfy financial need shall be equal to 6 fied retirement plans (as defined in section (1) ROLLOVERS FROM SECTION 403(b) PLANS.— months. 4974(c)).’’. Section 403(b)(8)(A)(ii) (relating to rollover (2) EFFECTIVE DATE.—The revised regula- (B) DEFERRAL LIMIT DETERMINED WITHOUT amounts) is amended by striking ‘‘such dis- tions under this subsection shall apply to REGARD TO ROLLOVER AMOUNTS.—Section tribution’’ and all that follows and inserting years beginning after December 31, 2001. 457(b)(2) (defining eligible deferred com- ‘‘such distribution to an eligible retirement (b) HARDSHIP DISTRIBUTIONS NOT TREATED pensation plan) is amended by inserting plan described in section 402(c)(8)(B), and’’. AS ELIGIBLE ROLLOVER DISTRIBUTIONS.— ‘‘(other than rollover amounts)’’ after ‘‘tax- (2) ROLLOVERS TO SECTION 403(b) PLANS.— (1) MODIFICATION OF DEFINITION OF ELIGIBLE able year’’. Section 402(c)(8)(B) (defining eligible retire- ROLLOVER.—Subparagraph (C) of section (C) DIRECT ROLLOVER.—Paragraph (1) of ment plan), as amended by subsection (a), is 402(c)(4) (relating to eligible rollover dis- section 457(d) is amended by striking ‘‘and’’ amended by striking ‘‘and’’ at the end of tribution) is amended to read as follows: at the end of subparagraph (A), by striking clause (iv), by striking the period at the end ‘‘(C) any distribution which is made upon the period at the end of subparagraph (B) and of clause (v) and inserting ‘‘, and’’, and by in- hardship of the employee.’’. inserting ‘‘, and’’, and by inserting after sub- serting after clause (v) the following new (2) EFFECTIVE DATE.—The amendment paragraph (B) the following: clause: made by this subsection shall apply to dis- ‘‘(C) in the case of a plan maintained by an ‘‘(vi) an annuity contract described in sec- tributions made after December 31, 2001. employer described in subsection (e)(1)(A), tion 403(b).’’. the plan meets requirements similar to the SEC. 307. WAIVER OF TAX ON NONDEDUCTIBLE (c) EXPANDED EXPLANATION TO RECIPIENTS CONTRIBUTIONS FOR DOMESTIC OR requirements of section 401(a)(31). OF ROLLOVER DISTRIBUTIONS.—Paragraph (1) SIMILAR WORKERS. Any amount transferred in a direct trustee- of section 402(f) (relating to written expla- (a) IN GENERAL.—Section 4972(c)(6) (relat- to-trustee transfer in accordance with sec- ing to exceptions to nondeductible contribu- nation to recipients of distributions eligible tion 401(a)(31) shall not be includible in gross for rollover treatment) is amended by strik- tions), as amended by section 502, is amended income for the taxable year of transfer.’’. by striking ‘‘or’’ at the end of subparagraph ing ‘‘and’’ at the end of subparagraph (C), by (D) WITHHOLDING.— striking the period at the end of subpara- (A), by striking the period and inserting ‘‘, (i) Paragraph (12) of section 3401(a) is and’’ at the end of subparagraph (B), and by graph (D) and inserting ‘‘, and’’, and by add- amended by adding at the end the following: ing at the end the following new subpara- inserting after subparagraph (B) the fol- ‘‘(E) under or to an eligible deferred com- lowing new subparagraph: graph: pensation plan which, at the time of such ‘‘(E) of the provisions under which dis- ‘‘(C) so much of the contributions to a sim- payment, is a plan described in section 457(b) ple retirement account (within the meaning tributions from the eligible retirement plan maintained by an employer described in sec- receiving the distribution may be subject to of section 408(p)) or a simple plan (within the tion 457(e)(1)(A); or’’. meaning of section 401(k)(11)) which are not restrictions and tax consequences which are (ii) Paragraph (3) of section 3405(c) is different from those applicable to distribu- deductible when contributed solely because amended to read as follows: such contributions are not made in connec- tions from the plan making such distribu- ‘‘(3) ELIGIBLE ROLLOVER DISTRIBUTION.—For tion.’’. tion with a trade or business of the em- purposes of this subsection, the term ‘eligi- ployer.’’ ble rollover distribution’ has the meaning (d) SPOUSAL ROLLOVERS.—Section 402(c)(9) (b) EXCLUSION OF CERTAIN CONTRIBU- given such term by section 402(f)(2)(A).’’. (relating to rollover where spouse receives TIONS.—Section 4972(c)(6) is amended by add- (iii) LIABILITY FOR WITHHOLDING.—Subpara- distribution after death of employee) is ing at the end the following new sentence: graph (B) of section 3405(d)(2) is amended by amended by striking ‘‘; except that’’ and all ‘‘Subparagraph (C) shall not apply to con- that follows up to the end period. tributions made on behalf of the employer or striking ‘‘or’’ at the end of clause (ii), by a member of the employer’s family (as de- striking the period at the end of clause (iii) (e) CONFORMING AMENDMENTS.— fined in section 447(e)(1)).’’. and inserting ‘‘, or’’, and by adding at the (1) Section 72(o)(4) is amended by striking (c) NO INFERENCE.—Nothing in the amend- end the following: ‘‘and 408(d)(3)’’ and inserting ‘‘403(b)(8), ments made by this section shall be con- ‘‘(iv) section 457(b) and which is main- 408(d)(3), and 457(e)(16)’’. strued to infer the proper treatment of non- tained by an eligible employer described in (2) Section 219(d)(2) is amended by striking deductible contributions under the laws in section 457(e)(1)(A).’’. ‘‘or 408(d)(3)’’ and inserting ‘‘408(d)(3), or effect before such amendments. (2) ROLLOVERS TO SECTION 457 PLANS.— 457(e)(16)’’. (d) EFFECTIVE DATE.—The amendments (A) IN GENERAL.—Section 402(c)(8)(B) (de- (3) Section 401(a)(31)(B) is amended by made by this section shall apply to taxable fining eligible retirement plan) is amended striking ‘‘and 403(a)(4)’’ and inserting ‘‘, years beginning after December 31, 2001. by striking ‘‘and’’ at the end of clause (iii), 403(a)(4), 403(b)(8), and 457(e)(16)’’.

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.076 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1725 (4) Subparagraph (A) of section 402(f)(2) is (2) Clause (i) of section 408(d)(3)(D) is contract to distributions under section 72, amended by striking ‘‘or paragraph (4) of sec- amended by striking ‘‘(i), (ii), or (iii)’’ and the portion of such distribution rolled over tion 403(a)’’ and inserting ‘‘, paragraph (4) of inserting ‘‘(i) or (ii)’’. to an eligible retirement plan described in section 403(a), subparagraph (A) of section (3) Subparagraph (G) of section 408(d)(3) is clause (i) shall be treated as from income on 403(b)(8), or subparagraph (A) of section amended to read as follows: the contract (to the extent of the aggregate 457(e)(16)’’. ‘‘(G) SIMPLE RETIREMENT ACCOUNTS.—In the income on the contract from all individual (5) Paragraph (1) of section 402(f) is amend- case of any payment or distribution out of a retirement plans of the distributee), and ed by striking ‘‘from an eligible retirement simple retirement account (as defined in sub- ‘‘(III) appropriate adjustments shall be plan’’. section (p)) to which section 72(t)(6) applies, made in applying section 72 to other dis- (6) Subparagraphs (A) and (B) of section this paragraph shall not apply unless such tributions in such taxable year and subse- 402(f)(1) are amended by striking ‘‘another payment or distribution is paid into another quent taxable years.’’. eligible retirement plan’’ and inserting ‘‘an simple retirement account.’’. (d) EFFECTIVE DATE.—The amendments eligible retirement plan’’. (c) EFFECTIVE DATE; SPECIAL RULE.— made by this section shall apply to distribu- (7) Subparagraph (B) of section 403(b)(8) is (1) EFFECTIVE DATE.—The amendments tions after December 31, 2001. amended to read as follows: made by this section shall apply to distribu- SEC. 404. HARDSHIP EXCEPTION TO 60-DAY RULE. ‘‘(B) CERTAIN RULES MADE APPLICABLE.— tions after December 31, 2001. The rules of paragraphs (2) through (7) and (2) SPECIAL RULE.—Notwithstanding any (a) EXEMPT TRUSTS.—Paragraph (3) of sec- (9) of section 402(c) and section 402(f) shall other provision of law, subsections (h)(3) and tion 402(c) (relating to transfer must be made apply for purposes of subparagraph (A), ex- (h)(5) of section 1122 of the Tax Reform Act within 60 days of receipt) is amended to read cept that section 402(f) shall be applied to of 1986 shall not apply to any distribution as follows: the payor in lieu of the plan administrator.’’. from an eligible retirement plan (as defined ‘‘(3) TRANSFER MUST BE MADE WITHIN 60 (8) Section 408(a)(1) is amended by striking in clause (iii) or (iv) of section 402(c)(8)(B) of DAYS OF RECEIPT.— ‘‘or 403(b)(8),’’ and inserting ‘‘403(b)(8), or the Internal Revenue Code of 1986) on behalf ‘‘(A) IN GENERAL.—Except as provided in 457(e)(16)’’. of an individual if there was a rollover to subparagraph (B), paragraph (1) shall not (9) Subparagraphs (A) and (B) of section such plan on behalf of such individual which apply to any transfer of a distribution made 415(b)(2) are each amended by striking ‘‘and is permitted solely by reason of the amend- after the 60th day following the day on which 408(d)(3)’’ and inserting ‘‘403(b)(8), 408(d)(3), ments made by this section. the distributee received the property distrib- and 457(e)(16)’’. SEC. 403. ROLLOVERS OF AFTER-TAX CONTRIBU- uted. (10) Section 415(c)(2) is amended by strik- TIONS. ‘‘(B) HARDSHIP EXCEPTION.—The Secretary ing ‘‘and 408(d)(3)’’ and inserting ‘‘408(d)(3), (a) ROLLOVERS FROM EXEMPT TRUSTS.— may waive the 60-day requirement under and 457(e)(16)’’. Paragraph (2) of section 402(c) (relating to subparagraph (A) where the failure to waive (11) Section 4973(b)(1)(A) is amended by maximum amount which may be rolled over) such requirement would be against equity or striking ‘‘or 408(d)(3)’’ and inserting is amended by adding at the end the fol- good conscience, including casualty, dis- ‘‘408(d)(3), or 457(e)(16)’’. lowing: ‘‘The preceding sentence shall not aster, or other events beyond the reasonable apply to such distribution to the extent— control of the individual subject to such re- (f) EFFECTIVE DATE; SPECIAL RULE.— quirement.’’. (1) EFFECTIVE DATE.—The amendments ‘‘(A) such portion is transferred in a direct (b) IRAS.—Paragraph (3) of section 408(d) made by this section shall apply to distribu- trustee-to-trustee transfer to a qualified (relating to rollover contributions), as tions after December 31, 2001. trust which is part of a plan which is a de- amended by section 403, is amended by add- (2) REASONABLE NOTICE.—No penalty shall fined contribution plan and which agrees to ing after subparagraph (H) the following new be imposed on a plan for the failure to pro- separately account for amounts so trans- subparagraph: vide the information required by the amend- ferred, including separately accounting for ‘‘(I) WAIVER OF 60-DAY REQUIREMENT.—The ment made by subsection (c) with respect to the portion of such distribution which is in- Secretary may waive the 60-day requirement any distribution made before the date that is cludible in gross income and the portion of under subparagraphs (A) and (D) where the 90 days after the date on which the Secretary such distribution which is not so includible, failure to waive such requirement would be of the Treasury issues a safe harbor rollover or against equity or good conscience, including notice after the date of the enactment of this ‘‘(B) such portion is transferred to an eligi- casualty, disaster, or other events beyond Act, if the administrator of such plan makes ble retirement plan described in clause (i) or the reasonable control of the individual sub- a reasonable attempt to comply with such (ii) of paragraph (8)(B).’’. ject to such requirement.’’. requirement. (b) OPTIONAL DIRECT TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS.—Subparagraph (B) (3) SPECIAL RULE.—Notwithstanding any (c) EFFECTIVE DATE.—The amendments other provision of law, subsections (h)(3) and of section 401(a)(31) (relating to limitation) made by this section shall apply to distribu- (h)(5) of section 1122 of the Tax Reform Act is amended by adding at the end the fol- tions after December 31, 2001. of 1986 shall not apply to any distribution lowing: SEC. 405. TREATMENT OF FORMS OF DISTRIBU- from an eligible retirement plan (as defined ‘‘The preceding sentence shall not apply to TION. in clause (iii) or (iv) of section 402(c)(8)(B) of such distribution if the plan to which such (a) PLAN TRANSFERS.— the Internal Revenue Code of 1986) on behalf distribution is transferred— (1) AMENDMENT OF INTERNAL REVENUE of an individual if there was a rollover to ‘‘(i) agrees to separately account for CODE.—Paragraph (6) of section 411(d) (relat- such plan on behalf of such individual which amounts so transferred, including separately ing to accrued benefit not to be decreased by is permitted solely by reason of any amend- accounting for the portion of such distribu- amendment) is amended by adding at the end ment made by this section. tion which is includible in gross income and the following: the portion of such distribution which is not ‘‘(D) PLAN TRANSFERS.— SEC. 402. ROLLOVERS OF IRAS INTO WORKPLACE so includible, or RETIREMENT PLANS. ‘‘(i) IN GENERAL.—A defined contribution ‘‘(ii) is an eligible retirement plan de- plan (in this subparagraph referred to as the (a) IN GENERAL.—Subparagraph (A) of sec- scribed in clause (i) or (ii) of section ‘transferee plan’) shall not be treated as fail- tion 408(d)(3) (relating to rollover amounts) 402(c)(8)(B).’’. ing to meet the requirements of this sub- is amended by adding ‘‘or’’ at the end of (c) RULES FOR APPLYING SECTION 72 TO section merely because the transferee plan clause (i), by striking clauses (ii) and (iii), IRAS.—Paragraph (3) of section 408(d) (relat- does not provide some or all of the forms of and by adding at the end the following: ing to special rules for applying section 72) is distribution previously available under an- ‘‘(ii) the entire amount received (including amended by inserting at the end the fol- other defined contribution plan (in this sub- money and any other property) is paid into lowing: paragraph referred to as the ‘transferor an eligible retirement plan for the benefit of ‘‘(H) APPLICATION OF SECTION 72.— plan’) to the extent that— such individual not later than the 60th day ‘‘(i) IN GENERAL.—If— ‘‘(I) the forms of distribution previously after the date on which the payment or dis- ‘‘(I) a distribution is made from an indi- available under the transferor plan applied tribution is received, except that the max- vidual retirement plan, and to the account of a participant or beneficiary imum amount which may be paid into such ‘‘(II) a rollover contribution is made to an under the transferor plan that was trans- plan may not exceed the portion of the eligible retirement plan described in section ferred from the transferor plan to the trans- amount received which is includible in gross 402(c)(8)(B)(iii), (iv), (v), or (vi) with respect feree plan pursuant to a direct transfer rath- income (determined without regard to this to all or part of such distribution, er than pursuant to a distribution from the paragraph). then, notwithstanding paragraph (2), the transferor plan, For purposes of clause (ii), the term ‘eligible rules of clause (ii) shall apply for purposes of ‘‘(II) the terms of both the transferor plan retirement plan’ means an eligible retire- applying section 72. and the transferee plan authorize the trans- ment plan described in clause (iii), (iv), (v), ‘‘(ii) APPLICABLE RULES.—In the case of a fer described in subclause (I), or (vi) of section 402(c)(8)(B).’’. distribution described in clause (i)— ‘‘(III) the transfer described in subclause (b) CONFORMING AMENDMENTS.— ‘‘(I) section 72 shall be applied separately (I) was made pursuant to a voluntary elec- (1) Paragraph (1) of section 403(b) is amend- to such distribution, tion by the participant or beneficiary whose ed by striking ‘‘section 408(d)(3)(A)(iii)’’ and ‘‘(II) notwithstanding the pro rata alloca- account was transferred to the transferee inserting ‘‘section 408(d)(3)(A)(ii)’’. tion of income on, and investment in, the plan,

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‘‘(IV) the election described in subclause ‘‘(A) a single sum payment is available to TION FROM SERVICE’’ and inserting ‘‘SEVER- (III) was made after the participant or bene- such participant at the same time or times ANCE FROM EMPLOYMENT’’. ficiary received a notice describing the con- as the form of distribution being eliminated; (3) SECTION 457.—Clause (ii) of section sequences of making the election, and and 457(d)(1)(A) is amended by striking ‘‘is sepa- ‘‘(V) the transferee plan allows the partici- ‘‘(B) such single sum payment is based on rated from service’’ and inserting ‘‘has a sev- pant or beneficiary described in subclause the same or greater portion of the partici- erance from employment’’. (III) to receive any distribution to which the pant’s account as the form of distribution (b) EFFECTIVE DATE.—The amendments participant or beneficiary is entitled under being eliminated.’’. made by this section shall apply to distribu- the transferee plan in the form of a single (3) EFFECTIVE DATE.—The amendments tions after December 31, 2001. sum distribution. made by this subsection shall apply to years SEC. 407. PURCHASE OF SERVICE CREDIT IN GOV- ‘‘(ii) EXCEPTION.—Clause (i) shall apply to beginning after December 31, 2001. ERNMENTAL DEFINED BENEFIT PLANS. plan mergers and other transactions having (b) REGULATIONS.— (a) 403(b) PLANS.—Subsection (b) of section the effect of a direct transfer, including con- (1) AMENDMENT OF INTERNAL REVENUE 403 is amended by adding at the end the fol- solidations of benefits attributable to dif- CODE.—Paragraph (6)(B) of section 411(d) (re- lowing new paragraph: ferent employers within a multiple employer lating to accrued benefit not to be decreased ‘‘(13) TRUSTEE-TO-TRUSTEE TRANSFERS TO plan. by amendment) is amended by inserting PURCHASE PERMISSIVE SERVICE CREDIT.—No ‘‘(E) ELIMINATION OF FORM OF DISTRIBU- after the second sentence the following new amount shall be includible in gross income TION.—Except to the extent provided in regu- sentence: ‘‘The Secretary shall by regula- by reason of a direct trustee-to-trustee lations, a defined contribution plan shall not tions provide that this subparagraph shall transfer to a defined benefit governmental be treated as failing to meet the require- not apply to any plan amendment which re- plan (as defined in section 414(d)) if such ments of this section merely because of the duces or eliminates benefits or subsidies transfer is— elimination of a form of distribution pre- which create significant burdens or complex- ‘‘(A) for the purchase of permissive service viously available thereunder. This subpara- ities for the plan and plan participants and credit (as defined in section 415(n)(3)(A)) graph shall not apply to the elimination of a does not adversely affect the rights of any under such plan, or form of distribution with respect to any par- participant in a more than de minimis man- ‘‘(B) a repayment to which section 415 does ticipant unless— ner.’’. not apply by reason of subsection (k)(3) ‘‘(i) a single sum payment is available to (2) AMENDMENT OF ERISA.—Section 204(g)(2) thereof.’’. such participant at the same time or times of the Employee Retirement Income Secu- (b) 457 PLANS.—Subsection (e) of section as the form of distribution being eliminated, rity Act of 1974 (29 U.S.C. 1054(g)(2)) is 457 is amended by adding after paragraph (16) and amended by inserting before the last sen- the following new paragraph: ‘‘(ii) such single sum payment is based on tence the following new sentence: ‘‘The Sec- ‘‘(17) TRUSTEE-TO-TRUSTEE TRANSFERS TO the same or greater portion of the partici- retary of the Treasury shall by regulations PURCHASE PERMISSIVE SERVICE CREDIT.—No pant’s account as the form of distribution provide that this paragraph shall not apply amount shall be includible in gross income being eliminated.’’. to any plan amendment which reduces or by reason of a direct trustee-to-trustee (2) AMENDMENT OF ERISA.—Section 204(g) of eliminates benefits or subsidies which create transfer to a defined benefit governmental the Employee Retirement Income Security significant burdens or complexities for the plan (as defined in section 414(d)) if such Act of 1974 (29 U.S.C. 1054(g)) is amended by plan and plan participants and does not ad- transfer is— adding at the end the following: versely affect the rights of any participant ‘‘(A) for the purchase of permissive service ‘‘(4)(A) A defined contribution plan (in this in a more than de minimis manner.’’. credit (as defined in section 415(n)(3)(A)) subparagraph referred to as the ‘transferee (3) SECRETARY DIRECTED.—Not later than under such plan, or plan’) shall not be treated as failing to meet December 31, 2003, the Secretary of the ‘‘(B) a repayment to which section 415 does the requirements of this subsection merely Treasury is directed to issue regulations not apply by reason of subsection (k)(3) because the transferee plan does not provide under section 411(d)(6) of the Internal Rev- thereof.’’. some or all of the forms of distribution pre- enue Code of 1986 and section 204(g) of the (c) EFFECTIVE DATE.—The amendments viously available under another defined con- Employee Retirement Income Security Act made by this section shall apply to trustee- tribution plan (in this subparagraph referred of 1974, including the regulations required by to-trustee transfers after December 31, 2001. to as the ‘transferor plan’) to the extent the amendment made by this subsection. SEC. 408. EMPLOYERS MAY DISREGARD ROLL- that— Such regulations shall apply to plan years OVERS FOR PURPOSES OF CASH-OUT ‘‘(i) the forms of distribution previously beginning after December 31, 2003, or such AMOUNTS. available under the transferor plan applied earlier date as is specified by the Secretary (a) QUALIFIED PLANS.— to the account of a participant or beneficiary of the Treasury. (1) AMENDMENT OF INTERNAL REVENUE under the transferor plan that was trans- CODE.—Section 411(a)(11) (relating to restric- ferred from the transferor plan to the trans- SEC. 406. RATIONALIZATION OF RESTRICTIONS ON DISTRIBUTIONS. tions on certain mandatory distributions) is feree plan pursuant to a direct transfer rath- amended by adding at the end the following: (a) MODIFICATION OF SAME DESK EXCEP- er than pursuant to a distribution from the ‘‘(D) SPECIAL RULE FOR ROLLOVER CONTRIBU- TION.— transferor plan; TIONS.—A plan shall not fail to meet the re- ‘‘(ii) the terms of both the transferor plan (1) SECTION 401(k).— (A) Section 401(k)(2)(B)(i)(I) (relating to quirements of this paragraph if, under the and the transferee plan authorize the trans- terms of the plan, the present value of the fer described in clause (i); qualified cash or deferred arrangements) is amended by striking ‘‘separation from serv- nonforfeitable accrued benefit is determined ‘‘(iii) the transfer described in clause (i) without regard to that portion of such ben- was made pursuant to a voluntary election ice’’ and inserting ‘‘severance from employ- ment’’. efit which is attributable to rollover con- by the participant or beneficiary whose ac- tributions (and earnings allocable thereto). count was transferred to the transferee plan; (B) Subparagraph (A) of section 401(k)(10) (relating to distributions upon termination For purposes of this subparagraph, the term ‘‘(iv) the election described in clause (iii) ‘rollover contributions’ means any rollover was made after the participant or bene- of plan or disposition of assets or subsidiary) is amended to read as follows: contribution under sections 402(c), 403(a)(4), ficiary received a notice describing the con- 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16).’’. ‘‘(A) IN GENERAL.—An event described in sequences of making the election; and (2) AMENDMENT OF ERISA.—Section 203(e) of ‘‘(v) the transferee plan allows the partici- this subparagraph is the termination of the plan without establishment or maintenance the Employee Retirement Income Security pant or beneficiary described in clause (iii) Act of 1974 (29 U.S.C. 1053(c)) is amended by to receive any distribution to which the par- of another defined contribution plan (other than an employee stock ownership plan as adding at the end the following: ticipant or beneficiary is entitled under the ‘‘(4) A plan shall not fail to meet the re- defined in section 4975(e)(7)).’’. transferee plan in the form of a single sum quirements of this subsection if, under the (C) Section 401(k)(10) is amended— distribution. terms of the plan, the present value of the ‘‘(B) Subparagraph (A) shall apply to plan (i) in subparagraph (B)— nonforfeitable accrued benefit is determined mergers and other transactions having the (I) by striking ‘‘An event’’ in clause (i) and without regard to that portion of such ben- effect of a direct transfer, including consoli- inserting ‘‘A termination’’; and efit which is attributable to rollover con- dations of benefits attributable to different (II) by striking ‘‘the event’’ in clause (i) tributions (and earnings allocable thereto). employers within a multiple employer plan. and inserting ‘‘the termination’’; For purposes of this subparagraph, the term ‘‘(5) Except to the extent provided in regu- (ii) by striking subparagraph (C); and ‘rollover contributions’ means any rollover lations promulgated by the Secretary of the (iii) by striking ‘‘OR DISPOSITION OF ASSETS contribution under sections 402(c), 403(a)(4), Treasury, a defined contribution plan shall OR SUBSIDIARY’’ in the heading. 403(b)(8), 408(d)(3)(A)(ii), and 457(e)(16) of the not be treated as failing to meet the require- (2) SECTION 403(b).— Internal Revenue Code of 1986.’’. ments of this subsection merely because of (A) Paragraphs (7)(A)(ii) and (11)(A) of sec- (b) ELIGIBLE DEFERRED COMPENSATION the elimination of a form of distribution pre- tion 403(b) are each amended by striking PLANS.—Clause (i) of section 457(e)(9)(A) is viously available thereunder. This paragraph ‘‘separates from service’’ and inserting ‘‘has amended by striking ‘‘such amount’’ and in- shall not apply to the elimination of a form a severance from employment’’. serting ‘‘the portion of such amount which is of distribution with respect to any partici- (B) The heading for paragraph (11) of sec- not attributable to rollover contributions (as pant unless— tion 403(b) is amended by striking ‘‘SEPARA- defined in section 411(a)(11)(D))’’.

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(c) EFFECTIVE DATE.—The amendments (1) by striking ‘‘the applicable percentage’’ fined benefit plan and then to amounts de- made by this section shall apply to distribu- in subparagraph (A)(i)(I) and inserting ‘‘in scribed in subparagraph (B).’’. tions after December 31, 2001. the case of plan years beginning before Janu- (c) EFFECTIVE DATE.—The amendments SEC. 409. MINIMUM DISTRIBUTION AND INCLU- ary 1, 2004, the applicable percentage’’; and made by this section shall apply to plan SION REQUIREMENTS FOR SECTION (2) by amending subparagraph (F) to read years beginning after December 31, 2001. 457 PLANS. as follows: SEC. 503. EXCISE TAX RELIEF FOR SOUND PEN- (a) MINIMUM DISTRIBUTION REQUIRE- ‘‘(F) APPLICABLE PERCENTAGE.—For pur- SION FUNDING. MENTS.—Paragraph (2) of section 457(d) (re- poses of subparagraph (A)(i)(I), the applica- (a) IN GENERAL.—Subsection (c) of section lating to distribution requirements) is ble percentage shall be determined in accord- 4972 (relating to nondeductible contribu- amended to read as follows: ance with the following table: tions) is amended by adding at the end the ‘‘(2) MINIMUM DISTRIBUTION REQUIRE- ‘‘In the case of any plan The applicable following new paragraph: MENTS.—A plan meets the minimum dis- year beginning in— percentage is— ‘‘(7) DEFINED BENEFIT PLAN EXCEPTION.—In tribution requirements of this paragraph if 2002 ...... 165 determining the amount of nondeductible such plan meets the requirements of section 2003 ...... 170.’’. contributions for any taxable year, an em- 401(a)(9).’’. (c) EFFECTIVE DATE.—The amendments ployer may elect for such year not to take (b) INCLUSION IN GROSS INCOME.— made by this section shall apply to plan into account any contributions to a defined (1) YEAR OF INCLUSION.—Subsection (a) of years beginning after December 31, 2001. benefit plan except to the extent that such section 457 (relating to year of inclusion in SEC. 502. MAXIMUM CONTRIBUTION DEDUCTION contributions exceed the full-funding limita- gross income) is amended to read as follows: RULES MODIFIED AND APPLIED TO tion (as defined in section 412(c)(7), deter- ‘‘(a) YEAR OF INCLUSION IN GROSS INCOME.— ALL DEFINED BENEFIT PLANS. mined without regard to subparagraph ‘‘(1) IN GENERAL.—Any amount of com- (a) IN GENERAL.—Subparagraph (D) of sec- (A)(i)(I) thereof). For purposes of this para- pensation deferred under an eligible deferred tion 404(a)(1) (relating to special rule in case graph, the deductible limits under section compensation plan, and any income attrib- of certain plans) is amended to read as fol- 404(a)(7) shall first be applied to amounts utable to the amounts so deferred, shall be lows: contributed to defined contribution plans includible in gross income only for the tax- ‘‘(D) SPECIAL RULE IN CASE OF CERTAIN and then to amounts described in this para- able year in which such compensation or PLANS.— graph. If an employer makes an election other income— ‘‘(i) IN GENERAL.—In the case of any defined under this paragraph for a taxable year, ‘‘(A) is paid to the participant or other benefit plan, except as provided in regula- paragraph (6) shall not apply to such em- beneficiary, in the case of a plan of an eligi- tions, the maximum amount deductible ployer for such taxable year.’’. ble employer described in subsection under the limitations of this paragraph shall (b) EFFECTIVE DATE.—The amendment (e)(1)(A), and not be less than the unfunded termination li- made by this section shall apply to years be- ‘‘(B) is paid or otherwise made available to ability (determined as if the proposed termi- ginning after December 31, 2001. the participant or other beneficiary, in the nation date referred to in section case of a plan of an eligible employer de- SEC. 504. EXCISE TAX ON FAILURE TO PROVIDE 4041(b)(2)(A)(i)(II) of the Employee Retire- NOTICE BY DEFINED BENEFIT scribed in subsection (e)(1)(B). ment Income Security Act of 1974 were the PLANS SIGNIFICANTLY REDUCING ‘‘(2) SPECIAL RULE FOR ROLLOVER last day of the plan year). FUTURE BENEFIT ACCRUALS. AMOUNTS.—To the extent provided in section ‘‘(ii) PLANS WITH LESS THAN 100 PARTICI- (a) AMENDMENT OF INTERNAL REVENUE 72(t)(9), section 72(t) shall apply to any PANTS.—For purposes of this subparagraph, CODE.— amount includible in gross income under this in the case of a plan which has less than 100 (1) IN GENERAL.—Chapter 43 (relating to subsection.’’. participants for the plan year, termination qualified pension, etc., plans) is amended by (2) CONFORMING AMENDMENTS.— liability shall not include the liability at- adding at the end the following new section: (A) So much of paragraph (9) of section tributable to benefit increases for highly ‘‘SEC. 4980F. FAILURE OF APPLICABLE PLANS RE- 457(e) as precedes subparagraph (A) is amend- compensated employees (as defined in sec- DUCING BENEFIT ACCRUALS TO ed to read as follows: tion 414(q)) resulting from a plan amendment SATISFY NOTICE REQUIREMENTS. ENEFITS OF TAX EXEMPT ORGANIZATION ‘‘(9) B which is made or becomes effective, which- ‘‘(a) IMPOSITION OF TAX.—There is hereby PLANS NOT TREATED AS MADE AVAILABLE BY ever is later, within the last 2 years before imposed a tax on the failure of any applica- REASON OF CERTAIN ELECTIONS, ETC.—In the the termination date. ble pension plan to meet the requirements of case of an eligible deferred compensation ‘‘(iii) RULE FOR DETERMINING NUMBER OF subsection (e) with respect to any applicable plan of an employer described in subsection PARTICIPANTS.—For purposes of determining individual. (e)(1)(B)—’’. whether a plan has more than 100 partici- ‘‘(b) AMOUNT OF TAX.— (B) Section 457(d) is amended by adding at pants, all defined benefit plans maintained ‘‘(1) IN GENERAL.—The amount of the tax the end the following new paragraph: by the same employer (or any member of imposed by subsection (a) on any failure ‘‘(3) SPECIAL RULE FOR GOVERNMENT PLAN.— such employer’s controlled group (within the with respect to any applicable individual An eligible deferred compensation plan of an meaning of section 412(l)(8)(C))) shall be shall be $100 for each day in the noncompli- employer described in subsection (e)(1)(A) treated as one plan, but only employees of ance period with respect to such failure. shall not be treated as failing to meet the re- such member or employer shall be taken into ‘‘(2) NONCOMPLIANCE PERIOD.—For purposes quirements of this subsection solely by rea- account. of this section, the term ‘noncompliance pe- son of making a distribution described in ‘‘(iv) PLANS MAINTAINED BY PROFESSIONAL riod’ means, with respect to any failure, the subsection (e)(9)(A).’’. SERVICE EMPLOYERS.—Clause (i) shall not period beginning on the date the failure first (c) EFFECTIVE DATE.—The amendments apply to a plan described in section occurs and ending on the date the notice to made by this section shall apply to distribu- 4021(b)(13) of the Employee Retirement In- which the failure relates is provided or the tions after December 31, 2001. come Security Act of 1974.’’. failure is otherwise corrected. TITLE V—STRENGTHENING PENSION (b) CONFORMING AMENDMENT.—Paragraph ‘‘(c) LIMITATIONS ON AMOUNT OF TAX.— SECURITY AND ENFORCEMENT (6) of section 4972(c), as amended by section ‘‘(1) TAX NOT TO APPLY WHERE FAILURE NOT SEC. 501. REPEAL OF PERCENT OF CURRENT LI- 207, is amended to read as follows: DISCOVERED AND REASONABLE DILIGENCE EXER- ABILITY FUNDING LIMIT. ‘‘(6) EXCEPTIONS.—In determining the CISED.—No tax shall be imposed by sub- (a) AMENDMENT OF INTERNAL REVENUE amount of nondeductible contributions for section (a) on any failure during any period CODE.—Section 412(c)(7) (relating to full- any taxable year, there shall not be taken for which it is established to the satisfaction funding limitation) is amended— into account so much of the contributions to of the Secretary that any person subject to (1) by striking ‘‘the applicable percentage’’ one or more defined contribution plans liability for the tax under subsection (d) did in subparagraph (A)(i)(I) and inserting ‘‘in which are not deductible when contributed not know that the failure existed and exer- the case of plan years beginning before Janu- solely because of section 404(a)(7) as does not cised reasonable diligence to meet the re- ary 1, 2004, the applicable percentage’’; and exceed the greater of— quirements of subsection (e). (2) by amending subparagraph (F) to read ‘‘(A) the amount of contributions not in ‘‘(2) TAX NOT TO APPLY TO FAILURES COR- as follows: excess of 6 percent of compensation (within RECTED WITHIN 30 DAYS.—No tax shall be im- ‘‘(F) APPLICABLE PERCENTAGE.—For pur- the meaning of section 404(a)) paid or ac- posed by subsection (a) on any failure if— poses of subparagraph (A)(i)(I), the applica- crued (during the taxable year for which the ‘‘(A) any person subject to liability for the ble percentage shall be determined in accord- contributions were made) to beneficiaries tax under subsection (d) exercised reasonable ance with the following table: under the plans, or diligence to meet the requirements of sub- ‘‘(B) the sum of— ‘‘In the case of any plan The applicable section (e), and year beginning in— percentage is— ‘‘(i) the amount of contributions described ‘‘(B) such person provides the notice de- 2002 ...... 165 in section 401(m)(4)(A), plus scribed in subsection (e) during the 30-day 2003 ...... 170.’’. ‘‘(ii) the amount of contributions described period beginning on the first date such per- (b) AMENDMENT OF ERISA.—Section in section 402(g)(3)(A). son knew, or exercising reasonable diligence 302(c)(7) of the Employee Retirement Income For purposes of this paragraph, the deduct- would have known, that such failure existed. Security Act of 1974 (29 U.S.C. 1082(c)(7)) is ible limits under section 404(a)(7) shall first ‘‘(3) OVERALL LIMITATION FOR UNINTEN- amended— be applied to amounts contributed to a de- TIONAL FAILURES.—

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‘‘(A) IN GENERAL.—If the person subject to whose rate of future benefit accrual under ‘‘(i) each participant in the plan; and liability for tax under subsection (d) exer- the plan may reasonably be expected to be ‘‘(ii) any beneficiary who is an alternate cised reasonable diligence to meet the re- significantly reduced by such plan amend- payee (within the meaning of section quirements of subsection (e), the tax imposed ment. 206(d)(3)(K)) under an applicable qualified do- by subsection (a) for failures during the tax- ‘‘(2) APPLICABLE PENSION PLAN.—The term mestic relations order (within the meaning able year of the employer (or, in the case of ‘applicable pension plan’ means— of section 206(d)(3)(B)(i)), a multiemployer plan, the taxable year of ‘‘(A) any defined benefit plan, or whose rate of future benefit accrual under the trust forming part of the plan) shall not ‘‘(B) an individual account plan which is the plan may reasonably be expected to be exceed $500,000. For purposes of the preceding subject to the funding standards of section significantly reduced by such plan amend- sentence, all multiemployer plans of which 412. ment. the same trust forms a part shall be treated Such term shall not include a governmental ‘‘(B) The term ‘applicable pension plan’ as 1 plan. plan (within the meaning of section 414(d)) or means— ‘‘(B) TAXABLE YEARS IN THE CASE OF CER- a church plan (within the meaning of section ‘‘(i) any defined benefit plan; or TAIN CONTROLLED GROUPS.—For purposes of 414(e)) with respect to which the election ‘‘(ii) an individual account plan which is this paragraph, if all persons who are treated provided by section 410(d) has not been made. subject to the funding standards of section as a single employer for purposes of this sec- ‘‘(3) EARLY RETIREMENT.—A plan amend- 412 of the Internal Revenue Code of 1986. tion do not have the same taxable year, the ment which eliminates or significantly re- ‘‘(C) A plan amendment which eliminates taxable years taken into account shall be de- duces any early retirement benefit or retire- or significantly reduces any early retirement termined under principles similar to the ment-type subsidy (within the meaning of benefit or retirement-type subsidy (within principles of section 1561. section 411(d)(6)(B)(i)) shall be treated as the meaning of subsection (g)(2)(A)) shall be ‘‘(4) WAIVER BY SECRETARY.—In the case of having the effect of significantly reducing treated as having the effect of significantly a failure which is due to reasonable cause the rate of future benefit accrual. reducing the rate of future benefit accrual.’’. and not to willful neglect, the Secretary may ‘‘(g) NEW TECHNOLOGIES.—The Secretary (c) EFFECTIVE DATES.— waive part or all of the tax imposed by sub- may by regulations allow any notice under (1) IN GENERAL.—The amendments made by section (a) to the extent that the payment of subsection (e) to be provided by using new this section shall apply to plan amendments such tax would be excessive or otherwise in- technologies.’’. taking effect on or after the date of the en- equitable relative to the failure involved. (2) CLERICAL AMENDMENT.—The table of actment of this Act. ‘‘(d) LIABILITY FOR TAX.—The following sections for chapter 43 is amended by adding (2) TRANSITION.—Until such time as the shall be liable for the tax imposed by sub- at the end the following new item: Secretary of the Treasury issues regulations section (a): ‘‘Sec. 4980F. Failure of applicable plans re- under sections 4980F(e)(2) and (3) of the In- ‘‘(1) In the case of a plan other than a mul- ducing benefit accruals to sat- ternal Revenue Code of 1986, and section tiemployer plan, the employer. isfy notice requirements.’’. 204(h)(3) of the Employee Retirement Income ‘‘(2) In the case of a multiemployer plan, Security Act of 1974, as added by the amend- (b) AMENDMENT OF ERISA.—Section 204(h) the plan. ments made by this section, a plan shall be of the Employee Retirement Income Secu- ‘‘(e) NOTICE REQUIREMENTS FOR PLANS SIG- treated as meeting the requirements of such rity Act of 1974 (29 U.S.C. 1054(h)) is amended NIFICANTLY REDUCING BENEFIT ACCRUALS.— sections if it makes a good faith effort to by adding at the end the following new para- ‘‘(1) IN GENERAL.—If an applicable pension comply with such requirements. graphs: plan is amended to provide for a significant ‘‘(3)(A) An applicable pension plan to which (3) SPECIAL NOTICE RULE.— reduction in the rate of future benefit ac- paragraph (1) applies shall not be treated as (A) IN GENERAL.—The period for providing crual, the plan administrator shall provide meeting the requirements of such paragraph any notice required by the amendments written notice to each applicable individual unless, in addition to any notice required to made by this section shall not end before the (and to each employee organization rep- be provided to an individual or organization date which is 3 months after the date of the resenting applicable individuals). under such paragraph, the plan adminis- enactment of this Act. ‘‘(2) NOTICE.—The notice required by para- trator provides the notice described in sub- (B) REASONABLE NOTICE.—The amendments graph (1) shall be written in a manner cal- paragraph (B) to each applicable individual made by this section shall not apply to any culated to be understood by the average plan (and to each employee organization rep- plan amendment taking effect on or after the participant and shall provide sufficient in- resenting applicable individuals). date of the enactment of this Act if, before formation (as determined in accordance with ‘‘(B) The notice required by subparagraph April 25, 2001, notice was provided to partici- regulations prescribed by the Secretary) to (A) shall be written in a manner calculated pants and beneficiaries adversely affected by allow applicable individuals to understand to be understood by the average plan partici- the plan amendment (or their representa- the effect of the plan amendment. The Sec- pant and shall provide sufficient information tives) which was reasonably expected to no- retary may provide a simplified form of no- (as determined in accordance with regula- tify them of the nature and effective date of tice for, or exempt from any notice require- tions prescribed by the Secretary of the the plan amendment. ment, a plan— Treasury) to allow applicable individuals to (d) STUDY.—The Secretary of the Treasury ‘‘(A) which has fewer than 100 participants understand the effect of the plan amend- shall prepare a report on the effects of con- who have accrued a benefit under the plan, ment. The Secretary of the Treasury may versions of traditional defined benefit plans or provide a simplified form of notice for, or ex- to cash balance or hybrid formula plans. ‘‘(B) which offers participants the option empt from any notice requirement, a plan— Such study shall examine the effect of such to choose between the new benefit formula ‘‘(i) which has fewer than 100 participants conversions on longer service participants, and the old benefit formula. who have accrued a benefit under the plan, including the incidence and effects of ‘‘wear ‘‘(3) TIMING OF NOTICE.—Except as provided or away’’ provisions under which participants in regulations, the notice required by para- ‘‘(ii) which offers participants the option earn no additional benefits for a period of graph (1) shall be provided within a reason- to choose between the new benefit formula time after the conversion. As soon as prac- able time before the effective date of the and the old benefit formula. ticable, but not later than 60 days after the plan amendment. ‘‘(C) Except as provided in regulations pre- date of the enactment of this Act, the Sec- ‘‘(4) DESIGNEES.—Any notice under para- scribed by the Secretary of the Treasury, the retary shall submit such report, together graph (1) may be provided to a person des- notice required by subparagraph (A) shall be with recommendations thereon, to the Com- ignated, in writing, by the person to which it provided within a reasonable time before the mittee on Ways and Means and the Com- would otherwise be provided. effective date of the plan amendment. mittee on Education and the Workforce of ‘‘(5) NOTICE BEFORE ADOPTION OF AMEND- ‘‘(D) Any notice under subparagraph (A) the House of Representatives and the Com- MENT.—A plan shall not be treated as failing may be provided to a person designated, in mittee on Finance and the Committee on to meet the requirements of paragraph (1) writing, by the person to which it would oth- Health, Education, Labor, and Pensions of merely because notice is provided before the erwise be provided. the Senate. adoption of the plan amendment if no mate- ‘‘(E) A plan shall not be treated as failing SEC. 505. TREATMENT OF MULTIEMPLOYER rial modification of the amendment occurs to meet the requirements of subparagraph PLANS UNDER SECTION 415. before the amendment is adopted. (A) merely because notice is provided before (a) COMPENSATION LIMIT.— ‘‘(f) DEFINITIONS AND SPECIAL RULES.—For the adoption of the plan amendment if no (1) IN GENERAL.—Paragraph (11) of section purposes of this section— material modification of the amendment oc- 415(b) (relating to limitation for defined ben- ‘‘(1) APPLICABLE INDIVIDUAL.—The term curs before the amendment is adopted. efit plans) is amended to read as follows: ‘applicable individual’ means, with respect ‘‘(F) The Secretary of the Treasury may by ‘‘(11) SPECIAL LIMITATION RULE FOR GOVERN- to any plan amendment— regulations allow any notice under this para- MENTAL AND MULTIEMPLOYER PLANS.—In the ‘‘(A) each participant in the plan, and graph to be provided by using new tech- case of a governmental plan (as defined in ‘‘(B) any beneficiary who is an alternate nologies. section 414(d)) or a multiemployer plan (as payee (within the meaning of section ‘‘(4) For purposes of paragraph (3)— defined in section 414(f)), subparagraph (B) of 414(p)(8)) under an applicable qualified do- ‘‘(A) The term ‘applicable individual’ paragraph (1) shall not apply.’’. mestic relations order (within the meaning means, with respect to any plan amend- (2) CONFORMING AMENDMENT.—Section of section 414(p)(1)(A)), ment— 415(b)(7) (relating to benefits under certain

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collectively bargained plans) is amended by ‘‘(3)(A) In the case of a defined benefit ‘‘(i) IN GENERAL.—The rules of section inserting ‘‘(other than a multiemployer plan, the requirements of paragraph (1)(B)(i) 318(a) shall apply for purposes of determining plan)’’ after ‘‘defined benefit plan’’ in the shall be treated as met with respect to a par- ownership, except that— matter preceding subparagraph (A). ticipant if the administrator provides the ‘‘(I) in applying paragraph (1) thereof, the (b) COMBINING AND AGGREGATION OF participant at least once each year with no- members of an individual’s family shall in- PLANS.— tice of the availability of the pension benefit clude members of the family described in (1) COMBINING OF PLANS.—Subsection (f) of statement and the ways in which the partici- paragraph (4)(D), and section 415 (relating to combining of plans) is pant may obtain such statement. Such no- ‘‘(II) paragraph (4) thereof shall not apply. amended by adding at the end the following: tice shall be provided in written, electronic, ‘‘(ii) DEEMED-OWNED SHARES.—Notwith- ‘‘(3) EXCEPTION FOR MULTIEMPLOYER or other appropriate form, and may be in- standing the employee trust exception in PLANS.—Notwithstanding paragraph (1) and cluded with other communications to the section 318(a)(2)(B)(i), individual shall be subsection (g), a multiemployer plan (as de- participant if done in a manner reasonably treated as owning deemed-owned shares of fined in section 414(f)) shall not be combined designed to attract the attention of the par- the individual. or aggregated— ticipant. ‘‘(A) with any other plan which is not a ‘‘(B) The Secretary may provide that years Solely for purposes of applying paragraph (5), multiemployer plan for purposes of applying in which no employee or former employee this subparagraph shall be applied after the subsection (b)(1)(B) to such other plan, or benefits (within the meaning of section attribution rules of paragraph (5) have been ‘‘(B) with any other multiemployer plan 410(b) of the Internal Revenue Code of 1986) applied. for purposes of applying the limitations es- under the plan need not be taken into ac- ‘‘(4) DISQUALIFIED PERSON.—For purposes of tablished in this section.’’. count in determining the 3-year period under this subsection— (2) CONFORMING AMENDMENT FOR AGGREGA- paragraph (1)(B)(i).’’. ‘‘(A) IN GENERAL.—The term ‘disqualified TION OF PLANS.—Subsection (g) of section 415 (b) CONFORMING AMENDMENTS.— person’ means any person if— (relating to aggregation of plans) is amended (1) Section 105 of the Employee Retirement ‘‘(i) the aggregate number of deemed- by striking ‘‘The Secretary’’ and inserting Income Security Act of 1974 (29 U.S.C. 1025) is owned shares of such person and the mem- ‘‘Except as provided in subsection (f)(3), the amended by striking subsection (d). bers of such person’s family is at least 20 per- Secretary’’. (2) Section 105(b) of such Act (29 U.S.C. cent of the number of deemed-owned shares (c) EFFECTIVE DATE.—The amendments 1025(b)) is amended to read as follows: of stock in the S corporation, or made by this section shall apply to years be- ‘‘(b) In no case shall a participant or bene- ‘‘(ii) in the case of a person not described ginning after December 31, 2001. ficiary of a plan be entitled to more than one in clause (i), the number of deemed-owned SEC. 506. PROTECTION OF INVESTMENT OF EM- statement described in subsection (a)(1)(A) shares of such person is at least 10 percent of PLOYEE CONTRIBUTIONS TO 401(K) or (a)(1)(B)(ii), whichever is applicable, in the number of deemed-owned shares of stock PLANS. any 12-month period.’’. in such corporation. (a) IN GENERAL.—Section 1524(b) of the (c) MODEL STATEMENTS.—The Secretary of ‘‘(B) TREATMENT OF FAMILY MEMBERS.—In Taxpayer Relief Act of 1997 is amended to Labor shall develop a model benefit state- the case of a disqualified person described in read as follows: ment, written in a manner calculated to be subparagraph (A)(i), any member of such per- ‘‘(b) EFFECTIVE DATE.— understood by the average plan participant, son’s family with deemed-owned shares shall ‘‘(1) IN GENERAL.—Except as provided in that may be used by plan administrators in paragraph (2), the amendments made by this be treated as a disqualified person if not oth- complying with the requirements of section erwise treated as a disqualified person under section shall apply to elective deferrals for 105 of the Employee Retirement Income Se- plan years beginning after December 31, 1998. subparagraph (A). curity Act of 1974. ‘‘(C) DEEMED-OWNED SHARES.— ‘‘(2) NONAPPLICATION TO PREVIOUSLY AC- (d) EFFECTIVE DATE.—The amendments ‘‘(i) IN GENERAL.—The term ‘deemed-owned QUIRED PROPERTY.—The amendments made made by this section shall apply to plan shares’ means, with respect to any person— by this section shall not apply to any elec- years beginning after December 31, 2002. tive deferral which is invested in assets con- ‘‘(I) the stock in the S corporation consti- SEC. 508. PROHIBITED ALLOCATIONS OF STOCK tuting employer securities of an employee sisting of qualifying employer securities, IN S CORPORATION ESOP. stock ownership plan which is allocated to qualifying employer real property, or both, if (a) IN GENERAL.—Section 409 (relating to such assets were acquired before January 1, qualifications for tax credit employee stock such person under the plan, and 1999.’’. ownership plans) is amended by redesig- ‘‘(II) such person’s share of the stock in (b) EFFECTIVE DATE.—The amendment nating subsection (p) as subsection (q) and such corporation which is held by such plan made by this section shall apply as if in- by inserting after subsection (o) the fol- but which is not allocated under the plan to cluded in the provision of the Taxpayer Re- lowing new subsection: participants. lief Act of 1997 to which it relates. ‘‘(p) PROHIBITED ALLOCATIONS OF SECURI- ‘‘(ii) PERSON’S SHARE OF UNALLOCATED SEC. 507. PERIODIC PENSION BENEFITS STATE- TIES IN AN S CORPORATION.— STOCK.—For purposes of clause (i)(II), a per- MENTS. ‘‘(1) IN GENERAL.—An employee stock own- son’s share of unallocated S corporation (a) IN GENERAL.—Section 105(a) of the Em- ership plan holding employer securities con- stock held by such plan is the amount of the ployee Retirement Income Security Act of sisting of stock in an S corporation shall unallocated stock which would be allocated 1974 (29 U.S.C. 1025 (a)) is amended to read as provide that no portion of the assets of the to such person if the unallocated stock were follows: plan attributable to (or allocable in lieu of) allocated to all participants in the same pro- ‘‘SEC. 105. (a)(1)(A) The administrator of an such employer securities may, during a non- portions as the most recent stock allocation individual account plan shall furnish a pen- under the plan. sion benefit statement— allocation year, accrue (or be allocated di- ‘‘(D) MEMBER OF FAMILY.—For purposes of ‘‘(i) to a plan participant at least once an- rectly or indirectly under any plan of the this paragraph, the term ‘member of the nually, and employer meeting the requirements of sec- family’ means, with respect to any indi- ‘‘(ii) to a plan beneficiary upon written re- tion 401(a)) for the benefit of any disqualified vidual— quest. person. ‘‘(B) The administrator of a defined benefit ‘‘(2) FAILURE TO MEET REQUIREMENTS.— ‘‘(i) the spouse of the individual, plan shall furnish a pension benefit state- ‘‘(A) IN GENERAL.—If a plan fails to meet ‘‘(ii) an ancestor or lineal descendant of ment— the requirements of paragraph (1), the plan the individual or the individual’s spouse, ‘‘(i) at least once every 3 years to each par- shall be treated as having distributed to any ‘‘(iii) a brother or sister of the individual ticipant with a nonforfeitable accrued ben- disqualified person the amount allocated to or the individual’s spouse and any lineal de- efit who is employed by the employer main- the account of such person in violation of scendant of the brother or sister, and taining the plan at the time the statement is paragraph (1) at the time of such allocation. ‘‘(iv) the spouse of any individual described furnished to participants, and ‘‘(B) CROSS REFERENCE.— in clause (ii) or (iii). ‘‘(ii) to a plan participant or plan bene- ‘‘For excise tax relating to violations of A spouse of an individual who is legally sepa- ficiary of the plan upon written request. paragraph (1) and ownership of synthetic eq- rated from such individual under a decree of ‘‘(2) A pension benefit statement under uity, see section 4979A. divorce or separate maintenance shall not be paragraph (1)— ‘‘(3) NONALLOCATION YEAR.—For purposes of treated as such individual’s spouse for pur- ‘‘(A) shall indicate, on the basis of the lat- this subsection— poses of this subparagraph. est available information— ‘‘(A) IN GENERAL.—The term ‘nonallocation ‘‘(5) TREATMENT OF SYNTHETIC EQUITY.—For ‘‘(i) the total benefits accrued, and year’ means any plan year of an employee purposes of paragraphs (3) and (4), in the case ‘‘(ii) the nonforfeitable pension benefits, if stock ownership plan if, at any time during of a person who owns synthetic equity in the any, which have accrued, or the earliest date such plan year— S corporation, except to the extent provided on which benefits will become nonforfeit- ‘‘(i) such plan holds employer securities in regulations, the shares of stock in such able, consisting of stock in an S corporation, and corporation on which such synthetic equity ‘‘(B) shall be written in a manner cal- ‘‘(ii) disqualified persons own at least 50 is based shall be treated as outstanding culated to be understood by the average plan percent of the number of shares of stock in stock in such corporation and deemed-owned participant, and the S corporation. shares of such person if such treatment of ‘‘(C) may be provided in written, elec- ‘‘(B) ATTRIBUTION RULES.—For purposes of synthetic equity of 1 or more such persons tronic, or other appropriate form. subparagraph (A)— results in—

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‘‘(A) the treatment of any person as a dis- ‘‘(2) SPECIAL RULES RELATING TO TAX IM- tions, be actuarially adjusted to reflect sig- qualified person, or POSED BY REASON OF PARAGRAPH (3) OR (4) OF nificant differences in participants. ‘‘(B) the treatment of any year as a non- SUBSECTION (a).— ‘‘(iv) ELECTION.—An election under clause allocation year. ‘‘(A) PROHIBITED ALLOCATIONS.—The (ii), once made, shall be irrevocable without For purposes of this paragraph, synthetic eq- amount involved with respect to any tax im- the consent of the Secretary.’’. uity shall be treated as owned by a person in posed by reason of subsection (a)(3) is the (b) AMENDMENT OF ERISA.—Paragraph (9) the same manner as stock is treated as amount allocated to the account of any per- of section 302(c) of the Employee Retirement owned by a person under the rules of para- son in violation of section 409(p)(1). Income Security Act of 1974 (29 U.S.C. graphs (2) and (3) of section 318(a). If, with- ‘‘(B) SYNTHETIC EQUITY.—The amount in- 1053(c)) is amended— out regard to this paragraph, a person is volved with respect to any tax imposed by (1) by inserting ‘‘(A)’’ after ‘‘(9)’’; and treated as a disqualified person or a year is reason of subsection (a)(4) is the value of the (2) by adding at the end the following: treated as a nonallocation year, this para- shares on which the synthetic equity is ‘‘(B)(i) Except as provided in clause (ii), graph shall not be construed to result in the based. the valuation referred to in subparagraph (A) person or year not being so treated. ‘‘(C) SPECIAL RULE DURING FIRST NON- shall be made as of a date within the plan ‘‘(6) DEFINITIONS.—For purposes of this sub- ALLOCATION YEAR.—For purposes of subpara- year to which the valuation refers or within section— graph (A), the amount involved for the first one month prior to the beginning of such ‘‘(A) EMPLOYEE STOCK OWNERSHIP PLAN.— nonallocation year of any employee stock year. The term ‘employee stock ownership plan’ ownership plan shall be determined by tak- ‘‘(ii) The valuation referred to in subpara- has the meaning given such term by section ing into account the total value of all the graph (A) may be made as of a date within 4975(e)(7). deemed-owned shares of all disqualified per- the plan year prior to the year to which the ‘‘(B) EMPLOYER SECURITIES.—The term ‘em- sons with respect to such plan. valuation refers if— ployer security’ has the meaning given such ‘‘(D) STATUTE OF LIMITATIONS.—The statu- ‘‘(I) an election is in effect under this term by section 409(l). tory period for the assessment of any tax im- clause with respect to the plan; and ‘‘(C) SYNTHETIC EQUITY.—The term ‘syn- posed by this section by reason of paragraph ‘‘(II) as of such date, the value of the assets thetic equity’ means any stock option, war- (3) or (4) of subsection (a) shall not expire be- of the plan are not less than 125 percent of rant, restricted stock, deferred issuance fore the date which is 3 years from the later the plan’s current liability (as defined in stock right, or similar interest or right that of— paragraph (7)(B)). gives the holder the right to acquire or re- ‘‘(i) the allocation or ownership referred to ‘‘(iii) Information under clause (ii) shall, in ceive stock of the S corporation in the fu- in such paragraph giving rise to such tax, or accordance with regulations, be actuarially ture. Except to the extent provided in regu- ‘‘(ii) the date on which the Secretary is no- adjusted to reflect significant differences in lations, synthetic equity also includes a tified of such allocation or ownership.’’. participants. stock appreciation right, phantom stock (d) EFFECTIVE DATES.— ‘‘(iv) An election under clause (ii), once unit, or similar right to a future cash pay- (1) IN GENERAL.—The amendments made by made, shall be irrevocable without the con- ment based on the value of such stock or ap- this section shall apply to plan years begin- sent of the Secretary of the Treasury.’’. preciation in such value. ning after December 31, 2004. (c) EFFECTIVE DATE.—The amendments ‘‘(7) REGULATIONS.—The Secretary shall (2) EXCEPTION FOR CERTAIN PLANS.—In the made by this section shall apply to plan prescribe such regulations as may be nec- case of any— years beginning after December 31, 2001. essary to carry out the purposes of this sub- (A) employee stock ownership plan estab- SEC. 602. ESOP DIVIDENDS MAY BE REINVESTED section.’’. lished after March 14, 2001, or WITHOUT LOSS OF DIVIDEND DE- (b) COORDINATION WITH SECTION 4975(e)(7).— (B) employee stock ownership plan estab- DUCTION. The last sentence of section 4975(e)(7) (defin- lished on or before such date if employer se- (a) IN GENERAL.—Section 404(k)(2)(A) (de- ing employee stock ownership plan) is curities held by the plan consist of stock in fining applicable dividends) is amended by amended by inserting ‘‘, section 409(p),’’ after a corporation with respect to which an elec- striking ‘‘or’’ at the end of clause (ii), by re- ‘‘409(n)’’. designating clause (iii) as clause (iv), and by (c) EXCISE TAX.— tion under section 1362(a) of the Internal inserting after clause (ii) the following new (1) APPLICATION OF TAX.—Subsection (a) of Revenue Code of 1986 is not in effect on such clause: section 4979A (relating to tax on certain pro- date, hibited allocations of employer securities) is the amendments made by this section shall ‘‘(iii) is, at the election of such partici- amended— apply to plan years ending after March 14, pants or their beneficiaries— (A) by striking ‘‘or’’ at the end of para- 2001. ‘‘(I) payable as provided in clause (i) or (ii), graph (1), and or TITLE VI—REDUCING REGULATORY ‘‘(II) paid to the plan and reinvested in (B) by striking all that follows paragraph BURDENS (2) and inserting the following: qualifying employer securities, or’’. ‘‘(3) there is any allocation of employer se- SEC. 601. MODIFICATION OF TIMING OF PLAN (b) STANDARDS FOR DISALLOWANCE.—Sec- curities which violates the provisions of sec- VALUATIONS. tion 404(k)(5)(A) (relating to disallowance of tion 409(p), or a nonallocation year described (a) AMENDMENT OF INTERNAL REVENUE deduction) is amended by inserting ‘‘avoid- in subsection (e)(2)(C) with respect to an em- CODE.—Paragraph (9) of section 412(c) (relat- ance or’’ before ‘‘evasion’’. ployee stock ownership plan, or ing to annual valuation) is amended to read (c) EFFECTIVE DATE.—The amendments ‘‘(4) any synthetic equity is owned by a dis- as follows: made by this section shall apply to taxable qualified person in any nonallocation year, ‘‘(9) ANNUAL VALUATION.— years beginning after December 31, 2001. there is hereby imposed a tax on such alloca- ‘‘(A) IN GENERAL.—For purposes of this sec- SEC. 603. REPEAL OF TRANSITION RULE RELAT- tion, a determination of experience gains and ING TO CERTAIN HIGHLY COM- tion or ownership equal to 50 percent of the PENSATED EMPLOYEES. amount involved.’’. losses and a valuation of the plan’s liability (a) IN GENERAL.—Paragraph (4) of section (2) LIABILITY.—Section 4979A(c) (defining shall be made not less frequently than once 1114(c) of the Tax Reform Act of 1986 is here- liability for tax) is amended to read as fol- every year, except that such determination by repealed. lows: shall be made more frequently to the extent (b) EFFECTIVE DATE.—The repeal made by ‘‘(c) LIABILITY FOR TAX.—The tax imposed required in particular cases under regula- by this section shall be paid— tions prescribed by the Secretary. subsection (a) shall apply to plan years be- ‘‘(1) in the case of an allocation referred to ‘‘(B) VALUATION DATE.— ginning after December 31, 2001. in paragraph (1) or (2) of subsection (a), by— ‘‘(i) CURRENT YEAR.—Except as provided in SEC. 604. EMPLOYEES OF TAX-EXEMPT ENTITIES. ‘‘(A) the employer sponsoring such plan, or clause (ii), the valuation referred to in sub- (a) IN GENERAL.—The Secretary of the ‘‘(B) the eligible worker-owned coopera- paragraph (A) shall be made as of a date Treasury shall modify Treasury Regulations tive, within the plan year to which the valuation section 1.410(b)–6(g) to provide that employ- which made the written statement described refers or within one month prior to the be- ees of an organization described in section in section 664(g)(1)(E) or in section ginning of such year. 403(b)(1)(A)(i) of the Internal Revenue Code 1042(b)(3)(B) (as the case may be), and ‘‘(ii) ELECTION TO USE PRIOR YEAR VALU- of 1986 who are eligible to make contribu- ‘‘(2) in the case of an allocation or owner- ATION.—The valuation referred to in subpara- tions under section 403(b) of such Code pursu- ship referred to in paragraph (3) or (4) of sub- graph (A) may be made as of a date within ant to a salary reduction agreement may be section (a), by the S corporation the stock in the plan year prior to the year to which the treated as excludable with respect to a plan which was so allocated or owned.’’. valuation refers if— under section 401(k) or (m) of such Code that (3) DEFINITIONS.—Section 4979A(e) (relating ‘‘(I) an election is in effect under this is provided under the same general arrange- to definitions) is amended to read as follows: clause with respect to the plan, and ment as a plan under such section 401(k), if— ‘‘(e) DEFINITIONS AND SPECIAL RULES.—For ‘‘(II) as of such date, the value of the assets (1) no employee of an organization de- purposes of this section— of the plan are not less than 125 percent of scribed in section 403(b)(1)(A)(i) of such Code ‘‘(1) DEFINITIONS.—Except as provided in the plan’s current liability (as defined in is eligible to participate in such section paragraph (2), terms used in this section paragraph (7)(B)). 401(k) plan or section 401(m) plan; and have the same respective meanings as when ‘‘(iii) ADJUSTMENTS.—Information under (2) 95 percent of the employees who are not used in sections 409 and 4978. clause (ii) shall, in accordance with regula- employees of an organization described in

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.077 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1731 section 403(b)(1)(A)(i) of such Code are eligi- have the respective meanings given such ‘‘(D) In the case that the plan fails to meet ble to participate in such plan under such terms by such section. the requirements of subparagraphs (A), (B) section 401(k) or (m). (b) SIMPLIFIED ANNUAL FILING REQUIRE- and (C), the plan— (b) EFFECTIVE DATE.—The modification re- MENT FOR PLANS WITH FEWER THAN 25 EM- ‘‘(i) satisfies subparagraph (B), as in effect quired by subsection (a) shall apply as of the PLOYEES.—In the case of plan years begin- immediately before the enactment of the same date set forth in section 1426(b) of the ning after December 31, 2002, the Secretary Tax Reform Act of 1986, Small Business Job Protection Act of 1996. of the Treasury and the Secretary of Labor ‘‘(ii) is submitted to the Secretary for a de- SEC. 605. CLARIFICATION OF TREATMENT OF EM- shall provide for the filing of a simplified an- termination of whether it satisfies the re- PLOYER-PROVIDED RETIREMENT nual return for any retirement plan which quirement described in clause (i), and ADVICE. covers less than 25 employees on the first ‘‘(iii) satisfies conditions prescribed by the (a) IN GENERAL.—Subsection (a) of section day of a plan year and which meets the re- Secretary by regulation that appropriately 132 (relating to exclusion from gross income) quirements described in subparagraphs (B), limit the availability of this subparagraph. is amended by striking ‘‘or’’ at the end of (D), and (E) of subsection (a)(2). Clause (ii) shall apply only to the extent pro- paragraph (5), by striking the period at the (c) EFFECTIVE DATE.—The provisions of vided by the Secretary.’’. end of paragraph (6) and inserting ‘‘, or’’, and this section shall take effect on January 1, (2) EFFECTIVE DATES.— by adding at the end the following new para- 2002. (A) IN GENERAL.—The amendment made by graph: SEC. 607. IMPROVEMENT OF EMPLOYEE PLANS paragraph (1) shall apply to years beginning ‘‘(7) qualified retirement planning serv- COMPLIANCE RESOLUTION SYSTEM. after December 31, 2003. ices.’’. The Secretary of the Treasury shall con- (B) CONDITIONS OF AVAILABILITY.—Any con- (b) QUALIFIED RETIREMENT PLANNING SERV- tinue to update and improve the Employee dition of availability prescribed by the Sec- ICES DEFINED.—Section 132 is amended by re- Plans Compliance Resolution System (or any retary under regulations prescribed by the designating subsection (m) as subsection (n) successor program) giving special attention Secretary under section 410(b)(1)(D) of the and by inserting after subsection (l) the fol- to— Internal Revenue Code of 1986 shall not apply lowing: (1) increasing the awareness and knowledge before the first year beginning not less than ‘‘(m) QUALIFIED RETIREMENT PLANNING of small employers concerning the avail- 120 days after the date on which such condi- SERVICES.— ability and use of the program; tion is prescribed. ‘‘(1) IN GENERAL.—For purposes of this sec- (2) taking into account special concerns (c) LINE OF BUSINESS RULES.—The Sec- tion, the term ‘qualified retirement planning and circumstances that small employers face retary of the Treasury shall, on or before De- services’ means any retirement planning ad- with respect to compliance and correction of cember 31, 2003, modify the existing regula- vice or information provided to an employee compliance failures; tions issued under section 414(r) of the Inter- and his spouse by an employer maintaining a (3) extending the duration of the self-cor- nal Revenue Code of 1986 in order to expand qualified employer plan. rection period under the Self-Correction Pro- (to the extent that the Secretary determines ‘‘(2) NONDISCRIMINATION RULE.—Subsection gram for significant compliance failures; appropriate) the ability of a pension plan to (a)(7) shall apply in the case of highly com- (4) expanding the availability to correct in- demonstrate compliance with the line of pensated employees only if such services are significant compliance failures under the business requirements based upon the facts available on substantially the same terms to Self-Correction Program during audit; and and circumstances surrounding the design each member of the group of employees nor- (5) assuring that any tax, penalty, or sanc- and operation of the plan, even though the mally provided education and information tion that is imposed by reason of a compli- plan is unable to satisfy the mechanical regarding the employer’s qualified employer ance failure is not excessive and bears a rea- tests currently used to determine compli- plan. sonable relationship to the nature, extent, ance. ‘‘(3) QUALIFIED EMPLOYER PLAN.—For pur- and severity of the failure. SEC. 610. EXTENSION TO ALL GOVERNMENTAL poses of this subsection, the term ‘qualified SEC. 608. REPEAL OF THE MULTIPLE USE TEST. PLANS OF MORATORIUM ON APPLI- employer plan’ means a plan, contract, pen- (a) IN GENERAL.—Paragraph (9) of section CATION OF CERTAIN NON- sion, or account described in section 401(m) is amended to read as follows: DISCRIMINATION RULES APPLICA- BLE TO STATE AND LOCAL PLANS. 219(g)(5).’’. ‘‘(9) REGULATIONS.—The Secretary shall (a) IN GENERAL.— (c) EFFECTIVE DATE.—The amendments prescribe such regulations as may be nec- (1) Subparagraph (G) of section 401(a)(5) of made by this section shall apply to years be- essary to carry out the purposes of this sub- the Internal Revenue Code of 1986 and sub- ginning after December 31, 2001. section and subsection (k), including regula- paragraph (H) of section 401(a)(26) are each SEC. 606. REPORTING SIMPLIFICATION. tions permitting appropriate aggregation of amended by striking ‘‘section 414(d))’’ and all (a) SIMPLIFIED ANNUAL FILING REQUIRE- plans and contributions.’’. that follows and inserting ‘‘section 414(d)).’’. MENT FOR OWNERS AND THEIR SPOUSES.— (b) EFFECTIVE DATE.—The amendment (2) Subparagraph (G) of section 401(k)(3) (1) IN GENERAL.—The Secretary of the made by this section shall apply to years be- and paragraph (2) of section 1505(d) of the Treasury and the Secretary of Labor shall ginning after December 31, 2001. Taxpayer Relief Act of 1997 are each amend- modify the requirements for filing annual re- SEC. 609. FLEXIBILITY IN NONDISCRIMINATION, ed by striking ‘‘maintained by a State or turns with respect to one-participant retire- COVERAGE, AND LINE OF BUSINESS local government or political subdivision RULES. ment plans to ensure that such plans with thereof (or agency or instrumentality there- (a) NONDISCRIMINATION.— assets of $250,000 or less as of the close of the of)’’. (1) IN GENERAL.—The Secretary of the plan year need not file a return for that year. (b) CONFORMING AMENDMENTS.— (2) ONE-PARTICIPANT RETIREMENT PLAN DE- Treasury shall, by regulation, provide that a (1) The heading for subparagraph (G) of FINED.—For purposes of this subsection, the plan shall be deemed to satisfy the require- section 401(a)(5) is amended to read as fol- ments of section 401(a)(4) of the Internal term ‘‘one-participant retirement plan’’ lows: ‘‘GOVERNMENTAL PLANS.—’’. means a retirement plan that— Revenue Code of 1986 if such plan satisfies (2) The heading for subparagraph (H) of (A) on the first day of the plan year— the facts and circumstances test under sec- section 401(a)(26) is amended to read as fol- tion 401(a)(4) of such Code, as in effect before (i) covered only the employer (and the em- lows: ‘‘EXCEPTION FOR GOVERNMENTAL January 1, 1994, but only if— ployer’s spouse) and the employer owned the PLANS.—’’. entire business (whether or not incor- (A) the plan satisfies conditions prescribed (3) Subparagraph (G) of section 401(k)(3) is by the Secretary to appropriately limit the porated); or amended by inserting ‘‘GOVERNMENTAL availability of such test; and (ii) covered only one or more partners (and PLANS.—’’ after ‘‘(G)’’. their spouses) in a business partnership (in- (B) the plan is submitted to the Secretary (c) EFFECTIVE DATE.—The amendments cluding partners in an S or C corporation); for a determination of whether it satisfies made by this section shall apply to years be- (B) meets the minimum coverage require- such test. ginning after December 31, 2001. ments of section 410(b) of the Internal Rev- Subparagraph (B) shall only apply to the ex- SEC. 611. NOTICE AND CONSENT PERIOD RE- enue Code of 1986 without being combined tent provided by the Secretary. GARDING DISTRIBUTIONS. with any other plan of the business that cov- (2) EFFECTIVE DATES.— (a) EXPANSION OF PERIOD.— ers the employees of the business; (A) REGULATIONS.—The regulation required (1) AMENDMENT OF INTERNAL REVENUE (C) does not provide benefits to anyone ex- by paragraph (1) shall apply to years begin- CODE.— cept the employer (and the employer’s ning after December 31, 2003. (A) IN GENERAL.—Subparagraph (A) of sec- spouse) or the partners (and their spouses); (B) CONDITIONS OF AVAILABILITY.—Any con- tion 417(a)(6) is amended by striking ‘‘90- (D) does not cover a business that is a dition of availability prescribed by the Sec- day’’ and inserting ‘‘180-day’’. member of an affiliated service group, a con- retary under paragraph (1)(A) shall not apply (B) MODIFICATION OF REGULATIONS.—The trolled group of corporations, or a group of before the first year beginning not less than Secretary of the Treasury shall modify the businesses under common control; and 120 days after the date on which such condi- regulations under sections 402(f), 411(a)(11), (E) does not cover a business that leases tion is prescribed. and 417 of the Internal Revenue Code of 1986 employees. (b) COVERAGE TEST.— to substitute ‘‘180 days’’ for ‘‘90 days’’ each (3) OTHER DEFINITIONS.—Terms used in (1) IN GENERAL.—Section 410(b)(1) (relating place it appears in Treasury Regulations sec- paragraph (2) which are also used in section to minimum coverage requirements) is tions 1.402(f)–1, 1.411(a)–11(c), and 1.417(e)– 414 of the Internal Revenue Code of 1986 shall amended by adding at the end the following: 1(b).

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.077 pfrm01 PsN: H01PT1 H1732 CONGRESSIONAL RECORD — HOUSE May 1, 2001

(2) AMENDMENT OF ERISA.— ‘‘(H) the Chairman and Ranking Member of TITLE VII—OTHER ERISA PROVISIONS (A) IN GENERAL.—Section 205(c)(7)(A) of the the Committee on Ways and Means of the SEC. 701. MISSING PARTICIPANTS. Employee Retirement Income Security Act House of Representatives; (a) IN GENERAL.—Section 4050 of the Em- of 1974 (29 U.S.C. 1055(c)(7)(A)) is amended by ‘‘(I) the Chairman and Ranking Member of ployee Retirement Income Security Act of striking ‘‘90-day’’ and inserting ‘‘180-day’’. the Subcommittee on Employer-Employee 1974 (29 U.S.C. 1350) is amended by redesig- (B) MODIFICATION OF REGULATIONS.—The Relations of the Committee on Education nating subsection (c) as subsection (e) and by Secretary of the Treasury shall modify the and the Workforce of the House of Rep- inserting after subsection (b) the following regulations under part 2 of subtitle B of title resentatives; and’’; new subsections: I of the Employee Retirement Income Secu- (4) in subsection (e)(3)— ‘‘(c) MULTIEMPLOYER PLANS.—The corpora- rity Act of 1974 to the extent that they relate (A) by striking ‘‘There shall be not more tion shall prescribe rules similar to the rules to sections 203(e) and 205 of such Act to sub- than 200 additional participants.’’ in sub- in subsection (a) for multiemployer plans stitute ‘‘180 days’’ for ‘‘90 days’’ each place it paragraph (A) and inserting ‘‘The partici- covered by this title that terminate under appears. pants in the National Summit shall also in- section 4041A. (3) EFFECTIVE DATE.—The amendments clude additional participants appointed ‘‘(d) PLANS NOT OTHERWISE SUBJECT TO TITLE.— made by paragraph (1)(A) and (2)(A) and the under this subparagraph.’’; ‘‘(1) TRANSFER TO CORPORATION.—The plan modifications required by paragraph (1)(B) (B) by striking ‘‘one-half shall be ap- administrator of a plan described in para- shall apply to years beginning after Decem- pointed by the President,’’ in subparagraph graph (4) may elect to transfer a missing par- ber 31, 2001. (A)(i) and inserting ‘‘not more than 100 par- ticipant’s benefits to the corporation upon (b) CONSENT REGULATION INAPPLICABLE TO ticipants shall be appointed under this termination of the plan. CERTAIN DISTRIBUTIONS.— clause by the President,’’; ‘‘(2) INFORMATION TO THE CORPORATION.—To (1) IN GENERAL.—The Secretary of the (C) by striking ‘‘one-half shall be appointed the extent provided in regulations, the plan Treasury shall modify the regulations under by the elected leaders of Congress’’ in sub- administrator of a plan described in para- section 411(a)(11) of the Internal Revenue paragraph (A)(ii) and inserting ‘‘not more graph (4) shall, upon termination of the plan, Code of 1986 and under section 205 of the Em- than 100 participants shall be appointed provide the corporation information with re- ployee Retirement Income Security Act of under this clause by the elected leaders of spect to benefits of a missing participant if 1974 to provide that the description of a par- Congress’’; the plan transfers such benefits— ticipant’s right, if any, to defer receipt of a (D) by redesignating subparagraph (B) as ‘‘(A) to the corporation, or distribution shall also describe the con- subparagraph (C); and ‘‘(B) to an entity other than the corpora- sequences of failing to defer such receipt. (E) by inserting after subparagraph (A) the tion or a plan described in paragraph (2) EFFECTIVE DATE.—The modifications re- following new subparagraph: (4)(B)(ii). quired by paragraph (1) shall apply to years ‘‘(B) PRESIDENTIAL AUTHORITY FOR ADDI- ‘‘(3) PAYMENT BY THE CORPORATION.—If ben- beginning after December 31, 2001. TIONAL APPOINTMENTS.—The President, in efits of a missing participant were trans- SEC. 612. ANNUAL REPORT DISSEMINATION. consultation with the elected leaders of Con- ferred to the corporation under paragraph (a) REPORT AVAILABLE THROUGH ELEC- gress referred to in subsection (a), may ap- (1), the corporation shall, upon location of TRONIC MEANS.—Section 104(b)(3) of the Em- point under this subparagraph additional the participant or beneficiary, pay to the ployee Retirement Income Security Act of participants to the National Summit. The participant or beneficiary the amount trans- 1974 (29 U.S.C. 1024(b)(3)) is amended by add- number of such additional participants ap- ferred (or the appropriate survivor benefit) ing at the end the following new sentence: pointed under this subparagraph may not ex- either— ‘‘The requirement to furnish information ceed the lesser of 3 percent of the total num- ‘‘(A) in a single sum (plus interest), or under the previous sentence shall be satisfied ber of all additional participants appointed ‘‘(B) in such other form as is specified in if the administrator makes such information under this paragraph, or 10. Such additional regulations of the corporation. reasonably available through electronic participants shall be appointed from persons ‘‘(4) PLANS DESCRIBED.—A plan is described means or other new technology.’’. nominated by the organization referred to in in this paragraph if— (b) EFFECTIVE DATE.—The amendment subsection (b)(2) which is made up of private ‘‘(A) the plan is a pension plan (within the made by this section shall apply to reports sector businesses and associations partnered meaning of section 3(2))— for years beginning after December 31, 2000. with Government entities to promote long ‘‘(i) to which the provisions of this section term financial security in retirement SEC. 613. TECHNICAL CORRECTIONS TO SAVER do not apply (without regard to this sub- ACT. through savings and with which the Sec- section), and Section 517 of the Employee Retirement retary is required thereunder to consult and ‘‘(ii) which is not a plan described in para- Income Security Act of 1974 (29 U.S.C. 1147) is cooperate and shall not be Federal, State, or graphs (2) through (11) of section 4021(b), and amended— local government employees.’’; ‘‘(B) at the time the assets are to be dis- (1) in subsection (a), by striking ‘‘2001 and (5) in subsection (e)(3)(C) (as redesignated), tributed upon termination, the plan— 2005 on or after September 1 of each year in- by striking ‘‘January 31, 1998’’ and inserting ‘‘(i) has missing participants, and volved’’ and inserting ‘‘2001, 2005, and 2009 in ‘‘May 1, 2001, May 1, 2005, and May 1, 2009, for ‘‘(ii) has not provided for the transfer of as- the month of September of each year in- each of the subsequent summits, respec- sets to pay the benefits of all missing par- volved’’; tively’’; ticipants to another pension plan (within the (2) in subsection (b), by adding at the end (6) in subsection (f)(1)(C), by inserting meaning of section 3(2)). the following new sentence: ‘‘To effectuate ‘‘, no later than 90 days prior to the date of ‘‘(5) CERTAIN PROVISIONS NOT TO APPLY.— the purposes of this paragraph, the Secretary the commencement of the National Sum- Subsections (a)(1) and (a)(3) shall not apply may enter into a cooperative agreement, mit,’’ after ‘‘comment’’; to a plan described in paragraph (4).’’. pursuant to the Federal Grant and Coopera- (7) in subsection (g), by inserting ‘‘, in con- (b) CONFORMING AMENDMENTS.—Section tive Agreement Act of 1977 (31 U.S.C. 6301 et sultation with the congressional leaders 206(f) of such Act (29 U.S.C. 1056(f)) is amend- seq.), with the American Savings Education specified in subsection (e)(2),’’ after ‘‘report’’ ed— Council or any other appropriate, qualified the first place it appears; (1) by striking ‘‘title IV’’ and inserting entity.’’; (8) in subsection (i)— ‘‘section 4050’’; and (3) in subsection (e)(2)— (A) by striking ‘‘beginning on or after Oc- (2) by striking ‘‘the plan shall provide (A) by striking ‘‘Committee on Labor and tober 1, 1997’’ in paragraph (1) and inserting that,’’. Human Resources’’ in subparagraph (D) and ‘‘2001, 2005, and 2009’’; and (c) EFFECTIVE DATE.—The amendment inserting ‘‘Committee on Health, Education, (B) by adding at the end the following new made by this section shall apply to distribu- Labor, and Pensions’’; paragraph: tions made after final regulations imple- (B) by striking subparagraph (F) and in- ‘‘(3) RECEPTION AND REPRESENTATION AU- menting subsections (c) and (d) of section serting the following: THORITY.—The Secretary is hereby granted 4050 of the Employee Retirement Income Se- ‘‘(F) the Chairman and Ranking Member of reception and representation authority lim- curity Act of 1974 (as added by subsection the Subcommittee on Labor, Health and ited specifically to the events at the Na- (a)), respectively, are prescribed. Human Services, and Education of the Com- tional Summit. The Secretary shall use any SEC. 702. REDUCED PBGC PREMIUM FOR NEW mittee on Appropriations of the House of private contributions accepted in connection PLANS OF SMALL EMPLOYERS. Representatives and the Chairman and with the National Summit prior to using (a) IN GENERAL.—Subparagraph (A) of sec- Ranking Member of the Subcommittee on funds appropriated for purposes of the Na- tion 4006(a)(3) of the Employee Retirement Labor, Health and Human Services, and Edu- tional Summit pursuant to this paragraph.’’; Income Security Act of 1974 (29 U.S.C. cation of the Committee on Appropriations and 1306(a)(3)(A)) is amended— of the Senate;’’; (9) in subsection (k)— (1) in clause (i), by inserting ‘‘other than a (C) by redesignating subparagraph (G) as (A) by striking ‘‘shall enter into a contract new single-employer plan (as defined in sub- subparagraph (J); and on a sole-source basis’’ and inserting ‘‘may paragraph (F)) maintained by a small em- (D) by inserting after subparagraph (F) the enter into a contract on a sole-source basis’’; ployer (as so defined),’’ after ‘‘single-em- following new subparagraphs: and ployer plan,’’, ‘‘(G) the Chairman and Ranking Member of (B) by striking ‘‘fiscal year 1998’’ and in- (2) in clause (iii), by striking the period at the Committee on Finance of the Senate; serting ‘‘fiscal years 2001, 2005, and 2009’’. the end and inserting ‘‘, and’’, and

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.077 pfrm01 PsN: H01PT1 May 1, 2001 CONGRESSIONAL RECORD — HOUSE H1733 (3) by adding at the end the following new mined under subparagraph (E) for each par- U.S.C. 1344(a)(4)(B)) is amended by striking clause: ticipant shall not exceed $5 multiplied by the ‘‘section 4022(b)(5)’’ and inserting ‘‘section ‘‘(iv) in the case of a new single-employer number of participants in the plan as of the 4022(b)(5)(B)’’. plan (as defined in subparagraph (F)) main- close of the preceding plan year. (2) Section 4044(b) of such Act (29 U.S.C. tained by a small employer (as so defined) ‘‘(ii) For purposes of clause (i), whether an 1344(b)) is amended— for the plan year, $5 for each individual who employer has 25 or fewer employees on the (A) by striking ‘‘(5)’’ in paragraph (2) and is a participant in such plan during the plan first day of the plan year is determined tak- inserting ‘‘(4), (5),’’, and year.’’. ing into consideration all of the employees (B) by redesignating paragraphs (3) (b) DEFINITION OF NEW SINGLE-EMPLOYER of all members of the contributing sponsor’s through (6) as paragraphs (4) through (7), re- PLAN.—Section 4006(a)(3) of the Employee controlled group. In the case of a plan main- spectively, and by inserting after paragraph Retirement Income Security Act of 1974 (29 tained by two or more contributing sponsors, (2) the following new paragraph: U.S.C. 1306(a)(3)) is amended by adding at the the employees of all contributing sponsors ‘‘(3) If assets available for allocation under end the following new subparagraph: and their controlled groups shall be aggre- paragraph (4) of subsection (a) are insuffi- ‘‘(F)(i) For purposes of this paragraph, a gated for purposes of determining whether cient to satisfy in full the benefits of all in- single-employer plan maintained by a con- the 25-or-fewer-employees limitation has dividuals who are described in that para- tributing sponsor shall be treated as a new been satisfied.’’. graph, the assets shall be allocated first to single-employer plan for each of its first 5 (c) EFFECTIVE DATES.— benefits described in subparagraph (A) of plan years if, during the 36-month period (1) SUBSECTION (a).—The amendments made that paragraph. Any remaining assets shall ending on the date of the adoption of such by subsection (a) shall apply to plans estab- then be allocated to benefits described in plan, the sponsor or any member of such lished after December 31, 2001. subparagraph (B) of that paragraph. If assets sponsor’s controlled group (or any prede- (2) SUBSECTION (b).—The amendments made allocated to such subparagraph (B) are insuf- cessor of either) did not establish or main- by subsection (b) shall apply to plan years ficient to satisfy in full the benefits de- tain a plan to which this title applies with beginning after December 31, 2001. scribed in that subparagraph, the assets respect to which benefits were accrued for SEC. 704. AUTHORIZATION FOR PBGC TO PAY IN- shall be allocated pro rata among individuals substantially the same employees as are in TEREST ON PREMIUM OVERPAY- on the basis of the present value (as of the the new single-employer plan. MENT REFUNDS. termination date) of their respective benefits ‘‘(ii)(I) For purposes of this paragraph, the (a) IN GENERAL.—Section 4007(b) of the Em- described in that subparagraph.’’. ployment Retirement Income Security Act term ‘small employer’ means an employer (c) CONFORMING AMENDMENTS.— which on the first day of any plan year has, of 1974 (29 U.S.C. 1307(b)) is amended— (1) Section 4021 of the Employee Retire- in aggregation with all members of the con- (1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’, ment Income Security Act of 1974 (29 U.S.C. trolled group of such employer, 100 or fewer and 1321) is amended— employees. (2) by inserting at the end the following (A) in subsection (b)(9), by striking ‘‘as de- ‘‘(II) In the case of a plan maintained by new paragraph: fined in section 4022(b)(6)’’, and ‘‘(2) The corporation is authorized to pay, two or more contributing sponsors that are (B) by adding at the end the following new subject to regulations prescribed by the cor- not part of the same controlled group, the subsection: poration, interest on the amount of any employees of all contributing sponsors and ‘‘(d) For purposes of subsection (b)(9), the overpayment of premium refunded to a des- controlled groups of such sponsors shall be term ‘substantial owner’ means an indi- ignated payor. Interest under this paragraph aggregated for purposes of determining vidual who, at any time during the 60-month shall be calculated at the same rate and in whether any contributing sponsor is a small period ending on the date the determination the same manner as interest is calculated for employer.’’. is being made— underpayments under paragraph (1).’’. (c) EFFECTIVE DATE.—The amendments ‘‘(1) owns the entire interest in an unincor- (b) EFFECTIVE DATE.—The amendment made by this section shall apply to plans es- porated trade or business, made by subsection (a) shall apply to inter- tablished after December 31, 2001. ‘‘(2) in the case of a partnership, is a part- est accruing for periods beginning not earlier ner who owns, directly or indirectly, more SEC. 703. REDUCTION OF ADDITIONAL PBGC PRE- than the date of the enactment of this Act. MIUM FOR NEW AND SMALL PLANS. than 10 percent of either the capital interest SEC. 705. SUBSTANTIAL OWNER BENEFITS IN or the profits interest in such partnership, or (a) NEW PLANS.—Subparagraph (E) of sec- TERMINATED PLANS. ‘‘(3) in the case of a corporation, owns, di- tion 4006(a)(3) of the Employee Retirement (a) MODIFICATION OF PHASE-INOFGUAR- rectly or indirectly, more than 10 percent in Income Security Act of 1974 (29 U.S.C. ANTEE.—Section 4022(b)(5) of the Employee 1306(a)(3)(E)) is amended by adding at the end Retirement Income Security Act of 1974 (29 value of either the voting stock of that cor- the following new clause: U.S.C. 1322(b)(5)) is amended to read as fol- poration or all the stock of that corporation. ‘‘(v) In the case of a new defined benefit lows: For purposes of paragraph (3), the construc- plan, the amount determined under clause ‘‘(5)(A) For purposes of this paragraph, the tive ownership rules of section 1563(e) of the (ii) for any plan year shall be an amount term ‘majority owner’ means an individual Internal Revenue Code of 1986 shall apply equal to the product of the amount deter- who, at any time during the 60-month period (determined without regard to section mined under clause (ii) and the applicable ending on the date the determination is 1563(e)(3)(C)).’’. percentage. For purposes of this clause, the being made— (2) Section 4043(c)(7) of such Act (29 U.S.C. term ‘applicable percentage’ means— ‘‘(i) owns the entire interest in an unincor- 1343(c)(7)) is amended by striking ‘‘section ‘‘(I) 0 percent, for the first plan year. porated trade or business, 4022(b)(6)’’ and inserting ‘‘section 4021(d)’’. ‘‘(II) 20 percent, for the second plan year. ‘‘(ii) in the case of a partnership, is a part- (d) EFFECTIVE DATES.— ‘‘(III) 40 percent, for the third plan year. ner who owns, directly or indirectly, 50 per- (1) IN GENERAL.—Except as provided in ‘‘(IV) 60 percent, for the fourth plan year. cent or more of either the capital interest or paragraph (2), the amendments made by this ‘‘(V) 80 percent, for the fifth plan year. the profits interest in such partnership, or section shall apply to plan terminations— For purposes of this clause, a defined benefit ‘‘(iii) in the case of a corporation, owns, di- (A) under section 4041(c) of the Employee plan (as defined in section 3(35)) maintained rectly or indirectly, 50 percent or more in Retirement Income Security Act of 1974 (29 by a contributing sponsor shall be treated as value of either the voting stock of that cor- U.S.C. 1341(c)) with respect to which notices a new defined benefit plan for each of its poration or all the stock of that corporation. of intent to terminate are provided under first 5 plan years if, during the 36-month pe- For purposes of clause (iii), the constructive section 4041(a)(2) of such Act (29 U.S.C. riod ending on the date of the adoption of ownership rules of section 1563(e) of the In- 1341(a)(2)) after December 31, 2001, and the plan, the sponsor and each member of ternal Revenue Code of 1986 shall apply (de- (B) under section 4042 of such Act (29 U.S.C. any controlled group including the sponsor termined without regard to section 1342) with respect to which proceedings are (or any predecessor of either) did not estab- 1563(e)(3)(C)). instituted by the corporation after such lish or maintain a plan to which this title ‘‘(B) In the case of a participant who is a date. applies with respect to which benefits were majority owner, the amount of benefits guar- (2) CONFORMING AMENDMENTS.—The amend- accrued for substantially the same employ- anteed under this section shall equal the ments made by subsection (c) shall take ef- ees as are in the new plan.’’. product of— fect on January 1, 2002. (b) SMALL PLANS.—Paragraph (3) of section ‘‘(i) a fraction (not to exceed 1) the numer- SEC. 706. CIVIL PENALTIES FOR BREACH OF FI- 4006(a) of the Employee Retirement Income ator of which is the number of years from DUCIARY RESPONSIBILITY. Security Act of 1974 (29 U.S.C. 1306(a)), as the later of the effective date or the adoption (a) IMPOSITION AND AMOUNT OF PENALTY amended by section 702(b), is amended— date of the plan to the termination date, and MADE DISCRETIONARY.—Section 502(l)(1) of (1) by striking ‘‘The’’ in subparagraph the denominator of which is 10, and the Employee Retirement Income Security (E)(i) and inserting ‘‘Except as provided in ‘‘(ii) the amount of benefits that would be Act of 1974 (29 U.S.C. 1132(l)(1)) is amended— subparagraph (G), the’’, and guaranteed under this section if the partici- (1) by striking ‘‘shall’’ and inserting (2) by inserting after subparagraph (F) the pant were not a majority owner.’’. ‘‘may’’, and following new subparagraph: (b) MODIFICATION OF ALLOCATION OF AS- (2) by striking ‘‘equal to’’ and inserting ‘‘(G)(i) In the case of an employer who has SETS.— ‘‘not greater than’’. 25 or fewer employees on the first day of the (1) Section 4044(a)(4)(B) of the Employee (b) APPLICABLE RECOVERY AMOUNT.—Sec- plan year, the additional premium deter- Retirement Income Security Act of 1974 (29 tion 502(l)(2) of such Act (29 U.S.C. 1132(l)(2))

VerDate 01-MAY-2001 03:22 May 02, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\A01MY7.077 pfrm01 PsN: H01PT1 H1734 CONGRESSIONAL RECORD — HOUSE May 1, 2001 is amended by inserting after ‘‘fiduciary or SEC. 708. STUDIES. (1) the extent of pension plan coverage for other person’’ the following: ‘‘(or from any (a) MODEL SMALL EMPLOYER GROUP PLANS low and middle-income workers, other person on behalf of any such fiduciary STUDY.—As soon as practicable after the (2) the levels of pension plan benefits gen- or other person)’’. date of the enactment of this Act, the Sec- erally, (c) OTHER RULES.—Section 502(l) of the Em- retary of Labor, in consultation with the (3) the quality of pension plan coverage ployee Retirement Income Security Act of Secretary of the Treasury, shall conduct a generally, 1974 (29 U.S.C. 1132(l)) is amended by adding study to determine— (4) workers’ access to and participation in at the end the following new paragraphs: (1) the most appropriate form or forms of— pension plans, and ‘‘(5) A person shall be jointly and severally (A) employee pension benefit plans which (5) retirement security. liable for the penalty described in paragraph would— (1) to the same extent that such person is (i) be simple in form and easily maintained TITLE VIII—PLAN AMENDMENTS jointly and severally liable for the applicable by multiple small employers, and recovery amount on which the penalty is (ii) provide for ready portability of benefits SEC. 801. PROVISIONS RELATING TO PLAN based. for all participants and beneficiaries, AMENDMENTS. ‘‘(6) No penalty shall be assessed under this (B) alternative arrangements providing (a) IN GENERAL.—If this section applies to subsection unless the person against whom comparable benefits which may be estab- any plan or contract amendment— the penalty is assessed is given notice and lished by employee or employer associations, (1) such plan or contract shall be treated as opportunity for a hearing with respect to the and being operated in accordance with the terms violation and applicable recovery amount.’’. (C) alternative arrangements providing of the plan during the period described in (d) EFFECTIVE DATE.—The amendments comparable benefits to which employees may made by this section shall apply to any subsection (b)(2)(A); and contribute in a manner independent of em- breach of fiduciary responsibility or other (2) except as provided by the Secretary of ployer sponsorship, and violation of part 4 of subtitle B of title I of the Treasury, such plan shall not fail to (2) appropriate methods and strategies for the Employee Retirement Income Security meet the requirements of section 411(d)(6) of making pension plan coverage described in Act of 1974 occurring on or after the date of the Internal Revenue Code of 1986 or section paragraph (1) more widely available to the enactment of this Act. 204(g) of the Employee Retirement Income American workers. SEC. 707. BENEFIT SUSPENSION NOTICE. Security Act of 1974 by reason of such (b) MATTERS TO BE CONSIDERED.—In con- amendment. (a) MODIFICATION OF REGULATION.—The ducting the study under subsection (a), the Secretary of Labor shall modify the regula- Secretary of Labor shall consider the ade- (b) AMENDMENTS TO WHICH SECTION AP- tion under subparagraph (B) of section quacy and availability of existing employee PLIES.— 203(a)(3) of the Employee Retirement Income pension benefit plans and the extent to (1) IN GENERAL.—This section shall apply to Security Act of 1974 (29 U.S.C. 1053(a)(3)(B)) which existing models may be modified to be any amendment to any plan or annuity con- to provide that the notification required by more accessible to both employees and em- tract which is made— such regulation in connection with any sus- ployers. (A) pursuant to any amendment made by pension of benefits described in such sub- (c) REPORT.—Not later than 18 months this Act, or pursuant to any regulation paragraph— after the date of the enactment of this Act, issued under this Act; and (1) in the case of an employee who returns the Secretary of Labor shall report the re- (B) on or before the last day of the first to service under the plan after commence- sults of the study under subsection (a), to- plan year beginning on or after January 1, ment of payment of benefits under the plan— gether with the Secretary’s recommenda- 2004. (A) shall be made during the first calendar tions, to the Committee on Education and In the case of a governmental plan (as de- month or payroll period in which the plan the Workforce and the Committee on Ways withholds payments, and fined in section 414(d) of the Internal Rev- and Means of the House of Representatives enue Code of 1986), this paragraph shall be (B) if a reduced rate of future benefit ac- and the Committee on Health, Education, applied by substituting ‘‘2006’’ for ‘‘2004’’. crual will apply to the returning employee Labor, and Pensions and the Committee on (2) CONDITIONS.—This section shall not (as of the first date of participation in the Finance of the Senate. Such recommenda- apply to any amendment unless— plan by the employee after returning to tions shall include one or more model plans (A) during the period— work), shall include a statement that the described in subsection (a)(1)(A) and model (i) beginning on the date the legislative or rate of future benefit accrual will be re- alternative arrangements described in sub- regulatory amendment described in para- duced, and sections (a)(1)(B) and (a)(1)(C) which may graph (1)(A) takes effect (or in the case of a (2) in the case of any employee who is not serve as the basis for appropriate adminis- plan or contract amendment not required by described in paragraph (1)— trative or legislative action. (A) may be included in the summary plan (d) STUDY ON EFFECT OF LEGISLATION.—Not such legislative or regulatory amendment, description for the plan furnished in accord- later than 5 years after the date of the enact- the effective date specified by the plan); and ance with section 104(b) of such Act (29 ment of this Act, the Secretary of Labor (ii) ending on the date described in para- U.S.C. 1024(b)), rather than in a separate no- shall submit to the Committee on Education graph (1)(B) (or, if earlier, the date the plan tice, and and the Workforce of the House of Rep- or contract amendment is adopted), (B) need not include a copy of the relevant resentatives and the Committee on Health, the plan or contract is operated as if such plan provisions. Education, Labor, and Pensions of the Sen- plan or contract amendment were in effect; (b) EFFECTIVE DATE.—The modification ate a report on the effect of the provisions of and made under this section shall apply to plan this Act on pension plan coverage, including (B) such plan or contract amendment ap- years beginning after December 31, 2001. any change in— plies retroactively for such period.

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