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, OCTOBER 10, 2000 No. 125 House of Representatives The House met at 12:30 p.m. and was H.R. 3454. An act to designate the United Maryland, as the ‘‘Everett Alvarez, Jr. Post called to order by the Speaker pro tem- States post office located at 451 College Office Building.’’ pore (Mrs. BIGGERT). Street in Macon, Georgia, as the ‘‘Henry H.R. 4517. An act to designate the facility McNeal Turner Post Office’’. of the United States Postal Service located f H.R. 3909. An act to designate the facility at 24 Tsienneto Road in Derry, New Hamp- DESIGNATION OF SPEAKER PRO of the United States Postal Service located shire, as the ‘‘Alan B. Shepard, Jr. Post Of- at 4601 South Cottage Grove Avenue in Chi- fice Building’’. TEMPORE cago, Illinois, as the ‘‘Henry W. McGee Post H.R. 4534. An act to designate the facility The SPEAKER pro tempore laid be- Office Building’’. of the United States Postal Service located fore the House the following commu- H.R. 3985. An act to redesignate the facil- at 114 Ridge Street, N.W. in Lenoir, North nication from the Speaker: ity of the United States Postal Service lo- Carolina, as the ‘‘James T. Broyhill Post Of- cated at 14900 Southwest 30th Street in fice Building’’. WASHINGTON, DC, Miramar, Florida, as the ‘‘Vicki Coceano H.R. 4554. An act to designate the facility October 10, 2000. Post Office Building’’. of the United Sates Postal Service located at I hereby appoint the Honorable JUDY H.R. 4157. An act to designate the facility 1602 Frankford Avenue in Philadelphia, BIGGERT to act as Speaker pro tempore on of the United States Postal Service located Pennsylvania, as the ‘‘Joseph F. Smith Post this day. at 600 Lincoln Avenue in Pasadena, Cali- Office Building’’. J. DENNIS HASTERT, fornia, as the ‘‘Matthew ‘Mack’ Robinson H.R. 4615. An act to redesignate the facility Speaker of the House of Representatives. Post Office Building’’. of the United States Postal Service located f H.R. 4169. An act to designate the facility at 3030 Meredith Avenue in Omaha, Ne- of the United States Postal Service located braska, as the ‘‘Reverend J.C. Wade Post Of- MESSAGE FROM THE SENATE at 2000 Vassar Street in Reno, Nevada, as the fice’’. A message from the Senate by Mr. ‘‘Barbara F. Vucanovich Post Office Build- H.R. 4658. An act to designate the facility Cheek, one of its clerks, announced ing’’. of the United States Postal Service located that the Senate has passed without H.R. 4447. An act to designate the facility at 301 Green Street in Fayetteville, North of the United States Postal Service located amendment bills of the House of the Carolina, as the ‘‘J.L. Dawkins Post Office at 919 West 34th Street in Baltimore, Mary- Building’’. following titles: land, as the ‘‘Samuel H. Lacy, Sr. Post Office H.R. 4884. An act to redesignate the facil- H.R. 2302. An act to designate the building Building’’. ity of the United States Postal Service lo- of the United States Postal Service located H.R. 4448. An act to designate the facility cated at 200 West 2nd Street in Royal Oak, at 307 Main Street in Johnson City, New of the United States Postal Service located Michigan, as the ‘‘William S. Broomfield York, as the ‘‘James W. McCabe, Sr. Post Of- at 3500 Dolefield Avenue in Baltimore, Mary- Post Office Building’’. fice Building’’. land, as the ‘‘Judge Robert Bernard Watts, H.R. 4975. An act to designate the post of- H.R. 2938. An act to designate the facility Sr. Post Office Building’’. fice and courthouse located at 2 Federal of the United States Postal Service located H.R. 4449. An act to designate the facility Square, Newark, New Jersey, as the ‘‘Frank at 424 South Michigan Street in South Bend, of the United States Postal Service located R. Lautenberg Post Office and Courthouse’’. Indiana, as the ‘‘John Brademas Post Of- at 1908 North Ellamont Street in Baltimore, The message also announced that the fice’’. Maryland, as the ‘‘Dr. Flossie McClain H.R. 3030. An act to designate the facility Dedmond Post Office Building’’. Senate has passed bills and a concur- of the United States Postal Service located H.R. 4484. An act to designate the facility rent resolution of the following titles at 757 Warren Road in Ithaca, New York, as of the United States Postal Service located in which the concurrence of the House the ‘‘Matthew F. McHugh Post Office’’. at 500 North Washington Street in Rockville, is respected:

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

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VerDate 02-OCT-2000 02:44 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 8633 E:\CR\FM\A10OC7.000 pfrm01 PsN: H10PT1 H9508 CONGRESSIONAL RECORD — HOUSE October 10, 2000 S. 1756. An act to enhance the ability of the several fronts has been so overwhelm- which was forced to defend itself in a National Laboratories to meet Department ingly rejected. war, which gained some territory in of Energy missions, and for other purposes. We had the spectacle of an Israeli those self-defense wars, and is now vol- S. 2686. An act to amend chapter 36 of title withdrawal in Lebanon which the Arab untarily giving up much of that terri- 39, United States Code, to modify rates relat- ing to reduced rate mail matter, and for states had long called for being treated tory, I do not think there is an exam- other purposes. almost as if it were a further error by ple in history of a nation forced to de- S. 2804. An act to designate the facility of Israel. The effort by Israel to be concil- fend itself and picking up adjacent ter- the United States Postal Service located at iatory there brought the worst kind of ritory being as conciliatory as the 424 South Michigan Street in South Bend, In- brutal reaction. Israelis have been. And if in fact this diana, as the ‘‘John Brademas Post Office’’. With regard to the Palestinians, let approach, such a willingness to make S. 3062. An act to modify the date on which us be clear what the situation is. Fifty- peace, is so bitterly rejected, if in fact the Mayor of the District of Columbia sub- two years ago, when the U.N. declared what we are seeing, and we are told mits a performance accountability plan to that there should be two states in the Congress, and for other purposes. this is not just anger over Sharon, S. Con. Res. 145. Concurrent resolution ex- area, a Jewish state and a Palestinian anger over a particular this or that or pressing the sense of Congress on the pro- state, the overwhelming reaction of the the settlement, but a frustration and a priety and need for expeditious construction Arabs was to reject that and to seek to rejection of the whole notion of peace, of the National World War II Memorial at destroy the Jewish state. Over the en- then that is a sad lesson we have to the Rainbow Pool on the National Mall in suing years, Israel was forced time and draw. the Nation’s Capitol. again to defend itself. In the course of I think the policy of the United f that effort, it grew. It grew to try to States government ought to be very MORNING HOUR DEBATES get more defensible borders; but in clear: Israel has a right to exist. It has every case, it was acting in self-de- a right to make policies in the peace- The SPEAKER pro tempore. Pursu- fense. making process that leave it defensible ant to the order of the House of Janu- What then happened was the govern- and that protect its right to maintain ary 19, 1999, the Chair will now recog- ment of Prime Minister Barak decided control and sovereignty in Jerusalem; nize Members from lists submitted by to build on previous peacemaking ef- and, if in fact, as good a settlement as the majority and minority leaders for forts of the government of Begin and of Barak offered is met with this sort of morning hour debates. The Chair will others and tried to make an ultimate rejection, our response should be to be alternate recognition between the par- agreement with the Palestinians, and totally supportive of the government of ties, with each party limited to not to the Barak government went further in Israel’s position. exceed 30 minutes, and each Member, its offer than anyone thought it was except the majority leader, the minor- possible for the Israeli society to sup- f ity leader, or the minority whip, lim- port. Israel is a democracy, and you ited to not to exceed 5 minutes. need public support. But they obvi- GENERAL LEAVE The Chair recognizes the gentleman ously felt, those in power in Israel, and Mr. SMITH of Michigan. Madam from Massachusetts (Mr. FRANK) for 5 I commend them for it, that it was Speaker, I ask unanimous consent that minutes. worth some extra push to try to get all Members may have 5 legislative f peace. days within which to revise and extend Unfortunately, the result apparently U.S. SHOULD BE RESPONSIVE TO their remarks and include extraneous was not simply a rejection of the spe- ISRAELI POSITION IN MIDDLE material on the subject matter of the cific offer with the wholly unrealistic EAST CONFLICT remarks to be presented by the gen- demand that a democratically elected tleman from Virginia (Mr. WOLF). Mr. FRANK of Massachusetts. government of Israel give up physical The SPEAKER pro tempore. Is there Madam Speaker, I am here to express and legal sovereignty over parts of Je- objection to the request of the gen- my disagreement with the decision of rusalem, an impossibility, but also now tleman from Michigan? the President of the United States to with an assault on the government of There was no objection. have the United States abstain on a Israel by the Palestinians, which we resolution that was unfairly critical of are told is motivated by a distrust of f the State of Israel in the U.N. Security the peace process, by a denial of IN TRIBUTE TO RETIRING AND Council. I recognize that the adminis- Israel’s legitimacy. tration worked hard using the threat of We are not here talking about tac- DECEASED VIRGINIA MEMBERS a veto to make that resolution less ob- tical issues. We are not talking about a The SPEAKER pro tempore. Under noxious, but it was still mistaken, and reaction by the decision of Ariel Shar- the Speaker’s announced policy of Jan- I want to express why I think so. on to be provocative, and I wish he had uary 19, 1999, the gentleman from Vir- It was mistaken on two levels. First not decided to be provocative, but he ginia (Mr. WOLF) is recognized during of all, on its own terms it was unfair. had a legal right to do that, and cer- morning hour debates for 5 minutes. Yes, Israeli forces and Jewish residents tainly the reaction to it is not now a Mr. WOLF. Madam Speaker, it is my of Israel have in this terrible turmoil, reaction to Ariel Sharon’s visit; it is a distinct privilege to rise today and to some of them, done things they should manifestation of great hostility on the join fellow members of the Virginia not have done. Violence is not easily part of much of the Arab world to the delegation in paying tribute to two re- controllable. But there have also been very existence of Israel, and that is the tiring colleagues and to honor the terrible acts of violence, unjustified ultimate tragedy. memory of our late colleague, Con- and provoked, on the part of the Pal- Some in Israel and elsewhere thought gressman Herb Bateman. estinians, and, in Lebanon, on the part the Barak government went too far in TOM BLILEY came to Congress with of Hezbollah, and a resolution which its efforts. I think the current situa- me in 1981. It has been an honor to puts all the blame on one side when tion vindicates them in this sense: it serve side by side with him for the last there are mistakes made on both sides may well be that what we are seeing is 20 years. TOM has been a fitting match is wrong. an outburst of hostility towards the for Virginia’s seventh district, which But it is even more inaccurate and very existence of Israel as a Jewish includes the city of Richmond, as it is inadequate because it focuses too much state that was there and was going to a district replete with a tradition of on the tactical and not on the central come in any case. Had it come a couple true statesmen. point. The central point is that the of years ago, there would have been TOM will leave the Congress having government of Israel has been for the people saying, well, the Israelis should served as chairman of the Committee past year engaged in the most forth- have been willing to try to make peace. on Commerce, a responsibility he has coming peace offers in the history of When it comes now, with the Barak taken very seriously and has performed the Middle East, and the tragedy is government having been so forth- with incredible legislative skills and that this outreach on the part of the coming, so conciliatory, and, remem- expertise. He has shown an amazing Israeli government to make peace on ber, we are talking here about a state ability to deal with such complex

VerDate 02-OCT-2000 02:44 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.003 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9509 issues as the electric utility grid, Medi- the Virginia Delegation, TOM BLILEY, OWEN tion of natural resources and the environment care formulas to home medical serv- PICKETT, and the late Herb Bateman for their must be a national priority. Virginia Beach and ices, and discounts for veterans, as well many years of public service to Virginia and to the Chesapeake Bay are considered some of as telecommunication legislation. this nation. the finest natural resources on the East Coast TOM’s has been a diverse political ex- Madam Speaker, for over 20 years now, the because of his commitment to the environ- perience before even making his way to 7th congressional district has been ably rep- ment. As we head into the final weeks of this Capitol Hill. He was first elected to the resented by Congressman TOM BLILEY. As the legislative session, Mr. Speaker, OWEN will no Richmond council as a conservative three term chairman of the powerful Com- doubt continue to demonstrate his leadership Democrat in 1968, then as Mayor of merce Committee, he has been dedicated to in the House of all the issues important to us Richmond from 1970 to 1972, and even- the task of ensuring that our system of free in the Tidewater and across Virginia. tually to the House of Representatives, enterprise in the United States continues to Madam Speaker, I would also like to take a this time as a Republican. His unique lead the rest of the world in this ever changing moment to say a few words about our late col- background has enabled him to work to global economy. league and dear friend Herb Bateman. If not achieve bipartisan results, while never In addition to championing such legislative for his untimely death late last month, we losing sight of the issues which are im- initiatives as the Food and Drug Administration would be standing here today to also wish him portant to his districts. Act and the Food Safety and Safe Drinking well in his retirement with his departing col- OWEN PICKETT has been a Member of Water while chairman, TOM BLILEY was at the leaguesÐTOM and OWEN. this body for 14 years, having been first helm when the engine of economic growth Herb was a conscientious and effective leg- elected to Congress in 1986. OWEN has switched from capital intensive brick and mor- islator during his service as a member of the deep ties to the Commonwealth. He is a tar facilities to electronic commerce. The result Virginia General Assembly and for the past 18 graduate of Virginia Tech and the Uni- of his leadership was the landmark 1996 Tele- years as the Representative of the 1st Con- versity of Richmond Law School. He communications Act which removed regulatory gressional District of Virginia. Herb's leader- was elected to the Virginia House of barriers to competition in the telecommuni- ship on the Armed Services Committee and in Delegates in 1971, where he earned a cations marketplace. the area of aeronautics research funding will reputation as a fiscal conservative and Madam Speaker, I have had the good for- be sorely missed. His hard work over the he served as State Democratic Chair- tune to work side by side with TOM BLILEY for years will have a lasting impact on the military man in 1981. the past 8 years. Because we represent readiness of our Nation's armed services and Congressman PICKETT, the ranking neighboring districts and share the city of space and aeronautics program. Democrat on the Subcommittee on Richmond and parts of Henrico County, I have Madam Speaker, while we may disagree on Military Research and Development, been privileged to work with him on several certain national issues, the members of the has consistently placed the best inter- initiatives that have been instrumental in open- Virginia Delegation has always been proud of ests of his constituency and of the ing up new avenues for Virginia commerce. our ability to reach across the aisle and work country ahead of partisan differences. TOM and I worked together to see that the together in a bipartisan manner on issues af- He has been a faithful watchdog on be- James River and the Kanawha Canal river fecting the Commonwealth. During the 8 years half our Nation’s military, and a con- front project became a reality. This project re- I have served in the House, we have met sistent advocate of fiscal responsibility stored a portion of the historic canal through once a month for lunch to discuss those and a balanced budget, even when such the city of Richmond which is the main hub for pressing issues such as Base Realignment notions were less than fashionable. the revitalization of the Historic Riverfront. And and Closing, the ports, and funding for NASA. Finally, our dear friend, Herb Bate- I am particularly grateful for his work on our There is no doubt in my mind that Virginia has man, faithfully served the people of bill which authorizes the Richmond National benefited from having us working together on Virginia’s First Congressional District, Battlefield Park. It includes the recognition of these issues. and beamed with pride in calling his and support for a monument to commemorate The loss of Representatives BLILEY, PICKETT District ‘‘America’s first district.’’ the Battle of New Market Heights which was and Bateman will be sorely felt. However, they Herb worked tirelessly for the first a landmark in black military history. We are have left the remaining members of the Dele- district for 18 years. He had deep ties both hoping that Congress will act on this im- gation a legacy of bipartisanship and civility to his district, having practiced law in portant legislation before the end of the ses- that will be long remembered. Newport News and attended the College sion. Mr. MORAN of Virginia. Madam Speaker, I of William and Mary. As chairman of Madam Speaker, we also rise today to say rise today to recognize two of my esteemed the Subcommittee on Military Readi- goodbye to another good friend and colleague, colleagues from the Commonwealth of Virginia ness of the Committee on Armed Serv- OWEN PICKETT who represents the 2d Con- who are retiring from the House this year, and ices, he was a steady champion for our gressional District of Virginia. For nearly 29 to honor Congressman Herb Bateman, who men and women in uniform, not only in years, OWEN PICKETT has worked tirelessly we were not able to recognize before his the Tidewater region, but throughout and selflessly for the residents of this commu- passing last month. the Nation and around the world. He nity and this nation. Fifteen of those years he Virginia has benefited enormously by their recognized that peace was best main- spent in the General Assembly and for 14 lifetime of public service. As a delegation, we tained through strength. As a loyal de- years now, he has represented the 2d Con- are losing some of the finest Members of this fender of those who defend us, he gressional District of Virginia in the House of Congress. I know I am accompanied by many worked for the best interests of those Representatives. other friends and colleagues who share a currently in uniform, as well as for As a member of the Armed Services Com- deep respect and gratitude for their years of those who have retired from the service mittee, where he is the ranking Democrat on friendship and service. of their country. the Subcommittee on Military Research and TOM BLILEY was first elected to this body in It is with mixed emotion that I offer Development and where he also serves on the 1980, after a successful career as a business- tribute to these three true Virginia Readiness Subcommittee, he has been a man and serving on the city council and later gentlemen. I am thankful to have had staunch advocate of military supremacy ensur- as mayor of Richmond. Throughout his service the honor to serve with them in this ing that our military has the equipment and in Congress, TOM BLILEY has been a strong distinguished body, but am saddened at programs necessary to carry forth its mission. advocate of fiscal responsibility, the free mar- the prospect of their departure. We And just as important, OWEN has been a ket and consumer choice. As chairman of the shall all truly miss their wise counsel champion of the quality of life issues affecting House Commerce Committee for the past and unwavering commitment to high military familiesÐrecognizing that three terms, he has steered some of the most ideals. Each of these gentlemen epito- servicemembers cannot effectively do their job significant legislation through Congress in re- mize the highest ideals of public serv- unless they know their families are well taken cent years. ice. care of. The military community in Hampton Chairman BLILEY has also served as the I wish TOM and OWEN godspeed in Roads will miss OWEN and his steadfast advo- dean of the Virginia delegation and, true to their retirement and thank them for cacy on their behalf. this role, he has been a leader to all of our their years of service to the Common- As a member of the Committee on Re- Members. We have all enjoyed his friendship wealth of Virginia and to the Nation. sources which has jurisdiction for environ- and great sense of humor. I would like to Mr. SCOTT. Madam Speaker, I rise to join mental issues, OWEN has fought hard to re- share one small example of his leadership. my colleagues in honoring three members of mind his colleagues in Congress the protec- Just the other day, I went to Chairman BLILEY

VerDate 02-OCT-2000 02:44 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 9920 E:\CR\FM\K10OC7.057 pfrm01 PsN: H10PT1 H9510 CONGRESSIONAL RECORD — HOUSE October 10, 2000 to seek his committee's support for a bill (H. area, which ranks first in export tonnage Mr. BLILEY has been a pragmatist, willing to Con. Res. 133) that I sponsored to promote among the nation's Atlantic ports. broker deals behind closed doors with colorectal cancer screening and prevention. The U.S. Navy Atlantic Fleet berthed in its ideologic foes and friends alike. The result of The Chairman quickly offered his assistance home port of Norfolk is one of the greatest the Chairman's reign the committee has be- and steered the bill to the House floor for con- awe-inspiring sights in America, or anywhere. come one of the most constructive in Con- sideration. It is this kind of initiative and lead- The aggregation of destructive power in the gress: Promoting free and fair markets, stand- ership that has earned him great respect line of towering gray ships is probably greater ing for consumer choice and common sense among his colleagues on both sides of the than that of any single port in history. Over safeguards for our health and the environ- aisle. 100 ships are based here, with some 100,000 ment, and keeping a watchful eye on the Fed- It has also been an honor for me to serve sailors and Marines, some $2 billion in annual eral bureaucracy. As chairman, Mr. BLILEY is with OWEN PICKETT during the past 10 years. spending. For these reasons, Congressman an ex officio member of the five Commerce Mr. PICKETT is a true gentleman. Throughout PICKETT has been an outspoken advocate for Committee subcommittees: Telecommuni- his service, OWEN has worked tirelessly and a strong, technologically superior military and cations, Trade, and Consumer Protection; Fi- effectively not only for people in southern Vir- has been tenacious in supporting military nance and Hazardous Materials; Health and ginia, but for our entire nation. He has cham- bases in his district. Mr. Pickett, together with Environment; Energy and Power; and Over- pioned the interests of our nation's military, Senator JOHN WARNER and the late Congress- sight and Investigation. and the men and women who wear the uni- man Herbert H. Bateman, have provided tre- A pleasant, soft spoken mortician, the chair- form of the United States. He has been a par- mendous leadership on behalf of Virginia. man started his political career in 1968 when ticularly strong advocate for the Navy and for Other issues on which he has taken a strong civil leaders sought him out to run for the our commercial maritime interests. position are the U.S.-flag merchant fleet, pri- Richmond City Council. He served the city for OWEN has also been uncompromising in his vate property rights, public education, veterans almost a decade, not only on the city council, insistence that government be fiscally dis- programs and a balanced Federal budget. but also as vice mayor and then becoming ciplined, a trait which he probably acquired Mr. PICKETT was born in Hanover County, mayor until 1977, when he retired to devote during his long service in the Virginia House of VA, outside Richmond on August 31, 1930 more time to his funeral home. However, the Delegates. The fact that he is retiring at a time and was the youngest of three children. He at- Chairman was not out of politics for long. He of record surpluses is something fitting. It cer- tended the public school system and is a enthusiastically re-entered when Democrat tainly wasn't that way when he came to the graduate of Virginia Tech and the University of David Satterfield announced his retirement House in 1987. Richmond School of Law. He was first elected from Congress in 1980. Madam Speaker, this special order would to the U.S. Congress in 1986. With old Vir- not be complete without also recognizing the ginia roots, he was elected to the Virginia Since his first election to Congress, the lifetime of service by our colleague, Herb House of Delegates in 1971, at the age of 41, Chairman has been recognized by many orga- Bateman. He was the quintessential Virginia where he was known as a fiscal conservative nizations for his work. He has served in var- gentleman. He was unfailingly polite and gra- and for his hard work restructuring the State ious roles with the NATO Parliamentary As- cious to the people around him. He always retirement system. sembly. From November 1994 to October had a kind word for members and staff, and By the time Mr. PICKETT won the congres- 1998, he was chairman of the Economic Com- he was easy to approach on any issue. Herb sional seat vacated by retiring Republican G. mittee. In November 1998, he became one of embodied the spirit of civility and bipartisan- William Whitehurst in 1986, Mr. Pickett had al- the four Vice-Presidents; and, with the res- ship that we strive for, but achieve too infre- ready served as chairman of the state Demo- ignation of its President in May 2000, the quently here in the House. cratic Party, headed a Democratic presidential Chairman became Acting President. His com- These personal qualities help to explain why campaign in Virginia and served long enough mitment to balancing the Federal budget has Herb Bateman was so well liked on both sides in the state House of Delegates to be a senior earned him the National Watchdog of the of the aisle. Beyond his simple decency, Herb member of the Appropriations Committee. Treasury's ``Golden bulldog Award'' every year Bateman was a very effective member of Con- In the House, Mr. PICKETT showed his polit- since 1981. He has been named a ``Guardian gress. ical acumen by getting a new seat created for of Small Business'' by the National Federation He was a champion for the Navy, for its him on the National Security Committee and of Independent Business. He has been called shipbuilding program, and for the men and getting a seat on the old Merchant Marine the ``Most powerful Virginian since Harry Byrd'' women who serve in our Armed Forces. As a Committee as wellÐtwo crucial spots for any and the National Journal called him ``Mr. ranking member of the former House Mer- Norfolk Congressman. Much of Mr. PICKETT's Smooth.'' chant Marine and Fisheries Committee, Herb work has been in supporting Hampton Roads Born in Chesterfield County, VA, the Chair- was a forceful advocate for a strong U.S. mer- military bases and defense contractors, and man is a lifelong resident of the Richmond chant fleet and its role in our national security revitalizing the shipbuilding industry and mer- area. He earned his B.A. in history from and economic livelihood. Generations of Vir- chant marine. That work has been successful. Georgetown University and immediately fol- ginians will long appreciate his work to pro- Newport News Shipbuilding and Drydock has lowing served three years in the U.S. Navy, mote economic development in our State, both been building three Nimitz-class aircraft car- rising to the rank of lieutenant. as a member of Congress and the Senate of riers in the 1990s, and has effectively ensured Madam Speaker, I join with my fellow Vir- Virginia. that there is no industry monopoly on building ginian colleagues in thanking Chairman TOM Madam Speaker, all of us in the House will nuclear submarines. The Norfolk Navy Ship- BLILEY for his service to the Commonwealth certainly miss the service and dedication of yard under Mr. PICKETT's guidance has sur- and to our Nation. He has been a friend and these three great Virginia legislators. We wish vived four rounds of base-closings and calls a mentor to me, and he most certainly will be TOM and OWEN a bright and rewarding future for privatization. missed. and all the best to Herb's family. Madam Speaker, I join with my fellow Vir- Mr. DAVIS of Virginia. Madam Speaker, it is ginian colleagues in thanking Congressman Mr. GOODLATE. Madam Speaker, I rise my privilege to rise today to honor our col- OWEN PICKETT for his service to the Common- today to pay tribute to three fine Virginia gen- league, OWEN PICKETT of Virginia's 2d Con- wealth and to our Nation. tlemenÐTOM BLILEY, Herb Bateman, and gressional District. After 29 years of serving Madam Speaker, it is also my privilege to OWEN PICKETT. The United States House of the citizens of Virginia Beach and Norfolk, as rise today to honor our colleague, TOM BLILEY, Representatives is a better place because of well as the entire Commonwealth of Virginia, of Virginia's 7th Congressional District. After their selfless dedication and service to their Mr. PICKETT has decided to retire from the 32 years of serving the citizens of Richmond, country, and it has been my high honor and United States House of Representatives. as well as the entire Commonwealth of Vir- great privilege to serve with them. My colleague, Mr. PICKETT, is a member of ginia, Chairman BLILEY has decided to retire I would first like to mention my good friend, the Armed Services Committee and is the from the U.S. House of Representatives. colleague, tennis partner, and mentor TOM BLI- ranking member of the Subcommittee on Mili- Mr. BLILEY has been chairman of the House LEY. I have been friends with TOM for more tary Research and Development and serves Committee on Commerce for his last three than 20 years. When I was first elected to on the Readiness Subcommittee and the terms. He was handpicked by Speaker Newt Congress in 1992, TOM was instrumental in MWR Panel. The 2d congressional district is Gingrich over more senior members. He has helping me obtain a seat on the Judiciary heavily dependent on the massive concentra- declared himself a friend of big business and Committee, and has been a mentor to me tion of naval installations, shipbuilders and his agenda for the past 6 years has been, quit ever since. For the past 6 years, he has shipping firms in the Hampton Roads harbor simply to promote commerce. As chairman, served as chairman of the House Commerce

VerDate 02-OCT-2000 03:30 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 9920 E:\CR\FM\A10OC7.012 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9511 Committee, presiding over such landmark leg- got up from behind his desk, walked over to considered me part of the family. There islation as Securities Litigation Reform, mod- her, reached for her hand, gave her a kiss on aren’t too many places in America’s First ernization of the Food and Drug Administra- her cheek and then asked how her day was. District that he and I haven’t been to to- I quickly learned this wasn’t just a one-time gether, and there aren’t too many things we tion, and the Telecommunications Act. thing. Nothing was as important as making haven’t discussed. Of all the things that have It would not be possible for me to list here sure Laura had had a good day. I only wish been ingrained in my head over the last 10 all of the ways in which TOM has improved this I was half as attentive to the needs of my years, it’s that credibility is everything. House and the lives of every one of its Mem- wife. Once you lose your credibility, you lose ev- bers. Suffice it to say that I owe a debt of grat- Laura was the most important thing in erything. If people cannot take you at your itude to TOM BLILEY that I shall never be able Herb’s life. The two were inseparable. Wher- word, then your world is nothing. Perhaps ever Herb went, Laura went. Whether it was that explains why he was such an effective to repay. I wish TOM, his lovely wife Mary Vir- travel overseas, a trip to the Eastern Shore legislator, and why when he announced his ginia, and their family all the best in the com- or back and forth to Washington, the two of retirement last January, letters, faxes and e- ing days. them were always together. Laura was very mails poured into his office thanking him for The House of Representatives and our Na- important to Herb’s political career—par- his dedicated service. He got letters from Ad- tion as a whole suffered a great loss recently ticularly when it came to keeping names and mirals, Generals, captains of industry and with the passing of my dear friend and col- faces straight. Herb was terrible with names. politicians on both sides of the aisle. He got league Herb Bateman. Herb represented what He always insisted on name tags at every letters from long-time friends and associ- he referred to as America's first congressional event he hosted. Laura, on the other hand, is ates. And most significantly, he got letters the master of remembering names and faces. district, and did so with great conviction and from hundreds of his constituents. All them No matter where they were, or who they ran were effusive in their praise. dedication. My thoughts and prayers remain into, it is like instant recall. She can always Credibility meant everything to Herb Bate- with Herb's wife Laura and their children and place a name with a face. You politicians in man. I know that first hand. I know it guided grandchildren. He is sorely missed. the audience today should be jealous. I know each of his decisions, whether it was on a Herb was one of the most thoughtful Mem- one certain Chief of Staff who owes his con- controversial issue before Congress or a con- bers of Congress with whom I worked. I thor- gressional career to Laura because she re- tentious political issue. He would have been oughly enjoyed discussing issues with him, as membered his name and face. pleased to hear how his colleagues described Bert and Laura, you have no idea how him during Tuesday evening’s tribute on the he always had well-founded reasons for the proud your father was of you. Not a day went votes he cast. As a senior member of the floor of the House. I couldn’t help but smile by that he wasn’t telling me about how one as I saw Member after Member get up and Armed Services Committee and a former of you gotten a better job, or a promotion, or talk about his integrity. Perhaps Congress- member of the U.S. Air Force, Herb was com- had landed a big, new account. Bert, he was man Burton said it best: pletely committed to strengthening America's particularly proud of your desire—and com- ‘‘Herb was a man, who if he gave his word national security. Our men and women in uni- mitment—to make Newport News a better on anything, you could take it to the bank. form around the world owe a great debt of place to live and work. He was proud that Herb was not one of those guys that played gratitude to Herb Bateman. you were willing to give so much of yourself both sides of the fence. He was a man of in- to your community. And he also was proud tegrity—impeccable integrity—and one that And lastly, but certainly not least, OWEN of how good a husband—and father—you are. all of us respected.’’ PICKETT has been a very valued Member of Laura, nothing brought a bigger smile to More than anything else—any aircraft car- the House of Representatives whose service your father’s face than for him to run into rier, any submarine, any bridge, any Corps of will be missed. OWEN was first elected to the one of his former colleagues from the Vir- Engineers’ project—Herb would want to be House in 1986, and has been a dedicated ginia Senate and have them tell him how known for his integrity. Obviously, he has. member of the Armed Services and Re- great a job you do in Richmond and beyond. Herb had two vices in life. A good steak, and sources Committees. He has been a strong He was so proud of how successful you have golf. Man, did he love a good steak. New advocate for America's Armed Forces and has become. York Strip. Medium rare. He always ordered Then there is ‘‘Poppy.’’ Herb loved his french fries with his steak—extra crispy, also served as a member of the Congres- grandchildren. Emmy, Hank and Sam—you please, or potato sticks if you have them. If sional Study Groups on Germany and Japan, were the apples of his eye. Just last week he I was invited over to Shoe Lane for dinner it as well as the Duma-Congress Study Group. was boasting how Emmy had won a tennis usually meant a good steak on the grill—and I wish OWEN, his wife Sybil, and their family all tournament at the club and was so pleased potato sticks! If I was invited out for a steak the best in the days ahead. that Hank had taken up running cross coun- in Washington, it usually meant someone in The Commonwealth of Virginia has been ty. Every summer I would get the updates on the office was in trouble. I used to cringe very fortunate to have such valued Members all the ribbons the two of you would win at when he would come up behind me, put his swim meets. Hank, I think your grandfather hand on my shoulder and say, ‘‘Dan, let’s go of the House as TOM BLILEY, Herb Bateman, has high expectations from you on the ath- have a steak.’’ He always enjoyed his meal. and OWEN PICKETT. They have set a standard letic field. I know you won’t let him down. I can’t say the same. of dedication and service that we should all Emmy, I know your ‘‘Poppy’’ wishes for you Then there was golf. Next to Laura, golf strive to emulate. I will certainly miss their the same success that his daughter has had. was his passion. Like most us, he wasn’t very presence in the House of Representatives. Sam, your ‘‘Poppy’’ was so excited about good, but that didn’t matter. He just loved to Mr. BLILEY. Madam Speaker, on Sep- your first day at school. He was looking for- play. He loved being outdoors. He loved tember 11, 2000, our colleague, Representa- ward to getting home last weekend to hear meeting new playing partners. And he loved tive Herb Bateman passed away before he all about it first-hand. mulligans! Herb played golf to relax. He I know this week has not been easy. It could enjoy the fruits of retirement. Dan didn’t talk about work on the golf course. He wasn’t supposed to happen this way. I know didn’t take a cell phone. He never carried a Scandling, Herb's chief of staff, delivered the you feel somewhat cheated because ‘‘Poppy’’ pager. Golf was for fun. If you were on the following eulogy to his boss and friend of so was finally going to be able to spend more golf course, you were there to enjoy yourself. many years. Dan's eulogy is a fitting tribute to than just the weekends in Newport News. If Herb were ever elected President, I bet one our fallen colleague and I want to share it with There would be no more of this nomadic life of the first things he would do would be to you today. of leaving for Washington every Monday issue an Executive Order prohibiting cell morning only to return home sometime Fri- EULOGY OF REPRESENTATIVE HERB BATEMAN phones on the golf course. For all those day—then do it all over again two days later. golfers here today, I have one special re- (By Dan Scandling, Chief of Staff) But look around this church. Look how quest. The next time you play golf, as trib- So many things come to mind when you many people are here. Everyone here loved ute to Herb, leave your cell phones and think of Herb Bateman. Congressman. State your ‘‘Poppy.’’ It’s like one huge ‘‘Thank pagers in the car. Take the time to relax and Senator. Colleague. Statesman. Virginia you’’ for sharing him with us. Thank you for enjoy the people you are playing with. I have Gentleman. Devoted Public Servant. Boss. all those times he left you—his family—to go made a promise to myself never to take a Golfing Partner. Friend. And lest no one for- work an 80-hour week in Washington; To go cell phone with me on the golf course again. get: ‘‘America’s First District.’’ There also is to a parade somewhere at the other end of I hope I can live up to it. the much more private side of Herb Bate- the District on a Saturday morning; To go to Oh, and take a couple of mulligans too. man. Husband. Father. Grandfather. some god-awful chicken dinner fund raiser; I want to close by touching on some of the One of the first things that struck me To go shake hands at the shipyard gates at things that Herb did that no one knew about, about Mr. Bateman when I came to work for 6 a.m. on some rain-soaked morning in the that never made any headlines, that never him 10 years ago was his unwavering devo- dead of winter. Thank you for sharing him got him a vote. Herb liked helping people. He tion to Laura. I can still vividly remember with us. Thank you for the sacrifices you always stressed to his staff that constituent one of the first times she came into the of- made. service was the most important part of his fice. We were just wrapping up one of those I worked for Herb Bateman for 10 years. job—and their job. He always reminded us marathon meetings that all you Members so Over that time we grew to be pretty close. I that he worked for the people of America’s deeply cherish when Laura walked in. Herb think it would probably be fair to say he First District and it was his job to help them

VerDate 02-OCT-2000 03:30 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.015 pfrm01 PsN: H10PT1 H9512 CONGRESSIONAL RECORD — HOUSE October 10, 2000 when they had a problem. I could recount PNTR AGREEMENT WITH CHINA Motorola, Eastman Kodak, Compaq, hundreds—if not thousands—of cases where NOT GOOD FOR AMERICA Coca Cola, a who’s who of American Herb got personally involved. One that al- businesses are saying this was about ways comes to mind involved a woman from The SPEAKER pro tempore. Under Williamsburg whose husband had died and the Speaker’s announced policy of Jan- them building plants in China with was buried in Arlington Cemetery. The wom- uary 19, 1999, the gentleman from Or- U.S. capital, not about exporting U.S. an’s husband had been an Air Force pilot and egon (Mr. DEFAZIO) is recognized dur- manufactured goods to China. she asked that he be buried in the section in ing morning hour debates for 5 min- They talk about all the concessions Arlington where you could have different utes. China made to join the WTO. But types of tombstones. Soon after his funeral Mr. DEFAZIO. Madam Speaker, China has, as we pointed out during the she went about designing a tombstone that debate, violated every major trade she thought would be a fitting tribute. The today they are going to have a cere- cemetery approved the design and she had mony to celebrate the signing of the agreement for the last two decades on the stone carved. When the stone arrived at PNTR agreement with China downtown trade; all the nonproliferation agree- the cemetery several weeks later, cemetery at the White House. It would be better ments that they have had; the memo- officials did a complete 180 and told her she if they held a wake to mourn the loss randum of understanding in 1992 on couldn’t use the stone. Somehow, a col- of U.S. jobs and complete capitulation prison labor; in 1996, the bilateral umnist at the Washington Post caught wind agreement on intellectual property; of the situation and a story appeared in the of U.S. interests to the dictators in paper. Herb saw it and asked me what I knew Beijing. the bilateral agreement on textiles; about it. After a few quick calls, it was evi- The 1999 trade deficit with China was and the 1992 memorandum of under- dent the woman hadn’t contacted us. But to $68.7 billion. It is headed toward $80 bil- standing on market access. Why do we Herb, that didn’t matter. Within a matter of lion this year. The trade deficit with believe them this time? minutes, Herb, me and another staffer were China currently reflects a 6 to 1 ratio In fact, they are already back- in a car headed over to Arlington. We drove of imports to exports, but they only tracking. Just after the negotiations, through the cemetery to where the woman’s talk about the few goods we export, not their chief negotiator said that these husband was buried, got out, looked at some were only theoretical opportunities for of the other tombstones then headed back about the flood of imports and the across the river. Upon returning to the of- value of those imports and the lost jobs U.S. exports, explaining the incon- fice, Herb immediately called the Super- from China. gruity by saying, ‘‘During diplomatic intendent at Arlington and presto, the issue The United States International negotiations, it is imperative to use was resolved. When I called the woman to Trade Commission acknowledges that beautiful words.’’ tell her the cemetery officials had relented, with the adoption of PNTR, and if China says they still intend to pro- I asked why she didn’t call us. She said she China joins the WTO, which is becom- tect machine, electronic, chemical, didn’t want to burden the Congressman with medical, military, telecommuni- her problem. ing very unlikely, they still estimate To Herb, it wasn’t a bother; it was a pleas- an increase in the trade deficit with cations, energy, transportation, auto- ure. It was all about helping the people he China. Using their model, the Eco- mobile and agriculture industries, even represented. The Congress has lost more nomic Policy Institute estimates the if they get in the WTO, and now they than an outstanding Member, it has lost a deficits will continue to grow for the are saying they will not join the WTO warm, caring individual who served his na- next 50 years, reaching a peak of $649 because we are actually asking them to tion with great honor and distinction. God billion in 2048. Our trade deficit with make some changes in their exclu- bless Herb, his family, and America’s First sionary practices, to actually begin to District. China would not fall below the current Mr. GOODE. Madam Speaker, I want to ex- level until 2060, 60 years from now, allow foreign goods into their country. No, this is a sad day, and not a day to press my appreciation to TOM BLILEY, OWEN when every currently employed Amer- celebrate. A few large multinational PICKETT and the late Herb Bateman for their ican worker is retired or dead. service to the Commonwealth of Virginia and Even if the trends predicted by EPI corporations based in the U.S. have the entire nation. It has been a great pleasure only persisted for a decade, our deficit tilted U.S. policy in a way that is to to know and serve with these gentlemen in the with China would reach $131 billion in the detriment of our workers, our na- House of Representatives. These men have 2010. The growth in exports would gen- tional security, the global environment served not only the people of their districts erate 325,000 jobs, but, unfortunately, and the people of China and their work- and the Commonwealth of Virginia, but the en- the growth in imports would lose 1.14 ers and their rights and any improve- tire nation as well. Each has provided invalu- million jobs. That is a net loss of ment in human rights and labor rights able leadership, experience, and statesman- 817,000 jobs, and those job losses would in China. This should not be cele- ship to the people of their districts, state, and be reflected across the United States. brated; it should be mourned. nation. I will miss their friendship and guid- Let us not kid ourselves: PNTR with f ance and their districts, the Commonwealth of China was never about expanding U.S. exports to the Chinese, which would KEEPING SOCIAL SECURITY Virginia and the nation will miss their service, SOLVENT wisdom and experience. improve our global trade balance; it TOM BLILEY's 20 years of service and his was about access by large multi- The SPEAKER pro tempore. Under tenure as Chairman of the House Commerce national corporations to a low wage, the Speaker’s announced policy of Jan- Committee has benefitted his district, state, brutalized labor force of 1.3 billion peo- uary 19, 1999, the gentleman from and country. TOM has led a life of public serv- ple, in a country with lax environ- Michigan (Mr. SMITH) is recognized ice and prior to his election and 20 years in mental standards. during morning hour debates for 5 min- the House of Representatives he was an out- The day after the vote, the day after utes. standing mayor and leader for the City of the vote in the House of Representa- Mr. SMITH of Michigan. Madam Richmond. tives, the Wall Street Journal admitted Speaker, a lot of problems face this OWEN PICKETT has always put the people, this in a headline: ‘‘This deal is about country and certainly face our admin- especially our military personnel, above par- investment, not exports. U.S. foreign istration. One of those problems is tisanship. His many years of work and experi- investment is about to overtake U.S. keeping Social Security solvent. This ence on the House Armed Services Com- exports as the primary means by which affects everybody, not only existing re- mittee and as Ranking Member of the Military U.S. companies deliver goods to tirees, but the young, middle age and Research and Development Subcommittee will China.’’ future generations. What is going to be be sorely missed by the 2nd District, the Com- They went on in the article to quote their future in terms of working and monwealth of Virignia and the nation. the chief representative of Rockwell paying taxes and, maybe or maybe not, The late Herb Bateman was a fine rep- International. ‘‘In China, that is the di- getting Social Security benefits when resentative and a fine man. I appreciate his rection we are going. We are looking they retire? friendship as well as his service. We will miss for predictability, reliability. With Social Security probably is one of his 18 years of service in the House and his that, Rockwell expects to set up more this country’s most successful pro- experience on the Armed Services Committee factories in China.’’ grams in terms of helping people retire and Chairmanship of the Military Readiness The list goes on. GM expects to go with some security. When we started Subcommittee, but more than that we will miss from 40 percent Chinese parts to 80 per- Social Security in 1935, when Franklin Herb. cent Chinese parts. Procter & Gamble, Roosevelt decided we should have a

VerDate 02-OCT-2000 02:44 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.018 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9513 program to force savings and pay for It is easy to put off the fixing to the next is heated by natural gas, and it costs, some disability insurance while you generation or future congresses. Vice Presi- by the way, $50,000 a year in natural are working, rather than risk the poor dent Gore has suggested adding giant IOUs gas to run this. At the top comes out house. that demand increasing taxes later. The last what is left over. At that time, there were something president should have dealt with the problem. Well, $50,000 a year to operate and like 52 workers for each Social Secu- The next president should not put off solutions $600,000 a year to build it, and we were rity retiree. Remember, it is a pay-as- that will keep Social Security solvent for the all set to go. We thought we were oper- you-go program; existing current work- next 75 years. ating according to what the govern- ers, pay in their Social Security tax Right now there is enough money ment wanted, and everything was fine, and that tax immediately goes out to coming in to pay benefits, up until an until a couple of years later they come pay benefits for existing retirees. By estimated 2015. We need to take action. back and they say, well, we have got a the time we got to 1940, there were 38 We cannot keep putting it off. slight problem with your operation. people working paying in their taxes f There is pollution leaking out of your for every one retiree. This year we presses all through the building and so have three people working, three peo- EPA HINDERING SMALL forth, so you have got to do something ple working, paying in their taxes to COMPANIES to stop that. cover each retiree’s benefits. The SPEAKER pro tempore. Under Well, again, they did not give us any A couple of things have happened. Politi- the Speaker’s announced policy of Jan- information as to what we were going cians in this chamber, the Senate and the uary 19, 1999, the gentleman from to do, so what we did is we built a wall presidents decided to increase benefits over North Carolina (Mr. BALLENGER) is rec- all the way around this building and the years because it was popular. When there ognized during morning hour debates made it a separate room, and in this was not enough money, they increased taxes for 5 minutes. separate room we put forced air. The and borrowing. By 2025, over on the far right- Mr. BALLENGER. Madam Speaker, way we used the forced air was air con- hand side of this chart, you see there are only first let me give you a quick history of ditioning. This is $500,000 worth of air going to be two workers paying in their taxes my company. I founded a company in conditioning that we installed, and for each retiree. Hickory North Carolina, in 1957 with a that costs $50,000 a year to operate. We started out back in 1940 having a loan on my house. This company prints What it did is it forced all the air to go 3 percent tax on the first $1,500 of and converts polyethylene, poly- through the system and go to the cata- wages. Today we have increased that to propylene and cellophane for pack- lytic converter. 12.4 percent on the first almost $76,000 aging for companies like Procter & Well, this is great and wonderful. We of wages. Gamble and Johnson and Johnson for have got the catalytic converter going, So I hope we all agree one of our chal- overwrap for cookies, baby diapers, the and the good old government comes up lenges is not to increase taxes yet again. De- packages themselves. That is what the to us and says, I hate to say this to mographics of longer life span and lower birth company does. It started off in 1957. At you, but you know those seven printing rates have also greatly affected solvency. the present time we have 250 employ- The diminishing return on our Social presses you have? Your catalytic con- ees. Security investment should concern us verter is not big enough, it will only What I want to do is gripe. I would all. The real return of Social Security handle six printing presses. So they like to gripe about our government. is less than 2 percent for the average said, you have to shut down one of Several years ago, air pollution regu- worker in the United States. these printing presses. One of these lations went into effect. There was a Again, not counting the amount of the Social printing presses costs about $800,000. So whole list of various and sundry things Security tax that pays for the disability insur- we had to shut down a $800,000 printing that were polluting the air and doing ance portion workers get a real return of less press at the request of our Federal horrible things to everybody’s breath- than 2 percent on the taxes paid in. Government to be able to handle this For some, there is zero return on their So- ing and so forth. But at that time, my situation. cial Security. They are never going to live long company, you have to print something This all sounds like we were doing enough to get back what they and their em- on polyethylene that will evaporate what I would consider the right thing ployer put into it. But, still, 1.9 percent is the and leave the ink there, so we were as far as the ecology of the country is average. printing with methyl alcohol as a sol- concerned, as far as what is expected of Minorities do not get back what they pay in. vent and nylon as the coloring. You business people in this country, al- A young black male, for example, is going live print the film, blow hot air at it, and though in certain areas of the world I on the average 62 years. That means they evaporate the solvent. Well, what hap- am quite sure this does not happen. pay in all of their life, but do not get benefits. pened is the methyl alcohol at that But what really bothered me was But the average real return for the market, is time was going out the roof. eventually I found out that a compet- over 7 percent. Part of the solution for Social Along comes an outfit called EPA, itor of mine who had, roughly speak- Security has got to be a better return on the and EPA, with this long list of pollut- ing, the same size plant that I had, investment. ants, decided that methyl alcohol, this went to EPA and discussed it with This chart shows the number of years you is 5 or 6 years after the whole thing them, and they came up with a new are going to have to live after retirement to get started, 5 or 6 years later they decided conclusion. Their conclusion was to back the money that you and your employer that methyl alcohol was a positive sol- allow him to spend $50,000 a year pen- paid in, just to break even. If you were lucky vent. alty for the right to pollute. enough to retire in 1940, it took 2 months. If Well, I had seven printing presses in Now, here is a man that I am com- you retired 5 years ago, in 1995, you are this plant of mine, and at that time we peting with. I have spent over $1 mil- going to have to live 16 years after retirement asked EPA, since they said we were lion, that costs $60,000 a year, that to break even. On average if you retire in polluting, what should we do? And they costs $50,000 a year, I am spending 2005, 2015 or 2025, it is unlikely you are said, well, you have got to collect the $110,000 a year to take care of pollu- going to ever get back what you put into this solvent, the evaporating solvent, and tion, and he is paying $50,000 to do it on system. destroy it. So we asked, could you give his own. This is what I consider the Even a ``C.D.'' or extra safe investments in us some advice as to what to do? They great and wonderful way that our Fed- the marketplace would give more to retirees. said, well, we do not give advice, that eral Government operates. Governor Bush is suggesting limitations on is against the rules of the Federal gov- So with that kind of information I any such investments; it can only be used for ernment, but you have to do it. called up EPA and I said, what is going retirement purposes, it has to be limited to Well, this thing right here that you on here? This does not make a whole safe investments. We have companies now see on my left is what is called a cata- bunch of sense to me. And they said, that will guarantee a return greater than Social lytic converter. What it does is it col- well you have to realize we have in- Security without taking any risks. So, our chal- lects the printing inks above all the spectors all over the country, and ev- lenge is we have to get people, this Congress, printing presses, all seven of them, and erything is left up to the individual de- the President, to develop legislation to save vents it through this unit right here. In cision by each inspector. So the inspec- Social Security. the bottom here we have an oven that tor came up with this brilliant idea

VerDate 02-OCT-2000 02:44 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.059 pfrm01 PsN: H10PT1 H9514 CONGRESSIONAL RECORD — HOUSE October 10, 2000 that I had to spend $1 million plus Yet the HMO industry opposes this taxpayers. It is an undiluted commit- $100,000 a year in expenses, and my legislation. They lobbied for changes in ment. Medicare offers choices in ways competitor only had to spend $50,000 a the bill that effectively would exclude that actually make a difference in year. all but a small subset of seniors. Fortu- terms of health care quality in patient I heard talk earlier about the dif- nately, the Committee on Ways and satisfaction. ficulty of competing with China and Means did not buckle under the pres- Medicare does not tell beneficiaries imports. Well, I compete with on a reg- sure of the HMO industry. They in- which providers they can see; HMOs do. ular basis with Taiwan, Korea and cluded their legislation in their Bal- Medicare does not dictate which hos- Mexico, and I would be willing to bet anced Budget Act Restoration pro- pitals and nursing homes are permis- that none of these countries have even posal. sible; HMOs do. Medicare does not dis- the slightest idea about trying to stop If the HMO lobby does not kill it, criminate between beneficiaries based pollution. Yet in our country we have this legislation may make it into law. on their health status; HMOs do. Medi- forced people to spend that kind of But the fact that Congress has to take care offers reliable coverage that does money. action to ensure the well-being of hos- not come and go with the stock mar- I do wish the government would stop pitalized seniors in Plus Choice plans ket. and think of what they are doing. They and the fact that the HMO industry So before voting for George W. Bush, do not know what they are doing, and would lobby against this bill should I urge every American to think care- they ought to forget it. tell us something. fully about the wholesale changes he f Those are facts Congress and the pub- has in mind for Medicare. lic should keep in mind as George W. f RIGHT TO GO HOME ACT Bush promotes commercial health in- The SPEAKER pro tempore. Under surance, as he promotes commercial RECESS the Speaker’s announced policy of Jan- health maintenance organizations, as a The SPEAKER pro tempore. Pursu- uary 19, 1999, the gentleman from Ohio replacement, as a replacement, for ant to clause 12 of rule I, the Chair de- (Mr. BROWN) is recognized during morn- Medicare. clares the House in recess until 2 p.m. ing hour debates for 5 minutes. George W. Bush believes Medicare today. Mr. BROWN of Ohio. Madam Speak- should be turned over to private insur- Accordingly (at 1 o’clock and 4 min- er, last year I introduced modest legis- ers. That is not conjecture, that is fact. utes p.m.), the House stood in recess lation that would allow seniors in man- Visit his web site. His plan is to estab- until 2 p.m. today. aged care plans to return after a hos- lish a 4 year commission to restructure f pitalization to the retirement commu- Medicare so that it is no longer a ‘‘one- nity they know, instead of a network size-fits-all big government plan.’’ b 1400 HMO nursing home somewhere else. I Translate that into English. It means AFTER RECESS offered the Right to Go Home Act on simply turning Medicare over to the behalf of seniors who had been need- private insurance industry. HMO’s do The recess having expired, the House lessly separated because of HMO rules some things well, but putting Medicare was called to order by the Speaker pro from their loved ones and from their beneficiaries first is not one of them. tempore (Mrs. BIGGERT) at 2 p.m. usual source of care. How many times do we have to inter- f It is difficult to believe a health plan vene with a managed care plan or other PRAYER would treat a hospitalized senior this insurer on behalf of our constituents way, until you speak to before the industry’s loyalties become The Chaplain, the Reverend Daniel P. Medicare+Choice enrollees, privatized clear to us? Their loyalty is to their Coughlin, offered the following prayer: Medicare, if you will, who experienced stockholders. No surprise there. It is Lord God, it firsthand. verified every time managed care plans The seasons change. Across this Na- Take, for example, a couple in New make decisions that fly in the face of tion the days grow shorter. Time Hampshire, separated after the hus- good medicine. passes quickly, and when death strikes band’s hospitalization because the Unshakeable loyalty to the bottom any house, all human flesh seems vul- HMO required him to be discharged to line results in decisions often not in nerable. Grant eternal peace to the a nursing home in Maine, a 40 minute the best interests of Medicare enroll- Honorable BRUCE VENTO. Be now drive from the community where he ees. Unconditional loyalty to the bot- strength for his family, his staff and all and his wife had lived. Or a couple in tom line is what creates the need for a who suffer at this moment. Florida separated when their HMO re- Patients’ Bill of Rights. Unwavering Help all Your people to use the gift of quired the wife to recuperate from a loyalty to the bottom line explains time prudently, for You alone are the hospital stay in a nursing home 20 why health insurers market to the judge of the living and the dead. miles away from the retirement com- healthiest individuals, the most profit- During the time given to us on this munity. The husband had difficulty able, and do everything in their power Earth, may we choose to live as You visiting her, and she died later at the to avoid the rest; let government do would have us live, so that in the end HMO member facility. that. we may have accomplished Your holy A retirement community, a nursing It explains how private managed care will and come to live in Your presence facility, is more than just a health care plans contracting with Medicare can now and forever. Amen. provider; it is a home. Forced reloca- enroll seniors one year, make money f tion means moving vulnerable pa- from them, and then cavalierly drop THE JOURNAL tients, taking them away from pro- them the next when they are not quite viders experienced in these individual’s as profitable. They promise supple- The SPEAKER pro tempore. The chronic care needs. It places them in mental benefits they cannot deliver; Chair has examined the Journal of the new, strange surroundings during that they blame the government then for last day’s proceedings and announces fragile period of recovery. It separates problems that they, the insurance com- to the House her approval thereof. them from emotionally supportive pany-HMOs, create. Pursuant to clause 1, rule I, the Jour- family and friends. It explains how the managed care in- nal stands approved. Under our legislation, HMOs would dustry has the nerve, the outright arro- f not be required to pay a dime more for gance, to lobby against legislation that care provided at the beneficiary’s re- costs them nothing and means the PLEDGE OF ALLEGIANCE tirement facility than in a network fa- world to seniors in nursing homes. It is The SPEAKER pro tempore. Will the cility. What my bill would do is what a disgrace. gentlewoman from Florida (Mrs. MEEK) HMOs should not need our prompting The traditional Medicare program is come forward and lead the House in the to do; that is, it allows hospitalized different. It is universal, it is reliable, Pledge of Allegiance. nursing home patients to recuperate it is accountable to the public. Medi- Mrs. MEEK of Florida led the Pledge near their loved ones. care’s loyalty is to beneficiaries and to of Allegiance as follows:

VerDate 02-OCT-2000 02:44 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.005 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9515 I pledge allegiance to the Flag of the security for every American, young Mr. SMITH of Texas. Madam Speak- United States of America, and to the Repub- and old alike. er, should someone who does not be- lic for which it stands, one nation under God, f lieve in facts be our President? indivisible, with liberty and justice for all. Fiction: AL GORE recently claimed f THE CHINA THREAT that his mother-in-law pays more than (Mr. TRAFICANT asked and was ANNOUNCING THE PASSING OF $100 for arthritis medicine. Fact: The given permission to address the House THE HONORABLE BRUCE VENTO figure came from a Democratic Party for 1 minute and to revise and extend study. Newspapers reported AL GORE (Mr. OBERSTAR asked and was given his remarks.) was not even sure his mother-in-law permission to address the House for 1 Mr. TRAFICANT. Madam Speaker, was taking any medication or had ar- minute.) China will get $100 billion from Uncle thritis. Mr. OBERSTAR. Madam Speaker, Sam this year in trade surplus. With Fiction: AL GORE’S sister tragically with great sadness, a sense of personal our cash, China is buying missiles like died of lung cancer and he vowed never loss and loss to this House, I take the they are going out of style. Now, if to accept tobacco money as campaign well to announce that at 11:20 this that is not enough to arm yourself, contributions. Fact: Just 4 years later morning, our colleague, Congressman after being told by the CIA that in fact he spoke to the tobacco industry, said BRUCE VENTO, succumbed to mesothe- China has those missiles aimed at he was one of them, and raised $100,000. lioma, asbestos-induced cancer of the America, Janet Reno appointed inde- Fiction: AL GORE’S campaign lit- lung and peritoneal cavity. pendent counsels for two love tri- erature once claimed he was a ‘‘bril- BRUCE, in his 12th term, served the angles. liant student.’’ Fact: He received C’s people of his district nobly, with dig- Beam me up. Monica may be a threat and D’s in college and dropped out of nity, with passion, with purpose. He to fidelity but China happens to be a law school and divinity school. championed environmental causes. He threat perhaps to our national secu- Fiction: AL GORE claimed credit for championed the needs of the homeless, rity. It is time to wise up, Congress, inventing the Internet in the 1990s. the voiceless, the voteless, those who and wake up and smell the treason, and Fact: The Internet has been used by could not do for themselves. He was an it is time to have a full and thorough government and educational institu- advocate for working people. He voted investigation into this China mess and tions since the 1970s. Fiction: AL GORE recently said that consistently and worked vigorously Janet Reno. if elected President he would penalize and strenuously, to champion the I yield back the fact that China has producers of Hollywood’s graphic sex cause of organized labor in this body. more soldiers than America has citi- zens, men, women and children com- and violence. Fact: Just 6 days later he He brought a balance to all that he un- attended a fund-raiser by Hollywood dertook, and with a science teacher- bined. f producers and raised $4 million. like care for fact and detail, he pursued Madam Speaker, we need a President his causes with only the greatest of TAIWAN who tells the truth. dignity and of skill. (Mr. BARTLETT of Maryland asked f My prayers go out to his wife Sue, to and was given permission to address his children, to his constituents. I TRIBUTE TO K. GUNN MCKAY the House for 1 minute and to revise thank the Reverend Chaplain for the and extend his remarks.) (Mr. HANSEN asked and was given prayer for BRUCE and for his family. I Mr. BARTLETT of Maryland. Madam permission to address the House for 1 ask all of our colleagues to join their Speaker, I rise today to congratulate minute and to revise and extend his re- prayers with those of the Vento family. the people of Taiwan as they celebrate marks.) Mr. HANSEN. Madam Speaker, on f their 89th National Day, which anni- October 6 last week our former col- versary is today. There is a great deal SECURITY FOR OUR SENIORS league K. Gunn McKay passed away to celebrate for the people of Taiwan. due to complications of cancer. (Mr. GIBBONS asked and was given Taiwan has an even distribution of permission to address the House for 1 Gunn served in this House from 1971 wealth and its citizens enjoy a high to 1981 and was chairman of the Sub- minute and to revise and extend his re- standard of living. Taiwan has been marks.) committee on Military Construction of able to prosper in recent times despite the Committee on Appropriations. Mr. GIBBONS. Madam Speaker, we its limited resources and relatively all have responsibilities in life. Unfor- Gunn’s family comes from Hunts- large population. ville, Utah, and as a relatively young tunately, the Clinton-Gore administra- President Chen Shui-bian and the po- tion is once again irresponsibly block- man his father passed away. Gunn litical leaders of Taiwan have done an worked diligently to help his brothers ing the road to prosperity for American excellent job of leading their country people. and sisters to gain an education and into the 21st century. Their effort to took over many of the responsibilities Our seniors should not be forced to rejoin the United Nations and to main- choose between food and medicine, and of the family. tain a dialogue with the Chinese main- As a public servant, Gunn admirably under our debt relief plan they will not land are admirable. Taiwan deserves a served the people of the First Congres- have to make this tough choice. This voice in these and other international sional District of Utah, he served in Republican-led Congress wants to put organizations. There is no question the Utah legislature, and as chief of 100 percent of Social Security and that President Chen wants a serious staff to former Governor Cal Rampton. Medicare surpluses in a lockbox, and dialogue with the mainland. He seeks He also was a very devout member of create another lockbox strictly for stability in the Taiwan Strait and the Church of Jesus Christ of Latter- debt reduction to protect all our senior wants peace to prevail in the Asia Pa- Day Saints and served in many posi- citizens. We want to guarantee that cific region. tions of leadership. the surplus created by the tax dollars May God continue to bless our Gunn and his wife Donna are the par- of the hardworking people of America friends in the Republic of China on Tai- ents of 10 children, and he has a re- be used for debt reduction and not big wan. May Taiwan continue to shine as markably fine family composed of both government spending. a beacon of prosperity and freedom in his brothers and sisters as well as his Our fiscal discipline will ensure that the Far East. And may Taiwan play an own children. I am sure that many of as we continue to pay off the debt, we active role in international affairs and my former colleagues and his former will have more money to save for So- coexist with the Chinese mainland. colleagues join with me in expressing cial Security and Medicare. And this f condolences to the McKay family at means more security and a better qual- the time of Gunn’s passing. A PRESIDENT SHOULD TELL THE ity of life for our seniors. f Let us keep the Washington bureau- TRUTH crats out of our surpluses, out of our (Mr. SMITH of Texas asked and was ON SCORE pockets, and out of our medicine cabi- given permission to address the House (Mr. TANCREDO asked and was nets. Let us build true prosperity and for 1 minute.) given permission to address the House

VerDate 02-OCT-2000 02:52 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.008 pfrm01 PsN: H10PT1 H9516 CONGRESSIONAL RECORD — HOUSE October 10, 2000 for 1 minute and to revise and extend study the following potential water re- Law 566, Eighty-third Congress, as amended, his remarks.) sources projects: Donaldsonville, Louisiana; the following project for flood protection, Mr. TANCREDO. Madam Speaker, Atchafalaya River Channels, Louisiana; and, water quality, soil conservation, and other since coming to the U.S. House of Rep- Tennessee River Watershed, Virginia. purposes at Snake River Watershed, Min- ∑ Committee resolution authorizing the nesota, is hereby approved in accordance resentatives, I have had the oppor- Natural Resources Conservation Service to with the report on such project dated June tunity to become familiar with a vol- undertake a small watershed project for the 1999, and transmitted to Congress by the unteer organization in Colorado known Snake River, Minnesota. Deputy Chief of Programs, Natural Re- as SCORE, or Service Corps of Retired With kind personal regards, I am sources Conservation Service, by letter dated Executives, a great resource partner to Sincerely, June 2, 2000, and said report is made a part the Small Business Administration BUD SHUSTER, of this approval. that specializes in counseling, men- Chairman. Name of Project: Snake River Watershed, toring and educating America’s small Enclosures. Minnesota Adopted: September 27, 2000. business owners. DOCKET 2657: ATCHAFALAYA RIVER CHANNELS, LA In Colorado, there are 154 men and There was no objection. women volunteering their time, busi- Resolved by the Committee on Transpor- f tation and Infrastructure of the United ness acumen and counsel to the small States House of Representatives, That, the COMMUNICATION FROM THE HON- business community to provide a top Secretary of the Army, is requested to view ORABLE SAM FARR, MEMBER OF quality resource at no cost to their cli- the report, Atchafalaya River and Bayous CONGRESS ents. Nationally there are more than Chene, Boeuf, and Black, Louisiana, pub- 12,000 volunteer members representing lished as House Document 155, 90th Congress, The SPEAKER pro tempore laid be- 389 SCORE chapters providing indi- 1st Session, and other pertinent reports, with fore the House the following commu- vidual counseling and business work- a view to determine whether modifications nication from the Honorable SAM shops for aspiring entrepreneurs and of the recommendations contained therein FARR, Member of Congress: are advisable at the present time, with par- CONGRESS OF THE UNITED STATES, small business owners. ticular reference to the provision of a 35-foot HOUSE OF REPRESENTATIVES, With over 50 percent of all new busi- channel in the Lower Atchafalaya River be- Washington, DC, October 10, 2000. nesses failing within the first 6 years, tween Morgan City, Louisiana, and the Gulf Hon. DENNIS J. HASTERT, counseling early on can be the dif- of Mexico and to the enlargement of the re- Speaker, House of Representatives, Washington, maining project channels to the project ference between success and failure. DC. depth of 35 feet. Small businesses account for 99.7 per- DEAR MR. SPEAKER: This is to formally no- Adopted: September 27, 2000. cent of all employers and 54 percent of tify you, pursuant to Rule VIII of the Rules employment representing a major con- of the House of Representatives, that I have DOCKET 2656: DONALDSONVILLE, ASCENSION tribution to our economic growth. It is been served with a civil subpoena for docu- PARISH, LOUISIANA time we recognized that this organiza- ments issued by the Superior Court for San Resolved by the Committee on Transpor- Diego County, California. tion is the best kept secret in the coun- tation and Infrastructure of the United try, that we appreciate their hard work After consultation with the Office of Gen- States House of Representatives, That, the eral Counsel, I have determined that it is and dedication, and that we vote to Secretary of the Army, is requested to re- consistent with the precedents and privileges support its modest budget for this view the report on the Mississippi River and of the House to notify the party that issued year. Tributaries Project, published as House Doc- the subpoenas that I do not have any respon- f ument 308, 88th Congress, 2nd Session, and sive documents. other pertinent reports, with a view to deter- Sincerely, ANNOUNCEMENT BY THE SPEAKER mine if improvements along the Mississippi SAM FARR, PRO TEMPORE River in the area of Ascension Parish, Lou- Member of Congress. isiana inclusive of the City of Donaldson, The SPEAKER pro tempore. Pursu- Louisiana, in the interest of navigation, en- f ant to clause 4 of rule I, the Speaker vironmental restoration and protection, and ANNOUNCEMENT BY THE SPEAKER signed the following enrolled bill ear- related purposes are advisable at the present lier today: time. PRO TEMPORE H.R. 4444, an act to authorize exten- Adopted: September 27, 2000. The SPEAKER pro tempore. Pursu- sion of nondiscriminatory treatment ant to clause 8 of rule XX, the Chair (normal trade relations treatment) to DOCKET 2658: TENNESSEE RIVER WATERSHED, announces that she will postpone fur- the People’s Republic of China, and to VIRGINIA ther proceedings today on each motion establish a framework for relations be- Resolved by the Committee on Transpor- to suspend the rules on which a re- tween the United States and the Peo- tation and Infrastructure of the United corded vote or the yeas and nays are States House of Representatives, That, the ple’s Republic of China. Secretary of the Army, is requested to re- ordered, or on which the vote is ob- f view the report of the Chief of Engineers, jected to under clause 6 of rule XX. Cumberland River, Kentucky and Tennessee, Any record votes on postponed ques- COMMUNICATION FROM CHAIRMAN published as House Document 761, 79th Con- tions will be taken after debate has OF COMMITTEE ON TRANSPOR- gress, 2nd Session, and Senate Document 81, concluded on all motions to suspend TATION AND INFRASTRUCTURE 83rd Congress, 2nd Session, and the Ten- the rules but not before 6 p.m. today. nessee River and Tributaries, North Caro- The SPEAKER pro tempore laid be- f fore the House the following commu- lina, Tennessee, Alabama and Kentucky, published as House Document 328, 71st Con- SENSE OF CONGRESS IN SUPPORT nication from the chairman of the gress, 2nd Session, and other pertinent re- Committee on Transportation and In- ports to determine whether modifications of OF A LIBERTY DAY frastructure, which was read and, with- the recommendations contained therein are Mrs. MORELLA. Madam Speaker, I out objection, referred to the Com- advisable at the present time, with a view to move to suspend the rules and agree to mittee on Appropriations: determine whether improvements to the the concurrent resolution (H. Con. Res. CONGRESS OF THE UNITED STATES, Tennessee River Watershed, including all 376) expressing the sense of the Con- tributaries, located in Lee, Wise, Scott, Rus- COMMITTEE ON TRANSPORTATION gress regarding support for the recogni- AND INFRASTRUCTURE, WASH- sell, Tazewell, Smyth, and Washington Coun- ties, Virginia are advisable for environ- tion of a Liberty Day. INGTON, DC, OCTOBER 2, 2000. The Clerk read as follows: Hon. J. DENNIS HASTERT, mental restoration and protection, flood con- Speaker, House of Representatives, trol, regional water systems, and watershed H. CON. RES. 376 Washington, DC. management. Whereas our rights and liberties are rooted DEAR MR. SPEAKER: I am transmitting Adopted: September 27, 2000. in the cherished documents that gave birth herewith copies of the resolutions approved to our nation, those being the Declaration of on September 27, 2000 by the Committee on RESOLUTION Independence and the United States Con- Transportation and Infrastructure, as fol- Resolved by the Committee on Transpor- stitution with its Bill of Rights; lows: tation and Infrastructure of the United Whereas the patriot James Madison, fourth ∑ Committee survey resolutions author- States House of Representatives, That pursu- President of the United States, was the izing the U.S. Army Corps of Engineers to ant to the provisions of Section 2 of Public major author of the Virginia Plan, the model

VerDate 02-OCT-2000 02:52 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.011 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9517 and the basis for that United States Con- The resolution also holds that all Mr. CUMMINGS. Madam Speaker, I stitution that emerged from the Constitu- elected and previously elected rep- yield myself such time as I may con- tional Convention in 1787; resentatives of the people who volun- sume. Whereas James Madison kept detailed tarily give of their time to speak to the Madam Speaker, last Monday I stood written records of the debates and com- at this podium to manage House Con- promises that were in integral part of that American people about these founding Convention of 1787, which records were pub- documents to further our remembrance current Resolution 396, celebrating the lished only after the death of all delegates to of our freedom, our rights and our lib- birth of James Madison and his con- the Convention; erties, will deserve our thanks. The tributions to the Nation. Today I am Whereas James Madison wrote many of the preamble to the resolution also finds here to manage a resolution that would newspaper articles now known as the Fed- that March 16, James Madison’s birth- express Congress’ support for the rec- eralist Papers, outlining why States should day, would be a fitting reminder of Lib- ognition of March 16, James Madison’s endorse the new Constitution and enduring erty Day and an appropriate occasion birthday, as Liberty Day. This resolu- as some of the best arguments for our form to celebrate the inalienable rights and tion bestows this honor on James of government; Madison because he was the primary Whereas James Madison introduced the liberties proclaimed by the Declaration Bill of Rights into the 1st Congress of the of Independence and secured by the author and steadfast supporter of three United States, whereupon the first ten Constitution. great works of American democracy: amendments to the Constitution were adopt- Madam Speaker, this is the second the Constitution, the Federalist Pa- ed; and time in as many weeks that this House pers, and the Bill of Rights. Whereas it is altogether fitting that the has had occasion to reflect on the life If this resolution is passed, Madison’s 16th day of March, the birthday of the distin- and achievements of James Madison. birthday would serve to remind us of guished founding father, James Madison, Last week, we passed House Concur- our rights and liberties as enumerated would serve as a fitting reminder of Liberty rent Resolution 396 to celebrate Madi- in the Declaration of Independence and Day, a celebration of the Declaration of son’s birth and his many contributions the Constitution of the United States. Independence and the United States Con- Liberty is defined in Webster’s Colle- stitution, where our unalienable rights and to our Nation. liberties are enumerated: Now, therefore, be The resolution before the House giate Dictionary as, and I quote, ‘‘the it today also recognizes the immense con- quality or state of being free, and the Resolved by the House of Representatives (the tributions of this remarkable patriot power of choice,’’ two premises on Senate concurring), That it is the sense of the to securing the freedom we enjoy which this Nation was founded. Congress that— today. The promise of freedom and choice is (1) a Liberty Day should be celebrated each Madam Speaker, Madison himself what thousands of immigrants saw in a year in the United States as a remembrance said that, quote, ‘‘my life has been so copper statue in the New York Bay. of both the freedom that Americans were much of a public one that any review of The statue was of a woman holding a given in the Declaration of Independence and it must mainly consistent of the agen- torch in her right hand and a tablet the extraordinary rights and liberties that bearing the adoption date of the Dec- Americans were given in their Constitution; cy which was my lot in public trans- and actions,’’ unquote. laration of Independence in her left. (2) all elected and previously-elected rep- Although he was the fourth President Her pedestal reads, and I quote, resentatives of the people who voluntarily of the United States, the greatest of ‘‘Give me your tired, your poor, your give of their time to speak to Americans Madison’s public transactions was huddled masses yearning to breathe about those founding documents, in further- surely his crucial role in the framing free.’’ The Statue of Liberty was and ance of that remembrance of our freedom, and adoption of the Constitution of the still is a symbol of hope and freedom in our rights and our liberties, deserve our United States. As the resolution notes, America. thanks. Madison was the major author of the Another traditional symbol of United The SPEAKER pro tempore. Pursu- Virginia Plan, which served as the States freedom can be found in Phila- ant to the rule, the gentlewoman from basis and model for the Constitution of delphia in the form of a cracked bell. Maryland (Mrs. MORELLA) and the gen- the United States, that was proposed The bell was first rung on July 8, 1776, tleman from Maryland (Mr. CUMMINGS) by the Constitutional Convention in 4 days after the adoption of the Dec- each will control 20 minutes. 1787. laration of Independence. It tolled to The Chair recognizes the gentle- Along with John Jay and Alexander celebrate the first public reading of the woman from Maryland (Mrs. MORELLA). Hamilton, Madison also contributed to document. The bell bears the motto, securing ratification of the Constitu- and I quote, ‘‘Proclaim liberty b 1415 tion by writing parts of the Federalist throughout all the land unto all the in- f Papers. habitants thereof.’’ GENERAL LEAVE The Federalist Papers endure to this The Liberty Bell, first named in an day, as the resolution observes, as 1839 Abolitionist pamphlet, remains a Mrs. MORELLA. Madam Speaker, I some of the best arguments for our symbol of freedom and a reminder that ask unanimous consent that all Mem- form of government. all Americans are created equal. bers may have 5 legislative days within Madison also kept detailed records of When H. Con. Res. 376 is passed, which to revise and extend their re- the debates and compromises in the Americans will have another oppor- marks on H. Con. Res. 376. Constitutional Convention which were tunity to reflect on this Nation’s tradi- The SPEAKER pro tempore (Mrs. published only after all delegates to tion of freedom and equality. Liberty BIGGERT). Is there objection to the re- the convention were dead. The Fed- Day will further enhance the impor- quest of the gentlewoman from Mary- eralist Papers and Madison’s notes on tance and symbolic meaning of two ex- land? the Constitutional Convention remain isting icons of American freedom: the There was no objection. primary sources for all who seek an un- Statue of Liberty and the Liberty Bell. Mrs. MORELLA. Madam Speaker, I derstanding of the Framers’ intent. On March 16, Americans will cele- yield myself such time as I may con- As a Member of the first Congress, brate a promise originated by James sume. Madison was also instrumental in Madison and others and documented in Madam Speaker, I rise today in sup- framing the Bill of Rights. Madam the Declaration of Independence and port of House Concurrent Resolution Speaker, as the 106th Congress con- the United States Constitution. That 376, which calls for the people of the cludes, it is certainly proper that we promise is one of freedom and choice. United States to celebrate a Liberty pass this resolution to remember the And in the words of James Madison, he Day each year. In the words of the res- founding documents, the Declaration of said simply these: ‘‘The prescriptions olution, Liberty Day would serve, Independence and the Constitution, in favor of liberty ought to be leveled quote, ‘‘as a remembrance of both the and James Madison’s contributions to against that quarter where the great- freedom that Americans were given in the formation of our system of govern- est danger lies, namely, that which the Declaration of Independence and ment. I urge all Members to support possesses the highest prerogative of the extraordinary rights and liberties this resolution. power; but this is not found in either that Americans were given in their Madam Speaker, I reserve the bal- the executive or legislative depart- Constitution,’’ unquote. ance of my time. ments of government, but in the body

VerDate 02-OCT-2000 03:16 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.004 pfrm01 PsN: H10PT1 H9518 CONGRESSIONAL RECORD — HOUSE October 10, 2000 of the people, operating by the major- us on the floor of the House and hope- wished to his people. Sometimes many; ity against the minority.’’ fully will eventually become part of sometimes very few. Madam Speaker, I urge all of my col- our national recognition of Liberty Our forefathers made a radical depar- leagues to support this resolution. I Day. ture from this, because in the Declara- congratulate its sponsor. So, again, I want to thank the com- tion of Independence they said we hold Madam Speaker, I reserve the bal- mittee; and I want to thank the Mem- these truths to be self-evident that all ance of my time. bers here who have spoken so elo- men are created equal; that they are Mrs. MORELLA. Madam Speaker, I quently in its support. endowed by their Creator with certain yield such time as he may consume to Mr. CUMMINGS. Madam Speaker, I unalienable rights. That the rights did the gentleman from Colorado (Mr. yield myself such time as I may con- not come from God to the king, that TANCREDO), the sponsor of this resolu- sume. the rights came from God to the peo- tion. Madam Speaker, I want to thank the ple, and it was the wish of our fore- Mr. TANCREDO. Madam Speaker, I gentleman from Colorado (Mr. fathers that they would found a gov- thank the gentlewoman from Maryland TANCREDO) for his words. It is very ernment which had very limited rights. (Mrs. MORELLA) for yielding me this heartening to know that the Lion’s b 1430 time. Club took this on as a project. Madam Speaker, I could not do bet- I think it is very, very important in Most of the rights should still reside ter in terms of describing the impor- our society that we do everything in in the people. So they wrote the Con- stitution 11 years later, ratified in 1787. tance of this resolution and its histor- our power, Madam Speaker, to lift up The ink was hardly dry before they rec- ical implications than my two col- our children. I have often said that ognized that it might not be clear to leagues from the State of Maryland they are the living messages we send to everyone how committed they were to have done here. Both of them, I think, a future we may never see. I want to the proposition that the rights fun- have been incredibly articulate in ex- congratulate him for that. damentally belonged to the people, and pressing those sentiments. Madam Speaker, I just want to end they would give just what few rights I will only add that it is important with one of my favorite quotes from also to remember that James Madison, were necessary to the government. Madison, which was stated on June 8, Four years later, in 1791, the first 10 as the fourth President of the United 1789, when he said that all power is amendments which we know as the Bill States, was also the major author of originally vested in and consequently of Rights were finally ratified by three- the Virginia Plan, which is a model and derived from the people; that govern- fourths of the States. If we look the basis for the United States Con- ment is instituted and ought to be ex- through those Bill of rights and reflect stitution that emerged from the Con- ercised for the benefit of the people, on what they said, most of them ad- stitutional Convention in 1787. which consists in the enjoyment of life dress the rights of the people. I want to also say that this whole and liberty, with the right of acquiring Then to make sure that no one could issue comes to us today on the floor as and using property and generally of misunderstand that they meant most a result of the really tireless efforts of pursuing and obtaining happiness and of these rights to reside with the peo- one individual in my district, a gen- safety; that the people have an indubi- ple, in the Ninth Amendment they said tleman by the name of Andy McKean, table, unalienable and indefeasible that, just because we did not mention who with other members of the Lion’s right to reform or change their govern- in the Constitution that the right be- Club took this on as a project some ment whenever it be found adverse and longed to the people, do not disparage time ago and decided something had to inadequate to the purposes of the insti- the fact that it does belong to the peo- be done in order to increase the level of tution. ple. knowledge that students, especially Madam Speaker, I would urge all of Then in the Tenth Amendment they students and youngsters, have about our colleagues to vote in favor of this came back, and I think this is the most the Constitution, about the Bill of very important resolution. violated amendment in the Constitu- Rights and about really what liberty Madam Speaker, I yield back the bal- tion, the most violated part of the Con- means in the United States of America. ance of my time. stitution, they come back and say, in As part of that task, they have been Mrs. MORELLA. Madam Speaker, I today’s English, if you kind of put this instrumental in delivering and distrib- very much appreciate the quotation in today’s English, our Constitution is uting literally hundreds of thousands and the discussion with my colleague old English and it is legalese so some- of copies of the Constitution. Liberty from Maryland (Mr. CUMMINGS). times we have to paraphrase it to un- Day Colorado is the way it is identified Madam Speaker, I yield such time as derstand clearly what they meant, here, but these little pocket Constitu- he may consume to another colleague, what they are saying in the Tenth tions have gone out to schools all over the gentleman from Maryland (Mr. Amendment is that if we cannot find it Colorado. There are over 1 million ac- BARTLETT). in article 1, Section 8, of the Constitu- tive members of the Lion’s Club na- Mr. BARTLETT of Maryland. Madam tion, the Federal government cannot tionwide, and it is my understanding Speaker, I want to thank my friend, do it; that they can only do those that this is a project they are antici- the gentlewoman from Maryland (Mrs. things which are found there, and all pating to take on as an organization. MORELLA), for yielding me this time the things which are not found there, It is supported right now in State and I want to thank my other friend, all the rights not specifically given to legislatures throughout the country: the gentleman from Maryland (Mr. the government, belong to the people Colorado, California, Maine, Pennsyl- CUMMINGS), for his quote. or to the States. vania, Ohio, North Carolina, Virginia, Madam Speaker, it is hard for us to So I think it is very appropriate that New Hampshire, Montana, Mississippi, realize what a radical document the we designate a Liberty Day. That is Indiana, Idaho, Wyoming. And other Declaration of Independence was. If we what our forefathers wished so much States are on the way. think back, our forefathers now, they for us to have. That is what we are at It is nonpartisan, as evidenced by the come from all parts of the world; but risk of losing as government becomes discussion here today. It is funded en- our forefathers when this country was ever bigger and bigger and more and tirely through businesses and indi- founded came from principally the more intrusive. vidual contributions. The national rec- British Isles and the European con- I wholeheartedly support the resolu- ognition will provide a rallying point tinent. If we remember our history, al- tion. for this grass-roots movement; and it is most every one of them came from a Mrs. MORELLA. Madam Speaker, I also, I think, a tribute to individuals country where the king or the emperor yield myself the balance of my time. like Mr. McKean. claimed and, incredibly from our posi- I commend the gentleman from Colo- A textbook could not be written tion, was granted what was known as rado (Mr. TANCREDO) for introducing about the way in which he has devoted divine rights. In other words, what the this resolution and working very hard a good portion of his life to this event king or the emperor claimed was that to bring it to the floor today. I also and how it has worked its way through the rights came from God to him; that want to thank the Lions Club for tak- the process and it now appears before he would then give what rights he ing on this Liberty Day project. The

VerDate 02-OCT-2000 02:52 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.016 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9519 Lions Club has been noted for its eye SEC. 3. COURT ORDERS AFFECTING REFUNDS. ees’ retirement benefits, the Thrift banks. They care about vision, and (a) CIVIL SERVICE RETIREMENT SYSTEM.—Sec- Savings Plan. As we know, the TSP is frankly, Liberty Day has to do with the tion 8342(j)(1) of title 5, United States Code, is a retirement savings and investment amended to read as follows: vision to look ahead in terms of recog- ‘‘(j)(1)(A) Payment of the lump-sum credit plan for Federal and postal employees. nizing the values of the past and the under subsection (a) may be made only if the The TSP is critical for all Federal principles upon which we are guided spouse, if any, and any former spouse of the em- employees, but it is particularly im- into the future. ployee or Member are notified of the employee or portant for those employees hired in I also want to thank the gentleman Member’s application. the last decade who, under the Federal from Florida (Mr. SCARBOROUGH), the ‘‘(B) The Office shall prescribe regulations Employees’ Retirement System, re- chairman of the Subcommittee on Civil under which the lump-sum credit shall not be ceive smaller civil service benefits and paid without the consent of a spouse or former Service, the gentleman from Maryland spouse of the employee or Member where the Of- need to invest more to enhance their (Mr. CUMMINGS), a ranking member of fice has received such additional information retirement income. the Subcommittee on Civil Service, the and documentation as the Office may require Currently, employees can elect to gentleman from Indiana (Mr. BURTON) that— begin contributing to the TSP only of the Committee on Government Re- ‘‘(i) a court order bars payment of the lump- during two semi-annual election peri- form, as well as the ranking member, sum credit in order to preserve the court’s abil- ods established by law. Newly-hired the gentleman from California (Mr. ity to award an annuity under section 8341(h) employees are first eligible to partici- or section 8345(j); or WAXMAN), because they have helped the ‘‘(ii) payment of the lump-sum credit would pate during the second election period consideration of this resolution. extinguish the entitlement of the spouse or after being hired. As a result, these em- It is also a pleasure to be able to former spouse, under a court order on file with ployees must wait from 6 to 12 months, floor manage this resolution that we the Office, to a survivor annuity under section depending upon their dates of hire, be- believe in with my colleague, the gen- 8341(h) or to any portion of an annuity under fore they may contribute their own tleman from Maryland (Mr. CUMMINGS). section 8345(j).’’. funds. I thank my other colleague from Mary- (b) FEDERAL EMPLOYEES RETIREMENT SYS- Allowing employees to begin contrib- TEM.—Section 8424(b)(1) of title 5, United States uting to the TSP immediately makes it land (Mr. BARTLETT) also for his under- Code, is amended to read as follows: standing of the Constitution and his ‘‘(b)(1)(A) Payment of the lump-sum credit more likely that employees will get statement. under subsection (a) may be made only if the into and continue the habit of saving Madam Speaker, I ask Members’ sup- spouse, if any, and any former spouse of the em- for retirement through payroll deduc- port of this resolution, and I yield back ployee or Member are notified of the employee or tion. the balance of my time. Member’s application. Early saving is especially important ‘‘(B) The Office shall prescribe regulations The SPEAKER pro tempore (Mrs. in order to maximize the effect of com- under which the lump-sum credit shall not be pound earnings, and to take full advan- BIGGERT). The question is on the mo- paid without the consent of a spouse or former tion offered by the gentlewoman from spouse of the employee or Member where the Of- tage of the benefit of pre-tax savings Maryland (Mrs. MORELLA) that the fice has received such additional information or accorded to tax-deferred retirement House suspend the rules and agree to documentation as the Office may require that— plans. the concurrent resolution, H. Con. Res. ‘‘(i) a court order bars payment of the lump- This bill would eliminate all waiting 376. sum credit in order to preserve the court’s abil- periods for employee contributions to The question was taken; and (two- ity to award an annuity under section 8445 or the TSP for new hires and rehires. Em- 8467; or ployees who are hired or rehired would thirds having voted in favor thereof) ‘‘(ii) payment of the lump-sum credit would the rules were suspended and the con- extinguish the entitlement of the spouse or be eligible to contribute their own current resolution was agreed to. former spouse, under a court order on file with funds immediately. A motion to reconsider was laid on the Office, to a survivor annuity under section Further, ensuring the portability of the table. 8445 or to any portion of an annuity under sec- retirement savings is important be- tion 8467.’’. cause portable retirement savings can f The SPEAKER pro tempore. Pursu- follow employees as they change jobs, while preserving the special tax status FEDERAL THRIFT SAVINGS PLAN ant to the rule, the gentlewoman from accorded to these funds. PARTICIPATION ACT Maryland (Mrs. MORELLA) and the gen- tleman from Maryland (Mr. CUMMINGS) While the Internal Revenue Code cur- Mrs. MORELLA. Mr. Speaker, I move each will control 20 minutes. rently allows transfers of retirement to suspend the rules and concur in the The Chair recognizes the gentle- savings between 401(k) plans, such Senate amendments to the bill (H.R. woman from Maryland (Mrs. MORELLA). transfers are not authorized for the 208) to amend title 5, United States GENERAL LEAVE TSP. There is no justification for this Code, to allow for the contribution of Mrs. MORELLA. Madam Speaker, I limitation. This bill, H.R. 208, would certain rollover distributions to ac- ask unanimous consent that all Mem- authorize employees to transfer funds counts in the Thrift Savings Plan, to bers may have 5 legislative days within from certain tax-deferred savings plans eliminate certain waiting-period re- which to revise and extend their re- from previous jobs to their TSP ac- quirements for participating in the marks on the bill, H.R. 208. counts. As amended by the Senate, the Thrift Savings Plan, and for other pur- The SPEAKER pro tempore. Is there TSP will be able to accept any transfer poses. objection to the request of the gentle- that a private sector 401(k) can accept The Clerk read as follows: woman from Maryland? under the Internal Revenue Code. Senate amendments: There was no objection. In addition, the Senate has also in- Page 2, line 15, strike out all after ‘‘dis- Mrs. MORELLA. Madam Speaker, I cluded an amendment by Senator tribution’’ down to and including ‘‘trust.’’ in yield myself such time as I may con- AKAKA which would allow the Office of line 16 and insert: that a qualified trust could sume. Personnel Management to recognize accept under the Internal Revenue Code of 1986. Madam Speaker, I want to thank all court orders prohibiting a Federal em- Page 3, strike out lines 1 through 5 and in- sert: of the people who are involved in our ployee who is going through a divorce (b) EFFECTIVE DATE.—The amendment made consideration of H.R. 208, the Federal proceeding from withdrawing his or her by this section shall take effect at the earliest Thrift Savings Plan Participation Act. retirement contributions to the Civil practicable date after September 30, 2000, as de- When I thank the Speaker, I know that Service Retirement and Disability termined by the Executive Director in regula- I speak for the thousands of Federal Trust Fund. tions. employees with whom I have met and This is a terrific bill. It will help in Page 6, strike out lines 5 through 10 and in- who have written and called my office recruiting and retaining our wonderful sert: in support of this legislation, including Federal work force. (1) IN GENERAL.—The amendments made by Madam Speaker, I reserve the bal- this section shall take effect at the earliest prac- the gentleman from Maryland (Mr. ticable date after September 30, 2000, as deter- CUMMINGS), who is going to be handling ance of my time. mined by the Executive Director in regulations. it on the other side of the aisle. Mr. CUMMINGS. Madam Speaker, I Page 6, strike out all after line 15, over to My legislation would bolster two yield myself such time as I may con- and including line 2 on page 8, and insert: critical components of Federal employ- sume.

VerDate 02-OCT-2000 02:52 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.019 pfrm01 PsN: H10PT1 H9520 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Madam Speaker, I commend my col- ate and come back to us with a few see, when we consider what this means league, the gentlewoman from Mary- changes. for women in particular, that it would land (Mrs. MORELLA), for sponsoring I want particularly to thank Presi- safeguard women for what would other- H.R. 208. I am very pleased to say that dent Clinton, whose leadership has wise be a fleet of what should be avail- I am a very proud cosponsor. been at the forefront of this concept. able to them. Madam Speaker, this bill makes sig- Madam Speaker, I would like to say Madam Speaker, we get the savings, nificant reforms in the Thrift Savings that this concept represents precisely we prevent fraud, and we allow either Plan. It contains proposals that were what we ought to be doing with retire- spouse, in this case, I think it probably included in President Clinton’s last ment. We are not taking any money benefits women more than men, to per- two budget proposals. from the social security trust fund to haps get what would otherwise be It would permit new Federal employ- get this done. What we are doing is en- available to them but has not been in ees to begin contributing to their TSP couraging people, through incentives the past, because the Federal Govern- immediately rather than waiting a we are providing, to save their own ment did not recognize court orders year, as required under current law. It money. That is the only way to make until the divorce was all done and would also let Federal employees sure we secure the social service trust through, in which case the spouse transfer balances from other tax-de- fund at the same time we do what we could have withdrawn the retirement ferred savings plans, including private have not done nearly enough of, and funds that were in the account. sector 401(k) accounts, to their TSP ac- that is to encourage the American peo- May I say, Madam Speaker, that counts. ple to stop spending so much of their there is another benefit to this bill, Early participation in the Federal money and save it. They are not doing and that really has to do with the re- Employees’ Retirement System, espe- that. We are at the lowest savings rate tention and recruitment of employees. cially in the TSP, is critical if an em- virtually in history. The Federal Government has become ployee is going to maximize the This bill encourages savings in two almost noncompetitive with the pri- amount of earnings saved for retire- ways. First, it brings Federal employ- vate sector in pay and benefits. ment. ees into equality in rolling over their With the scarcity of workers, and I The Subcommittee on Civil Service contributions into 401(k)s now, like am amazed to hear myself say that, we has addressed the issue of protecting their private sector counterparts. have the kind of full employment that employees’ retirement savings by mov- There is no reason for there to have we never had in my lifetime, the pri- ing legislation through Congress that been any distinction in that regard. vate sector is trying everywhere it can would provide long-term care insurance Secondly, it allows newly-hired em- to make sure that it recruits and re- as a benefit option for Federal employ- ployees to get into the savings habit tains employees. Moreover, the sizzle is ees and postal employees, as well as from the moment they get their first all there. Youngsters getting out of military personnel and retirees. The paycheck by allowing TSP to apply to school think of the Federal Govern- legislation, the Long Term Security them immediately, instead of waiting ment and State governments as kind of Act, was signed into law by President for the next period, which could be as ho hum places. They want to go where Clinton last month. much as a year. the action is, to technology, to the pri- Baby-boomers are concerned about Thus, essentially what this very good vate sector by having benefits that do their retirement security, but are not bill does is to put the government in not equal what the private sector has saving adequately for their long-term the ballgame of employee savings long done. care needs. H.R. 208 is one initiative plans. It brings us to where many pri- We certainly do not help ourselves to that will help the Federal work force vate sector plans have long been. retain and recruit the employees we save money for their retirement. The House, of course, offset this bill need to keep this government running. Senator AKAKA’s amendment to the through contributions from the Civil Benefits used to be the way the gov- House bill further strengthens the leg- Service Retirement and Disability ernment offset lower pay; now benefits islation by allowing the TSP to accept Fund. The administration opposed have lost ground as well. We are not all of the types of rollover contribu- that, and I think correctly. After all, going to be able to maintain the ex- tions that private sector 401(k) plans the Civil Service Retirement and Dis- traordinary civil service we have had may now accept. ability Fund is very controversial over In addition, the Senator’s amend- throughout my lifetime in this city as here, at least with respect to funding a native Washingtonian, unless we ment would provide an offset for the it, and these contributions would not legislation that will not divert money wake up and smell the coffee when it be related to benefits or to retirement. comes to pay and benefits. from the agency’s hard-pressed salaries I believe the administration was prob- Obviously, this bill helps employees and expenses accounts. ably correct in saying that it set a poor by equalizing their savings and benefit I am pleased again to be a cosponsor. precedent for the future to use the plan, but it helps the Government to I want to thank the gentlewoman from trust fund for unrelated purposes. make up for lost ground in recruiting Maryland (Mrs. MORELLA) for her spon- So I appreciate the suggestion of the and maintaining what has been histori- sorship. other body, which is why this bill is cally the best and brightest labor force Madam Speaker, I yield 7 minutes to back here, that we should offset, as is in the country. the gentlewoman from the District of required, in a way that I must say Mrs. MORELLA. Madam Speaker, I Columbia (Ms. NORTON), a member of gives us a double bang. reserve the balance of my time. the subcommittee. First of all, it gives us the money. We The Subcommittee on Civil Service recognize now court orders during a di- Mr. CUMMINGS. Madam Speaker, I is one that works very closely, and we vorce proceedings that otherwise might yield myself 9 minutes. have done some great work this year. result in what amounts to fraud. If one Madam Speaker, I want to, first of The gentlewoman is one of the leaders is going through a divorce and they all, thank the gentlewoman from the on our subcommittee, and one who con- say, oh, my God, I might have to give District of Columbia (Ms. NORTON) for stantly reminds us of how important some of this to my wife or husband, what she just said. It reminds me that our civil servants are. and they pull their money out so they our subcommittee has worked very Ms. NORTON. Madam Speaker, I cannot be part of the proceeding, that hard to stand up for our Federal em- thank the gentleman from Maryland is nothing the Federal government ployees, and we have had a tremendous for yielding time to me, and for his wants to encourage. sensitivity to their needs and their very kind and gracious words. May I concerns. b thank him and our other regional col- 1445 So often Federal employees are not league, the gentlewoman from Mary- This body has been trying to go in given the credit for all the wonderful land (Mrs. MORELLA), for their leader- the other way and secure spouses in things that they do, and I have often ship on this bill. They have been stead- what would otherwise be available to said that they are the folks who keep fast until in fact we have come to this them, so I regard it as an antifraud government together. They are the oil moment, when it has gone to the Sen- measure. But then I am also pleased to that keeps the engine running. Without

VerDate 02-OCT-2000 02:52 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.022 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9521 them, we would not be able to accom- them. I think also as a Nation it helps The yeas and nays were ordered. plish very much of anything in this us recruit and retain Federal employ- The SPEAKER pro tempore. Pursu- country. ees. It says that we care about our civil ant to clause 8 of rule XX and the With that, I want to thank the gen- servants. I am delighted that this im- Chair’s prior announcement, further tlewoman from Maryland (Ms. portant legislation has come to the proceedings on this motion will be MORELLA) again for her sensitivity, but floor for a vote. I want to thank the postponed. we have been very fortunate to work in gentleman from Florida (Mr. Scar- f a bipartisan way. As the gentlewoman borough), chairman of the Sub- from the District of Columbia (Ms. committee on Civil Service, the gen- RUTH HARRIS COLEMAN POST OFFICE NORTON) said, this is the way things tleman from Indiana (Mr. BURTON), should be done; just a common sense chairman of the Committee on Govern- Mrs. MORELLA. Madam Speaker, I approach and encouraging people to ment Reform for their support in expe- move to suspend the rules and pass the save on their own. diting consideration of the resolution. bill (H.R. 5229) to designate the facility As we reach the waning days of this Madam Speaker, I want to thank the of the United States Postal Service lo- session, I want to take a moment, gentleman from Maryland (Mr. cated at 219 South Church Street in Madam Speaker, to thank the members CUMMINGS), who is the ranking member Odum, Georgia, as the ‘‘Ruth Harris of our committee, certainly the gentle- of the Subcommittee on Civil Service, Coleman Post Office.’’ woman from the District of Columbia and the gentleman from California (Mr. The Clerk read as follows: (Ms. NORTON), the gentleman from WAXMAN), who is the ranking member H.R. 5229 Maine (Mr. ALLEN), the gentleman of the Committee on Government Re- Be it enacted by the Senate and House of Rep- from Florida (Mr. MICA), the gentleman form, for their support. resentatives of the United States of America in from Florida (Mr. MILLER), the gentle- I would also like to thank Tom Congress assembled, woman from Maryland (Mrs. MORELLA), Trabucco, he is from the Thrift Savings SECTION 1. RUTH HARRIS COLEMAN POST OF- the gentleman from Arkansas (Mr. Retirement Board, for all of his help in FICE BUILDING. (a) DESIGNATION.—The facility of the HUTCHINSON), and certainly the gen- crafting this legislation. I also want to thank our staffs on both sides of the United States Postal Service located at 219 tleman from Florida (Mr. SCAR- South Church Street in Odum, Georgia, shall BOROUGH), our chairman, for all of the aisle and certainly on this side such as Garry Ewing, and especially my staff be known and designated as the ‘‘Ruth Har- efforts that we have been able to pull ris Coleman Post Office Building’’. person Jordie Hannum. Madam Speak- together to create some very, very (b) REFERENCES.—Any reference in a law, meaningful legislation. er, I ask my colleagues to vote for this map, regulation, document, paper, or other I think that it is safe to say, Madam bill. record of the United States to the facility re- Speaker, that we set some goals at the Mr. MORAN of Virginia. Madam Speaker, I ferred to in subsection (a) shall be deemed to beginning of this term, and I think we rise today to join my colleague from Maryland be a reference to the Ruth Harris Coleman Post Office Building. fulfilled just about all of them; and in support of H.R. 208, the modernization of this is a crowning piece of legislation, the Federal Employee Thrift Savings Plan The SPEAKER pro tempore. Pursu- because, again, it is recognition for our (TSP). ant to the rule, the gentlewoman from I share Mrs. MORELLA's view that federal Federal employees for what they do Maryland (Mrs. MORELLA) and the gen- employees should be allowed to participate in every day, every day to lift our Nation tleman from Maryland (Mr. CUMMINGS) the TSP immediately upon being hired. each will control 20 minutes. up, to make it the strongest Nation in As Members of Congress, it is the least we the world and the greatest Nation in The Chair recognizes the gentle- can do to reward the hard work of our federal woman from Maryland (Mrs. MORELLA). the world. With that, I urge all of my employees who, in recent years, have as- GENERAL LEAVE colleagues to support this legislation. sumed increasing responsibilities, sacrificed Madam Speaker, I yield back the bal- Mrs. MORELLA. Madam Speaker, I higher private sector wages, and generally ance of my time. ask unanimous consent that all Mem- tried to make the federal government operate Mrs. MORELLA. Madam Speaker, I bers may have 5 legislative days within more efficiently with, in many cases, tighter yield myself such time as I may con- which to revise and extend their re- budgets. marks on H.R. 5229. sume. This bill will help to ensure that the Federal Madam Speaker, I thank the gen- The SPEAKER pro tempore. Is there government is able to keep pace with the pri- tleman from Maryland (Mr. CUMMINGS) objection to the request of the gentle- vate sector in attracting the best and brightest for his very appropriate and very kind woman from Maryland? personnel. words, but certainly the work that he I have seen this trend first-hand in my dis- There was no objection. has commented on dealing with this trict, where many talented individuals leave Mrs. MORELLA. Madam Speaker, I subcommittee working together for federal service because their government yield myself such time as I may con- Federal employees, because they are so compensation and benefits just don't compete sume. Madam Speaker, the bill before us, important to our Nation. with offers in the private sector. I firmly believe H.R. 5229, was introduced by the gen- America, Madam Speaker, has one of that this bill seeks to level the playing field by tleman from Georgia (Mr. KINGSTON) the lowest national savings rates enabling the federal government to hire and and supported by the entire House dele- among industrialized countries. It has retain a highly skilled workforce that will se- gation from the State of Georgia, pur- fallen steadily over the last 20 years, cure the American public's confidence in our suant to the practice of the Committee seriously jeopardizing America’s secu- government and the services our federal work- on Government Reform. rity during what is supposed to be our force provides. golden years. Even though Americans By lifting the waiting period restrictions on The legislation designates the facil- recognize that they should be saving TSP participation, this is just one more step to ity of the United States Postal Service more, half of all family heads in their make federal employment more attractive to located at 219 South Church Street in late 50s possess less than $10,000 in net individuals, and more competitive with the pri- Odum, Georgia as the ‘‘Ruth Harris financial assets. vate sector. Coleman Post Office.’’ With the retirement of America’s Mrs. MORELLA. Madam Speaker, I Ruth Coleman was a schoolteacher baby boomers approaching, Congress is yield back the balance of my time. and played a dynamic role in the ac- beginning to consider how we can en- The SPEAKER pro tempore (Mrs. tivities of Odum as the originator and courage Americans to save more. Fed- BIGGERT). The question is on the mo- director of Odum Day for 17 of the past eral employees, like all Americans, are tion offered by the gentlewoman from 24 years. She was named Odum’s Cit- increasingly concerned with planning Maryland (Mrs. MORELLA) that the izen of the Year in 1998 and was a for their retirement. House suspend the rules and concur in former chairman of the Wayne County This bill, H.R. 208, is a sensible way the Senate amendments to the bill, Chapter of the AARP. She was a Mem- to encourage Federal employees to H.R. 208. ber of the Wayne Memorial Hospital take personal responsibility and in- The question was taken. Auxiliary, and she chaired the Amer- crease their savings for retirement Mrs. MORELLA. Madam Speaker, on ican Red Cross Blood Drive in Wayne without adding impediments before that I demand the yeas and nays. County for many years.

VerDate 02-OCT-2000 02:52 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.025 pfrm01 PsN: H10PT1 H9522 CONGRESSIONAL RECORD — HOUSE October 10, 2000 She also served as chairman of the North California Avenue in Chicago, Illinois, Roberto Clemente led the Pirates to Harris Family Reunion and the orga- and known as the Logan Square Post Office, World Series victories in 1960 and 1971. nizer of the Odum Sunlighters. Ruth shall be known and designated as the ‘‘Ro- He was the National League batting berto Clemente Post Office’’. Coleman passed away in 1998 when she (b) REFERENCES.—Any reference in a law, champion in 1961, 1964, 1965, and 1967. was 70 years of age. map, regulation, document, paper, or other He was ordered 12 gold gloves. He es- Madam Speaker, I urge our col- record of the United States to the facility re- tablished a major league record by leagues to support H.R. 5229, recog- ferred to in subsection (a) shall be deemed to leading the National League in assists nizing the contributions of Ruth Harris be a reference to the Roberto Clemente Post five times. He was inducted into the Coleman to Wayne County by naming a Office. Baseball Hall of Fame at Cooperstown, post office in Odum, Georgia in her The SPEAKER pro tempore. Pursu- the first Latin player to be so honored. honor. ant to the rule, the gentlewoman from Roberto Clemente may not have been Madam Speaker, I reserve the bal- Maryland (Mrs. MORELLA) and the gen- a resident of Chicago, but this citizen ance of my time. tleman from Maryland (Mr. CUMMINGS) of the world is recognized by the Na- Mr. CUMMINGS. Madam Speaker, I each will control 20 minutes. tion, and he is recognized by all lovers yield myself such time as I may con- The Chair recognizes the gentle- of the sport of baseball as a great ath- sume. woman from Maryland (Mrs. MORELLA). lete, humanitarian, and a role model. Madam Speaker, H.R. 5229 was intro- GENERAL LEAVE I urge all of our colleagues to support duced by the gentleman from Georgia Mrs. MORELLA. Madam Speaker, I H.R. 4831, naming a Post Office in Chi- (Mr. KINGSTON) on September 20, 2000. ask unanimous consent that all Mem- cago after this hero. Mrs. Ruth Harris Coleman was a bers may have 5 legislative days within Mr. Speaker, I reserve the balance of schoolteacher and one of the origina- which to revise and extend their re- my time. tors of Odum Day, which celebrated its marks on H.R. 4831, as amended. Mr. CUMMINGS. Mr. Speaker, I yield 25th year on October 7 of this year. The SPEAKER pro tempore. Is there myself such time as I may consume. Mrs. Coleman was Odum Day director objection to the request of the gentle- Mr. Speaker, H.R. 4831, to redesig- for 17 years. In 1983, she was the grand woman from Maryland? nate the facility of the United States marshal of Odum’s homecoming parade There was no objection. Postal Service located at 2339 North and in 1998 was named Odum’s Citizen Mrs. MORELLA. Madam Speaker, I California Street in Chicago, Illinois, of the Year. yield myself such time as I may con- as the ‘‘Roberto Clemente Post Office’’ sume. She chaired the American Red Cross was introduced by the gentleman from Madam Speaker, the bill before us, Drive in the Wayne County Chapter of Illinois (Mr. GUTIERREZ), my distin- H.R. 4831, was introduced by the gen- AARP and was a member of the Wayne guished colleague and good friend, on tleman from Illinois (Mr. GUTIERREZ) Memorial Hospital Auxiliary. Ms. Cole- July 12, 2000. on July 12 and amended by the Com- man died in 1998. The bill was amended on October 5, mittee on Government Reform on Oc- I have often said that when we take 2000 in the Committee on Government tober 5. The amendment simply a moment, Madam Speaker, to name a Reform to change the address designa- changes the word ‘‘Street’’ to ‘‘Ave- post office after someone, it is not the tion from California Street to Cali- nue’’ as determined after review by the deed that counts; but it is the memory fornia Avenue. United States Postal Service. of the fact that we are taking a mo- Mr. Roberto Walker Clemente was ment to salute this schoolteacher and H.R. 4831, as amended, designates the post office located at 2339 North Cali- born in 1934 in Carolina, Puerto Rico give her the recognition that she richly and rose from an impoverished back- deserves says a lot. With that, Madam fornia Avenue in Chicago, Illinois, presently known as the Logan Square ground in his hometown to become the Speaker, I would urge the swift passage star outfielder for the Pittsburgh Pi- of this bill and ask all of our colleagues Post Office as the Roberto Clemente Post Office. Each member of the House rates from 1955 to 1972. He helped the to vote in favor of it. Pirates win two World Series in 1960 Madam Speaker, I yield back the bal- delegation from the State of Illinois has cosponsored this legislation pursu- and 1971. ance of my time. Mr. Clemente was a four-time Na- ant to the policy of the Committee on Mrs. MORELLA. Madam Speaker, I tional League batting champion, was Government Reform. ask that the House approve this resolu- awarded 12 gold gloves, and was one of tion, and I yield back the balance of b 1500 only 16 players to have 3,000 or more my time. Roberto Clemente was born in 1934 in hits during their career. The SPEAKER pro tempore. The Carolina, Puerto Rico, the son of a Mr. Roberto Clemente, a victim of question is on the motion offered by foreman of a sugar cane plantation and dual discrimination for being black and the gentlewoman from Maryland (Mrs. grocery store operator. He played soft- Hispanic, died in 1972 in a plane crash MORELLA) that the House suspend the ball as a youngster, and then he played delivering relief supplies to victims of rules and pass the bill, H.R. 5229. with the professional major league cal- an earthquake in Nicaragua. This The question was taken; and (two- iber team until 1953 when his .356 bat- proud son of Puerto Rico was post- thirds having voted in favor thereof) ting average came to the attention of humously inducted into the Baseball the rules were suspended and the bill the Brooklyn Dodgers. Hall of Fame in Cooperstown. was passed. The Dodgers gave Roberto a bonus I urge my colleagues to vote for this A motion to reconsider was laid on and sent him to the Montreal Royals, measure, and I ask, Mr. Speaker, that the table. ordering that he should not be played we recognize the fact that Roberto f lest another team draft him. He was, Clemente was, not only a great base- ROBERTO CLEMENTE POST OFFICE however, drafted by the Pittsburgh Pi- ball player, but he was a great role Mrs. MORELLA. Madam Speaker, I rates after an observant Pirate scout model and a great humanitarian. move to suspend the rules and pass the spotted him. Mr. Speaker, I reserve the balance of bill (H.R. 4831) to redesignate the facil- Roberto Clemente played for several my time. ity of the United States Postal Service years as their star outfielder until 1972 Mrs. MORELLA. Mr. Speaker, I have located at 2339 North California Street when he met his untimely and tragic no other requests to participate, and I in Chicago, Illinois, as the ‘‘Roberto death when he was only 38 years old. reserve the balance of my time. Clemente Post Office,’’ as amended. He was thought by many as the great- Mr. CUMMINGS. Mr. Speaker, it is The Clerk read as follows: est and most complete player, but he my pleasure to yield 10 minutes to the H.R. 4831 was also the victim of dual discrimina- distinguished gentleman from Illinois (Mr. GUTIERREZ) who is the sponsor of Be it enacted by the Senate and House of Rep- tion for being black and Hispanic. resentatives of the United States of America in Now, 28 years after the fatal plane this bill. Congress assembled, crash while on a mission of mercy tak- Mr. GUTIERREZ. Mr. Speaker, I rise SECTION 1. ROBERTO CLEMENTE POST OFFICE. ing humanitarian supplies to the vic- to do my share of duty to history. (a) REDESIGNATION.—The facility of the tims of an earthquake in Nicaragua, he Today I rise to celebrate the life of Ro- United States Postal Service located at 2339 is no longer the invisible player. berto Clemente and to recognize his

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.027 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9523 enormous contributions to humankind. their Latino brothers and sisters, are After a devastating earthquake vir- I am very honored to do so. In this par- hard working, proud, and dignified. De- tually destroyed Managua, Nicaragua, ticular case, I respectfully think that I spite centuries of colonialism, Puerto Roberto Clemente became the leader of contribute, however humbly, to add to Ricans continue to search for a solu- the aid efforts to Managua. After re- the prestige of this House. This is the tion to their colonial situation. As ports reached him that the first sup- people’s House. Today I rise to pay they struggle with the scourge, they plies that landed in Nicaragua had been very deserving tribute to a hero of the have continued to create and develop, grafted by the members of a corrupt people. working hard to improve both their is- military, Roberto Clemente decided, As a son of Puerto Rican parents, I land and communities where they mi- against all advice, to fly with the next pay homage to who was, perhaps, the grated to and reside in the United airplane load of supplies to ensure that favorite son of Puerto Rico. In doing States, communities like mine in Chi- they would reach the poor and needy of so, I feel doubly proud. Today I feel cago, where we will now have the honor Nicaragua. prouder than ever of being a Member of of naming a Post Office after Roberto He could have sent a check. He could this august body, a body that in recog- Clemente. have sent the supplies, but he wanted nizing the greatness of this champion After a short stint in Montreal, to make sure. This baseball player got elevates its own. Clemente was traded in 1955 to the on the plane. I wonder how many of us As a Puerto Rican myself, my heart Pittsburgh Pirates where he would end would get on a similar airplane. fills with joy knowing of the effect this his glorious career. The team rebuilt As people were partying the arrival humble action of ours here today will around him, and he led it to contend of the new year, Roberto Clemente died have in the minds and the souls of hun- for the pennant in 1958 and to the world when his plane went down in 120 feet of dreds of thousands of Puerto Rico and championship in 1960. water just north of the same inter- Hispanic youth in my district in Chi- Unfortunately, after a season in national airport of his hometown of cago, throughout the country, and in which he hit .314 and drove in a club Carolina. Puerto Rico. leading 94 runs, he finished behind Mr. Speaker, there has been count- Much is made from rags to riches sto- three white teammates and others in less acts that seek to justly recognize ries. In this case, it is different. Be- the vote for most valuable player. the great man that was Roberto cause, in achieving what the former Undeterred, Roberto Clemente went Clemente. Among them, let me cite a Commissioner of Baseball, Mr. Bowie on to compile one of the brightest life- few. In 1973, Major League Baseball Kuhn, called ‘‘the touch of royalty,’’ time records in Major League Baseball: made an exception to the 5-year rule Roberto Clemente enriched us all. four batting titles, Most Valuable and accepted Roberto Clemente into Roberto was the son of a cane sugar Player in 1966, 12 Golden Gloves, 14 ap- the Hall of Fame, roughly a year after worker, Melchor Clemente, and his pearances in the All Star Games, a Na- he played his last year in the majors. It mother, Luisa Walker. He was the tional League record of five consecu- was, I believe, most fitting for the youngest of seven children. He was tive seasons leading in outfield assists, born in the municipality of Carolina, greatest of Latino players to become and a lifetime batting average of .317. Puerto Rico, in Barrio San Anton. As the first Hispanic player ever to be in- In the 1971 World Series, when he my friend, the Honorable Jose Aponte, ducted into the Hall of Fame. again led his team to the World Cham- In 1973, Major League Baseball re- Mayor of Carolina, is fond of saying, pionship, Roberto Clemente hit .414 and Carolina greets most visitors to Puerto named its award that recognizes the two home runs, including the winning Rico, because that is where the inter- player who best exemplifies the game blow in game seven and made two ex- national airport lies. Carolina has of baseball, sportsmanship, community traordinary catches. For his perform- beautiful rolling hills that lead to El involvement and the individual’s con- Yunque, the mountain where our Taino ance, he was awarded the World Series tributions to his team, formerly the Indians believed to be home to the Su- Most Valuable Player award. ‘‘Commissioner’s Award’’ to the Ro- Next year in 1972, as if to say good- preme Creator, Yukiyu. berto Clemente Award. Roberto Clemente was born in the bye to all the children and admirers But Roberto Clemente is honored midst of the depression of the 1930s, but the world over, Roberto Clemente be- every day, in song, in poetry and in ac- was raised by a family full of love and came the 11th player in the history of tions that emulate his own by young with the best of the Puerto Rican tra- organized baseball to reach the 3,000 and old alike in Puerto Rico, in Chi- ditions of respect and civility. hit mark. cago, in Pittsburgh, and everywhere. Cane sugar workers in Puerto Rico Benjamin Franklin said, ‘‘There was Everywhere there are Hispanic or lived a very humble life and a life of never yet a truly great man that was lovers of baseball or good people who poverty. Roberto began playing base- not at the same time truly virtuous.’’ admire a deed of sacrifice and love, ball like many of his contemporaries Those wise words from one of the there is a school or a baseball park or did, doing batting practice with a bro- wisest of our Founding Fathers never a road bearing the name of this true ken broomstick hitting bottle caps. He rang so true as when spoken about Ro- hero of the people. said that, after swinging hundreds of berto Clemente. For today, and forever, The U.S. Postal Service issued the times at bottle caps, a baseball looked we will remember Roberto Clemente as first Roberto Clemente stamp in 1984 as big as a coconut. much for what he accomplished in the and recently featured Roberto Roberto made by hand the first base- playing field as for what he accom- Clemente as part of its Legends of ball he ever owned, using a discarded plished outside of it. Baseball Series issued in Atlanta on golf ball as its core and many layers of Roberto Clemente became a symbol July 6, 2000. string from burlap dried beans and rice to Puerto Rican, Hispanic and minor- Mr. Speaker, in voting for H.R. 4831, bags, finally covered with tape. ity youth, actually to all youth. He this House is joining with millions of From a skinny, smallish boy, Ro- was the essence of a success story, yet Latinos and sports fans everywhere to berto grew to become a superb athlete, he was always a true gentleman, a car- pay dual tribute to Roberto Clemente. demonstrating with hard work and ing father, a devoted husband, and Mrs. MORELLA. Mr. Speaker, I yield dedication what one can achieve. someone dedicated to uplifting all myself such time as I may consume. Unlike Jackie Robinson, Roberto around him. He never forgot whence he Mr. Speaker, I want to thank the Clemente was not the first one of his came from. He devoted countless hours gentleman from Illinois (Mr. GUTIER- race to break into the majors. Unlike to youth, especially poor youth. REZ) for introducing this bill to name Jackie Robinson, Roberto Clemente We can have a real measure of a man, the post office and also for his very elo- faced a double kind of discrimination, not only by the way he lives, but also quent statement about Roberto as he was both black and Puerto Rican. by the way he dies. Clemente. Unlike Jackie Robinson, Roberto The end came to Roberto Clemente in In my jurisdiction, also, there is a Clemente faced also a language and such a way that he is now enshrined school named for Roberto Clemente. He cultural barrier. forever in the hearts of all Hispanics is a great role model for the youngsters But Mr. Speaker, Roberto Clemente along with Simon Bolivar, Jose Marti, of that school to learn something was like his people. Puerto Ricans, like and Cesar Chavez. about his sacrifice.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.031 pfrm01 PsN: H10PT1 H9524 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Character does count, respect for the facility of the United States Postal gle. It strikes women who had easy preg- truth, respect for hard work, respect Service located at 2339 North California nancies and deliveries, as well as women who for each other. He demonstrated that Avenue in Chicago, Illinois, as the ‘Ro- suffered prolonged, complicated labors and as a role model. So I thank him. I berto Clemente Post Office’.’’. caesarean section deliveries. Symptoms may appear at any time after delivery, often after thank the members of the Committee A motion to reconsider was laid on the woman has returned home from the hos- on Government Reform and the Sub- the table. pital. It may strike after the first, third, or committee on Postal Service for bring- f even fourth birth; ing this bill out on the floor of the Whereas postpartum depression is not a House. So I ask people to vote for it. MESSAGE FROM THE PRESIDENT new phenomenon. Hippocrates observed the Mr. Speaker, I yield back the balance A message in writing from the Presi- connection between childbirth and mental of my time. dent of the United States was commu- illness over 2,000 years ago. Louis V. Marce, Mr. CUMMINGS. Mr. Speaker, may I nicated to the House by Mr. Sherman a French physician, detailed the identifiable signs and symptoms of postpartum depres- inquire as to how much time we have Williams, one of his secretaries. sion in 1858; remaining? f Whereas the most extreme and rare form of The SPEAKER pro tempore (Mr. GIB- SENSE OF CONGRESS WITH RE- this condition, called postpartum psychosis, BONS). The gentleman Maryland (Mr. hosts a quick and severe onset, usually with- SPECT TO POSTPARTUM DE- CUMMINGS) has 8 minutes remaining. in 3 months. 80 percent of all cases of this PRESSION Mr. CUMMINGS. Mr. Speaker, I yield more extreme form present within 3 to 14 myself the balance of my time. Mr. BILIRAKIS. Mr. Speaker, I move days after delivery with intensifying symp- to suspend the rules and agree to the toms; once suffered recurrence rate with sub- Mr. Speaker, as I listened to the dis- sequent pregnancies is high; tinguished gentleman from Illinois resolution (H. Res. 163) expressing the Whereas postpartum mood disorders occur (Mr. GUTIERREZ), I could not help, Mr. sense of the House of Representatives after the mother has had frequent contact Speaker, but think about my own life with respect to postpartum depression. prenatally with health care professionals in South Baltimore and watching Ro- The Clerk read as follows: who might identify symptoms and those at berto Clemente on television. H. RES. 163 risk. In the United States, where medical surveillance of new mothers often lapses be- I just want the gentleman from Illi- Whereas postpartum depression is the tween discharge from the hospital and the nois to know, Mr. Speaker, that he is name given to a wide range of emotional, physical checkup 6 weeks later, the recogni- psychological, and physiological reactions to absolutely right. Roberto Clemente tion of postpartum illness is left mainly to childbirth including loneliness, sadness, fa- was more than a hero to just the Puer- chance. The focus of the 6-week checkup is tigue, low self-esteem, loss of identity, in- to Rican community or Hispanic com- on the medical aspects of her reproductive creased vulnerability, irritability, confusion, munity, but he was a hero to all of us. system and not her mental health; disorientation, memory impairment, agita- Whereas having a baby often marks one of When we look at what he accomplished tion, and anxiety, which challenge the stam- the happiest times in a woman’s life. For 9 in his life, he not only touched the His- ina of the new mother suffering from months, she awaits her child’s birth with a panic and Puerto Rican community, postpartum depression and can intensify and whole range of emotions ranging from nerv- impair her ability to function and nurture but he touched the world. He touched ous anticipation to complete joy. Society is her newborn(s); the world in a way that we could prob- quite clear about what her emotions are ex- Whereas as many as 400,000 American ably never do right by in these pro- pected to be once the baby is born. Joy and women will suffer from postpartum depres- ceedings. other positive feelings are emphasized, while sion this year and will require treatment. sadness and other negative emotions are b 1515 This constitutes up to 20 percent of women minimized. It is culturally acceptable to be who give birth. Incidence of mild, ‘‘transi- Last but not least, I was also very depressed after a death or divorce but not by tory blues’’ ranges from 500 to 800 cases per the arrival of an infant. Because of the social moved, Mr. Speaker, by the comments 1,000 births (50 to 80 percent); stigma surrounding depression after deliv- of the gentleman from Illinois (Mr. Whereas postpartum depression is the re- ery, women are afraid to say that something GUTIERREZ), when he talked about the sult of a chemical imbalance triggered by a is wrong if they are experiencing something naming of a post office so that the chil- sudden dramatic drop in hormonal produc- different than what they are expected to feel. tion after the birth of a baby, especially in dren could have an opportunity to see Mothers are ashamed, fearful, and embar- women who have an increased risk. Those that name on that post office. Many, rassed to share their negative feelings and women at highest risk are those with a pre- many years from now, when that post can also be fearful of losing their babies; office stands and that name is up there, vious psychiatric difficulty, such as depres- Whereas treatment can significantly re- sion, anxiety, or panic disorder. Levels of it may be so long from now that some- duce the duration and severity of risk are greater for those with a family postpartum psychiatric illness; body may say, well, who was that. The member suffering from the same, including fact is that somebody will know who he Whereas postpartum depression dramati- alcoholism; cally distorts the image of perfect new moth- was and will know that he came upon Whereas women are more likely to suffer erhood and is often dismissed by those suf- this Earth, he saw it, he looked and from mood and anxiety disorders during fering and those around her. It is thought to said, I can make a difference by simply pregnancy and following childbirth than at be a weakness on the part of the sufferer— being the best that I can be, working any other time in their lives. 70 to 80 percent self-induced an self-controllable; hard, and giving to mankind. of all new mothers suffer some degree of Whereas education can help take away the postpartum mood disorder lasting anywhere ‘‘stigma’’ of postpartum depression and can Mr. Speaker, I applaud the gen- from a week to as much as a year or more. tleman for this bill. I want to thank make it easier to detect and diagnose this Approximately 10 to 20 percent of new moth- disorder in its earliest stages, preventing the the gentlewoman from Maryland (Mrs. ers experience a paralyzing, diagnosable clin- most severe cases; MORELLA) and the entire committee for ical depression; Whereas at present, the United States making sure this bill got to the floor, Whereas many new mothers suffering from lacks any organized treatment protocol for and I urge all my colleagues to vote in postpartum depression require counseling postpartum depression. Sufferers have few favor of it. and treatment, yet many do not realize that treatment resources. The United States lags Mr. Speaker, I yield back the balance they require help. It is imperative that the behind most other developed countries in of my time. health care provider who treats her has a providing such information, support, and thorough understanding of this disorder. treatment; The SPEAKER pro tempore (Mr. GIB- Those whose illness is severe may require Whereas the United States Government BONS). The question is on the motion medication to correct the underlying brain and its agencies collect very little data on offered by the gentlewoman from chemistry that is disturbed. This often de- postpartum illness; Maryland (Mrs. MORELLA) that the bilitating condition has typically been a si- Whereas if early recognition and treatment House suspend the rules and pass the lent condition suffered privately by women are to occur, postpartum depression must be bill, H.R. 4831, as amended. because of the feelings of shame or guilt; discussed in childbirth classes and obstet- The question was taken; and (two- Whereas postpartum depression frequently rical office visits, as are conditions, such as thirds having voted in favor thereof) strikes without warning in women without hemorrhage and sepsis; any past emotional problems, without any Whereas early detection, diagnosis, and the rules were suspended and the bill, history of depression and without any com- treatment of postpartum illness will become as amended, was passed. plications in pregnancy. Postpartum depres- easier if public education is enhanced to lift The title of the bill was amended so sion strikes mothers who are in very satis- the social stigma, thereby increasing the as to read: ‘‘A bill to redesignate the fying marriages as well as those who are sin- chance that women will inform others of her

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.032 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9525 symptoms as she would for physical com- symptoms prior to discharge from the hos- Mr. Speaker, H. Res. 163 emphasizes plications; pital and again when they bring in their ba- our commitment to increased access to Whereas research shows that in the first bies for early checkups; information about postpartum depres- few weeks after delivery, a woman’s chance (4) recommends that appropriate health sion, its symptoms and treatment re- of requiring a psychiatric admission is 7 care professionals be trained specifically in sources. I ask every Member to join me times higher than at any other time in her screening women for signs of postpartum de- life. It is estimated that as many as 90 per- pression in order to improve chances of early in supporting passage of this important cent realize something is wrong, but less detection; resolution by the House today. than 2 percent report symptoms to their (5) recognizes that a coordinated system of Mr. Speaker, I reserve the balance of health care provider. The remaining individ- registry should be developed to collect data my time. uals are either undiagnosed, misdiagnosed, on mental disorders in the new mother and Mr. BROWN of Ohio. Mr. Speaker, I or seek no medical assistance; that the National Institutes of Health should yield myself such time as I may con- Whereas it is estimated that as many as 90 undertake additional research on sume. percent of women realize something is postpartum psychiatric illnesses; Mr. Speaker, I rise today in strong wrong; however less than 2 percent report (6) recognizes the impact of a mother’s support of H. Res. 163, which focuses on symptoms to their health care provider. postpartum depression on fathers and other a condition that has not received the Only about 20 percent of women with the dis- family members as well and strongly encour- order receive treatment. The remaining indi- attention that it deserves. I want to ages that they be included in both the edu- commend my colleagues, the gen- viduals are either undiagnosed, cation and treatment processes to help them misdiagnosed, or seek no medical assistance; better understand the nature and causes of tleman from Georgia (Mr. KINGSTON) Whereas in addition to the mother, the ef- postpartum depression so they too can over- and especially the gentlewoman from fects of postpartum depression can also im- come the spillover effects of the condition California (Mrs. CAPPS), for intro- pact the child and the father significantly. and improve their ability to be supportive; ducing this resolution. Infants of mothers with postpartum depres- and The gentlewoman from California sion are at risk for socioemotional difficul- (7) calls on the citizens of the United (Mrs. CAPPS), a nurse, is one of the ties in life. Maternal depression can affect States, particularly the medical community, most knowledgeable and active mem- the mother’s ability to respond sensitively to learn more about postpartum depression, bers of the Subcommittee on Health to her infant’s needs. A depressed mother is how to educate women and families about it, and Environment of the Committee on less likely to provide her children with ap- and thus ultimately lower the likelihood propriate levels of stimulation and to ex- Commerce. I feel privileged to work that women around the country will con- with her in the subcommittee, and I press positive affect. Research generally tinue to suffer in silence. shows that children who receive warm and am proud to join her as a cosponsor of responsive caregiving from the moment of The SPEAKER pro tempore. Pursu- this resolution. birth and are securely attached to their care- ant to the rule, the gentleman from The gentlewoman from California’s givers cope with difficult times more easily Florida (Mr. BILIRAKIS) and the gen- district is home to Postpartum Sup- when they are older. They are more curious, tleman from Ohio (Mr. BROWN) each port International, an advocacy and get along better with other children, and will control 20 minutes. support group founded by Jane perform better in school than those who are The Chair recognizes the gentleman Honikman. Jane is a pioneer in this less securely attached; from Florida (Mr. BILIRAKIS). Whereas a mother’s marriage can also be- field, and I know the gentlewoman come severely strained when dealing with a GENERAL LEAVE from California would want to ac- postpartum illness. Husbands/fathers feel Mr. BILIRAKIS. Mr. Speaker, I ask knowledge her important contribution, anxious and helpless, not understanding unanimous consent that all Members as we do here today. what is going wrong or what is the source of may have 5 legislative days within Each year, 400,000 American women, the depression. They can express exaspera- which to revise and extend their re- 20 percent of those who give birth, ex- tion and even resentment as a result of the marks and include extraneous material perience some postpartum depression problems created by the illness. They are on H. Res. 163, the legislation now caused by chemical imbalance. Hun- also more likely to become depressed them- under consideration. dreds of thousands more experience selves, further compromising the functioning some of the symptoms, which can in- of the family. Lack of support from the part- The SPEAKER pro tempore. Is there ner can contribute to the development or objection to the request of the gen- clude such impairments as disorienta- continuation of postpartum depression. Hus- tleman from Florida? tion, memory impairment, profound bands, partners, family members, and friends There was no objection. anxiety, and heightened fatigue. This need access to information on these issues in Mr. BILIRAKIS. Mr. Speaker, I yield is not an exhaustive list. order to support their wives, relatives, or myself such time as I may consume, It is tragic that so many new moth- friends; and I rise today in support of H. Res. ers are robbed of the joy at such a mi- Whereas severe postpartum illness can ob- 163, a resolution expressing the sense of raculous time in their lives, and it is struct the important pattern of friendship the House of Representatives regarding tragic that postpartum depression is so and support that most couples with often ignored or stigmatized when it newborns tend to form. Family units as a postpartum depression, legislation in- troduced by our colleague, the gen- should be aggressively treated. whole can experience isolation; The first months of life are critical Whereas education is helpful to new par- tleman from Georgia (Mr. KINGSTON). ents coping with these emotional and hor- This year, as many as 20 percent of for a newborn and profoundly chal- monal changes and also helps them to decide American mothers will suffer from lenging for new mothers. This resolu- if and when they need to seek outside help; postpartum depression. The resolution tion recommends several important and before us recognizes that this condition steps the Nation can take to help new Whereas postpartum depression is one of mothers and to help their families cope is the result of a chemical imbalance the most treatable and curable of all forms with postpartum depression. of mental illness. Learning about triggered by a sudden dramatic drop in It recommends providing women with postpartum depression helps prevent it and hormonal production after the birth of information on postpartum depression relieve it: Now, therefore, be it a baby. H. Res. 163 is designed to in- Resolved, That the House of Representa- before they take their babies home crease public awareness and under- from the hospital so that women af- tives— standing so that thousands of women (1) recommends that all hospitals and clin- fected by this condition recognize the ics which deliver babies provide departing will no longer be forced to suffer in si- symptoms and seek help as soon as pos- new mothers and fathers or family members lence. sible. with complete information about Among its provisions, the resolution It recommends providing training so postpartum depression, its symptoms, meth- encourages all obstetricians to screen health professionals know what signs ods of coping with it, and treatment re- new mothers for postpartum depression to look for in new mothers. Doctors sources; symptoms prior to discharge from the should be encouraged to screen new (2) encourages all obstetricians to inquire hospital and again when they bring in mothers for symptoms prior to dis- prenatally about any psychiatric problems their babies for early checkups. It also charging them from the hospital and the mother may have experienced, including recommends that appropriate health substance abuse, existence of the above in when they bring their babies for early any family members, and, ideally screen for care professionals be trained specifi- checkups. ongoing depression; cally in screening women for signs of And it also recommends we begin to (3) encourages all obstetricians to screen postpartum depression in order to im- collect data on postpartum depression new mothers for postpartum depression prove chances of early detection. in the United States.

VerDate 02-OCT-2000 05:42 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.019 pfrm01 PsN: H10PT1 H9526 CONGRESSIONAL RECORD — HOUSE October 10, 2000 To effectively target public aware- This resolution was introduced in May of percent of women experience a sense of guilt ness and treatment, it is important to 1999 by my colleague JACK KINGSTON and I. over their decision to have an abortion, and a track the incidence and the prevalence I want to thank him for his hard work and 5-year study shows that 25 percent of women of this condition in different sub- leadership in this area. who have had abortions sought out psychiatric populations. Again, I applaud the gen- Approximately 400,000 women will experi- care, versus just 3 percent of women who tleman from Georgia (Mr. KINGSTON) ence post partum depression this year, and have not had abortions. Further, numerous and the gentlewoman from California many do not even know that they need help. studies reveal that women who have had an (Mrs. CAPPS) for offering this resolu- This condition can put a strain on family rela- abortion experience a high incidence of de- tion, and I urge its passage. tionships, at a time when most families are pression, stress, low self-esteem, suicidal feel- Mr. DINGELL. Mr. Speaker, I support H. often experiencing the joy of the birth of a ings, and substance abuse. Some abortion re- Res. 163, which recognizes the debilitating ef- child. actions may even fit into the model of com- fects of post-partum depression on new moth- As a nurse for many years, I have seen plicated bereavement or pathological grief. ers, their babies and their families. I want to firsthand how much women, their families and I ask unanimous consent to enter into the pay particular tribute to my friend and col- partners struggle with this difficult condition. RECORD two studies on the link between clin- league, Representative CAPPS, as well as There is great stigma associated with post ical depression and abortion (Angelo, E.J., Representative KINGSTON, for their work on partum depression, as many women feel ``Psychiatric Sequelae of Abortion: The Many this matter. ashamed of the feelings that they are experi- Faces of Post-Abortion Grief,'' Linacre Quar- H. Res. 163 encourages health care pro- encing. terly, 59(2): 69±80, 1992; Brown, D., Elkins, viders to become more attuned to the signs of There are some steps that can be taken to T.E., Lardson, D.B., ``Prolonged Grieving After this common, treatable aftermath of pregnancy alleviate this suffering. Our resolution makes Abortion,'' J Clinical Ethics, 4(2): 118±123 in order to detect the problem in its earliest some important recommendations. (1993)). days and offer appropriate interventions. This legislation recommends that women be This weeks' announcement that the Nobel provided with information on post partum de- In light of these widespread and related af- prize in medicine is being awarded to three pression before they leave the hospitals with flictions, Congress should be more attentive to scientists whose discoveries have unlocked their babies. This way they can know what post-abortion depression as a related condi- keys to the central nervous system, including signs to look for in those early post-natal days. tion that calls out for more research from the the understanding the biochemical It also calls for more training of medical pro- National Institutes of Health. I urge Members underpinnings of depression, underscores the viders, so that they know what signs to look to join me in supporting passage of H. Res. importance of the mind-body connection. De- for in new mothers. Doctors should be encour- 163. pression is indeed a physiologic response, aged to screen new mothers for symptoms PSYCHIATRIC SEQUELAE OF ABORTION: THE and there is no time in a woman's life when prior to discharge from the hospital and when MANY FACES OF POST-ABORTION GRIEF her physiology changes as markedly and as they bring their babies for early check-ups. (By E. Joanne Angelo, M.D.) abruptly as it does with the delivery of a baby. The earlier we identify the symptoms, the bet- Set against the excitement of a new birth, the ter. This paper was presented at the N.F.C.P.G. annual meeting in October of 1991. emergence of an unexpected mood disorder, Finally it recommends that we begin to col- such as post-partum depression, can be fright- lect data on post partum depression in the Induced abortion is the surgical or medical intervention in a pregnancy for the purpose ening and confusing. Ironically, detecting this U.S., so that we can measure its extent. The of causing the death of the embryo or fetus. problem takes us back to the heart of the pa- National Institute of Mental Health is currently (If the procedure results in a live birth, the tient-provider relationship by employing our researching the topic, but more must be done. outcome is a preterm delivery, not an abor- lowest-tech, most-highly valued tools, talking Federal funding is sorely needed in this area. tion.) Every abortion, then, is an iatrogenic and listening to the patient. My district is home to Post Partum Support death. Every post-abortion woman has un- The American College of Obstetricians and International, an advocacy and support group dergone a real death experience—the death Gynecologists suggests that thorough medical founded by my constituent Jane Honikman. of her child. history-taking as early as the first prenatal visit Jane is a pioneer in this field, and I applaud Grief is a natural consequence of death. can assist providers in identifying those the work that she continues to do on this topic Current obstetrical and psychiatric lit- women at highest risk for post-partum depres- every day. erature abounds with articles about grief fol- Mr. Speaker, here in Congress we must lowing perinatal death—death due to sponta- sion. Post-partum depression can be diag- neous abortion, premature birth, stillbirth, noses by simply asking a new mother about a work to raise awareness of post-partum de- and Sudden Infant Death Syndrome. How- number of aspects of here new life. Her an- pression, in order to ultimately lower the likeli- ever, it is only in recent years that the med- swers and mood are keys to an early and cor- hood that women around the country will con- ical profession has begun to understand that rect diagnosis. This approach also provides an tinue to experience it. Women and families perinatal losses can be followed by a grief re- opening for a woman to discuss feelings she around this country have suffered for too long action similar to the loss of an older child or may finding shameful and frightening. With an in silence. an adult as illustrated by the following accurate diagnosis, treatment can begin, ben- Mr. BLILEY. Mr. Speaker, I rise in support statement in Clinics of OB/GYN in 1986. ‘‘I of H. Res. 163, which expresses the sense of can state most assuredly that couples with efitting mother, baby and family. recurrent, unexplained or explained early As Congress today recognizes the research the House of Representatives with respect to pregnancy losses grieve as intensely as those and treatment needs of women experiencing postpartum depression. with later losses or losses of live-born chil- post-partum depression, we must also recog- The birth of a child is a most joyous occa- dren. Their grief is not visible, however, nize that many of the women at highest risk sion for a family. Unfortunately, postpartum since society, family, friends, press, or clergy for this condition live outside of the health care depression after childbirth is a common condi- do not support or are not trained to support safety net, and therefore will not benefit from tion for some new moms. In fact, up to 80 per- them. The grief is very real and if unat- early detection and intervention. The Congress cent of new moms experience ``baby blues,'' a tended can eventually be felt by them to be must work to solve these inequities. We must mild depression that begins in the first days aberrant, unnatural, or even unhealthy.’’ also work to assure that whatever reforms after childbirth and lasts 2 weeks or less. Hospital obstetrical units have developed occur in the healthcare delivery system, pro- Postpartum depression lasts longer than the teams of physicians, nurses, and social work- ers to help parents deal with perinatal death viders must never stop talking with their pa- ``baby blues'' however and its symptoms are and the issues of grief, anger, and guilt tients. As the lines between medical and men- far more intense and constant. which it raises. The September 1990 issue of tal health problems blur, all health care pro- This condition also affects women who for the British Journal of Obstetrics and Gyne- viders need access to the most up-to-date in- whatever reason do not carry their pregnancy cology states: ‘‘Ways of helping parents cope formation, so that opportunities to diagnose to term. The sudden and dramatic drop in hor- with their losses have been recommended and treat problems such as post-partum de- monal production after the termination of preg- and have reduced the frequency of prolonged pression are not missed. This resolution is one nancy often results in feelings of guilt, insom- emotional disturbance and of abnormal grief step in that direction. nia, and postpartum depression. The same reactions. . . . Ways of facilitating the griev- ing process have been identified. These in- Mrs. CAPPS. Mr. Speaker, I rise today in sudden drop in hormonal production found in clude seeing and holding the dead baby, giv- strong support of H. Res. 163, which calls at- women with postpartum depression also con- ing it a name and taking photographs; all tention to a condition that affects thousands of tributes to the feelings of guilt, insomnia, and help make the situation a reality and to cre- women across this country, post partum de- depression immediately following an abortion. ate memories. It is difficult to grieve when pression. In fact, a national poll found that at least 56 no memory of the individual exists.’’

VerDate 02-OCT-2000 05:42 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.036 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9527 In addition to the 20 to 30 percent of preg- expense. She may begin to dose herself with Some persons may seek to jam all channels nancies thought to end in spontaneous abor- alcohol or sleeping pills to deal with the of consciousness with stimuli, avoiding tion in this country, there is now one elec- nightmares and her feelings of grief and thinking and feeling about the death. To es- tive abortion for every three live births. Evi- guilt; she may throw herself into intense ac- cape feeling dead and unreal, one may en- dence is mounting that the reaction to the tivity—work or study or attempts to repair gage in frenzied sexual, athletic, work, loss of a child from induced abortion is part her intimate relationships or to develop new thrill-seeking, or risktaking activities.’’ of the same continuum of grief. In an edi- ones. When waves of sadness, anger, empti- Risk factors for the development of patho- torial in the Lancet (March 2, 1991) entitled, ness, and loneliness overwhelm her she be- logical grief are listed in Michels’ 1990 text- ‘‘When is a fetus a dead baby?,’’ the author rates herself for not ‘‘feeling fine’’ as is ex- book Psychiatry: acknowledges that grief follows early preg- pected of her. ‘‘Some circumstances are likely to in- nancy loss regardless of its cause, ‘‘There is Women who have chosen abortion are often crease the severity or duration of grief reac- no doubt that the profession, led by society, haunted by the obsessive thought, ‘‘I killed tions. These include pre-existing high de- more readily accepts that miscarriage, ter- my baby!’’ They find themselves alone to pendency on the deceased, pre-existing frus- mination, stillbirth, and neonatal death lie cope not only with the loss of the child they tration or anxiety in relating to the de- in a spectrum of the same grief.... Why will never know, but also with their personal ceased, unexpected or tortuous deaths, a should the death of a baby be a unique zone responsibility in the child’s death. their sense of alienation from or antagonism to of grief? Perhaps it is because to the parents, guilt is not merely subjective or neurotic; it others, a history of multiple, unintegrated and to the mother in particular, an unknown is objective and real. Reminders are all earlier losses or simultaneous losses, and potential has been lost.’’ With half of all around them—the expected date of delivery, real or fantasied responsibility for the suf- pregnancies resulting in fetal death, our so- children the same age that their children fering or death itself. When several of these ciety is facing a potential epidemic of invis- would have been, a visit to the gynecologist, factors are present, a complicated bereave- ible mourning and pathological grief. the sound of the suction machine in the den- ment reaction may result that warrants di- Grief after induced abortion is often more tist’s office, a baby in a television ad, a new agnosis as one of the anxiety or depressive profound and delayed than grief after other birth, another death experience. Each of disorders (including Post-traumatic Stress perinatal losses. Grief after elective abortion these may trigger a breakthrough of guilt, Disorder), an adjustment disorder, reactive is uniquely poignant because it is largely grief, anger, and even despair. This cycle psychosis, or a flare up of a pre-existing per- hidden. The post-abortion woman’s grief is typically continues for many months or sonality disorder.’’ not acknowledged by society because the re- years before appropriate help is found be- DEPRESSION ality of her child’s death is not acknowl- cause until recently mental health profes- Pathological or unresolved grief has long edged. In order to gain her consent for the sionals have failed to recognize the many abortion she has been told that the proce- been recognized as a precursor to serious de- faces of post-abortion grief. pressive illness. Shakespeare’s Macbeth says, dure will remove a ‘‘blob of tissue’’ a ‘‘prod- UNCOMPLICATED BEREAVEMENT (NORMAL GRIEF) uct of conception’’, or a ‘‘pre-embryo.’’ She ‘‘Give sorrow words; the grief that does not has been assured that her ‘‘problem will be Grief is the subjective experience which speak knits up the o’erwrought heart and solved’’ and that she will be able to ‘‘get on follows the death of a loved one. Psychia- bids it break . . .’’ The current Diagnostic with her life’’ as though nothing significant trists agree that the period of mourning and Statistical Manual of Mental Disorders had happened. after a significant loss normally continues states, ‘‘morbid preoccupation with worth- Yet the pregnant woman knows by the for at least a year after the death, and that lessness, suicidal ideation, marked func- changes in her body that something very sig- if ‘‘grief work’’ is not accomplished appro- tional impairment, or psychomotor retarda- nificant is happening to her: her menses have priately, unresolved grief can produce a vari- tion, or prolonged duration suggests that be- stopped, her breasts are enlarging, she is ety of psychological and psychosomatic reavement is complicated by a Major Depres- sick in the morning (or all day long), and she symptoms over time. sive Episode.’’ knows that the process which has begun in Horowitz divides normal grief into four In a review article, ‘‘Mental Health and her will most likely result in the birth of a stages: Abortion’’ in the Psychiatric Journal of the baby in nine months time if allowed to run 1. OUTCRY which occurs immediately University of Ottowa (1989), Phillip Nay con- its course. She is aware of the expected date after the death when there may be an in- cludes that although depression was once a of delivery and she has often thought of a tense expression of emotion and an imme- frequent indicator for induced abortion, ‘‘de- name for her baby as she has begun to pic- diate turning to others for help and consola- pression is likely to be worsened by abortion ture the child as he or she would be at birth tion. because if increases guilt and causes another (Bonding begins very early in pregnancy.). 2. DENIAL PHASE during which the be- loss.’’ All of these feelings and fantasies about her reaved person may avoid reminders of the de- Depressive disorders are the most common pregnancy must be denied in order to under- ceased and focus attention on other things reason for psychiatric referral of post-abor- go an elective abortion. The pregnant woman and during which an emotional numbness of tion women in my experience. Suicidal idea- is asked to deny the fact that she is carrying blunting may occur. tion, impairment of the ability to carry out a child at all! 3. INTRUSION PHASE during which nega- daily functions at work, school, or home, so- Society offers her no support in grieving. tive recollections of the deceased become fre- matic symptoms such as weight loss and in- Her decision to undergo an abortion is made quent, including bad dreams and daytime somnia make psychiatric care imperative. very quickly without time for calm reflec- preoccupations which may interfere with Psychiatric intervention often includes anti- tion or seeking advice. The whole process is concentration on other tasks. depressant medication and/or hospitaliza- usually kept secret from her family and 4. WORKING THROUGH during which the tion, as well as intensive psychotherapy. Al- friends and professional colleagues, and bereaved person begins to experience both though the diagnosis of Major Depressive often even from the father of her child. Abor- positive and negative memories of the de- Episode is made and appropriate initial tion clinics offer no ‘‘Perinatal Loss Team’’ ceased, but without the intrusive, disturbing treatment instituted, the significance of the to help her deal with her confusing and per- quality which they had had previously and early pregnancy loss through abortion as a haps overwhelming feelings. She is typically when emotional numbness lessens. The proc- causative factor is often overlooked. This alone, without her partner during the proce- ess of working through has reached comple- may occur for a number of reasons. dure. There is no dead child to hold, no pho- tion when the bereaved person once again 1. The patient may not volunteer her abor- tographs, no funeral, burial, or grave to has the emotional energy to invest in new tion history, and may be reluctant to answer visit, no consolation from friends, relatives relationships, to work, to create, and to ex- routine questions about her reproductive his- or clergy. Her only memories are of a rushed, perience positive states of mind. tory because of intense shame and guilt and painful procedure and of her own efforts to PATHOLOGICAL GRIEF because of a lack of a trusting relationship convince herself that what her ‘‘abortion Pathological grief occurs when the normal with her therapist, which takes time to de- counselor’’ had told her was true. The psy- stages of grief are intensified, prolonged or velop. chological defense mechanisms of denial and delayed and when the bereaved person is not 2. A long time may have passed since her repression are massively in effect by the able to resume normal functioning due to abortion, and the psychiatrist may not be time she leaves the clinic. It is not sur- the development of other psychiatric of aware of the very common delay of eight to prising then, that ‘‘exit poll’’ research and psychophysiologic symptoms. Horowitz gives ten years from the induced abortion until studies of the immediate post-abortion days, the following examples of pathological grief. the woman seeks help for her depression, weeks and months find that women feel re- Immediately following the death the OUT- which has become so severe that she can no lieved and claim to have no adverse psycho- CRY may be intensified into a panic state longer function and her life is in danger. An logical aftereffects of elective abortion. where behavior is erratic, and self-coherence eight to ten year delay in seeking help has When pain and bleeding remind her of the is lost in a flood of uncontrolled fear and been a common finding in outreach programs physical assault on her body and when the grief. Alternatively, the bereaved person’s to post-abortion women across the United sudden and unnatural endocrine changes withdrawal may be exaggerated into a dis- States. cause her to become emotionally labile, soci- sociative state or a reactive psychotic state. 3. So many other negative factors in the ety continues to expect her to act as if noth- When the DENIAL PHASE is pathological history could account for the woman’s de- ing had happened. Her attempts to comply the following may occur; ‘‘overuse of alcohol pression: alcohol and drug abuse, failed mar- with those expectations are at great personal or drugs to anesthetize the person to pain. riages, job stress, intrusive obsessive

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.114 pfrm01 PsN: H10PT1 H9528 CONGRESSIONAL RECORD — HOUSE October 10, 2000 thoughts which may appear to be psychotic same age leading him to conclude, ‘‘Mother- come pregnant and had the abortions they in nature. An example of the latter is the hood seems to protect against suicide. Con- would ‘‘drop deaf of heart attacks.’’ She suf- case of a 75 year old woman in a nursing cern for dependents may be an important fered alone for six years with her guilt and home who was heard muttering over and focus for suicide prevention in clinical prac- her longing for her lost children. When an over again ‘‘I killed my baby!’’, and who, in tice.’’ uncle who was a priest returned from over- fact, had an abortion sixty years before. The same study found, however, that the seas she planned to tell him her tragic story. 4. Society’s ‘‘blind spot’’ regarding the sig- suicide rate after stillbirth was six times Before she could talk with him he suddenly nificance of perinatal loss and the grief fol- that for all mothers after childbirth. While died of a heart attack. Mourning his death lowing induced abortion is shared by many the birth of a living child seems to ‘‘protect and now convinced that she would never be psychiatrists and other mental health pro- against suicide’’, it would appear that the able to share her guilt and grief without fessionals. If her tentative attempts to share birth of a dead child greatly increases the risking further losses, she planned her own her profound grief and guilt with her thera- risk of suicide. What then of the risk of sui- death both to end her pain and to achieve a pist are not heard or are belittled, the post- cide after elective abortion when the mother reunion with her children and her uncle. abortion women’s sense of worthlessness and is not only dealing with the death of her An 18 year old gas station attendant, despair may increase and she may be con- child but with her responsibility in causing ‘‘Peter’’, shot himself and died three months firmed in her conviction that no one will that death? In my search of the literature I after his father’s unexpected death. Only his ever understand or be able to help. She may have not found any such demographic stud- closest friend knew that at the time of his discontinue her medication, cancel appoint- ies. suicide he was despondent over his ments, and sink even more deeply into de- It is well known that youthful suicides are girlfriend’s abortion. Their child had been pression. increasing at an alarming rate, and that the conceived on the day of his father’s death. In Peterson, who is studying post-abortion majority of these occur between the ages of Peter’s mind a mental image of the child had women in Germany, believes that when deep 15 and 24 years which is the same age group formed: he had told his friend that he would feelings of guilt which have been suppressed where most induced abortions occur. Most have a son and that he planned to name the for a long time are followed by ‘‘a break- adolescent suicides occur in the middle and boy after his father. The loss of that child through of destructive deep awareness, with upper socioeconomic class as do most abor- and all that he represented to Peter was chaos and panic, revulsion and hate’’ these tions. ‘‘Suicidal behavior in ‘normal’ adoles- more than he could bear. feelings must be acknowledged and the cents’’ is the topic of a 1989 study published POST-TRAUMATIC STRESS DISORDER woman helped to come to ‘‘acceptance of ex- in the American Journal of Orthopsychiatry, Post-traumatic Stress Disorder is one of isting reality, responsibility and feeling of Sexuality and loss were two of four risk fac- the Anxiety Disorders listed in the Diag- guilt toward the dead child.’’ It is my experi- tors which causes a nearly five fold increase nostic and Statistical Manual of Mental Dis- ence that only when the therapist can en- in the risk of suicidality in a sample of 300 orders. ‘‘The characteristic symptoms in- dure the flood of primitive emotions which public high school students in grade 9–12 in a volve re-experiencing the traumatic event, the patient needs to pour out over a number small Northeastern community. Although avoidance of stimuli associated with the of sessions without rejecting her or asking the report of the study does not include data event or numbing of general responsiveness, her to diminish their intensity, can he or she about abortions, the correlation between and increased arousal . . . The most common begin to help the post-abortion woman in her teen sexual activity, pregnancy and loss traumata involve either a serious threat to work of mourning. through abortion is apparent in this popu- one’s life or to physical integrity; a serious Although there are no visual memories of lation. threat or harm to one’s children, spouse, or her child, no pictures, no shared experiences The newsletter of the American Suicide other close relatives and friends. . . . The to help her work through the grief process, Foundation observes that, ‘‘Specific crises disorder is apparently more severe and she has frequently formed a mental image of and environmental stressors may precipitate longer lasting when the stressor is of human her child. It is in fact that mental image suicidal behavior, although it can be hard to design.’’ A list of life events which may which has been haunting her, intruding itself appreciate the stressfulness of a seemingly cause sufficient stress to produce Post-Trau- into her thoughts day and night. Often the minor event that falls on the shoulders of an matic Stress Disorder includes abortion. The image is of an infant being torn to pieces adolescent who is already burdened with de- most familiar type of Post Traumatic stress sucked down into a tube, crying out in pain, pression.’’ disorder or P.T.S.D., is ‘‘Post Vietnam Syn- or reaching out to her for help. She has often Some case vignettes from my own practice drome.’’ Following induced abortion, many named her child and may have regularly oc- may illustrate why elective abortion is any- women experience similar symptoms. In fact curring conversations with him or her in her thing but a minor event in the lives of young the similarities are so striking that some mind. The work of therapy involves allowing women and their partners. clinicians have coined the term ‘‘Post Abor- her to share these images and to accept her ‘‘Lorna’’, a 22 year-old woman in the mili- tion Syndrome.’’ guilt while at the same time the therapist is tary was referred to me because of an eating Characteristic symptoms of Post Trau- kind and supportive to her. Gradually she disorder. In our first visit she told me that matic Stress Disorder include: recurrent and will learn to accept the reality of what has for the past year since her elective abortion intrusive distressing recollections and/or happened and her own responsibility in the she had wanted to die. In fact she had made dreams of the event, sudden acting or feeling as if the traumatic event were recurring death of her child. In time she can begin to a suicide attempt two days before he sched- (flashbacks), and intense psychological dis- develop a mental image of her child no uled abortion when she felt that she could tress at exposure to events that symbolize or longer suffering and crying out to her but at neither go through with it nor face the rest resemble an aspect of the traumatic event, peace and at rest. of her tour of duty in the military as a single including anniversaries of the trauma; per- The treatment of depression in a post-abor- parent. When she was unsuccessful in caus- sistent avoidance of stimuli associated with tion woman involves more than providing for ing a fatal automobile accident after she had the trauma, emotional numbness and an in- her safety and physical well-being (emer- overdosed on drugs and alcohol, she had been ability to feel emotions of any type, espe- gency psychiatric care) or offering her ap- admitted to a psychiatric inpatient unit. Her psychiatrist advised her to go through cially those associated with intimacy, ten- propriate anti-depressant medication if indi- with the abortion which has been scheduled derness and sexuality; and increased symp- cated. One must also allow her to share the for her the next day. Since that time her co- toms of arousal i.e. startle responses; recur- overwhelming guilt, sorrow, anger and self- caine and alcohol use had escalated and her rent nightmares and sleep disturbances. A hate which she has harbored perhaps for weight had continually dropped. She was case vignette follows: years and which she has attempted to deal haunted by a strong desire to be united with ‘‘Alice’’, an attractive professional woman with by dosing herself with alcohol, drugs, her baby, and by the urge to kill herself. In in her early thirties, was referred because of and frenzied activity. Her fantasies about the year in which I worked intensely with marital problems, sleeplessness, anxiety and her dead child must also be acknowledged for her she made several suicide attempts and a sense of being hyperalert and over-reactive these are her only memories of her baby. was re-hospitalized once. Before she moved to loud noises. These latter symptoms inter- Gradually these fantasies can be shaped in a out of the area she thanked me for having fered with her work which placed her con- more positive and consoling manner so that helped her, saying: ‘‘I’m not going to kill stantly in the public eye. She had had a she can finally put them to rest. Clergy can myself now, but when I die I know that’s how traumatic abortion a year before arranged be helpful in this process both in helping the it will happen.’’ A year later it did happen. for her by her husband in a clandestine man- woman seek forgiveness and in offering pray- A 23 year old single woman whom I have ner. She had been experiencing frightening ers and/or a memorial service for her baby. called ‘‘Joyce’’ was referred to me after a dreams, daytime flashbacks, intense anger SUICIDE suicide attempt which also involved a and loathing for her husband and suicidal ‘‘Women in the first year after childbirth planned drunk driving accident. Her obses- preoccupations for the past year. ‘‘I killed and during pregnancy have a low risk of sui- sive through was, ‘‘I want my babies!’’ She my baby! I don’t deserve to live!’’ were the cide’’ is the conclusion reached by Appleby had had two abortions, one at the age of 17, intrusive thoughts which haunted her wak- after studying all women aged 15 to 44 who and once at the age of 18 while in high ing hours. She had been seriously contem- committed suicide in England and Wales school. She was the youngest in a large fam- plating suicide. from 1973 to 1984.’’ The actual number of sui- ily and still living at home. Her fear was ANNIVERSARY REACTIONS cides in this group was only one-sixth of that that if she told her parents (who were older Suicide attempts on the expected date of expected relative to other women of the and in precarious health) that she has be- delivery of the aborted child or subsequent

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.118 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9529 anniversaries of that date or the date of the these statues and leave toys, flowers and and psychophysiological sequelae. abortion are common. Tishler describes two written messages for their babies. Epidemological studies are urgently needed adolescent girls who attempted suicide on PSYCHOSOMATIC SYMPTOMS which are statistically sound and which fol- the approximate date the fetus would have low women and men for at least ten years In addition to the psychophysiological an- been born had it come to term although one post-abortion. niversary reactions described above, the of them was not consciously aware of the In the meantime, case reports remain valid chronic stress of unresolved post-abortion significance of the date prior to her medica- psychiatric documentation of the many faces grief can also provide classical tion overdose. of post-abortion grief. The traditional teach- psychophysiologic reactions as the following Thirty out of 83 women surveyed regarding ing of our profession has not been by means post-abortion coping reported anniversary case illustrates. of controlled studies with a sample of several ‘‘Jerry’’ was doubled over in pain before a reactions associated with the abortion or the hundred and statistically significant stand- due date in a 1989 study from the Depart- scheduled media presentation. He had not ard deviations. Sigmund Freud, Eric ment of Psychiatry of the Medical College of had time for breakfast and forgotten the ant- Erikson, Viktor Frankl, Jean Piaget, and Ohio. In addition to intense and persistent acid medication he regularly took to control Robert Coles have told us about individuals emotional pain after abortion, these anniver- the peptic ulcer which he had recently devel- who they have studied in depth. Their de- sary reactions were characterized by phys- oped. Jerry’s wife had aborted their first tailed case studies have led to lasting in- ical symptoms most commonly involving the child without his knowledge, and had abort- sights into human development and the ori- reproductive system—abdominal pain and ed their second child without his consent. gins and treatment of psychopathology. dyspareunia, also headaches, chest pain, eat- After the birth of their third child, Jerry had The best treatment for any illness, of ing irregularities and increased drug and al- become over-protective of the boy, spending course, is primary prevention. Primary pre- cohol abuse. The authors state, ‘‘The time- every waking moment with him, even chang- vention of the negative psychiatric sequellae specific relationship of the symptoms to the ing his work schedule so as to be alone with of abortion involves the prevention of abor- original experience is often not recognized him while his wife worked. A divorce ensued tion itself by means of offering compas- by the subject and appears to be an attempt and sole custody of the child was awarded to sionate alternatives such as support in child to master through reliving rather than re- his ex-wife. Jerry’s grief became profound bearing, child rearing and adoption, but membering. Unresolved grief and pre-exist- and his psychosomatic symptoms increased. more importantly the prevention of un- ing dysphoria have been suggested as in- FAMILY ISSUES timely pregnancy by teaching the true creasing the likelihood of anniversary reac- As has been described above, post-abortion meaning of an reverence for human sexu- tions.’’ grief may be responsible for marital con- ality. If the conflicted issues could be seques- flicts, problems with sexual intimacy, and [From the Journal of Clinical Ethics, tered on a subconscious level throughout parent-child relationship difficulties. Two Summer 1993] most of the year and arise only under cam- additional case vignettes will further illus- ouflage to some extent, then a protective trate these issues. PROLONGED GRIEVING AFTER ABORTION: A role is certainly possible. The woman might ‘‘John’’ was a 28 year old office worker who DESCRIPTIVE STUDY be able to receive concern and attention entered psychotherapy because of a de- (By Douglas Brown, Thomas E. Elkins, and from others without necessarily having the pressed mood, difficulty sleeping, lack of David B. Larson) conflict identified. The authors advise physi- concentration at work, and conflicts with his INTRODUCTION cians and therapists to ask about particular wife and children. After several apparently ‘‘Legal abortion of an unwanted pregnancy events which may have occurred around the unproductive sessions with his therapist, he in the first trimester does not post a psycho- time of year when the patient presents poor- reported a dream during which a former logical hazard for women.’’ As exceptions to ly explained physical or psychiatric symp- girlfriend brought him into a room and in- this widely held generalization, most gyne- toms. It is easy to see how excessive medical troduced him to a ten year old boy, stating, cologists have an anecdotal story or two work-ups could lead to unnecessary tests and ‘‘This is your son!’’ Only then did he recall about a patient’s prolonged grieving after procedures and even unnecessary surgery. her pregnancy with their child and his active undergoing an abortion. The authors also report that women in the participation in her abortion. Subsequent Clinicians searching for perspective on a non-anniversary group in their study men- work with him revealed that it was his unre- patient’s prolonged grieving may be sur- tioned self-punishment as their reason for solved grief and guilt over that child’s loss prised by the number of publications about having a hysterectomy or tubal ligation or which was responsible for his current symp- potentially negative psychological sequel for suicidal behavior. toms. following induced abortion. Reviews of this The following case illustrates an unusual ‘‘Jeannie’’ was a six year old girl who was vast literature have located at least 30 at- anniversary reaction: referred for evaluation of school phobic tempts to design either randomized longitu- ‘‘Akiko’’, a Japanese college student, was symptoms. Her separation anxiety began at dinal studies or retrospective studies of pro- referred for presumed Premenstrual Syn- kindergarten and had not abated in first longed grieving after abortion. Based on drome (PMS) which was in fact an acute an- grade. She often stayed home complaining of questionnaires, psychological tests, and niversary reaction to her abortion which re- stomach aches and headaches. She would interviews, these studies have reported curred monthly. One or two days each month only go to school accompanied by her moth- prevalences of negative psychological sequel her dormitory staff reported that she would er, and terrible scenes occurred each time ranging from 2 percent to 41 percent. Most of not come out of her room for meals or for her mother was encouraged to leave with the studies did not follow participants past classes and spent the time crying inconsol- crying, screaming and kicking. Jeannie’s one year after their abortions. The six stud- ably—a most unusual occurrence among mother was afraid to leave her at school in ies that attempted to identify and interpret Asian students in their experience. that state even though the teachers assured prolonged negative experiences after induced Akiko had had an abortion the day before her that within a few minutes after her abortion all reported the phenomenon, but she left Japan to come to the U.S. to study mother’s departure Jeannie was able to enter they questioned whether the abortion itself early childhood education. Her first college the classroom and participate with the other or circumstances precipitating the choice of classes focused on pre-natal development. children. abortion brought on the symptoms. During a film showing intra-uterine life she Jeannie’s mother had aborted her previous Together, these studies have tended to en- suddenly became aware of the actual devel- pregnancy—a decision which she deeply re- courage the generalization that abortion, opmental stage of the fetus she had aborted gretted. This next child was burdened with when a conflict-free decision, brings relief to a few weeks before. From then on, each the patient. A corollary to this generaliza- her mother’s pathologically intense attach- month on the anniversary of her abortion tion is that abortion can have a disturbing ment to her which did not allow for age-ap- she had become overwhelmed and inconsol- or stabilizing impact, depending upon the propriate separation and growth for her able by sadness and guilt which she could past mental health history, emotional dy- child. not share with anyone. namics, and life circumstances peculiar to In the context of helping her to work CONCLUSION each woman who aborts. Most of the re- through her grief, I asked Akiko about how In 1973, an article in the Journal of the Na- searchers who conducted these studies have women in Japan deal with post-abortion tional Medical Association stated, ‘‘Early in- been careful to admit that their conclusions grief. I learned that it is common for moth- formation would tend to alert the physician are somewhat tenuous, given the possibly in- ers in Japan to request memorial services for to the need for systematic follow-up of all herent incompatibility between the objec- their children whom they believe they have abortion patients . . . The epidemologic con- tivity sought in a randomized study and the ‘‘sent from dark to dark.’’ At Buddhist tem- sequences of abortion may (therefore) be- deeply personal subject matter. Recent lit- ples parents rent stone statues of children come statistically relevant in the not-too- erature reviews have drawn specific atten- for a year during which time prayers are of- distant future with far-reaching public tion to such methodological limitations. fered for the babies to the god Jizu. More re- health significance.’’ A clinician’s search for perspective may be cently, the goddess Mizuko Kanon is believed With 26 million abortions in this country further complicated when the literature-re- to be better able to care for these water ba- in the 18 years since Roe v. Wade, and the view articles are themselves compared. For bies who arrive with smashed heads and continuing rate of 1.6 million abortions per instance, American Family Physician and shredded bodies because she has large hands year, we can no longer deny the public Psychiatric Journal of the University of Ot- with webbed fingers. Parents regularly visit health significance of their psychological tawa published review articles that had less

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.121 pfrm01 PsN: H10PT1 H9530 CONGRESSIONAL RECORD — HOUSE October 10, 2000 than one-third of their research citations in conceptual framework within which to hear used ‘‘masking’’ to categorize the disclosure common. Of those few citations in common, these women share a portion of their stories. that a patient hid inner feelings beneath an one-third were presented with nearly oppo- METHODOLOGY apparently stable and peaceful outward man- site interpretations by the two reviews. This study documents the selfreported suf- ner. Both the research and the reviews of re- fering experienced by 45 women after under- search that favor the generalization that in RESULTS going induced abortions. In 1987, the surgeon most instances abortion does not precipitate general invited several religious leaders from The letters revealed what these 45 women debilitating psychological sequelae appear to across the United States to Washington, perceived to be the most acute consequences be significantly limited. Nonetheless, we do D.C., to relate and comment upon the pos- not in this article take issue with this gener- from their abortions. Since the women were alization about abortion. We do contend that sible adverse consequences of abortion in the not asked to provide specific clinical infor- attention to each patient’s well-being and to experience of women in their congregations. mation or to comment on their perceived ra- the containment of healthcare costs keeps Among the invitees was the pastor of a large tionale for specific symptoms, we have the issue of potentially negative and pro- Protestant congregation in Florida. The con- avoided speculation about what the women longed psychological sequelae clinically rel- gregation was predominantly of white, did not mention. Categorization of reported evant. For instance, given the annual aver- urban, and middle-to-upper-class. experiences was based on explicit comments age of 1.5 million abortions in this country After informing a Sunday morning gath- in the letters. ering—which included from 1,600 to 2,000 alone, a 1 percent prevalence of a single psy- The ages of these women ranged from 25 to women on any given Sunday—of the upcom- chiatric disorder—major depression— over 60 years; 87 percent of those who men- ing meeting, this pastor asked for descrip- tranlates into 15,000 patients. tioned their age were less than 40 years old. tive letters from women who had negative In response to a presidential assignment, Their ages at the time of abortion (a few had experiences that they perceived to be linked Surgeon General Koop reported in 1989 that experienced multiple abortions) ranged from with a past abortion. One week later, 61 re- the research to date was so ambiguous or 16 to early 40s; 80 percent of those who men- plies, most anonymously forwarded through flawed that no conclusion about psycho- tioned age were under 30 years old. Of these the mail, had arrived. No follow-up requests logical consequences from abortion could be women, 81 percent indicated they had under- were made. Of the original 61 replies, five drawn. He believed the subject was impor- gone first-trimester abortions. Of those who came from significant others (two husbands, tant enough to recommend a definitive, mul- indicated the reasons they sought abortions, two sisters, and one parent) who recounted timillion dollar, randomized, longitudial 19 percent attributed their having abortions the negative impact of an abortion on a fam- study. However, when the initiation of such to overt family pressure; a few spoke of med- ily member. Another 11 letters were too brief a study remains doubtful and when retro- ical (4 percent) or financial (9 percent) rea- to be useful. This report is an attempt to de- spective studies have proven inconclusive, sons. Of the respondents, 64 percent spoke of some perspective on this concern can still be scribe and analyze the remaining 45 letters. We categorized the content of the letters more than incidental and transient grief im- sought through a presentation of cases. mediately after the procedure. Half of the re- Accordingly, this article examines the ex- for descriptive and comparative purposes. spondents mentioned having children subse- perience of negative emotional sequelae The categories we used were those found in quent to their abortions. Of the women who after abortion expressed by one previously the literature on negative psychological re- mentioned marital status, 75 percent were undescribed group of patients, with par- sponses and on the comparison between the single at the time of the procedure, and 71 ticular focus on the prolonged nature of expressions of grief following abortion to ex- percent placed the time of their abortions their experience. What is lacking in objec- pressions of grief associated with perinatal tivity from these unstructured responses is death, spontaneous abortion, and birth of a after Roe v. Wade. partially offset by the open-ended admission severely handicapped newborn. The sympto- Table 1 gives a summary of the negative of feeling and still-active painful memories. matic categories we included were masking, sequelae experienced by these women fol- Current attention in medical ethics lit- anger, loss, depression, regret, shame, fanta- lowing their abortions. Analysis of the let- erature to patients’ life stories, which a sizing, suicidal ideation, and guilt. One of ters is reported both for the total group and case-series design complements, provides a these classifications needs clarification. We for various subgroups. TABLE 1.—NEGATIVE FEELINGS FOLLOWING ABORTION

Feelings (percentage of respondents) Masking Anger Loss Depression Regret Shame Fantasizing Suicidal Guilt

All respondents (N=45) ...... 35.5 20.0 31.1 44.4 44.4 26.7 57.8 15.5 73.3 Age at time of abortion: Pre-21 (N=19) ...... 47.4 21.0 36.8 47.4 42.1 31.6 52.6 10.5 73.7 21–30 (N=17) ...... 17.6 29.4 17.6 47.0 47.0 35.3 58.8 17.6 82.3 Age at time of contact (1987): 21–30 (N=18) ...... 16.7 27.8 27.8 50.0 50.0 22.2 44.4 11.1 72.2 31–40 (N=14) ...... 42.8 28.6 35.7 35.7 42.8 42.8 71.4 7.1 78.6 Reason for abortion: Elective (N=33) ...... 32.2 17.6 29.4 44.1 47.0 26.5 52.9 17.6 73.5 Pressured (N=12) ...... 41.7 33.3 50.0 66.7 41.7 33.3 75.0 16.7 100.0 Subsequent children (N=26) ...... 38.5 11.5 46.1 50.0 50.0 19.2 73.1 19.2 73.1 Marital status at time of abortion: Single (N=30) ...... 36.7 26.7 23.3 53.3 36.7 30.0 56.7 16.7 76.7 Married (N=10) ...... 30.0 10.0 40.0 40.0 70.0 30.0 70.0 10.0 90.0 Practicing Christian at time of abortion: No (N=19) ...... 42.1 15.8 10.5 47.4 42.1 31.6 52.6 15.8 73.7 Yes (N=11) ...... 18.1 27.2 18.1 54.5 36.4 36.4 54.5 27.2 72.7 Time of abortion: Before Roe (N=10) ...... 60.0 10.0 10.0 50.0 20.0 30.0 50.0 30.0 60.0 After Roe (N=32) ...... 31.3 25.0 34.4 40.6 46.9 31.3 56.3 12.5 84.1

The responses of the women who described Wade. Fantasizing about the aborted fetus Half of the women who admitted fanta- their abortions as uncoerced were not notice- was the second most frequently mentioned sizing about the infant they might have had ably different from the total responses. How- experience, with more attention given to referred to that aborted fetus as ‘‘my baby.’’ ever, the presence of coercion in the deci- this experience by the older respondents and One woman, subsequent to the abortion, had sion-making process did distinguish these by those who felt coerced to have an abor- named ‘‘her baby’’ Jeremy. Several com- womens’ responses from the total responses tion. memorated the anniversaries of the abortion more than any other variable. The mention Many of the respondents noted, with vary- and of the aborted child’s projected birthday. ing wording, that they were writing ‘‘the of negative sequelae was consistently more These women described drifting into most difficult letter’’ they had ever written. frequent for women who felt coerced. The re- thoughts about the aborted child’s sex, tal- sponses of women who had borne children Half of the participants referred to their ents, appearance, and interests. Some found subsequent to an abortion varied little from abortions as murder. Others used such relief in vividly anticipating a reunion with the total responses, except in the mention of phrases as ‘‘a horrid mistake,’’ my worst ex- loss and of fantasizing about the infant they perience,’’ ‘‘a living hell.’’ Several men- their aborted infants in an afterlife. Un- might have had. tioned that hearing the word ‘‘abortion’’ avoidable reminders—such as celebrating The most frequently mentioned long-term would awake painful emotions. A number of Mother’s Day, receiving the news of a experience was the continued feeling of the women spoke of suicidal ideation (15.5 friend’s pregnancy, being invited to a baby guilt. Every woman who recalled being co- percent), recurrent nightmares (13.3 percent), shower, seeing children on a playground, and erced to have an abortion spoke of guilt. marital discord (15.5 percent), phobic re- even planning a birthday party for their own Those who had terminated pregnancies after sponses to infants (13.3 percent), fear of men children—kept many of these women moving Roe v. Wade spoke more frequently of guilt (8.9 percent), and disinterest in sex (6.7 per- from one painful emotional fantasy to the than those who had aborted before Roe v. cent). next. One woman explained:

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.125 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9531 ‘‘One cannot escape children—their birth, solicited. No psychological testing could be as well as significant others to probe signals the joy of a baby whether it be next door or done, nor was the frequency or perceived ef- of ambiguity from women considering abor- around every corner you turn. After all, who fectiveness of mental health treatment tion in a manner that is sensitive yet accu- would want to? Unless the reminder is un- noted. Incomplete demographic information rate. bearable. It takes years and you always re- permitted limited aggregate evaluation and Fourth, these letters raise questions about member. Your own children remind you. As conclusions. the hypothesis that religious fervor causes I face the rest of my life I will be reminded Still, we believe that the testimony of and/or magnifies psychological complica- daily, sometimes hourly. One day I will be a these women permits four observations that tions after abortion. Two out of three re- grandmother—I hope—and then the pain will suggest some perspective on prolonged nega- spondents mentioned that they were not once again become unbearable. I will always tive sequelae possibly associated with abor- practicing Christians or active members of be there. An abortion is forever.’’ tion. First, this series of cases reinforces a this particular church when they had their Another woman commented: ‘‘It (an abor- clinician’s anecdotal awareness that such abortions. Although there is the possibility tion) may seem the fastest way and easiest sequelae occur. If ethics has to do with what that religious beliefs encouraged the pro- way to put a bad experience behind them, ought to be done all things considered, then longed grieving, the responses of those but it does not stay there. It will surface clinicians should be careful not to be inat- women who were not practicing Christians when they fall in love, when they consider tentive to indications that an abortion may when they had their abortions did not differ marriage, at the birth of their child(ren), create for the woman terminating her preg- significantly from the responses of all the re- each time they have a physical, each time nancy a period of crisis, requiring effective spondents. Those who were practicing Chris- the word ‘‘abortion’’ is mentioned, when counseling and reliable support. tians when they had their abortions did indi- your child shows an interest in the opposite Such attention has not been encouraged by cate a slightly higher incidence of depression sex, when you look into the face of a baby, the social and political turmoil that has sur- and shame. The letters suggest that religious etc., etc. You see, it never goes away. rounded abortion since Roe v. Wade. Opinion convictions and religious involvement ap- Never.’’ about whether abortion inevitably causes pear to have deepened the psychological pain Of these women, 20 percent related nega- psychological harm for women terminating for some of the women, while for others the tive responses to the abortion procedure their pregnancies had begun to shift when same convictions and involvement served as itself. Some recalled crying continuously, the U.S. Supreme Court decided Roe v. Wade. an important resource to reduce the feelings while others remembered trying to stop the The American Psychiatric Association mem- of guilt and despair that had already devel- procedure once it had started. Every woman bership, for instance, did an about-face be- oped. tween 1967 and 1969 on the issue of legalizing who mentioned the procedure expressed dis- CONCLUSION abortion on request—with those in favor in- satisfaction with the lack of or superficial These letters have provided a window into creasing from 24 to 72 percent. In the after- counseling they received and with the physi- the ramifications that can surround abor- math of Roe v. Wade, elective abortion came cians involved in the procedure. tion. We are not taking issue with the gener- widely to be seen, in most instances, as a In some cases, the onset of negative alization, ‘‘legal abortion of an unwanted conflict-free decision. Consistent with this sequelae was immediate; Table 2 illustrates pregnancy in the first trimester does not perception, interpreters of data that sug- the length of time these symptoms had been pose a psychological hazard for women.’’ gested the occurrence of negative psycho- experienced. Of the respondents, 64 percent However, generalizations are, by definition, logic sequelae tended to minimize the inci- described their suffering as beginning imme- subject to exception. The more frequent the dence. For instance, Smith reported that diately after (or during) the procedure, and exceptions, the more tenuous becomes the ‘‘only’’ 6 percent of the 80 women studied had 42 percent reported negative emotional generalization. Here, 81 percent of the necessitated psychiatric treatment within sequelae endured over 10 years. One woman women who experienced painful and pro- two years of their abortions. Lazarus found experienced such symptoms for 60 years. longed emotional sequelae indicated that that ‘‘only’’ 15 percent of the 292 women fol- After years of turmoil, few at the time of their abortions were first-trimester abor- lowed for two weeks after abortion acknowl- writing expressed confidence that their tions. edged feelings of guilt and depression. Amer- symptoms might be eradicated. Our interpretation of these letters does not ican medical literature turned to other fac- reinforce either of the categorical posi- TABLE 2.—DURATION OF NEGATIVE FEELINGS FOLLOWING ets of potential perinatal grief responses. tions—for or against abortion—that are pres- The cultural climate permitted preabortion ABORTION ently polarized in public debate. This study counseling to become optional, rather than a does reinforce the need, if possible, for clini- Duration (percent of respondents) prerequisite to the procedure. cally valid studies of the syndrome of de- Second, it has been estimated that nearly layed grief among what appears to be a small Characteristics of respondents Imme- 0 to 5 6 to 10 10+ half of all women who received abortions but significant number of women who have diate deny having had abortions. The letters in onset years years years abortions. The causal relationship (or lack this article suggest that such denial is a re- thereof) between such women’s abortions and All respondents (N=45) ...... 64.4 6.7 40.0 42.2 fusal to publicize an experience, but not a re- their enduring, psychologic pain needs re- Age at time of abortion: fusal privately to face painful consequences. search documentation. The frequency needs Pre-21 (N=19) ...... 68.4 5.3 36.8 57.9 21–30 (N=17) ...... 70.6 11.8 28.6 42.8 Of these women, 35 percent spoke of masking to be determined. Factors that predict such Age at time of contact (1987) their experience with the appearance of well- problems need to be identified so that psy- 21–30 (N=18) ...... 61.1 16.7 55.5 16.7 being. Women who received abortions before chologic intervention can be made more 31–40 (N=14) ...... 57.1 ...... 7.1 64.3 Reason for abortion they were 21 mentioned masking their psy- readily available and even encouraged in Elective (N=33) ...... 51.5 3.0 33.3 42.4 chological pain far more frequently than the some settings. Pressured (N=12) ...... 100.0 ...... 37.5 25.0 women who had abortions when they were Clinical implications, not political rami- Subsequent children (N=26) 65.4 3.8 34.6 53.8 Marital status at time of abortion older. Women who had abortions before Roe fications, have prompted their descriptive Single (N=30) ...... 73.3 10.0 46.7 36.7 v. Wade mentioned this hidden pain twice as study. The quality of medical care and the Married (N=10) ...... 70.0 ...... 30.0 60.0 often as women who had abortions after Roe. assurance of truly informed consent in the Practicing Christian at time of abor- tion This difference may illustrate that since termination of pregnancy depend ultimately No (N=19) ...... 68.4 5.7 47.4 31.6 Roe, the social stigma associated with hav- upon prospective research of negative psy- Yes (N=11) ...... 63.6 18.1 27.2 36.3 ing an abortion has lessened. chological sequelae. Until such research is Time of abortion Before Roe (N=10) ...... 50.0 ...... 90.0 Third, a clinician has reason to be con- achieved, case services of such experiences After Roe (N=32) ...... 68.7 9.4 46.9 34.4 cerned when a women perceives the termi- should not be discounted on methodological nation of her pregnancy as a coerced deci- grounds or exploited in public debate. In- Note.—Because 11 respondents did not specify length of time, percent- ages do not add up to 100 percent. sion. The responses of the women who de- stead, they should be documented as remind- scribed their decisions to abort as freely cho- ers that abortion is, for some women, a mo- DISCUSSION sen did not differ significantly from the total ment of crisis of immediate and/or enduring Due to the manner in which the data be- responses, suggesting doubt about the per- proportion. What is at stake is not the valid- came available, this study’s design falls far ception that only coerced decisions put a ity of either side in the ongoing public de- short of the gold standard—a randomized, woman at risk. However, the responses of the bate over abortion, but the issue of patient double-blind longitudinal study. The data women who spoke of being coerced (by peers, care. are retrospective and self-reported. The per- family, medical complications, economic Mr. BROWN of Ohio. Mr. Speaker, I son responsible for gathering the data made fears) to have an abortion showed a higher have no further requests for time, and no provision to control for population vari- incidence of negative sequelae in all but one I yield back the balance of my time. ables. No uniform instrument was used. The emotional category (Table 1). They unani- Mr. BILIRAKIS. Mr. Speaker, I have participants came from a self-selected popu- mously admitted guilt feelings. Their prob- no further requests for time, and I lation group (the Protestant congregation) lems were, without exception, manifest im- with a known bias against induced abortion. mediately after the procedure, whereas only yield back the balance of my time. The possibility of embellishment by the sam- half of the women who did not feel coerced The SPEAKER pro tempore. The ple population, given the stated purpose for but later experienced problems mentioned question is on the motion offered by the requested letters, existed. Only negative such immediate sequelae. This difference the gentleman from Florida (Mr. BILI- responses to the experience of abortion were draws attention to the need for professionals RAKIS) that the House suspend the rules

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.129 pfrm01 PsN: H10PT1 H9532 CONGRESSIONAL RECORD — HOUSE October 10, 2000 and agree to the resolution, House Res- cies of the National Institutes of Health to the (1) Not more than 5 percent of the grant will olution 163. extent that such Institutes and agencies have be used for administration, accounting, report- The question was taken; and (two- responsibilities that are related to lupus. ing, and program oversight functions. ‘‘(c) PROGRAMS FOR LUPUS.—In carrying out thirds having voted in favor thereof) (2) The grant will be used to supplement and subsection (a), the Director of the Institute shall not supplant funds from other sources related to the rules were suspended and the reso- conduct or support research to expand the un- the treatment of lupus. lution was agreed to. derstanding of the causes of, and to find a cure (3) The applicant will abide by any limitations A motion to reconsider was laid on for, lupus. Activities under such subsection deemed appropriate by the Secretary on any the table. shall include conducting and supporting the fol- charges to individuals receiving services pursu- f lowing: ant to the grant. As deemed appropriate by the ‘‘(1) Research to determine the reasons under- Secretary, such limitations on charges may vary LUPUS RESEARCH AND CARE lying the elevated prevalence of lupus in based on the financial circumstances of the in- AMENDMENTS OF 2000 women, including African-American women. dividual receiving services. ‘‘(2) Basic research concerning the etiology (4) The grant will not be expended to make Mr. BILIRAKIS. Mr. Speaker, I move and causes of the disease. payment for services authorized under section to suspend the rules and pass the bill ‘‘(3) Epidemiological studies to address the 201(a) to the extent that payment has been (H.R. 762) to amend the Public Health frequency and natural history of the disease made, or can reasonably be expected to be made, Service Act to provide for research and and the differences among the sexes and among with respect to such services— racial and ethnic groups with respect to the dis- (A) under any State compensation program, services with respect to lupus, as ease. amended. under an insurance policy, or under any Fed- ‘‘(4) The development of improved diagnostic eral or State health benefits program; or The Clerk read as follows: techniques. (B) by an entity that provides health services ‘‘(5) Clinical research for the development and H.R. 762 on a prepaid basis. evaluation of new treatments, including new bi- Be it enacted by the Senate and House of Rep- (5) The applicant will, at each site at which ological agents. the applicant provides services under section resentatives of the United States of America in ‘‘(6) Information and education programs for 201(a), post a conspicuous notice informing indi- Congress assembled, health care professionals and the public. viduals who receive the services of any Federal SECTION 1. SHORT TITLE. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— This Act may be cited as the ‘‘Lupus Research For the purpose of carrying out this section, policies that apply to the applicant with respect and Care Amendments of 2000’’. there are authorized to be appropriated such to the imposition of charges on such individuals. SEC. 2. FINDINGS. sums as may be necessary for each of the fiscal SEC. 203. TECHNICAL ASSISTANCE. The Congress finds that— years 2001 through 2003.’’. The Secretary may provide technical assist- (1) lupus is a serious, complex, inflammatory, TITLE II—DELIVERY OF SERVICES ance to assist entities in complying with the re- autoimmune disease of particular concern to REGARDING LUPUS quirements of this title in order to make such en- tities eligible to receive grants under section 201. women; SEC. 201. ESTABLISHMENT OF PROGRAM OF (2) lupus affects women 9 times more often GRANTS. SEC. 204. DEFINITIONS. than men; (a) IN GENERAL.—The Secretary of Health and For purposes of this title: (3) there are 3 main types of lupus: systemic Human Services shall in accordance with this (1) The term ‘‘official poverty line’’ means the lupus, a serious form of the disease that affects title make grants to provide for projects for the poverty line established by the Director of the many parts of the body; discoid lupus, a form of establishment, operation, and coordination of Office of Management and Budget and revised the disease that affects mainly the skin; and effective and cost-efficient systems for the deliv- by the Secretary in accordance with section drug-induced lupus caused by certain medica- ery of essential services to individuals with 673(2) of the Omnibus Budget Reconciliation Act tions; lupus and their families. of 1981. (4) lupus can be fatal if not detected and (b) RECIPIENTS OF GRANTS.—A grant under (2) The term ‘‘Secretary’’ means the Secretary treated early; subsection (a) may be made to an entity only if of Health and Human Services. (5) the disease can simultaneously affect var- the entity is a public or nonprofit private entity, SEC. 205. AUTHORIZATION OF APPROPRIATIONS. ious areas of the body, such as the skin, joints, which may include a State or local government; For the purpose of carrying out this title, kidneys, and brain, and can be difficult to diag- a public or nonprofit private hospital, commu- there are authorized to be appropriated such nose because the symptoms of lupus are similar nity-based organization, hospice, ambulatory sums as may be necessary for each of the fiscal to those of many other diseases; care facility, community health center, migrant years 2001 through 2003. (6) lupus disproportionately affects African- health center, or homeless health center; or The SPEAKER pro tempore. Pursu- American women, as the prevalence of the dis- other appropriate public or nonprofit private en- ease among such women is 3 times the preva- tity. ant to the rule, the gentleman from lence among white women, and an estimated 1 (c) CERTAIN ACTIVITIES.—To the extent prac- Florida (Mr. BILIRAKIS) and the gen- in 250 African-American women between the ticable and appropriate, the Secretary shall en- tleman from Ohio (Mr. BROWN) each ages of 15 and 65 develops the disease; sure that projects under subsection (a) provide will control 20 minutes. (7) it has been estimated that between services for the diagnosis and disease manage- The Chair recognizes the gentleman 1,400,000 and 2,000,000 Americans have been di- ment of lupus. Activities that the Secretary may from Florida (Mr. BILIRAKIS). agnosed with the disease, and that many more authorize for such projects may also include the GENERAL LEAVE have undiagnosed cases; following: (8) current treatments for the disease can be (1) Delivering or enhancing outpatient, ambu- Mr. BILIRAKIS. Mr. Speaker, I ask effective, but may lead to damaging side effects; latory, and home-based health and support unanimous consent that all Members (9) many victims of the disease suffer debili- services, including case management and com- may have 5 legislative days within tating pain and fatigue, making it difficult to prehensive treatment services, for individuals which to revise and extend their re- maintain employment and lead normal lives; with lupus; and delivering or enhancing support marks and include extraneous material and services for their families. (2) Delivering or enhancing inpatient care on H.R. 762, the bill now under consid- (10) in fiscal year 1996, the amount allocated eration. by the National Institutes of Health for research management services that prevent unnecessary The SPEAKER pro tempore. Is there on lupus was $33,000,000, which is less than 1⁄2 hospitalization or that expedite discharge, as of 1 percent of the budget for such Institutes. medically appropriate, from inpatient facilities objection to the request of the gen- of individuals with lupus. TITLE I—RESEARCH ON LUPUS tleman from Florida? (3) Improving the quality, availability, and or- There was no objection. SEC. 101. EXPANSION AND INTENSIFICATION OF ganization of health care and support services ACTIVITIES. Mr. BILIRAKIS. Mr. Speaker, I yield (including transportation services, attendant myself such time as I may consume. Subpart 4 of part C of title IV of the Public care, homemaker services, day or respite care, Health Service Act (42 U.S.C. 285d et seq.) is and providing counseling on financial assist- Mr. Speaker, it is with great pleasure amended by inserting after section 441 the fol- ance and insurance) for individuals with lupus that I rise today in support of H.R. 762, lowing section: and support services for their families. the Lupus Research and Care Amend- ‘‘LUPUS (d) INTEGRATION WITH OTHER PROGRAMS.—To ments. This important measure ad- ‘‘SEC. 441A. (a) IN GENERAL.—The Director of the extent practicable and appropriate, the Sec- dresses the devastating, devastating, I the Institute shall expand and intensify re- retary shall integrate the program under this underline devastating, disease of lupus. search and related activities of the Institute title with other grant programs carried out by It was introduced by my colleague, the the Secretary, including the program under sec- with respect to lupus. gentlewoman from Florida (Mrs. ‘‘(b) COORDINATION WITH OTHER INSTI- tion 330 of the Public Health Service Act. EEK TUTES.—The Director of the Institute shall co- SEC. 202. CERTAIN REQUIREMENTS. M ), who lost her sister to complica- ordinate the activities of the Director under sub- A grant may be made under section 201 only tions from the illness. section (a) with similar activities conducted by if the applicant involved makes the following Lupus is a disease which causes the the other national research institutes and agen- agreements: body’s immune system to attack its

VerDate 02-OCT-2000 06:00 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.037 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9533 own cells, resulting in progressive dam- The bill sponsored by the gentle- the tickets here pushing this bill, I do age to all organs. It affects more than woman from Florida is a responsible not think it would have come to this 1.5 million Americans. The vast major- investment in our Nation’s health, and floor. ity of patients who suffer from lupus I urge its passage. A word of thanks to the chairman of are women, and a disproportionate Mr. Speaker, I yield 5 minutes to the the Committee on Appropriations, the number are minorities. Most women gentlewoman from Florida (Mrs. gentleman from Florida (Mr. YOUNG), are afflicted in their childbearing MEEK), the author of this bill, who has the ranking member, the gentleman years, making it difficult for them to fought on this issue for months and from Wisconsin (Mr. OBEY), and chair- work and care for their families. months and years and years. man of the Subcommittee on Labor, H.R. 762 expands lupus-related activi- (Mrs. MEEK of Florida asked and was Health and Human Services, and Edu- ties of the National Institutes of given permission to revise and extend cation, the gentleman from Illinois Health in the areas of basic research, her remarks.) (Mr. PORTER). And here I want to take epidemiology, treatment, diagnosis, Mrs. MEEK of Florida. Mr. Speaker, I a special moment to thank the gen- and public and health care provider thank the gentleman for yielding me tleman from Illinois, Mr. Speaker. education. It also authorizes project this time. It is a very proud moment Every year, every time the appropria- grants for the delivery of essential for me. It also is a moment of personal tions bill came before him, we did not services to individuals with lupus to be feeling at this time. I lost my dear sis- have any kind of legislation that would administered through local govern- ter to lupus and many of my very close authorize it, but he still added money ments, community hospitals, and other friends. to the NIH budget because he saw the nonprofit health care facilities. I want to thank the chairman, the very, very deleterious effects of this By enhancing research on lupus, the gentleman from Florida (Mr. BILI- disease. bill before us will speed the day when a RAKIS), for having gone with me for b 1530 cure is found for this terrible disease. quite a few years. I first applied for So I certainly want to thank all H.R. 762 will provide early diagnosis this bill in 1995, and it has been back those people and last, but not least, my and disease management services for and forth. But now we are at the point 244 colleagues who have cosponsored lupus patients. It will also increase where he has pushed, as chairman of this bill for bringing their help in outreach and expand patient care the Subcommittee on Health and Envi- bringing this bipartisan measure to the among low- income populations. Fur- ronment, and now the gentleman from floor. ther, the initiatives authorized under Ohio (Mr. BROWN), as his ranking mem- I want to especially thank Duane Pe- this measure will provide a road map ber. We have 243 people in this Con- ters and Lee Peckarsky of the Lupus for other private and public programs gress who feel this is important. Foundation of America and all of the to help victims of lupus. I am pleased to rise in support of it dedicated lupus volunteers from all H.R. 762, Mr. Speaker, has the sup- because it is going to expand and inten- around America who work so tirelessly port of 245 cosponsors in the House; and sify the research part of lupus. NIH to support this bill. it was unanimously approved by the each year has done something toward Mr. Speaker, we have heard a lot Committee on Commerce last month. I the application of research to lupus, today about lupus. It is an auto- urge my colleagues to join me in sup- but now we are asking that this be a immune disease that afflicts women porting passage of this very important mandate of NIH to be sure that they nine times more than it does men. It legislation. expand research efforts, so it will make has its most significant impact on Mr. Speaker, I reserve the balance of it much easier to diagnose this. This is women during the child-bearing years. my time. a crippler, Mr. Speaker. It is a crippler About 1.4 million Americans have some Mr. BROWN of Ohio. Mr. Speaker, I and it is a killer. It catches women in form of lupus, one out of every 185 yield myself such time as I may con- their childbearing years, and it is time Americans. Many of them do not even sume. we put research into it to find out recognize that they have it. Many Mr. Speaker, I want to commend the about it. There is very little known think they have arthritis or some kind gentlewoman from Florida (Mrs. MEEK) about this disease, too little known of rheumatoid disease because the di- for her dedication on the issue of lupus about it with its crippling effects. agnosis is so very hard. and her successful effort to put to- Since my arrival at the House in 1993, Lupus disproportionately affects Af- gether widespread support for this bill I have urged the Congress to direct NIH rican-American women. The prevalence in Congress. This bill has special mean- to mount an all-out campaign against of lupus among African-American ing for my colleague, and I am proud to lupus. If any of my colleagues have women is three times that of white be one of the bill’s 243 cosponsors. ever seen or talked to someone who women. We do not yet know why this is H.R. 762 provides a blueprint for com- suffers from this disease, they will so. This is one of the many mysteries bating lupus, a complex and lethal surely understand why. My colleague, about lupus that still needs to be re- solved. autoimmune disorder for which there the gentlewoman from Florida (Ms. Thousands of women with lupus die currently is no cure. Lupus affects nine OS EHTINEN R -L ), and I have also fought each year. Thousands of women die times more women than men, dis- for this in our Dade County. We have from complications caused by lupus. proportionately more blacks, His- found a great number of Hispanic and Many other victims suffer debilitating panics, more Asians, and is most com- black people who are certainly be- pain and fatigue, making it difficult to monly diagnosed in individuals be- sieged by this terrible disease. maintain employment and lead normal tween the ages of 15 and 45. I want to assure my dear colleagues lives. Many women who have young ba- The ability of lupus, as well as other that if we pass this bill and the Senate bies and have lupus cannot even hold autoimmune diseases, to strike some- takes it up and passes it on to the their children. Lupus is devastating one as young as 15 years old speaks to President, and if he signs it, we will not only to the patient but to family the need for expanded research. Lupus have alleviated in the future, I am members, as well. is not universally fatal. Young people sure, a great deal of pain and suffering. My bill authorizes appropriations of with lupus are capable of living active I want to thank the Speaker, and I such funds as are necessary for fiscal lives, but diagnosis is difficult. There is want to thank the minority leader, the year 2000 through fiscal year 2003 for not a test for lupus, and young people gentleman from Missouri (Mr. GEP- lupus research so badly needed, Mr. will continue to suffer and die from HARDT), the gentleman from Virginia Speaker. The education that goes along lupus without our help. (Mr. BLILEY), the ranking member, the with this bill is so badly needed and I am pleased that autoimmune dis- gentleman from Michigan (Mr. DIN- the treatment, as well. ease research was included in the chil- GELL), and chairman of the sub- So this also empowers the Secretary dren’s health bill now awaiting the committee, the gentleman from Flor- of the Department of Health and President’s signature. Autoimmune ida (Mr. BILIRAKIS), to be sure, as well Human Services to protect the poor diseases are unique. Research on one, as the ranking member, the gentleman and the uninsured from financial dev- like lupus, can benefit many others in from Ohio (Mr. BROWN), of the sub- astation by limiting charges to individ- a synergistic sort of way. committee. If it were not for the top of uals receiving lupus services pursuant

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.038 pfrm01 PsN: H10PT1 H9534 CONGRESSIONAL RECORD — HOUSE October 10, 2000 to the grant program, the way that we doing what the American people would Let me just say that this is a very do under the Ryan White CARE Act. want us to do. important piece of legislation. As we It is very important, Mr. Speaker, I hope this legislation will be taken walk and we talk to people who are suf- that we realize that this is a bipartisan up in the Senate. And I believe that, fering from this disease, we think bill that has been carried through this with the passage of this legislation, we about the fact that maybe we need to process by both Republicans and Demo- will be able to save many more lives do more. I think that this is a giant crats for the benefit of the people of and be on the pathway for doing more step in the right direction because we America. to improve the health of all Americans. need to do more in terms of research Mr. BILIRAKIS. Mr. Speaker, I re- Mr. BILIRAKIS. Mr. Speaker, I re- and need to make certain that treat- serve the balance of my time. serve the balance of my time. ment is available to those that suffer Mr. BROWN of Ohio. Mr. Speaker, I Mr. BROWN of Ohio. Mr. Speaker, I from this illness. yield 2 minutes to the gentleman from yield 2 minutes to the gentlewoman I think that access to treatment is New Jersey (Mr. PASCRELL from Texas (Ms. JACKSON-LEE). ). very, very important. I think that (Mr. PASCRELL asked and was given (Ms. JACKSON-LEE of Texas asked when we look at many people in some permission to revise and extend his re- and was given permission to revise and of the rural areas of this country that marks.) extend her remarks.) are having great difficulty getting Ms. JACKSON-LEE of Texas. Mr. Mr. PASCRELL. Mr. Speaker, I thank the gentleman from Ohio (Mr. treatment, I think that this is the Speaker, I would like to thank the gen- right step. tleman from Florida (Mr. BILIRAKIS) BROWN) for yielding me the time. I would like to again congratulate and thank the gentleman from Ohio Mr. Speaker, I would like to begin by my colleague from Ohio and, of course, (Mr. BROWN) for their leadership in this acknowledging my colleague, the gen- my colleague from Florida, both col- legislation and the chairman and the tlewoman from Florida (Mrs. MEEK), leagues from Florida, for their out- ranking member. I am also proud to be for her hard work, determination, and standing work in this effort and to say a co-sponsor of this important legisla- advocacy on behalf of those with lupus. to them that they probably do not real- tion. This is an issue that the congress- But I would really like to shower ap- woman has been working on for a very ize how many lives they are saving and plause down on my good colleague and long time. And I am pleased to see that how many people that are encoun- friend the gentlewoman from Florida the leadership is working in a bipar- tering all kinds of difficulties that they are going to make life better for all of (Mrs. MEEK) for the leadership that she tisan way to bring this legislation to has offered and the persistence that she the floor. them. And I want to salute them for has offered not only on the floor of the Mr. Speaker, this should be the way that. House and tracking this bill through we should handle all matters in these Mr. BROWN of Ohio. Mr. Speaker, I Commerce, but working every year final, final days. We need to do here for yield back the balance of my time. diligently with the appropriators to those least able to help themselves. I Mr. BILIRAKIS. Mr. Speaker, I yield provide funds for research regarding think that should be the barometer. It myself such time as I may consume. this devastating disease. will help us through these tough days. Mr. Speaker, just very quickly. This This is a serious, complex, inflam- Lupus kills. I lost a very dear friend, is a very, very important piece of legis- matory, autoimmune disease that af- a young mother, who did not get a lation, and we are all very pleased to fects women nine times more often chance to see her children grow up. have been a part of it. An awful lot of than men. Oftentimes those suffering And then I have a dear friend named hard work went into it. from lupus are not diagnosed in a time- Pat who lives valiantly with lupus but The personal staff of the gentle- yet suffers every day. Her enthusiasm ly manner. I have seen that happen to close friends. They remain in pain and woman from Florida (Mrs. MEEK) and for being alive was seen through her my personal staff, Anne Esposito par- hard work in organizing a Lupus Day the sickness progresses. It has been estimated that between ticularly, and the Committee on Com- walk to raise funds in Houston. 1.4 and 2 million Americans have been merce both majority and minority I want to encourage those around the diagnosed with this disease and that staffs are really to be congratulated. Nation who want to educate people many more have undiagnosed cases. They are responsible for this more so about lupus to continue to go out and The victims of the disease suffer de- than the rest of us. walk and to have walks that will raise bilitating pain and fatigue, making it Mr. Speaker, I ask for support of this private money and along with federal difficult to maintain employment and legislation. funds we may find a cure for this dis- to lead normal lives. Mr. DAVIS of Virginia. Mr. Speaker, I rise ease that strike down young women. This critical legislation will correct Lupus does kill. It disproportionately today in strong support of H.R. 762, the Lupus the oversight that was made in the Research and Care Amendments of 1999. I affects African-American women, as past by providing increased funding for the prevalence of the disease among am proud to be a cosponsor of this legislation NIH scientific and clinical research and to expand and intensify the research efforts of such women is three times the preva- for improved patient access and care lence among white women and an esti- the National Institute of Health to diagnose, measures. It will ensure that every per- treat, and eventually cure lupus. mated one in 250 African-American son who suffers from this disease will Lupus is a very serious illness that causes women between the ages of 15 and 65 receive the highest quality of care pos- the body's immune system to attack its own develop the disease. But it affects all sible. cells. More people suffer from this little-known women. And more than 1.4 million to 2 The funding will also improve the illness than from cerebral palsy, multiple scle- million Americans have been diagnosed quality, availability, and the organiza- rosis, sickle cell anemia, cystic fibrosis, and with the disease and there are many tion of health care and support services AIDS combined. Although lupus may occur at more undiagnosed cases because some- for individuals with lupus and support any age and in either sex, 90 percent of those times people do not know what they services for their families. have, they just feel they have a few I wholeheartedly support the passage affected are women. During the childbearing aches and pains. But yet, if they are of this legislation and encourage all years, lupus strikes women 10 to 15 times not diagnosed, they can ultimately die my colleagues to do the same. more often than men. More than 1.5 million from the disease. Mr. BILIRAKIS. Mr. Speaker, I re- Americans have been diagnosed with this ter- I want to thank the gentlewoman serve the balance of my time. rible disease. Many more cases go from Florida (Mrs. MEEK) for the $33 Mr. BROWN of Ohio. Mr. Speaker, I undiagnosed, since the symptoms of this dis- million that was allocated in 1996 for yield 1 minute to the gentleman from ease tend to wax and wane with passing time. the National Institutes for Health to New York (Mr. TOWNS). H.R. 762 would require the Director of the do more research. This is an important Mr. TOWNS. Mr. Speaker, let me National Institute of Arthritis and Musculo- legislative initiative. Every time we begin by first congratulating my col- skeletal and Skin Diseases to expand its re- can come to the floor of the House in a league, the gentlewoman from Florida search activities on the disease lupus, espe- bipartisan way to save lives of Ameri- (Mrs. MEEK), of course and the ranking cially with regard to its increasing prevalence cans, I think, Mr. Speaker, that we are member of the subcommittee, as well. among women. The bill expands lupus-related

VerDate 02-OCT-2000 06:00 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\K10OC7.040 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9535 activities at the Institute into the areas of basic immune Diseases Coordinating Committee The SPEAKER pro tempore. Pursu- research, epidemiology, treatment, diagnosis, and Advisory Council that will develop a plan ant to the rule, the gentleman from and public and health care provider education. for NIH activities related to autoimmune dis- Florida (Mr. BILIRAKIS) and the gen- H.R. 762 also authorizes project grants to im- eases and to require different institutes within tleman from Ohio (Mr. BROWN) each prove health delivery services through local NIH to provide a detailed report to Congress will control 20 minutes. governments and to community hospitals. specifying how funds were spent on auto- The Chair recognizes the gentleman Mr. Speaker, H.R. 762 would provide the immune diseases. from Florida (Mr. BILIRAKIS). needed support to NIH in their works towards Recently, the American Journal of Public GENERAL LEAVE making medical breakthroughs in the fight Health published a study demonstrating that Mr. BILIRAKIS. Mr. Speaker, I ask against lupus. I urge all of my colleagues to autoimmune disorders are among the top 10 unanimous consent that all Members join me in voting in support of the lupus re- leading causes of death among women under may have 5 legislative days within search and care amendments. 65, indeed today, three-quarters of the 13.5 which to revise and extend their re- Mr. DINGELL. Mr. Speaker, I strongly sup- million Americans afflicted with an auto- marks and to include extraneous mate- port H.R. 762, the Lupus Research and Care immune disease are women. rial on H.R. 1042. Amendments. I want to commend my good I urge my colleagues to support H.R. 762, to The SPEAKER pro tempore. Is there friend and colleague, Representative CARRIE support the health of our nation's citizens. objection to the request of the gen- MEEK for her steadfast advocacy for this ex- Mr. Speaker, I yield back the balance tleman from Florida? cellent legislation. Lupus is a debilitating and of my time. There was no objection. sometimes fatal auto-immune disease that dis- The SPEAKER pro tempore (Mr. GIB- Mr. BILIRAKIS. Mr. Speaker, I yield proportionately afflicts women, particularly BONS). The question is on the motion myself such time as I may consume. women of color. Today's vote brings help and offered by the gentleman from Florida Mr. Speaker, I rise today in support hope to approximately 1.5 million Americans (Mr. BILIRAKIS) that the House suspend of H.R. 1042, the Drug Dealer Liability with lupus, and their families. the rules and pass the bill, H.R. 762, as Act. I am pleased to act on this legisla- H.R. 762 accomplishes two goals. Title I amended. tion because it will give law enforce- recognizes the National Institute of Health's The question was taken. ment authorities and the American (NIH) present research activities on the many Mr. BILIRAKIS. Mr. Speaker, on public another tool in our efforts to re- facets of this disease through the National In- that I demand the yeas and nays. duce the use of illegal drugs. stitute of Arthritis and Musculoskeletal and The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- We have all known for some time, Skin Diseases and the Autoimmune Diseases ant to clause 8 of rule XX and the Mr. Speaker, that the costs of drug Coordinating Committee. It authorizes appro- Chair’s prior announcement, further abuse in the United States are cer- priations to expand and intensify these activi- proceedings on this motion will be tainly quite high. In addition to the ties with emphasis on earlier diagnosis, better postponed. terrible impact drugs have on users, ex- treatment, and an eventual cure. Epidemio- f perts estimate that our country loses logic studies and education about lupus for the close to $100 billion a year to drug-re- public and health professionals will also be un- DRUG DEALER LIABILITY ACT OF lated illnesses, lost productivity and dertaken with funds made available by this bill. 1999 crime. In many cases, these costs are Title II addresses on-going primary care and Mr. BILIRAKIS. Mr. Speaker, I move being absorbed by American families treatment needs of poor and uninsured individ- to suspend the rules and pass the bill and those who are victimized by the uals with this expensive-to-treat and debili- (H.R. 1042) to amend the Controlled drug trade. The bill of the gentleman tating disease. It authorizes the Secretary to Substances Act to provide civil liabil- from Iowa (Mr. LATHAM) would help award care grants to local governments, com- ity for illegal manufacturers and dis- change that. munity hospitals, health centers, and other tributors of controlled substances for Under H.R. 1042, drug dealers would nonprofit health facilities for the provision of the harm caused by the use of those begin paying from their own pocket- out-patient care and a breadth of support serv- controlled substances. books for the damage that they level ices to affect individuals and the family mem- The Clerk read as follows: on our society. This legislation would bers who are involved in their care. The holis- H.R. 1042 allow victims of the drug trade to re- tic treatment and support services provided by Be it enacted by the Senate and House of Rep- cover civil money damages from indi- H.R. 762 will diminish the sense of isolation resentatives of the United States of America in viduals who have sold or manufactured that is concomitant to chronic illness by weav- Congress assembled, illegal drugs. ing a safety-net of services. SECTION 1. SHORT TITLE. Parents, drug-addicted babies, and This an excellent bill and I urge my col- This Act may be cited as the ‘‘Drug Dealer employers will now have an expanded leagues to join me in supporting its passage Liability Act of 1999’’. ability to punish drug dealers and put today. SEC. 2. FEDERAL CAUSE OF ACTION FOR DRUG these criminals out of business. DEALER LIABILITY. Mrs. MORELLA. Mr. Speaker, I am de- This type of law is already on the lighted to join my good friend and colleague, (a) IN GENERAL.—Part E of the Controlled Substances Act is amended by adding at the book in 12 States and would be ex- Congresswoman CARRIE MEEK, as we move end the following: tended to the other 38 under this bill. forward and pass H.R. 762, the Lupus Re- ‘‘SEC. 521. FEDERAL CAUSE OF ACTION FOR So, Mr. Speaker, I commend the dis- search and Care Amendments. DRUG DEALER LIABILITY. tinguished gentleman from Iowa (Mr. This bill would amend the Public Health ‘‘(a) IN GENERAL.—Except as provided in LATHAM) for authoring this legislation. Service Act and require the Director of the Na- subsection (b), any person who manufactures By passing this bill, we are sending a tional Institute of Arthritis and Musculoskeletal or distributes a controlled substance in a fel- message to America’s drug dealers: and Skin Diseases to expand and intensify its ony violation of this title or title III shall be Dealing drugs does not pay. If they are liable in a civil action to any party harmed, research activities on the disease lupus, espe- an aspiring drug dealer and believe cially with regard to its increasing prevalence directly or indirectly, by the use of that con- trolled substance. that they can make a lot of money off among African-American and other women. ‘‘(b) EXCEPTION.—An individual user of a of selling drugs, think again. Under This bill will expand lupus-related activities controlled substance may not bring or main- this proposal, they will be at great risk at the Institute into areas of basic research, tain an action under this section unless the of going bankrupt. treatment, diagnosis, and public and health individual personally discloses to narcotics I urge support of this legislation. care provider education. enforcement authorities all of the informa- Mr. Speaker, I reserve the balance of Mr. Speaker, lupus is an autoimmune dis- tion known to the individual regarding all my time. ease, passage of this H.R. 762, will leverage that individual’s sources of illegal controlled Mr. BROWN of Ohio. Mr. Speaker, I H.R. 4365, ``The Children Health Act of 2000'' substances.’’. (b) CLERICAL AMENDMENT.—The table of yield myself 2 minutes. which was recently passed by this House. sections for the Comprehensive Drug Abuse Mr. Speaker, I am pleased to support Title XIX of this bill, ``NIH Initiative on Auto- Prevention and Control Act of 1970 is amend- the Drug Dealer Liability Act; and I immune Diseases'', requires the Director of ed by inserting after the time relating to commend its author, my colleague, the NIH to expand, intensify, and coordinate the section 520 the following new item: gentleman from Iowa (Mr. LATHAM). activities of NIH with respect to autoimmune ‘‘Sec. 521. Federal cause of action for drug H.R. 1042 would subject individuals diseases. This includes forming an Auto- dealer liability.’’. who participate in illegal drug activity

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.030 pfrm01 PsN: H10PT1 H9536 CONGRESSIONAL RECORD — HOUSE October 10, 2000 to civil liability. The civil justice sys- ticipated in the sale of the types of illegal drugs an opportunity to hold the dealers of this tem is an important deterrent to un- drugs that have caused their injuries. poison accountable under criminal and civil lawful activity and an effective avenue The legislation I am offering today would law. for compensating individuals and orga- provide a civil remedy for people harmed by THE LATHAM DRUG DEALER LIABILITY ACT nizations harmed by illegal activity. drugsÐwhether it be the actual user, the fam- According to a joint study by the Center No illegal activity inflicts more ily of a user or even the hospital that provides for Substance Abuse Treatment and the Uni- harm than the illegal drug trade. Ille- treatmentÐto hold drug dealers accountable versity of Maryland, drug abuse cost the gal drugs fuel crime, siphon public and for selling this poison that is tearing apart the United States $98 billion in 1992. The major- private dollars into prevention and fabric of our society. There are drug pushers ity of the costs were due to drug-related ill- treatment programs. They undercut in all of our congressional districts who profit nesses, lost productivity, crime and pre- mature death. It’s time drug dealers started productive lives. They undermine en- from this culture of death, pain and depend- paying for these costs. tire communities. They kill our chil- ency that must be taken to task. Many of them The Latham amendment would be most ef- dren. elude the authorities by getting off on tech- fective in instances where a dealer has got- b 1545 nicalities or through their position as affluent ten off in criminal court on a technicality. A persons in the community. However, that plaintiff would only need to provide that The criminal justice system is giving should not make them immune from paying for there is a preponderance of evidence that a the drug problem its primary atten- the destruction they cause. defendant was the dealer in a civil case, un- tion. Its counterpart, the civil justice This legislation would empower victims to like the much stricter standard in criminal system, should be brought into the court. The success of this strategy is well take action like the Utah housewife who sued demonstrated by the civil case brought fight. her husband's drug dealer ``friend'' of six years Individuals who engage in the drug against O.J. Simpson by the family of victim under that State's drug dealer liability law. Her Ron Goldman. trade should know that they will be husband actually shared a vacation cabin with The amendment could also prove effective held financially liable for the harm the dealer until, after years of abuse, her hus- against professionals dealing to their they cause. Manufacturers and dis- band lost his job and ruined the family. Other ‘‘friends’’ who they share a professional rela- tributors of these drugs should bear the states, such as California, Arkansas, Illinois, tionship with, such as lawyers, stockbrokers, costs associated with their illegal ac- Michigan, Georgia, Louisiana, Indiana, Hawaii, and other high-income users. People who think our nation’s drug problem exists only tivity, including the costs of medical South Dakota and Oklahoma, and just Octo- treatment or drug rehabilitation. Tax- in the cities and among the poor are way off ber 1, Maryland have enacted similar laws. the mark. The problem is everywhere, as payers currently bear most of that bur- The first lawsuit brought under a state drug much in small towns in Iowa as it is in den. That is not the way it should be. dealer liability law was brought by Wayne America’s big cities. This legislation gives us another County Neighborhood Legal Services on be- The Latham amendment would even be weapon in the war against drugs. I am half of a drug-addicted baby and its siblings. useful in cases where the dealer has already pleased to support it. The suit resulted in a judgment of $1 million been convicted. According to a U.S. Supreme Mr. LATHAM. Mr. Speaker, I rise today as in favor of the baby. The City of Detroit joined Court ruling in June of 1999 (U.S. v. Bajakajian), certain seizures by the govern- the sponsor of H.R. 1042, the Drug Dealer Li- in on the suit and received a judgment for ability Act, to urge your strong support for this ment may be ruled unconstitutionally dis- more than $7 million to provide drug treatment proportional under the Eight Amendment’s important legislation. This is not the first time for inmates in the city's jails. excessive fines clause. This could mean that we have addressed this issue. You may recall This legislation, while not as comprehensive a convicted drug dealer or manufacturer may the House voted overwhelmingly to add the as those state lawsÐwhich incorporate a maintain a portion of their assets and/or very provisions included in this legislation to broad reaching liabilityÐdoes provide a simple property after a government seizure or for- the Juvenile Justice Bill in 1999. tool to empower victims. In fact, this legislation feiture. As an excessive fine is defined in Unfortunately, juvenile crime is a growing is perfectly suited to go after the ``white collar'' U.S. v. Bakajian, the case sets a Constitu- tional precedent in this area for the first trend across the nation. For years, the rural drug dealers who's clientele includes their pro- states thought themselves immune from the time. It certainly opens up the excessive fessional ``friends'', and who are less likely to fines clause of the Eighth Amendment up for serious juvenile crime and drug problems on be the subject of a criminal investigation. As what could be construed as a stricter appli- America's coasts and in the big cities. How- we all know, parents who abuse drugs are cation. ever, this is no longer the case. more likely to have children that abuse drugs In fact, nowhere is the juvenile crime prob- as well. Basically, the legislation provides a civil lem growing faster than in America's heart- It is my hope the prospect of substantial vehicle for punishment of drug dealers and land. This is, of course, directly related to the monetary loss made possible my legislation for recovery of damages for those injured (di- incredible growth in drug use. According to the rectly or indirectly) as a result of an individ- would also act as a deterrent to entering the ual’s use of a controlled substance. U.S. Department of Justice's latest statistics, narcotics market. Dealers pushing their poison The parameters of the legislation are in- juvenile drug arrests across the nation have on our children and other family members may tentionally broad to allow as many injured more than doubled since 1988. My home state think again when they consider that they could individuals to benefit while creating an in- of Iowa is experiencing an unprecedented in- lose everything even without a criminal convic- creased window of liability for the drug deal- flux of methamphetamine. In calendar year tion. In addition, this legislation would estab- er. Therefore, not only would the individual 1999, there were over 300 federal meth- lish an incentive for users to identify and seek who used the drugs be able to bring about a amphetamine lab seizures in the State of payment for their own drug treatment from suit, but so would their parents, employer Iowa. State law enforcement personnel seized (for losses resulting from the employee’s those dealers who have sold drugs to the user drug use), health care providers, and even an additional 500 labs during that same time. in the past. While this legislation is not meant governmental entities. In fact, a suit could Clearly, our children are the most innocent to be a ``silver bullet'', it is another tool to com- be filed on behalf of a drug baby (in utero li- and vulnerable of those affected by illegal bat and deter drug abuse and trafficking. ability) or by that child once they reach the drug use. The very nature of drug abuse Current law allows for a producer of a prod- age of 18. makes this an epidemic that has severe mon- uct that injures a consumer to be held liable STATES WHO HAVE PASSED SIMILAR LAWS etary costs as well, creating significant finan- for injuries resulting from the use of that prod- Hawaii, Indiana, Michigan, Utah, Illinois, cial challenges for parents, law enforcement uct. However, most states do not provide for California, Arkansas, Oklahoma, Georgia, and human services providers. For many of compensation from persons who cause injury Louisiana, Kansas, South Dakota, and Mary- the juvenile addicts, who are increasingly fe- by intentionally distributing illegal drugs. The land. male, the only hope is extensive medical and Latham Drug Dealer Liability Act fills the gap EXAMPLES OF SETTLEMENTS IN STATE CASES psychological treatment, physical therapy, or to make drug dealers liableÐunder civil lawÐ First lawsuit under the act (July 21, 1995) special education. for the injuries to the victims of drugs. resulted in a judgment of $1 million in favor All of these potential remedies are expen- Finally, I hope that I will be able to work of a drug baby, as well as more than $7 mil- lion to the City of Detroit for drug treat- sive. In fact, recent figures estimate the an- with Chairman MCCOLLUM and the ranking nual cost of substance in the United States to ment expenses for inmates in the city’s jails. Member, Mr. CONYERS, on a more com- The suit was filed by attorneys from Wayne be nearly $100 billion. Juveniles, through their prehensive liability measure in the future. County Neighborhood Legal Services on be- parents or through court appointed guardians, With that, Mr. Speaker, I urge my col- half of the drug baby and its siblings. should be able to recover damages from those leagues to support H.R. 1042, the Drug Dealer A case was settled in Utah in which the in the community who have entered and par- Liability Act, and give the victims of illegal wife of a drug abuser brought a case against

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.043 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9537 her husband’s dealer of six years under the Whereas there are an estimated 200 million veloping a nationally recognized pro- Utah DDLA law. pages of pornography, hate, violence, and gram called Operation Blue Ridge MAKING IT A FEDERAL CASE abuse on the Internet; Thunder, Sheriff Brown and his office This legislation, intended to extend the Whereas there are multitudes of strangers have targeted pedophiles that use the who use the Internet to enter homes, talk to drug dealer liability to the Federal level, Internet to reach children. While law would establish a vehicle for persons in the and ‘‘groom’’ children, and will take inde- cent advantages of those children if given a enforcement officials in Bedford Coun- 38 states that have not enacted a similar law ty, Virginia and elsewhere have been (and to those in the twelve states listed chance; above if the Federal law is preferable). How- Whereas children have been raped, as- successful in apprehending on-line ever, the amendment would only allow an in- saulted, kidnapped, and deprived of their in- predators, there is no substitute for dividual who used drugs to recover damages nocence by individuals they met on the having parents and children that are if they worked with authorities to provide Internet; and aware and educated on the dangers information on all of that individual’s nar- Whereas September 2000 is Internet Safety that exist on the Internet and how to cotics sources. Awareness Month: Now, therefore, be it Resolved, That the House of Representa- keep children safe from online preda- The Latham amendment is different from tors. With the aid of grants from the the Drug Dealer Liability Act laws in these tives— states in that it only extends liability to per- (1) urges the citizens of the United States U.S. Department of Justice, the Bed- sons who are found to have knowingly pro- to recognize and support educational pro- ford County sheriff’s office has also vided or manufactured the drugs that grams that make surfing on the Internet safe conducted Internet safety programs harmed the individual or party filing the and fun; dubbed Safe Surfin’ in the local suit. The state laws are based on a broad (2) supports initiatives to educate parents, schools. They hope to make children market liability standard that holds dealers children, educators, and community leaders about the enormous possibilities and the po- aware of the dangers and teach them liable based on the premise that a dealer is how to surf the Internet safely. involved in the illegal drug trade in a par- tential dangers of the Internet; (3) urges all Americans to become informed I want to commend many of my col- ticular area and so is directly or indirectly leagues who attended the demonstra- involved in the promotion of the illegal about the Internet and to support proactive drugs that harmed the plaintiff. efforts that will provide Internet safety for tion here in the Capitol in September The Latham amendment fills a void in two children and for future generations to come; of 1999 on Operation Blue Ridge Thun- ways: (1) it provides compensation for the and der that was provided by the Bedford victims of crime, and (2) it holds the drug (4) expresses the sincere appreciation of County sheriff’s office. The demonstra- dealers accountable that escape criminal the House of Representatives for the thou- tion showed the extensive presence of sands of law enforcement officials who are punishment—whether it be as a result of get- pedophiles and predators online and il- ting off on a technicality or because a person aggressively working to protect America’s children while they are online. lustrated the importance and necessity may deal to a ‘‘behind the scenes’’ white col- of Internet safety awareness and edu- lar crowd as opposed to the more con- The SPEAKER pro tempore. Pursu- cation. spicuous street gangs. Those ‘‘high dollar’’ ant to the rule, the gentleman from The Commonwealth of Virginia rec- dealers are less likely to be apprehended by Florida (Mr. BILIRAKIS) and the gen- law enforcement—why should they get off ognized September as Internet Child tleman from Massachusetts (Mr. MAR- scot-free? Like the wife in Utah, more family Safety Awareness Month and has run KEY) each will control 20 minutes. members may be willing to take matters public service announcements on tele- The Chair recognizes the gentleman into their own hands and go after those who vision and radio warning parents of the from Florida (Mr. BILIRAKIS). deal this poison to our children and other dangers that exist on the Internet. I loved ones. GENERAL LEAVE commend the Commonwealth for its Mr. BROWN of Ohio. Mr. Speaker, I Mr. BILIRAKIS. Mr. Speaker, I ask proactive role in promoting Internet yield back the balance of my time. unanimous consent that all Members safety, and I hope that my colleagues Mr. BILIRAKIS. Mr. Speaker, I yield may have 5 legislative days within will join me in passing this resolution back the balance of my time. which to revise and extend their re- raising awareness to the dangers of the The SPEAKER pro tempore (Mr. GIB- marks on this legislation and to insert Internet and supporting efforts to edu- BONS). The question is on the motion extraneous material on the resolution. cate parents and children on the safe offered by the gentleman from Florida The SPEAKER pro tempore. Is there use of the Internet. (Mr. BILIRAKIS) that the House suspend objection to the request of the gen- Mr. MARKEY. Mr. Speaker, I yield the rules and pass the bill, H.R. 1042. tleman from Florida? myself such time as I may consume. The question was taken; and (two- There was no objection. Mr. Speaker, I rise to congratulate thirds having voted in favor thereof) Mr. BILIRAKIS. Mr. Speaker, I yield the authors of this very well thought the rules were suspended and the bill such time as he may consume to the out House resolution. As we move deep- was passed. gentleman from Virginia (Mr. GOODE). er and deeper into the Internet era, we A motion to reconsider was laid on Mr. GOODE. Mr. Speaker, I rise in reach the Dickensian conclusion that the table. support of H. Res. 575, a resolution to it is the best of wires and it is the f promote Internet safety awareness. As worst of wires simultaneously, that it SUPPORTING INTERNET SAFETY more and more Americans are utilizing has the ability to enable and to enno- AWARENESS the Internet and many children in this ble but it also has the ability to de- country have access to the Internet, it grade and to debase. It is this duality Mr. BILIRAKIS. Mr. Speaker, I move is important that we raise awareness of personality that we are talking to suspend the rules and agree to the to the dangers that the Internet can about here today. resolution (H. Res. 575) supporting pose, especially to children. This resolution is one that basically Internet safety awareness, as amended. As this resolution reflects, the Na- urges all citizens of the country, par- The Clerk read as follows: tional Center for Missing and Exploited ents and educators, librarians, law en- H. RES. 575 Children estimates that one out of five forcement officials, everyone in our so- Whereas the Internet provides citizens of missing 15-, 16- and 17-year-olds in ciety to take a more active role in sup- the United States with the technology for re- America are due to Internet activity. porting educational programs that help search, education, entertainment, and com- There are many predators that use the munication; to make Internet surfing safe for young Whereas millions of Americans, many Internet to make contact and gain in- people in our country and to generally school libraries and classrooms, and many formation on unsuspecting children. support all of the programs in our public libraries are connected to the Inter- Children have been raped, assaulted country that promote Internet safety. net; and kidnapped by individuals they met It is a straightforward, common Whereas more than 1 out of 5 missing 15- to on the Internet. sense resolution. The gentleman from 17-year-old teenagers have disappeared be- In Bedford County, Virginia, a coun- Texas (Mr. GREEN), a good Democratic cause of someone they met while chatting on ty that I represent along with the gen- Member, added language to this bill the Internet; Whereas there are an estimated 10,000 tleman from Virginia (Mr. GOODLATTE), which also commends the law enforce- Internet websites designed for or by individ- we are proud of the diligent work that ment community for everything that uals who have a sexual preference for chil- Sheriff Mike Brown and his office have they are doing to help to promote an dren; done to combat Internet predators. De- environment in which children are not

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.070 pfrm01 PsN: H10PT1 H9538 CONGRESSIONAL RECORD — HOUSE October 10, 2000 exploited online. We all know that we 300,000 children are now involved in the of the American people is very valu- have a child online privacy act that illegal sex trade. This event was held able. I again commend the gentleman protects children 12 and under in terms to assist Members of Congress in exam- from Virginia (Mr. GOODE) for his lead- of their privacy as they use commer- ining how law enforcement agencies ership on this issue and urge my col- cial online sites, but we do not have are fighting child pornography and sex- leagues to support this resolution. any laws protecting anyone over the ual predators and exploring ways to Mr. MARKEY. Mr. Speaker, I yield age of 12. And we cannot really say improve efforts to address this growing myself such time as I may consume. honestly that a 13-, a 14-, a 15-, a 16- national problem. There is unanimous agreement on year-old is not in need of legal protec- Operation Blue Ridge Thunder is one the Democratic side that this is a very tion as well. I think that the next Con- of a handful of agencies nationwide to good resolution. It is something that gress is going to be addressing those receive a Justice Department grant to does, in fact, capture the sense of the issues. surf online chat rooms for pedophiles. Congress and the American people that But generally speaking, I think that The success of these agencies has been more has to be done in order to ensure since these children are in a situation significant, and, in response, over 125 that these kinds of predatory practices with a new technology, in many in- Republican and Democratic Members do not endanger the children of the stances with more knowledge than joined together this year to request a country. My hope is that in the next their parents have, then it is critical significant increase to $10 million in Congress, we can actually begin to pass for us to continue to reemphasize how funding from House appropriators to concrete legislation that can ensure important it is that we increase these help local law enforcement programs that we do more to protect the privacy educational programs so that the chil- like Operation Blue Ridge Thunder and of all children within our country, es- dren of the country derive all of the other similar programs to continue pecially those that are still left unpro- positive benefits from the new tech- their vital work at ridding our Nation tected because they are over the age of nology while minimizing this unfortu- of people who prey on our most inno- 12. I thank all who were involved, the nate side effect which all too often is cent citizens, our children. gentleman from Virginia (Mr. GOOD- insinuating itself into the homes of We were very pleased to see Oper- LATTE), the gentleman from Virginia families all across the country. I com- ation Blue Ridge Thunder profiled on (Mr. GOODE), and all on our side as mend the authors of this resolution. the CBS–TV program ‘‘48 Hours.’’ In well. Mr. Speaker, I reserve the balance of the 2 days after the broadcast, the Bed- Mr. Speaker, I yield back the balance my time. ford sheriff’s department logged more of my time. Mr. BILIRAKIS. Mr. Speaker, I ask than 1,000 calls in support of what Op- Mr. OXLEY. Mr. Speaker, I yield 2 unanimous consent that the gentleman eration Blue Ridge Thunder is doing. minutes to the gentleman from Lou- from Ohio (Mr. OXLEY) be permitted to Only three calls criticized what is isiana (Mr. TAUZIN). control the remainder of my time for being done. This is vivid proof that the Mr. TAUZIN. Mr. Speaker, H. Res. 575 the consideration of this legislation. American public appreciates the work is pretty straightforward. It is indeed a The SPEAKER pro tempore. Is there being done by the Federal Bureau of In- good resolution, introduced by the gen- objection to the request of the gen- vestigation and local law enforcement tleman from Virginia (Mr. GOODE) and tleman from Florida? programs like Operation Blue Ridge it is designed literally to improve There was no objection. Thunder. Internet safety awareness. Mr. OXLEY. Mr. Speaker, I am We cannot rest until each and every As we have seen in the last few years, pleased to yield 5 minutes to the gen- person who wishes to harm our chil- the Internet provides, of course, a tleman from Virginia (Mr. GOODLATTE), dren with deviant behavior is arrested great new array of opportunities for all the coauthor of the legislation. and prosecuted. We intend on con- of our citizens. Mr. GOODLATTE. Mr. Speaker, I tinuing to support the efforts of orga- b 1600 thank the gentleman for yielding me nizations like Operation Blue Ridge this time and I thank him and the Thunder in this regard. From buying gifts online to wit- other members of the Committee on In addition to supporting law en- nessing the miracles of telemedicine, Commerce for shepherding this legisla- forcement efforts, the Internet Caucus to helping to educate children across tion through the committee, but I has also been very involved with pre- our country, I think Americans are most especially want to thank the gen- vention in the form of a program called coming to know and understand the tleman from Virginia (Mr. GOODE), the GetNetWise. Last year, in response to a important value of the Internet. The author of this legislation, who, as a challenge from Congress, leading Inter- popularity of the Internet is increas- member of the Congressional Internet net companies, nonprofit organiza- ing. People are using it on a daily basis Caucus, has been working very hard to tions, and child safety experts created across this great country, and they are combat this serious problem on the GetNetWise, an Internet resource to beginning to understand that it holds Internet and for identifying the need help parents and caregivers protect new and exciting possibilities for their for this resolution and working to get children online from unwanted contact children. it through the House this year. and content. Unfortunately, it is also a technology The Internet Caucus has been very GetNetWise, which can be found at that can be used by the wrong people involved in the issue of Internet safety, www.getnetwise.org, is an innovative sometimes, and criminals indeed are both from a law enforcement and a pre- and easy-to-use resource that responds looking at it as a new place to take ad- vention perspective. With the help of to the concerns of parents and care- vantage of some Americans. Some peo- the gentleman from Virginia (Mr. givers. GetNetWise provides parents ple are using it, in fact, in harmful GOODE), the Congress hosted a briefing and caregivers with the online re- ways to spread destructive material or last fall on online sexual predators to sources necessary to protect children. to aid in criminal activity. There is a present to Members of Congress the na- Thus, authority to control access to spread of obscene material, child por- ture of this problem. Bedford County materials on the Internet remains with nography, child exploitation as the use Sheriff Mike Brown and Common- each family. In its first year, more of the Internet has increased. Every wealth Attorney Randy Krantz dem- than 1,800,000 unique Web users visited day crimes in the analogue world are onstrated Operation Blue Ridge Thun- the GetNetWise user empowerment re- being diverted now to the Internet der, which works to apprehend and sources over 5 million times. Not only where the reach of such crimes is, like prosecute sexual predators and traf- are we encouraging folks at home to other things, greatly multiplied. fickers of child pornography on the check out GetNetWise, but Members of Over the years, the law enforcement Internet. Congress are also being encouraged to communities have been called upon to Child pornographers and sexual pred- link their websites to GetNetWise to improve their enforcement of the cur- ators online are an enormous problem help get the information to parents and rent law. They have also been asked to for law enforcement agencies. children in their districts. tell Congress where current law needs Pedophiles currently operate more This legislation calling the impor- to change in order to reflect these new than 10,000 Web sites and more than tance of this problem to the attention technologies. We acknowledge, indeed,

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.047 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9539 the hard work of these agencies; but we SECTION 1. TIME ZONE ESTABLISHED. the name Chamorro. The time zone will know that much work needs to be (a) IN GENERAL.—The first section of the honor the historic unity of Guam and done. Act of March 19, 1918 (15 U.S.C. 261; com- the Commonwealth of the Marianas monly known as the Calder Act) is amend- H. Res. 575 will not stop criminal ac- and the people who live in the region. tivity. It will not protect our citizens ed— (1) in the first sentence, by striking ‘‘eight I congratulate the gentleman from from sinister behavior, but it does take zones’’ and inserting ‘‘nine zones’’; and Guam (Mr. UNDERWOOD) for his work on this important step: it brings to light (2) in the second sentence— this bill; and, of course, I congratulate the relevant issues facing Internet (A) by striking ‘‘; and that of the eighth’’ his staff and all the staff members that usage, and hopefully it will help edu- and inserting ‘‘; that of the eighth’’; and have been involved in this. cate the American people of the need (B) by inserting before the period the fol- Mr. Speaker, I reserve the balance of to be watchful of Internet activity, es- lowing: ‘‘; and that of the ninth zone on the my time. pecially as it affects our Nation’s chil- one hundred and fiftieth meridian of lon- Mr. OXLEY. Mr. Speaker, I continue dren. gitude east from Greenwich.’’. to reserve the balance of my time. (b) NAME OF ZONE.—Section 4 of the Act of We have an obligation, indeed, to Mr. TOWNS. Mr. Speaker, I yield 3 educate the American people about ex- March 19, 1918 (15 U.S.C. 263; commonly known as the Calder Act) is amended— minutes to the gentleman from Guam isting problems of Internet use. This (1) by striking ‘‘and that of the eighth’’ (Mr. UNDERWOOD). resolution will help. It is an extremely and inserting ‘‘that of the eighth’’; and Mr. UNDERWOOD. Mr. Speaker, I important one, and I urge all Members (2) by inserting before the period the fol- thank the gentleman from New York to support it. lowing: ‘‘; and that of the ninth zone shall be (Mr. TOWNS) for yielding me this time. Mr. OXLEY. Mr. Speaker, I yield my- known as Chamorro standard time’’. Mr. Speaker, I urge my colleagues to self such time as I may consume. (c) DAYLIGHT SAVINGS TIME.—Section 7 of support H.R. 3756, a bill to name the Mr. Speaker, I will just sum up brief- the Uniform Time Act of 1966 (15 U.S.C. 267) ninth time zone under U.S. jurisdiction ly with our congratulations to the au- is amended by inserting ‘‘Guam, the Com- for Guam and the Commonwealth of thor of the legislation, the gentleman monwealth of the Northern Mariana Is- lands,’’ after ‘‘Puerto Rico,’’. the Northern Mariana Islands. from Virginia (Mr. GOODLATTE). As the I would also like to take this time to other speakers have said, the Internet The SPEAKER pro tempore. Pursu- thank my distinguished colleagues who provides a great upside opportunity for ant to the rule, the gentleman from have worked to get this bill to the education, entertainment and the like, Ohio (Mr. OXLEY) and the gentleman but it certainly has its dark side as from New York (Mr. TOWNS) each will floor: the gentleman from Virginia well. Those of us who worked on the control 20 minutes. (Mr. BLILEY), the gentleman from Child Online Protection Act under- The Chair recognizes the gentleman Michigan (Mr. DINGELL), the gentleman stand how difficult some of these cir- from Ohio (Mr. OXLEY). from Ohio (Mr. OXLEY), the gentleman OWNS cumstances can be with children hav- GENERAL LEAVE from New York (Mr. T ), the gen- ing access to some of this terrible ma- Mr. OXLEY. Mr. Speaker, I ask unan- tleman from Michigan (Mr. CAMP), terial. imous consent that all Members may chairman of the Corrections Day Advi- While the Child Online Protection have 5 legislative days within which to sory Committee, and the gentleman Act, which passed virtually unani- revise and extend their remarks and in- from California (Mr. WAXMAN), ranking mously in the 105th Congress, is now sert extraneous material on H.R. 3756. member of that same committee. undergoing judicial review, whether in The SPEAKER pro tempore. Is there Wherever the U.S. flag flies, there is fact we are successful or not ulti- objection to the request of the gen- a title for each time zone in which it mately in getting that legislation to be tleman from Ohio? flies, whether it is in the Virgin Islands considered constitutional the real issue There was no objection. and Puerto Rico with its Atlantic time is how do we deal in the meantime with Mr. OXLEY. Mr. Speaker, I yield my- zone; this city, with its eastern time educating our children to the potential self 1 minute. zone; Chicago, with central time; Den- dangers of the Internet. That is why Mr. Speaker, this bill is simple and ver, with mountain time; Los Angeles, this legislation has such importance, straightforward. The legislation estab- with Pacific time; Honolulu, with Ha- has such broad-based support from lishes a separate time zone for Guam waii standard time; Anchorage, with both sides of the aisle. and the Northern Mariana Islands by Alaska standard time; and even Amer- So that is why it is important that increasing the number of standard time ican Samoa, with Samoa standard we pass this legislation today. zones in the United States from 8 to 9. time. But there is a ninth time zone Mr. Speaker, I yield back the balance This new time zone will be known as where Guam sits and the Common- of my time. the Chamorro time zone and will be re- wealth of the Northern Mariana Islands The SPEAKER pro tempore (Mr. GIB- quired to observe daylight savings sits as well; and where there is no offi- BONS). The question is on the motion time. cial title for this time zone. Not that offered by the gentleman from Ohio The gentleman from Guam (Mr. there is no time there, obviously, but (Mr. OXLEY) that the House suspend UNDERWOOD) deserves praise for his te- that there is no specific title for this the rules and agree to the resolution, nacity on this issue. It is a simple time zone. H. Res. 575, as amended. measure without controversy, and I Perhaps this is an oversight. The fact The question was taken; and (two- urge all of my colleagues to support it. that this ninth time zone is on the thirds having voted in favor thereof) Mr. Speaker, I reserve the balance of other side of the international dateline the rules were suspended and the reso- my time. and could appropriately claim the title lution, as amended, was agreed to. of being the first American time zone, A motion to reconsider was laid on Mr. TOWNS. Mr. Speaker, I yield my- could get the competitive spirits of the table. self 2 minutes. Mr. Speaker, let me convey how those in the Atlantic time zone f pleased I am to support this legisla- aroused. But when information is being ESTABLISHING A STANDARD TIME tion. The bill corrects current law by sent out about changes in national ZONE FOR GUAM AND THE MAR- recognizing that there is a ninth time time or announcements concerning IANA ISLANDS zone in the United States, namely the time, this ninth time zone, in geog- Mr. OXLEY. Mr. Speaker, I move to time zone followed by the people of raphy going west but first in terms of suspend the rules and pass the bill Guam and the Northern Marianas. time, frequently gets ignored. (H.R. 3756) to establish a standard time My colleague, the gentleman from After all, the Calder Act, which pro- zone for Guam and the Commonwealth Guam (Mr. UNDERWOOD), I want to sa- vides for the designation of names of of the Northern Mariana Islands, and lute him today, has corrected this time zones under U.S. jurisdiction, for other purposes. oversight with this bill and has also only names eight time zones. The Clerk read as follows: given the time zone a name, Chamorro This bill fills the void of the ninth H.R. 3756 standard time. time zone under U.S. jurisdiction, cor- Be it enacted by the Senate and House of Rep- Chamorro refers to the indigenous rects this oversight, and appropriately resentatives of the United States of America in people of the area, and I salute my col- designates each and every American Congress assembled, league for his creativity by choosing time zone.

VerDate 02-OCT-2000 06:11 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.051 pfrm01 PsN: H10PT1 H9540 CONGRESSIONAL RECORD — HOUSE October 10, 2000 The unique feature of this particular (b) TECHNICAL AMENDMENT.—Section 9 of The gentleman from Florida (Mr. piece of legislation is that it is respon- such Act is further amended in subsection (b) MCCOLLUM) and I believe that the Su- sive to a quandary that does not quite by striking ‘‘are hereby authorized’’ and in- preme Court Police should continue to exist in the other time zones. We have serting ‘‘is authorized’’. provide off-ground security to protect two jurisdictions with two distinct The SPEAKER pro tempore. Pursu- the Justices and guests of the Court. names. We could call it the Guam time ant to the rule, the gentleman from Given the fact that the Court’s police zone, the Guam/Marianas time zone, Florida (Mr. CANADY) and the gen- force is well trained and has an excel- but I think over time Marianas would tleman from Virginia (Mr. SCOTT) each lent performance record, I think it ap- be dropped, or we could call it the Mar- will control 20 minutes. propriate that we respond in the af- The Chair recognizes the gentleman ianas time zone, but that would put out firmative to the Chief Justice’s request from Florida (Mr. CANADY). of focus Guam. and make the authority to provide off- Therefore, in honor of the historical GENERAL LEAVE ground security permanent. unity of both Guam and the Northern Mr. CANADY of Florida. Mr. Speak- H.R. 5136 would also eliminate the Marianas and the people who were the er, I ask unanimous consent that all Court’s annual reporting requirement Members may have 5 legislative days original inhabitants of the entire is- to Congress detailing the administra- within which to revise and extend their land chain, I have named this new time tive cost associated with such protec- remarks and include extraneous mate- zone as Chamorro standard time. The tion. This cost has been very modest in term ‘‘Chamorro’’ refers to the indige- rial on H.R. 5136. The SPEAKER pro tempore. Is there the past and is fully detailed each year nous people of Guam and the Northern objection to the request of the gen- in the court’s annual budget request to Mariana Islands and forms the basis of tleman from Florida? Congress. the underlying historical and cultural There was no objection. Finally, H.R. 5136 would also repeal connection between the people of Guam Mr. CANADY of Florida. Mr. Speak- the ministerial requirement that the and the people of Luta, Tinian, Saipan, er, I yield myself such time as I may Chief Justice authorize in writing Agrigan, and other islands in the consume. armed protection for official guests of Northern Marianas. Mr. Speaker, I rise in support of H.R. the Supreme Court when they are trav- Mr. Speaker, the administration sup- 5136, a bill to make permanent the au- eling in the United States but outside ports H.R. 3756, and I urge my col- thority of the Marshal of the Supreme of the Washington, D.C. metropolitan leagues to support this important leg- Court and the Supreme Court Police to area. islation as well. Esta oran Chamorro. provide security beyond the Supreme Mr. Speaker, I urge all of my col- Mr. OXLEY. Mr. Speaker, I have no Court building and grounds. The gen- leagues to support this important and further requests for time, and I yield tleman from Florida (Mr. MCCOLLUM), very reasonable legislation. back the balance of my time. chairman of the Subcommittee on Mr. Speaker, I reserve the balance of Mr. TOWNS. Mr. Speaker, I yield my- Crime, introduced H.R. 5136 at the re- my time. self 1 minute. quest of the Chief Justice of the United Mr. SCOTT. Mr. Speaker, I yield my- Mr. Speaker, let me again congratu- States. It was reported by voice vote self such time as I may consume. late my colleague for the outstanding from the Committee on the Judiciary Mr. Speaker, as indicated by my col- work that he has done in terms of cre- on September 20. league, this bill will make permanent ating the ninth time zone. I urge my The Supreme Court Police is charged the authority of the United States Su- colleagues to support this. with enforcing the law at the Supreme preme Court Police to provide security Mr. Speaker, I yield back the balance Court building and its grounds, as well for its Justices, Court employees and of my time. as protecting Justices and other Court official visitors on and off the Supreme The SPEAKER pro tempore. The employees off grounds. This authority Court grounds. The U.S. Supreme question is on the motion offered by rests in the United States Code. Court Police department was first au- the gentleman from Ohio (Mr. OXLEY) Since 1982, Congress has provided thorized by Congress to carry firearms that the House suspend the rules and statutory authority for the Supreme and protect Court personnel outside pass the bill, H.R. 3756. Court Police to provide security be- the Supreme Court grounds in 1982, and The question was taken; and (two- yond the Court building and grounds the statutory authority was scheduled thirds having voted in favor thereof) for Justices, Court employees, and offi- to terminate, but Congress has ex- the rules were suspended and the bill cial visitors. This authority requires tended such authorization and has done was passed. that the Supreme Court annually re- A motion to reconsider was laid on so five additional times. The last ex- port to Congress on the cost of such se- the table. tension occurred in October 1996. It is curity, and it also contains a sunset set to expire December 29, 2000. f clause that would cause this authority b 1615 SUPREME COURT SECURITY ACT to lapse if not renewed. OF 2000 Since 1986, Congress has extended It is clear that the security concerns that gave rise to the original author- Mr. CANADY of Florida. Mr. Speak- this off-grounds authority four times, ization, including threats of violence er, I move to suspend the rules and but this authority will automatically against the Justices and the Court, will pass the bill (H.R. 5136) to make perma- terminate on December 29, 2000. continue for the foreseeable future. nent the authority of the Marshal of The current authority and jurisdic- In addition, I am not aware of any the Supreme Court and the Supreme tion of the Supreme Court Police are suggestion that they have misused that Court Police to provide security be- essential to the force’s performance of authority, nor should they not be enti- yond the Supreme Court building and everyday duties. Today the Supreme tled to such authority on a permanent grounds. Court Police regularly provides secu- The Clerk read as follows: rity to Justices by transporting and ac- basis. In fact, the evidence suggests that the Department has discharged its H.R. 5136 companying them to official functions responsibilities in an efficient and Be it enacted by the Senate and House of Rep- in the Washington, D.C. metropolitan resentatives of the United States of America in area and occasionally outside it when cost-effective manner. Congress assembled, they or official guests of the Court are For example, the cost of the program SECTION 1. MAKING PERMANENT CERTAIN PO- traveling on court business. has been minimal. The Supreme Court LICING AUTHORITY. Some Justices, because of threats to police worked closely with the U.S. (a) ELIMINATION OF SUNSET PROVISION AND their personal safety, are driven by the Marshal’s office to provide security for REPORTING REQUIREMENT.—Section 9 of the police to and from their homes and the Supreme Court Justices when they Act entitled ‘‘An Act relating to the policing Court every day. Additionally, the po- travel outside the Washington, D.C. of the building and grounds of the Supreme lice protect Court employees going to area. Over the past 4 years, there were Court of the United States’’, approved Au- gust 18, 1949 (40 U.S.C. 13n), is amended— and from its parking lot, which is lo- 74 requests for that kind of protection (1) by striking subsection (c); and cated one half block east of the Su- beyond the D.C. metropolitan area at a (2) by redesignating subsection (d) as sub- preme Court building and off the total cost of approximately $17,000, a section (c). ground of the Court. little more than $4,000 per year.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.054 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9541 In light of the continuing security insert ‘‘and the Committee on International not knowingly or intentionally classify the concerns and the Supreme Court po- Relations of the House of Representatives refusal of the visa under a category that is lice’s record of providing appropriate and the Committee on the Judiciary and the not included in the calculation of the visa re- protection over the past 18 years for Committee on Foreign Relations’’. fusal rate only so that the percentage of that Page 10, line 25, strike out all after ‘‘Gen- country’s visa refusals is less than the per- the Justices, court employees, and offi- eral,’’ over to and including ‘‘Register’’ in centage limitation applicable to qualifica- cial visitors, I support making perma- line 3 on page 11 and insert ‘‘in consultation tion for participation in the visa waiver pro- nent the Supreme Court police’s au- with the Secretary of State’’. gram. thority to provide security on and off Page 11, strike out all after line 12 over to ‘‘(B) REPORTING REQUIREMENT.—On May 1 Supreme Court grounds. and including line 9 on page 12 of each year, for each country under consid- As a result, Mr. Speaker, I urge my Page 12, line 10, strike out ‘‘(C)’’ and insert eration for inclusion in the visa waiver pro- colleagues to support the bill. ‘‘(B)’’. gram, the Secretary of State shall provide to Mr. Speaker, I yield back the balance Page 13, line 3, after ‘‘ity)’’ insert ‘‘on the the appropriate congressional committees— of my time. territory of the program country’’. ‘‘(i) the total number of nationals of that Page 13, strike out all after line 3 down to country that applied for United States visas Mr. CANADY of Florida. Mr. Speak- and including line 6 and insert: in that country during the previous calendar er, I have no further requests for time, ‘‘(III) a severe breakdown in law and order year; and I yield back the balance of my affecting a significant portion of the pro- ‘‘(ii) the total number of such nationals time. gram country’s territory; who received United States visas during the The SPEAKER pro tempore (Mr. GIB- ‘‘(IV) a severe economic collapse in the previous calendar year; BONS). The question is on the motion program country; or’’. ‘‘(iii) the total number of such nationals offered by the gentleman from Florida Page 13, line 8, after ‘‘event’’ insert ‘‘in the who were refused United States visas during (Mr. CANADY) that the House suspend program country’’. the previous calendar year; the rules and pass the bill, H.R. 5136. Page 13, line 12, after ‘‘States)’’ insert ‘‘and ‘‘(iv) the total number of such nationals where the country’s participation in the pro- who were refused United States visas during The question was taken; and (two- gram could contribute to that threat’’. the previous calendar year under each provi- thirds having voted in favor thereof) Page 13, line 17, after ‘‘General’’ insert ‘‘, sion of this Act under which the visas were the rules were suspended and the bill in consultation with the Secretary of refused; and was passed. State,’’. ‘‘(v) the number of such nationals that A motion to reconsider was laid on Page 14, line 7, strike out ‘‘(D)’’ and insert were refused under section 214(b) as a per- the table. ‘‘(C)’’. centage of the visas that were issued to such f Page 14, line 12, strike out ‘‘, (B), or (C)’’ nationals. and insert ‘‘or (B)’’. ‘‘(C) CERTIFICATION.—Not later than May 1 VISA WAIVER PERMANENT Page 14, line 18, strike out ‘‘a designation’’ of each year, the United States chief of mis- PROGRAM ACT Page 15, line 11, after ‘‘arrives’’ insert ‘‘and sion, acting or permanent, to each country departs’’. under consideration for inclusion in the visa Mr. SMITH of Texas. Mr. Speaker, I Page 16, line 25, strike out all after waiver program shall certify to the appro- move to suspend the rules and concur ‘‘RECORD.—’’ over to and including ‘‘Senate’’ priate congressional committees that the in- in the Senate amendments to the bill in line 6 on page 17 and insert ‘‘As part of the formation described in subparagraph (B) is (H.R. 3767) to amend the Immigration annual report required to be submitted under accurate and provide a copy of that certifi- and Nationality Act to make improve- section 110(e)(1) of the Illegal Immigration cation to those committees. ments to, and permanently authorize, Reform and Immigrant Responsibility Act of ‘‘(D) CONSIDERATION OF COUNTRIES IN THE the visa waiver pilot program under 1996, the Attorney General shall include a VISA WAIVER PROGRAM.—Upon notification to section 217 of such Act. section’’. the Attorney General that a country is under The Clerk read as follows: Page 17, line 8, after ‘‘year’’ insert ‘‘, to- consideration for inclusion in the visa waiver gether with an analysis of that informa- program, the Secretary of State shall pro- Senate amendments: tion’’. vide all of the information described in sub- Page 5, line 12, strike out ‘‘2006’’ and insert Page 17, line 10, strike out ‘‘October 1’’ and paragraph (B) to the Attorney General. ‘‘2007’’. insert ‘‘December 31’’. ‘‘(E) DEFINITION.—In this paragraph, the Page 7, line 11, strike out all after ‘‘(g)’’ Page 18, after line 2 insert: term ‘appropriate congressional committees’ down to and including ‘‘SYSTEM’’ in line 13 ‘‘The report required by this clause may be means the Committee on the Judiciary and and insert ‘‘VISA APPLICATION SOLE METHOD combined with the annual report required to the Committee on Foreign Relations of the TO DISPUTE DENIAL OF WAIVER BASED ON A be submitted on that date under section Senate and the Committee on the Judiciary GROUND OF INADMISSIBILITY 110(e)(1) of the Illegal Immigration Reform and the Committee on International Rela- Page 7, line 13, strike out all after ‘‘alien’’ and Immigrant Responsibility Act of 1996.’’ tions of the House of Representatives.’’. down to and including ‘‘use’’ in line 16 and Page 19, line 21, after ‘‘name’’ insert ‘‘or insert’’ denied a waiver under the program ‘‘TITLE III—IMMIGRATION STATUS OF Service identification number’’. by reason of a ground of inadmissibility de- ALIEN EMPLOYEES OF INTELSAT AFTER Page 20, strike out all after line 21 over to scribed in section 212(a) that is discovered at PRIVATIZATION and including line 4 on page 21 and insert: the time of the alien’s application for the ‘‘SEC. 301. MAINTENANCE OF NONIMMIGRANT ‘‘(6) COMPUTATION OF VISA REFUSAL waiver or through the use’’. AND SPECIAL IMMIGRANT STATUS RATES.—For purposes of determining the eli- Page 7, strike out all after line 22 over to NOTWITHSTANDING INTELSAT PRI- gibility of a country to be designated as a and including line 15 on page 8 VATIZATION. program country, the calculation of visa re- Page 9, line 6, strike out ‘‘United States);’’ ‘‘(a) OFFICERS AND EMPLOYEES.— fusal rates shall not include any visa refusals and insert ‘‘United States and the existence ‘‘(1) AFTER PRIVATIZATION.—In the case of which incorporate any procedures based on, and effectiveness of its agreements and pro- an alien who, during the 6-month period end- or are otherwise based on, race, sex, or dis- cedures for extraditing to the United States ing on the day before the date of privatiza- ability, unless otherwise specifically author- individuals, including its own nationals, who tion, was continuously an officer or em- ized by law or regulation. No court shall commit crimes that violate United States ployee of INTELSAT, and pursuant to such have jurisdiction under this paragraph to re- law);’’. position continuously maintained, during Page 9, line 11, strike out all after ‘‘Judici- view any visa refusal, the denial of admis- such period, the status of a lawful non- ary’’ down to and including ‘‘and’’ in line 12 sion to the United States of any alien by the immigrant described in section and insert ‘‘and the Committee on Inter- Attorney General, the Secretary’s computa- 101(a)(15)(G)(iv) of the Immigration and Na- national Relations of the House of Rep- tion of the visa refusal rate, or the designa- tionality Act (8 U.S.C. 1101(a)(15)(G)(iv)), the resentatives and the Committee on the Judi- tion or nondesignation of any country.’’. alien shall be considered as maintaining such ciary and the Committee on Foreign Rela- Page 21, after line 4 insert: nonimmigrant status on and after the date tions’’. ‘‘SEC. 207. VISA WAIVER INFORMATION. of privatization, but only during the period Page 10, line 7, strike out ‘‘United ‘‘Section 217(c) of the Immigration and in which the alien is an officer or employee States);’’ and insert ‘‘United States and the Nationality Act (8 U.S.C. 1187(c)), as amend- of INTELSAT or any successor or separated existence and effectiveness of its agreements ed by sections 204(b) and 206 of this Act, is entity of INTELSAT. and procedures for extraditing to the United further amended by adding at the end the ‘‘(2) PRECURSORY EMPLOYMENT WITH SUC- States individuals, including its own nation- following: CESSOR BEFORE PRIVATIZATION COMPLETION.— als, who commit crimes that violate United ‘‘(7) VISA WAIVER INFORMATION.— In the case of an alien who commences serv- States law);’’. ‘‘(A) IN GENERAL.—In refusing the applica- ice as an officer or employee of a successor Page 10, line 8, after ‘‘determine’’ insert ‘‘, tion of nationals of a program country for or separated entity of INTELSAT before the based upon the evaluation in subclause (I),’’. United States visas, or the applications of date of privatization, but after the date of Page 10, line 14, strike out all after ‘‘ary’’ nationals of a country seeking entry into the the enactment of the ORBIT Act (Public Law down to and including ‘‘and’’ in line 15 and visa waiver program, a consular officer shall 106–180; 114 Stat. 48) and in anticipation of

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.060 pfrm01 PsN: H10PT1 H9542 CONGRESSIONAL RECORD — HOUSE October 10, 2000

privatization, if the alien, during the 6- ‘‘(b) ALIENS DESCRIBED.—An alien de- pliance with the indemnification require- month period ending on the day before such scribed in this subsection is an alien— ments of this section, as a term of such an commencement date, was continuously an ‘‘(1) whose nonimmigrant status is main- agreement.’’. officer or employee of INTELSAT, and pur- tained pursuant to section 301(a); and ‘‘(b) ROUND-TRIP TICKET.—Section 217(a)(8) suant to such position continuously main- ‘‘(2) who seeks adjustment of status after of the Immigration and Nationality Act (as tained, during such period, the status of a the date of privatization to that of an alien redesignated by this Act) is amended by in- lawful nonimmigrant described in section lawfully admitted for permanent residence serting ‘‘or the alien is arriving at the port 101(a)(15)(G)(iv) of the Immigration and Na- under section 245 of the Immigration and Na- of entry on an aircraft operated under part tionality Act (8 U.S.C. 1101(a)(15)(G)(iv)), the tionality Act (8 U.S.C. 1255) based on section 135 of title 14, Code of Federal Regulations, alien shall be considered as maintaining such 203(b)(1)(C) of such Act (8 U.S.C. 1153(b)(1)(C)) or a noncommercial aircraft that is owned or nonimmigrant status on and after such com- during the period in which the alien is— operated by a domestic corporation con- mencement date, but only during the period ‘‘(A) an officer or employee of INTELSAT ducting operations under part 91 of title 14, in which the alien is an officer or employee or any successor or separated entity of Code of Federal Regulations’’ after ‘‘regula- of any successor or separated entity of INTELSAT; and tions’’. INTELSAT. ‘‘(B) rendering services as such an officer ‘‘(c) AUTOMATED SYSTEM CHECK.—Section ‘‘(b) IMMEDIATE FAMILY MEMBERS.— or employee in a capacity that is managerial 217(a) (8 U.S.C. 1187(a)) of the Immigration ‘‘(1) ALIENS MAINTAINING STATUS.— or executive. and Nationality Act is amended by adding at ‘‘(A) AFTER PRIVATIZATION.—An alien who, ‘‘SEC. 303. DEFINITIONS. the end the following: ‘‘Operators of aircraft on the day before the date of privatization, ‘‘For purposes of this title— under part 135 of title 14, Code of Federal was a member of the immediate family of an ‘‘(1) the terms ‘‘INTELSAT’’, ‘‘separated Regulations, or operators of noncommercial alien described in subsection (a)(1), and had entity’’, and ‘‘successor entity’’ shall have aircraft that are owned or operated by a do- the status of a lawful nonimmigrant de- the meaning given such terms in the ORBIT mestic corporation conducting operations scribed in section 101(a)(15)(G)(iv) of the Im- Act (Public Law 106–180; 114 Stat. 48); under part 91 of title 14, Code of Federal Reg- migration and Nationality Act (8 U.S.C. ‘(2) the term ‘‘date of privatization’’ means ulations, carrying any alien passenger who 1101(a)(15)(G)(iv)) on such day, shall be con- the date on which all or substantially all of will apply for admission under this section sidered as maintaining such nonimmigrant the then existing assets of INTELSAT are le- shall furnish such information as the Attor- status on and after the date of privatization, gally transferred to one or more stock cor- ney General by regulation shall prescribe as but, only during the period in which the porations or other similar commercial enti- necessary for the identification of any alien alien described in subsection (a)(1) is an offi- ties; and passenger being transported and for the en- cer or employee of INTELSAT or any suc- ‘‘(3) all other terms shall have the meaning forcement of the immigration laws. Such in- cessor or separated entity of INTELSAT. given such terms in section 101(a) of the Im- formation shall be electronically trans- ‘‘(B) AFTER PRECURSORY EMPLOYMENT.—An migration and Nationality Act (8 U.S.C. mitted not less than one hour prior to ar- alien who, on the day before a commence- 1101(a)). rival at the port of entry for purposes of ment date described in subsection (a)(2), was ‘‘TITLE IV—MISCELLANEOUS PROVISIONS checking for inadmissibility using the auto- a member of the immediate family of the mated electronic database.’’. ‘‘SEC. 401. AMENDMENT TO SECTION 214 OF THE commencing alien, and had the status of a ‘‘(d) CARRIER AGREEMENT REQUIREMENTS lawful nonimmigrant described in section IMMIGRATION AND NATIONALITY ACT. TO INCLUDE BUSINESS AIRCRAFT.— 101(a)(15)(G)(iv) of the Immigration and Na- ‘‘Section 214(c) of the Immigration and Na- ‘‘(1) IN GENERAL.—Section 217(e) (8 U.S.C. tionality Act (8 U.S.C. 1101(a)(15)(G)(iv)) on tionality Act (8 U.S.C. 1184(c)) is amended by 1187(e)) of the Immigration and Nationality such day, shall be considered as maintaining adding the following new paragraph: Act is amended— such nonimmigrant status on and after such ‘‘(10) An amended H–1B petition shall not ‘‘(A) by striking ‘‘carrier’’ each place it ap- commencement date, but only during the pe- be required where the petitioning employer pears and inserting ‘‘carrier (including any riod in which the commencing alien is an of- is involved in a corporate restructuring, in- carrier conducting operations under part 135 ficer or employee of any successor or sepa- cluding but not limited to a merger, acquisi- of title 14, Code of Federal Regulations) or a rated entity of INTELSAT. tion, or consolidation, where a new corporate domestic corporation conducting operations ‘‘(2) ALIENS CHANGING STATUS.—In the case entity succeeds to the interests and obliga- under part 91 of that title’’; and of an alien who is a member of the imme- tions of the original petitioning employer ‘‘(B) in paragraph (2), by striking ‘‘carrier’s diate family of an alien described in para- and where the terms and conditions of em- failure’’ and inserting ‘‘failure by a carrier graph (1) or (2) of subsection (a), the alien ployment remain the same but for the iden- (including any carrier conducting operations may be granted and may maintain status as tity of the petitioner.’’. under part 135 of title 14, Code of Federal a nonimmigrant described in section Regulations) or a domestic corporation con- 101(a)(15)(G)(iv) of the Immigration and Na- ‘‘SEC. 402. THE IMMIGRANT INVESTOR PILOT PROGRAM. ducting operations under part 91 of that tionality Act (8 U.S.C. 1101(a)(15)(G)(iv)) on ‘‘(a) EXTENSION OF PROGRAM.—Section title’’. the same terms as an alien described in sub- 610(b) of the Departments of Commerce, Jus- ‘‘(2) BUSINESS AIRCRAFT REQUIREMENTS.— paragraph (A) or (B), respectively, of para- tice, and State, the Judiciary, and Related Section 217(e) (8 U.S.C. 1187(e)) of the Immi- graph (1). Agencies Appropriations Act, 1993 (8 U.S.C. gration and Nationality Act is amended by ‘‘(c) SPECIAL IMMIGRANTS.—For purposes of adding at the end the following new para- section 101(a)(27)(I) (8 U.S.C. 1101(a)(27)(I)) of 1153 note) is amended by striking ‘‘seven graph: the Immigration and Nationality Act, the years’’ and inserting ‘‘ten years’’. ‘‘(3) BUSINESS AIRCRAFT REQUIREMENTS.— term ‘‘international organization’’ includes ‘‘(b) DETERMINATIONS OF JOB CREATION.— ‘‘(A) IN GENERAL.—For purposes of this sec- INTELSAT or any successor or separated en- Section 610(c) of such Act is amended by in- tion, a domestic corporation conducting op- tity of INTELSAT. serting ‘‘, improved regional productivity, job creation, or increased domestic capital erations under part 91 of title 14, Code of ‘‘SEC. 302. TREATMENT OF EMPLOYMENT FOR Federal Regulations that owns or operates a PURPOSES OF OBTAINING IMMI- investment’’ after ‘‘increased exports’’. GRANT STATUS AS A MULTI- ‘‘SEC. 403. PARTICIPATION OF BUSINESS AIR- noncommercial aircraft is a corporation that NATIONAL EXECUTIVE OR MAN- CRAFT IN THE VISA WAIVER PRO- is organized under the laws of any of the AGER. GRAM. States of the United States or the District of ‘‘(a) IN GENERAL.—Notwithstanding section ‘‘(a) ENTRY OF BUSINESS AIRCRAFT.—Sec- Columbia and is accredited by or a member 212(e) of the Immigration and Nationality tion 217(a)(5) of the Immigration and Nation- of a national organization that sets business Act (8 U.S.C. 1182(e)), in the case of an alien ality Act (as redesignated by this Act) is aviation standards. The Attorney General described in subsection (b)— amended by striking all after ‘‘carrier’’ and shall prescribe by regulation the provision of ‘‘(1) any services performed by the alien in inserting the following: ‘‘, including any car- such information as the Attorney General the United States as an officer or employee rier conducting operations under part 135 of deems necessary to identify the domestic of INTELSAT or any successor or separated title 14, Code of Federal Regulations, or a corporation, its officers, employees, share- entity of INTELSAT, and in a capacity that noncommercial aircraft that is owned or op- holders, its place of business, and its busi- is managerial or executive, shall be consid- erated by a domestic corporation conducting ness activities. ered employment outside the United States operations under part 91 of title 14, Code of ‘‘(B) COLLECTIONS.—In addition to any by an employer described in section Federal Regulations which has entered into other fee authorized by law, the Attorney 203(b)(1)(C) of such Act (8 U.S.C. an agreement with the Attorney General General is authorized to charge and collect, 1153(b)(1)(C)), if the alien has the status of a pursuant to subsection (e). The Attorney on a periodic basis, an amount from each do- lawful nonimmigrant described in section General is authorized to require a carrier mestic corporation conducting operations 101(a)(15)(G)(iv) of such Act (8 U.S.C. conducting operations under part 135 of title under part 91 of title 14, Code of Federal Reg- 1101(a)(15)(G)(iv)) during such period of serv- 14, Code of Federal Regulations, or a domes- ulations, for nonimmigrant visa waiver ad- ice; and tic corporation conducting operations under missions on noncommercial aircraft owned ‘‘(2) the alien shall be considered as seek- part 91 of that title, to give suitable and or operated by such domestic corporation ing to enter the United States in order to proper bond, in such reasonable amount and equal to the total amount of fees assessed for continue to render services to the same em- containing such conditions as the Attorney issuance of nonimmigrant visa waiver ar- ployer. General may deem sufficient to ensure com- rival/departure forms at land border ports of

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.052 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9543 entry. All fees collected under this para- Act of 1996 (division C of Public Law 104–208) United States from participating countries. graph shall be deposited into the Immigra- is amended to read as follows: More than 17 million visitors enter the United tion User Fee Account established under sec- ‘‘(1) EXPANSION OF PROGRAM.—Not later States under the Visa Waiver Program each tion 286(h).’’. than 12 months after the submission of the ‘‘(e) REPORT REQUIRED.—Not later than two report required by subsection (f), the Attor- year. A permanent program will be a long term years after the date of enactment of this ney General, in consultation with the Sec- benefit to the tourism industry and remove the Act, the Attorney General shall submit a re- retary of State and the Secretary of Edu- uncertainty caused by the periodic expiration port to the Committees on the Judiciary of cation, shall commence expansion of the pro- of the program. the House of Representatives and the Senate gram to cover the nationals of all coun- A permanent program should not be author- assessing the effectiveness of the program tries.’’. ized if the program poses a threat to the safe- implemented under the amendments made ‘‘SEC. 406. TECHNICAL AMENDMENTS. by this section for simplifying the admission ty and well-being of the United States or al- ‘‘Section 641 of the Illegal Immigration Re- of business travelers from visa waiver pro- lows large numbers of aliens to use the pro- form and Immigrant Responsibility Act of gram countries and compliance with the Im- gram to circumvent immigration laws. Thus, 1996 (division C of Public Law 104–208) is migration and Nationality Act by such trav- H.R. 3767 contains several provisions that are amended— elers under that program. ‘‘(1) in subsection (h)(2)(A), by striking needed to strengthen the program. SEC. 404. MORE EFFICIENT COLLECTION OF IN- ‘‘Director of the United States Information First, the current requirement that partici- FORMATION FEE. pating countries have a machine readable ‘‘Section 641(e) of the Illegal Immigration Agency’’ and inserting ‘‘Secretary of State’’; Reform and Immigrant Responsibility Act of and passport has been strengthened by estab- 1996 (division C of Public Law 104–208) is ‘‘(2) in subsection (d)(1), by inserting ‘‘in- lishing a date certain for all countries in the amended— stitutions of higher education or exchange program to implement a machine readable ‘‘(1) in paragraph (1)— visitor programs’’ after ‘‘by’’. passport. ‘‘(A) by striking ‘‘an approved institution The SPEAKER pro tempore. Pursu- Second, H.R. 3767 requires the INS to de- of higher education and a designated ex- ant to the rule, the gentleman from velop a fully automated system for tracking the change visitor program’’ and inserting ‘‘the Texas (Mr. SMITH) and the gentle- entry and departure of visa waiver travelers Attorney General’’; woman from Texas (Ms. JACKSON-LEE) entering by air and sea. ‘‘(B) by striking ‘‘the time—’’ and insert- each will control 20 minutes. Third, H.R. 3767 establishes procedures for ing the following: ‘‘a time prior to the alien being classified under subparagraph (F), (J), The Chair recognizes the gentleman periodic reviews of countries already in the or (M) of section 101(a)(15) of the Immigra- from Texas (Mr. SMITH). program and for suspending a country's par- tion and Nationality Act.’’; and GENERAL LEAVE ticipation in the program during emergency sit- ‘‘(C) by striking subparagraphs (A) and (B); Mr. SMITH of Texas. Mr. Speaker, I uations such as war, economic collapse, or a ‘‘(2) by amending paragraph (2) to read as ask unanimous consent that all Mem- breakdown in law and order. Such procedures follows: bers may have 5 legislative days within ensure that a permanent visa waiver program ‘‘(2) REMITTANCE.—The fees collected under which to revise and extend their re- does not pose a threat to the law enforcement paragraph (1) shall be remitted by the alien and security interests of the United States. pursuant to a schedule established by the At- marks and include extraneous matter torney General for immediate deposit and on the legislation under consideration. Finally, H.R. 3767 requires the INS and the availability as described under section The SPEAKER pro tempore. Is there Department of State to upgrade their auto- 286(m) of the Immigration and Nationality objection to the request of the gen- mated lookout systems for screening visa Act.’’; tleman from Texas? waiver travelers. ‘‘(3) in paragraph (3)— There was no objection. H.R. 3767, as passed by the Senate, in- ‘‘(A) by striking ‘‘has’’ the first place it ap- Mr. SMITH of Texas. Mr. Speaker, I cludes a number of new provisions that are pears and inserting ‘‘seeks’’; and yield myself such time as I may con- agreeable to the Judiciary Committee. The ‘‘(B) by striking ‘‘has’’ the second place it sume. first two modify the visa waiver program. The appears and inserting ‘‘seeks to’’; Mr. Speaker, the visa waiver pilot first would allow corporate aircraft to utilize the ‘‘(4) in paragraph (4)— ‘‘(A) by inserting before the period at the program allows aliens traveling from visa waiver program under the same condi- end of the second sentence of subparagraph certain designated countries to come tions and with the same safeguards as may (A) the following: ‘‘, except that, in the case to the United States as temporary visi- commercial air carriers. This provision will fa- of an alien admitted under section tors for business or pleasure without cilitate travel for those large number American 101(a)(15)(J) of the Immigration and Nation- having to obtain the nonimmigrant businesses utilizing non-commercial air trans- ality Act as an au pair, camp counselor, or visa normally required to enter the port and will promote the economic health of participant in a summer work travel pro- United States. There are currently 29 the business aviation industry. gram, the fee shall not exceed $40’’; and countries participating in this pro- The second new measure requires the Sec- ‘‘(B) by adding at the end of subparagraph (B) the following new sentence: ‘‘Such ex- gram. retary of State to provide Congress with infor- penses include, but are not necessarily lim- H.R. 3767 is a bipartisan bill. It was mation regarding countries under consider- ited to, those incurred by the Secretary of passed unanimously by the Sub- ation for inclusion in the visa waiver program. State in connection with the program under committee on Immigration and Claims It requires that visa refusal data not be manip- subsection (a).’’; and in the Committee on the Judiciary. ulated by consular officers so as to favor a ‘‘(5) by adding at the end the following new The Senate modifications to the House- country's qualification for the visa waiver pro- paragraphs: passed language were worked out on a gram. ‘‘(5) PROOF OF PAYMENT.—The alien shall bipartisan basis with the Committee on The bill also includes new provisions not re- present proof of payment of the fee before the granting of— the Judiciary. lating to the visa waiver program. The first ‘‘(A) a visa under section 222 of the Immi- Since its initial enactment as a temporary deals with the immigration law consequences gration and Nationality Act or, in the case program in 1986, the Visa Waiver Pilot Pro- of the privatization of INTELSAT, the Inter- of an alien who is exempt from the visa re- gram has been regularly extended by Con- national Telecommunications Satellite Organi- quirement described in section 212(d)(4) of gress. However, the latest extension expired zation. the Immigration and Nationality Act, admis- on April 30. Prior to privatization, foreign INTELSAT em- sion to the United States; or Fourteen years is a long time for a pilot pro- ployees in the United States received ``G±4'' ‘‘(B) change of nonimmigrant classifica- gram. H.R. 3767, The Visa Waiver Permanent nonimmigrant visas which are available to offi- tion under section 248 of the Immigration cers and employees (and their family mem- and Nationality Act to a classification de- Program Act, makes the visa waiver program scribed in paragraph (3). more secure and by ending the need to peri- bers) of international organizations. Such em- ‘‘(6) IMPLEMENTATION.—The provisions of odically reauthorize it, makes the program. ployees (and their family members) are eligi- section 553 of title 5, United States Code (re- H.R. 3767 is a bipartisan bill. It was passed ble for permanent residence upon retirement lating to rule-making) shall not apply to the unanimously by the Subcommittee on Immi- (and under certain other circumstances) pur- extent the Attorney General determines nec- gration and Claims and the Judiciary Com- suant to the special immigrant visa program. essary to ensure the expeditious, initial im- mittee. The Senate modifications to the Without legislative action, INTELSAT's for- plementation of this section.’’. House-passed language were worked out on a eign employees would be forced to leave the ‘‘SEC. 405. NEW TIME-FRAME FOR IMPLEMENTA- bipartisan basis with the Judiciary Committee. United States upon the entity's privatization. TION OF DATA COLLECTION PRO- GRAM. The tourism and travel industry strongly The bill provides that foreign employees ‘‘Section 641(g)(1) of the Illegal Immigra- supports this legislation. Visa-free travel under (and their family members) who worked for tion Reform and Immigrant Responsibility the program has stimulated tourism in the INTELSAT in the United States for at least 6

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00037 Fmt 4634 Sfmt 9920 E:\CR\FM\A10OC7.053 pfrm01 PsN: H10PT1 H9544 CONGRESSIONAL RECORD — HOUSE October 10, 2000 months prior to privatization can continue to Ms. JACKSON-LEE of Texas. Mr. your support for making the Visa Waiver Pilot use their G±4 visas for as long as they work Speaker, let me add my appreciation to Program permanent. for INTELSAT or a successor or separated en- the chairman of the subcommittee, Mr. UNDERWOOD. Mr. Speaker, thank you tity. The bill further provides that these foreign and, as well, to all of those who worked for allowing me the opportunity to comment in employees (and their families) can continue to to move this legislation along. support of H.R. 3767, a bill which will make make use of the special immigrant visa pro- Mr. Speaker, I support H.R. 3767. It is permanent the Visa Waiver Program Act. The gram despite INTELSAT's privatization. an important vehicle to improve the original program allowed visitors from certain Finally, the bill provides that those qualifying ability for tourism in the United foreign countries to enter the United States foreign employees of INTELSAT who work in States. Many entities worked to ensure and the Territories without having to apply for a managerial or executive capacity may seek that the visa waiver program became a visa. permanent residence under the multinational permanent. Since the program expired on April 30 of executive and manager green card program. This is, of course, to allow short- this year, visitors to Guam from Japan and The bill extends the length of the regional term visitors to travel to the United other countries covered under the program, center pilot program of the employment cre- States without having to obtain a non- have entered the island under INS paroling ation immigrant visa program through October immigrant visa, thereby encouraging rules. This has created a burden of additional 1, 2003. This pilot program sets aside 3,000 and facilitating international tourism paperwork for INS agents to process; and, as visas a year for aliens investing in regional to the United States. This will help all a consequence, visitors are enduring longer centers that promote economic growth. Under of our States, and particularly my lines in immigration. The average waiting pe- the pilot as amended by this bill, qualifying re- State of Texas, that ranks number four riod for processing ballooned from 45 minutes gional centers may create jobs indirectly in the Nation in overall visitor spend- to up to 4 hours. Imagine yourself as a visitor through revenues generated from increased ing and travel. traveling from Japan for 3 hours then waiting exports, improved regional productivity, job Mr. Speaker, let me conclude by sim- in line for an additional 4 hours to process creation, or increased domestic capital invest- ply saying that I would hope that we through immigration before your able to leave ment. would have the opportunity to look at the airport and begin your vacation. This is a The bill modifies the program set up under countries in the continent of Africa, reality that some visitors to Guam have had to the Illegal Immigration Reform and Immigrant particularly South Africa, to include in endure. Responsibility Act of 1996 to collect informa- this program, and that this program This program is crucial to the success of tion on alien post-secondary students and ex- will continue to grow in a positive way American communities that rely on tourism as change visitors. In 1995, the Immigration and so we can continue to have the impor- their main source of revenue. For 14 years the Naturalization Service issued a report which tant exchange that is so very impor- program has soundly demonstrated its ability found that ``Americans have a fundamental, tant in the United States of America to to expand our travel and tourism base and aid basic expectation that their Government is ef- promote cooperation and exchange. our country's economic growth. Indeed, Guam fectively monitoring and controlling foreign stu- Mr. FARR of California. Mr. Speaker, as co- has itself reaped the benefits of this program, dents. . . . Because there have been high chair of the House Travel and Tourism Cau- alleviating the process for applying for a visa profile instances where terrorists and criminal cus, I express my strong support for passage to certain visitors traveling to the United States aliens have been linked to student visas, there of the Visa Waiver Permanent Program Act for business or pleasure. is a growing degree of public concern about (H.R. 3767) to permanently reauthorize the Since 1988, travel to the United States from this issue.'' Visa Waiver Pilot Program. foreign countries has consistently risen each Section 641 of IIRIRA required the imple- The Visa Waiver Program facilitates and year. International travel has given our country mentation (first as a pilot program) of a sys- streamlines international travel by allowing a trade surplus within the tourism industry to- tem which would collect electronically informa- visitors from 29 low-risk countries to enter the taling as much as $26 billion in 1996. It is tion from schools on foreign students including U.S. visa-free for up to 90 days. A permanent clear that with revenues like this, we should identity and address, current academic status program will encourage international travel to make the Visit Waiver Program permanent. and any disciplinary action taken by a school the United States at a time when we should Mr. Speaker, I urge the passage today of against a student as a result of the commis- be promoting the U.S. travel and tourism in- H.R. 3767, the Visa Waiver Permanent Pro- sion of a crime. The system is soon to go into dustry. As the fastest growing industry in the gram Act, which is instrumental to continuing effect nationwide. United States, the third-largest retail industry, the prosperity of our nations' economy, includ- This bill clarifies that the fee funding this and one of the Nation's largest employers, ing my home island of Guam. program shall be collected by the Attorney tourism is one of our most vibrant economic Mr. CONYERS. Mr. Speaker, on April 11, General prior to the issuance of a visa, and industries. 2000, the House passed H.R. 3767, the Visa not by the institution of higher education or ex- More than 46 million international visitors Waiver Permanent Program Act, which in- change visitor program when the alien reg- come to the United States each year, and the cluded an amendment I offered during the Ju- isters or first commences activities. numbers keep on increasing. These tourists diciary Committee markup. My amendment In addition, the bill provides that aliens sub- spend more than $90 billion in the United prohibits the use of visa refusal rates to dis- ject to the program who are admitted under States, supporting directly and indirectly 16.9 qualify countries from the visa waiver program ``J'' exchange visas as au pairs, camp coun- million American jobs, and creating a tourism when visa refusals are based on the discrimi- selors, or participants in summer work travel trade surplus of $14.2 billion. More than 94 natory practices of the adjudicating Consulate. programs shall pay a fee of no more than $40. percent of these jobs are created by small The amendment as passed by both the com- Finally, the bill provides that employers uti- businesses located in communities in every mittee and the House ensures that Consulates lizing the H±1B program do not have to file corner of the United States. In fact, the travel and Embassies abroad adjudicate visa appli- amended petitions for alien workers as a re- industry provides jobs for more than 800,000 cations based on the merits of the applica- sult of their being involved in corporate people in California and 20,000 in my district tions, and not on the basis of ``race, sex, sex- restructurings, including but not limited to alone. As the second largest economic engine ual orientation, or disability.'' Unfortunately, mergers, acquisitions, or consolidations, where on the central coast, bringing in $1.5 billion a this bill's Senate counterpart has been held up new corporate entities succeed to the interest year, tourism is absolutely integral to my dis- in large part because of opposition to my and obligations of the original employers and trict's economic success story. amendment by the senior Senator from North where the terms and conditions of employ- Nearly half of all overseas visitors currently Carolina and others in the Senate majority. ment remain the same. arrive under the Visa Waiver Program. Without In an effort to reach a compromise, the Sen- I urge my colleagues to vote for the Visa this program, the number of international tour- ate bill retains my amendment, except for the Waiver Permanent Program Act. ists will decrease substantiallyÐwhich will be prohibition of discrimination on the basis of Mr. Speaker, I reserve the balance of felt on Main Street, USA nationwide. sexual orientation. In addition, the Senate my time. This success of the Visa Waiver Program amendment provides that: Ms. JACKSON-LEE of Texas. Mr. has been an integral component in our in- No court shall have jurisdiction under [the Speaker, I yield myself such time as I creased international tourism, which has in Conyers’ amendment] to review any visa re- may consume. turn provided substantial economic benefits to fusal or the Secretary’s computation of the (Ms. JACKSON-LEE of Texas asked and the United States. Therefore, on behalf of bed visa refusal rate. was given permission to revise and ex- and breakfasts, retail shop owners, taxi drivers I would have preferred that these changes tend her remarks.) and tour operators across the Nation, I urge not have been made, but, given the lateness

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00038 Fmt 4634 Sfmt 9920 E:\CR\FM\A10OC7.035 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9545 in the session and the importance of the visa tain their current visa status without this SECTION 1. WAIVER OF OATH OF RENUNCIATION waiver program being extended, I am willing to AND ALLEGIANCE FOR NATURALIZA- change in the law. the purpose of title III is not TION OF ALIENS HAVING CERTAIN support the legislation before us. to give INTELSAT an unfair advantage with DISABILITIES. The impetus for the amendment was U.S. regard to its hiring practices as compared with (a) IN GENERAL.—Section 337(a) of the Im- District Court Judge Stanley Sporkin's decisive its competitors. Let me just clarify my under- migration and Nationality Act (8 U.S.C. findings in the case of Olden versus Albright standing of two references within Title III. 1448(a)) is amended by adding at the end the in December 1997 that the U.S. Consulate First, in sections 301(a)(1) and (a)(2), the following: General in Sao Paulo, Brazil, based its non- phrase ``separate entity of INTELSAT'' is in- immigrant visa determinations in large part on ‘‘The Attorney General may waive the tak- tended to address the situation in which, be- ing of the oath by a person if in the opinion the applicants' race, ethnicity or national ori- tween passage of this bill and privatization, of the Attorney General the person is unable gin. For example, Korean and Chinese nation- INTELSAT establishes a new separated entity to understand, or to communicate an under- als were rarely issued visas unless they were as a shell company in anticipation of privatiza- standing of, its meaning because of a phys- older and had previously received a visa. Ac- tion. It is not our intent for an employee of ical or developmental disability or mental cording to the Consular Section Head, ``Fili- INTELSAT who, post-privatization, becomes impairment. If the Attorney General waives pinos and Nigerians have high fraud rates, an employee of a separated entity that pre- the taking of the oath by a person under the and their applications should be viewed with preceding sentence, the person shall be con- dates this legislation (e.g., New Skies Sat- sidered to have met the requirements of sec- extreme suspicion, while British and Japanese ellites N.V.) to retain his or her nonimmigrant citizens rarely overstay, and generally require tion 316(a)(3) with respect to attachment to status. the principles of the Constitution and well less scrutiny.'' Further, identifying cities Second, in sections 301(a)(1) and (a)(2), the disposition to the good order and happiness ``known for fraud'' (most with predominantly phrase ``the date of privatization'' means either of the United States.’’. black populations), the Consulate's manual the date that INTELSAT privatizes or April 1, (b) EFFECTIVE DATE.—The amendment stated that ``anyone born in these locations is 2001, whichever is earlier. The ORBIT Act made by subsection (a) shall apply to persons suspect unless older, well-traveled, etc.'' specifies April 1, 2001 as the date by which applying for naturalization before, on, or Judge Sporkin correctly stated: INTELSAT must privatize, without regard to after the date of the enactment of this Act. The principle that government must not whether INTELSAT is granted an extension, discriminate against particular individuals The SPEAKER pro tempore. Pursu- because of the color of their skin or the place pursuant to Section 621(5) of the ORBIT Act, ant to the rule, the gentleman from of their birth means that the use of gen- to conduct an initial public offering. Texas (Mr. SMITH) and the gentle- eralizations based on these factors is unfair Finally, I would like to thank the Travel In- woman from Texas (Ms. JACKSON-LEE) and unjustified. dustry Association, and in particular its presi- each will control 20 minutes. When, as in the Olsen case, that discrimina- dent, Bill Norman, for their exemplary work on The Chair recognizes the gentleman tory profiling is occurring and where it occurs ensuring the final passage of this bill. from Texas (Mr. SMITH). at the Federal level, it is particularly important The Visa Waiver Permanent Program Act is that Congress act to prevent further discrimi- too important to our business and tourism in- GENERAL LEAVE nation. dustries to delay it any longer. I therefore urge Mr. SMITH of Texas. Mr. Speaker, I Notwithstanding the Senate's revision to the my colleagues to support this bill. ask unanimous consent that all Mem- bill, the final language makes it clear to the Ms. JACKSON-LEE of Texas. Mr. bers may have 5 legislative days within U.S. Consulates and Embassies abroad that it Speaker, I yield back the balance of which to revise and extend their re- is a violation of U.S. law for visa refusals to my time. marks and include extraneous material occur based on generalizations that by their Mr. SMITH of Texas. Mr. Speaker, I on the bill under consideration. very nature are not applicable to the individual urge my colleagues to support this bill, The SPEAKER pro tempore. Is there application. The revised language continues to and I yield back the balance of my objection to the request of the gen- ensure that Embassies and Consulates adju- time. tleman from Texas? dicate visas based on the merits of the appli- The SPEAKER pro tempore. The There was no objection. cations, and not on the basis of irrelevant and question is on the motion offered by harmful discriminatory stereotypes. Further, Mr. SMITH of Texas. Mr. Speaker, I the gentleman from Texas (Mr. SMITH) the Olson decision continues to stand for the that the House suspend the rules and yield myself such time as I may con- legal proposition that the use of generaliza- concur in the Senate amendments to sume. tions based on race, sex, and disability (as the bill, H.R. 3767. Mr. Speaker, I thank the gentle- well as sexual orientation, nationality, place of The question was taken; and (two- woman from Florida (Ms. ROS- birth, and place of residence) is unfair, unjusti- thirds having voted in favor thereof) LEHTINEN) for introducing this bill, and fied, and contrary to law. the rules were suspended and the Sen- I appreciate the effort she put into it The amendment added in the Senate will ate amendments were concurred in. to get to the point it is in today. have no practical legal effect and I understand from my Senate colleagues that it is merely a A motion to reconsider was laid on Mr. Speaker, H.R. 4838 permits the symbolic gesture. Nonetheless, court stripping the table. Attorney General to waive the taking provisions, whether symbolic or not, is con- of the oath of allegiance by a natu- trary to our democratic principles. I hesitate f ralization applicant if, in the opinion before supporting another bill out of this Con- of the Attorney General, the applicant is unable to understand or to commu- gress that removes the ability of immigrants to DISABLED IMMIGRANT nicate an understanding of the oath’s have administrative determinations reviewed NATURALIZATION OATH WAIVER by a court. It seems to me ironic that our Re- meaning because of a physical or devel- Mr. SMITH of Texas. Mr. Speaker, I publican friends demanded only a short while opmental disability or mental impair- move to suspend the rules and pass the ago that Elian Gonzalez be afforded the right ment. bill (H.R. 4838) to amend the Immigra- of judicial review. These demands must also Mr. Speaker, some disabled, lawful tion and Nationality Act to provide a have been only symbolic. permanent resident aliens have been The bill passed by the Senate also includes waiver of the oath of renunciation and unable to overcome obstructions at a new title III to permit INTELSAT's foreign allegiance for naturalization of aliens various stages in the naturalization employees to maintain their nonimmigrant sta- having certain disabilities, as amend- process because of their disabilities. tus notwithstanding the organization's privat- ed. The Immigration and Nationality Act ization. At the present time, INTELSAT's for- The Clerk read as follows: permits the Attorney General to waive eign employees are in a visa status based on H.R. 4838 the taking of the oath by a child if the their employment by an international organiza- Be it enacted by the Senate and House of Rep- child is unable to understand its mean- tion. After INTELSAT privatizes, its current resentatives of the United States of America in ing. Yet, some of those disabled indi- employees will no longer be eligible to main- Congress assembled, viduals who were granted a medical

VerDate 02-OCT-2000 06:00 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.074 pfrm01 PsN: H10PT1 H9546 CONGRESSIONAL RECORD — HOUSE October 10, 2000 waiver for the English, history and Naturalization applicants are re- Naturalization applications are required to government exams due to their phys- quired to demonstrate their ability to demonstrate their ability to take a ``meaningful ical or developmental disability or take a meaningful oath of allegiance to oath'' of allegiance to the United States. Per- mental impairment also cannot com- the United States. Perhaps the poten- haps the potential unfairness of this require- municate an understanding of the oath tial unfairness of this requirement can ment can be seen most clearly in the case of of renunciation. This bill provides the be seen most clearly in the case of Alz- Alzheimer's victims. As a country, we have de- necessary waiver. heimer’s victims. Remember, many of cided to provide medical benefits to our citi- Like the preexisting oath waiver for these individuals are elderly, and may zens. Alzheimer victims who have been lawful children, this bill permits disabled ap- have waited a long period of time to re- permanent residents for decades are in des- plicants who cannot understand the ceive this precious right of citizenship perate need of these medical benefits, and oath or cannot communicate an under- in the United States. they would be entitled to them as U.S. citizens standing of the oath to overcome this As a country, we have decided to pro- but for the fact that Alzheimer's disease is pre- last obstruction to becoming a United vide medical benefits to our citizens. venting them from taking an oath of alle- States citizen. Alzheimer’s victims who have been giance. This is truly a ``catch 22'' situation. This bill will apply to persons apply- lawful, permanent residents for decades The very disease that creates the need for ing for naturalization before, on, or are in desperate need of these benefits, medical services is preventing them from re- after the date of enactment of this act. and they would be entitled to them as ceiving the services. Disabled naturalization applicants U.S. citizens, but for the fact that the This doesn't just apply to victims of Alz- who have in the past been denied natu- Alzheimer’s disease is preventing them heimer's disease. It applies to many elderly ralization because they could not un- to take an oath of allegiance. This people in our society who have lived in the derstand or communicate an under- truly is a catch-22 situation. The very United States as lawful, productive members standing of the meaning of the oath disease that creates the need for med- of our society for many years, and new des- may reopen their naturalization appli- ical services is preventing them from perately need medical assistance. cations and continue the process of be- receiving the services. I have three constituents I want to tell you coming American citizens. This does not just apply to victims of about, a man and a woman and their 17-year- I appreciate the willingness of the Alzheimer’s disease, it applies to many old child who has a mental impairment. The gentlewoman from Florida (Ms. ROS- elderly people in our society who have man and the woman have applied for natu- LEHTINEN) to agree to the technical lived in the United States as lawful, ralization, and we have every reason to expect corrections found in this suspension productive members of our society for their applications to be granted. The problem version of H.R. 4838. I also appreciate many years and now desperately need is that their child will age-out of eligibility for her dedication to this deserving group medical assistance. derivative citizenship when she turns 18 at the of aspiring citizens. I have three constituents I want to end of the year. She will then have to apply Mr. Speaker, I urge my colleagues to tell Members about, a man and a for naturalization on her own, which will re- support this bill. woman and their 17-year-old child who quire an oath of allegiance. Mr. Speaker, I reserve the balance of has a mental impairment. The man and The child will lose derivative citizenship be- my time. woman have applied for naturalization, cause INS cannot process the naturalization Ms. JACKSON-LEE of Texas. Mr. and we have every reason to expect applications of her parents in a reasonable Speaker, I yield myself such time as I their applications to be granted. The amount of time. may consume. problem is that their child will age out The average processing time for a natu- Mr. Speaker, before I begin my re- of eligibility for derivative citizenship ralization application is more than 20 months. marks, I would like to add a special when she turns 18 at the end of the And, because she is not competent to take an note of tribute and sadness to the loss year. She would then have to apply for oath of allegiance, she won't be able to pur- of the gentleman from Minnesota (Mr. naturalization on her own, which sue a naturalization application on her own VENTO). would require an oath of allegiance. when she is 18 years old and has aged out of In particular, I want to acknowledge The child will lose derivative citizen- eligibility for derivative status. This is terribly the work that he did with our sub- ship because INS cannot process a nat- unfair. committee on the Hmong Naturaliza- uralization application for her parents I urge Members to support H.R. 4838. tion Act, which gave relief to Laotian in a reasonable amount of time. The Mr. Speaker, I reserve the balance of veterans who fought during the Viet- average processing time for a natu- my time. nam War. We have waived their citizen- ralization application is more than 20 Mr. SMITH of Texas. Mr. Speaker, I ship requirements, and the bill passed months. Because she is not competent yield such time as she may consume to in the House and Senate. The gen- to take an oath of allegiance, she will the gentlewoman from Florida (Ms. tleman from Minnesota was a great not be able to pursue a naturalization ROS-LEHTINEN), the author of the bill. leader on these issues, and we thank application on her own when she is 18 Ms. ROS-LEHTINEN. Mr. Speaker, I him very much for the service he gave. years old and has aged out of eligibility thank the chairman for yielding time His loss will be very much experienced for derivative status. to me. by all of us. This is terribly unfair. This is divid- Mr. Speaker, the United States is the Mr. Speaker, I rise in support of the ing and destroying a family. I enthu- world’s greatest economic power. We bill of the gentlewoman from Florida siastically urge members to support sustain one of the world’s highest (Ms. ROS-LEHTINEN), H.R. 4838. This bill H.R. 4838, and thank my colleague, the standards of living that is more diver- would provide a waiver of the oath of gentlewoman from Florida (Ms. ROS- sified than any other on Earth. renunciation and allegiance for natu- LEHTINEN), enthusiastically for her As a naturalized citizen, I know that ralization in the case of certain people work. the United States is the greatest coun- who are incapable of understanding Mr. Speaker, I rise in support of Represent- try in the world, which is why it is not such an oath. The oath of allegiance is ative ROS-LEHTINEN's bill, H.R. 4838. This bill surprising that every year thousands of the last step in the naturalization would provide a waiver of the oath of renunci- people from all over the world wish to process. I thank the chairman for see- ation and allegiance for naturalization in the be part of our great Nation. ing this bill through the process and case of certain people who are incapable of But it is not necessarily the eco- working in a bipartisan manner. understanding such an oath. The oath of alle- nomic prosperity found here in our Mr. Speaker, this bill signifies the giance is the last step in the naturalization country that brings people here, be- fact that the person is renouncing alle- process. cause what naturalized Americans giance to the country he or she is al- It signifies the fact that the person is re- cherish most are the basic freedoms of ready a citizen of and declaring alle- nouncing allegiance to the country he or she life, liberty, and the pursuit of happi- giance to the United States. It is a is already a citizen of and declaring allegiance ness. meaningless requirement in the case of to the United States. It is a meaningless re- As with many of my constituents, I a person who cannot understand such quirement in the case of a person who cannot know firsthand what it means and an oath, and it is causing great harm understand such an oath, and it is causing what it takes to become an American to many people. great harm to many people. citizen. It is an emotional moment

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.066 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9547 when one declares to the world that so strongly needed in the interests of my colleagues for their leadership in this is their new land and this is indeed justice. Everyone is moved by stories bringing this important legislation to where they belong. So many people of people who work hard and play by the floor. struggle with distance, language, and the rules. That is certainly the case for Ms. JACKSON-LEE of Texas. Mr. culture to come to a moment where one of my constituents who, for 6 Speaker, I reserve the balance of my they pledge the oath of allegiance, that years, has been working hard to be- time. this is their new countries, the United come legally a citizen of the United Mr. SMITH of Texas. Mr. Speaker, I States of America. States. yield 2 minutes to the gentlewoman At each naturalization ceremony, Mr. Speaker, unfortunately, when from Maryland (Mrs. MORELLA), my new Americans amplify a commitment the system of justice does not work, it colleague and classmate. that they have made in their hearts. As is heartbreaking for those involved. In Mrs. MORELLA. Mr. Speaker, I I was, they are reminded not only of the case of Vijai Rajan, who is 25 years thank the gentleman from Texas (Mr. America’s promise, but of the respon- old, she has lived in this country her SMITH), my classmate, for yielding the sibilities that they will proudly bear. entire life, since she was 4 months old. time to me, for his leadership on this The U.S. has historically offered op- Both of her parents are naturalized committee and on this subcommittee. portunities to all people, regardless of U.S. citizens. Her sister was born in I very much appreciate having this bill come on the floor. I want to cer- race, ethnicity, or religion. However, Cincinnati. The Rajan family wanted tainly thank the author of the bill, the immigration law has not yet consid- Vijai also to become a citizen, but you gentlewoman from Florida (Ms. ROS- ered a small group of individuals with see, Vijai is in a wheelchair. She re- LEHTINEN), because this is something cognitive disabilities. In fact, a small quires 24-hour-a-day care. She has cere- that is so humane and does help so fraction, only .1 percent, of soon-to-be bral palsy, muscular dystrophy, many people who are so deserving of Americans cannot complete the natu- Crohn’s disease, and suffers from sei- citizenship. ralization process because of a handi- zures. It will allow the Attorney General to She communicates by sounds and by cap that renders them ineffective in waive the oath requirements for na- signs that she understands, and the communicating an understanding of tionalization, if the applicant is an in- only expressions are those that she the naturalization oath. dividual with a physical or mental dis- These individuals are not exempt feels. Of course, Vijai could not raise ability or mental impairment, who be- from fulfilling requirements of natu- her hand and take the oath of citizen- cause of such disability is unable to un- ralization such as being of good moral ship. But the INS, the Immigration and derstand or communicate an under- character and of residency here in the Naturalization Service, where her fam- standing of the meaning of the oath. United States. They must still fulfill ily applied for her some 6 years ago has We all have examples. Let me just those responsibilities. But these se- run them through the bureaucratic try one out. Gustavo Galvez-Letona, a verely disabled individuals pose no mill for years. 27-year-old native Guatemalan with threat to American society. Yet, they They contacted my office after hav- Down’s Syndrome, arrived in the should be entitled to the same respon- ing twice filed for citizenship, after United States when he was 10 years old. sibilities and opportunities that we as having had her in her wheelchair even INS waived the English and civics tests Americans all share. down to the INS office. She had been for him but refused to waive the oath; My legislation will enable individuals working for 4 years with the INS at thus he is the only member of his fam- suffering from advanced Alzheimer’s, that point; and not until later, not ily who is not yet naturalized. from Downs syndrome, and from au- until the very end, did the INS tell A Federal district court granted his tism to waive the oath of allegiance in them, even though they had met the petition for naturalization, recognizing order to become United States citizens. other requirements, that she could not that since INS has statutory authority The United States is the greatest become a citizen in any event, because to waive the oath for children, the oath success story of the modern world. So she could not raise her hand and say is not an essential eligibility require- in a Nation such as ours, disability the oath. ment. The court ordered INS to natu- should not hinder a person from The INS regs already allow an ex- ralize Mr. Galvez-Letona, stating that achieving one of the loftiest goals, that emption from the English language for because of his severe mental disability, of becoming a United States citizen. people who wish to become citizens. he is no different than a child who is In our country, persons with disabil- They allow for people with disabilities unable to understand the oath and at- ities who are given opportunities have an exemption from the American his- tachment requirements. never let us down. Waiving the oath for tory requirement. And a recent court The Department of Justice has ap- .1 percent of neurologically-impaired case recently held that a man with pealed the court’s decision. persons will help fulfill the American Down’s Syndrome who could not recite By passing this bill, which will waive dream for many new American fami- the oath could still be granted citizen- the oath of renunciation and allegiance lies. ship. for naturalization for individuals with But in the case of Vijai Rajan, the b 1630 cognitive disabilities, or children who INS pressed on, litigated, tried to do are unable to understand the meaning It will affirm the generous nature of everything possible to prevent this of the oath, we will enable thousands of the American spirit, and it will boast woman and her family from letting her families across our country who are of America’s compassionate character. become a citizen. living with autism, Down’s Syndrome, I urge my colleagues to vote for pas- Today with the passage of H.R. 4838, Alzheimer’s and other neurological dis- sage of my legislation. It will ensure Congress will clearly state that the At- orders to realize American citizenship. that equality is meant for all persons torney General has the authority to It is historically a part of our great regardless of their disabilities. And I waive the oath requirement for people country to be an inclusive Nation and thank the gentleman from Texas (Mr. with disabilities. This legislation also provide opportunities for all, so I sa- SMITH) again for his time. sends a strong signal that long delays lute all who are involved in this legis- Ms. JACKSON-LEE of Texas. Mr. in bureaucratic impediments are not lation. Speaker, I reserve the balance of my the greeting that this great Nation will Ms. JACKSON-LEE of Texas. Mr. time. extend to its new citizens. I thank the Speaker, I yield myself such time as I Mr. SMITH of Texas. Mr. Speaker, I Rajan family for never losing hope. may consume. yield 3 minutes to the gentleman from It sometimes takes an act of Con- Mr. Speaker, I urge my colleagues to California (Mr. COX), the chairman of gress to write a wrong. Vijai may not support this humanitarian bill. the Committee on House Policy. be able to comprehend the full extent Mr. Speaker, not knowing whether I Mr. COX. Mr. Speaker, I thank the of her legacy, but I know that passing will appear as a manager of a bill gentleman from Texas (Chairman this legislation will bring great com- again, let me thank the Committee on SMITH) and the gentlewoman from fort to all of her family and friends and the Judiciary staff for their leadership Florida (Ms. ROS-LEHTINEN) for their all other immigrants who dream of be- and outstanding service, and particu- leadership on this legislation, which is coming United States citizens. I thank larly those of the subcommittee that

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.067 pfrm01 PsN: H10PT1 H9548 CONGRESSIONAL RECORD — HOUSE October 10, 2000 are here: George Fishman, Lora Reis, en our national security because these individ- waive the taking of the oath if in the opinion Kelly Dixon, Leon Buck, and Nolan uals lack the capacity to understand the oath of the Attorney General the applicant for Rappaport. and, therefore, cannot form the intent to act naturalization is an individual with a dis- Mr. DIAZ-BALART. Mr. Speaker, I rise today ability, or a child, who is unable to under- against our government. stand or communicate an understanding of in strong support for the critically-needed leg- Furthermore, individuals with disabilities who the meaning of the oath. If the Attorney islation introduced by my colleague, Ms. ROS- receive a waiver would still have to fulfill other General waives the oath for such an indi- LEHTINEN (H.R. 4838). requirements of naturalization, including good vidual, the individual shall be considered to This legislation would remove an onerous moral character and residency. have met the requirements of section obstacle for those persons with disabilities The legislation we are considering today 316(a)(3) as to attachment to the Constitu- who are legal permanent residents, but be- poses no danger and manifests our nation's tion and well disposition to the United cause of their disabilities, are foreclosed from compassionÐa characteristic too often miss- States.’’. obtaining citizenship because they cannot re- ing from our immigration policy. I urge my col- (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to indi- cite the naturalization oath. leagues to support its passage. viduals who applied for naturalization be- This legislation gives the Attorney General Ms. JACKSON-LEE of Texas. Mr. fore, on, or after the date of enactment of the authority to waive the oath of renunciation Speaker, I yield back the balance of this Act. and allegiance for naturalization for individuals my time. MOTION OFFERED BY MR. SMITH OF TEXAS with cognitive disabilities, or children who are Mr. SMITH of Texas. Mr. Speaker, I Mr. SMITH of Texas. Mr. Speaker, I unable to understand the meaning of the oath. yield back the balance of my time. offer a motion. Accordingly, this legislation will enable thou- IB The SPEAKER pro tempore (Mr. G - The Clerk read, as follows: sands of families in our nation who have loved BONS). The question is on the motion ones with autism, down syndrome, Alz- offered by the gentleman from Texas Mr. SMITH of Texas moves to strike out all after the enacting clause of S. 2812 and in heimer's and other neurological disorders to (Mr. SMITH) that the House suspend the lieu thereof insert the text of H.R. 4838 as realize American citizenship for their loved rules and pass the bill, H.R. 4838, as passed by the House. ones. It will also give them peace of mind in amended. The motion was agreed to. that their loved ones will be able to attain citi- The question was taken; and (two- The Senate bill was ordered to be zenship and thereby secure the benefits and thirds having voted in favor thereof) read a third time, was read the third security accorded to United States citizens. the rules were suspended and the bill, time, and passed, and a motion to re- This legislation will also enable disabled peo- as amended, was passed. consider was laid on the table. ple the opportunity, as citizens, to develop A motion to reconsider was laid on A similar House bill (H.R. 4838) was their abilities so that they can be the most pro- the table. laid on the table. ductive citizens they possibly can be. Mr. SMITH of Texas. Mr. Speaker, I Mr. Speaker, I am proud to be a cosponsor ask unanimous consent that the Com- f of this worthwhile legislation and I applaud my mittee on the Judiciary be discharged PIPELINE SAFETY IMPROVEMENT colleagues ILEANA ROS-LEHTINEN and Sub- from the further consideration of the ACT OF 2000 committee Chairman LAMAR SMITH for advanc- Senate bill (S. 2812) to amend the Im- Mr. SHUSTER. Mr. Speaker, I move ing it to the House suspension calendar for a migration and Nationality Act to pro- to suspend the rules and pass the Sen- vote today. vide a waiver of the oath of renunci- ate bill (S. 2438) to provide for en- Mr. SHAYS. Mr. Speaker, I rise in strong ation and allegiance for naturalization hanced safety, public awareness, and support of H.R. 4838, which would permit the of aliens having certain disabilities, environmental protection in pipeline Attorney General to waive the oath of renunci- and ask for its immediate consider- transportation, and for other purposes. ation and allegiance in instances when the ap- ation in the House. The Clerk read as follows: plicant for naturalization is an individual with a The Clerk read the title of the Senate severe disability who is unable to understand bill. S. 2438 or communicate an understanding of the The SPEAKER pro tempore. Is there Be it enacted by the Senate and House of Rep- meaning of the oath. This legislation is impor- objection to the request of the gen- resentatives of the United States of America in tant to families in Connecticut and across this tleman from Texas? Congress assembled, Ms. JACKSON-LEE of Texas. Mr. SECTION 1. SHORT TITLE; AMENDMENT OF TITLE country. 49, UNITED STATES CODE. I want to thank Congresswoman ILEANA Speaker, reserving the right to object, (a) SHORT TITLE.—This Act may be cited as ROS-LEHTINEN for introducing this legislation I yield to the gentleman from Texas the ‘‘Pipeline Safety Improvement Act of and Chairman LAMAR SMITH for working with (Mr. SMITH) for an explanation. 2000’’. our offices to bring it to the floor. I also want Mr. SMITH of Texas. Mr. Speaker, let (b) AMENDMENT OF TITLE 49, UNITED STATES to thank Connecticut's senior senator, CHRIS- me explain that the purpose of the re- CODE.—Except as otherwise expressly pro- TOPHER DODD, for his work on this legislation quest is to amend the companion Sen- vided, whenever in this Act an amendment in the Senate. ate bill and send it back to the Senate or repeal is expressed in terms of an amend- Under current law, the Attorney General has with the text of H.R. 4838 which the ment to, or a repeal of, a section or other the authority to waive for disabled applicants provision, the reference shall be considered House has just passed. to be made to a section or other provision of the English and civics tests required for natu- Ms. JACKSON-LEE of Texas. Re- title 49, United States Code. ralization. It makes little sense that the Attor- claiming my time, I thank the gen- SEC. 2. IMPLEMENTATION OF INSPECTOR GEN- ney General has the discretion to waive these tleman for his response. ERAL RECOMMENDATIONS. tests but is prohibited from waiving the oath of Mr. Speaker, I withdraw my reserva- (a) IN GENERAL.—Except as otherwise re- renunciation and allegiance required of these tion of objection. quired by this Act, the Secretary shall im- same disabled applicants. The SPEAKER pro tempore. Is there plement the safety improvement rec- The result is that despite the fulfillment of all objection to the request of the gen- ommendations provided for in the Depart- other requirements for naturalization, certain tleman from Texas? ment of Transportation Inspector General’s disabled individuals are unable to ever be- There was no objection. Report (RT–2000–069). (b) REPORTS BY THE SECRETARY.—Not later come citizens. These instances are rare, but The Clerk read the Senate bill, as fol- than 90 days after the date of enactment of they have terrible implications for the affected lows: this Act, and every 90 days thereafter until families. For example, it is possible under cur- S. 2812 each of the recommendations referred to in rent law for an entire family to be naturalized Be it enacted by the Senate and House of Rep- subsection (a) has been implemented, the with the exception of one disabled family resentatives of the United States of America in Secretary shall transmit to the Committee memberÐwho then could face possible depor- Congress assembled, on Commerce, Science, and Transportation tation. SECTION 1. WAIVER OF OATH OF RENUNCIATION of the Senate and the Committee on Trans- The main purpose of the oath requirement AND ALLEGIANCE FOR NATURALIZA- portation and Infrastructure of the House of Representatives a report on the specific ac- is to prevent the naturalization of people who TION OF ALIENS HAVING CERTAIN DISABILITIES. tions taken to implement such recommenda- are hostile to the United States Government or (a) IN GENERAL.—The last sentence of sec- tions. the principles of the Constitution. Waiving this tion 337(a) of the Immigration and Nation- (c) REPORTS BY THE INSPECTOR GENERAL.— requirement for people with severe disabilities ality Act (8 U.S.C. 1448(a)) is amended to The Inspector General shall periodically does nothing to defeat this purpose or threat- read as follows: ‘‘The Attorney General may transmit to the Committees referred to in

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.071 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9549 subsection (b) a report assessing the Sec- SEC. 5. PIPELINE INTEGRITY INSPECTION PRO- retary shall, by regulation, establish a proc- retary’s progress in implementing the rec- GRAM. ess for raising and addressing local safety ommendations referred to in subsection (a) Section 60109 is amended by adding at the concerns about pipeline integrity and the op- and identifying options for the Secretary to end the following: erator’s pipeline integrity plan. The process consider in accelerating recommendation ‘‘(c) INTEGRITY MANAGEMENT.— shall include— implementation. ‘‘(1) GENERAL REQUIREMENT.—The Sec- ‘‘(A) a requirement that an operator of a retary shall promulgate regulations requir- hazardous liquid or natural gas transmission SEC. 3. NTSB SAFETY RECOMMENDATIONS. ing operators of hazardous liquid pipelines (a) IN GENERAL.—The Secretary of Trans- pipeline facility provide information about and natural gas transmission pipelines to the risk analysis and integrity management portation, the Administrator of Research evaluate the risks to the operator’s pipeline and Special Program Administration, and plan required under this section to local offi- facilities in areas identified pursuant to sub- cials in a State in which the facility is lo- the Director of the Office of Pipeline Safety section (a)(1), and to adopt and implement a cated; shall fully comply with section 1135 of title program for integrity management that re- ‘‘(B) a description of the local officials re- 49, United States Code, to ensure timely re- duces the risk of an incident in those areas. quired to be informed, the information that sponsiveness to National Transportation The regulations shall be issued no later than is to be provided to them and the manner, Safety Board recommendations about pipe- one year after the Secretary has issued which may include traditional or electronic line safety. standards pursuant to subsections (a) and (b) means, in which it is provided; (b) PUBLIC AVAILABILITY.—The Secretary, of this section or by December 31, 2001, ‘‘(C) the means for receiving input from Administrator, or Director, respectively, whichever is sooner. the local officials that may include a public shall make a copy of each recommendation ‘‘(2) STANDARDS FOR PROGRAM.—In promul- on pipeline safety and response, as described gating regulations under this section, the forum sponsored by the Secretary or by the in sections 1135 (a) and (b) of title 49, United Secretary shall require an operator’s integ- State, or the submission of written com- States Code, available to the public at rea- rity management plan to be based on risk ments through traditional or electronic sonable cost. analysis and each plan shall include, at a means; (c) REPORTS TO CONGRESS.—The Secretary, minimum— ‘‘(D) the extent to which an operator of a Administrator, or Director, respectively, ‘‘(A) periodic assessment of the integrity of pipeline facility must participate in a public shall submit to the Congress by January 1 of the pipeline through methods including in- forum sponsored by the Secretary or in an- each year a report containing each rec- ternal inspection, pressure testing, direct as- other means for receiving input from the ommendation on pipeline safety made by the sessment, or other effective methods; local officials or in the evaluation of that Board during the prior year and a copy of the ‘‘(B) clearly defined criteria for evaluating input; and response to each such recommendation. the results of the periodic assessment meth- ‘‘(E) the manner in which the Secretary SEC. 4. QUALIFICATIONS OF PIPELINE PER- ods carried out under subparagraph (A) and will notify the local officials about how their SONNEL. procedures to ensure identified problems are concerns are being addressed.’’. (a) QUALIFICATION PLAN.—Each pipeline op- corrected in a timely manner; and SEC. 6. ENFORCEMENT. erator shall make available to the Secretary ‘‘(C) measures, as appropriate, that prevent (a) IN GENERAL.—Section 60112 is amend- of Transportation, or, in the case of an intra- and mitigate unintended releases, such as ed— state pipeline facility operator, the appro- leak detection, integrity evaluation, restric- (1) by striking subsection (a) and inserting priate State regulatory agency, a plan that tive flow devices, or other measures. the following: is designed to enhance the qualifications of ‘‘(3) CRITERIA FOR PROGRAM STANDARDS.—In ‘‘(a) GENERAL AUTHORITY.—After notice pipeline personnel and to reduce the likeli- deciding how frequently the integrity assess- and an opportunity for a hearing, the Sec- hood of accidents and injuries. The plan shall ment methods carried out under paragraph retary of Transportation may decide a pipe- be made available not more than 6 months (2)(A) must be conducted, an operator shall line facility is hazardous if the Secretary de- after the date of enactment of this Act, and take into account the potential for new de- cides that— the operator shall revise or update the plan fects developing or previously identified ‘‘(1) operation of the facility is or would be as appropriate. structural defects caused by construction or hazardous to life, property, or the environ- (b) REQUIREMENTS.—The enhanced quali- installation, the operational characteristics ment; or fication plan shall include, at a minimum, of the pipeline, and leak history. In addition, ‘‘(2) the facility is, or would be, con- criteria to demonstrate the ability of an in- the Secretary may establish a minimum structed or operated, or a component of the dividual to safely and properly perform tasks testing requirement for operators of pipe- facility is, or would be, constructed or oper- identified under section 60102 of title 49, lines to conduct internal inspections. ated with equipment, material, or a tech- United States Code. The plan shall also pro- ‘‘(4) STATE ROLE.—A State authority that nique that the Secretary decides is haz- vide for training and periodic reexamination has an agreement in effect with the Sec- ardous to life, property, or the environ- of pipeline personnel qualifications and pro- retary under section 60106 is authorized to ment.’’; and vide for requalification as appropriate. The review and assess an operator’s risk analyses (2) by striking ‘‘is hazardous,’’ in sub- Secretary, or, in the case of an intrastate and integrity management plans required section (d) and inserting ‘‘is, or would be, pipeline facility operator, the appropriate under this section for interstate pipelines lo- hazardous,’’. State regulatory agency, may review and cated in that State. The reviewing State au- SEC. 7. PUBLIC EDUCATION, EMERGENCY PRE- certify the plans to determine if they are thority shall provide the Secretary with a PAREDNESS, AND COMMUNITY sufficient to provide a safe operating envi- written assessment of the plans, make rec- RIGHT TO KNOW. ronment and shall periodically review the ommendations, as appropriate, to address (a) Section 60116 is amended to read as fol- plans to ensure the continuation of a safe op- safety concerns not adequately addressed in lows: eration. The Secretary may establish min- the operator’s plans, and submit documenta- ‘‘§ 60116. Public education, emergency pre- imum standards for pipeline personnel train- tion explaining the State-proposed plan revi- paredness, and community right to know ing and evaluation, which may include writ- sions. The Secretary shall carefully consider ‘‘(a) PUBLIC EDUCATION PROGRAMS.— ten examination, oral examination, work the State’s proposals and work in consulta- ‘‘(1) Each owner or operator of a gas or haz- performance history review, observation dur- tion with the States and operators to address ardous liquid pipeline facility shall carry out ing performance on the job, on the job train- safety concerns. a continuing program to educate the public ing, simulations, or other forms of assess- ‘‘(5) MONITORING IMPLEMENTATION.—The on the use of a one-call notification system ment. Secretary of Transportation shall review the prior to excavation and other damage pre- (c) REPORT TO CONGRESS.— risk analysis and program for integrity man- vention activities, the possible hazards asso- (1) IN GENERAL.—The Secretary shall sub- agement required under this section and pro- ciated with unintended releases from the mit a report to the Congress evaluating the vide for continued monitoring of such plans. pipeline facility, the physical indications effectiveness of operator qualification and Not later than 2 years after the implementa- that such a release may have occurred, what training efforts, including— tion of integrity management plans under steps should be taken for public safety in the (A) actions taken by inspectors; this section, the Secretary shall complete an event of a pipeline release, and how to report (B) recommendations made by inspectors assessment and evaluation of the effects on such an event. for changes to operator qualification and safety and the environment of extending all ‘‘(2) Within 12 months after the date of en- training programs; and of the requirements mandated by the regula- actment of the Pipeline Safety Improvement (C) industry responses to those actions and tions described in paragraph (1) to additional Act of 2000, each owner or operator of a gas recommendations. areas. The Secretary shall submit the assess- or hazardous liquid pipeline facility shall re- (2) CRITERIA.—The Secretary may establish ment and evaluation to Congress along with view its existing public education program criteria for use in evaluating and reporting any recommendations to improve and expand for effectiveness and modify the program as on operator qualification and training for the utilization of integrity management necessary. The completed program shall in- purposes of this subsection. plans. clude activities to advise affected munici- (3) DUE DATE.—The Secretary shall submit ‘‘(6) OPPORTUNITY FOR LOCAL INPUT ON IN- palities, school districts, businesses, and the report required by paragraph (1) to the TEGRITY MANAGEMENT.—Within 18 months residents of pipeline facility locations. The Congress 3 years after the date of enactment after the date of enactment of the Pipeline completed program shall be submitted to the of this Act. Safety Improvement Act of 2000, the Sec- Secretary or, in the case of an intrastate

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pipeline facility operator, the appropriate ‘‘(A) a safety-related condition report filed (1) by striking ‘‘GENERAL AUTHORITY.—’’ in State agency and shall be periodically re- by an operator under section 60102(h); subsection (a) and inserting ‘‘AGREEMENTS viewed by the Secretary or, in the case of an ‘‘(B) a report of a pipeline incident filed by WITHOUT CERTIFICATION.—’’; intrastate pipeline facility operator, the ap- an operator; (2) by redesignating subsections (b), (c), propriate State agency. ‘‘(C) the results of any inspection by the and (d) as subsections (c), (d), and (e); and ‘‘(3) The Secretary may issue standards Office of Pipeline Safety or a State regu- (3) by inserting after subsection (a) the fol- prescribing the elements of an effective pub- latory official; and lowing: lic education program. The Secretary may ‘‘(D) a description of any corrective action ‘‘(b) AGREEMENTS WITH CERTIFICATION.— also develop material for use in the program. taken in response to a safety-related condi- ‘‘(1) IN GENERAL.—If the Secretary accepts ‘‘(b) EMERGENCY PREPAREDNESS.— tion reported under subparagraph (A), (B), or a certification under section 60105 of this ‘‘(1) OPERATOR LIAISON.—Within 12 months (C); and title and makes the determination required after the date of enactment of the Pipeline ‘‘(2) prescribe requirements for public ac- under this subsection, the Secretary may Safety Improvement Act of 2000, an operator cess, as appropriate, to integrity manage- make an agreement with a State authority of a gas transmission or hazardous liquid ment program information prepared under authorizing it to participate in the oversight pipeline facility shall initiate and maintain this chapter, including requirements that of interstate pipeline transportation. Each liaison with the State emergency response will ensure data accessibility to the greatest such agreement shall include a plan for the commissions, and local emergency planning extent feasible.’’. State authority to participate in special in- (b) SAFETY CONDITION REPORTS.—Section committees in the areas of pipeline right-of- vestigations involving incidents or new con- 60102(h)(2) is amended by striking ‘‘authori- way, established under section 301 of the struction and allow the State authority to Emergency Planning and Community Right- ties.’’ and inserting ‘‘officials, including the local emergency responders.’’. participate in other activities overseeing To-Know Act of 1986 (42 U.S.C. 11001) in each interstate pipeline transportation or to as- State in which it operates. (c) CONFORMING AMENDMENT.—The chapter analysis for chapter 601 is amended by strik- sume additional inspection or investigatory ‘‘(2) INFORMATION.—An operator shall, upon ing the item relating to section 60116 and in- duties. Nothing in this section modifies sec- request, make available to the State emer- tion 60104(c) or authorizes the Secretary to gency response commissions and local emer- serting the following: ‘‘60116. Public education, emergency pre- delegate the enforcement of safety standards gency planning committees, and shall make prescribed under this chapter to a State au- available to the Office of Pipeline Safety in paredness, community right to know.’’. thority. a standardized form for the purpose of pro- ‘‘(2) DETERMINATIONS REQUIRED.—The Sec- SEC. 8. PENALTIES. viding the information to the public, the in- retary may not enter into an agreement (a) CIVIL PENALTIES.—Section 60122 is formation described in section 60102(d), the under this subsection, unless the Secretary operator’s program for integrity manage- amended— (1) by striking ‘‘$25,000’’ in subsection (a)(1) determines that— ment, and information about implementa- ‘‘(A) the agreement allowing participation tion of that program. The information about and inserting ‘‘$500,000’’; (2) by striking ‘‘$500,000’’ in subsection of the State authority is consistent with the the facility shall also include, at a min- Secretary’s program for inspection and con- imum— (a)(1) and inserting ‘‘$1,000,000’’; (3) by adding at the end of subsection (a)(1) sistent with the safety policies and provi- ‘‘(A) the business name, address, telephone sions provided under this chapter; number of the operator, including a 24-hour the following: ‘‘The preceding sentence does not apply to judicial enforcement action ‘‘(B) the interstate participation agree- emergency contact number; ment would not adversely affect the over- ‘‘(B) a description of the facility, including under section 60120 or 60121.’’; and (4) by striking subsection (b) and inserting sight responsibilities of intrastate pipeline pipe diameter, the product or products car- transportation by the State authority; ried, and the operating pressure; the following: ‘‘(b) PENALTY CONSIDERATIONS.—In deter- ‘‘(C) the State is carrying out a program ‘‘(C) with respect to transmission pipeline demonstrated to promote preparedness and facilities, maps showing the location of the mining the amount of a civil penalty under this section— risk prevention activities that enable com- facility and, when available, any high con- munities to live safely with pipelines; sequence areas which the pipeline facility ‘‘(1) the Secretary shall consider— ‘‘(A) the nature, circumstances, and grav- ‘‘(D) the State meets the minimum stand- traverses or adjoins and abuts; ards for State one-call notification set forth ‘‘(D) a summary description of the integ- ity of the violation, including adverse im- pact on the environment; in chapter 61; and rity measures the operator uses to assure ‘‘(E) the actions planned under the agree- safety and protection for the environment; ‘‘(B) with respect to the violator, the de- gree of culpability, any history of prior vio- ment would not impede interstate commerce and or jeopardize public safety. ‘‘(E) a point of contact to respond to ques- lations, the ability to pay, any effect on abil- ity to continue doing business; and ‘‘(3) EXISTING AGREEMENTS.—If requested tions from emergency response representa- by the State Authority, the Secretary shall tive. ‘‘(C) good faith in attempting to comply; and authorize a State Authority which had an ‘‘(3) SMALLER COMMUNITIES.—In a commu- ‘‘(2) the Secretary may consider— interstate agreement in effect after January, nity without a local emergency planning 1999, to oversee interstate pipeline transpor- committee, the operator shall maintain liai- ‘‘(A) the economic benefit gained from the violation without any discount because of tation pursuant to the terms of that agree- son with the local fire, police, and other ment until the Secretary determines that emergency response agencies. subsequent damages; and ‘‘(B) other matters that justice requires.’’. the State meets the requirements of para- ‘‘(4) PUBLIC ACCESS.—The Secretary shall (b) EXCAVATOR DAMAGE.—Section 60123(d) graph (2) and executes a new agreement, or prescribe requirements for public access, as is amended— until December 31, 2001, whichever is sooner. appropriate, to this information, including a (1) by striking ‘‘knowingly and willfully’’; Nothing in this paragraph shall prevent the requirement that the information be made (2) by inserting ‘‘knowingly and willfully’’ Secretary, after affording the State notice, available to the public by widely accessible before ‘‘engages’’ in paragraph (1); and hearing, and an opportunity to correct any computerized database. (3) striking paragraph (2)(B) and inserting alleged deficiencies, from terminating an ‘‘(c) COMMUNITY RIGHT TO KNOW.—Not later the following: agreement that was in effect before enact- than 12 months after the date of enactment ‘‘(B) a pipeline facility, is aware of dam- ment of the Pipeline Safety Improvement of the Pipeline Safety Improvement Act of age, and does not report the damage prompt- Act of 2000 if— 2000, and annually thereafter, the owner or ly to the operator of the pipeline facility and ‘‘(A) the State Authority fails to comply operator of each gas transmission or haz- to other appropriate authorities; or’’. with the terms of the agreement; ardous liquid pipeline facility shall provide (c) CIVIL ACTIONS.—Section 60120(a)(1) is ‘‘(B) implementation of the agreement has to the governing body of each municipality amended to read as follows: resulted in a gap in the oversight respon- in which the pipeline facility is located, a ‘‘(1) On the request of the Secretary of sibilities of intrastate pipeline transpor- map identifying the location of such facility. Transportation, the Attorney General may tation by the State Authority; or The map may be provided in electronic form. bring a civil action in an appropriate district ‘‘(C) continued participation by the State The Secretary may provide technical assist- court of the United States to enforce this Authority in the oversight of interstate pipe- ance to the pipeline industry on developing chapter, including section 60112 of this chap- line transportation has had an adverse im- public safety and public education program ter, or a regulation prescribed or order pact on pipeline safety.’’. content and best practices for program deliv- issued under this chapter. The court may (b) ENDING AGREEMENTS.—Subsection (e) of ery, and on evaluating the effectiveness of award appropriate relief, including a tem- section 60106, as redesignated by subsection the programs. The Secretary may also pro- porary or permanent injunction, punitive vide technical assistance to State and local damages, and assessment of civil penalties (a), is amended to read as follows: officials in applying practices developed in considering the same factors as prescribed ‘‘(e) ENDING AGREEMENTS.— these programs to their activities to pro- for the Secretary in an administrative case ‘‘(1) PERMISSIVE TERMINATION.—The Sec- mote pipeline safety. under section 60122.’’. retary may end an agreement under this sec- ‘‘(d) PUBLIC AVAILABILITY OF REPORTS.— SEC. 9. STATE OVERSIGHT ROLE. tion when the Secretary finds that the State The Secretary shall— (a) STATE AGREEMENTS WITH CERTIFI- authority has not complied with any provi- ‘‘(1) make available to the public— CATION.—Section 60106 is amended— sion of the agreement.

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‘‘(2) MANDATORY TERMINATION OF AGREE- of, and to prevent, pipeline failures and re- (3) AREAS.—In carrying out this sub- MENT.—The Secretary shall end an agree- leases. The Secretary shall administer the section, the Secretary of Transportation, in ment for the oversight of interstate pipeline program through the Bureau of Transpor- coordination with the Secretary of Energy, transportation if the Secretary finds that— tation Statistics, in cooperation with the shall consider research and development on ‘‘(A) implementation of such agreement Research and Special Programs Administra- natural gas, crude oil and petroleum product has resulted in a gap in the oversight respon- tion, and shall make such information avail- pipelines for— sibilities of intrastate pipeline transpor- able for use by State and local planning and (A) early crack, defect, and damage detec- tation by the State authority; emergency response authorities and the pub- tion, including real-time damage moni- ‘‘(B) the State actions under the agree- lic.’’. toring; ment have failed to meet the requirements SEC. 11. RESEARCH AND DEVELOPMENT. (B) automated internal pipeline inspection under subsection (b); or (a) INNOVATIVE TECHNOLOGY DEVELOP- sensor systems; ‘‘(C) continued participation by the State MENT.— (C) land use guidance and set back manage- authority in the oversight of interstate pipe- (1) IN GENERAL.—As part of the Department ment along pipeline rights-of-way for com- line transportation would not promote pipe- of Transportation’s research and develop- munities; line safety. ment program, the Secretary of Transpor- (D) internal corrosion control; ‘‘(3) PROCEDURAL REQUIREMENTS.—The Sec- tation shall direct research attention to the (E) corrosion-resistant coatings; retary shall give the notice and an oppor- development of alternative technologies— (F) improved cathodic protection; tunity for a hearing to a State authority be- (A) to expand the capabilities of internal (G) inspection techniques where internal fore ending an agreement under this section. inspection devices to identify and accurately inspection is not feasible, including measure- The Secretary may provide a State an oppor- measure defects and anomalies; ment of structural integrity; tunity to correct any deficiencies before end- (B) to inspect pipelines that cannot accom- (H) external leak detection, including port- ing an agreement. The finding and decision modate internal inspection devices available able real-time video imaging technology, and to end the agreement shall be published in on the date of enactment; the advancement of computerized control the Federal Register and may not become ef- (C) to develop innovative techniques meas- center leak detection systems utilizing real- fective for at least 15 days after the date of uring the structural integrity of pipelines; time remote field data input; publication unless the Secretary finds that (D) to improve the capability, reliability, (I) longer life, high strength, non-corrosive continuation of an agreement poses an immi- and practicality of external leak detection pipeline materials; nent hazard.’’. devices; and (J) assessing the remaining strength of ex- (E) to develop and improve alternative isting pipes; SEC. 10. IMPROVED DATA AND DATA AVAIL- ABILITY. technologies to identify and monitor outside (K) risk and reliability analysis models, to (a) IN GENERAL.—Within 12 months after force damage to pipelines. be used to identify safety improvements that the date of enactment of this Act, the Sec- (2) COOPERATIVE.—The Secretary may par- could be realized in the near term resulting retary shall develop and implement a com- ticipate in additional technological develop- from analysis of data obtained from a pipe- prehensive plan for the collection and use of ment through cooperative agreements with line performance tracking initiative; gas and hazardous liquid pipeline data to re- trade associations, academic institutions, or (L) identification, monitoring, and preven- vise the causal categories on the incident re- other qualified organizations. tion of outside force damage, including sat- (b) PIPELINE SAFETY AND RELIABILITY RE- port forms to eliminate overlapping and con- ellite surveillance; and SEARCH AND DEVELOPMENT.— fusing categories and include subcategories. (M) any other areas necessary to ensuring (1) IN GENERAL.—The Secretary of Trans- The plan shall include components to pro- the public safety and protecting the environ- portation, in coordination with the Sec- ment. vide the capability to perform sound inci- retary of Energy, shall develop and imple- dent trend analysis and evaluations of pipe- (4) POINTS OF CONTACT.— ment an accelerated cooperative program of (A) IN GENERAL.—To coordinate and imple- line operator performance using normalized research and development to ensure the in- ment the research and development pro- accident data. tegrity of natural gas and hazardous liquid (b) REPORT OF RELEASES EXCEEDING 5 GAL- grams and activities authorized under this pipelines. This research and development subsection— LONS.—Section 60117(b) is amended— program— (1) by inserting ‘‘(1)’’ before ‘‘To’’; (i) the Secretary of Transportation shall (A) shall include materials inspection tech- (2) redesignating paragraphs (1) and (2) as designate, as the point of contact for the De- niques, risk assessment methodology, and in- subparagraphs (A) and (B); partment of Transportation, an officer of the formation systems surety; and (3) inserting before the last sentence the Department of Transportation who has been (B) shall complement, and not replace, the appointed by the President and confirmed by following: research program of the Department of En- ‘‘(2) A person owning or operating a haz- the Senate; and ergy addressing natural gas pipeline issues ardous liquid pipeline facility shall report to (ii) the Secretary of Energy shall des- existing on the date of enactment of this the Secretary each release to the environ- ignate, as the point of contact for the De- Act. ment greater than five gallons of the haz- partment of Energy, an officer of the Depart- (2) PURPOSE.—The purpose of the coopera- ardous liquid or carbon dioxide transported. ment of Energy who has been appointed by tive research program shall be to promote This section applies to releases from pipeline the President and confirmed by the Senate. pipeline safety research and development facilities regulated under this chapter. A re- (B) DUTIES.— to— (i) The point of contact for the Department port must include the location of the release, (A) ensure long-term safety, reliability and of Transportation shall have the primary re- fatalities and personal injuries, type of prod- service life for existing pipelines; sponsibility for coordinating and overseeing uct, amount of product release, cause or (B) expand capabilities of internal inspec- the implementation of the research, develop- causes of the release, extent of damage to tion devices to identify and accurately meas- ment, and demonstration program plan property and the environment, and the re- ure defects and anomalies; under paragraphs (5) and (6). sponse undertaken to clean up the release. ‘‘(3) During the course of an incident inves- (C) develop inspection techniques for pipe- (ii) The points of contact shall jointly as- tigation, a person owning or operating a lines that cannot accommodate the internal sist in arranging cooperative agreements for pipeline facility shall make records, reports, inspection devices available on the date of research, development and demonstration in- and information required under subsection enactment; volving their respective Departments, na- (a) of this section or other reasonably de- (D) develop innovative techniques to meas- tional laboratories, universities, and indus- scribed records, reports, and information rel- ure the structural integrity of pipelines to try research organizations. evant to the incident investigation, avail- prevent pipeline failures; (5) RESEARCH AND DEVELOPMENT PROGRAM able to the Secretary within the time limits (E) develop improved materials and coat- PLAN.—Within 240 days after the date of en- prescribed in a written request.’’; and ings for use in pipelines; actment of this Act, the Secretary of Trans- (4) indenting the first word of the last sen- (F) improve the capability, reliability, and portation, in coordination with the Sec- tence and inserting ‘‘(4)’’ before ‘‘The Sec- practicality of external leak detection de- retary of Energy and the Pipeline Integrity retary’’ in that sentence. vices; Technical Advisory Committee, shall pre- (c) PENALTY AUTHORITIES.—(1) Section (G) identify underground environments pare and submit to the Congress a 5-year 60122(a) is amended by striking ‘‘60114(c)’’ that might lead to shortened service life; program plan to guide activities under this and inserting ‘‘60117(b)(3)’’. (H) enhance safety in pipeline siting and subsection. In preparing the program plan, (2) Section 60123(a) is amended by striking land use; the Secretary shall consult with appropriate ‘‘60114(c),’’ and inserting ‘‘60117(b)(3),’’. (I) minimize the environmental impact of representatives of the natural gas, crude oil, (d) ESTABLISHMENT OF NATIONAL DEPOSI- pipelines; and petroleum product pipeline industries to TORY.—Section 60117 is amended by adding at (J) demonstrate technologies that improve select and prioritize appropriate project pro- the end the following: pipeline safety, reliability, and integrity; posals. The Secretary may also seek the ad- ‘‘(l) NATIONAL DEPOSITORY.—The Secretary (K) provide risk assessment tools for opti- vice of utilities, manufacturers, institutions shall establish a national depository of data mizing risk mitigation strategies; and of higher learning, Federal agencies, the on events and conditions, including spill his- (L) provide highly secure information sys- pipeline research institutions, national lab- tories and corrective actions for specific in- tems for controlling the operation of pipe- oratories, State pipeline safety officials, en- cidents, that can be used to evaluate the risk lines. vironmental organizations, pipeline safety

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advocates, and professional and technical so- (c) OIL SPILLS.—Sections 60525 is amended employment because the employee (or any cieties. by redesignating subsections (d), (e), and (f) person acting pursuant to a request of the (6) IMPLEMENTATION.—The Secretary of as subsections (e), (f), (g) and inserting after employee)— Transportation shall have primary responsi- subsection (c) the following: ‘‘(1) provided, caused to be provided, or is bility for ensuring the 5-year plan provided ‘‘(d) OIL SPILL LIABILITY TRUST FUND.—Of about to provide (with any knowledge of the for in paragraph (5) is implemented as in- the amounts available in the Oil Spill Liabil- employer) or cause to be provided to the em- tended. In carrying out the research, devel- ity Trust Fund, $8,000,000 shall be transferred ployer or Federal Government information opment, and demonstration activities under to carry out programs authorized in this Act relating to any violation or alleged violation this paragraph, the Secretary of Transpor- for fiscal year 2001, fiscal year 2002, and fiscal of any order, regulation, or standard of the tation and the Secretary of Energy may use, year 2003.’’. Research and Special Programs Administra- to the extent authorized under applicable (d) PIPELINE INTEGRITY PROGRAM.—(1) tion or any other provision of Federal law re- provisions of law, contracts, cooperative There are authorized to be appropriated to lating to pipeline safety under this chapter agreements, cooperative research and devel- the Secretary of Transportation for carrying or any other law of the United States; opment agreements under the Stevenson- out sections 11(b) and 12 of this Act $3,000,000, ‘‘(2) has filed, caused to be filed, or is about Wydler Technology Innovation Act of 1980 (15 to be derived from user fees under section to file (with any knowledge of the employer) U.S.C. 3701 et seq.), grants, joint ventures, 60125 of title 49, United States Code, for each or cause to be filed a proceeding relating to other transactions, and any other form of of the fiscal years 2001 through 2005. any violation or alleged violation of any agreement available to the Secretary con- (2) Of the amounts available in the Oil order, regulation, or standard of the Admin- sistent with the recommendations of the Ad- Spill Liability Trust Fund established by istration or any other provision of Federal visory Committee. section 9509 of the Internal Revenue Code of law relating to pipeline safety under this (7) REPORTS TO CONGRESS.—The Secretary 1986 (26 U.S.C. 9509), $3,000,000 shall be trans- chapter or any other law of the United of Transportation shall report to the Con- ferred to the Secretary of Transportation to States; gress annually as to the status and results to carry out programs for detection, prevention ‘‘(3) testified or is about to testify in such date of the implementation of the research and mitigation of oil spills under sections a proceeding; or and development program plan. The report 11(b) and 12 of this Act for each of the fiscal ‘‘(4) assisted or participated or is about to shall include the activities of the Depart- years 2001 through 2005. assist or participate in such a proceeding. EPARTMENT OF LABOR COMPLAINT ments of Transportation and Energy, the na- (3) There are authorized to be appropriated ‘‘(b) D PROCEDURE.— tional laboratories, universities, and any to the Secretary of Energy for carrying out ‘‘(1) FILING AND NOTIFICATION.—A person other research organizations, including in- sections 11(b) and 12 of this Act such sums as who believes that he or she has been dis- dustry research organizations. may be necessary for each of the fiscal years 2001 through 2005. charged or otherwise discriminated against SEC. 12. PIPELINE INTEGRITY TECHNICAL ADVI- by any person in violation of subsection (a) SORY COMMITTEE. SEC. 14. OPERATOR ASSISTANCE IN INVESTIGA- may, not later than 90 days after the date on (a) ESTABLISHMENT.—The Secretary of TIONS. which such violation occurs, file (or have Transportation shall enter into appropriate (a) IN GENERAL.—If the Department of any person file on his or her behalf) a com- arrangements with the National Academy of Transportation or the National Transpor- plaint with the Secretary of Labor alleging Sciences to establish and manage the Pipe- tation Safety Board investigate an accident, such discharge or discrimination. Upon re- line Integrity Technical Advisory Com- the operator involved shall make available ceipt of such a complaint, the Secretary of mittee for the purpose of advising the Sec- to the representative of the Department or Labor shall notify, in writing, the person retary of Transportation and the Secretary the Board all records and information that named in the complaint and the Adminis- of Energy on the development and imple- in any way pertain to the accident (including trator of the Research and Special Programs mentation of the 5-year research, develop- integrity management plans and test re- Administration of the filing of the com- ment, and demonstration program plan sults), and shall afford all reasonable assist- plaint, of the allegations contained in the under section 11(b)(5). The Advisory Com- ance in the investigation of the accident. complaint, of the substance of evidence sup- mittee shall have an ongoing role in evalu- (b) CORRECTIVE ACTION ORDERS.—Section porting the complaint, and of the opportuni- ating the progress and results of the re- 60112(d) is amended— ties that will be afforded to such person search, development, and demonstration car- (1) by inserting ‘‘(1)’’ after ‘‘CORRECTIVE under paragraph (2). ried out under that section. ACTION ORDERS.—’’; and ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— (b) MEMBERSHIP.—The National Academy (2) by adding at the end the following: of Sciences shall appoint the members of the ‘‘(A) IN GENERAL.—Not later than 60 days ‘‘(2) If, in the case of a corrective action after the date of receipt of a complaint filed Pipeline Integrity Technical Advisory Com- order issued following an accident, the Sec- mittee after consultation with the Secretary under paragraph (1) and after affording the retary determines that the actions of an em- person named in the complaint an oppor- of Transportation and the Secretary of En- ployee carrying out an activity regulated ergy. Members appointed to the Advisory tunity to submit to the Secretary of Labor a under this chapter, including duties under written response to the complaint and an op- Committee should have the necessary quali- section 60102(a), may have contributed sub- fications to provide technical contributions portunity to meet with a representative of stantially to the cause of the accident, the the Secretary to present statements from to the purposes of the Advisory Committee. Secretary shall direct the operator to relieve SEC. 13. AUTHORIZATION OF APPROPRIATIONS. witnesses, the Secretary of Labor shall con- the employee from performing those activi- duct an investigation and determine whether (a) GAS AND HAZARDOUS LIQUIDS.—Section ties, reassign the employee, or place the em- 60125(a) is amended to read as follows: there is reasonable cause to believe that the ployee on leave until— complaint has merit and notify in writing ‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry ‘‘(A) the Secretary determines that the out this chapter and other pipeline-related the complainant and the person alleged to employee’s performance of duty in carrying have committed a violation of subsection (a) damage prevention activities of this title out the activity did not contribute substan- (except for section 60107), there are author- of the Secretary’s findings. If the Secretary tially to the cause of the accident; or of Labor concludes that there is reasonable ized to be appropriated to the Department of ‘‘(B) the Secretary determines the em- Transportation— cause to believe that a violation of sub- ployee has been re-qualified or re-trained as section (a) has occurred, the Secretary shall ‘‘(1) $26,000,000 for fiscal year 2001, of which provided for in section 4 of the Pipeline Safe- $20,000,000 is to be derived from user fees for accompany the Secretary’s findings with a ty Improvement Act of 2000 and can safely preliminary order providing the relief pre- fiscal year 2001 collected under section 60301 perform those activities. of this title; and scribed by paragraph (3)(B). Not later than 30 ‘‘(3) Disciplinary action taken by an oper- days after the date of notification of findings ‘‘(2) $30,000,000 for each of the fiscal years ator under paragraph (2) shall be in accord- 2002 and 2003 of which $23,000,000 is to be de- under this paragraph, either the person al- ance with the terms and conditions of any leged to have committed the violation or the rived from user fees for fiscal year 2002 and applicable collective bargaining agreement fiscal year 2003 collected under section 60301 complainant may file objections to the find- to the extent it is not inconsistent with the ings or preliminary order, or both, and re- of this title.’’. requirements of this section.’’. (b) GRANTS TO STATES.—Section 60125(c) is quest a hearing on the record. The filing of amended to read as follows: SEC. 15. PROTECTION OF EMPLOYEES PRO- such objections shall not operate to stay any VIDING PIPELINE SAFETY INFORMA- ‘‘(c) STATE GRANTS.—Not more than the reinstatement remedy contained in the pre- TION. following amounts may be appropriated to liminary order. Such hearings shall be con- (a) IN GENERAL.—Chapter 601 is amended the Secretary to carry out section 60107— ducted expeditiously. If a hearing is not re- by adding at the end the following: ‘‘(1) $17,000,000 for fiscal year 2001, of which quested in such 30-day period, the prelimi- $15,000,000 is to be derived from user fees for ‘‘§ 60129. Protection of employees providing nary order shall be deemed a final order that fiscal year 2001 collected under section 60301 pipeline safety information is not subject to judicial review. of this title; and ‘‘(a) DISCRIMINATION AGAINST PIPELINE EM- ‘‘(B) REQUIREMENTS.— ‘‘(2) $20,000,000 for the fiscal years 2002 and PLOYEES.—No pipeline operator or contractor ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— 2003 of which $18,000,000 is to be derived from or subcontractor of a pipeline may discharge The Secretary of Labor shall dismiss a com- user fees for fiscal year 2002 and fiscal year an employee or otherwise discriminate plaint filed under this subsection and shall 2003 collected under section 60301 of this against an employee with respect to com- not conduct an investigation otherwise re- title.’’. pensation, terms, conditions, or privileges of quired under subparagraph (A) unless the

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.041 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9553 complainant makes a prima facie showing retary of Labor. Review shall conform to of the Department’s assessment of fines and that any behavior described in paragraphs (1) chapter 7 of title 5, United States Code. The penalties on gas transmission and hazardous through (4) of subsection (a) was a contrib- commencement of proceedings under this liquid pipelines, including the cost of correc- uting factor in the unfavorable personnel ac- subparagraph shall not, unless ordered by tive actions required by the Department in tion alleged in the complaint. the court, operate as a stay of the order. lieu of fines, and, no later than 6 months ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— after the date of enactment of this Act, shall standing a finding by the Secretary that the An order of the Secretary of Labor with re- provide a report to the Senate Committee on complainant has made the showing required spect to which review could have been ob- Commerce, Science, and Transportation and under clause (i), no investigation otherwise tained under subparagraph (A) shall not be the House Committee on Transportation and required under subparagraph (A) shall be subject to judicial review in any criminal or Infrastructure on any findings and rec- conducted if the employer demonstrates, by other civil proceeding. ommendations for actions by the Secretary clear and convincing evidence, that the em- ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY or Congress to ensure the fines assessed are ployer would have taken the same unfavor- OF LABOR.—Whenever any person has failed an effective deterrent for reducing safety able personnel action in the absence of that to comply with an order issued under para- risks. behavior. graph (3), the Secretary of Labor may file a SEC. 18. STUDY OF RIGHTS-OF-WAY. ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- civil action in the United States district The Secretary of Transportation is author- RETARY.—The Secretary may determine that court for the district in which the violation ized to conduct a study on how best to pre- a violation of subsection (a) has occurred was found to occur to enforce such order. In serve environmental resources in conjunc- only if the complainant demonstrates that actions brought under this paragraph, the tion with maintaining pipeline rights-of- any behavior described in paragraphs (1) district courts shall have jurisdiction to way. The study shall recognize pipeline oper- through (4) of subsection (a) was a contrib- grant all appropriate relief, including, but ators’ regulatory obligations to maintain uting factor in the unfavorable personnel ac- not to be limited to, injunctive relief and rights-of-way and to protect public safety. tion alleged in the complaint. compensatory damages. The SPEAKER pro tempore. Pursu- ‘‘(iv) PROHIBITION.—Relief may not be or- ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— dered under subparagraph (A) if the em- ‘‘(A) COMMENCEMENT OF ACTION.—A person ant to the rule, the gentleman from ployer demonstrates by clear and convincing on whose behalf an order was issued under Pennsylvania (Mr. SHUSTER) and the evidence that the employer would have paragraph (3) may commence a civil action gentleman from Minnesota (Mr. OBER- taken the same unfavorable personnel action against the person to whom such order was STAR) each will control 20 minutes. in the absence of that behavior. issued to require compliance with such The Chair recognizes the gentleman ‘‘(3) FINAL ORDER.— order. The appropriate United States district from Pennsylvania (Mr. SHUSTER). ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT court shall have jurisdiction, without regard Mr. SHUSTER. Mr. Speaker, I yield AGREEMENTS.—Not later than 120 days after to the amount in controversy or the citizen- myself such time as I may consume. the date of conclusion of a hearing under ship of the parties, to enforce such order. Mr. Speaker, today we are consid- paragraph (2), the Secretary of Labor shall ‘‘(B) ATTORNEY FEES.—The court, in issuing issue a final order providing the relief pre- any final order under this paragraph, may ering a bill to save lives. This legisla- scribed by this paragraph or denying the award costs of litigation (including reason- tion is tough new pipeline safety legis- complaint. At any time before issuance of a able attorney and expert witness fees) to any lation that is going to significantly final order, a proceeding under this sub- party whenever the court determines such strengthen our Nation’s pipeline safety section may be terminated on the basis of a award costs is appropriate. laws. In the past year and a half, the settlement agreement entered into by the ‘‘(c) MANDAMUS.—Any nondiscretionary Nation has suffered two tragic pipeline Secretary of Labor, the complainant, and the duty imposed by this section shall be en- accidents. person alleged to have committed the viola- forceable in a mandamus proceeding brought This legislation reauthorizes our Na- tion. under section 1361 of title 28, United States tion’s pipeline safety program for 3 ‘‘(B) REMEDY.—If, in response to a com- Code. plaint filed under paragraph (1), the Sec- ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- years and makes a number of very im- retary of Labor determines that a violation LATIONS.—Subsection (a) shall not apply with portant, substantive changes to the of subsection (a) has occurred, the Secretary respect to an employee of a pipeline, con- pipeline safety statute. of Labor shall order the person who com- tractor or subcontractor who, acting without It reflects a year of intensive efforts mitted such violation to— direction from the pipeline contractor or by the Congress to bring a balanced ‘‘(i) take affirmative action to abate the subcontractor (or such person’s agent), delib- measure to the floor. The legislation violation; erately causes a violation of any require- we have before us passed the United ‘‘(ii) reinstate the complainant to his or ment relating to pipeline safety under this her former position together with the com- chapter or any other law of the United States Senate unanimously just a week pensation (including back pay) and restore States. or so ago by a vote of 99–0. the terms, conditions, and privileges associ- ‘‘(e) CONTRACTOR DEFINED.—In this section, It was supported by the White House, ated with his or her employment; and the term ‘contractor’ means a company that the Secretary of Transportation, the ‘‘(iii) provide compensatory damages to performs safety-sensitive functions by con- National Governors Association, even the complainant. tract for a pipeline.’’. the Mayor of Bellingham, Washington, If such an order is issued under this para- (b) CIVIL PENALTY.—Section 60122(a) is the site of one of the tragic accidents. graph, the Secretary of Labor, at the request amended by adding at the end the following: ‘‘(3) A person violating section 60129, or an Indeed, I would note this is very bi- of the complainant, shall assess against the order issued thereunder, is liable to the Gov- partisan. The Mayor of Bellingham person whom the order is issued a sum equal ernment for a civil penalty of not more than happens to be a Democrat; many of the to the aggregate amount of all costs and ex- $1,000 for each violation. The penalties pro- members of the Washington delegation penses (including attorney’s and expert wit- vided by paragraph (1) do not apply to a vio- ness fees) reasonably incurred, as determined are Republicans. This is not, and lation of section 60129 or an order issued by the Secretary of Labor, by the complain- should not be, a political issue. It is a thereunder.’’. ant for, or in connection with, the bringing bipartisan issue attempting to deal (c) CONFORMING AMENDMENT.—The chapter the complaint upon which the order was with safety and save lives. It is a good analysis for chapter 601 is amended by add- issued. ing at the end the following: bill, but it is not a perfect bill. It bal- ‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec- ances many competing concerns. retary of Labor finds that a complaint under ‘‘60129. Protection of employees providing pipeline safety information.’’. I know we are going to hear from my paragraph (1) is frivolous or has been colleagues on the other side of the brought in bad faith, the Secretary of Labor SEC. 16. STATE PIPELINE SAFETY ADVISORY may award to the prevailing employer a rea- COMMITTEES. aisle, some of them at least, who feel sonable attorney’s fee not exceeding $1,000. Within 90 days after receiving rec- that it does not go far enough. I happen ‘‘(4) REVIEW.— ommendations for improvements to pipeline to agree with them. ‘‘(A) APPEAL TO COURT OF APPEALS.—Any safety from an advisory committee ap- If I had my druthers, I would like to person adversely affected or aggrieved by an pointed by the Governor of any State, the have worked out a House bill that we order issued under paragraph (3) may obtain Secretary of Transportation shall respond in could bring to the floor, then pass it, review of the order in the United States writing to the committee setting forth what then go to conference with the Senate, Court of Appeals for the circuit in which the action, if any, the Secretary will take on those recommendations and the Secretary’s then negotiate a compromise, bring it violation, with respect to which the order back and bring back what I believe was issued, allegedly occurred or the circuit reasons for acting or not acting upon any of in which the complainant resided on the date the recommendations. could be an even better bill. of such violation. The petition for review SEC. 17. FINES AND PENALTIES. The problem, however, is we are run- must be filed not later than 60 days after the The Inspector General of the Department ning out of time; that simply is not date of issuance of the final order of the Sec- of Transportation shall conduct an analysis going to happen. The legislation that

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.041 pfrm01 PsN: H10PT1 H9554 CONGRESSIONAL RECORD — HOUSE October 10, 2000 we have before us today does indeed ad- Mr. OBERSTAR. Mr. Speaker, I yield from Congress to adopt regulations and dress all of the major issues debated myself 51⁄2 minutes. undertake the necessary studies and during the reauthorization effort on Mr. Speaker, on Tuesday, July 8, regulatory action. That office has the both sides of the Capitol. This legisla- 1986, a quiet neighborhood in Mounds lowest rate of any in the Department tion that we have before us today pro- View, Minnesota, at 4 a.m. was of Transportation of accepting NTSB vides for mandatory inspections. It re- wrenched from its slumber by a shat- recommendations. quires qualifications of pipeline per- tering explosion. A wall of fire roared The bill before us is not as they, the sonnel. through the street, turning the night industry, claim, a ‘‘tough’’ bill that It requires certification so we know into an inextinguishable nightmare. will promote pipeline safety. The Sen- that people are competent in looking The explosion of a pipeline carrying ate bill mandates nothing beyond the out for pipeline safety. It expands pub- unleaded gasoline killed a mother and current inadequate program of OPS. It lic access to information on pipeline her 7-year-old daughter, incinerated leaves it to the discretion of OPS operations, and it provides, very impor- them, and severely injured another whether to adopt stronger programs. tantly, a greater role for the States in woman who emerged from her home. That approach has not worked. oversight of interstate pipelines. Lawns were scorched, mailboxes This bill will be requirement 23 on It also provides for the ability to re- melted, power lines were down, cars set the Office of Pipeline Safety to adopt assign employees involved in incidents afire, the road buckled, and trees wilt- regulations. They have not done it 22 during the investigation of those inci- ed. A quarter of a million dollars of other times, what makes anyone think dents. It significantly increases pen- property damage was caused. The ori- they are going to do it now? alties and removes the penalty cap. It gin of it all: a ruptured hazardous liq- OPS has not issued a single final reg- provides whistle-blower protection, and uid pipeline carrying gasoline between ulation requiring inspections. Just a it significantly increases funding for St. Paul and Duluth. short time ago, in the absence of in- the pipeline safety program. It focused the attention of the Con- spection requirements, we had another It is a strong step in the direction of gress and of the country and the review tragedy. In Carlsbad, New Mexico, a 50- reducing risks and, indeed, reducing of the National Transportation Safety year-old pipeline exploded, killing 12 the awful possibility of losing lives. It Board and the General Accounting Of- people, 5 children. Inspections showed improves the current pipeline safety fice on the need to improve the safety that the pipeline had significant inter- program by several different move- of the Nation’s pipelines. nal corrosion. It had never been prop- ments, one of which is addressing criti- I was then chair of the Subcommittee erly inspected in 50 years. We cannot cisms which have been leveled by the on Investigations and Oversight and wait for OPS to do some more foot NTSB, the IG and GAO, and not only had been preparing for a hearing on dragging in the face of this industry by addressing those criticisms, but pro- pipeline safety when this tragedy oc- opposition to mandatory actions. There is a whole group of people that viding funding levels to effectively im- curred. We held those hearings. plement those tougher changes. Following the hearings, my then do not want this legislation and want There are going to be those who say partner on that subcommittee, Mr. this legislation strengthened. We have the bill does not go far enough. I hap- Clinger from Pennsylvania, and I made been told right from the very outset, pen to agree with that. I know the gen- we were in the process, I say to the recommendations for safety improve- tleman from Minnesota (Mr. OBER- gentleman from Pennsylvania (Chair- ments, including a substantial increase STAR), my dear friend, would like the man SHUSTER), we had reached a staff in pipeline inspections to detect prob- House to act. I agree with him. I would agreement, we had moved forward with lems before they lead to tragedy, bet- like the House to act also. The problem a bill, and then, the Senate, on Sep- ter information on pipelines for per- is we simply are running out of time. tember 7, passed their bill. sons who live near them, improvement And if we do not move this good legis- All of a sudden, we heard from the in the data submitted by the Office of lation, this safety legislation to save other body, you know the process over Pipeline Safety, improvements in ca- lives, there is not going to be any legis- here in the Senate. There is not enough thodic protection, automatic shut-off lation, because we are not going to time left. That was a month ago. We valves to detect problems and prevent have the time to pass a House bill and could have had a bill on the floor. We them from getting worse in suburban- go to conference and work out our dif- could have been in conference with the ized areas. ferences. Senate. We could even have some dis- The NTSB agreed and issued rec- cussions with the Senate and do better, b 1645 ommendations that the Office of Pipe- do better. There will not be any safety legisla- line Safety require operators to con- I resent the implication and the tion, and I think that would be regret- duct periodic internal inspection of statements made on the floor of the table. their lines. But nothing happened be- other body down the hall from here I think it is very important to note cause the administration at the time that people in this body, with indirect that Senator MURRAY from Washington did not want those recommendations reference to this Member, are objecting strongly supports the bill, Senator to go into effect. to this bill on political grounds. Bolo- BREAUX supports the bill, Senator My two Senate Republican colleagues gna. Anyone who knows me knows I MCCAIN supports the bill. This really from Minnesota introduced legislation stand for principle and for safety, and should have been an easy matter for that required 3-year inspections, every that is what this debate is all about. this body. The bill passed the Senate 3 years. Tough inspections. Mandatory Mr. SHUSTER. Mr. Speaker, I yield unanimously. It addresses a very seri- inspections. Established in legislation. myself such time as I may consume. ous pressing problem. That was reflected in our hearings. So Mr. Speaker, I want to say that I Unfortunately, some of my col- in 1992, Congress passed legislation re- agree with so very much of what the leagues on the other side of the aisle quiring OPS to set requirements for op- gentleman from Minnesota (Mr. OBER- apparently thought to politicize this erators to conduct internal inspections STAR) has said about the serious prob- issue and kill this legislation. I think by 1995. lems that have existed. If I could, I that would be regrettable because if we Today, 14 years after Mounds View, would wave a magic wand and get a bill kill the legislation, then we will not little progress has been made. The acci- through the House here that we could have improved pipeline safety. We will dent rate has not improved. In fact, it go to the Senate with and negotiate a not have provided the opportunity to is increasing by 4 percent a year rate of compromise, and I think we could have save lives. accidents in pipelines. Twenty-four a better product. Time is not on our So I say let us not let the perfect, percent of the gas pipelines in this side. which is unattainable, become the country are now more than 50 years So I believe we are faced with the re- enemy of the good. This is a good bill. old. The Office of Pipeline Safety has ality of we take this bill, which did, in- It is going to save lives. I urge my col- failed to step up to the plate and deal deed, pass the Senate unanimously, 99 leagues to support it. with the problem. to 0, or we simply will not get any safe- Mr. Speaker, I reserve the balance of The Office of Pipeline Safety has ty bill. I regret that, but I believe that my time. failed to comply with 22 directives is the reality of where we are.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.076 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9555 Mr. Speaker, I am pleased to yield 2 this bill that cannot be done under ex- Who does support the bill? Pipeline minutes to a distinguished gentleman isting law, and there is little in this companies and their trade organiza- from Louisiana (Mr. TAUZIN). bill that cannot be done by regulation tions. They are the only ones sup- Mr. TAUZIN. Mr. Speaker, the gen- at the Office of Pipeline Safety. It does porting the bill. Why? Because it is a tleman from Pennsylvania (Chairman little to correct the weakening that sweetheart deal, because it is not going SHUSTER) has said it best, of course we was done in the agreement which pro- to do anything. could do a better bill in the House. Of duced a bill which slipped through this My counsel to this House is based on course, if we have the time, we could House and through the Senate not long years of experience with OPS and with perhaps resolve all the problems in back and which resulted in significant pipeline safety and with the pipeline pipeline safety. But this Senate bill, weakening of the law with regard to companies, and that is reject the bill. passed by unanimous consent, is what pipeline safety. Nothing is going to happen other than we have. It is time that we did something the fact that we will save this House a It is a strong and effective bill. It meaningful in the area of pipeline safe- little bit of time, and we will enable us makes some very important steps in ty. The results of inaction by the Office to approach this bill in a more sensible favor of pipeline safety. It improves of Pipeline Safety, a very weak agency, way next year without the kind of, and expands the public’s right to know and by this Congress, are that there are quite frankly, disgrace that we con- about pipeline hazards. It requires more than 15 people dead in the last 18 front at this particular time. pipeline operators to test and inspect. months, including seven children under b 1700 It requires the operators to qualify and the age of 10. test their personnel. It requires spills The environment has suffered, too. In I would simply observe, no one is as small as 5 gallons to be reported. It the first 9 months of this year, prop- going to be hurt by rejecting a bill like significantly raises the penalties for erty and environmental damages from this, which does so little. Everyone will safety violations. It invests in new hazardous liquid pipeline accidents has be helped by passing a decent piece of technologies to improve pipeline safe- already surpassed that of any other full legislation. We can do that next year. ty. It provides protections for whistle year. Consumers have suffered from There is no need to make haste to pass blowers, an important part of this pipeline accidents on the Explorer this kind of an abomination. process. It increases State oversight pipeline in Texas and the Wolverine Mr. Speaker, I urge my colleagues, and local government input. Finally, it pipeline in my own State of Michigan. let us pass good legislation, let us increases funding for safety efforts. Those events helped drive the gasoline strengthen pipeline safety, let us see to Mr. Speaker, if one looked at a map price to as high as $2.50 a gallon in it that people are no longer killed by of my State, and my district in par- parts of the Midwest this summer. indifference and by poor legislation ticular, the third district in Louisiana, Inaction has hurt people. It has and by sweetheart deals cut which re- a map of pipelines across my district killed people. It has hurt the economy. sult in bad legislation coming to this and the State, it looks like spaghetti. It has raised gas and oil prices. There House, and by weak organizations like We are just absolutely covered with is no friend outside of this Chamber to the Office of Pipeline Safety, which pipelines that carry all sorts of haz- the legislation except the pipeline in- does not do the job it should do in pro- ardous and very important products for dustry. They are the only people that tecting the American people. America, oil, gas, liquids of all kinds. want this bill. They are the only people I urge the legislation be rejected. We Pipeline safety is incredibly impor- that do not know it is a sham, because can do a better job next year. Certainly tant to the people of my State. I will they know there is something in it for we cannot do a worse job next year. say again what the gentleman from them. Mr. SHUSTER. Mr. Speaker, I yield Pennsylvania (Chairman SHUSTER) has There is more inaction by OPS, there myself such time as I may consume. said, I think if we had the occasion to is more inaction by the Congress, and Mr. Speaker, when my good friend sit down in this Chamber and write a there is a weak law under which little, from Michigan, with whom I have better bill than this one, I think we if anything, is going to be done to take stood shoulder to shoulder in fighting could because this bill is not perfect care of the safety of the American peo- so many battles together, says that and could be improved. ple. this legislation, if I heard him cor- But what has been agreed upon by This legislation is opposed by orga- rectly, is only supported by the pipe- the Senate, it dramatically advances nized labor. The AFL-CIO, the Team- line industry, I have to refer to numer- pipeline safety. It is an incredibly im- sters, PACE, the transportation trades, ous other important people, I think, portant step in the right direction. For the building and construction trades, and organizations which indeed have us not to take this step this session the plumbers and the pipefitters all expressed their strong support for this would be a shame. It would be, I think, have sent letters urging Members to legislation. a disregard of our duty. This is the op- oppose this bill. Senator PATTY MURRAY, Democrat of portunity for us to improve pipeline The bill is also opposed by environ- Washington, who is intimately familiar safety across this country. We need to ment and public safety groups, includ- with the terrible problems, has come take that important step. We need to ing the League of Conservation Voters, out strongly for this legislation; Sen- pass this bill. the Environmental Defense Fund, the ator SLADE GORTON, a Republican of We will be back here next year. We Natural Resources Defense Council, Washington. So we have both the Re- can provide the oversight over the DOT Physicians for Social Responsibility, publican and the Democratic Senators and the other agencies to make sure Clean Water Action, U.S. PIRG, and representing the whole State, a State they carry out the intent of both this the National Pipeline Reform Coali- which has been so badly hurt in the act and other acts. I urge my col- tion. past, supporting the legislation. The leagues to pass this bill. Finally, and most importantly, the Secretary of Transportation, Rodney Mr. OBERSTAR. Mr. Speaker, I yield families of the Bellingham, Wash- Slater, who says this legislation is crit- 5 minutes to the gentleman from ington pipeline disaster oppose this ical to much-needed improvements in Michigan (Mr. DINGELL), the ranking legislation. They sent a letter to the pipeline safety program; Vice Presi- member of the Committee on Com- House of Representatives urging us to dent AL GORE, and I might get in trou- merce. vote against this sham safety legisla- ble with some of my colleagues over (Mr. DINGELL asked and was given tion. The bill, as initiated in the Sen- here for emphasizing this, but facts are permission to revise and extend his re- ate, was named after the two 5-year-old facts. Vice President GORE said, ‘‘I marks.) boys in Bellingham who were killed commend the Senate for taking action Mr. DINGELL. Mr. Speaker, I rise in last year. Those names were removed today on this important issue of pipe- opposition to this embarrassment that from the bill at the request of the par- line safety and I urge the House to is called a piece of legislation, S. 2438. ents of Wade King and Stephen take up this legislation soon.’’ It does nothing to add to the safety of Tsiorvas because, in their view, the The National Association of Regu- the American people or to ensure the legislation is so weak that it is unwor- latory Utility Commissioners. The Na- safety of pipelines. There is little in thy of being named after their sons. tional Governors’ Association, which

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.081 pfrm01 PsN: H10PT1 H9556 CONGRESSIONAL RECORD — HOUSE October 10, 2000 says, ‘‘On behalf of the national gov- reauthorization bill. I opposed these more than half of the Exxon Valdez release, ernors, we are writing to urge you to provisions then and support their re- and average spill size has been increasing support this legislation adopted by the peal now. Keeping that section on the since 1993 to over 44,000 gallons in 1999. Senate to improve oil and gas pipeline book’s allows for paralysis by analysis. LCV believes that legislation to address pipeline safety issues must include the fol- safety and to support prompt passage The pipeline companies just squeeze lowing three elements: of such legislation.’’ The newspaper in these smaller communities and indi- 1. Strong regulatory standards (including Bellingham, where the terrible tragedy vidual neighborhood groups to death pipeline testing type and frequency, leak de- occurred, says ‘‘Given where we are because they cannot get over this huge tection requirements, etc.), and effective en- now, the reforms provided by the Sen- procedural obstacle which is built into forcement of those standards; ate legislation are significant. We can- the existing piece of legislation. 2. Expanded liability for releases; and, not wait. The time is now for pipeline Secondly, the bill does not meaning- 3. Public accountability through right-to- fully address the Department of Trans- know reporting and establishment and fund- safety legislation.’’ ing of regional advisory councils (similar to And indeed, Senator PATTY MURRAY, portation’s failure to enact many of the councils in Alaska created by the Oil who has been in the forefront of sup- the proposed safety recommendations Pollution Act of 1990). porting this on the floor of the Senate issued by the National Transportation Several bills introduced in the House (H.R. said, ‘‘Well, some critics say we’ll start Safety Board. Here is what the Na- 3558, 4792, and 5361) contain some or all of again next year; we’ll do better next tional Transportation Safety Board, these critical pipeline safety provisions. In year. That means it will be at least a Chairman Jim Hall, said in the Boston addition, LCV believes it is essential to re- year. And how can we have so much Globe on March 5, 1999. He said that he move the cost-benefit provisions put into would give the Office of Pipeline Safety section 60102(b) of the pipeline statute during faith that we will get anything strong- its 1996 reauthorization, which are designed er or anything at all under a new Con- a big fat F, F, on everything that it has to prevent enactment of new safety and envi- gress and a new President?’’ And she done regarding the safety of pipelines ronmental protection regulations by requir- says, ‘‘Let me ask a simple question. in our country. ing those regulations to meet economic and Will you take that bet, if your family’s We are reauthorizing a bill with that judicial tests that no other federal agency’s safety depended upon it? I wouldn’t, kind of a grade being attached to it by standards must meet. and I don’t think we can shirk our re- the chairman of the National Transpor- We urge you to vote no on S. 2438 and to sponsibility to protect the public this tation Safety Board? And moreover, pass a bill that is more protective of the en- the bill itself rejects the amendment vironment and the public’s health. LCV’s Po- year.’’ litical Advisory Committee will consider in- I find myself in a bit of an incon- which I tried to make in committee cluding votes on these votes on these issues gruous position in defending, in the which would have held the Depart- in compiling LCV’s 2000 Scorecard: If you midst of this heated political cam- ment’s feet to the fire so they had need more information, please call Betsy paign, the Clinton administration, de- deadlines that they had to meet in Loyless in my office at 202/785–8683. fending a Democratic administration order to ensure there was public safety. Sincerely, who says we should pass this because it Who opposes this bill? I will tell my DEB CALLAHAN, is so critical. And again, I emphasize colleagues who opposes it. The Envi- President. we could have done a better job here in ronmental Defense Fund, the National Mr. SHUSTER. Mr. Speaker, I yield 5 the House if we had had the time. But Resources Defense Council, and the minutes to the gentleman from Texas that simply is not the reality that we League of Conservation Voters. In fact, (Mr. BARTON). face, and so we should settle for a good the League of Conservation Voters is (Mr. BARTON of Texas asked and piece of legislation, one which we in- going to make this one of the votes for was given permission to revise and ex- deed could have made better, but given the year to get our grade. That is how tend his remarks.) the time, it is either this or nothing. important it is to them. Mr. BARTON of Texas. Mr. Speaker, And, indeed, if we want to bring up So, please, reject this and do the I thank the gentleman from Pennsyl- something next year to improve it fur- House of Representatives the honor of vania (Mr. SHUSTER), the distinguished ther, we can certainly do that; but let being allowed to deal with the subject chairman of the Committee on Trans- us not continue to jeopardize the lives itself and not allowing the Senate to do portation and Infrastructure, for yield- of American people, and in many cases our thinking for us. ing me this time. young children, by doing nothing this Mr. Speaker, submitted, as follows, Mr. Speaker, I am a little bit puzzled year. for the RECORD, is a letter from the at some of the opposition from the Mr. Speaker, I reserve the balance of League of Conservation Voters regard- other side on this issue. My sub- my time. ing this matter: committee held hearings on this legis- Mr. OBERSTAR. Mr. Speaker, I yield LEAGUE OF CONSERVATION VOTERS, lation last year. My subcommittee 2 minutes to the gentleman from Mas- Washington, October 6, 2000. passed the bill, I think, by unanimous sachusetts (Mr. MARKEY). Re Oppose S. 2438, The Pipeline Safety Im- consent out of the subcommittee. We Mr. MARKEY. Mr. Speaker, I thank provement Act of 2000 passed a piece of legislation on this the gentleman for yielding me this U.S. House of Representatives, issue either by unanimous consent or time. He is noted for his generosity, Washington, DC. with very few no votes out of the full and once again that is being exempli- DEAR REPRESENTATIVE: The League of Con- Committee on Commerce, over a year servation Voters (LCV) is the bipartisan, po- ago. That legislation has languished as fied here by his activities on the floor. litical voice of the national environmental This is really a sad day when we are community. Each year, LCV publishes the the Senate has worked its will on this listening to Members of the House of National Environmental Scoreboard, which same issue. Representatives tell every other Mem- details the voting records of Members of And now, as we are in the waning ber that we should not have any judg- Congress on environmental legislation. The weeks of this Congress, the Senate has ment on a piece of legislation; we Scoreboard is distributed to LCV members, reported a bill that, quite frankly, is should just listen to the Senate. concerned voters nationwide, and the press. much stronger than the bill that came Now, the gentleman from Pennsyl- LCV urges you to oppose S. 2438, the ‘‘Pipe- out of the Committee on Commerce. line Safety Improvement Act of 2000.’’ S. 2438 Our bill was a straight reauthorization vania would never, under any cir- does not contain any of the elements that cumstances, have the Senate make are needed to significantly improve the safe- of the existing pipeline safety law with every decision about every highway, ty of natural gas and oil pipelines. some modifications. At the time of our every dam, every railroad in the United According to the General Accounting Of- hearings and the time of the debate in States. But he is out here today telling fice, approximately four major pipeline acci- the committee, the Committee on us that for pipeline safety, these pipes dents occur each week. The GAO also found Commerce, there were some concerns that go past homes and playgrounds all that major accidents are increasing by ap- raised. The gentleman from Massachu- proximately 4% annually at the same time setts (Mr. MARKEY), who just spoke, over the United States, that we should that DOT’s Office of Pipeline Safety’s fines listen to the Senate. Since when did against the industry are declining: cur- raised some concerns; but basically, at they become so wise? rently, only one in 25 violators receives a that point in time last year, it was felt The bill before us fails to repeal the proposed fine. Oil pipelines spill over 6 mil- that straight reauthorization with cost-benefit provision put into the 1996 lion gallons annually, an amount equal to some modification was acceptable.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.084 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9557 Now, what the other body has done is a rule, and we bring it out under reg- ards, and expanding the role of the States and to actually present a much tougher bill ular order, have a debate and vote it the public to ensure the safe operation of in terms of safety. In fact, I think I where it only needs a majority. But we pipelines. I strongly urge my colleagues to could say with a straight face on the felt like this was a strong enough piece support S. 2438. floor that this is the toughest pipeline of legislation that it could be put on Mr. OBERSTAR. Mr. Speaker, I yield safety bill to ever come before the the suspension calendar. 1 minute to the gentleman from New House of Representatives. It increases And, quite frankly, I thought it was Jersey (Mr. PASCRELL). fines in some cases by a factor of 20. It noncontroversial enough to be put on Mr. PASCRELL. Mr. Speaker, this is reduces the reporting requirements for the suspension calendar. So I am a lit- an insult to our intelligence. Let us liquid spills to 5 gallons. It increases tle bit surprised about some of the put our cards on the table; let us say it dramatically the rights of local offi- statements that have been made so far the way it is. This legislation that we cials, safety agencies, and community on this particular bill. have just received from the Senate re- residents to have access to important Mr. Speaker, I rise in support of S. 2438, quires no periodic inspections. It re- safety information from pipelines. It the Pipeline Safety Improvement Act of 2000. quires zilch. provides for a much expanded R&D pro- This legislation greatly improves the safe oper- Number two, the people who do the gram to improve pipeline safety tech- ation of natural gas, oil, and hazardous liquid inspections do not even have to be nology. It provides, for the first time, pipelines and goes far to prevent future acci- trained. Now, who are we kidding? Who whistle-blower protection for pipeline dents. are we really kidding on this legisla- employees who wish to come forward The bill requires higher safety standards, al- tion? This is a disgrace. and report possible safety or other lows a greater role for State participation, pro- There are 2.2 million miles of pipe- types of violations. vides for strict accountability by the Depart- line in this country. And if my col- Mr. Speaker, I could go on and on. I ment of Transportation to Congress, and al- leagues think this is going to help us, might add in the political context that lows increased public education and participa- other than helping the pipeline compa- the Clinton-Gore administration sup- tion. It provides long term solutions for public nies, they are dead wrong and others ported passage of this bill when it came safety by appropriating funds for Research are dead in the past 10 years. out of the other body. The Democrat and Development for innovative technologies My colleagues have heard the statis- Senators from some of the States that for improving the structural integrity of pipe- tics. This is an insult that my col- have pipeline accidents in New Mexico lines and preventing accidents. And, it backs leagues would think that this is pipe- and Washington State supported this up these higher safety standards by sharply line safety. Who are my colleagues bill when it was on the other body’s raising penalties for safety violators. doing their bidding for? floor. The recent accidents in Bellingham, Wash- I have always stood up here with con- So it comes over to us. Now, in a per- ington and New Mexico have made us all geniality, but if my colleagues think fect world, we would like to have the aware that higher safety standards and addi- this is going to help pipeline safety Committee on Transportation and In- tional oversight authority benefit all of us. This when these pipelines go into people’s frastructure pass a bill, then go to the legislation answers the concerns raised by houses and through dormitories, do my Committee on Rules and merge the those accidents. It requires the Department of colleagues know what we are now lead- Committee on Commerce bill and the Transportation to issue rules and for pipeline ing to? We are leading to a moratorium Committee on Transportation and In- operators to develop programs that provide on pipelines until we get our own act frastructure bill, then come to the for: increased inspection of pipelines; in- together, and I do not care who sup- floor and have a debate with some creased maintenance; public input into the de- ports it. We should vote this down. amendments. But we are late in the velopment of these programs; strengthened b 1715 session, so we have put the Senate bill training for pipeline employees; improved data on the floor under suspension of the collection about pipelines and about accidents; Mr. OBERSTAR. Mr. Speaker, I yield rules, which means it will take a two- public education programs; availability of infor- 2 minutes to the gentleman from Wash- thirds vote to pass this legislation mation to the public; greater emergency pre- ington (Mr. INSLEE). later this evening. paredness; an expanded State role in over- (Mr. INSLEE asked and was given I think we should be able to get a sight, inspection, and investigation of interstate permission to revise and extend his re- two-thirds vote. And if there are those pipelines; and protection for employees that marks.) that, for whatever reason, think that report safety violations. In addition, the legisla- Mr. INSLEE. Mr. Speaker, I rise to the Senate bill is imperfect, we can ob- tion requires inspection reports, maps of pipe- urge a no vote. viously come back to this legislation line facilities, and other data to be available to And that is not out of disrespect to in the next Congress and, depending on the public. It raises public awareness by re- the work done by Senators MCCAIN and which political party is in control, ob- quiring a public education program. Many of MURRAY in the other Chamber in an at- viously reopen it and make further im- these programs have deadlines and require tempt to advance this cause. But, Mr. provements, if that is necessary. But the Secretary of Transportation to report back Speaker, the majority leadership has the decision today is do we pass the to Congress on the progress of these pro- not brought one single House bill on Senate bill. My judgment as sub- grams within a certain period of time. And, as this issue to the floor of this House committee chairman that has jurisdic- I stated earlier, penalties have been in- this session despite multiple tragedies tion on this issue is that the Senate creased, in one instance from 25 thousand in multiple States of this country, not bill is an improvement over current dollars to five hundred thousand dollars. one single bill. law, that it needs to be passed. We know that it is essential to have public And why is that important? It is im- We should get the two-thirds vote. I support for maintaining the safe operation of portant because, unless we have a have gone through the summary of the pipelines. That is why a ``whistleblower'' pro- strong mandate that pipelines be in- Senate legislation. I have looked at all tection provision is included in this bill. Other spected, a stronger mandate than is in of the analysis of the Senate legisla- bills do not have these protections for good the Senate bill, we will be committing tion. I could quote some of the support citizens and employees. This legislation also the very same blunder, the very same groups that are supporting it. In addi- brings in the expertsÐit provides for the Na- blunder that Congress has made for 20 tion to the Clinton-Gore administra- tional Academy of Sciences to advise the Sec- years running. They have deferred to tion, the National Governors’ Con- retary of Transportation on Research and De- OPS to pass rules 22 times, and 22 ference is supporting this legislation. velopment for innovative technologies to im- times that has been ignored. The House So it is a good piece of legislation. prove the safety, reliability, and structural in- bills that we want to vote on a simple I would hope that our colleagues, tegrity of pipelines, and inspection and leak chance to vote plug that gigantic hole. when we come to the floor later this detection technology. Research and Develop- Now, there is one thing I know. I am evening, do pass this by a two-thirds ment is also focused on minimizing the envi- not a scientist. I am not a meteorolo- vote so that we can send it on its way. ronmental impact of pipelines. gist. I am not a hydrologist. But there If for some reason that fails, I would In sum, this legislation greatly advances the is one thing I know, and that is that recommend to the leadership that we ultimate goal of preventing future accidents by nobody has ever gotten a different re- go to the Committee on Rules, we get requiring and enforcing stricter safety stand- sult by doing the same thing.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.087 pfrm01 PsN: H10PT1 H9558 CONGRESSIONAL RECORD — HOUSE October 10, 2000 We must break this chain of failure and I introduced, ‘‘I urge the House is to be pumped through a 50-year-old and statutorily mandate inspections or leadership and its members to act line not designed for gasoline located commit the same blunder that every quickly to pass comprehensive pipeline within a few feet of 11 public schools Congress has made late in the session safety legislation and move to a con- and across a major source of drinking saying, it is the best we can do. It is ference with the Senate.’’ water, the term ‘‘pipeline safety’’ is a not the best we can do, and it is not up There is no statement of administra- conflict. It is an oxymoron. to American standards. tion support for this legislation. Despite over thousands of Central I am not alone in this opinion. The Mr. Speaker, I yield 2 minutes to the Texans asking that they place the pipe- people with moral authority on this gentleman from Washington (Mr. line somewhere else, the Office of Pipe- subject, the three families who sent METCALF.) line Safety has been totally useless. their young men out on a nice day in (Mr. METCALF asked and was given Frank King, for whose son this bill Bellingham in June last year whose permission to revise and extend his re- has been named, came all the way from sons never came home, want us to de- marks.) Washington State to Austin, Texas, to feat this bill and move on to a stronger Mr. METCALF. Mr. Speaker, I rise to meet with us to describe the horror bill. oppose this bill because it is far, far too that can develop when pipeline safety Now, the oil and gas industry des- weak. is neglected and pipelines are perately wants this legislation. They Pipeline safety has been one of my top pri- mislocated. This bill does his family have sent armies of lobbyists up here orities in this, my last term in the House. In a absolutely no justice. It has been so to try to get this bill through. But I am way, it is gratifying to see a bill debated on the weakened that it has even been blessed not voting for them. I am not voting floor today which addresses some of the most by the giant oil companies that are with them. I am voting for the fami- important safety issues facing our commu- trying to impose the Longhorn pipeline lies. I am voting for Redmond and nities. The two Senators from my state, SLADE on Central Texas neighborhoods. Kirkland. I am voting for the environ- GORTON and PATTY MURRAY, fought tirelessly We need a real pipeline safety bill, mental community. I am voting for my for pipeline safety in the other body and not a legislative illusion that does conviction of conscience that we must moved legislation forward which markedly im- more to appease special interests than enact a strong bill now or forever lose proves current law in several key areas, in- protect America’s families. Reject this our chance until another string of trag- cluding expanded right-to-know provisions, in- illusion tonight. edies occur. creased civil penalties for bad actors, and Mr. OBERSTAR. Mr. Speaker, I yield I will say one more thing. The oil and whistleblower protections. I am extremely 1 minute to the gentleman from Massa- gas pipeline industry understands pres- grateful to them both for their sincere efforts. chusetts (Mr. TIERNEY). sure. Do not let them use this for a re- Unfortunately, I cannot support the bill we Mr. TIERNEY. Mr. Speaker, I thank lief valve. Keep the pressure on and will vote on today. At the end of the day, it still the ranking member for yielding me pass a strong bill. leaves far too much discretion in the hands of the time. Mr. SHUSTER. Mr. Speaker, I yield 1 the Office of Pipeline Safety (OPS), an agency This Senate bill that is being pro- minute to the gentleman from Texas which has habitually ignored Congressional di- posed here today under the suspension (Mr. BARTON). rules falls very far short of the nec- Mr. BARTON of Texas. Mr. Speaker, rectives and National Transportation Safety essary protections that we need. And I thank the gentleman for yielding me Board recommendations. For example: as part while some have said that this is a step the time. of this bill, pipeline operators are required to Mr. Speaker, I want to point out once submit Integrity Management Plans to OPS in the right direction and some have again, the Clinton-Gore administration which include periodic testing of their pipe- even told us that we should not let the supports passage of this bill. It passed lines. There is no maximum period for fre- perfect be the enemy of the good, when the Senate by unanimous consent, quency of inspections. Similar vagueness ex- is it that this House started letting which, if I understand correctly, there ists in the section dealing with employee train- only the passably good be the enemy of are 45 Democrat Senators in the other ing. In 1996, I voted against the last pipeline the best that we can do? body. So this should not be a partisan reauthorization bill because it removed the re- I agree with the gentleman from issue. quirement that pipeline operators be certified Texas (Mr. BARTON), we can do better I want to briefly read from the report as qualified to do their jobs. This bill does not and we should do better. And if we need that the gentleman from Michigan (Mr. reinstate that requirement. to bring it to committee and allow it DINGELL) asked the GAO to do on pipe- Further, the language allows the states to to come out under a regular rule so line safety. On page 5, in the summary take a more active role in pipeline safety regu- that we can put amendments to it, let section, it says, ‘‘The office,’’ meaning lation is weak, and in no way resembles my us do it. But this bill as it came out of the office that is responsible for over- legislation, which is based on the model of the the Senate is too inadequate. It needs seeing pipeline safety, ‘‘has histori- Clean Water Act. I fear that much of this bill to be amended. We need to have inspec- cally had the lowest rate of implemen- could end up meaning nothing at all. We need tions. We need to have training for tation for these recommendations of to enact a law that leaves very little wiggle workers so that they can do the right any Transportation agency and has not room to Federal regulators who have proven job on that for their own good and for implemented 22 statutory require- that they cannot be trusted to protect the pub- the good of the public. ments, 12 of which date from 1992 or lic. This is a bill that needs sorely to be earlier.’’ Proponents of this legislation admit that it is corrected and to be improved. I ask Now, the law that is before us is far from perfect. In fact, the strongest argu- that we do that in the right process, stronger than the current law. And the ment they make for its passage is that time is that we not settle here. There is noth- Clinton-Gore administration has not too short to pass something better. It may well ing going to be accomplished by letting implemented the current law. be true that defeat of this bill means the death this pass in its present form. We can do For my friends on the other side of of pipeline legislation in this Congress. I am much better. We can do much for many the aisle that have concerns, legiti- retiring at the end of this year, and would love more people if we do the right thing mate concerns, direct those to the to see a strong bill passed before I leave of- and bring it back, let us amend it, let present administration. Help us pass fice. However, I would rather see Congress go us make it a strong bill. Let us have this bill and then get it implemented. back to the drawing board next year than pass safety in the pipelines. Mr. OBERSTAR. Mr. Speaker, I yield this watered-down bill. I will vote against it, Mr. OBERSTAR. Mr. Speaker, I yield myself 15 seconds. and would urge my colleagues to do the myself the balance of the time. Mr. Speaker, on October 3 the White same. Mr. Speaker, I just want to repeat House issued this statement: It is im- Mr. OBERSTAR. Mr. Speaker, I yield the words of Marlene Robinson, mother perative that the House bring legisla- 1 minute to the gentleman from Texas of Liam Wood, whose life was lost in tion to the floor as soon as possible so (Mr. DOGGETT). the Billingham pipeline tragedy. a new pipeline safety law that can be Mr. DOGGETT. Mr. Speaker, pipe- He was 18 years old. He had just grad- enacted before the end of the year. lines are certainly important in sup- uated from high school 5 days before. The Secretary of Transportation plying our Nation’s energy needs. But He did not go off on a party with his said, referring to the bill Mr. DINGELL in Travis County, Texas, when gasoline buddies. He went off fly fishing, the

VerDate 02-OCT-2000 06:11 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.089 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9559 thing she said that made him happiest, unanimously in favor of that weaker I am proud to join my colleagues 5 minutes from downtown. What he did legislation which came out of their Representative INSLEE and Representa- not know was that a gas pipeline went committee just a year ago. tive PASCRELL (PALLONE, BAIRD, SMITH, through that area. A wall of fumes So this indeed is stronger legislation, DICKS, MCDERMOTT are also sponsors) roared down that canyon and snuffed not as strong as I would like it to be. in sponsoring the ‘‘Comprehensive his life out, and then it exploded and And if we had more time, my col- Pipeline Safety Improvement Act of incinerated two other children further leagues can bet we would be attempt- 2000’’ (HR 4792) that will make these on down. ing to negotiate with the Senate an protections mandatory. That is what this is all about. Do not even better bill. Time is running out in this Congress tell me this is about the good and the But the stark choice today is to live to provide these protections. We need perfect. Do not tell me this is about with the weak law we have or to accept to act now. For all these reasons, I will the other body that will not give us the improvements passed by the Senate be opposing this bill today. I urge my time to consider the bill. not overwhelmingly, that is not an colleagues to defeat S. 2438 so that we They passed their bill a month ago. adequate term, unanimously, 99–0, with can bring up real, strong, pipeline safe- We had a month to do something 45 Democrats supporting the legisla- ty legislation. whether in committee or on this floor. tion. Ms. EDDIE BERNICE JOHNSON of We had a month to do something good So it clearly is bipartisan. It is a Texas. Mr. Speaker, I rise in reluctant for life. major step in the right direction. I opposition to S. 2438, the Pipeline Safe- And what Marlene Robinson said was would be happy to join with my friends ty Improvement Act of 2000. that this bill does not do the job. If the next year if we are here to try to im- All too often, Members of this body Office of Pipeline Safety will not pro- prove it further. But let us pass legisla- are faced with the unpleasant task of tect the health and safety of our chil- tion which is going to save lives rather choosing between doing nothing at all dren in the community, she said, then than defer that until another year. or doing something that is inadequate. our lawmakers must. And so, I strongly urge that this leg- I will readily admit that S. 2438 is an She referred to this bill and said it is islation be passed. improvement over the current pipeline fatally weakened by effects of intense Mr. Speaker, I submit this Joint Explanatory safety regime. However, this Congress pressure from the pipeline industry. It Statement for the gentleman from Virginia could have done so much more, and I is lives at stake. It is not political ca- (Chairman BLILEY) and myself. believe that doing the inadequate reers. It is not who is in charge. It is S. 2438 requires the Secretary of Transpor- would be a grave injustice to those who not who is the majority this year, who tation to implement the safety improvement lost their lives in recent pipeline acci- may be the majority next year. It is recommendations provided for in the Depart- dents and to the loved ones they left what we can do now. ment of Transportation Inspector General’s behind. We will be judged on whether we have Report. In addition, the legislation requires Proponents of S. 2438 tacitly admit the Secretary of Transportation to submit made the pile higher and better and reports on the implementation of those rec- that there bill does not do enough to left a better legacy. We can do better ommendations to the Committee on Com- improve pipeline safety standards and than this bill. We can do something merce, Science, and Transportation of the enforcement. They instead urge that that we have been waiting 13 years to Senate and the Committee on Transpor- we pass this bill because Congress sim- do, at least this gentleman has since tation and Infrastructure of the House of ply does not have enough time to work the last hearings that I chaired on the Representatives. The Committee on Com- on a stronger bill. The reality is that subject and found in a Republican ad- merce of the House of Representatives also the House had plenty of time to con- ministration failure of this Office of shares responsibility for pipeline safety leg- sider how to improve on the Senate islation. Therefore, in addition to the above- Pipeline Safety to do its job, in a mentioned Committees, the Secretary of bill. Furthermore, even before we re- Democratic administration failure of Transportation should also transmit such re- ceived the Senate bill, staff on the the same office to do its job. ports to the Committee on Commerce of the communities with jurisdiction over the It is up to the Congress, as Mrs. Rob- House of Representatives. bill were negotiating in good faith to inson said, it is up to us to draw the Mr. HOLT. Mr. Speaker, this nation reach a compromise to incorporate the line, to protect communities, and to has 157,000 miles of aging pipeline. The key provisions of several bills intro- pass a bill that ensures safety for all of fact is that pipelines transport most of duced in the House. The failure of the our children. the natural gas and hazardous liquids House to act on true reform measures This is the hour of truth. in the United States. to improve pipeline safety merely Mr. SHUSTER. Mr. Speaker, I yield In many places, pipelines go unno- epitomes this Congress’ failure to myself the balance of the time. ticed. Sometimes people don’t even enact a whole host of legislation to im- Mr. Speaker, I would indeed point know that there is a pipeline near their prove the health and safety of ordinary out that the complaints which my good home. Americans. friend has alluded to and which I agree However, in places like Lively, It is still not too late to pass a strong with really are complaints about the Texas; Mounds View, Minnesota; Bel- pipeline safety bill before the 106th Clinton-Gore administration for not lingham, Washington; and Edison, New Congress adjourns. Representatives enforcing the law and not being tough Jersey, just north of my district, pipe- OBERSTAR and DINGELL recently intro- enough with their regulations. And in- lines are no longer taken for granted. duced H.R. 5361, a bill that includes deed that is what we are trying to fix Explosions have rocked these commu- necessary provisions pertaining to ac- here. nities and taken innocent lives. countability to the public, stronger In fact, I hear so much about the We need to ensure accidents like safety standards, and more diligent en- pipeline industry being for this, if we these will never happen again. We need forcement. Now that the bill has failed really wanted to help the pipeline in- stronger pipeline standards. to obtain the requisite two-thirds sup- dustry, we would bottle up this legisla- There must be statutorily required port to pass under suspension of the tion and not pass anything so there inspections at least once every five rules, I hope that S. 2438 will be recon- would be weaker than the weak current years. sidered under regular order, thereby legislation on the books. Instead, we There must be a national safety cer- enabling the House to consider H.R. provide what is clearly stronger legis- tification program for pipeline opera- 5361 as an amendment in the nature of lation. tors, like programs for railroad engi- a substitute. Now, a year ago our good friends on neers or FAA mechanics. Mr. Speaker, it is still not too late to the Committee on Commerce passed And we need penalties for spills oc- act on pipeline safety. I urge the House legislation on pipeline safety with vir- curring on land to be made as stringent to pass H.R. 5361 or similar legislation. tually no substantive change in it and as existing penalties for spills occur- Mr. MCDERMOTT. Mr. Speaker, I the very gentlemen, my good friends ring in water under the Clean Water rise in opposition to S. 2438, the Senate from the Committee on Commerce, Act. pipeline bill in its current form. Pipe- who have taken the floor today to op- S. 2438 does not ensure that these line safety is an issue of great impor- pose this stronger legislation voted protections are provided. tance, and one that hits very close to

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.094 pfrm01 PsN: H10PT1 H9560 CONGRESSIONAL RECORD — HOUSE October 10, 2000 home for those of us in the Pacific that passed the Senate was so watered down this country or we will face the prospect of Northwest, a pipeline explosion in Bel- by those who pay homage to the powerful oil having to bore underground to replace this es- lingham, Washington on June 10, 1999 and gas lobbyists, that in reality it would sential part of our infrastructure. It is important killed three children. This and other change very little. The Senate pipeline bill leaves almost all to clarify that cable suspension pipeline recent tragedies have highlighted the decisions on critical matters, such as pipe- bridges have unique qualifications in addition need for strengthening federal pipeline line testing, pipeline leak detection, em- to other pipelines that must be addressed to safety laws; that is why I cosponsored ployee training, public involvement and ensure safety through regular maintenance H.R. 5361. Unfortunately, the bill that fines, up to the discretion of the federal Of- and inspection. provides the greatest protection for fice of Pipeline Safety (OPS). According to Pipeline safety legislation under consider- workers and their families did not the General Accounting Office, OPS has failed to implement 22 legislative mandates ation today requires that the operators and in- make it to the floor of the House. Since spectors be properly trained to inspect all the House Leadership has scheduled a Congress has passed since 1988. If you tell an agency to do something 22 times and they ig- pipeline facilities. It is imperative that the in- vote on S. 2438 under suspension of the nore you, by what logic do you think they spectors of these pipelines possess special- rules, and no amendments may be of- will pay attention the 23rd time? ized knowledge to properly determine the fered for its improvement, I must vote After a terrible pipeline explosion killed a structural integrity and soundness of the cable against it. mother and her daughter in Mounds View, suspension bridge that supports the pipeline S. 2438 fails to adequately protect our Minn., in 1986, the industry and the OPS said as well as the pipeline itself. Such knowledge communities because the federal Office they would develop new standards to ensure safety. They did not. After a huge pipeline should include an understanding of and train- of Pipeline Safety (OPS) would not be ing in: steel fabrication, structural engineering required to take action on such critical explosion destroyed part of Edison, N.J., in 1994, the industry and OPS said they would fundamentals, pipeline behavior under oper- matters as pipeline inspection, leak de- develop new standards to ensure safety. They ating pressure, the characteristics of all cable tection, worker protection and train- did not! types used in suspension bridges, and the ing, and fines. This is in stark contrast After three dead here in Bellingham, and characteristics of reinforced concrete founda- to the mandatory requirements that now 12 more dead in New Mexico, guess what tion structures. are included in H.R. 5361. The pipeline the industry and OPS are saying. Why should industry has succeeded in circum- we trust them this time? Ask yourself why It will be required through this bill that the venting meaningful regulation for dec- pipeline-safety organizations across the Office of Pipeline Safety's technical experts, in ades because of weak legislation. Pass- country are opposed to the Senate pipeline conjunction with the industry, develop specific bill, while the pipeline industry is now try- plans to ensure the integrity and safety of all ing S. 2438 would send yet another mes- ing to push for its passage. sage to OPS that the industry can con- pipelines. These regulations will ensure that all For a pipeline bill to have real meaning, it pipelines, including cable suspension pipeline tinue to do so. has to take the discretion away from the in- Critics of the stronger House legisla- dustry-controlled Office of Pipeline Safety. bridges, are properly maintained and in- tion say it has no chance of passing It has to spell out clearly how often pipelines spected to ensure the highest safety stand- during this Congress, therefore, we need to be tested, and how that testing is to ards possible. must support the weaker Senate be accomplished. It has to set strict pen- Mr. GREEN of Texas. Mr. Speaker, I am version—something is better than alties for companies that do not pay enough pleased today to rise in support of S. 2438, nothing. I disagree, once pipeline safe- attention to their pipelines. It has to include the Pipeline Safety Improvement Act of 2000. strong local oversight of pipeline safety so ty legislation is passed, the urgency to those who have the most to lose it some- This legislation will provide tough new financial revisit the issue will diminish. At least thing goes wrong have a say in making sure penalties for safety violations and will lower until another deadly explosion. that pipelines are safe. And it needs to en- the spill reporting threshold to five gallons as Mr. Speaker, I submit the following sure that the public can review a wide range opposed to 50 barrels under existing law. In Seattle Times op-ed into the RECORD. of information regarding the pipeline that addition, the bill requires pipeline companies It is written by the parents of the three runs through their communities. to implement stronger training and qualifica- children killed in the Bellingham, These requirements all made common tions requirements for their personnel and Washington pipeline explosion and sense, practical sense, and represent what a strengthens the public ``right to know'' and good pipeline safety bill would do. The Sen- calls for Congress to pass the stronger ate bill does not accomplish any of these, ``whistle-blower'' protections for pipeline com- House legislation. and we call on the members of the House to pany employees. [From the Seattle Times, Editorials & do what it takes to pass a stronger ball that Each of these changes is designed to re- Opinion, Fri., Oct. 06, 2000] secures the public true safety improvements. build confidence in what has been one of the PIPELINE SAFETY: DON’T SACRIFICE THE GOOD Those who are advocating our acceptance safest industries in the country. Unfortunately, of the inadequate Senate bill urge us not to FOR THE STATUS QUO no industry is perfect and the need for this (By Marlene Robinson and Bruce Brabec, ‘‘sacrifice the good for the perfect.’’ But the reality is that the Senate bill is a long way legislation was highlighted by two recent pipe- Frank and Mary King, Katherine Dalen line explosions in Washington State and New and Edwin Williams Special to The Times) from ‘‘good’’ and will result in business as usual in an industry that enjoyed a net prof- Mexico. These two events have galvanized my We are the parents who lost children when it of 40 percent in 1999, while communities the Olympic pipeline exploded on June 10, belief that S. 2438 will move towards improv- across the nation will continue to experience 1999. As we struggled with our own loss, we ing the industry safety record. horrific failures of aging pipelines. also have struggled to give meaning to that How many more sons and daughters will be Although I would still like to include other loss by trying to make pipelines safer in this lost before meaningful pipeline-safety reform public safety protections, I understand the country. To our sadness and despair, before is passed? We do not want to wait until next need for a pipeline safety bill this year is clear. we were able to see meaningful pipeline re- year, but we will if we must. I look forward to continuing working with my form occur, tragedy struck again with a Fortunately, good pipeline-safety bills pipeline explosion that killed 12 family mem- colleagues on the Committee on Commerce have already been drafted and introduced in bers in New Mexico. that I serve on but also in the Committee on The Washington state delegation to Con- the House. The House needs to pass one Transportation and Infrastructure if necessary gress, led by Reps. Jay Inslee and Jack promptly, and the Senate needs to follow the to move even stronger legislation next year. House’s lead and not sacrifice the good for Metcalf, and Sens. Slade Gorton and Patty Pipelines have been shown to be a much Murray, have done a wonderful job of push- the status quo. The authors are parents of the three young safer way to transport products than trucks or ing pipeline safety into the consciousness of other methods and the current bill increases Washington, D.C. Without their efforts, people killed in the Bellingham pipeline dis- there would not now be a debate regarding aster. that safety factor. whether to pass the weak bill that the Sen- Mr. SHOWS. Mr. Speaker, pipeline safety is I also want to point out what I believe ate approved, or to wait for a real, meaning- of great importance to environmentally sen- should be the model pipeline in terms of safe- ful bill from the House. For their efforts, we sitive areas. Some of the most environ- ty. I, along with several of my Texas col- thank them. mentally sensitive pipeline facilities are cable leagues, have been working to secure Federal In her recent guest commentary, Sen. Mur- ray said that our push for a meaningful pipe- suspension bridges that convey pipelines approval of a project called the Longhorn line safety bill from the House means that above rivers and canyons. Pipeline. The Longhorn Pipeline begins at Ga- we are willing ‘‘to sacrifice the good for the As a former state highway commissioner, I lena Park, Texas, in east Harris County in the perfect.’’ We wish our choice was between strongly believe that it is critical to maintain district I represent and goes across Texas for good and perfect but, unfortunately, the bill the approximately 4,000 pipeline bridges in approximately 700 miles to El Paso, Texas.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00054 Fmt 4634 Sfmt 9920 E:\CR\FM\A10OC7.066 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9561 The Longhorn Mitigation Plan protects the en- There are 325,000 miles of natural gas that is the answer. Greater accountability is vironment and all the people along the pipe- pipelines and almost 156,000 miles of haz- key. Unfortunately, as long as we have an Of- line route and is of a scope and rigor unprece- ardous liquid pipelines in the United States. fice of Pipeline Safety that fails to act on the dented in the pipeline industry. It includes These pipelines transport over 20 trillion cubic Congressional mandates already in place both measures designed to reduce the probability feet of natural gas and 616.5 billion ton-miles new and old mandates will not be worth the of a spill as well as measures designed to pro- of oil and oil products each year. These pipe- paper they are written on. And one thing vide greater protection to the more sensitive lines are critical in moving the fuels necessary Washington doesn't need more of is paper. areas, including areas where communities and to heat and light our homes and businesses I believe this bill strikes the right balance drinking water supplies could be affected. and power our cars. As we discovered last between new mandates targeted at specific Longhorn was willing to take extraordinary winter, when heating oil was in short supply in problems and accountability for implementing steps to protect the people living in close prox- the Northeast, and this past summer, when old mandates. I urge my colleagues to support imity to their pipeline and I believe they have certain types of gasoline had difficulty reach- this legislation. set the industry standard. ing cities in the Midwest, these pipelines are Mr. ROTHMAN. Mr. Speaker, I rise today in Mr. Speaker, transporting hazardous mate- also an important part of our economy. There- strong opposition to S. 2438. rials by pipeline is the safest and most eco- fore, it is important that these pipelines are op- I oppose this bill because it is weak and nomical way to deliver these products to mar- erated as safely as possible, not only to pro- does next to nothing to ensure the safety of ket. S. 2438 will raise the bar of safety on our tect individuals living or working near these my constituents who live or work near a nat- pipeline companies and punish those bad ac- lines and the environment, but to also assure ural gas pipeline. tors who operate on the margins of the safety that these fuels get to where they are needed. Sadly, thirteen years after the National envelope. Human lives and environmental The natural gas and hazardous liquid pipe- Transportation Safety Board first rec- quality are too important for us not to take ac- line safety programs are essential to pre- ommended that pipeline operators inspect tion immediately. serving the safety of our communities from the their pipelines to identify corrosion or other Mr. HALL of Texas. Mr. Speaker, I rise risk posed by pipelines. Since 1968, the Nat- mechanical damageÐnothing has been done. The Department of Transportation has not today in support of S. 2438, the Pipeline Safe- ural Gas and Hazardous Liquid Pipeline Safe- moved on the NTSB's 1987 recommendation ty Improvement Act, a bill introduced by Sen- ty Acts have been the primary authorities and no regulations exist today to force pipeline ator JOHN MCCAIN which had bipartisan sup- through which the Department of Transpor- operators to regularly inspect their pipelines. port in the Senate. My home state of Texas tation has instituted regulations safeguarding I am deeply concerned over the issue of has more pipeline mileage than any other our national pipeline system. This statute must pipeline safety because in New Jersey, the state, so maintaining the safe operation of be periodically reauthorized and the current most densely populated state in the nation, these systems is important. In 1996, two teen- authorization expires at the end of Fiscal Year tens of thousands of residents live and work agers were killed in my Congressional district 2000. The Commerce Committee shares juris- near areas cris-crossed by pipelines. while they were trying to warn their neighbor- diction over pipeline safety and has worked to- As my colleagues from New Jersey will re- hood about a leak from a pipeline carrying wards reauthorization of this important Act member, it was only six years ago that a mas- flammable butane. More can be done to im- since early last year. We are including in the sive natural gas pipeline explosion occurred in prove pipeline safety, and this legislation rep- record today, a joint explanation with Chair- Edison, New Jersey. resents the bestÐand for this Congress, the man Shuster, indicating that reports required That pipeline explosion destroyed eight onlyÐopportunity to make constructive by S. 2438 should be provided to the Com- apartment buildings and disrupted what was changes. mittee on Commerce, as well as the Com- once a stable neighborhood. Several of my colleagues have argued that mittee on Transportation and Infrastructure, so Mr. Speaker, there are plans to today to ex- we should kill this bill now, and work to pass that both Committees can continue to monitor pand a natural gas pipeline in Bergen County, another bill later, more along the lines of the the implementation of this Act. New Jersey, a pipeline that would run very bill introduced by my friends Mr. DINGELL and With the recent accidents in Bellingham, near a residential neighborhood and a play- Mr. OBERSTAR. I respect the concerns of these Washington and New Mexico, the Department ground in North Arlington, New Jersey. gentlemen, but I would say to my friends that of Transportation's pipeline safety program How can this Congress, in good conscience, the bill before us today is a good bill. The has been placed under scrutiny by Congress pass a bill that simply extends the status question of which bill is tougher is relativeÐin and others. Unfortunately, that scrutiny has re- quoÐand does not require the Department of some areas the McCain bill is tougher, and in vealed some real shortcomings in the pro- Transportation to issue any meaningful regula- other areas the Dingell/Oberstar bill is tougher. gram. As analysis of the pipeline safety pro- tions designed to address pipeline safety For example, the McCain bill has higher pen- gram conducted by the Inspector General of issues? alties for safety violations, protections for pipe- the Department of Transportation rec- What will we say when and if a pipeline line employee whistleblowers, more defined ommended six things that could be done to problem harms innocent individuals in North pipeline safety research and development improve the pipeline safety program. For the Arlington, New Jersey or elsewhere in Amer- goals, and temporary job assignment require- most part, these are simple things: complete ica? ments for pipeline employees involved in an the actions Congress mandated in 1992 and I urge my colleagues to oppose this weak accident. But more importantly, it is worth not- 1996, expand the focus of its research and bill that fails and honor our obligation to pro- ing that the McCain bill, and the bill introduced development programs, develop a program to tect the public's safety. by Messrs. OBERSTAR and DINGELL, are much better train its inspectors on the latest tech- Mr. SANDLIN. Mr. Speaker, I rise in strong more alike than different. I think it's important nologies, revise its system of collecting and support of S. 2438, the King and Tsiorvas that we not lose sight of this fact. processing accident date to allow for more de- Pipeline Safety Improvement Act. In order to Mr. Speaker, the McCain bill has one other tailed trend analysis, require revised accident know why this legislation is so important, one key advantage over any House legislationÐit reports when necessary, and respond to open only has to remember that seventeen U.S. citi- has already passed the Senate by a unani- National Transportation Safety Board safety zens have died in pipeline accidents during mous vote. Let's not drop the ball in the last recommendations. These simple actions can this Congress. few seconds of the game. Americans want have big impacts on improved pipeline safety. By passing this legislation, the House will be safe pipelines. In this final week of the 106th S. 2438 requires the Office of Pipeline Safe- taking an important step in avoiding future Congress, we ought to join together to pass ty to comply with these recommendations. It pipeline tragedies. We all recognize that nat- this laudable legislation, and work in the next also contains provisions requiring periodic ural gas, oil, gasoline, diesel fuel, and other Congress with Mr. DINGELL and Mr. OBERSTAR testing of pipelines, improved training for pipe- industrial liquids play key roles in the nation's to ensure that the Act is implemented in a re- line operators, improved public information, in- economy. Over 3,000 natural gas operators sponsible manner. creased reporting of spills. In addition, the bill and 52,000 master meter and liquefied natural Let's not let the perfect be the enemy of the increases State and local oversight and input, gas operators and over 200 hazardous liquid good. I urge my colleagues to vote ``yes'' on provides for more targeted research and de- operators bring these products to market. S. 2438. velopment to improve pipeline safety, and pro- Transporting both gaseous and liquid mate- Mr. BLILEY. Mr. Speaker, I rise in support vides increased funding for the Office of Pipe- rials safely through an intricate network of of S. 2438, the Pipeline Safety Improvement line Safety. Finally, the bill provides important over 1,750,000 miles of pipeline is a complex Act of 2000. This is a good bill which will im- protection for whistleblowers. undertaking. Today, we have the opportunity prove the safety of our natural gas and haz- I know there are some who would like to put to better protect the public from the dangers of ardous liquid pipelines. in place even more mandates. I don't think pipeline operations.

VerDate 02-OCT-2000 06:11 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00055 Fmt 4634 Sfmt 9920 E:\CR\FM\A10OC7.048 pfrm01 PsN: H10PT1 H9562 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Among other things, S. 2438 will improve (b) TABLE OF CONTENTS.—The table of con- (1) to reduce the loss of life and property, current law by investing in new technology to tents of this Act is as follows: human suffering, economic disruption, and dis- improve pipeline safety, increasing civil pen- Sec. 1. Short title; table of contents. aster assistance costs resulting from natural dis- asters; and TITLE I—PREDISASTER HAZARD alties for safety violations, and requiring pipe- (2) to provide a source of predisaster hazard MITIGATION line operators to conduct periodic inspections mitigation funding that will assist States and of their systems. In addition, in response to Sec. 101. Findings and purpose. local governments (including Indian tribes) in accusations that the Office of Pipeline Safety Sec. 102. Predisaster hazard mitigation. implementing effective hazard mitigation meas- (OPS) has not always done its job in the past Sec. 103. Interagency task force. ures that are designed to ensure the continued S. 2438 provides a significant increase in Sec. 104. Mitigation planning; minimum stand- functionality of critical services and facilities ards for public and private struc- after a natural disaster. funds for the OPS to enable it to hire more tures. personnel to handle the mandates that Con- SEC. 102. PREDISASTER HAZARD MITIGATION. TITLE II—STREAMLINING AND COST gress has already required. (a) IN GENERAL.—Title II of the Robert T. REDUCTION Stafford Disaster Relief and Emergency Assist- Some of our colleagues will argue that this Sec. 201. Technical amendments. ance Act (42 U.S.C. 5131 et seq.) is amended by bill is not strong enough. In fact, S. 2438 is Sec. 202. Management costs. adding at the end the following: the strongest pipeline safety reform ever Sec. 203. Public notice, comment, and consulta- ‘‘SEC. 203. PREDISASTER HAZARD MITIGATION. adopted by either body of Congress. This bill tion requirements. ‘‘(a) DEFINITION OF SMALL IMPOVERISHED represents meaningful reform. It was crafted Sec. 204. State administration of hazard mitiga- COMMUNITY.—In this section, the term ‘small by a bipartisan group of legislators who tion grant program. impoverished community’ means a community of worked through months of meetings and nego- Sec. 205. Assistance to repair, restore, recon- 3,000 or fewer individuals that is economically tiations to develop the best bill possible. The struct, or replace damaged facili- disadvantaged, as determined by the State in resulting legislation is so strong that both the ties. which the community is located and based on Sec. 206. Federal assistance to individuals and criteria established by the President. Vice President and the Secretary of Transpor- households. ‘‘(b) ESTABLISHMENT OF PROGRAM.—The tation supported passage of S. 2438. Sec. 207. Community disaster loans. President may establish a program to provide Let's not put process over results. Our na- Sec. 208. Report on State management of small technical and financial assistance to States and tion needs strong pipeline safety legislation disasters initiative. local governments to assist in the implementa- this year. The safety of millions of Americans Sec. 209. Study regarding cost reduction. tion of predisaster hazard mitigation measures is at stake, and S. 2438 is a strong, workable TITLE III—MISCELLANEOUS that are cost-effective and are designed to re- bill that will result in vast improvements over duce injuries, loss of life, and damage and de- Sec. 301. Technical correction of short title. struction of property, including damage to crit- the current safeguards for pipeline operations. Sec. 302. Definitions. ical services and facilities under the jurisdiction I urge all Members to support S. 2438. It is a Sec. 303. Fire management assistance. of the States or local governments. good bipartisan bill that will take an effective Sec. 304. Disaster grant closeout procedures. ‘‘(c) APPROVAL BY PRESIDENT.—If the Presi- first step towards improving pipeline safety. Sec. 305. Public safety officer benefits for cer- dent determines that a State or local government Mr. SHUSTER. Mr. Speaker, I yield tain Federal and State employees. has identified natural disaster hazards in areas back the balance of my time. Sec. 306. Buy American. under its jurisdiction and has demonstrated the Sec. 307. Treatment of certain real property. The SPEAKER pro tempore (Mr. ability to form effective public-private natural Sec. 308. Study of participation by Indian tribes disaster hazard mitigation partnerships, the DICKEY). The question is on the motion in emergency management. offered by the gentleman from Penn- President, using amounts in the National TITLE I—PREDISASTER HAZARD Predisaster Mitigation Fund established under sylvania (Mr. SHUSTER) that the House MITIGATION subsection (i) (referred to in this section as the suspend the rules and pass the Senate SEC. 101. FINDINGS AND PURPOSE. ‘Fund’), may provide technical and financial bill, S. 2438. (a) FINDINGS.—Congress finds that— assistance to the State or local government to be The question was taken. (1) natural disasters, including earthquakes, used in accordance with subsection (e). Mr. OBERSTAR. Mr. Speaker, I ob- tsunamis, tornadoes, hurricanes, flooding, and ‘‘(d) STATE RECOMMENDATIONS.— ject to the vote on the ground that a wildfires, pose great danger to human life and ‘‘(1) IN GENERAL.— ‘‘(A) RECOMMENDATIONS.—The Governor of to property throughout the United States; quorum is not present and make the each State may recommend to the President not (2) greater emphasis needs to be placed on— point of order that a quorum is not fewer than 5 local governments to receive assist- (A) identifying and assessing the risks to present. ance under this section. States and local governments (including Indian The SPEAKER pro tempore. Pursu- ‘‘(B) DEADLINE FOR SUBMISSION.—The rec- ant to clause 8 of rule XX and the tribes) from natural disasters; ommendations under subparagraph (A) shall be (B) implementing adequate measures to reduce Chair’s prior announcement, further submitted to the President not later than Octo- losses from natural disasters; and ber 1, 2001, and each October 1st thereafter or proceedings on this motion will be (C) ensuring that the critical services and fa- postponed. such later date in the year as the President may cilities of communities will continue to function establish. The point of no quorum is considered after a natural disaster; ‘‘(C) CRITERIA.—In making recommendations withdrawn. (3) expenditures for postdisaster assistance are under subparagraph (A), a Governor shall con- f increasing without commensurate reductions in sider the criteria specified in subsection (g). the likelihood of future losses from natural dis- b ‘‘(2) USE.— 1730 asters; ‘‘(A) IN GENERAL.—Except as provided in sub- DISASTER MITIGATION ACT OF (4) in the expenditure of Federal funds under paragraph (B), in providing assistance to local the Robert T. Stafford Disaster Relief and Emer- 2000 governments under this section, the President gency Assistance Act (42 U.S.C. 5121 et seq.), shall select from local governments rec- Mr. SHUSTER. Mr. Speaker, I move high priority should be given to mitigation of ommended by the Governors under this sub- to suspend the rules and concur in the hazards at the local level; and section. Senate amendment to the House (5) with a unified effort of economic incen- ‘‘(B) EXTRAORDINARY CIRCUMSTANCES.—In amendment to the Senate amendment tives, awareness and education, technical assist- providing assistance to local governments under ance, and demonstrated Federal support, States to the bill (H.R. 707) to amend the Rob- this section, the President may select a local and local governments (including Indian tribes) government that has not been recommended by ert T. Stafford Disaster Relief and will be able to— a Governor under this subsection if the Presi- Emergency Assistance Act to authorize (A) form effective community-based partner- dent determines that extraordinary cir- a program for predisaster mitigation, ships for hazard mitigation purposes; cumstances justify the selection and that mak- to streamline the administration of (B) implement effective hazard mitigation ing the selection will further the purpose of this disaster relief, to control the Federal measures that reduce the potential damage from section. costs of disaster assistance, and for natural disasters; ‘‘(3) EFFECT OF FAILURE TO NOMINATE.—If a other purposes. (C) ensure continued functionality of critical Governor of a State fails to submit recommenda- services; The Clerk read as follows: tions under this subsection in a timely manner, (D) leverage additional non-Federal resources the President may select, subject to the criteria Senate amendment to House amendment in meeting natural disaster resistance goals; and specified in subsection (g), any local govern- to Senate amendment: (E) make commitments to long-term hazard ments of the State to receive assistance under In lieu of the matter proposed to be in- mitigation efforts to be applied to new and exist- this section. serted by the House amendment, insert: ing structures. ‘‘(e) USES OF TECHNICAL AND FINANCIAL AS- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (b) PURPOSE.—The purpose of this title is to SISTANCE.— (a) SHORT TITLE.—This Act may be cited as establish a national disaster hazard mitigation ‘‘(1) IN GENERAL.—Technical and financial as- the ‘‘Disaster Mitigation Act of 2000’’. program— sistance provided under this section—

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.058 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9563 ‘‘(A) shall be used by States and local govern- Mitigation Fund’, to be used in carrying out ‘‘(iii) other public uses. ments principally to implement predisaster haz- this section. ‘‘(l) REPORT ON FEDERAL AND STATE ADMINIS- ard mitigation measures that are cost-effective ‘‘(2) TRANSFERS TO FUND.—There shall be de- TRATION.—Not later than 18 months after the and are described in proposals approved by the posited in the Fund— date of enactment of this section, the President, President under this section; and ‘‘(A) amounts appropriated to carry out this in consultation with State and local govern- ‘‘(B) may be used— section, which shall remain available until ex- ments, shall submit to Congress a report evalu- ‘‘(i) to support effective public-private natural pended; and ating efforts to implement this section and rec- disaster hazard mitigation partnerships; ‘‘(B) sums available from gifts, bequests, or ommending a process for transferring greater ‘‘(ii) to improve the assessment of a commu- donations of services or property received by the authority and responsibility for administering nity’s vulnerability to natural hazards; or President for the purpose of predisaster hazard the assistance program established under this ‘‘(iii) to establish hazard mitigation priorities, mitigation. section to capable States. and an appropriate hazard mitigation plan, for ‘‘(3) EXPENDITURES FROM FUND.—Upon re- ‘‘(m) TERMINATION OF AUTHORITY.—The au- a community. quest by the President, the Secretary of the thority provided by this section terminates De- ‘‘(2) DISSEMINATION.—A State or local govern- Treasury shall transfer from the Fund to the cember 31, 2003.’’. ment may use not more than 10 percent of the fi- President such amounts as the President deter- (b) CONFORMING AMENDMENT.—Title II of the nancial assistance received by the State or local mines are necessary to provide technical and fi- Robert T. Stafford Disaster Relief and Emer- government under this section for a fiscal year nancial assistance under this section. gency Assistance Act (42 U.S.C. 5131 et seq.) is to fund activities to disseminate information re- ‘‘(4) INVESTMENT OF AMOUNTS.— amended by striking the title heading and in- ‘‘(A) IN GENERAL.—The Secretary of the garding cost-effective mitigation technologies. serting the following: ‘‘(f) ALLOCATION OF FUNDS.—The amount of Treasury shall invest such portion of the Fund financial assistance made available to a State as is not, in the judgment of the Secretary of the ‘‘TITLE II—DISASTER PREPAREDNESS AND (including amounts made available to local gov- Treasury, required to meet current withdrawals. MITIGATION ASSISTANCE’’. ernments of the State) under this section for a Investments may be made only in interest-bear- SEC. 103. INTERAGENCY TASK FORCE. fiscal year— ing obligations of the United States. Title II of the Robert T. Stafford Disaster Re- ‘‘(1) shall be not less than the lesser of— ‘‘(B) ACQUISITION OF OBLIGATIONS.—For the lief and Emergency Assistance Act (42 U.S.C. ‘‘(A) $500,000; or purpose of investments under subparagraph (A), 5131 et seq.) (as amended by section 102(a)) is ‘‘(B) the amount that is equal to 1.0 percent of obligations may be acquired— amended by adding at the end the following: ‘‘(i) on original issue at the issue price; or the total funds appropriated to carry out this ‘‘SEC. 204. INTERAGENCY TASK FORCE. section for the fiscal year; ‘‘(ii) by purchase of outstanding obligations at the market price. ‘‘(a) IN GENERAL.—The President shall estab- ‘‘(2) shall not exceed 15 percent of the total lish a Federal interagency task force for the funds described in paragraph (1)(B); and ‘‘(C) SALE OF OBLIGATIONS.—Any obligation acquired by the Fund may be sold by the Sec- purpose of coordinating the implementation of ‘‘(3) shall be subject to the criteria specified in predisaster hazard mitigation programs adminis- subsection (g). retary of the Treasury at the market price. ‘‘(D) CREDITS TO FUND.—The interest on, and tered by the Federal Government. ‘‘(g) CRITERIA FOR ASSISTANCE AWARDS.—In the proceeds from the sale or redemption of, any ‘‘(b) CHAIRPERSON.—The Director of the Fed- determining whether to provide technical and fi- obligations held in the Fund shall be credited to eral Emergency Management Agency shall serve nancial assistance to a State or local govern- and form a part of the Fund. as the chairperson of the task force. ment under this section, the President shall take ‘‘(E) TRANSFERS OF AMOUNTS.— ‘‘(c) MEMBERSHIP.—The membership of the into account— ‘‘(i) IN GENERAL.—The amounts required to be task force shall include representatives of— ‘‘(1) the extent and nature of the hazards to transferred to the Fund under this subsection ‘‘(1) relevant Federal agencies; be mitigated; shall be transferred at least monthly from the ‘‘(2) State and local government organizations ‘‘(2) the degree of commitment of the State or general fund of the Treasury to the Fund on the (including Indian tribes); and local government to reduce damages from future basis of estimates made by the Secretary of the ‘‘(3) the American Red Cross.’’. natural disasters; Treasury. ‘‘(3) the degree of commitment by the State or SEC. 104. MITIGATION PLANNING; MINIMUM ‘‘(ii) ADJUSTMENTS.—Proper adjustment shall STANDARDS FOR PUBLIC AND PRI- local government to support ongoing non-Fed- be made in amounts subsequently transferred to VATE STRUCTURES. eral support for the hazard mitigation measures the extent prior estimates were in excess of or (a) IN GENERAL.—Title III of the Robert T. to be carried out using the technical and finan- less than the amounts required to be trans- Stafford Disaster Relief and Emergency Assist- cial assistance; ferred. ance Act (42 U.S.C. 5141 et seq.) is amended by ‘‘(4) the extent to which the hazard mitigation ‘‘(j) LIMITATION ON TOTAL AMOUNT OF FINAN- adding at the end the following: measures to be carried out using the technical CIAL ASSISTANCE.—The President shall not pro- and financial assistance contribute to the miti- ‘‘SEC. 322. MITIGATION PLANNING. vide financial assistance under this section in ‘‘(a) REQUIREMENT OF MITIGATION PLAN.—As gation goals and priorities established by the an amount greater than the amount available in State; a condition of receipt of an increased Federal the Fund. share for hazard mitigation measures under sub- ‘‘(5) the extent to which the technical and fi- ‘‘(k) MULTIHAZARD ADVISORY MAPS.— section (e), a State, local, or tribal government nancial assistance is consistent with other as- ‘‘(1) DEFINITION OF MULTIHAZARD ADVISORY shall develop and submit for approval to the sistance provided under this Act; MAP.—In this subsection, the term ‘multihazard President a mitigation plan that outlines proc- ‘‘(6) the extent to which prioritized, cost-effec- advisory map’ means a map on which hazard esses for identifying the natural hazards, risks, tive mitigation activities that produce meaning- data concerning each type of natural disaster is and vulnerabilities of the area under the juris- ful and definable outcomes are clearly identi- identified simultaneously for the purpose of diction of the government. fied; showing areas of hazard overlap. ‘‘(b) LOCAL AND TRIBAL PLANS.—Each mitiga- ‘‘(7) if the State or local government has sub- ‘‘(2) DEVELOPMENT OF MAPS.—In consultation mitted a mitigation plan under section 322, the with States, local governments, and appropriate tion plan developed by a local or tribal govern- extent to which the activities identified under Federal agencies, the President shall develop ment shall— paragraph (6) are consistent with the mitigation multihazard advisory maps for areas, in not ‘‘(1) describe actions to mitigate hazards, plan; fewer than 5 States, that are subject to com- risks, and vulnerabilities identified under the ‘‘(8) the opportunity to fund activities that monly recurring natural hazards (including plan; and maximize net benefits to society; flooding, hurricanes and severe winds, and seis- ‘‘(2) establish a strategy to implement those ‘‘(9) the extent to which assistance will fund mic events). actions. mitigation activities in small impoverished com- ‘‘(3) USE OF TECHNOLOGY.—In developing ‘‘(c) STATE PLANS.—The State process of de- munities; and multihazard advisory maps under this sub- velopment of a mitigation plan under this sec- ‘‘(10) such other criteria as the President es- section, the President shall use, to the maximum tion shall— tablishes in consultation with State and local extent practicable, the most cost-effective and ‘‘(1) identify the natural hazards, risks, and governments. efficient technology available. vulnerabilities of areas in the State; ‘‘(h) FEDERAL SHARE.— ‘‘(4) USE OF MAPS.— ‘‘(2) support development of local mitigation ‘‘(1) IN GENERAL.—Financial assistance pro- ‘‘(A) ADVISORY NATURE.—The multihazard ad- plans; vided under this section may contribute up to 75 visory maps shall be considered to be advisory ‘‘(3) provide for technical assistance to local percent of the total cost of mitigation activities and shall not require the development of any and tribal governments for mitigation planning; approved by the President. new policy by, or impose any new policy on, and ‘‘(2) SMALL IMPOVERISHED COMMUNITIES.— any government or private entity. ‘‘(4) identify and prioritize mitigation actions Notwithstanding paragraph (1), the President ‘‘(B) AVAILABILITY OF MAPS.—The multi- that the State will support, as resources become may contribute up to 90 percent of the total cost hazard advisory maps shall be made available to available. of a mitigation activity carried out in a small the appropriate State and local governments for ‘‘(d) FUNDING.— impoverished community. the purposes of— ‘‘(1) IN GENERAL.—Federal contributions ‘‘(i) NATIONAL PREDISASTER MITIGATION ‘‘(i) informing the general public about the under section 404 may be used to fund the devel- FUND.— risks of natural hazards in the areas described opment and updating of mitigation plans under ‘‘(1) ESTABLISHMENT.—The President may es- in paragraph (2); this section. tablish in the Treasury of the United States a ‘‘(ii) supporting the activities described in sub- ‘‘(2) MAXIMUM FEDERAL CONTRIBUTION.—With fund to be known as the ‘National Predisaster section (e); and respect to any mitigation plan, a State, local, or

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tribal government may use an amount of Fed- ance Act (42 U.S.C. 5141 et seq.) (as amended by ‘‘(c) PUBLIC ACCESS.—The President shall pro- eral contributions under section 404 not to ex- section 104(a)) is amended by adding at the end mote public access to policies governing the im- ceed 7 percent of the amount of such contribu- the following: plementation of the public assistance program.’’. tions available to the government as of a date ‘‘SEC. 324. MANAGEMENT COSTS. SEC. 204. STATE ADMINISTRATION OF HAZARD determined by the government. ‘‘(a) DEFINITION OF MANAGEMENT COST.—In MITIGATION GRANT PROGRAM. ‘‘(e) INCREASED FEDERAL SHARE FOR HAZARD this section, the term ‘management cost’ in- Section 404 of the Robert T. Stafford Disaster MITIGATION MEASURES.— cludes any indirect cost, any administrative ex- Relief and Emergency Assistance Act (42 U.S.C. ‘‘(1) IN GENERAL.—If, at the time of the dec- pense, and any other expense not directly 5170c) is amended by adding at the end the fol- laration of a major disaster, a State has in effect chargeable to a specific project under a major lowing: ‘‘(c) PROGRAM ADMINISTRATION BY STATES.— an approved mitigation plan under this section, disaster, emergency, or disaster preparedness or ‘‘(1) IN GENERAL.—A State desiring to admin- the President may increase to 20 percent, with mitigation activity or measure. respect to the major disaster, the maximum per- ister the hazard mitigation grant program estab- ‘‘(b) ESTABLISHMENT OF MANAGEMENT COST lished by this section with respect to hazard centage specified in the last sentence of section RATES.—Notwithstanding any other provision of 404(a). mitigation assistance in the State may submit to law (including any administrative rule or guid- the President an application for the delegation ‘‘(2) FACTORS FOR CONSIDERATION.—In deter- ance), the President shall by regulation estab- mining whether to increase the maximum per- of the authority to administer the program. lish management cost rates, for grantees and ‘‘(2) CRITERIA.—The President, in consulta- centage under paragraph (1), the President subgrantees, that shall be used to determine shall consider whether the State has estab- tion and coordination with States and local gov- contributions under this Act for management ernments, shall establish criteria for the ap- lished— costs. ‘‘(A) eligibility criteria for property acquisi- proval of applications submitted under para- ‘‘(c) REVIEW.—The President shall review the graph (1). The criteria shall include, at a min- tion and other types of mitigation measures; management cost rates established under sub- ‘‘(B) requirements for cost effectiveness that imum— section (b) not later than 3 years after the date ‘‘(A) the demonstrated ability of the State to are related to the eligibility criteria; of establishment of the rates and periodically manage the grant program under this section; ‘‘(C) a system of priorities that is related to thereafter.’’. ‘‘(B) there being in effect an approved mitiga- the eligibility criteria; and (b) APPLICABILITY.— tion plan under section 322; and ‘‘(D) a process by which an assessment of the (1) IN GENERAL.—Subject to paragraph (2), ‘‘(C) a demonstrated commitment to mitigation effectiveness of a mitigation action may be car- subsections (a) and (b) of section 324 of the Rob- activities. ried out after the mitigation action is complete. ert T. Stafford Disaster Relief and Emergency ‘‘(3) APPROVAL.—The President shall approve ‘‘SEC. 323. MINIMUM STANDARDS FOR PUBLIC Assistance Act (as added by subsection (a)) shall an application submitted under paragraph (1) AND PRIVATE STRUCTURES. apply to major disasters declared under that Act that meets the criteria established under para- ‘‘(a) IN GENERAL.—As a condition of receipt of on or after the date of enactment of this Act. graph (2). a disaster loan or grant under this Act— (2) INTERIM AUTHORITY.—Until the date on ‘‘(4) WITHDRAWAL OF APPROVAL.—If, after ap- ‘‘(1) the recipient shall carry out any repair or which the President establishes the management proving an application of a State submitted construction to be financed with the loan or cost rates under section 324 of the Robert T. under paragraph (1), the President determines grant in accordance with applicable standards Stafford Disaster Relief and Emergency Assist- that the State is not administering the hazard of safety, decency, and sanitation and in con- ance Act (as added by subsection (a)), section mitigation grant program established by this formity with applicable codes, specifications, 406(f) of the Robert T. Stafford Disaster Relief section in a manner satisfactory to the Presi- and standards; and and Emergency Assistance Act (42 U.S.C. dent, the President shall withdraw the ap- ‘‘(2) the President may require safe land use 5172(f)) (as in effect on the day before the date proval. and construction practices, after adequate con- ‘‘(5) AUDITS.—The President shall provide for of enactment of this Act) shall be used to estab- sultation with appropriate State and local gov- periodic audits of the hazard mitigation grant lish management cost rates. ernment officials. programs administered by States under this sub- SEC. 203. PUBLIC NOTICE, COMMENT, AND CON- ‘‘(b) EVIDENCE OF COMPLIANCE.—A recipient section.’’. SULTATION REQUIREMENTS. of a disaster loan or grant under this Act shall SEC. 205. ASSISTANCE TO REPAIR, RESTORE, RE- provide such evidence of compliance with this Title III of the Robert T. Stafford Disaster Re- CONSTRUCT, OR REPLACE DAMAGED section as the President may require by regula- lief and Emergency Assistance Act (42 U.S.C. FACILITIES. tion.’’. 5141 et seq.) (as amended by section 202(a)) is (a) CONTRIBUTIONS.—Section 406 of the Robert (b) LOSSES FROM STRAIGHT LINE WINDS.—The amended by adding at the end the following: T. Stafford Disaster Relief and Emergency As- President shall increase the maximum percent- ‘‘SEC. 325. PUBLIC NOTICE, COMMENT, AND CON- sistance Act (42 U.S.C. 5172) is amended by age specified in the last sentence of section SULTATION REQUIREMENTS. striking subsection (a) and inserting the fol- 404(a) of the Robert T. Stafford Disaster Relief ‘‘(a) PUBLIC NOTICE AND COMMENT CON- lowing: and Emergency Assistance Act (42 U.S.C. CERNING NEW OR MODIFIED POLICIES.— ‘‘(a) CONTRIBUTIONS.— ‘‘(1) IN GENERAL.—The President may make 5170c(a)) from 15 percent to 20 percent with re- ‘‘(1) IN GENERAL.—The President shall provide contributions— spect to any major disaster that is in the State for public notice and opportunity for comment before adopting any new or modified policy ‘‘(A) to a State or local government for the re- of Minnesota and for which assistance is being pair, restoration, reconstruction, or replacement provided as of the date of enactment of this Act, that— ‘‘(A) governs implementation of the public as- of a public facility damaged or destroyed by a except that additional assistance provided under major disaster and for associated expenses in- this subsection shall not exceed $6,000,000. The sistance program administered by the Federal Emergency Management Agency under this Act; curred by the government; and mitigation measures assisted under this sub- ‘‘(B) subject to paragraph (3), to a person that section shall be related to losses in the State of and ‘‘(B) could result in a significant reduction of owns or operates a private nonprofit facility Minnesota from straight line winds. damaged or destroyed by a major disaster for (c) CONFORMING AMENDMENTS.— assistance under the program. ‘‘(2) APPLICATION.—Any policy adopted under the repair, restoration, reconstruction, or re- (1) Section 404(a) of the Robert T. Stafford placement of the facility and for associated ex- Disaster Relief and Emergency Assistance Act paragraph (1) shall apply only to a major dis- aster or emergency declared on or after the date penses incurred by the person. (42 U.S.C. 5170c(a)) is amended— ‘‘(2) ASSOCIATED EXPENSES.—For the purposes on which the policy is adopted. (A) in the second sentence, by striking ‘‘sec- of this section, associated expenses shall in- ‘‘(b) CONSULTATION CONCERNING INTERIM tion 409’’ and inserting ‘‘section 322’’; and clude— POLICIES.— (B) in the third sentence, by striking ‘‘The ‘‘(A) the costs of mobilizing and employing the ‘‘(1) IN GENERAL.—Before adopting any in- total’’ and inserting ‘‘Subject to section 322, the National Guard for performance of eligible terim policy under the public assistance program total’’. work; (2) Section 409 of the Robert T. Stafford Dis- to address specific conditions that relate to a ‘‘(B) the costs of using prison labor to perform aster Relief and Emergency Assistance Act (42 major disaster or emergency that has been de- eligible work, including wages actually paid, U.S.C. 5176) is repealed. clared under this Act, the President, to the max- transportation to a worksite, and extraordinary imum extent practicable, shall solicit the views TITLE II—STREAMLINING AND COST costs of guards, food, and lodging; and and recommendations of grantees and sub- REDUCTION ‘‘(C) base and overtime wages for the employ- grantees with respect to the major disaster or ees and extra hires of a State, local government, SEC. 201. TECHNICAL AMENDMENTS. emergency concerning the potential interim pol- or person described in paragraph (1) that per- Section 311 of the Robert T. Stafford Disaster icy, if the interim policy is likely— form eligible work, plus fringe benefits on such Relief and Emergency Assistance Act (42 U.S.C. ‘‘(A) to result in a significant reduction of as- wages to the extent that such benefits were 5154) is amended in subsections (a)(1), (b), and sistance to applicants for the assistance with re- being paid before the major disaster. (c) by striking ‘‘section 803 of the Public Works spect to the major disaster or emergency; or ‘‘(3) CONDITIONS FOR ASSISTANCE TO PRIVATE and Economic Development Act of 1965’’ each ‘‘(B) to change the terms of a written agree- NONPROFIT FACILITIES.— place it appears and inserting ‘‘section 209(c)(2) ment to which the Federal Government is a ‘‘(A) IN GENERAL.—The President may make of the Public Works and Economic Development party concerning the declaration of the major contributions to a private nonprofit facility Act of 1965 (42 U.S.C. 3149(c)(2))’’. disaster or emergency. under paragraph (1)(B) only if— SEC. 202. MANAGEMENT COSTS. ‘‘(2) NO LEGAL RIGHT OF ACTION.—Nothing in ‘‘(i) the facility provides critical services (as (a) IN GENERAL.—Title III of the Robert T. this subsection confers a legal right of action on defined by the President) in the event of a major Stafford Disaster Relief and Emergency Assist- any party. disaster; or

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‘‘(ii) the owner or operator of the facility— ‘‘(C) USE OF FUNDS.—Funds contributed to a ‘‘(2) MODIFICATION OF ELIGIBLE COST.— ‘‘(I) has applied for a disaster loan under sec- State or local government under this paragraph ‘‘(A) ACTUAL COST GREATER THAN CEILING PER- tion 7(b) of the Small Business Act (15 U.S.C. may be used— CENTAGE OF ESTIMATED COST.—In any case in 636(b)); and ‘‘(i) to repair, restore, or expand other selected which the actual cost of repairing, restoring, re- ‘‘(II)(aa) has been determined to be ineligible public facilities; constructing, or replacing a facility under this for such a loan; or ‘‘(ii) to construct new facilities; or section is greater than the ceiling percentage es- ‘‘(bb) has obtained such a loan in the max- ‘‘(iii) to fund hazard mitigation measures that tablished under paragraph (3) of the cost esti- imum amount for which the Small Business Ad- the State or local government determines to be mated under paragraph (1), the President may ministration determines the facility is eligible. necessary to meet a need for governmental serv- determine that the eligible cost includes a por- ‘‘(B) DEFINITION OF CRITICAL SERVICES.—In ices and functions in the area affected by the tion of the actual cost of the repair, restoration, this paragraph, the term ‘critical services’ in- major disaster. reconstruction, or replacement that exceeds the cludes power, water (including water provided ‘‘(D) LIMITATIONS.—Funds made available to cost estimated under paragraph (1). by an irrigation organization or facility), sewer, a State or local government under this para- ‘‘(B) ACTUAL COST LESS THAN ESTIMATED wastewater treatment, communications, and graph may not be used for— COST.— emergency medical care. ‘‘(i) any public facility located in a regulatory ‘‘(4) NOTIFICATION TO CONGRESS.—Before mak- floodway (as defined in section 59.1 of title 44, ‘‘(i) GREATER THAN OR EQUAL TO FLOOR PER- ing any contribution under this section in an Code of Federal Regulations (or a successor reg- CENTAGE OF ESTIMATED COST.—In any case in amount greater than $20,000,000, the President ulation)); or which the actual cost of repairing, restoring, re- shall notify— ‘‘(ii) any uninsured public facility located in constructing, or replacing a facility under this ‘‘(A) the Committee on Environment and Pub- a special flood hazard area identified by the Di- section is less than 100 percent of the cost esti- lic Works of the Senate; rector of the Federal Emergency Management mated under paragraph (1), but is greater than ‘‘(B) the Committee on Transportation and In- Agency under the National Flood Insurance Act or equal to the floor percentage established frastructure of the House of Representatives; of 1968 (42 U.S.C. 4001 et seq.). under paragraph (3) of the cost estimated under ‘‘(C) the Committee on Appropriations of the ‘‘(2) FOR PRIVATE NONPROFIT FACILITIES.— paragraph (1), the State or local government or Senate; and ‘‘(A) IN GENERAL.—In any case in which a person receiving funds under this section shall ‘‘(D) the Committee on Appropriations of the person that owns or operates a private nonprofit use the excess funds to carry out cost-effective House of Representatives.’’. facility determines that the public welfare activities that reduce the risk of future damage, (b) FEDERAL SHARE.—Section 406 of the Rob- would not best be served by repairing, restoring, hardship, or suffering from a major disaster. ert T. Stafford Disaster Relief and Emergency reconstructing, or replacing the facility, the per- ‘‘(ii) LESS THAN FLOOR PERCENTAGE OF ESTI- Assistance Act (42 U.S.C. 5172) is amended by son may elect to receive, in lieu of a contribu- MATED COST.—In any case in which the actual striking subsection (b) and inserting the fol- tion under subsection (a)(1)(B), a contribution cost of repairing, restoring, reconstructing, or lowing: in an amount equal to 75 percent of the Federal replacing a facility under this section is less ‘‘(b) FEDERAL SHARE.— share of the Federal estimate of the cost of re- than the floor percentage established under ‘‘(1) MINIMUM FEDERAL SHARE.—Except as pairing, restoring, reconstructing, or replacing paragraph (3) of the cost estimated under para- provided in paragraph (2), the Federal share of the facility and of management expenses. graph (1), the State or local government or per- assistance under this section shall be not less ‘‘(B) USE OF FUNDS.—Funds contributed to a son receiving assistance under this section shall than 75 percent of the eligible cost of repair, res- person under this paragraph may be used— reimburse the President in the amount of the toration, reconstruction, or replacement carried ‘‘(i) to repair, restore, or expand other selected difference. out under this section. private nonprofit facilities owned or operated by ‘‘(C) NO EFFECT ON APPEALS PROCESS.—Noth- ‘‘(2) REDUCED FEDERAL SHARE.—The President the person; ing in this paragraph affects any right of ap- shall promulgate regulations to reduce the Fed- ‘‘(ii) to construct new private nonprofit facili- peal under section 423. eral share of assistance under this section to not ties to be owned or operated by the person; or ‘‘(3) EXPERT PANEL.— less than 25 percent in the case of the repair, ‘‘(iii) to fund hazard mitigation measures that ‘‘(A) ESTABLISHMENT.—Not later than 18 restoration, reconstruction, or replacement of the person determines to be necessary to meet a months after the date of enactment of this para- any eligible public facility or private nonprofit need for the person’s services and functions in graph, the President, acting through the Direc- facility following an event associated with a the area affected by the major disaster. tor of the Federal Emergency Management major disaster— ‘‘(C) LIMITATIONS.—Funds made available to Agency, shall establish an expert panel, which ‘‘(A) that has been damaged, on more than 1 a person under this paragraph may not be used shall include representatives from the construc- occasion within the preceding 10-year period, by for— the same type of event; and ‘‘(i) any private nonprofit facility located in a tion industry and State and local government. ‘‘(B) the owner of which has failed to imple- regulatory floodway (as defined in section 59.1 ‘‘(B) DUTIES.—The expert panel shall develop ment appropriate mitigation measures to address of title 44, Code of Federal Regulations (or a recommendations concerning— the hazard that caused the damage to the facil- successor regulation)); or ‘‘(i) procedures for estimating the cost of re- ity.’’. ‘‘(ii) any uninsured private nonprofit facility pairing, restoring, reconstructing, or replacing a (c) LARGE IN-LIEU CONTRIBUTIONS.—Section located in a special flood hazard area identified facility consistent with industry practices; and 406 of the Robert T. Stafford Disaster Relief and by the Director of the Federal Emergency Man- ‘‘(ii) the ceiling and floor percentages referred Emergency Assistance Act (42 U.S.C. 5172) is agement Agency under the National Flood In- to in paragraph (2). amended by striking subsection (c) and inserting surance Act of 1968 (42 U.S.C. 4001 et seq.).’’. ‘‘(C) REGULATIONS.—Taking into account the the following: (d) ELIGIBLE COST.— recommendations of the expert panel under sub- ‘‘(c) LARGE IN-LIEU CONTRIBUTIONS.— (1) IN GENERAL.—Section 406 of the Robert T. paragraph (B), the President shall promulgate ‘‘(1) FOR PUBLIC FACILITIES.— Stafford Disaster Relief and Emergency Assist- regulations that establish— ‘‘(A) IN GENERAL.—In any case in which a ance Act (42 U.S.C. 5172) is amended by striking State or local government determines that the ‘‘(i) cost estimation procedures described in subsection (e) and inserting the following: subparagraph (B)(i); and public welfare would not best be served by re- ‘‘(e) ELIGIBLE COST.— pairing, restoring, reconstructing, or replacing ‘‘(ii) the ceiling and floor percentages referred ‘‘(1) DETERMINATION.— to in paragraph (2). any public facility owned or controlled by the ‘‘(A) IN GENERAL.—For the purposes of this ‘‘(D) REVIEW BY PRESIDENT.—Not later than 2 State or local government, the State or local section, the President shall estimate the eligible years after the date of promulgation of regula- government may elect to receive, in lieu of a cost of repairing, restoring, reconstructing, or tions under subparagraph (C) and periodically contribution under subsection (a)(1)(A), a con- replacing a public facility or private nonprofit thereafter, the President shall review the cost tribution in an amount equal to 75 percent of facility— the Federal share of the Federal estimate of the ‘‘(i) on the basis of the design of the facility estimation procedures and the ceiling and floor cost of repairing, restoring, reconstructing, or as the facility existed immediately before the percentages established under this paragraph. replacing the facility and of management ex- major disaster; and ‘‘(E) REPORT TO CONGRESS.—Not later than 1 penses. ‘‘(ii) in conformity with codes, specifications, year after the date of promulgation of regula- ‘‘(B) AREAS WITH UNSTABLE SOIL.—In any and standards (including floodplain manage- tions under subparagraph (C), 3 years after that case in which a State or local government deter- ment and hazard mitigation criteria required by date, and at the end of each 2-year period there- mines that the public welfare would not best be the President or under the Coastal Barrier Re- after, the expert panel shall submit to Congress served by repairing, restoring, reconstructing, or sources Act (16 U.S.C. 3501 et seq.)) applicable at a report on the appropriateness of the cost esti- replacing any public facility owned or con- the time at which the disaster occurred. mation procedures. trolled by the State or local government because ‘‘(B) COST ESTIMATION PROCEDURES.— ‘‘(4) SPECIAL RULE.—In any case in which the soil instability in the disaster area makes repair, ‘‘(i) IN GENERAL.—Subject to paragraph (2), facility being repaired, restored, reconstructed, restoration, reconstruction, or replacement in- the President shall use the cost estimation pro- or replaced under this section was under con- feasible, the State or local government may elect cedures established under paragraph (3) to de- struction on the date of the major disaster, the to receive, in lieu of a contribution under sub- termine the eligible cost under this subsection. cost of repairing, restoring, reconstructing, or section (a)(1)(A), a contribution in an amount ‘‘(ii) APPLICABILITY.—The procedures speci- replacing the facility shall include, for the pur- equal to 90 percent of the Federal share of the fied in this paragraph and paragraph (2) shall poses of this section, only those costs that, Federal estimate of the cost of repairing, restor- apply only to projects the eligible cost of which under the contract for the construction, are the ing, reconstructing, or replacing the facility and is equal to or greater than the amount specified owner’s responsibility and not the contractor’s of management expenses. in section 422. responsibility.’’.

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(2) EFFECTIVE DATE.—The amendment made sources, would be unable to make use of the as- ‘‘(ii) SALE PRICE.—A sale of a temporary hous- by paragraph (1) takes effect on the date of en- sistance provided under subparagraph (A). ing unit under clause (i) shall be at a price that actment of this Act and applies to funds appro- ‘‘(ii) PERIOD OF ASSISTANCE.—The President is fair and equitable. priated after the date of enactment of this Act, may not provide direct assistance under clause ‘‘(iii) DEPOSIT OF PROCEEDS.—Notwith- except that paragraph (1) of section 406(e) of the (i) with respect to a major disaster after the end standing any other provision of law, the pro- Robert T. Stafford Disaster Relief and Emer- of the 18-month period beginning on the date of ceeds of a sale under clause (i) shall be depos- gency Assistance Act (as amended by paragraph the declaration of the major disaster by the ited in the appropriate Disaster Relief Fund ac- (1)) takes effect on the date on which the cost President, except that the President may extend count. estimation procedures established under para- that period if the President determines that due ‘‘(iv) HAZARD AND FLOOD INSURANCE.—A sale graph (3) of that section take effect. to extraordinary circumstances an extension of a temporary housing unit under clause (i) (e) CONFORMING AMENDMENT.—Section 406 of would be in the public interest. shall be made on the condition that the indi- the Robert T. Stafford Disaster Relief and Emer- ‘‘(iii) COLLECTION OF RENTAL CHARGES.—After vidual or household purchasing the housing gency Assistance Act (42 U.S.C. 5172) is amend- the end of the 18-month period referred to in unit agrees to obtain and maintain hazard and ed by striking subsection (f). clause (ii), the President may charge fair market flood insurance on the housing unit. ‘‘(v) USE OF GSA SERVICES.—The President SEC. 206. FEDERAL ASSISTANCE TO INDIVIDUALS rent for each temporary housing unit provided. AND HOUSEHOLDS. ‘‘(2) REPAIRS.— may use the services of the General Services Ad- ‘‘(A) IN GENERAL.—The President may provide ministration to accomplish a sale under clause (a) IN GENERAL.—Section 408 of the Robert T. Stafford Disaster Relief and Emergency Assist- financial assistance for— (i). ‘‘(i) the repair of owner-occupied private resi- ‘‘(B) OTHER METHODS OF DISPOSAL.—If not ance Act (42 U.S.C. 5174) is amended to read as dences, utilities, and residential infrastructure disposed of under subparagraph (A), a tem- follows: (such as a private access route) damaged by a porary housing unit purchased under this sec- ‘‘SEC. 408. FEDERAL ASSISTANCE TO INDIVID- major disaster to a safe and sanitary living or tion by the President for the purpose of housing UALS AND HOUSEHOLDS. functioning condition; and disaster victims— ‘‘(a) IN GENERAL.— ‘‘(ii) eligible hazard mitigation measures that ‘‘(i) may be sold to any person; or ‘‘(1) PROVISION OF ASSISTANCE.—In accord- reduce the likelihood of future damage to such ‘‘(ii) may be sold, transferred, donated, or oth- ance with this section, the President, in con- residences, utilities, or infrastructure. erwise made available directly to a State or sultation with the Governor of a State, may pro- ‘‘(B) RELATIONSHIP TO OTHER ASSISTANCE.—A other governmental entity or to a voluntary or- vide financial assistance, and, if necessary, di- recipient of assistance provided under this para- ganization for the sole purpose of providing tem- rect services, to individuals and households in graph shall not be required to show that the as- porary housing to disaster victims in major dis- the State who, as a direct result of a major dis- sistance can be met through other means, except asters and emergencies if, as a condition of the aster, have necessary expenses and serious insurance proceeds. sale, transfer, or donation, the State, other gov- needs in cases in which the individuals and ‘‘(C) MAXIMUM AMOUNT OF ASSISTANCE.—The ernmental agency, or voluntary organization households are unable to meet such expenses or amount of assistance provided to a household agrees— needs through other means. under this paragraph shall not exceed $5,000, as ‘‘(I) to comply with the nondiscrimination ‘‘(2) RELATIONSHIP TO OTHER ASSISTANCE.— adjusted annually to reflect changes in the Con- provisions of section 308; and Under paragraph (1), an individual or house- sumer Price Index for All Urban Consumers ‘‘(II) to obtain and maintain hazard and flood hold shall not be denied assistance under para- published by the Department of Labor. insurance on the housing unit. graph (1), (3), or (4) of subsection (c) solely on ‘‘(3) REPLACEMENT.— ‘‘(e) FINANCIAL ASSISTANCE TO ADDRESS the basis that the individual or household has ‘‘(A) IN GENERAL.—The President may provide OTHER NEEDS.— not applied for or received any loan or other fi- financial assistance for the replacement of ‘‘(1) MEDICAL, DENTAL, AND FUNERAL EX- nancial assistance from the Small Business Ad- owner-occupied private residences damaged by a PENSES.—The President, in consultation with ministration or any other Federal agency. major disaster. the Governor of a State, may provide financial ‘‘(b) HOUSING ASSISTANCE.— ‘‘(B) MAXIMUM AMOUNT OF ASSISTANCE.—The assistance under this section to an individual or ‘‘(1) ELIGIBILITY.—The President may provide amount of assistance provided to a household household in the State who is adversely affected financial or other assistance under this section under this paragraph shall not exceed $10,000, by a major disaster to meet disaster-related med- to individuals and households to respond to the as adjusted annually to reflect changes in the ical, dental, and funeral expenses. disaster-related housing needs of individuals Consumer Price Index for All Urban Consumers ‘‘(2) PERSONAL PROPERTY, TRANSPORTATION, and households who are displaced from their published by the Department of Labor. AND OTHER EXPENSES.—The President, in con- predisaster primary residences or whose ‘‘(C) APPLICABILITY OF FLOOD INSURANCE RE- sultation with the Governor of a State, may pro- predisaster primary residences are rendered un- QUIREMENT.—With respect to assistance pro- vide financial assistance under this section to inhabitable as a result of damage caused by a vided under this paragraph, the President may an individual or household described in para- major disaster. not waive any provision of Federal law requir- graph (1) to address personal property, trans- ‘‘(2) DETERMINATION OF APPROPRIATE TYPES ing the purchase of flood insurance as a condi- portation, and other necessary expenses or seri- OF ASSISTANCE.— tion of the receipt of Federal disaster assistance. ous needs resulting from the major disaster. ‘‘(A) IN GENERAL.—The President shall deter- ‘‘(4) PERMANENT HOUSING CONSTRUCTION.— ‘‘(f) STATE ROLE.— mine appropriate types of housing assistance to The President may provide financial assistance ‘‘(1) FINANCIAL ASSISTANCE TO ADDRESS OTHER be provided under this section to individuals or direct assistance to individuals or households NEEDS.— ‘‘(A) GRANT TO STATE.—Subject to subsection and households described in subsection (a)(1) to construct permanent housing in insular areas (g), a Governor may request a grant from the based on considerations of cost effectiveness, outside the continental United States and in President to provide financial assistance to indi- convenience to the individuals and households, other remote locations in cases in which— viduals and households in the State under sub- and such other factors as the President may ‘‘(A) no alternative housing resources are section (e). consider appropriate. available; and ‘‘(B) ADMINISTRATIVE COSTS.—A State that re- ULTIPLE TYPES OF ASSISTANCE.—One or ‘‘(B) the types of temporary housing assist- ‘‘(B) M ceives a grant under subparagraph (A) may ex- more types of housing assistance may be made ance described in paragraph (1) are unavailable, pend not more than 5 percent of the amount of available under this section, based on the suit- infeasible, or not cost-effective. ‘‘(d) TERMS AND CONDITIONS RELATING TO the grant for the administrative costs of pro- ability and availability of the types of assist- HOUSING ASSISTANCE.— viding financial assistance to individuals and ance, to meet the needs of individuals and ‘‘(1) SITES.— households in the State under subsection (e). households in the particular disaster situation. ‘‘(A) IN GENERAL.—Any readily fabricated ‘‘(2) ACCESS TO RECORDS.—In providing assist- ‘‘(c) TYPES OF HOUSING ASSISTANCE.— dwelling provided under this section shall, ance to individuals and households under this ‘‘(1) TEMPORARY HOUSING.— whenever practicable, be located on a site that— section, the President shall provide for the sub- ‘‘(A) FINANCIAL ASSISTANCE.— ‘‘(i) is complete with utilities; and stantial and ongoing involvement of the States ‘‘(i) IN GENERAL.—The President may provide ‘‘(ii) is provided by the State or local govern- in which the individuals and households are lo- financial assistance to individuals or house- ment, by the owner of the site, or by the occu- cated, including by providing to the States ac- holds to rent alternate housing accommodations, pant who was displaced by the major disaster. cess to the electronic records of individuals and existing rental units, manufactured housing, ‘‘(B) SITES PROVIDED BY THE PRESIDENT.—A households receiving assistance under this sec- recreational vehicles, or other readily fabricated readily fabricated dwelling may be located on a tion in order for the States to make available dwellings. site provided by the President if the President any additional State and local assistance to the ‘‘(ii) AMOUNT.—The amount of assistance determines that such a site would be more eco- individuals and households. under clause (i) shall be based on the fair mar- nomical or accessible. ‘‘(g) COST SHARING.— ket rent for the accommodation provided plus ‘‘(2) DISPOSAL OF UNITS.— ‘‘(1) FEDERAL SHARE.—Except as provided in the cost of any transportation, utility hookups, ‘‘(A) SALE TO OCCUPANTS.— paragraph (2), the Federal share of the costs eli- or unit installation not provided directly by the ‘‘(i) IN GENERAL.—Notwithstanding any other gible to be paid using assistance provided under President. provision of law, a temporary housing unit pur- this section shall be 100 percent. ‘‘(B) DIRECT ASSISTANCE.— chased under this section by the President for ‘‘(2) FINANCIAL ASSISTANCE TO ADDRESS OTHER ‘‘(i) IN GENERAL.—The President may provide the purpose of housing disaster victims may be NEEDS.—In the case of financial assistance pro- temporary housing units, acquired by purchase sold directly to the individual or household who vided under subsection (e)— or lease, directly to individuals or households is occupying the unit if the individual or house- ‘‘(A) the Federal share shall be 75 percent; who, because of a lack of available housing re- hold lacks permanent housing. and

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00060 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.062 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9567 ‘‘(B) the non-Federal share shall be paid from ‘‘SECTION 1. SHORT TITLE. there shall be a presumption that accounting funds made available by the State. ‘‘This Act may be cited as the ‘Robert T. Staf- records were maintained that adequately iden- ‘‘(h) MAXIMUM AMOUNT OF ASSISTANCE.— ford Disaster Relief and Emergency Assistance tify the source and application of funds pro- ‘‘(1) IN GENERAL.—No individual or household Act’.’’. vided for financially assisted activities. shall receive financial assistance greater than SEC. 302. DEFINITIONS. ‘‘(2) AFFIRMATIVE EVIDENCE.—The presump- $25,000 under this section with respect to a sin- Section 102 of the Robert T. Stafford Disaster tion described in paragraph (1) may be rebutted gle major disaster. Relief and Emergency Assistance Act (42 U.S.C. only on production of affirmative evidence that ‘‘(2) ADJUSTMENT OF LIMIT.—The limit estab- 5122) is amended— the State or local government did not maintain lished under paragraph (1) shall be adjusted an- (1) in each of paragraphs (3) and (4), by strik- documentation described in that paragraph. nually to reflect changes in the Consumer Price ing ‘‘the Northern’’ and all that follows through ‘‘(3) INABILITY TO PRODUCE DOCUMENTA- Index for All Urban Consumers published by the ‘‘Pacific Islands’’ and inserting ‘‘and the Com- TION.—The inability of the Federal, State, or Department of Labor. monwealth of the Northern Mariana Islands’’; local government to produce source documenta- ‘‘(i) RULES AND REGULATIONS.—The President tion supporting expenditure reports later than 3 shall prescribe rules and regulations to carry (2) by striking paragraph (6) and inserting the years after the date of transmission of the final out this section, including criteria, standards, following: ‘‘(6) LOCAL GOVERNMENT.—The term ‘local expenditure report shall not constitute evidence and procedures for determining eligibility for as- to rebut the presumption described in paragraph sistance.’’. government’ means— (b) CONFORMING AMENDMENT.—Section ‘‘(A) a county, municipality, city, town, town- (1). 502(a)(6) of the Robert T. Stafford Disaster Re- ship, local public authority, school district, spe- ‘‘(4) RIGHT OF ACCESS.—The period during lief and Emergency Assistance Act (42 U.S.C. cial district, intrastate district, council of gov- which the Federal, State, or local government 5192(a)(6)) is amended by striking ‘‘temporary ernments (regardless of whether the council of has the right to access source documentation housing’’. governments is incorporated as a nonprofit cor- shall not be limited to the required 3-year reten- (c) ELIMINATION OF INDIVIDUAL AND FAMILY poration under State law), regional or interstate tion period referred to in paragraph (3), but GRANT PROGRAMS.—Section 411 of the Robert T. government entity, or agency or instrumentality shall last as long as the records are maintained. Stafford Disaster Relief and Emergency Assist- of a local government; ‘‘(c) BINDING NATURE OF GRANT REQUIRE- ance Act (42 U.S.C. 5178) is repealed. ‘‘(B) an Indian tribe or authorized tribal orga- MENTS.—A State or local government shall not (d) EFFECTIVE DATE.—The amendments made nization, or Alaska Native village or organiza- be liable for reimbursement or any other penalty by this section take effect 18 months after the tion; and for any payment made under this Act if— date of enactment of this Act. ‘‘(C) a rural community, unincorporated town ‘‘(1) the payment was authorized by an ap- SEC. 207. COMMUNITY DISASTER LOANS. or village, or other public entity, for which an proved agreement specifying the costs; Section 417 of the Robert T. Stafford Disaster application for assistance is made by a State or ‘‘(2) the costs were reasonable; and Relief and Emergency Assistance Act (42 U.S.C. political subdivision of a State.’’; and ‘‘(3) the purpose of the grant was accom- 5184) is amended— (3) in paragraph (9), by inserting ‘‘irrigation,’’ plished.’’. (1) by striking ‘‘(a) The President’’ and insert- after ‘‘utility,’’. SEC. 305. PUBLIC SAFETY OFFICER BENEFITS FOR ing the following: SEC. 303. FIRE MANAGEMENT ASSISTANCE. CERTAIN FEDERAL AND STATE EM- ‘‘(a) IN GENERAL.—The President’’; (a) IN GENERAL.—Section 420 of the Robert T. PLOYEES. (2) by striking ‘‘The amount’’ and inserting Stafford Disaster Relief and Emergency Assist- (a) IN GENERAL.—Section 1204 of the Omnibus the following: ance Act (42 U.S.C. 5187) is amended to read as Crime Control and Safe Streets Act of 1968 (42 ‘‘(b) AMOUNT.—The amount’’; U.S.C. 3796b) is amended by striking paragraph (3) by striking ‘‘Repayment’’ and inserting the follows: (7) and inserting the following: following: ‘‘SEC. 420. FIRE MANAGEMENT ASSISTANCE. ‘‘(7) ‘public safety officer’ means— ‘‘(c) REPAYMENT.— ‘‘(a) IN GENERAL.—The President is author- ‘‘(1) CANCELLATION.—Repayment’’; ized to provide assistance, including grants, ‘‘(A) an individual serving a public agency in (4) by striking ‘‘(b) Any loans’’ and inserting equipment, supplies, and personnel, to any an official capacity, with or without compensa- the following: State or local government for the mitigation, tion, as a law enforcement officer, as a fire- ‘‘(d) EFFECT ON OTHER ASSISTANCE.—Any management, and control of any fire on public fighter, or as a member of a rescue squad or am- loans’’; or private forest land or grassland that threat- bulance crew; (5) in subsection (b) (as designated by para- ens such destruction as would constitute a ‘‘(B) an employee of the Federal Emergency graph (2))— major disaster. Management Agency who is performing official (A) by striking ‘‘and shall’’ and inserting ‘‘(b) COORDINATION WITH STATE AND TRIBAL duties of the Agency in an area, if those official ‘‘shall’’; and DEPARTMENTS OF FORESTRY.—In providing as- duties— (B) by inserting before the period at the end sistance under this section, the President shall ‘‘(i) are related to a major disaster or emer- the following: ‘‘, and shall not exceed coordinate with State and tribal departments of gency that has been, or is later, declared to exist $5,000,000’’; and with respect to the area under the Robert T. (6) in subsection (c) (as designated by para- forestry. ‘‘(c) ESSENTIAL ASSISTANCE.—In providing as- Stafford Disaster Relief and Emergency Assist- graph (3)), by adding at the end the following: ance Act (42 U.S.C. 5121 et seq.); and ‘‘(2) CONDITION ON CONTINUING ELIGIBILITY.— sistance under this section, the President may ‘‘(ii) are determined by the Director of the A local government shall not be eligible for fur- use the authority provided under section 403. Federal Emergency Management Agency to be ther assistance under this section during any ‘‘(d) RULES AND REGULATIONS.—The President hazardous duties; or period in which the local government is in ar- shall prescribe such rules and regulations as are ‘‘(C) an employee of a State, local, or tribal rears with respect to a required repayment of a necessary to carry out this section.’’. emergency management or civil defense agency loan under this section.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) takes effect 1 year after the who is performing official duties in cooperation SEC. 208. REPORT ON STATE MANAGEMENT OF with the Federal Emergency Management Agen- SMALL DISASTERS INITIATIVE. date of enactment of this Act. Not later than 3 years after the date of enact- SEC. 304. DISASTER GRANT CLOSEOUT PROCE- cy in an area, if those official duties— ment of this Act, the President shall submit to DURES. ‘‘(i) are related to a major disaster or emer- Congress a report describing the results of the Title VII of the Robert T. Stafford Disaster gency that has been, or is later, declared to exist State Management of Small Disasters Initiative, Relief and Emergency Assistance Act (42 U.S.C. with respect to the area under the Robert T. including— 5101 et seq.) is amended by adding at the end Stafford Disaster Relief and Emergency Assist- (1) identification of any administrative or fi- the following: ance Act (42 U.S.C. 5121 et seq.); and ‘‘(ii) are determined by the head of the agency nancial benefits of the initiative; and ‘‘SEC. 705. DISASTER GRANT CLOSEOUT PROCE- (2) recommendations concerning the condi- DURES. to be hazardous duties.’’. tions, if any, under which States should be al- ‘‘(a) STATUTE OF LIMITATIONS.— (b) EFFECTIVE DATE.—The amendment made lowed the option to administer parts of the as- ‘‘(1) IN GENERAL.—Except as provided in para- by subsection (a) applies only to employees de- sistance program under section 406 of the Robert graph (2), no administrative action to recover scribed in subparagraphs (B) and (C) of section T. Stafford Disaster Relief and Emergency As- any payment made to a State or local govern- 1204(7) of the Omnibus Crime Control and Safe sistance Act (42 U.S.C. 5172). ment for disaster or emergency assistance under Streets Act of 1968 (as amended by subsection SEC. 209. STUDY REGARDING COST REDUCTION. this Act shall be initiated in any forum after the (a)) who are injured or who die in the line of Not later than 3 years after the date of enact- date that is 3 years after the date of trans- duty on or after the date of enactment of this ment of this Act, the Director of the Congres- mission of the final expenditure report for the Act. sional Budget Office shall complete a study esti- disaster or emergency. SEC. 306. BUY AMERICAN. mating the reduction in Federal disaster assist- ‘‘(2) FRAUD EXCEPTION.—The limitation under (a) COMPLIANCE WITH BUY AMERICAN ACT.— ance that has resulted and is likely to result paragraph (1) shall apply unless there is evi- No funds authorized to be appropriated under from the enactment of this Act. dence of civil or criminal fraud. this Act or any amendment made by this Act TITLE III—MISCELLANEOUS ‘‘(b) REBUTTAL OF PRESUMPTION OF RECORD may be expended by an entity unless the entity, SEC. 301. TECHNICAL CORRECTION OF SHORT MAINTENANCE.— in expending the funds, complies with the Buy TITLE. ‘‘(1) IN GENERAL.—In any dispute arising American Act (41 U.S.C. 10a et seq.). The first section of the Robert T. Stafford Dis- under this section after the date that is 3 years (b) DEBARMENT OF PERSONS CONVICTED OF aster Relief and Emergency Assistance Act (42 after the date of transmission of the final ex- FRAUDULENT USE OF ‘‘MADE IN AMERICA’’ LA- U.S.C. 5121 note) is amended to read as follows: penditure report for the disaster or emergency, BELS.—

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00061 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.062 pfrm01 PsN: H10PT1 H9568 CONGRESSIONAL RECORD — HOUSE October 10, 2000 (1) IN GENERAL.—If the Director of the Federal tleman from Pennsylvania (Mr. SHU- fice of Pipeline Safety and pipeline Emergency Management Agency determines that STER) and the gentleman from Min- companies accountable to Congress and a person has been convicted of intentionally nesota (Mr. OBERSTAR) each will con- to our communities. I strongly urge affixing a label bearing a ‘‘Made in America’’ trol 20 minutes. my colleagues to support this bill. inscription to any product sold in or shipped to the United States that is not made in America, The Chair recognizes the gentleman Mr. SHUSTER. Mr. Speaker, I yield the Director shall determine, not later than 90 from Pennsylvania (Mr. SHUSTER). myself such time as I may consume. days after determining that the person has been Mr. SHUSTER. Mr. Speaker, I yield 3 Returning now to H.R. 707, I would so convicted, whether the person should be minutes to the gentlewoman from note that I have no further requests for debarred from contracting under the Robert T. Washington (Ms. DUNN) who I am sure time but simply would point out, I un- Stafford Disaster Relief and Emergency Assist- will be able to tie our interest in this derstand we have strong bipartisan ance Act (42 U.S.C. 5121 et seq.). legislation back to the pipeline safety support on this legislation which is the (2) DEFINITION OF DEBAR.—In this subsection, bill that we have just passed. norm in our committee. What this leg- the term ‘‘debar’’ has the meaning given the Ms. DUNN. I thank the gentleman for term in section 2393(c) of title 10, United States islation does, the Disaster Mitigation Code. yielding me this time. Act of 2000 marks the first major SEC. 307. TREATMENT OF CERTAIN REAL PROP- Mr. Speaker, I want to thank the amendments to the Stafford Disaster ERTY. gentleman from Pennsylvania (Mr. Relief Act since 1988. I would urge (a) IN GENERAL.—Notwithstanding the Na- SHUSTER) for bringing Senate bill 2438 strong support for it. tional Flood Insurance Act of 1968 (42 U.S.C. to the floor and I want to make a few Mr. Speaker, I reserve the balance of 4001 et seq.), the Flood Disaster Protection Act comments on it. I appreciate his lead- my time. of 1973 (42 U.S.C. 4002 et seq.), or any other pro- ership and commitment to passing a Mr. OBERSTAR. Mr. Speaker, I yield vision of law, or any flood risk zone identified, very strong pipeline safety bill. myself such time as I may consume. delineated, or established under any such law We are all aware of the tragedy of (by flood insurance rate map or otherwise), the I will resist the temptation to rebut real property described in subsection (b) shall pipeline accidents. In Washington the statements just made on pipeline not be considered to be, or to have been, located State, as I am sure Members have safety, made out of order, out of reg- in any area having special flood hazards (in- heard from the gentleman from Wash- ular time, except to say that we had cluding any floodway or floodplain). ington (Mr. METCALF), we have been time to get a better bill. We still could (b) REAL PROPERTY.—The real property de- dealing with this important issue ever do it, there is plenty of time left in this scribed in this subsection is all land and im- since three young boys were tragically session, we still can work things out, provements on the land located in the Maple killed by a pipeline explosion in Bel- Terrace Subdivisions in the city of Sycamore, and we ought to. DeKalb County, Illinois, including— lingham on June 10, 1999, in our State This disaster mitigation legislation (1) Maple Terrace Phase I; of Washington. After consulting with does represent the very best, however, (2) Maple Terrace Phase II; the parents of the three youngsters and of comity between the two parties in (3) Maple Terrace Phase III Unit 1; the mayors of the communities in the this House and the two sides of our (4) Maple Terrace Phase III Unit 2; (5) Maple Terrace Phase III Unit 3; district I represent, I have supported committee. The benefit of this bill is (6) Maple Terrace Phase IV Unit 1; stronger pipeline inspection require- that it establishes a predisaster miti- (7) Maple Terrace Phase IV Unit 2; and ments than this bill provides. But I gation program based on the very effec- (8) Maple Terrace Phase IV Unit 3. truly believe that Senate bill 2438 is a tive Project Impact initiative that em- (c) REVISION OF FLOOD INSURANCE RATE LOT meaningful step forward in strength- phasizes local community involvement MAPS.—As soon as practicable after the date of ening our laws and protecting the peo- enactment of this Act, the Director of the Fed- critical to the success of implementing eral Emergency Management Agency shall re- ple we represent. I believe, too, that a long-term strategies for disaster resist- vise the appropriate flood insurance rate lot vote against this pipeline safety bill is ance. maps of the agency to reflect the treatment a vote for the status quo. A status quo This is the first time at the Federal under subsection (a) of the real property de- in which communities are unable to level that we will be providing a mech- scribed in subsection (b). gather information about the pipelines anism and funding to address problems SEC. 308. STUDY OF PARTICIPATION BY INDIAN that run under their schools and neigh- before they occur. If we can avoid TRIBES IN EMERGENCY MANAGE- borhoods; a status quo that does not in- MENT. losses, we can avoid future tragedies, (a) DEFINITION OF INDIAN TRIBE.—In this sec- crease penalties for those who fail to we will save tens of millions of dollars, tion, the term ‘‘Indian tribe’’ has the meaning comply with the law; and a status quo and that is the essential character of given the term in section 4 of the Indian Self- that says pipeline companies do not this legislation, the essential contribu- Determination and Education Assistance Act (25 have to report a leak until 2,100 gallons tion that it makes. U.S.C. 450b). have been spilled into our commu- I rise in support of H.R. 707, the Disaster (b) STUDY.— nities. Mitigation Act of 2000, the third and final time (1) IN GENERAL.—The Director of the Federal Emergency Management Agency shall conduct a Mr. Speaker, the status quo is not that we take up this legislation in this body. study of participation by Indian tribes in emer- enough. We cannot simply place our This legislation represents tireless work on the gency management. hopes on future legislation and fail to part of the gentlewoman from Florida who has (2) REQUIRED ELEMENTS.—The study shall— protect those who live near the pipe- given exhausting hours of her time to fashion (A) survey participation by Indian tribes in lines today. It is time to pass a strong a bill that will be effective and that will respond training, predisaster and postdisaster mitiga- pipeline safety bill and demand that to the concerns that she has expressed so tion, disaster preparedness, and disaster recov- the Office of Pipeline Safety enforce it. ery programs at the Federal and State levels; well, not only in Florida but elsewhere around and Today, we have an opportunity to pass this country. The cooperative work that she (B) review and assess the capacity of Indian a substantive pipeline bill that will in- has undertaken with our ranking member, the tribes to participate in cost-shared emergency crease and improve safety in our com- gentleman from Ohio (Mr. TRAFICANT), has management programs and to participate in the munities. It requires pipeline compa- been exemplary. I appreciate the many visits management of the programs. nies to provide information to the pub- that we have had about this and about the ter- (3) CONSULTATION.—In conducting the study, lic and emergency agencies. It in- rorism commission legislation which I will ad- the Director shall consult with Indian tribes. (c) REPORT.—Not later than 1 year after the creases fines for noncompliance and dress in a moment. date of enactment of this Act, the Director shall the caps on maximum enforcement The benefits of the disaster mitigation bill submit a report on the study under subsection penalties. It requires pipeline compa- are that first of all it establishes a predisaster (b) to— nies to report any spills over five gal- mitigation program based on the very effective (1) the Committee on Environment and Public lons so that our communities will be Project Impact initiative. Project Impact em- Works of the Senate; well informed and ready to respond. phasizes local community involvement that is (2) the Committee on Transportation and In- frastructure of the House of Representatives; And it provides local citizens a forum critical to the success of implementing long- (3) the Committee on Appropriations of the in which to make recommendations to term strategies for disaster resistance. Senate; and the Federal Government about the This is the first time that we will be attempt- (4) the Committee on Appropriations of the pipelines in their own neighborhoods. ing at the Federal level to address problems House of Representatives. Pipeline safety does not end today. before they occur. I think properly so, because The SPEAKER pro tempore (Mr. This is a beginning. And we can build if we address problems that we know cause DICKEY). Pursuant to the rule, the gen- upon this beginning by holding the Of- increased losses, we can avoid those losses

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00062 Fmt 4634 Sfmt 9920 E:\CR\FM\A10OC7.062 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9569 in the future disasters that we know are likely ceeding $30 billion. Andrew is the costliest ance. It encourages States to be more active to occur. These initiatives, rather modest in major disaster in U.S. history. in providing assistance, and to assume re- this bill, will translate into millions of dollars of Of course, Floridians are not the only ones sponsibility for administering benefits where savings. at risk from natural disasters. In the past 10 the state chooses to do so. It also protects the There are, however, a couple of concerns years every State and territory in the Union taxpayer by encouraging those communities that I have about the legislation. Both House has been adversely impacted by a natural dis- suffering from repetitive losses to undertake and Senate bills require non-profit entities to aster. efforts to reduce those losses. But it also pro- seek loans from the Small Business Adminis- This Nation simply can't afford to keep ex- tects the local community by establishing a 3- tration as a precondition of assistance. But, posing our people and their property to these year limitation on FEMA's ability to review an certain non-profits are singled out not for what disasters. assistance grant for compliance with law and they do but for who they are. Libraries, muse- In the past, Congress has focused on as- regulation. ums and shelters should not be discriminated sisting the victims of disasters after the dam- It is my understanding that there were some against in this fashion. It is not a fatal flaw in age is done: Since 1989, Congress has spent Members of the other body that had some the bill, not one that would cause me to op- over $25 billion on disaster relief. concerns about the part of the bill that con- pose it, but one that I hope can be revisited Our emphasis needs to change. H.R. 707 tained the Council for Terrorism Prepared- and fixed in the future. significantly increases Federal assistance for ness. I am sorry that we were not able to work Second, the bill authorizes funding only for projects that prevent damage before hurri- out those concerns. We missed a tremendous the next three fiscal years. I believe that over- canes and other disasters strike. opportunity to help organize and prepare for sight of this program will demonstrate its This money can be used for such projects any future terrorist attacks against our nation. value, and that there will be a continuing need as strengthening schools, providing shelters I am disappointed about that. I hope we will to work with communities for many years. I for evacuees, and hurricane-proofing homes. If have a chance in the future to pass a bill on look forward to working to extend this pro- used in the right way, such spending should terrorism preparedness. gram. decrease overall Federal spending by reduc- Mr. Speaker, disaster mitigation is such an The Senate has removed language requir- ing the disaster relief needed after a disaster extremely important and urgent issue for our ing the establishment of a President's Council hits. country. I support the Disaster Mitigation Act on Domestic Terrorism and Preparedness With more emphasis on mitigation we will of 2000, and urge my colleagues to support it. within the Executive Office of the President. have less to fear from natural disasters and Mr. OBERSTAR. Mr. Speaker, I yield The gentlewoman has again devoted tireless reduce the threat to our families and property. back the balance of my time. hours and very deep personal conviction to I want to thank Mr. BOEHLERT for all his Mr. SHUSTER. Mr. Speaker, I yield this legislation. This is not something that she work on this bill as well as the ranking mem- back the balance of my time. has undertaken as a gesture, but as a matter ber of the subcommittee Mr. TRAFICANT. The SPEAKER pro tempore. The of very deep conviction. I have been greatly I also want to thank Chairman SHUSTER and question is on the motion offered by persuaded by her activism, by her profound the ranking minority member of the full com- the gentleman from Pennsylvania (Mr. self-assurance based on case studies and mittee, Mr. OBERSTAR, for their support and SHUSTER) that the House suspend the careful analysis of the situation and the failure encouragement. rules and concur in the Senate amend- of the existing system to perform as intended. While I am very pleased to support final ment to the House amendment to the I support the establishment of the Presi- passage of H.R. 707, I am disappointed that Senate amendment to the bill, H.R. 707. dent's council. I worked to mediate between the Senate failed to retain a section of the bill The question was taken; and (two- the subcommittee and the Office of Manage- establishing a President's council to coordi- thirds having voted in favor thereof) ment and Budget and White House staff. I nate domestic terrorism preparedness pro- the rules were suspended and the Sen- think under the circumstances this is a sound, grams. ate amendment to the House amend- reasonable, responsible initiative. As the gen- There is clearly more work that needs to be ment to the Senate amendment was tlewoman has said to me, in years to come done to prepare and protect the public from concurred in. after she enters retirement, she does not want man-caused disasters. I have no doubt that A motion to reconsider was laid on to look back on a tragedy and say, ``That the next Congress will continue to grapple with the table. could have been prevented. I could have done this important issue. f Regardless of this omission, this is still an something while I was in Congress.'' She tried GENERAL LEAVE her hardest to do something, Mr. Speaker. excellent bill and I urge my colleagues to sup- But, the Senate has refused to acquiesce. port H.R. 707. Mr. SHUSTER. Mr. Speaker, I ask That is unfortunate, but the unwillingness of I want to thank my subcommittee staff: unanimous consent that all Members the Senate causes us to accept the agree- Marcus Peacock, Charlie Ziegler, Miki White, may have 5 legislative days within ment on mitigation and address terrorism pre- Denise Beshaw, and Dan Shulman for their which to revise and extend their re- paredness at a later date. dedication and hard work throughout the year marks on H.R. 707, the bill just passed. Mr. Speaker, I reserve the balance of in getting this legislation passed. The SPEAKER pro tempore. Is there my time. Mr. TRAFICANT. Mr. Speaker, I rise in objection to the request of the gen- Mr. SHUSTER. Mr. Speaker, I yield strong support of H.R. 707, the Disaster Miti- tleman from Pennsylvania? myself such time as I may consume. gation Amendments Act of 2000. The amend- There was no objection. I would like to comment that I un- ments establish a predisaster mitigation grant f derstand there has been some byplay program, make it easier for states to admin- MOTOR CARRIER FUEL COST among our staffs, perhaps, on an issue ister the Federal program, and enhance state EQUITY ACT OF 2000 of whether or not we are going to move efforts to prepare for and respond to disasters. to the next bill which is strongly sup- Before I continue, I would like to thank Mr. SHUSTER. Mr. Speaker, I move ported by the gentleman from West Chairman SHUSTER and Ranking Democratic to suspend the rules and pass the bill Virginia (Mr. RAHALL). It has been sug- Member OBERSTAR for their assistance on this (H.R. 4441) to amend title 49, United gested to me that there might be some legislation. I also would like to commend and States Code, to provide a mandatory tactics on both our parts to delay this. thank Chairman FOWLER for her leadership, fuel surcharge for transportation pro- That is not my style. I am quite pre- her hard work and her willingness to listen to vided by certain motor carriers, and for pared once we dispose of this to move all the stakeholders, the Administration and other purposes, as amended. ahead with the gentleman from West Members, in an effort to make this the best The Clerk read as follows: Virginia’s legislation because it is the legislation it could be. She indeed has done H.R. 4441 right thing to do. If we have anything an admirable job. Be it enacted by the Senate and House of Rep- else we need to fight out, we can do The Disaster Mitigation Act of 2000 is about resentatives of the United States of America in Congress assembled, that later. being prepared for natural disasters. By estab- SECTION 1. SHORT TITLE. Mr. Speaker, I reserve the balance of lishing and funding a pre-disaster mitigation This Act may be cited as the ‘‘Motor Carrier my time. program, we can lessen the human and finan- Fuel Cost Equity Act of 2000’’. Mrs. FOWLER. Mr. Speaker, I rise in strong cial losses associated with natural disasters SEC. 2. MANDATORY FUEL SURCHARGE. support of this important legislation. such as hurricanes, floods, and earthquakes. (a) IN GENERAL.—Chapter 137 of title 49, In 1992, Hurricane Andrew slammed into This bill also simplifies the Federal-State re- United States Code, is amended by adding at the the coast of Florida resulting in total losses ex- lationship in providing Federal disaster assist- end the following:

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00063 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.038 pfrm01 PsN: H10PT1 H9570 CONGRESSIONAL RECORD — HOUSE October 10, 2000 ‘‘§ 13714. Fuel surcharge ‘‘§ 13715. Negotiated fuel adjustments Subcommittee on Ground Transpor- ‘‘(a) MANDATORY FUEL SURCHARGE.— ‘‘(a) IN GENERAL.—Nothing in section 13714 tation held a hearing to examine the ‘‘(1) ASSESSMENT OF SURCHARGE.—Any motor shall be construed to abrogate provisions relat- price spikes in gasoline and diesel mar- carrier, broker, or freight forwarder subject to ing to fuel cost adjustments in any transpor- kets. At this meeting, a number of op- jurisdiction under chapter 135 regularly pro- tation contract or agreement in effect on the tions were discussed to bring relief to viding truck-load transportation service shall date of enactment of the Motor Carrier Fuel those hardest hit by those spikes, such assess under each contract or agreement for Cost Equity Act of 2000 and any renewal of such as enabling truckers to negotiate rates such service the payor of transportation charges a contract or agreement thereafter. Nothing in a surcharge under this section, or a surcharge this section and sections 13714 and 14102 shall be that reflect their increased fuel costs. or other fuel cost adjustment permitted under construed to prohibit any motor carrier, broker, Three months later, the subcommittee section 13715, for fuel used in the transportation or freight forwarder from including any reason- convened a panel of truck drivers, ship- provided to such payor commencing when an in- able privately negotiated fuel cost adjustment pers and representatives from motor crease in the price of such fuel surpasses the provision in any contract or agreement to pro- carriers and other transportation benchmark in paragraph (2). A surcharge as- vide transportation. intermediaries to hear testimony on sessed under this section by the motor carrier, ‘‘(b) CONTINUATION OF AUTHORITY.—Nothing the gentleman from West Virginia’s broker, or freight forwarder shall be calculated in section 13714 shall impair the ability of any (Mr. RAHALL) bill, H.R. 4441, to require person to enter into any contract or agreement on the basis of mileage or percentage of revenue a mandatory fuel surcharge. (whichever basis the motor carrier, broker, or after the date of enactment of the Motor Carrier freight forwarder elects) and shall be the Fuel Cost Equity Act of 2000 that provides for a The Committee on Transportation amount necessary to compensate the motor car- fuel adjustment under this section or section and Infrastructure then worked for sev- rier, broker, or freight forwarder or other person 13714 during any period in which no fuel sur- eral months to address the concerns responsible for paying for fuel for the difference charge is required under section 13714.’’. raised and to craft a bill we could all in the price of fuel between the Current Fuel (b) CLERICAL AMENDMENT.—The analysis for support. The bill we are considering Price and the Fuel Price Norm determined under chapter 137 of such title is amended by adding today includes numerous changes to paragraph (2). at the end the following: the original bill. ‘‘(2) BENCHMARK.— ‘‘13714. Fuel surcharge. In July, the Subcommittee on ‘‘(A) IN GENERAL.—The benchmark referred to ‘‘13715. Negotiated fuel adjustments.’’. Ground Transportation approved a sub- in paragraph (1) is the difference between the SEC. 3. CONFORMING AMENDMENT. stitute amendment by voice vote and Current Fuel Price and the Fuel Price Norm, Section 14102 of title 49, United States Code, is later that day the full committee ap- when such difference exceeds $0.05. amended by adding at the end the following: ‘‘(B) CURRENT FUEL PRICE.—The Current Fuel proved the subcommittee’s amendment ‘‘(c) MANDATORY PASS-THROUGH TO COST Price referred to in paragraph (1) and subpara- unanimously, which is generally the BEARER.— graph (A) shall be determined from the latest way our committee works. H.R. 4441 ‘‘(1) IN GENERAL.—A motor carrier, broker, or weekly Energy Information Administration’s freight forwarder providing transportation or helps trucking companies and particu- Average Retail On-Highway Diesel Prices, Na- service using motor vehicles not owned by it and larly independent operators weather tional U.S. Average, as published by the Depart- using fuel not paid for by it— the diesel fuel price spikes in the same ment of Energy. ‘‘(A) shall pass through to the person respon- way that the large trucking companies ‘‘(C) FUEL PRICE NORM.—The Fuel Price Norm sible for paying for fuel any fuel surcharge re- have been able to do for years. By in- referred to in paragraph (1) and subparagraph quired pursuant to section 13714, or fuel cost ad- cluding a fuel surcharge as part of the (A) shall be determined by calculating the latest justment permitted under section 13715, or pro- 52-week average of the Average Retail On-High- total transportation bill, these small vided for in transportation contracts or agree- business truckers, these independent way Diesel Prices referred to in subparagraph ments; (B). ‘‘(B) shall disclose in writing to the person re- truckers, will not see their already ‘‘(b) IMPLEMENTATION.—The surcharge re- sponsible for paying for fuel the amount of all slim margins disappear when the price ferred to in subsection (a)(1) shall be— freight rates and charges and fuel surcharges of diesel fuel rises sharply and sud- ‘‘(1) calculated on the date the shipment is under section 13714 and fuel cost adjustments denly. tendered to the motor carrier, broker, or freight permitted under section 13715 applicable to such This bill, as amended in committee, forwarder; transportation or service; and has my support. I urge its passage here ‘‘(2) itemized separately on the motor carrier, ‘‘(C) is prohibited from— today. broker, or freight forwarder’s invoices; and ‘‘(i) intentionally reducing compensatory Mr. Speaker, I reserve the balance of ‘‘(3) paid by the payor of the related transpor- transportation costs (other than the fuel sur- tation charges. my time. charge) to the person responsible for paying for Mr. RAHALL. Mr. Speaker, I yield ‘‘(c) FACTORS.—For purposes of calculating a fuel for the purpose of adjusting for or avoiding surcharge under this section— myself such time as I may consume. the pass through of the fuel surcharge; and Mr. Speaker, I would first like to ex- ‘‘(1) average fuel economy is 5 miles per gallon ‘‘(ii) intentionally imposing a fuel cost adjust- for calendar year 2000 and shall be determined ment in accordance with section 13715 for the press my deep appreciation to the gen- on January 1 of such year thereafter by the Sec- purpose of avoiding any payment under this tleman from Pennsylvania (Mr. SHU- retary of Transportation; and section or section 13714. STER) for bringing this piece of legisla- ‘‘(2) mileage means the number of paid miles ‘‘(2) LIMITATION ON AUTHORITY.—Notwith- tion to the floor. I commend the states- driven as determined under the Department of standing any other provision of this part, the manlike manner in which he has just Defense, Military Traffic Management Com- person responsible for paying for fuel may only conducted himself in the statement he mand’s ‘Defense Table of Official Distances’. bring an action to enforce this section under made prior to consideration of this bill. ‘‘(d) LIMITATION ON AUTHORITY.—Notwith- section 14704 against the motor carrier, freight standing any other provision of this part, any I have known that to be true through forwarder, or broker providing the transpor- our many years of work together on action to enforce this section under section 14704 tation services with vehicles not owned by it. may only be brought by the motor carrier, Neither the Secretary of Transportation nor the the Committee on Transportation and broker, or freight forwarder that provided the Surface Transportation Board shall have regu- Infrastructure. We have worked in a transportation services against the payor of the latory or enforcement authority relating to pro- very gentlemanly manner and in a bi- transportation charges or by the payor of the visions of this subsection. partisan manner, I might add, as well. transportation charges against the motor car- ‘‘(3) EFFECTIVE PERIOD.—Paragraphs (1) and I commend the gentleman from Min- rier, broker, of freight forwarder that provided (2) shall be in effect beginning the 60th day fol- nesota (Mr. OBERSTAR), the ranking the transportation services. In such action, a lowing the date of enactment of this section and member, for his support of this legisla- court shall only have the authority to determine ending September 30, 2003.’’. whether a fuel surcharge assessed under this tion and his help as well. section has been assessed or paid. A court shall The SPEAKER pro tempore. Pursu- It is supported, as the chairman has not have the authority in such action to review ant to the rule, the gentleman from said, by a bipartisan group of Members, any other charges imposed by the provider of Pennsylvania (Mr. SHUSTER) and the including the assistant whip on the the transportation services. Neither the Sec- gentleman from West Virginia (Mr. RA- majority side the gentleman from Mis- retary of Transportation nor the Surface Trans- HALL) each will control 20 minutes. souri (Mr. BLUNT). This bill seeks to portation Board shall have regulatory or en- The Chair recognizes the gentleman address a real and pressing crisis facing forcement authority relating to provisions of from Pennsylvania (Mr. SHUSTER). an important segment of our trucking this section. Mr. SHUSTER. Mr. Speaker, I yield industry. That problem is twofold: ‘‘(e) EFFECTIVE PERIOD.—Subsections (a) through (d) and section 13715 shall be in effect myself such time as I may consume. First, owner-operators are being hit beginning the 60th day following the date of en- Today, the House is considering H.R. hard by high diesel fuel prices and sim- actment of this section and ending September 30, 4441, the Motor Carrier Fuel Cost Eq- ply do not have the market clout to ne- 2003. uity Act of 2000. Earlier this year, the gotiate the same sort of arrangement

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.032 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9571 that the larger companies can to offset the attention of the Teamsters Union, series of hearings on the fuel crisis; those costs. Unable to cope with high which is exploring ways to organize meeting with industry groups and the diesel prices, many owner-operators these truck drivers and is working to Teamsters Union and others to explore are simply unable to continue in busi- bring public attention to their plight. different ideas about what we could do ness. In fact, fuel prices were the pri- In conclusion, Mr. Speaker, I say let as a Congress to react to this crisis to mary factor in the 1,365 trucking com- us strike a blow for the little guy, the help the little guy, to help the person pany bankruptcies which occurred dur- small businessman, and for the integ- who does not have the power in the ing the first 6 months of this year. Sec- rity of our economy by passing the marketplace to impose pass-through ond, coupled with a national driver pending legislation. clauses and provisions as some of the shortage, just-in-time deliveries are Mr. Speaker, I reserve the balance of larger truckers do, so that they are not being threatened, fewer transportation my time. overwhelmed by swings in energy alternatives for shippers are available, Mr. SHUSTER. Mr. Speaker, I yield 7 prices, but do have an opportunity to and consumers could face a rise in the minutes to the gentleman from Wis- adjust and to continue in business; and price of various goods and commod- consin (Mr. PETRI), the distinguished that is the basic purpose of the act be- ities. chairman of the Subcommittee on fore us. As such, the pending legislation pro- Ground Transportation. This reflects, I think, the sensitivity vides owner-operators, shippers and Mr. PETRI. Mr. Speaker, I thank the and the concern that my colleague, the consumers with a safety net by ensur- gentleman from Pennsylvania (Mr. gentleman from West Virginia (Mr. RA- HALL), and that we all have to try to do ing that any fuel surcharges assessed SHUSTER) for yielding me this time. something constructive in this area. I are ultimately passed on to the entity Mr. Speaker, I rise to speak on H.R. think that this crisis continues. I am which actually purchases the fuel. And 4441, the bill before us today. Before I sure, regardless of what happens in the just what is a fuel surcharge? It is a do, I just think I would like to take a upcoming election, our committee will long established practice in the indus- minute to point out that this may be be eager and responsive to deal with try under which a shipper pays to the the last piece of legislation that comes out of the subcommittee that I have the problems that people in the trans- trucking companies the difference be- portation sector have. tween what is deemed to be a baseline had the privilege of chairing for the last 6 years. Under the rules that have The bill before us, H.R. 4441, as has cost of diesel fuel and any sudden and been mentioned, seeks to ease the ef- been set in the House since 1994, we dramatic increases in the cost of that fect of sudden and dramatic increases have term limits for chairmen and sub- fuel, such as what we are experiencing in the cost of fuel on the trucking in- committee chairmen, so I will not be today. Independent owner-operators, dustry by ensuring that these added chairing that subcommittee in the next however, are not in the position to ne- costs can be recovered. Under the pro- Congress, should I be fortunate enough gotiate fuel surcharges or, where they visions of the bill, the spike in the to be reelected. exist, be paid the fuel surcharge. And price of diesel fuel will trigger a man- During those 6 years I have had the when you consider that two-thirds of datory surcharge to be assessed to the opportunity to work with a remarkable the trucking operations in the country party paying for the transportation ranking Democrat on that sub- today operate six or fewer trucks, we costs of the motor carrier transporting committee, and that is my colleague are talking about a sizable segment of the goods. This automatic surcharge is from West Virginia (Mr. RAHALL). Our the industry. imposed when there is a 5 cent dis- committee has been, I think, the most The pending legislation, as originally parity between the latest week’s na- introduced, would have imposed a man- productive committee, as a whole, in tional average and the previous year’s datory fuel surcharge program. It has the Congress of the United States over national average for diesel fuel. In this been modified to fully take into ac- this period of time, and that is some- way, those businesses hit hardest by count privately negotiated fuel sur- thing that no one person could bring surges in the fuel market will be able charge programs. No existing fuel sur- about. Only a group of people working to recoup additional costs by passing charge arrangement would be abro- cooperatively together were able to ac- them along to the shipper as part of gated and any future privately nego- complish that. the total bill. tiated programs of this nature would That means that that is a bipartisan This past July, the Committee on not be precluded. accomplishment, and I think that Transportation and Infrastructure ap- Let me repeat. Any current and fu- while we clearly do not agree on every- proved a substitute amendment that ture privately negotiated fuel sur- thing that this committee has to deal represents a bipartisan effort to perfect charge agreements are fully respected with or this Congress has to deal with, the original text of the bill. This sub- by the pending legislation. And I re- we all agree, regardless of party on our stitute permits companies to include peat that a third time. Past, current or Committee on Transportation and In- privately negotiated fuel adjustments; future privately negotiated fuel sur- frastructure, on the importance of and, second, it clarifies the provision charge agreements are fully respected. transportation infrastructure and and provides the right to sue to collect The essential feature of this bill is transportation investment and a need the surcharge; and, third, it includes a that it provides a private right of ac- to keep up on the public side of the sunset provision that terminates the tion as a means to ensure that the en- ledger with investment and needed in- mandatory surcharge at the end of tity which actually pays for the fuel frastructure to keep our economy budget year 2003. At that point, Con- receives the surcharge. No Federal strong and growing; and we have gress will be able to review the effec- Government enforcement. No cost to worked together, industry, labor, the tiveness of the bill before us. the taxpayers. Just simply equity and safety community, the environmental Mr. Speaker, our committee is the fairness. community, in this effort. largest committee in the Congress; our Mr. Speaker, America watched the The door has always been open of our subcommittee is the largest sub- economies of Britain and France chairman, of the gentleman from West committee in the Congress. The poten- thrown into chaos on the issue of diesel Virginia (Mr. RAHALL), and I hope I can tial for chaos, or at least disorder and fuel prices. I have already noted the say that of myself, to listen to dif- delay, was perhaps great; but in fact large number of industry bankruptcies ferent people with ideas on legislation the cooperation and the achievement taking place in this country. and to do what we could to bring them instead have been great. We hear a lot together to a common productive re- about the decline of civility and an in- b 1745 sult. crease of partisan bickering in this Coupled with a shortage of up to This legislation before us today is Congress; and I think the fact of the 80,000 truck drivers, we have a formula just one example of that spirit. Its matter is, those who go about their for disaster in the making. prime author is a member of the mi- business quietly achieving results I might add that high fuel prices nority party; but it is before us today, sometimes are lost among the din but have also had a devastating effect on and I think it is going to receive bipar- are, in truth, a growing number. This the Nation’s port drivers as well. Their tisan support. It came out of a hearing committee has prospered in this Con- poor working condition has come to that our committee had, or perhaps a gress. Members have sought to be on

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.106 pfrm01 PsN: H10PT1 H9572 CONGRESSIONAL RECORD — HOUSE October 10, 2000 the committee. The fact that people and about 25 percent of all of those fairly when the Nation goes through seek to be on this committee shows were enacted into law. That is an ex- the kind of fuel price spikes that we that most Members of this House, when traordinary record. One does not get have been experiencing these last sev- given the chance, want to be a part of those just by being good scouts. It is eral months. a productive team. done by working together, resolving b 1800 So I just want to say that as we con- differences, coming to the floor with a clude the second session of this Con- unified product that can win the re- This bill goes a long way toward pro- gress with the passage of this impor- spect and the majority vote in the viding the kind of relief that those tant legislation, H.R. 4441, I appreciate House. hard-pressed, hard-working men and the spirit that has enabled us to reach This bill before us today, the Motor women need in these difficult times. I this point; and I commend it to some Carrier Fuel Cost Equity Act of 2000, is urge the passage of this legislation. other committees in this Congress. an example. I commend the chairman Mr. SHUSTER. Mr. Speaker, I am Mr. RAHALL. Mr. Speaker, I yield of the subcommittee, the gentleman pleased to yield 5 minutes to the dis- myself 30 seconds. from Wisconsin (Mr. PETRI), the gen- tinguished gentleman from Missouri Mr. Speaker, I certainly want to tleman from West Virginia (Mr. RA- (Mr. BLUNT). commend the gentleman from Wis- HALL), the ranking member of the sub- Mr. BLUNT. Mr. Speaker, I thank consin (Mr. PETRI) for his excellent committee, who initiated the legisla- the chairman for yielding time to me, statement and say to him as well that tion and whose sensitivity to the prob- and thank him and the ranking mem- it has been my pleasure to serve with lems of this segment of the trucking ber for their support of this legislation. him for the last 6 years under his industry has made it possible for us to I certainly am appreciative that the chairmanship of the Subcommittee on be here today. He listened. He under- gentleman from West Virginia (Mr. RA- Ground Transportation. It has truly stood the problems. He told the small HALL) saw this problem and drafted leg- been an enjoyable experience, not nec- motor carriers who have less influence islation, and I was glad to join him as essarily the position where my chair is; in transportation markets than the one of the early cosponsors of this bill, but certainly serving next to the gen- larger motor carriers that he would H.R. 4441. tleman from Wisconsin (Mr. PETRI) has initiate legislation on their behalf; This Motor Carrier Fuel Cost Equity been a delight. He has always held would take the action; would first get Act is a bill that is really designed to comprehensive and very timely hear- a hearing and then see if we could draft bring temporary emergency relief to an ings on not only this issue but other legislation, which he did. Now we are industry that, maybe more than any issues. He has spoken of the bipartisan- here on this floor today, and I hope other industry in the country, has been ship of our committee and the camara- this bill moves not only through our caught in a devastating situation by derie, and I certainly salute him and body but the other body and on to the these rapid increases in fuel prices. wish him Godspeed. President for signature into law. This is an industry where the cost of Mr. SHUSTER. Mr. Speaker, I re- Fuel costs represent a larger propor- fuel is everything, and it is an industry serve the balance of my time. tion of small carriers’ operating budg- where so many trucks are operated by Mr. RAHALL. Mr. Speaker, I yield ets. Assuming that freight rates are the people who own those trucks. Their such time as he may consume to the based on true costs, it is obvious small entire livelihood is dependent on what gentleman from Minnesota (Mr. OBER- carriers have greater difficulty passing happens in that truck that month. STAR), the distinguished ranking mem- along price increases that represent a Their entire livelihood is dependent on ber of our committee. larger portion of their operating costs what the repair costs of the trucks are, Mr. OBERSTAR. Mr. Speaker, I than do the large carriers. what the fuel costs, what the tire costs thank the gentleman from West Vir- Data provided in 1998 by carriers with are. ginia (Mr. RAHALL) for yielding me this $3 million or more in annual revenue Many of these owner-operators, I see time. show that fuel costs represent only 5 to them in my district, are husband-and- Mr. Speaker, I, first of all, want to 6 percent of large carrier operating wife driving teams, sometimes with a congratulate our full committee chair- budgets. Those percentages may be one child that is not ready for school yet man, the gentleman from Pennsylvania or two points higher today due to re- riding right along with them and see- (Mr. SHUSTER), on his superb leadership cent price increases. Owner-operators ing the country. over these 6 years. This may not be the typically do not report cost informa- But their plans were made, their bids last bill we bring to the floor of the tion to the Department of Transpor- were offered, their arrangements were House. We certainly have plenty of tation. We understand, however, from entered into anticipating a much lower time for another bill on pipeline safety. our discussions with the industry that cost in the price of fuel, so we have We could do that yet. But over the fuel costs really represent about 30 per- seen this huge increase in fuel in the years of his chairmanship, he has done cent of an owner-operator’s operating last several months. Over 70 percent of a superb job reconciling differences; budget. Obviously, those conditions put motor carriers have six or fewer bringing people together; building the smaller carriers at a disadvantage trucks. These are men and women who America; investing in the Nation’s fu- in a fuel price inflationary era such as haul almost all of our produce, live- ture; strengthening the Nation’s infra- we are now experiencing. Seventy per- stock, consumer goods, building mate- structure. It has been an extraordinary cent of owner-operators have lease ar- rials, raw materials. They are the in- record of achievement, not only in our rangements with larger carriers, and dispensable engine that drives this field of transportation and related they ought to be treated fairly by the economy. They fill in the gaps where issues but also I think, as the gen- carriers they lease to. This bill re- people need a load taken here or taken tleman from Wisconsin (Mr. PETRI) al- quires that the fuel surcharge paid by there, where people have not really luded to, in a time when politics is rife shippers be passed on through to who- adequately planned to have everything and rancor is rampant both inside and ever is paying for fuel under the lease they needed done done, but there is an outside this body, the Committee on arrangement. Most often, that is the independent owner-operator there Transportation and Infrastructure has independent owner-operator. ready to do that job. proceeded in a cooperative, bipartisan So the gentleman from West Virginia As they have seen these fuel prices go spirit of understanding and keeping our deserves high praise for recognizing the up 70 percent, reaching record high eye on the objective and doing some- very real and personal hardships faced prices in just the last month, thou- thing good for America. by independent truckers and their fam- sands of truckers have gone out of In addition, in the last Congress this ilies, brought on by these higher fuel business. Fuel prices are only predicted committee handled more than 24 per- prices. The gentleman has been out in to go even higher in the next few cent of all the bills enacted into law. the highways and the byways and lis- months, putting in peril the future of So far in this Congress, at least in this tened to those who drive the trucks, thousands of small businessmen and session of the Congress, nearly a third listened to those who face the financial businesswomen. of all the bills that moved through the cost price squeeze and recognize that Safety is an issue as they are more House moved through this committee independent truckers should be treated and more stressed to pay the bills with

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.107 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9573 the bids that they have out there. They ANNOUNCEMENT BY THE SPEAKER Millender- Ramstad Stump McDonald Regula Sununu have many problems. This bill helps PRO TEMPORE Miller, Gary Reynolds Sweeney small businesses at no cost to tax- The SPEAKER pro tempore. Pursu- Minge Roemer Tancredo payers. There is no Federal enforce- ant to clause 8 of rule XX, the Chair Moakley Rogan Tanner ment. It helps truckers cope with the Mollohan Rogers Tauscher will now put the question on each mo- Moran (KS) Rohrabacher Tauzin high cost of diesel by ensuring that any tion to suspend the rules on which fur- Moran (VA) Ros-Lehtinen Taylor (MS) fuel charge assessed is paid to the per- ther proceedings were postponed ear- Murtha Royce Taylor (NC) son who actually purchased the fuel. Myrick Ryan (WI) Terry lier today. Napolitano Ryun (KS) Thomas We need to end this series of bank- Votes will be taken in the following Neal Salmon Thornberry ruptcies among small truckers. We order: Nethercutt Sandlin Thune need to be sure that we keep competi- Ney Schaffer Tiahrt S. 2438, de novo; Northup Sensenbrenner Toomey tion in this marketplace. Competition H.R. 208, by the yeas and nays; Norwood Sessions Traficant is ultimately what keeps prices down H.R. 762, by the yeas and nays. Nussle Shadegg Turner and makes our economy work. I am The Chair will reduce to 5 minutes Ortiz Shaw Upton wholeheartedly in support of this bill. Ose Shimkus Vitter the time for any electronic vote after Oxley Shows Walden Mr. BEREUTER. Mr. Speaker, this the first such vote in this series. Packard Shuster Walsh Member rises today to express his op- Peterson (PA) Simpson Watkins position to H.R. 4441, the Motor Carrier f Petri Sisisky Watts (OK) Pickering Skeen Weldon (FL) Fuel Cost Equity Act. This legislation Pickett Slaughter Weldon (PA) would require any motor carrier, PIPELINE SAFETY IMPROVEMENT Pitts Smith (MI) Weller broker or freight forwarder regularly ACT OF 2000 Pomeroy Smith (TX) Whitfield providing truckload transportation Portman Souder Wicker The SPEAKER pro tempore. The Price (NC) Spence Wolf service, to assess the payer of transpor- pending business is the question of sus- Pryce (OH) Spratt Wynn tation a fuel surcharge whenever an in- pending the rules and passing the Sen- Quinn Stearns Young (AK) crease in the price of fuel surpasses the ate bill, S. 2438. Radanovich Stenholm Young (FL) benchmark difference between the cur- The Clerk read the title of the Senate NAYS—158 rent fuel price and the fuel price norm bill. Abercrombie Hilliard Pascrell by five cents. The SPEAKER pro tempore. The Ackerman Hinchey Pastor Most assuredly, this Member is very question is on the motion offered by Allen Hinojosa Paul the gentleman from Pennsylvania (Mr. Andrews Hoeffel Payne concerned about truckers, especially Baca Holden Pease small and independent trucking firms, SHUSTER) that the House suspend the Baird Holt Peterson (MN) regarding the burden of high costs of rules and pass the Senate bill, S. 2438. Baldwin Hoyer Phelps fuel. However, H.R. 4441 is very ill-con- The question was taken. Barrett (WI) Inslee Porter Becerra Jackson (IL) Rahall sidered legislation because it decreases Mr. OBERSTAR. Mr. Speaker, on Bereuter Johnson (CT) Rangel the pressure on the petroleum industry that I demand the yeas and nays. Berkley Johnson, E. B. Rivers to keep prices down by placing the bur- The yeas and nays were ordered. Berman Jones (OH) Rodriguez The vote was taken by electronic de- Berry Kaptur Rothman den of higher prices on consumers Bishop Kennedy Roukema across America. This tactic is clearly a vice, and there were—yeas 232, nays Blumenauer Kildee Roybal-Allard mistake. Federal regulations requiring 158, not voting 42, as follows: Bonior Kilpatrick Rush companies to forward increased prices [Roll No. 519] Borski Kind (WI) Sabo Boswell Kleczka Sanchez to consumers will not decrease fuel YEAS—232 Boucher Kucinich Sanders prices. This Member is committed to Aderholt Davis (VA) Hayes Brady (PA) LaFalce Sanford helping the small and independent Armey Deal Hayworth Brown (OH) Lantos Sawyer Bachus Delahunt Hefley Capps Larson Saxton truckers who are hurting from higher Cardin Lee Scarborough gasoline prices by working to decrease Baker DeLay Herger Baldacci DeMint Hill (MT) Chenoweth-Hage Levin Schakowsky the price of fuel. Ballenger Diaz-Balart Hilleary Clay Lewis (GA) Scott Mr. RAHALL. Mr. Speaker, I have no Barcia Dickey Hobson Clayton Lipinski Serrano Clyburn LoBiondo Shays further requests for time, and I yield Barrett (NE) Dicks Hooley Bartlett Dooley Horn Conyers Lofgren Sherman back the balance of my time. Barton Doolittle Hostettler Costello Lowey Sherwood Mr. SHUSTER. Mr. Speaker, I yield Bass Doyle Houghton Coyne Luther Skelton Crowley Maloney (NY) Smith (NJ) back the balance of my time. Bentsen Dreier Hulshof Biggert Duncan Hunter Cummings Manzullo Smith (WA) The SPEAKER pro tempore (Mr. Bilbray Dunn Hutchinson Davis (IL) Markey Snyder DICKEY). The question is on the motion Bilirakis Edwards Hyde DeFazio Mascara Stabenow DeGette Matsui Strickland offered by the gentleman from Penn- Blunt Ehlers Isakson Boehlert Ehrlich Istook DeLauro McCarthy (MO) Stupak sylvania (Mr. SHUSTER) that the House Boehner Emerson Jackson-Lee Deutsch McCarthy (NY) Thompson (CA) suspend the rules and pass the bill, Bonilla English (TX) Dingell McDermott Thompson (MS) H.R. 4441, as amended. Boyd Everett Jenkins Dixon McGovern Thurman Brady (TX) Ewing John Doggett McKinney Tierney The question was taken; and (two- Bryant Fletcher Johnson, Sam Engel McNulty Towns thirds having voted in favor thereof) Burr Foley Jones (NC) Evans Meehan Udall (CO) Burton Fossella Kanjorski Filner Meek (FL) Udall (NM) the rules were suspended and the bill, Forbes Menendez Velazquez as amended, was passed. Buyer Fowler Kelly Callahan Frost King (NY) Frank (MA) Metcalf Visclosky A motion to reconsider was laid on Calvert Gallegly Kingston Frelinghuysen Moore Wamp the table. Camp Gekas Kuykendall Ganske Morella Waters Canady Gibbons LaHood Gejdenson Nadler Watt (NC) Cannon Gilchrest Lampson Gephardt Oberstar Waxman f Capuano Gillmor Latham Gordon Obey Weiner Castle Gilman LaTourette Hall (OH) Olver Wexler Chabot Gonzalez Leach Hastings (FL) Owens Woolsey GENERAL LEAVE Chambliss Goode Lewis (CA) Hill (IN) Pallone Mr. SHUSTER. Mr. Speaker, I ask Clement Goodlatte Lewis (KY) Coble Goodling Linder NOT VOTING—42 unanimous consent that all Members Coburn Goss Lucas (KY) Archer Danner Kasich may have 5 legislative days within Collins Graham Lucas (OK) Barr Eshoo Klink which to revise and extend their re- Combest Granger Maloney (CT) Blagojevich Etheridge Knollenberg Condit Green (TX) Martinez Bliley Farr Kolbe marks on H.R. 707 and H.R. 4441. Cooksey Green (WI) McCrery Bono Fattah Largent The SPEAKER pro tempore. Is there Cox Greenwood McHugh Brown (FL) Ford Lazio objection to the request of the gen- Cramer Gutknecht McInnis Campbell Franks (NJ) McCollum Cubin Hall (TX) McIntyre Carson Gutierrez McIntosh tleman from Pennsylvania? Cunningham Hansen McKeon Cook Hoekstra Meeks (NY) There was no objection. Davis (FL) Hastings (WA) Mica Crane Jefferson Miller (FL)

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.111 pfrm01 PsN: H10PT1 H9574 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Miller, George Reyes Weygand Everett Levin Rothman Davis (FL) Knollenberg Rangel Mink Riley Wilson Ewing Lewis (CA) Roukema Eshoo Kolbe Reyes Pelosi Stark Wise Filner Lewis (GA) Roybal-Allard Etheridge Largent Riley Pombo Talent Wu Fletcher Lewis (KY) Royce Farr Lazio Salmon Foley Linder Rush Fattah Manzullo Stark b 1830 Forbes Lipinski Ryan (WI) Ford McCollum Stearns Fossella LoBiondo Ryun (KS) Franks (NJ) McIntosh Talent Messrs. RAHALL, OWENS, MEEHAN Fowler Lofgren Sabo Gillmor Meeks (NY) Weldon (FL) and NADLER changed their vote from Frank (MA) Lowey Sanchez Gutierrez Miller (FL) Weygand ‘‘yea’’ to ‘‘nay’’. Frelinghuysen Lucas (KY) Sanders Hoekstra Miller, George Wilson Frost Lucas (OK) Sandlin Jefferson Mink Wise Ms. MILLENDER-MCDONALD and Gallegly Luther Sanford Kasich Pelosi Wu Mr. BARCIA changed their vote from Ganske Maloney (CT) Sawyer Klink Pombo ‘‘nay’’ to ‘‘yea’’. Gejdenson Maloney (NY) Saxton b So (two-thirds not having voted in Gekas Markey Scarborough 1837 Gephardt Martinez Schaffer favor thereof) the motion was rejected. Gibbons Mascara Schakowsky So (two-thirds having voted in favor The result of the vote was announced Gilchrest Matsui Scott thereof) the rules were suspended and as above recorded. Gilman McCarthy (MO) Sensenbrenner the Senate amendments were con- Gonzalez McCarthy (NY) Serrano curred in. f Goode McCrery Sessions Goodlatte McDermott Shadegg The result of the vote was announced ANNOUNCEMENT BY THE SPEAKER Goodling McGovern Shaw as above recorded. PRO TEMPORE Gordon McHugh Shays A motion to reconsider was laid on Goss McInnis Sherman The SPEAKER pro tempore (Mr. Graham McIntyre Sherwood the table. Shimkus Stated for: GUTKNECHT). Pursuant to clause 8 of Granger McKeon Green (TX) McKinney Shows rule XX, the Chair will reduce to 5 min- Mr. STEARNS. Mr. Speaker, on rollcall No. Green (WI) McNulty Shuster 520, I was unavoidably detained. Had I been utes the minimum time for electronic Greenwood Meehan Simpson voting on each additional motion to Gutknecht Meek (FL) Sisisky present, I would have voted ``yes.'' Hall (OH) Menendez Skeen f suspend the rules on which the Chair Hall (TX) Metcalf Skelton has postponed further proceedings. Slaughter Hansen Mica LUPUS RESEARCH AND CARE Hastings (FL) Millender- Smith (MI) f Hastings (WA) McDonald Smith (NJ) AMENDMENTS OF 2000 Hayes Miller, Gary Smith (TX) The SPEAKER pro tempore. The FEDERAL THRIFT SAVINGS PLAN Hayworth Minge Smith (WA) PARTICIPATION ACT Hefley Moakley Snyder pending business is the question of sus- Herger Mollohan Souder pending the rules and passing the bill, The SPEAKER pro tempore. The Hill (IN) Moore Spence H.R. 762, as amended. Spratt pending business is the question of sus- Hill (MT) Moran (KS) The Clerk read the title of the bill. pending the rules and concurring in the Hilleary Moran (VA) Stabenow Stenholm The SPEAKER pro tempore. The Senate amendments to the bill, H.R. Hilliard Morella Hinchey Murtha Strickland question is on the motion offered by 208. Hinojosa Myrick Stump the gentleman from Florida (Mr. BILI- The Clerk read the title of the bill. Hobson Nadler Stupak RAKIS) that the House suspend the rules The SPEAKER pro tempore. The Hoeffel Napolitano Sununu Holden Neal Sweeney and pass the bill, H.R. 762, as amended, question is on the motion offered by Holt Nethercutt Tancredo on which the yeas and nays are or- Tanner the gentlewoman from Maryland (Mrs. Hooley Ney dered. MORELLA) that the House suspend the Horn Northup Tauscher Tauzin This will be a 5-minute vote. rules and concur in the Senate amend- Hostettler Norwood Houghton Nussle Taylor (MS) The vote was taken by electronic de- ments to the bill, H.R. 208, on which Hoyer Oberstar Taylor (NC) vice, and there were—yeas 385, nays 2, Hulshof Obey Terry the yeas and nays are ordered. not voting 45, as follows: This will be a 5-minute vote. Hunter Olver Thomas Hutchinson Ortiz Thompson (CA) [Roll No. 521] The vote was taken by electronic de- Hyde Ose Thompson (MS) vice, and there were—yeas 382, nays 0, Inslee Owens Thornberry YEAS—385 not voting 50, as follows: Isakson Oxley Thune Abercrombie Brady (PA) Davis (VA) Istook Packard Thurman Ackerman Brady (TX) Deal [Roll No. 520] Jackson (IL) Pallone Tiahrt Aderholt Brown (OH) DeFazio YEAS—382 Jackson-Lee Pascrell Tierney Allen Bryant DeGette (TX) Pastor Toomey Andrews Burr Delahunt Abercrombie Boswell Coyne Jenkins Paul Towns Armey Burton DeLauro Ackerman Boucher Cramer John Payne Traficant Baca Buyer DeLay Aderholt Boyd Crowley Johnson (CT) Pease Turner Bachus Callahan DeMint Allen Brady (PA) Cubin Johnson, E. B. Peterson (MN) Udall (CO) Baird Calvert Deutsch Andrews Brady (TX) Cummings Johnson, Sam Peterson (PA) Udall (NM) Baker Camp Diaz-Balart Armey Brown (OH) Cunningham Jones (NC) Petri Upton Baldacci Canady Dickey Baca Bryant Davis (IL) Jones (OH) Phelps Velazquez Baldwin Cannon Dicks Bachus Burr Davis (VA) Kanjorski Pickering Visclosky Ballenger Capps Dingell Baird Burton Deal Kaptur Pickett Vitter Barcia Capuano Dixon Baker Buyer DeFazio Kelly Pitts Walden Barrett (NE) Cardin Doggett Baldacci Callahan DeGette Kennedy Pomeroy Walsh Barrett (WI) Castle Dooley Baldwin Calvert Delahunt Kildee Porter Wamp Bartlett Chabot Doolittle Ballenger Camp DeLauro Kilpatrick Portman Waters Barton Chambliss Doyle Barcia Canady DeLay Kind (WI) Price (NC) Watkins Bass Chenoweth-Hage Dreier Barrett (NE) Cannon DeMint King (NY) Pryce (OH) Watt (NC) Becerra Clay Duncan Barrett (WI) Capps Deutsch Kingston Quinn Watts (OK) Bentsen Clayton Dunn Barton Capuano Diaz-Balart Kleczka Radanovich Waxman Bereuter Clement Edwards Bass Cardin Dickey Kucinich Rahall Weiner Berkley Clyburn Ehlers Becerra Castle Dicks Kuykendall Ramstad Weldon (PA) Berman Coble Ehrlich Bentsen Chabot Dingell LaFalce Regula Weller Berry Collins Emerson Bereuter Chambliss Dixon LaHood Reynolds Wexler Biggert Combest Engel Berkley Chenoweth-Hage Doggett Lampson Rivers Whitfield Bilbray Condit English Berman Clay Dooley Lantos Rodriguez Wicker Bilirakis Conyers Everett Berry Clayton Doolittle Larson Roemer Wolf Bishop Cooksey Ewing Biggert Clement Doyle Latham Rogan Woolsey Blumenauer Costello Filner Bilbray Clyburn Dreier LaTourette Rogers Wynn Blunt Cox Fletcher Bilirakis Coble Duncan Leach Rohrabacher Young (AK) Boehlert Coyne Foley Bishop Coburn Dunn Lee Ros-Lehtinen Young (FL) Boehner Cramer Forbes Blumenauer Collins Edwards Bonilla Crowley Fossella Blunt Combest Ehlers NOT VOTING—50 Bonior Cubin Fowler Boehlert Condit Ehrlich Borski Cummings Frank (MA) Boehner Conyers Emerson Archer Bliley Carson Boswell Cunningham Frelinghuysen Bonilla Cooksey Engel Barr Bono Cook Boucher Davis (FL) Frost Bonior Costello English Bartlett Brown (FL) Crane Boyd Davis (IL) Gallegly Borski Cox Evans Blagojevich Campbell Danner

VerDate 02-OCT-2000 06:22 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.033 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9575 Ganske Lowey Royce Eshoo Klink Pombo leged report (Rept. No. 106–952) on the Gejdenson Lucas (KY) Rush Etheridge Knollenberg Reyes Gekas Lucas (OK) Ryan (WI) Evans Kolbe Riley resolution (H. Res. 616) waiving points Gephardt Luther Ryun (KS) Farr Largent Schakowsky of order against the conference report Gibbons Maloney (CT) Sabo Fattah Lazio Spratt to accompany the bill (H.R. 4205) to au- Gilchrest Maloney (NY) Salmon Ford McCollum Stark thorize appropriations for fiscal year Gillmor Manzullo Sanchez Franks (NJ) McIntosh Talent Gilman Markey Sanders Gutierrez Meeks (NY) Weygand 2001 for military activities of the De- Gonzalez Martinez Sandlin Hoekstra Miller (FL) Wilson partment of Defense and for military Goode Mascara Sawyer Jefferson Miller, George Wise construction, to prescribe military per- Goodlatte Matsui Saxton Kasich Mink Wu sonnel strengths for fiscal year 2001, Goodling McCarthy (MO) Scarborough Gordon McCarthy (NY) Schaffer b 1846 and for other purposes, which was re- Goss McCrery Scott ferred to the House Calendar and or- Graham McDermott Sensenbrenner So (two-thirds having voted in favor dered to be printed. Granger McGovern Serrano thereof) the rules were suspended and f Green (TX) McHugh Sessions the bill, as amended, was passed. Green (WI) McInnis Shadegg REPORT ON RESOLUTION WAIVING Greenwood McIntyre Shaw The result of the vote was announced Gutknecht McKeon Shays as above recorded. POINTS OF ORDER AGAINST CON- Hall (OH) McKinney Sherman A motion to reconsider was laid on FERENCE REPORT ON H.R. 4461, Hall (TX) McNulty Sherwood the table. AGRICULTURE, RURAL DEVELOP- Hansen Meehan Shimkus MENT, FOOD AND DRUG ADMIN- Hastings (FL) Meek (FL) Shows f Hastings (WA) Menendez Shuster ISTRATION, AND RELATED Hayes Metcalf Simpson REMOVAL OF NAME OF MEMBER AGENCIES APPROPRIATIONS Hayworth Mica Sisisky AS COSPONSOR OF HOUSE RESO- ACT, 2001 Hefley Millender- Skeen Herger McDonald Skelton LUTION 184, H.R. 745, H.R. 1640, Mr. REYNOLDS, from the Com- Hill (IN) Miller, Gary Slaughter AND H.R. 3634 mittee on Rules, submitted a privi- Hill (MT) Minge Smith (MI) leged report (Rept. No. 106–953) on the Hilleary Moakley Smith (NJ) Mr. BRADY of Texas. Mr. Speaker, I Hilliard Mollohan Smith (TX) ask unanimous consent that my name resolution (H. Res. 617) waiving points Hinchey Moore Smith (WA) be removed as a cosponsor from the fol- of order against the conference report Hinojosa Moran (KS) Snyder lowing bills: House Resolution 184, H.R. to accompany the bill (H.R. 4461) mak- Hobson Moran (VA) Souder ing appropriations for Agriculture, Hoeffel Morella Spence 745, H.R. 1640, and H.R. 3634. Holden Murtha Stabenow I believe there may have been some Rural Development, Food and Drug Ad- Holt Myrick Stearns confusion with the gentleman from ministration, and Related Agencies Hooley Nadler Stenholm programs for the fiscal year ending Horn Napolitano Strickland Pennsylvania (Mr. BRADY). Hostettler Neal Stump The SPEAKER pro tempore (Mr. September 30, 2001, and for other pur- Houghton Nethercutt Stupak GUTKNECHT). Is there objection to the poses, which was referred to the House Hoyer Ney Sununu request of the gentleman from Texas? Calendar and ordered to be printed. Hulshof Northup Sweeney f Hunter Norwood Tancredo There was no objection. Hutchinson Nussle Tanner f ENERGY AND WATER DEVELOP- Hyde Oberstar Tauscher MENT APPROPRIATIONS ACT, Inslee Obey Tauzin FURTHER MESSAGE FROM THE Isakson Olver Taylor (MS) 2001—VETO MESSAGE FROM THE Istook Ortiz Taylor (NC) SENATE PRESIDENT OF THE UNITED Jackson (IL) Ose Terry A further message from the Senate STATES (H. DOC. NO. 106-299) Jackson-Lee Owens Thomas (TX) Oxley Thompson (CA) by Mr. Lundregan, one of its clerks, an- The SPEAKER pro tempore laid be- Jenkins Packard Thompson (MS) nounced that the Senate has passed fore the House the following veto mes- John Pallone Thornberry with amendment in which the concur- Johnson (CT) Pascrell Thune sage from the President of the United Johnson, E. B. Pastor Thurman rence of the House of requested, a bill States: Johnson, Sam Payne Tiahrt of the House of the following title: To the House of Representatives: Jones (NC) Pease Tierney H.R. 2389. An Act to restore stability and I am returning herewith without my Jones (OH) Pelosi Toomey predictability to the annual payments made Kanjorski Peterson (MN) Towns approval, H.R. 4733, the ‘‘Energy and Kaptur Peterson (PA) Traficant to States and counties containing National Water Development Appropriations Kelly Petri Turner Forest System lands and public domain Act, 2001.’’ The bill contains an unac- Kennedy Phelps Udall (CO) lands managed by the Bureau of Land Man- ceptable rider regarding the Army Kildee Pickering Udall (NM) agement for use by the counties for the ben- Corps of Engineers’ master operating Kilpatrick Pickett Upton´ efit of public schools, roads, and other pur- Kind (WI) Pitts Velazquez poses. manual for the Missouri River. In addi- King (NY) Pomeroy Visclosky tion, it fails to provide funding for the Kingston Porter Vitter f Kleczka Portman Walden California-Bay Delta initiative and in- Kucinich Price (NC) Walsh REPORT ON RESOLUTION PRO- cludes nearly $700 million for over 300 Kuykendall Pryce (OH) Wamp VIDING FOR CONSIDERATION OF unrequested projects. LaFalce Quinn Waters Section 103 would prevent the Army LaHood Radanovich Watkins MOTIONS TO SUSPEND THE Lampson Rahall Watt (NC) RULES Corps of Engineers from revising the operating manual for the Missouri Lantos Ramstad Watts (OK) Mr. REYNOLDS, from the Com- Larson Rangel Waxman River that is 20 years old and needs to Latham Regula Weiner mittee on Rules, submitted a privi- be updated based on the most recent LaTourette Reynolds Weldon (FL) leged report (Rept. No. 106–951) on the scientific information. In its current Leach Rivers Weldon (PA) resolution (H. Res. 615) providing for Lee Rodriguez Weller form, the manual simply does not pro- Levin Roemer Wexler consideration of motions to suspend vide an appropriate balance among the Lewis (CA) Rogan Whitfield the rules, which was referred to the competing interests, both commercial Lewis (GA) Rogers Wicker House Calendar and ordered to be Lewis (KY) Rohrabacher Wolf and recreational, of the many people Linder Ros-Lehtinen Woolsey printed. who seek to use this great American Lipinski Rothman Wynn f river. The bill would also undermine LoBiondo Roukema Young (AK) Lofgren Roybal-Allard Young (FL) implementation of the Endangered REPORT ON RESOLUTION WAIVING Species Act by preventing the Corps of NAYS—2 POINTS OF ORDER AGAINST CON- Engineers from funding reasonable and FERENCE REPORT ON H.R. 4205, Paul Sanford much-needed changes to the operating FLOYD D. SPENCE NATIONAL DE- manual for the Missouri River. The NOT VOTING—45 FENSE AUTHORIZATION ACT FOR Corps and the U.S. Fish and Wildlife Archer Bono Coburn FISCAL YEAR 2001 Service are entering a critical phase in Barr Brown (FL) Cook Blagojevich Campbell Crane Mr. REYNOLDS, from the Com- their Section 7 consultation on the ef- Bliley Carson Danner mittee on Rules, submitted a privi- fects of reservoir project operations.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00069 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.037 pfrm01 PsN: H10PT1 H9576 CONGRESSIONAL RECORD — HOUSE October 10, 2000 This provision could prevent the Corps extends the solvency of Social Security ing great American until later in this from carrying out a necessary element and Medicare, provides for an appro- 1-hour. of any reasonable and prudent alter- priately sized tax cut, establishes a Madam Speaker, I yield such time as native to avoid jeopardizing the contin- new voluntary Medicare prescription he may consume to the gentleman ued existence of the endangered least drug benefit in the context of broader from Minnesota (Mr. SABO). tern and pallid sturgeon, and the reforms, expands health care coverage (Mr. SABO asked and was given per- threatened piping plover. to more families, and funds critical in- mission to revise and extend his re- In addition to the objectionable re- vestments for our future. I urge the marks.) striction placed upon the Corps of En- Congress to work expeditiously to de- Mr. SABO. Madam Speaker, I thank gineers, the bill fails to provide fund- velop a bill that addresses the needs of my colleague, the gentleman from Min- ing for the California-Bay Delta initia- the Nation. nesota (Mr. OBERSTAR), for yielding me tive. This decision could significantly WILLIAM J. CLINTON. this time. hamper ongoing Federal and State ef- THE WHITE HOUSE, October 7, 2000. It is a sad day. BRUCE VENTO and I forts to restore this ecosystem, protect The SPEAKER pro tempore. The ob- have been friends for 30 years. I remem- the drinking water of 22 million Cali- jections of the President will be spread ber him when he came to the Min- fornians, and enhance water supply and at large upon the Journal, and the mes- nesota State legislature as a new mem- reliability for over 7 million acres of sage and bill will be printed as a House ber. We served 6 years together there, highly productive farmland and grow- document. then he preceded me by 2 years in Con- ing urban areas across California. The Mr. PACKARD. Mr. Speaker, I ask gress. I watched this young man, who $60 million budget request, all of which unanimous consent that further con- came to the State legislature as an would be used to support activities sideration of the veto message be post- eager young freshman legislator, grow that can be carried out using existing poned until Wednesday, October 11. into one of our great national leaders authorities, is the minimum necessary The SPEAKER pro tempore. Is there on so many issues. to ensure adequate Federal participa- objection to the request of the gen- I want to offer my condolences to his tion in these initiatives, which are es- tleman from California? wife, Susan, to his sons, his grand- sential to reducing existing conflicts There was no objection. children, and the rest of the Vento among water users in California. This f family. BRUCE was always very close to funding should be provided without leg- his family and so proud of them. That islative restrictions undermining key EXPRESSING SORROW OF THE was part of his being, just as being environmental statutes or disrupting HOUSE AT THE DEATH OF THE from the east side of St. Paul was part the balanced approach to meeting the HONORABLE BRUCE VENTO, of his being. He never forgot those needs of water users and the environ- MEMBER OF CONGRESS FROM roots. He represented the people of that ment that has been carefully developed THE STATE OF MINNESOTA district with a passion. through almost 6 years of work with Mr. OBERSTAR. Mr. Speaker, I offer BRUCE was a person with passion for the State of California and interested a privileged resolution (H. Res. 618) and many, many things: to make sure that stakeholders. ask for its immediate consideration. the recent immigrants, the Hmong The bill also fails to provide suffi- The Clerk read the resolution, as fol- from his district, who had served our cient funding necessary to restore en- lows: country, could become citizens. dangered salmon in the Pacific North- H. RES. 618 b 1900 west, which would interfere with the Resolved, That the House has heard with Corps of Engineers’ ability to comply profound sorrow of the death of the Honor- A broad array of housing legislation with the Endangered Species Act, and able Bruce F. Vento, a Representative from with little special emphasis on the provides no funds to start the new con- the State of Minnesota. homeless, but it really went to the to- struction project requested for the Resolved, That a committee of such Mem- tality of housing programs in this Florida Everglades. The bill also fails bers of the House as the Speaker may des- country because he felt people needed ignate, together with such Members of the decent housing, to dealing with the to fund the Challenge 21 program for Senate as may be joined, be appointed to at- environmentally friendly flood damage tend the funeral. complexity of how we deal with finan- reduction projects, the program to Resolved, That the Sergeant at Arms of the cial institutions in this country. modernize Corps recreation facilities, House be authorized and directed to take I always thought it was so fitting and construction of an emergency out- such steps as may be necessary for carrying that BRUCE, the biology teacher in let at Devil’s Lake. In addition, it does out the provisions of these resolutions and south Minneapolis, became chair of our not fully support efforts to research that the necessary expenses in connection Subcommittee on National Parks and and develop nonpolluting, domestic therewith be paid out of applicable accounts Public Lands because this was another of the House. real passion for him. And he left a real sources of energy through solar and re- Resolved, That the Clerk communicate newable technologies that are vital to these resolutions to the Senate and transmit legacy in terms of expanded public America’s energy security. a copy thereof to the family of the deceased. lands, expanded parks and a whole va- Finally, the bill provides nearly $700 Resolved, That when the House adjourns riety of other public facilities in this million for over 300 unrequested today, it adjourn as a further mark of re- country that will be a legacy for many, projects, including: nearly 80 spect to the memory of the deceased. many future generations to enjoy. unrequested projects totaling more The SPEAKER pro tempore (Mrs. So it is a sad day. But I think, and than $330 million for the Department of FOWLER). The gentleman from Min- most importantly, of simply a good Energy; nearly 240 unrequested nesota (Mr. OBERSTAR) is recognized for friend. projects totaling over $300 million for 1 hour. Mr. OBERSTAR. Madam Speaker, I the Corps of Engineers’ and, more than Mr. OBERSTAR. Madam Speaker, I am now happy to yield to the gen- 10 unrequested projects totaling in ex- yield myself such time as I may con- tleman from New York (Mr. GILMAN) cess of $10 million for the Bureau of sume. the chairman of the Committee on Reclamation. For example, more than Madam Speaker, it was with great International Relations. 80 unrequested Corps of Engineers con- sadness, a sense of personal loss, and a (Mr. GILMAN asked and was given struction projects included in the bill loss to this body that at the opening of permission to revise and extend his re- would have a long-term cost of nearly session today I took the well to an- marks.) $2.7 billion. These unrequested projects nounce that at 11:20 this morning our Mr. GILMAN. Madam Speaker, I and earmarks come at the expense of colleague, our dear friend, BRUCE thank the gentleman for yielding. other initiatives important to tax- VENTO, succumbed to mesothelioma, Madam Speaker, I rise in support of paying Americans. asbestos-induced cancer of the lung and the privileged resolution offered by the The American people deserve Govern- peritoneal cavity. gentleman from Minnesota (Mr. OBER- ment spending based upon a balanced Madam Speaker, I will reserve my STAR). approach that maintains fiscal dis- comments for this great and distin- I want to express my deep sorrow re- cipline, eliminates the national debt, guished legislator, friend, hard-work- garding the passing of not only a good

VerDate 02-OCT-2000 06:31 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00070 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.060 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9577 colleague who was an outstanding much compassion, so much dignity. I his integrity, his work ethic, his strong Member of this Chamber, but a dear am sure that his constituents are the commitment to the people of Min- friend. ones that are feeling the loss as much nesota will continue to inspire all of I have known BRUCE VENTO since he as anybody, because he really went to us. first came to this Chamber back in bat for them. No matter who they May you rest in peace, dear friend. 1976. He brought with him at that time were, no matter what status in life Mr. OBERSTAR. Madam Speaker, I an enthusiasm, a dedication and patri- they came from, BRUCE VENTO was al- yield now to the gentleman from Min- otism which caused him to become one ways there fighting for his constitu- nesota (Mr. LUTHER). of our most respected colleagues on ents. Mr. LUTHER. Madam Speaker, I both sides of the aisle. I extend the deepest condolences to thank very much the gentleman from Having enjoyed three successful his wife Susan and his family, who Minnesota (Mr. OBERSTAR) for orga- terms in the State legislature of Min- BRUCE thought so much of. nizing this evening’s effort, the leader nesota, BRUCE brought with him to this BRUCE and I worked together on a lot of our delegation in Minnesota. Chamber a deep understanding of the of things. We agreed on a lot of things, Madam Speaker, I think one of the legislative process and the knowledge and there were things that we did not most difficult things that any of us can of how to get things done. agree on. But the thing that I really do is to come to this floor to talk In a testimonial just this past June, appreciated about BRUCE was that, about the passing of a friend and a col- President Clinton credited BRUCE with even though we sometimes would be on league. And I, like the others, want to steering into law more than 300 bills to opposite sides of the issue, we always extend my sympathies to Susan, a good protect our Nation’s natural resources. were good friends and he always treat- friend as well, and to the entire Vento I had the opportunity to come to ed us with tremendous respect and dig- family. The family is just an out- know BRUCE well when we had occasion nity. standing Minnesota family, and I want to travel together overseas. He partici- I just think that he is, without a to extend my sympathies to each and pated on several occasions in the U.S. doubt, one of the greatest Members of every member. delegation that meets with the Euro- this House. He will be missed a lot by BRUCE was a dear friend and an ex- pean parliament where he made par- myself and I think all of our colleagues tremely sincere, hard-working, dedi- ticularly significant contributions to and especially by the people of Min- cated person as a Member of this body. discussions on areas such as trans- nesota. He touched all of us in so many ways. atlantic cooperation to protect the en- So I thank the gentleman very much The adjectives could go on and on vironment. for inviting me to speak. when describing a person like BRUCE. I As chairman of the House Committee Mr. OBERSTAR. Madam Speaker, I think most people will remember him on International Relations, I worked now yield to the gentleman from Min- for his tireless work on behalf of the closely with BRUCE in his commendable nesota (Mr. RAMSTAD). environment, on behalf of the home- efforts to make American citizens of Mr. RAMSTAD. Madam Speaker, I less. I will remember him for these ef- the Hmong, an ethnic Laotian group thank my friend for yielding and for forts and a dimension that has already which fought with our own forces dur- organizing this resolution and tribute been touched on here but that is the di- ing the Vietnam conflict. These coura- to our dear friend and colleague, the mension of always looking out for the geous people were indeed fortunate to gentleman from Minnesota (Mr. interest of the common person. have such a champion as BRUCE VENTO. VENTO). When Democrats controlled the This is, Madam Speaker, truly a sad No matter what the issue was, BRUCE just had this ability to see beyond the House, BRUCE VENTO served as chair- day for all Minnesotans. We have lost a man of our Subcommittee on Natural great public servant. Congress has lost special interests and all the glamor of Resources, and in that capacity he its champion of the environment. Washington and the influences in helped my own district preserve Ster- Our thoughts and prayers are cer- Washington and just look at how this ling Forest as a virgin territory. tainly with BRUCE’s family, with his would affect the common person and To his wife Susan and his three sons, wonderful wife, Susan Lynch Vento; how he could best represent that com- my spouse Georgia and I and our col- with BRUCE’s sons, Michael, Peter and mon person. leagues unite in extending our deep John; and their families as well. I will also remember BRUCE as a leg- condolences with the knowledge that For 24 years, BRUCE VENTO served the islator who was more concerned about BRUCE VENTO was a giant among us people of Minnesota’s Fourth Congres- rolling up his sleeves and getting the whose shoes will be difficult to fill. sional District with great integrity and job done rather than issuing press re- Mr. OBERSTAR. Madam Speaker, I a strong commitment to helping people leases and taking credit. And I think thank the gentleman for his remarks, in need. His work to protect the envi- that really truly earned him the re- and I yield to the gentleman from Min- ronment, provide affordable housing, spect and friendship of so many people nesota (Mr. PETERSON). his work to help the homeless and open in this body. So that, even if he could (Mr. PETERSON of Minnesota asked new doors for immigrants, his work has have a battle over an issue with others and was given permission to revise and truly established a lasting legacy. in the body, he developed an incredible extend his remarks.) I was privileged over the last 10 years friendship and following here within Mr. PETERSON of Minnesota. to work in this body closely with this body. Madam Speaker, I thank the gen- BRUCE VENTO on a number of legisla- I think that was pointed out so viv- tleman for yielding. tive initiatives, and I deeply respected idly at the time that he came to the Madam Speaker, it is a tough day for BRUCE as a colleague and a friend like well of the House and actually advised all of us from Minnesota. BRUCE was all of us here in the House. us of his particular illness. The out- not only a good friend of ours and a The people of Minnesota and the Na- pouring of support that day just shows colleague, but he was someone that tion will sorely miss BRUCE’s vigilant that a person that conducts himself the was, in the tradition of Minnesota, protection of our environment. When it way he did, the kind of support and which has sent all kinds of outstanding comes to protecting the environment, friendship that he can have in this elected leaders to Washington and St. BRUCE VENTO was truly a global cham- body. Paul and throughout our elected offices pion. Whether it was defending our pre- I think young people looking to get in Minnesota, without a doubt, BRUCE cious Boundary Waters Canoe Area wil- involved in public service in our coun- VENTO was at the top of that list of derness, helping the homeless, pro- try can look to BRUCE VENTO as a great leaders that we have sent to viding affordable housing, or aiding our model of a public servant, the kind of Washington from Minnesota. newest immigrants in Minnesota, our person we learned about as young peo- As many of you know, he spent a Hmong community, BRUCE always ple that are the models for us. And I good part of his life teaching and then made his case with great eloquence and think young people today can look at serving the interests of his people there great passion. his life. in St. Paul, both in the legislature and BRUCE VENTO, Madam Speaker, rep- Perhaps most vivid in my own per- in Congress. And he did that with so resented the best in public service. And sonal memory will be the way in which

VerDate 02-OCT-2000 06:28 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00071 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.122 pfrm01 PsN: H10PT1 H9578 CONGRESSIONAL RECORD — HOUSE October 10, 2000 he welcomed me to the House when I issues that affected our entire State markable and is a lasting accomplish- was first elected here after the 1994 and when we worked together on issues ment for our State and our Nation. election. I had served briefly with that were important to Minnesota, we What he did in connection with the BRUCE in the Minnesota legislature for all worked together and we all listened Boundary Waters Canoe Area is also a couple of years before he came to when he spoke and we all appreciated outstanding. He was a tireless advo- Congress; and so, I knew BRUCE. But he his wisdom. The contributions that he cate. It was a controversial issue with- had moved on to this body long before made on the environment and so many in our delegation, within our State. I had. He welcomed me with open arms. other issues will be remembered for But BRUCE would not give up. He in- There simply is no one who spent more many, many years to come. sisted on protecting this important re- time making sure that I was adjusted, There is an expression up above the source. And in the end, he and the gen- that I understood how this institution Speaker’s rostrum, a quote from Noah tleman from Minnesota (Mr. OBERSTAR) operated compared to the Minnesota Webster and it closes with these words: reached an understanding or an accom- legislature. ‘‘So that we in our day and generation modation, shook hands and moved for- Afterwards I started thinking about may not perform something worthy to ward shoulder to shoulder on behalf of that and I thought to myself, you be remembered.’’ Well, BRUCE VENTO an arrangement which he believed pre- know, he is not treating me any dif- will be remembered, because he per- served the very best and the very es- ferent than he would treat anyone else. formed many things in this body wor- sence of this important Boundary Wa- Yes, I knew him from the Minnesota thy to be remembered. BRUCE VENTO ters Canoe Area. I and many others legislature. But it did not matter who will be remembered and ultimately he shared that commitment and that con- you were, BRUCE VENTO would open his will be succeeded. But he will never be cern with him. arms to you, he would welcome you in, replaced. We can only hope and pray, I have gotten to know BRUCE’s wife, he would take whatever time was nec- and I will say that as he approaches Susan Lynch, a remarkable person, and essary in order to make sure that you the next part of life’s journey, that he our sympathies go out to her and to felt comfortable, that you were achiev- will be greeted with these words, ‘‘Well BRUCE’s sons, to his grandchildren and ing what you wanted to achieve. That done, o good and noble servant.’’ others in the Vento family in this is the kind of person we are talking Mr. OBERSTAR. Madam Speaker, I great loss. It certainly is an occasion about here this evening. He was really yield such time as he may consume to for all of us to examine our priorities, just an outstanding Member of Con- the gentleman from Minnesota (Mr. our commitments, our role and, as I gress and an outstanding individual. I MINGE). said earlier, when it comes to our role have no doubt that his legacy will live Mr. MINGE. Madam Speaker, I would and our work, BRUCE VENTO raised the on for many years. like to thank the gentleman from Min- bar and all of us are challenged to re- In conclusion, I would simply say nesota (Mr. OBERSTAR) for arranging double our efforts to maintain the level that, now that he has passed away, it is for this opportunity to pay our tributes of commitment and accomplishment up to the rest of us to carry on the to BRUCE VENTO. BRUCE had a distin- that BRUCE has established. work and the commitment of BRUCE guished and very vigorous career here Mr. OBERSTAR. Madam Speaker, I VENTO. in Congress. He was an advocate for the am pleased to yield such time as he Mr. OBERSTAR. Madam Speaker, I environment and for all Americans. His may consume to the gentleman from yield to the gentleman from Minnesota work set a high standard for public Iowa (Mr. LEACH), chairman of the (Mr. GUTKNECHT). service. He raised the bar for all of us. Committee on Banking and Financial Mr. GUTKNECHT. Madam Speaker, I We are and we will continue to be chal- Services. want to thank my colleague from Min- lenged to match his level of commit- Mr. LEACH. Madam Speaker, I thank nesota for offering this resolution to- ment and accomplishment. the gentleman from Minnesota and his night. I certainly learned from him of the fellow Minnesotans for taking responsi- This hardly seems possible. It seems ways to be more effective in this legis- bility to introduce this resolution for just a few months ago that BRUCE was lative process, in this body. I have been our friend BRUCE. BRUCE and I came strong and healthy and vigorous. I inspired as have many others by his into Congress together and for 24 years would see him in the House gym in the commitment to opportunity, particu- we served on the same committee. Of morning. He loved to go for a swim, larly in the areas of education, hous- all the Members I have ever dealt with and so did I. And he would be in the ing, financial services and citizenship. and known, BRUCE combined an almost pool when I got there at 7 o’clock and BRUCE clearly believed that all Ameri- innate sense of idealism with a can-do he would still be in the pool when I cans, especially those of us from hum- practicality and how to apply it to the left. He was probably in better condi- ble backgrounds and limited means, legislative process. tion than virtually any other Member must have full opportunity to partici- Ralph Waldo Emerson once wrote: here in the Congress. And to think that pate in our society and that this meant To laugh often and much; to win the re- this terrible disease drained the life very vigorous and dedicated work on spect of intelligent people and the affection out of him in such a short period of behalf of all of our constituents. of children; to earn the appreciation of hon- I would like to simply point out two est critics and endure the betrayal of false time just really does not seem possible. friends; to appreciate beauty, to find the best things that BRUCE worked on that I b 1915 in others; to leave the world a bit better, deeply respected and certainly felt whether by healthy child, a garden patch or In many respects, BRUCE VENTO typi- keenly his sense of accomplishment. a redeemed social condition; to know even fied, I think, the best of public service. The first is his work on behalf of one life has breathed easier because you have And I think those of us from Minnesota Hmong residents of our country, a lived. This is to have succeeded. do have a special pride for the kind of group of individuals from Laos that BRUCE succeeded in each and every public service that BRUCE VENTO be- had come to the United States after way. He will be much missed. lieved in. In many respects, the way he the Vietnam War who were essentially Mr. OBERSTAR. Madam Speaker, I died also symbolized the way he lived. people without a nation, without a yield such time as she may consume to He was prepared to fight for what he home. He championed their cause here the gentlewoman from Ohio (Ms. KAP- believed in, even against insurmount- in Congress and spearheaded the effort TUR). able odds, as he fought these last sev- in the House of Representatives to (Ms. KAPTUR asked and was given eral months against a disease which grant citizenship to Hmong. permission to revise and extend her re- would not surrender. But he was pas- In connection with conservation and marks.) sionate about those things. And I have the environment, he and I shared a Ms. KAPTUR. Madam Speaker, it is a come to respect and admire him so keen interest in cleaning up and pro- high privilege for me this evening to much for the way that he would fight viding wildlife habitat in the river sys- join in this resolution introduced by even on those issues on which we dis- tems in the upper Midwest, and par- the dean of the Minnesota delegation agreed, and as a member of the Min- ticularly the Minnesota and the Mis- and the Minnesota Members to partici- nesota delegation, the institutional sissippi Rivers. What he did for the pate in this remembrance of our be- wisdom that he brought on all of the river front area of St. Paul is truly re- loved colleague, BRUCE VENTO. I can

VerDate 02-OCT-2000 06:28 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.124 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9579 say that I have known BRUCE for 18 The men and women of this House have tions that we are working on that we years now. As a new Member of Con- lost a warm and wonderful colleague. hoped to have accomplished before the gress, he sat right behind me, that The people of St. Paul and Minnesota end of this session, but his death pre- meant he had more seniority, on the have lost a passionate and powerfully ceded our best efforts. Committee on Banking and Financial effective advocate. And the people of Madam Speaker, I yield such time as Services. He welcomed me just as other America have lost a very model of she may consume to the gentlewoman Members have indicated he welcomed what a Member of this Congress should from Cleveland, Ohio (Mrs. JONES). them as they came. What was great for and ought to be. BRUCE VENTO was all Mrs. JONES of Ohio. Madam Speak- me, and I say this to his family as they of that and more. I had the privilege of er, I thank the gentleman from Min- are enduring this great, great loss, he serving with him for 6 years on both nesota (Mr. OBERSTAR) for organizing was so friendly. In the days when he the Committee on Banking and Finan- this hour. first came, there were only about two cial Services and the Committee on Re- Madam Speaker, as I sit here, I real- dozen women in the House, and I was sources. In that experience, I learned a ize I am probably the person who is not an attorney in a body with about 75 great deal from him about the Nation’s speaking who knew BRUCE VENTO the percent of the Members who were at- banking system and our need to pro- least amount of time. I just came to torneys, and to discover he was a biolo- tect and preserve soundness and secu- Congress in this 106th Congress and had gist who had been an educator made rity within that system, and although I the fortune of serving on the Com- me feel right at home. As we would go thought I knew a great deal about the mittee on Banking and Financial Serv- through amendments in the com- environment and America’s natural ices with BRUCE VENTO, as well as the mittee, I found a real friend who would places, I learned more than I ever Subcommittee on Housing and Commu- talk to me and who would bring me thought was possible from listening to nity Opportunity. Now, when one is a along, that made me feel that I was an BRUCE and traveling with him. freshman, as the gentlewoman from equal Member. As I came to know his My first term here in the Congress, Ohio (Ms. KAPTUR) said, one sits way other committee work outside of bank- he organized a trip as chairman of the down in the front and the more higher ing where he championed the needs of Subcommittee on Parks of the Com- ranking members sit way in the back. the homeless before it became a pop- mittee on Resources into the Bob Mar- So when we started, because this is ular expression in the country, or shall which is the wildest area in the such a large body, one does not get to homes for people who had difficulty lower 48 States. After a day of trav- know all of the Members; but one gets with affordability. I learned about his eling to a remote camp, we arose early to know the people they serve on the tremendous interest in the environ- the next morning and rode 10 miles on committee with. ment. He was quite a bicyclist. And I horseback and then later in the day an- The thing I remember first about watched his work in literally every other 10 miles on foot to a very remote BRUCE VENTO was that deep voice. So congressional district across this coun- lake on the edge of the Cascade Moun- when we went through the roll, they try, as a real successor to Johnny tains. In that experience with BRUCE would say VENTO, here or yes, and I Appleseed and the great American tra- and members of the Forest Service, I would turn around and try to figure dition of love of the outdoors. learned a great deal about America’s out who it was. In my own district, for example, we wild places and the need to protect and Luckily on the Subcommittee on have the Maumee Heritage Corridor preserve them. And I learned them Housing and Community Opportunity, now. The Maumee River is the largest from someone who as a biologist was the room was much smaller, and so he river that empties into the Great fortified with the knowledge that made sat right behind me. Many chances I Lakes. Without BRUCE VENTO, that des- his advocacy as a conservationist and a got to say so and so and how are you ignation would not be possible. And the naturalist even more effective. doing and the like. All I can say is hav- discovery of the Fallen Timbers battle BRUCE VENTO was, yes, a great rep- ing only known him about 20 months or site which ranks with Yorktown and resentative for the people that he less, he was good at, as everyone said, Gettysburg as one of the three most served and for all of the people of this instructing and teaching. Through the important battle sites in the founding Nation, but I think fundamentally he H.R. 10 financial modernization, I al- of the republic would not be possible was a teacher. In everything that he ways looked to hear what he had to say without the legislative efforts of BRUCE did, he sought the opportunity to ex- as we went through our hearings. VENTO. pand knowledge, his own as well as Through the housing situations, I And so I just wanted to come down those around him. Anyone who had the agreed with him about the need for af- here to say that I shall always remem- opportunity to spend any time with fordable housing. ber BRUCE VENTO. And as a representa- him whatsoever, engaged in conversa- Dr. Martin Luther King says these tive of the people of my district, I will tion with him, learned a great deal words: ‘‘God can do tremendous things say that I remember his great ability, about a myriad variety of subjects on through the person who does not care his great humor, his great service as an which he was very, very knowledge- who gets the credit,’’ and I think that educator as well as a lawmaker. I will able. We have lost a dear friend, a good most exemplifies BRUCE VENTO. remember him talking to me through- colleague, a strong advocate. I am pleased to be here this evening. out my career about the importance of I would hope that at a time not far I did not know his wife. I did not know housing as well as the needs of the un- from this moment, this Congress would his family; but as just one little Mem- derserved and America’s greatest, turn its attention toward designating ber of Congress, I say to them that greatest lawmaker in my era in terms some appropriate place in this country they have my condolences and my of the environment and our open spaces among the wild areas, among the nat- prayers, and I know where BRUCE and our needs to continue to conserve ural areas of America, to name in VENTO is. He is up among the birds and our beautiful land and our resources. honor of the service of BRUCE VENTO to the trees on a lake somewhere just lay- I just say again to his family and to the people of Minnesota and to the peo- ing back and enjoying it, and I pray his beloved Minnesota colleagues, we ple of America. that he enjoys the rest of his time. have lost a dear friend and a great law- Mr. OBERSTAR. Madam Speaker, I b 1930 maker. yield such time as he may consume to Mr. OBERSTAR. Madam Speaker, I Mr. OBERSTAR. Madam Speaker, I the gentleman from Michigan (Mr. KIL- am pleased to yield such time as he yield myself such time as I may con- DEE), who sat side by side with Mr. may consume to the gentleman from sume. VENTO for so many years on the Com- New York (Mr. HINCHEY). Madam Speaker, I thank the gen- mittee on Resources. Mr. HINCHEY. Madam Speaker, I tleman for his comments and for his Mr. KILDEE. Madam Speaker, I want to express my appreciation to the suggestion of a naming, and I would thank the gentleman from Minnesota gentleman from Minnesota (Mr. OBER- say that we are working on one or two (Mr. OBERSTAR) for yielding me this STAR) for organizing this opportunity in Minnesota. Already an elementary time. for us to pay tribute to a great rep- school has been named for BRUCE BRUCE VENTO and I came to Congress resentative of the American people. VENTO. There are two other designa- together in 1977, and for many years we

VerDate 02-OCT-2000 06:41 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00073 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.126 pfrm01 PsN: H10PT1 H9580 CONGRESSIONAL RECORD — HOUSE October 10, 2000 were seat mates on the Committee on pens and write about this period in our Again, I thank the gentleman from Resources. Like me, he was a school- history they will have to say this man, Minnesota (Mr. OBERSTAR) for yielding teacher and brought his ability to in- our colleague, our friend, BRUCE me time to honor this great American. struct others to this Congress. He un- VENTO, made a difference. Mr. OBERSTAR. Madam Speaker, I derstood and could explain the intrica- So on behalf of myself and my wife, thank the gentleman from American cies of banking legislation in very, Lillian, that BRUCE would ask me Samoa (Mr. FALEOMAVAEGA) for those very clear detail. His well-known love about from time to time, how is Lil- wonderful words from your native land for the environment and its protection lian, I want to say to BRUCE’s family, that our colleague would so much ap- has enriched our country beyond meas- his wife and children, you have our preciate. ure. For several years, his family and sympathy. You will be kept in our Madam Speaker, I yield such time as my family would celebrate Thanks- prayers; and we will never, ever forget he may consume to the gentleman giving together, with great joy and the likeness of this one giant among from Wisconsin (Mr. KIND). filled with wonderful animated con- us. He will be deeply missed. Mr. KIND. Madam Speaker, I thank versation. Mr. OBERSTAR. Madam Speaker, I my friend, the gentleman from Min- This country is clearly a better coun- thank the gentleman from Georgia nesota (Mr. OBERSTAR), for yielding me try because of BRUCE VENTO, and I (Mr. LEWIS) for those heartfelt, very this time. know that I am a better person because touching words. Madam Speaker, I commend him and the rest of the Minnesota delegation of BRUCE VENTO. May the angels re- Madam Speaker, I yield such time as for organizing this special order to pay ceive you into paradise, dear friend. he may consume to the gentleman Mr. OBERSTAR. Madam Speaker, I from American Samoa (Mr. tribute to a dear friend, BRUCE VENTO. BRUCE VENTO was a dear friend and a yield such time as he may consume to FALEOMAVAEGA). dear colleague of mine, who I greatly the gentleman from Georgia (Mr. Mr. FALEOMAVAEGA. Madam Speaker, I want to thank the gen- respected and admired. Even though I LEWIS). He may be the gentleman from tleman from Minnesota (Mr. OBER- have had the privilege of serving with Georgia, but he is also the gentleman STAR), my good friend and colleague, him for the past 4 years in the United from all America. States Congress, I knew of BRUCE Mr. LEWIS of Georgia. Madam for giving me time to say these things VENTO as an admirer from afar, given Speaker, I want to thank my friend concerning this great American. Madam Speaker, I too am truly sad- his work on conservation and environ- and colleague, the gentleman from dened to learn of our colleague’s pass- mental measures and as a resident of Minnesota (Mr. OBERSTAR), for holding ing today. Congressman BRUCE VENTO western Wisconsin just across the river this special order and paying tribute to was truly a champion and one of the from his congressional district. our friend, our colleague, and our outstanding leaders of this institution Since coming to Congress, I had the brother, BRUCE VENTO. whenever conservation and environ- privilege of serving with him on the Madam Speaker, I came to the Con- mental issues were deliberated and de- Committee on Resources and the Sub- gress in 1987 when I first met BRUCE bated in this Chamber. As a senior committee on National Parks and Pub- VENTO. I was more than lucky but real- member of the House Committee on lic Lands; and he was a natural leader ly truly blessed to serve on the old In- Resources, the gentleman from Min- on the Committee on Resources, un- terior Committee with BRUCE. BRUCE nesota (Mr. VENTO) let it be known to questionably, given his profound inter- was our Chair, the Chair of the Sub- all the members of our committee and est and depth of knowledge and exper- committee on National Parks and Pub- to all of our colleagues where the line tise on these issues of 24 years serving lic Lands; and it was a delight and is drawn whenever environmental on the Committee on Resources; 10 of wonderful to serve with this wonderful, issues are taken up by this body. those years as Chair of the Sub- gifted, talented human being. In the many years that he served as committee on National Parks and Pub- He loved America. He loved open chairman of the Subcommittee on Na- lic Lands, to which the Nation owes space, the land. He wanted to do as tional Parks and Public Lands, I can him a debt of gratitude. much as possible to preserve some of attest to my colleagues and to our Na- His strong leadership on the Com- this beauty and leave it a little cleaner tion that some 300 bills that have be- mittee on Resources resulted in pro- for future generations. come law have VENTO’s signature on tecting hundreds of thousands of acre- I had an opportunity to travel with them. I can honestly say that even the age and the enactment of over 300 laws BRUCE on one occasion, I will never for- national park that is now established preserving the environment, from the get, for a hearing we held in Minnesota in my own district was due mainly to Boundary Waters Canoe Area Wilder- at the State Capitol, dealing with pro- VENTO’s leadership and legislative ness Area, a place that holds special tecting the Mississippi. While I was skills that Congress passed a law to meaning to me since I try to get up there, I am not sure whether it was on have this national park in my district. there for a week every summer with a Monday or a Tuesday, but it was a I want to express the sense of appre- some brothers and friends to spend Taste of Minnesota Day. BRUCE took ciation and gratitude from our tradi- time in the Boundary Waters Area ca- me out of the State Capitol, and the tional leaders and from the people of noeing and camping; to the Minnesota members of the subcommittee. We American Samoa to Mr. VENTO. National Wildlife Refuge; to the new went out on the grounds and we tasted Madam Speaker, I am going to miss parks and wilderness that were created all of this wonderful food that BRUCE this gentle giant, and I say giant, from in Alaska and even in American introduced me to. Minnesota. I have always valued his Samoa, as our good friend just stated He was very delightful in introducing opinions and how much he has influ- earlier. a poor guy who grew up in Alabama, enced my own thinking about life What especially impressed me about now living in Georgia, to this very spe- itself. I remember when he visited our BRUCE VENTO was his concern about cial and wonderful food in Minnesota. national park in American Samoa, some of the most disenfranchised and I had an opportunity to invite BRUCE none of us were able to catch up with politically powerless people that exist to come to Atlanta, and he came to them when he was climbing one of the in our country, from the homeless to Georgia. We held a hearing on the Mar- steep mountains, even on the roads and his concern for housing issues but espe- tin Luther King Historic Site, and I the trails that were so muddy that not cially his tireless advocacy for the would say today if it had not been for even the four-wheel vehicles could Hmong population in this country. our friend and colleague, BRUCE VENTO, make it. Both BRUCE VENTO and I share a sizable neither the Martin Luther King His- Madam Speaker, I want to convey to Hmong population in our respective toric Site in Atlanta, nor the historic Mrs. Vento and the family the condo- congressional districts. That is why I trail, Highway 80 from Selma to Mont- lences of the people of my district. Our was especially proud to be able to join gomery, would be in existence. people have a saying in a traditional forces with BRUCE on a number of BRUCE never gave up. He had a vision sense, ia manuia lau faigamalaga lau issues that affected Hmong rights, but of making America better, saving the afioga BRUCE VENTO. May you have a most particularly the Hmong Veterans land, saving the forests; and I truly be- good and successful voyage, Your Naturalization Act that BRUCE cham- lieve when historians pick up their Honor, BRUCE VENTO. pioned for quite a few years and which

VerDate 02-OCT-2000 06:56 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00074 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.132 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9581 ultimately was passed into law this this country is definitely a better place he was chairman of the Subcommittee year, that recognizes the tremendous due to his efforts. I thank him for his on National Parks and Public Lands. contribution that Hmong veterans and advice and guidance, and may he rest He helped me pass my very first bill, their families gave U.S. armed services in peace. which was a bill relating to the War in personnel during the war in Southeast Mr. OBERSTAR. Madam Speaker, I the Pacific Park in Guam, and how he Asia. am pleased to yield such time as she took the time not only to help me These were people who fought side by may consume to the gentlewoman from shepherd that bill through, but there side with our veterans of the Vietnam Illinois (Ms. SCHAKOWSKY). was a significant amount of time that conflict. They were there building the Ms. SCHAKOWSKY. Madam Speaker, he devoted committee resources to. landing strips for our air personnel. I thank the gentleman for yielding He was a marvelous teacher, and in They were there rescuing downed pilots time to me. many respects, coming from the field during the Vietnam War, and they were I am feeling very sad today and bad of education, I feel a very special kin- the ones who were most persecuted today because I had meant to write a ship to him because I, too, am a teach- after the war, many of whom were able note to BRUCE VENTO and did not do it er. He was able to evidence the best in to seek refuge and safety in the United in time. What I wanted to tell him, teaching behavior, not only in how he States. But these were not a very po- maybe I can pass on in some way to his carried himself here as a legislator, but litically powerful or a large political family, was to thank him for his in- how he interacted individually with constituency, and they were a group of credible generosity to a freshman Members. people who were in search of a leader Member of the United States Congress. He was a persistent, unrelenting I served with him on the Committee to represent their views and to bring friend of the environment, constantly on Banking and Financial Services and fairness and decency to their cause, on focus, sometimes much to the dis- on the Subcommittee on Housing and and that is what BRUCE VENTO provided traction of those who opposed him. Community Opportunity. At one point them. Having observed him and participated last year, early in my very first term, This was not a political issue for with him in many discussions in the I had a press conference dealing with him, but it was an issue of doing right Committee on Resources, he was very funding for low-income housing. While unrelenting, but I think in an admi- by our friends and allies and recog- I had invited a lot of Members to come, rable way in and in a way that people nizing their contribution. Perhaps one of the few that showed up was honored and recognized his expertise there are going to be many living leg- Bruce Vento, who is a very important and his commitment and his passion. acies that BRUCE VENTO has given us in member on that committee. I was real- There will be or there should be no this Nation, but I could not think of ly honored for him to be there. one more important or more lasting Among the things he said were nice occasion for any American not to know than providing a home in a country for things about me, which was so greatly the work of BRUCE VENTO when they go the Hmong population who live with us appreciated, and so unnecessary. When around and see the national parks in today. I presented my very first amendment this country, and see his commitment The people in Minnesota and Wis- on the floor of the House, rather clum- to protecting the environment and consin and the entire United States sily, it would have been a whole lot making sure that, for generations yet will sorely miss Congressman BRUCE worse if BRUCE VENTO had not been unborn, they, too, will benefit and prof- VENTO. I am proud to have served with there, because he stood by my side and it from green spaces and from under- him and to have called him my friend, told me exactly what I should do. And standing the connection that we all but I especially appreciated the mo- then he spoke to the amendment, have to the environment and to each ments we shared together on our nu- which was fairly noncontroversial, a other. merous flights to and from the Twin big deal to me, and I think he knew In my capacity as chairman of the Cities and out here to Washington. that, because he came down not so Congressional Asian Pacific caucus, I learned another dimension about b 1945 much because he supported it, which he did, but I think he came down to the BRUCE; that is, his passion and his He and I would oftentimes be sitting floor to support me, which, again, was work for the Hmong people, and again, next to each other, which gave me a greatly appreciated. in a way that I had not thought about. wonderful opportunity to pick his In a town where people say, ‘‘If you Again, he demonstrated what kind of a brain and talk about legislation and want a friend, get a dog,’’ BRUCE VENTO legislator he was; that he was wide- policy issues. I enjoyed listening to his was the kind of person who would real- ranging, that he understood his respon- stories of his recent bike trips that he ly be a friend, no strings attached. He sibility to his constituents, and he un- enjoyed doing time and time again, but wanted to help people because he was a derstood the unique circumstances I especially liked listening to his sto- kind and a generous and a decent and a which the Hmong people in his district ries about his family. nice person. lived under, and he took steps to allevi- For a guy who was as busy and as So in addition to all the wonderful ate and to mediate, help mediate their committed as BRUCE VENTO was on the contributions that he has made to our experience here in the United States. great public policy issues of our day country, I wanted to tell him that I Of course, his work for the homeless and the work that he did in the United really appreciated how kind he was to is legendary. States Congress, he always kept family me. I want to express my deepest con- So in many, many ways, we will all first. He was so proud of his children, dolences to his family, and just to say miss BRUCE. I wanted just to have the but especially proud of his grand- that I will miss him very much. opportunity to express my personal children. You could just see his face Mr. OBERSTAR. Madam Speaker, I gratitude for his efforts in helping me light up with joy and excitement talk- am pleased to yield such time as he as a freshman Member shepherd my ing about his latest discovery of a may consume to the gentleman from first piece of legislation through this grandchild, or of seeing the world anew Guam (Mr. UNDERWOOD). body and through committees, and also through his grandchildren. Mr. UNDERWOOD. Madam Speaker, I to thank him for his efforts in that re- That, for a young Member of Con- thank the gentleman for yielding time gard; to pay tribute to his unrelenting gress, that drove home a very impor- to me. commitment and passion for the envi- tant point and lesson that I have com- I, too, rise to pay tribute to the pass- ronment; and to express my sincerest mitted to my own service here. That ing of our friend and colleague, the condolences to his family. was to not lose focus or proper perspec- gentleman from Minnesota, BRUCE We will miss him, and I am sure he is tive on the role and the importance of VENTO. Much has been said already by in a better place. family life and spending enough time a number of Members regarding how he Mr. OBERSTAR. Madam Speaker, I with our own children, and hopefully dealt with freshman Members and how yield myself such time as I may con- someday for myself, even my grand- willing he was to devote his time and sume. children. energy to explain things. Madam Speaker, I thank the gen- He will be missed. He will never be I would have to say that as a first- tleman for his comments. I would ex- replaced. But I can honestly say that termer elected in the 103rd Congress, press my great appreciation to all the

VerDate 02-OCT-2000 06:25 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00075 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.163 pfrm01 PsN: H10PT1 H9582 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Members who have stayed long after Madam Speaker, in the few moments day has come too soon. Since coming to Con- the legislative business of the House to that remain, there was only one other gress 8 years ago, I have had the pleasure of express their profound respect for the person who in my memory stands out a close relationship with Congressman VENTO work of BRUCE VENTO in this body, for for having taken the well of the House on the Banking Committee. the friendship that he has meant to to address his colleagues on the mean- The Banking Committee deals with some of each of them. ing of life and the meaning of legisla- the most complex issues in all of Congress. BRUCE VENTO, like all of us, had tive service. That was Senator Hubert Congressman VENTO put in the time, attended great moments in this body, but none Humphrey, who was invited by this all the hearings, and mastered all these com- was greater than the moment that he body to address the House from the plex problems. As a teacher himself prior to took some months ago in the well of Clerk’s desk. coming to Congress, he became a resource to this House to address us all about the Parenthetically, when he arrived all Committee members, providing counsel on illness which had afflicted him and there, he looked out over this assem- a host of from financial modernization to com- which he knew would take his life. bled gathering of Members of the House plex housing programs. What stands out is that in a time of and Members of the Senate and said, Congressman VENTO served as a tireless rancor, in a body where campaigns ‘‘Oh, you don’t know how long I have advocate for all consumers on the committee. have moved from the hinterlands to waited to stand here and make this He truly stood up for working people of all the House floor and have so often speech.’’ stripes time and time again. He made it a spilled over into invective, that was a BRUCE and I were standing together focus to make sure that individuals rights are shining moment for this House, where and marvelled at this wonderful expose protected by law as they interact with the most he spoke of the politics of joy and of of the meaning of the legislative proc- powerful financial companies in the world. His hope, of the meaning of public service, ess and of service to humanity. Little legacy on the committee and his impact on and his pride in serving the people of did either of us realize years later he, consumer banking law will live forward for his district, of his State, and of his too, would take the well to give a simi- decades to come. country. lar civics lesson, one from the heart, on From timeless issues such as housing for It was a great moment for the House the meaning of comity and of service. the poor, to newer issues like the protection of of Representatives, one that will be en- At the fundraising event in BRUCE’s consumers' private banking information in the shrined forever, not just in the RECORD, honor where funds were raised for a online world, Congressman VENTO was ahead but in the hearts of all of us who were scholarship program for science stu- privileged to hear that beautiful out- of the curve, and on the people's side. I will dents, little red pine seedlings were pouring of the meaning of this great truly miss Congressman VENTO, Congress is handed out. I took three of those, one deliberative body. truly diminished by his absence. Let me con- Madam Speaker, I am pleased to for each of his sons, because I had a vey to Congressman VENTO's family, his dedi- yield such time as he may consume to sense then that we were witnessing a cated longtime staff here in Washington and the gentleman from West Virginia (Mr. drama that would play itself out in the Minnesota, and to the people of Congressman end of his life in some months. RAHALL), who sat side by side with VENTO's 4th district my strongest, and heartfelt I planted those seedlings in our back- BRUCE VENTO throughout all these 12 condolences. terms. yard. They are thriving. They will get Mr. OBERSTAR. Madam Speaker, I Mr. RAHALL. Madam Speaker, I another place where they will get more yield back the balance of my time. think my friend for yielding time to light, more strength. They will be a The SPEAKER pro tempore (Mrs. me. symbol to all of us of this recurring re- FOWLER). Without objection, the pre- Indeed, BRUCE VENTO was a dear col- source that BRUCE fought so hard to vious question is ordered on the resolu- league to me, as well. Having served preserve, to protect: the flora, the tion. with him, as well as the gentleman fauna, the water, the air, the land. There was no objection. from Michigan (Mr. KILDEE), side by b 2000 The resolution was agreed to. side, first on the Interior and Insular A motion to reconsider was laid on Affairs Committee, and now on the At the end of life, we will not be the table. Committee on Resources for my 24 judged by how large a surplus we left, f how large a nuclear arsenal, how great years in this body, to say that BRUCE an Army we left behind us, or by how ANNOUNCEMENT BY THE SPEAKER VENTO knew what was in every piece of PRO TEMPORE legislation that came before our com- many bills had been enacted into law. mittee is not an understatement. We will be judged by, I was naked and The SPEAKER pro tempore. Pursu- As I said, having sat next to him, I you clothed me; I was hungry and you ant to clause 8 of rule XX, the Chair could see him and would marvel at the fed me; I was homeless and you took announces that she will postpone fur- way he would read every piece of bill me in. ther proceedings today on each motion upon which he were asked to vote, with When we cloth our fellow human to suspend the rules on which a re- that red highlight pen underlining the beings in dignity, when we take the corded vote or the yeas and nays are pertinent pieces of every piece of legis- homeless into our hearts, into our ordered, or on which the vote is ob- lation that came before our committee. lives, and when we feed the hungry jected to under clause 6 of rule XX. Truly, he was a knowledgeable Mem- with the spirit that gives life, we are Any record votes on postponed ques- ber of this body. He was dedicated to truly doing the Lord’s work in this life. tions will be taken tomorrow. our environment. He came with me to That was BRUCE VENTO. That was all f my district in southern West Virginia, that he committed himself to do in SENSE OF CONGRESS REGARDING rode on our whitewater rivers, and public service. BURMA came back and helped me craft legisla- With Samuel Gompers, BRUCE can tion to preserve those rivers for gen- say I came into the labor movement Mr. BEREUTER. Mr. Speaker, I move erations to come. with one purpose, to leave it a better to suspend the rules and agree to the BRUCE was in my class. We came to place and a better movement than I concurrent resolution (H. Con. Res. 328) this body in 1977. Throughout our years found it in. BRUCE leaves this body, his expressing the sense of the Congress in together, he was a man who truly lived city, his district, his constituents these recognition of the 10th anniversary of the words ‘‘public servant’’ to their resources of land and air and water and the free and fair elections in Burma fullest. the creatures among them in better and the urgent need to improve the To his wife, to his family, to his condition than he found them in. democratic and human rights of the friends back in Minnesota who he so Mrs. MALONEY of New York. Madam people of Burma, as amended. ably served, I do say, we shall all miss Speaker, it is with a heavy heart that I join my The Clerk read as follows: him. BRUCE VENTO was a dear friend to colleagues tonight in this tribute to Congress- H. CON. RES. 328 all of us. man BRUCE VENTO. We all knew that someday Whereas in 1988 thousands of Burmese citi- Mr. OBERSTAR. Madam Speaker, I Members of Congress would stand in the well zens called for a democratic change in yield myself such time as I may con- of the House in tribute to BRUCE VENTO's Burma and participated in peaceful dem- sume. many accomplishments, it is truly sad that this onstrations to achieve this result;

VerDate 02-OCT-2000 06:25 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00076 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.136 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9583 Whereas these demonstrations were bru- authorities and access to the party head- he really accomplished remarkable tally repressed by the Burmese military, re- quarters has been denied to NLD members; things in both jurisdictions, but I sulting in the loss of hundreds of lives; Whereas the Burmese authorities have con- think he will be known so much for the Whereas despite continued repression, the tinued to refuse to engage in a substantive kind of things that he assisted America Burmese people turned out in record num- dialogue with the NLD and other elements of bers to vote in elections deemed free and fair the democratic opposition; and to preserve and protect in our national by international observers; Whereas despite these massive violations environment. Whereas on May 27, 1990, the National of human rights and civil liberties and I remember well how much assist- League for Democracy (NLD) led by Daw chronic economic deprivation, Daw Aung ance he gave to this Member on a very Aung San Suu Kyi won more than 60 percent San Suu Kyi and members of the NLD have controversial measure related to a sce- of the popular vote and 80 percent of the par- continued to call for a peaceful political dia- nic river designation in my own State. liamentary seats in the elections; logue with the SPDC to achieve a democratic Today, Mr. Speaker, H. Con. Res. 328 Whereas the Burmese military rejected the transition: Now, therefore, be it is before us. It was introduced on May results of the elections, placed Daw Aung Resolved by the House of Representatives (the 16 by the distinguished gentleman from San Suu Kyi and hundreds of members of the Senate concurring), That it is the Sense of the NLD under arrest, pressured members of the Illinois (Mr. PORTER) and was unani- Congress that— mously approved by the Subcommittee NLD to resign, and severely restricted free- (1) United States policy should strongly dom of assembly, speech, and the press; support the restoration of democracy in on Asia and the Pacific on September Whereas 48,000,000 people in Burma con- Burma, including implementation of the re- 13 and by the House Committee on tinue to suffer gross violations of human sults of the free and fair elections of 1990; International Relations on September rights, including the right to democracy, and (2) United States policy should continue to 21. economic deprivation under a military re- call upon the military regime in Burma For over 10 years, the Burmese mili- gime known as the State Peace and Develop- known as the State Peace and Development tary regime, now known as the State ment Council (SPDC); Whereas on September 16, 1998, the mem- Council (SPDC)— Peace and Development Council, the bers of the NLD and other political parties (A) to guarantee freedom of assembly, free- SPDC, has refused to implement the re- who won the 1990 elections joined together to dom of movement, freedom of speech, and sults of the 1990 elections which were form the Committee Representing the Peo- freedom of the press for all Burmese citizens; won overwhelmingly by the National ple’s Parliament (CRPP) as an interim mech- (B) to immediately accept a political dia- League for Democracy, the NLD. Dur- logue with Daw Aung San Suu Kyi, the Na- anism to address human rights, economic ing this period, and indeed since 1962, and other conditions, and provide represen- tional League for Democracy (NLD), and eth- nic leaders to advance peace and reconcili- when General Ne Win and the military tation of the political views and voice of seized control, the Burmese military Members of Parliament elected to but denied ation in Burma; office in 1990; (C) to immediately and unconditionally re- has engaged in egregious systematic vi- Whereas the United Nations General As- lease all detained Members elected to the olence and abuse of the fundamental sembly and Commission on Human Rights 1990 parliament and other political prisoners; human rights of ethnic minorities and have condemned in nine consecutive resolu- and other people of the country. tions the persecution of religious and ethnic (D) to promptly and fully uphold the terms The abuses of the junta in Rangoon minorities and the political opposition, and and conditions of all human rights and re- again came under international scru- SPDC’s record of forced labor, exploitation, lated resolutions passed by the United Na- tiny when, on August 24 of this year, and sexual violence against women; tions General Assembly, the Commission on Aung San Suu Kyi was denied the abil- Human Rights, the International Labor Or- Whereas the United States and the Euro- ity to visit NLD party offices outside pean Union Council of Foreign Ministers ganization, and the European Union; and have similarly condemned conditions in (3) United States policy should sustain cur- the capital. For 9 days, she was de- Burma and officially imposed travel restric- rent economic and political sanctions tained at a roadblock and eventually tions and other sanctions against the SPDC; against Burma as the appropriate means— was forcibly removed to her residence. Whereas in May 1999, the International (A) to secure the restoration of democracy, She and other NLD party leaders were Labor Organization (ILO) condemned the human rights, and civil liberties in Burma; placed under virtual house arrest. SPDC for inflicting forced labor on the peo- and Despite the military’s denials, no ple and has banned the SPDC from partici- (B) to support United States national secu- independent observer was allowed to pating in any ILO meetings; rity counternarcotics interests. visit her; and the British ambassador, Whereas the 1999 Department of State The SPEAKER pro tempore (Mr. for example, was roughed up when he Country Reports on Human Rights Practices PEASE). Pursuant to the rule, the gen- for Burma estimates more than 1,300 people attempted to force his way into her continue to suffer inhumane detention condi- tleman from Nebraska (Mr. BEREUTER) compound. In addition, party offices tions as political prisoners in Burma; and the gentleman from American were ransacked and papers seized. Whereas the Department of State Inter- Samoa (Mr. FALEOMAVAEGA) each will To justify their action, the junta has national Narcotics Control Strategy Report control 20 minutes. issued the ludicrous charge that the for 2000 determines that Burma is the second The Chair recognizes the gentleman NLD had formed an alliance with largest world-wide source of illicit opium from Nebraska (Mr. BEREUTER). rebels in the provinces. and heroin and that there are continuing, re- On September 21, the day the com- liable reports that Burmese officials are ‘‘in- GENERAL LEAVE Mr. BEREUTER. Mr. Speaker, I ask mittee passed this measure, Aung San volved in the drug business or are paid to Suu Kyi was again blocked from trav- allow the drug business to be conducted by unanimous consent that all Members eling outside Rangoon by the military others’’, conditions which pose a direct may have 5 legislative days within threat to United States national security in- which to revise and extend their re- regime. She planned to travel by train to terests; marks on H. Con. Res. 328, as amended. Mandalay in order to visit with NLD Whereas Daw Aung San Suu Kyi has been The SPEAKER pro tempore. Is there denied the basic rights to freedom of move- party members. Officials at the Ran- objection to the request of the gen- ment and assemble with members of the goon’s central train station, insisting NLD by Burmese security authorities who, tleman from Nebraska? that there were no train tickets avail- on August 24, 2000, forcibly blocked her and There was no objection. able, refused to sell tickets to her and her party from traveling to NLD township Mr. BEREUTER. Mr. Speaker, I yield her accompanying party. offices near Rangoon; myself such time as I may consume. Eventually, after hours of stalemate, Whereas after having been halted for nine (Mr. BEREUTER asked and was days at a roadblock, Daw Aung San Suu Kyi police removed her from the train sta- given permission to revise and extend tion and forced her to return home. and her party were forcibly returned to Ran- his remarks.) goon by Burmese security authorities; Since her September 21 attempt to Whereas since their forcible return to Ran- Mr. BEREUTER. Mr. Speaker, we are travel to Mandalay, Aung San Suu Kyi goon Daw Aung San Suu Kyi and other NLD on with the House business now after a and other NLD party leaders remain leaders have been held incommunicado in very important and moving tribute to under de facto house arrest, and the re- their residences and diplomats and others our late colleague, BRUCE VENTO. As I gime has denied any contact with for- have been denied access to them; begin, I must reflect upon the service I eign diplomats. Whereas the refusal to allow Daw Aung had with him for almost 20 years on NLD vice chairman Tin Oo is being San Suu Kyi to leave her compound or to the Committee on Banking and Finan- allow others access to her has created grave detained by the military regime. concern for her safety and welfare; cial Services and earlier for 4 years on This week, the U.N. Secretary Gen- Whereas the NLD party offices have been what was then the House Committee eral special envoy, Malaysian dip- ransacked and documents seized by Burmese on Interior and Insular Affairs, where lomat, Ambassador Razali Ismail, has

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00077 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.081 pfrm01 PsN: H10PT1 H9584 CONGRESSIONAL RECORD — HOUSE October 10, 2000 been in Rangoon meeting with senior Mr. Speaker, I rise in strong support Mr. BEREUTER. Mr. Speaker, it is leaders in the Burmese military re- of this resolution. I would first like to my pleasure to yield 5 minutes to the gime, including Foreign Minister Win say introducing this resolution was gentleman from New Jersey (Mr. Aung and General Khin Nyunt. Despite very appropriate and the fact of the SMITH), my colleague on the Com- his mandate to promote human rights matter is that 12 years ago, thousands mittee on International Relations, the and restore democracy in Burma, Am- of Burmese citizens demonstrated in chairman of the Subcommittee on bassador Razali has yet to meet with the streets calling for democratic International Operations and Human Aung San Suu Kyi or any other NLD change in Burma. Rights. party leaders. In May 1990, the National League for Mr. SMITH of New Jersey. Mr. This is Razali’s second visit to Democracy, led by Daw Aung San Suu Speaker, I thank my good friend, the Burma as the U.N. Secretary General’s Kyi won more than 60 percent of the gentleman from Nebraska (Mr. BEREU- special envoy. Clearly not meeting popular vote and 80 percent of the par- TER), for yielding me the time; and I with Aung San Suu Kyi or any other liament seats in the elections. thank him for his work on behalf of NLD leaders brings the U.N.’s credi- Despite this, Mr. Speaker, instead of Burmese people, for the fine remarks of bility into question. turning over the power to the winner of the gentleman from American Samoa Mr. Speaker, it is entirely proper, the elections, however, the Burmese (Mr. FALEOMAVAEGA), for the gen- therefore, that the House of Represent- military rejected the results of the tleman from Connecticut (Mr. GEJDEN- atives go on record condemning these election and, for the past 10 years, have SON), and the gentleman from New human rights abuses. Since her elec- continued their brutal crackdown on York (Mr. GILMAN) for the work on this toral victory in 1990, Daw Aung San organized political opposition, free resolution and, above all, to the gen- Suu Kyi has repeatedly been arrested, press, and freedom of assembly. tleman from Illinois (Mr. PORTER), the threatened, and harassed. Daw Aung San Suu Kyi has remained prime sponsor of it. The illegal SDPC military regime under tight control since the elections, Mr. Speaker, just over 10 years ago, has done everything possible to dis- and Burma’s dictators have even de- in the spring of 1990, the people of credit NLD and its leaders. This is sim- nied her ailing husband permission to Burma courageously embraced democ- ply wrong, and this body should say so. visit his wife one last time before he racy. In the face of intimidation by the Mr. Speaker, at the subcommittee passed away. Burmese military, they turned out in markup, an amendment was approved Mr. Speaker, the State Department’s record numbers to participate in free- annual human rights report identifies that had the concurrence of the resolu- dom and fair elections. more than 1,300 people who continue to tion’s distinguished author, the gen- In those elections, the National suffer inhuman detention conditions as League for Democracy, led so aptly by tleman from Illinois (Mr. PORTER), and political prisoners in Burma. Further- which was designed to update the situ- Daw Aung San Suu Kyi, won more than more, the State Department Narcotics 60 percent of the popular vote; and as ation in Burma. Control Report for the year 2000 deter- The amendment updated the current my friend, the gentleman from Amer- mined that Burma is the second largest standoff between Aung San Suu Kyi ican Samoa (Mr. FALEOMAVAEGA), re- worldwide source of illicit opium and minded us 80 percent, 80 percent of the and the military by including six new heroin trafficking. seats in parliament went to the Na- whereas clauses. These clauses detailed The United Nations General Assem- tional League for Democracy. The Bur- the denial of right to movement and bly and the Commission on Human mese military responded by rejecting association, and the seizure of docu- Rights have responded to this con- the election results, imprisoning hun- ments at NLD party offices. tinuing crackdown on basic freedoms dreds of NLD Members, including Daw The new language makes it clear by condemning nine consecutive reso- Aung San Suu Kyi and severely cur- that Aung San Suu Kyi was clearly lutions, the persecution of religious tailing the civil liberties of the Bur- within her rights in attempting to visit and ethnic minorities and the political mese people. party offices and that there was no jus- opposition. Since that time, the ruling military tification for the roadblock established The resolutions have also criticized thugs, who currently call themselves by the SDPC. Burma’s record of forced labor, exploi- the State Peace and Development Mr. Speaker, this Member urges the tation and sexual violence against Council, have inflicted massive human body to approve H. Con. Res. 328, as women. Both the Clinton administra- rights violations and economic priva- amended. tion and the European Union have tions on the people in Burma. More Mr. Speaker, I reserve the balance of similarly condemned conditions in than 1,300 political prisoners, including my time. Burma and have imposed travel restric- the woman elected to lead Burma, Mr. FALEOMAVAEGA. Mr. Speaker, tions and other sanctions against Bur- Aung San Suu Kyi, still suffer at the I yield myself such time as I may con- ma’s dictators. hands of their government captors. sume. Mr. Speaker, the resolution before Just last month, as we all know, she (Mr. FALEOMAVAEGA asked and the House today reiterates that it is was forcibly detained when Aung San was given permission to revise and ex- U.S. policy to support the restoration Suu Kyi attempted to travel outside tend his remarks.) of democracy in Burma, including the the Burmese capital to Mandalay. The Mr. FALEOMAVAEGA. Mr. Speaker, implementation of the 1990 elections. Burmese regime routinely uses forced like my colleague, the gentleman from The resolution also calls on Burma’s labor, and it continues to wage a brutal Nebraska (Mr. BEREUTER), the chair- leaders to guarantee the basic human war against ethnic minorities within man of our Subcommittee on Asia and rights of its citizens, to accept a dia- its borders. the Pacific and the Committee on logue with Daw Aung San Suu Kyi, to Mr. Speaker, in August of 1998, I International Relations, I, too, echo immediately release all political pris- traveled to that region in an effort to the same sentiments as I expressed ear- oners, and to promptly uphold the secure the release of one of my con- lier about the passing of our colleague, terms of international resolutions on stituents, Michele Keegan, who had BRUCE VENTO, from the State of Min- Burma’s situation. been seized by the Burmese authorities nesota, expressing the same sympathy Finally, Mr. Speaker, the resolution for passing out cards the size of our and condolences to the members of his states that the U.S. should continue voting cards that said ‘‘We have not family. policies designed to secure the restora- forgotten you. We support your hopes Mr. Speaker, I want to certainly tion of democracy, human rights and for human rights and democracy.’’ thank the gentleman from Illinois (Mr. civil liberties in Burma and to support The SLORC repeatedly refused my PORTER) and the gentleman from Cali- U.S. national security and counter- requests for a visa to enter Burma, so fornia (Mr. LANTOS), the gentleman narcotics interests. I had to help negotiate her release from from New York (Mr. GILMAN), chair- This is a great piece of legislation, Bangkok, Thailand. After 5 days of de- man of our Committee on Inter- Mr. Speaker; and I urge my colleagues tention, Michele and 17 other foreign national Relations, and also the gen- to support this bill. activists were expelled from Burma, tleman from New Jersey (Mr. SMITH) as Mr. Speaker, I reserve the balance of but not until they had been sentenced the chief cosponsors of this resolution. my time. to 5 years imprisonment for sedition.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00078 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.165 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9585 b 2015 braska (Mr. BEREUTER) to the floor, all peoples. The fall of Slobodan Let me remind Members, they hand- and for their leadership on human Milosevic. The war crimes tribunal ed out a card that said we have not for- rights in so many instances. For such a that brings people who violated the gotten you, we support your hopes for long time they have stood up and stood rights of others, even in times of war, human rights and democracy, a little for those who were oppressed in foreign before a tribunal for accountability. card just handed out on the streets in countries and for the expansion of their Maybe some day soon we will find a Rangoon; and for that, a 5-year sen- rights. I commend them again for way to believe that the most important tence. That is just an indication of doing so with respect to the people of thing that we can do on this Earth is to what they do to their own people. this country, Burma. care about one another and to care Mr. Speaker, I am also proud to note Mr. Speaker, I have a written state- about establishing a rule of law that that the State Department reauthor- ment I will submit for the RECORD. guarantees basic human rights. ization bill, H.R. 3472, the Embassy Se- Mr. Speaker, Burma is a country of It is unfortunate that in so many curity Act, which I introduced last almost 50 million people. We talk places in the world today that is not year that, thankfully, became law, re- today about the National League for being observed, in China and Sudan and tained a provision that helps ensure Democracy. We talk about Daw Aung Turkey and Burma and many other that the United Nations Development San Suu Kyi and her great leadership places. But we are gradually moving in Program, UNDP, does not enrich the for the things that all human beings on the right direction. The message today Burmese military regime. It reduces this planet ought to be accorded, basic is that we must always, always stand U.S. contributions to UNDP by the human dignity and basic rights as op- and knock on the door day after day, amount that that program spends in posed to the rights of their govern- week after week, month after month, Burma unless UNDP’s activities in ments. Yet, in Burma, it is not just the year after year until the rights of Burma: One, are focused on eliminating National League for Democracy or Daw every single human being on this plan- human suffering; two, are carried out Aung San Suu Kyi, it is all the people et are established and protected. Be- only through private voluntary organi- of Burma who suffer at the hands of cause the denial of the rights of any zations that are independent of the re- this terrible military dictatorship. single person is the denial of the rights gime; three, do not benefit the regime; There are no rights in Burma. There of every one of us. and four, are carried out only after are no rights to speak freely. There are I want to commend the committee consultation with the leadership of the no rights to worship freely. There are and the subcommittee for bringing this National League for Democracy and no rights to assemble. There are no resolution forward, for insisting that the leadership of the National Coali- rights to stand up and be counted for we recognize that it has been 10 years tion Government of the Union of the things that people believe ought to since the people of Burma chose a free- Burma. be done. There are no free elections. ly elected government and 10 years of The resolution before us today, Mr. The only free election that has been ongoing repression by a military re- Speaker, H. Con. Res. 328, properly held in Burma in at least the last 50 gime that wants to offer no rights. commemorates the 1990 elections, de- years was the one held in 1990 that was Someday soon, Mr. Speaker, this is scribes adequately and accurately the won by the National League for De- going to change. The United States of situation in Burma and expresses the mocracy, as has been detailed by each America must stand up and be counted sense of the Congress that the United of the gentlemen today. day after day and year after year to States should strongly support the res- Unfortunately, that chance for a bet- make certain that this happens. toration of democracy in that country. ter life for the Burmese people was sto- Mr. Speaker, I rise today in strong support It urges the military regime in Burma len away by the military who now run of H. Con. Res. 328, commemorating the to guarantee basic freedoms for Bur- one of the worst regimes in the world tenth anniversary of the free and fair elections mese citizens, to undertake a political in terms of abusing their population. in Burma. I would like to thank the gentleman dialogue with the National League for In August, as the gentleman from Ne- from New York (Mr. GILMAN), the gentleman Democracy and ethnic leaders, and to braska (Mr. BEREUTER) and the gen- from Nebraska (Mr. BEREUTER), and the gen- immediately release all political pris- tleman from New Jersey (Mr. SMITH) tleman from New Jersey (Mr. SMITH) for their oners, and to fulfill the conditions of detailed, Daw Aung San Suu Kyi and leadership in bringing this resolution to the international human rights instru- her followers in the National League floor. ments. for Democracy were again particularly Mr. Speaker, Burma is a country governed It also recognizes the current sanc- abused as they have been in the past. by a military junta. Burma is a country with no tions in place against the government But I want to say today, there is respect for human rights and no rule of law. of Burma as appropriate means of pur- nothing this regime can do that will On May 27th, 1990, the National League for suing democracy and civil liberties for ever overcome this lady. She won the Democracy (NLD), led by Daw Aung San Suu the people of Burma. Nobel Prize for Peace. She has an in- Kyi, won a majority of the parliamentary seats Again, I want to thank all those in- domitable spirit that cannot be in the nationally held elections. This was a volved, but especially the gentleman crushed. She is a person of great integ- great victory for the champions of democracy from Illinois (Mr. PORTER) for offering rity, great intelligence and great ar- and human rights in Burma. this resolution. ticulation. She is a person of beauty However, the Burmese military regime, Mr. BEREUTER. Mr. Speaker, it is because she stands as an example to known as the State Peace and Development my pleasure to yield such time as he the Burmese people of what life could Council (SPDC), arbitrarily annulled the results may consume to the distinguished gen- be, how beautiful it could be if only and arrested Aung San Suu Kyi and hundreds tleman from Illinois (Mr. PORTER) who they could live in freedom. of NLD members. Many were forced to flee has offered this and many other resolu- Lately, the international commu- the country, and ever since, freedoms of as- tions important to human rights. He nity, thank God, has finally begun to sembly, speech and the press have been se- will be sorely missed when he retires at see the regime in Burma for what it is. verely restricted. Hundreds of NLD members the end of this session. Most recently, Switzerland decided not are political prisoners and still hundreds more Mr. PORTER. Mr. Speaker, I thank only to condemn the conduct of the live in exile around the world. the gentleman from Nebraska (Mr. BE- SPDC, but also to impose sanctions, Daw Aung San Suu Kyi has been forced to REUTER) for those kind words, for yield- not as strong as I would like to see, not live under house arrest in Rangoon most of ing me the time, and for the leadership as strong as those that the United the time since 1989. The past two months that he has brought to bear on this and States has imposed, but sanctions; and have seen the outrageous treatment of the so many other issues in Asia and all perhaps we are beginning to see some Nobel Peace Prize winner exacerbated. Twice around the world. change in the international community in less than two months, Suu Kyi has been I also want to commend the gen- to bring pressure to end the repression detained when she has tried to travel outside tleman from New York (Mr. GILMAN) as in Burma. the capital. Soldiers have surrounded her car well as the gentleman from New Jersey Gradually this world is changing. on the road side, removed her from the train (Mr. SMITH) for bringing the resolution Gradually the world is coming together station and surrounded her house, while she together with the gentleman from Ne- to stand up for basic human rights for is forced to sit idly inside.

VerDate 02-OCT-2000 05:06 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00079 Fmt 4634 Sfmt 9920 E:\CR\FM\K10OC7.167 pfrm01 PsN: H10PT1 H9586 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Since September 22nd when she was again The government of Burma is indif- The SPEAKER pro tempore. The placed under house arrest, her telephone lines ferent to the illicit drug trade and was question is on the motion offered by have been cut, and she has been denied all recently decertified for not fully co- the gentleman from Nebraska (Mr. BE- communication. Presently, it is not only Suu operating to our Nation. It has pro- REUTER) that the House suspend the Kyi being suppressed, other members of the vided a safe haven to notorious Bur- rules and agree to the concurrent reso- NLD's central executive committee are either mese drug dealer Khun Saw. It was just lution, H. Con. Res. 328, as amended. in detention or being kept incommunicado reported that Secretary of Defense The question was taken; and (two- under virtual house arrest, with approximately Cohen was in Thailand 2 days ago and thirds having voted in favor thereof) one hundred NLD members, including mem- that the Thai are now asking for 50 hel- the rules were suspended and concur- bers of the NLD women's group having been icopters to fight against the drug traf- rent resolution, as amended, was arrested by the military in recent days. fickers. agreed to. I commend the statements in recent days The Thai military has estimated that A motion to reconsider was laid on from the international community, condemning some 600 million amphetamine pills the table. the SPDC. Switzerland announced last week flooded Thailand just last year from f that it would impose sanctions on Burma, simi- across the border with Burma. Thai CALLING FOR IMMEDIATE RE- lar to those imposed by the European Union, community leaders have frequently ac- LEASE OF MR. EDMOND POPE which include freezing assets, visa bans and cused Burma of destroying Thai youth, an arms embargo. Although these sanctions FROM PRISON IN RUSSIAN FED- warning that drug addiction was reach- ERATION are not as strong as current U.S. sanctions, ing crisis proportions in Thailand with slowly the international community is coming more than 600,000 young people report- Mr. GILMAN. Mr. Speaker, I move to together to demonstrate that we will not do edly hooked on amphetamines. suspend the rules and agree to the con- business or work with these egregious viola- On September 19, Secretary Cohen current resolution (H. Con. Res. 404) tors of human rights. said, ‘‘We understand now that there is calling for the immediate release of We must stand together as one, against a serious problem concerning Thailand Mr. Edmond Pope from prison in the those who, when they violate the rights of one by virtue of methamphetamine being Russian Federation for humanitarian of us, violate the rights of all. produced and distributed from Burma. reasons, and for other purposes. The United States is seen as a beacon of The drug problem will be high on the The Clerk read as follows: light and of hope around the world. We must agenda of the commander of the U.S. H. CON. RES. 404 remember what our country stands for: de- forces in the Pacific, who is due to visit Whereas Mr. Edmond Pope of State Col- mocracy, the rule of law, freedom of speech Thailand next week. lege, Pennsylvania, is a husband, father, and free and fair elections. The Burmese can On September 21, Aung San Suu Kyi grandfather, son, and United States busi- not exercise any of these basic human rights. nessman; was prevented from boarding a train to Whereas Edmond Pope has visited the Rus- I hope that all of my colleagues will join me leave Rangoon, and many of her sup- in standing with our fellow duly-elected rep- sian Federation 27 times in order to foster porters were arrested. Since that time, better business and university-based re- resentatives in Burma and join their call to diplomats and friends have been pre- search relationships; take their rightful places in parliament. vented from seeing her, and no one Whereas Edmond Pope traveled to the Rus- The SPEAKER pro tempore (Mr. knows the whereabouts of her arrested sian Federation in late March 2000 in order PEASE). Does the gentleman from Ne- colleagues. to purchase commercially advertised under- braska (Mr. BEREUTER) yield to the Just 2 days ago, Mr. Speaker, the water propulsion technology, as stated in his gentleman from New York (Mr. GIL- visa approved by the Government of the Rus- government-run newspaper in Rangoon MAN) to control the time? sian Federation; Mr. BEREUTER. Mr. Speaker, I yield issued a statement by officials stating, Whereas Edmond Pope was arrested on to the gentleman from New York (Mr. ‘‘Anyone confronting the military gov- April 3, 2000, in Moscow, imprisoned in ernment in Myanmar is committing Lefortovo, and charged with espionage; GILMAN) and ask unanimous consent Whereas the Russian who allegedly com- that he be permitted to control the what amounts to high treason.’’ Mr. Speaker, the only way for the mitted an act of treason by aiding Edmond time. drug production to end in Burma is for Pope was released and has been living with The SPEAKER pro tempore. Is there his family; objection to the request of the gen- our Nation and for the world to take a stronger stand against the illegal Bur- Whereas Edmond Pope has been treated for tleman from Nebraska? hemangiopericytoma, a rare form of cancer, There was no objection. mese government so that it steps down that was in remission prior to his travel; Mr. GILMAN. Mr. Speaker, I ask the and hands over the reigns of power to Whereas Edmond Pope’s father is dying of Chair how much time we have remain- the democratically elected government multiple myeloma, a type of bone cancer ing. of Aung San Suu Kyi. that can be hereditary; The SPEAKER pro tempore. The gen- Accordingly, Mr. Speaker, I urge my Whereas Edmond Pope should receive rou- tleman from New York (Mr. GILMAN) colleagues to support this measure. tine medical care by a qualified, trained pro- has 4 minutes remaining. Mr. Speaker, I reserve the balance of fessional in order to monitor the possibility of a recurrence of cancer due to his high-risk Mr. GILMAN. Mr. Speaker, I yield my time. Mr. FALEOMAVAEGA. Mr. Speaker, potential; myself such time as I may consume. Whereas Edmond Pope has missed his an- (Mr. GILMAN asked and was given I yield myself such time as I may con- nual monitoring visit resulting in a 14 month permission to revise and extend his re- sume. lapse since his last visit; marks.) Mr. Speaker, I would truly be remiss, Whereas Edmond Pope’s prison conditions Mr. GILMAN. Mr. Speaker, this and it will probably be the last oppor- have caused a dramatic loss in weight and measure recognizes the 10th anniver- tunity I have before we adjourn, if I did his physical stature has deteriorated; sary of the freedom and fair elections not express my personal sense of appre- Whereas Edmond Pope has been denied the in Burma and the urgent need to im- ciation and gratitude to the gentleman basic human right of proper medical atten- tion deserving of an individual in his condi- prove the democratic and human rights from Illinois (Mr. PORTER), not only as tion; of the people of Burma. Aung San Suu cochairman of our Human Rights Cau- Whereas two Americans have died in the Kyi and members of the parliament cus, but certainly for his outstanding past few months within prisons in the Rus- who were elected in 1990 have not been leadership and service that he has ren- sian Federation and another individual has able to establish a government inside dered to our Nation. recently died in Lefortovo; of Burma. Many of her supporters have I want the gentleman from Illinois Whereas Edmond Pope has been unjustly been and still are in prison. Thousands (Mr. PORTER) to know how much I real- arrested and detained for more than 5 have been tortured and murdered. ly appreciate his friendship over the months, preventing him from celebrating his The government relies heavily on years that I have got to know him. 30th wedding anniversary and the marriage slave and forced labor for construction Mr. Speaker, I have no additional of his son, and during which time his moth- er-in-law passed away; projects. The International Labor Or- speakers, and I yield back the balance Whereas recent events have shown that ganization, the ILO, has even banned it of my time. trials in the Russian Federation involving from participating in any ILO meet- Mr. GILMAN. Mr. Speaker, I yield alleged violations in the area of national se- ings. back the balance of my time. curity can take several years;

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00080 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.085 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9587 Whereas it is unlikely that Edmond Pope over the past few years on business Mr. Pope was arrested in Russia on would survive a lengthy trial; and trips. April 3, 2000, while negotiating the pur- Whereas United States business and aca- I simply do not believe that the Rus- chase of an underwater propulsion demic interests with the Russian Federation sian government has proved its case, technology which was advertised for are beginning to be detrimentally impacted by this event: Now, therefore, be it particularly in light of the fact that a commercial use. Mr. Speaker, I submit Resolved by the House of Representatives (the Russian citizen who supposedly worked Mr. Pope is not a spy. His Russian visa Senate concurring), That— with Mr. Pope in the alleged espionage states that the purpose of the trip to (1) the Congress calls on the Russian Fed- case has already been released by the Russia was to acquire such technology. eration, under the leadership of President Russian government. It is outrageous, Mr. Speaker, that Vladimir Putin, to immediately release Mr. This resolution makes it abundantly Mr. Pope has been languishing at the Edmond Pope of State College, Pennsyl- clear that, if Mr. Pope is not released, Lefortovo prison, the former KGB vania, and to ensure that proper and quali- the President of the United States stronghold, for nearly 6 months now. fied medical attention is provided to him in order to ensure that another loss of life does should continue to seek his release and Mr. Pope has been diagnosed with a not occur in a prison in the Russian Federa- should consider terminating all assist- rare form of bone cancer which re- tion; ance that our Nation provides to the quires annual screening and which he (2) it is the sense of Congress that if Ed- Russian government under our Foreign has missed this past August because of mond Pope is not released immediately the Assistance Act for purposes of pre- his arrest. President should continue all efforts af- paring Russia to enter the World Trade His health may be getting worse, but forded to the administration to secure his re- Organization. the Russians refuse access to him by a lease, including the consideration of— qualified Western oncologist. The Rus- (A) terminating all assistance to the Gov- b 2030 ernment of the Russian Federation under the sian authorities have said that the It also calls on our President to Russian doctors are capable of exam- Foreign Assistance Act of 1961 and the an- refuse further debt relief for the Rus- nual Foreign Operations, Export Financing, ining Mr. Pope, and based on that ex- and Related Programs Appropriations Act sian Government if it does not release amination, they supposedly say he is for purposes of preparing the Russian Fed- Mr. Pope. fit to stand trial. eration’s entrance or accession to the World My colleagues, the actions of the Mr. Speaker, this case has been dis- Trade Organization (WTO); and Russian Government in this case do cussed at the highest levels of the (B) opposing any further debt relief of obli- not appear to be those of a country in- American and Russian governments. gations owed to the United States Govern- terested in proper treatment of busi- Our own President, President Clinton, ment from the Government of the Russian nessmen and investors. I believe it is, has raised this issue with President Federation; and therefore, appropriate to send this mes- (3) the President should increase efforts to Putin several times now, most recently secure appropriate medical attention for Ed- sage in the form of a nonbinding reso- at the U.N. Millennium Summit in New mond Pope. lution that we expect a nation that York City. At every opportunity, the The SPEAKER pro tempore. Pursu- wants to be part of an international Russians have been told the charges ant to the rule, the gentleman from trade organization, that wants debt re- against Mr. Pope are groundless and New York (Mr. GILMAN) and the gen- lief, and that wants more American in- they must let him come home to his tleman from American Samoa (Mr. vestment to treat our American busi- family. FALEOMAVAEGA) each will control 20 nessmen appropriately. I share some of the State Department minutes. I would point out to my colleagues concerns about the call in the resolu- The Chair recognizes the gentleman that over the past few years our gov- tion for cutting all foreign assistance from New York (Mr. GILMAN). ernment has reportedly arrested sev- to Russia, which includes GENERAL LEAVE eral Russian spies here in our Nation, denuclearization assistance and sup- Mr. GILMAN. Mr. Speaker, I ask some under diplomatic cover and oth- port for democratic institutions and unanimous consent that all Members ers operating without it. I understand independent media. I would hope that may have 5 legislative days within we have allowed those Russian spies in the administration could effectively which to revise and extend their re- recent years to return home to Russia, utilize policy levers short of this dras- marks on H. Con. Res. 404. even when our FBI believed them to be tic step to achieve Mr. Pope’s release. The SPEAKER pro tempore. Is there career members of the Russian intel- We should at least commend our good objection to the request of the gen- ligence agencies. Even when a Russian friend and colleague, the gentleman tleman from New York? espionage device was found in our from Pennsylvania (Mr. PETERSON), for There was no objection. State Department headquarters itself, doing such a fantastic job supporting Mr. GILMAN. Mr. Speaker, I yield we sent the so-called diplomat back Mr. Pope’s family in support of this myself such time as I may consume. home. resolution, and I urge my colleagues to (Mr. GILMAN asked and was given We are all aware of the reports that support this resolution. permission to revise and extend his re- Russian spying conducted here in our Mr. Speaker, I reserve the balance of marks.) Nation and from espionage facilities, my time. Mr. GILMAN. Mr. Speaker, this reso- such as the one at Lourdes, Cuba, is Mr. GILMAN. Mr. Speaker, I yield 6 lution, House Concurrent Resolution today at record levels. It is ironic, Mr. minutes to the gentleman from Penn- 404, introduced by the gentleman from Speaker, that Russia would arrest and sylvania (Mr. PETERSON). Pennsylvania (Mr. PETERSON), supports imprison for months an American busi- Mr. PETERSON of Pennsylvania. Mr. Mr. Edmond Pope, an American citizen nessman who may very well be inno- Speaker, I want to thank the chairman who has been jailed by the Russian cent, all the while conducting espio- for yielding me this time. I appreciate government for several months on the nage against us at records that exceed the very strong support we have had charge of espionage that, by all ac- those of the Cold War. from the gentleman from New York counts, is based on extremely dubious Mr. Speaker, I support this non- (Mr. GILMAN); the ranking member, the evidence. I commend the gentleman binding resolution and I urge my col- gentleman from Connecticut (Mr. from Pennsylvania (Mr. PETERSON) for leagues to adopt it. GEJDENSON); as well as the gentleman his tireless work on behalf of one of his Mr. Speaker, I reserve the balance of from American Samoa (Mr. constituents, Mr. Pope. my time. FALEOMAVAEGA), who has been such a This resolution calls on the Russian Mr. FALEOMAVAEGA. Mr. Speaker, good friend; and I want to thank the government to immediately release I yield myself such time as I may con- staff who have worked so hard on this Mr. Pope and to ensure that he is pro- sume. issue. I also want to thank the leader- vided proper medical attention for the (Mr. FALEOMAVAEGA asked and ship and the majority leader, who have rare form of cancer with which he is af- was given permission to revise and ex- personally helped me at every turn. flicted. tend his remarks.) Mr. Speaker, this has been one of the Let me point out to my colleagues Mr. FALEOMAVAEGA. Mr. Speaker, most difficult issues I have ever dealt that Mr. Pope is a businessman and I rise in strong support of this resolu- with. Let us just think about it for a that he has been to Russia many times tion. moment. For 11 days, Edmund Pope

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00081 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.082 pfrm01 PsN: H10PT1 H9588 CONGRESSIONAL RECORD — HOUSE October 10, 2000 has been in a Russian prison. If my col- turned down. It is now approaching Mr. SMITH of New Jersey. Mr. leagues have not been in a Russian mid-October and Edmund Pope has still Speaker, I thank the gentleman for prison, I was there a few months ago. It not had the health screenings that he yielding me this time. is no place to be. needs. First of all, I rise in very strong sup- He went over there in March on his If we get Edmund Pope out tomor- port of the Peterson resolution, H. Con. 27th trip to do business. He was ar- row, he may have reactivated cancer Res. 404, calling for the immediate re- rested on April 3 and thrown in prison. and he will have a very shortened life. lease of Edmund Pope from prison in For 13 weeks, his wife never received a We are still asking every day for rou- the Russian Federation based on hu- note from him, a phone call from him tine cancer screening. It is available 7 manitarian reasons. or any word. He never received one of miles from his prison in a Russian fa- I think it is very important that the her letters that she sent daily. Between cility with adequate doctors to read chairman of the House Committee on two countries that have normal rela- the scans, and we again ask for that. International Relations and the rank- tions in business, a prisoner never We know that from talking to his at- ing member, the gentleman from New heard from his family or was allowed torney and others there, the FSB-ap- York (Mr. GILMAN) and the gentleman to communicate with his family for 13 pointed judge will find him guilty from Connecticut (Mr. GEJDENSON), weeks. whenever this trial is held. They will have moved very quickly on this reso- In June, Cheri Pope, his wife, and be given a predetermined verdict. I do lution to bring it to the floor and be- two of my staff went to Russia. They not think we in America realize how a fore our colleagues because this is a found out he did not have a competent jury trial and the chance to defend our- very, very important resolution of hu- lawyer, a 73-year-old lawyer that was selves is so basic a fundamental to the manitarian concern. not considered good; and so they were rule of law. In Russia, we are told the This resolution calls for the imme- able to hire him a good lawyer who has FSB knows how to frame people, but diate release of Mr. Pope, an American been very helpful and who started to they do not know how to convict peo- citizen arrested for allegedly spying in build a case. It was not long before he ple. If it was a jury trial, his lawyer Russia and, as we know, in prison now found out that there was no real case says, he would be innocent in a mo- in Moscow since early April of this against Edmund Pope. In fact, the Rus- ment. As soon as the trial was held, he year. Mr. Pope has been arrested for sians had never even told us what the would be declared innocent and proven trying to purchase so-called secret case was about; it was just that he had that he is innocent. But Edmund Pope technology that had already been ad- committed espionage. will not get that chance. On August 5, his son was married in vertised for commercial sale. Mr. Speaker, I want to thank the State College without his father. Then Congress today for their support of this Mr. Speaker, I would be the first to a little later, in August, Cheri Pope, resolution and sending a strong mes- agree that countries are entitled to his wife, and I and two of my staff re- sage to this administration to continue protect sensitive information or state turned to Russia. We were able to ele- every effort they can put forward. Ed- secrets; but the case against Mr. Pope vate this issue to an international mund Pope needs to have health is without merit. When we consider issue. Before that it had not been well screenings so that we know his cancer that the Russian Government has al- covered by the press. It was obvious is still in arrest. We need to know that ready released the alleged co-con- then. And after we arrived there and he has not contracted TB, which is spirator in this case, it is difficult to made it an issue, the Russians finally prevalent in Russian prisons. He has understand why Mr. Pope is considered responded and said, well, he was pur- had a cough every time we have spoken such a danger. chasing this Squall technology, which to him. We are asking for health care As the gentleman from Pennsylvania had been advertised for sale in 1996 and first and then his timely release. It is (Mr. PETERSON) so passionately and had been sold to other countries, we time to get Ed Pope home. eloquently pointed out, Mr. Pope is se- are told. riously ill and the Russian Government The FSB, who finally gave these de- I guess just in conclusion, Mr. Speak- er, Edmund Pope is a good man, a great has not permitted an American physi- tails, is like combining our FBI, our cian to even visit him, which one Secret Service, our CIA, and whatever American, served his country val- iantly, been a good businessman, and might expect on simple humanitarian else, and all combined into one. It is grounds. the most powerful agency in Russia, been good for the Russians; been good Mr. Speaker, the Russian Govern- and they have been in control. This for economic relationships with them; ment recently announced that the was Ed’s 27th visit there. He had had helped them partner in many business Pope case has been turned over to the many business partnerships there. He deals and commercialize other kinds of court. This may look like progress, but had brought many scientists from Rus- technologies they had and helped do experience tells us otherwise. When we sia to Pennsylvania, to Penn State. some partnerships that helped in look at the long drawn out case of Had taken many groups of scientists to health care and opticals. Russia should Alexandr Nikitin, for whom it took 41⁄2 Russia to help them in their trying to have a lot of Ed Popes helping them to years to prove his innocence on build a free economic system. He loved build their economy and become part trumped-up charges of espionage, I be- the Russians, told all his neighbors and of the global economy. lieve it is unlikely Mr. Pope would sur- friends that I have talked to. He was They need to resolve this issue so we vive a lengthy judicial process. very fond of the Russians and wanted can become friends, work together, and them to have economic opportunity not be enemies. Mr. Speaker, the U.S. Government like we have here. Mr. FALEOMAVAEGA. Mr. Speaker, has repeatedly raised this case with the For 17 months, Ed Pope has not had I yield myself such time as I may con- Russian Government. Why are they not adequate health screenings. Edmund sume to compliment again my col- listening? At a recent hearing of our Pope, a number of years ago, was diag- league from Pennsylvania. I think it is Committee on International Relations, nosed with bone cancer. It has been ar- a good example of a demonstration of our Secretary of State, Madeleine rested. He should, from the cancer ex- what every Member should be doing for Albright, reiterated her conviction this perts we have talked to, have MRI and their constituents, and I want to com- case should be resolved quickly in Mr. CT scan screenings every 6 months. It mend him for that. Pope’s favor. has been 17 months now since he has Mr. Speaker, I have no further re- Finally, I would note that in connec- had any screenings. quests for time, and I yield back the tion with this case, a Moscow radio In August we had a hearing; and in balance of my time. station stated that the Russian secu- September we had a hearing on a Mr. GILMAN. Mr. Speaker, I yield 3 rity service often considers principles health-related release, and he was minutes to the gentleman from New of humanity in deciding whom to re- turned down. They had the appeal to Jersey (Mr. SMITH), our distinguished lease. It seems no other person in Rus- the hearing and asked for him to be chairman of our Subcommittee on sia today fits that definition. This man seen by an American doctor and have International Operations and Human is sick, he is innocent, and he needs to the appropriate test and again was Rights. be released.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00082 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.148 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9589 Again, I want to thank the gen- negative image of Russia, that of a se- by Serb Kosova citizens who are believed to tleman from Pennsylvania (Mr. PETER- cretive, enigmatic state whose journey be assisted by Serb paramilitaries who have SON) for his great leadership on this to first world status remains long. illegally re-entered Kosova; case. Mr. Speaker, I urge my colleagues to Whereas although the initiation of the re- cent operation between the NATO-led peace- Mr. GILMAN. Mr. Speaker, I yield 3 vote for H.Con.Res. 404 and declare in keeping force in Kosova (KFOR) and UNMIK minutes to the gentleman from Oregon no uncertain terms that the United to confirm international authority through- (Mr. WALDEN), and I want to also thank States does not tolerate the treatment out northern Kosova is welcomed, KFOR and the gentleman from New Jersey (Mr. of its citizens in this manner. UNMIK must fully implement their plan and SMITH) for his eloquent response to this Mr. GILMAN. Mr. Speaker, I yield take appropriate action to ensure that all important issue. myself such time as I may consume. residents are able to return to their homes; Mr. WALDEN of Oregon. Mr. Speak- Mr. Speaker, I want to commend the Whereas the United Nations and the Orga- nization for Security and Cooperation in Eu- er, I thank the gentleman for yielding gentleman from Pennsylvania (Mr. PE- rope (OSCE) have set the date for local mu- me this time, and I thank both the TERSON) and the gentleman from Or- nicipal elections in Kosova for October 28, chairman and the subcommittee chair- egon (Mr. WALDEN) for their diligent ef- 2000; man for their work in bringing this forts on behalf of Mr. Pope. We are Whereas the assertion of authority over measure forward; and to my colleague, pleased to join with them. the Trepca mining complex by UNMIK is the gentleman from Pennsylvania (Mr. Mr. Speaker, I yield back the balance welcomed and an assessment of its environ- PETERSON), I thank him for his tireless of my time. mental hazards and financial viability efforts in trying to seek Mr. Pope’s re- The SPEAKER pro tempore (Mr. should proceed as quickly as possible in lease. PEASE). The question is on the motion order to maximize employment for Kosovar offered by the gentleman from New citizens; Mr. Speaker, I rise today to urge sup- Whereas although daily life in Kosova in port for H. Con. Res. 404 and make York (Mr. GILMAN) that the House sus- the summer of 2000 is significantly improved clear our message to the Russian Gov- pend the rules and agree to the concur- in comparison to the violence, devastation, ernment. Edmund Pope must be re- rent resolution, H. Con. Res. 404. and chaos that plagued the region during leased from prison, and he must be re- The question was taken; and (two- armed conflict in 1999, more must be done to leased immediately. Mr. Pope’s dete- thirds having voted in favor thereof) develop a self-sustaining economy that dis- riorating health simply will not wait the rules were suspended and the con- courages the rise of criminal elements; for the Russian Government to accept current resolution was agreed to. Whereas, in view of the disproportionate A motion to reconsider was laid on share of the military costs borne by the what we in this country have long United States during the NATO operation, known: that Ed does not deserve his the table. the European Union has agreed that it will imprisonment and that the Russian f undertake the major share of the costs for Government cannot justify holding CALLING FOR LASTING PEACE, economic reconstruction in Kosova; Whereas the European Commission and the him one day longer. JUSTICE, AND STABILITY IN For 191 days, Ed Pope has been de- World Bank have estimated the costs for the KOSOVO nied his freedom. For 191 days, he has reconstruction of Kosova over the next 4 to been denied regular contact with his Mr. GILMAN. Mr. Speaker, I move to 5 years at $2,300,000,000, with nearly half that wife of 30 years and his children. And suspend the rules and agree to the reso- amount available to be spent by the end of 2001; and for 191 days, he has been denied access lution (H. Res. 451) calling for lasting peace, justice, and stability in Kosovo, Whereas the Foreign Operations, Export to basic medical care, despite grave Financing, and Related Programs Appropria- threats to his health. as amended. tions Act, 2000 (as enacted by section The Clerk read as follows: b 2045 1000(a)(2) of Public Law 106–113) capped H. RES. 451 United States pledges of assistance for In an age when the access to ade- Whereas on June 10, 1999, the North Atlan- Kosova at the subsequent Kosova donors quate shelter and medical care is cor- tic Treaty Organization (NATO) military air conference at 15 percent of the total re- rectly viewed as humanity at its most operation in the former Yugoslavia victori- sources pledged by all donors: Now, there- fundamental level, Ed has been forced ously concluded with the withdrawal of all fore, be it to endure deprivations that are down- Serbian police, paramilitary, and military Resolved, That— right abysmal. forces from Kosova; (1) the European Union should continue to The prison where Mr. Pope is being Whereas after the NATO victory, the inter- bear the primary responsibility and costs for held is a grim reminder of a system of national community mobilized assistance the economic reconstruction of Kosova, and that helped feed and house more than take all necessary steps to ensure that its fu- government that for too long has sub- 1,000,000 Kosova refugees before the first ture budgets provide the required resources ordinated human rights. Ed Pope’s post-war winter; in a timely fashion; harsh imprisonment illustrates Rus- Whereas nearly 1,000,000 refugees and hun- (2) the administration of all baseline serv- sia’s continued hostility to the West, dreds of thousands of internally displaced ices such as police, sanitation, water, tele- despite its repeated assurances that persons attempted to return to their homes communications, and electrical supply Russia wants to join the ranks of the in Kosova in the belief that a peaceful, sta- should be put into the hands of the people of world’s civilized nations. ble, and just society would be created Kosova at the earliest possible date; I am dismayed by President Putin’s through their diligent efforts, supported by (3) the strategy for economic reconstruc- the international community; tion in Kosova should be focused on utilizing squandering of an opportunity to dem- Whereas United Nations Security Council private investment and empowerment of the onstrate to the nations of the world Resolution 1244 (June 10, 1999) established people of Kosova to take charge of their live- that a new Russia has indeed risen the United Nations Mission in Kosovo lihoods; from the ashes of the old Soviet Union, (UNMIK) as the sole administration of the (4) the United States Government should a nation that values human rights and province until such time as its political sta- make it a priority to promote noncorrupt the rule of international law. But until tus is decided; government and business practices in Kosova Mr. Pope is released and the judicial Whereas some 2,000 citizens were illegally by providing judicial training and technical system in Russia improves, this trans- detained and kidnapped to Serbia by Serbian advice and assistance to police, border po- forces as they withdrew from Kosova in vio- lice, and customs officers; formation will be incomplete. lation of the Geneva Conventions and inter- (5) the United Nations Security Council If the question of Mr. Pope’s guilt or national humanitarian law; should demand the immediate and uncondi- innocence is to be debated, it must Whereas an additional 5,000 Kosova citizens tional return of all Kosova prisoners from only be after he is allowed access to are believed to be detained in Serbian pris- Serbia; the medical care his condition de- ons; (6) the international peacekeeping force in mands. With the release of Ed Pope, Whereas the international mission in Mitrovice should take immediate measures President Putin can demonstrate that Kosova successfully negotiated an agree- to ensure that all the residents are able to he is serious about eliminating the dis- ment with the Kosovo Liberation Army return in security to their homes; (KLA) to disband and publicly hand over its (7) all the citizens of Kosova should avail trust and hesitation that has charac- weapons; themselves of the opportunity to democrat- terized U.S. and Russian relations for Whereas hundreds of Kosova Albanian citi- ically express their political preferences by decades. Or he can continue to prolong zens have been prevented from returning to participating in the elections on October 28, Ed’s unjust captivity and reinforce the their homes in the divided city of Mitrovice 2000;

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00083 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.168 pfrm01 PsN: H10PT1 H9590 CONGRESSIONAL RECORD — HOUSE October 10, 2000 (8) the resolve of the international commu- lectual lights of Kosovar society: doc- I rise in strong support of this resolu- nity to work towards lasting peace, sta- tors, lawyers, journalists and teachers. tion because although the inter- bility, and justice in Kosova will not be de- The fact that the international com- national community talks a good terred by Slobodan Milosevic’s provocations munity has remained nearly mute in game, the European Union has not met within the region; and (9) all citizens of Kosova should adhere to the face of their continued detention is its pledges even though it has contrib- the principles enunciated by community disappointing, and the refusal of the uted the majority of the funding for leaders at the Airlie House declaration of U.N. Security Council to demand their Kosovo reconstruction. This resolution July 23, 2000, where all parties agreed to a immediate release is troubling and un- calls upon the EEU to do so. rigorous Campaign Against Violence, rep- acceptable. As the resolution states, police, sani- resentation of all citizens in municipal coun- Until the Kosovar detainees have tation, telecommunications, elec- cils, surrendering of illegal weapons, a com- been released and accounted for, no tricity and water supply have not been mitment to counter Slobodan Milosevic’s in- real peace will be able to come to adequately put forth for the people of fluence in Kosova, and to dissolve any other Kosovo. I would hope that the new gov- illegitimate governing and security struc- Kosovo. It is too long. It must end. tures. ernment in Serbia under President This resolution also calls, as the Kostunica will cooperate in remedying The SPEAKER pro tempore. Pursu- chairman pointed out, for the imme- this tragic situation. diate return of all Kosovar prisoners ant to the rule, the gentleman from The important industrial town of New York (Mr. GILMAN) and the gen- still being held in Serbia. There are Mitrovice remains a divided city where still hundreds of Kosovars in Serb jails, tleman from American Samoa (Mr. international peacekeepers have been FALEOMAVAEGA) each will control 20 perhaps thousands, including Flora unable to return hundreds of ethnic Al- Brovina and Albin Kurti. They should minutes. banian residents to their homes. Fail- The Chair recognizes the gentleman be freed immediately and returned to ure to resolve this issue leaves the their families in Kosovo. from New York (Mr. GILMAN). shadow of possible partition hanging GENERAL LEAVE It is an outrage that when the Serbs over Kosovo. were retreating from Kosovo they cap- Mr. GILMAN. Mr. Speaker, I ask Another problem in the U.N.’s ap- unanimous consent that all Members tured Kosovar Albanians and impris- proach to the Kosovo mission is the oned them, dragged them to Belgrade, may have 5 legislative days within issue of who should be able to control which to revise and extend their re- dragged them into Serbia, and impris- and operate important economic assets oned them where they remain today. marks on H.Res. 451. such as the Trepca mines. Although The SPEAKER pro tempore. Is there These people should be freed imme- there have been recent steps to explore diately. objection to the request of the gen- reopening this most important eco- This resolution also gives Congress tleman from New York? nomic asset for many months, the U.N. an opportunity to discuss broader There was no objection. did not take any action because of its issues. I and all Americans congratu- Mr. GILMAN. Mr. Speaker, I yield fears that Serb ownership would be an late the Serbian people for the birth of myself such time as I may consume. obstacle. democracy in their land and for finally (Mr. GILMAN asked and was given Elections have been scheduled in 30 running their murderous leader, permission to revise and extend his re- municipalities throughout Kosovo for Milosevic, out of office. marks.) October 28. This resolution calls upon Mr. GILMAN. Mr. Speaker, I have all the citizens of Kosovo to avail Yet, while the United States is cer- brought this measure to the floor of themselves of the Democratic process tainly pleased of the changes in Serbia, the House in order to call attention to and to peacefully express their polit- there are significant issues which we some continuing problems in the inter- ical preferences. Let us hope that the must consider. The most important is national community’s efforts to bring adoption of this resolution and those the question of sanctions. We must be about a stable, just, and a lasting peace upcoming elections will provide the be- open to the new Democratically elect- to the people of Kosovo. ginning of the journey to a lasting and ed government in Serbia. President The Committee on International Re- just peace in Kosovo. Kostunica needs the opportunity to lations approved this measure without Accordingly, Mr. Speaker, I urge my succeed. Lifting some sanctions should dissent and it represents a bipartisan colleagues in the House to support H. be on the table, but lifting all should consensus on the part of our committee Res. 451. not. members on how to redress some of the Mr. Speaker, I reserve the balance of I agree with the actions of the Clin- difficulties in Kosovo. I ask all our my time. ton administration maintaining visa House colleagues to join with us today Mr. FALEOMAVAEGA. Mr. Speaker, restrictions against Milosevic and his in supporting H. Res. 451. I yield 6 minutes to the gentleman lieutenants, but I am also concerned Our principal concern is that the from New York (Mr. ENGEL) one of the about lowering the outer wall of sanc- international community, rather than original cosponsors of this legislation. tions. Those must remain on Serbia. fostering a self-reliant, prosperous Mr. ENGEL. Mr. Speaker, I thank my We have withheld international fi- Kosovar-run Kosovo, is creating a new colleague from American Samoa for nancial institution assistance because international dependency hooked on yielding me the time. Belgrade was opposing the work of the assistance funds and the presence of Mr. Speaker, I rise in strong support International War Crimes Tribunal and numerous international aid workers. of H.Res. 451. I am an original cospon- denying Kosovars the right to self-de- What seems to have been overlooked sor. I commend the chairman of our termination. For the outer wall to in the current approach is the fact that Committee on International Relations crumble while President Kostunica re- prior to the move to strip away for sponsoring this resolution and for jects the tribunal, and he is rejecting it Kosovo’s political autonomy in 1989, the work that he has done on Kosovo still, and Serbia is still acting as and even during the decade of oppres- and on so many other wonderful things though nothing happened in Kosovo, is sion the Kosovars suffered under in the House Committee on Inter- unwise. Milosevic, the Kosovar people dem- national Relations, and I am honored The new government in Belgrade onstrated a remarkable amount of ini- to cosponsor this resolution with him. must recognize the new reality in tiative and economic skill. These char- This calls for lasting peace, justice, Kosovo. After the thousands of deaths acteristics should be part of our strat- and stability in Kosovo. And it is some- and tens of thousands of wounded, it egy in restoring Kosovo’s economy. thing that is still illusive even after remains extremely difficult to ever Another problem is the plight of the successful American intervention imagine Kosovo again as part of Ser- thousands of Kosovars who are being il- there where we prevented lives from bia. Kosovo deserves the opportunity legally detained in Serbia. Some of being lost, we prevented ethnic cleans- to be dependent and the outer wall of these individuals were taken in the ing and genocide. I am very, very proud sanctions against Serbia should remain final hours of Serbia’s sway over of the role that this country and this in place until Serbia is prepared to be Kosovo last June as virtual hostages. Congress have played in saving the part of a solution, not the problem, in They include some of the leading intel- Kosovar people, the people of Kosovo. Kosovo.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.083 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9591 Independence for Kosovo is some- The culpability of Milosevic for war Again my compliments and com- thing that is right. And as the chair- crimes and crimes against humanity mendation to the gentleman from New man pointed out, elections are being for which he has been indicted have York (Mr. GILMAN), the gentleman held later on this month and it will be also been made clear. It is also obvious from California (Mr. LANTOS), the gen- the first opportunity for Kosovars to that there is an unacceptable lack of tleman from New York (Mr. ENGEL) participate in democracy. And I would security in Kosovo, evident in the fre- and certainly the chairman of our Sub- urge all of them do so. And that ought quent instances of violence and de- committee on International Operations to be the first step in a free and inde- struction in the period since the con- and Human Rights, the gentleman pendent and democratic Kosovo. flict ended. from New Jersey (Mr. SMITH) for their There are still, however, many prob- Last week, Mr. Speaker, major primary sponsorship of this legislation. lems. Mitrovice is a divided city. The change finally came to Yugoslavia. The Mr. Speaker, I rise in strong support Serbs have occupied the mines and people voted to throw Slobodan of this measure which enjoys strong bi- have not allowed the Albanian Milosevic out of office. And when he partisan support. It is also supported Kosovars to be able to establish any would not leave, they took to the by the administration. Congressional kind of economic viability because of streets to make clear that they had oversight of policy in Kosovo is remiss the occupation of these mines. Those had enough. if it only looks at the inevitable prob- mines are part of Kosovo and should While President Kostunica takes a lems that follow 40 years of com- not be occupied by the Serbs. nationalist point of view, he neverthe- munism, 10 years of apartheid and 1 Mitrovice should not be a divided less appears willing to work towards year of brutal armed aggression. Re- city. Albanians there are being pre- democracy and the rule of law rather sponsible oversight must also recognize vented from returning to their homes. than create more problems. achievements as well as goals for fu- That must not stand. I was pleased to hear that he has al- ture progress. Finally, Belgrade must finally recog- ready indicated his willingness to look After the NATO victory, the inter- nize the independence of Bosnia. Until into the cases of Kosovar Albanians national community mobilized assist- Belgrade gives up on controlling lands who right now, today, are languishing ance that helped feed and house more on both sides of the Drina River and es- in Serbian prisons. than one million Kosovo refugees be- tablishes permanent diplomatic rela- fore the first postwar winter. The b 2100 tions with Bosnia, the Yugoslav state international mission in Kosovo suc- succession question will still fester. I believe he will, and every friend of cessfully negotiated an agreement with And by the way, while we are saying democracy fully expects him to do the the Kosovo Liberation Army to disband that the Kosovars have the right to right thing. At one of our Helsinki and publicly hand over its weapons. self-determination and independence, Commission hearings, we heard terrible Although daily life in Kosovo has sig- and they must have that right, I be- testimony, horrible conditions about nificantly improved compared to the lieve the Montenegrins have as well. these people who have been held in violence, devastation and chaos that Yugoslavia is a fallacy. Serbia con- these terrible prisons, Kosovar Alba- plagued the region during armed con- tinues to keep the Montenegrins as nians who have committed no crimes. flict a year ago, more must be done, part of so-called Yugoslavia and con- We ask, we demand that they be re- tinues the fallacy that Kosovo is part Mr. Speaker, to develop a self-sus- leased now, immediately. Let the Alba- taining economy that discourages the of Yugoslavia. The Kosovar Albanians nians go. and the Montenegrins should have the rise of criminal elements. Mr. Speaker, in closing, I think it is The European Union must also con- right to self-determination and should critical that we strongly condemn all tinue to bear the primary responsi- have the right to establish their own of the violence which is occurring in bility and costs for the economic re- democratic nations if they so desire. Kosovo today regardless of the eth- Therefore, while I rise in favor of this construction of Kosovo and take all important resolution, I urge my col- nicity of the victim, regardless of the necessary steps to ensure that its fu- leagues to keep in mind the bigger pic- ethnicity of the culprit. I have been a ture budgets provide the required re- ture in the form Yugoslavia. I urge all strong critic of Serbian repression in sources in a timely fashion. my colleagues to support H. Res. 451. Kosovo in the past. As a matter of fact, Mr. Speaker, the administration of Mr. GILMAN. Mr. Speaker, I am when I met Milosevic the first time in all basic services such as police, sanita- pleased to yield 5 minutes to the gen- Belgrade in the early 1990s, I raised the tion, water, telecommunications and tleman from New Jersey (Mr. SMITH) issue of his police, his thugs who are electrical supply should be put into the the distinguished chairman of our Sub- committing egregious abuses against hands of the people of Kosovo at the committee on International Operations the Kosovar Albanians and called on earliest possible date. The inter- and Human Rights. him and his thugs to stop it. But let me national peacekeeping force in Mr. SMITH of New Jersey. Mr. also say that none of us want to accept Mitrovica should take immediate Speaker, I thank my good friend the any wanton acts of violence whether it measures to ensure that all the resi- gentleman from New York (Mr. GIL- be revenge against Serbs or other mem- dents are able to return in security to MAN) for his leadership in bringing this bers of minorities in Kosovo. There- their homes. And, most importantly, very important resolution to the floor fore, and I think this is important in all citizens of Kosovo should follow the today and to my good friends on the the resolution, the Campaign Against principles enunciated by community minority side and the gentleman from Violence mentioned in this resolution leaders at the Airlie House declaration American Samoa (Mr. FALEOMAVAEGA) is absolutely critical for all sides to ac- of July 23 of this year which included for his leadership and the gentleman cept and to implement. I would hope antiviolence, representation of all citi- form Connecticut (Mr. GEJDENSON). that the Albanians will criticize Alba- zens in local councils, surrendering il- This is the time for us to make this nians and Serbs will criticize Serbs legal weapons, a commitment to statement, and I think we are doing it when that Campaign Against Violence counter Slobodan Milosevic’s influence collectively as a Congress. Hopefully is transgressed. We need peaceful non- in Kosovo as well as dissolving any our voices will be heard in Serbia. violence in Kosovo and in Serbia. This other illegitimate governing and secu- Mr. Speaker, I am an original cospon- resolution calls on all parties to stand rity structures. sor of H. Res. 451 and I strongly support down. Mr. Speaker, the winds of democratic its passage here today. Mr. GILMAN. Mr. Speaker, I want to change have swept through the region In a series of hearings that we held thank the gentleman from New Jersey in recent days and months, bringing in on the Helsinki Commission, which I (Mr. SMITH) for his eloquent support of democratic reform in Croatia and top- chair, the atrocities committed in this measure. pling Slobodan Milosevic from control- Kosovo by Yugoslav and Serbian forces Mr. Speaker, I reserve the balance of ling Serbia. In the wake of these dra- have been very amply documented and my time. matic events, the resolution before the the continued incarceration of Kosovar Mr. FALEOMAVAEGA. Mr. Speaker, House today supports greater progress Albanians in Serbian prisons were de- I yield myself such time as I may con- towards reconciliation within Kosovo tailed in very numbing detail. sume. and between the member nations of

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00085 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.154 pfrm01 PsN: H10PT1 H9592 CONGRESSIONAL RECORD — HOUSE October 10, 2000 southeast Europe to build a commu- turn, local integration in countries of first Congress is able to record its immense nity of cooperating democracies and asylum, and resettlement; respect for the UNHCR on the occasion growing free market economies. Whereas vulnerable refugees, particularly of this important milestone. Again I urge my colleagues to sup- women, children, and the elderly, face spe- We should also note that H. Res. 577 cial protection and assistance needs and port this resolution. UNHCR must continue to emphasize their pays fitting tribute to our current High Mr. Speaker, I have no further re- needs in its policy and program efforts; Commissioner, Dr. Sadako Ogata, who quests for time, and I yield back the Whereas, in collaboration with other inter- is stepping down after completing a balance of my time. national agencies and nongovernmental or- meritorious 10-year tour of duty in this Mr. GILMAN. Mr. Speaker, I want to ganizations, UNHCR has shaped policies on vital international post. During her thank the gentleman from American which the international community can tenure, Commissioner Ogata has seen Samoa for his support of this resolu- agree to move forward on peacefully resolv- the case load of refugees and persons of tion. ing refugee situations; concern to her office rise to a total of Whereas under the leadership of High Com- Mr. Speaker, I have no further re- missioner Sadako Ogata and her prede- some 22 million. These millions are in- quests for time, and I yield back the cessors, UNHCR has made invaluable con- dicative of the increase in wars, inter- balance of my time. tributions for humanity by helping to pro- nal conflicts and natural disasters that The SPEAKER pro tempore (Mr. mote peace and respect for human rights for have produced a tide of human suf- PEASE). The question is on the motion all uprooted peoples; and fering that has only been paralleled in offered by the gentleman from New Whereas UNHCR has twice been awarded the past by our most serious global York (Mr. GILMAN) that the House sus- the Nobel Peace Prize for its service to hu- conflicts. pend the rules and agree to the resolu- manity: Now, therefore, be it The UNHCR has also had to exceed Resolved, That the United States House of the terms of its own mandate as laid tion, House Resolution 451, as amend- Representatives— ed. (1) recognizes and honors the United Na- out in the statutes that created the of- The question was taken; and (two- tions High Commissioner for Refugees fice of high commissioner some 50 thirds having voted in favor thereof) (UNHCR) on the occasion of its 50th anniver- years ago by providing invaluable as- the rules were suspended and the reso- sary for its contributions on behalf of the sistance to those vulnerable individ- lution, as amended, was agreed to. world’s refugees; uals who are internally displaced with- A motion to reconsider was laid on (2) expresses its support for the continued in the borders of their home nations the table. efforts of UNHCR; but are also victims of persecution or (3) affirms its support for international human rights abuses. f protection for the victims of persecution and human rights violations and for the achieve- As global events have become more HONORING UNITED NATIONS HIGH ment of durable solutions for refugees; and complex, Mr. Speaker, the UNHCR has COMMISSIONER FOR REFUGEES (4) calls on the international community been able to adapt itself to meeting the Mr. GILMAN. Mr. Speaker, I move to to work together with UNHCR in efforts to new challenges these situations have suspend the rules and agree to the reso- ensure that host countries uphold humani- presented. It is hoped, therefore, that tarian principles and the human rights of this resolution, by calling attention to lution (H. Res. 577) to honor the United refugees, to lessen the impact of refugees on Nations High Commissioner for Refu- the good work performed by the host countries, and to promote the safe vol- UNHCR and by the staff of that office, gees (UNHCR) for its role as a pro- untary repatriation, local integration, or re- tector of the world’s refugees, to cele- settlement of refugees. will increase the support by American citizens and others around the world of brate UNHCR’s 50th anniversary, and The SPEAKER pro tempore. Pursu- to praise the High Commissioner the effort spearheaded by the UNHCR. ant to the rule, the gentleman from Accordingly, Mr. Speaker, I urge our Sadako Ogata for her work with New York (Mr. GILMAN) and the gen- UNHCR for the past 10 years, as amend- colleagues to support H. Res. 577. tleman from American Samoa (Mr. Mr. Speaker, I reserve the balance of ed. FALEOMAVAEGA) each will control 20 my time. The Clerk read as follows: minutes. Mr. FALEOMAVAEGA. Mr. Speaker, H. RES. 577 The Chair recognizes the gentleman I yield myself such time as I may con- Whereas since the founding of the United from New York (Mr. GILMAN). sume. Nations High Commissioner for Refugees GENERAL LEAVE (Mr. FALEOMAVAEGA asked and (UNHCR) in December 1950, it has become Mr. GILMAN. Mr. Speaker, I ask was given permission to revise and ex- one of the world’s principal humanitarian agencies with 244 offices in 118 countries and unanimous consent that all Members tend his remarks.) helps nearly 22,000,000 people in more than may have 5 legislative days within Mr. FALEOMAVAEGA. Mr. Speaker, 140 countries; which to revise and extend their re- again I want to compliment the chief Whereas on December 14, 2000, UNHCR marks on this measure. sponsor of this bill the gentleman from marks a half-century of helping millions of The SPEAKER pro tempore. Is there Ohio (Mr. HALL) and our chairman of the world’s most vulnerable and courageous objection to the request of the gen- the Committee on International Rela- people; tleman from New York? tions, the gentleman from New York Whereas UNHCR continues to fulfill its There was no objection. (Mr. GILMAN), and also the ranking mandate, as adopted by the United Nations Mr. GILMAN. Mr. Speaker, I yield General Assembly on December 14, 1950, to member of our committee, the gen- provide international protection to refugees myself such time as I may consume. tleman from Connecticut (Mr. GEJDEN- and persons seeking asylum and to seek du- (Mr. GILMAN asked and was given SON). rable solutions to their problems; permission to revise and extend his re- Mr. Speaker, I rise in strong support Whereas UNHCR has worked to ensure re- marks.) of this resolution. House Resolution 577 spect of refugees’ basic human rights and ad- Mr. GILMAN. Mr. Speaker, I rise in honors and recognizes the United Na- herence to the principle of nonrefoulement, strong support of H. Res. 577, in obser- tions High Commissioner for Refugees which prohibits the expulsion and return of vation of the 50th anniversary of the on the occasion of its 50th anniversary refugees to countries or territories where establishment of the United Nations their lives or freedom would be threatened; for its contributions on behalf of the Whereas the United States and its citizens High Commissioner for Refugees. This world’s refugees. On December 14 of have long welcomed refugees to our shores; measure honors the excellent service this year, the UNHCR will mark a half Whereas, although UNHCR’s responsibil- that the UNHCR has provided the century of helping millions of the ities under its original mandate do not in- international community since 1950. world’s most vulnerable people. clude internally displaced persons, it plays a This comparatively small agency of As I said earlier, I want to commend critical role in assisting and protecting in- the U.N., since its inception, has helped the gentleman from Ohio for intro- ternally displaced populations in many situ- ameliorate and, in many instances, re- ducing this legislation on behalf of ations, particularly where refugee and inter- solve the plight of millions of victims many of the hungry and homeless peo- nally displaced populations are mixed; Whereas the heart of UNHCR’s mandate is of persecution and abuse. I would like ple around the world. The UNHCR, Mr. protection, and UNHCR must continue to to commend our colleague the gen- Speaker, has been mandated by the emphasize protection in choosing durable so- tleman from Ohio (Mr. HALL) for his United Nations to lead and coordinate lutions for refugees, including voluntary re- diligence in making certain that this international action for the worldwide

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.157 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9593 protection of refugees and the resolu- As the resolution rightly points out, b 2115 tion of refugee problems. It is one of it is important that the UNHCR never We can go on, but I want to thank the world’s principal humanitarian or- forget that the heart of its mandate is the gentleman from New Jersey (Mr. ganizations helping some 23 million protection. Donor countries including a SMITH); and I thank the gentleman people in more than 140 countries. major donor, the United States, often from New York (Mr. GILMAN) also for Mrs. Sadako Ogata has served as the forget this. Our own contribution to his outstanding leadership when it United Nations High Commissioner for refugee protection around the world is comes to the issue of human rights. Refugees now for nearly 10 years. It is about 20 percent lower than it was just Mr. Speaker, I yield back the balance one of the toughest jobs and she has 5 years ago and most other countries of my time. done a magnificent and superb job of have done even worse. Moreover, coun- bringing both professionalism and com- tries of first asylum, to which refugees Mr. GILMAN. Mr. Speaker, I yield passion to the organization over her have fled from persecution or the fear myself such time as I may consume. decade of service not only to the of persecution, often wish they would Mr. Speaker, I want to thank the United Nations but certainly to the go away. And sometimes the brutal re- gentleman from American Samoa (Mr. people of the world. gimes from which they fled are only all FALEOMAVAEGA) for his leadership This resolution also calls on the too happy to get them back. So there is on these measures we have had before international community to bring to- always pressure on the UNHCR to pre- us at this late hour, and I want to gether with UNHCR an effort to reas- tend that mass repatriation would be thank the gentleman from New Jersey sure that host countries uphold hu- safe when, in fact, it is dangerous or to (Mr. SMITH) for his advocacy. manitarian and human rights prin- pretend that repatriation is voluntary Mr. HALL of Ohio. Mr. Speaker, I also want ciples for refugees, to lessen the impact when, in fact, the refugees and asylum to thank Chairman GILMAN and SAM GEJDEN- of refugees on host countries, and to seekers are given no choice. SON and CHRIS SMITH for their leadership in promote the safe and voluntary repa- Mr. Speaker, we are the sub- moving this resolution through Committee and triation, local integration or resettle- committee of jurisdiction on refugee for their strong support of the bill. ment of these refugees. protection. We have had numerous I am proud to be the sponsor of H. Res. 577 While the resolution before the House hearings on many parts of the world, which honors and recognizes the United Na- does not deal with the refugee situa- including Africa, the Great Lakes re- tions High Commissioner for Refugees tion in West Timor, Indonesia, it is im- gion, Rwanda, and I take a back seat to (UNHCR) on the occasion of its 50th anniver- portant, however, to remember the re- no one and my very good friend the sary for its contributions on behalf of the cent killing of three UNHCR workers ranking member, the gentlewoman world's refugees. On December 14, 2000, who were helping East Timorese refu- from Georgia (Ms. MCKINNEY), has like- UNHCR will mark a half-century of helping mil- gees. These UNHCR employees, includ- wise been there and the gentleman lions of the world's most vulnerable people. ing one American, were trying to bring from California (Mr. LANTOS) who was UNHCR has been mandated by the United order to the refugee camps and create a the ranker 2 years ago in raising con- Nations to lead and coordinate international situation where the East Timorese ref- cerns about people being forced back action for the world-wide protection of refu- ugees could return home. Their killing when they had a real fear of persecu- gees and the resolution of refugee problems. by the militias was deplorable. We tion and many of those people when It is one of the world's principal humanitarian must always remember the dangerous forced back have come to a very un- organizations helping 23 million people in conditions which these workers are ex- timely and unfortunate fate. Occasion- more than 140 countries. posed to. ally, as in the so-called comprehensive Madam Sadako Ogata has served as the I would be remiss, Mr. Speaker, if I plan of action, for example, asylum United Nations High Commissioner for Refu- did not also offer my compliments and seekers from Indochina, the UNHCR in gees now for nearly ten years. it is a tough commendation to Ms. Kathleen Mazed that case yielded to pressure. On these job, and Madam Ogata has performed su- who is the staff consultant on this side occasions, I and other Members as I perbly, bringing both professionalism and com- of the aisle of our committee for the have pointed out were among UNHCR’s passion to the organization over her decade of superb job that she has done not only strongest critics. However, on many, service. to this piece of legislation but three many other occasions, the UNHCR has This resolution also calls on the international other pieces of legislation. I want to stood for the principle of protection, community to work together with UNHCR in thank her and recognize her services even at great risk to its own institu- efforts to ensure that host countries uphold for doing this. tional interests. This resolution cele- humanitarian and human rights principles for Mr. Speaker, I reserve the balance of brates those instances of courage, refugees, to lessen the impact of refugees on my time. those instances of compassion over the host countries, and to promote the safe vol- Mr. GILMAN. Mr. Speaker, I am last 50 years and particularly during untary repatriation, local integration, or reset- pleased to yield 5 minutes to the dis- the stewardship of Dr. Ogata. tlement of refugees. tinguished gentleman from New Jersey I support this resolution and urge my I would urge my colleagues to support this (Mr. SMITH), chairman of the Sub- colleagues to support it. legislation. committee on International Operations Mr. GILMAN. Mr. Speaker, I want to Mr. GILMAN. Mr. Speaker, I have no and Human Rights. thank the gentleman from New Jersey further requests for time, and I yield Mr. SMITH of New Jersey. Mr. (Mr. SMITH) for his strong advocacy of Speaker, I thank the gentleman for back the balance of my time. this measure. The SPEAKER pro tempore (Mr. yielding me this time. I am very proud Mr. Speaker, I reserve the balance of to be a cosponsor of this resolution in- PEASE). The question is on the motion my time. offered by the gentleman from New troduced by my good friend, the gen- Mr. FALEOMAVAEGA. Mr. Speaker, York (Mr. GILMAN) that the House sus- tleman from Ohio (Mr. HALL), whose I yield myself such time as I may con- pend the rules and agree to the resolu- commitment to human rights and hu- sume. manitarian principles is well known. I want to say, Mr. Speaker, if there is tion, H. Res. 577, as amended. The resolution celebrates the 50th an- ever a champion and someone any- The question was taken; and (two- niversary of the office of the United where in the four corners of the world thirds having voted in favor thereof) Nations High Commissioner for Refu- that I will travel as someone to attend the rules were suspended and the reso- gees, the UNHCR. It commends the with me when we talk about human lution, as amended, was agreed to. UNHCR on its good work over the rights is none other than the gen- A motion to reconsider was laid on years and congratulates the present tleman from New Jersey (Mr. SMITH). I the table. High Commissioner, Dr. Ogata, who want to commend him for that. I know f will be retiring in December. The Sub- that the situation in West Papua, New committee on International Operations Guinea now is burning up to a situa- PROVIDING FOR VOTING IN and Human Rights made minor tech- tion given the fact that some 300,000 MILITARY INSTALLATIONS nical changes to the legislation and re- West Papains were murdered, tortured, Mr. BARTLETT of Maryland. Mr. ported it favorably to the full com- and killed by the Indonesian military Speaker, I move to suspend the rules mittee which reported it out last week. since 1963. and pass the bill (H.R. 5174) to amend

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.160 pfrm01 PsN: H10PT1 H9594 CONGRESSIONAL RECORD — HOUSE October 10, 2000 titles 10 and 18, United States Code, polling places in Federal, State, and local cilities regardless of the benign cir- and Revised Statutes to remove the un- elections for public office in accordance with cumstances in the absence of a threat certainty regarding the authority of section 2670(b), 18235, or 18236 of title 10.’’. of coercion by military forces. (2) Section 593 of such title is amended by The simple fact is that in some re- the Department of Defense to permit adding at the end the following: buildings located on military installa- ‘‘This section shall not prohibit the use of mote and rural locations in our Nation, tions and reserve component facilities buildings located on military installations, military facilities are important com- to be used as polling places in Federal, or the use of reserve component facilities, as munity resources that have been used State and local elections for public of- polling places in Federal, State, and local for polling for a number of years. The fice. elections for public office in accordance with members of the local community that The Clerk read as follows: section 2670(b), 18235, or 18236 of title 10.’’. have used DOD facilities for voting are (d) CONFORMING AMENDMENT TO VOTING H.R. 5174 not threatened by the military forces RIGHTS LAW.—Section 2003 of the Revised that live and work in their commu- Be it enacted by the Senate and House of Rep- Statutes (42 U.S.C. 1972) is amended by add- resentatives of the United States of America in ing at the end the following: ‘‘Making a mili- nities. Congress assembled, tary installation or reserve component facil- It is important to note that this lan- SECTION 1. USE OF BUILDINGS ON MILITARY IN- ity available as a polling place in a Federal, guage does not require military com- STALLATIONS AND RESERVE COM- State, or local election for public office in manders to open their facilities for PONENT FACILITIES AS POLLING accordance with section 2670(b), 18235, or voting. The bill only makes explicit PLACES. 18236 of title 10, United States Code, shall be that polling on military facilities is (a) USE OF MILITARY INSTALLATIONS AU- deemed to be consistent with this section.’’. not illegal. THORIZED.—Section 2670 of title 10, United (e) AVAILABILITY OF POLLING PLACES FOR Mr. Speaker, H.R. 5174 does not force States Code, is amended— 2000 FEDERAL ELECTIONS.—If a military in- (1) by striking ‘‘Under’’ and inserting ‘‘(a) either local community leaders nor the stallation or reserve component facility was military commanders to use military USE BY RED CROSS.—Under’’; made available as the site of a polling place (2) by striking ‘‘this section’’ and inserting with respect to an election for Federal office facilities for voting. However, if both ‘‘this subsection’’; and held during 1998, the same or a comparable sides agree that using military facili- (3) by adding at the end the following new site shall be made available for use as a poll- ties for polling is in the best interest of subsection: ing place with respect to the general election the community and the military mis- ‘‘(b) USE AS POLLING PLACES.—(1) Notwith- for Federal office to be held in November sion is not harmed as a result, then standing chapter 29 of title 18 (including sec- 2000. this bill authorizes the military com- tions 592 and 593 of such title), the Secretary (f) CLERICAL AMENDMENTS.—(1) The head- mander to make the facilities available of a military department may make a build- ing of section 2670 of title 10, United States ing located on a military installation under legally. Code, is amended to read as follows: I commend the gentleman from Cali- the jurisdiction of the Secretary available ‘‘§ 2670. Buildings on military installations: use by fornia (Mr. THOMAS) for bringing this for use as a polling place in any Federal, American National Red Cross and as State, or local election for public office. polling places in Federal, State, and important matter to the attention of ‘‘(2) Once a military installation is made local elections’’ the House, and I urge my colleagues to available as the site of a polling place with (2) The item relating to such section in vote yes on H.R. 5174. respect to a Federal, State, or local election the table of sections at the beginning of Mr. Speaker, I reserve the balance of for public office, the Secretary shall con- chapter 159 of such title is amended to read my time. tinue to make the site available for subse- as follows: Mr. ABERCROMBIE. Mr. Speaker, I quent elections for public office unless the ‘‘2670. Buildings on military installations: yield myself such time as I may con- Secretary provides to Congress advance no- use by American National Red sume. tice in a reasonable and timely manner of Cross and as polling places in the reasons why the site will no longer be (Mr. ABERCROMBIE asked and was Federal, State, and local elec- given permission to revise and extend made available as a polling place. tions.’’. ‘‘(3) In this section, the term ‘military in- his remarks.) stallation’ has the meaning given the term The SPEAKER pro tempore. Pursu- Mr. ABERCROMBIE. Mr. Speaker, I in section 2687(e) of this title.’’. ant to the rule, the gentleman from rise reluctantly in opposition to H.R. (b) USE OF RESERVE COMPONENT FACILI- Maryland (Mr. BARTLETT) and the gen- 5174. TIES.—(1) Section 18235 of title 10, United tleman from Hawaii (Mr. ABERCROMBIE) One important component of U.S. foreign States Code, is amended by adding at the end each will control 20 minutes. policy is the promotion of democracies world- the following new subsection: The Chair recognizes the gentleman wide. Each time the U.S. supports a fledgling ‘‘(c) Pursuant to a lease or other agree- from Maryland (Mr. BARTLETT). ment under subsection (a)(2), the Secretary democracy, we insist on a clear decoupling of may make a facility covered by subsection GENERAL LEAVE the civilian leadership and a nation's military. (a) available for use as a polling place in any Mr. BARTLETT of Maryland. Mr. We insist that the military subsume itself to ci- Federal, State, or local election for public Speaker, I ask unanimous consent that vilian control by elected officials. This principle office notwithstanding chapter 29 of title 18 all Members may have 5 legislative is as important today as it was to our Found- (including sections 592 and 593 of such title). days within which to revise and extend ers. Because of the strength of that principle Once a facility is made available as the site their remarks on H.R. 5174. I must stand in strong opposition to the meas- of a polling place with respect to an election The SPEAKER pro tempore. Is there ure before us today. Protection of this endur- for public office, the Secretary shall con- objection to the request of the gen- tinue to make the facility available for sub- ing principle requires adherence to established sequent elections for public office unless the tleman from Maryland? procedures. Secretary provides to Congress advance no- There was no objection. There is a longstanding tradition of avoiding tice in a reasonable and timely manner of Mr. BARTLETT of Maryland. Mr. the politicization of military bases. Polling ac- the reasons why the facility will no longer be Speaker, I yield myself such time as I tivity brings with it electioneering, and that ac- made available as a polling place.’’. may consume. tivity on a military base is clearly inappro- (2) Section 18236 of such title is amended Mr. Speaker, H.R. 5174 clarifies the priate. by adding at the end the following new sub- authority of the Secretary of the De- Military personnel vote at their home of section: fense to use DOD facilities as polling record. For most, this means that they vote ‘‘(e) Pursuant to a lease or other agree- places in Federal, State and local elec- ment under subsection (c)(1), a State may through absentee ballot. There is no indication make a facility covered by subsection (c) tions for public office. that military personnel are currently available for use as a polling place in any Mr. Speaker, H.R. 5174 brings a com- disenfranchised, and that this measure would Federal, State, or local election for public mon sense approach to the issue of vot- be necessary. office notwithstanding chapter 29 of title 18 ing on military installations. There is There may be legal considerations regard- (including sections 592 and 593 of such no retrenchment from the prohibition ing the assignment of precincts and other title).’’. against using military forces to influ- state election laws. These may conflict with (c) CONFORMING AMENDMENTS TO TITLE 18.— ence voters. The Congress will remain federal considerations. (1) Section 592 of title 18, United States Code, vigilant against any potential that The addition of new polling places may re- is amended by adding at the end the fol- lowing: military forces could be used to intimi- quire that the states provide new balloting ma- ‘‘This section shall not prohibit the use of date voters. However, we must guard chines. There is no funding for this under this buildings located on military installations, against the over reaction that voting measure, and may therefore present the or the use of reserve component facilities, as must never be allowed on military fa- states with an unfunded mandate.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00088 Fmt 4634 Sfmt 9920 E:\CR\FM\K10OC7.170 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9595 Many of our bases are open bases with free ception that the military has authority over The Department has a longstanding policy access to civilians. However, some bases are the election process. prohibiting the use of military installations not for national security and/or force protection Further, as polling sites for elections. This policy is based on sound public policy of maintaining The principle that the military shall re- reasons. It is unclear how this bill would affect strict separation between the military and main separated from the electoral process is those concerns. the political process. The policy of sepa- In addition, the Department of Defense is reflected in existing laws imposing criminal rating the military and partisan politics is opposed to this provision. This provision de- penalties on commanders who station troops critically important to maintaining public or armed men at any place where a special or support for and confidence in our Armed serves to be taken through the normal com- general election is held, and on members of mittee process, and not be considered under Forces, as well as maintaining good order the armed forces who impose regulations on and discipline within military ranks. suspension of the rules. the conduct of such elections or otherwise The principle of separating the military Most Important: There have been no hear- interfere in any manner with an election of- from the political process is also reflected in ings on this measure. Many questions, such ficer’s discharge of his duties. two federal criminal statutes. 18 U.S.C. § 592 as those above, should be fully investigated Let me give an example there if I provides that: through the committee hearing process before may, Mr. Speaker. Polling places being [W]hoever, being an officer of the Army or this bill is brought to the floor. held on a military installation such as Navy, or other person in the civil, military or naval service of the United States, orders, A citizen's right to vote is the linchpin of our Fort Leonard Wood in Missouri, mili- brings, keeps, or has under his authority or democracy, therefore nothing should be held tary installations, bases or posts by control any troops or armed men at any in higher regard nor given more deference. their very nature have men and women place where a general or special election is This bill should be afforded a full and com- under arms; and then, of course, near a held, unless such force be necessary to repel prehensive review by the entire Congress polling place would consist of a crimi- armed enemies of the United States, shall be through established procedures. Anything nal penalty, and I think that is asking fined under this title or imprisoned not more short of that is irresponsible and borders on than five years or both. too much of our military personnel to Similarly, 18 U.S.C. § 593 subjects members weakening the time-tested foundations of de- impose that type of restriction and of the Armed Forces to criminal penalties if mocracy. threat on them of having violated a they ‘‘impose or attempt to impose any regu- Mr. Speaker, I include additional ma- criminal statute. lations for conducting any general or special terial for the RECORD. Further, the Department of Defense election in a State, different from those pre- The Department of Defense has a standing states that locating a polling place in scribed by law,’’ or ‘‘interfere in any manner policy prohibiting the use of federal, active military installations where a com- with an election officer’s discharge of his du- military and reserve facilities as polling or mander’s authority is paramount is in- ties.’’ Placement of voting sites on military voting places. The Department believes that installations in which ‘‘troops or armed consistent with the Department of De- men’’ are likely to come into close contact the military should not be involved in any fense policy, and it runs the risk of ex- way in the electoral process, in order to with voters is fundamentally incompatible avoid the possibility or the perception of posing military personnel to criminal with the concept of maintaining separation voter coercion or intimidation by military sanctions, as I just mentioned. between the military and politics. personnel or a military presence, or the per- Now, let me point this out, Mr. If enacted, H.R. 5174 would reverse Depart- ception that the military has authority over Speaker: this is a controversial issue at ment of Defense policy by authorizing the the election process. The principle that the best; and as such we have committees, use of military installations as polling places. We strongly disagree that it is appro- military should remain separated from the we have a Committee on Armed Serv- priate for the fundamental political activity electoral process is reflected in existing laws ices that I am pleased to be the rank- of voting to take place at locations that the imposing criminal penalties on commanders ing member thereof and all of us on the Department of Defense strives to make po- who station troops or armed men at any committee take our jobs very seri- litically neutral and nonpartisan. The pro- place where a special or general election is posed legislation also would not effectively held, and on members of the Armed Forces ously. I think that a measure such as amend the criminal statutes reference above who impose regulations on the conduct of this should have extensive hearings. to relieve military personnel from potential such elections or otherwise interfere in any Those in favor of it should appear be- criminal liability. Specifically, the amend- manner with an election officer’s discharge fore us and say why they feel as they ments to the criminal statutes proposed in of his duties. See 18 U.S.C. 592, 593. Locating do and those of us that oppose it will section 1(c) of H.R. 5174 would only clarify polling places on military installations, have the opportunity to ask questions that it is not a crime for polling places to be where a commander’s authority is para- and cross-examine the witnesses and placed on military installations. It would mount, in inconsistent with DoD policy and hear witnesses who are opposed to it, not address at all the placement of troops or runs the risk of exposing military personnel armed men at polling places. It would not be to criminal sanctions. including those from the Department of Defense. I think it is a violation at practical simply to prohibit military per- Mr. Speaker, I yield such time as he sonnel from approaching or entering a poll- least of the process by which con- may consume to the gentleman from ing place on a military installation during troversial legislation is handled in this Missouri (Mr. SKELTON). voting hours. The commander of a military wonderful body we call the House of (Mr. SKELTON asked and was given installation must at all times have complete Representatives. So consequently, I permission to revise and extend his re- control over the facilities within his or her find that I must and do sincerely op- authority. It is possible that circumstances marks.) pose this legislation. could arise that would require a commander Mr. SKELTON. Mr. Speaker, I thank Mr. Speaker, at this point in the to order military personnel to enter a build- the gentleman from Hawaii (Mr. ABER- ing designated as a polling site if that build- RECORD I would add a letter from the ing is located on a military installation. We CROMBIE) for yielding me this time, and Department of Defense which outlines also let me thank the gentleman from believe it is therefore prudent to retain the in detail their reasons, and there are prohibition on the use of military buildings Maryland (Mr. BARTLETT) for bringing four of them spelled out. this bill up at this moment. as polling places. GENERAL COUNSEL OF THE We recognize that some installations have Mr. Speaker, I am troubled by this DEPARTMENT OF DEFENSE, overlooked the Department’s policy on this legislative proposal. This breaks a Washington, DC, October 10, 2000. issue in the past and that some military fa- long-standing American tradition; and Hon. WILLIAM M. THOMAS, cilities have been used as polling places in I frankly cannot, will not support this Chairman, Committee on Administration, some localities. In some cases, short-term legislation. House of Representatives, Washington, DC. waivers of the policy have been granted if an Let me quote from the Department of DEAR MR. CHAIRMAN: This is in response to alternative location could not be identified your request for the views of the Department Defense on this bill, and I think they in time to avoid disruption to an upcoming of Defense on H.R. 5174, 106th Congress, a bill election. In such cases, local election offi- are absolutely correct. ‘‘To amend titles 10 and 18, United States cials have been advised to designate a new The Department of Defense has a standing Code, and the Revised Statutes to remove polling place as soon as possible. Further- policy prohibiting the use of Federal, active the uncertainty regarding the authority of more, section 121 of the Military Construc- military and reserve facilities as polling or the Department of Defense to permit build- tion Appropriation Act for Fiscal Year 2001 voting places. The Department believes that ings on military installations and reserve requires that military facilities that have the military should not be involved in any component facilities to be used as polling been used as polling places over recent years way in the electoral process, in order to places in Federal, State, and local elections must be permitted to be used as polling avoid the possibility or the perception of for public office.’’ places for the November election. Enactment voter coercion or intimidation by military The Department of Defense opposes this of H.R. 5174 is not necessary, therefore, to re- personnel or a military presence, or the per- legislation. lieve any possible inconvenience to voters in

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.093 pfrm01 PsN: H10PT1 H9596 CONGRESSIONAL RECORD — HOUSE October 10, 2000 the November election resulting from en- Now, this does not apply to National ing, and for the opportunity, particu- forcement of the Department of Defense pol- Guard armories, because National larly since I have so much respect for icy. Guard armories are State property. his commitment to all questions that Finally, we want to point out that our pol- icy does not apply to National Guard armor- There are many places that are avail- we have dealt with in the Committee ies or other Guard facilities. These buildings able, whether it be schools or private on Armed Services. are subject to the control of state Governors places, sometimes private homes. The issue is an important one. There through their Adjutant Generals, not the De- There are many places and one does is a waiver in existence now with re- partment of Defense. not need a military installation to ful- spect to the use of the facilities so per- The Office of Management and Budget ad- fill the opportunity for folks to vote. haps we do not find anybody in viola- vises that, from the standpoint of the Ad- Let me say that there are four rea- tion, inadvertently or otherwise. Per- ministration’s program, there is no objection sons that the Department of Defense haps this is an issue, although I realize to the presentation of this report for consid- eration of the Committee. opposes this legislation. There is a the gentleman is not in the position of Sincerely, long-standing policy prohibiting the advocating the bill this evening. DOUGLAS A. DWORKIN. use of a military installation as polling There should be an opportunity for us Mr. BARTLETT of Maryland. Mr. sites for elections. This policy is based to discuss this, then, in committee. I Speaker, I yield myself such time as I on sound public policy of maintaining am sure we could take up the pros and may consume, and I would ask the gen- strict separation between the military cons and maybe talk it out a little bit, and perhaps another solution could be tleman from Missouri (Mr. SKELTON) if and the political process. Similarly, the law, 18 U.S.C. 593, sub- arrived at. he might engage in a colloquy with me. But I have to stand, then, with my It is my understanding that for a jects members of the armed forces to original reluctance and at the same number of years now at certain limited criminal penalties if they impose or at- time say that even after this colloquy number of our military facilities that tempt to impose any regulations for I find myself still in opposition, not there has been voting. If this has been conducting any general or special elec- necessarily to doing it or finding some going on, and I am assured that it has, tion in the State different from those other solution, but at this particular then clearly this is in violation of cur- prescribed by law. I think that that is a situation where time, pending hearings in the House rent law. What this bill, as I under- one may put someone in the armed Committee on Armed Services, I ask stand it, intends to do is to make it forces in a very embarrassing and pos- that it be defeated for the time being, possible to continue voting at some of sibly a criminal violation. at least. these remote bases and a few reserve Further, the Department of Defense Mr. BARTLETT of Maryland. Mr. bases where this has appeared to be in policy, if this were enacted, would re- Speaker, I understand the gentleman’s the best interest of the community. verse the policy by authorizing the use concern. I would state that I do not be- I would point out that this legisla- of military installations, and the De- lieve it was the intention of this bill to tion is entirely permissive. The mili- partment strongly disagrees that it is enlarge this practice. tary can decide that they do not want appropriate for the fundamental polit- The gentleman mentioned that waiv- voting in any of their facilities. I am ical activity of voting to take place on ers have been granted. These were in reading from the bill itself now. It locations that the Department of De- very limited locations, and they were says: ‘‘The secretary of a military de- fense strives to make politically neu- granted because it was felt that voting partment may make a building located tral and nonpartisan. at the military facility was the only on a military installation available, The proposed legislation would not reasonable thing that could be done. and for the reserve component the lan- effectively amend the criminal stat- I think the reason for this bill is that guage is essentially the same.’’ The utes. It leaves those alone and con- we cannot, in a military base, waive secretary may make a facility covered sequently would subject certain mem- law. That is what they were pretending by subsection A available for use. They bers of the armed forces to criminal to do. We cannot just waive law. The do not have to make it available at all. violations. law now says we cannot do it there. I My question to the gentleman from Further, the Department recognizes think what the intent of this bill is is Missouri (Mr. SKELTON) is if this has some installations have overlooked the simply for those rare occasions where been a practice, and if at some very re- Department’s policy, as the gentleman this needs to be done, that this now mote locations where the military fa- has pointed out, on this issue in the puts the commander of the base not in cility is just about the only show in past and that some military facilities violation of the law when he does a rea- town, because it was placed there be- have been used. In some cases short- sonable thing, and that is to permit the cause of the desire of the military to be term waivers of the policy have been people to vote there. very remote so that essentially all of granted, and I think there is a short That is my understanding of the bill, the people in that community are asso- period that a waiver has been estab- and I think that is all that was in- ciated with the military, it is my un- lished. But I think quite honestly we tended by the bill, was to solve a cur- derstanding that is predominately the rent problem where those commanders should not allow this situation where locations where this has been going on, who have waived the law, and I do not there have been a few folks in violation and my question is, if that has been think we can waive a Federal statute, of this policy, to enlarge itself and be- going on and if it was deemed nec- they have waived the law and in effect come the norm. essary to do that because of a shortage they have been in violation of the law of other places in the community, then b 2130 when they have permitted voting in why would this totally permissive leg- It bothers me a great deal. I just do their facility, this now would make islation be objectionable since in all not think that the military and the po- them in compliance with the law, be- other places the military could exer- litical process should get thrown to- cause this would say they have the op- cise its option to not permit voting at gether. Consequently, let us keep them tion of doing that if it is appropriate. all? separated. The military is far removed The bill makes very clear that this is Mr. SKELTON. Mr. Speaker, will the from the political ways of our country, not appropriate when it violates any of gentleman yield? as they should be. the intent, any of the mission of that Mr. BARTLETT of Maryland. I yield That is why I just, in all good con- facility. It is totally permissive, it is to the gentleman from Missouri. science, cannot support this. At best, not obligatory in any sense. I believe Mr. SKELTON. Mr. Speaker, I thank we have to have a hearing on this. I that I am clearly expressing the intent the gentleman from Maryland (Mr. would like to have the opportunity to of the legislation and the desire of the BARTLETT) for his inquiry. Back home cross-examine those who propose it. gentleman from California (Mr. THOM- in Missouri we have the saying, two Mr. ABERCROMBIE. Mr. Speaker, AS). wrongs do not make a right. And the will the gentleman yield? Mr. SKELTON. Mr. Speaker, if the fact that they have been doing it, I Mr. BARTLETT of Maryland. I yield gentleman will continue to yield, I ap- think, because of the policy of the to the gentleman from Hawaii. preciate that statement. United States in the past, they have Mr. ABERCROMBIE. Mr. Speaker, I I keep going back to my old Missouri been violating that policy. am grateful for the gentleman yield- comment: Two wrongs do not make a

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.095 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9597 right. I am very concerned that should vent local election officials from asking to set many bases, if not most, are sensitive and this bill become law it would be per- up voting booths in order to let military per- should not be open to election operations. missive, and it would enlarge a prac- sonnel and people in the community vote. The That is why I have written H.R. 5174 with tice that really should not have begun purpose of that old law was to stop intimida- great care to allow the presence of election to begin with. tion and abuse of the military in elections. polls on military sites, but the discretion to So I do not think that we are doing The men and women who support these have them is entirely with the military. H.R. anyone a service here. I think we are bases, not only those in the service, have 5174 provides a safe harbor by expressly stat- doing ourselves a disservice by mixing been used to voting at long established voting ing that the military may make a building lo- the military and the political process booths in some of these military owned build- cated on a military installation available for together. I thank the gentleman for ings. Sometimes in these remote communities, use as a polling place in any Federal, State, yielding and for taking the bill up at the military owns all the buildings suitable to or local election. this time. set up a voting booth. It is unfair that we I hope my colleagues will join me in voting Mr. BARTLETT of Maryland. Mr. would stop this from continuing since there are for this bill and preserving the tradition of the Speaker, I would like to say in closing no known instances in which this posed a military in protecting the voting rights of people that Federal law prohibits political ac- problem or voting infringement by anyone. in communities that support our military facili- tivity on any Federal land, including Frankly, it is just overzealous lawyering at ties. military land. work in the Department. H.R. 5174 sets this Mr. ABERCROMBIE. Mr. Speaker, I In Maryland, we can campaign within straight. have no further requests for time, and 100 feet of the polling place. If that I am especially pleased that H.R. 5174 does I yield back the balance of my time. polling place were on a military facil- not attempt to force some new mission onto Mr. BARTLETT of Maryland. Mr. ity, it would be my understanding that the military. It quietly allows voting booths to Speaker, I have no further requests for we could not campaign within 100 feet continue to be set up on these military facili- time, and I yield back the balance of of the polling place. ties. It also gives the proper discretion to the my time. I do not see voting as a partisan po- military to continue or discontinue this prac- The SPEAKER pro tempore (Mr. litical activity, I see it as a patriotic tice. H.R. 5174 allows the military to keep the PEASE). The question is on the motion activity. Campaigning for a specific status quo of providing this service to our offered by the gentleman from Mary- candidate I see as partisan political ac- servicemen and their supporters while taking land (Mr. BARTLETT) that the House tivity, which I would not think would away any fear of breaking the law. I support suspend the rules and pass the bill, be appropriate to go on on a military H.R. 5174 because it helps service personnel, H.R. 5174. facility. their families, and the people who support The question was taken. Mr. ABERCROMBIE. Mr. Speaker, I these isolated bases to continue to exercise Mr. BARTLETT of Maryland. Mr. yield myself such time as I may con- their right to vote. Speaker, on that I demand the yeas sume. People in the military work hard enough and and nays. Mr. Speaker, I would like to com- suffer hardships by living in isolation. We The yeas and nays were ordered. The SPEAKER pro tempore. Pursu- ment on the last observation of the should not be making it harder for them to ant to clause 8 of rule XX and the gentleman from Maryland (Mr. BART- vote. We should make it easier. Chair’s prior announcement, further LETT), which I agree with. Unfortu- Mr. THOMAS. Mr. Speaker, I rise in support nately, I come to a little bit different of my bill H.R. 5174, which preserves the vot- proceedings on this motion will be conclusion this evening. This is one of ing rights of people in communities who live postponed. the reasons why I oppose it at this on or around military bases in remote, rural f time, or oppose passage at this time. areas. EXPRESSING APPRECIATION FOR I believe voting is a patriotic act. I Earlier this year the Department of Defense U.S. SERVICE MEMBERS ABOARD believe it is an act, if you will, of self- issued a directive that disrupts the traditional HMT ROHNA WHEN IT SANK preservation of a democracy, certainly role of these bases whose commanders have Mr. BARTLETT of Maryland. Mr. our democracy. Because free speech is for years allowed local election officials to set Speaker, I move to suspend the rules so important, I think the gentleman is up election voting booths. Lawyers at the De- and agree to the concurrent resolution quite correct in observing that it is un- partment of Defense have said they are con- (H. Con. Res. 408) expressing apprecia- likely that commanders would like to cerned that an old Civil War era law prohib- tion for the United States service have political activity, sign-holding, et iting troops at election polls could be used to members who were aboard the British cetera, very near a polling place if it impose criminal sanctions on military per- transport HMT ROHNA when it sank, was in the middle of a base. sonnel who are simply allowing local election the families of these service members, I expect different jurisdictions across officials to set up voting booths. My interest is and the rescuers of the HMT ROHNA’s the Nation have different rules with re- in protecting those military personnel while al- passengers and crew. spect to how close to a voting booth lowing the commanders of remote bases to The Clerk read as follows: one can actually politic, but nonethe- continue to allow the setting up of voting H. CON. RES. 408 less, it is unlikely that military bases booths. H.R. 5174 does this. would find themselves easily resolving The need to act quickly is great. These Whereas on November 26, 1943, a German bomber off the coast of North Africa sunk those kinds of questions. bases are sometimes the only facility in a re- the British transport HMT ROHNA with a My point, in conclusion, Mr. Speaker, move and isolated area; indeed, the remote- radio-controlled, rocket-boosted bomb; is that while this is an idea that cer- ness is usually what attracted the military to Whereas 1,015 United States service mem- tainly should receive full discussion locate the base there in the first place. It is en- bers and more than 100 British and Allied of- and consideration, passing it at this tirely proper that the military should permit ficers and crewmen perished as a result of time has not allowed for that. So these election polls to continue at the com- the attack; therefore, again, I reluctantly state my mander's discretion. The people in commu- Whereas hundreds died immediately when opposition at this time. nities that support our military bases sacrifice the bomb struck and hundreds more died when darkness and rough seas limited rescue Mr. LINDER. Mr. Speaker, I rise in support by living in isolated rural areas. They look to efforts; of the bill H.R. 5174, a bill to help families and the military for shopping needs at com- Whereas many families still do not know communities that support military bases pre- missaries, recreation needs at rec halls and the circumstances of the deaths of loved ones serve their voting rights. theaters, and sometimes homes and schools who died as a result of the attack; I have been very concerned with the deci- on base. We should not be making it more dif- Whereas more than 900 United States serv- sion earlier this year by the Department of De- ficult for them to vote. We should be making ice members survived the attack under ex- fense to not allow voting booths on military fa- it easier. tremely adverse circumstances; cilities, even though many of these facilities At the same time, I am very aware that the Whereas United States, British, and French rescuers worked valiantly to save the are isolated and in remote areas of our coun- military must have the final say as to whether passengers and crew who made it off the try. The Department refers to a law preventing an election poll can be permitted on a military HMT ROHNA into the sea; the presence of troops at election sites, some- base. The very nature of national defense is Whereas one United States ship, the USS thing we can all agree is a good law. Mr. such that we must not tie the hands of those PIONEER, picked up many of those who Speaker, that law was never intended to pre- who are working to protect us. Obviously, were saved;

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.175 pfrm01 PsN: H10PT1 H9598 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Whereas because of inadequate record the details of the sinking until re- the United States, British and French res- keeping, some survivors of the attack strug- cently. When they asked for more in- cuers, especially the crew of the U.S.S. Pio- gled for years to verify the details of the formation, they found that there were neer, to save the passengers and crew of the sinking of the HMT ROHNA; very few records available. Whereas the men who died as a result of H.M.T. Rohna. the attack on the HMT ROHNA have been Mr. Speaker, House Concurrent Reso- Mr. Speaker, I urge my colleagues to sup- largely forgotten by the Nation; and lution 408 puts the sinking of the port this measure. Whereas the Congress and the people of the ROHNA in proper perspective by out- Mr. Speaker, it is a great pleasure for United States have never recognized the lining the details of the attack and res- me to be on the floor with the gen- bravery and sacrifice of the United States cue. The resolution then expresses the tleman from Washington (Mr. service members who died as a result of the gratitude of the Congress and all Amer- METCALF) this evening in recognition sinking of the HMT ROHNA or the United icans, recognizing the sacrifices of the of his work in this area. States service members who survived the men who died and the men who sur- I want to express to him that it does sinking and continued to serve the Nation not surprise me in the least, having valiantly abroad during the war: Now, there- vived the horror of the sinking and fore, be it went on to carry the fight to the gotten to know him over the past few Resolved by the House of Representatives (the enemy in other battles. years, that he is concentrating on Senate concurring), That the Congress ex- The resolution also thanks the fam- making sure that those who had not presses appreciation for— ily members of both groups of officers been recognized are given the attention (1) the United States service members who for the sacrifice of their loved ones in that they deserve. died in the sinking of the HMT ROHNA, for the defense of freedom. I think it expresses the kind of per- the heroic sacrifice they made for freedom Finally, the resolution thanks the son that the gentleman from Wash- and the defense of the Nation; crews of the U.S. French and British ington is, and I, for one, will miss the (2) the United States service members who survived the sinking of the HMT ROHNA, for ships that endangered their lives to contributions that he has made, and I their bravery in the face of disaster and their save the survivors of the ROHNA. am sure will continue to make to this subsequent service during the war on behalf Mr. Speaker, the sinking of the Nation and to his community. of the Nation; ROHNA was a horrific event that Mr. BARTLETT of Maryland. Mr. (3) the families of all of these service mem- America must not overlook any longer. Speaker, I yield myself such time as I bers; and We owe this recognition to the men, may consume. (4) the United States, British, and French both living and dead, who suffered dur- Mr. Speaker, I would like to state my rescuers, especially the crew of the USS PIO- ing this disaster. They and their fami- friendship for the gentleman from NEER, who endangered their lives to save Washington, my respect for him, and I the passengers and crew of the HMT ROHNA. lies deserve better. I urge my col- leagues to vote yes on House Concur- regret the fact that he has decided to The SPEAKER pro tempore. Pursu- rent Resolution 408. retire and leave us. We will be dimin- ant to the rule, the gentleman from Mr. Speaker, I reserve the balance of ished by the fact that he no longer Maryland (Mr. BARTLETT) and the gen- my time. serves his constituents and the coun- tleman from Hawaii (Mr. ABERCROMBIE) Mr. ABERCROMBIE. Mr. Speaker, I try. each will control 20 minutes. yield myself such time as I may con- Mr. Speaker, I yield such time as he The Chair recognizes the gentleman sume. may consume to the gentleman from from Maryland (Mr. BARTLETT). Mr. Speaker, I would like to echo the Washington (Mr. METCALF), the author GENERAL LEAVE comments of the gentleman from of this bill. Mr. BARTLETT of Maryland. Mr. Maryland (Mr. BARTLETT) with respect Mr. METCALF. Mr. Speaker, I thank Speaker, I ask unanimous consent that to this resolution. the gentleman from Maryland for all Members may have 5 legislative Mr. Speaker, I join in support of the resolu- yielding time to me, and for his gra- days within which to revise and extend tion introduced by my colleague, Mr. METCALF, cious words, and I thank the gentleman their remarks on the bill under consid- in expressing the appreciation of the United from Hawaii for his kind words. eration. States to those who were aboard the British Mr. Speaker, I would like to express The SPEAKER pro tempore. Is there transport H.M.T. Rohna during World War II. my deep gratitude to the gentleman objection to the request of the gen- According to the limited data available, the from South Carolina (Chairman tleman from Maryland? H.M.T. Rohna was transporting American SPENCE) and ranking member, the gen- There was no objection. troops and Red Cross workers to Bombay, tleman from Missouri (Mr. SKELTON), Mr. BARTLETT of Maryland. Mr. India, for the China-Burma-India Theater of for working with me to move this reso- Speaker, I yield myself such time as I war. On November 26, 1943, during an air at- lution to the floor. may consume. tack, a German bomber launched a guided Michael Higgins, the Committee on Mr. Speaker, today the House under- missile, which sunk the British transport. One Armed Services staff, was especially takes a solemn task. House Concurrent thousand, one hundred and thirty eight individ- helpful, and I appreciate his efforts. Resolution 408 remembers the loss of uals died as a result of the attack, including The greatest naval disaster for the 1,015 American soldiers who died when one thousand and fifteen American troops. United States during World War II was the British troop transport ship HMT The attack of the H.M.T. Rohna was one of the sinking of the Arizona, when 1,077 ROHNA was tragically sunk off the the greatest losses of lives during World War were killed. The Arizona has properly coast of North Africa on November 26, II. been memorialized in the national con- 1943, during World War II. This resolu- Much of the details surrounding the sinking sciousness. tion recognizes that the sinking of the of the H.M.T. Rohna are still unavailable. On November 26, 1943, there was a ROHNA was a major catastrophic What is known is that more than nine hundred loss of American military personnel of event of World War II. service members survived the attack, because almost identical magnitude when the Mr. Speaker, this recognition is long of the brave and heroic actions of the U.S.S. British troop transport ship HMT overdue. We owe recognition to the Pioneer crew, who rescued many of the sur- ROHNA was sunk by a radio-controlled men who gave their lives that day. We vivors. However, it was not until 1995, over rocket-boosted bomb launched from a owe recognition to the men who sur- fifty years later, a group of survivors, next-of- German bomber off the coast of North vived the sinking and went on to fight kin, and rescuers, came together to recognize Africa. bravely in the China-Burma-Indian this historical tragedy. By the next day, 1,015 American theater and other combat theaters. The resolution before the House today rec- troops and more than 100 British and We owe recognition to the families of ognizes this devastating disaster and ex- allied officers and crewmen had per- both groups of men. The high price presses the appreciation of the Congress to ished, but the U.S. troops aboard the paid by families is often made worse by the service members who died in the sinking ROHNA have been largely forgotten by the absence of information about their of the H.M.T. Rohna for their ultimate sacrifice the country. It was not publicized at loss caused by the demands for secrecy in defense of our country, expresses admira- the time at all. Hundreds died imme- during war. The sinking of the ROHNA tion of the survivors and the families for their diately when the missile struck. The was just such a case. Many of the fami- bravery and courage in brining attention to this majority died from exposure and lies of those killed were not aware of catastrophe, and acknowledges the efforts of drowning when darkness and rough

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.088 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9599 seas limited rescue efforts. Over 900 did Mr. ABERCROMBIE. Mr. Speaker, I arising out of any claim for personal injury survive. have no further requests for time, and or property damage that results from, or is British, American, and French res- I yield back the balance of my time. in any manner predicated upon, the act or cuers worked valiantly to save those Mr. BARTLETT of Maryland. Mr. omission of a former military working dog transferred under this section, including any ROHNA passengers and crew who made Speaker, I have no additional requests training provided to the dog while a military it off the ship into the ocean, and of for time, and I yield back the balance working dog. course a lot of them did not make it off of my time. ‘‘(f) ANNUAL REPORT.—The Secretary shall the ship. One of them, the U.S.S. Pio- The SPEAKER pro tempore (Mr. submit to Congress an annual report speci- neer, picked up two-thirds of all those PEASE). The question is on the motion fying the number of military working dogs who were saved, 606 GIs. Many of those offered by the gentleman from Mary- adopted under this section during the pre- ceding year, the number of these dogs cur- in the water had to endure hours and land (Mr. BARTLETT) that the House rently awaiting adoption, and the number of hours of chilling temperature before suspend the rules and agree to the con- these dogs euthanized during the preceding being picked up. As the evening moved current resolution, H. Con. Res. 408. year. With respect to each euthanized mili- into the middle of the night and early The question was taken; and (two- tary working dog, the report shall contain morning hours, some men were speech- thirds having voted in favor thereof) an explanation of the reasons why the dog less from the cold. Many died deaths of the rules were suspended and the con- was euthanized rather than retained for terrible agony. current resolution was agreed to. adoption under this section.’’. The United States government had A motion to reconsider was laid on (b) CLERICAL AMENDMENT.—The table of the table. sections at the beginning of such chapter is not properly acknowledged this event amended by adding at the end the following because inadequate records were kept. f new item: Some survivors had to fight for years PROMOTION OF ADOPTION OF ‘‘2582. Military working dogs: transfer and to prove that the ROHNA even existed, MILITARY WORKING DOGS adoption at end of useful work- let alone that survivors might be due ing life.’’. some recognition. Mr. BARTLETT of Maryland. Mr. The SPEAKER pro tempore. Pursu- At a 1996 memorial dedication hon- Speaker, I move to suspend the rules ant to the rule, the gentleman from and pass the bill (H.R. 5314) to require oring Americans who died on the Maryland (Mr. BARTLETT) and the gen- the immediate termination of the De- ROHNA, survivor John Fievet spoke tleman from Hawaii (Mr. ABERCROMBIE) the following words: partment of Defense practice of each will control 20 minutes. I dedicate this memorial to the memory of euthanizing military working dogs at The Chair recognizes the gentleman those who fell in the service of our country. the end of their useful working life and from Maryland (Mr. BARTLETT). I dedicate it in the names of those who of- to facilitate the adoption of retired GENERAL LEAVE fered their lives that justice, freedom, and military working dogs by law enforce- Mr. BARTLETT of Maryland. Mr. democracy might survive to be the vic- ment agencies, former handlers of Speaker, I ask unanimous consent that torious ideals of the world. The lives of those these dogs, and other persons capable who made the supreme sacrifice are glorious all Members may have 5 legislative of caring for these dogs, as amended. days within which to revise and extend before us. Their deeds are an inspiration; as The Clerk read as follows: they served America in time of their remarks on H.R. 5314, as amend- war...yielding their last full measure of H.R. 5314 ed. devotion, may we serve America in time of Be it enacted by the Senate and House of Rep- The SPEAKER pro tempore. Is there peace....I dedicate this monument to resentatives of the United States of America in objection to the request of the gen- them, and with it, I dedicate this society to Congress assembled, tleman from Maryland? the faithful service of our country and to the SECTION 1. PROMOTION OF ADOPTION OF MILI- There was no objection. preservation of the memory of those who TARY WORKING DOGS. Mr. BARTLETT of Maryland. Mr. died, that liberty might live. (a) ADOPTION OF MILITARY WORKING DOGS.— Speaker, I yield myself such time as I Chapter 153 of title 10, United States Code, is b 2145 amended by adding at the end the following may consume. new section: Mr. Speaker, a few weeks ago, an ar- The men who gave their lives for ticle was brought to my attention re- their country on board this ship were ‘‘§ 2582. Military working dogs: transfer and adoption at end of useful working life garding the plight of one of our finest heroes who deserve to be recognized as soldiers, the military working dog. The ‘‘(a) AVAILABILITY FOR ADOPTION.—The Sec- such and not forgotten. The parents of article delineated the Department of virtually all of them died without ever retary of Defense shall make a military working dog of the Department of Defense Defense policy regarding the fate of learning how their sons had died. Their available for adoption by a person or entity these valiant dogs after completion of brothers, sisters and wives and children referred to in subsection (c) at the end of the service to their country. need to hear their story. All Americans dog’s useful working life or when the dog is I learned that military working dogs need to learn of their bravery and sac- otherwise excess to the needs of the Depart- remain in their assigned unit until rifice. Not only do the victims of the ment, unless the dog has been determined to they are 8 to 10 years old. Unfortu- tragic sinking need to be honored, but be unsuitable for adoption under subsection nately, as the situation currently (b). also their comrades who survived to be stands, there is no easy solution for sent to the Burma-China-India theater ‘‘(b) SUITABILITY FOR ADOPTION.—The deci- sion whether a particular military working these loyal dogs after their body is no of the war and to serve valiantly there. dog is suitable or unsuitable for adoption longer able to sustain the workload of On November 11, 1993, Charles Osgood under this section shall be made by the com- their mission. featured the Rohna’s story on his wide- mander of the last unit to which the dog is At this point, the future becomes spread radio program. For the first assigned before being declared excess. The bleak. In a best-case scenario, the dogs time, a broad cross-section of America unit commander shall consider the rec- are sent back to Lackland Air Force got to hear the story of some of its un- ommendations of the unit’s veterinarian in base, their original training school, known warriors. Osgood revisited the making the decision regarding a dog’s adopt- where they are used to instruct their subject 2 weeks later. According to ability. ‘‘(c) AUTHORIZED RECIPIENTS.—Military human counterparts to become han- Osgood, and I quote, ‘‘It is not that we working dogs may be adopted under this sec- dlers after they have served this final forgot, it’s just that we never knew.’’ tion by law enforcement agencies, former duty, they are kenneled for an undeter- Americans need to know about the handlers of these dogs, and other persons ca- mined amount of time, and then put Rohna. They need to know about the pable of humanely caring for these dogs. down. men who died when the Rohna was ‘‘(d) CONSIDERATION.—The Secretary may In some instances, military working sunk, sacrificing their lives in the fight authorize the transfer a military working dogs are caged as long as a year until against tyranny. Americans need to dog under this section without charge to the they meet their final outcome. Equally recipient. know and not to forget. I did not know as sad, if no kennel space is available, ‘‘(e) LIMITATIONS ON LIABILITY FOR TRANS- anything about this until a brother of FERRED DOGS.—Notwithstanding any other the less fortunate are terminated di- one of the men who died on the Rohna provision of law, the United States shall not rectly upon arrival to Lackland. came to me and told me about it and be subject to any suit, claim, demand or ac- After learning about the bleak future asked me to get involved. tion, liability, judgment, cost, or other fee of military working dogs, not only did

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.179 pfrm01 PsN: H10PT1 H9600 CONGRESSIONAL RECORD — HOUSE October 10, 2000 I become concerned for their final ing than people of living out the re- to be able to be here this evening and treatment, but I was also troubled by mainder of their days than other Fed- to be able to support his legislation. the fact that they were robbed of a eral working dogs? Clearly not. I had no idea and I doubt if any other quiet retirement. Why? Simply because The bill I bring before the House Member in the body had any idea that the DOD policy prohibits the adoption today, H.R. 5314, makes the adoption of this was, in fact, the case, that work- of retired military dogs even by their a retired military working dog a re- ing dogs in the military would be put handlers. ality for the handler. I have labored down when they were no longer My colleagues may be familiar with hard to ensure that the language was thought to be useful. And I must say in the plight of Robby, a professional constructed at the best vantage point conclusion, that it just seemed per- military working dog. As an 11-year- for all parties involved. The decision to fectly natural to me when the gen- old Belgian Malinois, he is no longer allow a handler to adopt their partner tleman from Maryland (Mr. BARTLETT) deployable. Suffering from missing rests on the shoulders of those who came up and asked for my support that teeth and arthritis, his ability to work know the dog best, the dog’s last unit he would be leading the charge on this at full capacity has been hindered. commander and the last unit veteri- particular piece of legislation. Common sense would say that Robby narian. It is a pleasure to be working with could now retreat to a quiet existence. Made on a dog-by-dog basis, the com- him and to have the opportunity to On the contrary, Robby is to report to mander and veterinarian are obligated join with him in supporting this bill. Lackland Air Force Base for one final to give their consent before the adop- Mr. Speaker, I rise in support of H.R. 5314, deployment. Sadly, he will be caged tion process can move forward. Fur- introduced by my friend and Armed Services and eventually euthanized. thermore, H.R. 5314 provides an addi- Committee colleague, Mr. ROSCOE BARTLETT. Last week I had the opportunity to tional safeguard at the Federal level. The bill before the House today would termi- meet Robby. I was able to pet Robby Upon receipt of the dog, the adopt han- nate the Department of Defense policy of put- through the cage when I initially ar- dler waives all liability against the ting down aging military working dogs and pro- rived. As a 3-time Pentagon champion, Federal Government. vide for their adoption his body is showing the wear of a full H.R. 5314 will effectively accomplish Currently, there is no policy to allow these military career. It was obvious to me two goals. It offers the DOD a solution elderly dogs to be retired and transferred to an that Robby is a dog who has faithfully to their dilemma of maintaining aging individual or private entity that could provide served his country; however, now his canines and lifts the restriction that appropriate care for these aging dogs. physical body is failing to the point prohibits the adoption of military H.R. 5314 would address this unfortunate that he is hardly able to perform mini- working dogs. Former dog handlers, in- situation and allow elderly military working mal responsibility necessary for com- dividuals with comparable experience, dogs to be adopted by law enforcement agen- pleting his mission. or law enforcement agencies will be cies, former handlers, and other persons ca- It was also obvious to me that Robby able to provide a loving home for such pable of humanely caring for these fine ani- has a special bond with his handler. deserving animals. mals. The bill also includes a provision that Understandably so, as the two spent Through the passage of this legisla- limits the Federal Government's liability in several years working side by side. The tion, not only will the military work- cases where a former military working dog is level of trust maintained between the ing dog be taken from caged status, but transferred. two while in the line of duty is still also the dog will be given the oppor- H.R. 5314 allows the commander of the in- present today. tunity for a positive home environ- dividual dog's unit to decide whether a par- Robby’s handler would like to spare ment. I know my colleagues will agree ticular military working dog is suitable for his life through an adoption by either that after a lifetime of service, there adoption. This will afford military working dogs himself or another handler; however, could be no better reward for both dog the same treatment given to those dogs who the DOD would not allow it. In light of and handler. serve on our community police forces, and seeing Robby and his handler together, In closing, H.R. 5314 has been en- allow military working dogs to retire and enjoy I feel that DOD’s prohibition on han- dorsed by the Humane Society of the the last few years of their life. dler adoption is pointlessly tragic. United States, the American Veteri- Mr. Speaker, I urge my colleagues to sup- I feel, despite the dog’s deteriorating nary Medical Association, the Society port this measure. health, he could still have the oppor- for Animal Protective Legislation, the Mr. Speaker, I yield back the balance tunity to experience the comforts and Doris Day Animal Rights League, and of my time. joys of normal companionship. Dis- the American Society of the Preven- Mr. BARTLETT of Maryland. Mr. allowing a handler the option to adopt tion of Cruelty to Animals. Please join Speaker, I yield myself such time as I their canine partner runs contrary to me in passing this positive measure may consume. normal logic. Why should military which is a win-win solution for dog Mr. Speaker, I thank the gentleman working dogs be kept from a calm ex- handler and the Department of De- from Hawaii (Mr. ABERCROMBIE) for his istence upon retirement when the only fense. very kind remarks. I thank him very other alternative is more work before a Mr. Speaker, I reserve the balance of much for the comments. final death? my time. Mr. Speaker, now I would like to Upon further research, I learned that Mr. ABERCROMBIE. Mr. Speaker, I thank Mr. Philip Grone of our Com- the 1949 Federal Property and Adminis- yield myself such time as I may con- mittee on Armed Services for his con- trative Services Act enacted after sume. siderable help. We had to spend a num- World War II reclassified military Mr. Speaker, I can hardly add to the ber of hours working out the details of working dogs as equipment. According compelling case that the gentleman this language to make sure that it was to the military mentality, any piece of from Maryland (Mr. BARTLETT) has satisfactory to DOD in assuring them equipment no longer operable becomes made. that they had no liability as a result of a hardship to the unit and must be dis- Mr. Speaker, I would like to say that, adopting these dogs out. posed of. as was mentioned by the gentleman This legislation would not have been In 1997, the Federal Property and Ad- from Washington (Mr. METCALF), I possible without the considerable help ministrative Services Act was amend- wanted to make a statement that it of Mr. Philip Grone, and I am very ap- ed. At that time the act was altered to does not surprise me that this legisla- preciative of that help. permit Federal dog handlers, such as tion would be put forward by the gen- Mr. Speaker, I have no further re- those in the Drug Enforcement Admin- tleman from Maryland (Mr. BARTLETT). quests for time, and I yield back the istration, to adopt their aging canine If there is anyone in the Congress balance of my time. partners. Oddly enough, the Depart- who carries through on his convictions, The SPEAKER pro tempore (Mr. ment of Defense canine partners were if there is anyone who is looking out RYAN of Wisconsin). The question is on the only Federal canine group not to be for those who cannot speak for them- the motion offered by the gentleman included in the modification. selves, in this instance most assuredly from Maryland (Mr. BARTLETT) that Again, I ask the question, why? Are so, it is the gentleman from Maryland the House suspend the rules and pass these worthy canines any less deserv- (Mr. BARTLETT); and I am quite proud the bill, H.R. 5314, as amended.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.182 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9601 The question was taken; and (two- William Clark played a pivotal role the grade of captain in the Regular thirds having voted in favor thereof) in the expedition to explore the Mis- Army. the rules were suspended and the bill, souri River chartered by President William Clark was the coleader with as amended, was passed. Thomas Jefferson. He shared command Meriwether Lewis of the ‘‘Corps of Dis- The title of the bill was amended so of the exploration party known as the covery’’, a military and scientific expe- as to read: ‘‘A bill to amend title 10, Corps of Discovery with Captain dition to the Pacific Northwest from United States Code, to facilitate the Meriweather Lewis. 1804 to 1806. This expedition provided adoption of retired military working In fact, Captain Lewis had hand- vast information on the resources of dogs by law enforcement agencies, picked William Clark to jointly com- the West and encouraged further explo- former handlers of these dogs, and mand the expedition team with him. ration and settlement. other persons capable of caring for Captain Lewis believed he was con- In 1792, William Clark became an of- these dogs.’’ veying the promise to the United ficer in the regular army and fought in A motion to reconsider was laid on States Government and the Army when the battle of Fallen Timbers. In 1803, the table. he offered William Clark an appoint- Clark accepted an invitation to serve f ment in the grade of captain. Unfortu- as coleader of the ‘‘Corps of Dis- nately, the Army was unable to make a covery’’. He spent several months POSTHUMOUS PROMOTION OF WIL- place for William Clark as a captain, studying astronomy and map-making, LIAM CLARK TO GRADE OF CAP- and he was confirmed by the Senate as and traveled with Meriwether Lewis TAIN a lieutenant. down the Ohio River to Wood River, Il- Mr. BARTLETT of Maryland. Mr. The fact that William Clark was not linois, where they made the final prep- Speaker, I move to suspend the rules appointed a captain was the source of arations for their expedition across and pass the bill (H.R. 3621) to provide great embarrassment and disappoint- America. for the posthumous promotion of Wil- ment to Captain Lewis. His response Upon his return from the expedition, liam Clark of the Commonwealth of was to treat William Clark as a co- William Clark continued his out- Virginia and the Commonwealth of commander of the expedition, with standing service to this nation. In 1807, Kentucky, co-leader of the Lewis and equal authority. President Thomas Jefferson appointed Clark Expedition, to the grade of cap- In fact, the two agreed at Captain him principal Indian Agent for the tain in the Regular Army. Lewis’ insistence that the members of Louisiana Territory and brigadier gen- The Clerk read as follows: the Corps of Discovery and any others eral of its militia, which he held until H.R. 3621 that came in contact with the expedi- 1813, when he became governor of the Be it enacted by the Senate and House of tion would only know William Clark as newly formed Missouri Territory. Representatives of the United States of America a captain and co-commander. As a re- As we begin celebrations recognizing in Congress assembled, sult, all the documentation dealing the 200th anniversary of the Corps of SECTION 1. POSTHUMOUS PROMOTION OF WIL- with the expedition and the Corps Dis- Discovery, it is fitting that we ac- LIAM CLARK, CO-LEADER OF THE knowledge the contributions of Wil- LEWIS AND CLARK EXPEDITION, TO covery refer to Captain William Clark. THE GRADE OF CAPTAIN IN THE For all practical purposes, William liam Clark and provide him with a REGULAR ARMY. Clark deserved equal billing with Cap- posthumous promotion to Captain. (a) POSTHUMOUS PROMOTION.—William tain Lewis. He performed superbly as Mr. Speaker, I urge my colleagues to Clark, of the Commonwealth of Virginia and co-commander throughout the expedi- support this measure. the Commonwealth of Kentucky, co-leader of tion and was a respected leader. Mr. Speaker, I reserve the balance of the Lewis and Clark Expedition of 1804–1806, William Clark played a key role and my time. shall be deemed for all purposes to have held Mr. BARTLETT of Maryland. Mr. the grade of captain, rather than lieutenant, contributed immeasurably to the his- in the Regular Army, effective as of March tory-making exploration of the Mis- Speaker, I yield such time as he may 26, 1804, and continuing until his separation souri River that paved the way for the consume to the gentleman from Ne- from the Army on February 27, 1807. expansion of the United States west- braska (Mr. BEREUTER), the author of (b) PROHIBITION OF BENEFITS.—No person is ward. the bill. entitled to any bonus, gratuity, pay, or al- William Clark’s place in history is Mr. BEREUTER. Mr. Speaker, I am lowance because of the provisions of sub- secure. The only thing left to do is re- pleased to rise today in support of H.R. section (a). move the cloud of uncertainty con- 3621, a legislation this Member intro- The SPEAKER pro tempore. Pursu- cerning his appointment as a captain. duced to correct a nearly 200-year-old ant to the rule, the gentleman from Mr. Speaker, I commend the author error. I thank the gentleman for yield- Maryland (Mr. BARTLETT) and the gen- of H.R. 3621, the gentleman from Ne- ing me this time. BERCROMBIE tleman from Hawaii (Mr. A ) braska (Mr. BEREUTER), for bringing This Member would also like to each will control 20 minutes. this issue to the attention of the thank the distinguished gentleman The Chair recognizes the gentleman House. His commitment to this issue from South Carolina (Chairman from Maryland (Mr. BARTLETT). again proves that it is never too late to SPENCE) for his assistance in moving GENERAL LEAVE do the right thing. this bill forward, and the distinguished Mr. BARTLETT of Maryland. Mr. Mr. Speaker, William Clark earned gentleman from Indiana (Mr. BUYER), Speaker, I ask unanimous consent that the privilege to be called captain and chairman of the Subcommittee on all Members may have 5 legislative the records of our Nation should docu- Military Personnel for his cooperation. days within which to revise and extend ment that honor. I urge my colleagues I also want to express my apprecia- their remarks on H.R. 3621. to vote yes on H.R. 3621. tion to the distinguished gentleman The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of from Missouri (Mr. SKELTON), the rank- objection to the request of the gen- my time. ing minority member of the com- tleman from Maryland? mittee, for his continuing support on b There was no objection. 2200 this effort and for his cosponsorship of Mr. BARTLETT of Maryland. Mr. Mr. ABERCROMBIE. Mr. Speaker, I the resolution. Speaker, I yield myself such time as I yield myself such time as I may con- The gentleman from Maryland (Mr. may consume. sume. BARTLETT) has given us an important Mr. Speaker, today the House has a Mr. Speaker, I think the gentleman part of the background on this issue. rare opportunity to correct a long- from Maryland (Mr. BARTLETT) has As we approach the bicentennial of the standing injustice and blemish in our provided the background, and I suspect Lewis and Clark Expedition, it is im- Nation’s history. there will be some further commentary portant to formally recognize the role H.R. 3621 would authorize the post- by the introducer of the bill. of William Clark by posthumously humous promotion of William Clark, Mr. Speaker, I rise in support of H.R. awarding him the rank of captain co-leader of the Lewis and Clark Expe- 3621, introduced by Mr. DOUG BEREU- which he had been promised. dition, to the grade of captain in the TER, which would provide for the post- The legislation we are considering Regular Army. humous promotion of William Clark to today, H.R. 3621, states that William

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.185 pfrm01 PsN: H10PT1 H9602 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Clark ‘‘shall be deemed for all purposes Mr. ABERCROMBIE. Mr. Speaker, I SECTION 1. SHORT TITLE; TABLE OF CONTENTS. to have held the grade of captain, rath- yield myself such time as I may con- (a) SHORT TITLE.—This Act may be cited as er than lieutenant, in the Regular sume. the ‘‘Grain Standards and Warehouse Im- Army, effective as of March 26, 1804, Mr. Speaker, there are no further re- provement Act of 2000’’. (b) TABLE OF CONTENTS.—The table of con- and continuing until his separation quests for time on this side. I would tents of this Act is as follows: from the Army on February 27, 1807.’’ like to close simply by observing that Sec. 1. Short title; table of contents. This Member urges my colleagues to I have had the opportunity, the good TITLE I—GRAIN STANDARDS support H.R. 3621 and help correct an fortune, I might say, through the aus- Sec. 101. Sampling for export grain. error that has persisted for nearly two pices of the ranking minority member, Sec. 102. Geographic boundaries for official centuries. to have conversations, with some other agencies. Although most people consider Members, with Mr. Ambrose, the au- Sec. 103. Authorization to collect fees. Meriwether Lewis and William Clark thor. I, just by way of observation, Sec. 104. Testing of equipment. to be of equal rank due to their shared hope that, when this passes, as I am Sec. 105. Limitation on administrative and command of the expedition, the fact is sure it will unanimously, that perhaps supervisory costs. that Clark remained a lieutenant de- we could see to it that a copy of the Sec. 106. Licenses and authorizations. Sec. 107. Grain additives. spite an earlier promise by President resolution in some appropriate form be Sec. 108. Authorization of appropriations. Jefferson that he would be commis- sent to him. I am sure he would find it Sec. 109. Advisory committee. sioned as a captain. In fact, Captain interesting and a nice, not conclusion, Sec. 110. Conforming amendments. Lewis treated William Clark as a co- certainly, but certainly an addition to Sec. 111. Special effective date for certain equal leader of the Corps of Discovery the interest that Mr. Ambrose induced expired provisions. throughout the expedition; and in all in the Nation with the publication of TITLE II—WAREHOUSES probability, the men assumed that his book on the expedition. Sec. 201. Storage of agricultural products in their leaders held the rank of captain, Mr. Speaker, I yield back the balance warehouses. both of them. of my time. Sec. 202. Regulations. Stephen Ambrose, in his outstanding Mr. BARTLETT of Maryland. Mr. TITLE I—GRAIN STANDARDS book ‘‘Undaunted Courage,’’ gives a de- Speaker, I have no further requests for SEC. 101. SAMPLING FOR EXPORT GRAIN. tailed and well-documented description time, and I yield back the balance of Section 5(a)(1) of the United States Grain of the events that resulted in the di- my time. Standards Act (7 U.S.C. 77(a)(1)) is amended minished rank for Clark. Despite the The SPEAKER pro tempore (Mr. by striking ‘‘(on the basis’’ and all that fol- lows through ‘‘from the United States)’’. clearly stated intentions by President RYAN of Wisconsin). The question is on Jefferson and Lewis, a number of ac- SEC. 102. GEOGRAPHIC BOUNDARIES FOR OFFI- the motion offered by the gentleman CIAL AGENCIES. tions denied Clark his rightful rank. from Maryland (Mr. BARTLETT) that (a) INSPECTION AUTHORITY.—Section 7(f) of Nevertheless, Clark served his country the House suspend the rules and pass the United States Grain Standards Act (7 admirably and emerged, along with the bill, H.R. 3621. U.S.C. 79(f)) is amended by striking para- Lewis, a true American hero for all The question was taken; and (two- graph (2) and inserting the following: time. thirds having voted in favor thereof) ‘‘(2) GEOGRAPHIC BOUNDARIES FOR OFFICIAL The approaching bicentennial of this the rules were suspended and the bill AGENCIES.—Not more than 1 official agency extraordinarily important expedition was passed. designated under paragraph (1) or State dele- gated authority under subsection (e)(2) to provides the United States of America A motion to reconsider was laid on an excellent opportunity to correct carry out the inspection provisions of this the table. Act shall be operative at the same time in this oversight and elevate Clark to his f any geographic area defined by the Sec- rightful rank. This Member has fully retary, except that, if the Secretary deter- investigated this issue with the U.S. PERMISSION TO FILE CON- mines that the presence of more than 1 des- Army and finds that introducing this FERENCE REPORT ON H.R. 4392, ignated official agency in the same geo- legislation is the proper course to fol- INTELLIGENCE AUTHORIZATION graphic area will not undermine the policy low without setting inappropriate ACT FOR FISCAL YEAR 2001 stated in section 2, the Secretary may— precedent. A similar legislative action ‘‘(A) allow more than 1 designated official Mr. BARRETT of Nebraska. Mr. was taken to promote George Wash- agency to carry out inspections within the Speaker, I ask unanimous consent that same geographical area as part of a pilot pro- ington in rank posthumously in 1978. gram; and As a footnote, Members may be inter- the managers on the part of the House have until midnight tonight to file a ‘‘(B) allow a designated official agency to ested to know that there is no cost as- cross boundary lines to carry out inspections sociated with H.R. 3621 as the legisla- conference report to accompany the bill, H.R. 4392. in another geographic area if the Secretary tion prohibits any person from col- also determines that— lecting any bonus, gratuity, pay or al- The SPEAKER pro tempore. Is there ‘‘(i) the current designated official agency lowance because of the posthumous objection to the request of the gen- for that geographic area is unable to provide promotion. This legislation simply tleman from Nebraska? inspection services in a timely manner; gives Lieutenant William Clark the There was no objection. ‘‘(ii) a person requesting inspection serv- f ices in that geographic area has not been re- promotion to Captain promised by ceiving official inspection services from the President Jefferson before the Lewis GRAIN STANDARDS AND WARE- current designated official agency for that and Clark expedition began. HOUSE IMPROVEMENT ACT OF geographic area; or Retired General Gordon R. Sullivan ‘‘(iii) a person requesting inspection serv- 2000 on behalf of the Association of the ices in that geographic area requests a probe United States Army applauded this leg- Mr. BARRETT of Nebraska. Mr. inspection on a barge-lot basis.’’. islation and pledged their support. Speaker, I move to suspend the rules (b) WEIGHING AUTHORITY.—Section 7A(i) of Mr. Speaker, in closing, I would say and pass the bill (H.R. 4788) to amend the United States Grain Standards Act (7 this, William Clark served our country the United States Grain Standards Act U.S.C. 79a(i)) is amended— (1) by striking ‘‘(i) No’’ and inserting the admirably, with great courage and to extend the authority of the Sec- following: leadership skills, and emerged, along retary of Agriculture to collect fees to ‘‘(i) UNAUTHORIZED WEIGHING PROHIBITED.— with Meriwether Lewis, as a true cover the cost of services performed ‘‘(1) IN GENERAL.—No’’; American hero for all times. As a co- under the Act, to extend the authoriza- (2) by striking the second sentence; and chairman of the House Lewis and Clark tion of appropriations for the Act, and (3) by adding at the end the following: Caucus and a former Army officer, this to improve the administration of the ‘‘(2) GEOGRAPHIC BOUNDARIES FOR OFFICIAL Member believes that this legislation Act, as amended. AGENCIES.—Not more than 1 designated offi- The Clerk read as follows: cial agency referred to in paragraph (1) or is a matter in which the Congress State agency delegated authority pursuant should act. H.R. 4788 to subsection (c)(2) to carry out the weighing Therefore, I urge my colleagues to Be it enacted by the Senate and House of Rep- provisions of this Act shall be operative at support H.R. 3621. It is the right thing resentatives of the United States of America in the same time in any geographic area de- to do, even now. Congress assembled, fined by the Secretary, except that, if the

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00096 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.188 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9603 Secretary determines that the presence of TITLE II—WAREHOUSES cense is applied for under this Act, is suit- more than 1 designated official agency in the SEC. 201. STORAGE OF AGRICULTURAL PROD- able for the proper storage of the agricul- same geographic area will not undermine the UCTS IN WAREHOUSES. tural product or products stored or proposed policy stated in section 2, the Secretary The United States Warehouse Act (7 U.S.C. for storage in the warehouse. may— 241 et seq.) is amended to read as follows: ‘‘(f) CLASSIFICATION.—The Secretary may ‘‘(A) allow more than 1 designated official ‘‘SECTION 1. SHORT TITLE. classify a licensed warehouse, or a warehouse agency to carry out the weighing provisions ‘‘This Act may be cited as the ‘United for which a license is applied for under this within the same geographical area as part of States Warehouse Act’. Act, in accordance with the ownership, loca- a pilot program; and tion, surroundings, capacity, conditions, and ‘‘SEC. 2. DEFINITIONS. other qualities of the warehouse and as to ‘‘(B) allow a designated official agency to ‘‘In this Act: cross boundary lines to carry out the weigh- the kinds of licenses issued or that may be ‘‘(1) AGRICULTURAL PRODUCT.—The term ing provisions in another geographic area if issued for the warehouse under this Act. ‘agricultural product’ means an agricultural ‘‘(g) WAREHOUSE OPERATOR’S DUTIES.—Sub- the Secretary also determines that— commodity, as determined by the Secretary, ‘‘(i) the current designated official agency ject to the other provisions of this Act, the including a processed product of an agricul- Secretary may prescribe the duties of a for that geographic area is unable to provide tural commodity. the weighing services in a timely manner; or warehouse operator operating a warehouse ‘‘(2) APPROVAL.—The term ‘approval’ licensed under this Act with respect to the ‘‘(ii) a person requesting weighing services means the consent provided by the Secretary in that geographic area has not been receiv- warehouse operator’s care of and responsi- for a person to engage in an activity author- bility for agricultural products stored or ing official weighing services from the cur- ized by this Act. rent designated official agency for that geo- handled by the warehouse operator. ‘‘(3) DEPARTMENT.—The term ‘Department’ ‘‘(h) SYSTEMS FOR ELECTRONIC CONVEY- graphic area.’’. means the Department of Agriculture. ANCE.— SEC. 103. AUTHORIZATION TO COLLECT FEES. ‘‘(4) ELECTRONIC DOCUMENT.—The term ‘‘(1) REGULATIONS GOVERNING ELECTRONIC (a) INSPECTION AND SUPERVISORY FEES.— ‘electronic document’ means a document SYSTEMS.—Except as provided in paragraph Section 7(j)(4) of the United States Grain that is generated, sent, received, or stored by (2), the Secretary may promulgate regula- Standards Act (7 U.S.C. 79(j)(4)) is amended electronic, optical, or similar means, includ- tions governing 1 or more electronic systems in the first sentence by striking ‘‘2000’’ and ing electronic data interchange, electronic under which electronic receipts may be inserting ‘‘2005’’. mail, telegram, telex, or telecopy. issued and transferred and other electronic (b) WEIGHING AND SUPERVISORY FEES.—Sec- ‘‘(5) ELECTRONIC RECEIPT.—The term ‘elec- documents relating to the shipment, pay- tion 7A(l)(3) of the United States Grain tronic receipt’ means a receipt that is au- ment, and financing of the sale of agricul- Standards Act (7 U.S.C. 79a(l)(3)) is amended thorized by the Secretary to be issued or tural products may be issued or transferred. in the first sentence by striking ‘‘2000’’ and transmitted under this Act in the form of an ‘‘(2) LIMITATIONS.—The Secretary shall not inserting ‘‘2005’’. electronic document. have the authority under this Act to estab- SEC. 104. TESTING OF EQUIPMENT. ‘‘(6) HOLDER.—The term ‘holder’ means a lish— Section 7B(a) of the United States Grain person that has possession in fact or by oper- ‘‘(A) 1 or more central filing systems for Standards Act (7 U.S.C. 79b(a)) is amended in ation of law of a receipt or any electronic the filing of financing statements or the fil- the first sentence by striking ‘‘but at least document. ing of the notice of financing statements; or annually and’’. ‘‘(7) PERSON.—The term ‘person’ means— ‘‘(B) rules to determine security interests SEC. 105. LIMITATION ON ADMINISTRATIVE AND ‘‘(A) a person (as defined in section 1 of of persons affected by this Act. SUPERVISORY COSTS. title 1, United States Code); ‘‘(i) EXAMINATION AND AUDITS.—In addition Section 7D of the United States Grain ‘‘(B) a State; and to the authority provided under subsection Standards Act (7 U.S.C. 79d) is amended— ‘‘(C) a political subdivision of a State. (l), on request of the person, State agency, or (1) by striking ‘‘2000’’ and inserting ‘‘2005’’; ‘‘(8) RECEIPT.—The term ‘receipt’ means a commodity exchange, the Secretary may and warehouse receipt issued in accordance with conduct an examination, audit, or similar (2) by striking ‘‘40 per centum’’ and insert- this Act, including an electronic receipt. activity with respect to— ing ‘‘30 percent’’. ‘‘(9) SECRETARY.—The term ‘Secretary’ ‘‘(1) any person that is engaged in the busi- SEC. 106. LICENSES AND AUTHORIZATIONS. means the Secretary of Agriculture. ness of storing an agricultural product that Section 8(a)(3) of the United States Grain ‘‘(10) WAREHOUSE.—The term ‘warehouse’ is subject to this Act; Standards Act (7 U.S.C. 84(a)(3)) is amended means a structure or other approved storage ‘‘(2) any State agency that regulates the by inserting ‘‘inspection, weighing,’’ after facility, as determined by the Secretary, in storage of an agricultural product by such a ‘‘laboratory testing,’’. which any agricultural product may be person; or SEC. 107. GRAIN ADDITIVES. stored or handled for the purposes of inter- ‘‘(3) any commodity exchange with regu- Section 13(e)(1) of the United States Grain state or foreign commerce. latory authority over the storage of agricul- Standards Act (7 U.S.C. 87b(e)(1)) is amended ‘‘(11) WAREHOUSE OPERATOR.—The term tural products that are subject to this Act. by inserting ‘‘, or prohibit disguising the ‘warehouse operator’ means a person that is ‘‘(j) LICENSES FOR OPERATION OF WARE- quality of grain,’’ after ‘‘sound and pure lawfully engaged in the business of storing HOUSES.—The Secretary may issue to any grain’’. or handling agricultural products. warehouse operator a license for the oper- ation of a warehouse in accordance with this SEC. 108. AUTHORIZATION OF APPROPRIATIONS. ‘‘SEC. 3. POWERS OF SECRETARY. Act if— Section 19 of the United States Grain ‘‘(a) IN GENERAL.—The Secretary shall ‘‘(1) the Secretary determines that the Standards Act (7 U.S.C. 87h) is amended by have exclusive power, jurisdiction, and au- warehouse is suitable for the proper storage striking ‘‘2000’’ and inserting ‘‘2005’’. thority, to the extent that this Act applies, with respect to— of the agricultural product or products SEC. 109. ADVISORY COMMITTEE. ‘‘(1) each warehouse operator licensed stored or proposed for storage in the ware- Section 21(e) of the United States Grain under this Act; house; and Standards Act (7 U.S.C. 87j(e)) is amended by ‘‘(2) each person that has obtained an ap- ‘‘(2) the warehouse operator agrees, as a striking ‘‘2000’’ and inserting ‘‘2005’’. proval to engage in an activity under this condition of the license, to comply with this SEC. 110. CONFORMING AMENDMENTS. Act; and Act (including regulations promulgated (a) OBSOLETE STUDIES AND REPORTS.—Sec- ‘‘(3) each person claiming an interest in an under this Act). tion 8 of the United States Grain Standards agricultural product by means of a document ‘‘(k) LICENSING OF OTHER PERSONS.— Act of 1976 (7 U.S.C. 79 note; Public Law 94– or receipt subject to this Act. ‘‘(1) IN GENERAL.—On presentation of satis- 582) is amended— ‘‘(b) COVERED AGRICULTURAL PRODUCTS.— factory proof of competency to carry out the (1) by striking ‘‘(a)’’; and The Secretary shall specify, after an oppor- activities described in this paragraph, the (2) by striking subsection (b). tunity for notice and comment, those agri- Secretary may issue to any person a Federal (b) TEMPORARY AUTHORITIES AND STUDY.— cultural products for which a warehouse li- license— Sections 23, 24, and 25 of the United States cense may be issued under this Act. ‘‘(A) to inspect any agricultural product Grain Standards Act of 1976 (7 U.S.C. 87e–1, 7 ‘‘(c) INVESTIGATIONS.—The Secretary may stored or handled in a warehouse subject to U.S.C. 76 note; Public Law 94–582) are re- investigate the storing, warehousing, this Act; pealed. classifying according to grade and otherwise, ‘‘(B) to sample such an agricultural prod- (c) TRANSITIONAL PROVISION.—Section 27 of weighing, and certifying of agricultural uct; the United States Grain Standards Act of products. ‘‘(C) to classify such an agricultural prod- 1976 (7 U.S.C. 74 note; Public Law 94–582) is ‘‘(d) INSPECTIONS.—The Secretary may in- uct according to condition, grade, or other amended by striking ‘‘; and thereafter’’ and spect or cause to be inspected any person or class and certify the condition, grade, or all that follows and inserting a period. warehouse licensed under this Act and any other class of the agricultural product; or SEC. 111. SPECIAL EFFECTIVE DATE FOR CER- warehouse for which a license is applied for ‘‘(D) to weigh such an agricultural product TAIN EXPIRED PROVISIONS. under this Act. and certify the weight of the agricultural The amendments made by sections 103, 105, ‘‘(e) SUITABILITY FOR STORAGE.—The Sec- product. 108, and 109 shall take effect as if enacted on retary may determine whether a licensed ‘‘(2) CONDITION.—As a condition of a license September 30, 2000. warehouse, or a warehouse for which a li- issued under paragraph (1), the licensee shall

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.100 pfrm01 PsN: H10PT1 H9604 CONGRESSIONAL RECORD — HOUSE October 10, 2000

agree to comply with this Act (including reg- insufficient, the Secretary may suspend or ‘‘(b) ACTUAL STORAGE REQUIRED.—A receipt ulations promulgated under this Act). revoke the license or approval covered by the may not be issued under this section for an ‘‘(l) EXAMINATION OF BOOKS, RECORDS, PA- bond or other financial assurance if the per- agricultural product unless the agricultural PERS, AND ACCOUNTS.—The Secretary may son that filed the bond or other financial as- product is actually stored in the warehouse examine and audit, using designated officers, surance does not provide such additional at the time of the issuance of the receipt. employees, or agents of the Department, all bond or other financial assurance as the Sec- ‘‘(c) CONTENTS.—Each receipt issued for an books, records, papers, and accounts relating retary determines appropriate. agricultural product stored or handled in a to activities subject to this Act of— ‘‘(d) THIRD PARTY ACTIONS.—Any person in- warehouse licensed under this Act shall con- ‘‘(1) a warehouse operator operating a jured by the breach of any obligation arising tain such information, for each agricultural warehouse licensed under this Act; under this Act for which a bond or other fi- product covered by the receipt, as the Sec- ‘‘(2) a person operating a system for the nancial assurance has been obtained as re- retary may require by regulation. electronic recording and transfer of receipts quired by this section may sue with respect ‘‘(d) PROHIBITION ON ADDITIONAL RECEIPTS and other documents authorized by the Sec- to the bond or other financial assurance in a OR OTHER DOCUMENTS.— retary; or district court of the United States to recover ‘‘(1) RECEIPTS.—While a receipt issued under this Act is outstanding and uncanceled ‘‘(3) any other person issuing receipts or the damages that the person sustained as a by the warehouse operator, an additional re- electronic documents authorized by the Sec- result of the breach. ceipt may not be issued for the same agricul- retary under this Act. ‘‘SEC. 7. MAINTENANCE OF RECORDS. tural product (or any portion of the same ag- ‘‘(m) COOPERATION WITH STATES.—The Sec- ‘‘To facilitate the administration of this ricultural product) represented by the out- retary may— Act, the following persons shall maintain standing receipt, except as authorized by the ‘‘(1) cooperate with officers and employees such records and make such reports, as the Secretary. of a State who administer or enforce State Secretary may by regulation require: ‘‘(2) OTHER DOCUMENTS.—If a document is laws relating to warehouses, warehouse oper- ‘‘(1) A warehouse operator that is licensed transferred under this section, no duplicate ators, weighers, graders, inspectors, sam- under this Act. document in any form may be transferred by plers, or classifiers; and ‘‘(2) A person operating a system for the any person with respect to the same agricul- ‘‘(2) enter into cooperative agreements electronic recording and transfer of receipts tural product represented by the document, with States to perform activities authorized and other documents that are authorized except as authorized by the Secretary. under this Act. under this Act. ‘‘(e) ELECTRONIC RECEIPTS AND ELECTRONIC ‘‘SEC. 4. IMPOSITION AND COLLECTION OF FEES. ‘‘(3) Any other person engaged in the DOCUMENTS.—Except as provided in section ‘‘(a) IN GENERAL.—The Secretary shall as- issuance of electronic receipts or the trans- 3(h)(2), notwithstanding any other provision sess persons covered by this Act fees to cover fer of documents under this Act. of Federal or State law: the costs of administering this Act. ‘‘SEC. 8. FAIR TREATMENT IN STORAGE OF AGRI- ‘‘(1) IN GENERAL.—The Secretary may pro- ‘‘(b) RATES.—The fees under this section CULTURAL PRODUCTS. mulgate regulations that authorize the shall be set at a rate determined by the Sec- ‘‘(a) IN GENERAL.—Subject to the capacity issuance, recording, and transfer of elec- retary. of a warehouse, a warehouse operator shall tronic receipts, and the transfer of other ‘‘(c) TREATMENT OF FEES.—All fees col- deal, in a fair and reasonable manner, with electronic documents, in accordance with lected under this section shall be credited to persons storing, or seeking to store, an agri- this subsection. the account that incurs the costs of admin- cultural product in the warehouse if the ag- ‘‘(2) ELECTRONIC RECEIPT OR ELECTRONIC istering this Act and shall be available to ricultural product— DOCUMENT SYSTEMS.—Electronic receipts the Secretary without further appropriation ‘‘(1) is of the kind, type, and quality cus- may be issued, recorded, and transferred, and and without fiscal year limitation. tomarily stored or handled in the area in electronic documents may be transferred, ‘‘(d) INTEREST.—Funds collected under this which the warehouse is located; under this subsection with respect to an ag- section may be deposited in an interest-bear- ‘‘(2) is tendered to the warehouse operator ricultural product under, a system or sys- ing account with a financial institution, and in a suitable condition for warehousing; and tems maintained in 1 or more locations and any interest earned on the account shall be ‘‘(3) is tendered in a manner that is con- approved by the Secretary in accordance credited under subsection (c). sistent with the ordinary and usual course of with regulations issued under this Act. ‘‘(e) EFFICIENCIES AND COST EFFECTIVE- business. ‘‘(3) TREATMENT OF HOLDER.—Any person NESS.— ‘‘(b) ALLOCATION.—Nothing in this section designated as the holder of an electronic re- ‘‘(1) IN GENERAL.—The Secretary shall seek prohibits a warehouse operator from enter- ceipt or other electronic document issued or to minimize the fees established under this ing into an agreement with a depositor of an transferred under this Act shall, for the pur- section by improving efficiencies and reduc- agricultural product to allocate available pose of perfecting the security interest of the ing costs, including the efficient use of per- storage space. person under Federal or State law and for all sonnel to the extent practicable and con- ‘‘SEC. 9. COMMINGLING OF AGRICULTURAL other purposes, be considered to be in posses- sistent with the effective implementation of PRODUCTS. sion of the receipt or other electronic docu- this Act. ‘‘(a) IN GENERAL.—A warehouse operator ment. ‘‘(2) REPORT.—The Secretary shall publish may commingle agricultural products in a ‘‘(4) NONDISCRIMINATION.—An electronic re- an annual report on the actions taken by the manner approved by the Secretary. ceipt issued, or other electronic document Secretary to comply with paragraph (1). ‘‘(b) LIABILITY.—A warehouse operator transferred, in accordance with this Act ‘‘SEC. 5. QUALITY AND VALUE STANDARDS. shall be severally liable to each depositor or shall not be denied legal effect, validity, or ‘‘If standards for the evaluation or deter- holder for the care and redelivery of the enforceability on the ground that the infor- mination of the quality or value of an agri- share of the depositor and holder of the com- mation is generated, sent, received, or stored cultural product are not established under mingled agricultural product to the same ex- by electronic or similar means. another Federal law, the Secretary may es- tent and under the same circumstances as if ‘‘(5) SECURITY INTERESTS.—If more than 1 tablish standards for the evaluation or deter- the agricultural products had been stored security interest exists in the agricultural mination of the quality or value of the agri- separately. product that is the subject of an electronic cultural product under this Act. ‘‘SEC. 10. TRANSFER OF STORED AGRICULTURAL receipt or other electronic document under ‘‘SEC. 6. BONDING AND OTHER FINANCIAL ASSUR- PRODUCTS. this Act, the priority of the security interest ANCE REQUIREMENTS. ‘‘(a) IN GENERAL.—In accordance with regu- shall be determined by the applicable Fed- ‘‘(a) IN GENERAL.—As a condition of receiv- lations promulgated under this Act, a ware- eral or State law. ing a license or approval under this Act (in- house operator may transfer a stored agri- ‘‘(6) NO ELECTRONIC RECEIPT REQUIRED.—A cluding regulations promulgated under this cultural product from 1 warehouse to an- person shall not be required to issue in elec- Act), the person applying for the license or other warehouse for continued storage. tronic form a receipt or document with re- approval shall execute and file with the Sec- ‘‘(b) CONTINUED DUTY.—The warehouse op- spect to an agricultural product. retary a bond, or provide such other finan- erator from which agricultural products ‘‘(7) OPTION FOR NON-FEDERALLY LICENSED cial assurance as the Secretary determines have been transferred under subsection (a) WAREHOUSE OPERATORS.—Notwithstanding appropriate, to secure the person’s perform- shall deliver to the rightful owner of such any other provision of this Act, a warehouse ance of the activities so licensed or ap- products, on request at the original ware- operator not licensed under this Act may, at proved. house, such products in the quantity and of the option of the warehouse operator and in ‘‘(b) SERVICE OF PROCESS.—To qualify as a the kind, quality, and grade called for by the accordance with regulations established by suitable bond or other financial assurance receipt or other evidence of storage of the the Secretary, issue electronic receipts and under subsection (a), the surety, sureties, or owner. transfer other electronic documents in ac- financial institution shall be subject to serv- ‘‘SEC. 11. WAREHOUSE RECEIPTS. cordance with this Act. ice of process in suits on the bond or other fi- ‘‘(a) IN GENERAL.—At the request of the de- ‘‘(8) APPLICATION TO STATE-LICENSED WARE- nancial assurance in the State, district, or positor of an agricultural product stored or HOUSE OPERATORS.—This subsection shall not territory in which the warehouse is located. handled in a warehouse licensed under this apply to a warehouse operator that is li- ‘‘(c) ADDITIONAL ASSURANCES.—If the Sec- Act, the warehouse operator shall issue a re- censed under State law to store agricultural retary determines that a previously ap- ceipt to the depositor as prescribed by the commodities in a warehouse in the State if proved bond or other financial assurance is Secretary. the warehouse operator elects—

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00098 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.100 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9605 ‘‘(A) not to issue electronic receipts au- confidential business information obtained A special thanks to Mr. Jim Baker, thorized under this subsection; or during a warehouse examination or other who is the administrator of the Grain ‘‘(B) to issue electronic receipts authorized function performed as part of the duties of Inspection, Packers and Stockyards under State law. the officer, employee, or agent under this Administration, and his staff for their ‘‘SEC. 12. CONDITIONS FOR DELIVERY OF AGRI- Act. CULTURAL PRODUCTS. ‘‘SEC. 15. PENALTIES FOR NONCOMPLIANCE. cooperation in working out the details ‘‘(a) PROMPT DELIVERY.—In the absence of ‘‘If a person fails to comply with any re- of this reauthorization. a lawful excuse, a warehouse operator shall, quirement of this Act (including regulations On September 30, the authorization without unnecessary delay, deliver the agri- promulgated under this Act), the Secretary for the collection of fees by the Grain cultural product stored or handled in the may assess, on the record after an oppor- Inspection, Packers and Stockyards warehouse on a demand made by— tunity for a hearing, a civil penalty— Administration of the USDA expired. ‘‘(1) the holder of the receipt for the agri- ‘‘(1) of not more than $25,000 per violation, Since approximately 75 percent of the cultural product; or if an agricultural product is not involved in grain inspection budget is obtained the violation; or ‘‘(2) the person that deposited the product, through the collection of fees and only if no receipt has been issued. ‘‘(2) of not more than 100 percent of the ‘‘(b) PAYMENT TO ACCOMPANY DEMAND.— value of the agricultural product, if an agri- 25 percent through appropriations, this Prior to delivery of the agricultural product, cultural product is involved in the violation. legislation is critical to assure the con- payment of the accrued charges associated ‘‘SEC. 16. JURISDICTION AND ARBITRATION. tinued marketing of grain and oilseeds. with the storage of the agricultural product, ‘‘(a) FEDERAL JURISDICTION.—A district The grain standards provisions en- including satisfaction of the warehouseman’s court of the United States shall have exclu- sure confidence to our producers, grain lien, shall be made if requested by the ware- sive jurisdiction over any action brought elevators, and overseas buyers. The house operator. under this Act without regard to the amount grain inspection and weighing proce- in controversy or the citizenship of the par- ‘‘(c) SURRENDER OF RECEIPT.—When the dure is very important to farmers and holder of a receipt requests delivery of an ag- ties. ricultural product covered by the receipt, ‘‘(b) ARBITRATION.—Nothing in this Act grain elevators. It is critical that the the holder shall surrender the receipt to the prevents the enforceability of an agreement Department of Agriculture continue to warehouse operator, in the manner pre- to arbitrate that would otherwise be enforce- thoroughly inspect grain for purity or, scribed by the Secretary, to obtain the agri- able under chapter 1 of title 9, United States in the case of official agencies, USDA cultural product. Code. needs to provide vigilant oversight. ‘‘(d) CANCELLATION OF RECEIPT.—A ware- ‘‘SEC. 17. AUTHORIZATION OF APPROPRIATIONS. This program provides official inspec- house operator shall cancel each receipt re- ‘‘There are authorized to be appropriated tion so that customers are delivered such sums as are necessary to carry out this turned to the warehouse operator upon the certainly a quality product. delivery of the agricultural product for Act.’’. which the receipt was issued. SEC. 202. REGULATIONS. The bill also provides for a reason- able compromise on the issue of geo- ‘‘SEC. 13. SUSPENSION OR REVOCATION OF LI- (a) PROPOSED REGULATIONS.—Not later CENSES. than 90 days after the date of enactment of graphic boundaries. It will allow grain ‘‘(a) IN GENERAL.—After providing notice this Act, the Secretary of Agriculture shall inspectors to cross boundary lines with and an opportunity for a hearing in accord- publish in the Federal Register proposed reg- approval from the Secretary of Agri- ance with this section, the Secretary may ulations for carrying out the amendment culture. But it will also keep official suspend or revoke any license issued, or ap- made by section 201. agencies in place, within geographical proval for an activity provided, under this (b) FINAL REGULATIONS.—Not later than 180 days after the date of enactment of this Act, areas. Act— H.R. 4788, now under consideration, ‘‘(1) for a material violation of, or failure the Secretary shall promulgate final regula- to comply, with any provision of this Act tions for carrying out the amendment made also includes under Title II the impor- (including regulations promulgated under by section 201. tant revisions to the U.S. Warehouse this Act); or (c) EFFECTIVENESS OF EXISTING ACT.—The Act. The main revision is to authorize ‘‘(2) on the ground that unreasonable or ex- United States Warehouse Act (7 U.S.C. 241 et the use of electronic receipts. orbitant charges have been imposed for serv- seq.) (as it existed before the amendment Mr. Speaker, I urge my colleagues to ices rendered. made by section 201) shall be effective until support this very timely and very im- the earlier of— ‘‘(b) TEMPORARY SUSPENSION.—The Sec- portant piece of legislation. retary may temporarily suspend a license or (1) the date on which final regulations are promulgated under subsection (b); or Mr. Speaker, I reserve the balance of approval for an activity under this Act prior my time. to an opportunity for a hearing for any vio- (2) August 1, 2001. lation of, or failure to comply with, any pro- The SPEAKER pro tempore. Pursu- Mr. STENHOLM. Mr. Speaker, I yield vision of this Act (including regulations pro- ant to the rule, the gentleman from myself such time as I may consume. mulgated under this Act). Nebraska (Mr. BARRETT) and the gen- Mr. Speaker, I rise tonight in support ‘‘(c) AUTHORITY TO CONDUCT HEARINGS.— tleman from Texas (Mr. STENHOLM) of H.R. 4788, which reauthorizes the The agency within the Department that is each will control 20 minutes. U.S. Grain Standards Act and also up- responsible for administering regulations The Chair recognizes the gentleman dates the U.S. Warehouse Act. promulgated under this Act shall have exclu- Given today’s world market, it is im- sive authority to conduct any hearing re- from Nebraska (Mr. BARRETT). Mr. BARRETT of Nebraska. Mr. portant that our farmers and com- quired under this section. modity merchants have the best tech- ‘‘(d) JUDICIAL REVIEW.— Speaker, I yield myself such time as I ‘‘(1) JURISDICTION.—A final administrative may consume. nical support possible to help them determination issued subsequent to a hear- Mr. Speaker, I rise this evening in compete in the marketplace. This leg- ing may be reviewable only in a district support of the bill, H.R. 4788, the Grain islation helps continue that tradition court of the United States. Standards and Warehouse Improve- by reauthorizing the inspection and ‘‘(2) PROCEDURE.—The review shall be con- ment Act of 2000, as amended. weighing activities of the Grain Inspec- ducted in accordance with the standards set The Subcommittee on General Farm tion, Packers and Stockyards Adminis- forth in section 706(2) of title 5, United Commodities, Resource Conservation tration as well as updating the U.S. States Code. and Credit, which I chair, reported the Warehouse Act and providing for the ‘‘SEC. 14. PUBLIC INFORMATION. Grain Standards Act reauthorization use of electronic documentation under ‘‘(a) IN GENERAL.—The Secretary may re- that act. lease to the public the names, addresses, and bill out of subcommittee on July 25 of locations of all persons— this year. I thank the gentleman from Due to the technical nature of many ‘‘(1) that have been licensed under this Act Minnesota (Mr. MINGE), the ranking of the provisions included in this legis- or that have been approved to engage in an member of the subcommittee, who was lation, I would have much preferred to activity under this Act; and a cosponsor of the bill, for his contribu- report this bill from the Committee on ‘‘(2) with respect to which a license or ap- tions to this important legislation. Agriculture. However, it is imperative proval has been suspended or revoked under I also thank the gentleman from that we provide the grain inspection section 13, the results of any investigation Texas (Mr. COMBEST), chairman of the service with the authority to collect made or hearing conducted under this Act, full committee, and certainly the gen- fees to provide official weighing and in- including the reasons for the suspension or revocation. tleman from Texas (Mr. STENHOLM), spection services for grain bound for ‘‘(b) CONFIDENTIALITY.—Except as other- the ranking member of the committee, export since their authority expired on wise provided by law, an officer, employee, for their assistance in bringing this bill September 30. Unfortunately, we sim- or agent of the Department shall not divulge to the floor as well. ply cannot wait any longer at this

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00099 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.100 pfrm01 PsN: H10PT1 H9606 CONGRESSIONAL RECORD — HOUSE October 10, 2000 point and take the time to go through and revises the U.S. Warehouse Act to electronic document systems can compete. the committee process. bring them into line with the 21st cen- This legislation envisions the federal govern- I urge my colleagues to support this tury. Of particular interest to me are ment acting as umpire over multiple private routine update of these two statutes the provisions that update the U.S. electronic document systems. This is the type and ask for their support of H.R. 4788. Warehouse Act by allowing for the use of system currently in place for electronic cot- Mr. Speaker, I reserve the balance of of electronic receipts and other docu- ton warehouse receipts, and it has proven to my time. ments. work in that arena. Mr. BARRETT of Nebraska. Mr. I might add, parenthetically, that Also, I realize that there is a cost associated Speaker, I am pleased to yield 2 min- earlier this year, with the help of the with administering this act, and that is why this utes to the gentleman from Virginia gentleman from Virginia (Mr. GOOD- legislation provides authority for the Depart- (Mr. GOODLATTE), a member of the full LATTE), the chairman of the sub- ment of Agriculture to charge fees to offset Committee on Agriculture. committee, we were able to pass an e- this cost. I believe that such fees should be as Mr. GOODLATTE. Mr. Speaker, I file bill that I think will bring the U.S. low as possible and that there should be a thank the gentleman for yielding me Department of Agriculture into the correlation between whatever fees are ulti- this time and for his leadership on this 21st century. We could not have done it mately charged under the Act and the specific issue. I also commend the gentleman without the chairman and the ranking services being rendered by USDA. In order to from Illinois (Mr. LAHOOD) for his con- member and their support of our e-file insure the viability of electronic receipts, I be- tribution to this effort as well. bill. Mr. Speaker, I rise today in support lieve that fees should not be of such amount In this age of electronic commerce, I of H.R. 4788, the Grain Standards and that they hinder the use of electronic ware- believe that there is a need for a Fed- Warehouse Improvement Act of 2000. house receipts or other electronic documents. eral presence in electronic documents. H.R. 4788 is a necessary and important Also, I do not believe that charging per trans- But the U.S. Government should focus piece of legislation in that it allows the action fees on electronic warehouse receipts Grain Inspection Packers and Stock- on establishing rules and regulations is appropriate. yards Administration to continue to under which private operators of elec- Having made these points, I believe that this serve the essential purpose of guaran- tronic document systems can compete. is a good bill, which will improve the efficiency This legislation envisions the Federal teeing a quality grain supply. and profitability of American agriculture. I urge Through vigorous inspection, GIPSA Government acting as an umpire over my fellow members to support this legislation. has assisted in maintaining the integ- multiple private electronic document Mr. COMBEST. Mr. Speaker, I rise today to rity of the American grain, both at systems. This is the type of system suspend the rules and pass the bill H.R. 4788, home and abroad. To fund this pro- currently in place for electronic cotton with an amendment, and urge my colleagues gram, GIPSA has creatively relied on warehouse receipts, and it has proven to support the Grain Standards and Ware- the collection of fees to recoup its to work in that arena. house Improvement Act of 2000. This reau- costs for service. By reauthorizing its Also, I realize there is a cost associ- thorization will provide the Grain Inspection authority in the area of grain quality ated with administering this act, and Packers and Stockyards Administration with inspection, H.R. 4788 takes the nec- that is why this legislation provides essential authority to continue the inspection essary step to ensuring that the Grain authority for the Department of Agri- of grain utilized in both domestic and inter- Inspection, Packers and Stockyards culture to charge fees to offset this national markets, and extends the authority of Administration will continue to serve cost. the Secretary of Agriculture to collect fees to America’s agriculture producers. I believe that such fees should be as cover the costs of services performed under Mr. Speaker, I am particularly inter- low as possible and that there should the Act until the year 2005. ested in H.R. 4788 because it also makes be a correlation between whatever fees On September 30, 2000, the authorization dramatic improvements to the Ware- are ultimately charged under the Act for the collection of fees by the Grain Inspec- house Act by providing the U.S. De- and the specific services being rendered tion Packers and Stockyards Administration partment of Agriculture with a frame- by the USDA. expired. The latest figures show that approxi- work for efficient business practices In order to insure the viability of mately 75% of the grain inspection budget is most explicitly demonstrated by its electronic receipts, I believe that fees funded through the collection of fees and only language authorizing and standardizing should not be of such amount that they 25% through appropriations. Therefore, it is electronic receipt documents. hinder the use of electronic warehouse imperative that Congress act now to renew Like any business today, farmers are receipts or any other electronic docu- this expired authority. using computers and the Internet for a ments. Also, I do not believe that H.R. 4788 also makes improvements to the variety of purposes, including financial charging per transaction fees on elec- Warehouse Act. This will provide the United management systems and market in- tronic warehouse receipts is appro- States Department of Agriculture with a uni- formation. It is becoming increasingly priate. form regulatory system to govern the oper- important to ensure that all segments Having made these points, I believe ation of federally licensed warehouses in- of our economy are technologically ef- this is a good bill which will improve volved in storing agricultural products. ficient. It is vital to empower pro- the efficiency and profitability of Currently, warehouse licenses may be ducers and farmers by providing them American agriculture, and I urge all issued for the storage of major commodities with a technological tools to do busi- Members to support this very impor- and cottonseed. According to the USDA, ness electronically in the information tant legislation that, again, brings the 45.5% of the U.S. off-farm grain and rice stor- age. Electronic warehouse receipts and USDA and agriculture into the 21st age capacity and 49.5% of the total cotton H.R. 4788 are a step in the right direc- century electronically. storage capacity is licensed under the Ware- tion. Mr. LAHOOD. Mr. Speaker, I wish to thank house Act. Mr. Speaker, I urge my colleagues to the gentleman from Texas (Mr. COMBEST) for The revisions to the Warehouse Act will support this fine legislation. yielding time. I also want to thank the staff of make this program more relevant to today's Mr. BARRETT of Nebraska. Mr. the Agriculture Committee for the work they agricultural marketing system. The legislation Speaker, I am pleased to yield 2 min- have done to develop this legislation. would do such things as (1) authorize and utes to the gentleman from Illinois To put it simply, this legislation reauthorizes standardize electronic documents and allow (Mr. LAHOOD), a very valued member of the Grains Standards Act and revises the U.S. their transfer from buyer to seller across state the full Committee on Agriculture. Warehouse Act to bring them in-line with the and international boundaries; (2) authorize Mr. LAHOOD. Mr. Speaker, I wish to 21st century. Of particular interest to me are warehouse operators to enter into contracts or thank the gentleman from Nebraska the provisions that update the U.S. Ware- agreements with depositors to allocate avail- (Mr. BARRETT) for yielding me this house Act by allowing for the use of electronic able storage space; and (3) protect the integ- time. I also want to thank the staff of receipts and other documents. rity of state warehouse laws and regulations the Committee on Agriculture for the In this age of e-commerce, I believe that from federal preemption. work they have done to develop this there is a need for a federal presence in elec- In 1992, Congress directed the Secretary of legislation. tronic documents, but that the U.S. govern- Agriculture to establish electronic warehouse To put it simply, this legislation re- ment should focus on establishing rules and receipts for the cotton industry. Since then, authorizes the Grain Standards Act regulations under which private operators of participation in the electronic-based program

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00100 Fmt 4634 Sfmt 9920 E:\CR\FM\K10OC7.190 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9607 has grown to more than 90% of the U.S. cot- (H.R. 2389) to restore stability and pre- (2) The public domain lands known as re- ton crop. This legislation would extend the dictability to the annual payments vested Oregon and California Railroad grant electronic warehouse receipts program to in- made to States and counties con- lands and the reconveyed Coos Bay Wagon taining National Forest System lands Road grant lands, which are managed predomi- clude all agriculture commodities covered by nantly by the Bureau of Land Management the U.S. Warehouse Act. and public domain lands managed by were returned to Federal ownership in 1916 and This legislation has been negotiated with the the Bureau of Land Management for 1919 and now comprise approximately 2,600,000 United States Department of Agriculture and use by the counties for the benefit of acres of Federal lands. the relevant industries. It provides for a con- public schools, roads, and other pur- (3) Congress recognized that, by its decision to sistent inspection of grains and the ability to poses. secure these lands in Federal ownership, the utilize electronic receipts and documents for The Clerk read as follows: counties in which these lands are situated would be deprived of revenues they would other- all major commodities, which will foster more Senate amendment: wise receive if the lands were held in private Strike out all after the enacting clause and reliable, competitive and efficient commerce ownership. within the agricultural sector. insert: (4) These same counties have expended public In summary Mr. Speaker, this legislation will SECTION 1. SHORT TITLE; TABLE OF CONTENTS. funds year after year to provide services, such bring grain inspection and the use of ware- (a) SHORT TITLE.—This Act may be cited as as education, road construction and mainte- house facilities into the 21st century, all at no the ‘‘Secure Rural Schools and Community Self- nance, search and rescue, law enforcement, net cost to the taxpayer. I urge my colleagues Determination Act of 2000’’. waste removal, and fire protection, that directly (b) Table of Contents.—The table of contents to support this timely and important piece of benefit these Federal lands and people who use of this Act is as follows: these lands. legislation. (5) To accord a measure of compensation to Mr. STENHOLM. Mr. Speaker I have Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. the affected counties for the critical services no further requests for time. I encour- Sec. 3. Definitions. they provide to both county residents and visi- age Members to support the bill, and I Sec. 4. Conforming amendment. tors to these Federal lands, Congress determined yield back the balance of my time. TITLE I—SECURE PAYMENTS FOR STATES that the Federal Government should share with Mr. BARRETT of Nebraska. Mr. AND COUNTIES CONTAINING FEDERAL these counties a portion of the revenues the Speaker, I have no further requests for LANDS United States receives from these Federal lands. time, and I yield back the balance of (6) Congress enacted in 1908 and subsequently Sec. 101. Determination of full payment amount amended a law that requires that 25 percent of my time. for eligible States and counties. the revenues derived from National Forest Sys- The SPEAKER pro tempore. The Sec. 102. Payments to States from National For- tem lands be paid to States for use by the coun- question is on the motion offered by est Service lands for use by coun- ties in which the lands are situated for the ben- the gentleman from Nebraska (Mr. ties to benefit public education efit of public schools and roads. BARRETT) that the House suspend the and transportation. (7) Congress enacted in 1937 and subsequently rules and pass the bill, H.R. 4788, as Sec. 103. Payments to counties from Bureau of amended a law that requires that 75 percent of Land Management lands for use amended. the revenues derived from the revested and re- to benefit public safety, law en- conveyed grant lands be paid to the counties in The question was taken; and (two- forcement, education, and other which those lands are situated to be used as are thirds having voted in favor thereof) public purposes. other county funds, of which 50 percent is to be the rules were suspended and the bill, TITLE II—SPECIAL PROJECTS ON FEDERAL used as other county funds. as amended, was passed. LANDS (8) For several decades primarily due to the The title of the bill was amended so Sec. 201. Definitions. growth of the Federal timber sale program, as to read: Sec. 202. General limitation on use of project counties dependent on and supportive of these Federal lands received and relied on increasing ‘‘A bill to amend the United States Grain funds. shares of these revenues to provide funding for Standards Act to extend the authority of the Sec. 203. Submission of project proposals. schools and road maintenance. Secretary of Agriculture to collect fees to Sec. 204. Evaluation and approval of projects (9) In recent years, the principal source of cover the cost of services performed under by Secretary concerned. these revenues, Federal timber sales, has been that Act, extend the authorization of appro- Sec. 205. Resource advisory committees. sharply curtailed and, as the volume of timber priations for that Act, and improve the ad- Sec. 206. Use of project funds. sold annually from most of the Federal lands ministration of that Act, to reenact the Sec. 207. Availability of project funds. has decreased precipitously, so too have the rev- United States Warehouse Act to require the Sec. 208. Termination of authority. enues shared with the affected counties. licensing and inspection of warehouses used TITLE III—COUNTY PROJECTS (10) This decline in shared revenues has af- to store agricultural products and provide Sec. 301. Definitions. fected educational funding and road mainte- for the issuance of receipts, including elec- Sec. 302. Use of county funds. nance for many counties. tronic receipts, for agricultural products Sec. 303. Termination of authority. (11) In the Omnibus Budget Reconciliation stored or handled in licensed warehouses, TITLE IV—MISCELLANEOUS PROVISIONS Act of 1993, Congress recognized this trend and and for other purposes.’’. ameliorated its adverse consequences by pro- Sec. 401. Authorization of appropriations. A motion to reconsider was laid on viding an alternative annual safety net pay- Sec. 402. Treatment of funds and revenues. the table. ment to 72 counties in Oregon, Washington, and Sec. 403. Regulations. northern California in which Federal timber f Sec. 404. Conforming amendments. sales had been restricted or prohibited by ad- b 2215 TITLE V—MINERAL REVENUE PAYMENTS ministrative and judicial decisions to protect the CLARIFICATION northern spotted owl. GENERAL LEAVE Sec. 501. Short title. (12) The authority for these particular safety Mr. BARRETT of Nebraska. Mr. Sec. 502. Findings. net payments is expiring and no comparable au- Speaker, I ask unanimous consent that Sec. 503. Amendment of the Mineral Leasing thority has been granted for alternative pay- Act. ments to counties elsewhere in the United States all Members may have 5 legislative that have suffered similar losses in shared reve- days within which to revise and extend TITLE VI—COMMUNITY FOREST RESTORATION nues from the Federal lands and in the funding their remarks on H.R. 4788, the bill just for schools and roads those revenues provide. passed. Sec. 601. Short title. (13) There is a need to stabilize education and Sec. 602. Findings. road maintenance funding through predictable The SPEAKER pro tempore (Mr. Sec. 603. Purposes. RYAN of Wisconsin). Is there objection payments to the affected counties, job creation Sec. 604. Definitions. in those counties, and other opportunities asso- to the request of the gentleman from Sec. 605. Establishment of program. Nebraska? ciated with restoration, maintenance, and stew- Sec. 606. Selection process. ardship of Federal lands. There was no objection. Sec. 607. Monitoring and evaluation. (14) Both the Forest Service and the Bureau f Sec. 608. Report. of Land Management face significant backlogs Sec. 609. Authorization of appropriations. in infrastructure maintenance and ecosystem SECURE RURAL SCHOOLS AND SEC. 2. FINDINGS AND PURPOSES. restoration that are difficult to address through COMMUNITY SELF-DETERMINA- (a) FINDINGS.—The Congress finds the fol- annual appropriations. TION ACT OF 2000 lowing: (15) There is a need to build new, and (1) The National Forest System, which is man- strengthen existing, relationships and to im- Mr. GOODLATTE. Mr. Speaker, I aged by the United States Forest Service, was prove management of public lands and waters. move to suspend the rules and concur established in 1907 and has grown to include ap- (b) PURPOSES.—The purposes of this Act are in the Senate amendment to the bill proximately 192,000,000 acres of Federal lands. as follows:

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00101 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.106 pfrm01 PsN: H10PT1 H9608 CONGRESSIONAL RECORD — HOUSE October 10, 2000 (1) To stabilize payments to counties to pro- Reconciliation Act of 1993 (Public Law 103–66; 23, 1908 (16 U.S.C. 500), and section 13 of the Act vide funding for schools and roads that supple- 16 U.S.C. 500 note; 43 U.S.C. 1181f note). of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). ments other available funds. SEC. 4. CONFORMING AMENDMENT. (2) EXPENDITURE PURPOSES.—Subject to sub- (2) To make additional investments in, and Section 6903(a)(1)(C) of title 31, United States section (d), payments received by a State under create additional employment opportunities Code, is amended by inserting after ‘‘(16 U.S.C. subsection (a) and distributed to eligible coun- through, projects that improve the maintenance 500)’’ the following: ‘‘or the Secure Rural ties shall be expended as required by the laws of existing infrastructure, implement steward- Schools and Community Self-Determination Act referred to in paragraph (1). ship objectives that enhance forest ecosystems, of 2000’’. (d) EXPENDITURE RULES FOR ELIGIBLE COUN- and restore and improve land health and water TIES.— TITLE I—SECURE PAYMENTS FOR STATES quality. Such projects shall enjoy broad-based (1) ALLOCATIONS.— AND COUNTIES CONTAINING FEDERAL support with objectives that may include, but (A) USE OF PORTION IN SAME MANNER AS 25- LANDS are not limited to— PERCENT PAYMENTS.—If an eligible county elects (A) road, trail, and infrastructure mainte- SEC. 101. DETERMINATION OF FULL PAYMENT to receive its share of the full payment amount, nance or obliteration; AMOUNT FOR ELIGIBLE STATES AND not less than 80 percent, but not more than 85 COUNTIES. (B) soil productivity improvement; percent, of the funds shall be expended in the (a) CALCULATION REQUIRED.— (C) improvements in forest ecosystem health; same manner in which the 25-percent payments (1) ELIGIBLE STATES.—For fiscal years 2001 (D) watershed restoration and maintenance; are required to be expended. through 2006, the Secretary of the Treasury (E) restoration, maintenance and improvement (B) ELECTION AS TO USE OF BALANCE.—An eli- shall calculate for each eligible State that re- of wildlife and fish habitat; gible county shall elect to do one or more of the ceived a 25-percent payment during the eligi- (F) control of noxious and exotic weeds; and following with the balance of the funds not ex- bility period an amount equal to the average of (G) reestablishment of native species. pended pursuant to subparagraph (A): the three highest 25-percent payments and safe- (3) To improve cooperative relationships (i) Reserve the balance for projects in accord- ty net payments made to that eligible State for among the people that use and care for Federal ance with title II. the fiscal years of the eligibility period. lands and the agencies that manage these lands. (ii) Reserve the balance for projects in accord- (2) BUREAU OF LAND MANAGEMENT COUN- SEC. 3. DEFINITIONS. ance with title III. TIES.—For fiscal years 2001 through 2006, the (iii) Return the balance to the General Treas- In this Act: Secretary of the Treasury shall calculate for ury in accordance with section 402(b). (1) FEDERAL LANDS.—The term ‘‘Federal each eligible county that received a 50-percent (2) DISTRIBUTION OF FUNDS.— lands’’ means— payment during the eligibility period an amount (A) TREATMENT OF TITLE II FUNDS.—Funds re- (A) lands within the National Forest System, equal to the average of the three highest 50-per- served by an eligible county under paragraph as defined in section 11(a) of the Forest and cent payments and safety net payments made to (1)(B)(i) shall be deposited in a special account Rangeland Renewable Resources Planning Act that eligible county for the fiscal years of the in the Treasury of the United States and shall of 1974 (16 U.S.C. 1609(a)) exclusive of the Na- eligibility period. be available for expenditure by the Secretary of tional Grasslands and land utilization projects (b) ANNUAL ADJUSTMENT.—For each fiscal Agriculture, without further appropriation, and designated as National Grasslands administered year in which payments are required to be made shall remain available until expended in accord- pursuant to the Act of July 22, 1937 (7 U.S.C. to eligible States and eligible counties under this ance with title II. 1010–1012); and title, the Secretary of the Treasury shall adjust (B) TREATMENT OF TITLE III FUNDS.—Funds (B) such portions of the revested Oregon and the full payment amount for the previous fiscal reserved by an eligible county under paragraph California Railroad and reconveyed Coos Bay year for each eligible State and eligible county (1)(B)(ii) shall be available for expenditure by Wagon Road grant lands as are or may here- to reflect 50 percent of the changes in the con- the county and shall remain available, until ex- after come under the jurisdiction of the Depart- sumer price index for rural areas (as published pended, in accordance with title III. ment of the Interior, which have heretofore or in the Bureau of Labor Statistics) that occur (3) ELECTION.— may hereafter be classified as timberlands, and after publication of that index for fiscal year (A) IN GENERAL.—An eligible county shall no- power-site lands valuable for timber, that shall 2000. tify the Secretary of Agriculture of its election be managed, except as provided in the former SEC. 102. PAYMENTS TO STATES FROM NATIONAL under this subsection not later than September section 3 of the Act of August 28, 1937 (50 Stat. FOREST SYSTEM LANDS FOR USE BY 30 of each fiscal year. If the eligible county fails 875; 43 U.S.C. 1181c), for permanent forest pro- COUNTIES TO BENEFIT PUBLIC EDU- to make an election by that date, the county is duction. CATION AND TRANSPORTATION. deemed to have elected to expend 85 percent of (2) ELIGIBILITY PERIOD.—The term ‘‘eligibility (a) PAYMENT AMOUNTS.—The Secretary of the the funds to be received under this section in the period’’ means fiscal year 1986 through fiscal Treasury shall pay an eligible State the sum of same manner in which the 25-percent payments year 1999. the amounts elected under subsection (b) by are required to be expended, and shall remit the (3) ELIGIBLE COUNTY.—The term ‘‘eligible each eligible county for either— balance to the Treasury of the United States in county’’ means a county that received 50-per- (1) the 25-percent payment under the Act of accordance with section 402(b). cent payments for one or more fiscal years of the May 23, 1908 (16 U.S.C. 500), and section 13 of (B) COUNTIES WITH MINOR DISTRIBUTIONS.— eligibility period or a county that received a the Act of March 1, 1911 (16 U.S.C. 500); or Notwithstanding any adjustment made pursu- portion of an eligible State’s 25-percent pay- (2) the full payment amount in place of the 25- ant to section 101(b) in the case of each eligible ments for one or more fiscal years of the eligi- percent payment. county to which less than $100,000 is distributed bility period. The term includes a county estab- (b) ELECTION TO RECEIVE PAYMENT for any fiscal year pursuant to subsection (c)(1), lished after the date of the enactment of this Act AMOUNT.— the eligible county may elect to expend all such so long as the county includes all or a portion (1) ELECTION; SUBMISSION OF RESULTS.—The funds in accordance with subsection (c)(2). of a county described in the preceding sentence. election to receive either the full payment (e) TIME FOR PAYMENT.—The payment to an (4) ELIGIBLE STATE.—The term ‘‘eligible State’’ amount or the 25-percent payment shall be made eligible State under this section for a fiscal year means a State that received 25-percent payments at the discretion of each affected county and shall be made as soon as practicable after the for one or more fiscal years of the eligibility pe- transmitted to the Secretary by the Governor of end of that fiscal year. riod. a State. SEC. 103. PAYMENTS TO COUNTIES FROM BUREAU ULL PAYMENT AMOUNT (5) F .—The term ‘‘full (2) DURATION OF ELECTION.—A county elec- OF LAND MANAGEMENT LANDS FOR payment amount’’ means the amount calculated tion to receive the 25-percent payment shall be USE TO BENEFIT PUBLIC SAFETY, for each eligible State and eligible county under effective for two fiscal years. When a county LAW ENFORCEMENT, EDUCATION, section 101. elects to receive the full payment amount, such AND OTHER PUBLIC PURPOSES. (6) 25-PERCENT PAYMENT.—The term ‘‘25-per- election shall be effective for all the subsequent (a) PAYMENT.—The Secretary of the Treasury cent payment’’ means the payment to States re- fiscal years through fiscal year 2006. shall pay an eligible county either— quired by the sixth paragraph under the head- (3) SOURCE OF PAYMENT AMOUNTS.—The pay- (1) the 50-percent payment under the Act of ing of ‘‘FOREST SERVICE’’ in the Act of May ment to an eligible State under this section for August 28, 1937 (43 U.S.C. 1181f), or the Act of 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section a fiscal year shall be derived from any revenues, May 24, 1939 (43 U.S.C. 1181f–1) as appropriate; 13 of the Act of March 1, 1911 (36 Stat. 963; 16 fees, penalties, or miscellaneous receipts, exclu- or U.S.C. 500). sive of deposits to any relevant trust fund, or (2) the full payment amount in place of the 50- (7) 50-PERCENT PAYMENT.—The term ‘‘50-per- special accounts, received by the Federal Gov- percent payment. cent payment’’ means the payment that is the ernment from activities by the Forest Service on (b) ELECTION TO RECEIVE FULL PAYMENT sum of the 50-percent share otherwise paid to a the Federal lands described in section 3(1)(A) AMOUNT.— county pursuant to title II of the Act of August and to the extent of any shortfall, out of any (1) ELECTION; DURATION.—The election to re- 28, 1937 (chapter 876; 50 Stat. 875; 43 U.S.C. funds in the Treasury not otherwise appro- ceive the full payment amount shall be made at 1181f), and the payment made to a county pur- priated. the discretion of the county. Once the election is suant to the Act of May 24, 1939 (chapter 144; 53 (c) DISTRIBUTION AND EXPENDITURE OF PAY- made, it shall be effective for the fiscal year in Stat. 753; 43 U.S.C. 1181f–1 et seq.). MENTS.— which the election is made and all subsequent (8) SAFETY NET PAYMENTS.—The term ‘‘safety (1) DISTRIBUTION METHOD.—A State that re- fiscal years through fiscal year 2006. net payments’’ means the special payment ceives a payment under subsection (a) shall dis- (2) SOURCE OF PAYMENT AMOUNTS.—The pay- amounts paid to States and counties required by tribute the payment among all eligible counties ment to an eligible county under this section for section 13982 or 13983 of the Omnibus Budget in the State in accordance with the Act of May a fiscal year shall be derived from any revenues,

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00102 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.101 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9609 fees, penalties, or miscellaneous receipts, exclu- ice for units of the National Forest System pur- jobs programs such as the Youth Conservation sive of deposits to any relevant trust fund, or suant to section 6 of the Forest and Rangeland Corps where appropriate; and whether the permanent operating funds, received by the Fed- Renewable Resources Planning Act of 1974 (16 project improved the use of, or added value to, eral Government from activities by the Bureau U.S.C. 1604). any products removed from lands consistent of Land Management on the Federal lands de- (5) SECRETARY CONCERNED.—The term ‘‘Sec- with the purposes of this Act. scribed in section 3(1)(B) and to the extent of retary concerned’’ means— (7) An assessment that the project is to be in any shortfall, out of any funds in the Treasury (A) the Secretary of Agriculture or the des- the public interest. not otherwise appropriated. ignee of the Secretary of Agriculture with re- (c) AUTHORIZED PROJECTS.—Projects proposed (c) EXPENDITURE RULES FOR ELIGIBLE COUN- spect to the Federal lands described in section under subsection (a) shall be consistent with TIES.— 3(1)(A); and section 2(b). (1) ALLOCATIONS.— (B) the Secretary of the Interior or the des- SEC. 204. EVALUATION AND APPROVAL OF (A) USE OF PORTION IN SAME MANNER AS 50- ignee of the Secretary of the Interior with re- PROJECTS BY SECRETARY CON- PERCENT PAYMENTS.—Of the funds to be paid to spect to the Federal lands described in section CERNED. an eligible county pursuant to subsection (a)(2), 3(1)(B). (a) CONDITIONS FOR APPROVAL OF PROPOSED not less than 80 percent, but not more than 85 SEC. 202. GENERAL LIMITATION ON USE OF PROJECT.—The Secretary concerned may make a percent, of the funds distributed to the eligible PROJECT FUNDS. decision to approve a project submitted by a re- county shall be expended in the same manner in Project funds shall be expended solely on source advisory committee under section 203 which the 50-percent payments are required to projects that meet the requirements of this title. only if the proposed project satisfies each of the be expended. Project funds may be used by the Secretary con- following conditions: (B) ELECTION AS TO USE OF BALANCE.—An eli- cerned for the purpose of entering into and im- (1) The project complies with all applicable gible county shall elect to do one or more of the plementing cooperative agreements with willing Federal laws and regulations. following with the balance of the funds not ex- Federal agencies, State and local governments, (2) The project is consistent with the applica- pended pursuant to subparagraph (A): private and nonprofit entities, and landowners ble resource management plan and with any (i) Reserve the balance for projects in accord- for protection, restoration and enhancement of watershed or subsequent plan developed pursu- ance with title II. fish and wildlife habitat, and other resource ob- ant to the resource management plan and ap- (ii) Reserve the balance for projects in accord- jectives consistent with the purposes of this title proved by the Secretary concerned. ance with title III. on Federal land and on non-Federal land where (3) The project has been approved by the re- (iii) Return the balance to the General Treas- projects would benefit these resources on Fed- source advisory committee in accordance with ury in accordance with section 402(b). eral land. section 205, including the procedures issued (2) DISTRIBUTION OF FUNDS.— under subsection (e) of such section. SEC. 203. SUBMISSION OF PROJECT PROPOSALS. (A) TREATMENT OF TITLE II FUNDS.—Funds re- (4) A project description has been submitted (a) SUBMISSION OF PROJECT PROPOSALS TO served by an eligible county under paragraph by the resource advisory committee to the Sec- SECRETARY CONCERNED.— (1)(B)(i) shall be deposited in a special account retary concerned in accordance with section 203. (1) PROJECTS FUNDED USING PROJECT FUNDS.— in the Treasury of the United States and shall (5) The project will improve the maintenance Not later than September 30 for fiscal year 2001, be available for expenditure by the Secretary of of existing infrastructure, implement steward- and each September 30 thereafter for each suc- the Interior, without further appropriation, and ship objectives that enhance forest ecosystems, ceeding fiscal year through fiscal year 2006, shall remain available until expended in accord- and restore and improve land health and water each resource advisory committee shall submit to ance with title II. quality. the Secretary concerned a description of any (B) TREATMENT OF TITLE III FUNDS.—Funds (b) ENVIRONMENTAL REVIEWS.— projects that the resource advisory committee reserved by an eligible county under paragraph (1) PAYMENT OF REVIEW COSTS.— proposes the Secretary undertake using any (1)(B)(ii) shall be available for expenditure by (A) REQUEST FOR PAYMENT BY COUNTY.—The project funds reserved by eligible counties in the the county and shall remain available, until ex- Secretary concerned may request the resource area in which the resource advisory committee pended, in accordance with title III. advisory committee submitting a proposed has geographic jurisdiction. (3) ELECTION.—An eligible county shall notify project to agree to the use of project funds to (2) PROJECTS FUNDED USING OTHER FUNDS.—A the Secretary of the Interior of its election under pay for any environmental review, consultation, resource advisory committee may submit to the this subsection not later than September 30 of or compliance with applicable environmental Secretary concerned a description of any each fiscal year. If the eligible county fails to laws required in connection with the project. projects that the committee proposes the Sec- make an election by that date, the county is When such a payment is requested and the re- retary undertake using funds from State or local deemed to have elected to expend 85 percent of source advisory committee agrees to the expendi- governments, or from the private sector, other the funds received under subsection (a)(2) in the ture of funds for this purpose, the Secretary than project funds and funds appropriated and same manner in which the 50-percent payments concerned shall conduct environmental review, otherwise available to do similar work. are required to be expended and shall remit the consultation, or other compliance responsibil- (3) JOINT PROJECTS.—Participating counties or balance to the Treasury of the United States in ities in accordance with Federal law and regula- other persons may propose to pool project funds accordance with section 402(b). tions. or other funds, described in paragraph (2), and (d) TIME FOR PAYMENT.—The payment to an (B) EFFECT OF REFUSAL TO PAY.—If a resource jointly propose a project or group of projects to eligible county under this section for a fiscal advisory committee does not agree to the ex- a resource advisory committee established under year shall be made as soon as practicable after penditure of funds under subparagraph (A), the section 205. the end of that fiscal year. project shall be deemed withdrawn from further (b) REQUIRED DESCRIPTION OF PROJECTS.—In consideration by the Secretary concerned pursu- TITLE II—SPECIAL PROJECTS ON submitting proposed projects to the Secretary ant to this title. Such a withdrawal shall be FEDERAL LANDS concerned under subsection (a), a resource advi- deemed to be a rejection of the project for pur- SEC. 201. DEFINITIONS. sory committee shall include in the description poses of section 207(c). In this title: of each proposed project the following informa- (c) DECISIONS OF SECRETARY CONCERNED.— (1) PARTICIPATING COUNTY.—The term ‘‘par- tion: (1) REJECTION OF PROJECTS.—A decision by the ticipating county’’ means an eligible county (1) The purpose of the project and a descrip- Secretary concerned to reject a proposed project that elects under section 102(d)(1)(B)(i) or tion of how the project will meet the purposes of shall be at the Secretary’s sole discretion. Not- 103(c)(1)(B)(i) to expend a portion of the Federal this Act. withstanding any other provision of law, a deci- funds received under section 102 or 103 in ac- (2) The anticipated duration of the project. sion by the Secretary concerned to reject a pro- cordance with this title. (3) The anticipated cost of the project. posed project shall not be subject to administra- (2) PROJECT FUNDS.—The term ‘‘project (4) The proposed source of funding for the tive appeal or judicial review. Within 30 days funds’’ means all funds an eligible county elects project, whether project funds or other funds. after making the rejection decision, the Sec- under sections 102(d)(1)(B)(i) and 103(c)(1)(B)(i) (5) Expected outcomes, including how the retary concerned shall notify in writing the re- to reserve for expenditure in accordance with project will meet or exceed desired ecological source advisory committee that submitted the this title. conditions, maintenance objectives, or steward- proposed project of the rejection and the reasons (3) RESOURCE ADVISORY COMMITTEE.—The ship objectives, as well as an estimation of the for rejection. term ‘‘resource advisory committee’’ means an amount of any timber, forage, and other com- (2) NOTICE OF PROJECT APPROVAL.—The Sec- advisory committee established by the Secretary modities and other economic activity, including retary concerned shall publish in the Federal concerned under section 205, or determined by jobs generated, if any, anticipated as part of the Register notice of each project approved under the Secretary concerned to meet the require- project. subsection (a) if such notice would be required ments of section 205. (6) A detailed monitoring plan, including had the project originated with the Secretary. (4) RESOURCE MANAGEMENT PLAN.—The term funding needs and sources, that tracks and (d) SOURCE AND CONDUCT OF PROJECT.—Once ‘‘resource management plan’’ means a land use identifies the positive or negative impacts of the the Secretary concerned accepts a project for re- plan prepared by the Bureau of Land Manage- project, implementation, and provides for vali- view under section 203, it shall be deemed a Fed- ment for units of the Federal lands described in dation monitoring. The monitoring plan shall eral action for all purposes. section 3(1)(B) pursuant to section 202 of the include an assessment of the following: Whether (e) IMPLEMENTATION OF APPROVED Federal Land Policy and Management Act of or not the project met or exceeded desired eco- PROJECTS.— 1976 (43 U.S.C. 1712) or a land and resource logical conditions; created local employment or (1) COOPERATION.—Notwithstanding chapter management plan prepared by the Forest Serv- training opportunities, including summer youth 63 of title 31, United States Code, using project

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00103 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.101 pfrm01 PsN: H10PT1 H9610 CONGRESSIONAL RECORD — HOUSE October 10, 2000 funds the Secretary concerned may enter into relationships and to provide advice and rec- (C) 5 persons who— contracts, grants, and cooperative agreements ommendations to the land management agencies (i) hold State elected office or their designee; with States and local governments, private and consistent with the purposes of this Act. (ii) hold county or local elected office; nonprofit entities, and landowners and other (3) ACCESS TO RESOURCE ADVISORY COMMIT- (iii) represent American Indian tribes within persons to assist the Secretary in carrying out TEES.—To ensure that each unit of Federal land or adjacent to the area for which the committee an approved project. has access to a resource advisory committee, and is organized; (2) BEST VALUE CONTRACTING.—For any that there is sufficient interest in participation (iv) are school officials or teachers; or project involving a contract authorized by para- on a committee to ensure that membership can (v) represent the affected public at large. graph (1) the Secretary concerned may elect a be balanced in terms of the points of view rep- (3) BALANCED REPRESENTATION.—In appoint- source for performance of the contract on a best resented and the functions to be performed, the ing committee members from the three categories value basis. The Secretary concerned shall de- Secretary concerned may, establish resource ad- in paragraph (2), the Secretary concerned shall termine best value based on such factors as: visory committees for part of, or one or more, provide for balanced and broad representation (A) The technical demands and complexity of units of Federal lands. from within each category. the work to be done. (4) EXISTING ADVISORY COMMITTEES.—Existing (4) GEOGRAPHIC DISTRIBUTION.—The members (B) The ecological objectives of the project advisory committees meeting the requirements of of a resource advisory committee shall reside and the sensitivity of the resources being treat- this section may be deemed by the Secretary within the State in which the committee has ju- ed. concerned, as a resource advisory committee for risdiction and, to extent practicable, the Sec- (C) The past experience by the contractor with the purposes of this title. The Secretary of the retary concerned shall ensure local representa- the type of work being done, using the type of Interior may deem a resource advisory com- tion in each category in paragraph (2). equipment proposed for the project, and meeting mittee meeting the requirements of subpart 1784 (5) CHAIRPERSON.—A majority on each re- or exceeding desired ecological conditions. of part 1780 of title 43, Code of Federal Regula- source advisory committee shall select the chair- (D) The commitment of the contractor to hir- tions, as a resource advisory committee for the person of the committee. ing highly qualified workers and local residents. purposes of this title. (e) APPROVAL PROCEDURES.—(1) Subject to (3) MERCHANTABLE MATERIAL CONTRACTING (b) DUTIES.—A resource advisory committee paragraph (2), each resource advisory committee PILOT PROGRAM.— shall— shall establish procedures for proposing projects (A) ESTABLISHMENT.—The Secretary con- (1) review projects proposed under this title by to the Secretary concerned under this title. A cerned shall establish a pilot program to imple- participating counties and other persons; quorum must be present to constitute an official ment a certain percentage of approved projects (2) propose projects and funding to the Sec- meeting of the committee. involving the sale of merchantable material retary concerned under section 203; (2) A project may be proposed by a resource using separate contracts for— (3) provide early and continuous coordination advisory committee to the Secretary concerned (i) the harvesting or collection of merchant- with appropriate land management agency offi- under section 203(a), if it has been approved by able material; and cials in recommending projects consistent with a majority of members of the committee from (ii) the sale of such material. purposes of this Act under this title; and each of the three categories in subsection (d)(2). (B) ANNUAL PERCENTAGES.—Under the pilot (4) provide frequent opportunities for citizens, (f) OTHER COMMITTEE AUTHORITIES AND RE- program, the Secretary concerned shall ensure organizations, tribes, land management agen- QUIREMENTS.— that, on a nationwide basis, not less than the cies, and other interested parties to participate (1) STAFF ASSISTANCE.—A resource advisory following percentage of all approved projects in- openly and meaningfully, beginning at the early committee may submit to the Secretary con- volving the sale of merchantable material are stages of the project development process under cerned a request for periodic staff assistance implemented using separate contracts: this title. from Federal employees under the jurisdiction of (i) For fiscal year 2001, 15 percent. (c) APPOINTMENT BY THE SECRETARY.— the Secretary. (ii) For fiscal year 2002, 25 percent. (1) APPOINTMENT AND TERM.—The Secretary (2) MEETINGS.—All meetings of a resource ad- (iii) For fiscal year 2003, 25 percent. concerned, shall appoint the members of re- visory committee shall be announced at least (iv) For fiscal year 2004, 50 percent. source advisory committees for a term of 3 years one week in advance in a local newspaper of (v) For fiscal year 2005, 50 percent. beginning on the date of appointment. The Sec- record and shall be open to the public. (vi) For fiscal year 2006, 50 percent. retary concerned may reappoint members to sub- (3) RECORDS.—A resource advisory committee (C) INCLUSION IN PILOT PROGRAM.—The deci- sequent 3-year terms. shall maintain records of the meetings of the sion whether to use separate contracts to imple- (2) BASIC REQUIREMENTS.—The Secretary con- committee and make the records available for ment a project involving the sale of merchant- cerned shall ensure that each resource advisory public inspection. committee established meets the requirements of able material shall be made by the Secretary SEC. 206. USE OF PROJECT FUNDS. subsection (d). concerned after the approval of the project (a) AGREEMENT REGARDING SCHEDULE AND under this title. (3) INITIAL APPOINTMENT.—The Secretary con- cerned shall make initial appointments to the re- COST OF PROJECT.— (D) ASSISTANCE.—The Secretary concerned (1) AGREEMENT BETWEEN PARTIES.—The Sec- may use funds from any appropriated account source advisory committees not later than 180 days after the date of the enactment of this Act. retary concerned may carry out a project sub- available to the Secretary for the Federal lands mitted by a resource advisory committee under (4) VACANCIES.—The Secretary concerned to assist in the administration of projects con- section 203(a) using project funds or other funds ducted under the pilot program. The total shall make appointments to fill vacancies on any resource advisory committee as soon as described in section 203(a)(2), if, as soon as amount obligated under this subparagraph may practicable after the issuance of a decision doc- not exceed $1,000,000 for any fiscal year during practicable after the vacancy has occurred. (5) COMPENSATION.—Members of the resource ument for the project and the exhaustion of all which the pilot program is in effect. administrative appeals and judicial review of (E) REVIEW AND REPORT.—Not later than Sep- advisory committees shall not receive any com- pensation. the project decision, the Secretary concerned tember 30, 2003, the Comptroller General shall and the resource advisory committee enter into submit to the Committee on Agriculture, Nutri- (d) COMPOSITION OF ADVISORY COMMITTEE.— (1) NUMBER.—Each resource advisory com- an agreement addressing, at a minimum, the fol- tion, and Forestry of the Senate, the Committee lowing: on Energy and Natural Resources of the Senate, mittee shall be comprised of 15 members. (2) COMMUNITY INTERESTS REPRESENTED.— (A) The schedule for completing the project. the Committee on Agriculture of the House of Committee members shall be representative of (B) The total cost of the project, including the Representatives, and the Committee on Re- the interests of the following three categories: level of agency overhead to be assessed against sources of the House of Representatives a report (A) 5 persons who— the project. assessing the pilot program. The Secretary con- (i) represent organized labor; (C) For a multiyear project, the estimated cost cerned shall submit to such committees an an- (ii) represent developed outdoor recreation, off of the project for each of the fiscal years in nual report describing the results of the pilot highway vehicle users, or commercial recreation which it will be carried out. program. activities; (D) The remedies for failure of the Secretary (f) REQUIREMENTS FOR PROJECT FUNDS.—The (iii) represent energy and mineral development concerned to comply with the terms of the agree- Secretary shall ensure that at least 50 percent of interests; ment consistent with current Federal law. all project funds be used for projects that are (iv) represent the commercial timber industry; (2) LIMITED USE OF FEDERAL FUNDS.—The Sec- primarily dedicated— or retary concerned may decide, at the Secretary’s (1) to road maintenance, decommissioning, or (v) hold Federal grazing permits, or other land sole discretion, to cover the costs of a portion of obliteration; or use permits within the area for which the com- an approved project using Federal funds appro- (2) to restoration of streams and watersheds. mittee is organized. priated or otherwise available to the Secretary SEC. 205. RESOURCE ADVISORY COMMITTEES. (B) 5 persons representing— for the same purposes as the project. (a) ESTABLISHMENT AND PURPOSE OF RE- (i) nationally recognized environmental orga- (b) TRANSFER OF PROJECT FUNDS.— SOURCE ADVISORY COMMITTEES.— nizations; (1) INITIAL TRANSFER REQUIRED.—As soon as (1) ESTABLISHMENT.—The Secretary concerned (ii) regionally or locally recognized environ- practicable after the agreement is reached under shall establish and maintain resource advisory mental organizations; subsection (a) with regard to a project to be committees to perform the duties in subsection (iii) dispersed recreational activities; funded in whole or in part using project funds, (b), except as provided in paragraph (4). (iv) archaeological and historical interests; or or other funds described in section 203(a)(2), the (2) PURPOSE.—The purpose of a resource advi- (v) nationally or regionally recognized wild Secretary concerned shall transfer to the appli- sory committee shall be to improve collaborative horse and burro interest groups. cable unit of National Forest System lands or

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00104 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.101 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9611 BLM District an amount of project funds equal SEC. 302. USE OF COUNTY FUNDS. 103–66; 16 U.S.C. 500 note; 43 U.S.C. 1181f note) to— (a) LIMITATION ON COUNTY FUND USE.—Coun- are repealed. (A) in the case of a project to be completed in ty funds shall be expended solely on projects TITLE V—MINERAL REVENUE PAYMENTS a single fiscal year, the total amount specified that meet the requirements of this title. A CLARIFICATION in the agreement to be paid using project funds, project under this title shall be approved by the or other funds described in section 203(a)(2); or participating county only following a 45-day SEC. 501. SHORT TITLE. (B) in the case of a multiyear project, the public comment period, at the beginning of This title may be cited as the ‘‘Mineral Rev- amount specified in the agreement to be paid which the county shall— enue Payments Clarification Act of 2000’’. using project funds, or other funds described in (1) publish a description of the proposed SEC. 502. FINDINGS. section 203(a)(2) for the first fiscal year. project in the publications of local record; and The Congress finds the following: (2) CONDITION ON PROJECT COMMENCEMENT.— (2) send the proposed project to the appro- (1) Section 10201 of the Omnibus Budget Rec- The unit of National Forest System lands or priate resource advisory committee established onciliation Act of 1993 (Public Law 103–66; 107 BLM District concerned, shall not commence a under section 205, if one exists for the county. Stat. 407) amended section 35 of the Mineral project until the project funds, or other funds (b) AUTHORIZED USES.— Leasing Act (30 U.S.C. 191) to change the shar- described in section 203(a)(2) required to be (1) SEARCH, RESCUE, AND EMERGENCY SERV- ing of onshore mineral revenues and revenues transferred under paragraph (1) for the project, ICES.—An eligible county or applicable sheriff’s from geothermal steam from a 50:50 split be- have been made available by the Secretary con- department may use these funds as reimburse- tween the Federal Government and the States to cerned. ment for search and rescue and other emergency a complicated formula that entailed deducting (3) SUBSEQUENT TRANSFERS FOR MULTIYEAR services, including fire fighting, performed on from the State share of leasing revenues ‘‘50 per- PROJECTS.—For the second and subsequent fis- Federal lands and paid for by the county. cent of the portion of the enacted appropria- cal years of a multiyear project to be funded in (2) COMMUNITY SERVICE WORK CAMPS.—An eli- tions of the Department of the Interior and any whole or in part using project funds, the unit of gible county may use these funds as reimburse- other agency during the preceding fiscal year National Forest System lands or BLM District ment for all or part of the costs incurred by the allocable to the administration of all laws pro- concerned shall use the amount of project funds county to pay the salaries and benefits of coun- viding for the leasing of any onshore lands or required to continue the project in that fiscal ty employees who supervise adults or juveniles interest in land owned by the United States for year according to the agreement entered into performing mandatory community service on the production of the same types of minerals under subsection (a). The Secretary concerned Federal lands. leasable under this Act or of geothermal steam, shall suspend work on the project if the project (3) EASEMENT PURCHASES.—An eligible county and to enforcement of such laws . . .’’. funds required by the agreement in the second may use these funds to acquire— (2) There is no legislative record to suggest a and subsequent fiscal years are not available. (A) easements, on a willing seller basis, to pro- sound public policy rationale for deducting SEC. 207. AVAILABILITY OF PROJECT FUNDS. vide for nonmotorized access to public lands for prior-year administrative expenses from the (a) SUBMISSION OF PROPOSED PROJECTS TO hunting, fishing, and other recreational pur- sharing of current-year receipts, indicating that OBLIGATE FUNDS.—By September 30 of each fis- poses; this change was made primarily for budget scor- cal year through fiscal year 2006, a resource ad- (B) conservation easements; or ing reasons. (C) both. visory committee shall submit to the Secretary (3) The system put in place by this change in (4) FOREST RELATED EDUCATIONAL OPPORTUNI- concerned pursuant to section 203(a)(1) a suffi- law has proved difficult to administer and has TIES.—A county may use these funds to estab- cient number of project proposals that, if ap- given rise to disputes between the Federal Gov- lish and conduct forest-related after school pro- proved, would result in the obligation of at least ernment and the States as to the nature of allo- the full amount of the project funds reserved by grams. (5) FIRE PREVENTION AND COUNTY PLANNING.— cable expenses. Federal accounting systems have the participating county in the preceding fiscal A county may use these funds for— proven to be poorly suited to breaking down ad- year. (A) efforts to educate homeowners in fire-sen- ministrative costs in the manner required by the (b) USE OR TRANSFER OF UNOBLIGATED sitive ecosystems about the consequences of law. Different Federal agencies implementing FUNDS.—Subject to section 208, if a resource ad- wildfires and techniques in home siting, home this law have used varying methodologies to visory committee fails to comply with subsection identify allocable costs, resulting in an inequi- (a) for a fiscal year, any project funds reserved construction, and home landscaping that can increase the protection of people and property table distribution of costs during fiscal years by the participating county in the preceding fis- 1994 through 1996. In November 1997, the Inspec- cal year and remaining unobligated shall be from wildfires; and (B) planning efforts to reduce or mitigate the tor General of the Department of the Interior available for use as part of the project submis- impact of development on adjacent Federal found that ‘‘the congressionally approved meth- sions in the next fiscal year. lands and to increase the protection of people od for cost sharing deductions effective in fiscal (c) EFFECT OF REJECTION OF PROJECTS.—Sub- year 1997 may not accurately compute the de- ject to section 208, any project funds reserved by and property from wildfires. (6) COMMUNITY FORESTRY.—A county may use ductions’’. a participating county in the preceding fiscal these funds towards non-Federal cost-share re- (4) Given the lack of a substantive rationale year that are unobligated at the end of a fiscal quirements of section 9 of the Cooperative For- for the 1993 change in law and the complexity year because the Secretary concerned has re- estry Assistance Act of 1978 (16 U.S.C. 2105). and administrative burden involved, a return to jected one or more proposed projects shall be the sharing formula prior to the enactment of available for use as part of the project submis- SEC. 303. TERMINATION OF AUTHORITY. The authority to initiate projects under this the Omnibus Budget Reconciliation Act of 1993 sions in the next fiscal year. is justified. (d) EFFECT OF COURT ORDERS.—If an ap- title shall terminate on September 30, 2006. Any proved project under this Act is enjoined or pro- county funds not obligated by September 30, SEC. 503. AMENDMENT OF THE MINERAL LEASING ACT. hibited by a Federal court, the Secretary con- 2007 shall be available to be expended by the Section 35(b) of the Mineral Leasing Act (30 cerned shall return the unobligated project county for the uses identified in section 302(b). U.S.C. 191(b)) is amended to read as follows: funds related to that project to the participating TITLE IV—MISCELLANEOUS PROVISIONS ‘‘(b) In determining the amount of payments county or counties that reserved the funds. The SEC. 401. AUTHORIZATION OF APPROPRIATIONS. to the States under this section, the amount of returned funds shall be available for the county There are hereby authorized to be appro- such payments shall not be reduced by any ad- to expend in the same manner as the funds re- priated such sums as may be necessary to carry ministrative or other costs incurred by the served by the county under section out this Act for fiscal years 2001 through 2006. United States.’’. 102(d)(1)(B)(i) or 103(c)(1)(B)(i), whichever ap- SEC. 402. TREATMENT OF FUNDS AND REVENUES. plies to the funds involved. (a) RELATION TO OTHER APPROPRIATIONS.— TITLE VI—COMMUNITY FOREST SEC. 208. TERMINATION OF AUTHORITY. Funds appropriated pursuant to the authoriza- RESTORATION The authority to initiate projects under this tion of appropriations in section 401 and funds SEC. 601. SHORT TITLE. title shall terminate on September 30, 2006. Any made available to a Secretary concerned under This title may be cited as the ‘‘Community project funds not obligated by September 30, section 206 shall be in addition to any other an- Forest Restoration Act’’. 2007, shall be deposited in the Treasury of the nual appropriations for the Forest Service and SEC. 602. FINDINGS. United States. the Bureau of Land Management. The Congress finds the following: TITLE III—COUNTY PROJECTS (b) DEPOSIT OF REVENUES AND OTHER (1) A century of fire suppression, logging, and SEC. 301. DEFINITIONS. FUNDS.—All revenues generated from projects livestock grazing has altered the ecological bal- In this title: pursuant to title II, any funds remitted by coun- ance of New Mexico’s forests. (1) PARTICIPATING COUNTY.—The term ‘‘par- ties pursuant to section 102(d)(1)(B)(iii) or sec- (2) Some forest lands in New Mexico contain ticipating county’’ means an eligible county tion 103(c)(1)(B)(iii), and any interest accrued an unnaturally high number of small diameter that elects under section 102(d)(1)(B)(ii) or from such funds shall be deposited in the Treas- trees that are subject to large, high intensity 103(c)(1)(B)(ii) to expend a portion of the Fed- ury of the United States. wildfires that can endanger human lives, liveli- eral funds received under section 102 or 103 in SEC. 403. REGULATIONS. hoods, and ecological stability. accordance with this title. The Secretaries concerned may jointly issue (3) Forest lands that contain an unnaturally (2) COUNTY FUNDS.—The term ‘‘county funds’’ regulations to carry out the purposes of this high number of small diameter trees have re- means all funds an eligible county elects under Act. duced biodiversity and provide fewer benefits to sections 102(d)(1)(B)(ii) and 103(c)(1)(B)(ii) to SEC. 404. CONFORMING AMENDMENTS. human communities, wildlife, and watersheds. reserve for expenditure in accordance with this Sections 13982 and 13983 of the Omnibus (4) Healthy and productive watersheds mini- title. Budget Reconciliation Act of 1993 (Public Law mize the threat of large, high intensity wildfires,

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00105 Fmt 4634 Sfmt 6333 E:\CR\FM\A10OC7.101 pfrm01 PsN: H10PT1 H9612 CONGRESSIONAL RECORD — HOUSE October 10, 2000 provide abundant and diverse wildlife habitat, (3) include a diverse and balanced group of There was no objection. and produce a variety of timber and non-timber stakeholders as well as appropriate Federal, Mr. GOODLATTE. Mr. Speaker, I products including better quality water and in- Tribal, State, County, and Municipal govern- yield myself such time as I may con- creased water flows. ment representatives in the design, implementa- sume. (5) Restoration efforts are more successful tion, and monitoring of the project; Mr. Speaker, I rise in strong support when there is involvement from neighboring (4) incorporate current scientific forest res- of H.R. 2389, the Secure Rural Schools communities and better stewardship will evolve toration information; and from more diverse involvement. (5) include a multiparty assessment to— and Community Self-Determination (6) Designing demonstration restoration (A) identify both the existing ecological condi- Act of 2000. I want to particularly com- projects through a collaborative approach tion of the proposed project area and the desired mend the gentleman from Florida (Mr. may— future condition; and BOYD), the gentleman from Georgia (A) lead to the development of cost effective (B) report, upon project completion, on the (Mr. DEAL), the gentleman from Oregon restoration activities; positive or negative impact and effectiveness of (Mr. DEFAZIO), and the chairman of our (B) empower diverse organizations to imple- the project including improvements in local committee, the gentleman from Texas ment activities which value local and tradi- management skills and on the ground results; (Mr. COMBEST), as well as the ranking tional knowledge; (6) create local employment or training oppor- (C) build ownership and civic pride; and tunities within the context of accomplishing res- member, the gentleman from Texas (D) ensure healthy, diverse, and productive toration objectives, that are consistent with the (Mr. STENHOLM), for their dedicated ef- forests and watersheds. purposes of this title, including summer youth forts on this legislation. SEC. 603. PURPOSES. jobs programs such as the Youth Conservation I would also like to particularly sin- The purposes of this title are— Corps where appropriate; gle out members of the staff of my sub- (1) to promote healthy watersheds and reduce (7) not exceed 4 years in length; committee, Dave Tenny, of the full the threat of large, high intensity wildfires, in- (8) not exceed a total annual cost of $150,000, committee, and Brent Gattis of my sect infestation, and disease in the forests in with the Federal portion not exceeding $120,000 subcommittee, and Kevin Kramp, for- New Mexico; annually, nor exceed a total cost of $450,000 for merly of my subcommittee, as well the the project, with the Federal portion of the total (2) to improve the functioning of forest eco- staff on the Democratic side for very, systems and enhance plant and wildlife bio- cost not exceeding $360,000; diversity by reducing the unnaturally high (9) leverage Federal funding through in-kind very long, dedicated work to get this number and density of small diameter trees on or matching contributions; and legislation to this point. Federal, Tribal, State, County, and Municipal (10) include an agreement by each stakeholder This bill is landmark policy on two forest lands; to attend an annual workshop with other stake- important fronts. First, it provides (3) to improve communication and joint prob- holders for the purpose of discussing the cooper- critical funding for schoolchildren in lem solving among individuals and groups who ative forest restoration program and projects im- hundreds of rural communities all over are interested in restoring the diversity and pro- plemented under this title. The Secretary shall America who have been left behind by ductivity of forested watersheds in New Mexico; coordinate and fund the annual workshop. the policies of their own government. Stakeholders may use funding for projects au- (4) to improve the use of, or add value to, Second, it creates a new paradigm for small diameter trees; thorized under this title to pay for their travel (5) to encourage sustainable communities and and per diem expenses to attend the workshop. local citizen participation in the man- sustainable forests through collaborative part- SEC. 606. SELECTION PROCESS. agement of our Federal forest lands. nerships, whose objectives are forest restoration; (a) After consulting with the technical advi- In 1908, our government made a and sory panel established in subsection (b), the Sec- promise to the people who live in and (6) to develop, demonstrate, and evaluate eco- retary shall select the proposals that will receive around our Federal forests. The gov- logically sound forest restoration techniques. funding through the Collaborative Forest Res- ernment promised to share the eco- SEC. 604. DEFINITIONS. toration Program. nomic bounty of these lands with the As used in this title— (b) The Secretary shall convene a technical local people to sustain their schools, (1) the term ‘‘Secretary’’ means the Secretary advisory panel to evaluate the proposals for for- their communities, and their way of of Agriculture acting through the Chief of the est restoration grants and provide recommenda- life. This was a contract to compensate Forest Service; and tions regarding which proposals would best meet the objectives of the Collaborative Forest Res- these communities for the economic (2) the term ‘‘stakeholder’’ includes: tribal opportunities lost because the Federal governments, educational institutions, land- toration Program. The technical advisory panel owners, and other interested public and private shall consider eligibility criteria established in Government owned most of the land. entities. section 605, the effect on long-term management, Now, 90 years later, the government SEC. 605. ESTABLISHMENT OF PROGRAM. and seek to use a consensus-based decision- has defaulted on this promise and rural making process to develop such recommenda- (a) FOREST RESTORATION PROGRAM.—The Sec- communities all over America are suf- retary shall establish a cooperative forest res- tions. The panel shall be composed of 12 to 15 fering. Federal policies have elimi- toration program in New Mexico in order to pro- members, to be appointed by the Secretary as nated the economic bounty from our vide cost-share grants to stakeholders for experi- follows: Federal forest lands. As a result, mental forest restoration projects that are de- (1) A State Natural Resource official from the schools have cut their services to the signed through a collaborative process (herein- State of New Mexico. (2) At least two representatives from Federal bone and, in some cases, closed their after referred to as the ‘‘Collaborative Forest land management agencies. doors all together for lack of funding. Restoration Program’’). The projects may be en- (3) At least one tribal or pueblo representative. Families have been torn apart as par- tirely on, or on any combination of, Federal, (4) At least two independent scientists with ents are forced to work farther and far- Tribal, State, County, or Municipal forest lands. experience in forest ecosystem restoration. The Federal share of an individual project cost ther from home. Local infrastructure (5) Equal representation from— shall not exceed 80 percent of the total cost. The has disintegrated; and, sadly, the pri- (A) conservation interests; 20-percent matching may be in the form of cash mary victims of this tragedy have been (B) local communities; and schoolchildren, children who have been or in-kind contribution. (C) commodity interests. (b) ELIGIBILITY REQUIREMENTS.—To be eligible left behind by their government while to receive funding under this title, a project The SPEAKER pro tempore. Pursu- the rest of America prospers. shall— ant to the rule, the gentleman from The purpose of H.R. 2389 is to correct (1) address the following objectives— Virginia (Mr. GOODLATTE) and the gen- this wrong. By shoring up Federal pay- (A) reduce the threat of large, high intensity tleman from Texas (Mr. STENHOLM) ments to rural forest communities, wildfires and the negative effects of excessive each will control 20 minutes. this legislation restores our govern- competition between trees by restoring ecosystem The Chair recognizes the gentleman functions, structures, and species composition, ment’s commitment to education in from Virginia (Mr. GOODLATTE). including the reduction of non-native species rural forest communities. Signifi- populations; GENERAL LEAVE cantly, and this is a very important (B) re-establish fire regimes approximating Mr. GOODLATTE. Mr. Speaker, I ask point in this time of intense debate on those that shaped forest ecosystems prior to fire unanimous consent that all Members education in our country, the commit- suppression; may have 5 legislative days within ments made to education in this bill (C) preserve old and large trees; which to revise and extend their re- come without strings attached. (D) replant trees in deforested areas if they marks on H.R. 2389, the bill now under That means when a county in Oregon exist in the proposed project area; and (E) improve the use of, or add value to, small consideration. or Arkansas or Pennsylvania or Flor- diameter trees; The SPEAKER pro tempore. Is there ida receives Federal support for edu- (2) comply with all Federal and State environ- objection to the request of the gen- cation under this bill, the local com- mental laws; tleman from Virginia? munity, not the Federal Government,

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.101 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9613 will determine how that funding is best Mr. GOODLATTE. Mr. Speaker, I 90 percent. This decline has severely used. If local schools need books, they yield 1 minute to the gentleman from impacted the quality of education pro- can buy books. If they need additional Oregon (Mr. WALDEN), who has also vided in the affected rural counties. teachers, they can hire them. If they been a significant contributor to this Many schools have been forced to do need to fix the roof on a school, they effort. just the opposite of what we were hop- can do it. This philosophy of Federal (Mr. Walden of Oregon asked and was ing to achieve: many teachers have support coupled with local decision- given permission to revise and extend been laid off, and bus drivers, nurses making should be a model for the Con- his remarks.) and other employees have also faced a gress as we work to improve education Mr. WALDEN of Oregon. Mr. Speak- similar fate. in our country. er, I thank the gentleman for yielding We need to support H.R. 2389. A ‘‘yes’’ H.R. 2389 also changes the way we ap- me this time, and I want to commend vote on H.R. 2389 will assist these com- proach Federal forest management. the gentleman from Virginia and the munities in providing an equitable and For the first time, local communities gentleman from Texas, as well as my stable source of funding in rural set- will have a direct stake in the manage- colleagues from Oregon, in putting to- tings. By supporting this measure, we ment of our national forests. This has gether this very important legislation can be assured we are doing all we can been one of the worst wildfire seasons that will help our school children and to assist communities by providing an of the century, and the experts tell us our counties who have been hurt tre- equitable and stable source of funding that the worst may be yet to come. mendously by changes in Federal pol- for schools in and near our forest areas. This bill provides critical funding that icy. Mr. STENHOLM. Mr. Speaker, I yield counties can leverage with private in- Since 1908, rural counties adjacent to such time as he may consume to the vestments and Federal appropriations Forest Service and BLM forest lands gentleman from Oregon (Mr. DEFAZIO). to address fire risk head on. have received Federal funds for schools (Mr. DEFAZIO asked and was given Counties can also use this funding to and roads based on the revenue re- permission to revise and extend his re- restore watersheds, improve fish and ceived from land management activi- marks.) wildlife habitat, and enhance the over- ties. Over the last decade, as a result of Mr. DEFAZIO. Mr. Speaker, I rise in all health of our forests. It establishes sharp declines in revenues from these strong support of this long-awaited a framework for local collaboration Federal forest lands, many of these vital legislation for our counties and that, if successful, will replace the cur- counties have been unable to fund es- schools. rent centralized command and control sential programs for their kids and to I congratulate and thank all those policy with a new and effective way to take care of their road maintenance who have been involved in this land- resolve forest management issues at and infrastructure. mark legislation. I urge my colleagues the local level using local expertise. Mr. Speaker, this legislation goes a to support this and send it to the Presi- I urge the Members of this body to long way toward resolving that prob- dent for his signature. join me in taking this important step lem and toward making the Federal Mr. STENHOLM. Mr. Speaker, I yield today by sending H.R. 2389 to the Presi- Government a better neighbor and cer- such time as he may consume to the dent’s desk. We can renew the promise tainly a better partner in the health of gentleman from Florida (Mr. BOYD). made to our rural forest communities our communities in rural America. I (Mr. BOYD asked and was given per- back in 1908. We can raise the hopes of urge passage of this legislation. mission to revise and extend his re- rural school children all over America Mr. STENHOLM. Mr. Speaker, I yield marks.) and begin the process in earnest of such time as she may consume to the Mr. BOYD. Mr. Speaker, I thank the helping them rebuild their homes and gentlewoman from North Carolina gentleman from Texas (Mr. STENHOLM), communities. Join me in declaring a (Mrs. CLAYTON.) and also my partner, the gentleman strong commitment to rural schools Mrs. CLAYTON. Mr. Speaker, I from Virginia, the chairman of the sub- and rural communities. Vote in favor thank the gentleman from Texas for committee, for his skill in which he of this legislation. yielding me this time and for his lead- has managed this legislation. Mr. Speaker, I reserve the balance of ership, as well as the gentleman from Mr. Speaker, make no mistake that my time. Mr. STENHOLM. Mr. Speaker, I yield Virginia (Mr. GOODLATTE) for his lead- this is an education bill, a rural edu- myself such time as I may consume. ership. cation bill that is very important to Mr. Speaker, I rise in support of H.R. Mr. Speaker, this is an opportunity many, many communities around the 2389, the Secure Rural Schools and to speak on a subject which is dear to country, including some communities Communities Self-Determination Act my heart, H.R. 2389, the Secure Rural in north Florida. of 2000. H.R. 2389, when signed by the Schools and Community Self-Deter- As we have heard described here President, will set in motion signifi- mination Act of 2000. We have spoken today, a compact was made in 1908 with cant improvements in the manner that extensively about our priorities to these communities when the forest the Federal Government fulfills its fi- make schools safer, with smaller class lands were put into the ownership of nancial commitment to rural counties sizes, skilled teachers, the latest tech- the Federal Government, and that located within the boundaries of our nology, excellent school facilities with compact has been broken. This legisla- national forest system. the proper books, lunch programs, and tion will fix that compact again and The fulfillment of this commitment extracurricular activities. Yet we have make it work like it is supposed to. is even more critical today where the witnessed many schools lacking the I know in my particular area, the county payments have declined consid- funds needed to improve our schools. way that compact was broken was the erably as a result of major forest re- I not only live in rural America, but fact that the Forest Service began to source management policy changes. I represent a district which is predomi- manage their timberlands in a dif- After 2 years of hard work, we have be- nantly rural. I am aware of the great ferent way because of the protection of fore us compromise legislation that challenges counties face in providing the habitat for the endangered red maintains the core components of the adequate funding for their schools. We cockaded woodpecker. The revenues to Federal Government’s payments sys- know that in addition to love and care our local school districts in those for- tem for forest counties. from family members, schools are the est communities declined by as much Mr. Speaker, the manner in which foundation for developing successful as 90 percent. So this, again, will go a this Congress continues these pay- young people and strong vibrant econo- long ways toward correcting that. ments is critical to the future well- mies. I want to give a word of thanks to being of national forest health and the For decades now, counties received a our partners who have helped us here. economic stability of rural commu- 25 percent revenue from forest receipts. Again, the gentleman from Virginia nities. This compromise legislation is a These funds were used to help make (Mr. GOODLATTE), the gentleman from step in the right direction. I urge all of their schools successful. Unfortu- Georgia (Mr. DEAL), who was an origi- my colleagues to support final passage. nately, these receipts have gradually nal cosponsor of this legislation with Mr. Speaker, I reserve the balance of dwindled. Federal forest receipts in myself, also the gentleman from Or- my time. some counties have dropped more than egon (Mr. DEFAZIO), the gentleman

VerDate 02-OCT-2000 06:41 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.195 pfrm01 PsN: H10PT1 H9614 CONGRESSIONAL RECORD — HOUSE October 10, 2000 from Texas (Mr. TURNER), the gen- Ms. HOOLEY of Oregon. Mr. Speaker, nities are no longer punished by the policies of tleman from California (Mr. GEORGE I too would like to thank my col- their own government. Passage of this bill will MILLER), the gentlewoman from North leagues for all of their hard work on directly benefit 4 million schoolchildren in 700 Carolina (Mrs. CLAYTON), and the gen- this piece of legislation. I rise in strong counties nationwide, thereby opening the tleman from Texas (Mr. STENHOLM). support of H.R. 2389. same doors of opportunity for them that chil- Also, Mr. Speaker, I want to take The children in my district in Oregon dren in other parts of the country enjoy. this opportunity to thank the staff and the children in over 800 counties H.R. 2389 also provides a framework for members who have done a wonderful across the rest of the United States are rural forest counties to rebuild their commu- job of negotiating some very difficult being shortchanged. People in Oregon nities and their way of life by giving them a di- and complex negotiations with the and across the United States that live rect stake in the management of our federal Senate and the administration in the in rural areas with vast amounts of forests. By giving local stakeholders both the last 10 days. That is Dave Tenny, Brent Federal land depend on payments from opportunity and the funding resources to ad- Gattis, and Quinton Robinson, from the the Federal Government. dress local forest management issues, local House Committee on Agriculture; Doug Unfortunately, these payments have experts can work together on solutions that Crandall from the House Committee on decreased in recent years; and, as a are not only good for the forest, but also the Resources; Penny Dodge and Amelia consequence, education programs and local economies that sustain them. Jenkins with the office of the gen- county services have been subjected to H.R. 2389 is supported by a broad range of tleman from Oregon (Mr. DEFAZIO); massive budget cuts. interests from all over the country. The bill has Trent Ashby with the office of the gen- Over the last 10 years, I have seen earned the endorsement of the National Asso- tleman from Texas (Mr. TURNER); Tom class sizes grow while teachers, buses, ciation of Counties, the National Education As- Pyle with the majority whip’s office; music and art programs and many sociation, the U.S. Chamber of Commerce, and Chris Schloesser from my own other services are reduced or elimi- the American Federation of State, County and staff. nated. These cuts need to be restored. Municipal Employees, and a grass roots coali- b 2230 The children in these counties de- tion of over 1,000 local education, business I also want to thank the chairman of serve the same quality schools and edu- and government organizations in 36 states. the National Forest Counties and cational opportunities as the rest of I urge my colleagues to take a stand in sup- Schools Coalition, Mr. Bob Douglas, America. port of our rural school children and the forest whose group certainly provided impe- In this election year, we have heard a communities in which they live, Join me in vot- tus for us to get to this point today. lot about education and how it is a pri- ing aye on H.R. 2389. Mr. GOODLATTE. Mr. Speaker, I And I also want to thank my own su- ority for everybody. Well, this is a yield back the balance of my time. perintendent of schools in Liberty chance for people in this House to show The SPEAKER pro tempore (Mr. County, Florida, who has been a leader their commitment to education by vot- RYAN of Wisconsin). The question is on for me in this, Mr. Hal Summers. ing yes on H.R. 2389. Mr. STENHOLM. Mr. Speaker, I yield I hope they will join me in voting yes the motion offered by the gentleman such time as he may consume to the on education and voting yes on H.R. from Virginia (Mr. GOODLATTE) that the House suspend the rules and concur gentleman from Texas (Mr. TURNER). 2389. Mr. TURNER. Mr. Speaker, it is an Mr. STENHOLM. Mr. Speaker, I have in the Senate amendment to the bill, honor to rise in support of this legisla- no further requests for time and en- H.R. 2389. tion this evening. I join in the remarks courage support of H.R. 2389. The question was taken; and (two- of those who preceded me. I thank each Mr. Speaker, I yield back the balance thirds having voted in favor thereof) Member on the floor who has worked so of my time . the rules were suspended and the Sen- hard to bring this bill to fruition. Mr. GOODLATTE. Mr. Speaker, I ate amendment was concurred in. I particularly want to thank the Na- yield myself such time as I may con- A motion to reconsider was laid on tional Forest Counties and Schools Co- sume. the table. alition, that coalition of over 1,000 Mr. Speaker, I neglected to mention f and thank the gentlewoman from rural education, government, and busi- ALASKA NATIVE CLAIMS SETTLE- North Carolina (Mrs. CLAYTON) for her ness leaders, who worked hard to put MENT ACT TECHNICAL AMEND- contribution. We thank her very much. this legislation together. That coali- MENTS tion included groups like the National I, too, urge my colleagues to support Education Association, the U.S. Cham- this legislation. Mr. HANSEN. Mr. Speaker, I move to ber of Commerce, the American Asso- Mr. COMBEST. Mr. Speaker, I rise today in suspend the rules and pass the bill ciation of School Administrators, and support of H.R. 2389, the Secure Rural (H.R. 4345) to amend the Alaska Native the National Association of Counties. Schools and Community Self-determination Claims Settlement Act to clarify the Many representatives and commu- Act of 1999. As I do so, I urge my colleagues process of allotments to Alaskan Na- nity leaders from across the country to join me as a statement of our united com- tives who are veterans, and for other have come to Washington to work on mitment to education and economic stability in purposes, as amended. this bill over the last several months. rural forest communities all over America. The Clerk read as follows: Two of them are good examples from Our rural forest communities are at a cross- H.R. 4345 my district, my own county judge, roads. Nearly a hundred year ago, the federal Be it enacted by the Senate and House of Rep- Chris Vanderhof, and Trinity County government made a commitment to share the resentatives of the United States of America in Judge Mark Evans, who served on the revenues derived from federal lands to fund Congress assembled, National Coalition. local schools and roads. The purpose of this TITLE I—TECHNICAL AMENDMENTS TO This is a good bill. It returns sta- commitment was to compensate these com- ALASKA NATIVE CLAIMS SETTLEMENT bility to the funds that flow to over 700 munities for the loss of local property taxes. ACT counties across this country that have Yet, during the last several years, the federal SEC. 101. ALASKA NATIVE VETERANS. government has unilaterally defaulted on this Section 41 of the Alaska Native Claims national forest lands within their Settlement Act (43 U.S.C. 1629g) is amended boundaries. It means a lot to the commitment. The federal timber sale program as follows: school districts in those counties. This has collapsed and federal policies now vir- (1) Subsection (a)(3)(I)(4) is amended by will return some stability to their flow tually prohibit the use of our national forests to striking ‘‘and Reindeer’’ and inserting ‘‘or’’. of funds, and it will provide a good sustain the communities and schools that are (2) Subsection (a)(4)(B) is amended by source of funding for education for located in and around them. As a result rural striking ‘‘; and’’ and inserting ‘‘; or’’. many rural school children across this forest communities and school districts all over (3) Subsection (b)(1)(B)(i) is amended by country. I urge adoption of this legisla- America are in tattersÐthe victims of their striking ‘‘June 2, 1971’’ and inserting ‘‘De- own government. cember 31, 1971’’. tion. (4) Subsection (b)(2) is amended by striking Mr. STENHOLM. Mr. Speaker, I yield The purpose of H.R. 2389 is to right this the matter preceding subparagraph (A) and such time as she may consume to the wrong. By providing stable and predictable inserting the following: gentlewoman from Oregon (Ms. funding for rural education, it will ensure that ‘‘(2) The personal representative or special HOOLEY). school children in forest-dependent commu- administrator, appointed in an Alaska State

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.197 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9615 court proceeding of the estate of a decedent I urge an aye vote on this important Three categories of land are listed, but the who was eligible under subsection (b)(1)(A) bill for Alaska. use of the word ‘‘and’’ requires that an indi- may, for the benefit of the heirs, select an al- Mr. HANSEN. Mr. Speaker, I submit the fol- vidual apply for land that meets the criteria lotment if the decedent was a veteran who of all three categories. That is impossible be- lowing letter for the RECORD: served in South East Asia at any time during cause land cannot be simultaneously re- the period beginning August 5, 1964, and end- U. S. DEPARTMENT OF THE INTERIOR, served and unreserved. ing December 31, 1971, and during that period OFFICE OF THE SECRETARY, 3. It amends section (41)(b)(1)(B)(i), per- the decedent—’’. Washington, DC, October 10, 2000. taining to ‘‘Eligible Person,’’ to change the SEC. 102. LEVIES ON SETTLEMENT TRUST INTER- Re: H.R. 4345 and amendments to P.L. 105– date ‘‘June 2, 1971’’ to ‘‘December 31, 1971.’’ ESTS. 276. The current wording causes veterans who Section 39(c) of the Alaska Native Claims Hon. DON YOUNG, began their service after December 3, 1970 Settlement Act (43 U.S.C. 1629e(c)) is amend- Chairman, Committee on Resources, House of and before June 2, 1971 to be ineligible, even ed by adding at the end the following new Representatives, Washington, DC. though they may have served more than six paragraph: DEAR MR. CHAIRMAN: On June 14, I testified months between 1969 and 1971. ‘‘(8) A beneficiary’s interest in a settle- before your Committee concerning H.R. 4345, 4. Section 101 of the bill also amends sec- ment trust and the distributions thereon the Alaska Native Claims Technical Amend- tion 41(b)(2), concerning eligible heirs of de- shall be subject to creditor action (including ments Act of 2000. During the hearing, I cedents, with two changes to obtain greater without limitation, levy attachment, pledge, promised to work with Alaska Native groups facility in administration and to broaden the lien, judgment execution, assignment, and in an effort to address their concerns raised eligibility of veterans’ heirs who would ben- the insolvency and bankruptcy laws) only to at the hearing, particularly over section 3 of efit. the extent that Settlement Common Stock the bill regarding Alaska Native veteran al- First, the bill contains critical language to and the distributions thereon are subject to lotments. make clear that the personal representative such creditor action under section 7(h) of As you know, the Department reviewed of an estate will be appointed by a judge of this Act.’’. H.R. 4345 as introduced and expressed its probates in a State Court of Alaska. The TITLE II—NATIONAL LEADERSHIP SYMPO- strong disagreement with most of that bill. State Court judges advise us that they can SIUM FOR AMERICAN INDIAN, ALASKAN We indicated in our official statement sub- perform this function quickly and at rel- NATIVE, AND NATIVE HAWAIIAN YOUTH mitted to you at the hearing that if Sections atively low cost. This Department does not SEC. 201. ADMINISTRATION OF NATIONAL LEAD- 2, 3, 4, and 5 of that bill were passed, we have the personnel or the procedures to re- ERSHIP SYMPOSIUM FOR AMERICAN would recommend a veto to the President. solve problems amongst heirs concerning INDIAN, ALASKAN NATIVE, AND NA- Section 6 was not unacceptable to us. As we who will be the personal representative and TIVE HAWAIIAN YOUTH. discussed at the hearing, and in the spirit of which tracts of land will be chosen for the al- (a) IN GENERAL.—There are authorized to cooperation with your Committee, I asked lotment application. By letting the State be appropriated to the Secretary of Edu- Marilyn Heiman, Special Assistant to the probate courts resolve the choice of personal cation for the Washington Workshops Foun- Secretary for Alaska, to take the lead in representative, a task which is performed dation $2,200,000 for administration of a na- meeting with Alaska Native interests and every day, we can expedite the processing of tional leadership symposium for American discussing their concerns. Those meetings the allotment application by heirs without Indian, Alaskan Native, and Native Hawaiian have taken place. Following those meetings, BLM being flooded with separate applica- youth on the traditions and values of Amer- and further contact among the Committee, tions by each heir claiming a different loca- ican democracy. the Native groups, and the Department, the tion. (b) CONTENT OF SYMPOSIUM.—The sympo- Committee has proposed to us informally for Second, for the group of veterans who died sium administered under subsection (a) review a revised version of H.R. 4345. The as a direct result of the war, (killed in ac- shall— provisions to which we objected have been tion, wounded in action and subsequently (1) be comprised of youth seminar pro- removed and a set of technical changes to died as a result of those wounds, or died grams which study the workings and prac- P.L. 105–276 have been added, including one while a prisoner of war) the bill broadens the tices of American national government in change which directly reflects Native inter- time for eligibility of heirs of such deceased Washington, DC, to be held in conjunction est in expanding eligibility for allotment ap- veterans to include those who died from Au- with the opening of the Smithsonian Na- plications for heirs of deceased veterans. gust 5, 1964 to December 31, 1971. All of these tional Museum of the American Indian; and The revised draft of H.R. 4345 contains two veterans could be considered to have missed (2) envision the participation and enhance- titles: Title I pertains to Alaska Native Vet- their opportunity to file an allotment appli- ment of American Indian, Alaskan Native, eran allotments, as well as levies on settle- cation by virtue of their military service. We and Native Hawaiian youth in the American ment trust interests (formerly section 6 of believe it is important to keep eligibility political process by interfacing in the first- the original bill), and Title II contains whol- limited to deaths caused by war, because hand operations of the United States Gov- ly new provisions authorizing $2,200,000 to otherwise there is no basis for distinction be- ernment. the Washington Workshops Foundation for tween Native veterans who lost their oppor- The SPEAKER pro tempore. Pursu- administration of a national leadership sym- tunity due to service and other Natives who ant to the rule, the gentleman from posium for Native American and Eskimo served or who are not veterans. Utah (Mr. HANSEN) and the gentleman youth. The Department can accept these changes. from American Samoa (Mr. The Department does not object to the re- However, this is the full extent of changes to vised bill. FALEOMAVAEGA) each will control 20 P.L. 105–276 that we can accept. We are op- minutes. TITLE I posed to further changes or expansion of the The Chair recognizes the gentleman We had mentioned earlier in testimony law, which we believe fully and fairly ad- that there are technical corrections which dresses the problem of lost opportunity due from Utah (Mr. HANSEN). to military service for Alaska Native vet- Mr. HANSEN. Mr. Speaker, I yield should be made to the language of the Viet- nam Veteran Allotment legislation passed in erans of the Vietnam war to apply for allot- myself such time as I may consume. 1998 in section 432 of P.L. 105–276, in order to ments. We have just issued regulations to Mr. Speaker, H.R. 4345 amends the correct three technical gaps and problems implement the original law. Unfair, unac- Alaska Native Claims Settlement Act with that section. The new bill makes those ceptable restrictions regulations are not the to clarify the process of allotments to corrections in section 101. same as original Native allottees of Native Alaskan Natives who are veterans and 1. It amends Section 41(a)(3)(1)(4) con- applicants to 1971. Need hearing on their un- makes a number of technical changes cerning lands selected or claimed and un- fair regulations for Vietnam Veterans. The to the Alaskan Native Claims Settle- available for conveyance, to delete the words above changes can be reasonably accommo- ‘‘and Reindeer’’ and insert the word ‘‘or’’. dated, and the program should now move for- ment Act. ward unimpeded by further revisions to the Title I of the bill outlines the quali- This language clarifies the intent of the pro- vision to make unavailable for selection program and the regulations. fying dates and requirements of the headquarters sites for various activities in- The former section 6 of the bill becomes Alaskan Native Vietnam veterans and cluding reindeer herding. There are a number section 102. This section, unrelated to the their executors to apply for their na- of different activities that can support a other provisions of the bill, amends section tive allotments under the Native Allot- headquarters site unrelated to reindeer 39(c) of ANCSA (43 U.S.C. 1629e(c)) to add a ment Act. herding which would be unavailable for con- new paragraph on Levies on Settlement Title II of the bill would allow Amer- veyance. The original wording was in error Trust Interests, placing limits on such ac- ican Indian or Alaska Native and Na- and could result in a taking which must be tions against interests of shareholders. While tive Hawaii students to participate in a avoided. we do not object to this section, we raised 2. It amends section 41(a)(4)(B), concerning with the proponents of the section a clerical week-long national symposium on categories of land available for selection, to error in its original draft and the need for a American democracy when the delete after the semicolon the word ‘‘and’’ further expansion of the language for pro- Smithsonian National Museum of the and insert the word ‘‘or’’. The current word- tected interests in settlement trusts. The American Indians opens in 2002. ing will cause difficulty in implementation. new paragraph corrects the erroneous cross

VerDate 02-OCT-2000 06:56 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.134 pfrm01 PsN: H10PT1 H9616 CONGRESSIONAL RECORD — HOUSE October 10, 2000 reference contained in the current language shared the enthusiasm of our chairman proceedings on this motion will be of the section and adds the words ‘‘levy, at- for reopening the land claims and mak- postponed. tachment,’’ to make clearer the types of ing significant amendments to the 1971 The point of no quorum is considered creditor actions being limited. Alaska Native Claims Settlement Act. withdrawn. TITLE II We tend to give greater emphasis to f Title II provides for a National Leadership the word ‘‘settlement’’ in that act. Symposium for American Indian, Alaska Na- However, Mr. Speaker, in this in- LAKE TAHOE BASIN LAND tive, and Native Hawaiian youth to be com- CONVEYANCE prised of youth seminar programs which stance, the allotment act language re- study the workings and practice of American flects a compromise struck after nego- Mr. HANSEN. Mr. Speaker, I move to national government in Washington, D.C. We tiations between the Department of the suspend the rules and pass the bill encourage the development of such a pro- Interior and the Alaskan Federation of (H.R. 4656) to authorize the Forest gram. However, the bill as written is not Natives. Service to convey certain lands in the clear as to the source of funds, the Federal A rider on the fiscal year 1999 VA- Lake Tahoe Basin to the Washoe Coun- agency designated to receive the funds, the HUD appropriations bill reopened ap- ty School District for use as an ele- basis for the amount for the project or the plications for Native veterans who mentary school site. choice of organizations to lead it. Nor is it The Clerk read as follows: clear who, if anyone, on behalf of the Federal served in the 3-year period prior to the government would provide any financial repeal of the allotment act in 1971. H.R. 4656 oversight or program guidance for the pro- Since the Department of the Interior Be it enacted by the Senate and House of Rep- gram. We recommend that these issues be has already opened that door, extend- resentatives of the United States of America in clarified. ing the same opportunity to the fami- Congress assembled, The Office of Management and Budget ad- lies of Native veterans who were killed SECTION 1. CONVEYANCE OF CERTAIN FOREST vises that there is no objection to the pres- in action is a matter of understandable SERVICE LAND IN THE LAKE TAHOE entation of this report from the standpoint equity. It is troublesome, however, BASIN. of the Administration’s program. (a) CONVEYANCE.—Upon application, the Sincerely, that the Department cannot tell us Secretary of Agriculture, acting through the JOHN BERRY, how many new applications would be Chief of the Forest Service, may convey to Assistant Secretary. generated by this bill, nor can they the Washoe County School District all right, Mr. Speaker, I reserve the balance of give us any clear notion of the poten- title, and interest of the United States in the my time. tial impacts on public land in Alaska. property described as a portion of the North- Mr. FALEOMAVAEGA. Mr. Speaker, However, by allowing this bill to pro- west quarter of Section 15, Township 16 North, Range 18 East, M.D.B. & M., more I yield myself such time as I may con- ceed, it is our intent that this action is final and that there will be no further particularly described as Parcel 1 of Parcel sume. Map No. 426 for Boise Cascade, filed in the of- (Mr. FALEOMAVAEGA asked and extensions of land claims under an act fice of the Washoe County Recorder, State of was given permission to revise and ex- that was passed by Congress at the Nevada, on May 19, 1977, as file No. 465601, Of- tend his remarks.) turn of the century and repealed 3 dec- ficial Records. Mr. FALEOMAVAEGA. Mr. Speaker, ades ago. It is my understanding that (b) REVIEW OF APPLICATION.—When the I rise in strong support of H.R. 4345, the Department of the Interior shares Secretary receives an application to convey this proposed piece of legislation spon- this view as well. the property under subsection (a), the Sec- sored by the gentleman from Alaska In summary, Mr. Speaker, let me retary shall make a final determination whether or not to convey such property be- (Mr. YOUNG), my good friend and the take what may be one of our last op- fore the end of the 180-day period beginning chairman of the House Committee on portunities in this Congress to give on the date of the receipt of the application. Resources. credit to the gentleman from Alaska (c) USE; REVERSION.—The conveyance of As introduced, H.R. 4345 contains a (Mr. YOUNG), the chairman of our the property under subsection (a) shall be for number of controversial provisions House Committee on Resources, who the sole purpose of the construction of an el- which were objectionable to the admin- has served as chairman of the com- ementary school on the property. The prop- istration originally. However, I am mittee for the past 6 years. The chair- erty conveyed shall revert to the United pleased to say that the bill before us man is a forceful advocate for his Alas- States if the property is used for a purpose now has been significantly amended ka Native constituents, and it is due to other than as an elementary school site. (d) CONSIDERATION BASED ON REQUIREMENT and is no longer opposed by the Depart- his commitment that this bill is before TO USE FOR LIMITED PUBLIC PURPOSES.—The ment of the Interior. us today. Secretary shall determine the amount of any Mr. Speaker, the most notable provi- Mr. Speaker, I want to commend the consideration required for the conveyance of sion of this bill concerns the Native gentleman from Alaska, chairman of property under this section based on the fair Alaskan veterans who served in the the committee, for his leadership and market value of the property when it is sub- Vietnam conflict. This legislation is also his willingness to assist with ject to the restriction on use under sub- intended to benefit the families of Na- issues affecting our insular areas. And section (c). tive Alaskans who served in Southeast above all, Mr. Speaker, this Member (e) PROCEEDS.—The proceeds from the con- Asia between 1964 and 1971 and who appreciates very much the genuine veyance of the property under subsection (a) shall be available to the Secretary without died as a direct result of their military friendship of the gentleman from Alas- further appropriation and shall remain avail- service. ka (Chairman YOUNG) with those of us able until expended for the purpose of acquir- Under this bill, the descendants of who represent the territories. ing environmentally sensitive land in the these Native Alaskan veterans would Mr. HANSEN. Mr. Speaker, I yield Lake Tahoe Basin pursuant to section 3 of be allowed a new opportunity to file back the balance of my time. the Act entitled ‘‘An Act to provide for the under the Allotment Act of 1906 for up Mr. FALEOMAVAEGA. Mr. Speaker, orderly disposal of certain Federal lands in to 160 acres of parcels of land which the I have no additional speakers, so I Nevada and for the acquisition of certain family traditionally used and occupied. yield back the balance of my time. other lands in the Lake Tahoe Basin, and for The Allotment Act of 1906 was re- The SPEAKER pro tempore. The other purposes’’, approved December 23, 1980 (94 Stat. 3381; commonly known as the pealed by the Alaska Native Claims question is on the motion offered by ‘‘Santini-Burton Act’’). Act in 1917, which was intended to re- the gentleman from Utah (Mr. HANSEN) (f) APPLICABLE LAW.—Except as otherwise solve the Native land claims against that the House suspend the rules and provided in this section, any sale of National the United States. That historic act pass the bill, H.R. 4345, as amended. Forest System land under this section shall conveyed over 40 million acres of land The question was taken. be subject to the laws (including regulations) and approximately $1 billion dollars in Mr. FALEOMAVAEGA. Mr. Speaker, applicable to the conveyance of National compensation to be managed by over I object to the vote on the ground that Forest System lands. 200 Native Alaskan corporations, rep- a quorum is not present and make the The SPEAKER pro tempore. Pursu- resenting the villages and regions of point of order that a quorum is not ant to the rule, the gentleman from the State of Alaska. present. Utah (Mr. HANSEN) and the gentleman It is fair to say, Mr. Speaker, that The SPEAKER pro tempore. Pursu- from American Samoa (Mr. the minority on the Committee on Re- ant to clause 8 of rule XX and the FALEOMAVAEGA) each will control 20 sources on this side has not always Chair’s prior announcement, further minutes.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.139 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9617 The Chair recognizes the gentleman land in interest to State and local gov- proper facility is the land to be con- from Utah (Mr. HANSEN). ernments, the deed restrictions must veyed in this bill. Mr. HANSEN. Mr. Speaker, I yield protect the environmental quality and Purchased by the U.S. Government myself such time as I may consume. public recreational purposes of the under the Burton-Santini Act, this Mr. Speaker, H.R. 4656 was intro- land. land currently has no market value duced by my colleague, the gentleman Legislation is needed in this instance since under Burton-Santini it cannot from Nevada (Mr. GIBBONS). This legis- because this conveyance does not fall be developed without an act of Con- lation would convey a little over 8 within the parameters of the act. Un- gress. Certainly the commercial use of small acres of Forest Service land to like other sites conveyed for less than the land would garner a much more at- the Washoe County School District in fair market value with reversionary tractive profit for the Federal Govern- Nevada located in the Lake Tahoe clauses, this land was not public do- ment, but the environmental sensi- Basin for fair market value. main or surplus land. Rather, this land tivity of the land would undoubtedly be This bill passed full committee by was specifically purchased for its envi- threatened. However, under H.R. 4656, voice vote on September 13 of this ronmental value and is integral to the the intent of the Burton-Santini Act to year. I would urge all Members to sup- land-use planning scheme surrounding protect the land’s environmental sensi- port passage of this excellent piece of Lake Tahoe. This bill deprives the pub- tivity would be maintained. The school legislation today. lic of what is owed as well as the abil- will not jeopardize the sensitivity of Mr. Speaker, I reserve the balance of ity to offset the loss of this environ- the seasonal stream that runs through my time. mentally sensitive property with the the land. The school district will in- Mr. FALEOMAVAEGA. Mr. Speaker, purchase of comparable property. stall water filtration systems and in- I yield myself such time as I may con- I urge my colleagues not to accept corporate the sensitive elements of the sume. this legislation. site into existing education programs (Mr. FALEOMAVAEGA asked and Mr. Speaker, I reserve the balance of on water quality for the students. was given permission to revise and ex- my time. Therefore, Mr. Speaker, the use re- tend his remarks.) Mr. HANSEN. Mr. Speaker, I am strictions of my bill will succeed in Mr. FALEOMAVAEGA. Mr. Speaker, happy to yield such time as he may protecting the environment and ensur- I certainly want to thank my good consume to the gentleman from Ne- ing that the Federal Government re- friend, the gentleman from Utah (Mr. vada (Mr. GIBBONS), the author of this ceives compensation for the land. The HANSEN), chairman of our Sub- legislation, . land will not be conveyed for free but committee on National Parks and Pub- Mr. GIBBONS. Mr. Speaker, I would at an affordable price for the school lic Lands, and the chief sponsor of this like to thank my colleague and friend district. This bill is truly a win-win for legislation, the gentleman from Ne- from Utah (Mr. HANSEN) for allowing everyone involved. vada (Mr. GIBBONS). me the time to speak here today. Finally, Mr. Speaker, this bill is not However, this evening, Mr. Speaker, really about the land conveyance. This b 2245 with tremendous reluctance and de- is about educating children. All chil- spite my respect for my good friend Before, Mr. Speaker, I approach and dren deserve safe and quality school fa- from Nevada, I have to rise in opposi- answer the questions and issues of my cilities. The passage of H.R. 4656 will tion to H.R. 4656. colleague from American Samoa, I extend this opportunity to the students This bill authorizes the Forest Serv- want to thank the gentleman from of Incline Village. ice to convey for fair market value an Alaska (Mr. YOUNG) for his leadership Mr. Speaker, let me also add that if approximately 8.7 acre parcel on the on this important bill which seeks to this bill is not passed, there may actu- Tahoe National Forest in Washoe provide the children of Incline Village, ally be that child who has to stand up County School District for use as an el- Nevada with the sound footing for a because there will not be room for his ementary school site. quality education. or her desk in the school district be- Although the parcel is valued be- Mr. Speaker, H.R. 4656 authorizes the cause there are 400 students now ex- tween $2 million and $4 million, a deed U.S. Forest Service to convey 8.7 acres pected to be in this school. If you com- restriction directing use as a school of land in Washoe County, Nevada at bine those students, most of which are site and a reversionary clause reduces fair market value for the limited use as ESL, more than 50 percent of the stu- the value considerably. an elementary school. It also requires dent population is ESL students, they The administration testified that the the proceeds from the sale to be used to will be pushed into an ever decreasing appraisal value would be reduced by ap- purchase environmentally sensitive smaller and smaller environment. proximately 75 percent. The parcel to land in the Lake Tahoe Basin in the fu- This bill, if it is not passed, there be conveyed was originally acquired by ture. H.R. 4656 is the product of a great will not be that new school for them the Forest Service in 1981 as an envi- deal of hard work, and I believe it and no place for these students to ronmentally sensitive property under strikes a balance that will benefit all learn. We all realize, I hope, how im- the Santini-Burton Act for approxi- parties involved. portant it is to the future of our chil- mately $500,000. This land, as other The present Incline Village elemen- dren and to the future of our Nation to land around Lake Tahoe, has appre- tary school, constructed in 1964, can no have well-educated children. It is my ciated considerably in the last 20 years. longer meet the needs of an increasing hope that no one in this Chamber will Sound fiscal policy dictates that the student population. The overcrowding deny the young children of Incline Vil- public should receive full value for its problems have become so severe that lage, Nevada the opportunity to learn public assets. the school must now place up to 40 how to read, how to write or how to In this case, getting fair compensa- children in one classroom because add and subtract in a suitable facility tion is particularly critical because the there is simply not enough space to ac- that can promote education, not in- taxpayers purchased the land under a commodate them all. The school dis- hibit it. Federal program to buy environ- trict has considered every possible Mr. Speaker, we are asking only for mentally sensitive land around Lake remedy to this problem, including 8.7 acres purchased at fair market Tahoe and because the proceeds of the looking at other land within the basin, value with a school restriction by the sale would be used to purchase addi- and the best solution is H.R. 4656. Washoe County school district for the tional environmentally sensitive land Expanding beyond the school’s cur- purpose of an elementary school. The in the Lake Tahoe area. rent design is physically impossible, as purpose of this bill is to provide the Hence to offset the fiscal and envi- is rezoning the district to bus school children in this area with an adequate, ronmental loss of this sensitive prop- children to another school district suitable place to get an education. erty, the Federal Government should since the road to the next closest Mr. FALEOMAVAEGA. Mr. Speaker, get its full value. school is closed half the year due to I yield myself such time as I may con- Mr. Speaker, this bill also under- snow. The only solution is a new school sume. I was looking at the clock and mines the intent of the Santini-Burton and the only suitable land to provide looking at some 11 hours, that I had Act. While the act allows transfers of the students of Incline Village with a sincerely hoped that the staff members

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.204 pfrm01 PsN: H10PT1 H9618 CONGRESSIONAL RECORD — HOUSE October 10, 2000 on the majority side and our side would even H.R. 2890 which many of my concurrence by the House with an at least have had this occasion for this friends and colleagues on the other side amendment in the Senate amendment whole day passing, if there is some way of the aisle support, transfers the land to H.R. 150. we can negotiate in good faith and of Vieques Island that is currently used The Clerk read as follows: some way to find a solution to prevent as an artillery bombing range to Puer- H. RES. 621 this kind of a deadlock. And now we to Rico at no cost. Now, here is thou- Resolved, That upon the adoption of this bring ourselves here to the floor with sands upon thousands and thousands of resolution the House shall be considered to this kind of a situation that I feel very, acres that belong to the Federal Gov- have taken from the Speaker’s table the bill very bad about. I sincerely wish there ernment that are supported in being H.R. 150, with the Senate amendment there- could have been some other way of re- transferred to a State agency for that to, and to have concurred in the Senate solving this issue. Now that we are be- matter without a cost to the Federal amendment with the following amendment: In lieu of the matter proposed to be in- fore the floor and reluctantly and with Government in giving up that. So it is serted by the amendment of the Senate, in- tremendous respect that I have for my not an issue here today. We are talking sert the following: good friend from Nevada, I had just about 8.7 acres. It is not an issue of fair SECTION. 1. SHORT TITLE. hoped that we would have resolved this market value. We are talking about This Act may be cited as the ‘‘Education issue in some way or somehow, but getting an education for 400 children. Land Grant Act’’. somehow this matter has not been re- Without this, Mr. Speaker, without SEC. 2. CONVEYANCE OF NATIONAL FOREST SYS- solved. this land, without being able to con- TEM LANDS FOR EDUCATIONAL PUR- As I said, with tremendous reluc- struct this new school, 400 children are POSES. tance, I have to respectfully oppose going to be forced into classrooms or (a) AUTHORITY TO CONVEY.—Upon applica- tion, the Secretary of Agriculture may con- this piece of legislation. denied an education, and 400 children, I vey National Forest System lands for use for Mr. Speaker, I yield back the balance do not think, want to be subject of educational purposes if the Secretary deter- of my time. standing in their classroom without so mines that— Mr. HANSEN. Mr. Speaker, I yield much as room for their desk in order to (1) the entity seeking the conveyance will such time as he may consume to the get that education. We have to pass use the conveyed land for a public or pub- gentleman from Nevada (Mr. GIBBONS). this bill. It is now, it is critical, and licly funded elementary or secondary school, Mr. GIBBONS. Mr. Speaker, to my time is of the essence for this bill. to provide grounds or facilities related to great friend from American Samoa, I I once again thank my friends and such a school, or for both purposes; (2) the conveyance will serve the public in- want to say that this land of 8.7 acres colleagues for their support and hope is squeezed in between condominium terest; everyone will support this piece of leg- (3) the land to be conveyed is not otherwise developments and a Safeway shopping islation. needed for the purposes of the National For- center right in front of it. This is not Mr. HANSEN. Mr. Speaker, I yield est System; and the pristine type of ground that one myself such time as I may consume. (4) the total acreage to be conveyed does normally envisions when we talk about I congratulate my friend from Ne- not exceed the amount reasonably necessary environmentally sensitive lands with vada for his excellent presentation. I for the proposed use. great vistas looking out over Lake would like to point out that in my 20 (b) ACREAGE LIMITATION.—A conveyance under this section may not exceed 80 acres. Tahoe. The fact is that this land is years on the Committee on Resources, going to be better off being utilized as However, this limitation shall not be con- we have done this many, many times. strued to preclude an entity from submitting a school because the environmental Education in this year is one of the big a subsequent application under this section sensitivities will be taken into consid- things we are all looking at. I hope it for an additional land conveyance if the enti- eration by the school in its develop- does not become a partisan issue. We ty can demonstrate to the Secretary a need ment plan. It will actually enhance the are trying to educate some kids. I for additional land. environmental sensitivity of the land could give example after example of (c) COSTS AND MINERAL RIGHTS.—A convey- as well. my many years on this committee ance under this section shall be for a nomi- nal cost. The conveyance may not include Let me also say that the League to where we have done exactly that, to Save Lake Tahoe, the well-known, the transfer of mineral rights. give some acreage so we can expand a (d) REVIEW OF APPLICATIONS.—When the well-respected environmental group school, so we can help some children Secretary receives an application under this that looks after much of the Lake out. The backbone of this country is section, the Secretary shall— Tahoe area does not oppose this bill. educating our children. I commend the (1) before the end of the 14-day period be- This is a critical piece of legislation for gentleman from Nevada for his excel- ginning on the date of the receipt of the ap- the students of Nevada. There have lent presentation. plication, provide notice of that receipt to been many attempts on the other side Mr. Speaker, I yield back the balance the applicant; and (2) before the end of the 120-day period be- to have legislation passed which also of my time. sets a precedent. I know my friends on ginning on that date— The SPEAKER pro tempore (Mr. (A) make a final determination whether or the other side of the aisle have often- RYAN of Wisconsin). The question is on not to convey land pursuant to the applica- times passed legislation which will the motion offered by the gentleman tion, and notify the applicant of that deter- convey land for free for educational from Utah (Mr. HANSEN) that the House mination; or purposes, such as the San Juan College suspend the rules and pass the bill, (B) submit written notice to the applicant Act passed, that is H.R. 695 of our good H.R. 4656. containing the reasons why a final deter- friend and colleague the gentleman The question was taken. mination has not been made. from New Mexico (Mr. UDALL). It con- Mr. FALEOMAVAEGA. Mr. Speaker, (e) REVERSIONARY INTEREST.—If at any veyed land for educational purposes time after lands are conveyed pursuant to on that I demand the yeas and nays. this section, the entity to whom the lands with a restriction in it as well. We also The yeas and nays were ordered. were conveyed attempts to transfer title to have an opportunity to look at other The SPEAKER pro tempore. Pursu- or control over the lands to another or the pieces of legislation which the other ant to clause 8 of rule XX and the lands are devoted to a use other than the use side has passed which would convey for Chair’s prior announcement, further for which the lands were conveyed, without even free, without the cost to the proceedings on this motion will be the consent of the Secretary, title to the United States, land for educational postponed. lands shall revert to the United States. purposes for the Lewis and Clark Na- f The SPEAKER pro tempore. Pursu- tional Historic Interpretive Center. ant to the rule, the gentleman from That passed 355–0 and was signed into PROVIDING FOR CONCURRENCE BY Utah (Mr. HANSEN) and the gentleman law last year. HOUSE WITH AMENDMENT IN from American Samoa (Mr. Mr. Speaker, there are other opportu- SENATE AMENDMENT TO H.R. FALEOMAVAEGA) each will control 20 nities. H.R. 2737 of the gentleman from 150, EDUCATION LAND GRANT minutes. Illinois (Mr. COSTELLO) that was going ACT The Chair recognizes the gentleman to convey 39 acres of government land Mr. HANSEN. Mr. Speaker, I move to from Utah (Mr. HANSEN). for free to the State of Illinois. We suspend the rules and agree to the reso- Mr. HANSEN. Mr. Speaker, I yield talked about that one. As I am saying, lution (H. Res. 621) providing for the myself such time as I may consume.

VerDate 02-OCT-2000 06:56 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.205 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9619 On June 8, 1999, the House passed strongly opposes the language of the Finally, the total acreage to be con- H.R. 150, the Education Land Grant Senate amendment. veyed cannot exceed the amount rea- Act, by voice vote. Since that time, the Given the problems with the Senate sonably necessary for the proposed use. bill was amended in the other body. amendment, we do not object to dis- Furthermore, our new Education However, the committee nor the au- agreeing with the Senate language and Land Grant Act limits the amount of thor are agreeable to the amendments. returning the bill to the Senate with acreage to be conveyed to 80 acres. It Thus, this resolution strips the Senate the original House-passed provisions. also provides that conveyances under amendments and inserts the original Mr. Speaker, again I want to com- this legislation shall be for a nominal text as passed by the House. mend my friend from Arizona for this cost using the guidelines of the Recre- Mr. Speaker, H.R. 150 is a good piece legislation. I urge my colleagues to ation and Public Purposes Act, which of legislation that will help school chil- support the bill. allows for conveyances or transfers to dren in rural communities throughout Mr. Speaker, I reserve the balance of be made at $10 per acre. the country. I commend the gentleman my time. The bill would require expedited re- from Arizona (Mr. HAYWORTH) for his Mr. HANSEN. Mr. Speaker, I am view of applications by requiring the hard work on this bill. happy to yield such time as he may Secretary of Agriculture to acknowl- The Education Land Grant Act was consume to the gentleman from Ari- edge receipt of an application within 14 designed to alleviate a problem that zona (Mr. HAYWORTH), the author of days of receiving it. A final determina- many small western communities face. this bill. tion about whether to convey the land These towns are often hemmed in by (Mr. HAYWORTH asked and was must be made within 120 days, unless government-owned lands such as BLM given permission to revise and extend the Secretary submits a written notice land, Indian reservations, national for- his remarks.) to the applicant explaining the delay. Mr. Speaker, ofttimes rural school ests, State land and now all over the Mr. HAYWORTH. Mr. Speaker, I districts cannot afford the costs of buy- West national monuments, national thank the gentleman from Utah for ing land and building new school facili- parks, et cetera. Since so much of the yielding me this time. I would also ask ties. In fact, in the 104th Congress, I in- land base in these areas is nontaxable the indulgence of those who join us troduced legislation which was signed government land, they often find it dif- this evening as I battle a bit of a cold. into law that helped one of these afore- ficult to afford school facilities. b 2300 mentioned financially strapped school H.R. 150 was designed to help these Mr. Speaker, tonight before us is an districts, the Alpine School District in towns and cities surrounded by or adja- important bipartisan bill that will help Eastern Arizona. This district des- cent to Forest Service land. They school districts around the country by perately needed new facilities. How- would be able to buy parcels of land for allowing those districts to apply for ever, they could not afford the cost of school facilities from the Forest Serv- conveyances of small tracts of Forest acreage which was estimated to be ap- ice at nominal cost. We have the oppor- Service land at a nominal cost for the proximately one quarter of a million tunity to provide communities across purposes of building, renovating or ex- dollars, as well as the cost of new our great Nation with the ability to panding school facilities. school facilities. purchase public lands to facilitate the Currently, only school districts near This legislation seeks to set up a na- education of our youth. This is a good Bureau of Land Management lands can tional mechanism for school districts cause and a great idea. H.R. 150 is sim- apply for conveyances under the Recre- to apply to the Agriculture Secretary ply legislation that resolves an ex- ation and Public Purposes Act, and for Forest Service land without having tremely difficult problem for rural modeled after that act this legislation to come to Congress every year to pass school districts. I urge my colleagues simply adds Forest Service lands to the legislation for their particular school to support this resolution. equation. district. Indeed, Mr. Speaker, part and Mr. Speaker, I reserve the balance of It is worth noting, as my colleagues parcel of the exercise tonight is per- my time. have before me, that H.R. 150 unani- haps to an onlooker, Mr. Speaker, a Mr. FALEOMAVAEGA. Mr. Speaker, mously passed this House by a recorded crazy quilt of small applications or I yield myself such time as I may con- vote with 420 of us in attendance vot- conveyances of land. The beauty of the sume. ing yes; not a single voice, not a single new Education Land Grant Act is to (Mr. FALEOMAVAEGA asked and vote, Mr. Speaker, in opposition in offer a uniform mechanism that can be was given permission to revise and ex- June of last year. used. tend his remarks.) By unanimous consent, as was men- Mr. Speaker, I would point out that Mr. FALEOMAVAEGA. Mr. Speaker, tioned earlier, Mr. Speaker, the Senate although it is of special interest in the first of all I certainly want to com- passed an amendment in the nature of rural West, it is important to note that mend my good friend the gentleman a substitute to H.R. 150 and while this this legislation would help school dis- from Arizona (Mr. HAYWORTH), the was a bipartisan agreement, objections tricts in 44 of our 50 States. chief sponsor of this bill. have been raised. They were enumer- The Constitution gives our Congress Mr. Speaker, H.R. 621 would have the ated by my good friend, the gentleman authority in article IV, section 3 when effect of returning to the Senate the from American Samoa (Mr. it states that Congress shall have the House-passed language in the bill H.R. FALEOMAVAEGA). Therefore, by dis- power to dispose of and make needful 150, the Education Land Grant Act. The agreeing to the Senate amendments to rules and regulations respecting the House originally passed this measure H.R. 150, we can send the House-passed territory or other properties belonging in June of last year and the Senate bill back to the Senate in the form of to the United States. I mention the subsequently took up the bill and sent H. Res. 621 and send it directly to the conditions unique to the West. It has it back to the House in April of this President after the other body passes been part and parcel of discussion on year with an amendment. the legislation. earlier legislation tonight. Private The Senate amendment is a signifi- To recount, this new Education Land land in the West is extremely expen- cant change in the purpose and scope of Grant Act authorizes the Secretary of sive, and while it is true most federally H.R. 150 as passed by this body. There Agriculture to convey Forest Service controlled land is located in the west- are a number of serious problems with lands for educational purposes if cer- ern States, we also confront a problem the Senate amendment in terms of pol- tain conditions are met. First, the en- there: Rapidly growing populations. In icy and its application. Whereas the tity seeking the conveyance must use fact, Arizona, Utah and Nevada have House bill was narrowly focusing on the land for a public or publicly funded the three fastest growing States in the making land available for schools, the elementary or secondary school. Nation. With less and less private land Senate amendment greatly expands the Second, the conveyance must serve on which to build schools and other fa- authorized purposes, includes new de- the public interest. cilities, the West will increasingly need tailed language on the transfers and re- Third, the land conveyed cannot be to find new solutions to growth prob- verters as well as making a number of environmentally sensitive land and lems. The Education Land Grant Act other changes in the bill. It is our un- cannot be otherwise needed for pur- provides one of the ways we can allevi- derstanding that the administration poses of the national forest system. ate some of these concerns and at the

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.208 pfrm01 PsN: H10PT1 H9620 CONGRESSIONAL RECORD — HOUSE October 10, 2000 same time help our children receive The Clerk read as follows: viding greater flexibility on the place- the education they need and deserve. Senate amendment: ment of a plaque and by making sure Not only is there rapid growth in the Strike out all after the enacting clause and that this action is carried out in con- West but nationwide. As has been part insert: formance with the Commemorative of the discussion on this floor and in SECTION 1. PLACEMENT OF PLAQUE AT LINCOLN Works Act. other venues, many school districts MEMORIAL. Mr. Speaker, I want to note that our find themselves financially strapped. (a) PLACEMENT OF PLAQUE.— colleague, the gentleman from Georgia (1) IN GENERAL.—The Secretary of the Interior We have the opportunity tonight, in shall install in the area of the Lincoln Memorial (Mr. LEWIS) was present and was one of the tradition of Justin Smith Morrill, in the District of Columbia a suitable plaque to the speakers that day in the summer of who consulted with then candidate commemorate the speech of Martin Luther King, 1963 on the steps of the Lincoln Memo- Abraham Lincoln, in the election cam- Jr., known as the ‘‘I Have A Dream’’ speech. rial and was with Dr. King when ren- paign of 1860, for an Education Land (2) RELATION TO COMMEMORATIVE WORKS dering the ‘‘I Have a Dream’’ speech Grant Act that allowed for convey- ACT.—The Commemorative Works Act (40 U.S.C. that occurred at the Lincoln Memorial, ances of land for the construction and 1001 et seq.) shall apply to the design and place- which certainly had a profound impact establishment of institutions of higher ment of the plaque within the area of the Lin- not only on the civil rights movement coln Memorial. learning in the agricultural and me- (b) ACCEPTANCE OF CONTRIBUTIONS.— but I would say that this Member par- chanical arts, in that tradition that (1) IN GENERAL.—The Secretary of the Interior ticularly was very touched by the Lincoln made the centerpiece of his is authorized to accept and expand contribu- speech that Dr. King gave on that day. campaign for the presidency and, of tions toward the cost of preparing and installing I ask my colleagues to support this course, a terrible war intervened and the plaque, without further appropriation. Fed- measure. his assassination. Ultimately, the Mor- eral funds may be used to design, procure, or in- Mr. Speaker, I yield back the balance rill Land Grant Act was signed into stall the plaque. of my time. law. Indeed, from the vantage of time The SPEAKER pro tempore. Pursu- Mr. HANSEN. Mr. Speaker, I yield we see how important that was to high- ant to the rule, the gentleman from such time as she may consume to the er education in this country. Utah (Mr. HANSEN) and the gentleman gentlewoman from Kentucky (Mrs. Mr. Speaker, tonight we again have from American Samoa (Mr. NORTHUP), who has worked so dili- the opportunity to stand and deliver, FALEOMAVAEGA) each will control 20 gently on this legislation, and I com- and though it is virtually ignored by minutes. mend her for the good work she has the fourth estate, in retrospect, Mr. The Chair recognizes the gentleman done. Speaker, this legislation is of great im- from Utah (Mr. HANSEN). Mrs. NORTHUP. Mr. Speaker, this portance because it enables local dis- Mr. HANSEN. Mr. Speaker, I yield bill originated because one of my con- tricts to free up their precious re- myself such time as I may consume. stituents, Thomas Williams, came to sources to help teachers teach and help Mr. Speaker, I rise in strong support Washington, D.C. with his wife to see children learn. of H.R. 2879, introduced by the gentle- Washington, as so many Americans do. Certainly despite our many dif- woman from Kentucky (Mrs. NORTHUP). He wrote to me when he got home and ferences, as we take a look at the polit- H.R. 2879 would provide for the place- talked about the moving moments he ical calendar we can agree on that ment at the Lincoln Memorial of a had as he went around Washington basic mission. In the tradition of origi- plaque commemorating the speech of walking in the footsteps and being re- nal passage last year, unanimous pas- Martin Luther King, Jr., known as the minded of what a democracy this was sage by this House, I would ask this ‘‘I Have a Dream’’ speech. The plaque and some of our important leaders. House again to support this legislation would be placed in an appropriate loca- He wrote to me about what he now by calling for passage of H. Res. tion in the vicinity of the Lincoln Me- thought was missing, and I would like 621 so that this new Education Land morial where Dr. King delivered his fa- to share with you some of those words: Grant Act can become reality, so that mous civil rights speech on August 28, I looked for the spot on which Martin we can streamline this process for the 1963. This bill also directs the Sec- Luther King stood when he spoke. I greater good of all America’s children retary of the Interior to accept con- looked for a marker to remind me and in our finest traditions. tributions to help offset any costs asso- others that for a single moment on a Mr. FALEOMAVAEGA. Mr. Speaker, ciated with the preparation and place- hot August day a descendant of a slave I yield back the balance of my time. ment of the plaque. held the most prominent space in our Mr. HANSEN. Mr. Speaker, I yield Mr. Speaker, this is an important Nation and delivered words that will back the balance of my time. bill. It has bipartisan support. I urge always stay with that space. I could The SPEAKER pro tempore (Mr. all of my colleagues to support H.R. not find a marker or the words on RYAN of Wisconsin). The question is on 2879, as amended. those steps. And he goes on to say that the motion offered by the gentleman Mr. Speaker, I reserve the balance of markers such as this are reminders from Utah (Mr. HANSEN) that the House my time. that an ordinary space we sometimes suspend the rules and agree to the reso- Mr. FALEOMAVAEGA. Mr. Speaker, occupy can become forever changed by lution, H. Res. 621. I yield myself such time as I may con- the deeds of a person that has stood The question was taken; and (two- sume. there. thirds having voted in favor thereof) (Mr. FALEOMAVAEGA asked and Looking even further, he said, into the rules were suspended and the reso- was given permission to revise and ex- the future I saw a day when I could lution was agreed to. tend his remarks.) bring my yet unborn children to that A motion to reconsider was laid on Mr. FALEOMAVAEGA. Mr. Speaker, spot where Martin Luther King spoke the table. H.R. 2879 as passed by the House directs and I could show them that marker and f the Secretary of the Interior to insert read them the words of his dream. on the steps of the Lincoln Memorial a b PLACEMENT AT LINCOLN MEMO- plaque commemorating the speech of 2310 RIAL OF PLAQUE COMMEMO- Dr. Martin Luther King, Jr., known as ‘‘I could tell them that this is still a RATING SPEECH OF MARTIN LU- the ‘‘I Have a Dream’’ speech. nation where a simple Kentucky farm- THER KING, JR., KNOWN AS ‘‘I The bill originally passed the House er could rise to the heights of presi- HAVE A DREAM’’ SPEECH by a voice vote on November 9 of last dent, and that a son of a slave could in- Mr. HANSEN. Mr. Speaker, I move to year. The Senate passed the bill last spire future generations with the power suspend the rules and concur in the week and has returned the measure to of his words and his compassion.’’ Senate amendment to the bill (H.R. the House with an amendment. Mr. Speaker, this plaque gives us 2879) to provide for the placement at The Senate amendment makes a these memories. All of us see school- the Lincoln Memorial of a plaque com- number of clarifying and technical children that come to Washington each memorating the speech of Martin Lu- changes to the bill. We support these year. I reminded them that they are ther King, Jr., known as the ‘‘I Have a changes. In fact, we believe these not only visiting the past, walking in Dream’’ speech. changes strengthen the bill by pro- the footsteps of our history, but that

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.210 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9621 they are being filled with inspiration FALEOMAVAEGA) each will control 20 Lastly, the Fish and Wildlife Service for their futures and for their respon- minutes. fully attests to the accuracy of this sibilities as leaders to make this de- The Chair recognizes the gentleman new map. As a result, we have no objec- mocracy even better, to not be afraid from Utah (Mr. HANSEN). tions to this legislation as amended by to tackle the challenges, and to be part Mr. HANSEN. Mr. Speaker, I yield the other body to adopt the map dated of the goodness of this country. myself such time as I may consume. June 5 of this year. These children look for the markers, Mr. Speaker, H.R. 34 passed the This legislation falls within the look for the memories, that give them House by unanimous consent on No- realm of legitimate technical correc- this inspiration, give them example, vember 18, 1999. The other body made tions, and the bill is not controversial. and give them a belief that they, too, some technical amendments to the bill I urge my colleagues to support this can make a difference. which are acceptable to the sponsor of measure. So it is important that as they walk this bill. Mr. Speaker, I yield back the balance on the steps of the Lincoln Monument, The gentleman from Florida (Mr. of my time. that they not forget that very impor- GOSS) is to be commended for his deter- Mr. HANSEN. Mr. Speaker, I yield tant day and that very important lead- mination in getting this bill through back the balance of my time. er that Dr. Martin Luther King was to the process and to final passage. The SPEAKER pro tempore. The question is on the motion offered by this country. This bill corrects coastal maps which I think it is also important to thank labeled developed private property as the gentleman from Utah (Mr. HANSEN) that the House suspend the rules and my constituent, Tom Williams, who part of a State park. H.R. 34 adopts a concur in the Senate amendments to wanted the events of 1963 to come alive new map drawn by the Fish and Wild- life Service which correctly portrays H.R. 34. to all who toured the Lincoln Monu- The question was taken. the boundary of the Cayo Costa State ment. Today we honor his contribution Mr. FALEOMAVAEGA. Mr. Speaker, as an interested citizen, a citizen that Park in Florida. I object to the vote on the ground that This change is supported by the U.S. believed that he could make a sugges- a quorum is not present and make the Fish and Wildlife Service. Adopting the tion, and that that suggestion might point of order that a quorum is not have a powerful result. Senate amendments will clear this bill present. Finally, the movement of this legis- for the President. I strongly urge pas- The SPEAKER pro tempore. Pursu- lation also honors another man, Sen- sage of this legislation. ant to clause 8, rule XX and the Chair’s ator Paul Coverdell from Georgia, who Mr. Speaker, I reserve the balance of prior announcement, further pro- sponsored this legislation on the Sen- my time. ceedings on this motion will be post- ate side. Senator Coverdell’s death was Mr. FALEOMAVAEGA. Mr. Speaker, poned. a great loss to all of us this year, and I yield myself such time as I may con- The point of no quorum is considered we will miss him, but like the man we sume. withdrawn. are honoring here today, Senator (Mr. FALEOMAVAEGA asked and f Coverdell will also be fondly remem- was given permission to revise and ex- bered in our hearts. tend his remarks.) CAT ISLAND NATIONAL WILDLIFE Mr. HANSEN. Mr. Speaker, I have no Mr. FALEOMAVAEGA. Mr. Speaker, REFUGE further requests for time, and I yield I also want to commend the gentleman Mr. HANSEN. Mr. Speaker, I move to back the balance of my time. from Florida (Mr. GOSS) for his intro- suspend the rules and concur in the The SPEAKER pro tempore (Mr. duction of this legislation. Senate amendments to the bill (H.R. RYAN of Wisconsin). The question is on The Coastal Barrier Resources Act 3292) to provide for the establishment the motion offered by the gentleman established the sound policy that the of the Cat Island National Wildlife Ref- from Utah (Mr. HANSEN) that the House best way to protect coastal barriers uge in West Feliciana Parish, Lou- suspend the rules and concur in the was not to prohibit private develop- isiana. Senate amendment to the bill, H.R. ment, but instead, to remove Federal The Clerk read as follows: 2879. benefits and financial assistance that Senate amendments: encourage or subsidize such develop- Page 4, line 7, after ‘‘animals;’’ insert: The question was taken; and (two- ‘‘and’’. thirds having voted in favor thereof) ments. Page 4, strike out lines 8 through 11. the rules were suspended and the Sen- In general, this policy has been very Page 4, line 12, strike out ‘‘(6)’’ and insert: ate amendment was concurred in. successful. And that said, Mr. Speaker, ‘‘(5)’’. A motion to reconsider was laid on Congress has found the need from time Page 5, line 19, before ‘‘The’’ insert: ‘‘(a) IN the table. to time to correct technical errors re- GENERAL.—’’. vealed in the original Coastal Barrier Page 6, after line 2, insert: f (b) PRIORITY USES.—In providing opportu- System maps. nities for compatible fish- and wildlife-ori- COASTAL BARRIER RESOURCES As noted by the previous speaker, the ented recreation, the Secretary, in accord- SYSTEM CORRECTIONS House passed H.R. 34 last November ance with paragraphs (3) and (4) of section Mr. HANSEN. Mr. Speaker, I move to without objection. At the request of 4(a) of the National Wildlife Refuge System suspend the rules and concur in the the other body, the Fish and Wildlife Administration Act of 1966 (16 U.S.C. Senate amendments to the bill (H.R. Service completed a digital analysis of 668dd(a)), shall ensure that hunting, fishing, 34) to direct the Secretary of the Inte- public land holdings on North Captiva wildlife observation and photography, and environmental education and interpretation rior to make technical corrections to a Island that are presently included in are the priority public uses of the Refuge. map relating to the Coastal Barrier Re- the otherwise protected area labeled as Page 6, after line 11, insert: sources System. P–19P. SEC. 8. DESIGNATION OF HERBERT H. BATEMAN The Clerk read as follows: The new map was developed by the EDUCATION AND ADMINISTRATIVE Senate amendments: Fish and Wildlife Service to depict CENTER. Page 2, line 9, strike out all after ‘‘Sys- more detailed analysis. This new map, (a) IN GENERAL.—A building proposed to be tem’’,’’ down to and including ‘‘tives.’’ in located within the boundaries of the dated June 5 of this year, was adopted Chincoteague National Wildlife Refuge, on line 11 and insert ‘‘dated June 5, 2000’’. by the other body when it passed H.R. Page 2, after line 18, insert: Assateague Island, Virginia, shall be known ‘‘(c) AVAILABILITY.—The Secretary of the 34 last week. It is our understanding and designated as the ‘‘Herbert H. Bateman Interior shall keep the map descried in sub- that this new map has not changed in Education and Administrative Center’’. section (b) on file and available for public in- any way the corrected boundaries for (b) REFERENCES.—Any reference in a law, spection in accordance with section 4(b) of Cayo Costa State Park. map, regulation, document, paper, or other the Coastal Barrier Resources Act (16 U.S.C. Furthermore, we understand that record of the United States to the building 3503(b)).’’ referred to in subsection (a) shall be deemed these digital clarifications have not re- to be a reference to the Herbert H. Bateman The SPEAKER pro tempore. Pursu- moved any area from either the other- Education and Administrative Center. ant to the rule, the gentleman from wise protected area of P–19P or from SEC. 9. TECHNICAL CORRECTIONS. Utah (Mr. HANSEN) and the gentleman the adjacent coastal barrier resources (a) Effective on the day after the date of from American Samoa (Mr. system unit, P–19. enactment of the Act entitled, ‘‘An Act to

VerDate 02-OCT-2000 06:56 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.213 pfrm01 PsN: H10PT1 H9622 CONGRESSIONAL RECORD — HOUSE October 10, 2000 reauthorize the Junior Duck Stamp Con- Mr. FALEOMAVAEGA. Mr. Speaker, This legislation would establish the servation and Design Program Act of 1994’’ I rise in support of H.R. 3292, a bill area known as Saint Helena Island in (106th Congress), section 6 of the Junior sponsored by the gentleman from Lou- the State of Michigan as a National Duck Stamp Conservation and Design Pro- gram Act of 1994 (16 U.S.C. 668dd note; Public isiana (Mr. BAKER), a bill that would Scenic Area to be included in the Hia- Law 103–340), relating to an environmental establish the Cat Island National Wild- watha National Forest. education center and refuge, is redesignated life Refuge in the State of Louisiana. H.R. 468 passed the House under sus- as section 7. The biological diversity and ecological pension of the rules on September 21, (b) Effective on the day after the date of significance of these resources will be a 1999, by a recorded vote of 410–2. enactment of the Cahaba River National valuable addition to our national wild- The Senate has returned this bill to Wildlife Refuge Establishment Act (106th life refuge system. the House with a technical amendment Congress), section 6 of that Act is amended— that clarifies the plan amendment (1) in paragraph (2), by striking ‘‘the En- We reviewed the amendments and technical corrections that were added process for management of the area. dangered Species Act of 1973 (16 U.S.C. 1331 et Mr. Speaker, I urge passage of Saint seq.)’’ and inserting ‘‘the Endangered Species to this legislation by the other body, Act of 1973 (16 U.S.C. 1531 et seq.)’’; and and we find them helpful and non- Helena National Scenic Area, as (2) in paragraph (3), by striking ‘‘section controversial. Consequently, we have amended, by the Senate. 4(a)(3) and (4) of the National Wildlife Refuge no objections in passing this amended Mr. Speaker, I reserve the balance of System Administration Act of 1966 (16 U.S.C. bill. my time. Mr. FALEOMAVAEGA. Mr. Speaker, 668ee(a)(3), (4))’’ and inserting ‘‘paragraphs Mr. Speaker, it is my understanding (3) and (4) of section 4(a) of the National I yield myself such time as I may con- that the administration fully supports Wildlife Refuge System Administration Act sume. of 1966 (16 U.S.C. 668dd(a))’’. the provisions of this bill, and I urge Mr. Speaker, I rise in support of this (c) Effective on the day after the date of my colleagues to support the bill. legislation. enactment of the Red River National Wild- Mr. Speaker, I yield back the balance H.R. 468 authorizes the Secretary of life Refuge Act (106th Congress), section of my time. 4(b)(2)(D) of that Act is amended by striking Agriculture to acquire from willing Mr. HANSEN. Mr. Speaker, I yield sellers most of Saint Helena Island for ‘‘section 4(a)(3) and (4) of the National Wild- back the balance of my time. life Refuge System Administration Act of management as a National Scenic The SPEAKER pro tempore (Mr. 1966 (16 U.S.C. 668ee(a)(3), (4))’’ and inserting Area. The nearly 270-acre island, which ‘‘paragraphs (3) and (4) of section 4(a) of the RYAN of Wisconsin). The question is on sits a couple of miles offshore from the National Wildlife Refuge System Adminis- the motion offered by the gentleman Hiawatha National Forest shoreline in tration Act of 1966 (16 U.S.C. 668dd(a))’’. from Utah (Mr. HANSEN) that the House northern Lake Michigan, is rich in eco- The SPEAKER pro tempore. Pursu- suspend the rules and concur in the logical and cultural resources. ant to the rule, the gentleman from Senate amendments to the bill, H.R. The small bit of acreage that does Utah (Mr. HANSEN) and the gentleman 3292. not convey to the Forest Service is from American Samoa (Mr. The question was taken. owned by the Great Lakes Lighthouse FALEOMAVAEGA) each will control 20 Mr. FALEOMAVAEGA. Mr. Speaker, Keepers Association. This bill over- minutes. I object to the vote on the ground that whelmingly was passed by the House in The Chair recognizes the gentleman a quorum is not present and make the September of last year; and in October from Utah (Mr. HANSEN). point of order that a quorum is not of this year, the Senate unanimously Mr. HANSEN. Mr. Speaker, I yield present. passed it with a minor amendment. myself such time as I may consume. The SPEAKER pro tempore. Pursu- Mr. Speaker, I urge my colleagues to Mr. Speaker, I rise in support of H.R. ant to clause 8, rule XX and the Chair’s support this bill. 3292, which will establish the Cat Is- prior announcement, further pro- Mr. Speaker, I reserve the balance of land National Wildlife Refuge near ceedings on this motion will be post- my time. Baton Rouge, Louisiana, represented poned. Mr. HANSEN. Mr. Speaker, I reserve by our colleague, the gentleman from The point of no quorum is considered the balance of my time. Louisiana (Mr. BAKER). withdrawn. Mr. FALEOMAVAEGA. Mr. Speaker, Under the terms of this legislation, f I yield myself such time as I may con- the Secretary of the Interior is di- sume. rected to acquire by purchase or dona- SAINT HELENA ISLAND NATIONAL Mr. Speaker, I want to note the par- tion up to 36,000 acres of land that will SCENIC AREA ticular good work of the gentleman form the basis of this new exciting ref- Mr. HANSEN. Mr. Speaker, I move to from Michigan (Mr. KILDEE), my good uge. suspend the rules and concur in the friend and colleague, certainly for his b 2320 Senate amendment to the bill (H.R. leadership and for his sponsorship of 468) to establish the Saint Helena Is- The House considered and approved this important piece of legislation. land National Scenic Area. this measure by voice vote. The other Mr. KILDEE. Mr. Speaker, on February 25, The Clerk read as follows: 1999, I introduced H.R. 468, the St. Helena Is- body adopted a few technical amend- Senate amendment: ments which we concur in today. In ad- land National Scenic Area Act, and I am Page 4, line 1, strike out all after ‘‘RE- pleased that several of my colleagues from dition, an additional amendment was QUIREMENTS.—’’ down to and including ‘‘For- added naming the visitors center at the est.’’ in line 5 and insert ‘‘Within 3 years of Michigan joined me as cosponsors of this ef- Chincoteague National Wildlife Refuge the acquisition of 50 percent of the land au- fort. As many of you know, the House origi- in Virginia after our former colleague, thorized for acquisition under section 7, the nally passed the legislation in September of the late Herb Bateman. Congressman Secretary shall develop an amendment to 1999. Our colleagues on the Senate side Herb Bateman’s tireless commitment the land and resources management plan for added an amendment at the request of the to what he called America’s First Dis- the Hiawatha National Forest which will di- National Forest Service. I have no problem rect management of the scenic area.’’ trict was legendary. This is a fitting with this change, and I am pleased that we tribute to an outstanding man. I urge The SPEAKER pro tempore. Pursu- are approving the final version of the bill the adoption of H.R. 3292. I compliment ant to the rule, the gentleman from today, clearing the way for its passage into the author, the gentleman from Lou- Utah (Mr. HANSEN) and the gentleman law. isiana (Mr. BAKER) for his superb lead- from American Samoa (Mr. First of all, I would like to thank Chairwoman ership in shepherding this legislation FALEOMAVAEGA) each will control 20 CHENOWETH-HAGE and Chairman YOUNG for through the legislative process. minutes. their help in bringing H.R. 468 to the floor of Mr. Speaker, I reserve the balance of The Chair recognizes the gentleman the House. I also appreciate the work of the my time. from Utah (Mr. HANSEN). Ranking Members, ADAM SMITH and GEORGE Mr. FALEOMAVAEGA. Mr. Speaker, Mr. HANSEN. Mr. Speaker, I yield MILLER. Furthermore, I wish to thank the ma- I yield myself such time as I may con- myself such time as I may consume. jority and minority staff for their work on this sume. Mr. Speaker, H.R. 468, the Saint Hel- effort. During committee consideration, I was (Mr. FALEOMAVAEGA asked and ena Island National Scenic Area, was pleased to work with both the majority and mi- was given permission to revise and ex- introduced by our colleague, the gen- nority to make technical and clarifying amend- tend his remarks.) tleman from Michigan (Mr. KILDEE). ments, and I believe this resulted in a good

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00116 Fmt 4634 Sfmt 9920 E:\CR\FM\A10OC7.142 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9623 piece of legislation, worthy of bipartisan sup- has been made on the part of the Los Angeles dren in South Gate, California, with port. Unified School District to relocate Tweedy temporary educational facilities. I H.R. 468 is simpleÐit authorizes the pur- Elementary School. commend the gentlewoman from Cali- (6) In addition to the long-delayed Tweedy fornia (Ms. ROYBAL-ALLARD), my col- chases of St. Helena Island from the willing Elementary School relocation, recent stud- sellers of the Brown and Hammond families. ies have identified the need for additional league, for her hard work in bringing The island would become part of the Hiawatha educational facilities in the city of South this legislation to the floor. I apologize National Forest, which would manage the is- Gate, including a new high school, junior for keeping her for so long on the floor. land as a national scenic area, and the island high, and three primary centers in the near In 1988, the Los Angeles Board of would be open to the public for recreational future. Education voted to close Tweedy Ele- use. (7) The lack of commitment, oversight, and mentary School in the city of South I thank all of my colleagues for their support accountability in finding a new site for Gate, California, due to concerns about Tweedy Elementary School must be cor- health risks at the site of the school. of this effort. rected in any further lease extension, and a Mr. FALEOMAVAEGA. Mr. Speaker, The school was relocated to South similar situation also must be avoided in ad- Gate Park on park land that was origi- I have no further requests for time, and dressing the construction of other education I yield back the balance of my time. facilities in the City of South Gate. nally acquired with amounts provided by the Secretary of the Interior from Mr. HANSEN. Mr. Speaker, I yield SEC. 2. CONTINUATION OF TEMPORARY USE OF back the balance of my time. PARK LANDS FOR ELEMENTARY the Land and Water Conservation The SPEAKER pro tempore. The SCHOOL PURPOSES, SOUTH GATE, Fund. question is on the motion offered by CALIFORNIA. On October 23, 2000, the lease with Notwithstanding section 6(f)(3) of the Land the city that allowed the Los Angeles the gentleman from Utah (Mr. HANSEN) and Water Conservation Fund Act of 1965 (16 that the House suspend the rules and Unified School District to operate the U.S.C. 460l–8(f)(3)), the city of South Gate, school on park land will expire. Little concur in the Senate amendment to California, may extend until October 23, 2004, progress has been made on the part of the bill, H.R. 468. the lease between the city of South Gate and The question was taken. the Los Angeles Unified School District, the Los Angeles Unified School Dis- Mr. HANSEN. Mr. Speaker, I object dated June 8, 1988, and otherwise subject to trict to relocate Tweedy Elementary to the vote on the ground that a expire on October 23, 2000, pursuant to Public School. H.R. 5083 would authorize the city of quorum is not present and make the Law 102–443 (106 Stat. 2244), regarding the use of approximately three acres of South Gate South Gate, California, to extend the point of order that a quorum is not Park as the temporary site for Tweedy Ele- lease between the city of South Gate present. mentary School. and the Los Angeles Unified School The SPEAKER pro tempore. Pursu- SEC. 3. REPORT ON PROGRESS TO RELOCATE District as the temporary site for the ant to clause 8, rule XX and the Chair’s TWEEDY ELEMENTARY SCHOOL AND Tweedy Elementary School until Octo- OTHER SCHOOL CONSTRUCTION. prior announcement, further pro- ber 23, 2004. ceedings on this motion will be post- (a) PERIODIC REPORTS REQUIRED.—As a con- dition on the extension of the lease referred As a condition of the extension of the poned. lease, the president of the Board of The point of no quorum is considered to in section 1 beyond October 23, 2000, the President of the Board of Education for the Education for the Los Angeles Unified withdrawn. Los Angeles Unified School District shall re- School District shall require the prepa- f quire the preparation of periodic reports de- ration of periodic reports describing scribing— the progress made to relocate Tweedy EXTENDING AUTHORITY OF LOS (1) the progress being made to relocate Elementary School from South Gate ANGELES UNIFIED SCHOOL DIS- Tweedy Elementary School from South Gate Park to a permanent location. TRICT Park to a permanent location; and It will also require the preparation of Mr. HANSEN. Mr. Speaker, I move to (2) the School District’s construction plans periodic reports describing the school for a new high school, middle school, and 3 suspend the rules and pass the bill primary centers in the city of South Gate, district’s construction plans for a new (H.R. 5083) to extend the authority of California. high school, middle school and three the Los Angeles Unified School Dis- (b) ELEMENTS OF REPORT.—Each report primary centers in the city of South trict to use certain park lands in the under subsection (a) shall describe— Gate, California. These reports shall be city of South Gate, California, which (1) the progress being made in site selec- submitted to the city manager of were acquired with amounts provided tion and acquisition, facility design, and South Gate, to the Congress, and the from the land and water conservation construction; and Los Angeles Board of Education. fund, for elementary school purposes. (2) any factors hindering either the reloca- This is a worthy cause that will pro- tion of Tweedy Elementary School or vide the students in South Gate, Cali- The Clerk read as follows: progress on the School District’s other con- H.R. 5083 struction plans for the city of South Gate. fornia, with essential educational fa- Be it enacted by the Senate and House of Rep- (c) SUBMISSION.—The reports required by cilities. H.R. 5083 is simple legislation resentatives of the United States of America in subsection (a) shall be submitted to the City that resolves a very difficult problem Congress assembled, Manager of the city of South Gate, the Con- for these students. I urge my col- SECTION 1. FINDINGS. gress, the Los Angeles Board of Education, leagues to support this legislation. Congress finds the following: and Padres Unidos Pro Nuevas Escuelas. The Mr. Speaker, I reserve the balance of (1) In 1988, the Los Angeles Board of Edu- first report shall be submitted not later than my time. cation voted to close Tweedy Elementary May 1, 2001, and subsequent reports shall be Mr. FALEOMAVAEGA. Mr. Speaker, School in the city of South Gate, California, submitted every six months thereafter dur- I yield myself such time as I may con- ing the term of the extended lease. due to concerns about health risks at the sume. site of the school. The SPEAKER pro tempore. Pursu- (Mr. FALEOMAVAEGA asked and (2) The school was temporarily relocated to ant to the rule, the gentleman from was given permission to revise and ex- South Gate Park on park land that was Utah (Mr. HANSEN) and the gentleman tend his remarks.) originally acquired with amounts provided from American Samoa (Mr. Mr. FALEOMAVAEGA. Mr. Speaker, by the Secretary of the Interior from the FALEOMAVAEGA) each will control 20 land and water conservation fund. I wanted to thank the gentleman from (3) In March 1991, the lease with the city minutes. Utah (Mr. HANSEN), my good friend, for that allowed the Los Angeles Unified School The Chair recognizes the gentleman his management of these pieces of leg- District to operate the school on park land from Utah (Mr. HANSEN). islation. I want to also offer my apolo- expired, and no progress had been made in Mr. HANSEN. Mr. Speaker, I yield gies to the gentlewoman from Cali- constructing new facilities to relocate the myself such time as I may consume. fornia (Ms. ROYBAL-ALLARD), our col- school and its students. Mr. Speaker, H.R. 5083 extends the league, who has been so patient in (4) In 1992, Congress enacted Public Law authority of the Los Angeles Unified wanting to get this bill that she has 102–443 (106 Stat. 2244), which authorized an School District to use certain park eight-year extension in the lease for the use worked so hard in her efforts to provide of the park land pending the construction of lands in the city of South Gate, Cali- legislation for, H.R. 5083. the new school. fornia, for elementary school purposes. Mr. Speaker, I yield such time as she (5) This eight-year extension is due to ex- Mr. Speaker, H.R. 5083 is a good piece may consume to the gentlewoman from pire on October 23, 2000, and little progress of legislation that provides school chil- California (Ms. ROYBAL-ALLARD).

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.146 pfrm01 PsN: H10PT1 H9624 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Ms. ROYBAL-ALLARD. Mr. Speaker, Such an extension is necessary be- Mr. FALEOMAVAEGA. I am glad to I thank the gentleman from American cause the school district has thus far yield to the gentleman from Utah. Samoa (Mr. FALEOMAVAEGA) for yield- failed to relocate the elementary Mr. HANSEN. Mr. Speaker, I would ing the time to me. school to a permanent site. The ele- like to associate myself with the re- Mr. Speaker, I also want to thank mentary school was originally moved marks made by the gentleman from the gentleman from Alaska (Chairman onto local park land in 1988 because of American Samoa (Mr. FALEOMAVAEGA) YOUNG) and the gentleman from Cali- concern with health risks associated concerning our late colleague, BRUCE fornia (Mr. MILLER), the ranking mem- with the former school site. VENTO. I also served with him for many ber of the Committee on Resources, In 1992, Public law 102–443 was en- years and was ranking member when and the gentleman from Utah (Chair- acted that allowed an 8-year extension he was chairman. We have lost a good of the lease of three acres of the local man HANSEN) and the gentleman from´ friend and a very fine legislator. Puerto Rico (Mr. ROMERO-BARCELO), park for elementary school purposes. Mr. FALEOMAVAEGA. Mr. Speaker, the ranking member of the Sub- That lease extension is set to expire on I thank the gentleman for his kind committee on National Parks and Pub- October 23 of this year. Without that comments. lic Lands, for bringing H.R. 5083 to the additional extension, the elementary Mr. Speaker, I yield back the balance floor. school will be in a precarious situation. of my time. This legislation addresses an urgent Mr. Speaker, it is, indeed, unfortu- The SPEAKER pro tempore (Mr. need for hundreds of children who at- nate that the Los Angeles Unified RYAN of Wisconsin). The question is on tend Tweedy Elementary School in my School District has thus far failed to the motion offered by the gentleman congressional district. provide a new permanent facility for from Utah (Mr. HANSEN) that the House As the gentleman from Utah (Chair- the elementary school. We support the suspend the rules and pass the bill, man HANSEN) mentioned, in 1988 the extension provided in the provisions of H.R. 5083. Los Angeles Board of Education closed this bill. I urge my colleagues to sup- The question was taken. Tweedy Elementary School in South port the provisions of this bill. Mr. HANSEN. Mr. Speaker, I object Mr. Speaker, if I may not detract too Gate, California, due to health risks to the vote on the ground that a far from the pieces of legislation that from environmental contamination at quorum is not present and make the the gentleman from Utah (Chairman the school site. point of order that a quorum is not HANSEN) and I have tried earnestly to Consequently, the school was moved present. complete this evening, I really think I to South Gate Park located on Federal would be remiss if I did not share with The SPEAKER pro tempore. Pursu- land, until a new school could be built. my colleagues that, 2 days from now, ant to clause 8, rule XX and the Chair’s To enable Tweedy Elementary stu- that our colleagues will be going to the prior announcement, further pro- dents to attend school in their commu- State of Minnesota to express our sense ceedings on this motion will be post- nity, Congress approved a lease, at fair of condolences to the great gentleman, poned. market value, between the city of the Congressman from Minnesota, my The point of no quorum is considered South Gate and the Los Angeles Uni- good friend and former chairman of the withdrawn. fied School District. Subcommittee on National Parks and f The current lease, as was mentioned, Public Lands, the late Congressman is going to expire this fall. GENERAL LEAVE BRUCE VENTO. Mr. Speaker, since L.A. Unified is If ever my colleagues in this Cham- Mr. HANSEN. Mr. Speaker, I ask still in the process of replacing Tweedy ber, when we talk about national unanimous consent that all Members Elementary, this bill extends the cur- parks, when we talk about public may have 5 legislative days within rent lease 4 years to allow L.A. Unified lands, when we talk about scenic trails, which to revise and extend their re- time to construct the new school. when we talk about wildlife refuge, marks on H.R. 2389, H.R. 4345, H.R. 4656, b 2330 when we talk about historic preserva- H. Res. 621, H.R. 150, H.R. 2879, H.R. tion, historic sites, perhaps two words 3292, H.R. 468 and H.R. 5083. As a condition of the extension, the The SPEAKER pro tempore. Is there bill requires a school district to pro- come out more starkly, very, very clear in my mind when we think of this objection to the request of the gen- vide progress reports twice a year to great American, the son of Minnesota, tleman from Utah? the City of South Gate, to Congress, Congressman BRUCE VENTO. There was no objection. and, most importantly, to the parents When we talk about conservation and f of Tweedy students. the environment, I think of the legacy b 2355 With no available alternative site, that this gentleman has left us in this passage of this measure is essential to Chamber and the tremendous amount TRANSPORTATION RECALL EN- ensure that the children of Tweedy are of energy and work that he has com- HANCEMENT, ACCOUNTABILITY, not evicted and their education is not mitted on behalf of our Nation. AND DOCUMENTATION (TREAD) disrupted while LAUSD constructs a When we talk about conservation en- ACT permanent replacement site. vironment, there is also another gen- Mr. TAUZIN. Mr. Speaker, I move to For the children of South Gate, I tleman I want to recognize, the unsung suspend the rules and pass the bill urge my colleagues to pass this criti- heroes. I say a lot of times that when (H.R. 5164) to amend title 49, United cally needed legislation. I would like to we do things as Members that we do States Code, to require reports con- thank the gentleman from Utah (Chair- not give credit which is due. This is my cerning defects in motor vehicles or man HANSEN) for his support of this good friend Rick Healy, who, for many tires or other motor vehicle equipment very important measure. years, served as staff director to Con- in foreign countries, and for other pur- Mr. HANSEN. Mr. Speaker, I yield gressman BRUCE VENTO and doing such poses, as amended. back the balance of my time. a fantastic, tremendous job in passing The Clerk read as follows: Mr. FALEOMAVAEGA. Mr. Speaker some 300 pieces of legislation during H.R. 5164 I yield myself such time as I may con- Congressman VENTO’s tenure as chair- sume. man of the Subcommittee on National Be it enacted by the Senate and House of Rep- Mr. Speaker, H.R. 5083, as introduced resentatives of the United States of America in Parks and Public Lands. Congress assembled, by the gentlewoman from California I want to let him know that cer- SECTION 1. SHORT TITLE. (Ms. ROYBAL-ALLARD) would extend for tainly this Member and certainly my a period of 4 years a lease that allows This Act may be cited as the ‘‘Transpor- colleagues in the Chamber want to ex- tation Recall Enhancement, Accountability, the Los Angeles Unified School Dis- press our sense of appreciation to Rick and Documentation (TREAD) Act’’. trict to operate an elementary school for the outstanding job that he has SEC. 2. PRESERVATION OF SECTION 30118. on the park land in the City of South done with the national parks and pub- The amendments made to section 30118 of Gate, California that was acquired with lic land issues. title 49, United States Code, by section 364 of monies from the Federal Land and Mr. HANSEN. Mr. Speaker, will the the Department of Transportation and Re- Water Conservation Fund. gentleman yield? lated Agencies Appropriations Act, 2001 are

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repealed and such section shall be effective of motor vehicles or motor vehicle equip- ‘‘(2) DEFECT OR NONCOMPLIANCE REMEDIED as if such amending section had not been en- ment to report, periodically or upon request OR ORDER NOT IN EFFECT.—Regulations acted. of the Secretary, such information as the under paragraph (1) shall not require the re- SEC. 3. REPORTING REQUIREMENTS. Secretary may request. porting described in paragraph (1) where be- (a) DEFECTS IN FOREIGN COUNTRIES.—Sec- ‘‘(C) REPORTING OF POSSIBLE DEFECTS.—The fore delivery under a sale or lease of a tire— tion 30166 of title 49, United States Code, is manufacturer of a motor vehicle or motor ‘‘(A) the defect or noncompliance of the amended by adding at the end the following: vehicle equipment shall report to the Sec- tire is remedied as required by section 30120; ‘‘(l) REPORTING OF DEFECTS IN MOTOR VEHI- retary, in such manner as the Secretary es- or CLES AND PRODUCTS IN FOREIGN COUNTRIES.— tablishes by regulation, all incidents of ‘‘(B) notification of the defect or non- ‘‘(1) REPORTING OF DEFECTS, MANUFACTURER which the manufacturer receives actual no- compliance is required under section 30118(b) tice which involve fatalities or serious inju- DETERMINATION.—Not later than 5 working but enforcement of the order is restrained or days after determining to conduct a safety ries which are alleged or proven to have been the order is set aside in a civil action to recall or other safety campaign in a foreign caused by a possible defect in such manufac- which section 30121(d) applies.’’. country on a motor vehicle or motor vehicle turer’s motor vehicle or motor vehicle equip- (d) INSURANCE STUDY.—The Secretary of equipment that is identical or substantially ment in the United States, or in a foreign Transportation shall conduct a study to de- similar to a motor vehicle or motor vehicle country when the possible defect is in a termine the feasibility and utility of obtain- motor vehicle or motor vehicle equipment equipment offered for sale in the United ing aggregate information on a regular and that is identical or substantially similar to a States, the manufacturer shall report the de- periodic basis regarding claims made for pri- motor vehicle or motor vehicle equipment termination to the Secretary. vate passenger automobile accidents from offered for sale in the United States. ‘‘(2) REPORTING OF DEFECTS, FOREIGN GOV- persons in the business of providing private ‘‘(4) HANDLING AND UTILIZATION OF REPORT- ERNMENT DETERMINATION.—Not later than 5 passenger automobile insurance or of adjust- ING ELEMENTS.— working days after receiving notification ing insurance claims for such automobiles. ‘‘(A) SECRETARY’S SPECIFICATIONS.—In re- that the government of a foreign country has Not later than 120 days after the date of en- quiring the reporting of any information re- determined that a safety recall or other safe- actment of this Act, the Secretary shall quested by the Secretary under this sub- ty campaign must be conducted in the for- transmit the results of such study to the section, the Secretary shall specify in the Committee on Commerce of the House of eign country on a motor vehicle or motor ve- final rule promulgated under paragraph (1)— hicle equipment that is identical or substan- Representatives and the Committee on Com- ‘‘(i) how such information will be reviewed merce, Science, and Transportation of the tially similar to a motor vehicle or motor and utilized to assist in the identification of vehicle equipment offered for sale in the Senate. defects related to motor vehicle safety; SEC. 4. REMEDIES WITHOUT CHARGE. United States, the manufacturer of the ‘‘(ii) the systems and processes the Sec- motor vehicle or motor vehicle equipment Section 30120(g)(1) of title 49, United States retary will employ or establish to review and Code, is amended by— shall report the determination to the Sec- utilize such information; and retary. (1) striking ‘‘8 calendar years’’ and insert- ‘‘(iii) the manner and form of reporting ing ‘‘10 calendar years’’; and ‘‘(3) REPORTING REQUIREMENTS.—The Sec- such information, including in electronic retary shall prescribe the contents of the no- (2) striking ‘‘3 calendar years’’ and insert- form. ing ‘‘5 calendar years’’. tification required by this subsection.’’. ‘‘(B) INFORMATION IN POSSESSION OF MANU- SEC. 5. PENALTIES. (b) EARLY WARNING REPORTING REQUIRE- FACTURER.—The regulations promulgated by (a) CIVIL PENALTIES.—Section 30165(a) of MENTS.—Section 30166, of title 49, United the Secretary under paragraph (1) may not title 49, United States Code, is amended to States Code, is amended by adding at the end require a manufacturer of a motor vehicle or read as follow: the following: motor vehicle equipment to maintain or sub- ‘‘(a) CIVIL PENALTIES.— ‘‘(m) EARLY WARNING REPORTING REQUIRE- mit records respecting information not in ‘‘(1) IN GENERAL.—A person that violates MENTS.— the possession of the manufacturer. ‘‘(1) RULEMAKING REQUIRED.—Not later any of sections 30112, 30115, 30117 through ‘‘(C) DISCLOSURE.—None of the information 30122, 30123(d), 30125(c), 30127, or 30141 through than 120 days after the date of enactment of collected pursuant to the final rule promul- the Transportation Recall Enhancement, Ac- 30147, or a regulation prescribed thereunder, gated under paragraph (1) shall be disclosed is liable to the United States Government countability, and Documentation (TREAD) pursuant to section 30167(b) unless the Sec- Act, the Secretary shall initiate a rule- for a civil penalty of not more than $5,000 for retary determines the disclosure of such in- each violation. A separate violation occurs making proceeding to establish early warn- formation will assist in carrying out sections ing reporting requirements for manufactur- for each motor vehicle or item of motor ve- 30117(b) and 30118 through 30121. hicle equipment and for each failure or re- ers of motor vehicles and motor vehicle ‘‘(D) BURDENSOME REQUIREMENTS.—In pro- equipment to enhance the Secretary’s ability fusal to allow or perform an act required by mulgating the final rule under paragraph (1), any of those sections. The maximum penalty to carry out the provisions of this chapter. the Secretary shall not impose requirements ‘‘(2) DEADLINE.—The Secretary shall issue under this subsection for a related series of unduly burdensome to a manufacturer of a violations is $15,000,000. a final rule under paragraph (1) not later motor vehicle or motor vehicle equipment, ‘‘(2) SECTION 30166.—A person who violates than June 30, 2002. taking into account the manufacturer’s cost ‘‘(3) REPORTING ELEMENTS.— section 30166 or a regulation prescribed under of complying with such requirements and the that section is liable to the United States ‘‘(A) WARRANTY AND CLAIMS DATA.—As part Secretary’s ability to use the information of the final rule promulgated under para- Government for a civil penalty for failing or sought in a meaningful manner to assist in refusing to allow or perform an act required graph (1), the Secretary shall require manu- the identification of defects related to motor facturers of motor vehicles and motor vehi- under that section or regulation. The max- vehicle safety. imum penalty under this paragraph is $5,000 cle equipment to report, periodically or upon ‘‘(5) PERIODIC REVIEW.—As part of the final request by the Secretary, information which per violation per day. The maximum penalty rule promulgated pursuant to paragraph (1), under this paragraph for a related series of is received by the manufacturer derived from the Secretary shall specify procedures for foreign and domestic sources to the extent daily violations is $15,000,000.’’. the periodic review and update of such (b) CRIMINAL PENALTIES.— that such information may assist in the rule.’’. identification of defects related to motor ve- (1) IN GENERAL.—Subchapter IV of chapter (c) SALE OR LEASE OF DEFECTIVE OR NON- 301 of title 49, United States Code, is amend- hicle safety in motor vehicles and motor ve- COMPLIANT TIRE.—Section 30166 of title 49, ed by adding at the end the following: hicle equipment in the United States and United States Code, as amended by sub- which concerns— section (b), is amended by adding at the end ‘‘§ 30170. Criminal Penalties. ‘‘(i) data on claims submitted to the manu- the following: ‘‘(a) CRIMINAL LIABILITY FOR FALSIFYING OR facturer for serious injuries (including ‘‘(n) SALE OR LEASE OF DEFECTIVE OR NON- WITHHOLDING INFORMATION.— death) and aggregate statistical data on COMPLIANT TIRE.— ‘‘(1) GENERAL RULE.—A person who violates property damage from alleged defects in a ‘‘(1) IN GENERAL.—The Secretary shall, section 1001 of title 18 with respect to the re- motor vehicle or in motor vehicle equip- within 90 days of the date of enactment of porting requirements of section 30166, with ment; or the Transportation Recall Enhancement, Ac- the specific intention of misleading the Sec- ‘‘(ii) customer satisfaction campaigns, con- countability, and Documentation (TREAD) retary with respect to motor vehicle or sumer advisories, recalls, or other activity Act, issue a final rule requiring any person motor vehicle equipment safety related de- involving the repair or replacement of motor who knowingly and willfully sells or leases fects that have caused death or serious bod- vehicles or items of motor vehicle equip- for use on a motor vehicle a defective tire or ily injury to an individual, (as defined in sec- ment. a tire which is not compliant with an appli- tion 1365(g)(3) of title 18), shall be subject to ‘‘(B) OTHER DATA.—As part of the final rule cable tire safety standard with actual knowl- criminal penalties of a fine under title 18, or promulgated under paragraph (1), the Sec- edge that the manufacturer of such tire has imprisoned for not more than 15 years, or retary may, to the extent that such informa- notified its dealers of such defect or non- both. tion may assist in the identification of de- compliance as required under section 30118(c) ‘‘(2) SAFE HARBOR TO ENCOURAGE REPORTING fects related to motor vehicle safety in or as required by an order under section AND FOR WHISTLE BLOWERS.— motor vehicles and motor vehicle equipment 30118(b) to report such sale or lease to the ‘‘(A) CORRECTION.—A person described in in the United States, require manufacturers Secretary. paragraph (1) shall not be subject to criminal

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penalties under this subsection if (1) at the but enforcement of the order is set aside in ‘‘(3) MOTOR VEHICLES COVERED.—This sub- time of the violation, such person does not a civil action to which section 30121(d) ap- section applies to motor vehicles, including know that the violation would result in an plies.’’. passenger cars, multipurpose passenger vehi- accident causing death or serious bodily in- SEC. 9. CERTIFICATION LABEL. cles, and trucks, with a gross vehicle weight jury and (2) the person corrects any improper Section 30115 of title 49, United States rating of 10,000 pounds or less. A motor vehi- reports or failure to report within a reason- Code, is amended by inserting ‘‘(a) IN GEN- cle designed to provide temporary residen- able time. ERAL.—’’ before ‘‘A manufacturer’’ and by tial accommodations is not covered.’’. ‘‘(B) REASONABLE TIME AND SUFFICIENCY OF adding at the end the following: SEC. 13. TIRE PRESSURE WARNING. CORRECTION.—The Secretary shall establish ‘‘(b) CERTIFICATION LABEL.—In the case of Not later than one year after the date of by regulation what constitutes a reasonable the certification label affixed by an inter- enactment of this Act, the Secretary of time for the purposes of subparagraph (A) mediate or final stage manufacturer of a Transportation shall complete a rulemaking and what manner of correction is sufficient motor vehicle built in more than 1 stage, for a regulation to require a warning system for purposes of subparagraph (A). The Sec- each intermediate or final stage manufac- in new motor vehicles to indicate to the op- retary shall issue a final rule under this sub- turer shall certify with respect to each appli- erator when a tire is significantly under in- paragraph within 90 days of the date of en- cable Federal motor vehicle safety stand- flated. Such requirement shall become effec- actment of this section. ard— tive not later than 2 years after the date of ‘‘(C) EFFECTIVE DATE.—Subsection (a) shall ‘‘(1) that it has complied with the speci- the completion of such rulemaking. fications set forth in the compliance docu- not take effect before the final rule under SEC. 14. IMPROVING THE SAFETY OF CHILD RE- subparagraph (B) takes effect. mentation provided by the incomplete motor STRAINTS. vehicle manufacturer in accordance with ‘‘(b) COORDINATION WITH DEPARTMENT OF (a) IN GENERAL.—Not later than 12 months regulations prescribed by the Secretary; or JUSTICE.—The Attorney General may bring after the date of enactment of this Act, the ‘‘(2) that it has elected to assume responsi- an action, or initiate grand jury proceedings, Secretary of Transportation shall initiate a bility for compliance with that standard. for a violation of subsection (a) only at the rulemaking for the purpose of improving the request of the Secretary of Transportation.’’. If the intermediate or final stage manufac- turer elects to assume responsibility for safety of child restraints, including mini- (2) CLERICAL AMENDMENT.—The subchapter compliance with the standard covered by the mizing head injuries from side impact colli- analysis for subchapter IV of chapter 301 of documentation provided by an incomplete sions. title 49, United States Code, is amended by motor vehicle manufacturer, the inter- (b) ELEMENTS FOR CONSIDERATION.—In the adding at the end the following: mediate or final stage manufacturer shall rulemaking required by subsection (a), the ‘‘30170. Criminal penalties.’’. notify the incomplete motor vehicle manu- Secretary shall consider— SEC. 6. ACCELERATION OF MANUFACTURER REM- facturer in writing within a reasonable time (1) whether to require more comprehensive EDY PROGRAM. of affixing the certification label. A viola- tests for child restraints than the current Section 30120(c) of title 49, United States tion of this subsection shall not be subject to Federal motor vehicle safety standards re- Code, is amended by inserting at the end a civil penalty under section 30165.’’. quires, including the use of dynamic tests thereof the following: SEC. 10. ENDURANCE AND RESISTANCE STAND- that— ‘‘(3) If the Secretary determines that a ARDS FOR TIRES. (A) replicate an array of crash conditions, manufacturer’s remedy program is not likely The Secretary of Transportation shall con- such as side-impact crashes and rear-impact to be capable of completion within a reason- duct a rulemaking to revise and update the crashes; and able time, the Secretary may require the tire standards published at 49 C.F.R. 571.109 (B) reflect the designs of passenger motor manufacturer to accelerate the remedy pro- and 49 C.F.R. 571.119. The Secretary shall vehicles as of the date of enactment of this gram if the Secretary finds— complete the rulemaking under this section Act; ‘‘(A) that there is a risk of serious injury not later than June 1, 2002. (2) whether to require the use of or death if the remedy program is not accel- SEC. 11. IMPROVED TIRE INFORMATION. anthropomorphic test devices that— erated; and (a) TIRE LABELING.—Within 30 days after (A) represent a greater range of sizes of ‘‘(B) that acceleration of the remedy pro- the date of enactment of this Act, the Sec- children including the need to require the gram can be reasonably achieved by expand- retary of Transportation shall initiate a use of an anthropomorphic test device that ing the sources of replacement parts, expand- rulemaking proceeding to improve the label- is representative of a ten-year-old child; and ing the number of authorized repair facili- ing of tires required by section 30123 of title (B) are Hybrid III anthropomorphic test de- ties, or both. 49, United States Code to assist consumers in vices; The Secretary may prescribe regulations to identifying tires that may be the subject of (3) whether to require improved protection carry out this paragraph.’’. a decision under section 30118(b) or a notice from head injuries in side-impact and rear- SEC. 7. SALES OF REPLACED TIRES. required under section 30118(c). The Sec- impact crashes; Section 30120(d) of title 49, United States retary shall complete the rulemaking not (4) how to provide consumer information Code, is amended by adding at the end the later than June 1, 2002. on the physical compatibility of child re- following: ‘‘In the case of a remedy program (b) INFLATION LEVELS AND LOAD LIMITS.—In straints and vehicle seats on a model-by- involving the replacement of tires, the man- the rulemaking initiated under subsection model basis; ufacturer shall include a plan addressing how (a), the Secretary may take whatever addi- (5) whether to prescribe clearer and sim- to prevent, to the extent reasonably within tional action is appropriate to ensure that pler labels and instructions required to be the control of the manufacturer, replaced the public is aware of the importance of ob- placed on child restraints; tires from being resold for installation on a serving motor vehicle tire load limits and (6) whether to amend Federal Motor Vehi- motor vehicle, and how to limit, to the ex- maintaining proper tire inflation levels for cle Safety Standard No. 213 (49 C.F.R. 571.213) tent reasonably within the control of the the safe operation of a motor vehicle. Such to cover restraints for children weighing up manufacturer, the disposal of replaced tires additional action may include a requirement to 80 pounds; in landfills, particularly through shredding, that the manufacturer of motor vehicles pro- (7) whether to establish booster seat per- crumbling, recycling, recovery, and other al- vide the purchasers of the motor vehicles in- formance and structural integrity require- ternative beneficial non-vehicular uses. The formation on appropriate tire inflation lev- ments to be dynamically tested in 3-point manufacturer shall include information els and load limits if the Secretary deter- lap and shoulder belts; about the implementation of such plan with mines that requiring such manufacturers to (8) whether to apply scaled injury criteria each quarterly report to the Secretary re- provide such information is the most appro- performance levels, including neck injury, garding the progress of any notification or priate way such information can be provided. developed for Federal Motor Vehicle Safety remedy campaigns.’’. SEC. 12. ROLLOVER TESTS. Standard No. 208 to child restraints and SEC. 8. SALES OF REPLACED EQUIPMENT. Section 30117 of title 49, United States booster seats covered by in Federal Motor Section 30120 of title 49, United States Code, is amended by adding at the end the Vehicle Safety Standard No. 213; and Code, is amended by adding at the end the following: (9) whether to include child restraint in following: ‘‘(c) ROLLOVER TESTS.— each vehicle crash tested under the New Car ‘‘(j) PROHIBITION ON SALES OF REPLACED ‘‘(1) DEVELOPMENT.—Not later than 2 years Assessment Program. EQUIPMENT.—No person may sell or lease any from the date of enactment of this sub- (c) REPORT TO CONGRESS.—If the Secretary motor vehicle equipment (including a tire), section, the Secretary shall— does not incorporate any element described for installation on a motor vehicle, that is ‘‘(A) develop a dynamic test on rollovers in subsection (b) in the final rule, the Sec- the subject of a decision under section by motor vehicles for the purposes of a con- retary shall explain, in a report to the Sen- 30118(b) or a notice required under section sumer information program; and ate Committee on Commerce, Science, and 30118(c) in a condition that it may be reason- ‘‘(B) carry out a program of conducting Transportation and the House of Representa- ably used for its original purpose unless— such tests. tives Committee on Commerce submitted ‘‘(1) the defect or noncompliance is rem- ‘‘(2) TEST RESULTS.—As the Secretary de- within 30 days after issuing the final rule, edied as required by this section before deliv- velops a test under paragraph (1)(A), the Sec- specifically why the Secretary did not incor- ery under the sale or lease; or retary shall conduct a rulemaking to deter- porate any such element in the final rule. ‘‘(2) notification of the defect or non- mine how best to disseminate test results to (d) COMPLETION.—Notwithstanding any compliance is required under section 30118(b) the public. other provision of law, the Secretary shall

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.102 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9627 complete the rulemaking required by sub- SEC. 17. AUTHORIZATION OF APPROPRIATIONS. Despite the ongoing investigation by section (a) not later than 24 months after the In addition to any sums authorized to be NHTSA, the question of what is the date of enactment of this Act. appropriated by sections 30104 or 32102 of precise cause of these tire tread separa- (e) CHILD RESTRAINT DEFINED.—In this sec- title 49, United States Code, there is author- tion accidents remains largely unan- tion, the term ‘‘child restraint’’ has the ized to be appropriated to the Secretary of meaning given the term ‘‘Child restraint sys- Transportation for the National Highway swered. tem’’ in section 571.213 of title 49, Code of Traffic Safety Administration for fiscal year At our hearings we did not expect to Federal Regulations (as in effect on the date 2001 $9,100,000 to carry out this Act and the find the smoking gun. Instead, the of enactment of this Act). amendments made by this Act. Such funds main purpose of our joint hearings was (f) FUNDING.—For each fiscal year, of the shall not be available for the general admin- to find out what happened with the funds made available to the Secretary for ac- istrative expenses of the Secretary or the process, who knew what, and what they tivities relating to safety, not less than Administration. did with the information that was $750,000 shall be made available to carry out crash testing of child restraints. The SPEAKER pro tempore. Pursu- available to them. (g) CHILD RESTRAINT SAFETY RATINGS PRO- ant to the rule, the gentleman from We heard from the companies and GRAM.—No later than 12 months after the Louisiana (Mr. TAUZIN) and the gen- from NHTSA on their progress in get- date of enactment of this Act, the Secretary tleman from Michigan (Mr. DINGELL) ting to the root cause of the tire fail- of Transportation shall issue a notice of pro- each will control 20 minutes. ures on these Ford Explorers. We exam- posed rulemaking to establish a child re- The Chair recognizes the gentleman ined the testing done by Firestone and straint safety rating consumer information from Louisiana (Mr. TAUZIN). Ford on those tires, and we delved into program to provide practicable, readily un- GENERAL LEAVE what type of testing did the National derstandable, and timely information to con- Highway Traffic Safety Administration sumers for use in making informed decisions Mr. TAUZIN. Mr. Speaker, I ask in the purchase of child restraints. No later unanimous consent that all Members actually require and was that enough than 24 months after the date of enactment may have 5 legislative days within to protect the American public. of this Act the Secretary shall issue a final which to revise and extend their re- It was the hope of every member of rule establishing a child restraint safety rat- marks and to include extraneous mate- the two subcommittees that we would ing program and providing other consumer rial on H.R. 5164. work together in a bipartisan fashion information which the Secretary determines The SPEAKER pro tempore (Mr. to use these hearings and this horrible would be useful consumers who purchase RYAN of Wisconsin). Is there objection experience to learn how to correct the child restraint systems. process and, more importantly, how to (h) BOOSTER SEAT STUDY.—In addition to to the request of the gentleman from consideration of booster seat performance Louisiana? prevent something of this magnitude and structural integrity contained in sub- There was no objection. from ever happening again. section (b)(7), not later than 12 months after Mr. TAUZIN. Mr. Speaker, I yield I would like to again express my sin- the date of enactment of this Act, the Sec- myself 6 minutes. cere appreciation to Members on both retary of Transportation shall initiate and Mr. Speaker, I am proud to rise in sides of the aisle of the Committee on complete a study, taking into account the support of this bill, H.R. 5164, the Commerce for working together in views of the public, on the use and effective- Transportation Recall Enhancement, such a constructive fashion to craft ness of automobile booster seats for children, what we believe is very reasonable and compiling information on the advantages Accountability, and Documentation and disadvantages of using booster seats and Act, or the TREAD act, introduced by targeted legislation to ameliorate the determining the benefits, if any, to children my colleague the gentleman from shortfalls in our law that were uncov- from use of booster with lap and shoulder Michigan (Mr. UPTON), the chairman of ered in the hearings and in the ongoing belts compared to children using lap and the Subcommittee on Oversight and In- investigation. shoulder belts alone, and submit a report on vestigations of the Committee on Com- Given the extraordinary time con- the results of that study to the Congress. merce of the House. straints associated with the task, it (i) BOOSTER SEAT EDUCATION PROGRAM.— Together our two subcommittees was absolutely imperative that this The Secretary of Transportation within 1 legislation move through the com- year after the date of enactment of this Act have been working to uncover the facts shall develop 5 year strategic plan to reduce surrounding the Firestone tire recall mittee process as quickly as possible. deaths and injuries caused by failure to use action focusing primarily on the action In that regard, I wish to thank the the appropriate booster seat in the 4 to 8 as it pertains to relevant Ford vehicles, staff and the chairman of the Com- year old age group by 25 percent. in particular one of the Nation’s most mittee on the Judiciary who were very SEC. 15. IMPROVING CRITERIA USED IN A RE- popular SUVs, the Ford Explorer. helpful in working with the Committee CALL. I want to begin by thanking my dear on Commerce. We are often at odds in (a) REVIEW OF STANDARDS AND CRITERIA jurisdictional debates, but the Com- USED IN OPENING A DEFECT OR NONCOMPLI- friend the gentleman from Michigan (Mr. DINGELL) and the ranking minor- mittee on the Judiciary was extremely ANCE INVESTIGATION.—The Secretary shall, helpful in crafting those sections of our not later than 30 days after the date of en- ity member of our subcommittee, the actment of this Act, undertake a comprehen- gentleman from Massachusetts (Mr. bill that have to do with criminal sanc- sive review of all standards, criteria, proce- MARKEY), again as well as the gen- tions. H.R. 5164 is intended to address prob- dures, and methods, including data manage- tleman from Michigan (Mr. UPTON), the ment and analysis used by the National author of this legislation, for not only lems raised in the investigation and Highway Traffic Safety Administration in the success we have had in bringing the accompanying hearings. The hear- determining whether to open a defect or non- ings highlighted the fact that the in- compliance investigation pursuant to sub- this bill to the floor but more impor- tantly for I think an extraordinary in- formation available to NHTSA regard- chapter II or IV of chapter 301 of title 49, ing motor vehicles and these tires was United States Code, and shall undertake vestigative series of hearings, an inves- in fact inadequate. such steps as may be necessary to update tigation that even now goes on. It also became clear that NHTSA did and improve such standards, criteria, proce- Up here in Congress we always hear not effectively use the data that was dures, or methods, including data manage- about how we must act on something available to spot trends that were re- ment and analysis. because it is life or death. Well, in re- (b) REPORT TO CONGRESS.—Not later than 1 lated to these tire failures. gard to this situation, no one has been year after the date of enactment of this Act, I would like to touch on some of the the Secretary shall transmit to the Com- exaggerating. This is about life and important provisions contained in the mittee on Commerce of the House of Rep- death. bill. resentatives and the Committee on Com- As we are aware, Bridgestone/Fire- merce, Science, and Transportation of the stone announced on August 9 a vol- b 0000 Senate a report describing the Secretary’s untary recall of 6.5 million of its 15- The bill, for example, requires that findings and actions under subsection (a). inch tires used on light trucks and manufacturers report actual and poten- SEC. 16. FOLLOW-UP REPORT. sport utility vehicles. The recalled tial defects in motor vehicles and prod- One year after the date of enactment of tires and other tires have been impli- this Act, the Secretary of Transportation ucts in foreign countries. This covers shall report to the Congress on the imple- cated in an increasing number of similar models, not just those models mentation of the amendments made by this deaths and injuries in the United offered for sale in the United States. Act and any recommendations for additional States, and the investigation is indeed The bill directs the Secretary to pro- amendments for consumer safety. far from complete. mulgate rules to require manufacturers

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.102 pfrm01 PsN: H10PT1 H9628 CONGRESSIONAL RECORD — HOUSE October 10, 2000 to provide early warning reporting ability and Documentation Act. This is analyzing and using information it receives. data, including warranty and claims important legislation of which I was a This is important because the hearings data and such other data as may be re- cosponsor and it has bipartisan sup- showed that more than two years ago, NHTSA quested by the Secretary. I am particu- port. It was reported by the Committee had information on 47 cases of tread separa- larly thankful for our friend the gen- on Commerce by a unanimous recorded tion involving the recalled tires, but failed to do tleman from Massachusetts (Mr. MAR- vote of 42–0. anything with the information it already had. KEY) for the language in this area. Im- Firestone’s recall of 14.4 million tires In addition, this legislation requires manu- portantly, the Secretary must make which it announced in August of this facturers to give NHTSA claims data and other certain findings regarding the need and year is the second largest tire recall information that proved to be so important in utilization of this data. We require ever. It is surpassed only by Fire- the Firestone case. If this legislation becomes NHTSA to harmonize the collection of stone’s recall of 14.5 million tires in law, manufacturers will have to notify NHTSA this information in a manner that en- 1978. The recent recall came about only about recalls or customer satisfaction actions ables it to quickly and more efficiently after Ford Motor Company whose vehi- taken in foreign countries. Furthermore, new identify problematic patterns in prod- cles were equipped with many of the re- enhanced criminal penalties will apply to man- ucts and vehicles. called tires was given access to Fire- ufacturers and others, if they knowingly and The bill lengthens the period in stone’s claims data in late July and willfully withhold or falsify information with the which a manufacturer of a motor vehi- was able to link 46 deaths and a large specific intention of misleading the Secretary cle or a tire must remedy the defect number of claims to accidents involv- concerning safety related defects that have without charge, and directs the Sec- ing two 15-inch models of Firestone caused death or serious bodily injury. retary to conduct a rulemaking to up- tires, the ATX and the Wilderness AT. Mr. Speaker, the criminal penalties provided grade the 30-year-old tire standard to Since August 9, the number of fatali- in this legislation fit the requirements set out bring it in line with modern tire tech- ties attributable to accidents involving by Transportation Secretary Rodney Slater nology. the recall of Firestone tires has grown when he testified before the committee. At that The bill directs the Secretary to re- to 101 according to NHTSA, the Na- time, Secretary Slater said the wrong kind of view procedures for opening a defect tional Highway Traffic Safety Admin- criminal penalties could slow down NHTSA's investigation and directs the Secretary istration. enforcement activities, and that he would only to conduct a rulemaking to improve Mr. Speaker, I would note that the support criminal penalties for ``egregious activ- tire labeling so that we do not have to gentleman from Louisiana (Mr. TAU- ity'' and ``serious matters''. The criminal pen- crawl under our cars to see what our ZIN), the gentleman from Michigan (Mr. alties provided in the legislation strike the tires are really made of and what size UPTON), and the gentleman from Mas- proper balance between holding people ac- and what pressure they should be oper- sachusetts (Mr. MARKEY) deserve a countable for their actions without discour- ated under. great deal of credit for what has tran- aging voluntary reporting and cooperation with The bill prohibits the resale of motor spired here as does the gentleman from government agencies. We have adopted an amendment on crimi- vehicle equipment removed and re- Minnesota (Mr. LUTHER), the gen- nal penalties which will ensure that the safe placed as a part of a recall. It provides tleman from Illinois (Mr. SHIMKUS) and harbor provisions cannot be used by an indi- additional funding for NHTSA con- the gentleman from Ohio (Mr. SAW- vidual if that individual had actual knowledge sistent with the appropriation already YER). They have worked hard, as have a at the time of the violation that the violation provided tied to carrying out the provi- number of other Members too numer- would result in accident causing death or seri- sions of this act. ous to be mentioned at this time. The bill increases civil penalties to In any event, the legislation is nec- ous bodily injury, as the gentleman from Lou- isiana, Mr. TAUZIN, stated in his explanation of $5,000 per violation per day and a max- essary. It needs to be adopted at an the provision. imum of $15 million and it provides en- early time. Mr. Speaker, I also call to my colleagues' Mr. Speaker, I rise in support of H.R. 5164, hanced criminal penalties for viola- attention the fact that this legislation author- the Transportation Recall Enhancement, Ac- tions of existing law that requires fil- izes $9.1 million for NHTSA, the full amount countability, and Documentation Act. This im- ing honest and good information with that the Agency requested to deal with matters the government and provides that a portant legislation, of which I am a cosponsor, related to the Firestone tire recall. While budg- person who has specific intent of mis- has broad-based, bipartisan support. It was re- et cuts in the past may have hindered leading the Secretary with respect to ported out of the Commerce Committee by a NHTSA's activities in important areas, it is motor vehicle defects that have caused unanimous, recorded vote of 42 to 0. clear that, at this time, Republican, and Demo- death or serious bodily injury would Firestone's recall of 14.4 million tires, which cratic members of the committee recognize suffer more serious criminal penalties. it announced on August 9th of this year, is the the importance of NHTSA's work. Importantly, the bill encourages the second largest tire recall ever. It is surpassed I would note, however, that we must move reporting of information and provides a only by Firestone's recall of 14.5 million tires quickly, if we are to help NHTSA prevent a re- safe harbor for those who do, but it in 1978. currence of the kind of problem that occurred makes that safe harbor only available The recent recall came about only after in the Firestone case. Time is quickly running to someone who did not actually have Ford Motor Company, whose vehicles were out for this Congress. While there is not actual knowledge that false reporting equipped with many of the recalled tires, was enough time to solve every problem at or incorrect reporting would result in given access to Firestone's claims data in late NHTSA, we can, and we should, enact legisla- serious injury or death. July and was able to link 46 deaths and a tion to deal with the major problems uncov- Mr. Speaker, I urge all of my col- large number of claims to accidents involving ered in the committee's investigation of the re- leagues to report this very reasonable two 15-inch models of Firestone tiresÐthe cent Firestone tire recalls. bipartisan legislation that passed our ATX and the Wilderness AT. Since August Mr. Speaker, public concern is great, and committee on a 43–0 vote. I encourage 9th, the number of fatalities attributable to ac- not just about the dangers of driving on the re- literally the House to pass it on to the cidents involving the recalled Firestone tires called tires. The public rightly perceives that Senate and to do this important thing has grown to 101, according to the National both Firestone and NHTSA failed to respond for this Nation to make sure this na- Highway Traffic Safety Administration early on to information and warnings that tional tragedy does not happen again (NHTSA). should have alerted them to the problems with in the future. Even today, countless Americans are on the the recalled Firestone tires. Those failures Mr. Speaker, I reserve the balance of roadÐpicking up their kids, driving to workÐ caused consumers to be exposed to risks of my time. and the last thing that should worry them is injury and death far longer than should have Mr. DINGELL. Mr. Speaker, I yield the quality and soundness of their tires. been the case. Both NHTSA and the compa- myself 3 minutes. Mr. Speaker, time is of the essence. H.R. nies involved need to take affirmative steps to (Mr. DINGELL asked and was given 5164 can and should be enacted into law this restore public confidence. permission to revise and extend his re- year. It directly responds to the problems that Mr. Speaker, enactment of this legislation marks.) the committee's hearings uncovered in the will help restore public confidence. I urge my Mr. DINGELL. Mr. Speaker, I rise in Firestone tire recall case. The legislation di- colleagues to support H.R. 5164. support of H.R. 5164, the Transpor- rects the National Highway Traffic Safety Ad- Mr. Speaker, I reserve the balance of tation Recall Enhancement, Account- ministration (NHTSA) to develop a plan for my time.

VerDate 02-OCT-2000 06:25 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00122 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.228 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9629 Mr. TAUZIN. Mr. Speaker, I am guess I should say, working with the makes a finding that its disclosure pleased to yield 5 minutes to the gen- Senate to make sure that this gets would assist in ensuring public safety, tleman from Michigan (Mr. UPTON), the done, already talking with the White but with respect to information that author of this legislation, the chair- House to make sure that this bill lands NHTSA currently requires be disclosed man of the Subcommittee on Oversight on the President’s desk and he is going to the public it is my understanding of and Investigations. to be able to sign it. Shame on us, the committee’s intention that we not (Mr. UPTON asked and was given shame on this Congress if we cannot provide manufacturers with the ability permission to revise and extend his re- get this bill done in the last couple of to hide from public disclosure informa- marks.) days. tion which under current law must be Mr. UPTON. Mr. Speaker, I would I think it is a terrific credit to the disclosed. Would the gentleman from like to associate my remarks with staff, to the Members, to get this bill Louisiana (Mr. TAUZIN) agree that this those that have gone before me, both done tonight in this bipartisan way special disclosure provision for new my good friend down the hall, my col- dealing with the information that we early stage information is not intended league from the great State of Michi- learned over the last 4 or 5 weeks, to protect from disclosure that is cur- gan (Mr. DINGELL), and certainly the working with all those involved on this rently disclosed under existing law chairman of the Subcommittee on very important issue to in fact put to- such as information about actual de- Telecommunications, Trade and Con- gether a bill that would pass in the full fects or recalls? sumer Protection, the gentleman from Committee on Commerce, 42–0, and Mr. TAUZIN. Mr. Speaker, will the Louisiana (Mr. TAUZIN). again hopefully on the floor tonight gentleman yield? This effort has been bipartisan from without dissent. Mr. MARKEY. I yield to the gen- the very start, from the very get-go. Mr. DINGELL. Mr. Speaker, I yield 3 tleman from Louisiana. There are a lot of people here to thank. minutes to the distinguished gen- Mr. TAUZIN. Mr. Speaker, the gen- Obviously the gentleman from Virginia tleman from Massachusetts (Mr. MAR- tleman is correct. (Mr. BLILEY) for getting this on the KEY). Mr. MARKEY. Mr. Speaker, I think fast track through subcommittee and Mr. MARKEY. Mr. Speaker, I thank my wife is calling me here. I will not full committee last week, the hearings the gentleman from Michigan very answer it at this time. that the gentleman from Louisiana much for yielding me this time. Hon, I will be calling you back in just (Mr. TAUZIN) and I conducted last I too want to go down the litany of a second. month, the many hours of hearings, saints who have participated in the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE and his leadership on this has been re- construction of this piece of legisla- The SPEAKER pro tempore (Mr. freshing for the Congress to get this tion, the gentleman from Michigan RYAN of Wisconsin). The gentleman done. But particularly as we have (Mr. DINGELL), the gentleman from will disable his telephone. reached across on both sides of the Minnesota (Mr. LUTHER) on our side Mr. MARKEY. Mr. Speaker, I would aisle, working with my good friend the along with many others, the gentleman like to engage the gentleman from gentleman from Michigan (Mr. DIN- from Louisiana (Mr. TAUZIN), the gen- Louisiana (Mr. TAUZIN) in this col- GELL), the gentleman from Massachu- tleman from Michigan (Mr. UPTON), the loquy. setts (Mr. MARKEY) and others and the gentleman from Virginia (Mr. BLILEY) Second, in the same section in the Committee on the Judiciary, we have and many others on the other side. subsection entitled ‘‘information in the in fact put together a bill that is solid, This has been a piece of legislation possession of manufacturer,’’ we pro- that is common sense. We identified which obviously has had to move very vide that the Secretary may not re- major problems and we addressed them quickly. I thank the majority for their quire a manufacturer to maintain and with this legislation. cooperation, including three amend- submit records respecting information I looked back at the record back in ments that I was particularly inter- not in the possession of the manufac- the 1970s. There was another big tire ested in: Dynamic testing so that we turer. Concern has been expressed that recall. It was the Firestone 500 tire. A would be able to ensure that there is a this provision not become a loophole lot of evidence came forth. A lot of better understanding of exactly what for unscrupulous manufacturers who problems were identified. Yet the Con- happens to these vehicles under road might be willing to destroy a record in gress did not move, the House or Sen- conditions rather than some static test order to demonstrate that it is no ate, to actually correct it and here we that really does not test the full capa- longer in its possession. Would the gen- are 25, 30 years later and we are under- bilities of vehicles; ensuring that there tleman agree that it is in the Sec- going the same thing. But this is much is a warning system in vehicles in the retary’s discretion to require a manu- more of a tragedy, for we have lost event that there is a problem with facturer to maintain records that are more than 100 lives because of these pressure of a tire that could cause a in fact in the manufacturer’s posses- tires. We have seen hundreds and hun- danger to those who are using the car sion and that it would be a violation of dreds of accidents, many serious inju- or any vehicle; and an early warning such a requirement to destroy such a ries. What this bill does is it corrects system as well so that there is ample record? those problems. notification that there could be defects Mr. TAUZIN. Mr. Speaker, will the As chairman of the Subcommittee on in any of these products. gentleman yield? Oversight and Investigations, our in- What I would like to do right now is Mr. MARKEY. I yield to the gen- vestigative staff went out and, in fact, to rise to engage the gentleman from tleman from Louisiana. we did collect the evidence, we did Louisiana in a colloquy in order to pro- Mr. TAUZIN. The gentleman is again identify the problems, and we worked vide some clarification concerning two correct. very closely with the legislative sub- matters of particular concerns to the Mr. MARKEY. Mr. Speaker, I thank committee, and the gentleman from public. the gentleman from Louisiana (Mr. Louisiana (Mr. TAUZIN) did a wonderful b TAUZIN) for his responses. job of laying that out in the many days 2410 Mr. Speaker, I note the gentleman and the many hours of hearings that First, under the section entitled from Illinois who is here and he de- we had the last 6 weeks. And we ‘‘early warning requirements,’’ we pro- serves special praise for his work on worked in a bipartisan fashion to get vide for the reporting of new informa- child safety seats. this thing done. And here we are early tion to NHTSA generally at an earlier Mr. TAUZIN. Mr. Speaker, will the now in the morning, in the waning days stage than the stage when an actual re- gentleman yield? of the Congress trying to complete this call takes place based on the finding of Mr. MARKEY. I yield to the gen- task. a defect. To protect the confidentiality tleman from Louisiana. The gentleman from Louisiana of this new early stage information, Mr. TAUZIN. Mr. Speaker, I simply talked about the many positives about the bill provides in Section 2(b) in the again want to tell the gentleman again this bill so that in fact this cannot subsection titled ‘‘disclosure’’ that how much I deeply appreciate his con- happen again. And now passing this to- such information shall be treated as tributions to the legislation and to the night as we will do, or this morning I confidential unless the Secretary hearings.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.229 pfrm01 PsN: H10PT1 H9630 CONGRESSIONAL RECORD — HOUSE October 10, 2000 Mr. MARKEY. Mr. Speaker, I hope The National Highway Traffic Safety fective parts will be off the road as that we can pass this TREAD bill this Administration should be about the job quickly as possible. year so we do not have to come back. of highway traffic safety. In passing Again, I want to commend my col- I wanted to make sure that everyone the TREAD Act with the inclusion of leagues on the Committee on Com- understand how important it is that we the Child Passenger Safety Act and merce for bringing this bill to the move together to pass this legislation signing it into law, they can be about floor, this pro-consumer bill, this year, this year. their business. and for their commitment to getting Mr. TAUZIN. Mr. Speaker, I yield Mr. DINGELL. Mr. Speaker, I yield 3 this passed into law this year. I think such time as he may consume to the minutes to the distinguished gen- it is just outstanding the work that has gentleman from Illinois (Mr. SHIMKUS), tleman from Minnesota (Mr. LUTHER). been done in this regard. a member of the Committee on Com- Mr. LUTHER. Mr. Speaker, I cer- I think what this act does show is merce. tainly want to thank the same key that when we work together in a bipar- Mr. SHIMKUS. Mr. Speaker, I rise in players here that have already been tisan manner like this, we can accom- support of H.R. 5164, the TREAD Act, thanked adequately, the gentleman plish good things for the American con- and I would like to thank the gen- from Louisiana (Mr. TAUZIN), the gen- sumer and attempt to ensure that trag- tleman from Virginia (Mr. BLILEY), the tleman from Virginia (Mr. BLILEY), the edies like the one that we heard in this gentleman from Louisiana (Mr. TAU- gentleman from Michigan (Mr. DIN- committee will never happen again. ZIN), the gentleman from Michigan (Mr. GELL), the gentleman from Michigan Mr. DINGELL. Mr. Speaker, I have UPTON), the gentleman from Massachu- (Mr. UPTON), the gentleman from Mas- no further requests for time, and I setts (Mr. MARKEY) for his help and, of sachusetts (Mr. MARKEY) and the yield back the balance of my time. course, the ranking member, the gen- staffs, as well as my own staff, for the Mr. TAUZIN. Mr. Speaker, I yield tleman from Michigan (Mr. DINGELL) excellent work in developing this sen- myself such time as I may consume. for their support in this legislation. sible bipartisan piece of legislation. Mr. Speaker, let me close very brief- We worked hard in the Committee on Mr. Speaker, I particularly want to ly. I do want to make a few comments. Commerce to find out why our safety highlight sections 7 and 8 of the bill. First of all, I want to say a word to organization cannot connect the dots, Those sections reflect an amendment the investigators on the Committee on identify the problem and warn con- that I authored that was added with Commerce. I think the Nation owes them a debt of gratitude. The inves- sumers about the Ford Firestone acci- the support of the gentleman from tigators on the Democratic and Repub- dents. The TREAD Act is our response. Louisiana (Mr. TAUZIN), with the sup- lican side of the aisle who work for our I also want to thank the chairman for port of other Members in the Com- Committee on Commerce have done in- including provisions in my bill, the mittee on Commerce. The goal that we credible work. Child Passenger Safety Act of 2000. had in adopting that particular amend- ment was, quite frankly, to get these Those who witnessed the hearings by Each year more than 1,500 children which our Committee on Commerce below the age of 9 are killed and an- tires off the road just as quickly as possible. and our two subcommittees delved into other 20,000 suffer incapacitating inju- the causes of this problem, and hope- ries in motor vehicle crashes. Parents I think there was general consensus that today there are still too many re- fully the solutions that we bring to the put their trust in the government House floor tonight, those hearings standards to assure them that they are called tires in use. There are too many waiting lists at dealers in this country. were in large measure determined by purchasing a safe child restraint seat. the great work of the investigative Unfortunately, like current tire stand- That is an unacceptable situation and presents much too great of a risk to staff of our committee. I wanted to say ards, Federal car seat standards are a word of thanks to them. I think in- woefully outdated. Testing and manu- the consumers of America. First, under Section 7, tire manufac- deed our country is going to be better facturing standards are based on tests turers are absolutely required to print off because of their work. performed on a sled not in a real car, tire ID numbers so that consumers can Secondly, I thought we ought to and only measure frontal impacts. Car easily determine if their tire is subject think about tonight the victims of this seats are not subject to dynamic test- to a recall. We heard information to tragedy, the victims and their families. ing in various crash modes such as the effect that mechanics even today There are people still being injured and side, rear and rollover impacts. These are having a hard time determining if a still, unfortunately, suffering severe would measure the durability of each particular tire is subject to a recall. injury, even death on the highway, as seat when subject to real crash sce- This will require that those ID num- this awful recall continues. It may be narios. the worst recall I have seen in all my In addition, Federal standards and bers be on the sidewalls so that con- sumers themselves can make this de- years in public service. regulations do not address the safety Until it is finished, until every fam- needs of children over the age of 4 who termination. Secondly, Section 8 gives the govern- ily has safe tires to ride upon, our com- weigh more than 50 pounds. It is not ment the flexibility and authority to mittee will continue its investigation well-known that over-the-shoulder seat require manufacturers to fully reim- and continue pressing the companies belts are not always safe for children. burse consumers for replacing defective involved here to complete this recall in Booster seats should be used as a tran- parts with competitors’ parts even if as quick a fashion as possible. sition safety device for toddlers and the manufacturer is unable to do so in I also think we ought to think about small children. However, Federal a timely basis. The goal there being, the workers at these two companies. I standards have not been developed for let us get the problem taken care of know they have been terribly stressed manufacturers of boosters. and worry about the compensation by this awful position the two compa- As a parent of three young boys, I later. nies find themselves in, both know firsthand that there is a lack of Bridgestone/Firestone and also the useful consumer information regarding b 0020 Ford Motor Company. child restraints to assist parents in Moreover, manufacturers can be di- Obviously, this has been a trying making the best safety seat selections rected to fully reimburse consumers time for all the families of the workers for their children. That is why I intro- who replace the defective parts before who support these two great American duced the Child Passenger Safety Act. the formal recall occurs. companies. On the other hand, both This legislation included in the TREAD At this very moment, Firestone is companies obviously have a lot to an- Act will enhance the safety of children having difficulty replacing their defec- swer to as this investigation continues. in motor vehicles by requiring the Na- tive parts with new, safer parts. This I think the work we did is going to tional Highway Traffic Safety Admin- delay puts consumers, as I mentioned, help victims recover in the courts of istration to improve child restraint at risk, at an unacceptable risk of seri- our land, recover damages for accidents safety performance testing and stand- ous injury or death to them or to their and deaths. I hope that will be one of ards and provide parents with better family members. the good effects of our investigation, consumer information and labeling for What this Section 8 will do is ensure that the facts we uncovered will assist child restraints. that in the future, dangerous and de- them in proper recovery.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\K10OC7.232 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9631 I also want to make the point that vide full information to the National Highway issues and I am pleased they were included in what we have tried to do is not deter- Transportation Safety Administration about this important legislation. mine who was liable, either civilly or possible safety problems involving their prod- Overall, this legislation will require compa- otherwise. What we have tried to do is ucts. I see no striking departure in this legisla- nies to report foreign recalls to the National find out what was wrong with the proc- tion from existing principles of criminal law. In Highway Traffic Safety Administration ess. fact, if anything, it builds on current law. Sec- (NHTSA) within five days. In doing so, I wanted to first of all tion 1001 of Title 18 makes it a crime to make In addition, manufacturers will now be re- commend NHTSA for the many, many a false statement to the government. The At- quired to contact NHTSA immediately if they lives it has saved over the years and torney General currently may, and will con- begin to notice a significant number of injuries the good work that our national high- tinue to have the authority to, prosecute any- associated with their product. way safety transportation agency does. one who either makes false reports to the The legislation will also increase the civil We believe, from the facts we have NHTSA, or who fails to disclose information penalties and add criminal penalties to better found, that someone dropped the ball that is required by statute. What this bill does encourage those companies to err on the side in this case. That is regrettable. But I in rightly recognize that withholding informa- of caution if there is a safety question. think that should not take away from tion that, if known, could be the difference be- Mr. Speaker, I believe that this bill will make the fact that NHTSA is still a great tween life or death should carry a higher pen- our roads a safer place and it serves as a agency that protects safety on the alty. What it means, in essence, is that a per- good starting point for when we take up the highways, and has in fact saved many son who intends to mislead the government reauthorization of NHTSA next Congress. lives. about safety related defects will be subject to Mr. WAXMAN. Mr. Speaker, I rise in support Finally, I wanted to point out that a harsher penalty than one who, just through of this bill because we need legislation that the legislation we will finally pass to- reckless indifference, submits a form that con- will improve the flow of important safety infor- night is all about information. It is tains false information. Both of these acts cur- mation from motor vehicle and motor vehicle about getting the information in the rently carry a maximum jail sentence of five parts manufacturers to federal regulators and proper hands so that, instead of an years. Under H.R. 5164, an intentional consumers. This bill does not do all it should, awful recall, instead of a body count misstatement (or omission) of information but it does represent a modest step forward. accumulating before defective products about safety related defects would lead to a And even more importantly, further improve- are taken off the market, that in fact trebled maximum penalty of 15 years. ments are possible in discussions with the those products never make it to the Under normal circumstances, the Committee Senate as we craft final legislation. marketplace in the first place, that we on the Judiciary would have formally asserted There are several deficiencies in the bill that do not have to suffer the loss of Amer- and exercised its jurisdiction over the criminal should be addressed by the conference com- ican citizens to find out that some- penalties section of this legislation. However, mittee in the event that Senator MCCAIN'S bill, thing went wrong. at this late stage in the session it would have S. 3059, passes the Senate. Foremost among Again, I want to thank all of my col- been difficult for us to do so without running these are provisions that have the appearance leagues and all the staffs for the great the risk that it become delayed or bogged of criminal penalties but will, in all likelihood, work on this bill. I hope that before we down by procedural roadblocks. Given the im- have no meaningful impact. adjourn this session, the words of the portance of this bill, we instead chose to work The criminal provisions in this bill would only gentleman from Michigan (Mr. UPTON) closely with the Commerce Committee and its extend to a particularly exotic variety of false will ring in the ears of everyone who is staff to develop and perfect the criminal provi- statements. It does nothing to punish a manu- left to consider that, that it would be sions. Included in our consultations with the facturer's willful introduction of a deadly and an awful shame if we left this session Commerce Committee was a discussion of defective product onto the market. Nor does it without putting this bill for signature many of the issues that were identified to us punish a manufacturer's knowing failure to act on the President’s desk. by the Department of Justice. Where possible, to prevent a deadly and defective product from Mr. HYDE. Mr. Speaker, we all understand we incorporated their constructive sugges- reaching consumers. That is the type of con- the importance of this legislation. It would tions. duct that the government needs to deter and have been difficult, if not impossible, to ignore I have been assured, however, that by needs to punish through the criminal law. the well publicized incidents involving motor electing not to formally exercise the commit- In fact, the criminal provisions in this bill are vehicles and their tires which have been high- tee's jurisdiction over these important criminal probably unenforceable. To obtain a conviction lighted in excellent oversight hearings by the sections, we have in no way waived or limited under this bill, a prosecutor would first have to Committee on Commerce. The result of these our right to be fully represented on any con- prove up all of the elements of a criminal false hearings has been to call into question the ference committee that might be appointed to statement with respect to an auto safety re- sufficiency of the regulatory scheme governing resolve differences with the Senate. porting requirement. That conduct is already the motor vehicle industry, and to ask whether It is my strong hope that this legislation will punishable by imprisonment under existing further incentives are needed to ensure that be enacted before the end of this legislative law, 18 U.S.C. 1001. In addition, a prosecutor safety information will be made available to session, and that the new criminal provisions would need to prove that the accused made the public in a timely fashion. It was the con- it contains will have the desired deterrent ef- the false statement with (1) the specific intent, sidered opinion of the Commerce Committee fect on the withholding of safety information, (2) to mislead the Secretary of Transportation, that changes were needed, as evidenced by and a concurrent salutory effect on the safety (3) with respect to safety related defects, (4) this bipartisan legislation that we have before of the motor vehicles available to American that caused death or grievous bodily harm to us. consumers. I congratulate its sponsors for an individual. That's not all. On top of all that, The TREAD Act, as it is known, strengthens their hard work in crafting a balanced measure a prosecutor must also prove that the accused current reporting requirements about defects which they were able to bring to the floor so failed to correct the error or omission within a in motor vehicles, tires, or other motor vehicle expeditiously, and in such a bipartisan man- reasonable time. How long a reasonable time equipment. It would also require reporting of ner. is, and what exactly constitutes a correction is defects in motor vehicles and products which Mr. GREEN of Texas. Mr. Speaker, I rise anyone's guess. The bill leaves it up to the occur in foreign countries, something that today in support of H.R. 5164, the TREAD Secretary of Transportation. many believe would have saved lives had it Act. This bill, of which I am a cosponsor, was If those aren't enough obstacles to success- been in place when safety incidents began oc- introduced by my friends on the Commerce ful enforcement, there's more: The Justice De- curring in places such as Venezuela and Committee, Representatives TAUZIN and partment may only prosecute a violation of this Saudi Arabia. As part of this intensified report- UPTON. statute at the request of the Transportation ing scheme, H.R. 5164 would subject persons I would like especially to thank Representa- Secretary. A prosecutor can not commence a who intentionally violate these, as well as ex- tive TAUZIN, the Chairman of the Tele- prosecution if the Secretary fails or refuses to isting, reporting requirements to heightened communications Subcommittee, for his willing- act. criminal fines and penalties. ness to work with our office on the two There are so many obstacles to prosecution In my view, this new criminal penalty section amendments, which were accepted. in this bill that it would probably never be used strikes an eminently reasonable balance. It pe- These amendments, which deal with keep- successfully, and it will probably do little to nalizes truly intentional acts of withholding or ing recalled and defective equipment out of deter the egregious misconduct that we're all falsifying safety information while continuing to the stream of commerce and the safety testing concerned about. We can and must do better encourage the motor vehicle industry to pro- of vehicles, addressed key consumer safety than that.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00125 Fmt 4634 Sfmt 9920 E:\CR\FM\K10OC7.234 pfrm01 PsN: H10PT1 H9632 CONGRESSIONAL RECORD — HOUSE October 10, 2000

The provisions Senator MCCAIN has in- The question was taken; and (two- York, as the ‘‘James W. McCabe, Sr. Post Of- cluded in S. 3059, while not perfect, are at thirds having voted in favor thereof) fice Building.’’ least a better approach. The Senate bill fo- the rules were suspended and the bill, H.R. 2496. An act to reauthorize the Junior as amended, was passed. Duck Stamp Conservation and Design Pro- cuses, not on false statements to government gram Act of 1994. regulators, but more appropriately on a manu- A motion to reconsider was laid on H.R. 2641. An act to make technical correc- facturer's intentional failure to act to prevent a the table. tions to title X of the Energy Policy Act of serious accident. That bill would make it un- f 1992. lawful for a director, officer, or agent of a man- H.R. 2778. An act to amend the Wild and ufacturer to authorize, order, or ratify the intro- LEAVE OF ABSENCE Scenic Rivers Act to designate segments of duction of a motor vehicle or motor vehicle By unanimous consent, leave of ab- the Taunton River in the Commonwealth of equipment if he or she knew that the company sence was granted to: Massachusetts for study for potential addi- tion to the National Wild and Scenic Rivers had failed to comply with a safety standard or Ms. CARSON (at the request of Mr. System, and for other purposes. failed to report a defect; knew the condition of GEPHARDT) for today on account of offi- H.R. 2938. An act to designate the facility a vehicle created an ``imminent serious danger cial business. of the United States Postal Service located of death or grievous bodily harm;'' and knew Mr. STARK (at the request of Mr. GEP- at 424 South Michigan Street in South Bend, that the condition actually caused grievous HARDT) for today on account of health Indiana, as the ‘‘John Brademas Post Of- bodily harm or death. I believe this provision reasons. fice.’’ H.R. 3030. An act to designate the facility more directly addresses the problem and will Mr. POMBO (at the request of Mr. of the United States Postal Service located more effectively deter a manufacturer from ig- ARMEY) for today on account of attend- at 757 Warren Road in Ithaca, New York, as noring serious safety defects simply to pursue ing a funeral. the ‘‘Matthew F. McHugh Post Office.’’ a profit. f H.R. 3201. An act to authorize the Sec- If and when this bill reaches the conference retary of the Interior to study the suit- committee, we should at least adopt the Sen- SPECIAL ORDERS GRANTED ability and feasibility of designating the ate provision. I intend to work with Senator By unanimous consent, permission to Carter G. Woodson Home in the District of MCCAIN to further improve the criminal penalty address the House, following the legis- Columbia as a National Historic Site, and for provisions he has already included. other purposes. lative program and any special orders H.R. 3454. An act to designate the United This legislation also fails to provide the Na- heretofore entered, was granted to: States post office located at 451 College tional Highway Traffic Safety Administration (The following Members (at the re- Street in Macon, Georgia, as the ‘‘Henry with the civil enforcement provisions that they quest of Mr. LUTHER) to revise and ex- McNeal Turner Post Office.’’ say they need. NHTSA has been hamstrung tend their remarks and include extra- H.R. 3632. An act to revise the boundaries by its inability to assess civil penalties admin- neous material:) of the Golden Gate National Recreation istratively. Almost every other regulatory agen- Mrs. MALONEY of New York, for 5 Area, and for other purposes. H.R. 3745. An act to authorize the addition cy has this authority, including the Environ- minutes, today. mental Protection Agency, the Food and Drug of certain parcels to the Effigy Mounds Na- Mr. FILNER, for 5 minutes, today. tional Monument, Iowa. Administration, and agencies within the De- Mr. SCOTT, for 5 minutes, today. H.R. 3817. An act to dedicate the Big South partment of Transportation. While NHTSA has Mr. HOYER, for 5 minutes, today. Trail in the Commanche Peak Wilderness requested this authority, the House Commerce f Area of Roosevelt National Forest in Colo- Committee has denied it. rado to the legacy of Jaryd Atadero. This creates the baffling situation where SENATE BILLS REFERRED H.R. 3909. An act to designate the facility members of Congress are attacking NHTSA of the United States Postal Service located Bills of the Senate of the following at 4601 South Cottage Grove Avenue in Chi- for not enforcing motor vehicle safety laws titles were taken from the Speaker’s more aggressively, while denying NHTSA's re- cago, Illinois, as the ‘‘Henry W. McGee Post table and, under the rule, referred as Office Building.’’ quest for adequate enforcement powers. follows: H.R. 3985. An act to redesignate the facil- Finally, there are also lost opportunities in S. 1756. An act to enhance the ability of the ity of the United States Postal Service lo- this legislation. In the early 1970's, NHTSA National Laboratories to meet Department cated at 14900 Southwest 30th Street in issued a roof crush resistance standard for of Energy missions, and for other purposes; Miramar, Florida, as the ‘‘Vicki Coceano passenger cars. This standard is outdated and to the Committee on Science; in addition to Post Office Building.’’ fails to model what happens in real-world the Committee on Armed Services for a pe- H.R. 4157. An act to designate the facility crashes. riod to be subsequently determined by the of the United States Postal Service located This is a very serious matter. According to Speaker, in each case for consideration of at 600 Lincoln Avenue in Pasadena, Cali- such provisions as fall within the jurisdic- fornia, as the ‘‘Matthew ‘Mack’ Robinson NHTSA, in 1998 there were almost 11 million Post Office Building.’’ vehicle crashes involving rollovers. Over 3.6 tion of the committee concerned. S. 2686. An act to amend chapter 36 of title H.R. 4169. An act to designate the facility million of those accidents resulted in injury or 39, United States Code, to modify rates relat- of the United States Postal Service located death. Rollovers played a part in over 15 per- ing to reduced rate mail matter, and for at 2000 Vassar Street in Reno, Nevada, as the cent of the passenger car crashes that re- other purposes; to the Committee on Govern- ‘‘Barbara F. Vucanovich Post Office Build- sulted in fatalities. Rollovers occurred in 36 ment Reform. ing.’’ percent of sport utility vehicle accidents that S. 3062. An act to modify the date on which H.R. 4286. An act to provide for the estab- lishment of the Cahaba River National Wild- resulted in fatalities. the Mayor of the District of Columbia sub- mits a performance accountability plan to life Refuge in Bibb County, Alabama. This legislation should require NHTSA to H.R. 4435. An act to clarify certain bound- issue a new roof crush standard. Our cars Congress, and for other purposes; to the Committee on Government Reform. aries on the map relating to Unite NC–01 of have changed remarkably since the 1970's, the Central Barrier Resources System. and it's just commonsense that our safety f H.R. 4447. An act to designate the facility standards ought to keep pace with these ENROLLED BILLS SIGNED of the United States Postal Service located changes. at 919 West 34th Street in Baltimore, Mary- Mr. Speaker, this is the time to pass strong Mr. THOMAS, from the Committee land, as the ‘‘Samuel H. Lacy, Sr. Post Office on House Administration, reported Building.’’ legislation that provides meaningful protection H.R. 4448. An act to designate the facility for the public. I urge my colleagues to pass that the committee had examined and found truly enrolled bills of the House of the United States Postal Service located this bill so that we can work with the Senate at 3500 Dolfield Avenue in Baltimore, Mary- to craft legislation that families across our of the following titles, which were land, as the ‘‘Judge Robert Bernard Watts, country deserve. thereupon signed by the Speaker. Sr. Post Office Building.’’ Mr. TAUZIN. Mr. Speaker, I yield H.R. 1509. An act to authorize the Disabled H.R. 4449. An act to designate the facility back the balance of my time. Veterans’ LIFE Memorial Foundation to es- of the United States Postal Service located The SPEAKER pro tempore (Mr. tablish a memorial in the District of Colum- at 1908 North Ellamont Street in Baltimore, bia or its environs to honor veterans who be- Maryland, as the ‘‘Dr. Flossie McClain RYAN of Wisconsin). The question is on came disabled while serving in the Armed Dedmond Post Office Building.’’ the motion offered by the gentleman Forces of the United States. H.R. 4475. An act making appropriations from Louisiana (Mr. TAUZIN) that the H.R. 2302. An act to designate the building for the Department of Transportation and House suspend the rules and pass the of the United States Postal Service located related agencies for the fiscal year ending bill, H.R. 5164, as amended. at 307 Main Street in Johnson City, New September 30, 2001, and for other purposes.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.149 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9633 H.R. 4484. An act to designate the facility H.R. 4579. To provide for the exchange of Agency, transmitting the Agency’s final of the United States Postal Service located certain lands within the State of Utah. rule—Phosphorous Acid; Exemption from the at 500 North Washington Street in Rockville, H.R. 4583. To extend the authorization for Requirement of a Tolerance [OPP–301030; Maryland, as the ‘‘Everett Alvarez, Jr. Post the Air Force Memorial Foundation to estab- FRL–6599–1] (RIN: 2070–AB) received October Office Building.’’ lish a memorial in the District of Columbia 4, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to H.R. 4517. An act to designate the facility or its environs. the Committee on Agriculture. of the United States Postal Service located On October 6, 2000: 10516. A letter from the Assistant Sec- at 24 Tsienneto Road in Derry, New Hamp- H.R. 1143. To establish a program to pro- retary, Occupational Safety and Health Ad- shire, as the ‘‘Alan B. Shepard, Jr. Post Of- vide assistance for programs of credit and ministration, transmitting the Administra- fice Building.’’ other financial services for microenterprises tion’s final rule—Nationally Recognized H.R. 4534. An act to redesignate the facil- in developing countries, and for other pur- Testing Laborities—Fees; Public Comment ity of the United States Postal Service lo- poses. Period on Regulation Notices [Docket No. cated at 114 Ridge Street, N.W. in Lenoir, H.R. 1162. To designate the bridge on the NRTL 95–F–1] (RIN: 1218–AB57) received Oc- North Carolina, as the ‘‘James T. Broyhill United States Route 231 that crosses the tober 3, 2000, pursuant to 5 U.S.C. Post Office Building.’’ Ohio River between Maceo, Kentucky, and 801(a)(1)(A); to the Committee on Education H.R. 4554. An act to redesignate the facil- Rockport, Indiana, as the ‘‘William H. and the Workforce. ity of the United States Postal Service lo- Natcher Bridge.’’ 10517. A letter from the Director, Regula- cated at 1602 Frankford Avenue in Philadel- H.R. 4318. To establish the Red River Na- tions Policy and Management Staff, FDA, phia, Pennsylvania, as the ‘‘Joseph F. Smith tional Wildlife Refuge. Department of Health and Human Services, Post Office Building.’’ H.R. 1605. To designate the Federal build- transmitting the Department’s final rule— H.R. 4615. An act to redesignate the facility ing and United States courthouse located at Food Labeling: Health Claims and Labeling of the United States Postal Service located 402 North Walnut Street in Harrison, Arkan- Statements; Dietary Fiber and Cancer; Anti- at 3030 Meredith Avenue in Omaha, Ne- sas, as the ‘‘J. Smith Henley Federal Build- oxidant Vitamins and Cancer; Omega-3 Fatty braska, as the ‘‘Reverend J.C. Wade Post Of- ing and United States Courthouse.’’ Acids and Coronary Heart Disease; Folate fice.’’ H.R. 4642. To make certain personnel flexi- and Neural Tube Defects; Revocation [Dock- H.R. 4658. An act to designate the facility bilities available with respect to the General et Nos. 91N–0101, 91N–0098, 91N–0103, and 91N– of the United States Postal Service located Accounting Office, and for other purposes. 100H] (RIN: 0910–AA19) received October 6, at 301 Green Street in Fayetteville, North H.R. 4806. To designate the Federal build- 2000, pursuant to 5 U.S.C. 801(a)(1)(A); to the Carolina, as the ‘‘J.L. Dawkins Post Office ing located at 1710 Alabama Avenue in Jas- Committee on Commerce. Building.’’ per, Alabama, as the ‘‘Carl Elliott Federal 10518. A letter from the Director, Regula- H.R. 4884. An act to redesignate the facil- Building.’’ tions Policy and Management Staff, FDA, ity of the United States Postal Service lo- H.R. 5284. To designate the United States Department of Health and Human Services, cated at 200 West 2nd Street in Royal Oak, customhouse located at 101 East Main Street transmitting the Department’s final rule— Michigan, as the ‘‘William S. Broomfield in Norfolk, Virginia, as the ‘‘Owen B. Pick- Regulations on Statements Made for Dietary Post Office Building.’’ ett United States Customhouse.’’ Supplements Concerning the Effect of the H.R. 4975. An act to designate the post of- On October 7, 2000: Product on the Structure or Function of the fice and courthouse located at 2 Federal H.R. 4733. Making appropriations for en- Body; Partial Stay or Compliance [Docket Square, Newark, New Jersey, as the ‘‘Frank ergy and water development for the fiscal No. 98N–0044] (RIN: 0910–AB97) received Octo- R. Lautenberg Post Office and Courthouse.’’ year ending September 30, 2001, and for other ber 6, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); H.R. 5036. An act to amend the Dayton purposes. to the Committee on Commerce. Aviation Heritage Preservation Act of 1992 H.R. 4578. Making appropriations for the 10519. A letter from the Director, Regula- to clarify the areas included in the Dayton Department of the Interior and related agen- tions Policy and Management Staff, FDA, Aviation Heritage National Historical Park cies for the fiscal year ending September 30, Department of Health and Human Services, and to authorize appropriations for that 2001, and for other purposes. transmitting the Department’s final rule— park. On October 10, 2000: Listing of Color Additives for Coloring Su- f H.R. 4444. To authorize extension of non- tures; D&C Violet No. 2; Confirmation of Ef- discriminatory treatment (normal trade re- fective Date [Docket No. 99C–1455] received SENATE ENROLLED BILL SIGNED lations treatment) to the People’s Republic October 6, 2000, pursuant to 5 U.S.C. The SPEAKER announced his signa- of China, and to establish a framework for 801(a)(1)(A); to the Committee on Commerce. ture to an enrolled bill of the Senate of relations between the United States and the 10520. A letter from the Director, Regula- the following title: People’s Republic of China. tions Policy and Management Staff, FDA, f Department of Health and Human Services, S. 2311. An act to amend the Public Health transmitting the Department’s final rule— Service Act to revise and extend programs ADJOURNMENT Gastroenterology and Urology Devices; Ef- established under the Ryan White Com- fective Date of Requirement for Premarket prehensive AIDS Resources Emergency Act Mr. TAUZIN. Mr. Speaker, pursuant Approval of the Implanted Mechanical/Hy- of 1990, and for other purposes. to House Resolution 618, I move that draulic Urinary Continence Device [Docket f the House do now adjourn in memory No. 94N–0380] received October 6, 2000, pursu- BILLS AND A JOINT RESOLUTION of the late Hon. BRUCE F. VENTO. ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Commerce. PRESENTED TO THE PRESIDENT The motion was agreed to; accord- ingly (at 12 o’clock and 25 minutes 10521. A letter from the Deputy Associate Mr. THOMAS, from the Committee a.m.), pursuant to House Resolution Administrator, Environmental Protection on House Administration, reported 618, the House adjourned in memory of Agency, transmitting the Agency’s final rule—Hazardous Waste Management System; that that committee did on the fol- the late Hon. BRUCE F. VENTO until lowing dates present to the President, Identification and Listing of Hazardous today, October 11, 2000, at 10 a.m. Waste; Chlorinated Aliphatics Production for his approval, bills and a joint reso- f Wastes; Land Disposal Restrictions for lution of the House of the following ti- Newly Identified Wastes; and CERCLA Haz- tles: EXECUTIVE COMMUNICATIONS, ardous Substance Designation and Report- On October 5, 2000: ETC. able Quantities [SWH–FRL–6882–6] (RIN: 2050–AD85) received October 4, 2000, pursuant H.J. Res. 110. Making further continuing Under clause 8 of rule XII, executive appropriations for the fiscal year 2001, and to 5 U.S.C. 801(a)(1)(A); to the Committee on for other purposes. communications were taken from the Commerce. H.R. 1800. To amend the Violent Crime Speaker’s table and referred as follows: 10522. A letter from the Deputy Associate Control and Law Enforcement Act of 1994 to 10514. A letter from the Under Secretary, Administrator, Environmental Protection ensure that certain information regarding Food, Nutrition, and Consumer Services, De- Agency, transmitting the Agency’s final prisoners is reported to the Attorney Gen- partment of Agriculture, transmitting the rule—Clean Air Act Promulgation of Exten- eral. Department’s final rule—FOOD STAMP sion of Attainment Date for the San Diego, H.R. 2752. To direct the Secretary of the In- PROGRAM, REGULATORY REVIEW: Elec- California Serious Ozone Nonattainment terior to sell certain public land in Lincoln tronic Benefit Transfer (EBT) Provisions of Area [CA–029–EXTa; FRL–6872–8] received County through a competitive process. the Personal Responsibility and Work Oppor- October 4, 2000, pursuant to 5 U.S.C. H.R. 2773. To amend the Wild and Scenic tunity Reconciliation Act of 1996 [Amend- 801(a)(1)(A); to the Committee on Commerce. Rivers Act to designate the Wekiva River ment No. 390] (RIN: 0584–AC44) received Octo- 10523. A letter from the Deputy Associate and its tributaries of Wekiwa Springs Run, ber 6, 2000, pursuant to 5 U.S.C. 801(a)(1)(A); Administrator, Environmental Protection Rock Springs Run, and Black Water Creek in to the Committee on Agriculture. Agency, transmitting a Agency’s final rule— the State of Florida as components of the 10515. A letter from the Deputy Associate Comprehensive Environmental Response, national wild and scenic rivers system. Administrator, Environmental Protection Compensation and Liability Act (CERCLA)

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\A10OC7.110 pfrm01 PsN: H10PT1 H9634 CONGRESSIONAL RECORD — HOUSE October 10, 2000 or SUPERFUND, Section 104 ‘‘Announce- 801(a)(1)(A); to the Committee on Transpor- form, and in addition to the Committee on ment of Proposal Deadline for the Competi- tation and Infrastructure. Commerce, for a period to be subsequently tion for the FY 2001 Brownfields Cleanup Re- 10533. A letter from the Program Analyst, determined by the Speaker, in each case for volving Loan Fund Pilots’’ [FRL–6884–1] re- FAA, Department of Transportation, trans- consideration of such provisions as fall with- ceived October 5, 2000, pursuant to 5 U.S.C. mitting the Department’s final rule—Air- in the jurisdiction of the committee con- 801(a)(1)(A); to the Committee on Commerce. worthiness Directives; Agusta S.p.A. Model cerned. 10524. A letter from the Secretary, Federal A109E Helicopters [Docket No. 2000–SW–41– By Mr. GIBBONS: Trade Commission, Bureau of Consumer Pro- AD; Amendment 39–11898; AD 2000–17–52] H.R. 5428. A bill to direct the Secretary of tection, transmitting the Commission’s final (RIN: 2120–AA64) received October 6, 2000, the Interior to exercise authority under the rule—Rule Concerning Disclosures Regarding pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Southern Nevada Public Land Management Energy Consumption and Water Use of Cer- mittee on Transportation and Infrastruc- Act of 1998 to acquire by exchange certain tain Home Appliances and Other Products ture. environmentally sensitive lands for inclu- Required Under the Energy Policy and Con- 10534. A letter from the General Counsel, sion in the Red Rock Canyon National Con- servation Act—received October 5, 2000, pur- National Aeronautics and Space Administra- servation Area; to the Committee on Re- suant to 5 U.S.C. 801(a)(1)(A); to the Com- tion, transmitting the Administration’s final sources. mittee on Commerce. rule—Code of Contact for International By Mr. CUNNINGHAM: H.R. 5429. A bill to amend title 18, United 10525. A letter from the Director, Office of Space Station Crew (RIN: 2700–AC40) re- States Code, to protect and promote the pub- Congressional Affairs, Nuclear Regulatory ceived October 4, 2000, pursuant to 5 U.S.C. lic safety and interstate commerce by estab- Commission, Office of Nuclear Material Safe- 801(a)(1)(A); to the Committee on Science. lishing Federal criminal penalties and civil ty and Safeguards, transmitting the Com- f mission’s final rule—List of Approved Spent remedies for certain violent, threatening, ob- Fuel Storage Casks: HI-STAR 100 Revision REPORTS OF COMMITTEES ON structive and destructive conduct that is in- tended to injure, intimidate, or interfere (RIN: 3150–AG58) received October 9, 2000, PUBLIC BILLS AND RESOLUTIONS pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- with persons seeking to operate animal en- mittee on Commerce. Under clause 2 of rule XIII, reports of terprises, and for other purposes; to the 10526. A letter from the Assistant Sec- committees were delivered to the Clerk Committee on the Judiciary. retary for Legislative Affairs, Department of for printing and reference to the proper By Mr. GREEN of Texas: State, transmitting certification of a pro- H.R. 5430. A bill to require the Federal calendar, as follows: Trade Commission to prescribe regulations posed license for the export of defense arti- Mr. BLILEY: Committee on Commerce. cles or defense services sold commercially to protect the privacy of personal informa- House Resolution 575. Resolution supporting tion collected from and about individuals on under a contract to the United Kingdom, Internet safety awareness; with an amend- the Internet, to provide greater individual France, Italy, Sweden, Australia, Germany, ment (Rept. 106–949). Referred to the House control over the collection and use of that Norway, Japan, Belgium, Bermuda, Canada Calendar. information, and for other purposes; to the [DTC 111–00], pursuant to 22 U.S.C. 2776(c); to Mr. BLILEY: Committee on Commerce. Committee on Commerce. the Committee on International Relations. H.R. 762. A bill to amend the Public Health 10527. A letter from the Assistant Sec- By Mr. GUTIERREZ: Service Act to provide for research and serv- H.R. 5431. A bill to redesignate the facility retary for Legislative Affairs, Department of ices with respect to lupus; with an amend- of the United States Postal Service located State, transmitting certification of a pro- ment (Rept. 106–950). Referred to the Com- at 3319 North Cicero Avenue in Chicago, Illi- posed license for the export of defense arti- mittee of the Whole House on the State of nois, as the ‘‘Roman Pucinski Post Office’’; cles or defense services sold commercially the Union. to the Committee on Government Reform. under a contract to France and Germany Mr. SESSIONS: Committee on Rules. By Mrs. MALONEY of New York (for [Transmittal No. DTC 66–00], pursuant to 22 House Resolution 615. Resolution providing herself and Mr. LANTOS): U.S.C. 2776(c); to the Committee on Inter- for consideration of motions to suspend the H.R. 5432. A bill to amend the Nazi War national Relations. rules (Rept. 106–951). Referred to the House Crimes Disclosure Act to extend and modify 10528. A letter from the Director, U.S. the functions of the Nazi War Criminal Trade and Development Agency, transmit- Calendar. Mrs. MYRICK: Committee on Rules. House Records Interagency Working Group to cover ting a report on the Strategic Plan for FY records of the Japanese Imperial Govern- 2001–2006; to the Committee on Government Resolution 616. Resolution waiving points of order against the conference report to ac- ment, for other purposes; to the Committee Reform. on Government Reform. 10529. A letter from the Program Analyst, company the bill (H.R. 4205) to authorize ap- propriations for fiscal year 2001 for military By Mr. RANGEL: FAA, Department of Transportation, trans- H.R. 5433. A bill to permit expungement of mitting the Department’s final rule—Air- activities of the Department of Defense and for military construction, to prescribe mili- records of certain nonviolent criminal of- worthiness Directives; Airbus Model A330 fenses; to the Committee on the Judiciary. and A340 Series Airplanes [Docket No. 2000– tary personnel strengths for fiscal year 2001, and for other purposes (Rept. 106–952). Re- By Mrs. ROUKEMA: NM–43–AD; Amendment 39–11907; AD 2000–19– H.R. 5434. A bill to amend title XVIII of the ferred to the House Calendar. 06] (RIN: 2120–AA64) received October 6, 2000, Social Security Act to eliminate discrimina- Mr. DIAZ-BALART: Committee on Rules. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tory copayment rates for outpatient psy- House Resolution 617. Resolution waiving mittee on Transportation and Infrastruc- chiatric services under the Medicare Pro- points of order against the conference report ture. gram; to the Committee on Commerce, and to accompany the bill (H.R. 4461) making ap- 10530. A letter from the Program Analyst, in addition to the Committee on Ways and propriations for Agriculture, Rural Develop- FAA, Department of Transportation, trans- Means, for a period to be subsequently deter- mitting the Department’s final rule—Air- ment, Food and Drug Administration, and mined by the Speaker, in each case for con- worthiness Directives; Boeing Model 777 Se- Related Agencies programs for fiscal year sideration of such provisions as fall within ries Airplanes [Docket No. 2000–NM–259–AD; ending September 30, 2001, and for other pur- the jurisdiction of the committee concerned. Amendment 39–11909; AD 2000–19–08] (RIN: poses (Rept. 106–953). Referred to the House By Mr. SMITH of New Jersey (for him- Calendar. 2120–AA64) received October 6, 2000, pursuant self and Mr. SAXTON): to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. BLILEY: Committee on Commerce. H.R. 5435. A bill to amend title 38, United Transportation and Infrastructure. H.R. 5164. A bill to amend title 49, United States Code, to authorize the payment of de- 10531. A letter from the Program Analyst, States Code, to require reports concerning pendency and indemnity compensation to FAA, Department of Transportation, trans- defects in motor vehicles or tires or other the surviving spouses and children of certain mitting the Department’s final rule—Air- motor vehicle equipment in foreign coun- veterans with a service-connected disability worthiness Directives; Empresa Brasileira de tries, and for other purposes; with an amend- that was continuously rated totally dis- Aeronautica S.A. (EMBRAER) Model EMB– ment (Rept. 106–954). Referred to the Com- abling for a period of one or more years im- 135 and EMB–145 Series Airplanes [Docket mittee of the Whole House on the State of mediately preceding death; to the Com- No. 2000–NM–300–AD; Amendment 39–11903; the Union. mittee on Veterans’ Affairs. AD 2000–19–02] (RIN: 2120–AA64) received Oc- f By Mr. SMITH of New Jersey: tober 6, 2000, pursuant to 5 U.S.C. H.R. 5436. A bill to amend the Internal Rev- 801(a)(1)(A); to the Committee on Transpor- PUBLIC BILLS AND RESOLUTIONS enue Code of 1986 to allow a credit against tation and Infrastructure. Under clause 2 of rule XII, public gross income for organ donation; to the Com- 10532. A letter from the Program Analyst, bills and resolutions of the following mittee on Ways and Means. FAA, Department of Transportation, trans- By Mr. TIERNEY (for himself, Mr. mitting the Department’s final rule—Air- titles were introduced and severally re- MEEHAN, Mr. NEAL of Massachusetts, worthiness Directives; Empresa Brasileira de ferred, as follows: Ms. WOOLSEY, Mr. GEORGE MILLER of Aeronautica S.A. (EMBRAER) Model EMB– By Mr. PORTMAN (for himself and Mr. California, Mr. CAPUANO, Mr. OLVER, 135 and EMB–145 Series Airplanes [Docket LEVIN): Mr. WEINER, Ms. MILLENDER-MCDON- No. 2000–NM–301–AD; Amendments 39–11904; H.R. 5427. A bill to reauthorize the Drug- ALD, Mr. STARK, Mr. MCGOVERN, Mr. AD 2000–19–03] (RIN: 2120–AA64) received Oc- Free Communities Act, and for other pur- FRANK of Massachusetts, Mr. MAR- tober 6, 2000, pursuant to 5 U.S.C. poses; to the Committee on Government Re- KEY, Mr. MOAKLEY, Mr. NADLER, Mr.

VerDate 02-OCT-2000 05:27 Oct 11, 2000 Jkt 089060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\L10OC7.000 pfrm01 PsN: H10PT1 October 10, 2000 CONGRESSIONAL RECORD — HOUSE H9635

ANDREWS, Mr. PALLONE, Mr. MENEN- By Mr. YOUNG of Alaska: H.R. 5027: Mr. LEWIS of Kentucky. DEZ, Mr. DELAHUNT, Ms. LOFGREN, H. Res. 621. A resolution providing for the H.R. 5095: Ms. BALDWIN. and Ms. PELOSI): concurrence by the House with an amend- H.R. 5096: Mrs. MORELLA, Mr. FRANK of H.R. 5437. A bill to require a study by the ment in the Senate amendment to H.R. 150; Massachusetts, Ms. ESHOO, Mrs. MINK of Ha- Bureau of Labor Statistics to develop a considered and agreed to. waii, Mr. CAPUANO, Mr. MARKEY, Mr. FARR of methodology for measuring the cost of living f California, Mr. SANDLIN, Mr. LANTOS, Mr. in each State, and to require a study by the BAIRD, and Mr. KUCINICH. General Accounting Office to determine how ADDITIONAL SPONSORS H.R. 5137: Mr. FILNER, Mr. HOEFFEL, and Federal benefits would be increased in each Under clause 7 of rule XII, sponsors Mr. MCHUGH. State if the determination of such benefits were added to public bills and resolu- H.R. 5247: Mr. BAIRD. were based on such methodology; to the tions as follows: Committee on Education and the Workforce, H.R. 5259: Mr. SHAW, Mr. HILLEARY, Mr. H.R. 842: Mr. BLAGOJEVICH. and in addition to the Committees on Ways JOHN, Mr. FOLEY, Mr. MCCRERY, Mr. ISAKSON, H.R. 960: Mr. LANTOS. and Means, and Banking and Financial Serv- and Mr. BISHOP. H.R. 1046: Mr. ROGAN. ices, for a period to be subsequently deter- H.R. 5261: Mr. BORSKI, Mr. HILLIARD, and H.R. 1275: Mr. BROWN of Ohio, Mr. GREEN of mined by the Speaker, in each case for con- Mr. LANTOS. APPS ROWN Wisconsin, Mrs. C , and Ms. B of H.R. 5271: Mr. RODRIGUEZ. sideration of such provisions as fall within Florida. the jurisdiction of the committee concerned. H.R. 5287: Mr. DEUTSCH. H.R. 1422: Mr. CONDIT. By Ms. KAPTUR (for herself and Mr. H.R. 5324: Mr. LAFALCE and Mr. PRICE of H.R. 1621: Mr. JONES of North Carolina and OBEY): North Carolina. Mr. SISISKY. H. Con. Res. 420. Concurrent resolution H.R. 5337: Mr. DEUTSCH. H.R. 1732: Mr. CARDIN. providing for corrections in the enrollment H.R. 1824: Mr. MCKEON and Mr. HOBSON. H.R. 5337: Mr. FILNER. of the bill H.R. 4461; to the Committee on H.R. 2351: Mr. KANJORSKI. H.R. 5345: Mr. EVANS. Commerce, and in addition to the Committee H.R. 2562: Mrs. LOWEY. H.R. 5365: Mr. ROHRABACHER. on House Administration, for a period to be H.R. 2741: Mr. DELAHUNT. H.R. 5366: Mr. YOUNG of Alaska, Mr. subsequently determined by the Speaker, in H.R. 2870: Mr. THOMPSON of California. KNOLLENBERG, Mr. JOHN, and Mr. SCHAFFER. each case for consideration of such provi- H.R. 2900: Mr. REYES and Mr. THOMPSON of H.R. 5373: Mr. TOOMEY and Mr. ADERHOLT. sions as fall within the jurisdiction of the California. H.R. 5385: Mr. MICA, Mr. FORBES, Mr. GARY committee concerned. H.R. 3302: Mr. SPENCE. MILLER of California, and Mr. THUNE. By Mr. BRYANT: H. Con. Res. 421. Concurrent resolution ex- H.R. 3377: Mr. BALDACCI. H.R. 5397: Mr. LEACH and Mrs. THURMAN. pressing the sense of the Congress with re- H.R. 3514: Mr. PAYNE and Mrs. ROUKEMA. H.R. 5410: Mr. DAVIS of Florida. spect to the accomplishments of the U.S.S. H.R. 3580: Mr. JOHN and Mr. SCHAFFER. H.R. 5417: Mr. MCCOLLUM, Mr. BEREUTER, Tennessee (BB–43) during World War II; to H.R. 3842: Ms. LEE, Mr. ROEMER, Mr. Mr. BACHUS, Mr. KING, Mr. ROYCE, Mr. the Committee on Armed Services. BERRY, Mr. THUNE, Mr. BLAGOJEVICH, Mr. METCALF, Mr. BARR of Georgia, Mr. RYUN of By Mr. DAVIS of Illinois: LAZIO, Ms. VELAZQUEZ, Ms. ROS-LEHTINEN, Kansas, Mr. COOK, Mr. RILEY, Mr. MANZULLO, H. Con. Res. 422. Concurrent resolution au- Mr. LEVIN, Mr. MANZULLO, and Mr. KUCINICH. Mr. RYAN of Wisconsin, Mr. OSE, Mr. thorizing the use of the Capitol Grounds for H.R. 3875: Mr. BISHOP. SWEENEY, Mr. TERRY, Mr. CARDIN, Mr. the Million Family March; to the Committee H.R. 4046: Mr. BLUMENAUER and Mr. WAX- GEJDENSON, Mr. GEORGE MILLER of Cali- on Transportation and Infrastructure. MAN. fornia, Mr. CUMMINGS, Mr. SCOTT, and Mr. By Mr. OBERSTAR: H.R. 4219: Mrs. ROUKEMA, Mr. BECERRA, and FALEOMAVAEGA. H. Res. 618. A resolution expressing the Mr. WAMP. H. Con. Res. 174: Ms. STABENOW and Mr. condolences of the House of Representatives H.R. 4239: Mr. GUTIERREZ. KUCINICH. H.R. 4277: Mr. WYNN. on the death of the Honorable Bruce F. H. Con. Res. 363: Mr. LANTOS. H.R. 4334: Mr. FOLEY. Vento, a Representative from the State of H. Con. Res. 370: Ms. MILLENDER-MCDON- Minnesota; considered and agreed to. H.R. 4412: Ms. MILLENDER-MCDONALD and ALD. By Mr. GREEN of Wisconsin: Mr. HILLIARD. H. Con. Res. 377: Ms. SLAUGHTER and Mr. H. Res. 619. A resolution expressing the H.R. 4493: Mr. WEINER. GREEN of Texas. sense of the House of Representatives that H.R. 4649: Ms. BALDWIN. the United States Postal Service should H.R. 4669: Mr. CALVERT. issue a postage stamp commemorating the H.R. 4672: Mr. WATTS of Oklahoma. f Pulitzer Prize winning author Edna Ferber; H.R. 4707: Mr. MCDERMOTT, Mr. FRANKS of to the Committee on Government Reform. New Jersey, and Mr. LAZIO. DELETIONS OF SPONSORS FROM By Mr. SMITH of New Jersey (for him- H.R. 4728: Mr. SMITH of Washington and Mr. self, Mr. HOYER, Mr. WOLF, Mr. ROGAN. PUBLIC BILLS AND RESOLUTIONS GEJDENSON, Mr. GREENWOOD, Mr. H.R. 4740: Mrs. THURMAN and Mr. BAIRD. Under clause 7 of rule XII, sponsors CARDIN, Mr. PITTS, Ms. SLAUGHTER, H.R. 4959: Mr. CARDIN. were deleted from public bills and reso- and Mr. FORBES): H.R. 4964: Mr. STRICKLAND and Ms. WOOL- lutions as follows: H. Res. 620. A resolution expressing the SEY. sense of the House of Representatives regard- H.R. 4966: Ms. VELAZQUEZ. H.R. 745: Mr. BRADY of Texas. ing recent elections in the Federal Republic H.R. 4976: Mr. FLETCHER. H.R. 1640: Mr. BRADY of Texas. of Yugoslavia, and for other purposes; to the H.R. 5026: Mr. WICKER, Mr. MCINTOSH, Mr. H.R. 3634: Mr. BRADY of Texas. Committee on International Relations. VITTER, and Mr. COX. H. Res. 184: Mr. BRADY of Texas.

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