Congressional Record United States of America PROCEEDINGS and DEBATES of the 106Th CONGRESS, SECOND SESSION

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

Vol. 146 WASHINGTON, TUESDAY, NOVEMBER 14, 2000 No. 146 House of Representatives The House met at 9 a.m. You are the Lord God living now and FSC REPEAL AND EXTRATERRI- f forever. Amen. TORIAL INCOME EXCLUSION ACT OF 2000 MORNING HOUR DEBATES f Mr. ARCHER. Mr. Speaker, I move to The SPEAKER. Pursuant to the THE JOURNAL suspend the rules and concur in the order of the House of January 19, 1999, Senate amendment to the bill (H.R. The SPEAKER pro tempore. The the Chair will now recognize Members 4986) to amend the Internal Revenue Chair has examined the Journal of the from lists submitted by the majority Code of 1986 to repeal the provisions re- last day’s proceedings and announces and minority leaders for morning hour lating to foreign sales corporations to the House his approval thereof. debates. The Chair will alternate rec- (FSCs) and to exclude extraterritorial Pursuant to clause 1, rule I, the Jour- ognition between the parties, with each income from gross income. nal stands approved. party limited to not to exceed 25 min- The Clerk read as follows: utes, and each Member except the ma- f Senate amendment: jority leader, the minority leader or Strike out all after the enacting clause and the minority whip limited to not to ex- PLEDGE OF ALLEGIANCE insert: ceed 5 minutes, but in no event shall The SPEAKER pro tempore. Will the SECTION 1. SHORT TITLE. debate continue beyond 9:50 a.m. (a) SHORT TITLE.—This Act may be cited as gentlewoman from Ohio (Mrs. JONES) f the ‘‘FSC Repeal and Extraterritorial Income come forward and lead the House in the Exclusion Act of 2000’’. RECESS Pledge of Allegiance. (b) AMENDMENT OF 1986 CODE.—Except as oth- The SPEAKER. Pursuant to clause 12 Mrs. JONES of Ohio led the Pledge of erwise expressly provided, whenever in this Act Allegiance as follows: an amendment or repeal is expressed in terms of of rule I, the Chair declares the House an amendment to, or repeal of, a section or in recess until 10 a.m. I pledge allegiance to the Flag of the United States of America, and to the Repub- other provision, the reference shall be consid- Accordingly (at 9 o’clock and 2 min- ered to be made to a section or other provision utes a.m.), the House stood in recess lic for which it stands, one nation under God, indivisible, with liberty and justice for all. of the Internal Revenue Code of 1986. until 10 a.m. SEC. 2. REPEAL OF FOREIGN SALES CORPORA- f f TION RULES. Subpart C of part III of subchapter N of chap- AFTER RECESS ANNOUNCEMENT BY THE SPEAKER ter 1 (relating to taxation of foreign sales cor- The recess having expired, the House PRO TEMPORE porations) is hereby repealed. SEC. 3. TREATMENT OF EXTRATERRITORIAL IN- was called to order by the Speaker pro The SPEAKER pro tempore. The COME. tempore (Mr. SIMPSON) at 10 a.m. Chair will entertain 1-minute requests (a) IN GENERAL.—Part III of subchapter B of f at the conclusion of legislative busi- chapter 1 (relating to items specifically excluded ness. from gross income) is amended by inserting be- PRAYER fore section 115 the following new section: The Chaplain, the Reverend Daniel P. f ‘‘SEC. 114. EXTRATERRITORIAL INCOME. Coughlin, offered the following prayer: ‘‘(a) EXCLUSION.—Gross income does not in- O God of power and mercy deliver ANNOUNCEMENT BY THE SPEAKER clude extraterritorial income. Your people from every evil; let noth- PRO TEMPORE ‘‘(b) EXCEPTION.—Subsection (a) shall not ing harm the destiny of this Nation. The SPEAKER pro tempore. Pursu- apply to extraterritorial income which is not qualifying foreign trade income as determined Give us the freedom of spirit and the ant to clause 8 of rule XX, the Chair under subpart E of part III of subchapter N. health of mind and body to accomplish announces that he will postpone fur- ‘‘(c) DISALLOWANCE OF DEDUCTIONS.— the work You have set before us. ther proceedings today on each motion ‘‘(1) IN GENERAL.—Any deduction of a tax- May nothing prevent us from making to suspend the rules on which a re- payer allocated under paragraph (2) to right judgments and placing our trust corded vote or the yeas and nays are extraterritorial income of the taxpayer excluded in You. ordered, or on which a vote is objected from gross income under subsection (a) shall not Founded on truth, built on justice to under clause 6 of rule XX. be allowed. ‘‘(2) ALLOCATION.—Any deduction of the tax- and animated by love, may this govern- Any record votes on postponed ques- payer properly apportioned and allocated to the ment serve Your people and grow every tions will be taken after debate has extraterritorial income derived by the taxpayer day toward a more humane balance concluded on all motions to suspend from any transaction shall be allocated on a witnessed by the world. the rules. proportionate basis between—

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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. H11882 CONGRESSIONAL RECORD — HOUSE November 14, 2000

‘‘(A) the extraterritorial income derived from ‘‘(2) SPECIAL RULE FOR COOPERATIVES.—In gross receipts described in subparagraph (A), such transaction which is excluded from gross any case in which an organization to which (B), or (C). income under subsection (a), and part I of subchapter T applies which is engaged Subparagraph (E) shall not apply to a taxpayer ‘‘(B) the extraterritorial income derived from in the marketing of agricultural or horticultural for any taxable year unless at least 50 percent such transaction which is not so excluded. products sells qualifying foreign trade property, of its foreign trading gross receipts (determined ‘‘(d) DENIAL OF CREDITS FOR CERTAIN FOR- in computing the taxable income of such cooper- without regard to this sentence) for such taxable EIGN TAXES.—Notwithstanding any other provi- ative, there shall not be taken into account any year is derived from activities described in sub- sion of this chapter, no credit shall be allowed deduction allowable under subsection (b) or (c) paragraph (A), (B), or (C). under this chapter for any income, war profits, of section 1382 (relating to patronage dividends, ‘‘(2) CERTAIN RECEIPTS EXCLUDED ON BASIS OF and excess profits taxes paid or accrued to any per-unit retain allocations, and nonpatronage USE; SUBSIDIZED RECEIPTS EXCLUDED.—The term foreign country or possession of the United distributions). ‘foreign trading gross receipts’ shall not include States with respect to extraterritorial income ‘‘(c) FOREIGN SALE AND LEASING INCOME.—For receipts of a taxpayer from a transaction if— which is excluded from gross income under sub- purposes of this section— ‘‘(A) the qualifying foreign trade property or services— section (a). ‘‘(1) IN GENERAL.—The term ‘foreign sale and ‘‘(i) are for ultimate use in the United States, ‘‘(e) EXTRATERRITORIAL INCOME.—For pur- leasing income’ means, with respect to any poses of this section, the term ‘extraterritorial or transaction— ‘‘(ii) are for use by the United States or any income’ means the gross income of the taxpayer ‘‘(A) foreign trade income properly allocable instrumentality thereof and such use of quali- attributable to foreign trading gross receipts (as to activities which— fying foreign trade property or services is re- defined in section 942) of the taxpayer.’’. ‘‘(i) are described in paragraph (2)(A)(i) or (3) quired by law or regulation, or (b) QUALIFYING FOREIGN TRADE INCOME.— of section 942(b), and ‘‘(B) such transaction is accomplished by a Part III of subchapter N of chapter 1 is amended ‘‘(ii) are performed by the taxpayer (or any subsidy granted by the government (or any in- by inserting after subpart D the following new person acting under a contract with such tax- strumentality thereof) of the country or posses- subpart: payer) outside the United States, or sion in which the property is manufactured, ‘‘Subpart E—Qualifying Foreign Trade ‘‘(B) foreign trade income derived by the tax- produced, grown, or extracted. Income payer in connection with the lease or rental of ‘‘(3) ELECTION TO EXCLUDE CERTAIN RE- ‘‘Sec. 941. Qualifying foreign trade income. qualifying foreign trade property for use by the CEIPTS.—The term ‘foreign trading gross re- ‘‘Sec. 942. Foreign trading gross receipts. lessee outside the United States. ceipts’ shall not include gross receipts of a tax- ‘‘(2) SPECIAL RULES FOR LEASED PROPERTY.— payer from a transaction if the taxpayer elects ‘‘Sec. 943. Other definitions and special rules. ‘‘(A) SALES INCOME.—The term ‘foreign sale not to have such receipts taken into account for ‘‘SEC. 941. QUALIFYING FOREIGN TRADE INCOME. and leasing income’ includes any foreign trade purposes of this subpart. ‘‘(a) QUALIFYING FOREIGN TRADE INCOME.— income derived by the taxpayer from the sale of ‘‘(b) FOREIGN ECONOMIC PROCESS REQUIRE- For purposes of this subpart and section 114— property described in paragraph (1)(B). MENTS.— ‘‘(1) IN GENERAL.—The term ‘qualifying for- ‘‘(B) LIMITATION IN CERTAIN CASES.—Except ‘‘(1) IN GENERAL.—Except as provided in sub- eign trade income’ means, with respect to any as provided in regulations, in the case of prop- section (c), a taxpayer shall be treated as hav- transaction, the amount of gross income which, erty which— ing foreign trading gross receipts from any if excluded, will result in a reduction of the tax- ‘‘(i) was manufactured, produced, grown, or transaction only if economic processes with re- able income of the taxpayer from such trans- extracted by the taxpayer, or spect to such transaction take place outside the action equal to the greatest of— ‘‘(ii) was acquired by the taxpayer from a re- United States as required by paragraph (2). ‘‘(A) 30 percent of the foreign sale and leasing lated person for a price which was not deter- ‘‘(2) REQUIREMENT.— ‘‘(A) IN GENERAL.—The requirements of this income derived by the taxpayer from such trans- mined in accordance with the rules of section paragraph are met with respect to the gross reaction, 482, ceipts of a taxpayer derived from any trans- ‘‘(B) 1.2 percent of the foreign trading gross the amount of foreign trade income which may receipts derived by the taxpayer from the transaction if— be treated as foreign sale and leasing income ‘‘(i) such taxpayer (or any person acting action, or under paragraph (1)(B) or subparagraph (A) of ‘‘(C) 15 percent of the foreign trade income de- under a contract with such taxpayer) has par- this paragraph with respect to any transaction ticipated outside the United States in the solici- rived by the taxpayer from the transaction. involving such property shall not exceed the In no event shall the amount determined under tation (other than advertising), the negotiation, amount which would have been determined if subparagraph (B) exceed 200 percent of the or the making of the contract relating to such the taxpayer had acquired such property for the amount determined under subparagraph (C). transaction, and price determined in accordance with the rules of ‘‘(2) ALTERNATIVE COMPUTATION.—A taxpayer ‘‘(ii) the foreign direct costs incurred by the section 482. may compute its qualifying foreign trade income taxpayer attributable to the transaction equal ‘‘(3) SPECIAL RULES.— under a subparagraph of paragraph (1) other or exceed 50 percent of the total direct costs at- ‘‘(A) EXCLUDED PROPERTY.—Foreign sale and than the subparagraph which results in the tributable to the transaction. leasing income shall not include any income greatest amount of such income. ‘‘(B) ALTERNATIVE 85-PERCENT TEST.—A tax- properly allocable to excluded property de- payer shall be treated as satisfying the require- ‘‘(3) LIMITATION ON USE OF FOREIGN TRADING scribed in subparagraph (B) of section 943(a)(3) ments of subparagraph (A)(ii) with respect to GROSS RECEIPTS METHOD.—If any person com- (relating to intangibles). putes its qualifying foreign trade income from any transaction if, with respect to each of at ‘‘(B) ONLY DIRECT EXPENSES TAKEN INTO AC- any transaction with respect to any property least 2 subparagraphs of paragraph (3), the for- COUNT.—For purposes of this subsection, any under paragraph (1)(B), the qualifying foreign eign direct costs incurred by such taxpayer at- expense other than a directly allocable expense trade income of such person (or any related per- tributable to activities described in such sub- shall not be taken into account in computing son) with respect to any other transaction in- paragraph equal or exceed 85 percent of the foreign trade income. volving such property shall be zero. total direct costs attributable to activities described in such subparagraph. ‘‘(4) RULES FOR MARGINAL COSTING.—The Sec- ‘‘SEC. 942. FOREIGN TRADING GROSS RECEIPTS. ‘‘(C) DEFINITIONS.—For purposes of this para- retary shall prescribe regulations setting forth ‘‘(a) FOREIGN TRADING GROSS RECEIPTS.— graph— rules for the allocation of expenditures in com- ‘‘(1) IN GENERAL.—Except as otherwise pro- ‘‘(i) TOTAL DIRECT COSTS.—The term ‘total di- puting foreign trade income under paragraph vided in this section, for purposes of this subpart, the term ‘foreign trading gross receipts’ rect costs’ means, with respect to any trans- (1)(C) in those cases where a taxpayer is seeking action, the total direct costs incurred by the tax- to establish or maintain a market for qualifying means the gross receipts of the taxpayer which are— payer attributable to activities described in foreign trade property. paragraph (3) performed at any location by the ‘‘(5) PARTICIPATION IN INTERNATIONAL BOY- ‘‘(A) from the sale, exchange, or other disposi- taxpayer or any person acting under a contract COTTS, ETC.—Under regulations prescribed by tion of qualifying foreign trade property, ‘‘(B) from the lease or rental of qualifying for- with such taxpayer. the Secretary, the qualifying foreign trade in- ‘‘(ii) FOREIGN DIRECT COSTS.—The term ‘foreign trade property for use by the lessee outside come of a taxpayer for any taxable year shall be eign direct costs’ means, with respect to any the United States, reduced (but not below zero) by the sum of— transaction, the portion of the total direct costs ‘‘(C) for services which are related and sub- ‘‘(A) an amount equal to such income multi- which are attributable to activities performed sidiary to— plied by the international boycott factor deter- outside the United States. ‘‘(i) any sale, exchange, or other disposition of mined under section 999, and ‘‘(3) ACTIVITIES RELATING TO QUALIFYING FOR- qualifying foreign trade property by such tax- ‘‘(B) any illegal bribe, kickback, or other pay- EIGN TRADE PROPERTY.—The activities described ment (within the meaning of section 162(c)) paid payer, or in this paragraph are any of the following with by or on behalf of the taxpayer directly or indi- ‘‘(ii) any lease or rental of qualifying foreign respect to qualifying foreign trade property— rectly to an official, employee, or agent in fact trade property described in subparagraph (B) by ‘‘(A) advertising and sales promotion, of a government. such taxpayer, ‘‘(B) the processing of customer orders and the ‘‘(b) FOREIGN TRADE INCOME.—For purposes ‘‘(D) for engineering or architectural services arranging for delivery, of this subpart— for construction projects located (or proposed ‘‘(C) transportation outside the United States ‘‘(1) IN GENERAL.—The term ‘foreign trade infor location) outside the United States, or in connection with delivery to the customer, come’ means the taxable income of the taxpayer ‘‘(E) for the performance of managerial serv- ‘‘(D) the determination and transmittal of a attributable to foreign trading gross receipts of ices for a person other than a related person in final invoice or statement of account or the re- the taxpayer. furtherance of the production of foreign trading ceipt of payment, and November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11883 ‘‘(E) the assumption of credit risk. similar reproductions, and other than computer extraterritorial income which is excluded from ‘‘(4) ECONOMIC PROCESSES PERFORMED BY RE- software (whether or not patented), for commer- gross income under section 114(a). For purposes LATED PERSONS.—A taxpayer shall be treated as cial or home use), goodwill, trademarks, trade of this paragraph, the term ‘withholding tax’ meeting the requirements of this subsection with brands, franchises, or other like property, means any tax which is imposed on a basis other respect to any sales transaction involving any ‘‘(C) oil or gas (or any primary product there- than residence and for which credit is allowable property if any related person has met such re- of), under section 901 or 903. quirements in such transaction or any other ‘‘(D) products the transfer of which is prohib- ‘‘(2) EXCEPTION.—Paragraph (1) shall not sales transaction involving such property. ited or curtailed to effectuate the policy set apply to any taxpayer with respect to ‘‘(c) EXCEPTION FROM FOREIGN ECONOMIC forth in paragraph (2)(C) of section 3 of Public extraterritorial income from any transaction if PROCESS REQUIREMENT.— Law 96–72, or the taxpayer computes its qualifying foreign ‘‘(1) IN GENERAL.—The requirements of sub- ‘‘(E) any unprocessed timber which is a trade income with respect to the transaction section (b) shall be treated as met for any tax- softwood. under section 941(a)(1)(A). able year if the foreign trading gross receipts of For purposes of subparagraph (E), the term ‘un- ‘‘(e) ELECTION TO BE TREATED AS DOMESTIC the taxpayer for such year do not exceed processed timber’ means any log, cant, or similar CORPORATION.— $5,000,000. form of timber. ‘‘(1) IN GENERAL.—An applicable foreign cor- ‘‘(2) RECEIPTS OF RELATED PERSONS AGGRE- ‘‘(4) PROPERTY IN SHORT SUPPLY.—If the poration may elect to be treated as a domestic GATED.—All related persons shall be treated as President determines that the supply of any corporation for all purposes of this title if such one person for purposes of paragraph (1), and property described in paragraph (1) is insuffi- corporation waives all benefits to such corpora- the limitation under paragraph (1) shall be allo- cient to meet the requirements of the domestic tion granted by the United States under any cated among such persons in a manner provided economy, the President may by Executive order treaty. No election under section 1362(a) may be in regulations prescribed by the Secretary. designate the property as in short supply. Any made with respect to such corporation. ‘‘(3) SPECIAL RULE FOR PASS-THRU ENTITIES.— property so designated shall not be treated as ‘‘(2) APPLICABLE FOREIGN CORPORATION.—For In the case of a partnership, S corporation, or qualifying foreign trade property during the pe- purposes of paragraph (1), the term ‘applicable other pass-thru entity, the limitation under riod beginning with the date specified in the Ex- foreign corporation’ means any foreign corpora- paragraph (1) shall apply with respect to the ecutive order and ending with the date specified tion if— partnership, S corporation, or entity and with in an Executive order setting forth the Presi- ‘‘(A) such corporation manufactures, pro- respect to each partner, shareholder, or other dent’s determination that the property is no duces, grows, or extracts property in the ordi- owner. longer in short supply. nary course of such corporation’s trade or busi- ‘‘(b) OTHER DEFINITIONS AND RULES.—For ness, or ‘‘SEC. 943. OTHER DEFINITIONS AND SPECIAL ‘‘(B) substantially all of the gross receipts of RULES. purposes of this subpart— such corporation are foreign trading gross re- ‘‘(a) QUALIFYING FOREIGN TRADE PROP- ‘‘(1) TRANSACTION.— ceipts. ERTY.—For purposes of this subpart— ‘‘(A) IN GENERAL.—The term ‘transaction’ ‘‘(3) PERIOD OF ELECTION.— ‘‘(1) IN GENERAL.—The term ‘qualifying for- means— ‘‘(A) IN GENERAL.—Except as otherwise pro- ‘‘(i) any sale, exchange, or other disposition, eign trade property’ means property— vided in this paragraph, an election under para- ‘‘(A) manufactured, produced, grown, or ex- ‘‘(ii) any lease or rental, and graph (1) shall apply to the taxable year for tracted within or outside the United States, ‘‘(iii) any furnishing of services. which made and all subsequent taxable years ‘‘(B) held primarily for sale, lease, or rental, ‘‘(B) GROUPING OF TRANSACTIONS.—To the ex- unless revoked by the taxpayer. Any revocation in the ordinary course of trade or business for tent provided in regulations, any provision of of such election shall apply to taxable years be- direct use, consumption, or disposition outside this subpart which, but for this subparagraph, ginning after such revocation. the United States, and would be applied on a transaction-by-trans- ‘‘(B) TERMINATION.—If a corporation which ‘‘(C) not more than 50 percent of the fair mar- action basis may be applied by the taxpayer on the basis of groups of transactions based on made an election under paragraph (1) for any ket value of which is attributable to— taxable year fails to meet the requirements of ‘‘(i) articles manufactured, produced, grown, product lines or recognized industry or trade subparagraph (A) or (B) of paragraph (2) for or extracted outside the United States, and usage. Such regulations may permit different any subsequent taxable year, such election shall ‘‘(ii) direct costs for labor (determined under groupings for different purposes. not apply to any taxable year beginning after the principles of section 263A) performed outside ‘‘(2) UNITED STATES DEFINED.—The term such subsequent taxable year. the United States. ‘United States’ includes the Commonwealth of ‘‘(C) EFFECT OF REVOCATION OR TERMI- For purposes of subparagraph (C), the fair mar- Puerto Rico. The preceding sentence shall not NATION.—If a corporation which made an elec- ket value of any article imported into the United apply for purposes of determining whether a tion under paragraph (1) revokes such election States shall be its appraised value, as deter- corporation is a domestic corporation. or such election is terminated under subpara- mined by the Secretary under section 402 of the ‘‘(3) RELATED PERSON.—A person shall be re- graph (B), such corporation (and any successor Tariff Act of 1930 (19 U.S.C. 1401a) in connec- lated to another person if such persons are corporation) may not make such election for tion with its importation, and the direct costs treated as a single employer under subsection any of the 5 taxable years beginning with the for labor under clause (ii) do not include costs (a) or (b) of section 52 or subsection (m) or (o) first taxable year for which such election is not that would be treated under the principles of of section 414, except that determinations under in effect as a result of such revocation or termi- section 263A as direct labor costs attributable to subsections (a) and (b) of section 52 shall be made without regard to section 1563(b). nation. articles described in clause (i). ‘‘(4) SPECIAL RULES.— ‘‘(4) GROSS AND TAXABLE INCOME.—Section 114 ‘‘(2) U.S. TAXATION TO ENSURE CONSISTENT ‘‘(A) REQUIREMENTS.—This subsection shall TREATMENT.—Property which (without regard to shall not be taken into account in determining not apply to an applicable foreign corporation if this paragraph) is qualifying foreign trade prop- the amount of gross income or foreign trade in- such corporation fails to meet the requirements erty and which is manufactured, produced, come from any transaction. (if any) which the Secretary may prescribe to ‘‘(c) SOURCE RULE.—Under regulations, in the grown, or extracted outside the United States ensure that the taxes imposed by this chapter on case of qualifying foreign trade property manu- shall be treated as qualifying foreign trade such corporation are paid. property only if it is manufactured, produced, factured, produced, grown, or extracted within ‘‘(B) EFFECT OF ELECTION, REVOCATION, AND grown, or extracted by— the United States, the amount of income of a TERMINATION.— ‘‘(A) a domestic corporation, taxpayer from any sales transaction with re- ‘‘(i) ELECTION.—For purposes of section 367, a ‘‘(B) an individual who is a citizen or resident spect to such property which is treated as from foreign corporation making an election under of the United States, sources without the United States shall not ex- this subsection shall be treated as transferring ‘‘(C) a foreign corporation with respect to ceed— (as of the first day of the first taxable year to which an election under subsection (e) (relating ‘‘(1) in the case of a taxpayer computing its which the election applies) all of its assets to a to foreign corporations electing to be subject to qualifying foreign trade income under section domestic corporation in connection with an ex- United States taxation) is in effect, or 941(a)(1)(B), the amount of the taxpayer’s for- change to which section 354 applies. ‘‘(D) a partnership or other pass-thru entity eign trade income which would (but for this ‘‘(ii) REVOCATION AND TERMINATION.—For all of the partners or owners of which are de- subsection) be treated as from sources without purposes of section 367, if— scribed in subparagraph (A), (B), or (C). the United States if the foreign trade income ‘‘(I) an election is made by a corporation Except as otherwise provided by the Secretary, were reduced by an amount equal to 4 percent under paragraph (1) for any taxable year, and tiered partnerships or pass-thru entities shall be of the foreign trading gross receipts with respect ‘‘(II) such election ceases to apply for any treated as described in subparagraph (D) if each to the transaction, and subsequent taxable year, of the partnerships or entities is directly or indi- ‘‘(2) in the case of a taxpayer computing its such corporation shall be treated as a domestic rectly wholly owned by persons described in qualifying foreign trade income under section corporation transferring (as of the 1st day of the subparagraph (A), (B), or (C). 941(a)(1)(C), 50 percent of the amount of the first such subsequent taxable year to which ‘‘(3) EXCLUDED PROPERTY.—The term ‘quali- taxpayer’s foreign trade income which would such election ceases to apply) all of its property fying foreign trade property’ shall not include— (but for this subsection) be treated as from to a foreign corporation in connection with an ‘‘(A) property leased or rented by the taxpayer sources without the United States. exchange to which section 354 applies. for use by any related person, ‘‘(d) TREATMENT OF WITHHOLDING TAXES.— ‘‘(C) ELIGIBILITY FOR ELECTION.—The Sec- ‘‘(B) patents, inventions, models, designs, for- ‘‘(1) IN GENERAL.—For purposes of section retary may by regulation designate one or more mulas, or processes whether or not patented, 114(d), any withholding tax shall not be treated classes of corporations which may not make the copyrights (other than films, tapes, records, or as paid or accrued with respect to election under this subsection. H11884 CONGRESSIONAL RECORD — HOUSE November 14, 2000

‘‘(f) RULES RELATING TO ALLOCATIONS OF (4) Section 903 is amended by striking (B) EXISTING FSCS.—This paragraph shall QUALIFYING FOREIGN TRADE INCOME FROM ‘‘164(a)’’ and inserting ‘‘114, 164(a),’’. apply to any controlled foreign corporation (as SHARED PARTNERSHIPS.— (5) Section 999(c)(1) is amended by inserting defined in section 957) if— ‘‘(1) IN GENERAL.—If— ‘‘941(a)(5),’’ after ‘‘908(a),’’. (i) such corporation is a FSC (as so defined) ‘‘(A) a partnership maintains a separate ac- (6) The table of sections for part III of sub- in existence on September 30, 2000, count for transactions (to which this subpart chapter B of chapter 1 is amended by inserting (ii) such corporation is eligible to make the applies) with each partner, before the item relating to section 115 the fol- election under section 943(e) by reason of being ‘‘(B) distributions to each partner with respect lowing new item: described in paragraph (2)(B) of such section, to such transactions are based on the amounts and in the separate account maintained with respect ‘‘Sec. 114. Extraterritorial income.’’. (iii) such corporation makes such election not to such partner, and (7) The table of subparts for part III of sub- later than for its first taxable year beginning ‘‘(C) such partnership meets such other re- chapter N of chapter 1 is amended by striking after December 31, 2001. quirements as the Secretary may by regulations the item relating to subpart E and inserting the (C) OTHER CORPORATIONS.—This paragraph prescribe, following new item: shall apply to any controlled foreign corpora- then such partnership shall allocate to each tion (as defined in section 957), and such cor- partner items of income, gain, loss, and deduc- ‘‘Subpart E. Qualifying foreign trade income.’’. poration shall (notwithstanding any provision tion (including qualifying foreign trade income) (8) The table of subparts for part III of sub- of section 943(e)) be treated as an applicable for- from any transaction to which this subpart ap- chapter N of chapter 1 is amended by striking eign corporation for purposes of section 943(e), plies on the basis of such separate account. the item relating to subpart C. if— ‘‘(2) SPECIAL RULES.—For purposes of this SEC. 5. EFFECTIVE DATE. (i) such corporation is in existence on Sep- tember 30, 2000, subpart, in the case of a partnership to which (a) IN GENERAL.—The amendments made by (ii) as of such date, such corporation is wholly paragraph (1) applies— this Act shall apply to transactions after Sep- owned (directly or indirectly) by a domestic cor- ‘‘(A) any partner’s interest in the partnership tember 30, 2000. poration (determined without regard to any shall not be taken into account in determining (b) NO NEW FSCS; TERMINATION OF INACTIVE whether such partner is a related person with election under section 943(e)), FSCS.— (iii) for each of the 3 taxable years preceding respect to any other partner, and (1) NO NEW FSCS.—No corporation may elect ‘‘(B) the election under section 942(a)(3) shall the first taxable year to which the election after September 30, 2000, to be a FSC (as defined under section 943(e) by such controlled foreign be made separately by each partner with respect in section 922 of the Internal Revenue Code of to any transaction for which the partnership corporation applies— 1986, as in effect before the amendments made (I) all of the gross income of such corporation maintains separate accounts for each partner. by this Act). ‘‘(g) EXCLUSION FOR PATRONS OF AGRICUL- is subpart F income (as defined in section 952), (2) TERMINATION OF INACTIVE FSCS.—If a FSC including by reason of section 954(b)(3)(B), and TURAL AND HORTICULTURAL COOPERATIVES.— has no foreign trade income (as defined in sec- Any amount described in paragraph (1) or (3) of (II) in the ordinary course of such corporation 923(b) of such Code, as so in effect) for any tion’s trade or business, such corporation regu- section 1385(a)— period of 5 consecutive taxable years beginning ‘‘(1) which is received by a person from an or- larly sold (or paid commissions) to a FSC which after December 31, 2001, such FSC shall cease to on September 30, 2000, was a related person to ganization to which part I of subchapter T ap- be treated as a FSC for purposes of such Code plies which is engaged in the marketing of agri- such corporation, for any taxable year beginning after such pe- (iv) such corporation has never made an elec- cultural or horticultural products, and riod. tion under section 922(a)(2) (as in effect before ‘‘(2) which is allocable to qualifying foreign (c) TRANSITION PERIOD FOR EXISTING FOREIGN the date of the enactment of this paragraph) to trade income and designated as such by the or- SALES CORPORATIONS.— be treated as a FSC, and ganization in a written notice mailed to its pa- (1) IN GENERAL.—In the case of a FSC (as so (v) such corporation makes the election under trons during the payment period described in defined) in existence on September 30, 2000, and section 943(e) not later than for its first taxable section 1382(d), at all times thereafter, the amendments made by year beginning after December 31, 2001. shall be treated as qualifying foreign trade in- this Act shall not apply to any transaction in The preceding sentence shall cease to apply as come of such person for purposes of section 114. the ordinary course of trade or business involv- of the date that the domestic corporation re- The taxable income of the organization shall not ing a FSC which occurs— ferred to in clause (ii) ceases to wholly own (di- be reduced under section 1382 by reason of any (A) before January 1, 2002; or rectly or indirectly) such controlled foreign cor- amount to which the preceding sentence applies. (B) after December 31, 2001, pursuant to a poration. ‘‘(h) SPECIAL RULE FOR DISCS.—Section 114 binding contract— (4) RELATED PERSON.—For purposes of this shall not apply to any taxpayer for any taxable (i) which is between the FSC (or any related subsection, the term ‘‘related person’’ has the year if, at any time during the taxable year, the person) and any person which is not a related meaning given to such term by section 943(b)(3). taxpayer is a member of any controlled group of person; and (5) SECTION REFERENCES.—Except as otherwise corporations (as defined in section 927(d)(4), as (ii) which is in effect on September 30, 2000, expressly provided, any reference in this sub- in effect before the date of the enactment of this and at all times thereafter. section to a section or other provision shall be subsection) of which a DISC is a member.’’ For purposes of this paragraph, a binding con- considered to be a reference to a section or other SEC. 4. TECHNICAL AND CONFORMING AMEND- tract shall include a purchase option, renewal provision of the Internal Revenue Code of 1986, MENTS. option, or replacement option which is included as amended by this Act. (1) The second sentence of section in such contract and which is enforceable (d) SPECIAL RULES RELATING TO LEASING 56(g)(4)(B)(i) is amended by inserting before the against the seller or lessor. TRANSACTIONS.— period ‘‘or under section 114’’. (1) SALES INCOME.—If foreign trade income in (2) ELECTION TO HAVE AMENDMENTS APPLY (2) Section 275(a) is amended— connection with the lease or rental of property (A) by striking ‘‘or’’ at the end of paragraph EARLIER.—A taxpayer may elect to have the amendments made by this Act apply to any described in section 927(a)(1)(B) of such Code (4)(A), by striking the period at the end of para- (as in effect before the amendments made by this graph (4)(B) and inserting ‘‘, or’’, and by add- transaction by a FSC or any related person to which such amendments would apply but for Act) is treated as exempt foreign trade income ing at the end of paragraph (4) the following for purposes of section 921(a) of such Code (as new subparagraph: the application of paragraph (1). Such election shall be effective for the taxable year for which so in effect), such property shall be treated as ‘‘(C) such taxes are paid or accrued with re- property described in section 941(c)(1)(B) of such spect to qualifying foreign trade income (as de- made and all subsequent taxable years, and, once made, may be revoked only with the con- Code (as added by this Act) for purposes of ap- fined in section 941).’’; and plying section 941(c)(2) of such Code (as so (B) by adding at the end the following the fol- sent of the Secretary of the Treasury. (3) EXCEPTION FOR OLD EARNINGS AND PROFITS added) to any subsequent transaction involving lowing new sentence: ‘‘A rule similar to the rule such property to which the amendments made of section 943(d) shall apply for purposes of OF CERTAIN CORPORATIONS.— (A) IN GENERAL.—In the case of a foreign cor- by this Act apply. paragraph (4)(C).’’. (2) LIMITATION ON USE OF GROSS RECEIPTS (3) Paragraph (3) of section 864(e) is amend- poration to which this paragraph applies— (i) earnings and profits of such corporation METHOD.—If any person computed its foreign ed— trade income from any transaction with respect (A) by striking ‘‘For purposes of’’ and insert- accumulated in taxable years ending before Oc- tober 1, 2000, shall not be included in the gross to any property on the basis of a transfer price ing: determined under the method described in sec- ‘‘(A) IN GENERAL.—For purposes of’’; and income of the persons holding stock in such cor- tion 925(a)(1) of such Code (as in effect before (B) by adding at the end the following new poration by reason of section 943(e)(4)(B)(i), and the amendments made by this Act), then the subparagraph: (ii) rules similar to the rules of clauses (ii), qualifying foreign trade income (as defined in ‘‘(B) ASSETS PRODUCING EXEMPT (iii), and (iv) of section 953(d)(4)(B) shall apply section 941(a) of such Code, as in effect after EXTRATERRITORIAL INCOME.—For purposes of al- with respect to such earnings and profits. locating and apportioning any interest expense, The preceding sentence shall not apply to earn- such amendment) of such person (or any related there shall not be taken into account any quali- ings and profits acquired in a transaction after person) with respect to any other transaction fying foreign trade property (as defined in sec- September 30, 2000, to which section 381 applies involving such property (and to which the tion 943(a)) which is held by the taxpayer for unless the distributor or transferor corporation amendments made by this Act apply) shall be lease or rental in the ordinary course of trade or was immediately before the transaction a for- zero. business for use by the lessee outside the United eign corporation to which this paragraph ap- The SPEAKER pro tempore. Pursu- States (as defined in section 943(b)(2)).’’. plies. ant to the rule, the gentleman from November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11885 Texas (Mr. ARCHER) and the gentleman the biggest losers will be American Foreign sales corporations from California (Mr. STARK) each will workers whose products will no longer The income of an eligible foreign sales cor- control 20 minutes. have access to the European market on poration (‘‘FSC’’) is partially subject to U.S. The Chair recognizes the gentleman a competitive basis. income tax and partially exempt from U.S. from Texas (Mr. ARCHER). Moreover, I believe that passage of income tax. In addition, a U.S. corporation generally is not subject to U.S. income tax GENERAL LEAVE this legislation today, which reflects a on dividends distributed from the FSC out of Mr. ARCHER. Mr. Speaker, I ask bipartisan compromise with the Sen- certain earnings. unanimous consent that all Members ate, fully agreed to by the administra- A FSC must be located and managed out- may have 5 legislative days within tion, will put us into compliance so side the United States, and must perform which to revise and extend their re- that we can avoid retaliation, even if certain economic processes outside the marks and to include extraneous mate- the EU should challenge the substance United States. A FSC is often owned by a rial on H.R. 4986. of the underlying proposal. U.S. corporation that produces goods in the The SPEAKER pro tempore. Is there Mr. Speaker, we have had a remark- United States. The U.S. corporation either objection to the request of the gen- able economic surge in the past few supplies goods to the FSC for resale abroad years. Failing to act on this legislation or pays the FSC a commission in connection tleman from Texas? with such sales. The income of the FSC, a There was no objection. could very well halt and even reverse portion of which is exempt from U.S. income Mr. ARCHER. Mr. Speaker, I yield that progress. We cannot risk that hap- tax under the FSC rules, equals the FSC’s myself such time as I may consume. pening. gross markup or gross commission income Mr. Speaker, today the House is, The substance of the Senate amendment to less the expenses incurred by the FSC. The once again, considering one of the most H.R. 4986 is identical to title I of H.R. 5542, gross markup or the gross commission is de- important bills of this Congress. It is the ``Taxpayer Relief Act of 2000,'' incor- termined according to specified pricing critical for the continued U.S. competi- porated by reference into the conference re- rules. tiveness in the global marketplace. It port on H.R. 2614. The Senate amendment, A FSC generally is not subject to U.S. in- is critical for our Nation’s economic se- come tax on its exempt foreign trade in- like the language in the conference report on come. The exempt foreign trade income of a curity. Most important, it is critical to H.R. 2614, is a compromise between the FSC is treated as foreign-source income that preserve as many as 5 million jobs for versions of H.R. 4986 passed by the House is not effectively connected with the conduct American workers and their families. and reported by the Finance Committee. Since of a trade or business within the United That is right, almost 5 million jobs the statutory language has been modified States. hang in the balance. slightly from the version of H.R. 4986 reported Foreign trade income, other than exempt Why? Because the U.S. has an ill-ad- by the Committee on Ways and Means, I am foreign trade income, generally is treated as U.S.-source income effectively connected vised, antiquated system that over- introducing into the RECORD an explanation of with the conduct of a trade or business con- taxes our businesses when they operate the Senate amendment prepared by the staff overseas and when they export, placing ducted through a permanent establishment of the Joint Committee on Taxation. This ex- within the United States. Thus, a FSC’s in- them at a gigantic disadvantage planation is substantially identical to the rel- come, other than exempt foreign trade in- against their foreign competitors. This evant Statement of Managers language in come, generally is subject to U.S. tax cur- bill only partially addresses that gi- H.R. 2614. Senator ROTH has similarly en- rently and is treated as U.S.-source income gantic disadvantage, a disadvantage so dorsed this explanation. Accordingly, tax- for purposes of the foreign tax credit limita- great that it is causing major U.S. payers are welcome to rely on this explanation tion. businesses one by one to move overseas (or, for that matter, the Statement of Managers Foreign trade income of a FSC is defined as the FSC’s gross income attributable to instead of being headquartered in the language in H.R. 2614) for guidance in inter- United States of America. This was foreign trading gross receipts. Foreign trad- preting the statute. ing gross receipts generally are the gross re- evidenced recently by Chrysler becom- TECHNICAL EXPLANATION OF THE SENATE ceipts attributable to the following types of ing a German-based corporation, no AMENDMENT TO H.R. 4986, THE ‘‘FSC RE- transactions: the sale of export property; the longer headquartered in the U.S. PEAL AND EXTRATERRITORIAL INCOME EX- lease or rental of export property; services Mr. Speaker, we must pass this bill CLUSION ACT OF 2000’’ related and subsidiary to such a sale or lease and have it signed into law imme- I. INTRODUCTION of export property; engineering and architec- diately if we are to avert what could be This document, prepared by the staff of the tural services for projects outside the United the mother of all trade wars with the Joint Committee on Taxation, is a technical States; and export management services. In- European Union. Last summer, the explanation of H.R. 4986 as passed by the vestment income and carrying charges are excluded from the definition of foreign trad- World Trade Organization ruled that Senate on November 1, 2000. H.R. 4986 was passed by the House of Representatives on ing gross receipts. our foreign sales corporation provi- The term ‘‘export property’’ generally sions in the U.S. Tax Code violated September 13, 2000. The Senate Finance Com- mittee favorably reported the bill with an means property (1) which is manufactured, global trading rules. The U.S. appealed amendment on September 19, 2000. The con- produced, grown or extracted in the United the decision, but lost; and the WTO set ference agreement to H.R. 2614 included leg- States by a person other than a FSC; (2) an original deadline of October 1 for islation that resolved the differences be- which is held primarily for sale, lease, or the U.S. to comply with the decision. tween the House and Senate on this matter. rental in the ordinary course of a trade or Despite a heroic effort by a bipartisan The Senate amendment to H.R. 4986, as business for direct use or consumption out- passed by the Senate on November 1, 2000, side the United States; and (3) not more than majority of members on the Com- 50 percent of the fair market value of which mittee on Ways and Means, the Senate adopts the compromise language of the conference agreement to H.R. 2614. is attributable to articles imported into the Finance Committee, the White House, United States. The term ‘‘export property’’ the Treasury, and the work of the II. OVERVIEW OF PRESENT-LAW FOREIGN SALES does not include property leased or rented by Joint Committee on Taxation, we were CORPORATION RULES a FSC for use by any member of a controlled unable to meet the October 1 deadline. Summary of U.S. income taxation of foreign per- group of which the FSC is a member; pat- Now, to avoid immediate retaliation sons ents, copyrights (other than films, tapes, by the EU, the U.S. entered into an Income earned by a foreign corporation records, similar reproductions, and other agreement with the EU which moved from its foreign operations generally is sub- than computer software, whether or not pat- ject to U.S. tax only when such income is ented), and other intangibles; oil or gas (or the deadline to November 1. Now that distributed to a U.S. persons that hold stock any primary product thereof); unprocessed has also passed by. If we do not have in such corporation. Accordingly, a U.S. per- softwood timber; or products the export of this legislation signed into law by No- son that conducts foreign operations through which is prohibited or curtailed. Export vember 17, the EU will begin the ugly a foreign corporation generally is subject to property also excludes property designated and devastating process of trade retal- U.S. tax on the income from those oper- by the President as being in short supply. iation against American products, our ations when the income is repatriated to the If export property is sold to a FSC by a re- workers, and our businesses. The clock United States through a dividend distribu- lated person (or a commission is paid by a re- is ticking, and only by acting now can tion to the U.S. person. The income is related person to a FSC with respect to export ported on the U.S. person’s tax return for the property), the income with respect to the ex- we avoid a transatlantic trade war year the distribution is received, and the port transaction must be allocated between which will be destructive to all parties, United States imposes tax on such income at the FSC and the related person. The taxable perhaps to the world. There will be no that time. An indirect foreign tax credit may income of the FSC and the taxable income of winners in such a war, only losers; and reduce the U.S. tax imposed on such income. the related person are computed based upon H11886 CONGRESSIONAL RECORD — HOUSE November 14, 2000 a transfer price determined under section 482 gross receipts’’ derived by the taxpayer from grouping method, ti is intended that tax- or under one of two formulas specified in the the transaction, (2) 15 percent of the ‘‘foreign payers be given reasonable flexibility to FSC provisions. trade income’’ derived by the taxpayer from identify product lines or groups on the basis The portion of a FSC’s foreign trade in- the transaction, or (3) 30 percent of the ‘‘for- of recognized industry or trade usage. In gen- come that is treated as exempt foreign trade eign sale and leasing income’’ derived by the eral, provided that the taxpayer’s grouping income depends on the pricing rule used to taxpayer from the transaction. The amount is not unreasonable, it will not be rejected determine the income of the FSC. If the of qualifying foreign trade income derived merely because the grouped products fall amount of income earned by the FSC is using 1.2 percent of the foreign trading gross within more than one of the two-digit Stand- based on section 482 pricing, the exempt for- receipts is limited to 200 percent of the quali- ard Industrial Classification codes. The Sec- eign trade income generally is 30 percent of fying foreign trade income that would result retary of the Treasury is granted authority the foreign trade income the FSC derives using 15 percent of the foreign trade income. to prescribe rules for grouping transactions from a transaction. If the income earned by Notwithstanding the general rule that quali- in determining qualifying foreign trade in- the FSC is determined under one of the two fying foreign trade income is based on one of come. formulas specified in the FSC provisions, the the three calculations that results in the Qualifying foreign trade income must be exempt foreign trade income generally is 15/ greatest reduction in taxable income, a tax- reduced by illegal bribes, kickbacks and 23 of the foreign trade income the FSC de- payer may choose instead to use one of the similar payments, and by a factor for oper- rives from the transaction. other two calculations that does not result ations in or related to a country associated A FSC is not required or deemed to make in the greatest reduction in taxable income. in carrying out an international boycott, or distributions to its shareholders. Actual dis- Although these calculations are determined participating or cooperating with an inter- tributions are treated as being made first by reference to a reduction of taxable in- national boycott. out of earnings and profits attributable to come (a net income concept), qualifying for- In addition, the Senate amendment directs foreign trade income, and then out of any eign trade income is an exclusion from gross the Secretary of the Treasury to prescribe rules for marginal costing in those cases in other earnings and profits. A U.S. corpora- income. Hence, once a taxpayer determines which a taxpayer is seeking to establish or tion generally is allowed a 100 percent divi- the appropriate reduction of taxable income, maintain a market for qualifying foreign dends-received deduction for amounts dis- that amount must be ‘‘grossed up’’ for re- trade property. tributed from a FSC out of earnings and lated expenses in order to determine the profits attributable to foreign trade income. amount of gross income excluded. Foreign trading gross receipts The 100 percent dividends-received deduction If a taxpayer uses 1.2 percent of foreign Under the Senate amendment, ‘‘foreign is not allowed for nonexempt foreign trade trading gross receipts to determine the trading gross receipts’’ are gross receipts de- income determined under section 482 pricing. amount of qualifying foreign trade income rived from certain activities in connection Any distributions made by a FSC out of with respect to a transaction, the taxpayer with ‘‘qualifying foreign trade property’’ earnings and profits attributable to foreign or any other related persons will be treated with respect to which certain ‘‘economic trade income to a foreign shareholder is as having no qualifying foreign trade income processes’’ take place outside of the United treated as U.S.-source income that is effec- with respect to any other transaction involv- States. Specifically, the gross receipts must tively connected with a business conducted ing the same property. For example, assume be (1) from the sale, exchange, or other dis- through a permanent establishment of the that a manufacturer and a distributor of the position of qualifying foreign trade property; shareholder within the United States. Thus, same product are related persons. The manu- (2) from the lease or rental of qualifying for- the foreign shareholder is subject to U.S. tax facturer sells the product to the distributor eign trade property for use by the lessee out- on such a distribution. at an arm’s-length price of $80 (generating side of the United States; (3) for services $30 of profit) and the distributor sells the which are related and subsidiary to the sale, III. TECHNICAL EXPLANATION OF THE SENATE product to an unrelated customer outside of exchange, disposition, lease, or rental of AMENDMENT TO H.R. 4986 the United States for $100 (generating $20 of qualifying foreign trade property (as de- Overview profit). If the distributor chooses to cal- scribed above); (4) for engineering or archi- The Senate amendment repeals the culate its qualifying foreign trade income on tectural services for construction projects present-law FSC rules and replaces them the basis of 1.2 percent of foreign trading located outside of the United States; or (5) with an exclusion for extraterritorial in- gross receipts, then the manufacturer will be for the performance of certain managerial come. The Senate amendment, like the Sen- considered to have no qualifying foreign services for unrelated persons. Gross receipts ate Finance Committee reported version of trade income and, thus, would have no ex- from the lease or rental of qualifying foreign the bill, does not include the provision in the cluded income. The distributor’s qualifying trade property include gross receipts from House bill that provides a dividends-received foreign trade income would be 1.2 percent of the license of qualifying foreign trade prop- deduction for certain dividends allocable to $100, and the manufacturer’s qualifying for- erty. Consistent with the policy adopted in qualifying foreign trade income. The Senate eign trade income would be zero. This limi- the Taxpayer Relief Act of 1997, this includes amendment adopts the compromise language tation is intended to prevent a duplication of the license of computer software for repro- of the conference agreement to H.R. 2614. exclusions from gross income because the duction abroad. distributor’s $100 of gross receipts includes Foreign trading gross receipts do not in- Repeal of the FSC rules the $80 of gross receipts of the manufacturer. clude gross receipts from a transaction if the The Senate amendment repeals the Absent this limitation, $80 of gross receipts qualifying foreign trade property or services present-law FSC rules found in sections 921 would have been double counted for purposes are for ultimate use in the United States, or through 927 of the Code. of the exclusion. If both persons were per- for use by the United States (or an instru- Exclusion of extraterritorial income mitted to use 1.2 percent of their foreign mentality thereof) and such use is required The Senate amendment provides that gross trading gross receipts in this example, then by law or regulation. Foreign trading gross receipts also do not include gross receipts income for U.S. tax purposes does not in- the related-person group would have an ex- from a transaction that is accomplished by a clude extraterritorial income. Because the clusion based on $180 of foreign trading gross subsidy granted by the government (or any exclusion of such extraterritorial income is a receipts notwithstanding that the related- instrumentality thereof) of the country or means of avoiding double taxation, no for- person group really only generated $100 of possession in which the property is manufac- eign tax credit is allowed for income taxes gross receipts from the transaction. How- tured. paid with respect to such excluded income. ever, if the distributor chooses to calculate its qualifying foreign trade income on the A taxpayer may elect to treat gross re- Extraterritorial income is eligible for the ex- ceipts from a transaction as not foreign trad- clusion to the extent that it is ‘‘qualifying basis of 15 percent of foreign trade income (15 percent of $20 of profit), then the manufac- ing gross receipts. As a consequence of such foreign trade income.’’ Because U.S. income an election, the taxpayer could utilize any tax principles generally deny deductions for turer would also be eligible to calculate its qualifying foreign trade income in the same related foreign tax credits in lieu of the ex- expenses related to exempt income, other- clusion as a means of avoiding double tax- wise deductible expenses that are allocated manner (15 percent of $30 of profit). Thus, in the second case, each related person may ex- ation. It is intended that this election be ac- to qualifying foreign trade income generally complished by the taxpayer’s treatment of are disallowed. clude an amount of income based on their respective profits. The total foreign trade in- such items on its tax return for the taxable The Senate amendment applies in the same year. Provided that the taxpayer’s taxable manner with respect to both individuals and come of the related-person group is $50. Ac- cordingly, allowing each person to calculate year is still open under the statute of limita- corporations who are U.S. taxpayers. In additions for making claims for refund under section, the exclusion from gross income applies the exclusion based on their respective foreign trade income does not result in duplication 6511, a taxpayer can make redetermina- for individual and corporate alternative min- tions as to whether the gross receipts from a imum tax purposes. tion of exclusions. Under the Senate amendment, a taxpayer transaction constitute foreign trading gross Qualifying foreign trade income may determine the amount of qualifying for- receipts. Under the Senate amendment, qualifying eign trade income either on a transaction- Foreign economic processes foreign trade income is the amount of gross by-transaction basis or on an aggregate basis Under the Senate amendment, gross re- income that, if excluded, would result in a for groups of transactions, so long as the ceipts from a transaction are foreign trading reduction of taxable income by the greatest groups are based on product lines or recog- gross receipts only if certain economic proc- of (1) 1.2 percent of the ‘‘foreign trading nized industry or trade usage. Under the esses take place outside of the United States. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11887 The foreign economic processes requirement ther the engine or the airframe, whichever is payer from a related person for a price that is satisfied if the taxpayer (or any person shorter, and (3) the terms under which the was other than arm’s length. In such cases, acting under a contract with the taxpayer) aircraft engine was sold were directly and foreign sale and leasing income may not ex- participates outside of the United States in separately negotiated between the manufac- ceed the amount of foreign sale and leasing the solicitation (other than advertising), ne- turer of the aircraft engine and the person to income that would have resulted if the tax- gotiation, or making of the contract relating whom the aircraft will be ultimately deliv- payer had acquired the leased property in a to such transaction and incurs a specified ered. By articulating this application of the hypothetical arm’s-length purchase and then amount of foreign direct costs attributable foreign destination test in the case of certain engaged in the actual sale or lease of such to the transaction. For this purpose, foreign separable aircraft engines, no inference is in- property. For example, if a manufacturer direct costs include only those costs incurred tended with respect to the application of any leases qualifying foreign trade property that in the following categories of activities: (1) destination test under present law or with it manufactured, the foreign sale and leasing advertising and sales promotion; (2) the proc- respect to any other rule of law outside the income derived from that lease may not ex- essing of customer orders and the arranging Senate amendment. ceed the amount of foreign sale and leasing for delivery; (3) transportation outside of the The Senate amendment excludes certain income that the manufacturer would have United States in connection with delivery to property from the definition of qualifying earned with respect to that lease had it pur- the customer; (4) the determination and foreign trade property. The excluded prop- chased the property for an arm’s-length price transmittal of a final invoice or statement of erty is (1) property leased or rented by the on the day that the manufacturer entered account or the receipt of payment; and (5) taxpayer for use by a related person, (2) cer- into the lease. For purposes of calculating the assumption of credit risk. An exception tain intangibles, (3) oil and gas (or any pri- the limit on foreign sale and leasing income, from the foreign economic processes require- mary product thereof), (4) unprocessed the manufacturer’s basis and, thus, deprecia- ment is provided for taxpayers with foreign softwood timber, (5) certain products the tion would be based on this hypothetical trading gross receipts for the year of $5 mil- transfer of which are prohibited or curtailed arm’s-length price. This limitation is in- lion or less. to effectuate the policy set forth in Public tended to prevent foreign sale and leasing in- The foreign economic processes require- Law 96–72, and (6) property designated by Ex- come from including profit associated with ment must be satisfied with respect to each ecutive order as in short supply. In addition, manufacturing activities. transaction and, if so, any gross receipts it is intended that property that is leased or For purposes of determining foreign sale from such transaction could be considered as licensed to a related person who is the lessor, and leasing income, only directly allocable foreign trading gross receipts. For example, licensor, or seller of the same property in a expenses are taken into account in calcu- all of the lease payments received with re- sublease, sublicense, sale, or rental to an un- lating the amount of foreign trade income. spect to a multi-year lease contract, which related person for the ultimate and predomi- In addition, income properly allocable to contract met the foreign economic processes nate use by the unrelated person outside of certain intangibles is excluded for this pur- requirement at the time it was entered into, the United States is not excluded property pose. would be considered as foreign trading gross by reason of such lease or license to a related General example receipts. On the other hand, a sale of prop- person. The following is an example of the calcula- erty that was formerly a leased asset, which With respect to property that is manufac- tion of qualifying foreign trade income. was not sold pursuant to the original lease tured outside of the United States, rules are XYZ Corporation, a U.S. corporation, man- agreement, generally would be considered a provided to ensure consistent U.S. tax treat- ufactures property that is sold to unrelated new transaction that must independently ment with respect to manufacturers. The customers for use outside of the United satisfy the foreign economic processes re- Senate amendment requires that property States. XYZ Corporation satisfies the foreign quirement. manufactured outside of the United States economic processes requirement through A taxpayer’s foreign economic processes be manufactured by (1) a domestic corpora- conducting activities such as solicitation, requirement is treated as satisfied with re- tion, (2) an individual who is a citizen or negotiation, transportation, and other sales- spect to a sales transaction (solely for the resident of the United States, (3) a foreign related activities outside of the United purpose of determining whether gross re- corporation that elects to be subject to U.S. States with respect to its transactions. Dur- ceipts are foreign trading gross receipts) if taxation in the same manner as a U.S. cor- ing the year, qualifying foreign trade prop- any related person has satisfied the foreign poration, or (4) a partnership or other pass- erty was sold for gross proceeds totaling economic processes requirement in connec- through entity all of the partners or owners $1,000. The cost of this qualifying foreign tion with another sales transaction involv- of which are described in (1), (2), or (3) above. trade property was $600. XYZ Corporation in- ing the same qualifying foreign trade prop- Foreign trade income curred $275 of costs that are directly related erty. Under the Senate amendment, ‘‘foreign to the sale and distribution of qualifying for- Qualifying foreign trade property trade income’’ is the taxable income of the eign trade property. XYZ Corporation paid Under the Senate amendment, the thresh- taxpayer (determined without regard to the $40 of income tax to a foreign jurisdiction re- old for determining if gross receipts will be exclusion of qualifying foreign trade income) lated to the sale and distribution of the treated as foreign trading gross receipts is attributable to foreign trading gross re- qualifying foreign trade property. XYZ Cor- whether the gross receipts are derived from a ceipts. Certain dividends-paid deductions of poration also generated gross income of transaction involving ‘‘qualifying foreign cooperatives are disregarded in determining $7,600 (gross receipts of $24,000 and cost of trade property.’’ Qualifying foreign trade foreign trade income for this purpose. goods sold of $16,400) and direct expenses of property is property manufactured, pro- Foreign sale and leasing income $4,225 that relate to the manufacture and duced, grown, or extracted (‘‘manufactured’’) Under the Senate amendment, ‘‘foreign sale of products other than qualifying for- within or outside of the United States that is sale and leasing income’’ is the amount of eign trade property. XYZ Corporation also held primarily for sale, lease, or rental, in the taxpayer’s foreign trade income (with re- incurred $500 of overhead expenses. XYZ Cor- the ordinary course of a trade or business, spect to a transaction) that is properly allo- poration’s financial information for the year for direct use, consumption, or disposition cable to activities that constitute foreign is summarized as follows: outside of the United States. In addition, not economic processes (as described above). For Other more than 50 percent of the fair market example, a distribution company’s profit Total property OFTP value of such property can be attributable to from the sale of qualifying foreign trade the sum of (1) the fair market value of arti- property that is associated with sales activi- Gross receipts ...... $25,000 $24,000 $1,000 Cost of goods sold ...... 17,000 16,400 600 cles manufactured outside of the United ties, such as solicitation or negotiation of States plus (2) the direct costs of labor per- the sale, advertising, processing customer Gross income ...... 8,000 7,600 400 formed outside of the United States. orders and arranging for delivery, transpor- Direct expenses ...... 4,500 4,225 275 Overhead expenses ...... 500 ...... It is understood that under current indus- tation outside of the United States, and try practice, the purchaser of an aircraft other enumerated activities, would con- Net income ...... 3,000 ...... contracts separately for the aircraft engine stitute foreign sale and leasing income. and the airframe, albeit contracting with the Foreign sale and leasing income also in- Illustrated below is the computation of the airframe manufacturer to attach the sepa- cludes foreign trade income derived by the amount of qualifying foreign trade income rately purchased engine. It is intended that taxpayer in connection with the lease or that is excluded from XYZ Corporation’s an aircraft engine be qualifying foreign trade rental of qualifying foreign trade property gross income and the amount of related ex- property (assuming that all other require- for use by the lessee outside of the United penses that are disallowed. In order to cal- ments are satisfied) if (1) it is specifically de- States. Income from the sale, exchange, or culate qualifying foreign trade income, the signed to be separated from the airframe to other disposition of qualifying foreign trade amount of foreign trade income first must be which it is attached without significant property that is or was subject to such a determined. Foreign trade income is the tax- damage to either the engine or the airframe, lease (i.e., the sale of the residual interest in able income (determined without regard to (2) it is reasonably expected to be separated the leased property) gives rise to foreign sale the exclusion of qualifying foreign trade in- from the airframe in the ordinary course of and leasing income. Except as provided in come) attributable to foreign trading gross business (other than by reason of temporary regulations, a special limitation applies to receipts. In this example, XYZ Corporation’s separation for servicing, maintenance, or released property that (1) is manufactured by foreign trading gross receipts equal $1,000. pair) before the end of the useful life of ei- the taxpayer or (2) is acquired by the tax- This amount of gross receipts is reduced by H11888 CONGRESSIONAL RECORD — HOUSE November 14, 2000

the related cost of goods sold, the related di- Ex- eign trade income were reduced by 4 percent rect expenses, and a portion of the overhead Other QFTP cluded/ Total of the related foreign trading gross receipts. expenses in order to arrive at the related property dis- Reducing foreign trade income by 4 percent allowed taxable income. Thus, XYZ Corporation’s of the foreign trading gross receipts (4 per- foreign trade income equals $100, calculated Gross receipts ...... $24,000 $1,000 ...... cent of $2,000, or $80) would result in $20 ($100 as follows: Cost of goods sold ...... 16,400 600 ...... foreign trade income less $80). Applying sec- Foreign trading gross receipts ...... $1,000 Gross income ...... 7,600 400 (60.00) 7,940.00 tion 863(b) to the $20 of reduced foreign trade Cost of goods sold ...... 600 Direct expenses ...... 4,225 275 (41.25) 4,458.75 income would result in $10 of foreign-source Overhead expenses ...... 475 25 (3.75) 496.25 income and $10 of U.S.-source income. Ac- Gross income ...... 400 Taxable income ...... 2,985.00 cordingly, the limitation equals $10. Thus, Direct expenses ...... 275 although under the general sourcing rule $38 Apportioned overhead expenses ...... 25 XYZ Corporation paid $40 of income tax to of the $76 taxable income would be treated as a foreign jurisdiction related to the sale and foreign source, the special sourcing rule lim- Foreign trade income ...... 100 distribution of the qualifying foreign trade its foreign-source income in this example of Foreign sale and leasing income is defined property. A portion of this $40 of foreign in- $10 (with the remaining $66 being treated as as an amount of foreign trade income (cal- come tax is treated as paid with respect to U.S.-source income). culated taking into account only directly-re- the qualifying foreign trade income and, If the qualifying foreign trade income is lated expenses) that is properly allocable to therefore, is not creditable for U.S. foreign calculated based on 15 percent of foreign certain specified foreign activities. Assume tax credit purposes. In this case, $6 of such trade income, the amount of related foreign- for purposes of this example that of the $125 taxes paid ($40 of foreign taxes multiplied by source income may not exceed 50 percent of of foreign trade income ($400 of gross income 15 percent, i.e., $60 of qualifying foreign the foreign trade income that (without tak- from the sale of qualifying foreign trade trade income divided by $400 of gross income ing into account this special foreign-source property less only the direct expenses of from the sale of qualifying foreign trade income limitation) would be treated as for- $275), $35 is properly allocable to such foreign property) is treated as paid with respect to eign-source income. activities (e.g., solicitation, negotiation, ad- the qualifying foreign trade income and, For example, assume that foreign trade in- vertising, foreign transportation, and other thus, is not creditable. come is $100 and the taxpayer chooses to de- enumerated sales-like activities) and, there- The results in this example are the same termine its qualifying foreign trade income fore, is considered to be foreign sale and leas- regardless of whether XYZ Corporation man- based on 15 percent of foreign trade income. ing income. ufacturers the property within the United Taxable income after taking into account Qualifying foreign trade income is the States or outside of the United States the exclusion of the qualifying foreign trade amount of gross income that, if excluded, through a foreign branch. If XYZ Corpora- income and the disallowance of related de- will result in a reduction of taxable income tion were an S corporation or limited liabil- ductions is $85. Assume that the taxpayer equal to the greatest of (1) 30 percent of for- ity company, the results also would be the manufactured its qualifying foreign trade eign sale and leasing income, (2) 1.2 percent same, and the exclusion would pass through property in the United States and that title of foreign trading gross receipts, or (3) 15 to the S corporation owners or limited liabil- to such property passed outside of the United percent of foreign trade income. Thus, in ity company owners as the case may be. States. Absent a special sourcing rule, under order to calculate the amount that is ex- Other rules section 863(b) the $85 of taxable income would be sourced as $42.50 U.S. source and cluded from gross income, taxable income Foreign-source income limitation $42.50 foreign source. Under the special must be determined and then ‘‘grossed up’’ The Senate amendment provides a limita- for allocable expenses in order to arrive at sourcing rule, the amount of foreign-source tion with respect to the sourcing of taxable income may not exceed 50 percent of the for- the appropriate gross income figure. First, income applicable to certain sale trans- for each method of calculating qualifying eign trade income that otherwise would be actions giving rise to foreign trading gross treated as foreign source. Applying section foreign trade income, the reduction in tax- receipts. This limitation only applies with able income is determined. Then, the $275 of 863(b) to the $100 of foreign trade income respect to sale transactions involving prop- would result in $50 of foreign-source income direct and $25 of overhead expenses, totaling erty that is manufactured within the United $300, attributable to foreign trading gross re- and $50 of U.S.-source income. Accordingly, States. The special source limitation does the limitation equals $25, which is 50 percent ceipts is apportioned to the reduction in tax- not apply when qualifying foreign trade inable income based on the proportion of the of the $50 foreign-source income. Thus, al- come is determined using 30 percent of the though under the general sourcing rule $42.50 reduction in taxable income to foreign trade foreign sale and leasing income from the income. This apportionment is done for each of the $85 taxable income would be treated as transaction. foreign source, the special sourcing rule lim- method of calculating qualifying foreign This foreign-source income limitation is its foreign-source income in this example to trade income. The sum of the taxable income determined in one of two ways depending on $25 (with the remaining $60 being treated as reduction and the apportioned expenses whether the qualifying foreign trade income U.S.-source income). equals the respective qualifying foreign is calculated based on 1.2 percent of foreign trade income (i.e., the amount of gross in- trading gross receipts or on 15 percent of for- Treatment of withholding taxes come excluded) under each method, as fol- eign trade income. If the qualifying foreign The Senate amendment generally provides lows: trade income is calculated based on 1.2 per- that no foreign tax credit is allowed for for- cent of foreign trading gross receipts, the re- eign taxes paid or accrued with respect to 1.2% 15% 30% qualifying foreign trade income (i.e., ex- FTGR 1 FTI 2 FS&LI 3 lated amount of foreign-source income may not exceed the amount of foreign trade included extraterritorial income). In deter- Reduction of taxable income: come that (without taking into account this mining whether foreign taxes are paid or ac- 1.2% of FTGR (1.2% *$1,000) 12.00 ...... crued with respect to qualifying foreign 15% of FTI (15% *$100) ...... 15.00 ...... special foreign-source income limitation) 30% of FS&LI (30% *$35) ...... 10.50 would be treated as foreign-source income if trade income, foreign withholding taxes gen- Gross-up for disallowed expenses: such foreign trade income were reduced by 4 erally are treated as not paid or accrued $300 *($12/$100) ...... 36.00 ...... with respect to qualifying foreign trade in- $300 *($15/$100) ...... 45.00 ...... percent of the related foreign trading gross $275 *($10.50/$100) 4 ...... 28.88 receipts. come. Accordingly, the Senate amendment’s For example, assume that foreign trading denial of foreign tax credits would not apply Qualifying foreign trade in- gross receipts are $2,000 and foreign trade in- to such taxes. For this purpose, the term come ...... 48.00 60.00 39.38 come is $100. Assume also that the taxpayer ‘‘withholding tax’’ refers to any foreign tax 1 ‘‘FTGR’’ refers to foreign trading gross receipts. chooses to determine qualifying foreign that is imposed on a basis other than resi- 2 ‘‘FTI’’ refers to foreign trade income. dence and that is otherwise a creditable for- 3 ‘‘FS&LI’’ refers to foreign sale and leasing income. trade income based on 1.2 percent of foreign 4 Because foreign sale and leasing income only takes into account direct trading gross receipts. Taxable income after eign tax under sections 901 or 903. It is in- expenses, it is appropriate to take into account only such expenses for pur- taking into account the exclusion of the tended that such taxes would be similar in poses of this calculation. qualifying foreign trade income and the dis- nature to the gross-basis taxes described in In the example, the $60 of qualifying for- allowance of related deductions is $76. As- sections 871 and 881. eign trade income is excluded from XYZ Cor- sume that the taxpayer manufactured its If, however, qualifying foreign trade in- poration’s gross income (determined based qualifying foreign trade property in the come is determined based on 30 percent of on 15 percent of foreign trade income). In United States and that title to such property foreign sale and leasing income, the special connection with excluding $60 of gross in- passed outside of the United States. Absent a rule for withholding taxes is not applicable. come, certain expenses that are allocable to special sourcing rule, under section 863(b) Thus, in such cases foreign withholding this income are not deductible for U.S. Fed- (and the regulations thereunder) the $76 of taxes may be treated as paid or accrued with eral income tax purposes. Thus, $45 ($300 of taxable income would be sourced as $38 U.S. respect to qualifying foreign trade income related expenses multiplied by 15 percent, source and $38 foreign source. Under the spe- and, accordingly, are not creditable under i.e., $60 of qualifying foreign trade income di- cial sourcing rule, the amount of foreign- the Senate amendment. vided by $400 of gross income from the sale of source income may not exceed the amount of Election to be treated as a U.S. corporation qualifying foreign trade property) of ex- the foreign trade income that otherwise The Senate amendment provides that cer- penses are disallowed. would be treated as foreign source if the for- tain foreign corporations may elect, on an November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11889 original return, to be treated as domestic limited to U.S.-owned foreign corporations. cations paid to a member of an agricultural corporations. The election applies to the tax- A foreign-owned foreign corporation that or horticultural cooperative (to which Part I able year when made and all subsequent tax- wishes to qualify for the treatment provided of Subchapter T applies), which is allocable able years unless revoked by the taxpayer or under the Senate amendment could avail to qualifying foreign trade income of the co- terminated for failure to qualify for the elec- itself of such election (unless otherwise pre- operative, is treated as qualifying foreign tion. Such election is available for a foreign cluded from doing so by Treasury regula- trade income of the member (and, thus, ex- corporation (1) that manufactures property tions). cludable from such member’s gross income). in the ordinary course of such corporation’s Shared partnerships In order to qualify, such amount must be trade or business, or (2) if substantially all of designated by the organization as allocable The Senate amendment provides rules re- the gross receipts of such corporation are to qualifying foreign trade income in a writ- lating to allocations of qualifying foreign foreign trading gross receipts. For this pur- ten notice mailed to its patrons not later pose, ‘‘substantially all’’ is based on the rel- trade income by certain shared partnerships. than the payment period described in section evant facts and circumstances. To the extent that such a partnership (1) 1382(d). The cooperative cannot reduce its in- In order to be eligible to make this elec- maintains a separate account for trans- come (e.g., cannot claim a ‘‘dividends-paid tion, the foreign corporation must waive all actions involving foreign trading gross re- deduction’’) under section 1382 for such benefits granted to such corporation by the ceipts with each partner, (2) makes distribu- amounts. United States pursuant to a treaty. Absent tions to each partner based on the amounts Gap period before administrative guidance is such a waiver, it would be unclear, for exam- in the separate account, and (3) meets such issued other requirements as the Treasury Sec- ple, whether the permanent establishment It is recognized that there may be a gap in retary may prescribe by regulations, such article of a relevant tax treaty would overtime between the enactment of the Senate partnership then would allocate to each ride the electing corporation’s treatment as amendment and the issuance of detailed ad- a domestic corporation under this provision. partner items of income, gain, loss, and de- ministrative guidance. It is intended that A foreign corporation that elects to be treat- duction (including qualifying foreign trade during this gap period before administrative ed as a domestic corporation is not per- income) from such transactions on the basis guidance is issued, taxpayers and the Inter- mitted to make an S corporation election. of the separate accounts. It is intended that nal Revenue Service may apply the prin- The Secretary is granted authority to pre- with respect to, and only with respect to, ciples of present-law regulations and other scribe rules to ensure that the electing for- such allocations and distributions (i.e., allo- administrative guidance under sections 921 eign corporation pays its U.S. income tax li- cations and distributions related to trans- through 927 to analogous concepts under the abilities and to designate one or more classes actions between the partner and the shared Senate amendment. Some examples of the of corporations that may not make such an partnership generating foreign trading gross application of the principles of present-law election. If such an election is made, for pur- receipts), these rules would apply in lieu of regulations to the Senate amendment are de- poses of section 367 the foreign corporation is the otherwise applicable partnership alloca- scribed below. These limited examples are treated as transferring (as of the first day of tion rules such as those in section 704(b). For intended to be merely illustrative and are the first taxable year to which the election this purpose, a partnership is a foreign or do- not intended to imply any limitation regard- applies) all of its assets to a domestic cor- mestic entity that is considered to be a part- ing the application of the principles of other poration in connection with an exchange to nership for U.S. Federal income tax pur- analogous rules or concepts under present which section 354 applies. poses. law. If a corporation fails to meet the applica- Under the Senate amendment, any part- Marginal costing and grouping ble requirements, described above, for mak- ner’s interest in the shared partnership is Under the Senate amendment, the Sec- ing the election to be treated as a domestic not taken into account in determining retary of the Treasury is provided authority corporation for any taxable year beginning whether such partner is a ‘‘related person’’ to prescribe rules for using marginal costing after the year of the election, the election with respect to any other partner for pur- and for grouping transactions in determining will terminate. In addition, a taxpayer, at its poses of the Senate amendment’s provisions. qualifying foreign trade income. It is in- option and at any time, may revoke the elec- Also, the election to exclude certain gross tended that similar principles under present- tion to be treated as a domestic corporation. receipts from foreign trading gross receipts law regulations apply for these purposes. In the case of either a termination or a rev- must be made separately by each partner ocation, the electing foreign corporation will with respect to any transaction for which Excluded property not be considered as a domestic corporation the shared partnership maintains a separate The Senate amendment provides that effective beginning on the first day of the account. qualifying foreign trade property does not include property leased or rented by the tax- taxable year following the year of such ter- Certain assets not taken into account for pur- payer for use by a related person. It is in- mination or revocation. For purposes of sec- poses of interest expense allocation tion 367, if the election to be treated as a do- tended that similar principles under present- The Senate amendment also provides that mestic corporation is terminated or revoked, law regulations apply for this purpose. Thus, qualifying foreign trade property that is held such corporation is treated as a domestic excluded property does not apply, for exam- for lease or rental, in the ordinary course of corporation transferring (as of the first day ple, to property leased by the taxpayer to a a trade or business, for use by the lessee out- of the first taxable year to which the elec- related person if the property is held for sub- side of the United States is not taken into tion ceases to apply) all of its property to a lease, or is subleased, by the related person account for interest allocation purposes. foreign corporation in connection with an to an unrelated person and the property is exchange to which section 354 applies. More- Distributions of qualifying foreign trade income ultimately used by such unrelated person over, once a termination occurs or a revoca- by cooperatives predominantly outside of the United States. tion is made, the former electing corporation Agricultural and horticultural producers In addition, consistent with the policy may not again elect to be taxed as a domes- often market their products through co- adopted in the Taxpayer Relief Act of 1997, tic corporation under the provisions of the operatives, which are member-owned cor- computer software that is licensed for reproduction outside of the United States is not Senate amendment for a period of five tax porations formed under Subchapter T of the excluded property. Accordingly, the license years beginning with the first taxable year Code. At the cooperative level, the Senate of computer software to a related person for that begins after the termination or revoca- amendment provides the same treatment of reproduction outside of the United States for tion. foreign trading gross receipts derived from For example, assume a U.S. corporation products marketed through cooperatives as sale, sublicense, lease, or rental to an unre- owns 100 percent of a foreign corporation. it provides for foreign trading gross receipts lated person for use outside of the United The foreign corporation manufactures out- of other taxpayers. That is, the qualifying States is not treated as excluded property by side of the United States and sells what foreign trade income attributable to those reason of the license to the related person. would be qualifying foreign trade property foreign trading gross receipts is excluded Foreign trading gross receipts were it manufactured by a person subject to from the gross income of the cooperative. Under the Senate amendment, foreign U.S. taxation. Such foreign corporation Absent a special rule, however, patronage trading gross receipts are gross receipts from could make the election under this provision dividends or per-unit retain allocations at- among other things, the sale, exchange, or to be treated as a domestic corporation. As a tributable to qualifying foreign trade income other disposition of qualifying foreign trade result, its earnings no longer would be de- paid to members of cooperatives would be property, and from the lease of qualifying ferred from U.S. taxation. However, by elect- taxable in the hands of those members. It is foreign trade property for use by the lessee ing to be subject to U.S. taxation, a portion believed that this would disadvantage agri- outside of the United States. It is intended of its income would be qualifying foreign cultural and horticultural producers who that the principles of present-law regula- trade income. The requirement that the for- choose to market their products through co- tions that define foreign trading gross re- eign corporation be treated as a domestic operatives relative to those and individuals ceipts apply for this purpose. For example, a corporation (and, therefore, subject to U.S. who market their products directly or sale includes an exchange or other disposi- taxation) is intended to provide parity be- through pass-through entities such as part- tion and a lease includes a rental or sublease tween U.S. corporations that manufacture nerships, limited liability companies, or S and a license or a sublicense. abroad in branch form and U.S. corporations corporations. Accordingly, the Senate Foreign use requirement that manufacture abroad through foreign amendment provides that the amount of any Under the Senate amendment, property subsidiaries. The election, however, is not patronage dividends or per-unit retain allo- constitutes qualifying foreign trade property H11890 CONGRESSIONAL RECORD — HOUSE November 14, 2000 if, among other things, the property is held contractual agreements. The new rules do ate amendment to be treated as a domestic primarily for lease, sale, or rental, in the or- not apply to transactions in the ordinary corporation and would have been eligible for dinary course of business, for direct use, con- course of business involving a FSC before the transition relief. sumption, or disposition outside of the January 1, 2002. Furthermore, the new rules The transition rule for old earnings and United States. It is intended that the prin- do not apply to transactions in the ordinary profits applies to two classes of taxpayers. ciples of the present-law regulations apply course of business after December 31, 2001, if The first class is FSCs in existence on Sep- for purposes of this foreign use requirement. such transactions are pursuant to a binding tember 30, 2000 that make an election to be For example, for purposes of determining contract between a FSC (or a person related treated as a domestic corporation because whether property is sold for use outside of to the FSC on September 30, 2000) and any they satisfy the requirement that substan- the United States, property that is sold to an other person (that is not a related person) tially all of their gross receipts are foreign unrelated person as a component to be incor- and such contract is in effect on September trading gross receipts. To be eligible for the porated into a second product which is pro- 30, 2000, and all times thereafter. For this transition relief, the election must be made duced, manufactured, or assembled outside purpose, binding contracts include purchase not later than for the FSC’s first taxable of the United States will not be considered options, renewal options, and replacement year beginning after December 31, 2001. The second class of corporations to which to be used in the United States (even if the options that are enforceable against a lessor this transition relief applies is certain con- second product ultimately is used in the or seller (provided that the options are a trolled foreign corporations (as defined in United States), provided that the fair mar- part of a contract that is binding and in ef- section 957). Notwithstanding other require- ket value of such seller’s components at the fect on September 30, 2000). time of delivery to the purchaser constitutes ments for making the election to be treated Old earnings and profits of corporations electing as a domestic corporation provided under the less than 20 percent of the fair market value to be treated as domestic corporations of the second product into which the compo- Senate amendment’s general provisions, nents are incorporated (determined at the A transition rule also provided for certain such controlled foreign corporations are eli- time of completion of the production, manu- corporations electing to be treated as a do- gible under the transition rule to make the facture, or assembly of the second product). mestic corporation under the Senate amend- election to be treated as a domestic corpora- In addition, for purposes of the foreign use ment. In the case of corporation to which tion and will not have the resulting deemed requirement, property is considered to be this transition rule applies, the corporation’s asset transfer cause a deemed inclusion of used by a purchaser or lesee outside of the earnings and profits accumulated in taxable earnings and profits for earnings and profits United States during a taxable year if it is years ending before October 1, 2000 are not accumulated in taxable years ending before used predominantly outside of the United included in the gross income of the share- October 1, 2000. To be eligible for the transi- States. For this purpose, property is consid- holder by reason of the deemed asset transfer tion relief, such a controlled foreign corpora- ered to be used predominantly outside of the for section 367 purposes that the Senate tion must be in existence on September 30, United States for any period if, during that amendment provides. Thus, although the 2000. The controlled foreign corporation period, the property is located outside of the electing corporation may be treated as must be wholly owned, directly or indirectly, United States more than 50 percent of the transferring all of its assets to a domestic by a domestic corporation. The controlled time. An aircraft or other property used for corporation in a reorganization described in foreign corporation must never have made transportation purposes (e.g., railroad roll- section 368(a)(1)(F), the earnings and profits an election to be treated as a FSC and must ing stock, a vessel, a motor vehicle, or a con- amount that would otherwise be treated as a make the election to be treated as a domes- tainer) is considered to be used outside of the deemed dividend to the U.S. shareholder tic corporation not later than for its first United States for any period if, for the pe- under the regulations under section 367(b) taxable year beginning after December 31, 2001. In addition, the controlled foreign cor- riod, either the property is located outside of will not include the earnings and profits ac- poration must satisfy certain tests with re- the United States more than 50 percent of cumulated in taxable years ending before Oc- spect to its income and activities. For ad- the time or more than 50 percent of the miles tober 1, 2000. This treatment is similar to the ministrative convenience, these tests are traveled in the use of the property are trav- treatment of earnings and profits of a for- limited to the three taxable years preceding eled outside of the United States. An orbit- eign insurance company that makes the the first taxable year for which the election ing satellite is considered to be located out- election to be treated as a domestic corpora- to be treated as a domestic corporation ap- side of the United States for these purposes. tion under section 953(d), which election was plies. First, during that three-year period, Foreign economic processes a model for the election to be treated as a domestic corporation under the Senate all of the controlled foreign corporation’s Under the Senate amendment, gross re- amendment. Under section 953(d), earnings gross income must be subpart F income. ceipts from a transaction are foreign trading and profits accumulated in taxable years be- Thus, the income was subject to full inclu- gross receipts eligible for exclusion from the ginning before January 1, 1988 were not in- sion to the U.S. shareholder and, accord- tax base only if certain economic processes cluded in the earnings and profits amount ingly, subject to current U.S. taxation. Sec- take place outside of the United States. The that would be a deemed dividend for section ond, during that three-year period, the con- foreign economic processes requirement 367(b) purposes. trolled foreign corporation must have, in the compares foreign direct costs to total direct Like the pre-1988 earnings and profits of a ordinary course of its trade or business, en- costs. It is intended that the principles of domesticating foreign insurance company tered into transactions in which it regularly the present-law regulations apply during the under section 953(d), the earnings and profits sold or paid commissions to a related FSC gap period for purposes of the foreign eco- to which this transition rule applies would (which also was in existence on September nomic processes requirement including the continue to be treated as earnings and prof- 30, 2000). If an electing corporation in this measurement of direct costs. It is recognized its of a foreign corporation even after the second class ceases to be (directly or indi- that the measurement of foreign direct costs corporation elects to be treated as a domes- rectly) wholly owned by the domestic cor- under the present-law regulations often de- tic corporation. Thus, a distribution out of poration that owns it on September 30, 2000, pend on activities conducted by the FSC, earnings and profits of an electing corpora- the election to be treated as a domestic cor- which is a separate entity. It is recognized tion accumulated in taxable years ending be- poration is terminated. that some of these concepts will have to be fore October 1, 2000 would be treated as a dis- Limitation on use of the gross receipts method modified when new guidance is promulgated tribution made by a foreign corporation. Similar to the limitation on use of the as a result of the Senate amendment’s elimi- Rules similar to those applicable to corpora- gross receipts method under the Senate nation of the requirement for a separate en- tions making the section 953(d) election that amendment’s operative provisions, the Sen- tity. prevent the repatriation of pre-election pe- ate amendment provides a rule that limits Effective date riod earnings and profits without current the use of the gross receipts method for In general U.S. taxation apply for this purpose. Thus, transactions after the effective date of the The Senate amendment is effective for for example, the earnings and profits accu- Senate amendment if that same property transactions entered into after September 30, mulated in taxable years beginning before generated foreign trade income to a FSC 2000. In addition, no corporation may elect to October 1, 2000 would continue to be taken using the gross receipts method. Under the be a FSC after September 30, 2000. into account for section 1248 purposes. rule, if any person used the gross receipts The Senate amendment also provides a The earnings and profits to which the tran- method under the FSC regime, neither that rule requiring the termination of a dormant sition rule applies are the earnings and prof- person nor any related person will have FSC when the FSC has been inactive for a its accumulated by the electing corporation qualifying foreign trade income with respect specified period of time. Under this rule, a in taxable years ending before October 1, to any other transaction involving the same FSC that generates no foreign trade income 2000. The transition rule will not apply to item of property. for any five consecutive years beginning earnings and profits accumulated before that Coordination of new regime with prior law after December 31, 2001, will cease to be date that are succeeded to after that date by Notwithstanding the transition period, treated as a FSC. the electing corporation in a transaction to FSCs (or related persons) may elect to have Transition rules which section 381 applies unless, like the the rules of the Senate amendment apply in Winding down existing FSCs and binding con- electing corporation, the distributor or lieu of the rules applicable to FSCs. Thus, tract relief transferor (from whom the electing corpora- for transactions to which the transition The Senate amendment provides a transition acquired the earnings and profits) could rules apply (i.e., transactions after Sep- tion period for existing FSCs and for binding have itself made the election under the Sen- tember 30, 2000 that occur (1) before January November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11891 1, 2002 or (2) after December 31, 2001 pursuant goal of that statute was to ensure that workers, businesses and manufacturing to a binding contract which is in effect on when U.S. producers of goods, both in- goods, let us vote for this bill. September 30, 2000), taxpayers may choose to dustrial and agricultural, export, our Mr. ARCHER. Mr. Speaker, I yield 3 apply either the FSC rules or the amend- tax system does not put them at a dis- minutes to the gentleman from Illinois ments made by this Senate amendment, but not both. In addition, a taxpayer would not advantage. (Mr. CRANE), a respected member of the be able to avail itself of the rules of the Sen- This system worked well for almost Committee on Ways and Means, who ate amendment in addition to the rules ap- 20 years; but in 1988, the European has worked so very hard on this legis- plicable to domestic international sales cor- Union decided to walk away from it lation and the chairman of the Sub- porations because the Senate amendment and challenge the FSC. In its decision committee on Trade. provides that the exclusion of adopted by the WTO earlier this year, Mr. CRANE. Mr. Speaker, I rise in extraterritorial income will not apply if a the FSC statute was held to violate strong support of this legislation, taxpayer is a member of any controlled WTO’s subsidy rules and the U.S. was which fulfills the United States’ obli- group of which a domestic international directed to withdraw the subsidy by sales corporation is a member. gation to bring the foreign sales cor- October 1. poration tax regime into compliance Mr. Speaker, I urge all Members to Whatever one may think of the rea- with WTO trade agreements. H.R. 4986 support this vital, time-sensitive legis- soning of the WTO dispute panel, our moves the U.S. closer to a territorial lation. commitment to a rules-based trading tax system, more like the one gov- Mr. Speaker, I reserve the balance of system requires that we bring our law erning the international activities of my time. into compliance with its decision, and so many European businesses. Mr. STARK. Mr. Speaker, I yield my- this bill does that precisely. It does so Many issues divide the Congress in self such time as I may consume. in a way that makes our tax regime a these days before and after the close In the efforts of the new Congress to bit more like a territorial tax regime. national election. But with respect to be gentler, although I am adamantly What this bill does is to define a cat- the difficult choices facing us on FSC, opposed to this bill, I would like to egory of foreign source income that is both parties worked in concert with give the two best shots they have to excluded from gross income and, there- the administration to address a loom- the gentleman from Texas (Mr. AR- fore, not subject to U.S. tax. It makes ing threat to innocent United States CHER), the distinguished chairman of clear that to come within this cat- exporters. Make no mistake: this bill the Committee on Ways and Means, egory, income need not arise from an averts a trade war that is poised to hit and the gentleman from Michigan (Mr. export transaction. Qualifying trans- unsuspecting U.S. exporters with mil- LEVIN), the distinguished ranking actions will include certain sales of lions of dollars of retaliatory tariffs. member of the Subcommittee on property produced outside the United Another issue we need to be very Trade. I want to give him 4 minutes, States. Thus, this bill definitively clear about, the FSC regime and its re- and we will proceed to destroy their ar- eliminates the export contingency that placement reduced the anti-growth bi- guments in subsequent time. the EU argued was a WTO inconsist- ases of our international tax system Mr. Speaker, I yield 5 minutes to the ency. that would otherwise hamstring our distinguished gentleman from Michi- At the same time, and I emphasize companies and our workers. Some gan (Mr. LEVIN). this, as is clear from the bill itself in Members, even proponents of this legis- Mr. LEVIN. Mr. Speaker, I deeply ap- the committee report, this bill does not lation, sometimes have called the FSC preciate the gentleman yielding me provide an incentive for U.S. producers replacement a subsidy. We need to be this time, under any terms. to move their operations overseas. It more careful with our language. Mr. Speaker, I rise in support of this carefully defines the property that can b bill. It passed the House earlier this be involved in transactions subject to 1015 session, 315 to 109, and we are consid- the new tax regime. No more than 50 This is not a subsidy. It is a partial, ering it again today because the Sen- percent of the fair market value of repeat, partial, reduction in an exces- ate, as the gentleman from Texas (Mr. such property can consist of, a, non- sive tax burden our companies, and by ARCHER) mentioned, made a modifica- U.S. components, plus, b, non-U.S. di- extension, our workers, face when com- tion with the agreement of the House rect labor. This provision has been peting in the world economy. and the administration. carefully reviewed by those of us on By way of analogy, our current tax Let me take a few minutes to review the Committee on Ways and Means, as law is a felony. The fiscal replacement the history as to why this bill is on the well as the Department of Treasury, reduces the charge to a misdemeanor, floor today. Our country has what is and, I might add, the minority leader. but the net result still violates the eco- known as a worldwide taxation system. Enactment of this bill is critical to nomic law of neutrality that should In general, U.S. residents are taxed on U.S. businesses, workers, and farmers. govern all of our tax policies. income, regardless of where it is The cloud of the WTO decision affects The European Union is challenging earned. Rules such as the foreign tax everyone from airplane manufacturers us, not as Republicans or Democrats, credit ensure against double taxation. and manufacturers of other industrial not as Congress or the administration, By contrast, most European countries products to software developers, to but as a country. By completing the have a form of territorial taxation. wheat growers, and so on. If we fail to difficult work necessary to send this Under those systems, income is taxed enact this bill, there is a serious risk bill to the President, we have put the only if it is earned within the territory that the EU will go back to the WTO. United States in the best possible posi- of the taxing jurisdiction. This system It would cause great harm to U.S. busi- tion to defend our interests in the tends to favor exports over comparable nesses, to workers, and to farmers. WTO. domestic transactions. As I said in September, there are H.R. 4986 represents an achievement To put our exports on a level playing other issues, tobacco issues, pharma- of bipartisan cooperation in the best field with Europe and others, we en- ceutical issues. They cannot be consid- interests of American businesses and acted in 1971 the Domestic Inter- ered, though, within this bill. If we workers. I urge a yes vote. national Sales Corporation Law, DISC. need to amend, to modify U.S. laws, we Mr. STARK. Mr. Speaker, I yield my- The European community successfully should do so later on. But we have a self such time as I may consume. challenged that law in the GATT, and constraint. The deadline was October 1, Mr. Speaker, there is an old rule of we successfully challenged the terri- now it is November 17; and if we fail to tax law which started with actually torial tax regimes of Belgium, France, act by that date, as I said earlier in then Secretary of the Treasury Baker and the Netherlands. These disputes ul- September, we are going to hurt Amer- when we reformed the Tax Code under timately were resolved in 1981 by an ican businesses and the workers who President Reagan. It was, if it quacks understanding adopted by the GATT work for them, and we are simply like a subsidy and walks like a subsidy Council. going to help European competitors. As and looks like a subsidy, it is a sub- Based on the 1981 understanding, we I said a month ago, if we want to help sidy. replaced the DISC with FSC, the For- European producers, vote against this The distinguished chairman of the eign Sales Corporation statute. The bill. But if we want to help American Subcommittee on Trade would discuss H11892 CONGRESSIONAL RECORD — HOUSE November 14, 2000 the overburden of taxation. When the need it least, when we have people in Passage of H.R. 4986, is absolutely essential pharmaceutical companies charge our this country who need help. We are to avoiding the potential imposition by the people, our seniors, our young people, turning our backs on the people in this European Union of significant sanctions on two to four times more for the same country and helping the richest cor- American industries and to satisfying the United States’ obligations in the WTO. Fail- drug that they charge people in Eu- porations in this country. ure to pass this legislation immediately will rope, and yet they have the lowest tax End this charade now and vote compromise the United States’ ability to rate of any industry group in this coun- against this bill. avoid a confrontation with the European try, why should we give them hundreds Mr. CRANE. Mr. Speaker, will the Union. Moreover, it would jeopardize an im- of millions of dollars of subsidy, gift, gentleman yield? portant procedural agreement reached with reduction? Members may call it what Mr. STARK. I yield to the gentleman the European Union to this end. The proce- they want, but we are rewarding the from Illinois. dural agreement delays the possibility of re- pharmaceutical industry for charging Mr. CRANE. Mr. Speaker, first of all, taliation by ensuring that the WTO will review the new replacement legislation before less in Europe and more in this coun- with regard to tobacco subsidies, that any decision may be made authorizing retal- try. would keep people from getting to the iation. The benefits of the agreement, how- Tell me what it is, Mr. Speaker. I call polls, I guess, if we eliminated sub- ever, are contingent upon the immediate en- it disgraceful, I call it obscene, $750 sidies. actment of the FSC replacement legislation. million a year to General Electric and But let me ask a second question. Therefore, I urge you in the strongest pos- Boeing to sell weapons, which they do That is, do businesses pay taxes? sible terms to allow the House to act on H.R. not even sell, the State Department Mr. STARK. Most of these do not, no. 4986 as soon as possible. and the Defense Department arrange Mr. CRANE. No, do businesses pay Sincerely, LAWRENCE H. SUMMERS, the sale of weapons. Yet, we give them taxes? Secretary. a reduction of $750 million a year? That Mr. STARK. Some businesses do. The Mr. Speaker, I include for the is a subsidy, pure and simple. ones getting the subsidy for the most RECORD a statement of administration Now, software was mentioned. Those part do not. They have so many loop- policy from OMB strongly supporting poor folks in Seattle. Software? Do holes and subsidies, as in this, that this legislation. Members know how much Microsoft they end up paying no taxes. The document referred to is as fol- paid in taxes last year? Zero, Mr. Mr. CRANE. Will the gentleman go lows: Speaker, a goose egg. This big or this back to Econ 101? Businesses do not big, zero is still zero. Yet, they get a EXECUTIVE OFFICE OF THE PRESI- pay taxes and never have. That is a DENT, OFFICE OF MANAGEMENT subsidy which gets them down to zero cost, like plant and equipment and AND BUDGET, for all the software they sell overseas. labor are costs. Washington, DC, September 12, 2000. Is that a gift? And this poor overtaxed Mr. STARK. Mr. Speaker, this is my STATEMENT OF ADMINISTRATION POLICY Bill Gates is walking around, so we time and I reclaim it. That is as silly (This statement has been coordinated by subsidize his sales overseas. as supply side economics. The gen- OMB with the concerned agencies) Mr. Speaker, we have been doing this tleman ought to know better. H.R. 4986—FSC REPEAL AND EXTRATERRITORIAL for generations. For 25 years, we have Mr. Speaker, I reserve the balance of INCOME EXCLUSION ACT OF 2000 (ARCHER (R) been giving $5 billion a year away in my time. TEXAS) subsidies to corporations who would do Mr. ARCHER. Mr. Speaker, I yield The Administration strongly supports H.R. the same thing whether or not they got myself such time as I may consume. 4986, which would repeal provisions of the In- this subsidy. And they do not set their Mr. Speaker, I rise simply to say that ternal Revenue Code relating to foreign sales prices based on their taxes. As any dis- the gentleman from California says corporations and provide an exclusion from tinguished economist, like my friend, that it is a corporate subsidy if we do U.S. tax for certain income earned overseas. the gentleman from Illinois (Mr. H.R. 4986 addresses the issues with respect not double tax all of the earnings over- to foreign sales corporations (FSCs) that CRANE), the distinguished chair of the seas. We are one of the very few devel- were raised by the World Trade Organization Subcommittee on Trade, knows, cor- oped countries in the world that double (WTO) Appellate Body decision in February porations do not price their products taxes earnings overseas. So if we elimi- 2000. Because the legislation provides an ex- based on taxes, they price their prod- nate partially, only partially, the dou- clusion for certain income earned overseas ucts based on competitive and manu- ble taxation of those earnings to be (referred to as ‘‘qualifying foreign trade in- facturing costs, all the other things, as only partially competitive with our come’’), there is no forgone revenue that he so well knows. foreign competitors, he calls it a sub- would otherwise be due and thus there is no So all we are doing is giving a break, subsidy. Further, by treating all qualifying sidy. I do not believe the American foreign sales alike, regardless of whether the a tax break, a subsidy, to the richest people would agree with that. corporations in this country, rewarding goods were manufactured in the United Mr. Speaker, I include for the States or abroad, the proposed legislation is those corporations who gyp our senior RECORD a letter from Secretary Sum- not export-contingent. citizens by overcharging in this coun- mers on behalf of the administration H.R. 4986 has been developed through an try, by rewarding them. strongly supporting this legislation. extraordinary bipartisan, bicameral process. And my distinguished friend, the gen- The document referred to is as fol- The Administration believes that enactment tleman from Texas, will tell us about lows: of this law, prior to October 1, 2000, is necessary to avoid an immediate confrontation tobacco, subsidizing the sale of tobacco DEPARTMENT OF THE TREASURY, with the European Union (EU), to ensure to hook little kids in other parts of the Washington, DC, November 2, 2000. that the United States is in compliance with world while we are trying to spend Hon. J. DENNIS HASTERT, the WTO Appellate Body decision, and to Speaker, House of Representatives, money here at home. Just think, if we avoid possible sanctions that would other- Washington, DC. had some of this $5 billion a year to wise be imposed by the EU. This legislation DEAR MR. SPEAKER: Enactment of legisla- spend to train our children not to would assure that no U.S. companies are dis- tion (H.R. 4986) repealing and replacing the smoke, how much healthier and safer advantaged. Passage of this legislation is the Foreign Sales Corporation (‘‘FSC’’) regime only way to avoid potential EU sanctions they would be. Think if we had some of has been and remains a top priority for the against U.S. exports. this $5 billion a year to spend on edu- President. As you know, H.R. 4986 is the cation to hire teachers, which the gen- product of a unique bipartisan effort involv- PAY-AS-YOU-GO SCORING tleman could not find the money to do ing the Administration, Chairmen Archer H.R. 4986 would affect direct spending and on the Republican side. Think if we had and Roth, Ranking Members Rangel and receipts; therefore, it is subject to the pay- this $5 billion a year to provide a drug Moynihan, and their staffs. as-you-go (PAYGO) requirement of the Om- benefit to the senior citizens. It was carefully drafted to address issues nibus Budget Reconciliation Act of 1990. The No, we are going to continue this raised by the WTO regarding the FSC re- Joint Committee on Taxation estimates that charade and give this money away in gime. The Administration strongly supports the bill would produce revenue losses of $1.5 passage of this legislation that has such im- billion in fiscal years 2001 through 2005. The unconscionable subsidies to the cor- portant consequences for jobs, the national Administration’s scoring of the bill is under porations who least need it for doing economy, and international relations with development. The Administration will work what they would do anyway. It is the some of our most important trading part- with Congress to avoid an unintended se- silliest kind of gift to the people who ners. quester. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11893 Mr. ARCHER. Mr. Speaker, I yield 3 But it does appear to me that when ceived by a small number of large cor- minutes to the gentleman from New we are dealing with the European porations.’’ He noted: ‘‘Policymakers York (Mr. RANGEL), the ranking Demo- Union, when we are dealing with the have available a number of tax and crat on the Committee on Ways and World Trade Organization, we should other government incentives that meet Means, who has worked very closely be able to stand by those people who WTO standards, and that could be ex- with us from beginning to end on a bi- negotiate on behalf of the United panded to replace the prohibited direct partisan basis to get to where we are States of America, United States busi- tax subsidy provided by the FSC tax re- today, and who has contributed a great nesses, and those Americans. gime.’’ deal to this legislation. We should be able to distinguish be- And to those who say they want more (Mr. RANGEL asked and was given tween our concern about how we treat free trade, this bill does not provide permission to revise and extend his re- American businesses here, how we pe- free trade. It provides distorted trade marks.) nalize them for conduct that we think and chooses winners and losers. This Mr. RANGEL. Mr. Speaker, let me is unhealthy to the environment or to legislation asks local stores that sell thank the chairman of the Committee our people, distinguish that as it ap- groceries and clothing to customers at on Ways and Means, the gentleman pears to be when foreigners are at- a mall or along Main Street across this from Texas (Mr. ARCHER), my fellow tempting to critique us, and indeed, country to pay higher taxes than the Democrats, and join my colleagues on provide sanctions against American multinationals that sell cigarettes and the floor in asking support for this businesses, the American community, machine guns abroad. piece of legislation, which is supported American workers, and indeed, I would Mr. Speaker, $4 of every $5 in this bill by the President and which our official say, America in general. go to companies that have assets ex- Secretary Stuart Eizenstat, assistant So while I do not challenge the good- ceeding $1 billion. It offers no signifi- Secretary Jon Talisman, have worked faith interests people have in chal- cant benefit to smaller companies in on, as well as the Senate, which has lenging this legislation, I ask my col- this country. made some changes here. leagues to support it. For those that Indeed, I think the Congress ought to It is interesting to note the concerns have reservations, I ask them to con- heed the words of commentator Paul that some of my colleagues have about tinue to study and find ways that we Magnusson in ‘‘Business Week’’ on Sep- the policies of some of our domestic can reach objectives they want. tember 4 of this year who wrote that corporations, especially those dealing But on the international playing ‘‘the larger problem with subsidies is with pharmaceutical products, as well field, that flag should be flying for us. that they invite countersubsidies and as tobacco. so accomplish little besides transfer- It would seem to me within this body I support the flag, I support those peo- ring money from consumers and tax- and the other body that we should be ple that negotiated with the WTO. I payers to politically powerful pro- able to determine from a domestic hope in the final analysis we get better ducers’’; and that is exactly what is point of view exactly to what extent we than a fair advantage as it relates to happening today. I agree with that expect to control the conduct of these American businesses, because as far as commentary that ‘‘it’s time to call a businesses in the United States. I am concerned, the more jobs for But much like foreign policy, with America, the better country we have. halt to such waste by both sides; get- all of the problems I have with my gov- Mr. STARK. Mr. Speaker, I yield 7 ting rid of subsidies for exports would ernment, somehow when I leave the minutes to the distinguished gen- be a good place to start. The Clinton United States, those problems dis- tleman from Texas (Mr. DOGGETT). administration should drop its plans to expand FSC and get back to the negoti- appear when I am dealing with foreign b 1030 bodies. I have concerns about the pro- ating table and start proposing some Mr. Speaker, this bill has a whopping duction and sale of tobacco, but not to real solutions such as eliminating all cost to Americans of $42 billion in this the extent that I am prepared to accept export subsidies.’’ decade. To be bipartisan about it, in a criticism of a foreign body as to how Indeed, the administration should the words of Senator JOHN MCCAIN, we conduct international business. have done just that. Now who is driving ‘‘this legislation is an example of the This is especially so since I have more the corporate welfare Cadillacs that costly corporate welfare that cripples criticism about how foreign countries are lining up outside the Capitol to get our ability to respond to truly urgent conduct their business, and I am not more welfare under this proposal? Well, social needs.’’ Indeed it is. allowed to participate in terms of what driver number one is Mr. Phillip Morris To make matters worse, despite all I think is right and what I think is and the tobacco lobby. They get $100 the proclamations about how urgent wrong and what I think is totally un- million a year under this proposal to this bill is and how we will avoid a fair. export death and disease to the rest of For that reason, I have to support trade war and save all of these jobs, to the world, to use the slick tactics that those people who diplomatically and make matters worse, this bill does not they developed here in America addict- legally have to work with the World work. And even its supporters concede ing our children to nicotine in order to Trade Organization, knowing that if we in private that it will not work and encourage a global pandemic addicting do not support our diplomatic efforts that we will be back here as soon as the children of the world. in this area, then it allows foreigners the World Trade Organization con- And to my colleagues from the to- to arbitrarily select how they are going siders and rejects this bill, doing this bacco-producing States, the industry to penalize American businesses, Amer- all over again, because of the well jus- does not even have to use American to- ican exports, American workers. tified criticism that has been levied bacco. All they have to do is slip a lit- I just do not like that one bit. I do against this very obvious straight subtle Marlboro label on the package and not like the idea that they can arbi- sidy. they can use exclusively foreign to- trarily select those exports that we With good reason, the Europeans bacco, and still be tax subsidized by have that have nothing to do with have already rejected this ill-conceived American taxpayers to the tune of over pharmaceuticals, nothing to do with proposal. Not only does it not work in $100 million a year to promote death tobacco, and decide they have to pun- the world forum, it does not work, ac- and disease. ish us because they do not like the way cording to even Republican sources, The Clinton administration agreed to we treat our exports. like the Republican Congressional oppose this wrong. The administration We do not mind them looking over as Budget Office. It announced in March were true to the last minute; and then to whether or not we have been fair in of this year that ‘‘export subsidies’’ they abandoned, in the face of the lob- creating an even playing field for all of such as this bill ‘‘reduce economic wel- bying power of the tobacco industry, our businesses. We do not mind if they fare and typically even reduce the wel- their stated willingness to end this pro- say they want to come to the table and fare of the country granting the sub- motion of death and disease. renegotiate how we do this thing so we sidy.’’ Who is the second big corporate wel- can say we do not like the way they The assistant director of the General fare Cadillac driver? There has been treat their companies that are doing Accounting Office in August of this the suggestion that we could not have exports. year said ‘‘most of the benefits are re- any amendments to this bill. Well, H11894 CONGRESSIONAL RECORD — HOUSE November 14, 2000 there was an amendment that was done and more Americans have that their ward spiral because, if we do not act behind closed doors, and the effect was government is not serving them, but today, we will set up the dynamics for to double, absolutely double with an serving only those who can afford to a trade war between Europe and the increase by $300 million every year the have a lobbyist and a political action United States. We cannot afford that. amount of money that those who make committee located in Washington. They cannot afford that. We should not weapons in this country will get by The SPEAKER pro tempore (Mr. move down this slippery slope. selling them abroad. SIMPSON). Without objection, the gen- Pass this legislation. It is the one re- We already dominate the world scene tleman from Illinois (Mr. CRANE) will sponsible thing we can do today. in terms of the manufacture of weap- control the time for the majority. Mr. STARK. Mr. Speaker, I am happy ons being sent to every arms race in There was no objection. to yield 30 seconds to the gentleman every corner of the world. But under Mr. CRANE. Mr. Speaker, I yield my- from Guam (Mr. UNDERWOOD). this bill, American tax payers will have self such time as I may consume. (Mr. UNDERWOOD asked and was to subsidize and offer more corporate Mr. Speaker, I have recognition of given permission to revise and extend welfare to those weapon manufacturers my opponents’ opposition here to our his remarks.) to keep up the good business they have bill. We had Smoot-Hawley in our Mr. UNDERWOOD. Mr. Speaker, I that results in death and destruction party, and they shared many of the rise to express my concerns regarding all over this world. same convictions we heard here to- H.R. 4986, the FSC Repeal and Instead of being a leader and trying night. But I am happy that the gen- Extraterritorial Income Exclusion Act to reduce the amount of those arms tleman from Missouri (Mr. GEPHARDT) of 2000. I urge congressional leaders and races around the world, we are sub- and the gentleman from New York (Mr. the Clinton administration to help the sidizing it to the tune of $300 million RANGEL), our ranking minority mem- U.S. territories who will be adversely more, even though last year, the Treas- ber, are supportive of this bipartisan impacted by this legislation, particu- ury said it was not a good idea, and the legislation. larly the U.S. Virgin Islands and Guam when the House reconvenes in Decem- Defense Department, in 1994, indicated Mr. Speaker, I yield 21⁄2 minutes to it was not necessary. Even though Re- the gentleman from Pennsylvania (Mr. ber. In Guam, there are over 200 FSC li- publican groups in this Congress said it ENGLISH), our distinguished colleague. censes generating around $170,000 to was unwise, they could not, in an elec- Mr. ENGLISH. Mr. Speaker, I am de- the government of Guam. However, li- tion year, resist the dominance and lighted to be here to urge strong bipartisan support for this very important cense fees are only some of the direct power of the arms manufacturers. benefits from FSC. Other direct bene- And then another driver of this cor- legislation. Legislation that may be fits include compensation for the pro- porate welfare Cadillac is the pharma- the most important action we take at fessional community. But be that as it ceutical industry. It is an industry that the close of this Congress, and perhaps may, I am appealing to the Clinton ad- today gets a reward for making pre- for years to come. ministration, particularly the Treas- scriptions here in America and selling This is critical legislation to protect ury Department, to offset the economic them for less abroad. They will get a the jobs of working families who have impact of today’s legislation by allow- members who work in some of our best- tax subsidy, a bit of corporate welfare, ing territories to promote economic paying export oriented jobs in Amer- for doing that at the same time they self-sufficiency, including establishing ica. I am surprised to hear the strange gouge consumers at home. This bill is empowerment zones for the territories rhetoric on the floor of this House that wrong, that is why it was done behind and tax equity treatment for Guam. is essentially rhetoric directed against closed doors, that is why they are fear- Mr. Speaker, I rise to express my concerns ful of amendments and discussion and their jobs. regarding H.R. 4986, the FSC Repeal and We have heard the opponents of this it ought to be rejected. Extraterritorial Income Exclusion Act of 2000. legislation adopt the same rhetoric of Mr. DOGGETT. Mr. Speaker, this bill I urge congressional leaders and the Clinton has a long title, but it is quite simply our European trade competitors in administration to help the U.S. territories who a welfare bill. It has a huge price tag criticizing our tax system. The thing will be adversely impacted by this legislation, that will cost Americans billions of to understand and what FSC is in- particularly the U.S. Virgin Islands and Guam, dollars. It has been prepared entirely tended to address, this legislation is when the House reconvenes in December. behind closed doors by those who will not a welfare bill, corporate or other- Since the WTO decision last fall on Foreign receive the welfare benefits. With the wise. It is not a subsidy. It is an adjust- Sales Corporations (FSCs), I know that the blessing of both the Clinton adminis- ment of our tax system to establish a administration worked closely with House tration and the Republican leadership level playing field, and that is what our Ways and Means Committee Chairman AR- here in Congress, a very interesting European trade competitors have not CHER and Representative RANGEL, the ranking process was followed: If one was going wanted. member, to ensure that the United States to get something out of this bill, they FSC was originally created and made passes legislation to meet the October 1, were invited to the behind-closed-doors necessary, only because the U.S. main- 2000, deadline set by the WTO to comply with negotiations. If they were left out, tains an archaic worldwide tax system its ruling. Although the deadline has passed, they were excluded from the negotia- which taxes foreign-source income and today's passage of H.R. 4986 is necessary to tions to prepare this legislation. because the U.S. taxes export income. fulfill a commitment by U.S. officials to ad- Once this product of all of the clan- By refusing to reform FSC today, this dress the concerns raised by the European destine wheeling and dealing sessions Congress would be inviting massive re- Union. was presented to this Congress, every taliation against U.S. export trade As many of you know, the WTO panel effort was made, both here in the leaving our exporters and their em- issued a ruling last fall that subsidies for For- House and across the Capitol in the ployees high and dry. Failing to reform eign Sales Corporations under U.S. tax laws Senate, to ensure that no questions FSC today would make an already violated the WTO Subsidies Agreement. U.S. were asked and no amendments were tough global market next to impossible negotiators have since worked in good faith on offered. There was as little talk pos- for U.S. employers to compete in. a proposal to retain many of the tax benefits sible about all of this behind-the- If we do not act today, we would im- of the FSC structure, while establishing a new scenes wheeling and dealing to get as pose a huge cost on the economy of structure which would be responsive to the much welfare for themselves, by some this country, particularly on some of European Union's challenge. who wrote the bill, as they possibly the industries in manufacturing that However, I simply want to express my con- could: ‘‘Do not look at the details of have the best paying jobs. If we do not cern over the impact that H.R. 4986 would the largesse, just give it to us as fast as act today, we would put our workers at have on the U.S. territories. Under the current you can.’’ a competitive disadvantage and effec- FSC system, U.S. territories have been able to This bill represents everything that tively balance our budget on their benefit through tax exemptions for U.S. ex- is wrong with the special interest backs. porting industries. With the repeal of the FSC domination of the legislative process in Mr. Speaker, if we do not act today, system, we will no longer to be able to offer America today. It provides ample jus- we will explode our already large trade this incentive although I understand that cur- tification for the cynicism that more deficit and put our economy in a down- rent contracts will be honored. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11895 In Guam, there are around 211 FSC licens- leagues and the Clinton Administration to sup- Creating this new, expanded loophole to as- ees, generating around $170,000 to the Gov- port the Guam Foreign Direct Investment Eq- sist corporations in escaping their fair share of ernment of Guam. However, license fees are uity Act to offset the adverse impact of H.R. the tax burden in the U.S. makes a mockery only some of the direct benefits from FSCs. 4986 on Guam. Please include equitable tax of pleas by my colleagues to simplify the tax Other direct benefits include compensation for treatment for foreign investors in Guam during code and improve fairness. Guam attorneys and other professionals, bank any final omnibus budget or tax package. For nearly two decades, beginning with the deposits, and funds generated through the Mr. CRANE. Mr. Speaker, I yield 2 Revenue Act of 1971 (P.L. 92±178), the U.S. hotel and restaurant industries that host FSC minutes to the gentlewoman from the provided tax incentives for exports. However, corporate meetings. Indirect benefits would be Virgin Islands (Mrs. CHRISTENSEN), our our trading partners complained that these in- the cumulative effect that FSCs and other tax distinguished colleague. centives violated our commitments under the incentives have on attracting U.S. businesses Mrs. CHRISTENSEN. Mr. Speaker, I General Agreement on Tariffs and Trade to Guam. want to thank the distinguished gen- (GATT). While not conceding the violation, in Be it as it may, the writing is on the wall for tleman from Illinois (Mr. CRANE), the 1984, Congress scrapped the Domestic Inter- FSCs as we now know it. Therefore, I am ap- chairman of the Subcommittee on national Sales Corporation (DISC) provisions pealing to the Clinton administration, particu- Trade, for yielding me this time to and created the Foreign Sales Corporation larly the Treasury Department, to offset the speak on an issue that is very impor- (FSC) provisions. The differences are highly economic impact of today's legislation with the tant to all of the territories, and my technical and probably only understood by means necessary to allow the U.S. territories constituents included. international tax bureaucrats. to promote economic self-sufficiency during Mr. Speaker, while H.R. 4986 is clear- Under the FSC provision, corporations can any negotiations with the Congress on any ly necessary for our country to avoid exempt between 15 and 30 percent of their final omnibus budget or tax package. having sanctions imposed on us by the export income from taxation by routing a por- Apart from H.R. 3247, which would provide European Union, for me and the people tion of their exports through a FSC. Our trad- empowerment zones for the U.S. territories, I of the Virgin Islands, who I represent, ing partners, specifically the European Union have worked closely with my colleagues to its enactment into law will mean the (EU), were not satisfied with the somewhat enact legislation that I authorized which would loss of nearly $11 million to our already cosmetic changes made to the U.S. tax code. level the playing field for foreign investors in depressed local treasury. Going back on a verbal gentleman's agree- Guam through the passage of the Guam For- Through no fault of our own and de- ment not to challenge our respective tax eign Direct Investment Equity Act. spite the efforts of my colleagues on codes under global trading rules, the EU filed My legislation would provide Guam with the the Committee on Ways and Means and a complaint with the World Trade Organization same tax rates as the fifty states under inter- the administration to mitigate the ad- (WTO), successor to GATT, essentially argu- national tax treaties. Since the U.S. cannot verse effects on us, the Virgin Islands ing the same thing that was argued about unilaterally amend treaties to include Guam in stands to lose hundreds of direct and DISCs. Namely that export subsidies were ille- its definition of United States, my bill amends indirect jobs in the FSC industry, in gal under global trading rules by conferring an Guam's Organic Act, which has an entire tax addition to the millions in FSC fran- unfair advantage on recipient companies. A secretive WTO tribunal ruled against the section that ``mirrors'' the U.S. Internal Rev- chise fees that the local government U.S. Dutifully, the U.S. appealed the decision. enue Code. collects. As background, under the U.S. Code, there Earlier this year, the WTO appeals panel This action by the European Union is a 30 percent withholding tax rate for foreign upheld the earlier decision and ordered the to challenge our FSC program in the investors in the United States. Since Guam's U.S. to repeal the FSC provision or risk sub- WTO could not have come at a worse tax law ``mirrors'' the rate established under stantial retaliatory measures. time for the Virgin Islands as our local the U.S. Code, the standard rate for foreign in- Specifically, the WTO appeals panel wrote, economy continues to suffer from the vestors in Guam is 30 percent. ``By entering into the WTO Agreement, each The Guam Foreign Direct Investment Equity effects of 10 years of devastation from Member of the WTO has imposed on itself an Act provides the Government of Guam with several killer hurricanes. obligation to comply with all terms of that the authority to tax foreign investors at the What I want my colleagues to under- Agreement. This is a ruling that the FSC same rates as states under U.S. tax treaties stand that while this bill is necessary measure does not comply with all those terms. with foreign countries since Guam cannot because of what it means for the coun- The FSC measure creates a `subsidy' be- change the withholding tax rate on its own try, it is a blow for the people of the cause it creates a `benefit' by means of a `fi- under current law. Under U.S. Tax treaties, it Virgin Islands and the other terri- nancial contribution', in that government rev- is a common feature for countries to negotiate tories. It is my intention to continue enue is foregone that is òtherwise due.' This lower withholding rates on investment returns. to work with my colleagues in the Con- `subsidy' is a `prohibited export subsidy' under Unfortunately, while there are different defini- gress and the administration to assist the SCM Agreement [Agreement on Subsidies tions for the term `Ùnited States'' under these the Virgin Islands and the other terri- and Countervailing Measures] because it is treaties, Guam is not included. Such an omis- tories in replacing the loss of this pro- contingent on export performance. It is also an sion has adversely impacted Guam since 75 gram and the loss of revenues that this export subsidy that is inconsistent with the percent of Guam's commercial development is bill will mean for us. Agreement on Agriculture. Therefore, the FSC funded by foreign investors. As an example, Mr. Speaker, I thank the gentleman Measure is no consistent with the WTO obli- with Japan, the U.S. rate for foreign investors from Illinois once again for yielding gations of the United States.'' is 10 percent. That means while Japanese in- me this time. In other words, it is unfair and illegal under vestors are taxed at a 10 percent withholding Mr. STARK. Mr. Speaker, I yield global trade rules for the U.S. tax code to pro- tax rate on their investments in the fifty states, such time as he may consume to the vide welfare for corporations by allowing them those same investors are taxed at a 30 per- gentleman from Oregon (Mr. DEFAZIO). to escape taxes that would otherwise be due. cent withholding rate on Guam. (Mr. DEFAZIO asked and was given At this point, one would expect that my col- While the long term solution is for U.S. ne- permission to revise and extend his re- leagues who, on most occasions eloquently gotiators to include Guam in the definition of marks.) defend the need for ``rules based trade'' and the term `Ùnited States'' for all future tax trea- Mr. DEFAZIO. Mr. Speaker, I rise in ``free markets'', to adhere to the WTO directive ties, the immediate solution is to amend the strong opposition to the legislation. and repeal FSC. Because I assumed my col- Organic Act of Guam and authorize the Gov- We again find ourselves debating replacing leagues would want to be intellectually con- ernment of Guam to tax foreign investors at a rather arcane section of the tax code that al- sistent, I introduced legislation shortly after the the same rates as the fifty states. Other terri- lows corporations to avoid a portion of their WTO ruling to repeal FSC. tories under U.S. jurisdiction have already tax bill by establishing largely paper entities in After all, precedent proved the U.S. was remedied this problem through Delinkage, a filing cabinet in a tax haven like Barbados more than willing to bend to the will of the their unique covenant agreements with the with the equally arcane tax provisions of H.R. WTO. When the WTO ruled against a provi- federal government, or through federal statute. 4986, the FSC Repeal and Extraterritorial In- sion of the 1990 Clean Air Act, the Environ- Guam, therefore, is the only state or territory come Exclusion Act of 2000. mental Protection Agency gutted its clean air in the United States which is unable to take And, once again, the legislation has been regulations in order to allow dirtier gasoline advantage of this tax benefit. brought to the floor under suspension of the from Venezuela to be sold in the U.S. As the House considers H.R. 4986, as rules, which cuts off any ability to improve Similarly, when Mexico threatened a WTO amended by the Senate, I implore my col- what is a truly dismal bill. enforcement action on a 1991 GATT case it H11896 CONGRESSIONAL RECORD — HOUSE November 14, 2000 had won that eviscerated the Dolphin Protec- Of course, protests will be heard from sup- pean nations about their high tax burdens, but tion Act, the U.S. went along to get along. In porters of H.R. 4986 that it gets rid of the ex- now, suddenly their tax burden is too low and, fact, the Clinton Administration sent a letter to port requirement. In testimony before the therefore, U.S. companies need subsidies in Mexican President Ernesto Zedillo declaring Ways and Means Committee, Deputy Sec- order to compete? that weakening the standard by which tuna retary Eizenstat said the Chairman's mark is Let's be clear, this legislation is not about must be caught in ``dolphin-safe'' nets `ìs a ``not export-contingent.'' Of course, that claim the competitiveness of large, wealthy, multi- top priority for my administration and me per- is absurd. If a company sells products solely national corporations based in the United sonally.'' in the U.S., they don't qualify for the tax sub- States. It is about wealthy campaign contribu- The WTO also ruled against the Endan- sidy. That is, by definition, an export subsidy. tors wanting to keep and expand their $5 bil- gered Species Act provisions that required Therefore, the criticisms of export subsidies lion-plus tax subsidies and elected officials U.S. and foreign shrimpers to equip their nets previously mentioned would apply to this new willing to do their bidding. with inexpensive turtle excluder devices if they legislation as well. Not only does H.R. 4986 allow these com- wanted to sell shrimp in the U.S. market. The President Nixon originally proposed export panies to continue receiving billions in tax goal was to protect endangered sea turtles. subsidies, which became the DISC and then breaks, but it actually expands them. This leg- The Clinton Administration agreed to comply FSC, because he was alarmed at the size of islation will cost U.S. taxpayers another $300 with the ruling. the U.S. trade deficit, which was $1.4 billion in million a year or more. Given this record of acquiescing to the 1971, a number that seems almost quaint by It is also unfortunate that this legislation WTO, one could be forgiven for assuming the today's standards. As Paul Magnusson noted subsidizes a number of industriesÐsuch as Clinton Administration and Congress would in the September 4, 2000, Business Week, defense contractors, tobacco companies, and behave in a similar manner when losing a FSC ``produced some hefty tax savings for big pharmaceutical firmsÐthat have no business case on tax breaks for corporations. U.S. exporters, but it never did actually do receiving any more taxpayer hand-outs. Of course, sea turtles and dolphins don't much to narrow the trade deficit, which hit a Take the defense industry, for example. make massive campaign contributions, or any record $339 billion last year.'' And which, I Under the current FSC regime, defense con- campaign contributions for that matter. But, should add, has continued to set new records tractors can only claim 50 percent of the tax the large corporations who would be impacted virtually every month this year. benefit available to other industries. The legis- by the WTO decisions against FSCs do. I can't understand why it makes sense to lation before us today allows the defense in- Apparently not bothered by the hypocrisy, subsidize U.S. exporters to the tune of $5 bil- dustry to claim the full benefit available to oth- immediately after the ruling by the WTO ap- lion or more when the economic impact is ers. peals panel, the Clinton Administration, a few ``probably nil'' or worse. Leaving aside the fact that U.S. taxpayers Members of Congress, and the business com- The economic rationale further deteriorates are already overly generous to defense con- munity openly declared the need to maintain when one realizes, as the previous quotes tractors, which no doubt they are, expanding the subsidy in some form and began meeting suggest, that export subsidies discriminate this corporate welfare will have no discernable in secret to work out the details on how to cir- against mom-and-pop stores who don't have impact on overseas sales. The Treasury De- cumvent the WTO ruling and maintain these the resources to export and against U.S. in- partment noted in August 1999, ``We have valuable, multi-billion dollar tax incentives. dustries that must compete with imports. This seen no evidence that granting full FSC bene- Now, it is will-known that I am not a big fan means that export subsidies distort markets by fits would significantly affect the level of de- of the WTO. It is an unaccountable, secretive, pre-ordaining winners and losers. The win- fense exports.'' undemocratic bureaucracy that looks out sole- ners? Large exporters and foreign consumers In 1997, the CBO made a similar point, ly for the interests of multinational corporations who get to enjoy lower priced U.S. products `Ù.S. defense industries have significant ad- subsidized by U.S. taxpayers. The losers? and investors at the expense of human rights, vantages over their foreign competitors and Small businesses, U.S. taxpayers, and import- labor standards, national sovereignty, and the thus should not need additional subsidies to competing industries. attract sales.'' environment. I find it interesting while Treasury has spent But, by pointing out that export subsidies Even the Pentagon has acknowledged this a great deal of time figuring out how to com- like FSCs are corporate welfare, however, the fact by concluding in 1994, `Ìn a large number bat corporate tax shelters that have no eco- WTO has done U.S. taxpayers a favor. Unfor- of cases, the U.S. is clearly the preferred pro- nomic rationale, as discussed in a July 1999 vider, and there is little meaningful competition tunately, this legislation before us today only report, that they would push this corporate with suppliers from other countries. An in- does wealthy corporations a favor. welfare, which also has no economic rationale. I have several problems with H.R. 4986 be- So, who specifically benefits? The journal crease in the level of support the U.S. govern- sides the intellectual inconsistency. I will touch Tax Notes conducted a revealing study of ment currently supplies is unlikely to shift the on each of these now. FSCs in its August 14, 2000, edition. The arti- U.S. export market share outside a range of First, and perhaps most importantly, there is cle profiled the 250 companies that reported 53 to 59 percent of worldwide arms trade.'' little or no economic rationale for export sub- $1.2 billion in FSC tax savings in 1998. The As Ways and Means Committee Member, sidies like FSCs or the provisions of H.R. top 20 percent of the companies in the sample Representative DOGGETT, noted in his dis- 4986. In its April 1999 Maintaining Budgetary claimed 87 percent of the benefits. The two senting views on H.R. 4986, `Ìn 1999, without Discipline report, the Congressional Budget largest FSC beneficiaries were the General the bonanza provided by this bill, U.S. defense Office (CBO) noted `Èxport subsidies, such as Electric Company and Boeing, which saw their contractors sold almost $11.8 billion in weap- FSCs, reduce global economic welfare and tax bills reduced by $750 million and $686 mil- ons overseasÐmore than a third of the may even reduce the welfare of the country lion, respectively from 1991±1998. world's total and more than all European granting the subsidy, even though domestic What are some of the other top FSC cor- countries combined.'' export-producing industries may benefit.'' porate welfare queens? Motorola, Caterpillar, The U.S. should stop the proliferation of Similarly, in August 1996, CBO wrote, `Èx- Allied-Signal, Cisco Systems, Monsanto, Ar- weapons and war, not expand it as this bill in- port subsidies do not increase the overall level cher Daniels Midland, Oracle, Raytheon, RJR tends. of domestic investment and domestic Nabisco, International Paper, and ConAgra. The pharmaceutical industry is another in- employment...In the long run, export sub- The list reads like a who's who of extraor- dustry that does not need or deserve addi- sidies increase imports as much as exports. dinarily profitable multinational corporations. tional subsidies from U.S. taxpayers. The in- As a result, investment and employment in im- Hardly companies that should need to feed dustry already receives substantial research port-competing industries in the United States from the taxpayer trough. and development tax credits as well as the would decline about as much as they in- Furthermore, American subsidiaries of Euro- benefits flowing from discoveries by govern- creased in the export industries.'' pean firms take advantage of U.S. taxpayers ment scientists. As Representative STARK Need further evidence? The Congressional through export subsidies. British Petroleum, noted in his dissenting views, drug companies Research Service (CRS) has written `Èco- Unilever, BASF, Daimler Benz, Hoescht, and lowered their effective tax rate by nearly 40 nomic analysis suggests that FSC does in- Rhone-Poulenc are all FSC beneficiaries. The percent relative to other industries from 1990 crease exports, but likely triggers exchange fact that foreign companies can also claim ex- to 1996 and were named the most profitable rate adjustments that also result in an in- port benefits pokes a large hole in the argu- industry in 1999 by Fortune Magazine. crease in U.S. imports; the long run impact on ment that these tax benefits are needed to en- The industry sells prescription drugs at far the trade balance is probably nil. Economic sure the competitiveness of U.S. businesses. cheaper prices abroad than here in the U.S. theory also suggests that FSC probably re- Similarly, isn't it a bit odd that economists For example, seniors in the U.S. pay twice as duces aggregate U.S. economic welfare. and U.S. policymakers like to lecture Euro- much for prescriptions as those in Canada or November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11897 Mexico. It is an affront to U.S. taxpayers to tember 5, 2000, the Washington Times wrote, of tax policy; indeed, they count on the force them to further subsidize an industry that ``The Ways and Means Committee boasts that public not understanding it, and they is already gouging them at the pharmacy as support for its revised FSC bill was bipartisan permit a measly 40 minutes of debate this bill would do. and near unanimous. It remains a bipartisan time. In direct contradiction of various federal poli- and near unanimous blunder.'' Instead of actually debating the issue cies to combat tobacco related disease and I urge my colleagues to vote against H.R. and letting the chips fall where they death in the U.S., this legislation would force 4986. may, Mr. Speaker, they rush to submit U.S. taxpayers to subsidize the spread of big Mr. STARK. Mr. Speaker, I yield 2 something, anything to the WTO as tobacco's coffin nails to foreign countries. This minutes to the gentleman from Massa- soon as possible, even something they violates the American taxpayers' sense of de- chusetts (Mr. TIERNEY). will most certainly reject, and have ex- cency and respect. Their money should not be Mr. TIERNEY. Mr. Speaker, I rise pedited the legislative process to a used to push a product onto foreign countries today in opposition to this. point of incoherence. We should vote that kills one-third of the people who use it as Mr. Speaker, basically, I want to against this legislation. intended. point out in response to some of the Mr. CRANE. Mr. Speaker, I yield my- By placing H.R. 4986 on the suspension comments made by our colleagues on self such time as I may consume. calendar, debate is prematurely cut off and the other side, this attempt to replace Mr. Speaker, let me just commend amendments to reduce support for drug com- current legislation for the Foreign our colleagues on the other side of the panies, the defense industry or tobacco com- Sales Corporation tax provision really aisle who have joined in a collegial and panies can not be considered. But, I guess in some instances doubles the benefit bipartisan way in support of advancing that is just par for the course for a process that existing companies are now get- a piece of legislation that is of pro- that has taken place in relative secrecy be- ting, in particular those of the arms found significance and importance to tween a few Members of Congress, the Ad- manufacturers and exporters. the welfare of our economy and the administration, and the industries that stand to At the very least, we would hope we vancement of our continuing role as benefit from this legislation. would have an opportunity to go the biggest export country on the face You may not hear this in the debate much, through committee and deal with this of this Earth. but it is important to point out that the EU has on a matter where we could have some We have an opportunity here to con- already put the U.S. on notice that H.R. 4986 amendments and if not eliminate this tinue to move down that positive path. does not satisfy its demands. According to the Foreign Sales Corporation tax provi- We have always had that good bipar- EU, H.R. 4986 still provides an export subsidy, sion, at least put amendments in there tisan support for these kinds of initia- maintains a requirement that a portion of a that would bring it back to what is tives in the post-World War II era. product contain U.S.-made components, and now, as there is no basis in fact or any I thank Members on both sides, and I does not repeal FSCs by the October 1st argument for why we are doubling in urge my colleagues to get behind this deadline. Therefore, it is likely the EU will ask some instances the benefit the corpora- bill and vote aye. the WTO to rule on the legality of the U.S. re- tions would get. Mr. PAUL. Mr. Speaker, today we are faced forms. Most independent analysts agree with In fact, passage of their particular re- with a decision to do the right thing for the the EU critique of H.R. 4986. placement legislation is going to result wrong reasons or the wrong thing for the So, it is reasonable to assume the WTO will in a rejection by the WTO. Everybody wrong reasons. We have heard proponents of again rule against the U.S. and allow the EU knows that in advance. We are going to this FSC bill argue for tax breaks for U.S. ex- to impose retaliatory sanctions against U.S. be in a position where the United porters, which, of course, should be done. products. According to some press accounts, States companies are going to be pe- Those proponents, however, argue that this the EU would be able to impose 100 percent nalized, and it is not going to be the must be done to move the United States into tariffs on around $4 billion worth of U.S. companies necessarily that would be compliance with a decision by the WTO tri- goods. These would be the largest sanctions the ones benefitting from this proposed bunal. Alternatively, opponents of the bill, ever imposed in a trade dispute. In other replacement legislation. There is going argue that allowing firms domiciled in the words, this inadequate reform of export sub- to be other small businesses, people United States to keep their own earnings re- sidies will open up the U.S. to retaliatory ac- that depend on financing their business sults in some form of subsidy to the `èvil'' cor- tion by the EU, which will harm exports as operations and paying their help and porations. If we were to evaluate this legisla- much or more than any perceived benefit that their workers, who are going to be pe- tion based upon the floor debated, we would would be provided by H.R. 4986. Of course, nalized when the WTO allows retribu- be left with the choice of abandoning U.S. the exporters that will be hurt by retaliatory tion for this. sovereignty in the name of WTO compliance sanctions probably won't be the same busi- We are going to be exposed to pen- or denying private entities freedom from ex- nesses that will enjoy the tax windfall provided alties that we ought not to be exposed cess taxation. by this legislation. to. This situation is not even a close Setting aside the aforementioned false Mr. Speaker, ADM is not suffering. Cisco call. Mr. Speaker, no one questions choice of globalism or oppression by taxation, Systems is not suffering. Raytheon is not suf- whether this is even good tax policy. there are three reasons to consider voting fering. Miscroft is not struggling mightily to The General Accounting Office, the against this bill. First, it perpetuates an inter- keep its head above water. But, the American Congressional Budget Office, the Con- national trade war. Second, this bill is brought people are. Schools are crumbling, 45 million gressional Research Service have all to the floor as a consequence of a WTO ruling Americans have no health insurance, individ- argued the foreign sales corporations against the United States. Number three, this uals are working longer hours for less money have a negligible effect on trade. bill gives more authority to the President to with the predictable stress on families, million issue Executive Orders. b 1045 of seniors do not have access to affordable Although this legislation deals with taxes prescription drugs, and poverty remains stub- In fact, the Congressional Research and technically actually lowers taxes, the rea- bornly high, particularly among children. Service argues that one of the greatest son the bill has been brought up has little to Rather than debating how to preserve bil- beneficiaries of this tax preference is do with taxes per se. To the best of my knowl- lions in tax subsidies for some of our largest foreign consumers who will pay a lower edge there has been no American citizen corporations, we should be figuring out how to price for products subsidized at our making any request that this legislation be address some of these issues. How many taxpayers’ expense. As there exists no brought to the floor. It was requested by the times over are we going to spend projected, evidence that the foreign sales corpora- President to keep us in good standing with the and I stress projected, surpluses. If we want to tions actually improve United States WTO. pay down the national debt, provide prescrip- trade or create jobs, this hardly seems We are now witnessing trade war protection drugs, shore up Social Security and Medi- to be a judicious use of some $5 billion. tionism being administered by the World (Gov- care, and increase funding for education, Con- Given that this bill was written al- ernment) Trade OrganizationÐthe WTO. For gress cannot keep showering wealthy corpora- most completely behind closed doors, two years now we have been involved in an tions with unjustifiable tax subsidies. one would hope that it would at least ongoing trade war with Europe and this is just I will end with a quote from a newspaper I'm be given a full public debate. Instead, one more step in that fight. With this legisla- not normally inclined to agree with editorially, proponents cynically assume that the tion the U.S. Congress capitulates to the de- the Washington Times. In an editorial on Sep- public will not understand the matter mands of the WTO. The actual reason for this H11898 CONGRESSIONAL RECORD — HOUSE November 14, 2000 legislation is to answer back to the retaliation In addition to the danger of a recession and WTO and the European Union for repealing of the Europeans for having had a ruling a continual problem with currency fluctuation, the FSC. I don't know which is worseÐthat against them in favor of the United States on there are also other problems that will surely the current leadership is so incapable of gov- meat and banana products. The WTO obvi- aggravate this growing trade war. The Euro- erning that they can't meet an extended dead- ously spends more time managing trade wars peans have already complained and have line, or that they have failed to comply with the than it does promoting free trade. This type of threatened to file suit in the WTO against the WTO ruling by attempting to replace one ex- legislation demonstrates clearly the WTO is in Americans for selling software products over port subsidy with something remarkably simi- charge of our trade policy. the Internet. Europeans tax their Internet sales lar. The Wall Street Journal reported on 9/5/00, and are able to get their products much Then the Senate Finance Committee made `Àfter a breakdown of talks last week, a multi- cheaper when bought from the United States some minor changes to the bill that appears to billion-dollar trade war is now about certain to thus penalizing European countries. Since the bring the U.S. closer to WTO compliance than erupt between the European Union and the goal is to manage things in a so-called equi- the House version without sacrificing the cur- U.S. over export tax breaks for U.S. compa- table manner the WTO very likely could rule rent tax benefit received by Caterpillar Inc. nies, and the first shot will likely be fired just against the United States and force a tax on This version came back to the House and was weeks before the U.S. election.'' our international Internet sales. voted on in H.R. 2614, the $240 billion GOP Already, the European Trade Commissioner, Congress has also been anxious to block tax package. The House leadership thought Pascal Lamy, has rejected what we're at- the Voice Stream Communications planned they were doing their corporate constituents a tempting to do here today. What is expected purchase by Deutsche Telekom, a German favor by attaching the FSC to a bloated tax is that the Europeans will quickly file a new government-owned phone monopoly. We have package. Now we're here once again because suit with the WTO as soon as this legislation not yet heard the last of this international trade the majority leadership thought they could bait is passed. They will seek to retaliate against fight. Clinton into signing a bad tax bill if they at- United States companies and they have al- The British also have refused to allow any tached the FSC to it. No such luck! Clinton ready started to draw up a list of those prod- additional American flights into London. In the has threatened to veto the tax bill and the ucts on which they plan to place punitive tar- old days the British decided these problems, Senate has no intentions of acting on it. iffs. under the WTO the United States will surely The bill before us today is nothing more The Europeans are expected to file suit file suit and try to get a favorable ruling in this than corporate welfare for some of the nation's most profitable industries. The European against the United States in the WTO within area thus ratcheting up the trade war. 30 days of this legislation going into effect. Americans are especially unhappy with the Union has filed a complaint with the World This legislation will perpetuate the trade war French who have refused to eliminate their Trade Organization (WTO) that the FSC is an and certainly support the policies that have farm subsidiesÐlike we don't have any in this export tax subsidy and therefore illegal under created the chaos of the international trade country. international trade laws. I completely agree. negotiations as was witnessed in Seattle, The one group of Americans that seem to Yet instead of repealing the tax subsidy and Washington. get little attention are those importers whose complying with our international trade obliga- The trade war started two years ago when businesses depend on imports and thus get tions, this bill seeks to remedy the FSC with the United States obtained a favorable WTO hit by huge tariffs. When 100 to 200 percent a near exact replacement. ruling and complained that the Europeans re- The Institute on Taxation and Economic Pol- tariffs are placed on an imported product, this fused to import American beef and bananas icy recently released a report that shows a virtually puts these corporations out of busi- from American owned companies. rise in pretax corporate profits by a total of ness. The WTO then, in its administration of the 23.5 percent from 1996 through 1998. At the The one thing for certain is this process is trade war, permitted the United States to put same time, U.S. Treasury corporate income not free trade; this is international managed on punitive tariffs on over $300 million worth tax revenues only rose by a mere 7.7 percent. trade by an international governmental body. of products coming into the United States from In addition to the myriad of corporate tax de- The odds of coming up with fair trade or free Europe. This only generated more European ductions this Congress insists on expanding, trade under WTO are zero. Unfortunately, anger who then objected by filing against the programs such as the FSC can help explain United States claiming the Foreign Sales Cor- even in the language most commonly used in the disparity in corporate profits and corporate poration tax benefit of four billion dollars to our the Congress in promoting ``free trade'' it usu- income tax rates. corporations was `à subsidy.'' ally involves not only international government The FSC helps subsidize some of the most On this issue the WTO ruled against the managed trade but subsidies as well, such as profitable industries such as the pharma- United States both initially and on appeal. We those obtained through the Import/Export Bank ceutical, tobacco and weapons export indus- had been given till November 1st to accommo- and the Overseas Private Investment Corpora- tries. Why should Congress help out the phar- date our laws to the demands of the WTO. tion and various other methods such as the maceutical industry if the industry insists on H.R. 4986 will only anger the European Foreign Aid and our military budget. charging U.S. consumers more for prescription Union and accelerate the trade war. Most like- Lastly, despite a Constitution which vests in drugs than they charge in Europe? We ly within two months, the WTO will give per- the House authority for regulating foreign com- shouldn't! The pharmaceutical industry sells mission for the Europeans to place punitive merce (and raising revenue, i.e. taxation), this prescription drugs in the U.S. at prices that tariffs on hundreds of millions of dollars of bill unconstitutionally delegates to the Presi- are 190±400 percent higher than what they U.S. exports. These trade problems will only dent the `àuthority'' to, by Executive order, charge in Europe. The U.S. subsidizes the worsen if the world slips into a recession when suspend the tax break by designating certain pharmaceutical industry by approximately protectionist sentiments are strongest. Also, property `ìn short supply.'' Any property so $123 million per year through the FSC. This is since currency fluctuations by their very nature designated shall not be treated as qualifying unfair to the American taxpayer and must not stimulate trade wars, this problem will continue foreign trade property during the period begin- be allowed to happen. with the very significant weakness of the ning with the date specified in the Executive The top 20 percent of FSC beneficiaries ob- EURO. order. tained 87 percent of the FSC benefit in 1998. The United States is now rotating the goods Free trade should be our goal. We should The two largest FSC beneficiaries, General that are to receive the 100 to 200 percent tariff trade with as many nations as possible. We Electric and Boeing, received almost $750 mil- in order to spread the pain throughout the var- should keep our tariffs as low as possible lion and $686 million in FSC benefits over 8 ious corporations in Europe in an effort to get since tariffs are taxes and it is true that the years, respectively. RJ Reynolds' FSC benefit them to put pressure on their governments to people we trade with we are less likely to fight represents nearly six percent of its net income capitulate to allow American beef and ba- with. There are many good sound, economic while Boeing's FSC benefit represents twelve nanas to enter their markets. So far the prod- and moral reasons why we should be en- percent of its earnings! ucts that we have placed high tariffs on have gaged in free trade. But managed trade by the It is high time we stop allowing corporate in- not caused Europeans to cave in. The threat WTO does not qualify for that definition. terests to dictate U.S. spending. We didn't of putting high tariffs on cashmere wool is Mr. STARK. Mr. Speaker, I rise today in ad- pass a prescription drug benefit for seniors in something that the British now are certainly amant opposition to H.R. 4986, the Foreign the 106th Congress so we shouldn't be rush- unhappy with. Sales Corporation replacement bill. This bill is ing through a piece of legislation that gives The Europeans are already well on their a blatant form of corporate welfare, ruled ille- corporations a $5 billion per year tax break. I way to getting their own list ready to ``scare'' gal under international trade laws by the World urge my colleagues to put working families, the American exporters once they get their Trade Organization (WTO). The U.S. has al- children and our seniors first, and oppose H.R. permission in November. ready missed two deadlines imposed by the 4986. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11899 Ms. KILPATRICK. Mr. Speaker, I rise today The question was taken. purchased in part with Community De- in opposition to the passage of H.R. 4986, the The SPEAKER pro tempore. In the velopment Block Grant funding are Senate Amendments to the Foreign Sales opinion of the Chair, two-thirds of used for health care facilities unless al- Corporation (FSC) Repeal and Extraterritorial those present have voted in the affirm- ternatives are approved by all of the Income Exclusion Act. While it is important ative. tribes. that our nation's businesses have the benefit Mr. STARK. Mr. Speaker, on that I There have been a number of com- of a level playing field when competing against demand the yeas and nays. plicated issues with regard to the origi- foreign businesses, we should not do so on The yeas and nays were ordered. nal version of this legislation; and the back of the American Public or to the det- The SPEAKER pro tempore. Pursu- through the work of the gentleman riment of the health and welfare of those out- ant to clause 8 of rule XX and the from California (Mr. HUNTER) and the side of our borders. Let it not be said that we Chair’s prior announcement, further gentleman from California (Mr. FIL- are a nation willing to sacrifice all principles for proceedings on this motion will be NER), those issues have been addressed. the welfare of our nation's businesses. postponed. We appreciate the work of our col- The measure before us, effective for trans- f leagues on this legislation and support actions entered after September 30, 2000, will its passage. allow both individuals and companies an ex- PROHIBITION OF GAMING ON CER- Mr. Speaker, I reserve the balance of emption from federal taxes of all income TAIN INDIAN LANDS IN CALI- my time. earned abroad (whether or not the product is FORNIA Mr. GILCHREST. Mr. Speaker, I manufactured in the United States or abroad). Mr. GILCHREST. Mr. Speaker, I yield such time as he may consume to The measure does require that 50% of the move to suspend the rules and pass the the gentleman from California (Mr. components of the final product be manufac- bill (H.R. 5477) to provide that gaming HUNTER). tured in the United States. The measure also shall not be allowed on certain Indian Mr. HUNTER. Mr. Speaker, I want to eliminates current law allowing for the creation trust lands in California that were pur- thank the gentleman from Maryland of Foreign Sales Corporations. Although I sup- chased with certain Federal grant (Mr. GILCHREST) for yielding me this ported the measure when it was originally con- funds, as amended. time and taking the leadership, along sidered in the House facts have come to light The Clerk read as follows: with the Democrat side of the aisle. I that have given me pause to support the H.R. 5477 note that this is bipartisan legislation measure. Be it enacted by the Senate and House of Rep- supported by the gentleman from Cali- I believe that there are questions concerning resentatives of the United States of America in fornia (Mr. FILNER) and the gentleman the process used to move this measure. The Congress assembled, from California (Mr. CUNNINGHAM) and FSC is a complicated matter that warrants the SECTION 1. RESTRICTION ON RELINQUISHMENT the gentleman from California (Mr. full and deliberate consideration of the entire OF LEASE. BILBRAY) in the San Diego delegation. House. Considering this measure under sus- Prior to January 1, 2003, the Secretary of Mr. Speaker, this is a fairly straight- pension of the rules clearly inhibits this body's the Interior shall not approve the relinquish- forward bill. This involves some 8-plus ability to make the most informed decision ment of any lease entered into for the establishment of a health care facility for the acres of land in the community in Al- about this important matter which will affect pine, California, in my congressional the people we represent. members of seven Indian Tribes or Bands in San Diego County, California, unless the district in San Diego County. It is land Policy questions concerning this matter also Secretary has determined that the relin- that was purchased with Community abound. For example, during consideration of quishment of such lease has been approved, Development Block Grant funds. the bill an amendment was pursued that would by tribal resolution, by each of the seven In- This land was purchased with these have exempted tobacco companies from the dian Tribes or Bands. funds for the purpose of constructing a tax exemption provided under the measure. It The SPEAKER pro tempore. Pursu- health clinic for the seven tribes that is argued that this measure will give tobacco ant to the rule, the gentleman from presently live or are located in that companies an estimated $100 million in tax- Maryland (Mr. GILCHREST) and the gen- particular vicinity; and, indeed, the payer subsidies to export cigarettes. It is fur- tleman from Colorado (Mr. UDALL) clinic today supports some 10,000 visits ther argued that this subsidy provides incen- each will control 20 minutes. per year. Not only are tribal members tives to tobacco companies to maximize and The Chair recognizes the gentleman admitted to the clinic but also non- promote sales in other countries. It gives me from Maryland (Mr. GILCHREST). tribal members, so it is a valuable pause to think that the policy Congress en- Mr. GILCHREST. Mr. Speaker, I asset. dorses in this measure will give the impression yield myself such time as I may con- Part of the land was put in the name that while we care about the health risks im- sume. of one of the tribes, the Cuyapaipe posed by tobacco use on American lives, we Mr. Speaker, this legislation, au- tribe, which is a wonderful tribe, some are not concerned about the health risks im- thored by the gentleman from Cali- 17 members whose traditional home- posed by tobacco use on foreign lives. fornia (Mr. HUNTER), will establish a lands are about 50 miles away. They Questions have also been raised on the ef- moratorium on the approval by the propose at this time, Mr. Speaker, to fect this measure will have on the U.S. econ- Secretary of Interior of the relinquish- omy. Proponents of the measure argue that build a casino on this health clinic land ment of a release of a health clinic the bill will spur domestic investment and em- that was purchased with CDBGs. until that relinquishment has been ap- We think, Mr. Speaker, having ployment through an increase in exports, while looked at this, that this is a fairly sub- opponents point to studies that indicate that proved by tribal resolution by each of `èxport subsidies, such as FSC's, reduce the seven tribes which would comprise stantial departure from the tradition global economic welfare and typically even re- the Southern Indian Health Council in of allowing the autonomy and all of the duce the welfare of the country granting the Alpine, California. activities that take place once the res- subsidy . . . [C]ompanies in import-com- The clinic was acquired and con- ervation status is attached to a piece peting industries reduce domestic investment structed with Indian Community De- of land to allow that to be expanded to and employment.'' I am hesitant to support a velopment Block Grant funds and was change a health clinic, which has been measure that may in fact be detrimental to the constructed by the Southern Indian purchased with Federal taxpayer dol- well being of our nation's economy. Health Council. lars and which resides on land that was Mr. Speaker, for these reasons I rise in op- I ask for Members to support this purchased with Federal taxpayer dol- position to H.R. 4986, and I recommend a nay legislation. lars, to allow that to be converted into vote on its passage. Mr. Speaker, I reserve the balance of a totally different use; that is, one of a Mr. CRANE. Mr. Speaker, I yield back my time. casino. the balance of my time. Mr. UDALL of Colorado. Mr. Speak- So this bill puts a 2-year moratorium The SPEAKER pro tempore (Mr. er, I yield myself such time as I may on this transfer for this purpose. We SIMPSON). The question is on the mo- consume. hope that that is going to allow the tion offered by the gentleman from Mr. Speaker, H.R. 5477, as amended, tribes to try to work out some type of Texas (Mr. ARCHER) that the House sus- is legislation which addresses the con- an adjustment, maybe some type of an pend the rules and concur in the Sen- cerns of seven Indian tribes in South- arrangement. We think it is appro- ate amendment to the bill, H.R. 4986. ern California to provide that lands priate to pass it at this time to keep H11900 CONGRESSIONAL RECORD — HOUSE November 14, 2000 this project from going forward. Again, I have similar concerns and for that reason I, [Roll No. 597] this is supported by all the Members of along with Congressman BOB RILEY, intro- YEAS—316 the San Diego delegation. It is a bipar- duced legislation (H.R. 5494) to block any Abercrombie Fowler Meeks (NY) tisan bill, and the gentleman from construction of a gambling operation on Indian Aderholt Frank (MA) Metcalf California (Mr. FILNER) is a cosponsor burial lands in Wetumpka, Alabama, which is Allen Franks (NJ) Mica Archer Frelinghuysen Miller (FL) of this resolution. located in my district. Armey Frost Miller, Gary Mr. CUNNINGHAM. Mr. Speaker, I rise When the Creek Indians took possession of Baca Gallegly Minge today to support H.R. 5477, introduced by my Bachus Gekas Mink the burial lands in 1980, they did so with fed- Baird Gephardt Mollohan colleague from California. Members should be eral funds as part of an agreement with the Baker Gibbons Moore aware that this legislation sets no new stand- federal government that the site would not be Barcia Gilchrest Moran (KS) ards on Indian gambling. It addresses one developed. In direct violation of the agree- Barr Gillmor Moran (VA) specific problem with one specific parcel of Barrett (NE) Gilman Morella ment, the Poarch Band of the Creek Indians Barrett (WI) Gonzalez Murtha land in San Diego County, California. now want to build a full-fledged casino on the Bartlett Goode Myrick I would hope that the matter before the property. H.R. 5494 would both block the es- Barton Goodling Napolitano House would be free from controversy. This tablishment of a casino on the tribal grounds Bass Gordon Neal legislation is supported by the entire San Bentsen Goss Nethercutt as well as order the Alabama Attorney Gen- Bereuter Graham Ney Diego delegation, with Mr. HUNTER, Mr. FILNER eral to pursue legal action in federal court Berkley Granger Northup and myself as sponsors. against the Creeks if they go forward with the Berman Green (TX) Norwood Berry Green (WI) Nussle This legislation prevents the Cuyapaipe In- construction project. dian tribe from using land and buildings not Biggert Greenwood Ortiz In closing, let me say I understand why Bilbray Gutknecht Ose connected to the tribe's traditional homeland communities are concerned about such activi- Bilirakis Hall (OH) Owens and purchased with HUD Community Develop- Bishop Hall (TX) Oxley ties going on in their backyard. Moral objec- ment Block Grants (CDBGs) for the establish- Blagojevich Hansen Packard tions to casino gambling notwithstanding, such Bliley Hastings (FL) Pastor ment of a massive Indian gaming casino. gaming activities place untold burdens on local Blumenauer Hastings (WA) Pease The Cuyapaipe Community of Diegueno police, fire, rescue, and other public services, Blunt Hayes Pelosi Mission Indians recently announced a pro- Boehlert Hayworth Petri not to mention the stress on local utilities and posal to relocate an outpatient health care Boehner Herger Phelps infrastructure. Bonilla Hill (IN) Pickering clinic operated by the Southern Indian Health Bono Hill (MT) Pickett Council (SIHC) in Alpine, California. The stat- Mr. UDALL of Colorado. Mr. Speak- Borski Hilleary Pitts ed purpose of the relocation is to permit the er, I have no further requests for time, Boswell Hilliard Pombo Cuyapaipe to construct a gaming casino on and I yield back the balance of my Boucher Hinojosa Pomeroy time. Boyd Hobson Portman the clinic property, which the Cuyapaipe claim Brady (TX) Hoeffel Price (NC) as their reservation. The Southern Indian Mr. GILCHREST. Mr. Speaker, I have Bryant Hoekstra Pryce (OH) Health Council was organized in 1982 by no more requests for time, and I yield Burton Hooley Quinn back the balance of my time. Buyer Horn Radanovich seven Indian tribes in southern San Diego Callahan Houghton Ramstad County to provide medical care to their mem- The SPEAKER pro tempore. The Calvert Hoyer Rangel bers. The Council's clinic provides vital health question is on the motion offered by Camp Hunter Regula Campbell Hutchinson Reyes care services to Indian and non-Indian pa- the gentleman from Maryland (Mr. Cannon Hyde Reynolds tients in a rural area of San Diego County, GILCHREST) that the House suspend the Capps Inslee Rodriguez serving over 10,000 patients per year, many of rules and pass the bill, H.R. 5477, as Cardin Isakson Roemer whom are from low income families. amended. Castle Istook Rogan Chambliss Jackson-Lee Rogers The Bureau of Indian Affairs (BIA) has re- The question was taken; and (two- Clay (TX) Rohrabacher cently rejected the Cuyapaipe tribe's applica- thirds having voted in favor thereof) Clayton Jenkins Ros-Lehtinen tion to build the casino, finding the paperwork the rules were suspended and the bill, Clement John Roukema Clyburn Johnson (CT) Royce incomplete. This provides a temporary stay of as amended, was passed. Coble Johnson, E. B. Ryan (WI) construction, leaving the door open to the fu- The title of the bill was amended so Collins Johnson, Sam Ryun (KS) ture conversion of the Cuyapaipe's health care as to read: Combest Jones (NC) Sabo center into a casino. The legislation before us Cooksey Kanjorski Salmon Cox Kelly Sanchez today prevents the tribe from using the clinic ‘‘A bill to establish a moratorium on approval by the Secretary of the Interior of re- Cramer Kildee Sandlin property to build a casino. linquishment of a lease of certain tribal Crane Kind (WI) Sanford Nothing in this legislation will prevent the lands in California.’’. Crowley King (NY) Sawyer Cuyapaipe from establishing gaming facilities Cubin Kingston Scarborough Cummings Knollenberg Schaffer on their traditional homeland. This bill does A motion to reconsider was laid on the table. Cunningham Kolbe Scott not affect the ability of the Cuyapaipe to build Davis (FL) Kuykendall Sensenbrenner a casino on their own reservation. In fact, as Davis (VA) LaHood Sessions f Deal Lampson Shadegg amended, the bill goes to great pains to avoid Delahunt Lantos Shaw stepping on the sensitive question of Indian DeLauro Larson Shays gaming. It does not amend the Indian Gaming FSC REPEAL AND EXTRATERRI- DeLay Latham Sherman Regulatory Act, and the amended version be- TORIAL INCOME EXCLUSION ACT DeMint LaTourette Sherwood Deutsch Lazio Shimkus fore us does not even deal with the question OF 2000 Diaz-Balart Leach Shuster of the rights of tribes to conduct gaming oper- The SPEAKER pro tempore. The Dicks Levin Simpson ations, or the relationship between tribal and Dixon Lewis (CA) Sisisky pending business is the question of sus- Dooley Lewis (KY) Skeen state governments. pending the rules and concurring in the Doolittle Linder Skelton Instead, the bill seeks to resolve a dispute Senate amendment to the bill, H.R. Doyle Lofgren Smith (MI) among several tribes, by requiring that they Dreier Lowey Smith (NJ) 4986. achieve consensus before changing the use of Duncan Lucas (KY) Smith (TX) The Clerk read the title of the bill. Dunn Lucas (OK) Smith (WA) land taken into trust for all of them. As one ad- Edwards Manzullo Snyder ditional protection, the bill sunsets in January The SPEAKER pro tempore. The Ehlers Martinez Souder of 2003, so the prohibition is actually a two- question is on the motion offered by Ehrlich Mascara Spence the gentleman from Texas (Mr. AR- Emerson Matsui Spratt year moratorium Engel McCarthy (MO) Stabenow CHER) that the House suspend the rules Mr. EVERETT. Mr. Speaker, I support my English McCollum Stearns distinguished colleague's bill H.R. 5477, which and concur in the Senate amendment Eshoo McCrery Stump would delay casino approval on Indian Trust to the bill, H.R. 4986, on which the yeas Etheridge McDermott Sununu and nays are ordered. Everett McHugh Sweeney Lands in California. I understand the distin- Ewing McInnis Tancredo guished gentleman's concern with Indian gam- The vote was taken by electronic de- Fletcher McIntyre Tanner ing and its effect on surrounding communities, vice, and there were—yeas 316, nays 72, Foley McKeon Tauscher especially when those effected communities answered ‘‘present’’ 1, not voting 43, as Ford McNulty Tauzin Fossella Meek (FL) Terry are not in favor of such gambling operations. follows: November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11901 Thomas Upton Wexler PROVIDING FOR CONDITIONAL AD- other purposes, to the end that the bill Thompson (CA) Vitter Whitfield Thompson (MS) Walden Wicker JOURNMENT OF THE HOUSE AND be hereby passed; and that a motion to Thornberry Walsh Wilson CONDITIONAL RECESS OR AD- reconsider be hereby laid on the table. Thune Wamp Wolf JOURNMENT OF THE SENATE The Clerk read the title of the bill. Tiahrt Watkins Wu The text of H.R. 5633 is as follows: Toomey Watts (OK) Wynn Mr. ARMEY. Mr. Speaker, I offer a Towns Weldon (FL) Young (AK) privileged concurrent resolution (H. H.R. 5633 Traficant Weldon (PA) Young (FL) Con. Res. 442) and ask for its imme- Be it enacted by the Senate and House of Rep- Turner Weller diate consideration. resentatives of the United States of America in Congress assembled, That the following sums NAYS—72 The Clerk read the concurrent reso- are appropriated, out of any money in the Andrews Jackson (IL) Rivers lution, as follows: Treasury not otherwise appropriated, for the Baldacci Jones (OH) Rothman H. CON. RES. 442 District of Columbia for the fiscal year end- Baldwin Kilpatrick Roybal-Allard ing September 30, 2001, and for other pur- Bonior Kucinich Rush Resolved by the House of Representatives (the Brady (PA) LaFalce Sanders Senate concurring), That when the House ad- poses, namely: Brown (OH) Lee Saxton journs on the legislative day of Tuesday, No- FEDERAL FUNDS Capuano Lewis (GA) Schakowsky vember 14, 2000, or Wednesday, November 15, FEDERAL PAYMENT FOR RESIDENT TUITION Carson Lipinski Serrano 2000, on a motion offered pursuant to this SUPPORT Chabot LoBiondo Shows concurrent resolution by its Majority Leader Chenoweth-Hage Luther Slaughter or his designee, it stand adjourned until 2 For a Federal payment to the District of Condit Maloney (CT) Stark Columbia for a nationwide program to be ad- Conyers Markey Strickland p.m. on Monday, December 4, 2000, or until noon on the second day after Members are ministered by the Mayor for District of Co- Cook McGovern Stupak lumbia resident tuition support, $17,000,000, Costello McKinney Taylor (MS) notified to reassemble pursuant to section 2 Davis (IL) Menendez Thurman of this concurrent resolution, whichever oc- to remain available until expended: Provided, DeFazio Miller, George Tierney curs first; and that when the Senate recesses That such funds may be used on behalf of eli- DeGette Nadler Udall (CO) or adjourns at the close of business on Tues- gible District of Columbia residents to pay Dingell Oberstar Udall (NM) day, November 14, 2000, or Wednesday, No- an amount based upon the difference be- Doggett Obey Velazquez tween in-State and out-of-State tuition at Evans Olver Visclosky vember 15, 2000, on a motion offered pursuant to this concurrent resolution by its Majority public institutions of higher education, usa- Gutierrez Pallone Waters ble at both public and private institutions Hinchey Payne Watt (NC) Leader or his designee, it stand recessed or Holt Peterson (MN) Waxman adjourned until noon on Tuesday, December for higher education: Provided further, That Hostettler Rahall Woolsey 5, 2000, or until such time on that day as may the awarding of such funds may be be specified by its Majority Leader or his prioritized on the basis of a resident’s aca- ANSWERED ‘‘PRESENT’’—1 designee in the motion to recess or adjourn, demic merit and such other factors as may Paul or until noon on the second day after Mem- be authorized. bers are notified to reassemble pursuant to FEDERAL PAYMENT FOR INCENTIVES FOR NOT VOTING—43 section 2 of this concurrent resolution, ADOPTION OF CHILDREN Ackerman Gejdenson Meehan whichever occurs first. The paragraph under the heading ‘‘Federal Ballenger Goodlatte Millender- SEC. 2. The Speaker of the House and the Payment for Incentives for Adoption of Chil- Becerra Hefley McDonald Majority Leader of the Senate, acting jointly dren’’ in Public Law 106–113, approved No- Brown (FL) Holden Moakley after consultation with the Minority Leader vember 29, 1999 (113 Stat. 1501), is amended to Burr Hulshof Pascrell of the House and the Minority Leader of the read as follows: ‘‘For a Federal payment to Canady Jefferson Peterson (PA) Senate, shall notify the Members of the Coburn Kaptur Porter the District of Columbia to create incentives Coyne Kasich Riley House and the Senate, respectively, to reas- to promote the adoption of children in the Danner Kennedy Stenholm semble whenever, in their opinion, the public District of Columbia foster care system, Dickey Kleczka Talent interest shall warrant it. $5,000,000: Provided, That such funds shall re- Farr Klink Taylor (NC) The concurrent resolution was agreed main available until September 30, 2002, and Fattah Largent Weiner to. shall be used to carry out all of the provi- Filner Maloney (NY) Weygand sions of title 38, except for section 3808, of Forbes McCarthy (NY) Wise A motion to reconsider was laid on Ganske McIntosh the Fiscal Year 2001 Budget Support Act of the table. 2000, D.C. Bill 13–679, enrolled June 12, 2000.’’. f FEDERAL PAYMENT TO THE CHIEF FINANCIAL b 1122 RECESS OFFICER OF THE DISTRICT OF COLUMBIA Messrs. SAXTON, COSTELLO,´ COOK For a Federal payment to the Chief Finan- The SPEAKER pro tempore (Mr. cial Officer of the District of Columbia, and RUSH, Ms. VELAZQUEZ, Mr. VIS- SIMPSON). Pursuant to clause 12 of rule CLOSKY, Mr. BRADY of Pennsylvania $1,250,000, of which $250,000 shall be for pay- I, the Chair declares the House in re- ment to a mentoring program and for hotline and Ms. SLAUGHTER changed their cess subject to the call of the Chair. services; $250,000 shall be for payment to a vote from ‘‘yea’’ to ‘‘nay.’’ Accordingly (at 11 o’clock and 25 youth development program with a char- Messrs. HALL of Ohio, FORD, minutes a.m.), the House stood in re- acter building curriculum; $250,000 shall be CUMMINGS and ENGEL changed their cess subject to the call of the Chair. for payment to a basic values training program; and $500,000, to remain available until vote from ‘‘nay’’ to ‘‘yea.’’ f expended, shall be for the design, construc- So (two-thirds having voted in favor b 1735 tion, and maintenance of a trash rack sys- thereof) the rules were suspended and tem to be installed at the Hickey Run the Senate amendment was concurred AFTER RECESS stormwater outfall. in. The recess having expired, the House FEDERAL PAYMENT FOR COMMERCIAL REVITALIZATION PROGRAM The result of the vote was announced was called to order by the Speaker pro as above recorded. tempore (Mr. PEASE) at 5 o’clock and 35 For a Federal payment to the District of minutes p.m. Columbia, $1,500,000, to remain available A motion to reconsider was laid on until expended, for the Mayor, in consulta- f the table. tion with the Council of the District of Co- lumbia, to provide offsets against local taxes Stated for: DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 2001 for a commercial revitalization program, Mr. RILEY. Mr. Speaker, I was unavoidably such program to provide financial induce- detained for rollcall No. 597, H.R. 4986, the Mr. ISTOOK. Mr. Speaker, I ask ments, including loans, grants, offsets to Foreign Sales Corporation (FCS) Repeal and unanimous consent that the Com- local taxes and other instruments that pro- mittee on Appropriations be discharged mote commercial revitalization in Enter- Extraterritorial Income Extension Act. Had I prise Zones and low and moderate income been present I would have voted ``yea.'' from further consideration of the bill (H.R. 5633) making appropriations for areas in the District of Columbia: Provided, Stated against: the government of the District of Co- That in carrying out such a program, the Mayor shall use Federal commercial revital- Mr. FILNER. Mr. Speaker, on rollcall No. lumbia and other activities chargeable ization proposals introduced in Congress as a 597, I was in my Congressional District on offi- in whole or in part against the reve- guideline: Provided further, That not later cial business. Had I been present, I would nues of said District for the fiscal year than 180 days after the date of the enactment have voted ``nay.'' ending September 30, 2001, and for of this Act, the Mayor shall report to the H11902 CONGRESSIONAL RECORD — HOUSE November 14, 2000 Committees on Appropriations of the Senate Budget and obligated and expended in the tion and Self-Government Improvement Act and House of Representatives on the progress same manner as funds appropriated for sala- of 1997 (Public Law 105–33; 111 Stat. 712), made in carrying out the commercial revi- ries and expenses of other Federal agencies, $112,527,000, of which $67,521,000 shall be for talization program. with payroll and financial services to be pro- necessary expenses of Community Super- FEDERAL PAYMENT TO THE DISTRICT OF vided on a contractual basis with the Gen- vision and Sex Offender Registration, to in- COLUMBIA PUBLIC SCHOOLS eral Services Administration (GSA), said clude expenses relating to supervision of services to include the preparation of month- adults subject to protection orders or provi- For a Federal payment to the District of ly financial reports, copies of which shall be sion of services for or related to such per- Columbia Public Schools, $500,000: Provided, submitted directly by GSA to the President sons; $18,778,000 shall be transferred to the That $250,000 of said amount shall be used for and to the Committees on Appropriations of Public Defender Service; and $26,228,000 shall a program to reduce school violence: Pro- the Senate and House of Representatives, the be available to the Pretrial Services Agency: vided further, That $250,000 of said amount Committee on Governmental Affairs of the Provided, That of the amount provided under shall be used for a program to enhance the Senate, and the Committee on Government this heading, $17,854,000 shall be used to im- reading skills of District public school stu- Reform of the House of Representatives. prove pretrial defendant and post-conviction dents. offender supervision, enhance drug testing DEFENDER SERVICES IN DISTRICT OF COLUMBIA FEDERAL PAYMENT TO THE METROPOLITAN and sanctions-based treatment programs and COURTS POLICE DEPARTMENT other treatment services, expand inter- For a Federal payment to the Metropolitan For payments authorized under section 11– mediate sanctions and offender re-entry pro- Police Department, $100,000: Provided, That 2604 and section 11–2605, D.C. Code (relating grams, continue planning and design pro- said funds shall be used to fund a youth safe to representation provided under the District posals for a residential Sanctions Center and haven police mini-station for mentoring high of Columbia Criminal Justice Act), pay- improve administrative infrastructure, in- risk youth. ments for counsel appointed in proceedings cluding information technology; and $836,000 in the Family Division of the Superior Court of the $17,854,000 referred to in this proviso is FEDERAL CONTRIBUTION TO COVENANT HOUSE of the District of Columbia under chapter 23 for the Public Defender Service: Provided fur- WASHINGTON of title 16, D.C. Code, and payments for coun- ther, That notwithstanding any other provi- For a Federal contribution to Covenant sel authorized under section 21–2060, D.C. sion of law, all amounts under this heading House Washington for a contribution to the Code (relating to representation provided shall be apportioned quarterly by the Office construction in Southeast Washington of a under the District of Columbia Guardian- of Management and Budget and obligated new community service center for homeless, ship, Protective Proceedings, and Durable and expended in the same manner as funds runaway and at-risk youth, $500,000. Power of Attorney Act of 1986), $34,387,000, to appropriated for salaries and expenses of FEDERAL PAYMENT TO THE DISTRICT OF remain available until expended: Provided, other Federal agencies: Provided further, COLUMBIA CORRECTIONS TRUSTEE OPERATIONS That the funds provided in this Act under That notwithstanding section 446 of the Dis- For salaries and expenses of the District of the heading ‘‘Federal Payment to the Dis- trict of Columbia Home Rule Act or any pro- Columbia Corrections Trustee, $134,200,000 trict of Columbia Courts’’ (other than the vision of subchapter III of chapter 13 of title for the administration and operation of cor- $3,325,000 provided under such heading for 31, United States Code, the use of interest rectional facilities and for the administra- capital improvements for District of Colum- earned on the Federal payment made to the tive operating costs of the Office of the Cor- bia courthouse facilities) may also be used District of Columbia Offender Supervision, rections Trustee, as authorized by section for payments under this heading: Provided Defender, and Court Services Agency under 11202 of the National Capital Revitalization further, That, in addition to the funds pro- the District of Columbia Appropriations Act, and Self-Government Improvement Act of vided under this heading, the Joint Com- 1998, by the Agency during fiscal years 1998 1997 (Public Law 105–33; 111 Stat. 712) of mittee on Judicial Administration in the and 1999 shall not constitute a violation of which $1,000,000 is to fund an initiative to District of Columbia shall use funds provided such Act or such subchapter. improve case processing in the District of in this Act under the heading ‘‘Federal Pay- FEDERAL PAYMENT FOR WASHINGTON Columbia criminal justice system: Provided, ment to the District of Columbia Courts’’ INTERFAITH NETWORK (other than the $3,325,000 provided under such That notwithstanding any other provision of For a Federal payment to the Washington heading for capital improvements for Dis- law, funds appropriated in this Act for the Interfaith Network to reimburse the Net- trict of Columbia courthouse facilities), to District of Columbia Corrections Trustee work for costs incurred in carrying out make payments described under this heading shall be apportioned quarterly by the Office preconstruction activities at the former Fort for obligations incurred during any fiscal of Management and Budget and obligated Dupont Dwellings and Additions, $1,000,000: year: Provided further, That such funds shall and expended in the same manner as funds Provided, That such activities may include be administered by the Joint Committee on appropriated for salaries and expenses of architectural and engineering studies, prop- Judicial Administration in the District of other Federal agencies: Provided further, erty appraisals, environmental assessments, Columbia: Provided further, That notwith- That in addition to the funds provided under grading and excavation, landscaping, paving, standing any other provision of law, this ap- this heading, the District of Columbia Cor- and the installation of curbs, gutters, side- propriation shall be apportioned quarterly rections Trustee may use any remaining in- walks, sewer lines, and other utilities: Pro- by the Office of Management and Budget and terest earned on the Federal payment made vided further, That the Secretary of the obligated and expended in the same manner to the Trustee under the District of Colum- Treasury shall make such payment only as funds appropriated for expenses of other bia Appropriations Act, 1998, to carry out the after the Network has received matching Federal agencies, with payroll and financial activities funded under this heading. funds from private sources (including funds services to be provided on a contractual FEDERAL PAYMENT TO THE DISTRICT OF provided through loans) to carry out such ac- basis with the General Services Administra- COLUMBIA COURTS tivities in an aggregate amount which is tion (GSA), said services to include the prep- equal to the amount of such payment (as cer- For salaries and expenses for the District aration of monthly financial reports, copies tified by the Inspector General of the Dis- of Columbia Courts, $105,000,000 to be allo- of which shall be submitted directly by GSA trict of Columbia) and has provided the Sec- cated as follows: for the District of Columbia to the President and to the Committees on retary of the Treasury with a request for re- Court of Appeals, $7,409,000; for the District Appropriations of the Senate and House of imbursement which contains documentation of Columbia Superior Court, $71,121,000; for Representatives, the Committee on Govern- certified by the Inspector General of the Dis- the District of Columbia Court System, mental Affairs of the Senate, and the Com- trict of Columbia showing that the Network $17,890,000; $5,255,000 to finance a pay adjust- mittee on Government Reform of the House carried out the activities and that the costs ment of 8.48 percent for nonjudicial employ- of Representatives: Provided further, That the incurred in carrying out the activities were ees; and $3,325,000, including $825,000 for roof- District of Columbia Courts shall implement equal to or less than the amount of the reim- ing repairs to the facility commonly referred the recommendations in the General Ac- bursement requested: Provided further, That to as the Old Courthouse and located at 451 counting Office Report GAO/AIMD/OGC–99– none of the funds provided under this head- Indiana Avenue, Northwest, to remain avail- 226 regarding payments to court-appointed ing may be obligated or expended after De- able until September 30, 2002, for capital im- attorneys and shall report quarterly to the cember 31, 2001 (without regard to whether provements for District of Columbia court- Office of Management and Budget and to the the activities involved were carried out prior house facilities: Provided, That none of the House and Senate Appropriations Commit- to such date). funds in this Act or in any other Act shall be tees on the status of these reforms. available for the purchase, installation or FEDERAL PAYMENT FOR PLAN TO SIMPLIFY FEDERAL PAYMENT TO THE COURT SERVICES operation of an Integrated Justice Informa- EMPLOYEE COMPENSATION SYSTEMS AND OFFENDER SUPERVISION AGENCY FOR tion System until a detailed plan and design For a Federal payment to the Mayor of the THE DISTRICT OF COLUMBIA has been submitted by the courts and ap- District of Columbia for a contract for the proved by the Committees on Appropriations (INCLUDING TRANSFER OF FUNDS) study and development of a plan to simplify of the House of Representatives and the Sen- For salaries and expenses, including the the compensation systems, schedules, and ate: Provided further, That notwithstanding transfer and hire of motor vehicles, of the work rules applicable to employees of the any other provision of law, all amounts Court Services and Offender Supervision District government, $250,000: Provided, That under this heading shall be apportioned Agency for the District of Columbia, as au- under the terms of the contract the plan quarterly by the Office of Management and thorized by the National Capital Revitaliza- shall include (at a minimum) a review of the November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11903 current compensation systems, schedules, Officer within the various appropriation funds available to the Authority or any and work rules applicable to such employees; headings in this Act. other entity of the District of Columbia gov- a review of the best practices regarding the CHILDREN’S NATIONAL MEDICAL CENTER ernment from any source (including any ac- compensation systems, schedules, and work counts of the Authority) may be used for any For a Federal contribution to the Chil- rules of State and local governments and payments (including but not limited to sev- dren’s National Medical Center in the Dis- other appropriate organizations; a proposal erance or bonus payments, and payments trict of Columbia, $500,000 to be used for the for simplifying the systems, schedules, and under agreements in effect before the enact- network of satellite pediatric health clinics rules applicable to employees of the District ment of this Act) to any individual upon or for children and families in underserved government; and the development of strate- following the individual’s separation from neighborhoods and communities in the Dis- gies for implementing such proposal, includ- employment with the Authority (other than trict of Columbia. ing an identification of any statutory, con- a payment of the individual’s regular salary tractual, or other barriers to implementing CHILD ADVOCACY CENTER for services performed prior to separation or the proposal and an estimated time frame for For a Federal contribution to the Child a payment for unused annual leave accrued implementing the proposal: Provided further, Advocacy Center for its Safe Shores pro- by the individual), except that an individual That under the terms of the contract the gram, $500,000. who is employed by the Authority during the entire period which begins on the date of the contractor shall submit the plan to the ST. COLETTA OF GREATER WASHINGTON enactment of this Act and ends on Sep- Mayor and to the Committees on Appropria- EXPANSION PROJECT tions of the House of Representatives and tember 30, 2001, may receive a severance pay- For a Federal contribution to St. Coletta ment after such date in an aggregate amount Senate: Provided further, That the Mayor of Greater Washington, Inc. for costs associ- which does not exceed the product of 200 per- shall develop a proposed solicitation for the ated with the establishment of a day pro- cent of the individual’s average weekly sal- contract not later than 90 days after the date gram and comprehensive case management ary during the final 12-month period (or por- of the enactment of this Act and shall sub- services for mentally retarded and multiple- tion thereof) during which the individual was mit a copy of the proposed solicitation to the handicapped adolescents and adults in the employed by the Authority and the number Comptroller General for review at least 90 District of Columbia, including property ac- of full years during which the individual was days prior to the issuance of such solicita- quisition and construction, $1,000,000. employed by the Authority. tion: Provided further, That not later than 45 GOVERNMENTAL DIRECTION AND SUPPORT days after receiving the proposed solicita- DISTRICT OF COLUMBIA SPECIAL OLYMPICS tion from the Mayor, the Comptroller Gen- For a Federal contribution to the District Governmental direction and support, eral shall review the solicitation to ensure of Columbia Special Olympics, $250,000. $195,771,000 (including $162,172,000 from local that it adequately addresses all of the nec- DISTRICT OF COLUMBIA FUNDS funds, $20,424,000 from Federal funds, and $13,175,000 from other funds): Provided, That essary elements described under this heading OPERATING EXPENSES and report to the Committees on Appropria- not to exceed $2,500 for the Mayor, $2,500 for DIVISION OF EXPENSES tions of the House of Representatives and the Chairman of the Council of the District Senate on the results of this review: Provided The following amounts are appropriated of Columbia, and $2,500 for the City Adminis- further, That for purposes of this contract for the District of Columbia for the current trator shall be available from this appropria- the term ‘‘District government’’ has the fiscal year out of the general fund of the Dis- tion for official purposes: Provided further, meaning given such term in section 305(5) of trict of Columbia, except as otherwise spe- That any program fees collected from the issuance of debt shall be available for the the District of Columbia Financial Responsi- cifically provided: Provided, That notwith- payment of expenses of the debt manage- bility and Management Assistance Act of standing any other provision of law, except ment program of the District of Columbia: 1995 (sec. 47–393(5), D.C. Code), except that as provided in section 450A of the District of Provided further, That no revenues from Fed- such term shall not include the courts of the Columbia Home Rule Act and section 126 of eral sources shall be used to support the op- District of Columbia and shall include the this Act, the total amount appropriated in erations or activities of the Statehood Com- District of Columbia Financial Responsi- this Act for operating expenses for the Dis- mission and Statehood Compact Commis- bility and Management Assistance Author- trict of Columbia for fiscal year 2001 under sion: Provided further, That the District of ity. this heading shall not exceed the lesser of the sum of the total revenues of the District Columbia shall identify the sources of fund- METRORAIL CONSTRUCTION of Columbia for such fiscal year or ing for Admission to Statehood from its own For the Washington Metropolitan Area $5,677,379,000 (of which $172,607,000 shall be locally-generated revenues: Provided further, Transit Authority [WMATA], a contribution from intra-District funds and $3,250,783,000 That all employees permanently assigned to of $25,000,000, to remain available until ex- shall be from local funds): Provided further, work in the Office of the Mayor shall be paid pended, to design and build a Metrorail sta- That the Chief Financial Officer of the Dis- from funds allocated to the Office of the tion located at New York and Florida Ave- trict of Columbia and the District of Colum- Mayor: Provided further, That notwith- nues, Northeast: Provided, That prior to the bia Financial Responsibility and Manage- standing any other provision of law, or May- release of said funds from the U.S. Treasury, ment Assistance Authority shall take such or’s Order 86–45, issued March 18, 1986, the Of- fice of the Chief Technology Officer’s dele- the District of Columbia shall set aside an steps as are necessary to assure that the Dis- gated small purchase authority shall be additional $25,000,000 for this project in its trict of Columbia meets these requirements, $500,000: Provided further, That the District of Fiscal Year 2001 Budget and Financial Plan including the apportioning by the Chief Fi- Columbia government may not require the and, further, shall establish a special taxing nancial Officer of the appropriations and Office of the Chief Technology Officer to sub- district for the neighborhood of the proposed funds made available to the District during mit to any other procurement review proc- Metrorail station to provide $25,000,000: Pro- fiscal year 2001, except that the Chief Finan- ess, or to obtain the approval of or be re- vided further, That the requirements of 49 cial Officer may not reprogram for operating stricted in any manner by any official or em- U.S.C. 5309(a)(2) shall apply to this project. expenses any funds derived from bonds, ployee of the District of Columbia govern- FEDERAL PAYMENT FOR BROWNFIELD notes, or other obligations issued for capital ment, for purchases that do not exceed REMEDIATION projects. $500,000: Provided further, That $303,000 and no For a Federal payment to the District of DISTRICT OF COLUMBIA FINANCIAL RESPONSI- fewer than 5 FTEs shall be available exclu- Columbia, $3,450,000 for environmental and BILITY AND MANAGEMENT ASSISTANCE AU- sively to support the Labor-Management infrastructure costs at Poplar Point: Pro- THORITY Partnership Council: Provided further, That, vided, That of said amount, $2,150,000 shall be For the District of Columbia Financial Re- effective September 30, 2000, section 168(a) of available for environmental assessment, site sponsibility and Management Assistance Au- the District of Columbia Appropriations Act, remediation and wetlands restoration of the thority (Authority), established by section 2000 (Public Law 106–113; 113 Stat. 1531) is 11 acres of real property under the jurisdic- 101(a) of the District of Columbia Financial amended by inserting ‘‘, to remain available tion of the District of Columbia: Provided Responsibility and Management Assistance until expended,’’ after ‘‘$5,000,000’’: Provided further, That no more than $1,300,000 shall be Act of 1995 (109 Stat. 97; Public Law 104–8), further, That not later than March 1, 2001, used for infrastructure costs for an entrance $3,140,000: Provided, That these funds be de- the Chief Financial Officer of the District of to Anacostia Park: Provided further, That rived from accounts held by the Authority Columbia shall submit a study to the Com- none of said funds shall be used by the Dis- on behalf of the District of Columbia: Pro- mittees on Appropriations of the House of trict of Columbia to purchase private prop- vided further, That none of the funds con- Representatives and Senate on the merits erty in the Poplar Point area. tained in this Act may be used to pay any and potential savings of privatizing the oper- PRESIDENTIAL INAUGURATION compensation of the Executive Director or ation and administration of Saint Elizabeths For a payment to the District of Columbia General Counsel of the Authority at a rate in Hospital. to reimburse the District for expenses in- excess of the maximum rate of compensation ECONOMIC DEVELOPMENT AND REGULATION curred in connection with Presidential inau- which may be paid to such individual during Economic development and regulation, guration activities, $5,961,000, as authorized fiscal year 2001 under section 102 of such Act, $205,638,000 (including $53,562,000 from local by section 737(b) of the District of Columbia as determined by the Comptroller General funds, $92,378,000 from Federal funds, and Home Rule Act, approved December 24, 1973 (as described in GAO letter report B– $59,698,000 from other funds), of which (87 Stat. 824; D.C. Code, sec. 1–1132), which 279095.2): Provided further, That none of the $15,000,000 collected by the District of Colum- shall be apportioned by the Chief Financial funds contained in this Act or any other bia in the form of BID tax revenue shall be H11904 CONGRESSIONAL RECORD — HOUSE November 14, 2000 paid to the respective BIDs pursuant to the tablished throughout the District of Colum- available from this appropriation for official Business Improvement Districts Act of 1996 bia. purposes: Provided further, That none of the (D.C. Law 11–134; D.C. Code, sec. 1–2271 et PUBLIC EDUCATION SYSTEM funds contained in this Act may be made seq.), and the Business Improvement Dis- Public education system, including the de- available to pay the salaries of any District tricts Amendment Act of 1997 (D.C. Law 12– velopment of national defense education proof Columbia Public School teacher, prin- 26): Provided, That such funds are available grams, $998,918,000 (including $824,867,000 cipal, administrator, official, or employee for acquiring services provided by the Gen- from local funds, $147,643,000 from Federal who knowingly provides false enrollment or eral Services Administration: Provided fur- funds, and $26,408,000 from other funds), to be attendance information under article II, sec- ther, That Business Improvement Districts allocated as follows: $769,943,000 (including tion 5 of the Act entitled ‘‘An Act to provide shall be exempt from taxes levied by the Dis- $629,309,000 from local funds, $133,490,000 from for compulsory school attendance, for the trict of Columbia. Federal funds, and $7,144,000 from other taking of a school census in the District of PUBLIC SAFETY AND JUSTICE funds), for the public schools of the District Columbia, and for other purposes’’, approved Public safety and justice, including pur- of Columbia; $200,000 from local funds for the February 4, 1925 (D.C. Code, sec. 31–401 et chase or lease of 135 passenger carrying vehi- District of Columbia Teachers’ Retirement seq.): Provided further, That this appropria- cles for replacement only, including 130 for Fund; $1,679,000 from local funds for the tion shall not be available to subsidize the police-type use and five for fire-type use, State Education Office, $17,000,000 from local education of any nonresident of the District of Columbia at any District of Columbia pub- without regard to the general purchase price funds, previously appropriated in this Act as lic elementary and secondary school during limitation for the current fiscal year, and a Federal payment, for resident tuition sup- fiscal year 2001 unless the nonresident pays such sums as may be necessary for making port at public and private institutions of tuition to the District of Columbia at a rate refunds and for the payment of judgments higher learning for eligible District of Co- that covers 100 percent of the costs incurred that have been entered against the District lumbia residents; and $105,000,000 from local by the District of Columbia which are attrib- of Columbia government $762,546,000 (includ- funds for public charter schools: Provided, utable to the education of the nonresident ing $591,565,000 from local funds, $24,950,000 That there shall be quarterly disbursement (as established by the Superintendent of the from Federal funds, and $146,031,000 from of funds to the District of Columbia public District of Columbia Public Schools): Pro- other funds): Provided, That the Metropoli- charter schools, with the first payment to vided further, That this appropriation shall tan Police Department is authorized to re- occur within 15 days of the beginning of each not be available to subsidize the education of place not to exceed 25 passenger-carrying ve- fiscal year: Provided further, That the Dis- nonresidents of the District of Columbia at hicles and the Department of Fire and Emer- trict of Columbia public charter schools will the University of the District of Columbia, gency Medical Services of the District of Co- report enrollment on a quarterly basis upon unless the Board of Trustees of the Univer- lumbia is authorized to replace not to exceed which a quarterly disbursement will be cal- sity of the District of Columbia adopts, for five passenger-carrying vehicles annually culated: Provided further, That the quarterly the fiscal year ending September 30, 2001, a whenever the cost of repair to any damaged payment of October 15, 2000, shall be fifty (50) tuition rate schedule that will establish the vehicle exceeds three-fourths of the cost of percent of each public charter school’s an- tuition rate for nonresident students at a the replacement: Provided further, That not nual entitlement based on its unaudited Oc- level no lower than the nonresident tuition to exceed $500,000 shall be available from this tober 5 enrollment count: Provided further, rate charged at comparable public institu- appropriation for the Chief of Police for the That if the entirety of this allocation has tions of higher education in the metropoli- prevention and detection of crime: Provided not been provided as payments to any public tan area: Provided further, That $2,200,000 is further, That notwithstanding any other pro- charter schools currently in operation allocated to the Temporary Weighted Stu- vision of law, or Mayor’s Order 86–45, issued through the per pupil funding formula, the dent Formula to fund 344 additional slots for March 18, 1986, the Metropolitan Police De- funds shall be available for public education pre-K students: Provided further, That $50,000 partment’s delegated small purchase author- in accordance with the School Reform Act of is allocated to fund a conference on learning ity shall be $500,000: Provided further, That 1995 (D.C. Code, sec. 31–2853.43(A)(2)(D); Pub- support for children ages 3–4 hosted jointly the District of Columbia government may lic Law 104–134, as amended): Provided fur- by the District of Columbia Public Schools not require the Metropolitan Police Depart- ther, That $480,000 of this amount shall be and District of Columbia public charter ment to submit to any other procurement re- available to the District of Columbia Public schools: Provided further, That no local funds view process, or to obtain the approval of or Charter School Board for administrative in this Act shall be used to administer a sys- be restricted in any manner by any official costs: Provided further, That $76,433,000 (in- tem-wide standardized test more than once or employee of the District of Columbia gov- cluding $44,691,000 from local funds, in FY 2001: Provided further, That no less ernment, for purchases that do not exceed $13,199,000 from Federal funds, and $18,543,000 than $436,452,000 shall be expended on local $500,000: Provided further, That the Mayor from other funds) shall be available for the schools through the Weighted Student For- shall reimburse the District of Columbia Na- University of the District of Columbia: Pro- mula: Provided further, That notwithstanding tional Guard for expenses incurred in con- vided further, That $200,000 is allocated for any other provision of law, rule, or regula- nection with services that are performed in the East of the River Campus Assessment tion, the evaluation process and instruments emergencies by the National Guard in a mili- Study, $1,000,000 for the Excel Institute for evaluating District of Columbia Public tia status and are requested by the Mayor, in Adult Education Program to be used by the School employees shall be a non-negotiable amounts that shall be jointly determined Institute for construction and to acquire item for collective bargaining purposes: Pro- and certified as due and payable for these construction services provided by the Gen- vided further, That the District of Columbia services by the Mayor and the Commanding eral Services Administration on a reimburs- Public Schools shall spend $250,000 to engage General of the District of Columbia National able basis, $500,000 for the Adult Education in a Schools Without Violence program Guard: Provided further, That such sums as State Plan, $650,000 for The Saturday Acad- based on a model developed by the Univer- may be necessary for reimbursement to the emy Pre-College Program, and $481,000 for sity of North Carolina, located in Greens- District of Columbia National Guard under the Strengthening of Academic Programs; boro, North Carolina: Provided further, That the preceding proviso shall be available from and $26,459,000 (including $25,208,000 from the District of Columbia Public Schools this appropriation, and the availability of local funds, $550,000 from Federal funds and shall spend $250,000 to implement a Failure the sums shall be deemed as constituting $701,000 other funds) for the Public Library: Free Reading program in the District’s pub- payment in advance for emergency services Provided further, That the $1,020,000 enhance- lic schools: Provided further, That notwith- involved: Provided further, That the Metro- ment shall be allocated such that $500,000 is standing the amounts otherwise provided politan Police Department is authorized to used for facilities improvements for 8 of the under this heading or any other provision of maintain 3,800 sworn officers, with leave for 26 library branches, $235,000 for 13 FTEs for law, there shall be appropriated to the Dis- a 50 officer attrition: Provided further, That the continuation of the Homework Helpers trict of Columbia public charter schools on no more than 15 members of the Metropoli- Program, $166,000 for 3 FTEs in the expansion July 1, 2001, an amount equal to 25 percent of tan Police Department shall be detailed or of the Reach Out And Roar (ROAR) service the total amount provided for payments to assigned to the Executive Protection Unit, to license day care homes, and $119,000 for 3 public charter schools in the proposed budget until the Chief of Police submits a rec- FTEs to expand literacy support into branch of the District of Columbia for fiscal year ommendation to the Council for its review: libraries: Provided further, That $2,204,000 (in- 2002 (as submitted to Congress), and the Provided further, That $100,000 shall be avail- cluding $1,780,000 from local funds, $404,000 amount of such payment shall be chargeable able for inmates released on medical and from Federal funds and $20,000 from other against the final amount provided for such geriatric parole: Provided further, That com- funds) shall be available for the Commission payments under the District of Columbia Ap- mencing on December 31, 2000, the Metropoli- on the Arts and Humanities: Provided further, propriations Act, 2002: Provided further, That tan Police Department shall provide to the That the public schools of the District of Co- notwithstanding the amounts otherwise pro- Committees on Appropriations of the Senate lumbia are authorized to accept not to ex- vided under this heading or any other provi- and House of Representatives, the Com- ceed 31 motor vehicles for exclusive use in sion of law, there shall be appropriated to mittee on Governmental Affairs of the Sen- the driver education program: Provided fur- the District of Columbia Public Schools on ate, and the Committee on Government Re- ther, That not to exceed $2,500 for the Super- July 1, 2001, an amount equal to 10 percent of form of the House of Representatives, quar- intendent of Schools, $2,500 for the President the total amount provided for the District of terly reports on the status of crime reduc- of the University of the District of Columbia, Columbia Public Schools in the proposed tion in each of the 83 police service areas es- and $2,000 for the Public Librarian shall be budget of the District of Columbia for fiscal November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11905 year 2002 (as submitted to Congress), and the (2) no transferred funds are expended until cost, plus cost of issuance not to exceed 2 amount of such payment shall be chargeable 10 calendar days after the restructuring plan percent of the par amount being financed on against the final amount provided for the has received final approval and a copy evi- a lease purchase basis with a maturity not to District of Columbia Public Schools under dencing final approval has been submitted by exceed 5 years: Provided further, That the District of Columbia Appropriations Act, the Mayor to the Committee on Government $2,000,000 is allocated to the Metropolitan 2002. Reform of the House of Representatives, the Police Department, $4,300,000 for the Fire HUMAN SUPPORT SERVICES Committee on Governmental Affairs of the and Emergency Medical Services Depart- (INCLUDING TRANSFER OF FUNDS) Senate, and the Committees on Appropria- ment, $1,622,000 for the Public Library, Human support services, $1,535,654,000 (in- tions of the House of Representatives and $2,010,000 for the Department of Parks and cluding $637,347,000 from local funds, the Senate; and Recreation, $7,500,000 for the Department of $881,589,000 from Federal funds, and (3) the plan includes a certification that Public Works, and $1,800,000 for the Public $16,718,000 from other funds): Provided, That the plan does not request and does not rely Benefit Corporation. $25,836,000 of this appropriation, to remain upon any current or future request for addi- REPAYMENT OF GENERAL FUND RECOVERY available until expended, shall be available tional appropriation of Federal funds. DEBT solely for District of Columbia employees’ PUBLIC WORKS For the purpose of eliminating the disability compensation: Provided further, Public works, including rental of one pas- $331,589,000 general fund accumulated deficit That the District of Columbia shall not pro- senger-carrying vehicle for use by the Mayor as of September 30, 1990, $39,300,000 from vide free government services such as water, and three passenger-carrying vehicles for use local funds, as authorized by section 461(a) of sewer, solid waste disposal or collection, by the Council of the District of Columbia the District of Columbia Home Rule Act, (105 utilities, maintenance, repairs, or similar and leasing of passenger-carrying vehicles, Stat. 540; D.C. Code, sec. 47–321(a)(1)). services to any legally constituted private $278,242,000 (including $265,078,000 from local PAYMENT OF INTEREST ON SHORT-TERM nonprofit organization, as defined in section funds, $3,328,000 from Federal funds, and BORROWING 411(5) of the Stewart B. McKinney Homeless $9,836,000 from other funds): Provided, That Assistance Act (101 Stat. 485; Public Law 100– For payment of interest on short-term bor- this appropriation shall not be available for 77; 42 U.S.C. 11371), providing emergency rowing, $1,140,000 from local funds. collecting ashes or miscellaneous refuse shelter services in the District, if the Dis- PRESIDENTIAL INAUGURATION from hotels and places of business: Provided trict would not be qualified to receive reim- For reimbursement for necessary expenses further, That $100,000 shall be available for a bursement pursuant to such Act (101 Stat. incurred in connection with Presidential in- commercial sector recycling initiative, 485; Public Law 100–77; 42 U.S.C. 11301 et auguration activities as authorized by sec- $250,000 to initiate a recycling education seq.): Provided further, That $1,250,000 shall be tion 737(b) of the District of Columbia Home campaign, $10,000 for community clean-up paid to the Doe Fund for the operation of its Rule Act, Public Law 93–198, as amended, ap- kits, $190,000 to restore a 3.5 percent vacancy Ready, Willing, and Able Program in the Dis- proved December 24, 1973 (87 Stat. 824; D.C. rate in Parking Services, $170,000 to plant 500 trict of Columbia as follows: $250,000 to cover Code, sec. 1–1803), $5,961,000 from local funds, trees, $118,000 for two water trucks, $150,000 debt owed by the District of Columbia gov- previously appropriated in this Act as a Fed- for contract monitors and parking analysts ernment for services rendered shall be paid eral payment, which shall be apportioned by within Parking Services, $1,409,000 for a to the Doe Fund within 15 days of the enact- the Chief Financial Officer within the var- neighborhood cleanup initiative, $1,000,000 ment of this Act; and $1,000,000 shall be paid ious appropriation headings in this Act. in equal monthly installments by the 15th for tree maintenance, $600,000 for an anti- CERTIFICATES OF PARTICIPATION day of each month: Provided further, That graffiti program, $226,000 for a hazardous $400,000 shall be available for the administra- waste program, $1,260,000 for parking control For lease payments in accordance with the tive costs associated with implementation of aides, and $400,000 for the Department of Certificates of Participation involving the the Drug Treatment Choice Program estab- Motor Vehicles to hire additional ticket ad- land site underlying the building located at lished pursuant to section 4 of the Choice in judicators, conduct additional hearings, and One Judiciary Square, $7,950,000 from local Drug Treatment Act of 2000, signed by the reduce the waiting time for hearings. funds. Mayor on April 20, 2000 (D.C. Act 13–329): Pro- RECEIVERSHIP PROGRAMS WILSON BUILDING vided further, That $7,000,000 shall be avail- For all agencies of the District of Colum- For expenses associated with the John A. able for deposit in the Addiction Recovery bia government under court ordered receiv- Wilson Building, $8,409,000 from local funds. Fund established pursuant to section 5 of the ership, $389,528,000 (including $234,913,000 OPTICAL AND DENTAL INSURANCE PAYMENTS Choice in Drug Treatment Act of 2000, signed from local funds, $135,555,000 from Federal For optical and dental insurance pay- by the Mayor on April 20, 2000 (D.C. Act 13– funds, and $19,060,000 from other funds). ments, $2,675,000 from local funds. 329): Provided further, That the District of Co- RESERVE MANAGEMENT SUPERVISORY SERVICE lumbia is authorized to enter into a long- term lease of Hamilton Field with Gonzaga For replacement of funds expended, if any, For management supervisory service, College High School and that, in exchange during fiscal year 2000 from the Reserve es- $13,200,000 from local funds, to be transferred for such a lease, Gonzaga will introduce and tablished by section 202(j) of the District of by the Mayor of the District of Columbia implement a youth baseball program focused Columbia Financial Responsibility and Man- among the various appropriation headings in on 13 to 18 year old residents, said program agement Assistance Act of 1995, Public Law this Act for which employees are properly to include summer and fall baseball pro- 104–8, $150,000,000 from local funds: Provided, payable. grams and baseball clinics: Provided further, That none of these funds shall be obligated TOBACCO SETTLEMENT TRUST FUND TRANSFER That notwithstanding any other provision of or expended under this heading until the PAYMENT law, to augment the District of Columbia emergency reserve fund established under Subject to the issuance of bonds to pay the subsidy for the District of Columbia Health this Act has been fully funded for fiscal year purchase price of the District of Columbia’s and Hospitals Public Benefit Corporation, 2001 pursuant to section 450A of the District right, title and interest in and to the Master the District of Columbia may transfer from of Columbia Home Rule Act as set forth Settlement Agreement, and consistent with other non-Federal funds appropriated under herein. the Tobacco Settlement Financing and Trust this Act to the Human Support Services ap- EMERGENCY RESERVE FUND Fund Amendment Act of 2000, there is trans- propriation under this Act an amount not to For the emergency reserve fund estab- ferred the amount available pursuant there- exceed $90,000,000 for the purpose of restruc- lished under section 450A(a) of the District of to, but not to exceed $61,406,000, to the To- turing the delivery of health services in the Columbia Home Rule Act, the amount pro- bacco Settlement Trust Fund established District of Columbia: Provided further, That vided for fiscal year 2001 under such section, pursuant to section 2302 of the Tobacco Set- such restructuring shall be pursuant to a re- to be derived from local funds. tlement Trust Fund Establishment Act of structuring plan approved by the Mayor of 1999, effective October 20, 1999 (D.C. Law 13– REPAYMENT OF LOANS AND INTEREST the District of Columbia, the Council of the 38; to be codified at D.C. Code, sec. 6–135), to District of Columbia, the District of Colum- For payment of principal, interest and cer- be spent pursuant to local law. bia Financial Responsibility and Manage- tain fees directly resulting from borrowing OPERATIONAL IMPROVEMENTS SAVINGS ment Assistance Authority, and the Board of by the District of Columbia to fund District (INCLUDING MANAGED COMPETITION) Directors of the Public Benefit Corporation: of Columbia capital projects as authorized Provided further, That— by sections 462, 475, and 490 of the District of The Mayor and the Council, in consulta- (1) the restructuring plan reduces per- Columbia Home Rule Act, approved Decem- tion with the Chief Financial Officer and the sonnel levels of D.C. General Hospital and of ber 24, 1973, $243,238,000 from local funds: Pro- District of Columbia Financial Responsi- the Public Benefit Corporation consistent vided, That any funds set aside pursuant to bility and Management Assistance Author- with the reduction in force set forth in the section 148 of the District of Columbia Ap- ity, shall make reductions of $10,000,000 for August 25, 2000, resolution of the Board of Di- propriations Act, 2000 (Public Law 106–113; operational improvements savings in local rectors of the Public Benefit Corporation re- 113 Stat. 1523) that are not used in the refunds to one or more of the appropriation garding personnel structure, by reducing per- serve funds established herein shall be used headings in this Act. sonnel by at least 500 full-time equivalent for Pay-As-You-Go Capital Funds: Provided MANAGEMENT REFORM SAVINGS employees, without replacement by contract further, That for equipment leases, the The Mayor and the Council, in consulta- personnel; Mayor may finance $19,232,000 of equipment tion with the Chief Financial Officer and the H11906 CONGRESSIONAL RECORD — HOUSE November 14, 2000 District of Columbia Financial Responsi- trict of Columbia, the Council of the District gated in whole or in part prior to September bility and Management Assistance Author- of Columbia, the Authority, the Chief Finan- 30, 2002: Provided further, That upon expira- ity, shall make reductions of $37,000,000 for cial Officer of the District of Columbia, and tion of any such project authorization, the management reform savings in local funds to the Chair of the Board of Directors of the funds provided herein for the project shall one or more of the appropriation headings in Corporation: Provided further, That for each lapse. this Act. payment or group of payments made by or GENERAL PROVISIONS CAFETERIA PLAN SAVINGS on behalf of the Corporation, the Chief Fi- SEC. 101. Whenever in this Act, an amount For the implementation of a Cafeteria nancial Officer of the District of Columbia is specified within an appropriation for par- Plan pursuant to Federal law, a reduction of shall sign an affidavit certifying that the ticular purposes or objects of expenditure, $5,000,000 in local funds. making of the payment does not constitute a such amount, unless otherwise specified, violation of any provision of subchapter III ENTERPRISE AND OTHER FUNDS shall be considered as the maximum amount of chapter 13 of title 31, United States Code, that may be expended for said purpose or ob- WATER AND SEWER AUTHORITY AND THE or of any provision of this Act: Provided fur- ject rather than an amount set apart exclu- WASHINGTON AQUEDUCT ther, That more than one payment may be sively therefor. For operation of the Water and Sewer Au- covered by the same affidavit under the pre- SEC. 102. Appropriations in this Act shall thority and the Washington Aqueduct, vious proviso, but a single affidavit may not be available for expenses of travel and for $275,705,000 from other funds (including cover more than one week’s worth of pay- the payment of dues of organizations con- $230,614,000 for the Water and Sewer Author- ments: Provided further, That it shall be un- cerned with the work of the District of Co- ity and $45,091,000 for the Washington Aque- lawful for any person to order any other per- lumbia government, when authorized by the duct) of which $41,503,000 shall be appor- son to sign any affidavit required under this Mayor: Provided, That in the case of the tioned and payable to the District’s debt heading, or for any person to provide any Council of the District of Columbia, funds service fund for repayment of loans and in- signature required under this heading on may be expended with the authorization of terest incurred for capital improvement such an affidavit by proxy or by machine, the chair of the Council. projects. computer, or other facsimile device. SEC. 103. There are appropriated from the For construction projects, $140,725,000, as applicable funds of the District of Columbia DISTRICT OF COLUMBIA RETIREMENT BOARD authorized by the Act entitled ‘‘An Act au- such sums as may be necessary for making thorizing the laying of watermains and serv- For the District of Columbia Retirement refunds and for the payment of judgments ice sewers in the District of Columbia, the Board, established by section 121 of the Dis- that have been entered against the District levying of assessments therefor, and for trict of Columbia Retirement Reform Act of of Columbia government: Provided, That other purposes’’ (33 Stat. 244; Public Law 58– 1979 (93 Stat. 866; D.C. Code, sec. 1–711), nothing contained in this section shall be 140; D.C. Code, sec. 43–1512 et seq.): Provided, $11,414,000 from the earnings of the applica- construed as modifying or affecting the pro- That the requirements and restrictions that ble retirement funds to pay legal, manage- visions of section 11(c)(3) of title XII of the are applicable to general fund capital im- ment, investment, and other fees and admin- District of Columbia Income and Franchise provements projects and set forth in this Act istrative expenses of the District of Colum- Tax Act of 1947 (70 Stat. 78; Public Law 84– under the Capital Outlay appropriation title bia Retirement Board: Provided, That the 460; D.C. Code, sec. 47–1812.11(c)(3)). shall apply to projects approved under this District of Columbia Retirement Board shall SEC. 104. (a) REQUIRING MAYOR TO MAINTAIN appropriation title. provide to the Congress and to the Council of INDEX.—Effective with respect to fiscal year the District of Columbia a quarterly report OTTERY AND CHARITABLE GAMES ENTERPRISE 2001 and each succeeding fiscal year, the L of the allocations of charges by fund and of FUND Mayor of the District of Columbia shall expenditures of all funds: Provided further, maintain an index of all employment per- For the Lottery and Charitable Games En- That the District of Columbia Retirement sonal services and consulting contracts in ef- terprise Fund, established by the District of Board shall provide the Mayor, for trans- fect on behalf of the District government, Columbia Appropriation Act for the fiscal mittal to the Council of the District of Co- and shall include in the index specific infor- year ending September 30, 1982 (95 Stat. 1174, lumbia, an itemized accounting of the mation on any severance clause in effect 1175; Public Law 97–91), for the purpose of im- planned use of appropriated funds in time for under any such contract. plementing the Law to Legalize Lotteries, each annual budget submission and the ac- (b) PUBLIC INSPECTION.—The index main- Daily Numbers Games, and Bingo and Raffles tual use of such funds in time for each an- tained under subsection (a) shall be kept for Charitable Purposes in the District of Co- nual audited financial report. available for public inspection during reg- lumbia (D.C. Law 3–172; D.C. Code, sec. 2–2501 CORRECTIONAL INDUSTRIES FUND ular business hours. et seq. and sec. 22–1516 et seq.), $223,200,000: (c) CONTRACTS EXEMPTED.—Subsection (a) For the Correctional Industries Fund, es- Provided, That the District of Columbia shall shall not apply with respect to any collective tablished by the District of Columbia Correc- identify the source of funding for this appro- bargaining agreement or any contract en- tional Industries Establishment Act (78 Stat. priation title from the District’s own locally tered into pursuant to such a collective bar- 1000; Public Law 88–622), $1,808,000 from other generated revenues: Provided further, That no gaining agreement. funds. revenues from Federal sources shall be used (d) DISTRICT GOVERNMENT DEFINED.—In to support the operations or activities of the WASHINGTON CONVENTION CENTER ENTERPRISE this section, the term ‘‘District government’’ Lottery and Charitable Games Control FUND means the government of the District of Co- Board. For the Washington Convention Center En- lumbia, including— SPORTS AND ENTERTAINMENT COMMISSION terprise Fund, $52,726,000 from other funds. (1) any department, agency or instrumen- For the Sports and Entertainment Com- CAPITAL OUTLAY tality of the government of the District of Columbia; mission, $10,968,000 from other funds: Pro- (INCLUDING RESCISSIONS) vided, That the Mayor shall submit a budget (2) any independent agency of the District for the Armory Board for the forthcoming For construction projects, an increase of of Columbia established under part F of title fiscal year as required by section 442(b) of $1,077,282,000 of which $806,787,000 is from IV of the District of Columbia Home Rule the District of Columbia Home Rule Act (87 local funds, $66,446,000 is from highway trust Act or any other agency, board, or commis- Stat. 824; Public Law 93–198; D.C. Code, sec. funds, and $204,049,000 is from Federal funds, sion established by the Mayor or the Coun- 47–301(b)). and a rescission of $55,208,000 from local cil; funds appropriated under this heading in (3) the Council of the District of Columbia; DISTRICT OF COLUMBIA HEALTH AND prior fiscal years, for a net amount of (4) any other agency, public authority, or HOSPITALS PUBLIC BENEFIT CORPORATION $1,022,074,000 to remain available until ex- public benefit corporation which has the au- (INCLUDING TRANSFER OF FUNDS) pended: Provided, That funds for use of each thority to receive monies directly or indi- For the District of Columbia Health and capital project implementing agency shall be rectly from the District of Columbia (other Hospitals Public Benefit Corporation, estab- managed and controlled in accordance with than monies received from the sale of goods, lished by D.C. Law 11–212 (D.C. Code, sec. 32– all procedures and limitations established the provision of services, or the loaning of 262.2), $123,548,000, of which $45,313,000 shall under the Financial Management System: funds to the District of Columbia); and be derived by transfer from the general fund, Provided further, That all funds provided by (5) the District of Columbia Financial Re- and $78,235,000 from other funds: Provided, this appropriation title shall be available sponsibility and Management Assistance Au- That no appropriated amounts and no only for the specific projects and purposes thority. amounts from or guaranteed by the District intended: Provided further, That notwith- (e) No payment shall be made pursuant to of Columbia government (including the Dis- standing the foregoing, all authorizations for any such contract subject to subsection (a), trict of Columbia Financial Responsibility capital outlay projects, except those projects nor any severance payment made under such and Management Assistance Authority) may covered by the first sentence of section 23(a) contract, if a copy of the contract has not be made available to the Corporation of the Federal Aid Highway Act of 1968 (82 been filed in the index. Interested parties (through reprogramming, transfers, loans, or Stat. 827; Public Law 90–495; D.C. Code, sec. may file copies of their contract or sever- any other mechanism) which are not other- 7–134, note), for which funds are provided by ance agreement in the index on their own be- wise provided for under this heading until a this appropriation title, shall expire on Sep- half. restructuring plan for D.C. General Hospital tember 30, 2002, except authorizations for SEC. 105. No part of any appropriation con- has been approved by the Mayor of the Dis- projects as to which funds have been obli- tained in this Act shall remain available for November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11907 obligation beyond the current fiscal year un- ceed two percent of the local funds in the ap- (B) the entity uses the gift or donation to less expressly so provided herein. propriation. carry out its authorized functions or duties. SEC. 106. No funds appropriated in this Act SEC. 112. Consistent with the provisions of (2) EXCEPTION FOR COUNCIL AND COURTS.— for the District of Columbia government for 31 U.S.C. 1301(a), appropriations under this The Council of the District of Columbia and the operation of educational institutions, Act shall be applied only to the objects for the District of Columbia courts may accept the compensation of personnel, or for other which the appropriations were made except and use gifts without prior approval by the educational purposes may be used to permit, as otherwise provided by law. Mayor. encourage, facilitate, or further partisan po- SEC. 113. Notwithstanding any other provi- (b) RECORDS AND PUBLIC INSPECTION.—Each litical activities. Nothing herein is intended sions of law, the provisions of the District of entity of the District of Columbia govern- to prohibit the availability of school build- Columbia Government Comprehensive Merit ment shall keep accurate and detailed ings for the use of any community or par- Personnel Act of 1978 (D.C. Law 2–139; D.C. records of the acceptance and use of any gift tisan political group during non-school Code, sec. 1–601.1 et seq.), enacted pursuant or donation under subsection (a), and shall hours. to section 422(3) of the District of Columbia make such records available for audit and SEC. 107. None of the funds appropriated in Home Rule Act (87 Stat. 790; Public Law 93– public inspection. this Act shall be made available to pay the 198; D.C. Code, sec. 1–242(3)), shall apply with (c) INDEPENDENT AGENCIES INCLUDED.—For salary of any employee of the District of Co- respect to the compensation of District of the purposes of this section, the term ‘‘enti- lumbia government whose name, title, grade, Columbia employees: Provided, That for pay ty of the District of Columbia government’’ salary, past work experience, and salary his- purposes, employees of the District of Co- includes an independent agency of the Dis- tory are not available for inspection by the lumbia government shall not be subject to trict of Columbia. House and Senate Committees on Appropria- the provisions of title 5, United States Code. (d) EXCEPTION FOR BOARD OF EDUCATION.— tions, the House Committee on Government SEC. 114. No later than 30 days after the This section shall not apply to the District Reform, the Senate Committee on Govern- end of the first quarter of the fiscal year end- of Columbia Board of Education, which may, mental Affairs, and the Council of the Dis- ing September 30, 2001, the Mayor of the Dis- pursuant to the laws and regulations of the trict of Columbia, or their duly authorized trict of Columbia shall submit to the Council District of Columbia, accept and use gifts to representative. of the District of Columbia the new fiscal the public schools without prior approval by SEC. 108. There are appropriated from the year 2001 revenue estimates as of the end of the Mayor. applicable funds of the District of Columbia the first quarter of fiscal year 2001. These es- SEC. 119. None of the Federal funds pro- such sums as may be necessary for making timates shall be used in the budget request vided in this Act may be used by the District payments authorized by the District of Co- for the fiscal year ending September 30, 2002. of Columbia to provide for salaries, expenses, lumbia Revenue Recovery Act of 1977 (D.C. The officially revised estimates at midyear or other costs associated with the offices of Law 2–20; D.C. Code, sec. 47–421 et seq.). shall be used for the midyear report. United States Senator or United States Rep- SEC. 115. No sole source contract with the SEC. 109. No part of this appropriation shall resentative under section 4(d) of the District be used for publicity or propaganda purposes District of Columbia government or any of Columbia Statehood Constitutional Con- or implementation of any policy including agency thereof may be renewed or extended vention Initiatives of 1979 (D.C. Law 3–171; without opening that contract to the com- boycott designed to support or defeat legisla- D.C. Code, sec. 1–113(d)). petitive bidding process as set forth in section pending before Congress or any State SEC. 120. (a) MODIFICATION OF CONTRACTING tion 303 of the District of Columbia Procure- legislature. REQUIREMENTS.— ment Practices Act of 1985 (D.C. Law 6–85; SEC. 110. At the start of the fiscal year, the (1) CONTRACTS SUBJECT TO NOTICE REQUIRE- Mayor shall develop an annual plan, by quar- D.C. Code, sec. 1–1183.3), except that the Dis- MENTS.—Section 2204(c)(1)(A) of the District ter and by project, for capital outlay bor- trict of Columbia government or any agency of Columbia School Reform Act (sec. 31– rowings: Provided, That within a reasonable thereof may renew or extend sole source con- 2853.14(c)(1)(A), D.C. Code) is amended to read time after the close of each quarter, the tracts for which competition is not feasible as follows: or practical: Provided, That the determina- Mayor shall report to the Council of the Dis- ‘‘(A) NOTICE REQUIREMENT FOR PROCURE- tion as to whether to invoke the competitive trict of Columbia and the Congress the ac- MENT CONTRACTS.— bidding process has been made in accordance tual borrowings and spending progress com- ‘‘(i) IN GENERAL.—Except in the case of an with duly promulgated rules and procedures pared with projections. emergency (as determined by the eligible and said determination has been reviewed SEC. 111. (a) None of the funds provided chartering authority of a public charter under this Act to the agencies funded by this and approved by the District of Columbia Fi- school), with respect to any procurement Act, both Federal and District government nancial Responsibility and Management As- contract proposed to be awarded by the pub- agencies, that remain available for obliga- sistance Authority. lic charter school and having a value equal SEC. 116. For purposes of the Balanced tion or expenditure in fiscal year 2001, or to or exceeding $25,000, the school shall pub- Budget and Emergency Deficit Control Act provided from any accounts in the Treasury lish a notice of a request for proposals in the of 1985 (99 Stat. 1037; Public Law 99–177), the of the United States derived by the collec- term ‘‘program, project, and activity’’ shall District of Columbia Register and news- tion of fees available to the agencies funded be synonymous with and refer specifically to papers of general circulation not less than 7 by this Act, shall be available for obligation each account appropriating Federal funds in days prior to the award of the contract. or expenditure for an agency through a re- this Act, and any sequestration order shall ‘‘(ii) EXCEPTION FOR CERTAIN CONTRACTS.— programming of funds which: (1) creates new be applied to each of the accounts rather The notice requirement of clause (i) shall programs; (2) eliminates a program, project, than to the aggregate total of those ac- not apply with respect to any contract for or responsibility center; (3) establishes or counts: Provided, That sequestration orders the lease or purchase of real property by a changes allocations specifically denied, lim- shall not be applied to any account that is public charter school, any employment con- ited or increased by Congress in this Act; (4) specifically exempted from sequestration by tract for a staff member of a public charter increases funds or personnel by any means the Balanced Budget and Emergency Deficit school, or any management contract entered for any program, project, or responsibility Control Act of 1985. into by a public charter school and the man- center for which funds have been denied or SEC. 117. In the event a sequestration order agement company designated in its charter restricted; (5) reestablishes through re- is issued pursuant to the Balanced Budget or its petition for a revised charter.’’. programming any program or project pre- and Emergency Deficit Control Act of 1985 (2) SUBMISSION OF CONTRACTS TO ELIGIBLE viously deferred through reprogramming; (6) (99 Stat. 1037: Public Law 99–177), after the CHARTERING AUTHORITY.—Section 2204(c)(1)(B) augments existing programs, projects, or re- amounts appropriated to the District of Co- of such Act (sec. 31–2853.14(c)(1)(B), D.C. sponsibility centers through a reprogram- lumbia for the fiscal year involved have been Code) is amended— ming of funds in excess of $1,000,000 or 10 per- paid to the District of Columbia, the Mayor (A) in the heading, by striking ‘‘AUTHOR- cent, whichever is less; or (7) increases by 20 of the District of Columbia shall pay to the ITY’’ and inserting ‘‘ELIGIBLE CHARTERING AU- percent or more personnel assigned to a spe- Secretary of the Treasury, within 15 days THORITY’’; cific program, project or responsibility cen- after receipt of a request therefor from the (B) in clause (i), by striking ‘‘Authority’’ ter; unless the Committees on Appropria- Secretary of the Treasury, such amounts as and inserting ‘‘eligible chartering author- tions of both the Senate and House of Rep- are sequestered by the order: Provided, That ity’’; and resentatives are notified in writing 30 days the sequestration percentage specified in the (C) by amending clause (ii) to read as fol- in advance of any reprogramming as set order shall be applied proportionately to lows: forth in this section. each of the Federal appropriation accounts ‘‘(ii) EFFECTIVE DATE OF CONTRACT.—A con- (b) None of the local funds contained in in this Act that are not specifically exempt- tract described in subparagraph (A) shall be- this Act may be available for obligation or ed from sequestration by such Act. come effective on the date that is 10 days expenditure for an agency through a re- SEC. 118. ACCEPTANCE AND USE OF GIFTS. (a) after the date the school makes the submis- programming of funds which transfers any APPROVAL BY MAYOR.— sion under clause (i) with respect to the con- local funds from one appropriation to an- (1) IN GENERAL.—An entity of the District tract, or the effective date specified in the other unless the Committees on Appropria- of Columbia government may accept and use contract, whichever is later.’’. tions of the Senate and House of Representa- a gift or donation during fiscal year 2001 if— (b) CLARIFICATION OF APPLICATION OF tives are notified in writing 30 days in ad- (A) the Mayor approves the acceptance and SCHOOL REFORM ACT.— vance of the transfer, except that in no event use of the gift or donation (except as pro- (1) WAIVER OF DUPLICATE AND CONFLICTING may the amount of any funds transferred ex- vided in paragraph (2)); and PROVISIONS.—Section 2210 of such Act (sec. H11908 CONGRESSIONAL RECORD — HOUSE November 14, 2000 31–2853.20, D.C. Code) is amended by adding broken out by control center, responsibility fees of an attorney who represents a party at the end the following new subsection: center, detailed object, and for all funding who prevails in an action or any attorney ‘‘(d) WAIVER OF APPLICATION OF DUPLICATE sources; who defends any action, including an admin- AND CONFLICTING PROVISIONS.—Notwith- (3) a list of all active contracts in excess of istrative proceeding, brought against the standing any other provision of law, and ex- $10,000 annually, which contains the name of District of Columbia Public Schools under cept as otherwise provided in this title, no each contractor; the budget to which the the Individuals with Disabilities Education provision of any law regarding the establish- contract is charged, broken out on the basis Act (20 U.S.C. 1400 et seq.) if— ment, administration, or operation of public of control center, responsibility center, and (1) the hourly rate of compensation of the charter schools in the District of Columbia agency reporting code; and contract identi- attorney exceeds 250 percent of the hourly shall apply with respect to a public charter fying codes used by DCPS and UDC; pay- rate of compensation under section 11– school or an eligible chartering authority to ments made in the last quarter and year-to- 2604(a), District of Columbia Code; or the extent that the provision duplicates or is date, the total amount of the contract and (2) the maximum amount of compensation inconsistent with any provision of this total payments made for the contract and of the attorney exceeds 250 percent of the title.’’. any modifications, extensions, renewals; and maximum amount of compensation under (2) EFFECTIVE DATE.—The amendments specific modifications made to each contract section 11–2604(b)(1), District of Columbia made by this subsection shall take effect as in the last month; Code, except that compensation and reim- if included in the enactment of the District (4) all reprogramming requests and reports bursement in excess of such maximum may of Columbia School Reform Act of 1995. that are required to be, and have been, sub- be approved for extended or complex rep- (c) LICENSING REQUIREMENTS FOR PRE- mitted to the Board of Education; resentation in accordance with section 11– SCHOOL OR PREKINDERGARTEN PROGRAMS.— (5) all reprogramming requests and reports 2604(c), District of Columbia Code; and (1) IN GENERAL.—Section 2204(c) of such Act (3) in no case may the compensation limits (sec. 31–2853.14(c), D.C. Code) is amended by that have been made by UDC within the last quarter in compliance with applicable law; in paragraphs (1) and (2) exceed $2,500. adding at the end the following new para- (b) Notwithstanding the preceding sub- graph: and (6) changes made in the last quarter to the section, if the Mayor and the Superintendent ‘‘(18) LICENSING AS CHILD DEVELOPMENT CEN- organizational structure of DCPS and UDC, of the District of Columbia Public Schools TER.—A public charter school which offers a displaying for each entity previous and cur- concur in a Memorandum of Understanding preschool or prekindergarten program shall setting forth a new rate and amount of com- be subject to the same child care licensing rent control centers and responsibility centers, the names of the organizational entities pensation, then such new rates shall apply in requirements (if any) which apply to a Dis- lieu of the rates set forth in the preceding trict of Columbia public school which offers that have been changed, the name of the staff member supervising each entity af- subsection to both the attorney who rep- such a program.’’. resents the prevailing party and the attor- fected, and the reasons for the structural (2) CONFORMING AMENDMENTS.—(A) Section ney who defends the action. change. 2202 of such Act (sec. 31–2853.12, D.C. Code) is SEC. 123. None of the funds appropriated (b) The Superintendent of DCPS and UDC amended by striking clause (17). under this Act shall be expended for any shall annually compile an accurate and (B) Section 2203(h)(2) of such Act (sec. 31– abortion except where the life of the mother verifiable report on the positions and em- 2853.13(h)(2), D.C. Code) is amended by strik- would be endangered if the fetus were carried ployees in the public school system and the to term or where the pregnancy is the result ing ‘‘(17),’’. university, respectively. The annual report (d) Section 2403 of the District of Columbia of an act of rape or incest. shall— School Reform Act of 1995 (sec. 31–2853.43, SEC. 124. None of the funds made available (1) set forth the number of validated sched- D.C. Code) is amended by adding at the end in this Act may be used to implement or en- the following new subsection: ule A positions in the District of Columbia force the Health Care Benefits Expansion ‘‘(c) ASSIGNMENT OF PAYMENTS.—A public public schools and UDC for fiscal year 2001, Act of 1992 (D.C. Law 9–114; D.C. Code, sec. charter school may assign any payments and thereafter on full-time equivalent basis, 36–1401 et seq.) or to otherwise implement or made to the school under this section to a fi- including a compilation of all positions by enforce any system of registration of unmar- nancial institution for use as collateral to control center, responsibility center, funding ried, cohabiting couples (whether homo- secure a loan or for the repayment of a source, position type, position title, pay sexual, heterosexual, or lesbian), including loan.’’. plan, grade, and annual salary; but not limited to registration for the pur- (e) Section 2210 of the District of Columbia (2) set forth a compilation of all employees pose of extending employment, health, or School Reform Act of 1995 (sec. 31–2853.20, in the District of Columbia public schools governmental benefits to such couples on the D.C. Code), as amended by subsection (b), is and UDC as of the preceding December 31, same basis that such benefits are extended to further amended by adding at the end the verified as to its accuracy in accordance legally married couples. following new subsection: with the functions that each employee actu- SEC. 125. The District of Columbia Finan- ‘‘(e) PARTICIPATION IN GSA PROGRAMS.— ally performs, by control center, responsi- cial Responsibility and Management Assist- ‘‘(1) IN GENERAL.—Notwithstanding any bility center, agency reporting code, pro- ance Authority, acting on behalf of the Dis- provision of this Act or any other provision gram (including funding source), activity, lo- trict of Columbia Public Schools (DCPS) in of law, a public charter school may acquire cation for accounting purposes, job title, formulating the DCPS budget, the Board of goods and services through the General Serv- grade and classification, annual salary, and Trustees of the University of the District of ices Administration and may participate in position control number; and Columbia, the Board of Library Trustees, programs of the Administration in the same (3) be submitted to the Congress, the and the Board of Governors of the University manner and to the same extent as any entity Mayor, the District of Columbia Council, the of the District of Columbia School of Law of the District of Columbia government. Consensus Commission, and the Authority, shall vote on and approve the respective an- ‘‘(2) PARTICIPATION BY CERTAIN ORGANIZA- not later than February 15 of each year. nual or revised budgets for such entities be- TIONS.—A public charter school may delegate (c) No later than November 1, 2000, or with- fore submission to the Mayor of the District to a nonprofit, tax-exempt organization in in 30 calendar days after the date of the en- of Columbia for inclusion in the Mayor’s the District of Columbia the public charter actment of this Act, whichever occurs later, budget submission to the Council of the Dis- school’s authority under paragraph (1).’’. and each succeeding year, the Super- trict of Columbia in accordance with section SEC. 121. REPORTING REQUIREMENTS FOR THE intendent of DCPS and UDC shall submit to 442 of the District of Columbia Home Rule DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND the appropriate congressional committees, Act (Public Law 93–198; D.C. Code, sec. 47– THE UNIVERSITY OF THE DISTRICT OF COLUM- the Mayor, the District of Columbia Council, 301), or before submitting their respective BIA. (a) The Superintendent of the District of the Consensus Commission, and the District budgets directly to the Council. Columbia Public Schools (DCPS) and the of Columbia Financial Responsibility and SEC. 126. (a) ACCEPTANCE AND USE OF University of the District of Columbia (UDC) Management Assistance Authority, a revised GRANTS NOT INCLUDED IN CEILING.— shall each submit to the Committees on Ap- appropriated funds operating budget for the (1) IN GENERAL.—Notwithstanding any propriations of the House of Representatives public school system and UDC for such fiscal other provision of this Act, the Mayor, in and Senate, the Committee on Government year: (1) that is in the total amount of the consultation with the Chief Financial Offi- Reform of the House of Representatives, and approved appropriation and that realigns cer, during a control year, as defined in sec- the Committee on Governmental Affairs of budgeted data for personal services and tion 305(4) of the District of Columbia Finan- the Senate no later than 15 calendar days other-than-personal services, respectively, cial Responsibility and Management Assist- after the end of each quarter a report that with anticipated actual expenditures; and (2) ance Act of 1995 (Public Law 104–8; 109 Stat. sets forth— that is in the format of the budget that the 152), may accept, obligate, and expend Fed- (1) current quarter expenditures and obli- Superintendent of DCPS and UDC submit to eral, private, and other grants received by gations, year-to-date expenditures and obli- the Mayor of the District of Columbia for in- the District government that are not re- gations, and total fiscal year expenditure clusion in the Mayor’s budget submission to flected in the amounts appropriated in this projections versus budget broken out on the the Council of the District of Columbia pur- Act. basis of control center, responsibility center, suant to section 442 of the District of Colum- (2) REQUIREMENT OF CHIEF FINANCIAL OFFI- and object class, and for all funds, non-ap- bia Home Rule Act (Public Law 93–198; D.C. CER REPORT AND AUTHORITY APPROVAL.—No propriated funds, and capital financing; Code, sec. 47–301). such Federal, private, or other grant may be (2) a list of each account for which spend- SEC. 122. (a) None of the funds contained in accepted, obligated, or expended pursuant to ing is frozen and the amount of funds frozen, this Act may be made available to pay the paragraph (1) until— November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11909 (A) the Chief Financial Officer of the Dis- trict of Columbia or is otherwise designated Schools (DCPS) student is referred for eval- trict of Columbia submits to the Authority a by the Chief of the Department; (2) at the uation or assessment— report setting forth detailed information re- discretion of the Fire Chief, an officer or em- (1) the District of Columbia Board of Edu- garding such grant; and ployee of the District of Columbia Fire and cation, or its successor, and DCPS shall as- (B) the Authority has reviewed and ap- Emergency Medical Services Department sess or evaluate a student who may have a proved the acceptance, obligation, and ex- who resides in the District of Columbia and disability and who may require special edu- penditure of such grant in accordance with is on call 24 hours a day; (3) the Mayor of the cation services; and review and approval procedures consistent District of Columbia; and (4) the Chairman of (2) if a student is classified as having a dis- with the provisions of the District of Colum- the Council of the District of Columbia). ability, as defined in section 101(a)(1) of the bia Financial Responsibility and Manage- (b) INVENTORY OF VEHICLES.—The Chief Fi- Individuals with Disabilities Education Act ment Assistance Act of 1995. nancial Officer of the District of Columbia (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section (3) PROHIBITION ON SPENDING IN ANTICIPA- shall submit, by November 15, 2000, an inven- 7(8) of the Rehabilitation Act of 1973 (87 Stat. TION OF APPROVAL OR RECEIPT.—No amount tory, as of September 30, 2000, of all vehicles 359; 29 U.S.C. 706(8)), the Board and DCPS may be obligated or expended from the gen- owned, leased or operated by the District of shall place that student in an appropriate eral fund or other funds of the District gov- Columbia government. The inventory shall program of special education services. ernment in anticipation of the approval or include, but not be limited to, the depart- SEC. 131. (a) COMPLIANCE WITH BUY AMER- receipt of a grant under paragraph (2)(B) of ment to which the vehicle is assigned; the ICAN ACT.—None of the funds made available this subsection or in anticipation of the ap- year and make of the vehicle; the acquisition in this Act may be expended by an entity un- proval or receipt of a Federal, private, or date and cost; the general condition of the less the entity agrees that in expending the other grant not subject to such paragraph. vehicle; annual operating and maintenance funds the entity will comply with the Buy (4) QUARTERLY REPORTS.—The Chief Finan- costs; current mileage; and whether the vehi- American Act (41 U.S.C. 10a–10c). cial Officer of the District of Columbia shall cle is allowed to be taken home by a District (b) SENSE OF THE CONGRESS; REQUIREMENT prepare a quarterly report setting forth de- officer or employee and if so, the officer or REGARDING NOTICE.— tailed information regarding all Federal, pri- employee’s title and resident location. (1) PURCHASE OF AMERICAN-MADE EQUIPMENT SEC. 129. (a) SOURCE OF PAYMENT FOR EM- vate, and other grants subject to this sub- AND PRODUCTS.—In the case of any equipment PLOYEES DETAILED WITHIN GOVERNMENT.— section. Each such report shall be submitted or product that may be authorized to be pur- For purposes of determining the amount of to the Council of the District of Columbia, chased with financial assistance provided funds expended by any entity within the Dis- and to the Committees on Appropriations of using funds made available in this Act, it is trict of Columbia government during fiscal the House of Representatives and the Senate, the sense of the Congress that entities re- year 2001 and each succeeding fiscal year, not later than 15 days after the end of the ceiving the assistance should, in expending any expenditures of the District government quarter covered by the report. the assistance, purchase only American- (b) REPORT ON EXPENDITURES BY FINANCIAL attributable to any officer or employee of made equipment and products to the great- RESPONSIBILITY AND MANAGEMENT ASSIST- the District government who provides serv- est extent practicable. ANCE AUTHORITY.—Not later than 20 calendar ices which are within the authority and ju- (2) NOTICE TO RECIPIENTS OF ASSISTANCE.— days after the end of each fiscal quarter risdiction of the entity (including any por- In providing financial assistance using funds starting October 1, 2000, the Authority shall tion of the compensation paid to the officer made available in this Act, the head of each submit a report to the Committees on Appro- or employee attributable to the time spent agency of the Federal or District of Colum- priations of the House of Representatives in providing such services) shall be treated bia government shall provide to each recipi- and the Senate, the Committee on Govern- as expenditures made from the entity’s budg- ent of the assistance a notice describing the ment Reform of the House, and the Com- et, without regard to whether the officer or statement made in paragraph (1) by the Con- mittee on Governmental Affairs of the Sen- employee is assigned to the entity or other- gress. ate providing an itemized accounting of all wise treated as an officer or employee of the (c) PROHIBITION OF CONTRACTS WITH PER- non-appropriated funds obligated or ex- entity. SONS FALSELY LABELING PRODUCTS AS MADE pended by the Authority for the quarter. The (b) MODIFICATION OF REDUCTION IN FORCE IN AMERICA.—If it has been finally deter- report shall include information on the date, PROCEDURES.—Section 2408 of the District of mined by a court or Federal agency that any amount, purpose, and vendor name, and a de- Columbia Government Comprehensive Merit person intentionally affixed a label bearing a scription of the services or goods provided Personnel Act of 1978, effective March 3, 1979 ‘‘Made in America’’ inscription, or any in- with respect to the expenditures of such (D.C. Law 2–139; D.C. Code, sec. 1–625.7), is scription with the same meaning, to any funds. amended as follows: product sold in or shipped to the United SEC. 127. If a department or agency of the (1) Subsection (a) is amended by striking States that is not made in the United States, government of the District of Columbia is ‘‘September 30, 2000’’ and inserting ‘‘Sep- the person shall be ineligible to receive any under the administration of a court-ap- tember 30, 2000, and each subsequent fiscal contract or subcontract made with funds pointed receiver or other court-appointed of- year’’. made available in this Act, pursuant to the ficial during fiscal year 2001 or any suc- (2) Subsection (b) is amended by striking debarment, suspension, and ineligibility proceeding fiscal year, the receiver or official ‘‘Prior to February 1, 2000’’ and inserting cedures described in sections 9.400 through shall prepare and submit to the Mayor, for ‘‘Prior to February 1 of each year’’. 9.409 of title 48, Code of Federal Regulations. inclusion in the annual budget of the Dis- (3) Subsection (i) is amended by striking SEC. 132. None of the funds contained in trict of Columbia for the year, annual esti- ‘‘March 1, 2000’’ and inserting ‘‘March 1 of this Act may be used for purposes of the an- mates of the expenditures and appropriations each year’’. nual independent audit of the District of Co- necessary for the maintenance and operation (4) Subsection (k) is amended by striking lumbia government (including the District of of the department or agency. All such esti- ‘‘September 1, 2000’’ and inserting ‘‘Sep- Columbia Financial Responsibility and Man- mates shall be forwarded by the Mayor to tember 1 of each year’’. agement Assistance Authority) for fiscal the Council, for its action pursuant to sec- (c) No officer or employee of the District of year 2001 unless— tions 446 and 603(c) of the District of Colum- Columbia government (including any inde- (1) the audit is conducted by the Inspector bia Home Rule Act, without revision but pendent agency of the District but excluding General of the District of Columbia pursuant subject to the Mayor’s recommendations. the District of Columbia Financial Responsi- to section 208(a)(4) of the District of Colum- Notwithstanding any provision of the Dis- bility and Management Assistance Author- bia Procurement Practices Act of 1985 (D.C. trict of Columbia Home Rule Act (87 Stat. ity, the Metropolitan Police Department, Code, sec. 1–1182.8(a)(4)); and 774; Public Law 93–198), the Council may and the Office of the Chief Technology Offi- (2) the audit includes a comparison of au- comment or make recommendations con- cer) may enter into an agreement in excess dited actual year-end results with the reve- cerning such annual estimates but shall have of $2,500 for the procurement of goods or nues submitted in the budget document for no authority under such Act to revise such services on behalf of any entity of the Dis- such year and the appropriations enacted estimates. trict government until the officer or em- into law for such year. SEC. 128. (a) RESTRICTIONS ON USE OF OFFI- ployee has conducted an analysis of how the SEC. 133. None of the funds contained in CIAL VEHICLES.—Except as otherwise pro- procurement of the goods and services in- this Act may be used by the District of Co- vided in this section, none of the funds made volved under the applicable regulations and lumbia Corporation Counsel or any other of- available by this Act or by any other Act procedures of the District government would ficer or entity of the District government to may be used to provide any officer or em- differ from the procurement of the goods and provide assistance for any petition drive or ployee of the District of Columbia with an services involved under the Federal supply civil action which seeks to require Congress official vehicle unless the officer or em- schedule and other applicable regulations to provide for voting representation in Con- ployee uses the vehicle only in the perform- and procedures of the General Services Ad- gress for the District of Columbia. ance of the officer’s or employee’s official ministration, including an analysis of any SEC. 134. None of the funds contained in duties. For purposes of this paragraph, the differences in the costs to be incurred and this Act may be used to transfer or confine term ‘‘official duties’’ does not include trav- the time required to obtain the goods or inmates classified above the medium secu- el between the officer’s or employee’s resi- services. rity level, as defined by the Federal Bureau dence and workplace (except: (1) in the case SEC. 130. Notwithstanding any other provi- of Prisons classification instrument, to the of an officer or employee of the Metropolitan sion of law, not later than 120 days after the Northeast Ohio Correctional Center located Police Department who resides in the Dis- date that a District of Columbia Public in Youngstown, Ohio. H11910 CONGRESSIONAL RECORD — HOUSE November 14, 2000

SEC. 135. Subsection 3(e) of Public Law 104– (C) If the property is not occupied and uti- SEC. 140. None of the funds contained in 21 (D.C. Code sec. 7–134.2(e)) is amended to lized by the District government as of the this Act may be used after the expiration of read as follows: end of the reporting period involved, a plan the 60-day period that begins on the date of ‘‘(e) INSPECTOR GENERAL AUDIT.—Not later for occupying and utilizing the property (in- the enactment of this Act to pay the salary than February 1, 2001, and each February 1 cluding construction or renovation work) or of any chief financial officer of any office of thereafter, the Inspector General of the Dis- a status statement regarding any efforts by the District of Columbia government (in- trict of Columbia shall audit the financial the District to terminate or renegotiate the cluding the District of Columbia Financial statements of the District of Columbia High- lease. Responsibility and Management Assistance way Trust Fund for the preceding fiscal year (2) TIMING OF REPORTS.—The reports de- Authority and any independent agency of and shall submit to Congress a report on the scribed in paragraph (1) shall be submitted the District) who has not filed a certification results of such audit. Not later than May 31, for each calendar quarter (beginning with with the Mayor and the Chief Financial Offi- 2001, and each May 31 thereafter, the Inspec- the quarter ending December 31, 2000) not cer of the District of Columbia that the offi- tor General shall examine the statements later than 20 days after the end of the quar- cer understands the duties and restrictions forecasting the conditions and operations of ter involved, plus an initial report submitted applicable to the officer and the officer’s the Trust Fund for the next five fiscal years not later than 60 days after the date of the agency as a result of this Act (and the commencing on the previous October 1 and enactment of this Act, which shall provide amendments made by this Act), including shall submit to Congress a report on the re- information as of the date of the enactment any duty to prepare a report requested either sults of such examination.’’. of this Act. in the Act or in any of the reports accom- SEC. 136. No later than November 1, 2000, or panying the Act and the deadline by which (3) LEASES DESCRIBED.—A lease described in within 30 calendar days after the date of the each report must be submitted, and the Dis- this paragraph is a lease in effect as of the enactment of this Act, whichever occurs trict’s Chief Financial Officer shall provide date of the enactment of this Act for the use later, the Chief Financial Officer of the Dis- to the Committees on Appropriations of the of real property by the District of Columbia trict of Columbia shall submit to the appro- Senate and the House of Representatives by government (including any independent priate committees of Congress, the Mayor, the 10th day after the end of each quarter a agency of the District) which is not being oc- and the District of Columbia Financial Re- summary list showing each report, the due cupied by the District government (including sponsibility and Management Assistance Au- date and the date submitted to the Commit- any independent agency of the District) as of thority a revised appropriated funds oper- tees. ating budget in the format of the budget such date or during the 60-day period which SEC. 141. The proposed budget of the gov- that the District of Columbia government begins on the date of the enactment of this ernment of the District of Columbia for fis- submitted pursuant to section 442 of the Dis- Act. cal year 2002 that is submitted by the Dis- trict of Columbia Home Rule Act (Public SEC. 139. (a) MANAGEMENT OF EXISTING DIS- trict to Congress shall specify potential ad- Law 93–198; D.C. Code, sec. 47–301), for all TRICT GOVERNMENT PROPERTY.—Upon the ex- justments that might become necessary in agencies of the District of Columbia govern- piration of the 60-day period that begins on the event that the operational improvements the date of the enactment of this Act, none ment for such fiscal year that is in the total savings, including managed competition, and of the funds contained in this Act may be amount of the approved appropriation and management reform savings achieved by the used to enter into a lease (or to make rental that realigns all budgeted data for personal District during the year do not meet the payments under such a lease) for the use of services and other-than-personal-services, level of management savings projected by real property by the District of Columbia respectively, with anticipated actual expend- the District under the proposed budget. government (including any independent itures. SEC. 142. In submitting any document SEC. 137. (a) None of the funds contained in agency of the District) or to purchase real showing the budget for an office of the Dis- this Act may be used for any program of dis- property for the use of the District of Colum- trict of Columbia government (including an bia government (including any independent tributing sterile needles or syringes for the independent agency of the District) that con- agency of the District) or to manage real hypodermic injection of any illegal drug. tains a category of activities labeled as property for the use of the District of Colum- (b) Any individual or entity who receives ‘‘other’’, ‘‘miscellaneous’’, or a similar gen- bia (including any independent agency of the any funds contained in this Act and who car- eral, nondescriptive term, the document District) unless the following conditions are ries out any program described in subsection shall include a description of the types of ac- met: (a) shall account for all funds used for such tivities covered in the category and a de- (1) The Mayor and Council of the District program separately from any funds con- tailed breakdown of the amount allocated for of Columbia certify to the Committees on tained in this Act. each such activity. EC ESTRICTIONS ON EASES Appropriations of the House of Representa- S . 138. (a) R L .— SEC. 143. (a) None of the funds contained in Upon the expiration of the 60-day period that tives and Senate that existing real property this Act may be used to enact or carry out begins on the date of the enactment of this available to the District (whether leased or any law, rule, or regulation to legalize or Act, none of the funds contained in this Act owned by the District government) is not otherwise reduce penalties associated with may be used to make rental payments under suitable for the purposes intended. the possession, use, or distribution of any a lease for the use of real property by the (2) Notwithstanding any other provisions schedule I substance under the Controlled District of Columbia government (including of law, there is made available for sale or Substances Act (21 U.S.C. 802) or any any independent agency of the District) un- lease all real property of the District of Co- tetrahydrocannabinols derivative. less the lease and an abstract of the lease lumbia that the Mayor from time-to-time (b) The Legalization of Marijuana for Med- have been filed (by the District of Columbia determines is surplus to the needs of the Dis- ical Treatment Initiative of 1998, also known or any other party to the lease) with the cen- trict of Columbia, unless a majority of the as Initiative 59, approved by the electors of tral office of the Deputy Mayor for Economic members of the Council override the Mayor’s the District of Columbia on November 3, Development, in an indexed registry avail- determination during the 30-day period 1998, shall not take effect. able for public inspection. which begins on the date the determination SEC. 144. Notwithstanding any other provi- (b) ADDITIONAL RESTRICTIONS ON CURRENT is published. sion of law, the Mayor of the District of Co- LEASES.— (3) The Mayor and Council implement a lumbia is hereby solely authorized to allo- (1) IN GENERAL.—Upon the expiration of the program for the periodic survey of all Dis- cate the District’s limitation amount of 60-day period that begins on the date of the trict property to determine if it is surplus to qualified zone academy bonds (established enactment of this Act, in the case of a lease the needs of the District. pursuant to 26 U.S.C. 1397E) among qualified described in paragraph (3), none of the funds (4) The Mayor and Council within 60 days zone academies within the District. contained in this Act may be used to make of the date of the enactment of this Act have SEC. 145. (a) Section 11232 of the Balanced rental payments under the lease unless the filed with the Committees on Appropriations Budget Act of 1997 (sec. 24–1232, D.C. Code) is lease is included in periodic reports sub- of the House of Representatives and Senate, amended— mitted by the Mayor and Council of the Dis- the Committee on Government Reform of (1) by redesignating subsections (f) through trict of Columbia to the Committees on Ap- the House of Representatives, and the Com- (i) as subsections (g) through (j); and propriations of the House of Representatives mittee on Governmental Affairs of the Sen- (2) by inserting after subsection (e) the fol- and Senate describing for each such lease the ate a report which provides a comprehensive lowing new subsection: following information: plan for the management of District of Co- ‘‘(f) TREATMENT AS FEDERAL EMPLOYEES.— (A) The location of the property involved, lumbia real property assets, and are pro- ‘‘(1) IN GENERAL.—The Trustee and employ- the name of the owners of record according ceeding with the implementation of the plan. ees of the Trustee who are not covered under to the land records of the District of Colum- (b) TERMINATION OF PROVISIONS.—If the subsection (e) shall be treated as employees bia, the name of the lessors according to the District of Columbia enacts legislation to re- of the Federal Government solely for pur- lease, the rate of payment under the lease, form the practices and procedures governing poses of the following provisions of title 5, the period of time covered by the lease, and the entering into of leases for the use of real United States Code: the conditions under which the lease may be property by the District of Columbia govern- ‘‘(A) Chapter 83 (relating to retirement). terminated. ment and the disposition of surplus real ‘‘(B) Chapter 84 (relating to the Federal (B) The extent to which the property is or property of the District government, the pro- Employees’ Retirement System). is not occupied by the District of Columbia visions of subsection (a) shall cease to be ef- ‘‘(C) Chapter 87 (relating to life insurance). government as of the end of the reporting pe- fective upon the effective date of the legisla- ‘‘(D) Chapter 89 (relating to health insur- riod involved. tion. ance). November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11911

‘‘(2) EFFECTIVE DATES OF COVERAGE.—The peals shall establish standards and criteria with respect to an individual possessing effective dates of coverage of the provisions for determining whether vouchers submitted products in the course of a valid, supervised of paragraph (1) are as follows: for claims for payments described in sub- law enforcement operation. ‘‘(A) In the case of the Trustee and employ- section (b) are complete, and shall publish ‘‘(c) PENALTIES.—Any individual who vio- ees of the Office of the Trustee and the Office and make such standards and criteria avail- lates subsection (a) shall be subject to the of Adult Probation, August 5, 1997, or the able to attorneys who practice before such following penalties: date of appointment, whichever is later. Courts. ‘‘(1) For any violation, the individual may ‘‘(B) In the case of employees of the Office (d) RULE OF CONSTRUCTION.—Nothing in be required to perform community service or of Parole, October 11, 1998, or the date of ap- this section shall be construed to require the attend a tobacco cessation program. pointment, whichever is later. assessment of interest against any claim (or ‘‘(2) Upon the first violation, the individual ‘‘(C) In the case of employees of the Pre- portion of any claim) which is denied by the shall be subject to a civil penalty not to ex- trial Services Agency, January 3, 1999, or the Court involved. ceed $50. date of appointment, whichever is later. (e) EFFECTIVE DATE.—This section shall ‘‘(3) Upon the second and each subsequent ‘‘(3) RATE OF CONTRIBUTIONS.—The Trustee apply with respect to claims received by the violation, the individual shall be subject to a shall make contributions under the provi- Superior Court of the District of Columbia or civil penalty not to exceed $100. sions referred to in paragraph (1) at the same the District of Columbia Court of Appeals ‘‘(4) Upon the third and each subsequent rates applicable to agencies of the Federal after the expiration of the 90-day period violation, the individual may have his or her Government. which begins on the date of the enactment of driving privileges in the District of Columbia this Act. ‘‘(4) REGULATIONS.—The Office of Personnel suspended for a period of 90 consecutive SEC. 150. (a) Effective 120 days after the Management shall issue such regulations as days.’’. date of the enactment of this Act, it shall be are necessary to carry out this subsection.’’. (b) USE OF CONTRIBUTION.—The Metropoli- unlawful for any person to distribute any (b) The amendment made by subsection (a) tan Police Department shall use the con- needle or syringe for the hypodermic injec- shall take effect as if included in the enact- tribution made under subsection (a) to en- tion of any illegal drug in any area of the ment of title XI of the Balanced Budget Act force the law referred to in such subsection. District of Columbia which is within 1000 of 1997. SEC. 152. Nothing in this Act bars the Dis- feet of a public or private elementary or sec- SEC. 146. It is the sense of the Congress trict of Columbia Corporation Counsel from ondary school (including a public charter that the District of Columbia Financial Re- reviewing or commenting on briefs in private school). It is stipulated that based on a sur- sponsibility and Management Assistance Au- lawsuits, or from consulting with officials of vey by the Metropolitan Police Department the District government regarding such law- thority should quickly complete the sale of of the District of Columbia that sites at 4th the Franklin School property, a property suits. Street Northeast and Rhode Island Avenue SEC. 153. (a) Nothing in the Federal Grant which has been vacant for over 20 years. Northeast, Southern Avenue Southeast and and Cooperative Agreements Act of 1977 (31 SEC. 147. Nothing in this Act may be con- Central Avenue Southeast, 1st Street South- U.S.C. 6301 et seq.) may be construed to pro- strued to prevent the Council or Mayor of east and M Street Southeast, 21st Street hibit the Administrator of the Environ- the District of Columbia from addressing the Northeast and H Street Northeast, Min- mental Protection Agency from negotiating issue of the provision of contraceptive cov- nesota Avenue Northeast and Clay Place and entering into cooperative agreements erage by health insurance plans, but it is the Northeast, and 15th Street Southeast and and grants authorized by law which affect intent of Congress that any legislation en- Ives Street Southeast are outside the 1000- real property of the Federal Government in acted on such issue should include a ‘‘con- foot perimeter. Sites at North Capitol Street the District of Columbia if the principal pur- science clause’’ which provides exceptions and New York Avenue Northeast, Division pose of the cooperative agreement or grant is for religious beliefs and moral convictions. Avenue Northeast and Foote Street North- to provide comparable benefits for Federal SEC. 148. (a) Chapter 23 of title 11, District east, Georgia Avenue Northwest and New and non-Federal properties in the District of of Columbia, is hereby repealed. Hampshire Avenue Northwest, and 15th Columbia. (b) The table of chapters for title 11, Dis- Street Northeast and A Street Northeast are (b) Subsection (a) shall apply with respect trict of Columbia, is amended by striking the found to be within the 1000-foot perimeter. to fiscal year 2001 and each succeeding fiscal item relating to chapter 23. (b) The Public Housing Police of the Dis- year. (c) The amendments made by this section trict of Columbia Housing Authority shall SEC. 154. (a) IN GENERAL.—The District of shall take effect on the date on which legis- prepare a monthly report on activity involv- Columbia Home Rule Act, as amended by lation enacted by the Council of the District ing illegal drugs at or near any public hous- section 159(a) of this Act, is further amended of Columbia to establish the Office of the ing site where a needle exchange program is by inserting after section 450A the following Chief Medical Examiner in the executive conducted, and shall submit such reports to new section: branch of the government of the District of the Executive Director of the District of Co- ‘‘COMPREHENSIVE FINANCIAL MANAGEMENT Columbia takes effect. lumbia Housing Authority, who shall submit POLICY PROMPT PAYMENT OF APPOINTED COUNSEL them to the Committees on Appropriations ‘‘SEC. 450B. (a) COMPREHENSIVE FINANCIAL SEC. 149. (a) ASSESSMENT OF INTEREST FOR of the House of Representatives and Senate. MANAGEMENT POLICY.—The District of Co- DELAYED PAYMENTS.—If the Superior Court The Executive Director shall ascertain any lumbia shall conduct its financial manage- of the District of Columbia or the District of concerns of the residents of any public hous- ment in accordance with a comprehensive fi- Columbia Court of Appeals does not make a ing site about any needle exchange program nancial management policy. payment described in subsection (b) prior to conducted on or near the site, and this infor- ‘‘(b) CONTENTS OF POLICY.—The comprehen- the expiration of the 45-day period which be- mation shall be included in these reports. sive financial management policy shall in- gins on the date the Court receives a com- The District of Columbia Government shall clude, but not be limited to, the following: pleted voucher for a claim for the payment, take appropriate action to require relocation ‘‘(1) A cash management policy. interest shall be assessed against the amount of any such program if so recommended by ‘‘(2) A debt management policy. of the payment which would otherwise be the police or by a significant number of resi- ‘‘(3) A financial asset management policy. made to take into account the period which dents of such site. ‘‘(4) An emergency reserve management begins on the day after the expiration of FEDERAL CONTRIBUTION FOR ENFORCEMENT OF policy in accordance with section 450A(a). such 45-day period and which ends on the day LAW BANNING POSSESSION OF TOBACCO PROD- ‘‘(5) A contingency reserve management the Court makes the payment. UCTS BY MINORS policy in accordance with section 450A(b). (b) PAYMENTS DESCRIBED.—A payment de- SEC. 151. (a) CONTRIBUTION.—There is here- ‘‘(6) A policy for determining real property scribed in this subsection is— by appropriated a Federal contribution of tax exemptions for the District of Columbia. (1) a payment authorized under section 11– $100,000 to the Metropolitan Police Depart- ‘‘(c) ANNUAL REVIEW.—The comprehensive 2604 and section 11–2605, D.C. Code (relating ment of the District of Columbia, effective financial management policy shall be re- to representation provided under the District upon the enactment by the District of Co- viewed at the end of each fiscal year by the of Columbia Criminal Justice Act); lumbia of a law which reads as follows: Chief Financial Officer who shall— (2) a payment for counsel appointed in pro- ‘‘SECTION 1. BAN ON POSSESSION OF TOBACCO ‘‘(1) not later than July 1 of each year, sub- ceedings in the Family Division of the Supe- PRODUCTS BY MINORS. mit any proposed changes in the policy to rior Court of the District of Columbia under ‘‘(a) IN GENERAL.—It shall be unlawful for the Mayor and (in the case of a fiscal year chapter 23 of title 16, D.C. Code; or any individual under 18 years of age to pos- which is a control year, as defined in section (3) a payment for counsel authorized under sess any cigarette or other tobacco product 305(4) of the District of Columbia Financial section 21–2060, D.C. Code (relating to rep- in the District of Columbia. Responsibility and Management Assistance resentation provided under the District of ‘‘(b) EXCEPTIONS.— Act of 1995) the District of Columbia Finan- Columbia Guardianship, Protective Pro- ‘‘(1) POSSESSION IN COURSE OF EMPLOY- cial Responsibility and Management Assist- ceedings, and Durable Power of Attorney Act MENT.—Subsection (a) shall not apply with ance Authority (Authority) for review; of 1986). respect to an individual making a delivery of ‘‘(2) not later than August 1 of each year, (c) STANDARDS FOR SUBMISSION OF COM- cigarettes or tobacco products in pursuance after consideration of any comments re- PLETED VOUCHERS.—The chief judges of the of employment. ceived under paragraph (1), submit the Superior Court of the District of Columbia ‘‘(2) PARTICIPATION IN LAW ENFORCEMENT changes to the Council of the District of Co- and the District of Columbia Court of Ap- OPERATION.—Subsection (a) shall not apply lumbia (Council) for approval; and H11912 CONGRESSIONAL RECORD — HOUSE November 14, 2000

‘‘(3) not later than September 1 of each (C) in paragraph (1), by striking ‘‘Pre- (b) EFFECTIVE PERIOD.—The waiver pro- year, notify the Committees on Appropria- paring’’ and inserting ‘‘During a control vided by subsection (a) shall— tions of the Senate and House of Representa- year, preparing’’; (1) take effect on enactment; and tives, the Committee on Government Reform (D) in paragraph (3), by striking ‘‘Assur- (2) terminate on the date the Department of the House of Representatives, and the ing’’ and inserting ‘‘During a control year, of Health and Human Services approves the Committee on Governmental Affairs of the assuring’’; drug program of the agency pursuant to sec- Senate of any changes enacted by the Coun- (E) in paragraph (5), by striking ‘‘With the tion 503 of Public Law 100–71 or 12 months cil. approval’’ and all that follows through ‘‘the after the date referred to in paragraph (1), ‘‘(d) PROCEDURE FOR DEVELOPMENT OF Council—’’ and inserting ‘‘Preparing and whichever is later. FIRST COMPREHENSIVE FINANCIAL MANAGE- submitting to the Mayor and the Council, SEC. 158. Commencing October 1, 2000, the MENT POLICY.— with the approval of the Authority during a Mayor of the District of Columbia shall sub- ‘‘(1) CHIEF FINANCIAL OFFICER.—Not later control year—’’; mit to the Senate and House Committees on than April 1, 2001, the Chief Financial Officer (F) in paragraph (11), by striking ‘‘or the Appropriations, the Senate Governmental shall submit to the Mayor an initial pro- Authority’’ and inserting ‘‘(or by the Au- Affairs Committee, and the House Govern- posed comprehensive financial management thority during a control year)’’; and ment Reform Committee quarterly reports policy for the District of Columbia pursuant (G) by adding at the end the following new addressing the following issues: (1) crime, in- to this section. paragraphs: cluding the homicide rate, implementation ‘‘(2) COUNCIL.—Following review and com- ‘‘(18) Exercising responsibility for the ad- of community policing, the number of police ment by the Mayor, not later than May 1, ministration and supervision of the District officers on local beats, and the closing down 2001, the Chief Financial Officer shall submit of Columbia Treasurer (except that the Chief of open-air drug markets; (2) access to drug the proposed financial management policy to Financial Officer may delegate any portion abuse treatment, including the number of the Council for its prompt review and adop- of such responsibility as the Chief Financial treatment slots, the number of people tion. Officer considers appropriate and consistent served, the number of people on waiting ‘‘(3) AUTHORITY.—Upon adoption of the fi- with efficiency). lists, and the effectiveness of treatment pro- nancial management policy under paragraph ‘‘(19) Administering all borrowing programs; (3) management of parolees and pre- (2), the Council shall immediately submit grams of the District government for the trial violent offenders, including the number the policy to the Authority for a review of issuance of long-term and short-term indebt- of halfway house escapes and steps taken to not to exceed 30 days. edness. improve monitoring and supervision of half- ‘‘(4) CONGRESS.—Following review of the fi- ‘‘(20) Administering the cash management way house residents to reduce the number of nancial management policy by the Authority program of the District government, includ- escapes to be provided in consultation with under paragraph (3), the Authority shall sub- ing the investment of surplus funds in gov- the Court Services and Offender Supervision mit the policy to the Committees on Appro- ernmental and non-governmental interest- Agency; (4) education, including access to priations of the Senate and House of Rep- bearing securities and accounts. special education services and student resentatives, the Committee on Government ‘‘(21) Administering the centralized Dis- achievement to be provided in consultation Reform of the House of Representatives, and trict government payroll and retirement sys- with the District of Columbia Public the Committee on Governmental Affairs of tems. Schools; (5) improvement in basic District the Senate for review, and the policy shall services, including rat control and abate- take effect 30 days after the date the policy ‘‘(22) Governing the accounting policies and systems applicable to the District gov- ment; (6) application for and management of is submitted under this paragraph.’’. Federal grants, including the number and (b) CLERICAL AMENDMENT.—The table of ernment. ‘‘(23) Preparing appropriate annual, quar- type of grants for which the District was eli- contents for the District of Columbia Home gible but failed to apply and the number and Rule Act is amended by inserting after the terly, and monthly financial reports of the accounting and financial operations of the type of grants awarded to the District but item relating to section 450A the following which the District failed to spend the new item: District government. ‘‘(24) Not later than 120 days after the end amounts received; and (7) indicators of child ‘‘Sec. 450B. Comprehensive financial manage- well-being. ment policy.’’. of each fiscal year, preparing the complete RESERVE FUNDS (c) EFFECTIVE DATE.—This section and the financial statement and report on the activi- amendments made by this section shall take ties of the District government for such fis- SEC. 159. (a) ESTABLISHMENT OF RESERVE effect on October 1, 2000. cal year, for the use of the Mayor under sec- FUNDS.— (1) IN GENERAL.—The District of Columbia APPOINTMENT AND DUTIES OF CHIEF FINANCIAL tion 448(a)(4).’’. Home Rule Act is amended by inserting after OFFICER (2) CONFORMING AMENDMENTS.—Section 424 of such Act (sec. 47–317.1 et seq., D.C. Code) is section 450 the following new section: SEC. 155. (a) APPOINTMENT AND DISMISSAL.— amended— Section 424(b) of the District of Columbia ‘‘RESERVE FUNDS (A) by striking subsection (d); Home Rule Act (sec. 47–317.2, D.C. Code) is ‘‘SEC. 450A. (a) EMERGENCY RESERVE amended— (B) in subsection (e)(2), by striking ‘‘or FUND.— (1) in paragraph (1)(B), by adding at the subsection (d)’’; and ‘‘(1) IN GENERAL.—There is established an end the following: ‘‘Upon confirmation by (C) by redesignating subsections (e) and (f) emergency cash reserve fund (in this sub- the Council, the name of the Chief Financial as subsections (d) and (e), respectively. section referred to as the ‘emergency reserve SEC. 156. (a) Notwithstanding the provi- Officer shall be submitted to the Committees fund’) as an interest-bearing account (sepa- sions of the District of Columbia Govern- on Appropriations of the Senate and House rate from other accounts in the General ment Comprehensive Merit Personnel Act of of Representatives, the Committee on Gov- Fund) into which the Mayor shall deposit in 1978 (D.C. Law 2–139; D.C. Code 1–601.1 et ernmental Affairs of the Senate, and the cash not later than February 15 of each fiscal seq.), or any other District of Columbia law, year (or not later than October 1, 2000, in the Committee on Government Reform of the statute, regulation, the provisions of the case of fiscal year 2001) such amount as may House of Representatives for a 30-day period District of Columbia Personnel Manual, or be required to maintain a balance in the fund of review and comment before the appoint- the provisions of any collective bargaining of at least 4 percent of the total budget ap- ment takes effect.’’; and agreement, employees of the District of Co- (2) in paragraph (2)(B), by striking the pe- lumbia government will only receive com- propriated for operating expenditures for riod at the end and inserting the following: pensation for overtime work in excess of 40 such fiscal year which is derived from local ‘‘upon dismissal by the Mayor and approval hours per week (or other applicable tour of funds (or, in the case of fiscal years prior to of that dismissal by a 2⁄3 vote of the Council. duty) of work actually performed, in accord- fiscal year 2004, such amount as may be re- Upon approval of the dismissal by the Coun- ance with the provisions of the Fair Labor quired to maintain a balance in the fund of cil, notice of the dismissal shall be sub- Standards Act, 29 U.S.C. § 201 et seq. at least the minimum emergency reserve mitted to the Committees on Appropriations (b) Subsection (a) of this section shall be balance for such fiscal year, as determined of the Senate and House of Representatives, effective December 27, 1996. The Resolution under paragraph (2)). the Committee on Governmental Affairs of and Order of the District of Columbia Finan- ‘‘(2) DETERMINATION OF MINIMUM EMER- the Senate, and the Committee on Govern- cial Responsibility and Management Assist- GENCY RESERVE BALANCE.— ment Reform of the House of Representa- ance Authority, dated December 27, 1996, is ‘‘(A) IN GENERAL.—The ‘minimum emer- tives for a 30-day period of review and com- hereby ratified and approved and shall be gency reserve balance’ with respect to a fis- ment before the dismissal takes effect.’’. given full force and effect. cal year is the amount equal to the applica- (b) FUNCTIONS.— SEC. 157. (a) IN GENERAL.—Notwithstanding ble percentage of the total budget appro- (1) IN GENERAL.—Section 424(c) of such Act section 503 of Public Law 100–71 and as propriated for operating expenditures for such (sec. 47–317.3, D.C. Code) is amended— vided in subsection (b), the Court Services fiscal year which is derived from local funds. (A) in the heading, by striking ‘‘DURING A and Offender Supervision Agency for the Dis- ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In CONTROL YEAR’’; trict of Columbia (in this section referred to subparagraph (A), the ‘applicable percentage’ (B) in the matter preceding paragraph (1), as the ‘‘agency’’) may implement and admin- with respect to a fiscal year means the fol- by striking ‘‘During a control year, the Chief ister the Drug Free Workplace Program of lowing: Financial Officer’’ and inserting ‘‘The Chief the agency, dated July 28, 2000, for employ- ‘‘(i) For fiscal year 2001, 1 percent. Financial Officer’’; ment applicants of the agency. ‘‘(ii) For fiscal year 2002, 2 percent. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11913 ‘‘(iii) For fiscal year 2003, 3 percent. cash not later than October 1 of each fiscal of Columbia Financial Responsibility and ‘‘(3) INTEREST.—Interest earned on the year (beginning with fiscal year 2005) such Management Assistance Authority (in the emergency reserve fund shall remain in the amount as may be required to maintain a case of a fiscal year which is a control year, account and shall only be withdrawn in ac- balance in the fund of at least 3 percent of as defined in section 305(4) of the District of cordance with paragraph (4). the total budget appropriated for operating Columbia Financial Responsibility and Man- ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN EMER- expenditures for such fiscal year which is de- agement Assistance Act of 1995), and the GENCY RESERVE FUND.—The Chief Financial rived from local funds (or, in the case of fis- Committees on Appropriations of the Senate Officer, in consultation with the Mayor, cal years prior to fiscal year 2007, such and House of Representatives that includes a shall develop a policy to govern the emer- amount as may be required to maintain a monthly statement on the balance and ac- gency reserve fund which shall include (but balance in the fund of at least the minimum tivities of the contingency and emergency which may not be limited to) the following contingency reserve balance for such fiscal reserve funds.’’. requirements: year, as determined under paragraph (2)). (2) CLERICAL AMENDMENT.—The table of ‘‘(A) The emergency reserve fund may be ‘‘(2) DETERMINATION OF MINIMUM CONTIN- contents for the District of Columbia Home used to provide for unanticipated and non- GENCY RESERVE BALANCE.— Rule Act is amended by inserting after the recurring extraordinary needs of an emer- ‘‘(A) IN GENERAL.—The ‘minimum contin- item relating to section 450 the following gency nature, including a natural disaster or gency reserve balance’ with respect to a fis- new item: calamity as defined by section 102 of the cal year is the amount equal to the applica- ‘‘Sec. 450A. Reserve funds.’’. Robert T. Stafford Disaster Relief and Emer- ble percentage of the total budget appro- (b) CONFORMING AMENDMENTS.— gency Assistance Act (Public Law 100–707) or priated from local funds for operating ex- (1) CURRENT RESERVE FUND.—Section 202(j) unexpected obligations by Federal law. penditures for such fiscal year which is de- of the District of Columbia Financial Re- ‘‘(B) The emergency reserve fund may also rived from local funds. sponsibility and Management Assistance Act be used in the event of a State of Emergency ‘‘(B) APPLICABLE PERCENTAGE DEFINED.—In of 1995 (sec. 47–392.2(j), D.C. Code) is amend- as declared by the Mayor pursuant to section subparagraph (A), the ‘applicable percentage’ ed— 5 of the District of Columbia Public Emer- with respect to a fiscal year means the fol- (A) in paragraph (1), by striking ‘‘Begin- gency Act of 1980 (sec. 6–1504, D.C. Code). lowing: ning with fiscal year 2000, the plan or budget ‘‘(i) For fiscal year 2005, 1 percent. ‘‘(C) The emergency reserve fund may not submitted pursuant to this Act’’ and insert- be used to fund— ‘‘(ii) For fiscal year 2006, 2 percent. ing ‘‘For each of the fiscal years 2000 through ‘‘(i) any department, agency, or office of ‘‘(3) INTEREST.—Interest earned on the con- 2004, the budget of the District government the Government of the District of Columbia tingency reserve fund shall remain in the ac- for the fiscal year’’; and which is administered by a receiver or other count and may only be withdrawn in accord- (B) by adding at the end the following new official appointed by a court; ance with paragraph (4). paragraph: ‘‘(ii) shortfalls in any projected reductions ‘‘(4) CRITERIA FOR USE OF AMOUNTS IN CON- ‘‘(4) REPLENISHMENT.—Any amount of the which are included in the budget proposed by TINGENCY RESERVE FUND.—The Chief Finan- reserve funds which is expended in one fiscal the District of Columbia for the fiscal year; cial Officer, in consultation with the Mayor, year shall be replenished in the reserve funds or shall develop a policy governing the use of from the following fiscal year appropriations ‘‘(iii) settlements and judgments made by the contingency reserve fund which shall in- or against the Government of the District of clude (but which may not be limited to) the to maintain the $150,000,000 balance.’’. Columbia. following requirements: (2) POSITIVE FUND BALANCE.—Section 202(k) of such Act (sec. 47–392.2(k), D.C. Code) is re- ‘‘(5) ALLOCATION OF EMERGENCY CASH RE- ‘‘(A) The contingency reserve fund may pealed. SERVE FUNDS.—Funds may be allocated from only be used to provide for nonrecurring or (c) EFFECTIVE DATE.—This section and the the emergency reserve fund only after— unforeseen needs that arise during the fiscal ‘‘(A) an analysis has been prepared by the year, including expenses associated with un- amendments made by this section shall take Chief Financial Officer of the availability of foreseen weather or other natural disasters, effect on October 1, 2000. other sources of funding to carry out the unexpected obligations created by Federal TREATMENT OF REVENUE BONDS SECURED BY purposes of the allocation and the impact of law or new public safety or health needs or TOBACCO SETTLEMENT PAYMENTS such allocation on the balance and integrity requirements that have been identified after SEC. 160. (a) PERMITTING COUNCIL TO DELE- of the emergency reserve fund; and the budget process has occurred, or opportu- GATE AUTHORITY TO ISSUE BONDS.— ‘‘(B) with respect to fiscal years beginning nities to achieve cost savings. (1) IN GENERAL.—Section 490 of the District with fiscal year 2005, the contingency reserve ‘‘(B) The contingency reserve fund may be of Columbia Home Rule Act (sec. 47–334, D.C. fund established by subsection (b) has been used, if needed, to cover revenue shortfalls Code) is amended— projected by the Chief Financial Officer to be experienced by the District government for 3 (A) by redesignating subsections (i) exhausted at the time of the allocation. consecutive months (based on a 2 month roll- through (m) as subsections (j) through (n); ‘‘(6) NOTICE.—The Mayor, the Council, and ing average) that are 5 percent or more and (in the case of a fiscal year which is a con- below the budget forecast. (B) by inserting after subsection (h) the trol year, as defined in section 305(4) of the ‘‘(C) The contingency reserve fund may not following new subsection: District of Columbia Financial Responsi- be used to fund any shortfalls in any pro- ‘‘(i)(1) The Council may delegate to the bility and Management Assistance Act of jected reductions which are included in the District of Columbia Tobacco Settlement Fi- 1995) the District of Columbia Financial Re- budget proposed by the District of Columbia nancing Corporation (hereafter in this sub- sponsibility and Management Assistance Au- for the fiscal year. section referred to as the ‘‘Corporation’’) es- thority shall notify the Committees on Ap- ‘‘(5) ALLOCATION OF CONTINGENCY CASH RE- tablished pursuant to the Tobacco Settle- propriations of the Senate and House of Rep- SERVE.—Funds may be allocated from the ment Financing Act of 2000 the authority of resentatives in writing not more than 30 contingency reserve fund only after an anal- the Council under subsection (a) to issue rev- days after the expenditure of funds from the ysis has been prepared by the Chief Financial enue bonds, notes, and other obligations emergency reserve fund. Officer of the availability of other sources of which are used to borrow money to finance ‘‘(7) REPLENISHMENT.—The District of Co- funding to carry out the purposes of the allo- or assist in the financing or refinancing of lumbia shall appropriate sufficient funds cation and the impact of such allocation on capital projects and other undertakings of each fiscal year in the budget process to re- the balance and integrity of the contingency the District of Columbia and which are pay- plenish any amounts allocated from the reserve fund. able solely from and secured by payments emergency reserve fund during the preceding ‘‘(6) REPLENISHMENT.—The District of Co- under the Master Tobacco Settlement Agree- fiscal year by the following fiscal year. Once lumbia shall appropriate sufficient funds ment. The Corporation may exercise author- the emergency reserve equals 4 percent of each fiscal year in the budget process to re- ity delegated to it by the Council as de- total budget appropriated from local funds plenish any amounts allocated from the con- scribed in the first sentence of this para- for operating expenditures for the fiscal tingency reserve fund during the preceding graph (whether such delegation is made be- year, the District of Columbia shall appro- fiscal year by the following fiscal year. Once fore or after the date of the enactment of priate sufficient funds each fiscal year in the the contingency reserve equals 3 percent of this subsection) only in accordance with this budget process to replenish any amounts al- total funds appropriated from local funds for subsection and the provisions of the Tobacco located from the emergency reserve fund operating expenditures, the District of Co- Settlement Financing Act of 2000. during the preceding year to maintain a bal- lumbia shall appropriate sufficient funds ‘‘(2) Revenue bonds, notes, and other obli- ance of at least 4 percent of total funds ap- each fiscal year in the budget process to re- gations issued by the Corporation under a propriated from local funds for operating ex- plenish any amounts allocated from the con- delegation of authority described in para- penditures by the following fiscal year. tingency reserve fund during the preceding graph (1) shall be issued by resolution of the ‘‘(b) CONTINGENCY RESERVE FUND.— year to maintain a balance of at least 3 per- Corporation, and any such resolution shall ‘‘(1) IN GENERAL.—There is established a cent of total funds appropriated from local not be considered to be an act of the Council. contingency cash reserve fund (in this sub- funds for operating expenditures by the fol- ‘‘(3) The fourth sentence of section 446 section referred to as the ‘contingency re- lowing fiscal year. shall not apply to— serve fund’) as an interest-bearing account ‘‘(c) QUARTERLY REPORTS.—The Chief Fi- ‘‘(A) any amount (including the amount of (separate from other accounts in the General nancial Officer shall submit a quarterly re- any accrued interest or premium) obligated Fund) into which the Mayor shall deposit in port to the Mayor, the Council, the District or expended from the proceeds of the sale of H11914 CONGRESSIONAL RECORD — HOUSE November 14, 2000 any revenue bond, note, or other obligation paragraph (E) in the same manner as other (1) by redesignating clauses (vi) through issued pursuant to this subsection; entities receiving grants to carry out such (ix) as clauses (vii) through (x), respectively; ‘‘(B) any amount obligated or expended for activities. and the payment of the principal of, interest on, ‘‘(iii) ADMINISTRATION THROUGH COM- (2) by inserting after clause (v) the fol- or any premium for any revenue bond, note, MITTEE.—The Mayor shall carry out this sub- lowing: or other obligation issued pursuant to this paragraph through the committee appointed ‘‘(vi) immediately upon completing the re- subsection; by the Mayor under the second sentence of mediation required under clause (ii) (but in ‘‘(C) any amount obligated or expended to paragraph (2)(B) (as in effect prior to the en- no event later than June 1, 2003), transfer secure any revenue bond, note, or other obli- actment of the District of Columbia Appro- any property located south of Silverbrooke gation issued pursuant to this subsection; or priations Act, 2001). The committee may Road which is identified for use for edu- ‘‘(D) any amount obligated or expended for enter into an agreement with a third party cational purposes in the Fairfax County repair, maintenance, and capital improve- to carry out its responsibilities under this reuse plan to the County, without consider- ments to facilities financed pursuant to this subparagraph. ation, subject to the condition that the subsection. ‘‘(iv) CAP ON ADMINISTRATIVE COSTS.—Not County use the property only for educational ‘‘(4) In this subsection, the term ‘Master more than 10% of the funds available for purposes;’’. Tobacco Settlement Agreement’ means the grants under this subparagraph may be used SEC. 164. (a) Section 208(a) of the District of settlement agreement (and related docu- to cover the administrative costs of making Columbia Procurement Practices Act of 1985 ments), as may be amended from time to grants under this subparagraph. (sec. 1–1182.8(a), D.C. Code) is amended— time, entered into on November 23, 1998, by ‘‘(D) SPECIAL RULE REGARDING ELIGIBILITY (1) in paragraph (4)(A), by striking ‘‘the the District of Columbia and leading United OF NONPROFIT CORPORATIONS.—In order to be same auditor)’’ and inserting ‘‘the same States tobacco product manufacturers.’’. eligible to receive a grant under this para- auditor, except as may be provided in para- (2) CONFORMING AMENDMENT.—The fourth graph, a nonprofit corporation must provide graph (5)); and sentence of section 446 of such Act (sec. 47– appropriate certification to the Mayor or to (2) by adding at the end the following new 304, D.C. Code) is amended by striking ‘‘and the committee described in subparagraph paragraph: (h)(3)’’ and inserting ‘‘(h)(3), and (i)(3)’’. (C)(iii) (as the case may be) that it is duly ‘‘(5) Notwithstanding paragraph (4)(A), an (b) WAIVER OF CONGRESSIONAL REVIEW PE- authorized by two or more public charter auditor who is a subcontractor to the auditor RIOD FOR TOBACCO SETTLEMENT FINANCING schools in the District of Columbia to act on who audited the financial statement and re- ACT.—Notwithstanding section 602(c)(1) of their behalf in obtaining financing (or in as- port described in paragraph (3)(H) for a fiscal the District of Columbia Home Rule Act (sec. sisting them in obtaining financing) to cover 1–233(c)(1), D.C. Code), the Tobacco Settle- year may audit the financial statement and the costs of activities described in subpara- ment Financing Act of 2000 (title XXXVII of report for any succeeding fiscal year (as ei- graph (E)(i). D.C. Act 13–375, as amended by section 8(e) of ther the prime auditor or as a subcontractor ‘‘(E) PURPOSES OF GRANTS.— D.C. Act 13–387) shall take effect on the date to another auditor) if— ‘‘(i) IN GENERAL.—The recipient of a grant of the enactment of such Act or the date of ‘‘(A) such subcontractor is not a signatory the enactment of this Act, whichever is under this paragraph shall use the funds pro- to the statement and report for the previous later. vided under the grant to carry out activities fiscal year; SEC. 161. Section 603(e) of the Student Loan to assist public charter schools in the Dis- ‘‘(B) the prime auditor reviewed and ap- Marketing Association Reorganization Act trict of Columbia in— proved the work of the subcontractor on the of 1996 (Public Law 104–208; 110 Stat. 3009– ‘‘(I) obtaining financing to acquire inter- statement and report for the previous fiscal 293), as amended by section 153 of the Dis- ests in real property (including by purchase, year; and trict of Columbia Appropriations Act, 2000, is lease, or donation), including financing to ‘‘(C) the subcontractor is not an employee amended— cover planning, development, and other inci- of the prime contractor or of an entity (1) by amending the second sentence of dental costs; owned, managed, or controlled by the prime paragraph (2)(B) to read as follows: ‘‘Of such ‘‘(II) obtaining financing for construction contractor.’’. amounts and proceeds, $5,000,000 shall be set of facilities or the renovation, repair, or al- (b) The amendment made by subsection (a) aside for a credit enhancement fund for pub- teration of existing property or facilities (in- shall apply with respect to financial state- lic charter schools in the District of Colum- cluding the purchase or replacement of fix- ments and reports for activities of the Dis- bia, to be administered and disbursed in ac- tures and equipment), including financing to trict of Columbia Government for fiscal cordance with paragraph (3).’’; and cover planning, development, and other inci- years beginning with fiscal year 2001. (2) by adding at the end the following new dental costs; and SEC. 165. Section 11201(g) of the National paragraph: ‘‘(III) enhancing the availability of loans Capital Revitalization and Self-Government ‘‘(3) CREDIT ENHANCEMENT FUND FOR PUBLIC (including mortgages) and bonds. Improvement Act of 1997 (D.C. Code, sec. 24– CHARTER SCHOOLS.— ‘‘(ii) NO DIRECT FUNDING FOR SCHOOLS.— 1201(g)) is amended by adding at the end the ‘‘(A) DISTRIBUTION OF AMOUNTS.—Of the Funds provided under a grant under this sub- following new paragraph: amounts in the credit enhancement fund es- paragraph may not be used by a recipient to ‘‘(6) MEADOWOOD FARM LAND EXCHANGE.— tablished under paragraph (2)(B)— make direct loans or grants to public charter ‘‘(A) IN GENERAL.—If, not later than Janu- ‘‘(i) 50 percent shall be used to make grants schools.’’. ary 15, 2001, Fairfax County, Virginia, agrees under subparagraph (B); and SEC. 162. (a) EXCLUSIVE AUTHORITY OF to convey fee simple title to the property on ‘‘(ii) 50 percent shall be used to make MAYOR.—Notwithstanding section 451 of the Mason Neck in excess of 800 acres depicted grants under subparagraph (C). District of Columbia Home Rule Act or any on the map dated June 2000, on file in the Of- ‘‘(B) GRANTS TO ELIGIBLE NONPROFIT COR- other provision of District of Columbia or fice of the Director of the Bureau of Land PORATIONS.— Federal law to the contrary, the Mayor of Management, Eastern States (hereafter in ‘‘(i) IN GENERAL.—Using the amounts de- the District of Columbia shall have the ex- this paragraph referred to as ‘Meadowood scribed in subparagraph (A)(i), not later than clusive authority to approve and execute Farm’) to the Secretary of the Interior, then 1 year after the date of the enactment of the leases of the Washington Marina and the the Administrator of General Services shall District of Columbia Appropriations Act, Washington municipal fish wharf with the agree to convey to Fairfax County, Virginia, 2001, the Mayor of the District of Columbia existing lessees thereof for an initial term of fee simple title to the property located at shall make and disburse grants to eligible 30 years, together with such other terms and the Lorton Correctional Complex north of nonprofit corporations to carry out the pur- conditions (including renewal options) as the Silverbrook Road, and consisting of more poses described in subparagraph (E). Mayor deems appropriate. than 200 acres identified in the Fairfax Coun- ‘‘(ii) ADMINISTRATION.—The Mayor shall ty Reuse Plan, dated July 26, 1999, as land administer the program of grants under this (b) DEFINITIONS.—In this section— available for residential development in subparagraph, except that if the committee (1) the term ‘‘Washington Marina’’ means Land Units 1 and 2 (hereafter in this para- described in subparagraph (C)(iii) is in oper- the portions of Federal property in the graph referred to as the ‘Laurel Hill Residen- ation and is fully functional prior to the date Southwest quadrant of the District of Co- tial Land’), the actual exchange to occur no the Mayor makes the grants, the Mayor may lumbia within Lot 848 in Square 473, the later than December 31, 2001. unassessed Federal real property adjacent to delegate the administration of the program ‘‘(B) TERMS AND CONDITIONS.—(i) When to the committee. Lot 848 in Square 473, and riparian rights ap- Fairfax County transfers fee simple title to purtenant thereto; and ‘‘(C) OTHER GRANTS.— Meadowood Farm to the Secretary of the In- (2) the term ‘‘Washington municipal fish ‘‘(i) IN GENERAL.—Using the amounts de- terior, the Administrator of General Services scribed in subparagraph (A)(ii), the Mayor of wharf’’ means the water frontage on the Po- shall simultaneously transfer to the County the District of Columbia shall make grants tomac River lying south of Water Street be- the Laurel Hill Residential Land. to entities to carry out the purposes de- tween 11th and 12th Streets, including the ‘‘(ii) The transfer of property to Fairfax scribed in subparagraph (E). buildings and wharves thereon. County, Virginia, under clause (i) shall be ‘‘(ii) PARTICIPATION OF SCHOOLS.—A public SEC. 163. Section 11201(g)(4)(A) of the Na- subject to such terms and conditions that charter school in the District of Columbia tional Capital Revitalization and Self-Gov- the Administrator of General Services con- may receive a grant under this subparagraph ernment Improvement Act of 1997 (D.C. Code, siders to be appropriate to protect the inter- to carry out the purposes described in sub- sec. 24–1201(g)(4)(A)) is amended— ests of the United States. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11915 ‘‘(iii) Any proceeds derived from the sale of Mr. Speaker, I withdraw my reserva- AUTHORIZING THE SPEAKER, MA- the Laurel Hill Residential Land by Fairfax tion of objection. JORITY LEADER, AND MINORITY County that exceed the County’s cost of ac- The SPEAKER pro tempore. Is there LEADER TO ACCEPT RESIGNA- quiring, financing (which shall be deemed a objection to the request of the gen- TIONS AND MAKE APPOINT- County cost from the time of financing of the Meadowood Farm acquisition to the re- tleman from Oklahoma? MENTS, NOTWITHSTANDING AD- ceipt of proceeds of the sale or sales of the There was no objection. JOURNMENT Laurel Hill Residential Land until such time f Mr. MCCOLLUM. Mr. Speaker, I ask as the proceeds of such sale or sales exceed unanimous consent that notwith- the acquisition and financing costs of COMMUNICATION FROM THE standing any adjournment of the House Meadowood Farm to the County), preparing, CLERK OF THE HOUSE and conveying Meadowood Farm and costs until Monday, December 4, 2000, the incurred for improving, preparing, and con- The SPEAKER pro tempore laid be- Speaker, majority leader and minority veying the Laurel Hill Residential Land fore the House the following commu- leader be authorized to accept resigna- shall be remitted to the United States and nication from the Clerk of the House of tions and to make appointments au- deposited into the special fund established Representatives: thorized by law or by the House. pursuant to paragraph (4)(A)(viii). OFFICE OF THE CLERK, The SPEAKER pro tempore. Is there ‘‘(C) MANAGEMENT OF PROPERTY.—The prop- HOUSE OF REPRESENTATIVES, objection to the request of the gen- erty transferred to the Secretary of the Inte- Washington, DC, November 14, 2000. tleman from Florida? rior under this section shall be managed by Hon. J. DENNIS HASTERT, There was no objection. the Bureau of Land Management for public The Speaker, House of Representatives, Wash- use and recreation purposes.’’. ington, DC. f SEC. 166. Section 158(b) of the District of DEAR MR. SPEAKER: Pursuant to the per- Columbia Appropriations Act, 2000 (Public DISPENSING WITH CALENDAR mission granted to Clause 2(h) of Rule II of WEDNESDAY BUSINESS ON Law 106–113; 113 Stat. 1527) is amended to the Rules of the U.S. House of Representa- read as follows: tives, the Clerk received the following mes- WEDNESDAY, DECEMBER 6, 2000 ‘‘(b) SOURCE OF FUNDS; TRANSFER.—An sage from the Secretary of the Senate on No- amount not to exceed $5,000,000 from the Na- Mr. MCCOLLUM. Mr. Speaker, I ask vember 14, 2000 at 1:35 p.m. unanimous consent that the business tional Highway System funds apportioned to That the Senate passed without amend- the District of Columbia under section 104 of in order under the Calendar Wednesday ment H.J. Res. 125 rule be dispensed with on Wednesday, title 23, United States Code, may be used for That the Senate passed without amend- purposes of carrying out the project under ment H. Con. Res. 442 December 6, 2000. subsection (a).’’. With best wishes, I am The SPEAKER pro tempore. Is there SEC. 167. The explanatory language con- Sincerely, objection to the request of the gen- tained in the Joint Explanatory Statement JEFF TRANDAHL, tleman from Florida? of the Committee of Conference for District Clerk of the House. of Columbia Appropriations contained in the There was no objection. Conference Report to accompany H.R. 4942 of f f the 106th Congress shall be considered to constitute a joint explanatory statement of ANNOUNCEMENT BY THE SPEAKER SPECIAL ORDERS a committee of conference for the provisions PRO TEMPORE The SPEAKER pro tempore. Under in this Act. References in this joint state- The SPEAKER pro tempore. Pursu- the Speaker’s announced policy of Jan- ment to the conference agreement mean the ant to clause 4 of rule I, the Speaker uary 6, 1999, and under a previous order provisions in this Act, references to the House bill mean the House passed version of signed the following enrolled bills and of the House, the following Members H.R. 4942, and references to the Senate bill joint resolution during the recess will be recognized for 5 minutes each. mean the Senate passed amendment to H.R. today: f 4942. H.R. 2346, to authorize the enforce- The SPEAKER pro tempore. Under a This Act may be cited as the ‘‘District of ment by State and local governments Columbia Appropriations Act, 2001’’. previous order of the House, the gen- of certain Federal Communications tleman from Oregon (Mr. DEFAZIO) is The SPEAKER pro tempore. Is there Commission regulations regarding use recognized for 5 minutes. objection to the request of the gen- of citizens band radio equipment. (Mr. DEFAZIO addressed the House. tleman from Oklahoma? H.R. 4986, to amend the Internal Rev- His remarks will appear hereafter in Mr. MORAN of Virginia. Mr. Speak- enue Code of 1986 to repeal the provi- the Extensions of Remarks.) er, reserving the right to object, I sions relating to foreign sales corpora- f would just like a statement from the tions (FSCs) and to exclude gentleman from Oklahoma (Chairman extraterritorial income from gross in- The SPEAKER pro tempore. Under a ISTOOK) to make it clear for the record come. previous order of the House, the gen- that there are no material changes to H.J. Res. 125, making further con- tleman from Washington (Mr. the bill as reported out by the continuing appropriations for the fiscal METCALF) is recognized for 5 minutes. ference in agreement with the Senate. year 2001, and for other purposes. (Mr. METCALF addressed the House. His remarks will appear hereafter in Mr. Speaker, I yield to the gentleman f if he wants to give those assurances. the Extensions of Remarks.) Mr. ISTOOK. Mr. Speaker, I thank APPOINTMENT OF HON. FRANK R. f the gentleman from Virginia for yield- WOLF TO ACT AS SPEAKER PRO ing to me. TEMPORE TO SIGN ENROLLED A TRIBUTE TO THE LATE DAVID This is identical to the conference re- BILLS AND JOINT RESOLUTIONS R. BROWER port on the original D.C. appropria- THROUGH DECEMBER 4, 2000 The SPEAKER pro tempore. Under a tions bill for fiscal year 2001, H.R. 4942, The SPEAKER pro tempore laid be- previous order of the House, the gentle- with one technical exception, that ex- fore the House the following commu- woman from California (Ms. LEE) is ception is simply adding a new section, nication from the Speaker: recognized for 5 minutes. section 167 that makes the joint ex- Ms. LEE. Mr. Speaker, I rise this evening planatory statement in the conference WASHINGTON, DC, November 14, 2000. with deep respect, and with profound sadness report on H.R. 4942 to apply to this new I hereby appoint the Honorable FRANK R. in paying tribute to one of the greatest envi- bill. WOLF to act as Speaker pro tempore to sign ronmentalists of our time, Mr. David R. Mr. Speaker, that is the only dif- enrolled bills and joint resolutions through Brower, who passed away on Sunday, No- ference, and it is just a technical one December 4, 2000. vember 5, at his home in Berkeley, California. for the sake of a clear record. J. DENNIS HASTERT, Mr. Brower's distinguished career of dedica- Mr. MORAN of Virginia. Mr. Speak- Speaker of the House of Representatives. tion and commitment to the preservation of er, with that confirmation, I have no The SPEAKER pro tempore. Without our environment spanned more than fifty objection. I am glad to see this pass objection, the appointment is agreed years. with unanimous consent of both par- to. As a young man, Dave Brower fell in love ties. There was no objection. with our planet, which he called Earth Island. H11916 CONGRESSIONAL RECORD — HOUSE November 14, 2000 He served as the executive director of the Mr. MCCOLLUM. Mr. Speaker, I rise us a Constitution with its checks and Sierra Club in 1952, and later, founded two today, because it is one of my last op- balances that make us like no other important environmental organizations, the portunities as a Member of this body to Nation. We have opportunities for ev- Friends of the Earth and the John Muir Insti- address my colleagues about whatever eryone. Equal opportunities, if you just tute for Environmental Studies. I might want to, and today I particu- take advantage of them. In addition, in 1982, he founded Earth Island larly want to say how much I have en- We are not perfect. Nobody is, but Institute, an organization that promotes protec- joyed my service as a messenger over when you look around the world, you tion and conservation of wilderness around the the last 20 years. What a great honor will see what a great Nation we have world. and privilege it has been to have been and what a great government we have. During his lifetime, he led hard fought fights a Member of this body. b 1745 to establish numerous national parks and sea- I made many friends. I fought many shores, including Point Reyes in northern Cali- battles on the floor of this House, and In our institutions, I think that bet- fornia, the Northern Cascades, and the Cali- I would like to believe that my service ter government, not bigger government fornia Redwoods. will be left as very constructive. We should rule the day; that when deci- Among these accomplishments, in the had lots of things that happened in my sions can be made at the local level of 1960's, Mr. Brower's activism was instru- tenure in serving the eighth district of government, that is where they should mental in preventing the construction of two Florida and prior to that, the fifth dis- be made: the city level, the county major dams in the Grand Canyon. trict; but we actually closed during level, the State level, the local school He was also successful in stopping plans to that period of time nearly 40,000 cases boards. Only as a last resort does build dams at the Green River in Utah that for constituents in casework; nearly Washington do it and only, of course, would have seriously altered the landscape of 400 high school interns came to Wash- under certain constitutional cir- the Dinosaur National Monument. ington, D.C. to meet the Members of cumstances. Furthermore, Mr. Brower played a crucial Congress, visit the House floor, attend I think that is the guiding principle role in the passage of the Wilderness Act of congressional hearings and tour his- that our Founding Fathers gave us, and 1964, which preserved millions of acres of toric monuments, memorials, under it is one that I hope we all will cherish public land so that its natural conditions will my intern program; 422 high school into the future. I believe that, in the remain for future generations to enjoy. students have received nominations nearer term, to make that more mean- Mr. Brower's strong conviction and foresight during those years for my office to the ingful for all of us, there are several did not come without personal sacrifice. Nation’s military academies; 199 have things that need to be done. I have to He took many hard stances for environ- received appointments; 15 senior in- leave that to my colleagues in the next mental protection that he believed would ben- terns participated in the Congressional Congress since I will not be here for efit humanity, sometimes against his col- Senior Intern Program to gain a first- that. leagues, and many times against govern- hand look at how our government One of those is, of course, principled mental agencies. And these sacrifices make works and to provide valuable opinions in the idea of choice. I happen to be- Mr. Brower truly heroic. on important issues; 8 High School lieve that choices should be maximized The death of Mr. Brower is a great loss to pages have participated in the Congres- for individuals. The government should our nation. I, along with Mr. Brower's imme- sional Page Program; 19 congressional be not making decisions for us, espe- diate family, friends, admirers and supporters, art competitions have led to 19 works cially in Washington, where we can feel this monumental loss. of high school art students hanging in make them for ourselves. Whether that But as we mourn his death, we also remem- the halls of this Congress. is in the realm of education, whether ber the legacy of hope and inspiration David I am proud of all of those. I am cer- that is in the realm of Medicare or So- left behind for us as a true leader in conserva- tainly proud of the staff work that has cial Security or whatever it is, the tion. been done both personal staff and com- more choices that we can give to peo- His passion for preserving our planet's re- mittee staff on my behalf and on the ple to make them themselves rather maining wilderness, our national parks, and behalf of my constituents in the Nation than government making those deci- seashores is a remarkable model of how one over these years. sions, rather than the government person can mobilize people's consciousness I can stand before you today and site being our parent, if you will, the better to change and to better our lives and our legislative accomplishments and spe- off we will all be. world. cifics; I am not going to do that. I look That is the same with local govern- I cannot fully express enough gratitude for ahead more than I look back. I always ment. I believe that we should, as a the contributions David Brower has made to have, and when one door closes another Congress and as a Nation, at the Fed- our society and to the viability of our planet, one opens. And I think that is what eral level delegate responsibility back but I can say that he literally changed the this Nation is about. to the States and the cities and the world for the better. It is our young people that is what it counties and let them make those deci- Mr. Speaker, I would like to extend my is about. It is about the next genera- sions with the legislation we have here deepest condolences to the late Mr. Brower's tion, that is why we all serve in public rather than making all the rules up ei- wife Anne, his four children Kenneth, Robert, life, that is why I served, that is what ther legislatively or administratively. Barbara, and John, his grandchildren, his I am most proud of. I am for less regulation, less rules, friends, and supporters throughout the world. The contributions each of us make as more openness and more opportunity To Mr. BrowerÐMay the Earth receive you we pass may be a small contribution for locals to make those decisions and with the love and compassion that you gave it, now, but that can grow much greater individuals to do it. and may God Bless You. later. And it is the duty, I think, of I think it is important in that same f every American to participate in the realm that we have tax simplification. The SPEAKER pro tempore. Under a electoral process and in the process of We talk a lot about tax reform. I have previous order of the House, the gen- governance. Sometimes it may be in since been here. I certainly do not be- tleman from Georgia (Mr. KINGSTON) is public office, sometimes it may be lieve we ought to have a tax on capital recognized for 5 minutes. being no more than voting, but I hope gains at all or double taxation on divi- (Mr. KINGSTON addressed the House. that most young people who come for- dends or a tax on earned interest. I cer- His remarks will appear hereafter in ward in the near term will participate tainly do not think that we should the Extensions of Remarks.) much more vigorously, getting in- have an estate or death tax or mar- f volved in elections, being participants riage penalty tax. It is important to rein their communities and community form those. ENJOYING SERVICE AS MEMBER activities and in many other ways. I think it is also important to have OF CONGRESS When they do so, I would like to be- across-the-board tax cuts where ulti- The SPEAKER pro tempore. Under a lieve that they will look at the next mately everyone makes choices and de- previous order of the House, the gen- few years as pivotal years. We are the cisions rather than targeted tax cuts tleman from Florida (Mr. MCCOLLUM) greatest free Nation in the history of where the government makes the is recognized for 5 minutes. the world. Our Founding Fathers gave choice only if one complies with this November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11917 rule or that rule. But in the long run, law. Our law calls for the electoral col- vassing Board, that is Volusia County the important part of tax reform is to lege to operate. But for that college to Canvassing Board, that where there is make it simpler. operate, there has to be a fair count not only confusion, as there clearly I would love to see a day, and I envi- and a fair vote in each State. That is was in this case, but also noncompli- sion one, where every American can fill why we must turn our eyes to the ance with statutory procedures. out their taxes, whatever it may be, be State of Florida where we will see a Then the court must provide redress, it income tax or sales tax or whatever, genuine contest. must adjust the election or allow for a on a single sheet of paper. That is One side in that contest is trying to new election if there is reasonable something that I would like to see. But seize power through political power, doubt as to whether the certified elec- as important as all of that is, I also be- chiefly through the power of the gover- tion expressed the will of voters and lieve that we have to rebuild our de- norship of Florida and the Secretary of when that doubt extends to who won fenses. I believe that they have been State of the State of Florida, two the election. built down way too far. elected officials, and is trying to ma- Well, there are more people in the The next big challenge for this Con- lign the rule of law or rather just ma- cloakroom some of the times than the gress, despite its differences, and it will lign the court system, which is pretty number of ballots that separates Mr. have them, will be how do we rebuild much the same thing. Bush from Mr. GORE in the vote in those defenses the right way, to rebuild See, one can be a football coach who Florida. There is no doubt that any morale that is at its lowest point in says I believe that football should be confusion in Palm Beach County could years and years. played by the rules, but first we have well have affected the result of the I urge my colleagues to do so, and I got to kick all the referees off the Presidency of the United States. There wish them well in making those deci- field. We all have been angry at a call is no doubt that the ballot was con- sions for our Nation’s future. by a referee. I have been in stadiums fusing. f where people yell ‘‘kill the ref.’’ I have Many on the day of the election be- never quite joined in such a statement. fore they realized how important it PERSONAL EXPLANATION But imagine what football would be would turn out to be started com- Mr. GREEN of Texas. Mr. Speaker, like if there were no referees or if there plaining about that confusion. There is yesterday, November 13, I was unavoid- was an attempt to go to someone paid no doubt that this ballot was in viola- ably detained in my district and missed by one of the teams and have them ar- tion of Florida law, not just that it was rollcall vote numbers 595 and 596. bitrate the disputes. confusing, not just a vague law of Flor- I would like the RECORD to reflect Now, our courts are not perfect. But ida that the ballot should be clear and that, had I been present, I would have they are far less political, let me tell unconfusing, but two very specific stat- voted no on both rollcall vote 595 and my colleagues, than those of us who utes. 596. are elected officials. The first Florida statute that is vio- f So I would hope that the courts of lated by this ballot is the one that re- Florida would ultimately and quickly quires that the names be on the left WHO WILL BECOME THE NEXT resolve the issues that are before us. and the holes be on the right for every PRESIDENT? Now, the main issue before us is how candidate for public office. Here, as we The SPEAKER pro tempore (Mr. the votes in the counties of Florida are see, some of the names are on the left PEASE). Under the Speaker’s an- going to be counted. But before we get and the holes are on the right and nounced policy of January 6, 1999, the there, I would like to focus a little bit sometimes the name is on the right gentleman from California (Mr. SHER- on the ballot in Palm Beach County, and the hole is on the left. MAN) is recognized for 60 minutes as the the famous butterfly ballot. Now when one looks at that Florida designee of the minority leader. Here is a picture of it. We have all statute, just reading through a statute Mr. SHERMAN. Mr. Speaker, I know seen it. It is confusing; 19,000 people book, its wisdom is not all that appar- that some of my colleagues have had to double punched on this ballot. Some of ent. The reason for complying with the rush back to their office. One or two of them had voted for Buchanan by mis- law may not be all that clear. But it is them will hopefully join me here if take and thought they could correct it by violating that law that the officials they are of like mind and join in this by punching a hole for GORE. Some of in Palm Beach County created the bal- discussion of what is the issue that is them saw two holes to the right of the lot that now has the whole world gripping America today; and that is Democratic candidate and thought watching Florida. the issue of who will become the next that, if they wanted to vote for GORE The second statute in Florida also re- President, but more important, wheth- and LIEBERMAN, they needed to punch quires that the first ranking on the er we can continue to have confidence both holes to the right. Some were sim- ballot, the first listing and the first in the democratic institutions of this ply confused by an array of arrows hole goes to the party that won the country. pointing in different directions, left last gubernatorial election in Florida. Now, let me deal with some of the ba- and right to a row of holes. That is the Republican Party. My col- sics first. The election last Tuesday Now, it is said that the voters could leagues will notice the Republican produced a very clear winner of the have known about this ballot by look- Party on this butterfly ballot has the popular vote. These were the results ing at their sample ballot. Well, with- first listing and the first hole. that were reported. My colleagues can out the holes, this ballot tells one The second listing and the second read the numbers here. But GORE re- nothing. A sample ballot comes in, the hole is supposed to go to the party that ceived almost a quarter of a million names all seem to be there, the people came in second in the last guber- votes more than Mr. Bush. Now, I say glance at it, and decide who to vote for natorial election. That is the Demo- a quarter million, because I know that and then show up on election day. To cratic Party. As my colleagues can see, the vast majority of ballots that have say that looking at the ballot without well, the Democratic Party does not yet to be counted even today are absen- the holes is the same as looking at it have the second hole; the Democratic tee ballots from the State of Cali- with the holes is simply absurd. Party has the third hole. Whether one fornia. But it is not enough that the ballot is views it as the second listing or the Mr. Speaker, I am from California. It confusing. In fact, I believe that there third listing depends upon whether one is my business to know how absentee is a Florida court decision that says has a tendency to go from left then ballots and particularly late absentee that, if a ballot is merely confusing, right or left column and then right col- ballots are likely to come in. I am con- the courts will not provide redress to umn. But one thing is very clear, this fident that when those California votes those who were confused. ballot does not award the second hole are tabulated, not only will Mr. GORE We are a Nation of the rule of law. to the Democratic Party. have a lead of over 200,000, but a lead of But the Florida courts were very clear Every voter in Florida had the right 250,000. when the Supreme Court of the State to a ballot with the names on the left But that is the popular vote, and we of Florida ruled 2 years ago, in and the holes on the right. Every voter are a Nation dedicated to the rule of Beckstrom versus Volusia County Can- in Florida had a right if they wanted to H11918 CONGRESSIONAL RECORD — HOUSE November 14, 2000 vote for the Republican Party to punch America fought, people fought and died quest of the Gore campaign or anybody the first hole; and if one wanted to vote for our democracy. We can wait an- associated with it, the counties of Flor- for the Democratic Party for any of- other week, even another 2 weeks, even ida did do a manual recount. That is up fice, punch the second hole. 3 weeks. to them. The Gore campaign requested Yet on this ballot, the second hole is In fact, there is no particular rush at only one recount in four of the 67 coun- for Pat Buchanan. That is why Pat Bu- all. Mr. Speaker, on January 6 at 1 p.m. ties. In the other counties, they said, chanan himself says that there are in this very room the electoral vote fine, go ahead, we will not even request quite a number of votes, hundreds or tallies from each of the 50 States and a recount. So the Gore campaign was perhaps thousands in Palm Beach the District of Columbia will be pre- in a position to request a recount in County alone, that were registered as sented at that desk, and they will be every county, but it requested only being for him but were not people who added up and tallied by the Senate and four. intended to vote for him. the House of Representatives assem- The Bush campaign did not request a So we are told that maybe there were bled in this room. On January 6. And if recount in any of those counties. But not that many people confused. Well, it takes Florida till about then to be that is not because, as they claim, they the number of people voting for Pat absolutely certain how its electoral are so dedicated to the machinery Buchanan in this county and in this college votes should be cast, in a way being more accurate, because many of particular precinct exceeded any imag- that reflects the majority of voters, us in this hall have been involved in inable count for Pat Buchanan, even what is more important, our own impa- elections and recounts and close elec- imaginable by him. But there were not tience or our dedication to honor those tions involving punched cards and we only the Pat Buchanan ballots, but who died to give us and to preserve for all know, as the Governor of Texas also those that were double-punched. us a democracy? knows, that the most accurate way to Now, in every election, there are peo- Now, in talking about a revote, do a recount of a punched card election ple who just skip an office, even the which might be necessary in Palm system is by hand, with people from Presidency. They go in, they say I do Beach, I am jumping the gun a little both parties examining the ballots. not like Nader, I do not like Bush, I do bit. None of the candidates for Presi- Now, why is that true? We live in an not know Gore, and I do not know who dent has called for such a revote be- age where machines are praised and the Workers World Party is; and I am cause the focus now is just to accu- people are chided. But in this case, the not going to vote for any of them, and rately count the votes in the 67 coun- invention of man, the machine, is not they skip it. I am not talking about ties of Florida. And here there has been nearly as great as the creation of God. people who completely skip the Presi- an attempt by one politically elected First of all, we are dealing with 1950s dency. I am talking about those who partisan officeholder to thwart an ac- technology here. This is no Internet voted twice due to a confusing ballot. curate count. That worries me. I am double-checked modem. This is a punch Now, in the 1996 election, far fewer talking about Katherine Harris, Sec- card. This is 1950s technology. And people voted twice. James Baker, retary of State of Florida, who is also these machines we are talking about, spokesman for the Bush campaign has co-chair of the Bush campaign in Flor- even if one votes properly, doing every- tried to argue that there were 14,000 ida. Unfortunately, she seems to be thing according to the instructions, people who voted twice in Palm Beach wearing her hat as co-chair of a cam- punch the hole hard and straight County 4 years ago. That is not just paign rather than as chief election offi- through the card, a chad can be left on fuzzy math, that is false math. See, cer, because I will review all of the ob- that card, sometimes partially at- that 14,000 figure is the sum of every- stacles that have been placed by the of- tached, sometimes hanging off the body in 1996 who just skipped the Presi- fice of the Florida Secretary of State back, sometimes hanging off the back dential race, did not like Dole, did not in the way of an accurate vote of Flor- and then, in handling it, it swings like Clinton, just skipped it, and those ida’s counties. back, so that the machine cannot de- I want to quote Ms. Harris on one who double-punched. termine. b point. Ms. Harris is quoted as saying 1800 just a few days ago, and I am reading As a matter of fact, the machine is In fact, the number who double- from the Palm Beach Post, November erratic. Take a ballot that has been punched last election was well less 14, that she would be passionately in- just slightly dimpled, run it through than half the number who double- terested in a Federal post in foreign af- the machine, and sometimes it counts punched in this election. This ballot fairs or the arts if the Governor of it, sometimes it does not. Take a ballot was not only confusing, it led to confu- Texas wins. To that end, according to where there is a swinging door chad on sion. this newspaper, she not only cam- the back. Sometimes the machine So what do we do about it? That paigned for Bush in Florida but had counts the ballot, sometimes not. needs to be determined, and it needs to gone to New Hampshire, where the as- James Baker has cried out for stand- be determined in the courts of Florida. sociated press reports that she had ards. Of course, the counties of Florida But when faced with a similar cir- been part of the ‘‘Freezin’ For a Reason have their standards, publish their cumstance, the courts have either or- Campaign’’ of Floridians flying to New standards, train their employees by the dered a new election or, and I do not Hampshire to campaign for Mr. Bush. standards, do that training in front of recommend this approach at all, but Now, I think it is just fine to cam- a cable television camera, for those Florida courts have done it, they have paign for someone to be President. I who are glued to their sets, and we just statistically, quote, ‘‘corrected the did. But my fear is that her self-con- know what those standards are. In fact, ballot count.’’ I do not think that is fessed and announced passion for a po- we can argue about those standards. I the way for the courts of Florida to go sition in the Bush administration is believe the Gore campaign argues in in something as important as the Pres- clouding her ability to carry out the favor of counting a dimpled ballot and idency. prime responsibility of a State’s chief the people in Palm Beach, Florida may So I do not know whether the people election officer, and that is the accu- not be counting a dimpled ballot, that of Palm Beach County will have their rate and fair conduct of elections. Pas- is to say one where there is an impres- right to vote trampled upon by an ille- sion for winning a post in the Federal sion but no perforation. Well, we gal, as well as confusing, ballot and a Government should not control the de- should know what the standards are, refusal of the Florida courts to grant a cision-making process, but I fear it we ought to try to agree on those revote. I know that that issue will not has. standards, and we ought to make sure be reached for a while. But before we It is pretty well acknowledged that a that every challenged ballot is counted allow our impatience with this process manual vote is the right way to do a according to standards. to govern its outcome, let us remember recount. Let me put to rest some of the What standards does the machine how many Americans have died for the mistaken beliefs. First, it is said, oh, have? Sometimes dimpled ballot, yes; right to vote, not just in the suffrag- this is the second recount, the third re- sometimes not. Sometimes swinging ette movement, not just in the Civil count, the tenth recount. Not true. door chad; sometimes not. The ma- Rights movement; but in every war Under Florida law, and not at the re- chine is not talking. The engineers who November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11919 made that machine are deep into re- for the right of America to have a de- Now, first they went to Federal tirement, and they are not talking ei- mocracy, for his right and our right to court. They attacked and vilified ther. Counting these cards by machine vote, and his vote is going to be ig- courts. They have particularly at- may be fast, but it is not the most ac- nored by this supposed precision ma- tacked and vilified the Federal courts, curate system. chine because, well, the ballot has a those on the Republican side, often Now, it is not enough for me to ex- crease in it. from this Chamber. They ran to Fed- plain this, because the Governor of I cannot believe that the Governor of eral court, not for the purpose of seek- Texas already made his decision. In Texas would want to dishonor the oval ing a more accurate count but for the 1997, he signed into law a Texas stat- office by sitting there only because purpose of demanding a less accurate ute, he signed it with his own pen, a creased ballots are not counted. I can- count. And the Federal court turned new clearer statute for the State of not imagine that someone would want them down, and they turned around Texas. What does it say? A manual re- to be President in denigration of the and they appealed to the 11th Circuit, a count shall be conducted in preference votes of a majority of the States with very Republican, very conservative to an electronic recount. What does a majority of the electoral college Federal court, and I am confident that that mean? It means in Texas, if there votes. I understand he wants to be they will be turned down there as well. are two candidates and both want a re- President, and it is his right to be Because not only should a court not count, the candidate who wants a ma- President if he does not have a major- interfere to provide for a less accurate chine recount only has to post a bond ity of the popular vote nationwide. But voting system but certainly the Fed- from which the fee may be taken, he if he does not have a majority in States eral courts should not interfere in what may not get back his bond, his money, representing a majority of the elec- under our Constitution is very clearly of $18 a precinct. Another candidate, toral college, then he dishonors the a State matter. more interested in accuracy, has to pay Presidency by demanding it; and he Then they went to the Secretary of $30 a precinct as his or her bond. places his own desire for power above State and demanded a 5 p.m. deadline. And what if two candidates both patriotism when he does everything Why? To make sure that in Volusia want a recount? The candidate who possible to get a woman who is passion- County they had to stay up all night to wants a manual recount is preferred; ately dedicated to holding office in his do the manual recount and make the that is to say, not necessarily to win administration to deny the most accu- deadline so then James Baker could go the election, but the request for a man- rate vote count. on TV and say, ‘‘These human beings, ual recount has preference under the you can’t trust them, they were tired.’’ b 1815 law of the State of Texas. Why? Be- Why were they tired? Because your cause George W. Bush, when he signed Now, Mr. Speaker, I do want to deal person is imposing an unreasonable re- this law, knew full well that a manual with some of the other more extra- count deadline, particularly unreason- recount, while it may be a little more neous issues that have come up, but able given the fact that Florida will expensive, and by God I think the Pres- first I want to deal with one more as- not finish counting the absentee bal- idency is worth $30 a precinct, while a pect of the argument as to what is the lots from overseas until 5 p.m. Friday. manual recount may be a little more best type of count, the most accurate So there is no speed-up here of when expensive and time consuming, it has count. You see, Mr. Speaker, we serve Florida will finish its vote tally. The preference because it is more accurate. here in the United States Congress, and sole purpose is not speed. The sole pur- So why does James Baker tell us to four Republican candidates, let me re- pose is inaccuracy. And they hope to use machines? He tells us that Texas peat that, four Republican candidates achieve it. has standards and Florida does not. for Congress have demanded and ob- So then a court in Florida took a Well, first, Florida does have stand- tained manual recounts. They were Re- look at it and said, okay, all the coun- ards. They simply vary from county to publicans, they wanted to sit in these ties can report their results by 5 p.m. county. But the Palm Beach standards chairs, and they got manual recounts. today, and then they can go back and are as good as the Texas standards, the By God, if filling one of these chairs do a manual recount should they de- Broward standards are as good as the is worthy of a manual recount, then sire, and if they are dedicated to de- Texas standards. But if James Baker certainly filling the chair in the Oval mocracy they will, and then report was not trying to obstruct an accurate Office is worthy of a manual recount. that as a supplemental report. It will recount, if he was hoping to have the You see, when JOHN ENSIGN wanted to then be up to Ms. Harris to decide votes counted accurately, he would not sit in the United States Senate in 1998, whether her passion for a Federal office be blocking a manual recount, he we gave him a manual recount, or the exceeds her dedication to an accurate would be aiding it. State of Nevada gave him a manual revote count, because then she will be And how could he aid it? Let us read, count. Bob Dornan got more than one confronted with whether to ignore this please show us, because no one has seen manual recount. Peter Torkildsen, in report or whether to record it. But if them, those supposedly in existence 1996, demanded and got a manual re- she arbitrarily and in passion for Fed- Texas standards for dealing with these count. And, finally, Rick McIntyre in eral office decides to ignore an accu- punch cards, which they also use in 1994, Republican candidate, got a man- rate count, I am confident that the Texas. Do they count dimpled ballots ual recount, and throughout that proc- courts of Florida will order her to do in Texas? I do not know, but I would ess his cause was passionately advo- the right thing. This election is too im- like to know. And frankly, if James cated by then Congressman Dick Che- portant to be decided by Ms. Harris’ in- Baker, if George W. Bush can provide ney. So Dick Cheney thinks that a terest in a position in the arts or in us with better standards, let us see manual recount is appropriate in fill- foreign affairs in the Federal Govern- them. But they have no interest in im- ing a seat in this hall. George Bush ment. proving the accuracy of a manual signs a law in his own State saying There is one other point I want to count. They want to block a manual that a manual recount has preference make, and, that is, we are told that we count. whether you are filling the governor- should ignore the problems in Palm They refer to these machines as pre- ship of Texas or the lowest county Beach County because the press said cision machines. These are machines clerk in the smallest county, lowest or some things they should not have said that jam if the ballot is bent a little smallest county clerk in the smallest at around 20 minutes before the polls bit. The card is bent a little bit. They county. But somehow obstacles are closed in the Florida panhandle. Keep deride human beings as in error, even placed. But I think ultimately these in mind, a decade or two ago, the press teams of three human beings working obstacles will be ineffective because ul- would routinely report all through the carefully with the TV cameras. They timately the side of democracy will day their exit polls and they would call deride that as being faulty and praise a prevail, and the same divine providence States in the 1970s and the 1980s, they machine that cannot read a bent bal- that has given us a democracy for would call them just as soon as they lot, that would disqualify and dis- these 200 years and many more will could, whether the polls had closed in enfranchise one of our senior citizens make sure that we have democracy in part of a State or none of the State or who fought on Normandy or Iwo Jima this election. all of the State. H11920 CONGRESSIONAL RECORD — HOUSE November 14, 2000 I am not prepared to throw out all istered voters went to the polls. Inter- ing that the Secretary of State’s deci- the elections in the 1970s and 1980s just estingly enough, Vice President GORE sion was arbitrary in the first place not because the press did not have the good is now at this juncture the leader in to allow the recount to occur. ethics which they have tried unsuccess- the popular vote and, of course, the This is not a decision from the top fully to adopt for this election. But if electoral count, even though we realize down. This is a decision or a desire we are going to start equating illegal that Florida is still in play. Now, I re- from the bottom up. The people of ballots on the one hand to false press spect all of the local officials that we Palm Beach County and other counties reports on the other, I would ask ev- have come to know in Florida, the desire to have a manual recount. Yes, eryone to just make a mental checklist local canvassing committees, the suit was asked for officially within the of how many false press reports we perintendent of elections. Each and time frame by the Gore camp but have had prior to the election, after every one of them has made their best rightfully so in light of those who had the election. Are we going to disqualify effort. And like my colleague from argued that they were sorely confused the election just because at least to my California, I acknowledge that there when they went in and saw a ballot way of thinking the press misreported were counts or calls being made before that had the areas to poke in con- the economic effect of Bush’s Social the eastern time zone of Florida, the tradiction to the memo that was sent Security plan? The press has a con- panhandle area, was able to vote. But out that all of those holes that should stitutional right under the first amend- we know that they voted. Hopefully be pointed should have been to the ment to say what it wants, when it they voted. And I agree that the kind right as opposed to some to the left. wants, where it wants. And the fact of calling of numbers should be consid- So what we have at hand is an oppor- that they violated their own internal ered when we do not want to disenfran- tunity to have the Presidency earned rules, adopted by some of them and not chise voters. But might I say that the and not handed to one candidate over by others apparently, is no reason to calling, the original call for GORE was another. You can be assured that the throw out an election any more than based upon exit polling. People went history of this Nation, some 400 years the many times when the press vio- out of the polls thinking, particularly strong, will be a history that will war- lated its own rules of ethics by shifting in Palm Beach County, that they had rant and will bring about a unified Na- a little bit this way or a little bit that voted for the Vice President. tion that will rally around the ulti- way in a news report that should have Now, I went to Nashville, obviously mate winner of this Presidential elec- been straight down the middle. after we had concluded our work in tion. I see that I have been joined by the Texas, and let me congratulate the Why are we fearful? Why are we gentlewoman from Texas. Before I elected officials in Texas and all the frightened? Why are we hesitant to yield to her, I will ask how much time workers in Texas because we certainly know the actual winner? Why do we I have remaining. worked very hard and we worked in disallow the State of Florida, which is The SPEAKER pro tempore (Mr. agreement and disagreement, meaning in play, and someone has said to the VITTER). The gentleman has 26 minutes that there were those who went and distinguished gentleman from Cali- remaining. voted strongly for Governor Bush and fornia, well, we have got troubles in Mr. SHERMAN. With that, I yield to those who voted for Vice President Iowa and troubles in Wisconsin and the gentlewoman from Texas. GORE, and we accept our differences troubles in Illinois and troubles in New Ms. JACKSON-LEE of Texas. I thank and realize that this is democracy. Mexico. If the people speak in those re- the distinguished gentleman from Cali- I went on to Nashville after they had spective States, we will listen. But in fornia for yielding. He has always been called Florida for the Vice President. the State of Florida, Florida is the key so articulate on issues dealing with Let me make it perfectly clear, the State that deals with whether or not taxation, and I am delighted that he Vice President was in no way eager to either of the gentlemen will be the has begun an explanation to the Amer- delay or to not respect the fact that next President of the United States. ican people that is really, I believe, a this may have been a win for the Gov- That is the 25 electoral votes that are key to understanding where we are on ernor of the State of Texas. It was now in question. And it is the people of this day. This is Tuesday. It is now 7 those individuals who were keeping that State who have argued that they days past the November 7 election that watch that encouraged the Vice Presi- were confused and that a series of vio- was held. I have several points that I dent to hold his decision to move for- lations thwarted their being able to would like to make clear. First of all, ward with a concession speech because fully and justly vote their conscience. let us all acknowledge that we hold all had not been counted. This is not an b dear the right to elect the single can- instance where one man is grabbing 1830 didate or the single person that rep- power to create disarray in this coun- If you have people coming out of the resents all of the people of the United try. And it is important to note that polls saying, I thought I had voted for States. The House of Representatives is there is no constitutional crisis. In Gore, but now I believe I voted for a people’s House. We represent our re- fact, the transfer of power does not someone else, and this State is a State spective congressional districts. The occur until January 20, 2001. In fact, that will put whatever candidate it is United States Senate has two Senators December 18 is more than 3 to 4 weeks over the top to make that person the per State. But when it comes to the away. President of all of the Nation, with 105 person that represents all Americans, So what do we need to do in this pe- million voters of all walks of life, and it is in fact the President of the United riod that we have? We need to allow the controversy in Florida being rep- States. Secondarily, we are a country Volusia County, Palm Beach County, resentative of people from all walks of that is guided by laws. We are governed Miami-Dade County I understand is life, this is not a black or white issue, by law, and we accept the governance proceeding with a recount, and I be- or Hispanic or white issue, or any kind of law as men and women under the lieve Broward County is reconsidering. of issue, other than an American issue laws and the flag of the United States We need to have the kind of manual re- and a voters issue. of America. So we are not a country so count that the 1997 law that Governor I recall that in some of our early his- much run by people, and when I say Bush signed into law for the State of tories, we were not all counted as vot- that, run by the whims that one group Texas brings about. And I think the de- ers. Non-property owners were not may have over another. We have laws cision that Judge Lewis rendered today counted as voters. African Americans that may govern decisions that are should be emphasized, and that is that in the early census were three-fifths of made. And the people concede to the the court held that the Secretary of a person and certainly not counted as a laws, and the people express their State cannot arbitrarily declare that voter. Women were not allowed to vote. voices about the laws or political she will not permit votes to be counted We have a new America today, and I choices through the vote. that are received after 5 p.m. but that believe that this is a rush to judgment, Now, in a newspaper article that was she must receive and be prepared to and I hope we present our case where it dated on Thursday, November 9, we consider vote counts that are reported is not being personalized. It may be find that 105 million voters set a record after that time. That was the principal that I am a Democrat and someone else turnout. Some 76 percent of the reg- objective of all of those who were argu- is a Republican, but I can assure those November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11921 who might listen that if these issues points do not get offered because it ap- know how many of them are paid, but were in the forefront of the Bush camp, pears, of course, that the voices that I know in my community they are vol- they would be pursued as vigorously by speak are only partisan. unteers, that if by chance Friday night their constituency base as others. As a member of the Committee on they are not finished and Saturday I also note that I do not think any of the Judiciary, I can assure you that, evening they are not finished, that us, I would say to the gentleman from obviously, we may be looking at these there be some opportunity for this to California (Mr. SHERMAN), I do not issues, these sort of issues that have be followed through. think any of us have rejected any call been brought to our attention maybe I thank the gentleman very much for for recounts by Governor Bush. I have for months and months to come. That allowing me the opportunity to join not heard anyone say that they did not certainly will not be the time frame him in what I think should be an expla- want it or we would stand in the way of that the Presidency will be extended or nation that is a sincere explanation for it. I think whatever the rules are of the the question of who will be President, the betterment of this country. State of Florida, he has every right to but I just do not want us to give short Mr. SHERMAN. I thank the gentle- call for such. shrift to some of the important issues woman. I appreciate the comments of Mr. SHERMAN. If I can interject that have been raised. the gentlewoman from Texas and the here, the Governor of Texas had, for I do want to note that a large number wisdom she brings us from her service most counties, 72 hours. If he was dedi- of Voting Rights Act violations have on the Committee on the Judiciary. cated to an accurate count, he could been cited that will have to be ad- I want to expand on one thing the have in all the counties or some of the dressed. That is why we have the Vot- gentlewoman pointed out, and that is counties, he could have asked for a ing Rights Act of 1965. The lack of bi- the perception that someone who hap- manual recount. He knew a manual re- lingual individuals at the poll, the fact pens to want an appointment in the count was the more accurate way to do that minority voters were being Bush administration, and says so to it. He signed the law for the State of stopped in certain polling places, first- the press, and who chairs his campaign Texas, your State, that says that that time voters who sent in voter registra- in Florida, would be making these deci- is the preferred method of a recount. tion forms prior to the State’s deadline sions. The ultimate decision should be But they were so dedicated to using for registration were denied the right made by the courts. political push to try to shame anybody to vote because their registration Now, they are not perfect either; but into asking, to try to use this political forms had not been processed, not their I have spent the last several years in spin to prevent an accurate count, that fault. Citizens properly registered were partisan politics, and to leave this in they themselves allowed the deadline denied to vote because election offi- the hands of a partisan politician is a to go by and did not ask for a recount cials could not find their names. These big mistake. Instead, the courts of the by hand in any of the counties of Flor- are very large issues in a Presidential State of Florida should carefully re- ida. Then they complain that right now election. view the discretion of the Secretary of there are only four counties of Florida I am looking at several pieces of leg- State and make sure that she does not planning to do a manual recount. It is islation, one to study the impact of the act in a capricious or arbitrary man- as a direct result of their decision, electoral college. I know there is exist- ner. which they had plenty of time to con- ing legislation to eliminate it. I do not Now, I want to refocus our attention sider, not to ask for a recount by hand. know if we can make these immediate on the ballot in Palm Beach County But I would say that neither you nor judgment calls right now; but, again, and remind the House that in 1998 the I nor the Vice President have said that let me emphasize that the Vice Presi- Florida Supreme Court ruled in we would oppose a manual recount in dent is the beneficiary of the votes of Beckstrom versus Volusia County Can- any county in Florida, notwith- large numbers of Americans. 105 mil- vassing Board that if the court finds standing the point that, on the one lion came out to vote. So his efforts, I substantial noncompliance with statu- hand, Governor Bush wants to have his would hope, would be more focused or tory election procedures and makes a cake by being able to pound the table be perceived to be focused, as I believe factual determination that a reason- and try to use political spin to prevent they are, on getting an accurate and able doubt exists as to whether a cer- an accurate recount; and then he fair count for a position as important tified election expresses the will of the might, we hope, change his mind and as the Presidency of the United States. voters, then the court is to void the ask for an accurate recount in some of With the Voter Rights Act violations contested election, even in the absence the counties that he is concerned with. in play, with the whole idea of the peo- of fraud or intentional wrongdoing. I do not think I would oppose it, and I ple themselves wanting to have a re- I do not allege any fraud or inten- do not think you would oppose it. count, Palm Beach County in par- tional wrongdoing in Palm Beach, Ms. JACKSON-LEE of Texas. If I ticular, with 19,000 ballots being Florida, but the court decision of the might do so in order to close on the thrown out in a county smaller than Supreme Court of Florida is clear: sub- comment I made, and I thank the gen- my county in Harris County, which stantial noncompliance with the statu- tleman for his kindness, in fact it has only had 6,000. We had 995,000 voters, tory election procedures. This ballot been brought to my attention that Mr. 6,000 discarded ballots as I understand violates those two Florida statutes, for Baker had indicated that hand counts it, and in that county in Palm Beach, example, the one that requires the have only occurred in Democratic pre- 19,000, with people saying I thought I name on the left and the hole to be on cincts. It has come to my attention had voted for Mr. Gore, and as well the right. that seven counties have done some with the ballot irregularity that I But the real confusion caused by this form of hand counts, and Bush has car- think my colleague will speak about in ballot became apparent on election ried six of those counties. They did the continuation of this discussion, I day. The Washington Post reported that on their own. can only say that what we should be last Saturday that by mid-morning of Mr. SHERMAN. Exactly. In Seminole doing is applauding what is happening election day, voters were calling coun- County, for example, there was a hand in the State of Florida to the extent ty commissioners, State legislators recount that provided Bush with an ad- that there is such diligence to ensure and other elected officials to complain ditional 90-some votes. He is claiming that there is a fair and accurate count. about the confusing butterfly ballot the Presidency; he wants it awarded to I would ask the Secretary of State, and request that something be done. him immediately on the basis of a lead duly obligated to the people of the By mid-afternoon, local radio talk of about 300 votes. Over 100 of those State of Florida, to lay aside any de- shows were bombarded with calls by come from the hand count in just one sires for partisanship that may be people complaining about the ballot. county where he can say he did not ask viewed necessary at this time, and to Then a hastily written memo late in for it, but he wants the votes from it. allow the people that she represents to the afternoon was distributed from the Ms. JACKSON-LEE of Texas. It oc- carry forth with the manual recount county supervisor of elections to the curred. I think that point is very im- that is now going on. various polling places, but they arrived portant. Of course, when you get sort I would also ask her discretion in after the vast majority of voters had of global news reporting, those finite bearing with these unpaid, I do not already voted. H11922 CONGRESSIONAL RECORD — HOUSE November 14, 2000 Those who want to say that the com- that said the human being outranks OMISSION FROM THE CONGRES- plaints about this ballot began only the machine. SIONAL RECORD OF FRIDAY, NO- when the pivotal nature of the vote in He instead had to talk about stand- VEMBER 3, 2000 Palm Beach County was apparent to ards. He has not shown us the stand- THE FOLLOWING RESOLUTIONS APPROVED BY the world are wrong. The protest began THE COMMITTEE ON TRANSPORTATION AND IN- ards in Texas; but what is worse, he has on election morning, when the first FRASTRUCTURE WERE INADVERTENTLY OMIT- voters left the polls confused by this not suggested particular standards to TED ballot, this illegal ballot. any county in Florida. If James Baker CONGRESS OF THE UNITED STATES, Now, for example, you had one indi- has good standards, if George W. Bush HOUSE OF REPRESENTATIVES, COM- vidual, Kurt Wise, who is president of has good standards, if somewhere in MITTEE ON TRANSPORTATION AND the United Civic Organization at the the deep bowels of the bureaucracy of INFRASTRUCTURE, Washington, DC, October 5, 2000. Century Village Retirement Commu- Texas there are standards that could be nity, who said elderly voters confusion Hon. J. DENNIS HASTERT, helpful in providing the best possible Speaker, House of Representatives, with the butterfly ballot was brought manual recount, we ought to see them. Washington, DC. to his attention. People were crying. DEAR SPEAKER HASTERT: On Wednesday, They were coming to us asking ques- Instead, we are told that the ma- September 27, 2000, the committee on Trans- tions. The ballot form was lousy. They chines are better than the human portation and Infrastructure, pursuant to 40 did not even know who they had voted being. A machine that would take the U.S.C. § 606, approved twenty-two resolutions for. ballot of a veteran of World War II and concerning GSA’s FY 2001 Capital Invest- ment Program. That is the report of the Washington disenfranchise that veteran because Please find enclosed copies of these resolu- Post from last Saturday. Tears the there was a crease in the ballot, that is tions. very morning of the election, not the not a machine that should determine With warm regards, I remain morning after. Sincerely, the Presidency of the United States. Then when some elderly voters be- BUD SHUSTER, came aware that the ballot had caused Chairman. them to make a mistake, they were not b 1845 Enclosures. given a second ballot, as is their right COMMITTEE RESOLUTION: AMENDMENT— So to sum up, Mr. Speaker, we have UNITED STATES COURTHOUSE, LAREDO, TEXAS under Florida law if they turn in their a misleading ballot in one county that Resolved by the Committee on Transportation damaged ballot. Bernard Holtzer, a re- and Infrastructure of the U.S. House of Rep- tirement community inhabitant, said was illegal and under Florida law should lead to a new election in that resentatives, that pursuant to Section 7 of the that after he unintentionally voted for Public Buildings Act of 1959, (40 U.S.C. § 606), Pat Buchannan, and after looking at county. We have a recount that should appropriations are authorized for the con- this ballot you can see how he would ultimately, under the laws of the State struction of a 147,196 gross square foot make that mistake, a clerk refused his of Florida, lead to being the tally of United States courthouse, including 34 inte- request for a second ballot. ‘‘I told the manual recounts in the 40 counties in rior parking spaces, located in Laredo, clerk I made a boo-boo and that I want- Texas, at an additional construction cost of which those manual recounts were duly $9,000,000, for an estimated construction cost ed a new ballot, and she told me there applied for, and if Mr. Bush wants to of $34,372,000 for a combined total cost of was nothing I could do about it.’’ That announce to the world that he is sud- $45,531,000, a modified prospectus for which is was the New York Times, reporting denly in favor of manual recounts, then attached to, and included in, this resolution. last Saturday. This resolution amends Committee resolu- Then there were the poll workers I do not see anyone who would oppose tion dated February 5, 1992, which authorized who were told not to help voters with him if he tried to get a manual recount appropriations in the amount of $20,390,000 the problem, or any problem. They in some of those other counties. I for site acquisition and construction; Com- would point out, though, that I think mittee resolution dated May 13, 1993, which were under strict instructions to turn authorized appropriations in the amount of away voters who came to them with James Baker would have a tough time $3,793,000 for site acquisition and design; questions. Louise Austin, a precinct being his spokesperson on that issue. Committee resolution dated May 17, 1994, worker in Bolston Beach, said after Speaking of Mr. Baker’s acting as which authorized appropriations in the getting beseeched by questions, she and amount of $24,341,000 for management and in- spokesperson, there is one small aspect other workers turned the voters away spection costs, and the estimated construc- who were seeking assistance. ‘‘People of this I really want to focus on, and tion costs; and Committee resolution dated were coming up to me, and I had to fol- that is the tendency of those on the July 23, 1998 which authorized appropriations Bush side to insult the parents of the for additional site costs of $500,000, addi- low the directive, do not help anyone, tional management and inspection costs of do not talk to anyone.’’ That is the re- campaign chairman on the Gore side. $2,233,000 and an estimated construction cost port of the New York Times from last We have many heated debates here in of $25,372,000. Saturday. the House, but I have never insulted Provided, That the construction of this So we see that there were a lot of the father of any Member, and I never project does not exceed construction bench- problems in Palm Beach; a confusing marks as established by the General Services thought that even if the father of a Administration. ballot, a ballot in violation of Florida Member of this House had done some- statute, and a Florida Supreme Court thing erroneous or wrong, that that COMMITTEE RESOLUTION: LEASE—INTERNAL decision from 2 years ago that makes it would be a reason to discard and dis- REVENUE SERVICE, FRESNO, CA clear that, under these circumstances, count what that Member had to say. So Resolved by the Committee on Transportation a new vote in Palm Beach is called for. and Infrastructure of the U.S. House of Rep- But before we get to whether there is why is it that James Baker finds it resentatives, That pursuant to section 7 of the a new vote in Palm Beach, we have to necessary to insult Bill Daley by in- Public Buildings Act of 1959, (40 U.S.C. § 606), get an accurate count of the votes cast sulting his father, as if insulting a appropriations are authorized to lease up to on election day, and that is why I am man’s father proves the rightness of approximately 531,976 rentable square feet of so disappointed and saddened that the space for the Internal Revenue Service cur- one’s case. If the best debater they rently located at 5045 E. Butler, Fresno, CA, Governor of Texas is trying so hard to have, James Baker, has nothing to say at a proposed total annual cost of $9,841,556 prevent an accurate count. but ‘‘so is your old man’’, then they for a lease term of ten years, a prospectus for Again, let me turn to the statute he have run out of things to say on the which is attached to and included in this res- signed into law in Texas. A manual re- Republican side. olution. count shall be conducted in preference Approval of this prospectus constitutes au- to an electronic recount. When con- With that, Mr. Speaker, I am hopeful thority to execute an interim lease for all fronted by this, James Baker had to that democracy will prevail in this tenants, if necessary, prior to execution of the new lease. stop talking about precision machines, country. Provided, That the General Services Ad- because the machines in Florida and ministration shall not delegate to any other those in Texas are identical, and in agency the authority granted by this resolu- Texas Governor Bush signed the law tion. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11923

COMMITTEE RESOLUTION: LEASE—FEDERAL resentatives, That pursuant to section 7 of the tenants, if necessary, prior to execution of EMERGENCY MANAGEMENT AGENCY, WASH- Public Buildings Act of 1959, (40 U.S.C. § 606), the new lease. INGTON, DC appropriations are authorized to lease up to Provided, That the General Services Ad- Resolved by the Committee on Transportation approximately 95,569 rentable square feet of ministration shall not delegate to any other and Infrastructure of the U.S. House of Rep- space for the Department of Housing and agency the authority granted by this resolu- resentatives, That pursuant to section 7 of the Urban Development, currently located at 470/ tion. Public Buildings Act of 1959, (40 U.S.C. § 606), 490 L’Enfant Plaza, SW, Washington D.C. at appropriations are authorized to lease up to a proposed total annual cost of $4,013,898 for COMMITTEE RESOLUTION: LEASE AMENDMENT— approximately 339,247 rentable square feet of a lease term of ten years, a prospectus for INTERNAL REVENUE SERVICE, PHILADELPHIA, space and 12 parking spaces for the Federal which is attached to and included in this res- PA Emergency Management Agency, currently olution. Resolved by the Committee on Transportation located at 500 C Street SW, Washington, D.C. Approval of this prospectus constitutes au- and Infrastructure of the U.S. House of Rep- at a proposed total annual cost of $14,248,374 thority to execute an interim lease for all resentatives, That pursuant to section 7 of the for a lease term of ten years, a prospectus for tenants, if necessary, prior to execution of Public Buildings Act of 1959, (40 U.S.C. § 606), which is attached to and included in this res- the new lease. appropriations are authorized to lease up to olution. Provided, That the General Services Ad- approximately 452,262 rentable square feet of Approval of this prospectus constitutes au- ministration shall not delegate to any other space for the Internal Revenue Service cur- thority to execute an interim lease for all agency the authority granted by this resolu- rently located at 11601 Roosevelt Blvd, Phila- tenants, if necessary, prior to execution of tion. delphia, Pennsylvania at a proposed total an- the new lease. The General Services Admin- nual cost of $5,776,341 for a lease term of ten istration is authorized to enter into an in- COMMITTEE RESOLUTION: LEASE—SOCIAL years, a prospectus for which is attached to terim lease, pending award of a lease author- SECURITY ADMINISTRATION, WOODLAWN, MD and included in this resolution. This resolu- ized by this resolution, provided that the Resolved by the Committee on Transportation tion amends the Committee resolution of No- term of any such interim lease may not ex- and Infrastructure of the U.S. House of Rep- vember 10, 1999, which authorized a lease for ceed 8 years in length, inclusive of options. resentatives, That pursuant to section 7 of the up to 452,262 rentable square feet of space at Provided, That the General Services Ad- Public Buildings Act of 1959, (40 U.S.C. § 606), an estimated maximum annual cost of ministration shall not delegate to any other appropriations are authorized to lease up to $6,726,312 for five years. Approval of this prospectus constitutes au- agency the authority granted by this resolu- approximately 824,563 rentable square feet of thority to executive an interim lease for all tion. space and 2,132 surface parking spaces for the tenants, if necessary, prior to execution of Social Security Administration, currently COMMITTEE RESOLUTION: LEASE— the new lease. located at 1500 Woodlawn Drive, Woodlawn, DEPARTMENT OF JUSTICE, WASHINGTON, DC Provided, That the General Services Ad- Maryland at a proposed total annual cost of ministration shall not delegate to any other Resolved by the Committee on Transportation $14,347,396 for a lease term of 15 years, a pro- and Infrastructure of the U.S. House of Rep- agency the authority granted by this resolu- spectus for which is attached to and included tion. resentatives, That pursuant to section 7 of the in this resolution. Public Buildings Act of 1959, (40 U.S.C. § 606), Approval of this prospectus constitutes au- appropriations are authorized to lease up to COMMITTEE RESOLUTION: LEASE— thority to execute an interim lease for all DEPARTMENT OF DEFENSE, ARLINGTON, VA approximately 113,525 rentable square feet of tenants, if necessary, prior to execution of Resolved by the Committee on Transportation space for The Department of Justice, cur- the new lease. and Infrastructure of the U.S. House of Rep- rently located at 901 E Street, NW, Wash- Provided, That the General Services Ad- resentatives, That pursuant to section 7 of the ington, D.C. at a proposed total annual cost ministration shall not delegate to any other Public Buildings Act of 1959, (40 U.S.C. 606), of $4,768,050 for a lease term of ten years, a agency the authority granted by this resolu- appropriations are authorized to lease up to prospectus for which is attached to and in- tion. cluded in this resolution. approximately 170,459 rentable square feet of Approval of this prospectus constitutes au- COMMITTEE RESOLUTION: LEASE—DEPART- space for the Department of Defense cur- thority to execute an interim lease for all MENT OF HEALTH AND HUMAN SERVICES, rently located at Ballston Center Tower One, tenants, if necessary, prior to execution of 800 N. Quincy St, Arlington, Virginia at a ROCKVILLE, MD the new lease. proposed total annual cost of $5,454,688 for a Resolved by the Committee on Transportation Provided, That the General Services Ad- lease term of ten years, a prospectus for ministration shall not delegate to any other and Infrastructure of the U.S. House of Rep- which is attached to and included in this res- agency the authority granted by this resolu- resentatives, That pursuant to section 7 of the olution. tion. Public Buildings Act of 1959, (40 U.S.C. § 606), Approval of this prospectus constitutes au- appropriations are authorized to lease up to thority to execute an interim lease for all COMMITTEE RESOLUTION: LEASE—DEPART- approximately 143,494 rentable square feet of tenants, if necessary, prior to execution of MENT OF VETERANS ADMINISTRATION, DE- space and seven parking spaces for the De- the new lease. PARTMENT OF JUSTICE, GENERAL SERVICES partment of Health and Human Services, Provided, That the General Services Ad- ADMINISTRATION, BUREAU OF ALCOHOL, TO- currently located at 6010 Executive Blvd and ministration shall not delegate to any other BACCO AND FIREARMS, U.S.-JAPAN FRIEND- 2101 E. Jefferson, Rockville, Maryland at a agency the authority granted by this resolu- SHIP COMMISSION, WASHINGTON, DC proposed total annual cost of $4,161,326 for a tion. Resolved by the Committee on Transportation lease term of ten years, a prospectus for and Infrastructure of the U.S. House of Rep- which is attached to and included in this res- COMMITTEE RESOLUTION: LEASE— resentatives, That pursuant to section 7 of the olution. DEPARTMENT OF LABOR, ARLINGTON, VA Public Buildings Act of 1959, (40 U.S.C. § 606), Approval of this prospectus constitutes au- Resolved by the Committee on Transportation appropriations are authorized to lease up to thority to execute an interim lease for all and Infrastructure of the U.S. House of Rep- approximately 151,367 rentable square feet of tenants, if necessary, prior to execution of resentatives, That pursuant to section 7 of the space and 10 indoor parking spaces for the the new lease. Public Buildings Act of 1959, (40 U.S.C. 606), Veterans Administration, Department of Provided, That the General Services Ad- appropriations are authorized to lease up to Justice, General Services Administration, ministration shall not delegate to any other approximately 81,313 rentable square feet of Bureau of Alcohol, Tobacco and Firearms, agency the authority granted by this resolu- space and 3 parking spaces for the Depart- and the U.S.-Japan Friendship Commission, tion. ment of Labor, currently located at Ballston currently located at 1120 Vermont Avenue, Center Tower Three, 4015 Wilson Blvd, Ar- Washington D.C. at a proposed total annual COMMITTEE RESOLUTION: LEASE—IMMIGRA- lington, Virginia at a proposed total annual cost of $6,357,414 for a lease term of ten TION AND NATURALIZATION SERVICE, GARDEN cost of $2,602,016 for a lease term of ten years, a prospectus for which is attached to CITY, NY years, a prospectus for which is attached to and included in this resolution. Resolved by the Committee on Transportation and included in this resolution. Approval of this prospectus constitutes au- and Infrastructure of the U.S. House of Rep- Approval of this prospectus constitutes authority to execute an interim lease for all resentatives, That pursuant to section 7 of the thority to execute an interim lease for all tenants, if necessary, prior to execution of Public Buildings Act of 1959, (40 U.S.C. § 606), tenants, if necessary, prior to execution of the new lease. appropriations are authorized to lease up to the new lease. Provided, That the General Services Ad- approximately 86,250 rentable square feet of Provided, That the General Services Ad- ministration shall not delegate to any other space and 625 outdoor parking spaces for the ministration shall not delegate to any other agency the authority granted by this resolu- Immigration and Naturalization Service cur- agency the authority granted by this resolution. rently located at 711 Stewart Avenue, Gar- tion. den City, NY, at a proposed total annual cost COMMITTEE RESOLUTION: LEASE—DEPART- of $3,536,250 for a lease term of ten years, a COMMITTEE RESOLUTION: LEASE—GENERAL MENT OF HOUSING AND URBAN DEVELOP- prospectus for which is attached to and in- SERVICES ADMINISTRATION, PHILADELPHIA, PA MENT, WASHINGTON, DC cluded in this resolution. Resolved by the Committee on Transportation Resolved by the Committee on Transportation Approval of this prospectus constitutes au- and Infrastructure of the U.S. House of Rep- and Infrastructure of the U.S. House of Rep- thority to execute an interim lease for all resentatives, That pursuant to section 7 of the H11924 CONGRESSIONAL RECORD — HOUSE November 14, 2000 Public Buildings Act of 1959, (40 U.S.C. 606), ten years, a prospectus for which is attached Provided, That the General Services Ad- appropriations are authorized to lease up to to and included in this resolution. ministration shall not delegate to any other approximately 160,200 rentable square feet of Approval of this prospectus constitutes au- agency the authority granted by this resolu- space and 38 parking spaces for the General thority to execute an interim lease for all tion. Services Administration currently located at tenants, if necessary, prior to execution of the Wanamaker Building, 100 Penn Square the new lease. COMMITTEE RESOLUTION: LEASE—U.S. CUS- East, Philadelphia, Pennsylvania at a pro- Provided, That the General Services Ad- TOMS SERVICE, FOOD AND DRUG ADMINIS- posed total annual cost of $4,806,000 for a ministration shall not delegate to any other TRATION, U.S. MARSHALS SERVICE, SEATTLE, lease term of ten years, a prospectus for agency the authority granted by this resolu- WA which is attached to and included in this res- tion. Resolved by the Committee on Transportation olution. and Infrastructure of the U.S. House of Rep- Approval of this prospectus constitutes au- COMMITTEE RESOLUTION: LEASE—UNITED resentatives, That pursuant to section 7 of the thority to execute an interim lease for all STATES SECRET SERVICE, CHICAGO, IL Public Buildings Act of 1959, (40 U.S.C. § 606), tenants, if necessary, prior to execution of Resolved by the Committee on Transportation appropriations are authorized to lease up to the new lease. and Infrastructure of the U.S. House of Rep- approximately 56,210 rentable square feet of Provided, That the General Services Ad- resentatives, That pursuant to section 7 of the space and 93 indoor parking spaces for the ministration shall not delegate to any other Public Buildings Act of 1959, (40 U.S.C. § 606), United States Marshals Service, the U.S. agency the authority granted by this resolu- appropriations are authorized to lease up to Customs Service, and the Food and Drug Ad- tion. approximately 76,200 rentable square feet of ministration, currently located at 1000 Sec- space and 140 parking spaces for the United ond Avenue, Seattle, Washington at a pro- COMMITTEE RESOLUTION: LEASE—FEDERAL States Secret Service, currently located at posed total annual cost of $2,529,450 for a BUREAU OF INVESTIGATION, LAS VEGAS, NV 300 S. Riverside, Chicago, Illinois at a pro- lease term of ten years, five years firm, a Resolved by the Committee on Transportation posed total annual cost of $4,267,200 for a prospectus for which is attached to and in- and Infrastructure of the U.S. House of Rep- lease term of ten years, a prospectus for cluded in this resolution. resentatives, That pursuant to section 7 of the which is attached to and included in this res- Approval of this prospectus constitutes au- Public Buildings Act of 1959, (40 U.S.C. § 606), olution. thority to execute an interim lease for all appropriations are authorized to lease up to Approval of this prospectus constitutes au- tenants, if necessary, prior to execution of approximately 106,955 rentable square feet of thority to execute an interim lease for all the new lease. Provided, That the General Services Ad- space and 160 parking spaces for the Federal tenants, if necessary, prior to execution of ministration shall not delegate to any other Bureau of Investigation currently located at the new lease. Provided, That the General Services Ad- agency the authority granted by this resolu- 700 East Charleston Boulevard, 333 North ministration shall not delegate to any other tion. Rancho Drive, 5145 Cheyenne Avenue, 21 agency the authority granted by this resolu- North Pecos and 1202 Sharp Circle in Las tion. COMMITTEE RESOLUTION: LEASE—NATIONAL Vegas, Nevada, at a proposed total annual INSTITUTES OF HEALTH, BALTIMORE, MD cost of $2,620,398 for a lease term of 15 years, COMMITTEE RESOLUTION: LEASE—CORPS OF Resolved by the Committee on Transportation a prospectus for which is attached to and in- ENGINEERS, DEPARTMENT OF HOUSING AND and Infrastructure of the U.S. House of Rep- cluded in this resolution. URBAN DEVELOPMENT, EQUAL EMPLOYMENT resentatives, That pursuant to section 7 of the Approval of this prospectus constitutes au- OPPORTUNITY COMMISSION, DEPARTMENT OF Public Buildings Act of 1959, (40 U.S.C. § 606), thority to execute an interim lease for all TRANSPORTATION, SMALL BUSINESS ADMIN- appropriations are authorized to lease up to tenants, if necessary, prior to execution of ISTRATION, BALTIMORE, MD approximately 392,482 rentable square feet of the new lease. space for the National Institutes of Health Provided, That the General Services Ad- Resolved by the Committee on Transportation Bayview Research Center, currently located ministration shall not delegate to any other and Infrastructure of the U.S. House of Rep- resentatives, That pursuant to section 7 of the at the Bayview Campus of Johns Hopkins agency the authority granted by this resolu- University, Baltimore, Maryland at a pro- tion. Public Buildings Act of 1959, (40 U.S.C. § 606), appropriations are authorized to lease up to posed total annual cost of $20,016,582 for a approximately 311,713 rentable square feet of lease term of 20 years, a prospectus for which COMMITTEE RESOLUTION: LEASE—GENERAL space and 89 structured parking spaces for is attached to and included in this resolu- SERVICES ADMINISTRATION, STOCKTON, CA the Department of Transportation, Small tion. Resolved by the Committee on Transportation Business Administration, Equal Employment Approval of this prospectus constitutes au- and Infrastructure of the U.S. House of Rep- Opportunity Commission, Department of thority to execute an interim lease for all resentatives, That pursuant to section 7 of the Housing and Urban Development, and Corps tenants, if necessary, prior to execution of Public Buildings Act of 1959, (40 U.S.C. § 606), of Engineers, currently located at the City the new lease. Provided, That the General Services Ad- appropriations are authorized to lease up to Crescent Building, 10 N. Howard St., Balti- ministration shall not delegate to any other approximately 1,439,694 rentable square feet more, Maryland at a proposed annual cost of agency the authority granted by this resolu- of space for the General Services Adminis- $8,416,251 for a lease term of 15 years, a pro- tion. tration—Federal Supply Service currently spectus for which is attached to and included located at Rough and Ready Island, Stock- in this resolution. COMMITTEE RESOLUTION: LEASE—FEDERAL ton, California at a proposed total annual Approval of this prospectus constitutes au- TRADE COMMISSION, WASHINGTON, DC cost of $2,764,212 for a lease term of five thority to execute an interim lease for all years, a prospectus for which is attached to tenants, if necessary, prior to execution of Resolved by the Committee on Transportation and included in this resolution. the new lease. and Infrastructure of the U.S. House of Rep- Approval of this prospectus constitutes au- Provided, That the General Services Ad- resentatives, That pursuant to section 7 of the thority to execute an interim lease for all ministration shall not delegate to any other Public Buildings Act of 1959, (40 U.C.S. § 606), tenants, if necessary, prior to execution of agency the authority granted by this resolu- appropriations are authorized to lease up to the new lease. tion. approximately 220,000 rentable square feet of Provided, That the General Services Ad- space for the Federal Trade Commission, ministration shall not delegate to any other COMMITTEE RESOLUTION: LEASE—FEDERAL currently located at 601 Pennsylvania Ave- agency the authority granted by this resolu- BUREAU OF INVESTIGATION, WOODLAWN, MD nue, NW, Washington, D.C. at a proposed tion. Resolved by the Committee on Transportation total annual cost of $9,240,000 for a lease and Infrastructure of the U.S. House of Rep- term of ten years, a prospectus for which is attached to and included in this resolution. COMMITTEE RESOLUTION: LEASE—DEPART- resentatives, That pursuant to section 7 of the Approval of this prospectus constitutes au- MENT OF JUSTICE—EXECUTIVE OFFICE OF IM- Public Buildings Act of 1959, (40 U.S.C. § 606), thority to execute an interim lease for all MIGRATION REVIEW, NORTHERN VIRGINIA appropriations are authorized to lease up to tenants, if necessary, prior to execution of Resolved by the Committee on Transportation approximately 131,169 rentable square feet of the new lease. and Infrastructure of the U.S. House of Rep- space and 164 structured and 11 surface park- Provided, That the General Services Ad- resentatives, That pursuant to section 7 of the ing spaces for the Federal Bureau of Inves- ministration shall not delegate to any other Public Buildings Act of 1959, (40 U.S.C. § 606), tigation, currently located at 7142 and 7127 agency the authority granted by this resolu- appropriations are authorized to lease up to Ambassador Road and 3100 Timanus Lane, tion. approximately 152,650 rentable square feet of Woodlawn, Maryland and 1520 Caton Center f space and 100 indoor parking spaces for the Road, Catonsville, Maryland at a proposed Department of Justice—Executive Office of total annual cost of $5,094,604 for a lease LEAVE OF ABSENCE Immigration Review, currently located at term of ten years, a prospectus for which is By unanimous consent, leave of ab- multiple locations throughout Northern Vir- attached to and included in this resolution. ginia at a proposed annual cost of $4,884,000 Approval of this prospectus constitutes au- sence was granted to: for office space, and a proposed annual cost thority to execute an interim lease for all Mr. FARR of California (at the re- of $114,000 for parking, for a proposed total tenants, if necessary, prior to execution of quest of Mr. GEPHARDT) for today on annual cost of $4,998,000 for a lease term of the new lease. account of illness. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11925 Mr. HILL of Montana (at the request extend their remarks and include ex- ADJOURNMENT of Mr. ARMEY) for today until 12:00 p.m. traneous material:) Mr. SHERMAN. Mr. Speaker, pursu- on account of medical reasons. Mr. MCCOLLUM, for 5 minutes, today. ant to House Concurrent Resolution f 442, 106th Congress, I move that the SPECIAL ORDERS GRANTED f House do now adjourn. By unanimous consent, permission to The motion was agreed to. address the House, following the legis- EXTENSION OF REMARKS The SPEAKER pro tempore (Mr. lative program and any special orders VITTER). Pursuant to the provisions of heretofore entered, was granted to: By unanimous consent, permission to House Concurrent Resolution 442, 106th (The following Members (at the re- revise and extend remarks was granted Congress, the House stands adjourned quest of Mr. SHERMAN) to revise and ex- to: until 2 p.m. on Monday, December 4, tend their remarks and include extra- 2000. Mr. CONYERS and to include extra- Thereupon (at 6 o’clock and 47 min- neous material:) neous material, notwithstanding the Mr. DEFAZIO, for 5 minutes, today. utes p.m.), pursuant to House Concur- Ms. LEE, for 5 minutes, today. fact that it exceeds two pages of the rent Resolution 442, the House ad- (The following Members (at the re- RECORD and is estimated by the Public journed until Monday, December 4, quest of Mr. MCCOLLUM) to revise and Printer to cost $845.00. 2000, at 2 p.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and dollars utilized for official foreign travel during the third quarter of 2000, by Committees of the House of Representatives, pursuant to Public Law 95–384 are as follows:

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Arrive Depart rency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 rency 2 rency 2 rency 2

David Abramowitz ...... 3/28 4/1 Switzerland ...... 402.00 ...... 402.00 Commercial airfare ...... 4,131.00 ...... 4,131.00 David Adams ...... 3/30 4/3 Colombia ...... 772.00 ...... 772.00 Commercial airfare ...... 1,827.80 ...... 1,827.80 4/16 4/18 Bangladesh ...... 419.00 ...... 419.00 4/18 4/22 India ...... 1,275.00 ...... 1,275.00 4/23 4/25 Pakistan ...... 449.00 ...... 449.00 ...... 7,406.84 ...... 7,406.84 Hon. Cass Ballenger ...... 4/1 4/2 Costa Rica ...... 110.00 ...... 110.00 Bob Becker ...... 4/26 4/28 Nicaragua ...... 497.50 ...... 497.50 Commercial airfare ...... 469.80 ...... 469.80 Paul Berkowitz ...... 3/29 3/30 Belgium ...... 246.00 ...... 246.00 3/30 3/31 Switzerland ...... 270.00 ...... 270.00 3/31 4/1 Italy ...... 289.00 ...... 289.00 Commercial airfare ...... 5,444.50 ...... 5,444.50 4/15 4/22 China ...... 1,756.00 ...... 555.92 ...... 2,311.92 Commercial airfare ...... 4,170.80 ...... 4,170.80 4/22 4/25 Taiwan ...... 678.00 ...... 678.00 Commercial airfare ...... 735.66 ...... 735.66 Hon. Kevin Brady ...... 4/21 4/22 Croatia ...... 64.50 ...... 64.50 4/22 4/23 Bosnia ...... 141.50 ...... 141.50 Peter Brookes ...... 4/15 4/22 China ...... 1,756.00 ...... 555.92 ...... 2,311.92 Commercial airfare ...... 5,107.80 ...... 5,107.80 Sean Carroll ...... 5/19 5/22 Haiti ...... 292.00 ...... 292.00 Hon. William D. Delahunt ...... 4/1 4/2 Costa Rica ...... 173.00 ...... 173.00 Michael Ennis ...... 4/16 4/18 Bangladesh ...... 444.00 ...... 444.00 4/18 4/22 India ...... 1,217.00 ...... 3 95.17 ...... 1,312.17 4/23 4/25 Pakistan ...... 474.00 ...... 3 293.77 ...... 767.77 Commercial airfare ...... 7,406.84 ...... 7,406.84 David Fite ...... 4/18 4/22 India ...... 1,214.00 ...... 1,214.00 4/23 4/25 Pakistan ...... 474.00 ...... 474.00 Commercial airfare ...... 7,319.00 ...... 7,319.00 5/27 5/31 Russia ...... 898.00 ...... 898.00 5/31 6/2 United Kingdom ...... 642.00 ...... 642.00 Commercial airfare ...... 6,419.07 ...... 6,419.07 Richard Garon ...... 4/7 4/8 Dominican Republic ...... 114.00 ...... 114.00 4/8 4/9 Haiti ...... 187.85 ...... 3 145.57 ...... 333.42 Commercial airfare ...... 640.02 ...... 640.02 Kristen Gilley ...... 4/25 4/27 Greece ...... 288.00 ...... 288.00 4/27 4/30 France ...... 786.00 ...... 786.00 Commercial airfare ...... 4,613.19 ...... 4,613.19 Charisse Glassman ...... 5/13 5/15 Haiti ...... 235.77 ...... 235.77 Commercial airfare ...... 873.80 ...... 873.80 5/19 5/22 Haiti ...... 292.00 ...... 292.00 Amos Hochstein ...... 5/28 5/31 Russia ...... 728.00 ...... 728.00 5/31 6/2 United Kingdom ...... 622.00 ...... 622.00 Commercial airfare ...... 6,419.00 ...... 6,419.00 John Mackey ...... 3/30 4/3 Colombia ...... 772.00 ...... 772.00 Commercial airfare ...... 1,827.80 ...... 1,827.80 4/24 4/27 Greece ...... 288.00 ...... 288.00 4/27 4/30 France ...... 786.00 ...... 786.00 Commercial airfare ...... 4,613.19 ...... 4,613.19 5/17 5/20 Colombia ...... 579.00 ...... 579.00 Commercial airfare ...... 667.80 ...... 667.80 Caleb McCarry ...... 4/7 4/8 Dominican Republic ...... 174.00 ...... 174.00 4/8 4/9 Haiti ...... 189.89 ...... 189.89 Commercial airfare ...... 640.02 ...... 640.02 4/26 4/28 Nicaragua ...... 497.50 ...... 497.50 4/28 4/29 Panama ...... 110.00 ...... 110.00 Commercial airfare ...... 586.80 ...... 586.80 Kathleen Moazed ...... 4/15 4/22 China ...... 1,756.00 ...... 555.92 ...... 2,311.92 Commercial airfare ...... 5,131.30 ...... 5,131.30 Hon. Donald M. Payne ...... 5/14 5/15 Haiti ...... 235.78 ...... 3 96.38 ...... 332.16 Commercial airfare ...... 826.80 ...... 826.80 Stephen Rademaker ...... 4/27 4/30 Slovak Republic ...... 400.00 ...... 400.00 Commercial airfare ...... 5,443.57 ...... 5,443.57 5/28 6/1 Russia ...... 1,200.00 ...... 3 954.52 ...... 2,154.52 Commercial airfare ...... 5,812.01 ...... 5,812.01 Grover Joseph Rees ...... 3/29 4/1 Switzerland ...... 577.00 ...... 577.00 Commercial airfare ...... 4,771.45 ...... 4,771.45 H11926 CONGRESSIONAL RECORD — HOUSE November 14, 2000 AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000—Continued

John Walker Roberts ...... 5/28 5/31 Russia ...... 918.00 ...... 918.00 5/31 6/2 United Kingdom ...... 622.00 ...... 622.00 Commercial airfare ...... 6,419.07 ...... 6,419.07 Hon. Dana Rohrabacher ...... 4/25 4/26 Macedonia ...... 172.00 ...... 172.00 4/26 4/27 Kosovo ...... 0.00 ...... 0.00 4/27 4/28 Austria ...... 217.69 ...... 217.69 Commercial airfare ...... 1,784.34 ...... 1,784.34 Tanya Shamson ...... 5/20 5/23 Latvia ...... 650.00 ...... 650.00 Commercial airfare ...... 4,905.96 ...... 4,905.96 Peter Yeo ...... 4/15 4/21 China ...... 1,510.00 ...... 555.92 ...... 2,065.92 Commercial airfare ...... 5,235.80 ...... 5,235.80 Grover Joseph Rees ...... 5/30 6/6 Thailand ...... 1,285.00 ...... 197.53 ...... 1,482.53 Commercial airfare ...... 3,313.80 ...... 3,313.80 Committee Total ...... 31,146.98 ...... 117,386.04 ...... 1,585.41 ...... 150,118.43 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Indicates delegation costs. BEN GILMAN, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar Name of member or employee Country Foreign cur- equivalent Foreign cur- equivalent Foreign cur- equivalent Foreign cur- U.S. equiva- Arrive Depart rency or U.S. currency or U.S. currency or U.S. currency lent or U.S. currency 2 rency 2 rency 2 rency 2

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h JOHN R. KASICH, Chairman, Oct. 31, 2000.

EXECUTIVE COMMUNICATIONS, Malheur County; Suspension of Handling, final rule—Traineeships (RIN: 0925–AA11) re- ETC. Reporting, and Assessment Collection Regu- ceived November 14, 2000, pursuant to 5 lations [Docket No. FV00–947–1 FIR] received U.S.C. 801(a)(1)(A); to the Committee on Under clause 8 of rule XII, executive November 14, 2000, pursuant to 5 U.S.C. Commerce. communications were taken from the 801(a)(1)(A); to the Committee on Agri- 10944. A letter from the Administrator, Speaker’s table and referred as follows: culture. NHTSA, Department of Transportation, 10934. A letter from the Congressional Re- 10939. A communication from the President transmitting the Department’s final rule— view Coordinator, Department of Agri- of the United States, transmitting his re- Civil Penalties, Registered Importers of Ve- culture, Animal and Plant Health Inspection quests for emergency FY 2001 supplemental hicles Not Originally Manufactured to Con- Service, transmitting the Department’s final appropriations totaling $750 million in total form to the Federal Motor Vehicle Safety rule—Brucellosis in Cattle; State and Area grant assistance to the Governments in Standards [Docket No. NHTSA 2000–8253] Classifications; Louisiana [Docket No. 99– Israel, Egypt, and Jordan pursuant to sec- (RIN: 2127–AI18) received November 9, 2000, 052–2] received November 14, 2000, pursuant tion 251(b)(2)(A) of the Balanced Budget and pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on Emergency Deficit Control Act of 1985, as mittee on Commerce. amended; (H. Doc. No. 106—313); to the Com- Agriculture. 10945. A letter from the Deputy Associate 10935. A letter from the Congressional Re- mittee on Appropriations and ordered to be Administrator, Environmental Protection printed. view Coordinator, Department of Agri- Agency, transmitting the Agency’s final 10940. A letter from the Associate General culture, Animal and Plant Health Inspection rule—Approval and Promulgation of Air Counsel for Legislation and Regulations, De- Quality Implementation Plans; Massachu- Service, transmitting the Department’s final partment of Housing and Urban Develop- setts; Rate-of-Progress Emission Reduction rule—Importation of Horses, Ruminants, ment, transmitting the Department’s final Plans [MA–25–7197a; A–1–FRL–6882–7] re- Swine, and Dogs; Inspection and Treatment rule—Section 8 Housing Assistance Pay- ceived November 8, 2000, pursuant to 5 U.S.C. for Screwworm [Docket No. 00–028–1] re- ments Program; Contract Rent Annual Ad- 801(a)(1)(A); to the Committee on Commerce. ceived November 14, 2000, pursuant to 5 justment Factors, Fiscal Year 2001 [Docket 10946. A letter from the Deputy Associate U.S.C. 801(a)(1)(A); to the Committee on Ag- No. FR–4626–N–01] received November 10, Administrator, Environmental Protection riculture. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the 10936. A letter from the Congressional Re- Committee on Banking and Financial Serv- Agency, transmitting the Agency’s final view Coordinator, Department of Agri- ices. rule—OMB Approvals Under the Paperwork culture, Animal and Plant Health Inspection 10941. A letter from the Secretary, Depart- Reduction Act; Technical Amendment [FRL– Service, transmitting the Department’s final ment of Education, transmitting the Depart- 6899–7] received November 7, 2000, pursuant rule—Spanish Pure Breed Horses from Spain ment’s final rule—Student Assistance Gen- to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 00–109–1] received November 14, eral Provisions, Federal Family Education Commerce. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Loan Program, William D. Ford Federal Di- 10947. A letter from the Deputy Associate Committee on Agriculture. rect Loan Program, and Federal Pell Grant Administrator, Environmental Protection 10937. A letter from the Executive Vice Program (RIN: 1845–AA17) received Novem- Agency, transmitting the Agency’s final President, Commodity Credit Corporation, ber 14, 20000, pursuant to 5 U.S.C. 801(a)(1)(A); rule—Approval and Promulgation of State Department of Agriculture, Warehouse and to the Committee on Education and the Implementation Plans; Michigan [MI74–02– Inventory Division, transmitting the Depart- Workforce. 7282a; FRL–6896–3] received November 7, 2000, ment’s final rule—Bioenergy Program (RIN: 10942. A letter from the Assistant Sec- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 0560–AG16) received November 14, 2000, pursu- retary, Occupational Safety and Health Ad- mittee on Commerce. ant to 5 U.S.C. 801(a)(1)(A); to the Committee ministration, transmitting the Administra- 10948. A letter from the Deputy Associate on Agriculture. tion’s final rule—Ergonomics Program Administrator, Environmental Protection 10938. A letter from the Associate Adminis- [Docket No. S–777] (RIN: 1218–AB36) received Agency, transmitting the Agency’s final trator, Department of Agriculture, Agricul- November 14, 2000, pursuant to 5 U.S.C. rule—Approval and Promulgation of State tural Marketing Service, Fruit and Vege- 801(a)(1)(A); to the Committee on Education Plans for Designated Facilities and Pollut- table Programs, transmitting the Depart- and the Workforce. ants: Florida [FL–86–200028(a); FRL–6902–4] ment’s final rule—Irish Potatoes Grown in 10943. A letter from the Regulations Offi- received November 10, 2000, pursuant to 5 Modoc and Siskiyou Counties, California, cer, NIH, Department of Health and Human U.S.C. 801(a)(1)(A); to the Committee on and in all Counties in Oregon, Except Services, transmitting the Department’s Commerce. November 14, 2000 CONGRESSIONAL RECORD — HOUSE H11927 10949. A letter from the Deputy Associate AK74) received November 14, 2000, pursuant H.R. 1882. Referral to the Committee on Administrator, Environmental Protection to 5 U.S.C. 801(a)(1)(A); to the Committee on Ways and Means extended for a period ending Agency, transmitting the Agency’s final Resources. not later than December 5, 2000. rule—Approval and Promulgation of Imple- 10960. A letter from the Attorney-Advisor, H.R. 2580. Referral to the Committee on mentation Plans; Wisconsin Designation of Federal Register, Certifying Officer, Depart- Transportation and Infrastructure extended Areas for Air Quality Planning Purposes; ment of the Treasury, Financial Manage- for a period ending not later than December Wisconsin [WI96–01–7327a; FRL–6901–3] re- ment Service, transmitting the Depart- 5, 2000. ceived November 10, 2000, pursuant to 5 ment’s final rule—Federal Claims Collection H.R. 4144. Referral to the Committee on U.S.C. 801(a)(1)(A); to the Committee on Standards (RIN: 1510–AA57 and 1105–AA31) re- the Budget extended for a period ending not Commerce. ceived November 14, 2000, pursuant to 5 later than December 5, 2000. 10950. A letter from the Deputy Associate U.S.C. 801(a)(1)(A); to the Committee on the H.R. 4548. Referral to the Committee on Administrator, Environmental Protection Judiciary. Education and the Workforce extended for a Agency, transmitting the Agency’s final 10961. A letter from the Rules Adminis- period ending not later than December 5, rule—Approval and Promulgation of Air trator, Federal Bureau of Prisons, Depart- 2000. Quality Implementation Plans; Massachu- ment of Justice, transmitting the Depart- H.R. 4585. Referral to the Committee on setts; Enhanced Motor Vehicle Inspection ment’s final rule—Inmate Discipline: Prohib- Commerce extended for a period ending not and Maintenance Program [MA–081–7211a; A– ited Acts [BOP–1083–F] (RIN: 1120–AA78) re- later than December 5, 2000. 1–FRL–6897–4] received November 10, 2000, ceived November 14, 2000, pursuant to 5 H.R. 4725. Referral to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 801(a)(1)(A); to the Committee on the Education and the Workforce extended for a mittee on Commerce. Judiciary. period ending not later than December 5, 10951. A letter from the Deputy Associate 10962. A letter from the Director, Office of 2000. Administrator, Environmental Protection Legislative Affairs, Federal Deposit Insur- H.R. 4857. Referral to the Committees on Agency, transmitting the Agency’s final ance Corporation, transmitting the Corpora- the Judiciary, Commerce, and Banking and rule—Asbestos Worker Protection [OPPTS– tion’s final rule— Rules of Practice and Pro- Financial Services for a period ending not 62125B; FRL–6751–3] (RIN: 2070–AC66) received cedure (RIN: 3064–AC45) received November later than December 5, 2000. November 10, 2000, pursuant to 5 U.S.C. 14, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 5130. Referral to the Committee on 801(a)(1)(A); to the Committee on Commerce. the Committee on the Judiciary. Transportation and Infrastructure extended 10952. A letter from the General Counsel, 10963. A letter from the Under Secretary of for a period ending not later than December Federal Energy Regulatory Commission, Commerce for Intellectual Property and Di- 5, 2000. transmitting the Commission’s final rule— rector, Patent and Trademark Office, trans- H.R. 5291. Referral to the Committee on Revision of Annual Charges Assessed to Pub- mitting the Office’s final rule—Treatment of Ways and Means extended for a period ending lic Utilities [Docket No. RM00–7–000; Order Unlocatable Patent Application and Patent not later than December 5, 2000. No. 641] received November 8, 2000, pursuant Files (RIN: 0651–AB19) received November 9, f to 5 U.S.C. 801(a)(1)(A); to the Committee on 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Commerce. Committee on the Judiciary. PUBLIC BILLS AND RESOLUTIONS 10953. A letter from the Director, Office of 10964. A letter from the Chief, Office of Under clause 2 of rule XII, public Congressional Affairs, Nuclear Regulatory Regulations and Administrative Law, De- bills and resolutions of the following Commission, Office of Nuclear Reactor Regu- partment of Transporatation, USCG, trans- titles were introduced and severally relation, transmitting the Commission’s final mitting the Department’s final rule—Regu- rule—Guidance on Managing Quality Assur- lated Navigation Area; San Pedro Bay, Cali- ferred, as follows: ance Records in Electronic Media—received fornia [CGD11–00–007] (RIN: 2115–AE84) re- By Mr. DEFAZIO (for himself and Mr. November 9, 2000, pursuant to 5 U.S.C. ceived November 9, 2000, pursuant to 5 U.S.C. LEACH): 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Transpor- H.R. 5631. A bill to establish a commission 10954. A communication from the President tation and Infrastructure. to study and make recommendations with of the United States, transmitting notifica- 10965. A letter from the Chief, Office of respect to the Federal electoral process; to tion that the Iran emergency is to continue Regulations and Administrative Law, De- the Committee on House Administration. in effect beyond November 14, 2000, pursuant partment of Transportation, USCG, trans- By Mr. SCOTT: to 50 U.S.C. 1622(d); (H. Doc. No. 106–310); to mitting the Department’s final rule—Safety H.R. 5632. A bill to amend the Higher Edu- the Committee on International Relations Zone: Weekly Fireworks, Dockside Res- cation Act of 1965 to permit Pell Grants to and ordered to be printed. taurant, Port Jefferson Harbor, NY [CGD01– incarcerated students under limited condi- 10955. A communication from the President 00–217] (RIN: 2115–AA97) received November 9, tions; to the Committee on Education and of the United States, transmitting notifica- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Workforce. tion that the national emergency with re- Committee on Transportation and Infra- By Mr. ISTOOK: spect to the proliferation of nuclear, biologi- structure. H.R. 5633. A bill making appropriations for cal, and chemical weapons (weapons of mass 10966. A letter from the Chief, Office of the government of the District of Columbia destruction) and the means of delivering Regulations and Administrative Law, De- and other activities chargeable in whole or such weapons is to continue in effect beyond partment of Transportation, USCG, trans- in part against the revenues of said District November 14, 2000, pursuant to 50 U.S.C. mitting the Department’s final rule—Nox- for the fiscal year ending September 30, 2001, 1622(d); (H. Doc. No. 106–311); to the Com- ious Liquid Substances, Obsolete Hazardous and for other purposes; to the Committee on mittee on International Relations and or- Materials in Bulk, and Current Hazardous Appropriations. considered and passed. dered to be printed. Materials in Bulk [USCG 2000–7079] (RIN: By Mr. HOUGHTON (for himself and 10956. A communication from the President 2115–AF96) received November 9, 2000, pursu- Mr. RANGEL): of the United States, transmitting a report ant to 5 U.S.C. 801(a)(1)(A); to the Committee H.R. 5634. A bill to amend the Internal Rev- on developments concerning the national on Transportation and Infrastructure. enue Code of 1986 to provide a rehabilitation emergency with respect to Iran that was de- 10967. A letter from the Chief, Regulations credit for certain expenditures to rehabili- clared by Executive Order No. 12170 of No- Branch, Customs Service, Department of tate historic performing arts facilities; to vember 14, 1979, pursuant to 50 U.S.C. 1641(c); Treasury, transmitting the Department’s the Committee on Ways and Means. (H. Doc. No. 106–312); to the Committee on final rule—Technical Amendments to the By Mr. HUTCHINSON: International Relations and ordered to be Customs Regulations—received November 8, H.R. 5635. A bill to amend the National printed. 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Labor Relations Act; to the Committee on 10957. A letter from the Ambassador, Re- Committee on Ways and Means. Education and the Workforce. public of Slovenia, transmitting a report 10968. A letter from the Chairman, Trade By Mr. ROHRABACHER: from the International Trust Fund for Deficit Review Commission, transmitting a H.R. 5636. A bill to provide compensation Demining and Mine Victim Assistance, In- report on ‘‘The U.S. Trade Deficit: Causes, for injury and property damages suffered by termediate Activity Report 2000; to the Com- Consequences and Recommendations for Ac- persons as a result of the bombing attack by mittee on International Relations. tion’’; to the Committee on Ways and Means. the United States on August 28, 1988 in Khar- 10958. A letter from the Administrator, Na- f toum, Sudan, and for other purposes; to the tional Aeronautics and Space Administra- Committee on the Judiciary. tion, transmitting a report on the Inventory TIME LIMITATION OF REFERRED By Mr. ARMEY: of Commercial Activities; to the Committee BILL H. Con. Res. 442. Concurrent resolution on Government Reform. Pursuant to clause 5 of rule X the fol- providing for a conditional adjournment of 10959. A letter from the Deputy Assistant the House of Representatives and a condi- Administrator, NMFS, National Oceanic and lowing action was taken by the Speak- tional recess or adjournment of the Senate; Atmospheric Administration, transmitting er: considered and agreed to. the Administration’s final rule—Fisheries of H.R. 1689. Referral to the Committee on By Mr. PRICE of North Carolina: the Exclusive Economic Zone Off Alaska; Transportation and Infrastructure extended H. Res. 667. A resolution requesting the Sitka Pinnacles Marine Reserve [Docket No. for a period ending not later than December President to furnish to the House of Rep- 000616184–0290–02; I.D. 050500A] (RIN: 0648– 5, 2000. resentatives certain information held by the H11928 CONGRESSIONAL RECORD — HOUSE November 14, 2000

Archivist of the United States concerning H.R. 40: Mr. PASCRELL. H.R. 5585: Ms. DELAURO, Mr. FILNER, Ms. the transmission of electoral information H.R. 2635: Mr. COX. PELOSI, and Mr. PHELPS. under section 6 of title 3, United States Code, H.R. 3249: Mr. PAYNE. H.R. 5612: Mr. ABERCROMBIE, Mr. BRADY of by the States and the District of Columbia; H.R. 3433: Mr. GONZALEZ. Pennsylvania, and Mr. LAFALCE. to the Committee on House Administration. H.R. 3698: Mr. GIBBONS. By Mr. ROHRABACHER: H.R. 3710: Mr. GOODLATTE and Mr. H.R. 5613: Mr. STEARNS. H. Res. 668. A resolution to provide for the SERRANO. H. Con. Res. 341: Mr. SHAW and Ms. ROS- consideration by the United States Court of H.R. 3872: Mr. MCNULTY. LEHTINEN. Claims of a bill for compensation, and for H.R. 4434: Mr. SCOTT. other purposes; to the Committee on the Ju- H.R. 4481: Mr. GUTIERREZ. H. Con. Res. 412: Mr. GONZALEZ. diciary. H.R. 4506: Mr. MASCARA. H. Con. Res. 430: Mr. DIAZ-BALART. f H.R. 4971: Mrs. CLAYTON. H. Con. Res. 431: Mr. PORTER and Mr. FIL- ADDITIONAL SPONSORS H.R. 5065: Ms. EDDIE BERNICE JOHNSON of Texas. NER. Under clause 7 of rule XII, sponsors H.R. 5208: Mr. GONZALEZ. H. Res. 622: Mr. FARR of California. were added to public bills and resolu- H.R. 5250: Mr. CLEMENT. H. Res. 635: Mr. HANSEN. tions as follows: H.R. 5499: Mrs. MEEK of Florida. E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 106th CONGRESS, SECOND SESSION

Vol. 146 WASHINGTON, TUESDAY, NOVEMBER 14, 2000 No. 146 Senate (Legislative day of Friday, September 22, 2000)

The Senate met at 12:02 p.m., on the PLEDGE OF ALLEGIANCE that it can be considered prior to the expiration of the recess, and was called The Honorable MIKE ENZI, a Senator policy luncheons. Both the continuing to order by the President pro tempore from the State of Wyoming, led the resolution and the adjournment resolu- [Mr. THURMOND]. Pledge of Allegiance, as follows: tion will be passed by unanimous consent. Therefore, no votes will occur I pledge allegiance to the Flag of the during today’s session. PRAYER United States of America, and to the Repub- lic for which it stands, one nation under God, I wish everyone a happy Thanks- The Chaplain, Dr. Lloyd John indivisible, with liberty and justice for all. giving and also urge that we complete Ogilvie, offered the following prayer: f our discussions at 12:30 p.m. as scheduled for the policy luncheons and that Sovereign of our Nation, we trust RESERVATION OF LEADER TIME we move toward a quick adjournment You as ultimate Ruler of this land. The PRESIDING OFFICER. Under when we return after the luncheons, Give us historically astute hindsight so hopefully by 2:30 p.m. we can have 20/20 vision to see that You the previous order, leadership time is reserved. We will continue to work on the are at work in the shadowy realms of issues that are outstanding between f the often ambiguous election proc- the Republicans and the Democrats, esses. We grow in confidence as we re- RECOGNITION OF THE MAJORITY House and Senate, and the administra- member that You have sustained us in LEADER tion during this interim period. Sen- crises over contested presidential elec- ator DASCHLE The PRESIDING OFFICER (Mr. and I expect to meet to- tions at crucial times in our history. morrow to talk over the substance of There is no panic in heaven; therefore ENZI). The Chair recognizes the majority leader. the issues pending. there can be peace in our souls in the f midst of the human muddle of this un- f MORNING BUSINESS certain time. THANKING THE CHAPLAIN You have all power, You alone are Mr. LOTT. Mr. President, I ask unan- Mr. LOTT. Mr. President, I thank the imous consent that there be a period Almighty, and You are able to accom- Chaplain for his always meaningful plish Your purposes and plans through for the transaction of morning business prayer that was especially meant for until 12:30 p.m., with the time equally the votes of Your people. You rule and the times we are in. overrule. When these votes bring us to divided between the two leaders and f results that are painfully close, give us each Member be limited to 5 minutes. The PRESIDING OFFICER. Without patience to wait for a just resolution. SCHEDULE objection, it is so ordered. Your intervening power is not limited: Mr. LOTT. Mr. President, for the in- You are able to guide the candidates f formation of all Senators, we will and their advisors about when and how shortly proceed to a continuing resolu- VIDEOTAPING CHAMBER ACTIVITY to do what is best for America. tion that will fund the Government Mr. LOTT. Mr. President, I send a Lord, we all love a winner, but most through December 5. I should note resolution to the desk on behalf of my- of all, we want America to win in this there were a number of conversations self and Senator DASCHLE and ask for conflict. With this as the focus of our during the day on Monday between the its immediate consideration. attention, we intentionally turn away leadership in the Senate and the House The PRESIDING OFFICER. The from divisive distrust of people and and the President. The agreement was clerk will report the resolution by human systems to divinely inspired that a continuing resolution to a later title. confidence in You. You are still in date would be appropriate. There were The legislative clerk read as follows: charge. In that liberating assurance, earlier dates considered, but there was A resolution (S. Res. 384) relative to rule may the Senators and their staffs, and conflict with House Members on No- XXXIII. all of us who work with and for them, vember 27. That is why the date of De- There being no objection, the Senate press on with alacrity to finish the cember 5 was agreed to. proceeded to consider the resolution. work of the 106th Congress. You, dear It is expected that the Senate will Mr. LOTT. Mr. President, for the in- God, are in control. You are our Lord also receive the adjournment resolu- formation of the Senate, this resolu- and Saviour. Amen. tion from the House fairly quickly so tion provides for the videotaping of

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

S11511

VerDate 14-NOV-2000 00:32 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.000 pfrm02 PsN: S14PT1 S11512 CONGRESSIONAL RECORD — SENATE November 14, 2000 Senator BYRD’s statement in the DASCHLE does. I know Senator DORGAN As we have moved ahead with the Chamber in December at the organiza- perhaps wants to speak. But I will, as concerns under the current contest be- tional meetings and the orientation of soon as I learn, advise the staff and the tween Governor Bush and Vice Presi- our new Members so that this tape will Senator of how much time we will dent GORE, I have found many of my be available for historical and edu- need. constituents—and have noted com- cational purposes. Mr. LOTT. I yield the floor, Mr. ments in the media across the coun- Mr. President, I ask unanimous con- President. try—who are surprised about the way sent that the resolution be agreed to Mr. SPECTER addressed the Chair. the electoral college works. and the motion to reconsider be laid The PRESIDING OFFICER. The Illustratively, in my State of Penn- upon the table. Chair recognizes the Senator from sylvania, with 23 electoral votes, and Pennsylvania. The PRESIDING OFFICER. Without Vice President GORE having received 51 objection, it is so ordered. f percent of the vote and Governor Bush The resolution (S. Res. 384) was MODERNIZING VOTING PROCE- having received 47 percent, that Vice agreed to, as follows: DURES IN FEDERAL ELECTIONS President GORE got all 23 of Pennsylva- S. RES. 384 Mr. SPECTER. Mr. President, I have nia’s electoral votes. In discussions I have found—can- Resolved, That, notwithstanding the provi- sought recognition to introduce legis- didly, a surprise to me—a fair amount sions of Rule XXXIII, the Senate authorize lation which would seek to modernize the videotaping of the address by the Sen- voting procedures throughout the of concern among my constituents ator from West Virginia (Mr. Byrd) to the in- United States in Federal elections. I do about changing the electoral college. coming Senators scheduled to be given in the not intend to become involved in the There is some confusion that any Senate Chamber in December 2000. current controversies but instead have change in the electoral college may f been considering where we go from have some impact on the current con- ORDER FOR STAR PRINT—S. RES. here in order to try to prevent the kind test between Governor Bush and Vice 379 of concerns and problems which we President GORE, which, of course, is have at the present time. not the case. This current election is Mr. LOTT. Mr. President, I ask unan- In Pennsylvania, I have had consider- going to be determined under the exist- imous consent that Senate Resolution able comment from my constituents ing rules of the electoral college as it 379, as adopted by the Senate, be star about the issue as to, in the electronic now stands. It seems to me that consid- printed with the changes that are at age, with computers available and with eration ought to be given to a modi- the desk. electronic devices available why do we fication. The PRESIDING OFFICER. Without have some sections of the country vot- One approach would be to go to the objection, it is so ordered. ing by paper ballot and why do we have popular election of a President. That f a great variety of election procedures appears to be unrealistic because there DETERMINING A PRESIDENTIAL in voting, so that there is not uni- are so many smaller States which have WINNER formity and there is not a prompt only one Member of the House, two count. Senators, so they get three electoral Mr. LOTT. Mr. President, I will make Looking at that issue, it seems to me votes. On a proportionate basis, they one comment at this point, and that is, that we can do much better on how we would be entitled to a 1–435th propor- this morning I had occasion to see Sen- vote in Federal elections. The thought tion in relation to the House, there ator REID as he was passing by my of- on my mind is Congress should address being 435 Members of the House, but fice. We talked a little bit about his- this issue at least as to Federal elec- they have a 3–535th proportion, taking tory and the fact that the very office in tions, leaving the matters of State and the House’s 435 Members and the Sen- the Capitol where I sit was where the local elections to State officials under ate’s 100 Members. Since it takes a House of Representatives met in 1801 to our Federalist concepts. two-thirds vote to pass a constitu- determine who would be President be- It is not really practical for someone tional amendment in the Congress, and cause there had been a tie in the elec- to lay out an entire bill with the proce- ratification by three-fourths of the tion. The House of Representatives dures to implement these objectives, States, I think it is unrealistic to look voted 36 ballots before they determined but it seems to me—and I have been to the popular election of a President. the winner by 1 vote to be Thomas Jef- talking to some of my colleagues about But there is an alternative way ferson. He won over Aaron Burr. He it, and there are a number of Senators where it might be achieved; that is, went on to be one of the greatest Presi- who are thinking in the same direc- with a proportional representation. dents in the history of our country. I tion—that it will be useful to establish S.J. Res. 51 was introduced in the 96th leave that for a little thought for all a commission which would take up the Congress by Senator Cannon, cospon- question of how we have election proce- concerned, and now worried, about sored by Senators THURMOND, Gold- dures which take advantage of com- what the future holds. water, Harry Byrd and Talmadge, puters and electronics so that votes I yield the floor. which provided for a constitutional may be tabulated accurately and Mr. REID. Mr. President, before the amendment for proportional represen- promptly, and not have the kinds of leader leaves the floor, it is my under- tation, which might be the way to go. issues which arose in our election on standing Senator SPECTER wants to Illustratively, in a State such as speak for about 10 minutes and then we November 7. I do, therefore, submit, Mr. Presi- Pennsylvania, with 23 electoral votes, can use up the rest of the time until dent, the structure of a bill to establish and a vote split of 51 percent and 47 12:30. Is the leader expecting to recess a commission for the comprehensive percent, it might be divided as 12 votes at 12:30 and come back at 2:15 p.m.? study of voting procedures for Federal for Vice President GORE and 11 votes Mr. LOTT. That is my intent. While elections, to take a look at not only for Governor Bush. I think this is going we may not have normal policy lunch- Federal elections but State and local to require further study. eons, it is my intent to recess at 12:30 elections as well, but with the purpose I do think it is plain that the purpose so we can have luncheons as a group or of finding a way to have accurate re- of having the electoral college, as re- individually, and we will come back porting, electronic reporting, and flected in the Federalist Papers, was to after the luncheons, I presume at 2:15. speedy reporting. provide a buffer between the common Hopefully, we will close the session by This bill is not in concrete. I am now voter, who was thought at that time 2:30. I will want to make sure that Sen- soliciting cosponsors. I think we will not to be sufficiently informed to di- ator DASCHLE has been consulted on have other cosponsors shortly. Since rectly elect a President. That, of that and agrees with that. we have an abbreviated session today, course, was changed when we had a Mr. REID. I say to the leader that with only a limited amount of time, I constitutional amendment providing when we do reconvene at 2:15, or maybe am introducing the bill at this time. for the direct election of Senators. even by 12:30, I will be in a position to Mr. President, I will make just a In the original Constitution, Sen- tell the majority leader how many on comment or two about the electoral ators were elected by the State legisla- our side wish to speak. I know Senator college. tures, so that the common man did not

VerDate 14-NOV-2000 23:52 Nov 14, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.005 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11513 vote directly for a Senator. But that sion shall complete a thorough study of all of carrying out this Act, sit and act at such has been changed as we have come to issues relating to voting procedures in Fed- times and places, take such testimony, and understand that in modern times every eral, State, and local elections, including the receive such evidence as the Commission voter has a full capacity to make the following: considers advisable to carry out this Act. (1) Voting procedures in Federal, State, direct election of an elected official The Commission may administer oaths and and local government elections. affirmations to witnesses appearing before with Senators, and I think on the same (2) Voting procedures that represent the the Commission. analogy to the President as well. But best practices in Federal, State, and local (b) INFORMATION FROM FEDERAL AGEN- because of the extra leverage for the government elections. CIES.—The Commission may secure directly smaller States, which I do not contest, (3) Legislation and regulatory efforts that from any Federal department or agency such the direct election is not realistic. But affect voting procedures issues. information as the Commission considers perhaps a proportional election (4) The implementation of standardized necessary to carry out this Act. Upon re- through the electoral college might be voting procedures, including standardized quest of the Chairperson of the Commission, technology, for Federal, State, and local the head of such department or agency shall appropriate, with the smaller States government elections. having the additional advantage of furnish such information to the Commission. (5) The speed and timeliness of vote counts (c) WEBSITE.—For purposes of conducting having two electors, accounting for in Federal, State and local elections. the study under section 4(a), the Commission their two Senators. I think that is (6) The accuracy of vote counts in Federal, shall establish a website to facilitate public going to require further study. Again, I State and local elections. comment and participation. have been discussing that with my col- (7) The security of voting procedures in (d) POSTAL SERVICES.—The Commission leagues. Federal, State and local elections. may use the United States mails in the same I do think people in this country (b) RECOMMENDATIONS.—The Commission manner and under the same conditions as shall develop recommendations on the mat- other departments and agencies of the Fed- want to know what our plans are for ters studied under subsection (a). eral Government. the future. I also think there ought to (c) REPORTS.— (e) ADMINISTRATIVE SUPPORT SERVICES.— be an awareness that many of us in the (1) FINAL REPORT.—Not later than 180 days Congress are considering whether the after the expiration of the period referred to Upon the request of the Chairperson of the in subsection (a), the Commission shall sub- Commission, the Administrator of the Gen- electoral college should stand as it now eral Services Administration shall provide to is or whether it should be changed. mit a report, that has been approved by a majority of the members of the Commission, the Commission, on a reimbursable basis, the An intermediate ground may be this administrative support services that are nec- proportional voting of the electoral to the President and Congress which shall contain a detailed statement of the findings essary to enable the Commission to carry college, as reflected in S.J. Res. 51 from and conclusions of the Commission, together out its duties under this Act. the 96th Congress. I believe there is no with its recommendations for such legisla- (f) CONTRACTS.—The Commission may con- doubt that we need to modernize election and administrative actions as it contract with and compensate persons and Fed- tion procedures, and that the way to go siders appropriate. eral agencies for supplies and services without regard to section 3709 of the Revised would be a five-person commission (2) INTERIM REPORTS.—The Commission Statutes (42 U.S.C. 5). with appointments made by the Presi- may submit to the President and Congress any interim reports that are approved by a (g) GIFTS AND DONATIONS.—The Commis- dent, the majority leader of the Sen- sion may accept, use, and dispose of gifts or ate, the minority leader of the Senate, majority of the members of the Commission. (3) ADDITIONAL REPORTS.—The Commission donations of services or property to carry the Speaker of the House, and the mi- may, together with the report submitted out this Act. nority leader of the House. These mat- under paragraph (1), submit additional re- SEC. 7. COMMISSION PERSONNEL MATTERS. ters ought to be subject to consider- ports that contain any dissenting or minor- (a) COMPENSATION OF MEMBERS.—Each ation to try to eliminate some of the ity opinions of the members of the Commis- member of the Commission who is not an of- problems which the country now faces. sion. ficer or employee of the Federal Government Mr. President, I ask unanimous con- SEC. 5. MEMBERSHIP. shall be compensated at a rate equal to the sent that the text of the bill be printed (a) NUMBER AND APPOINTMENT.—The Com- daily equivalent of the annual rate of basic in the RECORD. mission shall be composed of 5 members of pay prescribed for level IV of the Executive There being no objection, the bill was whom— Schedule under section 5315 of title 5, United (1) 1 shall be appointed by the President; ordered to be printed in the Record, as States Code, for each day (including travel (2) 1 shall be appointed by the majority time) during which such member is engaged follows: leader of the Senate; in the performance of the duties of the Com- S. 3269 (3) 1 shall be appointed by the minority mission. All members of the Commission Be it enacted by the Senate and House of Rep- leader of the Senate; who are officers or employees of the United resentatives of the United States of America in (4) 1 shall be appointed by the Speaker of States shall serve without compensation in Congress assembled, the House of Representatives; and addition to that received for their services as SECTION 1. SHORT TITLE. (5) 1 shall be appointed by the minority officers or employees of the United States. This Act may be cited as the ‘‘Commission leader of the House of Representatives. (b) TRAVEL EXPENSES.—The members of on the Comprehensive Study of Voting Pro- (b) DATE OF APPOINTMENT.—The appoint- the Commission shall be allowed travel ex- cedures Act of 2000’’. ments of the members of the Commission penses, including per diem in lieu of subsist- SEC. 2. FINDINGS. shall be made not later than 30 days after ence, at rates authorized for employees of Congress finds that— the date of enactment of this Act. agencies under subchapter I of chapter 57 of (1) Americans are increasingly concerned (c) TERMS.—Each member of the Commis- title 5, United States Code, while away from about current voting procedures; sion shall be appointed for the life of the their homes or regular places of business in (2) Americans are increasingly concerned Commission. the performance of services for the Commis- (d) VACANCIES.—A vacancy in the Commis- about the speed and timeliness of vote sion. sion shall not affect its powers, but shall be counts; (c) STAFF.— filled in the same manner in which the origi- (3) Americans are increasingly concerned nal appointment was made. (1) IN GENERAL.—The Chairperson of the about the accuracy of vote counts; (e) MEETINGS.— Commission may, without regard to the civil (4) Americans are increasingly concerned (1) IN GENERAL.—The Commission shall service laws and regulations, appoint and about the security of voting procedures; meet at the call of the Chairperson or a ma- terminate an executive director and such (5) the shift in the United States is to the jority if its members. other additional personnel as may be nec- increasing use of technology which calls for (2) INITIAL MEETING.—Not later than 30 essary to enable the Commission to perform a reassessment of the use of standardized days after the date on which all members of its duties. The employment of an executive technology for Federal elections; and the Commission have been appointed, the director shall be subject to confirmation by (6) there is a need for Congress to establish Commission shall hold its first meeting. the Commission. a method for standardizing voting proce- (f) QUORUM.—A majority of the members of (2) COMPENSATION.—The Chairperson of the dures in order to ensure the integrity of Fed- the Commission shall constitute a quorum, Commission may fix the compensation of the eral elections. but a lesser number of members may hold executive director and other personnel with- SEC. 3. ESTABLISHMENT OF COMMISSION. hearings. out regard to chapter 51 and subchapter III of There is established the Commission on (g) CHAIRPERSON AND VICE CHAIRPERSON.— chapter 53 of title 5, United States Code, re- the Comprehensive Study of Voting Proce- The Commission shall select a Chairperson lating to classification of positions and Gen- dures (in this Act referred to as the ‘‘Com- and Vice Chairperson from among its mem- eral Schedule pay rates, except that the rate mission’’). bers. of pay for the executive director and other SEC. 4. DUTIES OF THE COMMISSION. SEC. 6. POWERS OF THE COMMISSION. personnel may not exceed the rate payable (a) STUDY.—Not later than 1 year after the (a) HEARINGS AND SESSIONS.—The Commis- for level V of the Executive Schedule under date of enactment of this Act, the Commis- sion may hold such hearings for the purpose section 5316 of such title.

VerDate 14-NOV-2000 23:52 Nov 14, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.008 pfrm02 PsN: S14PT1 S11514 CONGRESSIONAL RECORD — SENATE November 14, 2000 (d) DETAIL OF GOVERNMENT EMPLOYEES.— haps report back to Congress in due to ensure the votes are counted with Any Federal Government employee may be time. I understand the Senator said he precision, accuracy, and fairness. The detailed to the Commission without reim- wanted 1 year to report back, if I am American people know how important bursement, and such detail shall be without not mistaken. is one of the bedrocks of our great de- interruption or loss of civil service status or privilege. Mr. SPECTER. If the distinguished mocracy, the idea no matter how rich (e) PROCUREMENT OF TEMPORARY AND Senator will yield. or poor, powerful or weak, no matter INTERMITTENT SERVICES.—The Chairperson of Mr. HARKIN. I yield. what race, creed, or sex, the vote of the Commission may procure temporary and Mr. SPECTER. The legislation pro- every American counts equally: One intermittent services under section 3109(b) of vides that the commission would have person, one vote. title 5, United States Code, at rates for indi- 1 year to complete a study and then 6 We can all agree this Presidential viduals which do not exceed the daily equiva- additional months to file a report. It is election is one of the closest in our Na- lent of the annual rate of basic pay pre- structured to be bipartisan, with the tion’s history. Now it appears that Vice scribed for level V of the Executive Schedule leadership of the House and Senate President AL GORE has won the popular under section 5316 of such title. each having one appointee and the vote. He currently leads by about SEC. 8. LIMITATION ON CONTRACTING AUTHOR- ITY. President having a fifth appointee, so 223,000 votes. He also, right now, is Any new contracting authority provided the bipartisanship would be assured. ahead in the electoral college, but that for in this Act shall be effective only to the If I may add, it is well known the electoral college outcome is much less extent, or in the amounts, provided for in ad- Senator from Iowa and I worked very clear. At this point, whichever can- vance in appropriations Acts. closely together on the Subcommittee didate wins Florida probably wins the SEC. 9. TERMINATION OF THE COMMISSION. on Labor, Health and Human Services, Presidency, and right now, according The Commission shall terminate 30 days and Education. We just had a brief in- to the latest reports, only 388 votes after the date on which the Commission sub- formal discussion, so I may have separate the two candidates. To put it mits its report under section 4. picked up a cosponsor here before 12:30. in context, that is .0067 percent of the SEC. 10. RULE OF CONSTRUCTION. Mr. HARKIN. I think you might. In votes in Florida. Nothing in this Act shall be construed to fact, in my comments I was going to Frankly, I think we can all agree the prohibit the enactment of an Act with re- talk about that. Obviously, we are spirit of ‘‘whatever it takes to win and spect to voting procedures during the period thinking along the same lines. I really in which the Commission is carrying out its to heck with the will of the voters’’ has duties under this Act. do believe there ought to be more uni- no place in American politics. So I was SEC. 11. AUTHORIZATION OF APPROPRIATIONS. formity, especially in national elec- pleased to see the initial polling shows (a) IN GENERAL.—There are authorized to tions, on the type of equipment that is that these efforts have failed. Accord- be appropriated such sums as may be nec- used. I must admit, being from Iowa, ing to a recent Newsweek poll, 72 per- essary to the Commission to carry out this we don’t use punch cards. That went cent of American adults believe that Act. out years ago. I was quite surprised making certain the count is fair and (b) AVAILABILITY.—Any sums appropriated some States were still using punch accurate is more important than rush- under the authorization contained in this cards. Really, they are open to all ing to judgment to get matters re- section shall remain available, without fiscal kinds of problems. Some States still solved quickly. year limitation, until expended. use the old lever, the old hand-cranked Yes, democracy is slow. Yes, democ- The PRESIDING OFFICER. Who machines. racy takes time. But it is worth it, and seeks recognition? I don’t know; does the Senator know the American people understand that. The Chair recognizes the Senator how many different types of voting ma- There is no crisis. We should take our from Iowa. chines are used in the United States time, and we should determine accu- Mr. HARKIN. Mr. President, I under- today? rately what the will of the voters real- stand we are in morning business; and Mr. SPECTER. If the Senator will ly is. we can speak for up to how long? yield, I do not. There are even different Much has been said of the hand The PRESIDING OFFICER. Up to 5 kinds of machines used in Pennsyl- counting of ballots in Florida, as if minutes, with each side controlling 10 vania, and there are still many paper that were something strange and new. minutes total. ballots which are being used. It is as- We do hand counting of ballots all the Mr. HARKIN. Mr. President, I com- tounding not to have rapid, accurate time for sheriff, for local county commend and congratulate my friend and results on election night, with commissioner—all the time. This is done at colleague from Pennsylvania for intro- puters being what they are and the pos- every election in the United States, ducing this legislation to set up a com- sibilities of electronics. This may be a Federal and State and local, when it is mission. I think it is very timely. matter on which the Federal Govern- very close. Why is the office of Presi- I would just say to my friend from ment will have to do some financing. dent less important than local sheriff? Pennsylvania, it seems that one of the The study ought to be made. Congress It seems to me if hand counting of a things I have picked up in traveling ought to consider it and try to solve at ballot is important for the local sher- around Iowa is that people are deeply least a big part of this problem. iff’s race, it is equally important, even concerned and somewhat unnerved by Mr. HARKIN. I thank the Senator for more important, for the highest office the fact that we have all these dif- his leadership on this issue. of the land. ferent types of voting machines around Mr. REID. Mr. President, I ask unan- It has been said that machines are the United States. We are a mobile so- imous consent the remainder of the neither Democratic nor Republican. ciety. We move a lot. We go from one Democratic time be allotted to the That is true. But let’s keep in mind, jurisdiction to another. You can go Senator from Iowa. the only reason we use voting ma- from one county to another and have a The PRESIDING OFFICER. Without chines in this country is, No. 1, it is completely different system of voting objection, it is so ordered. cheaper and, No. 2, it is quicker. Still, on machines. Plus, some of these are Mr. HARKIN. I thank the Senator the most accurate way to determine really outdated. We have technology from Nevada. each person’s vote is to have that per- today that really can ensure that your I note many Americans have ex- son walk into a voting place, give each vote is as you want it and that there pressed concern about the time it is a paper ballot, and have each go in are no mistakes made unless you inten- taking to determine whom the Amer- there and mark the boxes with an x, tionally want to do something such as ican people elected as President last fold the ballot, step out, and put it in that. We just have not adopted that Tuesday. We just came out of a meet- a box. Then when the polls close, a new technology. ing. A bunch of reporters stopped me committee looks at these ballots and I think the proper course would be to just off the floor, talking to me about counts each one. That is clearly the set up some type of commission, give the crisis and shouldn’t we have to get most accurate way of counting votes. them the proper funding, and make this resolved. I said: Wait a minute, Why don’t we do that in America? sure it is a bipartisan commission that there is no crisis in this country right Obviously, you would not know the would be evenly divided, that could go now. Frankly, I am heartened to see outcome of elections for months after- out and look at these things and per- that most Americans’ first priority is wards because it would take that long

VerDate 14-NOV-2000 23:52 Nov 14, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.002 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11515 to hand count all the ballots. Second, ment so that staff could complete cer- LOTT or his designee be recognized for it would be prohibitively expensive. tain paperwork. So it may be under- up to 15 minutes. But the idea that somehow machines stood why I asked for the quorum call The PRESIDING OFFICER. Without are more accurate than human counts and asked that it be rescinded so objection, it is so ordered. is just nonsensical. It is just not true. promptly. On behalf of our distin- Mr. MURKOWSKI. I thank the Chair. The human count is still the most ac- guished majority leader, I have been The PRESIDING OFFICER. The Sen- curate. asked to make this unanimous consent ator from Nevada is recognized. When the votes are really close and request. Mr. REID. Mr. President, I indicated to the majority leader I would indicate when the office is at stake because of f the closeness of the votes—.0067 per- when I came back how many speakers cent of the votes in Florida, as I stand MAKING FURTHER CONTINUING we have. Senator DODD indicated he here—it is incumbent upon us to do APPROPRIATIONS FOR THE FIS- wants to speak for half an hour. Sen- what we would do in a local sheriff’s CAL YEAR 2001 ator HARKIN will speak for 15 minutes. The Democratic leader, Senator race or supervisor’s race, and that is to Mr. SPECTER. Mr. President, I ask DASCHLE, wishes to speak for 15 or 20 hand count these ballots. unanimous consent that the Senate minutes. Those are the only speakers Again, having said that, I will have now turn to the consideration of the we have had request time on this side. more to say about it later on this continuing resolution, H.J. Res. 125, If there are any others, I will be happy afternoon. I see the hour is 12:30 so the funding the Federal Government to inform the Chair. time has come for our recess. We will through December 5, 2000; that the be back in at 2:15. At that time, I want Mr. MURKOWSKI. Mr. President, in joint resolution be read the third time view of the request of the minority, I to explore a little further the idea of and passed, and the motion to recon- having a standardized procedure for ask unanimous consent that following sider be laid upon the table, all without the 15 minutes allotted to Senator standardized voting machines for the any intervening action, motion, or de- LOTT or his designee, there be an addi- entire country, one on which people bate. can rely no matter where they live. tional period for morning business The PRESIDING OFFICER. Is there until 4:15, with the time equally di- People move all the time. They should objection? Without objection, it is so not have to be confronted with dif- vided between the two leaders or their ordered. designees. ferent voting machines. The joint resolution (H.J. Res. 125) Mr. President, I ask unanimous con- Mr. REID. Reserving the right to ob- was read the third time and passed. ject, I just add to that unanimous consent to be listed as a cosponsor of the Mr. REID. Mr. President, it is my un- legislation just introduced by Senator sent request that during that period of derstanding that when we come back time, Senator DODD be recognized for SPECTER of Pennsylvania. at 2:15, there will be a time for morning The PRESIDING OFFICER. Without up to 30 minutes, and the Democratic business. leader for up to 20 minutes. objection, it is so ordered. The PRESIDING OFFICER. That is Mr. HARKIN. Has the hour of 12:30 Mr. MURKOWSKI. It is my under- correct. arrived, Mr. President? standing that will be off of their time. Mr. SPECTER addressed the Chair. Mr. SPECTER. I suggest the absence Mr. REID. Yes. The PRESIDING OFFICER. The Sen- of a quorum. The PRESIDING OFFICER. Without The PRESIDING OFFICER. I think ator from Pennsylvania. objection, it is so ordered. the resolution we have been waiting for f Mr. MURKOWSKI. The time will be equally divided between the two sides. has arrived. UNANIMOUS CONSENT Mr. HARKIN addressed the Chair. I thank the Chair and I trust that AGREEMENT—H. CON. RES. 442 The PRESIDING OFFICER. The Sen- meets the requests of all interested ator from Iowa. Mr. SPECTER. Again, on behalf of Senators. Mr. HARKIN. Mr. President, par- the majority leader, I ask unanimous The PRESIDING OFFICER. The Sen- liamentary inquiry: I understand that consent that when the Senate receives ator from Missouri is recognized. the Senate will reconvene at 2:15. the adjournment resolution from the Mr. BOND. Mr. President, I request 5 The PRESIDING OFFICER. The Sen- House, the resolution be agreed to and minutes of the time the majority lead- ator is correct. the motion to reconsider be laid upon er has reserved. Mr. HARKIN. Mr. President, I ask the table, all without any intervening Mr. MURKOWSKI. Mr. President, on unanimous consent that when the Sen- action, motion, or debate. behalf of the majority leader, I yield 5 ate reconvenes at 2:15 I be recognized The PRESIDING OFFICER. Is there minutes to the Senator from Missouri. for up to 15 minutes to finish my state- objection? The PRESIDING OFFICER. Senator ment. Mr. REID. No objection. from Missouri is recognized. The PRESIDING OFFICER. I think The PRESIDING OFFICER. Without f we have a previous consent agreement objection, it is so ordered. OSHA ERGONOMICS RULE that allows for each of the leaders to f Mr. BOND. Mr. President, I rise to present a list of those who wish to call to the attention of my colleagues speak. RECESS and the many people across this Nation Mr. HARKIN. I did not hear the The PRESIDING OFFICER. Under President. the fact that the Occupational Safety the previous order, the hour of 12:30 and Health Administration has rushed The PRESIDING OFFICER. I guess it having arrived, the Senate will now is not an actual unanimous consent re- to judgment and published a huge, ex- stand in recess until the hour of 2:15 tremely burdensome ergonomics rule. quest. p.m. Is there objection to the request? They had talked about this previously Thereupon, the Senate, at 12:33 p.m., Without objection, it is so ordered. with bipartisan support. We had in- recessed until 2:15 p.m.; whereupon, the Mr. SPECTER. Mr. President, I sug- cluded in the Labor-HHS bill, as well as Senate reassembled when called to gest the absence of a quorum. others, legislative vehicles stating that The PRESIDING OFFICER. The order by the Presiding Officer (Mr. they should not go forward with this clerk will call the roll. FITZGERALD). measure because of the burdens it im- The assistant legislative clerk pro- The PRESIDING OFFICER. The act- posed. I have in my hand the volumi- ceeded to call the roll. ing majority leader is recognized. nous computer printout of the rule. I Mr. SPECTER. Mr. President, I ask f chair the small business committee, unanimous consent that the order for and I can just see the thrill and excite- the quorum call be rescinded. ORDER OF PROCEDURE ment with which a small business will The PRESIDING OFFICER. Without Mr. MURKOWSKI. On behalf of the view this rule coming down on their objection, it is so ordered. majority leader, I ask unanimous con- backs. Mr. SPECTER. Mr. President, I had sent that following the 15 minutes al- I hope this body can take action to asked for a quorum call for just a mo- lotted to Senator HARKIN, Senator stop the implementation of this rule

VerDate 14-NOV-2000 23:52 Nov 14, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.010 pfrm02 PsN: S14PT1 S11516 CONGRESSIONAL RECORD — SENATE November 14, 2000 until OSHA itself and the scientific Mr. HARKIN. Mr. President, I under- law cannot possibly be completed by evidence can provide real guidance to stand I am recognized for up to 15 min- that point in time. small business and other businesses on utes. In America, we are certainly used to how to reduce ergonomics injuries. The PRESIDING OFFICER. That is getting results of our elections from In the last 7 years, the incidence of correct. the news networks almost immediately ergonomics injuries has gone down by a f after the polls close, sometimes 3 or 4 third—26 percent in carpal tunnel syn- hours later in relatively close elections THE CLOSEST ELECTION IN OUR drome and 33 percent in tendonitis. It but almost certainly the next morning. NATION’S HISTORY is in the interest of employers and em- However, we have to realize that what ployees to reduce to the greatest ex- Mr. HARKIN. Mr. President, as I said we heard from the networks early on tent possible the very painful, time- this morning, we can certainly all election night were not actual election consuming and profit-consuming im- agree that this Presidential election is results but exit poll results based on a pact of ergonomics injuries. one of the closest in our Nation’s his- very few counted ballots. When the dif- Well, OSHA decided they had been tory. While AL GORE appears to have ference between the candidates falls working on this for a long time and won the popular vote, leading by 223,000 below a couple of points, we have to they wanted to get something out the votes, the electoral college outcome is wait for an actual vote count. When door before the Clinton administration much less clear, even though Vice the difference falls below a few tenths left office. Our political friends said we President GORE also leads in the elec- of 1 percent, we have to wait for a care- have to have an ergonomics rule. This toral college vote at this time. At this ful recounting of the votes. overrules State workers compensation point, whichever candidate wins Flor- There are several important reasons laws and tells employees if they have ida will probably win the Presidency. for these procedures. First, precinct an ergonomics injury, they can collect Right now, according to the latest re- and county election officials are deal- more workers comp than the State pro- ports, only 388 votes separate the two ing with many numbers quickly on vides them. We are overruling State candidates. That is 0.0067 percent of the election night. Mistakes are unavoid- workers comp laws. votes in Florida—less than seven-thou- able. But in this case, where the dif- It also tells employees that if you get sandths of 1 percent. ference is not 1 percent or a half per- an ergonomics injury—say you are in a Yet when it appeared that the ex- cent but less than seven one-thou- bowling league on your own time, or tremely close vote in Florida would de- sandths of 1 percent, or just over 300 you are crocheting in the evening and cide the election, rather than waiting votes out of over 5 million cast, we you come up with an ergonomics infor a careful counting of the ballots as cannot allow any room for error. jury—if that is made worse by the job required by Florida law, the Bush cam- The very machines that we use to that you are doing, then your employer paign pushed for acceptance of the cur- count votes are prone to inaccuracies. has had it. This ergonomics rule rent count. The American people dis- The inaccuracies in some Florida coun- doesn’t give any sound guidelines on agree. According to a recent Newsweek ties occurred because not all voters how employers and employees working poll, 72 percent of American adults be- marked their ballots to the preset ma- together can reduce ergonomics inju- lieve that making certain the count is chine standards. In some cases, they ries. That is what we need from OSHA, fair and accurate is more important were using punch cards. Well, people not a punitive measure which says if than rushing to judgment to get mat- don’t always push the paper dot out of somebody has an ergonomics injury, ters resolved quickly. Democracy is the hole, and sometimes they don’t to- you are dead; your workers comp ac- slow, yes; democracy takes time, yes; tally fill in the circle with the No. 2 count is going to be held hostage and but democracy is still the fairest sys- lead pencil; thus, the machines can’t you are going to be subject to lawsuits. tem of all, and the American people un- All this says is, that if the highway always detect these votes. In a typical speed limit sign says don’t drive too derstand that. election, this isn’t a problem. It was very discouraging that just fast and you are driving down the road Election officials know that one out days after the Bush campaign sharply at what you think is a reasonable speed of every so many votes won’t be count- criticized our respected former Sec- and a State trooper flags you over and ed by machines. I wonder how many says: You know what, you were going retary of State, Warren Christopher, American people know it is a given fact 40 miles an hour, and I think 35 miles for leaving open the possibility of seek- that one out of so many votes will not an hour is a reasonable speed, so you ing judicial review of highly question- be counted by a machine. They are are guilty. That is precisely what they able portions of the process, the Bush very inaccurate. In an election where propose to do with this ergonomics reg- lawyers themselves went to Federal one candidate wins by 5 percent or 8 ulation, and it affects businesses of all court to block a hand recount of ques- percent of the vote, these inaccuracies sizes. tionable ballots—a process that is gen- make very little difference in the final I have talked to soft drink distribu- erally recognized as much more accu- outcome. tors who say: If we don’t go out of busi- rate than machine counting. But in an election as close as this, ness, we are going to have to buy I also find it highly ironic that the every single one of these votes matters. equipment and get rid of employees to Bush lawyers chose to try to block a We have to count every single last one have machines doing the work. You hand recount when they themselves, of them. No American should be can talk to people in the delivery busi- according to news reports, supported a disenfranchised because of a mechan- ness—express delivery or any other de- hand recount in New Mexico. In fact, in ical error. That is why I believe we livery business—and they know that no 1997, Governor Bush himself signed a have to be patient and allow the proc- matter what they try to do, even if Texas law that seems to encourage ess to continue. they continue to reduce the incidence hand recounts of disputed votes. Again, former Secretary of State of ergonomics injuries, any time there Now, as we all know, just a few hours James Baker keeps saying that we is an ergonomics injury, they are going ago, the latest attempt to block a com- have already counted the votes twice. to be held responsible even if they plete and fair count has been upheld by But what he doesn’t mention is that didn’t initially cause it. Well, we have a court in Florida, although an appeal these counts were both done with ma- the Small Business Regulatory En- is expected shortly, if in fact it hasn’t chines that have error rates far larger forcement and Fairness Act and we happened by now. than the percentage of votes separating have lawsuits that are about to be filed The court ruled that Florida’s Sec- the two candidates. Machine error by many organizations representing retary of State, who was an active rates are far higher than seven-thou- small business. I support those law- Bush supporter and traveled around sandths of 1 percent. Mr. Baker says suits. I hope this body can act to stop the Nation on his behalf, could cut off that machines don’t have bias, that the implementation of this draconian the county’s recount efforts at 5 p.m. they are neither Democratic nor Re- rule. this afternoon. She made the decision publican. I keep hearing this state- I yield the floor. to end the count at that time, 5 p.m. ment. The PRESIDING OFFICER. The Sen- today, knowing full well that the hand It is also true that machines are far ator from Iowa now has 15 minutes. count of the ballots allowed by Florida too inaccurate for the kind of count we

VerDate 14-NOV-2000 23:52 Nov 14, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.022 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11517 need in this election. These machines What, you have counted 200 ballots, weeks to make a clear determination. I just cannot count all those ballots the vote has changed by 2, that could believe that is in our best interests. where the hole is not completely be 30 or 40 votes out of 4,000 ballots. Slow down. We are not in any hurry. punched or the circle is not completely That could reverse the original improp- What is the rush to judgment? Let’s filled in. Only human beings who can erly counted outcome. take our time. Whoever is the Presi- see whether someone tried to punch That is exactly what is happening in dent, is going to be President for the through the paper or make a mark can Florida on a much larger scale than next 4 years. I submit what is impor- do that. To those who say that ma- the local sheriff’s race to which I just tant at this point in time is not wheth- chines are more accurate than human alluded. er Vice President GORE is the Presi- beings counting ballots I would just Secretary Baker protested that the dent-elect or Governor Bush is the ask: Have you ever gotten a phone bill election officials in control of the Flor- President-elect. That is not what is im- that was inaccurate? How about your ida counties being recounted are Demo- portant right now. What is important credit card bill? Machines make mis- crats. I find it interesting he is not pro- right now is the sanctity of each per- takes all the time. If you are not care- testing that the chief election official son’s vote; to make sure that each per- ful in catching them, you may be pay- in Florida is a Republican, the very of- son’s vote is counted properly. That is ing a little too much on your phone bill ficial who decided today to suspend the what is important here. If we know— when you pay it. That is why we care- ballot counting at 5 p.m. The Secretary and we do know—that machines make fully look over our bills. The only way also neglected to mention there are Re- mistakes, and we have seven-thou- to really accurately get a count is publicans sitting in the counting sandths of a percent dividing these two through the time tested, old-fashioned rooms, monitoring the count to elimi- candidates in the State of Florida, then way of counting these ballots. nate even the slightest possibility of the most fair way to do it is to hand re- Why do we use voting machines? We partisanship. To this day I have not count these ballots. do not use voting machines because read or heard a single word in the For the life of me I do not understand they are more accurate. We use voting newspaper or on the media anywhere to why the Bush campaign is so opposed machines because, No. 1, they are suggest that any improprieties in hand to this. As I said earlier, we have hand quicker and, No. 2, they are less expen- recounts have occurred. The American recounts. sive. They do not cost as much. Still, people can be satisfied that hand re- The PRESIDING OFFICER. The 15 the most accurate way of determining counts are accurate and fair. minutes of the Senator has expired. every person’s vote is to have people Again, what has happened today with Mr. HARKIN. I ask unanimous con- walk into a voting place; you hand the Secretary of State saying at 5 p.m. sent for 5 additional minutes. them a paper ballot. They walk into we have to have all the ballots in and The PRESIDING OFFICER. Without the booth; they take their pencil and stop counting the hand ballots—that is objection, it is so ordered. they mark the X in the box or circle; like in the local sheriff’s race, you have Mr. HARKIN. As I said earlier, we they fold the ballot, stick it in the box, counted 200 ballots out of 4,000, the have hand recounts every election in and when the polls close those ballots votes have changed a couple, and the the United States. Most often they are are hand counted by human beings, im- election official says: Don’t count any- on more local elections such as elec- partial panels—one from each party, more. I think the American people un- tions for county supervisor, maybe a let’s say—counting these ballots. derstand this. They get it. You cannot State representative. But it is not un- If that is the most accurate way, why just count a few and say we are going heard of to have hand recounts for the don’t we do that in America? Because to stop there. House of Representatives or for the in a national election such as this it In our democracy, victory is deter- U.S. Senate. It is just that we have would take maybe a couple of months mined by who gets the most votes in never had a Presidential election this to count all the ballots nationwide, and each State. I see no harm in waiting to close. So if it is fair and logical and in we want to know before then what the make sure each count is fair and accu- the best interests of ensuring that results are. Plus the cost of paying hu- rate. The electoral college doesn’t vote every voter’s vote is counted accu- mans to sit there and count the ballots until December 18, and their votes are rately, if it is in our best interests to would be exorbitant. So we must dis- tentatively set to be counted by a joint do that in a race for sheriff, is it not abuse ourselves of this false notion session of Congress on June 6, 2001. So even more in our interest to have that that somehow voting machines are we have plenty of time to make sure kind of hand recount in this race for more accurate. They are not. The most the true winner is named. So I submit the Presidency of the United States? accurate is still hand counting those the most fair and most accurate way of I believe those who are somehow try- ballots. determining who won the electoral ing to stop the hand recount in Flor- We have to remember also that there votes of Florida, because that is what ida, trying to say let’s just take the is nothing exceptional about con- is in contest right now, the electoral machine count whatever it is and we ducting a recount. Both hand recounts votes in Florida—the best way to de- will live by that, or I guess with some and machine recounts are common in termine that is to have a hand recount overseas ballots that are due in, know- close elections. This happens all over of all the ballots in Florida. I am told ing full well the margin of error in the America in every election. We have re- by those knowledgeable of this situa- machines is more than the percentage counts even in local sheriffs’ races. tion this could be done within probably difference in the two votes—if you are Imagine. Let’s take the Florida race. 10 days to 2 weeks at the most. This making that argument, what you are Let’s bring it home to a county. Let’s could be done and then we would know basically saying is the most important say we are having a sheriff’s race in a with a finality and a certainty just thing is to stop the process right now. county and let’s say there were 4,000 who is selected to be the next Presi- That is more important than deciding votes cast in the sheriff’s race, 2003 for dent of the United States. If we do not the fairness and accuracy of each per- one candidate, 1,997 for the other. The do this, a cloud is going to hang over son’s vote. county says it is too close; we are whoever is chosen to be the next Presi- There is no crisis in America. Frank- going to have a recount. They start dent. ly, I disagree with Secretary Baker hand recounting it. They hand recount I think that is the proper way to pro- completely. This morning he was say- 200 ballots out of the 4,000 and the out- ceed. It is improper, illogical, and not ing the markets are now going to be come changes by 2 votes. Now, instead in the best interests of fairness and ac- upset by this. That is nonsense. That is of being separated by 6 votes, the can- curacy to stop the hand counting of just nonsense. The American people didates are separated by only 4 votes. ballots when only a few have been hand understand this. There is no crisis in Let’s say the top ranking election of- counted. I understand about 1 percent America. We are going about our busi- ficial in the county comes in and says: of the ballots in a couple of counties ness. People are getting up and going Stop counting. You have counted 200 have been counted at this time. to work every day. Nothing is hap- ballots; you cannot count anymore. With States such as Florida in ques- pening. We can take our time. The What do you think the outcry would be tion and with candidates separated by President-elect is not sworn in until like in that county? a tiny vote margin, it may take a few January 20. We have time to make sure

VerDate 14-NOV-2000 23:52 Nov 14, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.025 pfrm02 PsN: S14PT1 S11518 CONGRESSIONAL RECORD — SENATE November 14, 2000 the vote is accurate and fair. There is we are a mobile people, we move from est product industries that form the no need to pull the curtain down and one State to another, one area of a backbone of the economy in the most say, no, we have to end it right now, State to another, they can go and be economically challenged area of Maine. when so much is in doubt, when the totally confused by a voting machine The cruel irony underlying the decision race is so close, and when a fair and ac- that is different than what they had is that Maine believed it had laid the curate counting of the ballots may used the election before. So I wonder issue to rest some three years ago move it one way or the other. aloud about maybe standardizing vot- when the Services withdrew a proposed I do not know; maybe Mr. Bush will ing machines throughout the country listing and joined with the State in win the election. As I have said, it is so, no matter where you go, you have pursuing the Maine Salmon Conserva- not important right now whether Mr. the same voting machine that you had tion Plan. On December 15, 1997, the Bush wins or Mr. GORE wins. What is before. Services announced they were with- important is that every voter’s vote in I also believe we have to look at the drawing their proposed listing of At- Florida is counted accurately and latest technology—it exists—which lantic salmon to pursue a ‘‘cooperative counted fairly, and whether that takes could reduce to the barest possibility recovery effort spearheaded by the us 10 days or 12 days or 2 weeks, I be- that a person does not vote for whom State of Maine.’’ At that time Sec- lieve the American people deserve to he or she wants to vote. There are retary of the Interior Bruce Babbitt have those votes counted fairly and ac- interactive devices; I have seen them announced: curately. demonstrated myself, devices that any We are unlocking the full potential of riv- Earlier today my colleague from person with a disability, whether you ers in Maine and opening a new chapter in Pennsylvania, Senator SPECTER, intro- are blind or deaf or whatever you conservation history. The governor showed duced a bill proposing the formation of great leadership in forging this collabora- might be, could use alongside anybody tion, which will enhance the ecology and a commission to examine methods to else. It wouldn’t differentiate. economy of the state for years to come. The reduce the miscounting of votes at the It would ensure that when you seven rivers will continue to attract more polls. I have cosponsored that legisla- walked out of that booth, you knew ex- anglers, boaters and other sportsmen who tion with him because I believe we do actly for whom you voted or for what will help grow and sustain new jobs and rev- need to look at this situation. I think you voted in terms of some of the reso- enue as the rivers continue to stand as a we should carefully examine alter- lutions and other items that are on the model for the nation. natives, given the experience we are ballots. At the same time, Assistant Sec- now going through. We should examine If nothing else, we ought to be about retary of Commerce for Oceans and At- the electoral college. Maybe it is not this in the next session of Congress. I mosphere and NOAA Deputy Adminis- perfect, but I happen to think it may commend my colleague from Pennsyl- trator Terry Garcia praised Maine’s be more perfect than a direct election vania for introducing this legislation salmon conservation plan with these but I am willing to look at it. Perhaps in this session, and I look forward to words: we could allocate the elector’s votes by cosponsoring it with him when we meet This plan, which was developed by a state- electoral district as Nebraska and again in January. appointed task force with input and advice Maine have decided to do. Perhaps we I thank the Chair. I yield the floor. from federal fisheries scientists, is an innovative effort to resolve the real world con- should consider automatically giving The PRESIDING OFFICER (Mr. L. flicts that occur when preserving a species these electoral votes to whoever wins CHAFEE). The Senator from Maine. clearly means rethinking traditional uses of the State, rather than electing indi- Ms. COLLINS. Mr. President, I ask a river. Our decision to protect salmon vidual electors who could actually vote unanimous consent that I be permitted through this plan rather than through a list- against the will of the voters in their to proceed in morning business for 15 ing under the Endangered Species Act high- areas. But I am intrigued by having minutes. lights the ESA’s flexibility and our willing- electoral votes determined by congres- The PRESIDING OFFICER. Without ness to consider state-designed plans. sional districts as Maine and Nebraska objection, it is so ordered. Bruce Babbitt’s and Terry Garcia’s do, as I said. f statements purported to highlight the We ought to consider providing coun- ESA’s flexibility and the Services’ will- ATLANTIC SALMON LISTING ties and States the necessary funds to ingness to consider state-designed con- DECISION assist them in modernizing and stand- servation plans. But the decision to list ardizing their voting methods. Al- Ms. COLLINS. Mr. President, it is Atlantic salmon exposes the state- though it may be somewhat more ex- with great disappointment that I rise ments as hollow rhetoric and reflects a pensive—we don’t know—there is vot- today to comment on the decision an- policy of inflexibility and of rejecting ing technology that exists and is used nounced yesterday by the U.S. Fish and potentially effective state plans as al- today, or some of it may be not used, Wildlife Service and the National Ma- ternatives to listing. In the end, Sec- that could reduce voting errors and er- rine Fisheries Service to list as endan- retary Babbitt and Mr. Garcia reneged rors in vote tally. No technology will gered Atlantic salmon in Maine. The on their commitment to work with the completely eliminate inaccuracies, but decision represents an opportunity lost state, within the framework of the this election clearly demonstrates our and reflects a process gone badly state plan. current methods must be improved. astray. It also raises serious questions The Services have taken the implicit That is why I joined with Senator about the mechanics of the Endangered position that they are under no legally- SPECTER to cosponsor this legislation. I Species Act, a law that I support, and binding obligation to abide by their really do believe we need a more stand- how the Services have chosen to inter- earlier commitments to work with the ardized methodology of voting ma- pret and follow its dictates. state through the Maine Salmon Con- chines in this country. I rise also out of deep concern for the servation Plan. In proposing the salm- I asked my staff earlier, How many Atlantic salmon. The rivers of Maine on listing, they abandoned the Plan, different kinds of voting machines do once played host to magnificent runs of which the Services relied on to with- we have in this country? We have Atlantic salmon. Scores of fish re- draw their 1995 proposal to list Atlan- looked at this question and we do not turned each year to the streams where tic salmon as threatened. Indeed, in know the answer. they were born after two- or three-year withdrawing the proposed listing three The PRESIDING OFFICER. The Sen- journeys out to sea, venturing thou- years ago, the Services referred to the ator’s additional 5 minutes have ex- sands of miles off the coast of Maine, Plan as ‘‘a comprehensive collection of pired. as far away as Newfoundland. The measures and protective actions that Mr. HARKIN. I ask unanimous con- question is, ‘‘What is the best way to offer[s] a positive benefit to the spe- sent for 2 additional minutes. protect and restore these extraordinary cies’’ and as a substitute for listing. The PRESIDING OFFICER. Without fish?’’ Moreover, at the time, the Services objection, it is so ordered. Yesterday’s announcement is no signed a statement of cooperation with Mr. HARKIN. We do not know how small matter to my home State. It has the State of Maine to support the Plan many different kinds of voting ma- serious implications for the aqua- as the means toward restoring Atlantic chines there are in this country. Since culture, blueberry, cranberry, and for- salmon in the seven identified rivers.

VerDate 14-NOV-2000 00:32 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.027 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11519 In short, the Services gave every indi- ‘‘highlight[ing] the ESA’s flexibility now claim to be a genetically distinct cation that they were committing to and [the Services’] willingness to con- population segment. Over eight years the Plan as an alternative to listing sider state-designed plans.’’ Today, the in the 1960s, 136,500 parr and 65,700 the salmon under the Endangered Spe- Plan has been rejected as not ‘‘ade- smolt—100 percent of which came from cies Act. quately address[ing] the increasing rivers in Canada—were stocked in the And that is precisely how the ESA is threats salmon are facing from aqua- Sheepscot river. As late as 1990 and meant to operate. Listing determina- culture, fish disease, habitat modifica- 1991, 13 percent of a substantial stock- tions may not be made until the Serv- tion and catch-and-release fishing.’’ No ing effort used fish from New Bruns- ices take ‘‘into account those efforts, if compelling record has been established wick. any, being made by any State * * * to indicating that the Plan has not met In fact, from 1970 to 1992, while many protect such species.’’ As one court re- its interim goals. No request was made substantial stocking efforts occurred cently put it, ‘‘The ESA specifically re- to modify the Plan. It was simply putting millions of fry, parr, and smolt quires [the Services] to consider con- abandoned. in these Maine rivers, not a single ef- servation efforts taken by a state to The Services contend that the pro- fort used salmon from the home river. protect a species.’’ By its own terms, posed rule was the direct result of a In a stocking program 128 years old, the ESA also encourages states ‘‘to de- status review that they conducted only in the last seven years have river- velop and maintain conservation pro- some time in 1999 and issued in October specific salmon been used. For the grams.’’ This means that the Services of that year. Yet, the Status Review is Services now to try to claim that the can and should rely on a competent riddled with logical fallacies and fish in the eight rivers constitute a dis- state plan to avoid listing a species as unsupportable conclusions. Moreover, tinct population segment after this threatened or endangered. In Defenders its timing presents cause for concern. massive, century-long effort designed of Wildlife v. Babbitt, decided just last Under the ESA, ‘‘species’’ is defined purposefully to introduce fish from year, the court ruled that the Fish and to include any ‘‘distinct population other rivers and other countries into Wildlife Service properly relied, in segment of any species of vertebrate the eight is plainly disingenuous. part, on a cooperative state/federal fish or wildlife which interbreeds when The Biological Review Team ac- conservation plan to withdraw a pro- mature.’’ In other words, a subpopula- knowledges that historic stocking posed rule to list the flat-tailed horned tion of a given species can be listed practices may have had an adverse ef- lizard under the ESA. The court rea- under the ESA if, indeed, it is distinct fect upon the genetic integrity of local soned as follows: and self-contained. In the current cir- stocks but claims that the limited The ESA was not implemented to discour- cumstance, the Services rely on a sup- stocking abilities of these early efforts age states from taking measures to protect a posed distinct population segment of minimized interference with the ge- species before it becomes technically or le- Atlantic salmon remarkable only for netic purity of these river stocks. This gally ‘‘necessary’’ to list the species as its genealogical diversity. The popu- is inconsistent with other assertions in threatened or endangered under ESA guide- lation segment proposed for listing in- the biological review. lines. Rather, states are encouraged to work cludes salmon in eight Maine rivers— The Services claim escaped aqua- hand in hand with other government agen- each of which has long been under an culture salmon pose a grave threat to cies and conservation groups to implement evolving policies and strategies to protect intensive federal stocking program— the river-specific genetics of the salm- wildlife over time. Though the ESA regula- and, curiously, does not include Atlan- on they propose to list. On the one tions may represent many species’ last tic salmon stocked in the Merrimack hand, the Services argue that the enor- chance at survival, Congress surely did not and Connecticut Rivers. mous stocking of non-river specific intend to make it the only chance at sur- As far back as 1979, Congress ex- species did not change the genetic com- vival. pressed great concern about the Serv- position of these stocks because the The court’s decision in the Defenders ices’ misuse of distinct population seg- 128-year stocking effort was primitive, of Wildlife case hits the nail on the ments. In the report accompanying the even in 1991. Yet, on the other hand, head. The ESA encourages state/federal bill to re-authorize the Endangered the Services claim an estimated 113 cooperative efforts to protect and re- Species Act that year, the Senate Com- suspected adult escapees in the last ten store species before listing is required. mittee on Environment and Public years from aquacultural facilities in This goal is supported further by the Works, while acknowledging there may the Gulf of Maine pose a grave threat Services’ own regulations, which au- be some instances where different pop- to genetic makeup of these river-spe- thorize Candidate Conservation Agree- ulation segments of a single species are cific salmon. Simply put, the Services’ ments between the Services, states, appropriate stated, ‘‘Nevertheless, the position defies logic. and private entities. These agreements committee is aware of the great poten- The ESA requires that a listing deci- are ‘‘designed with the goal of pre- tial abuse of this authority and expects sion be made on the basis of scientific cluding or removing any need to list the FWS to use the ability to list popu- data relating to the status of the spe- the covered species,’’ a goal shared by lations sparingly and only when the bi- cies taking into account state protec- the Maine Salmon Conservation Plan. ological evidence indicates that such tion and conservation efforts. Nowhere The Services’ stated policies, too, pro- action is warranted.’’ In this case, the does the ESA permit a listing decision fess to ‘‘[u]tilize the expertise of State population distinction proposed by the to be driven by a national interest agencies in designing and imple- Services fails to meet the standard set group’s lawsuit meant to force a listing menting prelisting stabilization ac- by Congress due to both a long-running to occur. Yet, it appears this sort of tions * * * for species and habitat to stocking effort and the use of a terri- motivation may underlie the Services’ remove or alleviate threats so that torial boundary that has little to do decision to abandon the Plan. I wrote listing priority is reduced or listing as with reproductive isolation. Secretary Babbitt and then-Secretary endangered or threatened is not war- The July 1999 Status Review docu- Daley requesting documents con- ranted.’’ The Services also are working ments a stocking effort in the Ken- cerning the listing process and, in par- to establish criteria for evaluating the nebec, Sheepscot, Ducktrap, ticular, the decision to conduct the certainty of implementation and effec- Narraguagus, Pleasant, Machias, East Status Review. The Status Review ap- tiveness of formalized state conserva- Machias, and Dennys Rivers that dates pears to have commenced shortly after tion efforts in order to facilitate the back to 1871. Up until 1992, these var- a lawsuit was filed to force an emer- development of such efforts. Again, the ious stocking efforts took no account gency listing of the salmon. The docu- goal is to make listing a species as of the river-specific genetics that form ments shed light on the Services’ moti- threatened or endangered unnecessary. the basis of this proposed listing. In vations in ordering the Status Review In short, the Services are well-aware 1871, 1,500 parr from the Canadian prov- and, ultimately, deciding to list that the ESA encourages cooperative, ince of Ontario were released into the Maine’s Atlantic salmon. responsible conservation efforts such Sheepscot River. That was the first of I would like to take a few minutes as Maine’s plan. Three years ago Com- many instances of planned introduc- today to share with my Senate col- merce Department official Terry Gar- tion of foreign salmon for the purpose leagues what I found when I examined cia celebrated the Plan as of interbreeding into what the Services the documents provided to me by the

VerDate 14-NOV-2000 00:52 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.031 pfrm02 PsN: S14PT1 S11520 CONGRESSIONAL RECORD — SENATE November 14, 2000 Services, some pursuant to subpoena. I time to implement and improve the list appear more like a matter of liti- do so because the documents reflect a plan ‘‘will appear political, and will be gation strategy than a matter of listing process that appears to have difficult to defend on scientific science. Indeed, in another e-mail, an been badly out of step with the letter grounds.’’ Interior Department attorney explains and spirit of the ESA. Another Interior Department attor- the effort to complete the 1999 salmon It is important to keep some dates in ney expressed her opposition to the status review as a means ‘‘to support mind. On December 18, 1997, the Serv- NMFS proposal more pointedly. She ar- whatever action [the Services] take ices withdrew a proposed rule to list gued that giving the State of Maine next.’’ the very same Atlantic salmon under more time to conserve and restore At- Ultimately, I believe that the Serv- the ESA. Again, the withdrawal was lantic salmon through its plan would ices should be able to rely on appro- made with much fanfare and was based risk a loss in the ongoing salmon liti- priate, effective state conservation in large part on the State’s adoption of gation. In her words, ‘‘racking up an- plans in lieu of listing. At the same the Maine Salmon Conservation Plan. other loss on conservation agree- time, a state that makes the effort to On January 27, 1999, Defenders of Wild- ments’’ such as Maine’s would ‘‘threat- craft an effective plan in cooperation life and other plaintiffs filed suit en’’ the Service’s ability to rely on with the Services, should be afforded against the Services claiming that the such plans in the future in lieu of list- assurances by the Services that the withdrawal was an arbitrary and capri- ing. plan will not be abandoned, as Maine’s cious decision and seeking an emer- Yet this view was not shared equally plan was, after only one full year of im- gency listing of the Atlantic salmon. by each Service. It appears that the plementation. A state should be en- Some time thereafter, the Services Commerce Department was more opti- couraged to propose effective conserva- began a biological review of the status mistic that the Maine Salmon Con- tion plans and should be able to count of Atlantic salmon in Maine. According servation Plan could be relied upon as on the Services’ consistent support. A to the Services, the review was com- an effective defense to the ongoing liti- listing decision should not be affected pleted in July 1999, though it was not gation. Another e-mail, dated March by whether or not a state ‘‘plays ball.’’ released until October of the same 30, 1999 and between two Interior De- It should be affected by the actions a year. In August 1999, a second lawsuit partment attorneys, notes a NMFS of- state has made and commits to make was filed against the Services. The two ficial’s view that the state plan could to conserve and restore a given species. cases were eventually consolidated. provide ‘‘a viable defense’’ in the ongo- I wanted to speak to my colleagues Then, on November 17, 1999, the Serv- ing litigation. The Interior Department today in the hope that the experience ices issued a proposed rule to list the attorney disagreed, citing ‘‘serious liti- Maine has undergone will not be re- Atlantic salmon as endangered. That gation risks’’ and the potential for set- peated. One potential solution was sug- proposed rule led to the recent listing ting an adverse precedent that could gested five years ago, by President decision. ‘‘extend to future actions in lieu of Clinton. In a 1995 white paper recom- More than anything else, the docu- listing.’’ mending changes to the Endangered ments I requested show that concerns The Services’ differing stances on Species Act, this administration wrote about losing the lawsuits influenced whether to support or abandon the the following: the Services ultimately to abandon the State plan lasted at least into August To encourage states to prevent the need to Maine Salmon Conservation Plan and 1999, mere months before the listing protect species under the ESA, the ESA to proceed toward an ESA listing. But proposal was issued. An e-mail between should explicitly encourage and recognize the decision to abandon the plan was two Interior Department attorneys, agreements to conserve a species within a not easily reached. The documents and which appears to have been written state among all appropriate jurisdictional show that, throughout much of 1999, in August 1999, notes that ‘‘NOAA man- state and federal agencies. If a state has ap- the Services were in disagreement over agement apparently still feels ESA proved such a conservation agreement and whether to abandon the State plan. In listing over state opposition is wrong.’’ the Secretary determines that it will remove the threats to the species and promote its re- a March 31, 1999 e-mail, for example, The e-mail goes on to characterize a covery within the state, then the Secretary Department of Interior officials ex- Commerce Department attorney’s should be required to concur with the agree- press dismay over the position of the ‘‘best scenario’’ as the State of Maine ment and suspend the consequences under Department of Commerce legal team, agreeing to a ‘‘friendly listing, perhaps the ESA that would otherwise result from a which purportedly believed that ‘‘the as threatened.’’ The notion of a final decision to list a species. The suspen- state should be given every oppor- ‘‘friendly″ threatened listing also ap- sion should remain in place as long as the tunity to accomplish the conservation pears in an August 17, 1999 e-mail be- terms or goals of the agreement are met. measures accepted under the 1997 non- tween the same two Interior Depart- Were such a standard adopted by pol- listing decision.’’ According to this ment lawyers. The e-mail discusses the icy or statute, Maine and other states same e-mail, the Commerce Depart- view of the Commerce Department at- would have the incentive to devise and ment legal team felt that NMFS could torney as follows: ‘‘The Services could fully implement effective conservation ‘‘maintain a more productive relation- either immediately propose a threat- agreements. The alternative is what ship with the state if eventually forced ened listing and start working on a 4(d) has taken place in Maine. A plan is an- to list by the court (as opposed to will- rule, or propose as endangered and nounced with great fanfare and a list- ingly listing).’’ back off to a threatened listing if the ing proposal is withdrawn. One year For its part, the Interior Department state plays ball for the next few and a lawsuit later, the Services re- legal team apparently did not want months.’’ verse course, deeming the plan as unfit NMFS to give the Maine plan a further These documents are disturbing be- to rely upon as a litigation defense. chance. In an April 2, 1999 e-mail, an cause they show that legal consider- This is the wrong result, and I would Interior Department lawyer wrote to a ations—and not ‘‘solely . . . the best hope that during the next Congress, we colleague at the Commerce Depart- scientific and commercial data avail- can change the Services’ policy or ment that he had heard NOAA’s gen- able,’’ as required by law—motivated change the law to encourage respon- eral counsel had, ‘‘without consulting the Services’ decision to abandon the sible, effective state conservation [the Fish & Wildlife Service], rec- state plan and list Atlantic salmon in plans. ommended that NMFS give the state a the Gulf of Maine as endangered. Mr. President, in order to avoid tax- list of conservation plan deficiencies Granted, there is a clear link between payer expense, I will not ask that the and a delay of several months to ad- science and the viability of the Maine documents I referred to be printed in dress them.’’ The e-mail continues: Salmon Conservation Plan. The plan is the RECORD. Instead, I will post the ‘‘Today, I heard that NOAA Assistant either effective in conserving and re- documents on my Web site. Thank you. Administrator for Oceans & Atmos- storing Atlantic salmon, or it is not. Mr. President, I yield the floor and, phere Terry Garcia has picked up the But the fact that the Services differed seeing no one seeking recognition, I idea and is running with it.’’ The Inte- as to whether the state plan could be suggest the absence of a quorum. rior Department lawyer went on to ex- relied upon as an effective defense in The PRESIDING OFFICER. The press his concern that giving Maine the salmon suits makes the decision to clerk will call the roll.

VerDate 14-NOV-2000 00:27 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.033 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11521 The assistant legislative clerk pro- time, but while I hear people urging a some time to think it through care- ceeded to call the roll. quick decision, a fast decision, we all fully and not rush out and be offering Mr. DODD. Mr. President, I ask unan- understand, while we like clarity and proposals and bills that we may come imous consent that the order for the we would like a decision made imme- to regret. There have been some 200 quorum call be rescinded. diately, we need to place at least as proposals made to amend the Constitu- The PRESIDING OFFICER. Without much emphasis, if not more, on this de- tion regarding the electoral college objection, it is so ordered. cision being the right decision, that over the last 200 years, many of which f the decision is seen as being fair and have been suggested over the last 40 years. Before we jump to these pro- THE IMPORTANCE OF GETTING IT just and an expression, as close as we posals, I suggest that we think them RIGHT can have in an election involving more than 100 million people across the through. Mr. DODD. Mr. President, I rise to country, of the will of the American I listened with interest earlier this share for a few moments this after- people. day to our colleague from Pennsyl- noon, before we adjourn for the day, if That is going to be difficult because vania, Senator SPECTER, discuss two not for the week, some thoughts on the of the closeness of the race. It is impor- issues that are obviously timely and ongoing events, most obviously, the tant to get this done quickly, but it is important ones at this moment about 2000 Presidential election. more important to get it done cor- reform in the electoral college. I wish I will talk about some of the mechan- rectly. to address those issues for a few min- ics of this and some of the comments We do not want a substantial per- utes. First, let me join my colleague made earlier in the day by my col- centage of the American public ques- from Iowa, Senator HARKIN, in con- leagues from Iowa and Pennsylvania, tioning the legitimacy of the 43rd gratulating Senator SPECTER for intro- and some thoughts that they shared. President of the United States—wheth- ducing the concept of a bipartisan com- Before getting to the substance of mission to examine whether we that, I am a Democrat. Obviously, as a er that is AL GORE or Gov. George Bush. The American people should sup- might—at least in federal elections— Democrat, I am hopeful AL GORE and port that choice and have confidence develop more accurate and uniform my colleague from Connecticut, JOE that the choice was the right one. I methods of recording and reporting the LIEBERMAN, will be elected President votes cast by the citizens of our Na- hope that, while there are those clam- and Vice President. Certainly, I fully tion. I know at least one newspaper in oring for a quick decision, we get the understand how colleagues of a dif- the country—the New York Times—has right decision. Utilizing the courts and ferent political persuasion and other already editorialized on this topic in utilizing manual counting ought not to Americans hope that George Bush and favor of modernizing what many con- frighten people. Courts are used in our Dick Cheney will win the election. I sider to be a ballot system that is in suspect maybe the Presiding Officer country when there is a dispute that many respects and in many areas of may share those views. can’t be resolved, where facts and theo- the country fairly archaic in terms of The most important belief everyone ries of law are in dispute. If that is the its technological sophistication. I will case, you go to court and try to get an ought to have is that this process, at join Senator SPECTER and others in de- the end of it, whenever that comes— answer. You would do that if you were veloping a more thoughtful approach whether it is the end of this week or talking about county commissioner or to this dilemma. It is a dilemma be- sometime over the next several days or secretary of State. In the State of Flor- cause control of elections has been left weeks—that if it takes a little time, ida, we should do no less with the office to the decision of States across the that is uncomfortable, but the most of the President of the United States. country. The federal role is somewhat important conclusion is that it be one In the final analysis, the new President limited in this, to put it mildly. It is the American people support, even will look back and be grateful that we more a question of how we can work those who would have wished a dif- took the time to get it right; that we with the States in a cooperative fash- ferent outcome in the election. did not rush to a quick judgment here ion when it comes to federal elec- I served on the Select Committee on for the sake of what may appear to be tions—elections beyond mere consider- Assassinations 20 years ago in which sort of an early way to achieve a win. ation for the offices in the respective we reopened the investigation of the Having said all of that, there will be States and counties. I think we have a assassinations of John Kennedy and Dr. much talk in the coming weeks about legitimate interest. Certainly, that has Martin Luther King. What possible what went wrong here, what could have been borne out by the events of the last analogy could those two events have been done differently, and issues week in this country. Certainly, we with this? Well, my colleague from around the electoral college, whether have seen, as I say, in the last week Rhode Island and others may recall we ought to keep it, abandon it, or re- issues raised that none of us could that the Warren Commission, which form it. Are there things we can do imagine would have been brought up did the initial investigation into the from a Federal standpoint to assist our prior to the results on Tuesday night. tragic assassination of President Ken- respective States so we don’t have the I think the events of the past week nedy, was urged at the time to hurry kind of confusion that has emerged have shaken many Americans out of a up, to rush to get the job done, and here and regarding some of the ballot false sense that our system—or should they did. In retrospect, they did as well choices and equipment used to record I say systems—of tabulating ballots is as they could have under the cir- people’s votes? There will be all sorts absolutely error free. It never has been cumstances. But there was sufficient of ideas shared. perfect. No one disputes that the hall- pressure to get the job done. Several My first suggestion and hope would mark of our system—namely free and years later, we had all sorts of ques- be that people take time to step back fair elections—is as strong as it has tions raised that the Warren Commis- and examine our current situation. I ever been. sion did not address during the period get nervous when people have quick so- Indeed, if we have learned anything of its consideration. I don’t think we lutions for an immediate problem that over the past week, it is the truth of ever would have satisfied some of the has emerged, such as here with this the maxim that it is as ingrained in elements who are always going to be close election. Lets not forget that we our consciousness as the Pledge of Al- convinced of conspiracy theories. But have been a republic for 211 years. This legiance or the Preamble of the Dec- for an awful lot of other Americans, will be the fourth such election out of laration of Independence: In America, had the Commission taken a bit more 43 Presidential races where there has every citizen counts. time and gone through the facts a bit been a close race, where the popular That is a mantra we hear over and more carefully, we could have avoided vote and the electoral votes—and we over again: Every citizen counts. Every the problems that ensued thereafter, don’t know the final outcome of this citizen has a part to play in choosing including a whole new investigation of one—have a different result. how we shall be governed. Many of us the assassination some 13 years after Before we decide we want to radically have said over the last week: Don’t the events occurred in 1963. abandon this system, my strong sug- ever let me hear anybody say again The analogy is this: Obviously, we gestion to my colleagues and others that every vote doesn’t count, or a sin- are not talking about that length of who will be commenting, is to take gle vote doesn’t count. You have seen

VerDate 14-NOV-2000 00:52 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.036 pfrm02 PsN: S14PT1 S11522 CONGRESSIONAL RECORD — SENATE November 14, 2000 that the margins in the State of New of error, but a significant risk of delay Senator DURBIN, Senator HARKIN, Sen- Mexico in the Presidential race may be on election day as well. Throughout ator TORRICELLI, as well as Senator down to 17 or 20 votes. We had a con- the country during the past election, SPECTER and others, have discussed gressional race in my State a few years we heard a great many reports of long this matter in the last few days. On ago where out of 200,000 votes cast, 4 lines at the polls. One hour, two hours, talk radio, in diners, in taxi cabs, and ballots determined who the Congress- three hours. People were waiting a anywhere you want to go, you can now man of the Second Congressional Dis- long, long time in many parts of the get into a deep conversation about the trict would be. So we all say every vote Nation to cast their ballots. electoral college. We have all become counts, every citizen counts. Certainly, the vast majority of those familiar in the last few days. Many While our system may be the fairest who did endure these waits did so with people were unaware that Presidents in the world, we have been reminded patience and a deep sense of the impor- have been elected by the electoral col- over the past week that it is not infal- tance of the moment. However, the lege since the first days of the republic. lible. Few areas of governance are as question we must ask ourselves is what So there has been educational value to decentralized as voter administration. we might try to do to shorten those this confusion over who the next Presi- According to a news report today, elec- lines. We must recognize that, in an dent will be. tion decisions are made not only by era when we can pay bills, buy goods The electoral college is an arcane in- each of the 50 States but by more than and services, and do many other things stitution in the minds of many, but it 3,000 counties and towns, where they by computer, fewer and fewer Ameri- has played a very important and valu- have separate rules outside of the cans are waiting in line for anything able role. Certainly now is a good time State rules. So 3,000 different jurisdic- anymore. to consider the role of the electoral tions in this country have something As long lines continue to become an college in electing American Presi- dents. I hope that we will proceed, as I to say about how elections are con- anachronism in other parts of our said at the outset—with caution—on ducted in America. The methods of vot- lives, voters’ patience on election day can also diminish. If their patience di- this matter. ing vary widely from jurisdiction to ju- I would be concerned, frankly, about minishes, then more may choose not to risdiction—from the marking of paper abolishing the electoral college. Those vote, and that will be the worst result ballots to the use of the Internet, as we who have urged us to do so ought to have seen. of all. pause, step back, and give some We must realize that—much as they By far the most common form of vot- thought to what they have suggested. might want to—many local jurisdic- ing in our Nation remains the punching If you think it is confusing in Florida of paper ballots. It is estimated that tions simply lack the resources to mod- today, imagine the difficulty in decid- some 40 percent of voters utilized that ernize their voting systems. One coun- ing a Presidential election as close as method to vote on election day. This is ty in a State of the eastern seaboard this, with ballots in contention and so despite the evidence that paper bal- has records dating from the 1800s. Of people going to court not in one State, lots are more vulnerable, than any 890,000 people on that county’s voting but potentially in 50 States? So while I other voting system, to voter error. rolls, a recent study found that 775,000 think the electoral college may need We have all become familiar in the were either dead or living someplace serious reform, we ought to be careful past six days with the variety of ways else. I will repeat that. In one jurisdic- about abandoning it. a ballot now may be marked—language tion, of the 890,000 people on the coun- Notwithstanding the intentions of I never heard before, terminology I ty’s voting rolls, 775,000 were either the Founders, many which remain never heard mentioned. All of a sudden, dead or living in another jurisdiction. valid, the electoral college continues we have all become familiar with That fact, and others, underscore that to serve, in my view, an important things called ‘‘chads’’ and parts of voting recordkeeping and equipment is function in our present day election chads. I never heard of a ballot being expensive and also outdated. That is a system. While we elect one President ‘‘pregnant,’’ but I now know that it can simple and unavoidable fact for many for the Nation, it reminds us that we be in this country, which is a startling communities that struggle to find re- do so as a republic of States, not as a revelation. So we have heard a new sources to meet the daily needs of their single political unit. Were we to elect vernacular in our society. People ev- people for police, fire protection, trash the President solely on the basis of the erywhere are learning about the vari- collection, and other services. popular vote, Presidential candidates ations of the chad: the ‘‘pregnant’’ So I hope that as we move forward or would have little incentive, in my chad, the ‘‘dimpled’’ chad, the toward the conclusion of this Congress view, to visit with the people who live ‘‘hinged’’ chad, the ‘‘swinging’’ chad. and the commencement of the 107th outside the major population centers. These are all words that those who Congress, and we all wait for January State boundaries would, for purposes of may have been involved in the arcane 20th, where a few feet from here a new a Presidential election, be virtually business of voter issues know, but for President will be sworn into office as wiped out, and candidates would have most Americans these are new words. the 43rd President—during this time— little incentive to learn from a State’s Beyond the punching of a paper bal- and this is why we should do it now— officials and citizens about the con- lot, some 20 percent of voters use me- we give serious consideration to the cerns particular to their jurisdiction or chanical lever machines that are no concept of a bipartisan commission to State. So the consequences of abol- longer made. Another 25 percent fill in examine how we might encourage more ishing the electoral college should be a circle, a square, or an arrow next to accurate methods of recording votes by considered with grave, grave care. I am the candidate or ballot question of the citizens of our Nation. aware that there have been numerous their choice. Only about 10 percent use I also hope that such a commission proposals to modify the electoral col- a computer screen or other electronic would provide guidance as to how we lege during the course of history. As I means to have their votes recorded might assist communities in finding mentioned, the 12th amendment to the automatically. the means to do so. This is a valuable Constitution was ratified June 15, 1804. One consequence of using a patch- role that we can play to assist these It represents one of those proposals work system where most votes are cast counties and local communities with and, today, the only successful one. by paper ballot is that errors can affect resources that will enable them to One proposal was put forward in the outcomes. That is what the people and modernize the voting equipment that 87th Congress, I might point out, by a officials of Florida are obviously trying they lack today. I look forward to Senator from Connecticut who hap- to contend with even as I speak on the working with the Senator from Penn- pened to be my father, I discovered the floor of the United States Senate this sylvania, the Senator from Iowa, and other day. He offered it in January of afternoon. others—I am sure there will be many 1961 after the Kennedy and Nixon elec- Another consequence, however, more—who are interested in working tion. He proposed then—and admitted should be just as much a cause for con- on this issue and giving it some serious there was nothing unique about his cern, and that is that in a great many attention. ideas; they were ones that were incor- jurisdictions the voting process might Secondly, let me enter the discussion porated from the various other pro- not only be prone to a significant risk on the electoral college. My colleagues, posals that were suggested. So it was

VerDate 14-NOV-2000 00:27 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.039 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11523 not an original set of ideas coming off they work. We are now confronting one be printed in today’s RECORD following that election which was a close elec- unique in the two-century history of my statement. tion as well—he proposed a system our Nation, but we will come out of The PRESIDING OFFICER. Without where each State’s electors would be this well. There are good people in objection, it is so ordered. apportioned to the candidates in pro- Florida, good citizens who care about (See Exhibit 1.) portion to the candidates’ percentage this, who will do the right thing before Mr. WARNER. Mr. President, I share of the State’s popular votes. this process is concluded. should now like to list those speakers Nebraska, Iowa, and Maine do that On January 20, we will gather on the in the order in which they took part in today. In fact, States could do that on west front of this majestic building and this program. their own initiative. In fact, it would we will welcome with good heart and First, World War II Chaplain and re- not require a change in the Constitu- good spirit and great cheer the 43rd tired Archbishop Phillip M. Hannan, tion if the various States wanted to President of the United States. That who gave a most inspirational invoca- modify how they would allocate their President will be a very humbled indi- tion. He is a highly decorated combat electoral votes. Perhaps we should con- vidual. veteran of World War II. What a mar- sider that proposal or some variation There will be no announcements of velous spirit he has. He set the tone for on it. mandates in this election. Maybe the all others who followed; As I said, there were many proposals American people showed their infinite Gen. Fred Woerner, Chairman, Amer- offered. Perhaps we should also con- wisdom collectively by saying by divid- ican Battle Monuments Commission; Ohio Congresswoman MARCY KAPTUR, sider the two States that do not appor- ing this as evenly as we can, not only who launched the effort in Congress to tion the votes on a winner-take-all in this Chamber and the House, but the authorize the national World War II basis: Maine and Nebraska. Perhaps we Presidential election, maybe you ought memorial. Her initial efforts go as far should consider—as Maine does now— to try to work these things out; get to- back as 1987; apportioning its votes according to gether and resolve some of the out- Luthur Smith, a World War II which candidate wins which congres- standing problems we face every day Tuskegee Airman; sional districts in a given State. That such as a prescription drug benefit, a real Patients’ Bill of Rights, improving I am privileged to have been associ- has had some value. In fact, you may ated with the men and women of the recall in the waning days of this elec- the country’s educational system, myriad transit problems, just to name a Armed Forces through much of my life, tion, the Vice Presidential candidate, but his rendition of his last mission, JOE LIEBERMAN, my colleague from few. Those are the problems Americans wrestle with every day and they want and how he was shot down, and how the Connecticut, made a special trip to hand of providence literally extracted Maine to campaign in one congres- to see us wrestle with them here and come up with some answers. him from a flaming aircraft and sional district up there that was close. brought his wounded body to ground— It turned out that trip he made had They may have just sent us the method and means by which we will it brought tears to the eyes of all some value. It was worth one electoral present. That is worth the entire state- vote. If you apportion these either by achieve that in this coming Congress by making this election as close as it is ment to be put in the RECORD today. congressional district or by how many so no one can claim they have a major- Tom Hanks, actor, who starred in votes the respective candidates re- ity of Americans’ solution to this prob- ‘‘Saving Private Ryan,’’ has done so ceived, I could see Democrats going to lem. But they did speak with almost much work to make this memorial pos- places such as Utah, Arizona, Georgia, one resounding single voice. We ought sible. Mississippi—places in which we have to take a look at the electoral process Senator Bob Dole, our beloved former not done very well in Presidential cam- and then get about the business of colleague and the National Chairman, paigns. I could see Republicans coming going to work on America’s problems. World War II Memorial Campaign, to Connecticut, Rhode Island, or Mas- By making this election as close as spoke with such moving eloquence. He, sachusetts where they may not get the they have, I suggest they may have of- of course, I believe, deserves most spe- winning margin, but they might get 40 fered us the opportunity and means by cial recognition for his efforts. percent, 45 percent. So it is worth it to which we could do in the coming Con- Fredrick W. Smith, founder and CEO, go after those electoral votes. gress what we failed to do in the one FedEx Corporation and National Co- Why is that good government? Be- chairman, World War II Memorial cause it is important that these can- we are now winding down. Mr. President, I yield the floor and I Campaign, also a veteran, not of World didates come to our respective States, suggest the absence of a quorum. War II but of subsequent campaigns; learn about the people’s concerns. It The PRESIDING OFFICER (Mr. Ambassador F. Hadyn Williams, makes it more competitive, gets people THOMAS). The clerk will call the roll. Chairman, American Battle Monu- involved; their vote means something, The legislative clerk proceeded to ments Commission, World War II Me- not only a popular vote but also an call the roll. morial Committee. electoral vote. Mr. WARNER. Mr. President, I ask William Cohen, our former Senate So I think reform of the electoral unanimous consent that the order for colleague, and current Secretary of De- college, and there are a variety of the quorum call be rescinded. fense; and the concluding remarks, other ideas, is worth while. But again, The PRESIDING OFFICER (Mr. again, a very stirring and eloquent I caution against the idea that some- THOMAS). Without objection, it is so or- statement by our President, William how abandoning the system would dered. Jefferson Clinton. serve the best interests of the country f In addition to those great Americans for over two hundred years. who spoke at the ceremonies, there These are important matters. They WORLD WAR II MEMORIAL were others there. I mention just those go to the heart of our democratic sys- GROUNDBREAKING CEREMONY in Congress: our distinguished Presi- tem, the electoral college, how we Mr. WARNER. Mr. President, last dent pro tempore, STROM THURMOND; vote, how ballots are counted. I happen Saturday, I, along with tens of thou- from the House of Representatives, to believe we are going to come out of sands of others, gathered along the Representatives JOHN DINGELL, BEN- this in good shape. I know there are Mall to observe the groundbreaking JAMIN GILMAN, RALPH REGULA, BOB those calling this a constitutional cri- ceremony for the World War II memo- STUMP, JOE SKEEN, and, of course, sis. It is not a constitutional crisis. rial. It was a most moving and inspira- former Representative Sonny Mont- The system is working. We are con- tional moment for all who attended gomery, who has done so much through fronted with a unique situation, but and, indeed, for the untold millions the years for the men and women of the Founding Fathers and the framers who followed through the medium of our Armed Forces. of the Constitution in their wisdom an- television. All of the speakers at this I again wish to give very special rec- ticipated there would be difficulties ceremony were clearly inspired by the ognition and, indeed, it was by all with Presidential elections. They set solemnity of the occasion. present, to Senator Bob Dole for his in- up a series of safeguards. They are not I ask unanimous consent that the re- spired, relentless, and untiring efforts perfect. Some need to be changed, but marks of all the speakers in attendance to make this memorial possible.

VerDate 14-NOV-2000 01:00 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.041 pfrm02 PsN: S14PT1 S11524 CONGRESSIONAL RECORD — SENATE November 14, 2000 This memorial will be an educational Joining the official party on stage are the champion of veterans in the House, and Sen- reminder for future generations to the commissioners and secretary of the Amer- ator Strom Thurmond, our unfailing advo- enormous commitment, at home as ican Battle Monuments Commission, and cate in the Senate, as well as Rep. Bill Clay, well as in the uniformed ranks, of the members of the Memorial Advisory Board. of Missouri and two retired Members, Rep. We’re delighted to welcome the former Henry Gonzalez and Senator John Glenn. people of our great Nation. As Senator Secretary of Transportation, Secretary of At the end of World War I, the French poet Dole often said throughout his efforts Labor and President of the American Red Guillaume Apollinaire declaring himself on behalf of this memorial: What would Cross, Elizabeth Dole. ‘‘against forgetting’’ wrote of his fallen com- our world be today if freedom had not Members of Congress, without whose bi- rades: ‘‘You asked neither for glory nor for prevailed, had there not been the enor- partisan support this memorial would not be tears.’’ Five years ago, at the close of the mous commitment throughout the possible. There are 22 World War II veterans 50th anniversary ceremonies for World War United States and, indeed, also, in our still serving. We are honored to have seven of II, Americans consecrated this ground with soil from the resting places around the world allies. What if freedom had not pre- these vets with us today: Senators Strom Thurmond and John Warner, and Represent- of those who served and died on all fronts. vailed and the war had been lost? What atives John Dingell, Benjamin Gilman, We, too, declared ourselves against forget- would the world be today? That will be Ralph Regula, Bob Stump, and Joe Skeen. ting. We pledged then that America would the question that those who visit for We offer a special welcome to former Rep- honor and remember their selfless devotion decades to come should ask of them- resentative Sonny Montgomery, whose name on this Mall that commemorates democ- selves as they quietly reflect on this will forever be linked to veterans benefits racy’s march. magnificent structure and the sym- and programs. Apollinaire’s words resonated again as E.B. bolism of that effort. We’re also pleased to acknowledge the Sledge reflected on the moment the Second presence of: The Mayor of the District of Co- World War ended: ‘‘. . . sitting in a stunned EXHIBIT 1 lumbia, Anthony Williams, Secretary of the silence, we remembered our dead . . . so ADDRESSES DELIVERED AT THE NATIONAL Army, Louis Caldera, Vice Chairman of the many dead . . . Except for a few widely scat- WWII MEMORIAL GROUNDBREAKING CERE- Joint Chiefs of Staff, General Richard Myers, tered shouts of joy, the survivors of the MONY, NOVEMBER 11, 2000 Chief of Staff of the Army, General Eric abyss sat hollow-eyed, trying to comprehend REMARKS OF GENERAL FRED WOERNER, CHAIR- Shinseki, Coast Guard Commandant, Admi- a world without war.’’ MAN, AMERICAN BATTLE MONUMENTS COMMIS- ral James Loy, and Former Chairmen of the Yes. Individual acts by ordinary men and SION Joint Chiefs of Staff, Admiral William Crowe women in an extraordinary time—one ex- hausting skirmish, one determined attack, Mr. President, distinguished guests, hon- and General Colin Powell. one valiant act of heroism, one dogged deter- ored World War II veterans, ladies and gen- The organizations that guided our efforts mination to give your all, one heroic act tlemen: On behalf of the American Battle over the past several years; Chairman J. after another—by the thousands—by the mil- Monuments Commission, I welcome you to Carter Brown and commissioners of the Com- lions—bound our country together as it has the official groundbreaking ceremony for the mission of Fine Arts, Acting Executive Di- not been since, bound the living to the dead National World War II Memorial. rector Bill Lawson and members of the Na- in common purpose and in service to free- There are many here today I want to pub- tional Capital Planning Commission, Direc- dom, and to life. licly recognize. First and foremost, our spe- tor Robert Stanton and associates from the National Park Service, Commissioner Bob As a Marine wrote about his company, ‘‘I cial guests, the members of the GI Genera- cannot say too much for the men . . . I have tion—whose sacrifice and achievement we Peck and associates from the General Serv- ices Administration, and Leo Daly, whose seen a spirit of brotherhood . . . that goes will commemorate on this magnificent site. with one foot here amid the friends we see, Mr. President, we are honored by your international firm serves as the project architect/engineer. and the other foot there amid the friends we presence. You, of course, are no stranger to see no longer, and one foot is as steady as this project, having stood here with us five Finally, I’m pleased to welcome in our audience: Susan Eisenhower, representing her the other.’’ years ago today to dedicate this sacred Today we break ground. It is only fitting ground for the memorial to America’s World grandfather, President Dwight D. Eisen- hower, the Supreme Allied Commander in that the event that reshaped the modern War II generation. world in the 20th century and marked our Ambassador Haydn Williams, ABMC com- World War II, the grandson of Sir Winston Churchill—Winston S. Churchill, World War nation’s emergency from isolationism to the missioner and chairman of the World War II leader of the free world be commemorated on Memorial Committee. II Medal of Honor recipient and former governor of South Dakota—Joe Foss, and base- this site. Senator Bob Dole, national chairman of Our work will not be complete until the our fund-raising campaign, whose leadership ball greats Bob Feller, Warren Spahn, Tommy Henrich, Bert Shepard and Buck light from the central sculpture of the Me- personifies the generation we honor. morial intersects the shadow cast by the His national co-chairman, Frederick W. O’Neil—all veterans of the Second World War. Washington Monument across the Lincoln Smith, founder and CEO of FedEx Corpora- Memorial Reflecting Pool and the struggles tion. Together, their energy and commit- Would all these distinguished guests in the audience please stand to be recognized. of freedom of the 18th, 19th, and 20th cen- ment to the campaign brought remarkable turies converge in one moment. Here free- results. If I had the time, I would name every one of you with us today, for you are all heroes dom will shine. She will shine. Ohio Congresswoman Marcy Kaptur, who This Memorial honors those still living in the eyes of the nation. It is a privilege for launched the effort to authorize the National who served abroad and on the home front and the American Battle Monuments Commis- World War II Memorial in 1987. also those lost—the nearly 300,000 Americans sion to host this ceremonial groundbreaking Members of the President’s cabinet: Sec- who died in combat, and those, the millions, in your honor. retary of Defense William Cohen, Secretary who survived the war but who have since of Health and Human Services Donna passed away. Shalala, Secretary of Transportation Rodney REMARKS OF THE HONORABLE MARCY KAPTUR Among that number I count my inspired Slater, Acting Secretary of Veterans Affairs Reverend Clergy, Mr. President, Honored constituent Roger Durbin of Berkey, Ohio, a Hershel Gober, and the White House Chief of Guests All. We, the children of freedom, on letter carrier who fought bravely with the Staff, John Podesta. this first Veterans’ Day of the new century, Army’s 101st Armored Division in the Battle Two-time academy award winning actor gather to offer highest tribute, long overdue, of the Bulge and who, because he could not Tom Hanks donated his time and consider- and our everlasting respect, gratitude, and forget, asked me in 1987 why there was no able talent to serve as our national spokes- love to the Americans of the 20th century memorial in our nation’s Capitol to which he man, taking a simple message to the Amer- whose valor and sacrifice yielded the modern could bring his grandchildren. Roger is with ican people: ‘‘It’s Time to Say Thank You.’’ triumph of liberty over tyranny. This is a us spiritually today. To help us remember Friedrich St. Florian, design architect of memorial not to a man but to a time and a him and his contribution to America, we the National World War II Memorial, who people. have with us a delegation from his American has led the creative design effort. This is a long-anticipated day. It was 1987 Legion Post, the Joseph Diehn Post in Syl- Pete Wheeler, Commissioner of Veterans when this Memorial was first conceived. As vania, Ohio, and his beloved family, his Affairs for the State of Georgia and chair- many have said, it has taken longer to build widow, Marian, his granddaughter, Melissa, man of the Memorial Advisory Board. the Memorial than to fight the war. Today, an art historian and member of the World Jess Hay, a member of the Memorial Advi- with the support of Americans from all War II Memorial Advisory Board. sory Board and chairman of the World War II walks of life, our veterans service organiza- This is a memorial to heroic sacrifice. It is Memorial Finance Committee. tions and overwhelming, bipartisan support also a memorial for the living—positioned Luther Smith, who flew with the Armed in Congress, the Memorial is a reality. between the Washington Monument and Lin- Tuskegee Airmen, and served as a member of I do not have the time to mention all the coln Memorial—to remember how freedom in our Architect-Engineer Evaluation Board. Members of Congress who deserve thanks for the 20th century was preserved for ensuing World War II chaplain and retired Arch- their contributions to this cause, but certain generations. bishop Philip M. Hannan, who has graced us Members in particular must be recognized. Poet Keith Douglas died in foreign combat with his inspirational invocation. Rep. Sonny Montgomery, now retired, a true in 1944 at age 24. In predicting his own end,

VerDate 14-NOV-2000 00:27 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.043 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11525 he wrote about what he called time’s wrong- to my fractured hip. Unconsciousness again, lead the mules down that night. Even the way telescope, and how he thought it might I awoke crashing through trees. My chute Americans were reluctant to unlash and lift simplify him as people looked back at him caught in the top branches and kept me from off the bodies, when they go to the bottom, over the distance of years. ‘‘Through that smashing into the ground. I spent the last so an officer had to do it himself and ask lens,’’ he demanded, ‘‘see if I seem/substance seven months of the war in German hospitals others to help. or nothing: of the world/deserving mention, and the Stalag 18A prison camp. My injuries The first one came early in the morning. or charitable oblivion . . .’’ And then he required 18 operations and three years of They slid him down from the mule, and stood ended with the request, ‘‘Remember me when hospitalization. him on his feet for a moment. In the half I am dead/and simplify me when I’m dead.’’ I was lucky. I lived to tell the story. More light he might have been merely a sick man What a strange and striking charge that is! than 400,000 Americans never came home to standing there leaning on the other. Then And yet here today we pledge that as the tell their stories. And more than 10 million they laid him on the ground in the shadow of World War II Memorial is built, through the of the 16 million that served in uniform are the stone wall alongside the road. simplifying elements of stone, water, and no longer with us to tell their stories. I don’t know who that first one was. You light, there will be no charitable oblivion. I feel blessed to have had the opportunity feel small in the presence of dead men and America will not forget. The world will not to serve my country during her time of need, ashamed of being alive, and you don’t ask forget. When we as a people can no longer re- and to have played a small but rewarding silly questions. member the complicated individuals who role in the effort to establish a memorial to We left him there beside the road, that walked in freedom’s march—a husband, a sis- that time. first one, and we all went back into the I look forward to the day when I can bring ter, a friend, a brother, an uncle, a father— cowshed and sat on watercans or lay on the my grandchildren here to our National Mall, when those individuals become simplified in straw, waiting for the next batch of mules. to walk among the landmarks of our young histories and in family stories, still when fu- Somebody said the dead soldier had been democracy, to enter one of the great gath- ture generations journey to this holy place, dead for four days, and then nobody said any- ering places in this special city—the World America will not forget. Freedom’s children thing more about him. We talked for an hour War II Memorial plaza—and share with them will not forget. or more; the dead man lay off alone, outside our nation’s newest symbol of freedom. in the shadow of the wall. Then a soldier REMARKS OF LUTHER SMITH, WORLD WAR II The members of my generation hold within came into the cowshed and said there were TUSKEGEE AIRMAN them thousands of stories like the one I some more bodies outside. We went out into Mr. President, Senator Dole, General shared with you today—stories of events that unfolded many years ago. The telling of the road. Four mules stood there in the Woerner, distinguished guests. It’s a thrill to moonlight, in the road where the trail came be here this afternoon—to be among so many those stories will end all too soon, but the lessons they teach must be remembered for down off the mountain. The soldiers who led of my fellow World War II veterans. them stood there waiting. Today’s groundbreaking is a long-awaited generations to come. ‘‘This one is Captain Waskow,’’ one of milestone in the evolution of the National The World War II Memorial will keep those them said quickly. World War II Memorial. For today we cele- lessons alive. brate the approval of Friedrich St. Florian’s Two men unlashed his body from the mule memorial design after a long and spirited REMARKS OF TOM HANKS and lifted it off and laid it in the shadow be- public review process. In December of 1943, the Second World War side the stone wall. Other men took the I had the privilege to serve as a member of appeared to have no end. The Invasion of other bodies off. Finally, there were five the Architect-Engineer Evaluation Board Normandy was half a year away. The landing lying end to end in a long row. You don’t that judged the 403 entries in the national on Guam, the liberation of Paris and naval cover up dead men in the combat zones. They design competition. We and the members of victories in the Philippine Sea would not just lie there in the shadows until somebody the Design Jury set out to select a design ar- happen until the following summer and fall. else comes after them. chitect whose vision for the memorial Americans at home had yet to hear of the The uncertain mules moved off to their matched the scale and significance of the Battle of the Bulge or Iwo Jima. American olive orchards. The men in the road seemed event it commemorates as well as the classic Soldiers had yet to touch the Siegfried Line reluctant to leave. They stood around, and beauty and nobility of the national land- or come anywhere near crossing the Rhine gradually I could sense them moving, one by marks that soon will be its neighbors. River. one, close to Captain Waskow’s body. Not so The elegance and sensitivity of the ap- The final cost of an allied victory was in- much to look, I think, as to say something proved design is proof that we selected the calculable. The list of those names to be lost in finality to him and to themselves. I stood right person for this monumental task. forever, not nearly complete. close by and I could hear. Fifty-nine years ago I was in my early In December of 1943, a war correspondent One soldier came and looked down, and he twenties, as were many of you. Young, eager, named Erine Pyle sat in a tent outside of said out loud: ‘‘God damn it!’’ That’s all he wondering what the future held for me is Des Naples and wrote the following on his type- said, and then he walked away. Another one Moines, Iowa. Little did I know that soon I writer: came, and he said, ‘‘God damn it to hell any- would be flying with a group of men that At the front lines in Italy—in this war I way!’’ He looked down for a few last mo- would become known as the Tuskegee Air- have known a lot of officers who were loved ments and then turned and left. men. and respected by the soldiers under them. Another man came. I think he was an offi- What a proud time for a young man in But never have I crossed the trail of any man cer. It was hard to tell officers from men in 1940’s America. To be allowed to fly and fight as beloved as Captain Henry T. Waskow, of the half light, for everybody was grimy and for his country. To be part of an effort that Belton, Texas. dirty. The man looked down into the dead united the nation in a way we hadn’t seen be- Captain Waskow was a company com- captain’s face and then spoke directly to fore and haven’t seen since. mander in the 36th division. He had been in him, as though he were alive: I flew 133 missions in a combination of this company since long before he left the ‘‘I’m sorry, old man.’’ States. He was very young, only in his mid- fighter aircraft. It was on my final scheduled Then a soldier came and stood beside the dle 20s, but he carried in him a sincerity and mission, in October 1944, that my P–51 Mus- officer and bent over, and he too spoke to his gentleness that made people want to be guid- tang was brought down. We were strafing oil dead captain, not in a whisper but awfully ed by him. tank cars when a ball of fire erupted directly tenderly, and he said: in front of me. I was in and out of the flames ‘‘After my own father, he comes next,’’ a ‘‘I sure am sorry, sir.’’ in less than a second, but the explosion blew sergeant told me. ‘‘He always looked after out my cockpit windows, buckled the wing us,’’ a solder said. ‘‘He’d go to bat for us Then the first man squatted down, and surfaces and destroyed much of the tail as- every time.’’ ‘‘I’ve never known him to do reached down and took the captain’s hand, sembly. I was uninjured, but 600 miles from anything unkind,’’ another one said. I was at and he sat there for a full five minutes hold- home in a crippled aircraft. the foot of the mule trail the night they ing the dead hand in his own and looking in- Flames soon enveloped the engine. I want- brought Captain Waskow down. The moon tently into the dead face. And he never ut- ed to roll into an inverted position and fall was nearly full at the time, and you could tered a sound all the time he sat there. free before opening my parachute, but I went see far up the trail, and even part way across Finally he put the hand down. He reached into a spin and fell partially out of the cock- the valley. Soldiers made shadows as they up and gently straightened the points of the pit. My right foot became wedged between walked. captain’s shirt collar, and then he sort of re- the rudder pedal and brake, so I couldn’t get Dead men had been coming down the arranged the tattered edges of his uniform into the cockpit or out. mountain all evening, lashed onto the backs around the wound and then he got up and The next thing I recall is looking up at a of mules. They came lying belly down across walked away down the road in the moon- badly torn parachute. Somehow, I had pulled the wooden packsaddle, the heads hanging light, all alone. the ripcord while trapped semi-conscious in down on the left side of the mule, their stiff- The rest of us went back into the cowshed, the aircraft. The opening parachute pulled ened legs sticking awkwardly from the other leaving the five dead men lying in the line me free, saving my life but fracturing my side, bobbing up and down as the mule end to end in the shadow of the low stone right hip. walked. wall. We lay down on the straw in the I was falling too fast, head first, connected The Italian mule skinners were afraid to cowshed, and pretty soon we were all to the parachute by just one strap attached walk beside dead men, so Americans had to asleep.—Ernie Pyle. Italy. December 1943.

VerDate 14-NOV-2000 00:27 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.004 pfrm02 PsN: S14PT1 S11526 CONGRESSIONAL RECORD — SENATE November 14, 2000

REMARKS OF SENATOR BOB DOLE, NATIONAL an era of divine right; if the moral impera- gold stars hung in the windows of homes CHAIRMAN, WWII MEMORIAL CAMPAIGN tive of the 19th century was to abolish slav- across the nation: enduring symbols of serv- Mr. President, Tom, and Fred, and our ery; then in the 20th century it fell to mil- ice and sacrifice. countless supporters and other guests. I am lions of citizen-soldiers—and millions more World War II set the stage for business and honored to stand here as a representative of on the home front, men and women—to pre- industrial growth that helped us rebuild the the more than 16 million men and women serve democratic freedoms at a time when devastated nations of the world, and fueled a who served in World War II. God bless you murderous dictators threatened their very national prosperity that we continue to all. existence. Their service deserves commemo- enjoy today. It has been said that ‘‘to be young is to sit ration here, because they wrote an imperish- Over the past three years, we once again under the shade of trees you did not plant; to able chapter in the liberation of mankind— witnessed a coming together of the American be mature is to plant trees under the shade even as their nation accepted the respon- people in support of a worthy cause, and a of which you will not sit.’’ Our generation sibilities that came with global leadership. willingness to share some of our great has gone from the shade to the shadows so So I repeat: what makes this hallowed wealth to honor those who kept us free to some ask, why now—55 years after the peace ground? Not the marble columns and bronze pursue our individual dreams. treaty ending World War II was signed statues that frame the Mall. No—what sanc- The funding of the memorial was made aboard the USS Missouri. There is a simple tifies this place is the blood of patriots possible by corporations, foundations, and answer: because in another 55 years there across three centuries, and our own uncom- veterans organizations; by civic, professional won’t be anyone around to bear witness to promising insistence that America honor her and fraternal groups; by the states; by stu- our part in history’s greatest conflict. promises of individual opportunity and uni- dents in schools across the nation and hun- For some, inevitably, this memorial will versal justice. This is the golden thread that dreds of thousands of individual Americans. be a place to mourn. For millions of others, runs throughout the tapestry of our nation- I can’t possibly name all of our contribu- it will be a place to learn, to reflect, and to hood—the dignity of every life, the possi- tors—many are listed in your program. But I draw inspiration for whatever tests confront bility of every mind, the divinity of every do want to acknowledge a few whose gen- generations yet unborn. As one of many here soul. This is what my generation fought for erosity became the foundation of our suc- today who bears battle scars, I can never for- on distant fields of battle, in the air above cess: The associates and customers of Wal- get the losses suffered by the greatest gen- and on remote seas. This is the lesson we Mart and SAM’S Club stores, and the founda- eration. But I prefer to dwell on the victories have to impart. This is the place to impart tion and employees of SBC Communications, we gained. For ours was more than a war it. Learn this, and the trees planted by to- Inc., The Veterans of Foreign Wars and The against hated tyrannies that scarred the day’s old men—let’s say mature men and American Legion, The Lilly Endowment and Twentieth Century with their crimes against women—will bear precious fruit. And we may the State of Pennsylvania. humanity. It was, in a very real sense, a cru- yet break ground on the last war memorial. Their gifts led the way, but every bit as sade for everything that makes life worth Thank you all and God bless the United important were the grassroots efforts of living. States of America. Community Action Councils and individual Over the years I’ve attended many a re- volunteers across the country; and the en- union, and listened to many a war story— REMARKS OF FREDERICK W. SMITH, NATIONAL thusiasm of our young students, who showed even told a few myself. And we have about CO-CHAIRMAN, WWII MEMORIAL CAMPAIGN their appreciation for their family heroes reached a time where there are few around to When Senator Dole asked me to be a part through a variety of school recognition and contradict what we say. All the more reason, of this campaign, my first thoughts were of fund-raising activities. then, for the war’s survivors, and its widows my own family heroes—my Uncle Sam, my Senator Dole and I thank all who lent and orphans, to gather here, in democracy’s Uncle Bill, my Uncle Arthur and my father, their support to this campaign with their front yard to place the Second World War all of whom served in World War II—two in words of encouragement and generous gifts. within the larger story of America. After the Army and two in the Navy. It has been our pleasure to have played a today it belongs where our dwindling ranks Others in my family, including my mother, role in helping America say thank you to our will soon belong—to the history books. who is in the audience today, understood the World War II generation. Some ask why this memorial should rise in sacrifice necessary to achieve victory and the majestic company of Washington, Jeffer- joined the millions of Americans who sup- REMARKS OF AMBASSADOR F. HAYDN WILLIAMS, son, Lincoln and Roosevelt. They remind us ported the war effort from the home front. I CHAIRMAN, ABMC WWII MEMORIAL COMMITTEE that the Mall is hallowed ground. And so it thought, what a shame that there isn’t a me- is. But what makes it hallowed? Is it the President Clinton, WWII Veterans and La- morial to represent the tremendous sacrifice dies and Gentlemen: monuments that sanctify the vista before and amazing achievements of their genera- us—or is it the democratic faith reflected in I am grateful and privileged to have had tion. the opportunity to serve on the American those monuments? It is a faith older than I can’t imagine what this country or the Battle Monuments Commission, and to have America, a love of liberty that each genera- world would be like had all of those who been involved in the planning for the World tion must define and sometimes defend in its served so nobly overseas and at home not War II Memorial and at the beginning of my own way. prevailed. It was the single most significant remarks, I would like to acknowledge the It was to justify this idea that Washington event of the last century. valuable help I have received from the mem- donned a soldier’s uniform and later reluc- Think back to the pre-war depression bers of the Battle Monuments Commission tantly agreed to serve as first president of years. Factories were under-producing and 10 and the Memorial Advisory Board, especially the nation he conceived. It was to broadcast million Americans were unemployed. Count- the contributions of General Woerner, Dr. this idea that Jefferson wrote the Declara- less more had substandard, low paying jobs. tion of Independence, and later as president, Then, between 1941 and 1945, the number of Helen Fagin, Rolland Kidder, Jess Hay, and doubled the size of the United States so that jobless people dropped to one million, the General Pat Foote. it might become a true empire of liberty. It output of manufactured goods increased by I would also like to thank General John was to vindicate this idea that Abraham Lin- more than 300 percent, and average produc- Herrling, the Secretary of the American Bat- coln came out of Illinois to wage a bloody tivity was up 25 percent. America had be- tle Monuments Commission, and his staff for yet tragically necessary Civil War, purging come the world’s arsenal of democracy. their support. the stain of slavery from freedom’s soil. And Once mobilized, U.S. production lines an- Today marks a special moment in the na- it was to defend this idea around the world nually turned out 20,000 tanks, 50,000 air- tion’s history as we break ground for the Na- that Franklin D. Roosevelt led a coalition of craft, 80,000 artillery pieces, and 500,000 tional World War II Memorial here at the conscience against those who would extermi- trucks. Rainbow Pool. No other location in America nate whole races and put the soul itself in The enemy collapsed under America’s su- could possibly pay a higher tribute to the bondage. perior capability to manufacture and deliver event it will commemorate and to those it Today we revere Washington for breathing large quantities of equipment and supplies. honors and memorializes than this awe in- life into the American experiment—Jefferson Industry made an overwhelming contribu- spiring site—on the National Mall—the na- for articulating our democratic creed—Lin- tion to final victory, and this effort trans- tion’s village green. As David Shribman, of coln for the high and holy work of aboli- formed the nation forever. the Boston Globe, has written, ‘‘the Memo- tion—and Roosevelt for upholding popular But the national war effort extended be- rial, lying on the symbolic centerline of our government at home and abroad. But it isn’t yond the factories and shipyards into every nation’s history, is fully deserving of this only presidents who make history, or help home and involved Americans of all ages. singular honor because World War II is cen- realize the promise of democracy. Unfettered Scrap drives for tin, iron, rubber and news- tral to our history, central to our view of our by ancient hatreds, America’s founders papers linked local neighborhoods to those role in the world, and central to our values.’’ raised a lofty standard—admittedly too high on the front lines. We are deeply appreciative to those who for their own generation to attain—yet a Victory gardens were planted, promoting have made this site possible: the Congress continuing source of inspiration to their de- pride in ‘‘doing your part’’ while reducing de- for authorizing the location of the World scendants, for whom America is nothing if pendence on a system working overtime to War II Memorial in Washington’s monu- not a work in progress. supply food for our troops. mental core area; the Secretary of the Inte- If the overriding struggle of the 18th cen- But nothing reflected home front commit- rior for endorsing and making the site avail- tury was to establish popular government in ment and resolution more than the blue and able; and, finally, The National Commission

VerDate 14-NOV-2000 00:27 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.007 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11527 of Fine Arts and the National Capital Plan- has not changed. As I look into your eyes I me an amazing story. He said, ‘‘You know, ning Commission. After site visits and open feel that a great trial in your youth has one day a man from Easton, Pennsylvania, public hearings, both of these commissions made you different. It made you citizens of called our office. He was a 73-year-old Arme- have approved and subsequently reaffirmed the world.’’ nian-American named Sarkus Acopious.’’ this magnificent location. We, the heirs of your sacrifice, are citizens And he said, ‘‘You know, I’d like to make a The glory of the Memorial is its setting, of the world you made, and the nation you contribution to this memorial. Where do I surrounded by the visual and historic gran- saved. And we can only stand in awe at your mail my check?’’—this caller. deur of the Mall, and the beauty of it’s open silent courage, at your sense of duty, and at So he was given the address, and shortly vistas—which will remain open thanks to the sacred gift that you have offered to all after, this man who was grateful for the op- Friedrich St. Florian’s visionary design con- those who came after you. The honor of this portunities America had given him, a check cept. The addition of the World War II Me- day belongs to you. arrived in the office, a check for $1 million. morial to the Mall’s great landmarks will A veteran of our great war for freedom at But there were all the other checks as represent a continuation of the American home, General Joshua Lawrence Chamber- well, amounting to over $140 million in pri- story. It will provide a linkage of the demo- lain, who hailed from the great state of vate contributions. There were contributions cratic ideals of the past. Joining the com- Maine, once said of his comrades, ‘‘In great from those still too young to serve, indeed, pany of Washington and Lincoln, and the deeds something abides. On great fields far too young to remember the war. More Capitol, the site will encourage reflection on something stays. Forms change and pass, than 1,100 schools across our nation have American democratic core values across the bodies disappear, but spirits linger to con- raised money for the memorial by collecting span of three centuries. No other site in the secrate ground for the vision place of souls.’’ cans, holding bake sales, putting on dances. nation’s Capitol offers such visual and emo- The men and women of America’s armed Let me just tell you about one of them: tional possibilities. forces, those who inherited four spirit, who Milwaukie High School in Milwaukie, Or- At the dedication of this site five years ago defend the consecrated ground on which you egon. Five years ago, a teacher named Ken today, President Clinton proclaimed that fought, today carry on your noble work, pre- Buckles wanted to pay tribute to the World ‘‘from this day forward, this place belongs to serving what you have created, defending the War II veterans. He and his students the World War II generation and to their victory you achieved, honoring the great searched out local veterans and invited them families. Let us honor their achievements by deeds and ideals for which you struggled and to school for a living history day. upholding always the values they defended sacrificed. All of us, all of us, are truly and Earlier this week, Living History Day 2000 and by guarding always the dreams they deeply in your debt forever. honored more than 3,000 veterans with a re- fought and died for—for our children and our Now, on the 50th anniversary of D-Day, treated USO show that filled a pro basket- children’s children.’’ standing on the bluff that overlooks Omaha ball arena. Last year’s event raised $10,000 To this end, the Memorial will be a legacy, Beach, President Clinton observed that it is for the memorial, and students think that a noble gift to the nation from the American a ‘‘hallowed place that speaks, more than this year they’ll raise even more. people to future generations. It will be a anything else, in silence.’’ So many years Now what makes those kids fund raise and timeless reminder of the moral strength and after the merciless sound of war had dis- organize and practice for weeks on end? Well, the awesome power that can flow when a free sipated, the quiet and stillness of peace was many have grandparents and other relatives people are at once united and bonded to- hypnotically deep and profound. who fought in the war, but there must be gether in a just and common cause. World Today, as we break ground on another si- more to it than that. They learned from War II was indeed a special moment in time, lent sentry which will stand as a reminder of their families and teachers that the good life one which changed forever the face of Amer- the long rattle of that now distant war, we they enjoy as Americans was made possible ican life and the direction of world history are honored to have with us a commander-in- by the sacrifices of others more than a half . . . and, I might add, the lives of many, if chief who has stood tall and strong for Amer- century ago. not most, of those in the audience this after- ican leadership for peace and democracy, And maybe most important, they want us noon. who refused to remain indifferent to the to know something positive about their own When finished, the Memorial will be a new slaughter of innocent civilians, to the bar- generation as well, and their desire to stand and important gathering place, a place for barity that we all thought that Europe for something greater than themselves. They the joyous celebration of the American spirit would never see again, who refused to see didn’t have the money to fly out here today, and national unity. It will be a place for evil re-ignited—the evil that you fought so but let’s all of us send a loud thank you to open democratic discourse, formal cere- hard to stamp out. He led our allies to defeat the kids at Milwaukie High School and their monies, sunset parades, band concerts, and the final echo of the horrors from the 20th teacher, Ken Buckles, and all the other other memorial events. It will, in essence, be Century, preserving the victory you won so young people who have supported this cause. The ground we break today is not only a a living memorial, as well as a sacred shrine long ago. For nearly four years now, it has been my timeless tribute to the bravery and honor of honoring the nation, the homefront, the honor to serve, and is now my great pleasure one generation, but a challenge to every gen- valor and sacrifice of our Armed Forces, our to introduce, the President of the United eration that follows. This memorial is built allies, and the victory won in the Second States, Bill Clinton. not only for the children whose grandparents World War. served in the war, but for the children who Now is the time to move forward to meet REMARKS OF WILLIAM J. CLINTON, PRESIDENT will visit this place a century from now, ask- our last and most important goal—the con- OF THE UNITED STATES ing questions about America’s great victory struction of the Memorial and its formal for freedom. dedication on Memorial Day, 2003, a day that Senator Thurmond once told me that he With this memorial, we secure the memory will mark the end of a long and memorable was the oldest man who took a glider into of 16 million Americans, men and women journey. Normandy. I don’t know what that means, 56 who took up arms in the greatest struggle Thank you. years later, but I’m grateful for all of the members of Congress, beginning with Sen- humanity has ever known. ator Thurmond and all the others who are We hallow the ground for more than 400,000 REMARKS OF THE HONORABLE WILLIAM S. here, who never stopped serving their coun- who never came home. We acknowledge a COHEN, SECRETARY OF DEFENSE try. debt that can never be repaid. We acknowl- President Clinton, Senator Dole, Fred But most of all I want to say a thank you edge as well the men and women and chil- Smith, General Woerner, distinguished to Bob Dole, and to Elizabeth, for their serv- dren of the home front, who tended the fac- guests, honored veterans, ladies and gentle- ice to America. As my tenure as president tories and nourished the faith that made vic- men. draws to a close, I have had, as you might tory possible; remember those who fought We are gathering to break ground and to imagine, and up-and-down relationship with faithfully and bravely for freedom, even as raise a memorial of granite and stone, but— Senator Dole. But I liked even the bad days. their own full humanity was under assault: as has been said this afternoon—more deeply I always admired him. I was always pro- African-Americans who had to fight for the to honor the lives of those who saved this na- foundly grateful for his courage and heroism right to fight for our country, Japanese- tion, and this world, in its darkest hour. in war, and 50 years of service in peace. Americans who served bravely under a cloud From Guadalcanal to Omaha Beach, the mil- After a rich and long life, he could well of unjust suspicion, Native American code- lions of Americans who changed the course have done something else with his time in talkers who helped to win the war in the Pa- of civilization itself will have their names these last few years, but he has passionately cific, women who took on new roles in the etched in the book of history in a far more worked for this day, and I am profoundly military and at home. profound and permanent way than even the grateful. Remember how, in the heat of battle and words to be inscribed on the arches that will I also want to thank the men and women the necessity of the moment, all of these rise around us. and boys and girls all across our country who folks moved closer to being simply Amer- The great warrior and jurist Justice Oliver participated in this fund-raising drive, tak- ican. Holmes, Jr. once looked into the eyes of his ing this memorial from dream to reality. And we remember how after World War II, graying fellow veterans and spoke words Their stories are eloquent testimony to its those who won the war on foreign battle- that ring with vibrancy and relevance to us meaning. fields dug deep and gave even more to win today, ‘‘The list of ghosts grows long. The Senator Dole and I were sitting up here the peace here at home, to give us a new era roster of men grows short. Only one thing watching the program unfold today. He told of prosperity, to lay the foundation for a new

VerDate 14-NOV-2000 01:00 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.010 pfrm02 PsN: S14PT1 S11528 CONGRESSIONAL RECORD — SENATE November 14, 2000 global society and economy by turning old dent, and she exemplifies the rewards our recent Federal and State elections. adversaries into new allies, by launching a that individuals and society as a whole In Vermont 63 percent of registered movement for social justice that still lifts realize when education is a priority. I voters went to the polls and voted. In millions of Americans into dignity and op- know her family, especially her moth- other States it was a bit more, in some portunity. I would like to say once more, before I go, er, Kemmer McCall of Gulfport, is very a bit less. to the veterans here today what I said in proud of her. The 2000 presidential election re- Normandy in 1994: Because of you, my gen- f minds us all that every vote counts. eration and those who have followed live at State electoral votes for President and a time of unequaled peace and prosperity. We VICTIMS OF GUN VIOLENCE Vice President may be decided in some are the children of your sacrifice and we Mr. LEVIN. Mr. President, it has States by the fewest in history, lit- thank you forever. been over a year since the Columbine erally a handful of votes. In New Mex- But now, as then, progress is not inevi- tragedy, but still this Congress refuses ico, the counting continues and the table. It requires eternal vigilance and sacrifice. Earlier today, at the Veterans Day to act on sensible gun legislation. outcome is very close. In Florida, the ceremony at Arlington National Cemetery, Since Columbine, thousands of Amer- counting continues and the outcome is we paid tribute to the fallen heroes of the icans have been killed by gunfire. Last very close. United States Ship Cole, three of whom have Tuesday, on Election Day, voters in Likewise in Washington State, the recently been buried at Arlington. The cap- Colorado and Oregon fed up with such vote for the Senator from Washington tain of the ship and 20 of the crew members violence voted overwhelmingly to close is still being counted and is very close. were there today. We honor them. the gun-show loophole, which extends A number of House congressional races Next week I will go to Vietnam to honor background checks to all prospective remain very close and final results may the men and women America lost there, to stand with those still seeking a full account- purchasers of firearms at gun shows. have to await recounts and the out- ing of the missing. Voters in those states recognized the come of protests and challenges. The But at the same time, I want to give sup- need to pass responsible gun laws that results of the Senate and House elec- port to Vietnamese and Americans who are can keep our schools and streets safe. tions are such that the House and Sen- working together to build a better future, in Now, Congress should follow their lead. ate themselves will have equal num- Vietnam, under the leadership of former con- Until Congress acts, those of us in bers or almost equal numbers of Demo- gressman and former Vietnam POW, Pete the Senate who are committed to en- crats and Republicans. Peterson, who has reminded us that we can acting responsible gun laws, will read I want to commend all those who do nothing about the past but we can always change the future. the names of a number of those who participated. I welcome our newest That’s what all of you did after the war have lost their lives to gun violence in Senators-elect. Many are in town this with Germans, Italians and Japanese. You’ve the past year. The following are the week. I welcome JEAN CARNAHAN, built the world we love and enjoy today. names of some of the people who were DEBBIE STABENOW, TOM CARPER, JON The wisdom this monument will give us is killed by gunfire one year ago today. CORZINE, MARK DAYTON, BEN NELSON, to learn from the past and look to the fu- NOVEMBER 14, 1999 BILL NELSON, and HILLARY RODHAM ture. May the light of freedom that will CLINTON. In addition, we may be joined stand at the center of this memorial inspire Kenneth Jeffcoat, 18, Washington, every person who sees it to keep the flame of DC; by Maria Cantwell. We will be joined freedom forever burning in the eyes of our George Jones, 20, Washington, DC; by GEORGE ALLEN, and JOHN ENSIGN. children, and to keep the memory of the Derrick Rogers, 43, Detroit, MI; All will add greatly to our ranks and, I greatest generation warm in the hearts of Andrian Thomas, 23, Detroit, MI; hope, to the Senate’s ability to find an- every new generation of Americans. Unidentified male, 25, Long Beach, swers to the problems of the American Thank you and God bless America. CA; people. f Unidentified male, 20, Norfolk, VA; The Congress will be confronted with and a number of challenges. We will need to RECOGNITION OF SALISSA Unidentified male, San Francisco, find ways to work together. In the Sen- WAHLERS CA. ate, the possibility of a Senate equally Mr. LOTT. Mr. President, I rise today Following are the names of some of divided among Democrats and Repub- to commend Salissa Wahlers of Gulf- the people who were killed by gunfire licans has prompted the Democratic port, Mississippi, for her selection to one year ago on November 2, 1999, the Leader to make the suggestion that we the Peace Corps program. Salissa is last day the Senate was in session. consider new and less confrontational teaching English in Uzbekistan, where NOVEMBER 2, 1999 organizational principles that would she will be working for the next two Robert Lee Covington, 51, Memphis, include equal membership ratios on our years. This is only Salissa’s most re- TN; Committees and equal staffing and eq- cent accomplishment, and it adds to a Carey Jackson, 34, Fort Worth, TX; uitable sharing of resources. Those are long list that has grown throughout Eddie Kennedy, 28, Atlanta, GA; suggestions that should be seriously her life. Victor Killebrew, 36, St. Louis, MO; considered. I look forward to working Salissa graduated from Middlebury Dwayne Lemon, 36, Chicago, IL; with all Senators in the coming days: College where she received a Bachelor Douglas Pendleton, 30, Chicago, IL; Senators in this Congress as we com- of Arts degree in political science and Joseph Slater, 19, Kansas City, MO; plete our work before adjourning sine sociology/anthropology. She was Angel Walker, 20, St. Louis, MO; die and Senators in the next Congress named Woman of the Year by the Wom- Charles Watts, 19, Philadelphia, PA; as we organize for our work in Janu- en’s Studies Program while at Unidentified female, San Francisco, ary. Middlebury. While in college, Salissa CA; f participated in the semester abroad Unidentified male, 40, Honolulu, HI; DEPRESSION, SUICIDE, AND program by attending Monash Univer- Unidentified male, 30, Honolulu, HI; MEDICARE sity in Melbourne, Australia. Addition- Unidentified male, 58, Honolulu, HI; ally, she attended a winter semester at Unidentified male, 54, Honolulu, HI; Mr. WELLSTONE. Mr. President, I Berea College in Kentucky as a part of Unidentified male, 46, Honolulu, HI; rise today to call attention to new data her college’s winter term exchange pro- Unidentified male, 36, Honolulu, HI; with respect to older Americans and gram. and mental illnesses that support swift Mr. President, Salissa worked for Unidentified male, 36, Honolulu, HI. consideration by the Senate of the three years during college to complete The deaths of these people are a re- Medicare Mental Health Modernization her honors thesis, which is very im- minder to all of us that Congress must Act, S. 3233, a bill that I introduced on pressive for an undergraduate student. enact sensible gun legislation now. October 25, 2000. Her hard work paid off when she was f Throughout my Senate career, I have able to present part of her thesis at the been concerned about mental illness Northeastern Anthropological Associa- ON THE RECENT ELECTION and the unfair discrimination faced by tion Conference in Queens, New York, Mr. LEAHY. Mr. President, I con- those with this serious illness. We now this spring. She is clearly a model stu- gratulate all those who participated in know from Surgeon General David

VerDate 14-NOV-2000 01:48 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.012 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11529 Satcher, in his recent report, ‘‘Mental across the vast expanse of the Arabian cials all across South Dakota in an ef- Health: A Report of the Surgeon Gen- desert, America’s Marines have shown fort to find solutions to the most press- eral,’’ that the rate of major clinical the world the meaning of ‘‘Semper Fi.’’ ing problems facing the people of my depression and the incidence of suicide Through the long march of our his- state. A number of issues that Congress among senior citizens is alarmingly tory, few military organizations have can address were brought to my atten- high. This report cites that about one- been held in such high esteem as the tion through these meetings, and I con- half of patients relocated to nursing United States Marine Corps. Our Ma- tinue to find this statewide dialog ex- homes from the community are at rine Corps are men and women of great tremely valuable on further developing greater risk for depression. Moreover, character. They are smart, tough, dedi- a community approach to reducing up to 37% of older adults treated in pri- cated, and faithful, truly the best crime. I’ve worked on a bipartisan mary care settings experience symp- America has to offer. For 225 years, basis with my colleagues in the United toms of depression. At the same time, they have stood for all that is great States Senate to help South Dakota the Surgeon General emphasizes that about this nation: honor, courage, and communities get the resources they depression ‘‘is not well-recognized or commitment. Their values, sense of need to address the crime problems treated in primary care settings,’’ and courage, and quiet, steadfast character they face. calls attention to the alarming fact remain timeless and valuable commod- COMMUNITY POLICING AND THE COPS PROGRAM that older people have the highest ities for an age in which our Nation’s Community Policing has proven ef- rates of suicide in the U.S. population. interests face considerable new threats. fective in reducing crime rates nation- Contrary to what is widely believed, Throughout their great history, Ma- wide, and I am optimistic that such ef- suicide rates actually increase with rines protected America’s interests, forts in our small towns will prove age, and, as the Surgeon General points struggled against foes who attempted equally successful. As you know, the out, ‘‘depression is a foremost risk fac- to do our country harm, and remained majority of potential offenders, both tor for suicide in older adults.’’ at the forefront of our Nation’s efforts juvenile and adult, in our state are still Clearly, Mr. President, our nation to maintain global peace and stability. within reach of rehabilitation and sup- must take steps to ensure that mental In hundreds of distant lands, from port to put them back on track as pro- health care is easily and readily avail- Nicaragua to Lebanon to Somalia, Ma- ductive, law abiding citizens. able under the Medicare program. S. rines restored and maintained order, I believe the Congress must assist 3233, the Medicare Mental Health Mod- aided people in distress, provided pro- state and local efforts to crack down ernization Act, takes an important tection for the weak, and upheld the on crime by continuing federal support first step in that direction. It is time values that have come to define our through funding for localized pro- to take this potential fatal illness seri- country on the world stage. Many grams. One of the most successful pro- ously. I believe we must do everything made the ultimate sacrifice in the grams in South Dakota has been the we can to make effective treatments service of their country, and we honor COPS program. Since 1995, the COPS available in a timely manner for older their memory. program has allowed South Dakota adults and others covered by Medicare, In my hometown of New Orleans, we communities to hire 290 new police of- and help prevent relapse and recur- are fortunate enough to be rich in Ma- ficers. In addition, the COPS program rence once mental illness is diagnosed. rine Corps history and tradition. We has expanded recently to help school The mental health community is are the proud home of the Marine districts hire police resource officers to very aware of the problems in the Forces Reserve Headquarters where deal with youth violence in South Da- Medicare system and is fighting to im- Major General Mize commands more kota schools. The COPS in School’s prove it. I want to thank those groups than 104,000 Reserve Marines all across program has committed $1.25 million to that have supported this initial effort the United States. We are also the South Dakota communities. to improve mental health care in the home of the last Medal of Honor winner Although the COPS program has Medicare program, particularly the in the Vietnam War, General James E. helped reduce the overall crime rate American Mental Health Counselors Livingston. Despite the fact that then- nationwide and has been extremely Association (AMHCA) for their leader- Captain Livingston was wounded a popular with local law enforcement in ship role in fighting for improved men- third time and unable to walk, he our state, I find myself once again tal health care coverage for seniors steadfastly remained in a dangerously working to make sure the program is under Medicare. Their support joins exposed area, supervising the evacu- adequately funded. I support the Ad- that of the other major mental health ation of casualties. Only when assured ministration’s request of $1.3 billion for groups mentioned in my earlier state- of the safety of his men did he allow the COPS program to hire 7,000 new po- ment, as well as the Association for the himself to be evacuated. His valor on lice officers nationwide, provide local Advancement of Psychology, the Clin- the battlefield epitomizes the spirit of law enforcement with advanced crime ical Social Work Federation, the Fed- the Marine Corps. fighting technology, hire more commu- eration of Families for Children’s Men- As we set out in this new century, nity prosecutors, expand crime preven- tal Health, the International Associa- the importance of our Marine Corps tion programs, enhance school safety tion of Psychosocial Rehabilitation has never been more clear. Tomorrow, programs, and assist law enforcement Services, and the National Council for as today and for generations past, the on Indian Reservations. At this level of Community Behavioral Healthcare. I razor sharp readiness of the United funding, South Dakota would receive want to applaud the determination of States Marine Corps serves as a beacon an estimated $734,000 next year to help these groups for stepping forward to to America’s friends and a warning to fight crime in our communities and in fight for the rights of those with men- our enemies, promising swift action, Indian Country. tal illnesses, and their commitment to great victories and richer traditions However, the Senate and House Lead- improving mental health services fund- yet to come. ership’s inability to pass the annual ed by the Medicare program. On this day, I offer warmest regards appropriations bills has put COPS f to all who have worn the eagle, globe funding in jeopardy. I will continue to and anchor, and to the families who work with my colleagues to increase HONORING THE MARINE CORPS also serve by supporting them. You funding for this critical program and 225TH BIRTHDAY represent all that is wonderful about am hopeful that common sense will Ms. LANDRIEU. Mr. President, On our Nation. prevail over partisan gamesmanship on November 10th, we honored the 225th f this crucial issue. birthday of the United States Marine THE KYL-JOHNSON FEDERAL PRISONER HEALTH Corps. For more than two centuries, HELPING SOUTH DAKOTA CARE COPAYMENT ACT the United States Marine Corps has ex- COMMUNITIES FIGHT CRIME Senator JON KYL (R–AZ) and I intro- emplified the highest virtues of loy- Mr. JOHNSON. Mr. President, duced two years ago a bill to require alty, service, and sacrifice. From the throughout the past year, I continued federal prisoners to pay a nominal fee Barbary coast to the far reaches of the working with local and state commu- when they initiate certain visits for Pacific, in the jungles of Vietnam and nity leaders and law enforcement offi- medical attention. Fees collected from

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.017 pfrm02 PsN: S14PT1 S11530 CONGRESSIONAL RECORD — SENATE November 14, 2000 prisoners will either be paid as restitu- state received funding through the Vio- ADDITIONAL STATEMENTS tion to victims or be deposited into the lence Against Women Act. Shelters, Federal Crime Victims’ Fund. I am victims’ service providers, and coun- pleased that the President recently seling centers in South Dakota rely signed into law the Kyl-Johnson Fed- heavily on these funds to provide as- TRIBUTE TO COL. ROBERT F. SINK eral Prisoner Health Care Copayment sistance to these women and children. ∑ Mr. MILLER. Mr. President, history Act. The original Violence Against gives us many examples of men and South Dakota is one of 38 states that Women Act increased penalties for re- women who went above and beyond the have implemented state-wide prisoner peat sex offenders, established manda- call of duty to serve our great country. health care copayment programs. The tory restitution to victims of domestic In our military, there have always been Department of Justice supported ex- violence, codified much of our existing men and women who were not satisfied tending this prisoner health care co- laws on rape, and strengthened inter- with maintaining the status quo, but payment program to federal prisoners state enforcement of violent crimes who, instead, strove to make our in an attempt to reduce unnecessary against women. I am pleased to support armed forces the world’s finest and the medical procedures and ensure that efforts this year that strengthen these most powerful. One such individual was adequate health care services are avail- laws, expand them to include stalking the late Colonel Robert F. Sink, com- able for prisoners who need them. on the internet and via the mail, and mander of the 506th Parachute Infantry My interest in the prisoner health provide local law enforcement with ad- Regiment in Toccoa, Georgia. care copayment issue came from dis- ditional resources to combat domestic The 506th Parachute Infantry Regi- cussions I had in South Dakota with a violence in their communities. ment was constituted on July 1, 1942 in number of law enforcement officials the Army of the United States, acti- and U.S. Marshal Lyle Swenson about JUVENILE JUSTICE vated July 20, 1942 at Camp General the equitable treatment between pre- While I am pleased that Congress Robert Toombs at Toccoa, Georgia, at- sentencing federal prisoners housed in continued to debate Juvenile Crime tached to the 101st Airborne Division county jails and the county prisoners legislation this session, I am dis- on June 1, 1943 and assigned to the residing in those same facilities. Cur- appointed that Senate and House Lead- 101st Airborne Division on March 1, rently, county prisoners in South Da- ership will allow Congress to adjourn 1945. The camp located at Currahee kota are subject to state and local laws without enacting important juvenile Mountain in Toccoa was soon renamed allowing the collection of a health care crime prevention programs into law. Camp Toccoa and was chosen because copayment, while Marshals Service The leadership of several of America’s of its rugged terrain. The 506th Regi- prisoners are not, thereby allowing fed- law enforcement organizations, along ment selected the symbol of the eral prisoners to abuse health care re- with prosecutors and crime survivors, Currahee Mountain as its Coat of Arms sources at great cost to state and local have consistently endorsed quality and ‘‘Currahee’’ became its battle cry. law enforcement. child care and after-school programs as As our legislation moved through the It was here, in Toccoa, that Col. Sink a primary way to dramatically and im- Senate Judiciary Committee and Sen- initiated his rigorous training program mediately reduce crime. ate last year, we had the opportunity called ‘‘Muscle College’’ and set many to work on specific concerns raised by I will continue to support significant of the standards for the paratrooper South Dakota law enforcement offi- increases in funding for Head Start, basic training program of the 101st Air- cials and the U.S. Marshals Service. Early Head Start, after-school pro- borne Division. Because of Col. Sink’s Senator KYL was willing to incorporate grams and the Child Care and Develop- efforts, the 506th Parachute Infantry my language into the Federal Prisoner ment Block Grant program in large established records never before Health Care Copayment Act that al- part because of the potential these pro- reached by any military unit in the lows state and local facilities to collect grams have to reduce juvenile crime world. Furthermore, Airborne infantry- health care copayment fees when hous- and domestic violence nationwide. men around the nation recognized the ing pre-sentencing federal prisoners. ‘‘Currahee trained’’ men from Camp COMBATTING METHAMPHETAMINE IN SOUTH Toccoa as a cut above their peers in VIOLENCE AGAINST WOMEN ACT DAKOTA I am pleased the President recently strength and performance. A number of South Dakota law en- signed into law a reauthorization of Col. Sink led his 506th Regiment into forcement officials and local leaders the landmark Violence Against Women combat on D-Day at Normandy, then to have told me that meth abuse has be- Act. The legislation is part of a larger Holland, Bastogne, France, Germany, come one of their top crime-fighting bill that also includes ‘‘Aimee’s Law.’’ and all the way to Hitler’s ‘‘Eagle priorities in the past few years. Meth I’ve supported Aimee’s Law’’ in the Nest.’’ By the end of World War II, the abuse threatens our young people, law past and am pleased this provision will 506th had received several coveted enforcement officers, and our environ- help crack down on states that fail to awards and decorations. The coura- ment. Once again, I led efforts to en- incarcerate criminals convicted of geous service of the 506th Parachute hance punishments of meth operators, murder, rape, and dangerous sexual of- Infantry Regiment was due, in no small mandate restitution for meth lab fenses for long prison terms. measure, to the tireless efforts of Colo- I’ve been involved in the campaign to clean-up, and increase funding for nel Robert F. Sink, a true American end domestic violence in our commu- treatment and prevention efforts. I hero. In honor of this great man, the nities dating back to 1983 when I intro- also joined Senator TOM HARKIN (D–IA) Currahee Mountain Road, which duced legislation in the South Dakota in successfully securing emergency changed the boys of the famous State Legislature to use marriage li- funding for meth lab clean-up efforts in ‘‘Currahee’’ Regiment into men, will be cense fees to help fund domestic abuse South Dakota and nationwide. fittingly renamed the ‘‘Col. Robert F. shelters. In 1994, as a member of the There is much to be done to bring Sink Memorial Trail.’’ U.S. House of Representatives, I helped crime rates in our state down, and to I hope my colleagues will join with get the original Violence Against help every South Dakotan feel safe in me today in honoring this great man Women Act passed into law. Since the their home and community. I look for- and his groundbreaking work on behalf passage of this important bill, South ward to continuing my work with state of our nation’s security. For those Dakota has received over $8 million in and local leaders, law enforcement under Colonel Sink’s tutelage who will funding for battered women’s shelters agencies in South Dakota, and my Re- travel back to Toccoa for this impor- and family violence prevention and publican and Democratic Senate col- tant reunion and celebration, I wish services. leagues in Washington. Together, by you the best and thank you for your In South Dakota alone, approxi- focusing on community crime preven- service. Finally, special thanks should mately 15,000 victims of domestic vio- tion and by investing in our kids, I be- be extended to State Representative lence were provided assistance last lieve we can make progress in address- Mary Jeanette Jamieson for her work year, and over 40 domestic violence ing the unique needs of our South Da- on this project. It was a pleasure to be shelters and outreach centers in the kota communities. involved in such a worthy effort.∑

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.013 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11531 TRIBUTE TO REVEREND WILLIE his success is due to his genuine love of Society of Health-System Pharmacy JAMES life and people. annual meeting, and served as a con- ∑ Mr. LAUTENBERG. Mr. President, I This immigrant from Lebanon, em- sultant to several South Dakota hos- rise today to recognize the great work bodies the ultimate success story of pitals and law firms. Additionally, of a civil rights pioneer and chapter the American dream. Much of why he Brian has authored or co-authored ap- president of the National Association is being honored is because of his dedi- proximately twenty-five professional for the Advancement of Colored People cation and loyalty to the citizens of articles and is currently the editor of of Willingboro, New Jersey, Reverend the city of Hamtramck and his beloved the South Dakota Journal of Medi- Willie James, on the occasion of his re- Lebanon. When the economy recessed cine’s Pharmacology Focus column, ceiving the award for exemplary com- and auto sales reflected a downturn, published monthly in South Dakota’s munity service. Woody never considered moving his Physician Journal. He has made nu- Reverend James began his work for dealership from the community that merous major presentations both re- civil rights in 1958 when he attempted supported him through prosperous gionally and nationally, and received to buy a house in Willingboro’s Levitt times. Hailed for his philanthropic ac- several awards over the years for his community. He was told that houses tivities, he spearheaded a drive to build notable career. would not be sold to African-Ameri- a new facility for the Hamtramck Pub- Throughout the past three months, cans. Reverend James decided to sue. lic Library. In addition, he has worked Brian has worked on a number of Two years later, the United States Su- with Junior Achievement and the Ro- projects in my office dealing with phar- preme Court officially integrated tary Club for more than 50 years ac- macy and health care. Brian led re- Willingboro, enabling Reverend James complishing projects which support search efforts regarding a comprehen- to become one of the community’s first community growth. Woody has also sive study comparing prescription drug African-American residents. been just as committed to the people of prices throughout South Dakota and In 1974, work demands forced Rev- his homeland, where he has built a the impact of rising drug costs on erend James to move to Rhode Island. school and medical clinic. those without insurance. Many mil- Although Woody promises to con- While in Rhode Island, Reverend James lions of Americans, both Medicare age tinue his work in the community, joined a statewide commission that and younger have either inadequate or interacting with various civic and fra- studied disparities in white and minor- no prescription drug insurance at all. ternal organizations for the good of the ity prison rates than whites. There are roughly 39 million Medicare community, the industry has lost its Eventually Reverend James returned beneficiaries in this country, one third senior statesman and he will be sorely to New Jersey where his level of activ- of whom have no prescription drug cov- missed. We all wish Woody continued ism flourished. He became president of erage. At a time, when drug prices are health, happiness and prosperity in the the Willingboro chapter of the NAACP. rising at rates far greater than the rate years ahead. I am sure my colleagues During his time as president, Reverend of inflation and seniors around this join me in the celebration of the life of James made great progress researching country are forced to choose between Mr. Woodrow W. Woody, extending to the issue of disproportionate African- buying food or pills, we have an inad- him the good will and wishes of the American male imprisonment. equate Medicare program that provides Senate.∑ In the recent election, Reverend no coverage for prescription drug costs. James and the local chapter of the f The study that Brian spearheaded pro- NAACP worked on motivating minori- RECOGNITION OF BRIAN KAATZ, vided me with crucial data and real life ties to vote. Reverend James is a re- PHARM. D. stories depicting the impact of this issue for South Dakotans, young and cipient of more than 30 local and na- ∑ Mr. JOHNSON. Mr. President, I rise old alike. Brian’s research furnished tional awards for his commitment to today to express my appreciation for my office with up-to-date and unbiased public service. the contributions of Brian Kaatz, information that enabled me to com- I am pleased to honor Reverend Pharm. D. who has worked as part of municate effectively with my constitu- Willie James on this joyous occasion. my staff for the past three months as a ents, especially pharmacists, during His family, his friends, and his commu- senior Fellow. Brian’s expertise in the this time. Unfortunately, Congress was nity are indebted to him for his area of pharmacology has made him a not able to come to an agreement on unyielding service. This honor is rich- tremendous asset to my legislative how we provide Medicare beneficiaries ly-deserved. I salute him on yet an- staff, and I am fortunate to have had ∑ with prescription drug coverage, there- other great achievement. his assistance. When he returns to the fore the information that Brian com- f Department of Clinical Pharmacy at piled for me will be critically impor- South Dakota State University in De- tant as I work on this issue in the 107th IN RECOGNITION OF MR. cember, I know he will be missed im- Congress next year. WOODROW W. WOODY mensely by me and my entire staff. ∑ Mr. LEVIN. Mr. President, on Thurs- Fellows are often considered secret Brian also facilitated discussions day, November 16, 2000, the people of weapons to the Members they assist. with the Government Accounting Of- Michigan, will pay tribute to Mr. Brian has been no exception. He came fice, GAO, on two subject matters in- Woodrow W. Woody, president and to my office with a distinguished pro- volving direct-to-consumer advertising owner of the longest running car deal- fessional career accompanied by a of prescription drugs and conflict of in- ership in the Nation—Woody Pontiac wealth of experience within the phar- terest matters involving the Food and Sales, Inc. Mr. Woody, who continued macy industry. While his expertise lies Drug Administration’s Advisory Com- active participation in the business, in clinical pharmacy, Brian’s interests mittee members. The research Brian until he was 92 years old in June 2000, range from issues involving infectious conducted in these two areas will pro- when he officially closed the Pontiac diseases and use of antibiotics, nutri- vide me with the basis for further dis- dealership he opened in the city of tion, health care ethics, drug policy cussions with GAO and congressional Hamtramck, MI in 1940. and roles for pharmacists. committees seeking hearings into Mr. Woody has come to be known as Currently a Professor and Depart- these matters. Brian previously au- the pillar of his industry. In 1966, his ment Head of Clinical Pharmacy at the thored and co-authored two articles dealership hit its peak year with the South Dakota State University, Brian specifically on the subject of direct-to- sale of 2,200 cars. Revered by his peers has had a career filled with accom- consumer advertising and has com- and the people of Michigan, he was in- plishments. He has been president of pleted extensive research in this field. ducted into the Automotive Hall of the South Dakota Society of Hospital I ask to have the contents of these Fame. Over the 60-year operation of his Pharmacists, a member of the com- two articles printed in the RECORD fol- dealership, Woody, as he is called by mittee that re-wrote the pharmacy lowing completion of my statement. friends and family, estimates that he practice act passed by the South Da- One of the most important tasks as a sold over 100,000 Pontiacs, one of Gen- kota legislature in 1992, an official del- Senator is to communicate with your eral Motors’ leading products. He says egate several times to the American constituents back home. Balancing my

VerDate 14-NOV-2000 01:28 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.019 pfrm02 PsN: S14PT1 S11532 CONGRESSIONAL RECORD — SENATE November 14, 2000 duties in Washington with my schedule relieved the viewing public from the some- marketing techniques, a specific inquiry into in South Dakota is often challenging times bizarre, oblique ads that were seen the goals and ideals of medical practice is due to uncertainties of the Senate prior to this, when requirements limited warranted. Most physicians take for granted schedule. Brian’s established relation- drugs to a name but no detail as to its use. the notion that the patient’s interest is of Even relatively astute observers were some- primary importance and that moral dilem- ship with the South Dakota Phar- times confused about the intent of these mas in medicine are appropriately resolved macist’s Association, South Dakota commercials. through a patient-centered ethic. Kass re- Board of Pharmacy and several na- Now, patients and other interested parties flects this view when he notes that ‘‘loyalty tional pharmacy organizations was ex- are referred to the Internet or other sources to the patient must be paramount, first, be- tremely crucial to his work with my ‘‘for more information,’’ though they obvi- cause the mysterious activity of healing de- office. He was able to advance discus- ously are already headed down the road of pends on trust and confidence, which is sions surrounding several issues with special interest in that drug. lodged by the vulnerable and dependent pa- Beyond the easy questions that would ask, tient with the physician, in the very act of these groups which will aid me tremen- why can’t these tens of millions of dollars be submitting to his care.’’ dously in my future work with pre- used to lower drug costs, or be put into re- The basis for such a patient-centered ethic scription drugs, roles of pharmacists search for new and safer pharmacologic enti- derives from, and is consistent with, basic and other health policy matters. ties, what of the ethics of direct-to-consumer ethical principles. Veatch’ characterizes Brian can take pride in his career advertising? these principles as the ‘‘basic social con- and dedication to health care issues. Patient autonomy has been argued else- tract,’’ and he points out that diverse ethical He is a recognized health care expert, where as being the preeminent ethics prin- systems frequently arrive at a similar core of basic principles and derivative rules. an educator, an author, an advocate ciple. There is a strong case for patients knowing as much as they can reasonably un- Often such principles include autonomy, and a friend. I wish to express my deep derstand about disease processes and medica- nonmaleficence and beneficence. On the gratitude to Brian for a job well done. tion risks and advantages. There is also a basis of such articulated principles, society I wish him the very best in his future strong case for patients being actively in- can proceed to define the nature of relation- endeavors. volved in their own therapeutic journeys and ships between a profession and society. The articles follow. fully participating in these kinds of deci- Veatch argues that this process can establish that a contract or covenant exists between [From the South Dakota Journal of sions. But can we relate direct-to-consumer the physician and society and between the Medicine, Dec. 1998] advertising with true patient autonomy? Is advertising valuable in the effort to develop physician and the individual patient. This DIRECT-TO-CONSUMER ADVERTISING OF PRE- autonomous decision making? There is a covenant arguably mandates a patient-cen- SCRIPTION DRUGS: AN ETHICAL PERSPECTIVE case for answering these questions in the tered ethic in medicine, guided by adherence (By Brian Kaatz) negative. to those basic ethical principles society has There is no doubt to anyone who reads this It must be remembered that patient auton- defined and endorsed. that the detailing and promotion of prescrip- omy does not begin and end with the simple Of these major principles, autonomy dic- tion drugs is big business. Thousands of sales act of a patient making a decision. To the tates that the physician treat the patient representatives are employed and millions of contrary, autonomous decision-making oc- with dignity and respect and that the pa- dollars are spent annually to explain the pu- curs only when there is a fully informed de- tient be allowed to participate in his or her tative advantages of certain products over cision-maker. Autonomy is based upon that own health care decisions. Nonmaleficence others. important element. Thus, one can readily see warrants that the physician endeavor to Notably, the effort by pharmaceutical that a brief, colorful advertisement by itself avoid causing the patient harm through his manufacturers to expand market share of offers little in the way of full disclosure and actions. The sense of this principle, thought certain targeted prescription drugs has tra- does not contain the complete tools nec- to derive from the Oath of Hippocrates, is ditionally been directed solely to health pro- essary to make an autonomous decision. often quoted in the Latin phrase primum non fessionals. This has changed in a big way. It perhaps is particularly important in nocere (first, do no harm). Beneficence stipu- Newspapers, magazines, and television are these situations for doctors to maintain a lates that the physician work actively to inundated with prescription drug promotions healthy beneficent attitude which could re- benefit the patient by contributing to his or aimed at attracting the attention and inter- sult in a patient receiving a drug with which her health and welfare. est of the public. Advertisements are in- his physician is familiar and comfortable, In this ethical framework, it is possible to tended to stimulate the individual interest rather than the one that is most persistently characterize the impact that pharmaceutical of patients, which then potentially will re- on prime time. It is not a disservice to at- marketing techniques have on the physician- sult in inquiries (or demands) directly to tempt to dissuade a patient who is only par- patient relationship. The pharmaceutical de- physicians for that product. This approach tially armed with knowledge from commit- tail man promotes his company’s products to may seem entirely satisfactory to the gen- ting to long term therapy with a potentially physicians in a number of ways. He or she eral public, but it is potentially problematic suboptimal drug. And it is not true auton- frequently calls on physicians in their offices from several standpoints. omy that is being exerted when a patient and also meets with them in the hospital. Even under the best of circumstances, presses for that drug. What might at first Often in hospitals the representatives from most clinicians will admit that their knowl- glance seem like autonomy lost is actually various pharmaceutical companies partici- edge of new drug products is far from com- beneficence gained. pate in a rotational schedule for operating a drug display in a prominent location, usually plete. Ideally, a perspective of when or if to [From the Journal of Medical Humanities near the physicians’ entrance. A detail man use a new product will come from careful and Bioethics, Spring/Summer 1987] surveillance of the primary literature, con- frequently has one or two drugs to promote THE PHYSICIAN AND THE PHARMACEUTICAL sultation with a respected and knowledge- actively, and literature and visual displays DETAIL MAN: AN ETHICAL ANALYSIS able colleague, or from an unbiased, current which describe these agents. Each sales- review of a specific category of drugs. Many (By Jerome W. Freeman and Brian Kaatz) person argues why his or her drugs are better physicians pragmatically approach a new The principal focus of medical practice than competitors’ formulations. In addition drug intending to be ‘‘neither the first nor should be the patient’s interest. The physi- to a verbal message and printed information, last’’ to use it. This approach could under- cian’s conduct in the clinical realm should the detail man often has various ‘‘gifts’’ for standably be thwarted if a number of pa- consistently reflect this. Arguably, this ideal the physician. Pens or writing pads inscribed tients persistently request a particular prod- is not always realized. An example of a cir- with a particular drug name are common. uct as a result of the tried-and-true mar- cumstance in which the patient’s interest Gifts also include free texts, medical equip- keting approach of repetitive media encoun- does not predominate occurs in the context ment (such as reflex hammers and ters and high product visibility. of the physician’s interaction with pharma- penlights), and medical bags (typically given A patient may not be understanding if her ceutical companies. These companies have a to graduating medical students). Drug sam- physician tells her that he has no experience variety of marketing techniques directed at ples are frequently offered. In addition, the with a drug when at the same time the pa- physicians in order to promote prescription detail man may coordinate more elaborate tient has seen it advertised maybe 20 times drugs. This essay will explore the ethical im- gratuities such as cocktail parties, refresh- in the last two weeks. What is wrong with plications of one aspect of these marketing ments at medical meetings (such as those of my doctor? Doesn’t he watch TV? programs—namely, the role of pharma- state medical association groups) and the The result may be subtle pressure or even ceutical salespersons. These men and women sponsorship of medical symposia. Specific coercion to prescribe the drug in question. have a variety of titles including ‘‘sales rep- examples of such marketing efforts are illus- Tens of millions of dollars are spent adver- resentative,’’ ‘‘medical sales liaison,’’ and trative. tising drugs like Claritin, Rezulin, Zocor, ‘‘detail man.’’ The latter term is commonly One of our community hospitals was ap- and Pravachol. Apparently, this approach used, apparently as a reflection of these rep- proached by a drug salesperson to partici- has been especially successful since August resentatives’ efforts to provide physicians pate in a study involving an antibiotic that of 1997, when the FDA allowed televised ad- with details or data about drugs. was on the market. This drug’s utilization vertisements to be exempt from detailed de- Before attempting to assess the ethical im- had been minimal because of increased cost scriptions of drug risks. This ruling at least plications of pharmaceutical companies’ to the patient and the fact that it offered no

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.016 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11533 substantive therapeutic advantage. The pro- cian-detail man relationship. Often the new organizations and individual physicians are posal extended to the physicians and hos- drug formulations which are promoted offer clearly party to, as well as beneficiaries of pital was to use the drug on a given number no meaningful advantage over older drugs. the present marketing techniques. Thus, of patients, at the patients’ expense. Physi- Yet, in taking them, the patient risks the there are powerful incentives to maintain cian participants in the study were to be ‘‘re- possibility of experiencing adverse effects as this longstanding system. The pharma- imbursed’’ 125 dollars for each patient en- yet undiscovered or not well publicized (even ceutical companies’ profit makes it under- rolled. This sum was designated to cover when the drug has been approved by the standably difficult for them to endorse ‘‘expenses’’ associated with the study. Food and Drug Administration). The recent sweeping changes in their current, successful A second example of an elaborate gratuity controversy surrounding the drug Oraflex marketing practices. Many medical organi- system has recently been utilized in our constitutes such an example. This drug was zations and their scientific journals are community. Selected physicians were in- vigorously promoted as a new, very effective largely dependent on the advertising which vited by a pharmaceutical company’s detail agent for arthritic symptoms. Shortly after is purchased by the drug companies. And cer- man to an expense-paid seminar in a popular its release, this agent was removed from the tainly the individual practitioner, too, clear- vacation city. The meeting focused on a new market because it was associated with seri- ly benefits from the current system of gifts antihypertensive drug (at the time, this drug ous liver toxicity in some patients. More- and gratuities. company had the only formulation of this over, the patient usually pays considerable Changes in the present system of drug drug on the market). The educational com- financial premium when a new drug formula- marketing will doubtless come slowly. Most ponent of the meeting was judged to be very tion is used. Invariably, the newer drugs likely, improvements will evolve only as in- good by the physician participants. This pro- being marketed are significantly more ex- dividual physicians become better educated motional package included airfare for the pensive than older, and sometimes equally about these ethical concerns and committed physician, lodging for the physician and effective, drugs whose patents have expired enough to demand alterations in the present spouse, meals, a cocktail party, and an (rendering them much less profitable to the marketing practices. The individual physi- evening of dining and dancing on a chartered pharmaceutical company). Again, the aver- cian’s role in this process should not be river boat. In the year following this event, age patient has no insight into this fact. He viewed as an optional one. Rather, the physi- two other pharmaceutical companies have or she certainly is not usually afforded the cian is ethically mandated to work for offered similar meeting packages to physi- opportunity to decide autonomously whether change in this realm of drug marketing. This cians in the community. the drawbacks and risks of a new drug for- responsibility derives from the physician’s Such promotional efforts are clearly ex- mulation render it less advantageous than clinical covenant with the patient and the pensive. For instance, it has been estimated other, longer-established drugs. And indeed, moral principles which underlie it.∑ that each visit by a detail man to a physi- even if the typical patient is given some f cian costs the pharmaceutical company 75 knowledge of drug options, he or she lacks dollars. Despite the expense, however, drug the expertise to participate seriously in the MESSAGES FROM THE PRESIDENT companies have found that the use of the de- decision of which drug to employ. In fact, it tail man is the most effective means of pro- is the physician alone who ordinarily must Messages from the President of the moting their products. These companies make the determination of which drug to United States were communicated to often prefer to characterize their detail man employ. If this decision is based on sound, the Senate by Ms. Evans, one of his as ‘‘service representatives’’ purveying infor- scientific data, the choice of a new and more secretaries. mation, rather than as salespersons. One costly drug may clearly be justified. How- EXECUTIVE MESSAGES REFERRED company not only requires the detail man to ever, to the extent that the physician does As in executive session the Presiding attend four tutorials a year, but also gives not rely on objective medical data (as pub- Officer laid before the Senate messages pharmacology tests to all its representatives lished in medical journals or discussed at quarterly. But such training does not negate medical meetings), but rather derives his in- from the President of the United the fact that, in practice, detail men func- formation from the drug companies’ own rep- States submitting sundry nominations tion as aggressive, effective salespeople. In- resentatives, a potential conflict of interest which were referred to the appropriate deed, most of them are at least partially re- exists. committees. imbursed on a commission basis. Their suc- Pharmaceutical companies might respond (The nominations received today are cess as pharmaceutical representatives is to this assertion by observing that in our printed at the end of the Senate pro- clearly dependent upon their ability to sell free enterprise system there is nothing ceedings.) drugs. Those drugs which representatives wrong with vigorously marketing one’s prod- f emphasize at any given time reflect cor- ucts. Indeed, in the open marketplace it is, porate decisions based on such factors as of course, common to offer a variety of in- MESSAGES FROM THE HOUSE competition, quotas and the patent status of ducements, including rebates, coupons, gifts the drugs. and other types of price reductions. However, Under authority of the order of the Given the stated nature of the physician- this situation is not analogous to the rela- Senate of January 6, 1999, the Sec- patient covenant, the type of relationship tionship between the detail man and the retary of the Senate on November 3, that frequently exists between the physician physician. In the ordinary marketing arena, 2000, during the recess of the Senate, and the detail man is ethically troublesome. companies attempt to influence the pur- received a message from the House of More specifically, that relationship appears chaser and user of various products. This is Representatives announcing that the to violate all three of the basic ethical prin- categorically not the case in the relationship House has passed the following joint ciples previously discussed. By virtue of the between the physician and the pharma- principles of autonomy and beneficence, the ceutical companies. The patient is the pas- resolution, in which it requests the patient has a right to expect that he or she sive, dependent recipient of the physician’s concurrence of the Senate: will be treated with dignity and respect. He practice decisions. By virtue of this fact, as H.J. Res. 124. Joint resolution making fur- or she expects to receive the best possible well as the implicit covenant which exists ther continuing appropriations for the fiscal treatment the physician can generate. The between the physician and the patient, the year 2001, and for other purposes. patient has a right to assume that the physi- physician has an obligation to strenuously ENROLLED BILL SIGNED cian’s therapeutic decisions are based solely avoid basing any prescription decisions on Under authority of the order of the on scientific medical knowledge, unbiased by factors other than the strict medical indica- Senate of January 6, 1999, the Sec- extraneous factors or inducements. Thus, the tions for those drugs. To the extent that the retary of the Senate on November 3, very nature of the physician-patient cov- physician is either unconsciously or mani- enant, and the principles that underlie it, festly induced to use the drugs of a given de- 2000, during the recess of the Senate, would seem specifically to preclude the phy- tail man or pharmaceutical company, in the received a message from the House of sician from basing a drug-prescribing deci- absence of strict medical indication, a sig- Representatives announcing that the sion on factors other than what is objec- nificant ethical problem exists. Speaker has signed the following en- tively best for the individual patient. To the The implications of this analysis are clear- rolled bill and joint resolution: extent that the physician decides to try out ly troublesome. It would appear that the cur- S. 2413. An act to amend the Omnibus a new drug or opt to prescribe regularly a rent standard of medical practice, in terms Crime Control and Safe Streets Act of 1968 to medication simply because he likes a detail of the relationship between the physician clarify the procedure and conditions for the man or because he is consciously or uncon- and the pharmaceutical detail man, may award of matching grants for the purchase of sciously affected by his or her various in- readily promote outcomes not in the pa- armor vests. ducements and salesmanship, the physician tient’s best interest. Since the physician-pa- H.J. Res. 123. Joint resolution making fur- would seem to be violating the patient’s tient covenant and the ethical principles ther continuing appropriations for the fiscal trust. One wonders what a patient’s reaction which underlie it warrant that the patient’s year 2001, and for other purposes. interests should be the prime focus of medi- would be if he or she were explicitly aware Under authority of the order of the that such interactions and inducements ex- cine, significant changes are warranted in isted. the methods which pharmaceutical compa- Senate of January 6, 1999, the enrolled In addition, the principle of nies employ to market their drugs. Cur- bill was signed by the President pro nonmaleficence can be violated by the physi- rently, pharmaceutical companies, medical tempore (Mr. THURMOND).

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.031 pfrm02 PsN: S14PT1 S11534 CONGRESSIONAL RECORD — SENATE November 14, 2000 Under authority of the order of the munications Commission regulations S. 785. An act for the relief of Frances Senate of January 6, 1999, the Sec- regarding use of citizens band radio Schochenmaier and Mary Hudson. retary of the Senate, on November 3, equipment. S. 869. An act for the relief of Mina Vahedi Notash. 2000, during the recess of the Senate, f S. 1078. An act for the relief of Mrs. Eliza- received a message from the House of ENROLLED BILLS PRESENTED beth Eka Bassey, Emmanuel O. Paul Bassey, Representatives announcing that the and Mary Idongesit Paul Bassey. House has agreed to the following con- The Secretary of the Senate reported S. 1513. An act for the relief of Jacqueline current resolution, without amend- that on November 3, 2000, he had pre- Salinas and her children Gabriela Salinas, ment: sented to the President of the United Alejandro Salinas, and Omar Salinas. S. Con. Res. 160. Concurrent resolution pro- States, the following enrolled bills: S. 1670. An act to revise the boundary of viding for a conditional adjournment or re- S. 484. An act to provide for the granting of Fort Matanzas National Monument, and for cess of the Senate and a conditional adjourn- refugee status in the United States to na- other purposes. ment of the House of Representatives. tionals of certain foreign countries in which S. 1880. An act to amend the Public Health Service Act to improve the health of minor- The message also announced that the American Vietnam War POW/MIAs or Amer- ican Korean War POW/MIAs may be present, ity individuals. House has agreed to the amendments of if those nationals assist in the return to the S. 1936. An act to authorize the Secretary the Senate to the joint resolution H.J. United States of those POW/MIAs alive. of Agriculture to sell or exchange all or part Res. 84) making further continuing ap- S. 698. An act to review the suitability and of certain administrative sites and other Na- propriations for the fiscal year 2000, feasibility of recovering costs of high alti- tional Forest System land in the State of Or- and for other purposes. tude rescues at Denali National Park and egon and use the proceeds derived from the The message further announced that Preserve in the State of Alaska, and for sale or exchange for National Forest System the House has agreed to the report of other purposes. purposes. S. 2000. An act for the relief of Guy Taylor. the committee of conference on the S. 700. An act to amend the National Trails System Act to designate the Ala Kahakai S. 2002. An act for the relief of Tony Lara. disagreeing votes of the two Houses on Trail as a National Historic Trail. the amendment of the House of Rep- The Secretary of the Senate reported S. 893. An act to amend title 46, United that on November 14, 2000, he had pre- resentatives to the bill (S. 2796) to pro- States Code, to provide equitable treatment sented to the President of the United vide for the conservation and develop- with respect to State and local income taxes ment of water and related resources, to for certain individuals who perform duties on States, the following enrolled bills: authorize the Secretary of the Army to vessels. S. 2019. An act for the relief of Malia Mil- construct various projects for improve- S. 938. An act to eliminate restrictions on ler. the acquisition of certain land contiguous to S. 2020. An act to adjust the boundary of ments to rivers and harbors of the Hawaii Volcanoes National Park, and for the Natchez Trace Parkway, Mississippi, and United States, and for other purposes. other purposes. for other purposes. S. 964. An act to provide for equitable com- S. 2289. An act for the relief of Jose Guada- At 12:30 p.m. today, a message from pensation for the Cheyenne River Sioux lupe Tellez Pinales. the House of Representatives, delivered Tribe, and for other purposes. S. 2440. An act to amend title 49, United by Ms. Niland, one of its reading The Secretary of the Senate reported States Code, to improve airport security. clerks, announced that the House has that on November 6, 2000, he had pre- S. 2485. An act to direct the Secretary of passed the following bills and joint res- sented to the President of the United the Interior to provide assistance in planning and constructing a regional heritage olution, in which it requests the con- States, the following enrolled bills: currence of the Senate: center in Calais, Maine. S. 1438. An act to establish the National S. 2547. An act to provide for the establish- H.R. 5111. An act to direct the Adminis- Law Enforcement Museum on Federal land ment of the Great Sand Dunes National Park trator of the Federal Aviation Administra- in the District of Columbia. and Preserve and the Baca National Wildlife tion to treat certain property boundaries as S. 1474. An act providing conveyance of the Refuge in the States of Colorado, and for the boundaries of the Lawrence County Air- Palmetto Bend project to the State of Texas. other purposes. port, Courtland Alabama, and for other pur- S. 1482. An act to amend the National Ma- S. 2712. An act to amend chapter 35 of title poses. rine Sanctuaries Act, and for other purposes. 31, United States Code, to authorize the con- H.R. 5477. An act to establish a morato- S. 1752. An act to reauthorize and amend solidation of certain financial and perform- rium on approval by the Secretary of the In- the Coastal Barrier Resources Act. ance management reports required of Fed- terior of relinquishment of a lease of certain S. 1865. An act to provide grants to estab- eral agencies, and for other purposes. tribal lands in California. lish demonstration mental health courts. S. 2773. An act to amend the Agricultural H.R. 5630. An act to authorize appropria- S. 2345. An act to direct the Secretary of Marketing Act of 1946 to enhance dairy mar- tions for fiscal year 2001 for intelligence and the Interior to conduct a special resource kets through dairy product mandatory re- intelligence-related activities of the United study concerning the preservation and public porting, and for other purposes. States Government, the Community Man- use of sites associated with Harriet Tubman S. 2789. An act to amend the Congressional agement Account, and the Central Intel- located in Auburn, New York, and for other Award Act to establish a Congressional Rec- ligence Agency Retirement and Disability purposes. ognition for Excellence in Arts Education System, and for other purposes. S. 2413. An act to amend the Omnibus Board. H.J. Res. 125. Joint resolution making fur- Crime Control and Safe Streets Act of 1968 to S. 3164. An act to protect seniors from ther continuing appropriations for the fiscal clarify the procedures and conditions for the fraud. year 2001, and for other purposes. award of matching grants for the purchase of S. 3194. An act to designate the facility of armor vests. The message also announced that the the United States Postal Service located at S. 2915. An act to make improvements in House has agreed to the following con- 431 North George Street in Millersville, the operation and administration of the Fed- Pennsylvania, as the ‘‘Robert S. Walker Post current resolution, in which it requests eral courts, and for other purposes. the concurrence of the Senate: Office.’’ The Secretary of the Senate reported S. 3239. An act to amend the Immigration H. Con. Res. 442. Concurrent resolution that on November 13, 2000, he had pre- and Nationality Act to provide special immi- providing for a conditional adjournment of grant status for certain United States inter- the House of Representatives and a condi- sented to the President of the United national broadcasting employees. tional recess or adjournment of the Senate. States, the following enrolled bills: f The message further announced that S. 11. An act for the relief of Wei Jingsheng. EXECUTIVE AND OTHER the House agrees to the amendment of S. 150. An act for the relief of Marina the Senate to the bill (H.R. 4986) to Khalina and her son, Albert Miftakhov. COMMUNICATIONS amend the Internal Revenue Code of S. 276. An act for the relief of Sergio The following communications were 1986 to repeal the provisions relating to Lozano. laid before the Senate, together with foreign sales corporations (FSCs) and S. 768. An act to amend title 18, United accompanying papers, reports, and doc- to exclude extraterritorial income States Code, to establish Federal jurisdiction over offenses committed outside the uments, which were referred as indi- from gross income. cated: The message also announced that the United States by persons employed by or accompanying the Armed Forces, or by mem- EC–11437. A communication from the Di- House agrees to the amendment of the bers of the Armed Forces who are released or rector of the Office of Regulations Manage- Senate to the bill (H.R. 2346) to author- separated from active duty prior to being ment, Veterans Health Administration, De- ize the enforcement by State and local identified and prosecuted for the commission partment of Veterans Affairs, transmitting, governments of certain Federal Com- of such offenses, and for other purposes. pursuant to law, the report of a rule entitled

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.018 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11535 ‘‘ ‘Reasonable Charges for Medical Care or ‘‘Airworthiness Directives: REVO inc. Mod- EC–11456. A communication from the Pro- Services’ and companion Notice document’’ els Lake LA4, LA4A, LA4P, LA 4 200, and gram Analyst, Federal Aviation Commission, (RIN2900–AK39) received on November 1, 2000; Lake Model 250 Airplanes docket No. 99–CE– Department of Transportation, transmitting, to the Committee on Veterans’ Affairs. 27 [5–26/11–2]’’ (RIN2120–AA64) (2000–0533) re- pursuant to law, the report of a rule entitled EC–11438. A communication from the Dep- ceived on November 2, 2000; to the Com- ‘‘Airworthiness Directives: Boeing Model uty Associate Administrator, Environmental mittee on Commerce, Science, and Transpor- 737–757–767 and 777 Series Airplanes; docket Protection Agency, transmitting, a notice tation. No. 98–NM–355 [8–8/11–2]’’ (RIN2120–AA64) relative to the water quality cooperative EC–11448. A communication from the Pro- (2000–0542) received on November 2, 2000; to agreement allocation; to the Committee on gram Analyst, Federal Aviation Commission, the Committee on Commerce, Science, and Environment and Public Works. Department of Transportation, transmitting, Transportation. EC–11439. A communication from the As- pursuant to law, the report of a rule entitled EC–11457. A communication from the Pro- sistant Secretary of State (Legislative Af- ‘‘Airworthiness Directives: Alexander gram Analyst, Federal Aviation Commission, fairs), transmitting, pursuant to law, the re- Schlelcher GmbH and CO Model ASW 27 Sail- Department of Transportation, transmitting, port which includes a classified annex and planes; docket No. 99–CE–70 [3–8/11–2]’’ pursuant to law, the report of a rule entitled covers defense articles and services that (RIN2120–AA64) (2000–0534) received on No- ‘‘Airworthiness Directives: GE Company were licensed for export; to the Committee vember 2, 2000; to the Committee on Com- CF34 Turbofan Engines; docket No. 99–NE–49 on Foreign Relations. merce, Science, and Transportation. [207/11–2]’’ (RIN2120–AA64) (2000–0530) received EC–11440. A communication from the Pro- EC–11449. A communication from the Pro- on November 2, 2000; to the Committee on gram Analyst, Federal Aviation Commission, gram Analyst, Federal Aviation Commission, Commerce, Science, and Transportation. Department of Transportation, transmitting, Department of Transportation, transmitting, EC–11458. A communication from the Sen- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled ior Attorney, National Highway Traffic Safe- ‘‘Amendment to Class E Airspace; Cameron, ‘‘Airworthiness Directives: The New Piper ty Administration, Department of Transpor- MO; docket No. 99–ACE–49 [3–30/11–2]’’ Aircraft, Inc., PA–42 Series Airplanes; docket tation, transmitting, pursuant to law, the re- (RIN2120–AA66) (2000–0267) received on No- No. 2000–CE–20 [7–10/11–2]’’ (RIN2120–AA64) port of a rule entitled ‘‘Civil Penalties’’ vember 2, 2000; to the Committee on Com- (2000–0535) received on November 2, 2000; to (RIN2127–AI18) received on November 9, 2000; merce, Science, and Transportation. the Committee on Commerce, Science, and to the Committee on Commerce, Science, EC–11441. A communication from the Pro- Transportation. and Transportation. gram Analyst, Federal Aviation Commission, EC–11450. A communication from the Pro- EC–11459. A communication from the Chief, Department of Transportation, transmitting, gram Analyst, Federal Aviation Commission, U.S. Coast Guard, Department of Transpor- pursuant to law, the report of a rule entitled Department of Transportation, transmitting, tation, transmitting, pursuant to law, the re- ‘‘Amendment to Jet Routes J78 and J112 pursuant to law, the report of a rule entitled port of a rule entitled ‘‘Regatta Regulations; Evansville, IN; docket No. 99–AGL–48 [3–3/11– ‘‘Airworthiness Directives: Mitsubishi Heavy SLR; Fountain Power Boats Offshore Race, 2]’’ (RIN2120–AA66) (2000–0268) received on Industries, Ltd MU–2B Series Airplanes; Pamlico River, Washington, North Carolina November 2, 2000; to the Committee on Com- docket No. 97–CE–21 [7–24/11–2]’’ (RIN2120– (CGD05–00–043)’’ (RIN2115–AE46) (2000–0017) merce, Science, and Transportation. AA64) (2000–0536) received on November 2, received on November 9, 2000; to the Com- EC–11442. A communication from the Pro- 2000; to the Committee on Commerce, mittee on Commerce, Science, and Transpor- gram Analyst, Federal Aviation Commission, Science, and Transportation. tation. Department of Transportation, transmitting, EC–11451. A communication from the Pro- EC–11460. A communication from the Regu- pursuant to law, the report of a rule entitled gram Analyst, Federal Aviation Commission, lations Officer, Federal Motor Carrier Safety ‘‘Airworthiness Directives: Boeing Model Department of Transportation, transmitting, Administration, Department of Transpor- 727–100 and 200 Series Airplanes Equipped pursuant to law, the report of a rule entitled tation, transmitting, pursuant to law, the re- with an Engine Nose Cowl for Eng Numbers ‘‘Airworthiness Directives: Boeing Model port of a rule entitled ‘‘Physical Qualifica- 1 and 3 Installed in Accordance with STC 737–100, –200 Series Airplanes; docket No. 99– tion of Drivers; Medical Examination; Cer- SA4363NM; docket No. 2000–NM–249 [8–1/11–2]’’ NM–320 [8–8/11–2]’’ (RIN2120–AA64) (2000–0537) tificate’’ (RIN2126–AA06) received on Novem- (RIN2120–AA64) (2000–0527) received on No- received on November 2, 2000; to the Com- ber 9, 2000; to the Committee on Commerce, vember 2, 2000; to the Committee on Com- mittee on Commerce, Science, and Transpor- Science, and Transportation. merce, Science, and Transportation. tation. EC–11461. A communication from the Regu- EC–11443. A communication from the Pro- EC–11452. A communication from the Pro- lations Officer, Federal Motor Carrier Safety gram Analyst, Federal Aviation Commission, gram Analyst, Federal Aviation Commission, Administration, Department of Transpor- Department of Transportation, transmitting, Department of Transportation, transmitting, tation, transmitting, pursuant to law, the re- pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled port of a rule entitled ‘‘Transportation of ‘‘Airworthiness Directives: Boeing Model 767 ‘‘Airworthiness Directives: McDonnell Doug- Household Goods in Interstate or Foreign Series Airplanes docket No. 98–NM–316 [8–1/ las Model DC 9–81, 9–82, 9–83, 9–87, and MD–88 Commerce; Rules of Practice for Motor Car- 11–2]’’ (RIN2120–AA64) (2000–0528) received on Airplanes and Model MD 90–30 Series Air- rier Safety and Hazardous Materials Pro- November 2, 2000; to the Committee on Com- planes; docket No. 99–NM–227 [8–8/11–2]’’ ceedings’’ (RIN2126–AA56) received on No- merce, Science, and Transportation. (RIN2120–AA64) (2000–0538) received on No- vember 9, 2000; to the Committee on Com- EC–11444. A communication from the Pro- vember 2, 2000; to the Committee on Com- merce, Science, and Transportation. gram Analyst, Federal Aviation Commission, merce, Science, and Transportation. EC–11462. A communication from the Regu- Department of Transportation, transmitting, EC–11453. A communication from the Pro- lations Officer, Federal Motor Carrier Safety pursuant to law, the report of a rule entitled gram Analyst, Federal Aviation Commission, Administration, Department of Transpor- ‘‘Airworthiness Directives: Cessna Model Department of Transportation, transmitting, tation, transmitting, pursuant to law, the re- 560XL Airplanes; docket No. 2000–NM–255 [8– pursuant to law, the report of a rule entitled port of a rule entitled ‘‘Guidelines for Devel- 8/11–2]’’ (RIN2120–AA64) (2000–0529) received ‘‘Airworthiness Directives: McDonnell Doug- opment of Functional Specifications for Per- on November 2, 2000; to the Committee on las Model MD 11 Airplanes; docket No. 2000– formance-Based Brake Testers Used to In- Commerce, Science, and Transportation. NM–219 [8–8/11–2]’’ (RIN2120–AA64) (2000–0539) spect Commercial Motor Vehicles’’ (RIN2126– EC–11445. A communication from the Pro- received on November 2, 2000; to the Com- ZZ01) received on November 9, 2000; to the gram Analyst, Federal Aviation Commission, mittee on Commerce, Science, and Transpor- Committee on Commerce, Science, and Department of Transportation, transmitting, tation. Transportation. pursuant to law, the report of a rule entitled EC–11454. A communication from the Pro- EC–11463. A communication from the Act- ‘‘Airworthiness Directives: GE Company gram Analyst, Federal Aviation Commission, ing Legal Advisor, Cable Services Bureau, GE90 Series Turbofan Engines; docket No. Department of Transportation, transmitting, Federal Communications Commission, trans- 98–ANE–51 [2–7/11–2]’’ (RIN2120–AA64) (2000– pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule 0531) received on November 2, 2000; to the ‘‘Airworthiness Directives: McDonnell Doug- entitled ‘‘Implementation of the Satellite Committee on Commerce, Science, and las Model MD 11 Airplanes; docket No. 2000– Home Viewer Improvement Act of 1999: Ap- Transportation. NM–218 [8–8/11–2]’’ (RIN2120–AA64) (2000–0540) plication of Network Non-Duplication, Syn- EC–11446. A communication from the Pro- received on November 2, 2000; to the Com- dicated Exclusivity, and Sports Blackout gram Analyst, Federal Aviation Commission, mittee on Commerce, Science, and Transpor- Rule To Satellite Retransmissions of Broad- Department of Transportation, transmitting, tation. cast Signals’’ (CS Docket No. 00–2, FCC 00– pursuant to law, the report of a rule entitled EC–11455. A communication from the Pro- 388) received on November 9, 2000; to the ‘‘Airworthiness Directives: Sikorsky Model gram Analyst, Federal Aviation Commission, Committee on Commerce, Science, and S–61 Helicopters; docket No. 2000–SW–18 [7–3/ Department of Transportation, transmitting, Transportation. 11–2]’’ (RIN2120–AA64) (2000–0532) received on pursuant to law, the report of a rule entitled EC–11464. A communication from the As- November 2, 2000; to the Committee on Com- ‘‘Airworthiness Directives: Bombardier sistant Bureau Chief, International bureau merce, Science, and Transportation. Model C1–600–2B19 Airplanes; docket No. 98– Satellite and Radiocommunications Divi- EC–11447. A communication from the Pro- NM–260 [7–24/11–2]’’ (RIN2120–AA64) (2000–0541) sion, Federal Communications Commission, gram Analyst, Federal Aviation Commission, received on November 2, 2000; to the Com- transmitting, pursuant to law, the report of Department of Transportation, transmitting, mittee on Commerce, Science, and Transpor- a rule entitled ‘‘Report and Order in the pursuant to law, the report of a rule entitled tation. Matter of Availability of INTELSAT Space

VerDate 14-NOV-2000 01:45 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.021 pfrm02 PsN: S14PT1 S11536 CONGRESSIONAL RECORD — SENATE November 14, 2000 Segment Capacity to Users and Service Pro- Protection Agency, transmitting, pursuant Prohibit Micing Zones for Bioaccumulative viders Seeking to Access INTELSAT Di- to law, the report of a rule entitled ‘‘Na- Chemicals of Concern’’ (FRL #6898–7) re- rectly’’ (IB Docket No. 00–91, FCC 00–340) re- tional Oil and Hazardous Substance Pollu- ceived on November 9, 2000; to the Com- ceived on November 9, 2000; to the Com- tion Contingency Plan; National Priorities mittee on Environment and Public Works. mittee on Commerce , Science, and Trans- List; Direct Final Process for Deletions’’ re- EC–11484. A communication from the Di- portation. ceived on November 9, 2000; to the Com- rector of the Office of Congressional Affairs, EC–11465. A communication from the Dep- mittee on Environment and Public Works. Office of Nuclear Reactor Regulation, Nu- uty Chief Counsel, Office of Pipeline Safety, EC–11476. A communication from the Dep- clear Regulatory Commission, transmitting, Department of Transportation, transmitting, uty Associate Administrator, Environmental pursuant to law, the report of a rule entitled pursuant to law, the report of a rule entitled Protection Agency, transmitting, pursuant ‘‘Guidance on Managing Quality Assurance ‘‘Pipeline Safety: Pipeline Integrity Manage- to law, the report of a rule entitled ‘‘Ap- Records in Electronic Media’’ (NRC Regu- ment in High Consequence Areas (Hazardous proval and Promulgation of Air Quality Im- latory Issue Summary 2000–18) received on Liquid Operators with 500 or more miles of plementation Plans; Massachusetts; Rate-of- November 9, 2000; to the Committee on Envi- Pipeline)’’ (RIN2137–AD45) received on No- Progress Emission Reduction Plans’’ (FRL ronment and Public Works. vember 9, 2000; to the Committee on Com- #6882–7) received on November 9, 2000; to the EC–11485. A communication from the Dep- merce, Science, and Transportation. Committee on Environment and Public uty Associate Administrator, Environmental EC–11466. A communication from the Exec- Works. Protection Agency, transmitting, pursuant utive Director of the Marine Mammal Com- EC–11477. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- mission, transmitting, pursuant to a law, a uty Associate Administrator, Environmental proval and Promulgation of Air Quality Im- report relative to commercial activities in- Protection Agency, transmitting, pursuant plementation Plans; New Hampshire; New ventory; to the Committee on Governmental to law, the report of a rule entitled ‘‘Ap- Hampshire—Nitrogen Oxides Budget and Al- Affairs. proval and Promulgation of Air Quality Im- lowance Trading Program’’ (FRL #6871–2) re- EC–11467. A communication from the Dis- plementation Plans; Massachusetts; En- ceived on November 9, 2000; to the Com- trict of Columbia Auditor, transmitting, pur- hanced Motor Vehicle Inspection and Main- mittee on Environment and Public Works. suant to law, a copy of a letter report enti- tenance Program’’ (FRL #6882–5) received on EC–11486. A communication from the Dep- tled ‘‘Review of the Financial Transactions November 2, 2000; to the Committee on Envi- uty Associate Administrator, Environmental and Activities of Advisory Neighborhood ronment and Public Works. Protection Agency, transmitting, pursuant Commission 8D for the Period October 1, 1997 EC–11478. A communication from the Dep- to law, the report of a rule entitled ‘‘Ap- through August 31, 2000’’; to the Committee uty Associate Administrator, Environmental proval and Promulgation of State Implemen- on Governmental Affairs. Protection Agency, transmitting, pursuant tation Plans; Michigan’’ (FRL #6896–3) re- EC–11468. A communication from the Dis- to law, the report of a rule entitled ‘‘Massa- ceived on November 9, 2000; to the Com- trict of Columbia Auditor, transmitting, pur- chusetts: Interim Authorization of State mittee on Environment and Public Works. suant to law, a copy of a letter report enti- Hazardous Waste Management Program Re- EC–11487. A communication from the Dep- tled ‘‘District’s Unclaimed Property Pro- vision’’ (FRL #6900–5) received on November uty Associate Administrator, Environmental gram Needs Substantial Improvement’’; to 9, 2000; to the Committee on Environment Protection Agency, transmitting, pursuant the Committee on Governmental Affairs. EC–11469. A communication from the Bene- and Public Works. to law, the report of a rule entitled ‘‘Federal EC–11479. A communication from the Dep- fits Manager, Rural America’s Cooperative Guidance on the Use of In-Lieu-Fee Arrange- uty Associate Administrator, Environmental Bank, transmitting, pursuant to law, a re- ments for Compensatory Mitigation Under Protection Agency, transmitting, pursuant port relative to the ACB Retirement Plan; to Section 404 of the Clean Water Act and Sec- to law, the report of a rule entitled ‘‘Com- the Committee on Governmental Affairs. tion 10 of the Rivers and Harbors Act’’ re- EC–11470. A communication from the Dep- prehensive Environmental Response, Com- ceived on November 9, 2000; to the Com- uty Associate Administrator, Environmental pensation and Liability Act (CERCLA) or mittee on Environment and Public Works. Protection Agency, transmitting, pursuant Superfund, Section 104 ‘‘Announcement of EC–11488. A communication from the Dep- to law, the report of a rule entitled ‘‘Identi- Proposal Deadline for the Competition for uty Associate Administrator, Environmental fication of Approved and Disapproved Ele- the 2001 National Brownfields Assessment Protection Agency, transmitting, pursuant ments of the Great Lakes Guidance Submis- Demonstration Pilots’’ (FRL #6901–5) re- to law, the report of a rule entitled ‘‘OMB sion From the State of Wisconsin, and Final ceived on November 9, 2000; to the Com- Approvals Under the Paperwork Reduction Rule’’ (FRL #6896–9) received on November 2, mittee on Environment and Public Works. Act; Technical Amendment’’ (FRL #6899–72) 2000; to the Committee on Environment and EC–11480. A communication from the Dep- received on November 9, 2000; to the Com- Public Works. uty Associate Administrator, Environmental mittee on Environment and Public Works. EC–11471. A communication from the Dep- Protection Agency, transmitting, pursuant EC–11489. A communication from the Chief, uty Associate Administrator, Environmental to law, the report of a rule entitled ‘‘Com- Regulations Unit, Internal Revenue Service, Protection Agency, transmitting, pursuant prehensive Environmental Response, Com- Department of Treasury, transmitting, pur- to law, the report of a rule entitled ‘‘Ap- pensation and Liability Act (CERCLA) or suant to law, the report of a rule entitled proval and Promulgation of Implementation Superfund, Section 104 ‘‘Announcement of ‘‘Allocation of Partnership Debt’’ (RIN1545– Plans; Wisconsin Designation of Areas for Proposal Deadline for the Competition for AX09) (TD 8906) received on November 2, 2000; Air Quallity Planning Purposes; Wisconsin’’ Fiscal Year 2001 Supplemental Assistance to to the Committee on Finance. (FRL #6901–3) received on November 9, 2000; the National Brownfields Assessment Dem- EC–11490. A communication from the Chief, to the Committee on Environment and Pub- onstration Pilots’’ (FRL #6901–6) received on Regulations Branch, U.S. Customs Service, lic Works. November 9, 2000; to the Committee on Envi- Department of the Treasury, transmitting, EC–11472. A communication from the Dep- ronment and Public Works. pursuant to law, the report of a rule entitled uty Associate Administrator, Environmental EC–11481. A communication from the Dep- ‘‘Technical Amendments to the Customs Protection Agency, transmitting, pursuant uty Associate Administrator, Environmental Regulations’’ (T.D. 00–81) received on Novem- to law, the report of a rule entitled ‘‘Ap- Protection Agency, transmitting, pursuant ber 9, 2000; to the Committee on Finance. proval and Promulgation of Air Quality Im- to law, the report of a rule entitled ‘‘Ap- EC–11491. A communication from the Chief, plementation Plans; Massachusetts; En- proval and Promulgation of State Plans for Regulations Branch, U.S. Customs Service, hanced Motor Vehicle Inspection and Main- Designated Facilities and Pollutants; Con- Department of the Treasury, transmitting, tenance Program’’ (FRL #6897–4) received on trol of Landfill Emissions From Municipa; pursuant to law, the report of a rule entitled November 9, 2000; to the Committee on Envi- Solid Waste Landfills; State of Missouri’’ ‘‘African Growth and Opportunity Act and ronment and Public Works. (FRL #6900–8) received on November 9, 2000; Generalized System of Preferences’’ EC–11473. A communication from the Dep- to the Committee on Environment and Pub- (RIN1515–AC72) received on November 9, 2000; uty Associate Administrator, Environmental lic Works. to the Committee on Finance. Protection Agency, transmitting, pursuant EC–11482. A communication from the Dep- EC–11492. A communication from the Act- to law, the report of a rule entitled ‘‘Ap- uty Associate Administrator, Environmental ing Assistant General Counsel for Regula- proval and Promulgation of State Plans for Protection Agency, transmitting, pursuant tions, Office for Civil Rights, Department of Designated Facilities and Pollutants: Flor- to law, the report of a rule entitled Education, transmitting, pursuant to law, ida’’ (FRL #6902–4) received on November 9, ‘‘NESHAPS: Final Standards for Hazardous the report of a rule entitled ‘‘Conforming 2000; to the Committee on Environment and Air Pollutants for Hazardous Waste Combus- Amendments to the Regulations Governing Public Works. tors; Final Rule—Interpretive Clarification; Nondiscrimination on the Basis of Race, EC–11474. A communication from the Dep- Technical Correction’’ (FRL #6898–8) re- Color, National Origin, Disability, Sex, and uty Associate Administrator, Environmental ceived on November 9, 2000; to the Com- Age Under the Civil Rights Restoration Act Protection Agency, transmitting, pursuant mittee on Environment and Public Works. of 1987’’ (RIN1870–AA10) received on Novem- to law, the report of a rule entitled ‘‘Asbes- EC–11483. A communication from the Dep- ber 2, 2000; to the Committee on Health, Edu- tos Worker Protection’’ (FRL #6751–3) re- uty Associate Administrator, Environmental cation, Labor, and Pensions. ceived on November 9, 2000; to the Com- Protection Agency, transmitting, pursuant EC–11493. A communication from the Act- mittee on Environment and Public Works. to law, the report of a rule entitled ‘‘Final ing Assistant General Counsel for Regula- EC–11475. A communication from the Dep- Rule to Amend the Final Water Quality tions, Office for Civil Rights, Department of uty Associate Administrator, Environmental Guidance for the Great Lakes System to Education, transmitting, pursuant to law,

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.023 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11537 the report of a rule entitled ‘‘Institutional ‘‘Pyriproxyfen; Extension of Tolerance for By Mr. LOTT (for himself and Mr. Eligibility; Student Assistance General Pro- Emergency Exemptions’’ (FRL #6753–3) re- DASCHLE): visions; Federal Work-Study Programs; and ceived on November 9, 2000; to the Com- S. Res. 384. A resolution relative to Rule the Federal Pell Grant Program’’ (RIN1845– mittee on Agriculture, Nutrition, and For- XXXIII; considered and agreed to. AA19) received on November 9, 2000; to the estry. f Committee on Health, Education, Labor, and EC–11503. A communication from the Di- Pensions. rector of Defense Procurement, Department STATEMENTS ON INTRODUCED EC–11494. A communication from the Di- of Defense, transmitting, pursuant to law, BILLS AND JOINT RESOLUTIONS rector of the Regulations Policy and Man- the report of a rule entitled ‘‘Material In- Mr. TORRICELLI: agement Staff, Department of Health and spection and Receiving Report’’ (DFARS S. 3271. A bill to require increased Human Services, transmitting, pursuant to Case 2000–D008) received on October 26, 2000; waste prevention and recycling meas- law, the report of a rule entitled to the Committee on Armed Services. ‘‘Postmarking Studies for Approved Human EC–11504. A communication from the Al- ures to be incorporated in the daily op- Drug and Licensed Biological Products; Sta- ternate Office of the Secretary of Defense erations of Federal agencies, and other tus Reports’’ (Docket No. 99N–1852) received Federal Register Liaison Officer, Depart- purposes; to the Committee on Govern- on November 9, 2000; to the Committee on ment of Defense, transmitting, pursuant to mental Affairs. Health, Education, Labor, and Pensions. law, the report of a rule entitled ‘‘TRICARE GREENING THE GOVERNMENT ACT OF 2000 EC–11495. A communication from the Di- Dental Program—Final Rule’’ (RIN0720– Mr. TORRICELLI. Mr. President, I rector of the Regulations Policy and Man- AA58) received on October 26, 2000; to the rise today to offer the ‘‘Greening the agement Staff, Department of Health and Committee on Armed Services. Government Act of 2000.’’ This bill Human Services, transmitting, pursuant to EC–11505. A communication from the Act- law, the report of a rule entitled ‘‘Gastro- ing Director of the Office of Surface Mining, would allow the Federal Government enterology and Urology Devices; Effective Department of the Interior, transmitting, to use its purchasing power to conserve Date of the Requirement for Premarket Ap- pursuant to law, the report of a rule entitled natural resources, create markets for proval of the Implanted Mechanical/Hydrau- ‘‘Maryland Regulatory Program’’ (MD–047– the materials that the American people lic Urinary Continence Device; Correction’’ FOR) received on November 9, 2000; to the recycle in their home and office recy- (Docket No. 94N–0380) received on November Committee on Energy and Natural Re- cling programs, and reduce the toxicity 9, 2000; to the Committee on Health, Edu- sources. of products commonly used by estab- cation, Labor, and Pensions. EC–11506. A communication from the Asso- EC–11496. A communication from the Con- lishing an infrastructure for coordi- ciate General Counsel for Legislation and nating and expanding Federal recy- gressional Review Coordinator, Animal and Regulations, Office of the Secretary, Depart- Plant Health Inspection Service, Department ment of Housing and Urban Development, cling and ‘‘green’’ purchasing activi- of Agriculture, transmitting, pursuant to transmitting, pursuant to law, the report of ties. law, the report of a rule entitled ‘‘Imported a rule entitled ‘‘Notice of Revised Contract The Federal Government spends $275 Fire Ant; Addition to Quarantined Areas’’ Rent Annual Adjustment Factors’’ (FR–4626– billion each year buying goods and (Docket #00–07601) received on November 2, N–01) received on November 9, 2000; to the services. With this immense purchasing 2000; to the Committee on Agriculture, Nu- Committee on Banking, Housing, and Urban power, and through its research, devel- trition, and Forestry. Affairs. opment and assistance programs, it can EC–11497. A communication from the Asso- EC–11507. A communication from the Di- influence markets to create more envi- ciate Administrator, Livestock and Seed rector of Congressional Affairs, Overseas Pri- Program, Department of Agriculture, trans- ronmentally friendly products. Indeed, vate Investment Corporation, transmitting, I believe that the Federal Government mitting, pursuant to law, the report of a rule a draft of proposed legislation entitled entitled ‘‘Pork Promotion, Research, and ‘‘Freedom of Information’’; to the Com- should be a leader in demonstrating Consumer Information Program: Amend- mittee on the Judiciary. how organizations can meet their mis- ment to Procedures for the Conduct of Ref- EC–11508. A communication from the Na- sion in a cost-effective and environ- # erendum’’ (Docket LS–00–10) received on No- tional Treasurer of the Navy Wives Clubs of mentally protective way. vember 2, 2000; to the Committee on Agri- America, transmitting, pursuant to law, a Tomorrow, we will celebrate America culture, Nutrition, and Forestry. report of an audit for the period of Sep- EC–11498. A communication from the Asso- Recycles Day. Millions of Americans tember 1, 1998 through August 31, 1999; to the ciate Administrator, Livestock and Seed will re-dedicate themselves to recy- Committee on the Judiciary. Program, Department of Agriculture, trans- cling and, more importantly, closing mitting, pursuant to law, the report of a rule f the recycling loop by buying recycled entitled ‘‘Changes in Fees for Science and INTRODUCTION OF BILLS AND content products. Hundreds of Amer- Technology (SandT) Laboratory Service’’ ican companies are also recognizing JOINT RESOLUTIONS (Docket #SandT–99–008) received on Novem- the importance and cost-effectiveness ber 2, 2000; to the Committee on Agriculture, The following bills and joint resolu- of ‘‘greening’’ their operations. For in- Nutrition, and Forestry. tions were introduced, read the first stance, in my State of New Jersey, EC–11499. A communication from the Asso- and second times by unanimous con- ciate Administrator, Livestock and Seed Telecordia Technologies has saved Program, Department of Agriculture, trans- sent, and referred as indicated: more than $3 million by recycling 72 mitting, pursuant to law, the report of a rule By Mr. SPECTER (for himself and Mr. percent of its waste. Telecordia saves entitled ‘‘Fresh Bartlett Pears Grown in Or- HARKIN): $4,000 per week by simply replacing dis- egon and Washington; Decreased Assessment S. 3269. A bill to establish a Commission posable cafeteria trays with recycled Rate’’ (Docket #FV00–931–1 FIR) received on for the comprehensive study of voting proce- content plastic trays. I believe that the dures in Federal, State, and local elections, November 2, 2000; to the Committee on Agri- Federal Government can also achieve culture, Nutrition, and Forestry. and for other purposes; to the Committee on EC–11500. A communication from the Dep- Rules and Administration. similar savings by ‘‘greening’’ its oper- uty Associate Administrator, Environmental By Mr. HATCH (for himself and Mr. ations and encouraging environmental Protection Agency, transmitting, pursuant CAMPBELL): innovation. Indeed, the Federal Gov- to law, the report of a rule entitled S. 3270. A bill to amend title XVIII of the ernment’s purchasing decisions can ‘‘Sulfentrazone; Pesticide Tolerance for Social Security Act to provide for a modi- tremendously affect the environment Emergency Exemptions’’ (FRL #6751–7) re- fication of medicare billing requirements for we leave to future generations. ceived on November 9, 2000; to the Com- certain Indian providers; to the Committee Building on the progress made during mittee on Agriculture, Nutrition, and For- on Finance. the past seven years under President estry. By Mr. TORRICELLI: EC–11501. A communication from the Dep- S. 3271. A bill to require increased waste Clinton’s Executive Order 13101, uty Associate Administrator, Environmental prevention and recycling measures to be in- ‘‘Greening the Government through Protection Agency, transmitting, pursuant corporated in the daily operations of Federal Waste Prevention, Recycling, and Fed- to law, the report of a rule entitled ‘‘Copper agencies, and for other purposes; to the Com- eral Acquisition,’’ the Greening the Sulfate Pentahydrate; Exemption from the mittee on Governmental Affairs. Government Act of 2000 will establish a Requirement of a Tolerance’’ (FRL #6747–3) f permanent infrastructure for coordi- received on November 9, 2000; to the Com- nating, promoting, and expanding Fed- mittee on Agriculture, Nutrition, and For- SUBMISSION OF CONCURRENT AND eral recycling and ‘‘green’’ procure- estry. SENATE RESOLUTIONS EC–11502. A communication from the Dep- ment activities. Under this legislation, uty Associate Administrator, Environmental The following concurrent resolutions the Environmental Protection Agency Protection Agency, transmitting, pursuant and Senate resolutions were read, and (EPA) will designate both recycled con- to law, the report of a rule entitled referred (or acted upon), as indicated: tent products and environmentally

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.025 pfrm02 PsN: S14PT1 S11538 CONGRESSIONAL RECORD — SENATE November 14, 2000 preferable products and services for (Mr. ABRAHAM) was added as a cospon- In section 9(a), strike ‘‘the Select Com- Federal agencies to purchase. The U.S. sor of S. 3259, a bill to amend the Inter- mittee on Intelligence of the Senate and the Department of Agriculture (USDA) will nal Revenue Code of 1986 to provide a Permanent Select Committee on Intelligence of the House of Representatives’’ and insert also create a list of biobased products rehabilitation credit for certain ex- ‘‘the Committee on the Judiciary and the Se- for agencies to consider purchasing. penditures to rehabilitate historic per- lect Committee on Intelligence of the Senate Federal agencies will then incorporate forming arts facilities. and the Committee on the Judiciary and the procurement of these USDA and EPA- S.J. RES. 56 Permanent Select Committee on Intelligence of the House of Representatives’’. designated products and services into At the request of Mr. JOHNSON, his their acquisition processes. Finally, In section 10(a), strike ‘‘Congress’’ and in- name was added as a cosponsor of S.J. sert ‘‘the Committee on the Judiciary and Federal research and development Res. 56, a joint resolution proposing an the Select Committee on Intelligence of the monies, technology transfer programs, amendment to the Constitution of the Senate and the Committee on the Judiciary and assistance programs will be ex- United States to abolish the electoral and the Permanent Select Committee on In- panded to facilitate the development of college and to provide for the direct telligence of the House of Representatives’’. greener technologies. popular election of the President and In section 12(a)(2)(A), insert after ‘‘the Sec- retary of Defense,’’ the following: ‘‘the Sec- In 1994, approximately 12 percent of Vice President of the United States. the copier paper purchased by the Fed- retary of Health and Human Services,’’. f In 12(a), add after paragraph (3) the fol- eral Government was recycled content lowing: paper, and that contained only ten per- SENATE RESOLUTION 384— (4) The Attorney General shall consult cent postconsumer (recycled content) RELATIVE TO RULE XXXIII with the Secretary of Health and Human Services in preparing any recommendations fiber. President Clinton increased the Mr. LOTT (for himself and Mr. Federal postconsumer content stand- under paragraph (2)(B), and shall include in DASCHLE) submitted the following reso- ard to 30 percent. Today, 98 percent of the report under paragraph (1) a detailed de- lution; which was considered and scription of the methodology and criteria the copier paper purchased from the agreed to: used to define and determine the types and Government Printing Office and Gen- classes of pathogens covered by such rec- S. RES. 384 eral Services Administration contains ommendations. 30 percent postconsumer fiber. The Resolved, That, notwithstanding the provi- In section 12(b), add at the end the fol- sions of Rule XXXIII, the Senate authorize lowing: ‘‘The report shall include a detailed Greening the Government Act of 2000 the videotaping of the address by the Sen- raises the Federal content standard to description of the methodology and criteria ator from West Virginia (Mr. Byrd) to the in- used to define and determine the types and 40 percent postconsumer fiber and, for coming Senators scheduled to be given in the classes of pathogens covered by the report.’’. the first time, requires agencies both Senate Chamber in December 2000. f to consider purchasing office papers f bleached without chlorine and to pur- COUNTERTERRORISM ACT OF 2000 chase wood products made with AMENDMENTS SUBMITTED Mr. WARNER. Mr. President, I ask sustainably grown wood. unanimous consent that the Judiciary We all know that it is not easy to Committee be discharged from further buy ‘‘green’’ products. It is my inten- COUNTERTERRORISM ACT OF 2000 consideration of S. 3205 and, further, tion that the ‘‘Greening of the Govern- the Senate proceed to its consider- ment Act’’ will encourage manufactur- ation. ers to identify their products as KYL (AND OTHERS) AMENDMENT The PRESIDING OFFICER. Without ‘‘green,’’ making it easier for all Amer- NO. 4358 objection, it is so ordered. The clerk icans to buy these products. It is time Mr. KYL (for himself and Mrs. FEIN- will report the bill by title. that the Federal Government truly live STEIN) proposed an amendment to the The assistant legislative clerk read up to the resource conservation goals bill (S. 3205) to enhance the capability as follows: first established by Congress in 1976 of the United States to deter, prevent, A bill (S. 3205) to enhance the capability of within the Resource Conservation and thwart, and respond to international the United States to deter, prevent, thwart, Recovery Act and become a true role acts of terrorism against United States and respond to international acts of ter- model in our nation’s conservation ef- rorism against United States nationals and nationals and interests; as follows: interests. forts. In section 2(a), strike paragraph (3) and in- There being no objection, the Senate f sert the following: proceeded to consider the bill. (3) Seventeen United States sailors were ADDITIONAL COSPONSORS killed in the attack, and thirty-nine were in- AMENDMENT NO. 4358 Mr. WARNER. Senators KYL and S. 876 jured. In section 2(b)(1), strike ‘‘take immediate FEINSTEIN have an amendment at the At the request of Mr. DORGAN, his actions’’ and insert ‘‘continue to take strong desk, and I ask for its consideration. name was added as a cosponsor of S. and effective actions’’. The PRESIDING OFFICER. The 876, a bill to amend the Communica- In section 3, strike paragraph (8) and redes- clerk will report. tions Act of 1934 of require that the ignate paragraphs (9), (10), (11), (12), and (13) The legislative clerk read as follows: broadcast of violent video program- as paragraphs (8), (9), (10), (11) and (12), re- The Senator from Virginia [Mr. WARNER], ming be limited to hours when children spectively. for Mr. KYL, for himself and Mrs. FEINSTEIN, are not reasonably likely to comprise a In section 3(10), as so redesignated, strike proposes an amendment numbered 4358. substantial portion of the audience. ‘‘There are 28 organizations’’ and all that follows through the end and insert the fol- The amendment is as follows: In section 2(a), strike paragraph (3) and in- S. 3254 lowing: ‘‘There are currently 29 FTOs. The sert the following: At the request of Mr. KENNEDY, the National Commission on Terrorism rec- (3) Seventeen United States sailors were ommended that the Secretary of State en- names of the Senator from Rhode Is- killed in the attack, and thirty-nine were insure that the list of FTO designations is land (Mr. L. CHAFEE), the Senator from jured. Vermont (Mr. LEAHY), the Senator credible and updated regularly.’’. In section 2(b)(1), strike ‘‘take immediate from Iowa (Mr. HARKIN), the Senator In section 3(12), as so redesignated, strike actions’’ and insert ‘‘continue to take strong ‘‘Such controls were designed to prevent ac- from Wisconsin (Mr. FEINGOLD), the and effective actions’’. cidents, not theft.’’. Senator from Rhode Island (Mr. REED), In section 3, strike paragraph (8) and redes- In section 7(c)(1), strike subparagraphs (A) ignate paragraphs (9), (10), (11), (12), and (13) and the Senator from Vermont (Mr. and (B) and insert the following: as paragraphs (8), (9), (10), (11) and (12), re- JEFFORDS) were added as cosponsors of (A) The Committees on Appropriations, spectively. S. 3254, a bill to provide assistance to Armed Services, and the Judiciary and the In section 3(10), as so redesignated, strike East Timor to facilitate the transition Select Committee on Intelligence of the Sen- ‘‘There are 28 organizations’’ and all that fol- of East Timor to an independent na- ate. lows through the end and insert the fol- tion, and for other purposes. (B) The Committees on Appropriations, lowing: ‘‘There are currently 29 FTOs. The Armed Services, International Relations, National Commission on Terrorism rec- S. 3259 and the Judiciary and the Permanent Select ommended that the Secretary of State en- At the request of Mr. MOYNIHAN, the Committee on Intelligence of the House of sure that the list of FTO designations is name of the Senator from Michigan Representatives. credible and updated regularly.’’.

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.020 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11539 In section 3(12), as so redesignated, strike in the past few months, we have The Counterintelligence Reform Act ‘‘Such controls were designed to prevent ac- worked together to confirm three more is intended to improve the coordina- cidents, not theft.’’. judges for Arizona. tion within and among federal agencies In section 7(c)(1), strike subparagraphs (A) In past Congresses, I have also investigating and prosecuting espio- and (B) and insert the following: worked closely with Senator KYL. For (A) The Committees on Appropriations, nage cases and other cases affecting Armed Services, and the Judiciary and the example, in the 104th Congress, Sen- national security. Specifically, this Select Committee on Intelligence of the Sen- ators KYL, GRASSLEY and I worked to- legislation amends the Foreign Intel- ate. gether to enact the National Informa- ligence Surveillance Act to state ex- (B) The Committees on Appropriations, tion Infrastructure Protection Act. plicitly that past activities of a target Armed Services, International Relations, This law increased protection under may be considered in determining and the Judiciary and the Permanent Select federal criminal law for both govern- whether there is probable cause to be- Committee on Intelligence of the House of ment and private computers, and ad- lieve that the target of electronic sur- Representatives. dressed the emerging problem of com- veillance is an ‘‘agent of a foreign In section 9(a), strike ‘‘the Select Com- puter-age blackmail in which a crimi- mittee on Intelligence of the Senate and the power.’’ This particular provision ap- Permanent Select Committee on Intelligence nal threatens to harm or shut down a pears to address a criticism subse- of the House of Representatives’’ and insert computer system unless certain extor- quently raised in the Bremer- ‘‘the Committee on the Judiciary and the Se- tion demands are met. Sonnenberg Commission report that lect Committee on Intelligence of the Senate The NII Protection Act that I worked the Office of Intelligence Policy and and the Committee on the Judiciary and the on with Senator KYL was intended to Review, which is the Justice Depart- Permanent Select Committee on Intelligence help law enforcement better address ment unit responsible for preparing of the House of Representatives’’. the problem of computer crime, in and presenting FISA applications to In section 10(a), strike ‘‘Congress’’ and in- which cyber attacks are an important sert ‘‘the Committee on the Judiciary and the FISA court, ‘‘does not generally component. The Bremer-Sonnenberg consider the past activities of the sur- the Select Committee on Intelligence of the Commission noted that, ‘‘[r]easonable Senate and the Committee on the Judiciary veillance target relevant in deter- and the Permanent Select Committee on In- experts have published sobering sce- mining whether the FISA probable telligence of the House of Representatives’’. narios about the potential impact of a cause test is met.’’ In section 12(a)(2)(A), insert after ‘‘the Sec- successful cyber attack on the United The Bremer-Sonnenberg Commission retary of Defense,’’ the following: ‘‘the Sec- States. Already, hackers and criminals report recommended that ‘‘the Attor- retary of Health and Human Services,’’. have exploited some of our ney General should substantially ex- In 12(a), add after paragraph (3) the fol- vulnerabilities.’’ In short, the Commis- pand’’ OIPR in order ‘‘[t]o ensure time- lowing: sion found that, ‘‘cyber security is a (4) The Attorney General shall consult ly review of the Foreign Intelligence matter of grave importance.’’ Surveillance Act applications.’’ I con- with the Secretary of Health and Human As technology advances, the Con- Services in preparing any recommendations cur with this recommendation. In fact, under paragraph (2)(B), and shall include in gress must remain vigilant to ensure even before the Commission report was that our laws remain up to date and the report under paragraph (1) a detailed de- released and during Judiciary Com- our local, State and federal law en- scription of the methodology and criteria mittee consideration of S. 2089, I of- forcement resources are up to the job used to define and determine the types and fered an amendment to S. 2089, which classes of pathogens covered by such rec- posed by new technological challenges. was approved by the Judiciary Com- ommendations. That is why I have continued to work mittee, that would authorize an in- In section 12(b), add at the end the fol- over this Congress with the Chairman crease in the budget for OIPR from its lowing: ‘‘The report shall include a detailed of the Judiciary Committee and Sen- description of the methodology and criteria current funding level of $4,084,000 to ator SCHUMER on S. 2448, which the used to define and determine the types and $7,000,000 for FY 2001, with increases up Senate Judiciary Committee unani- classes of pathogens covered by the report.’’. to $8,000,000 over the following two mously reported favorably on October Mr. LEAHY. Mr. President, Senators 5th for consideration by the Senate as years, for expanded personnel and tech- KYL and FEINSTEIN introduced S. 3205, the Internet Security Act amendment nology resources. The Select Com- the Counterterrorism Act of 2000, on on another bill. This legislation would mittee on Intelligence also approved October 12, 2000. They base their bill on make changes to the federal Computer this budget increase for OIPR upon recommendations made in a report Fraud and Abuse statute and provide consideration of S. 2089, which subse- called ‘‘Countering the Changing significant new resources to federal law quently was passed by the Congress as Threat of International Terrorism,’’ enforcement for forensic computer part of the Intelligence Authorization issued on June 5, 2000 by the National crime work. Act, S. 2507. Commission on Terrorism chaired by I have also been pleased to work with Recently, the Congress passed as part former Ambassador L. Paul Bremer III Senator DEWINE on S. 1314, the Com- of the conference report on the Traf- and Maurice Sonnenberg. The sponsors puter Crime Enforcement Act, to help ficking Victims Protection Act, H.R. seek to have the Senate consider and provide the necessary funding for 3244, the Justice for Victims of Ter- pass the bill unanimously without training and equipment for state and rorism Act with an amendment that hearings on its legislative language, local law enforcement to deal with Senator FEINSTEIN and I authored deal- without Committee consideration, computer crimes. The Senate Judiciary ing with support for victims of inter- without Senate debate and without Committee unanimously reported this national terrorism. Senator KYL did amendment. In my efforts to be sup- bill favorably to the Senate on Sep- not cosponsor this amendment. This portive of them I have shared with tember 21, 2000. Although he is not a amendment is intended to enable the them concerns I have had about earlier cosponsor of these bills, I appreciate Office for Victims of Crime to provide versions of this legislation. In light of Senator KYL’s support for both S. 2448 more immediate and effective assist- the improvements and corrections that and S. 1314 as those bills moved ance to Americans who are victims of the sponsors have now made, I am through Committee. These complemen- terrorism abroad—Americans like pleased to remove my objection to pas- tary pieces of legislation reflect twin- those killed or injured in the embassy sage of the bill. I commend the spon- track progress against computer crime: bombings in Kenya and Tanzania, and sors for heeding constructive com- More tools at the federal level and in the Pan Am 103 bombing over ments to improve the bill. more resources for local computer Lockerbie, Scotland. These victims de- At the outset, I note that I have crime enforcement. serve help, and the Leahy-Feinstein worked to help Senator KYL clear a In addition, the Senate Judiciary amendment will permit the Office for number of matters of importance to Committee has considered and reported Victims of Crime to serve these vic- him in this Congress. Most recently, unanimously on May 18, 2000, S. 2089, tims better by expanding the types of the Senate passed on November 19, the Counterintelligence Reform Act, assistance for which the VOCA emer- 1999, S. 692, the Internet Gambling Pro- which I was pleased to cosponsor with gency reserve fund may be used, and hibition Act, and on September 28, 2000, Senators SPECTER, TORRICELLI, and the range of organizations to which as- repassed S. 704, the Federal Prisoner others. Senator KYL did not cosponsor sistance may be provided. The amend- Health Care Copayment Act. Moreover, this bill. ment allows OVC greater flexibility in

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.013 pfrm02 PsN: S14PT1 S11540 CONGRESSIONAL RECORD — SENATE November 14, 2000 using existing reserve funds to assist avail themselves of resolution in this I am pleased that the further correc- victims of terrorism abroad, including very short time frame’’; (3) the provi- tions to and refinements of this bill the victims of the Lockerbie and em- sion requiring the creation of a task have now been made and that the bassy bombings. force to disrupt the fundraising activi- version of the bill that the Senate is This provision will also authorize ties of international terrorist organiza- now being asked to consider and pass OVC to raise the cap on the VOCA tions would impose a ‘‘rigid, statutory has been improved. First, the bill now emergency reserve fund from $50 mil- mandate″ that ‘‘would interfere with contains the correct numbers of sailors lion to $100 million, so that the fund is the need for flexibility in tailoring en- killed and injured in the sense of the large enough to cover the extraor- forcement strategies and mechanisms Congress concerning the tragic bomb- dinary costs that would be incurred if a to fit the enforcement needs of the paring attack on the U.S.S. Cole. I believe terrorist act caused massive casualties, ticular moment’’; and (4) the provision that each of the 17 sailors killed and 39 and to replenish the reserve fund with requiring the Attorney General to sailors injured deserve recognition and unobligated funds from its other grant make legislative language rec- that the full scope of the attack should programs. ommendations on matters relating to be properly reflected in this Senate At the same time, the provision will biological pathogens were ‘‘invalid bill. I commend the sponsors of the bill simplify the presently-authorized sys- under the Recommendations Clause’’ for correcting this part of the bill. tem of using VOCA funds to provide and ‘‘interferes with the President’s ef- Second, the sense of the Congress victim compensation to American vic- forts to formulate and present his own originally urged the United States tims of terrorism abroad, by permit- recommendations and proposals and to Government to ‘‘take immediate acting OVC to establish and operate an control the policy agenda of his Admin- tions to investigate rapidly the international crime victim compensa- istration.’’ unprovoked attack on the’’ U.S.S. Cole, tion program. This program will, in ad- Similarly, the Center for Democracy without acknowledging the fact that dition, cover foreign nationals who are and Technology, the Center for Na- such immediate action has been taken. employees of any American govern- tional Security Studies and the Amer- In fact, the Navy began immediate in- ment institution targeted for terrorist ican Civil Liberties Union, described in vestigative steps shortly after the at- attack. The source of funding is the detail their concerns that ‘‘provisions tack occurred, and the FBI established in the Act pose grave threats to con- VOCA emergency reserve fund, which a presence on the ground and began institutional rights.’’ we authorized in an amendment I of- vestigating within 24 hours. The Direc- I shared many of the concerns of tor himself went to Yemen to guide fered to the 1996 Antiterrorism and Ef- those organizations and the Justice De- this investigation. That investigation fective Death Penalty Act. partment, and note that the version of The Leahy-Feinstein provision also is active and ongoing, and no Senate S. 3205 that we consider today address- clarifies that deposits into the Crime bill should reflect differently, as this es those concerns with substantial re- Victims Fund remain available for in- one originally did. The corrected bill visions to the original legislation. For tended uses under VOCA when not ex- now urges the government ‘‘to con- example, no longer does the bill require pended immediately. tinue to take strong and effective ac- a change in the wiretap statute allow- As is apparent from the work we tions’’ to investigate this attack. I ing the permissive disclosure of infor- have done both in this Congress and in mation obtained in a title III wiretap commend the Administration for the prior Congresses, we all share the in- to the intelligence agencies. No longer swift and immediate actions it has terest and concern of the sponsors of S. does the bill direct the Central Intel- taken to investigate this attack and 3205 in protecting our national security ligence Agency to make legislative rec- the strong statements made by the from the threat and risks posed by ter- ommendations to enhance the recruit- President making clear that no stone rorists determined to harm this coun- ment of terrorist informants, without will be left unturned to find the crimi- try and its citizens and helping victims any countervailing considerations. In- nals who planned this bloody attack. Third, the ‘‘Findings’’ section of this of terrorist acts. Yet, I have been con- stead, the bill now requests a more bal- cerned that earlier versions of this bill anced picture of the policy consider- bill contained several factual errors or posed serious constitutional problems ations that prompted the 1995 guide- inaccuracies that are now corrected. and risks to important civil liberties lines on the use of terrorists as inform- For example, the original bill stated we hold dear. Unlike the secret holds ants and the limitations that may be that there are ‘‘38 organizations’’ des- that often stop good bills from passing necessary to assure that the United ignated as Foreign Terrorist Organiza- often for no good reason, I have had no States does not encourage human tions (FTOs) when there are currently secret holds on S. 3205 or earlier rights abuse abroad. 29, which has been corrected. The origi- versions of this legislation. On the con- After the bill was introduced, I first nal bill stated that ‘‘current practice is trary, when asked, I have made no se- advised the sponsors of the bill and to update the list of FTOs every two cret about the concerns I had with this then the Senate about the remaining years’’ when in fact the statute re- legislation. areas of concern that should be fixed in quires redesignation of FTOs every two An earlier version of this legislation, the bill before Senate passage. years. This statement has been cor- which Senator KYL tried to move as In this regard, I note that Senator rected. The original bill stated that part of the Intelligence Authorization KYL suggested to the Senate on Octo- current controls on the transfer and bill, S. 2507, prompted a firestorm of ber 25th that if the Justice Department possession of biological pathogens were controversy from civil liberties and was satisfied with his legislation, I or ‘‘designed to prevent accidents, not human rights organizations, as well as my staff had earlier indicated that I theft,’’ which according to the Justice the Department of Justice. For exam- would be satisfied. I respect the exper- Department is simply not accurate. ple, the Department of Justice opposed tise of the Department of Justice and This inaccurate statement has been the amendment on myriad grounds, in- the many fine lawyers and public serv- eliminated. cluding that (1) the provision amending ants who work there and, where appro- Fourth, the original bill required re- the wiretap statute to permit law en- priate, seek out their views, as do ports on issues within the jurisdiction forcement officers to share foreign in- many Members. That does not mean of the Senate Judiciary Committee telligence or counterintelligence infor- that I always share the views of the without any direction that those re- mation obtained under a title III wire- Department of Justice or follow the ports be submitted to that Committee. tap with the intelligence community Department’s preferred course and rec- For example, section 9 of the bill re- ‘‘could have significant implications ommendations without exercising my quired the FBI to submit to the Select for prosecutions and the discovery own independent judgment. I would Committees on Intelligence of the Sen- process in litigation’’; (2) the provision never represent that if the Justice De- ate and the House a feasibility report giving the FBI sixty days to report on partment were satisfied with his bill, I on establishing a new capability within the feasibility of establishing a dis- would automatically defer to their the FBI for the dissemination of law semination center within the FBI on view. Furthermore, my staff has ad- enforcement information to the Intel- international terrorism raised suffi- vised me that no such representation ligence community. My suggestion ciently significant issues that ‘‘do not was ever made. that these reports also be required to

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.047 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11541 be submitted to the Judiciary Commit- S. 3205 have remained the weapon of choice, ter- tees has been adopted. Be it enacted by the Senate and House of Rep- rorist groups are investing in the acquisition Fifth, the bill requires reports, with resentatives of the United States of America in of unconventional weapons such as nuclear, recommendations for appropriate legis- Congress assembled, chemical, and biological agents. SECTION 1. SHORT TITLE. (7) Syria was placed on the first list of lative or regulation changes, by the At- state-sponsors of terrorism by the United torney General and the Secretary of This Act may be cited as the ‘‘Counterterrorism Act of 2000’’. States Government in 1979, due to its long Health and Human Services on safe- history of using terrorism to advance its in- SEC. 2. SENSE OF CONGRESS ON THE ATTACK ON guarding biological pathogens at re- THE U.S.S. COLE. terests. Syria continues to support terrorist search labs, pharmaceutical companies (a) FINDINGS.—Congress makes the fol- training and logistics. and other facilities in the United lowing findings: (8) According to the National Commission States. No definition of ‘‘biological (1) On October 12, 2000, the United States on Terrorism, the 1995 guidelines of the Cen- tral Intelligence Agency on the use of terror- pathogen’’ is included in the bill and naval vessel U.S.S. Cole was attacked in Aden, Yemen. ists as informants set up complex procedures the scope of these reports could therefor seeking approval to recruit as informants fore cover a vast array of biological (2) The attack occurred while the U.S.S. Cole was refueling, and was unprovoked. terrorists who have been involved in human materials. To address this concern over (3) Seventeen United States sailors were rights violations. That Commission found the potentially broad focus of this pro- killed in the attack, and thirty-nine were in- that these guidelines have inhibited the recruitment of essential, if sometimes unsa- vision, the bill has been amended to injured. vory, terrorist informants. As a result, that clude a direction to the Attorney Gen- (b) SENSE OF CONGRESS.—It is the sense of Commission concluded that the United eral and the Secretary of Health and Congress that the United States Government should— States has relied too heavily on foreign in- Human Services to define and deter- telligence services in attempting to uncover mine the type and classes of pathogens (1) continue to take strong and effective actions to investigate rapidly the information about terrorist organizations. that should be covered by any rec- (9) No other country, much less any sub- unprovoked attack on the United States national organization, can match United ommendations. naval vessel U.S.S. Cole; States scientific and technological prowess Finally, the bill would require reim- (2) ensure that the perpetrators of this (including quality control) in biotechnology bursement for professional liability in- cowardly act are swiftly brought to justice; and pharmaceutical production, electronics, surance for law enforcement officers and computer science, and other pursuits that (3) take appropriate actions to protect performing official counterterrorism could help overcome and defeat the tech- from terrorist attack all other members and duties and for intelligence officials per- nologies used by future terrorists. units of the United States Armed Forces forming such duties outside the United (10) Currently, the United States focuses that are deployed overseas. States. I scoured the record in vain for its efforts to discourage private financial explanatory statements by the spon- SEC. 3. FINDINGS. support to terrorists on prosecutions under Congress makes the following findings: the provisions of the Antiterrorism and Ef- sors of this bill about their views on (1) The Commission on National Security the need for this provision. Current law fective Death Penalty Act of 1996 (Public in the 21st Century, chaired by former Sen- Law 104–132) and the amendments made by curiously provides for payments of ators Hart and Rudman, concluded that that Act. Under an amendment made by that only half the costs of professional li- ‘‘[s]tates, terrorists, and other disaffected Act, section 219 of the Immigration and Na- ability insurance for law enforcement groups will acquire weapons of mass destruc- tionality Act (8 U.S.C. 1189) requires the Sec- officers and federal judges to cover the tion and mass disruption, and some will use retary of State to designate groups that costs of legal liability for damages re- them. Americans will likely die on American threaten United States interests and secu- sulting from any tortious act, error of soil, possibly in large number.’’. rity as Foreign Terrorist Organizations (2) United States counterterrorism efforts omission while in the performance of (FTOs). There are currently 29 FTOs. The must be improved to meet the evolving National Commission on Terrorism rec- the employee’s duties and the costs of threat of international terrorism against ommended that the Secretary of State en- legal representation in connection with United States nationals and interests. The sure that the list of FTO designations is any administrative or judicial pro- bipartisan National Commission of Ter- credible and updated regularly. ceeding relating to such act, error or rorism chaired by Ambassador Paul Bremer (11) It is in the interest of the United omission. 5 U.S.C. § 5941 prec. note. The and Maurice Sonnenberg was mandated by States that the Federal Government take a Bremer-Sonnenberg Commission report Congress to evaluate current United States broader approach to cutting off the flow of recommended that the Congress amend policy and make recommendations on im- financial support for terrorism from within provements. This Act stems from the find- the United States. Anyone providing to ter- current law to mandate full reimburse- ings and recommendations of that Commis- rorist organizations funds that he or she ment of the costs of personal liability sion. knows will be used to support terrorist acts insurance for FBI and CIA counterter- (3) The face of terrorism has changed sig- should be prosecuted under all relevant stat- rorism agents. In light of this expla- nificantly over the last 25 years. With the utes, including statutes addressing money nation, I am prepared to proceed while fall of the Soviet Union, many state-spon- laundering, conspiracy, and tax or fraud vio- noting that this is an area that de- sored terrorist groups have been replaced by lations. In addition, Federal agencies such as serves more comprehensive review. The more loosely knit organizations with vary- the Office of Foreign Assets Control (OFAC) same reasons for providing full reim- ing motives. These transnational terrorist of the Internet Revenue Service and the Cus- networks are more difficult to track and toms Service should be better utilized to bursement for counterterrorism offi- penetrate than state sponsored terrorist thwart terrorist fundraising. Such activities cers may apply to other law enforce- groups, and their actions are more difficult should not violate constitutional rights and ment and intelligence officers. to predict. values. The bill has been greatly improved (4) State support of terrorism has not dis- (12) Current controls on the transfer and since its first iteration, and I am appeared. Despite political change in Iran, possession of biological pathogens that could pleased to withdraw my objection. the country continues to be the foremost be used in biological weapons are inad- Mr. WARNER. I ask unanimous con- state sponsor of terrorism in the world. In equate. Controls on the equipment needed to sent that the amendment be agreed to. April 2000, the Department of State issued turn such pathogens into weapons are vir- The PRESIDING OFFICER. Without ‘‘Patterns of Global Terrorism’’, which pro- tually nonexistent. The National Commis- vides a detailed account of Iran’s continued sion on Terrorism concluded that the stand- objection, it is so ordered. support of terrorism. ards for the storage, transport, and handling The amendment (No. 4358) was agreed (5) According to the report of the National of biological pathogens should be as rigorous to. Commission on Terrorism, there are indica- as the current standards for the physical Mr. WARNER. I ask unanimous con- tions of Iranian involvement in the 1996 protection and security of critical nuclear sent the bill be read a third time and bombing of the Khobar Towers complex in materials. passed, as amended, the motion to re- Saudi Arabia, in which 19 United States sol- SEC. 4. SYRIA. consider be laid upon the table, and diers were killed and more than 500 injured. It is the sense of Congress that the United any statements relating to this bill be In October 1999, President Clinton officially States should keep Syria on the list of coun- requested cooperation from Iran in the inves- tries who sponsor terrorism until Syria— printed in the RECORD. tigation of the bombing. Thus far, Iran has (1) shuts down training camps and other The PRESIDING OFFICER. Without not responded to this request. terrorist support facilities in Syrian-con- objection, it is so ordered. (6) Terrorist attacks are becoming more le- trolled territory; and The bill (S. 3205), as amended, was thal. A growing number of terrorist attacks (2) prohibits financial or other support of read the third time and passed, as fol- are designed to kill the maximum number of terrorists through Syrian-controlled terri- lows: people. Although conventional explosives tory.

VerDate 14-NOV-2000 02:08 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.048 pfrm02 PsN: S14PT1 S11542 CONGRESSIONAL RECORD — SENATE November 14, 2000 SEC. 5. IRAN. science and technology to prevent or address States laws, including section 104 of the Na- It is the sense of Congress that the United terrorist attacks in the future, particularly tional Security Act of 1947 (50 U.S.C. 403–4). States should keep Iran on the list of coun- attacks involving chemical, biological, or The report shall include— tries who sponsor terrorism, and make no nuclear agents. (1) a description of the type of information concessions to Iran, until Iran— (b) ESTABLISHMENT OF PROGRAM.—Not later that can be shared by the Department of Jus- (1) demonstrates that it has stopped sup- than one year after the date of the enact- tice or other United States law enforcement porting terrorism; and ment of this Act, the President shall estab- agencies with elements of the United States (2) cooperates fully with the United States lish a comprehensive program (including a intelligence community, including a descrip- in the investigation into the 1996 bombing of comprehensive set of requirements for the tion of all such information that the Depart- the Khobar Towers complex in Saudi Arabia. program) of long-term research and development of Justice or other such law enforce- SEC. 6. GUIDELINES ON RECRUITMENT OF TER- ment relating to science and technology nec- ment agencies currently share with elements RORIST INFORMANTS. essary to prevent, pre-empt, detect, inter- of the United States intelligence community (a) REPORT ON GUIDELINES.—Not later than dict, and respond to catastrophic terrorist and the legal limitations if any, that apply six months after the date of the enactment attacks. to the use of such information by elements of this Act, the Director of Central Intel- (c) REPORT ON PROPOSED PROGRAM.—Not of the intelligence community; and ligence shall submit to Congress, including later than 30 days before the commencement (2) recommendations, if any, for such legis- the Committees on the Judiciary of the Sen- of the program required by subsection (b), lative language as the President considers ate and the House of Representatives, a re- the President shall submit to Congress a re- appropriate to improve the capability of the port on the Director’s response to the find- port on the program. The report on the pro- Department of Justice, or other law enforce- ings of the National Commission on Ter- gram shall include the following: ment agencies, to share foreign intelligence rorism regarding the recruitment of terrorist (1) A description of the proposed organiza- information or counterintelligence informa- informants. tion and mission of the program. tion with elements of the United States in- (b) REPORT ELEMENTS.—The report under (2) A description of the current capabilities subsection (a) shall set forth the following: telligence community on matters such as of the Federal Government to rapidly iden- (1) A detailed response to the findings re- counterterrorism. tify and contain an attack in the United (b) DEFINITIONS.—As used in this section, ferred to in that subsection, and a detailed States involving chemical or biological the terms ‘‘foreign intelligence’’ and ‘‘coun- description of any other policy consider- agents, including any proposals for future terintelligence’’ have the meanings given ations that prompted the 1995 guidelines of enhancements of such capabilities that the those terms in paragraphs (2) and (3), respec- the Central Intelligence Agency on the use of President considers appropriate. tively, of section 3 of the National Security terrorists as informants. (d) CATASTROPHIC TERRORIST ATTACK DE- Act of 1947 (50 U.S.C. 401a). (2) Recommendations, if any, for legisla- FINED.—In this section, the term ‘‘cata- tion to enhance the recruitment of terrorist SEC. 11. JOINT TASK FORCE ON TERRORIST strophic terrorist attack’’ means a terrorist FUNDRAISING. informants, including any limitations that attack against the United States perpetrated (a) SENSE OF CONGRESS.—It is the sense of may be necessary to assure that the United by a state, substate, or nonstate actor that the Congress that— States does not encourage human rights involves mass casualties or the use of a (1) many terrorist groups secretly solicit abuse abroad. weapon of mass destruction. and exploit the resources of international SEC. 7. REVIEW OF AUTHORITY OF FEDERAL SEC. 9. DISSEMINATION OF LAW ENFORCEMENT nongovernmental organizations, companies, AGENCIES TO ADDRESS CATA- INFORMATION TO THE INTEL- STROPHIC TERRORIST ATTACKS. and wealthy individuals; LIGENCE COMMUNITY. (a) REVIEW REQUIRED.—The Attorney Gen- (2) the Federal Government could do more (a) REPORT ON ESTABLISHMENT OF INTEL- eral shall conduct a review of the legal au- to utilize all the tools available to the Fed- LIGENCE REPORTING FUNCTION.—Not later thority of various Federal agencies, includ- eral Government to prevent, deter, and dis- than 180 days after the date of the enactment ing the Department of Defense, to respond rupt the fundraising activities of inter- to, and to prevent, pre-empt, detect, and of this Act, the Director of the Federal Bu- national terrorist organizations; and interdict, catastrophic terrorist attacks. reau of Investigation shall submit to the (3) the employment of any such tools to (b) REPORT.—Not later than one year after Committee on the Judiciary and the Select combat terrorism must not violate speech, the date of the enactment of this Act, the Committee on Intelligence of the Senate and association, and equal protection rights Attorney General shall submit to the appro- the Committee on the Judiciary and the Per- guaranteed by the Constitution of the United priate committees of Congress a report on manent Select Committee on Intelligence of States. the review conducted under subsection (a). the House of Representatives a report on the (b) ESTABLISHMENT OF JOINT TASK FORCE.— The report shall include any recommenda- feasibility of establishing within the Bureau Not later than six months after the date of tions that the Attorney General considers a comprehensive intelligence reporting func- the enactment of this Act, the President appropriate, including recommendations tion having the responsibility for dissemi- shall establish a joint task force for purposes whether additional legal authority for par- nating among the elements of the intel- of developing and implementing a broad ap- ticular Federal agencies is advisable in order ligence community information collected proach toward discouraging the fundraising to enhance the capability of the Federal and assembled by the Bureau on inter- activities of international terrorist organiza- Government to respond to, and to prevent, national terrorism and other national secu- tions. The approach shall utilize all crimi- pre-empt, detect, and interdict, catastrophic rity matters. nal, civil, and administrative sanctions terrorist attacks. (b) REPORT ELEMENTS.—The report under available under Federal law, including sanc- (c) DEFINITIONS.—In this section: subsection (a) shall include the following: tions for money laundering, tax and fraud (1) APPROPRIATE COMMITTEES OF CON- (1) A description of the requirements appli- violations, and conspiracy. The approach GRESS.—The term ‘‘appropriate committees cable to the creation of the function referred shall not infringe upon constitutional and of Congress’’ means the following: to in that subsection, including the funding civil rights in the United States. (A) The Committees on Appropriations, required for the function. (c) REPORT.—Not later than one year after Armed Services, and the Judiciary and the (2) A discussion of the legal and policy the date of the enactment of this Act, the Select Committee on Intelligence of the Sen- issues, including any reasonable restrictions joint task force established under subsection ate. on the sharing of information and the poten- (b) shall submit to Congress a report on the (B) The Committees on Appropriations, tial effects on open criminal investigations, activities of the joint task force. The report Armed Services, International Relations, associated with disseminating to the ele- shall include any findings and recommenda- and the Judiciary and the Permanent Select ments of the intelligence community law en- tions (including recommendations for modi- Committee on Intelligence of the House of forcement information relating to inter- fications of United States law or policy) that Representatives. national terrorism and other national secu- the joint task force considers appropriate re- (2) CATASTROPHIC TERRORIST ATTACK.—The rity matters. garding United States efforts to thwart the term ‘‘catastrophic terrorist attack’’ means SEC. 10. DISCLOSURE BY LAW ENFORCEMENT fundraising activities of international ter- a terrorist attack against the United States AGENCIES OF CERTAIN INTEL- rorist organizations while protecting con- perpetrated by a state, substate, or nonstate LIGENCE OBTAINED BY INTERCEP- stitutional and civil rights in the United actor that involves mass casualties or the TION OF COMMUNICATIONS. States. EPORT ON UTHORITIES ELATING TO use of a weapon of mass destruction. (a) R A R SEC. 12. IMPROVEMENT OF CONTROLS ON SEC. 8. LONG-TERM RESEARCH AND DEVELOP- SHARING OF CRIMINAL WIRETAP INFORMA- PATHOGENS AND EQUIPMENT FOR MENT TO ADDRESS CATASTROPHIC TION.—Not later than 180 days after the date PRODUCTION OF BIOLOGICAL WEAP- TERRORIST ATTACKS. of the enactment of this Act, the President ONS. (a) SENSE OF CONGRESS.—It is the sense of shall submit to the Committee on the Judici- (a) REPORT ON IMPROVEMENT OF CON- Congress that— ary and the Select Committee on Intel- TROLS.—(1) Not later than one year after the (1) there has not been sufficient emphasis ligence of the Senate and the Committee on date of the enactment of this Act, the Attor- on long-term research and development on the Judiciary and the Permanent Select ney General shall submit to Congress a re- technologies useful in fighting terrorism; Committee on Intelligence of the House of port on the means of improving United and Representatives a report on the legal au- States controls of biological pathogens and (2) the United States should make better thorities that govern the sharing of criminal the equipment necessary to develop, produce, use of its considerable accomplishments in wiretap information under relevant United or deliver biological weapons.

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.016 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11543 (2) Subject to paragraph (3), the report means an employee of an agency whose posi- velop a broad approach toward discour- under paragraph (1) should include the fol- tion is that of— aging the fundraising activities of lowing: (1) a law enforcement officer performing international terrorist organizations (A) A list of the equipment identified by official counterterrorism duties; or and that the task force issue a report. the Attorney General, in consultation with (2) an official of an element of the intel- the Secretary of Defense, the Secretary of ligence community performing official Sixth, the bill requires the FBI to re- Health and Human Services, the Director of counterterrorism duties outside the United port on whether it can set up a central Central Intelligence, other appropriate Fed- States. mechanism to distribute intelligence eral officials, and other appropriate members (c) DEFINITIONS.—In this section: information it gleans about inter- of public and private organizations, as crit- (1) AGENCY.—The term ‘‘agency’’ means national terrorists to other members of ical to the development, production, or de- any Executive agency, as that term is de- the intelligence community. livery of biological weapons. fined in section 105 of title 5, United States Seventh, the bill directs the presi- (B) Recommendations, if any, for such leg- Code, and includes any agency of the Legis- dent to review the type of information islative language as the Attorney General lative Branch of Government. shared by U.S. law enforcement agen- considers appropriate to make illegal the (2) ELEMENT OF THE INTELLIGENCE COMMU- possession of the biological pathogens by NITY.—The term ‘‘element of the intelligence cies and intelligence agencies as well anyone who is not properly certified for the community’’ means any element of the intel- as legal limitations on the sharing of possession of such pathogens, or for other ligence community specified or designated this information. The president shall than a legitimate purpose. under section 3(4) of the National Security provide any recommendations regard- (C) Recommendations, if any, for such leg- Act of 1947 (50 U.S.C. 401a(4)). ing the sharing of foreign intelligence islative language as the Attorney General (3) LAW ENFORCEMENT OFFICER; PROFES- or counterintelligence information be- considers appropriate to control the domes- SIONAL LIABILITY INSURANCE.—The terms tween such agencies. tic sale and transfer of the equipment identi- ‘‘law enforcement officer’’ and ‘‘professional Eighth, the bill mandates that the fied under subparagraph (A), including any liability insurance’’ have the meanings given appropriate steps to track, tag, or otherwise those terms in section 636(c) of the Treasury, CIA shall issue a report responding to mark or monitor such equipment. Postal Service, and General Government Ap- the Commission on Terrorism’s finding (3) The recommendations of the Attorney propriations Act, 1997 (5 U.S.C. prec. 5941 that the CIA should scrap a internal General under paragraph (2) shall take into note). classified guideline requiring CIA consideration the impact of additional con- Mrs. FEINSTEIN. Mr. President, agents to get approval from head- trols on legitimate industrial or medical ac- quarters before recruiting unsavory in- tivities, and shall include an assessment of today the Senate passed by unanimous the economic and scientific effects of such consent important legislation Senator dividuals to act as informants about controls on such activities. KYL and I sponsored that seeks to im- terrorism. (4) The Attorney General shall consult prove the United States’ ability to pre- Ninth, the bill expresses the Sense of with the Secretary of Health and Human vent and respond to terrorist attacks. Congress that Syria and Iran should re- Services in preparing any recommendations This bill, S. 3205, the Counterterrorism main on the list of countries that spon- under paragraph (2)(B), and shall include in Act of 2000—together with a Kyl-Fein- sor terrorism. the report under paragraph (1) a detailed de- Finally, the bill would ensure that scription of the methodology and criteria stein amendment making a few tech- used to define and determine the types and nical changes—implements major rec- federal counterintelligence personnel classes of pathogens covered by such recommendations from a bipartisan, blue- be fully reimbursed for buying insur- ommendations. ribbon commission on terrorism. ance they purchase to protect them- (b) IMPROVED SECURITY OF FACILITIES.—Not Let me describe what the bill would selves from liability if they are sued later than one year after the date of the en- do. First, it urges that the U.S. govern- for their officially authorized activi- actment of this Act, the Secretary of Health ment continue to take strong and ef- ties. Currently, the government reim- and Human Services, in consultation with burses federal criminal law enforce- other appropriate Federal officials and ap- fective actions to investigate the re- propriate members of public and private or- cent attack on the U.S.S. Cole and en- ment officers, supervisors, and manage- ganizations, shall submit to Congress a re- sure that the perpetrators are brought ment officials for one-half of their in- port with detailed analysis and recommenda- to justice. The assault on the Cole is surance expenses. These individuals tions for appropriate regulations, or modi- the worst against the U.S. military purchase professional liability insur- fications to current law, to enhance the since the bombing of an Air Force bar- ance because government representa- standards for the physical protection and se- racks in Saudi Arabia killed 19 airmen tion may not be available to them. curity of the biological pathogens described However, FBI special agents and CIA in subsection (a) at research laboratories and in 1996. It is also the worst attack on a other facilities in the United States that cre- Navy ship since an Iraqi missile struck officers who do counterterrorism work ate, possess, handle, store, or transport such an American guided-missile frigate in may not be reimbursed at all when pathogens in order to protect against the 1987, killing 37 sailors. they buy such insurance. This is par- theft or other diversion for illegitimate pur- Second, the bill requires the Depart- ticularly unfortunate because poses of such pathogens from such labora- ment of Justice to review legal author- counterterrorism work is so risky—es- tories and facilities. The report shall include ity of federal agencies responsible for pecially when the work occurs over- a detailed description of the methodology responding to a catastrophic terrorist seas. There can be few more dangerous and criteria used to define and determine the types and classes of pathogens covered by attack and determine whether addi- tasks than infiltrating a terrorist cell the report. tional legal authority is necessary. in, say, Yemen or Afghanistan. SEC. 13. REIMBURSEMENT OF PERSONNEL PER- Third, the bill requires the president The Kyl-Feinstein Counterterrorism FORMING COUNTERTERRORISM DU- to establish a program for long-term Act of 2000 is not a panacea for the TIES FOR PROFESSIONAL LIABILITY research and development to counter problem of terrorism. Rather, it seeks INSURANCE. catastrophic terrorist attacks and sub- to implement a number of specific im- (a) REQUIREMENT FOR FULL REIMBURSE- MENT.—(1) Notwithstanding any other provi- mit a report to Congress on this pro- provements to our counterterrorism sion of law and subject to paragraph (2), the gram. It also expresses the sense of policy unanimously suggested by the head of an agency employing a qualified em- Congress that there should be more Commission on Terrorism, a bipartisan ployee shall reimburse the qualified em- long-term research and development in group of experts. ployee for the costs incurred by the qualified this area. The bill also lays the groundwork for employee for professional liability insur- Fourth, the bill mandates that the a number of further improvements. We ance. attorney general issue a report on how will be revisiting many of the issues (2) Reimbursement of a qualified employee under paragraph (1) shall be contingent on to improve U.S. controls on biological covered by the bill in the next Congress the submission by the qualified employee to pathogens and the equipment nec- once we receive more detailed informa- the head of the agency concerned of such in- essary to produce biological weapons, tion and recommendations from the formation or documentation as the head of and requires the Health & Human Serv- Executive Branch. I look forward to the agency concerned shall require. ices secretary to issue a report on any working with my colleagues in Con- (3) Amounts for reimbursements under appropriate actions that should be gress and with the next Administration paragraph (1) shall be derived from amounts available to the agency concerned for sala- taken to protect against unlawful di- to implement S. 3205. ries and expenses. version of pathogens. I believe that we need to take strong (b) QUALIFIED EMPLOYEE.—For purposes of Fifth, the bill requires that the presi- action to combat terrorism. There is this section, the term ‘‘qualified employee’’ dent establish a joint task force to de- no question that terrorist attacks will

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A14NO6.016 pfrm02 PsN: S14PT1 S11544 CONGRESSIONAL RECORD — SENATE November 14, 2000 continue and that they will become Mr. WARNER. I further ask consent our efforts over the last 2 years as I more deadly. Terrorists today often act that when the Senate reconvenes on would have liked. out of a visceral hatred of the U.S. or Tuesday, December 5, the Journal of The lameduck session will give us an the West and seek to wreak maximum proceedings be approved to date, and opportunity to make progress on each destruction and kill as many people as following the leaders’ time, there be a of those issues. I hope we will seize possible. period for the transaction of morning that opportunity. At the same time, I believe that our business until the hour of 12:30 p.m., I have spoken with the majority lead- counterterrorism policy must be con- with Members permitted to speak for er about this issue, and about our de- ducted in a way that remains con- up to 5 minutes each. sire to complete our work in a positive sistent with our democratic values and The PRESIDING OFFICER. Without way. I think we agree: We need to work our commitment to an open, free soci- objection, it is so ordered. closely together in the final days of ety. f this Congress. He certainly reiterated In many ways, the Kyl-Feinstein his desire to do that. Counterterrorism Act of 2000 is a coun- PROGRAM When we left before the election, ev- terpart bill to the Justice for Victims Mr. WARNER. The Senate will be eryone assumed we would return to a of Terrorism Act that recently passed considering a continuing resolution on relative certainty. We assumed we the Senate 95 to 0. That legislation, Tuesday, December 5, and may be con- would have a President-elect. We as- which I cosponsored, will make it easi- sidering other legislative items. There- sumed we would know the balance of er for American victims of terrorism fore, votes could occur during Tues- power in the next Congress. Of course, abroad to collect court-awarded com- to everyone’s surprise, we still do not pensation and ensure that the state day’s session of the Senate. All Sen- ators will be notified via the hotline know either of these things. sponsors of terrorism pay a price for The situation in which we now find their crimes. system as to those votes when it becomes clear as to their time. ourselves is virtually unprecedented. It While I strongly support assisting certainly is unusual. But with the elec- terrorist victims, I also believe that we Again, I wish all Senators a safe and happy Thanksgiving. I do that on be- tions this close, a period of uncertainty need to do more to prevent Americans is certainly unavoidable. from becoming victims of terrorism in half of the bipartisan leadership in the Senate. I look forward to working with While none of us has ever seen such a the first place. Thus, I am glad that close Presidential election, some of us the Senate has acted to pass S. 3205 all Senators when they return on Tues- day, the 5th. have seen this on a smaller scale. I am with such dispatch. It is crucial to act one of those people. now before terrorists strike again, kill- f In 1978, in my first race for election ing and injuring more Americans and ORDER FOR RECESS to the House of Representatives, I was leaving more families grieving. I urge behind by 28 votes at the end of elec- the House to pass S. 3205 before we ad- Mr. WARNER. If there is no further tion night and was declared the loser. journ. business to come before the Senate, I The next day, amid much confusion, I In conclusion, I want to thank my now ask unanimous consent that the was actually declared the winner by 14 good friend Senator KYL for his tireless Senate stand in recess under the provi- votes. Talk about a roller coaster ride. efforts to get this bill passed. His work, sions of H. Con. Res. 442, following the And that was just the first day. as always, has been invaluable. remarks of Senator DASCHLE, should he Over the next few months, after more I also thank my other colleagues for seek the floor, for such period not to recounts, and the discovery of com- their assistance in helping us pass this exceed 15 minutes. putational errors, and more confusion, bill. I know Senator LEAHY, for in- The PRESIDING OFFICER. Without the election went all the way to the stance, initially had a number of con- objection, it is so ordered. South Dakota Supreme Court. cerns with the legislation. I am grate- Mr. WARNER. I suggest the absence In August of 1979, the court heard ful for the time he spent working of a quorum. oral arguments and examined every through these issues with us, and I am The PRESIDING OFFICER. The ballot. glad that we can move this bill forward clerk will call the roll. Finally, on November 27, 1979—more unanimously. The assistant legislative clerk pro- than a year after the election—the f ceeded to call the roll. South Dakota Supreme Court issued Mr. DASCHLE. Mr. President, I ask UNANIMOUS CONSENT its decision. It added 5 more votes to unanimous consent that the order for AGREEMENT—H.R. 5633 the earlier total and declared me the the quorum call be rescinded. winner by a margin of 110 votes, which Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. Without I like to say in South Dakota is about unanimous consent that when the Sen- objection, it is so ordered. 60 percent. ate receives from the House H.R. 5633, f In recounting this story, I am not the appropriations bill to fund the Dis- suggesting that we can afford to take trict of Columbia, if the text is iden- SENATE BUSINESS AND that much time in getting a fair and tical to the text I now send to the desk, ELECTIONS accurate count in this Presidential then the bill be considered passed and Mr. DASCHLE. Mr. President, al- election. Clearly, because of the sur- the motion to reconsider laid upon the though the Senate will not resume passing importance of the Presidency, table. work in earnest today on the issues re- The PRESIDING OFFICER. Without this election must be decided on an ex- maining before the 106th Congress, we objection, it is so ordered. pedited basis. I am confident that it Mr. WARNER. I now send the text of certainly hope that when we do return will be. the bill to the desk. on the 5th of December we will be able Instead, I tell this story to illustrate The PRESIDING OFFICER. The bill to complete action on the appropria- the point that our system has dealt will be received. tions bills, the minimum wage in- successfully with close elections in the f crease, the Balanced Budget Refine- past. ment Act, and deal with the immigra- My first race for Congress is just one ORDERS FOR TUESDAY, tion issue, as well as a fair and bal- example. There are many others. Even DECEMBER 5, 2000 anced tax relief package. as we speak, votes are still being Mr. WARNER. Mr. President, I ask In the 3 weeks until then, I certainly counted in another too-close-to-call unanimous consent that when the Sen- hope that both parties and the admin- race: the Senate race in Washington ate completes its business today, it re- istration will redouble their efforts to State. cess until the hour of 12 noon on Tues- reach agreement on these important Since last Tuesday, many colleagues day, December 5, under the provisions issues. We do not have to wait until we have told me of similar experiences in of H. Con. Res. 442. get back. It is so troubling that we are their own elections. To a person, they The PRESIDING OFFICER. Without so close to the end of the calendar year all agree that the important thing is to objection, it is so ordered. and we do not have as much to show for take whatever time is needed to get a

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G14NO6.050 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — SENATE S11545 fair and accurate vote count. That is In fact, his proposal merely restated come of this election and give our next the only way to maintain public con- his campaign’s previous position that President their support. fidence in the outcome of the election. ballots counted by hand after 5 o’clock It is worth exercising a little pa- So yes, this is an unusual situation. this evening should be ignored. tience to get that result. But it is not a constitutional crisis. He then went on to cite fluctuations I yield the floor. In a Newsweek poll taken over the in the stock market as proof that a f weekend, Americans were asked which winner must be declared in the presi- was more important: Resolving the un- dential election now—even if it means RECESS UNTIL TUESDAY, certainty over the election now so we sacrificing a full and fair count. DECEMBER 5, 2000 know who the next President will be Or I hope that everyone involved in this The PRESIDING OFFICER. Under making certain to remove all reason- critically important matter would re- the previous order, the Senate stands able doubt that the vote count in Flor- frain from such overheated rhetoric. It ida is fair and accurate. is not helpful to this process. We are in recess. By a margin of 3 to 1, Americans say all anxious to know who our next Thereupon, the Senate, at 4:31 p.m., it is more important to get the results President is. We all want finality. But recessed until Tuesday, December 5, right than to get them right now. not at the expense of fairness. 2000, at 12 noon. Their response is proof of their faith That is what the Vice President f in our system of government. wants. It is a system of unequaled strength That is what the American people NOMINATIONS and stability. And it should be allowed want. That is what I believe Democrats Executive nominations received by to work. and Republicans want. the Senate November 14, 2000: What we all need right now is pa- That is what is needed to reassure DEPARTMENT OF STATE tience. voters in Florida and all across Amer- LARRY CARP, OF MISSOURI, TO BE AN ALTERNATE What we do not need is ‘‘spin’’ from ica that their votes in this election REPRESENTATIVE OF THE UNITED STATES OF AMERICA people with vested interests in the out- counted. TO THE FIFTY-FIFTH SESSION OF THE GENERAL ASSEM- BLY OF THE UNITED NATIONS. come. That is what is needed for Americans RICHARD N. GARDNER, OF NEW YORK, TO BE AN ALTER- It was particularly disturbing earlier to reassure Americans that their faith NATE REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE FIFTY-FIFTH SESSION OF THE GEN- today to see a representative of the in our election system is well-founded. ERAL ASSEMBLY OF THE UNITED NATIONS. Bush campaign on national television Regardless of who they voted for as JAY T. SNYDER, OF NEW YORK, TO BE A REPRESENTA- TIVE OF THE UNITED STATES OF AMERICA TO THE announce what he called a ‘‘com- long as Americans have this reassur- FIFTY-FIFTH SESSION OF THE GENERAL ASSEMBLY OF promise offer.’’ ance I believe they will accept the out- THE UNITED NATIONS.

VerDate 14-NOV-2000 01:01 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4624 Sfmt 9801 E:\CR\FM\G14NO6.053 pfrm02 PsN: S14PT1 November 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2093 EXTENSIONS OF REMARKS

HONORING THE SPORLEDER This Way Comes, and Fahrenheit 451. Ray to 17% than 12%. Money can also be bor- FAMILY Bradbury's ideas are intertwined with our rowedÐwe have $5 trillion in government shared American culture, as nearly every high debt, a great part of this went to consumption HON. BOB SCHAFFER school student has at some point read one of rather than investmentÐand as such basically OF COLORADO his novels for a high school literature class. means that the current generation handed the Fahrenheit 451, in which an autocratic soci- bill to the next for government services they IN THE HOUSE OF REPRESENTATIVES ety's government denies its people access to enjoyed. Tuesday, November 14, 2000 books, and thus creative thought and actions, Friedman's historical argument is reinforced Mr. SCHAFFER. Mr. Speaker, on Monday, is a classic example of Ray Bradbury's unique by the federal government's growth over the November 13, the Colorado Association of incorporation of fantasy, reality, and fore- last 5 years. When I arrived in Washington in Soil Conservation Districts held its 56th annual warning vision. It serves not only as a warning 1995 the federal government spent abut $1.5 meeting in Grand Junction, Colorado. This as- against censorship, but was firmly rooted in trillion per year. It now spends almost $1.9 tril- sociation gathers every year to recognize two the American culture of the time, as it was lion per year. Washington looks, feels, and land owners who have demonstrated leader- written and published during the reign of Sen- acts like a great spending machine, and I ship in conservation and stewardship. The ator Joseph McCarthy. have seen first hand the tremendous bias to- work of this body and its members is truly a Truly a modern creative genius, Ray ward spending inherent in our system of gov- standard of exemplary commendation. Bradbury has won numerous awards for his ernment. Few people take a trip to Wash- This year, Sig Sporleder, a member of the writing, and was inducted into the Science Fic- ington because they want nothing from it, and Upper Huerfano Soil Conservation District tion Hall of Fame in 1970. After what has in- you see this in several ways. since 1951, was recognized for the out- deed been a lifetime of achievement, Mr. First, regular folks from back home come standing ranching techniques he has imple- Bradbury is showing no signs of slowing upÐthey admire what I have done and said mented on his 2,367-acre ranch near down, as even now, at 80, he continues to on government spending and even say keep it Walsenberg, Colorado and named Conserva- write and lecture. upÐbut there is always this ``one'' program tionist of the Year for Ranching. He has con- Mr. Speaker, I ask that my colleagues join they want to tell you about. If you add up all trolled ranch erosion by installing dams and di- me in honoring Ray Bradbury, a man who's vi- the ``one'' programsÐrailroad retirement fund- version ditches, and increased plant diversity sion and artistic creativity has challenged our ing, money to fix the Pinckney historic site in and rangeland productivity by cross-fencing for collective memories, ideals and beliefs; and Mount Pleasant, a new line item for fire- rotational grazing systems. Mr. Speaker, Mr. who has served as an inspiration to each of fighters, the local disabilities or humanities Sporleder is not only a great conservationist us and our future. board's push for un-offset additional funding, but an upstanding member of our community. f etc, you get to a lot of money. These are your He is a member of the Colorado Cattlemen's friends, the last thing in the world you want to Association, Farm Bureau and the Huerfano PERSONAL EXPLANATION do is say no. Stock-Growers Association. His contribution to Second, formal lobbies say basically the cultivation and conservation practices is an HON. PATRICK J. KENNEDY same things, but you didn't grow up across encouragement to all of us who seek to pre- OF RHODE ISLAND the street from the man or woman making serve the integrity of the land. IN THE HOUSE OF REPRESENTATIVES their case. They sweeten their argument with f a big PAC check or 1,000 letters of support Tuesday, November 14, 2000 from everyone on their mailing list. They are IN HONOR OF RAY BRADBURY Mr. KENNEDY of Rhode Island. Mr. Speak- extremely effective. An example of this would er, I was unavoidably detained and missed the be the sugar lobby. With the exception of HON. DENNIS J. KUCINICH following votes: Rollcall No. 593, No. 594, No. maybe ten Congressional districts where OF OHIO 595, No. 596. sugar is the dominant crop, no one in the IN THE HOUSE OF REPRESENTATIVES Had I been here I would have voted: ``Yea'' Congress could make the case for our sugar on No. 593, No. 594; and ``Nay'' on No. 595, price support system without being laughed or Tuesday, November 14, 2000 No. 596. booed out of the room. This system costs Mr. KUCINICH. Mr. Speaker, I rise today to f American consumers $1 billion a year in the congratulate author Ray Bradbury, as he reform of higher sugar prices, and all this benefit ceives a lifetime achievement award to be pre- GOVERNMENT SPENDING gets handed down to truly a fewÐroughly 60 sented by the National Book Foundation. A domestic sugar producers. The largest of novelist, lecturer, social critic, screenwriter, HON. MARSHALL ‘‘MARK’’ SANFORD these is the Fanjul family, who get $60 million playwright, poet and visionary, Ray Bradbury OF SOUTH CAROLINA a year of personal benefit as a result of the is a national treasure. IN THE HOUSE OF REPRESENTATIVES program. They are not even American citi- Born in 1920, the young Bradbury was an zens, but do reside in Palm Beach and are on imaginative child prone to nightmares and Tuesday, November 14, 2000 the Forbes 400 list with yachts, helicopters, frightening fantasies. He began writing at the Mr. SANFORD. Mr. Speaker, I rise today to planesÐeven their own resort. UnjustÐyes, age of twelve, and has not looked back. Op- leave in the record a few thoughts about but there are 270 million people in America, eras, poetry, essays, plays, more than 500 where we are, and where we are going, with so that means this program costs each of us short stories and 30 books later, Ray Bradbury regard to government spending. Milton Fried- about $4 each per year. Who is going to take has left a vast collection of thoughts and ideas man once said that the only real measure of a trip to Washington to save $4 per year? No which will assuredly withstand the test of time. government's size is what it spends. I had a oneÐit's not a rational decision. For the A man well grounded in reality, he has an hunch that he was right when I came to Fanjuls it is the reverse, they have $60 million amazingly distinct hold on the creative process Washington, having been here for six years I riding on the visit and are in town in a big that alludes most. He has said, ``We are cups, am now certain he is correct. way. constantly and quietly being filled. The trick is It's not collusion, or a conspiracy, but unfor- Finally, government watches out for its own. knowing how to tip ourselves over and let the tunately political forces regularly come to- The military very effectively uses government beautiful stuff out.'' Indeed, Ray Bradbury has gether to mask the real size of government. dollars to turn around and lobby Congress for found the path to letting the ``beautiful stuff Taxes may sit below the real cost of sus- more. I don't mind because I see the military out,'' for nearly 65 years. His works are well taining a program. That's happening now with as a core function of the federal government, known by most, including his more popular Social Security where the $9 trillion liability, if but when our office went after the East West The Martian Chronicles, Something Wicked annualized, would mean payroll taxes closer Center, I was disturbed to see public monies

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.000 pfrm04 PsN: E14PT1 E2094 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2000 used to craft responses used in defeating our hope in efforts to attempt to put a bridle on the mittee and Children Who Witness Violence efforts. Similarly, when I went after OPIC with federal government's spending, but currently it Committee, and a Board Member of the Dis- TOM CAMPBELL the organization's intelligence doesn't look good. For the sake of our Repub- trict One Public Works Integrating Committee was so good that I was getting calls from Mark lic, I hope the elected leadership of this coun- (DOPWIC). Also, Campbell represents the Irwin and Dennis Baake. Mark I have only met try wakes up to the need to do something County at the National Association of Counties a time or two at Renaissance Weekend. Den- sooner rather than later because time is be- and the County Commissioners Association of nis I have known for years; he uses OPIC ginning to run short in solving what could Ohio, and she was recently elected the Vice funding with his company AES, but we have shortly prove to be a math trap against each Chair of the National Democratic County Offi- never before talked about OPIC. I still don't of us as taxpaying Americans. cials. know how OPIC figured out I knew both these f Jane Campbell is a natural leader. At just guys. 47 years old, Campbell is already a seasoned The bottom line is that we have a problem HONORING OLYMPIC ATHLETE politician, winning her first state legislative with spending in Washington and what this CHRISTINE SMITH COLLINS seat when she was still in her 20's. She suc- spending points to is even worse. In the early cessfully served six terms in the Ohio House 1800's a little known Scottish historian after HON. JAMES P. McGOVERN of Representatives, where she was elected studying World History for the whole of his life OF MASSACHUSETTS Majority Whip and Assistant Minority Leader said this: IN THE HOUSE OF REPRESENTATIVES by her colleagues. Over the course of her 12 ``A democracy cannot exist as a permanent Tuesday, November 14, 2000 years in office, Campbell had a strong record form of government it can only exist until the for children and families, law enforcement, de- voters discover that they can vote themselves Mr. MCGOVERN. Mr. Speaker, today I wish velopment and welfare. In addition to being a largesse from the public treasury. From that to join the City of Worcester in recognizing talented legislator, Campbell was the founding moment on, the majority always vote for the one of our most dedicated athletes, rower Executive Director of WomenSpace, Executive candidates promising the most benefits from Christine Smith Collins. At the Sydney Olym- Director of the Friends of Shaker Square and the public treasury with the result that a de- pics, Ms. Collins and her partner Sarah Gar- National Field Director of ERAmerica. mocracy always collapses over loose fiscal ner captured the Bronze Medal in the light- Campbell's hard work has earned her a policy, always followed by a dictatorship. The weight double sculls. number of awards and honors including, average of the world's greatest civilizations Ms. Collins was an avid track runner before Crain's Cleveland Business Woman of Influ- has been 200 years. These nations have pro- discovering rowing at Trinity College in Hart- ence, One of the 100 Most Influential Women gressed through this sequence: ford, Connecticut, where she received her in Cleveland by Cleveland Magazine, A from Bondage to Spiritual Faith; Bachelor's Degree with honors in 1991. Row- Woman to Watch in the 90's by Ms Magazine, from Spiritual Faith to Great Courage; ing certainly fit her well, as she has become One of 100 Young Women of Promise by from Great Courage to Abundance; the most decorated female rower in U.S. his- Good Housekeeping, and Rookie of the Term from Abundance to Selfishness; tory. She has been an eight time national by Columbus Monthly. from Selfishness to Complacency; champion, won four world titles, and six world Mr. Speaker, I ask my fellow colleagues in from Complacency to Apathy; championship medals. the House of Representatives to join me today from Apathy to Dependency; In addition to her success on the water, Ms. in recognizing Commissioner Jane Campbell. from Dependency back again into Bond- Collins is also a practicing attorney, receiving She is a truly remarkable woman who should age.'' her degree from George Washington Law be commended for her immeasurable con- Tragically Alex Tyler's words have been School in 1998. She was a law clerk to the tributions to our community and her endless born out by the history of the world. Justices of the Superior Court of Massachu- dedication to public service. Egyptians, advanced as they were, came setts and is currently an associate at the law f and wentÐthe Greeks laid the intellectual firm of Bowditch and Dewey, LLP in Worces- foundation for many of our government's prac- ter, Massachusetts. PERSONAL EXPLANATION tices but did the same. Rome, after controlling Ms. Collins resides in Worcester with her the entire known world, came to an end in 476 husband Matt Collins, a physician at Family HON. PATRICK J. KENNEDY AD. The Byzantine Empire was around for an- Health Center in Worcester and himself a OF RHODE ISLAND other thousand years but ultimately crumbled former member of the U.S. Rowing Team and IN THE HOUSE OF REPRESENTATIVES as well in 1453. Italy, which dominated as the 1993 World Champion. I greatly admire her cultural center of the western world during the many accomplishments, both in and out of the Tuesday, November 14, 2000 Renaissance, fell to Charles V in 1550 and water. Mr. Speaker, I ask that this House join Mr. KENNEDY of Rhode Island. Mr. Speak- Spain controlled one-fourth of the known world me and the City of Worcester in honoring this er, I was unavoidably detained and missed the and one-half of the world's gold resources in tremendous athlete and to wish her much con- following votes: Roll Call No. 531, No. 532, 1588 but collapsed in the late 1600's. The tinued success in the future. No. 533, No. 570±576, No. 584±590, No. 592, Dutch had the highest per capita income in f No. 593, No. 594. the world and controlled half of the world's Had I been here I would have voted: Yea on shipping, but were subject to a similar decline IN HONOR OF JANE L. CAMPBELL No. 531, No. 532, No. 533, No. 570, No. 571, by 1795. The Ottoman Empire was the world's No. 572, No. 573, No. 574, No. 575, No. 576, largest in the 1600's then declined through the HON. DENNIS J. KUCINICH No. 584, No. 585, No. 586, No. 587; Nay on 1700's and 1800's and ended after WWI. OF OHIO No. 588; and Yea on No. 589, No. 590, No. There are other examples, but a good part IN THE HOUSE OF REPRESENTATIVES 592, No. 593, No. 594. of each of these countries' or civilizations' end f was tied to government overspending. Spain Tuesday, November 14, 2000 at the time of collapse spent forty cents of Mr. KUCINICH. Mr. Speaker, I wish today to ESTATE TAXES every dollar of government expenditure on in- congratulate Jane L. Campbell, the out- terest payments which is unsustainable for a standing Commissioner from Cuyahoga Coun- HON. MARSHALL ‘‘MARK’’ SANFORD person or a country. Can you imagine spend- ty, Ohio who was recently named one of nine OF SOUTH CAROLINA ing forty cents of every dollar you earned to Public Officials of the Year by Governing Mag- IN THE HOUSE OF REPRESENTATIVES cover the tab on your credit card? azine. The bottom line is that I believe the biggest As one of three Cuyahoga Commissioners Tuesday, November 14, 2000 threat we have to National Security is our gov- for the most populous county in Ohio, Camp- Mr. SANFORD. Mr. Speaker, I rise today to ernment's excessive spending. I have cast bell manages human services, economics, in- share the thoughts of a man whom I re- more than my share of votes against even frastructure development and re-development spected deeply, John Monroe J. Holliday. suspensions and anything else that had much and also oversees a budget larger than that of John did many things in South Carolina, one in the way of spending, but I have seen noth- ten states. However, Campbell takes her job of which was host the Gallivants Ferry Stump. ing structural to suggest people are willing to as County Commissioner far beyond these tra- The Stump is a 180-year-old tradition built on put the brakes on spending. This troubles me ditional duties. Currently, she is President of kicking around political ideas face-to-face. It for our country's future. Oddly, the next eco- the Board of County Commissioners, Chair- has been a spot where people in that part of nomic slow-down may be our nation's best man of the Violence Against Women Act Com- rural South Carolina gathered and I've always

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.005 pfrm04 PsN: E14PT1 November 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2095 enjoyed the chance to attend and compare HONORING THE SHREWSBURY and businesses to strengthen academic pro- notes and ideas with farmers and city folks ROTARY CLUB grams and enhance the school's capacity to alike. I have always considered myself a token respond to the needs of the region. Such a Republican at this Democratic event, but it did HON. JAMES P. McGOVERN philosophy demonstrates a true understanding me well as my elections have been won with OF MASSACHUSETTS of the education system and its interaction with the community as a whole. the help of Democrats in western Horry Coun- IN THE HOUSE OF REPRESENTATIVES Dr. Van Ummerson's contribution to edu- ty. John passed away last month and he will Tuesday, November 14, 2000 cation can be seen in the stature of Cleveland be missed by many South Carolinians. Mr. MCGOVERN. Mr. Speaker, I wish today State University in our community. The Univer- One of the issues that John was very pas- to congratulate the Shrewsbury Rotary Club of sity, which serves the educational needs of sionate about was the estate tax. Many times Massachusetts, which is being recognized for northeast Ohio, offers 65 undergraduate pro- he wrote to me urging a change to the law. exemplary involvement in community service. grams and has approximately 15,500 stu- Two days before he died, he drafted a letter The Shrewsbury Rotary Club has been cho- dents. Its mission to promote an open and in- to me on the current estate tax policy in our sen as the 2000 recipient of The Harry Cut- clusive educational environment for members ting, Jr. Award. This award is presented annu- of the community has been served well under country. I will let his final words on the subject ally by Shrewsbury Community Services to an Dr. Van Ummerson's leadership. speak for him. individual or organization that has worked to My fellow distinguished colleagues, please I submit the following letter for the RECORD: improve the lives of local families. Harry Cut- join me in honoring Dr. Claire Van HOLLIDAY ASSOCIATES, LLC, ting was a founding member of Shrewsbury Ummerson's outstanding work as President of Galivants Ferry, SC, October 19, 2000. Community Services and was dedicated to Cleveland State University, and in wishing her Congressman MARK SANFORD, helping families in need. all the best for her future career in Wash- Longworth Building, The Shrewsbury Rotary Club exemplifies ington, DC. Washington, DC. the meaning of community service and what f DEAR MARK: The Holliday family has faced Harry Cutting stood for as a member of this increased estate taxes on an annual basis for community. The club is involved on both the LET THE STATES PLAN such a long time, and this increase is a re- international and the local level, helping those TRANSPORTATION PROJECTS sult of Congress’s failure to adjust the gift in need. They have worked in conjunction with and estate tax exclusion by inflation. In 1987 the University of Massachusetts Medical Cen- HON. BOB SCHAFFER the amount each individual could shelter ter to transport medical supplies to Chernobyl OF COLORADO from estate taxes was $600,000—in addition to and established the first rotary club in Kiev IN THE HOUSE OF REPRESENTATIVES the annual gift tax exclusion for each indi- where they have formed a partnership and Tuesday, November 14, 2000 vidual which I believe was $10,000. Margy and continue to assist those citizens in need. On I have constantly taken advantage of the es- the local level, they support the ecumenical Mr. SCHAFFER. Mr. Speaker, as most tate gift tax exclusion—in fact each year we council, assist in the local schools, lend a Americans know, Members of Congress are were able to give to our daughters a total of helping hand to senior citizens, and provide frequently successful in attaching extraneous $40,000. college scholarships to help local students pay pieces of reauthorizing legislation to appropria- From December 1986 to December 1987, the for college. tions bills. These attachments are called ``rid- consumer price inflation rose from 109.6 to I have a great appreciation for what this ers.'' These are last-minute attempts to pass 113.3 or a little more than 3.6%. If both the group has done to benefit the Shrewsbury legislative language that typically has not been gift and estate exclusions had been adjusted community and I am especially proud of their subject to the standard deliberative process in for this 3.6% inflation increase, we could accomplishments. Mr. Speaker, I ask that this committee and on the floor of the House. The have transferred an additional $50,840 to our House join me and the members of Shrews- FY 2001 Labor, Health, and Human Services children tax free. This is only a part of the bury Community Services in congratulating the Appropriations bill is no exception. additional benefits our family could have Shrewsbury Rotary Club on receiving this This appropriations bill contains a rider that been entitled to. Any of the earnings on the prestigious award. could potentially have a negative impact on $50,840 would have been excluded from our es- f many of the 21 counties I represent in the 4th tate. If we assume a 10% annual growth rate District of Colorado. It could adversely affect from 1988 to the present, over $159,000 would IN HONOR OF DR. CLAIRE A. VAN safety on Colorado Interstate 25, and would have been excluded. UMMERSON’S SERVICES TO go against a fundamental position the Colo- If we use these same assumptions and re- CLEVELAND STATE UNIVERSITY rado Department of Transportation has con- calculate each year the impact that these sistently held firm. Termed the ``Ports-to-Plains hidden estate tax increases have on our es- HON. DENNIS J. KUCINICH Corridor,'' this route is part of the national plan tate, my family should have been entitled to OF OHIO to facilitate transportation of goods from Mex- a total exclusion of more than $8.8 million. IN THE HOUSE OF REPRESENTATIVES ico to the central West. The end result is that the estate will pay The Ports-to-Plains Corridor was given a over $4,840,000 more in estate taxes! Tuesday, November 14, 2000 designation as a high priority corridor in the The reality is that Congress has inten- Mr. KUCINICH. Mr. Speaker, I rise today to Transportation Equity Act for the 21st Century tionally allowed the annual increases to take honor of Dr. Claire A. Van Ummerson's out- Act of 1998. The language designates, ``the place under their current theory of ‘‘the rich standing dedication to serving the higher edu- Ports-to-Plains Corridor from the Mexican Bor- are too rich’’. To avoid the wrath that they cational needs of the Cleveland area. der via I±27 to Denver, Colorado.'' It is my un- would have faced if the tax increases had Claire A. Van Ummerson, Cleveland State derstanding Members of Congress and Sen- been legislated, they have avoided account- University president since 1993, will leave the ators from Texas, New Mexico, and Colorado ability by allowing inflation to do their dirty school by the end of June to take up a new negotiated a plan to attach language into the work. position on the American Council on Edu- Fiscal Year 2001 Labor, Health, and Human The failure to adjust exemptions like the cation in Washington, DC. She has a long and Services Appropriations bill designating the estate and gift tax exclusions is nothing but prestigious career in the field of higher edu- Ports-to-Plains Corridor route from Laredo, a hidden tax increase! I believe as a result of cation. From 1986 through to 1992, Dr. Van Texas, to Dumas, Texas. It is also my under- these increases that it is more than appro- Ummerson served as chancellor of the Univer- standing proponents of this route designation priate for Congress to redress this injustice sity System of New Hampshire. She has also have previously attempted but failed to attach by making significant changes in the estate been associated with the University of Massa- this language to the FY 2001 Transportation and gift tax exclusions. chusetts in Boston for many years in a variety Appropriation bill and the FY 2001 District of of roles, including associate vice chancellor for Columbia Appropriation bill. Unfortunately, I apologize for this long letter but some adjustments must be made to help this horrible Academic Affairs. there are many problems with this truncated situation. Dr. Van Ummerson's philosophy which is designation. based on partnerships has been instrumental Mr. Speaker, in Colorado's Fourth Congres- With warm regards, I am in ensuring progress at Cleveland State Uni- sional District, city officials, county officials, Yours very truly, versity. She advocates working with school and constituents in Baca, Prowers, Kiowa, JOHN MONROE J. HOLLIDAY. systems, other universities, research institutes Cheyenne, Lincoln, Kit Carson, Elbert,

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.010 pfrm04 PsN: E14PT1 E2096 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2000 Arapahoe, Adams, Washington, Yuma, Mor- Mr. Speaker, this is not the only highway STATE OF COLORADO, gan, Logan, Phillips, and Sedgwick counties study being conducted regarding the Ports-to- DEPARTMENT OF TRANSPORTATION, have been in close contact with me since Plains Trade Corridor. The Colorado Depart- Denver, CO, May 9, 2000. 1998 as we planned, along with state and fed- Hon. ROBERT SCHAFFER, ment of Transportation (CDOT) will soon con- U.S. House of Representatives, Cannon House eral offices, where the Port-to-Plains corridor duct its own study entitled ``The Eastern Colo- Office Building, Washington, DC. would run through these eastern plains coun- rado Mobility Study.'' According to CDOT, the ties of Colorado. The economy on the eastern DEAR CONGRESSMAN SCHAFFER: CDOT is ``purpose is to identify the feasibility of improv- very interested in the Borders and Corridors plains of Colorado, heavily dependent upon ing existing and/or building possible future Program for Colorado and certainly would farming, ranching, and businesses associated transportation corridors and inter-modal termi- like to have a designation. However, there with agriculture, is struggling as the farm nals in eastern Colorado that will enhance the are several north-south corridors in eastern economy across the nation currently is. Obvi- mobility of freight services within and through Colorado under consideration. It is difficult ously, the Ports-to-Plains Trade Corridor eastern Colorado.'' While the Eastern Colo- to determine at this time which corridor would aid in the rejuvenation of this struggling rado Mobility Study will be a comprehensive would best serve the interests of the people agricultural economy as more commerce study, it will incorporate the Ports-to-Plains of Colorado as well as appropriate connec- tions with neighboring states. The Transpor- would be moving through the area, thereby Trade Corridor. According to the Project Man- creating opportunity for new business and jobs tation Commission needs to make a policy ager at CDOT, it has selected a consulting decision on this issue before proceeding with on the America's high plains. team, but the contract has not even been fi- Mr. Speaker, I am concerned there is a any official designation. CDOT is initiating a nalized. Mr. Speaker, again, why designate Feasibility Study to determine the best cor- strong possibility the Ports-to-Plains Corridor even a portion of a major trade corridor when ridor for the state and provide a connecting could bypass eastern Colorado by proceeding the studies designed to plan the corridor have corridor from the Texas Ports to Plains northwest from Dumas, Texas, through New not even begun? For the RECORD, I will submit Transportation Corridor to the Heartland Mexico, and onto Interstate 25. Should pro- with these remarks a letter from the Executive Express Corridor. This effort will be under- ponents of the rider be successful in attaching way later this year. the language to the FY 2001 Labor, Health, Director of the Colorado Department of Trans- portation requesting no specific highway seg- Therefore, we would request that no spe- and Human Services Appropriation bill, there cific highway segments in Colorado be des- is a good chance eastern Colorado would not ments in Colorado be designated. The rider ignated until the Feasibility Study has been be included in the Ports-to-Plains Trade Cor- designating the specific route through Texas completed. ridor. Obviously, I cannot vote for a bill pos- most likely will have an effect upon Colorado, Sincerely, sibly allowing a tremendous economic plan for so in order to uphold the wishes of the State THOMAS E. NORTON, so many of the constituents I represent to slip of Colorado, I cannot condone a premature Executive Director. away. specific designation. There are other problems with this pre- There is another matter at stake which po- From: Cavaliere, Dianne mature designation. The four affected States, tentially supersedes all others, and this is the Sent: Friday, January 21, 2000 Colorado, Texas, New Mexico, and Oklahoma, issue of safety. The Colorado Department of To: Phillips, Joel are participating in a federally funded highway Transportation has consistently and strongly Subject: Ports to Plains Resolution study entitled the Ports-to-Plains Corridor Fea- opposed a route designation which would re- Resolution Number TC–798 sibility Study. The study is being conducted by sult in heavier traffic on Interstate 25. CDOT Whereas, Ports to Plains was identified in independent consulting firm Wilbur Smith As- opposes more truck traffic on I±25, particularly sociates. The Texas Department of Transpor- TEA 21 as a ‘‘High Priority Corridor’’ in the between the congested I±25 segment of ‘‘Borders and Corridors’’ Program; and tation initially contracted Wilbur Smith Associ- Pueblo and Fort Collins. Mr. Speaker, I hereby ates to conduct the study which was funded Whereas, CDOT supports this program as a submit Colorado Resolution TC±798 for the long term corridor optimization program for by the Federal Highway Administration RECORD, crafted by the Colorado Department trade and commerce pursuant to NAFTA; (FHWA). The Colorado, Texas, New Mexico, of Transportation, detailing CDOT's specific and and Oklahoma departments of transportation position on this safety issue. Again, there is no Whereas, the Ports to Plains program coin- sit on the Ports-to-Plains Feasibility Study way I can vote for the Fiscal Year 2001 Labor, cides with the Transportation Commission’s Steering Committee so as to maximize com- Health, and Human Services Appropriations policy for Management of the Transpor- munication and opportunities between the four bill when it contains a provision that would tation System by ensuring partnership with states. cause a severe safety hazard along the most local governments, as well as other states, in According to Wilbur Smith Associates, the congested interstate and contradict the Colo- order to facilitate the movement of people, goods, information and services; and purpose of the study is to ``to determine the rado Department of Transportation's adamant feasibility of highway improvements between position. Whereas, CDOT is committed diverting Denver, Colorado and the Texas/Mexico bor- traffic from congested segments of I–25 der, via existing IH 27 corridor between Ama- Additionally, Mr. Speaker, I understand through infrastructure improvement in east- rillo and Lubbock, Texas.'' Wilbur Smith Asso- there is language regarding the Ports-to-Plains ern Colorado and views the Ports to Plains ciates has diligently kept the public informed Corridor mandating the Federal Highway Ad- program as an opportunity to pursue such goals. by public meetings. ``Two series of public ministration (FHWA) submit a route rec- meetings will be conducted for this project. ommendation to the House and Senate Com- Now, therefore, be it resolved that CDOT . . . The second series of public meetings to mittees on Appropriations, the Senate Environ- supports the Ports to Plains Feasibility Study (sponsored by TxDOT) and the pursuit be held around mid-January 2001 will present ment and Public Works Committee, and the House Transportation and Infrastructure Com- of Federal discretionary funding for Ports to findings of the detailed evaluation of alter- Plains through the ‘‘Borders and Corridors’’ natives,'' according to Wilbur Smith Associ- mittee should Colorado, Texas, Oklahoma, program. ates. The Transportation Subcommittee on and New Mexico not reach a unified consensus by September 30, 2001. While I under- Appropriations crafted the Ports-to-Plains Cor- f ridor project around the dates of this feasibility stand obtaining route consensus between the so as to allow the state departments of trans- involved states is an arduous task, I believe PERSONAL EXPLANATION portation ample time to make a recommenda- the September 30, 2001 deadline will be dif- tion to their elected federal officials. ficult to achieve considering the magnitude of Wilbur Smith Associates informs me the tar- the Ports-to-Plains Trade Corridor. Further- HON. JULIA CARSON get completion for the draft report is March more, I am concerned the FHWA's decision OF INDIANA 2001, while the target completion date of the might not be the most appropriate one, and final report is April or May 2001. Mr. Speaker, possibly would go against the relevant state IN THE HOUSE OF REPRESENTATIVES why proceed with route designations before departments of transportation studies and Tuesday, November 14, 2000 the study to determine the best route is com- agreements. Highway planning should be de- pleted? I would encourage the Congress to termined by local governments and state de- Ms. CARSON. Mr. Speaker, I was unavoid- slow down and allow Wilbur Smith Associates partments of transportation, not dictated by a ably absent yesterday, Monday, November 13, to complete this federally funded highway few. Mr. Speaker, It would be most prudent for 2000, and as a result, missed rollcall votes study before the federal government is al- Congress to withdraw this unwarranted rider 595 through 596. Had I been present, I would lowed to supersede local and state authority, included in the FY 2001 Labor, Health and have voted ``nay'' on rollcall vote 595, ``yea'' and preclude suitable public input. Human Services Appropriation bill. on rollcall vote 596.

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.013 pfrm04 PsN: E14PT1 November 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2097 THE LIFE OF CONGRESSMAN RECOGNITION OF STAFF SER- State of Ohio. His efforts in this area have SIDNEY YATES GEANT GEORGE K. GANNAM FOR dramatically advanced the need for tort re- BEING AWARDED A PURPLE form. Another important focus of Representa- HON. DANNY K. DAVIS HEART FOR HIS SERVICE IN tive Buchy's work has been in the area of agri- OF ILLINOIS WORLD WAR II culture. He represents one of the most pro- IN THE HOUSE OF REPRESENTATIVES ductive agricultural districts in the State of Ohio. He has championed legislation that Tuesday, November 14, 2000 HON. JACK KINGSTON streamlines farmer's responsibilities while bal- OF GEORGIA Mr. DAVIS of Illinois. Mr. Speaker, good ancing the need to protect our environment. morning. Today we gather with one accord to IN THE HOUSE OF REPRESENTATIVES In eighteen years of service, Representative pay respect to the memory of our colleague Tuesday, November 14, 2000 Buchy has received countless awards and rec- Sid Yates. Public servant, staunch advocate of Mr. KINGSTON. Mr. Speaker, today I recog- ognition from various organizations. He has freedom of expression, leader, father, and nize a great American hero, from my district received numerous honors from the United friend, Mr. Yates' life is a true testament of the Savannah, GA, George K. Gannam, for being Conservatives of Ohio, the Golden Feather greatness one can achieve in this country awarded a purple heart for his service in Award from the Ohio Poultry Association, and when he has a good heart and character, a fo- World War II. We should all stand up and ap- the Outstanding Service Award in support of cused mind, and a determination to succeed. plaud Mr. Gannam for his dedication and serv- Vocational Education. Additionally, he has Mr. Yates has never been a stranger to the ice to our country. He was a brave and heroic been honored by the National Federation of ethic of hard work and leadership. Born in Chi- man and deserves to be recognized as such. Independent Business as a Guardian of Small cago at the beginning of the 20th Century, Mr. Gannam was killed in the Japanese at- Business and has received the Ronald Sidney Yates learned at an early age how to tack on Hickam Field on December 7, 1941. Reagan Excellence in Government Award. I would also like to recognize his wife, Shar- grapple with and overcome the trappings of He was the first person from Chatham County adversity. Equipped with an arsenal of cour- on, and their two children, John and Kathryn, to die in World War II. An eye witness reports for supporting Representative Buchy's efforts age, he has conquered the lion's share of that Mr. Gannam received mortal wounds lows with true fighting spirit and has emerged in the Ohio House of Representatives. while assisting other airmen to remove air- Mr. Speaker, Representative Jim Buchy is victoriously. Losing both parents by the age of planes from a burning hangar during the five, Mr. Yates was left with the responsibility an asset to the State of Ohio and to his con- height of the attack. Medical records indicate stituents. I ask my colleagues of the 106th of raising his younger sister and his little that Mr. Gannam died of multiple shrapnel and brother. In order to provide for his siblings, Mr. Congress to join me in commending him for machine gun bullet wounds. As a result of his his eighteen years of service and to wish him Yates worked as a carpenter for most of his heroic actions he was awarded a purple heart. childhood. At a time when most children are the best in all of his future endeavors. The American Legion Post #184 in Thunder- f afforded the opportunity to hope, dream, play, bolt, GA was named after him. This is a great and learn, Mr. Yates was forced to think in recognition and will help keep his name alive HONORING DR. MARCIA POSNER real terms. As a young provider, he was for years to come. AND PHYLLIS AND STANLEY forced to make decisions that had an imme- Mr. Gannam's presence and dedication to SANDERS diate impact on the lives of his loved-ones. As our country helped insure the freedom we a champion, Mr. Yates accepted his role with- enjoy today. His unselfish acts made a dif- HON. CAROLYN McCARTHY out reservations. ference to the families of each person he OF NEW YORK His role as leader eventually extended be- helped. America's military has always served IN THE HOUSE OF REPRESENTATIVES yond his immediate family as he began a life with pride meeting the challenges necessary Tuesday, November 14, 2000 of community service and public advocacy. He to maintain our national security, to protect Mrs. MCCARTHY of New York. Mr. Speak- held numerous posts and positions on the American interests at home and abroad, and local and state level. However, it was an upset er, today I commend the outstanding service to guarantee our freedoms and way of life, of Dr. Marcia Posner and Phyllis and Stanley victory in 1948 that brought Mr. Yates to Cap- and Americans owe them a great deal. itol Hill as a Representative of the 9th District Sanders as they are honored by the Holocaust Please join me again in applauding Mr. Memorial and Educational Center of Nassau of Illinois. Gannam. The dedication of this brave man As Congressman, Mr. Yates proved to be a County. helped shape our history. Without him our capable and effective leader. Not only was he For the past eight years, the Holocaust Me- country's history would be different. Our soci- successful in responding to the needs of his morial and Educational Center for Nassau ety needs more people like him who unself- diverse constituencyÐborn the son of Lithua- County has honored citizens who make self- ishly dedicate and give their lives as they fight nian ImmigrantsÐYates understood the impor- less contributions of time and effort, not only for freedom for our country. This man was a tance of pushing the envelope and entertained to the Jewish community, but to the commu- very brave person and deserves to be recog- innovative ideas and progressive policies that nity at large. This year, they chose three won- nized as an American Hero. I am pleased to widened the scope to explore the unknown. derfully committed and inspiring individuals. ONGRES- Mr. Yates' record of public service has left submit a tribute of his life in the C Dr. Marcia Posner works as a librarian and SIONAL RECORD. an indelible mark of greatness. His efforts administrator at the Holocaust Memorial and have led to many historic victories. He has f Educational Center. Through her tireless work ethic she developed a library containing over been a patron and protector of the ArtsÐAs IN RECOGNITION OF STATE REP- Langston Hughes would say, life for Sid Yates 3,000 volumes and tapes, amassing a wealth RESENTATIVE JIM BUCHY FOR of resources about the Holocaust. As Vice ``ain't been no crystal stair. It's had a lot of HIS SERVICE TO OHIO cracks and holes in it; but he held on to his President of Programming, Dr. Posner is re- dreams for he knew that if dreams die, life be- sponsible for the development and execution comes like a broken winged bird that cannot HON. PAUL E. GILLMOR of a large number of the programs, making the fly.'' Yes, Sid Yates continued to dream and OF OHIO Center a pillar in the Long Island community. Phyllis and Stanley Sanders exhibited ex- continued to soar until his last days. IN THE HOUSE OF REPRESENTATIVES ceptional leadership bringing success and Thank You Sid! Tuesday, November 14, 2000 benefits to countless organizations. Over the f Mr. GILLMOR. Mr. Speaker, I wish today to years, Phyllis and Stanley, often referred to as PERSONAL EXPLANATION recognize an extraordinary member of the the ``Dynamic Duo,'' committed themselves to Ohio House of Representatives and his out- a variety of causes affecting the Jewish com- HON. ALLEN BOYD standing contribution and dedication to the munity. Together, they are responsible, among State of Ohio. Representative Jim Buchy cur- OF FLORIDA other accomplishments, for education fund- rently serves as Assistant Majority Leader, IN THE HOUSE OF REPRESENTATIVES raising and air-lifting refugees from Russia to representing the 84th House District. Israel. Their inexhaustible and creative efforts Tuesday, November 14, 2000 During Representative Buchy's tenure, he continue to inspire a multitude of organizations Mr. BOYD. Mr. Speaker, I was unavoidably has focused on myriad issues that make him toward achieving higher goals. delayed on rollcall votes 595 and 596. Had I a recognizable name in Ohio politics. Several I applaud the service and commitment of Dr. been present, I would have voted ``nay'' on years ago, Representative Buchy sponsored Marcia Posner and Phyllis and Stanley Saun- both 595 and 596. legislation to reform the tort system in the ders. The Long Island community as a whole

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.017 pfrm04 PsN: E14PT1 E2098 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2000 benefits from the dedication of these individ- politics, remodeling his home, hunting, fishing alleviate hunger in New Mexico have resulted uals. and camping. Of particular interest to Bob was in feeding over 30,000 individuals a year in f the Civil War, as evidenced by his collection of the northern part of my State. Over half of books and memorabilia that filled his den. these individuals are under the age of 18. PATRICK JOSEPH DEVLIN, JR. On Sunday, November 5 of this year, Bob In 1993, a study conducted by Tufts Univer- MAKES HIS MARK ON THE WORLD left us while sitting in his den, on his favorite sity estimated that New Mexico was second chair, while surrounded by his loving wife, chil- only to Mississippi in the percent of citizens HON. BOB ETHERIDGE dren and grandchildren. that go hungry on a regular basis. This study OF NORTH CAROLINA Mr. Speaker, I ask my colleagues to join initiated conversations between existing hun- IN THE HOUSE OF REPRESENTATIVES with me in paying tribute to Robert D. Stock, ger relief organizations about accessing more food donations to address the increasing need Tuesday, November 14, 2000 honorable citizen of the United States, proud American veteran and patriot, devoted hus- for emergency food. As a result, The Food Mr. ETHERIDGE. Mr. Speaker, I rise today band, father and grandfather. To his devoted Depot was created. Today, the organization to congratulate a member of my staff Mr. Pat- wife Millie, my dear friend and neighbor, I ex- has established community partnerships with rick Devlin and his wife Helen on the birth of tend my sincerest sympathy and pray for over fifty-five non-profit programs with services their first child, Master Patrick Joseph Devlin, God's blessings in abundance upon her and available, but not limited to homeless shelters, Jr. Patrick was born on Saturday, November her family. soup kitchens, low income families, the elder- 11, 2000 and weighed 6 pounds and 14 f ly, the physically/mentally challenged, dis- ounces. Faye joins me in wishing Pat and advantaged children, those recovering from vi- Helen great happiness during this very special STATEWIDE HONORS GIVEN TO olence, and the homebound due to illness. time in their lives. LEXINGTON, MISSOURI I must pay the Food Depot an overdue com- Incidentally, Helen is a member of my col- pliment on their actions during the devastating league from Kentucky Mr. LEWIS' staff and I HON. IKE SKELTON Cerro Grande fire, which occurred earlier this know he joins me in celebrating this new addi- OF MISSOURI year in my district. This fire left hundreds tion to both of our extended families. IN THE HOUSE OF REPRESENTATIVES homeless, but because of the labor of the As a father of three, I know the immeas- Food Depot, they did not go hungry. The third Tuesday, November 14, 2000 urable pride and rewarding challenge that chil- day of the fire Ms. Torricelli and other staff dren bring into your life. Their innocence Mr. SKELTON. Mr. Speaker, let me take members were up at 3 a.m., exhausted and keeps you young-at-heart. Through their in- this means to congratulate Mayor Tom Hayes trying to unload trucks of food and water do- quiring minds and wide-eyed wonder, they and the residents of Lexington, Missouri, for nations. She asked a television station to show you the world in a fresh, new way and recently being honored by the Missouri De- broadcast an appeal for help. Within 15 min- change your perspective on life. A little mir- partment of Economic Development. utes she had had an additional 20 volunteers. acle, a new baby holds all the potential of Each year, the Missouri Department of Eco- The Food Depot has ensured that I am fully what human beings can achieve. nomic Development acknowledges community informed on issues related to ending hunger. In this vein, I welcome young Patrick into leaders and cities throughout the Show-Me Ms. Torricelli is especially fond of my col- the world and wish Pat and Helen all the best State for their efforts in bolstering local com- league, Representative TONY HALL, who has as they raise him. munity development. The Department's Mis- done so much for the issues of ending poverty f souri Community Betterment program, which and hunger. is the oldest, continuous state-sponsored com- Mr. Speaker, Christina Torricelli is dedicated A TRIBUTE HONORING MR. munity improvement project in the nation, is to improving life and ending hunger for New ROBERT DOYLE STOCK designed to encourage communities to Mexico. I have tremendous respect for her. Al- strengthen development ventures and create though many view Christina's deeds as tran- HON. GRACE F. NAPOLITANO more jobs for Missourians. scendent of human kindness, to her it is just OF CALIFORNIA In 2000, a number of Missouri's towns were a way of life. IN THE HOUSE OF REPRESENTATIVES honored at the 37th Annual Missouri Commu- f Tuesday, November 14, 2000 nity Betterment Conference. One of the mu- nicipalities to receive statewide acclaim is my YATES TRIBUTE Mrs. NAPOLITANO. Mr. Speaker, I rise hometown of Lexington, Missouri, which re- today to pay tribute to a very special American ceived the 2nd place state award in its city HON. JUANITA MILLENDER-McDONALD citizen, Mr. Robert Doyle Stock of Norwalk, category, the 2nd place state award in its cat- OF CALIFORNIA California, who passed away on November 5, egory for Youth Leadership, and the coveted IN THE HOUSE OF REPRESENTATIVES 2000. Mr. Stock, a devoted family man, who designation of ``All Missouri Certified City''. Tuesday, November 14, 2000 led an exemplary life of service to family and Mr. Speaker, I am proud that the people of country, deserves our praise and gratitude. Lexington under the leadership of Mayor Tom Ms. MILLENDER-MCDONALD. Mr. Speaker, Bob Stock was a man of great character. Hayes have worked to improve economic de- the late great Reverend Dr. Martin Luther Born on January 13, 1927 in Mount Pleasant, velopment and ensure employment for those King, Jr. once said, ``Every man must decide Pennsylvania, his family moved to California individuals who reside in Lexington and the if he will walk in the light of creative altruism after the passing of his father, when Bob was surrounding area. I am certain that my col- or the darkness of destructive selfishness. still a child. Once in California, Mr. Stock at- leagues in the House of Representatives will This is the judgment. Life's most urgent and tended Downey Junior High and later moved join me in honoring these fine Americans for persistent question is what are you doing for on to South Gate High School. receiving these well-deserved awards. others?'' If service is the judgment, then heav- In 1944, at the age of seventeen, Mr. Stock f en's gates have greeted the late Congress- joined the United States Marine Corps. He man Sidney R. Yates with open arms. Mr. served as a rifleman in the Baker Assault CHRISTINA TORRICELLI AND THE Yates spent his life tirelessly, shamelessly, Company 1st battalion, 22nd Marines, 6th Di- FOOD DEPOT and unselfishly advocating for others who vision and actively served in the invasion of would have otherwise gone unheard. Our Okinawa towards the end of hostilities in the HON. TOM UDALL country would be a much better place if we all Pacific Theater. OF NEW MEXICO did. On his return stateside, Mr. Stock married IN THE HOUSE OF REPRESENTATIVES Although our nation is a great one, it has Mildred Evelyn Dvorak on June 21, 1947. Bob not . . . because our laws and our statesmen, and Mildred bought their first home in Norwalk Tuesday, November 14, 2000 have not, always served the interests of cer- in 1949, and raised nine children; Becky, Col- Mr. UDALL of New Mexico. Mr. Speaker, I tain persons and certain disciplines very well. leen, Bill, Roberta, Cathy, Susanna, John, rise today to pay tribute to an outstanding indi- However, in his more than sixty years of pub- Richard and Robert. vidual and a friend, Christina Torricelli. I would lic service, Sidney Yates always did. I applaud Mr. Stock was always proud to belong to like to recognize the dedication and hard work him as a protector of the arts, a protector of the Greatest Generation which fought for the rendered by Ms. Torricelli and her staff at the the environment, a protector of children, and a triumph of freedom over tyranny during World Food Depot in Santa Fe, New Mexico. Their protector of civil rights. His advocacy in these War II. A proud Irishman, he enjoyed reading, intense and tireless efforts and commitment to areas has never wavered.

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.021 pfrm04 PsN: E14PT1 November 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2099 I do not merely regard Mr. Yates as a great try together in order to improve the quality of She has received the Ohio Bar Association statesman for what he did, but when he did products and services to the people of Guam. Distinguished Service Award, was inducted what he did. Sidney Yates has often stood up Between 1972 until 1990, GALU leaders David into the Ohio Women's Hall of Fame, received for people when doing so was not only un- Cassidy, Carl Peterson, Charles Paulino, the President's Award for Distinguished Serv- popular, but in many instances, taboo. His ad- Frank Cruz and Evelyn Blas set the course ice from the Ohio Speech and Hearing Asso- vocacy for civil rights predates back to the which the association was to take. Under their ciation, and she is a four time winner of the 1940s, even though the Civil Rights Act was leadership and guidance, GALU survived peri- Watchdog of the Treasury award from the not passed until 1964. As the last of the New ods of economic slumps. Unite Conservatives of Ohio. Additionally, she Deal Democrats and against the persistence In the 1990's, past presidents Ben Toves, has received numerous awards for her work in of an emerging Grand Old Party majority in Frank B. Salas, Jess M. Dela Cruz, and Rob- the area of health care. The Ohio Hospital As- the 1990s, he fought to save, and did save, ert L. Wade Sr., worked toward providing con- sociation, the Ohio Academy of Nursing the National Education Association, the Na- tinuing education for licensed agents. To- Homes, and the County Boards of Mental Re- tional Endowment for the Arts, and the nuclear gether with the Guam Insurance Commis- tardation and Developmental Disabilities each submarine program. Furthermore, his leader- sioner and the University of Guam, GALU have recognized her for distinguished service. ship efforts have saved innumerable national made it possible for LUTC life insurance She received an Honorary Doctorate in Public parks and led to the establishment of the Na- courses to be offered to agents on Guam. Administration from Cleveland State University tional Memorial Holocaust Museum. These are LUTC, the premier provider of sales skills and an Honorary Masters Degree in Anesthe- but a few of his contributions. Perhaps even training for the life and health insurance indus- siology from Case Western Reserve Univer- more intriguing than what he accomplished try, enables local agents to achieve their high- sity. was how he went about his work. est potential through professional skills and Mr. Speaker, Senator Drake is a caring and Although Congressman Yates was a hard leadership development training. effective legislator for the State of Ohio, and worker, he, unlike many of us, was a rather si- GALU's efforts toward the passage of Guam more specifically, for her constituents. I ask lent and modest one. In his close to fifty years Public Law 25±134 further ensured the pro- my colleagues of the 106th Congress to join on Capitol Hill, he never held a press con- motion of professionalism within the island's me in commending her for her seventeen ference. He never even had a press secretary. insurance industry. The law which requires 15 years of service and to wish her all the best He conducted his affairs and gained the trust classroom hours per year for license renewal in her future endeavors. and respect of his constituents the old-fash- ensures that members remain in compliance f ioned way. He earned it one act and one with the rules and regulations of the insurance handshake at a time. industry. In addition, personal enrichment CARSON COMMENDS THE Although Sidney goes down as a member of among agents is also fostered by these an- EINHORNS FOR CIVIC VIRTUE Congress who served for the longest period of nual sessions. `Ìnsurance Week'' culminates with an induc- time, serving twenty-four full terms, his status HON. JULIA CARSON tion ball to be held on November 17. At this when leaving the House in 1998 did not reflect OF INDIANA point, I would like to take this opportunity to that. His service record was interrupted in IN THE HOUSE OF REPRESENTATIVES congratulate GALU's 2000±2001 Executive Of- 1962 when he ran for a seat in the United ficers: Fred Magdalera, President; Bobby Tuesday, November 14, 2000 States Senate for which he was unsuccessful. Shringi, Vice President; Lourdes CN Ada, Sec- Although he won his U.S. House of Rep- Ms. CARSON. Mr. Speaker, I am privileged retary; Danilo S. Cruz, Treasurer; and the resentatives seat back in 1964, but for his lack to commend to the nation two distinguished Board of Directors: Mercy Alegre, Jess Dela of continuity, he ranked 27th on the House citizens of Indianapolis, Claudette and Dr. Cruz, Thad Jones, James Moylan, Patrick Appropriations Committee when he otherwise Lawrence Einhorn. On Sunday, November 19, Matanane, John Baza and Roger Surban. I would have been chairman. Although frus- 2000, they are to be especially honored at the am sure that these officers will more than trated, as any of us would be, his manner of Indianapolis-Israel Dinner of State in Indiana's meet the challenge of operating in a rapidly working and dedication to the betterment of 10th Congressional District. changing environment. As they take upon the life for America's citizens never faltered. A These true friends of the city have lived responsibilities of their respective posts, I wish well-deserved honor, in 1993, toward the end their lives as models of civic virtue for all to these individuals the best for their ensuing of his career, President Clinton bestowed the emulate. Claudette taught school and worked terms. As we celebrate `Ìnsurance Week,'' I Presidential Citizens Medal of Honor on Con- as a social worker before undertaking the commend the Guam Association of Life Un- gressman Yates for his efforts on behalf of the challenge of motherhood, then operated her derwriters for the excellent service it has pro- arts and humanities. own small business. She has actively engaged Mr. Yates' belief has always been ``[e]very vided the island and people of Guam. with the work of Gleaner's Food Bank, the civilization throughout history, you know, has f Dayspring Center Family Shelter, Meridian Street Co-Op, Dialogue Today, Arts Indiana, been judged not by its military conquests but IN RECOGNITION OF STATE SEN- the Indianapolis Public School Education by its civilized achievements.'' He lived his life ATOR GRACE DRAKE FOR HER Foundation, and Common Cause and many with this quote as his guide. Let it guide our SERVICE TO OHIO lives. As we bid farewell to the great Sidney other charitable and community organizations. Yates, may his spirit of service to every Amer- She has served well the Jewish Community HON. PAUL E. GILLMOR Center, the Jewish Community Relations ican forever live in all of us. OF OHIO f Council, the Jewish Federation of Greater Indi- IN THE HOUSE OF REPRESENTATIVES anapolis, the National Council of Jewish GUAM INSURANCE WEEK Tuesday, November 14, 2000 Women and Congressional Beth El Zedeck. Mr. GILLMOR. Mr. Speaker, I wish today to Dr. Einhorn, Distinguished Professor of HON. ROBERT A. UNDERWOOD recognize an extraordinary member of the Medicine at Indiana University and former OF GUAM Ohio Senate for her outstanding contribution President of the American Society of Clinical IN THE HOUSE OF REPRESENTATIVES and dedication to the State of Ohio. Senator Oncology, is especially renowned as a col- Grace Drake currently serves as a Senator laborator in the development of the Einhorn Tuesday, November 14, 2000 from Ohio's 22nd Senatorial district, which in- Regimen, instrumental in vast reductions in Mr. UNDERWOOD. Mr. Speaker, the gov- cludes a portion of Cuyahoga County and all the mortality rate for advanced testicular can- ernor of Guam has designated the week of of Medina and Wayne counties. cer. He has been honored with the Claude November 12±18, 2000 as `Ìnsurance Week.'' As Chairperson of the Senate Health Com- Jacquillat Award, the University of Utah Cart- The focus of this proclamation is the Guam mittee since 1989, she has received countless wright Award, the Dartmouth University Kaner Association of Life Underwriters (GALU), a ter- awards for her work to ensure access to high Award, the University of Nebraska Carol Bell ritorial chapter of the National Association of quality, affordable health care for all Ohioans. Cancer Award and has been named an Hon- Insurance and Financial Advisors (NAIFA). She was also instrumental in the overhaul of orary Citizen of Paris. Chartered in 1972, the GALU is currently Ohio's domestic relations laws, working to en- Individually and together, the Einhorns per- comprised of licensed general agents and sure that a child's needs are considered the sonify the best traditions of service to the larg- subagents of the life insurance industry on the top priority when determining custody. er world. I ask, Mr. Speaker, that you and my island of Guam. At the very onset of its incep- Senator Drake has received awards and other distinguished colleagues join me in com- tion, GALU worked toward bringing the indus- commendations from a wide variety of groups. mending each of the Einhorns for their lives of

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.026 pfrm04 PsN: E14PT1 E2100 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2000 service to Indianapolis, to the Tenth Congres- sinceÐbound the living to the dead in com- world that Franklin D. Roosevelt led a coali- sional District, to the nation and to the world. mon purpose and in service to freedom, and tion of conscience against those who would f to life.'' exterminate whole races and put the soul itself in bondage. This World War II Monument, which dem- Today we revere Washington for breathing WORLD WAR II MEMORIAL onstrates America's dedication to the defense GROUNDBREAKING life into the American experiment—Jefferson of liberty and freedom, will stand in the com- for articulating our democratic creed—Lin- pany of the monuments to Washington and coln for the high and holy work of aboli- HON. BENJAMIN A. GILMAN Lincoln, its counterparts for the 18th and 19th tion—and Roosevelt for upholding popular OF NEW YORK centuries, respectively. This World War II government at home and abroad. But it isn’t IN THE HOUSE OF REPRESENTATIVES Monument is also a tribute to the millions of only Presidents who make history, or help Americans who worked for victory in the war realize the promise of democracy. Unfettered Tuesday, November 14, 2000 by ancient hatreds, America’s founders effort on the home front. raised a lofty standard—admittedly too high Mr. GILMAN. Mr. Speaker, I rise to com- Mr. Speaker, I submit the full statements of ment on an important event which took place for their own generation to attain—yet a Senator Dole and Representative KAPTUR at continuing source of inspiration to their de- last weekend in Washington. This past Satur- this point in the RECORD: scendants, for who America is nothing if not day, I joined President Bill Clinton, Secretary SENATOR BOB DOLE, WORLD WAR II MEMORIAL a work in progress. of Defense William Cohen, former Joint Chiefs If the overriding struggle of the 18th cen- GROUNDBREAKING, THE MALL, NOVEMBER 11, of Staff Chairman Colin Powell, former Sen- 2000 tury was to establish popular government in ator Bob Dole, motion picture actor Tom an era of divine right; if the moral impera- Thank you very much. Mr. President, Tom, tive of the 19th century was to abolish slav- Hanks, and more than 10,000 World War II and Fred, and our countless supporters and veterans and their families for the ery; then in the 20th century it fell to mil- other guests. I am honored to stand here as lions of citizen-soldiers—and millions more groundbreaking ceremonies for the new World a representative of the more than 16 million on the home front, men and women—to pre- War II Memorial in the Nation's Capital. men and women who served in World War II. serve democratic freedoms at a time when The official groundbreaking ceremony took God bless you all. murderous dictators threatened their very It has been said that ‘‘to be young is to sit place at a 7.4 acre site on the Mall, halfway existence. Their service deserves commemo- under the shade of trees you did not plant; to between the Washington Monument and the ration here, because they wrote an imperish- be mature is to plant trees under the shade able chapter in the liberation of mankind— Lincoln Memorial. The site for the Memorial of which you will not sit.’’ Our generation even as their Nation accepted the respon- had been previously dedicated on veterans has gone from the shade to the shadows so day in 1995, with construction on the memorial sibilities that came with global leadership. some ask, why now—55 years after the peace So I repeat: What makes this hallowed expected to be finished by Memorial Day treaty ending World War II was signed ground? Not the marble columns and bronze 2003. aboard the USS Missouri—there is a simple statutes that frame the mall. No—what sanc- As one of eleven World War II veterans who answer: because in another 55 years there tifies this place is the blood of patriots are current members of the House, I was won’t be anyone around to bear witness to across three centuries. And our own uncom- pleased to be able to participate in this cere- our part in history’s greatest conflict. promising insistence that America honor her For some, inevitably, this memorial will mony. promises of individual opportunity and uni- be a place to mourn. For millions of others, versal justice. This is the golden thread that World War II was not only the defining event it will be a place to learn, to reflect, and to of our generation, it was the most significant runs throughout the tapestry of our nation- draw inspiration for whatever tests confront hood—the dignity of every life, the possi- event in the history of the world. This World generations yet unborn. As one of many here bility of every mind, the divinity of every War II Memorial is long overdue. It is impor- today who bears battle scars, I can never for- soul. This is what my generation fought for tant that it is completed while many of us who get the losses suffered by the greatest gen- on distant fields of battle, in the air above participated in the hostilities remain as wit- eration. But I prefer to dwell on the victories and on remote seas. This is the lesson we nesses. we gained. For ours was more than a war have to impart. This is the place to impart against hated tyrannies that scarred the The ground-breaking ceremony was made it. Learn this, and the trees planted by to- twentieth century with their crimes against day’s old men—let’s say mature men and possible after the National World War II Me- humanity. It was, in a very real sense, a cru- morial Foundation successfully raised an esti- women—will bear precious fruit. And we may sade for everything that makes life worth yet break ground on the last war memorial. mated $130 million needed for construction of living. Thank you all and God bless the United the memorial. The funds were raised entirely Over the years I’ve attended many a re- States of America. from private donations from corporations, vet- union, and listened to many a war story— erans organizations, school groups, and indi- even told a few myself. And we have about REMARKS BY THE HONORABLE MARCY KAPTUR viduals. This fundraising campaign was led by reached a time where there are few around to contradict what we say. All the more reason, (OHIO), WORLD WAR II MEMORIAL former Senator Dole and Frederick W. Smith, then, for the war’s survivors, and its widows GROUNDBREAKING CEREMONY, NOVEMBER 11, chief executive officer of the Federal Express and orphans, to gather here, in democracy’s 2000 Company. front yard to place the Second World War We, the children of freedom, on this first ``We have reached a time,'' stated Senator within the larger story of America. After Veterans’ Day of the new century, gather to Dole, ``where there are few around to con- today it belongs where our dwindling ranks offer highest tribute, long overdue, and our tradict what we World War II veterans say. All will soon belong—to the history books. everlasting respect and gratitude to Ameri- the more reason for the war's survivors, wid- Some ask why this memorial should rise in cans of the 20th century whose valor and sac- ows and orphans to gather here, in Democ- the majestic company of Washington, Jeffer- rifice yielded the modern triumph of liberty son, Lincoln, and Roosevelt. They remind us over tyranny. racy's front yard, to place the Second World that the mall is hallowed ground. And so it This is a long-anticipated day. It was 1987 War within the larger story of America. After is. when this Memorial was first conceived. As today, it belongs where our dwindling ranks But what makes it hallowed? Is it the many have said, it has taken longer to build will soon belongÐin the history books.'' monuments that sanctify the vista before the Memorial than it took to fight the war. When completed, this World War II Memo- us—or is it the democratic faith reflected in Today, with the support of our veterans serv- rial will stand as a permanent tribute to vet- those monuments? It is a faith older than ice organizations and a small but deter- erans of both the European and Pacific Thea- America, a love of liberty that each genera- mined, bipartisan group in Congress, the Me- ters, as well as the dedication of the United tion must define and sometimes defend in its morial is a reality. I do not have the time to own way. mention all the Members of Congress who de- States to the defense of freedom and liberty in It was to justify this idea that Washington serve to be thanked for their contributions the 20th century. donned a soldier’s uniform and later reluc- to this cause, but two Members in particular The original idea for the World War II Me- tantly agreed to serve as first President of must be recognized. Rep. Sonny Mont- morial originated with Representative MARCY the Nation he conceived. It was to broadcast gomery, now retired, a true champion of vet- KAPTUR who introduced legislation establishing this idea that Jefferson wrote the Declara- erans in the House, and Senator Strom Thur- the memorial in 1987 after a constituent point- tion of Independence, and later as President, mond, our unfailing advocate in the Senate. ed out to her that no such memorial had been doubled the size of the United States so that At the end of World War I, the French poet it might become a true Empire of Liberty. It dedicated up until that point. Guillaume Apollinaire declaring himself was to vindicate this idea that Abraham Lin- ‘‘against forgetting’’ wrote of his fallen com- In her remarks, Congresswoman KAPTUR coln came out of Illinois to wage a bloody rades: ‘‘You asked neither for glory nor for (Ohio) stated: ``individual acts by ordinary men yet tragically necessary Civil War purging tears. All you did was simply take up arms.’’ and women in an extraordinary time bound the strain of slavery from freedom’s soil. Five years ago, at the close of the 50th an- our country together as it has not been And it was to defend this idea around the niversary ceremonies for World War II,

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.029 pfrm04 PsN: E14PT1 November 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2101 Americans consecrated this ground with soil histories and in family stories, still when fu- lab. She wouldn't let go of his hand while they from the resting places of those who served ture generations journey to this holy place, stood together for several minutes. and died on all fronts. We, too, declared our- America will not forget. That, he says, made it all worthwhile. So, selves against forgetting. We pledged then f that America would honor and remember while we enjoy our comforts here today, I ask my colleagues to join me in commending this their selfless devotion on this Mall that com- HONORING JOAQUIN LEGARRETA memorates democracy’s march. brave and unique patriot on the occasion of Apollinaire’s words resonated again as E.B. his retirement. I also thank his wife, Lupita, Sledge reflected on the moment the Second HON. SOLOMON P. ORTIZ and their children, Lorena, Veronica, and World War ended: ‘‘. . . sitting in a stunned OF TEXAS Claudia, for sharing their husband and father silence, we remembered our dead . . . so IN THE HOUSE OF REPRESENTATIVES with our nation. many dead. . . . Except for a few widely scat- f tered shouts of joy, the survivors of the Tuesday, November 14, 2000 abyss sat hollow-eyed, trying to comprehend Mr. ORTIZ. Mr. Speaker, I rise today to pay INTRODUCTION OF A RESOLUTION a world without war.’’ Yes. Individual acts by ordinary men and tribute to a unique American who has served OF INQUIRY women in an extraordinary time—one ex- our nation with distinction and honor, Joaquin hausting skirmish, one determined attack, Legarreta, the Drug Enforcement Agency Dep- HON. DAVID E. PRICE one valiant act of heroism, one dogged deter- uty Attache for the United States in Mexico. OF NORTH CAROLINA mination to give your all, one heroic act Mr. Legarreta has served the United States after another—by the thousands—by the mil- for 30 years in one of the most dangerous IN THE HOUSE OF REPRESENTATIVES lions—bound our country together as it has jobs we ask our public servants to do, to stand Tuesday, November 14, 2000 not been since, bound the living to the dead and fight on the front lines of our drug war, in common purpose and in service to free- Mr. PRICE of North Carolina. Mr. Speaker, dom, and to life. one of the great domestic and international I rise to introduce a Resolution of Inquiry to As a Marine wrote about his company, ‘‘I policing challenges of the 20th Century, one have the President direct the Archivist of the cannot say too much for the men . . . I have already following us into the 21st Century. United States, the official of the United States seen a spirit of brotherhood . . . that goes Thanks to men like Joaquin Legarreta, the Government responsible for coordinating the with one foot here amid the friends we see, United States is safer; but he would be the functions of the Electoral College, to provide and the other foot there amid the friends we first to tell you that the task of his agency is the House of Representatives with full and see no longer, and one foot is as steady as not yet finished. the other.’’ complete information about the preparations Today we break ground. It is only fitting He began his service to our country in 1970 that have been made for the various states to that the event that reshaped the modern with the Bureau of Narcotics and Dangerous carry out the functions of the Electoral College world in the 20th century and marked our Drugs, the precursor to today's DEA (the DEA this year. nation’s emergency from the chrysalis of iso- was formed in 1973). His star was already on It is not widely known that the House of lationism as the leader of the free world be the rise when he won the prestigious Adminis- Representatives and Senate have a critical commemorated on this site. trator's Award in 1980, the award that recog- role in counting the states' electoral ballots for This Memorial honors those still living nizes excellence in agents whose work brings who served abroad and on the home front as President and Vice President of the United well as those we have lost: the nearly 300,000 runners, and those for whom they work, to jus- States. Many know of the ministerial function Americans who died in combat, and those tice. of the joint session that counts the ballots cast among the millions who survived the war but He won the Administrator's Award in 1980 by the electors who are elected in their states. who have since passed away. Among that for the Superfly operation. The DEA caught What is not widely understood is the prece- number I count my inspired constituent the Superfly, a ``mother ship'' from Colombia dent allowing Congress to decide which of two Roger Durbin of Berkey, Ohio, who fought exporting $65,000 pounds of marijuana. A conflicting electoral certificates from a state is bravely with the 101st Armored Division in ``mother ship'' sits in international water and valid. Most important is the constitutional func- the Battle of the Bulge and who, because he distributes its cargo to smaller ships for trans- could not forget, asked me in 1987 why there tion of the Congress to formally object to the was no memorial in our nation’s Capitol to port into the United States. counting of the electoral vote or votes of a commemorate the significance of that era. I After terms of service that took him to major state and, by a majority of both the House and regret that Roger was not able to see this cities across the Southwest, including Hous- Senate, to disallow the counting of a state's day. To help us remember him and his con- ton, Laredo, El Paso, Brownsville and Sac- electoral votes. The House of Representatives tribution to this Memorial, we have with us ramento, Legarreta joined the Intelligence should not take this duty lightly, nor should we today a delegation from his American Le- Center for DEA, stationed, again, a El Paso. approach it unprepared. gion Post and his beloved family, his widow At that point, he began an even more dan- I want to call attention to the 1961 prece- Marian, his son, Peter, and his daughter, Me- gerous line of work, work at which he is ter- lissa, who is a member of the World War II dent when a recount of ballots in Hawaii, Memorial Advisory Board. ribly adept. Today, he is charged with over- which was concluded after the governor of Only poets can attempt to capture the ter- sight of the DEA regional offices all over Mex- that state had certified the election of the Re- ror, the fatigue, and the camaraderie among ico, traveling to them and conducting business publican slate of electors, showed that the soldiers, sailors, airmen, and marines in on our behalf there. Democratic electors had actually prevailed. combat. This is a memorial to their heroic During the course of his service, he has had The governor sent a second communication sacrifice. It is also a memorial for the living numerous contracts put out on his life, a cer- that certified that the Democratic slate of elec- to remember how freedom in the 20th cen- tain indicator that an agent is doing his job tury was preserved for ensuing generations. tors had been lawfully appointed. Both slates Poet Keith Douglas, died in foreign combat above and beyond the call of duty. Once, near of electors met on the day prescribed by law, in 1944 at age 24. In predicting his own death, the border, he was involved in a shootout in cast their votes, and submitted them to the he wrote about what he called time’s wrong- which one of his agents was shot; Legarreta President of the Senate. When the two way telescope, and how he thought it might picked him up, put him in the car and drove Houses met in joint session to count the elec- simplify him as people looked back at him him to the hospital, saving his life. toral votes, the votes of the electors were pre- over the distance of years. ‘‘Through that He recently told a story that should make all lens,’’ he demand, ‘‘see if I seem/substance or sented to the tellers by the Vice President, of us proud. In Sacramento, his team exe- and, by unanimous consent, the Vice Presi- nothing: of the world/deserving mention, or cuted a search warrant on a drug lab. After- charitable oblivion . . .’’ And then he ended dent directed the tellers to accept and count with the request, ‘‘Remember me when I am wards, an agent brought him a woman who the lawfully appointed slate. Thus, the prece- dead/and simplify me when I’m dead.’’ What had asked to talk to whoever was in charge. dent holds that the Congress has the ability to a strange and striking charge that is! Thinking she was upset because flowers had judge competing claims of electors' votes and And yet here today we pledge that as the been trampled or a dog kicked, he was over- to determine which votes are valid. World War II Memorial is built, through the whelmed when she thanked him for her free- simplifying elements of stone, water, and The rejection of a state's electoral vote or dom, and that of her neighbors. votes is provided by 3 U.S.C. § 15. The rel- light. There will be no charitable oblivion. With tears in his eyes, he recanted the story America will not forget. The world will not evant part reads as follows: forget. When we as a people can no longer re- of this small woman with a sweater over her [A]nd no electoral vote or votes from any member the complicated individuals who shoulders who grabbed his hand and said, State which shall have been regularly given walked in freedom’s march—a husband, a sis- ``Thank you for freeing us.'' She told him that by electors whose appointment has been law- ter, a friend, a brother, an uncle, a father— the people in the neighborhood had been pris- fully certified to according to section 6 of when those individuals become simplified in oners in their own homes because of the drug this title from which but one return has been

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.034 pfrm04 PsN: E14PT1 E2102 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2000 received shall be rejected, but the two attention, voting difficulties experienced in my extended down the street. We all were very Houses concurrently may reject the vote or District. proud to have excited the electorate to vote. votes when they agree that such vote or In 1996, there was heavy voter turnout in However, that experience should have alert- votes have not been so regularly given by the Fourth Congressional District. The heavy ed the planners of our elections here of the electors whose appointment has been so cer- need for adequate facilities for voting; appar- tified. turnout was responsible for sending me back ently it did not. to Congress after an unfriendly redistricting The only occasion I am aware of when 3 We worked very hard this year to encour- fight. However, at that time, voters were age all the voters in the district to partici- U.S.C. § 15 was brought into play was Janu- forced to wait for hours in order to cast their ary 6, 1969. The vote of North Carolina was pate in the November 7th election and as a vote. Too many of them had to stand outside consequence, there was once again a strong stated to be 12 for Richard M. Nixon and in the weather because the polling places turnout. Regrettably, the electoral process Spiro T. Agnew and one for George C. Wal- were cramped and too small to accommodate in the Fourth Congressional District was lace and Curtis E. LeMay. Representative the large number of voters who showed up to once again marred by exactly the same James G. O'Hara of Michigan and Senator vote. People were standing outside and in logistical difficulties as were experienced in Edmund S. Muskie of Maine protested the some cases the lines extended down the 1996, only this year they were worse. From counting of the vote of North Carolina for Wal- street. We all were very proud to have excited election day continuing to today, my office and the DeKalb County NAACP have re- lace and LeMay as not ``regularly given.'' the electorate to vote. However, that experi- The joint session then divided, and after the ceived countless phone calls from constitu- ence should have alerted the planners of our ents complained saying that they experi- House and Senate individually debated the elections of the need for adequate facilities for enced excessively long delays in voting, protest for two hours each, as provided by voting; apparently it did not. some having to wait as long as four to five statute, they each voted to dismiss the objec- Regrettably, the electoral process in the hours, and even worse, many said that they tion and the vote for Wallace and LeMay was Fourth Congressional District was once again had left the polling station without having counted. marred by exactly the same logistical difficul- voted at all. These constituents complained The circumstances that challenged the Con- ties as were experienced in 1996, only this that the polling stations were completely gress in 1961 and 1969 were certainly dif- year they were even worse. From election day underprepared for the turnout. There were ferent from those that may come to the Capitol simply too few voting booths, voter lists, and continuing through today, my office has re- elections personnel at the black precincts in doorstep early next year. If there is a single ceived phone calls from constituents saying the Fourth Congressional District. In stark certainty about the election for president in that they experienced excessively long delays contrast, I am told that the polling stations 2000, it is that there is nothing certain. I be- in voting, some having to wait as long as five in the northern precincts of the district, lieve it is in the interest of the members-elect hours, and even worse, many said that they which are majority white, moved quickly ( in of the 107th Congress that the 106th Con- left the polling station without having voted at some cases in as little as 15 minutes) and gress make preparations for whatever may all. In stark contrast, I am told that the polling voters did not experience any where near the come to pass. I propose the first step in prep- stations in the northern precincts of the dis- difficulties experienced by black voters in aration is to pass a formal resolution of in- trict, which are majority white, moved quickly the southern part of the District. quiry, which I have proposed today, to have (in some cases in as little as 15 minutes) and By way of example, constituents com- the President direct the Archivist of the United voters did not experience any where near the plained that at Stone View precinct, there were at least 1200 people standing in line States to provide the House of Representa- difficulties experienced by black voters in the waiting to vote, but election officials con- tives with full and complete information about southern part of the District. I am concerned fided that they could process only approxi- the preparations that agency has coordinated that we might be seeing a new pattern and mately 100 voters an hour and that at that to prepare the Electoral College to complete practice that has black voter suppression as rate voters would be voting until 8:00 a.m. its constitutional function. We will need that in- its intent. the following morning. Hundreds of people formation to know if the functions are faithfully Complaints in my district are rampant, and eventually left the precinct without voting and regularly carried out. I've heard similar complaints from other parts after having waited four to five hours to I also have requested the Congressional of my State. I don't want to place blame on vote. Additionally, we received complaints that constituents waited as long as four to any of the innocent election workers whose Research Service to provide information on five hours in line only to be told when they state laws requiring electors to pledge their task it was to service large numbers of voters finally arrived at the desk that they were at support for their political party's nominees for under severe circumstances. In large meas- the wrong precinct and because of the late- President and Vice President of the United ure, they did an admiral job under the cir- ness of the hour, they were not going to be States. Although there is precedent in the cumstances. But the right to vote in this coun- able to vote at all. House and Senate for accepting the vote of a try is sacrosanct and that right should be pro- Tragically, many of the people waiting in so-called ``faithless elector,'' as cited in the tected. I am calling on the Department of Jus- line to vote were forced to stand for hours in 1969 instance where a North Carolina elector tice to investigate what happened in my dis- the rain with infants and young children. pledged to Nixon voted for Wallace, that was trict because sophisticated black voter sup- One constituent complained that after he a case that did not involve state law requiring pression is still black voter suppression and had waited for hours to get his ballot form at the front desk, he was not allowed reentry the faithfulness of electors. There is no prece- that's against the law. into the building when he left the voting line dent for counting or excluding the vote of a CONGRESS OF THE UNITED STATES, to check on his small children who were out- ``faithless elector'' when that elector's vote is HOUSE OF REPRESENTATIVES, side. Also, several motor vehicle accidents cast in violation of state law. It is important Washington, DC, November 9, 2000. occurred at polling stations, in large meas- that we in the House of Representatives have Hon. WILLIAM CLINTON, ure I am sure, because of the voting delays President, Washington, DC. leading to traffic congestion at the polls. a thorough understanding of state law should DEAR PRESIDENT CLINTON: I am extremely such a situation arise in January 2001. disappointed to have to write this letter to In light of the above, I am extremely con- Mr. Speaker, time is of the essence in pre- you today. But in light of events in Florida, cerned that a new form of black voter sup- paring Congress for counting the electoral I think it is important that I bring to your pression might have been experienced by voters in the Fourth Congressional District, votes in January. I urge the expeditious ap- urgent attention, voting difficulties experi- constituting a potential violation of the Vot- proval of this resolution of inquiry. enced in Georgia’s Fourth Congressional Dis- trict. ing Rights Act. f In 1996, there was heavy voter turnout in Mr. President, I do not want to place the Fourth Congressional District. I am blame on any of the innocent election work- ELECTION 2000 pleased about that. The heavy turnout was ers whose task it was to service large num- responsible for sending me back to Congress, bers of voters under severe circumstances. In HON. CYNTHIA A. McKINNEY Max Cleland to the Senate, and you to the large measure, they did an admirable job White House. However, at that time, voters under the circumstances. But the right to OF GEORGIA were forced to wait for hours in order to cast vote in this country is sacrosanct and that IN THE HOUSE OF REPRESENTATIVES their vote. Too many of them had to stand right should be protected. Tuesday, November 14, 2000 outside in the weather because the polling I respectfully request your immediate in- place was cramped and too small to accom- vestigation into this matter. Ms. MCKINNEY. Mr. Speaker, I am ex- modate the large number of voters who Sincerely, tremely disappointed with events in Florida, showed up to cast their vote. People were CYNTHIA MCKINNEY, but it is important that I bring to your urgent standing outside and in some cases the lines Member of Congress.

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.036 pfrm04 PsN: E14PT1 November 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2103 TRIBUTE TO HOWELL L. Detrick, Maryland as a medical intelligence re- all Federal civilian employees, Congressional HODGSKIN, JR. FOR LONGTIME search specialist, writing medical studies on staff members and Members of Congress. In SERVICE TO CENTRAL NEW countries in Southeast Asia. Three years later 1998, an amendment to the FY 1999 National YORK AND THE U.S. MILITARY in 1987, CDR Torsch transferred to the Pen- Defense Authorization Act (NDAA), which I ACADEMY tagon where she served on the Navy Surgeon sponsored along with my distinguished col- General's staff as the Assistant for Fleet Sup- leagues, WILLIAM MAC THORNBERRY and J.C. HON. JAMES T. WALSH port in the Medical Operations and Planning WATTS, provided authority for DOD to conduct a three-year demonstration to determine the fi- OF NEW YORK Division. During this tour, CDR Torsch also nancial and other impacts of allowing Medi- IN THE HOUSE OF REPRESENTATIVES completed the Naval War College's seminar program, graduating with distinction in 1989. care-eligible service beneficiaries to enroll in Tuesday, November 14, 2000 In November 1990, CDR Torsch affiliated with FEHBP. The test of FEHBP±65, as it is called, Mr. WALSH. Mr. Speaker, at the conclusion the Navy Reserves where she is currently at- is also underway at 10 locations around the of this admissions season, Mr. Howell L. tached to the National Naval Medical Com- country. I am convinced the results of this Hodgskin, Jr. will retire after twelve years of mand Bethesda 106 unit. demonstration will prove conclusively that service to Upstate New York as our region's In December, 1990, after leaving active FEHBP is a cost-effective and viable option admissions field representative for the United duty, CDR Torsch joined the Strategy 2000 that should be made available to all retirees. States Military Academy at West Point. staff at the Paralyzed Veterans of America The FY 1999 NDAA also provided authority Mr. Hodgskin, a graduate of West Point and (PVA). While there, she assisted with the de- to conduct two other demonstrations for Medi- a one-time commissioned officer in the United velopment and publication of ``Strategy 2000: care-eligible retirees which CDR Torsch and States Army, has served as the U.S. Military The VA Responsibility in Tomorrow's National the coalition collaborated on with the Armed Academy's liaison officer for seven different Health Care System'', which analyzed the po- Services Committees: TRICARE as second- payer to Medicare; and the enrollment in Members of CongressÐSHERWOOD BOEHLERT, tential impact of national health care reform on DOD's mail order and retail pharmacy pro- JOHN MCHUGH, MAURICE HINCHEY, Bill Paxon, the VA medical care system. CDR Torsch also grams. TOM REYNOLDS, AMORY HOUGHTON, and meÐ tracked and analyzed health care reform legis- CDR Torsch's unwavering efforts to provide as we annually seek to make nominations to lation and initiatives, both at the national and a meaningful health care benefit to Medicare- the nation's service academies. state levels. eligible members of the uniformed services In October, 1992, CDR Torsch joined the After distinguished service in the Army, Mr. community culminated this year when Con- Hodgskin was employed as a program man- staff at The Retired Officer's Association as gress established in the FY 2001 National De- ager and radar engineer for the General Elec- the Assistant Director of Government Rela- fense Authorization Act a lifetime entitlement tric Company in Syracuse from 1956 to 1989. tions, Health Affairs, where for the last eight to TRICARE for service retirees, their family Since his retirement from General Electric, Mr. years she has worked tirelessly to advance members and survivors. Effective on October Hodgskin has proved invaluable as Upstate's legislation guaranteeing lifetime health care for 1, 2001, the TRICARE-for-Life option will not Congressional liaison to West Point. His con- uniformed services beneficiaries. Because of require participants in this program to pay en- tributions have assisted Central New York's her strong health care background, CDR rollment fees or deductibles. CDR Torsch and finest young people in their efforts to enroll in Torsch was made TROA's principal represent- the Military Coalition also advocated success- the United States Military Academy. ative to The Military Coalition's Health Care fully to have Congress offer a TRICARE pre- As he prepares to step down from this im- Committee. To illustrate the significance of this scription drug benefit in the final FY 2001 portant role, I salute him on behalf of the resi- assignment, it is helpful to note that The Mili- NDAA. As evidence of her commitment and dents of New York's 25th Congressional Dis- tary Coalition (TMC) is a consortium of 31 na- effectiveness in advocating on behalf of mili- trict for his service and dedication to West tionally prominent military and veterans organi- tary retirees, Congress also adopted a key Point and our nation. The best of luck always, zations, representing more than 5.5 million recommendation offered by CDR Torsch in Hodge. members plus their families and survivors. her testimony earlier this year that bene- f Shortly after beginning her liaison with TMC, ficiaries should not be required to pay enroll- CDR Torsch was elected to the position of the ment fees or premiums to participate because TRIBUTE TO COMMANDER VIR- Co-chairman of the TMC Health care Com- doing so would deny this benefit to those who GINIA TORSCH, UNITED STATES mittee because of her ability to articulate need it most. NAVAL RESERVE forcefully the urgency of providing lifetime Taken together, these initiatives comprise health care to members of the greatest gen- the most significant improvements in military HON. JAMES P. MORAN eration and their successors and in recognition health care ever undertaken. Thanks in large OF VIRGINIA of her practical insights on the best legislative measure to the dedication by CDR Torsch, IN THE HOUSE OF REPRESENTATIVES strategy to achieve that goal. CDR was a TROA and other advocates of military retirees, major contributor to the Coalition's Health Al- Congress has demonstrated its commitment to Tuesday, November 14, 2000 ternative Reform Taskforce (CHART) study, providing lifetime health care to our nation's Mr. MORAN of Virginia. Mr. Speaker, I rise which identified several innovative ways to military personnel and their families. I com- today to pay tribute to an exceptional leader in provide lifetime health care to military bene- mend their involvement in this area and be- recognition of her remarkable service to her ficiaries who were locked out of military treat- lieve these efforts should prove invaluable in country, both on active duty and in the re- ment facilities when they attained Medicare reversing declining retention and readiness serves, and as a staunch advocate of im- eligibility. That landmark study became the trends in all services. proved health care benefits for members of blueprint for several laws that were enacted in Mr. Speaker, CDR Torsch has been a lead- the uniformed services community. CDR Vir- the last five years. er in every sense of the wordÐa leader in ginia Torsch's truly distinguished record merits In 1997, Congress enacted a three-year TROA, the Military Coalition and the entire re- special recognition on the occasion of her de- demonstration of a concept called Medicare tired community. Her health care contributions parture from The Retired Officers Association subvention, through which the Health Care Fi- have made an indelible mark on the lives of (TROA) to a position in the private sector. nancing Administration would reimburse the millions of retirees that will benefit them for CDR Virginia Torsch received her Bachelor Department of Defense (DOD) for care pro- years to come. I urge you to join me in wish- of Science degree in Zoology from the Univer- vided to Medicare-eligible members of the uni- ing her continued success in her new endeav- sity of Maryland in 1978, and completed her formed services community in Military Treat- ors and in her continued service to this nation. Master's of Health Science in International ment Facilities (MTFs). That program, now f Health at Johns Hopkins School of Public called TRICARE Senior Prime, was included CONCERNING ABILENE Health and Hygiene, Baltimore, Maryland in in the Balanced Budget Act of 1997 and is PHILHARMONIC ORCHESTRA 1982. currently in operation at 10 MTFs. A year later, in 1983, CDR Torsch became Over the years, CDR Torsch and other a commissioned officer in the U.S. Navy's members of The Military Coalition have HON. CHARLES W. STENHOLM OF TEXAS Medical Service Corps. She was sent to the worked very closely with my staff in devel- IN THE HOUSE OF REPRESENTATIVES Naval Hospital, Pensacola, Florida where she oping an option to allow Medicare-eligible served eleven months as the Assistant Comp- service beneficiaries to enroll in the Federal Tuesday, November 14, 2000 troller. She then transferred to the Armed Employees Health benefits Program (FEHBP), Mr. STENHOLM. Mr. Speaker, I would like Forces Medical Intelligence Center, Fort the same program that is available to virtually to recognize the 50th anniversary of one of

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.039 pfrm04 PsN: E14PT1 E2104 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2000 Abilene's oldest performing arts organizations, party designed to scare Americans a week be- the study, Texas nursing homes had lower in- the Abilene Philharmonic Orchestra on De- fore the Presidential election. The timing of the dices of deficiencies than the normal average cember 2 of this year. This great symphony motion, and the study upon which this motion in eight of these categories. orchestra enriches the cultural life of a city in is based, are questionable at best. One week In the percentage of Quality of Care defi- a unique way; it creates a place where fine before an election, the Minority Staff of the ciencies, Texas nursing homes are below the musicians want to live and teach and perform. Government Reform Committee releases a re- national average, while a state like Con- In the 1950-opening season, concerts were port criticizing the condition of Texas nursing necticut is a staggering 19 percent above the held in the old Abilene High School with audi- homes. national average, and above the national aver- ences of less than 100 people. Currently the Some have tried to pass this study off as age in four of ten categories. In the percent- Abilene Philharmonic Orchestra performs in non-partisan. I have a hard time believing age of Food Sanitation deficiencies, Texas is the Abilene Civic Center with crowds aver- such a claim. This study was conducted unbe- half a percentage point above the national av- aging 2,000. I would not only like to acknowl- knownst to the majority staff at the Govern- erage. However, Tennessee is over eight per- edge this organization for their 50th anniver- ment Reform Committee. This was not an ef- cent above the national average in Food Sani- sary, but also the impact they have had on the fort to accurately gauge the conditions of tation deficiencies. Instead of attempting to Abilene community. Texas nursing homes. This was purely polit- misrepresent the Texas record for political f ical. The Gore-Lieberman website posted the gain, the Gore-Lieberman ticket should be fo- study and commentary on it before it was re- cusing their efforts on improving nursing home HONORING A SPECIAL COLORADO leased to Majority Members of the Govern- conditions in their home states. FAMILY ment Reform Committee. It also breeds sus- In Texas we understand there are problems picion that days before this report was re- within our nursing home system, and we have HON. BOB SCHAFFER leased, the Democratic National Committee taken steps to correct them. In 1995 and 1997, Texas passed legislation that instituted: OF COLORADO began an advertising campaign on the state of new requirements for background checks on IN THE HOUSE OF REPRESENTATIVES nursing homes in Texas. If this was a non-partisan study then are we nursing home operators, new enforcement Tuesday, November 14, 2000 supposed to believe that it was a mere coinci- measures on non-compliant nursing homes, Mr. SCHAFFER. Mr. Speaker, today I rise dence the study was released on the heels of and mandated standards for quality of life and to honor a hard working family from Flagler, these ads being run. Even if we are to blindly quality of care. A facilities compliance with CO. Florence Fuller works with her daughter accept such a coincidence, the release of the these standards must be made available to and son-in-law, Sally and Mike Santala on study to the Gore-Lieberman campaign before the public and explained to nursing home resi- their farm in northeast Colorado. They survive it was given to Majority Members of the Gov- dents as well as their next of kin. According to a March 1999 GAO report on Florence's husband, Eddie, who began the ernment Reform Committee clearly dem- nursing homes, Texas spends more than other family tradition of finding new ways of con- onstrate that this study was nothing more than serving natural resources on their farm. It is states on compliant expenditures per home. It partisan political propaganda. also shows that the only state with more com- that tradition that has earned the Fuller family More disheartening than the timed release pliant visits per 1,000 beds is Washington. the Farming Conservationist Award from the of this study was the facts ascertained and the Many experts believe that compliant investiga- Colorado Association of Soil Conservation Dis- conclusions reached by the study are a clear tors are more important than the standard sur- tricts at its 56th annual meeting in Grand misrepresentation of the conditions of nursing veys required not less frequently than every Junction, Monday, November 13. Each year, homes in Texas. I agree that we must take 15 months. This is believed to be this case the association awards the title of Conserva- steps to improve the care that patients receive because complaints can be a good indicator of tionist of the Year to landowners who exem- in nursing homes. However, as a Texan I take a current problem in a facility, that a compliant plify leadership in land stewardship. great umbrage at this one-sided hatchet job visit comes as a surprise and thus gives sur- The Fullers first came to Kit Carson County designed to embarrass my state. veyors a more accurate picture of what is in 1948 and immediately took a leadership If we look at the objective facts we find a going on in a facility. role in their local community. Eddie Fuller much different picture of Texas nursing homes We passed the Boren Amendment in the helped organize the Flagler Soil Conservation than painted by the Minority Staff Report. In Balanced Budget Act of 1997 to remove states District in 1951 and acted as the organiza- September 2000, the non-partisan General Medicaid spending from the crippling effects of tion's Secretary-Treasurer for 16 years. The Accounting Agency (GAO) issued a com- court mandated reimbursements. The Boren Fuller farm now encompasses 860 acres of prehensive study that directly disputes the Amendment was enacted to provide more fis- cropland, 97 acres of hay meadow, and 2,500 claims made in the partisan minority report. cal discipline in the Medicaid program. How- acres of rangeland at the base of the Colo- The GAO concluded that the percentage of ever, the vague wording of the amendment rado Rocky Mountains. It is because of the homes in Texas cited for harm and immediate subjected states to numerous court orders that Fuller family's innovative work with rotational jeopardy deficiencies were half what the par- led to Medicaid spending spiraling out of con- grazing techniques and other conservation tisan Minority study claims. trol. A major proponent of eliminating the methods that the Colorado Association of The Minority Staff study claims that over 50 Boren Amendment was President Clinton. The Conservation Districts has bestowed upon percent of the nursing homes in Texas had President, in an August 1999 speech to the them such an honor, and it is because of their violations that caused actual harm to residents National Governors Association, stated, contributions to their community and the envi- or placed them at risk of death or serious in- ``We've waived or eliminated scores of laws ronment that I stand here to recognize them jury. According to the September GAO report, and regulations on Medicaid, including one we today. the percentage of homes with actual harm and all wanted to get rid of, the so-called Boren f immediate jeopardy deficiencies from January Amendment.'' Eliminating this provision was a 1997 to July 2000 were only 25 percentÐhalf MOTION TO INSTRUCT CONFEREES bipartisan effort which both parties agreed to. what the Minority report stated. We must work If the Boren Amendment is not working, and ON H.R. 4577, DEPARTMENTS OF to reduce this number, but it also clearly dem- the proof is not there that it isn't, then let's fol- LABOR, HEALTH AND HUMAN onstrates how the Minority report attempted to low the procedures dictated by the Balanced SERVICES, AND EDUCATION, AND overstate the problem in a partisan effort to Budget Act of 1997. In this statue a provision RELATED AGENCIES APPROPRIA- embarrass Texas. was included that asks the Secretary of the TIONS ACT 2001 The University of California San Francisco Department of Health and Human Services to Department of Social and Behavioral Sciences conduct a study on access to, and quality of, SPEECH OF conducted a nationwide study of nursing facil- the services provided to beneficiaries subject HON. JOE BARTON ity deficiencies in which Texas nursing homes to the rate setting method used by the states. OF TEXAS rated better than most other states. The study That report is due 4 years after the enactment IN THE HOUSE OF REPRESENTATIVES examined the percentage of nursing homes of B.B.A. 97 which puts us in August of next with deficiencies in ten different areas; Com- year. This report will give accurate information Tuesday, October 31, 2000 prehensive Assessments, Accident Prevention, on the effects on repeal of the Boren Amend- Mr. BARTON of Texas. Mr. Speaker, I rise Housekeeping, Dignity, Physical Restraints, ment, and if there is a need to have it rein- today to oppose this motion. It is fitting this Food Sanitation, Accidents, Quality of Care, stated. motion was brought on October 31, because Pressure Sores, and Comprehensive Care This is Halloween, but don't be fooled. If we this is pure Halloween politics by the minority Plans. In Calendar Year 1998, the last year of need to reexamine the repeal of the Boren

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A14NO8.042 pfrm04 PsN: E14PT1 November 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2105 Amendment lets wait until the Secretary is and dispiriting or commemorated in the and 1980s, one might be tempted to draw the done with the report. This motion is not about ways that Jews remember the Holocaust. conclusion that slaves accommodated them- patient care. This is about election year poli- There is no national museum of slavery and selves fairly well to their circumstances and, any attempt to establish one would be con- if not actually contented, found ways to tics, and I urge all my colleagues to vote ``no.'' troversial. In 1995 black employees of the Li- avoid being miserable. Out of fashion was the f brary of Congress successfully objected to an view of Kenneth Stampp and other neo-aboli- exhibition of photographs and texts describ- tionist historians of the post-World War II THE SKELETON IN THE CLOSET ing the slave experience, because they found period that the heart of the story was white it demoralizing. But other African-Ameri- brutality and black discontent, with the lat- HON. JOHN CONYERS, JR. cans have called for a public acknowledg- ter expressing itself in as much physical re- OF MICHIGAN ment of slavery as a national crime against sistance as was possible given the realities of blacks, comparable to the Holocaust as a white power. Interpretations of slavery since IN THE HOUSE OF REPRESENTATIVES crime against Jews, and some have asked the 1970s have tended to follow Genovese’s Tuesday, November 14, 2000 that reparations be paid to them on the paternalism model when characterizing the grounds that they still suffer from its leg- masters or analyzing the master-slave rela- Mr. CONYERS. Mr. Speaker, the following acy. Most whites, especially those whose an- tionship and the Blassingame-Gutman em- is an article which appeared in the November cestors arrived in the United States after the phasis on communal cultural autonomy 2, 2000 edition of The New York Review of emancipation of the slaves and settled out- when probing the consciousness of the Books, which considers the differences among side the South, do not see why they should slaves. Tension between the cultural-hegem- African-Americans and historians as to how accept any responsibility for what history ony and cultural-autonomy models has been slavery should be most accurately remem- has done to African-Americans. Recently, the basis of most disagreements. bered. however, the National Park Service has Beginning around 1990, however, a little- noticed countertrend to both culturalist ap- Its author, George M. Fredrickson has ob- begun a systematic review of exhibits at Civil War battlefields to make visitors aware proaches began to emerge. The work of Mi- served that there is indecision among African- of how central slavery and race were to the chael Tadman on the slave trade, Norrece T. Americans as to how slavery should be re- conflict. Jones on slave control, and Wilma King on membered, which is brought about because Professional historians have not shared the slave children brought back to the center of some believe that the best course of action is public’s ambivalence about remembering attention the most brutal and horrifying as- not to act at all, in other words to forget it. slavery. Since the publication of Kenneth pects of life under the slaveholders’ regime. They wish to simply neglect any detailed Stampp’s The Peculiar Institution in 1956 and Tadman presented extensive documentation Stanley Elkins’s Slavery in 1959, the liveliest to show that the buying and selling of slaves recollection of slavery because the pain of its and most creative work in American histor- was so central to the system that it reduces memory is too difficult to bear. But others are ical studies has been devoted to slavery and any concept of slaveholder paternalism to convinced that everything about this peculiar the closely related field of black-white rela- the realm of propaganda and self-delusion. institution should be brought to light. To them tions before the twentieth century. In the ‘‘Slaveholder priorities and attitudes sug- it seems the better course of action to emulate 1970s, there was a veritable explosion of large gest, instead, a system based more crudely the strategy of the one ethnic group in the and important books about slavery in the on arbitrary power, distrust, and fear,’’ he twentieth century, that was severely per- Old South. But no consensus emerged about wrote. What kind of paternalist, one might ask, secuted, but who remained determined not the essential character of anti-bellum slavery. What was common to all this work was would routinely sell those for whom he had only to discuss their persecution, but to docu- a reaction against Stanley Elkins’s view assumed patriarchal responsibility? Building ment and publicly display it by way of muse- that slavery devastated its victims psycho- on Gutman’s discovery of strong family ties, ums and oral histories and confirm for all time logically, to such an extent that it left them Jones maintained that the threat of family the incredible atrocities to which they were powerless to resist their masters’ authority breakup was the principal means that subjected. or even to think and behave independently. slaveholders used to keep slaves sufficiently Over the last six years, there has been an If slaves were now endowed with ‘‘agency’’ obedient and under control to carry out the amazing outpouring of literature and research and a measure of dignity, the historians of work of the plantation. There was no paternalistic bargain, according to Jones, only concerning the enslavement of African people the Seventies differed on the sources and extent of the cultural ‘‘breathing space’’ that the callous exercise of the powers of owner- in the United States and it appears that there slaves were now accorded. For Herbert ship, applied often enough to make the is still more to come. In the article that follows, Gutman, it was the presence among slaves of threat to it credible and intimidating. Like it is made clear that the perspective of the his- closely knit nuclear and extended families; Jones, Wilma King likens the master-slave torian often affected his work and made the for John Blassingame, it was the distinctive relationship to a state of war, in which both relationship between the slaves and the communal culture that emanated from the parties to the conflict use all the resources slavemaster a matter of his, the historian's, slave quarters; for Eugene Genovese, it was they possess and any means, fair or foul, to subjective interpretation. It also showed how the ability to maneuver within an ethos of defeat the enemy. She compared slave children to the victims of war, denied a true many of the attitudes that buttressed the insti- plantation paternalism that imposed obligations on both masters and slaves. childhood by heavy labor requirements, abu- tution of slavery lived beyond the reconstruc- Clearly there was a difference of opinion sive treatment, and the strong possibility tion era and persisted not only into the post between Blassingame and Gutman, on one that they would be permanently separated reconstruction era but into modern times. Be- hand, and Genovese on the other, about how from one or both parents at a relatively cause of the growing number of legislators much autonomy the slaves possessed. Geno- early age. She presented evidence to show who are becoming attracted to this subject vese conceded a ‘‘cultural hegemony’’ to the that slave children were small for their ages, and the unresolved questions that swirl around slaveholders that the others refused to ac- suffered from ill health, and had high death it, this essay and other materials that it ref- knowledge. But even Genovese celebrated rates. The neo-abolitionist view of slavery as ‘‘the world that the slaves made’’ within the a chamber of horrors seemed to be re- erences continue to illuminate this terrible part interstices of the paternalistic world that emerging, and the horror was all the greater of American history. Of growing concern is the the slaveholders had made. At the very least, because of the acknowledgment forced by challenge that this new information may help slaves had their own conceptions of the du- the scholarship of the Seventies that slaves us in a constructive way to move forward as ties owed to them by their masters, which had strong family ties. What was now being a nation that honors diversity rather than lead- were often in conflict with what the masters emphasized was the lack of respect that ing to finger pointing and accusations that will were in fact willing to concede. Although all many, possibly most, slaveholders had for divide us further. There is a growing hope that the interpretations found that conflict was those ties. A recent book that eschews theorizing the spotlight of truth can lead to constructive integral to the master-slave relationship, the emphasis on the cultural creativity and sur- about the essential nature of slavery but can solutions and a new appreciation of the signifi- vival skills of the slaves tended to draw at- be read as providing support for the revision- cance of a diversity which is uniquely Amer- tention away from the most brutal and vio- ists who would bring the darker side of slav- ican. lent aspects of the regime—such as the fre- ery into sharper relief is Runaway Slaves: THE SKELETON IN THE CLOSET quent and often sadistic use of the lash and Rebels on the Plantation by John Hope Frank- the forced dissolution by sale of many thou- lin and Loren Schweninger. This relentlessly (By George M. Fredrickson) sands of the two-parent families discovered empirical study avoids taking issue with 1. by Gutman. other historians except to the extent that it One hundred and thirty-five years after its There was also a tendency to deemphasize puts quotation marks around ‘‘paternalist.’’ abolition, slavery is still the skeleton in the physical, as opposed to cultural, resistance It has little or nothing to say about slave American closet. Among the African-Amer- by slaves. Relatively little was said about re- culture and community. Its principal sources ican descendants of its victims there is a dif- bellion or the planning of rebellion, running are not the many published narratives of es- ference of opinion about whether the mem- away, or sabotaging the operation of the caped slaves, such as the ones now made ory of it should be suppressed as unpleasant plantation. From the literature of the 1970s available by the Library of America, but

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.045 pfrm04 PsN: E14PT1 E2106 CONGRESSIONAL RECORD — Extensions of Remarks November 14, 2000 rather newspaper accounts, legal records, among the decent ones (unlike, for example, would have been reluctant to express their and the advertisements that describe run- the owner of a neighboring plantation who true feelings about how their inquisitors’ aways and offer a reward for their return. had a reputation for cruelty), while others forebears had treated them. One would there- The latter sources are especially useful be- were ruthless exploiters who treated their fore expect the oral testimony to make ser- cause they contain candid descriptions of human property simply as tools of their own vitude seem more benign than it actually lacerated backs, branded faces, and other greed and ambition. Both bodies of sources was. But despite these inherent biases, there physical evidence of cruel treatment. Few have built-in biases that detract from their is in fact much evidence in Remembering runaways actually made it to freedom in the authority, as Franklin and Schweninger sug- Slavery to support the view that slavery was North. Most remained in relatively close gest in explaining why they made little use legalized brutality. Whipping, it is clear, was proximity to their masters’ plantations and of them: ‘‘Suffice it to say that many of the virtually omnipresent. Helplessly watching a were eventually recaptured. It was generally persons who inhabit the pages of recent stud- parent being severely flogged was etched in young men who absconded, but they did so in ies are either far removed in time and space the memory of many of the interviewees, and huge numbers. Few plantations of any size from the South they describe, or, due to con- a surprisingly large number had been failed to experience significant absenteeism. ventions, or the purpose of a diary, are less whipped themselves by masters or overseers, Franklin and Schweninger are unable to de- than candid in their observations.’’ despite their tender ages. Sam Kilgore was termine ‘‘the exact number of runaways,’’ An earlier generation of historians consid- exceptional in having a master who never but conclude very conservatively that there ered the kind of narratives collected by An- whipped his slaves, but ‘‘Marster had a meth- had to have been more than 50,000 a year. drews and Gates unreliable because they had od of keepin’ de cullud fo’ks in line. If one of Slaves run off for a variety of motives—to allegedly been ghostwritten and embellished dem do somethin’ not right to dem he say: avoid being sold or because they wanted to by white abolitionists for purposes of anti- ‘Don’t go to wo’k tomorrow Ise ’spec de nig- ger driver am a-comin’ pass an’ Ise gwine to be sold away from a harsh master, to avoid slavery propaganda. Recent research, however, had established the authenticity of sell youse.’’’ family dissolution or to find kin from whom Whether discipline was obtained by con- they had already been separated, to avoid se- most of them. Original claims for their au- thorship and the existence of many of the stant use of the lash, by the threat of sale for vere whipping or as a response to it. The pic- any misbehavior, or both, the system re- ture that emerges from the many vivid ac- people and events they describe have been verified. But how representative of the slave vealed here is one that relied on fear and co- counts of individual acts of desertion is of an ercion rather than on any sense of a patri- inhumane system that bears no resemblance population in general were the life experiences and attitudes of these literary fugi- arch’s responsibility to his dependents. to the mythical South of benevolent masters There is also evidence in Remembering Slav- and contented slaves. It is even hard to rec- tives? They had to be literate to write their stories, and 95 percent of the slaves were un- ery of what today would be considered the oncile with the more sophisticated view that most flagrant kind of child abuse. Her mis- most slaveholders conformed to a paternal- able to read and write. Four of the six accounts of escapes from the South to the tress beat Henrietta King, an eight- or nine- istic ethic that earned a conditional acquies- year-old accused of stealing a piece of candy, cence from many of their slaves. North presented in Slave Narratives—those of Frederick Douglass, William Wells Brown, while her head was secured under the leg of The masters found in this book are cruel a rocking chair. ‘‘I guess dey must of and insensitive and the slaves openly rebel- Henry Bibb, and William and Ellen Craft— feature fugitives who had white fathers. Two whupped me near an hour wid dat rocker leg lious. Although it rarely brought freedom, a-pressin’ down on my haid,’’ she recalled. As the mode of resistance described in Runaway of them—Henry Bibb and Ellen Craft—were so light-skinned that they were able to pass a result of the pressure, her face and mouth Slaves could have positive results for the de- were permanently and severely disfigured. serters. In some cases, they successfully for white. Mulattos may have been a substantial mi- In the light of such evidence, it is not read- made their return contingent on better con- nority of the slave population of the Old ily apparent why Ira Berlin’s introduction ditions, or at least avoidance of punishment. South, but literate, lightskinned mulattos affirms that a paternalistic ethic prevailed In other words, running away could be a kind among slaveholders. Was it really true in were rare. It is nevertheless telling evidence of labor action, the closest approximation to most cases that ‘‘the incorporation of slaves of the callousness of Southern slaveholders a strike that was possible under the cir- into what planters called their ‘family, black that most of the children they sired with cumstances. Very well written, filled with and white,’ enhanced the slaveholders’ sense slave women were unacknowledged and kept engrossing narrative, and exploiting valu- of responsibility for their slaves and encour- in servitude, rather than being emancipated able sources that the historians of slave cul- aged the owners to improve the material by their fathers, as was more likely to be the ture and consciousness have tended to ne- conditions of plantation life’’? Material con- case in other slave societies. To attain free- glect, Runaway Slaves is a major work of his- ditions did improve during the nineteenth dom, the fugitives of mixed race had to use tory. century, but an alternative explanation is their degree of whitness or access to edu- 2. available: slaves were valuable property that cation (which allowed them to forge docu- was appreciating in value. In the light of But of course most slaves did not run away ments) as devices for deceiving their pur- and some plantations did not have serious their financial interest in healthy, market- suers. Upon arrival in the North, their value able slaves, the real questions might be why problems of desertion. Franklin and to the abolitionists came partly from the pa- conditions on the plantations were often so Schweninger might therefore be exposing thos that could be generated among color- harsh. A slave scarred by whipping depre- only one side of a complex reality. The deep conscious Northerners by the thought that ciated in value, but whippings persisted; discontent of the deserters is obvious, but someone who looked white or almost white slave children were an appreciating asset; was their attitude typical or exceptional? To could be a slave, especially if she were a but, if Wilma King is correct, they were gen- answer this question, it would be helpful to beautiful young woman at the mercy of a erally unhealthy and undernourished. (An have direct testimony from slaves who lustful master. But the sexual exploitation image from more than one account in Re- stayed as well as those who fled. There are of slave women of any pigmentation was a membering Slavery is that of slave children two principal sources of slave testimony— harsh reality, as the narrative of Harriet Ja- being fed at a trough like pigs.) the published narratives from the nineteenth cobs, who sent to extrarodinary lengths to Paternalism in one sense of the word may century, some of which have been collected avoid the embraces of her owner, clearly il- be a byproduct of vast difference in power. by William L. Andrews and Henry Louis lustrates. Those who present no conceivable threat to Gates for the Library of America, and the The testimony collected by WPA inter- one’s security, status, or wealth may be interviews with elderly ex-slaves conducted viewers in the 1930s suffers from very dif- treated with condescending and playful af- in the 1930s by WPA writers. Selections from ferent and perhaps more severe limitations. fection. It is clear from some of the recollec- the interview are now available in a book- Most of it, including much of what is in- tions in Remembering Slavery that attrac- audio set, published in conjunction with the cluded in Remembering Slavery, the recent tive slave children could became human pets Library of Congress and the Smithsonian In- selection edited by Ira Berlin, Marc Favreau, of their masters and mistresses. Mature stitution. Reading these books and listening and Steven F. Miller, comes from those born slaves who ‘‘played Sambo’’ could also to the tapes conveys, if nothing else, a sense in slavery but emancipated as children. Very arouse feelings of indulgence and receive spe- of how diversely slaves could be treated and few of them experienced slavery as adults cial treatment. But the possession of great how variously they could respond to their and those who did were into their nineties by power over other human beings can also pro- circumstances. The narratives written by fu- the time they were interviewed. Seventy- or voke irrational cruelty. The other side of the gitives stress, as might be expected, the eighty-year-old memories are notoriously coin of paternalism in this psychological abuse and oppression from which their au- fallible and can be distorted as a result of sense is sadism. thors have fled. But the WPA interview in- what may have happened more recently. Berlin is on stronger ground when be notes clude some that convey nostalgia for kindly Some of those who had lived through the era that ‘‘the paternalist ideology provided or honorable masters and suggest that pater- of lynching and Jim Crow segregation might slaveholders with a powerful justification for nalism could, in some instances, be an eth- view their experience as children who had their systematic appropriation of the slaves’ ical code as well as a rationalization for ser- not yet experienced the worst of slavery with labor.’’ But the racism that made it possible vitude. a certain amount of nostalgia. to consider blacks as subhuman was another One could conclude therefore that some In most cases, moreover, the interviewers possible justification. The two could be syn- masters were genuine paternalists who made were Southern whites, and blacks at the thesized in the notion that blacks were per- their slaves grateful that their owners were height of the segregation era in the South petual children and had to be treated as such

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.048 pfrm04 PsN: E14PT1 November 14, 2000 CONGRESSIONAL RECORD — Extensions of Remarks E2107 no matter what their actual ages. But if this tween masters and slaves or simply on the brought to market could subvert their sale was the dominant view it did not prevent a application of force and fear in the service of to undesirable purchasers by feigning illness substantial amount of child abuse. economic gain. The reality reflected in the or acting unruly and uncooperative, or, put- 3. slave narratives and other primary sources is ting on a different mask, encourage their of great variation in plantation regimes. Slave children are the subjects of Marie purchase by masters who had a reputation What proportion might be classified as pa- Jenkins Schwartz’s Born in Bondage. It cov- for good treatment or who already possessed ternalist and what proportion was based sim- ers much of the same ground as Wilma some of their kinfolk. This form of black ply on ‘‘arbitrary power, distrust, and fear’’ King’s Stolen Childhood, but in its effort to ‘‘agency’’ might be considered less decisive cannot be quantified; it is a question that understand the master-slave relationship it or heroic than the running away described can be answered only on the basis of general leans toward the paternalism model more by Franklin and Schweninger, but ‘‘these impressions that will differ, depending on than toward the ‘‘state-of-war’’ analogy in- differences between possible sales had the sa- which sources are deemed representative and voked by King and Norrece Jones. Con- lience of survival itself.’’ which anomalous. The side that a historian sequently it presents a somewhat less hor- On the question of whether slavery and the supports might be determined more by ide- rific impression of what it meant to grow up Old South should be characterized by race or ology or theoretical approach than by a care- by class domination, Johnson suggests that on a slave plantation. It acknowledges the ful weighing of the evidence. possibility of sale for adolescent slaves, not- both were present and that it is impossible It also seems possible that many to distinguish between them in their day-to- ing that approximately 10 percent of them slaveholders could fancy themselves as pa- were sold from the upper to lower South be- day manifestations. He advances the original ternalists and act in ways that were totally and potentially controversial argument that tween 1820 and 1860. But in claiming that at odds with their self-image. Walter John- ‘‘the risk of separation from families to be truly ‘‘white’’ in the Old South one had son’s book on the slave market, Soul by to own slaves. Buying a first slave therefore through sale was relatively low for very Soul, in effect transcends the dichotomy by brought racial status as well as a new class young children,’’ it disregards the frequent showing that a culture of paternalism and a position. I would qualify the argument by sale of men without their wives and young commitment to commercialism were not in- limiting its application to ‘‘black belt’’ or children or of women with infants without compatible. He also undermines another per- plantation areas where a substantial major- their husbands that is acknowledged else- sistent and contentious either/or of Southern ity of whites actually owned slaves. In the where in the book. Schwartz’s conclusion historiography, one that also involves the Southern backcountry and uplands, where that ‘‘slaves throughout the South worried status of paternalism as ideology and social nonslaveholding yeomen farmers predomi- about being sold’’ seens like an understate- ethos. This is the question of whether ‘‘race’’ nated, the social ‘‘whiteness’’ of anyone who ment in the light of what Norrece Jones has (inequality based on pigmentation) or was not black or Indian was beyond ques- revealed about how masters manipulated in- ‘‘class’’ (stratification based on pre-modern tense fears of family separation to maintain conceptions of honor and gentility) was cen- tion, and it was even possible to regard discipline. tral to the culture and social order of the Old slaveholding itself as compromising white- The conception of paternalism found in South. ness by creating too much intimacy between Born in Bondage is set forth in terms very Johnson takes us inside the New Orleans the races. close to those employed by Eugene Genovese. slave market, the largest and busiest in the Johnson also contends that differences in ‘‘The paternalistic bargain that slaveholders South, and discovers that the buyers and pigmentation were a major element in the and slaves struck,’’ Schwartz writes, ‘‘re- sellers of slaves could easily mix the lan- expectations that purchasers had about the quired each to give something to the other. guage and values associated with pater- use they could make of the slaves they Slaves displayed loyalty to their owners, at nalism and commercialism. Unlike later his- bought. Dark-skinned slaves were considered least outwardly, and slaveholders rewarded torians, they saw no conflict between their healthier and better suited to field labor. this with better treatment,’’ She concedes needs for status and sound business practice. Male slaves who were light-skinned but not that ‘‘the paternalistic attitude of owners ‘‘I consider Negroes too high at this time,’’ too light were thought to be good candidates was not the same thing as real benevolence’’ one slave owner told another, ‘‘but there are for training in skilled trades. Very light- and that the slaves, aware of its self-serving some very much allied to mine both by blood skinned males were difficult to sell, however, nature, obeyed masters and mistresses and inter-marriage that I may be induced because of the fear that they could escape by ‘‘without internalizing the owner’s under- from feeling to buy, and I have one vacant passing for white (as Henry Bibb’s narrative standing of class and race.’’ But playing the improved plantation, and could work more well exemplifies). Very light-complexioned prescribed deferential roles made life easier hands with advantage.’’ Clearly the pur- females, on the other hand, brought high and must have become second nature for chasers of slaves liked to think that they prices as ‘‘fancy women’’ or concubines. This some. Children were quick to see the benefit were doing a favor to those they acquired. was a color and class hierarchy more often of pleasing their owners, and the sheer pres- They could buy themselves ‘‘a paternalist associated with Latin America and the Car- ence of large numbers of children on most fantasy in the slave market’’ when they ibbean than with America’s characteristic plantations was one factor encouraging a pa- made a purchase that seemed to accord with two-category, white-over-black pattern of ternalistic ethos. the wishes of the person being bought, de- race relations. But Johnson argues that the Putting aside the unresolved question of spite the fact that it could also be justified physical aspect of the classification of slaves whether sincere and durable ‘‘paternalistic on strictly economic grounds. But, Johnson into different occupational groups was high- bargains’’ were normal or exceptional in comments, ‘‘the proslavery construction of ly subjective and that observers described slave governance, Schwartz makes the origi- slave-market ‘‘paternalism’’ was highly un- the pigmentation of slaves differently de- nal and useful point that there was an inher- stable: it threatened to collapse at any mo- pending on what use they intended to make ent conflict between such paternalism (to ment beneath the weight of its own absurd- of them. whatever extent it may have existed) and the ity. One could go to the market and buy To some extent this was undoubtedly true. efforts of slaves to maintain a family life of slaves to rescue them from the market, but But it defies common sense to claim without their own. To the degree that masters took it was patently obvious . . . that the market qualification that ‘‘the racialized meaning of direct responsibility for slave children they in people was what had in the first place [a slave’s body], the color assigned to it and undermined the authority of the parents and caused the problems that slave-buying pater- the weight given to its various physical fea- the unity of the slave family. But how likely nalists claimed to resolve.’’ tures in describing it, depended up the exam- in fact were slave owners to play such a role Paternalism, Johnson concludes, was ‘‘a iner rather than the examined.’’ It is a useful in the raising of slave children? Little evi- way of imagining, describing, and justifying postmodern insight that race and color are, dence of this kind of attentiveness appears in slavery rather than a direct reflection of un- to a considerable extent, ‘‘social construc- the written and oral narratives. Accounts of derlying social relations.’’ It was therefore tions.’’ But surely the differences between slave children running about naked or in ‘‘portable’’ and could ‘‘turn up in the most very light and very dark skin was a physical rags, being fed at troughs, or put to work at unlikely places—in slaveholders’ letters de- fact that had an independent effect on the a very early age run counter to the impres- scribing their own benign intentions as they evaluations being made. Except for this one sion of slaveholders acting in loco parentis. went to the slave market.’’ Paternalism was instance, however, Johnson’s discussion of Although it offers some significant new in- an illusion but one that was essential to the the social and cultural construction of re- sights, Born in Bondage should not displace self-respect of many slaveholders, just as ality by whites and blacks in the slave mar- Wilma King’s Stolen Childhood and be taken hardheaded commercial behavior was essen- ket does not do violence to the inescapable as the definitive last word on growing up tial to their economic prosperity and social external realities that limited the options under slavery. Rather the two books should pretensions. As portrayed by Johnson, the and influenced the behavior of the buyers, be read together as revealing different as- slaves were not taken in by paternalistic the sellers, and the sold. By beginning the pects of a complex reality. rhetoric. But they could influence their own process of undermining and transcending the Perhaps the time has come to get beyond destiny in the slave market by the way they sharp dichotomies between paternalism and the debate between the two schools of presented themselves: ‘‘The history of the commercialism, and between race and thought about the nature of antebellum slav- antebellum South is the history of two mil- class—on which historians of the Old South ery—the seemingly unresolvable disagree- lion slave sales. But alongside the chronicle have been fixated for so long—Johnson has ment over whether it can best be understood of oppressions must be set down a history of advanced the study of African-American as resting on a ‘‘paternalistic bargain’’ be- negotiations and subversions.’’ Slaves slavery to a higher level.

VerDate 112000 03:23 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A14NO8.051 pfrm04 PsN: E14PT1 Tuesday, November 14, 2000 Daily Digest

HIGHLIGHTS Senate passed Continuing Resolution. Senate agreed to Conditional Adjournment Resolution. The House and Senate passed H.R. 5633, District of Columbia Appro- priations. Senate to the text that was sent to the desk, then the bill Chamber Action be considered agreed to, and the motion to recon- Routine Proceedings, pages S11511–S11545 sider be laid upon the table. Page S11544 Measures Introduced: Three bills and one resolu- Nominations Received: Senate received the fol- tion were introduced, as follows: S. 3269–3271, and lowing nominations: S. Res. 384. Page S11537 Larry Carp, of Missouri, to be an Alternate Rep- Measures Passed: resentative of the United States of America to the Fifty-fifth Session of the General Assembly of the Senator Byrd Video Taping Authority: Senate United Nations. agreed to S. Res. 384, relative to Rule XXXIII. Richard N. Gardner, of New York, to be an Al- Pages S11511±12 ternate Representative of the United States of Amer- Continuing Resolution: Senate passed H.J. Res. ica to the Fifty-fifth Session of the General Assembly 125, making further continuing appropriations for of the United Nations. the fiscal year 2001, clearing the measure for the Jay T. Snyder, of New York, to be a Representa- President. Page S11515 tive of the United States of America to the Fifty- Conditional Adjournment: Senate agreed to H. fifth Session of the General Assembly of the United Con. Res. 442, providing for a conditional adjourn- Nations. Page S11545 ment of the House of Representatives and a condi- Messages From the House: Pages S11533±34 tional recess or adjournment of the Senate. Communications: Pages S11534±37 Page S11515 Statements on Introduced Bills Pages S11537±38 Counterterrorism Act: Committee on the Judici- ary was discharged from further consideration of S. Additional Cosponsors: Page S11538 3205, to enhance the capability of the United States Amendments Submitted: Page S11538 to deter, prevent, thwart, and respond to inter- Additional Statements: Pages S11530±33 national acts of terrorism against United States na- Enrolled Bills Presented: Page S11534 tionals and interests, and the bill was then passed, after agreeing to the following amendment proposed Recess: Senate convened at 12:02 p.m. and, pursu- thereto: Pages S11538±44 ant to the provisions of H. Con. Res. 442, recessed Warner (for Kyl/Feinstein) Amendment No. 4358, at 4:31 p.m., until 12 noon, on Tuesday, December to make certain modifications. Pages S11538±41 5, 2000. (For Senate’s program, see the remarks of the Acting Majority Leader in today’s Record on District of Columbia Appropriations—Agree- page S11544.) ment: A unanimous-consent agreement was reached providing that when the Senate receives from the House of Representatives H.R. 5633, District of Co- Committee Meetings lumbia Appropriations, that if the text is identical No committee meetings were held.

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VerDate 11-MAY-2000 03:22 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14NO0.REC pfrm04 PsN: D14NO0 D1180 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2000 House of Representatives Recess: The House recessed at 9:02 a.m. and recon- Chamber Action vened at 10:00 a.m. Page H11881 Bills Introduced: 6 public bills, H.R. 5631–5636; Recess: The House recessed at 11:25 a.m. and re- and 3 resolutions, H. Con. Res. 442, and H. Res. convened at 5:35 p.m. Page H11901 667–668 were introduced. Pages H11927±28 Senate Messages: Message received from the Senate Reports Filed: No reports were filed today. today appears on page H11915. Suspensions: The House agreed to suspend the rules Quorum Calls—Votes: One yea-and-nay vote de- and pass the following measures: veloped during the proceedings of the House today FSC Repeal and Extraterritorial Income Exclu- and appears on pages H11900–01. There were no sion Act: Agreed to the Senate amendment to H.R. quorum calls. 4986, to amend the Internal Revenue Code of 1986 Adjournment: The House met at 9 a.m. and pursu- to repeal the provisions relating to foreign sales cor- ant to the provisions of H. Con. Res. 442, adjourned porations (FSCs) and to exclude extraterritorial in- at 6:47 p.m. until 2 p.m. on Monday, December 4. come from gross income (agreed to by a yea and nay vote of 316 yeas to 72 nays with 1 voting ‘‘present’’, Roll No. 597)—clearing the measure for the Presi- Committee Meetings dent; and Pages H11881±99, H11900±01 No committee meetings were held. Prohibition of Gaming on Certain Indian Trust f Lands in California: H.R. 5477, to provide that gaming shall not be allowed on certain Indian trust NEW PUBLIC LAWS lands in California that were purchased with certain Federal grant funds. Agreed to amend the title. (For last listing of Public Laws, see DAILY DIGEST, p. D 1168) Pages H11899±H11900 H.R. 209, to improve the ability of Federal agencies to license federally owned inventions. Signed Conditional Adjournment or Recess of the Con- Nov. 1, 2000. (P.L. 106–404) gress: The House agreed to H. Con. Res. 442, pro- H.R. 2607, to promote the development of the viding for a conditional adjournment of the House commercial space transportation industry, to author- of Representatives and a conditional recess or ad- ize appropriations for the Office of the Associate Ad- journment of the Senate. Page H11901 ministrator for Commercial Space Transportation, to District of Columbia Appropriations: The House authorize appropriations for the Office of Space passed H.R. 5633, making appropriations for the Commercialization. Signed Nov. 1, 2000. (P.L. government of the District of Columbia and other 106–405) activities chargeable in whole or in part against the H.R. 2961, to amend the Immigration and Na- revenues of said District for the fiscal year ending tionality Act to authorize a 3-year pilot program September 30, 2001, by unanimous consent. under which the Attorney General may extend the Page H11901 period for voluntary departure in the case of certain Speaker pro Tempore: Read a letter from the nonimmigrant aliens who require medical treatment Speaker wherein he appointed Representative Wolf in the United States and were admitted under the to act as Speaker pro tempore to sign enrolled bills Visa Waiver Pilot Program. Signed Nov. 1, 2000. and joint resolutions through December 4. (P.L. 106–406) Page H11915 H.R. 3069, to authorize the Administrator of General Services to provide for redevelopment of the Resignations—Appointments: Agreed that not- Southeast Federal Center in the District of Colum- withstanding any adjournment of the House until bia. Signed Nov. 1, 2000. (P.L. 106–407) Monday, December 4, 2000, the Speaker, Majority H.R. 3671, to amend the Pittman-Robertson Leader and Minority Leader be authorized to accept Wildlife Restoration Act and the Dingell-Johnson resignations and to make appointments authorized Sport Fish Restoration Act to enhance the funds by law or by the House. Page H11915 available for grants to States for fish and wildlife Calendar Wednesday: Agreed that business in conservation projects, to reauthorize and amend the order under the calendar Wednesday rule be dis- National Fish and Wildlife Foundation Establish- pensed with on Wednesday, December 6, 2000. ment Act, to commemorate the centennial of the es- Page H11915 tablishment of the first national wildlife refuge in

VerDate 11-MAY-2000 03:22 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14NO0.REC pfrm04 PsN: D14NO0 November 14, 2000 CONGRESSIONAL RECORD — DAILY DIGEST D1181 the United States on March 14, 1903. Signed Nov. programs providing educational benefits under that 1, 2000. (P.L. 106–408) title. Signed Nov. 1, 2000. (P.L. 106–419) H.R. 4068, to amend the Immigration and Na- S. 1455, to enhance protections against fraud in tionality Act to extend for an additional three years the offering of financial assistance for college edu- the special immigrant religious worker program. cation. Signed Nov. 1, 2000. (P.L. 106–420) Signed Nov. 1, 2000. (P.L. 106-409) S. 1705, to direct the Secretary of the Interior to H.R. 4110, to amend title 44, United States enter into land exchanges to acquire from the private Code, to authorize appropriations for the National owner and to convey to the State of Idaho approxi- Historical Publications and Records Commission for mately 1,240 acres of land near the City of Rocks fiscal years 2002 through 2005. Signed Nov. 1, National Reserve, Idaho. Signed Nov. 1, 2000. (P.L. 2000. (P.L. 106–410) 106–421) H.R. 4320, to assist in the conservation of great S. 1707, to amend the Inspector General Act of apes by supporting and providing financial resources 1978 (5 U.S.C. App.) to provide that certain des- for the conservation programs of countries within the ignated Federal entities shall be establishments range of great apes and projects of persons with under such Act. Signed Nov. 1, 2000. (P.L. demonstrated expertise in the conservation of great 106–422) apes. Signed Nov. 1, 2000. (P.L. 106–411) S. 2102, to provide to the Timbisha Shoshone H.R. 4835, to authorize the exchange of land be- Tribe a permanent land base within its aboriginal tween the Secretary of the Interior and the Director homeland. Signed Nov. 1, 2000. (P.L. 106–423) of Central Intelligence at the George Washington S. 2412, to amend title 49, United States Code, Memorial Parkway in McLean, Virginia. Signed to authorize appropriations for the National Trans- Nov. 1, 2000. (P.L. 106–412) portation Safety Board for fiscal years 2000, 2001, H.R. 4850, to increase, effective as of December 2002, and 2003. Signed Nov. 1, 2000. (P.L. 1, 2000, the rates of compensation for veterans with 106–424) service-connected disabilities and the rates of de- S. 2917, to settle the land claims of the Pueblo of Santo Domingo. Signed Nov. 1, 2000. (P.L. pendency and indemnity compensation for the sur- 106–425) vivors of certain disabled veterans. Signed Nov. 1, H.J. Res. 123, making further continuing appro- 2000. (P.L. 106–413) priations for the fiscal year 2001. Signed Nov. 3, H.R. 5164, to amend title 49, United States 2000. (P.L. 106–426) Code, to require reports concerning defects in motor H.J. Res. 124, making further continuing appro- vehicles or tires or other motor vehicle equipment in priations for the fiscal year 2001. Signed Nov. 4, foreign countries. Signed Nov. 1, 2000. (P.L. 2000. (P.L. 106–427) 106–414) H.J. Res. 84, making further continuing appro- H.R. 5234, to amend the Hmong Veterans’ Natu- priations for the fiscal year 2001. Signed Nov. 4, ralization Act of 2000 to extend the applicability of 2000. (P.L. 106–428) that Act to certain former spouses of deceased H.R. 4811, making appropriations for foreign op- Hmong veterans. Signed Nov. 1, 2000. (P.L. erations, export financing, and related programs for 106–415) the fiscal year ending September 30, 2001. Signed H.J. Res. 122, making further continuing appro- Nov. 6, 2000. (P.L. 106–429) priations for the fiscal year 2001. Signed Nov. 1, H.R. 5178, to require changes in the bloodborne 2000. (P.L. 106–416) pathogens standard in effect under the Occupational S. 406, to amend the Indian Health Care Im- Safety and Health Act of 1970. Signed Nov. 6, provement Act to make permanent the demonstra- 2000. (P.L. 106–430) tion program that allows for direct billing of medi- H.R. 468, to establish the Saint Helena Island care, medicaid, and other third party payors, and to National Scenic Area. Signed Nov. 6, 2000. (P.L. expand the eligibility under such program to other 106–431) tribes and tribal organizations. Signed Nov. 1, 2000. H.R. 1725, to provide for the conveyance by the (P.L. 106–417) Bureau of Land Management to Douglas County, S. 1296, to designate portions of the lower Dela- Oregon, of a county park and certain adjacent land. ware River and associated tributaries as a component Signed Nov. 6, 2000. (P.L. 106–432) of the National Wild and Scenic Rivers System. H.R. 3218, to amend title 31, United States Signed Nov. 1, 2000. (P.L. 106–418) Code, to prohibit the appearance of Social Security S. 1402, to amend title 38, United States Code, account numbers on or through unopened mailings to increase amounts of educational assistance for vet- of checks or other drafts issued on public money in erans under the Montgomery GI Bill and to enhance the Treasury. Signed Nov. 6, 2000. (P.L. 106–433)

VerDate 11-MAY-2000 03:22 Nov 15, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14NO0.REC pfrm04 PsN: D14NO0 D1182 CONGRESSIONAL RECORD — DAILY DIGEST November 14, 2000 H.R. 3657, to provide for the conveyance of a H.R. 5273, to clarify the intention of the Con- small parcel of public domain land in the San gress with regard to the authority of the United Bernardino National Forest in the State of California. States Mint to produce numismatic coins. Signed Signed Nov. 6, 2000. (P.L. 106–434) Nov. 6, 2000. (P.L. 106–445) H.R. 3679, to provide for the minting of com- H.R. 5314, to require the immediate termination memorative coins to support the 2002 Salt Lake of the Department of Defense practice of euthanizing Olympic Winter Games and the programs of the military working dogs at the end of their useful United States Olympic Committee. Signed Nov. 6, working life and to facilitate the adoption of retired 2000. (P.L. 106–435) military working dogs by law enforcement agencies, H.R. 4315, to designate the facility of the United former handlers of these dogs, and other persons ca- States Postal Service located at 3695 Green Road in pable of caring for these dogs. Signed Nov. 6, 2000. Beachwood, Ohio, as the ‘‘Larry Small Post Office (P.L. 106–446) Building’’. Signed Nov. 6, 2000. (P.L. 106–436) S. 614, to provide for regulatory reform in order H.R. 4404, to permit the payment of medical ex- to encourage investment, business, and economic de- penses incurred by the United States Park Police in velopment with respect to activities conducted on the performance of duty to be made directly by the Indian lands. Signed Nov. 6, 2000. (P.L. 106–447) National Park Service, to allow for waiver and in- S. 2812, to amend the Immigration and Nation- demnification in mutual law enforcement agreements ality Act to provide a waiver of the oath of renunci- between the National Park Service and a State or po- ation and allegiance for naturalization of aliens hav- litical subdivision when required by State law. ing certain disabilities. Signed Nov. 6, 2000. (P.L. Signed Nov. 6, 2000. (P.L. 106–437) 106–448) H.R. 4450, to designate the facility of the United S. 3062, to modify the date on which the Mayor States Postal Service located at 900 East Fayette of the District of Columbia submits a performance Street in Baltimore, Maryland, as the ‘‘Judge Harry accountability plan to Congress. Signed Nov. 6, Augustus Cole Post Office Building’’. Signed Nov. 2000. (P.L. 106–449) 6, 2000. (P.L. 106–438) H.R. 1651, to amend the Fishermen’s Protective H.R. 4451, to designate the facility of the United Act of 1967 to extend the period during which re- States Postal Service located at 1001 Frederick Road imbursement may be provided to owners of United in Baltimore, Maryland, as the ‘‘Frederick L. Dew- States fishing vessels for costs incurred when such a berry, Jr. Post Office Building’’. Signed Nov. 6, vessel is seized and detained by a foreign country. 2000. (P.L. 106–439) Signed November 7, 2000. (P.L. 106–450) H.R. 4625, to designate the facility of the United H.R. 2442, to provide for the preparation of a States Postal Service located at 2108 East 38th Street Government report detailing injustices suffered by in Erie, Pennsylvania, as the ‘‘Gertrude A. Barber Italian Americans during World War II, and a for- Post Office Building’’. Signed Nov. 6, 2000. (P.L. mal acknowledgment of such injustices by the Presi- 106–440) dent. Signed November 7, 2000. (P.L. 106–451) H.R. 4786, to designate the facility of the United H.R. 4831, to redesignate the facility of the States Postal Service located at 110 Postal Way in United States Postal Service located at 2339 North Carrollton, Georgia, as the ‘‘Samuel P. Roberts Post California Avenue in Chicago, Illinois, as the ‘‘Ro- Office Building’’. Signed Nov. 6, 2000. (P.L. berto Clemente Post Office’’. Signed November 7, 106–441) 2000. (P.L. 106–452) H.R. 4957, to amend the Omnibus Parks and H.R. 4853, to redesignate the facility of the Public Lands Management Act of 1996 to extend United States Postal Service located at 1568 South the legislative authority for the Black Patriots Foun- Green Road in South Euclid, Ohio, as the ‘‘Arnold dation to establish a commemorative work. Signed C. D’Amico Station’’. Signed November 7, 2000. Nov. 6, 2000. (P.L. 106–442) (P.L. 106–453) H.R. 5083, to extend the authority of the Los An- H.R. 5229, to designate the facility of the United geles Unified School District to use certain park States Postal Service located at 219 South Church lands in the city of South Gate, California, which Street in Odum, Georgia, as the ‘‘Ruth Harris Cole- were acquired with amounts provided from the land man Post Office’’. Signed November 7, 2000. (P.L. and water conservation fund, for elementary school 106–454) purposes. Signed Nov. 6, 2000. (P.L. 106–443) S. 501, to address resource management issues in H.R. 5157, to amend title 44, United States Glacier Bay National Park, Alaska. Signed Novem- Code, to ensure preservation of the records of the ber 7, 2000. (P.L. 106–455) Freedmen’s Bureau. Signed Nov. 6, 2000. (P.L. S. 503, designating certain land in the San Isabel 106–444) National Forest in the State of Colorado as the

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‘‘Spanish Peaks Wilderness’’. Signed November 7, S. 2300, to amend the Mineral Leasing Act to in- 2000. (P.L. 106–456) crease the maximum acreage of Federal leases for coal S. 835, to encourage the restoration of estuary that may be held by an entity in any 1 State. Signed habitat through more efficient project financing and November 7, 2000. (P.L. 106–463) enhanced coordination of Federal and non-Federal S. 2719, to provide for business development and restoration programs. Signed November 7, 2000. trade promotion for Native Americans. Signed No- (P.L. 106–457) vember 7, 2000. (P.L. 106–464) S. 1088, to authorize the Secretary of Agriculture S. 2950, to authorize the Secretary of the Interior to convey certain administrative sites in national for- to establish the Sand Creek Massacre Historic Site in ests in the State of Arizona, to convey certain land the State of Colorado. Signed November 7, 2000. to the City of Sedona, Arizona for a wastewater treatment facility. Signed November 7, 2000. (P.L. (P.L. 106–465) 106–458) S. 3022, to direct the Secretary of the Interior to S. 1211, to amend the Colorado River Basin Sa- convey certain irrigation facilities to the Nampa and linity Control Act to authorize additional measures Meridian Irrigation District. Signed November 7, to carry out the control of salinity upstream of Im- 2000. (P.L. 106–466) perial Dam in a cost-effective manner. Signed No- f vember 7, 2000 (P.L. 106–459) S. 1218, to direct the Secretary of the Interior to NEW PRIVATE LAW issue to the Landusky School District, without con- H.R. 3646, for the relief of certain Persian Gulf sideration, a patent for the surface and mineral es- evacuees. Signed November 7, 2000. (P.L. 106–8) tates of certain lots. Signed November 7, 2000. (P.L. 106–460) f S. 1275, to authorize the Secretary of the Interior COMMITTEE MEETINGS FOR WEDNESDAY, to produce and sell products and to sell publications relating to the Hoover Dam, and to deposit revenues NOVEMBER 15, 2000 generated from the sales into the Colorado River Senate Dam fund. Signed November 7, 2000. (P.L. No meetings/hearings scheduled. 106–461) S. 1586, to reduce the fractionated ownership of House Indian Lands. Signed November 7, 2000. (P.L. 106–462) No meetings scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Tuesday, December 5 2 p.m., Monday, December 4

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 12:30 p.m.), Senate expects to consider a further continuing resolution. Also, Senate may consider any other cleared legislative and executive business.

Extensions of Remarks, as inserted in this issue

HOUSE Kennedy, Patrick J., R.I., E2093, E2094 Price, David E., N.C., E2101 Kingston, Jack, Ga., E2097 Sanford, Marshall ‘‘Mark’’, S.C., E2093, E2094 Barton, Joe, Tex., E2104 Kucinich, Dennis J., Ohio, E2093, E2094, E2095 Schaffer, Bob, Colo., E2093, E2095, E2104 Boyd, Allen, Fla., E2097 McCarthy, Carolyn, N.Y., E2097 Skelton, Ike, Mo., E2098 Carson, Julia, Ind., E2096, E2099 McGovern, James P., Mass., E2094, E2095 Stenholm, Charles W., Tex., E2103 Conyers, John, Jr., Mich., E2105 McKinney, Cynthia A., Ga., E2102 Underwood, Robert A., Guam, E2099 Davis, Danny K., Ill., E2097 Millender-McDonald, Juanita, Calif., E2098 Udall, Tom, N.M., E2098 Etheridge, Bob, N.C., E2098 Moran, James P., Va., E2103 Walsh, James T., N.Y., E2103 Gillmor, Paul E., Ohio, E2097, E2099 Napolitano, Grace F., Calif., E2098 Gilman, Benjamin A., N.Y., E2100 Ortiz, Solomon P., Tex., E2101

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