SENATE Amount of Their Time on a Gorgeous Fall Jority Leader, the Minority Leader, Or Afternoon to Talk Indoors About the Fu- a Message from the Senate by Ms

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

Vol. 145 WASHINGTON, MONDAY, NOVEMBER 8, 1999 No. 156 House of Representatives

The House met at 12:30 p.m. and was called to order by the Speaker pro tempore (Mrs. BIGGERT).

N O T I C E If the 106th Congress, 1st Session, adjourns sine die on or before November 10, 1999, a final issue of the Congressional Record for the 106th Congress, 1st Session, will be published on November 30, 1999, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through November 29. The final issue will be dated November 30, 1999, and will be delivered on Wednesday, December 1, 1999. If the 106th Congress does not adjourn until a later date in 1999, the final issue will be printed at a date to be announced. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Records@Reporters''. Members of the House of Representatives' statements may also be submitted electronically by e-mail or disk, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerkhouse.house.gov. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, signed manuscript. Deliver statements (and template formatted disks, in lieu of e-mail) to the Official Reporters in Room HT±60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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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.

H11647

VerDate 29-OCT-99 01:51 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 8633 E:\CR\FM\A08NO7.000 pfrm02 PsN: H08PT1 H11648 CONGRESSIONAL RECORD — HOUSE November 8, 1999 DESIGNATION OF SPEAKER PRO United States Code, beyond December 21, mouth County, which is a large part of TEMPORE 1999, and for other purposes. his district, will likely receive at least The SPEAKER pro tempore laid be- f 10 percent of the million new people fore the House the following commu- MORNING HOUR DEBATES who are expected to be added to New Jersey’s population over the next 20 nication from the Speaker: The SPEAKER pro tempore. Pursu- years, over 100,000 people. WASHINGTON, DC, ant to the order of the House of Janu- The conversation, here again, along November 8, 1999. ary 19, 1999, the Chair will now recog- with the depth of the commitment, was I hereby appoint the Honorable JUDY nize Members from lists submitted by BIGGERT to act as Speaker pro tempore on inspirational. The gentleman from New the majority and minority leaders for this day. Jersey (Mr. HOLT) and his staff had or- morning hour debates. The Chair will J. DENNIS HASTERT, ganized visits with several hundred alternate recognition between the par- Speaker of the House of Representatives. people at four different meetings. They f ties, with each party limited to 30 min- were willing to spend a significant utes, and each Member, except the ma- MESSAGE FROM THE SENATE amount of their time on a gorgeous fall jority leader, the minority leader, or afternoon to talk indoors about the fu- A message from the Senate by Ms. the minority whip, limited to 5 min- McDevitt, one of its clerks, announced ture of their communities. utes. People understood that it was not that the Senate had passed without The Chair recognizes the gentleman just enough for New Jersey to be home amendment a joint Resolution of the from Oregon (Mr. BLUMENAUER) for 5 to the Pines Barrens and have laws on House of the following title: minutes. the books. There must actually be a H.J. Res. 54. Joint resolution granting the f consent of Congress to the Missouri-Ne- commitment to protect and enhance braska Boundary Compact. LIVABLE COMMUNITIES the million acres of this unique treas- The message also announced that the MOVEMENT ure, which some argue is the most sig- Senate had passed with amendments in Mr. BLUMENAUER. Madam Speaker, nificant resource of its kind east of the which the concurrence of the House is last week we discussed on the floor of Mississippi River. requested, bills of the House of the fol- this Chamber the impact that the liv- People understood that it was not lowing titles: able communities movement will have enough for New Jersey’s 566 munici- H.R. 1654. An act to authorize appropria- on the 1999 elections, as well as the palities to merely be planned and tions for the National Aeronautics and Space year 2000. zoned. Those efforts must be reinforced Administration for fiscal years 2000, 2001, and It was clearly a critical factor in the and related to their other partners in 2002, and for other purposes. their region and then, in turn, har- H.R. 2116. An act to amend title 38, United elections held just last week. It was my States Code, to establish a program of ex- privilege this weekend to visit with monized with surrounding regions. tended care services for veterans and to hundreds of people in New Jersey Local interests dominated by the vi- make other improvements in health care which confirmed this realization that sion of local control will fail. Local programs of the Department of Veterans Af- such will be the case in the year 2000, control is not meeting their needs fairs. as well. today and will be even less effective in The message also announced that the New Jersey, Madam Speaker, is the the future. Senate insists upon its amendment to most densely populated of our States, I carried away great optimism for the the bill (H.R. 1654) ‘‘An Act to author- over 8 million people in such a tiny future of New Jersey, in part because ize appropriations for the National area. I learned that part of New Jersey of the State’s bipartisan leadership: Aeronautics and Space Administration in the 12th Congressional District, rep- The Republican governor, whose sec- for fiscal year 2000, 2001, and 2002, and resented by our colleague the gen- ond inaugural theme was a livable New Jersey, has entered into an agreement for other purposes,’’ requests a con- tleman from New Jersey (Mr. HOLT), is ference with the House on the dis- more densely populated than India. with her administration and a local agreeing votes of the two Houses there- Yet, New Jersey is known as the Gar- watchdog agency, New Jersey Future, on, and appoints Mr. MCCAIN, Mr. STE- den State. And while that may be hard to monitor New Jersey’s executive VENS, Mr. FRIST, Mr. HOLLINGS, and Mr. for some to comprehend, it made per- order on sustainability. The goals and BREAUX, to be the conferees on the part fect sense to me as I traveled through indicators are already in place with of the Senate. the beautiful New Jersey countryside. benchmarks to follow. The message also announced that the Citizens of this State are under no il- And with a congressional advocate Senate insists upon its amendments to lusions when it comes to the challenge like the gentleman from New Jersey the bill (H.R. 2116) ‘‘An Act to amend they face in preserving their livability. (Mr. HOLT), who did not just organize title 38, United States Code, to estab- It was my privilege to hear those chal- an impressive series of meetings, he lish a program of extended care serv- lenges discussed at great length while has empaneled his own advisory com- ices for veterans and to make other im- participating in a forum sponsored by mittee on growth management and the provements in health care programs of Rutgers University and The Courier environment while here in Congress he the Department of Veterans Affairs,’’ Times newspaper on the future of is providing leadership on livable com- requests a conference with the House South Jersey. munities. on the disagreeing votes of the two The session took place in Camden, Livability will be on the national Houses thereon, and appoints Mr. SPEC- literally in the shadows of the City of agenda for the year 2000 election and TER, Mr. THURMOND, and Mr. ROCKE- Philadelphia, and it clearly illustrated beyond, and it is clear to me New Jer- FELLER, to be the conferees on the part the problems and opportunities for sey will be helping lead that charge. of the Senate. their region. Issues of racial relations f The message also announced that the and poverty intersected with redevel- RECESS Senate has passed bills of the following opment opportunities, affordable hous- titles in which concurrence of the ing with its rich history. The SPEAKER pro tempore. Pursu- House is requested: Several hundred citizens spent their ant to clause 12 of rule I, the Chair de- S. 791. An Act to amend the Small Business day focusing on how to craft a vision clares the House in recess until 2 p.m. Act with respect to the women’s business for their community and how to imple- Accordingly (at 12 o’clock and 36 center program. ment it into action. It was truly inspi- minutes p.m.), the House stood in re- S. 1346. An Act to ensure the independence cess until 2 p.m. and nonpartisan operation of the Office of rational. I look forward to following Advocacy of the Small Business Administra- their progress in their continuing ef- f tion. fort to shape and put in place their vi- b 1400 S. 1418. An Act to provide for the holding of sion for South Jersey. court at Natchez, Mississippi, in the same Later that day I had the opportunity AFTER RECESS manner as court is held at Vicksburg, Mis- sissippi, and for other purposes. to participate in a series of forums or- The recess having expired, the House S. 1769. An Act to continue the reporting ganized by our colleague the gentleman was called to order by the Speaker pro requirements of section 2519 of title 18, from New Jersey (Mr. HOLT). Mon- tempore (Mrs. BIGGERT) at 2 p.m.

VerDate 29-OCT-99 01:51 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.001 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11649 PRAYER payer money was lost simply due to ANNOUNCEMENT BY THE SPEAKER The Reverend Father John Mudd, government errors. PRO TEMPORE Archbishop Carroll High School, Wash- Yet, some of our colleagues on the The SPEAKER pro tempore. Pursu- ington, D.C., offered the following other side of the aisle still maintain ant to clause 8 of rule XX, the Chair prayer: that our Federal Government cannot announces that she will postpone fur- Blessed are You, Lord God of all cre- reduce wasteful government spending ther proceedings today on each most ation. We come before You to open this by 1 percent. Really? Well, based on motion to suspend the rules on which a session of Congress as Your humble these findings, common sense tells us recorded vote or the yeas and nays are servants. that we can reduce wasteful spending ordered, or on which the vote is ob- You are gracious and kind and mer- by almost $20 billion and probably even jected to under clause 6 of rule XX. ciful, and so we ask that You look on more. Any record votes on postponed ques- us who are Your people and answer our We can reduce, even eliminate, the tions will be taken after debate has prayers. amount wasted on costly overpayments concluded on all motions to suspend Make us ever more conscious of the by simply addressing the fraud and the rules, but not before 6 p.m. today. great blessings we share in our Nation, minimizing clerical errors. Wasteful f and help us to work together to solve spending in Washington does exist, and the problems that threaten our well- it needs to be stopped. MUHAMMAD ALI BOXING REFORM being. My question is this: Is it too much to ACT Good and gracious God, inspire our expect efficiency and accountability in Mr. BLILEY. Madam Speaker, I move President and our leaders in Congress the Federal Government? to suspend the rules and pass the bill with a renewed vision for a better Na- Madam Speaker, I yield back the bil- (H.R. 1832) to reform unfair and anti- tion and a better world where those lions of wasted taxpayer dollars from competitive practices in the profes- who are weakest and the most vulner- the hard working Americans. sional boxing industry, as amended. able will be protected, and those who The Clerk read as follows: f are strongest will act with integrity, H.R. 1832 responsibility, and generosity. Be it enacted by the Senate and House of Rep- You have entrusted to us the gifts of NORTH KOREA IS BIGGEST RECIPI- resentatives of the United States of America in freedom, opportunity and wealth. May ENT OF U.S. AID IN EAST ASIA Congress assembled, we always be worthy of Your trust and (Mr. TRAFICANT asked and was SECTION 1. SHORT TITLE. use these blessings in the work for a given permission to address the House This Act may be cited as the ‘‘Muhammad just world where all Your children can for 1 minute and to revise and extend Ali Boxing Reform Act’’. live in peace and prosperity. his remarks.) SEC. 2. FINDINGS. Fill us with Your spirit of wisdom Mr. TRAFICANT. Madam Speaker, The Congress makes the following findings: and knowledge, right judgment and the biggest recipient of American aid (1) Professional boxing differs from other courage as we advance the common in East Asia is not our friends the Phil- major, interstate professional sports industries in the United States in that it operates good, protecting human life, promoting ippines, South Korea, or East Timor. without any private sector association, the well-being of the family, pursuing The big bucks go to a blue brutal dic- league, or centralized industry organization social justice, and practicing global tator called North Korea. Unbelievable. to establish uniform and appropriate busi- solidarity. North Korea got $650 million from us. ness practices and ethical standards. This In Your holy name, we pray. Amen. Now, if that is not enough to prop up has led to repeated occurrences of disrepu- table and coercive business practices in the f communism, not only can North Korea launch 100 missiles at America, North boxing industry, to the detriment of profes- THE JOURNAL Korea is scheduled to get over $1 bil- sional boxers nationwide. (2) State officials are the proper regulators The SPEAKER pro tempore. The lion in aid from our taxpayers next of professional boxing events, and must pro- Chair has examined the Journal of the year, $1 billion to North Korea. Beam tect the welfare of professional boxers and last day’s proceedings and announces me up. Who dreamed up this policy? serve the public interest by closely super- to the House her approval thereof. Mao Zedong? vising boxing activity in their jurisdiction. Pursuant to clause 1, rule I, the Jour- I yield back the fact that North State boxing commissions do not currently nal stands approved. Korea will not be building schools and receive adequate information to determine whether boxers competing in their jurisdic- f hospitals, nor peace academies with our money. tion are being subjected to contract terms and business practices which may violate PLEDGE OF ALLEGIANCE f State regulations, or are onerous and confis- The SPEAKER pro tempore. Will the catory. gentleman from Nevada (Mr. GIBBONS) (3) Promoters who engage in illegal, coer- come forward and lead the House in the LET LOCAL PEOPLE DECIDE cive, or unethical business practices can Pledge of Allegiance. NEEDS FOR CLASSROOMS take advantage of the lack of equitable busi- (Mr. BALLENGER asked and was ness standards in the sport by holding boxing Mr. GIBBONS led the Pledge of Alle- events in States with weaker regulatory giance as follows: given permission to address the House oversight. I pledge allegiance to the Flag of the for 1 minute and to revise and extend (4) The sanctioning organizations which United States of America, and to the Repub- his remarks.) have proliferated in the boxing industry have lic for which it stands, one nation under God, Mr. BALLANGER. Madam Speaker, not established credible and objective cri- indivisible, with liberty and justice for all. why does the President split hairs on teria to rate professional boxers, and operate f his 100,000 teachers? He admits we put with virtually no industry or public over- more money into education than he sight. Their ratings are susceptible to ma- WE CAN CUT WASTE does. Our money can be spent to hire nipulation, have deprived boxers of fair opportunities for advancement, and have un- (Mr. GIBBONS asked and was given teachers, to train teachers, to build dermined public confidence in the integrity permission to address the House for 1 classrooms and so forth. His can only of the sport. minute and to revise and extend his re- hire teachers. Will they be qualified, or (5) Open competition in the professional marks.) will they have classrooms? boxing industry has been significantly inter- Mr. GIBBONS. Madam Speaker, last California tried to cut class size and fered with by restrictive and anticompetitive week, the General Accounting Office hired 30,000 teachers. But since there business practices of certain promoters and announced the results of its voluntary were few qualified persons available, sanctioning bodies, to the detriment of the survey of nine, just nine Federal agen- they ended up with untrained teachers athletes and the ticket-buying public. Com- mon practices of promoters and sanctioning cies. That survey showed that the U.S. in crowded classrooms. Will we do the organizations represent restraints of inter- Government lost $19.1 billion due to same thing? I hope not. Let us let the state trade in the United States. fraud and clerical errors last year. Let local people decide what their needs (6) It is necessary and appropriate to estab- me repeat that, $19.1 billion of tax- are. lish national contracting reforms to protect

VerDate 29-OCT-99 01:29 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.004 pfrm02 PsN: H08PT1 H11650 CONGRESSIONAL RECORD — HOUSE November 8, 1999 professional boxers and prevent exploitive and shall approve by a vote of no less than a ‘‘(B) contains all the information required business practices, and to require enhanced majority of its member State boxing com- to be submitted to the Federal Trade Com- financial disclosures to State athletic commissioners, guidelines for objective and con- mission by paragraph (1) in an easy to search missions to improve the public oversight of sistent written criteria for the ratings of and use format; and the sport. professional boxers. It is the sense of Con- ‘‘(C) is updated whenever there is a mate- SEC. 3. PURPOSES. gress that sanctioning bodies and State box- rial change in the information. The purposes of this Act are— ing commissions should follow these ABC ‘‘SEC. 12. REQUIRED DISCLOSURES TO STATE (1) to protect the rights and welfare of pro- guidelines. BOXING COMMISSIONS BY SANC- fessional boxers on an interstate basis by ‘‘(b) APPEALS PROCESS.—A sanctioning or- TIONING ORGANIZATIONS. preventing certain exploitive, oppressive, ganization shall not be entitled to receive ‘‘A sanctioning organization shall not be and unethical business practices; any compensation, directly or indirectly, in entitled to receive any compensation di- (2) to assist State boxing commissions in connection with a boxing match, until it pro- rectly or indirectly in connection with a box- their efforts to provide more effective public vides the boxers with notice that the sanc- ing match until it provides to the boxing oversight of the sport; and tioning organization shall, within 7 days commission responsible for regulating the (3) to promote honorable competition in after receiving a request from a boxer ques- match in a State a statement of— professional boxing and enhance the overall tioning that organization’s rating of the ‘‘(1) all charges, fees, and costs the organi- integrity of the industry. boxer— zation will assess any boxer participating in that match; SEC. 4. PROTECTING BOXERS FROM EXPLOI- ‘‘(1) provide to the boxer a written expla- TATION. nation of the organization’s criteria, its rat- ‘‘(2) all payments, benefits, complimentary The Professional Boxing Safety Act of 1996 ing of the boxer, and the rationale or basis benefits, and fees the organization will re- (15 U.S.C. 6301 et seq.) is amended— for its rating (including a response to any ceive for its affiliation with the event, from (1) by redesignating sections 9 through 15 specific questions submitted by the boxer); the promoter, host of the event, and all as sections 17 through 23, respectively; and and other sources; and (2) by inserting after section 8 the fol- ‘‘(2) submit a copy of its explanation to the ‘‘(3) such additional information as the lowing new sections: Association of Boxing Commissions. commission may require. ‘‘(c) NOTIFICATION OF CHANGE IN RATING.—A ‘‘SEC. 13. REQUIRED DISCLOSURES FOR PRO- ‘‘SEC. 9. CONTRACT REQUIREMENTS. sanctioning organization shall not be enti- MOTERS. ‘‘Within 2 years after the date of the enact- tled to receive any compensation, directly or ‘‘(a) DISCLOSURES TO THE BOXING COMMIS- ment of the Muhammad Ali Boxing Reform indirectly, in connection with a boxing SIONS.—A promoter shall not be entitled to Act, the Association of Boxing Commissions match, until, with respect to a change in the receive any compensation directly or indi- shall develop and shall approve by a vote of rating of a boxer previously rated by such or- rectly in connection with a boxing match no less than a majority of its member State ganization in the top 10 boxers, the until it provides to the boxing commission boxing commissioners, guidelines for min- organization— responsible for regulating the match in a imum contractual provisions that should be ‘‘(1) posts a copy, within 7 days of such State a statement of— included in bout agreements and boxing con- change, on its Internet website or home ‘‘(1) a copy of any agreement in writing to tracts. It is the sense of Congress that State page, if any, including an explanation of which the promoter is a party with any boxing commissions should follow these ABC such change, for a period of not less than 30 boxer participating in the match; guidelines. days; and ‘‘(2) a statement made under penalty of ‘‘SEC. 10. PROTECTION FROM COERCIVE CON- ‘‘(2) provides a copy of the rating change perjury that there are no other agreements, TRACTS. and explanation to an association to which written or oral, between the promoter and ‘‘(a) GENERAL RULE.— at least a majority of the State boxing com- the boxer with respect to that match; and ‘‘(1)(A) A contract provision shall be con- missions belong. ‘‘(3)(A) all fees, charges, and expenses that sidered to be in restraint of trade, contrary ‘‘(d) PUBLIC DISCLOSURE.— will be assessed by or through the promoter to public policy, and unenforceable against ‘‘(1) FTC FILING.—A sanctioning organiza- on the boxer pertaining to the event, includ- any boxer to the extent that it— tion shall not be entitled to receive any coming any portion of the boxer’s purse that the ‘‘(i) is a coercive provision described in pensation directly or indirectly in connec- promoter will receive, and training expenses; subparagraph (B) and is for a period greater tion with a boxing match unless, not later ‘‘(B) all payments, gifts, or benefits the than 12 months; or than January 31 of each year, it submits to promoter is providing to any sanctioning or- ‘‘(ii) is a coercive provision described in the Federal Trade Commission and to the ganization affiliated with the event; and subparagraph (B) and the other boxer under ABC— ‘‘(C) any reduction in a boxer’s purse con- contract to the promoter came under that ‘‘(A) a complete description of the organi- trary to a previous agreement between the contract pursuant to a coercive provision de- zation’s ratings criteria, policies, and gen- promoter and the boxer or a purse bid held scribed in subparagraph (B). eral sanctioning fee schedule; for the event. ‘‘(B) A coercive provision described in this ‘‘(B) the bylaws of the organization; ‘‘(b) DISCLOSURES TO THE BOXER.—A pro- subparagraph is a contract provision that ‘‘(C) the appeals procedure of the organiza- moter shall not be entitled to receive any grants any rights between a boxer and a pro- tion for a boxer’s rating; and compensation directly or indirectly in con- moter, or between promoters with respect to ‘‘(D) a list and business address of the or- nection with a boxing match until it pro- a boxer, if the boxer is required to grant such ganization’s officials who vote on the ratings vides to the boxer it promotes— rights, or a boxer’s promoter is required to of boxers. ‘‘(1) the amounts of any compensation or grant such rights with respect to a boxer to ‘‘(2) FORMAT; UPDATES.—A sanctioning or- consideration that a promoter has con- another promoter, as a condition precedent ganization shall— tracted to receive from such match; to the boxer’s participation in a professional ‘‘(A) provide the information required ‘‘(2) all fees, charges, and expenses that boxing match against another boxer who is under paragraph (1) in writing, and, for any will be assessed by or through the promoter under contract to the promoter. document greater than 2 pages in length, on the boxer pertaining to the event, includ- ‘‘(2) This subsection shall only apply to also in electronic form; and ing any portion of the boxer’s purse that the contracts entered into after the date of the ‘‘(B) promptly notify the Federal Trade promoter will receive, and training expenses; enactment of the Muhammad Ali Boxing Re- Commission of any material change in the and form Act. information submitted. ‘‘(3) any reduction in a boxer’s purse con- ‘‘(3) No subsequent contract provision ex- ‘‘(3) FTC TO MAKE INFORMATION AVAILABLE trary to a previous agreement between the tending any rights or compensation covered TO PUBLIC.—The Federal Trade Commission promoter and the boxer or a purse bid held in paragraph (1) shall be enforceable against shall make information received under this for the event. a boxer if the effective date of the contract subsection available to the public. The Com- ‘‘(c) INFORMATION TO BE AVAILABLE TO containing such provision is earlier than 3 mission may assess sanctioning organiza- STATE ATTORNEY GENERAL.—A promoter months before the expiration of the relevant tions a fee to offset the costs it incurs in shall make information required to be dis- time period set forth in paragraph (1). processing the information and making it closed under this section available to the ‘‘(b) PROMOTIONAL RIGHTS UNDER MANDA- available to the public. chief law enforcement officer of the State in TORY BOUT CONTRACTS.—No boxing service ‘‘(4) INTERNET ALTERNATIVE.—In lieu of which the match is to be held upon request provider may require a boxer to grant any submitting the information required by of such officer. future promotional rights as a requirement paragraph (1) to the Federal Trade Commis- ‘‘SEC. 14. REQUIRED DISCLOSURES FOR JUDGES of competing in a professional boxing match sion, a sanctioning organization may provide AND REFEREES. that is a mandatory bout under the rules of the information to the public by maintaining ‘‘A judge or referee shall not be entitled to a sanctioning organization. a website on the Internet that— receive any compensation, directly or indi- ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. ‘‘(A) is readily accessible by the general rectly, in connection with a boxing match ‘‘(a) OBJECTIVE CRITERIA.—Within 2 years public using generally available search en- until it provides to the boxing commission after the date of the enactment of the Mu- gines and does not require a password or pay- responsible for regulating the match in a hammad Ali Boxing Reform Act, the Asso- ment of a fee for full access to all the infor- State a statement of all consideration, in- ciation of Boxing Commissions shall develop mation; cluding reimbursement for expenses, that

VerDate 29-OCT-99 01:29 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.001 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11651 will be received from any source for partici- imprisoned for not more than 1 year or fined (1) in subparagraph (C) by striking ‘‘or’’; pation in the match. not more than— (2) in subparagraph (D) by striking ‘‘docu- ‘‘SEC. 15. CONFIDENTIALITY. ‘‘(A) $100,000; and ments.’’ at the end and inserting ‘‘docu- ‘‘(a) IN GENERAL.—Neither a boxing com- ‘‘(B) if a violation occurs in connection ments; or’’; and mission or an Attorney General may disclose with a professional boxing match the gross (3) by adding at the end the following: to the public any matter furnished by a pro- revenues for which exceed $2,000,000, an addi- ‘‘(E) unsportsmanlike conduct or other in- moter under section 13 except to the extent tional amount which bears the same ratio to appropriate behavior inconsistent with gen- required in a legal, administrative, or judi- $100,000 as the amount of such revenues com- erally accepted methods of competition in a cial proceeding. pared to $2,000,000, or both.’’; and professional boxing match.’’. ‘‘(b) EFFECT OF CONTRARY STATE LAW.—If a (4) in paragraph (3) (as redesignated by (c) RENEWAL PERIOD FOR IDENTIFICATION State law governing a boxing commission re- paragraph 2 of this subsection) by striking CARDS.—Section 6(b)(2) of the Professional quires that information that would be fur- ‘‘section 9’’ and inserting ‘‘section 17(a)’’; Boxing Safety Act of 1996 (15 U.S.C. nished by a promoter under section 13 shall and 6305(b)(2)) is amended by striking ‘‘2 years.’’ be made public, then a promoter is not re- (5) by adding at the end the following: and inserting ‘‘4 years.’’. quired to file such information with such ‘‘(c) ACTIONS BY STATES.—Whenever the (d) REVIEW OF SUSPENSIONS.—Section State if the promoter files such information chief law enforcement officer of any State 7(a)(3) of the Professional Boxing Safety Act with the ABC. has reason to believe that a person or organi- of 1996 (15 U.S.C. 6306(a)(3)) is amended by ‘‘SEC. 16. JUDGES AND REFEREES. zation is engaging in practices which violate striking ‘‘boxer’’ and inserting ‘‘boxer, li- ‘‘No person may arrange, promote, orga- any requirement of this Act, the State, as censee, manager, matchmaker, promoter, or nize, produce, or fight in a professional box- parens patriae, may bring a civil action on other boxing service provider’’. ing match unless all referees and judges par- behalf of its residents in an appropriate dis- (e) ALTERNATIVE SUPERVISION.—Section 4 ticipating in the match have been certified trict court of the United States— of the Professional Boxing Safety Act of 1996 and approved by the boxing commission re- ‘‘(1) to enjoin the holding of any profes- (15 U.S.C. 6303) is amended— sponsible for regulating the match in the sional boxing match which the practice in- (1) by striking ‘‘No person’’ and inserting State where the match is held.’’. volves; ‘‘(a) No person’’; and (2) by inserting at the end thereof the fol- SEC. 5. CONFLICT OF INTEREST. ‘‘(2) to enforce compliance with this Act; Section 17 of the Professional Boxing Safe- ‘‘(3) to obtain the fines provided under sub- lowing: ‘‘(b) For the purpose of this Act, if no ty Act of 1996 (15 U.S.C. 6308) (as redesignated section (b) or appropriate restitution; or State commission is available to supervise a by section 4 of this Act) is amended— ‘‘(4) to obtain such other relief as the court boxing match according to subsection (a), (1) in the first sentence by striking ‘‘No may deem appropriate. then— member’’ and inserting ‘‘(a) REGULATORY ‘‘(d) PRIVATE RIGHT OF ACTION.—Any boxer ‘‘(1) the match may not be held unless it is PERSONNEL.—No member’’; and who suffers economic injury as a result of a supervised by an association of boxing com- (2) by adding at the end the following: violation of any provision of this Act may missions to which at least a majority of the ‘‘(b) FIREWALL BETWEEN PROMOTERS AND bring an action in the appropriate Federal or States belong; and MANAGERS.— State court and recover the damages suf- ‘‘(2) any reporting or other requirement re- ‘‘(1) IN GENERAL.—It is unlawful for— fered, court costs, and reasonable attorneys ‘‘(A) a promoter to have a direct or indi- fees and expenses. lating to a supervising commission allowed rect financial interest in the management of ‘‘(e) ENFORCEMENT AGAINST FEDERAL under this section shall be deemed to refer to a boxer; or TRADE COMMISSION, STATE ATTORNEYS GEN- the entity described in paragraph (1).’’. (f) HEALTH AND SAFETY DISCLOSURES.—Sec- ‘‘(B) a manager— ERAL, ETC.—Nothing in this Act authorizes tion 6 of the Professional Boxing Safety Act ‘‘(i) to have a direct or indirect financial the enforcement of— of 1996 (15 U.S.C. 6305) is amended by adding interest in the promotion of a boxer; or ‘‘(1) any provision of this Act against the at the end the following new subsection: ‘‘(ii) to be employed by or receive com- Federal Trade Commission, the United ‘‘(c) HEALTH AND SAFETY DISCLOSURES.—It pensation or other benefits from a promoter, States Attorney General, or the chief legal is the sense of Congress that a boxing com- except for amounts received as consideration officer of any State for acting or failing to mission should, upon issuing an identifica- under the manager’s contract with the act in an official capacity; tion card to a boxer under subsection (b)(1), boxer. ‘‘(2) subsection (d) of this section against a make a health and safety disclosure to that ‘‘(2) EXCEPTIONS.—Paragraph (1)— State or political subdivision of a State, or boxer as that commission considers appro- ‘‘(A) does not prohibit a boxer from acting any agency or instrumentality thereof; or priate. The health and safety disclosure as his own promoter or manager; and ‘‘(3) section 10 against a boxer acting in his should include the health and safety risks ‘‘(B) only applies to boxers participating in capacity as a boxer.’’. associated with boxing, and, in particular, a boxing match of 10 rounds or more. SEC. 7. ADDITIONAL AMENDMENTS. the risk and frequency of brain injury and ‘‘(c) SANCTIONING ORGANIZATIONS.— (a) DEFINITIONS.—Section 2(a) of the Pro- the advisability that a boxer periodically un- ‘‘(1) PROHIBITION ON RECEIPTS.—Except as fessional Boxing Safety Act of 1996 (15 U.S.C. dergo medical procedures designed to detect provided in paragraph (2), no officer or em- 6301(a)) is amended— brain injury.’’. ployee of a sanctioning organization may re- (1) in paragraph (10) by striking the period ceive any compensation, gift, or benefit, di- at the end and inserting ‘‘, including the Vir- The SPEAKER pro tempore. Pursu- rectly or indirectly, from a promoter, boxer, gin Islands.’’; and ant to the rule, the gentleman from or manager. (2) by adding at the end the following: Virginia (Mr. BLILEY) and the gentle- ‘‘(2) EXCEPTIONS.—Paragraph (1) does not ‘‘(11) EFFECTIVE DATE OF THE CONTRACT.— woman from Colorado (Ms. DEGETTE) apply to— The term ‘effective date of the contract’ each will control 20 minutes. ‘‘(A) the receipt of payment by a promoter, means the day upon which a boxer becomes The Chair recognizes the gentleman boxer, or manager of a sanctioning organiza- legally bound by the contract. from Virginia (Mr. BLILEY). tion’s published fee for sanctioning a profes- ‘‘(12) BOXING SERVICE PROVIDER.—The term sional boxing match or reasonable expenses ‘boxing service provider’ means a promoter, GENERAL LEAVE in connection therewith if the payment is re- manager, sanctioning body, licensee, or Mr. BLILEY. Madam Speaker, I ask ported to the responsible boxing commission; matchmaker. unanimous consent that all Members or ‘‘(13) CONTRACT PROVISION.—The term ‘con- may have 5 legislative days within ‘‘(B) the receipt of a gift or benefit of de tract provision’ means any legal obligation which to revise and extend their re- minimis value.’’. between a boxer and a boxing service pro- marks on H.R. 1832, and to insert extra- SEC. 6. ENFORCEMENT. vider. neous material on the bill. Subsection (b) of section 18 of the Profes- ‘‘(14) SANCTIONING ORGANIZATION.—The The SPEAKER pro tempore. Is there sional Boxing Safety Act of 1996 (15 U.S.C. term ‘sanctioning organization’ means an or- 6309) (as redesignated by section 4 of this ganization that sanctions professional box- objection to the request of the gen- Act) is amended— ing matches in the United States— tleman from Virginia? (1) in paragraph (1) by inserting a comma ‘‘(A) between boxers who are residents of There was no objection. and ‘‘other than section 9(b), 10, 11, 12, 13, 14, different States; or Mr. BLILEY. Madam Speaker, I yield or 16,’’ after ‘‘this Act’’; ‘‘(B) that are advertised, otherwise pro- myself 5 minutes. (2) by redesignating paragraphs (2) and (3) moted, or broadcast (including closed circuit Madam Speaker, earlier this year, 19 as paragraphs (3) and (4), respectively; television) in interstate commerce. bipartisan State attorneys general and (3) by inserting after paragraph (1) the fol- ‘‘(15) SUSPENSION.—The term ‘suspension’ numerous State boxing commissioners lowing: includes within its meaning the revocation from across the United States asked ‘‘(2) VIOLATION OF ANTIEXPLOITATION, SANC- of a boxing license.’’. TIONING ORGANIZATION, OR DISCLOSURE PROVI- (b) STATE BOXING COMMISSION PROCE- Congress for help in cleaning up the SIONS.—Any person who knowingly violates DURES.—Section 7(a)(2) of the Professional sport of boxing. These State agencies any provision of section 9(b), 10, 11, 12, 13, 14, Boxing Safety Act of 1996 (15 U.S.C. strongly endorsed the Muhammad Ali or 16 of this Act shall, upon conviction, be 6306(a)(2)) is amended— Act, saying it was necessary legislation

VerDate 29-OCT-99 01:29 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.001 pfrm02 PsN: H08PT1 H11652 CONGRESSIONAL RECORD — HOUSE November 8, 1999 to prevent exploitation of professional Madam Speaker, I urge all my col- For many years, there has been wide- boxers and to curb the anticompetitive leagues to support this important spread concern, as the gentleman from and fraudulent business practices in measure. Virginia (Chairman BLILEY) stated, the sport. Congress is now giving the Madam Speaker, I include the fol- about the boxing industry in the States and State boxing commissioners lowing letters for the RECORD, as fol- United States. Not only have scandals their requested assistance. lows: plagued the industry as long as I can In 1996, the Committee on Commerce HOUSE OF REPRESENTATIVES, COM- remember, but fighters have been passed legislation establishing a uni- MITTEE ON EDUCATION AND THE taken advantage of financially, and op- form, nationwide system of licensing WORKFORCE, portunities to compete for a title have and minimum health and safety stand- Washington, DC, November 1, 1999. not always been awarded to legitimate Hon. TOM BLILEY, contenders. ards for boxers. This Act was a re- Chairman, Committee on Commerce, House of sounding success. Because of our bill, Representatives, Washington, DC. As my colleagues know, Madam for the first time, States could keep DEAR CHAIRMAN BLILEY: I am writing re- Speaker, almost every other major track of and protect professional box- garding H.R. 1832, the Muhammad Ali Boxing sport in the United States operates ers with appropriate oversight and su- Reform Act, which is within the jurisdiction with a central body to establish appro- pervision. For example, when boxer of the Committee on Commerce and in addi- priate business standards and effective Mike Tyson committed the barbaric tion the Committee on Education and the mechanisms of self-regulation. But not Workforce. The bill amends the Professional boxing. Boxing exists in a world of al- act of biting off a portion of Evander Boxing Safety Act. I have no objection to Holyfield’s ear 2 years ago, Tyson’s this bill being scheduled under suspension of phabet soup organizations whose rating suspension from boxing was swift and the House Rules. The Committee on Com- methodologies are as visceral as the fa- nationwide. merce ordered the bill favorably reported on mous Ali mirage and promoters who While the 1996 bill has been a re- September 29, 1999. are as untouchable as Ali was behind sounding success, it was only an impor- Given the impending adjournment and the ‘‘rope-a-dope.’’ tant first step of cleaning up the sport since I support the reported bill, I do not in- The purpose of the Muhammad Ali tend to call a full Committee meeting to of boxing. Two weeks ago, the Miami Boxing Reform Act is to increase dis- consider this bill; however, the Committee closure and prevent abuses in profes- Herald reported that over 30 prizefights does hold an interest in preserving its juris- have been fixed or tainted in the last 12 diction with respect to issues raised in the sional boxing, specifically targeting years. bill and its jurisdictional prerogatives in fu- conflicts of interest that arise for Just last Thursday, a Federal grand ture legislation. As such, Members of the promotors. jury issued a 32-count indictment Education and the Workforce would expect H.R. 1832 limits contracts between against the president and three offi- to be represented should the provisions of boxers and promotors, ending the coer- this bill be considered in a conference with cials of the International Boxing Fed- cive practice of requiring long con- the Senate. tracts for fighters to obtain particular eration on charges of taking bribes I would appreciate the inclusion of this let- from promoters and managers to mater in the Report you file to accompany this bouts. nipulate rankings, as well as racket- bill. I thank you for your attention to this The bill also seeks to ensure that the eering and money laundering. Accord- matter and look forward to swift passage of manager is an independent applicant of ing to the Federal prosecutor, ‘‘In the H.R. 1832. the boxer, not an agent serving the fi- IBF, rankings were bought, not earned, Sincerely, nancial interests of the promoter. BILL GOODLING, Furthermore, the sanctioning organi- completely corrupting the ranking sys- Chairman. tem.’’ zations would have to establish objective criteria for the rating of profes- The Muhammad Ali Boxing Reform HOUSE OF REPRESENTATIVES, sional boxers and to fully disclosure Act would put an end to this corrup- COMMITTEE ON COMMERCE, tion. It requires the establishment of Washington, DC, November 2, 1999. their bylaws, rating systems, and offi- objective and consistent criteria for Hon. WILLIAM F. GOODLING, cials. the ratings of professional boxers. It Chairman, Committee on Education and the I firmly believe that, with these limi- Workforce, House of Representatives, Wash- tations, the boxing industry can take a requires disclosures of compensation ington, DC. received in connection with a boxing giant step toward the 21st century and DEAR BILL: Thank you for your letter re- the ending of corruption. match by promoters, managers, sanc- garding your Committee’s jurisdictional in- tioning bodies, and judges and referees. terest in H.R. 1832, the Muhammad Ali Box- I would like to thank the gentleman It provides for tough new penalties for ing Reform Act. from Virginia (Chairman BLILEY) and criminals who continue to try to ma- In the past, our committees have worked especially the gentleman from Ohio nipulate and undermine the sport cooperatively in the enactment of the Pro- (Chairman OXLEY) for his hard work on fessional Boxing Safety Act, and I acknowl- through coercion and bribes. this legislation. Much credit is also due edge your role as an additional committee of to Senator JOHN MCCAIN, who is the au- According to Boxing News, ‘‘The Ali jurisdiction. I appreciate your cooperation in thor of the Senate approved version of Act, if enacted, would greatly clean up moving the bill to the House floor expedi- this bill. boxing in America.’’ Ring Magazine tiously and agree that your decision to forgo In the end, the Muhammad Ali Box- calls this ‘‘well thought out’’ legisla- further action on the bill will not prejudice ing Reform Act puts abuse in the box- tion that ‘‘will be a huge step toward the Committee on Education and the Work- ing industry on the ropes. By passing getting rid of the bandits and parasites force with respect to its jurisdictional prerogatives on this or similar legislation. Fur- this important legislation, I believe in the sport.’’ ESPN says that ‘‘The Ali ther, I will support your request for con- that Congress will deliver the final Act, modest in scope, can make a dif- ferees should this bill be the subject of a one-two punch to boxing corruption. ference. It is a small, but significant House-Senate conference. I will also insert a Madam Speaker, I reserve the bal- step, and one that would cost nothing copy of your letter and this response in the ance of my time. to taxpayers.’’ Committee’s report on the bill and the Con- I congratulate the gentleman from gressional Record when H.R. 1832 is consid- b 1415 ered by the House. Ohio (Mr. OXLEY), the chairman of the Thank you again for your cooperation. Mr. BLILEY. Madam Speaker, I yield Subcommittee on Finance and Haz- Sincerely, such time as he may consume to the ardous Materials, for his leadership in TOM BLILEY, gentleman from Ohio (Mr. OXLEY), the moving this bill forward, and I look Chairman. chairman of the subcommittee. forward to restoring honesty and integ- Madam Speaker, I reserve the bal- (Mr. OXLEY asked and was given rity to this great sport. ance of my time. permission to revise and extend his re- Also, before closing, I want to ac- Ms. DEGETTE. Madam Speaker, I marks.) knowledge the support and assistance yield myself such time as I may con- Mr. OXLEY. Madam Speaker, I thank from the gentleman from Pennsylvania sume. the gentleman for yielding me this (Mr. GOODLING), the chairman of the Madam Speaker, I rise in strong sup- time. Committee on Education and the port of H.R. 1832, the Muhammad Ali Last Thursday, the President and Workforce. Boxing Reform Act. three other officials from the IBF, the

VerDate 29-OCT-99 01:29 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.007 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11653 International Boxing Federation, were uniform rules, regulations, rating cri- was elicited from boxing promoters on their indicted. They were brought under teria, and guidelines for contracts. role in the industry and on the issue of long criminal charges for operating IBF’s These are important reforms which, term and exclusive contractual options. Sanctioning organizations testified about sanctioning body as a racketeering en- according to the Congressional Budget the methods utilized to rank fighters. Var- terprise in which fighters’ rankings Office, would have no significant im- ious experts on boxers’ injuries discussed the were routinely altered in exchange for pact on the Federal budget and would necessity for medical clearance and the use hundreds of thousands of dollars in il- not result in any significant cost to the of proper equipment and ringside safety pre- licit bribes from promoters and man- States. This legislation passed the Sen- cautions. Industry members and business agers. This scandal follows on the heels ate earlier this year. It passed our com- leaders discussed a structured annuity and pension plan for professional boxers. of an investigation by the Miami Her- mittee by a bipartisan voice vote, and We are in the process of reviewing the tes- ald revealing more than 30 fights in the has received support from the president timony, and after further consultation with past 12 years have been fixed or taint- of the Association of Boxing Commis- members of the industry, we will compile a ed, including at least one heavyweight sions, International Boxing Digest, report with our recommendations. We seek championship match. Boxing News, the editor of Ring Maga- to reform certain practices within the indus- Madam Speaker, I have with me a zine, the World Boxing Council, and nu- try, to return integrity to boxing on behalf copy of the Miami Herald, Sunday, Oc- merous promoters, managers, and box- of the athletes and the ticket-buying public, and to otherwise enhance the well-being of tober 31, which is titled ‘‘Fixed Fights, ers. boxing and all associated with it. Down for the Count,’’ in which the col- In the words of one of boxing’s great- Finally, we would like to emphasize the umnist, Ken Rodriguez of the Miami est, Muhammad Ali, ‘‘The day this bill importance of the proposed enforcement Herald, chronicles just how bad the sit- is signed into law cannot be soon guidelines of the Muhammad Ali Boxing Re- uation is in boxing and how badly it enough. I pray justice will be done and form Act, which would permit a State, as needs cleaning up. And I want to cite somehow, along the way, honor can be parens patriae, to being a civil action on behalf of its residents in an appropriate dis- that as an example of what we can do, restored to this sport.’’ trict court of the United States for viola- working with the media, to uncover Madam Speaker, I provide for inclu- tions of the Boxing Reform Act. We believe this kind of activity. sion in the RECORD two letters from that the authority to enjoin the holding of a In 1996, I sponsored a bipartisan box- Muhammad Ali in support of this legis- professional boxing match, and to enforce ing reform bill which prohibited con- lation, the most recent dated Novem- compliance with the Muhammad Ali Boxing flicts of interest for State boxing com- ber 8, today, as well as a letter from Reform Act, is necessary to ensure lawful mission employees. It also established and responsible boxing industry compliance the National Association of Attorneys with national reforms. the first-ever uniformed licensing and General in support of this legislation. Thank you for your consideration of our health and safety system to protect NATIONAL ASSOCIATION views. We hope you will favorably consider professional boxers. This legislation OF ATTORNEYS GENERAL, the Muhammad Ali Act. We stand ready to was a great success and the State box- Washington, DC, April 28, 1999. assist you as the bill advances, so please feel ing commissions and attorneys general Hon. JOHN MCCAIN, free to call on us. now have asked us to go one step fur- U.S. Senate, Chairman, Senate Commerce, Sincerely yours, ther to clean up the corruption among Science, and Transportation Committee, Eliot Spitzer, Attorney General of New Washington, DC. York, Chair, NAAG Boxing Task Force; boxing promoters, managers, and sanc- Jim Ryan, Attorney General of Illinois, Hon. THOMAS BLILEY, tioning bodies. Vice Chair, NAAG Boxing Task Force; House of Representatives, Chairman, Commerce H.R. 1832, the Muhammad Ali Boxing Janet Napolitano, Attorney General of Committee, Washington, DC. Reform Act, is based on the numerous Arizona; Richard Blumenthal, Attor- DEAR SENATOR MCCAIN AND REPRESENTA- bipartisan hearings this committee has ney General of Connecticut; Bill TIVE BLILEY: We, the leadership of the Na- Lockyer, Attorney General of Cali- held over the past 2 decades on the tional Association of Attorneys General fornia; Robert A. Butterworth, Attor- need to reform the boxing industry. On (‘‘NAAG’’) Boxing Task Force, and Attorneys ney General of Florida; Jeffrey A. June 29, 1999, our committee held a General interested in industry reform, Modisett, Attorney General of Indiana; hearing, just after the controversial de- strongly endorse the Muhammad Ali Boxing Tom Miller, Attorney General of Iowa; cision in the Holyfield-Lewis heavy- Reform Act (S. 305) and fully support your Richard P. Ieyoub, Attorney General of weight championship fight, in which an efforts to improve the professional boxing in- Louisiana; J. Joseph Curran, Jr., At- IBF judge awarded the title to Mr. dustry. We believe this legislation will curb torney General of Maryland; Mike anti-competitive and fraudulent business Holyfield, the IBF champion, instead of Moore, Attorney General of Mis- practices and prevent blatant exploitation of sissippi; Jeremiah W. ‘‘Jay’’ Nixon, At- to Mr. Lewis, the WBC champion and professional boxers. clear apparent winner, according to torney General of Missouri; Frankie We are encouraged by the support S. 305 Sue Del Papa, Attorney General of Ne- some boxing commentators. In the has received in the Senate, and we look for- vada; Peter Verniero, Attorney General words of one hearing witness, the deci- ward to working with you to protect the of New Jersey; W.A. Drew Edmondson, sion was ‘‘highly influenced.’’ Another health and safety of professional boxers and Attorney General of Oklahoma; Hardy witness said bluntly, ‘‘Lewis was to prevent exploitation, fraud, and restraints Myers, Attorney General of Oregon; robbed.’’ of trade. The Muhammad Ali Act provides a Mike Fisher, Attorney General of H.R. 1832 expands on our initial suc- practical approach to long-standing prob- Pennsylvania; Jose´ A. Fuentes- lems of fraud and restraints of trade in this Agostini, Attorney General of Puerto cess with boxing reform, extending the industry. conflict-of-interest prohibitions in the Rico; Mark L. Earley, Attorney Gen- The Boxing Task Force, currently com- eral of Virginia. 1996 act to apply to other boxing enti- prised of 19 Attorneys General, was formally ties besides State commissions. Spe- established in March 1998 after legislation GREATEST OF ALL TIME, INC., cifically, H.R. 1832 would enact seven was passed by both the House and Senate Berrien Springs, MI, November 8, 1999. critical reforms: Commerce Committees and then subse- Hon. MICHAEL OXLEY, First, bribes are prohibited for sanc- quently by both the House and Senate. (The Hon. ELIOT ENGEL, tioning bodies. Two, conflicts of inter- Professional Boxing Safety Act 15 U.S.C. House of Representatives, est are prohibited for boxing managers § 6301, et seq.). After Federal Trade Commis- Washington, DC. sion Chairman Robert Pitofsky’s suggested and promoters. Three, boxers are pro- DEAR REPRESENTATIVES OXLEY AND ENGEL: that state Attorneys General review business We are pleased that ‘‘The Muhammad Ali tected from coercive contracts. Four, practices in the professional boxing industry, Boxing Reform Act’’ (H.R. 1832) is being new strong disclosure requirements are the National Association of Attorneys Gen- brought up before the full House of Rep- created for promoters, sanctioning bod- eral created the Boxing Task Force to exam- resentatives. We strongly support this bill ies, judges, and referees to reduce cor- ine interstate boxing practices in the United which will protect boxers from exploitations ruption. Fifth, boxing judges and ref- States, identify the problems therein, and and unfair treatment by unscrupulous pro- erees are required to be approved by recommend ways to improve the industry. moters and other business interests that the State commissions. Sixth, un- In furtherance of our common objectives, dominate this troubled industry. We urge all the Task Force conducted a public hearing members of Congress to support this effort sportsmanlike conduct would be added on January 19–21, 1999, where testimony, in- to make boxing a more honorable sport. as a new category of suspendable of- cluding numerous recommendations, was re- Most sincerely, fenses. And, seven, the State boxing ceived from individuals representing a cross- MUHAMMAD ALI. commissions are encouraged to adopt section of the boxing industry. Testimony LONNIE ALI.

VerDate 29-OCT-99 02:31 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.009 pfrm02 PsN: H08PT1 H11654 CONGRESSIONAL RECORD — HOUSE November 8, 1999 MUHAMMAD ALI, the chairman and ranking member of man of the National Association of Attorneys Berrien Springs, MI, June 30, 1998. our full Committee on Commerce for General Boxing Task Force, Eliot Spitzer has Senator JOHN MCCAIN, moving this bill forward. This is long helped guide Congress through the legal tech- Russell Senate Office Building, overdue, and those who love the sport Washington, DC. nicalities required for effective enforcement of DEAR SENATOR MCCAIN: Thank you for all of boxing, as I do, and so many do in new boxing regulations. His contribution and of your effort in setting up guidelines for my district and across America, will testimony before Congress will not be forgot- boxers in the ring today and for those in the hail this day as a very important day ten. future. I can’t begin to express how honored in restoring the dignity and the glory In the end, the Muhammad Ali Boxing Re- I am that you would name the Boxing Re- of the sport of boxing in America. form Act puts abuse in the boxing industry on form Act after me. Ms. DEGETTE. Madam Speaker, I the ropes. By passing this important legisla- After reading the summary you sent me, I yield myself such time as I may con- tion, I believe that Congress will deliver the can only tell you that these guidelines are long overdue. I only wish they would have sume in closing to acknowledge that final one, two punch to boxing corruption. been in effect when I was boxing. my colleagues on the other side of the Ms. DEGETTE. Madam Speaker, I Thank you for caring enough about the aisle did note that I am not the gen- have no further requests for time, and sport of boxing that you would help those in tleman from New York (Mr. ENGEL), I yield back the balance of my time. the ring today and in the future. who has worked very hard on this bill. Mr. BLILEY. Madam Speaker, I have Sincerely, I too would like to commend him. He no further requests for time, and I MUHAMMAD ALI. is sorry he could not be here to manage yield back the balance of my time. Mr. BLILEY. Madam Speaker, I yield the time today, but he had a family The SPEAKER pro tempore (Mrs. such time as he may consume to the emergency and I am filling in. BIGGERT). The question is on the mo- gentleman from Louisiana (Mr. TAU- This is an excellent bill, and I com- tion offered by the gentleman from ZIN). mend particularly the gentleman from Virginia (Mr. BLILEY) that the House Mr. TAUZIN. Madam Speaker, during Ohio (Mr. OXLEY) and the gentleman suspend the rules and pass the bill, our subcommittee markup on this bill from New York (Mr. ENGEL). H.R. 1832 , as amended. earlier this year, we asked a panel of Mr. ENGEL. Madam Speaker, I rise in The question was taken; and (two- witnesses about the judging of the strong support of H.R. 1832, the Muhammad thirds having voted in favor thereof) Holyfield-Lewis championship unifica- Ali Boxing Reform Act. the rules were suspended and the bill, tion fight that had just occurred. Two For years, there has been widespread con- as amended, was passed. said the scoring was incompetent, two cern about the boxing industry in the United A motion to reconsider was laid on indicated that it was dishonest, and States. Not only have scandals plagued the in- the table. the last said Lewis was robbed. Well, dustry as long as I can remember, but fighters we all are robbed when one of our na- have been taken advantage of financially and f tional sports becomes tainted in such a opportunities to compete for a title have not al- way. ways been awarded to legitimate contenders. RECOGNIZING GENEROUS CON- I grew up watching boxing as a child As you know, Madam Speaker, almost TRIBUTION BY LIVING PERSONS with my grandfather and my dad in the every other major sport in the United States WHO HAVE DONATED A KIDNEY little community of Chackbay, Lou- operates with a central body to establish ap- TO SAVE A LIFE isiana. I have heard of too many young propriate business standards and effective Mr. BLILEY. Madam Speaker, I move fighters who have put so much into mechanisms of self-regulation. Not boxing. to suspend the rules and agree to the training themselves for a big fight only Boxing exists in a world of alphabet soup or- resolution (H. Res. 94) recognizing the to suffer from what Muhammad Ali has ganizations whose rating methodologies are generous contribution made by each called the ‘‘dishonest ways’’ of pro- as ephemeral as the famous Ali ``mirage'' and living person who has donated a kidney moters. promoters who are as untouchable as Ali was to save a life. This bill protects boxers from dis- behind the ``rope-a-dope.'' The Clerk read as follows: honest promoters. It prohibits coercive The purpose of the Muhammad Ali Boxing contracts and empowers the States to Reform Act is to increase disclosure and pre- H. RES. 94 develop uniform rules and regulations vent abuses in professional boxing, specifically Whereas kidneys are vital organs that governing the sport. It requires the targeting conflicts of interest that arise for pro- clean the blood by removing wastes, and sanctioning bodies, the referees, failed kidneys have lost the ability to re- moters. move these wastes; judges, and promoters to disclose any H.R. 1832 limits contracts between boxers Whereas in the United States more than conflicts of interest and sources of and promoters, ending the coercive practice of 250,000 patients with kidney failure, also compensation to help the States en- requiring long contracts for fighters to obtain known as end stage renal disease (ESRD), force their laws and protect boxers particular bouts. have died since 1989; from any taint of corruption. The bill also seeks to ensure that the man- Whereas during 1996, 283,932 patients were I want to note, as my good friend, the ager is an independent advocate of the boxer, in treatment for ESRD, and an additional gentleman from Ohio (Mr. OXLEY), has not an agent serving the financial interest of 73,091 patients began treatment for ESRD; done, that this legislation has the sup- Whereas the most common cause of ESRD the promoter. has consistently been diabetes, because the port of the president of the Association Furthermore, the sanctioning organizations high levels of blood sugar in persons with di- of Boxing Commissioners, Ring Maga- would have to establish objective criteria for abetes cause the kidneys to filter too much zine, International Boxing Digest, Box- the rating of professional boxers and fully dis- blood and leave the kidneys, over time, un- ing News, numerous promoters, man- close their by-laws, rating systems, and offi- able to filter waste products; agers, and boxers, all of who want to cials. Whereas of the patients who began treat- clean up this sport and indeed restore I firmly believe that with these limitations, ment for ESRD in 1996, 43 percent were per- it to its former glory. the boxing industry can take a giant step to- sons with diabetes; Last June, when we began our work ward the 21st century and the ending of cor- Whereas ESRD can be treated with dialysis, which artificially cleans the blood but in the subcommittee, we indeed prom- ruption. which imposes significant burdens on quality ised that we would bring this reform I would like to thank my good friend, Chair- of life, or with a successful kidney trans- bill to the floor of the House. I am very man OXLEY, for his hard work on this legisla- plant operation, which frees the patient from happy that the Committee on Com- tion. It has been my pleasure to serve as the dialysis and brings about a dramatic im- merce, with the help of the gentleman lead Democratic cosponsor of his bill in the provement in quality of life; from Virginia (Mr. BLILEY) and the House and to cosign several dear colleagues Whereas in 1996 the number of kidneys gentleman from Ohio (Mr. OXLEY), kept with him. transplanted in the United States was 12,238, with 25 percent of the kidneys donated from that promise and we have now deliv- Much credit is also due to Senator JOHN biologically related living relatives, 5 per- ered this bill to the floor of the House. MCCAIN, author of the Senator-approved cent from spousal or other biologically unre- I also want to thank the gentleman version of the bill. I would also like to call at- lated living persons, and the remainder from from New York (Mr. ENGEL) for work- tention to Eliot Spitzer, the Attorney General of cadavers; ing so closely with the gentleman from the State of New York, for his efforts to root Whereas from 1988 to 1997, the number of Ohio on this legislation, and, of course, out corruption in the boxing industry. As Chair- patients on the waiting list for a cadaveric

VerDate 29-OCT-99 02:31 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.007 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11655 kidney transplant increased more than 150 nate an organ to a person requiring a need for organ transplants far out- percent, from 13,943 to more than 35,000; transplant in another State. The com- pacing the supply, we are also starting Whereas the annual number of cadaveric mittee found that there may be many to see a new type of donation, a non- kidneys available for transplant has in- willing donors who would like to save directed donation, where an individual creased only slightly, from 8,327 in 1994 to 8,526 in 1996, an increase of less than 100 such the life of another American but find makes a choice to donate a kidney to kidneys per year; themselves in financial circumstances any patient who needs it. Whereas from 1988 to 1997, the annual num- that would make it impossible for An outstanding example of a non- ber of kidneys donated by living persons rose them to take a leave of absence from directed live kidney donation is Joyce 104 percent, from 1,812 to 3,705; and their job. H.R. 2418 would ease that Roush. In September of this year, she Whereas in 1995, the 3-year survival rate burden. used the donation of her kidney to a for kidney recipients was 82 percent if the I am also proud to say that due to stranger as an opportunity to bring the donor was a living parent, 85 percent if the the Committee on Commerce efforts, public’s attention to the possibility of donor was a living spouse, 81 percent if the making nondirected donations. donor was a biologically unrelated living H.R. 3075, the Medicare, Medicaid and S–CHIP Balance Budget Refinement Most of us are also aware of the case person other than a spouse, and 70 percent if where Sean Elliott, of the world cham- the kidney was cadaveric: Now, therefore, be Act of 1999, added $200 million to pay it for additional immunosuppressive drug pion San Antonio Spurs, needed a kid- Resolved, That the House of therapy. Medicare presently only cov- ney transplant and received one from Representatives— ers these drugs for 36 months. This bill his older brother Noel Elliott. (1) recognizes the generous contribution takes a first step at addressing that b 1430 made by each living person who has donated issue and allows us to provide more a kidney to save a life; and According to Elliott, he would like to (2) acknowledges the advances in medical coverage for needy organ transplant return to playing in the NBA this year technology that have enabled living kidney patients. Access to these drugs can lit- if possible. Elliott said, ‘‘It’s another transplantation to become a viable treat- erally make the difference between life obstacle I have a chance to topple.’’ ment option for an increasing number of pa- and death. He has also overcome two knee sur- tients with end stage renal disease. While we in Congress continue to do geries. ‘‘It would be a pretty awesome The SPEAKER pro tempore. Pursu- what we can to safeguard the organ al- accomplishment,’’ he said, ‘‘and a great ant to the rule, the gentleman from location system from bureaucratic in- statement for anyone who faces adver- Virginia (Mr. BLILEY) and the gentle- terference, and work to address finan- sity. It would be inspirational to a lot woman from Colorado (Ms. DEGETTE) cial problems donors face as well as of people.’’ each will control 20 minutes. those recipients who needs affordable While that certainly would be a tre- The Chair recognizes the gentleman immunosuppressive drug therapy, let mendous inspiration to many people from Virginia (Mr. BLILEY). us remember the role that the thou- across the country, the example of his GENERAL LEAVE sands of ordinary Americans have older brother Noel and individuals like Mr. BLILEY. Madam Speaker, I ask played in the lives of their neighbors Joyce Roush should also be an inspira- unanimous consent that all Members and families who have donated kid- tion and an example for people across may have 5 legislative days within neys. We salute you for your sacrifice the country. which to revise and extend their re- and your charity. Unfortunately, while there has been marks on House Resolution 94, and to Madam Speaker, I reserve the bal- a substantial increase in organ dona- insert extraneous material. ance of my time. tions over the past decade, almost The SPEAKER pro tempore. Is there Ms. DEGETTE. Madam Speaker, I 350,000 Americans still have lost their objection to the request of the gen- yield myself such time as I may con- lives to kidney failure. Moreover, the tleman from Virginia? sume. number of patients on the waiting list There was no objection. First of all, I again want to thank for a kidney transplant has increased Mr. BLILEY. Madam Speaker, I yield my chairman, the esteemed gentleman by 174 percent, from 13,943 in 1988 to myself such time as I may consume, from Virginia, for bringing this bill up, 38,270 in 1997. and I rise in support of H. Res. 94, a res- and I also want to thank my colleague, The number of cadaveric kidney olution recognizing the generous con- the gentleman from Washington (Mr. transplants is stagnant, so the fact tribution made by each living person NETHERCUTT), for the opportunity to that we are seeing this increase in liv- who has donated a kidney to save the recognize those individuals who are ing donors in recent years is good news life of another person. willing to make a living donation of to the many who suffer from kidney Americans who donate their organs one of their kidneys. The gentleman failure. We can perform more living to save another’s life are heroes, and I from Washington and I are cochairs of donor transplants without either put- am delighted that the House of Rep- the Congressional Diabetes Caucus, and ting the donor or recipient in undue resentatives has taken the time to rec- both of us recognize that for those who danger because of medical advances. ognize them as such. From 1998 to 1997, care about that particular issue, kid- In 1995, a new type of procedure was the annual number of kidneys donated ney disease and kidney donation is a developed that made a kidney trans- by living persons rose 104 percent, from critical and important issue for us to plant a great deal less intrusive and 1,812 to 3,705. Even so, the number of be discussing today. thus reduced the risk to the donor and people on dialysis while they wait for a Those who donate kidneys are coura- cut down on the amount of recovery kidney transplant has grown to some geous individuals who give selflessly of time. 35,000. We have to do more. themselves, literally, to save another Madam Speaker, as co-chair of the The Committee on Commerce has person’s life. Last year, more than 4,000 Congressional Diabetes Caucus, the spent a great deal of time and effort in living donors gave kidneys. That was 31 gentleman from Washington (Mr. the last year working to develop good percent of the transplants. Over a 10- NETHERCUTT) and I have over 240 Mem- solutions to the difficult problem of in- year period, the number of kidney do- bers of the House who have signed on creasing the supplies of donated organs nations has increased by 54 percent, as members of this caucus. while safeguarding the system from un- from 5,688 in 1988 to 8,774 in 1997. The We know that the most common intended bureaucratic interference increase in the number of living kidney cause of end stage renal disease has that would dramatically harm efforts donors has been even more dramatic, consistently been diabetes. In fact, 35 to increase donations. Many of those from 1,812 to 3,695, a doubling of living percent of the new cases of kidney fail- ideas are embodied in H.R. 2418, the donors to relatives that received this ure every year and 25 percent of all Organ Procurement and Transplant Pa- critical gift of life. cases of kidney failure come from dia- tient Network Amendments of 1999, Every year thousands of lives are betic causes. This is true because of the which was reported out of my com- saved when a family member, a friend, high levels of blood sugar people with mittee just 3 weeks ago. a coworker, or even a member of the diabetes have that cause the kidneys to Among the initiatives in H.R. 2418 is community they do not know makes filter too much blood and leave the a program to provide living and travel the choice to donate one of their two kidneys over time unable to filter expenses for those individuals who do- kidneys to someone in need. With the waste products.

VerDate 29-OCT-99 03:59 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.004 pfrm02 PsN: H08PT1 H11656 CONGRESSIONAL RECORD — HOUSE November 8, 1999 Of those beginning ESRD treatment only the medical people who are serv- work of the chairman of the Com- in 1997, just under half are people with ing the public there but those who are mittee on Commerce and others. diabetes. This is why it is so important undergoing kidney dialysis. As we in the Congress and the Presi- every day that relatives, friends, and It is not pleasant. It is something dent work through this final detail on co-workers and members of the com- that breaks our hearts for the people the Labor, Health and Human Services munity donate kidneys both to those who are stricken with kidney disease. bill, an appropriations bill, I happen to that they know and those they do not It is so important that we encourage be a member of that committee, it is know. people to donate kidneys to people who encouraging to they that we have a I hope we can find ways before we are living so that they can be relieved mutual commitment to increase fund- cure diabetes, which is our ultimate of their kidney problems. And this is ing for biomedical research at the Na- and, by the way, our short-term goal, one way to do that, that is having liv- tional Institutes of Health. still, in the meantime, we need to find ing people donate kidneys to those who It is in the national best interests of ways to find these kidneys. are afflicted. the country and certainly the interests I want to once again thank the gen- In 1996, over 12,000 kidneys were of every Member of this House and the tleman from Washington (Mr. transplanted in the United States. other body and the President that we NETHERCUTT) for the opportunity to About 30 percent of these organs came increase medical research but we also recognize these individuals that make from living donors. Over the last 10 focus on the absolute sacrifice that is living donations of a kidney and work years, the number of patients waiting being undertaken every day by selfless with him to make sure that we encour- for a kidney transplant has almost tri- people who just want to help save a age more of this in the future. pled from 14,000 to over 40,000 people. life. So I urge my colleagues to support Madam Speaker, I reserve the bal- We know that the number of living do- this resolution. ance of my time. nors has increased over 100 percent. I thank, again, the chairman of the Mr. BLILEY. Madam Speaker, I yield Over the last 10 years, from 1985 to Committee on Commerce and the gen- such time as he may consume to the 1994, the 10-year survival rate for dialy- tlewoman from Colorado (Ms. gentleman from Washington (Mr. sis patients was just 10 percent. Pa- DEGETTE) for their great work in pur- NETHERCUTT), the principal cosponsor tients who received a cadaveric kidney suing this. of the bill. had a 55 percent survival rate. How- Ms. DEGETTE. Madam Speaker, I Mr. NETHERCUTT. Madam Speaker, ever, those who received a kidney from yield myself such time as I may con- I thank the chairman for his gen- a living family member had a 75 per- sume. erosity in not only yielding me time on cent chance of living an additional 10 Madam Speaker, again, I would like this resolution but his leadership on years. If one is that recipient and if one to thank them for their leadership on the part of the Committee on Com- is that donor, that is a very significant this bill. merce in bringing this resolution for- percentage increase. Mr. STARK. Madam Speaker, I rise in sup- ward today. Living kidney donors face the risk port of House Resolution 94, in recognition of I certainly appreciate the remarks of and pain associated with major surgery the generous gift made by each living person my colleague the gentlewoman from and certainly should be commended for who has donated a kidney to save a life. Of Colorado (Ms. DEGETTE), who has their selflessness. Without the sacrifice those approximately 63,000 Americans cur- served very, very strongly as co-chair of these brave people who decide to rently awaiting an organ transplant, almost of the Diabetes Caucus. We are in this make a donation, thousands more two-thirds are in need of a kidney. Since 1989, together, the two of us, notwith- would die of kidney failure each year. more than 250,000 patients with kidney failure standing our difference in party affili- Madam Speaker, when I first intro- have died. However, with today's medical ad- ation. duced this resolution, former Senator vances, living kidney transplantation has be- That is the great thing about the Di- Jake Garn of Utah called me long dis- come a feasible treatment option for patients abetes Caucus, that it looks beyond tance to express his support for the res- with end stage renal disease. Unfortunately, party affiliation and seeks to find a olution. For, you see, Senator Garn do- the number of people on the waiting list con- cure for diabetes and, thus, help people nated a kidney to his adult daughter; tinues to grow more quickly than the number who have problems with their kidneys. and she has lived very well over the of organ donors. So I am very grateful to my col- last few years despite having some Research points to a clear need for incen- league from Colorado, who has worked complications from diabetes and other tive programs and public education to increase so hard and been such a great leader in diseases. organ donation. To help encourage donations this issue, along with my chairman, This resolution means something to and to increase the number of organs avail- certainly, from the Committee on people out there in the real world, peo- able for potential donation, I introduced legis- Commerce, and other Members of this ple who have donated and who are lation this Congress, H.R. 941, the ``Gift of Life House. waiting for a donation. So my hat is off Congressional Medal Act of 1999.'' This bill I am delighted to rise in support of to Senator Garn and so many others would create a commemorative medal that this resolution, my own, that I intro- for the recognition they deserve for honors organ donors and their families. We duced with other Members that recog- their commitment to their families need to use every possible opportunity to in- nizes the generous contribution of liv- and their self sacrifice so that other crease the number of donated organs. This ing kidney donors and acknowledges people can live. Act is intended to draw attention to this life- the advances made in medical tech- I am one, along with the gentle- saving issue, and to send a clear message nology that enable living kidney trans- woman from Colorado (Ms. DEGETTE) that donating one's organs is a selfless act plants to be a viable treatment option. and the gentleman from Virginia (Mr. that should receive the profound respect of The gentlewoman from Colorado (Ms. BLILEY), who has been a strong sup- our Nation. I hope Members would also con- DEGETTE) and the gentleman from Vir- porter of medical research. The ad- sider this effort to increase donations. ginia (Mr. BLILEY) spoke well of the vances made in medical technology are In addition to increasing the number of statistical information that is out what makes this life-saving procedure organ donors, it is important that we ensure there with regard to the scope of the possible. our nation's organ allocation system is fair. problem of kidney transplants and kid- As the gentlewoman from Colorado Unfortunately, the current system relies more ney disease. (Ms. DEGETTE) mentioned, laparoscopic on geography than medical urgency. As a re- In 1997, 73,000 new patients began nephrectomy is a new technique for ob- sult, organs are offered first to people in a treatment for end stage renal disease. taining a kidney from a living donor local, regional area and only when there are Of those new patients, nearly half also that is less invasive and leads to short- no local patients available is the organ offered had diabetes. I have had the oppor- ened hospital stays and recuperation to sicker patients on a broader level. This tunity to visit my hospitals in the time. Advances in immuno-suppressive means that some of the most deserving of pa- Fifth Congressional District of Wash- drugs have increased survival rates for tients will not receive an organ solely because ington, one of which is Sacred Heart transplant recipients. This is fantastic of where they live or where they undergo Medical Center. I went to the kidney research that is ongoing that is con- treatmentÐwhich often times is a health plan's dialysis department and spoke with not tinuing in the NIH through the good decision.

VerDate 29-OCT-99 03:59 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 9920 E:\CR\FM\K08NO7.014 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11657 In fact, patient outcome data recently re- In vetoing the DC-Labor-HHS appropriations The question was taken. leased by the Department of Health and bill last week, the President called the appro- Mr. BLILEY. Madam Speaker, on Human Services (HHS) suggest a patient's priations rider that would delay the implemen- that I demand the yeas and nays. chances of getting a new heart or liver and tation of HHS' final Organ Procurement and The yeas and nays were ordered. surviving at least a year greatly varies de- Transplantation rule for 90 days `à highly ob- The SPEAKER pro tempore. Pursu- pending on where the patient goes for a trans- jectionable provision.'' As the President stated: ant to clause 8 of rule XX and the plant. For example, at the University of Kan- the HHS rule ``provides a more equitable sys- Chair’s prior announcement, further sas Medical Center, 89% of people waiting for tem of treatment . . . its implementation proceedings on this motion will be liver transplants received them within a year in would likely prevent the deaths of hundreds of postponed. the mid-1990s, while at the University of Mary- Americans.'' I would hope that the President's f land in Baltimore, only 21% of patients re- strong opposition to the Appropriations bill's EMIGRANT WILDERNESS ceived livers within a year. Depending on the moratorium on the HHS transplant regulation PRESERVATION ACT OF 1999 transplant center, a patient's likelihood of will be honored by Congress. Mr. DOOLITTLE. Madam Speaker, I dying within a year of listing for a liver trans- Let's increase the number of organ donors, move to suspend the rules and pass the plant can range from 7% to 22%. A system make our organ allocation system fair, and bill (H.R. 359) to clarify the intent of that offers a level playing field to all patients bring an end to all the needless deaths. And Congress in Public Law 93–632 to reno matter where they live is in everyone's best let's be consistent in our messageÐvote for quire the Secretary of Agriculture to interestÐmedical urgency rather than geog- H. Res. 94 to recognize those who so gener- continue to provide for the mainte- raphy should be the determining standard. ously give the gift of life. Vote against any ef- Today, as we recognize the generous con- fort to remove or delay the Secretary's legiti- nance and operation of 18 concrete tribution made by each living kidney donor, we mate oversight authority and to give a private dams and weirs that were located in here in Congress need to be consistent in our contractor a monopoly over the nation's organ the Emigrant Wilderness at the time message. While we're encouraging people to allocation program. And support a fairer allo- the wilderness area was designated in serve as organ donors, we also have Mem- cation system that bases transplant decisions that Public Law, as amended. The Clerk read as follows: bers introducing legislation that would harm on common medical criteria and pure profes- organ donations and would permit geography sional medical opinion and medical needÐnot H.R. 359 to continue to serve as a barrier to organ allo- geography. Be it enacted by the Senate and House of Rep- cation and transplantation. Mr. CAPUANO. Madam Speaker, I rise to resentatives of the United States of America in For example, the `Òrgan Procurement and Congress assembled, commend those living persons who have SECTION 1. SHORT TITLE. Transplantation Network Amendments of given the precious gift of life through the self- This Act may be cited as the ‘‘Emigrant 1999'' (H.R. 2418) would remove HHS' legiti- less act of donating a kidney. Today I join the Wilderness Preservation Act of 1999’’. mate authority to oversee the organ allocation majority of the Members of Congress in sup- SEC. 2. OPERATION AND MAINTENANCE OF CER- program and would require HHS to rewrite its porting H. Res. 94, which recognizes the gen- TAIN WATER IMPOUNDMENT STRUC- recently revised organ allocation regulations, erous contributions of those who have made TURES IN THE EMIGRANT WILDER- NESS, STANISLAUS NATIONAL FOR- while it simultaneously makes data less avail- this sacrifice, and acknowledging the ad- EST, CALIFORNIA. able to the public. If enacted, the transplant vances in medical technology that have made (a) COOPERATIVE AGREEMENT FOR MAINTE- center performance data recently released by living kidney transplants a viable treatment op- NANCE AND OPERATION.—The Secretary of Ag- HHS would be unavailable to the public. This tion. riculture shall enter into a cooperative harmful legislation would set different alloca- Madam Speaker, on many occasions this agreement with a non-Federal entity de- tion policies than recommended by the Insti- session, Congress has debated the costs of scribed in subsection (c), under which the en- tute of Medicine (IoM) and is probably uncon- health care and health related research. tity will retain, maintain, and operate at stitutional in its delegation of power to a pri- private expense the water impoundment These debates would be futile were it not for structures specified in subsection (b) that vate contractor. the courage of the living donors who make are located within the boundaries of the Em- Perhaps most disturbing, H.R. 2418 would specialized medical services, such as kidney igrant Wilderness in the Stanislaus National provide unreasonable protections for The transplants, possible. Today, we have come Forest, California, as designated by section United Network for Organ Sharing (UNOS), together not in debate but rather in over- 2(b) of Public Law 93–632 (88 Stat. 2154; 16 the current private contractor in charge of dis- whelming support of those individuals that live U.S.C. 1132 note). turbing organs procured for transplant. A re- day to day with life threatening kidney ail- (b) COVERED WATER IMPOUNDMENT STRUC- cent Forbes magazine article characterized ments as well as the families who support TURES.—The cooperative agreement required UNOS as ``the organ king: an outfit with life- by subsection (a) shall cover the water im- these individuals in their time of need. More poundment structures located at the fol- and-death power over patients waiting for importantly, we are here to pay homage to lowing: transplants'' which has `èvolved into a heavy- those ordinary heroes, whose contributions to (1) Cow Meadow Lake. handed private fiefdom.'' This bill essentially medical science will not be measured by (2) Y-Meadow Lake. gives UNOS a monopoly on the contract and prominent appearances in medical journals, (3) Huckleberry Lake. the Forbes article provides even further evi- but whose actions will be forever recorded in (4) Long Lake. dence of the need to oppose legislation which the hearts and minds of the individuals to (5) Lower Buck Lake. protects this contractor. whom they have donated a kidney. (6) Leighton Lake. (7) High Emigrant Lake. We are also currently facing a 90-day mora- Madam Speaker, in my district, I know of torium effort in the Labor-HHS Appropriations (8) Emigrant Meadow Lake. numerous life-saving acts that were unselfishly (9) Middle Emigrant Lake. bill and just last Friday, legislation was intro- committed by individuals whose courage was (10) Emigrant Lake. duced to delay the effective date of the HHS not realized until the idea of kidney donation (11) Snow Lake. rule. This delay of the Secretary's organ allo- was thrust upon them. With this in mind I (12) Bigelow Lake. cation rule would keep the Administration from would like to take this opportunity to acknowl- (c) ELIGIBLE ENTITY.—The following non- implementing the important, new HHS regula- edge that their actions have not gone unno- Federal entities are eligible to enter into the cooperative agreement under subsection (a): tions, strongly supported by evidence from the ticed and to thank these remarkable citizens IoM, and would lead to hundreds more need- (1) A non-profit organization as defined in for their contributions to their families and section 501(c)(3) of the Internal Revenue Code less deaths. The HHS organ allocation regula- neighbors. of 1986 (26 U.S.C. 501(c)(3)). tion attempts to move to a system based on Ms. DEGETTE. Madam Speaker, I (2) The State of California or a political medical necessity instead of geography with yield back the balance of my time. subdivision of the State. medical professionals making medical deci- Mr. BLILEY. Madam Speaker, I have (3) A private individual, organization, cor- sions about the best way to allocate the lim- no further requests for time, and I poration, or other legal entity. ited number of donated organs. The rule incor- yield back the balance of my time. (d) RESPONSIBILITIES OF THE SECRETARY.— porates comments from the IoM, transplant The SPEAKER pro tempore (Mrs. (1) MAP.—The Secretary of Agriculture shall prepare a map identifying the location, BIGGERT). The question is on the mo- community, patients, and the general public to size, and type of each water impoundment ensure the neediest patients receive organs tion offered by the gentleman from structure covered by the cooperative agree- firstÐregardless of where they live. Further ef- Virginia (Mr. BLILEY) that the House ment under subsection (a). forts to delay this rule are only causing need- suspend the rules and agree to the reso- (2) TERMS AND CONDITIONS OF AGREEMENT.— less deaths. lution, H. Res. 94. The Secretary shall prescribe the terms and

VerDate 29-OCT-99 03:59 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.027 pfrm02 PsN: H08PT1 H11658 CONGRESSIONAL RECORD — HOUSE November 8, 1999 conditions of the cooperative agreement, port when it was brought before this mittee on Resources on May 5 of this which shall set forth the rights and obliga- House, passing on the floor by a vote of year, and it has been further refined by tions of the Secretary and the non-Federal 424 to 2. The Emigrant Wilderness’s 18 the sponsor to reflect priorities of the entity. At a minimum, the cooperative check dam system was built between California Department of Fish and agreement shall— (A) require the non-Federal entity to oper- 1921 and 1954 through the combined ef- Game. ate and maintain the water impoundment forts of the U.S. Forest Service, the The 18 small dams and weirs at issue structures covered by the agreement in ac- California Conservation Corps., and were built earlier in this century and cordance with a plan of operations approved local volunteer groups. were in existence long before Congress by the Secretary; This system works to enhance the designated the Emigrant Wilderness in (B) require approval by the Secretary of all high elevation lake fisheries and spe- 1974. In fact, seven other structures are operation and maintenance activities to be cies habitat by keeping year-round eligible for the National Register of conducted by the non-Federal entity; flows in the streams. Although, I feel it Historic Places. For many years after (C) require the non-Federal entity to comply with all applicable State and Federal en- is imperative that all 18 dams be main- the wilderness was created, several vironmental, public health, and safety retained and operated, in an effort to structures were maintained for their quirements; and move this legislation and allow for the recreational fisheries values by the (D) establish enforcement standards, in- immediate preservation of the fisheries California Department of Fish and cluding termination of the cooperative and ecosystem of this area, I have Game. agreement for noncompliance by the non- come to an agreement with my col- While it is clear that Congress was Federal entity with the terms and condi- league the gentleman from California well aware of the water impoundment tions. (Mr. MILLER). structures when the wilderness was (3) COMPLIANCE.—The Secretary shall en- created in 1974, the authority for con- sure that the non-Federal entity remains in I have submitted an amendment in compliance with the terms and conditions of the nature of a substitute that has bi- tinued maintenance has been brought this section and the cooperative agreement. partisan support decreasing the num- into question. Accordingly, the purpose (e) RESPONSIBILITIES OF THE NON-FEDERAL ber of water empowerment structures of this bill is to authorize a public ENTITY.—The non-Federal entity shall be re- preserved in this legislation from 18 to process, consistent with NEPA, for the sponsible for— 12. Forest Service to determine the levels (1) carrying out its operation and mainte- H.R. 359 will allow a non-Federal en- of necessary maintenance. nance activities with respect to the water It is important to recognize that impoundment structures covered by the co- tity to pay the cost of maintaining and operative agreement under subsection (a) in repairing these substantially nothing in the legislation provides for conformance with this section and the coop- unnoticeable structures by allowing any authority for motorized intrusion erative agreement; and the Secretary of Agriculture to enter in the wilderness area. This is a very (2) the costs associated with the mainte- into a cooperative agreement providing unique circumstance and the legisla- nance and operation of the structures. the non-Federal entity the opportunity tion is not intended to set a precedent (f) PROHIBITION ON USE OF MECHANIZED to conduct the necessary maintenance. for other wilderness areas. TRANSPORT AND MOTORIZED EQUIPMENT.—The What is contemplated under the bill non-Federal entity may not use mechanized By providing for the continued mainte- transport or motorized equipment— nance and operation of these 12 struc- is that community volunteers would (1) to operate or maintain the water im- tures, we will protect the stream flow offer their time and effort and perform poundment structures covered by the cooper- system within the Emigrant Wilder- the necessary work under the super- ative agreement under subsection (a); or ness that for over 70 years has main- vision and according to standards set (2) to otherwise conduct activities in the tained an ecosystem of lakes, streams, by the Forest Service. As amended, the Emigrant Wilderness pursuant to the cooper- and meadows upon which many species, bill provides that the 12 structures ative agreement. including the great American bald identified by the Department of Fish (g) EXPANSION OF AGREEMENT TO COVER AD- and Game be considered as priorities DITIONAL STRUCTURES.—In the case of the six eagle, depend. water impoundment structures located with- If these small, unnoticeable struc- for retention. One or more of the other in the boundaries of the Emigrant Wilder- tures are allowed to deteriorate, many six structures may also be eligible for ness, but not specified in subsection (b), the of the lakes and streams will dry up maintenance, subject to the consent of Secretary of Agriculture may expand the during the summer and fall months, re- the Forest Service and the State of scope of the cooperative agreement under sulting in negative impacts on the eco- California. subsection (a), with the consent of the State system fisheries, recreation, and the Madam Speaker, I also would note of California and the other party to the that the legislation has been endorsed agreement, to include one or more of these area’s tourism economy. structures, subject to the same terms and Madam speaker, I offer this amend- by California Trout, Trout Unlimited, conditions as apply to the structures speci- ment in the nature of a substitute as a and the Backcountry Horsemen of Cali- fied in subsection (b). bipartisan effort to preserve and pro- fornia, whose members are interested (h) AUTHORIZATION OF APPROPRIATIONS.— tect the important historical research in volunteering time to do the repairs. There are authorized to be appropriated to within the Emigrant Wilderness. It is In closing, I want to recognize the the Secretary of Agriculture $20,000 to cover my hope that we can move this bill for- work that the gentleman from Cali- administrative costs incurred by the Sec- fornia (Mr. DOOLITTLE) has done on this retary to comply with the requirements of ward with the same resounding support the National Environmental Policy Act of it had last Congress. bill. I urge support for it from our col- 1969 (42 U.S.C. 4321 et seq.) in carrying out I ask for the support of my colleagues. this section. leagues and urge them to vote for this Madam Speaker, I yield back the bal- The SPEAKER pro tempore. Pursu- legislation. ance of my time. Mr. DOOLITTLE. Madam Speaker, I ant to the rule, the gentleman from b 1445 California (Mr. DOOLITTLE) and the have no further requests for time, and gentleman from California (Mr. Mr. DOOLEY of California. Madam I yield back the balance of my time. DOOLEY) each will control 20 minutes. Speaker, I yield myself such time as I The SPEAKER pro tempore (Mrs. The Chair recognizes the gentleman may consume. BIGGERT). The question is on the mo- from California (Mr. DOOLITTLE). (Mr. DOOLEY of California asked and tion offered by the gentleman from Mr. DOOLITTLE. Madam Speaker, I was given permission to revise and ex- California (Mr. DOOLITTLE) that the yield myself such time as I may contend his remarks.) House suspend the rules and pass the sume. Mr. DOOLEY of California. Madam bill, H.R. 359, as amended. Madam Speaker, this legislation, the Speaker, I rise in support of this legis- The question was taken; and (two- Emigrant Wilderness Preservation Act lation. This bill would authorize the thirds having voted in favor thereof) of 1999, was designed to provide for the Forest Service to continue to maintain the rules were suspended and the bill, maintenance and operation of 18 small small water impoundment structures as amended, was passed. water empowerment structures within located within the Emigrant Wilder- The title of the bill was amended so the Emigrant Wilderness. ness Area of the Stanislaus National as to read: ‘‘A bill to clarify the intent Similar legislation last Congress, Forest in California. The legislation of Congress in Public Law 93–632 to re- H.R. 1663, received overwhelming sup- was reported unanimously by the Com- quire the Secretary of Agriculture to

VerDate 29-OCT-99 03:59 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.009 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11659 continue to provide for the mainte- (13) ACTIVITIES OF FEDERAL AGENCIES IN THE (34) DOCUMENTS RELATING TO PROPOSAL TO nance and operation of certain water MARINE SCIENCES.—Section 7 of Public Law DESIGNATE NATIONAL MARINE SANCTUARY.— impoundment structures that were lo- 89–454 (33 U.S.C. 1106(a)). Section 304(a)(1)(C) of Public Law 92–532 (16 cated in the Emigrant Wilderness at (14) PROPOSED CONSTITUTION FOR GUAM.— U.S.C. 1434(a)(1)(C)). Section 5 of Public Law 94–584 (48 U.S.C. note (35) NOTICE OF DESIGNATION OF MARINE the time the wilderness area was des- prec. 1391), as it relates to the submission of SANCTUARY.—Section 304(b) of Public Law 92– ignated in that Public Law.’’. a proposed constitution for Guam. 532 (16 U.S.C. 1434(b)). A motion to reconsider was laid on (15) CERTAIN AGREEMENTS WITH THE FED- (36) NATURE, EXTENT, AND EFFECTS OF the table. ERATED STATES OF MICRONESIA OR THE MAR- DRIFTNET FISHING IN WATERS OF NORTH PA- f SHALL ISLANDS.—Paragraphs (2) and (5) of CIFIC OCEAN ON MARINE RESOURCES OF UNITED section 101(f) of Public Law 99–239 (48 U.S.C. STATES.—Section 4005(a) of Public Law 100– RESOURCES REPORTS 1901(f)(2) and (5)). 220 (101 Stat. 1478; 16 U.S.C. 1822 note). RESTORATION ACT (16) DETERMINATION THAT THE GOVERNMENTS (37) BLUEFIN TUNA.—Section 3 of Public Law 96–339 (16 U.S.C. 971i). Mr. DOOLITTLE. Madam Speaker, I OF THE MARSHALL ISLANDS AND THE FED- ERATED STATES OF MICRONESIA SHALL REFRAIN (38) FAIR MARKET VALUE AT THE TIME OF THE move to suspend the rules and pass the TRANSFER OF ALL REAL AND PERSONAL PROP FROM ACTIONS INCOMPATIBLE WITH UNITED - bill (H.R. 3002) to provide for the con- ERTY CONVEYED ON THE PRIBILOF ISLANDS.— STATES AUTHORITY AND RESPONSIBILITY FOR tinued preparation of certain useful re- Section 205(c) of Public Law 89–702 (16 U.S.C. SECURITY AND DEFENSE MATTERS.—Section 313 1165(c)). ports concerning public lands, Native of the Compact of Free Association between (39) COASTAL ZONE MANAGEMENT.—Section Americans, fisheries, wildlife, insular the United States and the Governments of 316 of Public Law 89–454 (16 U.S.C. 1462). areas, and other natural resources-re- the Marshall Islands and the Federated (40) ADMINISTRATION OF THE OCEAN THERMAL lated matters, and to repeal provisions States of Micronesia, as contained in section ENERGY CONVERSION ACT OF 1980.—Section 405 201 of Public Law 99–239 (48 U.S.C. 1901 note). of law regarding terminated reporting of Public Law 96–320 (42 U.S.C. 9165). (17) IMPACT OF THE COMPACT OF FREE ASSO- requirements concerning such matters. (41) COOPERATIVE PROGRAM FOR THE DEVEL- CIATION ON UNITED STATES TERRITORIES AND The Clerk read as follows: OPMENT OF TUNA AND OTHER LATENT FISHERY COMMONWEALTHS AND ON HAWAII.—Section H.R. 3002 RESOURCES OF THE CENTRAL WESTERN, AND 104(e)(2) of Public Law 99–239 (48 U.S.C. Be it enacted by the Senate and House of Rep- SOUTH PACIFIC OCEAN.—Section 4 of Public 1904(e)(2)). Law 92–444 (16 U.S.C. 758e–1a). resentatives of the United States of America in (18) LAW ENFORCEMENT ASSISTANCE AGREE- (42) ADMINISTRATION OF THE DEEP SEABED Congress assembled, MENTS BETWEEN UNITED STATES AND FED- HARD MINERAL RESOURCES ACT.—Section 309 SECTION 1. SHORT TITLE. ERATED STATES OF MICRONESIA.—Section of Public Law 96–283 (30 U.S.C. 1469). This Act may be cited as the ‘‘Resources 102(a)(4) of Public Law 99–239 (48 U.S.C. (43) EFFECT OF ANY INTERNATIONAL AGREE- Reports Restoration Act’’. 1902(a)(4)). MENT GOVERNING DEEP SEABED MINING.—Sec- SEC. 2. NATURAL RESOURCES-RELATED REPORT- (19) DETERMINATION REGARDING TRANSFER tion 202 of Public Law 96–283 (30 U.S.C. 1442). ING REQUIREMENTS. OF FUNDS AVAILABLE UNDER THE COMPACT OF (44) DECONTAMINATION EFFORTS ON PUBLIC (a) PRESERVATION OF CERTAIN REPORTING FREE ASSOCIATION TO THE FEDERATED STATES LANDS WITHDRAWN FOR MILITARY AND DE- REQUIREMENTS.—Section 3003(a)(1) of the OF MICRONESIA AND THE MARSHALL ISLANDS TO FENSE-RELATED PURPOSES IN NEVADA AND Federal Reports Elimination and Sunset Act ACCOUNTS FOR PAYMENT TO OWNERS OF SEIZED COST ESTIMATES.—Section 7(b) of Public Law of 1995 (Public Law 104–66; 31 U.S.C. 1113 FISHING VESSELS.—Section 104(f)(3) of Public 99–606 (100 Stat. 3464). note) does not apply to any report required Law 99–239 (48 U.S.C. 1904(f)(3)). (45) INSULAR AREAS STUDY.—Section 1406(a) to be submitted under any of the following (20) LAW ENFORCEMENT ASSISTANCE AGREE- of Public Law 102–486 (106 Stat. 2995). provisions of law: MENTS BETWEEN UNITED STATES AND MAR- (46) ACTIVITIES UNDER THE COAL RESEARCH (1) TRANS-ALASKA PIPELINE LIABILITY FUND SHALL ISLANDS.—Section 103(a)(4) of Public ACT.—Section 7 of Public Law 86–599 (30 AUDITS.—Section 204(c)(4)(A) of Public Law Law 99–239 (48 U.S.C. 1903(a)(4)). U.S.C. 667). 93–153 (43 U.S.C. 1653(c)(4)(A)). (21) GOVERNING INTERNATIONAL FISHERY (47) AFRICAN ELEPHANT ADVISORY FUND AND (2) DIRECT REVIEW OF FINAL DECISIONS OF AGREEMENTS.—Section 203(a) of Public Law STATUS OF ELEPHANT.—Section 2103 of Public HIGHEST COURT OF GUAM.—Section 22B of the 94–265 (16 U.S.C. 1823(a)). Law 100–478 (102 Stat. 2317; 16 U.S.C. 4213). Act of August 1, 1950 (chapter 512; 48 U.S.C. (22) REPORT OF THE WORK OF RIVER BASIN (48) STATUS OF ALL MARINE MAMMAL SPECIES 1424–2). COMMISSIONS.—Section 204(2) of Public Law AND POPULATION STOCKS SUBJECT TO THE PRO- (3) DIRECT REVIEW OF FINAL DECISIONS OF 89–80 (42 U.S.C. 1962b–3(2)). VISIONS OF THE MARINE MAMMAL PROTECTION HIGHEST COURT OF VIRGIN ISLANDS.—Section (23) ENVIRONMENTAL QUALITY REPORT.—Sec- ACT OF 1972.—Section 103(f) of Public Law 92– 23 of the Act of July 22, 1954 (chapter 558; 48 tion 201 of Public Law 91–190 (42 U.S.C. 4341). 522 (16 U.S.C. 1373(f)). U.S.C. 1613). (24) AGENCY COMPLIANCE WITH THE COASTAL (49) EXPENDITURES FOR THE CONSERVATION (4) NATIONAL ENERGY POLICY PLAN AND RE- BARRIER RESOURCES ACT.—Section 7 of the OF ENDANGERED OR THREATENED SPECIES.— LATED REPORT.—Subsections (b) and (c) of Coastal Barrier Resources Act (16 U.S.C. Section 18 of Public Law 93–205 (16 U.S.C. section 801 of Public Law 95–91 (42 U.S.C. 3506). 1544). 7321). (25) LIVESTOCK GRAZING IN CERTAIN DES- (50) FINAL DECISION OF ANY CLAIM CHAL- (5) CERTIFICATION REGARDING TAKING OF IGNATED WILDERNESS AREAS.—Section 6(c) of LENGING THE PARTITION OF JOINT RESERVA- CERTAIN SEA TURTLES.—Section 609(b)(2) of Public Law 101–195 (103 Stat. 1787). TION.—Section 14(c)(1) of Public Law 100–580 Public Law 101–162 (103 Stat. 1038; 16 U.S.C. (26) REHABILITATION NEEDS OF FOREST SERV- (102 Stat. 2936; 25 U.S.C. 1300i–11(c)(1)). 1537 note). ICE REGIONS DUE TO FOREST FIRE DAMAGE.— (51) CONSERVATION PLANS FOR REFUGES ES- (6) INTERNATIONAL FISHERY CONSERVATION Section 202 of Public Law 101–286 (104 Stat. TABLISHED, REDESIGNATED, OR EXPANDED BY OR PROTECTION OF ENDANGERED OR THREAT- 174; 16 U.S.C. 551b). ALASKA NATIONAL INTEREST LANDS CONSERVA- ENED SPECIES.—Section 8(b) of the Act of Au- (27) NATIONAL FOREST SYSTEM REFOREST- TION ACT.—Section 304(g)(6)(D) of Public Law gust 27, 1954 (chapter 1018; 22 U.S.C. 1978(b)). ATION NEEDS.—Section 3(d)(1) of Public Law 96–487 (94 Stat. 2395). (7) PHOSPHATE LEASING IN OSCEOLA NA- 93–378 (16 U.S.C. 1601(d)(1)). (52) MANAGEMENT OF CALIFORNIA DESERT TIONAL FOREST, FLORIDA.—Section 5(1) of (28) DOMESTIC FOREST ECOSYSTEMS RE- CONSERVATION AREA.—Section 601(i) of Public Public Law 98–430 (98 Stat. 1666). SEARCH PROGRAM.—Section 3(c)(4) of Public Law 94–579 (43 U.S.C. 1781(i)). (8) PERTINENT PUBLIC INFORMATION RELAT- Law 95–307 (16 U.S.C. 1642(c)(4)). (53) FINANCIAL DISCLOSURES OF EMPLOYEES ING TO MINERALS IN ALASKA.—Section 1011 of (29) IMPLEMENTATION OF ARCHAEOLOGICAL PERFORMING FUNCTIONS UNDER THE FEDERAL Public Law 96–487 (16 U.S.C. 3151). RESOURCES PROTECTION ACT OF 1979.—Section LAND POLICY AND MANAGEMENT ACT OF 1976.— (9) TRANSPORTATION OR UTILITY SYSTEMS 10(a) of Public Law 96–55 (16 U.S.C. 470ii(a)). Section 313(b) of Public Law 94–579 (43 U.S.C. WITHIN CONSERVATION SYSTEM UNITS OR ANY (30) NATIONAL WILDERNESS PRESERVATION 1743(b)). WILDERNESS AREA IN ALASKA.—Section SYSTEM.—Section 7 of Public Law 88–577 (16 (54) THREATENED AREAS ON REGISTRIES OF 1106(b)(2) of Public Law 96–487 (16 U.S.C. U.S.C. 1136). NATIONAL LANDMARKS AND NATIONAL REGISTER 3166(b)(2)). (31) BOUNDARY ADJUSTMENTS, ALASKA UNITS OF HISTORIC PLACES AND AREAS OF NATIONAL (10) WITHDRAWALS OF MORE THAN 5,000 ACRES OF WILD AND SCENIC RIVERS, NATIONAL WILDER- SIGNIFICANCE WITH POTENTIAL FOR INCLUSION OF PUBLIC LANDS IN ALASKA.—Section 1326(a) NESS PRESERVATION, OR NATIONAL FOREST SYS- IN THE NATIONAL PARK SYSTEM.—Section 8 of of Public Law 96–487 (16 U.S.C. 3213(a)). TEMS.—Section 103(b) of Public Law 96–487 (16 Public Law 91–383 (16 U.S.C. 1a–5). (11) MINERAL EXPLORATION, DEVELOPMENT, U.S.C. 3103(b)). (55) RESULTS OF LAND ACQUISITION NEGOTIA- OR EXTRACTION ON PUBLIC LANDS IN ALASKA.— (32) STATUS OF TONGASS NATIONAL FOREST, TIONS WITH KOOTZNOOWOO, INC.—Section Section 1502 of Public Law 96–487 (16 U.S.C. ALASKA.—Section 706(b) of Public Law 96–487 506(a)(9) of Public Law 96–487 (94 Stat. 2406; 3232). (16 U.S.C. 539e(b)). 104 Stat. 469). (12) EFFECT OF EXPORT OF OIL OR GAS FROM (33) BOUNDARIES, CLASSIFICATIONS, AND DE- (56) ACTIVITIES UNDER THE SURFACE MINING OUTER CONTINENTAL SHELF ON RELIANCE ON IM- VELOPMENT PLANS FOR WILD AND SCENIC RIV- CONTROL AND RECLAMATION ACT OF 1977.—Sec- PORTS.—Section 28(c) of the Act of August 7, ERS SYSTEM.—Section 3(b) of Public Law 90– tions 201(f), 517(g), and 705 of Public Law 95– 1953 (chapter 345; 43 U.S.C. 1354(c)). 542 (16 U.S.C. 1274(b)). 87 (30 U.S.C. 1211(f), 1267(g), 1295).

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.020 pfrm02 PsN: H08PT1 H11660 CONGRESSIONAL RECORD — HOUSE November 8, 1999

(57) RECEIPTS, EXPENDITURES, AND WORK OF (79) PROPOSED EXCLUSION OF ANY PRINCIPAL LANDS: IMPLEMENTATION OF PLANS AND USE OF ALL STATE MINING AND MINERAL RESOURCES OR MAJOR USE FOR 2 OR MORE YEARS ON ANY FUNDS FOR GRANT ASSISTANCE IN THE COMPACT RESEARCH INSTITUTES.—Section 4(c) of Public TRACT OF PUBLIC LAND OF 100,000 ACRES OR OF FREE ASSOCIATION.—Section 211(c) of the Law 98–409 (30 U.S.C. 1224(c)). MORE.—Section 202(e)(2) of Public Law 94–579 Compact of Free Association, as set forth in (58) OPERATIONS UNDER THE ABANDONED (43 U.S.C. 1712(e)(2)). section 201 of Public Law 99–239 (48 U.S.C. MINE RECLAMATION FUND.—Section 411 of Pub- (80) DESIGNATION OF ANY TRACT OF PUBLIC 1901 note). lic Law 95–87 (30 U.S.C. 1241). LAND EXCEEDING 2,500 ACRES FOR SALE.—Sec- (102) COMPREHENSIVE FINANCIAL REPORTS OF (59) EFFECTIVENESS OF STATE ANTHRACITE tion 203(c) of Public Law 94–579 (43 U.S.C. THE GOVERNOR OF GUAM.—Section 6 of the Act COAL MINE REGULATORY PROGRAMS.—Section 1713(c)). of August 1, 1950 (48 U.S.C. 1422). 529(b) of Public Law 95–87 (30 U.S.C. 1279(b)). (81) NOTICE OF LAND WITHDRAWALS AGGRE- (103) COMPREHENSIVE FINANCIAL REPORT OF (60) RESEARCH AND DEMONSTRATION GATING 5,000 ACRES OR MORE.—Section 204(c) of THE GOVERNOR OF THE VIRGIN ISLANDS.—Sec- PROJECTS IN ALTERNATIVE COAL MINING TECH- Public Law 94–579 (43 U.S.C. 1714(c)). tion 11 of the Act of July 22, 1954 (48 U.S.C. NOLOGIES.—Section 908(d) of Public Law 95–87 (82) PUBLIC LANDS PROGRAM.—Section 311(a) 1591). (30 U.S.C. 1328(d)). of Public Law 94–579 (43 U.S.C. 1741(a)). (104) COMPREHENSIVE FINANCIAL REPORT OF (61) AIR TRAFFIC ABOVE GRAND CANYON (2 RE- (83) FUTURE FUNDING NEEDS ON BIKINI THE GOVERNOR OF AMERICAN SAMOA.—Section ATOLL.—Any provision in title I of Public 501(a) of Public Law 96–205 (48 U.S.C. 1668(a)). PORTS).—Section 3 of Public Law 100–91 (16 U.S.C. 1a–1 note) and section 134 of Public Law 100–446, under the heading ‘‘TERRITORIAL (105) ACTIVITIES OF THE WOLF TRAP FOUNDA- Law 102–581 (16 U.S.C. 1a–1 note). AND INTERNATIONAL AFFAIRS—COMPACT OF TION FOR THE PERFORMING ARTS.—Section FREE ASSOCIATION’’ (102 Stat. 1798). 5(c)(2) of Public Law 89–671 (16 U.S.C. (62) DEVELOPMENT OF FACILITIES FOR NA- (84) PROPOSED TRANSPORTATION OR STORAGE 284d(c)(2)). TIONAL PARK SYSTEM.—Section 12(a) of Public OF SPENT NUCLEAR FUEL OR HIGH-LEVEL RADIO- (106) ALEUTIAN AND PRIBILOF RESTITUTION Law 91–383 (16 U.S.C. 1a–7(a)). ACTIVE WASTE ON ANY UNITED STATES TERRI- FUND FINANCIAL CONDITION AND OPERATIONS.— (63) STATUS OF COMPLETION OR REVISION OF TORY OR POSSESSION.—Section 605 of Public Section 203 of Public Law 100–383 (50 U.S.C. GENERAL MANAGEMENT PLANS FOR THE NA- Law 96–205 (48 U.S.C. 1491). App. 1989c–2). TIONAL PARK SYSTEM.—Section 12(b) of Public (85) UNITED STATES NONCONTIGUOUS PACIFIC (107) DEEP SEABED REVENUE SHARING TRUST Law 91–383 (16 U.S.C. 1a–7(b)). AREAS POLICY.—Section 302 of Public Law 99– FUND.—Section 403(c)(1) of Public Law 96–283 (64) FEASIBILITY OR DESIRABILITY OF DESIG- 239 (48 U.S.C. 2002). (30 U.S.C. 1472(c)(1)). NATING OTHER TRAILS AS NATIONAL SCENIC OR (86) ACTUAL OPERATIONS UNDER ADOPTED (108) WILD AND FREE ROAMING HORSES AND NATIONAL HISTORIC TRAILS.—Section 5(b) of CRITERIA FOR COORDINATED LONG-RANGE OPER- BURROS ON PUBLIC LANDS.—Section 11 of Pub- Public Law 90–543 (16 U.S.C. 1244(b)). ATION OF COLORADO RIVER RESERVOIRS.—Sec- lic Law 92–195 (16 U.S.C. 1340). (65) DETERMINATION THAT A COMMEMORATIVE tion 602(b) of Public Law 90–537 (43 U.S.C. (109) UNDER SECRETARY OF COMMERCE FOR WORK SHOULD BE LOCATED IN AREA I WASH , - 1552(b)). OCEANS AND ATMOSPHERE SUBMISSION OF RE- INGTON, D.C.—Section 6(a) of Public Law 99– (87) STUDIES ON COLORADO RIVER WATER SULTS OF ENVIRONMENTAL AND MONITORING AC- 652 (40 U.S.C. 1006(a)). QUALITY.—Section 206 of Public Law 93–320 TIVITIES.—Section 1002(j)(4) of Public Law (66) PROPOSED PLAN FOR DESIGNATION OF (43 U.S.C. 1596). 100–688 (33 U.S.C. 1414b(j)(4)). SITE TO DISPLAY COMMEMORATIVE WORK ON A (88) APPROVAL OF PROJECTS UNDER THE (110) REVIEW OF AND RECOMMENDATIONS CON- TEMPORARY BASIS IN THE DISTRICT OF COLUM- SMALL RECLAMATION PROJECTS ACT AND PRO- CERNING THE DEFINITION OF ‘‘UNPROCESSED BIA.—Section 9 of Public Law 99–652 (40 POSALS RECEIVED.—Sections 4(c) and 10 of the TIMBER’’.—Section 495(b) of Public Law 101– U.S.C. 1009). Act of August 6, 1956 (43 U.S.C. 422d(c), 422j). 382 (104 Stat. 725). (67) OIL AND GAS LEASING, EXPLORATION, (89) DEFERMENTS OF PAYMENTS FOR REC- (111) NATIONAL WILDERNESS PRESERVATION AND DEVELOPMENT ACTIVITIES ON NONNORTH LAMATION PROJECTS.—Section 17(b) of the Act SYSTEM.—Section 7 of Public Law 88–577 (16 SLOPE FEDERAL LANDS IN ALASKA.—Section of August 4, 1939 (43 U.S.C. 485b–1(b)). U.S.C. 1136). 1008(b)(4) of Public Law 96–487 (16 U.S.C. (90) PROPOSED CONTRACTS FOR DRAINAGE (112) NOTICE OF INTENTION TO INTERCHANGE 3148(b)(4)). WORKS AND MINOR CONSTRUCTION OVER $200,000 LANDS.—Section 1 of the Act of July 26, 1956 (68) IMPLEMENTATION OF THE FEDERAL OIL ON FEDERAL RECLAMATION PROJECTS.—The (16 U.S.C. 505a). AND GAS ROYALTY MANAGEMENT ACT OF 1982.— Act of June 13, 1956 (43 U.S.C. 505). (113) REPORTS REGARDING CHATTAHOOCHEE Section 302 of Public Law 97–451 (30 U.S.C. (91) BUDGET FOR OPERATIONS FINANCED BY RIVER NATIONAL RECREATION AREA.—Section 1752). THE LOWER COLORADO RIVER BASIN DEVELOP- 104(b) of Public Law 95–344 (16 U.S.C. 460ii– (69) DELINQUENT ROYALTY ACCOUNTS UNDER MENT FUND.—Section 403(i) of Public Law 90– 3(b)). LEASES ON FEDERAL LANDS.—Section 602 of 537 (43 U.S.C. 1543(i)). (114) ANNUAL REPORT OF ADVISORY COUNCIL Public Law 95–372 (30 U.S.C. 237). (92) BUDGET FOR OPERATIONS FINANCED BY ON COAL RESEARCH.—Section 805(c) of Public (70) USE OF MODIFIED OR OTHER BIDDING SYS- THE UPPER COLORADO RIVER BASIN FUND.—Sec- Law 95–87 (30 U.S.C. 1315(c)). TEM, AND TRACTS OFFERED FOR LEASE, UNDER tion 5(g) of the Act of April 11, 1956 (43 U.S.C. (115) REPORTS OF ADVISORY COUNCIL ON HIS- OUTER CONTINENTAL SHELF LANDS ACT.—Sec- 620d(g)). TORIC PRESERVATION.—Section 202(b) of the tion 8(a) of the Act of August 7, 1953 (chapter (93) ANNUAL CONSUMPTIVE USE AND LOSSES National Historic Preservation Act (Public 345; 43 U.S.C. 1337(a)). OF WATER FROM THE COLORADO RIVER SYS- Law 89–665; 16 U.S.C. 470j(b)). (71) PROPOSED OIL AND GAS LEASING PRO- TEM.—Section 601(b) of Public Law 90–537 (43 (116) ANNUAL REPORT OF ALASKA LAND USE GRAMS FOR OUTER CONTINENTAL SHELF U.S.C. 1551(b)). COUNCIL.—Section 1201(g) of the Alaska Na- LANDS.—Section 18(d)(2) of the Act of August (94) FINDINGS AND TECHNICAL DATA ON DAMS tional Interest Lands Conservation Act (16 7, 1953 (chapter 345; 43 U.S.C. 1344(d)(2)). REQUIRING STRUCTURAL MODIFICATION.—Sec- U.S.C. 3181(g)). (72) ENVIRONMENTAL EFFECTS OF ACTIVITIES tion 5 of Public Law 95–578 (43 U.S.C. 509). (117) NATIONAL PLAN FOR RESEARCH IN MIN- UNDER THE OUTER CONTINENTAL SHELF LANDS (95) STATUS OF REVENUES FROM AND COSTS ING AND MINERAL RESOURCES.—Section 9(e) of ACT.—Section 20(e) of the Act of August 7, RELATED TO THE COLORADO RIVER STORAGE Public Law 98–409 (30 U.S.C. 1229(e)). 1953 (chapter 345; 43 U.S.C. 1346(e)). PROJECT.—Section 6 of the Act of April 11, (118) PREPARATION OF LEVEL B PLANS.—Sec- (73) FINANCIAL DISCLOSURES OF EMPLOYEES 1956 (43 U.S.C. 620e). tion 209 of the Federal Water Pollution Con- PERFORMING FUNCTIONS UNDER THE OUTER (96) AUDIT OF THE FINANCIAL REPORT SUB- trol Act (33 U.S.C. 1289). CONTINENTAL SHELF LANDS ACT OR THE OUTER MITTED BY GOVERNOR OF GUAM.—Section 6 of (119) REPORTS ON NATIONAL ESTUARY PRO- CONTINENTAL SHELF LANDS ACT AMENDMENTS Public Law 90–601 (48 U.S.C. 1428d). GRAM RESEARCH.—Section 320(j)(2) of the Fed- OF 1978.—Section 605(b)(2) of Public Law 95– (97) ACTIVITIES, VIEWS, AND RECOMMENDA- eral Water Pollution Control Act (33 U.S.C. 372 (43 U.S.C. 1864(b)(2)). TIONS OF NATIONAL INDIAN GAMING COMMIS- 1350(j)(2)). (74) ESTIMATED RESERVES OF OIL AND GAS IN SION.—Section 7(c) of Public Law 100–497 (25 (120) ANNUAL REPORT OF MARINE MAMMAL OUTER CONTINENTAL SHELF.—Section 606 of U.S.C. 2706(c)). COMMISSION.—Section 204 of the Marine Public Law 95–372 (43 U.S.C. 1865). (98) FULL AND COMPREHENSIVE REPORT ON Mammal Protection Act of 1972 (Public Law (75) EXPENDITURES OF FUNDS RECOVERED THE DEVELOPMENT OF SOUTHERN END OF ELLIS 92–522; 16 U.S.C. 1404). WITH RESPECT TO DAMAGE TO NATIONAL PARK ISLAND.—The proviso in title I of Public Law (121) ANNUAL REPORT OF WETLANDS CON- RESOURCES.—Section 4(d) of Public Law 101– 101–512 that relates to Ellis Island (104 Stat SERVATION PROJECTS.—Section 5(f) of the 337 (16 U.S.C. 19jj–3). 1923). North American Wetlands Conservation Act (76) STATUS OF NATIONWIDE GEOLOGICAL (99) COST OF DETAILED PERSONNEL AND (Public Law 101–233; 16 U.S.C. 4404). MAPPING PROGRAM.—Section 8 of Public Law EQUIPMENT FROM OTHER AGENCIES.—Section (122) ANNUAL REPORT OF MIGRATORY BIRD 102–285 (43 U.S.C. 31g). 1(2) of the Act of March 3, 1885 (16 U.S.C. CONSERVATION COMMISSION.—Section 3 of the (77) MODIFICATION OR AMENDMENT OF LAND 743a(c)). Migratory Bird Conservation Act (16 U.S.C. EXCHANGE AGREEMENT BETWEEN THE UNITED (100) AUDIT OF FINANCIAL REPORT, COMMON- 715b). STATES AND THE GOLDBELT AND SEALASKA WEALTH OF THE NORTHERN MARIANA ISLANDS.— (123) REPORTS REGARDING LAND CONVEY- CORPORATIONS.—Section 506(b) of Public Law Section 5 of Public Law 92–257 (48 U.S.C. ANCE, PRINCE GEORGE’S COUNTY, MARYLAND.— 96–487 (94 Stat. 2409). 1692), as such section relates to the Common- Public Law 99–215 (99 Stat. 1724). (78) SUBSISTENCE MANAGEMENT AND USE OF wealth of the Northern Mariana Islands. (124) ANNUAL REPORT OF PACIFIC NORTHWEST PUBLIC LANDS IN ALASKA.—Section 813 of Pub- (101) GOVERNMENTS OF THE FEDERATED ELECTRIC POWER AND CONSERVATION PLANNING lic Law 96–487 (16 U.S.C. 3123). STATES OF MICRONESIA AND THE MARSHALL IS- COUNCIL.—Section 4(h)(12)(A) of the Pacific

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.008 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11661

Northwest Electric Power Planning and Con- ties), by striking subsection (d) and inserting (22) COLORADO RIVER FLOODWAY.—Section 8 servation Act (16 U.S.C. 839b(h)(12)(A)). the following new subsection: of the Colorado River Floodway Protection (125) AUDIT OF TRANS-ALASKA PIPELINE SYS- ‘‘(d) The aggregate amount of funds made Act (Public Law 99–450; 100 Stat. 1134; 43 TEM.—Subsections (b)(1) and (b)(5) of section available by the Secretary to the Commis- U.S.C. 1600f) is repealed. 8103 of Public Law 101–380 (104 Stat. 568; 43 sion from funds appropriated under sub- (23) GROUNDWATER RECHARGE OF U.S.C. 1651 note). section (a)(2) may not exceed the amount ex- AQUIFERS.—Section 4(c) of the High Plains (126) ANNUAL REPORT OF NATIONAL FISH AND pended by the Commonwealth of Massachu- States Groundwater Demonstration Program WILDLIFE FOUNDATION.—Section 7(b) of the setts, the city of Lowell, and any nonprofit Act of 1983 (Public Law 98–434; 43 U.S.C. 390g– National Fish and Wildlife Foundation Es- entity for activities in the city of Lowell 2(c)) is amended by striking paragraph (2) tablishment Act (16 U.S.C. 3706(b)). consistent with the purpose of this Act since and redesignating paragraphs (3), (4), and (5) (127) ANNUAL REPORT OF NATIONAL PARK January 1, 1974.’’; as paragraphs (2), (3), and (4), respectively. FOUNDATION.—Section 10 of Public Law 90–209 (C) in section 201(b) (16 U.S.C. 410cc–21(b); (24) CONDITIONS ON CONSTRUCTION OF (16 U.S.C. 19n). relating to a park management plan for the LONGTREE DAM AND RESERVOIR.—Section (128) ANNUAL FINANCIAL REPORTS REGARDING Lowell National Historical Park and revi- 8(a)(2)(C) of Public Law 89–108, as added by MARSHALL ISLANDS, MICRONESIA, PALAU, AND sions thereto)— section 6 of Public Law 99–294 (100 Stat. 423), NORTHERN MARIANA ISLANDS.—Section 5 of (i) in paragraph (1) by striking ‘‘and sub- is amended by striking ‘‘Secretaries’’ and all Public Law 92–257 (48 U.S.C. 1692). mit to the Congress’’; and that follows through ‘‘above’’ and inserting (b) REPEAL OF CERTAIN TERMINATED RE- (ii) in paragraph (ii) by striking the last ‘‘Secretary of State has submitted the deter- PORTING REQUIREMENTS.— sentence; and mination required by subparagraph (B)’’. (1) AUDIT AND REPORT REGARDING GLEN CAN- (D) in section 303 (16 U.S.C. 410cc–33) by (25) REGULATION OF DWORSHAK DAM.—Sec- YON DAM.—Section 1804(b)(2) of Public Law striking subsection (e) (relating to loans, tion 415(a) of the Water Resources Develop- 102–575 (106 Stat. 4670) is amended by striking grants and technical assistance in support of ment Act of 1990 (Public Law 101–640; 104 ‘‘and the Congress’’. the Lowell National Historical Park). Stat. 4651) is amended by striking ‘‘, the (2) AUDIT OF CENTRAL UTAH PROJECT COST (10) DESIGNATION OF LANDS IN NEBRASKA AS Commissioner of the Bureau of Reclama- ALLOCATIONS.—Section 211 of Public Law 102– A NATIONAL RECREATION AREA AND NATIONAL tion’’. 575 (106 Stat. 4624) is amended in the first PARK.—Public Law 102–50 (105 Stat. 257) is (26) BOSTON HARBOR ISLANDS STUDY.—Sec- sentence by striking ‘‘and to the Congress’’. amended— tion 501 of Public Law 102–525 (106 Stat. 3442; (3) DELAWARE WATER GAP NATIONAL RECRE- (A) in section 7, by striking subsection (b); 16 U.S.C. 1a–5 note) is repealed. ATION AREA CITIZEN ADVISORY FINDINGS AND and (27) INDIAN SELF-DETERMINATION AND EDU- CONCLUSIONS.—Section 4 of Public Law 100– (B) in section 8, by striking subsection (e). CATION ASSISTANCE.—Section 106 of the In- 573 (16 U.S.C. 640o note; 102 Stat. 2891) is (11) PUBLIC AWARENESS PROGRAM IN CERTAIN dian Self-Determination and Education As- amended by striking ‘‘and to each House of WEST VIRGINIA COUNTIES.—Section 403 of Pub- sistance Act (25 U.S.C. 450j–1) is amended by the Congress’’. lic Law 100–534 (102 Stat. 2707; 16 U.S.C. 1274 striking subsection (c) and redesignating the (4) PROPOSED SETTLEMENT AGREEMENT RE- note) is amended by striking ‘‘By December last sentence of subsection (b) as subsection GARDING WESTLANDS WATER DISTRICT V. 31, 1992,’’ and all that follows through the (c). UNITED STATES, ET AL.—Section 122 of Public end of that sentence. (28) INDIAN HEALTH FACILITIES.—Section Law 99–190 (99 Stat. 1320) is amended by (12) LAND EXCHANGE AT CAPE COD NATIONAL 301(c) of the Indian Health Care Improve- striking ‘‘until:’’ and all that follows SEASHORE.—Section 2(c) of Public Law 87–126 ment Act (25 U.S.C. 1631(c)) is amended by through the end of the section and inserting (16 U.S.C. 459b–1(c)) is amended by striking striking paragraphs (1), (2), and (3) and by ‘‘until April 15, 1986.’’. the last sentence. striking ‘‘(4)’’. (5) LOANS, GRANTS, ASSISTANCE PROVIDED (13) GAULEY RIVER NATIONAL RECREATION (29) INDIAN WATER AND WASTE DISPOSAL FA- UNDER THE SOUTHWESTERN PENNSYLVANIA AREA BOUNDARY MODIFICATIONS.—Section 201 CILITIES.—Section 302 of the Indian Health HERITAGE PRESERVATION COMMISSION ACT.— of Public Law 100–534 (16 U.S.C. 460ww) is Care Improvement Act (25 U.S.C. 1632) is Section 104(b) of Public Law 100–698 (102 Stat. amended by striking subsection (c). amended by striking subsection (g). 4621; 16 U.S.C. 461 note) is amended by strik- (14) PROPOSED PURCHASE OR CONDEMNATION (30) TRIBAL MANAGEMENT OF HEALTH SERV- ing all after the first sentence. OF PROPERTY DESIGNATED FOR INCLUSION IN ICES.—Section 818(d)(2) of the Indian Health (6) PETROGLYPH NATIONAL MONUMENT; ROCK THE SLEEPING BEAR DUNES NATIONAL LAKE- Care Improvement Act (25 U.S.C. 1680h(d)(2)) ART REPORT.—Public Law 101–313 (16 U.S.C. SHORE, MICHIGAN.—Section 12(e) of Public is amended by striking ‘‘and shall submit’’ 431 note) is amended— Law 91–479 (16 U.S.C. 460x–11(e)) is amended and all that follows through ‘‘projects’’. (A) in section 108— in paragraph (4) by striking ‘‘The Secretary (31) INDIAN MENTAL HEALTH SERVICES.—Sec- (i) in subsection (a) (104 Stat. 275; relating must notify the Committee’’ and all that fol- tion 209(j) of the Indian Health Care Im- to a general management plan for lows through the end of that sentence. provement Act (25 U.S.C. 1621h(j)) is Petroglyph National Monument) by striking (15) BOUNDARY CHANGES AT THE ICE AGE NA- amended— ‘‘and transmit’’ and all that follows through TIONAL SCIENTIFIC RESERVE, WISCONSIN.—Sec- (A) in the subsection heading, by striking ‘‘Representatives,’’; and tion 2(c) of Public Law 88–655 (16 U.S.C. ‘‘ANNUAL REPORT’’ and inserting ‘‘METHODS (ii) in subsection (c) (104 Stat. 276; relating 469e(c)) is amended by striking ‘‘notice to TO EVALUATE STATUS OF PROGRAMS AND to a report regarding rock art) by striking the President of the Senate and the Speaker SERVICES; and ‘‘The Secretary shall provide’’ and all that of the House of Representatives and’’. (B) by striking ‘‘and shall submit’’ and all follows through the end of the subsection; (16) WEST RIVER RURAL WATER SYSTEM AND that follows through ‘‘communities’’. and LYMAN-JONES RURAL WATERTEM ENGINEERING (32) INDIAN HEALTH CARE DELIVERY DEM- (B) in section 111 (104 Stat. 278) by striking REPORT.—Section 4(e)(2) of Public Law 100– ONSTRATION.—Section 307 of the Indian all after the first sentence (relating to a re- 516 (102 Stat. 2569) is amended by striking Health Care Improvement Act (25 U.S.C. port on the status of a Petroglyph National ‘‘and submitted’’ and all that follows 1637) is amended by striking subsection (h). Monument expansion agreement). through the end of the sentence and insert- (33) CONTRACTOR FACILITIES ASSESSMENT.— (7) GENERAL MANAGEMENT PLAN FOR THE ing a period. Section 506 of Public 101–630 (104 Stat. 4566; 25 PECOS NATIONAL HISTORIC PARK.—Section 205 (17) EVALUATION OF DESIRABILITY TO AC- U.S.C. 1653 note) is amended by striking sub- of Public Law 101–313 (16 U.S.C. 410rr–4; 104 QUIRE CERTAIN LANDS IN NEVADA.—Section sections (a) and (b). Stat. 279) is amended by striking ‘‘and trans- 6(c)(2) of Public Law 101–67 (103 Stat. 173) is (34) HEALTH STATUS OF URBAN INDIANS.— mit’’ and all that follows through ‘‘Rep- amended in the last sentence by striking Section 507 of the Indian Health Care Im- resentatives,’’. ‘‘Committee on Interior’’ and all that follows provement Act (25 U.S.C. 1657) is amended by (8) WEIR FARM NATIONAL HISTORIC SITE, CON- through ‘‘Senate, and’’. striking subsection (d). NECTICUT, GENERAL MANAGEMENT PLAN.—Sec- (18) CLAIMS SUBMITTED RESULTING FROM (35) INDIAN HEALTH SERVICE LOAN REPAY- tion 6(d) of Public Law 101–485 (104 Stat. 1172; TETON DAM FAILURE.—Section 8 of Public MENT PROGRAM.—Section 108 of the Indian 16 U.S.C. 461 note) is amended by striking Law 94–400 (90 Stat. 1213) is repealed. Health Care Improvement Act (25 U.S.C. ‘‘submit to the Committee’’ and all that fol- (19) WESTLANDS WATER DISTRICT CONTRACT 1616a) is amended by striking subsection (n). lows through ‘‘Senate’’ and inserting ‘‘pre- MODIFICATION.—Section 3 of Public Law 95–46 (36) HOSPICE CARE FEASIBILITY FOR INDI- pare’’. (91 Stat. 227) is amended by striking the last ANS.—Section 205 of the Indian Health Care (9) REPORTS RELATING TO LOWELL NATIONAL sentence. Improvement Act (25 U.S.C. 1621d) is HISTORIC PARK OR THE LOWELL PRESERVATION (20) RELATION OF WATER PROJECTS TO CALI- amended— DISTRICT.—Public Law 95–290 is amended— FORNIA ESTUARIES.—Section 4 of Public Law (A) by striking subsection (c); and (A) in section 101(b) (16 U.S.C. 410cc–11(b); 96–375 (94 Stat. 1506) is amended by striking (B) by redesignating subsection (d) as sub- relating to revisions of boundaries of the the second sentence. section (c). Lowell National Historic Park or the Lowell (21) ALTERNATIVE USE OF WATER RESOURCE (37) MANAGED CARE FEASIBILITY STUDY FOR Preservation District) by striking the last FACILITIES.—Section 3 of Public Law 97–273, INDIANS.—Section 210 of the Indian Health sentence; as amended by section 12(b) of Public Law Care Improvement Act (25 U.S.C. 1621i) is (B) in section 103 (16 U.S.C. 410cc–13; relat- 100–516 (102 Stat. 2572), is amended by strik- amended— ing to amounts expended by Massachusetts, ing ‘‘, and to report’’ and all that follows (A) by striking ‘‘(a)’’; and the City of Lowell, and other nonprofit enti- through ‘‘recommendations’’. (B) by striking subsection (b).

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.008 pfrm02 PsN: H08PT1 H11662 CONGRESSIONAL RECORD — HOUSE November 8, 1999 (38) CONTRACT HEALTH SERVICES FOR INDI- (50) PLAN FOR USE OF JUDGMENTS TO INDIAN The Chair recognizes the gentleman ANS.—Section 219 of the Indian Health Care TRIBES.— from California (Mr. DOOLITTLE). Improvement Act (25 U.S.C. 1621r) is amend- (A) IN GENERAL.—Section 2(a) of Public Mr. DOOLITTLE. Madam Speaker, I ed by striking subsection (c). Law 93–134 (25 U.S.C. 1402(a)) is amended by yield myself such time as I may con- (39) IMPLEMENTATION OF INDIAN HEALTH striking ‘‘and submit to Congress’’. sume. CARE IMPROVEMENT ACT.—Section 801 of the (B) SUPPORTING DOCUMENTS.—Section 4 of Indian Health Care Improvement Act (25 Public Law 93–134 (25 U.S.C. 1404) is repealed. Madam Speaker, H.R. 3002 will pro- U.S.C. 1671) is amended— (C) EFFECTIVE DATE OF PLAN.—Section 5 of vide for the continued preparation of (A) by inserting ‘‘(a)’’ before ‘‘The Presi- Public Law 93–134 (25 U.S.C. 1405) is certain useful reports concerning pub- dent’’; amended— lic lands, Native Americans, fisheries, (B) by striking the period at the end of (i) in subsection (a)— wildlife, insular areas and other nat- paragraph (3) and inserting a semicolon; (I) by striking (a); and ural resources-related matters. (C) by inserting ‘‘and’’ at the end of para- (II) by striking ‘‘, at the end’’ and all that Section 3003 of the Federal Reports follows through the end of the subsection graph (4); Elimination and Sunset Act of 1997 ter- (D) by striking the semicolon at the end of and inserting ‘‘upon submission of the plan paragraph (5) and inserting a period; to the affected tribes or groups.’’; and minates all reports to Congress con- (E) by striking paragraphs (6), (7), (8), and (ii) by striking subsections (b), (c), (d), and tained in House Document 103–7 as of (9); and (e). December 21, 1999. This document lists (F) by adding at the end the following new (51) ADJUSTMENTS OR ELIMINATIONS OF REIM- statutorily required reports to Con- subsection: BURSABLE DEBTS OF INDIANS OR INDIAN gress from various executive branch TRIBES.—The Act of July 1, 1932 (25 U.S.C. ‘‘(b) Effective January 1, 2000, the annual agencies. 386a; 47 Stat. 564) is amended by striking the report referred to in subsection (a) shall no second and third provisos therein. The philosophy of the Federal Re- longer be required. Any requirement still in (52) ACCEPTANCE OF GIFTS FOR THE BENEFIT ports Elimination and Sunset Act is to effect after that date regarding the submis- OF INDIANS.—The Act of February 14, 1931 (25 ‘‘alleviate the paperwork burden on ex- sion to the President of information for in- U.S.C. 451; 46 Stat. 1106) is amended by strik- ecutive branch agencies.’’ Certainly clusion in a report under subsection (a) shall ing ‘‘An annual report’’ and all that follows the reduction of unnecessary paper- be deemed to require the submission of the through ‘‘data.’’. information directly to Congress.’’. work is a worthy goal. However, some (53) PROPOSED LEGISLATION TO RESOLVE CER- (40) TRIBAL SELF-GOVERNANCE PROJECTS.— consideration must be given as to why TAIN INDIAN CLAIMS.—The Indian Claims Lim- Section 305 of the Indian Self-Determination itation Act of 1982 (Public Law 97–394; 28 a statute mandates a certain report and Education Assistance Act (25 U.S.C. 450f U.S.C. 2415 note) is amended by striking sec- and as to how this information is used note) is amended by striking ‘‘Secretaries’’ tion 6. by the Congress and the public. In the both places it appears and inserting ‘‘Sec- (54) INDIAN RESERVATION ROADS STUDY.— case of the Committee on Resources, retary of Health and Human Services’’. Section 1042 of Public Law 102–240 (Public this information greatly aids our over- (41) COQUILLE INDIAN TRIBE ECONOMIC DE- Law 102–240; 23 U.S.C. 202 note) is amended— sight activities and the development of VELOPMENT PLAN.—Section 4(a) of Public (A) by striking ‘‘(a) STUDY—’’; and Law 101–42 (25 U.S.C. 715b(a)) is amended— legislation. The reports also provide (B) by striking subsection (b). the public with valuable insight as to (A) in paragraph (1), by adding ‘‘and’’ at (55) AMERICAN SAMOA WATER AND POWER the end; STUDY.—Section 301 of Public Law 102–247 how Federal tax dollars are being (B) in paragraph (2), by striking ‘‘; and’’ (106 Stat. 38) is amended— spent. and inserting a period; and (A) by striking ‘‘(a)’’; and Without action by Congress, many (C) by striking paragraph (3). (B) by striking subsection (b). critical reports will be lost before the (42) PONCA TRIBE OF NEBRASKA ECONOMIC DE- (56) SUCCESS OR FAILURE OF THE GOVERNORS end of the year, requiring extensive VELOPMENT PLAN.—Section 10(a)(3) of Public OF GUAM AND THE VIRGIN ISLANDS IN MEETING amendments to underlying statutory Law 101–484 (104 Stat. 1169) is amended— GOALS AND TIMETABLES TO ELIMINATE GEN- authorities to reinstate the reports. (A) in paragraph (1), by adding ‘‘and’’ at ERAL FUND DEFICITS BY 1987.—Section 607(c) of the end; Public Law 96–597 (48 U.S.C. 1641 note) is re- H.R. 3002 will restore 128 reports, in- (B) in paragraph (2), by striking ‘‘; and’’ pealed. cluding implementation costs of the and inserting a period; and (57) RECOMMENDATION FOR DESIGNATING AS Endangered Species Act, notices of (C) by striking paragraph (3). WILDERNESS CERTAIN PUBLIC LANDS PRE- withdrawals of public lands, rehabilita- (43) INDIAN CHILD PROTECTION.—Section 412 VIOUSLY IDENTIFIED.—Section 603(b) of Public tion needs for National Forest System of Public Law 101–630 (25 U.S.C. 3211) is re- Law 94–579 (43 U.S.C. 1782(b)) is amended— lands, threatened areas on the National pealed. (A) by striking the first and second sen- Register of Historic Places, manage- (44) NATIVE AMERICAN CULTURAL CENTER tences; and ment plans for National Parks, pro- FEASIBILITY STUDY.—Section 2 of Public Law (B) by inserting ‘‘of an area referred to in 102–196 (20 U.S.C. 80q–13 note) is repealed. subsection (a)’’ after ‘‘for designation’’. posed oil and gas leasing programs on (45) NOTIFICATION OF CONSOLIDATION OF BIA (c) ANNUAL FINANCIAL REPORT BY CHIEF EX- the Outer Continental Shelf, proposals SCHOOLS.—Section 1121(h)(3) of the Education ECUTIVE OF THE GOVERNMENT OF THE NORTH- for projects under the Small Reclama- Amendments of 1978 (25 U.S.C. 2001(h)(3)) is ERN MARIANA ISLANDS.—Section 5 of Public tion Projects Act, and audits of finan- amended by striking ‘‘transmitted promptly Law 92–257 (48 U.S.C. 1692) is amended to read cial assistance provided to the insular to the Congress and’’. as follows: areas of the United States. ‘‘SEC. 5. The chief executive of the Govern- (46) PLAN FOR ENLARGEMENT OF A CERTAIN The bill also makes technical INDIAN RESERVATION.—Section 7(c) of Public ment of the Northern Mariana Islands shall Law 96–227 (25 U.S.C. 766(c)) is amended by prepare, publish, and submit to the Congress changes to some underlying laws which striking the last sentence therein. and the Secretary of the Interior a com- authorize repealed or sunsetted re- (47) KLAMATH TRIBE OF INDIANS ECONOMIC prehensive annual financial report in con- ports. Time constraints preclude addi- SELF-SUFFICIENCY PLAN.—Section 8 of Public formance with the standards of the National tional mop-up work in this area, but Law 99–398 (25 U.S.C. 566f) is amended— Council on Governmental Accounting, with- the committee intends to work on in 120 days after the close of the fiscal year. (A) in subsection (a)— technical amendments in another vehi- (i) by striking paragraph (2); The report shall include statistical data as set forth in those standards relating to the cle soon. (ii) by striking ‘‘(A)’’; and These reports are needed for effective (iii) by striking ‘‘(B)’’ and inserting ‘‘(2)’’; physical, economic, social and political char- acteristics of the government, and any other and congressional oversight and to allow information required by the Congress. The (B) by striking subsection (d). the public to see how their taxpayer chief executive shall also make any other re- (48) OGLALA SIOUX RURAL WATER SUPPLY EN- dollars are being spent. ports at other times as may be required GINEERING REPORT.—Section 3(f) of Public I urge support for this bill. under applicable Federal laws. This section Law 100–516 (102 Stat. 2568) is amended— is not subject to termination under section Madam Speaker, I reserve the bal- (A) by striking ‘‘until—’’ and all that fol- 502(a)(3) of the Covenant to Establish a Com- ance of my time. lows through ‘‘requirements’’ and inserting monwealth of the Northern Mariana Islands Mr. DOOLEY of California. Madam ‘‘until the requirements’’; in Political Union with the United States of Speaker, I yield myself such time as I (B) by striking ‘‘; and’’ and inserting a pe- America (90 Stat. 263, 268).’’. may consume. riod; and (Mr. DOOLEY of California asked and (C) by striking paragraph (2). The SPEAKER pro tempore. Pursu- (49) COMPLIANCE WITH HEALTH AND SAFETY ant to the rule, the gentleman from was given permission to revise and ex- STANDARDS IN INDIAN SCHOOLS.—Section California (Mr. DOOLITTLE) and the tend his remarks.) 1125(b) of the Education Amendments of 1978 gentleman from California (Mr. Mr. DOOLEY of California. Madam (25 U.S.C. 2005(b)) is repealed. DOOLEY) each will control 20 minutes. Speaker, we have no objection to this

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.008 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11663 legislation. The bill would extend the deliver water inside the Federal San Luis San Luis Unit facilities for water existing requirements that the admin- unit service area unless— transfers in the Central Valley. The istration report to Congress on certain ‘‘(1) such delivery is managed so as to en- gentleman from California (Mr. sure that— subjects of interest to the Committee DOOLEY) is the author of this legisla- ‘‘(A) agricultural drainage discharges aris- on Resources. These reports would oth- ing from use of the delivered water— tion, and in just a moment I am sure erwise terminate in December 1999 ‘‘(i) comply with any waste discharge re- will add his explanation. under the Federal Reports Elimination quirements issued for such discharges; or This morning we received a letter and Sunset Act of 1995. ‘‘(ii) if there are no such waste discharge from Governor Grey Davis of California H.R. 3002 was not subject to a com- requirements, do not cause water quality in support of H.R. 3077. mittee hearing. However, since the conditions in the San Joaquin River and the Madam Speaker, I reserve the bal- committee markup, the CBO has con- Sacramento-San Joaquin Delta and San ance of my time. cluded that the cost of extending the Francisco Bay to be degraded or otherwise Mr. DOOLEY of California. Madam adversely affected; and 128 separate reporting requirements Speaker, I yield myself such time as I ‘‘(B) use of the delivered water for irriga- may consume. would be about $1 million annually, tion does not frustrate or interfere with ef- subject to appropriated funds. And nei- (Mr. DOOLEY of California asked and forts by the United States and the State of was given permission to revise and ex- ther OMB nor the affected department California to manage agricultural subsurface tend his remarks.) or agencies have raised specific con- drainage discharges from the San Luis unit; and Mr. DOOLEY of California. Madam cerns about this legislation. Speaker, California’s San Joaquin Val- Accordingly, since the administra- ‘‘(2) such delivery is consistent with those ley is one of the most productive agri- tion has not objected to this bill and provisions of operating agreements between the Secretary and the Department of Water cultural areas in the world. The lands because it does not appear to be ex- Resources of the State of California that are that receive water from the San Luis ceedingly burdensome or expensive, we consistent with this Act.’’. Unit of the Central Valley Project are support its passage in the House. (c) AMENDMENT OF EXISTING AGREEMENTS.— especially productive. Farmers here Madam Speaker, I yield back the bal- The Secretary of the Interior— are highly dependent on reliable deliv- (1) shall seek to amend each agreement en- ance of my time. eries of surface water in order to sus- Mr. DOOLITTLE. Madam Speaker, I tered into by the United States and the tain crop production in the valley. yield back the balance of my time. State of California under section 2 of Public Law 86–488 before the date of the enactment But even in the best years, water sup- The SPEAKER pro tempore. The plies from the Central Valley Project question is on the motion offered by of this Act, as necessary to delete from such agreement restrictions on use of additional are often limited. Many farmers in the gentleman from California (Mr. capacity for water service for land in the California now improve the reliability DOOLITTLE) that the House suspend the Federal San Luis unit service area that are of their water supplies by working out rules and pass the bill, H.R. 3002. not consistent with the amendments made water transfer arrangements with The question was taken; and (two- by this Act; and other water users so that the limited thirds having voted in favor thereof) (2) pending such amendment, shall not en- supplies can be moved around and used force any such restriction. the rules were suspended and the bill more efficiently. But farmers in the was passed. The SPEAKER pro tempore. Pursu- San Luis Unit cannot freely participate A motion to reconsider was laid on ant to the rule, the gentleman from in these transfers because the San Luis the table. California (Mr. DOOLITTLE) and the Act of 1960 prohibits the State of Cali- f gentleman from California (Mr. fornia from providing water service to DOOLEY) each will control 20 minutes. FACILITATING WATER TRANSFERS the San Luis Unit. I believe this re- The Chair recognizes the gentleman IN THE CENTRAL VALLEY striction makes it unnecessarily dif- from California (Mr. DOOLITTLE). PROJECT ficult for San Luis Unit farmers to Mr. DOOLITTLE. Madam Speaker, I take advantage of water supplies that Mr. DOOLITTLE. Madam Speaker, I yield myself such time as I may con- might otherwise be available to them. I move to suspend the rules and pass the sume. also believe this restriction in Federal bill (H.R. 3077) to amend the Act that Madam Speaker, Federal agricultural law is outdated and inappropriate. H.R. authorized construction of the San contractors in the Central Valley 3077, as amended, will address these Luis Unit of the Central Valley Project of California who rely on ex- problems by eliminating the restric- Project, California, to facilitate water ported water supplies from the Sac- tion on delivery of water from the transfers in the Central Valley Project, ramento-San Joaquin River Delta have State of California to lands within the as amended. seen substantial reductions in their The Clerk read as follows: Federal San Luis service area. Federal water supplies over the last This is significant legislation affect- H.R. 3077 several years, even though these last ing water management in California. Be it enacted by the Senate and House of Rep- few years have been ‘‘wet’’ years. This Its effect will be to allow the delivery resentatives of the United States of America in reduction has been increased because of of water from California’s State Water Congress assembled, the accumulated impacts of implemen- Project to lands within the San Luis SECTION 1. ELIMINATION OF RESTRICTIONS ON tation of the Endangered Species Act, Unit. The State of California operates USE OF SAN LUIS UNIT FACILITIES the Central Valley Project Improve- FOR WATER TRANSFERS IN THE the State Water Project, and Governor CENTRAL VALLEY PROJECT. ment Act, and the Bay Delta Accord. Davis, as the gentleman from Cali- This reduction in CVP export supply (a) ELIMINATION OF STATUTORY RESTRIC- fornia (Mr. DOOLITTLE) cited earlier, TIONS.—Public Law 86–488 (74 Stat. 156) is reliability has increased the desire of has advised me and others that he sup- amended— many water managers to pursue water ports enactment of H.R. 3077, as (1) in section 2 by striking ‘‘and the use of transfers. Additionally, numerous amended. the additional capacity for water service State laws and Federal laws have been shall be limited to service outside of the Madam Speaker, I include the Gov- enacted in an attempt to facilitate ernor’s letter of November 5, 1999 at Federal San Luis unit service area’’; and water transfers to assist agricultural (2) in section 3 by adding ‘‘and’’ after the this point in the RECORD. and urban water users in maintaining semicolon at the end of paragraph (h), by GOVERNOR GRAY DAVIS, striking the semicolon at the end of para- reliable water supplies. Sacramento, CA, November 5, 1999. graph (i) and inserting a period, and by strik- The San Luis Act of 1960 prohibits Hon. CAL DOOLEY, ing paragraph (j). the State of California from providing House of Representatives, (b) REQUIREMENTS FOR DELIVERY INSIDE water service to the San Luis Unit of Washington, DC. FEDERAL SERVICE AREA.—Such Act is further the Central Valley Project. The com- DEAR REPRESENTATIVE DOOLEY: I am writ- amended— mittee believes this prohibition is in- ing to advise you of my support for H.R. 3077, (1) in section 2 by inserting ‘‘(subject to consistent with current Federal and which you recently introduced along with section 9)’’ after ‘‘a perpetual right to the Representatives Gary Condit, George Radan- use of such additional capacity’’; and State policies which encourage and fa- ovich and Bill Thomas. (2) by adding at the end the following: cilitate water transfers. As you know, H.R. 3077 would authorize ‘‘SEC. 9. The State of California may not, H.R. 3077 amends the Act of 1960 by water users in the San Luis Unit of the Cen- under section 2, use additional capacity to eliminating the restrictions on use of tral Valley Project (CVP) to purchase water

VerDate 29-OCT-99 03:56 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.021 pfrm02 PsN: H08PT1 H11664 CONGRESSIONAL RECORD — HOUSE November 8, 1999 supplies from the State Water Project California who must farm under an the State of California by facilitating (SWP). The bill amends the San Luis Act of outdated legal restriction that pre- water transfers at the San Luis Unit. 1960, which prohibits water transfers between vents them from supplementing their Currently, the San Luis Act prohibits the SWP and users in the San Luis Unit of the CVP. water supplies. H.R. 3077, as amended, the State from allowing water to go Given the likelihood of water shortfalls in will correct this inequity and will en- through the San Luis Unit of the Cen- the future, I believe that voluntary transfers courage responsible water use and co- tral Valley Project. This will be cor- will become an increasingly important water operation among California water rected under H.R. 3077 and some of the management tool to address future supply users. tremendous strains on water supplies needs. Your legislation is consistent with I urge my colleagues to support the in the State will be alleviated. current state and federal policies aimed at encouraging voluntary water transfers and enactment of H.R. 3077, as amended. Again, I support this bill and urge its will likely play a key role in facilitating Madam Speaker, I reserve the bal- passage. such transfers. In addition, in furtherance of ance of my time. Mr. DOOLEY of California. Madam state and federal policies to encourage water b 1500 Speaker, I yield back the balance of transfers, it is appropriate to remove bar- my time. riers that might otherwise restrict transfers Mr. DOOLITTLE. Madam Speaker, I Mr. DOOLITTLE. Madam Speaker, I between the two projects. yield 3 minutes to the gentleman from I also support Representative George Mil- urge an ‘‘aye’’ vote and I yield back the California (Mr. RADANOVICH), a cospon- balance of my time. ler’s recent amendment to H.R. 3077 that sor of this legislation. conditions the transfer of water between the The SPEAKER pro tempore (Mrs. Mr. RADANOVICH. Madam Speaker, SWP and the San Luis Unit on measures to BIGGERT). The question is on the mo- prevent irrigation drainage problems or deg- I thank the gentleman from California tion offered by the gentleman from for yielding me this time. radation of water quality. I am pleased that California (Mr. DOOLITTLE) that the you and your colleagues on the House Re- As a cosponsor of H.R. 3077, I want to House suspend the rules and pass the sources Committee were able to reach agree- express my support for this bill on the bill, H.R. 3077, as amended. ment on this language during the recent floor. As we all know, water is a pre- markup session. The question was taken; and (two- As the legislation moves through the cious commodity in the State of Cali- thirds having voted in favor thereof) House in the closing days of this year’s ses- fornia and particularly in the great the rules were suspended and the bill, sion, please let me know if I can be of assist- Central Valley. I have seen the extra as amended, was passed. ance. mile that water users in this area have A motion to reconsider was laid on Sincerely, taken to conserve water. This is not the table. GRAY DAVIS. enough, however, because their water f An important issue raised by any supply reliability has been signifi- proposal to provide additional supplies cantly reduced and no certainty in sup- GENERAL LEAVE of irrigation water to the San Luis ply is on the horizon for California ag- Mr. DOOLITTLE. Madam Speaker, I Unit is subsurface drainage. Discharges riculture and urban water users. ask unanimous consent that all Mem- of subsurface agriculture drainage from The Central Valley has a long agri- the San Luis Unit contributed to the bers may have 5 legislative days within cultural history, producing over 250 of which to revise and extend their re- deaths of hundreds of waterfowl at the California’s crops. With its fertile soil, Kesterson Reservoir site in the mid marks and include extraneous material temperate climate, and water supply on H.R. 359, H.R. 3002, and H.R. 3077. 1980s, and, while farmers and water dis- capabilities, the Central Valley pro- tricts in the San Joaquin Valley have The SPEAKER pro tempore. Is there duces 8 percent of the agricultural out- objection to the request of the gen- made great progress in recent years, put in the United States, on less than drainage management in the San Luis tleman from California? 1 percent of our Nation’s farmland. There was no objection. Unit continues to be a critical and un- Valley farmers grow nearly half of the f resolved issue. fresh fruits and vegetables grown in I had the opportunity to participate the entire Nation. OFFICE OF GOVERNMENT ETHICS with Secretary Babbitt just yesterday At the same time, the Central Valley REAUTHORIZATION ACT in doing a tour of the San Luis Unit is the fastest growing region in the and had the chance to see some of the Mr. MCHUGH. Madam Speaker, I State, placing an ever-increasing de- terrific work that the water districts move to suspend the rules and pass the mand on its urban water requirements. are doing there in order to try to man- bill (H.R. 2904) to amend the Ethics in While agricultural and urban water de- age their drainage water. Government Act of 1978 to reauthorize The Committee on Resources accept- mands are often in competition with funding for the Office of Government ed an amendment on this subject of- one another, neither can be provided Ethics, as amended. fered by the gentleman from California for unless a reliable supply of water is The Clerk read as follows: made available. Long-term environ- (Mr. GEORGE MILLER), the senior Demo- H.R. 2904 crat on the committee. The gentleman mental and habitat restoration needs of the Central Valley ecosystem must by the Senate and House of Representatives of from California’s amendment would the United States of America in Congress assem- allow the State to deliver water to the also be addressed, squeezing still more bled, water out of a dwindling supply. Cur- San Luis Unit only after specific re- SECTION 1. REAUTHORIZATION OF APPROPRIA- quirements have been met to protect rently, under the CVPIA, over one mil- TIONS. water quality. lion acre-feet of water is provided for (a) IN GENERAL.—Section 405 of the Ethics The purpose of the Miller amendment environmental purposes each year. in Government Act of 1978 (5 U.S.C. App.) is is to ensure that irrigation water deliv- The demands for agricultural, envi- amended by striking ‘‘1997 through 1999’’ and eries from the State Water Project to ronmental and urban water uses in the inserting ‘‘2000 through 2003’’. great Central Valley are endless. Since (b) EFFECTIVE DATE.—This section shall the Federal San Luis Unit service area take effect on October 1, 1999. are carefully managed and are not di- water is directly tied to the economy, SEC. 2. AMENDMENT TO DEFINITION OF ‘‘SPE- rected to lands that are known to con- any disturbance in its supply will al- CIAL GOVERNMENT EMPLOYEE’’. tribute to agricultural drainage prob- most certainly result in the loss of jobs (a) AMENDMENT TO SECTION 202(a).—Sub- lems with the resultant adverse effects and agricultural production. By the section (a) of section 202 of title 18, United on water quality in the San Joaquin year 2020, a net loss of 2.3 million acre- States Code, is amended to read as follows: River, the Sacramento-San Joaquin feet of water is projected for agricul- ‘‘(a) For the purpose of sections 203, 205, Delta, or San Francisco Bay. I was tural use. This is unacceptable and ir- 207, 208, 209, and 219 of this title the term pleased to accept the gentleman from responsible. The impact of such a de- ‘special Government employee’ shall mean— California’s amendment during the cline would be devastating. Thus, an ‘‘(1) an officer or employee as defined in adequate water supply should and must subsection (c) who is retained, designated, committee’s consideration of H.R. 3077. appointed, or employed in the legislative or Governor Davis’ letter also expresses be secured. executive branch of the United States Gov- his support for this amendment. For these reasons, I am a cosponsor ernment, in any independent agency of the Madam Speaker, San Luis Unit farm- of H.R. 3077. This measure gives water United States, or in the government of the ers are the only farmers in the State of users the ability to obtain water from District of Columbia, and who, at the time of

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.016 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11665 retention, designation, appointment, or em- The SPEAKER pro tempore. Pursu- other government officials. Some are ployment, is expected to perform temporary ant to the rule, the gentleman from compensated, some serve without pay. duties on a full-time or intermittent basis New York (Mr. MCHUGH) and the gen- But in either case, if the integrity of for not to exceed 130 days during any period tleman from Maryland (Mr. CUMMINGS) government processes is to be proof 365 consecutive days; ‘‘(2) a part-time United States commis- each will control 20 minutes. tected, these advisors must be subject sioner; The Chair recognizes the gentleman to the same conflict of interest laws ‘‘(3) a part-time United States magistrate; from New York (Mr. MCHUGH). and financial disclosure requirements ‘‘(4) an independent counsel appointed GENERAL LEAVE as regular government employees. under chapter 40 of title 28 and any person Mr. MCHUGH. Madam Speaker, I ask This is not a new subject for the appointed by that independent counsel under unanimous consent that all Members House. The need for this legislation section 594(c) of title 28; may have 5 legislative days within was first brought to our attention as a ‘‘(5) a person serving as a part-time local which to revise and extend their re- result of the Travelgate hearings held representative of a Member of Congress in marks on H.R. 2904. by the Committee on Government Re- the Member’s home district or State; and The SPEAKER pro tempore. Is there form and Oversight during the 104th ‘‘(6) a Reserve officer of the Armed Forces, or an officer of the National Guard of the objection to the request of the gen- Congress. United States, who is not otherwise an offi- tleman from New York? Those hearings revealed and a subse- cer or employee as defined in subsection (c) There was no objection. quent report adopted by the Committee and who is— Mr. MCHUGH. Madam Speaker, I on Government Reform found that cer- ‘‘(A) on active duty solely for training yield myself such time as I may contain advisors to the President used (notwithstanding section 2105(d) of title 5); sume. their influence to promote their own ‘‘(B) serving voluntarily for not to exceed Madam Speaker, H.R. 2904 accom- business interests by actively encour- 130 days during any period of 365 consecutive plished the two objectives that are aging the firing of career employees in days; or critically important to ensuring hon- the White House Travel Office. As a re- ‘‘(C) serving involuntarily.’’. esty in government and impartiality in (b) AMENDMENT TO SECTION 202(c).—Sub- sult, the committee’s report on the section (c) of 202 of title 18, United States the executive branch of government. Travelgate investigation recommended Code, is amended to read as follows: First, it reauthorizes the Office of Gov- that this Congress amend the law to ‘‘(c)(1) The terms ‘officer’ and ‘employee’ ernment Ethics through the year 2003. provide clear standards for determining in sections 203, 205, 207 through 209, and 218 of Second, it amends Title XVIII of the who is a ‘‘special government em- this title shall include— United States Code to clarify the defi- ployee.’’ ‘‘(A) an individual who is retained, des- nition of the term ‘‘special government The gentleman from Florida (Mr. ignated, appointed, or employed in the employee.’’ SCARBOROUGH), who is not with us at United States Government or in the govern- The Office of Government Ethics is a this time, as I hope everyone in the ment of the District of Columbia to perform, small agency in the executive branch. with or without compensation and subject to body recognizes having suffered an in- the supervision of the President, the Vice Its appropriation for fiscal year 2000 is jury in his home State and from which President, a Member of Congress, a Federal only $9.1 million, and there are only we wish him a speedy recovery, as judge, or an officer or employee of the about 84 full-time equivalent employ- chairman of the Subcommittee on Gov- United States or of the government of the ees in its work force. Nevertheless, it ernment Management, Information and District of Columbia, a Federal or District of performs a vital function. The Office’s Technology, has held two hearings on Columbia function under authority of law or mission is to ensure impartiality and this issue. Witnesses at those hearings an Executive act; integrity in the operation of the Fed- also testified in favor of clarifying the ‘‘(B) a Reserve officer of the Armed Forces eral Government. definition of ‘‘special government em- or an officer of the National Guard of the The Office oversees compliance with United States who is serving voluntarily in ployee.’’ Language substantially simi- excess of 130 days during any period of 365 a variety of ethics laws in the execu- lar to section 2 of this bill was devel- consecutive days; and tive branch. It issues rules and regula- oped through those hearings. ‘‘(C) the President, the Vice President, a tions on matters such as conflicts of During the 104th Congress, the House Member of Congress or a Federal judge, but interest, post-employment restrictions, passed essentially the same language only to the extent specified in any such sec- standards of conduct, and financial dis- in H.R. 3452, the Presidential and Exec- tion. closures. utive Office Accountability Act. Al- ‘‘(2) As used in paragraph (1), the term The Office also reviews financial dis- ‘Federal or District of Columbia function’ though most of that bill became Public closure statements of certain presi- Law 104–331, the ‘‘special government shall include, but not be limited to— dential nominees and appointees, and ‘‘(A) supervising, managing, directing or employee’’ language was dropped in the overseeing a Federal or District of Columbia when necessary, recommends correc- conference. officer or employee in the performance of tive action for violations of ethics The need for a clearer definition re- such officer’s or employee’s official duties; laws. mains, however. I urge all Members to ‘‘(B) participating in the Federal or Dis- In addition, the Office of Government seize this opportunity to promote in- trict of Columbia government’s internal de- Ethics trains employees in ethics, pro- tegrity in government by passing this liberative process, such as by providing reg- vides formal and informal guidance on bill, H.R. 2904, today. ular advice, counsel, or recommendations to the interpretation and application of Madam Speaker, I reserve the bal- the President, the Vice President, a Member various ethics laws, and evaluates the ance of my time. of Congress, or any other Federal or District Mr. CUMMINGS. Madam Speaker, I of Columbia officer or employee, or by con- effectiveness of conflict of interest and ducting meetings involving any of those in- other ethics laws. yield myself such time as I may con- dividuals; or The Subcommittee on Civil Service sume. ‘‘(C) obligating funds of the United States of the Committee on Government Re- Madam Speaker, earlier this year, or the District of Columbia.’’. form held an oversight hearing on the the Subcommittee on Civil Service (c) NEW SECTION 202(f).—Section 202 of title Office of Government Ethics shortly held a hearing on the Office of Govern- 18, United States Code, is amended by adding before the August recess. That hearing ment Ethics which gave the sub- at the end the following: committee an opportunity to establish ‘‘(f) The terms ‘officer or employee’ and showed that the Office has performed ‘special Government employee’ as used in its duties very well. There is no ques- a record of how the agency is oper- sections 203, 205, 207 through 209, and 218, tion that the Office has earned reau- ating. OGE’s mission is not only to pre- shall not include enlisted members of the thorization by this Congress. vent and resolve conflicts of interest Armed Forces, nor shall they include an in- It was also vitally important, Madam and to foster high ethical standards for dividual who is retained, designated, or ap- Speaker, that this Congress clarify sec- Federal employees, but also to pointed without compensation specifically to tion 202 of Title XVIII to make it easi- strengthen the public’s confidence that act as a representative of an interest (other er to determine who is a ‘‘special gov- the government’s business is conducted than a Federal or District of Columbia interest) on an advisory committee established ernment employee’’ and therefore, sub- with impartiality and integrity. pursuant to the Federal Advisory Committee ject to conflict of interest law and fi- OGE does this by reviewing and certi- Act or any similarly established advisory nancial disclosure requirements. fying the financial disclosure forms committee whose meetings are generally Special government employees are filed by presidential nominees requir- open to the public.’’. informal advisors to presidents and ing Senate confirmation; serving as a

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.012 pfrm02 PsN: H08PT1 H11666 CONGRESSIONAL RECORD — HOUSE November 8, 1999 primary source of advice and coun- integrity of the Federal Government is Madam Speaker, H.R. 3189 was intro- seling on conduct and financial disclo- critically important if our citizens are duced by the gentleman from Cali- sure issues, and by providing informa- to have confidence in its operation. fornia (Mr. MILLER) on November 1 of tion on the promoting and under- Nothing has made that clearer than this year. This legislation designates standing of ethical standards in execu- our experience with the administration the building of the United States Post- tive agencies. and its unprecedented reliance upon a al Service located at 1407 Peyton Drive OGE and its staff are well regarded host of informal advisors such as Harry in Chino Hills, California, as the Jo- by the Federal agencies with whom Thomason, Paul Begala, Dick Morris, seph Ileto Post Office. they do business. There is no question and numerous other outsiders who This legislation honors Mr. Ileto, an that they do an outstanding job. worked on the President’s health care employee of the United States Postal Witnesses at the hearing testified task force during his first term. Wheth- Service who was slain while on duty in that OGE has played an essential and er paid or unpaid, full-time or part- a hail of bullets by a white supremacist significant role in fostering the time, Madam Speaker, these advisors on August 10, 1999. public’s trust in the integrity of gov- must be held to the same high ethical According to an affidavit filed in ernment. Therefore, I support the 4- standards as regular government em- Federal court, the gunman had, just an year reauthorization of OGE and urge ployees. Good government demands no hour before the shooting, opened fire at my colleagues to do the same. less. a Jewish community center in Los An- I want to thank the gentleman from Congress has the opportunity today geles, wounding five children and em- Florida (Mr. SCARBOROUGH), our sub- to ensure that existing conflict of in- ployees. While making his rounds, Mr. committee chairman, for all of his ef- terest laws and financial disclosure re- Ileto encountered the assassin who, ac- forts, our chairman and our ranking quirements deter these high-level advi- cording to the affidavit, thought it member of the Committee on Govern- sors from using their role to promote would be a good idea to kill a non- ment Reform and Oversight, and cer- their own business interests. I urge all white person who was also a govern- tainly the gentleman from New York Members to support H.R. 2904. ment employee as a target of oppor- (Mr. MCHUGH) for his comments today. Madam Speaker, I yield back the bal- tunity. Mr. Ileto was the oldest of five chil- Madam Speaker, I yield back the balance of my time. dren, born and raised in the Philippines ance of my time. The SPEAKER pro tempore. The and named after St. Joseph, the patron Mr. MCHUGH. Madam Speaker, I question is on the motion offered by yield myself the balance of the time. saint of the worker. He emigrated to the gentleman from New York (Mr. the United States when he was 14 years Again, I want to express our appre- MCHUGH) that the House suspend the ciation to the gentleman from Florida old. After completing high school, he rules and pass the bill, H.R. 2904, as studied at East Los Angeles College, (Mr. SCARBOROUGH), who currently amended. serves as the chairman of the Sub- earning an associate degree in engi- The question was taken. neering in 1983. He lived with his broth- committee on Civil Service, for intro- Mr. MCHUGH. Madam Speaker, on ducing H.R. 2904 to authorize the Office er in Chino Hills, and he cared for his that I demand the yeas and nays. recently widowed mother in Monterey of Government Ethics, and also to the The yeas and nays were ordered. gentleman from Indiana (Mr. BURTON), Park. The SPEAKER pro tempore. Pursu- He worked two jobs, at ABX Filters the chairman of the Committee on ant to clause 8 of rule XX and the Government Reform, for his strong Corporation, where he tested electronic Chair’s prior announcement, further filters for heart pacemakers, and part- support of this legislation. As well, let proceedings on this motion will be me thank the gentleman from Mary- time as a substitute mail carrier. He postponed. was substituting for a regular letter land (Mr. CUMMINGS), the ranking f carrier when he was killed, at age 39. member of the Subcommittee on Civil Joseph Ileto took the postal position 2 Service, and also the gentleman from b 1515 years ago because he was seeking bet- California (Mr. WAXMAN), the ranking JOSEPH ILETO POST OFFICE ter pay in an outside job. member of the Committee on Govern- Mr. McHUGH. Madam Speaker, I Mr. Ileto was known for his goodness, ment Reform, for their combined sup- his good humor, his willingness to help, port. Without this cooperative effort, move to suspend the rules and pass the bill (H.R. 3189) to designate the United and for being reliable. Joe was known Madam Speaker, we would not be here to be a humble man, never wanting to today. States post office located at 14071 Pey- ton Drive in Chino Hills, California, as be the center of attention, just wanting I also want to commend the gen- to blend into the crowd. His work ethic tleman from Illinois (Mr. HYDE), the the ‘‘Joseph Ileto Post Office.’’ The Clerk read as follows: and reliability won him a Special chairman of the Committee on the Ju- Achievement Award from the Postal H.R. 3189 diciary, and the gentleman from Flor- Service. He was also very competitive, ida (Mr. CANADY) of the Subcommittee Be it enacted by the Senate and House of Rep- and loved playing games and watching on the Constitution for their coopera- resentatives of the United States of America in Congress assembled, the Los Angeles Lakers and the Dodg- tion in expediting consideration of this ers. measure. I also wish to express our ap- SECTION 1. JOSEPH ILETO POST OFFICE. He was a skilled chess player and was preciation to the gentleman from Flor- (a) DESIGNATION.—The United States post office located at 14071 Peyton Drive in Chino ranked at the master level. The Los ida (Mr. MICA), the former chairman of Hills, California, shall be known and des- Angeles Times and magazines devoted the Subcommittee on Civil Service, for ignated as the ‘‘Joseph Ileto Post Office’’. to chess recognized him for his his strong support for clarifying the (b) REFERENCES.—Any reference in a law, achievements in that regard. His father definition of ‘‘special government em- map, regulation, document, paper, or other taught him to play that game at the ployee.’’ As we recognize, Madam record of the United States to the facility re- age of 7. Speaker, these kinds of initiatives, it ferred to in subsection (a) shall be deemed to Uniformed postal workers, in a cara- takes the cooperative effort of many, be a reference to the ‘‘Joseph Ileto Post Of- van of more than 100 trucks, paid their and we thank yet another gentleman fice’’. respects to their fallen colleague. from California (Mr. HORN) for adding The SPEAKER pro tempore (Mrs. Every mail carrier in his post office at- the ‘‘special government employee’’ BIGGERT). Pursuant to the rule, the tended the funeral, along with many language to this initiative. gentleman from New York (Mr. others from the postal community. Re- Madam Speaker, although language MCHUGH) and the gentleman from tired mail carriers offered to deliver before the House differs in some minor Maryland (Mr. CUMMINGS) each will the mail that day so everyone who respects from the bill reported by the control 20 minutes. knew Joseph could attend, exem- Committee on Government Reform, The Chair recognizes the gentleman plifying the model of mail carriers ev- there really is no substantive dif- from New York (Mr. MCHUGH). erywhere, that an injury to one is an ference. Working closely with the Of- Mr. McHUGH. Madam Speaker, I injury to all. fice of Government Ethics, we have yield myself such time as I may con- Madam Speaker, it is important to simply clarified the bill. Promoting the sume. note that the Post Office in Chino is

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.028 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11667 near completion, and due to open early and Lakers fan, Mr. Ileto was a master Certainly I would like to also asso- next year. It would be fitting that this chess player who was murdered by ciate myself with the comments about body take action today on this bill, white supremacist Buford Furrow the Postal Service. My father was post- H.R. 3189, so that the naming of the while delivering mail on his mail master at one time, and my grand- post office coincides with the opening route. father was postmaster, so we have a of this facility. Naming the Post Office Joseph Santos Ileto was a fine man long tradition in our family of paying in Chino Hills after Joseph Ileto would who loved his family and friends. My honor and tribute to people who work be an act of remembrance and honor to colleague, the gentleman from Cali- in the Post Office. a person who, though he just wanted to fornia (Mr. GARY MILLER), is to be com- In this particular instance, we have blend into the crowd, exemplifies all mended for recognizing a man who was what is usually a person who does not the qualities that we look for in an proud to wear the uniform of the attract much attention, but he is em- outstanding citizen of this great Na- United States Postal Service letter blematic of the many thousands of peo- tion. carrier. I would agree with the gen- ple who work for the Postal Service I also want to, Madam Speaker, take tleman from New York (Chairman and who carry on their duties on a reg- one moment to express our most heart- MCHUGH), it is so appropriate that we ular basis. felt sympathy to the family and friends take this time to honor this postman. I want to commend the gentleman of this brave man. They share in this The thing is that so often when we from California (Mr. GARY MILLER) on honor. We come to this floor many name buildings, they are not named his initiative to remember Joseph times each session and extend the after the people who do not normally Ileto, and to not let the issue go away privilege of a postal naming bill to make the front pages of the Wash- about the circumstances of his murder presidents, to people who, in very real ington Post or local papers, but this and bringing recognition of that. At ways, made world history, to heroes of was a gentleman that so often I would the same time, I want to point out that all kinds. Today we honor a hero of a take it that, like many other Post Of- the number of hate crimes which have somewhat different kind, but certainly fice people, that we take for granted. gone on this past year continues to inno less a deserving individual. They are the people who deliver our crease in this country. I would strongly urge all of our col- mail every day through the cold, the I think it is very important that, in leagues to support this bill and to ex- sleet, the wind, the sun, whatever. Mr. Ileto’s name, we continue to focus tend this honor to a very, very special They are there. on the issue of hate crimes, of which he man. I join the gentleman from New York was himself a victim, and to continue Madam Speaker, I reserve the bal- (Chairman MCHUGH) when he says that to support hate crimes legislation. This ance of my time. we want the family to know of our is an opportunity for us to draw atten- Mr. CUMMINGS. Madam Speaker, I sympathy, and we want them to know tion to it. It is an opportunity to draw yield myself such time as I may con- how we feel so strongly about Mr. attention to the service of Asian-Pa- sume. Ileto. Here is something else that needs cific Americans in this country. Madam Speaker, as a member of the to be said, and it is simply this, that in Also, I would like to again commend Committee on Government Reform and naming this Post Office after this post- the work of our colleague, the gen- man, hopefully when people pass that Oversight, I am pleased to join the gentleman from California (Mr. GARY MIL- Post Office and see that name up there, tleman from New York (Chairman LER) in this matter. they will be reminded of what postmen MCHUGH) in the consideration of two Mr. CUMMINGS. Madam Speaker, I postal naming bills, H.R. 3189, to des- and postwomen do every day in making yield myself such time as I may con- ignate the United States Post Office lo- sure that our mail is delivered, and sume. cated at 41071 Peyton Drive in Chino making sure that correspondence, Madam Speaker, I want to thank my Hills, California, as the Joseph Ileto which is the lifeblood of any kind of colleague, the gentleman from Guam, communications process all over the Post Office, and H.R. 2307, to designate for making a very significant point. world, is taken care of and taken care the United States Post Office located That is that, unfortunately, in our of in a very excellent fashion. country we are still seeing the results at 5 Cedar Street in Hopkinton, Massa- To that end, it is indeed a fitting of hate crimes. Unfortunately, our chusetts, as the Thomas J. Brown Post tribute to name a soon-to-be-opened friend, Mr. Ileto, died as a result of a Office Building. postal facility in Mr. Ileto’s hometown H.R. 319, introduced by the gen- hate crime. It is very, very sad. in Chino Hills, California, after its fall- It is a fact that we are hoping that by tleman from California (Mr. GARY MIL- en son. LER) on November 1, 1999, seeks to Madam Speaker, I yield 2 minutes to taking this moment on the part of the honor a fallen postal employee, Mr. Jo- the distinguished gentleman from United States Congress to recognize this wonderful, wonderful man, we will seph Santos Ileto. My colleagues will Guam (Mr. UNDERWOOD). remember that Mr. Ileto was slain on Mr. UNDERWOOD. Madam Speaker, I say to all of America that we, the Con- August 10, 1999, by a gunman who shot thank my colleague for yielding me the gress of the United States, will not and wounded five children and employ- time. stand for that kind of conduct. As we ees at the North Valley Jewish Com- Madam Speaker, I stand in strong lift him up and say to Mr. Ileto and to munity Center in suburban Los Ange- support of the bill offered by the gen- his family that we are grateful for his les. tleman from California (Mr. GARY MIL- service and all that he has given us, we Mr. Ileto was a letter carrier for the LER), H.R. 3189. As outlined, this bill also say to all of those who want to United States Postal Service. While he will designate the United States Post wander throughout our country com- lived in Chino Hills, California, he Office in Chino Hills the Joseph Ileto mitting these kinds of offenses that we worked at the Chatsworth Post Office, Post Office. will not stand for it, and we will do ev- located at 21606 Devonshire Boulevard I stand in strong support of this on a erything in our power to stomp it out. in Chatsworth, California. couple of bases: One, as chairperson of To that end, Madam Speaker, I would A letter carrier for just 2 years, he the Asian-Pacific American Caucus in urge my colleagues to vote for this was remembered by the Chatsworth Congress, we have a particular affinity very, very important piece of legisla- Postmaster, Ramona Franco, as a good for this particular piece of legislation tion. I thank the chairman, the gen- employee with a wonderful sense of which is being passed in honor of Jo- tleman from New York (Mr. MCHUGH), humor. According to Postmaster Fran- seph Santos Ileto, a Filipino-American the ranking member of our committee, co, Mr. Ileto was the recent recipient of postal employee murdered by white su- the gentleman from Pennsylvania (Mr. a Special Achievement Award and rec- premacist Buford O. Furrow basically FATTAH), the gentleman from Cali- ognized for his outstanding perform- for being foreign-looking. fornia (Mr. WAXMAN), and the chair- ance. Basically, the entire incident involv- man, the gentleman from Indiana (Mr. Joseph Santos Ileto was born on ing the murder of Mr. Ileto was that he BURTON). March 10, 1960, in Legaspi City, Phil- looked like a foreigner. He was an Madam Speaker, I have no further re- ippines, and named after St. Joseph, Asian-American who was devoting his quests for time, and I yield back the the patron saint of workers. A Dodgers life to public service in the Post Office. balance of my time.

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Mr. MCHUGH. Madam Speaker, I GENERAL LEAVE nevertheless, we are here honoring a yield myself such time as I may con- Mr. MCHUGH. Madam Speaker, I ask man who has, through his association, sume. unanimous consent that all Members both with the Postal Service and with Madam Speaker, let me first of all may have 5 legislative days within his activities and love of his commu- express my appreciation to the gen- which to revise and extend their re- nity, has shown great leadership in im- tleman from Maryland (Mr. CUMMINGS) marks on H.R. 3189, the bill just passed. portant ways. I would say, Madam Speaker, that and the gentleman from Guam (Mr. The SPEAKER pro tempore. Is there Mr. Brown is a kind of testament to, UNDERWOOD), and all of the minority objection to the request of the gen- again, the American way of life, to members, including, of course, the tleman from New York? someone who is not involved in any ranking member, the gentleman from There was no objection. California (Mr. WAXMAN), for their con- kind of community activity for power f tinued and continuous support on these or glory or certainly for enrichment, kinds of measures. THOMAS J. BROWN POST OFFICE but rather cares about their neighbors, BUILDING cares about his association with those neighbors, and works simply to make b 1530 Mr. MCHUGH. Madam Speaker, I today better than yesterday and, hope- I do think it is a very fine example as move to suspend the rules and pass the fully, tomorrow a little bit better than to how the majority and minority can bill (H.R. 2307) to designate the build- today. work toward a common good and a ing of the United States Postal Service I would certainly urge all of our col- common action. located at 5 Cedar Street in Hopkinton, leagues to support H.R. 2307 and honor I also want to thank the gentleman Massachusetts, as the ‘‘Thomas J. this postal employee who is so actively from Indiana (Mr. BURTON), the chair- Brown Post Office Building’’. involved in a very important part of man of the full committee, for his con- The Clerk read as follows: his town’s history. And I am always, as tinuous support in these efforts and for H.R 2307 chairman of the subcommittee, par- helping us to expedite consideration as Be it enacted by the Senate and House of Rep- ticularly gratified when those postal we wind down the end of this legisla- resentatives of the United States of America in employees, nearly 900,000 individuals tive session so that we can, indeed, pay Congress assembled, who each day make this wonderful sys- tribute to a very deserving individual. SECTION 1. DESIGNATION. tem work so well, are honored in this I want to say that I certainly agree (a) IN GENERAL.—The building of the manner, particularly, as it does in this with the comments of the two previous United States Postal Service located at 5 case, occurring in their hometown in speakers. The cause of this crime was Cedar Street in Hopkinton, Massachusetts, the very facility in which they dis- despicable, and I think it is true as shall be known and designated as the charge those duties. ‘‘Thomas J. Brown Post Office Building’’. Madam Speaker, I reserve the bal- well that all Americans find hate and (b) REFERENCES.—Any reference in a law, find the kinds of actions fueled by the map, regulation, document, paper, or other ance of my time. hate in this instance to be unspeakably record of the United States to the building Mr. CUMMINGS. Madam Speaker, I evil. And to the extent that we can referred to in subsection (a) shall be deemed yield myself such time as I may con- make a statement against that in this to be a reference to the ‘‘Thomas J. Brown sume. forum, that is a positive thing. Post Office Building’’. Madam Speaker, I join the gen- But I would say that we are here The SPEAKER pro tempore. Pursu- tleman from New York (Mr. MCHUGH) today honoring an individual who fell ant to the rule, the gentleman from in his comments with regard to honoring this wonderful former post- and who was victimized and who we New York (Mr. MCHUGH) and the gen- master. As a member of the Committee think would be worthy of this honor re- tleman from Maryland (Mr. CUMMINGS) gardless of the motivations of the each will control 20 minutes. on Government Reform, I am pleased criminal who took his life. This is a The Chair recognizes the gentleman to join him in consideration of H.R. 2307. man who has, through his life, through from New York (Mr. MCHUGH). H.R. 2307, introduced by the gen- his roots and the way in which he has Mr. MCHUGH. Madam Speaker, I tleman from Massachusetts (Mr. overcome, earned all of our admira- yield myself such time as I may con- MCGOVERN) on June 22, 1999, seeks to tion. sume. honor Mr. Thomas J. Brown. Mr. Madam Speaker, Mr. Ileto I think in Madam Speaker, H.R. 2307 was intro- Brown is the former postmaster of the many ways is a perfect profile for the duced by the gentleman from Massa- town of Hopkinton, Massachusetts, and American dream, a gentleman who chusetts (Mr. MCGOVERN) on June 22 of past president of the Boston Athletic works hard, someone who carries the this year. This legislation designates Association. Hopkinton, Massachu- common values that have continuously the building of the United States Post- setts, is the starting point for the Bos- bound this Nation together through al Service located at 5 Cedar Street in ton Marathon, and Mr. Brown has been our more than two centuries of exist- Hopkinton, Massachusetts, as the extensively involved in this race in his ence. And regardless of his race, his Thomas J. Brown Post Office Building. capacity as president of the BAA. color, his religious beliefs or any other Both the relevant subcommittee and Designating a post office after a distinguishing factor is a man fully de- committee approved this legislation, former postmaster is an excellent way serving of this honor today. which is cosponsored by the entire to honor Mr. Brown’s achievement. So with that, Madam Speaker, I offer House delegation of the State of Massa- Madam Speaker, I could go on into fur- again our deepest sympathies to Mr. chusetts. ther detail about the numerous com- Ileto’s family, to his loved ones, and to Madam Speaker, Mr. Brown is a past munity activities Mr. Brown is in- those who knew him and urge that all president of the Boston Athletic Asso- volved in, but I would prefer to yield Members support this legislation. ciation and former postmaster of the time to the sponsor of H.R. 2307, the Madam Speaker, I yield back the bal- town of Hopkinton, which is the start- gentleman from Massachusetts (Mr. ance of my time. ing point for the Boston Marathon. Mr. MCGOVERN). The SPEAKER pro tempore (Mrs. Brown has been actively involved in Madam Speaker, I reserve the bal- BIGGERT). The question is on the mo- the Boston Marathon in his capacity as ance of my time. tion offered by the gentleman from president of the Boston Athletic Asso- Mr. MCHUGH. Madam Speaker, I con- New York (Mr. MCHUGH) that the ciation. tinue to reserve the balance of my House suspend the rules and pass the Madam Speaker, again we are here, time. bill, H.R. 3189. as we did in the first bill, although Mr. CUMMINGS. Madam Speaker, I The question was taken; and (two- under very, very different cir- yield 31⁄2 minutes to the gentleman thirds having voted in favor thereof) cumstances, paying tribute to an indi- from Massachusetts (Mr. MCGOVERN). the rules were suspended and the bill vidual who perhaps does not find his Mr. MCGOVERN. Madam Speaker, I was passed. name on the front page of the Nation’s thank the gentleman from Maryland A motion to reconsider was laid on newspapers or as one of the lead stories (Mr. CUMMINGS) not only for his sup- the table. on the evening news broadcast. But, port but for yielding me this time.

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.034 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11669 Madam Speaker, I rise in support of who served this community well, over many November and we need to have the customer H.R. 2307 to designate the Thomas J. years. parking lot paved on time,’’ said Post Master Brown Post Office Building in We hope your proposal will be carefully John Hester. The future lot now sits under the old, over- Hopkinton, Massachusetts. I wish to considered by Congress, and successfully implemented! burdened post office resting in the shadow of thank the gentleman from New York Sincerely, the new state-of-the art facility on Cedar (Chairman MCHUGH) for his support MAUREEN L. DWINNELL, Street, scheduled to open Monday. and for the support of this sub- Chairman. ‘‘We’ll close the old building at noon on committee in moving this bill through Saturday and start moving everything over the Committee on Government Reform [From the Milford Daily News, Aug. 27, 1999] then.’’ Hester said Thursday. The old building will be torn down to make and bringing it to the House floor NEW POST OFFICE IN HOPKINTON room for more parking spaces. Both build- today. (By John B. Moore) ings are leased to the Postal Service. This bill will name the Federal Post HOPKINTON.—With little potential for con- The new 13,800-square-foot post office is Office at 5 Cedar Street in Hopkinton, troversy, the new Hopkinton Post Office roughly five times the size of the current Massachusetts, after Thomas J. Brown. likely will open this fall and be dedicated to building. Mr. Brown is a long-time resident of former postmaster and Boston Marathon ‘‘Everyone has been ready for this for a Hopkinton, served as postmaster from honcho Thomas J. Brown. while now,’’ Hester said. ‘‘You wouldn’t believe how excited we are.’’ 1940 to 1970, and this bill will give the The proposal to name the soon-to-be- opened post office, which passed out of com- Hester is among those cheering the new brand-new Hopkinton Post Office a mittee earlier this month, is expected to be opening. For one thing, he gets to move out name in tribute to a man who has adopted by Congress by October, if not soon- of the old trailer parked behind the buildings served his community with pride and er. that has been his office for years. dignity for over 30 years. ‘‘I’m so pleased this is progressing so ‘‘The other post office could just about fit Mr. Brown is a World War II veteran, well,’’ said Guy Morse, president of the Bos- in this lobby,’’ said Hester, walking inside having served in San Francisco and ton Athletic Association and the man behind the new facility yesterday afternoon. Along with more office space, the new Pearl Harbor in the Postal Division of the move to dedicate the building in Brown’s name. building has an extra customer service win- the United States Navy from 1942 to Brown, who served as Hopkinton’s post- dow, 800 post office boxes and a stamp vend- 1946. He served on the Board of Gov- master from 1940–1970, now lives in Maine. ing machine, along with more parking ernors from 1978 to 1985, and as presi- A former Hayden Rowe Street resident, he spaces. dent from 1982 to 1985 of the Boston was president of the Boston Athletic Asso- There is also an electronic scale inside the Athletic Association. Of national im- ciation from 1982–1985. He also served as the lobby allowing customers to weigh and portance, Mr. Brown also served as offi- official starter of the marathon for a number stamp their packages without ever having to of years. wait in line. cial starter of the Boston Marathon, There will also be an entire wall lined with the famous 26-mile race that starts in ‘‘The bill has been marked up by the Com- mittee on Government Reform and when prepackaged stamps and other merchandise. the town of Hopkinton, Massachusetts. they come back from recess at the beginning Also in for a change will be the hours of This new post office is vital to the of September it will go to the floor,’’ said the service windows. The old building used to open the windows town of Hopkinton. Roughly five times Michael Mershon, a spokesman for U.S. Rep. from 7:30 a.m. to 5 p.m. Mondays through the size of the current building, this James McGovern, D-3rd. Fridays. They will now open an hour later. ‘‘The person I spoke to yesterday said they new building has an extra customer ‘‘I did a study to determine what people expect it to pass through the floor of the service window, 800 post office boxes were buying during different hours and what House no later than mid-October.’’ and a stamp vending machine. This I found out is 90 percent stamps during that Once the measure is approved, it goes to new post office is needed because of the early hour,’’ Hester said. the U.S. Senate before landing on the presi- rising number of new residents who With the stamp vending machine, it made dent’s desk for his signature. little sense to keep the window open for that have moved to Hopkinton in the past When the bill makes it to the Senate, Sen. hour. decade. These improvements will bet- John Kerry, D-Mass., will take the reins. The Saturday hours will be shortened, as ter serve all the residents of the sur- ‘‘There has been no doubt in my mind that well, with the post office opening from 8:30 rounding area in honor of Mr. Brown the new post office in Hopkinton should be a.m. to noon closing two hours early. and his dedication to his community. named after Tom Brown—someone who has ‘‘We just found that the volume wasn’t The Town of Hopkinton Office of the served his community for years as post- there and like any other businesses we need master and who has contributed so much of to control costs,’’ he said. Selectmen, the Boston Athletic Asso- his time and energy to the Boston Mara- ciation, and the entire Massachusetts The prime reason for the new building is thon,’’ Kerry said. the soaring number of new residents who congressional delegation support this Along with McGovern and local town offi- have moved into town over the last decade. bill to honor Thomas J. Brown’s com- cials, Kerry has strongly supported naming The old building is simply buckling under munity service. This is an important the post office after Brown. the strain. bill to the Town of Hopkinton and to ‘‘What better way to honor Tom Brown ‘‘This building is set up to anticipate new the lives of the people Mr. Brown has than to name the post office after him right growth,’’ he said. ‘‘This is a building every- touched. in Hopkinton, where year after year we start one should be proud of.’’ the Boston Marathon,’’ Kerry said. Madam Speaker, I urge my col- Before the building can be dedicated to Morse toured the new post office earlier Brown, U.S. legislators have to give the final leagues to support H.R. 2307 and name this week and spoke with the current post- OK. the Hopkinton Post Office after Thom- master about a ceremony. Though the naming measure is routine, it as J. Brown. ‘‘We’re looking to hopefully have some- takes time to filter through the House and Madam Speaker, I would like to sub- thing in the beginning of October,’’ Morse Senate, an aide to Rep. James McGovern, D– mit for the RECORD the following let- said. Mass., said. ters of support and related news arti- ‘‘I’m very pleased that it looks like it The ceremony will probably take place in might actually come about,’’ Morse said. ‘‘I cles about the new post office and the November, said Bob Cannon, a spokesman for think it’s a great testimony to Tom Brown the U.S. Postal Service. effort to name it after Mr. Brown. that so many people got involved to make Brown, who served as Hopkinton’s post- TOWN OF HOPKINTON, this happen.’’ master for 1940–1970. Now lives in Maine. OFFICE OF THE SELECTMEN, [From the Hopkinton Town Crier, Oct. 19, A former Hayden Rowe Street resident, he Hopkinton, MA, June 4, 1999. 1999] was president of the Boston Athletic Asso- Mr. GUY L. MORSE III, ciation from 1982–1985. He also served as the NEW POST OFFICE, AWAITS OFFICIAL FANFARE Director, Boston Athletic Association, official starter of the Marathon for a number Boston, MA. (By John B. Moore) of years. DEAR GUY: The Board of Selectmen re- The new post office will receive little fan- Mr. MCHUGH. Madam Speaker, I ceived your letter discussing the B.A.A.’s fare this week. have no further requests for time, and proposal that the new Hopkinton Post Office The big celebration will likely be held in I reserve the balance of my time. be dedicated to Tom Brown, long-time resi- late fall when the building is officially dedi- dent of the Town, Hopkinton Postmaster cated to former resident and past Boston Mr. CUMMINGS. Madam Speaker, I from 1940–1970, and official starter of the Marathon President Tom Brown. yield myself such time as I may con- Boston Marathon for many years. ‘‘One of the reasons we’re moving ahead sume. Our Board strongly supports this proposal. with the opening is because the asphalt Madam Speaker, I thank the gen- It would be a well-earned tribute to a man plants will probably be closed by the end of tleman from Massachusetts (Mr.

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MCGOVERN) for his statement. One of this bill, for the continued support of Whereas Payne Stewart attained two mile- the things that he pointed out, Madam the gentleman from Pennsylvania (Mr. stones in 1981, marrying Marries Theresa Speaker, is that Mr. Brown is also a FATTAH) as the ranking member, along ‘‘Tracey’’ Ferguson and qualifying for his Professional Golfer’s Card; veteran. I think so often our veterans with, of course, the gentleman from Whereas Payne Stewart donned what be- play such significant roles while they California (Mr. WAXMAN) as the rank- came his trademark knickers, long socks and are in the military and when they ing member of the full committee and cap and won his first professional golf tour- leave. And here is another example of a the gentleman from Indiana (Mr. BUR- nament in 1982 at the Quad Cities Open in Il- veteran when he left the military to go TON), chairman of the full committee, linois—the only professional golf tour- on and do some very, very significant and his staff and the staff of the Sub- nament victory his father ever saw him win; things to help people. committee on the Postal Service for Whereas Payne Stewart won 11 profes- The gentleman also talked about Mr. their untiring work in processing these sional golf tournaments, including the United States Open in 1991 and 1999 and the Brown being the starter, the person in the way in which they should be Professional Golfers’ Association Champion- who started the race, and that is very processed: in a bipartisan cooperative ship in 1989, and was a member of the United significant when we think about what manner. States Ryder Cup Team 5 times, including is happening today. He went on to talk Madam Speaker, I close with a final the team that staged the greatest comeback about how this Post Office is much urging to all of our colleagues to sup- victory in the history of the event in 1999; larger so it could serve so many more port this fine bill, H.R. 2307. Whereas in 1994, Payne Stewart was among people as the town has grown. Madam Speaker, I yield back the bal- the first athletes inducted in the Missouri The fact is that our honoree, Mr. Sports Hall of Fame; ance of my time. Whereas Payne Stewart was never selfish Brown, was one who was there way The SPEAKER pro tempore. The with his successes, sharing generously with back when, and now he has seen not question is on the motion offered by many charitable organizations, including only the race grow but he has seen this the gentleman from New York (Mr. giving his entire Bay Hill Classic winner’s wonderful town grow. And so it is with MCHUGH) that the House suspend the purse of $108,000 to the Florida Hospital great honor and privilege that I take a rules and pass the bill, H.R. 2307. Golden Circle of Friends in memory of his fa- moment today to, number one, thank The question was taken; and (two- ther; Mr. Brown for all that he has done. I Whereas just last year Payne Stewart and thirds having voted in favor thereof) his wife donated $500,000 to the First Founda- also want to thank the gentleman from the rules were suspended and the bill tion, the fund raising arm of the First Bap- Massachusetts (Mr. MCGOVERN) for was passed. tist Church of Orlando, to be used for the ex- being so sensitive to all of those people A motion to reconsider was laid on pansion of a Christian school; who are supporting this wonderful and the table. Whereas Payne Stewart always found time very important legislation. I again f to be a golf teacher and mentor to children thank the gentleman from New York who were learning the game, returning to (Mr. MCHUGH), the chairman of the GENERAL LEAVE Springfield in late July 1999 to conduct one Subcommittee on the Postal Service; of many children’s clinics for would-be fu- Mr. MCHUGH. Madam Speaker, I ask ture golf competitors; and I thank the gentleman from Penn- unanimous consent that all Members Whereas Payne Stewart served as a role sylvania (Mr. FATTAH), the ranking may have 5 legislative days within model for his Christian faith and his sport in member of that subcommittee; and of which to revise and extend their re- countless public and private ways; course the gentleman from Indiana marks on H.R. 2307, the bill just passed. Whereas Payne Stewart was a loving hus- (Mr. BURTON) and the gentleman from The SPEAKER pro tempore. Is there band to his wife Tracey, daughter Chelsea, California (Mr. WAXMAN), the chairman objection to the request of the gen- and son Aaron; and ranking member respectively. tleman from New York? Whereas Payne Stewart was viewed by his friends and former classmates as a fun-lov- Madam speaker, I yield back the bal- There was no objection. ance of my time. ing, warm, and smiling man with a joy for f life, his family and his sport; Mr. MCHUGH. Madam Speaker, I Whereas Payne Stewart transcended the yield myself the balance of the remain- b 1545 game of golf as a timeless symbol of athletic ing time. talent, spirited competition, and a role Madam Speaker, let me associate EXPRESSING THE CONDOLENCES OF THE HOUSE OVER PAYNE model for people of all ages; and myself with particularly the last com- Whereas Payne Stewart died in a tragic STEWART’S DEATH ments by the gentleman from Mary- plane crash on October 25, 1999, along with land (Mr. CUMMINGS). Veterans of vir- Mr. Miller of Florida. Madam Speak- Van Arden, Stephanie Bellegarrigue, Bruce tually any war are a very special class er, I move to suspend the rules and Borland, Robert Fraley, and Michael Kling: agree to the resolution (H. Res. 344) Now, therefore, be it of people to whom those of us who Resolved, That the House of enjoy the fruits of this wonderful de- recognizing and honoring Payne Stew- Representatives— mocracy really owe more than we can art and expressing the condolences of (1) recognizes and honors Payne Stewart— ever repay. And I, too, want to thank the House of Representatives to his (A) as one of the greatest golfers; the gentleman from Massachusetts family on his death and to the families (B) for his many contributions to the Na- (Mr. MCGOVERN) for providing this op- of those who died with him. tion throughout his lifetime; and portunity to recognize, not only as I The Clerk read as follows: (C) for transcending the game of golf and becoming a timeless symbol of athletic tal- said earlier a 3-decade employee of the H. RES. 344 ent, spirited competition, and a role model United States Postal Service, but like Whereas William Payne Stewart was born as a Christian gentleman and a loving father so many of his contemporaries, an indi- in Springfield, Missouri, on January 30, 1957; and husband; and vidual whose record of service extends Whereas Payne Stewart was the son of Wil- (2) extends its deepest condolences to the even beyond that of his service during liam Stewart and Bee Payne-Stewart and families of Payne Stewart and the other vic- World War II. brother of Susan and Lora; tims in the plane crash, Van Arden, Steph- Heroes come in many different forms Whereas Payne Stewart grew up in a lov- anie Bellegarrigue, Bruce Borland, Robert ing family in Springfield, Missouri, and was Fraley, and Michael Kling, on their tragic and walk in many different ways in instilled with the strong family values of this life. To the community of loss. hard work, academic achievement, and good SEC. 2. The Clerk of the House of Rep- Hopkinton, to the Greater Boston area, sportsmanship; resentatives shall transmit an enrolled copy and to all of those across this country Whereas although Payne Stewart was a of this resolution to the family of each of the who believe, as I do, that the Boston good athlete in football and basketball, victims. Marathon is such a special event, with- under the mentoring of his father, he took The SPEAKER pro tempore (Mrs. up the game of golf, practicing and playing out question, this gentleman, Mr. BIGGERT). Pursuant to the rule, the Brown, is a hero. We are very, very at Hickory Hills Country Club and growing to love the game and its history; gentleman from Florida (Mr. MILLER) lucky today to have this opportunity. Whereas Payne Stewart grew proficient in and the gentleman from Maryland (Mr. Madam Speaker, I too want to ex- the game of golf during his years at Green- CUMMINGS) each will control 20 min- press my appreciation to the gen- wood High School and at Southern Meth- utes. tleman from Maryland (Mr. CUMMINGS) odist University in Texas where he earned The Chair recognizes the gentleman for being here today and for managing the status of ‘‘All-American’’; from Florida (Mr. MILLER).

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.039 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11671 GENERAL LEAVE of the Tour Championship when his championships. He was having his best Mr. MILLER of Florida. Madam plane crashed in South Dakota. Mr. year on the tour; and in the last golf Speaker, I ask unanimous consent that Stewart died with five others, two pi- ranking, he was ranked eighth in the all Members may have 5 legislative lots of the plane Michael King, 43, world. days within which to revise and extend Stephanie Bellegarrigue, 27, his agents Just a few years ago, some golf ex- their remarks on H. Res. 344. Robert Fraley and Van Ardan and perts began to write him off, that he The SPEAKER pro tempore. Is there Bruce Borlan, a golf course designer. was not going to be able to make it. objection to the request of the gen- As expressed by this resolution, our They speculated his career was all but tleman from Florida? condolences go out to all of the fami- over after a number of years in the There was no objection. lies affected by this terrible crash. PGA without a lot of success. However, Mr. MILLER of Florida. Madam Mr. Stewart, winner of the United after winning this year’s U.S. Open, Speaker, I yield myself such time as I States Open at Pinehurst, North Caro- which capped a 4-year return to the top may consume. lina, also played on the Ryder Cup of the golfing world, Payne gave in- Madam Speaker, I rise in support of team that won an inspiring comeback sight into the real reason behind his House Resolution 344. I would like to victory over Europe in September. He turnaround. He spoke of a renewed thank the distinguished gentleman won the Professional Golfer’s Associa- faith in God that had given him inner from Springfield, Missouri (Mr. BLUNT) tion championship in 1989, and in 1991 peace and had led to a stronger family for providing this House the oppor- captured his first U.S. Open title at Ha- life. tunity to express our condolences to zeltine in Minnesota, after an 18-hole Payne Stewart also gave generously the family of Payne Stewart while ena- playoff. of his time and money to charity bling us to celebrate his life and ac- Tim Finchem, the PGA Tour Com- causes. He was actively involved in the complishments. missioner, is quoted as saying that, First Baptist Church in Orlando, Flor- I would also like to thank the gen- ‘‘Payne represented the best of golf. He ida. The Reverend Jim Henry, who was tleman from Indiana (Mr. BURTON), was a man of great faith, a devoted, one of his pastors, said this of Payne, chairman of the Committee on Govern- compassionate, and most energetic ‘‘He was a wonderful Christian who had ment Reform, who recognized the time- husband and father, and a man of tre- Christ in his life and somehow in his liness of this measure and expedited mendous generosity.’’ Tiger Woods, death.’’ this opportunity for consideration be- upon hearing the news of Stewart’s He was also a good neighbor. One of fore the House today. death, commented, ‘‘It is shocking; it’s his neighbors summed it up by saying, This resolution has many cosponsors a tragedy. There is an enormous void ‘‘Payne was an unbelievable person.’’ who welcome the opportunity to pro- and emptiness I feel right now.’’ Recent news reports said that he was vide Payne Stewart this fitting mo- That void and emptiness was felt by even well-known among his neighbor- ment of honor. Our celebration of his the 3,000 people attending Stewart’s hood for fixing pancakes after his chil- life is a quiet reflection of the patriot- memorial service, over 100 of which dren’s sleep-overs. Parents and fathers ism that he displayed so proudly were PGA Tour players and officials. should be proud of that, and Payne was throughout his professional career. At the memorial service, Paul Azinger, certainly a good example. During that career, Payne Stewart a close friend of Stewart’s pulled a In the world of sports today, Payne won 11 professional championships, tam-o’-shanter cap over his head and Stewart was every bit of a role model. three of them majors. Twice he won rolled up his trousers to knickers May God grant us many more Payne the United States Open. He walked the length, revealing a vibrant pair of ar- Stewarts. By honoring him today, we fairways wearing his trademark knick- gyle socks, a poignant tribute to the express our thanks for his example, and ers and tam o’shanter, commonly distinctive sports clothing Stewart was we offer our prayers and condolences to blending a combination of colors sym- known for wearing. his family for their loss. bolizing the nearest available National At the start of the PGA Tour Cham- Mr. CUMMINGS. Madam Speaker, I Football League team. pionship that Mr. Stewart was sched- yield 5 minutes to the distinguished His many accomplishments on the uled to play in, a bagpipe played the gentleman from American Samoa (Mr. golf course were the building blocks Scottish lament ‘‘Going Home’’. Payne FALEOMAVAEGA). that qualified him to represent this Stewart once said, ‘‘I’m going to a spe- Mr. FALEOMAVAEGA. Madam country in international competition. cial place when I die. But I want to be Speaker, I want to thank the gen- His smooth swing, and controlled, sure my life is special while I’m here.’’ tleman from Maryland for extending steady play were vital to the United Payne Stewart is home now, and his me this time to say a few words in sup- States team’s dramatic come-from-be- life here on Earth was, indeed, special. port of this great American. hind victory in this year’s Ryder Cup Madam Speaker, I reserve the bal- Madam Speaker, I rise today in competition. He took great pride in ance of my time. strong support of this legislation which wearing the red, white, and blue. Mr. MILLER of Florida. Madam honors professional golfer Payne Stew- His widow and two children knew his Speaker, I yield 2 minutes to the gen- art and expresses the heartfelt condo- full devotion. He took pride in his role tleman from Kansas (Mr. RYUN), one lences of our Nation to Payne Stew- as a husband and father, and he pro- Olympian in our United States Con- art’s family upon his tragic death. I vided a model of spirited dedication gress, an Olympic runner. want to commend the gentleman from throughout his life. We welcome this Mr. RYUN of Kansas. Madam Speak- Missouri (Mr. BLUNT), my good friend, opportunity to recognize his life, and er, Payne Stewart’s tragic death for introducing this most worthy meas- to join the many golf fans throughout shocked the United States and the ure. the country in extending our condo- world just 2 short weeks ago. Today, Like many around the world, I was lences to his widow, his children, and the House honors him in a fitting trib- shocked and saddened by the events of his friends. ute to his life. October 25, 2 weeks ago, when the Lear Madam Speaker, I reserve the bal- One does not have to be a golfer to Jet carrying Payne Stewart became ance of my time. know who Payne Stewart was. While disabled and crashed. The accident re- Mr. CUMMINGS. Madam Speaker, I his talent and distinctive style made minds us of how fleeting and uncertain yield myself such time as I may con- him stand out on the course, his love of life can be, no matter what our status sume. family and love of God, involvement in is. Madam Speaker, Payne Stewart, who his community made him stand out as Madam Speaker, although Payne was an 11-time winner of the PGA Tour a wonderful human being. Stewart has left this earthly existence, and stood eighth in the world golf Payne Stewart’s accomplishments his legacy and what his life stood for rankings, died on his way to do what he speak for themselves. He was a member will continue to live on in our memory loved best, died on his way to look at of five Ryder Cup teams, including Sep- and in the annals of sports and history. a field with regard to golf. tember’s winning team. He won 11 pro- As a hacker who loves the game of Payne Stewart was on his way to fessional tournaments in the United golf, and all my colleagues on this side Houston for practice rounds in advance States, including three major golf of the aisle who also love the sport,

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.042 pfrm02 PsN: H08PT1 H11672 CONGRESSIONAL RECORD — HOUSE November 8, 1999 Madam Speaker, I fully appreciate and Stewart and to the families of all those constituents back in Bradenton, Flor- understand how difficult, demanding, who perished with them. ida, and just the photograph and the and frustrating the sport of golf can be, Mr. CUMMINGS. Madam Speaker, I description of that when he gave the especially at the rarefied levels of pro- yield myself such time as I may con- eulogy just conveyed the personality, fessional golf. Therefore, I deeply resume. the warmth, the love that his col- spect the tremendous achievements of Madam Speaker, the gentleman from leagues and all felt for this person. Payne Stewart in winning 11 PGA tour- American Samoa (Mr. FALEOMAVAEGA) House Resolution 344 provides a fit- naments in his shortened career, which and the gentleman from Kansas (Mr. ting commemoration of this exuberant include three major championships, the RYUN) spoke about Payne Stewart’s re- and accomplished professional and pa- PGA in 1989, the U.S. Open in 1991, and ligious faith. It is interesting to note triot. Today, he ranks as the third the U.S. Open this year. that, after the 1998 U.S. Open, when Mr. leading money winner in golf history, Winning even one major champion- Stewart failed to come in first, many but he is at the top of the list in terms ship is considered the pinnacle of excel- did, in fact, accuse him of choking. But of the character and dedication that he lence and the defining moment in a the fact is he did not choke. He just did brought to his wonderful life. professional golfer’s career. It is not not win. I am proud to bring this legislation surprising that an athlete of Payne It is interesting that, after the 1999 to the floor, and I ask for the full sup- Stewart’s brilliance earned this honor U.S. Open, when he did come in first, port of all Members on this resolution. several times. he said something that I think should Mr. McCOLLUM. Madam Speaker, I rise While Payne Stewart’s shot-making become a part of the DNA of every one today to honor and remember one of Amer- and colorful knickers attire attracted a of us. He said, ‘‘I have got to give ica's true professionals and most notable lot of attention, what most impressed thanks to the Lord for giving me the golfers, Payne Stewart. On October 25, 1999, me about Payne Stewart was the class ability to believe in myself. Without America lost a great sportsman and Central and sportsmanship that he showed that peace I have in my heart, I would Florida lost one of it's most beloved citizens. while competing. After his heart- not be sitting here today.’’ Those are However, the memory and legacy of Payne breaking loss in the 1998 U.S. Open in very profound words because those are Stewart continue to live through the contribu- the closing moments due to a bad words of a true champion. tions he made not only in the sports world, but break, a divot lie after a perfect drive So often champions lose and have to also in the Orlando community where he lived. in the fairway, many will remember dust themselves off, get back up, and He was a great golfer for many reasonsÐ that Mr. Stewart held his head high come out the next day. What Mr. Stew- 20 years in the professionals, 3 majors wins, and refused to make excuses in re- art was saying is that, although I may 8 PGA tours, and 7 victories worldwide. None sponse to those that accused him of not have come in first in 1998, I just of us can forget that famous 15-foot birdie putt choking. This year, he answered those thank God for giving me the peace to in the U.S. Open this year which gave him the critics by sinking the longest putt ever continue to believe in myself so that I great victory only a few months ago at Pine- to win the U.S. Open. hurstÐa victory that came as a result of the Madam Speaker, for the past several can come in first in 1999. years, I had hoped, it was like a dream I think that is a lesson that he leaves longest putt in the history of the U.S. Open. But Payne Stewart was much more than a to me, that perhaps someday I might with all of us, for our children, and for great golfer. He was a humanitarian, who held have the honor and privilege of playing our children’s children, and for every- great convictions. In 1983, Payne and his fam- a round with golfer Payne Stewart. He body who plays this wonderful sport would wear his stylistic knickers for called golf, or any other sport for that ily made their home in Orlando in my congres- which he is so famous for, and I would matter, that we must hope and pray sional district. I can tell my colleagues that the wear my Samoan lavalava, an attire that we have the peace, the simple people of Central Florida benefited greatly that looks somewhat like a skirt, but I peace, and the belief in ourselves to al- from Payne's generosity and his warmth and call it the Samoan version of the Scot- ways come back the next day and be compassion for other people. tish kilts that Scotsmen wear when victorious, and even if we are not, just Payne Stewart was more than just a role playing golf at St. Andrews. Since the the idea of knowing that we still have model to the many aspiring young athletes in game of golf originated, it is my under- that peace. our state and across the nation. He was standing, in Scotland, I am surprised With that, it is a great honor that I someone who used the profile he earned on that the great golfer Colin Mont- urge all of my colleagues to support the golf course to make our community a bet- gomery does not wear his kilt when he this legislation. ter place. Just last month, Payne and his wife, plays golf. I suspect that Mr. Stewart Madam Speaker, I yield back the bal- Tracey, gave $500,000 to the First Baptist would have done the same if he had ance of my time. Church of Orlando to be used in part for expansion of the Christian school on the church lived a little longer. b 1600 In September at the Ryder Cup grounds. matches, after the competition had al- Mr. MILLER of Florida. Madam Perhaps his most well-known charitable ready been decided, Payne Stewart Speaker, I yield myself the balance of contribution came back in 1987 when he do- showed class and character again by my time. nated $108,000, his winnings from the Bay Hill conceding a winning putt to his oppo- It is a special honor for me to be here Classic tournament, to the Florida Hospital. nent, Colin Montgomery, who he felt today to present this resolution. As a Those funds went to the Florida Hospital Cir- had endured vicious heckling and Floridian, Payne Stewart lived in the cle of Care home in Altamonte Springs for the taunting all day from overzealous Orlando area. Of course, my home is out-of-town parents of cancer patients. He was American fans. While the conceded over in the Bradenton area, 100 miles someone who truly recognized the joy of giv- shot ensured Payne’s loss in the singles away. The gentleman from Florida (Mr. ing and making a difference in the lives of chil- match, it was a heartfelt gesture of MCCOLLUM) represents Payne Stewart’s dren. class by a true gentleman and a true district and was, unfortunately, unable Payne was also a devoted family man, who American. The act of sportsmanship to be here today because of flight was proud that his faith in God provided him symbolized what Payne Stewart was schedules, but did present something with strength and peace. Though his love for all about, and endeared him to millions on the floor of the House shortly after the game of golf ran deep, his love for his around the world. his death. family ran deeper still. He was a dedicated fa- Madam Speaker, I urge our col- The gentleman from Missouri (Mr. ther and husband. On more than one occa- leagues to join us in this measure hon- BLUNT) also wanted to be here today sion, Payne commented publicly that he most oring Payne Stewart, a great and gen- but, unfortunately as well, due to enjoyed being at home, being a father, making erous man, a man of intense religious flight schedules, was not able to be breakfast, and taking his kids to school. faith, a man of deep family commit- here. He represents Springfield, Mis- I know that many Floridians will miss him ment, a champion and fierce compet- souri, which is the original hometown deeply. Many in Central Florida will miss him, itor, and a loyal and patriotic son of of Payne Stewart, and his death was not only because of his golf career and be- America. especially felt in that community. cause of his wit, but because of his charitable We send our condolences, deepest My colleague from Maryland talked contributions. But a lot will miss him person- condolences to the family of Payne about Paul Azinger, who is one of my ally.

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\K08NO7.047 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11673 But I think the people who are obviously (Mr. MILLER of Florida) that the House ation for admission to the Major League going to miss him most will be his wife, Tra- suspend the rules and agree to the reso- Baseball Hall of Fame; cey, and his two wonderful children, Chelsea lution, House Resolution 344. Whereas ‘‘Shoeless Joe’’ Jackson died in The question was taken. 1951, and 80 years have elapsed since the 1919 and Aaron. Our hearts go out to them, to World Series scandal erupted; Payne's family. He was a great man, a great Mr. MILLER of Florida. Mr. Speaker, Whereas recently, Major League Baseball golfer. His life ended in tragedy, but he gave on that I demand the yeas and nays. Commissioner Bud Selig took an important so much to so many. The yeas and nays were ordered. first step toward restoring the reputation of Although we continue to mourn the loss of The SPEAKER pro tempore. Pursu- ‘‘Shoeless Joe’’ Jackson by agreeing to in- Payne Stewart and his contributions to the ant to clause 8 of rule XX and the vestigate whether he was involved in a con- world of sports, his community and to his fam- Chair’s prior announcement, further spiracy to alter the outcome of the 1919 ily, we are blessed to have been influenced by proceedings on this motion will be World Series and whether he should be eligi- his enthusiasm and love for life, which none of postponed. ble for inclusion in the Major League Base- ball Hall of Fame; and us will soon forget. Payne Stewart is husband, f Whereas it is appropriate for Major League father, golfer and friend who will be long re- Baseball to remove the taint upon the mem- membered and long cherished. EXPRESSING SENSE OF HOUSE ory of ‘‘Shoeless Joe’’ Jackson and honor his Mr. BURTON of Indiana. Madam Speaker, THAT JOSEPH JEFFERSON outstanding baseball accomplishments: Now, Payne Stewart transcended the game of golf ‘‘SHOELESS JOE’’ JACKSON BE therefore, be it and will always be a timeless symbol of ath- APPROPRIATELY HONORED FOR Resolved, That it is the sense of the House letic talent, spirited competition, and a role OUTSTANDING BASEBALL AC- of Representatives that Joseph Jefferson COMPLISHMENTS ‘‘Shoeless Joe’’ Jackson should be appro- model as a Christian gentleman. priately honored for his outstanding baseball That's why I'm proud to join my colleague Mr. TERRY. Mr. Speaker, I move to accomplishments. from Missouri, Congressman BLUNT, in spon- suspend the rules and agree to the reso- The SPEAKER pro tempore. Pursu- soring H. Res. 344, a resolution recognizing lution (H. Res. 269) expressing the sense ant to the rule, the gentleman from and honoring Payne Stewart, and expressing of the House of Representatives that Nebraska (Mr. TERRY) and the gen- the condolences of the House of Representa- Joseph Jefferson ‘‘Shoeless Joe’’ Jack- tleman from Maryland (Mr. CUMMINGS) tives to his family, and the families of the other son should be appropriately honored will each control 20 minutes. victims who perished in the October 25th for his outstanding baseball accom- The Chair recognizes the gentleman plane crash. plishments. from Nebraska (Mr. TERRY). At the age of 42, and while experiencing the The Clerk read as follows: GENERAL LEAVE best year as a professional golfer in his life, H. RES. 269 Mr. TERRY. Mr. Speaker, I ask unan- U.S. Open Champion Payne Stewart, a de- Whereas Joseph Jefferson ‘‘Shoeless Joe’’ imous consent that all Members may voted father and husband, tragically was killed Jackson, a native of Greenville, South Caro- have 5 legislative days in which to rein a plane crash along with Van Arden, Steph- lina, and a local legend, began his profes- vise and extend their remarks on this anie Bellegarrigue, Bruce Borland, Robert sional career and received his nickname legislation, House Resolution 269. Fraley, and Michael Kling. while playing baseball for the Greenville The SPEAKER pro tempore. Is there Payne Stewart, attired in plus-fours and a Spinners in 1908; objection to the request of the gen- tam o'shanter hat was one of the most indomi- Whereas ‘‘Shoeless Joe’’ Jackson moved to tleman from Nebraska? table personalities in the game of golf. the Philadelphia Athletics for his major There was no objection. He made history when he won his second league debut in 1908, to Cleveland in 1910, and Mr. TERRY. Mr. Speaker, I yield my- to the Chicago White Sox in 1915; U.S. Open sinking the longest putt ever to win Whereas ‘‘Shoeless Joe’’ Jackson’s accom- self such time as I may consume. the U.S. Open in the tournament's 105-year plishments throughout his 13-year career in Mr. Speaker, I rise in support of history. professional baseball were outstanding—he House Resolution 269. I would like to As a member of the U.S. Ryder Cup team, was one of only seven Major League Baseball thank my distinguished colleagues he displayed his patriotism and pride for his players to ever top the coveted mark of a .400 from South Carolina, the delegation, country, and his sportsmanship in helping lead batting average for a season, and he earned for their interest in American baseball the U.S. team to victory. a lifetime batting average of .356, the third history and their sense of justice in at- Payne Stewart was more than just a role highest of all time; tempting to restore Shoeless Joe Jack- model to many aspiring athletes in the United Whereas ‘‘Shoeless Joe’’ Jackson’s career record makes him one of our Nation’s top son’s place that his performance on the States. baseball players of all time; field earned him. He truly recognized the joy of giving and Whereas in 1919, the infamous ‘‘Black Sox’’ I would also like to thank the chair- making a difference in the lives of children. scandal erupted when an employee of a New man of the Committee on Government He donated his winner's check from the York gambler allegedly bribed eight players Reform, who recognized the timeliness 1987 Bay Hill Invitational to the Florida Hos- of the Chicago White Sox, including Joseph of this measure and expedited this op- pital Circle of Friends to aid the families of Jefferson ‘‘Shoeless Joe’’ Jackson, to throw portunity for consideration before the cancer patients. the first and second games of the 1919 World House today. Just last year, Payne Stewart and his wife Series to the Cincinnati Reds; The resolution is presented 80 years Whereas in September 1920, a criminal after the World Series in which the donated $500,000 to the first Foundation, the court acquitted ‘‘Shoeless Joe’’ Jackson of fundraising arm of the First Baptist Church of the charge that he conspired to throw the Chicago White Sox lost to the Cin- Orlando, to be used for the expansion of a 1919 World Series; cinnati Redlegs. During that series, Christian school. Whereas despite the acquittal, Judge Joe Jackson had the highest batting In the most recent years of his life, Payne Kenesaw Mountain Landis, baseball’s first average on either team, set a World Se- Stewart devoted his life to his family and his commissioner, banned ‘‘Shoeless Joe’’ Jack- ries record by collecting 12 hits, includ- faith in God. son from playing Major League Baseball for ing the only home run on either team, Payne Stewart's love for America was a life without conducting any investigation of and was not charged with a single error great credit to the game of golf and to our Jackson’s alleged activities, issuing a sum- on the field. mary punishment that fell far short of due Shoeless Joe Jackson remains an country. process standards; I urge my colleagues to join me in extending Whereas the evidence shows that Jackson American icon, a perennial symbol of a the House of Representatives' deepest condo- did not deliberately misplay during the 1919 young man who unknowingly became lences to Payne Stewart's family, and to the World Series in an attempt to make his team involved in the intrigues that sur- families of Robert Fraley, Van Arden, Michael lose the World Series; rounded his activities. On the field, Kling, Stephanie Bellegarrigue, and Bruce Whereas during the 1919 World Series, Shoeless Joe Jackson’s records speak Borland. Jackson’s play was outstanding—his batting for themselves. Only Ty Cobb and Rog- Mr. MILLER of Florida. Mr. Speaker, average was .375 (the highest of any player ers Hornsby’s surpassed his 356 lifetime I have no further requests for time, and from either team), he set a World Series batting average. His 13-year career record with 12 hits, he committed no errors, I yield back the balance of my time. and he hit the only home run of the series; with the Philadelphia Athletics and The SPEAKER pro tempore (Mr. GIB- Whereas because of his lifetime ban from the Chicago White Sox provided a BONS). The question is on the motion Major League Baseball, ‘‘Shoeless Joe’’ background of consistent accomplish- offered by the gentleman from Florida Jackson has been excluded from consider- ments.

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.017 pfrm02 PsN: H08PT1 H11674 CONGRESSIONAL RECORD — HOUSE November 8, 1999 Shoeless Joe Jackson was never con- participating in the 1919 Chicago White even the poorest American, with hard victed of a crime. In fact, found not Sox gambling scandal. In 1921, Jackson work, can end up at the top of the guilty. Nevertheless, when Judge was acquitted of all charges and left world. Kenesaw Mountain Landis became the courtroom an innocent man. How- Shoeless Joe worked his way from Commissioner of Baseball, he used ever, despite three attempts by his being a poor, illiterate mill worker, Shoeless Joe Jackson and his seven home State of South Carolina, Joe which is where he started, to becoming teammates to demonstrate the firm- Jackson was never reinstated. one of the best baseball players of all ness of his commitment to the integ- The only interview Joe Jackson con- time. No one who has lived that Amer- rity in our national pastime. He im- ducted regarding the Chicago White ican dream and achieved so much posed a lifetime ban from baseball Sox scandal was in the 1949 edition of should be stripped of his honor and his where the courts could not act. Sport Magazine. In the article, entitled dignity and his livelihood without due Shoeless Joe Jackson died in 1951, ‘‘This Is the Truth,’’ Joe Jackson process, even without a hearing. When having endured more than 30 years the maintains his innocence and states, ‘‘I this can happen to one of us, it can exile that baseball imposed upon him. have never made any request to be re- happen to any one of us. His records remain on the books and instated in baseball, and I have never Mr. Speaker, I introduced House Res- his level of accomplishments far exceed made any campaign to have my name olution 269, along with the entire the feats that earn today’s baseball cleared in the baseball records. This is South Carolina delegation, earlier this players millions of dollars. not a plea of any kind. This is just my summer. This resolution simply states Americans are people whose fairness story. I am telling it simply because it that Shoeless Joe Jackson should be can allow them to recognize these seems 30 years after the World Series, appropriately honored for his out- great accomplishments without in any the world may want to hear what I standing baseball accomplishments. way compromising the standards of ex- have to say.’’ He goes on to say, ‘‘Base- This resolution has gathered broad sup- cellence and integrity that we must de- ball failed to keep faith with me. When port from both political parties. It is mand at the highest levels of any pro- I got notice of my suspension 3 days fitting that even in the tension of these fession. Shoeless Joe Jackson has after the 1920 season, it read that if last days in Congress that we pause and earned a place among the immortals of found innocent of any wrongdoing, I find common ground in paying tribute the baseball world, and this resolution would be reinstated. If found guilty, I to a hero of our great national pastime. While there are important issues to provides a fitting opportunity for this would be banned for life. I was found consider and to complete before we fin- House to remember the accomplish- innocent, and I was still banned for ish Congress’ session, it is worthy of ments of his excellent career. life.’’ It would seem that you are inno- this body to take a few minutes to Mr. Speaker, I reserve the balance of cent until proven guilty in a court of stand up for fairness and to right an my time. law, but not in baseball. old wrong by honoring a baseball leg- Mr. CUMMINGS. Mr. Speaker, I yield The South Carolina delegation re- end. As most baseball fans know, myself such time as I may consume. cently sent a letter to baseball com- Shoeless Joe Jackson was one of the Mr. Speaker, it is interesting to hear missioner Alan Selig to have outfielder greatest baseball players ever to play the tales that have been spun about Joe Jackson posthumously reinstated. Shoeless Joe Jackson. Called one of the the game. They have also introduced this resolu- The people of my district are very fa- saddest figures ever to play baseball, tion, expressing the sense of the House miliar with Shoeless Joe, since he grew Joe Jackson was reported to be an illit- to appropriately honor Joseph Jeffer- up playing baseball in the mill leagues erate country boy who only knew how son Jackson. I urge my colleagues to in Greenville, and he spent the last to play baseball. join me and the South Carolina delega- part of his life in that city as well. As it turns out, Joe Jackson died a tion in supporting this resolution. It is While he could not read or write early, successful businessman at age 61, earn- time for the truth to be told. and he only learned to sign his name ing between $50,000 to $100,000 a year. Mr. Speaker, I reserve the balance of later in life, as has already been point- During an interview, Jackson is quoted my time. ed out, Shoeless Joe was very smart, in as saying, ‘‘All the big sports writers Mr. TERRY. Mr. Speaker, I yield addition to being a great baseball play- seemed to enjoy writing about me as such time as he may consume to the er. Throughout his life he never tired an ignorant cotton-mill boy with noth- gentleman from South Carolina (Mr. of teaching kids to play the game he ing but lead where my brains ought to DEMINT), the author of this resolution. loved. There is even a baseball park be. That was fine with me. I was able Mr. DEMINT. Mr. Speaker, I thank named after him in Greenville where to fool a lot of pitchers and managers both gentlemen for their wonderful re- kids play his game today. There is also and club owners I wouldn’t have been marks. a revitalization effort in a poor neigh- able to fool if they’d thought I was Mr. Speaker, some might ask why, borhood in my town named in his mem- smarter.’’ with all the important issues, prob- ory to improve everyone’s life there. How and why Shoeless Joe Jackson lems, and challenges that this Congress And if anyone would like to see some of got his name is exaggerated. One day, faces, why consider and vote on a reso- his memorabilia, we have some pic- after getting blisters from his new lution about a man who played base- tures and other information in my of- baseball cleats, Jackson played one ball 80 years ago and who has been dead fice. game in his stocking feet. One game. almost 50 years? Why is he important Those unfamiliar with Shoeless Joe Not a season and not because he could to me today and why should he deserve have heard some of the facts, but let not afford to buy cleats, as is widely the attention of the American people me recount some of his amazing ac- reported. today? complishments. Of his hitting, Babe Then, there is the well-known re- I am speaking of Joseph Jefferson Ruth once said, ‘‘I decided to pick out frain, ‘‘Say it ain’t so, Joe,’’ that sup- Jackson, Shoeless Joe to those who are one of the greatest hitters to watch posedly took place after Jackson was familiar with baseball. He is important and to study, and Jackson was good arrested for conspiring to throw the because he is here today in spirit ask- enough for me.’’ Joe Jackson batted 408 1919 World Series. As the story goes, a ing for justice. America has learned the his rookie year, a feat which has never boy approached Joe and pleaded, ‘‘Say hard lesson that when injustice can been equaled. He has the third highest it ain’t so Joe,’’ and Joe replied, ‘‘Yes, prevail upon one of us, it is a threat to batting average of all time, behind kid, I’m afraid it is.’’ As Jackson would all of us. So our consideration today is only Ty Cobb and Roger Hornsby’s 689. later tell it, that tale is just that. not only about injustice against one Over a 10-year period, he never hit There was no kid, and no arrest. Char- man, it is about protecting justice for below 300. lie Owens, a reporter with the Chicago everyone. Daily Times made the story up and And while we believe that our efforts b 1615 published it. today will be good for baseball, Amer- His fielding skills in the outfield What is the truth about Joe Jackson? ica’s favorite pastime, we are equally were legendary, and his glove was He was a rising baseball star until he convinced that our efforts will protect named ‘‘the place where triples go to was banned from baseball for allegedly the American Dream, the dream that die.’’

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.050 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11675

Unfortunately, while these are Hall nocence in the only way he could, with DEMINT) and the South Carolina dele- of Fame numbers, Shoeless Joe is not his bat and glove. gation and many others merely want in the baseball Hall of Fame. His bat is For my colleagues’ information, Fox to right a wrong and give someone there. His uniform is there. His shoes News did an excellent two-part review their due. are there. But he is not. This is be- of the case just a month ago. I have a And clearly, ‘‘Shoeless’’ Joe Jackson cause, in 1920, ‘‘Shoeless’’ Joe was copy of the tape if anyone would like has earned, has earned, the right to be banned from playing baseball for life to see it. appropriately honored as the resolu- by the Commissioner for allegations In July, Ted Williams, Tommy tion states. LaSorda, and Bob Feller filed a peti- that he took part in the infamous So I want to thank the gentleman ‘‘Black Sox’’ scandal, allegedly throw- tion with Commissioner Selig. That petition does not ask Major League Base- from South Carolina (Mr. DEMINT) and ing the 1919 World Series. In that Se- I want to thank the South Carolina ries, a group of New York gamblers ball to exonerate ‘‘Shoeless’’ Joe or even to endorse his candidacy in the delegation because I think what we are bribed a number of players on the Chi- attempting to do here today sends a cago White Sox to throw the Series to Hall of Fame. To quote the petition: ‘‘Those issues are moot as he served a clear message that, when we see wrong, Cincinnati. we will do what we can to right it. It When the news came out in 1920, the very difficult sentence over a long period. The Commissioner of Baseball is may be many, many years later, but we new Commissioner of Baseball, Com- can bet our bottom dollar that there is missioner Landis, acted swiftly. In a merely asked to acknowledge that ‘Shoeless’ Joe has fully paid his debt to someone who is looking at what we are summary judgment, without an inves- doing and saying that they admire us tigation, the Commissioner banned 8 society and to the game, that he satisfied the sentence of the first Commis- for taking up the time, we can be doing players on the White Sox from ever a whole lot other things, but they are playing Major League baseball again. sioner with dignity and humility and without rancor. Because he has ful- taking up the time to make sure that ‘‘Shoeless’’ Joe was included in the a wrong is made right. ban. filled his sentence, Baseball has no fur- While he insisted on his innocence all ther call or jurisdiction over ‘Shoeless’ And so, with that, I want to thank the way to his death bed, ‘‘Shoeless’’ Joe.’’ the gentleman from Indiana (Mr. BUR- Joe served out his sentence with dig- I believe this petition provides Major TON), chairman of our committee, and nity and honor and without rancor. League Baseball with a graceful and the gentleman from California (Mr. Recently, a number of baseball he- dignified way to finally let the issue WAXMAN), our ranking member, and I roes, including Ted Williams, Bob rest and to let ‘‘Shoeless’’ Joe receive want to thank the gentleman from Ne- Feller, and Tommy LaSorda have the honor he has long deserved. braska (Mr. TERRY), and I want to taken up the cause of restoring the Today, the Mayor of Greenville, Knox thank certainly the gentleman from honor of ‘‘Shoeless’’ Joe. This is a White, added his support by sending to Florida (Mr. SCARBOROUGH) in his ab- cause that has long been championed the Commissioner a petition with 10,000 sence, the chairman of our sub- in ‘‘Shoeless’’ Joe’s hometown of names signed from my home district, committee. Greenville. all pleading with the Commissioner to The fact is that I think that this is a I had a chance this morning to talk give Joe his rightful due. very, very good resolution. I urge all of with Ted Williams myself. What a The resolution which I have placed my colleagues to vote in favor of it. thrill. He said he will continue to fight before the House today on behalf of the Mr. Speaker, I yield back the balance for ‘‘Shoeless’’ Joe until his last day, people in my district and baseball fans of my time. everywhere simply states that and he thanked all of us in Congress Mr. TERRY. Mr. Speaker, I yield my- who are going to bat for Joe today. ‘‘Shoeless’’ Joe Jackson should be ap- I am not going to debate whether or propriately honored for his outstanding self the balance of my time. not the Commissioner’s verdict was the baseball accomplishments. Commis- Mr. Speaker, House Resolution 269 right thing to do. He made his decision sioner Selig has agreed to review the provides a fitting commemoration of and never reviewed it, despite the fact matter, and I have been following the his accomplishments as a professional that Jackson was acquitted of partici- review process carefully. baseball player. We applaud the stellar pating in the fix twice, once in 1920 by I appreciate the Commissioner’s will- performance of Joseph Jefferson Jack- a friendly Chicago jury, and once in ingness to review this matter, and I un- son on the field and call upon all Amer- 1924 by an impartial jury in Milwaukee. derstand a decision is imminent. I am icans to recognize his 13 years of excel- In fact, the jurors in Milwaukee were absolutely confident that a fair and im- lence. asked in a special interrogatory wheth- partial review will result in ‘‘Shoeless’’ In a generous spirit, we encourage er ‘‘Shoeless’’ Joe had conspired or par- Joe finally being allowed to receive the professional Baseball to provide ticipated in the fix of the Series. The honor he has long deserved and which ‘‘Shoeless’’ Joe Jackson the honors he answer was an emphatic no. he displayed throughout his life. fully deserves. I am also not going to debate if Jack- Mr. Speaker, on his death bed, I ask the full support of all Members son was given money. According to the ‘‘Shoeless’’ Joe said, ‘‘I am about to of this resolution. story, ‘‘Shoeless’’ Joe’s roommate, meet the biggest umpire of them all, Mr. Speaker, I yield back the balance Lefty Williams, left $5,000 for Jackson and he knows I’m innocent.’’ of my time. on his bed. Whatever the debate, four Fifty years after his death and 80 The SPEAKER pro tempore (Mr. GIB- things are clear. years after the infamous Series, and First, ‘‘Shoeless’’ Joe tried to give after the most unfair judgment, it is BONS). The question is on the motion the money back before the Series start- time for Baseball to right a wrong and offered by the gentleman from Ne- ed but was rebuffed. restore the honor of a good man. braska (Mr. TERRY) that the House sus- Second, ‘‘Shoeless’’ Joe tried to in- I was born in Greenville, South Caro- pend the rules and agree to the resolu- form the owner of the White Sox of the lina, the same year ‘‘Shoeless’’ Joe tion, H. Res. 269. fix, but the owner refused to see him. died just about a mile from where he The question was taken; and (two- Third, ‘‘Shoeless’’ Joe offered to sit died. I am glad to be a small part in thirds having voted in favor thereof) out the Series but was again rebuffed. this process today, and I hope all of my the rules were suspended and the reso- Fourth, and most notably, colleagues will join me in supporting lution was agreed to. ‘‘Shoeless’’ Joe played to win. He led this resolution. A motion to reconsider was laid on all players by hitting .375, and he had Mr. CUMMINGS. Mr. Speaker, I yield the table. the only homerun in the Series. His myself such time as I may consume. fielding was flawless, throwing out sev- Mr. Speaker, I want to thank the f eral men at home plate. He set a World gentleman from South Carolina (Mr. Series record with 12 hits, and he com- DEMINT) for his comments in shedding RECESS bined with Buck Weaver, the other additional light on the life of player who was unfairly punished, for ‘‘Shoeless’’ Joe Jackson. The SPEAKER pro tempore. Pursu- 13 hits, a record that stood for 60 years. I think the thing that comes through ant to clause 12 of rule I, the Chair de- I have no doubt of ‘‘Shoeless’’ Joe’s clearly, Mr. Speaker, is that the gen- clares the House in recess until ap- innocence. In the end, he proved his in- tleman from South Carolina (Mr. proximately 6 p.m.

VerDate 29-OCT-99 04:20 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.053 pfrm02 PsN: H08PT1 H11676 CONGRESSIONAL RECORD — HOUSE November 8, 1999 Accordingly (at 4 o’clock and 24 min- Dicks Klink Reynolds NOT VOTING—51 Dingell Knollenberg Rivers Aderholt Gillmor Owens utes p.m.), the House stood in recess Dixon Kolbe Roemer Armey Granger Pascrell until approximately 6 p.m. Doggett Kucinich Rogan Berman Hansen Price (NC) Dooley Kuykendall Rogers f Bishop Herger Ramstad Doolittle LaFalce Rohrabacher Blagojevich Hinchey Riley Doyle LaHood Ros-Lehtinen b Blunt Hoekstra Rodriguez 1800 Dreier Lampson Rothman Bono Jefferson Rush Duncan Lantos Roukema Callahan Kilpatrick Sanford AFTER RECESS Dunn Larson Roybal-Allard Calvert Largent Scarborough Royce The recess having expired, the House Edwards Latham Carson Lewis (GA) Sessions Ryan (WI) Ehlers LaTourette Chenoweth-Hage Meeks (NY) Stenholm was called to order by the Speaker pro Ryun (KS) Ehrlich Lazio Cook Menendez Thomas tempore (Mr. GIBBONS) at 6 p.m. Sabo Emerson Leach Cox Miller, Gary Tiahrt Salmon Engel Lee Crane Moakley Tierney f Sanchez English Levin Everett Nadler Walsh Sanders Eshoo Lewis (CA) Fowler Neal Watts (OK) ANNOUNCEMENT BY THE SPEAKER Sandlin Etheridge Lewis (KY) Frost Olver Wise PRO TEMPORE Evans Linder Sawyer Saxton The SPEAKER pro tempore. Pursu- Ewing Lipinski b 1823 Farr LoBiondo Schaffer ant to clause 8 of rule XX, the Chair Fattah Lofgren Schakowsky So (two-thirds having voted in favor will now put the question on each mo- Filner Lowey Scott Sensenbrenner thereof) the rules were suspended and tion to suspend the rules on which fur- Fletcher Lucas (KY) the resolution was agreed to. Foley Lucas (OK) Serrano ther proceedings were postponed ear- Forbes Luther Shadegg The result of the vote was announced lier today in the order in which that Ford Maloney (CT) Shaw as above recorded. motion was entertained. Fossella Maloney (NY) Shays Sherman A motion to reconsider was laid on Votes will be taken in the following Frank (MA) Manzullo Franks (NJ) Markey Sherwood the table. order: Frelinghuysen Martinez Shimkus Stated for: Shows H. Res. 94, by the yeas and nays; Gallegly Mascara Shuster Mr. THOMAS. Mr. Speaker, on rollcall No. Ganske Matsui H.R. 2904, by the yeas and nays; and Simpson 574, had I been present, I would have voted Gejdenson McCarthy (MO) H. Res. 344, by the yeas and nays. Sisisky Gekas McCarthy (NY) ``yea.'' Skeen The Chair will reduce to 5 minutes Gephardt McCollum Mrs. FOWLER. Mr. Speaker, on rollcall No. Skelton the time for any electronic vote after Gibbons McCrery Slaughter 574, I was unavoidably detained. Had I been Gilchrest McDermott the first vote in this series. Smith (MI) present, I would have voted ``yes.'' Gilman McGovern Smith (NJ) f Gonzalez McHugh Smith (TX) f Goode McInnis Smith (WA) RECOGNIZING GENEROUS CON- Goodlatte McIntosh Snyder ANNOUNCEMENT BY THE SPEAKER TRIBUTION BY LIVING PERSONS Goodling McIntyre Souder PRO TEMPORE WHO HAVE DONATED A KIDNEY Gordon McKeon Spence Goss McKinney The SPEAKER pro tempore (Mr. GIB- TO SAVE A LIFE Spratt Graham McNulty Stabenow BONS). Pursuant to clause 8 of rule XX, The SPEAKER pro tempore. The Green (TX) Meehan Stark Green (WI) Meek (FL) the Chair will reduce to 5 minutes the pending business is the question of sus- Stearns Greenwood Metcalf Strickland time for electronic voting on each ad- pending the rules and agreeing to the Gutierrez Mica Stump ditional motion to suspend the rules on resolution, H. Res. 94. Gutknecht Millender- Stupak which the Chair has postponed further Hall (OH) McDonald The Clerk read the title of the resolu- Sununu proceedings. Hall (TX) Miller (FL) Sweeney tion. Hastings (FL) Miller, George Talent f The SPEAKER pro tempore. The Hastings (WA) Minge Tancredo question is on the motion offered by Hayes Mink Tanner OFFICE OF GOVERNMENT ETHICS Hayworth Mollohan the gentleman from Virginia (Mr. BLI- Tauscher REAUTHORIZATION ACT Hefley Moore Tauzin LEY) that the House suspend the rules Hill (IN) Moran (KS) Taylor (MS) The SPEAKER pro tempore. The Hill (MT) Moran (VA) and agree to the resolution, H. Res. 94, Taylor (NC) pending business is the question of sus- on which the yeas and nays are or- Hilleary Morella Terry Hilliard Murtha Thompson (CA) pending the rules and passing the bill, dered. Hinojosa Myrick Thompson (MS) H.R. 2904, as amended. The vote was taken by electronic de- Hobson Napolitano Thornberry The Clerk read the title of the bill. vice, and there were—yeas 382, nays 0, Hoeffel Nethercutt Thune Holden Ney The SPEAKER pro tempore. The not voting 51, as follows: Thurman Holt Northup Toomey question is on the motion offered by [Roll No. 574] Hooley Norwood Towns the gentleman from New York (Mr. Horn Nussle YEAS—382 Traficant MCHUGH) that the House suspend the Hostettler Oberstar Turner Abercrombie Boehlert Clyburn Houghton Obey Udall (CO) rules and pass the bill, H.R. 2904, as Ackerman Boehner Coble Hoyer Ortiz Udall (NM) amended, on which the yeas and nays Allen Bonilla Coburn Hulshof Ose Upton are ordered. Andrews Bonior Collins Hunter Oxley Velazquez Archer Borski Combest Hutchinson Packard Vento This is a 5-minute vote. Bachus Boswell Condit Hyde Pallone Visclosky The vote was taken by electronic de- Baird Boucher Conyers Inslee Pastor Vitter vice, and there were—yeas 386, nays 1, Baker Boyd Cooksey Isakson Paul Walden not voting 46, as follows: Baldacci Brady (PA) Costello Istook Payne Wamp Baldwin Brady (TX) Coyne Jackson (IL) Pease Waters [Roll No. 575] Ballenger Brown (FL) Cramer Jackson-Lee Pelosi Watkins YEAS—386 Barcia Brown (OH) Crowley (TX) Peterson (MN) Watt (NC) Barr Bryant Cubin Jenkins Peterson (PA) Waxman Abercrombie Bass Borski Barrett (NE) Burr Cummings John Petri Weiner Ackerman Bateman Boswell Barrett (WI) Burton Cunningham Johnson (CT) Phelps Weldon (FL) Allen Becerra Boucher Bartlett Buyer Danner Johnson, E. B. Pickering Weldon (PA) Andrews Bentsen Boyd Barton Camp Davis (FL) Johnson, Sam Pickett Weller Archer Bereuter Brady (PA) Bass Campbell Davis (IL) Jones (NC) Pitts Wexler Bachus Berkley Brady (TX) Bateman Canady Davis (VA) Jones (OH) Pombo Weygand Baird Berry Brown (FL) Becerra Cannon Deal Kanjorski Pomeroy Whitfield Baker Biggert Brown (OH) Bentsen Capps DeFazio Kaptur Porter Wicker Baldacci Bilbray Bryant Bereuter Capuano DeGette Kasich Portman Wilson Baldwin Bilirakis Burr Berkley Cardin Delahunt Kelly Pryce (OH) Wolf Ballenger Bishop Burton Berry Castle DeLauro Kennedy Quinn Woolsey Barcia Bliley Buyer Biggert Chabot DeLay Kildee Radanovich Wu Barr Blumenauer Camp Bilbray Chambliss DeMint Kind (WI) Rahall Wynn Barrett (NE) Boehlert Campbell Bilirakis Clay Deutsch King (NY) Rangel Young (AK) Barrett (WI) Boehner Canady Bliley Clayton Diaz-Balart Kingston Regula Young (FL) Bartlett Bonilla Cannon Blumenauer Clement Dickey Kleczka Reyes Barton Bonior Capps

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.055 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11677 Capuano Hill (MT) Moran (VA) Taylor (MS) Upton Weller [Roll No. 576] Cardin Hilleary Morella Taylor (NC) Velazquez Wexler Castle Hilliard Murtha Terry Vento Weygand YEAS—389 Chabot Hinojosa Myrick Thompson (CA) Visclosky Whitfield Abercrombie Dreier Knollenberg Chambliss Hobson Napolitano Thompson (MS) Vitter Wicker Ackerman Duncan Kolbe Clay Hoeffel Nethercutt Thornberry Walden Wilson Aderholt Dunn Kucinich Clayton Holden Ney Thune Wamp Wolf Allen Edwards Kuykendall Clement Holt Northup Thurman Waters Woolsey Andrews Ehlers LaFalce Clyburn Hooley Norwood Toomey Watkins Wu Archer Ehrlich LaHood Coble Horn Nussle Towns Watt (NC) Wynn Bachus Emerson Lampson Coburn Hostettler Oberstar Traficant Waxman Young (AK) Baird Engel Lantos Collins Houghton Obey Turner Weiner Young (FL) Baker English Larson Combest Hoyer Olver Udall (CO) Weldon (FL) Baldacci Eshoo Latham Condit Hulshof Ortiz Udall (NM) Weldon (PA) Baldwin Etheridge LaTourette Conyers Hunter Ose Ballenger Evans Lazio Cooksey Hutchinson Oxley NAYS—1 Barcia Everett Leach Costello Hyde Packard Paul Barr Ewing Lee Coyne Inslee Pallone Barrett (NE) Farr Levin Cramer Isakson Pastor NOT VOTING—46 Barrett (WI) Fattah Lewis (CA) Crowley Istook Payne Aderholt Hansen Ramstad Bartlett Filner Lewis (KY) Cubin Jackson (IL) Pease Armey Hinchey Riley Barton Fletcher Linder Cummings Jackson-Lee Pelosi Berman Hoekstra Rodriguez Bass Foley Lipinski Cunningham (TX) Peterson (MN) Blagojevich Jefferson Rush Bateman Forbes LoBiondo Danner Jenkins Peterson (PA) Blunt Kilpatrick Sanford Bentsen Ford Lofgren Davis (FL) John Petri Bono Largent Scarborough Bereuter Fossella Lowey Davis (IL) Johnson (CT) Phelps Callahan Lewis (GA) Sessions Berkley Fowler Lucas (KY) Davis (VA) Johnson, E. B. Pickering Calvert Meeks (NY) Stenholm Berry Frank (MA) Lucas (OK) Deal Johnson, Sam Pickett Carson Menendez Thomas Biggert Franks (NJ) Luther DeFazio Jones (NC) Pitts Chenoweth-Hage Miller, Gary Tiahrt Bilbray Frelinghuysen Maloney (CT) DeGette Jones (OH) Pombo Cook Moakley Tierney Bilirakis Frost Maloney (NY) Delahunt Kanjorski Pomeroy Cox Nadler Walsh Bishop Gallegly Manzullo DeLauro Kaptur Porter Crane Neal Watts (OK) Bliley Ganske Markey DeLay Kasich Portman Everett Owens Wise Blumenauer Gejdenson Martinez DeMint Kelly Pryce (OH) Fowler Pascrell Boehlert Gekas Mascara Deutsch Kennedy Quinn Granger Price (NC) Boehner Gephardt Matsui Diaz-Balart Kildee Radanovich Bonilla Gibbons McCarthy (MO) Dickey Kind (WI) Rahall Bonior Gilchrest McCarthy (NY) Dicks King (NY) Rangel b 1832 Borski Gillmor McCollum Dingell Kingston Regula Boswell Gilman McCrery Dixon Kleczka Reyes So (two-thirds having voted in favor Boucher Gonzalez McDermott Doggett Klink Reynolds thereof) the rules were suspended and Boyd Goode McGovern Dooley Knollenberg Rivers the bill, as amended, was passed. Brady (PA) Goodlatte McHugh Doolittle Kolbe Roemer Brady (TX) Goodling McInnis Doyle Kucinich Rogan The result of the vote was announced Brown (FL) Gordon McIntosh Dreier Kuykendall Rogers as above recorded. Brown (OH) Goss McIntyre Duncan LaFalce Rohrabacher The title of the bill was amended so Bryant Graham McKeon Dunn LaHood Ros-Lehtinen Burr Green (TX) McKinney Edwards Lampson Rothman as to read: ‘‘A bill to amend the Ethics Burton Greenwood McNulty Ehlers Lantos Roukema in Government Act of 1978 to reauthor- Buyer Gutierrez Meehan Ehrlich Larson Roybal-Allard ize funding for the Office of Govern- Callahan Gutknecht Meek (FL) Emerson Latham Royce Camp Hall (OH) Metcalf Engel LaTourette Ryan (WI) ment Ethics, and to clarify the defini- Campbell Hall (TX) Mica English Lazio Ryun (KS) tion of a ‘special Government em- Canady Hastings (FL) Millender- Eshoo Leach Sabo ployee’ under title 18, United States Cannon Hastings (WA) McDonald Etheridge Lee Salmon Code.’’. Capps Hayes Miller (FL) Evans Levin Sanchez Capuano Hayworth Miller, George Ewing Lewis (CA) Sanders A motion to reconsider was laid on Cardin Hefley Minge Farr Lewis (KY) Sandlin the table. Castle Herger Mink Fattah Linder Sawyer Chabot Hill (IN) Mollohan Filner Lipinski Saxton Stated for: Chambliss Hill (MT) Moore Fletcher LoBiondo Schaffer Mr. THOMAS. Mr. Speaker, on rollcall No. Clay Hilleary Moran (KS) Foley Lofgren Schakowsky 575, had I been present, I would have voted Clayton Hilliard Moran (VA) Forbes Lowey Scott Clement Hinchey Morella Ford Lucas (KY) Sensenbrenner ``yea.'' Clyburn Hinojosa Murtha Fossella Lucas (OK) Serrano Mrs. FOWLER. Mr. Speaker, on rollcall No. Coble Hobson Myrick Frank (MA) Luther Shadegg 575, I was unavoidably detained. Had I been Coburn Hoeffel Napolitano Franks (NJ) Maloney (CT) Shaw Collins Holden Nethercutt Frelinghuysen Maloney (NY) Shays present, I would have voted ``yes.'' Combest Holt Ney Frost Manzullo Sherman Condit Hooley Northup Gallegly Markey Sherwood f Conyers Horn Norwood Ganske Martinez Shimkus Cooksey Hostettler Nussle Gejdenson Mascara Shows Costello Houghton Oberstar Gekas Matsui Shuster EXPRESSING THE CONDOLENCES Coyne Hoyer Obey Gephardt McCarthy (MO) Simpson Cramer Hulshof Olver Gibbons McCarthy (NY) Sisisky OF HOUSE OVER PAYNE STEW- Crowley Hunter Ortiz Gilchrest McCollum Skeen ART’S DEATH Cubin Hutchinson Ose Gillmor McCrery Skelton Cummings Hyde Oxley Gilman McDermott Slaughter The SPEAKER pro tempore (Mr. GIB- Cunningham Inslee Packard Gonzalez McGovern Smith (MI) BONS). The pending business is the Danner Isakson Pallone Goode McHugh Smith (NJ) question of suspending the rules and Davis (FL) Istook Pastor Goodlatte McInnis Smith (TX) Davis (IL) Jackson (IL) Paul Goodling McIntosh Smith (WA) agreeing to the resolution, H. Res. 344. Davis (VA) Jackson-Lee Payne Gordon McIntyre Snyder The Clerk read the title of the resolu- Deal (TX) Pease Goss McKeon Souder tion. DeFazio Jenkins Pelosi Graham McKinney Spence DeGette John Peterson (MN) Green (TX) McNulty Spratt The SPEAKER pro tempore. The Delahunt Johnson, E. B. Peterson (PA) Green (WI) Meehan Stabenow question is on the motion offered by DeLauro Johnson, Sam Petri Greenwood Meek (FL) Stark the gentleman from Florida (Mr. MIL- DeLay Jones (NC) Phelps Gutierrez Metcalf Stearns DeMint Jones (OH) Pickering Gutknecht Mica Strickland LER) that the House suspend the rules Deutsch Kanjorski Pickett Hall (OH) Millender- Stump and agree to the resolution, H. Res. 344, Diaz-Balart Kaptur Pitts Hall (TX) McDonald Stupak on which the yeas and nays are or- Dickey Kasich Pombo Hastings (FL) Miller (FL) Sununu dered. Dicks Kelly Pomeroy Hastings (WA) Miller, George Sweeney Dingell Kennedy Porter Hayes Minge Talent This will be a 5-minute vote. Dixon Kildee Portman Hayworth Mink Tancredo The vote was taken by electronic de- Doggett Kind (WI) Pryce (OH) Hefley Mollohan Tanner Dooley King (NY) Quinn Herger Moore Tauscher vice, and there were—yeas 389, nays 0, Doolittle Kingston Radanovich Hill (IN) Moran (KS) Tauzin not voting 44, as follows: Doyle Klink Rahall

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.022 pfrm02 PsN: H08PT1 H11678 CONGRESSIONAL RECORD — HOUSE November 8, 1999 Rangel Shows Thurman APPOINTMENT OF CONFEREES ON Sergeant Timbrook’s death has Regula Shuster Toomey Reyes Simpson Towns H.R. 2116, VETERANS’ MILLEN- shocked and saddened the entire north- Reynolds Sisisky Traficant NIUM HEALTH CARE ACT ern Shenandoah Valley. More than Riley Skeen Turner Mr. STUMP. Mr. Speaker, pursuant 3,000 people attended his funeral last Rivers Skelton Udall (CO) Thursday, many of whom were law en- Roemer Slaughter Udall (NM) to clause 1 of rule XXII, and by the di- Rogan Smith (MI) Upton rection of the Committee on Veterans’ forcement officers from all over the Rogers Smith (NJ) Velazquez Affairs, I move to take from the Speak- area and around the country. Accord- Rohrabacher Smith (TX) Vento ing to news reports, he may be the first Ros-Lehtinen Smith (WA) Visclosky er’s table the bill (H.R. 2116) to amend Rothman Snyder Vitter title 38, United States Code, to estab- Winchester police officer to have been Roukema Souder Walden lish a program of extended care serv- shot and killed in the line of duty. Roybal-Allard Spence Wamp ices for veterans and to make other im- Ricky was 32 years old. He and his Royce Spratt Waters wife Kelly had just completed the con- Ryan (WI) Stabenow Watkins provements in health care programs of Ryun (KS) Stark Watt (NC) the Department of Veterans Affairs, struction of a new home. They were ex- Sabo Stearns Waxman with Senate amendments thereto, dis- pecting their first child, a boy, who is Salmon Strickland Weiner agree to the Senate amendments, and due on Christmas Day. Sanchez Stump Weldon (FL) He joined the Winchester Police De- Sanders Stupak Weldon (PA) agree to the conference asked by the Sandlin Sununu Weller Senate. partment almost 8 years ago. Just over Sawyer Sweeney Wexler The SPEAKER pro tempore. The a year ago, he was promoted to ser- Saxton Talent Weygand geant in charge of a brand-new depart- Schaffer Tancredo Whitfield question is on the motion offered by Schakowsky Tanner Wicker the gentleman from Arizona (Mr. ment, the Special Enforcement Team. Scott Tauscher Wilson STUMP). I want to extend my deepest condo- Sensenbrenner Tauzin Wolf The motion was agreed to. lences to Sergeant Timbrook’s family Serrano Taylor (MS) Woolsey as we pay tribute to him and to law en- Shadegg Taylor (NC) Wu The SPEAKER pro tempore. Without Shaw Terry Wynn objection, the Chair appoints the fol- forcement officers and their families Shays Thompson (CA) Young (AK) everywhere who routinely go into Sherman Thompson (MS) Young (FL) lowing conferees: Messrs. STUMP, SMITH of New Jersey, QUINN, STEARNS, EVANS, harm’s way to protect us. Sherwood Thornberry My father was a police officer on the Shimkus Thune Ms. BROWN of Florida, and Mr. DOYLE. There was no objection. streets of Philadelphia and I know the NOT VOTING—44 worry a police officer’s family can feel f Armey Hoekstra Price (NC) when a husband, father, brother, or son Becerra Jefferson Ramstad b 1845 goes out the door each day to begin Berman Johnson (CT) Rodriguez Blagojevich Kilpatrick Rush ONGOING DISCUSSIONS ON SOCIAL their tour of duty. Blunt Kleczka Sanford SECURITY According to the National Law En- Bono Largent Scarborough forcement Officers Memorial Fund, Calvert Lewis (GA) Sessions (Mr. SMITH of Michigan asked and Carson Meeks (NY) Stenholm more than 14,000 officers have died Chenoweth-Hage Menendez Thomas was given permission to address the while performing their duties. On aver- Cook Miller, Gary Tiahrt House for 1 minute and to revise and age, one law enforcement officer is Cox Moakley Tierney extend his remarks.) killed somewhere in America every Crane Nadler Walsh Mr. SMITH of Michigan. Mr. Speak- Granger Neal Watts (OK) other day, and an average of 160 offi- Green (WI) Owens Wise er, a very brief comment regarding our cers die in the line of duty every year. Hansen Pascrell future on social security. Mr. Speaker, I include for the We have approximately eight pro- RECORD an obituary about Sergeant b 1840 posals now introduced that have been Timbrook and an editorial which ap- scored by the Social Security Adminis- peared in the Winchester Star Novem- So (two-thirds having voted in favor tration to keep social security solvent ber 2, 1999, as follows: thereof) the rules were suspended and for at least the next 75 years. As we [From The Winchester Star, Nov. 2, 1999] the resolution was agreed to. move forward in these last several IN THE LINE OF DUTY—IN POLICEMAN’S DEATH, The result of the vote was announced days, and as we break for the rest of ALL ARE DIMINISHED as above recorded. November and into December, I would A motion to reconsider was laid on It says something about the quality of life suggest very strongly that each Mem- here in the northern Valley that, before the the table. ber of the Congress meet with the peo- horrific events of last Friday night, it had Stated for: ple back home, talk to them about the been more than 60 years since a local law en- Mr. THOMAS. Mr. Speaker, on roll- importance of social security, about forcement officer had fallen in the line of call No. 576, had I been present, I would the complications of solving social se- duty. However, it also says something about have voted ‘‘yea.’’ curity, and about our efforts to have a today’s society that even here, in our largely good beginning by not spending the so- peaceful corner of the world, violence can cial security surplus. erupt and snatch from us the life of a fine f young officer. To accommodate $9 trillion of un- The slaying of Sgt. Ricky Lee Timbrook funded liability, $9 trillion that needs PERSONAL EXPLANATION should prompt us to pause and reflect not to be accommodated in order to keep merely on the utter fragility of our worldly Ms. KILPATRICK. Mr. Speaker, due to offi- social security going, it is very impor- existence, but on the tenuous line on which cial business in the 15th Congressional District tant that these discussions continue. our social contract rests. The primary rea- of Michigan, I was unable to record my votes f son people, down through the ages, have for rollcall Nos. 574, 575, and 576 considered formed communities is for reasons of mutual today in the U.S. House of Representatives. TRIBUTE TO SERGEANT RICKY comfort and security. This contract, of TIMBROOK course, entails a provision for public protec- Had I been present, I would have voted `àye'' tion—i.e. the police. The presence of the men on rollcall No. 574, H. Res. 94, Recognizing (Mr. WOLF asked and was given per- and women ensured with that protection— the Generous Contribution made by Each Liv- mission to address the House for 1 the fabled ‘‘thin blue line’’—quietly assures ing Person Who has Donated a Kidney to minute and to revise and extend his re- us that the social contract is being enforced. Save a Life, `àye'' on rollcall No. 575, To marks.) Thus, when one of these officers—one of Amend the Ethics in Government Act of 1978 Mr. WOLF. Mr. Speaker, I want to these men and women who take an oath ‘‘to to Reauthorize Funding for the Office of Gov- pay tribute today to a young man who serve and protect’’ us—falls in the perform- ernment Ethics and `àye'' on rollcall No. 576, was a policeman in Winchester, Vir- ance of this essential duty, we as a commu- ginia, which is in my district, who was nity feel it. First and foremost, of course, we H. Res. 344, Recognizing and Honoring feel for the man himself, because we know he Payne Stuart and Expressing the Condolences shot and killed on Friday night, Octo- died so that we might live free from the wor- of the House of Representatives to His Family ber 29. Sergeant Ricky Timbrook was ries daily addressed by our men and women on his Death and to the Families of Those killed as he was chasing a suspect down in blue. And, to be sure, we feel for his loved Who Died With Him. the street. ones—particularly a baby, yet unborn, who

VerDate 29-OCT-99 03:34 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.018 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11679 will never know its father—and for his fellow cation and mathematics and science in you literally cannot find a good job un- officers, to whom the awful knowledge is our Nation. I have deep concerns about less you have a good grounding in math hammered home anew that they live on the the current status of math and science and science. proverbial edge, that violence awaits their education in this Nation. It is going to get worse. I have made kind with every routine call, that death walks closer to them than to the rest of us. First of all, I believe currently it is predictions on this floor that in 20 However, our tranquility, too, is shattered, inadequate. I say this for several rea- years, it will be impossible to find a in the knowledge that one of the exemplary sons. Mr. Speaker, as I was stating, the good job without a good foundation in people we pay to step forward and protect us Third International Mathematics and math and science. I have to revise that, has been taken from our midst. We grieve be- Science Study, which was conducted a because last week I attended a talk at cause Ricky Timbrook no longer rides in his few years ago, indicated that we were the Capitol here by John Chambers, patrol car through our streets, and no longer near the bottom of those nations and CEO of CISCO Systems, an Internet walks the streets of this town. developed countries teaching mathe- By all accounts, Sgt. Timbrook was a fine company. It is clear to me that I have policeman, but an even better man, one to matics and science in their high to revise my estimate downward and whom we confidently entrusted our security. schools, near the bottom. say in 10 years people will not be able We at The Star knew him not only in his Some say, well, it is not so bad, we to get a really good job without a good role as a crimefigther, but also as the were not that far below the others. I grounding in mathematics, science, en- schools’ DARE officer, the crew-cut police- say it is terrible. With the resources gineer, and technology. So workplace man who one day, two years ago, posed hap- that this country has and with the high readiness is another good reason. pily for a photo with the winner of DARE quality of students this Nation has, it The third reason is to simply produce program’s annual essay contest. Others, of is inexcusable for us to be near the bot- better consumers and citizens of this course, knew him better—as husband, son, tom, or at the bottom. We should be brother, friend, and comrade. Nation, people who understand math And so, in his untimely death, we are all not only at the top, but far and away and science, so they can evaluate diminished—and immeasurably saddened. the best Nation in this world in terms claims in the marketplace about of our educational effort. health products or health supplements, SERGEANT RICKY L. TIMBROOK Mr. Speaker, the second reason I say or that they can vote better about Ricky Lee Timbrook, age 32, of 2876 Shef- we are not doing well in mathematics projects that involve science and the field Court, Winchester, Virginia died Satur- and science education is simply by environment, and that they can elect day, October 30, 1999 in the Winchester Med- looking at the tests administered by leaders who have shown that they un- ical Center. the States. When we look at these tests derstand these issues and will vote in- Mr. Timbrook was born October 5, 1967 in and look at the test scores, we find telligently on issues involving math, Winchester, Virginia, the son of Richard that in reading a typical average for a Timbrook and Kitty Stotler Timbrook of science, technology, engineering, the Bloomery, West Virginia. He was a sergeant State might be in the seventies, and for environment, and so forth. with the Winchester Police Department some of the other subjects in that area, How are we going to improve math where he had been employed for eight years. and for science we are down in the 30 and science education? I think three He attended the Grace Evangelical Lutheran percent, even for some of the better major points: better teachers, or better Church of Winchester and was a member of States, and as low as 10 percent in trained teachers, I should say; better the Winchester Fraternal Order of Police some of the others. These are not pass- curricula; and improved methods of Lodge. He was a graduate of Fairmont State ing grades and they never have been in teaching science. College where he received a Bachelor of Busi- our school system. We must improve. ness degree in Criminal Justice. I will take just a minute to discuss Mr. Timbrook married Kelly L. Wisecarver A third indication that we are not each of those. I will address those later on July 27, 1997 in Winchester, Virginia. doing the job well is that we do not in more detail in another talk. We have Surviving with his wife and parents, is a have enough engineers and scientists to make sure we recruit good teachers, sister, Kimberly Hundson of Capon Bridge, to do the job in this country. How do I because we are not recruiting enough West Virginia. know? Because we issue H(1)(b) visas today, we have to make sure they are A funeral service will be conducted at 11:00 every year to allow scientists and engi- trained properly, and we have to keep a.m. on Thursday, November 4, 1999 at Sa- neers from other countries to emigrate them. We have to make sure they do cred Heart of Jesus Catholic Church in Win- into this country to help us out. Annu- chester with the Pastor James H. Utt, Pastor not get discouraged. We have to help Jeffrey D. May officiating. Interment will be ally, it is in the neighborhood of 100,000 them get the job done in the classroom. in Mount Hebron Cemetery. each, and usually that quota is used up We have to improve our science cur- Pallbearers will be Kevin Bowers, Matthew well before the end of the year. We are ricula. Right now it is a hodgepodge. Sirbaugh, Robert Ficik, Frank Pearson, Ju- importing scientists and engineers, Recently the American Association for lian Berger and Alex Beeman. asking them to emigrate to this coun- the Advancement of Science studied The family will receive friends at Omps try for this purpose. Clearly, we are middle school curricula. Every middle Funeral Home on Wednesday evening from not producing enough of our own. 7:00 p.m. until 9:00 p.m. school science curriculum in the The final indication that we are not United States was judged to be inad- Memorial contributions may be made to doing the job with math and science the Ricky L. Timbrook Children’s Outreach equate, every single one. The only one Fund, c/o Chief Gary W. Reynolds, 126 N. education in our K through 12 system that was regarded as acceptable, and Cameron Street, Winchester, Virginia 22601. is that when we visit our grad schools, mildly acceptable, was one put out by f graduate education in mathematics, Michigan State University, and that is science, and engineering, we find that, SPECIAL ORDERS only a partial curriculum. in general, over half of the students are The final point is methodology. We The SPEAKER pro tempore (Mr. GIB- from other countries. Our students are have to improve our way, our methods BONS). Under the Speaker’s announced not able to compete for grad school en- of teaching science. As I said, I will ad- policy of January 6, 1999, and under a trance with students of other nations. dress these issues in a later talk. previous order of the House, the fol- I think we have to improve our math lowing Members will be recognized for and science education. Why? For the f 5 minutes each. reasons I gave above, but also because, TRIBUTE TO FIVE U.S. SOLDIERS f first of all, we have to make sure we have enough scientists and engineers in WHO DIED IN THE PLANE CRASH CALLING FOR IMPROVEMENT IN this country so that we can keep our OF JULY 23, 1999, IN COLOMBIA MATH AND SCIENCE EDUCATION economic growth strong and meet the The SPEAKER pro tempore. Under a IN AMERICA needs of our citizens. previous order of the House, the gen- The SPEAKER pro tempore. Under a There are other reasons as well. It is tleman from Texas (Mr. REYES) is rec- previous order of the House, the gen- not just producing good scientists and ognized for 5 minutes. tleman from Michigan (Mr. EHLERS) is engineers, but a second main reason is Mr. REYES. Mr. Speaker, on July 23 recognized for 5 minutes. what I call workplace readiness. We a U.S. Army reconnaissance plane on a Mr. EHLERS. Mr. Speaker, I rise this have reached the point in our society counterdrug mission crashed in the evening to discuss the issue of edu- and in many developed nations that jungles of Colombia. It killed all on

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.032 pfrm02 PsN: H08PT1 H11680 CONGRESSIONAL RECORD — HOUSE November 8, 1999 board. There were five U.S. Army sol- becca, and survived by two children, producers at a competitive disadvan- diers and two Colombian air crewmen Matthew and Emily. tage to our counterparts in other coun- on this aircraft. The fourth soldier whom we honor tries. During this week, when we honor our tonight is specialist Timothy Bruce U.S. farmers know that we need Nation’s veterans, I wanted to pay trib- Cluff. Specialist Cluff was born in trade agreements. In fact, one out of ute to the five U.S. soldiers who died in Mesa, Arizona. During high school he every 3 acres in the United States is that crash. These five individuals were achieved the high range of Eagle Scout produced for export. We have to have husbands, a wife, parents, and children. in the Boy Scouts of America. trade agreements, but trade agree- They have paid the ultimate sacrifice In 1997, he enlisted in the Army, and ments for trade agreements’ sake are for this Nation, and we must not forget it was apparent almost immediately unacceptable. We have to have fair what their families have sacrificed, as that he would be an outstanding sol- trade agreements. Trade agreements well. dier. Specialist Cluff proved to be a that leave our farmers and ranchers at The five soldiers whom we honor to- highly skilled analyst and was selected a disadvantage, as they have in the night were part of a special military as a mission supervisor based on his ex- past, are not fair. intelligence battalion, the 204th, which emplary performance. This outstanding This is not a partisan issue. This has recently moved from Panama and Flor- soldier is survived by his wife, Meggin, been a bipartisan failure on the part of ida to Fort Bliss, which is located in and his two young children, Maciah administrations to negotiate fair trade my district. They were flying a recon- and Ryker. Meggin is also today ex- agreements for our farmers and ranch- naissance mission over Colombia in a pecting her third child. ers. Over 80 percent of the world’s ex- specially-equipped aircraft. The last soldier was specialist Ray E. port subsidies are employed by the Eu- The first soldier was Captain Jen- Krueger II. Specialist Krueger was born ropean Union. This is unfair. World nifer Odom. The pilot of the ARL, the in Leavenworth, Kansas, and graduated trade tariffs average 50 percent, while aircraft which crashed in Colombia was from The Colony High School. Krueger in the United States, they average 10 Captain Jennifer Odom. She was born was an outstanding soldier in many percent. This is unfair. in Frederick, Maryland, in 1970, and ways. For example, this young man not That is why the upcoming WTO min- graduated from West Point in 1992. only excelled as a crew member in the isterial rounds that take place later After graduating from flight school, aircraft, but he also scored the highest this month and early in December in Captain Odom spent 2 years in Stutt- possible level on the Army’s physical Seattle are so important to agri- gart, Germany, flying senior ranking fitness test, and qualified as an expert culture. I was pleased to be a co-chair government officials and general offi- with the M–16 rifle. and am pleased to be a co-chair with cers throughout Europe. Specialist Krueger leaves his wife, the gentleman from North Dakota (Mr. After completing her military intel- Briana Krueger, who was also assigned POMEROY), Senator DORGAN of North ligence training, she joined the 204th to the 204th MI battalion, and who re- Dakota, and Senator CRAIG of Idaho, to MI battalion as an executive officer of cently has left the Army to return to chair the WTO trade caucus for ranch- D company. She was scheduled to take civilian life. ers and farmers. command of D Company in August. Tonight I want the husbands, wives, We have over 50 of this caucus, Mem- Captain Odom was an experienced children, and parents of these brave bers of both parties, Members of the pilot, having flown well over 2,000 soldiers to know that we in Congress House and Senate, that have been hours in military aircraft, including are thinking of them, and we want to meeting for the last several weeks try- 300 hours as a pilot in command of this thank them for the sacrifices which ing to decide what the priorities of this particular aircraft. they have made for this country. God Congress are that we must address in She leaves her husband, Charles bless each and every one of them: Cap- Seattle. We have met among ourselves Odom, and her two children, Charles, tain Odom, Captain Santiago, Chief and discussed these issues. We have age 15, and Daniel, age 11. Warrant Officer Moore, Specialist met with producer groups to discuss The other officer on the aircraft was Cluff, and Specialist Krueger. the issues, to identify those things that Captain Jose Anthony Santiago. Cap- This country owes them all the grati- are important, that we must address tain Santiago was born in New York tude, especially during this week when during the upcoming rounds of the City in 1962. He enlisted in the Army in we celebrate and pay tribute to our WTO negotiations. 1984, and after 7 years, was commis- veterans. b 1900 sioned as an air defense artillery offi- f cer. He later moved into military intel- Several of those things we have de- ligence and excelled in every aspect of U.S. TRADE POLICIES WITH RE- veloped, and let me go through some of the job. In light of his accomplishment, SPECT TO AGRICULTURE HARM the important issues that we think the battalion commander selected Cap- U.S. FARMERS AND RANCHERS must be addressed during this round of tain Santiago to command the Head- The SPEAKER pro tempore. Under a the WTO. quarters and Service Company of the previous order of the House, the gen- Market access. We have to expand 204th. tleman from Idaho (Mr. SIMPSON) is market access through tariff reduction During the past year, his company recognized for 5 minutes. or elimination. Export subsidies need has done an excellent job in supporting Mr. SIMPSON. Mr. Speaker, the U.S. to be eliminated. We need to reduce the six deployments in South America. economy is strong, with unemployment European subsidies to a level provided Captain Santiago was also a senior low, interest rates low, inflation low, by the United States before applying army parachutist and a jump master. the Dow and the NASDAQ outper- any formula reductions. In the past, He is survived by his wife Cynthia and forming our wildest expectations. the European Union has higher sub- his two children, Christiana and Laura. In spite of this strong economy, there sidies than the United States and our Along with Captain Odom, Chief War- is one sector of our economy which is negotiations have reduced them pro- rant Officer 2 Thomas G. Moore was in a depressed state and has been in a portionally. But when one group has a the second pilot in the aircraft. CW2 depressed state for the last 3 years. high tariff or subsidy level and another Moore was born in Englewood, Cali- That is agriculture. For a variety of has a lower and they are reduced pro- fornia, in 1967. He joined the Army in reasons, agriculture is suffering. portionally, America is still left at a 1988 after attending the U.S. Army Air Whether it is the Asian financial crisis, competitive disadvantage. We must Force Academy. the strong dollar, the regulatory bur- bring those to a level playing field be- After serving as a Bradley fighting dens that we place on our farmers, all fore any formula reductions. vehicle commander during Desert of these things are adding to the crisis We must have no unilateral disar- Storm, CW2 Moore was selected for the in agriculture. mament when it comes to agriculture. warrant officer training program and Yet, there is one thing that is adding We have to combat unfair trade prac- attended army flight school. He served to it even more than these. That is the tices and restore and strengthen en- with the 204th MI battalion since 1996. U.S.’s trade policies as they relate to forcement tools against them. We have CW2 Thomas Moore was married to Re- agriculture, that have left agricultural to improve the enforcement of the

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.066 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11681 WTO dispute panel decisions. Currently standards? No. Does Mexico have road- right move by starting the process of when those decisions are made, there side inspections? No. Does Mexico have withdrawing from NAFTA altogether. are times when our competitors will safety rating systems? No. Does Mexico Until then, the horrors of Mexican not abide by the dispute resolution. have medical certification of drivers? trucks will just be another in the long We have to support family farms. No. litany of NAFTA injustices to the Preserve the flexibility to assist team Simply put, Mexico does not have United States of America and to its farmers through income assistance, any oversight of their trucking indus- citizens. crop insurance and other programs try, yet they want the United States to f that do not distort trade. We have to allow their unregulated, unsafe Mexi- retain the full complement of nontrade can trucks which weigh up to 106,000 PRESIDENT SHOULD NOT GRANT distorting export tools including ex- pounds, well over the U.S. limit of CLEMENCY FOR LEONARD port credit guarantees, international 80,000 pounds, to barrel down our high- PELTIER food assistance, and market develop- ways and byways. In fact, the reason The SPEAKER pro tempore. Under a ment programs. We have to be sure and they did not send a representative is previous order of the House, the gen- establish disciplines on State trading that they are upset that President tleman from Ohio (Mr. OXLEY) is recog- enterprises to make them as trans- Clinton dare hint that he will not allow nized for 5 minutes. parent as the United States’ marketing Mexican trucks into the USA as of Mr. OXLEY. Mr. Speaker, the month system is. January 1. of November has been designated Na- And nontariff trade barriers, we have Well, Mr. Speaker, Mexico is upset tive American Heritage Month, a time to ensure that science and risk assess- that we will not let their mammoth in which to honor the positive con- ment principles established by the San- 106,000-pound unsafe trucks and unsafe tributions of our Nation’s earlier in- itary and Phytosanitary Accord during drivers into the USA. I say unsafe be- habitants. I was disturbed to learn the Uruguay Round are the basis for cause of the less than 1 percent of then that November has already been measures applied to products of new Mexican trucks and Mexican drivers designated Leonard Peltier Freedom technology and that this process is inspected at the border, over 40 percent Month by a group pressing for his re- transparent. We also have to negotiate have failed inspections and were placed lease from Leavenworth Federal Peni- improved market access for products of out of service. In addition, according to tentiary. new technology including bioengi- a new report from the Department of Because of the publicity surrounding neered products. Transportation’s Inspector General, this case, we should all be familiar Mr. Speaker, we have met with our over 250 Mexican motor carriers have with its details: Leonard Peltier is U.S. Trade Ambassador Charlene traveled illegally beyond the NAFTA serving two consecutive life sentences Barshevsky and our Secretary of Agri- border zone. Therefore, Mexican trucks for the cold-blooded murder of two FBI culture Dan Glickman and I am pleased and drivers have proved to be unsafe agents on South Dakota’s Pine Ridge to report that the administration has lawbreakers. Indian Reservation in 1975. But it is told us that their highest priority in The Inspector General concluded in important that we review the facts of the upcoming round is agriculture. his report that, ‘‘Adequate mechanisms the case separating them from the And, in fact, when they look at their are not in place to control access of myths that have arisen over the years, priorities and place them against ours, Mexico-domiciled motor carriers into especially as Peltier’s supporters are they almost mirror the importance of the United States.’’ To ensure that petitioning the White House for clem- the priorities that we have. Mexican motor carriers comply with ency for this convicted killer. So I am pleased that the administra- U.S. statutes, the Inspector General On June 26, 1975, FBI Special Agents tion is taking agriculture as an impor- suggested that, among other methods, Ronald A. Williams and Jack R. Coler tant negotiation during this WTO fines should be increased for illegal ac- entered the Jumping Bull Compound of round that will start in Seattle. We tivities. Well, Mr. Speaker, under a the Pine Ridge Reservation pursuing a cannot leave this round of the WTO House-passed bill, we have done just man in connection with an assault on with ag at a competitive disadvantage. that. two young ranchers in nearby f H.R. 2679, the Motor Carrier Safety Manderson, South Dakota. Act, increases fines up to $10,000 and a One of the three people in the vehicle NAFTA PRESENTS ITS OWN Y2K possible disqualification for a first- the agents were pursuing was Leonard PROBLEM time offense, and up to $25,000 with a 6- Peltier, a fugitive from justice wanted The SPEAKER pro tempore. Under a month disqualification for a second for the attempted murder of a police previous order of the House, the gen- offense. officer in Milwaukee. Peltier and his tleman from Illinois (Mr. LIPINSKI) is The previous fine was only $500 to associates stopped their vehicle recognized for 5 minutes. $1,000 and even the Inspector General abruptly and opened fire on the two Mr. LIPINSKI. Mr. Speaker, I rise to stated as such, motor carriers are like- agents. Surprised, outmanned, and continue the litany of charges against ly to consider the fines to be simply a outgunned, Agents Williams and Coler NAFTA. As we face the end of the mil- cost of doing business. were severely wounded in this barrage lennium, NAFTA presents its own Y2K Hopefully, the Senate will take up of gunfire. Agent Coler was hit in the problem: January 1, 2000, crossborder the measure that includes the House- right arm, the force of the bullet near- trucking provisions of NAFTA are ex- passed provisions so that Mexican ly tearing it off. He fell unconscious pected to allow Mexican trucks to trucks cannot regard the now measly within moments. Agent Williams, al- enter free and clear into the United penalty as a cost of just doing business. though hit in the left shoulder and States. A close look into the situation Of course, Mexico is not happy about right foot, tore off his own shirt in the makes NAFTA’s Y2K problem quite the increased fines and they and others midst of this chaos and fashioned a upsetting. claim that this is a violation of tourniquet around his partner’s arm. At a recent National Transportation NAFTA. Excuse me, Mr. Speaker, but Ambushed, the two agents lay help- Safety Board hearing on this issue, since when is a fine of illegal activities less, completely at the mercy of their Mexico refused to send a representa- a violation of anything? Mexico vio- assailants. Peltier and the other two tive. Canadian and American rep- lates our laws and they say we violate gunmen, though, would not be showing resentatives appeared, but Mexico was NAFTA? any mercy to these law enforcement of- a no-show. Clearly, Mexican trucks should not ficers that day. They walked down to Well, if they happen to have come to be allowed into the U.S. and President where the two agents lay dying after this meeting they would have learned Clinton was right in telling the team- this horrendous assault. Agent Wil- how far they are behind Canada and sters that he will not open the borders liams, kneeling on the ground with his the United States in oversight and to Mexican trucks come January 1. hand out as if to surrender was shot di- regulations. Well, that might be the first right rectly in the face. He died instantly. Does Mexico have log books? No. move President Clinton has made re- Peltier’s group turned on the still un- Does Mexico have vehicle maintenance garding NAFTA. He can make another conscious Agent Coler. They shot them

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.068 pfrm02 PsN: H08PT1 H11682 CONGRESSIONAL RECORD — HOUSE November 8, 1999 twice in the head with a shotgun at about respect for the law and law en- There are several reasons for the de- close range and both men died in- forcement officers. cline in export sales. They include the stantly. I call on the President to see through financial crisis in Asia. Despite signs of An examination of the crime scene the myth that has built up around recovery, we continue to see sales lag- revealed that Agents Williams and Leonard Peltier and recognize that ging in this region, not rehabilitated to Coler were only able to fire five shots Peltier is trying to manipulate emo- what they were prior to the crisis. in defense. Peltier and his men by con- tions and use political issues to gain an Strong worldwide production has fur- trast left more than 125 bullet holes in undeserved release. The President owes ther depressed exports and, in turn, de- the agent’s vehicles. at least that much to the families of pressed the prices for our ag commod- After these vicious murders, Peltier these slaughtered heroes. ities. fled the reservation and was put on the f In addition to these market forces, FBI’s Ten Most Wanted List. Five however, American farmers are on the months later, he was spotted hiding in ADVANCING THE INTERESTS OF losing end of export sales because of an an RV by a state trooper in Oregon. AMERICAN FAMILY FARMERS IN unlevel playing field in the inter- Peltier fired at the officer and fled WTO TRADE NEGOTIATIONS national market. Around the world, once again. Investigators found The SPEAKER pro tempore. Under a our American farmers are not just Peltier’s fingerprints on a bag under- previous order of the House, the gen- competing with farmers of other coun- neath the RV’s front seat. Inside the tleman from North Dakota (Mr. POM- tries in other parts of the world rel- bag was Agent Coler’s revolver, stolen EROY) is recognized for 5 minutes. ative to their own exports. We are com- from him in the bloodbath 5 months Mr. POMEROY. Mr. Speaker, I rise peting against their governments as earlier. this evening as cochair of the WTO well as they subsidize unfairly their ex- Peltier escaped into Canada, where Trade Caucus for Farmers and Ranch- port market. he was ultimately arrested by the ers to discuss the importance of the up- The crops grown by American farm- Royal Canadian Mounted Police. Con- coming ministerial talks in Seattle ers face, on average, a tariff rate of 50 firming beyond a doubt his cold-blood- and the next round of multilateral percent in foreign markets compared ed mentality, he said that if he had trade negotiations. to just 10 percent on what ag products known that the officers were about to Mr. Speaker, I am pleased to be face entering our market. With respect arrest him, he would have ‘‘blown them joined by my cochair, the gentleman to export subsidies, the European out of their shoes.’’ from Idaho (Mr. SIMPSON) who pre- Union accounts for 85 percent of world Mr. Speaker, those are not the words sented earlier on this very topic. We export subsidies. of a candidate for clemency. Leonard also have across our membership in the Just take a look at my second chart Peltier’s heinous crimes are not the ac- task force a bipartisan, bicameral this evening. The blue reflects Euro- tions of a candidate for clemency. Yet group of more than 50 members who pean exports. Our slender 2 percent Peltier’s supporters are confident that are committed to advancing the inter- compared to their 85 percent of world the President will pardon this mur- ests of family farmers in trade negotia- export subsidies reveals just why our derer, pointing to his pardon of the tions. exports are not performing and why FALN terrorists earlier this year. The agriculture economy is in dire our ag exports are on the losing end of These supporters would have us be- straits. American farmers are reeling the present trading situation. lieve that Peltier is being held un- from the twin evils of production loss In addition to export subsidies, we justly, that he was framed because he caused by natural disasters and price know that state trading enterprises is Native American. They have politi- collapse caused by depressed export like the Canadian Wheat Board use cized the case, bringing in liberal Hol- sales and strong global production. their monopoly status to engage in dis- lywood actors who glorify Peltier and criminatory and secretive pricing prac- b 1915 refer to the slain agents, Williams and tices to undercut U.S. producers. Coler, as ‘‘faceless soldiers’’ sent by the The crisis in agriculture demands a Now, to build the momentum nec- government. They have elevated this multifaceted response from Congress, essary to tackle these unfair trade thug, calling him a leader of his people, ranging from emergency assistance, practices, the gentleman from Idaho further dishonoring the law enforce- crop insurance reform, safety net re- (Mr. SIMPSON) and I formed the WTO ment officers he killed and dishonoring form, and expanding international Trade Caucus for Farmers and Ranch- Native American heritage as well. trade. It is this last issue of expanding ers. The 50-plus members of our group, Our legal system has ruled again and trade that I will discuss this evening. House Members, Senators, Republicans again that Leonard Peltier is a killer. Perhaps no sector of the American and Democrats, developed a list for ag- The Supreme Court refused to review economy is any more dependent on riculture trade objectives for the up- his case, and a parole board ruled in trade than agriculture. The United coming round including the elimi- 1993 that Peltier be denied parole for States is the single largest exporter of nation of export subsidies, cutting and, the next 15 years. FBI Director Louis ag products in the world. On average, when possible, eliminating tariffs, and Freeh is on record saying that ‘‘[t]here the crops on one out of three acres in imposing transparency and market dis- should be no commutation of his two the United States are exported. Many cipline on State trading enterprises. life terms in prison.’’ commodities are even more dependent Our list of objectives was derived In a recent letter to his supporters, on foreign sales, such as wheat, 1 out of from concerns we have heard from the Peltier makes reference to the ‘‘many 2 acres is exported; sunflower oil, 3 out farmers we represent as well as the years’’ of his life that have been ‘‘sto- of 4 acres of which is exported. Given commodity groups themselves. This len.’’ To this day, he remains oblivious the share of farm income that depends list serves three important purposes. to the fact that he stole many years of on foreign markets, American farmers Going into the Seattle round, it signals life from the two agents he killed. Jack cannot succeed and prosper without ro- what the United States Congress be- Coler was 28, Ron Williams was 27 and bust export sales. lieves it must have out of this round. a father of a 4-year-old son. They were Now, unfortunately, the export mar- Now, our views are important beat the beginning of what promised to ket for agriculture has been anything cause, unlike other systems where the be long and successful careers in law but robust. In fact, the value of U.S. Government may cut the deal and that enforcement. They were cut down at agriculture exports has fallen from $60 is the end of it, whatever comes out of the prime of their lives by a coward billion in 1996 to a projected $49 billion this round will be brought back to Con- who has shown no remorse. this year, a decline of nearly 20 gress for approval, and we intend to Mr. Speaker, as my colleagues know, percent. make sure that these objectives are I was also a FBI special agent and I am Look at this chart. It tells a very sad met. appalled that Leonard Peltier has cho- tale. It is a small wonder we have had f sen to exploit Native Americans for his that incredible depression in our ag The SPEAKER pro tempore (Mr. own selfish purposes. This is not about economy with the export record like FLETCHER). Under a previous order of ethnicity, it is about murder. It is that. the House, the gentleman from Indiana

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(Mr. BURTON) is recognized for 5 a little disillusioned, a little bit cyn- lina of Prague, happy anniversary and minutes. ical about our own democratic process thank you for showing with your cour- (Mr. BURTON of Indiana addressed in this Nation. So I went to central Eu- age that there are some causes and the House. His remarks will appear rope a few months after the resolu- ideals greater than oneself worth risk- hereafter in the Extensions of tions, lived out of a backpack, and ing everything for. May freedom and Remarks.) traveled throughout the capitals of liberty continue to flourish throughout f central Europe to see these changes central Europe. first hand. f MAY FREEDOM AND LIBERTY CON- While traveling there, I met the real TINUE TO FLOURISH THROUGH- GOOD TIME FOR CONGRESS TO heroes of the revolution. People who OUT CENTRAL EUROPE REASSESS ANTITRUST LAWS restored my hope for the institutions The SPEAKER pro tempore. Under a of democracy. They were students The SPEAKER pro tempore. Under a previous order of the House, the gen- about my age who were on the front previous order of the House, the gentleman from Wisconsin (Mr. KIND) is lines of the demonstrations, literally tleman from Texas (Mr. PAUL) is recog- recognized for 5 minutes. staring down the barrel of guns and So- nized for 5 minutes. Mr. KIND. Mr. Speaker, I rise tonight viet-made tanks, not knowing if they Mr. PAUL. Mr. Speaker, by now, the to commemorate the 10th anniversary were going to succeed or suffer another Microsoft antitrust case should have this week of one of the most astound- Prague Spring like in 1968 or Budapest caught every Member’s attention. This ing events of the 20th century, the colin 1956. is a good time for Congress to reassess lapse of the Berlin Wall on November 9, History later showed that in the case the antitrust laws. 1989, and the collapse of Communism of the Velvet Revolution in Czecho- Under current law, collusion, negotiations, or even discussions about throughout central Europe. slovakia, velvet to symbolize the markets may be enough to find some- What started as a ripple, solidarity’s smooth and peaceful transition of one guilty of breaking these laws. triumph in Poland in June of that sum- power that took place, the Communist Prices in one industry that are too mer, Hungary opening its border with Politburo voted just five to four high, too low, or all the same are sus- Austria that summer, led to a deluge of against ordering a massacre. pect and could be used as evidence of East Germans streaming across the When I spoke to those students, they monopoly practices. Berlin border and eventually tearing remembered two distinct things about down the symbol of oppression in Eu- We must remember bigness in a free the demonstrations: how cold they market is only achieved by the vote of rope, the Wall. A few short weeks later were during the candle light vigils that consumers, supporting a company that came the Velvet Revolution that took place all night, and how scared gives them a good product at a low changed Czechoslovakia. they were knowing the history of pre- price. One of my most cherished possessions vious reform attempts in their own It is an economic truism that the that I keep on my desk here in Wash- country. only true monopoly is government pro- ington is a chunk of that Berlin Wall They did not have weapons to fight tected, such as the Post Office or a with some of the graffiti paint still on back with, only their courage. They public utility. There is nothing more it, coincidentally, shaped like Wis- knew they were risking it all, but they annoying than a government bureau- consin. I was able to knock out this chose to do so for the sake of their own crat or Federal judge gleefully con- piece with a sledgehammer while I was future. And they prevailed. demning a productive enterprising cap- in Berlin on October 3, 1990, celebrating It is a magnificent irony of history italist for doing a good job. These little the reunification of both Germanys. today that one of the most oppressive men filled with envy are capable of Today, the political map of Europe Communist regimes throughout cen- producing nothing and are motivated looks completely different. As this map tral Europe, Czechoslovakia, would by their own inadequacies and desires depicts, Mr. Speaker, democracy has later be led by former poets and play- to wield authority against men of tal- been flourishing and sweeping across wrights in the country, one of whom ent. Europe. The countries shaded in blue was Vaclav Havel. He was one of the In a free market, the consumer is are those democratic nations that ex- key leaders of the Velvet Revolution. king, not the businessman. The regu- isted before 1989. The purple-shaded He was the first democratically elected lators hate both and relish their role of area are those countries that have leader of Czechoslovakia since making sure the market is fair accord- evolved into democratic nations since Mazaryek and Eduard Benes before the ing to their biased standards. the revolutions of 1989. Obviously, we Second World War. He was also one of Antitrust suits are rarely, if ever, still have some work to do in Belarus the founders of Charter 77, the moral pursued by consumers. It is always a and down in the Balkans and Serbia, as blueprint for change in Czechoslovakia. little disgruntled competitor, a bureau- represented by the red countries shown He helped form the Civic Forum, the crat who needs to justify his own exist- on the map. political alternative to the Communist ence. Now, 10 years later, the events seem regime, but not before he was in prison Judge Jackson condemned Microsoft preordained. But at the time, no one four times as a political dissident. for being a ‘‘vigorous protector of its could predict these events or know how In fact, during one of his stays in own self-interests.’’ Now this is to be a to respond to them. Today, many want prison, he became deathly ill. The crime in America. To care for oneself to claim credit. But the most impor- Communist authorities, afraid they and do what corporations are supposed tant wall that fell was not even visible. were going to have a martyr on their to do, that is, maximize profits for It was the wall of fear inside people. It hands, went to him and told him that stockholders by making customers is difficult to describe the role that the people in New York who give out happy, is the great crime committed in fear plays to maintain a totalitarian the Obey awards were willing to host the Microsoft case. state. him so he could direct his own play on Blind to the fact that there is no con- Mikhail Gorbachev, however, Broadway as well as receive proper flict between the self-interest of a capi- changed the dynamics by sending out medical attention and care. talist and the consumers’ best inter- messages that his rule would not be He asked them one question, if he ests, the trust busters go their merry sanctioned only by guns and tanks. His went, would he be allowed to return to way without a complaint from the Con- policies of Glasnost and Perestroika Czechoslovakia. They could not give gress which could change these laws. showed that not only would he not op- that assurance. So he said I will stay Only blind resentment drives the eco- pose reforms, but actually encourage instead. The rest, as we now know it, is nomic planners and condemns business them. history. success, good products, low prices, and As a third-year law student, I So, Mr. Speaker, I want to pay a spe- consumer satisfaction while under- watched with rapt attention, as the cial tribute and wish a special anniver- mining the system that has provided so rest of the world did, to the unfolding sary to a few students who inspired me. much for so many. of these events during 1989. It came at To Andreas of Dresden, Peter of Many big companies have achieved a critical point in my life. I was feeling Krakow, Jitka, Ladka, Ivana, and Pau- success with government subsidies,

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.073 pfrm02 PsN: H08PT1 H11684 CONGRESSIONAL RECORD — HOUSE November 8, 1999 contracts, and special interest legisla- I would like to contrast this with an doesn’t raise taxes and pays down the debt tion. This type of bigness must be dis- article in the Wall Street Journal a for the third year in a row. tinguished from bigness achieved in a week ago Friday that reports that the Earlier this year our conference com- free market by providing consumer sat- Congressional Budget Office estimates mitted to stop the 30-year raid on Social Se- curity—and according to the Congressional isfaction. that the GOP spending bills are already Budget Office, we have done that. The Presi- To help rectify the situation, Con- over the targets by $31 billion, and that dent began the budget negotiations by tak- gress should first stop all assistance to if we look at the report from the Con- ing a large step our way and joining us in our business, no more corporate welfare, no gressional Budget Office, we will see commitment to lock away every penny of bailouts like we saw to Lockheed, that the GOP spends $17 billion of the Social Security. We’re working with him in Chrysler, Long-Term Capital Manage- Social Security surplus. a bipartisan fashion to protect retirement ment and many others. What is most troubling to me about security. Second, we ought to repeal the ar- this is the duplicity that is involved. The key to the whole puzzle is protecting chaic and impossible-to-understand We are breaching the faith of the Social Security and paying down debt. We antitrust laws. American public. It is absolutely wrong will not schedule any piece of legislation on Next, we should crown the consumers the House floor that spends one penny of So- that we resort to smoke and mirrors cial Security. That said, we expect to ad- king and let them vote with their and gimmicks to claim that we are not journ for the year when we’ve ensured that money on who should succeed and who going into the Social Security Trust every penny of Social Security is locked should fail. Fund. It is all together too familiar. away. We should then suppress the envy We heard all of these statements dur- If you have any questions, please feel free which drives the anticapitalist men- ing the Reagan administration and to contact us personally. tality. during the Bush administration when Sincerely, The Bill Gateses of the world can we had enormous deficits. And now J. DENNIS HASTERT, only invest their money in job-creating that we are on the verge of balancing Speaker of the House. DICK ARMEY, projects or donate it to help the needy. the budget without using Social Secu- The entrepreneurial giants are not a Majority Leader. rity, I think we have just as much an TOM DELAY, threat to stability or prosperity. Gov- obligation to the American people to Majority Whip. ernment bureaucrats and Federal be candid, to be forthright, and not re- J.C. WATTS, judges are. But strict enforcement of sort to smoke and mirrors and tricks. Conference Chairman. all the ill-inspired antitrust laws does The Wall Street Journal article, f not serve the consumer, nor the cause which is up here, illustrates one of the of liberty. problems that is involved, and that ONE PENNY ON A DOLLAR WILL f problem is picking and choosing what SAVE SOCIAL SECURITY WE ARE NOT GOING TO RAID THE numbers are used to do the accounting. The SPEAKER pro tempore (Mr. SOCIAL SECURITY TRUST FUND Anyone who has worked with certified FLETCHER). Under a previous order of public accountants understands ac- the House, the gentleman from Georgia The SPEAKER pro tempore. Under a counting principles and a financial (Mr. KINGSTON) is recognized for 5 min- previous order of the House, the gen- statement in terms of its integrity. utes. tleman from Minnesota (Mr. MINGE) is And the integrity of that financial Mr. KINGSTON. Mr. Speaker, I want- recognized for 5 minutes. statement requires that generally ac- ed to start off by just kind of rebutting Mr. MINGE. Mr. Speaker, this week, cepted accounting principles must be my distinguished colleague. The Wall Congress and the administration are consistently applied. That concept of Street Journal is a great newspaper, struggling over how we handle the so- consistent application is what has been but, tell me, have my colleagues ever called end game with the Federal budg- violated by the leadership here in the read a newspaper that does not some- et. Those of us here in the House of House of Representatives by picking times get it wrong; does not stretch Representatives are a critical part of and choosing where the numbers come the truth? this end game negotiating process in from, the Congressional Budget Office Here is a report from the Congres- the votes that it will take to pass the at one point, the Office of Management sional Budget Office. Now, I know the budget. good folks at the Wall Street Journal One of the chief rallying cries that I and Budget at another. This violates a fundamental rule in know everything there is about Con- hear from my colleagues is, we are not accounting, not consistently applying gress and spending and so forth, but going to raid the Social Security Trust the accounting principles; or, in this these people are actually hired to do Fund. We are not going to raid the So- case, the budget forecasting. Picking this job, they are the ones who are in cial Security Trust Fund. We will not and choosing. And we should no more the room. CBO stands for Congres- raid the Social Security Trust Fund. let the White House do that than let sional Budget Office, and they have The phrase is repeated ad nauseam. Members of our own body do that. We certified that the Republican budget But I challenge my colleagues to really in Congress should stand square behind does not raid the Social Security Trust accomplish what we have stated we in- the principle that we insist that the Fund, as have the Democrat budgets tend to accomplish. budget forecasting process have integ- for the past 40 years. Here is what it b 1930 rity, and that we not claim that no says: Projected on-budget surplus And the reason that I say this is that such bill has been on the floor of the under the congressional scoring, the for many it is feared that we are only House when the Wall Street Journal way it is done, $1 billion, and this is as pandering to the misunderstandings has already reported that we have done of October 27, 1999. and the naivete almost of the Amer- it and when the Congressional Budget Now, it is real odd to me that people ican public in claiming that we are not Office has already reported that we are who have been voting against every invading the Social Security Trust $17 billion into the Social Security single appropriations bill because they Fund to finance Federal expenditures. surplus. do not spend enough money are now I would like to point out that claims We must improve our practices if we coming in here in the 11th hour and that we will not invade the Social Se- are going to continue to have any trying to rewrite the rules. Where was curity Trust Fund come from all quar- credibility. We cannot have letters of this fiscal austerity back during the ters, but today I was amazed to see a the type that are circulating in this September and October debates? All we letter signed by the leadership of this Chamber today. And, Mr. Speaker, I heard from the liberal side of the aisle body, the Speaker, the majority leader, will submit this letter for the RECORD. was, ‘‘You don’t spend enough money, the majority whip, and the conference CONGRESS OF THE UNITED STATES, so we are going to vote no.’’ chair on the other side of the aisle that Washington, DC, November 8, 1999. Well, hello, where does the money DEAR COLLEAGUE: Many of you are asking included a sentence to this effect: ‘‘We when we expect the budget negotiations to come from? Social Security. We have will not schedule any piece of legisla- be completed. We expect budget negotiations held the line on it, we have passed the tion on the House floor that spends one to be complete when we have a balanced appropriation bills, 13 of them on Re- penny of Social Security.’’ budget that doesn’t raid Social Security, publican votes, because we could not

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.074 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11685 get our Democrat colleagues to join us who drive an extra two blocks to fill up So this was reason that we wanted to because it did not spend enough money their tank for $1.07 a gallon instead of bring people who would bring hope and for them. $1.15 a gallon; the people who do not renewal, and I just want to thank Yes, there have been a few defectors, buy a new suit until the clothes are on Members of Congress for encouraging and we appreciate them, but we started sale; the people who go out to eat when their staff and thank those staff mem- this year taking the President on. He they have a coupon and order chicken bers for doing this. This was actually said from the well of the House let us instead of steak; and the people who do the Congressional Black Caucus, under spend 40 percent, actually I think it not buy any running shoes unless they the leadership of the chairman, the was 38 percent, of the Social Security are the discontinued brand or marked gentleman from South Carolina (Mr. surplus on a whole line of new entitle- down 50 percent; and the parents who CLYBURN), who thought it was a good ment programs. But the Republicans’ raise their kids to turn off the light way of showing we wanted to be the key goal is to not spend the Social Se- when they leave a room, and do not run conscience of Congress by organizing curity surplus. That is a quote. That is the water when they brush their teeth. this. But this really became a congres- a direct quote from the White House We are saying to Washington that sional response. It was a bipartisan re- Chief of Staff John Podesta, and that they should live their lives like the sponse. We had many Members from was as of October 20. American people. If we can, we can find the Republican side in the House who Now, that is coming from the folks a lot more than a penny on a dollar and sent their staff, if their staff wanted to who do not exactly like Republicans we can save Social Security. go, and we had members, at least three down on 1600 Pennsylvania Avenue. We f or four, of the offices from the Senate. are not going to spend the Social Secu- NEW SENSE OF HOPE AND RE- So it was bicameral as well. rity surplus. NEWAL TO EASTERN NORTH And I just wanted to thank the Mem- Now, what have we proposed doing? CAROLINIANS bers who came. They came back with We have proposed reducing the size of different experiences, but I can tell all The SPEAKER pro tempore. Under a the government budget. For every $1 my colleagues what the objective was. previous order of the House, the gentle- we have asked the bureaucracies in The objective was to allow Members of woman from North Carolina (Mrs. Washington to cut out a penny, and Congress and their staff to see first- CLAYTON) is recognized for 5 minutes. they can do it. Here is an example of hand the devastation so they could be one place they could do it. Now, we Mrs. CLAYTON. Mr. Speaker, I will leave a response to that very comical advocates as the TVs left our scenes have heard there is absolutely no and we no longer saw the water, as we waste, but this is the President’s trip presentation to a later time. I have a more serious and also a very see here; or we no longer could see the to Africa. He went on a number of trips jovial and happy announcement to scenes from this second one, the houses this year. He went to China and spent make, and that is to thank Members of in Tarboro, which is East Tarboro, $18.8 million, took 500 people; went to Congress and to thank their staffs in which was flooded, or the fact that Chile, spent $10.5 million; went to Afri- particular for joining with 11 Members Princeton, the first historical black ca and spent $42.8 million, and took of Congress going to my district and town to be in America was completely 1300 of his dearest and closest Federal participating in real work and giving a flooded, or Trenton, North Carolina, Government friends. Now, there were sense of hope and renewal to the people was completed flooded; Greenville, other people. This does not include Se- of eastern North Carolina. East Carolina University, 12,000 stu- cret Service or Peace Corps, this only I have pictures here that show us in- dents had to be relocated because of includes Federal Government deed some of the scenes wherein we the flood. employees. were flooded. Now that we are not with Well, the objectives of this was sim- Now, under our radical budget, the the water, somehow it is forgotten that ply to put a face onto this; that we can President next year would say 13 of our citizens are still dealing with this. look at the human beings that were those friends will have to stay home. If my colleagues could begin to think suffering and see their pain, their an- One example would be the mayor of of the area which was devastated, they guish, but also their hope. So it was to Denver. The mayor of Denver goes to might think of a State about the size raise the sensitivity and the awareness Africa with the President. Why? Is Col- of Maryland, because we are involved and the knowledge of staff members orado so important to our African pol- in some 66 counties, but 33 of them and Members of Congress so they would icy? If so, why not let the good people have serious flooding. be advocates so they could help us re- of Denver pass a hat and pay his The devastation in farm life is al- spond to this in a meaningful way. freight? Thirteen hundred people went most unimaginable. We have $1.7 bil- b 1945 to Africa for $42.8 million. There is not lion that has been lost in the erosion of a Member of this House who would say land, the loss of wildlife, the loss of The second objective was to bring that was a wise expenditure of money, various livestock, whether it be cows hope itself, to bring hope and renewal and there is not a member of this or pigs or chickens. In fact, 2.5 million to the people who are now suffering. White House who would say he could chickens were lost, 120,000 hogs, 900,000 You go through stages in this. The first not cut some of that out. turkeys were lost. The loss was just people are so grateful that they have Or what about the $3 million ducks in devastating. survived the flood and their adrenaline Hawaii? The U.S. Department of Inte- The housing will be our greatest is flowing with the outpouring of gen- rior bought an island off of Hawaii for problem. In eastern North Carolina we erosity there. But later on despair sets $30 million. The purpose was so ducks had a housing problem before Hurri- in and anger and confusion and frustra- could breed on it. The only problem cane Floyd, and then with the housing tion, and that is where many of them was only 10 ducks took advantage of being devastated by the rains, we now are. this new honeymoon package. So what have even a more severe problem. But on Saturday, those who came we have are ducks, $3 million each, Forty-six homes have either been dam- from Washington, at least for a day, over there having a big time. Now, we aged or completely destroyed. Ten brought hope and renewal. For they need to find a Hugh Hefner kind of thousand must be destroyed because were actually cleaning up various duck who can promote this thing a lit- they are either in harm’s way, they are homes, removing the debris, cleaning tle bit and maybe we can get it down to in the floodplain, or they have been up a business or cleaning out a church $1 million or $2 million a duck. completely destroyed. or cleaning out a senior citizen facil- I think back in South Georgia we Many of these people are older citi- ity. They went to six different counties would probably call this a waste of zens. The home ownership is high and 13 different sites, including a farm, money, and I suspect the folks would in there, because many of them bought removing debris from a farm. Kansas, New York, and all over the their homes years ago and they are We thought we would have 10 buses. place. senior citizens and their income is not We ended up with 12 buses. More than What is this really about? This is as robust as the economy would sug- 550 individuals came from the capital about trying to get Washington on line gest in other areas, so we really have to be engaged with the people in east- with the American people, the people an area of great devastation. ern North Carolina, and I just want to

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.077 pfrm02 PsN: H08PT1 H11686 CONGRESSIONAL RECORD — HOUSE November 8, 1999 thank them. I think it gives a new face out the country, to provide for more with this city in Washington, D.C., for the capital. It says that people do training for more teachers for those when it comes to taking cash from the care. districts that wish to hire them and to American people, bringing it here to Mr. Speaker, I think we do best as do so within a framework of flexibility, Washington, sending those dollars back Americans when we respond to others not constraints but flexibility, in ex- to the States, and putting crippling to show that we are neighbors. Yes, we change for accountability. rules and regulations on those dollars are legislators, but also we are human We believe there is a legitimate role and placing conditions on those dol- beings in America. for the Federal Government to be con- lars, which is what governors resent f cerned about local schools but not to and what governors feel differently run them. We want to send the dollars about. EDUCATION SPENDING BILL back to local school districts, back to The President’s answer is one that so The SPEAKER pro tempore (Mr. classrooms, and appeal to the profes- many people in this bureaucratic men- FLETCHER). Under the Speaker’s an- sional sensibilities and the care and tality of Washington represent. He nounced policy of January 6, 1999, the compassion and concern of qualified says, ‘‘Well, because it’s not their gentleman from Colorado (Mr. SCHAF- superintendents, school principals, lo- money.’’ FER) is recognized for 60 minutes as the cally elected school board members, The point being, this money must be designee of the majority leader. and so on. his money. This money must be Gov- Mr. SCHAFFER. Mr. Speaker, I am Therein lies the difference, Mr. ernment’s money. This money must joined tonight by a couple of col- Speaker, that I want to zero in on to- have been created somehow by people leagues and others that I know are ex- night. Because the President’s plan and here in Washington. pecting to come over to the floor to the reason he vetoed the education Well, I think most Americans, when help in this discussion. spending bill, the reason he is holding they realize the attitude that comes What we want to focus on this that particular bill up at this very mo- from the other end of Pennsylvania Av- evening is our efforts to pass a series of ment is a matter of philosophy. You enue, it does not represent them, that appropriations bills that bring this see, we really do believe on the Repub- this attitude is what people are most country in under the budget caps that lican side in our philosophy and our disgusted about when they think about both the Congress and the White House values of getting dollars back to the Washington, D.C. had agreed to previously and, also, to States with freedom and flexibility. We are trying to change that in this alert our colleagues as to some of the But the President, instead, would budget. That is the element of the de- real challenges that confront us as a like to hire approximately 100,000 Gov- bate that currently is holding up the Congress tonight and over the weekend ernment agents, Federal agents, and agreement from going forward in this and over the next couple of days that have those Federal employees working negotiation between the White House we are here in Washington as we move in classrooms and in my school where and the Congress. toward this deadline of Wednesday that my children are educated. We believe, Well, we passed legislation, as I men- we have set for ourselves, an expecta- the Republican side, we want to give tioned earlier, that deals with this ef- tion and anticipation that we will be those dollars to classrooms and give fort to try to get dollars to local school able to arrive at a compromise with them to local leaders and so on, but we districts and do it in a much more pow- the White House. do not want to define specifically how erful and effective way and a way that Because it is very clear, Mr. Speaker, those dollars must be spent. We do not more closely approximates the local that compromising with the White want to confine principals. We do not priorities of school districts. And we want to constrain superintendents. We House is an expensive proposition. are very serious about following do not want to limit the options and The Congressional Budget Office, as through on that. had been pointed out by colleague the the freedom and liberty that local We believe the liberty to teach and elected educators have. And we also gentleman from Georgia (Mr. KING- the freedom to learn are goals and ob- want to honor and respect the leader- STON) who spoke just a few moments jectives to which not only this Con- ship of governors throughout the ago, had certified that the proposal gress should aspire but the American that Republicans had put forward does country. There was a reporter just today who people in general wish us to pursue, balance the budget without raiding the asked the President the following ques- and we are going to stay on that Social Security trust fund and dip into tion, and I will quote the question. He course. Social Security funds to pay for Gov- The argument is compounded even says, ‘‘Mr. President, on the issue of ernment, as has been the tradition over funding for teachers, sir, you resent it further in our position, and the a great many years. And we are have when Congress tells you to spend strength of it I think becomes even very proud of that, and we want to money in ways which you do not deem more apparent when you consider to- stick as closely as possible to that ulti- appropriate.’’ day’s headline in the New York Daily mate goal. Let me stop right there at the report- News. I know this is small, but it is a But things are getting a little more er’s question as it was put to the Presi- copy of the front page. ‘‘Not Fit to challenging in these negotiations with dent. The President does disagree with Teach Your Kid. In some city schools, the White House. And I want to talk this. We want to get dollars to the 50 percent of teachers are uncertified,’’ specifically about the budget as it re- classrooms, to the local schools, and says the headline in the New York lates to the topic of education. allow local professionals to determine Daily News. The United States Department of how best to utilize those funds in the And the article that follows this Education is an agency that controls best interest of children. As the re- headline shows that when you throw approximately $120 billion in assets and porter accurately points out, the Presi- dollars at a goal of just simply hiring expenditures, about $35 billion in an- dent resents it when Congress tells more Government employees that fre- nual expenditures, at least according ‘‘you’’, the President, to spend money quently you do not get the quality of to the dollar amounts that we have set in ways which do you not deem appro- teachers in this case that the American for the Department of Education; and priate. people would expect and that children the balance being the loan portfolio The reporter goes on: ‘‘Why should a in fact need. that the Department of Education state governor who would like to spend That is, I am afraid, the ultimate maintains. that money differently feel any dif- goal of the President’s approach of re- Well, the President believes that we ferently?’’ And of course, the President stricting the dollars as they go to need to spend more. We have in fact, as has a different answer when it comes to States, restricting them by tying I mentioned, budgeted $35 billion for governors. Here is what the President strings to them, attaching mandates to the Department in the current spend- said in responding to governors and to those dollars. It will result I submit, ing bill, including $1.2 billion for the this question. He said, ‘‘Well, because Mr. Speaker, in more headlines like process of teaching to help appeal to it’s not their money.’’ this not just in New York City but the professional senses of our educators Now, this is the problem with Wash- throughout the country. It is the kind and classroom professionals through- ington. In fact, that is what is sick of headline that we are working very

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.079 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11687 hard to avoid, in fact, and have head- the poorer get poorer because the poor printout of the money that each and lines that we can be quite proud of do not have the money to invest in get- every school district in Pennsylvania, about the professional kinds of teach- ting the Federal money. That is why in and there are 530 some, gets to fund ers that we have in mind for hiring Pennsylvania, where I come from, their schools, local money, State around the country through the leader- there are schools who get less than money and Federal money. They have ship and through the initiative of gov- one-half of one percent of their money that, and they gave me this printout. ernors, State legislators, school board from the Federal Government and The part that surprised me was when members, principals, and super- there are schools that get 12 and 13 per- they added up the column for Federal intendents. cent of their money from the Federal aid, it came to 3.1 percent. We said, Mr. Speaker, I yield the floor to the Government. Now, that is 25 times as there must be something wrong. So we gentleman from Pennsylvania (Mr. PE- much. Is that fair? No, that is not fair. sent it back to them. We said, you TERSON) who has worked very hard on But that is Federal bureaucracy, this must have missed some Federal pro- this very topic and knows quite well federalized system. gram, some major one. They came back how important it is to fight to get dol- It is interesting because now the to us and they said, no, we think all lars to the classroom. President is really hanging out out Federal money is included. Mr. PETERSON of Pennsylvania. Mr. there and I heard his top people over So the question I ask is, if 6.8 percent Speaker, I thank the gentleman from the weekend talking about they were is what we are supposed to be pro- Colorado (Mr. SCHAFFER) for yielding. hanging out for a 100,000 teachers. In viding, and if only 3.1 percent in this Mr. Speaker, it is interesting, be- other words, if you will hire teachers, State, Pennsylvania, is getting into the classroom, where did the rest of the cause most budget battles are about you can get in line for this money. But money go? I do know one thing, that dollars, but the education debate going if you need computers, if you need when I served in State government, the on in Washington now is not about more classrooms, if you need tech- bureaucracy there was pretty well more money. There is no argument nology of some kind, if you need your funded with Federal dollars. We have a about how much money we should school wired, if you need new books, we bureaucracy here in town funded with spend but where the control lies. are not going to help you. Federal dollars. We have regional bu- I think this is a pretty significant Now, I think that that is the mis- reaucracies that are funded with Fed- discussion that the American people take. And I want to relate it back to eral dollars. It is my opinion, and I am needs to take seriously. And the ques- several years ago the President wanted not saying 3.1 percent is totally accu- tion I ask, should the Federal Govern- 100,000 cops, and the record on that pro- rate because I expected to have a cou- ment dictate priorities for our local gram in place a number of years now ple of percent chewed up in bureauc- school districts? I think the vast ma- has never put 100,000 cops on the jority of Americans would vote no to racy. I did not expect over half. streets of America. But as we continue to review this, I that. The vast majority of Americans In fact, I recently had my staff work- think it helps make the argument we would not want the Federal Govern- ing with two communities who are on make. Let us fund dollars that get to ment dictating local educational hard times who got seduced by that the classroom. Let us not say to policies. program to hire more cops because schools, if you want our money, you Now, it is interesting, last year in they were free and they could use the have got to buy computers or you have some debate I remember the numbers, I police protection. But now they are got to hire teachers or you have to think we take credit for supplying be- finding out that is a temporary pro- build more schools or you have to do tween 6.8 to 7 percent of the local dol- gram and that is this teaching pro- certain things, because those things lars for basic education. But many said gram, if I understand it right, it is a vary from State to State and commu- we provide 70 percent of their bureau- temporary program. So they are going nity to community. We have 530 school cratic nightmares. In other words, to to hire more teachers and in a couple districts in Pennsylvania. Multiply get your hands on the Federal money, years there will be no Federal money that by 50 States. There is a huge dif- you have to have a lot of expertise. to pay for them, they will have to have ference in what goes on in Alaska and And it is interesting, when you look at the local resources. what goes on in Florida and what goes the numbers of school districts who get Now, should we be seducing schools on in Maine and what goes on in Mis- very little Federal money and those and communities to hire more teachers souri or Arizona, or Pennsylvania, or who get a lot, that is the answer. and more cops if we are not going to be California. There are very different So small, rural school districts, there year after year? Is that how we parts of this country. which I represent, I have school dis- build a good educational system? I do I think saying 100,000 teachers is tricts who get less than one-half of one not think so. Because just a few years about politics. That is a slogan. That is percent of their money from the Fed- ago, we had more computers and more a campaign issue. That is not about eral Government. So no matter what technology, more emphasis on science helping education. Because if we really we do here, it will not have a huge im- and math. And basic literacy has been wanted to help education, we would cut pact. And why do they not get that an issue year after year, and we have through this bureaucratic maze and we money? several dozen literacy programs. would get dollars into the classroom Well, in rural school districts you b 2000 that would be allowed to fix up the have a school superintendent and he is classroom, that would be allowed to the butcher, the baker, and the candle- Is it cost effective to have several hire more teachers if that is the goal, stick maker. He does not have a fi- dozen literacy programs that schools would be allowed to buy more com- nance officer. He does not have a cur- can apply for, or to have one literacy puters and more technology, buy more riculum director. He or she plays nu- program? Now we have several dozen. books, do things that enhance the edu- merous roles because they do not have We have had programs to promote pa- cational process, recruit the right kind the dollars to have this bureaucracy rental involvement. We have had proof teachers for science and math which within the school districts that can go grams suggested that we should build are in short supply, but allow the local after Federal dollars. schools from the Federal level. And, of districts to make those decisions of Most school districts that are suc- course, the issue of accountability how they can best use those dollars. cessful have specialized grantsmen who never really gets addressed very much. I say, Mr. President, when I have do nothing but look through the And I think that is the question par- school districts that get less than 1 records and find out what programs ents ask, is how do we keep our edu- percent of their funding from the Fed- may apply and how to apply for them. cational system accountable? eral Government, I am sure they are Urban suburban areas also have the It is interesting as we have this de- not going to be standing up clapping luxury of educational consultants they bate and the unfairness of it, when we when you talk about 100,000 new teach- can hire to help them get the Federal have 6.8 percent of the money is what ers, because there is no way they can money. we claim funds local education. I re- reach that. Now, when you have a bureaucratic cently asked the Department of Edu- I just want to share, I was dis- system like that, it is rich get rich and cation in Pennsylvania, I would like a appointed in the President’s comments

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.081 pfrm02 PsN: H08PT1 H11688 CONGRESSIONAL RECORD — HOUSE November 8, 1999 today. He said, ‘‘Well, because it’s not teachers, but those that wish to invest topic and feel passionately about it. their money,’’ and he is not the first in technology, to buy a new school bus, Another one is with us today, the gen- politician that has said that. Lots of to resurface the roof, to do a number of tleman from California (Mr. MCKEON), politicians have said that. It is like it other things that they might believe to a member of the Committee on Edu- is their money. But he went on to say, be more important, to target those dol- cation and the Workforce and sub- ‘‘If they don’t want the money, they lars to reading programs for disadvan- committee chairman, one who has don’t have to take it. If they are of- taged children and things of that sort, demonstrated day after day and time fended by it, they can give it to the those teachers ought to have the full after time his commitment to getting other States and other school dis- freedom, the full liberty to use their dollars to the classroom and looking tricts.’’ I am disappointed in that kind money as they see fit. That is the dif- out for children rather than the edu- of rhetoric at this point in the process. ference. We view these precious dollars cation special interests that we find I am disappointed in that kind of an at- that taxpayers send to Washington and here in Washington, D.C. titude, because I think it is time that we then send back to the States as the I yield to the gentleman from we think about the kids, we think taxpayers’ money. Down at the White California. about maximizing their potential edu- House, they view these dollars as the Mr. MCKEON. Mr. Speaker, I want to cation, and stop arguing about polit- White House’s money. When the Presi- thank the gentleman from Colorado ical slogans that will be used in bro- dent uses that kind of language and (Mr. SCHAFFER) for taking the time to chures another 12 months and get down that kind of attitude, I want our col- set up this special order to give us a to saying, let us get the money to the leagues and the American people to chance to talk a little bit about what schools. If we are only getting 60 per- know that the President is in for a we are trying to do in education on our cent of it there, let us say we try to get fight on this one. These dollars do not side of the aisle. 70 this year. If we are only getting 50 belong to people in Washington. Ameri- Last year, early this year, we in our percent there, let us say we try to get cans work too hard to earn these dol- subcommittee started holding hearings 65 and next year 85 and let us get the lars and send them here. I think they on what we could do to improve and to money driven out. Let us somehow send too much here. But acknowl- help education. We were specifically work through this bureaucratic maze edging that they work hard to send looking at what we could do to help that is chewing up these bucks and those dollars here to Washington, I improve teaching. We started holding have the money go out there in some- want people to know that there is a hearings around the country and here way that poor districts, that rural dis- party here in Washington that is going in Washington and people came and tricts who do not have grantsmen, who to stand up and look after those dollars testified before us, people from various do not have a lot of staff can get their and is going to send them back home phases of education, administrators, fair share of Federal resources. with the fewest amount of strings and teachers, school board members, par- The Federal program, in my view, re- regulations and red tape and mandates ents, and they all said one thing in wards the rich, those who have the attached, and that this is a fight worth common, that the most important per- staff, those who have their own bu- fighting and we are going to stand in son in teaching is the parent; number reaucracy and can meet the needs of a there for those children who ultimately two, the next most important person is Federal bureaucracy and leaves the will benefit from greater academic lib- the teacher. I think we all agreed on poor, impoverished school districts out erty and freedom and more managerial that and in a bipartisan way we moved to lunch. freedom at local levels. forward and crafted legislation that Mr. SCHAFFER. Your comments It also raises another point, and, that said we would send money to the local about the differences between rural dis- is, did we not already provide these school districts and let them decide tricts, urban districts, wealthy dis- 100,000 Clinton teachers? Did we not al- how they would spend that money. We tricts and poor districts is right at the ready fund them? Because that was in gave the highest priority to classroom heart of this debate over Clinton teach- last year’s budget as well. What hap- reduction, class size reduction, because ers versus local school teachers. It pened to those? As it turns out, the we felt that was a very high priority. comes down to this. There are many, President estimated that he had only However, if the district was unable to many places in America where districts hired 21,000 teachers with the dollars hire qualified teachers, we said that need more teachers. They need the re- we appropriated and as it turns out, an they could use that money to train the sources to hire more teachers, get even deeper analysis concludes that we teachers that they now had. them into classrooms, reduce class probably did not even hire those teach- We had a young man, a young educa- size, where these are the locally estab- ers with the funds that the White tor, African-American from Wash- lished goals, goals established by lo- House insisted on last year. And so ington, D.C. come in to testify. He had cally elected school board members, by when you send these kinds of dollars to been teaching, he said, for a couple of principals who know the names of the specific school districts and tell them years, and he felt very inadequate. He students in those classrooms, by super- that you have just got to go out and was put in a third-grade class and was intendents who know the names of the hire people, what happens is exactly told to teach these children how to principals and so on. For those school what happens in New York, if you read read. He knew how to read and the districts, we say you ought to be able the New York Daily News today, that principal said, you know how to read, to spend your money on classroom rein New York they took the cash. Of teach them how to read. But he had duction, to hire new teachers, local course, there is no principal or super- never in his education had a class on teachers if you would like. intendent or school board that is going how to teach reading, and he was very The President’s answer is one that to turn down the cash. They took the frustrated. He felt like he was not you have summed up perfectly, refer- cash and they hired teachers who are doing an adequate job and he was ready ring to his comments earlier today, not certified, because they just had to to leave the profession. Fortunately, that we should do it Clinton’s way, be- spend the money, just spend cash. It somebody was able to get him to a cause, as he says, well, because it is did not matter whether the children class where he was able to learn how to not their money. It is not that local were benefitting. It did not matter teach and he was doing a much better principal’s money, it is not that Gov- whether the kids were getting smarter. job, his students were prospering, he ernor in Pennsylvania’s money or Colo- It did not matter whether they were was feeling better about himself and rado’s money. This money somehow, hiring teachers that were capable of stayed in the profession. according to people in the White teaching. They just hired people, I have some real concerns about hir- House, belongs to, well, the White uncertified teachers in this case, as ing a lot of people that may not be ade- House, and they therefore believe that many as 50 percent in some New York quately prepared. In my own State of they have some title to define how schools. This is a bad formula for edu- California, we reduced class size a cou- those dollars should be spent. The prin- cation in America and it is not the for- ple of years ago, we put that as the cipals who want to hire more teachers, mula we want to see. number one priority from the governor, they ought to be able to use their I know there are a great number of they mandated from the State head- funds, their Federal funds, to hire more us here in Congress who focus on this quarters class size reduction, and it has

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.082 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11689 resulted in over 30,000 underqualified We did a press conference today and Republican Congress has proposed teachers in California. outside we were talking to a reporter. more money and has spent more money Another example, Jacques Steinberg b 2015 on education this year than the Presi- of the New York Times wrote that 58 dent himself had requested and had percent of newly hired teachers in the And there was one of our security suggested in the education budget. So Los Angeles Unified School District, people standing right there, a mother; this is not about spending money. That which is part of my district, are not and I could see, she heard us talking argument has been taken away from certified. Instead, some were hired and I could just see she wanted to enter the White House. solely on their experience of leading into this conversation. And the re- This is about how the money is spent, church or camping groups. I am not porter was asking questions, well, do whether it goes to States with the saying that these are not good people you feel like you have reneged because flexibility and freedom to hire more and I am not saying that they are not you agreed to the President’s 100,000 teachers if they want, to buy more concerned and they are trying to do teachers last year and now you are computers if they want, to do more their best, I am just saying that they backing out from it? I said look, we are training if they want, to focus more on are not prepared. We said in our bill not backing off of that at all. We are teacher quality if they would like, that you take the money and you de- just saying that instead of Washington versus the President’s answer which as- cide what is best for your local school having to decide, we let the local peo- sumes that it is not their money, as district. The gentleman from Pennsyl- ple decide. Ask this lady right here. the President said; the American peo- vania (Mr. PETERSON), the gentleman She looks like a mother. Ask her if she ple, it is not their money and the from Colorado (Mr. SCHAFFER), myself wants to have the best qualified teach- States, and make that assumption and from southern California, all have dif- er or if she wants the smaller class send those dollars back to States with ferent kinds of districts. size. constraining, restrictive rules that say, I served for 9 years on a local school We say, she can have both. I have six you may only spend those education board. I was very frustrated with the children that grew up through the pub- mandates coming from Washington, or dollars in a narrow sort of way. lic education system. I have 17 grand- I represent a lot of rural districts in the mandates coming from Sac- children now growing up through the my congressional district. Even if we ramento. That was one of the reasons public education system. I have talked assume there are 100,000 teachers in why I ran for Congress and why I am to my daughters, and I have talked to happy to be on the Committee on Edu- this package, which there are not, as my daughters-in-law; and I find out we saw last year, it is not even 21,000 cation and the Workforce and why I what is going on in the school and they wanted to, to see if we could not try to that the President had thought he say look, if we have a chance to get the solve a problem. Many Democrats counted in the current year; it is much best teacher in the second grade class, joined with us in this legislation on less than that. When we spread 21,000 and all teachers are not equal, if we teacher empowerment. They felt like it teachers across the country, let us be have a chance to get that teacher and was the right thing to do. We talked generous. Let us say we really do hire the class size is 25, worse is the teacher and said, once in a while you can do 100,000 new Clinton teachers. Let us say that they just hired to fill a Wash- the right thing here. But it is like the we hire those teachers out of Wash- President is stuck on this 100,000 teach- ington mandate and maybe made the ington and spread them out across the ers and no matter what we do or say, class size 18, if I had my choice, I will country. When we get to the small dis- he says, we are not leaving town until take the teacher, the good, qualified tricts of America, they do not get any. we give him a program for 100,000 teacher in the 25-student classroom, There are no teachers left by the time teachers. We say, we have the program. because I know my student will get a we get to these rural areas. They are The only thing we are saying is, we are better education than they will in a all consumed by the large inner city not going to run it out of Washington, smaller class size with a poorly pre- metropolitan areas around the coun- we are going to let the local people de- pared or inadequately prepared teach- try, and most children in most school cide. The money is there. Take the er. districts will be abandoned by this nar- money. If you need it to hire teachers, All we are saying, we are not fighting row, mandated, restricted process that do it. If you need it to train teachers, over the money, we are not fighting the President has outlined to spend do it. If you need it to provide merit with the President. We are saying, Mr. these dollars. pay to ensure that your teachers do a President, join us. Call this your bill. Mr. MCKEON. Mr. Speaker, if the better job or the better teachers are re- Make it the Clinton Teacher Empower- gentleman will yield, I heard a story warded, do it. If you need it for tenure ment Act. I do not care. But let us put over the weekend. One of our good Sen- reform or other innovations, do it. But the students first, let us put our chil- ators from the other body was having a you have the responsibility. You have dren first, and let us let their parents discussion with one of the Federal bu- the ability. at the local level, the school boards at reaucrats and the Federal bureaucrat I represented our area in the State the local level be involved in the deci- said, I resent what you are saying; I re- school board association for the time sion. Let them decide. Because one- sent what you are proposing. I want when I was on the school board. We had size-fits-all out of Washington will not you to know that I love your children 6,000 locally elected school board mem- work. every bit as much as you do. The Sen- bers in California. They were good peo- We are going to hold on this. We ator said, oh, yeah? What are their ple. They were sincere. They really think this is important. If we have to names? wanted to do what was right for the stay here, Mr. President, until Christ- I go visit a lot of schools and I see children. But their hands in most cases mas, if you have to miss your trip principals go into classrooms and they are tied, because of mandates that around the world to stay here to work know their names; they know the chil- come out of Washington. If we send with us on it, let us do it; but let us re- dren. Are we to say that they are not this money out and say, you can use it member the children first. I thank the going to do what is best for the chil- because the President says so for a gentleman. dren, at least as good as what they Federal mandate to reduce class size, Mr. SCHAFFER. Mr. Speaker, the would do out of the White House. I pro- K–3, to 18 children, I do not know gentleman points out really a lack of a pose that they would do much better. where they got that magical number, distinction, I suppose, between the Let us give them the opportunity. Let but that is what they said and that is White House and the Congress when it us send the money back to them, and the only choice you have, and like the comes to the actual dollars, because let them hire and train and help their gentleman from Pennsylvania said, his the reality is, there is no difference of teachers, and let us remember the chil- district probably will not see any of opinion on the dollar amount for edu- dren. that money. Your districts may not see cation and for the education budget. Mr. KINGSTON. Mr. Speaker, if the some of that money. But what we are We are prepared to spend $35 billion gentleman will yield, there is a great saying is use it to improve the teachers on the Department of Education, and story about a teacher, and we all had that you now have. Help them do a bet- that is what we budgeted. In fact, when these institutional teachers that every- ter job. we really look at the bottom line, the body loved and feared, but respected

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.084 pfrm02 PsN: H08PT1 H11690 CONGRESSIONAL RECORD — HOUSE November 8, 1999 and learned a lot from. This 30-year gentleman used are examples that ment of Education in Athens, Georgia, veteran of the school system in Gray, seem quite obvious to the American for all of the teachers in the 165 school Georgia, a tiny little town outside of people, but the expenditure is coming districts of the State of Georgia on not Macon, she was teaching, and this new out of the White House. being alone with children. They told up-start from the Department of Edu- I want to go back to this example of her, they said do not ever touch a cation, probably on the 6th floor up the requirement that States use their child. Okay, a lot of sexual harassment there, third office down to the right, a education dollars the way the White going on, we can understand the good very important person with cell phones House wants to prove the point, be- intentions here. They said, do not be and laptop computers, decided she was cause the assumption is that 100,000 alone with the child and do not ever ex- going to go down to Gray, Georgia, and teachers is automatically a good idea. press any kind of affection. So now she grace the good teacher with some of That sounds good to most people, has to go back and tell all the teachers her wisdom. 100,000 teachers. That sounds like a in Camden county not to hug, not to Now, this young lady, who is a fine very positive thing. Most people who touch, not to be alone with children. person, I am sure, but she had never are familiar with classrooms that are Just think about this a minute. If taught kids. So she goes down to the overcrowded and so on just naturally you are a C student and you did not get teacher and says, you know, after 30 assume that that is somehow going to the quadratic formula the first time years of teaching, you have been teach- help. But it ignores the question of around, you cannot go after school and ing kids on the right-hand side of the quality, which is the bigger issue and see Ms. Jones because she has to have chalkboard, and do you know that the the more important issue. a witness for that 20 minutes that you left side of the brain learns faster than What we find time and time again is are with her that she did not try any- the right side, and so what you need to that a quality teacher makes far more thing on you. And if you are a little, do is switch and put everything over on difference than a greater volume of say, a 6-year-old or 7-year-old and you the right side of the chalkboard, or the teachers. The research is, across the have some problems with the mechan- left side of the chalkboard, because academic spectrum, replete with re- ics of relieving yourself in the boys’ or that is really where you can improve sults showing, and this is one from the girls’ room, sometimes you might need your education, teaching. This is a National Center for Policy Analysis, a teacher assistant. You cannot do that lady who has been teaching for 30 and I will just read the first paragraph: any more without a witness, because years, listening to a 25-year-old bu- ‘‘There is little evidence that smaller the National Department of Education reaucrat from Washington, D.C. who classes help students,’’ says education knows best for the children in Camden had never put one hour in a classroom. expert Chester Finn, Jr., who by the County. This was a lady, a veteran teacher that way, was a pretty high-ranking official She said, but you know what the real you and I talk about and our cousins in the Department of Education a few tragedy is? Camden County is the home talk about and our friends talk about years back, ‘‘and reducing class size of Kings Bay Naval Base, lots of young and we still remember what she taught may even hurt student achievement if moms and dads, lots of parents of very us about Hemingway and Thoreau and the new teachers are mediocre,’’ again, small children who are away for 6 Chaucer. But the good old Department bringing the argument back to the no- months at a time. She said, these little of Education, because they love chil- tion that quality matters more than kids have a lot going on in their lives. dren. quantity. ‘‘Yet, President Clinton has They need a hug a lot more than they It is odd to me how a bureaucrat in proposed shrinking classes in the early need an A, and if we want to help chil- Washington, D.C., as smart as they are, grades to 18 students per teacher by dren, we need to get the bureaucracy in and as much love as they have in their hiring 100,000 more teachers at Federal Washington off the backs of the teach- hearts can love kids down in Gray, expense for 7 years,’’ and the report ers in Camden County so that they can Georgia, and teach them better than goes on further. do what they know best locally. And the people in Gray, but also better In fact, I would ask unanimous con- they are going to use good judgment. than the people in New York City or sent that this be entered into the They do not need the bureaucracy of California or Colorado. I mean, these record. It is a brilliant report that Washington, D.C. to stick their nose in are very interesting, brilliant people. shows that just spending money does their business. I know they are doing it The gentleman was talking about not necessarily accomplish the goal of in, Colorado; but it is just that same waste. There was an interview this improving teacher quality. Sometimes Washington-knows-best culture, let us weekend on a television show with that can happen. Spending money spend money because the money well, John Stossel and Barbara Walters, and sometimes can work, but what we need as the President said, ‘‘it is not their what the Clinton person was saying, are locally-elected school boards; we money.’’ I guess the President is a very well, the Republicans want to slash need professionals in administrative wealthy guy. But it certainly, as he class size. And Mr. Stossel, who is a positions, superintendents and prin- says, it is not their money. I would neutral journalist says, oh, come on. cipals and other supervisors who are agree with him, it is certainly not the Local districts pay for education. Is capable and competent of using the Government’s money on any level; it is there no fat in the Education Depart- dollars in a way that more effectively the taxpayers’ and the hard-earned ment? In five years, Federal education meets the needs and objectives of class- workers’ money that we are spending funding has increased 20 percent. There rooms and children and fits consist- here, and that is why we should be very are now 4,000 workers in Washington, ently within their management style careful on how we spend it. D.C., attending conferences, making at a classroom level. b phone calls, and not teaching. Are they So, Mr. Speaker, I would ask unani- 2030 really necessary? mous consent to enter that into the Mr. SCHAFFER. Absolutely. The as- Or how about the $400,000 appro- RECORD at this point. sumption that the dollars that the tax- priated to build a Doctor Seuss statue. Mr. KINGSTON. Mr. Speaker, let me payers send to Washington do not be- Is that really necessary? He goes on tell the gentleman another story from long to the taxpayers, but to the people and on and on. It is not just the De- back in the district, Camden County, in Washington, I cannot think of a partment of Education. The Depart- Georgia, a Southeast Georgia county more arrogant statement for anyone in ment of Interior, the Department of that borders the St. Mary’s River just Washington to make than that which Defense, the Department of Family North of Jacksonville, Florida. A lady was made just today down at the White Services. Everything has waste in it, down there, she was not a teacher, she House. and the only thing we have asked these was with the local Board of Education Sending those dollars to Washington bureaucracies in Washington to do is and she had just returned from Athens, also entails being accountable for those cut out one penny on the dollar so that Georgia, where the University of Geor- dollars once they are spent. What three we will not have to spend Social Secu- gia is located, from an anti-hugging of us discovered, Members of Congress rity money. We want to be able to seminar. Now, that was not the name who actually went down to the Depart- spend it. of it, but that is what they called it. ment of Education office building a Mr. SCHAFFER. Mr. Speaker, re- What she had to attend was a con- week ago Friday, was that the Depart- claiming my time, the examples the ference put on by the national Depart- ment’s budget is not auditable. Their

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.086 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11691 accounting system is so bad that the that my constituents and the gentle- and they have a little bit of a mess General Accounting Office and the In- man’s and the constituents of every over there. They have committed to spector General of the Department of other Member of Congress worked hard working with us as Members of Con- Education have concluded that for fis- today to pay their income taxes and gress to try to fix these problems. cal year 1998, their books are still send them here to Washington, D.C. Again, this is the monotonous, boring, unauditable, meaning that we will They would prefer to see those dollars nuts and bolts details of keeping track never really know in full detail where spent on things that they can have of the people’s tax dollars. the money went that was spent in the some confidence in at the local level, When we allow ourselves to believe, Department of Education in 1998. maybe for their families, maybe sav- as the President clearly demonstrated Mr. KINGSTON. Exactly how much ings for their own children. he does, that it is not their money, it money is the gentleman talking about But to have those dollars taken from is not the taxpayers’ money, then it be- that is unauditable? them, sent here to Washington, D.C. comes easier to rationalize a lot of Mr. SCHAFFER. Let me use 1999, and accounted for in such a poor way, waste in Washington. It becomes easier since I am more familiar with those is a true disservice to the American to rationalize rules and regulations and dollars. We spend approximately $35 taxpayer. The bottom line is, the in- mandates and red tape attached to the billion in annual appropriations for the ability to effectively manage the finan- taxpayers’ dollars that renders those Department of Education. The Depart- cial cash flow of a large department dollars less effective. ment of Education also manages the like the Department of Education If we really believe that the money loan portfolios of virtually every stu- hurts children. belongs to the White House and not to dent who has gone to school in Amer- This picture right here to my right the American people, then it is easy to ica and financed a college education represents, and I know it talks about start talking about the taxpayers’ through a guaranteed government stu- the inability to audit the financial hard-earned dollars in terms of cam- dent loan. books of the Department of Education, paign one-line gimmicks, rather than So when we add the loan portfolio, but what is really jeopardized through doing the hard work of helping chil- this is an agency that is in charge of a this process is the ability to get dollars dren. total financial portfolio of about $120 to children, to get dollars to the class- That is why there is such a difference billion annually, and for an agency of room. Children are hurt when the De- of opinion in this appropriations proc- that size, it makes it effectively one of partment of Education is run so poorly, ess between the Congress and the the largest financial institutions on as we are discovering this year. White House, between the Republicans the entire planet. Their 1998 books are Mr. KINGSTON. Children are denied and the Democrats. On our side of the not auditable. The American people the good quality education, the quality aisle, we are willing to do the hard and this Congress have no assurance education that they need. work to help children, to squeeze the that the money in 1998 was spent well, It is interesting that Mobil Oil Com- efficiency out of the Federal govern- let alone in subsequent years after pany cut their budget by 11 percent ment so that the taxpayers are honored that, which the appropriations are this year. AT&T cut their budget by $2 by having dollars come to Washington built upon. billion. Yet, when we go to bureauc- and help their children learn, not The point of all this is, for any presi- racies in Washington and ask them to squander the dollars in Washington as dent or any Cabinet Secretary to sug- come up with 1 percent, they cannot though they belonged to the White gest that there is no savings to be find it. House and people here in D.C., and that found in a department is ludicrous at a To me, if I was the President and my somehow children do not matter. time when they cannot even tell us cabinet said that, I would say, look, That is the difference between the where the dollars that are already in you know what, this is not our money; Republican vision to help children and the Department are right now. The of course, I know he thinks it is; but, the Democrat vision to help govern- books in the Department are not you have got to find 1 percent. That is ment. auditable. reasonable. Nobody in America cannot Mr. KINGSTON. If the gentleman Mr. KINGSTON. If the gentleman find one cent in a dollar they spend to will yield, again, all we are asking will yield further, Mr. Speaker, can the come up with savings. Washington to do is to do what people gentleman tell me this: If the IRS Mr. SCHAFFER. I want to point out back home do, come up with 1 cent on came to a business and found that busi- again, Mr. Speaker, this is a simple every dollar they spend. One cent in ness could not be audited, and they picture that represents a big problem. savings here means savings for retire- were having a dispute over accounting Talking about finances and accounting ment, for social security, not just for for tax dollars, what would the IRS do? and talking about financial procedures, seniors today but for all generations. Mr. SCHAFFER. Depending upon the accounting procedures, and the port- That is all it takes. length of time, there may be some ex- folios of loan funds and grant-backed I am on the Subcommittee on Agri- tensions that a business could file, but funds is complicated, monotonous, bor- culture, Rural Development, Food and not without substantial penalty, and ing stuff for a lot of people. We cannot Drug Administration, and Related certainly corporate embarrassment. It sum up the nature of the problem by Agencies of the Committee on Appro- is more a matter of an unacceptability using some catchy word like 100,000 priations, and if I eat a cheese pizza, it by stockholders and people who own a teachers, like the President would sug- has been inspected by the Food and business who would not put up with the gest that we ought to do. Drug Administration. But if I get a management of their enterprise in such What the President ought to be doing pepperoni pizza, it has to be inspected a way. is focusing on this problem right here, by the United States Department of Beyond that, failure to audit books the financial mismanagement of a $120 Agriculture. in a way which can provide a clear pic- billion agency that affects children I eat lots of pizza because I have four ture as to the tax liability will send every day in America. He ought to roll kids. It would appear to me that surely people to jail. So in many cases, I up his sleeves and go down there to the we could have the same inspector think what the gentleman from Geor- Department of Education head- checking the pepperoni and the cheese gia was getting at, in many cases a quarters, just like Members of Con- pizza. I do not know if there is a dif- business that had a picture like this of gress were willing to do just a few days ferent department for sardines, and their financial statements not being ago, and start asking some hard ques- knowing Washington there probably is, auditable would be liable for substan- tions to the people in charge of these but it just goes on and on and on here, tial civil penalties, possibly criminal various programs. the potential savings that are resisted, penalties, and certainly be looking at I will tell the Members what he will and only in this town. the potential of jail time. find, which is just what we found. We In real America, every American does I point all that out, and our goal is did not find any real resentment or re- what we did yesterday. Sunday morn- not to send anybody in the Department sistance, for that matter. We found ing, Sunday mid-morning you go of Education to jail or even to fine some pretty conscientious employees through Parade Magazine, you go them, but the point of all of this is who realized they are in deep trouble through the local coupons in your local

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.088 pfrm02 PsN: H08PT1 H11692 CONGRESSIONAL RECORD — HOUSE November 8, 1999 Piggly-Wiggly, and I guess, what does paying the taxes, with complying with dates. If I can use a bit of one of these the gentleman have in Colorado, Tar- the IRS, and the Federal government apples, again, I will use the 35 percent get? spends a certain amount of our edu- that goes to the classroom and start Mr. SCHAFFER. We have those, yes. cation dollar right up front just to pay there, as the gentleman from Pennsyl- Mr. KINGSTON. Target sells gro- for the cost of collecting that edu- vania pointed out, in reality, when we ceries, right? What is the gentleman’s cation dollar. That comes right out of talk about all of the dollars that end big grocery stores? the education apple to begin with. up in a classroom, most of those dol- Mr. SCHAFFER. We go to Then those dollars come here to Con- lars are State and local dollars. The Albertson’s. gress, and we redistribute those dol- Federal government, through this proc- Mr. KINGSTON. My mother lives in lars. By the time they leave the United ess that I mentioned, really sends Louisville, and I just wanted to make States Department of Education and about 6 to 7 percent of the classroom sure. I knew it was Albertson’s. We come through this process, the U.S. De- budget, or is responsible for 6 to 7 per- have Piggly-Wiggly. If we want to buy partment of Education takes its bite cent of the classroom budget. Yet, for the Special K cereal or we want to buy out of the apple, and it is a pretty sub- this little amount of funding in every the Clusters, the kind of $3.50 a box stantial bite out of the apple, as well. classroom comes the vast majority of stuff, we have to have the 75 cents, the Then those Federal education dollars the mandates that principals and 25 cents off coupons. Otherwise, we are go back to the States and are adminis- teachers and superintendents have to going to get Piggly-Wiggly brand. tered by various State bureaucrats, deal with. Some of the Piggly-Wiggly brand is and States have to comply with more Again, for this little bit of money we good but some just cannot quite com- Federal rules and regulations. They get this much rules and regulations. It pete with good old Kellogg’s Corn have to hire people to accomplish that. makes no sense. For many administra- Flakes, the best to you each morning. So of the education dollar, the States, tors that I speak with, that is the But we are not going to eat that unless by Federal mandate, are required to greatest thing they ask for. They do we can save a quarter or 50 cents. take their portion out of the equation, not even ask for more money. When it We are not unusual. We are out there as well. comes right down to it, they just want raising kids. That is just what we do. If By the time those dollars actually more freedom, more flexibility, more we get our car washed, it is because we get to a child or actually get to the liberty, to be able to use those dollars bought 8 gallons worth of gas. When we school district, the principal and the in a way that they see fit. fill up our tank, it is when we have superintendent, of course, they have to b 2045 found the cheapest gas station on the file reports with the Federal govern- And that brings us back to the origi- block, the one that is $1.07 a gallon, ment, as well. If they have lots of man- nal point of tonight’s special order, is not the one that is $1.15. I do not know dates and rules and regulations, as the that the Republican Party here in Con- who buys that premium unleaded stuff gentleman from Pennsylvania earlier gress desperately wants to help chil- that is $1.27 a gallon. Somebody must, pointed out, local school districts have dren and reach out to school districts but it is not people I know. People I to hire people to comply with those and the classrooms. We want to get know do not buy suits unless they are Federal education rules and regula- those dollars to the districts in a way on sale. They do not buy running shoes tions, also. that allows them to spend them in the unless they are discontinued. They do What we found here in Congress is by way that they see fit. But forcing not buy steak, they eat chicken. This the time an education dollar goes States to spend the money the way the is what American families go through through that whole process of being White House wants will result in more every single day. paid by a taxpayer and going back to headlines like we see today in New If you want to go on a vacation, you their home States, there is only about York going to individuals who are real- save up your money and the dryer 30 to 35 percent of that education dol- ly not teachers at all, folks who are in breaks, or you have to buy such excit- lar left. That is about it. classrooms who are uncertified, incapa- ing items as a new set of tires for your People back home believe that they ble of teaching. They are only there be- stationwagon. That is what America are working hard and they want to because somebody in Washington dished goes through daily, not just every now lieve that the dollars they spend are out the cash in large proportions and and then but every single day. helping children back home, but in re- invited someone else to spend it. What we are asking Washington to do ality this is what is coming home, just Mr. Speaker, the children really do just one time, for the sake of social se- a couple of bites of the apple. The rest not matter in this headline and we curity and for the sake of not having a is cut up in little chunks and pieces, think that is wrong. We want children tax increase, just find one measly little and bureaucrats all over Washington, to matter all across the country and penny on every dollar they save so that D.C. get their bellies full and they are we want to see headlines that are posi- we can protect and preserve social se- comfortable with these education dol- tive and talking about the great curity, not for the next election but for lars, but the children get a small per- growth and the world’s best schools. the next generation. centage left over. That is our goal and dream for our Mr. SCHAFFER. Mr. Speaker, I We want to make this percentage children and our country, and that is would like to use an example. That is, bigger. In fact, we want to make it as the goal to which we are most what Americans really want is to be close to 100 percent as we possibly can dedicated. able to send their tax dollars to a le- to help children back home. With that, Mr. Speaker, I thank gitimate purpose, to help school- Mr. KINGSTON. Mr. Speaker, if the those who have joined me in this spe- children, in this example. There is a gentleman will yield further, as I listen cial order tonight. difference between sending those dol- to the gentleman I remember my days SMALLER CLASSES NOT AN EDUCATION PANACEA lars directly to our local school or as a volunteer for United Way. United There is little evidence that smaller class- through the State, which the Constitu- Way, for every dollar someone contrib- es help students, says education expert Ches- tion clearly places States as the legiti- utes, it uses less than 10 cents for ad- ter E. Finn Jr., and reducing class size may mate jurisdiction to set up a public ministration. Ninety cents on that dol- even hurt student achievement if the new school system and to manage local lar goes to the victim, the social serv- teachers are mediocre. Yet President Clinton has proposed shrinking classes in the early schools. Most States defer a tremen- ice recipient, the person in need, 90 grades to 18 students per teacher by hiring dous amount of authority to local cents. 100,000 more teachers at federal expense for school boards. I would love to see the Washington seven years. Some of those dollars come here to bureaucracy adopt the United Way After reviewing the relevant research, Washington, D.C. So for a taxpayer standard, because if we did, then I economist Eric Hanuskek of the University who sends his or her hard-earned edu- think there would be enough money to of Rochester concluded ‘‘there is little sys- cation tax dollar to Washington, I want tematic gain from general reduction in class do everything to keep everybody satis- size.’’ to show the Members where those edu- fied. Class size has been shrinking for decades— cation tax dollars go. Because first, Mr. SCHAFFER. We really should. the national average is now 22 kids per class- there is an expense associated with just Then there is the question of man- room, down from more than 30 in the 1950s—

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.089 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11693 at immense cost, but with no comparable to make it so that none of this legisla- until we get a budget agreement that gain in achievement. tion, none of this positive agenda addresses some of the outstanding pri- In fact, the Asian countries that trounce pushed by the Democrats ever becomes orities for American families. I know the U.S. on international education assessments have vastly larger classes, often 40 or law. some of the previous speakers here on 50 per teachers. Mr. Speaker, I just want to give some the other side of the aisle tonight have And in California, When Gov. Pete Wilson examples, if I can, about the problems belittled the 100,000 teachers program shrank class sizes, veteran teachers left that we are facing with this Republican and said it is not necessary, adding inner-city schools in droves, lured by higher leadership and with this unfinished 100,000 teachers to bring down class- pay and easier working conditions in subur- agenda. room size. Well, they may belittle it, ban schools that suddenly had openings. What I find is that the Republican but we are not going home until we One or two studies that suggest fewer kin- leadership basically seems to be domi- dergarten children in a classroom is linked pass it and we have the extra teachers with modest test-score gains, says Finn; but nated by the far right, the ultra- to give to the communities to reduce more research is necessary before it can be conservatives within the Republican class size. said its efficacy has been proven. Party. They constantly talk about the Some have even belittled the Cops on Alternatively, Finn suggests the $12 billion need for tax cuts that primarily benefit the Beat program saying it gives in new federal spending Clinton proposes the wealthy and the larger corpora- money to the towns to hire extra po- would be better spent to fund $4,000 scholar- tions. They constantly talk about the licemen, 50- to 100,000 extra policemen, ships for 425,000 low-income students for need to get rid of government, couched but they only get it a few years and seven years. Or it could be used to improve somehow in that there are too many teaching by providing a $4,500 college tuition after that they do not have the money grant for every one of the nation’s 2.7 mil- government restrictions and so the any more. Well, again the idea of add- lion teachers. best thing is to get rid of all the re- ing police and giving some Federal dol- That would be useful. Finn points out, be- strictions and ultimately get rid of the lars back to the municipalities so they cause the Department of Education reports government. can hire extra police or extra teachers, that 36 percent of public-school teachers of They get dragged into somehow pass- there is no reason why those programs academic subjects neither majored nor ing sometimes, after a long period of cannot continue if the Republican lead- minored in their main teaching field. effort on the part of the Democrats, Source: Chester D. Finn, Jr. (president, ership was willing to continue to fund Thomas B. Fordham Foundation) and Mi- into passing legislation like the Pa- them for the municipalities, help the chael J. Petrilli (Hudson Institute), ‘‘The tients’ Bill of Rights for HMO reform. towns reduce their property tax rate, Elixir of Class Size,’’ Weekly Standard, But then they manage when it goes to provide more cops and more teachers. March 9, 1998. conference between the House and the And of course we also have the other f Senate to muck it up so nothing ever initiatives, the Democratic initiative gets to the President’s desk. to provide funding for school mod- DO NOTHING CONGRESS: AN Essentially what we have is a ‘‘do ernization, to provide more money for UNFINISHED AGENDA nothing Congress.’’ And it is also the open space so that communities, coun- The SPEAKER pro tempore. Under ‘‘wrong thing Congress’’ because the ties, States can purchase more prop- the Speaker’s announced policy of Jan- Republicans have the wrong agenda. erty for open space. uary 6, 1999, the gentleman from New They do not want to adopt the Demo- Mr. Speaker, I am going to go into Jersey (Mr. PALLONE) is recognized for crats’ agenda and adopt legislation some of these issues tonight in the 60 minutes as the designee of the mi- that helps the American people. They time that I have. I am not going to use nority leader. want to adopt the wrong agenda. all of the time, but I am going to go Mr. PALLONE. Mr. Speaker, I want Mr. Speaker, I suppose the biggest into some of the details about how the to spend some time this evening talk- example of that wrong agenda is the Republican agenda is this ultra- ing about the unfinished agenda for tax cut. Over the summer the Repub- conservative, right wing agenda, main- this Congress, because it is very likely lican leadership proposed and eventu- ly tax cuts for the rich, and how they that if not this week, then certainly ally passed narrowly a trillion dollar have not really dealt with the average very soon this Congress and this House tax cut for special interests that bene- problems or the concerns of the Amer- of Representatives will be in recess. I fited their wealthy corporate contribu- ican people. am hoping that we will be able to com- tors, but not 1 cent to extend the life of Let me talk a little bit about this plete the budget and the various appro- Social Security or to modernize Medi- Republican tax cut, because what I find priations bills that remain out there care with a prescription drug plan. In- is that my colleagues on the other side that have not been finalized here in the stead of allowing debate on a plan that of the aisle, they want to sort of forget House of Representatives. But my would allow seniors to buy prescription that they put together this trillion dol- point that I am trying to make tonight drugs at an affordable cost, Repub- lar tax cut primarily for the wealthy. is this Republican leadership, because licans joined with the pharmaceutical They talked about it a lot over the the Republicans are in the majority in industry to belittle the need for such a summer, but I guess they realized it the House of Representatives and they plan under Medicare in the first place. did not work and the American public do lead the House of Representatives as The Republicans fought tooth and did not want it, so they do not talk well as the Senate, and essentially nail to derail a bipartisan Patients’ about it much anymore. what we see is that the Republicans are Bill of Rights that would have taken Just a little bit about it. It was pri- determined to do nothing. medical decision-making away from in- marily, overwhelmingly I should say, Mr. Speaker, they have not been able surance company bureaucrats and re- skewed towards the wealthy and cor- to pass the appropriations bills. They turned it back to doctors and patients porations. It meant $46,000 extra per have not been able to essentially pass a where it belongs. year for the wealthiest taxpayers but budget, even though the fiscal year They have sat on, as I mentioned, only $160 per year for the average mid- began October 1. And, if anything, common sense gun control to please dle-class family. And there were $21 when we try to pass measures that are the gun lobby. More than 6 months billion in special interest tax breaks important to the American people such after the Columbine, Colorado inci- for big business. as Medicare prescription drug benefits dent, Republicans in Congress have The other thing, of course, is that or HMO reform Patients’ Bill of Rights still blocked any progress on keeping what they do when they enact this tril- or campaign finance reform or gun guns out of the hands of children and lion dollar tax cut, which the President safety laws that would make a dif- criminals by shutting the gun show wisely vetoed, is that that does not ference for the American people and loophole. leave any money in the surplus that that the public is crying out for in Mr. Speaker, what we are seeing here can be used to pay down the national most cases, what we see is that the Re- is this Republican Congress is all about debt. The President said that he want- publicans get dragged along reluc- inaction, indifference and inertia. ed to use the surplus that was gen- tantly to do perhaps something about Democrats really have said over and erated by the Balanced Budget Act to these issues, but ultimately do not do over again we are not going to go pay down the national debt, to shore up anything about it or manage somehow home, we are not going into recess here Social Security and Medicare.

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.035 pfrm02 PsN: H08PT1 H11694 CONGRESSIONAL RECORD — HOUSE November 8, 1999 Well, so much of that surplus, the conferees. But they managed, once Representative Greg Ganske of Iowa. whole thing was basically taken up by again, to screw this thing up so that Of the 12 Republican conferees, 10 voted the Republican tax cut for the wealthy the conference either will never take against the managed-care bill.’’ that the effort to reduce the national place or will never be effective in put- So what they did through a proce- debt, if that ever were passed and was ting together a bill that would go to dural gimmick is the Republican lead- not vetoed by the President, would the President and that would signal ership made sure that if the conference simply go out the window. It also si- real managed care reform. is ever held, which it may not be, that phoned money from the President’s If my colleagues do not want to take whatever comes out will be controlled Medicare and Social Security program. my word for it, let me point out that by the people who voted against the The President proposed in his State last Thursday’s New York Times had a very bill that passed overwhelmingly of the Union address that whatever great article, a congressional memo in the House of Representatives. surplus there was generated by the Bal- sort of a feature column by David ‘‘The rules of the House state:’’ and I anced Budget Act over the next 5 or 10 Rosenbaum, and I will quote a few sa- am going back to the New York Times years primarily would be used to shore lient passages. The title of the article article, that ‘‘In appointing Members up Social Security, because we know is ‘‘Not Quite Business as Usual in to conference committees, the Speaker that in maybe 20 or 30 years there will House on Managed Care.’’ This is how shall appoint no less than a majority of not be enough money to pay for the he describes it in his article: Members who generally support the people who are then seniors who reach And I quote: ‘‘Here is how the text- House position as determined by the the age of 65. He also wanted to use books say a bill becomes law: The Sen- Speaker. Technically, Mr. Hastert fol- about 15 percent of that surplus for ate passes the bill. Then the House of lowed that rule. The managed-care reg- Medicare in part to provide a new pre- Representatives passes its own version. ulations were attached to a separate scription drug program. Then a conference committee is formed bill, which Republicans call access leg- I will just mention this by way of where senior senators defend their bill islation, that will increase coverage for background, because I know the Repub- and senior representatives defend their the uninsured.’’ licans do not like to remember that tax bill, with both sides striking com- Now, what they are basically doing cut. But if that tax cut had ever passed promises to resolve their differences.’’ here is a gimmick. They put the man- and had gone primarily to the wealthy That is what I was describing before aged care reform bill in another bill. and the special interest corporations, about how we go about the conference. They are saying that most Republicans we would not be able to pay down the ‘‘But in the real world,’’ he goes on to voted for that, so that is okay. They do national debt which we are doing to say, ‘‘in the real world of power poli- not have to have conferees that sup- some extent now, we would not be able tics, conventional procedures are some- ported the managed care reform. Mr. Speaker, again, I only use this as to provide money for the Social Secu- times flouted. That is what happened an example. I could use campaign fi- rity system in the future, and we would in the House today on legislation ex- nance reform. I could use prescription not be able to pay for a prescription panding the rights of patients in man- drug benefits. I could use gun safety drug plan. aged care plans. It threatens to undo laws. The list goes on. Basically what- Now, I want to talk a little bit about the Chamber’s action on the bill. Last ever positive agenda there is for the two of the issues that I consider very month, by a lopsided vote of 275 to 151, American people, the Republican lead- important here, which are not part of the House passed a bill that would give ership is determined that they are the Republican leadership agenda, patients a wide range of new rights in going to kill it. which are part of the Democratic agen- dealing with their health insurance Now, let me just mention another da and which the Republicans continue companies. In July, the Senate had issue that I consider very important to try to muck up so they do not be- passed a bill covering barely a quarter and that I think we are starting to see come law. One is managed care reform as many patients and giving them a more and more information that tells and the other is the prescription drug much more limited set of rights.’’ us about the problems that seniors benefit under Medicare for seniors. ‘‘The House bill was strongly sup- have trying to purchase and have Interestingly enough, last week we ported by President Clinton, and al- enough money or insurance to provide saw an interesting development with most all Democrats and 68 Republicans for prescription drugs. regard to the managed care reform. I voted for it. But Republican Leaders in think my colleagues and most of the the House opposed the measure, mak- b 2100 American people know that the Demo- ing its passage probably the most Well, we are just seeing more and crats along with some Republicans be- striking rebuff to the leadership since more information coming out every cause there was definitely bipartisan the party won control of the Congress day about how difficult this problem is support on this HMO reform, on a bi- in 1994.’’ for seniors, because Medicare does not partisan basis, but not with the sup- So the House leadership did not like cover prescription drugs in most cases. port of the Republican leadership but a what we call the Norwood-Dingell bill, Interestingly enough, a report came minority of the Republicans, we put to- named for the two chief sponsors, one out last week by Families USA called gether a managed care reform bill, the Republican, the gentleman from Geor- ‘‘Hard to Swallow Rising Drug Prices Patients’ Bill of Rights, that passed gia (Mr. NORWOOD), and one Democrat, for American Seniors.’’ I would just the House of Representatives over- the gentleman from Michigan (Mr. DIN- like to provide some of the information whelmingly about a month ago. GELL). The House leadership did not that was in the introduction or the Well, the problem is once a bill like the bill. They stalled, they stalled. summary of this report that came out passes here, we have to go to con- Finally the bill passes overwhelmingly. last week because it shows dramati- ference with the Senate and try to So what do they do? cally how seniors increasingly cannot work out the differences between the Going back to The New York Times. afford the cost of prescription drugs two Houses. We call that a conference, ‘‘Today, these leaders,’’ Republican and are going without. the people who are appointed are called Leaders, ‘‘used their authority to make We all know that prescription drugs conferees. The Republican leadership sure the Republican conferees named are really the best preventative meas- never appointed any conferees for to negotiate with the Senate were on ure that one can take, particularly as a about a month because they did not their side and not on the side that won senior, to avoid hospitalization, to want to move forward on the con- the vote, a tactic that could effectively avoid having to go to a nursing home, ference because they did not want a stifle any action regulating managed to avoid being institutionalized. They managed care reform bill to be passed care plans in this Congress.’’ They are are a preventative. If seniors cannot af- by both Houses and go to the President going to kill the bill. ford them, they are going to end up in for a signature. ‘‘The chief Republican sponsor of the a hospital, they are going to end up in But, finally, because the Democrats measure, Representative Charlie Nor- a nursing home, they are not going to kept pressuring about the appointment wood of Georgia, was denied a seat on be able to take the preventative action of the conferees, they finally did decide the conference committee. So was an- that comes from having access to pre- last week that they would appoint the other leading Republican supporter, scription drugs.

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.094 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11695 Well, the Families USA report, if I caps on overall drug coverage, and re- fully phased in by 2008. Beneficiaries can just quote, Mr. Speaker, some of strictions on the drugs that can be pre- with incomes below 135 percent of pov- the salient points. This is in the intro- scribed. erty would not pay premiums or cost duction, which I thought was particu- For example, only three of the 10 sharing. larly significant. It says that, ‘‘For standardized Medigap policies sold I do not want to, again, go into all older Americans, the affordability of offer prescription drug coverage, two of the details, but I just did want to say prescription drugs has long been a these policies require a $250 annual de- that, to date, once again, the Repub- pressing concern. Outpatient prescrip- ductible, charge a 50 percent co-pay- lican leadership has failed to show even tion drug coverage is one of the last ment for each drug, and have a max- the slightest understanding of the two major benefits still excluded from imum annual benefit of $1,250. The broad underpinnings of this prescrip- Medicare, and the elderly are the last third, which has a much higher pre- tion drug issue; and that is the price major insured consumer group without mium, has the same high deductible discrimination that seniors face in pur- access to prescription drugs as a stand- and co-payment and has a $3,000 cap. chasing prescription drugs and the ard benefit. It is not included in Medi- So what we are finding is that the need to establish a comprehensive care. sources of prescription drug coverage Medicare drug benefit in order to help ‘‘Although many Medicare bene- for seniors are basically drying up. seniors combat this price discrimina- ficiaries have access to supplemental Next year the value of drug benefits tion. prescription drug coverage, too often and Medicare HMOs will decline. On There have been some dramatic ex- that coverage is very expensive and average co-payments for brand-name amples. The Government operations, very limited in scope. What is more, drugs will increase by 21 percent, and the House Committee on Government such coverage is on the decline. As a co-payments for generic drugs will in- Reform did a lot of analysis of price result, older Americans who are by far crease by 8 percent. discrimination and basically showed the greatest consumers of prescription I do not want to continue going that, if one goes to Mexico and Canada, drugs pay a larger share of drug costs through this, but I think this Families generally the same exact drugs that out of their own pockets than do those USA report shows dramatically how so were available in those countries are who are under 65. many seniors do not have any access to available for about half the cost of ‘‘Four years ago, Families USA found prescription drug coverage and they what they are sold for here in the that the prices of prescription drugs are simply paying everything out-of- United States. commonly used by older Americans pocket, which they cannot afford; or Again, I do not want to go into all were rising faster than the rate of infor those who have some sort of cov- the details on this, Mr. Speaker, but I flation. To determine if this trend of erage, the prices, the cost, the co-pay- just would point out that the problem steadily increasing prices for prescrip- ments, the deductibles, and even the with price discrimination exists be- tion drugs has improved, remained the ability to obtain coverage at all, all cause seniors without coverage have no same, or worsened, Families USA gath- those factors, everything is declining. negotiating power. They do not have ered information on the prices of pre- We have to do something about it. the power to obtain pharmaceuticals at scription drugs most heavily used by Well, the President has proposed lower prices through bulk purchases older Americans over the past 5 years. doing something about it, and the like the drug industry’s most favorite ‘‘Our analysis shows that, in each of Democrats have proposed doing some- customers. We have to address that. the past 5 years, the prices of the 50 thing about it. This is part of our posi- This Republican leadership has failed prescription drugs most used by older tive agenda which we cannot get passed to address it. Americans have increased considerably in the Republican Congress with this I do not intend to use all the time al- faster than inflation. While senior citi- Republican leadership. lotted to me this evening, but I just zens generally live on fixed incomes The President a long time ago, much wanted to spend a few more minutes that are adjusted to keep up with the earlier this year, came up with the idea talking about what is really happening rate of inflation, the cost of the pre- of a Medicare prescription drug benefit. here. Not only is this Republican lead- scription drugs they purchase most fre- He wanted to establish a new voluntary ership not addressing the real issues quently has risen at approximately two Medicare Part D prescription drug ben- that need to be addressed like managed times the rate of inflation over the efit that is as affordable and available care reform, like Medicare prescription past 5 years and more than four times to all beneficiaries. drugs; but they cannot even perform the inflation over the last 2 years.’’ Now, I am not saying that the Presi- the basic functions of the House in Now, just again to show my col- dent’s proposal is necessarily the one terms of getting the budget passed. leagues how bad the situation is be- we should adopt, but the Republican They continue to break their promises coming for seniors, just a little more leadership does not want to adopt any- that they make in trying to accom- information that comes from the dis- thing. They say the problem does not plish that goal. cussion in this Families USA report, it exist or make some other excuse. We are now on the fourth CR, the says that ‘‘because Medicare does not But I will just give my colleagues a fourth continuing resolution. As of Oc- cover outpatient prescription drugs, little information about the Presi- tober 1, the new fiscal year began. The many beneficiaries look elsewhere for dent’s proposal because I think it is a new budget, the 13 appropriations bills drug coverage. About 28 percent of the good one. He says that there would be were supposed to be adopted by October Medicare beneficiaries receive some no deductible, and Medicare would pay 1. They were not. Every week or so, we drug coverage through employer-spon- for half of the beneficiary’s drug cost pass a new continuing resolution to sored retiree plans, about 11 percent from the first prescription filled each keep the Government going and not from Medicaid, about 8 percent from year up to $5,000 in spending. close down for another week or so. Now individuals purchasing Medigap insur- He would ensure beneficiaries a price we are on our fourth that extends, I be- ance, about 7 percent from Medicare discount similar to that offered by lieve, to November 10, sometime this HMOs, and about 3 percent from public many employer-sponsored plans for week, in time for Veterans’ Day when sources such as the VA or State phar- each prescription purchased even after we probably will recess. maceutical programs for the low-in- the $5,000 limit is reached. The fact that we are in such disarray, come elderly,’’ something that we have I want to stress how important that and we have not been able to adopt the in New Jersey. is to be able to do bulk purchases and budget is bad enough; but there are two But 35 percent of Medicare bene- keep the prices down, because price things about what has been going on ficiaries, 14 million people, have abso- discrimination is a huge problem right that I think need to be highlighted lutely no coverage for prescription now for seniors if they do not have ac- that maybe in some respects are even drugs. Interestingly enough, even for cess to some kind of plan where the worse. those 65 percent who do have access to purchases are made in bulk. The two promises that basically the some drug coverage, what the Families The plan that the President proposed Speaker made and the Republican lead- USA report shows is that much of that will cost about $24 per month begin- ership made earlier in this year about inadequate with high co-payments, low ning in 2002 and $44 per month when the budget, both of which have been

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.096 pfrm02 PsN: H08PT1 H11696 CONGRESSIONAL RECORD — HOUSE November 8, 1999 broken, one is that the appropriations the New York Times last week, that last week, that talked about the focus bill would stay within the Balanced talked about how these spending limits on this Social Security surplus and dip- Budget Act and the caps that were set that were set forth with much fanfare ping into it. The New York Times forth pursuant to the Balanced Budget as part of the Balanced Budget Act a pointed out, again, that the Repub- Act so that we would not exceed the couple years ago have just basically licans have already dipped into the So- level of spending that was basically put been ignored. cial Security surplus so that that forth and outlined over the next 5 or 10 Many of us at the time when the Bal- whole issue is really moot. But what years on an annual basis. There were anced Budget Act was passed thought they say is the most important aspect caps on the level of spending that were this was going to be really significant and the best example of inaction here put forth for each fiscal year. in terms of trying to keep the budget is how we are not dealing with the Well, the Republican appropriation focused, not go into debt, create a sur- long-term solvency of Social Security. bills have already busted the outlays plus that could be used to shore up So- There again, I go back to what the caps for fiscal year 2000 by billions of cial Security and Medicare, to pay for President said in his State of the Union dollars. I have actually an article in prescription drugs, whatever. But what message earlier this year. He said, the Wall Street Journal that talks we see is that the caps are effectively look, we can take the majority of the about this. I think I will just put it up dead. surplus that is being generated from here for a minute, Mr. Speaker. If one looks at this article in the New the Balanced Budget Act over the next This is from Friday, October 29, Wall York Times from last week, it says 10 years and we can use that to shore Street Journal. I think people gen- that ‘‘In effect, Washington has now up Social Security so the trust fund re- erally understand that the Wall Street substituted a new standard of fiscal remains viable, and 20 or 30 years from sponsibility, the loser goal of not Journal tends to be Republican and now, when all the baby boomers be- spending surplus Social Security tends to be conservative. This is an ar- come senior citizens, or even sooner, money. Only through budget games- ticle there that says that, ‘‘The Con- there will be money there for Social manship can either party claim to be gressional Budget Office estimates that Security; and we can use a significant meeting even that new standard this the GOP exceeds spending targets by portion of the surplus also for Medicare year.’’ so we can have a prescription drug ben- over $31 billion. Congressional Budget Well, just to give my colleagues an Office estimates show that Republicans efit. idea of some of the thing that they All I would like to conclude with to- are more than $31 billion over their ini- have done to get away the caps, the ar- tial spending targets for this year, night, Mr. Speaker, is to say, please, to ticle says that, ‘‘Under the law, Con- my colleagues on the other side, to the risking the Government having to bor- gress and the administration must re- Republican leadership that runs this row again from Social Security. main within the caps, or the White House of Representatives, before we ‘‘Prior appropriations bills have ex- House must enact the across-the-board ceeded Mr. Clinton’s requests from leave here, let us adopt a budget, but cuts to bring spending back into line.’’ let us also make sure that we address funding everything from veterans’ Last year, the Republican leadership medical care and the Pentagon to the some of these both short-term and exploited a loophole intended to deal long-term issues that need to be ad- Environmental Protection Agency. with wars or natural disasters. They dressed. All the Democrats are saying Even with the 1 percent across-the- designated $20 billion in outlays as is that we are crying out for bipartisan board cut that the Republicans touted emergency spending that is not tech- action on Social Security to make sure here a couple weeks ago, the Labor nically subject to the limits. They did that we address the solvency long-term Education Health bill, which is ex- the same thing this year. on Medicare, to make sure we provide a pected to be passed by the Senate on Appropriations committees have al- prescription drug benefit, address cam- Monday, includes major spending in- most arbitrarily placed $17.5 billion in paign finance reform, address the gun creases over the last year. discretionary spending, including spare safety issue, address the concerns with ‘‘The GOP continues to work to what parts for the Pentagon, financing for regard to HMOs and pass the Patients’ amounts to two sets of book, this is the the 2000 census under the emergency Bill of Rights. gimmicks, one based on the CBO and umbrella. They have also used a tactic that Let us get active on an agenda. Let the other on spending estimates by the us not just sit back and say that this Office of Management Budget. When compares spending estimates, this is what was in the Wall Street Journal as House of Representatives and this Con- the OMB’s numbers are favorable, gress should run away from everything House and Senate budget committees well, where they look at the CBO numbers versus the OMB numbers, and they and the government should basically simply direct CBO to adjust the esti- dismantle itself and not try to take mates accordingly.’’ Well, it goes on. use whatever numbers they think are appropriate to try to say that they are some action in a positive way that The point I am trying to make, Mr. would benefit the American people. Speaker, is that there is absolutely no not sending money. Whatever. The point I am trying to make, Mr. I do not want to come here every day question that based on the CBO esti- and see us fool around with appropria- mates that the Republicans spending Speaker, is that we are here on this fourth continuing resolution. It is over tions bills and not pass a budget, and bills have busted the fiscal year 2000 at the same time not address these outlays, the caps, by $30.7 billion. They a month since the budget was supposed to be fashioned. All we keep hearing major concerns that should be ad- use all kinds of gimmicks to try to jus- from the other side is that, oh, we are dressed, and that is what we are seeing tify that as emergencies or whatever. here every day amongst the Republican Now, the second promise that the Re- going to stay here because we do not want to dip into Social Security. The leadership; inaction on the budget, publicans made was that they were not reality is they have already dipped into gimmicks on the budget, no action on going to dip into the Social Security Social Security about $17 billion. the major issues that are important to Trust Fund. On October 28, the Con- The last thing I wanted to mention the American people. gressional Budget Office certified that tonight, and I go back to the Social Se- And worst of all, last week the the GOP leadership had broken that curity issue again because I know some Speaker again started to talk about a program. They sent a letter to Con- of my colleagues on the Democratic major tax cut, as if the only thing that gress certifying that, on the basis of side have been attacked by Republican this Republican leadership could do is CBO estimates of the 13 completed GOP commercials, accusing them of dipping to talk about another tax cut that is appropriation bills, the GOP bills spend into Social Security when, in fact, it is going to benefit primarily the wealthy $17 billion of the Social Security sur- the Republican leadership that has and provide corporations with some tax plus, even after their 1 percent across- dipped into Social Security with their breaks. It is almost as if the only thing the-board cut is taken into consider- appropriations and their spending bills that the Speaker and the Republican ation. to the tune of $17 billion. leadership can think about at any Mr. Speaker, I just wanted to go into given time is coming up with more tax b this a little bit, and then I will com- 2115 cuts. plete my presentation this evening. And there was a good article, again That is not what needs to be done. There was an article, I guess it was in an editorial in The New York Times We need to address the issues that the

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.097 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11697 public is crying out for, and I hope that advantaged youngsters. And, in fact, cent uncertified teachers. They do not we do, otherwise we will be continuing unfortunately, we even have examples do that because they want that to hap- to speak out on the Democratic side of of where the opposite happened; that pen, they do it because they do not the aisle every night to demand action the gap even widened. have qualified teachers and they can- on these important issues that the That is why it is so difficult for me not get certified teachers. American people want to see attended now to watch us make the same mis- And, of course, just being certified to. take with the 100,000 teacher idea that does not mean they are qualified. How- f is presented by the administration. I ever, what it does mean is that the am not certain that my colleagues re- State of New York has said that the THE BUDGET alize that in the first group where the minimal requirement they should have The SPEAKER pro tempore (Mr. contracts were let, it is somewhere be- before they go before a class as a teach- SIMPSON). Under the Speaker’s an- tween 21,000 and 29,000 new teachers, we er is what the State has outlined. nounced policy of January 6, 1999, the cannot quite find out exactly how These 50 percent do not have those gentleman from Connecticut (Mr. many it is, but there was no account- minimal qualifications. SHAYS) is recognized for 60 minutes. ability whatsoever. The only require- So I would hope, and again this is a Mr. SHAYS. Mr. Speaker, this is the ment was a reduction of class size. budget issue, this is an appropriations first time I think all year I have taken Well, everybody knows that if a par- issue, but, gee, let us do something a special order. I have done a number ent has an opportunity to have their about closing that gap between the ad- in past years, but I am very grateful to child in a classroom with a quality vantaged and the disadvantaged. Let us have the time to do this. teacher with 28 students, or they have not just give lip service to the fact that Before I discuss the budget, which I an opportunity to have their child in a if somehow or other we reduce class intend to talk about in my special classroom with 18 students with medi- size all of that will happen. order, I would just make the comment ocrity leading that class, parents are The most important person in a that quite often the criticism on the going to choose the quality teacher. child’s life is, first, the parent; second, other side of the aisle is that we spend But every one of those grants that is a quality teacher; and, third, and we too much or we are not spending went out, nothing was asked in return do this in Even Start, those who are enough. And it is really important, I in relationship to we will improve the parents that are not able to prepare think, for the other side of the aisle to academic achievement of all of these their child for a good learning experi- decide on one of their arguments and students, the most needy students, the ence by the time they reach first grade then we can have an honest debate most disadvantaged students. They we also say we need to help make sure about it. We want an across-the-board 1 just had to reduce class size. that that parent is the child’s first and percent cut, and yet we are hearing on So we came to the floor of the House most important teacher. the other side of the aisle that we and, with a bipartisan effort, passed So as we go through this budget debate, as we go through this debate in should not make that reduction; yet we the Teacher Empowerment Act. And in relationship to appropriations, I hope are also hearing that we are spending that act we said the first responsi- that we will think about children, and too much. bility, the major responsibility, is to I hope that we will realize that the pro- Before I talk about my budget, we reduce class size, but do not do it un- grams have not worked. And all the have the chairman of the Committee less a qualified teacher can be put in auditors have ever done is say the on Education and the Workforce, the that classroom; and do not do it if money went to the right place, but gentleman from Pennsylvania (Mr. there is no classroom to put the new they never said we accomplished any- GOODLING), really the most informed teacher in. As a matter of fact, if it thing to change that achievement gap. and most dedicated person on the issue must be used, use it to improve the So again I appeal to the administra- of education, and I would like to give quality of the teachers presently in the tion. Let us talk in terms of how we him an opportunity to make some com- system. make sure that every teacher in that ments on what we are doing in edu- And today the headline in the New classroom is a qualified teacher so cation. York Daily News is ‘‘Not Fit to Teach every child has a chance to succeed. Mr. GOODLING. Mr. Speaker, I Your Kid. In some city schools 50 per- And I thank the gentleman for yielding thank the gentleman for yielding to cent of teachers are uncertified.’’ And to me. me. all we are doing is adding to that lack Mr. SHAYS. It has been my pleasure. One of the most frustrating experi- of certified, lack of qualified teachers Mr. Speaker, when I was elected in ences I have had in my entire career in in the classroom by merely saying take 1987, I had had 12 years, actually 13 the Congress of the United States is to this money, reduce class size, it does years experience in the State House in see us, and in very well meaning ef- not matter who it is that is teaching in Connecticut, where I was the ranking forts, budget billions of dollars and that classroom. member of both the appropriations then appropriate billions of dollars to Now, I would imagine that of this 50 committee and the finance committee. try to reduce the gap between the ad- percent there are probably 25 percent And it amazed me as a member in the vantaged and the disadvantaged stu- of those people who could become very State House how Members in Congress dents in this country and to sit there excellent teachers in a very difficult could ignore the requirement to get and realize that no matter how well situation if they could divert money to our country’s financial house in order. meaning the attempt was, in many in- properly prepare and train them to On the State level we simply had to stances it was wrong from day one. teach. One of the requirements the stay within a budget, we had to stay We know that, and knew from the State says is that we will require that, within the flow of funds that presented very beginning, that the manner in for instance, a high school teacher has themselves in terms of revenue. which we were trying to deal with Head to be certified to teach the subject We are in an extraordinarily inter- Start was not going to give the young- they are teaching. Big deal. I would esting time because we have seen a lot sters a head start. We knew very well hope so. I would hope a math teacher happen since 1987 when I was first that it became a poverty jobs program or a science teacher is certified and elected. When I was first elected, I instead of a program to make sure that qualified and knows how to teach math joined forces with my colleague, the disadvantaged youngsters and poor and knows how to teach science. gentleman from Ohio (Mr. KASICH), who youngsters had an opportunity to be- But all we do with the 100,000 teach- really led the fight as a minority mem- come reading ready before they went ers is say they must reduce class size. ber at the time, who started to present into a failing 1st grade experience. It does not matter where there is in- ways to slow the growth of what we We did the same thing with Title I, equality. And that is a tragedy, be- call mandatory spending, which are more than $120 billion. Again, we real- cause we know that cannot work. We what others refer to as entitlements ized in many instances that that be- know that they have to have the flexi- and to actually cut what government came a poverty jobs program rather bility to use some of the funds to prop- spends. than a program to reduce the achieve- erly prepare the teachers that they When we look at our Federal budget, ment gap between advantaged and dis- have. This city would not have 50 per- only one-third is what we vote on each

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.099 pfrm02 PsN: H08PT1 H11698 CONGRESSIONAL RECORD — HOUSE November 8, 1999 and every year. Over 50 percent are ac- toric budget agreement in which we local government, what is to happen to tually on automatic pilot, unless we slowed the growth of entitlements and that revenue? Are we going to spend it change the requirements. If a program we cut government spending. From and make all three governments larger fits the title, they get the money, that, we started to see a significant and larger and larger? Or are we going whether it is Medicaid, Medicare, So- change. to look to return some of that revenue cial Security is a retirement system, This second budget chart just shows back to the taxpayers who are paying but if an individual puts into the fund, you the change in revenue estimates that? they are entitled to certain benefits, based on October 1999 and January 1999. The next chart that I want to show is and there are other entitlements as The blue line was the estimate in Janu- a chart that illustrates Congressional well. So we have about one-third of the ary 1999. Even then, just within a year, Budget Office estimates since 1992 to budget that we actually vote on and we are seeing a significant increase in the year 2009 of the total amount of re- two-thirds we are just on automatic the amount that we anticipate, just ceipts coming in with the total amount pilot. over a change of 10 months. Revenues of outlays, the money going out. The And everyone seemed content to are coming in at a much greater rate. key point is the year 1998, in which for allow that to happen. Part of that They are coming in for a number of the first time since 1968 that we had automatic pilot was interest on the na- reasons. First and foremost, we have more revenue coming in than going tional debt, which is almost 14 percent an extraordinarily well educated out. Now, since 1960, the Federal Gov- of our overall budget. populus that compete with anyone in ernment has been spending Social Se- the world. The cold war is over and ad- curity reserves. It has been spending it b 2130 mittedly the world is a more dangerous on mandatory spending and it has been It was interesting as Congress pre- place but we are able to focus more spending it on the appropriations ex- 1987 had adopted Gramm-Rudman. now on economic competition with our penditures that we have, the 13 budg- That was a program that was adopted trading allies and we are finding that ets. We have been taking since 1960 So- before I was elected. The interesting we are quite able to compete. And so cial Security money and spending it. thing about Gramm-Rudman, it basi- revenues are coming in at a much Basically it is being used to disguise cally said you had to stay within cer- greater rate because of that. But it is the overall debt of our country. tain budget caps, except it only was on also coming in because Congress in par- But the first thing we had to deal that one-third of the budget. And so ticular, and this new Republican ma- with before we even dealt with that what Members started to do is they jority, quite frankly, put the emphasis was to just make sure that we had an could not stay within the budget caps on getting our country’s financial economist’s view of a balanced budget, of what we vote on in defense and non- house in order. We started to reduce which was more money coming into defense budgets, the 13 budgets that we our deficits, which started to reduce the Federal Government than going out. Not only were we spending Social work on, so what they did is they start- the interest payments that we have to Security money but even with the So- ed to put things into the entitlements make, which started to help contribute cial Security money, we were still and make the automatic pilot grow to lowering interest rates in general even faster and faster. spending more than was coming in. and helping to increase the employ- So our first objective in the balanced I would like to go through certain ment rate and decrease the unemploy- budget agreement of 1997 was to reach budget charts and I would like to ment rate. that point, that point in which receipts thank my own staff member, Peter This next chart illustrates why this started to overtake outlays. We had a Carson, who is my AA, or what we refer Republican majority is concerned 5-year plan to do it. We passed it in to as an AA is really your chief of staff about taxes. Revenues are coming in at 1997 and we anticipated by the year 2002 and serves with me on the Committee an extraordinary rate. People have be- that we would finally reach that point on the Budget as well as Dick Magee come quite successful, our businesses in which revenues would exceed our who is on the Committee on the Budget are able to compete with the best in outlays or our expenditures. But it as a staff member and who helped me the world, and we are seeing a lot of happened in the first year of the bal- prepare these charts. I would like to go small businesses that are generating anced budget agreement. In other through 10 charts and describe what awesome economic activity and even words, revenues came in at a faster has happened since 1992 and what we our large businesses have become much rate than even we anticipated. Again, I project out to the year 2009. more efficient and they are able to raise the question, what is to happen to What is interesting to me is that produce more at a cheaper cost and those revenues? Do we spend them? Do when I was elected early on in 1987, we able to pass on some of that cost sav- we pay down debt with them? Or do we were looking at deficits as far as the ings to consumers and also able to return them to the American people by eye could see. But just before you had make a profit and to pay their employ- cutting taxes? a new Republican majority, the esti- ees more who in turn can buy more This chart is really one of the ones I mates for what that deficit would be goods. But what is of concern to us is find most interesting, at least in trying are shown in the lower red line on this in 1945, just at the end of World War II, to explain why in the world would this chart to my right. We were looking at we had the gross domestic product, rev- Congress want to cut taxes and why by deficits in the estimate in 1992 of $291 enues constituted 20.4 percent of all of such a large amount of money. The billion, then going to $310 billion, $291 the gross domestic product of our coun- Congressional Budget Office antici- billion, but by the year 1999, the year try, 20.4 percent were coming into the pated, and so did the Office of Manage- we just concluded, we were looking at coffers of the Federal Government. In ment and Budget of the President, that deficits of $404 billion. And in the budg- 1950, that went down to 14 percent. But in the next 10 years, we would have $3 et we are in the process of adopting, you can see that it has gotten back to trillion more money coming in to the deficits of $455 billion, just in that one its all-time high of 20.7 percent, and we Federal Government than going out. year. In other words, $455 billion more anticipate that it is going to continue Both OMB, the Office of Management money going out than coming into the to grow and grow. The question is, and Budget, and CBO, the Congres- Federal Government. what is going to happen to that rev- sional Budget Office, both of them When we made the estimates in 1995, enue? agreed that of that $3 trillion, $2 tril- we were still looking at deficits, the Now, another chart that illustrates lion was Social Security money, and $1 middle red line, as far as the eye could our concern with taxes are the fact trillion was true surplus. In other see, not above the line in which we that in 1947, if you took all of the Fed- words, no longer having to spend that have more revenue coming in than eral, State and local tax revenues, it Social Security money since 1960, even going out. Even in our estimates in accounted for 21.7 percent of our gross then we would still have a surplus over 1997, just before we adopted the bal- domestic product. But our Federal, the next 10 years of $1 trillion, or al- anced budget agreement, we were look- State and local revenues now con- most $1 trillion. Admittedly, in the ing at deficits of $108 billion, $124 bil- stitute 31.2 percent. Again, our concern first year, it would be $147 billion, in lion, $120 billion, $147 billion, ad infi- is with the increase in revenue that is the year 2000, rather, $147 billion of So- nitum. Only deficits. We passed an his- coming to both the Federal, State and cial Security reserves that we would

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.101 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11699 have and not spend, and then $14 bil- the President’s office, we have had a where we will be in this new budget lion that was a true tax overcharge, in surplus of $123 billion, a true surplus of agreement; and the question is, will we other words, more money coming in. $123 billion. Actually, I want to say it then go down and actually cut spend- What is to happen to that $14 billion? differently. We have had a Social Secu- ing, or will it continue to rise? The one What is to happen to the $38 billion in rity surplus of $124 billion, and a uni- value to the budget caps have been the year 2001? What is to happen to the fied surplus of $123 billion. The White that there has been some uniformity at $28 billion in the year 2002? These are House says we are still spending $1 bil- least staying close to them. But sadly, excess moneys, what I call a tax over- lion of Social Security money but the a year ago, when the President de- charge. We are taxing people more than Congressional Budget Office says we manded more spending, he got it. So we are actually going to spend. And have spent not $1 billion but actually why would I want a tax cut and why then in the year 2005, $92 billion. And in have saved $1 billion. would other Members want a tax cut? the year 2006, $129 billion. And then Why would we want a tax cut? And Because if the money is left on the 2007, $146 billion; 2008, $157 billion; 2009, how would we compare with the Presi- table, it is going to be spent. The sad $178 billion. What is to happen to that? dent? When the President presented his point is that it is already being spent. That amount of money that I have budget the beginning of this year, he All the money that we had reserved for mentioned is marked in red. It was our did not want a tax cut. He wanted a tax a tax cut in our $800 billion tax cut view that most of it should be a tax increase. that we sent the President and he ve- cut, we should return it back to the toed is now being spent. It is not there b 2145 American people. for a tax cut. Now, if I was a dictator, not even He actually wanted a net tax in- Let me just show one last chart. This President, but if I was a dictator, what crease of $52 billion and, over 10 years, is a good news story, for the most part. would I want to have happen? I would it would be $96 billion. So one can It basically is showing what is hap- want to take all of this tax overcharge imagine our concern when we start see- pening to our national debt. Our na- and I would want to pay down debt. ing more surplus coming in, we are tional debt is starting to level off and That would be my first choice. But I looking in 10 years of a true surplus of it is starting to level off because we happen to believe that if it is left on $1 trillion; and the President, instead have surpluses, and it is starting to the table, it is going to get spent. In of wanting to return that to the Amer- level off because we are going to use fact, the sad part of the story is that is ican people still wants to spend $52 bil- the Social Security surpluses and pay actually what is starting to happen, be- lion over 10 years, have a tax increase down public debt. Our debt to the trust cause the President vetoed our tax cut. of $52 billion over 5 years and $96 bil- funds continues to rise, but our debt, So you had $3 trillion, $2 trillion of it lion over 10 years. He wants a tax in- our public debt is going to fall and con- is truly for Social Security. What did crease; we wanted a tax cut. tinue to fall because we are using the we do? We took all of this money in Now, our tax cut over 10 years, ad- money from the trust funds to now at this area here, the Social Security sur- mittedly, would be $792 billion, about least pay off debt until we can reform plus, and we took that money and we 80 percent of the protected surplus. Social Security. I have a number of concerns about did not spend it, we paid down debt Over 5 years, it would have been $156 where we are at this point. The good with it. We reduced the debt of the billion. The reason we want that tax news is that 10 years ago we had ex- United States owed to the American cut is, if we do not have a tax cut, it traordinarily large deficits and when people and to businesses and to foreign will be spent. It will be spent because we looked at our estimates, those defi- interests that have helped fund our Congress, even some of my colleagues cits were high then and they were look- debt and we just started to pay down on my own side of the aisle have pro- ing to be even larger. We elected a new those obligations. That is what we grams they want to spend money on, Republican majority. And I say new want to do, $2 trillion of it. It was this and if it is left on the table, it will be Republican majority because this was $1 trillion that we debated. spent. Now, our Republican majority de- Why do I know it will be spent? Be- the first Congress that wanted to look cided that we would provide a tax cut cause it has been in the past. We have at entitlements and slow their growth of almost $800 billion, which is about 80 had a budget agreement in 1997 where and wanted to cut some spending. And percent of the total amount of what we we had budget caps, but even before the the end result has been that we have call the true surplus. agreement in 1997, we had the pay-go seen actual surpluses take place. My concern is that we not begin to I will illustrate it in another chart. agreement with President Bush that designate too much emergency spend- This chart again illustrates the total said that one could not increase an ening that again allows us to go over the amount of surplus, and in red is the titlement unless one found another caps, that we do not have too many ad- amount for a possible tax cut. That is way to pay for it; one could not have a vanced appropriations that begin to ap- what is available. That is what is the tax cut unless one found another way propriate money; the Committee on true surplus. This part here is the to pay for it. Appropriations appropriates money, money that we want to reserve for So- Now, our problem was not the same but not spend out over 13 months in- cial Security. The interesting thing is in 1990 because we still had a deficit. stead of 12, and that we do not do other that the budget that we just concluded, We want a tax cut because we now have items that ultimately make our efforts we came so close for the first time in surpluses. to balance the budget next year more not spending Social Security reserves. But this is my concern. And one will and more difficult. In fact, the Congressional Budget Of- notice that there is a sharp increase in The bottom line, we are getting our fice determined that we actually had a what happened in the budget of 1999, country’s financial house in order. We true surplus of $1 billion. But the Office the one that just concluded. And that are seeing an economy that is thriving; of Management and Budget, the office sharp increase occurred because a year we are seeing more and more revenue out of the White House, decided that ago at this time, the President of the come into the Federal Government, they would hold $2 billion more in re- United States, just before the congres- and what the American people are serves, and by doing that, they are say- sional elections, decided that he would going to have to decide is what do we ing we are still spending $1 billion of not agree to a budget unless we spent do with those surplus monies. the Social Security surplus. They de- more. And sadly, too many on both My hope, my prayer, and my votes termined that by simply deciding to sides of the aisle concurred with the are going to be to pay down the na- hold on to $2 billion more in reserves. President and agreed to spend more. tional debt. But if that is not going to But whatever number you are using, We have never been within the budget happen, then it must be returned to the whether we use the Congressional caps because Congress has declared American people in tax cuts, because if Budget Office that said we have truly emergencies and Congress has done it is not returned to the American peo- for the first time since 1960 not spent other approaches that have enabled us ple in tax cuts, then it will be spent as Social Security, or even using the to go over the budget caps. we are seeing happen right now. President’s number of only spending $1 My big concern is this number right What I would like to place ultimately billion of it, in other words, even using here and the trend line. Now, this is the greatest emphasis on is we have

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.103 pfrm02 PsN: H08PT1 H11700 CONGRESSIONAL RECORD — HOUSE November 8, 1999 been using Social Security funds since REPORT ON RESOLUTION PRO- Mrs. CHENOWETH-HAGE (at the re- 1960, and we came so close this past VIDING FOR CONSIDERATION OF quest of Mr. ARMEY) for today on ac- year in not spending any Social Secu- HOUSE JOINT RESOLUTION 76, count of illness. rity money, according to the Congres- WAIVING CERTAIN ENROLLMENT Mr. THOMAS (at the request of Mr. sional Budget Office, we have not ac- REQUIREMENTS FOR THE RE- ARMEY) for today on account of per- cording to the President, given the fact MAINDER OF THE 106TH CON- sonal reasons. he took $2 billion out in reserves, and GRESS f we have spent $1 billion of it. But next Ms. PRYCE of Ohio, from the Com- SPECIAL ORDERS GRANTED year, we intend to spend no Social Se- mittee on Rules, submitted a privi- By unanimous consent, permission to curity money. We are going to use all leged report (Rept. No. 106–461) on the of that to pay down the public debt. It address the House, following the legis- resolution (H. Res. 365) providing for lative program and any special orders is not going to be used to pay for pro- consideration of the joint resolution grams. We are going to ultimately re- heretofore entered, was granted to: (H.J. Res. 76) waiving certain enroll- (The following Members (at the reduce our total debt. ment requirements for the remainder The question is, what happens to that quest of Ms. DELAURO) to revise and ex- of the first session of the One Hundred tend their remarks and include extra- true surplus, above and beyond Social Sixth Congress with respect to any bill Security? Will it pay down public debt? neous material:) or joint resolution making general ap- Mr. REYES, for 5 minutes, today. Will it be returned to the American propriations or continuing appropria- Mr. LIPINSKI, for 5 minutes, today. people in tax cuts, or will it be spent? tions for fiscal year 2000, which was re- Mr. POMEROY, for 5 minutes, today. And sadly, while we are in next year’s ferred to the House Calendar and or- Mr. KIND, for 5 minutes, today. budget not going to be paying, using dered to be printed. Mr. MINGE, for 5 minutes, today. Social Security money to balance our f (The following Members (at the re- budget, we are not going to be using quest of Mr. EHLERS) to revise and ex- that money, I am afraid that the REPORT ON RESOLUTION PRO- tend their remarks and include extra- money that we had reserved for taxes VIDING FOR CONSIDERATION OF neous material:) is now being spent, and it is being H.R. 1714, ELECTRONIC SIGNA- Mr. OXLEY, for 5 minutes, today. spent frankly, in large measure, be- TURES IN GLOBAL AND NA- Mr. BURTON of Indiana, for 5 minutes, cause my colleagues on the other side TIONAL COMMERCE ACT today. of the aisle are critical with our efforts Ms. PRYCE of Ohio, from the Com- Mr. RYAN of Wisconsin, for 5 minutes, to cut spending, even though they say mittee on Rules, submitted a privi- November 9. we are spending too much in certain leged report (Rept. No. 106–462) on the Mr. PAUL, for 5 minutes, today. Mr. EHLERS, for 5 minutes, November areas, they have opposed any efforts to resolution (H. Res. 366) providing for 9. try to cut spending or slow the growth consideration of the bill (H.R. 1714) to Mr. KINGSTON, for 5 minutes, today. in spending. facilitate the use of electronic records Mr. SMITH of Michigan, for 5 minutes, Mr. Speaker, if we cannot cut spend- and signatures in interstate or foreign November 9. ing, if we cannot control the growth in commerce, which was referred to the f government spending, there will be no House Calendar and ordered to be money for tax cuts. It will all be spent. printed. SENATE BILLS REFERRED f f Bills of the Senate of the following titles were taken from the Speaker’s RECESS REPORT ON RESOLUTION PRO- VIDING FOR CONSIDERATION OF table and, under the rule, referred as The SPEAKER pro tempore (Mr. H.R. 3073, FATHERS COUNT ACT follows: SIMPSON). Pursuant to clause 12 of rule OF 1999 S. 1346. An act to ensure the independence I, the Chair declares the House in re- and nonpartisan operation of the Office of cess subject to the call of the Chair. Ms. PRYCE of Ohio, from the Com- Advocacy of the Small Business Administra- Accordingly (at 9 o’clock and 54 min- mittee on Rules, submitted a privi- tion; to the Committee on Small Business. leged report (Rept. No. 106–463) on the S. 1418. An act to provide for the holding of utes p.m.), the House stood in recess court at Natchez, Mississippi, in the same subject to the call of the Chair. resolution (H. Res. 367) providing for consideration of the bill (H.R. 3073) to manner as court is held at Vicksburg, Mis- f sissippi, and for other purposes; to the Com- amend part A of title IV of the Social mittee on the Judiciary. b 2318 Security Act to provide for grants for S. 1769. An act to continue the reporting projects designed to promote respon- requirements of section 2519 of title 18, AFTER RECESS sible fatherhood, and for other pur- United States Code, beyond December 21, The recess having expired, the House poses, which was referred to the House 1999, and for other purposes; to the Com- mittee on the Judiciary. was called to order by the Speaker pro Calendar and ordered to be printed. f tempore (Mr. DREIER) at 11 o’clock and f 18 minutes p.m. LEAVE OF ABSENCE ENROLLED BILL AND JOINT RESOLUTION SIGNED f By unanimous consent, leave of absence was granted to: Mr. THOMAS, from the Committee REPORT ON RESOLUTION PRO- Mr. REYES (at the request of Mr. GEP- on House Administration, reported VIDING FOR CONSIDERATION OF HARDT) for November 5 on account of that that committee had examined and H.R. 1555, INTELLIGENCE AU- official business. found truly enrolled a bill and a joint THORIZATION ACT, 2000 Mr. OWENS (at the request of Mr. resolution of the House of the following Ms. PRYCE of Ohio, from the Com- GEPHARDT) for today on account of offi- titles, which were thereupon signed by mittee on Rules, submitted a privi- cial business. the Speaker: leged report (Rept. No. 106–460) on the Ms. CARSON (at the request of Mr. H.R. 3122. An act to permit the enrollment resolution (H. Res. 364) providing for GEPHARDT) for today on account of offi- in the House of Representatives child Care consideration of the bill (H.R. 1555) to cial business. Center of children of Federal employees who authorize appropriations for fiscal year are not employees of the legislative branch. Mr. MENENDEZ (at the request of Mr. H.J. Res. 54. Joint resolution granting the 2000 for intelligence and intelligence- GEPHARDT) for today on account of per- consent of Congress to the Missouri-Ne- related activities of the United States sonal business. braska Boundary Compact. Government, the Community Manage- Mr. PASCRELL (at the request of Mr. f ment Account, and the Central Intel- GEPHARDT) for today on account of per- ligence Agency Retirement and Dis- sonal business. SENATE ENROLLED BILLS SIGNED ability System, and for other purposes, Ms. KILPATRICK (at the request of Mr. The Speaker announced his signature which was referred to the House Cal- GEPHARDT) for today on account of offi- to enrolled bills of the Senate of the endar and ordered to be printed. cial business. following titles:

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.106 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11701 S. 468. An act to improve the effectiveness Commission, transmitting the Commission’s 5240. A letter from the Chairman, Council and performance of Federal financial assist- final rule—Revision of the NRC Enforcement of the District of Columbia, transmitting a ance programs simplify Federal financial as- Policy [NUREG–1600] received November 4, copy of D.C. ACT 13–156, ‘‘Child Support and sistance application and reporting require- 1999, pursuant to 5 U.S.C. 801(a)(1)(A); to the Welfare Reform Compliance Temporary ments, and improve the delivery of services Committee on Commerce. Amendment Act of 1999’’ received November to the public. 5229. A letter from the Assistant Secretary 2, 1999, pursuant to D.C. Code section 1— S. 900. An act to enhance competition in for Legislative Affairs, Department of State, 233(c)(1); to the Committee on Government the financial services industry by providing transmitting certification of a proposed li- Reform. a prudential framework for the affiliation of cense for the export of major defense equip- 5241. A letter from the Chairman, Council banks, securities firms, insurance compa- ment sold under a contract to the Republic of the District of Columbia, transmitting a nies, and other financial service providers, of Croatia [Transmittal No. DTC 132–99], pur- copy of D.C. ACT 13–162, ‘‘Sex Offender Reg- and for other purposes. suant to 22 U.S.C. 2776(c); to the Committee istration Temporary Act of 1999’’ received on International Relations. f November 2, 1999, pursuant to D.C. Code sec- 5230. A letter from the Assistant Secretary tion 1—233(c)(1); to the Committee on Gov- BILLS PRESENTED TO THE for Legislative Affairs, Department of State, ernment Reform. transmitting certification of a proposed li- PRESIDENT 5242. A letter from the Administrator, En- cense for the export of defense articles or de- vironmental Protection Agency, transmit- Mr. THOMAS, from the Committee fense services sold commercially under a ting a copy of the ‘‘EPA’s Inventory of Com- on House Administration, reported contract to Greece [Transmittal No. DTC mercial Activities’’; to the Committee on that that committee did on the fol- 146–99], pursuant to 22 U.S.C. 2776(c); to the Government Reform. Committee on International Relations. 5243. A letter from the Deputy Assistant lowing dates present to the President, 5231. A letter from the Chairman, Council Administrator for Fisheries, National Ma- for his approval, bills of the House of of the District of Columbia, transmitting a rine Fisheries Service, National Oceanic and the following titles: copy of D.C. ACT 13–149, ‘‘Annuitants’ Health and Life Insurance Employer Contribution Atmospheric Administration, transmitting On November 3, 1999: the Administration’s final rule—Fisheries of H.R. 441. To amend the Immigration and Amendment Act of 1999’’ received November 2, 1999, pursuant to D.C. Code section 1— the Caribbean, Gulf of Mexico, and South At- Nationality Act with respect to the require- lantic; Technical Amendment [Docket No. ments for the admission of nonimmigrant 233(c)(1); to the Committee on Government Reform. 990924262–9262–01; I.D. 091699A] received No- nurses who will practice in health profes- vember 4, 1999, pursuant to 5 U.S.C. sional shortage areas. 5232. A letter from the Chairman, Council of the District of Columbia, transmitting a 801(a)(1)(A); to the Committee on Resources. H.R. 974. To establish a program to afford 5244. A letter from the Deputy Assistant high school graduates from the District of copy of D.C. ACT 13–148, ‘‘Mt. Gilead Baptist Church Equitable Real Property Tax Relief Administration for Fisheries, National Ma- Columbia the benefits of in-State tuition at rine Fisheries Service, National Oceanic and State colleges and universities outside the Act of 1999’’ received November 2, 1999, pursuant to D.C. Code section 1—233(c)(1); to the Atmospheric Administration, transmitting District of Columbia, and for other purposes. the Administration’s final rule—Fisheries of On November 5, 1999: Committee on Government Reform. 5233. A letter from the Chairman, Council the Caribbean, Gulf of Mexico, and South At- H.R. 609. to amend the Export Apple and of the District of Columbia, transmitting a lantic; Fishery Management Plans of the Pear Act to limit the applicability of the Act copy of D.C. ACT 13–147, ‘‘Separation Pay South Atlantic Region (FMPs); Addition to to apples. Adjustment Amendment Act of 1999’’ re- Framework Provisions [Docket No. f ceived November 2, 1999, pursuant to D.C. 990506122–9284–02; I.D. 020899A] (RIN: 0648– Code section 1—233(c)(1); to the Committee AL42) received November 4, 1999, pursuant to ADJOURNMENT on Government Reform. 5 U.S.C. 801(a)(1)(A); to the Committee on Ms. PRYCE of Ohio. Mr. Speaker, I 5234. A letter from the Chairman, Council Resources. move that the House do now adjourn. of the District of Columbia, transmitting a 5245. A letter from the Acting General The motion was agreed to; accord- copy of D.C. ACT 13–146, ‘‘Josephine Butler Counsel, Executive Office for Immigration Parks Center Property Tax Relief Act of ingly (at 11 o’clock and 20 minutes Review, Department of Justice, transmitting 1999’’ received November 2, 1999, pursuant to the Department’s final rule—Executive Of- p.m.), under its previous order, the D.C. Code section 1—233(c)(1); to the Com- fice for Immigration Review; Board of Immi- House adjourned until tomorrow, Tues- mittee on Government Reform. gration Appeals: Streamlining [EOIR No. day, November 9, 1999, at 9 a.m., for 5235. A letter from the Chairman, Council 122F; AG Order No. 2263–99] (RIN: 1125–AA22) morning hour debates. of the District of Columbia, transmitting a received November 4, 1999, pursuant to 5 copy of D.C. ACT 13–154, ‘‘District of Colum- f U.S.C. 801(a)(1)(A); to the Committee on the bia Board of Real Property Assessments and Judiciary. EXECUTIVE COMMUNICATIONS, Appeals Membership Simplification Act of 5246. A letter from the Director, Office of 1999’’ received November 2, 1999, pursuant to ETC. Regulatory Management and Information, D.C. Code section 1—233(c)(1); to the Com- Environmental Protection Agency, transmit- Under clause 8 of rule XII, executive mittee on Government Reform. ting the Agency’s final rule—National Pol- communications were taken from the 5236. A letter from the Chairman, Council lutant Discharge Elimination System—Reg- of the District of Columbia, transmitting a Speaker’s table and referred as follows: ulations for Revision of the Water Pollution copy of D.C. ACT 13–155, ‘‘Adoption and Safe Control Program Addressing Storm Water 5225. A communication from the President Families Temporary Amendment Act of Discharges [FRL–6470–8] (RIN: 2040–AC82) re- of the United States, transmitting a request 1999’’ received November 2, 1999, pursuant to ceived November 3, 1999, pursuant to 5 U.S.C. for supplemental appropriations language to D.C. Code section 1—233(c)(1); to the Com- 801(a)(1)(A); to the Committee on Transpor- help in addressing the urgent needs of the mittee on Government Reform. tation and Infrastructure. mid-Atlantic States in the wake of Hurri- 5237. A letter from the Chairman, Council 5247. A letter from the Chief, Regulations cane Floyd; (H. Doc. No. 106—155); to the of the District of Columbia, transmitting a Branch, Department of the Treasury, trans- Committee on Appropriations and ordered to copy of D.C. ACT 13–163, ‘‘Temporary Real mitting the Department’s final rule—For- be printed. Property Tax Exemption for the Phillips Col- eign Locomotives and Railroad Equipment 5226. A letter from the Director, Regula- lection Temporary Act of 1999’’ received No- in International Traffic; Technical Amend- tions Policy and Management Staff, FDA, vember 2, 1999, pursuant to D.C. Code section ment (T.D. 99–79) received November 4, 1999, Department of Health and Human Services, 1—233(c)(1); to the Committee on Govern- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule— ment Reform. Listing of Color Additives for Coloring 5238. A letter from the Chairman, Council mittee on Ways and Means. Meniscal Tacks; D&C Violet No. 2; Confirma- of the District of Columbia, transmitting a f tion of Effective Date [Docket No. 98C–0158] copy of D.C. ACT 13–157, ‘‘University of the received November 4, 1999, pursuant to 5 District of Columbia Board of Trustees Resi- REPORTS OF COMMITTEES ON U.S.C. 801(a)(1)(A); to the Committee on dency Requirement Temporary Amendment PUBLIC BILLS AND RESOLUTIONS Commerce. Act of 1999’’ received November 2, 1999, pur- Under clause 2 of rule XIII, reports of 5227. A letter from the Director, Regula- suant to D.C. Code section 1—233(c)(1); to the committees were delivered to the Clerk tions Policy and Management Staff, FDA, Committee on Government Reform. Department of Health and Human Services, 5239. A letter from the Chairman, Council for printing and reference to the proper transmitting the Department’s final rule— of the District of Columbia, transmitting a calendar, as follows: Indirect Food Additives: Polymers [Docket copy of D.C. Act 13–161, ‘‘Lateral Appoint- Mr. YOUNG of Alaska: Committee on Re- No. 99F–0345] received November 4, 1999, pur- ment of Law Enforcement Officers Tem- sources. H.R. 3002. A bill to provide for the suant to 5 U.S.C. 801(a)(1)(A); to the Com- porary Amendment Act of 1999’’ received No- continued preparation of certain useful re- mittee on Commerce. vember 2, 1999, pursuant to D.C. Code section ports concerning public lands, Native Ameri- 5228. A letter from the Director, Office of 1—233(c)(1); to the Committee on Govern- cans, fisheries, wildlife, insular areas, and Congressional Affairs, Nuclear Regulatory ment Reform. other natural resource-related matters, and

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.036 pfrm02 PsN: H08PT1 H11702 CONGRESSIONAL RECORD — HOUSE November 8, 1999 to repeal provisions of law regarding termi- mittee on Resources, and in addition to the By Ms. KAPTUR (for herself and Mr. nated reporting requirements concerning Committee on the Budget, for a period to be HUNTER): such matters (Rept. 106–458). Referred to the subsequently determined by the Speaker, in H.R. 3251. A bill to establish the National Committee of the Whole House on the State each case for consideration of such provi- Commission on the Impact of United States of the Union. sions as fall within the jurisdiction of the Culture on American Youth; to the Com- Mr. MCCOLLUM: Committee on the Judici- committee concerned. mittee on Education and the Workforce. ary. H.R. 2336. A bill to amend title 28, By Mr. BASS (for himself, Mr. DUNCAN, By Mr. KASICH (for himself and Mr. United States Code, to provide for appoint- Mrs. CHRISTENSEN, Mrs. ROUKEMA, BOEHNER): ment of United States marshals by Attorney Mrs. MYRICK, Mrs. JOHNSON of Con- H.R. 3252. A bill to amend the Internet Tax General; with an amendment (Rept. 106–459). necticut, Mr. PETERSON of Pennsyl- Freedom Act to make permanent and extend Referred to the Committee of the Whole vania, and Mr. DOYLE): its moratorium on certain taxes, and for House on the State of the Union. H.R. 3246. A bill to amend title IV of the other purposes; to the Committee on the Ju- Mr. GOSS: Committee on Rules. House Emloyee Retirement Income Security Act of diciary, and in addition to the Committee on Resolution 364. Resolution waiving points of 1974 to reduce the amount of premiums re- Ways and Means, for a period to be subse- quired to be paid by small businesses to the order against the conference report to ac- quently determined by the Speaker, in each Pension Benefit Guaranty Corporation; to company the bill (H.R. 1555) to authorize the case for consideration of such provisions as the Committee on Education and the Work- appropriations for fiscal year 2000 for intel- fall within the jurisdiction of the committee force. ligence and intelligence-related activities of concerned. By Mrs. CHRISTENSEN (for herself, the United States Government, the Commu- By Mr. KENNEDY of Rhode Island (for Mr. UNDERWOOD, Mr. BISHOP, Mr. JEF- nity Management Account, and the Central himself, Mr. TAUZIN, and Mr. FERSON, Mr. DAVIS of Illinois, Mr. Intelligence Agency Retirement and Dis- WEYGAND): OWENS, Mr. CONYERS, Mr. PAYNE, Mr. ability System, and for other purposes (Rept. H.R. 3253. A bill to redesignate the Coastal FATTAH, Mr. RANGEL, Mr. LEWIS of 106–460). Referred to the House Calendar. Barrier Resources System as the ‘‘John H. Georgia, Mr. THOMPSON of Mis- Mr. DIAZ-BALART: Committee on Rules. HAFEE sissippi, Ms. KILPATRICK, Mr. C Coastal Barrier Resources System’’; House Resolution 365. Resolution providing HASTINGS of Florida, Ms. LEE, Mrs. to the Committee on Resources. for consideration of the joint resolution (H.J. JONES of Ohio, Ms. CARSON, Mrs. By Mr. NADLER (for himself, Mr. RAN- Res. 76) waiving certain enrollment require- MEEK of Florida, Ms. BROWN of Flor- GEL, Mr. ENGEL, Mr. RAMSTAD, and ments for the remainder of the first session ida, Ms. EDDIE BERNICE JOHNSON of Mr. WEINER): of the One Hundred Sixth Congress with re- Texas, Mr. CLYBURN, Mr. MEEKS of H.R. 3254. A bill to amend title 28 of the spect to any bill or joint resolution making New York, and Mr. GEORGE MILLER of United States Code to authorize Federal dis- general appropriations or continuing appro- California): trict courts to hear civil actions to recover priations for fiscal year 2000 (Rept. 106–461). H.R. 3247. A bill to amend the Internal Rev- damages or secure relief for certain injuries Referred to the House Calendar. enue Code of 1986 to increase job creation to persons and property under or resulting Mr. DRIER: Committee on Rules. House and small business expansion and formation from the Nazi government of Germany; to Resolution 366. Resolution providing for con- in economically distressed United States in- the Committee on the Judiciary. sideration of the bill (H.R. 1714) to facilitate sular areas; to the Committee on Ways and By Ms. NORTON (for herself and Mr. the use of electronic records and signatures Means. WYNN): in interstate or foreign commerce (Rept. 106– By Mr. COBURN (for himself and Mr. H.R. 3255. A bill to assist local govern- 462). Referred to the House Calendar. SMITH of New Jersey): ments in conducting gun buyback programs; Ms. PRYCE of Ohio: Committee on Rules. H.R. 3248. A bill to amend the Public to the Committee on the Judiciary. House Resolution 367. Resolution providing Health Service Act and the Federal Food, By Mr. PASCRELL (for himself, Mrs. for consideration of the bill (H.R. 3073) to Drug, and Cosmetic Act with respect to in- MCCARTHY of New York, Mr. RAHALL, amend part A of title IV of Social Security formation on the human papillomavirus Mr. SHOWS, Mr. ABERCROMBIE, Mr. Act to provide for grants for projects de- (commonly known as HPV); to the Com- FRANK of Massachusetts, Mr. signed to promote responsible fatherhood, mittee on Commerce. BALDACCI, Mr. KLINK, Mr. PALLONE, and for other purposes (Rept. 106–463). Re- By Mr. HOUGHTON (for himself, Mr. Mr. BRADY of Pennsylvania, Mr. ferred to the House Calendar. CARDIN, Mrs. JOHNSON of Con- COOK, Mr. GUTIERREZ, Mr. STARK, Mr. necticut, Mr. ENGLISH, Mr. f BAIRD, Mrs. KELLY, Mr. ROTHMAN, MCDERMOTT, Ms. JACKSON-LEE of Ms. HOOLEY of Oregon, Ms. LOFGREN, Texas, Mr. FOLEY, Mr. RAMSTAD, Mrs. PUBLIC BILLS AND RESOLUTIONS Mr. HOLT, Mr. CROWLEY, Mr. THURMAN, Mr. NADLER, Ms. DUNN, Mr. CAPUANO, Mr. MALONEY of Con- Under clause 2 of rule XII, public HORN, Ms. SLAUGHTER, Mr. NEAL of necticut, Mr. FALEOMAVAEGA, Mr. ELLER bills and resolutions were introduced Massachusetts, Mr. W , Mr. COYNE, Mr. FROST, Mr. UNDERWOOD, COYNE, Mr. MATSUI, Mrs. MALONEY of and severally referred, as follows: Mr. OLVER, Mr. MCGOVERN, Mr. WAX- New York, and Mrs. KELLY): MAN, Mr. OBEY, Mr. BERMAN, Mr. By Mr. SMITH of New Jersey (for him- H.R. 3249. A bill to amend the Internal Rev- DEFAZIO, Mr. STUPAK, Mr. ROMERO- self, Mr. GEJDENSON, Ms. KAPTUR, Ms. enue Code of 1986 to provide that a deduction BARCELO´ , Mr. BARCIA, Mr. MOORE, SLAUGHTER, Mr. LANTOS, Ms. MCKIN- equal to fair market value shall be allowed NEY, Mr. KING, Mr. WOLF, and Mr. for charitable contributions of literary, mu- Mr. GORDON, Mrs. THURMAN, Mr. TAL- COOKSEY): sical, artistic, or scholarly compositions cre- ENT, Mr. PHELPS, Mr. HINCHEY, Mr. H.R. 3244. A bill to combat trafficking of ated by the donor; to the Committee on ENGLISH, Mrs. CAPPS, Mr. DAVIS of persons, especially into the sex -rade, slav- Ways and Means. Florida, Ms. PELOSI, Mr. FORBES, Ms. ery, and slavery-like conditions in the By Mr. THOMPSON of Mississippi (for CARSON, Mr. SKELTON, Mr. VIS- United States and countries around the himself, Mr. LEWIS of Georgia, Mr. CLOSKY, and Mr. HOYER): world through prevention, through prosecu- NORWOOD, Mr. JACKSON of Illinois, H.R. 3256. A bill to amend title 38, United tion and enforcement against traffickers, Mr. BROWN of Ohio, Mr. TOWNS, Ms. States Code, to improve outreach program and through protection and assistance to ROYBAL-ALLARD, Mr. RODRIGUEZ, Mr. carried out by the Department of Veterans victims of trafficking; to the Committee on UNDERWOOD, Mr. FILNER, Mrs. Affairs to provide for more fully informing International Relations, and in addition to CHRISTENSEN, Mr. CONYERS, Mr. veterans of benefits available to them under the Committees on the Judiciary, and Bank- WYNN, Mr. GONZALEZ, Mr. HILLIARD, laws administered by the Secretary of Vet- ing and Financial Services, for a period to be Ms. CARSON, Ms. EDDIE BERNICE erans Affairs; to the Committee on Veterans’ subsequently determined by the Speaker, in JOHNSON of Texas, Mr. SCOTT, Ms. Affairs. each case for consideration of such provi- KILPATRICK, Mr. CLYBURN, Mr. RUSH, By Mr. REYNOLDS (for himself, Mr. sions as fall within the jurisdiction of the Mr. CUMMINGS, Mr. PAYNE, Mr. DIXON, CONDIT, Mr. DREIER, Mr. PORTMAN, committee concerned. Mr. FORD, Ms. MILLENDER-MCDON- Mr. MORAN of Virginia, Mr. DAVIS of By Mr. YOUNG of Alaska (for himself ALD, Ms. WATERS, Mr. MEEKS of New Virginia, Mr. LINDER, Mr. GOSS, and and Mr. GEORGE MILLER of Cali- York, Mr. BISHOP, Mrs. MEEK of Flor- Mr. SESSIONS): fornia): ida, Mrs. JONES of Ohio, Mr. DAVIS of H.R. 3257. A bill to amend the Congres- H.R. 3245. A bill to establish a fund to meet Illinois, Ms. LEE, Ms. MCKINNEY, Mrs. sional Budget Act of 1974 to assist the Con- the outdoor conservation and recreation NAPOLITANO, Ms. JACKSON-LEE of gressional Budget Office with the scoring of needs of the American people, to provide Texas, Mrs. CLAYTON, Mr. WATT of State and local mandates; to the Committee Outer Continental Shelf impact assistance to North Carolina, Mr. FATTAH, Ms. on Rules. State and local governments, to amend the PELOSI, Mr. ABERCROMBIE, and Mr. By Mr. SMITH of Michigan: Land and Water Conservation Fund Act of GEORGE MILLER of California): H.R. 3258. A bill to amend title 11 of the 1965, the Urban Park and Recreation Recov- H.R. 3250. A bill to amend the Public United States Code to make debts to govern- ery Act of 1978, and the Act popularly known Health Service Act to improve the health of mental units for the care and maintenance of as the Federal Aid in Wildlife Restoration minority individuals; to the Committee on minor children nondischargeable; to the Act, and for other purposes; to the Com- Commerce. Committee on the Judiciary.

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.037 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11703

By Ms. VELA´ ZQUEZ: H.R. 1871: Mr. STUPAK. MAN, Mr. NADLER, Ms. HOOLEY of Oregon, and H.R. 3259. A bill to amend the Public H.R. 1885: Ms. MILLENDER-MCDONALD. Mr. MASCARA. Health Service Act and the Employee Retire- H.R. 1926: Mr. GOODLATTE. H.R. 3136: Mr. INSLEE. ment Income Security Act of 1974 to estab- H.R. 2059: Mr. MCNULTY, Mr. RANGEL, and H.R. 3140: Mr. MCDERMOTT, Ms. HOOLEY of lish certain requirements for managed care Mr. BONIOR. Oregon, Mr. BEREUTER, Mr. HALL of Ohio, plans; to the Committee on Commerce, and H.R. 2141: Mrs. EMERSON. Mr. SANDLIN, Mr. SANFORD, Mr. MCGOVERN, in addition to the Committee on Education H.R. 2355: Mr. DOGGETT. Mr. CUMMINGS, Mr. EWING, Ms. MCKINNEY, and the Workforce, for a period to be subse- H.R. 2380: Ms. WOOLSEY. Mr. POMEROY, Mr. NUSSLE, Ms. BALDWIN, Mr. quently determined by the Speaker, in each H.R. 2442: Mr. SHAW and Mr. LANTOS. INSLEE, Mr. BLUMENAUER, Mr. CAMPBELL, Mr. H.R. 2446: Ms. BERKLEY. case for consideration of such provisions as MINGE, Mr. MALONEY of Connecticut, Mr. H.R. 2498: Mr. PAYNE, Ms. CARSON, and Mr. fall within the jurisdiction of the committee SANDERS, Mr. DICKEY, and Mr. MCNULTY. STRICKLAND. concerned. H.R. 3144: Mr. HINOJOSA, and Mr. HOYER. H.R. 2570: Mr. GEKAS and Mr. GOODLING. By Mr. THOMAS: H.R. 3180: Mr. LUTHER, Mr. BACHUS, and H.R. 2573: Mr. GOODLATTE. H.J. Res. 76. A joint resolution waiving cer- Mr. WELDON of Pennsylvania. H.R. 2596: Mr. HUTCHINSON, Mr. TERRY, Mr. tain enrollment requirements for the re- H.R. 3220: Mr. LAFALCE, Mr. BERMAN, Mr. BRADY of Texas, Mr. SAXTON, Mr. KNOLLEN- mainder of the first session of the One Hun- VENTO, Mrs. JONES of Ohio, and Mr. BERG, Mr. RILEY, Mr. ISTOOK, Mr. SALMON, dred Sixth Congress with respect to any bill DELAHUNT. Ms. DUNN, Mr. KINGSTON, Mr. GEKAS, Mr. or joint resolution making general appro- H.R. 3224: Mr. GONZALEZ, Mr. MCNULTY, COMBEST, Mr. FOSSELLA, Mr. DOOLITTLE, and priations or continuing appropriations for and Mr. CAPUANO. Mr. MCCOLLUM. H.R. 3228: Mr. BATEMAN. fiscal year 2000; to the Committee on House H.R. 2620: Mr. CANADY of Florida. H.R. 3239: Mr. SANFORD. Administration. H.R. 2631: Ms. SANCHEZ. H. Con. Res. 115: Mr. HASTINGS of Florida, By Mr. MATSUI (for himself, Ms. ROY- H.R. 2640: Mr. TRAFICANT. ´ BAL-ALLARD, and Mr. DOOLITTLE): H.R. 2697: Mr. OWENS. Mr. ROMERO-BARCELO, Mrs. MEEK of Florida, H. Res. 363. A resolution recognizing and H.R. 2720: Mr. WU and Mr. OLVER. and Mr. GREENWOOD. honoring Sacramento, California, Mayor Joe H.R. 2722: Mr. BONILLA. H. Con. Res. 175: Mr. LUTHER and Ms. BERK- Serna, Jr., and expressing the condolences of H.R. 2727: Ms. WOOLSEY. LEY. the House of Representatives to his family H.R. 2730: Mr. RUSH, Mr. FALEOMAVAEGA, H. Con. Res. 197: Mr. HALL of Texas. and the people of Sacramento on his death; and Ms. MILLENDER-MCDONALD. H. Con. Res. 218: Mr. DOOLITTLE, Mr. HOLT, to the Committee on Government Reform. H.R. 2733: Mr. DOOLITTLE. Mr. DELAHUNT, and Mr. WYNN. H. Res. 94: Mr. CAPUANO. f H.R. 2741: Mr. MORAN of Virginia and Mr. DEUTSCH. H. Res. 238: Mr. DOOLITTLE. MEMORIALS H.R. 2749: Mr. GILCHREST and Mr. MILLER H. Res. 320: Mr. LIPINSKI. of Florida. H. Res. 325: Mr. MCKEON and Mr. Under clause 3 of rule XII, H.R. 2764: Mr. RAHALL, Ms. PELOSI, and Ms. BLUMENAUER. 279. The SPEAKER presented a memorial DEGETTE. H. Res. 340: Mr. WAXMAN. of the House of Representatives of the Com- H.R. 2781: Mr. WAXMAN. H. Res. 347: Mr. LARSON, Mr. MARKEY, Ms. monwealth of Massachusetts, relative to a H.R. 2785: Mr. RANGEL. LEE, Mr. VENTO, Mr. ROGAN, Mr. COYNE, and House Resolution memorializing the Con- H.R. 2840: Ms. ESHOO. Mr. KING. gress of the United States to Direct the H.R. 2859: Mr. BROWN of Ohio and Mr. LAN- H. Res. 350: Mr. FOSSELLA, Mr. LEWIS of Health Care Financing Administration to TOS. Kentucky, Mr. HAYES, Mr. SAM JOHNSON of Allow an Emergency Medigap Open Enroll- H.R. 2865: Mr. REYES and Mrs. MINK of Ha- Texas, Mr. MANZULLO, Mr. ROHRABACHER, Mr. ment for Senior Citizens; jointly to the Com- waii. WELDON of Pennsylvania, Mr. DOOLITTLE, Mr. mittees on Ways and Means and Commerce. H.R. 2867: Mr. BAKER, Mr. DEMINT, Mr. SOUDER, Mr. HALL of Texas, Mr. HAYWORTH, HOEKSTRA, Mr. HAYES, Mr. REYNOLDS, Mr. Mr. CHABOT, Mr. COOK, Mr. PACKARD, Mr. f STUMP, Mr. DOOLITTLE, Mr. MCINTOSH, Mr. SHIMKUS, Mr. LAHOOD, and Mr. HILLEARY. PRIVATE BILLS AND GOODE, Mr. BALLENGER, Mr. SMITH of Michi- H. Res. 357: Mr. FILNER. gan, Mr. CAMPBELL, Mr. HOSTETTLER, Mr. RESOLUTIONS f ISTOOK, Mr. WELDON of Florida, Mr. HILL of Under clause 3 of rule XII, Montana, Mr. WELDON of Pennsylvania, Mr. AMENDMENTS Mr. DUNCAN introduced A bill (H.R. 3260) PAUL, Mr. NETHERCUTT, Mrs. FOWLER, Mr. Under clause 8 of rule XVIII, pro- LATOURETTE, Mr. BURR of North Carolina, for the relief of Henry R. Jones; which was posed amendments were submitted as referred to the Committee on the Judiciary. Mr. SENSENBRENNER, Mr. CANADY of Florida, Mr. SUNUNU, Mr. KUYKENDALL, Mr. SANFORD, follows: f Mr. STEARNS, Mr. COBURN, Mr. FLETCHER, H.R. 1714 Mr. HILLEARY, Mr. MANZULLO, Mr. ARMEY, ADDITIONAL SPONSORS OFFERED BY: MR. BLILEY Mr. LUCAS of Oklahoma, Mr. COX, and Mr. [Amendment in the Nature of a Substitute] Under clause 7 of rule XII, sponsors HERGER. were added to public bills and resolu- H.R. 2890: Ms. SCHAKOWSKY, Mr. RODRIGUEZ, AMENDMENT NO. 1: Strike out all after the enacting clause and insert the following: tions as follows: and Ms. LEE. H.R. 2893: Mrs. BIGGERT, Mr. FOSSELLA, Mr. SECTION 1. SHORT TITLE. H.R. 82: Mr. HOLT and Mr. FLETCHER. PAUL, and Mr. SANDERS. This Act may be cited as the ‘‘Electronic H.R. 137: Ms. SANCHEZ. H.R. 2899: Mr. FRANK of Massachusetts. Signatures in Global and National Com- H.R. 148: Ms. BERKLEY. H.R. 2930: Mrs. MALONEY of New York, and merce Act’’. H.R. 180: Mr. GREENWOOD. Mr. MCDERMOTT. TITLE I—VALIDITY OF ELECTRONIC H.R. 220: Mr. CRANE. H.R. 2939: Ms. CARSON, Ms. BALDWIN, and H.R. 303: Mr. TERRY, Mr. CONYERS, Mr. RECORDS AND SIGNATURES FOR COM- Ms. WOOLSEY. MERCE ROGERS, Mr. DEAL of Georgia, Mr. SPENCE, H.R. 2966: Mr. BROWN of Ohio, Mrs. BONO, and Mrs. MCCARTHY of New York. Ms. ESHOO, Mr. HINCHEY, Mr. KINGSTON, and SEC. 101. GENERAL RULE OF VALIDITY. H.R. 460: Ms. ESHOO. Mr. LUCAS of Kentucky. (a) GENERAL RULE.—With respect to any H.R. 531: Mr. OWENS. H.R. 2985: Mr. MCKEON. contract, agreement, or record entered into H.R. 583: Mr. WAMP. H.R. 2991: Mr. THORNBERRY, Mr. REGULA, or provided in, or affecting, interstate or for- H.R. 670: Mr. WALDEN of Oregon, Mr. Mr. CALVERT, Mr. RADANOVICH, Mr. MINGE, eign commerce, notwithstanding any stat- SHIMKUS, Mrs. NAPOLITANO, and Mr. HILL of Mr. DOOLITTLE, and Mr. OBERSTAR. ute, regulation, or other rule of law, the Indiana. H.R. 3030: Mr. ACKERMAN, Mr. BOEHLERT, legal effect, validity, or enforceability of H.R. 725: Ms. BERKLEY. Mr. CROWLEY, Mr. ENGEL, Mr. FORBES, Mr. such contract, agreement, or record shall not H.R. 842: Mr. MURTHA. FOSSELLA, Mr. GILMAN, Mr. HOUGHTON, Mrs. be denied— H.R. 914: Ms. HOOLEY of Oregon. KELLY, Mr. KING, Mr. LAFALCE, Mr. LAZIO, (1) on the ground that the contract, agree- H.R. 1178: Mr. OXLEY. Mrs. LOWEY, Mrs. MALONEY of New York, ment, or record is not in writing if the con- H.R. 1196: Mr. BONIOR. Mrs. MCCARTHY of New York, Mr. MCHUGH, tract, agreement, or record is an electronic H.R. 1221: Mr. SESSIONS, Mr. FLETCHER, and Mr. MCNULTY, Mr. MEEKS of New York, Mr. record; or Ms. CARSON. NADLER, Mr. OWENS, Mr. QUINN, Mr. RANGEL, (2) on the ground that the contract, agree- H.R. 1356: Mr. WEXLER. Mr. REYNOLDS, Mr. SERRANO, Ms. SLAUGH- ment, or record is not signed or is not af- H.R. 1413: Mr. RAHALL. TER, Mr. SWEENEY, Mr. TOWNS, Ms. VELAZ- firmed by a signature if the contract, agree- H.R. 1432: Mr. PEASE. QUEZ, Mr. WALSH, and Mr. WEINER. ment, or record is signed or affirmed by an H.R. 1606: Mr. MARKEY. H.R. 3047: Mr. BARRETT of Wisconsin. electronic signature. H.R. 1621: Mr. MENENDEZ. H.R. 3083: Mr. RANGEL and Mr. LANTOS. (b) AUTONOMY OF PARTIES IN COMMERCE.— H.R. 1622: Mr. ABERCROMBIE. H.R. 3091: Ms. LEE, Mr. LAMPSON, Mr. (1) IN GENERAL.—With respect to any con- H.R. 1657: Mr. SAWYER and Mr. OWENS. STRICKLAND, Mr. BROWN of Ohio, Mr. WAX- tract, agreement, or record entered into or

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\L08NO7.100 pfrm02 PsN: H08PT1 H11704 CONGRESSIONAL RECORD — HOUSE November 8, 1999 provided in, or affecting, interstate or for- (B) specifies the alternative procedures or (C) the cancellation or termination of eign commerce— requirements for the use or acceptance (or health insurance or benefits or life insurance (A) the parties to such contract, agree- both) of electronic records or electronic sig- benefits (excluding annuities). ment, or record may establish procedures or natures to establish the legal effect, valid- SEC. 104. STUDY. requirements regarding the use and accept- ity, or enforceability of contracts, agree- (a) FOLLOWUP STUDY.—Within 5 years after ance of electronic records and electronic sig- ments, or records; and the date of enactment of this Act, the Sec- natures acceptable to such parties; (2) if enacted or adopted after the date of retary of Commerce, acting through the As- (B) the legal effect, validity, or enforce- enactment of this Act, makes specific ref- sistant Secretary for Communications and ability of such contract, agreement, or erence to this Act. Information, shall conduct an inquiry re- record shall not be denied because of the (b) LIMITATIONS ON ALTERATION OR SUPER- garding any State statutes, regulations, or type or method of electronic record or elec- SESSION.—A State statute, regulation, or other rules of law enacted or adopted after tronic signature selected by the parties in other rule of law (including an insurance such date of enactment pursuant to section establishing such procedures or require- statute, regulation, or other rule of law), re- 102(a), and the extent to which such statutes, ments; and gardless of its date of enactment or adop- regulations, and rules comply with section (C) nothing in this section requires any tion, that modifies, limits, or supersedes sec- 102(b). party to use or accept electronic records or tion 101 shall not be effective to the extent (b) REPORT.—The Secretary shall submit a electronic signatures. that such statute, regulation, or rule— report to the Congress regarding the results (2) CONSENT TO ELECTRONIC RECORDS.—Not- (1) discriminates in favor of or against a of such inquiry by the conclusion of such 5- withstanding subsection (a) and paragraph specific technology, process, or technique of year period. (1) of this subsection— creating, storing, generating, receiving, SEC. 105. DEFINITIONS. (A) if a statute, regulation, or other rule of communicating, or authenticating electronic For purposes of this title: law requires that a record be provided or records or electronic signatures; (1) ELECTRONIC RECORD.—The term ‘‘elec- made available to a consumer in writing, (2) discriminates in favor of or against a tronic record’’ means a writing, document, that requirement shall be satisfied by an specific type or size of entity engaged in the or other record created, stored, generated, electronic record if— business of facilitating the use of electronic received, or communicated by electronic (i) the consumer has separately and affirm- records or electronic signatures; means. atively consented to the provision or avail- (3) is based on procedures or requirements (2) ELECTRONIC SIGNATURE.—The term ‘‘electronic signature’’ means information or ability of such record, or identified groups of that are not specific or that are not publicly data in electronic form, attached to or logi- records that include such record, as an elec- available; or cally associated with an electronic record, tronic record; and (4) is otherwise inconsistent with the pro- and executed or adopted by a person or an (ii) has not withdrawn such consent; and visions of this title. (B) if such statute, regulation, or other electronic agent of a person, with the intent (c) EXCEPTION.—Notwithstanding sub- to sign a contract, agreement, or record. rule of law requires that a record be re- section (b), a State may, by statute, regula- (3) ELECTRONIC.—The term ‘‘electronic’’ tained, that requirement shall be satisfied if tion, or rule of law enacted or adopted after means of or relating to technology having such record complies with the requirements the date of enactment of this Act, require electrical, digital, magnetic, optical, electro- of subparagraphs (A) and (B) of subsection specific notices to be provided or made avail- magnetic, or similar capabilities regardless (c)(1). able in writing if such notices are necessary (c) RETENTION OF CONTRACTS, AGREEMENTS, of medium. for the protection of the safety or health of AND RECORDS.— (4) ELECTRONIC AGENT.—The term ‘‘elec- an individual consumer. A consumer may (1) ACCURACY AND ACCESSIBILITY.—If a stat- tronic agent’’ means a computer program or not, pursuant to section 101(b)(2), consent to ute, regulation, or other rule of law requires an electronic or other automated means used the provision or availability of such notice that a contract, agreement, or record be in independently to initiate an action or re- solely as an electronic record. writing or be retained, that requirement is spond to electronic records in whole or in met by retaining an electronic record of the SEC. 103. SPECIFIC EXCLUSIONS. part without review by an individual at the information in the contract, agreement, or (a) EXCEPTED REQUIREMENTS.—The provi- time of the action or response. record that— sions of section 101 shall not apply to a con- (5) RECORD.—The term ‘‘record’’ means in- (A) accurately reflects the information set tract, agreement, or record to the extent it formation that is inscribed on a tangible me- forth in the contract, agreement, or record is governed by— dium or that is stored in an electronic or after it was first generated in its final form (1) a statute, regulation, or other rule of other medium and is retrievable in per- as an electronic record; and law governing the creation and execution of ceivable form. (B) remains accessible, for the period re- wills, codicils, or testamentary trusts; (6) FEDERAL REGULATORY AGENCY.—The quired by such statute, regulation, or rule of (2) a statute, regulation, or other rule of term ‘‘Federal regulatory agency’ means an law, for later reference, transmission, and law governing adoption, divorce, or other agency, as that term is defined in section printing. matters of family law; 552(f) of title 5, United States Code, that is (2) EXCEPTION.—A requirement to retain a (3) the Uniform Commercial Code, as in ef- authorized by Federal law to impose require- contract, agreement, or record in accordance fect in any State, other than sections 1-107 ments by rule, regulation, order, or other with paragraph (1) does not apply to any in- and 1-206 and Articles 2 and 2A; legal instrument. formation whose sole purpose is to enable (4) any requirement by a Federal regu- (7) SELF-REGULATORY ORGANIZATION.—The the contract, agreement, or record to be latory agency or self-regulatory organization term ‘‘self-regulatory organization’’ means sent, communicated, or received. that records be filed or maintained in a spec- an organization or entity that is not a Fed- (3) ORIGINALS.—If a statute, regulation, or ified standard or standards (including a spec- eral regulatory agency or a State, but that is other rule of law requires a contract, agree- ified format or formats), except that nothing under the supervision of a Federal regu- ment, or record to be provided, available, or in this paragraph relieves any Federal regulatory agency and is authorized under Fed- retained in its original form, or provides con- latory agency of its obligations under the eral law to adopt and administer rules appli- sequences if the contract, agreement, or Government Paperwork Elimination Act cable to its members that are enforced by record is not provided, available, or retained (title XVII of Public Law 105–277); such organization or entity, by a Federal in its original form, that statute, regulation, (5) the Uniform Anatomical Gift Act; or regulatory agency, or by another self-regu- or rule of law is satisfied by an electronic (6) the Uniform Health-Care Decisions Act. latory organization. record that complies with paragraph (1). (b) ADDITIONAL EXCEPTIONS.—The provi- TITLE II—DEVELOPMENT AND ADOPTION (4) CHECKS.—If a statute, regulation, or sions of section 101 shall not apply to— OF ELECTRONIC SIGNATURE PRODUCTS other rule of law requires the retention of a (1) any contract, agreement, or record en- AND SERVICES check, that requirement is satisfied by re- tered into between a party and a State agen- SEC. 201. TREATMENT OF ELECTRONIC SIGNA- tention of an electronic record of all the in- cy if the State agency is not acting as a mar- TURES IN INTERSTATE AND FOR- formation on the front and back of the check ket participant in or affecting interstate EIGN COMMERCE. in accordance with paragraph (1). commerce; (a) INQUIRY REGARDING IMPEDIMENTS TO SEC. 102. AUTHORITY TO ALTER OR SUPERSEDE (2) court orders or notices, or official court COMMERCE.— GENERAL RULE. documents (including briefs, pleadings, and (1) INQUIRIES REQUIRED.—Within 180 days (a) PROCEDURE TO ALTER OR SUPERSEDE.— other writings) required to be executed in after the date of the enactment of this Act, Except as provided in subsection (b), a State connection with court proceedings; or and biennially thereafter, the Secretary of statute, regulation, or other rule of law may (3) any notice concerning— Commerce, acting through the Assistant modify, limit, or supersede the provisions of (A) the cancellation or termination of util- Secretary for Communications and Informa- section 101 if such statute, regulation, or ity services (including water, heat, and tion, shall complete an inquiry to— rule of law— power); (A) identify any domestic and foreign im- (1)(A) constitutes an enactment or adop- (B) default, acceleration, repossession, pediments to commerce in electronic signa- tion of the Uniform Electronic Transactions foreclosure, or eviction, or the right to cure, ture products and services and the manners Act as reported to the State legislatures by under a credit agreement secured by, or a in which and extent to which such impedi- the National Conference of Commissioners rental agreement for, a primary residence of ments inhibit the development of interstate on Uniform State Laws; or an individual; or and foreign commerce;

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.044 pfrm02 PsN: H08PT1 November 8, 1999 CONGRESSIONAL RECORD — HOUSE H11705 (B) identify constraints imposed by foreign would adversely affect the privacy of con- tion may require that records be filed or nations or international organizations that sumers. maintained in a specified standard or stand- constitute barriers to providers of electronic (e) DEFINITIONS.—As used in this section, ards (including a specified format or for- signature products or services; and the terms ‘‘electronic record’’ and ‘‘elec- mats) if the records are required to be sub- (C) identify the degree to which other na- tronic signature’’ have the meanings pro- mitted to the Commission, an appropriate tions and international organizations are vided in section 104 of the Electronic Signa- regulatory agency, or a self-regulatory orga- complying with the principles in subsection tures in Global and National Commerce Act. nization, respectively, or are required by the (b)(2). TITLE III—USE OF ELECTRONIC RECORDS Commission, an appropriate regulatory (2) SUBMISSION.—The Secretary shall sub- AND SIGNATURES UNDER FEDERAL SE- agency, or a self-regulatory organization to mit a report to the Congress regarding the CURITIES LAW be retained; and results of each such inquiry within 90 days SEC. 301. GENERAL VALIDITY OF ELECTRONIC ‘‘(B) the Commission may require that con- after the conclusion of such inquiry. Such re- RECORDS AND SIGNATURES. tracts, agreements, or records relating to port shall include a description of the ac- Section 3 of the Securities Exchange Act of purchases and sales, or establishing accounts tions taken by the Secretary pursuant to 1934 (15 U.S.C. 78c) is amended by adding at for conducting purchases and sales, of penny subsection (b) of this section. the end the following new subsection: stocks be manually signed, and may require (b) PROMOTION OF ELECTRONIC SIGNA- ‘‘(h) REFERENCES TO WRITTEN RECORDS AND such manual signatures with respect to TURES.— SIGNATURES.— transactions in similar securities if the Com- (1) REQUIRED ACTIONS.—The Secretary of ‘‘(1) GENERAL VALIDITY OF ELECTRONIC mission determines that such securities are Commerce, acting through the Assistant RECORDS AND SIGNATURES.—Except as other- susceptible to fraud and that such fraud Secretary for Communications and Informa- wise provided in this subsection— would be deterred or prevented by requiring tion, shall promote the acceptance and use, ‘‘(A) if a contract, agreement, or record (as manual signatures. on an international basis, of electronic sig- defined in subsection (a)(37)) is required by ‘‘(4) RELATION TO OTHER LAW.—The provi- natures in accordance with the principles the securities laws or any rule or regulation sions of this subsection apply in lieu of the specified in paragraph (2) and in a manner thereunder (including a rule or regulation of provisions of title I of the Electronic Signa- consistent with section 101 of this Act. The a self-regulatory organization), and is re- tures in Global and National Commerce Act Secretary of Commerce shall take all actions quired by Federal or State statute, regula- to a contract, agreement, or record (as de- necessary in a manner consistent with such tion, or other rule of law to be in writing, fined in subsection (a)(37)) that is required principles to eliminate or reduce, to the the legal effect, validity, or enforceability of by the securities laws. maximum extent possible, the impediments such contract, agreement, or record shall not ‘‘(5) SAVINGS PROVISION.—Nothing in this to commerce in electronic signatures, in- be denied on the ground that the contract, subsection applies to any rule or regulation cluding those identified in the inquiries agreement, or record is not in writing if the under the securities laws (including a rule or under subsection (a) for the purpose of facili- contract, agreement, or record is an elec- regulation of a self-regulatory organization) tating the development of interstate and for- tronic record; that is in effect on the date of enactment of eign commerce. ‘‘(B) if a contract, agreement, or record is the Electronic Signatures in Global and Na- (2) PRINCIPLES.—The principles specified in required by the securities laws or any rule or tional Commerce Act and that requires a this paragraph are the following: regulation thereunder (including a rule or contract, agreement, or record to be in writ- (A) Free markets and self-regulation, rath- regulation of a self-regulatory organization), ing, to be submitted or retained in original er than government standard-setting or and is required by Federal or State statute, form, or to be in a specified standard or rules, should govern the development and regulation, or other rule of law to be signed, standards (including a specified format or use of electronic records and electronic sig- the legal effect, validity, or enforceability of formats). natures. such contract, agreement, or record shall not ‘‘(6) DEFINITIONS.—As used in this sub- (B) Neutrality and nondiscrimination be denied on the ground that such contract, section: should be observed among providers of and agreement, or record is not signed or is not technologies for electronic records and elec- affirmed by a signature if the contract, ‘‘(A) ELECTRONIC RECORD.—The term ‘electronic signatures. agreement, or record is signed or affirmed by tronic record’ means a writing, document, or (C) Parties to a transaction should be per- an electronic signature; and other record created, stored, generated, re- mitted to establish requirements regarding ‘‘(C) if a broker, dealer, transfer agent, in- ceived, or communicated by electronic the use of electronic records and electronic vestment adviser, or investment company means. signatures acceptable to such parties. enters into a contract or agreement with, or ‘‘(B) ELECTRONIC SIGNATURE.—The term (D) Parties to a transaction— accepts a record from, a customer or other ‘‘electronic signature’’ means information or (i) should be permitted to determine the counterparty, such broker, dealer, transfer data in electronic form, attached to or logi- appropriate authentication technologies and agent, investment adviser, or investment cally associated with an electronic record, implementation models for their trans- company may accept and rely upon an elec- and executed or adopted by a person or an actions, with assurance that those tech- tronic signature on such contract, agree- electronic agent of a person, with the intent nologies and implementation models will be ment, or record, and such electronic signa- to sign a contract, agreement, or record. recognized and enforced; and ture shall not be denied legal effect, validity, ‘‘(C) ELECTRONIC.—The term ‘electronic’ (ii) should have the opportunity to prove in or enforceability because it is an electronic means of or relating to technology having court or other proceedings that their authen- signature. electrical, digital, magnetic, optical, electro- tication approaches and their transactions ‘‘(2) IMPLEMENTATION.— magnetic, or similar capabilities regardless are valid. ‘‘(A) REGULATIONS.—The Commission may of medium.’’. (E) Electronic records and electronic sig- prescribe such regulations as may be nec- natures in a form acceptable to the parties essary to carry out this subsection con- H.R. 3073 should not be denied legal effect, validity, or sistent with the public interest and the pro- enforceability on the ground that they are tection of investors. OFFERED BY: MR. TRAFICANT not in writing. ‘‘(B) NONDISCRIMINATION.—The regulations (F) De jure or de facto imposition of stand- prescribed by the Commission under sub- [Section references correspond to those of the ards on private industry through foreign paragraph (A) shall not— amendment in the nature of a substitute adoption of regulations or policies with re- ‘‘(i) discriminate in favor of or against a printed in the Congressional Record] spect to electronic records and electronic specific technology, method, or technique of AMENDMENT NO. 2: In section 403A(b)(1) of signatures should be avoided. creating, storing, generating, receiving, the Social Security Act, as proposed to be (G) Paper-based obstacles to electronic communicating, or authenticating electronic transactions should be removed. records or electronic signatures; or added by section 101(a) of the bill, add at the (c) CONSULTATION.—In conducting the ac- ‘‘(ii) discriminate in favor of or against a end the following: tivities required by this section, the Sec- specific type or size of entity engaged in the ‘‘(E) A written commitment by the entity retary shall consult with users and providers business of facilitating the use of electronic that the entity will make available to each of electronic signature products and services records or electronic signatures. individual participating in the project edu- and other interested persons. ‘‘(3) EXCEPTIONS.—Notwithstanding any cation about alcohol, tobacco, and other (d) PRIVACY.—Nothing in this section shall other provision of this subsection— drugs and the effects of abusing such sub- be construed to require the Secretary or the ‘‘(A) the Commission, an appropriate regu- stances, and information about HIV/AIDS Assistant Secretary to take any action that latory agency, or a self-regulatory organiza- and its transmission.’’.

VerDate 29-OCT-99 04:23 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.044 pfrm02 PsN: H08PT1 E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 106 CONGRESS, FIRST SESSION

Vol. 145 WASHINGTON, MONDAY, NOVEMBER 8, 1999 No. 156 Senate

The Senate met at 12 noon and was called to order by the President pro tempore [Mr. THURMOND].

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

S14231

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 8633 E:\CR\FM\A08NO6.000 pfrm01 PsN: S08PT1 S14232 CONGRESSIONAL RECORD — SENATE November 8, 1999

PRAYER period for the transaction of morning first time in generations; that for the The Chaplain, Dr. Lloyd John business with Senators allowed to first time in years, 20 years or so, the Ogilvie, offered the following prayer: speak for 5 minutes therein. Social Security trust fund money is Dear God, You have shown us that Under the previous order, the time going to be used for Social Security, until 1 p.m. shall be under the control any week without Your grace and guid- which is one of the most important of the Senator from Wyoming, Mr. ance makes us weak. So as we begin things we could do and thus preserve it THOMAS, or his designee. for the benefit of senior citizens and this new workweek, we dedicate our- The Senator from Wyoming. the next generation of senior citizens. selves to trust in Your goodness, to f Something that is really an incredibly walk with You humbly, to listen to positive stride in the way we have You attentively, and to serve You obe- ACCOMPLISHMENTS OF THE dealt with ourselves in this Nation and SENATE diently. We ask for quiet and peaceful has led in large part to the economic hearts, alert and agile minds, and Mr. THOMAS. Mr. President, let me prosperity that we now experience is ready, responsive wills. first thank my friend from New Hamp- the fact that the Government has fi- Remind the Senators that there is shire for coming down. We have morn- nally decided to live within its means. enough time in any one day to do what ing business now for 2 hours, and we in- That is a result, in my opinion, of a You require and artesian strength to tend to talk about some of the issues Congress which has aggressively dis- accomplish what You desire. Free them before us during this first hour. I am ciplined spending of the Federal Gov- from tension and tiredness, worry and going to at some point—and I hope the ernment. anxiety. Give spinning wheels good Senator will also—talk a little bit In fact, I recall when this Congress tread. Help them to trust as if every- about some of the things we have ac- was first elected, a Republican Con- thing depended on You and work know- complished this year. I understand the gress, the President had sent up his ing that You depend on them to accom- media is always interested in the con- budget for the year, and it projected plish Your best for the Nation. flicts and where we have controversy. $200 billion deficits for as far as the eye We love You, Father, and we commit And that is fine. But they do not al- could see. I think the year was 1996, this week to be an expression of that ways talk about the things we have ac- and for the next 10 years it was $200 bil- love. You are our Lord and Savior. complished, the things we have done lion of deficits every year for as far as Amen. with the budget, the fact we have spent we could see. f less in growth this year than we have Well, we in the Republican Congress, for a number of years, the fact that we the first Republican Congress in 40 PLEDGE OF ALLEGIANCE are setting aside Social Security and years, said that was not acceptable; we The Honorable CHUCK HAGEL, a have proposals out there to strengthen were going to have to live within our Senator from the State of Nebraska, Social Security. We have done a lot for means. Others said it was not doable. led the Pledge of Allegiance, as follows: education; indeed, authorized more We proved it was doable. I pledge allegiance to the Flag of the money to be spent than the adminis- That is a positive event. We now have United States of America, and to the Repub- tration asked for and allowed for it to multiple billions of dollars of surplus, a lic for which it stands, one nation under God, be spent on the local level. These are big enough surplus so we will have no indivisible, with liberty and justice for all. things that are terribly important. impact on Social Security in this budg- f Defense is probably the singular most eting cycle. RECOGNITION OF THE ACTING important thing the Federal Govern- What I wanted to speak about, how- MAJORITY LEADER ment has to assume. The expenditures ever, beyond the good news, is the issue of defense have gone down ever since that has caused us to sort of grind The PRESIDENT pro tempore. The the gulf war. This year we have raised through the process of wrapping up the acting majority leader is recognized. them because in order to fill out the appropriations bills, specifically the Mr. THOMAS. I thank the Chair. mission the military has, there must demand by the President in a number f be more resources to be able to encour- of areas of appropriations accounts. SCHEDULE age people to come into the military The first one I wish to talk about is the and to stay there. demand by the President that we ex- Mr. THOMAS. Today, the Senate will We have talked about tax relief, and, pand his classroom teacher proposal. be in a period of morning business until indeed, sent to the President a bill Now, the Congress has fully funded to 2 p.m. Following morning business, the which would have given tax relief to all the tune of $1.2 billion. The amount of Senate will resume debate on the bank- citizens of this country in various ways money that the President initially re- ruptcy reform legislation. By a pre- rather than spending it. Unfortunately, quested for class size in his original re- vious consent agreement, the minority it was vetoed. We will be back with tax quest was for $1.2 billion, the purpose leader, or his designee, will be recog- relief. When we have an excess amount of which was to add teachers to the nized at 3 p.m. to offer an amendment of money, that is where it ought to go, classroom. Teachers to the classroom relative to minimum wage, which will back to the people who have paid it. may be a good idea in the $1.2 billion then be set aside so that the majority In health care, we have done some that has been put on the table to ac- leader, or his designee, can be recog- things and intend to do more before the complish that, but the difference be- nized to offer an amendment relative week is over; and bankruptcy. tween the two sides is not in the dol- to business costs. Votes on these I wish to say I hope before we finish lars; it is in the way those dollars amendments have been set to occur at we can put some emphasis on the posi- should be spent. 10:30 on Tuesday. The leader has an- tive things that we have done for the The President’s proposal and the pronounced there will be at least one vote good of this country. posal coming from the other side of the at 5:30 p.m. today in relation to the I yield to my good friend from New aisle is that $1.2 billion shall be spent bankruptcy bill. Hampshire, who has done a superb job as the people in Washington tell the I thank my colleagues for their at- on the appropriations bills, and con- local people to spend it; it will be spent tention. tinues to do so, whatever time he may under a command-and-control process f consume. where the administration, the people of Mr. GREGG. I thank the Senator the Department of Education, the peo- RESERVATION OF LEADER TIME from Wyoming for his courtesy in ple of the national labor unions, and The PRESIDING OFFICER (Mr. yielding me some time. I especially the legislators on the other side of the HAGEL). Under the previous order, lead- thank him for his commitment to mak- aisle tell the local school districts, tell ership time is reserved. ing the American people aware through the States, tell the local principals, f floor statements of how much we have tell the local school boards: You must accomplished and how many positive use this money for the purposes of hir- MORNING BUSINESS things have occurred in this Congress. ing teachers. You must use it for the The PRESIDING OFFICER. Under As he mentioned, the most positive is purposes of hiring teachers. It is a com- the previous order, there will now be a that we have a balanced budget for the mand-and-control, top-down directive

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.003 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14233 from Washington telling local school going to learn. If you have an excellent going to pull that string in running districts how to operate their schools. teacher who knows how to handle the from that desk on the Democratic side We, on the other hand, on our side of subject matter, the odds are that the of the aisle. the aisle, have proposed this $1.2 billion size of the class, if it varies within five I do not know how many classrooms be used for schoolteachers, if that is or so children, is not going to affect there are in America. It would prob- what the local school district wants. the quality of that education a whole ably have to be what? I will take a But we have also said—and I will read lot. In fact, this is what studies have guess. A million—a million strings run- the language to you—‘‘If the local edu- shown. ning off that desk all over America, cational agency determines that it In fact, Eric Hanushek at the Univer- intertwined. It is going to get awfully wishes to use the funds for purposes sity of Rochester, an economist, stud- messy and confusing—a big jumbled other than class size reduction as part ied 300 other studies that have been mess—and nothing is going to happen. of a local strategy for improving aca- done on this issue and concluded as fol- We are not going to improve education demic achievement, funds may be used lows: Looking at 300 different studies, at all. for promotional development activi- class size reduction has not worked. I think it is a much brighter idea, it ties, teacher training, and any other Furthermore, the quality of the teach- is a much more appropriate idea, and it local need that is designated to im- er is the most important factor in edu- is a much fairer idea to say to the prove student performance.’’ cation, and it is much more important school systems that happen to know What we are saying on our side of the to the class than class size. what they are doing because they are aisle is that we do not think that a A National Commission on Teaching involved in it—at least every school one-shoe-fits-all approach; we don’t and America’s Future found the fol- district in America that I have ever think that a command-and-control, lowing: The thing that has the least dealt with is very concerned, first, top-down approach is the right way to impact on increasing student achieve- about education: Here are the dollars. manage local education or to manage ment, the least impact, is class size. You use it to improve your teachers. any education for that matter. The thing that has the greatest impact You use it to improve your classrooms. What we believe very strongly is that is teacher education and the capability You use it, most importantly, to im- we should put the dollars on the table. of the teacher. prove student performance. We should make those dollars available In the State of Washington, which This is what this debate on the budg- to the local schools. And we should say happens to be the home of the sponsor et has come down to. There really to the local schools: If you need more of this original proposal of the top- aren’t too many other big issues out teachers, here are the dollars to hire down control approach, Senator MUR- there today. This is what the whole those teachers. But if you have deter- RAY’s State, a Joint Legislative Audit budget debate has come down to— mined, under a procedure for obtaining and Review Committee found: ‘‘High whether or not we are going to run the higher academic achievement, you quality teachers and family environ- classrooms from Washington, whether don’t need more teachers but what you ment have a far greater effect on stu- or not we are going to demand that need are better teachers, and therefore dent performance than marginally re- classrooms across America do exactly you want to train your teachers, or ducing the class size.’’ what we tell them to do by hiring a what you need is to keep a teacher who It is not our job in Washington to tell new teacher in order to get these funds, is about to leave, and therefore you the local school districts that they or whether we are going to allow the need to pay that teacher a little bit must hire a teacher so that they can schools across America—the teachers, more money, or what you need is a get their class size to some arbitrary the principals, the parents, and the class that has some sort of teacher’s number. The President has picked 18 to school boards—to decide how best to aide capability in it, such an indi- 1. I note that by picking that number use that money in order to improve vidual, but also computer technologies, he has managed to qualify 42 of the teaching in the classroom. you should be able to do that. States already because 42 States al- The President has made his stand on So we are saying in the context of ready have a class size ratio that is 18 this ground. To say the least, I think it improving the education, most impor- to 1 or better. is bad ground, a bad idea, and a bad tantly ‘‘improving the students’ per- There are only nine States and the stance. formance,’’ which is the exact words we District of Columbia that do not have Ironically, at the same time the use, you can use this money for other the ratio higher than 18 to 1. Arbi- teacher and class size issue became a areas of teacher enhancement and of trarily, people on that side of the aisle cause celebre for holding up the budget assisting teachers to be better teach- are all knowledgeable and are saying to process, the other item holding up the ers. every school board in America, 18 to 1, budget process involves the President’s Why are we saying that? Why aren’t and that is it. If you don’t have 18 to 1, demand for 30,000 to 50,000 additional we saying what the White House and we are not going to give you the police officers. This is a little bit dif- President Clinton say and what the money. You have to hire new teachers, ferent. This was before the committee Senators on the other side of the aisle and that is it. That is what it is going that I chair, the Commerce, State, Jus- say, which is you must do it our way; to be. tice Committee. you must hire teachers, and that is We are saying: Here is the money, The President put forward a program what will make for better education? American school system. You take about 3 years ago. He said we want Why aren’t we doing that? Because that money and you choose whether 100,000 new officers. The Congress that doesn’t work. That doesn’t work. you need it for a new teacher or wheth- agreed with him: Let’s try to put Study after study has concluded that er you need it to make that teacher 100,000 new officers on the street in it is not necessarily the class size ratio you already have a better teacher, and America. The Congress funded 100,000 that is critical to education. It happens you tie it to standards. You tie it to new officers. We put on the table and in to be more than that. I think anybody professional development standards the budget the money necessary to pay who has ever been involved in any level and you tie it to student performance for 100,000 new officers. The program of education knows this. It is intu- standards. has run out. The authorization has itively obvious through inspection— That is a much better way to do it ended. which was what one of my professors than to try to manage every classroom The President came forward and said, used to say in college, and we used to in America from right here in Wash- I want another 30,000 to 50,000 officers make fun of him for saying that—that ington. on top of the initial 100,000 officers. there is a lot more to a classroom than As I said earlier, it is as if those on First off, there was no program. The the ratio of teacher to students. the other side of the aisle want to take Congress didn’t agree to that. We If you have a terrible teacher—I have the leader’s desk and run a string out agreed to 100,000. We didn’t agree to an- said this on the floor before—who can’t to every classroom in America, and other 30,000 to 50,000. It was a political teach you a subject matter, if you put that string tells that school what they statement. He held a poll and had some 10 kids with that teacher, or 20 kids are going to have to do. If they don’t focus group rushing into his office in with that teacher, they are still not like what it is going to do, they are the morning saying, ‘‘Mr. President,

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.007 pfrm01 PsN: S08PT1 S14234 CONGRESSIONAL RECORD — SENATE November 8, 1999 Mr. President, putting police officers think it was in the Douglas area of Ari- are willing to put at risk the func- on the street really pumps well. Let’s zona they arrested nearly 40,000 people tioning of the entire law enforcement do another 30,000 to 50,000.’’ That is in a week. Unbelievable numbers of il- structure of the Federal Government how they came to the conclusion. They legal aliens are coming across the bor- for all intents and purposes over what did not have any hearings or even look der, placing huge demands on our soci- is basically a political issue, a political at the program they have in place be- ety in the area of health care, in the statement. It has no substance at all. cause if they had looked at the pro- area of law enforcement, in the area of It has no purpose and can accomplish gram they had in place, they would schooling. These are huge cost de- nothing because it can’t be accom- have realized that of the 100,000 officers mands on our society, policing those plished in this next year. Maybe 2 we put the money on the table for—the borders so legal immigrants can come years from now, when they catch up to Congress did our work to pay for across, legal workers can come across. doing the full 40,000 officers they still them—the administration has only Instead, illegal people are breaking the have to do, they can come forward and been able to hire 60,000. They are still law to get into this country. reasonably say we need another 30,000 40,000 short of the initial 100,000. But Instead of doing that which happens officers. That may be true. they want to go out and hire another to be a primary function of the Federal Once again, we see the shallowness of 30,000. They can’t do it physically be- Government, they took the money and this administration is only exceeded by cause they haven’t been able to hire used it to set up this specious state- their brazenness. Unfortunately, a these offerers. It takes 12 months to do ment that they were going to add an- number of Federal agencies and the the program. They are not going to get other 30,000 to 50,000 police officers. American people will suffer as a result the 100,000 in next year. So they can’t Now they insist on it. The irony is, of that. possibly do another 30,000 to 50,000. they insist on it as part of the budget I yield the floor. Equally ironic, where did they find process wrap-up. They are insisting on The PRESIDING OFFICER. The Sen- the money in their budget to fund the adding the extra police officers when ator from Wyoming. additional 30,000 to 50,000 officers? Re- they cannot even hire them. Why? PR. Mr. THOMAS. Mr. President, I thank member, these are local police officers It is that simple. It polls well. the Senator from New Hampshire. in towns that you and I live in across The class size statement polls well. I have to imagine how different the America. These aren’t Federal police On the polling statement, the sub- needs of the school district in Wyoming officers; these aren’t FBI agents or stance is so fundamentally flawed. are compared to Philadelphia. I cer- even police officers in this Capitol. They are taking control of local school tainly subscribe to the idea we ought These are local police officers. Where districts and saying local school dis- to help with the resources, but let the did they find the money? They took tricts don’t know whether they need a local school districts decide for them- the money out of the funds we were new teacher; we will tell them they selves what it is they need. The basic going to use to fund 1,000 extra Border need a new schoolteacher. Although class size in Wyoming happens to be Patrol agents. they may know they don’t need a new less than 18. What is the responsibility of the Fed- teacher, they need to train the teach- I am very pleased to have on the eral Government? What is our responsi- ers better. That philosophy is fun- floor of the Senate the Senator from bility? It is to protect our borders. damentally flawed. Idaho, another western Senator, who is Those are Federal agents. Those aren’t The statement to reduce class size is also chairman of our policy committee. local agents. Instead of funding the great polling. We will administer cops I yield as much time as he desires. 3,000 new agents who were supposed to on the street. Great polling. They are Mr. CRAIG. Mr. President, I thank be funded and on whom we agreed, for holding up the entire budget of the my colleague from Wyoming for allow- whom we had authorized and appro- Government of the United States, ing me time this morning. priated, we were going to appropriate which happens to include a lot of other f the last 1,000 this year. The adminis- important things. MICROSOFT tration said: No, we are not going to For example, in my bill, which in- hire the extra 1,000 Border Patrol volves the police officers, we have the Mr. CRAIG. Mr. President, I have lis- agents; we will take the money from funding for the FBI, the funding for the tened to the Senator from New Hamp- that program and put it into hiring an DEA, funding for the INS, funding for shire speak in what I call the common additional 30,000 to 50,000 local police the FTC, which is very involved in try- sense of New Hampshire. I think all officers for a program that cannot even ing to keep seniors from being fraudu- Members have been frustrated by this fulfill its first tranche of police offi- lently attacked on the Internet with administration running a flag up the cers, which was supposed to be 100,000. scams. We have the funding for the pole every morning at the White House That is an interesting priority. FEC, obviously very involved in the to see which way the wind is blowing Think about it. What this administra- different issues of how we manage this and then not only attempting to shift tion is saying is, we don’t care about e-commerce marketplace in which we Government policy but oftentimes the borders as much as we care about are functioning today. We have the bringing Government to an entire halt putting out a political statement funding for the State Department; We until they can determine if the direc- which happens to poll well, which we have funding for the whole Justice De- tion in which they are heading is the know has no substantive effect because partment, funding for the whole judi- right direction. we know we can’t hire the officers. cial system. All of that is being held up Another example of a misdirected ef- Maybe they didn’t know it; they should because this administration wants to fort by this administration was an- have. All they had to do was ask the put out a political statement—not a nounced on Friday. I think all Mem- people at the Justice Department. As- substantive statement, because they bers were paying attention to some de- sume they knew it—putting out a po- can’t do it, as I just pointed out. They gree and were anxious to hear how a litical statement on which we know cannot accomplish what they claim Federal judge could decide to run the they cannot fulfill the specifics. They they will do. They know it. They want technological world in which we are knew, going into this proposal, they a political statement. Then they want living better than the marketplace could not hire an additional 30,000 to to put forward a horrendous policy on itself. Sure enough, on Friday, Thomas 50,000 officers because they had not class size because it polls well. They Penfield Jackson, the judge down at even hired the first 100,000 officers. are holding up the budget to do that. It the Justice Department who examined They were 40,000 short, and it takes 12 is another example of the superficiality the ins and outs of Microsoft and the months to put the officers on the books of the way this administration ap- marketplace, has determined that and bring them on board. proaches issues. Microsoft is a predatory monopoly. This instead of hiring the Border Pa- Time and time again for 7 years, we I am no expert in this field, and I am trol personnel to improve our southern have seen issues put forward not for not going to hold myself out on the borders from being the sieve they are the purposes of resolving a plan but for floor this morning to be so. I ask unan- where tens of thousands of illegal the purposes of scoring a political imous consent to have printed in the aliens come across on a weekly basis. I point by this White House. Now they RECORD two editorials.

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.009 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14235 There being no objection, the mate- An appeals court would likely overturn any dominance? Instead of buying and selling ap- rial was ordered to be printed in the draconian verdict against Microsoft—if a plications like word processors and RECORD, as follows: post-Clinton Justice Department hadn’t al- speadsheets, users can rent the same func- ready settled the case. Microsoft has mount- tions from Internet services—or get them U.S. DEPARTMENT OF MICROSOFT? ed such a lame effort partly because it’s rely- free if they sit through advertising. At its highest levels, the educational sys- ing on the federal circuit court of appeals. The only essential user program is a Web tem is still capable of giving its money’s On Friday, in a significant ruling related to browser. As the Wall Street Journal put it: worth, and taxpayers certainly spent enough a private antitrust lawsuit against Intel, ‘‘If users don’t need PCs with Microsoft’s to educate Thomas Penfield Jackson on that court noted the ‘‘Sherman act does not Windows operating system or Intel chips— Microsoft’s struggle to manage what it convert all harsh commercial actions into the vaunted market power of the duo called pleased the judge Friday to call the com- antitrust violations.’’ Wintel doesn’t seem so unshakable.’’ pany’s ‘‘monopoly’’ in computer operating By the time Microsoft reaches the appel- The important points is this: Many desk- systems. We guess now the government is late level, the computing world will have top machines that access Web-based servers going to have to run Microsoft. moved on and historians will have to be sum- are ‘‘Windows-less’’ products, and We also see the failure of Microsoft’s strat- moned to remind us what the argument was Microsoft’s major OEM customers are climb- egy, which was to deny the meaning of its all about. Judge Jackson will have sat ing on the band wagon. Gateway is building own actions, lest those actions retroactively through the antitrust ‘‘case of the century’’ a line with no Microsoft software at all, and be found illegal because the court pins the only to see it waddle off and expire with a may jointly market it with AOL, which is a label ‘‘monopoly’’ on it. That was unfortu- whimper behind some shrub. He can’t have major Gateway investor. Dell also plans to nate. Microsoft had a strong case to make that, so he’s banging the pots and pans and bring out a line of Internet computers, some that it had behaved in the only way any ra- trying to scare Bill Gates into settling. How without Microsoft software. Compaq’s chief tional competitor could have. much more splendid to be this generation’s executive observes that its new generation of Microsoft should have argued that we have Judge Greene, tinkering with future releases products will ‘‘redefine Internet access.’’ a monopoly because our customers want us of Windows the way Judge Green spent 10 Another industry executive stated that to have one. There is a great deal more soft- years tinkering with AT&T and the baby ‘‘the Internet gives people a platform to do ware in the world than there would other- bells. most of the things they need to do on a PC wise be, because software designers can in- But let’s get to the real bottom line. Wash- without a cumbersome and expensive oper- vest in creating products knowing there is ington’s crusade against Microsoft has ful- ating system.’’ an installed base of compatible operating filled its purpose, serving as a great lever to Judge Jackson, infinitely wiser about such systems that won’t soon be displaced. And pry open the wallets of Silicon Valley. Where matters now that he knows how to use his consumers know that they can lay out a three years ago the technology plutocrats computer, has an astonishing two fold re- thousand bucks or more for a PC without spent their surplus income on racing yachts sponse to the emergence of Web-based serv- taking a Betamax-vs.-VHS gamble that their and Ferraris and charity, now they patrioti- ers. First, he contends that ‘‘Windows has reinvestment will be rendered obsolete. cally send donations to Washington to sup- tarded, and perhaps altogether extinguished’’ What benefits our consumers is a barrier to port the fixer class and its retinue in the the server threat. That contention has a our competitors, but as Judge Jackson style to which it would like to become accus- surreal quality: Judge Jackson describes an points out, our real competitor is not ‘‘an- tomed. Steve Case of AOL likes to say the event that never actually happened but, if it other product within the same software cat- future of technology will be decided in the had happened, it would have crippled com- egory, but rather a technological advance political arena rather than the marketplace. petition. The same dialetic creeps into his that renders the boundaries defining the cat- Be careful what you wish for. anecdotal chronicle of Microsoft’s persecu- egory obsolete.’’ What the judge calls our at- tion of Intel, Apple, and Compaq, as well as tempts to maintain our ‘‘applications barrier PUNSIHING MICROSOFT Microsoft’s supposed market-splitting with is entry’’ is simply our way of making sure Netscape. ‘‘OK, so this thing Microsoft tried (By Robert A. Levy) our investment in Windows—and our cus- to do never did materialize. The other guy tomers’ investment—remains viable in the Here’s the lesson that high-tech companies never agreed to it and ultimately he did face of these technological advances. Take can glean from Judge Thomas Penfield Jack- what he wanted. But what a hobbling impact our behavior toward Netscape. Browsing the son’s findings in the Microsoft case: If you’re on innovation if things had gone otherwise.’’ web has become the central purpose of the sufficiently ambitious, competent, and hard- Judge Jackson’s second justification for dis- PC for millions of users. If we had not ag- working; if you’re willing to risk your time counting Web-based servers is even stranger. gressively promoted our browser, it would and fortune; if you succeed at rising above He claims that viable competition from serv- have been tantamount to helping Netscape your competition by serving customers with er-based applications ‘‘is not imminent for at cannibalize our business, using our own plat- better products; then watch out, because our least the next few years.’’ His projection is form to render us obsolete while we stood by government will come down on your neck surely too conservative. watching. with the force and effect of a guillotine. Venture capitalists report that they If Microsoft cannot act rationally in its Judge Jackson’s knee-jerk recitation of the haven’t seen a business plan for conventional own interest, the alternative is a govern- Justice Department’s line is a mockery of packaged software in more than six months. ment administrator to take over the busi- objectivity, scornful of the facts, and conge- Mr. McNealy predicts that fewer than 50 per- ness and run it for the benefit of Microsoft’s nial only to those who prefer a sterile mar- cent of the devices accessing the Internet competitors. Outside a Nader thought-bub- ketplace in which vigorous competition be- will be Windows-equipped PCs by the year ble, there can’t be many people who don’t see comes legally actionable. 2002, just a little over two years from now. this cure as worse than the disease. North- Let’s start with the judge’s big picture: an Mr. McNealy has put Sun Micro systems’ west University Law Professor Larry industry crippled because Microsoft’s com- money where his mouth is—acquiring Star Downes, writing in USA Today, notes a petitors are unable to innovate. Yet how to Division so he can convert its Star Office ‘‘precedent for a remedy of doing nothing; explain Netscape’s 410 billion price tag, or product into a free, Internet-based service that is, for finding Microsoft guilty but rec- continued market leadership by Microsoft that can be run directly by any user with ognizing that there was no court-adminis- arch-rivals Oracle, Intuit, AOL, Sun Micro- any Web browser. tered solution that could solve the problem systems, and Real-Networks? How to explain But more important, Judge Jackson’s ‘‘not any better than letting the market try to Apple’s growth in both sales and profits? In- imminent for a few years’’ forecast has to be work it out on its own.’’ deed, if Microsoft’s ‘‘prodigious market placed in context. He plans on issuing his What makes this less than academic is power’’ and ‘‘immense profits’’ have been conclusions of law in this case early next that, even without the government turning used to stifle innovation, then how to ex- year. Then a hearing on remedies in the Microsoft into a public utility, the paradigm plain the incredible success of Linux, which spring, with a possible summer decision. shift is happening and everybody in the busi- now runs more Web sites than any other Then we can expect a year or so before the ness knows it. A host of new developments server operating system? United States Court of Appeals finishes its has already shrunk Microsoft’s control over In an unguarded moment, Sun’s CEO, review. Then another year for the Supreme cyberspace, and events are on the way to de- Scott McNealy, recently crowed that ‘‘Win- Court’s deliberations. Finally, even if Micro- livering new forms of web computing that dows is dead’’ when it comes to new software soft loses at each stage and remedies are im- won’t even require Windows. applications, Mr. McNealy may be right. De- posed, they will not be effective overnight. Judge Jackson has deferred the question of spite Judge Jackson’s snapshot view of the In other words, the market will certainly whether Microsoft violated the law for a software market, the Internet has pro- have obviated any remedies before they can later ruling, but he hasn’t left much to the foundly and permanently altered the dynam- have an impact. imagination. If he takes his arguments and ics. Will Microsoft lose out to consumer elec- Meanwhile, Microsoft behaves not like a the incoherent assumptions of antitrust seri- tronics products? Mr. McNealy doesn’t know, monopolist but like a company whose every ously, the only remedy is to turn Windows and neither does Judge Jackson. But those survival is at stake. Its prices are down and into a regulated utility, possibly breaking products are out there, they’re selling well, its technology is struggling to keep pace the company up. and they are competition. with an explosion of fresh software products. No wonder he has repeatedly hinted he What about Web-based software—probably Facing competition from new operating sys- would be relieved if the parties would settle. the most formidable threat to Microsoft’s tems, consumer electronics, and Web-based

VerDate 29-OCT-99 02:32 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.001 pfrm01 PsN: S08PT1 S14236 CONGRESSIONAL RECORD — SENATE November 8, 1999 servers, Microsoft now operates in a world entered a workplace in Hawaii the let me focus for just a moment on Ha- where anyone running a browser will soon week before last and killed some of his waii. There, we all know what hap- have the same capabilities as today’s Win- coworkers. Last week in Seattle, an- pened. The fellow has been caught. We dow users. That is why the government other man went into a business and all know now he probably, during that should keep it’s hands off. shot and killed individuals. All of us, Mr. CRAIG. Mr. President, one edi- act, was mentally incompetent, men- as Americans, are tremendously frus- tally in trouble, mentally deranged. torial is by Robert Levy, a senior fel- trated by this expression of violence or low of constitutional studies at the But his actions cost lives. people seeming to want to solve their His actions happened in a unique en- CATO Institute. He starts his op-ed personal problems by acting in a very vironment, though. Hawaii has more piece: violent fashion. The Washington Post gun laws, to control gun ownership and Here’s the lesson that high-tech companies poll on Sunday showed that the No. 2 gun usage, than any other State in the can glean from Judge Thomas Penfield Jack- issue among Republicans was violence United States. So would logic not fol- son’s findings in the Microsoft case: If you’re in the schools; the No. 4 issue among sufficiently ambitious, competent, and hard- low, at least the logic of the President working; if you’re willing to risk your time Democrats, violence in the schools; the and the Vice President and the Attor- and fortune; if you succeed at rising above No. 2 issue among Independents in ney General, if that were so, Hawaii your competition by serving customers with America was violence, violence in the should have been a terribly safe place? better products; then watch out, because our schools. Hawaii is the only State in the Nation government will come down on your neck Our President last week suggested we where you not only register every gun with the force and effect of a guillotine. live in a very violent society, when in you have with the local and State au- The editorial in the Wall Street Jour- fact violence is down substantially in thorities, you also register the bul- our country. It is true that it is. We nal probably sums it up best of all. lets—you register the ammunition. have come off a very violent year, but There is no question my colleagues Somehow, politicians in the State leg- over the last 7 years the average rate from the other side of the aisle—or islature in Hawaii thought that would of acts of violence is dropping, in the should I say their political machinery make Hawaii a safe place—the only broad sense. Yet we have had some of as expressed by—I don’t want to call State in the Nation. these tremendously public-attention- them outbursts, but certainly the ex- It just so happens, Janet Reno and gathering events that caused the pressions of our Attorney General, AL GORE and the President want us to American public to be concerned, as Janet Reno, are best summed up when do the same in this country. But it did they discussed the Microsoft case this they are. Of course, the issue I want to speak not stop the individual who killed his morning in the Wall Street Journal. briefly about this morning is the ques- colleagues in Hawaii. Here is their concluding paragraph: How about a permit to purchase? Of tion of how we fix this violent expres- course, that is exactly what some of But let’s get to the real bottom line. Wash- sion in our society. Last week, the ington’s crusade against Microsoft has ful- our colleagues would want here. Hawaii President, Janet Reno, and AL GORE filled its purpose, serving as a great lever to requires a permit to purchase any kind pry open the wallets of the Silicon Valley. said there is a quick and easy way to fix it: We just need to pass a few more of gun—not just one permit for mul- Where three years ago the technological plu- tiple purchases but a permit for every tocrats spent their surplus income on racing laws; gun laws, that is. We need to add yachts and Ferraris and charity, now they to the 25,000 to 30,000 gun laws that are purchase—and a full background check, patriotically send donations to Washington already on the books. If we do that, we and the requirement that you must be to support the fixer class and its retinue in will make America a safer place in at least 21 years of age to own a gun. the style to which it would like to become which to live. Or at least we will say, What about assault pistols and Sat- accustomed. politically, to meet the polls the Wash- urday night specials and all those Steve Case of AOL, who happens to ington Post presented to us on Sunday, kinds of buzzwords about guns that be on the other side of this issue, rec- that if we pass the laws, the public at have become villains here on the floor ognizes the problem, though. He says least will think America is a safer for political purposes? All of those are the future of technology will be de- place in which to live. By that, we will outlawed in Hawaii. It is against the cided in the political arena rather than be able to curry their political favor in law to own them. It is against the law the marketplace. My guess is, if that is the next election. to have them. All of that is the law in true, your computers will not be work- If gun laws make America a safer Hawaii. The man who did the killings ing as well tomorrow as they are workplace, then what happened in Hawaii in Hawaii had met all of the require- ing today. should not have happened; what hap- ments of the law. Yet the law did not I came to the floor this morning to pened in Seattle should not have hap- protect the citizens whose families now join with my colleague from Wyoming, pened; what happened in Littleton, CO, mourn their death. not to discuss the Microsoft case; that at Columbine High School, should not How about high-capacity magazines? is going to get played out over time, have happened—because there are laws That was a fully debated issue here on and I think we are going to have a Fed- to stop that. Mr. President, 13 laws the floor of the Senate this past year. eral judge who will try to run the tech- were violated, tragically, by those two I was on the floor with Senator HATCH nology business of this country. Maybe young men who later took their lives and Senator LAUTENBERG on that issue we need to decide to start a new agency at Columbine High School in Littleton, after Littleton. It is against the law in of our Federal Government called U.S. CO, after they had killed so many of Hawaii. Department of Microsoft. If it is as their classmates. But there was a law Then there are the restrictions on profitable as Microsoft, maybe we can to stop them. Then why did it happen? places of possession, where you simply make a lot more money without taxing I do not know the answer to why it cannot have a gun: A business; you the American public to allow our Dem- happened. I do know they broke a lot of can’t travel with one, only in the own- ocrat colleagues on the other side of laws to cause it to happen. Yet our er’s home and in very restricted places; the aisle to spend it. President last week, and the Vice or if you are traveling from the home Certainly Microsoft is now making as President, and the Attorney General to the firing range or the pistol range much as $1 billion a month in cash to said give us more laws and the world for target practice, you may have a spend. It is obvious somebody else will be a safer place. We have all been gun on your person. Those are tough wants their hands on that or wants to on this floor discussing, for well over a laws in Hawaii. Yet people are dead. Of break up that very profitable business. year, our frustrations with problems course, I mentioned transportation and f with our culture, problems with our the restriction on transportation. All public schools. People are acting out of those are parts of the laws that VIOLENCE IN AMERICA their frustrations in violent ways by guard citizens against the violent acts Mr. CRAIG. Mr. President, what I taking other people’s lives. My guess of others with the use of a firearm in came to the floor to talk about is a is, you cannot legislate a fix on that the State of Hawaii. combination of issues that come to- one. The President, the Vice President, gether in the issue of violence. We There are other problems within our and the Attorney General seem not to watched the great tragedy as a fellow society that have to be addressed. So understand that or, if they do, they are

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.004 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14237 finding another reason to express a way that not only makes a safe school The problem, however, is the admin- need for greater gun control in this but makes a concerned citizen is going istration insists on having $1 billion a country. I am not sure what that need to drop violence in America. Do not year to spend as they choose to buy is. We all know our citizens are con- give the American public a political land. This week, we had a hearing on cerned about violence. placebo by simply passing another law. the Forest Service setting aside 40 mil- We all know we have citizens in our I thank my colleague from Wyoming, lion acres by fiat, by administrative country who act out their frustrations and I yield the floor. decree, to be used for de facto wilder- in violent ways. It is tragic that we be- The PRESIDING OFFICER. The Sen- ness, if they choose, when under the lieve we can simply turn to Congress ator from Wyoming. law clearly to set aside land of that that will pass a law and, therefore, the Mr. THOMAS. Mr. President, I thank kind is the responsibility of the Con- violence will go away. my friend from Idaho. Certainly, this is gress. Are the President and the Vice Presi- one of the issues that is contentious We are having increasing difficulty dent and the Attorney General trying and will, I suppose, be debated some with that. I do not know whether it is to hide something? Are they trying to more. I agree with the notion we need driven by the President’s desire to have hide the fact that during the Clinton to do something more than passing a legacy, to be a latter century Theo- administration arrests and prosecu- more laws. It has no evidence of suc- dore Roosevelt, or whether it is the en- tions of citizens who violate Federal cess. vironmental aspect of the Gore cam- firearms laws has dropped by over 70 f paign. The fact is, the White House is percent? INTERIOR APPROPRIATIONS BILL not a monarchy; it does not decide to Is the President trying to mask the Mr. THOMAS. Mr. President, one of do these things individually. There has fact that the Puerto Rican terrorists to the bills currently being considered, to be a cooperative arrangement with whom he offered clemency were viola- and is very important to the West par- the Congress, whether it is purchasing tors of Federal firearms laws and they ticularly, is the Interior funding bill, or whether it is assigning different des- killed American citizens? the bill that funds the Interior Depart- ignations to land. That is the way it is, Is this President, once again, trying ment, national parks, the Bureau of and it needs to be preserved in that to throw up a political smokescreen by Land Management, Fish and Wildlife fashion, in my judgment. simply saying we need more laws Service, and others. It is relatively We need to move forward with the In- against the use of guns or the owner- small compared to others. It is around terior bill. It is one of about three bills ship of guns or the second amendment $13 billion, $14 billion. I never thought that remains out of the 13, which is rights when he, the President, in my I would suggest that is small, but com- kind of surprising because it is one opinion, has violated the intent of the pared to $360 billion it is relatively upon which most people here agree. laws as they now stand? If you do not small. There are a couple of things in it that use the law, if you do not prosecute It has been tied up for a number of are being used which I think are not re- under the law, if you do not enforce the reasons. It has to do with the so-called alistic. One has to do with permits for law, then the laws are no good. land legacy the administration has grazing on Forest Service lands. That is the message I send to Bill been pushing recently, the idea of pur- Ranchers in the West—they have their Clinton today: Mr. Clinton, look at chasing a great amount of land that base lands, of course—use grazing so we your own record. Your own Attorney has something to do with S. 25 that can have multiple use of public lands General has let it be known to U.S. at- will bring in dollars from the Outer and forests, have grazing leases. In torneys around the country that it is Continental Shelf royalties to be used order to renew those leases, there not worth their time to go after viola- in this area. needs to be a study. No one argues with tors of Federal firearms laws. The controversy is over the purchase the idea there needs to be a study. Un- There is a great program down in of additional lands. There are some fortunately, they have not been able to Richmond, VA, where a Federal pros- good things about S. 25—taking some keep up with the number of studies ecutor said to the local police: You ar- more money from oil royalties and that need to be made, and so the study rest them and I will throw them away, using them for parks. I am chairman of is not made before the permit expires I will put them behind bars if they use the Parks Subcommittee, and I met and the Federal Government says: a gun in the commission of a crime. this morning with the new advisory That’s too bad, you’re out of luck; take Crime dropped precipitously but, more committee that will be focusing on your cows and go home—when it has important, crimes with a gun involved concessions. The parks are more and nothing to do with the permittee hav- dropped dramatically. One fellow was more in demand, more and more people ing not gotten the job done. arrested at a 7–Eleven with a stick, and are coming to them, and more and What this amendment to the Interior after he was arrested, the local police more people are taking advantage of bill says is the permit will be renewed said: Why are you robbing a 7–Eleven the parks, one of the legacies of this for a period of time until this study with a stick? country. We are having problems with can be made. If the study is made and He said: Because if I used a firearm, the upkeep of the infrastructure that there have to be changes, then there they will lock me up down here. must be done to preserve historic and can be changes. That is held up some- Mr. President, Bill Clinton, don’t you natural values. I support that. how by the White House, and they are get the message now? We have plenty The park system, of course, has to be making a big thing and separating that of laws on the books if we had an At- part of another section of parks, and out. torney General who was a real cop, a that is local and State parks. National The other is on oil royalties. We supercop, a tough person who was say- parks are not designed to provide all worked a long time trying to get fair- ing to her U.S. attorneys: Let’s put the services that people need. In com- ness in oil royalties, taking out some them behind bars if they use guns; let’s munities, these are local responsibil- of the charges and costs before the throw those kids out of school who ities. Ball parks, for example, are put Government takes over, and percent- take a gun to school. They do not have in by State and local parks. So they, age of royalties. We have not come to the right to be in our schools if they too, need additional funding. an agreement. This simply says, let’s are putting the rest of our kids in jeop- One of the interesting areas, particu- set it aside until the Congress and the ardy. larly those in the West where they do a executive department can come to- Last year that happened over 3,000 great deal of wild game hunting, is a gether. Again, not a willingness to times and only 13 were prosecuted. thing called teaming for wildlife. In work in a team fashion. Sorry, Mr. President, sorry, Mr. Vice our State, for example, the funds that I am hopeful we can get by those President, sorry, Ms. Attorney Gen- go to the game and fish department kinds of things this week. We are aim- eral, passing laws does not a safer come from the purchase of licenses for ing to get out of here in 3 days, in fact. world make. Enforcing the ones we game animals. They spend a great deal The fact is, it is possible. have, being concerned about the cul- of their time dealing with animals that There are really only about three ture, being concerned about the kids, are not game animals that are threat- bills that need to be determined. Ev- their parents, and their educators in a ened, endangered. eryone knows what changes need to be

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.015 pfrm01 PsN: S08PT1 S14238 CONGRESSIONAL RECORD — SENATE November 8, 1999 focused on, what kind of concessions Court says in our country. Whether one talk about a few of these demonstra- need to be made on both sides to make agrees or disagrees, it is the law of this tions of viciousness. A manual has been this happen. Usually, as we come down Republic. produced by a group called the Army of to the end, it is amazing how quickly But some are unwilling to follow the God. It is a manual directing there to some things can be done as opposed to law of the land. They think they know be no trial, no jury, no appeal, no stay when they just stretch out in the fu- better. This has led to violence, van- of execution. Their clear declaration is ture. dalism, brutal protests at legal clinics to kill abortion doctors and people as- So our goals are to have no Govern- established to deal with a multitude of sociated with abortion clinics—kill ment shutdown—certainly that is the female-related health problems. In the whoever they decide should be mur- Republican position for the rest of this last 20 years, there has been an average dered. year—we are settled on not having any of 40 of these acts each week—bomb- Doctor Barnett Slepian. I didn’t real- new taxes to finance this year’s new ings, arsons, death threats, ize this until after the murder had programs—we certainly have an ade- kidnappings, murders, tires slashed, oil taken place, but Dr. Slepian’s niece quate amount of money—and we are drained from cars, sugar put in gas worked for me here in Washington. She committed to paying down the publicly tanks, blood splattered on people’s is now a writer of some acclaim. She held debt and to protecting the Social homes and sidewalks and places of had an article published in the last Security surplus. These are the kinds business. There have been 38,000 acts issue of George magazine. She is from of things I think everyone can agree during less than two decades—38,000 Reno, NV, and is a wonderful young upon if we can get to it this time. acts of terrorism. lady. Dr. Barnett Slepian was shot and Mr. President, I yield the floor and I am going to talk now about some killed by a bullet that came through suggest the absence of a quorum. examples of these terrorist acts. For his kitchen window at the same time The bill clerk proceeded to call the example, people who work in entities, the doctor was having dinner with his roll. such as Planned Parenthood clinics, family in his kitchen. After this brutal Mr. REID. Mr. President, I ask unan- face acts of violence, threats, intimida- murder, this cowardly act, his death imous consent that the order for the tion. In 1998, at just such clinics, there was mocked publicly. His murder was quorum call be rescinded. were multiple murders, bombings, and commended by some groups. The kill- The PRESIDING OFFICER (Mr. arsons, a score of butyric acid attacks. er, even though identified, has not been THOMAS). Without objection, it is so or- That is a chemical compound that apprehended. dered. burns and leaves an awful smell. Anti- In Birmingham, AL, at a health clin- f choice violence and terrorism is wors- ic, there was a bomb blast which killed ening. It should be stopped. Dr. Dixon, the security guard who was there, a TERRORISM AND ABORTION who I have never met, who many read man by the name of Robert Sanderson. Mr. REID. Mr. President, last Thurs- about last Thursday, which caused me He was a police officer trying to make day, I was reading the morning news- to begin thinking about this issue, some money on the side. Emily Lyons, paper in Washington when I came stated in a letter: a nurse, was severely injured and left nearly blind and with medical bills of across an article describing for, lack of It is ironic that I am a target, because my a better description, the emotional entire career has been about educating and almost $1 million. Eric Robert Rudolph stress of a doctor, Steven Dixon. Dr. empowering women to help prevent unin- has been charged with this attack. He Dixon, after a lifetime of study and tended pregnancies. While I have always sup- is the man who is being chased through sacrifice, indicated he was going to ported a woman’s right to have this legal the hills in the south, someplace in give up the practice of medicine. Why? procedure, I actually performed few abor- North Carolina. He is one of the FBI’s Because terrorists had broken his 40- tions for my patients. In fact, I stopped per- Ten Most Wanted. He is yet to be forming them because of the stress associ- found. year-old spirit. This 40-year-old doctor ated with this terrorism. Sadly, the ongoing decided he wasn’t going to practice In December of 1996, Dr. Calvin Jack- threat to my life and my concern for the son was stabbed many, many times. He medicine anymore. His will to work safety of my loved ones has exacted a heavy had been broken. toll on me, making it necessary that I dis- lost at least four pints of blood, and Dr. Dixon maintained a medical prac- continue practicing. one ear was severed. His assailant was tice in the downtown DC area. Dr. I don’t know Dr. Dixon, never met apprehended a few hours later, after entering another clinic carrying a Dixon, by training, was certified to be him, never talked to him. But those filleting knife. an obstetrician/gynecologist. In his who threaten Dr. Dixon are cowards, John Salvi—at about the same time practice, he helped women with a mul- terrorists, no different than the people this Jackson matter took place—was titude of medical problems—basic who blew up the New York City Trade tried for two murders of clinic recep- checkups, physicals, and problems Center. They are murderers. These kill- tionists, people who were secretaries— unique to women. On occasion, he ter- ers and would-be killers and terrorists Shannon Lowney and Lee Ann Nichols. minated pregnancies. What did these call each other patriots. The true pa- He attempted to kill five others. He people do to run Dr. Dixon out of the triots of this Nation are those who fired bullets into these clinics in practice of medicine? They distributed have given their all in the fields of bat- Brookline, MA, and Norfolk, VA. wanted posters with his name and pho- tle, places called the Bulge and the It is hard for me to say this, but a tograph like those you see in the post beaches of Guadalcanal, Pork Chop Hill Reverend, Rev. Paul Hill, a well-known office. He received numerous threat- in Korea, and in Vietnam. And many protester and director of the anti- ening phone calls to his home and his people who haven’t given their lives choice group called Defensive Action, office. Various threatening mail was have sacrificed a great deal. Many was convicted in the fall of 1994 for the sent to his home and office. These are serve in this Chamber. Under our sys- murders of Dr. John Britton and a 74- some of the things that happened to tem of government, which has been in year-old man who happened to be with Dr. Dixon. existence for more than 200 years, the him outside a health clinic in Pensa- In the United States, the highest law of the land can only be changed by cola, FL. court in the land, the U.S. Supreme peaceful political means, through per- The two victims were shot with a 12- Court, the same court that established suasion, debate, demonstrations that gauge shotgun. Before the shootings, the way commerce is conducted be- are peaceful in nature, grassroots polit- Reverend Hill had been previously ar- tween the 50 States, the same court ical activity, the assertion of one’s rested for his activities where he advo- that decreed education cannot be sepa- feelings at the ballot box, but never, cated continual use of force. rate and be equal, the same court that never, through violence and intimida- Dr. David Gunn, a physician, was set precedence for the cleansing of tion. What is now taking place in our murdered during a protest at a Pensa- Government by its overview of Water- country by these zealots is despicable. cola clinic. Wanted posters featuring gate—this same U.S. Supreme Court Why do I say what I have said? Why Dr. Gunn’s photograph, telephone num- has set forth a standard as to how abor- do I conclude this? Let me travel a lit- ber, and schedule were distributed at tion in the United States is legal. That tle bit. Remember, we have 38,000 of an Operation Rescue rally in Mont- is the final word, what the Supreme these terrorist acts, and I am going to gomery, AL, and other places.

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.018 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14239 Dr. George Tiller, who was a target sea, and sickness. Clinics were closed ours. But physicians and other clinic of violence and blockades for many for days while they tried to get the workers face the daily possibility of years, was shot in both arms. smell out of their facilities. terrorism and violence in order to pro- Finally, in Wichita, KS, a person Shortly after the clinic bombings in vide women with legal reproductive charged with a shooting who had been Atlanta and Oklahoma, an Oregon phy- health services. arrested on previous occasions for tres- sician, Peter Bours, received a letter In the wake of the recent killings and passing and blockading clinic en- which demanded $50,000 in cash and harassment of people at their homes, trances praised the man who murdered threatened, ‘‘The bombings in Atlanta providers are resorting to extraor- Dr. Gunn. and Oklahoma are a warning,’’ and in- dinary new measures to protect them- I was the first person to come here dicated that those who do not comply selves. Clinics are spending hundreds of and speak out on the Senate floor to our demands will be destroyed. thousands of dollars in bulletproof about Dr. Gunn’s murder, which I The FBI arrested a man by the name glass, armed guards, security cameras, thought was sickening. of William Kitchens. When they ar- metal detectors and other security de- Neal Horsley, a militant and founder rested him, they discovered a book in vices. Doctors are wearing bullet-proof of a group called the Creator’s Rights his kitchen on extortion and kidnap- vests and some have even purchased ar- Party, has developed a web site enti- ping. mored vehicles to go to work. tled ‘‘The Nuremberg Files.’’ The site Within 2 weeks of Dr. Britton’s mur- Clinic workers have been instructed was designed to ‘‘collect evidence.’’ der in Pensacola, FL, the last remain- by Federal marshals to vary their This so-called ‘‘evidence’’ lists clinic ing doctor then providing advice in routes to go to work—clinic workers, staff members, law enforcement offi- Mississippi, Dr. Joseph Booker became secretaries, nurses, phone operators, cers, judges, and politicians for use in the target of a ‘‘No Place to Hide’’ janitors—to drive to a safe haven if fol- future trials ‘‘for their crimes.’’ Re- campaign. The campaign’s leader, Roy lowed, and to call police if they receive member that they work in legal clin- McMillan, signed a petition advocating a suspicious package, as it would likely ics. The site seeks and lists personal the murder of Dr. Britton and others. contain a bomb. information such as photos of them According to physician Pablo Rodriguez, In Boston, MA, Dr. Maureen Paul no and their families, their houses, their ‘‘[i]n the beginning, the harassment con- longer sits on the third floor atrium cars, their driving records, license sisted of just nasty letters and graphic pic- she built for herself as a so-called plate numbers, names and birth dates tures. Then I began receiving strange packages with dolls inside, as well as subscrip- ‘‘dream spot.’’ In light of Dr. Slepian’s of individuals, and even the birth dates tions to gun magazines. . . . Then the murder in his home, she feels too vul- of their family. ‘‘Wanted’’ posters with my picture on them nerable there, which, according to Dr. A legend accompanies this list of began to appear. . . . Then the doors and Paul ‘‘really makes me angry because, names under a banner where there is a locks to our clinic were glued several times, wow, this is the space I created for me. simulation of dripping blood. The leg- and protesters blockaded the clinic three I don’t get to be home very often, and end indicates the degree that this so- times. . . . Just after Dr. Gunn’s death, . . . so it really disturbs me that I have to called Creator’s Rights Party wants to I realized that my car was steering poorly. I think about getting shot in a place I place these people. There is a black checked my tires and found 45 nails embed- ded in them. . . . That evening, my wife love.’’ font for people who just work there. painfully discovered with her foot that our Many other clinic directors, includ- Then it becomes gray when somebody driveway had been booby-trapped with roof- ing Director Warren Hern, installed has been wounded. Their name isn’t ing nails cleverly buried beneath the snow. bullet-proof glass in his office and completely stricken but partially . . . My home, my haven of safety—vio- hired private armed security guards. stricken when they have been wounded lated.’’ He wears a bullet-proof vest at his pub- by one of these terrorists. But if some- Shortly after Operation Rescue tar- lic appearances. Stated Dr. Hern: one is killed, like Dr. Slepian, there is geted physician Frank Snydle as part I walk out of my office and the first thing an immediate strike through. They are of its ‘‘No Place to Hide’’ campaign, his I do is look at the parking garage the hos- stricken off the list. 80-year-old mother received a tele- pital built two doors away to see if there is Last year, about a year ago, at a phone call that was false and mis- a sniper on the roof. I expect to be shot any Planned Parenthood clinic in Mil- leading and a prank at 3 a.m. in the day, any minute. I’m in a war zone. It is waukee there was an envelope received morning telling her that her son had frightening and it has ruined my life. in the mail. Inside the envelope was a been killed in a car accident. These are only a few of the 38,000 acts bomb constructed of two batteries with A Dallas physician by the name of of intimidation that have taken place wire wrapped in modeling clay. These Norman Tompkins and his wife rein America. bombs didn’t work. But the message ceived hundreds of phone calls and For example, Dr. Slepian was mur- written on white paper stated that the pieces of hate mail. The message, for dered. Keep in mind, his murder oc- next one might be real. The next day, example, left on Dr. Tompkins’ answer- curred while he was having dinner with Milwaukee’s Affiliated Medical Serv- ing machine stated, ‘‘I’m going to cut his family in his kitchen. Somebody ices received a similar mailing. your wife’s liver out and make you eat with a high-powered rifle shot him A week after the murder of Dr. it. Then I’m going to cut your head through his kitchen window with one Slepian, four clinics in three States re- off.’’ Protesters with bullhorns repeat- bullet through the head in front of his ceived letters purporting to contain an- edly demonstrated at Dr. Tompkins’ entire family. After the killing took thrax, which we know is the most dead- home early on Saturday mornings. On place, a poem appeared on the Internet, ly strain of bacteria. A few days later, several occasions, he has had to have a ‘‘Ode to Slepian.’’ They say the most six more anthrax threats were sent to police escort to go to church. vicious things. They have the audacity clinics. Although some clinics were A 14-page ‘‘joke’’ booklet—it cer- to quote Holy Scripture to condone closed and staff decontaminated, all of tainly is anything but a joke—was dis- their act of violence and their attempt these threats turned out to be hoaxes. tributed by an anti-choice group called to ‘‘coronate’’ this act of violence as Bombs were discovered at two clinics ‘‘Life Dynamics’’ to more than 33,000 something good and positive. in North Carolina about a year ago, medical students. These so-called ‘‘The sound of window glass shattering, a less than a month after these clinics ‘‘jokes’’ recommended physicians who hollow thud, and a woman’s scream coming had been damaged by arson. perform abortions should be shot, at- from within the house, pierced the frigid air. Between May and July of last year, tacked by dogs, and buried in concrete. He smiled. Hallelujah to the Lord.’’ 19 clinics in Louisiana, Florida, and One medical student who received the This has got to stop. Texas were vandalized with butyric booklet the same day Dr. Gunn was Six years ago, I was first to speak acid, that I have already talked about, murdered stated, ‘‘To say the least, it out against clinic violence. On the day which is a noxious industrial chemical was upsetting’’—that all OB/GYNs Dr. Gunn was brutally murdered in which sent people who happened to be should be killed. Florida, I said I thought that was in the area to hospitals, including pa- The extraordinary measures that wrong. I still think it is wrong. Regard- tients and staff members. They went people must take for their protection less of a person’s feeling on the issue of there with respiratory problems, nau- doesn’t seem right in a country such as abortion, we can’t allow this to take

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.021 pfrm01 PsN: S08PT1 S14240 CONGRESSIONAL RECORD — SENATE November 8, 1999 place. After the speeches on clinic vio- Senator from Montana speaking, in- problem of implementation and re- lence and the public’s disgust, a law tend to have perhaps 15 minutes split sults. was passed - Federal Access to Clinic between the two of us. I ask unanimous In the Uruguay round, Japan did not Entrance Act. It was directed toward consent we be recognized following the have to make the kind of significant this terrorism at clinics. It has helped. presentation by the Senator from Mon- changes that were required of many Not a great deal, but it has helped. It is tana. other major trading countries. Includ- a step in the right direction. Mr. REID. The Senator from Mon- ing the United States. Even where Today, I am directing a letter to the tana needs 10 minutes? Japan agreed to open its market, such Attorney General of the United States, Mr. BAUCUS. I will need 10 to 12 as the rice market, the out-of-quota Janet Reno. I say to Janet Reno, I minutes. tariff rate is still in the range of 500 know there is a task force dealing with Mr. DORGAN. I ask unanimous con- percent. That is not a misquote. It is these issues, but we in Congress need sent following the presentation of the Five Zero Zero, 500 percent tariff on to be told what is being done. We need Senator from Montana I be recognized rice coming into Japan from the to see some results and we need to for 15 minutes with the intention of United States. I am worried that in the know what more can be done. We need yielding some of that time to the Sen- next round, the Japanese Government a report. ator from Idaho. will be able to minimize the commit- We not only have to go after those The PRESIDING OFFICER. The Sen- ments they make. And then, in a people who have committed these atro- ator from Nevada controls the time. uniquely Japanese way, they will be cious deadly acts, but we need to figure Mr. REID. I have no objection to able to minimize the implementation out a program to stop them from hap- that. of those commitments and obligations. pening in the first place. We can’t have The PRESIDING OFFICER. Without In earlier trade rounds, Japan agreed the Internet, the U.S. mail, people’s objection, it is so ordered. to the GATT Government Procurement Code. But the United States found that homes and businesses violated by these f we had to negotiate special bilateral terrorists. JAPAN’S MARKET OPERATIONS I am asking Janet Reno to give us in agreements with Japan in order to get genuine access to their government Congress some direction, some guid- Mr. BAUCUS. Mr. President, a long market. We negotiated multiple ar- ance as the chief law enforcement offi- list of issues must be addressed in the rangements on computers, supercom- cer in this country. We want to know next round of the multilateral trade puters, telecommunications equip- what you are doing to stop these acts negotiations that kick off in Seattle in 4 weeks. Agricultural trade is at the ment, medical equipment, and sat- of intimidation and violence. It is time ellites. Even with these arrangements, these 38,000 acts are stopped. We must very top. Other issues include further reducing tariffs, repairing the WTO dis- access to Japan’s market has still been do something to stop this senseless vio- a major problem in many of these lence in the land of our liberty. pute settlement process, removing restrictions on trade and services, in- areas. The GATT system has not We must understand that what sepa- worked well here. In the Uruguay creasing opportunities to sell to gov- rates any pluralistic society from anar- round, we were so focused on other ernments, avoiding measures that re- chy is a recognition that no one has a problems, especially in Europe, that we strict the growth of electronic com- monopoly on the truth. When this missed a lot of opportunities with merce and figuring out how to put a basic precept fails, so does the commu- Japan. I am concerned that the same human face on trade law consideration nity. It was thus in Kosovo, Bosnia, thing may happen again. I certainly do of the relationship between trade and and Rwanda, in the Germany of the not want to take away from the focus labor and between trade and the envi- 1930s and America of 1861. on agriculture and other priorities we ronment. There have always been people who have for the next round. But I want to There is another issue that has re- knew the wishes of their Supreme be sure that we do not let Japan off ceived virtually no attention at all. Being more clearly than others. Some again. became St. Francis; others burned St. Yet it is of critical importance to the Japan seems now to be working over- Joan. Some raised cathedrals; others United States, to most other nations, time to protect its trade-distorting sacked Jerusalem. Some wrote hymns and to the world trading system itself. policies in agriculture, forestry, and of praise to the Lord; others wrote his I refer to the problem of Japan, the fishing. The Advanced Tariff Liberal- name in blood. There have always been second largest economy in the world. A ization efforts would have been further people who knew their law was of a country where the markets for our along but for Japanese opposition at higher moral value than the laws of so- goods and services remain far more APEC. Now, Japan is trying to hide its ciety in which they live. closed than they should be. protectionist policies behind the ban- Some became Gandhi and led The sense-of-the-Senate resolution I ner of the ‘‘multifunctionality’’ of agri- marches to the sea; others became am introducing today, along with Sen- culture. That is, they claim that farm- Theodore Kaczynski and mailed bombs ator GRASSLEY, urges the administra- ing plays an important role in a coun- to people they never met. Some be- tion to pay much more attention to try’s social and cultural fabric, trade came Henry David Thoreau and refused Japan in the next trade round than was liberalization cannot interfere. Of to make war; others became Timothy the case in the past. course, farming is integral to the social McVeigh and made war on innocent I want the administration to work fabric of many nations, including our men, women, and children. Some be- overtime to ensure that Japan makes own. But that is not an excuse for came Martin Luther King and marched commitments that will genuinely open trade protection and making other to Selma; others became James Earl its markets. And the administration countries pay those domestic social Ray, the lone fanatic with a gun. must then ensure that Japan meets costs. As long as any man or woman com- those commitments. Paper agreements At the same time, Japan is playing a bines that mistaken belief in a higher will not suffice. Agreeing to broad prin- leading role in criticizing United law with a conviction that they are ciples is unacceptable. Negotiations in States trade laws and in working with empowered to enforce it against their the next trade round must lead to clear other countries to challenge our anti- fellow man, so long will the fringe fa- results in Japan. There must be mean- dumping and countervailing duty laws natics of the pro-life movement, mur- ingful, measurable change in the way in the next round. Some speculate that der and maim and intimidate in viola- Japan’s markets operate. this is just another attempt to under- tion of the rights and beliefs of every Historically, the relationship be- cut American initiatives in the new person dedicated to a just and civil so- tween multilateral and bilateral trade round. Japan could, and more impor- ciety in America. commitments made by Japan, and then tant Japan should, take a leadership All Americans must speak out whether there is actual change in Ja- role in a number of areas. After all, few against this new American terror; to pan’s markets, has been tenuous, at countries in the world have benefited do otherwise is un-American. best. The American Chamber of Com- more than Japan over the past half Mr. DORGAN. Mr. President, Senator merce in Japan, in its report ‘‘Making century from an open world trading CRAIG from Idaho and I, following the Trade Talks Work’’, documented this system.

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.023 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14241 Japan could take significant steps to Senators and Congressmen, to try to I simply tell my colleagues this to make its regulatory system more establish, a set of objectives that will explain that we have serious challenges transparent and less burdensome. They be helpful to family farm interests in in this trade round. The caucus that we could table a broad based services lib- this country for our trade ambassador have established created some objec- eralization proposal that would encour- and our trade negotiators to follow. tives on behalf of farmers and ranchers, age others to follow. Japan could lead Mind you, we are not simply focusing under the heading of Fair trade for ag- the effort to put more transparency on the issue of family farmers. We riculture at the WTO conference: into the government procurement want our trade talks to be fruitful to Expand market access. Too many agreement. It could lead on electronic our country and our economy as a markets around the world are closed to commerce. And, of course, it could deal whole. But we believe very strongly, American farmers and ranchers who with those agriculture policies that are representing rural States, that family want to compete. Expand access, elimi- at the top of the agenda. farmers have been hurt by recent trade nate export subsidies. Those are trade- This resolution calls on the adminis- agreements and that ought not be the distorting. tration to focus on Japan in the next case. Trade arrangements and trade ne- The fact is, we are barraged with ex- round, to set out specific expectations gotiations ought to help our producers, port subsidies in multiples of what we for the changes desired in Japan, to en- not hurt them. So our caucus—again, are able to do. We ought to eliminate sure that Japanese commitments made nearly 50 Senators and Congressmen export subsidies—the Europeans, espe- in the round will truly lead to change strong—Republicans and Democrats cially, are guilty of massive quantities in the Japanese market, to work with working together, established a set of of export subsidies. other major nations to ensure that objectives. Those objectives we have Discipline state trading enterprises. these changes occur, and to consult used in meetings with the trade ambas- These are sanctioned monopolies that closely with Congress and the private sador and with the Secretary of Agri- would not be legal in our country. The sector, including manufacturers, agriculture and others, and many of us will Canadian Wheat Board, especially, en- culture, service providers, and NGOs, in fact go to Seattle the first week of gages in unfair trade. Improve market access for products throughout the negotiations. December and be present at the initi- of new biotechnology. I hope my colleagues will join me in ation of these trade talks, trying to Deny unilateral disarmament; that helping ensure full participation by press the case that this time family is, do not give up the tools to combat Japan in the round and in ensuring farmers and ranchers across this coun- unfair trade; and do not give up the do- that we will benefit from Japan’s com- try must not be given short shrift in mestic tools to support family farmers. mitments. the trade talks. We have a substantial list on our I yield the floor. I would like to go through a couple of agenda. Rather than go through all of The PRESIDING OFFICER. The Sen- charts that describe the seriousness of this, I want to yield to the Senator ator from North Dakota. the situation we want to confront with from Idaho in a moment, but let me Under the previous order, the Sen- this trade agenda. Here is a chart that also say the Presiding Officer, the Sen- ator from North Dakota is recognized shows what has happened to our trade ator from Wyoming, is also involved in for 15 minutes. deficit. We are beginning a new round this caucus, as are many others, Re- f of trade talks at a time our trade def- publicans and Democrats, working to- icit is going through the roof, $25 bil- THE UPCOMING WTO TRADE gether for a common purpose, and that lion in a month in trade deficits. That SUMMIT common purpose is to say: Farmers is very serious. That is the highest and ranchers around this country work Mr. DORGAN. Mr. President, I am trade deficit anywhere in history, by hard, and they do their level best. They pleased to come to the floor today any country, any place, any time. raise livestock and grain and they do a along with my colleague from Idaho, What is happening with imports and good job. They can compete anywhere, Senator CRAIG, to discuss objectives we exports? This chart shows that imports any time, under any condition, but have for the upcoming WTO trade sum- keep going up, up, and up, while ex- they cannot compete successfully when mit in Seattle, WA. We want that trade ports are basically a flat line. That is, the rules of trade are unfair. summit, the initiation of a new round of course, what is causing our trade im- That, sadly, too often has been the of trade talks, to be as productive as balance. case, and we intend this time in this possible for this country and especially Just on agricultural trade alone, in WTO round to see that is no longer the for this country’s family farmers and the last couple of years, we have had a case. We want these negotiations to ranchers. very healthy surplus in agricultural bear fruit—bear grain, actually, now In recent years, we have seen the re- trade that has shrunk, and shrunk, and that I think about it, from my part of sults of our trade negotiators negoti- shrunk some more. This is a chart that the country, but fruit for others. We ating trade agreements in secret spells out the difficulties family farm- want these negotiations to work for around the globe and developing the ers now face—the rather anemic ability our family farmers and ranchers. conditions under which we trade goods to export to other countries. We are Bipartisan work in Congress does not and services. Family farmers and not exporting as much as we used to, get very much attention because there ranchers largely have discovered they and there is a substantial amount of is not much controversy attached to it, have been given short shrift and not increased imports in food products but there are many instances in which treated very well. In fact, their rem- from abroad. we work together across the aisle. This edies to attempt to confront unfair Finally, let me take it from the gen- is one. A bipartisan group of 50 Mem- trade arrangements were taken away. eral to the specific, to say one of the bers of the House and Senate are work- They discovered that in many cases the burrs under my saddle has always been ing together for a common objective: competition they face in the market- the trade with Canada. It is fundamen- to improve conditions in rural America place for agricultural goods was unfair tally unfair. This chart shows what has as a result of the upcoming WTO round competition. They discovered foreign happened with our agricultural trade of trade talks. I am very pleased to markets were still closed to them, with balance with Canada. The United have been working with my colleague, little promise of them being opened. States-Canadian trade agreement and Senator CRAIG, from the State of We decide this time that the round of NAFTA turned a healthy trade surplus Idaho. I yield to the Senator from trade talks that will begin with the with Canada in agricultural commod- Idaho. WTO in Seattle would be different. So ities alone into a very sizable deficit. The PRESIDING OFFICER. The Sen- Senator CRAIG and I convened a caucus, That is the wrong direction. In durum ator from Idaho. the WTO Trade Caucus for Farmers and wheat, in the first 7 months of this Mr. CRAIG. Mr. President, I thank Ranchers. We called our colleagues in year compared with the first 7 months Senator DORGAN for outlining the in- the House, Congressman Simpson and of previous years, which themselves are tent of the effort underway by the Sen- Congressman Pomeroy, and, with the an all-time record, you will see once ator, myself, and 49 other colleagues. It four of us as cochairs, created an orga- again we continue a massive quantity was Senator BYRON DORGAN who ap- nization in Congress that has nearly 50 of unfair trade coming in from Canada. proached me on the idea of creating a

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.006 pfrm01 PsN: S08PT1 S14242 CONGRESSIONAL RECORD — SENATE November 8, 1999 WTO caucus to elevate the interests of products. Yes, we have to do a better dramatic reduction in the agriculture trade agriculture in this up-and-coming job of convincing the world of our tre- surplus, from $27 billion in 1996 to just $11.5 round of the WTO planning session in mendous scientific capability. At the billion this year. Seattle in December. same time, they cannot arbitrarily be NO UNILATERAL DISARMAMENT I thank him for that vision. It has used as a target for nontariff barriers, Combat Unfair Trade. been fun working with him as we have as will be argued or debated in Seattle. Restore and strengthen enforcement tools against unfair trade practices. created what I think is—sometimes That is a collection of many of the Improve enforcement of WTO dispute panel unique in the Congress—a bipartisan, issues with which we are going to be decisions, accelerate the process, and make bicameral effort where we are all dealing. It is so important America it more transparent. standing together on a list of items and recognizes the abundance of its agri- Support Family Farmers. issues we know are key for American culture and the unique situation we Preserve the flexibility to assist family agriculture. The Senator has outlined find ourselves in a world market today farmers through income assistance, crop insurance and other programs that do not dis- those on which we came together in a where we have had the privilege, tort trade. consensus format that we think are through the productivity of America’s Retain the full complement of non-trade critical, that we presented to our Trade farmers, to lead the world. We now do distorting export tools including export cred- ambassador and to our Secretary of not lead when it comes to agricultural it guarantees, international food assistance, Agriculture. exports but we will search to cause it and market development programs. Market access—we know how criti- to happen, through the openness of the STATE TRADING ENTERPRISES cally important that is; export sub- marketplace, through the fairness of Establish disciplines on STEs to make sidies and how they are used or used competition we know American agri- them as transparent as the U.S. marketing against us; State trading enterprises culture, given that opportunity, can system. and their ability to mask the reality of Expose STEs to greater competition from offer. in-country importers and exporters. subsidies from products that enter the Again, I thank Senator DORGAN for Eliminate the discriminatory pricing prac- marketplace in a nontransparent way; his cooperativeness and the ability to tices of STE monopolies that amount to de nontariff barriers that are used to work together with our colleagues facto export subsidies. block the movement we want to see in MIKE SIMPSON and EARL POMEROY from Export STEs like the Canadian Wheat Board and the Australian Wheat Board Ltd. certain trade efforts. the House and, as Senator DORGAN All of these are the issues we have control more than 1⁄3 of world wheat and mentioned, the Senator from Wyoming wheat flour trade. Import STEs keep U.S. presented and because of our effort col- who is presiding at this moment. All of lectively, we have caused the Secretary farmers and exporters out of lucrative for- these are tremendously important and eign markets. of Agriculture and the Trade ambas- critical issues for our home States and NON-TARIFF TRADE BARRIERS sador to suggest that No. 1 on the agen- for America at large. The abundance, Ensure that science and risk assessment da of America’s negotiators at the the productivity of American agri- principles established by the Sanitary and WTO will be agricultural issues. culture hangs in the balance. To the Phytosanitary Accord during the Uruguay Why are we concerned about it? Here consumer who walks in front of a su- Round are the basis of measures applied to is an example. Even after the Uruguay permarket shelf every day to see such products of new technology and that this agreement which required tariff reduc- phenomenal abundance, that in itself process be transparent. Assume that regulatory measures applied tions of some 36 percent, the average could decline if we are not allowed the bound agricultural tariff of WTO mem- to products of new technologies do not con- world marketplace in which to sell the stitute ‘‘unnecessary regulatory burdens.’’ bers is still 50 percent. In contrast the goods and services of American agri- Negotiate improved market access for average U.S. tariff on agricultural im- culture. products of new technology, including bio- ports is less than 10 percent—50 percent Mr. President, I ask unanimous con- engineered products. versus 10 percent on the average. Those sent to print in the RECORD agricul- Non-tariff barriers have become the pro- are the kinds of relationships we have tural trade priorities for the WTO Con- tectionist weapon of choice, particularly for to see brought into balance and cor- the products derived from new technologies, ference. as customs tariffs are lowered. U.S. nego- rected. There being no objection, the mate- The United States spends less than 2 tiators should prevent our trading partners rial was ordered to be printed in the from making crops and other goods produced percent, $122 million a year, of what RECORD, as follows: with genetically-modified organisms into the European Union spends on export WTO TRADE CAUCUS FOR FARMERS AND second-class food products that are the sub- subsidies. They spend $7 billion a year, RANCHERS—AGRICULTURAL TRADE PRIOR- ject of discrimination in foreign markets. buying down the cost of their product ITIES FOR THE WTO MINISTERIAL CON- Mr. CRAIG. I yield the floor. to present it into a world market. In FERENCE AND NEW ROUND OF GLOBAL TRADE Mr. DORGAN. Mr. President, I ask fact, the European Union accounts for NEGOTIATIONS unanimous consent to add 10 minutes 84 percent of the total agricultural ex- MARKET ACCESS to the discussion. I want to ask the port subsidy worldwide. Subsidized for- Expand market access through tariff re- Senator from Idaho a question. eign competition has contributed to duction or elimination. The PRESIDING OFFICER. Without the nearly 20-percent decline in U.S. Negotiate zero-for-zero for appropriate sec- objection, it is so ordered. agricultural exports, as Senator DOR- tors. Mr. DORGAN. Mr. President, I lis- GAN so clearly pointed out on his Strive for reciprocal market access. tened to the Senator from Idaho, and charts a few moments ago. That dra- Even after the Uruguay Round Agreement, one of the points he made is important. matic reduction in the agricultural which required tariff reductions of 36 per- A lot of people do not understand that cent, the average bound agriculture tariff of trade surplus from a $27 billion surplus WTO members is still 50 percent. In contrast, following the conclusion of the latest for us in 1996 to just $11.5 billion this the average U.S. tariff on agriculture im- round of trade talks, there remains a year says it very clearly. We have to do ports is less than 10 percent. 50-percent tariff on average in other something on behalf of American agri- EXPORT SUBSIDIES countries. To the extent we can get our culture to allow them a much fairer ac- Eliminate all export subsidies. agricultural commodities into those cess to world markets. Reduce European Union (EU) subsidies to countries, there is a 50-percent tariff Those are the issues we think are so the level provided by the United States be- on those goods. critical as we deal with our world trad- fore applying any formula reduction. Nego- In previous speeches I talked about ers in Seattle. Nontariff barriers have tiations must not leave the EU with an abso- eating American T-bone steaks in become the protectionist weapon of lute subsidy advantage. Japan and that there is a 40.5-percent choice particularly for the products de- The United States spends less than 2 per- tariff on every pound of beef going into rived from new technologies, as Cus- cent ($122 million) of what the EU spends on Japan. That is actually a bit lower toms tariffs are lowered. U.S. nego- export subsidies ($7 billion). In fact, the EU accounts for 84 percent of total agriculture than the average tariff that is con- tiators should prevent our trading export subsidies worldwide. Subsidized for- fronting our products going elsewhere partners from making crops and other eign competition has contributed to the in the world. foods produced with genetically modi- nearly 20 percent decline in U.S. agriculture I think anyone would conclude it is a fied organisms into second-class food exports over the last three years, and the failure if we had a 50-percent tariff on

VerDate 29-OCT-99 01:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.029 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14243 an agricultural commodity coming I inquire of the Senator from Idaho, That describes why our farmers and into this country, and yet our pro- is it not the case that the point we are ranchers in this country are so upset. ducers confront it all across the world. making in these trade objectives is to They have reason to be upset. They In fact, those are the cases when we say, on both market access—on tariffs, ought to be able to expect, when our can get products in. There are many on export subsidies—and other items, negotiator negotiates with other coun- circumstances where we will not get that we do not want to be in a cir- tries, that we get a fair deal. It is not products into a market at all or, if we cumstance anymore when, at the end a fair deal to say to other countries: get some products in, we cannot get of the negotiation, we have made con- We will compete with you, but you go sufficient quantity; is that not correct? cessions to other countries that put ahead and subsidize; drive down the Mr. CRAIG. The Senator is abso- our producers at a significant and dis- price. Dump it, if you like, and there lutely correct. When we came out of tinct disadvantage? will be no remedy for family farmers to the Uruguay Round, when the round Is it not the case that our producers, call it unfair trade because we in our was heralded to have significant im- at the end of the previous rounds, were trade agreement will say it is OK. provements in overall tariff levels, the at a distinct and dramatic disadvan- It is not OK with me. It is not OK problem was that most tariffs in the tage, and our objective is to make sure with the Senator from Idaho. It is not world were very high and ours were that does not happen again. OK with many Republicans and Demo- very low. Mr. CRAIG. The Senator is abso- crats who serve in Congress who insist So we negotiated everybody down lutely correct. In fact, let me give an it is time to ask that trade be fair so equally. We took a reduction in tariff. example of the disadvantage we were in our producers, when they confront They, the European community, and that caused great frustration. competition from around the world, others, took a reduction in tariff, The Senator’s State and my State can meet that competition in a fair and which brought the average, other than produce a variety of grains. And we honest way. That is not what is hap- the tariffs of the United States, down produce them at high rates of yield. pening today. to 50 percent; and ours were down in They are high-quality grains. Yet we If I might make one additional point, the 10-percent-or-less range. So it was found shiploads of grains, barley in the Senator represents a State that this kind of gradual slide. some instances, from foreign countries borders with Canada, a good neighbor I do not call that fair or balanced. It sitting at our docks, being sold into of ours to the north. My State borders would have been different if the rest of our markets at below our production with Canada. I like the Canadians. I the world had come down to a 20-per- costs. think they are great people. cent-or-less range or properly on parity How did that come about? That came But following the trade agreement with the United States at 10 percent or about because the government of the with Canada, and then NAFTA, we less. That really is the way we should producing country that sent the boat- began to see this flood of Canadian negotiate. load of grain to the Port of Portland durum coming into this country. It Thank goodness our Trade Rep- subsidized it down to a level that they went from 0 to 20 million bushels a resentative, Charlene Barshefsky, could actually enter our market and year. Why? Do we need durum in this agrees with us now and has agreed they compete against our producers who country? No. We produce more than we will not negotiate from that position in were getting 1950 prices for their 1998 need. Why are we flooded with durum? Seattle, that clearly the European barley crop. Because Canada has the state trading community and others have to bring How do you pay for a brand new trac- enterprise called the Canadian Wheat that down to a near level area. tor or a brand new combine with 1950 Board, which would be illegal in this Mr. DORGAN. Mr. President, further dollars in 1998? You do not. You run the country but legal there. inquiring, is it not the case that ex- old combine, you fix it up, or you go They sell into this country at secret prices. It is perfectly legal. You can actly the same thing happened on ex- bankrupt. But that is exactly what was sell at secret prices. You dump and port subsidies? The Senator from Idaho happening because our negotiators did hide behind your secrecy, and no one described tariffs that exist in our coun- not do the effective job of bringing can penetrate it. That is why our farm- try versus other countries and trade down export subsidies in a way that ers are angry. It has totally collapsed talks attempting to reduce those tar- would disallow the greatest grain-pro- the price of durum wheat. It is unfair iffs, except they left the tariffs much ducing country in the world to accept trade. All the remedies that farmers higher in other countries than in our grain at its ports from foreign nations and ranchers would use to fight this country. If you go down 10 percent, and at below our cost of production. That is unfair trade are gone. one country has a 50-percent tariff, the best example I can give. Ranchers have just gotten together that means you have taken their tariff Mr. DORGAN. If the Senator would in something called R-CALF. They down from 50 to 45 percent. If we have yield, I think the Senator is describing, have spent a lot of money and legal a 10-percent tariff, we go from 10 to 9. at least in one case, a barley shipment fees and so on and taken action against That does not make any sense to me. coming from the European Union to the Canadians. Guess what. The first Exactly the same thing was true with Stockton, CA. It pulled up to the dock couple steps now they have won. But respect to export subsidies. So the Eu- in Stockton, CA, and was able to off- that should not be that way. You ropean countries were left with export load barley shipped over here from Eu- should not have to force producers to subsidies many times in excess of any- rope at a price that was dramatically spend a great deal of money to go hire thing we could possibly use. That was below the price that was received in Washington law firms to pursue these probably fine in the first 25 years after this country by barley growers, at a cases. the Second World War because then our time, incidentally, when our barley Trade agreements ought to be nego- trade policy was really foreign policy. price was in the tank. tiated aggressively on behalf of our We were trying to help other countries How could that be the case? The rea- producers in order to require and de- out of the trouble they were in. We son they could do it is they deeply sub- mand fair trade. But I wanted to make could beat anybody else around the sidized it. In fact, they dumped it into the point about State trading enter- world in trade with one hand tied be- our marketplace. When that ship prises, which must be addressed in this hind our back. It didn’t matter very showed up at the California dock, it new WTO round, because the STEs much. We could do a lot of con- represented legal trade. Think of that: have dramatically injured American cessional things. A deeply subsidized load of grain com- farmers and ranchers. That is not the case anymore. The ing into a country that is awash in its My expectation is that Senator CRAIG European Union is a tough, shrewd eco- own barley, with prices in the tank, has discovered exactly the same cir- nomic competitor. Japan is a tough, and that ship shows up, and it is per- cumstance in Idaho in terms of his shrewd economic competitor. The same fectly legal. They can just dump it into ranchers and farmers trying to com- is true of many of our trading partners. our marketplace. They can hurt our pete against sanctioned monopolies We must begin to insist that trade pol- farmers. It doesn’t matter because it is from other countries. icy be hard-nosed economic policy, not legal under the previous trade agree- Mr. CRAIG. The Senator is abso- foreign policy. ment. lutely right. When he speaks of State

VerDate 29-OCT-99 02:32 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.030 pfrm01 PsN: S08PT1 S14244 CONGRESSIONAL RECORD — SENATE November 8, 1999 trading enterprises, the Canadian A bill (S. 625) to amend title 11, United also consider the specific cir- Wheat Board and the Australian Wheat States Code, and for other purposes. cumstances and market forces that Board control over one third of the Pending: push middle class Americans into world’s wheat and wheat flour trade. Grassley amendment No. 1730, to amend bankruptcy. As the Senator just explained, those title 11, United States code, to provide for Let’s take the basic facts one by one. negotiations are kept secret. Those health care and employee benefits. Fact No. 1: The rising economic tide trading enterprises buy the grain from Kohl amendment No. 2516, to limit the has not lifted all boats. Despite low un- value of certain real or personal property a farmers at the going market price. employment, a booming stock market, Then when they sell it, they do not re- debtor may elect to exempt under State or local law. and budget surpluses, Wall Street port it. If they are to sell it well below Sessions amendment No. 2518 (to amend- cheers when companies—eager to im- the cost of the market, to get it into ment No. 2516), to limit the value of certain prove profits by down-sizing—lay off another country for purposes of sale, real or personal property a debtor may elect workers in large numbers. In 1998, lay- they sell it, and they are subsidized ac- to exempt under State or local law. offs were reported around the country cordingly. If they can make money, Feingold (for Durbin) amendment No. 2521, in almost every industry—9,000 jobs they make money. But the point is, to discourage predatory lending practices. were lost after the Exxon-Mobil merg- those kinds of transactions are not Feingold amendment No. 2522, to provide for the expenses of long term care. er; 5,500 jobs were lost after Deutsche transparent. They are not reported. Bank acquired Bankers Trust; Boeing In my State of Idaho, you can get a Hatch/Torricelli amendment No. 1729, to laid off 9,000 workers; Johnson & John- truckload of barley out of Canada to an provide for domestic support obligations. Leahy/Murray/Feinstein amendment No. son laid off 4,100. Kodak has cut 30,000 elevator in Idaho cheaper than the 2528, to ensure additional expenses and in- jobs since the 1980s and 6,300 since 1997. farmer can bring it from across the come adjustments associated with protection Often, when workers lose a good job, street out of his field to that elevator. of the debtor and the debtor’s family from Why? Because that was a sale con- domestic violence are included in the debt- they are unable to recover. In a study ducted by that particular trading en- or’s monthly expenses. of displaced workers in the early 1990s, terprise, and it was sold well below the Leahy amendment No. 2529, to save United the Bureau of Labor Statistics reported market, and, of course, that was not States taxpayers $24,000,000 by eliminating that only about one-quarter of these reported. You do not have marketplace the blanket mandate relating to the filing of workers were working at full-time jobs tax returns. competition. You cannot even under- paying as much as or more than they stand it and compare figures, if you The PRESIDING OFFICER. The Sen- had earned at the job they lost. Too have no transparency in the market- ator from Massachusetts. often, laid-off workers are forced to ac- place. State trading enterprises are Mr. KENNEDY. Mr. President, as I cept part-time jobs, temporary jobs, known for that, and we have asked our remember, the consent request was and jobs with fewer benefits or no bene- Secretary of Agriculture and our trade that this hour was to be used for debate fits at all. ambassador to go directly at this issue. on bankruptcy prior to 3. Is the time Fact No. 2: Divorce rates have soared Even the farmer of Canada now recog- evenly divided, or how is the time des- over the past 40 years. For better or for nizes that this is also disadvantaging ignated? worse, more couples are separating, the producer in Canada, to have this The PRESIDING OFFICER. There is and the financial consequences are par- kind of a monopolistic power control- no division of time until 3. ticularly devastating for women. Di- ling the grain trade of the world. PRIVILEGE OF THE FLOOR vorced women are four times more Mr. DORGAN. Mr. President, I have Mr. KENNEDY. Mr. President, I ask likely to file for bankruptcy than mar- been pleased to work with Senator unanimous consent that the following ried women or single men. In 1999, CRAIG and others in establishing this be granted the privilege of the floor for 540,000 women who head their own caucus. I will be in Seattle at the trade the bankruptcy bill: Kathy Curran, households will file for bankruptcy to talks, as are many of my colleagues. Jennifer Liebman, Lisa Bornstein. try to stabilize their economic lives. We are determined this time to make The PRESIDING OFFICER. Without 200,000 of them will also be creditors sure that, at the end of these trade objection, it is so ordered. trying to collect child support or ali- talks, we do better than we have done Mr. KENNEDY. Mr. President, for mony. The rest will be debtors strug- before on behalf of family farmers and over 100 years, Congress has supported gling to make ends meet. ranchers. a bankruptcy system that balances the Fact No. 3: Over 43 million Ameri- Will Rogers said, I guess 60 years ago, needs of debtors in desperate financial cans have no health insurance, and the United States of America has never straits and creditors who deserve re- many millions more are underinsured. lost a war and never won a conference. payment. Today, however, the tide is Each year, millions of families spend He surely would have observed that if changing. Too often the complexity of more than 20 percent of their income he had observed the trade negotiations the problems facing debtors is ignored. on medical care, and older Americans that have occurred with Republican Critics, using the unfair rhetoric sup- are hit particularly hard. A June 1998 and Democratic administrations over plied by the credit industry, call bank- CRS Report states that even though recent decades. We are determined to ruptcy an undeserved refuge for those Medicare provides near-universal try to change that. That is the purpose who can’t or won’t manage their fi- health coverage for older Americans, of this caucus. nances. Honest, hard-working, middle half of this age group spend 14 percent I yield the floor. class families are unfairly character- or more of their after-tax income on f ized as dead-beats who abuse the bank- health costs, including insurance pre- CONCLUSION OF MORNING ruptcy system to avoid paying their miums, co-payments and prescription BUSINESS debts. The result is the excessively drugs. harsh bankruptcy reform bill presented Fact No. 4: The credit card industry The PRESIDING OFFICER (Mr. to the Senate. has engaged in a massive and unseemly VOINOVICH). The Senator from Massa- During this debate, every Senator nation-wide campaign to hook chusetts. Mr. KENNEDY. Mr. President, what must ask one essential question—who unsuspecting citizens on credit card is the pending business? are the winners and who are the losers debt. Credit card issuers logged 24 mil- The PRESIDING OFFICER. Morning if this bill becomes law. A fair analysis lion telemarketing hours in 1996 and business is closed. of the bill will lead members of the sent out 3.45 billion—billion—credit f Senate to the same conclusion reached card solicitations in 1998. In an average by House Judiciary Committee Chair- month, 75 percent of all households in BANKRUPTCY REFORM ACT OF man HENRY HYDE, who counted dozens the country receive a credit card solici- 1999—Resumed of provisions that favor creditors. But, tation. In recent years, the credit card The PRESIDING OFFICER. The decency and dignity need not be vic- industry has also begun to offer new clerk will report the pending business. tims of reform. Balanced bankruptcy lines of credit targeted at people with The legislative assistant read as fol- legislation is our goal. Though we must low incomes—people they know can lows: address the needs of creditors, we must not afford to pile up credit card debt.

VerDate 29-OCT-99 02:32 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.032 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14245 Facts such as these have reduced the I ask unanimous consent that this Industrial & Textile Employees (UNITE), economic stability of millions of Amer- list be printed in the RECORD. United Automobiles, Aerospace and Agricul- ican families, and have led to the sharp There being no objection, the mate- tural Implement Workers of America/UAW, increase in the number of bankruptcy rial was ordered to be printed in the United Food & Commercial Workers Inter- national Union, United Steelworkers of filings. Two out of every three bank- RECORD, as follows: America, U.S. Public Interest Research ruptcy filers have an employment prob- CHANGES IN BANKRUPTCY FILINGS, 2D Group, Wider Opportunities for Women, The lem. One out of every five bankruptcy QUARTER 99, V 2D QUARTER 98 Woman Activist Fund, Women Employed, filers has a health-care problem. Di- Oklahoma, ¥62.1%; N. Hampshire, ¥23.9%; Women Work!, Women’s Institute for Free- vorced or separated people are three Nebraska, ¥15.85%; Connecticut, ¥14.67%; dom of the Press, Women’s Law Center of times more likely than married cou- Minnesota, ¥14.19%; Colorado, ¥13.87%; Maryland, Inc., YWCA of the U.S.A. ples to file for bankruptcy. Working California, ¥13.76%; Massachusetts, ¥13.62%; Mr. KENNEDY. Mr. President, this men and women in economic free fall North Dakota; ¥13.33%; Kansas, ¥13.25%; list represents virtually all of the chil- often have no choice except bank- Tennessee, ¥11.64%; Kentucky, ¥10.59%; dren’s protection groups—those groups Idaho, 10.27%; New York, 9.82%; Texas, ruptcy. ¥ ¥ ¥9.69%. that have been most identified with The bankruptcy system provides a Michigan, ¥9.63%; Georgia, ¥8.28%; New protecting women’s economic and po- second chance for these large numbers Jersey, ¥7.95%; W. Virginia, ¥7.3%; Mary- litical rights, those groups that have of Americans who would otherwise hit land, ¥7.23%; Vermont, ¥7.18%; Maine, been looking after workers’ interests, financial bottom. It offers an indispen- ¥7.09%; Alabama, ¥6.49%; Nevada, ¥6.02%; and small business groups as well. Vir- sable opportunity to stabilize their Mississippi, ¥4.98%; Washington, ¥4.76%; tually every one of them are opposed to households after an economic crisis. Pennsylvania, ¥4.21%; Arkansas, ¥4.2%; the underlying legislation. Clearly, we must deal with those who Rhode Island, ¥3.97%; Florida, ¥3.89%. As I mentioned in the Senate Judici- Wisconsin, ¥3.76%; Missouri, ¥3.22%; Illi- take advantage of the system and ary Committee, I would like to hear abuse it. Reform is necessary to stop nois, ¥3.19%; So. Carolina, ¥3.19%; Ohio, 2.67%; No. Carolina, 2.35%; Virginia, those who are in favor of it point out repeat filers, eliminate the loophole ¥ ¥ ¥2.24%; Louisiana, ¥2.21%; Arizona, ¥1.19%; one single group representing children, provided by the homestead exemptions Indiana, +.28%; Utah, +.38%; Wyoming, workers, women, or consumers who are in several states, and prevent wealthy +.66%; Montana, +.9%; Oregon, +3.3%; So. for this bill. Just bring those names to Americans from abusing the system to Dakota, +6%; Alaska, +12.63%; Delaware, us. Let’s debate it. But we have none, avoid paying their debts. But the credit +144.29%. zero. card industry is abusing the system, Mr. KENNEDY. Mr. President, com- It comes back to what we ought to be too. Congress needs to deal with their ing back to the basic and fundamental asking ourselves when we have this abuses realistically and fairly, in a way issue about who is supporting the legis- kind of a situation. Isn’t it worthwhile that protects millions of struggling lation, who the winners are and who that we find out who the winners are middle class and low-income families. the losers are, I will include in the and who the losers are? If common It would be irresponsible for Congress RECORD at this point the various orga- sense is any indication, we will try to to act only in ways that reward the nizations that are opposed to the legis- make a case that in justifies these credit card industry for its cynical ma- lation. comments. Virtually every one of the nipulation of these families. I ask unanimous consent that this groups representing hard-working The drop in filings this year is ample list of organizations be printed in the Americans—the men and women who indication that a harsh bankruptcy bill RECORD. work hard and play by the rules; and, is not needed. Without any action by There being no objection, the mate- in many instances, women who have Congress, the number of bankruptcy rial was ordered to be printed in the been discriminated against for a wide filings is decreasing. It is estimated RECORD, as follows: variety of reasons and issues; chil- that there will be 100,000 fewer filings ORGANIZATIONS OPPOSED TO S. 625, THE dren’s groups who understand the im- this year than in 1998—filings have BANKRUPTCY REFORM ACT portance of making sure that chil- dropped in 42 states. Leading econo- AMONG THE ORGANIZATIONS THAT HAVE VOICED dren’s interests and their financial se- mists believe that the bankruptcy cri- THEIR OPPOSITION TO S. 625 ARE: curity will be protected—are univer- sis is self-correcting. As economics pro- AFL–CIO, Alliance for Justice, American sally opposed and say ‘‘no’’ to the bill. fessor Lawrence Ausubel states, Association of University Women, American But we have others. The credit card Federation of Government Employees Lenders respond to an unexpected increase companies say yes. in personal bankruptcies by curtailing new (AFGE), American Federation of State, County and Municipal Employees So it is interesting, as we are coming lending to consumers teetering closest to into the final hours of this session, we bankruptcy, with or without new legislation. (AFSCME), American Medical Women’s As- The high rates of default at the peak of the sociation, Association for Children for En- have another one of those situations bankruptcy crisis began to impinge on the forcement of Support, Inc. (ACES), Business where the Republican leadership is put- profitability of lending and—as a result— and Professional Women/USA, Center for ting out on the floor of the U.S. Senate lenders tightened their underwriting stand- Law and Social Policy, Center for the Ad- a bill the special interests—in this ards. This is the non-legislative, free-market vancement of Public Policy, Center for the case, the credit card companies—are response which made the crisis abate. Child Care Workforce, Church Women strongly in favor of, but threatens the United, Coalition of Labor Union Women, Despite these facts, the Senate is Communications Workers of America, Con- economic interests of women and work- pursuing legislation that is a taxpayer- sumer Federation of America, Consumers ing people and children. funded administrative nightmare for Union, Equal Rights Advocates, Feminist We have little time this afternoon to struggling debtors. Majority, Hadassh, International debate a minimum wage, which we Mr. President, I will include in the Assocication of Machinists & Aerospace have been virtually prohibited from RECORD a list of the States that have Workers (IAM), International Brotherhood of doing before the Senate over the period seen a significant—and some not so sig- Boilermakers, Iron Ship Builders, Black- of the last year. We are not even going nificant—drop in the bankruptcy fil- smiths, Forgers & Helpers, International to have an opportunity to debate some- ings, comparing the second quarter of Brotherhood of Teamsters, International Women’s Insolvency & Restructuring Confed- thing that could protect consumers, 1999 to the second quarter of 1998. It eration, Ralph Nader, National Association women, children, and workers on a Pa- dropped more than 62 percent in the of Commissions for Women. tients’ Bill of Rights. That is being put State of Oklahoma. It was down 1.19 National Black Women’s Health Project, off. But we have time to debate this percent in Arizona. Eight States have National Center for Youth Law, National issue. Why? Because the credit card had some increase. It was two-tenths of Consumer Law Center, National Council for companies have a very important and 1 percent in Indiana, three-tenths of 1 Jewish Women, National Council of Negro direct interest in the outcome of this percent in Utah, six-tenths of 1 percent Women, National Council of Senior Citizens, particular legislation. in Wyoming. It was up nine-tenths of 1 National Organization for Women, National Mr. President, I want to take a few Partnership for Women and Families, Na- percent in Montana, 3.3 percent in Or- tional Women’s Conference, National Wom- moments of the Senate’s time to run egon, 6 percent in South Dakota, 12 en’s Law Center, Northwest Women’s Law through some of these charts that percent in Alaska, and 144 percent in Center, NOW Legal Defense and Education show, I think, very effectively, what Delaware. Fund, Public Citizen, Union of Needletrades, this case is all about.

VerDate 29-OCT-99 02:32 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.050 pfrm01 PsN: S08PT1 S14246 CONGRESSIONAL RECORD — SENATE November 8, 1999 This chart shows that the U.S. me- job problems. Sixty-seven percent of drugs, so Medicare didn’t have it. Now dian family income is $42,769 this year. those who are going into bankruptcy 90 percent of those policies have it, but Now these are constant dollars. If we are reporting job problems, a direct re- we can’t even get that issue up before look over at what the income was for sult of downsizing, direct result of the Senate to debate it. We haven’t got those who went into bankruptcy, in merging, the direct result of being able the chance to debate whether we ought 1981, 1991, 1995, and 1997, you find out to go down to Wall Street and cut back to have prescription drugs. We don’t there has been a gradual decline— in the total number of employees and get a chance to debate whether we $23,000, $18,000, $17,000, and in 1997 it see a bang in that stock going right up. ought to try to accept the House bill was somewhat below what it was in Extraordinary economic growth and that provides protection for consumers 1995. expansion—all of which are very fine from the arbitrary rulings of account- We have the greatest economic boom and good—doesn’t mean that you have ants in health maintenance organiza- in the history of this country, with the to come down with a hammer on work- tions. No, we can’t deal with any of lowest unemployment and rates of in- ers who, through no fault of their own, that. Let’s just look out after the cred- flation. We saw an increase in the num- are being merged out and are having it card industry. They are the ones who bers of bankruptcies. But who are these difficulty in finding jobs to try to meet need protection—not the men and people who are filing for bankruptcy? their responsibilities, especially women who have lost their health care. It is actually those in the lower in- women. No, sir; we don’t have to worry about comes. That is who we are affecting This indicates what has been hap- them—not the men and women who with legislation that is dealing with pening with regard to people who have have been downsized. No, sir; we don’t bankruptcy. Who are these people down been going into bankruptcy. More than have to worry about them; and not here in 1997? Let’s look back in 1981. 67 percent of them are showing that it women. Alimony and child care sup- The red indicates joint filings. The yel- is basically and fundamentally an issue port—let’s not worry about them. Let’s low indicates men filing. The blue is in terms of their employment. These worry about the good old credit card for women filing. other colors indicate what those par- industry. Going back to 1981, we find the great- ticular matters might be in terms of Let’s see what we have to worry est number of filings for bankruptcy downsizing and the rest. We have some about with them. What do you know? were joint filings, with some single idea now. Here is a facsimile of a letter, Mr. men and some single women. Look We have the numbers I mentioned President, which I ask unanimous con- earlier. We have the growth in the what happens in 1991. Joint still goes sent be printed in the RECORD. up, and there are increasing numbers of number of men and women who are There being no objection, the letter women and of men. In 1999, those at the separated, become divorced, and the was ordered to be printed in the top are women. They are at the bottom economic implications and burdens RECORD, as follows: women are faced with in terms of cred- in 1981 and at the top in 1999. Do you AMERICAN BANKRUPTCY SERVICE, see the very dramatic increase in the it. We find that. St. Paul, MN, December 18, 1998. Now let’s look to see if there are number of women. Why is that so? Re Fresh Start VISA Distributorship. The reason that is so is women are other indicators. Yes, there is another DEAR COUNSELOR: We offer a unique oppor- being denied alimony and child sup- very important indicator. That is the tunity that could be of great benefit to your port. That is why it is so. That is why fact that we are seeing the total num- firm and your clients. By becoming a dis- ber of uninsured in our society growing tributor, you will have the ability to market it is so, Mr. President. Every indicator an unsecured VISA credit card (the ‘‘Fresh demonstrates that is why it is so. We at a rate of over a million a year. Make no mistake about it, that is going to Start’’ card) to your clients who: are passing a major piece of legislation Have filed a Chapter 7 bankruptcy; increase and escalate. We are not doing to protect not those who are being ad- Have completed the 341 meeting of credi- anything about it. That is going to in- versely impacted by these economic tors (with no outstanding issues with the crease and escalate. forces, but to protect the credit card Trustee); Isn’t it interesting that health care- Have not yet received their discharge; industry. It is women who are facing related problems driving individuals Have attached a copy of the bankruptcy challenges because of alimony and in into bankruptcy are the No. 1 reason notice to their VISA application. terms of child support. besides job related reasons. Individuals Several law firms specializing in rep- If you wanted to do something about resenting consumer debtors in bankruptcy being dropped from the health care sys- this line here, you would do more to have requested the ability to distribute the tem are individuals at the lower end of ‘‘Fresh Start’’ VISA application to their cli- make sure the deadbeat dads are going the economic ladder who don’t have to pay up as they should in terms of al- ents. In light of this, we thought perhaps the protections and don’t have the your firm would be interested also in a dis- imony and child support. You would health insurance in the first place. tributorship. For each credit card issued, see this number go down dramatically. We all know what is happening out in your firm will receive $10. Nonetheless, no, no, we are not going the job market with the increasing There is absolutely no deposit required. to deal with that issue. We have this number of temps. So you do not have This is an unsecured VISA card. The credit other kind of formula that is going to pensions and you do not have health limit will be $500 or $1,000 depending on income. The annual fee is $49.00. Many debtors hurt these people—not protect them so insurance. Here we have the individ- they might have a second opportunity. have immediate credit needs even during a uals who are losing out and falling fur- bankruptcy. Some are approached either by The fact is, the number of people who ther behind—women on credit, women secured credit card companies but cannot are working who go into bankruptcy is on alimony, and women with chal- apply due to lack of the cash deposit re- virtually identical to those who are lenges they have in terms of payments. quired or by current creditors offering a new working generally anyway. Then you have the problems with card only with a reaffirmation. This new Isn’t that interesting? The fact is, downsizing. card offer solves these problems. (See sample these are not men and women who are Now we have one of the other major application enclosed.) Furthermore, our dogging it, these are men and women issues reflected in the bankruptcies SuperSettlements program (brochure enclosed) provides an additional method for who are out trying to make it. None- that are taking place all across this theless, are we considering a piece of avoiding reaffirmations with small redemp- country. tions. legislation that is going to help them We know what is happening across This program is intended to create a fresh get back on their feet a second time the country in terms of many of the start for your clients and an opportunity for and perhaps pay off their debt? No, no; major companies and corporations that your firm. We realize that many debtors may we are thinking about the credit card had good health care protection for re- have to file a bankruptcy due to excessive companies and looking out after their tirees. Those numbers are going down credit card debt. If you feel that this is not interests. in terms of coverage. We know the a program for them or for your firm, please So we see that the great expansion costs and what is happening in terms of disregard this letter. For more information, please fax or mail and explosion in the number of people prescription drugs. They are going up this form back to us. Please call if you have who are going into bankruptcy are pri- and escalating dramatically. questions. marily women. Now it is interesting When we passed Medicare in 1964, the Yes! Our firm is interested in distributing that bankrupt debtors are reporting private sector didn’t have prescription the ‘‘Fresh Start’’ VISA card applications to

VerDate 29-OCT-99 02:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.037 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14247 our Chapter 7 clients. Please send us detailed have gone ahead and voted ourselves a The PRESIDING OFFICER. The information on how we can become a dis- $4,600 pay increase this year and we clerk will call the roll. tributor as soon as possible. The name of the still won’t vote a pay increase of 50 The legislative assistant proceeded person at our firm to contract is: cents next year for men and women to call the roll. Mr. KENNEDY. Mr. President, here is who are at the bottom rung of the eco- Mr. GRASSLEY. Mr. President, I ask the letter that is being sent by the nomic ladder. unanimous consent that the order for ‘‘American Bankruptcy Service,’’ ‘‘Re: What is this, Mr. President? We have the quorum call be rescinded. Fresh Start VISA distributorship’’: to ask ourselves, Why? The PRESIDING OFFICER. Without Dear counselor: I can tell you, Mr. President. These objection, it is so ordered. Do you know who the counselors are? issues ought to be addressed. A number Mr. GRASSLEY. Mr. President, we Do you know who those counselors are? of our colleagues have offered amend- are on legislation we started Thursday They are counselors for the people who ments to try to address some of these night. We had discussion this Friday, have gone bankrupt—the lawyers for issues. It is going to take a lot of doing although we had no votes on any people who have gone bankrupt. Here is to try to make the difference. We are amendments to the bankruptcy reform their friendly ‘‘American Bankruptcy talking about real people. bill. I hope we can move forward with Service.’’ Take for example, Mr. and Mrs. M this legislation and get it passed before We offer a unique opportunity that could who live in the suburban community of we adjourn. be of great benefit to your firm and your cli- East Longmeadow, Massachusetts. Al- This is the same piece of legislation ents. By becoming a distributor, you will though Mr. M. makes about $60,000 per that passed the Senate by a 97–1 vote in have the ability to market unsecured VISA year, the family suffered when Mrs. M 1998. It was conferenced with the credit cards. We call it the ‘‘Fresh Start’’ lost her job, and the household income House. The conference committee re- card to your clients who: dropped by $15,000. Since then, the fam- port passed the House of Representa- Have filed a chapter 7 bankruptcy; tives by a very wide margin. The bill Have completed the 341 meetings of credi- ily has struggled to make ends meet. tors; The $14,775 loan for their 1996 Toyota came to the Senate in the last 3 or 4 Have not yet received their discharge; and the $1,520 monthly mortgage pay- days of the session with a threat of Have attached a copy of their bankruptcy ment that once seemed reasonable belong debates and filibusters against the notice. came difficult to meet. conference report. Consequently, a bill No deposit required. Even after cutting recreation ex- that passed 97–1, probably coming out This industry is out soliciting from penses to zero, the family’s expenses of the conference more favorable to the attorneys who have represented women exceed their income by several hundred point of view of those who still had and workers who have been downsized, dollars a month. They fell behind on some questions about it. Yet a lot of those who have gone bankrupt and their credit card payments, which they those Members did not want that bill belly up because of health care bills had hoped to resume paying when Mrs. to go to final passage. Therefore, the they just can’t afford to pay. M started working again. The balance last Congress ended with the bank- Now you have the credit card indus- they owed to their credit card company ruptcy conference report not passing. try writing to the attorneys and say- ballooned to $27,500. The balance in- We started over again in the new ing: Look, you can get in on the goody creased by $600 to $800 each month in Congress. Since the first of the year, trail, too, because if you represented finance charges and penalties. Mr. and Senator TORRICELLI of New Jersey and one, you probably represented others, Mrs. M saw no alternative to filing for I have been working on this legislation and you can get on and be part of our relief under the bankruptcy laws. Their to bring our colleagues a bipartisan ap- credit card distributorship as well. discharge in bankruptcy gave them a proach to bankruptcy reform that we That is what they are saying here. fresh start. They will continue to hope will end the situation of some You can read this letter right through. struggle to make ends meet, but they people who have the ability to repay Our firm is interested in distributing the have relief from the pressures of some debt getting off scot-free. We Fresh Start VISA. harassing calls from collection agents think this legislation is a big step in And we will just show you how to do and mounting debts they had no hope that direction. it. You can also be a part of this. of paying. In my earlier statements on the Sen- Here is their advertising. If this bill—S. 625—had been law, ate floor on Thursday and Friday, I al- If you have filed for bankruptcy, you they would have had no such relief. luded to the role that overly aggressive can get a Fresh Start with First Con- The means test—which uses IRS ex- bankruptcy lawyers play in the current sumers National Bank VISA card pense standards to calculate living ex- crisis of our bankruptcy system. Al- today. If you file bankruptcy, that penses and ability to repay debts— though I cannot statistically support qualifies you. There is no need to wait would probably force them out of the it, when I refer to the role of overly ag- for a bankruptcy discharge. Rebuild a bankruptcy system, completely. gressive bankruptcy lawyers I really good credit card fast with monthly ac- Longmeadow is in Hampden County, think, in my heart, we are talking counts reporting to all major credit where the IRS housing and utility al- about a very small minority of bank- card business. lowance for a family of four is $1,235 a ruptcy lawyers. Still, there are those They have got you once. They want month. Although the family’s mort- who play a role in people going into to get you again, and again, and again. gage and monthly utility expenses ex- bankruptcy who I do not think the How many times do they want to get ceed this amount, it would not matter. bankruptcy laws were ever intended to these people? How many times? Under this bill, they would face a stat- help, or, in any case, harming people We are out here debating this bill in utory presumption that their case is who have a debt owed to them which is the final couple of days. We are not de- abusive. The arbitrary means test—not not paid. bating a patients’ bill of rights. We had the reality of their plight—dictates One of the major problems with the a heck of a time trying to get a debate that Mr. and Mrs. M can afford to file bankruptcy system is the mind-set of on minimum wage for the whole ses- a Chapter 13 debt repayment plan, and some of the lawyers who specialize in sion—trying to make a difference for it is highly unlikely that the family bankruptcy. Many lawyers today view consumers. We haven’t got time to do has any ‘‘special circumstances’’ that bankruptcy simply as an opportunity prescription drugs—no way, too dif- would allow a judge to find differently. to make money for themselves with a ficult, too complex. But we have all the They will be selling their home, pos- minimal amount of effort. And this time in the world to debate this par- sibly all their assets. profit motive causes bankruptcy law- ticular legislation that is looking out This is unduly harsh. It should not yers to promote bankruptcy even when after the credit card companies. pass in its current form. I will work a financially troubled client has the That gives you some idea about what with a number of our colleagues to ad- obvious ability to repay his or her the Republican leadership’s priorities dress many of these serious abuses, debts. As one of the members of the are here in the Senate. without which it should not become National Bankruptcy Commission We will have a chance later on to law. noted in the Commission’s 1997 report, talk about the minimum wage. We I suggest the absence of a quorum. many who make their living off of the

VerDate 29-OCT-99 02:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.013 pfrm01 PsN: S08PT1 S14248 CONGRESSIONAL RECORD — SENATE November 8, 1999 bankruptcy process have forgotten not need to declare bankruptcy. It is ceive the economy to be better, some spend that declaring bankruptcy has a moral not surprising, Mr. President, that beyond their means,’’ he said. dimension. Bankruptcy lawyers bankruptcy lawyers are leading the Mr. GRASSLEY. In this article, shouldn’t counsel someone to walk charge against bankruptcy reform. bankruptcy lawyers are advised to send away from his or her debts without Now, we have heard complaints from out letters to anyone who has visited pointing out the moral consequences of some on the Senate floor about pro- them recently asking about bank- making a promise to pay and then tecting child support and alimony dur- ruptcy. This form letter encourages breaking that promise. As I have said ing bankruptcy proceedings. I want to people to declare bankruptcy because, before, it cannot be good for the moral point out that some bankruptcy law- if Congress passes bankruptcy reform, foundation of our nation if people learn yers actually advertise that they can ‘‘Bankruptcy will be much more dif- that it is okay just to walk away and help deadbeat dads get out of paying ficult, more expensive, and probably not pay your bills because that’s easier their child support and other marital embarrassing.’’ I hope this bill makes and more convenient, and obviously obligations. One bankruptcy lawyer bankruptcy more embarrassing and better for somebody’s pocketbook. has even written a book entitled ‘‘Dis- more difficult. Opinion polls clearly All across America some of the more charging Marital Obligations in Bank- show that the American people want unsavory bankruptcy lawyers have cre- ruptcy.’’ Some things about that book those who voluntarily incur debts to ated high-volume law offices that herd are displayed on this chart. pay those debts as agreed. Bankruptcy people into bankruptcy as if they were I think that it is outrageous that should be difficult, and the moral stig- cattle instead of individual human bankruptcy lawyers are helping dead- ma that used to be associated with beings in need of advice and coun- beats to cheat divorced spouses out of bankruptcy should be resurrected. seling. These offices are known as alimony and to cheat children out of I have reviewed the conduct of bank- bankruptcy mills. These bankruptcy child support. This is a recipe for pro- ruptcy mills and bankruptcy lawyers mills are nothing more than large scale moting poverty and human misery. to illustrate the need for Congress to processing centers for bankruptcy— Those who are concerned about pro- hold bankruptcy lawyers accountable there is little or no investigation done tecting child support should join with for unethical and dishonest conduct. In as to whether an individual actually me in condemning this sort of amoral the bill before us, we have tried to do needs bankruptcy protection or wheth- conduct. Bankruptcy was never de- this by codifying rule 11 penalties for er or not a person is able to at least signed for the purpose of helping dead- lawyers who needlessly steer people partially repay their debts. For exam- beat spouses escape their financial ob- into the bankruptcy system. It’s my ple, one bankruptcy attorney from ligations. Not only are the current hope that these penalties will cause Texas was sanctioned by a bankruptcy practices of bankruptcy lawyers a dis- lawyers to think twice before they court for operating a bankruptcy mill. service to their clients, they also cheat willy-nilly cart off their clients to According to the court, this attorney society as a whole. bankruptcy court without asking a few had very little knowledge of bank- Mr. President, I ask consent to have questions first. I would have preferred tougher penalties, as we had in last ruptcy law, but advertised extensively printed in the CONGRESSIONAL RECORD in the yellow pages and on television. an article from the Los Angeles Times year’s Senate Bill, But I understand Apparently, his advertising worked, be- dated August 12, 1998. that many on the other side of the cause he filed about 100 new bank- There being no objection, the mate- aisle strongly object to tougher pen- ruptcy cases per month. Most of the rial was ordered to be printed in the alties. So, in an effort to work with the other side, this year’s penalties aren’t work was done by legal assistants with RECORD, as follows: very limited training. The court con- as tough as they were last year. 2.5% RISE IN PERSONAL FILINGS PUSHES As I’ve said many times, the bank- cluded that the attorney’s services BANKRUPTCIES TO NEW HIGH Amount to little more than a large scale ruptcy crisis is partly a moral crisis. [From Times Staff and Wire Reports] And bankruptcy lawyers who push petition preparer service for which he re- Total bankruptcies nationwide hit a record ceives an unreasonably high fee. bankruptcy play the role of carnival high in the second quarter, apparently boost- barkers who promise an easy way out The practices of bankruptcy mills are ed by a flurry of personal filings by people so deceptive and sleazy that the Fed- who fear imminent changes in the bank- to anyone who will listen. eral Trade Commission went so far as ruptcy law. As it stands now, this bankruptcy re- to issue a consumer alert warning con- Business bankruptcies continued to de- form bill, S. 625, merely requires attorneys to investigate the financial re- sumers of misleading ads promising cline, but personal bankruptcies, which account for 97% of the filings, edged up 2.5% sources of their clients before putting debt consolidation. from the second quarter a year earlier. That I refer you to this Federal Trade them into bankruptcy. That is not too pushed the total number of bankruptcy fil- much to ask and, it seems to me, some- Commission Consumer News Bulletin, ings to 373,460 in April, May and June, sur- right here on this chart. It refers to a thing basic when advising people ac- passing by nearly 2% the previous high post- cording to the tenets of the legal pro- question, ed in the second quarter of 1997, federal court officials said this week. California’s figures fession. Debt Got You Down? You are not alone. Our bankruptcy system needs to be Consumer debt is at an all-time high. What’s mirrored the nationwide trend. more, record numbers of consumers—more Although a 2% rise is not large, given the reformed in a balanced way. We need to than 1 million in 1996—are filing for bank- steady and previously sharper increases in address abuses by debtors who do not ruptcy. Whether your debt dilemma is the bankruptcies in recent years, analysts were need bankruptcy. We need to address result of an illness, unemployment, or sim- still surprised by the continuing uptick in abuses by creditors who use coercive ply overspending, it can seem overwhelming. personal filings. The economy remains rel- and deceptive practices to cheat honest In your effort to get solvent, be on the alert atively strong and consumer delinquencies in debtors. And we need to address abuses for advertisements that offer seemingly general have come down in recent quarters by bankruptcy lawyers who exploit quick fixes. While the ads pitch the promise while some lenders have tightened their bankruptcy laws for financial gain. credit standards. of debt relief, they rarely say relief may be As I said before, I prefer tougher pen- spelled b-a-n-k-r-u-p-t-c-y. And, although But bankruptcy attorneys and other ex- bankruptcy is one option to deal with finan- perts said some consumers were being alties against bankruptcy lawyers, but cial problems, it’s generally considered the prompted by pending bankruptcy reform leg- this bill is a step in the direction of adoption of last resort. The reason: Its long- islation, which could take effect as early as dressing the problems of fast-talking term negative impact on your creditworthi- the fall and is expected to make it tougher bankruptcy lawyers. ness. A bankruptcy stays on your credit re- for consumers to extinguish their debts. Does the Senator from Minnesota port for 10 years, and can hinder your ability Indeed, attorneys are advising their clients seek the floor? to get credit, a job, insurance, or even a that they may want to take advantage of the Mr. WELLSTONE. Mr. President, I place to live. current law while it is still available. know we are going to start on the min- I think that there is a widespread ‘‘I’m telling clients that it might very well end up being harder to file for bankruptcy,’’ imum wage amendment. May I have 1 recognition that bankruptcy lawyers said Joseph Weber, a bankruptcy lawyer in minute to call up two amendments and are preying on unsophisticated con- Costa Mesa. Weber added that he also thinks then lay them aside? sumers who need counseling and help a ‘‘false optimism’’ is adding to the number Mr. GRASSLEY. Yes. I yield the with setting up a budget, but who do of bankruptcy petitions. ‘‘When they per- floor.

VerDate 29-OCT-99 02:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.014 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14249 AMENDMENTS NOS. 2537 AND 2538 ‘‘(1) IN GENERAL.—It shall be unlawful for of bankruptcy and the repercussions of Mr. WELLSTONE. Mr. President, I any person (including a debt collector or a a low minimum wage. They are six call up amendments Nos. 2537 and 2538. creditor) who, for a fee, defers deposit of a times more likely than other Ameri- The PRESIDING OFFICER. Is there personal check or who makes a loan in ex- cans to seek bankruptcy protection, objection to the request? change for a personal check or electronic access to a personal deposit account, to— and they will be disproportionately Without objection, it is so ordered. harmed by this bankruptcy bill. But The clerk will report. ‘‘(A) threaten to use or use the criminal justice process to collect on the personal they also comprise one-third of those The legislative clerk read as follows: check or on the loan; who will benefit from an increase in The Senator from Minnesota [Mr. ‘‘(B) threaten to use or use any process to the minimum wage. This amendment WELLSTONE] proposes amendments numbered seek a civil penalty if the personal check is will help more African American and 2537 and 2538. returned for insufficient funds; or Hispanic families meet their families’ The amendments are as follows: ‘‘(C) threaten to use or use any civil proc- needs. AMENDMENT NO. 2537 ess to collect on the personal check or the Low income families struggling to (Purpose: To disallow claims of certain loan that is not generally available to credi- meet their obligations often find them- tors to collect on loans in default. insured depository institutions) selves facing bankruptcy. Some argue ‘‘(2) CIVIL LIABILITY.—Any person who vio- At the appropriate place, insert the fol- lates this section shall be liable to the same that the rise in bankruptcy filings is lowing: extent and in the same manner as a debt col- due to a lack of responsibility. But too ll SEC. . DISALLOWANCE OF CLAIMS OF CER- lector is liable under section 813 for failure often the problem is a matter of basic TAIN INSURED DEPOSITORY INSTI- TUTIONS. to comply with a provision of this title.’’. household economics. Families going Section 502(b) of title 11, United States (2) CONFORMING AMENDMENT.—Section into bankruptcy have less income than Code, is amended— 803(6) of the Fair Debt Collection Practices most Americans. A raise in the min- (1) in paragraph (8), by striking ‘‘or’’ at the Act (15 U.S.C. 1692a(6)) is amended by strik- imum wage will give them the eco- end; ing ‘‘808(6)’’ and inserting ‘‘808(a)(6)’’. nomic boost they need to avoid bank- (2) in paragraph (9), by striking the period The PRESIDING OFFICER. The ruptcy. at the end and inserting ‘‘; or’’; and amendments are set aside. The Senator Our proposal will give these low in- (3) by adding at the end the following: from Massachusetts. come wage earners the pay raise they ‘‘(10) such claim is the claim of an insured Mr. KENNEDY. Mr. President, rais- need and deserve to care more effec- depository institution (as defined in section ing the minimum wage is critical to 3 of the Federal Deposit Insurance Act) that, tively for their families—to buy the preventing the economic free fall that food and clothing, and health care they as determined by the appropriate Federal often leads to bankruptcy. Many of us banking agency (as defined in section 3 of need, without going into debt. the Federal Deposit Insurance Act)— have sponsored the Fair Minimum Recently, members of Congress voted ‘‘(A) has total aggregate assets of more Wage Act of 1999 to begin to right that to raise their own pay by $4,600—but than $200,000,000; wrong. not the pay of minimum wage workers. ‘‘(B) offers retail depository services to the Amending the bankruptcy bill to in- Republican Senators don’t blink about public; and crease the minimum wage will help giving themselves an increase. How can ‘‘(C) does not offer both checking and sav- many of the people this so-called bank- they possibly deny a fair increase for ings accounts that have— ruptcy ‘‘reform’’ is likely to hurt—low minimum wage workers? ‘‘(i) low fees or no fees; and income families, minorities and In fact, the Republican leadership ‘‘(ii) low or no minimum balance require- women. For many low income workers, ments.’’. has gone to extraordinary lengths to the struggle to make ends meet is too block action by Congress on a pay raise AMENDMENT NO. 2538 difficult, and they find themselves fac- for the hard-working Americans who (Purpose: To make an amendment with re- ing bankruptcy. Raising the minimum work at the minimum wage. spect to the disallowance of certain claims wage will help many of these hard- But it is time—long past time—to and to prohibit certain coercive debt col- working individuals and families re- raise the minimum wage. Too many lection practices) cover from the financial crises that hard-working Americans struggling to At the appropriate place, insert the fol- drove them into bankruptcy. keep their families afloat and their lowing: For nearly two-thirds of the families dignity intact can’t make enough in a SEC. ll. DISALLOWANCE OF CERTAIN CLAIMS; that file for bankruptcy, a job crisis led 40 hour week to lift their families out PROHIBITION OF COERCIVE DEBT to their downfall. Many of those fami- of poverty—and that’s wrong. The per- COLLECTION PRACTICES. lies faced a job loss. A Bureau of Labor (a) IN GENERAL.—Section 502(b) of title 11, centage of poor who are full-time year- United States Code, is amended— Statistics study reported that only round workers was 12.6% in 1998—high- (1) in paragraph (8), by striking ‘‘or’’ at the about a quarter of displaced workers er than any time in the last 20 years, end; had found a new job at the same or bet- according to a new report from the (2) in paragraph (9), by striking the period ter pay as the job they lost. A third of Census Bureau. at the end and inserting ‘‘; or’’; and displaced workers were still looking for Our minimum wage amendment is a (3) by adding at the end the following: work. Nearly half of the displaced modest proposal— a one dollar increase ‘‘(10) such claim arises from a workers had to settle for work at much in two installments—50 cents next Jan- transaction— lower salaries—an average 20% pay cut uary, and 50 cents the following year. ‘‘(A) that is— for those lucky enough to find full time ‘‘(i) a consumer credit transaction; Over 11 million American workers will ‘‘(ii) a transaction, for a fee— jobs, and a much steeper cut for those benefit. ‘‘(I) in which the deposit of a personal who took part-time work. At $6.15 an hour, working full-time, a check is deferred; or Large numbers of women who will minimum wage worker would earn ‘‘(II) that consists of a credit and a right to suffer under this bill will benefit from $12,800 a year under this amendment— a future debit to a personal deposit account; a minimum wage increase. Divorced an increase of over $2,000 a year. or women are four times more likely to That additional $2,000 will pay for ‘‘(iii) a transaction secured by a motor ve- file for bankruptcy than married seven months of groceries to feed the hicle or the title to a motor vehicle; and women or single men. Often, they are average family. It will pay the rent for ‘‘(B) in which the annual percentage rate forced into bankruptcy because they five months. It will pay for almost ten (as determined in accordance with section 107 of the Truth in Lending Act) exceeds 100 are owed child support or alimony. Di- months of utilities. It will cover a year percent.’’. vorced women trying to raise children and a half of tuition and fees at a two- (b) UNFAIR DEBT COLLECTION PRACTICES.— face a daunting challenge to provide year college, and provide greater op- (1) IN GENERAL.—Section 808 of the Fair for their families. This bill will make portunities for those struggling at the Debt Collection Practices Act (15 U.S.C. it harder to meet that challenge. But minimum wage to obtain the skills 1692f) is amended— raising the minimum wage will help al- needed to obtain better jobs. (A) in the first sentence, by striking ‘‘A most seven million women, many of The national economy is the strong- debt collector’’ and inserting the following: est in a generation, with the lowest un- ‘‘(a) IN GENERAL.—A debt collector’’; and them struggling to maintain their fam- (B) by adding at the end the following: ilies. employment rate in three decades. ‘‘(b) COERCIVE DEBT COLLECTION PRAC- African American and Hispanic fami- Under the leadership of President Clin- TICES.— lies disproportionately face the threat ton, our economy is strong. Enterprise

VerDate 29-OCT-99 02:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.043 pfrm01 PsN: S08PT1 S14250 CONGRESSIONAL RECORD — SENATE November 8, 1999 and entrepreneurship are flourishing— its own pay, it is hypocritical and irre- Raising the minimum wage is a chil- generating unprecedented economic sponsible to deny fair pay for the coun- dren’s issue. Over two million married growth, with impressive efficiencies try’s lowest paid workers. couples and almost a million mothers and significant job creation. The stock As the Washington Post said last would receive a pay raise as a result of market has soared. Inflation is low, week: ‘‘The minimum wage should be our increase. Eighty-five percent of and interest rates are low. We are wit- increased, and the increase should not these single mothers have total house- nessing the strongest peace-time become a political football. . . . The hold incomes below $25,000 a year. growth in our history. price of a bill to help the working poor Raising the minimum wage is a civil The country as a whole is enjoying ought not be an indiscriminate tax cut rights issue. Over two million Hispanic an unprecedented period of growth and for those at the very top of the eco- workers and almost as many African prosperity. But for millions of Ameri- nomic mountain.’’ American workers will receive a raise. cans it is someone else’s prosperity. Our legislation does contain a fis- Together, they make up one-third of Working 40 hours a week, 52 weeks a cally responsible package of small those who will benefit from the in- year, a person earning the minimum business tax provisions which would crease. wage would earn only $10,700—almost cost approximately $11.5 billion over Raising the minimum wage is a fam- $3,200 below the poverty guidelines for the next five years. Those provisions ily issue. The average minimum wage a family of three. have been designed to provide financial worker brings home half the family Each day we fail to raise the min- assistance to the small businesses earnings. Half the benefits of our one imum wage, families across the coun- which will be paying the higher min- dollar increase will go to households try continue to fall farther behind. One imum wage to their employees. The earning less than $25,000 a year. Par- fact says it all—the minimum wage cost of these tax benefits is fully paid ents need this raise so they can provide would have to be $7.49 an hour today, for. their children with food, clothes, and a instead of the current level of $5.15, to Unlike the Republican proposals, this decent place to live. bill will not draw down the surplus. It have the same purchasing power it had Some of our colleagues who oppose will not jeopardize our ability to use in 1968. That disparity shows how far the minimum wage still believe the the surplus to strengthen Medicare and we have fallen short in the past genera- dire ‘‘sky is falling’’ predictions of eco- Social Security for the future. Our tax tion in guaranteeing that low income nomic disaster that were raised before proposal contains provisions which will workers receive their fair share of the we voted to raise the minimum wage in benefit both employers and employees. nation’s prosperity. 1996. None of those predictions came The Republican proposal to raise the It provides a tax credit for worksite true. Since the last increase enacted by child care facilities, a tax credit to en- minimum wage by one dollar over Congress, the economy has created new courage small businesses to offer em- three years beginning on March 1, 2000, jobs at a rate of over 235,000 a month. ployee pensions, and a tax credit for is a cruel hoax on the lowest paid Job creation in the sectors most af- companies that provide high tech American workers. Our Democratic fected by the minimum wage is up training to their employees. It also en- plan to increase the minimum wage by too—with almost 1.2 million new jobs courages the creation of new jobs for 50 cents on January 1, 2000 and another in the retail sector, and 400,000 new those who are currently outside the 50 cents on January 1, 2001, would put jobs in restaurants. Employment is workforce by extending the work op- almost $1,200 more than the Republican up—and the unemployment rate is portunity tax credit and the welfare- proposal into the hands of the hard- down—among teenagers, African Amer- to-work tax credit, and by establishing working women and men who work at icans, Hispanics, and women. tax incentives for ‘‘new market’’ com- As Business Week magazine has stat- the minimum wage. The Republican proposal is an insult munity development. ed, In addition, our package accelerates to low wage workers. In addition to [H]igher minimum wages are supposed to the deductibility of health insurance robbing workers of over $1,200, it effec- lead to fewer jobs. Not today. In a fast- premiums for self-employed workers. It growth, low-inflation economy, minimum tively repeals the overtime pay law excludes educational benefits provided wages raise income, not unemployment. . . . that has guaranteed time-and-a-half for employees’ children from taxation, A higher minimum wage can be an engine for overtime pay for over 60 years. The so- and it helps workers save for their re- upward mobility. When employees become called ‘‘bonus’’ provision of the Repub- tirement. more valuable, employers tend to boost lican proposal jeopardizes the overtime These are the types of tax provisions training and install equipment to make pay of 73 million Americans by elimi- them more productive. Higher wages at the that Congress should be enacting. They bottom often lead to better education for nating the requirement that bonuses, are tax cuts which will benefit a broad commissions, and other similar forms both workers and their children. . . . It is it spectrum of businesses and workers time to set aside old assumptions about the of compensation be included in a work- and strengthen the economy. They are minimum wage. er’s regular pay for purposes of calcu- not tax breaks which only further en- It is time to raise the federal min- lating overtime pay. As the United rich an already privileged few. imum wage. No one who works for a States Supreme Court said in inter- This debate should be about the real living should have to live in poverty. I preting the Fair Labor Standards Act, financial needs of low income workers urge my colleagues to join me in rais- exclusion of bonuses from overtime pay and small businesses. A modest in- ing the minimum wage. will ‘‘nullify all the purposes for which crease in the minimum wage should AMENDMENT NO. 2751 the [Act] was created.’’ not be held hostage to the desire for ex- The Republican proposal is just one (Purpose: To amend the Fair Labor Stand- travagant new tax breaks for those ards Act of 1938 to increase the Federal more part of an ongoing assault on low who are already the most economically minimum wage) wage workers that includes balancing privileged. It makes sense to provide Mr. KENNEDY. Mr. President, I call the budget on the backs of the working fiscally responsible tax assistance to up amendment No. 2751. poor; cutting workers’ pay through the small businesses and their employees. The PRESIDING OFFICER. The compensatory time bill; providing pen- All the tax cuts we are proposing are clerk will report. sions for the wealthy but not for work- fully paid for and carefully targeted to The legislative clerk read as follows: ing families; blocking workers’ right to meet genuine needs. It is appropriate The Senator from Massachusetts [Mr. KEN- organize; and undermining worker safe- to enact them as part of our legislation NEDY] proposes an amendment numbered ty and health. to raise the minimum wage. 2751. Shame on those who want to lavish Finally, raising the minimum wage is (The text of the amendment is print- over $75 billion in tax breaks on busi- far more than a labor issue. Raising ed in today’s RECORD under ‘‘Amend- ness, while cutting this modest pay the minimum wage is a women’s issue. ments Submitted.’’) raise for low income workers. Repub- Almost 60 percent of minimum wage Mr. KENNEDY. I yield whatever time licans are more interested in providing workers are women. 7 million women the leader desires. I understand we tax breaks for the rich than in fairly across the nation—12.6% of all working have a time agreement; am I correct? compensating minimum wage workers. women—would benefit from this in- The PRESIDING OFFICER. There When Congress has just voted to raise crease. are going to be 2 hours evenly divided.

VerDate 29-OCT-99 02:08 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.090 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14251 Mr. KENNEDY. May I inquire again, than that. We are in the longest, We offer a tax cut package that will what is the time agreement? I under- strongest period of economic recovery cost $28.5 billion over 10 years. But the stand there are going to be two amend- in our Nation’s history. The stock mar- tax breaks the Republican plan entails ments—one offered by Senator ket and worker productivity are both would cost $75 billion—over twice as DASCHLE and one offered by Senator at record highs. much. It is not just the cost that wor- NICKLES or Senator LOTT. We were It has been 3 years since the last ries me, it is the fact that the Repub- going to debate both of those this time we increased the minimum wage, lican tax cuts are not paid for. afternoon and vote on them tomorrow. and if we do not pass another increase We have heard all of this railing Can the Chair tell me how much time now, by the end of this month the pur- about Social Security trust funds. But we are allocated this afternoon to de- chasing power of the minimum wage the Republicans do not seem to be too bate the two amendments? will have fallen to the lowest point it concerned about Social Security when The PRESIDING OFFICER. There has been in 40 years. The real value of it comes to this tax cut. While they will be 2 hours of time evenly divided the minimum wage is now at almost pay for the first year, there is abso- on each of those two amendments. $2.50 below what it was in 1968—$2.50 an lutely no money for the tax cuts the Mr. KENNEDY. For this afternoon. hour. second through the 10th years. What The PRESIDING OFFICER. Yes, for We are proposing we raise the min- that means is that it is going to have this afternoon. imum wage, not by the $2.50 required to come out of education, other prior- Mr. KENNEDY. I yield whatever time to get back to the parity level of 1968, ities, or even Social Security. the leader wants. but $1 an hour over 2 years. That is as The third difference between our tax The PRESIDING OFFICER (Ms. COL- modest a proposal as anyone can pro- cuts and the Republicans’ is this: Our LINS). The minority leader. pose. Under it, the minimum-wage tax cuts target small businesses and Mr. DASCHLE. Madam President, I worker who now works full time would family farms. The Republican tax appreciate the clarification. That was earn only $12,792 a year, but it would be breaks overwhelmingly benefit those in the understanding. So there is no con- $2,000 more than he or she now earns. the top end of the income strata. fusion, we now have 4 hours of debate After doing all they could for as long A minimum wage increase ought to on the two amendments. as they could to block any increase in be able to pass, as I said a moment ago, I appreciate the opportunity to come the minimum wage, now our Repub- on its own merits. If we are going to in- to the floor at this point to talk about lican colleagues have their own pro- clude tax cuts, they ought to reduce the amendment offered on behalf of our posal. They will raise the minimum the impact, as marginal as it is, of a colleagues, but really on behalf of the wage, but they are saying to working minimum wage increase on the busi- 11 million Americans who will benefit families: ‘‘We are not going to let you nesses that will be most affected by it. from this minimum wage once it is have it in 2 years. We know now you The Republican proposal fails this passed into law. will only be making $12,792, but we basic test of fairness, relevance, and I thank especially Senator KENNEDY want you to wait 3 years for your raise. fiscal responsibility. for his extraordinary leadership and But we are for family values, we are for How would the Democratic tax cuts persistence in making sure this issue helping people get ahead.’’ help small businesses and family They want to believe there is not a was addressed prior to the end of the farms? dime’s worth of difference between first session of this Congress. Were it First, we lower the cost to small their plan and our plan. That is not so. not for his dedication and extraor- businesses of making investments by There are at least three major dif- dinary efforts, we would not be here raising to $25,000 the amount of an in- this afternoon. ferences. First, this 3-year delay is going to vestment a business can write off im- I also thank Senators ROBB and BAU- cost a typical working family $1,200 mediately. If you make a $25,000 invest- CUS for the leadership they have pro- over 3 years. That is what that delay ment, you can write it off in the first vided, and I thank many of our col- costs. I know around here that does not year and you do not have to wait. That leagues for their strong support for sound like a lot of money, but to a is one way to help small businesses. this legislation. family trying to scrape by on minimum They tell me time and again we have We fought all year long to bring this wage, it is 10 percent of a year’s in- to encourage them to reinvest and to amendment to the floor because low- come; $1,200 a year is 3 months’ worth put more money back into their busi- income working families need and de- of rent. It is 4 months’ worth of gro- nesses. There is no better way to do serve a raise. The average American ceries; it is 6 months’ worth of utili- that than to say: make an investment family now works an additional 265 ties; and it is 1 year in tuition and fees and you can expense it immediately. hours a year just to maintain the same at a 2-year college. We do that. standard of living they had at the be- So there is a big difference. Do not Second, we provide a tax cut of up to ginning of this decade. That is an addi- let anybody say that simply waiting $4,000 to cover startup costs of adopt- tional 6 weeks a year. We believe it is another year for that full dollar benefit ing a pension plan so more small busi- time parents could be spending attend- is a minor matter. We are talking rent; nesses can offer their workers pensions. ing parent-teacher conferences or play- we are talking utilities; we are talking This not only helps businesses, it helps ing with their children or maybe just groceries. It is whether or not in some the workers, and it helps businesses at- reading Harry Potter with them. It is cases families are going to have two or tract good workers and increases work- time husbands and wives could be talk- three meals a week together or wheth- ers’ retirement security. It is a win- ing with each other. It is not enough er that one meal on Sunday will have win. just to talk about family values, we to do. In this day and age, what business need to show by our actions that we The second difference between our people tell me all through South Da- value families. We need to raise the proposal and the Republican proposal kota, as they are attempting to com- minimum wage, and we need to do it has to do with the tax cuts. We offer pete for a very limited workforce, is this year—now. tax cuts. I really do not think there is that there has to be an incentive to be I recently met a young father in any connection, frankly, between the able to recruit and then ultimately to South Dakota who told me that he and minimum wage and the need for tax retain good people. There is nothing his wife eat only one meal a week to- cuts. Each ought to be considered in more important in retaining good peo- gether, and that is on Sundays after their own right. ple than ensuring that in the long term church. The rest of the week, his work I am troubled a little bit about this they are not only going to have a good schedule keeps him away from his fam- tendency to want to marry tax cuts income but they are going to have a ily because he has more than one job. into something that is important to do good retirement. This package does it. He is one of many workers in this Na- in its own right. But I do understand Third, we accelerate the full deduct- tion who are working three jobs, two of the importance of providing meaning- ibility of health insurance for the self- them at minimum wage, just to make ful tax relief targeted to small busi- employed. We have already provided ends meet. We can do better than that. nesses. I am for that. And our caucus, full deductibility, and now we move it In this economy, we must do better and I hope the Senate, is for that. up. We more rapidly incorporate full

VerDate 29-OCT-99 02:08 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.044 pfrm01 PsN: S08PT1 S14252 CONGRESSIONAL RECORD — SENATE November 8, 1999 deductibility, so that every small busi- nearly 9 million new jobs. In my State, $1 an hour over 2 years, with respon- ness can benefit in providing health in- 17,000 new jobs have been created. The sible targeted tax cuts to help small surance in those cases when they are national unemployment rate has fallen business owners and family farmers, self-employed. from 5.2 percent to just over 4 per- not an unpaid-for tax windfall for all Fourth, our proposal raises the spe- cent—the lowest jobless rate in 30 those who need it the least. cial estate tax exemption for family- years. Even the Wall Street Journal Madam President, I suggest the ab- owned small businesses and farms by and Business Week now say the 1996 sence of a quorum. $450,000. predictions about job losses were The PRESIDING OFFICER. The Fifth, we make it easier for farm co- wrong. clerk will call the roll. operatives to raise capital. Another argument we will surely The bill clerk proceeded to call the Finally, and very importantly, we hear from our friends in the other roll. provide tax relief to farmers who are party is that increasing the minimum Mr. DASCHLE. Madam President, I experiencing losses during the current wage has nothing to do with increasing ask unanimous consent that the order crisis. family incomes. They will argue that for the quorum call be rescinded. That is how our tax cuts help small most minimum-wage workers are teen- The PRESIDING OFFICER. Without businesses and family farms. agers who are working part time to pay objection, it is so ordered. But our proposal also contains tax for cars and CD players. Mr. DASCHLE. Madam President, I cuts to help low-income workers. We Again, the facts show otherwise. Ac- ask unanimous consent that the time I extend the successful work opportunity cording to the Bureau of Labor Statis- have just consumed be taken from my and the welfare-to-work tax credits for tics, 70 percent of all minimum-wage leader time for today. 5 years. We increase tax incentives for workers are 20 years old or older; near- The PRESIDING OFFICER. Without entrepreneurs to invest in empower- ly 60 percent are women; and 40 percent objection, it is so ordered. ment zones. First-round empowerment are sole breadwinners in their families. Mr. DASCHLE. I yield the floor. zones have shown that wage tax credits Our economy is the strongest it has Mr. KENNEDY addressed the Chair. are a valuable economic development been in my lifetime. But behind the The PRESIDING OFFICER. The Sen- tool. prosperity, there are still far too many ator from Massachusetts. Currently, there are no wage tax families who are working too hard, too Mr. KENNEDY. Madam President, I credits available for round 2 zones. By long, for too little pay. yield myself 15 minutes. making these tax credits available, by In South Dakota, while many fami- The PRESIDING OFFICER. The Sen- building on what we know works, we lies are moving ahead, too many others ator is recognized. can bring new jobs and opportunities to are being left behind, creating, in ef- Mr. KENNEDY. Madam President, it places such as the Pine Ridge Reserva- fect, two South Dakotas. On the sur- has taken us a long time during this tion empowerment zone in South Da- face, South Dakota is fortunate. Our Congress to have the opportunity to kota and other communities that des- unemployment rate is 2.6 percent, one present a legislative proposal to the perately need opportunities like it. of the lowest in the Nation. But in Senate that would provide an increase We also include in our plan the Presi- some of our counties, unemployment is in the minimum wage for America’s dent’s new markets tax credit to help as high as 7 percent. South Dakota is workers who are working on the lower people in communities that have so far also the home to the poorest commu- rung of the economic ladder: 50 cents not shared in the country’s record eco- nity in America, the Pine Ridge Indian next year and 50 cents the following nomic prosperity. The new markets tax Reservation. year. credit will encourage private capital to There are good people—hard-working We have tried to bring this before the flow into equity investments in busi- people—all across this country, who Senate over the year in a number of nesses in these areas. Bipartisan sup- are struggling to make ends meet on different forms and shapes. We were port for this proposal is growing, and it minimum-wage jobs. They need a raise. unable to do so. Now we have the op- is extremely fitting to include it in a And they are not alone. That is why re- portunity to debate it this afternoon proposal to raise the minimum wage. ligious leaders around the country and to vote on it tomorrow. Hopefully, Our tax cut is smart; it is strategic; today are urging us to raise the min- we will have success in passing it. and I emphasize, it is paid for. I espe- imum wage. It is very clear that its outcome is cially commend Senators ROBB and It is critical that we not miss this op- uncertain because of the fact that, BAUCUS for their efforts in helping to portunity. A job isn’t just a source of rather than having a chance to vote on develop it. As members of the Senate income; it ought to be a source of a freestanding piece of legislation that Finance Committee, they have done an pride. The U.S. Catholic Conference would be considered freely and then outstanding job of ensuring that as we tells us the minimum wage should re- considered by the House, passed on to look at the array of tax tools that flect principles of human dignity and the Senate, this will be wrapped into would be helpful to workers and small economic justice. Unfortunately, to- other extremely controversial legisla- businesses, we put the tightest, most day’s minimum wage does not do that. tion. But we are doing the best that we targeted, most focused package to- I want to read something that I think can. We want to give assurances to gether. And they have done it in this probably puts it in perspective quite those Americans who are working at amendment. well. This is a quote that is not one of the minimum wage that we are going The third difference between our mine, and not one of Senator KEN- to continue this battle, as we have over minimum wage plan and the one our NEDY’s. It is a quote made by former these past years. We are going to con- colleagues are offering is simply this: majority leader Bob Dole the last time tinue the battle next year at each and The President will sign our plan. The the Congress voted to raise the min- every opportunity, until we have the Republican proposal is absolutely dead imum wage in 1996. Bob Dole said at chance to pass meaningful minimum on arrival. the time: ‘‘I never thought the Repub- wage legislation. So there should be no Now, we know we will hear dire lican Party would stand for squeezing doubt in anyone’s mind that this some- warnings from some of our colleagues every nickel out of the minimum how is going to conclude the debate. on the other side. They will say raising wage.’’ American workers are entitled to an the minimum wage will actually hurt He was right then. If he were on the increase in the minimum wage. We are low-income workers because employers floor today, he would be right now. If prepared to make their cases. I am ab- will be forced to cut minimum-wage we don’t pass a minimum wage in- solutely convinced we will be success- jobs. crease by the end of next month, more ful. We now know that is nonsense. We inflation will have wiped out the entire It is unfortunate we have to try and have study after study that proves rais- increase he was referring to in 1996. We convince our colleagues on the other ing the minimum wage does not kill cannot allow that to happen. It is time side on the basis of the merits of this jobs at all. In fact, since the last time we stopped squeezing every last nickel case, but I think it is important that we raised the minimum wage—in 1996— out of the minimum wage. It is time to we, in a preliminary way, address some American employers have created raise the minimum wage the right way, of the reasons that have been raised

VerDate 29-OCT-99 03:27 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.047 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14253 historically against the minimum new jobs being created and strong eco- their children, is the increasing shift wage. nomic growth. work. Shift work is growing fastest in First of all, let’s look at where we All of those on the other side of the the service sector, which is heavily re- are on the issue of the minimum wage. aisle who made the predictions that we liant on women workers. According to This chart reflects where the minimum are going to lose 300,000 to 400,000 jobs the study by Harriet Presser at the wage has been since 1967–1968. These if we pass an increase in the minimum University of Maryland, 70 percent of are real dollars. We see that if the min- wage were wrong. To the contrary, we the fastest growing occupations in the imum wage today was going to have have seen an expansion of job opportu- United States have a disproportionate the purchasing power it had in 1968, it nities. Since the last increase was en- number of female employees and re- would be $7.49, not $5.15 an hour. It acted by Congress, the economy has quire more than 40 percent of their would be about $2.30 higher than where created new jobs at a rate of 235,000 a workers to put in nonstandard hours. it is today. What we have seen is a month. That addresses, I hope, the eco- Here we are finding out about who is gradual decline of the purchasing nomic reasons for not having an in- being targeted. It is women. And for power of the minimum wage. This is so crease in the minimum wage. what? Nonstandard hours and over- despite the fact that we now have the Let’s take a moment and think about time. At a crucial point in their lives greatest economic prosperity in the who these people are—who are the min- when they are trying to bring up chil- history of the country—more Ameri- imum-wage workers? This has to be dren and be there for them, we find out cans employed, the greatest stock mar- enormously distressing to all Ameri- they are working harder, working ket, lowest interest rates, lowest rates cans because there is no group of longer, and they are making less. Two- of inflation, lowest unemployment, Americans that is working harder and thirds of the workers would like to highest rate of employment in the his- slipping further behind than women in work fewer hours—almost 20 percent tory of the country. Nonetheless, for our society. Almost 60 percent of min- more than 5 years ago. But most of those individuals who are at the lower imum wage workers are women. 7 mil- those workers believe they can’t cut end of the economic ladder, they are lion women across the nation—12.6 per- back on hours because they need the slipping further and further and fur- cent of all working women—would ben- money—46 percent. These 20 percent of ther behind. efit from this increase. workers, might be able to work fewer If our amendment does not pass, the And working fathers are being af- hours if the minimum wage were in- purchasing power of the minimum fected too. We know now that em- creased. wage will continue to decline—to the ployed fathers with children under 18 Another recent study, ‘‘Working lowest minimum wage almost in the work longer hours, averaging 50 hours Hard, But Staying Poor,’’ notes that history of the country. Every day that a week. That is well over the average working poor are predominantly hour- we delay, minimum-wage workers fall work time for those tens of millions of ly employees, and 71 percent have little further behind. If we don’t raise the Americans who go to work at 40 hours paid vacation; 48 percent have no paid minimum wage by the end of this year, a week, and they get overtime. The av- vacation at all—none, none. And 18 per- it will lose all of the value of the last erage for fathers with children under 18 cent have a week or less. Madam Presi- increase in 1996. This is where we are. is 50 hours a week. Fathers’ total work dent, 70 percent of those making the Now, what are we talking about in time has increased by 3 hours in the minimum wage have virtually no vaca- scope in terms of the minimum wage? past 20 years, and mothers’ total work tion, or less than a week of paid vaca- How large an increase are we talking time has increased by 5 hours. tion. about? And what will be its impact in Almost one-half, 45 percent of the We can’t give them an increase of 50 terms of our total economy? Increasing workers, report having to work over- cents an hour? No. Even though we the minimum wage by a dollar is vital time with little or no notice. One in have just voted ourselves $4,600 a year, to workers, but it is a drop in the buck- five is asked to work overtime 4 or we are not going to vote for them 50 et of the national payroll. more days a week, with little or no no- cents more an hour next year. No. This If you combine their wages and sala- tice. What does that mean to the fami- is what is happening to these families. ries, all Americans earn $4.2 trillion a lies? Here they are working at min- This is what is happening to these fa- year. An increase of $1 in the minimum imum wage, they may have one job, thers and mothers. This is what is hap- wage would amount to one-fifth of 1 but they probably two jobs, trying to pening to these children. And we say, percent in terms of total wages over make ends meet, already working 50 oh, we can afford $4,600 a year for Mem- the country. We should not even hear hours a week. Then they are told, with- bers of Congress and the Senate, but we the argument—and I hope we won’t— out warning, they have to work over- can’t do something about mothers and that this effort to raise the minimum time, which may disrupt their other fathers who are increasingly taken wage is somehow going to be infla- employment. With the number of hours away from their children in order to tionary. We are talking about one-fifth at each job, especially with the addi- make ends meet. of 1 percent of total wages for those tion of overtime, we are seeing increas- That is what this issue is about when who are working 40 hours a week 52 ing numbers of mothers and fathers you come right down to it. We say: weeks a year. In a moment, I will come forced to spend more and more time Wait a minute here. Where is produc- to that. More of them are working 50 away from their children. tivity in all of this? In the last 10 years hours a week, trying to play by the According to a 1999 Council of Eco- we have seen a 12-percent increase in rules, trying to bring up a family and nomic Advisors study, families are suf- productivity for workers in the United they are still coming up short. fering. The study says that parents States, but only a 1.9 percent pay in- This is what is happening. We are have, on average, experienced a decrease to match. That includes the finding out that those who are on the crease of 22 hours per week available to highest increases by workers in the bottom rung of the economic ladder are spend time with their children. That is country, not the minimum wage. That working hard but still in poverty. The what this minimum wage is all about— is what has happened, a 1.9-percent in- annual minimum wage is not even parents having less time to spend with crease. We have seen a 29-percent in- keeping up with the poverty line. We their children. I hope we are not going crease in productivity since 1973, and are finding more and more workers to hear a lot of speeches out here about the minimum wage hasn’t even kept up who are affected by this. the importance of family values by with it. What is going on here? No un- Then, finally, on this phase of the de- those who vote against this increase. employment, no inflation, productivity bate, I want to point out the employ- Twenty-two hours per week less—that going up through the roof, and we give ment figures. We find that we have is what is available for parents to ourselves $4,600, and Republicans op- seen, since the increase in the min- spend time with their children. A de- pose 50 cents more an hour increase in imum wage that we passed in 1996 and crease has happened and if we really the minimum wage. 1997, there has still been an increase in care about families we need to change And are Americans really working? job growth. This chart shows the in- that. There are no workers in the world— crease in 1996, up to $4.75, and then to Another factor, in addition to par- none in the world—who are working $5.15. Even with these increases we see ents having less time to spend with longer and harder than American

VerDate 29-OCT-99 03:27 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.053 pfrm01 PsN: S08PT1 S14254 CONGRESSIONAL RECORD — SENATE November 8, 1999 workers today. Japan works 54 hours those at the lowest end of the economic support an amendment introduced by less a year; the Canadians, 215; the ladder. That is the Republican leader- Senator KENNEDY, that I would be British, 221; the French, 314; the Ger- ship position. lucky enough to have Dale Bumpers’ mans, 389. Every other industrial na- Now, the American people must won- desk and be able to sit next to Senator tion in the world is working less. der what in the world is going on when KENNEDY and come out here and fight The Americans, at the lowest end, the Senate and House are trying to get for what I think is just elementary eco- are working longer and harder trying together with the President on this nomic justice. I am very proud to rise to make ends meet, with no kinds of budget, and we are talking about to speak in behalf of this amendment. health insurance programs, no paid va- spending Social Security, and we have On behalf of 176,000 Minnesotans who cations, and they are being jammed before us in the Senate a tax break for would be helped by this, much less the with increases in overtime without no- $75 billion over the next 10 years. workers and their children—there tification, and they are trying to pro- Where are we getting all that money? I would be many more citizens—I thank vide for their children. What happens? hope they have given up this argument him. On behalf of another 11 million- I will tell you what happens. Today, that, ‘‘Well, look out for the Demo- plus workers in the country who would we have the new census figures that crats because they are going to spend benefit from this $1 raise over 2 years, are just out, and they are very inter- Social Security.’’ There is $75 billion in I thank him. esting. The latest census figures show the Republican program that is unpaid I say to all of my colleagues—Demo- that the percentage of working poor— for. crats but especially Republicans on the 12.6 percent—is at its highest point in As I mentioned, I think the compel- other side of the aisle—wherever I have 20 years. That’s right, at a time when ling reason is the fact that these are traveled in our country—I start with our country is so strong economically men and women who are hard-working. my State of Minnesota—no matter we have the highest number of working They are child care and health care where it is in Minnesota, in the city, or poor in 20 years—the highest number of workers who we entrust with the care in rural areas, or in the suburbs, or working poor. You can look at those of our loved ones every day. They clean whether it is the Deep South, whether figures and say, well, the median in- out the buildings of American industry it is L.A., East L.A. or Watts, or come for lower income families has and factories every single night. whether it is, inner-city Baltimore, or gone up. OK. I am talking about those This is a women’s issue because the whether it is rural Minnesota—the one individuals who are getting the min- great majority of the minimum-wage thing that people come up and say over imum wage. More of them are working workers are women. It is a children’s and over again more than anything in poverty than at any other time. issue because whether those mothers else is: We want to be able to have a More of them are working, and work- and fathers are going to make a decent job at a decent wage so we can support ing for less, than at any other time. wage is going to affect those children. our families, so our children can have More of them are falling further behind They worry that they are not going to the care we know they need and de- than at any other time. have warm homes in the winter and serve. What do we have to prove? What is enough to eat, which we know they When I went to visit the part of the there to prove? I can tell you this. If don’t have. We know what the Second country where my wife Sheila and her you look back on the movement from Harvest reports are about—the number family come from, Appalachia, Harlan welfare to work, you will find that of families working and not making a County, it was the same thing. That is every economist virtually agrees that livable wage are going out to the food what people want to be able to have —a one of the principal reasons for move- pantries all across this country. That living-wage job, to be able to earn ment from welfare to work was the in- is why the mayors—Republican and enough of an income so they can sup- crease in the minimum wage. About Democrat alike —support our increase. port their children, so they can do 700,000 of those moved from welfare to It is a women’s issue, a children’s right by their children. That is what work because of the minimum wage. issue, and a civil rights issue because this amendment is all about. To talk With this additional increase of a dol- many of these men and women are peo- about raising the minimum wage from lar, from every estimate, from 200,000 ple of color. And most of all, it is a $5.15 an hour to $6.15 an hour over 2 to 300,000 more will move from welfare fairness issue. years so we don’t lose what we gained to work. They value work. People want How in the world does the Republican in 1997 is a matter of elementary jus- to work. They did when we increased it leadership go home to their commu- tice. last time and I think they’ll do it nities and say we voted for a $4,600 pay I heard Senator KENNEDY say this. I again. increase and against your minimum guess I need to emphasize this one or What does it mean for the taxpayer? wage? two times myself. I don’t know how It is beneficial to the taxpayer. Why? I hope every citizen will ask their Senators or Representatives can vote You will find if you pay more in the Members of the Senate when we ad- for a $4,600 increase for ourselves when minimum wage, you have fewer people journ—whenever that may be, that par- we are already making $130,000-plus a who qualify for support programs. That ticular issue is still in question—why a year and say we need this because we makes sense. Fewer will be qualified Member’s salary is more important have children who are in college and for food stamps, fuel assistance pro- than theirs. because we need to make sure we have grams, and other kinds of support pro- Others desire to speak. I see my enough money to cover expenses and grams. And it will save taxpayers bil- friend from Minnesota. How much time then turn around and vote against a $1 lions of dollars. So it is difficult for me does he require? increase over 2 years from $5.15 an hour to understand the opposition we are re- Mr. WELLSTONE. Madam President, to $6.15 an hour. ceiving. I think I will speak for 10 minutes. But Our economy is booming. In many In the Democratic proposal, we added I think it will be less because I want ways we are doing well. But the fact is a small program, but an important one, the Senator to have a chance to re- that I still think, using Michael Har- that primarily helps working families spond to the Republican arguments. rington’s term—the Senator from Mas- in the tax program in terms of pensions Mr. KENNEDY. The Senator can sachusetts will remember that book— and some other matters. But we have, have 10 minutes. we still have ‘‘two America’s.’’ We have on the opposition—and I will come to Mr. WELLSTONE. I thank the Sen- one America with greater access for all this later when we will have some time ator. the things that make life richer in pos- to talk about our Republican friends on The PRESIDING OFFICER. The Sen- sibilities and we have another America the other side—they say don’t give ator from Minnesota is recognized. that still struggles to make ends meet. them a dollar in the next 2 years; they Mr. WELLSTONE. Madam President, Rising tides lift all boats. But in some are not worth it. They are worth a dol- first of all, let me say in a very per- ways, we haven’t been growing to- lar over 3 years, but we are worth $4,600 sonal way that when I was teaching gether. We have been growing apart. more a year. We are not going to and hoping to become a Senator, this is A minimum-wage worker now makes spread our pay increase out, but we are what I imagined it would be. I could $5.15 an hour. The average CEO in our going to spread out the increase for come to the floor of the Senate and country makes $5,100 an hour.

VerDate 29-OCT-99 03:27 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.056 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14255 Let me say to every Senator that The kids are right. The parents have amendment, I am also grateful that his this is matter of elementary justice. less chance to spend time with them. amendment extends the minimum This is, as Senator KENNEDY said, a They are working longer. They are wage to the only U.S. territory where family value issue. It makes a huge dif- working harder. They have less time to minimum wage is not governed by Fed- ference, if you are able to make an ad- spend with their children. The children eral law. I am speaking of the Com- ditional $3,000-plus a year because of are crying out for help, assistance, and monwealth of the Northern Mariana Is- this increase in the minimum wage. for understanding. lands. That means you will be able to pay This isn’t going to solve all of their For my colleagues who are not famil- your utility bills, and you do not have problems. But this minimum will put iar with this territory, the Common- to worry about being shut off. It means $2,000 into the family income, and it wealth of the Northern Mariana Islands your children will be warm as opposed would give those parents time to spend is located 4,000 miles west of Hawaii. In to cold in a cold winter in Minnesota or with their children, perhaps buy a 1975, the people of the CNMI voted for in Maine, Madam President. It means Christmas present or a birthday political union with the United States. you will be able to buy clothing for present, and permit them to share Today, the CNMI flies the flag of the your children. It means you can afford some additional quality time. United States as a U.S. territory. your rent. I was wondering if that kind of re- In 1976, Congress gave U.S. citizen- I hope and I pray it will mean we will sponse from the children of minimum- ship to residents of the CNMI. At the not have so many women and so many wage workers surprised the Senator same time, however, Congress exempt- children in our homeless shelters with from Minnesota. He has spent a great ed the Commonwealth from the min- 40 percent of these families having the deal of time traveling this country and imum wage provisions of the Fair head of the household working full talking to needy families. Labor Standards Act. As we now know, time—people who work 52 weeks a Mr. WELLSTONE. Madam President, that omission was a grave error. To- year, 40 hours a week, and they are I thank the Senator for his question. I day’s amendment will correct that still poor in America because they wish I had emphasized that more, I say longstanding mistake. don’t make enough of a wage to sup- to the Senator. I can think of so many The CNMI section of this amendment port themselves and their families. poignant conversations with people in stands for the simple proposition that This is a family value issue. I don’t which they were saying: Given the America is one country and that the know of any issue before the Senate wages we make, every last hour we can U.S. minimum wage—whatever amount and I don’t know of any debate that we work, we work. We have no other it may be—should be uniform. Common have had in the Senate that speaks choice because that is the only way we sense dictates that our country must more loudly and clearly to family val- can put food on the table. However, it have a single, national law on min- ues. means we have very little time to imum wage. Colleagues, Republicans included, spend with our children. It is not what Throughout the United States, Fed- vote for this Kennedy amendment if we want. It is not the way we want it eral law requires that minimum wage you want to support your children. to be. workers be paid $5.15 per hour—every- Vote for this Kennedy amendment if I think this is so important for fami- where, that is, except the Common- you want to support families. Vote for lies. wealth of the Northern Mariana Is- this Kennedy amendment if you want I yield the floor. lands. In the CNMI, the minimum wage to support hard-working people who The PRESIDING OFFICER. The Sen- is $3.15 per hour, 40 percent less than shouldn’t be poor in America. Vote for ator from Hawaii is recognized for 7 the U.S. minimum wage. this amendment if you want to support minutes. You would have to go back twenty women. Too many women are the ones Mr. AKAKA. Mr. President, I rise in years, to January 1980, to find a time who are working full time and still support of the amendment to raise the when the statutory minimum wage was don’t make a living wage. This is a minimum wage. that low in the United States. Today, matter of justice. There is a matter of My colleagues, the case for an in- workers in the CNMI are being paid family values. This is a matter of doing crease in the minimum wage is clear. wages that are 20 years behind the the right thing. I hope we will have a America has enjoyed eight and one-half times. And the numbers I have cited do majority vote for this amendment. years of economic expansion. The eco- Finally, I will admit it. I will make a not account for the effect of inflation. nomic boom that began in March 1999 Once you adjust the CNMI minimum blatant political point. is now the longest peacetime expansion I don’t know how in the world any- wage for inflation, you would have to in American history. body in this Chamber can vote a $4,600 go back to the 1930s—the Depression However, the rising tide of economic salary increase for himself or herself years—to find a time when the wages development has not lifted the boats of saying we have to have this to make of American workers had the same millions of American workers. Millions ends meet—and that is from the buying power as minimum wage work- $130,000 salary at the beginning—and of Americans earning the minimum ers in the CNMI today. Adjusted for in- say no, no; we can’t vote for people to wage are rapidly becoming a perma- flation, the minimum wage in the have the chance to make enough of a nent underclass in our society. This CNMI—which I remind my colleagues wage so they can do a little better for amendment is a big step forward for is U.S. soil—is the equivalent of less themselves and, more importantly, a millions who are struggling to feed and than ten cents an hour. Ten cents an little better for their children. raise a family, and rent decent hous- hour! You can’t even buy a pencil for 10 Mr. President, $5.15 an hour to $6.15 ing, while earning the minimum wage. cents. Adjusted for inflation, the min- an hour, a $1 increase, 50 cents a year At the same time that our economy imum wage in this territory is 60 years over 2 years ought to pass with 100 is expanding, the distribution of in- out of date. votes. come is becoming more and more un- This situation is a disgrace. In Guam, I yield the floor. equal. As the charts prepared by the ninety miles from the CNMI, they have Mr. KENNEDY. Madam President, Senator from Massachusetts make been paying the minimum wage since will the Senator yield for a question? clear, the earnings of average Ameri- 1950. It’s time to end this embarrass- Is the Senator familiar with this cans have grown little, and the overall ment and reform the minimum wage in study by the Family Work Institute? distribution of income has become in- the Commonwealth of the Northern They had an interview with the chil- creasingly unequal. Whether you exam- Mariana Islands. That’s one of the im- dren of minimum-wage workers. Here ine the trend of U.S. income distribu- portant things that this amendment are three of the top four things chil- tion or compare the wages of U.S. would do. dren would like to change about the workers to those in other industri- I yield the floor. working parents and the concern about alized countries, the result is clear: the Mr. KENNEDY. I yield 10 minutes to being with their parents. They wish wages of the average American worker the Senator from Rhode Island. their parents were less stressed out by are stagnating. Mr. REED. Mr. President, I rise as a work, less tired because of work, and While I thank the Senator from Mas- strong and proud supporter of Senator could spend more time with them. sachusetts for championing this KENNEDY’s amendment to raise the

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.058 pfrm01 PsN: S08PT1 S14256 CONGRESSIONAL RECORD — SENATE November 8, 1999 minimum wage one dollar over 2 years. percent of Americans actually saw nomic progress, with the vista of a new I commend Senator KENNEDY not only their incomes fall by 9 percent between century before us, with the informa- for his leadership today but for his at- 1977 to 1999. tion age bursting upon us, we should be tention to the needs of working Ameri- There are some things that we can do able to guarantee if a person works 40 cans throughout his career in the Sen- to begin to reverse this trend, to en- hours a week, that person should be ate. sure that every part of our American able to raise a family above the pov- Today we are debating, and I hope family participates in our country’s erty level. soon adopting, legislation to address an economic success. The first step is to This proposal for a minimum wage issue vital to America’s working fami- increase the minimum wage. seems only to be controversial here in lies. The amendment before us calls for The reality is that today, workers the Senate. If you go back to Rhode Is- a 50-cent increase in the minimum making the minimum wage—heads of land and ask people what they think, wage in January of 2000, with another households, single heads of households they think the minimum wage should 50-cent increase in January of 2001. So with a full-time job—earn about go up. They recognize and understand in a 2-year period we would increase $10,700. That is about $2,500 below the how hard it is to support their own the minimum wage from $5.15 to $6.15. poverty level for a family of three. So families. They know if they had a min- This minimum wage increase is a ne- essentially, what we are telling work- imum-wage job, it would be close to cessity for many individuals partici- ers who are going into the workforce impossible to do that. pating in today’s workforce, particu- with minimum-wage jobs, is that they Indeed, there was a survey done by larly those moving from welfare to will not be able to get out of poverty. the Jerome Levy Economic Institute work. Among the rationales behind That I believe is wrong. If someone is which showed that 87 percent of small welfare reform was that everyone who going to go into the workforce, work 40 businesses that were contacted and is able to work should work and that a hours a week, and try to raise a family, asked about increasing the minimum job should offer a sustainable income. they should at least be able to make wage thought that they could absorb Unless we have a living minimum enough money to live above the pov- this modest cost. That is up from 79 wage, a minimum wage that can sup- erty line. percent just a year ago. So even small port a family, a minimum wage that The other issue that has often been business believes raising the minimum can allow a family to meet its basic raised with respect to the minimum wage is appropriate. That might be a needs, then it is something of a cruel wage is that, really, this is just a ben- direct reflection of the fact that many hoax to force people into the work- efit for kids, that kids are the only states have already raised the min- force, knowing that they will not be group of people who have minimum- imum wage above the federal level. In- able to support themselves on their in- wage jobs. They are the people working deed, in many parts of the country come alone. at the fast food restaurants and per- with the highest minimum wages, Our economy has been performing reforming other minimum wage jobs. there is a persistent shortage of labor. markably well since the last increase This is not the truth. Statistics show In fact, businesses are bidding for in the minimum wage in 1996. A record that 70 percent of minimum-wage earn- workers at levels above the minimum 8.7 million jobs have been created. We ers are adults over 20 years of age. wage. all recall when we were debating the They also show that 46 percent of these We are really talking about pro- minimum wage that year, one of the minimum-wage workers have full-time tecting the most vulnerable workers in most persistent objections was that the jobs and that 59 percent are women. our economy, those without the power increase would kill job growth; it This correlates closely with the star- to negotiate higher wages, those in would prevent our economy from con- tling statistics we have seen with re- areas of economic activity that do not tinuing to grow. The reality is that we spect to children and poverty. Frankly, require high skill levels, and therefore are in the midst of a period of record one of the most disturbing statistics is can be easily replaced. These are the economic expansion during which a the growth in the number of children people for whom we should have a spe- large number of new jobs have been living in poverty. Typically, these chil- cial concern, these are the people we created. dren are in single-parent households should help move up out of poverty, Increasing the minimum wage is not led by women. Since 59 percent of min- not by a handout but by simply reward- something that is going to hamper our imum-wage earners are women and 40 ing the value of each hour they work. economy. It will enable working fami- percent of minimum-wage earners are Business Week, a magazine that is lies to provide for their families. More- the sole breadwinners of their family, not traditionally a strong proponent of over, economic factors dictate that if these problems seem to be directly con- prolabor sentiments, had this to say: we don’t increase the minimum wage nected. It is time to set aside the old assumptions now, the modest growth in inflation One of the great shames of this Na- about the minimum wage. . . . We don’t will wipe out the gains of the 1996 in- tion, at a time when we are recording know how high the minimum wage can rise crease. Indeed, the minimum wage is in robust growth in the stock markets, at until it hurts the demand for labor. But with danger of dropping below its pre-1996 a time when we are seeing extraor- the real minimum wage no higher than it level in real dollars if we do not pass dinary development in our economy, is was under President Reagan, we can afford this amendment. that one in five children still live in to take prudent risks. I believe other economic factors dic- poverty in the United States; that 12 Frankly, this is not a risk, it is a tate that we increase the minimum percent of American households cannot prudent investment in the workers of wage. As we look at this economy, we meet their basic nutritional needs America. My own paper, the Provi- are discovering fantastic growth in some part of the year; that 39 percent dence Journal, adds: many quarters, but we also see that the of the families who turn to food banks An increase to $6.15 would help take a nick incomes of the poorest Americans are for assistance have one adult member out of poverty and provide a more solid base not growing as fast as they have grown who holds a job. These are working for . . . economic expansion. Congress ought in the past. Americans, but their wages are so low to do it. Between 1950 and 1978, income growth they cannot feed their families and I ask unanimous consent to have this for the lowest earners grew proportion- their children live in poverty. We can Providence Journal editorial printed at ally more than any other income level. do better than this in our great coun- the conclusion of my remarks. What has happened recently, because of try. The first way to do better is to The PRESIDING OFFICER. Without our new information society, because support this increase in the minimum objection, it is so ordered. of new technology, because of a boom- wage proposed by Senator KENNEDY. (See Exhibit 1.) ing stock market, the wealthiest The reality is that having a job today Mr. REED. I agree with the Provi- Americans are increasing their in- does not mean you are going to be dence Journal. It is about time Con- comes substantially. In fact, the above the poverty level. Having a min- gress acted. It is about time we took a wealthiest one percent of Americans, imum-wage job frequently guarantees nick out of poverty. It is about time we doubled their incomes between 1977 and you are below the poverty level. At invested in working families and gave 1999. In sharp contrast, the poorest 20 this time in our history, with such eco- them, through their own efforts, the

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.061 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14257 resources to raise their families, to terms of statistics, tables and charts. I ily. Many of us have met with those raise them up out of poverty. We must have met repeatedly over the years folks in our offices and elsewhere tell- give new hope to families who are with people who have had difficulty, ing us the difficulties they are having. working very hard in this economy to who are trying to get back into the In many ways, it is hopeful that both raise children, to move forward and labor market, who are working at min- sides of the political aisle in this seize the opportunity at the heart of imum-wage jobs. I recall one such Chamber are talking about increasing the American dream. meeting in my office in Fargo, ND, the minimum wage. This is an impor- I again commend Senator KENNEDY with probably a half dozen young tant subject. We are both talking about for his great efforts, not just today, but women who were struggling to get off this subject now in a serious way, and for so many days on the floor, fighting the welfare roll and get on a payroll that is good. It ought to give hope to for working families, fighting for eco- and earn a living, to get some training those at the bottom of the economic nomic justice for all our citizens. and move into the job force again. ladder who are trying very hard to I yield the floor. All of them told me the same story of make ends meet and have difficulty EXHIBIT 1 the difficulty of making ends meet on a doing it on today’s minimum wage. RAISE THE MINIMUM WAGE minimum wage paycheck. They shared There is a difference between the pro- with me how hard it was to balance a posals. The minimum wage we are pro- A proposal in Congress to raise the minimum wage, now $5.15 an hour, by two incre- checkbook on minimum wage—meet- posing will provide a minimum wage ments of 50 cents each over the next two ing the monthly bills like child care, increase on January 1, 2000. The alter- years seems reasonable. This would still rent, a car payment, let alone trying to native plan will not. leave those subsisting on these wages well find a few dollars to buy a Christmas We provide a $1 increase in the min- below the federal poverty level, but it would present for the kids. imum wage over 2 years. The GOP plan at least bring them some modest relief. (The The story is always the same. Those does not. debate comes, by the way, as Congress voted stories come to you from people who We protect overtime compensation itself an average $4,600 raise.) are trying very hard. Most of them tell for 73 million working Americans who The argument is sometimes made that to raise the minimum wage would reduce em- those stories with tears in their eyes. are entitled to it. The GOP does not. ployment by raising employers’ costs. We see It is the case here in Congress that the We offset the full cost of the tax cuts, little indication over the past few years that halls are not full today of interest and there are some tax incentives and the move would shrink employment. For groups who are well organized, who cuts in this proposal to help businesses that matter, increasing the minimum wage, have hired some very skilled people to that will confront some additional by widening purchasing power, could sub- lobby on their behalf for this kind of costs. We fully offset ours. The com- stantially help the economy and boost em- legislative change. For people at the peting plan is mostly unpaid for. ployment over the long run. lower end of the economic ladder, there We can go on down the list. We ex- It should also be noted that higher wages tend the welfare-to-work credit. The often mean greater loyalty and effort on the are not halls full of well-paid lobbyists part of employees. Thus, whatever the incre- and others pushing for this change. other plan does not. ment of a higher minimum wage, that costs They are largely the voiceless in our We provide a work-site child care tax could be more than offset by higher revenue society who do not have the capability credit. The GOP plan does not. and profits from increased productivity and to influence legislative events quite as We provide wage tax credits for small reduced turnover, hiring and training costs. easily as some other very important in- businesses located in the empowerment It is interesting that in my states with the terests in this country do. But that zone which, incidentally, is very impor- highest state minimum wages, such as Mas- should not persuade anybody that this tant in our part of the country. These sachusetts (now at $5.25 and to be raised to are zones, especially the empowerment $6.75 in two 75-cent increments over the next interest is not important. two years), there are serious labor shortages. It is very important for our country, zone in my State, which have as a cri- Recent increases in those states’ minimum especially in a circumstance where the teria the outmigration of people. Peo- wages have not brought about price rises or economy is growing. All the signs are ple who have left. This is not unem- layoffs, so far as such things can be meas- that our country is doing well. The ployment and poverty. That is one sign ured. stock market is doing very well. Unem- of economic distress. The other sign is But then, consider that the purchasing ployment is at a 30 year low. a rural county that has lost half its power of the current minimum wage is about It is important for us also to under- population. People cannot find work, $2 less that of the minimum wage in 1968 stand there are families struggling on so they leave, and the county shrinks (when the jobless rate was also very low). minimum wage trying to make ends Further, it should be noted that more than like a prune. 70 percent of American workers receiving the meet. The fact is, the purchasing power Empowerment zones create jobs and minimum wage are over age 25 or not longer value of that minimum wage has di- restore economic vitality and health in in school. minished dramatically. It is about $2.50 those areas. We include that in our pro- An increase to $6.15 would help take a nick below the purchasing power value in posal, but the GOP plan does not. out of poverty and provide a more solid base 1968. These are interesting and important for the economic expansion. Congress ought None of us in this room are working differences between the two plans. I to do it. for minimum wage. No one. So none of say this: At least we are on the right Mr. KENNEDY. Madam President, I us have experienced what it is like to subject. see the Senator from North Dakota on put in 40 or 45 hours this week and be The Senator from Massachusetts has the floor. I yield him 7 minutes. paid minimum wage and then try to worked tirelessly on behalf of those at The PRESIDING OFFICER. The Sen- make a car payment, pay rent, buy the bottom of the economic ladder who ator from North Dakota is recognized food for the kids, and make ends meet. are struggling hard and valiantly try- for 7 minutes. We cannot do that. No one in this ing to make ends meet. By proposing Mr. DORGAN. Madam President, we Chamber would volunteer to do that, I this minimum wage increase which, in are here debating the question of the expect. But there are a lot of people my judgment, is long overdue, the Sen- minimum wage: Should the minimum trying to do that because they want to ator from Massachusetts does a real wage be increased? We are talking pay their way. They want a decent job; service. I hope at the end of this debate about people at the bottom of the eco- they want an opportunity. They want we will be able to adopt the Senator’s nomic ladder in this country, people to work. amendment, and I hope those who are who work hard, who do not ask for That is why it is important in this working on minimum wage struggling much. They do not have stock in the circumstance for us to increase the to care for their families and create a stock market. They have not, by and minimum wage. Its purchasing power future for themselves, on January 1 large, been blessed with substantial in- diminishes over time because of infla- will be able to say: Yes, Congress did creases in income by a growing econ- tion. The value of the minimum wage something that will help me and my omy. In many cases, they have been has decreased for a lot of these fami- family as well. losing ground. lies. Many of us know that poverty in Madam President, I yield the floor. I know when we talk about the min- this country is increasingly poverty of The PRESIDING OFFICER. The Sen- imum wage, we tend to talk about it in a single woman trying to raise a fam- ator from Massachusetts.

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.063 pfrm01 PsN: S08PT1 S14258 CONGRESSIONAL RECORD — SENATE November 8, 1999 Mr. KENNEDY. Madam President, I cient to give adequate relief to farmers Let me close by reiterating why we understand I have 8 minutes remain- and small business owners. This is one decided to pay for this bill and not just ing. of the areas where we clearly need to take the money from the surplus. The PRESIDING OFFICER. The Sen- do more, but some relief is better than First of all, I believe both sides un- ator is correct. none. derstand we made a bipartisan commit- Mr. KENNEDY. The Senator from We have included provisions targeted ment to stop dipping into the Social Virginia asked for 10 minutes. I ask to geographic areas with the greatest Security surplus to pay for current unanimous consent that I have 2 addi- need for economic assistance. The new spending outside Social Security. Hon- tional minutes and yield 10 minutes to markets proposal, for example, would oring this commitment is important him. reward employers who operate in eco- both to maintain pressure for fiscal The PRESIDING OFFICER. Without nomically distressed areas where the discipline and to prevent further cyni- objection, it is so ordered. The Senator minimum wage is the most prevalent. cism about the way the Federal Gov- from Virginia is recognized. There is also a credit that encourages ernment operates. Mr. ROBB. Madam President, on Fri- employers to give lower income em- As for the non-Social Security sur- day, November 5, Senator BAUCUS and I ployees information technology train- plus, we believe our first priority introduced the Small Business Tax Re- ing so we can begin to close the so- should be paying down the over $5 tril- duction Act of 1999. We drafted this leg- called digital divide. I was at an an- lion debt we have accumulated by fail- islation to complement Senator KEN- nouncement this morning that will ing to exercise fiscal discipline in the NEDY’s minimum wage amendment, and also make a major step in that direc- past. The need to keep up the pressure under the unanimous consent agree- tion. for fiscal responsibility is clear. ment, it was incorporated into that We also expand current empower- Congress has been breaking the amendment which is now pending. ment zone credits so more commu- spending caps at breakneck speed. CBO The Small Business Tax Reduction nities and more people are able to take recently advised us, not only had we al- Act of 1999 is targeted to provide tax advantage of these credits. The em- ready spent the small surplus expected relief for those employers who will be powerment zone credit provides a dual for fiscal year 2000, we are already $17 most affected by the minimum wage benefit. It helps those who may not yet billion in the red for the next fiscal increase, even more than the proposal be reaping the benefits of our expand- year. Until we can agree on a com- to be offered by the other side of the ing economy, and it helps revitalize prehensive package that balances our aisle. our cities which, over the long term, spending, tax relief, and debt reduction Our package adheres to two prin- may be our best tool for reducing the priorities, we should pay for the spend- ciples that had to be reconciled: First, pressures that lead to suburban sprawl. ing and the tax cutting we propose and that tax relief should be provided to Another area we devoted our atten- not take the easy route of spending the those who need it most; and, second, tion to is retirement security. Increas- surpluses that may or may not actu- that any tax relief package be fiscally ingly, people are apprehensive about ally materialize. If we do not put the brakes on piece- responsible. their retirement. Many small busi- meal tax cuts now, we could easily face To make sure that our package bene- nesses are struggling to provide retire- a runaway train of politically popular fited those who need it most, we fo- ment security for their employees. proposals that are not likely to be in cused primarily on small businesses, The pension provisions in our bill are the best long-term interests of the Na- those most likely to experience higher designed to address the needs of these tion. When we are ready to put every- costs as a result of an increased min- small employers who are trying to de- thing on the table and consider the imum wage. velop effective retirement plans for various priorities—such as using the To make sure the package was fis- their employees. cally responsible, we used true offsets, For example, we would allow small surplus to pay down the debt—we can not the surplus, to pay for it. In this businesses to borrow from their plans, engage in that discussion. Until then, way, we have remained true to both just as large businesses can, and we we should focus on achieving the current objective, which is to assist em- principles: This is a good tax package; have included Senator BAUCUS’ pro- it is a responsible tax package. posal to provide a credit for new small ployers, particularly small employers, Admittedly, deciding what provisions business pension plans. Everyone bene- who may be adversely affected by the to include in such a bill required some fits when small businesses are better minimum wage increase. In short, this tax package accom- compromises. In almost all cases, I able to offer their employees retire- plishes its purpose of providing relief have sponsored, or cosponsored, legisla- ment plans. to those employers who are most likely tion that would go beyond the tax re- Finally, we need to help our commu- to have higher costs when the min- lief in many of the areas addressed by nities meet their increasing demand imum wage increases. It is responsible. our bill. I will continue my efforts to for new and upgraded schools. Across It does not squander the surplus we move on these broader provisions. the Nation, there are pent-up needs for have fought so hard to achieve but However, our commitment to paying new schools to make room for smaller maintains it for debt reduction. At the for the tax bill and not either bor- classes, for schools that have access to same time, it protects Social Security rowing from our parents by using the the latest technology, for schools that trust funds from being misallocated to Social Security trust fund or bor- have decent heating and plumbing and other programs and expenditures. This rowing from our children by increasing leak-proof roofs. is a good tax package, and I urge our our debt burden, precluded us from To help meet those needs, we have in- colleagues to support it. doing more at this time. cluded a provision to help communities With that, Madam President, I re- In some respects, our tax package is modernize their public schools. In this serve any time remaining and yield the similar to the Republican proposal. For bill, we propose extending the Qualified floor. example, both packages accelerate the Zone Academy Bond Program, or Mr. KENNEDY. Madam President, I 100-percent deduction for self-employed QZABs, for an additional year. This suggest the absence of a quorum and health insurance; both packages in- program helps with school moderniza- ask unanimous consent that it not be crease section 179 expensing for small tion efforts and deserves to be ex- charged to either side. businesses; both packages extend the tended. The PRESIDING OFFICER. Without work opportunity tax credit; and both Again, this effort is important, but objection, it is so ordered. packages raise the business meals de- we need to do much more. While we The clerk will call the roll. duction from 50 percent to 60 percent. could not squeeze more on school con- The legislative assistant proceeded But in other ways, our packages are struction into this vehicle, I am deter- to call the roll. quite different. For instance, we have mined to find one that is large enough Mr. DOMENICI. Madam President, I included in our amendment some es- to accommodate our Nation’s school- ask unanimous consent that the order tate tax relief for small family-owned children, who, frankly, deserve better for the quorum call be rescinded. farms and businesses. Inflation has left than what they have gotten from Con- The PRESIDING OFFICER. Without the current exemption simply insuffi- gress this year. objection, it is so ordered.

VerDate 29-OCT-99 03:22 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.066 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14259 Mr. DOMENICI. Madam President, Mr. NICKLES. Madam President, I that amount. It may be fine for the parliamentary inquiry. Could the Chair ask unanimous consent that the order State of Massachusetts. That may be tell me, is it now appropriate for me to for the quorum call be rescinded. great in New York City. I can’t help call up the amendment that is pending The PRESIDING OFFICER. Without but think there are some areas of the that has been filed with reference to an objection, it is so ordered. country where maybe that does not alternative minimum wage and tax Mr. NICKLES. Madam President, as I apply and will not work. plan? understand the parliamentary situa- This idea that raising the minimum The PRESIDING OFFICER. If the tion, we have 2 hours equally divided: wage can only have a positive eco- Senator yields back the remaining One on the Kennedy amendment, and nomic impact is grossly incorrect. The time on the Kennedy amendment, the the other 2 hours on an amendment Congressional Budget Office has stated answer is yes. that will be offered by Senator DOMEN- it would mean a job loss of between Mr. DOMENICI. Parliamentary in- ICI. 100,000 and 500,000 jobs. That is a pretty quiry. How much time do we have on I wish to speak very briefly in opposi- significant hit. Maybe it is not a hit for the Kennedy amendment? tion to the Kennedy amendment. Then everybody because we have millions of The PRESIDING OFFICER. There I will yield back the time, and that will people working, but for between 100,000, are 60 minutes remaining. eliminate at least that round. Then and 400,000 people who could lose their Mr. DOMENICI. In the event I do not there will be 2 hours equally divided on jobs, that is pretty significant. If they yield that back, what is the remaining the Domenici amendment. People can find themselves unemployed because time arrangement for the day and for speak on either proposal, as they wish. they couldn’t get a job as a result of tomorrow on the two respective For the information of our col- the minimum wage increase we have amendments, the Kennedy amendment leagues, we will have one hour of de- created a real injustice. Maybe they and the Domenici amendment? bate tomorrow morning and a vote at are looking for summer work, maybe The PRESIDING OFFICER. After the 10:30 on both proposals. they are looking for part-time work, or 60 minutes of remaining debate on the I urge my colleagues to vote no on maybe they are trying to supplement a Kennedy amendment is used, there the so-called Kennedy minimum wage job working evenings. Why should we would be a period of 2 hours for debat- proposal that is now before the Senate. price them out of the market? ing the amendment which the Senator I compliment my colleague from Mas- Let me address a few other things would be proposing. sachusetts. He has offered this time that are in Senator KENNEDY’s pro- Mr. DOMENICI. Then what is the and time again. I am sure he will be posal. There are some tax cuts. Senator agreed-upon schedule for tomorrow back next year and the following year ROBB just spoke regarding those. Many with reference to the amendments? to increase the minimum wage. If you of those are similar to ones we have in The PRESIDING OFFICER. There is ask the question: should there be an in- our package that Senator DOMENICI 1 hour of debate beginning at 9:30, with crease in the minimum wage, I am sure will be talking about briefly. I com- a vote scheduled to occur at 10:30. a lot of people would say yes because pliment them on those tax cuts. What Mr. DOMENICI. Madam President, they want everybody who is making a I criticize them for are the tax in- might I ask Senator KENNEDY a ques- low wage to make more. creases. You didn’t know they had a lot tion? I happen to agree with that very of tax increases in the Democrat pro- Mr. KENNEDY. Please. strongly. It is very important for peo- posal? Well, they do. The fact is, there Mr. DOMENICI. I ask Senator KEN- ple to be able to climb the economic are more tax increases than there are NEDY, I understand you have no addi- ladder. What people many times don’t tax cuts. What tax increases do they have? tional speakers now. recognize is that if you have a very sig- Mr. KENNEDY. If I could answer the They have two or three things. They nificant increase in the minimum Senator, I think we do actually have have a little provision in here that re- wage—such as Senator KENNEDY’s pro- some additional speakers. They can ei- authorizes Superfund taxes. We do not posal of approximately a 20-percent in- ther do it now or at some other appro- reauthorize Superfund because the pro- crease, increasing it from $5.15 to $6.15, priate time after all the time has ex- gram is flawed. Does it make sense a $1 over the next 131⁄2 months. That is pired. that they are going to extend Super- OK, I suppose, if everybody can just Mr. DOMENICI. I understand that as fund taxes without fixing the program? pass it along without any repercus- far as today’s debate is concerned, you I am absolutely confident, 100 percent sions. But there may be some busi- are out of time. confident this Congress is not going to Is that what the Parliamentarian nesses that can’t. If they can’t, what reauthorize and extend Superfund told me? are they going to do? They may hire taxes unless we reauthorize the pro- The PRESIDING OFFICER. The Sen- less people. They may let some people gram. The program is broken. We are ator is correct, that the time con- go. raising billions of dollars or have I know it does not seem as if that trolled by Senator KENNEDY on the raised billions of dollars and we are Kennedy amendment has expired. Sixty would be the case, but frankly it is. It wasting it. minutes remain for those opposing the may not happen in every case, but it The lawyers and trial attorneys reap Kennedy amendment. happens in many cases. There are some great benefits, but we spend very little Mr. KENNEDY. But, I say to the Sen- employers that may not be able to pay money cleaning up the program. Many ator, as I understand it, when you offer $5.15 an hour or $6 an hour. Senator of us are in favor of fixing the program. 1 your amendment, you will have 60 min- KENNEDY’s proposal says in 13 ⁄2 months Let’s make sure 90 percent of the utes and we will have 60 minutes. I you have to be paid $6.15 an hour or it money that is raised for Superfund think we could accommodate the other is against the law for you to have a job. cleanup actually goes to cleanup, rath- The Federal Government has deter- Senators. Senator FEINSTEIN is here. er than the current situation in which We have probably two other Senators. mined that, in our infinite wisdom, in two-thirds of it goes to legal fees. We can let them speak at that par- rural Montana or where ever, we don’t The Kennedy legislation also in- ticular time. So it is just a question of care if pumping gas can only pay $5.50 cludes several other tax increases. working out the remaining time this or the corner grocery store can only af- There is a proposal that goes by the evening. ford to pay that amount, we don’t care. name of the Doggett proposal. Accord- Mr. DOMENICI. I yield back any We are deciding up here in Washington ing to a lot of different groups—includ- time we have in opposition to the—— DC, that the Federal Government does ing the Cattlemen’s Association, Tax- Mr. NICKLES. No. not want you to have a job. It is payers Union, U.S. Chamber of Com- Mr. DOMENICI. Excuse me. against the law for you to have a job. merce, and National Federation of Madam President, I suggest the ab- The Federal Government has decided Independent Businesses—this is a real- sence of a quorum. employers must pay at lease $6.15 an ly big, bad tax increase. It is called the The PRESIDING OFFICER. The hour or they cannot hire anyone. Abusive Tax Shelter Shutdown Act of clerk will call the roll. Sorry, 15-year-old, 16-year-old, or 17- 1998. The legislative assistant proceeded year-old trying to get a summer job, if Most people think of it simply as an to call the roll. there are no summer jobs available at IRS enhancement act. Well, they are

VerDate 29-OCT-99 04:04 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.068 pfrm01 PsN: S08PT1 S14260 CONGRESSIONAL RECORD — SENATE November 8, 1999 quite mistaken. I mean, should we real- the absence of the enactment of the pro- used data from the March 1992 and March ly give the IRS a blank check to go posal, and the number of hours for which 1995 CPS to estimate that the cost of com- after lots of people for a lot of things they would be compensated. plying with a minimum wage of $5.15 per because we think maybe we will dis- The estimate was made in two steps. CBO hour would have fallen by almost 40 percent used data from the Current Population Sur- over this three-year period, or about one per- allow noneconomic tax attributes, vey (CPS) to estimate how much it would cent per month. whatever that means. It is essentially have cost employers to comply with the CBO assumes that the direct mandate cost a $10 billion tax increase and we are mandate had they been required to do so in would continue to decrease at this rate going to turn the IRS loose. early 1998. Second, these estimates were then throughout the projection period. Thus, the We spent a lot of time and passed, in used to project the costs to employers begin- monthly cost of raising the minimum wage a bipartisan fashion—my compliments ning in January 1999, taking into account to $5.65 in January 1999 would be roughly 87 to Senators ROTH and MOYNIHAN—last the expected decline in the number of work- percent of the cost estimated using the Jan- year a very significant IRS reform bill ers in the relevant wage range. The remain- uary 1998 data. The estimated cost of raising der of this section discusses the way this es- the minimum wage to $6.15 in January 2000 that curbed the appetite of the IRS. timate was constructed and limitations of would be about 79 percent of the cost of This legislation would say, forget the data and methods. doing so in January 1998. about those reforms. It would give the The methods used for this estimate are Estimates for each fiscal year were then IRS more power to go after what they similar to those used for CBO’s estimates of made by aggregating the monthly costs. The consider noneconomic attributes. It is proposals made in 1996, the most recent year estimate for fiscal year 1999 is the smallest truly a bad idea. in which bills to increase the federal min- because that period only includes an in- There are a lot of bad proposals with- imum wage rate were considered on the floor creased minimum wage for nine months. The in the Kennedy language. There are tax of the Senate and the House. Unlike in 1996, estimate for 2000 includes the cost of a $5.65 minimum wage for three months and a $6.15 increases and the tax increases won’t CBO only has information about the number of workers in the relevant wage range for a minimum wage for nine months. The esti- work. The tax increases will extend very short time period since the current mate of the direct cost to the private sector taxes that shouldn’t be extended until minimum wage rate became effective. In pre- is highest for 2001, when all twelve months the programs are reauthorized. paring the estimates in 1996, CBO was able to would be at $6.15 per hour. It is a heavy hit, particularly on use data from several years when the min- Limitations small business, too quick, too much, imum wage was at the then-existing rate of Estimates of the direct cost of this man- too early. A 20-percent increase in the $4.25 per hour. The current rate of $5.15 per date are uncertain for at least two reasons. next 13 and a half months, in my opin- hour was implemented in September 1997. As First, the main source of data—the January ion, is too much. It would have eco- more information becomes available, this es- 1998 CPS—is subject to sampling error and timate might need to be revised. nomic ramifications that would cause other problems when used for this purpose. many people to lose their jobs. How Estimates from the current population survey For example, CBO assumed that the workers many? Hundreds of thousands. Accord- Data on hourly wage rates contained in the who reported being paid $5.00 per hour after the minimum wage had risen to $5.15 were ing to CBO, it says job loss would be January 1998 CPS provide CBO’s estimate of the number of private-sector workers in that actually earning $5.15 because there is no between 100,000 and 500,000. month who were paid in the relevant wage. evidence that compliance with the Fair I ask unanimous consent that this At that time, about 2.2 million workers in Labor Standards Act fell.2 The wage rates of conclusion of the CBO be printed in the the private sector were paid exactly $5.15 per other low-wage workers—some of the work- RECORD. hour and an additional 9.5 million workers ers who reported being paid below $5.00 per There being no objection, the mate- were paid between $5.16 and $6.14 per hour. hour and some of the workers not paid on an rial was ordered to be printed in the (About 1.5 million additional workers re- hourly basis—would also be affected by an increase in the statutory minimum.3 Second, RECORD, as follows: ported being paid $5.00 per hour; as discussed below, it is assumed that these workers were there is no solid basis for projecting the fu- CONGRESSIONAL BUDGET OFFICE PRIVATE- also covered by the $5.15 minimum wage and ture number of workers who would have SECTOR MANDATE STATEMENT were misreporting their wage rates.) Rough- wage rates in the relevant range, their pre- S. 1805—Fair Minimum Wage Act of 1998 ly one-quarter of the workers in the relevant cise wage rates, nor the number of hours Summary: S. 1805 would amend the Fair wage range were teenagers. Based on infor- they would work under current law. The an- Labor Standards Act of 1938 (FLSA) to in- mation from the Bureau of Labor Statistics, nual decline estimated from the 1992–1995 pe- crease the minimum wage rate under the Act it is assumed that about 30 percent of those riod could turn out to be too rapid or too from $5.15 per hour to $5.65 per hour on Janu- teenagers were in their first 90 days of em- slow. ary 1, 1999, and to $6.15 per hour on January ployment with their current employer and Indirect effects of an increase in the min- 1, 2000. therefore not covered by the increase in the imum wage: An increase in the minimum Private-sector mandates contained in bill: minimum wage.1 wage rate from $5.15 to $6.15 would require S. 1805 contains a mandate on private-sector CBO estimates that if the workers in the employers to raise the wages paid to the low- employers covered by the FLSA. It would re- private sector who had been paid between est-paid workers covered by the FLSA by 19 quire those employers to pay a higher min- $5.00 and $5.64 per hour in January 1998 had percent, and would require employers to imum wage rate than they are required to been paid $5.65 instead (with no change in raise the wages of workers in the range be- pay under current law. the number of hours worked), their employ- tween the old and the new statutory rates by Estimated direct cost to the private sector: ers would have paid them approximately $300 smaller amounts. As under current law, em- CBO’s estimate of the direct cost of the pri- million in additional wages in that month. If ployers could still pay teenage workers $4.25 vate-sector mandate in S. 1805 is displayed in the workers who had been paid between $5.00 per hour during their first 90 calendar days. the following table. and $6.14 had been paid $6.15, their employers Economists have devoted considerable en- would have incurred an additional wage bill ergy to the task of estimating how employ- DIRECT COST OF PRIVATE-SECTOR MANDATE of about $900 million in that month. More- ers would respond to such a mandate. Al- [In billions of dollars] over, employers would have had to pay the though most economists would agree that an employers’ share of the payroll taxes on increase in the minimum wage rate would Fiscal years— those additional wages; these taxes are in- cause firms to employ fewer low-wage work- Provision ers (or employ them for fewer hours), there 1999 2000 2001 2002 2003 cluded in CBO’s estimate of the total direct cost of the mandate. is considerable disagreement about the magnitude of the reduction. It has proven dif- Increase the minimum wage rate ...... 2.7 7.4 7.9 7.0 6.2 Applying the estimates from the CPS to the pro- ficult to isolate the effects of past changes in jection period Basis of the estimate: S. 1805 specifies that the minimum wage. Moreover, the estimates the minimum wage is to increase from $5.15 The monthly cost to employers of the pro- from such analysts are hard to apply to fu- to $5.65 per hour on January 1, 1999, and to posed increases in the minimum wage would ture changes. $6.15 on January 1, 2000. Other sections of the be smaller in the future because the number Based on CBO’s review of a number of FLSA providing different rules for certain of workers in the affected range will decline. these studies, a plausible range of estimates workers and employers, including the provi- For example, during the eight-year period for illustrating the potential losses is that a sion permitting employers to pay teenagers starting in 1981 when the minimum wage re- 10 percent increase in the minimum wage $4.25 per hour during the first 90 consecutive mained at $3.35 per hour, the number of would resulting a 0.5 percent to 2 percent re- days of employment, would not change. workers paid exactly that rate declined from duction in the employment level of teen- To estimate the direct cost to private em- 4.2 million to 1.8 million, as market forces agers and a smaller percentage reduction for ployers, information was used on the number and increases in state minimum wage rates young adults (ages 20 to 24).4 These estimates of workers whose wages would be affected in raised the level of wages paid. In 1996, CBO would produce employment losses for an in- January 1999 and subsequent months, the crease in the minimum wage of the extent wage rates these workers would receive in 1 Footnotes at end of statement. provided in this bill of roughly 100,000 to

VerDate 29-OCT-99 04:04 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.070 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14261 500,000 jobs. The individuals whose employ- 3 In January 1998, there were almost 2 million every dime of it so we have more ment opportunities would be reduced are workers who reported being paid an hourly wage money to spend. likely to include the lest-skilled job-seekers rate of less than $5.00. Some workers, such as employees in retail firms whose gross volume of sales I urge my colleagues to vote ‘‘no’’ on who might benefit most from the work expe- is less than $500,000 are not covered by the minimum the Kennedy proposal. rience. wage, while others, such as certain tipped workers, This range of employment impacts is the I understand Senator KENNEDY and are covered but can be paid a lower wage rate. his side have used their hour. If there same as CBO estimated two years ago when 4 See, for example, Alison J. Wellington, ‘‘Effects Congress was considering a 21 percent ($0.90 of the Minimum Wage on the Employment Status of is no objection, I will yield back the re- per hour) increase in the minimum wage.5 At Youths; An Update,’’ Journal of Human Resources, mainder of the time in opposition to that time, the low end of the range seemed Vol. XXVI, No. 1 (Winter 1991), pp. 27–46, Charles the Kennedy amendment. more realistic because the number of work- Brown, ‘‘Minimum Wage Laws; Are They The PRESIDING OFFICER. All time ers in the relevant wage range and the size of Overrated?’’ Journal of Economic Perspectives, Vol. 2, No. 3 (Summer 1988), pp. 133–145, David Card and has been yielded back on the Kennedy the minimum wage relative to the average Alan B. Krueger, Myth and Measurement; the New amendment. wage were relatively low. This time, how- Economics of the Minimum Wage (Princeton Univer- The Senator from New Mexico is rec- ever, those special considerations do not sity Press, 1995), and Marvin H. Kosters, editor, The apply because less time has elapsed since the Effects of the Minimum Wage on Employment (AEI ognized. most recent increase in the minimum wage. Press, 1996). Mr. DOMENICI. Madam President, I About 50 percent more workers are in the af- 5 On March 25, 1996, CBO provided an estimate of have no objection to yielding to the fected wage range now than were in the rel- the cost to the private sector of S. 413, which would Senator from California to speak in evant wage range when the 1996 legislation have increased the minimum wage rate in two annual steps, from $4.25 per hour to $5.15 per hour. favor of the Kennedy amendment if she was being considered. Likewise, the min- That bill did not include the youth differential and would tell me how long she wishes to imum wage is currently about 41 percent of other special provisions that were contained in the speak. the average hourly earnings of production or legislation enacted later that year. Mrs. FEINSTEIN. Probably 10 to 15 nonsupervisory workers in the private sec- Mr. NICKLES. I say that 100,000 to tor, compared with about 36 percent just be- minutes. I can certainly wait. 500,000 lost jobs is too heavy a penalty. Mr. DOMENICI. They would be using fore the 1996 legislation was enacted. For that one person who might lose his But two additional differences from the that off the opposition time to the situation that existed in 1996 could reduce or her job, it is a very heavy penalty. Domenici amendment. employment impacts. First, the labor mar- According to the Federal Reserve Bank The PRESIDING OFFICER. The sec- ket is exceptionally tight, with the total un- of San Francisco, there would be from ond amendment would have to be employment rate at 4.6 percent and the teen- 145,000 to 436,000 lost jobs. These are called up. age unemployment rate at 14.7 percent (Feb- independent studies, not branches of a AMENDMENT NO. 2547 ruary 1998). In 1996, the total unemployment Don Nickles study group that says this rate was nearly one point higher and the (Purpose: To increase the Federal minimum is a bad idea. The CBO and Federal Re- wage and protect small business) teenage unemployment rate was two points serve state that this will cost hundreds higher. Second, the most recent increase in Mr. DOMENICI. Madam President, I the minimum wage amended the FLSA to of thousands of jobs. send an amendment to the desk and If there is no job loss or negative eco- permit employers to pay teenagers $4.25 per ask for its immediate consideration. hour for the first 90 days, and the current nomic consequence, why stop at $6.15 The PRESIDING OFFICER. The bill would not change this provision. The lit- an hour? Why don’t we make it $20 an clerk will report. erature on which the estimates reported hour? I want everybody in America to The legislative assistant read as fol- above are based did not reflect such a dif- make $20 an hour. I do. If they work lows: ferential. Presumably, the differential could 2,000 hours a year, that is an average of result in fewer employment losses for teen- The Senator from New Mexico [Mr. DOMEN- agers, more losses for adults, and fewer 40 hours a week for 50 weeks. If every- ICI], for himself, Mr. ABRAHAM, and Mr. losses overall. Although recent data indicate body made $20 an hour, hey, that would SANTORUM, proposes an amendment num- that few employers are using the option, its be great. That would be $40,000. I would bered 2547. availability could cushion employment love for everybody in America to make Mr. DOMENICI. Madam President, I losses if labor markets weakened. $40,000. But guess what. Some jobs ask unanimous consent that reading of In addition to its effect on employment might not pay that. levels, an increase in the minimum wage the amendment be dispensed with. Does it make good economic sense to The PRESIDING OFFICER. Without could have many other economic impacts. pass a law to say it is against the law For example, one consequence that has re- objection, it is so ordered. ceived considerable attention is its potential for somebody to work for $40,000? I (The text of the amendment is print- effects on the earnings of low-wage workers. don’t think so. Whether it would mean ed in today’s RECORD under ‘‘Amend- CBO estimates that the direct effect of the the loss of 100,000 jobs or 500,000 jobs, I ments Submitted.’’) proposed increase would be to increase the don’t know. But, I don’t want to put Mr. DOMENICI. Madam President, I aggregate earnings of workers who would even 100,000 people out of work. I don’t yield the floor at this time. otherwise have received between $5.15 and want to discourage any young person The PRESIDING OFFICER. The Sen- $6.14 per hour by over $7 billion in 2001. An or any person at all from trying to ator from California is recognized. indirect effect of the increase in the min- climb the economic ladder. We pulled imum wage might be that employers would UNANIMOUS-CONSENT AGREEMENT also voluntarily raise the wage rates of it up. Sorry. We would rather have you Mrs. FEINSTEIN. Madam President, workers who were already being paid just unemployed than have you climbing I ask unanimous consent to tempo- above the new rate in order to maintain dif- the economic ladder. rarily lay aside the pending amend- ferentials (the ‘‘spillover effect’’). I think that is a huge mistake. I ment so I might send to the desk two Previous CBO estimate: On March 3, 1998, think this proposal is too big of a hit, amendments and then lay them aside. CBO issued an estimate of S. 1573, which too quickly. I think the tax increase in The PRESIDING OFFICER. Is there would increase the minimum wage rate in the Democrat proposal is completely objection to the unanimous-consent re- three annual steps to $6.65 per hour and then unworkable and it is certainly unfair. quest of the Senator from California? would adjust the minimum wage thereafter The other side might claim that they to reflect changes in the Consumer Price Mr. NICKLES. I didn’t hear the re- Index. The current estimate of the direct paid for their tax cuts, and that Sen- quest. Will the Senator repeat it. cost to the private sector is based on the ator DOMENICI will have a proposal to Mrs. FEINSTEIN. Certainly. It is a same methodology. benefit small business, and he didn’t unanimous-consent request so I might Estimate prepared by: Ralph Smith. pay for his because it comes out of the call up and then lay aside two amend- Estimate approved by: Joseph Antos, As- surplus. ments. sistant Director for Health and Human Re- I disagree, especially when we are Mr. DOMENICI. What are they resources. looking at having significant surpluses lated to? FOOTNOTES in the next 10 years. Basically what our Mrs. FEINSTEIN. To the bankruptcy 1 This estimate is derived from information on job Democrat colleagues are saying is: We bill. tenure, by age, provided by the Bureau of Labor Sta- tistics, based on supplemental questions included in want no tax cut whatsoever. Mr. DOMENICI. Madam President, is the February 1996 Current Population Survey. Less than 2 months ago, they voted that inconsistent with any order we 2 Staff within the Department of Labor’s Employ- for a $300 billion tax cut that was not have entered at this point? ment Standards Administration, the agency respon- paid for. Now they are saying we have The PRESIDING OFFICER. It is not sible for enforcing the FLSA, report no increase in the number of complaints filed since the minimum to pay for this; even if it is only $18 bil- inconsistent with any order that has wage increased to $5.15. lion over 5 years, we have to pay for been entered into.

VerDate 29-OCT-99 03:53 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.022 pfrm01 PsN: S08PT1 S14262 CONGRESSIONAL RECORD — SENATE November 8, 1999 Mr. NICKLES. Reserving the right to ‘‘(i) issue a credit card account under an AMENDMENT NO. 2755 object—— open end consumer credit plan to, or estab- (Purpose: To discourage indiscriminate ex- Mrs. FEINSTEIN. I am going to call lish such an account on behalf of, an obligor tensions of credit and resulting consumer them up and lay them aside. who has not attained the age of 21; or insolvency, and for other purposes) ‘‘(ii) increase the amount of credit author- At the appropriate place, insert the fol- Mr. NICKLES. Madam President, ized to be extended under such an account to lowing: parliamentary inquiry. an obligor described in clause (i). SEC. ll. ENCOURAGING CREDITWORTHINESS. The PRESIDING OFFICER. The Sen- ‘‘(B) APPLICATION REQUIREMENTS.—A writ- ator will state his inquiry. ten request or application to open a credit (a) SENSE OF THE CONGRESS.—It is the sense Mr. NICKLES. Under the unanimous- card account under an open end consumer of the Congress that— (1) certain lenders may sometimes offer consent request we have entered into, credit plan, or to increase the amount of credit authorized to be extended under such credit to consumers indiscriminately, with- there were three nongermane amend- out taking steps to ensure that consumers ments basically offered by Democrats an account, submitted by an obligor who has not attained the age of 21 as of the date of are capable of repaying the resulting debt, and Republicans; is that correct? such submission, shall require— and in a manner which may encourage cer- The PRESIDING OFFICER. The Sen- ‘‘(i) submission by the obligor of informa- tain consumers to accumulate additional ator is correct. tion regarding any other credit card account debt; and Mr. NICKLES. We also stated under under an open end consumer credit plan (2) resulting consumer debt may increas- the unanimous-consent agreement that issued to, or established on behalf of, the ob- ingly be a major contributing factor to con- all other amendments had to be rel- ligor (other than an account established in sumer insolvency. (b) STUDY REQUIRED.—The Board of Gov- evant to the bankruptcy bill; is that response to a written request or application that meets the requirements of clause (ii) or ernors of the Federal Reserve System (here- correct? after in this section referred to as the The PRESIDING OFFICER. The Sen- (iii)), indicating that the proposed extension of credit under the account for which the ‘‘Board’’) shall conduct a study of— ator is correct. written request or application is submitted (1) consumer credit industry practices of Mr. NICKLES. Might I ask my col- would not thereby increase the total amount soliciting and extending credit— league, are the two amendments she is of credit extended to the obligor under any (A) indiscriminately; trying to offer right now germane to such account to an amount in excess of $1,500 (B) without taking steps to ensure that the bankruptcy bill? (which amount shall be adjusted annually by consumers are capable of repaying the resulting debt; and Mrs. FEINSTEIN. Yes, they are. the Board to account for any increase in the Consumer Price Index); (C) in a manner that encourages consumers Mr. NICKLES. Might I inquire what to accumulate additional debt; and they deal with? ‘‘(ii) the signature of a parent or guardian of that obligor indicating joint liability for (2) the effects of such practices on con- Mrs. FEINSTEIN. One is amendment debts incurred in connection with the ac- sumer debt and insolvency. No. 1697, to place a $1,500 limit on cred- count before the obligor attains the age of (c) REPORT AND REGULATIONS.—Not later it to minors, unless they have inde- 21; or than 12 months after the date of enactment pendent proof of income or the card is ‘‘(iii) submission by the obligor of financial of this Act, the Board— cosigned signed by a parent or legal information indicating an independent (1) shall make public a report on its find- means of repaying any obligation arising ings with respect to the indiscriminate solic- guardian. The second is amendment itation and extension of credit by the credit No. 2755, directing the Federal Reserve from the proposed extension of credit in connection with the account. industry; Board to conduct a study of credit in- (2) may issue regulations that would re- ‘‘(C) NOTIFICATION.—A card issuer of a cred- dustry lending practices. it card account under an open end consumer quire additional disclosures to consumers; Mr. NICKLES. Madam President, I credit plan shall notify any obligor who has and have no objection. not attained the age of 21 that the obligor is (3) may take any other actions, consistent with its existing statutory authority, that AMENDMENTS NOS. 1696 AND 2755, EN BLOC not eligible for an extension of credit in con- the Board finds necessary to ensure respon- Mrs. FEINSTEIN. Madam President, nection with the account unless the requirements of this paragraph are met. sible industrywide practices and to prevent I send two amendments to the desk. resulting consumer debt and insolvency. ‘‘(D) LIMIT ON ENFORCEMENT.—A card issuer The PRESIDING OFFICER. The may not collect or otherwise enforce a debt Mrs. FEINSTEIN. I ask unanimous clerk will report. arising from a credit card account under an consent that the amendments be set The assistant legislative clerk read open end consumer credit plan if the obligor aside. as follows: had not attained the age of 21 at the time the The PRESIDING OFFICER. The The Senator from California [Mrs. FEIN- debt was incurred, unless the requirements amendments will be set aside. STEIN] proposes amendments numbered 1696 of this paragraph have been met with respect AMENDMENT NO. 2751 and 2755, en bloc. to that obligor. Mrs. FEINSTEIN. Madam President, Mrs. FEINSTEIN. Madam President, ‘‘(6) PARENTAL APPROVAL REQUIRED TO IN- CREASE CREDIT LINES FOR ACCOUNTS FOR WHICH today I rise in support of the amend- I ask unanimous consent that reading PARENT IS JOINTLY LIABLE.—In addition to ment offered by the minority leader to of the amendments be dispensed with. the requirements of paragraph (5), no in- raise the minimum wage from $5.15 to The PRESIDING OFFICER. Without crease may be made in the amount of credit $6.15 in two steps by September 1 of the objection, it is so ordered. authorized to be extended under a credit card year 2000. Before addressing my re- The amendments are as follows: account under an open end credit plan for which a parent or guardian of the obligor has marks directly, I want to make two AMENDMENT NO. 1696 joint liability for debts incurred in connec- comments. The first is really to thank (Purpose: To limit the amount of credit ex- tion with the account before the obligor at- the senior Senator from Massachusetts tended under an open end consumer credit tains the age of 21, unless the parent or for his prodigious, sustained, and en- plan to persons under the age of 21, and for guardian of the obligor approves, in writing, thusiastic work on a minimum wage other purposes) and assumes joint liability for, such in- increase. I very much doubt that this At the appropriate place, insert the fol- crease.’’. would be on the calendar were it not lowing: (b) REGULATORY AUTHORITY.—The Board of for his constant perseverance. SEC. ll. ISSUANCE OF CREDIT CARDS TO UN- Governors of the Federal Reserve System The second is to say that I do not be- DERAGE CONSUMERS. may issue such rules or publish such model lieve there is any piece of legislation (a) APPLICATIONS BY UNDERAGE CON- forms as it considers necessary to carry out SUMERS.—Section 127(c) of the Truth in that has been passed by this Congress paragraphs (5) and (6) of section 127(c) of the or this Senate this year that can have Lending Act (15 U.S.C. 1637(c)) is amended— Truth in Lending Act, as amended by this the possible positive impact on Ameri- (1) by redesignating paragraph (5) as para- section. graph (7); and cans an increase in the minimum wage (2) by inserting after paragraph (4) the fol- (c) EFFECTIVE DATE.—Paragraphs (5) and will at this particular point in time. I lowing: (6) of section 127(c) of the Truth in Lending want to make that argument. ‘‘(5) APPLICATIONS FROM UNDERAGE OBLI- Act, as amended by this section, shall apply This amendment is about families to the issuance of credit card accounts under GORS.— making ends meet. It is about people ‘‘(A) PROHIBITION ON ISSUANCE.—Except in open end consumer credit plans, and the in- response to a written request or application crease of the amount of credit authorized to being able to pay for rent and put food to the card issuer that meets the require- be extended thereunder, as described in those on the table. The bottom line is that ments of subparagraph (B), a card issuer may paragraphs, on and after the date of enact- the current minimum wage is simply not— ment of this Act. not enough to live on. An estimated

VerDate 29-OCT-99 03:53 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.073 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14263 11.4 million workers will benefit from Over the past several years, we have ents working. Children are often left the passage of this amendment; 1.5 mil- seen an explosion in the creation of alone because child care, of course, is lion of them are in California alone. wealth that is unprecedented in U.S. too costly or nonexistent. For a full-time worker, a $1 an hour in- history. The strong economy has Let me give you one case, a resident crease in the minimum wage means a brought prosperity to large numbers of of San Francisco. Her name is $2,000 a year raise. That is an extra people. But that is not the whole story. Bernardine Emperado. She works more $2,000 to pay the rent, to buy groceries, More individuals and families are earn- than 60 hours a week at a rental car to send their children to school. For ing less and having a difficult time job, and she supplements this salary by these workers, an increase in the min- making ends meet. selling hot dogs at 49ers games on Sun- imum wage will make a huge dif- It is time, I think, that we recognize day. ference. this and do something about it. Pass- Although the number of people living ing the Daschle amendment is the first Nobody can tell me rental car agen- in poverty in the United States since step we can take—50-cent minimum cies shouldn’t pay a minimum wage of 1992 has declined—and it has—by about wage increase the first year and 50-cent $6-plus. Nobody can ever convince me 9 percent, from 38 million people to 34.5 minimum wage the second year. of that. Despite two incomes, she can’t million people, in California the num- Perhaps the greatest testament to afford her own apartment. She lives ber of people living in poverty has ac- the inadequacy of the minimum wage with her mother and college-age daugh- tually remained relatively unchanged, is that many communities are now rec- ter. Something is seriously wrong with 5.19 million people to 5.12 million peo- ognizing how inadequate it is. And our wage scale if someone working 60 ple living in poverty. they are moving on their own to create hours a week is unable to afford life’s As recently as 1997, California has ac- a new concept that is called a ‘‘living basic necessities. tually seen a 5 percent increase in the wage.’’ These jurisdictions are insisting that those who do business with the The traditional argument against number of people living in poverty. De- raising the minimum wage is that spite the incredible economic growth local government pay their employees when you increase wages, it costs jobs. the United States has experienced a living wage salary. And we just heard the majority whip throughout the mid and late 1990s, in San Jose, CA, has adopted a living make that point eloquently. The facts California more than 15 percent of the wage of $10.75. don’t bear that out. Since the min- population of the seventh largest eco- In San Antonio, TX, it is $10.13 an hour. imum wage was increased in October of nomic engine on Earth lives in poverty. In Boston, it is $8.23 an hour. That is incredible. This troubling sta- 1996, we have gained 8.7 million new In my hometown of San Francisco, jobs in this country, most of them in tistic clearly shows that not all seg- there is consideration ongoing for a liv- ments of the workforce are benefiting the form of small businesses and new ing wage of $11. businesses. As a matter of fact, that from the economic expansion. More than 35 other localities and mu- On September 4, the Center on Budg- nicipalities have adopted living wages. has been the explosion—new busi- et and Policy Priority released what I Clearly, it is a reaction to the inad- nesses, small businesses, just the busi- am sure my colleagues know, and hope- equacy of the Federal minimum wage, nesses that pay many of their people a fully will agree, is a very disturbing re- which is generally too little too late to minimum-wage salary. port on the widening gap between the sustain people. So it is time for the In a strong economy, raising the rich and the poor over the last 20 years. Federal Government to follow the lead minimum wage will not cost jobs. And California is an example of that gap. of our cities and take the simple step it is time to do it. As a matter of fact, Based on data collected by the Con- that is so important to millions of there is no better time to do it than gressional Budget Office, the study working families. when the economy is flush. And the found that the average after-tax in- Many families in this country are economy has not been this flush in a come of the top 20 percent of house- just one paycheck away from disaster, long time. holds increased from about $74,000 in whether it is an illness, the need to I say to you that if we fail to raise 1977 to more than $102,000 in 1999. The move, or a car that breaks down. Peo- the minimum wage, and to raise it on average after-tax income of the top 1 ple live paycheck to paycheck, and a regular basis, we will see virtually percent of the economic earners in this they live with the fear that they might country will almost double, going from not be able to make it this month or every city in this Nation, in addition $234,000 to $515,000 in 1999. This indi- next month. to the 35 that are now doing it, enact cates that those in the top income lev- I think those figures and those state- their own living wage. This will vary. I els are doing very well all across this ments are responsible for some of the think we will increasingly find this great Nation. things the Senator from Massachusetts minimum wage is going to be $10 or The bad news is that the income of pointed out on the floor a little bit ear- more if it is left to the city. the bottom fifth of households is actu- lier: The fear that families have, the I think it is prudent to raise the min- ally falling. It has fallen from $9,900 to stress that women work under, and the imum wage. I think this is the time to $8,700 over the same period. additional hours for women in the do it. I think it is unfair to ask some- So while the top income earners are workplace more than men, the fact one to live on $10,000. I think for the prospering, those at the lower end of that so many children wish their fam- millions of workers who, as a product the income scale are doing worse than ily could have less stress, and could of this action, will have $2,000 more in a generation ago. spend more time with them is all a their pocket to pay for rent, to pay for When you have a high-cost State, part of this picture. clothes, to fix a car, to make a move, this chasm is actually exaggerated. So People can work 40 hours a week. In this is the single most important piece what you have is a growing split be- the most industrialized country on of social economic legislation this body tween the very wealthy and the very Earth, those people still can’t support can pass. poor in this country. their family, still can’t repair a broken In 1977, the top 1 percent of the U.S. car, still can’t pay their rent, and still I yield the floor. households received 7.3 percent of the live from paycheck to paycheck. The PRESIDING OFFICER (Mr. Nation’s after-tax income, and 22 years In fact, a minimum-wage worker who SANTORUM). The Senator from New later that has gone up; they received works 40 hours a week 50 weeks a year Mexico. 12.9 percent. That is a 4.4 percent in- earns only $10,300 a year. The poverty Mr. DOMENICI. Mr. President, I crease for upper income Americans. In line for a family of three is $13,880, and, yield myself 10 minutes. fact, the top 1 percent will receive as for a family of four, it is $16,700. much after-tax income as the bottom So you have a worker who is working I am very pleased to introduce a min- 38 percent. This means the 2.7 million at a minimum-wage job and has a fam- imum wage amendment on behalf of wealthiest Americans will be earning ily, that worker is substantially below myself and many other Senators. With the same amount as the poorest 100 the poverty level and the family is reference to the minimum wage, this million Americans. below the poverty level. What happens? coming January under the amendment That is the case with 15 percent of People are forced to hold two jobs. Senator KENNEDY introduced, min- the people in California. Families are forced to have both par- imum wage goes up 50 cents; 12 months

VerDate 29-OCT-99 03:53 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.074 pfrm01 PsN: S08PT1 S14264 CONGRESSIONAL RECORD — SENATE November 8, 1999 later it goes up 50 cents again. Under idea remained to give American small peat, half of the minimum wage earn- the proposal which I offer today, it will business an opportunity to hire people ers in America are young people who go up 35 cents, 35 cents, and 30 cents who may need a little extra help, a lit- are in part-time jobs, such as after- each March 1. It is also a $1 increase in tle more guidance, a little more skill school and summer jobs. We believe the minimum wage. It takes 12 months and training. We give them credit for 3-year installment increase, which far longer, so this will be completed in that. We have done that. exceeds inflation annually as it applies 2002. At that point, it will be $6.15. We have two provisions in this to the current minimum wage, is prob- I think Senator NICKLES made a amendment directed at health care. ably good for the teenagers of our point. If the economy, or if training One of them is a very dramatic change country, good to keep them employed, people for jobs, or if employers being from the way we have treated health get them that entrance job and not able to pay for the services employees care in the past. It is not going to cost have so many owners looking around render, if none of that was relevant, very much because we are not so sure for other employees who have more ex- then everyone would like a minimum how many people will understand it. perience, which they will if we make wage bill that might be higher than ei- We are going to say to American men the minimum wage too high. ther of these two. That is what we and women if they are not getting In addition, many of those getting off would wish for everyone. health insurance on their job, we give welfare—and we know there are thou- Up front, I remind everyone the best them an opportunity to buy their own sands—they need some training and economic advice we have is 50 percent health insurance and they can deduct some extra skills preparation and the of the minimum-wage jobs affected every single penny of their health in- like. We are hoping they will get jobs. have to do with teenagers. Half of the surance from their pay before paying We are increasing their take-home pay minimum-wage jobs we are talking income tax. so they can, indeed, have a better about are the young men and women Heretofore, we were letting them chance of succeeding off the rolls and who are working while they are attend- pool those expenses along with other move up the employment chain and get ing school—afterschool and in the sum- health care costs and if that exceeded better and better jobs. The other mer months—at either the McDonald’s 7.5 percent of the income, they could things I mentioned in the health care drive-ins or various places across deduct it. There are many people who field will be welcomed by millions of America. work for small businesses and others Americans, and in particular millions, It seems to this Senator, a minimum would don’t furnish insurance, and per- millions of self-employed business men wage that applies to 50 percent of the haps they could buy their own insur- and women across America. minimum-wage earners in America, ance. But right now, they don’t get to With that, I know there are others who are students, and that goes up 35 deduct the premiums. We add that to who would like to speak, if not tonight, cents, 35 cents, and 30 cents, respec- the basket of opportunities for health we obviously will share time with them tively, over the next 26 months, since insurance. tomorrow. it far exceeds inflation, it is good for Then, there are the independent em- I yield the floor. the teenagers of America, good for ployees who work essentially for them- The PRESIDING OFFICER. Who those who hire them, and an excellent selves. Under this bill, we finally make yields time? The Senator from Mon- way to make sure that portion of the the health care costs 100 percent de- tana. American population in their first ductible. I think health insurance de- Mr. BAUCUS. Mr. President, will entry jobs in our marketplace-oriented duction is very important for the self- somebody yield time to me? economy get a chance to earn that employed. Mr. KENNEDY. Yes. I yield 10 min- money, to learn what it is to work, and We increase the small business ex- utes. at the same time make that large pensing, which means there are certain The PRESIDING OFFICER. The Sen- group of young American men and items they can deduct, up to $30,000 ator is recognized for 10 minutes. women a part of the marketplace. under this new law in the year of the AMENDMENT NO. 2751 If we make it too high, businesses expanse rather than having to charge Mr. BAUCUS. Mr. President, I was won’t be hiring them and they will be it off over time, which is desired by very impressed with the statement of looking to others to fill the jobs. We small business that will bear the brunt the Senator from Massachusetts earlier still need in America a place for people of this added minimum wage. when he showed us the charts of how to start. We reduce the unemployment surtax, minimum wage has not kept up with If we had a minimum wage bill and and we make permanent the work op- inflation. As I recall the chart of the that is all we did, knowing what we portunity tax credit. A number of pen- Senator, it was very dramatic, showing know about welfare reform, we would sion plans are reformed in this legisla- with the minimum wage increase of $1 not have a very good bill. The work option so that more of the small busi- over 2 years, still we would not keep up portunity credit, where employers give nesses in this country will be able to with inflation in real terms. welfare men and women a job, is now a take maximum advantage of their em- He had a second chart. If you chart temporary work incentive credit; we ployees creating pension plans under the poverty line, you will see the min- make that permanent. That means as the auspices of their employer as we imum wage has constantly been below we have reduced the assistance for wel- currently have them in numerable the poverty line. So for all those who fare in the United States by 48 percent, places in the Tax Code. are worried about statistics and fig- down to 2.7 million people, we want the We can talk about how this affects ures, rest assured this increase in the employees of America to make a living our individual States. I will have for minimum wage proposed by the Sen- wage. We want them to have a chance, the record how the Domenici plan will ator from Massachusetts is not above but we also want to encourage them to affect New Mexicans on the tax side inflation. It may be true in 1 year’s be hired, even if there is some addi- once we have it figured out, as well as time it is above what inflation might tional training and some skills that on the minimum wage side. be in that single year, but on the ques- have to be added along the way. In summary, we will increase the tion whether minimum wage has kept We are increasing opportunities for minimum wage in the Domenici up with inflation or not, historically it the young people, and we are increas- amendment—which the occupant of the has not kept up with inflation. ing many of the welfare-related jobs Chair is a cosponsor, and I thank him Second, I want to relate a personal with this additional minimum wage we for that—increase it $1, but it will take story which made a huge difference to are adding. Many in this body worked 12 additional months before we get to me. hard on the work opportunity credit. I that. It will be 35 cents, 35 cents, and 30 Mr. KENNEDY. Will the Senator be can recall back in the 1970s when I first cents. Senator KENNEDY does it in two good enough to yield on that point? came here, we started that as a work installments. Senators have to decide Mr. BAUCUS. Yes. incentive program for the disadvan- which best fits the needs of our coun- Mr. KENNEDY. The Senator talked taged, disabled, and others by giving a try. about the poverty line and the min- tax credit. It was highly abused later. If we were wishing and hoping, we imum wage. There is a third element, People wanted to get rid of it, but the would pay everybody a lot more. I re- and that is productivity. As we pointed

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.077 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14265 out in the earlier presentation, the pro- State. And service industries pay very If we are going to solve the retire- ductivity in the last 10 years has in- low wages compared with commodity- ment problem of this country, we cer- creased by 12 percent, and the total based industries. tainly have to reform Social Security, wages of all workers, 1.9 percent. I am sure this is true in lots of other and we certainly have to increase pri- The Senator, as a member of the Fi- States in the Nation. An increase in vate savings. But we all know that a nance Committee, knows one of the the minimum wage is going to help in- third leg of the retirement stool is pen- key elements in an economic analysis crease the pay for service jobs, which is sion benefits. We clearly need more in- is the issue of productivity. Here we going to help a lot. I might also add centives so small business can provide have fallen so far behind, not only in keeping workers’ pay up only makes pension benefits to their employees. the poverty rate but also in produc- sense; it is only fair because of all the They will be better employees. They tivity growth. profits so many companies have re- will be more likely to stay there. They Mr. BAUCUS. That is an excellent ceived, particularly over the past cou- are going to be more committed to the point. I regret telling the Senator from ple or 3 years, the best evidence of business. And they are going to be Massachusetts I was not able to see which is the skyrocketing increases of more committed to helping that com- that chart, but I am glad the Senator the stock indexes on the various stock pany make a buck. Our package has a has explained this point. It is abso- exchanges. tax credit for small businesses, about It was said earlier this is just a min- lutely true. If you increase produc- $4 billion, to help make that happen. tivity, and everybody knows produc- imum wage for younger people. Mr. What else do we do? We accelerate tivity means the amount of output per President, I am sure you have experi- the 100-percent deduction of health in- worker hour—if productivity has in- enced this. When you stop in McDon- surance for the self-employed. The Re- ald’s, you go to a store, say a Penny’s creased dramatically, that is all the publican bill does that, and so do we. It or some store downtown, you are going more reason why it is unfair the min- is very important that self-employed to find a lot of medium-age people and imum wage has not kept up with infla- people get the health insurance deduc- older people working there. I am as- tion. The amendment offered by the tion quickly. tounded at the number of older women Senator from Massachusetts will help Other major highlights: Our bill has who work at McDonald’s. I am as- accommodate that. a tax credit for information technology tounded. This is not only a younger The point I was going to make is training expenses. We have heard it person’s issue. In fact, if statistics were when I last ran for reelection, I walked many times that a lot of small firms shown, my guess is it would be more of across our State. I will never forget cannot find enough good employees. a women’s issue and a medium-age talking to a woman, a single mom, who There are not enough around. We pro- issue—people having a hard time mak- told me how hard she worked to try to vide a tax credit to those companies for ing ends meet, not school kids working stay off welfare. She had a minimum- technology training expenses. It makes wage job in my home State. for pocket change. Not only should there be an increase a lot of sense. She tried for a couple of years to stay in the minimum wage—and I think the We also provide $2 billion over 10 off welfare. She was determined to stay amendment offered by the Senator years for a low-income housing tax off welfare. It was a matter of prin- from Massachusetts is more than fair— credit, to help reduce housing costs of ciple, a matter of pride. She slept on the amendment offered by the Senator the buildings so many workers earning the sofa in her parents’ home, she did from Massachusetts is paid for. I ask minimum wages live in. all the things she could do to cut cor- consent to speak for 5 more minutes We provide estate tax relief. Strange- ners so she could raise her young child Mr. KENNEDY. I yield 5 more min- ly, that is not in the bill offered by the and stay off welfare. But she finally re- utes. other side. We offer estate tax relief alized with her minimum-wage job and Mr. BAUCUS. The amendment by the targeted to family-owned businesses. the day-care costs—I have forgotten Senator from Massachusetts is paid We increase the unified credit by the exact percent, but it was 30 or 40 for. What do I mean by that? By that I $450,000 phased in to the year 2003. percent of her take-home pay went to mean that the cost to the private sec- In addition, we increase the small childcare—she could not do it. She had tor of this increase, by CBO estimates, business meals deduction up to 60 per- to finally give up and go onto welfare might be roughly $30 billion over 10 cent in the year 2002. These are all pro- because her minimum-wage job did not years. The amendment by the Senator visions targeted to small business. earn her enough money for her and her from Massachusetts has several key Rather than risking dipping into the child to survive. tax cut provisions that would help off- Social Security Trust Fund, however, We can help get people off the wel- set whatever cost businesses might ex- we pay for our provisions. fare rolls by increasing minimum wage. perience in paying the increased min- Why do I say all that? Because the It is not the total solution. There are imum wage. I would like to highlight alternative offered on the other side is lots of parts to that problem, lots of just a couple. much more expensive. It will lose parts to the solution. But certainly, One of the main provisions is a small about $75 billion in revenue and there raising the minimum wage makes a business pension startup tax credit. We are no offsets for the lost revenue. Our huge difference. want to help small business. We want proposal provides offsets for the $28 bil- I might also add, in my home State to help small business provide pensions lion tax cut. The major offsets are ex- of Montana there is a very unfortunate for their employees. We all know one of tending the current Superfund tax and, economic trend. In 1946, Montana the big problems today is that while second, closing corporate tax shelters. ranked 10th in per capita income. In big businesses usually provide good We close down a lot of loopholes in cur- roughly 1992 or 1993, Montana ranked pensions for their employees, small rent law of which many companies are not 10th anymore but about 35th or businesses do not, because of their nar- taking advantage. 36th. Where does Montana rank today rower profit margins. It is very dif- Let me say a couple of words about in per capita income? It depends on ficult to begin a small business. Start- the ‘‘pay for.’’ Right now, the balance how you calculate it, but 48th, 49th, or up costs in particular make the early in the Superfund trust fund is declining 50th. years very difficult, because you have dramatically. In 1996, the balance in The State used to be a natural re- to pay that payroll tax on the first day the Superfund trust fund was about $4 sources, commodity-based State with of business whether or not you make a billion. The estimate for this next year mining business and timber industries profit, and when you start out in small is about $1 billion. that had good-paying jobs; in agribusiness you are not going to make a Why is that important? That is im- culture income was up too. Today, profit that first day. You don’t have to portant to continue cleanups under the those mining jobs, those timber indus- pay income taxes, but you have to pay Superfund Program. If the trust fund is try jobs, those commodity-based re- that payroll tax. Small businesses declining rapidly and gets close to zero, source jobs are disappearing because of therefore have a very hard time doing we are not going to have the cleanups the greater importance of value added. what a lot of those small businesses this country wants. That is, ground We are now becoming a tourism State, want to do: Set up a pension fund for water is going to be polluted, drinking a recreation State, a service industry their employees. water polluted, hazardous waste in the

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.080 pfrm01 PsN: S08PT1 S14266 CONGRESSIONAL RECORD — SENATE November 8, 1999 soil. It is very important we extend the days. Essentially, this chart shows the ‘‘(I) skilled nursing facility; Superfund provisions so the trust fund assumptions. This line shows the on- ‘‘(II) intermediate care facility; has the requisite dollars to continue budget deficit. ‘‘(III) assisted living facility; The chart assumes we will continue ‘‘(IV) home for the aged; cleanups, irrespective of whether we ‘‘(V) domicilary care facility; and modify the Superfund law. I hope we 1999 discretionary spending levels in- ‘‘(VI) health care institution that is re- do. But the trust fund is going to de- flated for present CPI and historical lated to a facility referred to in subclause cline to zero pretty quickly whether or levels of emergency spending, which is (I), (II), (III), (IV), or (V), if that institution not Congress reauthorizes the trust an average of the last 8 years. It only is primarily engaged in offering room, board, fund. addresses spending. What this chart laundry, or personal assistance with activi- Second, if we continue this Super- does not show is how much the deficit ties of daily living and incidentals to activi- fund tax, the Appropriations Com- is going to increase if we pass the tax ties of daily living;’’. cut bill from the other side, about $75 (b) PATIENT DEFINED.—Section 101 of title mittee is more likely to fund Super- 11, United States Code, as amended by sub- fund. Technically, it does not have to billion. section (a) of this section, is amended by in- though it usually appropriates dollars This chart shows that, even without serting after paragraph (40) the following: anyway. If the amount of money in the the tax cut the other side wants to ‘‘(40A) ‘patient’ means any person who ob- trust fund continues to be level and enact, we are not going to reach a sur- tains or receives services from a health care does not taper off—and I note that it plus until the year 2005 under current business;’’. (c) PATIENT RECORDS DEFINED.—Section 101 has been tapering off without the con- scorekeeping. If you add to that the $75 billion tax cut, it is clearly going to be of title 11, United States Code, as amended tinuation of the tax—it is more likely by subsection (b) of this section, is amended the Appropriations Committee is going a lot later before we even get a surplus. by inserting after paragraph (40A) the fol- to find the dollars for Superfund clean- Do not forget, you have to add in the lowing: ups. If we do not reinstate the trust last interest and expenses that other- ‘‘(40B) ‘patient records’ means any written fund, what is going to happen? Instead wise would be available. document relating to a patient or record re- of the polluter paying for the cleanup, This is a no-brainer. Let’s increase corded in a magnetic, optical, or other form minimum wage fairly. Then let’s enact of electronic medium;’’. it will be the general revenue taxpayer tax provisions, tax cuts targeted to (d) RULE OF CONSTRUCTION.—The amend- who will pay to clean up. The polluters small business. Let’s pay for it in a re- ments made by subsection (a) of this section will not be paying for it; the general shall not affect the interpretation of section sponsible way. Otherwise, we have the revenue taxpayer will pay for the pol- 109(b) of title 11, United States Code. other side which is not paid for, a huge lution caused by major companies. It is SEC. 1102. DISPOSAL OF PATIENT RECORDS. tax break which the President is going imperative we extend the Superfund (a) IN GENERAL.—Subchapter III of chapter to veto anyway. So let’s pass some- 3 of title 11, United States Code, is amended tax. thing the President will sign. by adding at the end the following: The second major ‘‘pay for’’ provision The PRESIDING OFFICER. The Sen- ‘‘§ 351. Disposal of patient records we have in our bill is targeted toward ator’s time has expired. ‘‘If a health care business commences a tax shelters. Every time Congress AMENDMENT NO. 1730, AS MODIFIED case under chapter 7, 9, or 11, and the trustee shuts down some abusive tax shelters, Mr. GRASSLEY. Mr. President, I ask does not have a sufficient amount of funds to tax attorneys are so smart, they figure unanimous consent that the pending pay for the storage of patient records in the out another loophole and a way to beat manner required under applicable Federal or Grassley amendment No. 1730 be modi- the system. What we are saying is for State law, the following requirements shall fied with the text I now send to the $10 billion over 10 years, let’s enact a apply: desk and that the vote occur on or in provision which makes transactions ‘‘(1) The trustee shall— relation to the amendment at 5:30 this ‘‘(A) publish notice, in 1 or more appro- such as this much more difficult. priate newspapers, that if patient records are Many organizations testified there is evening. That is right now. The PRESIDING OFFICER. Without not claimed by the patient or an insurance a problem that needs to be addressed in objection, it is so ordered. provider (if applicable law permits the insur- this area. The American Bar Associa- The amendment, as modified, is as ance provider to make that claim) by the date that is 90 days after the date of that notion, the New York State Bar Associa- follows: tion, the American Association of tification, the trustee will destroy the pa- Redesignate titles XI and XII as titles XII CPAs, and many others have testified tient records; and and XIII, respectively. ‘‘(B) during the 90-day period described in there has to be a solution to this prob- After title X, insert the following: subparagraph (A), attempt to notify directly lem. TITLE XI—HEALTH CARE AND EMPLOYEE each patient that is the subject of the pa- Even Congressman ARCHER has ad- BENEFITS tient records and appropriate insurance car- mitted we have been very successful in SEC. 1101. DEFINITIONS. rier concerning the patient records by mail- shutting down about $50 billion of spe- (a) HEALTH CARE BUSINESS DEFINED.—Sec- ing to the last known address of that cific shelters over the last 5 years, and tion 101 of title 11, United States Code, as patientance appropriate insurance carrier an those are just the tip of the iceberg, ac- amended by section 1003(a) of this Act, is appropriate notice regarding the claiming or cording to a lot of practitioners. amended— disposing of patient records. So to summarize reasons to support (1) by redesignating paragraph (27A) as ‘‘(2) If after providing the notification paragraph (27B); and under paragraph (1), patient records are not our amendment: No. 1, we increase (2) inserting after paragraph (27) the fol- claimed during the 90-day period described minimum wage because it makes sense, lowing: under that paragraph, the trustee shall mail, and lets people keep up with inflation. ‘‘(27A) ‘health care business’— by certified mail, at the end of such 90-day No. 2, we give tax breaks to small busi- ‘‘(A) means any public or private entity period a written request to each appropriate nesses that need it. They are very di- (without regard to whether that entity is or- Federal or State agency to request permis- rected and targeted to the tune of ganized for profit or not for profit) that is sion from that agency to deposit the patient about $28 billion. No. 3, we pay for our primarily engaged in offering to the general records with that agency. tax breaks in a very fair way. Contrast public facilities and services for— ‘‘(3) If, following the period in paragraph ‘‘(i) the diagnosis or treatment of injury, (2) and after providing the notification under that with the other side, which deformity, or disease; and paragraph (1), patient records are not stretches out the minimum wage in- ‘‘(ii) surgical, drug treatment, psychiatric claimed during the 90-day period described in crease, which hurts people and, in addi- or obstetric care; and paragraph (1)(A) or in any case in which a tion, has a tax bill which is not tar- ‘‘(B) includes— notice is mailed under paragraph (1)(B), dur- geted. ‘‘(i) any— ing the 90-day period beginning on the date I ask for a few more minutes. ‘‘(I) general or specialized hospital; on which the notice is mailed, by a patient Mr. KENNEDY. I yield 3 more min- ‘‘(II) ancillary ambulatory, emergency, or or insurance provider in accordance with utes. surgical treatment facility; that paragraph, the trustee shall destroy Mr. BAUCUS. Mr. President, I have a ‘‘(III) hospice; those records by— chart. I noticed the Senator from New ‘‘(IV) home health agency; and ‘‘(A) if the records are written, shredding ‘‘(V) other health care institution that is or burning the records; or Mexico was looking at it with a quiz- similar to an entity referred to in subclause ‘‘(B) if the records are magnetic, optical, or zical expression on his face. The source (I), (II), (III), or (IV); and other electronic records, by otherwise de- is the Center on Budget and Policy Pri- ‘‘(ii) any long-term care facility, including stroying those records so that those records orities. Everybody has a chart these any— cannot be retrieved.’’.

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.084 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14267 (b) CLERICAL AMENDMENT.—The chapter SEC. 1105. DEBTOR IN POSSESSION; DUTY OF and they are very desirable for the analysis for chapter 3 of title 11, United TRUSTEE TO TRANSFER PATIENTS. American economy right now. States Code, is amended by inserting after (a) IN GENERAL.—Section 704(a) of title 11, The PRESIDING OFFICER. The Sen- the item relating to section 350 the fol- United States Code, as amended by section lowing: 219 of this Act, is amended— ator’s time has expired. ‘‘351. Disposal of patient records.’’. (1) in paragraph (9), by striking ‘‘and’’ at VOTE ON AMENDMENT NO. 1730, AS MODIFIED SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR the end; The PRESIDING OFFICER. The COSTS OF CLOSING A HEALTH CARE (2) in paragraph (10), by striking the period question is on agreeing to amendment BUSINESS. and inserting ‘‘; and’’; and No. 1730, as modified. The yeas and Section 503(b) of title 11, United States (3) by adding at the end the following: nays have been ordered. The clerk will Code, is amended— ‘‘(11) use all reasonable and best efforts to (1) in paragraph (5), by striking ‘‘and’’ at transfer patients from a health care business call the roll. the end; that is in the process of being closed to an The bill clerk called the roll. (2) in paragraph (6), by striking the period appropriate health care business that— Mr. FITZGERALD (when his name at the end and inserting ‘‘; and’’; and ‘‘(A) is in the vicinity of the health care was called). Present. (3) by adding at the end the following: business that is closing; Mr. NICKLES. I announce that Sen- ‘‘(7) the actual, necessary costs and ex- ‘‘(B) provides the patient with services ator from Texas (Mr. GRAMM) is nec- penses of closing a health care business in- that are substantially similar to those pro- essarily absent. curred by a trustee or by a Federal agency vided by the health care business that is in Mr. REID. I announce that the Sen- (as that term is defined in section 551(1) of the process of being closed; and ator from New York (Mr. MOYNIHAN) is title 5) or a department or agency of a State ‘‘(C) maintains a reasonable quality of or political subdivision thereof, including care.’’. necessarrily absent. any cost or expense incurred— (b) CONFORMING AMENDMENT.—Section I further announce that the Senator ‘‘(A) in disposing of patient records in ac- 1106(a)(1) of title 11, United States Code, is from Vermont (Mr. LEAHY) is absent cordance with section 351; or amended by striking ‘‘704(2), 704(5), 704(7), due to family illness. ‘‘(B) in connection with transferring pa- 704(8), and 704(9)’’ and inserting ‘‘704(a) (2), I also announce that the Senator tients from the health care business that is (5), (7), (8), (9), and (11)’’. from South Carolina (Mr. HOLLINGS) is in the process of being closed to another SEC. 1106. ESTABLISHMENT OF POLICY AND PRO- absent due to a death in family. health care business.’’. TOCOLS RELATING TO BANK- I further announce that, if present SEC. 1104. APPOINTMENT OF OMBUDSMAN TO RUPTCIES OF HEALTH CARE BUSI- ACT AS PATIENT ADVOCATE. NESSES. and voting, the Senator from New York (a) IN GENERAL.— Not later than 30 days after the date of en- (Mr. MOYNIHAN) and the Senator from (1) APPOINTMENT OF OMBUDSMAN.—Sub- actment of this Act, the Attorney General of Vermont (Mr. LEAHY) would each vote chapter II of chapter 3 of title 11, United the United States, in consultation with the ‘‘yea.’’ States Code, is amended by inserting after Secretary of Health and Human Services and The result was announced—yeas 94, section 331 the following: the National Association of Attorneys Gen- nays 0, as follows: ‘‘§ 332. Appointment of ombudsman eral, shall establish a policy and protocols [Rollcall Vote No. 355 Leg.] ‘‘(a) Not later than 30 days after a case is for coordinating a response to bankruptcies commenced by a health care business under of health care businesses (as that term is de- YEAS—94 chapter 7, 9, or 11, the court shall appoint an fined in section 101 of title 11, United States Abraham Edwards McCain ombudsman with appropriate expertise in Code), including assessing the appropriate Akaka Enzi McConnell monitoring the quality of patient care to time frame for disposal of patient records Allard Feingold Mikulski represent the interests of the patients of the under section 1102 of this Act. Ashcroft Feinstein Murkowski Baucus Frist Murray SEC. 1107. EXCLUSION FROM PROGRAM PARTICI- health care business. The court may appoint Bayh Gorton Nickles PATION NOT SUBJECT TO AUTO- as an ombudsman a person who is serving as Bennett Graham Reed MATIC STAY. a State Long-Term Care Ombudsman ap- Biden Grams Reid pointed under title III or VII of the Older Section 362(b) of title 11, United States Bingaman Grassley Robb Americans Act of 1965 (42 U.S.C. 3021 et seq. Code, as amended by section 901(d) of this Bond Gregg Roberts and 3058 et seq.). Act, is amended— Boxer Hagel Rockefeller ‘‘(b) An ombudsman appointed under sub- (1) in paragraph (27), by striking ‘‘or’’ at Breaux Harkin Roth section (a) shall— the end; Brownback Hatch Santorum ‘‘(1) monitor the quality of patient care, to (2) in paragraph (28), by striking the period Bryan Helms Sarbanes Bunning Hutchinson Schumer the extent necessary under the cir- at the end and inserting ‘‘; or’’; and Burns Hutchison Sessions cumstances, including reviewing records and (3) by inserting after paragraph (28) the fol- Byrd Inhofe Shelby interviewing patients and physicians; lowing: Campbell Inouye Smith (NH) ‘‘(2) not later than 60 days after the date of ‘‘(29) under subsection (a), of the exclusion Chafee, L. Jeffords Smith (OR) appointment, and not less frequently than by the Secretary of Health and Human Serv- Cleland Johnson Snowe every 60 days thereafter, report to the court, ices of the debtor from participation in the Cochran Kennedy Specter at a hearing or in writing, regarding the medicare program or any other Federal Collins Kerrey Stevens Conrad Kerry Thomas quality of patient care at the health care health care program (as defined in section Coverdell Kohl Thompson business involved; and 1128B(f) of the Social Security Act (42 U.S.C. Craig Kyl Thurmond ‘‘(3) if the ombudsman determines that the 1320a–7b(f)) pursuant to title XI of such Act Crapo Landrieu Torricelli quality of patient care is declining signifi- (42 U.S.C. 1301 et seq.) or title XVIII of such Daschle Levin Voinovich cantly or is otherwise being materially com- Act (42 U.S.C. 1395 et seq.).’’. DeWine Lieberman Warner promised, notify the court by motion or Mr. GRASSLEY. I ask for the yeas Dodd Lincoln Wellstone written report, with notice to appropriate Domenici Lott Wyden and nays. Dorgan Lugar parties in interest, immediately upon mak- The PRESIDING OFFICER. Is there a Durbin Mack ing that determination. ‘‘(c) An ombudsman shall maintain any insufficient second? ANSWERED ‘‘PRESENT’’—1 formation obtained by the ombudsman under There appears to be a sufficient sec- Fitzgerald this section that relates to patients (includ- ond. ing information relating to patient records) The yeas and nays were ordered. NOT VOTING—5 as confidential information.’’. Mr. DOMENICI. Is there any time be- Gramm Lautenberg Moynihan (2) CLERICAL AMENDMENT.—The chapter fore the vote or are we supposed to Hollings Leahy analysis for chapter 3 of title 11, United vote now? The amendment (No. 1730), as modi- States Code, is amended by inserting after the item relating to section 331 the fol- The PRESIDING OFFICER. Nine sec- fied, was agreed to: lowing: onds. AMENDMENT NO. 2751 ‘‘332. Appointment of ombudsman.’’. AMENDMENT NO. 2547 Mr. KENNEDY. Mr. President, how (b) COMPENSATION OF OMBUDSMAN.—Section Mr. DOMENICI. Mr. President, if we much time does our side have? 330(a)(1) of title 11, United States Code, is pass this minimum wage bill that I of- The PRESIDING OFFICER (Mr. FITZ- amended— fered today with the taxes we have on GERALD). The Senator from Massachu- (1) in the matter proceeding subparagraph it, we would welcome the President setts controls 27 minutes. (A), by inserting ‘‘an ombudsman appointed under section 331, or’’ before ‘‘a professional vetoing it. As a matter of fact, I do not Mrs. MURRAY. Mr. President, I rise person’’; and believe he would. We have not only the today in strong support of the Kennedy (2) in subparagraph (A), by inserting ‘‘om- minimum wage, but these are the right amendment and as a cosponsor of the budsman,’’ before ‘‘professional person’’. kinds of tax cuts to go along with it, minimum wage increase.

VerDate 29-OCT-99 04:21 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.023 pfrm01 PsN: S08PT1 S14268 CONGRESSIONAL RECORD — SENATE November 8, 1999 In this debate, many people have the Because my constituents understand the minimum wage from the current wrong idea about who this increase the value of the minimum wage, they level of $5.15 an hour to 50 cents more would affect. Many people think the overwhelmingly passed their own min- on January 1 of the year 2000, and then typical wage earner is a young man or imum wage increase last year in Wash- 50 cents again on the following Janu- woman flipping burgers or working at a ington state. They raised the state ary 1. convenience store trying to make a few minimum wage to $5.70 this year. In So that those who are going to work extra dollars to buy some CD’s or to go the year 2000, it will move to $6.50, and every single day, trying to raise their to the movies. That image is inac- after that it will be indexed based on families, trying to make a decent in- curate. And until we really understand the Consumer Price Index. Mr. Presi- come, will, in fact, move closer to a who the people are who rely on the dent, we should follow the example of livable wage. This is still a long way minimum wage, we won’t approach this my state and increase the minimum away from it because people who are debate with the urgency it requires. wage for all Americans. earning $5.15 an hour or $6.15 an hour To clear up that misconception, let The increase that we passed in the hardly live in the lap of luxury. me set the record straight. In reality, last Congress should be the first step— There is a noteworthy difference be- 70 percent of the people earning a min- not the last—on our road to help these tween the approach being suggested by imum wage are over the age of 20. That hard-working citizens. my friend and colleague, the Senator means that 11.4 million adults this It should be the first step because the from New Mexico, on the Republican year will have to try to live on a salary economy and our world have changed— side, and the suggestion of Senator of $10,700. and we need to keep up with those KENNEDY, my friend and colleague on Forty percent of these same adults changes. In 1979, a person could work 40 the Democratic side, when it comes to are the sole source of income for their hours a week at minimum wage and a minimum wage. The difference may families. These are people who are stay out of poverty. Today, it takes 52 seem cosmetic to those who do not working hard—just to get by and sup- hours. To just reach the poverty line take a close look because the Repub- port their families. They deserve a for a family of four, the minimum wage lican side suggests that to raise the fighting chance. would have to be $7.89. That’s why our minimum wage by $1, we should take I am especially concerned that 59 per- last increase was a good start and why an extra year or 3 years instead of 2 to cent of those struggling on the min- this proposed increase is the next vital achieve this. imum wage are women. 6.8 million step to helping these working families What does that mean to the working person? If the Republican approach women—many of these single moth- rise out of poverty. should pass, it means $1,200. For some- ers—would benefit directly from this Overall, a slight increase in the min- one making $50,000 a year or $100,000, or increase. imum wage provides those who work These single mothers are doing their hard and play-by-the-rules an increased more, $1,200 hardly seems to be a grand amount of money to be worried over best. They are trying to raise two opportunity to succeed. If any of my when you stretch it over a period of kids—on average—on a below-poverty colleagues oppose this minimum wage time. But imagine if your income was income. And how does this Congress increase, I would ask them to consider only $10,000 a year on a minimum wage, support these struggling parents? By trying to live on $10,700 this year—not and what is at stake here is $1,200. The attacking programs like Medicaid, by just live on it—but try to raise a fam- Republican approach would short- cutting child care support, by taking ily on it. I think when you consider change those who go to work every sin- away funding for nutrition programs, this debate in those terms, the right gle day in America on a minimum wage and by taking actions that hurt work- thing to do becomes clear. by $1,200 as they stretch this out over ing families in need. It would be embarrassing if this Con- gress voted to raise its own salary but a 3-year period of time. These are the same group of people Of course, the bill does much more that Congress says it wants to keep off didn’t vote to let hard-working Amer- ican families work their way out of than address the increase in the min- of public support. imum wage. It also addresses some But how does this Congress support poverty. I urge my colleagues to vote to in- needed changes in tax law. these struggling parents? By cutting I support Senator KENNEDY’s ap- vital programs and fighting efforts like crease the minimum wage. Let’s show the American people that we have our proach. He does provide the kind of re- this one—an effort that will help them lief which small businesses need in work themselves above the poverty priorities straight. Mr. KENNEDY. I yield 10 minutes to order to find the tax relief to provide line. things for their employees. It is a pro- This amendment does not eliminate the Senator from Illinois. Mr. DOMENICI. Will the Senator posal from Senator Chuck ROBB of Vir- jobs. It keeps people working—people ginia and Senator Max BAUCUS of Mon- who otherwise would be completely re- yield? Mr. DURBIN. Yes. tana, a small business tax proposal liant on public support. Just a $1.00 Mr. DOMENICI. Mr. President, might which, among other things, finally puts raise would generate $2,000 in potential I ask, is the Senator speaking on his a 100-percent deduction for the health income for minimum wage workers. time on the Domenici amendment? insurance costs of self-employed peo- For an average family of four, that Mr. DURBIN. That’s correct. ple. The Senate and Congress have been means 7 months of groceries, 5 months Mr. DOMENICI. Mr. President, I ask moving toward this goal. This bill will of rent, or 13 months of health care ex- unanimous consent that, following the achieve it on the Democratic side, if it penses. distinguished Senator from Illinois, is passed. I reached my decision to support this Senator KAY BAILEY HUTCHISON be the It also provides assistance to small increase after very careful consider- next speaker on our side. businesses that provide child care. ation. I have listened to the concerns The PRESIDING OFFICER. Without Think about families, particularly sin- of small business owners from across objection, it is so ordered. gle mothers and single parents who my state, who shared with me their The Senator from Illinois is recog- have to worry every single day whether thoughts about this increase. nized. or not their kids are safe. This is an in- I am happy to say that most of the Mr. DURBIN. Mr. President, when centive for small businesses to provide businesses in Washington state are ex- the Senate returns tomorrow morning, child care facilities, a tax credit, one periencing unprecedented growth. our very first vote will be an important that can assist them and their workers. In fact, since the federal minimum one for literally millions of American In addition, there is a pension pack- wage was last increased in 1996–97, em- workers and families, and some 320,000 age which has been supported by Sen- ployment in Washington has grown. in Illinois, who are watching carefully ator GRAHAM, a Democrat of Florida, Since September 1996, 231,900 new jobs to see if this Senate is listening to and Senator GRASSLEY, a Republican of have been created in Washington America. It is the question of the min- Iowa. The Democratic package is not state—an increase of 9.5%. Washing- imum wage and whether or not it is only a well-balanced package providing ton’s economy is strong, and our low- going to be increased. child care health and retirement bene- wage workers should share in that suc- Senator KENNEDY has a proposal that fits for small businesses, but more im- cess. I support which calls for an increase in portant than anything, the Democratic

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.047 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14269 package is paid for. It is paid for. The and delay and delay it? The argument these folks are looking for a hand up. Republican package of tax changes is is often made that if you increase the They are working and need assistance not. minimum wage, you are going to lose and an increase in their minimum In other words, it is an extension of jobs. wage. I rise in strong support of the the possibility of debt. It is a promise Take a look at my home State of Illi- proposal by Senator KENNEDY. I hope that can’t be kept. The Democratic nois. Since the 1996 increase in the my colleagues on both sides of the aisle package is paid for. The Republican minimum wage, take a look at the real will join me. one is not. The Democratic package in- statistics: 268,100 new jobs since we last I yield the floor. creases the minimum wage over 2 years increased the minimum wage; 33,100 AMENDMENT NO. 2547 by $1 an hour, and the Republicans over new retail jobs, the area where most The PRESIDING OFFICER. The Sen- 3 years costing workers $1,200 by tak- minimum-wage jobs are found; unem- ator from Texas is recognized. ing the Republican approach. ployment is down 10 percent; and the Mrs. HUTCHISON. Mr. President, I I say to those who are working across unemployment rate is 4.7 percent. rise to support the Domenici substitute America that this is hardly what they As we increase the minimum wage, for the Kennedy amendment because I need. It is curious to me that only a we have not seen all of the things that think it strikes the balance we need to few weeks ago, the same Republican the Republicans tell us we should be have. We have a strong economy today. Party that cannot produce $1,200 for afraid of—afraid of losing jobs and cre- We want to make sure it stays strong. people who get up and go to work every ating chaos in the workplace. Exactly We are talking about a minimum wage day at minimum-wage jobs came before the opposite has happened across increase that is $1 over a period of 3 us with a $792 billion tax cut primarily America. Since we last raised the min- years. This should not be a shock to for wealthiest people in this country. imum wage, we have seen an economy the small businesses, the farmers, and Mr. DOMENICI. Mr. President, can moving forward. the ranchers who are concerned about we have order? The Senator deserves to Now the real test for this Senate is having base costs go up—not even peo- be heard. whether or not we are going to bring on ple who don’t pay minimum wage but The PRESIDING OFFICER. The Sen- board this ship as it moves forward the people who are concerned about paying ate will be in order. people who get up and go to work every at the higher levels and increasing the The Senator from Illinois. single day, the men and women who potential for inflation. I think stretch- Mr. DURBIN. I thank the Senator work in the convenience stores, who ing it out over 1 more year makes from New Mexico. make our beds in motels and hotels we sense. Mr. President, consider that only a stay in overnight, the folks who serve I also think we need to look at the few weeks ago, this Chamber was seri- our food and cook it in the kitchen. small business tax cuts we tried to give ously considering a $792 billion tax cut These are the invisible people who keep to small businesses in the tax cut pack- for some of the wealthiest people in America moving forward. But these in- age the President vetoed. We have America, and many people on the other visible people will be watching tomor- brought some of those back. It provides side of the aisle said that is good, wise row to see if this Senate is going to a balance of adding more to the work- policy. Alan Greenspan of the Federal give the minimum wage increase which ing person, especially the part-time Reserve didn’t think so. Frankly, the is so essential. worker, but also giving a little bit of I hope those on the Republican side people of America don’t think so. They tax help to the self-employed and small who are preaching fiscal integrity and told the Republican Party to keep this business people who might get hit by fiscal soundness will think twice about tax cut primarily for wealthy people. having the whole wage scale increased. voting for a bill that not only stretches Now comes a proposal from the Re- What we are looking for is balance. the minimum wage an extra year but publican side when it comes to the I will talk about a few of the tax cuts provides tax cuts without compen- working families that would cut out with which we are going to try to help sating offsets. What does that mean in $1,200 in income, $1,200 to a family small business. First is an amendment layman’s terms? The Republican pack- making about $10,000 a year. That is an from a bill I introduced that is called age doesn’t pay for the tax cuts that upside down priority. That is a priority the Bonus Incentive Act. Today, em- they are trying to enact. They have that forgets the real people who are ployers can give a performance-based some good ideas, I am sure. But it isn’t working in this country to make Amer- bonus to a person who is exempt, a sal- honest if you didn’t pay for them. ica strong. Eleven point four million aried employee, and that person will be What Senator KENNEDY and the workers would get a pay increase with Democrats have done, what we have able to take that bonus, pay their the Democratic Kennedy minimum said is when it comes to small business withholding taxes, and go on their wage increase package, and with this and the tax proposal, we have the merry way; an employer can’t do that proposed increase that Senator KEN- means of paying for them. And by and for an hourly employee. If they give a NEDY has proposed and I am sup- large, we are going to make sure that performance-based bonus to an hourly porting, it means over $2,000 a year for when the small businesses that enact employee, the employer has to go back people who are scraping to get by, pri- these increases in the minimum wage and figure the whole year’s wages and marily women who are in the minimum turn to us and say, are you listening to refigure any overtime pay that has wage workforce, African-Americans, some of our other concerns, the answer been given to that employee. Many em- and Hispanics, people who go to work will be yes. We want to make sure you ployers say it is just not worth the every single day who understand the can deduct every single penny of your trouble, or they try to disguise the importance of work and deserve our re- health insurance premiums as every bonus as something else. spect for doing so. major corporation can. Self-employed Employers have come to Congress The vote tomorrow morning will be a people, farmers, and small businesses and testified they want to be able to measure of how much respect we have deserve the same benefit: Make sure reward hourly employees for good serv- for them. This $2,000 increase for these that there is a facility available for ice. At the House Education and Work- workers can mean 7 months of gro- child care; make sure that a pension force Committee, Pam Farr, the former ceries, 5 months of rent, 10 months of package can be offered—things that senior vice president for Marriott utilities, tuition and fees at a commu- will help small businesses extend op- Lodging, recently testified that Mar- nity college so one of their kids has a portunities for their workforce and cre- riott used game-sharing plans for cus- chance to even have a better and more ate better employee moral and produc- tomer service personnel that rewarded successful life. tivity. employees for friendly treatment of I say to the Senate this is a test. It I close by saying that this vote to- customers. Cordant Technologies, is a test as we wrap up this session morrow morning at 10:30 is a test of the which makes solid rocket boosters for about where our values will be. Will Senate’s will and the Senate’s values. I the space shuttle, rewards their work- they be with these working families? hope that we will stand by people who ers for reaching goals, for workplace Will we make certain they get an in- go to work every single day. safety, indirect cost reduction, and crease in their basic wage or will we It is one thing to preach on the floor customer satisfaction. Many employers stand with those who want to delay it about people looking for a handout; are concerned about all the paperwork

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.094 pfrm01 PsN: S08PT1 S14270 CONGRESSIONAL RECORD — SENATE November 8, 1999 that would have to be prepared if they spouse and they don’t have a good increasing the minimum wage. Yet we gave this employment bonus. In other source of income. They go back to have against this background what the testimony from a human resources di- work, and they are penalized in their majority leader, Senator LOTT, said rector, it took 4 people 160 hours to cal- pension systems and their stability in about our proposal: culate the bonuses for 235 employees. their retirement years because they It will not go to the President. I can guar- What has been incorporated into the lost all those years that would allow antee you that. Domenici amendment makes it easy them to start building that pension So the American people ought to un- for employers to give performance- plan. derstand no matter how they might based bonuses to hourly employees. Women who leave the workforce to agree with us and are convinced of both There is no reason we should have a raise their children and then come the importance and the fairness of the big, mumbo-jumbo set of regulations back are penalized in this society. issue, that is the position of the major- that make it difficult. We want to These are the people who need retire- ity leader. That is part of the difficulty make it easier for those employees to ment stability the most. These are the and the complexity we have been fac- be rewarded for merit. people who live the longest and who ing over this whole year. There has Other tax relief in this bill is an don’t have the same opportunity for a been this unalterable opposition to any above-the-line real deduction for pension plan because they haven’t been break for the hardest working Ameri- health insurance expenses for individ- able to establish a pension over the cans, the ones at the lower rung of the uals who don’t have health care cov- years because they have stayed home economic ladder. Even if we are able to erage. I know people who don’t have in- and raised their children. somehow be successful in winning this surance who have huge medical bills. Senator DOMENICI’s amendment al- tomorrow morning, it is not going to Why shouldn’t they be able to deduct lows women over 50 who are coming go to the President. He is going to use all of their medical expenses if they back into the workplace to make up every effort he possibly can to defeat don’t have employer-provided insur- the payments they have lost when they this. ance coverage? It also provides 100-per- left the workplace. The Domenici Earlier this evening, the Senator cent deductibility for health care in- amendment is a good amendment. It is from Oklahoma, Senator NICKLES, surance for the self-employed. a balanced amendment. It provides a pointed out CBO estimates of a loss of I think it should be the goal of every- minimum wage increase over a 3-year 100,000 to 500,000 jobs. Those are abso- one in this Chamber to encourage em- period, and it gives help and relief to lutely identical figures to what they ployers to be able to give health insur- the small businesses of our country said when we raised it in 1996 and 1997. ance to their employees and for the that are going to be hit by the min- They were found to be completely inac- self-employed or the individual to buy imum wage increase. This will offset it. curate. health insurance. Why wouldn’t we These are good reliefs. It is relief for I ask unanimous consent to have give incentives for people to buy health health insurance coverage. It is relief printed in the RECORD the references to care insurance? We have been talking for people who have medical expenses, 27 different studies that have been done about that for the last 5 years. Why who don’t have health care coverage. It nationwide, looking at the economic don’t we put our incentives where they is relief for small business expensing, impact of the last increase in the min- can make a difference? relief for women who are discriminated imum wage that will indicate posi- It also accelerates an increase in against in the pension systems when tively that there has been an expansion small business expensing. This is par- they leave the workplace to raise their of employment. ticularly helpful for farmers with di- children and then cannot continue to There being no objection, the mate- rect expensing and accelerating the ex- contribute to their retirement systems. rial was ordered to be printed in the pensing, especially for small busi- It reduces the Federal unemployment RECORD, as follows: nesses. It reduces the Federal unem- tax that is a huge burden on small STUDIES THAT CONCLUDE A MODERATE IN- ployment tax that small businesses pay businesses, and it makes permanent CREASE IN THE MINIMUM WAGE DOES NOT COST JOBS from 0.8 percent to 0.6 percent. It the Work Opportunity Tax Credit, the Belman, Dale, and Paul Wolfson. 1998. ‘‘The makes permanent the work oppor- credit that gives a $2,400 tax credit to tunity tax credit. This is a very impor- Minimum Wage: The Bark Is Worse Than people who hire people off welfare. The Bite.’’ Working Paper. tant tax credit that is an incentive for I urge my colleagues to support this lll and lll. 1997. ‘‘A Time Series people to hire people off welfare. It balanced approach, giving help to the Analysis of Employment, Wages, and the gives a tax credit of up to $2,400 for workers, giving help to the small busi- Minimum Wage.’’ Working Paper. wages paid to employees who are hired ness people who may be affected by Bernstein, Jared, and John Schmitt. 1997. right off the welfare rolls. We think this added expense in their business. It ‘‘The Sky Hasn’t Fallen: An Evaluation of this is a wonderful opportunity to give the Minimum-Wage Increase.’’ Economic is a fair approach. It is a balanced ap- Policy Institute Briefing Paper. the people whom we want to give a proach. I think it will have the best lll and lll. 1997. ‘‘Estimating the chance at contributing to their fami- chance to keep our economy strong by Employment Impact of the 1996 Minimum lies, coming off welfare, to have that keeping the people in business who are Wage Increase Using Deere, Murphy, and incentive for the employer to hire the creating the jobs that keep this econ- Welch’s Approach.’’ Economic Policy Insti- person off welfare and give that person omy going. We want more opportunity tute Working Paper. that first chance to be a contributing for more workers, and that is what this Burdett, Kenneth, and Dale Mortensen. member of society. 1989. ‘‘Equilibrium Wage Differentials and amendment will do. Employer Size.’’ Discussion Paper, No. 860. These are some of the tax relief parts I urge support for the Domenici Evanston, IL: Northwestern University Cen- of the bill I think are so important. amendment. ter for Mathematical Studies in Economics There is one more area I want to talk I yield the floor. and Management Science. about because it is my amendment. The PRESIDING OFFICER. The Sen- Card, David. 1992. ‘‘Using Regional Vari- This is an amendment I have intro- ator from Massachusetts. ation in Wages to Measure the Effects of the duced before. It was in the bill the Mr. KENNEDY. Mr. President, how Federal Minimum Wage.’’ Industrial and President unfortunately vetoed. In much time do we have remaining? Labor Relations Review, 46:22–37. lll. 1992. ‘‘Do Minimum Wages Reduce fact, I introduced this bill 2 years ago. The PRESIDING OFFICER. The Sen- Employment?’’ A Case Study of California, It allows women over 50 to have make- ator has 17 minutes. 1987–1989.’’ Industrial and Labor Relations up payments to their pension plans. Mr. KENNEDY. Mr. President, I yield Review, 46:38–54. How many women do we know who myself 7 minutes. lll, and Alan Krueger. 1994. ‘‘Minimum have left the workforce to have their Mr. President, I think it is probably Wages and Employment: A Case Study of the children or to raise their children until appropriate the Senate take a moment Fast-Food Industry in New Jersey and Penn- they go into elementary school, or per- to look at what the majority leader has sylvania.’’ American Economic Review, 84:772–93. haps they stay home and raise their stated about increasing the minimum lll and lll. Myth and Measurement: children all the way through high wage. Over the course of the afternoon, The New Economics of the Minimum Wage school; then they come back into the we have had a number of speakers who (Princeton, NJ: Princeton University Press, workforce. Perhaps they lose their have made a powerful case in favor of 1995).

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.096 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14271 lll and lll. 1999. ‘‘A Reanalysis of the care and attention to the elderly. I see ken by the proponents of this amend- Effect of the New Jersey Minimum Wage In- our good friend from Connecticut who ment. They tucked this right into their crease on the Fast-Food Industry with Rep- has been a leader in establishing day particular proposal. resentative Payroll Data.’’ Princeton Uni- care. The turnover that is taking place Mr. WELLSTONE. Will the Senator versity Industrial Relations Section Work- in the day-care centers is very similar. yield for a question? ing Paper #393. Mr. KENNEDY. I yield for a question. Connolly, Laura, and Lewis M. Segal. 1995. It is not quite as high but very dra- ‘‘Minimum Wage Legislation and the Work- matic. These are our children. This is Mr. WELLSTONE. I am listening to ing Poor.’’ Working Paper. our future. This is as a result of failing this for the first time. This has not Dickens, Richard, Stephan Machin, and to provide an adequate increase in the been a part of this debate. There are 73 Alan Manning. ‘‘The Effects of Minimum minimum wage. million Americans right now who are Wages on Employment: Theory and Evidence There are two final points I want to entitled to overtime pay. Is the Sen- from the UK.’’ NBER Working Paper No. raise with regard to the Republican ator saying part of the Republican 4742, Cambridge, MA, 1994. amendment effectively repeals the Freeman, Richard. 1994. ‘‘Minimum proposal. As has been mentioned earlier, the effect of the Republican pro- overtime pay provisions of the Fair Wages—Again!’’ International Journal of Labor Standards Act, which act has Manpower, 15:8–25. posal will mean that 3 years from now, Grenier, Gilles, and Marc Seguin. 1991. the average minimum-wage worker been in effect for 60 years? This is a ‘‘L’incidence du Salaire Minimum sur le will have made $1,200 less—$1,200 less— cornerstone of fairness for working Marche du Travail des Adolescents au Can- than they would have if we had passed families in this country. Is that what ada: Une Reconsideration des Resultats the Daschle proposal. That is a lot of the Senator is saying? Empiriques.’’ L’Actualite Economique, Mr. KENNEDY. This Senator is say- money for working Americans. That is 67:123–43. ing there will be an overtime payment, 5 months of rent, a year of tuition, 6 Katz, Lawrence, and Alan B. Krueger. 1992. but the overtime payment will be cal- months of utilities. This is important ‘‘The Effect of the Minimum Wage on the culated in a way that will diminish, in to hard-working Americans, make no Fast Food Industry.’’ Industrial and Labor a significant way, the actual overtime Relations Review, 46:6–21. mistake about it. workers should be entitled to and the Klerman, Jacob. 1992. ‘‘Study 12: Employ- It might not mean a lot to Members way it has been computed for the last ment Effect of Mandated Health Benefits.’’ of the Senate who have just voted 45 years. It is a dramatic change in the In Health Benefits and the Workforce, U.S. themselves a $4,600 pay increase. We Fair Labor Standards Act. Department of Labor, Pension, and Welfare are not deferring that pay increase for Benefits Administration. Washington, D.C.: The Supreme Court has said, as I U.S. Government Printing Office. Senators 2 years or 3 years. We are say- said, if that provision had been accept- Lang, Kevin. 1994. ‘‘The Effect of Minimum ing the minimum wage ought to be ed when it was offered in 1945, it effec- Wage Laws on the Distribution of Employ- over a 2-year period. But our Repub- tively emasculates the overtime provi- ment: Theory and Evidence.’’ Unpublished lican friends say, no, let’s spread it sion of the Fair Labor Standards Act. paper. Boston University, Department of Ec- over 3 years. We are not doing that The overtime words will be there, there onomics. with regard to our pay increase. Lester, Richard. 1964. Economics of Labor. will be a base pay that they will pay I hope when Members go back and overtime on, but not the way they are (New York: Macmillian). talk to their constituents, they are Machin, Stephen, and Alan Manning. 1994. being paid now. The Republican pro- ‘‘The Effects of Minimum Wages on Wage able to justify why we were worth posal will undermine, in a significant Dispersion and Employment: Evidence from $4,600 more this year while saying no to and dramatic way, the way that hourly the U.K. Wage Councils.’’ Industrial and hard-working Americans—they are not workers are being paid in the United Labor Relations Review, 47:319–29. worth 50 cents more next year and 50 States. Rosenbaum, Paul. ‘‘Using Quantile Aver- cents more the year after. Mr. WELLSTONE. Mr. President, one ages in Matched Observational Studies.’’ Finally, I want to mention one very final question for the Senator. If com- Working Paper. important aspect of the Republican lll. ‘‘Choice As An Alternative To Con- panies are going to now be able to proposal that has not been addressed. make the payment in bonuses and do trol in Observational Studies,’’ Working I yield myself 2 more minutes, Mr. Paper. an end run, basically, around the Fair Siskind, Frederic. 1977. ‘‘Minimum Wage President. Labor Standards Act, which is so im- Legislation in the United States: Comment.’’ With this particular chart, we illus- portant to 73 million Americans who Economic Inquiry, January: 135–38. trate what we have been facing over right now are entitled to that overtime Spriggs, William. 1994. ‘‘Changes in the this past year with regard to the Re- pay, then am I not correct that what Federal Minimum Wage: A Test of Wage publican attack on working families: the Republicans are proposing is not a Norms.’’ Journal of Post-Keynesian Econom- Resisting a pay increase with the min- ics, Winter 1993/94, pp. 221–239. step forward, it is a great leap back- imum wage; balancing the budget on ward; that this overturns 60 years of Wellington, Allison. 1991. ‘‘Effects of the the backs of the working poor. Gov- Minimum Wage on the Employment Status sweat and tears of workers’ commit- of Youths: An Update.’’ Journal of Human ernor Bush pointed that out. You do ment to getting a fair pay for fair Resources, 26:27–46. not have to hear it from Democrats. work, including overtime work? Wessels, Walter. 1994. ‘‘Restaurants as We have seen some retreat on that by They give a minimum wage increase Monopsonies: Minimum Wages and Tipped the Republican leadership. Then pro- with one hand and then they basically Services.’’ Working Paper. North Carolina viding pensions for the wealthiest indi- repeal part of the Fair Labor Standards State University. viduals as they do under this proposal; Act with the other hand. People need Wolfson, Paul. 1998. ‘‘A Re-Examination of blocking workers’ rights to organize, to understand this, I say to the Sen- Time Series Evidence of the Effect of the the salting bill; and undermining work- Minimum Wage on Youth Employment and ator. Unemployment.’’ Working Paper. er safety, providing the waivers of pen- Mr. KENNEDY. The Senator is abso- Zaidi, Albert. 1970. A Study of the Effects alties for violations of OSHA; cutting lutely correct. It is one of the reasons of the $1.25 Minimum Wage Under the Can- workers’ pay. why we ought to have an opportunity ada Labour (Standards) Code. Task Force of You can say, where does that come to debate this in the light of day, not Labour Relations, study no. 16. Ottawa: in? Under the Republican proposal, under the time limit. We are forced to Privy Council Office. they recalculate how overtime is going take these time limits in order to at Mr. KENNEDY. Mr. President, per- to be considered. This has not been least have a vote on the minimum haps tomorrow we will be able to take done since 1945 when the proposal was wage. But this issue is too important the time to talk about what is hap- struck down by the Supreme Court to working families to be dismissed pening to minimum-wage workers. As I which said they basically, fundamen- lightly. I hope, for reasons I have out- mentioned earlier today, minimum- tally undermine the Fair Labor Stand- lined briefly, the amendment of the wage workers are teachers’ aides, nurs- ards Act. If you take the Republican Senator from New Mexico will not be ing home aides. Nursing home aides proposal on recomputing overtime, ef- accepted. have a 94-percent turnover. The prin- fectively you are undermining what The Senator from Connecticut de- cipal reason for the turnover is because many workers would be able to receive sires time. I know the Senator from they are paid so poorly. They are the with an increase in the minimum wage. Iowa wants time. Mr. President, how people working to try to provide some There has not been a word of that spo- much time remains?

VerDate 29-OCT-99 04:36 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.025 pfrm01 PsN: S08PT1 S14272 CONGRESSIONAL RECORD — SENATE November 8, 1999 The PRESIDING OFFICER. The Sen- the bottom 20 percent, you have actu- prehensive pension reform legislation— ator has 7 minutes 50 seconds. ally seen a decline in your earning S. 741, The Pension Coverage and Port- Mr. KENNEDY. I yield 5 minutes to power in the last 20 years. ability Act. Many of the provisions in the Senator from Connecticut. While we herald the great success of S. 741 were included in the vetoed Tax- Mr. DODD. Mr. President, I thank my the economy with the lowest unem- payer Refund Act of 1999. Now, those colleague for yielding this time. I com- ployment rates in years, we need to re- provisions have been included as part mend him for his leadership on the mind ourselves that for a lot of our of the Republican minimum wage minimum wage issue. There is so much citizens from Maine to California who amendment. to talk about concerning the proposal work every day at the bottom levels of Experts say that, ideally, pension of the Senator from Massachusetts and the economic ladder in this country, it benefits should comprise about a third the distinguishing features between has not been a great period for them. of a retired worker’s income. But pen- that and what is being offered on the We talk about 50 cents, $1 over 2 sion benefits make up only about one- other side. years. What better way to welcome the fifth of the income in elderly house- We are talking about a 50-cent in- new millennium, than to say to 11.4 holds. Obviously, workers are reaching crease over the next 2 years, as opposed million workers in this country: We retirement with too little income from to a 35-cent increase in year one and recognize your contributions to the an employer pension. Workers who are year two and a 30-cent increase in year success of this country by giving you a planning for their retirement will need three. But there is an added feature to $1 increase over the next 2 years. more pension income to make up for a the Republican proposal on which some What does that amount to? How lower Social Security benefit and to may not have focused. While they are about 7 months of groceries; 5 months support longer life expectancies. While suggesting approximately 33 cents a of rent for the average minimum-wage we have seen a small increase in the year for minimum-wage workers, there worker; 10 months of utility bills; number of workers who are expected to is also roughly a $75 billion tax cut, the 1 about 1 ⁄2 years of tuition and fees at a receive a pension in retirement, only bulk of which goes to the top income community college. one half of our workforce is covered by earners of the country. That is part of Mr. President, $1 over 2 years may a pension plan. their minimum wage package. not seem like a lot, but if you multiply It is somewhat ironic that we are that at a 40-hour workweek, 52 weeks a There is a tremendous gap in pension talking about a 30-cent to 35-cent in- year, that dollar makes a huge dif- coverage between small employers and crease for the lowest paid workers in ference to some of the lowest paid large employers. Eighty-five percent of the country instead of 50 cents, and we workers in America. Again I mention, the companies with at least 100 work- are going to have a $75 billion tax cut, there are 11.4 million workers who will ers offer pension coverage. Companies the bulk of which goes to the top indirectly benefit from the Kennedy pro- with less than 100 workers are much come earners in the country. posal to increase the minimum wage. less likely to offer pension coverage. By the way, there is no offset for the The PRESIDING OFFICER. The Sen- Only about 50 percent of the companies $75 billion tax cut. We do not know ator has used his 5 minutes. with less than 100 workers offer pen- where the money comes from to pay for Mr. DODD. I ask for 1 additional sion coverage. Small employers who that. We heard a lot of speeches in the minute. may just be starting out in business last couple of weeks about not dipping Mr. HARKIN. I yield 1 minute. are already squeezing every penny to into the Social Security trust funds. Mr. DODD. Seventy percent of the make ends meet. These employers are One basic question is, From where does workers who would benefit are over the also people who open up the business in the $75 billion come? How are we pay- age of 20; 59 percent are women; 46 per- the morning, talk to customers, do the ing for that? I have yet to hear any- cent of these people have full-time marketing, pay the bills, and just do body explain from where it is going to jobs; 15 percent are African American; not know how they can take on the ad- come. I put that out for consideration 18 percent are Hispanic American; and ditional duties, responsibilities, and li- as we talk about these amendments 46 percent work in retail. abilities of sponsoring a pension plan. this evening. The great boom that has occurred in I firmly believe that an increase in It is extremely important for a lot of our economy has been magnificent for the number of people covered by pen- people that we increase the minimum those at the upper-income levels. Un- sion plans will occur only when small wage; 11.4 million people will actually fortunately, after-tax income has re- employers have more substantial in- get a pay raise if the minimum wage mained relatively flat for those in the centives to establish them. The pension increase goes into effect. Some may middle, and actually declined for those provisions contained in the minimum say the economy has been so great, ev- in the bottom 20 percent. wage amendment offered by Senator eryone is doing so well, why do people This minimum wage increase will DOMENICI would provide more flexi- at the minimum-wage level need to make a difference to some of the hard- bility for small employers, relief from have any increase at all? est working people in this country. I burdensome rules and regulations, and While the economy has been fabulous hope by tomorrow when this issue a tax incentive to start new plans for and unprecedented historically, not ev- comes for a vote, a proposal to increase their employees. These reforms would erybody in America has been the bene- the minimum wage, not smuggle a $75 create new retirement plans which ficiary of this great prosperity. For a billion tax cut without paying for it, would help thousands of workers build lot of Americans in the bottom 20 per- will be the choice of the Senate. a secure retirement nest egg. cent of income earners, things have I yield the floor. been rather stagnant. This income The PRESIDING OFFICER. The Sen- The amendment also contains provi- group has not seen the kind of tremen- ator from Iowa. sions which promote new opportunities dous increase in their earning power as Mr. GRASSLEY. Mr. President, how to roll over accounts from an old em- have the top 1 percent of households. much time remains on this side on the ployer to a new employer. The lack of The top 1 percent of households is ex- minimum wage issue? portability among plans is one of the pected to gain 115 percent in after-tax The PRESIDING OFFICER. Thirty- weak links in our current pension sys- income as compared to an only 8-per- nine minutes 39 seconds. tem. This amendment contains tech- cent gain for the middle fifth of house- Mr. GRASSLEY. I yield myself such nical improvements which will help holds in America. In contrast, the low- time as I might consume. ease the implementation of portability est fifth of households experienced a 9- Mr. GRASSLEY. Mr. President, I rise among the different types of defined percent decline during the same period, today in support of the pension reform contribution plans. from 1977 through 1999. provisions which have been included in There has been criticism that the If you were doing well in America in the minimum wage and business tax benefits of pension reform legislation 1977, then you are doing even better amendment sponsored by colleague would largely be directed toward the today. If you are in the middle in Senator DOMENICI. rich. However, to the contrary, evi- America, you have had a slight in- Earlier this year I cosponsored with dence suggests that pension benefits crease of about 8 percent. If you are in Senator Bob GRAHAM of Florida, com- largely benefit middle class workers.

VerDate 29-OCT-99 04:36 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.101 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14273 Over 75 percent of current workers par- To a large extent, the numbers speak The bill we bring to the floor today ticipating in a pension plan have earn- for themselves—the number of bank- attempts to restore some balance to ings of less than $50,000. Among mar- ruptcy filings has exploded in recent those assumptions, to require more re- ried couples nearly 70 percent of those years, reaching a record 1.4 million last sponsibility on the part of those who receiving a pension had incomes below year. That’s on top of double-digit in- seek the protection of bankruptcy. $50,000. Among widows and widowers, creases in the number of consumer But some of my colleagues will argue over 55 percent of pension recipients bankruptcy filings for most of this dec- during this debate that the source of had incomes below $25,000. ade. This record was set in a time of this problem is not really the operation Furthermore, there are provisions in the best economic conditions our coun- of our bankruptcy laws, but what they the amendment specifically designed to try has ever seen—the lowest per- call ‘‘irresponsible’’ lending. Credi- help rank-and-file workers earn mean- sistent unemployment and inflation, tors—especially the aggressive credit ingful benefits. Provisions such as re- the highest sustained growth, wide- card companies—are pushing debt onto ducing the vesting period for employer spread income gains, and a booming people, and that is what is driving peo- matching contributions in defined con- stock market. ple into bankruptcy. tribution plans and eliminating the These are not the conditions that we Now, I am sure all of us are tired of twenty-five percent of compensation normally associate with the kind of those millions—actually billions—of limit on combined employer and em- widespread financial distress that credit card solicitations that come ployee contributions to defined con- could trigger a wave of bankruptcy fil- through the mail every year. But I ask tribution plans. ings. my colleagues to reflect for a moment Finally, let me say there is a prece- This tells me—and a lot of others, as on what the alternative to widely dent for including reforms to the em- well—that there is something wrong available consumer credit would be. ployer provided pension system with an with the way our consumer bankruptcy When I first came to the Senate, we increase in the minimum wage. Three code operates today. Simply put, too were fighting against lending practices years ago we increased the minimum many people are finding it too easy too that ‘‘red-lined’’ whole neighborhoods, wage from $4.25 to $5.15 as part of the easy to walk away from their legiti- Mr. President, in which banks would Small Business Job Protection Act of mate obligations by filing for bank- simply decide that some people were 1996. Included in that legislation were a ruptcy. When that happens, somebody not worthy of credit, that they were in- number of reforms to the employer- else pays the bill. capable of managing their own affairs. provided pension system. One in par- In the past year, a number different A lot of us in Congress saw that as just ticular, was the creation of the SIM- studies have looked at just how big plain wrong, and we worked to change PLE pension plan—which has expanded that bill can be. These studies have it. coverage to thousands of employees of been conducted by all sides in the de- One of the things we did, in 1977, was small businesses who otherwise might bate, including the credit industry and to pass the Community Reinvestment not have been able to participate in a the bankruptcy bar. The study con- Act, that requires banks to lend into pension plan. ducted by the Department of Justice local communities where incomes may We have an opportunity to improve concluded that American businesses be lower or the risks of repayment the incomes of the lowest paid mem- lose $3.2 billion annually to bank- higher than bankers might prefer. bers of the American labor market, and ruptcies filed by individuals who have We just passed an historic overhaul to improve retirement security for mil- the capacity to repay their debts. of our country’s banking laws. The Fi- lions of workers and their families. I The size of the bankruptcy problem— nancial Services Modernization Act support my colleague’s efforts, and en- both the number of filings and the took many years of hard work to com- courage others to do the same. dead-weight losses to our economy— plete. Among the most contentious Mr. BIDEN. Mr. President, I am was the foundation for last year’s over- issues was the treatment of the Com- pleased to join with my colleagues, whelming Senate support for reform. munity Reinvestment Act. Senator GRASSLEY and Senator The principle behind the reforms we In fact, President Clinton threatened TORRICELLI, in bringing bankruptcy re- bring to the floor today is simple, Mr. a veto of that bill if the principles of form legislation before the Senate President—if you file for the protection the Community Reinvestment Act today. of bankruptcy, one basic question will were not protected in the final deal. Senator GRASSLEY is the Senate’s ac- be asked: do you have the ability to Those principles boil down to the idea knowledged leader on this issue, in pay some of your bills, or not? that everyone deserves access to credit, every sense of the word. He has made If the facts—looking at your income and it is the policy of this country that reform of our bankruptcy code his on the one hand, and the bills you have banks must not unfairly restrict cred- cause, and he has stayed the course, to pay on the other—show that you can it, despite what they think is the best through the last session of Congress pay, then you must file under Chapter way to maximize returns and minimize and again this year, to bring us to 13, that requires a period of at least the risks on their loans. where we are today. partial repayment before you are for- Now, I am not here to argue that the It is evidence of Senator GRASSLEY’s given your remaining debts. Under flood of credit card solicitations is part commitment that he has reached out such a Chapter 13 plan, you are not re- of some new social program by the to the ranking Democrat on his Sub- quired to sell off major assets such as credit card companies. Of course they committee, Senator TORRICELLI, to join your house or your car. are trying to make money. By the way, him in that effort. He certainly chose If the facts show that you simply it is also evidence of a lot of competi- the right man for the job. don’t have the income to under take a tion in the lending business, as well. Senator TORRICELLI has worked with Chapter 13 repayment plan, then the But when I hear my colleagues argue Senator GRASSLEY to bring the kind of protection of Chapter 7 is still there for about ‘‘irresponsible lending,’’ I hear balance to the bill before us today that you. Chapter 7, however, requires that echoes of those earlier debates about marked last year’s Senate floor a bill you sell off any significant assets, and red-lining. that was reported out of the Judiciary the proceeds go to your creditors. The ‘‘democratization of credit,’’ as Committee by a bipartisan, 14-to-4 Most Americans would agree that some people have called it, has risks, of margin. this is fair, and would be surprised to course. Some people will not use credit Last year, we brought to the floor a find that no test of someone’s ability responsibly. But the alternative to bill that passed the Senate 97 to 1—vir- to pay is required to get the protection widely available credit—passing laws tually unanimous agreement that our of Chapter 7. But in fact, as even the to cut back on credit to the kinds of bankruptcy code needs reform, as well strongest opponents of bankruptcy re- people we here in Washington have de- as consensus that reform must be fair. form admit, today pretty much all the cided just can’t be trusted to use it I would like to address both of those assumptions in the bankruptcy code wisely—that alternative is far, far, points today, Mr. President—the need are in favor of the filers, who can vol- worse, in my view. for reform, and the need for that re- untarily choose a Chapter 7 liquidation Should we do more to make sure that form to be balanced and equitable. or a Chapter 13 repayment plan. consumers are fully informed, and that

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.103 pfrm01 PsN: S08PT1 S14274 CONGRESSIONAL RECORD — SENATE November 8, 1999 lenders disclose the full cost consumers child support—that are all too often ing been approved overwhelmingly by pay for credit? Of course we should, Mr. part of the picture in the financial and the Senate Judiciary Committee on a President. During our Committee de- personal distress that can lead to bank- vote of 14 to 4. In fact, similar bipar- liberations on this bill, we considered ruptcy. I want my colleagues to know tisan legislation in the House of Rep- proposals by Senator SCHUMER that just how much we have done to protect resentatives passed on May 5, by a lop- would have imposed requirements for family support payments—to protect sided vote of 313 to 108—an even greater more complete disclosure, in billing them much more than current law. margin than last year. and in advertising, by creditors. This bill will give alimony and child The bill would establish a presump- Because those issues are under the support payments the highest possible tion that a chapter 7 bankruptcy fil- jurisdiction of the Banking Committee, priority—over credit card companies, ing—what is generally known as we made the conscious decision to over department stores, over all other straight bankruptcy—should be dis- leave those provisions for an amend- creditors—when the line forms to col- missed or should be converted to Chap- ment here during the floor debate. lect payments from someone who is in ter 13 if, after taking into account se- That amendment will be among the bankruptcy. This bill also requires that cured debts and priority debts like first items of business on this bill. all alimony and child support must be child support and living expenses, the Should we do more to make sure con- paid in full before the final discharge of debtor could repay 25 percent or more sumers are informed about how to han- debts at the end of bankruptcy. These of his or her general unsecured debt, or dle debt, and how to avoid the ultimate are just two of the significant improve- $15,000, over a five-year period. The step of bankruptcy? Of course we ments in the treatment of alimony and debtor could rebut the presumption by should, Mr. President. The bankruptcy child support in this bill, and there are demonstrating special circumstances reform bill before us today calls for others. to show that he or she does not have a new initiatives in those areas, as well. The reform of our bankruptcy code is meaningful ability to repay his or her We look to the causes of bankruptcy as a complicated issue, and in the coming debts. part of a comprehensive approach to days we will be debating a lot of the I suspect that most Americans would reform. thousands of important details that are be surprised to find that this is not al- But to try to stem the tide of bank- involved. But if we keep our eye on the ready the norm. At the moment, bankruptcies by making credit harder to big picture—fundamental principles of ruptcy judges do not necessarily con- get, Mr. President, is a cure that will fairness, responsibility, and effective- sider whether a debtor has a demon- prove to be worse than the disease. ness—I am convinced that this bill will strable capacity to repay his or her I thought one of the most important enjoy overwhelming bipartisan support debts before granting Chapter 7 relief. aspects of last years’s Senate debate on final passage. Studies suggest that this means test was how, as we attempt to reduce the Mr. KYL. Mr. President, the Admin- we propose here would force between number of bankruptcy filings, to still istrative Office of the U.S. Courts re- three percent and 15 percent of debtors make sure that we continue to provide leased a report in August that included to pay more to creditors. This rep- the full protection from creditors and some good news and some bad. On the resents a relatively small number of the fresh start that many Americans one hand, the report indicated that debtors, but they are the ones who will continue to require and deserve. bankruptcy filings for the 12-month pe- have the means to repay, and fairness For many of my colleagues, particu- riod ending June 30, 1999 were down, al- dictates that they do so. larly on my side of the aisle, that has beit slightly—about 0.3 percent. On the In short, the bill would steer individ- been the real focus of the debate over other hand, it noted that the number of uals with the ability to repay some or bankruptcy reform, and it should be. petitions filed still represented a 62.2 all of their debts into Chapter 13 repay- I know that many of my colleagues percent increase over the same period ment plans, while preserving access to are concerned that the means test in ending in 1995. Chapter 7 for those who truly need its this bill, that determines a bankruptcy Extraordinary circumstances can protection and the fresh start it would filer’s ability to pay, will be unfair to strike anyone, which is why it is im- provide. This is a reasonable and bal- those who really need the full protec- portant to preserve access to bank- anced approach. tion from creditors and the fresh start ruptcy relief. No one disputes that Remember, when people run up debts that Chapter 7 has historically pro- there should be an opportunity to seek they have no intention of paying, they vided. In fact, however, the means test relief and a fresh start when someone shift a greater financial burden onto is intended to ensure that a repayment is struck by terrible circumstances be- honest, hard-working families in Amer- plan—under Chapter 13—will be re- yond his or her control—for example, ica. Estimates are that bankruptcy quired only of those individuals who when families are torn apart by divorce costs every American family more than actually have the documented ability or ill health. I suspect that creditors $400 a year. Treasury Secretary Law- to continue to pay some of their legal would be more than willing to work rence Summers acknowledged as much obligations. with someone when such tragedy during a recent hearing before the Fi- A range of studies from all sides in strikes to help him or her through nance Committee. When asked whether this debate has found that only 3 to 15 tough times. debt discharged in bankruptcy results per cent of filers under the current sys- But there is a good deal of evidence in higher prices for goods and services tem would be steered from the com- that too many people who file for relief as businesses have to offset losses, here plete protection of Chapter 7 into under Chapter 7 actually have the abil- is what he said: Chapter 13, where they will be required ity to pay back some, or even all, of Certainly there is a strong tendency in to continue payments on—and, I have what they owe. Inappropriate use of that direction, and also towards higher in- to stress, retain possession of—their Chapter 7, or straight bankruptcy, im- terest rates for other borrowers who are credit purchases. The means test is de- poses higher costs on the vast majority going to pay back their debt. signed to make sure that these new re- of consumers who make good on their So when we hear opponents of the sponsibilities will be required only of obligations. The Justice Department bill talk of their concern for con- those who have the resources to meet estimates these costs at about $3.2 bil- sumers, let us remember the cost that them. lion annually. This phenomenon of the abuse of bankruptcy law imposes The managers’ amendment that we bankruptcy for the sake of conven- on the vast majority of consumers who will bring to the floor will provide ad- ience—bankruptcy as a financial plan- responsibly abide by their obligations ditional refinements and safeguards to ning tool—is what led to the drafting and pay back their debts. What we make sure the means test achieves of the bill before us today. have here is really the most pro-con- that goal. The Bankruptcy Reform Act, S. 625, sumer bill we will consider this year. Another major concern that has been is the product of a number of hearings, I want to share with Senators a very expressed by my colleagues is that and months and months of delibera- good editorial that appeared in the bankruptcy reform will unfairly affect tions. This bill has been in the legisla- Tribune on May 24, 1999. I ask unani- women and children, who may depend tive process for several years now. It mous consent that the editorial be on family support payments—alimony, enjoys broad bipartisan support, hav- printed in the RECORD at this point.

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.029 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14275 There being no objection, the edi- that are fraudulently incurred could no the mess he has created there is a real poten- torial was ordered to be printed in the longer be discharged in Chapter 13—the tial for bankruptcy to become a serious im- RECORD, as follows: same as in Chapter 7. Again, I think pediment to protecting our citizenry. PICKING UP THE TAB most Americans would be surprised to Furthermore, she says: It’s quite possible you receive several so- find out that this is not already the We must all be concerned because bank- licitations a month for carpet-cleaning. But law. ruptcy is, in many ways, a challenge to the if you do, it’s unlikely you have someone Currently, at the conclusion of a normal structure of a civilized society. The clean your carpets that often. You know Chapter 13 plan, a debtor is eligible for economy functions based on the assumption when to say no. a broader discharge than is available in that debts will be paid, that laws will be It’s also likely that you receive several obeyed, that order to incur costs to comply credit card solicitations every month. But Chapter 7, and this superdischarge can with statutory obligations will be complied that doesn’t mean you sign up for every card result in several types of debts, includ- with, and that monetary penalties for failure and then run out and charge the limit. ing those for fraud and intentional to comply will apply and will ‘‘sting.’’ If Or does it? torts, being discharged whereas they those norms can be ignored with impunity, Consumer advocates seem to be of the could not be discharged in Chapter 7. and with little or no future consequences for opinion that Americans are all but helpless the debtor, this bodes poorly for the ability when credit card companies sing their siren The language of the bill tracks an amendment I offered last year, and of society to continue to enforce those re- song. That they are powerless to say no when quirements. the offers come in the mail or over the would simply add fraudulent debts to phone. And that when they get into financial the list of debts that are nondischarge- Mr. President, I hope there will be no trouble because of credit card debt, it’s not able under Chapter 13. It is as simple as dissent to these anti-fraud provisions. really their fault. that. Certainly, there should not be. Bank- That scenario is being played out more and Here is what the Deputy Associate ruptcy relief should be available to more often these days, and soaring bank- Attorney General, Francis M. Allegra, people who work hard and play by ruptcy figures prove it. In 1980, three out of rules, yet fall unexpectedly upon hard every 1,000 Arizona households sought pro- said about the dichargeability of fraud- tection under bankruptcy laws. In the sup- ulent debts in a letter dated June 19, times. Perpetrators of fraud should not posedly booming year of 1998, that number 1997: be allowed to find safe haven in the had jumped to 14. We are unconvinced that providing a (fresh bankruptcy code. Credit card debt is often a major factor. start) under Chapter 13 superdischarge to The second amendment I offered, When people wiggle out of paying their those who commit fraud or whose debts re- which was included in last year’s bill, debts, of course, someone else is left holding sult from other forms of misconduct is desir- and which is again in this year’s bill, is the bag—either their creditors, or the credi- able as a policy matter. also found in Section 314. It says that tors’ other customers, who have to fork over higher interest rates and fees to cover the Here is what Judge Edith Jones of debts that are incurred to pay non-dis- loss. Fifth Circuit Court of Appeals said in a chargeable debts are themselves non- Often bankruptcy is unavoidable. Loss of dissenting opinion to the report of the dischargeable. In other words, if some- income, health problems and other calami- Bankruptcy Review Commission: one borrows money to pay a debt that ties can quickly plunge even affluent fami- The superdischarge satisfies no justifiable cannot be erased in bankruptcy, that lies into hot water. social policy and only encourages the use of new debt could not be erased either. But often it is avoidable, and personal irre- Chapter 13 by embezzlers, felons, and tax The idea is to prevent individuals from sponsibility plays a part. dodgers. That’s why Congress is considering legisla- gaming the system and obtaining a dis- tion to tighten up bankruptcy laws so that Judith Starr, the Assistant Chief of charge of debt that would otherwise be people would be held more accountable for the Litigation Counsel Division of En- non-dischargeable. debts they incur. More people would be re- forcement of the Securities and Ex- I want to emphasize that we have quired to file under Chapter 13, which man- change Commission, testified before taken special care to ensure that debts dates repayment of certain debts, and fewer the House Judiciary Committee on incurred to pay non-dischargeable would be allowed to use Chapter 7, which is March 18, 1998. Speaking about the much easier on borrowers. debts will not compete with non-dis- The House already has passed the legisla- fraud issue, she said: chargeable child- or family-support in tion, with all six of Arizona’s lawmakers vot- We believe that, in enacting the Bank- a post-bankruptcy environment. ing for it. ruptcy Code, Congress never intended to ex- The third amendment of mine is re- Banks and credit card companies love the tend the privilege of the ‘‘fresh start’’ to flected in Section 310 of the bill, and it bill, of course. And some see a connection be- those who lie, cheat, and steal from the pub- is intended to discourage people from lic. tween big-business campaign contributions running up large debts on the eve of and the supposedly anti-consumer legisla- She goes on to say: bankruptcy, particularly when they tion. A fair consumer bankruptcy system should But the bill, in truth, is not anti-consumer. have no ability or intention of making help honest but unfortunate debtors get At least it’s not anti- the consumers who do good on their obligations. their financial affairs back in order by pro- pay their debts and who, because of higher viding benefits and protections that will help Current law effectively gives unscru- interest rates, have to cover the tab for the honest to the exclusion of the dishonest, pulous debtors a green light to run up those who don’t. and not vice versa. It is an anomaly of the their credit cards just before filing for Nor does it wash to blame the companies bankruptcy, knowing they will never for luring people into debt because of the in- current system that bankruptcy is often cessant barrage of credit card solicitations. more attractive to persons who commit be liable for the charges they are incur- Yes, there are a lot of them. It’s called ad- fraud than to their innocent victims. Bank- ring. That is wrong, and it has got to vertising. In a capitalist, market economy, ruptcy should not be a refuge for those who stop. that’s how companies make their products have committed intentional wrongs, nor The provision would establish a pre- available. It can be annoying, but it’s not should it encourage gamesmanship by failing sumption that consumer debt run up on wrong. to provide real consequences for abuse of its protections. the eve of bankruptcy is non-discharge- As with any product (beer, cigarettes, car- able. The provision is not self-exe- pet-cleaning), it falls on the individual con- And she concludes: sumer to make responsible choices. cuting. In other words, it would still We support [the provision of the House require that a lawsuit be brought by Those who don’t should not expect the rest bill] which makes fraud debts nondischarge- of us to clean up for the financial messes able in Chapter 13 cases. Inducements to file the creditor against the debtor so that they themselves create. under Chapter 13 rather than Chapter 7 a bankruptcy judge could consider the Mr. KYL. I want to stop at this point should be aimed at honest debtors, not at circumstances and assess the claim. and single out a few provisions of the those who have committed fraud. But if this provision achieves the in- bill for comment. These are provisions A final quotation: The Honorable tended purpose, debtors will not only that I believe illustrate the defi- Heidi Heitkamp, the Attorney General minimize the run-up of additional debt, ciencies in current law—provisions of North Dakota, testified to the fol- they will have more money available that demonstrate why this legislation lowing before the House Committee after bankruptcy to pay priority obli- represents common sense reform of the last year: gations, including alimony and child bankruptcy system. When a true ‘‘bad actor’’ is in the picture— support. The first provision appears in Section a scam artist, a fraudulent telemarketer, a Again, special care has been taken to 314 of the bill and provides that debts polluter who stubbornly refuses to clean up ensure that we are only talking about

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.031 pfrm01 PsN: S08PT1 S14276 CONGRESSIONAL RECORD — SENATE November 8, 1999 consumer debts incurred within 90 days broader bill and letting other debtors The Senator from New York [Mr. SCHUMER] of bankruptcy for goods or services off the hook for debts they are able to proposes, en bloc, the amendments numbered that are not necessary for the mainte- repay. That would only hurt women 2759, 2762, 2763, 2764, and 2765. nance or support of the debtor or de- and children in need by forcing them to The amendments, en bloc, are as fol- pendent child. We want to be sure that bear the higher costs associated with lows: family obligations are met. such bankruptcy abuse. AMENDMENT NO. 2759 I will discuss one other aspect of the Mr. President, this is a good bill—a (Purpose: To make amendments with respect bill before closing, and that relates to bill that protects debtors who truly to national standards and homeowner the many provisions that Senators need relief, while also protecting the home maintenance costs) HATCH, GRASSLEY, and I crafted last interests of consumers who meet their On page 7, line 15, strike ‘‘(ii) The debt- year—and which have been improved obligations to creditors by repaying or’s’’ and insert the following: on in this year’s bill—to protect the in- ‘‘(ii)(I) Subject to subclause (II), the debt- their debts. It protects the interests of or’s’’. terests of women and children. women and children through a series of On page 7, line 21, strike the period and in- Nothing in the earlier versions of the new provisions. I hope my colleagues sert the following: ‘‘, until such time as the bill reduced the priority of, or any of will join me in voting for this fair and Director of the Executive Office for the the protections that are accorded to, balanced piece of legislation. United States Trustees issues standards child-support and alimony under cur- I yield the floor. under section 586(f) of title 28, at which time rent law. Nevertheless, concerns were Mr. HARKIN addressed the Chair. the debtor’s monthly expenses shall be the expressed that provisions of the legisla- The PRESIDING OFFICER. The Sen- applicable monthly expenses under standards tion might indirectly or even inadvert- ator from Iowa. issued by the Director under section 586(f) of title 28, and the applicable monthly (exclud- ently affect ex-spouses and children of Mr. HARKIN. Mr. President, paring payments for debts) expenses under divorce. Assuming that critics were op- liamentary inquiry. standards (excluding the national standards) erating in good faith—and because our First of all, under what order are we issued by the Internal Revenue Service for intent was always to ensure that fam- operating? Is there a time limit on re- the area in which the debtor resides, as in ef- ily obligations were met first—Sen- marks? fect on the date of the entry of the order for ators HATCH, GRASSLEY, and I crafted The PRESIDING OFFICER. There is relief, for the debtor, the dependents of the an amendment last year to remove any a time limit. The minority had 1 debtor, and the spouse of the debtor in a doubt whatsoever about whether minute 20 seconds. joint case, if the spouse is not otherwise a dependent. women and children come first. Mr. HARKIN. Further parliamentary ‘‘(II) In the case of a debtor who owns the As now written, the bill elevates the inquiry. debtor’s primary residence, the debtor’s priority of child-support from its cur- Once that time is exhausted, what monthly expenses shall include reasonably rent number seven on the priority list business will transpire, then, on the necessary costs of maintaining such primary for purposes of payment to number floor of the Senate? residence not included in subclause (I) of this one. Our amendment mandates that all The PRESIDING OFFICER. Further clause or clause (iii), including the reason- child support and alimony be paid be- amendments to the bill can be called ably necessary costs of utilities, mainte- fore all other obligations in a Chapter up by unanimous consent. nance and repair, homeowners insurance, Mr. HARKIN. Mr. President, I yield and property taxes, until such time as the 13 plan. It conditions both confirma- Director of the Executive Office for the tion and discharge of a Chapter 13 plan myself the—what is it?—1 minute 20 United States Trustees issues standards upon complete payment of all child seconds and ask unanimous consent under section 586(f) of title 28. support and alimony that is due before that I be permitted to speak for an ad- On page 14, after the matter between lines and after the bankruptcy petition is ditional 9 minutes, and it not be taken 18 and 19, insert the following: filed. It helps women and children off the majority’s time. (d) STANDARDS FOR ASSESSING CERTAIN EX- reach exempt property and collect sup- Mr. SCHUMER. Reserving the right PENSES.—Section 586 of title 28, United to object, and I will not object, but I States Code, is amended by adding at the end port payments notwithstanding con- the following: trary federal or state law. And it ex- have just worked out a unanimous con- ‘‘(f)(1) Not later than 1 year after the date tends the protection accorded an ex- sent request with the Senator from of enactment of this subsection, the Director spouse by making almost all obliga- Iowa about laying down some amend- of the Executive Office for the United States tions one ex-spouse owes to the other ments on the bill. Might I do that now? Trustees, in consultation with the Secretary non-dischargeable. Mr. HARKIN. How much time does of the Treasury, shall issue standards, spe- Many of us have heard the argument the Senator intend to take in laying cific and appropriate to bankruptcy, for as- by opponents of this bill that women down the amendments? sessing the monthly expenses of the debtor and children will be forced to compete Mr. SCHUMER. About 15 seconds for under section 707(b)(2) of title 11, for— ‘‘(A) the categories of expenses included with credit-card companies to collect me to ask unanimous consent to offer under the national standards issued by the resources from debtors, particularly them and then lay them aside. Internal Revenue Service; and once they emerge from bankruptcy. Mr. HARKIN. I yield my right to the ‘‘(B) the categories of expenses related to The provisions I just described answer floor, Mr. President, for the unanimous maintaining a primary residence not in- that concern. Moreover, I think it is consent that the Senator from New cluded in clause (ii)(I) or (iii) of section important to point out that the post- York be allowed to lay down his 707(b)(2)(A) of title 11, including expenses for discharge debtor generally does not amendments. And at the expiration of utilities, maintenance and repair, home- have the option to pay a credit-card that time, I ask unanimous consent owners insurance, and property taxes, for a debtor who owns the debtor’s primary resi- company before his or her former that I be recognized again for the dence. spouse anyway. More and more child minute 20 seconds, plus 9 additional ‘‘(2) In issuing standards under paragraph support is withheld from wages by the minutes. (1), the Director shall— state. In other words, child support ob- The PRESIDING OFFICER. Without ‘‘(A) establish set expense amounts at lev- ligations are paid before the non-custo- objection, it is so ordered. els that afford debtors adequate and not ex- dial parent or former spouse ever re- AMENDMENTS NOS. 2759, 2762, 2763, 2764, AND 2765, cessive means to provide for basic living expenses for the categories of expenses de- ceives his or her paycheck. If with- EN BLOC scribed in paragraph (1); and holding is not in place when the bank- Mr. SCHUMER. Mr. President, I ask ‘‘(B) ensure that such set expense amounts ruptcy is filed, it can be put in place unanimous consent to offer my amend- account for, at a minimum, regional vari- quickly under other provisions of the ments Nos. 2759, 2762, 2763, 2764, and ations in the cost of living and for variations pending bill. 2765 to the bankruptcy bill. I have a in family size.’’. If any of these provisions can be im- few others, but we need to work those On page 169, line 11, strike ‘‘(f)’’ and insert proved on further, I know that Sen- out with the Banking Committee. ‘‘(g)’’. ators HATCH and GRASSLEY, and myself The PRESIDING OFFICER. Without On page 169, line 13, strike ‘‘(f)’’ and insert ‘‘(g)’’. would be more than willing to modify objection, it is so ordered. On page 172, line 7, strike ‘‘(f)’’ and insert them. My concern is that we do not The clerk will report. ‘‘(g)’’. allow concern for women and children The assistant legislative clerk read On page 172, line 13, strike ‘‘(f)’’ and insert to become an excuse for opposing the as follows: ‘‘(g)’’.

VerDate 29-OCT-99 04:24 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.033 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14277

AMENDMENT NO. 2762 AMENDMENT NO. 2763 (1) in section 101— (Purpose: To modify the means test relating (Purpose: To ensure that debts incurred as a (A) by inserting after paragraph (10) the to safe harbor provisions) result of clinic violence are nondischarge- following: able) On page 11, insert between lines 2 and 3 the On page 9, insert between lines 17 and 18 following: On page 124, between lines 14 and 15, insert the following: (B) by inserting after paragraph (17) the the following: ‘‘(ii) A debtor against whom a judge, following: United States trustee, panel trustee, bank- SEC. 322. NONDISCHARGEABILITY OF DEBTS IN- ‘‘(17A) ‘estimated administrative expenses CURRED THROUGH THE COMMIS- ruptcy administrator, or other party in in- SION OF VIOLENCE AT CLINICS. and reasonable attorneys’ fees’ means 10 per- terest may not, for the reason specified in Section 523(a) of title 11, United States cent of projected payments under a chapter subparagraph (D), bring a motion alleging Code, as amended by section 224 of this Act, 13 plan;’’ and abuse of this chapter based upon the pre- is amended— AMENDMENT NO. 2765 sumption established by this paragraph, (1) in paragraph (18), by striking ‘‘or’’ at shall not be required to include calculations the end; (Purpose: To include certain dislocated that determine whether a presumption arises (2) in paragraph (19)(B), by striking the pe- workers’ expenses in the debtor’s monthly under this paragraph as part of the schedule riod and inserting ‘‘; or’’; and expenses) of current income and expenditures required (3) by adding at the end the following: On page 7, line 15, strike ‘‘(ii)’’ and insert under section 521. ‘‘(20) that results from any judgment, ‘‘(ii)(I)’’. On page 9, line 18, strike ‘‘(ii)’’ and insert order, consent order, or decree entered in On page 7, between lines 21 and 22, insert ‘‘(iii)’’. any Federal or State court, or contained in the following: On page 9, insert between lines 21 and 22 any settlement agreement entered into by ‘‘(II) In addition, the debtor’s monthly ex- the following: the debtor, including any damages, fine, pen- penses shall include the reasonably nec- ‘‘(D)(i) No judge, United States trustee, alty, citation, or attorney fee or cost owed essary monthly expenses incurred by a debt- panel trustee, bankruptcy administrator, or by the debtor, arising from— or who is eligible to receive or is receiving other party in interest shall bring a motion ‘‘(A) an actual or potential action under payments under State unemployment insur- alleging abuse of this chapter based upon the section 248 of title 18; ance laws, the Federal dislocated workers as- presumption established by this paragraph, ‘‘(B) an actual or potential action under sistance programs under title III of the Job if the debtor and the debtor’s spouse com- any Federal, State, or local law, the purpose Training Partnership Act (29 U.S.C. 1501 et bined, as of the date of the order for relief, of which is to protect— seq.) or the successor Workforce Investment have current monthly total income equal to ‘‘(i) access to a health care facility, includ- Act of 1998 (20 U.S.C. 9201 et seq.), the trade or less than the national or applicable State ing a facility providing reproductive health adjustment assistance programs provided for median household monthly income cal- services, as defined in section 248(e) of title under title II of the Trade Act of 1974 (19 culated (subject to clause (ii)) on a semi- 18 (referred to in this paragraph as a ‘health U.S.C. 2251 et seq.), or State assistance pro- annual basis for a household of equal size. care facility’); or grams for displaced or dislocated workers ‘‘(ii) For a household of more than 4 indi- ‘‘(ii) the provision of health services, in- and incurred for the purpose of obtaining and viduals, the national or applicable State me- cluding reproductive health services (re- maintaining employment. dian household monthly income shall be that ferred to in this paragraph as ‘health serv- Mr. SCHUMER. I ask unanimous con- of a household of 4 individuals, plus $583 for ices’); sent that the amendments be laid each additional member of that household. ‘‘(C) an actual or potential action alleging aside. On page 11, line 9, strike ‘‘(A)’’ and insert the violation of any Federal, State, or local The PRESIDING OFFICER. Without ‘‘(A)(i) except as provided under clause (ii),’’. statutory or common law, including chapter objection, it is so ordered. On page 11, insert between lines 14 and 15 96 of title 18 and the Federal civil rights laws Mr. SCHUMER. I yield the floor to (including sections 1977 through 1980 of the the following: the Senator from Iowa. ‘‘(ii) with respect to an individual debtor Revised Statutes) that results from the debt- or’s actual, attempted, or alleged— AMENDMENT NO. 2751 under this chapter against whom a judge, Mr. HARKIN. Mr. President. When I United States trustee, panel trustee, bank- ‘‘(i) harassment of, intimidation of, inter- ruptcy administrator, or other party in in- ference with, obstruction of, injury to, think of who the minimum wage interest may not, for the reason specified in threat to, or violence against any person— crease would benefit and why it is section 707(b)(2)(D), bring a motion alleging ‘‘(I) because that person provides or has needed—I don’t think of the teenager abuse of this chapter based upon the pre- provided health services; popping corn at the movie theater. sumption established by section 707(b)(2), the ‘‘(II) because that person is or has been ob- I think of the single mother of two, a United States trustee or bankruptcy admin- taining health services; or full-time cashier at the local grocery ‘‘(III) to deter that person, any other per- istrator shall not be required to file with the store, struggling to put dinner on the court a statement as to whether the debtor’s son, or a class of persons from obtaining or providing health services; or table and clothe her kids. She’s off wel- case would be presumed to be an abuse under fare, but still living far below the pov- section 707(b)(2); and ‘‘(ii) damage or destruction of property of a health care facility; or erty level. Right now, the minimum On page 11, line 19, strike ‘‘receiving’’ and ‘‘(D) an actual or alleged violation of a insert ‘‘filing’’. wage pays her less than $11,000 a year, court order or injunction that protects ac- On page 11, line 20, strike ‘‘filed’’. working 40 hours a week. cess to a health care facility or the provision If we really want to help parent suc- On page 14, strike lines 8 through 14 and in- of health services.’’. sert the following: ceed on their own, they need a fair ‘‘(5)(A) Only the judge, United States AMENDMENT NO. 2764 wage. Senator KENNEDY’S amendment trustee, bankruptcy administrator, or panel (Purpose: To provide for greater accuracy in would help us get there. trustee may bring a motion under section certain means testing) Today we have the opportunity to as- 707(b), if the current monthly income of the On page 7, line 9, after ‘‘reduced by’’ insert sure that 11.8 million American work- debtor and the debtor’s spouse combined, as ‘‘estimated administrative expenses and rea- ers are provided with a much needed of the date of the order for relief, when mul- sonable attorneys’ fees, and’’. and much deserved raise. Two-thirds of tiplied by 12, is equal to or less than— On page 7, strike line 24 through page 8, minimum wage workers are adults. ‘‘(i) the national or applicable State me- line 3, and insert the following: Nearly sixty percent are women. More dian household income last reported by the ‘‘(I) the sum of— than 1⁄3 are the sole breadwinners, like Bureau of the Census for a household of ‘‘(aa) the total of all amounts scheduled as equal size, whichever is greater; or the woman I spoke of. contractually due to secured creditors in Mr. President, it is a sad fact that in ‘‘(ii) in the case of a household of 1 person, each month of the 60 months following the the national or applicable State median date of the petition; and today’s booming economy and sky- household income last reported by the Bu- ‘‘(bb) any additional payments to secured rocketing executive pay, minimum reau of the Census for 1 earner, whichever is creditors necessary for the debtor, in filing a wage workers earn 19 percent less, ad- greater. plan under chapter 13 of this title, to main- justed for inflation, than minimum ‘‘(B) Notwithstanding subparagraph (A), tain possession of the debtor’s property that wage workers earned 20 years ago. The the national or applicable State median serves as collateral for secured debts; divided proposed increased would restore the household income for a household of more by wage floor to just above its 1983 level— than 4 individuals shall be the national or ‘‘(II) 60. which is a positive step despite the fact applicable State median household income On page 9, line 6, after ‘‘reduced by’’ insert last reported by the Bureau of the Census for ‘‘estimated administrative expenses and rea- that it would still be 13 percent below a household of 4 individuals, whichever is sonable attorneys’ fees, and’’. its 1979 peak. greater, plus $6,996 for each additional mem- On page 10, strike lines 12 and 13 and insert I believe that these workers are cen- ber of that household.’’. the following: tral to the U.S. economy and that they

VerDate 29-OCT-99 04:24 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.027 pfrm01 PsN: S08PT1 S14278 CONGRESSIONAL RECORD — SENATE November 8, 1999 should benefit from the recent surge in year and for the coming ten years so that prevents the use of income aver- economic growth—not be left behind. we do not eat into the funds we need to aging pushing a farmer into having to But, I keep hearing the same tired pay for Social Security and needed im- pay the Alternative Minimum tax. And argument echo in this chamber—that provements in Medicare as the baby it provides for a 10 year carryback for raising the minimum wage would cause boomers start retiring. It closes tax farmers that I have been advocating. widespread job loss. Critics need to find loopholes that allow some large compa- This would I believe it would be impor- another argument—because they’re nies to escape paying their fair share of tant to have the carryback provision wrong on this one—always have been. taxes by creating artificial accounting take effect for loses that occurred in Let’s look at what happened last gimmicks that have no purpose what- both 1998 and 1999. time: The Economic Policy Institute soever except shifting the burden of On the other hand, the Republican reported that in September 1996, one taxes from a company to average tax- tax amendment has a net cost of over month before the minimum wage in- payers or the public debt. $75 billion over the coming decade that creased from $4.25 to $4.75, the national I am very pleased that this amend- is not offset by closing tax loop holes unemployment rate was 5.2 percent. In ment includes the text of S. 1300, the or by other means. That means that December 1997, two months after the Older Workers Protection Act, which I the Republican proposal will have the second annual increase boosted the have sponsored. Across America, work- likely effect of cutting into the funds minimum wage to $5.15, the national ers have worked for companies antici- we need to protect Social Security and unemployment rate was 4.2 percent—a pating the secure retirement which is to preserve and improve Medicare. full point lower. More telling, retail their due and expectation under their That is a real problem under current trade jobs which disproportionately company’s pension plan. Now, as more projections of government revenues employ low wage workers, grew as fast Americans than ever before in history and costs. But it is even worse if we as jobs overall. approach retirement, some employers end up with a serious downturn in our A recent Business Week editorial are trying to cut their pension bene- economy. Some claim that the reason backed that up saying— fits. for these tax provisions is a desire to In a fast-growth, low-inflation economy, Under current law, a company cannot mitigate the costs of the minimum higher minimum wages raise income, not un- take away pension benefits that have wage increase on small employers. But, employment. already been earned. But, in a slight of the burden on Social Security and The workers who this amendment hand, when some companies change Medicare is three times the effect of would target are central to the econ- their pension plan making it less gen- the estimated effect of the version of omy—and they should benefit from the erous, they quietly, simply do not pay the minimum wage provisions in the incredible growth of our economy. anything into an employee’s account, Majority package. I know that there are proposals for a often for 5 years or more till the em- Many of the provisions are worthy of more gradual increase in the minimum ployee’s pension is ‘‘worn away’’ to the support, many are also in the Demo- wage—3 years instead of 2. This would lower value of the new plan. This wear cratic proposal where they are paid for. cut the income of a full-time, year- away is, I believe illegal under current It also contains some provisions that I around worker roughly $1,500 over age discrimination law. It certainly is support but which were not included in three years compared with the current a violation of the spirit of the law. This the Democratic proposal because of its proposal. The minimum wage has al- provision would clear, real protections cost. These include the tax benefits for ready lost a lot of ground with infla- for many thousands of workers who are health insurance and long term care. tion. The three-year proposal would having their pensions slashed without On the other hand, this proposal un- only hinder this effort to catch up. their knowledge. This measure elimi- fairly benefits the wealthy. For exam- There is another critical piece of nates wear away. It provides a com- ple, there is a $396 million cost to the Senator KENNEDY’s amendment—stop- pany must pay into an employee’s pen- government over 10 years to allow a ping the abuse of workers on U.S. land. sion account under a new pension plan person to increase the amount of It would apply the U.S. minimum wage without regard to higher accrued bene- money that can be received from a de- to the Commonwealth of the Northern fits that might have been earned prior fined benefit plan from $130,000 to Mariana Islands—the CNMI, also to plan change. $160,000 per year. Every penny of this known as Saipan. The local govern- The amendment also provides for nu- cost benefits those at the top of the in- ment’s current minimum wage there is merous provisions that help smaller come scale, not one of whom is making $3.10 an hour. This amendment would businesses and their owners that I sup- less than 10 times the minimum wage go a long way toward relieving some of port. These include: just from one retirement benefit! the egregious abuse and exploitation of 100 percent deductibility for self-em- Unfortunately, there are a large temporary foreign workers brought to ployed health insurance staring on number of provisions in the GOP plan the U.S. territory to work at the gar- January 1, that I have been working for that reduce the incentive for small ment factories—most of which are many years, businesses to set up a good pension owned by foreign interests. A tax credit for the start up costs of plan for their workers. The tax code The bottom line is this: All of Amer- a small company pension plan includ- provides about $130 billion a year in tax ica deserves a raise—that includes ing a 50 percent credit for the match benefits to promote pensions. The pur- those living and working in Saipan— that a small employer puts into a em- pose of that considerable public invest- and the 143,000 Iowans who would ben- ployee’s account during the first 5 ment is to provide incentives for people efit from the raise. years. This could really make a dif- to invest in pensions and for companies Profits and productivity are way up. ference; giving employers real incen- to fund pension plans for all of their There is room to give workers a wage tives to setting up quality pension workers, not just owners and key em- they deserve without hurting economic plans so crucial to workers retirement, ployees. Many small employers are growth. The rest of the economy a 25 percent tax credit for an employ- pushed by the law’s limits on what shouldn’t be doing better than the peo- er’s cost in setting up a day care cen- they can put into their own pension ac- ple who make it run. ter, Expanding the amount a small counts without providing benefits to So I urge my colleagues to support a business can expanse to 25,000, Exten- all employees to provide decent pen- raise in the minimum wage. It is the sion of the Work Opportunity Tax sion plans for their workers. The ma- right thing to do for women, for Amer- Credit and the related to Work Tax jority amendment reduces those re- ica’s families, and it is long overdue. Credit, Expanding the Low Income straints and will likely result in far The Kennedy amendment also in- Housing Tax Credit. But, I would have fewer employees getting pensions. That cludes a number of very important tax liked to see a far faster increase in the is bad public policy. provisions that I strongly support. One increase in this program than the Lastly, the majority amendment in- of the most important points about the amendment provided. The measure cludes provisions that provides signifi- tax provisions is that the new tax bene- contains a number of benefits of par- cant special interest loopholes in the fits are fully paid for. The cost of these ticular interest to farmers that I tax code. There is a provision regarding benefits are offset both for the coming strongly support including a provision ESOPs: employee stock ownership

VerDate 29-OCT-99 04:24 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.036 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14279 plans. The Treasury believes this provi- has been in 3 decades. Also in the Labor De- next increase, will go to families whose in- sion opens up a significant loophole for partment’s report, average hourly earnings come is $25,000 or less; that’s lower middle some taxpayers. If a high income self rose by only 1 penny last month to $13.37. income. . . . Those working poor households would get employed person or someone in a part- That is the average per hour. Next week, Congress considers a minmimum wage of $1 only 17 percent of the gain from raising the nership with others, arranges that all which could benefit perhaps those 10 million minimum wage. of the people that work with him and low-wage workers. Frankly, we have heard all kinds of his partners are considered employees But who are they? numbers on how many minimum-wage of another entity, then the partners Our Brooks Jackson has some answers that people we have in America. I am just can incorporate and form an ESOP. may surprise you. going to be rebutting their comments Under the provision in the amendment, He says: for a moment, and then I will tell the doctors could then defer all of the Who would be helped if the minimum wage Americans about our bill. income they desire, effectively as pen- went up to $6.15 cents? To get to the 10 million they are ban- sion income without any limit. So, if The answer is: tering around here on the floor, let me they each make $300,000 and one de- Not these workers. tell you where that comes from. Min- cides that he needs to spend only imum-wage earners are 1.6 million of $150,000 to live on, that high income The ones they have been talking this 10 million that is being bantered taxpayer could defer their taxes on the about. around. Workers making between the whole whopping $150,000 unspent. That Bob Seidner, owner, Classic Auto Salon: I present minimum wage and the new is outrageous. Why should we be put- wouldn’t even consider paying somebody wage of $6.15, under these amendments, ting these very generous loopholes in that level, because we’re not going to get the are 5.9 million. Workers making less level of employee. the tax code that allow a few to not Jackson: In today’s hot job market, Bob than the minimum wage and who are pay their fair share of taxes? They be- Seidner says he has to pay $8 an hour to get not going to be affected by the min- come a special class of taxpayers who an experienced car washer in Maryland. And imum wage because they are tip peo- only have to pay taxes on what they in his Atlanta restaurant, nobody stays at ple, or the like, are 2.7. spend and everything they save goes the minimum wage for long. So, in summary, 1.6 million are real- into the equivalent of a super IRA with They all move up rather rapidly. ly minimum-wage earners working all taxes deferred. That makes no sense Greg Vojnovic, Restaurant owner: If you under the minimum wage as a means of at all. look at the economy today, there is so much recompense for an hour’s work. None- We need tax provisions that are de- pressure on the labor marketplace that you theless, we have an amendment that I signed to promote the creation of pen- can’t pay anybody a minimum wage for any believe is far superior to the Democrat sions for the average employee making period of time. Our typical dishwasher, who amendment. I am very pleased to have $25,000 or $50,000, not creating special is typically the lowest position, is making been part of putting it together. We provisions only of interest to very high [more than the minimum wage today. In want to raise the minimum wage to income taxpayers that actually reduce fact, he is making] $7 an hour. keep steadily ahead of inflation, and it Jackson: So who would be helped? Experts their interest in setting up pension say fewer than one worker out of every ten, will be raised 30 cents in January, 35 plans for their workers. I urge that we most of them part-time workers, and mostly cents the following January, and 30 pass the Kennedy amendment and re- not in poverty. cents the following—$1 in a period of 26 ject the majority amendment. Let me repeat that: months instead of a period of 14 Mr. DOMENICI addressed the Chair. months. The PRESIDING OFFICER. The Sen- So who would be helped? One out of every In addition, very simply put, we ten, and most of them are part-time workers ator from New Mexico. and mostly not in poverty. change some provisions in the tax law, Mr. DOMENICI. Mr. President do I which I now hear we should not do be- I am going to jump away from this have some additional time? cause it cuts taxes. Well, does anyone for a minute and say, who do you think The PRESIDING OFFICER. Thirty- seriously believe that with the kind of those part-time workers are? They are two minutes 24 seconds remaining. surpluses we have projected in the the teenagers of America who are Mr. DOMENICI. I note Senator United States, we are not going to give working in restaurants, drive-ins, and LANDRIEU is here from Louisiana. I the taxpayers back some of that all the kinds of places where they want won’t take that much time, and I will money? I can say, with surpluses that to get jobs to learn how to work. Let’s yield back the remainder so she may are approaching $3.4 trillion, does any- be honest about it; it would be nice if proceed in morning business, if that is body believe there is a better time to we could give them a 50-cent increase her desire. give the American people a tax reduc- in the minimum wage in January and Let me just say, it is absolutely tion, give them back some of their 50 cents the next year. But let’s also be amazing that some group proposes that money? If we can’t do that now, I ask honest that they are not the poverty the minimum wage should be increased you, when can we? These are the larg- people of America; they are teenagers because the poor families in America, est deficit, largest surpluses we could breaking in at their new job. And it is who are out there working at jobs, are have predicted in the best of times. the ones it will help, only to find that most interesting, for these comments The budget is under control. It is every study reveals that isn’t the case. and others that I have read say that growing at the lowest rate in all cat- I am going to talk a minute about even they are getting paid more than egories in the past 40 years on an an- CNN. They proceeded with a very in- the minimum wage these days. nual basis. We take some credit for tense analysis of their own, and they Teenagers like Sara Schroff, a 19-year-old that. The President deserves some have been running it on television. It is student making $5.15, but only the start. credit for that. But that is success. She’ll be promoted in a week. sort of shocking to hear what they find That is building a surplus. In the last versus what we are hearing in justifica- Even McDonald’s offers more than the minimum wage. year, we have not spent one penny of tion of a $1 increase in the minimum the Social Security trust fund money— wage in the next 13 months-14 months. Says another who has looked out in the job market. in the year that just passed. The Con- First, let me start and read the dia- gressional Budget Office says, as a log that occurred on CNN with ref- In fact, teenagers make up 28 percent of matter of fact, we have a surplus of a erence to their research and who is those who would gain, and only 23 percent of the gainers are the main earners in their billion dollars. That has not occurred helped and not helped by the minimum in 40 years. We want to say to the So- wage: families. Opponents say there’s still a good reason cial Security trust fund, you keep all Highlight: Next week, Congress will be to raise the minimum wage. that is yours. That is about $2 trillion. raising the minimum wage by $1 to $6.15, What do we do with the other $1.3 tril- which could benefit perhaps 10 million low- And the Economic Policy Institute wage workers. A look at who a minimum says: lion to $1.4 trillion? Do we leave it wage increase would benefit. Body of the re- It’s true that while the increase is not per- around here so we can spend it? port: Jim Moret, anchor. There were fewer fectly targeted, most of the benefits do go to Does anybody doubt, if we don’t Americans out of work last month. The job- lower-income working families. Fifty per- make appropriate tax cuts, or tax re- less rate dropped to 4.1 percent, the lowest it cent of the benefits, of the gains from this ductions, that it won’t be spent? We

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.039 pfrm01 PsN: S08PT1 S14280 CONGRESSIONAL RECORD — SENATE November 8, 1999 have already heard that the worst There is an item where small busi- riod during which the extension of credit thing to do with the surplus is to spend ness can do an expensing of certain may be repaid, in whole or in part, without it. The best economic advisers that our capital improvements. But we have a incurring a finance charge for the extension country has say the worst thing you limit on it. Otherwise they have to de- of credit.’’. can do is spend it. So we have, in the preciate it over time. We have in- AMENDMENT NO. 2772 first 5 years, $18.5 billion in tax relief, creased that to $30,000 a year. It will be (Purpose: To express the sense of the Senate mostly for small businesses so they can marvelous for small business to deduct concerning credit worthiness) continue to be the driving force behind those kinds of expenses that are encap- At the appropriate place, insert the fol- America’s growth. sulated in that amendment. It will lowing: I am going to just quickly, in a mo- make their businesses grow and pros- The Federal Trade Commission shall re- ment, tick off three or four of those tax per. There are two or three others that port to the Banking Committee of Congress proposals that I think are very good. go with this. within 6 months of enactment of this act as Somebody said this is a waste of effort But essentially, I believe when you to whether and how the location of the resi- because if the Republican package put that package together you are say- dence of an applicant for a credit card is considered by financial institutions in deciding passes—and I hope it does because I ing there will be fewer minimum-wage whether an applicant should be granted such think it is a very good package—the workers in the future, small business credit card. will have a chance to profit more, and President will just veto it. Well, I am Mr. LEVIN. Mr. President, I ask they will pay higher wages because the not too sure of that. Let me make sure unanimous consent that those two marketplace will force them to. In the the Senate understands that the tax amendments be laid aside and that I be meantime, we also increase minimum package included in this Domenici, et permitted to call up amendment No. wage by $1. We just take 12 months al., proposal is 12.5 percent of the tax 2658 relating to the nondischargeability longer to do it. package we passed some months ago. It of debts arising from firearm-related I believe it is a good package. I hope is 12.5 percent—not 50 percent of it, not deaths. the Senate passes it tomorrow. We will 75, but 12.5. If you can’t get that The PRESIDING OFFICER. Is there have a few more minutes of debate to- through, what can you get through? I objection? believe the President would sign it in a morrow before the vote. In the mean- Mr. GRASSLEY. I object. minute because it does the kinds of time, I hope everyone looks at the The PRESIDING OFFICER. Objec- things that even he has talked about as package in their offices and will get tion is heard. being necessary for American business briefed on it because it is a very good Mr. LEVIN. I thank the Chair. I to retain its energizing effect and its package. I not only yield the floor, but thank my friend from Iowa. competitive qualities. I yield back any time that I had on my f For a moment, let’s quickly go amendment. through the amendments we have at- AMENDMENTS NOS. 2768 AND 2772 EN BLOC MORNING BUSINESS tached and put in the tax amendments The PRESIDING OFFICER. The Sen- Mr. GRASSLEY. Mr. President, I ask in this package. ator from Michigan. unanimous consent that there be a pe- One: For the first time, we really Mr. LEVIN. Mr. President, I ask riod for the transaction of routine help workers in America pay for health unanimous consent that the pending morning business, with Senators per- care insurance. Heretofore, if a worker amendment be laid aside, and that two mitted to speak up to 10 minutes each, bought his own insurance, he could not amendments be called up en bloc, No. with the exception of Senator deduct it. He would have to put it in a 2768, relating to retroactive finance LANDRIEU. large pot called health expenditures. charges, and 2772 relative to residency The PRESIDING OFFICER. Without Only if it exceeds 7.5 of his income issues on credit card issuance. objection, it is so ordered. could it be included in the deduction. The PRESIDING OFFICER. Is there The Senator from Louisiana. We have said let’s try this out. Let’s objection? f see what would happen if workers who Without objection, it is so ordered. buy their own health insurance—for The clerk will report. THE LAND AND WATER whatever reason—deducted the whole The assistant legislative clerk read CONSERVATION FUND thing the same as a company today de- as follows: Ms. LANDRIEU. Thank you, Mr. ducts the whole thing under an exclu- The Senator from Michigan [Mr. LEVIN] President. I have a few important sionary rule that we have established proposes amendments numbered 2768 and things to say tonight. I will try to fit by precedent around here, and then we 2772, en bloc. that in with the time that has been al- made it part of the rule of law. That is Mr. LEVIN. Mr. President, I ask lotted to me. in there. unanimous consent that reading of the There are many important issues Self-employed men and women have amendments be dispensed with. that need to be resolved in the next few had a raw deal on health insurance. Ev- The PRESIDING OFFICER. Without days in order for us to wrap up this erybody in this Chamber knows it. If objection, it is so ordered. year and move on. The minimum wage we have a surplus, we ought to make The amendments, en bloc, are as fol- debate is clearly a very significant that right. Let self-employed Ameri- lows: issue for us. I am glad we will be voting cans deduct 100 percent of their insur- AMENDMENT NO. 2768 on it and, hopefully, come to a resolu- ance costs—not some percentage. That (Purpose: To prohibit certain retroactive tion tomorrow. There are other issues is built in with a rather rapid curve finance charges) pending that have yet to be resolved. where they will be able to deduct the At the appropriate place, insert the fol- That is why I rise tonight to speak for full amount. lowing: a few minutes about one of them that This is a work opportunity tax cred- SEC. ll. PROHIBITION ON CERTAIN RETRO- is very important to the people of my it. Almost everybody in this Senate ACTIVE FINANCE CHARGES. State, the State of Louisiana. wanted that when we put it in before Section 127 of the Truth in Lending Act (15 I say at the outset as respectfully as U.S.C. 1637) is amended by adding at the end and made it temporary. It runs along the following: I can that I am going to object to pro- with welfare reform. We have reduced ‘‘(h) PROHIBITION ON RETROACTIVE FINANCE ceeding to any additional actions of welfare by 48 percent, and we cry out CHARGES.— the Senate until this issue is resolved, to business to hire welfare trainees. ‘‘(1) IN GENERAL.—In the case of any credit or until there is an answer in terms of Yet the credit they get for doing that card account under an open end credit plan, what our options are. Some of us are is temporary. We want to make it per- if the creditor provides a grace period appli- not party to some of the discussions manent. So a welfare trainee is more cable to any new extension of credit under that are going on behind closed doors the account, no finance charge may be im- and some being reported. There is some apt to get a job if the employer can get posed subsequent to the grace period with re- some incentives up front while they are gard to any amount that was paid on or be- information that I am very interested training them and helping them. fore the end of that grace period. in receiving, and many people in Lou- Who can be against that? Will the ‘‘(2) DEFINITION.—For purposes of this sub- isiana are interested in the informa- President veto that? I can’t believe it. section, the term ‘grace period’ means a pe- tion because it has to do with money

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.107 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14281 that our State is producing. It has to At the end of Old Man River, the mighty marshes to promote navigation and to do with the kinds of investments we Mississippi, lies the largest expanse of coast- recover petroleum resources that have are either going to make or not make al wetlands in North America. This dynamic helped fuel this Nation, to turn the to the environment of our Nation, to and bountiful landscape was literally built lights on, to run our machinery, to run and sustained by the sediment-laden waters the coast of Louisiana, which is crit- that drain to the river from 31 states and our factories. ical to preserve and help restore that three Canadian provinces. We are happy to make that contribu- coastline. This is not a river that just drains a tion, and we are trying to do it in a It is a very important issue to the few States. This is a river that drains more environmentally sensitive way. American people in terms of our oppor- our entire Nation. The economy of our This ecosystem supports a tremendous tunity to use a small percentage of the Nation depends on the taming of this amount of commerce, and I don’t think non-Social Security surplus to invest river and this ecosystem. The future of I should have to explain it much more. in the Land and Water Conservation our Nation depends on how well we However, we are losing it. Fund to fully fund it, to invest in some Today, Louisiana has 3,800 square manage the resources of this great extraordinarily successful wildlife con- miles of marsh and over 800 square river. servation programs, to invest in his- miles of swamp. Even at the current toric preservation, and to invest in The Louisiana coast is home to 2 million pace of restoration efforts—which have Americans. The wetlands, bays, and islands coastal restoration and impact assist- of the coast constitute an enormously pro- been, by the way, successful, albeit ance for States that produce oil and ductive ecosystem and resource base that minimal because we don’t have the fi- gas and for States that do not. support the livelihood and well-being of the nancial resources that we deserve, that This is an issue that we have now Nation. The statistics are awesome: the eco- we should get for this restoration—we been debating actually for many years. system contributes nearly 30 percent by will lose more than 600 square miles of This debate has gone on for 30 years in weight of the total commercial fisheries har- marsh and almost 400 square miles of terms of funding for land and water. It vest in the lower 48 states and provides over- swamp by the year 2050 if we do not has gone on for over 50 years in terms wintering habitat for 70 percent of the mi- take action. Consequently, nearly 1,000 of what percentage would be fair for gratory waterfowl using the Central and Mis- sissippi Flyways; 18 percent of U.S. oil pro- square miles of Louisiana wetlands will Louisiana, the producing State, to reduction and 24 percent of U.S. gas production become open water. The Nation will ceive. Texas is in that position. Mis- * * * Louisiana’s ports rank first in the Na- lose an area the size of the State of sissippi is in that position to a certain tion in total shipping tonnage. Rhode Island if we fail to act. degree. Alaska could be in that posi- Again, not a river that just serves That is why I come to the floor to- tion. So there are a few States that are Louisiana or serves Mississippi but a night to speak about this issue. I know producing States. This debate has river that serves the entire Nation. It some colleagues think perhaps there is raged on, in my opinion, for too long. would be all for naught for the Mid- nothing we can do or we just can’t In my opinion, there is broad bipar- western States to produce any agricul- make this happen. I am compelled to tisan support for a concept that would tural product if they couldn’t get it to speak again because of this story, be- take a portion of these revenues. They market. That is the great benefit and cause of this great resource, and be- are estimated to be about $3 billion a strength of this Mississippi River—and cause I know what the serious con- year; $120 billion has been generated off we sit at the mouth—in terms of the sequences will be for my State and for the coast in offshore oil and gas pro- transport of goods for hundreds of the entire Nation if there is no solu- duction in taxes that the companies years. tion. It is not a difficult solution. It is are already paying and many continue not even an expensive solution. It is a to pay. These are not new taxes. These The unique human culture and beautiful setting of southern Louisiana is world-re- real solution that has been laid on the are not new revenues. These are reve- nowned. table in this Congress. nues that are coming into the Federal We are losing it at an enormous and If we do nothing, we face significant Treasury. There is bipartisan support frightening rate. Since 1930, Louisiana reductions in the $20 billion-per-year for taking a portion of those revenues has lost over 1,500 square miles of shipping and export industry in addi- and investing in the things that I have marsh. The State is still losing 25 to 30 tion to our ports, our commercial fish- just outlined. eries, and oil and gas, and leave our- Let me tell you why it is important square miles each year, nearly a football field of prime wetlands every 30 selves open to serious hurricane dam- for me to respectfully object to moving age. on to any further business. minutes. Environmentalists should be alarmed. There is a consensus about what we I know that I am going to be the can do. We have learned two things: We skunk at the garden party because There are great needs in California, already know how to fix most of the Louisiana is not a huge State such as the West, and in the Everglades, but problems; second, coastal recovery will California or Texas or Illinois. We have there is a tremendous need that should require much more effort than has been a small delegation. call us to arms, call citizens to action, Sometimes, because our numbers are to help preserve and restore the south undertaken so far. We know what it smaller, we aren’t able to get all the Louisiana coast and this tremendous will take to fix the problem. We just attention I think we need and the peo- ecosystem not just for the benefit of need to get the job done. That is why I ple of our State deserve. Fortunately, Louisiana and the 4 million people who am here tonight to try to get this job the rules of the Senate allow each Sen- live in our State but for the benefit of done because it is most certainly some- ator to be able to speak at length, to be the 260-plus million population of this thing that is within our grasp. I want to read for the record a letter able to express their will and their Nation. opinion. As respectfully as I can, I am There is no one reason for this land from over 800 environmental organiza- going to object to any further business loss. Some of our coastal wetlands have tions circulated last week. I want to until some of these things can be re- always been subsiding, but in the past take the time to read it. It is a good solved. the river built and sustained the wet- letter using good common sense that is Let me begin by telling a story that lands and built new ones, which offset within the grasp of the Interior appro- is not well known. I think Americans the natural losses. priations bill that is now being de- are very interested judging from all of Since Europeans came to Louisiana, bated. We have the opportunity to the correspondence my office has re- we have been building levees to protect make this happen. Without adding any ceived over the last year and a half against the floods. Levees keep homes, new money, we can make this happen. from thousands of individuals and businesses, and farms safe, but they As the 20th century draws to a close, Con- groups who seem to be very sympa- prevent the sediments from flooding to gress has a rare opportunity to pass land- thetic about this issue. refurbish the marsh. In addition, levees mark legislation that would establish a per- Let me read from a brochure called were built to tame the route and flow manent and significant source of conservation funding. A number of promising legisla- ‘‘Coast 2050,’’ discussing sustaining of the Mississippi River to allow for the tive proposals will take revenue from non- coastal Louisiana. I will read a few great transport and trade on which this renewable offshore oil and gas resources and pages that tell a story about a great Nation is dependent to grow and pros- reinvest them in the protection of renewable and mighty river. per. Canals were dug through the resources such as wildlife, public lands, our

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.109 pfrm01 PsN: S08PT1 S14282 CONGRESSIONAL RECORD — SENATE November 8, 1999 coast, our oceans, our cultural resources, be able to guess what that State is. chasing land—then clearly Louisiana historic preservation, and outdoor recre- This is Louisiana. I know this is a very deserves its fair share. So do the other ation. Securing this funding would allow us small sheet, but I think the camera can coastal States. to build upon the pioneering conservation pick this up. This red represents the For the record, we have produced tradition that Teddy Roosevelt initiated at the beginning of this century. The vast ma- contribution Louisiana makes to off- over $120 billion since 1955 and have re- jority of Americans recognize the duty we shore oil and gas revenues which to- ceived less than 1 percent. I guess that have to protect and conserve our rich cul- taled, in this particular year, $4.8 bil- is worth it, to me, to be a skunk at the tural and natural legacies for future genera- lion. The average is about $3.5 billion. garden party, because it is just not tions, a diverse array of interests including But Louisiana contributes over 90 per- fair. One of the things about the Sen- sports men and women, conservationists, cent. ate and about Congress and about this historic preservationists, outdoor When we talk about taking this whole body, and about America and the recreationists, the faith community, the money and funding programs I have debate, is trying to pass legislation the business community, State and local govern- outlined—and I am for all the things I ments. Over 40 Governors, Democrat and Re- American people care about. The publican, have supported this initiative, and have just suggested—we need to be fair American people can understand fair- they support conservation funding for this to the producing States. Louisiana pro- ness. Whether they are from a Western legislation because they recognize it is our duces the most, then Texas; Mississippi State or California or Washington, or obligation to make these commitments for contributes; Alabama is a contributor. from a Southern State, I think they future generations. Of course, California did contribute. would say: Senator LANDRIEU, you are So this letter goes on to call on our There is a moratorium there. This bill correct. It is not fair for your State to body here, the Senate and the House, does nothing to upset that political de- produce 90 percent and get virtually to: cision, but it does save, for the States nothing when we have a bill that will * * * seize this unprecedented opportunity that are producing, a portion. share this with everyone and do some- to pass legislation that would make a sub- Let me talk about a portion because thing the American people want to do. stantial and reliable investment in the con- I believe in fighting for your State. But Let me talk about that for just a servation of our Nation’s wildlife, public I also believe in being fair. If I did not minute. Sometimes we come to Wash- lands, coastal and marine resources, historic think my State was correct, I would be ington and I think we have the tend- treasures, urban and rural parks, open the first one to stand up and say we spaces * * * design a bill that provides sig- ency to forget, or maybe just tempo- nificant conservation benefits free of harm- should do it another way; we simply do rarily lose our memory, about some of ful environmental impacts to our coastal and not have an argument. But it is widely the things we promised to do when we ocean resources, and one that does not un- known the interior States in our Na- came. Sometimes we get busy with the duly hinder land acquisition programs. tion get to keep 50 percent of the reve- talk in Washington and we forget We have this within our grasp. nues they produce. States such as Wyo- about what the talk at home is. It says: ming and New Mexico get to keep 50 There was research done just re- We look to Congress to make this a re- percent of their revenues, and they can cently, in fact a couple of months ago, ality. spend it basically as they wish, with by Luntz Research Companies, one of I hope, as I slow down this process, few restrictions. the foremost pollsters in America. He perhaps we can get some answers from I am not coming to this body, nor said some things that really brought the White House, from the negotiators, have I introduced a bill, to give Lou- this issue home to me. Even though I about the real possibilities of this tak- isiana 50 percent of this offshore oil knew this was important to people, I ing place. There are some on the right and gas revenues. It is not on our land, frankly did not think to take a survey who say we do not need any more pub- but it is right outside of our coast. If it which would have been a good thing, lic land. There are some on the left were not for our land, this industry but the environmental groups did. The who say if we do anything that might simply would not exist. Very few can results are staggering. encourage drilling, no matter how dispute that because I don’t know I am just going to read the overview: great the benefits, we are not for it. where you would launch the heli- What matters to Americans most these Let me say, in a markup that is copters, Honduras or Guatemala; or days is ‘‘quality of life’’ and ‘‘peace of being done, hopefully this Wednesday where you would build the machinery, mind.’’ Our nation’s prosperity has brought in the House, many of those criticisms the canals, the barges, the railroads, or with it the need both to think beyond simple will be put to rest. In the markup that highways that allow this industry to hand-to-mouth economics and to address the is being considered on the House side exist. I do not know if a good option anxieties posed by perceived threats to our own health and safety. The public’s mood on on this bill, there are no incentives for would be Honduras or Guatemala, but the environment speaks to the opportunity oil and gas drilling. We can fight that if you don’t do it from the coast of to deliver positively on a rising public pri- battle another day. There is an incen- Louisiana, Mississippi, and Texas, you ority. tive and language that will help us do not have many options. More than 50% of Americans tell us they spend this money for coastal restora- But I did not come here to ask for 50 will head to the outdoors on vacation this tion in ways that are environmentally percent. I am asking the President and year. What they expect to find when they get sensitive and that do not encourage the administration and this Congress there is part of the legacy they most want to to give Louisiana not even 30 percent. pass along to the next generation. drilling. There is language, on the There is an emotional intensity to issues other hand, that is going to suggest I am not even asking for 25 percent. I that define the legacy of what this genera- that Congress has a legitimate role to have simply said to the producing and tion will leave to the next. At the turn of the play in the purchasing of lands, along coastal States, let us keep at least 10 Millennium—as we enter the 21st Century fo- with the administration—whether it is percent of the dollars for Louisiana and cused more than ever on the future and rapid this administration, President Clinton, the producing States, and share with change—what drives people’s attitudes on or whether it is a future President— all the other coastal States, whether protecting the great outdoors may be the that it is right that this Congress and they produce or not, to give them mon- need to identify and carry with us those de- eys from this source of revenue because fining ideas and principles that have made the President would make decisions America the great pioneer. about the purchases of land, how much, it does not just belong to us, it belongs To deliver on the call for preservation and and when, and where. to everyone. progress, policymakers can succeed by focus- Those differences could be worked But surely we should, since we ing more on the benefits the public wants out. So there is bipartisan agreement produce 90 percent of the money, get a and expects and by spending less time talk- we should take a portion of these reve- fair share as we try to distribute this ing about the process that the public really nues. money. Whether we do it for 1 year—we doesn’t care to follow in a debate. I want to show a graph, because peo- have been doing sort of hit or miss over And no issue speaks more directly to ple think, Why does Mary keep speak- the last 30—or whether we try to take Americans’ environmental ‘‘quality of life’’ than their ability to enjoy open spaces, ing about this issue over and over the step and do it permanently, recog- parks, and wilderness areas. Whether they again? It is because the revenues that nizing the needs and legitimate con- want a place to visit alone or with their fam- are being considered for this come from cerns of the Western States and some ilies on vacation—or just having the peace of basically one State. I know you would others that are concerned about pur- mind that those places will still exist (for

VerDate 29-OCT-99 03:49 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.112 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14283 themselves, for future generations, and for In conclusion, there are over or close coast. I ask my colleagues to be sen- the plant and animal species that assure di- to 200 Members of the Senate and the sitive to our great needs. I am sorry to versity)—this desire presents an opportunity House, Republicans and Democrats. It have to object, but I do it respectfully, to deliver on a political priority. Anyone who wants to close their own ‘‘credibility is the only environmental initiative— and I do it because I know this is the gap’’ on environmental issues can do so by there are others that have been filed right thing for our country and the Na- talking about conservation of open and talked about and are being debated tion at this time. spaces. . . . in committee, outside of committee, in I yield back the remainder of my And by actually doing something the negotiations taking place right time, if I have any. about it, not just speaking about it. now—but there is not a single proposal The PRESIDING OFFICER. The Sen- Let me give some of the findings: that has Democrat and Republican sup- ator from Iowa. People like to spend their time outdoors. port except for this one. f I urge the White House, I urge the Over half of Americans polled cite an out- SENATE PASSAGE OF IMPORTANT door location like a national park, forest, President, I urge the negotiators, HISTORIC PRESERVATION MEAS- wilderness areas, beach, shoreline, lake, whatever is in the bill, if we can afford URES river, or mountain as their preferred place to $300 million, fine. If we can afford $500 spend a vacation this year. million, fine. If we can afford $1 billion, Mr. LOTT. Mr. President, today, the Ninety-four percent would justify spending U.S. Senate unanimously passed much more on Land & Water Conservation because whatever the offset is, I am not asking ‘‘Parks, forests, and seashores provide Amer- for more money. But I am asking if we needed legislation to protect some of icans a chance to visit areas vastly different are going to spend offshore oil and gas America’s most threatened historic than their own.’’ revenues for 1 year or permanently, sites, the Vicksburg Campaign Trail Those who think the overall quality of the that it be done giving Louisiana and and the Corinth battlefield. S. 710, the environment is deteriorating outnumber Mississippi and Texas and Alabama and Vicksburg Campaign Trail Battlefields those who think things are improving. Preservation Act of 1999, is a bipartisan Eighty-eight percent of all Americans agree the other producing States their fair share; that it will fund to the degree measure that authorizes a feasibility that ‘‘we must act now or we will lose many study on the preservation of Civil War special places, and if we wait, what is de- that is possible the coastal initiatives stroyed or lost cannot be replaced.’’ we have outlined. battlefields and related sites in the They also say this poll defies a myth Yes, there are authorized programs four states along the Vicksburg Cam- that some people think of as real, too to fully fund land and water conserva- paign Trail. As my colleagues know, much public land. tion and to fund wildlife conservation, Vicksburg served as a gateway to the That meant, according to this survey historic preservation, and urban parks, Mississippi River during the Civil War. which was conducted by a Republican which is a package that makes sense. The 18-month campaign for the ‘‘Gi- pollster, it does not hold even in moun- Do my colleagues know why? Because braltar of the Confederacy’’ included tainous Western States where over 90 it is fair. It is fair to the east coast; it over 100,000 soldiers and involved a percent, in some places of the land is is fair to the West; it is fair to the number of skirmishes and major bat- already owned by the Government. South; it is fair to the North; it is fair tles in Mississippi, Arkansas, Lou- This poll indicates that even in places to the Great Lakes States that do not isiana, and Tennessee. The Mississippi in the West where lots of land is al- have an ocean or a gulf, but because Heritage Trust and the National Trust ready owned by the Federal Govern- they have the Great Lakes, they simi- for Historic Preservation named the ment, people still want us to make the larly have situations that need atten- Vicksburg Campaign Trail as being effort and the small investment it will tion. among the most threatened sites in the take to preserve these precious re- We have not written a bill that is State and the Nation. S. 710 would sources to provide wilderness, parks, selfish. We have written a bill that is begin the process of preserving the im- and forest for our children and grand- generous. We have written a bill that portant landmarks in the four State re- children. we can afford. gion that warrant further protection. I Let me finally read one very star- I urge the President not to move to appreciate the cosponsorship of Chair- tling result because all of us voted for take a portion of the revenues that two man MURKOWSKI, Chairman Thomas, the highway trust fund. We thought we of the poorest States in the Nation and Senators LANDRIEU, BREAUX, COCH- should apply our gasoline taxes to im- contribute—Mississippi and Lou- RAN, HUTCHINSON, and CRAIG on this prove the highway system which has isiana—and give them away without measure. been an extraordinary benefit for the giving us a fair chance at preserving The Senate also approved S. 1117, the growth of this Nation. We did it be- our coastline, helping us restore a tre- Corinth Battlefield Preservation Act of cause we knew it was popular at home, mendous ecosystem that not only bene- 1999, a measure that establishes the because it was the right thing to do. In fits our State and the 4 million people Corinth Unit of the Shiloh National my State of Louisiana, and probably in who live there, and the 2 million people Military Park. The battle of Shiloh your State, Mr. President, Illinois, peo- who live on the coast but literally was actually part of the Union Army’s ple overwhelmingly support it. serves as a treasure for this Nation—an overall effort to seize Corinth. This Let me share this: environmental treasure and a commer- small town was important to both the In a head to head between land and water cial base—without which this country Confederacy and the Union. Corinth’s and highway, the wildly popular highway could not possibly continue to grow railway was vitally important to both and airport funds head to head was 45 per- and prosper without. sides as it served as a gateway for mov- cent for the conservation of land and water I am sensitive to the Florida Ever- ing troops and supplies north and and 37 percent for highways. glades. I have been to the redwoods. I south, east and west. The overall cam- We know how popular that highway believe in the preservation of the great paign led to some of the bloodiest bat- bill was, but people in America—in lands of the West. I want to be fair to tles in the Western theater. In an effort Louisiana, in Illinois, in Mississippi, in many places in this Nation, but I can- to protect the city, Southern forces other places, in Washington State— not in good conscience represent the built a series of earthworks and for- want us to take some of these reve- State that is contributing 90 percent of tifications, many of which remain, at nues—not new taxes, not raising taxes, the money and allow these negotia- least for now, in pristine condition. Un- not robbing it from other places—but tions to go on knowing there is some fortunately, the National Park Service taking it from the Federal Treasury intention to take this money perma- in its ‘‘Profiles of America’s Most where it has gone into sort of a non- nently away from us and give it to ev- Threatened Civil War Battlefields,’’ descript fund and reinvest it into the eryone else without sharing this with concluded that many of the sites asso- environment and to do that in a way us to help us in our quest to restore ciated with the siege of Corinth are that shares with the States and local this coastline for the benefit of the en- threatened. governments—not a Federal land grab, tire Nation. S. 1117 would give Corinth its proper not a Federal takings, but in partner- I thank my colleagues for their pa- place in American history by formally ship with local and State governments, tience. I hold up our plan: ‘‘Coast 2050.’’ linking the city’s battlefield sites with and that is what our bill does. It is a beautiful picture of Louisiana’s the Shiloh National Military Park. I

VerDate 29-OCT-99 04:05 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.041 pfrm01 PsN: S08PT1 S14284 CONGRESSIONAL RECORD — SENATE November 8, 1999 thank Senators ROBB, COCHRAN, and projects that people of all races, reli- equivalent of 1,974 nights of shelter for JEFFORDS for cosponsoring this meas- gions, and beliefs can support. This the homeless in northern Maine. ure. I also express my appreciation to program, which seeks to protect local EFS is a very successful program Chairman THOMAS for his ever vigilant people from the infectious and para- that carefully targets its resources efforts on parks legislation, and in par- sitic diseases that are among the lead- where they are needed most, and does ticular, for moving both the Vicksburg ing causes of death in the West Bank so with an absolute minimum of ad- Campaign Trail and Corinth battlefield and Gaza, is a great example of fos- ministrative expense. The Government bills forward. I take this opportunity tering cooperation through people Affairs Committee approved this legis- to recognize Chairman MURKOWSKI for projects of mutual interest. lation with a unanimous voice vote on his continued stewardship over the USAID has successfully funded simi- November 3, 1999, and I hope the full Senate Energy and Natural Resources lar health programs in Egypt and Tur- Senate will do likewise. Committee. key, but this is the first such program f Mr. President, I also want to recog- proposed for the Israeli and Palestinian DEVELOPMENTAL DISABILITIES nize Ken P’Pool, Deputy State Historic people. Members of Congress, the ASSISTANCE AND BILL OF Preservation Officer for Mississippi; President, and the State Department RIGHTS ACT Rosemary Williams, chairman of the all support this program. If USAID Siege and Battle of Corinth Commis- funds the program, it would give the Mr. KENNEDY. Mr. President, I sion; John Sullivan, president of the United States scientific and fiscal strongly support the current reauthor- Friends of the Vicksburg Campaign and oversight through both USAID and the ization of the Developmental Disabil- Historic Trail; and Terry Winschel and National Institutes of Health (NIH). ities Act, and I commend Senator JEF- Woody Harrell of the U.S. Park Service I support the funding for this re- FORDS for his leadership in making this for their support and guidance on these gional collaborative effort as a power- reauthorization a priority. important preservation measures. ful example of what a working rela- I also commend the members of the Lastly, I recognize several staff mem- tionship should be in the Middle East Health, Education, Labor, and Pen- bers including Randy Turner, Jim and I believe that it should be given sions Committee and the administra- O’Toole, and Andrew Lundquist from the highest funding priority out of the tion for their leadership in developing the Senate Energy Committee, Darcie Wye package. this bipartisan bill. I especially want Tomasallo from Senate Legislative f to recognize TOM HARKIN for his leader- Counsel, and Stan Harris, Angel Camp- ship and continued commitment to in- THE FEMA EMERGENCY FOOD AND bell, Steven Wall, Jim Sartucci, and dividuals with disabilities. I also com- SHELTER ACT Steven Apicella from my office, for mend all the staff members for their their efforts to preserve Mississippi’s Ms. COLLINS. Mr. President, as a co- skillful work to make this process suc- and America’s historic resources. Mr. sponsor of S. 1516, legislation reauthor- cessful. President, as a result of the Senate’s izing the Federal Emergency Adminis- Today, I particularly want to take action today, our children will be bet- tration’s Emergency Food and Shelter this opportunity to say thank you to ter able to understand and appreciate program, I am very pleased that the my sister Eunice Kennedy Shriver for the full historic, social, and economic Senate is about to pass this legislation her many years of extraordinary dedi- impact of the Vicksburg Campaign and send it to the House of Representa- cation and commitment to children Trail and the Siege and Battle of Cor- tives. I hope that our colleagues in the and adults with mental retardation and inth. House will swiftly approve this impor- their families. Had it not been for her f tant bill, so that it can be sent to vision and commitment on behalf of President Clinton for his signature be- people with mental retardation, the REGIONAL COOPERATIVE HEALTH fore our legislative session adjourns for Developmental Disabilities Act would PROGRAM FUNDING THROUGH the year. not be the impressive success it is WYE SUPPLEMENTAL ASSIST- FEMA’s Emergency Food and Shelter today. ANCE-FUNDING (EFS) program provides financial as- For many years, since the Develop- Mr. SCHUMER. Mr. President, I rise sistance to supplement community ef- mental Disabilities Act was first signed today to urge the United States Agen- forts to provide food, shelter, and other into law by President Kennedy in 1963, cy for International Development valuable items to homeless and hungry developmental disabilities programs in (USAID) to allocate some of its Wye people around the country. Most of the the states have worked effectively to Supplemental Assistance Funding to EFS’ monies are distributed directly to improve the lives of children and the first regional cooperative health local boards, which are comprised of adults with mental retardation and program ever designed to serve both representatives from religious and other developmental disabilities. The the Palestinians and Israelis. Improv- charitable organizations from the sur- act serves as the foundation for a net- ing the health of Palestinians and rounding area. These boards then work of programs that offer them real Israelis through a successful coopera- award grants to non-profit, voluntary, choices on where to live, work, go to tive endeavor would provide a vibrant and social service organizations, which school, and participate in community prescription for peace in the Middle assist individuals with their food, shel- life. East. ter, or emergency assistance costs. Through these programs, the 4 mil- This important health program, Using a local distribution network lion individuals with mental retarda- which pairs the Kuvin Center for the helps to ensure that the EFS’ funds are tion and other developmental disabil- Study of Infectious and Tropical Dis- targeted to those who most need assist- ities are able to obtain the support eases of the Hebrew University in Jeru- ance. they need to participate in all aspects salem with the Palestinian Al-Quds To its credit, FEMA has been very of the community. They receive needed University, has requested support from successful in keeping the administra- assistance in education, and early USAID as a $20 million, five-year pro- tive costs of this program very low. In intervention efforts are used to provide gram. The purpose of this program is fact, these costs consume less than 3 appropriate health care services and to find innovative ways to fight infec- percent of the funding, which is an in- support. tious diseases in the region, and calls spiring example that all of the Federal For millions of Americans these serv- upon these Universities to build a per- Government’s agencies and depart- ices can mean the difference between manent, collaborative infrastructure ments should strive to follow. dependence and independence, between for improving the health of the Pales- In Maine, the EFS program has been lost potential and becoming contrib- tinian and Israeli people. extremely helpful. For example the uting and participating members of United States Secretary of State Sister Mary O’Donnell Shelter, located their communities. Madeleine Albright has said the most in Presque Isle, Maine, received a Throughout the preparation of this important projects for promoting peace $10,500 grant from this program. Amaz- legislation, we have listened to con- and cooperation between nations are ingly enough, this shelter was able to sumers, advocates, families, and pro- what she calls ‘‘people projects’’—those use this modest funding to provide the gram administrators—all of whom have

VerDate 29-OCT-99 04:33 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.042 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14285 contributed significantly to this legis- One year ago, November 5, 1998, the To the Congress of the United States: lation. Their commitment to construc- Federal debt stood at $5,561,271,000,000 Section 202(d) of the National Emer- tive compromise will improve the lives (Five trillion, five hundred sixty-one gencies Act (50 U.S.C. 1622(d)) provides and choices of all people with disabil- billion, two hundred seventy-one mil- for the automatic termination of a na- ities and their families. lion). tional emergency unless, prior to the This reauthorization builds on the Fifteen years ago, November 5, 1984, anniversary date of its declaration, the gains of the past three decades, while the Federal debt stood at President publishes in the Federal Reg- addressing critical and emerging needs $1,619,575,000,000 (One trillion, six hun- ister and transmits to the Congress a of individuals with disabilities. dred nineteen billion, five hundred sev- notice stating that the emergency is to It improves the accountability of the enty-five million). continue in effect beyond the anniver- programs under the Act by empha- Twenty-five years ago, November 5, sary date. In accordance with this pro- sizing better coordination, and by con- 1974, the Federal debt stood at vision, I have sent the enclosed notice, centrating on activities related to $475,739,000,000 (Four hundred seventy- stating that the Iran emergency de- child care, health care, housing, trans- five billion, seven hundred thirty-nine clared in 1979 is to continue in effect portation, and recreation; million) which reflects a debt increase beyond November 14, 1999, to the Fed- It offers wider training opportunities of more than $5 trillion— eral Register for publication. Similar by strengthening the network of uni- $5,185,971,720,483.34 (Five trillion, one notices have been sent annually to the versity centers that provide technical hundred eighty-five billion, nine hun- Congress and published in the Federal assistance to persons with disabilities, dred seventy-one million, seven hun- Register since November 12, 1980. The to their families, and to service pro- dred twenty thousand, four hundred most recent notice appeared in the Fed- viders across the country; eighty-three dollars and thirty-four eral Register on November 12, 1998. This It supports stronger protection and cents) during the past 25 years. emergency is separate from that de- advocacy services to prevent abuse and clared with respect to Iran on March neglect, so that people with disabilities f 15, 1995, in Executive Order 12957. The crisis between the United States can live safely; MESSAGES FROM THE PRESIDENT It targets funds for the development and Iran that began in 1979 has not of statewide self-advocacy organiza- Messages from the President of the been fully resolved. The international tions, so that people with disabilities United States were communicated to tribunal established to adjudicate will have a stronger voice in deter- the Senate by Mr. Williams, one of his claims of the United States and U.S. mining their lives and their future; secretaries. nationals against Iran and of the Ira- It helps states to develop support EXECUTIVE MESSAGES REFERRED nian government and Iranian nationals programs for families with a disabled As in executive session the Presiding against the United States continues to family member, so that living at home Officer laid before the Senate messages function, and normalization of com- and becoming part of the community is from the President of the United mercial and diplomatic relations be- a real choice for persons with disabil- States submitting sundry nominations tween the United States and Iran has ities; and which were referred to the appropriate not been achieved. On March 15, 1995, I It provides funds to develop a new committees. declared a separate national emer- educational curriculum and establish (The nominations received today are gency with respect to Iran pursuant to scholarship opportunities for support printed at the end of the Senate pro- the International Emergency Eco- workers who assist people with devel- ceedings.) nomic Powers Act and imposed sepa- opmental disabilities. rate sanctions. By Executive Order f This bill gives us an excellent oppor- 12959 of May 6, 1995, these sanctions tunity to do more to keep the promise CONTINUATION OF THE NATIONAL were significantly augmented, and by of the Americans with Disabilities EMERGENCY WITH RESPECT TO Executive Order 13059 of August 19, Act—by ensuring that individuals with IRAN—MESSAGE FROM THE 1997, the sanctions imposed in 1995 were mental retardation and other signifi- PRESIDENT—PM 71 further clarified. In these cir- cant developmental disabilities, and cumstances, I have determined that it their families, have realistic opportu- The PRESIDING OFFICER laid be- is necessary to maintain in force the nities to obtain the support and serv- fore the Senate the following message broad authorities that are in place by ices they need to reach their dream of from the President of the United virtue of the November 14, 1979, dec- being contributing members of their States, together with an accompanying laration of emergency, including the communities. report; which was referred to the Com- authority to block certain property of Disabled people are not unable. We mittee on Foreign Relations. the Government of Iran, and which are are a better and stronger and fairer To the Congress of the United States: needed in the process of implementing country when we open the door of As required by section 401(c) of the the January 1981 agreements with Iran. choice and opportunity to all Ameri- National Emergencies Act, 50 U.S.C. WILLIAM J. CLINTON. cans, and enable them to be full part- 1641(c) and section 204(c) of the Inter- THE WHITE HOUSE, November 5, 1999. ners in the American dream. For national Emergency Economic Powers f countless persons with mental retarda- Act (IEEPA), 50 U.S.C. 1703(c), I trans- MESSAGES FROM THE HOUSE tion and other developmental disabil- mit herewith a 6-month periodic report ities across the country, this legisla- on the national emergency with re- At 1:09 p.m., a message from the tion will continue to help to make that spect to Sudan that was declared in Ex- House of Representatives, delivered by dream come true. ecutive Order 13067 of November 3, 1997. Ms. Niland, one of its reading clerks, announced that the House has passed This bill deserves the support of WILLIAM J. CLINTON. the following bills, in which it requests every Member of Congress, and I look THE WHITE HOUSE, November 5, 1999. forward to its prompt enactment into the concurrence of the Senate: law. f H.R. 1693. An act to amend the Fair Labor f Standards Act of 1938 to clarify the overtime PERIODIC REPORT ON THE NA- exemption for employees engaged in fire pro- THE VERY BAD DEBT BOXSCORE TIONAL EMERGENCY WITH RE- tection activities. H.R. 3079. An act to amend titles XVIII, Mr. HELMS. Mr. President, at the SPECT TO SUDAN—MESSAGE FROM THE PRESIDENT—PM 72 XIX, and XXI of the Social Security Act to close of business Friday, November 5, make corrections and refinements in the 1999, the Federal debt stood at The PRESIDING OFFICER laid be- Medicare, Medicaid, and State children’s $5,661,710,720,483.34 (Five trillion, six fore the Senate the following message health insurance programs, as revised by the hundred sixty-one billion, seven hun- from the President of the United Balanced Budget Act of 1997. dred ten million, seven hundred twenty States, together with an accompanying ENROLLED BILLS SIGNED thousand, four hundred eighty-three report; which was referred to the Com- At 6:45 p.m., a message from the dollars and thirty-four cents). mittee on Foreign Relations. House of Representatives, delivered by

VerDate 29-OCT-99 04:36 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.044 pfrm01 PsN: S08PT1 S14286 CONGRESSIONAL RECORD — SENATE November 8, 1999 Ms. Niland, one of its reading clerks, Arms Export Control Act, a report relative the Committee on Environment and Public announced that the Speaker has signed to certification of a proposed Manufacturing Works. the following enrolled bills and joint License Agreement with Japan; to the Com- EC–6100. A communication from the Direc- resolution: mittee on Foreign Relations. tor, Office of Regulatory Management and EC–6091. A communication from the Pro- Information, Office of Policy, Planning and S. 468. An act to improve the effectiveness gram Manager, Bureau of Alcohol, Tobacco Evaluation, Environmental Protection Agen- and performance of Federal financial assist- and Firearms, Department of the Treasury, cy, transmitting, pursuant to law, the report ance programs, simplify Federal financial as- transmitting, pursuant to law, the report of of a rule entitled ‘‘Federal Plan Require- sistance application and reporting require- a rule entitled ‘‘Implementation of Public ments for Municipal Solid Waste Landfills ments, and improve the delivery of services Law 104–132, the Antiterrorism and Effective That Commenced Construction Prior to May to the public. Death Penalty Act of 1996, Relating to the 30, 1991 and Have Not Been Modified or Re- S. 900. An act to enhance competition in Making of Plastic Explosives for the Purpose constructed Since May 30, 1991’’ (FRL #6469– the financial services industry by providing of Detection’’ (RIN1512–AB63), received No- 8), received November 1, 1999; to the Com- a prudential framework for the affiliation of vember 4, 1999; to the Committee on the Ju- mittee on Environment and Public Works. banks, securities firms, insurance compa- diciary. EC–6101. A communication from the Direc- nies, and other financial service providers, EC–6092. A communication from the Direc- tor, Office of Regulatory Management and and for other purposes. tor, Regulations Policy and Management Information, Office of Policy, Planning and H.R. 3122. An act to permit the enrollment Staff, Food and Drug Administration, De- Evaluation, Environmental Protection Agen- in the House of Representatives Child Care partment of Health and Human Services, cy, transmitting, pursuant to law, the report Center of children of Federal employees who transmitting, pursuant to law, the report of of a rule entitled ‘‘Persistent Bioaccumula- are not employees of the legislative branch. a rule entitled ‘‘Food Labeling: Health tive Toxic (PBT) Chemicals; Lowering of Re- H.J. Res. 54. Joint resolution granting the Claims; Soy Protein and Coronary Artery porting Thresholds for Certain PBT Chemi- consent of Congress to the Missouri-Ne- Disease’’, received November 2, 1999; to the cals; Addition of Certain PBT Chemicals; braska Boundary Compact. Committee on Health, Education, Labor, and Community Right-to-Know Toxic Chemical f Pensions. Reporting’’ (FRL #6839–11), received Novem- EC–6093. A communication from the Comp- ber 1, 1999; to the Committee on Environ- EXECUTIVE AND OTHER troller General of the United States, trans- ment and Public Works. COMMUNICATIONS mitting, pursuant to law, a report relative to f the Trans-Alaska Pipeline Liability Fund; to The following communications were the Committee on Energy and Natural Re- REPORTS OF COMMITTEES laid before the Senate, together with sources. accompanying papers, reports, and doc- EC–6094. A communication from the Legis- The following reports of committees uments, which were referred as indi- lative and Regulatory Activities Division, were submitted: cated: Comptroller of the Currency, transmitting, By Mr. CAMPBELL, from the Committee pursuant to law, the report of a rule entitled on Indian Affairs, with an amendment in the EC–6084. A communication from the Acting ‘‘Investment Securities; Rules, Policies, and nature of a substitute: Director, Office of Civilian Radioactive Procedures for Corporate Activities; and S. 964. A bill to provide for equitable com- Waste Management, Department of Energy, Bank Activities and Operations’’ (RIN1557– pensation for the Cheyenne River Sioux transmitting, pursuant to law, a report rel- AB61), received November 1, 1999; to the Tribe, and for other purposes (Rept. No. 106– ative to accelerator transmutation of waste; Committee on Banking, Housing, and Urban 217). referred jointly, pursuant to Public Law 97– Affairs. By Mr. THOMPSON, from the Committee 425, to the Committees on Energy and Nat- EC–6095. A communication from the Assist- on Governmental Affairs, with an amend- ural Resources, and the Environment and ant Secretary for Export Administration, ment in the nature of a substitute: Public Works. Bureau of Export Administration, Depart- S. 1707. A bill to amend the Inspector Gen- EC–6085. A communication from the Board ment of Commerce, transmitting, pursuant eral Act of 1978 (5 U.S.C. App.) to provide Members, Railroad Retirement Board, trans- to law, the report of a rule entitled ‘‘Exports that certain designated Federal entities mitting, pursuant to law, a report relative to to Kosovo’’ (RIN0694–AB99), received Novem- shall be establishments under such Act, and the Program Fraud Civil Remedies Act for ber 2, 1999; to the Committee on Banking, for other purposes (Rept. No. 106–218). fiscal year 1999; to the Committee on Gov- Housing, and Urban Affairs. By Mr. CAMPBELL, from the Committee ernmental Affairs. EC–6096. A communication from the Chief on Indian Affairs, with an amendment in the EC–6086. A communication from the Chief, Counsel, Office of Foreign Assets Control, nature of a substitute: Programs and Legislation Division, Office of Department of the Treasury, transmitting, S. 1508. A bill to provide technical and Legislative Liaison, Department of the Air pursuant to law, the report of a rule entitled legal assistance for tribal justice systems Force, transmitting, a report relative to a ‘‘Blocked Persons, Specially Designated Na- and members of Indian tribes, and for other cost comparison conducted at Cannon Air tionals, Specially Designated Terrorists, purposes (Rept. No. 106–219). Force Base, New Mexico; to the Committee Foreign Terrorist Organizations, and Spe- By Mr. HELMS, from the Committee on on Armed Services. cially Designated Narcotics Traffickers: Ad- Foreign Relations, with an amendment in EC–6087. A communication from the Assist- dition of Persons Blocked Pursuant to Exec- the nature of a substitute: ant Secretary, Legislative Affairs, Depart- utive Order 13088’’ (Appendices A and B to 31 S. 1453. A bill to facilitate relief efforts and ment of State, transmitting, pursuant to the CFR Chapter V), received November 2, 1999; a comprehensive solution to the war in Arms Export Control Act, a report relative to the Committee on Banking, Housing, and Sudan. to certification of a proposed license for the Urban Affairs. By Mr. THOMPSON, from the Committee export of defense articles or defense services EC–6097. A communication from the Assist- on Governmental Affairs, without amend- sold commercially under a contract in the ant Secretary, Legislative Affairs, Depart- ment: amount of $50,000,000 or more to Greece; to ment of State, transmitting, pursuant to the S. 1516. A bill to amend title III of the the Committee on Foreign Relations. Export-Import Bank of 1945 Act and Execu- Stewart B. McKinney Homeless Assistance EC–6088. A communication from the Assist- tive Order 12660, a report relative to an Ex- Act (42 U.S.C. 11331 et seq.) to reauthorize ant Secretary, Legislative Affairs, Depart- port-Import Bank guarantee of the financing the Federal Emergency Management Food ment of State, transmitting, pursuant to the of the sale of defense articles to Venezuela; and Shelter Program, and for other purposes. Arms Export Control Act, a report relative to the Committee on Banking, Housing, and By Mr. THOMPSON, from the Committee to certification of a proposed license for the Urban Affairs. on Governmental Affairs, without amend- export of defense articles or defense services EC–6098. A communication from the Ad- ment: sold commercially under a contract in the ministrator, Federal Highway Administra- S. 1877. An original bill to amend the Fed- amount of $50,000,000 or more to Turkey; to tion, Department of Transportation, trans- eral Report Elimination and Sunset Act of the Committee on Foreign Relations. mitting, pursuant to law, a report entitled 1995. EC–6089. A communication from the Assist- ‘‘Fundamental Properties of Asphalts and f ant Secretary, Legislative Affairs, Depart- Modified Asphalts-II’’; to the Committee on ment of State, transmitting, pursuant to the Environment and Public Works. EXECUTIVE REPORTS OF Arms Export Control Act, a report relative EC–6099. A communication from the Direc- COMMITTEE to certification of a proposed license for the tor, Office of Regulatory Management and export of defense articles or defense services Information, Office of Policy, Planning and The following executive report of a sold commercially under a contract in the Evaluation, Environmental Protection Agen- committee was submitted: amount of $50,000,000 or more to the Republic cy, transmitting, pursuant to law, the report By Mr. ROTH for the Committee on Fi- of Croatia; to the Committee on Foreign Re- of a rule entitled ‘‘Approval and Promulga- nance: lations. tion of Implementation Plans; California William A. Halter, of Arkansas, to be Dep- EC–6090. A communication from the Assist- State Implementation Plan Revision, Bay uty Commissioner of Social Security for the ant Secretary, Legislative Affairs, Depart- Area Air Quality Management District’’ term expiring January 19, 2001. (New Posi- ment of State, transmitting, pursuant to the (FRL #6466–4), received November 1, 1999; to tion)

VerDate 29-OCT-99 04:36 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.049 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14287 (The above nomination was reported 11, 1999, as a special day for recognizing the My legislation, the companion of with the recommendation that it be members of the Armed Forces and the civil- which has been passed by the House confirmed, subject to the nominee’s ian employees of the United States who par- Education and Workforce Committee, commitment to respond to requests to ticipated in the recent conflict in Kosovo and the Balkans; to the Committee on the would allow performance-based bo- appear and testify before any duly con- Judiciary. nuses to be paid to employees without stituted committee of the Senate.) By Mr. DURBIN (for himself, Mr. the need to recalculate overtime pay, f FRIST, Mr. DEWINE, Mr. LEVIN, Mr. provided that employees are made fully KENNEDY, Mr. FEINGOLD, Mr. DORGAN, INTRODUCTION OF BILLS AND aware of the requirements of receiving Mrs. BOXER, Mr. MACK, Mr. DODD, and JOINT RESOLUTIONS such bonuses and provided that such Mr. THURMOND): bonuses are not used as a substitute for S. Res. 225. A resolution to designate No- The following bills and joint resolu- hourly pay. tions were introduced, read the first vember 23, 2000, Thanksgiving Day, as a day and second time by unanimous con- to ‘‘Give Thanks, Give Life’’ and to discuss Mr. President, when the Fair Labor sent, and referred as indicated: organ and tissue donation with other family Standards Act (FLSA) was enacted in members; to the Committee on the Judici- 1938, over 60 years ago, employers typi- By Mr. THOMPSON: ary. S. 1877. An original bill to amend the Fed- By Mr. GRAHAM (for himself and Mr. cally rewarded only their management eral Report Elimination and Sunset Act of MACK): personnel for the level of their achieve- 1995; from the Committee on Governmental S. Con. Res. 71. A concurrent resolution ex- ment with performance-based bonuses. Affairs; placed on the calendar. pressing the sense of Congress that Miami, Such bonus programs for employees By Mrs. HUTCHISON (for herself, Mr. Florida, and not a competing foreign city, were very rare. But times have NICKLES, Mr. BROWNBACK, Mr. should serve as the permanent location for changed, and so has the American VOINOVICH, Mr. ASHCROFT, Mr. CRAIG, the Secretariat of the Free Trade Area of the Mr. ENZI, Mr. THOMAS, and Mr. workplace. With the rise of the service- Americas (FTAA) beginning in 2005; to the sector, post-industrial economy, in- HELMS): Committee on Finance. S. 1878. A bill to amend the Fair Labor creased competition from overseas, and f Standards Act of 1938 to provide that an em- the growing importance of workplace ployee’s ‘‘regular rate’’ for purposes of calcu- STATEMENTS ON INTRODUCED productivity and efficiency, lating compensation will not be affected by BILLS AND JOINT RESOLUTIONS ‘‘gainsharing’’ and other performance- certain additional payments; to the Com- mittee on Health, Education, Labor, and By Mrs. HUTCHISON (for herself, based bonus programs for workers are Pensions. Mr. NICKLES, Mr. BROWNBACK, commonplace. By Mr. MACK: Mr. VOINOVICH, Mr. ASHCROFT, Such programs are as varied as they S. 1879. A bill to promote international Mr. CRAIG, Mr. ENZI, Mr. THOM- are common. The model that comes monetary stability and to share seigniorage AS, and Mr. HELMS): with officially dollarized countries; to the first to mind is a bonus based on the Committee on Banking, Housing, and Urban S. 1878. A bill to amend the Fair number of items a factory worker pro- Affairs. Labor Standards Act of 1938 to provide duces in a month, quarter, or year. But By Mr. KENNEDY (for himself, Mr. that an employee’s ‘‘regular rate’’ for gainsharing programs are equally ef- AKAKA, Mr. INOUYE, Mrs. LINCOLN, purposes of calculating compensation fective in the service sector. Pam Farr, and Mr. WELLSTONE): S. 1880. A bill to will not be affected by certain addi- former senior vice president for Mar- amend the Public Health Service Act tional payments; to the Committee on riott Lodging and now president of the to improve the health of minority in- Health, Education, Labor, and Pen- Cabot Advisory Group, recently testi- dividuals; to the Committee on sions. Health, Education, Labor, and Pen- fied before the House Education and sions. BONUS INCENTIVE ACT OF 1999 the Workforce Committee that Mar- By Mr. DODD: Mrs. HUTCHISON. Mr. President, I riott used gainsharing plans for house- S. 1881. A bill to amend chapter 84 of title rise today to introduce the Bonus In- keeping and customer service per- 5, United States Code, to make certain tem- centive Act of 1999. I am joined in in- sonnel that rewarded employees for the porary Federal service creditable for retire- troducing this bill by my colleagues, cleanliness of rooms, and customer ment purposes; to the Committee on Govern- Senators NICKLES, BROWNBACK, service evaluations. Cordant Tech- mental Affairs. VOINOVICH, ASHCROFT, CRAIG, ENZI, and By Mrs. HUTCHISON (for herself and nologies, which makes solid rocket Mr. STEVENS): THOMAS. This important legislation boosters for the space shuttle, rewards S. 1882. A bill to expand child support en- will give America’s hourly wage work- its workers for achieving goals involv- forcement through means other than pro- ers the same ability to receive per- ing workplace safety, customer satis- grams financed at Federal expense; to the formance-based bonuses that salaried faction, and indirect cost reduction. Committee on Finance. employees currently have. By Mr. BINGAMAN: Mr. President, under the Fair Labor Whatever type of gainsharing ar- S. 1883. A bill to amend tile 5, United Standards Act, employers who give rangement an employer may have, States Code, to eliminate an inequity on the there can be no doubt that these pro- applicability of early retirement eligibility performance-based bonuses (usually at the end of the year) must go back and grams increase workers’ pay, produc- requirements to military reserve techni- tivity, and contribute to higher cus- cians; to the Committee on Governmental recalculate each employee’s hourly Affairs. base rate of pay and thus any overtime tomer satisfaction and better work- By Mr. KERRY: pay they received must be adjusted ac- place relations. Studies have dem- S. 1884. A bill to designate the building of cordingly. Often, the employer must onstrated that employees who partici- the United States Postal Service located at 5 spend many hours of accountants’ time pate in gainsharing arrangements on Cedar Street in Hopkinton, Massachusetts, average receive about 5 to 10 percent as the ‘‘Thomas J. Brown Post Office Build- for relatively minor adjustments in overtime pay. more pay from such participation, and ing’’; to the Committee on Governmental Af- many bonus programs allow employees fairs. This unnecessary and overly burden- to increase their base pay by as much f some requirement discourages many employers (those who even know about as 50 percent. SUBMISSION OF CONCURRENT AND this obscure provision) from providing Employees who participate in these SENATE RESOLUTIONS a performance-based bonus system to programs also report being more satis- The following concurrent resolutions their hourly wage employees, while sal- fied on the job and to have a more posi- and Senate resolutions were read, and aried or ‘‘exempt’’ employees can enjoy tive attitude toward their employer. A referred (or acted upon), as indicated: such bonuses. Other employers attempt 1981 survey by the General Accounting By Mr. HELMS (for himself, Mr. BIDEN, to comply with the law by reclassifying Office found that over 80 percent of Mr. WELLSTONE, and Mr. LUGAR): bonuses as not being performance- firms they interviewed reported im- S. Res. 223. A resolution condemning the based. The net result of this law has provements in labor-management rela- violence in Chechnya; to the Committee on been to hamper the productivity of the tions from such programs. Grievances Foreign Relations. By Mr. CLELAND: American worker and to trap unwary in such companies dropped 50 percent, S. Res. 224. A resolution expressing the employers with unnecessary paperwork and absenteeism by 20 percent when sense of the Senate to designate November and even fines. gainsharing was offered to workers.

VerDate 29-OCT-99 04:05 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.053 pfrm01 PsN: S08PT1 S14288 CONGRESSIONAL RECORD — SENATE November 8, 1999 Unfortunately, the majority of per- about what the employee would be re- tive, led by the Department of Health formance-based bonus programs are of- quired to do and what he or she would and Human Services, has identified fered only to one segment of the Amer- stand gain. several areas where new commitments, ican workforce: those employees who Second, the employer is absolutely new ideas, and new resources are nec- are salaried and therefore ‘‘exempt’’ prohibited from using a performance- essary. The goal is to eliminate dis- from many of the strictures of the Fair based bonus to in any way replace the parities in the areas of cardiovascular Labor Standards Act. The other 70-plus hourly wage pay the employee would disease, cancer screening and manage- million Americans who get paid by the otherwise have received. In fact, the ment, diabetes, infant mortality, HIV/ hour are precluded from fully partici- bill requires that the plan be ‘‘estab- AIDS, and immunizations by 2010. This pating in these programs. Why is this? lished and maintained in good faith for ambitious goal cannot be met without If performance bonuses work so well, the purpose of distributing to employ- a major effort to improve research on why aren’t they offered to more hourly ees additional remuneration over and the health of minorities and develop wage workers? above the wages and salaries that are the steps needed to reduce these dis- The answer is that the 61-year-old not dependent upon the existence of parities. FLSA requires that when such bonuses such plan.’’ If an employer should vio- Today, Senators AKAKA, INOUYE, LIN- are provided to hourly workers, the late this and, for example, but workers COLN, WELLSTONE, and I are intro- employer must then re-calculate each pay and substitute that for bonus pay, ducing the Health Care Fairness Act of employee’s ‘‘regular rate’’ of pay, that employer would be subject to the 1999, to secure the commitment and re- which in turn requires a recalculation same civil and even criminal sanctions sources needed in each of these areas to of worker’s overtime pay. This process as he would for any violation of the ensure that minorities have a fair of recalculating employee overtime can Fair Labor Standards Act, which is chance for improved health. consume substantial administrative vigorously enforced by the U.S. Depart- Minority populations suffer dis- time, often for very little in the way of ment of Labor’s Wage and Hour Divi- proportionately from cardiovascular additional overtime pay. One human sion. disease. They have a greater risk of de- resources director testified before Con- But the truth is, Mr. President, that veloping high blood pressure, and are gress that it took four people 160 hours there is very little reason for employ- less likely to receive treatment to to calculate the bonuses for 235 em- ers today to abuse this provision, and manage the condition after it develops. ployees. every reason in the world to use it for As a result, African Americans are 40 This requirement can be particularly the betterment of employees and to the percent more likely to die from coro- burdensome for many of the nation’s long-term success of the company. If nary heart disease than whites. millions of small businesses that may the tremendous economic revolution A Georgetown University study pub- not have computer hardware and soft- and growth we have witnessed in the lished in the New England Journal of ware that can run these types of cal- last two decades has taught us any- Medicine last February found that bias culations. For employers who must try thing, it is that wealth is not a zero- in the decisions made by doctors is a to do these calculations by hand, it can sum game. Our economy continues to factor in the treatment that African be such a headache that the employer outstrip that of the rest of the world Americans receive when they suffer will either drop the bonus program al- not because we have more natural re- from heart disease. These findings are together or simply ignore the law, both sources: other countries have more oil, based on an experiment where physi- of which are obviously undesirable out- gold, timber, and other resources than cians volunteered to view a video of ac- comes. we. It is because the productive capac- tors posing as patients with significant The Bonus Incentive Act I am intro- ity, ingenuity, and entrepreneurship of symptoms of heart disease. The physi- ducing today will alleviate this unnec- the American people is allowed to cians were asked to prescribe further essary and counterproductive require- flourish under our system. interventions for each ‘‘patient,’’ all of ment, and allow all employees to par- Outdated laws such as this must be whom had identical medical histories, ticipate equally in gainsharing pro- revised if we are to continue to enjoy insurance coverage, and occupations. grams. In fact, by extending these pro- the growing fruits of our labor. The While 91 percent of the white males, grams to hourly wage employees who, Bonus Incentive Act will help accom- white females, and African American on average, make less than their sala- plish this goal, and I urge my col- males in the study were referred for ried counterparts, this bill could be a leagues to support and pass it. cardiac catheterization, a more effec- significant shot-in-the-arm to their tive but more expensive diagnostic pro- take home pay. The Employee Policy By Mr. KENNEDY (for himself, cedure, only 79 percent of the African Foundation reports that a median wage Mr. AKAKA, Mr. INOUYE, Mrs. American females in the study were re- U.S. worker could earn between an ad- LINCOLN, and Mr. WELLSTONE): ferred for this test. ditional $17,000 and $26,000 over a 20- S. 1880. A bill to amend the Public A study published in the New Eng- year period by participating in a per- Health Service Act to improve the land Journal of Medicine last month formance-based bonus plan. health of minority individuals; to the found similar disparities in the treat- Why would anyone oppose this bill, Committee on Health, Education, ment of lung cancer. Patients whose Mr. President? It is good for employers Labor, and Pensions. tumors are discovered early are often and employees alike. It means less pa- HEALTH CARE FAIRNESS ACT OF 1999 able to be cured with surgery. This perwork and more pay, less bureauc- Mr. KENNEDY. Mr. President, over study found that African American pa- racy and more productivity. the past few decades, we have made ex- tients with tumors small enough to be Some have raised the concern that traordinary advances as a nation in surgically removed were treated sur- employers may somehow attempt to science and medicine. Unfortunately, gically in only 64 percent of cases, com- disguise regular hourly pay as those advances are not benefitting all pared with 77 percent of white patients gainsharing bonuses. While it would of our citizens equally. Minority com- treated surgically. As a result, African take a very ambitious employer to munities suffer disproportionately Americans have only a 26 percent make such a scheme profitable, par- from many severe health problems. chance of surviving lung cancer, com- ticularly considering the impact such We know that poverty, lack of health pared with a 34 percent survival rate conduct would have on employee mo- insurance, and other barriers to care for whites. rale, there are protections in the bill continue to undermine the health of Other types of cancer also strike ra- against such a possibility. minorities. Clearly we need to do more cial and ethnic minorities in dispropor- First, the employer must provide all to give all Americans the fair chance tionate numbers. Vietnamese Amer- employees, in writing, a detailed de- for a healthy future that they deserve. ican women are five times more likely scription of what the requirements and The Administration has taken impor- than white women to contract cervical benefits of the gainsharing plan will be. tant steps to address this challenge. cancer. Hispanic women are twice as The actual formula by which the bonus Last year, the President announced the likely to contract cervical cancer. Na- is to be calculated must also be Initiative to Eliminate Racial and Eth- tive Hawaiian men are 13 percent more spelled-out. There can be no doubt nic Disparities in Health. This initia- likely to contact lung cancer. Alaskan

VerDate 29-OCT-99 04:05 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.057 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14289 Native women are 72 percent more like- for conducting biomedical research on and ethnic health disparties are caus- ly to contract colon cancer and rectal health disparties, and to provide long- ing in so many communities. We all cancer, when compared with whites. In term stability to these biomedical re- know that in the long run better health addition, African Americans and His- search programs. is always less expensive than sickness panic Americans are more likely to be Changing attitudes about race and and hospitalization. diagnosed with cancer once the disease ethnic backgrounds are an ongoing We know that many other structural, has reached an advanced stage. For Af- challenge for all sectors of our society. personal, and historical factors con- rican Americans, the result is a 35 per- The Georgetown study does not contribute to racial and ethnic disparties cent higher death rate. clude that most doctors are racist. No in health care. Our legislation asks The Institute of Medicine, issued a such assumptions are drawn from its that we make the elimination of these report last February concluding that results. What is shown is that health disparties a higher priority. It asks federal efforts to research cancer in care providers, like all members of our that we do all we can to develop the minority communities are insufficient. society, enter their profession with knowledge necessary to do better. The The report recommended an increase in perceptions and biases related to race. result will be a fairer chance for the resources and the development of a Many industries have confronted racial healthy future that all Americans de- strategic plan to coordinate this re- sensitivity issues in their training pro- serve, and I look forward to early ac- search. The results of this study con- grams. This study shows that such tion by Congress on this needed legisla- firm that while NIH has been ex- training must also be a part of medical tion. tremely successful in producing med- education, for both new students and Mr. President, I ask unanimous con- ical breakthroughs that improve experienced practitioners alike. sent that the full text of the bill and health care, those breakthroughs do To help health care providers im- the accompanying letters and state- not always reach into racial and ethnic prove their ability to work with pa- ment of support be printed in the communities. tients of different backgrounds, we RECORD. The same troubling differences are must also develop educational tech- There being no objection, the mate- found with HIV/AIDS. The powerful niques that are effective in improving rial was ordered to be printed in the new drugs that have dramatically de- this aspect of health care delivery. RECORD, as follows: creased AIDS deaths and prevented or Title II of the Health Care Finance Act S. 1880 delayed progression from HIV to AIDS establishes demonstration projects to Be it enacted by the Senate and House of Rep- for so many citizens are not reaching develop effective educational tech- resentatives of the United States of America in minorities in proportion to their need. niques such as courses that focus on re- Congress assembled, Racial and ethnic minorities make up ducing racial and ethnic disparties in SECTION 1. SHORT TITLE; TABLE OF CONTENTS. approximately 25 percent of the total health care. (a) SHORT TITLE.—This Act may be cited as population, but these groups account The close connection between race the ‘‘Health Care Fairness Act of 1999’’. for over half of all AIDS cases. The dis- and poverty in this country has had a (b) TABLE OF CONTENTS.—The table of con- parity is even greater for African significant negative impact on the ac- tents of this Act is as follows: American and Hispanic women, who access of minority communities to qual- Sec. 1. Short title; table of contents. Sec. 2. Findings. count for nearly 80 percent of the AIDS ity health care. Reducing racial and cases reported among women. ethnic health disparties will require a TITLE I—IMPROVING MINORITY HEALTH In spite of recent bipartisan efforts better understanding of issues beyond THROUGH THE NATIONAL INSTITUTES OF HEALTH to increase access to health care for all effective treatments and other ques- Sec. 101. Research on minority health. children, racial and ethnic disparities tions of basic science. Barriers to care, exist among young Americans as well. poor quality health services, and the ‘‘PART J—RESEARCH ON MINORITY HEALTH Minority children are less likely to re- lack of useful outcome measures are ‘‘Sec. 499A. Establishment of Center. ‘‘Sec. 499B. Advisory Council. ceive prescription medications, and all part of this complex problem. Title ‘‘Sec. 499C. Comprehensive plan and they have lower immunization rates III of our bill strengthens the federal budget. than white children. Inadequate health commitment to these social science as- ‘‘Sec. 499D. Center funding. care places a barrier in the path of pects of health disparties. It directs the ‘‘Sec. 499E. Centers of excellence for re- healthy development for minority chil- Agency for Health Care Policy and Re- search on health disparities and dren, and that is an unfair disadvan- search to conduct and support research training. tage. in these areas, to promote effective ‘‘Sec. 499F. Loan repayment program for The Health Care Fairness Act of 1999 biomedical research. interventions in minority commu- ‘‘Sec. 499G. Additional authorities. addresses these racial and ethnic nities, and to develop outcome meas- ‘‘Sec. 499H. General provisions regarding health disparities in many ways. It ures to assess and improve health care the Center. contains sections on research, data col- for minority populations. TITLE II—MEDICAL EDUCATION lection, medical education, and out- Measuring our progress in reducing Sec. 201. Grants for health care education reach. Each of these aspects has an im- these racial and ethnic disparties will curricula development. portant role to play in the reduction also require reliable and complete data Sec. 202. National Conference on Continuing and eventual elimination of these un- on miniority health. In order to pro- Health Professional Education acceptable health disparities. vide reliable information on the health and Disparity in Health Out- Title I establishes a Center for Re- status of minority communities, Title comes. search on Minority Health at the Na- IV of our bill directs the National Sec. 203. Advisory Committee. tional Institutes of Health. The Center Sec. 204. Cultural competency clearing- Academy of Sciences to conduct a house. will oversee the development of an study of the data collection and report- NIH-wide strategic plan for minority TITLE III—MINORITY HEALTH RE- ing systems at the Department of SEARCH BY THE AGENCY FOR HEALTH health research. This step will enable Health and Human Services that in- CARE POLICY AND RESEARCH. those concerned with the advancement clude race and ethnicity. Sec. 301. Minority health research by the of research on minority health, both This study will evaluate the effec- Agency for Health Care Policy inside and outside NIH, to monitor the tiveness of data collection at HHS and and Research. progress of NIH in this area. The Cen- recommend improvements for ensuring TITLE IV—DATA COLLECTION RELATING ter will award Centers of Excellence that reliable and complete information TO RACE OR ETHNICITY grants to institutions across the coun- on racial and ethnic health disparties Sec. 401. Study and report by National Acad- try that serve under-represented popu- is available. emy of Sciences. lations. These funds will be used to The estimated cost of these provi- TITLE V—PUBLIC AWARENESS conduct research into the nature, sions for fiscal year 2000 totals just Sec. 501. Public awareness. causes, and remedies for health under $350 million. The estimated cost SEC. 2. FINDINGS. disparties, to train minorities to be- in subsequent years is approximately Congress makes the following findings: come biomedical research profes- $260 million. This is a small price when (1) The United States ranks below most in- sionals, to improve the infrastructure compared to the damage that racial dustrialized nations in health status as

VerDate 29-OCT-99 04:36 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.058 pfrm01 PsN: S08PT1 S14290 CONGRESSIONAL RECORD — SENATE November 8, 1999 measured by longevity, sickness, and mor- (13) Elderly minorities experience dispari- health agencies, that will establish a com- tality. ties in access to care and health status, in prehensive plan and budget estimates under (2) The United States ranks 24th among in- part because medicare covers only half the section 499C for minority health that should dustrialized nations in infant mortality. health care expenses of older Americans. be conducted or supported by the national (3) This poor rank in health status is at- (14) Two of 5 Hispanic and 2 of 5 African research institutes, and shall recommend an tributed in large measure to the lower health Americans age 65 and older rate their health agenda for conducting and supporting such status of America’s minority populations. status as fair or poor, compared with less research. (4) Many minority groups suffer dispropor- than 1 of 4 (23 percent) white Americans 65 ‘‘(c) DUTIES.— tionately from cancer. Disparities exist in and over. ‘‘(1) INTERAGENCY COORDINATION OF MINOR- both mortality and incidence rates. For men (15) Nearly 2 of 5 (39 percent) African ITY HEALTH RESEARCH.—With respect to mi- and women combined, African Americans American adults and almost half (46 percent) nority health, the Director of the Center have a cancer death rate about 35 percent of Hispanic adults report that they do not shall facilitate the establishment of, and provide administrative support to, the task higher than that for whites. Paralleling the have a regular doctor, compared with 1 of 4 force referred to in subsection (b) to plan, co- death rate, the incidence rate for lung cancer (26 percent) of white adults. ordinate, and evaluate all research con- in African American men is about 50 percent (16) Minority Americans 65 and older are ducted at or funded by NIH. higher than white men. Native Hawaiian less likely to have a regular doctor or to see ‘‘(2) MINORITY HEALTH RESEARCH INFORMA- men also have elevated rates of lung cancer a specialist. (17) Ninety percent of minority physicians TION SYSTEM.—The Director of the Center compared with white men. Alaskan Native shall establish a minority health research in- men and women suffer from higher rates of produced by Historically Black Medical Col- leges live and serve in minority commu- formation system in order to track minor- cancers of the colon and rectum than do ity-related research, training, and construc- whites. Vietnamese women in the United nities. (18) Almost half (45 percent) of Hispanic tion. The system shall capture, for each mi- States have a cervical cancer incidence rate nority-related research, training, or con- adults, 2 of 5 (41 percent) Asian-American more than 5 times greater than white struction project year-end data. adults, and more than 1 of 3 (35 percent) Afri- women. Hispanic women also suffer elevated ‘‘(3) CONSULTATIONS.—The Director of the can American adults report difficulty paying rates of cervical cancer. Center shall carry out this part (including for medical care, compared with 1 of 4 (26 (5) Infant death rates among African Amer- developing and revising the plan required in percent) white adults. ican, Native Americans and Alaskan Natives, section 499C) in consultation with the Advi- (19) Despite suffering disproportionate and Hispanics were well above the national sory Council established under section 499B, rates of illness, death, and disability, minori- average. The greatest disparity exists for Af- the heads of the agencies of the National In- ties have not been proportionately rep- rican Americans. The overall Native Amer- stitutes of Health, and the advisory councils resented in many clinical research trials, ex- ican rate does not reflect the diversity of such agencies. cept in studies of behavioral risk factors as- among Indian communities, some of which ‘‘(4) COORDINATION.—The Director of the have infant mortality rates approaching sociated with negative stereotypes. Center shall act as the primary Federal offi- twice the national rate. (20) Culturally sensitive approaches to re- cial with responsibility for monitoring all (6) Sudden infant death syndrome (referred search are needed to encourage minority par- minority health research conducted or sup- to in this section as ‘‘SIDS’’) accounts for ticipation in research studies. ported by the National Institutes of Health, approximately 10 percent of all infant deaths (21) There is a national need for minority and— in the first year of life. Minority populations scientists in the field of biomedical, clinical, ‘‘(A) shall serve to represent the National are at greater risk for SIDS. In addition to and health services research. Institutes of Health minority health re- the greater risks among African Americans, (22) In 1990, only 3.3 percent of all United search program at all relevant Executive the rates are 3 to 4 times as high for some States medical school faculties were under- branch task forces, committees and planning Native American and Alaskan Native popu- represented minority persons. activities; and lations. (23) Only 1 percent of full professors were ‘‘(B) shall maintain communications with (7) Cardiovascular disease is the leading underrepresented minority persons in 1990. all relevant Public Health Service agencies cause of death for all racial and ethnic (24) The proportion of underrepresented and with various other departments of the groups. Major disparities exist among popu- minorities in high academic ranks, such as Federal Government, to ensure the timely lation groups, with a disproportionate bur- professors and associated professors, de- transmission of information concerning ad- den of death and disability from cardio- creased from 1980 to 1990. vances in minority health research between vascular disease in minority and low-income (25) African Americans with identical com- these various agencies for dissemination to populations. Stroke is the only leading cause plaints of chest pain are less likely than affected communities and health care proof death for which mortality is higher for white Americans to be referred by physicians viders. Asian-American males than for white males. for sophisticated cardiac tests. ‘‘(d) INNOVATIVE GRANTS.— (8) Racial and ethnic minorities have high- (26) Cultural competency training in med- ‘‘(1) IN GENERAL.—The Director of the Cen- er rates of hypertension, tend to develop hy- ical schools and residency training programs ter, in consultation with the Advisory Coun- pertension at an earlier age, and are less has the potential to reduce disparities in cil, shall identify areas of insufficient minor- likely to undergo treatment to control their health care and health outcomes. ity health research at the Institutes and high blood pressure. (27) More detailed data on health dispari- Centers, and shall provide funds to the Insti- (9) Diabetes, the seventh leading cause of ties is needed to— tutes and Centers for the awarding of peer- death in the United States, is a serious pub- (A) evaluate the impact that race and eth- reviewed grants for innovative projects that lic health problem affecting racial and ethnicity have on health status, access to care, address high priority areas of minority nic communities. The prevalence of diabetes and quality of care; and health research that are not adequately ad- in African Americans is approximately 70 (B) enforce existing protections for equal dressed by other Institutes or Centers. percent higher than whites and the preva- access to care. ‘‘(2) EXCEPTIONAL CIRCUMSTANCES.— lence in Hispanics is nearly double that of TITLE I—IMPROVING MINORITY HEALTH ‘‘(A) IN GENERAL.—If the Director of the whites. The prevalence rate of diabetes THROUGH THE NATIONAL INSTITUTES Center determines that the Institutes or among Native Americans and Alaskan Na- OF HEALTH Centers are unwilling or unable to award a tives is more than twice that for the total SEC. 101. RESEARCH ON MINORITY HEALTH. grant under paragraph (1) for the conduct of population and at least 1 tribe, the Pimas of Title IV of the Public Health Service Act a research project identified under such Arizona, have the highest known prevalence (42 U.S.C. 281 et seq.) is amended by adding paragraph, the Director, in consultation of diabetes of any population in the world. at the end the following: with the Advisory Council, shall award 1 or (10) The human immunodeficiency virus more peer reviewed grants to support such (referred to in this section as ‘‘HIV’’), which ‘‘PART J—RESEARCH ON MINORITY research project. causes acquired immune deficiency syn- HEALTH ‘‘(B) LIMITATION.—The total amount of drome (referred to in this section as ‘‘SEC. 499A. ESTABLISHMENT OF CENTER. grants awarded under subparagraph (A) for a ‘‘AIDS’’), results in disproportionate suf- ‘‘(a) IN GENERAL.—There is established fiscal year shall not exceed an amount equal fering in minority populations. Minority per- within the National Institutes of Health an to 10 percent of the total final budget for the sons represent 25 percent of the total United organization to be known as the Center for minority health disparities comprehensive States population, but 54 percent of all cases Research on Minority Health and Health Dis- plan for the National Institutes of Health for of AIDS. parities (referred to in this part as the ‘Cen- the fiscal year, or $130,000,000, whichever is (11) More than 75 percent of AIDS cases re- ter’). The Center shall be headed by a direc- greater. ported among women and children occur in tor, who shall be appointed by the Secretary ‘‘(3) ADMINISTRATION OF RESEARCH PRO- minority women and children. and shall report to the Director of the Na- POSALS.— (12) Nearly 2 of 5 (38 percent) Hispanic tional Institutes of Health. ‘‘(A) REQUESTS.—The Director of the Cen- adults, 1 of 4 (24 percent) African American ‘‘(b) TASK FORCE.—The Director of the Cen- ter may issue requests for research proposals adults, and 1 of 4 (24 percent) Asian-Amer- ter shall chair a trans-NIH task force that is in areas identified under paragraph (2)(A). ican adults are uninsured, compared with 1 composed of Institute Directors, NIH senior ‘‘(B) DELEGATION.—The Director of the of 7 (14 percent) white adults. staff, and representatives of other public Center may delegate responsibility for the

VerDate 29-OCT-99 04:05 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.060 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14291 review and management of research pro- ‘‘(6) ensure that the plan and budget serve section (a) to establish or increase an endow- posals under this subsection to another In- as a broad, binding statement of policies re- ment fund at the institution. Amounts used stitute or Center, or to the Center for Sci- garding minority health research activities under this subparagraph shall be dedicated entific Review. of the agencies, but does not remove the re- exclusively to the support of biomedical re- ‘‘(C) FINAL APPROVAL.—The Director of the sponsibility of the heads of the agencies for search and the associated costs of such re- Center may issue a final approval of research the approval of specific programs or projects, search. awards under paragraph (1) so long as such grant management, or for other details of ‘‘(B) REQUIREMENTS.—To be eligible to use approval is provided within 30 days of the the daily administration of such activities, funds as provided for under subparagraph date on which the award is approved by an in accordance with the plan and budget. (A), an institution shall not have a endow- Institute or Center. ‘‘(b) CERTAIN COMPONENTS.—With respect ment fund that is worth in excess of an ‘‘(e) DEFINITIONS.—In this part: to minority health research activities of the amount equal to 50 percent of the national ‘‘(1) MINORITY HEALTH CONDITIONS.—The agencies of the National Institutes of Health, average of all endowment funds at all insti- term ‘minority health conditions’, with re- the plan and budget shall— tutions that are of the same biomedical respect to individuals who are members of ra- ‘‘(1) provide for basic research; search discipline. cial, ethnic, and indigenous (including Na- ‘‘(2) provide for clinical research; ‘‘(c) CENTERS OF EXCELLENCE.— tive Americans, Alaskan Natives, and Native ‘‘(3) provide for research that is conducted ‘‘(1) GENERAL CONDITIONS.—The conditions Hawaiians) minority groups, means all dis- by the agencies; specified in this paragraph are that a des- eases, disorders, and conditions (including ‘‘(4) provide for research that is supported ignated biomedical research institution— with respect to mental health)— by the agencies; ‘‘(A) has a significant number of under-rep- ‘‘(A) unique to, more serious, or more prev- ‘‘(5) provide for proposals developed pursu- resented minority individuals enrolled in the alent in such individuals; ant to solicitations by the agencies and for institution, including individuals accepted ‘‘(B) for which the factors of medical risk proposals developed independently of such for enrollment in the institution; or types of medical intervention are dif- solicitations; and ‘‘(B) has been effective in assisting under- ferent for such individuals; or ‘‘(6) provide for prevention research, behav- represented minority students of the institu- ‘‘(C) which have been found to result in ioral research and social sciences research. tion to complete the program of education health disparities but for which insufficient ‘‘(c) APPROVAL.—The plan and budget es- and receive the degree involved; research has been conducted. tablished under this section are subject to ‘‘(C) has been effective in recruiting under- ‘‘(2) MINORITY HEALTH RESEARCH.—The the approval of the Director of the Center represented minority individuals to enroll in term ‘minority health research’ means basic and the Director of the National Institutes and graduate from the institution, including and clinical research on minority health con- of Health. providing scholarships and other financial ditions, including research on preventing ‘‘(d) BUDGET ITEMS FOR MINORITY assistance to such individuals and encour- such conditions. HEALTH.—In the Budget of the United States aging under-represented minority students ‘‘SEC. 499B. ADVISORY COUNCIL. that is submitted to Congress by the Presi- from all levels of the educational pipeline to pursue biomedical research careers; and ‘‘(a) IN GENERAL.—The Secretary shall es- dent, the President shall, with respect to tablish an advisory council (referred to in each Institute or agency of the National In- ‘‘(D) has made significant recruitment ef- this part as the ‘Advisory Council’), pursuant stitutes of Health, include a separate line forts to increase the number of under-rep- to the Federal Advisory Committee Act, for item account for the amount that each such resented minority individuals serving in fac- the purpose of providing advice to the Direc- Institute or agency requests for minority ulty or administrative positions at the insti- tor of the Center on carrying out this part. health activities. tution. ‘‘(2) CONSORTIUM.—Any designated bio- ‘‘(b) COMPOSITION.—The Advisory Council ‘‘SEC. 499D. CENTER FUNDING. medical research institution involved may, shall be composed of not less than 18, and not ‘‘For the purpose of carrying out adminis- with other biomedical institutions (des- more than 24 individuals, who are not offi- trative functions related to minority health ignated or otherwise) form a consortium to cers or employees of the Federal Govern- research activities under the plan under sec- carry out the purposes described in sub- ment, to be appointed by the Secretary. A tions 499A, 499B, and 499C, there are author- section (b) at the institutions of the consor- majority of the members of the Advisory ized to be appropriated $100,000,000 for fiscal tium. Council shall be individuals with dem- year 2000, and such sums as may be necessary ‘‘(3) APPLICATION OF CRITERIA TO OTHER onstrated expertise regarding minority for each of fiscal years 2001 through 2004. PROGRAMS.—In the case of any criteria estab- health issues. The Advisory Council shall in- ‘‘SEC. 499E. CENTERS OF EXCELLENCE FOR RE- clude representatives of communities im- lished by the Secretary for purposes of deter- SEARCH ON HEALTH DISPARITIES mining whether institutions meet the condi- pacted by racial and ethnic health dispari- AND TRAINING. tions described in paragraph (1), this section ties. The Director of the Center shall serve ‘‘(a) IN GENERAL.—The Secretary, acting may not, with respect to racial, ethnic, and as the chairperson of the Advisory Council. through the Director of the National Insti- indigenous minorities, be construed to au- ‘‘SEC. 499C. COMPREHENSIVE PLAN AND BUDGET. tutes of Health, shall make grants to, and thorize, require, or prohibit the use of such ‘‘(a) IN GENERAL.—Subject to this section enter into contracts with, designated bio- criteria in any program other than the pro- and other applicable law, the Director of the medical research institutions described in gram established in this section. Center (in consultation with the Advisory subsection (c), and other public and non- ‘‘(d) DURATION OF GRANT.—The period dur- Council) and the members of the Task Force profit health or educational entities, for the ing which payments are made under a grant established under section 499A, in carrying purpose of assisting the institutions in sup- under subsection (a) may not exceed 5 years. out section 499A, shall— porting programs of excellence in biomedical Such payments shall be subject to annual ap- ‘‘(1) establish a comprehensive plan and research education for under-represented mi- proval by the Secretary and to the avail- budget for the conduct and support of all minority individuals. ability of appropriations for the fiscal year nority health research activities of the agen- ‘‘(b) REQUIRED USE OF FUNDS.— involved to make the payments. cies of the National Institutes of Health ‘‘(1) IN GENERAL.—The Secretary may not ‘‘(e) DEFINITIONS.—In this section: (which plan shall be first established under make a grant under subsection (a) unless the ‘‘(1) MINORITY.—The term ‘minority’ means this subsection not later than 12 months designated biomedical research institution an individual from a racial or ethnic group after the date of the enactment of this part), involved agrees, subject to subsection that is under-represented in health research. which budget shall be submitted to the Sec- (c)(1)(B), to expend the grant— ‘‘(2) PROGRAM OF EXCELLENCE.—The term retary, the Director of the Office of Manage- ‘‘(A) to conduct minority health research ‘program of excellence’ means any program ment and Budget and Congress and included and research into the nature of health dis- carried out by a designated biomedical rein the annual budget justification for the Na- parities that affect racial, ethnic, and indig- search institution with a grant made under tional Institutes of Health; enous minorities, the causes of such dispari- subsection (a), if the program is for purposes ‘‘(2) ensure that the plan and budget estab- ties, and remedies for such disparities; for which the institution involved is author- lishes priorities, consistent with sound med- ‘‘(B) to train minorities as professionals in ized in subsection (b) or (c) to expend the ical and scientific judgment, among the mi- the area of biomedical research; grant. nority health research activities that such ‘‘(C) to expand, remodel, renovate, or alter ‘‘(f) FUNDING.— agencies are authorized to carry out; existing research facilities or construct new ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) ensure that the plan and budget estab- research facilities for the purpose of con- For the purpose of making grants under sub- lishes objectives regarding such activities, ducting biomedical research related to section (a), there are authorized to be appro- describes the means for achieving the objec- health disparities; or priated such sums as may be necessary for tives, and designates the date by which the ‘‘(D) to establish or increase an endowment each of the fiscal years 2000 through 2004. objectives are expected to be achieved; fund in accordance with paragraph (2). ‘‘(2) NO LIMITATION.—Nothing in this sub- ‘‘(4) ensure that all amounts appropriated ‘‘(2) ENDOWMENT FUNDS.— section shall be construed as limiting the for such activities are expended in accord- ‘‘(A) IN GENERAL.—Except as provided in centers of excellence referred to in this sec- ance with the plan and budget; subparagraph (B), an institution that meets tion to the designated amount, or to pre- ‘‘(5) review the plan and budget not less the requirements of subparagraph (B) may clude such entities from competing for other than annually, and coordinate revisions to utilize not to exceed 35 percent of the grants under this section. the plan as appropriate; and amounts received under a grant under sub- ‘‘(3) MAINTENANCE OF EFFORT.—

VerDate 29-OCT-99 04:05 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.060 pfrm01 PsN: S08PT1 S14292 CONGRESSIONAL RECORD — SENATE November 8, 1999

‘‘(A) IN GENERAL.—With respect to activi- any public agency, or with any person, firm, ed by inserting after section 791 the fol- ties for which a grant made under this part association, corporation, or educational in- lowing: are authorized to be expended, the Secretary stitution, as may be necessary to expedite may not make such a grant to a center of ex- and coordinate minority health research. ‘‘SEC. 791A. GRANTS FOR HEALTH PROFESSIONS EDUCATION CURRICULA DEVELOP- cellence for any fiscal year unless the center ‘‘(b) REPORT TO CONGRESS AND THE SEC- MENT. agrees to maintain expenditures of non-Fed- RETARY.—The Director of the Center shall eral amounts for such activities at a level each fiscal year prepare and submit to the ‘‘(a) GRANTS FOR GRADUATE EDUCATION that is not less than the level of such ex- appropriate committees of Congress and the CURRICULA DEVELOPMENT.— penditures maintained by the center for the Secretary a report— ‘‘(1) IN GENERAL.—The Secretary, acting fiscal year preceding the fiscal year for ‘‘(1) describing and evaluating the progress through the Administrator for the Health which the institution receives such a grant. made in such fiscal year in minority health Resources and Services Administration and ‘‘(B) USE OF FEDERAL FUNDS.—With respect research conducted or supported by the In- in collaboration with the Administrator for to any Federal amounts received by a center stitutes; Health Care Policy and Research and the of excellence and available for carrying out ‘‘(2) summarizing and analyzing expendi- Deputy Assistant Secretary for Minority activities for which a grant under this part tures made in such fiscal year for activities Health, may make awards of grants, con- is authorized to be expended, the Secretary with respect to minority health research tracts, or cooperative agreements to public may not make such a grant to the center for conducted or supported by the National In- and nonprofit private entities for the pur- any fiscal year unless the center agrees that stitutes of Health; and pose of carrying out research projects and the center will, before expending the grant, ‘‘(3) containing such recommendations as demonstration projects to develop curricula expend the Federal amounts obtained from the Director considers appropriate. to reduce disparity in health care outcomes, sources other than the grant. ‘‘(c) PROJECTS FOR COOPERATION AMONG including curricula and faculty development ‘‘SEC. 499F. LOAN REPAYMENT PROGRAM FOR PUBLIC AND PRIVATE HEALTH ENTITIES.—In for cultural competency in graduate and un- BIOMEDICAL RESEARCH. carrying out subsection (a), the Director of dergraduate health professions education. ‘‘(a) IN GENERAL.—The Secretary, acting the Center shall establish projects to pro- ‘‘(2) ELIGIBILITY.—To be eligible to receive through the Director of the National Insti- mote cooperation among Federal agencies, a grant, contract or cooperative agreements tutes of Health, shall establish a program of State, local, and regional public health agen- under paragraph (1), an entity shall— entering into contracts with qualified health cies, and private entities, in minority health ‘‘(A) be a school of medicine, school of os- professionals under which such health pro- research. teopathic medicine, school of dentistry, fessionals agree to engage in minority health ‘‘SEC. 499H. GENERAL PROVISIONS REGARDING school of public health, school of nursing, research or research into the nature of THE CENTER. school of pharmacy, school of allied health, health disparities that affect racial, ethnic, ‘‘(a) ADMINISTRATIVE SUPPORT FOR CEN- or other recognized health profession school; and indigenous populations, in consideration TER.—The Secretary, acting through the Di- and of the Federal Government agreeing to rector of the National Institutes of Health, ‘‘(B) prepare and submit to the Secretary repay, for each year of such service, not shall provide administrative support and an application at such time, in such manner, more than $35,000 of the principal and inter- support services to the Director of the Cen- and containing such information as the Sec- est of the educational loans of such health ter and shall ensure that such support takes retary may require. maximum advantage of existing administra- professionals. ‘‘(3) USE OF FUNDS.—An entity shall use ‘‘(b) SERVICE PROVISIONS.—The provisions tive structures at the agencies of the Na- amounts received under a grant under para- of sections 338B, 338C, and 338E shall, except tional Institutes of Health. graph (1) to carry out research projects and ‘‘(b) REQUIRED EXPERTISE.—The Director of as inconsistent with subsection (a), apply to demonstration projects to develop curricula the Center, in consultation with the Advi- the program established in such subsection to reduce disparity in health care outcomes, sory Council and the Center for Scientific (a) to the same extent and in the same man- including curricula for cultural competency Review, shall ensure that scientists with ap- ner as such provisions apply to the National in graduate medical education. Such cur- propriate expertise in research on minority Health Service Corps Loan Repayment Pro- ricula shall focus on the need to remove bias health are incorporated into the review, gram established in subpart III of part D of from health care at a personal level as well oversight, and management processes of all title III. as at a systematic level. ‘‘(c) AVAILABILITY OF APPROPRIATIONS.— research projects in the National Institutes ‘‘(4) NUMBER OF GRANTS AND GRANT TERM.— Amounts available for carrying out this sec- of Health minority health research program The Secretary shall award not to exceed 20 tion shall remain available until the expira- and other activities under such program. grants, contracts or cooperative agreements tion of the second fiscal year beginning after ‘‘(c) TECHNICAL ASSISTANCE.—The Director (or combination thereof) under paragraph (1) the fiscal year for which the amounts were of the Center, in consultation with the direc- in each of the first and second fiscal years made available. tors of the national research institutes and for which funds are available under sub- ‘‘(d) HEALTH DISPARITIES.—In carrying out centers, shall ensure that appropriate tech- section (f). The term of each such grant, con- this section, the Secretary shall take steps nical assistance is available to applicants for tract or cooperative agreement shall be 3 sufficient to ensure the active participation all research projects and other activities of appropriately qualified minority heath supported by the National Institutes of years. professionals, including extensive outreach Health minority health research program. ‘‘(b) GRANTS FOR CONTINUING HEALTH PRO- and recruitment efforts. In complying with ‘‘(d) EVALUATION AND REPORT.— FESSIONAL EDUCATION CURRICULA DEVELOP- this subsection, the Secretary shall waive ‘‘(1) EVALUATION.—Not later than 5 years MENT.— the requirement that the recipients of loan after the date of the enactment of this part, ‘‘(1) IN GENERAL.—The Secretary, acting repayment assistance agree to engage in mi- the Secretary shall conduct an evaluation through the Health Resources and Services nority health research or research into the to— Administration and the Agency for Health nature of health disparities that affect ra- ‘‘(A) determine the effect of this section on Care Policy and Research and in collabora- cial, ethnic and indigenous populations. the planning and coordination of the minor- tion with the Office of Minority Health, shall ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ity health research programs at the insti- award grants, contracts or cooperative For the purpose of carrying out this section, tutes, centers and divisions of the National agreements to eligible entities for the estab- there are authorized to be appropriated such Institutes of Health; lishment of demonstration projects to de- sums as may be necessary for each of the fis- ‘‘(B) evaluate the extent to which this part velop curricula to reduce disparity in health cal years 2000 through 2004. has eliminated the duplication of adminis- care and health outcomes, including cur- ‘‘SEC. 499G. ADDITIONAL AUTHORITIES. trative resources among such Institutes, cen- ricula for cultural competency, in con- ters and divisions; and ‘‘(a) IN GENERAL.—In overseeing and sup- tinuing medical education. ‘‘(C) provide recommendations concerning porting minority health research, the Direc- ‘‘(2) ELIGIBILITY.—To be eligible to receive tor of the Center— future alterations with respect to this part. a grant, contract, or cooperative agreement ‘‘(1) shall assist the Director of the Na- ‘‘(2) REPORT.—Not later than 1 year after under paragraph (1) an entity shall— tional Center for Research Resources in car- the date on which the evaluation is com- ‘‘(A) be a school of medicine, school of os- rying out section 481(c)(3) and in committing menced under paragraph (1), the Secretary teopathic medicine, school of dentistry, resources for construction at Institutions of shall prepare and submit to the Committee school of public health, school of nursing, Emerging Excellence; on Health, Education, Labor, and Pensions of school of pharmacy, school of allied health, ‘‘(2) shall assist in the administration of the Senate, and the Committee on Com- or other recognized health profession school; section 492B with respect to the inclusion of merce of the House of Representatives, a re- and members of minority groups as subjects in port concerning the results of such evalua- ‘‘(B) prepare and submit to the Secretary clinical research; and tion.’’. an application at such time, in such manner, ‘‘(3) subject to section 405(b)(2) and without TITLE II—MEDICAL EDUCATION and containing such information as the Sec- regard to section 3324 of title 31, United SEC. 201. GRANTS FOR HEALTH CARE EDU- retary may require. States Code, and section 3709 of the Revised CATION CURRICULA DEVELOPMENT. ‘‘(3) USE OF FUNDS.—An entity shall use Statutes (41 U.S.C. 5), may enter into such Part F of title VII of the Public Health amounts received under a grant, contract, or contracts and cooperative agreements with Service Act (42 U.S.C. 295j et seq.) is amend- cooperative agreement under paragraph (1)

VerDate 29-OCT-99 04:05 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.060 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14293 to develop and evaluate the effect and im- tional conference under subsection (a), the cacy groups, health education entities de- pact of curricula for continuing medical edu- Secretary of Health and Human Services scribed in section 791A(b)(2)(A) of the Public cation courses or programs to provide edu- shall publish in the Federal Register a sum- Health Service Act (as added by section 201), cation concerning issues relating to dis- mary of the proceedings and the findings of health maintenance organizations, and other parity in health care and health outcomes, the conference. interested parties. including cultural competency of health pro- (e) AUTHORIZATION OF APPROPRIATIONS.— (c) AUTHORIZATION OF APPROPRIATIONS.— fessionals. Such curricula shall focus on the There is authorized to be appropriated such There is authorized to be appropriated such need to remove bias from health care at a sums as may be necessary to carry out this sums as may be necessary to carry out this personal level as well as at a systemic level. section. section. ‘‘(4) NUMBER OF GRANTS AND GRANT TERM.— SEC. 203. ADVISORY COMMITTEE. TITLE III—MINORITY HEALTH RESEARCH The Secretary shall award not to exceed 20 (a) ESTABLISHMENT.—The Secretary of BY THE AGENCY FOR HEALTH CARE grants, contracts, or cooperative under para- Health and Human Services shall establish POLICY AND RESEARCH. graph (1) in each of the first and second fis- an advisory committee to provide advice to SEC. 301. MINORITY HEALTH RESEARCH BY THE cal years for which funds are available under the Secretary on matters related to the de- AGENCY FOR HEALTH CARE POLICY subsection (f). The term of each such grant velopment, implementation, and evaluation AND RESEARCH. shall be 3 years. of graduate and continuing education cur- (a) IN GENERAL.—Part A of title IX of the ‘‘(c) DISTRIBUTION OF PROJECTS.—The Sec- ricula for health care professionals to de- Public Health Service Act (42 U.S.C. 299 et seq.) is amended by adding at the end the fol- retary shall ensure that, to the extent prac- crease the disparity in health care and lowing: ticable, projects under subsections (a) and health outcomes, including curricula on cul- (b) are carried out in each of the principal tural competency as a method of eliminating ‘‘SEC. 906. RESEARCH ON MINORITY HEALTH DIS- PARITIES. geographic regions of the United States and health disparity. ‘‘(a) IN GENERAL.—The Administrator of address issues associated with different mi- (b) MEMBERSHIP.—Not later than 3 months nority groups and health professions. the Agency for Health Care Policy and Re- after the date on which amounts are appro- search shall— ‘‘(d) MONITORING.—An entity that receives priated to carry out this section, the Sec- a grant, contract or cooperative agreement ‘‘(1) conduct and support research to iden- retary of Health and Human Services shall tify how to improve the quality and out- under subsection (a) or (b) shall ensure that appoint the members of the advisory com- procedures are in place to monitor activities comes of health care services for minority mittee. Such members shall be appointed populations and the causes of health dispari- undertaken using grant, contract or coopera- from among individuals who— tive agreement funds. Such entity shall an- ties for minority populations, including bar- (1) unless otherwise specified, are not offi- nually prepare and submit to the Secretary a riers to health care access; cers or employees of the Federal Govern- report concerning the effectiveness of cur- ‘‘(2) conduct and support research and sup- ment; ricula developed under the grant contract or port demonstration projects to identify, test, (2) are experienced in issues relating to cooperative agreement. and evaluate strategies for eliminating the health disparity; and ‘‘(e) REPORT TO CONGRESS.—Not later than disparities described in paragraph (1) and January 1, 2002, the Secretary shall prepare (3) meet such other requirements as the promoting effective interventions; and submit to the appropriate committees of Secretary determines appropriate; ‘‘(3) develop measures for the assessment Congress, a report concerning the effective- and shall include a representative of the Of- and improvement of the quality and appro- ness of programs funded under this section fice of Minority Health under section 1707 of priateness of health care services provided to and a plan to encourage the implementation the Public Health Service Act (42 U.S.C. minority populations; and and utilization of curricula to reduce dis- 300u-6) and such other representatives of of- ‘‘(4) in carrying out 902(c), provide support parity in health care and health outcomes. A fices and agencies of the Public Health Serv- to increase the number of minority health final report shall be submitted by the Sec- ice as the Secretary determines to be appro- care researchers and the health services re- retary not later than January 1, 2004. priate. The Secretary shall ensure that mem- search capacity of institutions that train mi- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— bers of minority communities are well rep- nority health care researchers. There is authorized to be appropriated to resented on the advisory committee. Such ‘‘(b) RESEARCH AND DEMONSTRATION carry out this section, $3,500,000 for fiscal representatives shall include 1 or more indi- PROJECTS.— year 2000, $7,000,000 for fiscal year 2001, viduals who serve on the advisory committee ‘‘(1) IN GENERAL.—In carrying out sub- $7,000,000 for fiscal year 2002, and $3,500,000 under section 1707(c) of such Act. section (a), the Administrator shall conduct for fiscal year 2003.’’. (c) COLLABORATION.—The advisory com- and support research to— SEC. 202. NATIONAL CONFERENCE ON CON- mittee shall carry out its duties under this ‘‘(A) identify the clinical, cultural, socio- TINUING HEALTH PROFESSIONAL section in collaboration with the Office of economic, and organizational factors that EDUCATION AND DISPARITY IN Minority Health of the Department of Health contribute to health disparities for minority HEALTH OUTCOMES. and Human Services, and other offices, cen- populations (including examination of pat- (a) IN GENERAL.—Not later than 1 year ters, and institutes of the Department of terns of clinical decisionmaking and of the after the date of enactment of this Act, the Health and Human Services, and other Fed- availability of support services); Secretary of Health and Human Services eral agencies. ‘‘(B) identify and evaluate clinical and or- shall convene a national conference on con- (d) TERMINATION.—The advisory committee ganizational strategies to improve the qual- tinuing health professions education as a shall terminate on the date that is 4 years ity, outcomes, and access to care for minor- method for reducing disparity in health care after the date on which the first member of ity populations; and health outcomes, including continuing the committee is appointed. ‘‘(C) support demonstrations to test such medical education on cultural competency. (e) EXISTING COMMITTEE.—The Secretary strategies; and The conference shall include sessions to ad- may designate an existing advisory com- ‘‘(D) widely disseminate strategies for dress measurements of outcomes to assess mittee operating under the authority of the which there is scientific evidence of effec- the effectiveness of curricula in reducing dis- Office of Minority Health of the Department tiveness. parity. of Health and Human Services to serve as ‘‘(2) USE OF CERTAIN STRATEGIES.—In car- (b) PARTICIPANTS.—The Secretary of the advisory committee under this section. Health and Human Services shall invite mi- rying out this section the Administrator nority health advocacy groups, health edu- SEC. 204. CULTURAL COMPETENCY CLEARING- shall implement research strategies and cation entities described in section 741(b)(1) HOUSE. mechanisms that will enhance the involve- of the Public Health Service Act (as added by (a) ESTABLISHMENT.—The Director of the ment of minority health services research- section 201), and other interested parties to Office of Minority Health of the Department ers, institutions that train minority re- attend the conference under subsection (a). of Health and Human Services shall establish searchers, and members of minority popu- (c) ISSUES.—The national conference con- within the Resource Center of the Office of lations for whom the Agency is attempting vened under subsection (a) shall address Minority Health, or through the awarding of to improve the quality and outcomes of care, issues relating to the role of continuing med- a contract provide for the establishment of, including— ical education in the effort to reduce dis- an information clearinghouse for curricula ‘‘(A) centers of excellence that can dem- parity in health care and health outcomes, to reduce racial and ethnic disparity in onstrate, either individually or through con- including the role of continuing medical edu- health care and health outcomes. The clear- sortia, a combination of multi-disciplinary cation in improving the cultural competency inghouse shall facilitate and enhance, expertise in outcomes or quality improve- of health professionals and health profes- through the effective dissemination of infor- ment research and a demonstrated capacity sions faculty. The conference shall focus on mation, knowledge and understanding of to engage minority populations in the plan- methods to achieve reductions in the dispari- practices that lead to decreases in the dis- ning, conduct and translation of research, ties in health care and health outcomes parity of health across minority and ethnic with linkages to relevant sites of care; through continuing medical education groups, including curricula for continuing ‘‘(B) provider-based research networks, in- courses or programs and on strategies for medical education to develop cultural com- cluding health plans, facilities, or delivery measuring the effectiveness of curricula to petency in health care professionals. system sites of care (especially primary reduce disparities. (b) AVAILABILITY OF INFORMATION.—Infor- care), that make extensive use of minority (d) PUBLICATION OF FINDINGS.—Not later mation contained in the clearinghouse shall health care providers or serve minority pa- than 6 months after the convening of the na- be made available to minority health advo- tient populations and have the capacity to

VerDate 29-OCT-99 04:05 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.060 pfrm01 PsN: S08PT1 S14294 CONGRESSIONAL RECORD — SENATE November 8, 1999 evaluate and promote quality improvement; (3) contains recommendations for ensuring proving minority health, the magnitude of and that the Department of Health and Human the problem of health status disparities war- ‘‘(C) other innovative mechanisms or strat- Services, in administering its entire array of rants an even more aggressive effort. egies that will facilitate the translation of programs and activities, collects, or causes At the beginning of this year, we were very past research investments into clinical prac- to be collected, accurate and complete infor- pleased to begin working with Congressman tices that can reasonably be expected to ben- mation relating to race and ethnicity as may Jesse Jackson, Jr. (D–IL), Charlie Norwood efit these populations. be necessary to monitor access to and qual- (R–GA), J.C. Watts (R–OK), and Congress- ‘‘(c) QUALITY MEASUREMENT DEVELOP- ity of health care and to ensure the capa- woman Donna Christensen (D–VI) to intro- MENT.— bility to monitor and enforce civil rights duce H.R. 2391, the National Center for Do- ‘‘(1) IN GENERAL.—To ensure that minority laws; and mestic Health Disparities Act of 1999. The bi- populations benefit from the progress made (4) includes projections about the costs as- partisan Jackson bill, and the legislation in the ability of individuals to measure the sociated with the implementation of the rec- that is being introduced today, would elevate quality of health care delivery, the Adminis- ommendations described in paragraph (3), the existing NIH Office of Research on Mi- trator of the Agency for Health Care Policy and the possible effects of the costs on pro- nority Health to a National Center for Re- and Research shall support the development gram operations. search on Minority Health and Health Dis- of quality of health care measures that as- (c) AUTHORIZATION OF APPROPRIATIONS.— parities, and provide the National Center sess the experience of minority populations There are authorized to be appropriated such with four new major mechanisms, which the with health care systems, such as measures sums as may be necessary for fiscal year 2000 existing office does not have. They are: that assess the access of minority popu- to carry out this section. (1) The Director of the Center will partici- lations to health care, the cultural com- TITLE V—PUBLIC AWARENESS pate with other Institute and Center Direc- petence of the care provided, the quality of tors to determine research policy and initia- SEC. 501. PUBLIC AWARENESS. the care provided, the outcomes of care, or tives at NIH. (a) PUBLIC AWARENESS CAMPAIGN.—The other aspects of health care practice that the (2) The Center will serve as the catalyst for Secretary of Health and Human Services, Administrator determines to be important. forward-thinking, strategic planning for the acting through the Surgeon General and the ‘‘(2) REPORT.—Not later than 24 months entire NIH, in order to bring all of NIH’s con- Director of the Office for Civil Rights, shall after the date of enactment of this section, siderable resources to bear, to close the conduct a national media campaign for the the Secretary, acting through the Adminis- health status gap. purpose of informing the public about racial trator, shall prepare and submit to the ap- (3) The bill empowers the Center Director and ethnic disparities in health care and propriate committees of Congress a report to make peer-reviewed grants in areas of health outcomes. describing the state-of-the-art of quality promising research which are not being ad- (b) AUTHORIZATION OF APPROPRIATIONS.— measurement for minority populations dressed by the existing centers and insti- For the purpose of carrying out subsection which will identify critical unmet needs, the tutes at NIH. (a), there are authorized to be appropriated current activities of the Department to ad- (4) There will be a new program of support such sums as may be necessary for fiscal dress those needs, and a description of re- for research excellence at those academic year 2000. lated activities in the private sector.’’. health centers which have demonstrated a (b) FUNDING.—Section 926 of the Public historic commitment to studying and ad- STATEMENT OF LOUIS W. SULLIVAN, Health Service Act (42 U.S.C. 299c-5) is dressing diseases which disproportionately amended by adding at the end the following: M.D., PRESIDENT, MOREHOUSE SCHOOL affect minority Americans. As a result of ‘‘(f) MINORITY HEALTH DISPARITIES RE- OF MEDICINE ON THE HEALTH CARE this legislation, minority investigations and SEARCH.—For the purpose of carrying out the FAIRNESS ACT OF 1999, NOVEMBER 5, institutions like Morehouse School of Medi- activities under section 906, there are au- 1999 cine, of which I am President, Meharry Med- thorized to be appropriated such sums as ical College, and others will have access to Thank you for the opportunity to speak in may be necessary for each of the fiscal years the types of resources necessary to build and strong support of the Health Care Fairness 2000 through 2004.’’. enhance research infrastructure, and seek to Act of 1999, which would elevate the NIH’s compete on a level playing field with other TITLE IV—DATA COLLECTION RELATING Office of Research on Minority Health to a prominent institutions. TO RACE OR ETHNICITY National Center for Research on Minority I am grateful that both of the comprehen- SEC. 401. STUDY AND REPORT BY NATIONAL Health and Health Disparities. Senator Ken- sive bills which are being introduced today ACADEMY OF SCIENCES. nedy and his colleagues are to be commended in the Senate and the House embody these (a) STUDY.—The Secretary of Health and for their initiative. four principles, and I am particularly pleased Human Services shall enter into a contract For too many years, this country has wit- that both bills enjoy strong bipartisan sup- with the National Academy of Sciences for nessed one disturbing report after another port. the conduct of a comprehensive study of the detailing the growing disparities in health Today, I am urging members of Congress in Department of Health and Human Services’ status between our minority and majority both chambers, and from both sides of the data collection systems and practices, and populations. Unfortunately, while these re- aisle to support and cosponsor these impor- any data collection or reporting systems reports continue, not enough has been done to tant bills. We need to act as quickly as pos- quired under any of the programs or activi- change this shocking and unacceptable dy- sible to reverse the persistent health status ties of the Department, relating to the col- namic. gap, which affects some 28% of our citizens. lection of data on race or ethnicity, includ- Infant mortality is nearly twice the rate ing other Federal data collection systems for minorities as it is for non-minorities. ASSOCIATION OF MINORITY (such as the Social Security Administration) African-Americans, Hispanics, and Native HEALTH PROFESSIONS SCHOOLS, with which the Department interacts to col- Americans disproportionately suffer a vari- Washington, DC, November 3, 1999. lect relevant data on race and ethnicity. ety of health care disparities including can- Hon. EDWARD M. KENNEDY, (b) REPORT.—Not later than 1 year after cer, diabetes, heart disease and stroke. U.S. Senate, Russell Senate Office Building, the date of enactment of this Act, the Na- The HIV virus and AIDS cases result in dis- Washington, DC. tional Academy of Sciences shall prepare proportionate suffering in minority popu- DEAR SENATOR KENNEDY: Thank you for in- and submit to the Committee on Health, lations. While minorities in the United troducing the Health Care Fairness Act of Education, Labor, and Pensions of the Sen- States represent about 28% of the popu- 1999. This important legislation would, ate and the Committee on Commerce of the lation, minorities account for 54% of all among other things, elevate the existing Of- House of Representatives, a report that— AIDS cases. fice of Research on Minority Health at the (1) identifies the data needed to support ef- The above mentioned are only a few of the National Institutes of Health (NIH) to a Na- forts to evaluate the effects of race and eth- health care challenges faced by minorities tional Center for Research on Minority nicity on access to and quality of health care and disadvantaged populations. Health. and other services and on disparity in health If we as a nation are to solve these com- The National Center would be better able and other social outcomes, the data needed plex problems, we must take an aggressive to respond to the health status disparity cri- to define appropriate quality of care meas- approach on all fronts. At the core of im- sis facing minority Americans and medically ures to assess the equivalence of health care proving the health status for all Americans underserved populations through the estab- outcomes in health care payer systems, and is a strong biomedical research effort to un- lishment of the following provisions: the data needed to enforce existing protec- derstand the factors which contribute to The Director of the new Center would actions for equal access to health care; health problems. tively participate with Institute and Center (2) examines the effectiveness of the sys- During the time I was HHS Secretary, I Directors in planning major NIH initiatives. tems and practices of the Department of was very pleased to work with the Congress, This includes discussing how NIH’s consid- Health and Human Services described in sub- particularly Congressman Louis Stokes (D– erable resources can be used to effectively section (a), including demonstration projects OH) to establish the existing Office for Re- address health status disparities. of the Department, and the effectiveness of search on Minority Health at NIH. Notwith- The Center Director would be able to make selected systems and practices of other Fed- standing the success of this office in high- peer-reviewed grants in areas of promising eral and State agencies and the private sec- lighting and addressing health disparities, research not currently being addressed by tor, in collecting and analyzing such data; and in supporting research focused on im- the NIH institutes and centers.

VerDate 29-OCT-99 04:05 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.060 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14295 The Center would establish a Centers of and in some respects continuous disparity health imbalance for racial/ethnic minori- Excellence program to support those aca- between Black and White Americans. For ties. demic health centers which have a historic decades, Blacks have suffered higher death I write as an academic researcher and edu- commitment to studying diseases which dis- rates from nearly all-major causes including cator, and as the national director of the proportionately affect minority and dis- asthma, diabetes, cancer, major infectious Robert Wood Johnson Foundation’s Scholar- advantaged populations. diseases and cardiovascular diseases. The ships in Health Policy Research Program, an On behalf of the Association of Minority ABC recognizes that cardiovascular diseases, initiative that supports fellowships for tal- Health Professions Schools, I extend our en- the leading cause of deaths in the United ented young social scientists who are inter- thusiastic support for this important legisla- States, affect every family. CVD is the major ested in conducting research on critical tion. Please advise me as to how we can cause of death for the African American pop- health and health policy issues facing the work with you and other members of the ulation. Contrary to popular belief, the num- United States, including racial/ethnic dis- Senate to pass this important legislation. ber one killer in the African American com- parities in health status and health out- Thank you again for your leadership in munity is not violence, cancer, or AIDS. comes. I write also as a citizen who is con- this area. Blacks are more likely to die from cardio- cerned with the needless loss of human po- Sincerely, vascular disease than from any other dis- tential and quality of life resulting from the RONNY B. LANCASTER, ease. We can reduce the cost of health care, continuing health disparities in our society. President. improve patient adherence to prescribed I call upon you and your colleagues in the drug regimens, and improve the cultural U.S. Senate to support this Bill in all of its NATIONAL MEDICAL ASSOCIATION, competence of medical professionals with elements. Washington, DC, November 4, 1999. the passing of this bill. Respectfully submitted, Hon. EDWARD KENNEDY, The ABC mission states: ‘‘We believe that ALAN B. COHEN, Ranking Minority, Senate Committee on Health, good health is the cornerstone of progress for Professor of Health Policy and Manage- Education, Labor and Pensions, Hart Sen- our people. We are firm in our resolve to ment; Director, Health Care Management; ate Office Building, Washington, DC. make exemplary health care accessible and Director, RWJF Scholars in Health Policy DEAR SENATOR KENNEDY: The National affordable to all in need, dedicated to low- Research Program. Medical Association (NMA) is pleased to sup- ering the high rate of cardiovascular diseases port the ‘‘Health Care Fairness Act of 1999.’’ in minority populations and committed to UCLA, While the nation has experienced tremen- advocacy and diversity. We are guided by Los Angeles, CA, October 13, 1999. dous advances in biomedical research, the high ethics in all our transactions and strive Senator EDWARD M. KENNEDY, benefits of these advances have not fully for excellence in our training and skills.’’ Russell Senate Building, transferred to the African American and Our mission throughout our organization U.S. Senate, Washington, DC. other minority communities, which are un- is to assure that ‘African American Children DEAR SENATOR KENNEDY: I write to register duly plagued with disproportionate rates of know their Grandparents’. Typically, Afri- my strong and enthusiastic support for the death and disease. As the changing demo- can American men, with a life expectancy of Comprehensive Minority Health Bill cur- graphics of the United States yield growing less than 65 years, die without the joy of nur- rently under consideration by the United racial and ethnic minority populations, it is turing and guiding their grandchildren as States Senate. Considerable research has absolutely essential that the nation become only grandparents can. documented the great disparities in minority more proactive in addressing the critical What we know from our past efforts to ad- health status and health outcomes nation- health and biomedical research needs of dress this issue is that it takes a focus effort ally. Race and ethnic minorities are known communities of color. to increase awareness, to educate, and to to suffer disproportionate mortality and Critical provisions of the ‘‘Health Care eliminate the disparities in health care. We morbidity rates and lower quality health Fairness Act of 1999’’ include: are pleased that this bill will take this direc- care services. This bill includes a host of pro- The establishment of the Center for Re- tion. Little progress will be made without a visions that will contribute to the correction search on Minority Health and Health Dis- strong partnership among medical, public of this imbalance. The Bill’s proposals: to es- parities at the National Institutes of Health health and community organizations, and tablish a NIH ‘‘Center for Health Disparities (NIH); government. Please let us know what else we Research’’; to provide grants to support pro- The provision of funds for peer-reviewed can do to aid in this effort. We applaud your grams of excellence in biomedical research minority health-focused research grants, at commitment and stand ready to work ac- education for underrepresented minorities; the Institutes and Centers of the NIH; tively with you to accomplish these objec- to direct AHCPR to study the causes of The requirement to establish a comprehen- tives. health disparities; to expand HHS collection/ sive plan and budget for the conduct and sup- Sincerely, reporting of race/ethnicity data and to import of all minority research activities of the B. WAINE KONG, prove the quality/outcomes of health care NIH agencies; and Chief Executive Officer. services to minority populations and to de- The establishment of a grant program to velop graduate/continuing medical education support the development of culturally com- BOSTON UNIVERSITY curricula devoted to the reduction of dis- petent curricula in health care education. SCHOOL OF MANAGEMENT, parity in health care and health outcomes The NMA supports the ‘‘Health Care Fair- Boston, MA, October 14, 1999. represent strong actions intended to address ness Act of 1999’’ and believes that this legis- Senator EDWARD M. KENNEDY, the continuing health imbalance for racial/ lation will create important opportunities Russell Senate Building, ethnic minorities. for the nation to make concrete advances in U.S. Senate, Washington, DC. I write as an academic researcher and cit- it’s effort to close the health disparity gap. DEAR SENATOR KENNEDY: I am writing to izen who is concerned with the needless loss Sincerely, register my strong and enthusiastic support of human potential and quality of life result- WALTER W. SHERVINGTON, for the Comprehensive Minority Health Bill, ing from the continuing health disparities in President. that is currently under consideration by the our society. I call upon you and your col- United States Senate. Considerable research leagues in the U.S. Senate to support this ASSOCIATION OF has documented the great disparities in mi- Bill in all of its elements. BLACK CARDIOLOGISTS, INC., nority health status and health outcomes Respectfully submitted, Atlanta, GA, November 4, 1999. nationally. Racial and ethnic minorities are WALTER R. ALLEN, Hon. EDWARD M. KENNEDY, known to suffer disproportionately high Professor of Sociology. U.S. Senate, Russell Senate Office Building, mortality and morbidity rates, impaired ac- Washington, DC. cess to health care, and lower quality health Attention: Ms. Stephanie Robinson DEAR HONORABLE SENATOR KENNEDY: The care services. This bill includes a host of pro- OCTOBER 13, 1999. Association of Black Cardiologists, Inc. visions that would contribute importantly to Senator KENNEDY, (ABC) would like to offer its full support of the correction of this imbalance. The Bill’s Dirksen Senate Building, The Health Care Fairness Act of 1999. Its proposals; to establish a NIH ‘‘Center for Washington, DC. premise and objectives serve to meet the cre- Health Disparities Research;’’ to provide DEAR SENATOR KENNEDY: I have read with ativity and foresight needed to eliminate the grants to support programs of excellence in interest your proposed changes and budget disparity in health care and the mortality biomedical research education for underrep- recommendations for the Office of Minority rate among African Americans versus White resented minorities; to direct AHCPR to Health ‘‘Improving Minority Health Through Americans. We wholeheartedly endorse the study the causes of health disparities; to ex- NIH. As a scholar who does work and col- efforts of this bill to improve minority pand DHHS collection/reporting of race/eth- laborations in the field of minority health, health, minority health research, data col- nicity data; to improve the quality/outcomes and the Chair of a Sociology and Anthro- lection relating to race or ethnicity, and the of health care services to minority popu- pology Department with 62 young scholars in promotion of medical education. lations; and to develop graduate/continuing our Graduate Programs, many of whom care A robust economy and years of government medical education curricula devoted to the about these issues, we are collectively pressure have helped move minority groups reduction of disparity in health care and pleased to see this bill brought forward. closer to the mainstream, but when it comes health outcomes, all represent strong ac- Support for intervention and prevention to health, studies show a stubborn, daunting tions intended to address the continuing research (of significance) in our community

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.079 pfrm01 PsN: S08PT1 S14296 CONGRESSIONAL RECORD — SENATE November 8, 1999 is too long over overdue. I have held grants more than one year and allowed em- ligations in all child support cases, not from the National Cancer Institute and the ployees to be eligible for FERS. just those enforced by a IV–D agency, National Science Foundation and I know The original FERS Act allowed for as current law allows. first hand about the obstacles of under fund- employees to make payments or buy Mr. President, my bill will cost the ing and a focus that is primarily on advocacy and community based ‘‘feel good’’ projects back certain years of service prior to Federal Government minimal or no ad- rather than solid research. Research that 1989 for which deductions were not ditional funds. Nor will it impose any could possibly bring about some parity in taken. Therefore, the bill unintention- significant obligation on state or local health and health care for people of color in ally denied many federal employees child support agencies, since all gov- our society. We in our Medical Sociology credit for time served after January 1, ernment agencies would be allowed Program and colleagues who work in the 1989. under the bill to charge necessary fees many disciplines connected to health and I invite you to join me in correcting to non-IV–D agencies with which they qualify of life issues applaud you and bring this inequity and ask that you cospon- share this information. our support by way of many letters like this sor this fair and straightforward legis- What this bill will do is take a sig- one. Thank you. Joy, lation. nificant step toward collecting on the FLORENCE B. BONNER, estimated $57 billion in overdue child Chair. By Mrs. HUTCHISON (for herself support owed in this country. Many and Mr. STEVENS): states and local child support agencies By Mr. DODD: S. 1882. A bill to expand child support are simply overwhelmed and unable to S. 1881. A bill to amend chapter 84 of enforcement through means other than effectively and timely enforce the tens title 5, United States Code, to make programs financed at Federal expense; of millions of child support awards in certain temporary Federal service to the Committee on Finance. this country. Far from undermining creditable for retirement purposes; to CHILD SUPPORT ENFORCEMENT OPTIONS ACT OF their role in this process, the Child the Committee on Governmental Af- 1999 Support Enforcement Options Act will fairs. Mrs. HUTCHISON. Mr. President, I help them accomplish the mutual goal THE FERS BUYBACK ACT OF 1999 rise today to introduce, along with my of making sure that child support is Mr. DODD. Mr. President, today I am colleague, Senator STEVENS, the Child collected and delivered to where it is introducing the FERS Buyback Act of Support Enforcement Options Act of needed the most—to the children to 1999, legislation that offers retirement 1999. This bill will give parents the whom it is owed. security to many federal employees. tools and options they need to made Particularly for families on welfare Companion legislation has already sure their children have the resources or other public assistance, child sup- been introduced in the House. Specifi- they need to get a good start in life. port is often critical to make ends cally, this legislation would help em- This bill will provide local public meet. It helps put food on the table, ployees throughout the country hired agencies and private attorneys access clothes in the closet, and gas in the as temporary workers in the 1980s that to certain child support enforcement car. When a non-custodial parent re- continued to work for the federal gov- procedures and information not cur- neges on his or her obligation to pro- ernment into the 1990s. rently available to them. To obtain vide that support, it is incumbent upon Hundreds of current and former term this access, however, a local public the government to help enforce that employees in federal service find them- agency or private attorney would first award, through whatever means are selves ineligible to receive retirement have to obtain a certificate of registra- available to the struggling custodial benefits because of their inability to tion from the Secretary of the Federal parent. In my opinion, any other con- receive credit for post-1988 service as Department of Health and Human sideration is secondary, and I am hope- temporary federal workers. Services and agree to certain federal ful and confident that my colleagues in This legislation would close a loop- requirements and procedures in using the Senate will agree and will work to hole in the federal pension system that the enforcement tools. pass this important legislation. has adversely impacted many federal Mr. President, in recent years Con- workers through no fault of their own. gress created a number of new informa- By Mr. BINGAMAN: It would change current law to allow tion gathering and child support en- S. 1883. A bill to amend title 5, individuals who have become eligible forcement tools to enable some child United States Code, to eliminate an infor the Federal Employee Retirement support enforcement agencies to better equity on the applicability of early re- System (FERS) the option to receive enforce support awards. Unfortunately, tirement eligibility requirements to credit for their past service as tem- these new tools are not available to military reserve technicians; to the porary employees and pay into the re- hundreds of governmental and a grow- Committee on Governmental Affairs. tirement fund for the prior years they ing number of private collection enti- THE DUAL STATUS NATIONAL GUARD worked as temporary employees. Be- ties which many parents must use or TECHNICIANS RETIREMENT EQUITY ACT cause the legislation would merely choose to use. These so-called ‘‘non IV– Mr. BINGAMAN. Mr. President, I rise allow qualified workers to buy into the D’’ entities have limited or no access today to introduce a bill that seeks to retirement system, the government to some new and effective federal col- remove an inequity in retirement pay would not incur costs that it would not lection tools. This legislation will ex- benefits for critical personnel in our have incurred had the law treated them tend these tools to so-called ‘‘non IV– National Guard and Reserve units who as permanent employees. D’’ entities that are properly approved are Dual Status Technicians. They are During the 1980s, the Federal Deposit and monitored by the Department of called ‘‘Dual Status’’, Mr. President, Insurance Corporation (FDIC) hired Health and Human Services. because they serve both as military thousands of employees under tem- Specifically, the bill will allow non- and civilian personnel. There are about porary status in response to the sav- IV–D government agencies and private 40,000 Dual Status Technicians covered ings and loan crisis. Despite their tem- collection firms to be able to submit by retirement requirements and re- porary designation, many served in ex- cases for the interception of Federal strictions contained in Title 32 of the cess of five years with the federal gov- and State tax refunds for the collection United States Code. These men and ernment because of the FDIC’s annual of unpaid child support, in accordance women are the backbone of the Na- renewal of their one-year contracts. with Federal and State statutory tional Guard and Reserve structure. Unfortunately, these loyal employees guidelines; to seek passport sanctions They are the mechanics, pilots, engi- did not enjoy the retirement benefits against delinquent parents; to report neers, equipment operators, supply and accorded their colleagues serving the unpaid child support to credit bureaus; support technicians who keep things same length of service under perma- and to obtain current location and running so that the Guard is able to re- nent status. To their credit, the FDIC asset information on parents who owe spond to natural disasters and national did try to rectify the problem several child support. In addition, the bill pro- emergencies, as well as serve on active years ago by granting many of their vides that unemployment compensa- duty in accordance with the ‘‘total former temporary employees term ap- tion benefits would be subject to in- force concept’’ that integrates active pointments. Such appointments are for come withholding for child support ob- and reserve forces in the military.

VerDate 29-OCT-99 05:30 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.084 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14297 These hardworking men and women are course, we’re not only paying for eq- Virginia, as previously authorized by often the first called to duty in an uity here, Mr. President. We’re paying law, by purchase or exchange as well as emergency. appropriate, equitable compensation to by donation. As essential as Dual Status Techni- the men and women who have devoted S. 1016 cians are, they suffer from the worst of their careers to service for the nation At the request of Mr. DEWINE, the two employment worlds. These techni- both at home and abroad—our National name of the Senator from Arkansas cians are by statute both military and Guard and Reserve who serve us all so (Mrs. LINCOLN) was added as a cospon- civilian employees. Guard technicians well. sor of S. 1016, a bill to provide collec- must maintain their military job and I urge my colleagues to support this tive bargaining for rights for public grade in order to keep their technician bill and urge my fellow Members to safety officers employed by States or status and remain a federal employee. support this effort through cosponsor- their political subdivisions. In the event of separation from mili- ship. S. 1020 tary service, however, they are denied f At the request of Mr. GRASSLEY, the the retirement benefits of those who names of the Senator from Missouri serve in the same grade in the active ADDITIONAL COSPONSORS (Mr. ASHCROFT) and the Senator from military. Frequently, Dual Status S. 311 Idaho (Mr. CRAPO) were added as co- Technicians who are separated from At the request of Mr. MCCAIN, the sponsors of S. 1020, a bill to amend the military must wait years to qualify names of the Senator from Arkansas chapter 1 of title 9, United States Code, for their Federal Service retirement (Mr. HUTCHINSON) and the Senator from to provide for greater fairness in the benefits. Montana (Mr. BURNS) were added as co- arbitration process relating to motor The bill I am introducing in the Sen- sponsors of S. 311, a bill to authorize ate today is a companion bill already vehicle franchise contracts. the Disabled Veterans’ LIFE Memorial S. 1075 introduced on the House side by Rep- Foundation to establish a memorial in resentative ABERCROMBIE. It seeks to At the request of Mrs. BOXER, the the District of Columbia or its envi- name of the Senator from Oregon (Mr. eliminate retirement inequities—a rons, and for other purposes. problem we just addressed head on in WYDEN) was added as a cosponsor of S. S. 312 the Armed Services Committee when 1075, a bill to promote research to iden- we included a provision in this year’s At the request of Mr. MCCAIN, the tify and evaluate the health effects of Defense Authorization Bill the elimi- name of the Senator from Montana silicone breast implants, and to insure nate retirement inequities between ac- (Mr. BURNS) was added as a cosponsor that women and their doctors receive tive duty personnel who retired before of S. 312, a bill to require certain enti- accurate information about such im- or after 1986. We voted this year to ef- ties that operate homeless shelters to plants. identify and provide certain counseling fectively eliminate the ‘‘Redux’’ retire- S. 1242 to homeless veterans, and for other ment benefit program because of the At the request of Mr. AKAKA, the lower benefits it offered to personnel purposes. names of the Senator from Vermont who retired after 1986. The action I am S. 345 (Mr. LEAHY) and the Senator from proposing in this legislation is some- At the request of Mr. ALLARD, the Vermont (Mr. JEFFORDS) were added as what similar. name of the Senator from New York cosponsors of S. 1242, a bill to amend This bill will permit Dual Status (Mr. MOYNIHAN) was added as a cospon- the Immigration and Nationality Act Technicians to retire at any age with sor of S. 345, a bill to amend the Ani- to make permanent the visa waiver 25 years of service or at 50 with 20 years mal Welfare Act to remove the limita- program for certain visitors to the of service. Those benefits are similar to tion that permits interstate movement United States. benefits provided to Federal police and of live birds, for the purpose of fight- S. 1263 fire employees. They’re similar to fed- ing, to States in which animal fighting At the request of Mr. JEFFORDS, the eral employees who retire from the is lawful. name of the Senator from North Caro- Congress. S. 765 lina (Mr. EDWARDS) was added as a co- I am pleased to see, Mr. President, At the request of Ms. COLLINS, the sponsor of S. 1263, a bill to amend the that this year’s Defense Authorization name of the Senator from Iowa (Mr. Balanced Budget Act of 1997 to limit bill took a step to provide equitable HARKIN) was added as a cosponsor of S. the reductions in medicare payments benefits to Dual Status Technicians, 765, a bill to ensure the efficient alloca- under the prospective payment system but in doing so, it crated an inequity tion of telephone numbers. for hospital outpatient department within the Technician community S. 786 services. itself. A provision in the bill provides At the request of Ms. MIKULSKI, the for early retirement after 25 years at S. 1327 name of the Senator from Mississippi any age, or at age 50 with 20 years of At the request of Mr. CHAFEE, the (Mr. COCHRAN) was added as a cospon- service—but only for those employed as names of the Senator from Washington sor of S. 786, a bill to amend title II of Dual Status Technicians after 1996. (Mr. GORTON) and the Senator from the Social Security Act to provide that Those same benefits are withheld from Washington (Mrs. MURRAY) were added a monthly insurance benefit there- those employed before 1996. In other as cosponsors of S. 1327, a bill to amend under shall be paid for the month in words, Mr. President, we created a sit- part E of title IV of the Social Security which the recipient dies, subject to a uation similar to the one the Senate Act to provide States with more fund- reduction of 50 percent if the recipient dealt with regarding the ‘‘Redux’’ re- ing and greater flexibility in carrying dies during the first 15 days of such tirement program in the Defense Au- out programs designed to help children month, and for other purposes. thorization bill. The bill I offer today make the transition from foster care to would remove that inequity in the S. 819 self-sufficiency, and for other purposes. same way the Senate voted to remove At the request of Mr. GRAHAM, the S. 1332 the inequity for active duty personnel name of the Senator from Georgia (Mr. At the request of Mr. BAYH, the who retired under the ‘‘Redux’’ pro- CLELAND) was added as a cosponsor of names of the Senator from Virginia gram. S. 819, a bill to provide funding for the (Mr. ROBB) and the Senator from Cali- Mr. President, the cost of equity is National Park System from outer Con- fornia (Mrs. FEINSTEIN) were added as not high. An initial estimate by the tinental Shelf revenues. cosponsors of S. 1332, a bill to authorize Congressional Budget Office estimates S. 955 the President to award a gold medal on that this bill could cost about $54 mil- At the request of Mr. WARNER, the behalf of Congress to Father Theodore lion over a five year period. That num- name of the Senator from Mississippi M. Hesburg, in recognition of his out- ber will vary, of course, depending on (Mr. LOTT) was added as a cosponsor of standing and enduring contributions to the number of Technicians who would S. 955, a bill to allow the National Park civil rights, higher education, the choose to take advantage of the change Service to acquire certain land for ad- Catholic Church, the Nation, and the in the law when this bill is enacted. Of dition to the Wilderness Battlefield in global community.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.063 pfrm01 PsN: S08PT1 S14298 CONGRESSIONAL RECORD — SENATE November 8, 1999

S. 1384 S. 1590 (Mrs. MURRAY), the Senator from At the request of Mr. ABRAHAM, the At the request of Mr. CRAPO, the Michigan (Mr. LEVIN), and the Senator name of the Senator from West Vir- names of the Senator from New York from Vermont (Mr. LEAHY) were added ginia (Mr. ROCKEFELLER) was added as (Mr. MOYNIHAN), the Senator from New as cosponsors of S. 1867, a bill to amend a cosponsor of S. 1384, a bill to amend York (Mr. SCHUMER), the Senator from the Internal Revenue Code of 1986 to the Public Health Service Act to pro- Rhode Island (Mr. REED), the Senator provide a tax reduction for small busi- vide for a national folic acid education from Michigan (Mr. LEVIN), and the nesses, and for other purposes. program to prevent birth defects, and Senator from New Jersey (Mr. S. 1873 for other purposes. TORRICELLI) were added as cosponsors At the request of Mr. SESSIONS, the S. 1419 of S. 1590, a bill to amend title 49, name of the Senator from Colorado At the request of Mr. MCCAIN, the United States Code, to modify the au- (Mr. ALLARD) was added as a cosponsor names of the Senator from Hawaii (Mr. thority of the Surface Transportation of S. 1873, a bill to delay the effective INOUYE), the Senator from Missouri Board, and for other purposes. date of the final rule regarding the (Mr. ASHCROFT), the Senator from Flor- S. 1680 Organ Procurement and Transplan- ida (Mr. MACK), the Senator from Min- At the request of Mr. ASHCROFT, the tation Network. nesota (Mr. GRAMS), the Senator from name of the Senator from New Hamp- SENATE RESOLUTION 118 Idaho (Mr. CRAIG), and the Senator shire (Mr. SMITH) was added as a co- from North Dakota (Mr. DORGAN) were At the request of Mr. REID, the name sponsor of S. 1680, a bill to provide for of the Senator from Illinois (Mr. FITZ- added as cosponsors of S. 1419, a bill to the improvement of the processing of amend title 36, United States Code, to GERALD) was added as a cosponsor of claims for veterans compensation and designate May as ‘‘National Military Senate Resolution 118, a resolution des- pensions, and for other purposes. Appreciation Month.’’ ignating December 12, 1999, as ‘‘Na- S. 1707 S. 1457 tional Children’s Memorial Day.’’ At the request of Mr. WYDEN, the At the request of Mr. THOMPSON, the SENATE RESOLUTION 128 name of the Senator from South Da- names of the Senator from Connecticut At the request of Mr. COCHRAN, the kota (Mr. JOHNSON) was added as a co- (Mr. LIEBERMAN) and the Senator from name of the Senator from Nebraska sponsor of S. 1457, a bill to amend the Georgia (Mr. CLELAND) were added as (Mr. KERREY) was added as a cosponsor Energy Policy Act of 1992 to assess op- cosponsors of S. 1707, a bill to amend of Senate Resolution 128, a resolution portunities to increase carbon storage the Inspector General Act of 1978 (5 designating March 2000, as ‘‘Arts Edu- on national forests derived from the U.S.C. App.) to provide that certain cation Month.’’ public domain and to facilitate vol- designated Federal entities shall be es- SENATE RESOLUTION 196 tablishments under such Act, and for untary and accurate reporting of forest At the request of Mr. WARNER, the projects that reduce atmospheric car- other purposes. names of the Senator from New Hamp- bon dioxide concentrations, and for S. 1723 shire (Mr. GREGG), the Senator from other purposes. At the request of Mr. WYDEN, the Arkansas (Mr. HUTCHINSON), the Sen- S. 1498 name of the Senator from Washington ator from Rhode Island (Mr. REED), the At the request of Mr. BURNS, the (Mr. GORTON) was added as a cosponsor Senator from Georgia (Mr. CLELAND), names of the Senator from Montana of S. 1723, a bill to establish a program the Senator from Utah (Mr. HATCH), (Mr. BAUCUS), the Senator from New to authorize the Secretary of the Inte- and the Senator from New Jersey (Mr. Mexico (Mr. BINGAMAN), the Senator rior to plan, design, and construct fa- TORRICELLI) were added as cosponsors from Idaho (Mr. CRAPO), and the Sen- cilities to mitigate impacts associated of Senate Resolution 196, a resolution ator from California (Mrs. BOXER) were with irrigation system water diver- commending the submarine force of added as cosponsors of S. 1498, a bill to sions by local governmental entities in the United States Navy on the 100th amend chapter 55 of title 5, United the Pacific Ocean drainage of the anniversary of the force. States Code, to authorize equal over- States of Oregon, Washington, Mon- SENATE RESOLUTION 217 time pay provisions for all Federal em- tana, and Idaho. At the request of Mr. HUTCHINSON, ployees engaged in wildland fire sup- S. 1733 the name of the Senator from Okla- pression operations. At the request of Mr. FITZGERALD, homa (Mr. NICKLES) was added as a co- S. 1516 the names of the Senator from Wis- sponsor of Senate Resolution 217, a res- At the request of Mr. THOMPSON, the consin (Mr. KOHL), the Senator from olution relating to the freedom of be- name of the Senator from Michigan Idaho (Mr. CRAPO), and the Senator lief, expression, and association in the (Mr. LEVIN) was added as a cosponsor of from Nebraska (Mr. KERREY) were People’s Republic of China. S. 1516, a bill to amend title III of the added as cosponsors of S. 1733, a bill to AMENDMENT NO. 1730 Stewart B. McKinney Homeless Assist- amend the Food Stamp Act of 1977 to ance Act (42 U.S.C. 11331 et seq.) to re- At the request of Mr. HARKIN his provide for a national standard of name was added as a cosponsor of authorize the Federal Emergency Man- interoperability and portability appli- agement Food and Shelter Program, amendment No. 1730 proposed to S. 625, cable to electronic food stamp benefit a bill to amend title 11, United States and for other purposes. transactions. S. 1558 Code, and for other purposes. S. 1795 At the request of Mr. BAUCUS, the AMENDMENT NO. 2545 At the request of Mr. CRAPO, the name of the Senator from Connecticut At the request of Mr. COVERDELL the name of the Senator from Wyoming (Mr. LIEBERMAN) was added as a co- name of the Senator from Maryland (Mr. THOMAS) was added as a cosponsor sponsor of S. 1558, a bill to amend the (Ms. MIKULSKI) was added as a cospon- Internal Revenue Code of 1986 to proof S. 1795, a bill to require that before sor of amendment No. 2545 intended to vide a tax credit for holders of Commu- issuing an order, the President shall be proposed to S. 625, a bill to amend nity Open Space bonds the proceeds of cite the authority for the order, con- title 11, United States Code, and for which are used for qualified environ- duct a cost benefit analysis, provide for other purposes. mental infrastructure projects, and for public comment, and for other pur- other purposes. poses. f S. 1580 S. 1825 At the request of Mr. ROBERTS, the At the request of Mr. ROCKEFELLER, SENATE RESOLUTION 223—CON- names of the Senator from Virginia the name of the Senator from Nevada DEMNING THE VIOLENCE IN (Mr. ROBB) and the Senator from New (Mr. REID) was added as a cosponsor of CHECHYNA Mexico (Mr. BINGAMAN) were added as S. 1825, a bill to empower telephone Mr. HELMS (for himself, Mr. BIDEN, cosponsors of S. 1580, a bill to amend consumers, and for other purposes. Mr. WELLSTONE, and Mr. LUGAR) sub- the Federal Crop Insurance Act to as- S. 1867 mitted the following resolution; which sist agricultural producers in man- At the request of Mr. ROBB, the was referred to the Committee on For- aging risk, and for other purposes. names of the Senator from Washington eign Relations:

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.064 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14299 S. RES. 223 SENATE RESOLUTION 224—EX- SENATE RESOLUTION 225—TO DES- Whereas, since September 1999, the Russian PRESSING THE SENSE OF THE IGNATE NOVEMBER 23, 2000, Federation has conducted a military oper- SENATE TO DESIGNATE NOVEM- THANKSGIVING DAY, AS A DAY ation against Chechnya that has resulted in BER 11, 1999, AS A SPECIAL DAY TO ‘‘GIVE THANKS, GIVE LIFE’’ the deaths of thousands of innocent civilians FOR RECOGNIZING THE MEM- AND TO DISCUSS ORGAN AND and the displacement of more than 200,000 BERS OF THE ARMED FORCES TISSUE DONATION WITH OTHER people; AND THE CIVILIAN EMPLOYEES FAMILY MEMBERS Whereas the Russian armed forces is OF THE UNITED STATES WHO Mr. DURBIN (for himself, Mr. FRIST, launching repeated bombing attacks on the PARTICIPATED IN THE RECENT capital city of Grozny; Mr. DEWINE, Mr. LEVIN, Mr. KENNEDY, CONFLICT IN KOSOVO AND THE Whereas the recent conflict in Chechnya Mr. FEINGOLD, Mr. DORGAN, Mrs. represents a continuation of the use of mili- BALKANS BOXER, Mr. MACK, Mr. DODD, and Mr. tary force by Russia in 1994–1996, which Mr. CLELAND submitted the fol- THURMOND) submitted the following caused the deaths of approximately 100,000 lowing resolution; which was referred resolution; which was referred to the citizens of Russia; to the Committee on the Judiciary: Committee on the Judiciary: Whereas neither the use of force in 1994– S. RES. 225 1996, nor the current use of force in Chechnya S. RES. 224 Whereas traditionally, Thanksgiving is a enhances the prospects for a peaceful resolu- Whereas approximately 39,000 members of time for families to take time out of their tion of the status of Chechnya; busy lives to come together and to give Whereas the United States condemns ter- the Armed Forces and civilian employees of the United States were deployed at the peak thanks for the many blessings in their lives; rorism in all forms, including the bombing Whereas approximately 21,000 men, women, of the 1999 conflict in Kosovo; attacks of apartment buildings in Moscow and children in the United States are given and Volgodonsk in the summer of 1999; Whereas approximately 700 United States the gift of life each year through transplan- Whereas the appropriate manner to combat aircraft were deployed and committed to tation surgery, made possible by the gen- terrorist attacks is not through the use of combat missions during that conflict; erosity of organ and tissue donations; indiscriminate force against civilians; Whereas approximately 37,000 combat sor- Whereas more than 66,000 Americans are Whereas on November 4, 1999, Elena ties were flown by aircraft of the North At- awaiting their chance to prolong their lives by finding a matching donor; Bonner, Chairman of the Andrei Sakharov lantic Treaty Organization (NATO) during Whereas nearly 5,000 of these patients each Foundation, testified before the Committee that conflict; on Foreign Relations of the Senate that year (or 13 patients each day) die while wait- ‘‘carpet bombing and shelling of cities, vil- Whereas approximately 25,000 combat soring for a donated heart, liver, kidney, or lages, and refugee convoys attempting to es- ties were flown by United States aircraft other organ; cape the war zone constitute a grave viola- during that conflict; Whereas nationwide there are up to 15,000 potential donors annually, but families’ con- tion of the Geneva Convention Relative to Whereas more than 5,000 weapons strike sent to donation is received for less than the Protection of Civilian Persons in Time of missions were completed during that con- 6,000; flict; War and the Additional Protocols and dem- Whereas the need for organ donations onstrate the Russian government’s complete Whereas that conflict was the largest com- greatly exceeds the supply available; disregard for these extremely important bat operation in the history of the North At- Whereas designation as an organ donor on international agreements’’; lantic Treaty Organization; a driver’s license or voter’s registration is a Whereas the United States believes that Whereas the United States and the North valuable step, but does not ensure donation the recent targeting of ethnic minorities by when an occasion arises; Atlantic Treaty Organization achieved all local Russian officials, including blanket de- Whereas the demand for transplantation the military objectives of that conflict; tentions and expulsions, calls into question will likely increase in the coming years due the commitment of the Government of Rus- Whereas there were no United States or to the growing safety of transplantation sur- sia to pluralism in the process of democratic North Atlantic Treaty Organization combat gery due to improvements in technology and reform in that country; fatalities during that conflict; and drug developments, prolonged life expect- Whereas the Government of Russia has Whereas that conflict was the most precise ancy, and increased prevalence of diseases limited media access to and coverage of the air assault in history: Now, therefore, be it that may lead to organ damage and failure, conflict in Chechnya to preserve Russian including hypertension, alcoholism, and hep- Resolved, That it is the Sense of the popular support for the military operation; atitis C infection; Senate— Whereas the Government of Russia has Whereas the need for a more diverse donor (1) to designate November 11, 1999, as a spe- pool, including a variety of racial and ethnic openly violated its commitments under the cial day for recognizing and welcoming home minorities, will continue to grow in the com- Flank Document to the Treaty on Conven- the members of the Armed Forces (including ing years; tional Armed Forces in Europe with its de- active component and reserve component Whereas the final decision on whether a ployments of military equipment in and personnel), and the civilian personnel of the potential donor can share the gift of life usu- around Chechnya; and United States, who participated in the really is made by surviving family members Whereas the conduct of the Russian armed cently-completed operations in Kosovo and regardless of the patient’s initial intent; forces in Chechnya threatens to destabilize the Balkans, including combat operations Whereas many Americans have indicated a the southern part of the Russian Federation and humanitarian assistance operations; willingness to donate their organs and tis- as well as the region of the Caucasus as a (2) to designate November 11, 1999, as a spe- sues but have not discussed this critical mat- whole: Now, therefore, be it cial day for remembering the members of the ter with the family members who are most Resolved, That the Senate— Armed Forces deployed in Kosovo and likely to make the decision, if the occasion throughout the world, and the families of (1) condemns the use of indiscriminate arises, as to whether that person will be an such members; organ and tissue donor; force by the Russian armed forces against ci- (3) to make the designations under para- Whereas some family members may be re- vilians in Chechnya; graphs (1) and (2) on November 11, 1999, in luctant to give consent to donate their de- (2) urges the Russian Federation— light of the traditional celebration and rec- ceased loved one’s organs and tissues at a (A) to assist those persons who have been ognition of the veterans of the United States very difficult and emotional time if that per- displaced from Chechnya as a result of the on November 11 each year; son has not clearly expressed a desire or will- conflict; and (4) to acknowledge that the members of the ingness to do so; (B) to allow representatives of the inter- Armed Forces who served in Kosovo and the Whereas the vast majority of Americans national community access to the internally Balkans responded to the call to arms during are likely to spend part of Thanksgiving Day displaced persons for humanitarian relief; a time of change in world history; with some of those family members who and (5) to recognize that we live in times of would be approached to make such a deci- (3) calls upon Russian President Boris international unrest and that the conflict in sion; and Yeltsin and Prime Minister Vladimir Putin Kosovo was a dangerous military operation, Whereas it is fitting for families to spend a to devote every effort, including the use of as all combat operations are; and portion of that day discussing how they third-party mediation, to the peaceful reso- (6) to acknowledge that the United States might give life to others on a day devoted to lution of the conflict in Chechnya. owes a debt of gratitude to the members of giving thanks for their own blessings: Now, the Armed Forces who served in the conflict therefore, be it in Kosovo, to their families, and to all the Resolved, That the Senate designates No- members of the Armed Forces who place vember 23, 2000, Thanksgiving Day, as a day themselves in harm’s way each and every to ‘‘Give Thanks, Give Life’’ and to discuss day. organ and tissue donation with other family

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.066 pfrm01 PsN: S08PT1 S14300 CONGRESSIONAL RECORD — SENATE November 8, 1999 members so that informed decisions can be tion of that day discussing how they Sec. 102. Launch Vehicle and Payload Oper- made if the occasion to donate arises. might give life to others on a day de- ations. Mr. DURBIN. Mr. President, I am voted to giving thanks for their own Sec. 103. Science, aeronautics, and tech- pleased to join with my distinguished blessings. Open family discussions on nology. Sec. 104. Mission support. colleagues, Senator FRIST, Senator this topic on a day of relaxation and Sec. 105. Inspector General. DEWINE, Senator KENNEDY, Senator family togetherness will increase Sec. 106. Experimental Program to Stimulate LEVIN and others in submitting a reso- awareness of the intentions of those Competitive Research. lution that would designate November willing to make the courageous and SUBTITLE B—LIMITATIONS AND SPECIAL 23, 2000, Thanksgiving Day, as a day for selfless decision to be organ donors, AUTHORITY families to discuss organ and tissue do- leading to more lifesaving transplants Sec. 111. Use of funds for construction. nation with other family members. The in the future. Designation of November Sec. 112. Availability of appropriated resolution uses the theme Give 23, 2000, Thanksgiving Day, as a day for amounts. Thanks, Give Life to encourage these families to Give Thanks, Give Life is Sec. 113. Reprogramming for construction of discussions so that informed decisions an important next step to promoting facilities. can be made if the occasion to donate the dialogue between willing donors Sec. 114. Consideration by committees. Sec. 115. Use of funds for scientific consulta- arises. and their families, so that family members will know their loved ones’ wishes tions or extraordinary ex- Traditionally, Thanksgiving is a penses. time for families to take time out of long before the issue arises. We have received the support of TITLE II—INTERNATIONAL SPACE their busy lives to come together and STATION give thanks for the many blessings in many national organ and tissue donation organizations for this resolution Sec. 201. International Space Station contin- their lives. This presents the perfect gency plan. opportunity for family members to dis- including: the American Heart Associa- tion, American Kidney Fund, American Sec. 202. Cost limitation for the Inter- cuss their intentions on the issue of national Space Station. organ and tissue donation. Although Liver Foundation, American Lung As- Sec. 203. Liability cross-waivers for Inter- designation as an organ donor on a sociation, American Society of Trans- national Space Station-related plant Surgeons, Association of Organ driver’s license or voter’s registration activities. Procurement Organizations, Coalition is a valuable first step in the donation TITLE III—MISCELLANEOUS PROVISIONS on Donation, Eye Bank Association of process, it does not ensure donation Sec. 301. National Aeronautics and Space Act America, National Kidney Foundation, will take place since the final decision of 1958 amendments. National Minority Organ and Tissue Sec. 302. Use of existing facilities. on whether a potential donor will share Transplant Education Program the gift of life is always made by sur- Sec. 303. Authority to reduce or suspend con- (MOTTEP), Transplant Recipients tract payments based on sub- viving family members regardless of International Organization (TRIO), stantial evidence of fraud. their loved one’s initial intent. United Network for Organ Sharing Sec. 304. Notice. There are approximately 21,000 men, (UNOS), and the Wendy Marks Founda- Sec. 305. Sense of Congress on the year 2000 women, and children in the United tion for Organ Donor Awareness. The problem. States who receive the gift of life each Sec. 306. Unitary Wind Tunnel Plan Act of efforts of these groups and others have year through transplantation surgery 1949 amendments. been critical in increasing donor Sec. 307. Enhancement of science and mathe- made possible by the generosity of awareness and education of the public organ and tissue donations. This is matics programs. on this extremely important cause. Sec. 308. Authority to vest title. only a small proportion of the more Mr. President, I urge all of my col- Sec. 309. NASA mid-range procurement test than 66,000 Americans who are on the leagues to join me in supporting this program. waiting list, hoping for their chance to worthwhile resolution designating Sec. 310. Space advertising. prolong their lives by finding a match- Thanksgiving day of 2000 as a day for Sec. 311. Authority to license NASA-devel- ing donor. Tragically, nearly 5,000 of families to discuss organ and tissue do- oped software. these patients each year (or 13 patients nation with other family members, a Sec. 312. Carbon cycle remote sensing tech- each day) die while waiting for a do- nology. day to ‘‘Give Thanks, Give Life.’’ Sec. 313. Indemnification and insurance. nated heart, liver, kidney, or other f organ. SEC. 2. FINDINGS. In order to narrow the gap between AMENDMENTS SUBMITTED ON Congress makes the following findings: the supply and the increasing demand NOVEMBER 5, 1999 (1) The National Aeronautics and Space Administration should continue to pursue for donated organs, there must be an actions and reforms directed at reducing in- effort to encourage willing donors to NATIONAL AERONAUTICS AND stitutional costs, including management re- make their desire to donate clear to SPACE ADMINISTRATION AU- structuring, facility consolidation, procure- the only people able to make the deci- ment reform, personnel base downsizing, and THORIZATION ACT OF 1999 sion, if the occasion should arise—their convergence with other defense and commer- immediate family members. Although cial sector systems, while sustaining safety there are up to 15,000 potential donors standards for personnel and hardware. FRIST AMENDMENT NO. 2542 (2) The National Aeronautics and Space annually, families’ consent to donation Mr. DOMENICI (for Mr. FRIST) pro- Administration should sustain its proud his- is received for less than 6,000 donors. posed an amendment to the bill (H.R. tory as the leader of the United States in As the demand for transplantation in- 1654) to authorize appropriations for basic aeronautics and space research. creases due to prolonged life expect- the National Aeronautics and Space (3) The United States is on the verge of ancy; increased prevalence of diseases Administration for fiscal year 2000, creating and using new technologies in that lead to organ damage and failure microsatellites, information processing, and 2001, and 2002, and for other purposes; space launches that could radically alter the including hypertension, alcoholism, as follows: and hepatitis C infection, this shortfall manner in which the Federal Government Strike all after the enacting clause and in- approaches its space mission. will become even more pronounced. Ad- sert the following: (4) The Federal Government should invest ditionally, the need for a more diverse SECTION 1. SHORT TITLE; TABLE OF CONTENTS. in the types of research and innovative tech- donor pool, including a variety of ra- (a) SHORT TITLE.—This Act may be cited as nology in which United States commercial cial and ethnic minorities, will also the ‘‘National Aeronautics and Space Admin- providers do not invest, whole avoiding com- continue to grow with the predicted istration Authorization Act for Fiscal Years petition with the activities in which United population trends. 2000, 2001, and 20002’’. States commercial providers do invest. Many Americans will spend part of (b) TABLE OF CONTENTS— (5) International cooperation in space ex- Sec. 1. Short title; table of contents. the Thanksgiving Day with some of ploration and science activities serves the Sec. 2. Findings. interest of the United States. those family members who would be Sec. 3. Definitions. (6) In participating in the National Aero- most likely approached to make the TITLE I—AUTHORIZATION OF nautical Test Alliance, the National Aero- important decision of whether or not APPROPRIATIONS nautics and Space Administration and the to donate. Therefore, this would be a SUBTITLE A—AUTHORIZATIONS Department of Defense should cooperate good time for families to spend a por- Sec. 101. International Space Station. more effectively in leveraging the mutual

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.066 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14301 capabilities of these agencies to conduct SEC. 103. SCIENCE, AERONAUTICS, AND TECH- funding shall be made available for con- joint aeronautics and space missions that NOLOGY. tinuing clinical trials of islet transplan- not only improve United States aeronautics There are authorized to be appropriated to tation in patients with Type I diabetes uti- and space capabilities, but also reduce the the National Aeronautics and Space Admin- lizing immunoisolation technologies derived cost of conducting those missions. istration for Science, Aeronautics, and from NASA space flights; SEC. 3. DEFINITIONS. Technology— (C) $1,547,959,000 for Earth Science; (1) for fiscal year 2000— In this Act: (D) $1,067,796,000 for aeronautics and space (A) $2,196,600,000 for Space Science; transportation technology, of which (1) ADMINISTRATOR.—The term ‘‘Adminis- (B) $256,200,000 for life and microgravity trator’’ means the Administrator of the Na- $880,000,000 shall be used for aeronautical re- sciences and applications, of which $2,000,000 search and technology, of which— tional Aeronautics and Space Administra- shall be for research and early detection sys- tion. (i) at least $60,000,000 shall be used for the tem for breast and ovarian cancer and other Aviation Safety program; (2) COMMERCIAL PROVIDER.—The term women’s health issues, and $2,000,000 shall be (ii) $25,000,000 shall be used to augment re- ‘‘Commercial provider’’ means any person made available for immediate clinical trials search and technology relating to reduction providing space transportation services or of islet transplantation in patients with in aircraft noise consistent with a noise re- other space-related activities, the primary Type I diabetes utilizing immunoisolation duction goal of 10dB by 2007; control of which is held by persons other technologies derived from NASA space (iii) $75,000,000 shall be used to augment re- than a Federal, State, local, or foreign gov- flights; search and technology for engine and air- ernment. (C) $1,459,100,000 for Earth Science; frame efficiency and emissions reduction; (3) CRITICAL PATH.—The term ‘‘critical (D) $1,156,500,000 for aeronautics and space and path’’ means the sequence of events of a transportation technology, of which— (iv) $50,000,000 shall be used for ultra-effi- schedule of events under which a delay in (i) $770,000,000 shall be used for aero- cient engine technology; any event causes a delay in the overall nautical research and technology, of which (E) $431,044,000 for mission communications schedule. at least $60,000,000 shall be used for the Avia- services; (4) GRANT AGREEMENT.—The term ‘‘grant tion Safety program, and of which $25,000,000 (F) $137,917,000 for academic programs; and agreement’’ has the meaning given that term shall be used to augment research and tech- (G) $280,000,000 for future planning (space in section 6302(2) of title 31, United States nology relating to reduction in aircraft noise launch). Code. consistent with a noise reduction goal of SEC. 104. MISSION SUPPORT. (5) INSTITUTION OF HIGHER EDUCATION.—The 10dB by 2007, and of which $50,000,000 shall be There are authorized to be appropriated to term ‘‘institution of higher education’’ has used for ultra-efficient engine technology; the National Aeronautics and Space Admin- the meaning given such term in section (ii) $254,000,000 shall be used for advanced istration for mission support— 1201(a) of the Higher Education Act of 1965 space transportation technology, of which (1) for fiscal year 2000— (20 U.S.C. 1141(a)). $111,600,000 shall be used only for the X–33 ad- (A) $43,000,000 for safety, mission assur- (6) MAJOR REORGANIZATION.—With respect vanced technology demonstration vehicle ance, engineering, and advanced concepts; to the National Aeronautics and Space Ad- program; and (B) $89,700,000 for space communication ministration, the term ‘‘major reorganiza- (iii) $132,500,000 shall be used for commer- services; tion’’ means any reorganization of the Ad- cial technology,of which some funds may be (C) $181,000,000 for construction of facili- ministration that involves the reassignment used for the expansion of the NASA business ties, including land acquisition; and of more than 25 percent of the employees of incubation program which is designed to fos- (D) $2,181,200,000 for research and program the National Aeronautics and Space Admin- ter partnerships between educational insti- management, including personnel and re- istration. tutions and small high-technology busi- lated costs, travel, and research operations (7) STATE.—The term ‘‘State’’ means each nesses with preference given to those pro- support. of the several States of the United States, grams associated with community colleges; (2) $2,569,747,000 for fiscal year 2001. the District of Columbia, the Commonwealth (E) $406,300,000 for mission communications (3) $2,646,839,000 for fiscal year 2002. of Puerto Rico, the Virgin Islands, Guam, services; SEC. 105. INSPECTOR GENERAL. American Samoa, the Commonwealth of the (F) $130,000,000 for academic programs, of There are authorized to be appropriated to Northern Mariana Islands, and any other which $46,000,000 shall be used for minority the National Aeronautics and Space Admin- commonwealth, territory, or possession of university research and education (at insti- istration for Inspector General— the United States. tutions such as Hispanic-serving institutions (1) $20,800,000 for fiscal year 2000; TITLE I—AUTHORIZATION OF and tribally-controlled community colleges), (2) $21,424,000 for fiscal year 2001; and APPROPRIATIONS of which $28,000,000 shall be used for histori- (3) $22,066,720 for fiscal year 2002. cally black colleges and universities; and SEC. 106. EXPERIMENTAL PROGRAM TO STIMU- SUBTITLE A—AUTHORIZATIONS (G) $150,000,000 for future planning (space LATE COMPETITIVE RESEARCH. SEC. 101. INTERNATIONAL SPACE STATION. launch). Of the amounts authorized to be appro- There are authorized to be appropriated to (2) for fiscal year 2001— priated for academic programs under section the National Aeronautics and Space Admin- (A) $2,262,498,000 for Space Science; 103(1)(F), 103(2)(F), and 103(3)(F), respec- istration for the International Space (B) $263,886,000 for life and microgravity tively, the Administrator shall use, for the Station— sciences and applications, and appropriate program known as the Experimental Pro- (1) $2,282,700,000 for fiscal year 2000; funding shall be made available for con- gram to Stimulate Competitive Research— (2) $2,328,000,000 for fiscal year 2001; and tinuing clinical trials of islet transplan- (1) $10,000,000 for fiscal year 2000; (3) $2,091,000,000 for fiscal year 2002. tation in patients with Type I diabetes uti- (2) $15,000,000 for fiscal year 2001; and SEC. 102. LAUNCH VEHICLE AND PAYLOAD OPER- lizing immunoisolation technologies derived (3) $20,000,000 for fiscal year 2002. ATIONS. from NASA space flights; Subtitle B—Limitations and Special There are authorized to be appropriated to (C) $1,502,873,000 for Earth Science; Authority (D) $1,036,695,000 for aeronautics and space National Aeronautics and Space Administra- SEC. 111. USE OF FUNDS FOR CONSTRUCTION. tion for Launch Vehicle and Payload transportation technology, of which $820,000,000 shall be used for aeronautical re- (a) AUTHORIZED USES.—Funds made avail- Operations— able by appropriations under section 101, (1) for fiscal year 2000— search and technology, of which— (i) at least $60,000,000 shall be used for the paragraphs (1)(A), (1)(B), (2)(A), (2)(B), (3)(A), (A) $2,547,400,000 for space shuttle oper- Aviation Safety program; and (3)(B) of section 102, section 103, and ations; (ii) $25,000,000 shall be used to augment re- paragraphs (1)(A), (1)(B), (2)(A), and (2)(B) of (B) $463,800,000 for space shuttle safety and search and technology relating to reduction section 104 and funds made available by ap- performance upgrades; and in aircraft noise consistent with a noise re- propriations for research operations support (C) $169,100,000 for payload and utilization duction goal of 10dB by 2007; pursuant to section 104 may, at any location operations. (iii) $75,000,000 shall be used to augment rein support of the purposes for which such (2) for fiscal year 2001— search and technology for engine and air- funds are appropriated, be used for— (A) $2,623,822,000 for space shuttle oper- frame efficiency and emissions reduction; (1) the construction of new facilities; and ations; and (2) additions to, repair of, rehabilitation of, (B) $481,964,000 for space shuttle safety and (iv) $50,000,000 shall be used for ultra-effi- or modification of existing facilities (in ex- performance upgrades; and cient engine technology; istence on the date on which such funds are (C) $174,173,000 for payload and utilization (E) $418,489,000 for mission communications made available by appropriation). operations. services; (b) LIMITATION.— (3) for fiscal year 2002— (F) $133,900,000 for academic programs; and (1) IN GENERAL.—Until the date specified in (A) $2,702,537,000 for space shuttle oper- (G) $150,000,000 for future planning (space paragraph (2), no funds may be expended pur- ations; launch). suant to subsection (a) for a project, with re- (B) $505,523,000 for space shuttle safety/per- (3) for fiscal year 2002— spect to which the estimated cost to the Na- formance upgrades; and (A) $2,330,373,000 for Space Science; tional Aeronautics and Space Administra- (C) $179,398,000 for payload and utilization (B) $271,803,000 for life and microgravity tion, including collateral equipment, exceeds operations. sciences and applications, and appropriate $1,000,000.

VerDate 29-OCT-99 05:44 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.091 pfrm01 PsN: S08PT1 S14302 CONGRESSIONAL RECORD — SENATE November 8, 1999

(2) DATE.—The date specified in this para- be used for any program that is not author- (c) BIMONTHLY REPORTING ON RUSSIAN STA- graphs is the date that is 30 days after the ized under this Act, except for projects for TUS.—On or before December 1, 1999, and Administrator notifies the Committee on construction of facilities. until substantial completion (as defined in Commerce, Science, and Transportation of (b) EXCEPTION.—Funds may be used for a section 202(b)(3) of this Act) of the assembly the Senate and the Committee on Science of program of the National Aeronautics and of the International Space Station, the Ad- the House of Representatives of the nature, Space Administration upon the expiration of ministrator shall report to Congress on the location, and estimated cost to the National the 30-day period beginning on the date on first day of every other month whether or Aeronautics and Space Administration of the which the Administrator provides a notice to not the Russians have performed work ex- project referred to in paragraph (1). the Committee on Commerce, Science, and pected of them and necessary to complete (c) TITLE TO FACILITIES.— Transportation of the Senate and the Com- the International Space Station. Such report (1) IN GENERAL.—If funds are used pursuant mittee on Science of the House of Represent- shall also include a statement of the Admin- to subsection (a) for grants for the purchase atives that contains— istrator’s judgment concerning Russia’s abil- or construction of additional research facili- (1) a full and complete statement of the ac- ity to perform work anticipated and required ties to institutions of higher education, or to tion proposed to be taken by the Adminis- to complete the International Space Station nonprofit organizations whose primary pur- trator with respect to be taken by the Ad- before the next report under this subsection. pose is the conduct of scientific research, ministrator with respect to that program; (d) DECISION ON RUSSIAN CRITICAL PATH title to these facilities shall be vested in the and ITEMS.—The President shall notify Congress United States. (2) the facts and circumstances that the within 90 days of enactment of this Act of (2) EXCEPTION.—If the Administrator deter- Administrator relied on to support the pro- the decision on whether or not to proceed mines that the national program of aero- posed action referred to in paragraph (1). with permanent replacement of the Russian nautical and space activities will best be (c) INFORMATION.—The Administrator shall Service Module, other Russian elements in served by vesting title to a facility referred keep the Committee on Commerce, Science, the critical path of the International Space to in paragraph (1) in an institution or orga- and Transportation of the Senate and the Station, or Russian launch services. Such nization referred to in that paragraph, the Committee on Science of the House of Rep- notification shall include the reasons and title to that facility shall vest in that insti- resentatives fully and currently informed justifications for the decision and the costs tution or organization. with respect to all activities and responsibil- associated with the decision. Such decision (3) CONDITION.—Each grant referred to in ities of the National Aeronautics and Space shall include a judgment of when the assem- paragraph (1) shall be made under such con- Administration within the jurisdiction of bly of the International Space Station will ditions as the Administrator determines to those committees. be completed. If the President decides to pro- be necessary to ensure that the United SEC. 115. USE OF FUNDS FOR SCIENTIFIC CON- ceed with a permanent replacement for the States will receive benefits from the grant SULTATIONS OR EXTRAORDINARY Russian Service Module or any other Rus- that are adequate to justify the making of EXPENSES. sian element in the critical path or Russian the grant. Not more than $35,000 of the amounts made launch service, the President shall notify SEC. 112. AVAILABILITY OF APPROPRIATED available by appropriations pursuant to sec- Congress of the reasons and the justification AMOUNTS. tion 103 may be used by the Administrator for the decision to proceed with the perma- To the extent provided in appropriations for scientific consultations or extraordinary nent replacement, and the costs associated Acts, appropriations authorized under sub- expenses. with the decision. title A may remain available without fiscal TITLE II—INTERNATIONAL SPACE SEC. 202. COST LIMITATION FOR THE INTER- year limitation. STATION. NATIONAL SPACE STATION (a) LIMITATION OF COSTS.—Except as pro- SEC. 113. REPROGRAMMING FOR CONSTRUCTION SEC. 201. INTERNATIONAL SPACE STATION CON- OF FACILITIES. TINGENCY PLAN. vided in subsection (c), the total amount appropriated for— (a) USE OF CONSTRUCTION FUNDS.—Subject (a) TRANSFER OF FUNDS TO RUSSIA.—Not- (1) costs of the International Space Station to subsection (b), in addition to the amounts withstanding any other provision of this Act, through completion of assembly may not ex- authorized for construction of facilities no funds or inkind payments shall be trans- ceed $21,900,000,000; and under section 101(4) or section 103(3), the Ad- ferred to any entity of the Russian Govern- (2) space shuttle launch costs in connec- ministrator may, for that purpose, from ment or any Russian contractor to perform tion with the assembly of the International funds otherwise available to the work on the International Space Station Space Station through completion of assem- Administrator— which the Russian Government pledged, at bly may not exceed $17,700,000,000 (deter- (1) use an additional amount equal to 10 any time, to provide at its expense. The sub- mined at the rate of $380,000,000 per space percent of the amount specified; or section shall not apply to the purchase or shuttle flight). (2) to meet unusual cost variations, use an modification of— additional amount equal to 25 percent of (b) COSTS TO WHICH LIMITATION APPLIES.— (1) the Russian Service Module, United (1) DEVELOPMENT COSTS.—The limitation that amount, after the termination of a 30- States owned Functional Cargo Block, Rus- day period beginning on the date on which imposed by subsection (a)(1) does not apply sian space launch vehicles and launch serv- to funding for operations, research, and crew the Administrator submits a report on the ices; or circumstances of such action by the Admin- return activities subsequent to substantial (2) until the assembly of the United States completion of the International Space Sta- istrator to the Committee on Commerce, lab module, command and control capa- Science, and Transportation of the Senate tion. bility. (2) LAUNCH COSTS.—The limitation imposed and the Committee on Science of the House (b) CONTINGENCY PLAN FOR RUSSIAN ELE- by subsection (a)(2) does not apply to space of Representatives. MENTS IN CRITICAL PATH.—The Administrator shuttle launch costs in connection with oper- (b) LIMITATION.—The aggregate amount au- shall develop and deliver to Congress, within ations, research, and crew return activities thorized to be appropriated for construction 60 days of enactment, a contingency plan for subsequent to substantial completion of the of facilities under section 101(4) and section the removal or replacement of each Russian International Space Station. 103(3) shall not be increased as a result of Government element of the International (3) SUBSTANTIAL COMPLETION.—For pur- any action taken by the Administrator Space Station that lies in the Station’s crit- poses of this subsection, the International under paragraph (1) or (2). ical path, as well as Russian space launch Space Station is considered to be substan- SEC. 114. CONSIDERATION BY COMMITTEES. services. Such plan shall include— tially completed when the development costs (a) IN GENERAL.— (1) decision points for removing or replac- comprise 5 percent or less of the total Inter- (1) LIMITATION ON USE OF FUNDS.—Except as ing those elements and launch services, to national Space Station costs for the fiscal provided in subsection (b), notwithstanding the maximum extent feasible, necessary for year. any other provision of law, no amount made completion of the International Space Sta- (c) AUTOMATIC INCREASE OF LIMITATION available by appropriations for the National tion; AMOUNT.—The amounts set forth in sub- Aeronautics and Space Administration in ex- (2) the estimated cost of implementing section (a) shall each be increased to reflect cess of the amount authorized for that pro- each such decision; and any increase in costs attributable to— gram under this title may be used for any (3) the cost, to the extent determinable, of (1) economic inflation; program with respect to which— removing or replacing a Russian Government (2) compliance with changes in Federal, (A) the annual budget request submitted critical path element or launch service after State, or local laws enacted after the date of by the President under section 1105(a) of title its decision point has passed, if— enactment of this Act; 31, United States Code, included a request for (A) the decision at that point was not to (3) the lack of performance or the termi- funding; and remove or replace the Russian Government nation of participation of any of the Inter- (B) for the fiscal year of the request re- element or launch service; and national countries participating in the Inter- ferred to in subparagraph (A), Congress de- (B) the National Aeronautics and Space national Space Station; and nied or did not provide funding. Administration later determines that the (4) new technologies to improve safety, re- (2) PROHIBITION.—Notwithstanding any Russian Government will be unable to pro- liability, maintainability, availability, or other provision of law, no amount made vide the critical path element or launch utilization of the International Space Sta- available by appropriations to the National service in a manner to allow completion of tion, or to reduce costs after completion of Aeronautics and Space Administration may the International Space Station. assembly, including increases in costs for on-

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.095 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14303 orbit assembly sequence problems, increased person (including, but not limited to, a nat- cret or commercial or financial information ground testing, verification and integration ural person who is an employee of the United that is privileged or confidential under the activities, contingency responses to on-orbit States, the cooperating party, or the cooper- meaning of section 552(b)(4) of title 5, United failures, and design improvements to reduce ating party’s subcontractors) or such natural States Code, if the information had been ob- the risk of on-orbit failures. person’s estate, survivors, or subrogees for tained from a non-Federal party, in any case (d) NOTICE OF CHANGES.—The Adminis- negligence, except with respect to a subrogee in which the technical data is generated in trator shall provide with each annual budget that is a party to the waiver or has other- the performance of experimental, develop- request a written notice and analysis of any wise agreed to be bound by the terms of the mental, or research activities or programs changes under subsection (c) to the amounts waiver. conducted by, or funded in whole or in part set forth in subsection (a) to the Senate (3) INDEMNIFICATION FOR DAMAGES.—A re- by, the Administration. The technical data Committees on Appropriations and on Com- ciprocal waiver under subsection (a) may not referred to in the preceding sentence shall merce, Science, and Transportation and to be used as the basis of a claim by the Admin- not be subject to the disclosure requirements the House of Representatives Committees on istration or the cooperating party for indem- of section 552 of title 5, United States Code.’’. Appropriations and on Science. The written nification against the other for damages paid SEC. 302. USE OF EXISTING FACILITIES. notice shall include— to a natural person, or that natural person’s (a) IN GENERAL.—In any case in which the (1) an explanation of the basis for the estate, survivors, or subogrees, for injury or Administrator considers the purchase, lease, change, including the costs associated with death sustained by that natural person as a or expansion of a facility to meet require- the change and the expected benefit to the result of activities connected to the Inter- ments of the National Aeronautics and Space program to be derived from the change; and national Space Station Program. Administration, the Administrator, taking (2) an analysis of the impact on the assem- (c) SAFETY OVERSIGHT AND REVIEW RE- into account the applicable requirements of bly schedule and annual funding estimates of QUIRED.—In the exercise of the authority pro- Federal law relating to the use or disposal of not receiving the requested increases. vided in subsection (a), and consistent with excess or surplus property, including the (e) REPORTING AND REVIEW.— relevant agreements with cooperating par- Federal Property and Administrative Serv- (1) IDENTIFICATION OF COSTS.— ties in the International Space Station Pro- ices Act of 1949, shall— (A) SPACE SHUTTLE.—As part of the over-all gram, the Administrator shall establish (1) consider whether there is available to space shuttle program budget request for overall safety requirements and plans and the Administrator for use for meeting those each fiscal year, the Administrator shall shall conduct overall integrated system safe- requirements— identify separately the amounts of the re- ty reviews for International Space Station (A) any military installation that is closed quested funding that are to be used for com- elements and payloads, and may undertake or being closed; pletion of the assembly of the International any and all authorized steps (including, but (B) any facility at an installation referred Space Station. not limited to, removal from launch mani- to in subparagraph (A); or (B) INTERNATIONAL SPACE STATION.—As part fest) to ensure, to the maximum extent pos- (C) any other facility that the Adminis- of the overall International Space Station sible, that such elements and payloads pose trator determines to be— budget request for each fiscal year, the Ad- no safety risks for the International Space (i) owned or leased by the United States for ministrator shall identify the amount to be Station. the use of another agency of the Federal used for development of the International (d) DEFINITIONS.—In this section: Government; and Space Station. (1) COOPERATING PARTY.—The term ‘‘co- (ii) considered by the head of the agency (2) ACCOUNTING FOR COST LIMITATIONS.—As operating party’’ means any person who en- involved— part of the annual budget request to the Con- ters into an agreement or contract with the (I) to be excess to the needs of that agency; gress, the Administrator shall account for Administration for the performance or sup- or the cost limitations imposed by subsection port of scientific, aeronautical, or space ac- (II) to be underutilized by that agency; and (a). tivities in furtherance of the International (2) in the case of an underutilized facility (3) VERIFICATION OF ACCOUNTING.—The Ad- Space Station Program. available in part for use to meet those requirements, consider locating an activity of ministrator shall arrange for a verification, (2) RELATED ENTITY.—The term ‘‘related by the General Accounting Office, of the ac- entity’’ includes contractors or subcontrac- the National Aeronautics and Space Admin- counting submitted to the Congress within tors at any tier, suppliers, grantees, and in- istration for which a facility is required at 60 days after the date on which the budget vestigators or detailees. that underutilized facility in such manner as to share the use of the facility with 1 or request is transmitted to the Congress. (3) COMMON TERMS.—Any term used in this (4) INSPECTOR GENERAL.—Within 60 days section that is defined in the National Aero- more agencies of the Federal Government. (b) ADDITION OR EXPANSION.—To the max- after the Administrator provides a notice nautics and Space Act of 1958 (42 U.S.C. 2451 imum extent feasible and cost-effective (and and analysis to the Congress under sub- et seq.) has the same meaning in this section not inconsistent with the purposes of the De- section (d), the Inspector General of the Na- as when it is used in that Act. tional Aeronautics and Space Administra- fense Base Closure and Realignment Act of (e) EFFECT ON PREVIOUS WAIVERS.—Sub- 1990 (104 Stat. 1808 et seq.) and the amend- tion shall review the notice and analysis was section (a) applies to any waiver of claims ments made by that Act), the Administrator provided. entered into by the Administrator without shall meet the requirements of the National SEC. 203. LIABILITY CROSS-WAIVERS FOR INTER- regard to whether it was entered into before, Aeronautics and Space Administration for NATIONAL SPACE STATION-RELATED on, or after the date of enactment of this ACTIVITIES. additional or expanded facilities by using fa- Act. (a) IN GENERAL.—Notwithstanding any cilities that— other provision of law, the Administrator, on TITLE III—MISCELLANEOUS PROVISIONS (1) the Administrator considers, pursuant behalf of the United States, its departments, SEC. 301. NATIONAL AERONAUTICS AND SPACE to subsection (a), to be available to the Ad- agencies, and related entities, may recip- ACT OF 1958 AMENDMENTS. ministrator for use to meet those require- rocally waive claims with cooperating par- (a) DECLARATION OF POLICY AND PURPOSE.— ments; and ties, and the related entities of such cooper- Section 102 of the National Aeronautics and (2) meet the management needs of the Na- ating parties under which each party to each Space Act of 1958 (42 U.S.C. 2451) is tional Aeronautics and Space Administra- such waiver agrees to be responsible, and amended— tion. agrees to ensure that its own related entities (1) by striking subsection (f); (c) UNDERUTILIZED INFRASTRUCTURE.—The are responsible, for damage or loss to its (2) by redesignating subsections (g) and (h) United States space launch industry has property or to property for which it is re- as subsection (f) and (g), respectively; and identified underutilized infrastructure at the sponsible, or for losses resulting from any in- (3) in subsection (g), as redesignated by Stennis Space Center for potential use in jury or death sustained by its own employees paragraph (1) of this subsection, by striking launch vehicle development activities. The or agents, as a result of activities connected ‘‘(f) and (g)’’ and inserting ‘‘and (f)’’. proposed use of this infrastructure is com- to the International Space Station Program. (b) REPORTS TO CONGRESS.—Section 206(a) patible with the Center’s propulsion test pro- (b) LIMITATIONS.— of the National Aeronautics and Space Act of grams and consistent with other efforts to (1) CLAIMS.—A reciprocal waiver under sub- 1958 (42 U.S.C. 2476(a)) is amended— optimize taxpayer investments while fos- section (a) may not preclude a claim by any (1) by striking ‘‘January’’ and inserting tering United States competitiveness and natural person (including, but not limited to, ‘‘May’’; and commercial use of space. The National Aero- a natural person who is an employee of the (2) by striking ‘‘calendar’’ and inserting nautics and Space Administration is encour- United States, the cooperating party, or the ‘‘fiscal’’. aged to pursue an appropriate method for cooperating party’s subcontractors) or that (c) DISCLOSURE OF TECHNICAL DATA.—Sec- making the underutilized Stennis Space Cen- natural person’s estate, survivors, or tion 303 of the National Aeronautics and ter infrastructure available under suitable subrogees for injury or death, except with re- Space Act of 1958 (42 U.S.C. 2454) is amended terms and conditions, if so requested by in- spect to a subrogee that is a party to the by adding at the end the following new sub- dustry, and to notify the United States Sen- waiver or has otherwise agreed to be bound section: ate Committee on Commerce, Science, and by the terms of the waiver. ‘‘(c) The Administrator may delay for a pe- Transportation and the United States House (2) LIABILITY FOR NEGLIGENCE.—A recip- riod not to exceed 5 years after development, of Representatives Committee on Science if rocal waiver under subsection (a) may not the unrestricted public disclosure of tech- existing Administration authority is insuffi- absolve any party of liability to any natural nical data that would have been a trade se- cient for this purpose.

VerDate 29-OCT-99 05:44 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.098 pfrm01 PsN: S08PT1 S14304 CONGRESSIONAL RECORD — SENATE November 8, 1999 SEC. 303. AUTHORITY TO REDUCE OR SUSPEND in order to enhance the science and mathe- of law, the Secretary may not, for the launch CONTRACT PAYMENTS BASED ON matics programs of those schools. of a payload containing any material to be SUBSTANTIAL EVIDENCE OF FRAUD. (2) REPORTS.—Not later than 1 year after used for the purposes of obtrusive space Section 2307(i)(8) of title 10, United States the date of enactment of this Act, and annu- advertising— Code, is amended by striking ‘‘and (4)’’ and ally thereafter, the Administrator shall pre- ‘‘(1) issue or transfer a license under this inserting ‘‘(4), and (6)’’. pare and submit to Congress a report de- chapter; or SEC. 304. NOTICE. scribing any donations of educationally use- ‘‘(2) waive the license requirements of this (a) NOTICE OF REPROGRAMMING.—If any ful Federal equipment to schools made dur- chapter. funds appropriated pursuant to the amending the period covered by the report. ‘‘(b) LAUNCHING.—No holder of a license ments made by this Act are subject to a re- SEC. 308. AUTHORITY TO VEST TITLE. under this chapter may launch a payload programming action that requires notice to Title III of the National Aeronautics and containing any material to be used for pur- be provided to the Committees on Appropria- Space Act of 1958 (72 Stat. 432 et seq.) is poses of obtrusive space advertising on or tions of the Senate and the House of Rep- amended by adding at the end the following: after the date of enactment of the National Aeronautics and Space Administration Au- resentatives, notice of that action shall con- ‘‘AUTHORITY TO VEST TITLE TO TANGIBLE PER- thorization Act for Fiscal Year 2000. currently be provided to the Committee on SONAL PROPERTY FOR RESEARCH OR TECH- ‘‘(c) COMMERCIAL SPACE ADVERTISING.— Commerce, Science, and Transportation of NOLOGY DEVELOPMENT Nothing in this section shall apply to non- the Senate and the Committee on Science of ‘‘SEC. 313. Notwithstanding any other pro- obtrusive commercial space advertising, in- the House of Representatives. vision of law, the Administrator may vest cluding advertising on— (b) NOTICE OF REORGANIZATION.—Not later title in tangible property (as that term is de- ‘‘(1) commercial space transportation vehi- than 30 days before any major reorganization fined by the Administrator) in any partici- cles; involving the reassignment of more than 25 pant that enters into a cooperative agree- ‘‘(2) space infrastructure, payloads; percent of the employees of any program, ment with the Administrator if— ‘‘(3) space launch facilities; and project, or activity of the National Aero- ‘‘(1) the primary purpose of the participant ‘‘(4) launch support facilities.’’. nautics and Space Administration, the Ad- is to conduct scientific research or tech- (c) NEGOTIATION WITH FOREIGN LAUNCHING ministrator shall provide notice to the Com- nology development; NATIONS.— mittees on Commerce, Science, and Trans- ‘‘(2) the property is acquired with amounts (1) The President is requested to negotiate portation and Appropriations of the Senate provided under a cooperative agreement be- with foreign launching nations for the pur- and the Committees on Science and Appro- tween the participant and the Administrator pose of reaching 1 or more agreements that priations of the House of Representatives. to conduct scientific research or technology prohibit the use of outer space for obtrusive SEC. 305. SENSE OF CONGRESS ON THE YEAR 2000 development; space advertising purposes. PROBLEM. ‘‘(3) the Administrator determines that (2) It is the sense of Congress that the With the year 2000 rapidly approaching, it vesting the title of the property in the par- President should take such action as is ap- is the sense of Congress that the Adminis- ticipant furthers the objectives of the Na- propriate and feasible to enforce the terms of trator should— tional Aeronautics and Space Administra- any agreement to prohibit the use of outer (1) give high priority to correcting all 2- tion; and space for obtrusive space advertising pur- ‘‘(4) the vesting of the title in the partici- poses. digit date-related problems in the computer pant is made— (3) As used in this subsection, the term systems of the National Aeronautics and ‘‘(A) on the condition that the United ‘‘foreign launching nation’’ means a nation— Space Administration to ensure that those States Government will not incur any fur- (A) that launches, or procures the launch- systems continue to operate effectively in ther obligation; and ing of, a payload into outer space; or the year 2000 and in subsequent years; ‘‘(B) subject to any other condition that (B) from the territory or facility of which (2) as soon as practicable after the date of the Administrator considers to be appro- a payload is launched into outer space. enactment of this Act, assess the extent of priate.’’. (d) CLERICAL AMENDMENT.—The table of the risk to the operations of the National SEC. 309. NASA MID-RANGE PROCUREMENT TEST sections for chapter 701 is amended by insert- Aeronautics and Space Administration posed PROGRAM. ing after the item relating to section 70109 by the problems referred to in paragraph (1), Section 5062 of the Federal Acquisition the following: and plan and budget for achieving compli- Streamlining Act of 1994 (42 U.S.C. 2473 nt) is ‘‘70109a. Space advertising.’’. ance for all of the mission-critical systems amended— SEC. 311. AUTHORITY TO LICENSE NASA-DEVEL- of the system by the year 2000; and (1) in subsection (a), by inserting after the OPED SOFTWARE (3) develop contingency plans for those sys- first sentence the following: ‘‘In addition to Section 305 of the National Aeronautics tems that the National Aeronautics and providing any other notice of any acquisition and Space Act of 1958 (42 U.S.C. 2457) is Space Administration is unable to correct by under the test conducted under this section, amended by adding at the end thereof the the year 2000. the Administrator shall publish a notice of following: SEC. 306. UNITARY WIND TUNNEL PLAN ACT OF that acquisition in, or make such a notice ‘‘(m) AUTHORITY TO LICENSE NASA-DEVEL- 1949 AMENDMENTS. available through, the automated version of OPED SOFTWARE.—Notwithstanding section The Unitary Wind Tunnel Plan Act of 1949 the Commerce Business Daily published by 105 of title 17, United States Code, the Ad- (50 U.S.C. 511 et seq.) is amended— the Secretary of Commerce.’’; ministrator may assert copyright in com- (1) in section 101 by striking ‘‘transsonic (2) in subsection (b), by striking ‘‘an esti- puter software authored by a United States and supersonic’’ and inserting ‘‘transsonic, mated annual total obligation of funds of Government employee when such software is supersonic, and hypersonic’’; and $500,000 or less’’ and inserting ‘‘a basic value created while participating with a non-Fed- (2) in section 103— (as that term is defined by the Adminis- eral party under an agreement entered into (A) in subsection (a)— trator)— under section 203(c)(5) and (c)(6) of this Act. (i) by striking ‘‘laboratories’’ and inserting ‘‘(1) of $2,000,000 or less; or The Administrator may grant, to the non- ‘‘(2) if options to purchase are involved, of ‘‘laboratories and centers’’; and Federal participating party, for royalties or $10,000,000 or less.’’; (ii) by striking ‘‘supersonic’’ and inserting other consideration, licenses or assignments (3) in subsection (c), by striking on computer software copyrighted pursuant ‘‘transsonic, supersonic, and hypersonic’’; ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’; and to this subsection and may retain and share and such royalties or other consideration con- (B) in subsection (c), by striking ‘‘labora- (4) in subsection (f), by striking ‘‘4 years’’ tory’’ and inserting ‘‘facility’’. sistent with section 14 of the Stevenson- and inserting ‘‘6 years’’. Wydler Technology Innovation Act of 1980 (15 SEC. 307. ENHANCEMENT OF SCIENCE AND MATH- SEC. 310. SPACE ADVERTISING. U.S.C. 3710c).’’. EMATICS PROGRAMS. (a) DEFINITION.—Section 70102 of title 49, SEC. 312. CARBON CYCLE REMOTE SENSING (a) DEFINITIONS.—In this section: United States Code, is amended— TECHNOLOGY. (1) EDUCATIONALLY USEFUL FEDERAL EQUIP- (1) by redesignating paragraphs (8) through (a) CARBON CYCLE REMOTE SENSING TECH- MENT.—The term ‘‘educationally useful Fed- (16) as paragraphs (9) through (17), respec- NOLOGY PROGRAM.— eral equipment’’ means computers and re- tively; and (1) IN GENERAL.—The Administrator of the lated peripheral tools and research equip- (2) by inserting after paragraph (7) the fol- National Aeronautics and Space Administra- ment that is appropriate for use in schools. lowing: tion, shall develop a carbon cycle remote ‘‘(8) ‘obtrusive space advertising’ means (2) SCHOOL.—The term ‘‘school’’ means a sensing technology program— public or private educational institution advertising in outer space that is capable of (A) to provide, on a near-continual basis, a that serves any of the grades of kindergarten being recognized by a human being on the real-time and comprehensive view of vegeta- through grade 12. surface of the Earth without the aid of a tel- tion conditions; and (b) SENSE OF CONGRESS.— escope or other technological device.’’. (B) to assess and model agricultural carbon (1) IN GENERAL.—It is the sense of Congress (b) PROHIBITION.—Chapter 701 of title 49, sequestration. that the Administrator should, to the great- United States Code, is amended by inserting (2) USE OF CENTERS.—The Administrator of est extent practicable and in a manner con- after section 70109 the following new section: the National Aeronautics and Space Admin- sistent with applicable Federal law (includ- ‘‘§ 70109a. Space advertising istration shall use regional earth science ap- ing Executive Order No. 12999), donate educa- ‘‘(a) LICENSING.—Notwithstanding the pro- plication centers to conduct research under tionally useful Federal equipment to schools visions of this chapter or any other provision this section.

VerDate 29-OCT-99 05:33 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.101 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14305 (3) RESEARCHED AREAS.—The area that (2) by adding at the end the following: ican migratory birds depend, by direct- shall be subjects of research conducted under ‘‘(b) CREDITING OF REDUCTION IN NON-FED- ing the Secretary of the Interior to im- this section include— ERAL SHARE.—The project cooperation agree- plement rules to reduce the overabun- (A) the mapping of carbon-sequestering ment for the Comite River Diversion Project dant population of mid-continent light land use and land cover; shall include a provision that specifies that (B) the monitoring of changes in land cover any reduction in the non-Federal share that geese; as follows: and management; results from the modification under sub- Strike Title II. (C) new systems for the remote sensing of section (a) shall be credited toward the share f soil carbon; and of project costs to be paid by the Amite (D) regional-scale carbon sequestration es- River Basin Drainage and Water Conserva- timation. tion District.’’. COASTAL BARRIER MAP BOUND- (b) REGIONAL EARTH SCIENCE APPLICATION SEC. ll. CHESAPEAKE CITY, MARYLAND. ARY CLARIFICATION LEGISLA- CENTER.— Section 535(b) of the Water Resources De- TION (1) IN GENERAL.—The Administrator of the velopment Act of 1999 (113 Stat. 349) is National Aeronautics and Space Administra- amended by striking ‘‘the city of Chesa- tion, may, at the sole discretion of the Ad- peake’’ each place it appears and inserting ministrator based on maximizing the use of SMITH OF NEW HAMPSHIRE ‘‘Chesapeake City’’. public funds, carry out this section through AMENDMENT NO. 2775 SEC. ll. CONTINUATION OF SUBMISSION OF the Regional Earth Science Application Cen- Mr. GRASSLEY (for Mr. SMITH of ter located at the University of Kansas (re- CERTAIN REPORTS BY THE SEC- RETARY OF THE ARMY. New Hampshire) proposed an amend- ferred to in this section as the ‘‘Center’’), if (a) RECOMMENDATIONS OF INLAND WATER- the Center enters into a partnership with a ment to the bill (S. 1398) to clarify cer- WAYS USERS BOARD.—Section 302(b) of the landgrant college or university. tain boundaries on maps relating to Water Resources Development Act of 1986 (33 (2) DUTIES OF CENTER.—The Center shall the Coastal Barrier Resources System; serve as a research facility and clearing- U.S.C. 2251(b)) is amended in the last sen- as follows: tence by striking ‘‘The’’ and inserting ‘‘Not- house for satellite data, software, research, On page 2, line 25, strike ‘‘July 1, 1999’’ and and related information with respect to re- withstanding section 3003 of Public Law 104– 66 (31 U.S.C. 1113 note; 109 Stat. 734), the’’. insert ‘‘October 18, 1999’’. mote sensing research conducted under this (b) LIST OF AUTHORIZED BUT UNFUNDED section. f STUDIES.—Section 710(a) of the Water Re- (3) USE OF CENTER.—The Administrator of the National Aeronautics and Space Admin- sources Development Act of 1986 (33 U.S.C. EXPRESSING THE SENSE OF THE 2264(a)) is amended in the first sentence by istration, may use the Center for carrying SENATE REGARDING THE out remote sensing research relating to agri- striking ‘‘Not’’ and inserting ‘‘Notwith- standing section 3003 of Public Law 104–66 (31 UNITED STATES POLICY TO- cultural best practices. WARD NATIO AND THE EURO- (c) AUTHORIZATION OF APPROPRIATIONS.— U.S.C. 1113 note; 109 Stat. 734), not’’. There is authorized to be appropriated to (c) REPORTS ON PARTICIPATION OF MINORITY PEAN UNION carry out this section $5,000,000 for fiscal GROUPS AND MINORITY-OWNED FIRMS IN MIS- years 2000 through 2002. SISSIPPI RIVER-GULF OUTLET FEATURE.—Sec- tion 844(b) of the Water Resources Develop- SEC. 313. INDEMNIFICATION AND INSURANCE. ment Act of 1986 (100 Stat. 4177) is amended LEVIN AMENDMENT NO. 2776 Section 431(d)(5) of the Departments of in the second sentence by striking ‘‘The’’ Veterans Affairs and Housing and Urban De- Mr. GRASSLEY (for Mr. LEVIN) pro- and inserting ‘‘Notwithstanding section 3003 velopment, and Independent Agencies Appro- posed an amendment to the resolution of Public Law 104–66 (31 U.S.C. 1113 note; 109 priations Act, 1999 (42 U.S.C. 2458b nt) is (S. Res. 208) expressing the sense of the Stat. 734), the’’. amended by striking ‘‘before the date of en- Senate regarding United States policy (d) LIST OF AUTHORIZED BUT UNFUNDED actment of this Act.’’ and inserting ‘‘before toward the North Atlantic Treaty Or- PROJECTS.—Section 1001(b)(2) of the Water July 31, 1999.’’. Resources Development Act of 1986 (33 U.S.C. ganization and the European Union, in f 579a(b)(2)) is amended in the first sentence by light of the Alliance’s April 1999 Wash- AMENDMENTS SUBMITTED ON striking ‘‘Every’’ and inserting ‘‘Notwith- ington Summit and the European NOVEMBER 8, 1999 standing section 3003 of Public Law 104–66 (31 Union’s June 1999 Cologne Summit; as U.S.C. 1113 note; 109 Stat. 734), every’’. follows: ll SEC. . AUTHORIZATIONS FOR PROGRAM PRE- In section 1(b), strike paragraph (1) and in- TECHNICAL CORRECTIONS TO THE VIOUSLY AND CURRENTLY FUNDED. sert the following: (a) PROGRAM AUTHORIZATION.—The pro- (1) on matters of trans-Atlantic concern, WATER RESOURCES DEVELOP- gram described in subsection (c) is hereby MENT ACT OF 1999 the European Union should make clear that authorized. it would undertake an autonomous mission (b) AUTHORIZATION OF APPROPRIATIONS.— through the European Security and Defense Funds are hereby authorized to be appro- Identity only after the North Atlantic Trea- WARNER (AND OTHERS) priated for the Department of Transpor- AMENDMENT NO. 2773 ty Organization had declined to undertake tation for the program authorized in sub- that mission; Mr. GRASSLEY (for Mr. WARNER (for section (a) in amounts as follows: In section 1(b)(5), strike ‘‘must’’ and insert (1) FISCAL YEAR 2000.—For fiscal year 2000, himself, Mr. CHAFEE, and Mr. REED)) ‘‘should’’. $10,000,000. proposed an amendment to the bill (2) FISCAL YEAR 2001.—For fiscal year 2001, f (H.R. 2724) to make technical correc- $10,000,000. tions to the Water Resoruces Develop- (3) FISCAL YEAR 2002.—For fiscal year 2002, AUTHORITY FOR COMMITTEES TO ment Act of 1999; as follows: $7,000,000. MEET On page 3, line 8, strike ‘‘$30,000,000’’ and (c) APPLICABILITY.—The program referred insert ‘‘$20,000,000’’. to in subsection (a) is the program for which COMMITTEE ON COMMERCE, SCIENCE, AND On page 4, strike lines 19 through 21 and in- funds appropriated in title I of Public Law TRANSPORTATION sert the following: 106–69 under the heading ‘‘FEDERAL RAIL- Mr. GRASSLEY. Mr. President, I ask (1) by striking ‘‘Each’’ and all that follows ROAD ADMINISTRATION’’ are available for unanimous consent that the Senate through the colon and inserting the fol- obligation upon the enactment of legislation Committee on Commerce, Science, and lowing: ‘‘Each of the following projects is au- authorizing the program. transportation be authorized to meet thorized to be carried out by the Secretary, f on Monday, November 8, 1999, at 9:30 and no construction on any such project may be initiated until the Secretary determines ARCTIC TUNDRA HABITAT a.m. on mergers in the communica- that the project is technically sound, envi- EMERGENCY CONSERVATION ACT tions industry. ronmentally acceptable, and economically The PRESIDING OFFICER. Without justified:’’; objection it is so ordered. On page 5, strike lines 9 through 12 and in- ABRAHAM AMENDMENT NO. 2774 SPECIAL COMMITTEE ON AGING sert the following: Mr. GRASSLEY (for Mr. ABRAHAM) Mr. GRASSLEY. Mr. President, I ask ll SEC. . COMITE RIVER, LOUISIANA. proposed an amendment to the bill unanimous consent that the Senate Section 371 of the Water Resources Devel- opment Act of 1999 (113 Stat. 321) is (H.R. 2454) to assure the long-term con- Committee on Aging be authorized to amended— servation of mid-continent light geese meet on November 8, 1999, at 2:00 p.m.– (1) by inserting ‘‘(a) IN GENERAL.—’’ before and the biological diversity of the eco- 5:00 p.m. in Hart 216 for the purpose of ‘‘The’’; and system upon which many North Amer- conducting a hearing.

VerDate 29-OCT-99 05:33 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.104 pfrm01 PsN: S08PT1 S14306 CONGRESSIONAL RECORD — SENATE November 8, 1999 The PRESIDING OFFICER. Without we view our rights and freedoms as entitle- gaining our seat back on the budget objection it is so ordered. ments and ignore the civic duties and re- oversight committee—the ACABQ. But f sponsibilities that ensure them. he needs this bill signed into law in George Santayana warned: ‘‘Those who fail order to convince the UN that reform PAUL KIRK ON ‘‘WHAT WE CAN DO to remember the past are condemned to re- will bring certain rewards. FOR DEMOCRACY’’ peat it.’’ To avert a repeat of an Athenian calamity, Americans’ attitudes must change. But passing this UN package is not Mr. KENNEDY. Mr. President, Paul When the Kennedy Library conference just about a series of reforms for the Kirk, who is well known to many of us asked what we must do to strengthen citi- future. It impacts directly on the abil- as a distinguished past chairman of the zenship and service for the future, the ity of the US mission to achieve our Democratic Party, recently wrote an attendees responded: goals at the United Nations right now. eloquent and insightful article on the The present ‘‘access for sale’’ culture must The US does not owe most of these ar- state of politics in America today. En- be replaced with comprehensive campaign fi- rears to the UN. It owes them to our al- titled ‘‘What We Can Do For Democ- nance reform that provides some public financing and free TV time to candidates who lies, like Britain and France, for reim- racy,’’ Mr. Kirk’s article discusses the agree to reasonable spending limits. Only bursement for peacekeeping expenses. growing political apathy of Americans, this can renew citizens’ trust that our votes And our arrears are being used as a and challenges citizens to take a more matter and our voices will be heard equally. convenient excuse to dismiss US con- active role in government. This issue Civic literacy education must be ingrained cerns on matters of policy. Depriving goes to the heart of our democracy, from grade school through college with the US government the ability to use and I believe that all of us who are con- extra-curricular citizenship activities that these funds as leverage is irresponsible; include possible school credit for community cerned about it will be interested in after all, our diplomats need ‘‘carrots’’ Mr. Kirk’s ideas. I ask that his article service. An attitude of welcome inclusion and con- as well as reasonable ‘‘sticks’’ to may be printed in the RECORD. tinuing citizenship education must be avail- achieve our foreign policy goals. The article follows: able to all ‘‘new’’ Americans. Unfortunately, the Clinton Adminis- [From the Boston Globe, Nov. 3, 1999] Each measure is critical, but who will as- tration and my colleagues in the House ‘‘WHAT WE CAN DO FOR DEMOCRACY’’ sure their adoption? John W. Gardner coun- of Representatives are jeopardizing the (By Paul G. Kirk, Jr.) seled that the ‘‘plain truth is that govern- payment of our arrears over a policy Alarms have sounded; no one has panicked; ment (and other powerful institutions) will that I call ‘‘Mexico City lite.’’ While I not become worthy of trust until citizens the response has been universal. Much time support the proposal to prohibit US and an estimated $200 billion have been spent take positive action to hold them to account.’’ You and I can ignore the alarm, thus government grant recipients from lob- on readiness and remediation plans to avert bying foreign governments to change a Y2K computer calamity. But how well are contributing to the calamity, or we can take we responding to a Y2K alarm of greater con- positive action to rescue our democracy. their abortion laws, I do not believe it sequence—the distressed health of America’s Citizens must launch a campaign to renew should be linked to the payment of our democracy? our national character and the spirit of citi- UN arrears. If these unrelated issues John Kennedy once admonished: ‘‘Democ- zenship and participation. One by one, our continue to be tied, then there is a racy is never a final achievement . . . it is a individual response can inspire a collective good chance neither proposal will be national chorus reminding others that our call to an untiring effort.’’ In this twilight of enacted. ‘‘America’s Century’’ and before the dawn of freedom and democracy are directly dependent on our own patriotism, active citizen- I am hopeful that my colleagues in a new millennium, now seems a logical time the House and the Administration will to take stock of our effort. ship, unselfish service, respect for pluralism, A few weeks ago the Kennedy Library ob- and intolerance of the present condition. see the wisdom of adopting measures served its 20th anniversary by inviting more Mark my words. If you and I commit ‘‘an that will enhance America’s ability to than 75 distinguished business leaders, col- untiring effort’’ to this national civic cam- exert leadership in the international lege presidents, public officials, nonprofit ex- paign, communities, organizations, edu- arena with the revitalization of the ecutives, and journalists to begin the assess- cators, religious and business leaders, the UN. The State Department Authoriza- ment. They found the following symptoms: media and opinion shapers, political can- tion bill should be allowed to pass or didates and parties, and, yes, the President An all-time high level of cynicism, dis- fail on its own merit—not on the mer- affection, and citizen disconnect from poli- of the United States whom we elect one year tics coincides with an all-time high level of from now will follow. its of the Mexico City lite policy. This powerful interest money being spent on po- Think about it. It’s called ‘‘consent of the agreement is in America’s best inter- litical campaigns. governed.’’ It’s our democracy, and it’s a est, and the best interest of the entire Money is now the all-consuming obsession noble campaign you’ll be proud to win.∑ international community.∑ of candidates and parties, the deterrent to f f political competition, the barrier to equal representation, the controlling factor in U.N. ARREARS PACKAGE MAYOR JOE SERNA nominations and elections, and the cor- ∑ Mr. GRAMS. Mr. President, I have ∑ Mrs. BOXER. Mr. President, a great rupting influence of public policy decisions. come to the floor today to call on Con- 62 percent of Americans eligible to vote in American died this past weekend: the 1998 midterm election chose not to, while gress and the President to make sure Mayor Joe Serna Jr. of Sacramento, less than a majority voted in the 1996 presi- the UN reform package is signed into California. Mayor Serna was much be- dential election. law before we recess. As Chairman of loved by his constituents, family, and Those of us who know less, care less, par- the International Operations Sub- friends. We will all miss him terribly. ticipate less, and vote less than other eligi- committee, I have worked hard to help Joe Serna and I became friends while ble voters are the 18- to 24-year-olds. forge a solid bipartisan United Nations working closely together on gun con- Personal consumption and borrowing are at an all-time high while our savings rate is reform package. trol, education, and other issues of mu- at an all-time low. Our message in crafting this legisla- tual concern. He was a man of great vi- Record market growth and new prosperity tion is simple and straightforward. The sion, courage, energy, warmth, and will likely result in the largest transfer of U.S. can help make the United Nations humor. individual fortune and economic capital to a more effective, more efficient and fi- He was also a living embodiment of the next generation in our history. nancially sounder organization, but the American Dream: a first-genera- Concurrently, the abrogation of any obli- only if the U.N. and other member tion American who helped to reshape gation to transfer to the next generation some appreciation of civic capital and public states, in return, are willing to finally the capital of our Nation’s largest responsibility is more palpable than ever in become accountable to the American state. our history. taxpayers. Joe Serna Jr. was born in 1939, the Writing of an earlier democracy, historian The reforms proposed by the United son of Mexican immigrants. As the old- Edward Gibbon put our symptoms in per- States are critical to ensure the United est of four children, Joe grew up in a spective: ‘‘When the Athenians finally want- Nations is effective and relevant. Am- bunkhouse and worked with his family ed not to give to society but for society to bassador Holbrooke has been pushing in the beet fields around Lodi. give to them, when the freedom they wished for most was freedom from responsibility, other member states to accept the re- Joe never forgot his roots. After at- then Athens ceased to be free.’’ forms in this package in return for the tending Sacramento City College and Let’s face it. We, too, have become so ob- payment of arrears. He has succeeded graduating from California State Uni- sessed with self-gratification and gain that beyond all reasonable expectations, by versity, Sacramento, he served in the

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.067 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14307 Peace Corps and went to work for the ored People. It was from this position [From The New York Times, Nov. 5, 1999] United Farm Workers, where Cesar that she was thrust into the national ON MY MIND Chavez became his mentor and role spotlight, as a leader during the crisis (By A.M. Rosenthal) model. of Central High School in 1957, when On Jan. 6, 1987, when The New York Times In 1969, Joe managed the successful black students attempting to enter the printed my first column, the headline I had campaign of Manuel Ferrales for the school were blocked by rioters and the written was: ‘‘Please Read This Column!’’ It Sacramento City Council. After serving National Guard. was not just one journalist’s message of the day, but every writer’s prayer—come know on the city’s redevelopment agency in Throughout the crisis, the Little me. the 1970s, Joe was elected to the Coun- Rock Nine would gather in her tiny Sometimes I wanted to use it again. But I cil himself in 1981. He was elected home before and after school to was smitten by seizures of modesty and de- mayor in 1992 and re-elected in 1996, strategize about their survival. It was cided twice might be a bit showy. Now I have winning both races by wide margins. her home from which the Little Rock the personal and journalistic excuse to set it Throughout his terms in office, he con- down one more time. Nine were picked up from every morn- This is the last column I will write for The tinued to work as a professor of gov- ing by federal troops to take them to Times and my last working day on the paper. ernment and ethnic studies at his alma Central High, to face the rioters and I have no intention of stopping writing, mater, Cal State Sacramento. the hatred. It was her home that was journalistically or otherwise. And I am Mayor Serna virtually rebuilt the attacked by the segregationists. buoyed by the knowledge that I will be start- city of Sacramento. He forged public- Even after the Little Rock Nine fi- ing over. private partnerships to redevelop the nally received federal protection to at- Still, who could work his entire journalistic career—so far—for one paper and not downtown, revitalize the neighbor- tend Central High, Daisy Bates contin- leave with sadnesses, particularly when the hoods, and reform the public school ued to face violence and harassment. paper is The Times? Our beloved, proud New system. He presided over an urban ren- Threats were made against her life. York Times—ours, not mine or theirs, or aissance that transformed Sacramento Bombs made of dynamite were thrown yours, but ours, created by the talents and into a dynamic modern metropolis. at her house. KKK crosses were burned endeavor of its staff, the faithfulness of the Joe Serna died as he lived: with great on her lawn. On two separate occa- publishing family and, as much as anything strength and dignity. Last month, as sions, her house was set on fire and all else, by the ethics and standards of its read- he publicly discussed his impending ers and their hunger for ever more informa- the glass in the front of the house was tion, of a range without limit. death from cancer, he said, ‘‘I was sup- broken out. Arrive in a foreign capital for the first posed to live and die as a farmworker, It’s hard to imagine how difficult it time, call a government minister and give not as a mayor and a college professor. must have been for Daisy Bates to con- just your name. Ensues iciness. But add ‘‘of I have everything to be thankful for. I tinue pursuing her convictions under The New York Times,’’ and you expect to be have the people to thank for allowing such circumstances, but her persever- invited right over and usually are; nice. me to be their mayor. I have society to ‘‘Our proud New York Times’’—sounds ar- ance is true testament to the strength rogant and is a little, why not? But the pride thank for the opportunity it has given of her character. Despite the violence, is individual as well as institutional. For me.’’ harassment and intimidation, Daisy members of the staff, news and business, the Mr. President, it is we who are Bates would not be deterred. She spent pride is in being important to the world’s thankful today for having had such a several more decades actively advanc- best paper—you hear?—and being able to man serve the people of California.∑ ing the cause of civil rights, and helped stretch its creative reach. And there is pride f the town of Mitchellville, Arkansas to knowing that even if we are not always honest enough with ourselves to achieve fair- CIVIL RIGHTS LEADER DAISY elect its first black mayor and city ness, that is what we promise the readers, BATES council. and the standard to which they must hold us. I am saddened that Mrs. Bates will I used to tell new reporters: The Times is ∑ Mr. HUTCHINSON. Mr. President, I not be on hand next week when the far more flexible in writing styles than you rise today before the Senate to praise Little Rock Nine is presented the Con- might think, so don’t button up your vest one of the true heroes of the civil gressional Medal of Honor. That honor and go all stiff on us. But when it comes to rights movement, Daisy Bates. In her is truly one that belongs to her, the the foundation—fairness—don’t fool around with it, or we will come down on you. death yesterday at age 84, America has woman who shepherded those brave lost one of the most courageous advo- Journalists often have to hurt people, just young men and women through those by reporting the facts. But they do not have cates for justice and equality between extremely difficult days forty years to cause unnecessary cruelty, to run their races. ago. My prayers go out to the family rings across anybody’s face for the pleasure Daisy Bates’ life was one of convic- and the many friends of Daisy Bates. I of it—and that goes for critics, too. tion and resolve. Her character was a know that God is throwing open the When you finish a story, I would say, read model of grace and dignity. it, substitute your name for the subject’s. If gates of heaven today for Daisy, a you say, well, it would make me miserable, Mrs. Bates was born in 1914, the small woman who helped so many others town of Huttig, Arkansas in the south- make my wife cry, but it has no innuendo, no enter doors that were once barred to unattributed pejorative remarks, no slap in ern part of the state. Her life was them.∑ the face for joy of slapping, it is news, not touched by the violence of racial ha- gutter gossip, and as a reporter I know the tred at a young age, when her mother f writer was fair, then give it to the copy desk. was killed while resisting the advances If not, try again—we don’t want to be your of three white men. Her father left cop. soon thereafter, and Daisy was raised THE DEPARTURE OF A.M. ROSEN- Sometimes I have a nightmare that on a certain Wednesday—why Wednesday I don’t by friends of her family. THAL FROM THE NEW YORK TIMES know—The Times disappeared forever. I Daisy moved to Little rock and mar- wake trembling; I know this paper could ried L.C. Bates, a former newspaper- ∑ Mr. MOYNIHAN. Mr. President, never be recreated. I will never tremble for man, in 1942. For eighteen years, the Please read these remarks! A.M. Rosen- the loss of any publication that has no en- two published the Arkansas State thal has just this past Friday con- forced ethic of fairness. Press, the largest black newspaper in cluded fifty-five years as a reporter, Starting fresh—the idea frightened me. the state. The Arkansas State Press editor, and columnist for The New Then I realized I was not going alone. I would take my brain and decades of was an influential voice in the state of York Times. There has been none such newspapering with me. And I understood Arkansas which played a key role in ever. Nor like to be again. Save, of many of us had done that on the paper—mov- the civil rights movement. Daisy and course, that this moment marks a ing from one career to another. L.C. used the State Press to focus at- fresh start for the legendary, and al- First I was a stringer from City College, tention on issues of inequity in the though he would demur, beloved Abe. my most important career move. It got me criminal justice system, police bru- Mr. President, I ask unanimous con- inside a real paper and paid real money. tality and segregation. sent that A.M. Rosenthal’s last column Twelve dollars a week, at a time when City’s free tuition was more than I could afford. In 1952, Daisy was elected president and an editorial from Friday’s Times My second career was as a reporter in New of the state chapter of the National As- be printed in the RECORD. York, with a police press pass, which cops sociation for the Advancement of Col- The material follows: were forever telling me to shove in my ear.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.083 pfrm01 PsN: S08PT1 S14308 CONGRESSIONAL RECORD — SENATE November 8, 1999 I got a two-week assignment at the brand- Rosenthal’s life and that of this newspaper THE MARTEL FAMILY new United Nations, and stayed eight years, have been braided together over a remark- Mr. BURNS. Mr. President, I rise until I got what I lusted for—a foreign post. able span—from World War II to the turning ∑ I served The Times in Communist Poland, of the millennium. His talent and passionate today in recognition of the Martel fam- for the first time encountering the suffo- ambition carried him on a personal journey ily of Bozeman, Montana. cating intellectual blanket that is Com- from City College correspondent to executive In 1951, Emil Martel and his family munism’s great weapon. In due time I was editor, and his equally passionate devotion fled communist Russia and eventually thrown out. to quality journalism made him one of the settled in Bozeman. In 1960, Emil and But mostly it was Asia. The four years in principal architects of the modern New York his son, Bill, formed Martel Construc- India excited me then and forever. Rosen- Times. tion and constituted its entire work- thal, King of the Khyber Pass! Abe Rosenthal began his career at The force. In the past forty years, however, After nine years as a foreign cor- Times as a 21-year-old cub reporter scratch- Martel Construction has grown to em- respondent, somebody decided I was too ing for space in the metropolitan report, and happy in Tokyo and nagged me into going he ended it as an Op-Ed page columnist ploy 200 people and now contracts in home to be an editor. At first I did not like noted for his commitment to political and six states. Today, Martel Construction it, but I came to enjoy editing—once I be- religious freedom. In between he served as a maintains its familiar character and is came the top editor. Rosenthal, King of the correspondent at the United Nations and was still run as a family business. Martel Hill! based in three foreign countries, winning a Construction was recently awarded the When I stepped down from that job, I start- Pulitzer Prize in 1960 for his reporting from United States Small Business Adminis- ed all over again as a times Op-Ed columnist, Poland. He came home in 1963 to be metro- tration’s 1999 Entrepreneurial Success paid to express my own opinions. If I had politan editor. In that role and in higher po- Award as well as the 1999 Montana done that as a reporter or editor dealing sitions, he became a tireless advocate of with the news, I would have broken readers’ opening the paper to the kind of vigorous Family Business of the Year award by trust that the news would be written and writing and deep reporting that character- the College of Business at Montana played straight. ized his work. As managing editor and execu- State University-Bozeman. Straight does not mean dull. It means tive editor, Abe Rosenthal was in charge of Martel Construction and the Martel straight. If you don’t know what that means, The Times’s news operations for a total of 17 family represent a modern American you don’t belong on this paper. Clear? years. success story. I applaud them not only As a columnist, I discovered that there Of his many contributions as an editor, for what they have accomplished for were passions in me I had not been aware of, two immediately come to mind. One was his lying under the smatterings of knowledge themselves but also for what they have role in the publication of the Pentagon Pa- given back to their community. Their about everything that I had to collect as ex- pers, the official documents tracing a quar- ecutive editor—including hockey and deben- ter-century of missteps that entangled hard work serves as inspiration for tures, for heaven’s sake. America in the Vietnam War. Though hardly other small businesses in my state of Mostly the passions had to do with human alone among Times editors, Mr. Rosenthal Montana; their success is proof that rights, violations of—like African women was instrumental in mustering the argu- the American Dream lives on.∑ having their genitals mutilated to keep ments that led to the decision by our then f them virgin, and Chinese and Tibetan polit- publisher, Arthur Ochs Sulzberger, to pub- ical prisoners screaming their throats raw. lish the archive. That fateful decision helped UNANIMOUS CONSENT REQUEST— I wrote with anger at drug legitimizers and illustrate the futile duplicity of American H.R. 3196 rationalizers, helping make criminals and policy in Vietnam, strengthened the press’s destroying young minds, all the while with Mr. GRASSLEY. Mr. President, I ask First Amendment guarantees and reinforced unanimous consent that the Senate nauseating sanctimony. The Times’s reputation as a guardian of the As a correspondent, it was the Arab states, public interest. now proceed to the consideration of not Israel, that I wanted to cover. But they The second achievement, more institu- H.R. 3196, the foreign operations appro- did not welcome resident Jewish correspond- tional in nature, was Mr. Rosenthal’s central priations bill. I further ask consent ents. As a columnist, I felt fear for the whit- role in transforming The Times from a two- that a substitute amendment, which is tling away of Israeli strength by the Israelis, section to a four-section newspaper with the at the desk, be agreed to, the bill be and still do. introduction of a separate business section read a third time and passed, the mo- I wrote about the persecution of Christians and new themed sections like SportsMonday, in china. When people, in astonishment, tion to reconsider be laid upon the Weekend and Science Times. Though a jour- table, and any statement relating to asked why, I replied, in astonishment, be- nalist of the old school, Abe Rosenthal cause it is happening, because the world, in- grasped that such features were necessary to the bill be printed in the RECORD. I fur- cluding American and European Christians broaden the paper’s universe of readers. He ther ask consent that the Senate insist and Jews, pays almost no attention, and that insisted only that the writing, editing and on its amendment and request a con- plain disgusts me. article selection measure up to The Times’s ference with the House. The lassitude about Chinese Communist traditional standards. Ms. LANDRIEU. I object. brutalities is part of the most nasty Amer- By his own admission, Abe Rosenthal could The PRESIDING OFFICER. Objec- ican reality of this past half-century. Never be ferocious in his pursuit and enforcement tion is heard. before have the U.S. government, business of those standards. Sometimes, indeed, de- f and public been willing, eager really, to bate about his management style competed praise and enrich tyranny, to crawl before it, for attention with his journalistic achieve- 10TH ANNIVERSARY OF HISTORIC to endanger our martial technology—and all ments. But the scale of this man’s editorial EVENTS IN CENTRAL AND EAST- for the hope (vain) of trade profit. accomplishments has come more fully into America is going through plump times. ERN EUROPE focus since he left the newsroom in 1986. It is But economic strength is making us weaker now clear that he seeded the place with tal- Mr. GRASSLEY. Mr. President, I ask in head and soul. We accept back without ent and helped ensure that future genera- unanimous consent that the Senate penalty a president who demeaned himself tions of Times writers and editors would hew now proceed to the immediate consid- and us. We rain money on a Politburo that to the principles of quality journalism eration of Calendar No. 380, S. Con. must rule by terror lest it lose its collective Born in Canada, Mr. Rosenthal developed a Res. 68. head. deep love for New York City and a fierce af- The PRESIDING OFFICER. The I cannot promise to change all that. But I fection for the democratic values and civil can say that I will keep trying and that I clerk will report the concurrent resolu- liberties of his adopted country. For the last thank God for (a) making me an American tion by title. 13 years, his lifelong interest in foreign af- citizen, (b) giving me that college-boy job on The legislative clerk read as follows: fairs and his compassion for victims of polit- The Times, and (c) handing me the oppor- A concurrent resolution (S. Con. Res. 68) ical, ethnic or religious oppression in Tibet, tunity to make other columnists kick them- expressing the sense of Congress on the occa- China, Iran, Africa and Eastern Europe selves when they see what I am writing, in sion of the 10th anniversary of historic formed the spine of his Op-Ed columns. His this fresh start of my life. events in Central and Eastern Europe, par- strong, individualistic views and his bedrock ticularly the Velvet Revolution in Czecho- journalistic convictions have informed his [From The New York Times, Nov. 5, 1999] slovakia, and reaffirming the bonds of work as reporter, editor and columnist. His friendship and cooperation between the A.M. ROSENTHAL OF THE NEW YORK TIMES voice will continue to be a force on the United States and the Czech and Slovak Re- The departure of a valued colleague from issues that engage him. And his commitment publics. The New York Times is not, as a rule, occa- to journalism as an essential element in a sion for editorial comment. But the appear- democratic society will abide as part of the There being no objection, the Senate ance today of A. M. Rosenthal’s last column living heritage of the newspaper he loved and proceeded to consider the concurrent on the Op-Ed page requires an exception. Mr. served for more than 55 years.∑ resolution.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.117 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14309 Mr. BIDEN. Mr. President, I rise to Whereas on November 17, 1989, the brutal 101(a)(15)(S) of such Act, and to authorize ap- congratulate my colleagues for having break up of a student demonstration com- propriations for the refugee assistance pro- supported S. Con. Res. 68, a sense-of- memorating the 50th anniversary of the exe- gram under chapter 2 of title IV of the Immi- the-Senate resolution, which I cospon- cution of Czech student leaders and the clo- gration and Nationality Act. sure of universities by the Nazis triggered sored with Senator HELMS, commemo- There being no objection, the Senate the explosion of mass discontent that rating the tenth anniversary of the so- proceeded to consider the bill. launched the Velvet Revolution, which was Mr. GRASSLEY. Mr. President, I ask called Velvet Revolution, whereby the characterized by reliance on nonviolence and people of Czechoslovakia overthrew the open public discourse; unanimous consent that the bill be communist dictatorship that had op- Whereas the peoples of Czechoslovakia considered read a third time and pressed them for four decades. overthrew 40-years of totalitarian com- passed, the motion to reconsider be Since then, Czechoslovakia decided munist rule in order to rebuild a democratic laid upon the table, and any statement to effect a ‘‘Velvet Divorce.’’ Today society; relating to the bill be printed in the both successor states, the Czech Repub- Whereas since November 17, 1989, the peo- RECORD. lic and the Slovak Republic, are in the ple of the Czech and Slovak Republics have The PRESIDING OFFICER. Without process of integrating into the West. established a vibrant, pluralistic, democratic objection, it is so ordered. political system based upon freedom of The Czech Republic is already a mem- speech, a free press, free and fair open elec- The bill (H.R. 3061) was read the third ber of the North Atlantic Treaty Orga- tions, the rule of law, and other democratic time and passed. nization, and Slovakia is emerging as a principles and practices as they were recog- f strong candidate for the next round of nized by President Wilson and President EQUALITY FOR ISRAEL AT THE enlargement. Both countries are busily Thomas G. Masaryk; preparing to qualify for membership in Whereas the Czech Republic joined the UNITED NATIONS ACT OF 1999 the European Union. North Atlantic Treaty Organization on Mr. GRASSLEY. Mr. President, I ask Both countries have growing pains March 12, 1999, the admission of which was unanimous consent that the Senate associated with the difficult transi- approved by the Senate of the United States now proceed to the consideration of tions from dictatorship to democracy, on April 30, 1998; calendar No. 376, S. 923. Whereas the Czech and Slovak Republics and from a command economy to the are in the process of preparing for admission The PRESIDING OFFICER. The free market. Both have ongoing chal- to the European Union; clerk will report the bill by title. lenges to guarantee equal rights for Whereas the people of the United States The legislative clerk read as follows: minorities. But the overall picture for and the Czech and Slovak Republics have A bill (S. 923) to promote full equality at the Czech Republic and for the Slovak maintained a special relationship based on the United Nations for Israel. Republic is bright. shared democratic values, common interests, There being no objection, the Senate I am delighted that the Senate has and bonds of friendship and mutual respect; proceeded to consider the bill. and recognized the accomplishments of the Mr. GRASSLEY. Mr. President, I ask Czechs and the Slovaks and has wished Whereas the American people have an affinity with the peoples of the Czech and Slo- unanimous consent that the bill be them continued success in the future vak Republics and regard the Czech and Slo- read a third time and passed, the mo- as partners of the United States. vak Republics as trusted and important part- tion to reconsider be laid upon the I thank the Chair. ners: Now, therefore, be it table, and any statements relating to Mr. GRASSLEY. Mr. President, I ask Resolved by the Senate (the House of Rep- the bill be printed in the RECORD. unanimous consent that the resolution resentatives concurring), That the Congress— The PRESIDING OFFICER. Without be agreed to, the preamble be agreed (1) recognizes the 10th anniversary of the objection, it is so ordered. to, the motion to reconsider be laid historic events in Central and Eastern Eu- The bill (S. 923) was read the third rope that brought about the collapse of the upon the table, and any statements re- time and passed, as follows: lating to this resolution be printed in communist regimes and the fall of the Iron Curtain, and commemorates with the Czech S. 923 the RECORD. The PRESIDING OFFICER. Without and Slovak Republics the 10th anniversary of Be it enacted by the Senate and House of Rep- the Velvet Revolution in Czechoslovakia, objection, it is so ordered. resentatives of the United States of America in which underscores the significance and value Congress assembled, The concurrent resolution (S. Con. of reclaimed freedom and the dignity of indi- Res. 68) was agreed to. SECTION 1. SHORT TITLE. vidual citizens; This Act may be cited as the ‘‘Equality for The preamble was agreed to. (2) commends the peoples of the present The concurrent resolution, with its Israel at the United Nations Act of 1999’’. Czech and Slovak Republics for their SEC. 2. EFFORT TO PROMOTE FULL EQUALITY AT preamble, reads as follows: achievements in building new states and plu- THE UNITED NATIONS FOR ISRAEL. S. CON. RES. 68 ralistic democratic societies nearly 60 years (a) CONGRESSIONAL STATEMENT.—It is the Whereas on September 3, 1918, the United of totalitarian fascist and communist rule; sense of the Congress that— States Government recognized the Czecho- (3) supports the peoples of the Czech and (1) the United States should help promote Slovak National Council as the official Gov- Slovak Republics in their determination to an end to the inequity experienced by Israel ernment of Czechoslovakia; join trans-Atlantic institutions through in the United Nations whereby Israel is the Whereas on October 28, 1918, the peoples of memberships in the North Atlantic Treaty only longstanding member of the organiza- Bohemia, Moravia, and part of Silesia, com- Organization (NATO) and the European tion to be denied acceptance into any of the prising the present Czech Republic, and peo- Union; United Nations region blocs, which serve as ples of Slovakia, comprising the present Slo- (4) reaffirms the bonds of friendship and the basis for participation in important ac- vak Republic, proclaimed their independence close cooperation that have existed between tivities of the United Nations, including ro- in a common state of the Czechoslovak Re- the United States and the Czech and Slovak tating membership on the United Nations public; Republics; and Security Council; and Whereas on November 17, 1939, the Czech (5) extends the warmest congratulations (2) the United States Ambassador to the institutions of higher learning were closed and best wishes to the Czech Republic and United Nations should take all steps nec- by the Nazis, many students were taken to Slovak Republic and their people for a peace- essary to ensure Israel’s acceptance in the concentration camps, and nine representa- ful, prosperous, and successful future. Western Europe and Others Group (WEOG) tives of the student movement were exe- f regional bloc, whose membership includes cuted; IMMIGRATION AND NATIONALITY the non-European countries of Canada, Aus- Whereas between 1938 and 1945, the Nazis tralia, and the United States. annexed part of Bohemia, set up a fascist ACT EXTENSION (b) REPORTS TO CONGRESS.—Not later than ‘‘protectorate’’ in the rest of Bohemia and in Mr. GRASSLEY. Mr. President, I ask 60 days after the date of the enactment of Moravia, and installed a puppet fascist gov- unanimous consent that the Senate this Act and on a quarterly basis thereafter, ernment in Slovakia; proceed to Calendar No. 350, H.R. 3061. the Secretary of State shall submit to the Whereas the Communists seized power The PRESIDING OFFICER. The appropriate congressional committees a re- from the democratically elected government port which includes the following informa- of Czechoslovakia in March 1948; clerk will report the bill by title. tion (in classified or unclassified form as ap- Whereas troops from Warsaw Pact coun- The legislative clerk read as follows: propriate): tries invaded Czechoslovakia in August 1968, A bill (H.R. 3061) to amend the Immigra- (1) actions taken by representatives of the ousted the reformist government of Alex- tion and Nationality Act to extend for an ad- United States, including the United States ander Dubcek, and restored a hard-line com- ditional 2 years the period for admission of Ambassador to the United Nations, to en- munist regime; an alien as a nonimmigrant under section courage the nations of the Western Europe

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.072 pfrm01 PsN: S08PT1 S14310 CONGRESSIONAL RECORD — SENATE November 8, 1999 and Others Group (WEOG) to accept Israel SEC. 3. DELAWARE RIVER, PENNSYLVANIA AND Water Resources Development Act of 1986 (33 into their regional bloc; DELAWARE. U.S.C. 2251(b)) is amended in the last sen- (2) efforts undertaken by the Secretary Section 346 of the Water Resources Develop- tence by striking ‘‘The’’ and inserting ‘‘Not- General of the United Nations to secure ment Act of 1999 (113 Stat. 309) is amended by withstanding section 3003 of Public Law 104– Israel’s full and equal participation in that striking ‘‘economically acceptable’’ and insert- 66 (31 U.S.C. 1113 note; 109 Stat. 734), the’’. body; ing ‘‘environmentally acceptable’’. (b) LIST OF AUTHORIZED BUT UNFUNDED (3) specific responses solicited and received SEC. 4. PROJECT REAUTHORIZATIONS. STUDIES.—Section 710(a) of the Water Re- by the Secretary of State from each of the Section 364 of the Water Resources Develop- sources Development Act of 1986 (33 U.S.C. nations of Western Europe and Others Group ment Act of 1999 (113 Stat. 313) is amended— 2264(a)) is amended in the first sentence by (WEOG) on their position concerning Israel’s (1) by striking ‘‘Each’’ and inserting ‘‘Subject striking ‘‘Not’’ and inserting ‘‘Notwith- acceptance into their organization; and to section 1001(b)(2) of the Water Resources De- standing section 3003 of Public Law 104–66 (31 (4) other measures being undertaken, and velopment Act of 1986 (33 U.S.C. 579a(b)(2)), U.S.C. 1113 note; 109 Stat. 734), not’’. which will be undertaken, to ensure and pro- each’’; (c) REPORTS ON PARTICIPATION OF MINORITY mote Israel’s full and equal participation in (2) by striking paragraph (1); and GROUPS AND MINORITY-OWNED FIRMS IN MIS- the United Nations. (3) by redesignating paragraphs (2) through SISSIPPI RIVER-GULF OUTLET FEATURE.—Sec- (6) as paragraphs (1) through (5), respectively. f tion 844(b) of the Water Resources Develop- SEC. 5. SHORE PROTECTION. ment Act of 1986 (100 Stat. 4177) is amended TECHNICAL CORRECTIONS TO THE Section 103(d)(2)(A) of the Water Resources in the second sentence by striking ‘‘The’’ WATER RESOURCES DEVELOP- Development Act of 1986 (33 U.S.C. and inserting ‘‘Notwithstanding section 3003 MENT ACT OF 1999 2213(d)(2)(A)) (as amended by section 215(a)(2) of Public Law 104–66 (31 U.S.C. 1113 note; 109 of the Water Resources Development Act of 1999 Stat. 734), the’’. Mr. GRASSLEY. Mr. President, I ask (113 Stat. 292)) is amended by striking ‘‘or for (d) LIST OF AUTHORIZED BUT UNFUNDED unanimous consent that the Senate which a feasibility study is completed after that PROJECTS.—Section 1001(b)(2) of the Water now proceed to the consideration of date,’’ and inserting ‘‘except for a project for Resources Development Act of 1986 (33 U.S.C. calendar No. 316, H.R. 2724. which a District Engineer’s Report is completed 579a(b)(2)) is amended in the first sentence by The PRESIDING OFFICER. The by that date,’’. striking ‘‘Every’’ and inserting ‘‘Notwith- SEC. 6. DAM SAFETY. standing section 3003 of Public Law 104–66 (31 clerk will report the bill by title. Section 504(a)(2) of the Water Resources De- The legislative clerk read as follows: U.S.C. 1113 note; 109 Stat. 734), every’’. velopment Act of 1999 (113 Stat. 338) is amended SEC. ll. AUTHORIZATIONS FOR PROGRAM PRE- A bill (H.R. 2724) to make technical correc- by inserting ‘‘No. 5’’ after ‘‘Dam’’. VIOUSLY AND CURRENTLY FUNDED. tions to the Water Resources Development AMENDMENT NO. 2773 (a) PROGRAM AUTHORIZATION.—The pro- Act of 1999. Mr. GRASSLEY. Mr. President, Sen- gram described in subsection (c) is hereby There being no objection, the Senate ators WARNER, CHAFEE, and REED have authorized. proceeded to consider the bill, which an amendment at the desk, and I ask (b) AUTHORIZATION OF APPROPRIATIONS.— had been reported from the Committee for its consideration. Funds are hereby authorized to be appro- on Environment and Public Works, priated for the Department of Transpor- The PRESIDING OFFICER. The tation for the program authorized in sub- with an amendment to strike all after clerk will report. section (a) in amounts as follows: the enacting clause and inserting in The legislative clerk read as follows: (1) FISCAL YEAR 2000.—For fiscal year 2000, lieu thereof the following: The Senator from Iowa [Mr. GRASSLEY] for $10,000,000. SECTION 1. ENVIRONMENTAL INFRASTRUCTURE. Mr. WARNER, for himself, Mr. CHAFEE, and (2) FISCAL YEAR 2001.—For fiscal year 2001, (a) JACKSON COUNTY, MISSISSIPPI.—Section Mr. REED, proposes an amendment numbered $10,000,000. 219 of the Water Resources Development Act of 2773. (3) FISCAL YEAR 2002.—For fiscal year 2002, 1992 (106 Stat. 4835; 110 Stat. 3757) is amended— The amendment is as follows: $7,000,000. (1) in subsection (c), by striking paragraph (5) On page 3, line 8, strike ‘‘$30,000,000’’ and (c) APPLICABILITY.—The program referred and inserting the following: insert ‘‘$20,000,000’’. to in subsection (a) is the program for which ‘‘(5) JACKSON COUNTY, MISSISSIPPI.—Provision On page 4, strike lines 19 through 21 and in- funds appropriated in title I of Public Law of an alternative water supply and a project for sert the following: 106–69 under the heading ‘‘FEDERAL RAIL- the elimination or control of combined sewer (1) by striking ‘‘Each’’ and all that follows ROAD ADMINISTRATION’’ are available for overflows for Jackson County, Mississippi.’’; through the colon and inserting the fol- obligation upon the enactment of legislation and lowing: ‘‘Each of the following projects is au- authorizing the program. (2) in subsection (e)(1), by striking thorized to be carried out by the Secretary, Mr. WARNER. Mr. President, today ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. and no construction on any such project may the Senate is considering legislation (b) MANCHESTER, NEW HAMPSHIRE.—Section be initiated until the Secretary determines reported from the Committee on Envi- 219(e)(3) of the Water Resources Development that the project is technically sound, environment and Public Works to make Act of 1992 (106 Stat. 4835; 110 Stat. 3757) is ronmentally acceptable, and economically amended by striking ‘‘$10,000,000’’ and inserting justified:’’; technical corrections to the Water Re- ‘‘$30,000,000’’. On page 5, strike lines 9 through 12 and in- sources Development Act of 1999. (c) ATLANTA, GEORGIA.—Section 219(f)(1) of sert the following: In July, 1999, the conference report the Water Resources Development Act of 1992 SEC. ll. COMITE RIVER, LOUISIANA. on the Water Resources Development (106 Stat. 4835; 113 Stat. 335) is amended by Section 371 of the Water Resources Devel- Act was enacted. The press of the con- striking ‘‘$25,000,000 for’’. opment Act of 1999 (113 Stat. 321) is ference business to reach final agree- (d) PATERSON, PASSAIC COUNTY, AND PASSAIC amended— ment prior to the August recess led to VALLEY, NEW JERSEY.—Section 219(f)(2) of the (1) by inserting ‘‘(a) IN GENERAL.—’’ before Water Resources Development Act of 1992 (106 inaccurate cite references and omis- ‘‘The’’; and sions that need to be corrected. Stat. 4835; 113 Stat. 335) is amended by striking (2) by adding at the end the following: ‘‘$20,000,000 for’’. ‘‘(b) CREDITING OF REDUCTION IN NON-FED- This legislation and the accom- (e) ELIZABETH AND NORTH HUDSON, NEW JER- ERAL SHARE.—The project cooperation agree- panying amendment simply address SEY.—Section 219(f) of the Water Resources De- ment for the Comite River Diversion Project technical modifications that have been velopment Act of 1992 (106 Stat. 4835; 113 Stat. shall include a provision that specifies that brought to our attention by the Corps 335) is amended— any reduction in the non-Federal share that of Engineers. There are no new project (1) in paragraph (33), by striking results from the modification under sub- authorizations, policy changes, or ‘‘$20,000,000’’ and inserting ‘‘$10,000,000’’; and section (a) shall be credited toward the share funding issues contained in this legisla- (2) in paragraph (34)— of project costs to be paid by the Amite (A) by striking ‘‘$10,000,000’’ and inserting River Basin Drainage and Water Conserva- tion. ‘‘$20,000,000’’; and tion District.’’. As the Committee, by practice, has (B) by striking ‘‘in the city of North Hudson’’ SEC. ll. CHESAPEAKE CITY, MARYLAND. reauthorized the civil works mission of and inserting ‘‘for the North Hudson Sewerage Section 535(b) of the Water Resources De- the Corps of Engineers every two years, Authority’’. velopment Act of 1999 (113 Stat. 349) is the 1999 authorization bill is a produce SEC. 2. UPPER MISSISSIPPI RIVER ENVIRON- amended by striking ‘‘the city of Chesa- initiated by the Committee in 1998. it MENTAL MANAGEMENT PROGRAM. peake’’ each place it appears and inserting is expected that, again next year, the Section 1103(e)(5) of the Water Resources De- ‘‘Chesapeake City’’. Committee will examine the civil velopment Act of 1986 (33 U.S.C. 652(e)(5)) (as SEC. ll. CONTINUATION OF SUBMISSION OF works mission of the Corps with all of amended by section 509(c)(3) of the Water Re- CERTAIN REPORTS BY THE SEC- sources Development Act of 1999 (113 Stat. 340)) RETARY OF THE ARMY. the associated policy issues. is amended by striking ‘‘paragraph (1)(A)(i)’’ (a) RECOMMENDATIONS OF INLAND WATER- I respectfully request that my col- and inserting ‘‘paragraph (1)(B)’’. WAYS USERS BOARD.—Section 302(b) of the leagues support this legislation and the

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.076 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14311 amendment so that WRDA 1999 can be Marsh ecosystem in Canada is being system- mid-continent light geese, and recommendations fully implemented. atically destroyed. This ecosystem contains concerning long-term harvest levels; Mr. GRASSLEY. I ask unanimous approximately 135,000 acres of essential habi- (2) recommendations concerning other means consent that the amendment be agreed tat for migrating light geese and many other for the management of mid-continent light goose avian species. Biologists have testified that populations, taking into account the reasons for to. one-third of this habitat has been destroyed, the population growth specified in section The amendment (No. 2773) was agreed one-third is on the brink of devastation, and 102(a)(3); to. the remaining one-third is overgrazed. (3) an assessment of, and recommendations re- Mr. GRASSLEY. Mr. President, I ask (5) The destruction of the Arctic tundra is lating to, conservation of the breeding habitat unanimous consent the committee having a severe negative impact on many of mid-continent light geese; amendment, as amended, be agreed to, avian species that breed or migrate through (4) an assessment of, and recommendations re- the bill be read a third time and this habitat, including the following: lating to, conservation of native species of wildlife adversely affected by the overabundance of passed, the motion to reconsider be (A) Canada Goose. (B) American Wigeon. mid-continent light geese, including the species laid upon the table, and any state- specified in section 102(a)(5); and ments relating to the bill be printed in (C) Dowitcher. (D) Hudsonian Godwit. (5) an identification of methods for promoting the RECORD. (E) Stilt Sandpiper. collaboration with the government of Canada, The PRESIDING OFFICER. Without (F) Northern Shoveler. States, and other interested persons. (c) AUTHORIZATION OF APPROPRIATIONS.— objection, it is so ordered. (G) Red-Breasted Merganser. There is authorized to be appropriated to carry The committee amendment in the (H) Oldsquaw. out this section $1,000,000 for each of fiscal nature of a substitute, as amended, was (I) Parasitic Jaeger. years 2000 through 2002. agreed to. (J) Whimbrel. (K) Yellow Rail. SEC. 105. DEFINITIONS. The bill (H.R. 2724), as amended, was In this Act title: (6) It is essential that the current popu- ø ¿ read the third time and passed. (1) MID-CONTINENT LIGHT GEESE.—The term lation of mid-continent light geese be re- f ‘‘mid-continent light geese’’ means Lesser duced by 50 percent by the year 2005 to en- snow geese (Anser caerulescens caerulescens) sure that the fragile Arctic tundra is not ir- ARCTIC TUNDRA HABITAT and Ross’ geese (Anser rossii) that primarily reversibly damaged. EMERGENCY CONSERVATION ACT migrate between Canada and the States of (b) PURPOSES.—The purposes of this øAct¿ Mr. GRASSLEY. Mr. President, I ask title are the following: Alabama, Arkansas, Colorado, Illinois, Indi- unanimous consent that the Senate (1) To reduce the population of mid-con- ana, Iowa, Kansas, Kentucky, Louisiana, now proceed to the consideration of tinent light geese. Michigan, Minnesota, Mississippi, Missouri, calendar No. 322, H.R. 2454. (2) To assure the long-term conservation of Montana, Nebraska, New Mexico, North Da- mid-continent light geese and the biological kota, Ohio, Oklahoma, South Dakota, Ten- The PRESIDING OFFICER. The nessee, Texas, Wisconsin, and Wyoming. clerk will report the bill by title. diversity of the ecosystem upon which many North American migratory birds depend. (2) SECRETARY.—The term ‘‘Secretary’’ The legislative clerk read as follows: means the Secretary of the Interior. øSEC. 3.¿ SEC. 103. FORCE AND EFFECT OF RULES A bill (H.R. 2454) to assure the long-term TO CONTROL OVERABUNDANT MID- (3) SERVICE.—The term ‘‘Service’’ means conservation of mid-continent light geese CONTINENT LIGHT GEESE POPU- the United States Fish and Wildlife Service. and the biological diversity of the ecosystem LATIONS. TITLE II—NEOTROPICAL MIGRATORY BIRD upon which many North American migratory (a) FORCE AND EFFECT.— CONSERVATION birds depend, by directing the Secretary of (1) IN GENERAL.—The rules published by the SEC. 201. SHORT TITLE. the Interior to implement rules to reduce the Service on February 16, 1999, relating to use This title may be cited as the ‘‘Neotropical Mi- overabundant population of mid-continent of additional hunting methods to increase gratory Bird Conservation Act’’. light geese. the harvest of mid-continent light geese (64 SEC. 202. FINDINGS. There being no objection, the Senate Fed. Reg. 7507–7517) and the establishment of Congress finds that— proceeded to consider the bill, which a conservation order for the reduction of (1) of the nearly 800 bird species known to had been reported from the Committee mid-continent light goose populations (64 occur in the United States, approximately 500 Fed. Reg. 7517–7528), shall have the force and migrate among countries, and the large majority on Environment and Public Works, effect of law. with amendments; as follows: of those species, the neotropical migrants, win- (2) PUBLIC NOTICE.—The Secretary, acting ter in Latin America and the Caribbean; (The parts of the bill intended to be through the Director of the Service, shall (2) neotropical migratory bird species provide stricken as shown in boldface brackets take such action as is necessary to appro- invaluable environmental, economic, rec- and the parts of the bill intended to be priately notify the public of the force and ef- reational, and aesthetic benefits to the United inserted are shown in italic.) fect of the rules referred to in paragraph (1). States, as well as to the Western Hemisphere; Be it enacted by the Senate and House of Rep- (b) APPLICATION.—Subsection (a) shall (3)(A) many neotropical migratory bird popu- resentatives of the United States of America in apply only during the period that— lations, once considered common, are in decline, Congress assembled, (1) begins on the date of the enactment of and some have declined to the point that their this Act; and TITLE I—ARCTIC TUNDRA HABITAT long-term survival in the wild is in jeopardy; (2) ends on the latest of— EMERGENCY CONSERVATION and (A) the effective date of rules issued by the (B) the primary reason for the decline in the øSECTION 1.¿ SEC. 101. SHORT TITLE. Service after such date of enactment to con- populations of those species is habitat loss and This øAct¿ title may be cited as the ‘‘Arctic trol overabundant mid-continent light geese degradation (including pollution and contami- Tundra Habitat Emergency Conservation populations; nation) across the species’ range; and Act’’. (B) the date of the publication of a final (4)(A) because neotropical migratory birds øSEC. 2.¿ SEC. 102. FINDINGS AND PURPOSES. environmental impact statement for such range across numerous international borders (a) FINDINGS.—The Congress finds the fol- rules under section 102(2)(C) of the National each year, their conservation requires the com- lowing: Environmental Policy Act of 1969 (42 U.S.C. mitment and effort of all countries along their (1) The winter index population of mid-con- 4332(2)(C)); and migration routes; and tinent light geese was 800,000 birds in 1969, (C) May 15, 2001. (B) although numerous initiatives exist to while the total population of such geese is (c) RULE OF CONSTRUCTION.—This section conserve migratory birds and their habitat, more than 5,200,000 birds today. shall not be construed to limit the authority those initiatives can be significantly strength- (2) The population of mid-continent light of the Secretary or the Service to issue ened and enhanced by increased coordination. geese is expanding by over 5 percent each rules, under another law, to regulate the SEC. 203. PURPOSES. year, and in the absence of new wildlife man- taking of mid-continent light geese. The purposes of this title are— agement actions it could grow to more than øSEC. 4. DEFINITIONS.¿ (1) to perpetuate healthy populations of 6,800,000 breeding light geese in 3 years. SEC. 104. COMPREHENSIVE MANAGEMENT PLAN. neotropical migratory birds; (3) The primary reasons for this unprece- (a) IN GENERAL.—Not later than the end of (2) to assist in the conservation of neotropical dented population growth are— the period described in section 103(b), the Sec- migratory birds by supporting conservation ini- (A) the expansion of agricultural areas and retary shall prepare, and as appropriate imple- tiatives in the United States, Latin America, the resulting abundance of cereal grain crops ment, a comprehensive, long-term plan for the and the Caribbean; and in the United States; management of mid-continent light geese and (3) to provide financial resources and to foster (B) the establishment of sanctuaries along the conservation of their habitat. international cooperation for those initiatives. the United States flyways of migrating light (b) REQUIRED ELEMENTS.—The plan shall SEC. 204. DEFINITIONS. geese; and apply principles of adaptive resource manage- In this title: (C) a decline in light geese harvest rates. ment and shall include— (1) ACCOUNT.—The term ‘‘Account’’ means the (4) As a direct result of this population ex- (1) a description of methods for monitoring the Neotropical Migratory Bird Conservation Ac- plosion, the Hudson Bay Lowlands Salt- levels of populations and the levels of harvest of count established by section 209(a).

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00081 Fmt 0624 Sfmt 6333 E:\CR\FM\A08NO6.069 pfrm01 PsN: S08PT1 S14312 CONGRESSIONAL RECORD — SENATE November 8, 1999

(2) CONSERVATION.—The term ‘‘conservation’’ (B) FORM OF PAYMENT.— (1) all amounts received by the Secretary in means the use of methods and procedures nec- (i) PROJECTS IN THE UNITED STATES.—The non- the form of donations under subsection (d); and essary to bring a species of neotropical migra- Federal share required to be paid for a project (2) other amounts appropriated to the Ac- tory bird to the point at which there are suffi- carried out in the United States shall be paid in count. cient populations in the wild to ensure the long- cash. (c) USE.— term viability of the species, including— (ii) PROJECTS IN FOREIGN COUNTRIES.—The (1) IN GENERAL.—Subject to paragraph (2), the (A) protection and management of neotropical non-Federal share required to be paid for a Secretary may use amounts in the Account, migratory bird populations; project carried out in a foreign country may be without further Act of appropriation, to carry (B) maintenance, management, protection, paid in cash or in kind. out this title. and restoration of neotropical migratory bird SEC. 206. DUTIES OF THE SECRETARY. (2) ADMINISTRATIVE EXPENSES.—Of amounts habitat; In carrying out this title, the Secretary shall— in the Account available for each fiscal year, (C) research and monitoring; (1) develop guidelines for the solicitation of the Secretary may expend not more than 6 per- (D) law enforcement; and proposals for projects eligible for financial as- cent to pay the administrative expenses nec- (E) community outreach and education. sistance under section 205; essary to carry out this title. (3) SECRETARY.—The term ‘‘Secretary’’ means (2) encourage submission of proposals for (d) ACCEPTANCE AND USE OF DONATIONS.—The the Secretary of the Interior. projects eligible for financial assistance under Secretary may accept and use donations to section 205, particularly proposals from relevant SEC. 205. FINANCIAL ASSISTANCE. carry out this title. Amounts received by the wildlife management authorities; Secretary in the form of donations shall be (a) IN GENERAL.—The Secretary shall estab- (3) select proposals for financial assistance lish a program to provide financial assistance transferred to the Secretary of the Treasury for that satisfy the requirements of section 205, giv- deposit into the Account. for projects to promote the conservation of ing preference to proposals that address con- SEC. 210. AUTHORIZATION OF APPROPRIATIONS. neotropical migratory birds. servation needs not adequately addressed by ex- There is authorized to be appropriated to the (b) PROJECT APPLICANTS.—A project proposal isting efforts and that are supported by relevant Account to carry out this title $8,000,000 for may be submitted by— wildlife management authorities; and (1) an individual, corporation, partnership, (4) generally implement this title in accord- each of fiscal years 2000 through 2003, to remain trust, association, or other private entity; ance with its purposes. available until expended, of which not less than 50 percent of the amounts made available for (2) an officer, employee, agent, department, or SEC. 207. COOPERATION. instrumentality of the Federal Government, of each fiscal year shall be expended for projects (a) IN GENERAL.—In carrying out this title, carried out outside the United States. any State, municipality, or political subdivision the Secretary shall— of a State, or of any foreign government; (1) support and coordinate existing efforts to Mr. GRASSLEY. Mr. President, I ask (3) a State, municipality, or political subdivi- conserve neotropical migratory bird species, unanimous consent that the committee sion of a State; through— amendments be agreed to. (4) any other entity subject to the jurisdiction (A) facilitating meetings among persons in- The committee amendments were of the United States or of any foreign country; volved in such efforts; agreed to. and (B) promoting the exchange of information (5) an international organization (as defined among such persons; AMENDMENT NO. 2774 in section 1 of the International Organizations (C) developing and entering into agreements (Purpose: To assure the long-term Immunities Act (22 U.S.C. 288)). with other Federal agencies, foreign, State, and conservation of mid-continent light geese) (c) PROJECT PROPOSALS.—To be considered for local governmental agencies, and nongovern- Mr. GRASSLEY. Mr. President, Sen- financial assistance for a project under this mental organizations; and ator ABRAHAM has an amendment at title, an applicant shall submit a project pro- (D) conducting such other activities as the the desk, and I ask for its consider- posal that— Secretary considers to be appropriate; and (1) includes— (2) coordinate activities and projects under ation. (A) the name of the individual responsible for this title with existing efforts in order to en- The PRESIDING OFFICER. The the project; hance conservation of neotropical migratory clerk will report. (B) a succinct statement of the purposes of the bird species. The legislative clerk read as follows: (b) ADVISORY GROUP.— project; The Senator from Iowa [Mr. GRASSLEY], for (1) IN GENERAL.—To assist in carrying out this (C) a description of the qualifications of indi- Mr. ABRAHAM, proposes an amendment num- title, the Secretary may convene an advisory viduals conducting the project; and bered 2774. (D) an estimate of the funds and time nec- group consisting of individuals representing essary to complete the project, including sources public and private organizations actively in- The amendment is as follows: and amounts of matching funds; volved in the conservation of neotropical migra- Strike Title II. (2) demonstrates that the project will enhance tory birds. Mr. ABRAHAM. Mr. President, I rise the conservation of neotropical migratory bird (2) PUBLIC PARTICIPATION.— (A) MEETINGS.—The advisory group shall— today to speak on two pieces of legisla- species in Latin America, the Caribbean, or the (i) ensure that each meeting of the advisory tion designed to protect the habitat of United States; group is open to the public; and this continent’s migratory birds. Both (3) includes mechanisms to ensure adequate (ii) provide, at each meeting, an opportunity local public participation in project development H.R. 2454, known as the ‘‘Snow Goose’’ for interested persons to present oral or written bill, and S. 148, the Neotropical Migra- and implementation; statements concerning items on the agenda. (4) contains assurances that the project will (B) NOTICE.—The Secretary shall provide to tory Bird Conservation Act are in- be implemented in consultation with relevant the public timely notice of each meeting of the tended to protect bird habitat, and by wildlife management authorities and other ap- advisory group. extension, the species which frequent propriate government officials with jurisdiction (C) MINUTES.—Minutes of each meeting of the these lands. over the resources addressed by the project; advisory group shall be kept by the Secretary At the Senate markup last month, (5) demonstrates sensitivity to local historic and shall be made available to the public. Senator Chafee combined these two and cultural resources and complies with appli- (3) EXEMPTION FROM FEDERAL ADVISORY COM- bills in the hopes of passing them as a cable laws; MITTEE ACT.—The Federal Advisory Committee (6) describes how the project will promote sus- Act (5 U.S.C. App.) shall not apply to the advi- complete package this year. Unfortu- tainable, effective, long-term programs to con- sory group. nately, it has become obvious that this serve neotropical migratory birds; and SEC. 208. REPORT TO CONGRESS. strategy will not work because some (7) provides any other information that the Not later than October 1, 2002, the Secretary Members of the House, lacking a better Secretary considers to be necessary for evalu- shall submit to Congress a report on the results vehicle, intend to use the Neotropical ating the proposal. and effectiveness of the program carried out Migratory Bird Conservation Act as a (d) PROJECT REPORTING.—Each recipient of under this title, including recommendations con- tool for debating the merits of property assistance for a project under this title shall cerning how this title might be improved and rights legislation. Apparently, they do submit to the Secretary such periodic reports as whether the program should be continued. not care that in doing so they jeop- the Secretary considers to be necessary. Each re- SEC. 209. NEOTROPICAL MIGRATORY BIRD CON- port shall include all information required by SERVATION ACCOUNT. ardize the passage of both bills. the Secretary for evaluating the progress and (a) ESTABLISHMENT.—There is established in I want very much for the Congress to outcome of the project. the Multinational Species Conservation Fund of pass the Neotropical Migratory Bird (e) COST SHARING.— the Treasury a separate account to be known as Conservation Act and am disappointed (1) FEDERAL SHARE.—The Federal share of the the ‘‘Neotropical Migratory Bird Conservation that the House has failed to even bring cost of each project shall be not greater than 33 Account’’, which shall consist of amounts de- this issue to the floor. It is an impor- percent. posited into the Account by the Secretary of the tant bill that will help ensure that the (2) NON-FEDERAL SHARE.— Treasury under subsection (b). (A) SOURCE.—The non-Federal share required (b) DEPOSITS INTO THE ACCOUNT.—The Sec- migratory species which Americans to be paid for a project shall not be derived from retary of the Treasury shall deposit into the enjoy will receive additional protection any Federal grant program. Account— in their winter habitats.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.073 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14313 But the Snow Goose is equally impor- (1) relate to the portions of Cape Hatteras Coastal Barrier Resources Act (16 U.S.C. tant and it is imperative that the Con- Unit NC–03P and Hatteras Island Unit L03 that 3503(b)). gress Act on this legislation as soon as are located in Dare County, North Carolina; f possible. I fear the refusal of the House and (2) are included in a set of maps entitled COST OF LIVING ADJUSTMENT to act on S. 148 jeopardizes the chances ‘‘Coastal Barrier Resources System’’, dated Oc- of the Snow Goose legislation this FOR ADMINISTRATIVE LAW tober 24, 1990, and referred to in section 4(a) of JUDGES year. For that reason, I have offered an the Coastal Barrier Resources Act (16 U.S.C. amendment to H.R. 2454 to strip the 3503(a)). Mr. GRASSLEY. Mr. President, I ask language pertaining to the neotropicals (c) AVAILABILITY.—The Secretary of the Inte- unanimous consent that the Senate from the text of the Snow Goose bill. rior shall keep the maps referred to in sub- now proceed to the consideration of As part of my agreeing to do this, I section (a) on file and available for inspection Calendar No. 339, H.R. 915. in accordance with section 4(b) of the Coastal The PRESIDING OFFICER. The have been assured by both the Chair- Barrier Resources Act (16 U.S.C. 3503(b)). man of the House Resources Com- clerk will report the bill by title. AMENDMENT NO. 2775 mittee and the Chairman of the Sub- The legislative clerk read as follows: (Purpose: To make a technical correction) committee on Fisheries Conservation, A bill (H.R. 915) to authorize a cost of liv- Wildlife and Oceans that they will do Mr. GRASSLEY. Mr. President, Sen- ing adjustment in the pay of administrative everything they can to assure that the ator SMITH of New Hampshire has an law judges. amendment at the desk, and I ask for Neotropical Migratory Bird Conserva- There being no objection, the Senate its consideration. tion Act is considered by the full House proceeded to consider the bill. The PRESIDING OFFICER. The early next year. I am encouraged by Mr. GRASSLEY. Mr. President, I ask clerk will report. their support and wish to thank them unanimous consent that the bill be The legislative clerk read as follows: for their willingness to try to move read a third time and passed, the mo- this legislation. The Senator from Iowa [Mr. GRASSLEY], for tion to reconsider be laid upon the Therefore, I believe that removing Mr. SMITH of New Hampshire, proposes an amendment numbered 2775. table, and that any statements relating the text of the Neotropical Migratory to the bill be printed in the RECORD. The amendment is as follows: Bird Conservation Act is only a short- The PRESIDING OFFICER. Without term setback. I am confident that once On page 2, line 25, strike ‘‘July 1, 1999’’ and objection, it is so ordered. insert ‘‘October 18, 1999’’. the full House has the opportunity to The bill (H.R. 915) was read the third consider this legislation that a good Mr. GRASSLEY. Mr. President, I ask time and passed. unanimous consent that the amend- bill will emerge from that respected f body. I urge my colleagues to pass H.R. ment be agreed to. 2454, as amended. The PRESIDING OFFICER. Without HONORING CIVIL DEFENSE AND Mr. GRASSLEY. Mr. President, I ask objection, it is so ordered. EMERGENCY MANAGEMENT PRO- unanimous consent that the amend- The amendment (No. 2775) was agreed GRAMS to. ment be agreed to, the bill be read a Mr. GRASSLEY. Mr. President, I ask third time and passed, the motion to Mr. GRASSLEY. Mr. President, I ask unanimous consent that the committee unanimous consent that the Senate reconsider be laid upon the table, and now proceed to the consideration of any statements relating to the bill be substitute, as amended, be agreed to, the bill, as amended, be read a third H.R. 348, which is at the desk. printed in the RECORD. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without time and passed, the motion to reconsider be laid upon the table, and that clerk will report the bill by title. objection, it is so ordered. The legislative clerk read as follows: The amendment (No. 2774) was agreed any statements relating to the bill be to. printed in the RECORD. A bill (H.R. 348) to authorize the construction of a monument to honor those who have The bill (H.R. 2454), as amended, was The PRESIDING OFFICER. Without objection, it is so ordered. served the Nation’s civil defense and emer- read the third time and passed. gency management programs. f The committee amendment in the nature of a substitute, as amended, was There being no objection, the Senate BOUNDARY CLARIFICATION ON agreed to. proceeded to consider the bill. MAPS RELATING TO COASTAL The bill (S. 1398), as amended, was Mr. GRASSLEY. Mr. President, I ask BARRIER RESOURCES SYSTEM read the third time and passed, as fol- unanimous consent that the bill be Mr. GRASSLEY. Mr. President, I ask lows: read a third time and passed, the mo- unanimous consent that the Senate S. 1398 tion to reconsider be laid upon the table, and any statements relating to now proceed to the consideration of Be it enacted by the Senate and House of Rep- Calendar No. 301, S. 1398. resentatives of the United States of America in the bill be printed in the RECORD. The PRESIDING OFFICER. The Congress assembled, The PRESIDING OFFICER. Without clerk will report the bill by title. SECTION 1. REPLACEMENT OF COASTAL BAR- objection, it is so ordered. The legislative clerk read as follows: RIER RESOURCES SYSTEM MAPS. The bill (H.R. 348) was read the third (a) IN GENERAL.—The 7 maps described in A bill (S. 1398) to clarify certain boundaries time and passed. subsection (b) are replaced by 14 maps enti- on maps relating to the Coastal Barrier Re- f tled ‘‘Dare County, North Carolina, Coastal sources System. Barrier Resources System, Cape Hatteras THE DEVELOPMENTAL DISABIL- There being no objection, the Senate Unit NC–03P’’ or ‘‘Dare County, North Caro- ITIES ASSISTANCE AND BILL OF proceeded to consider the bill which lina, Coastal Barrier Resources System, Cape RIGHTS ACT OF 1999 had been reported from the Committee Hatteras Unit NC–03P, Hatteras Island Unit on Environment and Public Works with L03’’ and dated October 18, 1999. Mr. GRASSLEY. Mr. President, I ask an amendment to strike all after the (b) DESCRIPTION OF MAPS.—The maps de- unanimous consent that the Senate enacting clause and insert in lieu scribed in this subsection are the 7 maps now provide to the consideration of that— Calendar No. 387, S. 1809. thereof the following: (1) relate to the portions of Cape Hatteras The PRESIDING OFFICER. The SECTION 1. REPLACEMENT OF COASTAL BARRIER Unit NC–03P and Hatteras Island Unit L03 RESOURCES SYSTEM MAPS. that are located in Dare County, North Caro- clerk will report the bill by title. (a) IN GENERAL.—The 7 maps described in lina; and The legislative clerk read as follows: subsection (b) are replaced by 14 maps entitled (2) are included in a set of maps entitled A bill (S. 1809) to improve service systems ‘‘Dare County, North Carolina, Coastal Barrier ‘‘Coastal Barrier Resources System’’, dated for individuals with developmental disabil- Resources System, Cape Hatteras Unit NC–03P’’ October 24, 1990, and referred to in section ities, and for other purposes. or ‘‘Dare County, North Carolina, Coastal Bar- 4(a) of the Coastal Barrier Resources Act (16 There being no objection, the Senate rier Resources System, Cape Hatteras Unit NC– U.S.C. 3503(a)). proceeded to consider the bill which 03P, Hatteras Island Unit L03’’ and dated July (c) AVAILABILITY.—The Secretary of the In- 1, 1999. terior shall keep the maps referred to in sub- had been reported from the Committee (b) DESCRIPTION OF MAPS.—The maps de- section (a) on file and available for inspec- on Health, Education, Labor, and Pen- scribed in this subsection are the 7 maps that— tion in accordance with section 4(b) of the sions with an amendment to strike all

VerDate 29-OCT-99 05:36 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.075 pfrm01 PsN: S08PT1 S14314 CONGRESSIONAL RECORD — SENATE November 8, 1999 after the enacting clause and insert in TITLE I—PROGRAMS FOR INDIVIDUALS fessions serving individuals with developmental lieu thereof the following: WITH DEVELOPMENTAL DISABILITIES disabilities and their families; SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Subtitle A—General Provisions (16) the goals of the Nation properly include a (a) SHORT TITLE.—This Act may be cited as SEC. 101. FINDINGS, PURPOSES, AND POLICY. goal of providing individuals with develop- the ‘‘Developmental Disabilities Assistance and (a) FINDINGS.—Congress finds that— mental disabilities with the information, skills, Bill of Rights Act of 1999’’. (1) disability is a natural part of the human opportunities, and support to— (b) TABLE OF CONTENTS.—The table of con- experience that does not diminish the right of (A) make informed choices and decisions tents of this Act is as follows: individuals with developmental disabilities to about their lives; Sec. 1. Short title; table of contents. live independently, to exert control and choice (B) live in homes and communities in which over their own lives, and to fully participate in such individuals can exercise their full rights TITLE I—PROGRAMS FOR INDIVIDUALS and contribute to their communities through full and responsibilities as citizens; WITH DEVELOPMENTAL DISABILITIES integration and inclusion in the economic, polit- (C) pursue meaningful and productive lives; Subtitle A—General Provisions ical, social, cultural, and educational main- (D) contribute to their families, communities, Sec. 101. Findings, purposes, and policy. stream of United States society; and States, and the Nation; Sec. 102. Definitions. (2) in 1999, there are between 3,200,000 and (E) have interdependent friendships and rela- Sec. 103. Records and audits. 4,500,000 individuals with developmental disabil- tionships with other persons; Sec. 104. Responsibilities of the Secretary. ities in the United States, and recent studies in- (F) live free of abuse, neglect, financial and Sec. 105. Reports of the Secretary. dicate that individuals with developmental dis- sexual exploitation, and violations of their legal Sec. 106. State control of operations. abilities comprise between 1.2 and 1.65 percent of and human rights; and Sec. 107. Employment of individuals with dis- the United States population; (G) achieve full integration and inclusion in abilities. (3) individuals whose disabilities occur during society, in an individualized manner, consistent Sec. 108. Construction. their developmental period frequently have se- with the unique strengths, resources, priorities, Sec. 109. Rights of individuals with develop- vere disabilities that are likely to continue in- concerns, abilities, and capabilities of each indi- mental disabilities. definitely; vidual; and (4) individuals with developmental disabilities Subtitle B—Federal Assistance to State Councils (17) as the Nation, States, and communities often encounter discrimination in the provision on Developmental Disabilities maintain and expand community living options of critical services, such as services in the areas Sec. 121. Purpose. for individuals with developmental disabilities, Sec. 122. State allotments. of emphasis (as defined in section 102); (5) individuals with developmental disabilities there is a need to evaluate the access to those Sec. 123. Payments to the States for planning, options by individuals with developmental dis- administration, and services. are at greater risk than the general population of abuse, neglect, financial and sexual exploi- abilities and the effects of those options on indi- Sec. 124. State plan. viduals with developmental disabilities. Sec. 125. State Councils on Developmental Dis- tation, and the violation of their legal and human rights; (b) PURPOSE.—The purpose of this title is to abilities and designated State assure that individuals with developmental dis- agencies. (6) a substantial portion of individuals with developmental disabilities and their families do abilities and their families participate in the de- Sec. 126. Federal and non-Federal share. sign of and have access to needed community Sec. 127. Withholding of payments for plan- not have access to appropriate support and services, including access to assistive technology, services, individualized supports, and other ning, administration, and serv- forms of assistance that promote self-determina- ices. from generic and specialized service systems, and remain unserved or underserved; tion, independence, productivity, and integra- Sec. 128. Appeals by States. tion and inclusion in all facets of community Sec. 129. Authorization of appropriations. (7) individuals with developmental disabilities often require lifelong community services, indi- life, through culturally competent programs au- Subtitle C—Protection and Advocacy of vidualized supports, and other forms of assist- thorized under this title, including specifically— Individual Rights ance, that are most effective when provided in a (1) State Councils on Developmental Disabil- Sec. 141. Purpose. coordinated manner; ities in each State to engage in advocacy, capac- Sec. 142. Allotments and payments. (8) there is a need to ensure that services, sup- ity building, and systemic change activities Sec. 143. System required. ports, and other assistance are provided in a that— Sec. 144. Administration. culturally competent manner, that ensures that (A) are consistent with the purpose described Sec. 145. Authorization of appropriations. individuals from racial and ethnic minority in this subsection and the policy described in Subtitle D—National Network of University backgrounds are fully included in all activities subsection (c); and Centers for Excellence in Developmental Dis- provided under this title; (B) contribute to a coordinated, consumer- abilities Education, Research, and Service (9) family members, friends, and members of and family-centered, consumer- and family-di- Sec. 151. Grant authority. the community can play an important role in rected, comprehensive system that includes Sec. 152. Grant awards. enhancing the lives of individuals with develop- needed community services, individualized sup- Sec. 153. Purpose and scope of activities. mental disabilities, especially when the family ports, and other forms of assistance that pro- Sec. 154. Applications. members, friends, and community members are mote self-determination for individuals with de- Sec. 155. Definition. provided with the necessary community services, velopmental disabilities and their families; Sec. 156. Authorization of appropriations. individualized supports, and other forms of as- (2) protection and advocacy systems in each Subtitle E—Projects of National Significance sistance; State to protect the legal and human rights of (10) current research indicates that 88 percent individuals with developmental disabilities; Sec. 161. Purpose. of individuals with developmental disabilities (3) University Centers for Excellence in Devel- Sec. 162. Grant authority. live with their families or in their own house- Sec. 163. Authorization of appropriations. opmental Disabilities Education, Research, and holds; Service— TITLE II—FAMILY SUPPORT (11) many service delivery systems and com- (A) to provide interdisciplinary pre-service munities are not prepared to meet the impending Sec. 201. Short title. preparation and continuing education of stu- needs of the 479,862 adults with developmental Sec. 202. Findings, purposes, and policy. dents and fellows, which may include the prepa- disabilities who are living at home with parents Sec. 203. Definitions and special rule. ration and continuing education of leadership, who are 60 years old or older and who serve as Sec. 204. Grants to States. direct service, clinical, or other personnel to the primary caregivers of the adults; Sec. 205. Application. strengthen and increase the capacity of States (12) in almost every State, individuals with Sec. 206. Designation of the lead entity. and communities to achieve the purpose of this developmental disabilities are waiting for appro- Sec. 207. Authorized activities. title; Sec. 208. Reporting. priate services in their communities, in the areas (B) to provide community services— Sec. 209. Technical assistance. of emphasis; Sec. 210. Evaluation. (13) the public needs to be made more aware of (i) that provide training and technical assist- Sec. 211. Projects of national significance. the capabilities and competencies of individuals ance for individuals with developmental disabil- Sec. 212. Authorization of appropriations. with developmental disabilities, particularly in ities, their families, professionals, paraprofes- cases in which the individuals are provided with sionals, policymakers, students, and other mem- TITLE III—PROGRAM FOR DIRECT SUP- bers of the community; and PORT WORKERS WHO ASSIST INDIVID- necessary services, supports, and other assist- (ii) that may provide services, supports, and UALS WITH DEVELOPMENTAL DISABIL- ance; assistance for the persons described in clause (i) ITIES (14) as increasing numbers of individuals with developmental disabilities are living, learning, through demonstration and model activities; Sec. 301. Findings. working, and participating in all aspects of (C) to conduct research, which may include Sec. 302. Definitions. community life, there is an increasing need for basic or applied research, evaluation, and the Sec. 303. Reaching up scholarship program. a well trained workforce that is able to provide analysis of public policy in areas that affect or Sec. 304. Staff development curriculum author- the services, supports, and other forms of direct could affect, either positively or negatively, in- ization. assistance required to enable the individuals to dividuals with developmental disabilities and Sec. 305. Authorization of appropriations. carry out those activities; their families; and TITLE IV—REPEAL (15) there needs to be greater effort to recruit (D) to disseminate information related to ac- Sec. 401. Repeal. individuals from minority backgrounds into pro- tivities undertaken to address the purpose of

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 6333 E:\CR\FM\G08NO6.130 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14315 this title, especially dissemination of informa- with developmental disabilities to those options (6) CHILD CARE-RELATED ACTIVITIES.—The tion that demonstrates that the network author- and the extent of compliance by entities pro- term ‘‘child care-related activities’’ means advo- ized under this subtitle is a national and inter- viding those options with quality assurance cacy, capacity building, and systemic change national resource that includes specific sub- standards; activities that result in families of children with stantive areas of expertise that may be accessed (10) families of children with developmental developmental disabilities having access to and and applied in diverse settings and cir- disabilities need to have access to and use of use of child care services, including before- cumstances; and safe and appropriate child care and before- school, after-school, and out-of-school services, (4) funding for— school and after-school programs, in the most in their communities. (A) national initiatives to collect necessary integrated settings, in order to enrich the par- (7) CULTURALLY COMPETENT.—The term ‘‘cul- data on issues that are directly or indirectly rel- ticipation of the children in community life; turally competent’’, used with respect to serv- evant to the lives of individuals with develop- (11) individuals with developmental disabil- ices, supports, or other assistance, means serv- mental disabilities; ities need to have access to and use of public ices, supports, or other assistance that is con- (B) technical assistance to entities who en- transportation, in order to be independent and ducted or provided in a manner that is respon- gage in or intend to engage in activities con- directly contribute to and participate in all fac- sive to the beliefs, interpersonal styles, atti- sistent with the purpose described in this sub- ets of community life; and tudes, language, and behaviors of individuals section or the policy described in subsection (c); (12) individuals with developmental disabil- who are receiving the services, supports, or and ities need to have access to and use of rec- other assistance, and in a manner that has the (C) other nationally significant activities. reational, leisure, and social opportunities in greatest likelihood of ensuring their maximum (c) POLICY.—It is the policy of the United the most integrated settings, in order to enrich participation in the program involved. States that all programs, projects, and activities their participation in community life. (8) DEVELOPMENTAL DISABILITY.— receiving assistance under this title shall be car- SEC. 102. DEFINITIONS. (A) IN GENERAL.—The term ‘‘developmental ried out in a manner consistent with the prin- In this title: disability’’ means a severe, chronic disability of ciples that— (1) AMERICAN INDIAN CONSORTIUM.—The term an individual that— (1) individuals with developmental disabilities, ‘‘American Indian Consortium’’ means any con- (i) is attributable to a mental or physical im- including those with the most severe develop- federation of 2 or more recognized American In- pairment or combination of mental and physical mental disabilities, are capable of self-deter- dian tribes, created through the official action impairments; mination, independence, productivity, and inte- of each participating tribe, that has a combined (ii) is manifested before the individual attains gration and inclusion in all facets of community total resident population of 150,000 enrolled trib- age 22; life, but often require the provision of commu- al members and a contiguous territory of Indian (iii) is likely to continue indefinitely; nity services, individualized supports, and other lands in 2 or more States. (iv) results in substantial functional limita- forms of assistance; (2) AREAS OF EMPHASIS.—The term ‘‘areas of tions in 3 or more of the following areas of (2) individuals with developmental disabilities emphasis’’ means the areas related to quality major life activity: and their families have competencies, capabili- assurance activities, education activities and (I) Self-care. ties, and personal goals that should be recog- early intervention activities, child care-related (II) Receptive and expressive language. nized, supported, and encouraged, and any as- activities, health-related activities, employment- (III) Learning. sistance to such individuals should be provided related activities, housing-related activities, (IV) Mobility. in an individualized manner, consistent with transportation-related activities, recreation-re- (V) Self-direction. the unique strengths, resources, priorities, con- lated activities, and other services available or (VI) Capacity for independent living. cerns, abilities, and capabilities of such individ- offered to individuals in a community, including (VII) Economic self-sufficiency; and uals; formal and informal community supports, that (v) reflects the individual’s need for a com- (3) individuals with developmental disabilities affect their quality of life. bination and sequence of special, interdiscipli- and their families are the primary decision- (3) ASSISTIVE TECHNOLOGY DEVICE.—The term nary, or generic services, individualized sup- makers regarding the services and supports such ‘‘assistive technology device’’ means any item, ports, or other forms of assistance that are of individuals and their families receive, including piece of equipment, or product system, whether lifelong or extended duration and are individ- regarding choosing where the individuals live acquired commercially, modified or customized, ually planned and coordinated. from available options, and play decisionmaking that is used to increase, maintain, or improve (B) INFANTS AND YOUNG CHILDREN.—An indi- roles in policies and programs that affect the functional capabilities of individuals with devel- vidual from birth to age 9, inclusive, who has a lives of such individuals and their families; opmental disabilities. substantial developmental delay or specific con- (4) services, supports, and other assistance (4) ASSISTIVE TECHNOLOGY SERVICE.—The term genital or acquired condition, may be considered should be provided in a manner that dem- ‘‘assistive technology service’’ means any service to have a developmental disability without meet- onstrates respect for individual dignity, per- that directly assists an individual with a devel- ing 3 or more of the criteria described in clauses sonal preferences, and cultural differences; opmental disability in the selection, acquisition, (i) through (v) of subparagraph (A) if the indi- (5) specific efforts must be made to ensure that or use of an assistive technology device. Such vidual, without services and supports, has a individuals with developmental disabilities from term includes— high probability of meeting those criteria later racial and ethnic minority backgrounds and (A) conducting an evaluation of the needs of in life. their families enjoy increased and meaningful an individual with a developmental disability, (9) EARLY INTERVENTION ACTIVITIES.—The opportunities to access and use community serv- including a functional evaluation of the indi- term ‘‘early intervention activities’’ means advo- ices, individualized supports, and other forms of vidual in the individual’s customary environ- cacy, capacity building, and systemic change assistance available to other individuals with ment; activities provided to individuals described in developmental disabilities and their families; (B) purchasing, leasing, or otherwise pro- paragraph (8)(B) and their families to (6) recruitment efforts in disciplines related to viding for the acquisition of an assistive tech- enhance— developmental disabilities relating to pre-service nology device by an individual with a develop- (A) the development of the individuals to training, community training, practice, adminis- mental disability; maximize their potential; and tration, and policymaking must focus on bring- (C) selecting, designing, fitting, customizing, (B) the capacity of families to meet the special ing larger numbers of racial and ethnic minori- adapting, applying, maintaining, repairing or needs of the individuals. ties into the disciplines in order to provide ap- replacing an assistive technology device; (10) EDUCATION ACTIVITIES.—The term ‘‘edu- propriate skills, knowledge, role models, and (D) coordinating and using another therapy, cation activities’’ means advocacy, capacity sufficient personnel to address the growing intervention, or service with an assistive tech- building, and systemic change activities that re- needs of an increasingly diverse population; nology device, such as a therapy, intervention, sult in individuals with developmental disabil- (7) with education and support, communities or service associated with an education or reha- ities being able to access appropriate supports can be accessible to and responsive to the needs bilitation plan or program; and modifications when necessary, to maximize of individuals with developmental disabilities (E) providing training or technical assistance their educational potential, to benefit from life- and their families and are enriched by full and for an individual with a developmental dis- long educational activities, and to be integrated active participation in community activities, ability, or, where appropriate, a family member, and included in all facets of student life. and contributions, by individuals with develop- guardian, advocate, or authorized representa- (11) EMPLOYMENT-RELATED ACTIVITIES.—The mental disabilities and their families; tive of an individual with a developmental dis- term ‘‘employment-related activities’’ means ad- (8) individuals with developmental disabilities ability; and vocacy, capacity building, and systemic change have access to opportunities and the necessary (F) providing training or technical assistance activities that result in individuals with devel- support to be included in community life, have for professionals (including individuals pro- opmental disabilities acquiring, retaining, or ad- interdependent relationships, live in homes and viding education and rehabilitation services), vancing in paid employment, including sup- communities, and make contributions to their employers, or other individuals who provide ported employment or self-employment, in inte- families, communities, and States, and the Na- services to, employ, or are otherwise substan- grated settings in a community. tion; tially involved in the major life functions of, an (12) FAMILY SUPPORT SERVICES.— (9) efforts undertaken to maintain or expand individual with developmental disabilities. (A) IN GENERAL.—The term ‘‘family support community-based living options for individuals (5) CENTER.—The term ‘‘Center’’ means a Uni- services’’ means services, supports, and other as- with disabilities should be monitored in order to versity Center for Excellence in Developmental sistance, provided to families with members who determine and report to appropriate individuals Disabilities Education, Research, and Service have developmental disabilities, that are de- and entities the extent of access by individuals established under subtitle D. signed to—

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(i) strengthen the family’s role as primary sources as are used by and available to other in- (25) REHABILITATION TECHNOLOGY.—The term caregiver; dividuals. ‘‘rehabilitation technology’’ means the system- (ii) prevent inappropriate out-of-the-home (18) NOT-FOR-PROFIT.—The term ‘‘not-for- atic application of technologies, engineering placement of the members and maintain family profit’’, used with respect to an agency, institu- methodologies, or scientific principles to meet unity; and tion, or organization, means an agency, institu- the needs of, and address the barriers con- (iii) reunite families with members who have tion, or organization that is owned or operated fronted by, individuals with developmental dis- been placed out of the home whenever possible. by 1 or more corporations or associations, no abilities in areas that include education, reha- (B) SPECIFIC SERVICES.—Such term includes part of the net earnings of which inures, or may bilitation, employment, transportation, inde- respite care, provision of rehabilitation tech- lawfully inure, to the benefit of any private pendent living, and recreation. Such term in- nology and assistive technology, personal assist- shareholder or individual. cludes rehabilitation engineering, and the provi- ance services, parent training and counseling, (19) PERSONAL ASSISTANCE SERVICES.—The sion of assistive technology devices and assistive support for families headed by aging caregivers, term ‘‘personal assistance services’’ means a technology services. vehicular and home modifications, and assist- range of services, provided by 1 or more individ- (26) SECRETARY.—The term ‘‘Secretary’’ means ance with extraordinary expenses, associated uals, designed to assist an individual with a dis- the Secretary of Health and Human Services. with the needs of individuals with develop- ability to perform daily activities, including ac- (27) SELF-DETERMINATION ACTIVITIES.—The mental disabilities. tivities on or off a job that such individual term ‘‘self-determination activities’’ means ac- (13) HEALTH-RELATED ACTIVITIES.—The term would typically perform if such individual did tivities that result in individuals with develop- ‘‘health-related activities’’ means advocacy, ca- not have a disability. Such services shall be de- mental disabilities, with appropriate assistance, pacity building, and systemic change activities signed to increase such individual’s control in having— that result in individuals with developmental life and ability to perform everyday activities, (A) the ability and opportunity to commu- disabilities having access to and use of coordi- including activities on or off a job. nicate and make personal decisions; nated health, dental, mental health, and other (20) PREVENTION ACTIVITIES.—The term ‘‘pre- (B) the ability and opportunity to commu- human and social services, including prevention vention activities’’ means activities that address nicate choices and exercise control over the type activities, in their communities. the causes of developmental disabilities and the and intensity of services, supports, and other (14) HOUSING-RELATED ACTIVITIES.—The term exacerbation of functional limitation, such as assistance the individuals receive; ‘‘housing-related activities’’ means advocacy, activities that— (C) the authority to control resources to ob- capacity building, and systemic change activi- (A) eliminate or reduce the factors that cause tain needed services, supports, and other assist- ties that result in individuals with develop- or predispose individuals to developmental dis- ance; mental disabilities having access to and use of abilities or that increase the prevalence of devel- (D) opportunities to participate in, and con- housing and housing supports and services in opmental disabilities; tribute to, their communities; and their communities, including assistance related (B) increase the early identification of prob- (E) support, including financial support, to to renting, owning, or modifying an apartment lems to eliminate circumstances that create or advocate for themselves and others, to develop or home. increase functional limitations; and leadership skills, through training in self-advo- (15) INCLUSION.—The term ‘‘inclusion’’, used (C) mitigate against the effects of develop- cacy, to participate in coalitions, to educate pol- with respect to individuals with developmental mental disabilities throughout the lifespan of an icymakers, and to play a role in the development disabilities, means the acceptance and encour- individual. of public policies that affect individuals with agement of the presence and participation of in- (21) PRODUCTIVITY.—The term ‘‘productivity’’ developmental disabilities. dividuals with developmental disabilities, by in- means— (28) STATE.—The term ‘‘State’’, except as oth- dividuals without disabilities, in social, edu- (A) engagement in income-producing work erwise provided, includes, in addition to each of cational, work, and community activities, that that is measured by increased income, improved the several States of the United States, the Dis- enables individuals with developmental disabil- employment status, or job advancement; or trict of Columbia, the Commonwealth of Puerto ities to— (B) engagement in work that contributes to a Rico, the United States Virgin Islands, Guam, (A) have friendships and relationships with household or community. American Samoa, and the Commonwealth of the individuals and families of their own choice; (22) PROTECTION AND ADVOCACY SYSTEM.—The Northern Mariana Islands. (B) live in homes close to community re- term ‘‘protection and advocacy system’’ means a (29) STATE COUNCIL ON DEVELOPMENTAL DIS- sources, with regular contact with individuals protection and advocacy system established in ABILITIES.—The term ‘‘State Council on Devel- without disabilities in their communities; accordance with section 143. opmental Disabilities’’ means a Council estab- (C) enjoy full access to and active participa- (23) QUALITY ASSURANCE ACTIVITIES.—The lished under section 125. tion in the same community activities and types term ‘‘quality assurance activities’’ means advo- (30) SUPPORTED EMPLOYMENT SERVICES.—The of employment as individuals without disabil- cacy, capacity building, and systemic change term ‘‘supported employment services’’ means ities; and activities that result in improved consumer- and services that enable individuals with develop- (D) take full advantage of their integration family-centered quality assurance and that re- mental disabilities to perform competitive work into the same community resources as individ- sult in systems of quality assurance and con- in integrated work settings, in the case of indi- uals without disabilities, living, learning, work- sumer protection that— viduals with developmental disabilities— ing, and enjoying life in regular contact with (A) include monitoring of services, supports, (A)(i) for whom competitive employment has individuals without disabilities. and assistance provided to an individual with not traditionally occurred; or (16) INDIVIDUALIZED SUPPORTS.—The term developmental disabilities that ensures that the (ii) for whom competitive employment has ‘‘individualized supports’’ means supports individual— been interrupted or intermittent as a result of that— (i) will not experience abuse, neglect, sexual significant disabilities; and (A) enable an individual with a developmental or financial exploitation, or violation of legal or (B) who, because of the nature and severity of disability to exercise self-determination, be inde- human rights; and their disabilities, need intensive supported em- pendent, be productive, and be integrated and (ii) will not be subject to the inappropriate use ployment services or extended services in order included in all facets of community life; of restraints or seclusion; to perform such work. (B) are designed to— (B) include training in leadership, self-advo- (31) TRANSPORTATION-RELATED ACTIVITIES.— (i) enable such individual to control such in- cacy, and self-determination for individuals The term ‘‘transportation-related activities’’ dividual’s environment, permitting the most with developmental disabilities, their families, means advocacy, capacity building, and sys- independent life possible; and their guardians to ensure that those temic change activities that result in individuals (ii) prevent placement into a more restrictive individuals— with developmental disabilities having access to living arrangement than is necessary; and (i) will not experience abuse, neglect, sexual and use of transportation. (iii) enable such individual to live, learn, or financial exploitation, or violation of legal or (32) UNSERVED AND UNDERSERVED.—The term work, and enjoy life in the community; and human rights; and ‘‘unserved and underserved’’ includes popu- (C) include— (ii) will not be subject to the inappropriate use lations such as individuals from racial and eth- (i) early intervention services; of restraints or seclusion; or nic minority backgrounds, disadvantaged indi- (ii) respite care; (C) include activities related to interagency viduals, individuals with limited English pro- (iii) personal assistance services; coordination and systems integration that result ficiency, individuals from underserved geo- (iv) family support services; in improved and enhanced services, supports, graphic areas (rural or urban), and specific (v) supported employment services; and other assistance that contribute to and pro- groups of individuals within the population of (vi) support services for families headed by tect the self-determination, independence, pro- individuals with developmental disabilities, in- aging caregivers of individuals with develop- ductivity, and integration and inclusion in all cluding individuals who require assistive tech- mental disabilities; and facets of community life, of individuals with de- nology in order to participate in and contribute (vii) provision of rehabilitation technology velopmental disabilities. to community life. and assistive technology, and assistive tech- (24) RECREATION-RELATED ACTIVITIES.—The SEC. 103. RECORDS AND AUDITS. nology services. term ‘‘recreation-related activities’’ means advo- (a) RECORDS.—Each recipient of assistance (17) INTEGRATION.—The term ‘‘integration’’, cacy, capacity building, and systemic change under this title shall keep such records as the used with respect to individuals with develop- activities that result in individuals with devel- Secretary shall prescribe, including— mental disabilities, means exercising the equal opmental disabilities having access to and use of (1) records that fully disclose— right of individuals with developmental disabil- recreational, leisure, and social activities, in (A) the amount and disposition by such recipi- ities to access and use the same community re- their communities. ent of the assistance;

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 6333 E:\CR\FM\A08NO6.109 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14317 (B) the total cost of the project or undertaking range of community life with persons of the in- and their families, including individuals who in connection with which such assistance is dividuals’ choice; and are traditionally unserved or underserved, par- given or used; and (III) the ability of individuals with develop- ticularly individuals who are members of ethnic (C) the amount of that portion of the cost of mental disabilities to access services, supports, and racial minority groups and individuals from the project or undertaking that is supplied by and assistance in a manner that ensures that underserved geographic areas; and other sources; and such an individual is free from abuse, neglect, (D) have brought about advocacy, capacity (2) such other records as will facilitate an ef- sexual and financial exploitation, violation of building, and systemic change activities that af- fective audit. legal and human rights, and the inappropriate fect individuals with disabilities other than in- (b) ACCESS.—The Secretary and the Comp- use of restraints and seclusion; and dividuals with developmental disabilities; troller General of the United States, or any of (iii) the extent to which the entities described (2) information on the extent to which pro- their duly authorized representatives, shall have in paragraph (1) collaborate with each other to grams authorized under this title have access for the purpose of audit and examination achieve the purpose of this title and the policy addressed— to any books, documents, papers, and records of described in section 101(c). (A) protecting individuals with developmental the recipients of assistance under this title that (4) TIME LINE FOR COMPLIANCE WITH INDICA- disabilities from abuse, neglect, sexual and fi- are pertinent to such assistance. TORS OF PROGRESS.—The Secretary shall require nancial exploitation, and violations of legal and SEC. 104. RESPONSIBILITIES OF THE SECRETARY. entities described in paragraph (1) to meet the human rights, so that those individuals are at (a) PROGRAM ACCOUNTABILITY.— indicators of progress described in paragraph no greater risk of harm than other persons in (1) IN GENERAL.—In order to monitor entities (3). For fiscal year 2001 and each year there- the general population; and that received funds under this Act to carry out after, the Secretary shall apply the indicators in (B) reports of deaths of and serious injuries to activities under subtitles B, C, and D and deter- monitoring entities described in paragraph (1), individuals with developmental disabilities; and mine the extent to which the entities have been with respect to activities conducted after Octo- (3) a summary of any incidents of noncompli- responsive to the purpose of this title and have ber 1, 2000. ance of the programs authorized under this title taken actions consistent with the policy de- (b) TIME LINE FOR REGULATIONS.—Except as with the provisions of this title, and corrections scribed in section 101(c), the Secretary shall de- otherwise expressly provided in this title, the made or actions taken to obtain compliance. velop and implement an accountability process Secretary, not later than 1 year after the date of SEC. 106. STATE CONTROL OF OPERATIONS. as described in this subsection, with respect to enactment of this Act, shall promulgate such Except as otherwise specifically provided, activities conducted after October 1, 2000. regulations as may be required for the imple- nothing in this title shall be construed as con- (2) AREAS OF EMPHASIS.—The Secretary shall mentation of this title. ferring on any Federal officer or employee the develop a process for identifying and reporting (c) INTERAGENCY COMMITTEE.— right to exercise any supervision or control over (pursuant to section 105) on progress achieved (1) IN GENERAL.—The Secretary shall maintain the administration, personnel, maintenance, or through advocacy, capacity building, and sys- the interagency committee authorized in section operation of any programs, services, and sup- temic change activities, undertaken by the enti- 108 of the Developmental Disabilities Assistance ports for individuals with developmental disabil- ties described in paragraph (1), that resulted in and Bill of Rights Act (42 U.S.C. 6007) as in ef- ities with respect to which any funds have been individuals with developmental disabilities and fect on the day before the date of enactment of or may be expended under this title. their families participating in the design of and this Act, except as otherwise provided in this SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH having access to needed community services, in- subsection. DISABILITIES. dividualized supports, and other forms of assist- (2) COMPOSITION.—The interagency committee As a condition of providing assistance under ance that promote self-determination, independ- shall be composed of representatives of— this title, the Secretary shall require that each ence, productivity, and integration and inclu- (A) the Administration on Developmental Dis- recipient of such assistance take affirmative ac- sion in all facets of community life. Specifically, abilities, the Administration on Children, tion to employ and advance in employment the Secretary shall develop a process for identi- Youth, and Families, the Administration on qualified individuals with disabilities on the fying and reporting on progress achieved, Aging, and the Health Resources and Services same terms and conditions required with respect through advocacy, capacity building, and sys- Administration, of the Department of Health to the employment of such individuals under the temic change activities, by the entities in the and Human Services; and provisions of title V of the Rehabilitation Act of areas of emphasis. (B) such other Federal departments and agen- 1973 (29 U.S.C. 791 et seq.) and the Americans (3) INDICATORS OF PROGRESS.— cies as the Secretary of Health and Human Serv- with Disabilities Act of 1990 (42 U.S.C. 12101 et (A) IN GENERAL.—In identifying progress made ices considers to be appropriate. seq.), that govern employment. by the entities described in paragraph (1) in the (3) DUTIES.—Such interagency committee shall SEC. 108. CONSTRUCTION. areas of emphasis, the Secretary, in consulta- meet regularly to coordinate and plan activities Nothing in this title shall be construed to pre- tion with the Commissioner of the Administra- conducted by Federal departments and agencies clude an entity funded under this title from en- tion on Developmental Disabilities and the enti- for individuals with developmental disabilities. gaging in advocacy, capacity building, and sys- ties, shall develop indicators for each area of (4) MEETINGS.—Each meeting of the inter- temic change activities for individuals with de- emphasis. agency committee (except for any meetings of velopmental disabilities that may also have a (B) PROPOSED INDICATORS.—Not later than any subcommittees of the committee) shall be positive impact on individuals with other dis- 180 days after the date of enactment of this Act, open to the public. Notice of each meeting, and abilities. a statement of the agenda for the meeting, shall the Secretary shall develop and publish in the SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVEL- Federal Register for public comment proposed be published in the Federal Register not later OPMENTAL DISABILITIES. than 14 days before the date on which the meet- indicators of progress for monitoring how enti- (a) IN GENERAL.—Congress makes the fol- ties described in paragraph (1) have addressed ing is to occur. lowing findings respecting the rights of individ- the areas of emphasis described in paragraph (2) SEC. 105. REPORTS OF THE SECRETARY. uals with developmental disabilities: in a manner that is responsive to the purpose of At least once every 2 years, the Secretary, (1) Individuals with developmental disabilities this title and consistent with the policy de- using information submitted in the reports and have a right to appropriate treatment, services, scribed in section 101(c). information required under subtitles B, C, D, and habilitation for such disabilities, consistent (C) FINAL INDICATORS.—Not later than Octo- and E, shall prepare and submit to the Presi- with section 101(c). ber 1, 2000, the Secretary shall revise the pro- dent, Congress, and the National Council on (2) The treatment, services, and habitation for posed indicators of progress, to the extent nec- Disability, a report that describes the goals and an individual with developmental disabilities essary based on public comment, and publish outcomes of programs supported under subtitles should be designed to maximize the potential of final indicators of progress in the Federal Reg- B, C, D, and E. In preparing the report, the Sec- the individual and should be provided in the ister. retary shall provide— setting that is least restrictive of the individual’s (D) SPECIFIC MEASURES.—At a minimum, the (1) meaningful examples of how the councils, personal liberty. indicators of progress shall be used to describe protection and advocacy systems, centers, and (3) The Federal Government and the States and measure— entities funded under subtitles B, C, D, and E, both have an obligation to ensure that public (i) the satisfaction of individuals with devel- respectively— funds are provided only to institutional pro- opmental disabilities with the advocacy, capac- (A) have undertaken coordinated activities grams, residential programs, and other commu- ity building, and systemic change activities pro- with each other; nity programs, including educational programs vided under subtitles B, C, and D; (B) have enhanced the ability of individuals in which individuals with developmental dis- (ii) the extent to which the advocacy, capacity with developmental disabilities and their fami- abilities participate, that— building, and systemic change activities pro- lies to participate in the design of and have ac- (A) provide treatment, services, and habili- vided through subtitles B, C, and D result in im- cess to needed community services, individual- tation that are appropriate to the needs of such provements in— ized supports, and other forms of assistance that individuals; and (I) the ability of individuals with develop- promote self-determination, independence, pro- (B) meet minimum standards relating to— mental disabilities to make choices and exert ductivity, and integration and inclusion in all (i) provision of care that is free of abuse, ne- control over the type, intensity, and timing of facets of community life; glect, sexual and financial exploitation, and services, supports, and assistance that the indi- (C) have brought about advocacy, capacity violations of legal and human rights and that viduals have used; building, and systemic change activities (includ- subjects individuals with developmental disabil- (II) the ability of individuals with developing policy reform), and other actions on behalf ities to no greater risk of harm than others in mental disabilities to participate in the full of individuals with developmental disabilities the general population;

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(ii) provision to such individuals of appro- (B) USE OF FUNDS.—Sums allotted to the (B) the total amount appropriated under sec- priate and sufficient medical and dental serv- States under this section shall be used to pay for tion 129 (or a corresponding provision) for the ices; the Federal share of the cost of carrying out immediately preceding fiscal year, (iii) prohibition of the use of physical re- projects in accordance with State plans ap- bears to the total amount appropriated under straint and seclusion for such an individual un- proved under section 124 for the provision under section 129 (or a corresponding provision) for less absolutely necessary to ensure the imme- such plans of services for individuals with de- such preceding fiscal year. diate physical safety of the individual or others, velopmental disabilities. (b) UNOBLIGATED FUNDS.—Any amount paid and prohibition of the use of such restraint and (2) ADJUSTMENTS.—The Secretary may make to a State for a fiscal year and remaining unob- seclusion as a punishment or as a substitute for adjustments in the amounts of State allotments ligated at the end of such year shall remain a habilitation program; based on clauses (i), (ii), and (iii) of paragraph available to such State for the next fiscal year (iv) prohibition of the excessive use of chem- (1)(A) not more often than annually. The Sec- for the purposes for which such amount was ical restraints on such individuals and the use retary shall notify each State of any adjustment paid. of such restraints as punishment or as a sub- made under this paragraph and the percentage (c) OBLIGATION OF FUNDS.—For the purposes stitute for a habilitation program or in quan- of the total sums appropriated under section 129 of this subtitle, State Interagency Agreements tities that interfere with services, treatment, or that the adjusted allotment represents not later are considered valid obligations for the purpose habilitation for such individuals; and than 6 months before the beginning of the fiscal of obligating Federal funds allotted to the State (v) provision for close relatives or guardians year in which such adjustment is to take effect. under this subtitle. of such individuals to visit the individuals with- (3) MINIMUM ALLOTMENT FOR APPROPRIATIONS (d) COOPERATIVE EFFORTS BETWEEN STATES.— out prior notice. LESS THAN OR EQUAL TO $70,000,000.— If a State plan approved in accordance with sec- (4) All programs for individuals with develop- (A) IN GENERAL.—Except as provided in para- tion 124 provides for cooperative or joint effort mental disabilities should meet standards— graph (4), for any fiscal year the allotment between or among States or agencies, public or (A) that are designed to assure the most favor- under this section— private, in more than 1 State, portions of funds able possible outcome for those served; and (i) to each of American Samoa, Guam, the allotted to 1 or more States described in this sub- (B)(i) in the case of residential programs serv- United States Virgin Islands, or the Common- section may be combined in accordance with the ing individuals in need of comprehensive health- wealth of the Northern Mariana Islands may agreements between the States or agencies in- related, habilitative, assistive technology or re- not be less than $210,000; and volved. habilitative services, that are at least equivalent (ii) to any State not described in clause (i) (e) REALLOTMENTS.— to those standards applicable to intermediate may not be less than $400,000. (1) IN GENERAL.—If the Secretary determines care facilities for the mentally retarded, promul- (B) REDUCTION OF ALLOTMENT.—Notwith- that an amount of an allotment to a State for a gated in regulations of the Secretary on June 3, standing subparagraph (A), if the aggregate of period (of a fiscal year or longer) will not be re- 1988, as appropriate, taking into account the the amounts to be allotted to the States pursu- quired by the State during the period for the size of the institutions and the service delivery ant to subparagraph (A) for any fiscal year ex- purpose for which the allotment was made, the arrangements of the facilities of the programs; ceeds the total amount appropriated under sec- Secretary may reallot the amount. (ii) in the case of other residential programs tion 129 for such fiscal year, the amount to be (2) TIMING.—The Secretary may make such a for individuals with developmental disabilities, allotted to each State for such fiscal year shall reallotment from time to time, on such date as that assure that— be proportionately reduced. the Secretary may fix, but not earlier than 30 (I) care is appropriate to the needs of the indi- (4) MINIMUM ALLOTMENT FOR APPROPRIATIONS days after the Secretary has published notice of viduals being served by such programs; IN EXCESS OF $70,000,000.— the intention of the Secretary to make the real- (II) the individuals admitted to facilities of (A) IN GENERAL.—In any case in which the lotment in the Federal Register. such programs are individuals whose needs can total amount appropriated under section 129 for (3) AMOUNTS.—The Secretary shall reallot the be met through services provided by such facili- a fiscal year is more than $70,000,000, the allot- amount to other States with respect to which ties; and ment under this section for such fiscal year— the Secretary has not made that determination. (III) the facilities of such programs provide for (i) to each of American Samoa, Guam, the The Secretary shall reallot the amount in pro- the humane care of the residents of the facili- United States Virgin Islands, or the Common- portion to the original allotments of the other ties, are sanitary, and protect their rights; and wealth of the Northern Mariana Islands may States for such fiscal year, but shall reduce such (iii) in the case of nonresidential programs, not be less than $220,000; and proportionate amount for any of the other that assure that the care provided by such pro- (ii) to any State not described in clause (i) States to the extent the proportionate amount grams is appropriate to the individuals served may not be less than $450,000. exceeds the sum that the Secretary estimates the by the programs. (B) REDUCTION OF ALLOTMENT.—The require- State needs and will be able to use during such (b) CLARIFICATION.—The rights of individuals ments of paragraph (3)(B) shall apply with re- period. with developmental disabilities described in spect to amounts to be allotted to States under (4) REALLOTMENT OF REDUCTIONS.—The Sec- findings made in this section shall be considered subparagraph (A), in the same manner and to retary shall similarly reallot the total of the re- to be in addition to any constitutional or other the same extent as such requirements apply with ductions among the States whose proportionate rights otherwise afforded to all individuals. respect to amounts to be allotted to States under amounts were not so reduced. Subtitle B—Federal Assistance to State paragraph (3)(A). (5) TREATMENT.—Any amount reallotted to a Councils on Developmental Disabilities (5) STATE SUPPORTS, SERVICES, AND OTHER AC- State under this subsection for a fiscal year SEC. 121. PURPOSE. TIVITIES.—In determining, for purposes of para- shall be deemed to be a part of the allotment of The purpose of this subtitle is to provide for graph (1)(A)(ii), the extent of need in any State the State under subsection (a) for such fiscal allotments to support State Councils on Devel- for services for individuals with developmental year. opmental Disabilities (referred to individually in disabilities, the Secretary shall take into ac- SEC. 123. PAYMENTS TO THE STATES FOR PLAN- this subtitle as a ‘‘Council’’) in each State to— count the scope and extent of the services, sup- NING, ADMINISTRATION, AND SERV- (1) engage in advocacy, capacity building, ports, and assistance described, pursuant to sec- ICES. and systemic change activities that are con- tion 124(c)(3)(A), in the State plan of the State. (a) STATE PLAN EXPENDITURES.—From each sistent with the purpose described in section (6) INCREASE IN ALLOTMENTS.—In any year in State’s allotments for a fiscal year under section 101(b) and the policy described in section 101(c); which the total amount appropriated under sec- 122, the Secretary shall pay to the State the and tion 129 for a fiscal year exceeds the total Federal share of the cost, other than the cost for (2) contribute to a coordinated, consumer- and amount appropriated under such section (or a construction, incurred during such year for ac- family-centered, consumer- and family-directed, corresponding provision) for the preceding fiscal tivities carried out under the State plan ap- comprehensive system of community services, in- year by a percentage greater than the most re- proved under section 124. The Secretary shall dividualized supports, and other forms of assist- cent percentage change in the Consumer Price make such payments from time to time in ad- ance that enable individuals with developmental Index published by the Secretary of Labor under vance on the basis of estimates by the Secretary disabilities to exercise self-determination, be section 100(c)(1) of the Rehabilitation Act of of the sums the State will expend for the cost independent, be productive, and be integrated 1973 (29 U.S.C. 720(c)(1)) (if the percentage under the State plan. The Secretary shall make and included in all facets of community life. change indicates an increase), the Secretary such adjustments as may be necessary to the SEC. 122. STATE ALLOTMENTS. shall increase each of the minimum allotments payments on account of previously made under- payments or overpayments under this section. (a) ALLOTMENTS.— described in paragraphs (3) and (4). The Sec- (b) DESIGNATED STATE AGENCY EXPENDI- (1) IN GENERAL.— retary shall increase each minimum allotment by (A) AUTHORITY.—For each fiscal year, the an amount that bears the same ratio to the TURES.—The Secretary may make payments to a Secretary shall, in accordance with regulations amount of such minimum allotment (including State for the portion described in section and this paragraph, allot the sums appropriated any increases in such minimum allotment under 124(c)(5)(B)(vi) in advance or by way of reim- for such year under section 129 among the this paragraph (or a corresponding provision) bursement, and in such installments as the Sec- States on the basis of— for prior fiscal years) as the amount that is retary may determine. (i) the population; equal to the difference between— SEC. 124. STATE PLAN. (ii) the extent of need for services for individ- (A) the total amount appropriated under sec- (a) IN GENERAL.—Any State desiring to receive uals with developmental disabilities; and tion 129 for the fiscal year for which the in- assistance under this subtitle shall submit to the (iii) the financial need, crease in the minimum allotment is being made; Secretary, and obtain approval of, a 5-year stra- of the respective States. minus tegic State plan under this section.

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(b) PLANNING CYCLE.—The plan described in (v) the numbers of individuals with develop- would otherwise be made available for the pur- subsection (a) shall be updated as appropriate mental disabilities on waiting lists for services poses for which the funds paid under section 122 during the 5-year period. described in this subparagraph; are provided; (c) STATE PLAN REQUIREMENTS.—In order to (vi) a description of the adequacy of current (iv) such funds will be used to complement be approved by the Secretary under this section, resources and projected availability of future re- and augment rather than duplicate or replace a State plan shall meet each of the following resources to fund services described in this sub- services for individuals with developmental dis- quirements: paragraph; abilities and their families who are eligible for (1) STATE COUNCIL.—The plan shall provide (vii) a description of the adequacy of health Federal assistance under other State programs; for the establishment and maintenance of a care and other services, supports, and assistance (v) part of such funds will be made available Council in accordance with section 125 and de- that individuals with developmental disabilities by the State to public or private entities; scribe the membership of such Council. who are in facilities receive (based in part on (vi) at the request of any State, a portion of (2) DESIGNATED STATE AGENCY.—The plan each independent review (pursuant to section such funds provided to such State under this shall identify the agency or office within the 1902(a)(30)(C) of the Social Security Act (42 subtitle for any fiscal year shall be available to State designated to support the Council in ac- U.S.C. 1396a(a)(30)(C))) of an Intermediate Care pay up to 1⁄2 (or the entire amount if the Council cordance with this section and section 125(d) Facility (Mental Retardation) within the State, is the designated State agency) of the expendi- (referred to in this subtitle as a ‘‘designated which the State shall provide to the Council not tures found to be necessary by the Secretary for State agency’’). later than 30 days after the availability of the the proper and efficient exercise of the functions (3) COMPREHENSIVE REVIEW AND ANALYSIS.— review); and of the designated State agency, except that not The plan shall describe the results of a com- (viii) to the extent that information is avail- more than 5 percent of such funds provided to prehensive review and analysis of the extent to able, a description of the adequacy of health such State for any fiscal year, or $50,000, which- which services, supports, and other assistance care and other services, supports, and assistance ever is less, shall be made available for total ex- are available to individuals with developmental that individuals with developmental disabilities penditures for such purpose by the designated disabilities and their families, and the extent of who are served through home and community- State agency; and unmet needs for services, supports, and other based waivers (authorized under section 1915(c) (vii) not more than 20 percent of such funds assistance for those individuals and their fami- of the Social Security Act (42 U.S.C. 1396n(c))) will be allocated to the designated State agency lies, in the State. The results of the comprehen- receive; for service demonstrations by such agency sive review and analysis shall include— (D) a description of how entities funded under that— (A) a description of the services, supports, and subtitles C and D, through interagency agree- (I) contribute to the achievement of the pur- other assistance being provided to individuals ments or other mechanisms, collaborated with pose of this subtitle; and (II) are explicitly authorized by the Council. with developmental disabilities and their fami- the entity funded under this subtitle in the (C) STATE FINANCIAL PARTICIPATION.—The lies under other federally assisted State pro- State, each other, and other entities to con- plan shall provide assurances that there will be grams, plans, and policies under which the tribute to the achievement of the purpose of this reasonable State financial participation in the State operates and in which individuals with subtitle; and cost of carrying out the plan. developmental disabilities are or may be eligible (E) the rationale for the goals related to advocacy, capacity building, and systemic change to (D) CONFLICT OF INTEREST.—The plan shall to participate, including particularly programs provide an assurance that no member of such relating to the areas of emphasis, including— be undertaken by the Council to contribute to the achievement of the purpose of this subtitle. Council will cast a vote on any matter that (i) medical assistance, maternal and child would provide direct financial benefit to the health care, services for children with special (4) PLAN GOALS.—The plan shall focus on Council efforts to bring about the purpose of member or otherwise give the appearance of a health care needs, children’s mental health serv- conflict of interest. ices, comprehensive health and mental health this subtitle, by— (A) specifying 5-year goals, as developed (E) URBAN AND RURAL POVERTY AREAS.—The services, and institutional care options; plan shall provide assurances that special fi- (ii) job training, job placement, worksite ac- through data driven strategic planning, for advocacy, capacity building, and systemic change nancial and technical assistance will be given to commodation, and vocational rehabilitation, organizations that provide community services, and other work assistance programs; and related to the areas of emphasis, to be undertaken by the Council, that— individualized supports, and other forms of as- (iii) social, child welfare, aging, independent (i) are derived from the unmet needs of indi- sistance to individuals with developmental dis- living, and rehabilitation and assistive tech- viduals with developmental disabilities and their abilities who live in areas designated as urban nology services, and such other services as the families identified under paragraph (3); and or rural poverty areas. Secretary may specify; (ii) include a goal, for each year of the grant, (F) PROGRAM ACCESSIBILITY STANDARDS.—The (B) a description of the extent to which agen- to— plan shall provide assurances that programs, cies operating such other federally assisted State (I) establish or strengthen a program for the projects, and activities funded under the plan, programs, including activities authorized under direct funding of a State self-advocacy organi- and the buildings in which such programs, section 101 or 102 of the Assistive Technology zation led by individuals with developmental projects, and activities are operated, will meet Act of 1998 (29 U.S.C. 3011, 3012), pursue inter- disabilities; standards prescribed by the Secretary in regula- agency initiatives to improve and enhance com- (II) support opportunities for individuals with tions and all applicable Federal and State ac- munity services, individualized supports, and developmental disabilities who are considered cessibility standards, including accessibility re- other forms of assistance for individuals with leaders to provide leadership training to individ- quirements of the Americans with Disabilities developmental disabilities; uals with developmental disabilities who may Act of 1990 (42 U.S.C. 12101 et seq.), section 508 (C) an analysis of the extent to which commu- become leaders; and of the Rehabilitation Act of 1973 (29 U.S.C. nity services and opportunities related to the (III) support and expand participation of in- 794d), and the Fair Housing Act (42 U.S.C. 3601 areas of emphasis directly benefit individuals dividuals with developmental disabilities in et seq.). with developmental disabilities, especially with cross-disability and culturally diverse leadership (G) INDIVIDUALIZED SERVICES.—The plan shall regard to their ability to access and use services coalitions; and provide assurances that any direct services pro- provided in their communities, to participate in (B) for each year of the grant, describing— vided to individuals with developmental disabil- opportunities, activities, and events offered in (i) the goals to be achieved through the grant, ities and funded under the plan will be provided their communities, and to contribute to commu- which, beginning in fiscal year 2001, shall be in an individualized manner, consistent with nity life, identifying particularly— consistent with applicable indicators of progress the unique strengths, resources, priorities, con- (i) the degree of support for individuals with described in section 104(a)(3); cerns, abilities, and capabilities of such indi- developmental disabilities that are attributable (ii) the strategies to be used in achieving each vidual. to either physical impairment, mental impair- goal; and (H) HUMAN RIGHTS.—The plan shall provide ment, or a combination of physical and mental (iii) the method to be used to determine if each assurances that the human rights of the individ- impairments; goal has been achieved. uals with developmental disabilities (especially (ii) criteria for eligibility for services, includ- (5) ASSURANCES.— individuals without familial protection) who are ing specialized services and special adaptation (A) IN GENERAL.—The plan shall contain or be receiving services under programs assisted under of generic services provided by agencies within supported by assurances and information de- this subtitle will be protected consistent with the State, that may exclude individuals with described in subparagraphs (B) through (N) that section 109 (relating to rights of individuals with velopmental disabilities from receiving services are satisfactory to the Secretary. developmental disabilities). described in this clause; (B) USE OF FUNDS.—With respect to the funds (I) MINORITY PARTICIPATION.—The plan shall (iii) the barriers that impede full participation paid to the State under section 122, the plan provide assurances that the State has taken af- of members of unserved and underserved groups shall provide assurances that— firmative steps to assure that participation in of individuals with developmental disabilities (i) not less than 70 percent of such funds will programs funded under this subtitle is geo- and their families; be expended for activities related to the goals graphically representative of the State, and re- (iv) the availability of assistive technology, described in paragraph (4); flects the diversity of the State with respect to assistive technology services, or rehabilitation (ii) such funds will contribute to the achieve- race and ethnicity. technology, or information about assistive tech- ment of the purpose of this subtitle in various (J) EMPLOYEE PROTECTIONS.—The plan shall nology, assistive technology services, or rehabili- political subdivisions of the State; provide assurances that fair and equitable ar- tation technology to individuals with develop- (iii) such funds will be used to supplement, rangements (as determined by the Secretary mental disabilities; and not supplant, the non-Federal funds that after consultation with the Secretary of Labor)

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will be provided to protect the interests of em- ities and individuals interested in individuals (6) INSTITUTIONALIZED INDIVIDUALS.— ployees affected by actions taken under the plan with developmental disabilities, including the (A) IN GENERAL.—Of the members of the Coun- to provide community living activities, including non-State agency members of the Council. The cil described in paragraph (5), at least 1 shall be arrangements designed to preserve employee Council may, at the initiative of the Council, or an immediate relative or guardian of an indi- rights and benefits and provide training and re- on the request of the Governor, coordinate vidual with a developmental disability who re- training of such employees where necessary, Council and public input to the Governor resides or previously resided in an institution or and arrangements under which maximum efforts garding all recommendations. shall be an individual with a developmental dis- will be made to guarantee the employment of (C) REPRESENTATION.—The membership of the ability who resides or previously resided in an such employees. Council shall be geographically representative institution. (K) STAFF ASSIGNMENTS.—The plan shall proof the State and reflect the diversity of the State (B) LIMITATION.—Subparagraph (A) shall not vide assurances that the staff and other per- with respect to race and ethnicity. apply with respect to a State if such an indi- sonnel of the Council, while working for the (2) MEMBERSHIP ROTATION.—The Governor vidual does not reside in that State. Council, will be responsible solely for assisting shall make appropriate provisions to rotate the (c) COUNCIL RESPONSIBILITIES.— the Council in carrying out the duties of the membership of the Council. Such provisions (1) IN GENERAL.—A Council, through Council Council under this subtitle and will not be as- shall allow members to continue to serve on the members, staff, consultants, contractors, or sub- signed duties by the designated State agency, or Council until such members’ successors are ap- grantees, shall have the responsibilities de- any other agency, office, or entity of the State. pointed. The Council shall notify the Governor scribed in paragraphs (2) through (10). (2) ADVOCACY, CAPACITY BUILDING, AND SYS- (L) NONINTERFERENCE.—The plan shall pro- regarding membership requirements of the Coun- vide assurances that the designated State agen- cil, and shall notify the Governor when vacan- TEMIC CHANGE ACTIVITIES.—The Council shall cy, and any other agency, office, or entity of cies on the Council remain unfilled for a signifi- serve as an advocate for individuals with devel- the State, will not interfere with the advocacy, cant period of time. opmental disabilities and conduct or support programs, projects, and activities that carry out capacity building, and systemic change activi- (3) REPRESENTATION OF INDIVIDUALS WITH DE- the purpose of this subtitle. ties, budget, personnel, State plan development, VELOPMENTAL DISABILITIES.—Not less than 60 (3) EXAMINATION OF GOALS.—At the end of or plan implementation of the Council, except percent of the membership of each Council shall each grant year, each Council shall— that the designated State agency shall have the consist of individuals who are— (A) determine the extent to which each goal of (A)(i) individuals with developmental disabil- authority necessary to carry out the responsibil- the Council was achieved for that year; ities described in section 125(d)(3). ities; (B) determine to the extent that each goal was (M) STATE QUALITY ASSURANCE.—The plan (ii) parents or guardians of children with de- not achieved, the factors that impeded the shall provide assurances that the Council will velopmental disabilities; or achievement; participate in the planning, design or redesign, (iii) immediate relatives or guardians of adults (C) determine needs that require amendment and monitoring of State quality assurance sys- with mentally impairing developmental disabil- of the 5-year strategic State plan required under tems that affect individuals with developmental ities who cannot advocate for themselves; and section 124; disabilities. (B) not employees of a State agency that re- (D) separately determine the information on (N) OTHER ASSURANCES.—The plan shall con- ceives funds or provides services under this sub- the self-advocacy goal described in section tain such additional information and assur- title, and who are not managing employees (as 124(c)(4)(A)(ii); and ances as the Secretary may find necessary to defined in section 1126(b) of the Social Security (E) determine customer satisfaction with carry out the provisions (including the purpose) Act (42 U.S.C. 1320a–5(b)) of any other entity Council supported or conducted activities. of this subtitle. that receives funds or provides services under (4) STATE PLAN DEVELOPMENT.—The Council (d) PUBLIC INPUT AND REVIEW, SUBMISSION, this subtitle. shall develop the State plan and submit the AND APPROVAL.— (4) REPRESENTATION OF AGENCIES AND ORGANI- State plan to the Secretary after consultation (1) PUBLIC INPUT AND REVIEW.—The plan shall ZATIONS.— with the designated State agency under the be based on public input. The Council shall (A) IN GENERAL.—Each Council shall State plan. Such consultation shall be solely for make the plan available for public review and include— the purposes of obtaining State assurances and comment, after providing appropriate and suffi- (i) representatives of relevant State entities, ensuring consistency of the plan with State law. cient notice in accessible formats of the oppor- including— (5) STATE PLAN IMPLEMENTATION.— tunity for such review and comment. The Coun- (I) State entities that administer funds pro- (A) IN GENERAL.—The Council shall implement cil shall revise the plan to take into account and vided under Federal laws related to individuals the State plan by conducting and supporting respond to significant comments. with disabilities, including the Rehabilitation advocacy, capacity building, and systemic (2) CONSULTATION WITH THE DESIGNATED Act of 1973 (29 U.S.C. 701 et seq.), the Individ- change activities such as those described in sub- STATE AGENCY.—Before the plan is submitted to uals with Disabilities Education Act (20 U.S.C. paragraphs (B) through (L). the Secretary, the Council shall consult with the 1400 et seq.), the Older Americans Act of 1965 (42 (B) OUTREACH.—The Council may support designated State agency to ensure that the State U.S.C. 3001 et seq.), and titles V and XIX of the and conduct outreach activities to identify indi- plan is consistent with State law and to obtain Social Security Act (42 U.S.C. 701 et seq. and viduals with developmental disabilities and their appropriate State plan assurances. 1396 et seq.); families who otherwise might not come to the at- (3) PLAN APPROVAL.—The Secretary shall ap- (II) Centers in the State; and tention of the Council and assist and enable the prove any State plan and, as appropriate, (III) the State protection and advocacy sys- individuals and families to obtain services, indi- amendments of such plan that comply with the tem; and vidualized supports, and other forms of assist- provisions of subsections (a), (b), and (c) and (ii) representatives, at all times, of local and ance, including access to special adaptation of this subsection. The Secretary may take final nongovernmental agencies, and private non- generic community services or specialized serv- action to disapprove a State plan after pro- profit groups concerned with services for indi- ices. viding reasonable notice and an opportunity for viduals with developmental disabilities in the (C) TRAINING.—The Council may support and a hearing to the State. State in which such agencies and groups are lo- conduct training for persons who are individ- SEC. 125. STATE COUNCILS ON DEVELOPMENTAL cated. uals with developmental disabilities, their fami- DISABILITIES AND DESIGNATED (B) AUTHORITY AND LIMITATIONS.—The rep- lies, and personnel (including professionals, STATE AGENCIES. resentatives described in subparagraph (A) paraprofessionals, students, volunteers, and (a) IN GENERAL.—Each State that receives as- shall— other community members) to enable such per- sistance under this subtitle shall establish and (i) have sufficient authority to engage in pol- sons to obtain access to, or to provide, commu- maintain a Council to undertake advocacy, ca- icy planning and implementation on behalf of nity services, individualized supports, and other pacity building, and systemic change activities the department, agency, or program such rep- forms of assistance, including special adapta- (consistent with subsections (b) and (c) of sec- resentatives represent; and tion of generic community services or specialized tion 101) that contribute to a coordinated, (ii) recuse themselves from any discussion of services for individuals with developmental dis- consumer- and family-centered, consumer- and grants or contracts for which such representa- abilities and their families. To the extent that family-directed, comprehensive system of com- tives’ departments, agencies, or programs are the Council supports or conducts training ac- munity services, individualized supports, and grantees, contractors, or applicants and comply tivities under this subparagraph, such activities other forms of assistance that contribute to the with the conflict of interest assurance require- shall contribute to the achievement of the pur- achievement of the purpose of this subtitle. The ment under section 124(c)(5)(D). pose of this subtitle. Council shall have the authority to fulfill the (5) COMPOSITION OF MEMBERSHIP WITH DEVEL- (D) TECHNICAL ASSISTANCE.—The Council may responsibilities described in subsection (c). OPMENTAL DISABILITIES.—Of the members of the support and conduct technical assistance activi- (b) COUNCIL MEMBERSHIP.— Council described in paragraph (3)— ties to assist public and private entities to con- (1) COUNCIL APPOINTMENTS.— (A) 1⁄3 shall be individuals with developmental tribute to the achievement of the purpose of this (A) IN GENERAL.—The members of the Council disabilities described in paragraph (3)(A)(i); subtitle. of a State shall be appointed by the Governor of (B) 1⁄3 shall be parents or guardians of chil- (E) SUPPORTING AND EDUCATING COMMU- the State from among the residents of that State. dren with developmental disabilities described in NITIES.—The Council may support and conduct (B) RECOMMENDATIONS.—The Governor shall paragraph (3)(A)(ii), or immediate relatives or activities to assist neighborhoods and commu- select members of the Council, at the discretion guardians of adults with developmental disabil- nities to respond positively to individuals with of the Governor, after soliciting recommenda- ities described in paragraph (3)(A)(iii); and developmental disabilities and their families— tions from organizations representing a broad (C) 1⁄3 shall be a combination of individuals (i) by encouraging local networks to provide range of individuals with developmental disabil- described in paragraph (3)(A). informal and formal supports;

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(ii) through education; and (ii) SOURCES OF FUNDING.—The Council may forfeit wages from other employment, to attend (iii) by enabling neighborhoods and commu- carry out this subparagraph by supporting and Council meetings and perform other Council du- nities to offer such individuals and their fami- conducting demonstration activities through ties; lies access to and use of services, resources, and sources of funding other than funding provided (III) supporting Council member and staff opportunities. under this subtitle, and by assisting entities travel to authorized training and technical as- (F) INTERAGENCY COLLABORATION AND CO- conducting demonstration activities to develop sistance activities including in-service training ORDINATION.—The Council may support and strategies for securing funding from other and leadership development activities; and conduct activities to promote interagency col- sources. (IV) carrying out appropriate subcontracting laboration and coordination to better serve, sup- (L) OTHER ACTIVITIES.—The Council may sup- activities; port, assist, or advocate for individuals with de- port and conduct other advocacy, capacity (B) hiring and maintaining such numbers and velopmental disabilities and their families. building, and systemic change activities to pro- types of staff (qualified by training and experi- (G) COORDINATION WITH RELATED COUNCILS, mote the development of a coordinated, ence) and obtaining the services of such profes- COMMITTEES, AND PROGRAMS.—The Council may consumer- and family-centered, consumer- and sional, consulting, technical, and clerical staff support and conduct activities to enhance co- family-directed, comprehensive system of com- (qualified by training and experience), con- ordination of services with— munity services, individualized supports, and (i) other councils, entities, or committees, au- sistent with State law, as the Council deter- other forms of assistance that contribute to the mines to be necessary to carry out the functions thorized by Federal or State law, concerning in- achievement of the purpose of this subtitle. dividuals with disabilities (such as the State of the Council under this subtitle, except that (6) REVIEW OF DESIGNATED STATE AGENCY.— such State shall not apply hiring freezes, reduc- interagency coordinating council established The Council shall periodically review the des- under subtitle C of the Individuals with Disabil- tions in force, prohibitions on travel, or other ignated State agency and activities carried out policies to the staff of the Council, to the extent ities Education Act (20 U.S.C. 1431 et seq.), the under this subtitle by the designated State agen- State Rehabilitation Council and the Statewide that such policies would impact the staff or cy and make any recommendations for change functions funded with Federal funds, or would Independent Living Council established under to the Governor. the Rehabilitation Act of 1973 (29 U.S.C. 701 et prevent the Council from carrying out the func- (7) REPORTS.—Beginning in fiscal year 2001, tions of the Council under this subtitle; and seq.), the State mental health planning council the Council shall annually prepare and transmit (C) directing the expenditure of funds for established under subtitle B of title XIX of the to the Secretary a report. Each report shall be in grants, contracts, interagency agreements that Public Health Service Act (42 U.S.C. 300x–1 et a form prescribed by the Secretary by regulation are binding contracts, and other activities au- seq.), and the activities authorized under sec- under section 104(b). Each report shall contain thorized by the State plan approved under section 101 or 102 of the Assistive Technology Act information about the progress made by the tion 124. of 1998 (29 U.S.C. 3011, 3012), and entities car- Council in achieving the goals of the Council (9) STAFF HIRING AND SUPERVISION.—The rying out other similar councils, entities, or (as specified in section 124(c)(4)), including— committees); (A) a description of the extent to which the Council shall, consistent with State law, recruit (ii) parent training and information centers goals were achieved; and hire a Director of the Council, should the under part D of the Individuals with Disabilities (B) a description of the strategies that con- position of Director become vacant, and super- Education Act (20 U.S.C. 1451 et seq.) and other tributed to achieving the goals; vise and annually evaluate the Director. The entities carrying out federally funded projects (C) to the extent to which the goals were not Director shall hire, supervise, and annually that assist parents of children with disabilities; achieved, a description of factors that impeded evaluate the staff of the Council. Council re- and the achievement; cruitment, hiring, and dismissal of staff shall be (iii) other groups interested in advocacy, ca- (D) separate information on the self-advocacy conducted in a manner consistent with Federal pacity building, and systemic change activities goal described in section 124(c)(4)(A)(ii); and State nondiscrimination laws. Dismissal of to benefit individuals with disabilities. (E)(i) as appropriate, an update on the results personnel shall be conducted in a manner con- (H) BARRIER ELIMINATION, SYSTEMS DESIGN of the comprehensive review and analysis de- sistent with State law and personnel policies. AND REDESIGN.—The Council may support and scribed in section 124(c)(3); and (10) STAFF ASSIGNMENTS.—The staff of the conduct activities to eliminate barriers to assess (ii) information on consumer satisfaction with Council, while working for the Council, shall be and use of community services by individuals Council supported or conducted activities; responsible solely for assisting the Council in with developmental disabilities, enhance systems (F)(i) a description of the adequacy of health carrying out the duties of the Council under design and redesign, and enhance citizen par- care and other services, supports, and assistance this subtitle and shall not be assigned duties by ticipation to address issues identified in the that individuals with developmental disabilities the designated State agency or any other agen- State plan. in Intermediate Care Facilities (Mental Retarda- cy or entity of the State. (I) COALITION DEVELOPMENT AND CITIZEN PAR- tion) receive; and (11) CONSTRUCTION.—Nothing in this title TICIPATION.—The Council may support and con- (ii) a description of the adequacy of health shall be construed to authorize a Council to di- duct activities to educate the public about the care and other services, supports, and assistance rect, control, or exercise any policymaking au- capabilities, preferences, and needs of individ- that individuals with developmental disabilities thority or administrative authority over any uals with developmental disabilities and their served through home and community-based program assisted under the Rehabilitation Act families and to develop and support coalitions waivers (authorized under section 1915(c) of the of 1973 (29 U.S.C. 701 et seq.) or the Individuals that support the policy agenda of the Council, Social Security Act (42 U.S.C. 1396n(c)) receive; with Disabilities Education Act (20 U.S.C. 1400 including training in self-advocacy, education (G) an accounting of the manner in which et seq.). of policymakers, and citizen leadership skills. funds paid to the State under this subtitle for a (d) DESIGNATED STATE AGENCY.— (J) INFORMING POLICYMAKERS.—The Council fiscal year were expended; (1) IN GENERAL.—Each State that receives as- may support and conduct activities to provide (H) a description of— sistance under this subtitle shall designate a information to policymakers by supporting and (i) resources made available to carry out ac- State agency that shall, on behalf of the State, conducting studies and analyses, gathering in- tivities to assist individuals with developmental provide support to the Council. After the date of formation, and developing and disseminating disabilities that are directly attributable to enactment of the Developmental Disabilities As- model policies and procedures, information, ap- Council actions; and sistance and Bill of Rights Act Amendments of proaches, strategies, findings, conclusions, and (ii) resources made available for such activi- 1994 (Public Law 103–230), any designation of a recommendations. The Council may provide the ties that are undertaken by the Council in col- State agency under this paragraph shall be information directly to Federal, State, and local laboration with other entities; and made in accordance with the requirements of policymakers, including Congress, the Federal (I) a description of the method by which the this subsection. executive branch, the Governors, State legisla- Council will widely disseminate the annual re- (2) DESIGNATION.— tures, and State agencies, in order to increase port to affected constituencies and the general (A) TYPE OF AGENCY.—Except as provided in the ability of such policymakers to offer oppor- public and will assure that the report is avail- this subsection, the designated State agency tunities and to enhance or adapt generic serv- able in accessible formats. shall be— ices to meet the needs of, or provide specialized (8) BUDGET.—Each Council shall prepare, ap- services to, individuals with developmental dis- prove, and implement a budget using amounts (i) the Council if such Council may be the des- abilities and their families. paid to the State under this subtitle to fund and ignated State agency under the laws of the State; (K) DEMONSTRATION OF NEW APPROACHES TO implement all programs, projects, and activities SERVICES AND SUPPORTS.— carried out under this subtitle, including— (ii) a State agency that does not provide or (i) IN GENERAL.—The Council may support (A)(i) conducting such hearings and forums as pay for services for individuals with develop- and conduct, on a time-limited basis, activities the Council may determine to be necessary to mental disabilities; or to demonstrate new approaches to serving indi- carry out the duties of the Council; and (iii) a State office, including the immediate of- viduals with developmental disabilities that are (ii) as determined in Council policy— fice of the Governor of the State or a State plan- a part of an overall strategy for systemic (I) reimbursing members of the Council for ning office. change. The strategy may involve the education reasonable and necessary expenses (including (B) CONDITIONS FOR CONTINUATION OF STATE of policymakers and the public about how to de- expenses for child care and personal assistance SERVICE AGENCY DESIGNATION.— liver effectively, to individuals with develop- services) for attending Council meetings and (i) DESIGNATION BEFORE ENACTMENT.—If a mental disabilities and their families, services, performing Council duties; State agency that provides or pays for services supports, and assistance that contribute to the (II) paying a stipend to a member of the for individuals with developmental disabilities achievement of the purpose of this subtitle. Council, if such member is not employed or must was a designated State agency for purposes of

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00091 Fmt 0624 Sfmt 6333 E:\CR\FM\A08NO6.110 pfrm01 PsN: S08PT1 S14322 CONGRESSIONAL RECORD — SENATE November 8, 1999 part B of the Developmental Disabilities Assist- agency shall enter into a memorandum of un- SEC. 127. WITHHOLDING OF PAYMENTS FOR ance and Bill of Rights Act on the date of en- derstanding with the Council delineating the PLANNING, ADMINISTRATION, AND actment of the Developmental Disabilities As- roles and responsibilities of the designated State SERVICES. sistance and Bill of Rights Act Amendments of agency. Whenever the Secretary, after providing rea- 1994, and the Governor of the State (or the legis- (4) USE OF FUNDS FOR DESIGNATED STATE sonable notice and an opportunity for a hearing lature, where appropriate and in accordance AGENCY RESPONSIBILITIES.— to the Council and the designated State agency, finds that— with State law) determines prior to June 30, (A) CONDITION FOR FEDERAL FUNDING.— (1) the Council or agency has failed to comply 1994, not to change the designation of such (i) IN GENERAL.—The Secretary shall provide agency, such agency may continue to be a des- amounts to a State under section 124(c)(5)(B)(vi) substantially with any of the provisions re- ignated State agency for purposes of this sub- for a fiscal year only if the State expends an quired by section 124 to be included in the State title. amount from State sources for carrying out the plan, particularly provisions required by para- (ii) CRITERIA FOR CONTINUED DESIGNATION.— responsibilities of the designated State agency graphs (4)(A) and (5)(B)(vii) of section 124(c), or The determination, at the discretion of the Gov- under paragraph (3) for the fiscal year that is with any of the provisions required by section ernor (or the legislature, as the case may be), not less than the total amount the State ex- 125(b)(3); or shall be made after— pended from such sources for carrying out simi- (2) the Council or agency has failed to comply (I) the Governor has considered the comments lar responsibilities for the previous fiscal year. substantially with any regulations of the Sec- retary that are applicable to this subtitle, and recommendations of the general public and (ii) EXCEPTION.—Clause (i) shall not apply in the Secretary shall notify such Council and a majority of the non-State agency members of a year in which the Council is the designated agency that the Secretary will not make further the Council with respect to the designation of State agency. such State agency; and payments to the State under section 122 (or, in (B) SUPPORT SERVICES PROVIDED BY OTHER (II) the Governor (or the legislature, as the the discretion of the Secretary, that further pay- AGENCIES.—With the agreement of the des- case may be) has made an independent assessments to the State under section 122 for activi- ignated State agency, the Council may use or ment that the designation of such agency will ties for which there is such failure), until the contract with agencies other than the des- not interfere with the budget, personnel, prior- Secretary is satisfied that there will no longer be ignated State agency to perform the functions of ities, or other action of the Council, and the such failure. Until the Secretary is so satisfied, the designated State agency. ability of the Council to serve as an independent the Secretary shall make no further payments to advocate for individuals with developmental dis- SEC. 126. FEDERAL AND NON-FEDERAL SHARE. the State under section 122, or shall limit further abilities. (a) AGGREGATE COST.— payments under section 122 to such State to ac- (C) REVIEW OF DESIGNATION.—The Council (1) IN GENERAL.—Except as provided in para- tivities for which there is no such failure. may request a review of and change in the des- graphs (2) and (3), the Federal share of the cost SEC. 128. APPEALS BY STATES. ignation of the designated State agency by the of all projects in a State supported by an allot- (a) APPEAL.—If any State is dissatisfied with Governor (or the legislature, as the case may ment to the State under this subtitle may not be the Secretary’s action under section 124(d)(3) or be). The Council shall provide documentation more than 75 percent of the aggregate necessary 127, such State may appeal to the United States concerning the reason the Council desires a cost of such projects, as determined by the Sec- court of appeals for the circuit in which such change to be made and make a recommendation retary. State is located, by filing a petition with such to the Governor (or the legislature, as the case (2) URBAN OR RURAL POVERTY AREAS.—In the court not later than 60 days after such action. may be) regarding a preferred designated State case of projects whose activities or products tar- (b) FILING.—The clerk of the court shall agency. get individuals with developmental disabilities transmit promptly a copy of the petition to the (D) APPEAL OF DESIGNATION.—After the re- who live in urban or rural poverty areas, as de- Secretary, or any officer designated by the Sec- view is completed under subparagraph (C), a termined by the Secretary, the Federal share of retary for that purpose. The Secretary shall file majority of the non-State agency members of the the cost of all such projects may not be more promptly with the court the record of the pro- Council may appeal to the Secretary for a re- than 90 percent of the aggregate necessary cost ceedings on which the Secretary based the ac- view of and change in the designation of the of such projects, as determined by the Secretary. tion, as provided in section 2112 of title 28, designated State agency if the ability of the (3) STATE PLAN ACTIVITIES.—In the case of United States Code. Council to serve as an independent advocate is projects undertaken by the Council or Council (c) JURISDICTION.—Upon the filing of the peti- not assured because of the actions or inactions staff to implement State plan activities, the Fed- tion, the court shall have jurisdiction to affirm of the designated State agency. eral share of the cost of all such projects may be the action of the Secretary or to set the action (3) RESPONSIBILITIES.— not more than 100 percent of the aggregate nec- aside, in whole or in part, temporarily or perma- (A) IN GENERAL.—The designated State agency essary cost of such activities. nently. Until the filing of the record, the Sec- shall, on behalf of the State, have the respon- (b) NONDUPLICATION.—In determining the retary may modify or set aside the order of the sibilities described in subparagraphs (B) amount of any State’s Federal share of the cost Secretary relating to the action. through (G). of such projects incurred by such State under a (d) FINDINGS AND REMAND.—The findings of (B) SUPPORT SERVICES.—The designated State State plan approved under section 124, the Sec- the Secretary about the facts, if supported by agency shall provide required assurances and retary shall not consider— substantial evidence, shall be conclusive, but support services as requested by and negotiated (1) any portion of such cost that is financed the court, for good cause shown, may remand with the Council. by Federal funds provided under any provision the case involved to the Secretary for further (C) FISCAL RESPONSIBILITIES.—The designated of law other than section 122; and proceedings to take further evidence. On re- State agency shall— (2) the amount of any non-Federal funds remand, the Secretary may make new or modified (i) receive, account for, and disburse funds quired to be expended as a condition of receipt findings of fact and may modify the previous under this subtitle based on the State plan re- of the Federal funds described in paragraph (1). action of the Secretary, and shall file with the quired in section 124; and (c) NON-FEDERAL SHARE.— court the record of the further proceedings. (ii) provide for such fiscal control and fund Such new or modified findings of fact shall like- accounting procedures as may be necessary to (1) IN-KIND CONTRIBUTIONS.—The non-Federal wise be conclusive if supported by substantial assure the proper disbursement of, and account- share of the cost of any project supported by an evidence. ing for, funds paid to the State under this sub- allotment under this subtitle may be provided in (e) FINALITY.—The judgment of the court af- title. cash or in kind, fairly evaluated, including firming or setting aside, in whole or in part, any (D) RECORDS, ACCESS, AND FINANCIAL RE- plant, equipment, or services. action of the Secretary shall be final, subject to PORTS.—The designated State agency shall keep (2) CONTRIBUTIONS OF POLITICAL SUBDIVISIONS and provide access to such records as the Sec- AND PUBLIC OR PRIVATE ENTITIES.— review by the Supreme Court of the United retary and the Council may determine to be nec- (A) IN GENERAL.—Contributions to projects by States upon certiorari or certification as pro- essary. The designated State agency, if other a political subdivision of a State or by a public vided in section 1254 of title 28, United States than the Council, shall provide timely financial or private entity under an agreement with the Code. reports at the request of the Council regarding State shall, subject to such limitations and con- (f) EFFECT.—The commencement of pro- the status of expenditures, obligations, and liq- ditions as the Secretary may by regulation pre- ceedings under this section shall not, unless so uidation by the agency or the Council, and the scribe under section 104(b), be considered to be specifically ordered by a court, operate as a stay use of the Federal and non-Federal shares de- contributions by such State, in the case of a of the Secretary’s action. scribed in section 126, by the agency or the project supported under this subtitle. SEC. 129. AUTHORIZATION OF APPROPRIATIONS. Council. (B) STATE CONTRIBUTIONS.—State contribu- (a) FUNDING FOR STATE ALLOTMENTS.—Except (E) NON-FEDERAL SHARE.—The designated tions, including contributions by the designated as described in subsection (b), there are author- State agency, if other than the Council, shall State agency to provide support services to the ized to be appropriated for allotments under sec- provide the required non-Federal share de- Council pursuant to section 125(d)(4), may be tion 122 $76,000,000 for fiscal year 2000 and such scribed in section 126(c). counted as part of such State’s non-Federal sums as may be necessary for each of fiscal (F) ASSURANCES.—The designated State agen- share of the cost of projects supported under years 2001 through 2006. cy shall assist the Council in obtaining the ap- this subtitle. (b) RESERVATION FOR TECHNICAL ASSIST- propriate State plan assurances and in ensuring (3) VARIATIONS OF THE NON-FEDERAL SHARE.— ANCE.— that the plan is consistent with State law. The non-Federal share required of each recipi- (1) LOWER APPROPRIATION YEARS.—For any (G) MEMORANDUM OF UNDERSTANDING.—On ent of a grant from a Council under this subtitle fiscal year for which the amount appropriated the request of the Council, the designated State may vary. under subsection (a) is less than $76,000,000, the

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 6333 E:\CR\FM\A08NO6.110 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14323 Secretary shall reserve funds in accordance with bears to the total amount appropriated under Older Americans Act of 1965 (42 U.S.C. 3001 et section 163(c) to provide technical assistance to section 145 (or a corresponding provision) for seq.), and the Protection and Advocacy for entities funded under this subtitle. such preceding fiscal year. Mentally Ill Individuals Act of 1986 (42 U.S.C. (2) HIGHER APPROPRIATION YEARS.—For any (5) MONITORING THE ADMINISTRATION OF THE 10801 et seq.), and with entities carrying out fiscal year for which the amount appropriated SYSTEM.—In a State in which the system is other related programs, including the parent under subsection (a) is not less than $76,000,000, housed in a State agency, the State may use not training and information centers funded under the Secretary shall reserve not less than $300,000 more than 5 percent of any allotment under this the Individuals with Disabilities Education Act and not more than 1 percent of the amount ap- subsection for the costs of monitoring the ad- (20 U.S.C. 1400 et seq.), and activities authorized propriated under subsection (a) to provide tech- ministration of the system required under sec- under section 101 or 102 of the Assistive Tech- nical assistance to entities funded under this tion 143(a). nology Act of 1998 (29 U.S.C. 3011, 3012); subtitle. (6) TECHNICAL ASSISTANCE AND AMERICAN IN- (E) establish a grievance procedure for clients Subtitle C—Protection and Advocacy of DIAN CONSORTIUM.—In any case in which the or prospective clients of the system to ensure Individual Rights total amount appropriated under section 145 for that individuals with developmental disabilities SEC. 141. PURPOSE. a fiscal year is more than $24,500,000, the Sec- have full access to services of the system; The purpose of this subtitle is to provide for retary shall— (F) not be administered by the State Council allotments to support a protection and advocacy (A) use not more than 2 percent of the amount on Developmental Disabilities; system (referred to in this subtitle as a ‘‘sys- appropriated to provide technical assistance to (G) be independent of any agency that pro- tem’’) in each State to protect the legal and eligible systems with respect to activities carried vides treatment, services, or habilitation to indi- human rights of individuals with developmental out under this subtitle (consistent with requests viduals with developmental disabilities; disabilities in accordance with this subtitle. by such systems for such assistance for the (H) have access at reasonable times to any individual with a developmental disability in a lo- SEC. 142. ALLOTMENTS AND PAYMENTS. year); and cation in which services, supports, and other as- (a) ALLOTMENTS.— (B) provide a grant in accordance with section (1) IN GENERAL.—To assist States in meeting 143(b), and in an amount described in para- sistance are provided to such an individual, in the requirements of section 143(a), the Secretary graph (2)(A)(i), to an American Indian consor- order to carry out the purpose of this subtitle; shall allot to the States the amounts appro- tium to provide protection and advocacy serv- (I) have access to all records of— (i) any individual with a developmental dis- priated under section 145 and not reserved ices. ability who is a client of the system if such indi- under paragraph (6). Allotments and reallot- (b) PAYMENT TO SYSTEMS.—Notwithstanding vidual, or the legal guardian, conservator, or ments of such sums shall be made on the same any other provision of law, the Secretary shall other legal representative of such individual, basis as the allotments and reallotments are pay directly to any system in a State that com- made under subsections (a)(1)(A) and (e) of sec- has authorized the system to have such access; plies with the provisions of this subtitle the (ii) any individual with a developmental dis- tion 122, except as provided in paragraph (2). amount of the allotment made for the State ability, in a situation in which— (2) MINIMUM ALLOTMENTS.—In any case in under this section, unless the system specifies (I) the individual, by reason of such individ- which— otherwise. (A) the total amount appropriated under sec- ual’s mental or physical condition, is unable to (c) UNOBLIGATED FUNDS.—Any amount paid authorize the system to have such access; tion 145 for a fiscal year is not less than to a system under this subtitle for a fiscal year $20,000,000, the allotment under paragraph (1) (II) the individual does not have a legal and remaining unobligated at the end of such guardian, conservator, or other legal representa- for such fiscal year— year shall remain available to such system for (i) to each of American Samoa, Guam, the tive, or the legal guardian of the individual is the next fiscal year, for the purposes for which United States Virgin Islands, and the Common- the State; and such amount was paid. wealth of the Northern Mariana Islands may (III) a complaint has been received by the sys- not be less than $107,000; and SEC. 143. SYSTEM REQUIRED. tem about the individual with regard to the sta- (ii) to any State not described in clause (i) (a) SYSTEM REQUIRED.—In order for a State to tus or treatment of the individual or, as a result may not be less than $200,000; or receive an allotment under subtitle B or this of monitoring or other activities, there is prob- (B) the total amount appropriated under sec- subtitle— able cause to believe that such individual has tion 145 for a fiscal year is less than $20,000,000, (1) the State shall have in effect a system to been subject to abuse or neglect; and the allotment under paragraph (1) for such fis- protect and advocate the rights of individuals (iii) any individual with a developmental dis- cal year— with developmental disabilities; ability, in a situation in which— (i) to each of American Samoa, Guam, the (2) such system shall— (I) the individual has a legal guardian, con- United States Virgin Islands, and the Common- (A) have the authority to— servator, or other legal representative; wealth of the Northern Mariana Islands may (i) pursue legal, administrative, and other ap- (II) a complaint has been received by the sys- not be less than $80,000; and propriate remedies or approaches to ensure the tem about the individual with regard to the sta- (ii) to any State not described in clause (i) protection of, and advocacy for, the rights of tus or treatment of the individual or, as a result may not be less than $150,000. such individuals within the State who are or of monitoring or other activities, there is prob- (3) REDUCTION OF ALLOTMENT.—Notwith- who may be eligible for treatment, services, or able cause to believe that such individual has standing paragraphs (1) and (2), if the aggre- habilitation, or who are being considered for a been subject to abuse or neglect; (III) such representative has been contacted gate of the amounts to be allotted to the States change in living arrangements, with particular by such system, upon receipt of the name and pursuant to such paragraphs for any fiscal year attention to members of ethnic and racial minor- address of such representative; exceeds the total amount appropriated for such ity groups; and (IV) such system has offered assistance to allotments under section 145 for such fiscal year, (ii) provide information on and referral to pro- such representative to resolve the situation; and the amount to be allotted to each State for such grams and services addressing the needs of indi- fiscal year shall be proportionately reduced. (V) such representative has failed or refused viduals with developmental disabilities; (4) INCREASE IN ALLOTMENTS.—In any year in to act on behalf of the individual; (B) have the authority to investigate incidents which the total amount appropriated under sec- (J)(i) have access to the records of individuals tion 145 for a fiscal year exceeds the total of abuse and neglect of individuals with devel- described in subparagraphs (B) and (I), and amount appropriated under such section (or a opmental disabilities if the incidents are re- other records that are relevant to conducting an corresponding provision) for the preceding fiscal ported to the system or if there is probable cause investigation, under the circumstances described year by a percentage greater than the most re- to believe that the incidents occurred; in those subparagraphs, not later than 3 busi- cent percentage change in the Consumer Price (C) on an annual basis, develop, submit to the ness days after the system makes a written re- Index published by the Secretary of Labor under Secretary, and take action with regard to goals quest for the records involved; and section 100(c)(1) of the Rehabilitation Act of (each of which is related to 1 or more areas of (ii) have immediate access, not later than 24 1973 (29 U.S.C. 720(c)(1)) (if the percentage emphasis) and priorities, developed through hours after the system makes such a request, to change indicates an increase), the Secretary data driven strategic planning, for the system’s the records without consent from another party, shall increase each of the minimum allotments activities; in a situation in which services, supports, and described in subparagraphs (A) and (B) of para- (D) on an annual basis, provide to the public, other assistance are provided to an individual graph (2). The Secretary shall increase each including individuals with developmental dis- with a developmental disability— minimum allotment by an amount that bears the abilities attributable to either physical impair- (I) if the system determines there is probable same ratio to the amount of such minimum al- ment, mental impairment, or a combination of cause to believe that the health or safety of the lotment (including any increases in such min- physical and mental impairment, and their rep- individual is in serious and immediate jeopardy; imum allotment under this paragraph (or a cor- resentatives, and as appropriate, non-State or responding provision) for prior fiscal years) as agency representatives of the State Councils on (II) in any case of death of an individual with the amount that is equal to the difference Developmental Disabilities, and Centers, in the a developmental disability; between— State, an opportunity to comment on— (K) hire and maintain sufficient numbers and (A) the total amount appropriated under sec- (i) the goals and priorities established by the types of staff (qualified by training and experi- tion 145 for the fiscal year for which the in- system and the rationale for the establishment ence) to carry out such system’s functions, ex- crease in the minimum allotment is being made; of such goals; and cept that the State involved shall not apply hir- minus (ii) the activities of the system, including the ing freezes, reductions in force, prohibitions on (B) the total amount appropriated under sec- coordination of services with the entities car- travel, or other policies to the staff of the sys- tion 145 (or a corresponding provision) for the rying out advocacy programs under the Reha- tem, to the extent that such policies would im- immediately preceding fiscal year, bilitation Act of 1973 (29 U.S.C. 701 et seq.), the pact the staff or functions of the system funded

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 6333 E:\CR\FM\A08NO6.110 pfrm01 PsN: S08PT1 S14324 CONGRESSIONAL RECORD — SENATE November 8, 1999 with Federal funds or would prevent the system (ii) parents, family members, guardians, advo- cal year 2000 and such sums as may be nec- from carrying out the functions of the system cates, or authorized representatives of individ- essary for each of fiscal years 2001 through 2006. under this subtitle; uals referred to in clause (i); and Subtitle D—National Network of University (L) have the authority to educate policy- (C) the board may include a representative of Centers for Excellence in Developmental makers; and the State Council on Developmental Disabilities, Disabilities Education, Research, and Serv- (M) provide assurances to the Secretary that the Centers in the State, and the self-advocacy ice funds allotted to the State under section 142 will organization described in section SEC. 151. GRANT AUTHORITY. be used to supplement, and not supplant, the 124(c)(4)(A)(ii)(I); (a) NATIONAL NETWORK.—From appropria- 1 non-Federal funds that would otherwise be (2) not more than ⁄3 of the members of the tions authorized under section 156(a)(1), the made available for the purposes for which the governing board may be appointed by the chief Secretary shall make 5-year grants to entities in allotted funds are provided; executive officer of the State involved, in the each State designated as University Centers for (3) to the extent that information is available, case of any State in which such officer has the Excellence in Developmental Disabilities Edu- the State shall provide to the system— authority to appoint members of the board; cation, Research, and Service to carry out ac- (A) a copy of each independent review, pursu- (3) the membership of the governing board tivities described in section 153(a). ant to section 1902(a)(30)(C) of the Social Secu- shall be subject to term limits set by the system (b) NATIONAL TRAINING INITIATIVES.—From rity Act (42 U.S.C. 1396a(a)(30)(C)), of an Inter- to ensure rotating membership; appropriations authorized under section mediate Care Facility (Mental Retardation) (4) any vacancy in the board shall be filled 156(a)(1) and reserved under section 156(a)(2), within the State, not later than 30 days after not later than 60 days after the date on which the Secretary shall make grants to Centers to the availability of such a review; and the vacancy occurs; and carry out activities described in section 153(b). (B) information about the adequacy of health (5) in a State in which the system is organized (c) TECHNICAL ASSISTANCE.—From appropria- care and other services, supports, and assistance as a public system without a multimember gov- tions authorized under section 156(a)(1) and re- that individuals with developmental disabilities erning or advisory board, the system shall estab- served under section 156(a)(3) (or from funds re- who are served through home and community- lish an advisory council— served under section 163, as appropriate), the based waivers (authorized under section 1915(c) (A) that shall advise the system on policies Secretary shall enter into 1 or more cooperative of the Social Security Act (42 U.S.C. 1396n(c))) and priorities to be carried out in protecting and agreements or contracts for the purpose of pro- receive; and advocating the rights of individuals with devel- viding technical assistance described in section (4) the agency implementing the system shall opmental disabilities; and 153(c). (B) on which a majority of the members shall not be redesignated unless— SEC. 152. GRANT AWARDS. be— (A) there is good cause for the redesignation; (a) EXISTING CENTERS.— (i) individuals with developmental disabilities (B) the State has given the agency notice of (1) IN GENERAL.—In awarding and distrib- who are eligible for services, or have received or the intention to make such redesignation, in- uting grant funds under section 151(a) for a fis- are receiving services, through the system; or cluding notice regarding the good cause for such cal year, the Secretary, subject to the avail- (ii) parents, family members, guardians, advo- redesignation, and given the agency an oppor- ability of appropriations and the condition spec- cates, or authorized representatives of individ- tunity to respond to the assertion that good ified in subsection (d), shall award and dis- uals referred to in clause (i). cause has been shown; tribute grant funds in equal amounts of $500,000 (b) LEGAL ACTION.— (adjusted in accordance with subsection (b)), to (C) the State has given timely notice and an (1) IN GENERAL.—Nothing in this title shall each Center that existed during the preceding opportunity for public comment in an accessible preclude a system from bringing a suit on behalf fiscal year and that meets the requirements of format to individuals with developmental dis- of individuals with developmental disabilities this subtitle, prior to making grants under sub- abilities or their representatives; and against a State, or an agency or instrumentality section (c) or (d). (D) the system has an opportunity to appeal of a State. (2) REDUCTION OF AWARD.—Notwithstanding the redesignation to the Secretary, on the basis (2) USE OF AMOUNTS FROM JUDGMENT.—An paragraph (1), if the aggregate of the funds to that the redesignation was not for good cause. amount received pursuant to a suit described in be awarded to the Centers pursuant to para- (b) AMERICAN INDIAN CONSORTIUM.—Upon ap- paragraph (1) through a court judgment may graph (1) for any fiscal year exceeds the total plication to the Secretary, an American Indian only be used by the system to further the pur- amount appropriated under section 156 for such consortium established to provide protection and pose of this subtitle and shall not be used to fiscal year, the amount to be awarded to each advocacy services under this subtitle, shall re- augment payments to legal contractors or to Center for such fiscal year shall be proportion- ceive funding pursuant to section 142(a)(6) to award personal bonuses. ately reduced. provide the services. Such consortium shall be (3) LIMITATION.—The system shall use assist- (b) ADJUSTMENTS.—Subject to the availability considered to be a system for purposes of this ance provided under this subtitle in a manner subtitle and shall coordinate the services with of appropriations, for any fiscal year following consistent with section 5 of the Assisted Suicide a year in which each Center described in sub- other systems serving the same geographic area. Funding Restriction Act of 1997 (42 U.S.C. The tribal council that designates the consor- section (a) received a grant award of not less 14404). than $500,000 under subsection (a) (adjusted in tium shall carry out the responsibilities and ex- (c) DISCLOSURE OF INFORMATION.—For pur- accordance with this subsection), the Secretary ercise the authorities specified for a State in this poses of any periodic audit, report, or evalua- shall adjust the awards to take into account the subtitle, with regard to the consortium. tion required under this subtitle, the Secretary most recent percentage change in the Consumer (c) RECORD.—In this section, the term shall not require an entity carrying out a pro- Price Index published by the Secretary of Labor ‘‘record’’ includes— gram to disclose the identity of, or any other under section 100(c)(1) of the Rehabilitation Act (1) a report prepared or received by any staff personally identifiable information related to, of 1973 (29 U.S.C. 720(c)(1)) (if the percentage at any location at which services, supports, or any individual requesting assistance under such change indicates an increase), prior to making other assistance is provided to individuals with program. grants under subsection (c) or (d). developmental disabilities; (d) PUBLIC NOTICE OF FEDERAL ONSITE RE- (c) NATIONAL TRAINING INITIATIVES ON CRIT- (2) a report prepared by an agency or staff VIEW.—The Secretary shall provide advance ICAL AND EMERGING NEEDS.—Subject to the person charged with investigating reports of in- public notice of any Federal programmatic or availability of appropriations, for any fiscal cidents of abuse or neglect, injury, or death oc- administrative onsite review of a system con- year in which each Center described in sub- curring at such location, that describes such inducted under this subtitle and solicit public section (a) receives a grant award of not less cidents and the steps taken to investigate such comment on the system through such notice. than $500,000, under subsection (a) (adjusted in incidents; and The Secretary shall prepare an onsite visit re- accordance with subsection (b)), after making (3) a discharge planning record. port containing the results of such review, the grant awards, the Secretary shall make SEC. 144. ADMINISTRATION. which shall be distributed to the Governor of the grants under section 151(b) to Centers to pay for (a) GOVERNING BOARD.—In a State in which State and to other interested public and private the Federal share of the cost of training initia- the system described in section 143 is organized parties. The comments received in response to tives related to the unmet needs of individuals as a private nonprofit entity with a multi- the public comment solicitation notice shall be with developmental disabilities and their fami- member governing board, or a public system included in the onsite visit report. lies, as described in section 153(b). with a multimember governing board, such gov- (e) REPORTS.—Beginning in fiscal year 2001, (d) ADDITIONAL GRANTS.—For any fiscal year erning board shall be selected according to the each system established in a State pursuant to in which each Center described in subsection (a) policies and procedures of the system, except this subtitle shall annually prepare and trans- receives a grant award of not less than $500,000 that— mit to the Secretary a report that describes the under subsection (a) (adjusted in accordance (1)(A) the governing board shall be composed activities, accomplishments, and expenditures of with subsection (b)), after making the grant of members who broadly represent or are knowl- the system during the preceding fiscal year, in- awards, the Secretary may make grants under edgeable about the needs of the individuals cluding a description of the system’s goals, the section 151(a) for activities described in section served by the system; extent to which the goals were achieved, bar- 153(a) to additional Centers, or additional (B) a majority of the members of the board riers to their achievement, the process used to grants to Centers, for States or populations that shall be— obtain public input, the nature of such input, are unserved or underserved by Centers due to (i) individuals with disabilities, including in- and how such input was used. such factors as— dividuals with developmental disabilities, who SEC. 145. AUTHORIZATION OF APPROPRIATIONS. (1) population; are eligible for services, or have received or are For allotments under section 142, there are (2) a high concentration of rural or urban receiving services through the system; or authorized to be appropriated $32,000,000 for fis- areas; or

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 6333 E:\CR\FM\A08NO6.110 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14325 (3) a high concentration of unserved or under- (1) assist in national and international dis- (II) family members of individuals with devel- served populations. semination of specific information from multiple opmental disabilities; SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES. Centers and, in appropriate cases, other entities (III) a representative of the State protection and advocacy system; (a) NATIONAL NETWORK OF UNIVERSITY CEN- whose work affects the lives of individuals with (IV) a representative of the State Council on TERS FOR EXCELLENCE IN DEVELOPMENTAL DIS- developmental disabilities; Developmental Disabilities; ABILITIES EDUCATION, RESEARCH, AND SERV- (2) compile, analyze, and disseminate state-of- the-art training, research, and demonstration (V) a representative of a self-advocacy organi- ICE.— zation described in section 124(c)(4)(A)(ii)(I); (1) IN GENERAL.—In order to provide leader- results policies, and practices from multiple Cen- ters and, in appropriate cases, other entities and ship in, advise Federal, State, and community (VI) representatives of organizations that may whose work affects the lives of persons with de- policymakers about, and promote opportunities include parent training and information centers velopmental disabilities; for individuals with developmental disabilities assisted under section 682 or 683 of the Individ- (3) convene experts from multiple Centers to to exercise self-determination, be independent, uals with Disabilities Education Act (20 U.S.C. discuss and make recommendations with regard be productive, and be integrated and included 1482, 1483), entities carrying out activities au- to national emerging needs of individuals with in all facets of community life, the Secretary thorized under section 101 or 102 of the Assistive developmental disabilities; shall award grants to eligible entities designated Technology Act of 1998 (29 U.S.C. 3011, 3012), (4)(A) develop portals that link users with as Centers in each State to pay for the Federal relevant State agencies, and other community every Center’s website; and share of the cost of the administration and oper- groups concerned with the welfare of individ- ation of the Centers. The Centers shall be inter- (B) facilitate electronic information sharing uals with developmental disabilities and their disciplinary education, research, and public using state-of-the-art Internet technologies such families; service units of universities (as defined by the as real-time online discussions, multipoint video (iii) that reflects the racial and ethnic diver- Secretary) or public or not-for-profit entities as- conferencing, and web-based audio/video broad- sity of the State; and sociated with universities that engage in core casts, on emerging topics that impact individ- (iv) that shall— functions, described in paragraph (2), address- uals with disabilities and their families; (I) consult with the Director of the Center re- ing, directly or indirectly, 1 or more of the areas (5) serve as a research-based resource for Fed- garding the development of the 5-year plan, and of emphasis. eral and State policymakers on information con- shall participate in an annual review of, and (2) CORE FUNCTIONS.—The core functions re- cerning and issues impacting individuals with comment on, the progress of the Center in meet- ferred to in paragraph (1) shall include the fol- developmental disabilities and entities that as- ing the projected goals contained in the plan, lowing: sist or serve those individuals; or and shall make recommendations to the Director (A) Provision of interdisciplinary pre-service (6) undertake any other functions that the of the Center regarding any proposed revisions preparation and continuing education of stu- Secretary determines to be appropriate; of the plan that might be necessary; and dents and fellows, which may include the prepa- to promote the viability and use of the resources (II) meet as often as necessary to carry out ration and continuing education of leadership, and expertise of the Centers nationally and the role of the committee, but at a minimum direct service, clinical, or other personnel to internationally. twice during each grant year; (F) to the extent possible, utilize the infra- strengthen and increase the capacity of States SEC. 154. APPLICATIONS. structure and resources obtained through funds and communities to achieve the purpose of this (a) APPLICATIONS FOR CORE CENTER made available under the grant to leverage ad- title. GRANTS.— ditional public and private funds to successfully (B) Provision of community services— (1) IN GENERAL.—To be eligible to receive a achieve the projected goals developed in the 5- (i) that provide training or technical assist- grant under section 151(a) for a Center, an enti- year plan; ance for individuals with developmental disabil- ty shall submit to the Secretary, and obtain ap- (G)(i) have a director with appropriate aca- ities, their families, professionals, paraprofes- proval of, an application at such time, in such demic credentials, demonstrated leadership, ex- sionals, policymakers, students, and other mem- manner, and containing such information, as pertise regarding developmental disabilities, sig- bers of the community; and the Secretary may require. nificant experience in managing grants and (ii) that may provide services, supports, and (2) APPLICATION CONTENTS.—Each application contracts, and the ability to leverage public and assistance for the persons described in clause (i) described in paragraph (1) shall describe a 5- private funds; and through demonstration and model activities. year plan, including a projected goal related to (ii) allocate adequate staff time to carry out (C) Conduct of research, which may include 1 or more areas of emphasis for each of the core activities related to each of the core functions basic or applied research, evaluation, and the functions described in section 153(a). described in section 153(a); and analysis of public policy in areas that affect or (3) ASSURANCES.—The application shall be ap- (H) educate, and disseminate information re- could affect, either positively or negatively, in- proved by the Secretary only if the application lated to the purpose of this title to, the legisla- dividuals with developmental disabilities and contains or is supported by reasonable assur- ture of the State in which the Center is located, their families. ances that the entity designated as the Center and to Members of Congress from such State. (D) Dissemination of information related to will— (b) SUPPLEMENTAL GRANT APPLICATIONS PER- activities undertaken to address the purpose of (A) meet regulatory standards as established TAINING TO NATIONAL TRAINING INITIATIVES IN this title, especially dissemination of informa- by the Secretary for Centers; CRITICAL AND EMERGING NEEDS.—To be eligible tion that demonstrates that the network author- (B) address the projected goals, and carry out to receive a supplemental grant under section ized under this subtitle is a national and inter- goal-related activities, based on data driven 151(b), a Center may submit a supplemental ap- national resource that includes specific sub- strategic planning and in a manner consistent plication to the Secretary at such time, in such stantive areas of expertise that may be accessed with the objectives of this subtitle, that— manner, and containing such information as the and applied in diverse settings and cir- (i) are developed in collaboration with the Secretary may require, pursuant to the terms cumstances. consumer advisory committee established pursu- and conditions set by the Secretary consistent (b) NATIONAL TRAINING INITIATIVES ON CRIT- ant to subparagraph (E); with section 153(b). ICAL AND EMERGING NEEDS.— (ii) are consistent with, and to the extent fea- (c) PEER REVIEW.— N GENERAL (1) SUPPLEMENTAL GRANTS.—After consulta- sible complement and further, the Council goals (1) I .—The Secretary shall require tion with relevant, informed sources, including contained in the State plan submitted under sec- that all applications submitted under this sub- individuals with developmental disabilities and tion 124 and the system goals established under title be subject to technical and qualitative re- their families, the Secretary shall award, under section 143; and view by peer review groups established under section 151(b), supplemental grants to Centers to (iii) will be reviewed and revised annually as paragraph (2). The Secretary may approve an pay for the Federal share of the cost of training necessary to address emerging trends and needs; application under this subtitle only if such application has been recommended by a peer re- initiatives related to the unmet needs of individ- (C) use the funds made available through the view group that has conducted the peer review uals with developmental disabilities and their grant to supplement, and not supplant, the required under this paragraph. In conducting families. The Secretary shall make the grants on funds that would otherwise be made available the review, the group may conduct onsite visits a competitive basis, and for periods of not more for activities described in section 153(a); or inspections of related activities as necessary. than 5 years. (D) protect, consistent with the policy speci- (2) ESTABLISHMENT OF PEER REVIEW GROUPS.— (2) ESTABLISHMENT OF CONSULTATION PROCESS fied in section 101(c) (relating to rights of indi- (A) IN GENERAL.—The Secretary, acting BY THE SECRETARY.—Not later than 1 year after viduals with developmental disabilities), the through the Commissioner of the Administration the date of enactment of this Act, the Secretary legal and human rights of all individuals with on Developmental Disabilities, may, shall establish a consultation process that, on developmental disabilities (especially those indi- notwithstanding— an ongoing basis, allows the Secretary to iden- viduals under State guardianship) who are in- (i) the provisions of title 5, United States tify and address, through supplemental grants volved in activities carried out under programs Code, concerning appointments to the competi- authorized under paragraph (1), training initia- assisted under this subtitle; tive service; and tives related to the unmet needs of individuals (E) establish a consumer advisory committee— (ii) the provisions of chapter 51, and sub- with developmental disabilities and their fami- (i) of which a majority of the members shall be chapter III of chapter 53 of title 5, United States lies. individuals with developmental disabilities and Code, concerning classification and General (c) TECHNICAL ASSISTANCE.—In order to family members of such individuals; Schedule pay rates; strengthen and support the national network of (ii) that is comprised of— establish such peer review groups and appoint Centers, the Secretary may enter into 1 or more (I) individuals with developmental disabilities and set the rates of pay of members of such cooperative agreements or contracts to— and related disabilities; groups.

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(B) COMPOSITION.—Each peer review group and not more than 2 percent of the amount ap- (xi) initiatives that address the challenging shall include such individuals with disabilities propriated under paragraph (1) to fund tech- behaviors of individuals with developmental dis- and parents, guardians, or advocates of or for nical assistance activities under section 153(c) abilities, including initiatives that promote posi- individuals with developmental disabilities, as (other than section 153(c)(4)). tive alternatives to the use of restraints and se- are necessary to carry out this subsection. (C) COVERED YEAR.—In this paragraph, the clusion; and (3) WAIVERS OF APPROVAL.—The Secretary term ‘‘covered year’’ means a fiscal year prior to (xii) initiatives that address other areas of may waive the provisions of paragraph (1) with the first fiscal year for which the amount appro- emerging need. respect to review and approval of an application priated under paragraph (1) is not less than SEC. 162. GRANT AUTHORITY. if the Secretary determines that exceptional cir- $20,000,000. (a) IN GENERAL.—The Secretary shall award cumstances warrant such a waiver. (b) LIMITATION.—The Secretary may not use, grants, contracts, or cooperative agreements to (d) FEDERAL SHARE.— for peer review or other activities directly republic or private nonprofit entities for projects (1) IN GENERAL.—The Federal share of the cost lated to peer review conducted under this of national significance relating to individuals of administration or operation of a Center, or subtitle— with developmental disabilities to carry out ac- the cost of carrying out a training initiative, (1) for fiscal year 2000, more than $300,000 of tivities described in section 161(2). supported by a grant made under this subtitle the funds made available under subsection (a); (b) FEDERAL INTERAGENCY INITIATIVES.— may not be more than 75 percent of the nec- and (1) IN GENERAL.— essary cost of such project, as determined by the (2) for any succeeding fiscal year, more than (A) AUTHORITY.—The Secretary may— Secretary. the amount of funds used for the peer review (i) enter into agreements with Federal agen- (2) URBAN OR RURAL POVERTY AREAS.—In the and related activities in fiscal year 2000, ad- cies to jointly carry out activities described in case of a project whose activities or products justed to take into account the most recent per- section 161(2) or to jointly carry out activities of target individuals with developmental disabil- centage change in the Consumer Price Index common interest related to the objectives of such ities who live in an urban or rural poverty area, published by the Secretary of Labor under sec- section; and as determined by the Secretary, the Federal tion 100(c)(1) of the Rehabilitation Act of 1973 (ii) transfer to such agencies for such pur- share of the cost of the project may not be more (29 U.S.C. 720(c)(1)) (if the percentage change poses funds appropriated under this subtitle, than 90 percent of the necessary costs of the indicates an increase). and receive and use funds from such agencies project, as determined by the Secretary. Subtitle E—Projects of National Significance for such purposes. (3) GRANT EXPENDITURES.—For the purpose of SEC. 161. PURPOSE. (B) RELATION TO PROGRAM PURPOSES.—Funds determining the Federal share with respect to The purpose of this subtitle is to provide transferred or received pursuant to this para- the project, expenditures on that project by a grants, contracts, or cooperative agreements for graph shall be used only in accordance with political subdivision of a State or by a public or projects of national significance that— statutes authorizing the appropriation of such private entity shall, subject to such limitations (1) create opportunities for individuals with funds. Such funds shall be made available and conditions as the Secretary may by regula- developmental disabilities to directly and fully through grants, contracts, or cooperative agree- tion prescribe under section 104(b), be consid- contribute to, and participate in, all facets of ments only to recipients eligible to receive such ered to be expenditures made by a Center under community life; and funds under such statutes. this subtitle. (2) support the development of national and (C) PROCEDURES AND CRITERIA.—If the Sec- (e) ANNUAL REPORT.—Each Center shall an- State policies that reinforce and promote, with retary enters into an agreement under this sub- nually prepare and transmit to the Secretary a the support of families, guardians, advocates, section for the administration of a jointly fund- report containing— and communities, of individuals with developed project— (1) information on progress made in achieving mental disabilities, the self-determination, inde- (i) the agreement shall specify which agency’s the projected goals of the Center for the pre- pendence, productivity, and integration and in- procedures shall be used to award grants, con- vious year, including— clusion in all facets of community life of such tracts, or cooperative agreements and to admin- (A) the extent to which the goals were individuals through— ister such awards; achieved; (A) family support activities; (ii) the participating agencies may develop a (B) a description of the strategies that con- (B) data collection and analysis; single set of criteria for the jointly funded tributed to achieving the goals; (C) technical assistance to entities funded project, and may require applicants to submit a (C) to the extent to which the goals were not under subtitles B and D, subject to the limita- single application for joint review by such agen- achieved, a description of factors that impeded tions described in sections 129(b), 156(a)(3), and cies; and the achievement; and 163(c); and (iii) unless the heads of the participating (D) an accounting of the manner in which (D) other projects of sufficient size and scope agencies develop joint eligibility requirements, funds paid to the Center under this subtitle for that hold promise to expand or improve opportu- an applicant for an award for the project shall a fiscal year were expended; nities for such individuals, including— meet the eligibility requirements of each pro- (2) information on proposed revisions to the (i) projects that provide technical assistance gram involved. goals; and for the development of information and referral (2) LIMITATION.—The Secretary may not con- (3) a description of successful efforts to lever- systems; strue the provisions of this subsection to take age funds, other than funds made available (ii) projects that provide technical assistance precedence over a limitation on joint funding under this subtitle, to pursue goals consistent to self-advocacy organizations of individuals contained in an applicable statute. with this subtitle. with developmental disabilities; SEC. 163. AUTHORIZATION OF APPROPRIATIONS. SEC. 155. DEFINITION. (iii) projects that provide education for policy- (a) IN GENERAL.—There are authorized to be In this subtitle, the term ‘‘State’’ means each makers; appropriated to carry out the projects specified of the several States of the United States, the (iv) Federal interagency initiatives; in this section $16,000,000 for fiscal year 2000, District of Columbia, the Commonwealth of (v) projects that enhance the participation of and such sums as may be necessary for each of Puerto Rico, the United States Virgin Islands, racial and ethnic minorities in public and pri- fiscal years 2001 through 2006. and Guam. vate sector initiatives in developmental disabil- (b) USE OF FUNDS.— SEC. 156. AUTHORIZATION OF APPROPRIATIONS. ities; (1) GRANTS, CONTRACTS, AND AGREEMENTS.— (a) AUTHORIZATION AND RESERVATIONS.— (vi) projects that provide aid to transition Except as provided in paragraph (2), the (1) AUTHORIZATION.—There are authorized to youth with developmental disabilities from amount appropriated under subsection (a) for be appropriated to carry out this subtitle (other school to adult life, especially in finding em- each fiscal year shall be used to award grants, than section 153(c)(4)) $30,000,000 for fiscal year ployment and postsecondary education opportu- or enter into contracts, cooperative agreements, 2000 and such sums as may be necessary for nities and in upgrading and changing any as- or other agreements, under section 162. each of fiscal years 2001 through 2006. sistive technology devices that may be needed as (2) ADMINISTRATIVE COSTS.—Not more than 1 (2) RESERVATION FOR TRAINING INITIATIVES.— a youth matures; percent of the amount appropriated under sub- From any amount appropriated for a fiscal year (vii) initiatives that address the development section (a) for each fiscal year may be used to under paragraph (1) and remaining after each of community quality assurance systems and the provide for the administrative costs (other than Center described in section 152(a) has received a training related to the development, implemen- compensation of Federal employees) of the Ad- grant award of not less than $500,000, as de- tation, and evaluation of such systems, includ- ministration on Developmental Disabilities for scribed in section 152, the Secretary shall reserve ing training of individuals with developmental administering this subtitle and subtitles B, C, funds for the training initiatives authorized disabilities and their families; and D, including monitoring the performance of under section 153(b). (viii) initiatives that address the needs of and providing technical assistance to, entities (3) RESERVATION FOR TECHNICAL ASSISTANCE.— aging individuals with developmental disabil- that receive funds under this title. (A) YEARS BEFORE APPROPRIATION TRIGGER.— ities and aging caregivers of adults with devel- (c) TECHNICAL ASSISTANCE FOR COUNCILS AND For any covered year, the Secretary shall re- opmental disabilities in the community; CENTERS.— serve funds in accordance with section 163(c) to (ix) initiatives that create greater access to (1) IN GENERAL.—For each covered year, the fund technical assistance activities under sec- and use of generic services systems, community Secretary shall expend, to provide technical as- tion 153(c) (other than section 153(c)(4)). organizations, and associations, and initiatives sistance for entities funded under subtitle B or (B) YEARS AFTER APPROPRIATION TRIGGER.— that assist in community economic development; D, an amount from funds appropriated under For any fiscal year that is not a covered year, (x) initiatives that create access to increased subsection (a) that is not less than the amount the Secretary shall reserve not less than $300,000 living options; the Secretary expended on technical assistance

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for entities funded under that subtitle (or a cor- support services, for families with children with (b) SPECIAL RULE.—References in this title to responding provision) in the previous fiscal disabilities, that are family-centered and family- a child with a disability shall be considered to year. directed, and that provide families with the include references to an individual who is not (2) COVERED YEAR.—In this subsection, the greatest possible decisionmaking authority and younger than age 18 who— term ‘‘covered year’’ means— control regarding the nature and use of services (1) has a significant impairment described in (A) in the case of an expenditure for entities and support; subsection (a)(1)(A); and funded under subtitle B, a fiscal year for which (2) to promote leadership by families in plan- (2) is residing with and receiving assistance the amount appropriated under section 129(a) is ning, policy development, implementation, and from a family member. less than $76,000,000; and evaluation of family support services for families SEC. 204. GRANTS TO STATES. (B) in the case of an expenditure for entities of children with disabilities; (a) IN GENERAL.—The Secretary shall make funded under subtitle D, a fiscal year prior to (3) to promote and develop interagency coordi- grants to States on a competitive basis, in ac- the first fiscal year for which the amount appro- nation and collaboration between agencies re- cordance with the provisions of this title, to sup- priated under section 156(a)(1) is not less than sponsible for providing the services; and port systems change activities designed to assist $20,000,000. (4) to increase the availability of, funding for, States to develop and implement, or expand and (3) REFERENCES.—References in this sub- access to, and provision of family support serv- enhance, a statewide system of family support section to subtitle D shall not be considered to ices for families of children with disabilities. services for families of children with disabilities include section 153(c)(4). (c) POLICY.—It is the policy of the United that accomplishes the purposes of this title. (d) TECHNICAL ASSISTANCE ON ELECTRONIC IN- States that all programs, projects, and activities (b) AWARD PERIOD AND GRANT LIMITATION.— FORMATION SHARING.—In addition to any funds funded under this title shall be family-centered No grant shall be awarded under this section for reserved under subsection (c), the Secretary and family-directed, and shall be provided in a a period of more than 3 years. No State shall be shall reserve $100,000 from the amount appro- manner consistent with the goal of providing eligible for more than 1 grant under this section. priated under subsection (a) for each fiscal year families of children with disabilities with the (c) AMOUNT OF GRANTS.— to carry out section 153(c)(4). support the families need to raise their children (1) GRANTS TO STATES.— (e) LIMITATION.—For any fiscal year for at home. (A) FEDERAL MATCHING SHARE.—From which the amount appropriated under sub- SEC. 203. DEFINITIONS AND SPECIAL RULE. amounts appropriated under section 212(a), the section (a) is not less than $10,000,000, not more (a) DEFINITIONS.—In this title: Secretary shall pay to each State that has an than 50 percent of such amount shall be used for (1) CHILD WITH A DISABILITY.—The term application approved under section 205, for each activities carried out under section 161(2)(A). ‘‘child with a disability’’ means an individual year of the grant period, an amount that is— TITLE II—FAMILY SUPPORT who— (i) equal to not more than 75 percent of the SEC. 201. SHORT TITLE. (A) has a significant physical or mental im- cost of the systems change activities to be car- This title may be cited as the ‘‘Families of pairment, as defined pursuant to State policy to ried out by the State; and Children With Disabilities Support Act of 1999’’. the extent that such policy is established with- (ii) not less than $100,000 and not more than SEC. 202. FINDINGS, PURPOSES, AND POLICY. out regard to type of disability; or $500,000. (a) FINDINGS.—Congress makes the following (B) is an infant or a young child from birth (B) NON-FEDERAL SHARE.—The non-Federal findings: through age 8 and has a substantial develop- share of the cost of the systems change activities (1) It is in the best interest of our Nation to mental delay or specific congenital or acquired may be in cash or in kind, fairly evaluated, in- preserve, strengthen, and maintain the family. condition that presents a high probability of re- cluding plant, equipment, or services. (2) Families of children with disabilities pro- sulting in a disability if services are not pro- (2) CALCULATION OF AMOUNTS.—The Secretary vide support, care, and training to their chil- vided to the infant or child. shall calculate a grant amount described in dren that can save States millions of dollars. (2) FAMILY.— paragraph (1) on the basis of— Without the efforts of family caregivers, many (A) IN GENERAL.—Subject to subparagraph (A) the amounts available for making grants persons with disabilities would receive care (B), for purposes of the application of this title under this section; and through State-supported out-of-home place- in a State, the term ‘‘family’’ has the meaning (B) the child population of the State con- ments. given the term by the State. cerned. (3) Most families of children with disabilities, (B) EXCLUSION OF EMPLOYEES.—The term does (d) PRIORITY FOR PREVIOUSLY PARTICIPATING especially families in unserved and underserved not include an employee who, acting in a paid STATES.—For the second and third fiscal years populations, do not have access to family-cen- employment capacity, provides services to a for which amounts are appropriated to carry tered and family-directed services to support child with a disability in an out-of-home setting out this section, the Secretary, in providing pay- such families in their efforts to care for such such as a hospital, nursing home, personal care ments under this section, shall give priority to children at home. home, board and care home, group home, or States that received payments under this section (4) Medical advances and improved health other facility. during the preceding fiscal year. care have increased the life span of many people (3) FAMILY SUPPORT FOR FAMILIES OF CHIL- (e) PRIORITIES FOR DISTRIBUTION.—To the ex- with disabilities, and the combination of the DREN WITH DISABILITIES.—The term ‘‘family sup- tent practicable, the Secretary shall award longer life spans and the aging of family care- port for families of children with disabilities’’ grants to States under this section in a manner givers places a continually increasing demand means supports, resources, services, and other that— on the finite service delivery systems of the assistance provided to families of children with (1) is geographically equitable; States. disabilities pursuant to State policy that are de- (2) distributes the grants among States that (5) In 1996, 49 States provided family support signed to— have differing levels of development of statewide initiatives in response to the needs of families of (A) support families in the efforts of such fam- systems of family support services for families of children with disabilities. Such initiatives in- ilies to raise their children with disabilities in children with disabilities; and cluded the provision of cash subsidies, respite the home; (3) distributes the grants among States that care, and other forms of support. There is a (B) strengthen the role of the family as pri- attempt to meet the needs of unserved and un- need in each State, however, to strengthen, ex- mary caregiver for such children; derserved populations, such as individuals from pand, and coordinate the activities of a system (C) prevent involuntary out-of-the-home racial and ethnic minority backgrounds, dis- of family support services for families of chil- placement of such children and maintain family advantaged individuals, individuals with lim- dren with disabilities that is easily accessible, unity; and ited English proficiency, and individuals from avoids duplication, uses resources efficiently, (D) reunite families with children with dis- underserved geographic areas (rural or urban). abilities who have been placed out of the home, and prevents gaps in services to families in all SEC. 205. APPLICATION. whenever possible. areas of the State. To be eligible to receive a grant under this (6) The goals of the Nation properly include (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services. title, a State shall submit an application to the the goal of providing to families of children with Secretary at such time, in such manner, and disabilities the family support services (5) STATE.—The term ‘‘State’’ means each of the 50 States of the United States, the District of containing such information and assurances as necessary— the Secretary may require, including informa- (A) to support the family; Columbia, the Commonwealth of Puerto Rico, tion about the designation of a lead entity, a de- (B) to enable families of children with disabil- the United States Virgin Islands, Guam, Amer- scription of available State resources, and assur- ities to nurture and enjoy their children at ican Samoa, and the Commonwealth of the ances that systems change activities will be fam- home; Northern Mariana Islands. (C) to enable families of children with disabil- (6) SYSTEMS CHANGE ACTIVITIES.—The term ily-centered and family-directed. ities to make informed choices and decisions re- ‘‘systems change activities’’ means efforts that SEC. 206. DESIGNATION OF THE LEAD ENTITY. garding the nature of supports, resources, serv- result in laws, regulations, policies, practices, or (a) DESIGNATION.—The Chief Executive Offi- ices, and other assistance made available to organizational structures— cer of a State that desires to receive a grant such families; and (A) that are family-centered and family-di- under section 204, shall designate the office or (D) to support family caregivers of adults with rected; entity (referred to in this title as the ‘‘lead enti- disabilities. (B) that facilitate and increase access to, pro- ty’’) responsible for— (b) PURPOSES.—The purposes of this title vision of, and funding for, family support serv- (1) submitting the application described in sec- are— ices for families of children with disabilities; and tion 205 on behalf of the State; (1) to promote and strengthen the implementa- (C) that otherwise accomplish the purposes of (2) administering and supervising the use of tion of comprehensive State systems of family this title. the amounts made available under the grant;

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(3) coordinating efforts related to and super- (b) PURPOSE.— (A) the small population of individuals who vising the preparation of the application; (1) IN GENERAL.—The Secretary shall conduct are age 18 through 25, an age group that has (4) coordinating the planning, development, the evaluation under subsection (a) to assess the been attracted to direct support work in the implementation (or expansion and enhance- status and effects of State efforts to develop and past; ment), and evaluation of a statewide system of implement, or expand and enhance, statewide (B) the rapid expansion of the service sector, family support services for families of children systems of family support services for families of which attracts individuals who previously with disabilities among public agencies and be- children with disabilities in a manner consistent would have elected to pursue employment as di- tween public agencies and private agencies, in- with the provisions of this title. In particular, rect support workers; cluding coordinating efforts related to entering the Secretary shall assess the impact of such ef- (C) the failure of wages in the human services into interagency agreements; forts on families of children with disabilities, sector to keep pace with wages in other service (5) coordinating efforts related to the partici- and recommend amendments to this title that sectors; and pation by families of children with disabilities in are necessary to assist States to accomplish fully (D) the lack of quality training and career ad- activities carried out under a grant made under the purposes of this title. vancement opportunities available to direct sup- this title; and (2) INFORMATION SYSTEMS.—The Secretary port workers; and (6) submitting the report described in section shall work with the States to develop an infor- (3) individuals with developmental disabilities 208 on behalf of the State. mation system designed to compile and report, benefit from assistance from direct support (b) QUALIFICATIONS.—In designating the lead from information provided by the States, quali- workers who are well trained, and benefit from entity, the Chief Executive Officer may tative and quantitative descriptions of the im- receiving services from professionals who have designate— pact of the program of grants to States author- spent time as direct support workers. (1) an office of the Chief Executive Officer; ized by this title on— SEC. 302. DEFINITIONS. (A) families of children with disabilities, in- (2) a commission appointed by the Chief Exec- In this title: cluding families from unserved and underserved utive Officer; (1) DEVELOPMENTAL DISABILITY.—The term (3) a public agency; populations; ‘‘developmental disability’’ has the meaning (B) access to and funding for family support (4) a council established under Federal or given the term in section 102. State law; or services for families of children with disabilities; (C) interagency coordination and collabora- (2) INSTITUTION OF HIGHER EDUCATION.—The (5) another appropriate office, agency, or enti- term ‘‘institution of higher education’’ has the ty. tion between agencies responsible for providing the services; and meaning given the term in section 1201 of the SEC. 207. AUTHORIZED ACTIVITIES. (D) the involvement of families of children Higher Education Act of 1965 (20 U.S.C. 1141). (a) IN GENERAL.—A State that receives a grant with disabilities at all levels of the statewide (3) SECRETARY.—The term ‘‘Secretary’’ means under section 204 shall use the funds made systems. the Secretary of Health and Human Services. available through the grant to carry out systems (c) REPORT TO CONGRESS.—Not later than 21⁄2 SEC. 303. REACHING UP SCHOLARSHIP PROGRAM. change activities that accomplish the purposes years after the date of enactment of this Act, (a) PROGRAM AUTHORIZATION.—The Secretary of this title. the Secretary shall prepare and submit to the may award grants to eligible entities, on a com- (b) SPECIAL RULE.—In carrying out activities appropriate committees of Congress a report petitive basis, to enable the entities to carry out authorized under this title, a State shall ensure concerning the results of the evaluation con- scholarship programs by providing vouchers for that such activities address the needs of families ducted under this section. postsecondary education to direct support work- of children with disabilities from unserved or SEC. 211. PROJECTS OF NATIONAL SIGNIFI- ers who assist individuals with developmental underserved populations. CANCE. disabilities residing in diverse settings. The Sec- SEC. 208. REPORTING. (a) STUDY BY THE SECRETARY.—The Secretary retary shall award the grants to pay for the A State that receives a grant under this title shall review Federal programs to determine the Federal share of the cost of providing the shall prepare and submit to the Secretary, at the extent to which such programs facilitate or im- vouchers. end of the grant period, a report containing the pede access to, provision of, and funding for (b) ELIGIBLE ENTITY.—To be eligible to receive results of State efforts to develop and imple- family support services for families of children a grant under this section, an entity shall be— ment, or expand and enhance, a statewide sys- with disabilities, consistent with the policies de- (1) an institution of higher education; tem of family support services for families of scribed in section 202. (2) a State agency; or children with disabilities. (b) PROJECTS OF NATIONAL SIGNIFICANCE.— (3) a consortium of such institutions or agen- The Secretary shall make grants or enter into SEC. 209. TECHNICAL ASSISTANCE. cies. contracts for projects of national significance to (c) APPLICATION REQUIREMENTS.—To be eligi- (a) IN GENERAL.—The Secretary shall enter support the development of national and State ble to receive a grant under this section, an eli- into contracts or cooperative agreements with policies and practices related to the development gible entity shall submit to the Secretary an ap- appropriate public or private agencies and orga- and implementation, or expansion and enhance- plication at such time, in such manner, and nizations, including institutions of higher edu- ment, of family-centered and family-directed containing such information as the Secretary cation, with documented experience, expertise, systems of family support services for families of may require, including a description of— and capacity, for the purpose of providing tech- children with disabilities. (1) the basis for awarding the vouchers; nical assistance and information with respect to SEC. 212. AUTHORIZATION OF APPROPRIATIONS. (2) the number of individuals to receive the the development and implementation, or expan- (a) IN GENERAL.—There are authorized to be vouchers; and sion and enhancement, of a statewide system of appropriated to carry out this title such sums as (3) the amount of funds that will be made family support services for families of children may be necessary for each of fiscal years 2000 available by the eligible entity to pay for the with disabilities. through 2006. non-Federal share of the cost of providing the (b) PURPOSE.—An agency or organization that (b) RESERVATION.— vouchers. provides technical assistance and information (1) IN GENERAL.—The Secretary shall reserve (d) SELECTION CRITERIA.—In awarding a under this section in a State that receives a for each fiscal year 10 percent, or $400,000 grant under this section for a scholarship pro- grant under this title shall provide the technical (whichever is greater), of the amount appro- gram, the Secretary shall give priority to an en- assistance and information to the lead entity of priated pursuant to subsection (a) to carry out— tity submitting an application that— the State, family members of children with dis- (A) section 209 (relating to the provision of (1) specifies that individuals who receive abilities, organizations, service providers, and technical assistance and information to States); vouchers through the program will be policymakers involved with children with dis- and individuals— abilities and their families. Such an agency or (B) section 210 (relating to the conduct of (A) who are direct support workers who assist organization may also provide technical assist- evaluations). individuals with developmental disabilities re- ance and information to a State that does not (2) SPECIAL RULE.—For each year that the siding in diverse settings, while pursuing post- receive a grant under this title. amount appropriated pursuant to subsection (a) secondary education; and (c) REPORTS TO THE SECRETARY.—An entity is $10,000,000 or greater, the Secretary may re- (B) each of whom verifies, prior to receiving providing technical assistance and information serve 5 percent of such amount to carry out sec- the voucher, that the worker has completed 250 under this section shall prepare and submit to tion 211. hours as a direct support worker in the past 90 the Secretary periodic reports regarding Federal TITLE III—PROGRAM FOR DIRECT SUP- days; policies and procedures identified within the PORT WORKERS WHO ASSIST INDIVID- (2) states that the vouchers that will be pro- States that facilitate or impede the delivery of UALS WITH DEVELOPMENTAL DISABIL- vided through the program will be in amounts of family support services to families of children ITIES not more than $2,000 per year; with disabilities. The report shall include rec- SEC. 301. FINDINGS. (3) provides an assurance that the eligible en- ommendations to the Secretary regarding the de- Congress finds that— tity (or another specified entity that is not a livery of services, coordination with other pro- (1) direct support workers, especially young voucher recipient) will contribute the non-Fed- grams, and integration of the policies described adults, have played essential roles in providing eral share of the cost of providing the vouchers; in section 202 in Federal law, other than this the support needed by individuals with develop- and title. mental disabilities and expanding community (4) meets such other conditions as the Sec- SEC. 210. EVALUATION. options for those individuals; retary may specify. (a) IN GENERAL.—The Secretary shall conduct (2) 4 factors have contributed to a decrease in (e) FEDERAL SHARE.—The Federal share of the a national evaluation of the program of grants the available pool of direct support workers, cost of providing the vouchers shall be not more to States authorized by this title. specifically— than 80 percent.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00098 Fmt 0624 Sfmt 6333 E:\CR\FM\A08NO6.111 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14329 SEC. 304. STAFF DEVELOPMENT CURRICULUM AU- Disabilities Education Act (20 U.S.C. 1451 et (B) Paragraphs (1) and (2) of section 102(a) of THORIZATION. seq.); the Assistive Technology Act of 1998 (29 U.S.C. (a) FUNDING.— (ii) community-based organizations of and for 3012(a)) are amended by striking ‘‘Develop- (1) IN GENERAL.—The Secretary shall award individuals with developmental disabilities and mental Disabilities Assistance and Bill of Rights funding, on a competitive basis, through a their families; Act (42 U.S.C. 6000 et seq.)’’ and inserting ‘‘De- grant, cooperative agreement, or contract, to a (iii) entities funded under title I; velopmental Disabilities Assistance and Bill of public or private entity or a combination of such (iv) centers for independent living; Rights Act of 1999’’. entities, for the development, evaluation, and (v) State educational agencies and local edu- (5) HEALTH PROGRAMS EXTENSION ACT OF dissemination of a staff development cur- cational agencies; 1973.—Section 401(e) of the Health Programs Ex- riculum, and related guidelines, for computer- (vi) entities operating appropriate medical fa- tension Act of 1973 (42 U.S.C. 300a–7(e)) is assisted, competency-based, multimedia, inter- cilities; amended by striking ‘‘or the’’ and all that fol- active instruction, relating to service as a direct (vii) postsecondary education entities; and lows through ‘‘may deny’’ and inserting ‘‘or the support worker. (viii) other appropriate entities; and Developmental Disabilities Assistance and Bill (4) such other information as the Secretary (2) PARTICIPANTS.—The curriculum shall be of Rights Act of 1999 may deny’’. developed for individuals who— may require. (6) SOCIAL SECURITY ACT.— (A) seek to become direct support workers who SEC. 305. AUTHORIZATION OF APPROPRIATIONS. (A) Section 1919(c)(2)(B)(iii)(III) of the Social assist individuals with developmental disabil- (a) SCHOLARSHIPS.—There are authorized to Security Act (42 U.S.C. 1396r(c)(2)(B)(iii)(III)) is ities or are such direct support workers; and be appropriated to carry out section 303 $800,000 amended by striking ‘‘part C of the Develop- (B) seek to upgrade their skills and com- for fiscal year 2000 and such sums as may be mental Disabilities Assistance and Bill of Rights petencies related to being a direct support work- necessary for each of fiscal years 2001 through Act’’ and inserting ‘‘subtitle C of the Develop- er. 2006. mental Disabilities Assistance and Bill of Rights (b) APPLICATION REQUIREMENTS.—To be eligi- (b) STAFF DEVELOPMENT CURRICULUM.—There Act of 1999’’. ble to receive an award under this section, an are authorized to be appropriated to carry out (B) Section 1930(d)(7) of the Social Security entity shall submit to the Secretary an applica- section 304 $800,000 for fiscal year 2000 and such Act (42 U.S.C. 1396u(d)(7)) is amended by strik- tion at such time, in such manner, and con- sums as may be necessary for each of fiscal ing ‘‘State Planning Council established under taining such information as the Secretary may years 2001 and 2002. section 124 of the Developmental Disabilities As- require, including— TITLE IV—REPEAL sistance and Bill of Rights Act, and the Protec- tion and Advocacy System established under (1) a comprehensive analysis of the content of SEC. 401. REPEAL. direct support roles; section 142 of such Act’’ and inserting ‘‘State (a) IN GENERAL.—The Developmental Disabil- Council on Developmental Disabilities estab- (2) information identifying an advisory group ities Assistance and Bill of Rights Act (42 U.S.C. that— lished under section 125 of the Developmental 6000 et seq.) is repealed. Disabilities Assistance and Bill of Rights Act of (A) is comprised of individuals with experi- (b) CONFORMING AMENDMENTS.— 1999 and the protection and advocacy system es- ence and expertise with regard to the support (1) INDIVIDUALS WITH DISABILITIES EDUCATION tablished under subtitle C of that Act’’. provided by direct support workers, and effec- ACT.—Sections 644(b)(4) and 685(b)(4) of the In- (7) UNITED STATES HOUSING ACT OF 1937.—Sec- tive ways to provide the support, for individuals dividuals with Disabilities Education Act (20 tion 3(b)(3)(E)(iii) of the United States Housing with developmental disabilities in diverse set- U.S.C. 1444(b)(4), 1484a(b)(4)) are amended by Act of 1937 (42 U.S.C. 1437a(b)(3)(E)(iii)) is tings; and striking ‘‘the Developmental Disabilities Assist- amended by striking ‘‘developmental disability’’ (B) will advise the entity throughout the de- ance and Bill of Rights Act’’ and inserting ‘‘the and all that follows and inserting ‘‘develop- velopment, evaluation, and dissemination of the Developmental Disabilities Assistance and Bill mental disability as defined in section 102 of the staff development curriculum and guidelines; of Rights Act of 1999’’. Developmental Disabilities Assistance and Bill (3) information describing how the entity (2) NATIVE AMERICAN HOUSING ASSISTANCE AND of Rights Act of 1999.’’. will— SELF-DETERMINATION ACT OF 1996.—Section (8) HOUSING ACT OF 1949.—The third sentence (A) develop, field test, and validate a staff de- 4(17)(C) of the Native American Housing Assist- of section 501(b)(3) of the Housing Act of 1949 velopment curriculum that— ance and Self-Determination Act of 1996 (25 (42 U.S.C. 1471(b)(3)) is amended by striking (i) relates to the appropriate reading level for U.S.C. 4103(17)(C)) is amended by striking ‘‘as ‘‘developmental disability’’ and all that follows direct service workers who assist individuals defined in’’ and all that follows and inserting and inserting ‘‘developmental disability as de- with disabilities; ‘‘as defined in section 102 of the Developmental fined in section 102 of the Developmental Dis- (ii) allows for multiple levels of instruction; Disabilities Assistance and Bill of Rights Act of abilities Assistance and Bill of Rights Act of (iii) provides instruction appropriate for direct 1999.’’. 1999.’’. support workers who work in diverse settings; (3) REHABILITATION ACT OF 1973.— (9) OLDER AMERICANS ACT OF 1965.— and (A) Section 105(c)(6) of the Rehabilitation Act (A) Section 203(b)(17) of the Older Americans (iv) is consistent with subsections (b) and (c) of 1973 (29 U.S.C. 725(c)(6)) is amended by strik- Act of 1965 (42 U.S.C. 3013(b)(17)) is amended by of section 101 and section 109; ing ‘‘the State Developmental Disabilities Coun- striking ‘‘Developmental Disabilities and Bill of (B) develop, field test, and validate guidelines cil described in section 124 of the Developmental Rights Act’’ and inserting ‘‘Developmental Dis- for the organizations that use the curriculum Disabilities Assistance and Bill of Rights Act (42 abilities Assistance and Bill of Rights Act of that provide for— U.S.C. 6024)’’ and inserting ‘‘the State Council 1999’’. (i) providing necessary technical and instruc- on Developmental Disabilities established under (B) Section 427(a) of the Older Americans Act tional support to trainers and mentors for the section 125 of the Developmental Disabilities As- of 1965 (42 U.S.C. 3035f(a)) is amended by strik- participants; sistance and Bill of Rights Act of 1999’’. ing ‘‘part A of the Developmental Disabilities (ii) ensuring easy access to and use of such (B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) Assistance and Bill of Rights Act (42 U.S.C. 6001 curriculum by workers that choose to partici- of the Rehabilitation Act of 1973 (29 U.S.C. et seq.)’’ and inserting ‘‘subtitle C of the Devel- pate in using, and agencies that choose to use, 762(h)(2)(D)(iii), 781(a)(5)(A)) are amended by opmental Disabilities Assistance and Bill of the curriculum; striking ‘‘Developmental Disabilities Assistance Rights Act of 1999’’. (iii) evaluating the proficiency of the partici- and Bill of Rights Act (42 U.S.C. 6000 et seq.)’’ (C) Section 429F(a)(1) of the Older Americans pants with respect to the content of the cur- and inserting ‘‘Developmental Disabilities As- Act of 1965 (42 U.S.C. 3035n(a)(1)) is amended by riculum; sistance and Bill of Rights Act of 1999’’. striking ‘‘section 102(5) of the Developmental (iv) providing necessary support to the par- (C) Subsections (a)(1)(B)(i), (f)(2), and (m)(1) Disabilities Assistance and Bill of Rights Act (42 ticipants to assure that the participants have of section 509 of the Rehabilitation Act of 1973 U.S.C. 6001(5))’’ and inserting ‘‘section 102 of access to, and proficiency in using, a computer (29 U.S.C. 794e) are amended by striking ‘‘part the Developmental Disabilities Assistance and in order to participate in the development, test- C of the Developmental Disabilities Assistance Bill of Rights Act of 1999’’. ing, and validation process; and Bill of Rights Act (42 U.S.C. 6041 et seq.)’’ (D) Section 712(h)(6)(A) of the Older Ameri- (v) providing necessary technical and instruc- and inserting ‘‘subtitle C of the Developmental cans Act of 1965 (42 U.S.C. 3058g(h)(6)(A)) is tional support to trainers and mentors for the Disabilities Assistance and Bill of Rights Act of amended by striking ‘‘part A of the Develop- participants in conjunction with the develop- 1999’’. mental Disabilities Assistance and Bill of Rights ment, testing, and validation process; (D) Section 509(f)(5)(B) of the Rehabilitation Act (42 U.S.C. 6001 et seq.)’’ and inserting ‘‘sub- (vi) addressing the satisfaction of partici- Act of 1973 (29 U.S.C. 794e(f)(5)(B)) is amended title C of the Developmental Disabilities Assist- pants, individuals with developmental disabil- by striking ‘‘Developmental Disabilities Assist- ance and Bill of Rights Act of 1999’’. ities and their families, providers of services for ance and Bill of Rights Act (42 U.S.C. 6000 et (10) CRIME VICTIMS WITH DISABILITIES AWARE- such individuals and families, and other rel- seq.)’’ and inserting ‘‘Developmental Disabilities NESS ACT.—Section 3 of the Crime Victims With evant entities with the curriculum; and Assistance and Bill of Rights Act of 1999’’. Disabilities Awareness Act (42 U.S.C. 3732 note) (vii) developing methods to maintain a record (4) ASSISTIVE TECHNOLOGY ACT OF 1998.— is amended by striking ‘‘term’’ and all that fol- of the instruction completed, and the content (A) Section 3(a)(11)(A) of the Assistive Tech- lows and inserting the following ‘‘term in sec- mastered, by each participant under the cur- nology Act of 1998 (29 U.S.C. 3002(a)(11)(A)) is tion 102 of the Developmental Disabilities Assist- riculum; and amended by striking ‘‘part C of the Develop- ance and Bill of Rights Act of 1999.’’. (C) nationally disseminate the curriculum and mental Disabilities Assistance and Bill of Rights (11) CRANSTON-GONZALEZ NATIONAL AFFORD- guidelines, including dissemination through— Act (42 U.S.C. 6041 et seq.)’’ and inserting ‘‘sub- ABLE HOUSING ACT.—The third sentence of sec- (i) parent training and information centers title C of the Developmental Disabilities Assist- tion 811(k)(2) of the Cranston-Gonzalez Na- funded under part D of the Individuals with ance and Bill of Rights Act of 1999’’. tional Affordable Housing Act (42 U.S.C.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00099 Fmt 0624 Sfmt 6333 E:\CR\FM\A08NO6.111 pfrm01 PsN: S08PT1 S14330 CONGRESSIONAL RECORD — SENATE November 8, 1999 8013(k)(2)) is amended by striking ‘‘as defined’’ vere disabilities. I am pleased to say dress areas of national importance. and all that follows and inserting ‘‘as defined in that S. 1809 was reported out, unani- Over the years, projects related to indi- section 102 of the Developmental Disabilities As- mously, by the Committee on Health, viduals with developmental disabilities sistance and Bill of Rights Act of 1999.’’. Education, Labor, and Pensions on No- and their treatment in the criminal (12) STATE DEPENDENT CARE DEVELOPMENT justice system, their experiences with GRANTS ACT.—Section 670G(3) of the State De- vember 3, 1999. pendent Care Development Grants Act (42 I would like to take a moment to re- home ownership, in employment, their U.S.C. 9877(3)) is amended by striking ‘‘section view the history of this legislation, and use of assistive technology, and their 102(7) of the Developmental Disabilities Assist- the programs in each State that it au- involvement in self-advocacy have been ance and Bill of Rights Act’’ and inserting ‘‘sec- thorizes. The earliest version of this supported through Projects of National tion 102 of the Developmental Disabilities Assist- legislation focused on the interdiscipli- Significance. ance and Bill of Rights Act of 1999’’. nary training of professionals to work The legislation before us today, S. (13) PROTECTION AND ADVOCACY FOR MEN- with individuals with developmental 1809, the Developmental Disabilities TALLY ILL INDIVIDUALS ACT OF 1986.— disabilities by authorizing funding for Assistance and Bill of Rights Act of (A) Section 102(2) of the Protection and Advo- 1999 builds on the past successes of cacy for Mentally Ill Individuals Act of 1986 (42 University Affiliated Facilities charged U.S.C. 10802(2)) is amended by striking ‘‘part C with expanding the carde of profes- these programs. Additionally, this bill of the Developmental Disabilities Assistance and sionals able to address the needs of in- reflects today’s changing society and Bill of Rights Act’’ and inserting ‘‘subtitle C of dividuals with developmental disabil- seeks to provide a foundation for the the Developmental Disabilities Assistance and ities. Later, the name of the programs services and supports that individuals Bill of Rights Act of 1999’’. was changed to University Affiliated with developmental disabilities, their (B) Section 114 of the Protection and Advo- families, and communities need as we cacy for Mentally Ill Individuals Act of 1986 (42 Programs (UAPs), and their mission was expanded to include community enter the next century. Let me take a U.S.C. 10824) is amended by striking ‘‘section moment to highlight the major provi- 107(c) of the Developmental Disabilities Assist- services and information dissemination pertaining to individuals with develop- sions of this legislation. ance and Bill of Rights Act’’ and inserting ‘‘sec- S. 1809 continues a tradition of sup- tion 105 of the Developmental Disabilities Assist- mental disabilities. In 1996, after 33 port for DD programs in each State in- ance and Bill of Rights Act of 1999’’. years of planned expansion by Con- cluding DD Councils, Protection and (14) STEWART B. MCKINNEY HOMELESS ASSIST- gress, the DD Act provided funding for Advocacy Systems, and University ANCE ACT.—Section 422(2)(C) of the Stewart B. at least one UAP in each State. The McKinney Homeless Assistance Act (42 U.S.C. Centers for Excellence in Develop- present reauthorization recognizes the 11382(2)(C)) is amended by striking ‘‘as defined’’ mental Disabilities Education, Re- and all that follows and inserting ‘‘as defined in development of these programs, adds search, and Service. The purpose of the section 102 of the Developmental Disabilities As- research as a core function, and re- DD programs in each State is to engage sistance and Bill of Rights Act of 1999, or’’. names UAPs as Centers for Excellence in advocacy, capacity building, and (15) ASSISTED SUICIDE FUNDING RESTRICTION in Developmental Disabilities Edu- ACT OF 1997.— systemic change activities related to cation, Research, and Service. improving the quality of life for indi- (A) Section 4 of the Assisted Suicide Funding In the 1970 reauthorization of the DD viduals with developmental disabilities Restriction Act of 1997 (42 U.S.C. 14403) is Act, Congress recognized the need for amended— and their families. This legislation and value of strengthening State ef- (i) by striking the section heading and insert- seeks to ensure that individuals with ing the following: forts to coordinate and integrate serv- developmental disabilities are able to ‘‘SEC. 4. RESTRICTION ON USE OF FEDERAL ices for individuals with developmental fully participate in and contribute to FUNDS UNDER CERTAIN GRANT PRO- disabilities. As a result, Congress es- GRAMS.’’; their communities through fall inte- tablished and authorized funding for gration and inclusion in the economic, and State Developmental Disabilities (ii) by striking ‘‘part B, D, or E of the Devel- political, social, cultural, and edu- opmental Disabilities Assistance and Bill of Councils (DD Councils) in each State. cational mainstream of our Nation. It Rights Act’’ and inserting ‘‘subtitle B, D, or E The purpose of the Councils was, and also assists DD Act programs to im- of the Developmental Disabilities Assistance and continues to be, to advise governors prove the range and quality of supports Bill of Rights Act of 1999’’. and State agencies regarding the use of and services for individuals with devel- (B) Section 5(b)(1) of the Assisted Suicide available and potential resources to Funding Restriction Act of 1997 (42 U.S.C. opmental disabilities and their families meet the needs of individuals with de- regardless of where they choose to live. 14404(b)(1)) is amended by striking subpara- velopmental disabilities. Every State graph (A) and inserting the following: This legislation recognizes that indi- ‘‘(A) PROTECTION AND ADVOCACY SYSTEMS has a DD Council. The Councils under- viduals with developmental disabilities UNDER THE DEVELOPMENTAL DISABILITIES ASSIST- take advocacy, capacity building, and often have multiple, evolving, life long ANCE AND BILL OF RIGHTS ACT OF 1999.—Subtitle systemic change activities directed at needs that require services and sup- C of the Developmental Disabilities Assistance improving access to and quality of ports from agencies and organizations and Bill of Rights Act of 1999.’’. community services, supports, and that offer specialized and generic forms Mr. JEFFORDS. Mr. President, on other forms of assistance for individ- of assistance in their communities. The behalf of myself, and my colleagues uals with disabilities and their fami- nature of the needs of these individuals Senators KENNEDY, HARKIN, FRIST, COL- lies. and the capacity of States and commu- LINS, WELLSTONE, REED, DODD, MUR- In 1975, Congress created and author- nities to respond to them have RAY, and ENZI, I am pleased that we are ized funding for Protection and Advo- changed. In the past 5 years, new strat- considering S. 1809, the Developmental cacy Systems (P & As) in each State to egies for reaching, engaging, and as- Disabilities Assistance and Bill of ensure the safety and well being of insisting individuals with developmental Rights Act of 1999. This legislation, dividuals with developmental disabil- disabilities have gained visibility and commonly referred to as the DD Act, ities. The mission of these systems has credibility. These state of the art represents the reauthorization of a evolved over the years, initially ad- strategies are reinforced by and re- piece of legislation with a rich legacy, dressing the protection of individuals flected in this bill. and a long history of bipartisan Con- with developmental disabilities who This bill also recognizes that individ- gressional support. It was initially en- lived in institutions, to the present re- uals with developmental disabilities acted as Title I of the Mental Retarda- sponsibilities related to the protection often are at greater risk of abuse, ne- tion Facilities and Community Mental of individuals with developmental dis- glect, financial and sexual exploi- Health Centers Construction Act of abilities from abuse, neglect, and ex- tation, and the violation of their legal 1963 as part of the legacy of President ploitation, and from the violation of and human rights, than the general Kennedy, and was last reauthorized in their legal and human rights, both in population. Based upon this recogni- 1996 under the sponsorship of Senator institutions and other community set- tion, the bill supports the extra effort FRIST. It has always focused on the tings. and attention needed, in both indi- needs of our most vulnerable citizens, The 1975 reauthorization of the DD vidual and systemic situations, to en- currently an estimated four million Act also established funding for sure that individuals with develop- Americans with developmental disabil- Projects of National Significance. mental disabilities are at no greater ities, including individuals with men- Through this new authority Congress risk of harm than others in the general tal retardation and other lifelong, se- authorizes funding for initiatives to ad- population.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.111 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14331 In the past, the Councils, P&A Sys- velopmental disabilities are able to ac- that these funds supplement, but not tems, and Centers have been authorized complish, with the appropriate sup- supplant existing administrative funds to provide advocacy, capacity building, port, when they have access to the provided to ADD. and systemic change activities to same choices and opportunities avail- I would like to thank Senator HAR- make access to and navigation through able to others. There has been increas- KIN, and Senators FRIST and various service systems easier for indi- ing recognition of and support for self- WELLSTONE for drafting provisions in viduals with developmental disabil- advocacy organizations established by Title II and Title III, respectively. ities. Over time there has been pressure and for individuals with developmental Title II of this legislation addresses the for these three programs to provide as- disabilities, particularly individuals critical need for family support for sistance beyond the limit of their re- with cognitive disabilities. This bill re- families of individuals with severe dis- sources and beyond their authorized flects and promotes such efforts by au- abilities. The bill authorizes grants missions. The bill clearly and concisely thorizing DD Councils to support the (one, 3-year grant per State, on a com- specifies the roles and responsibilities establishment and strengthening of at petitive basis) to assist States to proof Councils, P&A Systems, and Centers least one statewide self-advocacy orga- vide services to families who choose to so that there is a common under- nization for individuals with develop- keep their children with disabilities at standing of what the programs are in- mental disabilities in each State. It home. It gives support to States’ ef- tended to contribute toward a State’s also authorizes national technical as- forts to assist families. Family support efforts to respond to the needs of indi- sistance for self advocacy organiza- services are cost effective in reducing viduals with developmental disabilities tions. the costs associated with life-long dis- and their families. In addition to S. 1809 renaming the ability, and in preventing the expense S. 1809 gives States’ Councils, P&A University Affiliated Programs as Uni- of out-of-home placement. Such serv- Systems, and Centers increased flexi- versity Centers for Excellence in De- ices allow individuals with disabilities bility. Each program in a State, work- velopmental Disabilities Education, to stay at home with their families. ing with stakeholders, is to develop Research, and Service, this legislation Title II gives flexibility and author- goals for how to assure that individuals expands Centers’ responsibilities to in- ity to States in the design of statewide with developmental disabilities and clude the conduct of research, author- systems of family support services for their families participate in the design izes National Training Initiatives on families of children with disabilities. of and have access to needed commu- Critical and Emerging Needs, and links Family support activities supported nity services, individualized supports, the Centers to create a National Net- through this bill should be family-cen- and other forms of assistance that pro- work. In doing so Congress recognizes tered and family-directed. This means mote self-determination, independence, that Centers have a long history of pro- families of children with disabilities productivity, integration, and inclu- viding state of the art community edu- have control over decisions relating to sion in all facets of community life. cation and training in a variety of the supports that will meet the prior- Goals may be set in any of the fol- areas related to improving the capacity ities of their family, and participate in lowing areas of emphasis: quality as- of communities to meet the needs of the planning, development, implemen- surance, education and early interven- individuals with developmental disabil- tation, and evaluation of the statewide tion, child care, health, employment, ities and their families. It is the inten- system of family support. housing, transportation, recreation, or tion of Congress that Centers will con- When applying for a grant, States are other community services. tinue to provide this training. It is also expected to demonstrate the nature Consistent with Congressional em- Congress’ intention to recognize and and extent of the involvement of fami- phasis on strengthening accountability utilize the capacity of all Centers to lies of children with disabilities and infor all Federal programs, this legisla- meet critical and emerging training dividuals with disabilities in the devel- tion requires each program to deter- needs in accordance with Sections opment of the application and in the mine, before undertaking a goal, how 152(c) and 153(b). It also anticipates development, implementation, and that goal will be measured. The Sec- that Congress will authorize Centers to evaluation of the statewide system of retary of the Department of Health and meet other emerging and critical train- family support for families of children Human Services (HHS) is to develop in- ing and research needs related to indi- with disabilities. dicators of progress to evaluate how viduals with developmental disabilities The bill requires States to designate the three programs in each State have through other legislation. a lead entity that will coordinate ac- engaged in activities to promote and By administering the three programs tivities funded under the grant. The achieve the purposes of the Act. In par- specifically authorized under the DD lead agency should have the capacity ticular, the Secretary is to monitor Act and by funding Projects of Na- to promote a statewide system of fam- how the three programs funded in each tional Significance to accomplish simi- ily support services that is family-cen- State coordinate their efforts, and how lar or complementary efforts, the Ad- tered and family-directed; to promote that coordination affects the quality of ministration on Developmental Dis- and implement systems change activi- supports and services for individuals abilities (ADD) in HHS plays a critical ties; and to maximize access to public with developmental disabilities and role in supporting and fostering new and private funds for family support their families in that State. In doing so ways to assist individuals with devel- services for families of children with Congress recognizes that the programs opmental disabilities and their fami- disabilities. The application should funded under the DD Act do not have lies, and in promoting system integra- also designate the involvement of other day to day responsibility for the out- tion to expand and improve community State or local agencies, including local comes of the programs directly serving services for individuals with disabil- councils, in both the preparation of the people with developmental disabilities ities. The bill provides ADD with the application and the continuing role of in their States. Therefore, Congres- ability to foster similar efforts across each agency in the statewide system of sional intent is that the Secretary of the Executive Branch. It authorizes family support for families of children the Department of Health and Human ADD to pursue and join with other Ex- with disabilities. Services develop measures regarding ecutive Branch entities in activities This legislation also gives States the quality of program activities fund- that will improve choices, opportuni- maximum flexibility in selecting ac- ed under Title I of this bill, to provide ties, and services for individuals with tivities they will implement in pro- accountability in the areas of advo- developmental disabilities and to fully viding family support services for fami- cacy, capacity building, and systems utilize the potential of the entities au- lies of children with disabilities, in- changes as they relate to the areas of thorized under title I to achieve these cluding populations who are unserved emphasis defined in Section 102(2), and goals. Since this bill adds new respon- or underserved. Activities may include that these measures are consistent sibilities for tracking accountability training and technical assistance; the with the purposes and policies articu- and collaboration which may trigger development or strengthening of fam- lated in Section 101. the need for additional resources, Sec- ily-centered and family-directed ap- In recent years, a clearer picture has tion 163(b)(2) authorizes funds for ad- proaches to services, including service emerged of what individuals with de- ministrative purposes. The intent is coordination services, service planning

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.088 pfrm01 PsN: S08PT1 S14332 CONGRESSIONAL RECORD — SENATE November 8, 1999 services, and respite care services; and propriate use of restraint and seclusion former chair of the Senate Sub- assistance to families of children with with individuals with developmental committee on Disability Policy, I take disabilities in accessing natural and disabilities across the age span and in a particular interest in the Develop- community supports and in obtaining a variety of settings. The curriculum mental Disabilities Act, which has benefits and services. A State may also will be fully field-tested, evaluated, been a cornerstone of our national pol- conduct needs assessments; evaluations and nationally disseminated. icy for people with disabilities. In fact, of data related to the statewide system Throughout the country, the DD Act the Supreme Court cited the Develop- of family support for families of chil- programs have a long history of mental Disabilities Act in the recent dren with disabilities; or pilot dem- achievement. In Vermont, the DD Act Olmstead decision as evidence of Con- onstration projects to demonstrate new programs make on-going contributions gress’ intent that people with disabil- approaches to the provision of family to major initiatives affecting individ- ities should have the choice to receive support services for families of chil- uals with developmental disabilities services in the community. dren with disabilities. and their families. They play signifi- The entities funded under the Act— Title III recognizes and responds to a cant roles in many of Vermont’s ac- the Developmental Disabilities Coun- national need to increase the number complishments, including: the inclu- cils, University Affiliated Programs, of, and improve the training for, direct sion of children with severe disabilities and the Protection and Advocacy sys- support workers who assist individuals into local schools and classrooms; tems—have enabled us to move away with developmental disabilities where early intervention and family leader- from a service system that denied peo- they live, work, go to school, and en- ship initiatives that are national mod- ple with disabilities the choice to re- gage in other aspects of community els; and innovative programs in the ceive services where families and indi- life, consistent and in coordination areas of employment, and community viduals want them—in their own with title I of this legislation. Title III living options for individuals with de- homes, communities, and neighbor- acknowledges that direct support velopmental disabilities. Based upon hoods. workers play essential roles in pro- the letters our office has received from This year’s reauthorization is very viding the support that individuals across the country, it is clear that important for several reasons. First, with developmental disabilities need, these DD programs make substantial, we must continue our progress toward and in expanding community options positive differences in all States. ensuring that people with develop- for these individuals. S. 1809 is bi-partisan, balanced, and mental disabilities achieve their max- Section 303 of title III authorizes the responsive legislation that reflects imum potential through increased self- Reaching Up Scholarships Program to months of discussion and collaboration determination, independence, produc- encourage continuing education for in- among individuals and organizations tivity, and integration in all facets of dividuals who provide direct support to representing a full range of opinion. I life. individuals with developmental disabil- would like to recognize the contribu- Second, we must ensure that people ities. This scholarship program author- tions of the numerous disability and with developmental disabilities are izes vouchers of up to $2,000 to an eligi- advocacy groups that provided public free from abuse and neglect in all as- ble direct support worker. Recipients input, especially the Developmental pects of the service delivery system. of these vouchers will be direct support Disabilities Task Force of the Consor- This bill will help protect people with workers who assist individuals with de- tium for Citizens with Disabilities and disabilities from abuse and neglect no velopmental disabilities in a wide their co-chairs, who have worked with matter where they live—inside an in- range of settings. This grant program staff over nine months to develop this stitution or in the community. And finally, we must do more to will be administered through institu- legislation. strengthen and support families as tions of higher education, State agen- I would like to thank Senate staff including Connie Garner from Senator they provide care and support to fam- cies, or consortia of such institutions KENNEDY’s staff, Katie Corrigan and ily members with a disability. Family or agencies. It will enable direct sup- Tom Hlavacek from Senator HARKIN’s caregivers are the true heroes of our port workers to access training related staff, Dave Larson from Senator long-term care system. In Title II of to providing state of the art supports FRIST’s staff, Cheryl Chambers from this bill, Congress lends support to and services to individuals with devel- Senator WELLSTONE’s staff, and Liz State efforts to give individuals with opmental disabilities and their fami- King from the Senate Legislative disabilities the choice to stay at home, lies. Counsel. I would also like to thank with their families. Title III, section 304 of this legisla- staff from the U.S. Department of I thank Senator JEFFORDS for action provides funding for the develop- Health and Human Services including knowledging my strong interest and ment, evaluation, and dissemination of Sue Swenson, Reggie Wells, and contributions to this important title. a staff development curriculum, and Elsbeth Wyatt from the Administra- This Family Support grant program related guidelines for computer-as- tion on Developmental Disabilities, gives flexibility and authority to the sisted, competency-based, multi-media, and Barbara Clark and Amy Lockhart States in designing statewide systems interactive instruction to provide staff from the Office of the Assistant Sec- of family support services for families development for individuals in direct retary for Legislation. And finally, I of children with disabilities. It is our service roles with people with develop- would like to thank my own HELP intention that all activities conducted mental disabilities and their families. Committee staff particularly Pat under the Family Support program Title III also recognizes the potential Morrissey, Lu Zeph, Leah Menzies, should be family-centered and family- contribution of individuals with devel- Heidi Scheuermann, and Mark Powden directed. This means that services and opmental disabilities who themselves who worked long and hard on this leg- programs should facilitate the full par- may choose to become direct service islation. ticipation and control by families of providers. This state of the art cur- S. 1809 continues a long tradition of children with disabilities in decisions riculum will allow direct service work- Congressional support for individuals relating to the supports that will meet ers, including those with limited levels with developmental disabilities, their the priorities of the family; and in the of literacy, access to and participation families, and their communities and planning, development, implementa- in, state of the art training that re- ensures that this support will continue tion, and evaluation of the statewide flects the principles articulated in title to meet their needs into the next cen- system of family support. I, particularly the principles of self-de- tury. I ask my colleagues to join me We have given States the flexibility termination, independence, produc- today in voting to pass this bill out of of defining what Family Support serv- tivity, integration, and inclusion of in- the Senate. ices will be provided. Family Support dividuals with developmental disabil- Mr. HARKIN. Mr. President, I sup- services should lead to the integration ities in all aspects of community life. port the passage of Senate Bill 1809, the and inclusion of children with disabil- The curriculum will also address the Developmental Disabilities Assistance ities and their families in the use and use of positive supports and interven- and Bill of Rights Act of 1999. participation of the same community tions as alternatives to the use of aver- As the chief sponsor of the Ameri- resources that are used by and avail- sive treatment, particularly the inap- cans with Disabilities Act and the able to other individuals and families.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.089 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14333 Family Support services may include coordinate activities funded under the with disabilities are integrated help with service coordination; the pro- grant with activities of other relevant throughout our communities, we are vision of goods and services such as State and local agencies. The lead given the opportunity to change our specialized evaluations and diagnostic agency should have the capacity to attitudes from ones based on stereo- services, adaptive equipment, respite promote a statewide system of family types, fear, and ignorance, to ones care, personal assistance services, support for families of children with based on admiration, acceptance, and homemaker and chore services, behav- disabilities throughout the State that affection. ioral supports, assistive technology is family-centered and family-directed; In this way, the Developmental Dis- services and devices, permanency and to promote and implement systems abilities Act benefits all of us. Not only future planning, home and vehicle change activities; and to maximize ac- are people with disabilities assisted in modifications and repairs, equipment cess to public and private funds for taking their rightful place in the main- and consumable supplies, transpor- family support services for families of stream of American society. Not only tation, specialized nutrition and cloth- children with disabilities. The applica- are families that include a child with a ing, counseling and mental health serv- tion should also designate the involve- disability given access to the supports, ices, family education and training ment of other State or local agencies, resources, and services needed to main- services, communication services, cri- including local councils, in the prepa- tain family unity. But in the process, sis intervention, daycare and child care ration of the application and the con- we all gain from the opportunity to ex- for a child with a disability, supports tinuing role of each agency in the perience people with developmental and services for integrated and inclu- statewide system of family support for disabilities as friends, as neighbors, as sive community activities, parent or families of children with disabilities. co-workers, as classmates. family member support groups, peer We have given States maximum I especially thank Senator JEFFORDS support, sitter service or companion flexibility in selecting activities they and Senator KENNEDY for their leader- service, education aids; and financial will implement in providing family ship on this issue, and I am glad to join assistance, which may include cash support services for families of chil- so many of my colleagues from the subsidies, allowances, voucher or reim- dren with disabilities. The State may HELP Committee as a co-sponsor of bursement systems, low-interest loans, support training and technical assist- this legislation. or lines of credit. ance activities for family members, Mr. GRASSLEY. Mr. President, I ask A statewide system of Family Sup- service providers, community mem- unanimous consent that the committee port Services means a system that is bers, professionals, students, and oth- substitute be agreed to, the bill be con- family-centered and family-directed, ers to increase family participation, sidered read the third time and passed, and that assists and enables families to choice, and control in the provision of the motion to reconsider be laid upon receive rights and procedural safe- family support services for families of the table, and any statements relating guards and to gain access to social, children with disabilities; to develop or to the bill be printed in the RECORD. medical, legal, educational, and other strengthen family-centered and family- The PRESIDING OFFICER. Without supports and services; and that include objection, it is so ordered. follow along services that ensure that directed approaches to services, including service coordination services, serv- The committee amendment in the the changing needs of the child and nature of a substitute was agreed to. family are met; the coordination and ice planning services, and respite care services; and to assist families of chil- The bill (S. 1809), as amended, was monitoring of services provided to the read the third time and passed. family; the provision of information to dren with disabilities in accessing nat- f children with disabilities and their ural and community supports and in families about the availability of serv- obtaining benefits and services. RECOGNIZING AMERICA’S NON- A State may conduct needs assess- ices, and assistance to such children GOVERNMENTAL ORGANIZA- and their families in obtaining appro- ments, evaluations of data related to TIONS AND PRIVATE VOLUN- priate services; and the facilitation and the statewide system of family support TEER ORGANIZATIONS for families of children with disabil- organization of existing social net- Mr. GRASSLEY. Mr. President, I ask works and natural sources of support, ities, or pilot demonstration projects to demonstrate new approaches to the unanimous consent that the Senate and community resources and services. now proceed to the immediate consid- Such a statewide system should also provision of family support services for families of children with disabilities. A eration of calendar No. 379, S. Con. Res. be culturally competent, community- 30. centered, and comprehensive so that it State may also support activities to identify and coordinate Federal and The PRESIDING OFFICER. The addresses the needs of all families of clerk will report the concurrent resolu- children with disabilities, including State policies, resources, and services, relating to the provision of family sup- tion by title. unserved and underserved populations; The legislative clerk read as follows: and addresses such needs without report services for families of children with disabilities, including interagency A concurrent resolution (S. Con. Res. 30) gard to the age, type of disability, race, recognizing the sacrifice and dedication of ethnicity, or gender of such children or activities and agreements. members of America’s nongovernmental or- the major life activity for which such In addition, a State may conduct ganizations (NGOs) and private volunteer or- children need the assistance. outreach activities to locate families ganizations (PVOs) throughout their history When applying for a grant, States who are eligible for family support and specifically in answer to their coura- should demonstrate the nature and ex- services for families of children with geous response to recent disasters in Central tent of the involvement of families of disabilities; to solicit input from such America and Kosovo. children with disabilities and individ- families; and to identify groups who There being no objection, the Senate uals with disabilities in the develop- are unserved and underserved. Such ac- proceeded to consider the concurrent ment of the application, including the tivities may involve the creation or resolution. involvement of unserved and under- maintenance of, support of, or provi- Mr. GRASSLEY. Mr. President, I ask served populations; and in strategies sion of, assistance to statewide and unanimous consent that the concur- for actively involving families of chil- community parent organizations, and rent resolution be agreed to, the mo- dren with disabilities and individuals organizations that provide family sup- tion to reconsider be laid upon the with disabilities in the development, port to families of children with dis- table, and any statements relating to implementation, and evaluation of the abilities; the dissemination of relevant this resolution be printed at this point statewide system of family support for information; and other education ac- in the RECORD. families of children with disabilities. tivities. The PRESIDING OFFICER. Without In the application, States should also In closing, I remind my colleagues objection, it is so ordered. The concur- describe the unmet needs for family that the toughest barriers faced by rent resolution (S. Con. Res. 30) was support for families of children with people with disabilities are not archi- agreed to, as follows: disabilities in the State. tectural, they are attitudinal. They are S. CON. RES. 30 When applying for a grant, States not in the environment, they are in our Resolved by the Senate (the House of Rep- should designate a lead entity that will hearts and in our minds. When people resentatives concurring), That the Congress—

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.112 pfrm01 PsN: S08PT1 S14334 CONGRESSIONAL RECORD — SENATE November 8, 1999 (1) recognizes and commends the sacrifice, Peru ‘‘revealed torture by Army Intelligence There being no objection, the Senate dedication, and commitment of those serving Service Officers’’ and ‘‘the systematic wire- proceeded to consider the resolution. with, and those who have served with, Amer- tapping of journalists, government officials, AMENDMENT NO. 2776 ican nongovernmental organizations (NGO’s) and opposition politicians’’; and private volunteer organizations (PVO’s) Whereas on July 13, 1997, Peruvian immi- (Purpose: To make technical amendments) that provide humanitarian relief to millions gration authorities revoked the Peruvian Mr. GRASSLEY. Mr. President, I of the world’s poor and displaced; citizenship of Baruch Ivcher, the Israeli-born send an amendment to the desk and (2) urges all Americans to join in com- owner of the Channel 2 television station; ask for its immediate consideration. memorating and honoring those serving in, and The PRESIDING OFFICER. The and those who have served in, America’s Whereas Baruch Ivcher subsequently lost clerk will report. NGO and PVO community for their sacrifice, control of Channel 2 under an interpretation The legislative assistant read as fol- dedication and commitment; and of a law that provides that a foreigner may lows: (3) calls upon the people of the United not own a media organization, causing the The Senator from Iowa [Mr. GRASSLEY], for States to appreciate and reflect upon the Department of State’s Report on Human Mr. LEVIN, proposes an amendment num- commitment and dedication of relief work- Rights Practices for 1998 to report that bered 2776. ers, that they often serve in harm’s way with ‘‘threats and harassment continued against threats to their own health and safety, and Baruch Ivcher and some of his former jour- The amendment is as follows: their organizations who have responded to nalists and administrative staff . . . In Sep- In section 1(b), strike paragraph (1) and in- recent tragedies in Central America and tember Ivcher and several of his staff insert the following: Kosovo with great care, skill, and speed, and volved in his other nonmedia businesses were (1) on matters of trans-Atlantic concern, to make appropriate steps to recognize and charged with customs fraud. The Courts sen- the European Union should make clear that encourage awareness of the contributions tenced Ivcher in absentia to 12 years impris- it would undertake an autonomous mission that these relief workers and their organiza- onment and his secretary to 3 years in pris- through the European Security and Defense tions have made in helping ease human suf- on. Other persons from his former television Identity only after the North Atlantic Trea- fering. station, who resigned in protest in 1997 when ty Organization had declined to undertake that mission; f the station was taken away, also have had various charges leveled against them and In section 1(b)(5), strike ‘‘must’’ and insert EXPRESSING CONCERN OVER complain of telephone threats and surveil- ‘‘should’’. FREEDOM OF PRESS AND ELEC- lance by persons in unmarked cars’’: Now, Mr. LEVIN. Mr. President, I wish to TORAL INSTITUTIONS IN PERU therefore, be it explain my amendment to S. Res. 208 Resolved, Mr. GRASSLEY. Mr. President, I ask expressing the sense of the Senate on unanimous consent that the Senate SECTION 1. SENSE OF THE SENATE ON ANTI- United States policy toward NATO and DEMOCRATIC MEASURES BY THE the European Union and my own per- now proceed to the immediate consid- GOVERNMENT OF PERU. eration of calendar No. 378, S. Res. 209. It is the sense of the Senate that— sonal view regarding the desirability of The PRESIDING OFFICER. The (1) the erosion of the independence of judi- our European Allies conducting oper- clerk will report the resolution by cial and electoral branches of the Govern- ations in their own backyard. title. ment of Peru and the blatant intimidation of My amendment makes three impor- The legislative clerk read as follows: journalists in Peru are matters of serious tant changes to the language of the concern to the United States; resolution as reported out by the For- A resolution (S. Res. 209) expressing con- (2) efforts by any person or political move- eign Relations Committee. cern over interference with freedom of the ment in Peru to undermine that country’s press and independence of judicial and elec- First of all, the amendment sub- constitutional order for personal or political stitutes ‘‘the’’ for ‘‘its’’ before ‘‘Euro- toral institutions in Peru. gain are inconsistent with the standard of There being no objection, the Senate representative democracy in the Western pean Security and Defense Identity’’ to proceeded to consider the resolution. Hemisphere; make the point that the European Se- Mr. GRASSLEY. Mr. President, I ask (3) the Government of the United States curity and Defense Identity, or ESDI, unanimous consent that the resolution supports the effort of the Inter-American is being developed within, not outside, be agreed to, the preamble be agreed Commission on Human Rights to report on the NATO Alliance. This simple fact is the pattern of threats to democracy, freedom enshrined in a number of North Atlan- to, the motion to reconsider be laid of the press, and judicial independence by upon the table, and any statements re- tic Council communiques and declara- the Government of Peru; and tions, starting with the Declaration of lating to the resolution appear at this (4) systematic abuse of the rule of law and point in the RECORD. threats to democracy in Peru could under- Heads of State and Government issued The PRESIDING OFFICER. Without mine the confidence of foreign investors in, at the Council meeting in Brussels on objection, it is so ordered. as well as the creditworthiness of, Peru. June 11, 1994. This is important because The resolution (S. Res. 209) was SEC. 2. TRANSMITTAL OF RESOLUTION. the development of the ESDI within agreed to. The Secretary of the Senate shall transmit the Alliance means that, as the 1994 The preamble was agreed to. a copy of this resolution to the Secretary of Brussels Declaration stated, ‘‘NATO The resolution, with its preamble, State with the request that the Secretary will remain the essential forum for reads as follows: further transmit such copy to the Secretary consultation among its members and General of the Organization of American the venue for agreement on policies S. RES. 209 States, the President of the Inter-American bearing on security and defense com- Whereas the independence of Peru’s legis- Development Bank, and the President of the lative and judicial branches has been International Bank for Reconstruction and mitments of Allies under the Wash- brought into question by the May 29, 1997, Development. ington Treaty.’’ Next, my amendment deletes the ref- dismissal of 3 Constitutional Tribunal mag- f istrates; erences to NATO being ‘‘offered the op- Whereas Peru’s National Council of Mag- UNITED STATES POLICY TOWARD portunity to undertake the mission’’ istrates and the National Election Board NATO AND THE EUROPEAN UNION and then that NATO ‘‘referred it to the have been manipulated by President Alberto European Union for action.’’ The first Fujimori and his allies so he can seek a third Mr. GRASSLEY. Mr. President, I ask point here is that on one has to offer a term in office; unanimous consent that the Senate mission to NATO; the North Atlantic Whereas the Department of State’s Coun- proceed to the immediate consider- Council is in permanent session so that try Report on Human Rights Practices for ation of calendar No. 377, S. Res. 208. 1998, dated February 26, 1999, concludes, with it can continuously review events that The PRESIDING OFFICER. The could impact on stability in the Euro- respect to Peru, that ‘‘government intel- clerk will report the resolution by ligence agents allegedly orchestrated a cam- Atlantic area and can react to them, if paign of spurious attacks by the tabloid title. necessary. Consequently, it doesn’t press against a handful of publishers and in- The legislative clerk read as follows: have to be offered an opportunity to vestigative journalists in the strongly pro- A resolution (S. Res. 208) expressing the undertake a mission; it has that re- opposition daily La Republica and the other sense of the Senate regarding United States sponsibility and the means to effect it print outlets and electronic media’’; policy toward the North Atlantic Treaty Or- Whereas the Department of State’s Coun- ganization and European Union, in light of on a continuing basis. The next point is try Report on Human Rights Practices for the Alliance’s April 1999 Washington Summit that NATO doesn’t refer a mission to 1997, dated January 30, 1998, states that and the European Union’s June 1999 Cologne the European Union; the EU will un- Channel 2 television station reporters in Summit. doubtedly have been following such an

VerDate 29-OCT-99 05:47 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.090 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14335 event on its own and won’t need a re- ORDERS FOR TUESDAY, them what they thought about Con- ferral from NATO to do so. And the NOVEMBER 9, 1999 gress’ handling of the prescription drug final and perhaps most important point Mr. GRASSLEY. Mr. President, I ask issue. And one interview after another is that this change removes the con- unanimous consent that when the Sen- essentially has seniors and families re- notation that somehow the European ate completes its business today, it ad- sponding that they could not figure out why the Congress in Washington, DC, Union is subservient to NATO. journ until the hour of 9:30 a.m. on could not tackle this issue in a bipar- The last change is to simply sub- Tuesday, November 9. I further ask stitute ‘‘should’’ for ‘‘must’’ in the sub- tisan way. consent that on Tuesday, immediately I remember one of the interviewees paragraph relating to the implementa- following the prayer, the Journal of tion of the European Union’s Common in particular, in effect, saying, ‘‘What the proceedings be approved to date, are they so busy fussing about in Wash- Foreign and Security Policy. This will the morning hour be deemed to have avoid the connotation that the United ington, DC, that they can’t find the expired, the time for the two leaders be time to deal with an issue so important States is dictating to an organization reserved for their use later in the day, of sovereign states. to millions of older people?’’ I think and the Senate then resume debate on that person who got interviewed pretty Finally, Mr. President, I want to ex- S. 625, the bankruptcy reform bill, press my own personal view concerning much summed it up. under the previous order. I have been coming up to the floor of the desirability of our European Allies The PRESIDING OFFICER. Without conducting operations in their own the Senate over the last 2 or 3 weeks in objection, it is so ordered. an effort to try to bring folks’ atten- backyard. I have long been a supporter Mr. GRASSLEY. Mr. President, I ask tion, both in the Senate and in our of the ESDI and I am a supporter of the unanimous consent that the Senate country, that there is bipartisan legis- U.S.-sponsored Defense Capabilities stand in recess from the hours of 12:30 lation to cover the question of pre- Initiative that was recently adopted by p.m. to 2:15 p.m. tomorrow for the scription drugs for older people, and to NATO. NATO’s Operation Allied Force weekly policy conferences to meet. talk about why it is so important. As demonstrated a capabilities gap be- The PRESIDING OFFICER. Without part of that effort, as you can see in tween the United States and our NATO objection, it is so ordered. the poster next to me, I have been urg- Allies. I welcome the stated determina- f ing that seniors send in copies of their tion of our European Allies to develop prescription drug bills—actually send the capability to act on their own. I PROGRAM in copies of their prescription drug welcome the fact that they are pro- Mr. GRASSLEY. Mr. President, for bills to those of us in the Senate in viding more than 80 percent of the the information of all Senators, the Washington, DC. I have been getting a forces participating in the NATO-led Senate will resume consideration of great many of these bills. I have been Kosovo Force. I would welcome it if the bankruptcy bill at 9:30 on Tuesday. coming to the floor on a number of oc- our European Allies would handle the There will be 1 hour of debate on the casions and actually reading from next crisis that develops in Europe. I pending minimum wage and business these bills because I think it helps to would be happy if the United States’ cost amendments, with votes scheduled drive home what we saw in the news- contribution was limited, for instance, to occur at 10:30 a.m. Further amend- papers all across the country this to providing such things as command ments are expected to be offered and weekend, and that is that we have to and control, communications, and in- debated and therefore votes are ex- come up with a bipartisan plan to meet telligence support and I would be even pected throughout tomorrow’s session these needs of vulnerable elderly peo- more pleased if the United States of the Senate. Senators can also antici- ple. didn’t have to provide any support and pate votes regarding the appropriations So tonight I am going to read from our European Allies were capable of process prior to the Veterans Day re- some of the letters that I am receiving handling a crisis on their own. cess. from older people at home in Oregon. I have characterized the United Four letters in particular struck me as States as being a junior partner and f particularly compelling in recent days. the European Allies being the senior ORDER FOR ADJOURNMENT I have heard from folks in North Bend, partner in the KFOR peacekeeping mis- Redmond, Roseburg, and Milwaukie in Mr. GRASSLEY. If there is no fur- sion. I know that there are many peo- the metropolitan area of our State. All ther business to come before the Sen- ple, including some within the Admin- of them essentially make the same ate, I now ask that the Senate stand in istration who don’t like that charac- kind of case, and that is that so many adjournment under the previous order terization, but I see nothing wrong seniors are walking on an economic following the remarks of the Senator with it. tightrope. They are balancing food Mr. President, the United States from Oregon, Mr. WYDEN. costs against the fuel costs and the fuel Congress for years has urged Europe to The PRESIDING OFFICER. Without costs against their medical bills. With play a greater role in its own defense objection, it is so ordered. so many being unable to afford their and to bear more of the collective secu- Mr. WYDEN. Mr. President, I ask prescriptions, they are writing and say- rity burden in NATO. I, for one, can unanimous consent to speak for up to ing they can’t afford to wait for an- take yes for an answer. 20 minutes in morning business. other election, the 2000 election, to re- Mr. GRASSLEY. Mr. President, I ask The PRESIDING OFFICER. Without solve this issue. They have been read- unanimous consent that the amend- objection, it is so ordered. ing these articles with Members of ment be agreed to, the resolution and f Congress saying that it is too com- preamble be agreed to en bloc, the mo- THE SPICE ACT plicated to tackle now. It is too dif- tion to reconsider be laid upon the ficult to get a consensus. I just don’t table, that any statements relating Mr. WYDEN. Mr. President, the think that is the case. thereto be placed in the RECORD as if newspapers of the Nation this weekend There is a bipartisan bill now before read in the appropriate place. were filled with stories about the poli- the U.S. Senate. It is one that was The PRESIDING OFFICER. Without tics of prescription drug coverage for drafted by the distinguished senior objection, it is so ordered. the Nation’s elderly. One poll after an- Senator from Maine, OLYMPIA SNOWE, The amendment (No. 2776) was agreed other said that the question of cov- and myself. We got 54 votes for it on to. ering prescription drugs for seniors was the floor of the Senate. A majority of The resolution, as amended, was one of the top three concerns of mil- Members of the Senate voted in a spe- agreed to. lions of Americans—not just seniors, cific way to fund the prescription drug The preamble was agreed to. but people of all ages. And then, in ad- benefit for the Nation’s older people. The resolution, with its preamble, dition to all the polls and surveys that So it is just not right to say that there reads as follows: were published this weekend, some of is no consensus, there is no way to [The resolution was not available for our most distinguished political jour- bring Senators of both political parties printing. It will appear in a future edi- nalists were out across the country together on this issue. It is just factu- tion of the RECORD.] interviewing people in America asking ally wrong. Fifty-four Members of the

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.108 pfrm01 PsN: S08PT1 S14336 CONGRESSIONAL RECORD — SENATE November 8, 1999 Senate have said that they would vote Senate, as this poster says. We hope I cited examples at the end of last for a specific approach to funding a they will send us copies of their pre- week. drug benefit for the Nation’s older peo- scription drug bills and actually send There are seniors at home in Oregon ple, and it was a bipartisan vote. It copies of how they are affected to each who have prescriptions their doctor wasn’t done in the dead of night. It was of us here in the Senate in Washington, wrote out for drugs such as that, and part of the budget debate. A majority DC. they simply could not afford to have in the Senate is now on record. I want to take just a minute or two them filled. They were hanging on to It is a plan that I think unleashes the now to read from some of the letters I the prescription hoping that sometime forces of the marketplace. It is built on have received in the last few days. down the road they would get the funds the model from which Members of Con- One of the first is a letter I received to be able to afford their prescriptions. gress get their health care, the Federal from an older couple in North Bend. That is the kind of case we are hear- Employees Health Benefits Plan. It is The spouse is 73. Her husband is 77. ing about from the Nation’s older peo- called the SPICE Program, the Senior They report that they have about ple. Prescription Insurance Coverage Eq- $18,000 a year in Social Security in- I hope folks who are listening in to- uity Act. It gives seniors the kind of come and spend about $2,000 of it on night will see, as this poster says, that bargaining power that some of these their prescription drugs. They have a we hope to hear from more of them. We big purchasers such as the health Blue Cross plan. It doesn’t cover any of would like for them, as this poster maintenance organizations have. their prescriptions—none of them. says, to send copies of their prescrip- Right now, seniors with prescriptions I think this is really sort of typical tion drug bills directly to us in the get hit by sort of a double whammy. of what I have been hearing from sen- Senate in Washington, DC. First, Medicare doesn’t cover pre- ior citizens across our State. I intend to keep coming to the floor scriptions. It hasn’t since the program Here is a copy of what these bills of this body and going through some of began in 1965. look like for folks who are thinking these cases in the hopes that this can Second, when a senior citizen walks about sending them to us. This one pique the conscience of the Senate for into a drugstore, walks into their comes from North Bend, OR. It comes bipartisan action. neighborhood pharmacy, in effect that from the Safeway pharmacy there in Finally, tonight I have one other bill that struck me as so poignant and real- senior has to pay a premium for their North Bend. An older couple points out ly summing it up. It comes from an prescription drugs because the big buy- in a letter to me that they simply are older man who sends his wife’s mothers actually get discounts. not going to be able to afford what You have these health care plans. they are told is going to be the next in- er’s bill because she is 91 and she is spending about $400 per month on pre- You have health maintenance organi- crease. They are told that next month scription medicines. The letter says zations. You have the big buyers going their bills are going to go up again on this is outrageous for a 91-year-old per- out and negotiating discounts. Then top of what I have cited they are having to pay for over-the-counter medica- son, a person who is on a fixed income, senior citizens walk into the pharmacy tions as well. Compared to some of to have to pay. She is 91 years old. The in their community in effect having to their friends, they are not what they list goes on for pages. pay a premium and in effect sub- call ‘‘pill takers.’’ With an income of I am going to wrap up tonight by say- sidizing the big buyers in town who get $18,000 a year, think of having to spend ing it would be one thing if you these discounts. about $2,000 of it on prescription drugs, couldn’t bring Senators together I am often asked whether our coun- and that doesn’t even count for what around an important issue and simply try can afford to cover prescription they spend on over-the-counter medica- not find any consensus whatsoever. drugs for the Nation’s older people. My tions. Their bills are going up again That is not the case with respect to response is that America can’t afford next month. the Snowe-Wyden legislation. The sen- not to cover these prescription drugs These are the kinds of people to ior Senator from Maine and I have because so many of these drugs at this whom I think the Senate ought to be teamed up on a bill that is modeled time are essentially ones that help listening. after the kind of health care Members keep older people well. They help keep Another letter I received in the last of the United States Senate receive. them healthy—lower blood pressure, few days comes from an older couple in Mr. President, 54 Members of the deal with cholesterol problems—and Redmond. They sent me this bill for Senate, as part of the budget debate, keep seniors from getting sick and the month of October. Just for the said they would vote for a way to pay landing in the hospital where they need month of October, colleagues who for the plan. We are seeing these polls very expensive services from what is maybe listening in—$282 a month just and interviews along the lines of what called the Part A program of Medicare, for the month of October from an older I cited. Newspapers were filled this the hospital institutional part. couple in Redmond. They went to the weekend with folks saying, why can’t I have cited on several occasions on Rite-Aid Pharmacy in a mall in the Senate act? That is the question: the floor of the Senate anticoagulant Redmond. They are faced now with the Why can’t the Senate act when there is drugs because I think they best illus- prospect of having to spend $282 a a bipartisan bill? trate how serious the problem is and month all year round on their prescrip- The SPICE legislation, the Senior why it needs a bipartisan solution tions, and, suffice it to say, they too Prescription Insurance Coverage Eq- along the lines of the Snowe-Wyden are asking why it is that the Congress, uity Act, is legislation I believe can bill. It makes some sense. These anti- and the Senate specifically, isn’t being move forward because it is bipartisan. coagulant drugs might cost in the vi- responsive. Here is a third bill I re- Certainly, our colleagues have other cinity of $1,000 a year to cover the ceived in the last few days. This is ideas about how to proceed. Senator needs of an older person. But if with from an older woman who is spending SNOWE and I are anxious to hear from anticoagulant medicine we can prevent close to $300 a month on her prescrip- them with respect to their approach. this debilitating injury, that could tion drugs at the Wal-Mart in What is important is that the Senate save in the vicinity of $100,000. That Roseburg. stop ducking this issue. The Senate would be expenses incurred when an This is again the kind of real-life ought to say we are now going to rec- older person suffers a stroke. case to which I think the Senate ought ognize how serious these concerns of Think of that: $1,000 for an anti- to be paying attention. They are just the Nation’s older people are and not coagulant medicine, and as a result of sending us now copies of their bills. just put them off and say it is too com- a senior being able to afford that, very These are not drugs that are uncom- plicated to deal with now and we will often that person can stay healthy and mon. Glucophage, for example, for a lot talk about it in 2001, but with a year to keep from being struck by debilitating of seniors is an essential medicine be- go until election, we ought to roll up stroke and incurring $100,000 in ex- cause it helps them with their diabetes. our sleeves and come up with a bipar- penses that would come about as a re- When senior citizens can’t afford to tisan plan to address these needs. sult of that illness. pay for a prescription for glucophage, Until that time, I hope seniors will I hope seniors will continue to write they are going to suffer some very seri- continue to send copies of their pre- to me and to other Members of the ous health problems as a result. scription drug bills to each Senator. I

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.135 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — SENATE S14337 am particularly anxious to have them. I hope we will not pass up this oppor- this urgent matter for millions of the Send them to our offices in Wash- tunity to address these heartfelt con- Nation’s older people. ington, DC. I will keep coming to the cerns that seniors are passing on. I I yield the floor. floor of this body, reading from letters hope we will not say this issue is too f from folks, including this 91-year-old complicated for the Senate to act. We who cannot afford next month’s in- may be leaving in a few days, but there ADJOURNMENT UNTIL 9:30 A.M. crease in prescription drugs, folks who will be an opportunity in the days TOMORROW cannot pay for their diabetes medicine ahead to bring Senators of both polit- and are likely to get much sicker as a ical parties together and fashion legis- The PRESIDING OFFICER. Under result. I intend to keep coming to the lation that is responsive to the coun- the previous order, the Senate stands floor of this body, reading from those try’s older people. I am convinced older in adjournment until 9:30 a.m., Tues- letters, and doing everything I can to people cannot afford to wait another day, November 9, 1999. try to bring the Senate together year, wait another year for politicking Thereupon, the Senate, at 8:16 p.m., around bipartisan legislation to meet and debates to go forward. Certainly, adjourned until Tuesday, November 9, the needs of our elderly. based on the kinds of bills, as the bill 1999, at 9:30 a.m. The approach behind the Snowe- I read from, including the 91-year-old f Wyden legislation does not involve senior spending $400 a month, she can- price controls. We have a lot of Sen- not afford to wait, at 91, for another NOMINATIONS ators legitimately concerned about year of electioneering. I believe when Executive nominations received by that. It is not a one-size-fits-all Fed- there is a bipartisan bill before the the Senate November 8, 1999: eral regime. It is a model based on Senate, she shouldn’t have to wait. something we all know well. That is I will continue to read from these let- NATIONAL TRANSPORTATION SAFETY BOARD the Federal Employees Health Benefits ters. I hope folks will send copies of CAROL JONES CARMODY, OF LOUISIANA, TO BE A MEM- BER OF THE NATIONAL TRANSPORTATION SAFETY Plan. In fact, the SPICE Program that their prescription drug bills. We need BOARD FOR A TERM EXPIRING DECEMBER 31, 2004, VICE Senator SNOWE and I have drafted is a to act on this matter. We saw again ROBERT TALCOTT FRANCIS II. senior citizens version of the Federal this weekend how important it is to DEPARTMENT OF JUSTICE Employees Health Benefits Plan. We the American people. I will be coming DONALD W. HORTON, OF MARYLAND, TO BE UNITED are convinced it can work for the Na- back to this floor again and again and STATES MARSHAL FOR THE DISTRICT OF COLUMBIA FOR THE TERM OF FOUR YEARS, VICE HERBERT M. RUTHER- tion’s older people. again until we get bipartisan action on FORD III, TERM EXPIRED.

VerDate 29-OCT-99 05:01 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 9801 E:\CR\FM\G08NO6.138 pfrm01 PsN: S08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2293 EXTENSIONS OF REMARKS

POST OFFICE NAMING IN of the Student Council, and Founder and first The church conducted its services in Ger- BALTIMORE, MARYLAND Editor-in-Chief of the Spokesman College man until 1923, helping establish an identity Newspaper. A World War II veteran, Judge for the German immigrants that settled in the HON. ELIJAH E. CUMMINGS Cole graduated from the University of Mary- area. As the population changed, so did the OF MARYLAND land School of Law and practiced criminal and church which has evolved to meet the needs of the community. The church can credit its IN THE HOUSE OF REPRESENTATIVES civil rights law. The ``Frederick L. Dewberry, Jr. Post Office longevity to the teaching ``Do unto others as Friday, November 5, 1999 Building'' will be located at 1001 Frederick you would have done unto you''. Immanuel Mr. CUMMINGS. Mr. Speaker, I am pleased Road, in Baltimore, Maryland. United Methodist Church has never focused to introduce this bill to designate five United Frederick L. Dewberry, Jr. was born and on itself, but through its good works has es- States Postal Service buildings after five indi- raised in Baltimore City. He is a graduate of tablished itself as an anchor to the Eastpointe viduals who made significant contributions to Loyola College and received a law degree community. Baltimore and the State of Maryland. from the University of Baltimore. A World War The original structure stood on what is now I believe that persons who have made II veteran, Mr. Dewberry held the post of the grounds of the Eastpointe Police Station, meaningful contributions to society should be Chairman of the Baltimore County Council where the original cemetery still sits. The recognized and honored. The naming of a from 1964 to 1966. From 1979 to 1984, Fred- structure built in 1874 was well known for the postal building in one's honor is truly a salute erick Dewberry was the Deputy Secretary of lighted revolving cross that could be seen for to their accomplishments and public service. the Maryland Department of Transportation. miles atop the church steeple. It became These individuals are Samuel Lacy, Judge The ``Dr. Flossie McClain Desmond Post Of- known as ``The Church of the Revolving Robert Bernard Watts, Judge Harry Augustus fice Building'' will be located at 1908 North Cross''. When the state chose to widen Gratiot Ave- Cole, Frederick Dewberry, Jr., and Flossie Ellamont Street, in Baltimore, Maryland. nue in 1933, the church moved to its present McClain Desmond. Dr. Flossie McClain Desmond earned a site and added an educational unit in 1956. I will give a brief biographical description of bachelor's degree in English from Fisk Univer- Today, the church's 450 members are quite the individuals and the locations of the post of- sity, received a Master's degree from Colum- proud of the well-known stained glass window fice being named. bia University and pursued post graduate picturing Christ as ``The Good Shepherd''. The The ``Samuel H. Lacy, Sr. Post Office Build- studies at Ohio State University and Catholic church is in fact a good shepherd to our coming'' will be located at 919 West 34th Street, University of America. She served in teaching munity. The congregation provides an emer- Baltimore, Maryland. and administrative positions at Allen Univer- gency food pantry, furnishes weekly meals to Samuel H. Lacy was a renowned sports sity, Benedict College, Knoxville College, Mor- a local warming shelter, and supplies salary writer and editor for the Baltimore Afro-Amer- gan State University, and Coppin State Col- support for a mission in Africa. ican Newspaper since 1944. He spent 60 lege. Dr. Desmond spent 31 years working at Since the days when the area was known years in journalism, working with radio, tele- Coppin State College, where she served in as ``bush territory'' wild and unsettled, the vision, and the print media. numerous roles. Upon her retirement, the church has been a part of our community, and The ``Judge Robert Bernard Watts, Sr. Post honor of ``Dean Emeritus'' was bestowed upon we all look forward to many, many more years Office Building'' will be located at 3500 her. In 1993, Coppin's first residence hall was of service and dedication. Please join me in Dolfield Avenue, Baltimore, Maryland. named after her and is called, `The Flossie M. wishing all the best to the Immanuel United Judge Robert Bernard Watts, Sr. was the Desmond Center For Living and Learning.' A Methodist Church on its 150th anniversary. first African-American to be appointed full time talented musician, Dr. Desmond composed f to the Bench of the Municipal Court of Balti- the Alma Mater for Allen University and the more City. Judge Watts, who was born in song is still in use today. TRIBUTE TO ANGELO STATE West Baltimore, graduated with honors from Muhammad Ali, the greatest boxer of all UNIVERSITY Morgan State College in 1943 and then time once said that ``service to others is the served in the Army until 1945. He earned a rent you pay for your room here on earth.'' HON. CHARLES W. STENHOLM law degree from the University of Maryland in Samuel Lacy, Judge Robert Bernard Watts, OF TEXAS 1949. Judge Watts was at the center of the Judge Harry Augustus Cole, Frederick Dew- IN THE HOUSE OF REPRESENTATIVES Civil Rights Movement and worked closely berry, Jr., and Flossie McClain Desmond have Friday, November 5, 1999 with the NAACP. His dedication to civil rights paid their rent. I am honored to submit this Mr. STENHOLM. Mr. Speaker, I rise today led him to a long working relationship with the legislation saluting five people from my district to recognize an outstanding educational insti- late Justice Thurgood Marshall. Judge Watts who spent their lives giving service to others. tution in the 17th District of Texas. Angelo was instrumental in desegregating numerous I urge my colleagues to support this worth- State University in San Angelo, Texas, pro- theaters, restaurants, department stores, ho- while measure. vides top rate education to students from tels and the Gwynn Oak Amusement Park. f across Texas, the United States and the Watts was the first judge in Maryland to open world. The University will be completing con- hundreds of adoption records reuniting numer- CELEBRATING THE 150TH ANNI- struction of its Rao Alumni and Visitors Center ous families. VERSARY OF IMMANUEL UNITED METHODIST CHURCH in 2001. The ``Judge Harry Augustus Cole Post Of- Last Friday, during homecoming festivities, fice Building'' will be located at 900 E. Fayette a time capsule was dedicated and buried by Street, Baltimore, Maryland. HON. DAVID E. BONIOR the Alumni Association. This time capsule Judge Harry Augustus Cole was the first Af- OF MICHIGAN serves as a symbol of the University's commit- rican American Assistant Attorney General in IN THE HOUSE OF REPRESENTATIVES ment to the future. Included in the capsule Baltimore City, the first African American to be Friday, November 5, 1999 was a flag flown over the Capitol as our dedi- elected to the State Senate of Maryland, the cation to future generations. first Chairman of the Maryland Advisory Com- Mr. BONIOR. Mr. Speaker, today I rise to The capsule will be opened during the mittee to the United States Civil Rights Com- recognize a truly remarkable church. The Im- homecoming celebration in 2025. mission, and the first African American to be manuel United Methodist Church building may I would like to submit for the RECORD a copy named to Maryland's highest court, the Mary- have moved around Eastpointe several times of a resolution that I offered the University on land Court of Appeals. Educated in the Balti- since its founding as the Roseville German this very special occasion. more City Public School System, Judge Cole Methodist Church in 1849, but its congregation It is my hope that this nation and my home graduated from Morgan State University in has stood its ground in the community for all state of Texas will continue to honor univer- 1943. While at Morgan, he was the President of its 150 years. sities like Angelo State University that have

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

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A05NO8.017 pfrm13 PsN: E08PT1 E2294 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 dedicated themselves to providing the best A TRIBUTE TO ROY QUICK OF [From the Coast News, June 17, 1999] possible education to its students. QUICK TAX & ACCOUNTING RETIRED FRIENDS TENDING TO THE PEOPLE’S SERVICE ON SELECTION TO THE NEEDS RESOLUTION INTERNAL REVENUE SERVICE By Jack Broward Whereas, Angelo State University will ADVISORY COUNCIL EDEN GARDENS—There is no more appro- complete construction of its Rao Alumni and priate term in describing Al Graff, 80, and his Visitors Center in 2001; and HON. JAMES M. TALENT partner Dick Wheelock, 73, than synergism: Whereas, This center will serve as a link to working together as a team, they exceed OF MISSOURI the future and the past of Angelo State Uni- what could otherwise be achieved individ- versity, welcoming both new students and its IN THE HOUSE OF REPRESENTATIVES ually. alumni; and Friday, November 5, 1999 Yet, judged individually, Graff stood at the Whereas, Angelo State University has Mr. TALENT. Mr. Speaker, I rise today to very pinnacle of his engineering profession as an executive with General Atomics before made an ongoing commitment to the future congratulate a resident of Missouri's 2nd Dis- by providing a top rate education to students retirement in 1983 as director of Inter- from across Texas, the United States and the trict and a friendÐMr. Roy M. Quick, Jr. on his national Operations. world; and selection to serve as a member of the Internal Dr. G. Richard Wheelock, founding Medical Whereas, The dedication of this time cap- Revenue Service Advisory Council (IRSAC). Director in 1955 of the Del Mar Medical Clin- sule by the Alumni Association serves as a Roy, who is a small business owner back ic, was for the seaside community of Del symbol of Angelo State’s commitment to the home in St. Louis, runs Quick Tax and Ac- Mar, only the area’s second medical doctor future; and counting Service with his wife Edith. to practice there at that time. It was not The primary role of the IRSAC is to advise long before Wheelock’s medical colleague re- Whereas, We included in this capsule a flag tired, leaving him as the only physician in flown over our nation’s capitol on October 4, the Commissioner of the IRS on the public's town. 1999, as symbol of our dedication to those fu- perceptions of IRS activities and current and Like all areas of North San Diego County’s ture generations who will open it during the future tax administration programs and initia- coastal region, the climate, lifestyles and in- 2025 Angelo State University homecoming tives. As a Member of Congress who attends formality attracted tens of thousands of new celebration, be it many town hall meetings, women in chamber residents. In time, new doctors, joined the Resolved, That I, Charles W. Stenholm, as and business roundtable events back home, I clinic as patient load increased. Congressman for the 17th District of Texas, can tell you that this is definitely an area In retrospect, Wheelock thinks now that do officially recognize and extend my best where the IRS has plenty of room for improve- he might have never retired without the re- wishes on the dedication of this capsule by tirement party that his wife threw for him the Angelo State University Alumni Associa- ment. The group suggests operational im- without advance notice! tion and that an official copy of this resolu- provements and offers constructive observa- For as many years as he can remember, tion be presented to the University and tions about current or proposed policies, pro- Rancho Santa Fe resident Al Griff has been Alumni Association as an expression of my grams and procedures. In essence, the men an advocate for social justice, a calling he high regards for their efforts. and women who sit on this Council could be refers to as ‘‘the needs of the people’’ CHARLES W. STENHOLM, called the inner voice of the IRS. The Berkeley graduate forged over the Member of Congress. While I am proud to announce the selection years, a dedication to social justice that of Roy Quick to the IRSAC, I am especially eventually manifested itself in his ordina- f tion as a deacon at Solna Beach’s St. James pleased by the fact that seven of the new Catholic church. His new role in life began IRSAC members are small business owners. COOPERATION BETWEEN THE the day after his retirement in 1983. For too long, small business owners have not The plot thickens with Wheelock’s retire- GAMBIA AND NASA had a seat at the table when talking about the ment from practice in Del Mar after 44 years complex regulatory and tax issues that leave as ‘‘the village doctor.’’ HON. DAN BURTON them in a quagmire of compliance paperwork. Graff’s good health, agile mind and aggres- I am hopeful that with seven of the fourteen sive spirit were the elements key to the ulti- OF INDIANA slots on the IRSAC now being held by small mate establishment of a medical clinic here IN THE HOUSE OF REPRESENTATIVES in Eden Gardens. business owners that these men and women His lengthy friendship with Wheelock in- Friday, November 5, 1999 will offer guidance and a real life perspective cluded participation in community efforts to to the decision-making process that affects aid the poor and needy residents of Tijuana, Mr. BURTON of Indiana. Mr. Speaker, I rise more than 12 million small business owners ‘‘We were returning from Tijuana one Satur- today to highlight for my colleagues the contin- across the nation. day afternoon after delivering medical sup- ued cooperation between The Gambia and the Mr. Speaker, as Chairman of the House plied donations from area hospitals in the re- National Aeronautics and Space Administra- Committee on Small business, I ask all of you gion,’’ recalls Graff, ‘‘Dick asked me what I tion (NASA). The Gambia's President, Dr. to join me in offering not only our congratula- thought about opening a small clinic adjoin- Yahya Jammeh, recently completed his first ing St. Leo’s Mission.’’ tions but our appreciation to these men and Through arrangements made by St. James visit to the United States as head-of-State, womenÐthe small business owners like Roy Pastor, the Reverend John Howard (St. Leo’s and I had the opportunity to meet with him QuickÐwho every day are working to keep Mission is a subsidiary of St. James), it was personally to discuss issues of mutual interest. America's engineÐsmall businessÐrunning agreed that a clinic was needed. The Mission, The Banjul Airport has been among four se- and on course to a better tomorrow. located on some four acres of property, is a lect locations in the world designated as aug- f focal point of community life in Eden Gar- mented emergency landing sites and recovery dens. Social as well as religious events draw A TRIBUTE TO SENIORS HELPING locations for the United States Space Shuttle. parishioners to the facility for wide ranging PEOPLE activities throughout the week. NASA space shuttles, launched eastward in a ‘‘We situated the clinic in a single room in ballistic trajectory over the Atlantic Ocean, fly the back of the church, using the kitchen fa- directly over Banjul, thus making it an ideal lo- HON. RANDY ‘‘DUKE’’ CUNNINGHAM cilities as a patient waiting room.’’ Dick cation for emergency landings if needed. OF CALIFORNIA Wheelock recalls, telling how, in 1992, the Banjul International Airport (BIA) boasts an IN THE HOUSE OF REPRESENTATIVES clinic’s presence was a ‘‘word-of-mouth’’ op- ultra-modern $10 million passenger terminal, a Friday, November 5, 1999 eration. new nine-floor Air Traffic Control Tower, newly Sunday Mass announcements included (and Mr. CUNNINGHAM. Mr. Speaker, I rise still do) a run-down about clinic hours, spe- installed security systems, and upgraded air- today to pay tribute to Al Graff and Dick cial education awareness programs, vaccina- field lighting and navigation systems. In addi- Wheelock for their humanitarian contributions tions for babies, a yearly mammogram pro- tion, The Gambia's Civil Aviation Authority to our local community. The article below from gram for women over 40 years of age as well (GCAA) works closely with the United Space the June 17, 1999, Coast News highlights as numerous other special programs offered Alliance, which is responsible for operating the their tremendous accomplishments in pro- by the clinic. In a short time, the clinic pa- Transoceanic Abort Landing (TAL) sites for viding health care to the uninsured in San tient load outgrew its single-room operation. every NASA space shuttle mission. Diego County. Mr. Graff and Dr. Wheelock de- The addition of two more small rooms plus an indoor patient waiting room that also Mr. Speaker, I would like to commend serve our sincere congratulations for their ef- serves as the filing-administration section NASA and President Jammeh for their co- forts. They should be proud of their work, and was eventually provided. operation, and I strongly encourage them to I am proud to have such fine individuals as Thursday evenings from 6–9 p.m. and Sat- continue to work together in the future. constituents. urday mornings from 9 until noon are the

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A05NO8.019 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2295 current scheduled hours of operation. But I Michael Tilton, an undergraduate medical years. In 2017 we will celebrate the centennial noticed in visits for this story, that the med- student at UCSD has been volunteering his of this relationship. It is important to the Peo- ical staff, comprised of Wheelock and an all- services for the past 18 months. And fifty- ple of the Virgin Islands that we begin the sec- volunteer team of area physicians, medical year, now-retired nurse Martha Moyer, a Del students from UCSD, nurses, technicians and Mar resident, explained between treating pa- ond one-hundred years on a sound economic administrative personnel remained at the tients that the clinic tries to serve the work- footing, and as a self-sustaining, contributing clinic as long as patients were waiting to be ing poor from Del Mar to Encinitas. She remember of the American Family. This bill can seen. calls in 1992 reading about the clinic that be the vehicle to this economic empowerment ‘‘From the beginning, we realized the need was intended to open at St. Leo’s in Eden and sustainable growth and development. for dispensing dignity and integrity along Garden. ‘‘That’s how I wound up as a volun- Although the Virgin Islands enjoys generous with medical treatments,’’ notes Graff, ex- teer.’’ business tax benefits currently, the loss of plaining that the $5 per-patient ‘‘donation’’ It is reflection of my limited abilities to Section 936 and the coming of NAFTA create may only be a token exchange for services not include in this story all of the names of and payment. ‘‘But, this helps preserve the clinic volunteers. The redeeming quality significant challenges as we strive to establish patient’s dignity. Those unable to pay are about their service, though, is that they our place in the national and world economy. treated with equal respect and medical care. serve—at no cost—because they are needed. An empowerment zone would encourage an All examinations, medications and related Fulfillment, professional and personal, is ongoing community planning process and pro- services are free. But the $5 fee creates a their reward. vide for a local-federal partnership that is the fund used for the purchase of logistical needs Already on the drawing board at the clinic best framework for us to move forward. not donated by outside sources,’’ Graff ex- is a 600 square-foot dental facility to be con- What this bill seeks to do is to develop a plains, noting that the clinic’s overall oper- structed by volunteer labor and funds sup- process for us to come together as a commu- ations are supported by grants that he applied by the parish of St. James and St. plies for and receives from a variety of insti- Leo’s Mission as well as from the Del Mar nity and a part of the United States to address tutions and non-profit organizations. and Sunrise Rotary Club members. Three a myriad of issues that have plagued us, from With diabetes within Hispanic commu- dental chairs, x-ray equipment and ancillary land use planning, to housing, to education, to nities a major concern for the medics, the requirements are identified in the construc- drugs and crime, and business and the econ- clinic conducts weekly diabetic health edu- tion plans, according to Graff. His programs, omy, so that by the time we celebrate the 100 cation programs for Eden Garden families. current as well as those on the horizon, are year anniversary of being a part of the Amer- There is an estimated population of 12,500 extensive and infinite in measures of con- ican family we will do so with the pride and residents in the area, according to Graff. tributions to be made to community life in dignity that befits us and the ancestors on Ninety-five percent of those who come to the Eden Gardens. He manages dedication, con- clinic are from working poor families, the sistent with his and Wheelock’s accomplish- whose shoulders we move forward. majority of whom are without health cov- ments of the past. I urge my colleagues to join me in support erage, he said, emphasizing that ‘‘Everyone I waited until now to introduce more fully of this bill and of its enactment into law. who comes through that door is accepted.’’ Dr. Wheelock, a type-cast-physician who f Patients on MediCare are referred to medical may’ve posed a half-century ago for one of facilities elsewhere, it was noted. On a Sat- artist Norman Rockwell’s cover paintings for TRIBUTE TO WALTER PAYTON urday morning during one of my visits to the Saturday Evening Post. He reflects in his clinic, a multitude of patients, mothers with conversation and mannerisms a sense of gen- SPEECH OF their infant children, husbands and wives, uine modesty, characteristic of remote re- school-age youngsters, all were waiting in a gions of Arizona and the southwest where he HON. ROGER F. WICKER patio shaded by trees. Patient loads cur- was born and raised. OF MISSISSIPPI rently are running at about 60 patients on Recalling his closing years as head of the IN THE HOUSE OF REPRESENTATIVES each of the twice per-week days of operation. old Del Mar Clinic, Wheelock told of young One of the most redeeming qualities asso- doctors at the clinic approaching him on the Wednesday, November 3, 1999 ciated with the clinic is first, that an effi- subject of expanding the facility that he Mr. WICKER. Mr. Speaker, I rise today to cient, highly professional medical facility is founded, keeping pace with the population honor the life of fellow Mississippian Walter maintained in close proximity to community growth and adding to a facility that was Payton who died earlier this week at the age residents. Next, that those patients seen by dedicated to serving the medical needs of of 45. Walter Payton was born in Columbia, the clinic relieves the burden that otherwise families in the community. I felt the pres- would necessarily be cared for by public sures but I just didn’t feel comfortable with Mississippi, on July 25, 1954. Following his health agencies, explained Victor Tostada, the prospects of expanding. So I retired. outstanding career at Jackson State Univer- another of the staff volunteers who serves as But not for long. Today, after six years of sity, he was drafted by the Chicago Bears administrative director. building-back growth in his and Al Graff’s where he would spend the next 13 years re- In an annual report issued last February, it new clinic, there has likely been restored in writing the NFL record books. is emphasized that ‘‘All patients, especially the career of Dick Wheelock, a sense of pick- Walter Payton's on-field accomplishments, infants and children, are accepted regardless ing up where he left off so many years ago, his engaging personality and his off-the-field of race, color, origin or creed.’’ during the infancy of his Del Mar Clinic. contributions to community and civic affairs In its mission statement accompanying the Says his partner. ‘‘Dick Wheelock is deeply report, it is also noted that the clinic pre- devoted to his profession and those who look have earned him a lasting place in the hearts sents ‘‘no competition with medical, dental to him for relief from pain. He has great em- of millions of Americans. or hospital professions, but a relief of a bur- pathy for his fellow human being.’’ He proved that a strong work ethic and a den of caring for the working poor.’’ Which makes this story all the more re- commitment to excellence could propel an un- States Deacon Graff, ‘‘We estimate about markable is that two individuals in totally dersized athlete from a small college in Mis- $600,000 yearly in services and medicines as different professions would become friends in sissippi to the top of the professional football well as specialized requirements (provided at later life, then partners in an endeavor world. He was praised for bringing positive at- no cost by other medical institutions) are whose function is enriched with feelings of provided for our patients free from any im- warmth, compassion and love for those less tention to the abilities of players who come pact on local, state or federal government re- fortunate than themselves. from small colleges. Among his admirers is sources. Because St. Leo’s Mission is the Jerry Rice, another Mississippian from a small f sponsoring agency, our patients accept our school who became an NFL superstar. ``He services as they do in all other church-spon- ENTERPRISE ZONE/EMPOWERMENT paved the way for so many small schools and sored benefits.’’ COMMITTEES PROGRAM players, including myself, because he opened Among the clinic volunteers on duty dur- a lot of eyes,'' Rice said. ing my visits was Dr. Marsha Blount, a resident family practice physician at Sharp’s. HON. DONNA MC CHRISTENSEN Mississippians are proud of this Hall of Fame running back for his success in running Rounding out a full year of service, the OF THE VIRGIN ISLANDS over, around and through opposing defenses. North Carolina native and graduate of Duke IN THE HOUSE OF REPRESENTATIVES University and Jefferson Medical School in We are equally proud of his commitment to Philadelphia, commented to me, ‘‘You learn Monday, November 8, 1999 family, church, and community. to think on your feet here. It is hands-on ex- Mrs. CHRISTENSEN. Mr. Speaker, I rise Many people will recall his work to ensure perience that would otherwise be hard to today to introduce a bill to authorize the Virgin that thousands of children received toys and gain.’’ Another resident physician at Sharp’s, Jill Islands and the others U.S. Insular Areas to clothing for Christmas. Among his activities Panitch, agreed with her colleague and told participate in the Enterprise Zone/Empower- were efforts to help over 9000 churches, how second and third-year resident physi- ment Communities Program. schools, and social service agencies raise cians volunteer one year of service to the The U.S. Virgin Islands has been an unin- money to support their missions, and estab- clinic. corporated territory of the United States for 82 lishing scholarships so that children, who had

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A05NO8.023 pfrm13 PsN: E08PT1 E2296 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 been wards of the state, might see their people, the Nazi government in Germany insti- securities firmsÐbut which on the other hand dreams of college become a reality. He also gated the notorious Kristallnacht, the ``Night of denies consumers any say in how their per- created job training and placement programs Broken Glass.'' This was the event which set sonal financial information can be used and for the unemployed and worked with the Illi- the stage for Hitler and other Nazi leaders to disclosed. nois Department of Children and Family Serv- attempt to ``eliminate'' the Jews from Germany I thought we learned this lesson 21 years ices to find families for orphaned children. And and eventually the whole world. It was the ago, when Congress enacted the Right to Fi- while Walter is no longer with us, the Walter kind of event that proved ideal for Nazi pur- nancial Privacy Act. That 1978 law, which I Payton Foundation will continue his great hu- poses. authored, put in place standards governing ac- manitarian legacy for years to come. On October 27, 1938, Germany expelled cess and sharing of financial information for Mr. Speaker, Walter Payton was a role 15,000 non-German Jews. Although many had federal agencies. It stemmed from a Supreme model in his public life as a professional ath- lived in Germany for decades and even raised Court decision that ruled the fourth amend- lete in his private life as husband, father, and families there, they were put on trains and ment does not apply to banking records. As a community leader. We will miss him. sent to Poland. This was done by the German former California banker, I had been a party in f government without notifying the Polish gov- that 1974 suit, California Bankers Association ernment or without taking any steps to deal v. Schultz. MARGRET HOFMANN REMINDS US with the number of people. Enraged by this And here we are today, throwing open the OF THE MEANING OF action, Herschel Grynszpan, whose parents door for financial institutions to create huge KRISTALLNACHT ON THE ANNI- had been summarily expelled from Germany, new holding companiesÐwithout giving con- VERSARY OF NOVEMBER 9, 1938 went to the German Embassy in France and sumers any ability to say how their sensitive shot a German diplomat, Ernst vom Rath. personal financial information can be shared. HON. TOM LANTOS The occasion was tailor-made for the Nazi In effect, we are creating a financial privacy OF CALIFORNIA propaganda machine. The funeral of vom Rath vacuum. IN THE HOUSE OF REPRESENTATIVES in his hometown of Dusseldorf was grandiose. This runs counter to what we are trying to Monday, November 8, 1999 The Nazi government used the murder of vom achieve in the area of medical confidentiality, Rath to give a false impression that German where we are aiming to put the strongest pos- Mr. LANTOS. Mr. Speaker, the Holocaust citizens spontaneously rose against the Jews. sible safeguards in place at the Federal level, must be remembered and it must be studied The night of the funeral, November 9, 1938, while preserving what is best about State pri- to prevent the real danger of repeating the ex- the Nazi government instructed the local po- vacy laws. In the next week or so, HHS will perience of that horrendous nightmare. As re- lice throughout Germany to ``allow'' the Ger- issue proposed regulations for medical pri- cent conflicts in the Great Lakes Region of Af- man people to rise up and ``strike back'' at the vacy, which on balance are expected to be rica, Kosova, East±Timor as well as many Jews. ``The people'' were Nazi ``Brown Shirts'' strong. If we can give consumers rights over other places remind us only too well that, al- and German soldiers. The police were told to their medical data, why can't we also give though we are now enjoying an era of general make sure non-Jews were not attacked and them a measure of control over how their fi- prosperity and relative tranquility, many peo- only Jewish buildings were destroyed. All over nancial data is used, marketed, and sold? ples around the world have not yet learned to Germany synagogues and temples were Defenders of the conference agreement say live with one another in peace. In fact in the burned, Jewish homes were ransacked, and a that the bill limits sharing of personal financial last decade, the practice of ethnic cleansing in number of Jews were killed. By 1938 the Nazi data with non-affiliated, third-party entities. Bosnia, Kosova and other areas of the former propaganda machine had complete control of Nonsense. All that companies that don't for- Yugoslavia has only served to remind us how the press, and this pogrom was portrayed as mally affiliate have to do to escape the bill's little progress we have made in the past half a spontaneous uprising against the Jews. consumers opt-out provision is enter into a century. From that point on, the Nazi regime with in- joint agreement. Then, presto, they are free to In this context, Mr. Speaker, it is important creasing violence stripped Jews of their rights. manipulate personal financial data in any way that we take note of a tragic anniversary on They were forced out of the schools and uni- they like. November 9thÐthe first physical violence versities, they were prohibited from practicing Nobody likes getting annoying calls from against Germany's Jews by Hitler's Nazi re- law, medicine, and other professions. Many pesky telemarketers at dinnertime. Well, once gime. That tragic occasion has been given the were evicted from their homes and their be- this bill passes, the telemarketing business will name ``Kristallnacht''ÐCrystal NightÐbecause longings were confiscated. Before long Jews go through the roof. Mergers between banks, of the number of broken and smashed win- were required to wear a yellow star of David securities firms and insurers will produce data dows that accompanied the racist violence. on their clothes so others could recognize they amalgamation like we've never seen before. Years of dehumanizing anti-Semitic propa- were Jewish. Many streets were declared off- Before long, your health insurer will be able to ganda in Germany, which was intensified after limits to Jews. get information on how money you make and Hitler and the Nazi party came to power in After years of anti-Semitic propaganda, what investment strategies you favorÐmaking 1933, prepared the way for Kristallnacht. The many Germans succumbed to racism, preju- underwriting that much easier. Your bank will aggressive racist and anti-Semitic policies of dice, intolerance, and discrimination. This ra- be able to easily look up how many checks the Third Reich saw their first expression in vi- cial hatred, which was given its defining vio- you've written to your psychiatristÐand use olence on November 9, 1938. Kristallnacht lent moment in Kristallnacht, led directly to the that information to help decide whether you're serves as a chilling reminder to what happens ``Final Solution,'' the fanatic Nazi drive to anni- an acceptable loan risk. when an inflamed mob mentality overtakes a hilate the Jewish race. For each piece of his- This is the dawning of a new Orwellian Age nation. tory, we must find a defining moment. For of Information. Mr. Speaker, Margret Hofmann was an eye- Nazi Germany, it was Kristallnacht. I urge my colleagues to oppose this ill-con- witness to the tragedy of Kristallnacht. She f ceived legislation. has devoted years of her life to researching f and studying the circumstances surrounding CONFERENCE REPORT ON S. 900, Kristallnacht and its consequences. I want to GRAMM-LEACH-BLILEY ACT PROVIDING FOR CONSIDERATION commend her for her work and insert some OF H.R. 3196, FOREIGN OPER- excerpts from her studies that make a valu- SPEECH OF ATIONS, EXPORT FINANCING, able contribution to our understanding of how HON. FORTNEY PETE STARK AND RELATED PROGRAMS AP- PROPRIATIONS ACT, 2000 Kristallnacht was a first step in setting in mo- OF CALIFORNIA tion the nightmare of the Holocaust. IN THE HOUSE OF REPRESENTATIVES In 1933, the German±Jewish poet Heinrich SPEECH OF Heine said, ``Where books are burnt, Man will Thursday, November 4, 1999 HON. MAX SANDLIN soon burn human beings.'' That is the point of Mr. STARK. Madam Speaker, the glaring OF TEXAS beginning of Margret Hofmann as she con- absence of any financial privacy provisions for IN THE HOUSE OF REPRESENTATIVES siders the background and meaning of affiliated entities in the financial modernization Kristallnacht. bill before us today is a sorry mistake. It is Friday, November 5, 1999 Books were burnt in Germany on May 10, wrong and inappropriate for Congress to, on Mr. SANDLIN. Mr. Speaker, the Foreign Op- 1933, people soon followed. In between the the one hand, enact legislation that explicitly erations Appropriations bill for FY 2000 rep- burning of the books and the burning of the allows mergers between banks, insurers and resents a product of bi-partisan negotiations.

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.002 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2297 Finally, the Republican leadership has agreed nancial services industry through deregulation. proach applies to Glass-Steagall and S. 900. to sit down with Democrats and work and an It is a worthy goal which I support. However, Why not just repeal the offending regulation? appropriations bill that doesn't face a veto this bill falls short of that goal. The negative In the banking committee, I offered an amend- threat. It funds the U.S. brokered Wye River aspects of this bill outweigh the benefits. Many ment to do just that. My main reasons for vot- Agreement, an important part of achieving a have already argued for the need to update ing against this bill are the expansion of the real and lasting peace in the Middle East and our financial laws. I would just add that I agree taxpayer liability and the introduction of even affirmation of our commitment to Israel, a crit- on the need for reform but oppose this ap- more regulations. The entire multi-hundred ical ally. proach. page S. 900 that reregulates rather than A vote for this bill is a vote for a strong With the economy more fragile than is popu- deregulates the financial sector could be re- leadership role for the United States. I urge larly recognized, we should move cautiously placed with a simple one-page bill. passage of this bill because foreign operations as we initiate reforms. Federal Reserve Board f bolster our military and national security. This Chairman Alan Greenspan (in a 1997 speech TRIBUTE TO THE GRANDMOTHERS legislation declares support for our armed in Frankfurt, Germany and other times), Kurt OF PLAZA DE MAYO services and for the men and women who risk Richebacher, Frank Veneroso and others, their lives to protect our freedom. have questioned the statistical accuracy of the f economy's vaunted productivity gains. HON. TOM LANTOS Federal Reserve Governor Edward Gramlich OF CALIFORNIA A TRIBUTE TO MILTON S. today joined many others who are concerned IN THE HOUSE OF REPRESENTATIVES HOFFMAN about the strength of the economy when he Monday, November 8, 1999 warned that the low U.S. savings rate was a Mr. LANTOS. Mr. Speaker, I would like to HON. NITA M. LOWEY cause for concern. Coupled with the likely de- bring to the attention of my colleagues the OF NEW YORK cline in foreign investment in the United service and commitment of some outstanding IN THE HOUSE OF REPRESENTATIVES States, he said that the economy will require womenÐthe Grandmothers of Plaza de Mayo. Monday, November 8, 1999 some potentially ``painful'' adjustmentsÐsome After 20 years, this non-profit organization has Mrs. LOWEY. Mr. Speaker, I rise today to combination of higher exports, higher interest located 64 disappeared children of Argentina, express my great admiration for Milton S. rates, lower investment, and/or lower dollar and helped reunite the victims with their fami- Hoffman, senior editor of the Editorial Board of values. lies, allowing them to recover their identity and Such a scenario would put added pressure The Journal News in Westchester County, NY. their history. I want to commend the Grand- on the financial bubble. The growth in money Mr. Hoffman's outstanding accomplishments in mothers of Plaza de Mayo on their efforts and and credit has outpaced both savings and the field of journalism and his significant con- their dedication in reuniting children who dis- economic growth. These inflationary pressures tributions to the government and civic life of appeared during the military dictatorship that have been concentrated in asset prices, not the county have merited him still another ruled Argentina from 1976 to 1983 with their consumer price inflationÐkeeping monetary awardÐthe press gallery in the chambers of legitimate families. policy too easy. This increase in asset prices Mr. Speaker, in 1976, the armed forces of the Westchester County Board of Legislators has fueled domestic borrowing and spending. Argentina began a process of systematically will be dedicated in his honor later this month. Government policy and the increase in violating some of the most fundamental A man of high principle, integrity and skill, securitization are largely responsible for this human rights. This despotism resulted in the Mr. Hoffman began his lifelong newspaper ca- bubble. In addition to loose monetary policies disappearance of over 30,000 persons, includ- reer as an elementary school student in West by the Federal Reserve, government-spon- ing hundreds of children. The Grandmothers Harrison, NY. In 1955, he started a 17-year sored enterprises Fannie Mae and Freddie of Plaza de Mayo have used many different stint covering Westchester County government Mac have contributed to the problem. The tactics to search for these children who dis- for a precursor of The Journal News. He pro- fourfold increases in their balance sheets from appeared during the brutal tyranny of the mili- vided consistently thorough and thoughtful 1997 to 1998 boosted new home borrowings tary regime. Their primary purpose is to pre- coverage of issues before the then-governing to more than $1.5 trillion in 1998, two-thirds of serve the identity, roots and history of these body, the County Board of Supervisors. His in- which were refinances which put an extra children, which are the fundamental basis for sightful writing also led to the replacement in $15,000 in the pockets of consumers on aver- human dignity. 1969 of the Board of Supervisors with a more ageÐand reduce risk for individual institutions Fortunately, advances in science and tech- representative and efficient County Board of while increasing risk for the system as a nology have made it possible for these fami- Legislators. lies to be reunited. Blood tests prove, with Mr. Hoffman continued his tireless advocacy whole. The rapidity and severity of changes in eco- 99.95 percent accuracy, that a child comes for progressive social policies as the state nomic conditions can affect prospects for indi- from a particular family. This is a difficult proc- government and politics reporter, editorial vidual institutions more greatly than that of the ess, for which the professionals and volun- page editor, columnist and now senior editor. overall economy. The Long Term Capital Man- teers involved must be commended. His philosophy throughout a distinguished 45- agement hedge fund is a prime example. New The Grandmothers of Plaza de Mayo have year career has been ``not to tear things down, companies start and others fail every day. committed themselves to this praiseworthy en- but to build them up.'' deavor. I am grateful for all they have accom- How fitting that the press gallery be named What is troubling with the hedge fund bailout was the governmental response and the in- plished, and I urge my colleagues to join me for a journalist who has trained, over four and in commending them for their outstanding ef- a half decades, thousands of young reporters crease in moral hazard. This increased indication of the govern- forts and devotion to the cause of bringing jus- in the principles of fairness and accuracy. In- tice to the families who suffered under Argen- deed, Westchester County today has a better ment's eagerness to bail out highly-leveraged, risky and largely unregulated financial institu- tina's brutal military regime. governing structure thanks to Milt Hoffman's f vision and leadership. And all of us in the tions bodes ill for the post S. 900 future as far County are richer because of his unfailing as limiting taxpayer liability is concerned. MEDICARE, MEDICAID, AND SCHIP dedication and commitment to making this a LTCM isn't even registered in the United BALANCED BUDGET REFINE- better place to live and work. States but the Cayman Islands! MENT ACT OF 1999 Government regulations present the great- f est threat to privacy and consumers' loss of SPEECH OF CONFERENCE REPORT ON S. 900, control over their own personal information. In the private sector, individuals protect their fi- HON. ROGER F. WICKER GRAMM-LEACH-BLILEY ACT OF MISSISSIPPI nancial privacy as an integral part of the mar- IN THE HOUSE OF REPRESENTATIVES SPEECH OF ket process by providing information they re- HON. RON PAUL gard as private only to entities they trust will Friday, November 5, 1999 OF TEXAS maintain a degree of privacy of which they ap- Mr. WICKER. Mr. Speaker, the Balanced IN THE HOUSE OF REPRESENTATIVES prove. Individuals avoid privacy violators by Budget Act included provisions to safeguard ``opting out'' and doing business only with the long term solvency of the Medicare sys- Thursday, November 4, 1999 such privacy-respecting companies. tem, but for a number of reasons the man- Mr. PAUL. Madam Speaker, today we are The better alternative is to repeal privacy dated reductions exceeded estimates and pro- considering a bill aimed at modernizing the fi- busting government regulations. The same ap- vided a lower level of reimbursement than

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.004 pfrm13 PsN: E08PT1 E2298 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 Congress directed. The Medicare Balanced more likely to sell their works than to con- Jim Cox began his public serviceÐand his Budget Refinement Act corrects this problem tribute them. Tom Downey, a former colleague time in CaliforniaÐwhen he joined the Navy at and restores vital funding to the Medicare proof ours, introduced similar legislation in 1985. 17 and moved to San Diego to be a medic. gram to allow health care providers to meet In his floor statement he noted that Igor Stra- He first joined city government as an intern in the needs of their communities. vinsky had planned to donate his papers to La Mesa, California, while attending San This important legislation will ease the finan- the Music Division of the Library of Congress Diego State College. After serving as assistant cial crisis which has threatened the quality of the month the 1969 tax change was signed city manager of Indio for two years, he went health care service for millions of Americans. into law. Instead, the papers were sold to a to work in the Mojave Desert hub of I am pleased we have been able to work in a private foundation in Switzerland. Now, 14 VictorvilleÐpopulation 11,290. bipartisan fashion to bring relief to the small years later the situation has not improved. It is He quickly took on increasing responsibility, rural community hospitals which provides the time to change our law to encourage rather going from administrative assistant in charge foundation for rural America. than discourage such contributions. of finance and personnel, to Director of Plan- I am hopeful that in addition to the sup- There have been significant changes in the ning, Assistant City Manager, and finally City porting this legislation, the Health Care Fi- valuation process since 1969. All taxpayers Manager in December 1969. nancing Administration will make the needed making charitable contributions of art work The city budget that year was $750,000. His administrative changes to ensure that small (other than donor generated art work) are re- final budget, submitted this year, was for $72 rural hospitals will receive adequate Medicare quired to: (a) provide and/or retain relevant in- million, for a city with a population of 63,478. reimbursement. I look forward to working with formation as to the value of the gift, (b) pro- As one of the longest-serving managers in HCFA and member of both political parties to vide appraisals by qualified appraisers or, in California, Jim Cox provided a stabilizing influ- restore balance to the Medicare system. some cases, (c) subject them to review by the ence not only for his rapidly growing city, but f IRS's Art Advisory Panel, depending on the also for the entire Victor Valley, whose popu- dollar amount of the contribution. These lation has grown ten-fold in the past 30 years. THE ARTISTS’ CONTRIBUTION TO changes would apply to creator-donated prop- He was instrumental in helping the region AMERICAN HERITAGE ACT erty under our proposal. weather the closure of George Air Force Base In addition to the valuation safeguards al- in 1988, and its economic revival over the past HON. AMO HOUGHTON ready in the law, our proposal would add addi- 10 years. tional protections to prevent abuse. These in- OF NEW YORK Adding to his extensive public service cre- clude the following: (a) limiting the value of the IN THE HOUSE OF REPRESENTATIVES dentials, Cox is a California Redevelopment deduction to the amount of income the creator Association director and on the Revenue and Monday, November 8, 1999 received from similar property, (b) providing Taxation Committee for the League of Cali- that the deduction can only be claimed in the Mr. HOUGHTON. Mr. Speaker, I am fornia Cities. He is chairman for the Victor Val- year of contribution, i.e., the carryover rules do pleased to join my colleague from Maryland, ley Transit Board of Directors and served on not apply, (c) limiting the deduction to property Mr. CARDIN, together with a bipartisan group of the County Formation Review Committee. created at least 18 months before the con- our colleagues, in introducing the ``Artists' He is an instructor with a lifetime teaching tribution, (d) limiting the deduction to gifts re- Contribution to American Heritage Act of credential at California State University, San lated to the purpose of the institution which re- 1999.'' The bill would alleviate an unfairness in Bernardino and at Victor Valley Community ceives it, and (e) excluding contributions of the tax law as it applies to charitable dona- College. His community activities include the property (letters, memos, etc.) created by tax- tions of property by the taxpayer/creator and Victorville Chamber of Commerce Board of Di- payers in their role as employees or officers of significantly enhance the ability of museums rectors and Rotary International. an organization. and public libraries to acquire important origi- Mr. Speaker, Jim Cox has been justifiably nal works by artists, writers and composers, The benefit to the nation when artists are encouraged to contribute their work during credited with helping Victorville and the Victor and ensure the preservation of these works for Valley grow from a desert hamlet to a vital, future generations. their lifetime cannot be overemphasized. It allows the public, historians, scholars and others successful city in one of the fastest-growing Since 1969, the law has provided that the areas of California. Please join me in con- creator of the artistic property is only allowed to learn from the artist his/hers aesthetic aims for the work; how it was intended to be dis- gratulating him on his years of public service, a charitable deduction equal to the cost of the and wishing him well in his future endeavors. materials that went into the property. For ex- played, performed, or interpreted; and what in- ample, an established artist who donates a fluences affected the artist. f painting to the local museum is allowed a de- Our proposal represents an important step duction for the cost of the canvas, brushes in providing some tax incentive, with needed REPUBLICANS BLOCK DEMOCRATS and paint, etc., used to produce the painting. safeguards, for the creators and moves toward FROM OFFERING MAJOR IM- Of course, these amounts are de minimis. putting them on the same footing as collectors PROVEMENTS TO MEDICARE There is no real tax incentive to contribute who contribute similar property. Most impor- such works of art for the public to enjoy. In tantly, it could make the difference in a deci- HON. FORTNEY PETE STARK sion by the creator/donator to contribute some fact, the tax law works in the other direction. OF CALIFORNIA of their created art works to a museum or pub- It makes more financial sense to the creator to IN THE HOUSE OF REPRESENTATIVES sell his or her work. If a collector or art buff lic library, rather than sell them in the market- buys a painting that appreciates over time, be- place. That way important works are pre- Monday, November 8, 1999 cause the artist becomes well-established or served in the public domain and we all benefit. Mr. STARK. Mr. Speaker, last Friday, the was a known and collected artist when the We urge our colleagues to join us in cospon- House passed an okay Medicare improve- painting was purchased, the collector is al- soring this legislation. ments bill. lowed a deduction for fair market value when f But it could have been much better; it could the painting is contributed to the local mu- A TRIBUTE TO JIM COX FOR 30 have helped seniors get a better price for seum. This is the fairness issue. YEARS AS CITY MANAGER OF pharmaceuticals; it could have helped low-in- There has not always been such disparate VICTORVILLE, CALIFORNIA come women fight cancer; it could have pro- tax treatment. Before 1969, the artists/tax- vided more help to providers hurt by excessive payers received the same treatmentÐthe de- HON. JERRY LEWIS cuts in the 1997 Balanced Budget Act. But duction was based on fair market value. The Republicans blocked any amendments to the OF CALIFORNIA law was changed, primarily because of the billÐthey did not want to be embrassed by IN THE HOUSE OF REPRESENTATIVES perception that some taxpayers were taking having to vote against helping seniors with the advantage of the law through less than accu- Monday, November 8, 1999 high costs of drugs. rate valuations of their charitable gifts. Mr. LEWIS of California. Mr. Speaker, I Following is a letter which 119 Democrats After the change in 1969, gifts of donor gen- would like today to recognize the remarkable (many more would have signed if we had had erated art work (paintings, manuscripts, com- career of Jim Cox, who came to Victorville, more time) sent to the Speaker, outlining our positions, artistic and historically significant California in 1967 as an administrative assist- request for amendments to H.R. 3075. correspondence and papers) to qualifying ant, became city manager in 1969 and guided Mr. Speaker, the majority should be charitable organizations and governmental en- the city in that position for 30 years until his ashamed for a legislative gag rule that pre- tities dropped significantly. Creators were recent retirement. vented us from improving this legislation.

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.007 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2299

CONGRESS OF THE UNITED STATES, the cuts in the 1997 BBA and will allow Medi- Berry, Bob Borski, Rick Boucher, Corrine HOUSE OF REPRESENTATIVES, care beneficiaries to continue to receive high Brown, Sherrod Brown, Lois Capps, Michael Washington, DC, November 4, 1999. quality care. Capuano, John Conyers, Ben Cardin, Julia Hon. DENNIS HASTERT, The attached memo describes these amend- Carson, Bob Clement, Bill Coyne, Elijah Speaker of the U.S. House of Representatives, ments in more detail. Cummings, Danny Davis, Jim Davis. The Capital, Washington, DC. HELP SENIORS WITH THE HIGH COST OF Peter DeFazio, Diane DeGette, Rosa DEAR MR. SPEAKER: We are writing to ask PHARMACEUTICALS DeLauro, Peter Deutsch, John D. Dingell, that you not bring the Medicare Balanced We believe we need to help all Medicare Julian Dixon, Lloyd Doggett, Eliot Engel, Budget Act legislation (HR 3075 as amended beneficiaries with a prescription drug insur- Anna G. Eshoo, Lane Evans, Eni in negotiations with Commerce Committee ance benefit, but that is a larger issue that Faleomavaega, Sam Farr, Michael Forbes, Republicans) to the floor under suspension of cannot be addressed in this limited BBA cor- Bart Gordon, Gene Greene, Ralph Hall, Earl the rules, but instead provide a rule permit- rections legislation. We hope, Mr. Speaker, Hilliard, Maurice Hinchey, Darlene Hooley, ting Democratic amendments and a motion that you will make this a priority issue for Steny Hoyer, Paul Kanjorski, Carolyn Kil- to recommit. Because Democrats were not the Second Session of this Congress. patrick, Ron Klink, Dennis J. Kucinich, included in the negotiations between the In the meantime, we do believe that this John LaFalce, Tom Lantos. Ways and Means and Commerce Committee bill gives us the one opportunity this year to Barbara Lee, Sandy Levin, John Lewis, Republican members, it is particularly im- help seniors with the exorbitant cost of pre- Nita M. Lowey, Bill Luther, Karen McCar- portant that we be offered the opportunity scription drugs. We propose an amendment thy, Jim McDermott, Jim McGovern, Mike for floor amendments. which was offered in the Ways and Means McNulty, Carolyn B. Maloney, Jim Maloney, While the Republican bills that have been Ed Markey, Matthew Martinez, Robert T. introduced provide a great deal of needed re- Committee by Rep. Karen Thurman (and supported by all the Democratic members of Matsui, Carrie Meek, Robert Menendez, lief, we believe that (1) some additional relief George Miller, Joe Moakley, Jerry Nadler, to providers, (2) some beneficiary improve- the Committee) that makes the Allen-Turn- er-Waxman-Berry pharmaceutical discount Richard Neal, Eleanor Holmes Norton, Jim ments (in particular help with the high cost Oberstar, John Olver, Major Owens. of pharmaceuticals), and (3) some alternative bill (HR 664) germane to Medicare. Basically, the amendment says that if a drug manufac- Frank Pallone, Donald Payne, Nancy policies are desperately needed. Pelosi, David Phelps, Earl Pomeroy, Nick The amendments we propose would provide turer wants to sell pharmaceuticals to a hospital participating in Medicare, it must also Rahall, Charles Rangel, Lynn Rivers, Ciro an additional $2.4 billion in paid-for relief, Rodriguez, Carols Romero-Barcello, Lucille with some going to beneficiaries in lower make available to pharmacies for sale to seniors drugs at the best available price for Roybal-Allard, Bobby Rush, Martin Sabo, pharmaceutical prices and other program Bernie Sanders, Tom Sawyer, Jan improvements. Our amendments would also which they offer that drug. By some estimates, this type of program could lower drug Schakowsky, Louise Slaughter, Vic Snyder. eliminate several policies in the Republican Debbie Stabenow, Peter Stark, Ted Strick- costs to seniors by as much as 40%. bill which the Administration has identified land, Bart Stupak, Ellen Tauscher. as unworkable or which would hurt Medicare If we can’t pass a major Medicare drug reform bill this fall, we can at least give sen- Mike Thompson, Karen Thurman, John beneficiaries. Tierney, Edolphus Towns, Jim Traficant, As fiscally responsible Democrats, we are iors a chance for the discounts available to large buyers. Peter Visclosky, Maxine Waters, Melvin concerned that the Republican bill is not Watt, Henry Waxman, Robert Wexler, Robert paid for, and we urge you to find a way to PREVENTING BAD POLICIES Weygand, Bob Wise, Lynn Woolsey, Al Wynn. pay for it, rather than further spending So- If the Majority bill includes certain provi- cial Security surpluses. For example, be- sions, we ask that the rule governing debate cause it is not currently paid for, the Ways permits us to strike those anti-beneficiary Issue Area: and Means bill (HR 3075) shortens the sol- and anti-consumer provisions: In addition to HR 3075, a $2.4 billion paid- vency of the Medicare Part A Trust Fund by Specifically, we are concerned that the Ad- for package [dollars expressed as addi- at least a year, and increases Part B pre- ministration has warned that the hospital tions to costs in HR 3075] miums for seniors. out-patient department (HOPD) provisions of Hospitals: Therefore, to avoid this problem, we pay the Ways and Means bill are so complicated Freeze indirect medical education cut for 1 for the additional relief offered by our that they will delay the start of HOPD Pro- year more than HR 3075 ($0.2); Freeze dis- amendments. Thus we do not hurt Medi- spective Payment (PPS) by at least a year. proportionate share hospital cuts for 1 care’s solvency. The $2.4 billion in relief over Such a delay in the PPS will cost bene- year more than HR 3075 ($0); Carve out five years is paid for by $2.4 billion in Medi- ficiaries about $1.4 billion, with patients’ DSH payments from payments to M+C care savings from the President’s budget pro- share of total HOPD payments running about plans. Moves about $1 billion per year to posal of last January. These savings come 50%. We would move to strike the House the nation’s safety net hospitals; is not from Medicare anti-fraud, waste, and abuse HOPD provisions in favor of the Senate’s in HR 3075 ($0). proposals. more administrable proposals, but keep the Rural hospitals: PROVIDING NEEDED ADDITIONAL RELIEF amount of relief to hospitals and patients at Tanner Amendment to protect rural and The $2.4 billion provides important, much the House level. cancer hospitals against outpatient de- needed additional relief to Second, if the Majority bill includes the partment PPS cuts (HR 3075 phases in —beneficiaries to meet the cost of fighting ‘Commerce Republicans’ provision giving cuts to these hospitals, still leaving huge cancer and the high costs of pharmaceutical ‘‘deemed status’’ to HMOs, we would strike payment reductions) ($0.2). insurance 1 that provision. An overwhelming number of $1500 therapy caps: —teaching hospitals, House members have just voted in favor of Strike HR 3075 limits by suspending caps —safety net hospitals, which have the low- higher quality in managed care plans. There- for 2 years while a new, more rational est overall operating margins, fore, we find it incredible that the majority system is developed (net $0). —rural hospitals, which have the lowest may be proposing an amendment to the BBA Community health centers & rural CHCs: Medicare margins, which would weaken our ability to ensure Establish a PPS system which protects —skilled nursing homes, quality by turning over approval of these CHCs against State Medicaid cuts ($0.2). —home health agencies which are serving plans to participate in Medicare to private Nursing homes: the sickest patients, groups which are often dominated by the Raise HR 3075’s payment to high acuity —a more rational rehabilitation cap pro- very industry they are supposed to be regu- cases from 10% to 30% ($0.1); Raise HR gram that will help our most severely dis- lating. If such ‘deemed status’ language is 3075’s nursing home inflation adjustment abled stroke patients and amputees, included, we will seek to strike it in order to from 0.8% in FY01 to 1% ($0.1) and au- —help for hospice agencies facing sky- protect beneficiaries. thorize extra payments for hi cost of liv- rocketing pharmaceutical costs for end-of- Third, as mentioned above, we propose to ing in Hawaii and Alaska. life painkillers, and Physicians: —the Medicaid and Children’s Health In- strike the unworkable $1500 limit on reha- Study of why payment rates in certain surance Program, to help the providers serv- bilitation caps for two years while the Sec- States and Puerto Rico are low. ing the low income and to help Puerto Rico retary develops a rational therapy payment Home health: and the Possessions with more adequate pay- plan. This is the same approach as taken by Provide $250 million ‘‘outlier’’ pool for ment rates. the Senate Finance Committee. This additional relief will further ensure In conclusion, our beneficiaries and pro- home health agencies that treat tough that Medicare beneficiaries are buffered from viders need the improvements made by the cases ($0.3) HR 1917, by Rep. Jim McGov- Democratic amendment. We urge you to ern and 102 cosponsors. make it in order. Thank you for your consid- Hospice: 1 We assume that the bill the Majority brings to eration. Eliminate 1% cut in FY 01 and 02 ($0.2). the floor will include an expansion of Medicare’s Sincerely, Medicaid: coverage of immuno-suppressive drugs, so that transplant patients do not suffer organ rejection. If Neil Abercrombie, Gary Ackerman, Tom Help for Medicaid DSH formula errors in this provision is not included, we ask permission to Allen, Robert Andrews, Tammy Baldwin, NM, DC, MN, and WY ($0.2) Permanent include it and pay for it with additional anti-fraud Tom Barrett, Jim Barcia, Xavier Becerra, fix for CA Medicaid DSH problem $0; Help and abuse provisions. Shelly Berkley, Howard Berman, Marion families not lose Medicaid coverage as a

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.010 pfrm13 PsN: E08PT1 E2300 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 result of delinking of welfare and Med- CONFERENCE REPORT ON S. 900, The story of CRA's important role in the ref- icaid eligibility ($0.2). GRAMM-LEACH-BLILEY ACT ormation of Swan's Marketplace is not a rare CHIPs: occurrence. Community after community have Increase CHIPs amount for Possessions and SPEECH OF called on members of the Banking Committee provide technical fix to CHIPs formula HON. BARBARA LEE and the Commerce Committee to protect, and ($0.1). to include the CRA provisions in any banking Beneficiary improvements: OF CALIFORNIA modernization bill. I have worked since I Immuno-suppressive drugs, cover without IN THE HOUSE OF REPRESENTATIVES joined Congress over a year ago, to include a time limit ($0.3); Allow States to re- Thursday, November 4, 1999 quire M+C plans to cover certain benefits the basic elements of CRA in H.R. 10. Ms. LEE. Madam Speaker, I rise to express The House-passed version of the Financial (like MA used to do with Rx ($0); Allow my concern as well as that of my constituents people abandoned by M+C plans to buy a Modernization bill, to my mind, had fairly weak regarding the Senate version, the Gramm medi-gap policy which covers Rx ($0); CRA provisions by excluding securities and in- Coverage of cancer treatment for low-in- version, of the Financial Services Moderniza- surance functions. But the Gramm version come women ($0.3) HR 1070, by Rep Eshoo tion Act. weakens these protections even further by re- and Lazio and 271 cosponsors. The initial report by the media that the con- quiring banks to report every 5 years. Pay-fors: ference report met the expectations of con- Senator GRAMM added a wickedly ironical 3 Medicare items from President’s budget: sumer advocates raised hopes that the Senate provision that he describes as a ``sunshine'' mental health partial hospitalization re- would meet the House's commitment to two regulation. In California sunshine provisions form, Medicare Secondary Payer data major aspects of this critically important bill: protect citizens by requiring that the legislative match, and pay for outpatient drugs at the Community Reinvestment Act provisions bodies act with proper and timely notice being 83% of average wholesale price. ($2.4). and the necessary protection of the privacy of given to the public on time of meeting and consumer, customer information, and records. publication of issues to be discussed. f I continue to want to vote for a Financial Serv- This sunshine provision in Senator GRAMM's ices Modernization bill. bill is a terrible perversion of that protection. CONGRATULATING JOSEPH I want to address the importance of the This provision mandates that community orga- MOFFETT ON HIS BEING SE- Community Reinvestment Act which is also nizations working with banks to produce more LECTED TO COMPETE IN THE known as CRA. This act was passed almost affordable housing have to report on their 30 years ago to say that banks should also NATIONAL BIRDING COMPETI- functions, and their contracts. These reporting lend to low-income customers and neighbor- TION requirements are not made of financial institu- hoods in their areas of operation. In the 23 tions, only community organizations. Instead years of bank practices to meet CRA provi- of treating these groups as heroes for their HON. RICHARD E. NEAL sions, an impressive $1 trillion has been gen- life-saving, community-saving work, they must erated as loans to low-income customers; the report like criminals. OF MASSACHUSETTS clear majority of banks recognize the value of Presently, banks have to meet a satisfactory CRA as a powerful tool to build community rating, and then maintain it in order to be fa- IN THE HOUSE OF REPRESENTATIVES trust and respect for the otherwise cold marble vorable considered for expansion or mergers. Monday, November 8, 1999 and steel of stone-hearted bankers. S. 900 allows these banks to meet the ``satis- Let me share a success story of CRA in my factory'' standard only once and frees them Mr. NEAL of Massachusetts. Mr. Speaker, I community, affecting my constituents in Oak- from further obligation to maintain it. Do it rise today to congratulate Joseph Moffett for land and adjoining cities. The success story is once and you are free of obligations there- being selected to the ABA/Leica Tropicbirds about an old, crumbling, and once-beloved after. This is a terrible travesty of present CRA Team of 1999. Joseph, along with three other vegetable and meat market known as Swan's practices. youths, has been chosen to compete in The Marketplace. The other major weakness in S. 900 has to In the last two decades, as residents and Florida Space Coast Flyway Festival do with the easy access to customer's private businesses flowed out of downtown, Swan's information that is available. Presently, each birdathon. This is a national birding competi- found it more and more difficult to survive. It one of the three functions: banking, insurance, tion which will be held on November 13, 1999. finally had to close. Stories were written about and securities, cannot share their customers' Joseph, who is fifteen years old, lives in its demise. It took years, but the city govern- information with each other. With the passage Mendon, Massachusetts and is a member of ment and the people of Oakland and commu- of S. 900 the walls are down. the ABA and the Massachusetts Audubon So- nity agencies knowledgeable about CRA, our Insurance companies have records on a community heroes, the very same people that ciety. Joe is also a member of many other customer's health. This record will now be Senator GRAMM so recklessly labels as ``extor- available to the bank, or the insurance com- birding clubs including; the Brookline Bird tionists,'' pulled together, in a magnificent civil pany that can now offer banking services, Club, the Forbush Bird Club, and the Stony effort to create a wonderful center combining when you apply for a loan. Is this information Brook Bird Club. Joe works at the Stony Brook almost every aspect of community develop- that should be so easily available. Is this what Audubon Sanctuary as a volunteer naturalist ment into one square city block. The heroes our constituents would allow? I don't think so. and a councilor in training. Joe also takes part and sheroes who put this together say: ``We However, should customers want to know in the Christmas Bird Count and Massachu- have a market, affordable housing, services to how the bank, or the insurance company, or setts Audubon Birdathon fund-raiser. Joe special populations and community revitaliza- the securities sales office is handling their ac- keeps lists of the birds he sees on various tion. On top of that, we've included use of the count and ask for a record, and possibly make birding outings and submits them to the Bird arts for economic development and restored the necessary corrections, they will not be and preserved a city historic landmark.'' Observer, a birding journal. able to do so. We are considering legislation I hardly have to add that the housing is a that could really produce nightmare situations In addition to Joe's birding skills, he is also wonderful plus in an area with severe housing for our constituents. a proponent of environmental protection. Joe shortages, and that jobs have been created, S. 900 only asks that banks report their plan has started a rainforest club in his school and and that an essential community success has to protect privacy without any obligation to any has raised money to save acreage of a added to the revitalization of a declining down- one, or any institution to implement it, to mod- rainforest. Most of the birding events that Joe town not only during the day but also at night. ify it, or to improve it. This is a hollow require- Swan's was complex from a banking per- participates in are also fund-raisers, which ment, devoid of substance. spective. ``There's nothing commonplace These are two of the major flaws of S. 900. raise money for the protection of new bird about it'' said a representative from a large But I have to raise the objections that I raised species that are found during the events and local bank that provided a $7.8 million con- in the Banking Committee about the con- for the protection of birds in general. struction loan. CRA had encouraged banks to sequences of financial services modernization Mr. Speaker, it is my great pleasure to con- look at financing difficult projects that benefit without appropriate safeguards. gratulate Joseph Moffett on his accomplish- communities. Before CRA, banks may have S. 900 will allow for further mergers and ments and commend him for being a model dismissed the project as too difficult, but CRA conglomeratization. It will once again expose citizen and a great influence to his community. has provided the needed motivation which has us to the congressional, national liability for prompted banks to successfully invest in com- the $500 billion bailout of the savings and loan munities. industry of the 1980's.

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.014 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2301 The conglomerates will be too big to regu- Center Foundation, Inc., a New York based HOUSE OF REPRESENTATIVES, late and too big to fail and the taxpayer will be tax±exempt organization created in 1995 to COMMITTEE ON COMMERCE, stuck with the consequences. support the Center's creation, and its founder Washington, DC, November 5, 1999. Additionally, along with my colleagues, Rep- Hon. BILL ARCHER, and president, noted philanthropist Fred Chairman, Committee on Ways and Means, resentatives WATERS, FRANKS, SANDERS, Schwartz. Mr. Schwartz and his lovely wife, Washington, DC. JONES of Ohio, and SCHAKOWSKY, we have Allyne, visited Auschwitz in 1993 and shortly DEAR BILL: I am writing regarding H.R. tried to introduce the most basic of consumer after began the process of creating an institu- 3075, the Medicare Balanced Budget Refine- protections as we give the financial services tion that would help to ``attach human charac- ment Act of 1999. As you know, the Com- what they want. We have tried to protect fair teristics to the people who perished there.'' mittee on Commerce is an additional com- housing by prohibiting insurance companies Fred set up the Auschwitz Jewish Center mittee of jurisdiction for the bill, and I understand that the version of the bill that will from discriminating, and we have tried to es- Foundation and, aided by the devoted efforts tablish limited basic banking accounts for low- be considered under the suspension calendar of executive director/vice president Daniel will contain a number of Medicaid provisions income customers, but without success. Eisenstadt and a wealth of other talented indi- This financial modernization bill, S. 900, or which fall within my Committee’s exclusive viduals, and the Center has contributed im- jurisdiction. H.R. 10, is the product of 20 years of effort. measurably to the memory of the victims of However, in light of your willingness to It saddens me to see 20 years of work dis- Auschwitz and the Holocaust. work with me on those provisions within the solve into this miserable bill. I ask my col- Commerce Committee’s jurisdiction, I will leagues to vote against it. Mr. Speaker, Fred and Allyne Schwartz and not exercise the Committee on Commerce’s f all of their associates involved in the establish- right to act on the legislation. By agreeing ment of the Auschwitz Jewish Center merit the to waive its consideration of the bill, how- GROUNDBREAKING OF THE appreciation of every Member of the House. ever, the Commerce Committee does not AUSCHWITZ JEWISH CENTER As a Holocaust survivor, I am grateful to them waive its jurisdiction over H.R. 3075. In addi- for paying tribute to the most horrendous leg- tion, the Commerce Committee reserves its HON. TOM LANTOS authority to seek conferees on any provi- acy of the twentieth century. As a grandfather, sions of the bill that are within its jurisdic- OF CALIFORNIA I am even more indebted to them for keeping tion during any House-Senate conference IN THE HOUSE OF REPRESENTATIVES this memory alive for the twenty±first century that may be convened on this legislation or Monday, November 8, 1999 and beyond. similar legislation. I ask that you support Mr. LANTOS. Mr. Speaker, today I invite my our request in this regard. f I ask that you include a copy of this letter colleagues to join me in commemorating the and your response in the Record during con- official ground±breaking for the Auschwitz sideration of the bill on the House floor. Jewish Center a tribute to the Jews who per- MEDICARE, MEDICAID, AND SCHIP BALANCED BUDGET REFINE- Thank you for your consideration and assist- ished in this century's most senseless tragedy. ance. I remain, The Center, located in the last remaining syn- MENT ACT OF 1999 Sincerely, agogue in the town of Oswiecim (the Polish TOM BLILEY, Chairman. name for Auschwitz), will offer visitors to the SPEECH OF site of the Auschwitz±Birkenau death camp an opportunity for reflection, education, and un- HON. BILL ARCHER f derstanding of the enormous loss inflicted by MARCIA M. STEWART: HAPPY the Holocaust. OF TEXAS TRAILS The groundbreaking for the Auschwitz Jew- IN THE HOUSE OF REPRESENTATIVES ish Center takes place on the eve of the sixty± first anniversary of Kristallnacht (``The Night of Friday, November 5, 1999 HON. DON YOUNG Broken Glass''), the 1938 Nazi pogrom that OF ALASKA Mr. ARCHER. Mr. Speaker, I would like to foreshadowed the Holocaust and marked the IN THE HOUSE OF REPRESENTATIVES submit for the RECORD the attached letters beginning of the Nazi effort to exterminate the Monday, November 8, 1999 Jews. Ninety±one German and Austrian Jews which I and the Chairman of the Committee were murdered during Kristallnacht, and on Commerce have exchanged regarding H.R. Mr. YOUNG of Alaska. Mr. Speaker, it is 26,000 more were arrested and deported to 3075, the Medicare Balanced Budget Refine- with deep regret that the Committee on Re- concentration camps. Nazi thugs set fire to ment Act of 1999. sources bids farewell to Marcia Stewart, Legis- 101 synagogues and destroyed almost 7,500 HOUSE OF REPRESENTATIVES, lative Assistant to the Chief Counsel of the Jewish±owned businesses. This evening of COMMITTEE ON WAYS AND MEANS, Committee. Marcia has been not only the right Washington, DC, November 5, 1999. terror and brutality marked the beginning of hand of the Chief Council's office, but often Hon. THOMAS J. BLILEY, Jr. the heart, head and both feet. the end of German Jewry. Kristallnacht, which Chairman, House Committee on Commerce, was orchestrated by Nazi Propaganda Minister Washington, DC. Marcia Stewart is one of those staffers often Joseph Goebbels, was an attempt perma- seen but seldom heard. Her job was not a DEAR CHAIRMAN BLILEY: This is in response glamorous one, but one which was integral to nently to wreck the cultural and civic infra- to your letter regarding further consider- structure of the Jewish people in the hope that ation of H.R. 3075, the Medicare Balanced the efficient and effective operation of the Jews would never again find comfort in Ger- Budget Refinement Act of 1999. Committee on Resources. With her help, the Resources Committee has been one of the many. I understand that, in order to expedite con- Mr. Speaker, the anniversary of Kristallnacht sideration of this legislation, the Committee most productive in the House and she had a reminds us yet again why the establishment of on Commerce will not be marking up the hand in every bill we moved (and we have the Auschwitz Jewish Center holds such great bill. The Commerce Committee will take moved hundreds so far). Her presence in significance. The Center will offer visitors sem- this action based on the understanding that markups, in hearings and on the Floor en- inar rooms, a library, a memorial wall to vic- it will be treated without prejudice as to its sured that all would go well. In fact, her very tims of the Holocaust, genealogy records, and jurisdictional prerogatives on this measure first time staffing a bill on the Floor, the vote a screening room for viewing testimonials from or any other similar legislation. Further, I was unanimous, probably because no one have no objection to your request for con- could bear to disappoint her. Holocaust survivors which will be made avail- ferees with respect to matters in the Com- able through an agreement with Steven merce Committee’s jurisdiction if a House- Marcia came to the Committee from the Spielberg's Shoah Foundation. It will allow Senate conference is convened on this or former Committee on Merchant Marine and guests to learn about Oswiecim's rich Jewish similar legislation. Fisheries, where she served as a staff assist- history, which dates back to medieval times, Finally, I will seek to include in the ant. Even then, her extraordinary skills were and it will permit them to ponder over the de- Record a copy of our exchange of letters on apparent, and she was a clear choice for the struction of this community and thousands like this matter. Thank you for your assistance demanding duties of the Chief Counsel's office it across Europe. Most of all, the Center will and cooperation in this matter. when I became Chairman of the Resources offer Jews and non±Jews alike the opportunity With best personal regards, Committee in the 104th Congress. Her exper- to mourn and remember. Sincerely, tise and organizational skills have kept our I urge my colleagues to join me in praising BILL ARCHER, legislative and oversight trains running on the accomplishments of the Auschwitz Jewish Chairman. time. That is why I am not surprised that

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.017 pfrm13 PsN: E08PT1 E2302 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 Marcia Stewart is known as the ``Martha Stew- nancial institution enters a ``joint marketing pays lip service to the functional regulation of art of legislation.'' Not bad for a woman who agreement'' with unaffiliated third parties. This securities by the SEC, it, in fact, creates too was a toddler when I began my career in Con- loophole makes the privacy protections about many loopholes in securities regulationÐtoo gress. as effective as a lace doily would be in holding many products are carved out, and too many Marcia and her two-year-old daughter, Abi- back a flood. activities are exemptedÐthus preventing the gail, will be joining Marcia's husband Tim Third, this bill undermines the Community SEC from effectively monitoring and protecting Stewart in Salt Lake City, where they will be Reinvestment Act. Many of my colleagues will U.S. markets and investors. In a final indignity, giving up the white columns of the Capitol for speak to this point more eloquently than I, and the effective date of the securities title was ex- the wide open spaces of the West. All I can I associate myself with their remarks. At the tended mysteriously to 18 months from the say is Congressman JIM HANSEN district's gain appropriate point, I will include National Com- one year approved by the conference com- is our loss. munity Reinvestment Coalition's letter in the mittee. So, the title I Glass-Steagall repeal is We will miss you, Marcia Stewart, and wish RECORD. effective 120 days after date of enactment, the you and your family a wonderful life in Utah. Fourth, it undermines the separation of insurance provisions are effective on date of I thank you for your service to me, to the banking and commerce. Title IV closes the enactment, the pitiful privacy provisions are ef- Committee on Resources, to the Congress unitary thrift loophole by barring future owner- fective six months after the date of enactment, and to America. ship of thrifts by commercial concerns. But but the banks do not have to comply with the f about 800 firms that are grandfathered can federal securities laws until 18 months or a engage in any commercial activity, even if year and a half after the date of enactment. CONFERENCE REPORT ON S. 900, they were not so engaged on the grandfather This makes absolutely no sense whatsoever, GRAMM-LEACH-BLILEY ACT date. Moreover, title I allows the new financial but, considering all the other problems with holding companies (which incorporate com- SPEECH OF this bill, is par for the course. mercial banks) to engage in any ``complemen- I support modernization of our financial HON. JOHN D. DINGELL tary'' activities to financial activities determined laws. I support competition and innovation. I OF MICHIGAN by the Federal Reserve. And in a piece of cir- do not believe either should be accomplished IN THE HOUSE OF REPRESENTATIVES cular mischief, any S&L holding company, at the expense of taxpayers, depositors, inves- whether or not grandfathered, can engage in Thursday, November 4, 1999 tors, consumers, and our communities. any activities determined to be ``complemen- S. 900 is a bad bill for the reasons I have Mr. DINGELL. Madam Speaker, to para- tary'' for financial holding companies. Title I of outlined. I therefore refused to sign the con- phrase the words Charles Dickens penned in S. 900 also waters down the prudential limita- ference report and I will vote ``no'' on passage. 1859, this is the best of bills; this is the worst tions that the House had imposed on mer- f of bills. It is an act of wisdom; it is an act of chant banking. S. 900 clearly ignores the foolishness. It wisely recognizes the techno- warning of then Treasury Secretary Rubin to CONFERENCE REPORT ON S. 900, logical and regulatory changes that have Congress in May of this year: ``We have seri- GRAMM-LEACH-BLILEY ACT blurred the lines between industries and prod- ous concerns about mixing banking and com- SPEECH OF ucts, and builds a new regulatory structure to mercial activities under any circumstances, house and foster competition and innovation. and these concerns are heightened as we re- HON. CAROLYN C. KILPATRICK However, it unwisely fails to recognize that, for flect on the financial crisis that has affected so OF MICHIGAN all that has changed dramatically, human na- many countries around the world over the past IN THE HOUSE OF REPRESENTATIVES ture has not. Prodigious failures and frauds two years.'' Thursday, November 4, 1999 are no less possible, indeed, perhaps are Fifth, the conference agreement would let even more likely today. Yet S. 900 provides banks evaluate and process health and other Ms. KILPATRICK. Madam Speaker, I rise inadequate protections for taxpayers, deposi- insurance claims without having to comply today in support of S. 900, the Financial Serv- tors, investors, and consumers. with state consumer protections. This means ices Modernization Act. This conference report Now, I can tell that some of my colleagues that banks, of all people, will make important is the culmination of years of efforts on the are bracing themselves for a speech about the medical benefit decisions that patients and part of Congress, several Administrations, and Crash of 1929 and the Great Depression that doctors should make. According to the Na- federal financial regulators to create a rational followed it. I am not giving that speech today. tional Association of Insurance Commis- and balanced structure to sustain the contin- I am not opposing S. 900 because I am stuck sioners, S. 900 could prevent up to 1,781 ued global leadership of our nation's financial in the past. I am opposing S. 900 because it's state insurance consumer protection laws and service sector. This is not a perfect bill. I a bad bill today and for the future. About the regulations from being applied to banks that would like for the Community Reinvestment past, I will only observe that he who does not conduct insurance activities. State laws could Act (CRA) provisions and the privacy provi- learn from it, is doomed to repeat it. This bill be preempted that require consumers to be sions of the bill to be strengthened, but I un- bears dangerous seeds. paid claims they are due and that protect con- derstand the political process involves com- First, S. 900 facilitates affiliations between sumers against predatory practices of banks promise, and this legislation represents just banks, brokerages, and insurance companies, that sell credit insurance. S. 900 also pre- that. As a former member of the Banking creating institutions that are ``too big to fail.'' empts state consumer privacy laws restricting Committee, I know that the agreement However, it does not reform deposit insurance the dissemination of medical and other per- reached by the members of the Conference or antitrust implementation and enforcement. sonal information by a bank engaged in insur- Committee and the Administration is built on The bill's supporters tout all the benefits to ance activities. The conference committee re- the consensus that exists among the banking, consumers, but woe to the American people jected an amendment that I offered to address securities and insurance firms regarding the when they have to pick up the tab for one of these serious shortcomings. need for this legislation. This act will benefit these failures or when competition disappears Sixth, S. 900 contains provisions (subtitle B consumers, businesses and the economy by and prices shoot up. of title III) on the redomestication of mutual in- finally reforming our antiquated banking and fi- It also authorizes banks' direct operating surers that are opposed by the National Con- nance laws. Consumers and businesses will subsidiaries to engage in risky new principal ference of State Legislatures and the National benefit from a wider array of products and activities like securities underwriting and, in Conference of State Legislatures and the Na- services offered in a more competitive market- five years, merchant banking with Treasury tional Conference of Insurance Legislators. place that result directly from enactment of and Federal Reserve approval. The flimsy limi- They contend that this legislation is anti-con- this law. tations and firewalls will not hold back consumer and not in the public interest in that it The Act will permit the creation of new fi- tagion and underscore the foolishness in not would preempt the anti-mutualization laws in nancial holding companies, which can offer reforming deposit insurance, and thus the 30 states and places as many as 35 million banking, insurance, securities and other finan- threat to taxpayers and depositors. policyholders, many of our constituents, at risk cial products. These new structures will allow Second, the privacy provisions in S. 900 are of losing $94.7 billion in equity. Their letter American financial firms to take advantage of a sham. The bill gives financial institutions also follows my statement. greater operating efficiencies. For financial in- new access to our personal financial and other Finally, our capital markets are the envy of stitutions, increased efficiency will mean in- information for purposes of cross-marketing the world and their success rests on the high creased competitiveness in the global market- and profiteering. Under S. 900, a customer level of public confidence in their integrity, fair- place. For consumers, increased competition cannot opt out of information sharing if his fi- ness, transparency, and liquidity. While S. 900 will mean greater choice, more innovative

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.019 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2303 services, and lower prices for financial prod- nating Agency (NOACA) on their recent award cently, a 9-year-old was accidently run over by ucts. For the economy, this will mean better for Outstanding Overall Achievement for large a tractor and killed while working in a blue- access to capital to spur growth. Metropolitan Planning Organizations presented berry field in Michigan. A 13-year-old was Since the beginning of my service in the by the Association of Metropolitan Planning knocked off a ladder while he was picking United States Congress, I have been com- Organizations. This prestigious award, given cherries in Washington State and was run mitted to the vitality of the Community Rein- to only one organization nationwide each year, over by a trailer being pulled by a tractor. A vestment Act (CRA). I am encouraged that was well deserved. 17-year-old was sprayed twice by pesticides in this Act, for the first time, will apply CRA to The Outstanding Overall Achievement for 1 week in Utah while picking peaches and banks and their holding companies as they ex- large metropolitan Planning Organizations pruning apple trees and died of a massive pand into newly authorized non-banking activi- Award recognizes exceptional work in metro- brain hemorrhage. ties. Until now, the law has permitted banking politan transportation planning. NOACA's Children who work in agriculture often do so organizations to make very large acquisitions award nomination focused on the newly adopt- at the expense of their educationÐand edu- of securities firms and to engage in other non- ed transportation plan, Framework for Action cation is critical to help these children break bank activities without any CRA performance 2025. This plan is a 25-year innovative, goal- out of the cycle of poverty. Mr. Speaker, we requirements at all. Under this bill, no banking oriented plan that supports transportation in- have a responsibility for the future of these organization can become involved in these vestments that boost economic redevelopment children, which means their education, and we new activities if any of its insured depository in the region's core cities. Framework for Ac- have a responsibility to protect them from job affiliates has a less than satisfactory CRA rat- tion 2025 also focuses on preserving the envi- exploitation. ing. This is a flat prohibition, and I believe a ronment, improving the efficiency of the trans- move in the right direction toward the expan- portation system and providing greater trans- Under current Federal law, children working sion of CRA from current law. Like many of portation choices for the local commuters. in agriculture receive less protection than chil- my colleagues, I stringently support the expan- In the past, the NOACA has made signifi- dren working in other industries because of sion of CRA. However, as a veteran legislator, cant achievements by making cooperative many outdated and outmoded exceptions in- I recognize that the legislative process, by def- planning efforts. Their newly adopted plan cluded in our laws. For example, children age inition, produces compromises by all parties. I shows that they are still committed to this in 12 and 13 can work unlimited hours outside of believe that the CRA provisions in S. 900 are the future. NOACA has made tremendous ef- school in nonhazardous agricultural occupa- a good compromise toward ensuring that the forts to reach out to Northeast Ohio and make tions but are prohibited from working in non- modernization of our financial system works innovative improvements in the transportation agricultural occupations. It is illegal for a 13- for all Americans. industry. year-old to be paid to do clerical work in an For the first time, financial institutions must My fellow colleagues, please join me in hon- air-conditioned office, but the same child can clearly state their privacy policies to customers oring this fine organization as they accept the legally be paid to pick strawberries under the up front, allowing customers to make informed Outstanding Overall Achievement Award for blazing summer sun. In some instances, chil- choices about privacy protection. The Act will large Metropolitan Planning Organizations. dren as young as 10 years old are working in require financial institutions to notify customers This is a significant achievement and tremen- the fields harvesting our Nation's produce. when they intend to share financial information dous honor for the organization. Mr. Speaker, our laws are inconsistent and with third parties, and to allow customers to f out of date with regard to the long-term ``opt-out'' of any such information sharing. changes in agriculture that have taken place. Under existing law, information on everything OUR DOMESTIC CHILD LABOR Children working in agriculture no longer merit from account balances to credit card trans- LAWS SHOULD BE REFORMED such separate and unequal protection. The actions can be shared by a financial institution SEVENTEEN MAGAZINE REPORTS agricultural industry is no longer dominated by without a customer's knowledge. This can in- ON PROBLEMS OF CHILD LABOR family farmers who look out for their own chil- clude selling information to non-bank firms IN AGRICULTURE dren's health and well-being as they work in such as telemarketers. This Act provides the agriculture. Today, major agricultural conglom- most extensive safeguards yet enacted to pro- HON. TOM LANTOS erates control much of the production and the tect the privacy of consumer financial informa- OF CALIFORNIA work force in agriculture, and children who tion. The Act also provides other important IN THE HOUSE OF REPRESENTATIVES work in the fields are hired laborers. Given consumer protections, including mandatory Monday, November 8, 1999 these and other changes in our Nation's agri- disclosures and prohibitions on coercive sales cultural economy, I ask why children in agri- practices, protection of a wide variety of state Mr. LANTOS. Mr. Speaker, I rise today to culture should be treated differently than chil- consumer protection laws governing insurance share with my colleagues in the House an arti- dren working in other industries. sales, strengthening protections when banks cle written by Gayle Forman which appeared in the October 1999 edition of Seventeen Mr. Speaker, earlier this year, I introduced sell securities products, and making full disclo- H.R. 2119, the ``Young American Workers' Bill sures of fees at ATM machines. Magazine. The article, entitled ``We Are Invis- ible,'' is about one of this country's ugly se- of Rights Act'' which would provide equal Madam Speaker, this Act is a step forward standards of protection for children who work in improving our nation's financial service sys- cretsÐchildren laboring in our country's fields, harvesting the produce that all of us eat, and in agriculture and children who work in other tem for the benefit of consumers, community sectors of our Nation's economy. The ``Young groups, businesses of all sizes, financial serv- working under deplorable and backbreaking conditions which take a toll of their health and American Workers Bill of Rights'' would take ice providers, and investors in our nation's children under the age of 14 out of the fields. economy. Financial services modernization education. In her excellent article, Ms. Forman writes about the challenges facing children It would create an exception only for family legislation has taken a long road to final pas- farms, where children would still be able to as- sage. I remain committed to expanding access and families who work in the fields in trying to scrape by on meager wages and appalling sist their parents on farms owned or operated to the economic mainstream for all Americans. by their family. While not perfect, S. 900 will finally bring fi- working conditions. Since most of my col- nancial services law in step with the market- leagues are not avid readers of Seventeen, I Mr. Speaker, last year, our colleagues, Con- place. want to call their attention to this article and gressman HENRY WAXMAN and BERNARD f the very serious issue it raises. SANDERS and I released an important GAO re- Agriculture is one of the most dangerous in- port entitled ``Children Working in Agriculture'' IN HONOR OF NORTHEAST OHIO dustries in the United States, but children are which found that current legal protections, the AREAWIDE COORDINATING AGEN- still allowed to work legally at very young ages enforcement of those protections, and edu- CY for unlimited hours before and after school in cational opportunities for children working in extremely dangerous and unhealthy condi- our fields is grossly inadequate. The GAO re- HON. DENNIS J. KUCINICH tions. As many as 800,000 children work in ports that hundreds of thousands of children OF OHIO agriculture in this country, picking the fruits working in agriculture suffer severe con- IN THE HOUSE OF REPRESENTATIVES and vegetables that end up in our grocery sequences for their health, physical well-being stores, either as fresh or processed fruits and and academic achievement. There are also Monday, November 8, 1999 vegetables. weaknesses in enforcement and data collec- Mr. KUCINICH. Mr. Speaker, I rise today to Children who work in our Nation's fields are tion procedures, with the result that child labor congratulate Northeast Ohio Areawide Coordi- killed and suffer life-changing injuries. Re- violations are not being detected.

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.022 pfrm13 PsN: E08PT1 E2304 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 Mr. Speaker, as a result of this article which field, to help make as much money as pos- then her scholarship fell through. Anxious to appeared in Seventeen Magazine, young peo- sible, or they won’t be able to put food on get on with her education, Janie enlisted in ple around our Nation have written to me dur- the table,’’ says Mull. the army rather than wait to reapply for She’s not exaggerating. Migrant farm- scholarships. ing passage of legislation to deal with these workers are among the poorest people in the problems. I ask that the article be placed in MONEY DOESN’T GROW ON TREES country—the average family earns less than If Janey is a success story among migrant the RECORD, and I urge my colleagues to read $10,000 a year. Janie understands that bleak teens, she’s also an exception. A near major- the article and support meaningful comprehen- economic reality all too well. ‘‘When I first ity of migrants—45 to 55 percent, says Mull— sive domestic child labor reforms, specifically had to work, I was upset. I didn’t want to do don’t graduate from high school. ‘‘There are including adoption of H.R. 2119, the ``Young it,’’ says the bright-eyed brunette, who loves all these incentives for the kids not to stay American Workers Bill of Rights.'' salsa music and Jean-Claude Van Damme in school,’’ says Mull. ‘‘They have the dis- movies. ‘‘My parents told me it was nec- [From Seventeen Magazine, October 1999] ruption in the flow of education. Some par- essary if we wanted to meet our expenses. ents want older kids to work full-time. [In (By Gayle Forman) When I looked at it that way, I wanted to Mexico, where many migrant families are WE ARE INVISIBLE help.’’ from, it’s not uncommon for kids to leave Imagine that it’s summer and instead of If parents were more aware of the dangers, school at 15.] Once they [these kids] start sleeping in and then hanging at the pool, you they might be less willing to have their kids earning money, the motivation is to make wake up at 5 a.m. You get dressed in jeans work on farms. Kids who labor in fields ac- more money.’’ and a long-sleeved flannel shirt, and head count for about 11 percent of working chil- Cash was definitely on Rosalino’s mind out to a dusty field. There you spend the day dren in the United States—and 40 percent of when he dropped out of school. Up until bent over at the waist, plucking cucumbers all on-the-job deaths of kids happen to that eighth grade, Rosalino, 18, lived and went to that grow on prickly, low-lying vines in the small group. And then there are the pes- school in Mexico. After he and his family ground. You do this alongside your family, ticides: No one’s sure what effect the chemi- moved to Florida when he was 13, Rosalino throughout the day, taking a half-hour cals have on kids because studies only look quit school so he could help his family earn break for lunch. Imagine how it feels by at how pesticides affect full-grown male money. ‘‘During the winter I work in straw- afternoon, when the sun’s glaring down on adults. But a chemical that doesn’t hurt a berry fields in Florida,’’ he explains, sitting you, making you sweat so much in your 150-pound man may be toxic to an 80-pound under a weeping willow tree at a migrant heavy clothes that your body is dripping and girl. And long-term exposure to pesticides camp in Michigan. ‘‘In June my father and your shoes are as wet as if you’d stepped in has been linked to a bunch of health prob- brothers and sisters drive two days to Michi- a puddle. Your hands swelter in gloves, but if lems, from skin rashes to leukemia. gan, where we pick until October.’’ At the you took them off you’d be exposed to pes- UPROOTED height of the season, Rosalino clears $200 a ticides or cut by thorns. Imagine that you The threat of danger and disease is just week—most of which goes to his family. work like this, sometimes for more than 12 one of the hardships of being a picker. As a That money must tide them over during the hours, before heading back to the trailer or migrant family follows the ripening crops, slow winter months, when jobs are sparse. tent that is your temporary home. You it’s not unusual for them to live in several The average migrant farmer works only 26 shower, eat and go to sleep. The next morn- different places in one year. Rosa, 18, has weeks a year, and many can’t collect unem- ing you do it all over again. been ‘‘moving around since I was a baby.’’ ployment during the off-season. One more thing: Imagine that you’re nine She and her family do the West Coast When Rosalino ponders his future, he hopes years old. route—picking in California from January to he’ll be able to shake the mud off his boots Janie doesn’t have to imagine this life. The May, then traveling up to Washington to and leave the fields. ‘‘I don’t want to work 18-year-old from Weslaco, Texas, began harvest berries and apples until November. on farms all my life,’’ he says. In his pursuit working in the fields when she was nine. Conditions in the camps where Rosa lives of a better career, however, he’s hindered by Along with her parents, two brothers and a aren’t as comfortable as the trailers Janie a host of handicaps. He doesn’t speak sister, Janie is a farmer—but not the kind stayed in. When Rosa travels, she, her par- English, though he’s lived in the United most of us think of. They don’t live in a ents, and four siblings usually live in a van States for six years, and he doesn’t have too farmhouse or till their own fields. Rather, or in tents near the fields. Meals are cooked many skills under his belt other than they’re migrant farmworkers who crisscross over a campfire. When the season’s over, the fieldwork. the country from spring to fall, traveling family heads to Mexico for November and It’s kids like Rosalino who worry chil- from crop to crop, picking the fruits and December. dren’s advocates like California Representa- vegetables that wind up on our tables. This nomadic existence can totally mess tive Tom Lantos. The migrant life is usually In spite of all the technological advances up your academic life. When Rosa leaves a prison of poverty, Lantos says, and edu- in this country, a majority of crops—includ- California in May, she also has to leave cation is the key to unlocking that jail. ing the oranges in your juice and the pickles school early. Come September, she’s usually ‘‘These children won’t have any future 10, 20, on your burger—must be harvested by hand. in Washington, meaning she has to start 30 years from now if they are deprived of And many of those hands belong to kids. The classes there. She misses six weeks of school their education, if their total work experi- United Farm Workers union estimates that when she’s in Mexico, too. Every time she ence is farm labor,’’ says Lantos. ‘‘We must as many as 800,000 children work in agri- switches schools, she tries to catch up, but provide them with an education and an op- culture in this country—and most of these she still gets shoved in remedial classes. Plus portunity to develop their potential.’’ kids are U.S. residents or citizens. her constant state of flux means that she’s LABOR AGAINST LABOR DANGEROUS—AND LEGAL forever the new girl. ‘‘It’s hard. I’m always Unlike a lot of countries that turn a blind Here’s the thing. Such work is not against crying on the first day of school,’’ Rosa says. eye to child labor, the United States has the law. Under our child labor rules, a 13- ‘‘I just sit in a corner, and after two weeks been cracking down on farmers who employ year-old cannot work in a clothing store in one place, we move again.’’ It can be a underage kids. But, say advocates like Lan- after school, but she or he can labor in a lonely life, and lots of migrant kids say tos, to really keep children out of the fields, field. In fact, it’s legal for children as young they’d rather stick to themselves than build we must change the laws so that it’s no as 10 to hand-harvest crops for five hours a relationships only to sever them. ‘‘I would longer legal for them to be there. Lantos re- day if their parents and the farmers for like to have friends,’’ says Rosa. ‘‘But it’s cently proposed a Young American Workers’ whom they’re working get permission from hard to make them. And I can’t do the kinds Bill of Rights, which aims to close the loop- the U.S. Department of Labor. These laws of things you do with friends because I don’t holes in child labor laws that make it legal may seem strange, but in the 1930s, when have money.’’ for kids and young teens to work long hours child labor statutes were set up to protect Rosa hopes to graduate high school and be- in agriculture. Secretary of Labor Alexis M. children, exemptions were made so kids come a nurse, but those gaps in her edu- Herman says she’s also trying ‘‘to see how could work on their families’ farms. Today, cation mean she has missed out on more [current child labor laws] can be strength- however, most child agricultural laborers are than a full social life. The director of her ened.’’ migrant or seasonal workers who toil on school’s migrant program thinks Rosa will But banning child labor and actually stop- someone’s else’s land. have a tough time making it to nursing ping it from happening are two very different Some families—whether ignorant of or just school. Even so, it’s not impossible for mi- things. ‘‘We find children working in the ignoring the laws—will let really young kids grant teens to succeed. In spite of her stop- fields in this country for many reasons be- work legally. ‘‘I’ve seen children as young as and-go schooling, Janie has managed to kick sides a disregard for the law,’’ says Secretary six picking with their families,’’ says Diane serious academic butt, acing her honors Herman. ‘‘We have to address the root Mull, executive director of the Association classes. After an essay that she’d written causes—chronic poverty, lack of child care, of Farmworker Opportunity Programs about being a migrant caught the eye of peo- underemployment.’’ And the government is (AFOP), an organization that provides sup- ple at AFOP, Janie was selected to attend an trying. The federal government funds Mi- port for migrant farmworkers. It’s not that International Labor Organization conference grant Head Start and other education pro- fieldworker parents don’t love their kids. in Switzerland in June. Last spring she grad- grams that give kids a place to go during the ‘‘Parents are faced with tough choices. Ei- uated from high school with a 4.0 GPA. She day while their parents pick, and provide ther they’re going to take their kids to the was set to go to Ohio State University—and them with a school away from school, so

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.025 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2305 they can continue their studies when their On Veterans Day, it is important to remem- Establish a federal floor above which states families are on the road. President Clinton ber that our Nation owes a commitment to our could enact more restrictive requirements. has allocated more cash for education pro- veterans every day of the year. We salute the H.R. 170 adds two very important and crit- grams as well as job training projects that ical provisions consumer protection provisions. give kids (and adults) alternatives to the millions of Americans who, because of their fields. There have also been efforts to make courage, have given us the freedom that we First, we provided the Postal Service with sub- parents aware of the dangers of farmwork all enjoy. These heroes sacrificed for love of poena authority to combat sweepstakes fraud. and the importance of keeping kids in country, not only answering the call of our In addition, we have limited the scope of sub- school. flag, but also honoring its meaning. Veterans' poena authority to only those provisions of law Ultimately, though, migrant teens and Day is a time for all Americans to remember addressing deceptive mailings, and required their families will find it a rough road to their extraordinary commitment that has made the Postal Service to develop procedures for hoe, says Mull. Major improvement in condi- our country the greatest nation that has ever the issuance of subpoenas. tions would mean, among other things, pay- The second provision contains language au- ing adult pickers more so there would be less been. pressure to make kids work. But increasing On this Veterans Day, we should all express thored by the ranking minority member, Con- wages could raise produce prices—and few our sincere thanks to our fellow Americans gressman FATTAH which added a private right consumers relish the idea of shelling out who valiantly served abroad in the U.S. Armed of action to sweepstakes legislation. This pro- more money for a head of lettuce. Maybe if Forces. We should all reflect on the pride we vision now a part of H.R. 170, would allow people understood the plight of migrant share in the men and women who have kept consumers to file suit in state court if a sweep- teens, they’d be willing to pay a few extra our Nation free and strong. stakes promoter continues to send mailings bucks a year to help, but, as Janie says, mi- f despite having requested removal from a mail- grants are pretty much invisible to many er's list. This important enforcement tool, con- Americans. ‘‘I’ve met people who are running DECEPTIVE MAIL PREVENTION tained in section 8 of H.R. 170, is supported the country who don’t know about the mi- AND ENFORCEMENT ACT grant life,’’ says Janie. ‘‘Most people don’t by the National Consumers League, the Amer- ican Association of Retired Persons and the even know we exist.’’ SPEECH OF f Direct Marketing Association. HON. DANNY K. DAVIS The issue of consumer protection, whether it PERSONAL EXPLANATION OF ILLINOIS relates to telemarketing fraud or sweepstakes IN THE HOUSE OF REPRESENTATIVES deception is finally receiving the attention it deserves and I am pleased we have provided HON. MARK UDALL Tuesday, November 2, 1999 OF COLORADO additional consumer protection along this line. Mr. DAVIS of Illinois. Mr. Speaker, I am I would be remiss if I did not thank my col- IN THE HOUSE OF REPRESENTATIVES proud to have played a part in the House con- leagues who have sponsored honesty in Monday, November 8, 1999 sideration and markup of the Honesty in sweepstakes legislation in the House. Special Mr. UDALL of Colorado. Mr. Speaker, on Sweepstakes Act of 1999. Last month, the recognition deserves to go to the authors of November 4th, I was unavoidably detained Subcommittee on the Postal Service marked H.R. 170, Congressmen LOBIONDO and from casting rollcall vote 569. up H.R. 170, and unanimously approved an CONDIT. Their diligence has ensured a bipar- Had I been present, I would have voted amendment in the nature of a substitute of- tisan bill. I would also like to acknowledge the ``no'' on rollcall vote 569. fered by the ranking minority member con- support of Congressman BLAGOJEVICH, himself f gressman FATTAH and chairman MCHUGH. Our the sponsor of sweepstakes legislation, H.R. bill which closely mirrors sweepstakes legisla- 2731, the Consumer Choice and Sweepstakes HONORING OUR NATION’S tion passed by the Senate in August would: Control Act. VETERANS ON VETERANS’ DAY Impose disclosure requirements relating to Special recognition goes to the State of sweepstakes mailings and skills contests (con- New York, Office of the Attorney General, the HON. MARION BERRY tests in which a prize is awarded based on National Association of Attorneys General, the OF ARKANSAS skill, and a purchase, payment, or donation is Federal Trade Commission, National Con- IN THE HOUSE OF REPRESENTATIVES required) concerning rules, terms, conditions, sumers League, the American Association of sponsor, place of business of sponsor, odds of Monday, November 8, 1999 Retired Persons, Direct Marketing Association, winning, and other information to help ensure the Postal Service Inspector General, and Mr. BERRY. Mr. Speaker, I rise today to the consumer has complete information about Courtney Cook, of the minority staff. Your hard pay tribute to the millions of Americans who the contest; work, input and support have been appre- served and sacrificed for our country in wars Prohibit mailings that suggest a connection ciated. all over the world. This week we celebrate to the federal government, or that contain Mr. Speaker, I thank you for being gracious Veterans' Day in thousands of ceremonies false representations implying that federal gov- and working with us to achieve a bipartisan across America, including several in the 1st ernment benefits or services will be affected bill. Congressional District of Arkansas which I by participation or nonparticipation in the con- f was so proud to represent. test; November 11 was originally the day com- Require that copies of checks sent in any MEDICARE, MEDICAID, AND SCHIP memorating the 1918 armistice that ended mailing must include a statement on the check BALANCED BUDGET REFINE- World War I. The original Armistice Day cele- itself stating that it is nonnegotiable and has MENT ACT OF 1999 brated the signing of the armistice between no cash value; the Allies and the Central Powers at the 11th Require certain disclosures to be clearly and SPEECH OF hour of the 11th day of the 11th month. The conspicuously displayed in certain parts of the HON. BOBBY L. RUSH first commemorative ceremony was held when sweepstakes and skill contest promotions; OF ILLINOIS an American soldier was buried in the Arling- Require sweepstakes companies to main- IN THE HOUSE OF REPRESENTATIVES ton National Cemetery at the same time as a tain individual do-not-mail lists; British soldier was buried in Westminster Give the Postal Service additional environ- Friday, November 5, 1999 Abbey and a French soldier was buried at the ment tools to investigate and stop deceptive Mr. RUSH. Mr. Speaker, I rise to express Arc de Triomphe. In 1954, following World mailings, including the authority to impose civil my opposition to the process by which we are War II and the Korean Conflict, Armistice Day penalties and subpoena authority; considering some of the most important legis- became known as Veterans Day. Realizing Require that companies adopt reasonable lation that this House will debate during this that peace was equally preserved by veterans practices and procedures to prevent the mail- session of CongressÐthe Medicare, Medicaid of WW II and Korea, Congress was requested ing of materials on sweepstakes or skills con- and Schip Balanced Budget Refinement Act of to make this day an occasion to honor those tests to individuals who have written to the 1999. As a member of the Commerce Com- who have served America in all wars. companies requesting not to receive such mittee, I would have liked to have had the op- Many times we have asked our veterans to mailings; portunity to fully debate the Medicare, Med- put their lives on hold, to leave their families Establish a private right of action in state icaid and SCHIP changes that this legislation to serve their country and protect our free- court for consumers who receive follow-up makes. Particularly, in light of the impact the doms. Because of their strength and courage, mailings despite having requested removal Balanced Budget Act has had on Illinois hos- all Americans enjoy the ideals of democracy. from a mailer's list; and pitals.

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.028 pfrm13 PsN: E08PT1 E2306 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 Illinois hospitals are experiencing severe fi- Mr. Speaker, I introduced the Health Care TRIBUTE TO THE HONORABLE LEO nancial hardship as a result of the Balanced Preservation and Accessibility Act of 1999 T. MCCARTHY Budget Act of 1977 (P.L. 105±33). The cuts when it looked as if we could not reach agree- mandated by the BBA were supposed to sim- ment on even the minimal BBA relief that the HON. ANNA G. ESHOO ply slow the growth in the Medicare program. legislation before us provides to Illinois hos- OF CALIFORNIA However, the Act ``overcorrected'' the growth pitals, and hospitals across the nation. I am IN THE HOUSE OF REPRESENTATIVES in Medicare spending and severely reduced reluctantly supporting the legislation before us Monday, November 8, 1999 Medicare reimbursements to hospitals and today, because it is the only option that has Ms. ESHOO. Mr. Speaker, I rise today to health service providers for five years begin- been presented to us. But it is my hope that ning in 1997. In Illinois alone, it is estimated honor a distinguished American, a revered we will have the courage to revisit this issue that hospitals will lose $2.8 billion in Medicare Californian, and a dear friend, Leo T. McCar- in the next session, and complete the job that payments over a five year period. The finan- thy, on the occasion of his induction into the we have only begun with H.R. 3075. cial burden of the BBA cuts is particularly San Francisco Law School Hall of Fame. Born in Auckland, New Zealand, Leo immi- acute for the teaching hospitals in my state. f grated with his family to the United States at Because Illinois ranks fifth in the nation in the the age of three. He earned his undergraduate number of teaching hospitals, and these facili- CONFERENCE REPORT ON S. 900, degree from the University of San Francisco ties are expected to lose more than $1.6 bil- GRAMM-LEACH-BLILEY ACT and his law degree from San Francisco Law lion over the five-year period, of the BBA's life. School. Admitted to the practice of law in both These cuts have a devastating effect on the the Federal and State courts of California on communities that they serve. SPEECH OF January 15, 1963, Leo McCarthy was also I opposed the Balanced Budget Act when it elected to the San Francisco Board of Super- was debated by the House of Representatives HON. JERRY F. COSTELLO visors in 1963. in 1997. I believed that it was bad policy then, OF ILLINOIS In 1968, Leo McCarthy was elected to the and believe that it is bad policy now. California State Legislature where he served In order to provide relief for the teaching IN THE HOUSE OF REPRESENTATIVES with great distinction until 1982. Chosen hospitals and other health service providers Thursday, November 4, 1999 Speaker of the California State Assembly in that were so adversely impacted by the BBA, 1974, he focused his considerable talents and I introduced legislation, Health Care Preserva- Mr. COSTELLO. Madam Speaker, I rise energy upon creating State policy in areas tion and Accessibility Act of 1999, H.R. 3145, today in strong opposition to the Financial ranging from education to health. He has to restore some of the Medicare reimburse- Services Modernization Act. This bill was bro- given important service as a member of the ments that the BBA reduced. The legislation kered by the Republican leadership, in a part- World Trade Commission, the University of was intended to accomplish this in a number nership with the large financial services lobby- California Board of Regents, and the California of ways: ists, to the benefit of enormous corporations at State University Board of Trustees where both (1) H.R. 3415 would freeze the cuts in indi- his passion for excellence and civic spirit were rect medical payments (IME) to teaching hos- the ultimate expense of the American consumer. always evident. pitals at 1999 levels. It also freezes cuts in the On January 3, 1983, Leo McCarthy became disproportionate share payments (DSH pay- This bill will expedite the creation of mega- the Lieutenant Governor of the State of Cali- ments) at 2% and provides payments directly bucks mallsÐthe one-stop shopping of the fi- fornia, a position he retained until his retire- to those serving a large share of low-income nancial world. This will hurt consumers be- ment from elective office in 1994. Once again, patients; cause as financial services providers consoli- his commitment to serving both his nation and (2) directs the Secretary of Health and date, competition will decline and consolidate the people of California was clearly manifested Human Services to make payments for Grad- decision-making and services among fewer by his dedication to his office. He nurtured uate Medical Education (GME) to children's service providers. Should one of these enor- businesses from formation to long term growth hospitals for the Medicare FY 2000 and 2001 mous institutions suffer a financial decline, we as the Chair of the California Commission for cost reporting periods for the direct and indi- could see calls for a bailout that will recall the Economic Development. He focused particular rect expenses associated with operating ap- savings and loan debacle of the 1980's, with attention upon working to improve the involve- proved medical residency training programs; taxpayers footing the bill. ment of businesses in international trading and (3) sets a floor on outpatient hospital pay- investment, particularly in Pacific Rim markets, ments so that rural hospitals do not fall below I am also concerned of the effects that the an area of lifelong interest. 1999 levels and establishes a new payment Community Reinvestment Act provision may In 1992, while still in office, Leo McCarthy system for rural health centers; have on certain banks in my district. By re- aided over 100 women and minority business (4) revises the payment system for commu- viewing small banks which provide service in investors by publishing an award-winning nity health centers so that it more adequately underserved communities only once every 4 guide titled, Starting and Succeeding in Busi- reimburses for the costs of care and allows or 5 years, there is no guarantee that these ness: A Special Publication for Small, Minority- safety net providers that provide health cov- banks will maintain their lending standards to and Women-Owned Businesses. At the same erage to low-income Americans to be directly these communities. A two-year review en- time, he helped California implement the compensated for their services; forced this. Underserved communities need to Greater Avenues for Independence (GAIN) (5) eliminates the $1,500 per beneficiary be ensured of financial assistance, and this bill program which helps welfare recipients move cap imposed by the BBA and replaces it with does not provide that guarantee. into private sector jobs. In 1992, Leo McCar- a payment system that is based on the sever- thy sponsored both the Mammography Quality ity of illness; Most frightening, however, is the effect the Assurance Act that created new standards (6) revises the BBA's new prospective pay- privacy provisions will have. Under this bill, fi- governing both mammography facilities and ment system for skilled nursing facilities by in- nancial institutions have access to and dis- technology, and Senate Joint Resolution 32, creasing reimbursements for patients needing tribute our personal information, including our which declared that breast cancer was an epi- a high level of services to more accurately re- bank and brokerage account or insurance demic in California, requesting that the Presi- flect the cost of their care; record information, to all the institution's divi- dent and the Congress dedicate greater funds (7) delays a scheduled 15% reduction in the sions and affiliates, without the customer's to find the causes of and a cure for the dis- home health interim payment system if the permission. In addition, banks will share our ease. Secretary of Health and Human Services consumer information with third parties unless Upon his retirement from public office in misses the deadline for instituting the new pro- the consumer explicitly tells the financial insti- 1994, instead of indulging in a well-deserved spective system. H.R. 3415 also allows for in- tution not to. The walls protecting our financial rest, Leo McCarthy joined the board of the terest free recoupment of overpayments due Linear Technology Corporation, a high tech privacy and other personal information are to HCFA's underestimation of the interim pay- firm which manufactures analog integrated cir- slowly being eroded. ment rates for certain agencies. Finally, H.R. cuits and in 1998, produced $460 million in 3415 provides additional protections for sen- While the Financial Services Modernization sales. He also became a board member of iors citizens and persons with disabilities and Act may modernize the financial world, it does two mutual funds, the Parnassus Fund, a so- strengthens protections and sanctions for so at the expense of the consumers. I cannot cially responsible fund that invests a $400 mil- Medicare fraud and abuse. support this legislation. lion investment portfolio in domestic stocks

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.033 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2307 and bonds, and Forward Funds, Inc., which fo- JAPANESE ‘‘COMFORT WOMEN’’ not that injustices were committed against cuses on investing in domestic and foreign eq- women and girls in East Asia over fifty years uities and bonds with a $230 million invest- HON. LANE EVANS ago or fifty minutes ago. There is no statute of ment portfolio. OF ILLINOIS limitation on crimes against humanity. When Leo McCarthy is also the Vice Chair on the IN THE HOUSE OF REPRESENTATIVES human rights are violated, the international Board of Open Data Systems, a private firm community must act because we have a moral which creates software aimed at facilitating the Monday, November 8, 1999 responsibility to do so. accurate recording and processing of building Mr. EVANS. Mr. Speaker, I rise today to Even today, we sometimes turn a blind eye permits and other development documents speak about one of the great injustices, one of to human rights. We sometimes take them for used by local governments. All of these pri- the most flagrant violations of human rights. granted. We sometimes stay silent. But we vate sector businesses have subsequently During World War Two, the Japanese mili- shouldn't. benefited from his active and enthusiastic in- tary forced hundreds of thousands of women Two hundred years ago, Thomas Jefferson volvement as a board member. In 1995, Leo to serve as sexual slaves. Euphemistically wrote: ``the laws of humanity make it a duty for McCarthy became President of the Daniel known as ``comfort women'', they were pre- nations, as well as individuals, to help those Group, a law partnership which focuses on dominantly Korean women and girls abducted whom accident and distress have thrown upon international trade and market investment. from their homes and forced to serve Japa- them.'' With all these responsibilities, Leo McCarthy nese soldiers. This government-sanctioned Mr. Speaker, I strongly believe we have a has continued his public service. Appointed to program created untold numbers of comfort duty. We have a duty to help those who need the National Gambling Impact Study Commis- stations or military brothels throughout Japa- our help. We have a duty to stand up for sion by the U.S. Senate Democratic Leader- nese-occupied territories in the Pacific Rim. those who cannot stand up on their own. We ship, the Commission has undertaken a two For decades after the war, the Japanese have a duty to speak up for those who have year study of the impact of all forms of legal government denied the existence of ``comfort no voices and to do what is just and what is gambling in the United States at the order of women'' and the comfort stations, but in 1994, right. the President and the Congress. their position changed. The Japanese govern- So, let us do what is just and what is right Leo McCarthy and his wife Jacqueline have ment admitted that ``the then Japanese military for the ``comfort women'' and other victims. Let been married for over 40 years. They have was directly or indirectly involved in the estab- us speak out for them. Let us stand up for four exceptionally talented children, Sharon, a lishment and management of comfort stations them. Let us lend them our strength. fifth grade teacher, Conna, an attorney, Adam, and the transfer of ``comfort women [and] that We must act and we must speak out, be- an import-export businessman, and Niall, an this was an act that severely injured the cause in the end, people will remember not attorney, and they are the proud grandparents honour and dignity of many women''. the words of their enemies, but the silence of of eight. In 1993, international jurists in Geneva, their friends. Leo McCarthy's life of leadership is instruc- Switzerland ruled that women who were We must not remain silent. tive to us all. His dedication to the ideals of forced to be sexual slaves of the Japanese f both democracy and public service stand tall. military deserve at least $40,000 each from MEDICARE, MEDICAID, AND SCHIP I am especially blessed to have him as a men- the state treasury as compensation for their BALANCED BUDGET REFINE- tor, a colleague, and a friend. It is fitting that extreme pain and suffering. MENT ACT OF 1999 the San Francisco Law School has chosen to Mr. Speaker, the Japanese government has a legal as well as moral responsibility to face induct him into its Hall of Fame and I ask my SPEECH OF colleagues, Mr. Speaker, to join me in hon- its history. To continue to indignantly brush oring a great and good man. We are indeed away these women's claims adds insult to in- HON. JERROLD NADLER a better country and a better people because jury. OF NEW YORK of him. Stripped of their dignity, robbed of their IN THE HOUSE OF REPRESENTATIVES honor, most of them were forced to live their f Friday, November 5, 1999 lives carrying those horrific experiences with DOROTHY’S PLACE HOSPITALITY them covered under a veil of shame. I don't Mr. NADLER. Mr. Speaker, I rise today to CENTER think they should do so any longer. explain my vote against H.R. 3075, the Medi- I believe the Japanese government must do care, Medicaid, and SCHIP Balanced Budget HON. SAM FARR whatever can be done to restore some dignity Refinement Act. This bill makes several impor- OF CALIFORNIA for these women. tant restorations of cuts that were made to the IN THE HOUSE OF REPRESENTATIVES The German government has formally Medicare program in the Balanced Budget Act apologized to the victims of the Holocaust as of 1997. However, this bill also includes a pro- Monday, November 8, 1999 well as other war crimes victims and has gone vision that would hurt New York City's teach- Mr. FARR of California. Mr. Speaker, I rise to great lengths to provide for their needs and ing hospitals and render meaningless the today to commemorate the millionth meal recovery, but the Japanese government has other positive measures in this bill. served by Dorothy's Place Hospitality Center. yet to do so. Mr. Speaker, America's hospitals are hurting Founded in 1982 by Robert Smith and oper- That is why, in the strongest possible terms, and they need relief from the mammoth cuts ated by the Franciscan Workers of Junipero I call upon Japan to formally issue a clear and made by the Balanced Act. I was one of the Serra, Dorothy's Place is a local soup kitchen unambiguous apology for the atrocious war few lawmakers who voted against the Bal- in Salinas that has provided food and support crimes committed by the Japanese military anced Budget Act because I knew it would daily to the hungry and the homeless. during World War II and offer reparations no have these consequences. We should not be Dorothy's Place Hospitality Center has for less than $40,000 for each of the ``comfort surprised that cutting over $200 billion from more than seventeen years provided meals as women''. The surviving women are advanced Medicare would cause the quality of care to well as support to the less fortunate members in age, and time is of the essence. They have suffer in many hospitals. In New York State of Salinas County during times of need and waited so long. They should wait no longer. alone, it has been estimated that hospitals hardship. The staff and volunteers have gra- Critics may ask why we should even dredge have lost over $550 million so far and could ciously extended themselves through commit- up something that happened so long ago and face up to $3 billion more in cuts over 5 years ment and generosity to our local poor. halfway across the world? without new legislation. H.R. 3075 would make Dorothy's Place is a great community resource Let me turn the critics' attention to the U.S. a small, but important, down payment toward deserving of praise and thanks for the humani- Constitution. It reads: ``We hold these truths to restoring those cuts. tarian spirit and service that it has provided for be self-evident, that all men are created equal, However, it is shameful that in the name of so many years. that they are endowed by their creator with providing relief, this bill would create even It is with great pleasure that I commend certain unalienable rights .. .'' more pain for New York. At the last minute, a Dorothy's Place Hospitality Center for serving Mr. Speaker, this nation was an experiment. provision was added to change the method- its millionth meal. For its exemplary record of An experiment to form a new system of gov- ology by which Medicare reimburses teaching service to the poor and hungry, I would like to ernment. A government based on the then- hospitals for their direct medical education extend best wishes for success in the future radical concept that we all have certain God- costs from one based on actual cost to one as this establishment continues to make in- given rights that should not be violatedÐeach based on national average costs. This would valuable contributions to our community. and every one of us in this world. It matters shift over $45 million a year from New York

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.035 pfrm13 PsN: E08PT1 E2308 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 State, where costs are well above the national dicated it would veto because of its negative gress intends that the five-percent limitation no average, to other parts of the country. In my impact on the national bank charter, highly longer apply to bona fide securities under- district alone, teaching hospitals would lose al- problematic provisions on the Community Re- writing, dealing, and market-making activities. most $12 million in the first five years this pro- investment Act (CRA) and its nonexistent pri- In addition, voting securities held by a securi- vision would be in effect. Teaching hospitals vacy protections. ties affiliate of a financial holding company in help train the next generation of physicians. It The conference report necessarily rep- an underwriting, dealing or market-making ca- would be unwise to shortchange this invest- resents a compromise between the two pacity would not need to be aggregated with ment for the future. versions. But it is a good and balanced com- any shares that may be held by other affiliates It is unfortunate that this provision was in- promise. It effectively modernizes our financial of the financial holding company. This is nec- serted at the last minute during the final nego- system, while ensuring strong protections for essary under the bill so that bank-affiliated se- tiations, from which Democrats were frozen consumers and communities. As a result, the curities firms can conduct securities activities out. In addition, H.R. 3075 was brought up Administration strongly supports the con- in the same manner and to the same extent under suspension of the rules, allowing little ference report. as their non-bank affiliated competitors, which debate and no opportunity to offer an amend- There are clear gains for our financial serv- is one of the principal objectives of the legisla- ment to rectify the situation. ices system, for consumers and for commu- tion. The elimination of the restriction applies America's hospitals need relief from the nities in this bill is enacted. There are clear only to bona fide securities underwriting, deal- deep cuts made in 1997. I hope that we will losses if it is not. ing, and market-making activities and does not find a way to do this without pitting states Without this bill, banks will continue to ex- permit financial holding companies and their against each other. pand into securities and insurance business affiliates to control non-financial companies in f as they have been doing for some years ways that are otherwise impermissible under under current law. However, they will do so the bill. H.R. 3196—FOREIGN OPERATIONS without CRA coverage; without privacy protec- The Conference Committee agreed to make APPROPRIATIONS BILL tions; without the regulatory oversight and reg- the effective date of implementation of Title I, ulatory protections enhanced in this bill; and except for Section 104, 120 days from the HON. MIKE McINTYRE with artificial structural limitations that will date of enactment. We reached this decision place the U.S. financial services industry at a to provide the regulators with an opportunity to OF NORTH CAROLINA implement this legislation effectively. It is the IN THE HOUSE OF REPRESENTATIVES clear competitive disadvantage. Without this bill, commercial firms will continue to move intent of the Conferees that Title I become ef- Monday, November 8, 1999 fective 120 days after enactment even if the more and more into the banking business, agencies are not able to complete all of the Mr. McINTYRE. Mr. Speaker, for the record, with no real limitations. this is to clarify that the ``no'' vote I cast on I would like to review the major provisions of rulemaking required under the act during that time. November 5, 1999, against the foreign Oper- the bill and the intent of those provisions. In addition, it should be noted that in some ations Appropriations bill is by no means an FINANCIAL MODERNIZATION instances, no rule writing is required. For ex- indication that I am opposed to foreign aid for This bill permits the creation of new financial ample, new Section 4(k)(4) of the Bank Hold- Israel, India, Greece, or Cyprus. Indeed, my services holding companies which can offer a ing Company Act, as added by Section 103 of voting record with regard to aid for these full range of financial products under a strong the bill, explicitly authorizes bank holding com- countries clearly exemplifies my strong sup- regulatory regime based on the principle of panies which file the necessary certifications port for them. Our country should value our re- functional regulation. Banks currently engage to engage in a laundry list of financial activi- lationships with these and other nations who in securities and insurance activity under exist- ties. These activities are permissible upon the are allies and partners for peace. In fact, I ing law and court interpretations of that law, effective date of the act without further action voted for the Young Amendment to the For- including the Bank Holding Company Act, the by the regulators. The Conferees recognize, eign Operations bill because it is critical to our Federal Reserve Act, the National Banks Act, however, that refinements in rulemaking may national security interests that we provide as- and various state laws. This conference report be necessary and desirable going forward, sistance to implement the Wye River Accord ensures that such activities will occur, in the and for example, have specifically authorized between Israel, the Palestinian Authority, and future, with appropriate regulatory oversight the Federal Reserve and the Treasury Depart- Jordan. The reason I voted against the For- based on the principle of functional regulation. ment to jointly issue rules on merchant bank- eign Appropriations bill is because we, as a The conference report also provides for appro- ing activities. If regulators determine that any Nation, have an obligation to take care of our priate ``umbrella'' authority at the holding com- such rulemaking is necessary, the Conferees own families first and provide them with the pany level by the Federal Reserve, and es- encourage them to act expeditiously. aid they need especially in times of dire emer- sential consumer and community protections. COMMUNITY REINVESTMENT ACT (CRA) gencies. The citizens of North Carolina are The conference report, in contrast to the DISCLOSURE AND REPORTING OF CRA AGREEMENTS facing an imminent crisis in the wake of three Senate bill, clearly preserves the strength of While I support the general concept of dis- major hurricanes that must be addressed im- the national bank charter by giving institutions closure, the so-called ``sunshine'' provision mediately by Congress with the passage of an a choice of corporate structure through which could be pernicious because it could cast as- emergency relief bill. Until that happens, it is they can conduct their business consistent persions on the many constructive partner- improper for us to place the needs of other with the original House product. ships between banks and community groups countries ahead of the needs of our own tax- I would like to clarify the intent of this legis- that are helping to bring thousands of commu- payers. lation as it pertains to the market-making, nities and millions of Americans into the finan- f dealing and other activities of securities affili- cial mainstream. ates of financial holding companies. Currently, Fortunately, however, the bill now substan- CONFERENCE REPORT ON S. 900, bank holding companies are generally prohib- tially limits the scope, reporting requirements, GRAMM-LEACH-BLILEY ACT ited from acquiring more than five percent of and penalties for violating the disclosure re- the voting stock of any company whose activi- SPEECH OF quirements. ties are not closely related to banking. The The ``sunshine'' amendment applies only to HON. JOHN J. LaFALCE Federal Reserve has determined that a securi- agreements that would ``materially impact'' a OF NEW YORK ties affiliate of a bank holding company cannot bank's CRA rating or a regulator's decision to IN THE HOUSE OF REPRESENTATIVES acquire or retain more than five percent of the approve a bank's application. Few if any voting shares of a company in a market-mak- agreements with major banks would have so Thursday, November 4, 1999 ing or dealing capacity. In addition, for pur- large an impact. Indeed, it would neither make Mr. LAFALCE. Madam Speaker, I rise in poses of determining compliance with this five- sense nor be workable to require annual re- strong support of the conference report on S. percent limit, the Federal Reserve has reports for every contract between a bank and 900, the Gramm-Leach-Bliley Financial Mod- quired that the voting shares held by the secu- every community partner merely because they ernization Act of 1999. rities affiliate be aggregated with the shares had discussed how to best meet CRA require- In July, the House passed its version of fi- held by other affiliates of the bank holding ments. In addition, grants and cash payments nancial modernization (H.R. 10), with a broad company. under $10,000 and loans under $50,000 would bipartisan vote of 343±86. The Senate passed I would like to make clear that, by permitting be automatically exempted, as would most a partisan product (S. 900) by a narrow mar- financial holding companies to engage in un- market rate loans that are not re-lent. I also gin of 54±44, a bill which the White House in- derwriting, dealing and market making, Con- strongly encourage the regulators to use their

VerDate 2999 06:25 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.038 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2309 authority to exclude agreements with service agreement. As the Statement of Managers' ceives grants or other consideration in excess organizations such as civil rights groups and provides: of $10,000, or receives loans in excess of community groups providing housing or other The Federal banking agencies are directed, $50,000 under the agreement. An agreement services in low-income neighborhoods. We in implementing regulations under this pro- under which nothing of value exceeding these have no business interfering with such organi- vision, to minimize the regulatory burden on amounts is revealed by the party is not cov- zations just because they work with banks, reporting parties. One way in which to ac- ered by this provision. complish this goal would be whenever pos- and it is not Congress' intent to do so. sible and appropriate with the purposes of Fourth, the statute provides for additional Community groups and other partners of this section, to make use of existing report- safe harbors from the provision. All individual banks would have to make annual reports of ing and auditing requirements and practices mortgage loans are not covered. Other loans, how the funds were used, but here again the of reporting parties, and thus avoid unneces- unless they are substantially below market or conferees have substantially scaled back their sary duplication of effort. The Managers in- involve re-lending to another party, are not requirements. The regulators are directed to tend that, in issuing regulations under this covered. Agreements with a nongovernmental ensure that the reporting requirements do not section, the appropriate federal supervisory agency may provide that the nongovern- entity or person ``who has not commented on, impose an undue burden on the parties and mental entity or person that is not an in- testified about, or discussed with the institu- that proprietary and confidential information is surer depository institution may, where ap- tion, or otherwise contacted the institution, protected. Organizations with multiple agree- propriate and in keeping with the provisions concerning the Community Reinvestment Act'' ments with banks could file a single consoli- of this section, fulfill the requirements of are also not covered. As noted in the Man- dated report. In addition, the Statement of subsection (c) by the submission of its an- ager's Statement this exception could include Managers directs that a bank's partner may, nual audited financial statement or its federal income tax return. a broad range of organizations providing serv- `ìn keeping with the provisions of this section, ices in low and moderate income areas, in- fulfill the requirements . . . . by the submis- It is intended that, for example, subsection cluding ``service organizations such as civil sion of its annual audited financial statement (c)(3) be read to require a ``list'' of the ``cat- rights groups, community groups providing or its federal income tax return.'' egories'' of uses to which funds received by housing or other services in low-income neigh- Finally, penalties only apply to a community the reporting party under covered agreements borhoods, the American Legion, community group or another partner of a bank if the party have been made. theater groups, and so forth.'' The conferees makes a willful and material misrepresentation It is not the intent that subsection (c)(3) re- are aware that insured depository institutions quire a reporting of any particular expense. A on a report and then fails to correct the prob- may list contributions to these organizations reporting entity might, however, include, if ap- lem after notification and a reasonable period. as a factor to be evaluated in applications plicable an item in their report entitled `àdmin- Only in such a case would an agreement be- subject to CRA or in examinations under CRA. istrative expenses,'' together with the amount, tween the bank and its partner become unen- It is not the conferees' intent that the under- if any, of the funds received under a covered forceable. taking of such activities, and listing of such ac- This summarizes the essential and substan- agreement or agreements, if any, expended for such purpose, or, the report might simply tivities in an application or examination by an tial changes that have been made to the origi- insured depository institution have any bearing nal Senate disclosure provision. However, consist of an annual financial statement or federal income tax return. As the Statement of whatsoever on the determination of whether these provisions are of such potential import an agreement is required to be disclosed, and that I would like to elaborate in considerable Managers states, this requirement could in most instances be fulfilled by the filing of an as to which reporting is required to be made, detail on the history of the provision and the under this section. intent of the conferees in making the substan- annual financial statement or federal income Fifth, the Federal Reserve Board may, tial changes reflected in the conference report. tax return. The statute also directs the appropriate Fed- under 48(h)(3)(B), prescribe regulations ``to LEGISLATIVE HISTORY eral supervisory agency to `èstablish proce- provide further exemptions . . . consistent DISCLOSURE PROVISION dures to allow any nongovernmental entity or with the purposes of this section.'' It is the Some legitimate concerns have been raised person who is a party to a large number of conferees intent that, consistent with the pur- over the potential burden imposed by the dis- agreements described in subsection (a) to poses of this section, including the require- closure and reporting requirements contained make a single or consolidated filing of a report ment of subsection (h)(2)(A), the Federal Re- in Section 711 of the bill. The provision in the under subsection (c) to an insured depository serve Board broadly construe its authority to final bill involved intensive negotiations by institution or an appropriate Federal banking provide for further such exemptions. both the minority and majority parties which agency.'' An organization with a large number In drafting this provision, the conferees were significantly narrowed the scope of the provi- of such agreements could simply file one sum- concerned about not ``chilling'' the atmosphere sion, the reporting requirements, and the cir- mary report, summarizing the information re- between community groups and banks by cre- cumstances under which violations may be quirement to be provided with respect to cov- ating uncertainty over whether a particular found to have occurred and penalties im- ered agreements in a single set of data in a CRA agreement was covered by the provision. posed. single report, with the depository institution or The statute provides in new section A bank and a community group should be regulator. 48(h)(2)(A) of the Federal Deposit Insurance able to determine clearly, up-front under im- The conferees significantly modified the plementing regulations whether their CRA Act that the appropriate Federal banking agen- scope of agreements as to which this provi- cy ``shall . . . ensure that the regulations pre- agreement is covered by this provision. The sion applies. conferees intend that implementing regulations scribed by the agency do not impose an First, under subsection (h)(2)(A), this section undue burden on the parties and that propri- should make clear whether this provision ap- is to be interpreted so as to avoid placing an plies to any given CRA agreement. To the etary and confidential information is pro- `ùndue burden'' on the parties. tected. . . .'' This is a central component of greatest extent possible, we do not want com- Second, an agreement must be made ``pur- munity groups and banks to have to report un- the provision as agreed to by the conferees. It suant to or in connection with the fulfillment of is the conferees' understanding that this sub- necessarily, and we do not want to deter com- the Community Reinvestment Act,'' as defined munity groups and banks from entering these section is intended to prevent any overly in subsection (e). The term ``fulfillment'' means broad or unduly burdensome reading of the arrangements by creating confusion. The bank a list of factors that the appropriate Federal regulators should promulgate regulations so reporting and disclosure requirements of this banking agency determines has a material im- provision, including the requirements of sec- that parties know in advance whether their pact on the agency's decisionÐ(A) to approve agreement is covered or not, consistent with tion 48(c), the reporting requirements placed or disapprove an application for a deposit fa- the purposes of the provision. on non-insured depository institutions that are cility, or (B) to assign a rating to an insured parties to agreements covered by this provi- depository institution under an examination ``HAVE AND MAINTAIN'' PROVISIONS sion. under the Community Reinvestment Act. As The requirement that a banking organization The prohibition in section 48(h)(2)(A) noted in the Manager's Statement, the regu- have a ``satisfactory'' CRA rating is an ongoing against placing an `ùndue burden'' on the par- lator's assessment of material impact is to be requirement in order for it to expand into these ties applies fully to every subsection of section based on factors that the regulator ``would at- new areas. Each and every time that a bank 48. Section 48(c), which provides for reporting tach importance to'' in approving or dis- or its holding company seeks to expand into of information by nongovernmental entities or approving an application or in assigning a par- these newly authorized nonbanking lines of persons, is to be interpreted in light of sub- ticular rating under CRA. businessÐsuch as securities underwriting or section (h)(2)(A), to prevent any `ùndue bur- Third, the statute only pertains to agree- insuranceÐtheir insured depository affiliates den'' from falling on the parties to a covered ments in which a party to the agreement re- must have a ``satisfactory'' CRA rating. This

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.041 pfrm13 PsN: E08PT1 E2310 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 requirement applies each time the banking or- banksÐeven if outside the routine CRA exam- on a company's privacy policies. Secondly, the ganization commences one of these non- ination or application processÐand if the regu- conference report totally safeguards stronger banking activities, or acquires or merges with lators find reasonable cause to do so, they state consumer protection laws in the privacy another company in a nonbanking area. The could conduct a CRA exam of that bank. The area. Conference Report would therefore extend en- public may comment to the regulators regard- Section 502(d) of the conference report con- forcement of CRA, in that under the Act, a ing a particular bank so that regulators can tains a broad prohibition against the disclosure bank's CRA record would be taken into con- make a fully informed judgment about whether of a consumer's account number or similar sideration in determining whether the bank or there is ``reasonable cause'' to conduct a CRA form of access device by a financial institution its holding company can expand into non- exam outside the routine cycle. Of course, to any non-affiliated third party for use in direct banking activities. regulators must come to their own conclusions marketing. The agencies with rulemaking au- Today, banks are permitted to expand into about whether such an `òff-cycle'' CRA exam thority under the legislation may grant excep- nonbanking activitiesÐto the extent permitted is justified, but public comment to the regu- tions to this prohibition if ``deemed consistent by current lawÐwithout any consideration of lators can be valuable to their decisionmaking. with the purposes of this subtitle.'' The report their CRA performance at all. The Federal Re- With regard to section 712, this provision language makes clear that any exceptions to serve Board reports that it has approved thou- does not affect the regulators' judgment about this strict prohibition are to be narrowly drawn sands of applications for such expansions, when to examine banks under $250 million and my be deemed consistent with the pur- and the current law does not impose any CRA with a less than satisfactory rating. This provi- poses of the bill only where three factors are review on these nonbank expansions at all. sion is not indented by the conferees to limit present: (1) The customer account number or Under the Conference Report, each of the in- the regulators from examining small banks access device is encrypted, scrambled or de- sured depository affiliates of banking organiza- with less than satisfactory records as they coded, (2) the customer provides express con- tions must have a ``satisfactory'' CRA rating at deem appropriate. My understanding is that sent to the financial institution to make such the time it expands into the nonbanking area. the bank regulators' current practice is to con- disclosure prior to the time of the disclosure; in other words, the customer `òpts±in'' to such This is a new requirement, and for the first duct CRA examinations of banks with less disclosure with the financial institution, and (3) time makes satisfactory CRA performance a than satisfactory CRA records as often as such disclosure is necessary to service or prerequisite to entering these nonbanking lines every 6±18 months. This provision does not process a transaction that the customer ex- of business. restrict or direct their judgment for those There are two major enforcement provisions pressly requests or authorizes. banks. CRA examinations in connection with The joint marketing provision sought to nar- for this requirement. First, if the banking orga- applications for bank mergers and acquisitions nization violates the prohibition against enter- row the potentially unequal application of pri- are also not affected by these provisions in vacy restrictions between larger financial enti- ing these nonbanking lines of business without any way. The provision also does not in any its affiliated banks having a satisfactory CRA ties that operate through affiliates and smaller way affect the current law's requirements to banks and credit unions that must contract rating, all the penalties of the Federal Deposit take into account an institution's CRA record Insurance Act apply. The FDIA penalties for with outside institutions to provide basic finan- of meeting the credit needs of its community cial services such as credit cards or mort- noncompliance include divestiture and cease when banks are merging or acquiring other and desist orders, civil money penalties, and gages to customers. It is important to note that banks, or for any application for a depository the provision contains at least four levels of removal of officers and directors. Second, by facility. not earning a ``satisfactory'' CRA rating, a restrictions to limit its application. The joint PRIVACY marketing exception applies only to agree- bank and its holding company would be pro- For the first time, this bill imposes substan- hibited from entering these new lines of busi- ments under which one financial institution tial privacy protections for consumers under markets the products of another or markets fi- ness. In effect, that imposes a high oppor- federal law in the financial services context. tunity cost in missed business opportunities, nancial products on the other institution's be- The privacy provisions of the bill: half. Permissible joint agreements and finan- and creates a powerful imperative for the hold- Impose on all financial institutions an `àf- ing company to ensure that its affiliated and cial products would be limited by federal regu- firmative and continuing obligation'' to respect lation and any sharing of information must be subsidiary banks maintain at least a satisfac- the privacy of customers and the security and tory CRA rating. clearly disclosed and subject to strict confiden- confidentiality of their personal information; tiality contracts. The bill does not affect the existing applica- Requires the federal regulators to issue in- OTHER CONSUMER AND COMMUNITY PROTECTIONS tion process for banks acquiring or merging stitutional safeguards that will protect cus- The bill contains important other new con- with other banks, in which the regulators re- tomers against unauthorized access to and view the banks' CRA record and the public sumer and community protections. use of their personal information; It: has an opportunity to comment. The existing Requires that consumers be provided with procedures for bank mergers or acquisitions Provides extensive new consumer protec- notice and an `òpt-out'' opportunity before tions in connection with bank sales of insur- with other banks are preserved fully intact. their financial institutions can disclose any per- There are no changes. ance products, including prohibitions against sonal financial information to unaffiliated third tying, misrepresentation or conditioning of SMALL BANK CRA EXAMINATION CYCLE parties; Although the statute sets a time line for ex- credit on purchases of other products; clear Prohibits financial institutions from sharing disclosure of the risks associated with insur- aminations of banks under $250 million in as- with unaffiliated parties any credit card, sav- sets that are currently rated `òutstanding'', the ance products; separation of insurance sales ings and transaction account numbers or other from routine banking activity; and new federal regulators nonetheless retain the full discretion means of access to such accounts for pur- procedures to resolve consumer complaints; to examine any bank at any time for reason- poses of marketing; Provides new consumer protections as pre- able cause. Section 712 of the statute states: Prohibits unaffiliated third parties that re- requisites for bank sales of investment prod- `à regulated financial institution described in ceive confidential information from sharing that ucts, including full disclosures regarding po- subsection (a) may be subject to more fre- information with any other unaffiliated parties; tential risks and the uninsured status of the quent or less frequent examinations for rea- Requires financial institutions to fully dis- products, and sales practices standards re- sonable cause under such circumstances as close to customers all of their privacy policies stricting such sales to qualified brokers and to may be determined by the appropriate Federal and procedures; areas separated from routine banking activity; financial supervisory agency.'' This means that Amends the Fair Credit Reporting Act to Expands small business and rural develop- regulators retain full discretion to examine any strengthen and expand regulatory authority to ment lending by making Federal Home Loan bank for CRA compliance at any time for rea- detect and enforce against violations of credit Bank advances available for small business, sonable cause. For example, the bank's local reporting and consumer privacy requirements. small farm and agribusiness lending by small- market conditions may have changed signifi- These are the very same privacy provisions er community banks; cantly so that the bank's lending should have that passed the House by a virtually unani- Creates a new federal ``Program for Invest- adjusted accordingly, or a change in bank mous 427±1 vote. In fact, the provisions actu- ment in Microentrepreneurs'' (PRIME) to pro- management may have redirected the bank's ally represent a strengthening of the House vide technical assistance and capacity building lending practices such that the regulators find product in two key respects. First of all, the grants for small or disadvantaged business reasonable cause to conduct a CRA examina- disclosure requirement has been extended to with less than five employees that have limited tion outside the routine cycle. The public could cover a financial institution's practices on infor- access to business financing; send comments to the bank regulators at any mation-sharing within the affiliate structure, al- Prohibits discrimination against victims of time regarding the CRA performance of any lowing consumers to comparison shop based domestic violence in the underwriting, pricing,

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.042 pfrm13 PsN: E08PT1 November 8, 1999 CONGRESSIONAL RECORD — Extensions of Remarks E2311 sale, renewal of any insurance product and in tle or nothing to do with financial services surers to move simply because a state, the settlement of any claim; modernization. Rather it serves to undermine through its duly elected representatives, has States Congressional intent that financial state law, which seeks to protect our constitu- determined that formation of mutual holding advisors shall provide financial advice and ents, for the benefit of a few. companies is not in the best interest of the products to women in an equal, nondiscrim- The conference report could place as many state or its mutual insurance policyholders inatory manner. as 35 million policyholders at risk of losing who are, after all, the owners to the company. MUTUAL REDOMESTICATION $94.7 billion in equity. This amounts to a Con- This conference report will preempt the mutual A bill of this breadth will inevitably include gressionally approved taking of consumers' insurance laws in approximately 30 states. some elements that are highly problematic personal property. I believe this provision will CONCLUSION and objectionable. I strongly oppose the con- not withstand legal scrutiny and should and ference report language on redomestication of will be the subject of legal challenge in the Overall, the conference report represents a mutual insurers. courts. reasonable and fair balance on a wide variety This provision is not only not in the public This provision would allow mutual insurers of difficult issues. Because of the many bene- interest, it is blatantly anti-consumer. It would domiciled in states whose legislatures have fits this legislation provides for consumers, circumvent well-designed and carefully consid- elected not to allow mutual insurers to form communities and the U.S. financial services ered state policy regarding the redomestica- mutual holding companies to escape that leg- industry, I offer my strong support to the legis- tion of mutual insurance companies. It has lit- islative determination. It would allow mutual in- lation.

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.044 pfrm13 PsN: E08PT1 E2312 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 1999 SENATE COMMITTEE MEETINGS Digest will prepare this information for 10 a.m. Title IV of Senate Resolution 4, printing in the Extensions of Remarks Governmental Affairs Health, Education, Labor, and Pensions section of the CONGRESSIONAL RECORD agreed to by the Senate on February 4, To hold joint hearings on federal con- 1977, calls for establishment of a sys- on Monday and Wednesday of each tracting and labor policy, focusing on tem for a computerized schedule of all week. the Administration’s change in pro- meetings and hearings of Senate com- Meetings scheduled for Tuesday, No- curement regulations. mittees, subcommittees, joint commit- SD–628 tees, and committees of conference. vember 9, 1999 may be found in the 1 p.m. This title requires all such committees Daily Digest of today’s RECORD. Governmental Affairs to notify the Office of the Senate Daily Investigations Subcommittee Digest—designated by the Rules com- MEETINGS SCHEDULED To hold hearings to examine the mittee—of the time, place, and purpose vulnerabilities of United States private banks to money laundering. of the meetings, when scheduled, and NOVEMBER 10 SD–628 any cancellations or changes in the Time to be announced 2 p.m. meetings as they occur. Judiciary Judiciary As an additional procedure along Business meeting to consider pending To hold hearings on pending nomina- with the computerization of this infor- calendar business. tions. mation, the Office of the Senate Daily Room to be announced SD–226

VerDate 2999 06:16 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\M08NO8.000 pfrm13 PsN: E08PT1 Monday, November 8, 1999 Daily Digest Senate and to authorize appropriations for the refugee assist- Chamber Action ance program under chapter 2 of title IV of the Im- Routine Proceedings, pages S14231–S14337 migration and Nationality Act, clearing the measure Measures Introduced: Eight bills and four resolu- for the President. Page S14309 tions were introduced, as follows: S. 1877–1884, S. Equality for Israel at the United Nations Act: Res. 223–225, and S. Con. Res. 71. Page S14287 Senate passed S. 923, to promote full equality at the Measures Reported: Reports were made as follows: United Nations for Israel. Pages S14309±10 S. 964, to provide for equitable compensation for Water Resources Development Act Technical the Cheyenne River Sioux Tribe, with an amend- Corrections: Senate passed H.R. 2724, to make tech- ment in the nature of a substitute. (S. Rept. No. nical corrections to the Water Resources Develop- 106–217) ment Act of 1999, after agreeing to a committee S. 1707, to amend the Inspector General Act of amendment in the nature of a substitute, and the 1978 (5 U.S.C. App.) to provide that certain des- following amendment proposed thereto: ignated Federal entities shall be establishments Pages S14310±11 under such Act, with an amendment in the nature Grassley (for Warner/Chafee/Reed) Amendment of a substitute. (S. Rept. No. 106–218) No. 2773, to make certain improvements. S. 1508, to provide technical and legal assistance Pages S14310±11 for tribal justice systems and members of Indian Arctic Tundra Habitat Emergency Conservation tribes, with an amendment in the nature of a sub- Act: Senate passed H.R. 2454, to assure the long- stitute. (S. Rept. No. 106–219) term conservation of mid-continent light geese and S. 1453, to facilitate relief efforts and a com- the biological diversity of the ecosystem upon which prehensive solution to the war in Sudan, with an many North American migratory birds depend, by amendment in the nature of a substitute. directing the Secretary of the Interior to implement S. 1516, to amend title III of the Stewart B. rules to reduce the overabundant population of mid- McKinney Homeless Assistance Act (42 U.S.C. continent light geese, after agreeing to committee 11331 et seq.) to reauthorize the Federal Emergency amendments, and the following amendment pro- Management Food and Shelter Program. posed thereto: Pages S14311±13 S. 1877, to amend the Federal Report Elimination Grassley (for Abraham) Amendment No. 2774, to and Sunset Act of 1995. Page S14286 assure the long-term conservation of mid-continent Measures Passed: light geese. Pages S14312±13 10th Anniversary of Historic Events in Central/ Coastal Barrier Resources System: Senate passed Eastern Europe: Senate passed S. Con. Res. 68, ex- S. 1398, to clarify certain boundaries on maps relat- pressing the sense of Congress on the occasion of the ing to the Coastal Barrier Resources System, after 10th anniversary of historic events in Central and agreeing to a committee amendment in the nature Eastern Europe, particularly the Velvet Revolution of a substitute, and the following amendment pro- in Czechoslovakia, and reaffirming the bonds of posed thereto: Page S14313 friendship and cooperation between the United Grassley (for Smith of New Hampshire) Amend- States and the Czech and Slovak Republics. ment No. 2775, to make technical corrections. Pages S14308±09 Page S14313 Immigration and Nationality Act Amendment: Cost of Living Adjustment for Administrative Senate passed H.R. 3061, to amend the Immigration Law Judges: Senate passed H.R. 915, to authorize and Nationality Act to extend for an additional 2 a cost of living adjustment in the pay of administra- years the period for admission of an alien as a non- tive law judges, clearing the measure for the Presi- immigrant under section 101(a)(15)(S) of such Act, dent. Page S14313 D1271

VerDate 29-OCT-99 06:15 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO9.REC pfrm13 PsN: D08NO9 D1272 CONGRESSIONAL RECORD — DAILY DIGEST November 8, 1999 Honoring Civil Defense and Emergency Man- Feingold (for Durbin) Amendment No. 2521, to agement Workers: Senate passed H.R. 348, to au- discourage predatory lending practices. Page S14244 thorize the construction of a monument to honor Feingold Amendment No. 2522, to provide for those who have served the Nation’s civil defense and the expenses of long term care. Page S14244 emergency management programs, clearing the Hatch/Torricelli Amendment No. 1729, to pro- measure for the President. Page S14313 vide for domestic support obligations. Page S14244 Disabilities Assistance: Senate passed S. 1809, to Leahy/Murray/Feinstein Amendment No. 2528, to improve service systems for individuals with devel- ensure additional expenses and income adjustments opmental disabilities, after agreeing to a committee associated with protection of the debtor and the amendment in the nature of a substitute. debtor’s family from domestic violence are included Pages S14313±33 in the debtor’s monthly expenses. Page S14244 Recognizing Disaster Assistance Response of Leahy Amendment No. 2529, to save United Certain Organizations: Senate agreed to S. Con. States taxpayers $24,000,000 by eliminating the Res. 30, recognizing the sacrifice and dedication of blanket mandate relating to the filing of tax returns. members of America’s non-governmental organiza- Page S14244 tions and private volunteer organizations throughout Wellstone Amendment No. 2537, to disallow their history and specifically in answer to their cou- claims of certain insured depository institutions. rageous response to recent disasters in Central Amer- Page S14249 Wellstone Amendment No. 2538, with respect to ica and Kosovo. Pages S14333±34 the disallowance of certain claims and to prohibit Peru Judicial/Electoral Institutions: Senate certain coercive debt collection practices. Page S14249 agreed to S. Res. 209, expressing concern over inter- Kennedy Amendment No. 2751, to amend the ference with freedom of the press and the independ- Fair Labor Standards Act of 1938 to increase the ence of judicial and electoral institutions in Peru. Federal minimum wage. Pages S14250±61 Page S14334 Domenici Amendment No. 2547, to increase the U.S./NATO Policy: Senate agreed to S. Res. 208, Federal minimum wage and protect small business. expressing the sense of the Senate regarding United Pages S14261±80 States policy toward the North Atlantic Treaty Or- Feinstein Amendment No. 1696, to limit the ganization and the European Union, in light of the amount of credit extended under an open end con- Alliance’s April 1999 Washington Summit and the sumer credit plan to persons under the age of 21. European Union’s June 1999 Cologne Summit, after Page S14262 agreeing to the following amendment proposed Feinstein Amendment No. 2755, to discourage in- thereto: Pages S14334±35 discriminate extensions of credit and resulting con- Grassley (for Levin) Amendment No. 2776, to sumer insolvency. Page S14262 make certain technical amendments. Pages S14334±35 Schumer/Durbin Amendment No. 2759, with re- Bankruptcy Reform Act: Senate resumed consider- spect to national standards and homeowner home ation of S. 625, to amend title 11, United States maintenance costs. Pages S14276±77 Code, agreeing to committee amendments by unani- Schumer/Durbin Amendment No. 2762, to mod- mous consent, taking action on the following ify the means test relating to safe harbor provisions. amendments proposed thereto: Pages S14244±80 Pages S14276±77 Adopted: Schumer Amendment No. 2763, to ensure that By 94 yeas to 0 nays, 1 responding present (Vote debts incurred as a result of clinic violence are non- No. 355), Grassley Modified Amendment No. 1730, dischargeable. Pages S14276±77 to amend title 11, United States Code, to provide Schumer Amendment No. 2764, to provide for for health care and employee benefits. greater accuracy in certain means testing. Pages S14244, S14266±67 Pages S14276±77 Pending: Schumer Amendment No. 2765, to include cer- Kohl Amendment No. 2516, to limit the value of tain dislocated workers’ expenses in the debtor’s certain real or personal property a debtor may elect monthly expenses. Pages S14276±77 to exempt under State or local law. Page S14244 Levin Amendment No. 2768, to prohibit certain Sessions Amendment No. 2518 (to Amendment retroactive finance charges. Page S14280 No. 2516), to limit the value of certain real or per- Levin Amendment No. 2772, to express the sense sonal property a debtor may elect to exempt under of the Senate concerning credit worthiness. State or local law. Page S14244 Page S14280

VerDate 29-OCT-99 06:15 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO9.REC pfrm13 PsN: D08NO9 November 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1273 A unanimous-consent agreement was reached providing for further consideration of the bill on Tues- Committee Meetings day, November 9, 1999. Page S14335 (Committees not listed did not meet) Messages From the President: Senate received the following messages from the President of the United TELECOMMUNICATIONS INDUSTRY States: MERGERS Transmitting a report relative to the continuation Committee on Commerce, Science, and Transportation: of the National Emergency with respect to Iran; re- Committee held hearings to examine the impact of ferred to the Committee on Foreign Relations. mergers on market competition in the telecommuni- (PM–71). Page S14285 cations industry, receiving testimony from William Transmitting a periodic report relative to the Na- E. Kennard, Chairman, Federal Communications tional Emergency with respect to Sudan; referred to Commission; Robert Pitofsky, Chairman, Federal the Committee on Foreign Relations. (PM–72). Trade Commission; Scott C. Cleland, Legg Mason Precursor Group, Gene Kimmelman, Consumers Page S14285 Union, Paul Glenchur, Charles Schwab Washington Nominations Received: Senate received the fol- Research Group, and John Sidgemore, MCI lowing nominations: WorldCom, all of Washington, D.C.; and Mike Carol Jones Carmody, of Louisiana, to be a Mem- McTighe, Cable and Wireless, Vienna, Virginia. ber of the National Transportation Safety Board for Hearings recessed subject to call. a term expiring December 31, 2004. BUSINESS MEETING Donald W. Horton, of Maryland, to be United States Marshal for the District of Columbia for the Committee on Finance: Committee ordered favorably term of four years. Page S14337 reported the nomination of William A. Halter, of Arkansas, to be Deputy Commissioner of the Social Messages From the President: Page S14285 Security Administration. Messages From the House: Pages S14285±86 Also, Committee approved the appointment of Communications: Page S14286 Senator Coverdell to become a member of the Com- mittee, and to be Chairman of the Subcommittee on Executive Reports of Committees: Pages S14286±87 Health Care. In addition, Senator Coverdell will be Statements on Introduced Bills: Pages S14287±97 a member of the Subcommittee on International Trade, the Subcommittee on Long-Term Growth and Additional Cosponsors: Pages S14297±98 Debt Reduction, and the Subcommittee on Social Se- Amendments Submitted: Pages S14300±05 curity and Family Policy Authority for Committees: Pages S14305±06 BABY BOOM GENERATION Additional Statements: Pages S14306±08 Special Committee on Aging: Committee concluded Record Votes: One record vote was taken today. hearings to examine the political, social, and eco- (Total—355) Page S14267 nomic challenges that may face the United States as Adjournment: Senate convened at 12 noon, and ad- the baby boomer generation approach retirement, after receiving testimony from Ken Dychtwald, Age journed at 8:16 p.m., until 9:30 a.m., on Tuesday, Wave, Emeryville, California; Fernando M. Torres- November 9, 1999. (For Senate’s program, see the Gil, UCLA Center for Policy Research on Aging, Los remarks of the Acting Majority Leader in today’s Angeles, California; Peter G. Peterson, Blackstone Record on page S14335.) Group, New York, New York, on behalf of the Con- cord Coalition; and Tipper Gore, Washington, D.C.

VerDate 29-OCT-99 06:15 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO9.REC pfrm13 PsN: D08NO9 D1274 CONGRESSIONAL RECORD — DAILY DIGEST November 8, 1999 House of Representatives Speaker Pro Tempore: Read a letter from the Chamber Action Speaker wherein he designated Representative Bills Introduced: 16 public bills, H.R. 3244–3259; Biggert to act as Speaker pro Tempore for today. and 2 resolutions, H.J. Res. 76 and H. Res. 363, Page H11648 were introduced. Pages H11702±03 Guest Chaplain: The prayer was offered by the Reports Filed: Reports were filed today as follows: guest Chaplain, Rev. John Mudd of Washington, Filed on Nov. 5, H.R. 3172, to amend the wel- D.C. Page H11649 fare-to-work program and modify the welfare-to- Recess: The House recessed at 12:36 p.m. and re- work performance bonus, amended (H. Rept. convened at 2:00 p.m. Page H11648 106–456, Pt. 1); Filed on Nov. 5, Conference report on H.R. 1555, Suspensions: The House agreed to suspend the rules to authorize appropriations for fiscal year 2000 for and pass the following measures: intelligence and intelligence-related activities of the Muhammad Ali Boxing Reform Act: H.R. 1832, United States Government, the Community Manage- amended, to reform unfair and anticompetitive prac- ment Account, and the Central Intelligence Agency tices in the professional boxing industry; Retirement and Disability System (H. Rept. Pages H11649±54 106–457); Emigrant Wilderness Preservation: H.R. 359, H.R. 3002, to provide for the continued prepara- amended, to clarify the intent of Congress in Public tion of certain useful reports concerning public Law 93–632 to require the Secretary of Agriculture lands, Native Americans, fisheries, wildlife, insular to continue to provide for the maintenance and oper- areas, and other natural resources-related matters, ation of 18 concrete dams and weirs that were lo- and to repeal provisions of law regarding terminated cated in the Emigrant Wilderness at the time the reporting requirements concerning such matters (H. wilderness area was designated in that Public Law. Rept. 106–458); Agreed to amend the title; Pages H11657±59 H.R. 2336, to amend title 28, United States Code, to provide for appointment of United States Resources Reports Restoration: H.R. 3002, to marshals by the Attorney General, amended (H. provide for the continued preparation of certain use- Rept. 106–459); ful reports concerning public lands, Native Ameri- H. Res. 364, waiving points of order against the cans, fisheries, wildlife, insular areas, and other nat- conference report to accompany H.R. 1555, to au- ural resources-related matters, and to repeal provi- thorize appropriations for fiscal year 2000 for intel- sions of law regarding terminated reporting require- ligence and intelligence-related activities of the ments concerning such matters; Pages H11659±63 United States Government, the Community Manage- San Luis Central Valley California Water ment Account, and the Central Intelligence Agency Transfers: H.R. 3077, amended, to amend the Act Retirement and Disability System (H. Rept. that authorized construction of the San Luis Unit of 106–460); the Central Valley Project, California, to facilitate H. Res. 365, providing for consideration of H.J. water transfers in the Central Valley Project; Res. 76, waiving certain enrollment requirements for Pages H11663±64 the remainder of the first session of the One Hun- Designating the Joseph Ileto Post Office: H.R. dred Sixth Congress with respect to any bill or joint 3189, to designate the United States post office lo- resolution making general appropriations or con- cated at 14071 Peyton Drive in Chino Hills, Cali- tinuing appropriations for fiscal year 2000 (H. Rept. fornia, as the ‘‘Joseph Ileto Post Office’’; 106–461); Pages H11666±68 H. Res. 366, providing for consideration of H.R. 1714, to facilitate the use of electronic records and Designating the Thomas J. Brown Post Office signatures in interstate or foreign commerce (H. Building: H.R. 2307, to designate the building of Rept. 106–462); and the United States Postal Service located at 5 Cedar H. Res. 367, providing for consideration of H.R. Street in Hopkinton, Massachusetts, as the ‘‘Thomas 3073, to amend part A of title IV of the Social Secu- J. Brown Post Office Building’’; Pages H11668±70 rity Act to provide for grants for projects designed Honoring Shoeless Joe Jackson: H. Res. 269, ex- to promote responsible fatherhood (H. Rept. pressing the sense of the House of Representatives 106–463). Pages H11701±02 that Joseph Jefferson ‘‘Shoeless Joe’’ Jackson should

VerDate 29-OCT-99 06:15 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO9.REC pfrm13 PsN: D08NO9 November 8, 1999 CONGRESSIONAL RECORD — DAILY DIGEST D1275 be appropriately honored for his outstanding baseball accomplishments; Pages H11673±75 Committee Meetings Honoring Kidney Donors: H. Res. 94, recog- SUBPOENA—DEPARTMENT OF ENERGY— nizing the generous contribution made by each liv- RELATED DOCUMENTS ing person who has donated a kidney to save a life Committee on Armed Services: Subcommittee on Mili- (agreed to by a yea and nay vote of 382 yeas with tary Procurement met and considered a subpoena for none voting ‘‘nay,’’ Roll No. 574); Department of Energy-related documents. Pages H11654±57, H11676 FATHERS COUNT ACT Government Ethics: H.R. 2904, amended, to Committee on Rules: Granted, by voice vote, a struc- amend the Ethics in Government Act of 1978 to re- tured rule on H.R. 3073, Fathers Count Act of authorize funding for the Office of Government Eth- 1999, waiving all points of order against consider- ics (passed by a yea and nay vote of 386 yeas to 1 ation of the bill. The rule provides 90 minutes of nay, Roll No. 575); and Pages H11664±66, H11676±77 general debate, with 60 minutes equally divided between the chairman and ranking minority member Honoring the Late Payne Stewart and Express- of the Committee on Ways and Means and 30 mining Condolences: H. Res. 344, recognizing and hon- utes equally divided between the chairman and rank- oring Payne Stewart and expressing the condolences ing minority member of the Committee on Edu- of the House of Representatives to his family on his cation and the Workforce. The rule makes in order death and to the families of those who died with as an original bill for the purpose of amendment the him (agreed to by a yea and nay vote of 389 yeas amendment in the nature of a substitute printed in with none voting ‘‘nay’’, Roll No. 576). the Congressional Record and numbered 1, modified Pages H11670±73, H11677±78 by the amendment printed in part A of the report Recess: The House recessed at 4:24 p.m. and recon- of the Committee on Rules accompanying the reso- vened at 6:00 p.m. Page H11675 lution. The rule waives all points of order against consideration of the amendment in the nature of a Veterans Millennium Health Care: The House dis- substitute, as modified. The rule makes in order only agreed to the Senate amendment to H.R. 2116, to those amendments printed in part B of the Rules amend title 38, United States Code, to establish a Committee report accompanying the resolution. The program of extended care services for veterans and to rule provides that amendments made in order may make other improvements in health care programs of be offered only in the order printed in the report, the Department of Veterans Affairs, and agreed to a may be offered only by a Member designated in the conference. Appointed as conferees Chairman Stump report, shall be considered as read, shall be debatable and Representatives Smith of New Jersey, Quinn, for the time specified in the report equally divided Stearns, Evans, Brown of Florida, and Doyle. and controlled by the proponent and an opponent, Page H11678 shall not be subject to amendment, and shall not be Recess: The House recessed at 9:54 p.m. and recon- subject to a demand for division of the question in the House or in the Committee of the Whole. The vened at 11:18 p.m. Page H11700 rule waives all points of order against the amend- Senate Messages: Message received from the Senate ments printed in the report. The rule permits the appears on page H11648. Chairman of the Committee of the Whole to post- Referrals: S. 1346 was referred to the Committee on pone votes during consideration of the bill, and to Small Business and S. 1418 and S. 1769 were re- reduce voting time to five minutes on a postponed ferred to the Committee on the Judiciary. question if the vote follows a fifteen minute vote. Fi- Page H11700 nally, the rule provides one motion to recommit with or without instructions. Testimony was heard Amendments: Amendments printed pursuant to the from Representatives Johnson of Connecticut, rule appear on pages H11703–05. English, Goodling, McKeon, Cardin, Martinez, Mink Quorum Calls—Votes: Three yea and nay votes de- of Hawaii, Scott, Woolsey, Edwards, and Maloney of veloped during the proceedings of the House today New York and appear on pages H11676, H11676–77, and ELECTRONIC SIGNATURES IN GLOBAL H11677–78. There were no quorum calls. AND NATIONAL COMMERCE ACT Adjournment: The House met at 12:30 p.m. and Committee on Rules: Granted, by voice vote, a struc- adjourned at 11:20 p.m. tured rule on H.R. 1714, Electronic Signatures in

VerDate 29-OCT-99 06:15 Nov 09, 1999 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO9.REC pfrm13 PsN: D08NO9 D1276 CONGRESSIONAL RECORD — DAILY DIGEST November 8, 1999 Global and National Commerce Act, providing one Amendments of 1999; H.R. 1775, amended, to cata- hour of general debate equally divided and con- lyze restoration of estuary habitat through more effi- trolled by the chairman and ranking minority mem- cient financing of projects and enhanced coordination ber of the Committee on Commerce. The rule makes of Federal and non-Federal restoration programs; and in order as an original bill for the purpose of amend- H.R. 3039, to amend the Federal Water Pollution ment the amendment in the nature of a substitute Control Act to assist in the restoration of the Chesa- printed in the Congressional Record and numbered peake Bay. 1. The rule provides for consideration of only those amendments printed in the Rules Committee report Joint Meetings accompanying the resolution. The rule provides that those amendments may be offered only in the order VETERANS’ MILLENNIUM HEALTH CARE printed in the report, may be offered only by a ACT Member designated in the report, shall be considered Conferees met to resolve the differences between the as read, shall not be subject to a demand for a divi- Senate and House passed versions of H.R. 2116, to sion of the question, shall be debatable for the time amend title 38, United States Code, to establish a specified in the report equally divided and controlled program of extended care services for veterans and to by the proponent and an opponent and shall not be make other improvements in health care programs of subject to amendment. The rule allows the Chairman the Department of Veterans Affairs, but did not of the Committee of the Whole to postpone votes complete action thereon, and will meet again tomor- during consideration of the bill, and to reduce vot- row. ing time to five minutes on a postponed question if f the vote follows a fifteen minute vote. Finally, the rule provides one motion to recommit with or with- NEW PUBLIC LAWS out instructions. Testimony was heard from Chair- (For last listing of Public Laws, see DAILY DIGEST, p. D1268) man Bliley and Representatives Dingell, Eshoo, Con- H.J. Res. 75, making further continuing appro- yers, Lofgren, Vento, and Inslee. priations for the fiscal year 2000. Signed November CONFERENCE REPORT—INTELLIGENCE 5, 1999. (P.L. 106–88) AUTHORIZATION ACT f Committee on Rules: Granted, by voice vote, a rule COMMITTEE MEETINGS FOR TUESDAY, waiving all points of order against the conference re- NOVEMBER 9, 1999 port to accompany H.R. 1555, Intelligence Author- ization Act for Fiscal Year 2000, and against its con- (Committee meetings are open unless otherwise indicated) sideration. The rule provides that the conference re- Senate port shall be considered as read. Finally, the rule Committee on Banking, Housing, and Urban Affairs: busi- provides that House Resolution 342 is laid on the ness meeting to consider the nomination of Gregory A. table. Testimony was heard from Representative Baer, of Virginia, to be an Assistant Secretary of the Goss. Treasury; and the nomination of Susan M. Wachter, of WAIVING ENROLLMENT REQUIREMENTS Pennsylvania, to be an Assistant Secretary of Housing and Urban Development, 10:30 a.m., S–214, Capitol. FOR REMAINDER OF THE FIRST SESSION Committee on Governmental Affairs: Permanent Sub- OF THE 106TH CONGRESS committee on Investigations, to hold hearings to examine Committee on Rules: Committee granted, by voice the vulnerabilities of United States private banks to vote, a closed rule on H.J. Res. 76, waiving Enroll- money laundering, 9:30 a.m., SD–628. ment Requirements for the Remainder of the First House Session of the 106th Congress, providing one hour of debate in the House equally divided and con- Committee on Banking and Financial Services, to mark up H.R. 21, Homeowners’ Insurance Availability Act of trolled by the Majority Leader and the Minority 1999, 10 a.m., 2128 Rayburn. Leader or their designees. Finally, the rule provides Committee on Commerce, Subcommittee on Oversight and one motion to recommit with or without instruc- Investigations, hearing on Medicaid Fraud and Abuse: As- tions. sessing State and Federal Responses, 10:30 a.m., 2322 MISCELLANEOUS MEASURES Rayburn. Committee on Government Reform, Subcommittee on Na- Committee on Transportation and Infrastructure: Sub- tional Security, Veterans’ Affairs and International Rela- committee on Water Resources and Environment ap- tions, hearing on Force Protection: Improving Safeguards proved for full Committee action the following bills: for Administration of Investigational New Drugs to H.R. 728, amended, Small Watershed Rehabilitation Members of the Armed Forces, 10 a.m., 2154 Rayburn.

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Committee on International Relations, hearing on U.S. Pol- Subcommittee on Oversight, hearing on the penalty icy Toward Haiti, 10 a.m., and to mark up the following and interest provisions in the Internal Revenue Code, 3 bills: H.R. 1356, Freedom From Sexual Trafficking Act p.m., B–318 Rayburn. of 1999; and H.R. 1095, Debt Relief for Poverty Reduc- tion Act of 1999, 3:30 p.m., 2172 Rayburn. Joint Meetings Committee on Transportation and Infrastructure, Sub- Conference: meeting of conferees on H.R. 2415, to en- committee on Economic Development, Public Buildings, hance security of United States missions and personnel Hazardous Materials and Pipeline Transportation, to mark overseas, to authorize appropriations for the Department up the following: GSA’s Fiscal Year 2000 leasing proof State for fiscal year 2000, 2:15 p.m., S–116, Capitol. gram; 2 11(b) resolutions; and H.R. 809, Federal Protec- Conference: meeting of conferees on H.R. 2116, to tive Service Reform Act of 1999, 10 a.m., 2253 Rayburn. amend title 38, United States Code, to enhance programs Committee on Ways and Means, hearing on the Adminis- providing health care, education, memorial, and other tration’s new Social Security plan, 10 a.m., and to mark benefits for veterans, to authorize major medical facility up H.R. 3081, Wage and Employment Growth Act of projects for the Department of Veterans Affairs, 5:30 1999, 2:30 p.m., 1100 Longworth. p.m., Room to be announced.

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Next Meeting of the SENATE Consideration of 6 Suspensions: 9:30 a.m., Tuesday, November 9 (1) H.R. 2879, placing a plaque at the Lincoln Memo- rial to commemorate the Martin Luther King, Jr. ‘‘I Have A Dream’’ speech; Senate Chamber (2) H.R. 3090, Restoration of Certain Lands to Elim Program for Tuesday: Senate will continue consider- Native Corporation; ation of S. 625, Bankruptcy Reform, with votes on cer- (3) H.R. 1444, Army Corps of Engineers Aquatic Re- tain pending amendments to occur at 10:30 a.m. sources Restoration Projects in Oregon, Washington, (Senate will recess from 12:30 p.m. until 2:15 p.m. for their Montana, Idaho and California; respective party conferences.) (4) H. Res. 350, Trafficking of Baby Body Parts for Profit; (5) H.R. 2280, Veterans Benefits Improvement Act of Next Meeting of the HOUSE OF REPRESENTATIVES 1999; and 9 a.m., Tuesday, November 9 (6) H. Con. Res. , Reauthorizing the Printing of Publications. Consideration of H.R. 3073, Fathers Count Act of House Chamber 1999 (structured rule, 90 minutes of debate); Program for Tuesday: Consideration of the Conference Consideration of H.R. 1714, Electronic Signatures in Report on H.R. 1555, Intelligence Authorization Act for Global and National Commerce (structured rule, one hour Fiscal Year 2000 Conference Report (rule waiving points of debate). of order);

Extensions of Remarks, as inserted in this issue

HOUSE Evans, Lane, Ill., E2307 Neal, Richard E., Mass., E2300 Farr, Sam, Calif., E2307 Paul, Ron, Tex., E2297 Archer, Bill, Tex., E2301 Houghton, Amo, N.Y., E2298 Rush, Bobby L., Ill., E2305 Berry, Marion, Ark., E2305 Kilpatrick, Carolyn C., Mich., E2302 Sandlin, Max, Tex., E2296 Bonior, David E., Mich., E2293 Kucinich, Dennis J., Ohio, E2303 Stark, Fortney Pete, Calif., E2296, E2298 Burton, Dan, Ind., E2294 LaFalce, John J., N.Y., E2308 Stenholm, Charles W., Tex., E2293 Christensen, Donna MC, The Virgin Islands, E2295 Lantos, Tom, Calif., E2296, E2297, E2301, E2303 Talent, James M., Mo., E2294 Costello, Jerry F., Ill., E2306 Lee, Barbara, Calif., E2300 Udall, Mark, Colo., E2305 Cunningham, Randy ‘‘Duke’’, Calif., E2294 Lewis, Jerry, Calif., E2298 Wicker, Roger F., Miss., E2295, E2297 Davis, Danny K., Ill., E2305 Lowey, Nita M., N.Y., E2297 Young, Don, Alaska, E2301 Dingell, John D., Mich., E2302 McIntyre, Mike, N.C., E2308 Eshoo, Anna G., Calif., E2306 Nadler, Jerrold, N.Y., E2307

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