October 11, 2000 CONGRESSIONAL RECORD—SENATE 22041 SENATE—Wednesday, October 11, 2000

(Legislative day of Friday, September 22, 2000)

The Senate met at 9:32 a.m., on the SCHEDULE vention, through prosecution and enforce- ment against traffickers, and through pro- expiration of the recess, and was called Mr. BROWNBACK. Mr. President, to order by the President pro tempore tection and assistance to victims of traf- today the Senate will begin debate on ficking, having met, have agreed that the [Mr. THURMOND]. the conference report to accompany House recede from its disagreement to the The PRESIDENT pro tempore. The H.R. 3244, the sex trafficking victims amendment of the Senate, and agree to the Chaplain will now deliver the opening legislation. I want to start this discus- same with an amendment, and the Senate prayer. sion and debate off with thanking my agree to the same, signed by a majority of good friend and colleague, Senator the conferees on the part of both Houses. PRAYER PAUL WELLSTONE. He and I have The PRESIDING OFFICER. The Sen- The Chaplain, Dr. Lloyd John worked together on this bill the entire ate will proceed to the consideration of Ogilvie, offered the following prayer: year. We have come at this from dif- the conference report. The Psalmist gives us a timely word ferent points of view. I think we have (The report was printed in the House for this pressured week, ‘‘Cast your worked together and come up with an proceedings of the RECORD of October 5, burden on the Lord, and He will sustain excellent proposal and package. I hope 2000.) you.’’—Psalm 55:22. for unanimous support from the Sen- The PRESIDING OFFICER. The Sen- Let us pray. ate. ator from Kansas is recognized. Mr. BROWNBACK. Mr. President, I Gracious God, we come to You with We got near that in the House, with believe under the uniform unanimous our burdens. You know that we all a vote of 377–1. I have spoken with that consent agreement that we have, time carry both personal and professional one person who deeply regrets voting has been allocated to several different burdens. Beneath the surface of studied against us on this bill. It was actually Members of the Senate to speak on this composure, we all have loved ones for for another provision that was in the conference report; is that correct? whom we are concerned, friends who bill. This is an important piece of legis- are troubled, and unresolved problems The PRESIDING OFFICER. The Sen- lation. ator is correct. about which we find it difficult to stop The sex trafficking victims legisla- worrying. Mr. BROWNBACK. Mr. President, let tion is here under a previous order, and me start this debate and discussion At many different levels, we feel the there will be up to 7 hours of debate on tension of finishing the work of the with the story of Irina. Irina’s story the conference report we are going to appeared in the New York Times not 106th Congress. The election ap- discuss. Senator THOMPSON will raise a proaches with additional burdens for that long ago, and it is similar to the point of order against the report and is story of a number of women with whom Senators running for reelection. Chal- expected to appeal the ruling of the lenges here do not let up, and the prob- I have met and who have been caught Chair. Therefore, a vote on the appeal, in this situation of sex trafficking— lems in the state mount up. Mean- as well as a vote on adoption of the while, peace of mind is up for grabs as young ladies I met with in Nepal, and conference report, is expected to occur several testified in committee. I think we struggle with differing agendas for during this afternoon’s session. The the legislation before the Senate. Irina’s story tells in graphic detail why Senate will also consider the VA–HUD this is a problem and why the Senate Lord, could it be that if we all—Re- appropriations bill and the conference publicans and Democrats, Senators and needs to act. report to accompany the Agriculture Irina always assumed that her beauty staff—stopped in our tracks and really appropriations bill, with votes on both asked for Your help, You would inter- would somehow rescue her from the poverty expected to occur prior to today’s ad- and hopelessness of village life. A few vene and help this Senate achieve journment. months ago, after answering a vague ad in a unity with both excellence and effi- I thank my colleagues for their at- small Ukrainian newspaper, she slipped off a ciency? In our heart of hearts we know tention. tour boat when it put in at Haifa, hoping to You would, and will, if we ask You with make a bundle dancing naked on the tops of f a united voice of earnestness. Dear tables. God, bless this Senate. We relinquish RESERVATION OF LEADER TIME She was 21, self-assured and glad to be out our control and ask You to take of Ukraine. Israel offered a new world, and The PRESIDING OFFICER (Mr. for a week or two everything seemed pos- charge. It’s hard to be willing, but we CRAPO). Under the previous order, lead- sible. Then, one morning, she was driven to are willing to allow You to make us ership time is reserved. a brothel, where her boss burned her passport willing. You are our Lord and Saviour. f before her eyes. Amen. ‘‘I own you,’’ she recalled his saying. ‘‘You TRAFFICKING VICTIMS PROTEC- f are my property and you will work until you TION ACT OF 2000—CONFERENCE earn your way out. Don’t try to leave. You PLEDGE OF ALLEGIANCE REPORT have no papers and you don’t speak Hebrew. The Honorable MIKE CRAPO, a Sen- You will be arrested and deported. Then we The PRESIDING OFFICER. The Sen- will get you and bring you back.’’ ator from the State of Idaho, led the ate will now proceed to the conference That was her master. The article Pledge of Allegiance, as follows: report accompanying H.R. 3244. goes on. I pledge allegiance to the Flag of the The clerk will report the conference United States of America, and to the Repub- report. It happens every single day. Not just in Israel, which has deported nearly 1,500 Rus- lic for which it stands, one nation under God, The legislative clerk read as follows: indivisible, with liberty and justice for all. sian and Ukrainian women like Irina in the The Committee of Conference on the dis- past three years. But throughout the world, f agreeing votes of the two Houses on the where selling naive and desperate young RECOGNITION OF THE ACTING amendment of the Senate on the bill, H.R. women into sexual bondage has become one MAJORITY LEADER 3244, an act to combat trafficking of persons, of the fastest-growing criminal enterprises especially into the sex trade, slavery, and in the robust global economy. The PRESIDENT pro tempore. The slavery-like conditions, in the United States . . . Many end up like Irina. Stunned and Senator from Kansas is recognized. and countries around the world through pre- outraged by the sudden order to prostitute

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

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22042 CONGRESSIONAL RECORD—SENATE October 11, 2000 herself, she simply refused. She was beaten women are annually trafficked into Western dozen other countries—rarely varies. Women and raped before she succumbed. Finally she Europe alone. are held in apartments, bars and makeshift got a break. The brothel was raided and she Many end up like Irina. Stunned and out- brothels; there they service, by their own was brought here [to another place], the only raged by the sudden order to prostitute her- count, as many as 15 clients a day. Often women’s prison in Israel. Now, like hundreds self, she simply refused. She was beaten and they sleep in shifts, four to a bed. The best of Ukrainian and Russian women with no raped before she succumbed. Finally she got that most hope for is to be deported after the documents or obvious forgeries, she is wait- a break. The brothel was raided and she was police finally catch up with their captors. ing to be sent home. brought here to Neve Tirtsa in Ramle, the Few ever testify. Those who do risk death. This is a quote from Irina: only women’s prison in Israel. Now, like hun- Last year in Istanbul, Turkey, according to dreds of Ukrainian and Russian women with Ukrainian police investigators, two women ‘‘I don’t think the man who ruined my life no documents or obvious forgeries, she is were thrown to their deaths from a balcony will even be fined,’’ she said softly, slow waiting to be sent home. while six of their Russian friends watched. tears filling her enormous green eyes. ‘‘You ‘‘I don’t think the man who ruined my life In Serbia, also last year, said a young can call me a fool for coming here. That’s will even be fined,’’ she said softly, slow Ukrainian woman who escaped in October, a my crime. I am stupid. A stupid girl from a tears filling her enormous green eyes. ‘‘You woman who refused to work as a prostitute little village. But can people really buy and can call me a fool for coming here. That’s was beheaded in public. sell women and get away with it? Sometimes my crime. I am stupid. A stupid girl from a In Milan a week before Christmas, the po- I sit here and ask myself if that really hap- little village. But can people really buy and lice broke up a ring that was holding auc- pened to me, if it can really happen at all.’’ sell women and get away with it? Sometimes tions in which women abducted from the Then, waving her arm toward a muddy I sit here and ask myself if that really hap- countries of the former Soviet Union were prison yard, where Russian is spoken more pened to me, if it can really happen at all.’’ put on blocks, partially naked, and sold at commonly than Hebrew, she whispered one Then, waving her arm toward the muddy an average price of just under $1,000. last thought: ‘‘I am not the only one, you prison yard, where Russian is spoken more ‘‘This is happening wherever you look know. They have ruined us all.’’ commonly than Hebrew, she whispered one now,’’ said Michael Platzer, the Vienna- I ask unanimous consent to have last thought: ‘‘I’m not the only one, you based head of operations for the United Na- know. They have ruined us all.’’ tions’ Center for International Crime Pre- printed in the RECORD the full text of vention. ‘‘The mafia is not stupid. There is this article. TRAFFIC PATTERNS: RUSSIA AND UKRAINE SUPPLY THE FLESH less law enforcement since the Soviet Union There being no objection, the mate- Centered in Moscow and the Ukrainian fell apart and more freedom of movement. rial was ordered to be printed in the capital, Kiev, the networks trafficking The earnings are incredible. The overhead is RECORD, as follows: women run east to Japan and Thailand, low—you don’t have to buy cars and guns. TRAFFICKERS’ NEW CARGO: NAI¨VE SLAVIC where thousands of young Slavic women now Drugs you sell once and they are gone. WOMEN work against their will as prostitutes, and Women can earn money for a long time.’’ ‘‘Also,’’ he added, ‘‘the laws help the gang- (By Michael Specter) west to the Adriatic Coast and beyond. The routes are controlled by Russian crime gangs sters. Prostitution is semilegal in many RAMLE, ISRAEL.—Irina always assumed places and that makes enforcement tricky. that her beauty would somehow rescue her based in Moscow. Even when they do not spe- cifically move the women overseas, they pro- In most cases punishment is very light.’’ from the poverty and hopelessness of village In some countries, Israel among them, vide security, logistical support, liaison with life. A few months ago, after answering a there is not even a specific law against the brothel owners in many countries and, usu- vague ad in a small Ukrainian newspaper, sale of human beings. she slipped off a tour boat when it put in at ally, false documents. Mr. Platzer said that although certainly Women often start their hellish journey by Haifa, hoping to make a bundle dancing ‘‘tens of thousands’’ of women were sold into choice. Seeking a better life, they are lured naked on the tops of tables. prostitution each year, he was uncomfort- by local advertisements for good jobs in for- She was 21, self-assured and glad to be out able with statistics since nobody involved eign countries at wages they could never of Ukraine. Israel offered a new world, and has any reason to tell the truth. imagine at home. ‘‘But if you want to use numbers,’’ he said, for a week or two everything seemed pos- In Ukraine alone, the number of women ‘‘think about this. Two hundred million peo- sible. Then, one morning, she was driven to who leave is staggering. As many as 400,000 ple are victims of contemporary forms of a brothel, where her boss burned her passport women under 30 have gone in the past dec- slavery. Most aren’t prostitutes, of course, before her eyes. ade, according to their country’s Interior but children in sweatshops, domestic work- ‘‘I own you,’’ she recalled his saying. ‘‘You Ministry. The Thai Embassy in Moscow, ers, migrants. During four centuries, 12 mil- are my property and you will work until you which processes visa applications from Rus- lion people were believed to be involved in earn your way out. Don’t try to leave. You sia and Ukraine, says it receives nearly 1,000 the slave trade between Africa and the New have no papers and you don’t speak Hebrew. visa applications a day, most of these from World. The 200 million—and many of course You will be arrested and deported. Then we women. will get you and bring you back.’’ Israel is a fairly typical destination. Pros- are women who are trafficked for sex—is a It happens every single day. Not just in titution is not illegal here, although brothels current figure. It’s happening now. Today.’’ Israel, which has deported nearly 1,500 Rus- are, and with 250,000 foreign male workers— DISTRESS CALLS: FAR-FLUNG VICTIMS PROVIDE sian and Ukrainian women like Irina in the most of whom are single or here without FEW CLUES past three years. But throughout the world, their wives—the demand is great. Police offi- The distress call came from Donetsk, the where selling naı¨ve and desperate young cials estimate that there are 25,000 paid sex- bleak center of coal production in southern women into sexual bondage has become one ual transactions every day. Brothels are Ukraine. A woman was screaming on the of the fastest-growing criminal enterprises ubiquitous. telephone line. Her sister and a friend were in the robust global economy. None of the women seem to realize the prisoners in a bar somewhere near Rome. The international bazaar for women is risks they run until it is too late. Once they They spoke no Italian and had no way out, hardly new, of course. Asians have been its cross the border their passports will be con- but had managed, briefly, to get hold of a basic commodity for decades. But economic fiscated, their freedoms curtailed and what man’s cell phone. hopelessness in the Slavic world has opened little money they have taken from them at ‘‘Do you have any idea where they are, ex- what experts call the most lucrative market once. actly?’’ asked Olga Shved, who runs La of all to criminal gangs that have flourished ‘‘You want to tell these kids that if some- Strada in Kiev, Ukraine’s new center dedi- since the fall of Communism: white women thing seems too good to be true it usually cated to fighting the trafficking of women in with little to sustain them but their dreams. is,’’ said Lyudmilla Biryuk, a Ukrainian psy- Eastern Europe and the countries of the Pimps, law enforcement officials and relief chologist who has counseled women who former Soviet Union. groups all agree that Ukrainian and Russian have escaped or been released from bondage. The woman’s answer was no. Ms. Shved women are now the most valuable in the ‘‘But you can’t imagine what fear and real began searching for files and telephone num- trade. ignorance can do to a person.’’ bers of the local consul, the police, anybody Because their immigration is often ille- The women are smuggled by car, bus, boat who could help. gal—and because some percentage of the and plane. Handed off in the dead of night, ‘‘Do they know how far from Rome they women choose to work as prostitutes—sta- many are told they will pick oranges, work are?’’ she asked, her voice tightening with tistics are difficult to assess. But the United as dancers or as waitresses. Others have de- each word. ‘‘What about the name of the Nations estimates that four million people cided to try their luck at prostitution, usu- street or bar? Anything will help,’’ she said, throughout the world are trafficked each ally for what they assume will be a few lu- jotting notes furiously as she spoke. ‘‘We can year—forced through lies and coercion to crative months. They have no idea of the vi- get the police on this, but we need some- work against their will in many types of ser- olence that awaits them. thing. If they call back, tell them to give us vitude. The International Organization for The efficient, economically brutal rou- a clue. The street number. The number of a Migration has said that as many as 500,000 tine—whether here in Israel, or in one of a bus that runs past. One thing is all we need.’’

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22043 Ms. Shved hung up and called officials at very pretty. Young and tall. We invite you make more from these women in a week Ukraine’s Interior Ministry and the Foreign for work as models, secretaries, dancers, than we have in our law enforcement budget Ministry. Her conversations were short, di- choreographers, gymnasts. Housing is sup- for the whole year. To be honest, unless we rect and obviously a routine part of her job. plied. Foreign posts available. Must apply in get some help we are not going to stop it.’’ That is because Ukraine—and to a lesser person.’’ But solutions will not be simple. Criminal degree its Slavic neighbors Russia and One young woman who did, and made it gangs risk little by ferrying women out of Belarus—has replaced Thailand and the Phil- back alive, described a harrowing journey. ‘‘I the country; indeed, many of the women go ippines as the epicenter of the global busi- met these guys and they asked if I would voluntarily. Laws are vague, cooperation be- ness in trafficking women. The Ukrainian work at a strip bar,’’ she said. ‘‘Why not, I tween countries rare and punishment of traf- problem has been worsened by a ravaged thought. They said we would have to leave at fickers almost nonexistent. Without work or economy, an atrophied system of law en- once. We went by car to the Slovak Republic much hope of a future at home, an eager forcement, and criminal gangs that grow where they grabbed my passport. I think teenager will find it hard to believe that the more brazen each year. Young European they got me new papers there, but threat- promise of a job in Italy, Turkey or Israel is women are in demand, and Ukraine, a coun- ened me if I spoke out. We made it to Vi- almost certain to be worthless. try of 51 million people, has a seemingly end- enna, then to Turkey. I was kept in a bar and ‘‘I answered an ad to be a waitress,’’ said less supply. It is not that hard to see why. I was told I owed $5,000 for my travel. I Tamara, 19, a Ukrainian prostitute in a mas- Neither Russia nor Ukraine reports accu- worked for three days, and on the fourth I sage parlor near Tel Aviv’s old Central Bus rate unemployment statistics. But even par- was arrested.’’ Station, a Russian-language ghetto for the tial numbers present a clear story of chaos Lately, the ads have started to disappear cheapest brothels. ‘‘I’m not sure I would go and economic dislocation. Federal employ- from the main cities—where the realities of back now if I could. What would I do there, ment statistics in Ukraine indicate that more than two-thirds of the unemployed are such offers are known now. These days the stand on a bread line or work in a factory for women. The Government also keeps another appeals are made in the provinces, where no wages?’’ statistic: employed but not working. Those their success is undiminished. Tamara, like all other such women inter- are people who technically have jobs, and Most of the thousands of Ukrainian women viewed for this article, asked that her full can use company amenities like day-care who go abroad each year are illegal immi- name not be published. She has classic Slav- centers and hospitals. But they do not work grants who do not work in the sex business. ic features, with long blond hair and deep or get paid. Three-quarters are women. And Often they apply for a legal visa—to dance, green eyes. She turned several potential cus- of those who have lost their jobs since the or work in a bar—and then stay after it ex- tomers away so she could speak at length Soviet Union dissolved in 1991, more than 80 pires. with a reporter. She was willing to talk as percent are women. Many go to Turkey and Germany, where along as her boss was out. She said she was The average salary in Ukraine today is Russian crime groups are particularly power- not watched closely while she remained slightly less than $30 a month, but it is half ful. Israeli leaders say that Russian women— within the garish confines of the ‘‘health that in the small towns that criminal gangs they tend to refer to all women from the club.’’ favor for recruiting women to work abroad. former Soviet Union as Russian—disappear ‘‘I didn’t plan to do this,’’ she said, looking On average, there are 30 applicants for every off tour boats every day. Officials in Italy es- sourly at the rich red walls and leopard job in most Ukrainian cities. There is no real timate that at least 30,000 Ukrainian women prints around her. ‘‘They took my passport, hope; but there is freedom. are employed illegally there now. so I don’t have much choice. But they do In that climate, looking for work in for- Most are domestic workers, but a growing give me money. And believe me, it’s better eign countries has increasingly become a number are prostitutes, some of them having than anything I could ever get at home.’’ matter of survival. been promised work as domestics only to * * * * * ‘‘It’s no secret that the highest prices now find out their jobs were a lie. Part of the go for the white women,’’ said Marco Buffo, problem became clear in a two-year study re- Mr. BROWNBACK. Mr. President, executive director of On the Road, an anti- cently concluded by the Washington-based Irina’s story is told all too often and is trafficking organization in northern Italy. nonprofit group Global Survival Network: reenacted all too often around the ‘‘They are the novelty item now. It used to police officials in many countries just don’t world today. Our Government esti- be Nigerians and Asians at the top of the care. mates that between 600,000 and 2 mil- market. Now it’s the Ukrainians.’’ The network, after undercover interviews lion women are trafficked each year Economics is not the only factor causing with gangsters, pimps and corrupt officials, women to flee their homelands. There is also beyond international borders. They are found that local police forces—often those trafficked for the purpose of sexual social reality. For the first time, young best able to prevent trafficking—are least in- women in Ukraine and Russia have the right, terested in helping. prostitution by organized crime units the ability and the willpower to walk away Gillian Caldwell of Global Survival Net- and groups that are aggressively out from their parents and their hometowns. Vil- work has been deeply involved in the study. making money off the trafficking of lage life is disintegrating throughout much ‘‘In Tokyo,’’ she said, ‘‘a sympathetic sen- human flesh. It is wrong. This bill of the former Soviet world, and youngsters ator arranged a meeting for us with senior are grabbing any chance they can find to seeks to deal with that wrong and that police officials to discuss the growing preva- save themselves. tragedy that has occurred and is occur- ‘‘After the wall fell down, the Ukrainian lence of trafficking from Russia into Japan. ring around the world today. people tried to live in the new cir- The police insisted it wasn’t a problem, and This is significant human rights leg- cumstances,’’ said Ms. Shved. ‘‘It was very they didn’t even want the concrete informa- tion we could have provided. That didn’t sur- islation that this body is going to pass. hard, and it gets no easier. Girls now have I hope, predict, and pray that it will few and opportunities yet great freedom. prise local relief agencies, who cited in- They see ‘Pretty Woman,’ or a thousand stances in which police had actually sold pass today. It is significant human movies and ads with the same point, that trafficked women back to the criminal net- rights legislation for those poor young somebody who is rich can save them. The works which had enslaved them.’’ victims who are trafficked and who are glory and ease of wealth is almost the basic OFFICIAL REACTIONS: BEST-PLACED TO HELP, caught sometimes with the view that, point of the Western advertising that we see. BUT LEAST INCLINED ‘‘I am just stupid, I got caught in this,’’ Here the towns are dying. What jobs there Complacency among police agencies is not but who live this horrible, hellish life are go to men. So they leave.’’ uncommon. they have been put into and trafficked First, however, they answer ads from em- ‘‘Women’s groups want to blow this all out ployment agencies promising to find them into and can’t find their way out. of proportion,’’ said Gennadi V. Lepenko, The conference report is entitled work in a foreign country. Here again, Rus- chief of Kiev’s branch of Interpol, the inter- sian crime gangs play a central role. They national police agency. ‘‘Perhaps this was a ‘‘The Victims of Trafficking and Vio- often recruit people through seemingly in- problem a few years ago. But it’s under con- lence Protection Act of 2000.’’ As I nocuous ‘‘mail order bride’’ meetings. Even trol now.’’ mentioned previously, it passed the when they do not, few such organizations can That is not the view at Ukraine’s Par- House of Representatives on Friday, operate without paying off one gang or an- liament—which is trying to pass new laws to October 6, by a vote of 371–1. other. Sometimes want ads are almost hon- protect young women—or at the Interior The Senate will vote on this con- est, suggesting that the women earn up to Ministry. $1,000 a month as ‘‘escorts’’ abroad. Often ference report today, with the lead un- ‘‘We have a very serious problem here and derlying bill being the Brownback- they are vague or blatantly untrue. we are simply not equipped to solve it by RECRUITING METHODS: ADS MAKE OFFERS TOO ourselves,’’ said Mikhail Lebed, chief of Wellstone anti-trafficking legislation. GOOD TO BE TRUE criminal investigations for the Ukrainian In- Senator WELLSTONE and I have been One typical ad used by traffickers in Kiev terior Ministry. ‘‘It is a human tragedy, but working for the last year on this legis- last year read: ‘‘Girls: Must be single and also, frankly, a national crisis. Gangsters lation, which is a companion to the

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22044 CONGRESSIONAL RECORD—SENATE October 11, 2000 Smith-Gejdenson bill in the House The last step to adopting this legisla- forced against their will into the sex known as the Trafficking Victims Pro- tive package in Congress rests with the trade, transported across international tection Act of 2000. Senate today. borders, and left defenseless in a for- I want to thank and recognize my Before I continue describing this ur- eign country. This bill also addresses staff, Sharon Payt and Karen Knutson, gently needed legislation, I would like the insidious practice known as ‘‘debt two people who have worked tirelessly to take a few moments to thank some bondage,’’ wherein a person can be and endlessly to deal with this par- key people who have brought us to this enslaved to the money lender for an en- ticular issue. point today. Some of them are in the tire lifetime because of a $50 debt Our anti-trafficking bill is the first Galleries as I speak. They are people of taken by the family for an emergency. complete legislation to address the heart, courage, and intelligence whose This is a common practice in countries growing practice of international advocacy made a way for this bill— throughout the South Asian region. ‘‘trafficking’’ worldwide. This is one of whose dedication pried open the doors People of conscience have fought the largest manifestations of modern- and let the light shine into this dark- against the different manifestations of day slavery internationally. Notably, ness. Among them is Senator slavery for centuries. This anti-slavery this legislation is the most significant WELLSTONE who started this work long legislation is in the tradition of Wil- human rights bill of the 106th Con- before I came on board. He and his liam Wilberforce and Amy Carmichael gress, if passed today, as hoped for. wife, most notably, 3 years ago started of England, who were ardent abolition- This is also the largest anti-slavery bill advocating on this particular issue. I ists against different forms of slavery. that the United States has adopted know he stands firmly and strongly Amy Carmichael was a British mis- since 1865 and the demise of slavery at today as one of the principal advocates sionary to India at the turn of last cen- the end of the Civil War. Therefore, I to set this aside, and he brought this tury, in the early 1900’s. Upon arrival, greatly anticipate this vote today in forward and seeks to go forward from she was mortified to discover the rou- the Senate on this legislation. here to help those who are victims of tine practice of forced temple prostitu- Senator WELLSTONE’s and my traf- these crimes. tion. This was and continues to be a ficking bill, which passed in the Senate I also thank Congressmen CHRIS practice wherein young girls, from age on July 27 of this year, was conferenced SMITH and SAM GEJDENSON. I would to reconcile the differences with the six onward, are dedicated to the local also like to thank Gary Haugen of the temple, and are then forced into pros- House bill, and the conference report International Justice Mission and Dr. was filed on October 5, Thursday, of titution against their will to generate Laura Lederter of the Protect Project income. Upon this morbid discovery, last week. The final conference pack- at Johns Hopkins University. Dr. Amy Carmichael began to physically age contains four additional pieces of Laura Lederter of the Protect Project steal the young girls away from this legislation which are substantially ap- at Johns Hopkins University is the incredibly degrading form of slavery, propriate to our bill. Most significant foremost authority in the country on hiding the girls to escape the inevi- among those bill amendments is the tracking from where and to where table backlash of violence. Eventually, Violence Against Women Act, known these victims are trafficked. as VAWA, which provides relief and as- I have up here one of the maps she in- the government outlawed this practice sistance to those who suffer domestic troduced of women who have been traf- of forced temple prostitution, as a re- violence in America. Thus, the addi- ficked out of Russia and Ukraine with sult of her efforts. However, it bears tional four bills included in this con- the fall of the Soviet Union. With the noting that this terrible practice con- ference report include the Violence increased travel out of there to free- tinues today, in a lesser degree, in Against Women Act. This is a reau- dom, we have seen a huge amount of rural villages throughout South Asia, thorization of the initial bill which was trafficking also taking place. These are including India. passed in 1994 as part of the Omnibus the routes out of Russia and Ukraine This bill challenges the myriad forms Crime Control Act; this legislation re- and where they go—to Canada, to the of slavery including sex trafficking, news several grant programs to assist United States, to Mexico, to Europe, to temple prostitution, and debt bondage, law enforcement officers, social service Africa and Asia, to Australia and New among other forms. providers, and others dealing with sex- Zealand. This is the work of her This new phenomenon of sex traf- ual crime and domestic violence. project. ficking is growing exponentially. Some Also in this package is Aimee’s law, I also want to thank Michael Horo- report that it is, at least, $7 billion per which provides for interstate com- witz of the Hudson Institute, and Glo- year illicit trade, exceeded only by the pensation for the costs of incarceration ria Steinem, whom I am not noted to international drug and arms trade. Its of early-release sex offenders who com- thank, is part of this coalition; Chuck victims are enslaved into a devastating mit another sex crime in a second Colson, Jessica Neuworth, William brutality against their will, with no State. It is based on the circumstances Bennett, the National Association of hope for release or justice, while its of what happened in a Pennsylvania Evangelicals, the Southern Baptist perpetrators build criminal empires on case where a murderer was released Convention, among others I’m sure I’m this suffering with impunity. Our legis- early out of a Nevada prison, went to forgetting. I would also like to thank lation will begin to challenge these in- Pennsylvania, and kidnapped and bru- the staff for both the Senate and justices. tally raped and murdered a young girl House, including Joseph Rees, David This is the new slavery of the world, there who was in the very flower of life Abramowitz, Charlotte Oldham-Moore, Dr. Kevin Bales of the University of and coming forth. This law is built Jill Hickson, Mark Lagon, and my staff Surrey in England recently testified upon that terrible crime that took Karen Knutson and Sharon Payt. for us before the Senate Foreign Rela- place in Pennsylvania. Thank you all. We are here today at tions Committee. He astutely observed Also in this package is the 21st final passage because of all your ef- that the new slavery has a peculiar Amendment Enforcement Act, which forts. quality which does not look like the allows for State attorneys general to This legislation is our best oppor- old forms associated with lifetime enforce their State alcohol control tunity to challenge the largest mani- bondage as a chattel slave, but it is laws in Federal court, including laws festation of slavery worldwide, known slavery nonetheless. prohibiting sales to minors, which as ‘‘trafficking.’’ This practice of traf- Sex trafficking is among the most strengthens the grant of authority to ficking involves the coercive transpor- common forms of the new slavery and States under the 21st amendment to tation of persons into slavery-like con- typically entails shorter periods of the Constitution; and the Justice for ditions, primarily involving forced bondage, usually asking for 5 to 6 Victims of Terrorism Act, which au- prostitution, among other forms of years, or whenever something like thorizes the payment of foreign seized slavery-like conditions. AIDS or tuberculosis is contracted, assets to American victims of inter- Trafficking is the new slavery of the after which the victim is thrown out on national terrorism. world. These victims are routinely the street, broken, without community

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22045 or resources, left to die. I have met rights abuse. It is one of the greatest key and Europe. Closer to home, orga- with people caught in that condition. aspects of the globalization of the nized crime has trafficked Russian and Women and children are routinely world economy. The Victims of Traf- Ukranian women into sexually forced against their will. Sex traf- ficking and Violence Protection Act of exploitive work in dozens of cities in fickers favor girls aging in the range of 2000 is the first piece of legislation to the United States of America. Just 10 to 13. address the widespread practice of the next door, law enforcement authorities I have a number of other things I trafficking of men, women, and chil- suspected mafia involvement in the could say, but my time is limited. I dren into sweatshop labor and sexual gruesome murder of a Russian woman know a number of people want to speak bondage. trafficked to Maryland. on this bill. I ask to reserve the re- My wife Sheila urged me to do some- All of these cases reflect a new condi- mainder of my time. I will turn the thing about this problem several years tion: Women whose lives have been dis- floor over to Senator WELLSTONE. ago. Consequently, she and I spent rupted by civil wars or fundamental I ask unanimous consent on any time with women trafficked from the changes in political geography, such as quorum calls that might be called dur- Ukraine to work in brothels in Western the disintegration of the Soviet Union ing the discussion of this conference re- Europe and the United States. They or the violence in the Balkans, have port, that time be allotted and assessed told us after the breakup of the Soviet fallen prey to traffickers. against all allocated time to speak Union and the ascendancy of the mob, Seeking financial security, many in- under the bill, including myself and trafficking in women and girls became nocent persons are lured by traffickers’ Senator WELLSTONE, along with Sen- a booming industry that destroyed the false promises of a better life and lu- ator BIDEN, Senator HATCH, and Sen- lives of the youngest and most vulner- crative jobs abroad. Seeking this better ator LEAHY, who have all been allo- able in their home countries. life, they are lured by local advertise- cated time. I ask the quorum calls be We began work on the bill then, and ments for good jobs in foreign coun- equally divided between those who 3 years later, after extraordinary bipar- tries at wages they could never imag- have time under the bill. tisan effort, tremendous leadership ine at home. However, when they ar- The PRESIDING OFFICER. Without from Senators BROWNBACK and LEAHY, rive, these victims are often stripped of objection, it is so ordered. and SAM GEJDENSON and CHRIS SMITH, their passports, held against their will, Mr. BROWNBACK. I finally note to and others, it passed the House with a some in slave-like conditions, in the others who seek to speak on this bill, I vote of 371–1. Now it is poised to pass year 2000. invite Members to come to the floor to the Senate. Rape, intimidation, and violence are make comments. At the conclusion of Our Government estimates that 2 commonly employed by traffickers to our presentation, a vote will occur on million people are trafficked each year. control their victims and to prevent this conference report. Of those, 700,000 women and children, them from seeking help. Through phys- I yield the floor. primarily young girls, are trafficked ical isolation and psychological trau- The PRESIDING OFFICER. The Sen- from poor countries to rich countries ma, traffickers and brothel owners im- ator from Minnesota. and sold into slavery, raped, locked up, prison women in a world of economic Mr. WELLSTONE. Mr. President, I physically and psychologically abused, and sexual exploitation that imposes a thank the Chair. with food and health care withheld. Of constant threat of arrest and deporta- I thank my colleague, Senator those, as many as 50,000 immigrants tion, as well as violent reprisals by the BROWNBACK, for his very gracious re- are brought into the United States traffickers themselves to whom the marks. It has been an honor to work each year, and they wind up trapped in women must pay off ever-growing with him on this legislation. I think a brothels, sweatshops, and other types debts. That is the way this works. very strong friendship has come out of of forced labor, abused and too fearful Many brothel owners actually prefer this effort. There are some times when to seek help. foreign women, women who are far we can work and reach out and have Traffickers exploit the unequal sta- from help and from home, who do not the most interesting and I hope impor- tus of women and girls, including speak the language, precisely because tant coalition. Working with Senator harmful stereotypes of women as prop- of the ease of controlling them. Most of BROWNBACK, Sharon Payt, and Karen erty and sexual objects to be bought these women never imagined they Knutson has been the best legislative and sold. Traffickers have also taken would enter such a hellish world, hav- work. At the end of the day, I believe advantage of the demand in our coun- ing traveled abroad to find better jobs today we will pass this legislation. try and others for cheap, unprotected or to see the world. Members can feel they have done some- labor. For the traffickers, the sale of Many in their naivete believe noth- thing really good. They can make a human beings is a highly profitable, ing bad can happen to them in the rich positive difference. I thank Senator low-risk enterprise as these women are and comfortable countries such as BROWNBACK for his great leadership and viewed as expendable and reusable Switzerland or Germany or the United his great work for each step along the commodities. States. Others are less naive, but they way. In all the negotiations, all the Overall, profit in the trade can be are desperate for money and oppor- work that has been done, the Senator staggering. It is estimated that the size tunity. But they are no less hurt by the has been there. I thank the Senator. of this business is $7 billion annually, trafficker’s brutal grip. I want to talk about Charlotte only surpassed by that of the illegal Trafficking rings are often run by Oldham-Moore and Jill Hickson, who arms trade. Trafficking has become a criminals operating through nominally have worked with me and our staff, major source of new income for crimi- reputable agencies. In some cases over- who have done a great job. There are nal rings. It is coldly observed that seas, police and immigration officials other people who will be on the floor drugs are sold once while a woman or a of other nations participate and benefit who put this together—especially the child can be sold 10 or 20 times a day. from the trafficking. Lack of aware- Violence Against Women Act—Senator In the United States, Thai traffickers ness or complacency among govern- LEAHY, Senator BIDEN, Senator HATCH, who incarcerated Thai women and men ment officials such as border control and others, and SAM GEJDENSON and in sweatshops in El Monte, CA, are es- and consular offices contributes to the CHRIS SMITH have been phenomenal. I timated to have made $8 million in 6 problem. Furthermore, traffickers are thank them for their yeoman work on years. Further, Thai traffickers who rarely punished, as official policies the House side. I also thank Frank Loy enslaved Thai women in a New York often inhibit victims from testifying and Harold Koh at the State Depart- brothel made about $1.5 million over 1 against their traffickers, making traf- ment for their work. year and 3 months. ficking a highly profitable, low-risk The trafficking of human beings for Last year, Albanian women were kid- business venture for some. forced prostitution and sweatshop napped from Kosovo refugee camps and Trafficking abuses are occurring not labor is a rapidly growing human trafficked to work in brothels in Tur- just in far-off lands but here at home in

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22046 CONGRESSIONAL RECORD—SENATE October 11, 2000 America as well. The INS has discov- A review of the trafficking cases sponsible for the trafficking. It is de- ered 250 brothels in 26 different cities showed that the penalties were light signed to help Federal law enforcement which involve trafficking victims. This and did not reflect the multitude of officials expand antitrafficking efforts is from a CIA report. This is the whole human rights abuses perpetrated here and abroad, to expand domestic problem of no punishment—being able against these women. antitrafficking and victim assistance to do this with virtual impunity. In a Los Angeles case, traffickers efforts, and to assist nongovernment In a 1996 trafficking case involving kidnapped a Chinese woman, raped her, organizations, governments and others Russian and Ukrainian women who an- forced her into prostitution, posted worldwide, who are providing critical swered ads to be au pairs, sales clerks guards to control her movements, and assistance to victims of trafficking. It and waitresses, and were forced to pro- burned her with cigarettes. Neverthe- addresses the underlying problems vide sexual services and live in a mas- less, the lead defendants received 4 which fuel the trafficking industry by sage parlor in Bethesda, MD, the Rus- years and the other defendants re- promoting public antitrafficking sian-American massage parlor owner ceived 2 and 3 years. That is what they awareness campaigns and initiatives in was fined. He entered a plea bargain received. other countries to enhance economic and charges were dropped with the re- In a tragic case involving over 70 opportunity, such as microcredit lend- striction that he would not operate a Thai laborers who had been held ing programs and skills training, for business again in Montgomery County. against their will, systematically those who are most susceptible to traf- The women, who had not been paid any abused, and made to work 20-hour ficking, and have an outreach so salary and were charged $150 for their shifts in a sweatshop, the seven defend- women and girls as young as 10 and 11 housing, were deported or left the ants received sentences ranging from 4 know what they might be getting into. United States voluntarily. There was to 7 years with one defendant receiving It also increases protections and no charge at all. 7 months. services for trafficking victims by es- Teenage Mexican girls were held in In another case where Asian women tablishing programs designed to assist slavery in Florida and the Carolinas, were kept physically confined for years in the safe reintegration of victims and they were forced to submit to pros- with metal bars on the windows, into their communities and ensure that titution. guards, and an electronic monitoring such programs address both the phys- Russian and Latvian women were system, and were forced to submit to ical and mental health needs of traf- forced to work in nightclubs in the sex with as many as 400 customers to ficking victims. Midwest. According to charges filed repay their smuggling debt, the traf- Imagine what it would be like to be against the traffickers, the traffickers fickers received 4 years and 9 years—in age 12 or 13, a young girl, to go through picked the women up upon their arrival the United States of America, in the this. We have, in Minnesota, the Center at the airport, seized their documents year 2000. for the Treatment of Torture Victims. and return tickets, locked them in ho- I thank Senator BROWNBACK for his It is a holy place. I have had an oppor- tels and beat them. This is in our coun- work. It is important. tunity to meet with staff and meet try. The women were told that if they A review of the trafficking cases with many men and women who have refused to work in sexually exploitive showed that the penalties were light been helped by this center. These girls, conditions, the Russian Mafia would and they did not reflect the multitude these women, have gone through the kill their families. Furthermore, over a of the human rights abuses perpetrated same living hell. 3-year period, hundreds of women from against these women. The statutory This legislation also increases pro- the Czech Republic who answered ad- minimum for sale into involuntary ser- tections and services for trafficking vertisements in Czech newspapers for vitude is only 10 years, whereas the victims by providing community sup- modeling were ensnared in an illegal maximum for dealing in small quan- port. Furthermore, the bill seeks to prostitution ring. tities of certain drugs is life. stop the practice—and this is so impor- Trafficking in persons for labor is an Let me repeat that. The statutory tant. I am sitting next to Senator KEN- enormous problem as well. The INS has minimum for sale into involuntary ser- NEDY who has done so much with the also worked on cases involving South vitude is only 10 years, whereas the immigration work. This bill seeks to Asian children smuggled into the maximum for dealing in small quan- stop the practice of immediately de- United States to work in slavery-like tities of certain drugs is life. porting the victims back to potentially conditions. In one case, about 100 In- Few State and Federal laws are dangerous situations by providing dian children, some of them as young aimed directly at people who deliver or them with some interim immigration as 9 or 10, were brought into New York control women for the purpose of invol- relief. Victims of ‘‘severe forms of traf- and shuffled around the country to untary servitude or slavery in sweat- ficking,’’ defined as people who were work in construction and restaurants— shops or brothels. Consequently, pros- held against their will—‘‘for labor or ages 9 and 10, in the United States; ecutors are forced to assemble cases services through the use of force, fraud, today, in the United States—2000. using a hodgepodge of laws, such as or coercion for the purpose of subjec- Some of the children appear to have document fraud and interstate com- tion to involuntary servitude, peonage, been sold by their parents to the traf- merce, and accept penalties that they debt bondage or slavery’’—would be eli- fickers. In Woodbine, MD, a pastor believe are too light for the offense. Up gible for a special visa letting them bought Estonian children, ages 14 to 17, until this legislation, there was no way stay in the country at least through promising them they would attend for the prosecutors to go after these the duration of their captors’ prosecu- Calvery Chapel Christian Academy, but traffickers. tion, and perhaps permanently.*****- then forcing them to clean roach-in- The Victims of Violence and Traf- *****- -Name: -Payroll No. -Folios: vested apartments and to do construc- ficking Protection Act of 2000 estab- -Date: -Subformat: tion. The children worked 15 hours a lishes, for the first time, a bright line Right now, if you are a Ukrainian day. The children were threatened and between the victim and the perpe- girl or woman in a massage parlor in punishments included denial of food trator. It punishes the perpetrator and Bethesda, and you step forward to get and being forced to stand in one spot provides a comprehensive approach to some help, you are deported. The traf- for prolonged periods. solving the root problems that create ficker is hardly prosecuted. The victim The bitter irony is that quite often millions of trafficking victims each is automatically deported. This pro- victims are punished more harshly year. vides temporary visa protection. than the traffickers because of their il- This legislation aims to prevent traf- I will give an example. In a 1996 traf- legal immigration status, their serving ficking in persons, provide protection ficking case involving Russian and as prostitutes, or their lack of docu- and assistance to those who have been Ukrainian women who had answered ments, which the traffickers have con- trafficked, and strengthen prosecution ads to be au pairs, sales clerks, and fiscated in order to control the victims. and punishment for those who are re- waitresses but were forced to provide

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22047 sexual services and live in a massage rible, widespread, and growing human traordinary work he has done, along parlor in Bethesda, MD, 2 miles from rights abuse. with Senator BROWNBACK and others, here, the Russian American massage By way of conclusion, I say to my to make sure this legislation is consid- parlor owner was fined. He entered a colleagues, starting with Senator ered. All of us will forever be grateful plea bargain and charges were dropped BROWNBACK, I believe with passage of to him for his leadership in this ex- with the restriction that he would not this legislation—I believe it will pass tremely important area. I certainly operate his business again in Mont- today and the President will sign it— am. I thank him for an absolutely gomery County. The women, who had we are lighting a candle. We are light- splendid presentation. not been paid any salary, were forced ing a candle for these women and girls Mr. President, I’m pleased that the into prostitution, and were charged for and sometime men forced into forced Senate is finally about to pass the re- their housing, were deported. labor. I also think because of the work authorization of the Violence Against This legislation toughens current of so many in the House and the Sen- Women Act. The current authorization Federal trafficking penalties, criminal- ate, this can be a piece of legislation for the Act expired on September 30, izing all forms of trafficking in persons that other governments in other parts and it has taken far too long to bring and establishing punishment commen- of the world can pass as well. This is this important extension to the Senate surate with the heinous nature of this the beginning of an international effort floor. crime. The bill establishes specific laws to go after this trafficking, to go after A woman is beaten every 15 seconds against trafficking. Violators can be this major, god-awful human rights as a result of domestic violence. Every sentenced to prison for 20 years to life, abuse, this horrible exploitation of year, one-third of the women who are depending on the severity of the crime. women, sometimes men, and of girls. murdered are killed by their husbands Yes, if you are trafficking a young girl I am very proud of this legislation. I or partners, and approximately one and forcing her into prostitution, you thank my colleague from Kansas. I million women are stalked. Conserv- can face a life sentence. They can also thank other colleagues as well. ative estimates indicate that 60 per- be forced to make full restitution to Mr. President, how much time do I cent of disabled women, up to 25 per- their victims, paying them the salary have remaining? cent of pregnant women, and 1 out of 25 that would have been due for their The PRESIDING OFFICER (Mr. elderly people have suffered domestic months or years of involuntary service. HAGEL). The Senator has 36 minutes re- violence. This bill requires expanded reporting maining. This isn’t a problem that only affects on trafficking, including a separate list Mr. WELLSTONE. Mr. President, I adults. Each year, 3.3 million children of countries which are not meeting reserve the remainder of my time. The are exposed to domestic violence. In minimum standards for the elimi- other part of this legislation that is so homes where abuse of women occurs, nation of trafficking. significant, and I know colleagues are children are 1,500 times more likely to It requires the President to suspend here to speak about it, is the reauthor- be abused as well. Whether they wit- ‘‘nonhumanitarian and nontrade’’ as- ization of the Violence Against Women ness the violence or are actually as- sistance to only the worst violators on Act. I want to reserve time to speak saulted by the abuser, many children the list of countries which do not meet about that very important piece of leg- learn shocking behavior from adults. 12 these minimum standards and who ac- islation. For me, to see both of these percent of high school dating couples tively condone this human rights bills pass and to see it happen today is have suffered abuse in their relation- abuse. This is a major piece of human one of the best days I can have in the ships, and often these teenagers are rights legislation. This is a major Senate. I yield the floor. themselves victims of abuse at home. human rights bill. The PRESIDING OFFICER. The Sen- Eighteen-year-old Tanyaliz Torres These are the rare governments ator from Vermont. and her mother were stabbed to death which are openly complicit in traf- Mr. LEAHY. Mr. President, if the by her father in Springfield, Massachu- ficking people across their borders. It Senator from Massachusetts will with- setts. Fifty-eight-year-old Mabel allows the Congress to monitor closely hold for a moment, is my under- Greineder of Wellesley, Massachusetts the progress of countries in their fight standing correct that the Senator from was stabbed and bludgeoned to death against trafficking, and it gives the ad- Vermont has 3 hours? by her husband. From October 1999 ministration flexibility to couple its The PRESIDING OFFICER. The Sen- through September 2000, 24 Massachu- diplomatic efforts to combat traf- ator is correct. setts women and children were killed ficking with targeted enforcement ac- Mr. LEAHY. Mr. President, for the as a result of domestic violence. It is a tion. Finally, the bill provides three information of colleagues, I do not in- national epidemic that touches every generous waivers. tend to use all that time. At some community in the country. By passing the Victims of Violence point, I am going to yield back a con- The Violence Against Women Act and Trafficking Act today, this Cham- siderable amount of time. I know there was enacted in 1994 to address this ber will take a historic step toward the are Senators on both sides of the aisle problem and provide greater safety and elimination of trafficking in persons. who have commitments tonight, some peace of mind for millions of women Thanks to the partnership of Jewish connected with the debates of the two and their families. The act creates a and Evangelical groups, women and parties’ Presidential nominees. It is my partnership between the public sector human rights organizations, and oth- hope we will be voting fairly early this and the private sector at every level— ers, we will take a historic and effec- afternoon—a vote on the Thompson Federal, State, and local. Its goal is to tive step against organized crime rings point of order and final passage. establish a safety net of new programs and corrupt public officials who each I yield such time as the Senator from and policies, including community- year traffic more than 2 million people Massachusetts needs, and I ask unani- based services for victims, a National into desperate, broken lives of bondage mous consent that I then be able to Domestic Violence Hotline, needed and servitude. yield to the Senator from California. technological assistance, and larger Something important is in the air The PRESIDING OFFICER. Without numbers of well-trained law enforce- when such a broad coalition of people, objection, it is so ordered. The Senator ment officers and prosecutors. including Bill Bennett, Gloria Steinem, from Massachusetts. The national Hotline gives women Rabbi David Sapperstein, Ann Jordan, Mr. KENNEDY. Mr. President, I across the country immediate access to and Chuck Colson work together for greatly appreciate the absolutely the help they need. Since its initiation the passage of this legislation. I am splendid presentation by my friend and in 1996, it has received over 500,000 thankful for their support, I am thank- colleague, Senator WELLSTONE. I agree calls. When a Spanish-speaking woman ful for the support of the administra- with him on so many issues. His state- in Arizona needed shelter for herself tion, and I am thankful for your sup- ment today was one of his very best. and her three children, the Hotline port today in seeking to end this hor- We can certainly understand the ex- called a shelter in Phoenix, found a

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22048 CONGRESSIONAL RECORD—SENATE October 11, 2000 Spanish-speaking counselor, and gave married and moved to Saul’s home in in 1994 to help all victims of domestic the caller the counselor’s name and di- Massachusetts. Two years later, Saul violence, regardless of their citizen- rections to the shelter. In the countless began drinking heavily and gradually ship. It is long past time to restore and cases, the Hotline is an invaluable re- became physically and verbally abu- expand these protections. source, and we must do all we can to sive. The abuse escalated and Donna I am also pleased that the legislation support it. was forced to flee from their home. She includes authorization for increased In Massachusetts, $20 million under moved in with close family friends who funds for the National Domestic Vio- the Violence Against Women Act has helped her seek counseling. She also lence Hotline. Consistent with last been awarded to advocacy organiza- filed a petition for permanent resi- year’s funding, the bill authorizes $2 tions, law enforcement personnel, and dence under the provisions of the Vio- million a year for the hotline and en- State and local governments. The lence Against Women Act. sures that the Hotline will be an effec- Wampanoag Tribe of Gay Head re- Unfortunately, with the elimination tive source of assistance, providing ceived funding to develop and strength- of 245(i), the only way for Donna to ob- vital services to women, children, and en tribal justice strategies to remedy tain her green card is to return to their families. violent crimes against Indian women Ethiopia, the country where her father A second, equally important part of and to develop and strengthen services was murdered. The possibility of re- the bill we are considering today is the for victims. turning there terrifies her. This legis- Trafficking Victims Protection Act, The act also supports HarborCOV— lation will enable her to obtain her which condemns and combats the traf- Harbor Communities Overcoming Vio- green card here, where she has the sup- ficking of persons into forced prostitu- lence—a Massachusetts program serv- port and protection of family and ac- tion or forced labor, a practice that is ing Chelsea and Greater Boston. In ad- cess to the domestic violence coun- tantamount to modern day slavery. dition to its core services, HarborCOV seling she needs. Enactment of this legislation will has an economic development compo- Under this act, battered immigrants strengthen laws that punish traffickers nent which helps survivors move from will also have up to one year from the and ensure protection for their vic- welfare to work. Employment training entry of an order of removal to file mo- tims—most of whom are women and and employment referrals are also pro- tions to reopen prior deportation or- children. vided to help domestic violence victims ders. The Attorney General may waive One of the most important of these find jobs. the one year deadline on the basis of provisions expands assistance and pro- The reauthorization will ensure that extraordinary circumstances or hard- tection to victims of severe forms of support for these programs and others ship to the battered immigrant’s child. trafficking, ensuring that they receive will continue. It also includes impor- This Act will also expand remedies appropriate shelter and care, and are tant new measures, such as transi- for battered immigrants living abroad able to remain in the United States to tional housing assistance and a $175 with spouses and parents serving in the assist in the prosecution of traffickers. million authorization for shelters, United States military or other federal Relief from deportation is also critical which will be significant additional positions. Current law only allows bat- for victims who could face retribution tools in the battle against domestic vi- tered immigrants residing in the or other hardship if removed from the olence. United States to request this relief. United States. One of the most important provisions This bill will make it easier for these Sara, a native of Sri Lanka, was in the bill is the Battered Immigrant immigrants and their children to es- promised a lucrative job as a house- Protection Act. This provision helps cape abusive relationships and obtain keeper. Upon arrival in the U.S., Sara battered immigrants by restoring ac- the help they deserve. was virtually imprisoned in her em- cess to a variety of legal protections The legislation also grants the Attor- ployer’s Massachusetts home, and sub- undermined by the 1996 immigration ney General the discretion to waive jected to physical and sexual assault. laws. The Violence Against Women Act certain bars to immigration relief for She bore three children as a result of passed in 1994 included provisions that qualified applicants. For example, bat- rape. After 5 years of living in cap- allowed battered immigrants to apply tered immigrant women acting in self- tivity and isolation, she was finally for legal status without the coopera- defense are often convicted of domestic able to escape. This legislation will tion of their abusers, and enabled vic- violence crimes. Under the 1996 immi- provide persons like Sara with the pro- tims to seek protective orders and co- gration law, they became deportable tection and rights they need to assist operate with law enforcement officials and are denied relief under the Vio- in the prosecution of these despicable to prosecute crimes of domestic vio- lence Against Women Act. The Attor- crimes. lence. ney General will be able to use the Finally, this legislation also includes Unfortunately, the subsequent waiver authority to help battered im- an important provision to provide com- changes in immigration laws have re- migrants who otherwise qualify for re- pensatory damages to Frank Reed and duced access to those protections. lief. other American citizens who were vic- Thousands of battered immigrants are Also, recently divorced battered im- tims of Iranian terrorism. again being forced to remain in abusive migrants will be able to file self-peti- In 1986, Frank Reed, of Malden, MA, relationships, out of fear of being de- tions. Current law allows only battered was kidnapped in Lebanon. At the ported or losing their children. The immigrant women currently married time, he was a private citizen and pending bill removes obstacles cur- to their abusive spouses to qualify for president of the Lebanese International rently hindering the ability of battered relief. As a result, many abusers have School. During his 44-month captivity, immigrants to escape domestic vio- successfully rushed to the court house he was blindfolded, chained, tortured, lence safely and prosecute their abus- to obtain divorces, in order to deny re- and held in solitary confinement for 2 ers. lief to their immigrant spouse. This years. His captors periodically fed him It restores and expands vital legal provision will prevent this unfair re- arsenic, from which his health still suf- protections like 245(i) relief. This pro- sult and ensure that victims are not fers. vision will assist battered immigrants, wrongly deprived of the legal protec- In 1990, he was released to Syrian like Donna, who have been in legal tion they need. Army intelligence officers in Beirut, limbo since the passage of the 1996 im- These and other important measures who took him to the U.S. Embassy in migration laws. Donna, a national of will do a great deal to protect battered Damascus. I met him when he returned Ethiopia, fled to the U.S. in 1992 after immigrants and their children from do- to the United States after his tragic her father, a member of a prominent mestic violence and free them from the and traumatic ordeal. political party, was murdered. In 1994, fear that often prevents them from A U.S. judge ordered the Iranian Gov- Donna met Saul, a lawful permanent prosecuting these crimes. Congress en- ernment to provide Frank Reed and his resident and native of Ethiopia. They acted the Violence Against Women Act wife with $26 million in compensatory

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22049 damages, but the Government has re- promise on education, going back to economy and society. This is going to fused to comply. January 6, 1999. He said: be central in terms of our national de- Under the legislation we are approv- Education is going to be a central issue bate and discussion. That is what this ing today, the U.S. Government will this year.... For starters, we must reau- debate is all about. provide the funding. The amount will thorize the Elementary and Secondary Edu- What is going to be our involvement be recovered in turn by the U.S. Gov- cation Act. That is important. in terms of helping families? The fact ernment from the Iranian Government Remarks to U.S. Conference of May- is that we are absent in this debate be- through a Foreign Military Sales Ac- ors, January 29, 1999: cause we are refusing to conclude ac- count that holds $400 million. But Education is going to have a lot of at- tion. Frank Reed suffered immensely at tention, and it’s not going to be just This is what is happening in Amer- the hands of his brutal captors, and so words.... ica. More students are now taking the did his family, and he deserves this Press conference, June 1999: SATs. 83 percent of four-year colleges use SAT scores as a factor in admis- compensation. Education is number one on the agenda for I strongly support the Violence Republicans in the Congress this year.... sion. Increasing numbers of students Against Women Act of 2000, the Traf- are recognizing that a college edu- Remarks to the U.S. Chamber of ficking Victims Protection Act, and cation is the key to success in Amer- Commerce in February of 2000: the Justice for Victims of Terrorism ica. Families understand the impor- Act. This legislation will ensure that We’re going to work very hard on edu- tance of taking those tests; children cation. I have emphasized that every year we are doing much more to protect understand it. We want to make sure I’ve been Majority Leader.... And Repub- we are helping those families who have women from violence and abuse, and it licans are committed to doing that. deserves to be enacted as soon as pos- children taking the SATs and those A speech to the National Conference who would like their children to take sible. of State Legislatures, February 3, 2000: ELEMENTARY AND SECONDARY EDUCATION ACT the SATs. We must reauthorize the Elementary and As depicted on this chart, this is Mr. President, I want to also address Secondary Education Act.... Education the Senate for just a few moments on what has happened. From 1995, 42 per- will be a high priority in this Congress. cent of the children were taking SATs, another matter of importance to fami- On the Senate floor, May 1, 2000: lies all across this country which is and it is up to 44 percent in 2000. More students are also taking ad- central to their concerns, and that is, This is very important legislation. I hope we can debate it seriously and have amend- vanced math and science classes be- what has happened to this Senate’s ments in the education area. Let’s talk edu- cause they understand that in a highly commitment to passing and reauthor- cation. technological world, with new kinds of izing the Elementary and Secondary Press stakeout, May 2, 2000: demands in terms of technology, they Education Act? That legislation is the are going to have to do more in terms backbone of Federal participation in Question: Senator, on ESEA, have you scheduled a cloture vote on that? of math and science courses. We see in- helping local communities strengthen Senator LOTT: No, I haven’t scheduled a creases in the number of students tak- academic achievement and accomplish- cloture vote.... But education is number ing advanced classes in pre-calculus, ment. We are now going into the final one in the minds of the American people all calculus, and physics. Young people are days of this Congress and we still have across this country and every State, includ- doing their share. The real question is not reauthorized that central piece of ing my own State. For us to have a good, whether we in the Congress are going healthy, and even a protracted debate and legislation even though we have had to do ours. The answer comes back strong commitment by the majority amendments on education, I think is the way to go. that, no, we are not. Look at what has party that this was a priority and that been happening with the SAT math We agree with that statement. We we were going to have consideration of scores. They are higher now than in the still have some time, while we are this legislation. last 30 years, and they are continu- waiting for the appropriators to con- We heard a great deal during the re- ously moving up. The indicators are all clude their work, where we ought to be cent debates of our two candidates for positive. You would not know that lis- bringing this back and having a full de- President and our two candidates for tening to Governor Bush last week. We bate. We are prepared to do that. We Vice President about education. But know we are facing challenges across think it can be done. our American families are wondering, the country, but look at the SAT math Senate floor, July 10, 2000: whatever happened to the Senate of the scores; they are the highest in 30 years. United States on this issue? The fact I, too, would very much like to see us com- More kids are taking the SAT, and still is, we are basically AWOL, we are A-W- plete the Elementary and Secondary Edu- the scores are moving up. I think we cation Act.... I feel very strongly about O-L on this issue. It is the first time in ought to understand what is happening 35 years that we have failed to reau- getting it done.... We can work day and night for the next 3 weeks. out there. Some progress is being thorize this legislation. made. I understand, as we remain here for Senate floor, July 25, 2000: Now, this doesn’t mean that progress these final days, that we will have a We will keep trying to find a way to go is being made in all of the States. That conference report for agriculture, that back to this legislation this year and get it is very important, indeed. Looking at completed. we will have a series of appropriations the State SAT averages and progress conference reports, but there is no rea- That was on July 25, and we are still made since 1997, some States have done son in the world we can’t go back and waiting. much better than others. I am glad my complete this legislation in the time The fact is, we are failing to meet own State of Massachusetts has moved that we are in here waiting for the var- this central challenge. Our Presidential up some 8 points, from an average total ious appropriations bills. candidates are talking about the issue SAT score of 1,016 in 1997 to 1,024 in We continue to challenge the Repub- of education, but they are talking 2000. We have had major educational lican leadership to bring this back. about it in a vacuum because the Sen- reforms. We have done many things in There is still unfinished business in ate of the United States is failing to our State in terms of smaller class education and in the area of minimum take up this particular issue which sizes, better trained teachers, and wage. There is unfinished business on makes such a difference to families, afterschool programs. We are not doing the Patients’ Bill of Rights and on the and that is strengthening academic all the things we need to be doing, but prescription drug issue. achievement and accomplishment. The we have done a lot. We have also taken I want to reemphasize exactly where fact is that we are in a new world of advantage of Net Day to try, in a vol- we are on the issue of the Elementary technology and it is demanding. We untary way, to get good computers in and Secondary Education Act. These have to refocus and re-prioritize the classrooms with well-trained teachers. are statements that have been made by whole issue of education to make sure We also have found out in this discus- the Republican leader, Senator LOTT’s that it addresses the needs of today’s sion and debate that not all the

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22050 CONGRESSIONAL RECORD—SENATE October 11, 2000 States—including the State of Texas— seen them taking more difficult the point where you would put an issue have made progress. It is interesting courses. They are taking the chal- that deals with sales of wine on the that actually the State of Texas has lenges of SATs. They are prepared to Internet is beyond me. I don’t think declined some 2 points in their average move ahead. people really get what we do here when total SAT score since 1997. They Some of the States are moving ahead we take these issues and blend them dropped from an average score of 995 in boldly, such as North Carolina, in together. But let’s call it the way it is. 1997 to 993 in 2000. They are also below terms of their efforts. But we have to The Trafficking Victims Protection the national SAT total score average. ask ourselves: Where in the world are Act and the Violence Against Women The national average has gone up 3 the Congress and Senate in terms of Act are so important that Members are points from 1997 to 2000, but the State helping and assisting families in this willing to say, even if they didn’t agree of Texas has gone down 2 points. That area? The fact of the matter is that we with all the appendages, they are will- is a 5-point spread. So I think when we are AWOL. We have failed to do our ing to go along with them. I am going listen to these debates about what homework. If we were students with to make some comments about each ought to be done, we ought to try to this behavior, we would be in the prin- piece that is in this legislation. take with a grain of salt what has been cipal’s office for several hours in dis- The Violence Against Women Act is happening in Texas over the period of cipline. very near and dear to my heart because these last 3 years. We are going to continue to talk in 1990 I was over in the House, where In addition, looking back at the about this. I see that we now are going I served very proudly for about 10 trend over the last 10 years, as I under- to have a continuing resolution that years, and Senator BIDEN came to me stand it, in SAT verbal scores since will go into next week. We may go even and said: Would you be willing to offer 1990, Texas has been 10 points below the further. There is no reason in the world the Violence Against Women Act in the national average. By 2000, the gap had we can’t use these interludes to take House? He had authored it in the Sen- grown to 12 points. In math, Texas has on one of the really important issues ate. I was extremely pleased to agree. The whole issue of domestic violence been 12 points below the national aver- for families; that is, the reauthoriza- in our country up until that time was age. By 2000, the gap has grown to 14 tion of the Elementary and Secondary never discussed. It was swept under the points. Education Act. rug. Even though we knew it was bru- I think we want to have leadership at I thank the Senator from Vermont talizing women and children, we didn’t the national level that is going to for yielding time. have the courage to act. In those early bring continued improvement. We The PRESIDING OFFICER. The Sen- years, it was very hard to get attention know we have challenges. We know we ator from Vermont. paid to violence against women. have challenges in urban areas and we Mr. LEAHY. Mr. President, I believe I was able in the House to get have challenges in rural areas. But we under the unanimous consent agree- through just a couple of pieces of that also know some of the things that ment that I can now yield to the dis- legislation. But it wasn’t until I came work. The STARS Program, as we have tinguished Senator from California. I to the Senate with Senator BIDEN that seen in Tennessee, has been very im- ask the Senator from California how we really orchestrated tremendous sup- portant in terms of enhancing chil- much time she would like. port for the bill. In 1994, we got it dren’s academic achievement and ac- Mrs. BOXER. Between 10 and 15 min- through as part of the Crime Act. It complishment. utes. has proven itself. We know what has happened when we Mr. LEAHY. I yield 15 minutes to the In this particular reauthorization, we focus on getting better teachers in distinguished Senator from California. will provide $3.3 billion in funding over schools, such as in the State of Con- So many have worked so hard on the next 5 years to protect victims of necticut. Much of the progress there this. The distinguished Senators from domestic abuse and violence. We have has been under Republican as well as Massachusetts and Minnesota have made tremendous progress. We have Democratic Governors. We want to try spoken already, but especially Sen- seen a reduction of about 21 percent in to find out what has worked in these ators BOXER, MIKULSKI, LINCOLN, domestic violence. But still to this day, States and then have an opportunity to LANDRIEU, MURRAY, and FEINSTEIN we have a national crisis that shatters try to give general national application have worked so hard. the lives of millions of women across to it. But we are effectively being I yield 15 minutes to the Senator the country and tears at the very fab- closed out by the Republican leader- from California. ric of our society. ship from having this debate. That is I ask the Chair how much time is re- Reauthorizing these programs sends what families ought to understand maining for the Senator from Vermont. a much needed message to those who across this country. The PRESIDING OFFICER. The Sen- even think about lifting a hand to a We are basically being told we can’t ator has 2 hours 35 minutes remaining. spouse or think about lifting a hand to have a debate here in the Senate on the Mr. LEAHY. I thank the Chair. an innocent child that we will not issue of education. We had 6 days when The PRESIDING OFFICER. The Sen- stand silently by and that we in fact the measure was before the Senate, and ator from California. will protect those victims of domestic 2 days were for debate only. We had Mrs. BOXER. Mr. President, thank violence. eight votes and one was a voice vote. you very much. I thank my friend from We know that nationwide nearly one So that meant seven rollcalls and three Vermont for all his hard work. I thank in every three adult women experiences of them were virtually unanimous. So my friend, Senator WELLSTONE. I thank at least one physical assault by an inti- we really didn’t have much debate and Senator BROWNBACK. I thank Senator mate partner. We know for a fact that discussion. We had 16 days of debate on BIDEN and Senator HATCH. domestic violence is the leading cause the bankruptcy legislation and 55 dif- We have a very important bill before of injury to women age 15 to 44, with ferent amendments on it. So it is a us. I think the Trafficking Victims nearly one-third of women who are matter of prioritizing. Protection Act sort of stands on its murdered being murdered by a husband I dare say we are failing to meet the own. I would love to have seen that or a boyfriend. responsibilities to families across this come on its own because it is a land- Although domestic violence affects country who want to have investment mark piece of legislation. I felt the both men and women, the over- in the kinds of educational programs same way about the Violence Against whelming majority of domestic vio- that are going to work and who under- Women Act. lence victims happen to be women. stand their children are living in a new That is a landmark piece of legisla- That is why a majority of the services age of technological challenges. They tion. Unfortunately, I think we have authorized under the Violence Against want to see their children move ahead issues and pieces of legislation that Women Act focus on the unique cir- academically. We have seen that chil- shouldn’t be in here. But that is the cumstances of women in abusive rela- dren are prepared to do that. We have way it goes. How you would ever get to tionships.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22051 Again, we have made progress. Since know even when they are young they tressed that such an excellent nominee 1994, when the bill passed and President are more apt to be arrested and get in has had a hearing, but her nomination Clinton signed it into law, there has trouble. We know when they are adult has not come out of committee. We been a 21-percent decrease in intimate and they marry they are more likely to know of no one who is opposed to partner violence and we have increased abuse a spouse. Bonnie Campbell. I think it would be a battered women’s shelters by 60 per- When we talk about the Violence fitting tribute to the women of Amer- cent. Against Women Act, we are not talking ica to bring her nomination quickly to I remember in those years when we only about women. We are also talking the floor. were battling for this bill, we origi- about the children. If there is anything I appreciate the work of Senator nally pointed out that there were more we can do in this hallowed hall of the WELLSTONE and Senator BROWNBACK on shelters for animals than there were Senate, it is to protect children. We the Trafficking Victims Protection for battered women. I am proud to say have the Safe Havens for Children Pilot Act. We know that some of these vic- today we have seen an increase in the Program; we have victims of child tims have been subjected to the most number of shelters so we can in fact ad- abuse programs funded; we have rural horrific lives, including rape, sexual dress the critical needs of victimized domestic violence and child abuse en- abuse, torture, starvation, and impris- women and their children, many of forcement grants. This package also in- onment. The selling of naive and des- whom have absolutely no place to go cludes training for judges and court perate women into sexual bondage has and therefore sometimes they are personnel. We also, for the first time, become one of the fastest growing forced to stay in these abusive rela- look at battered immigrants, which is criminal enterprises in the global econ- tionships. Where are they going to go? a very important issue, because we omy. It is hard to understand how this They will go out on the street if they sometimes have people coming here could happen. But when people are in a don’t have a loving family to go home who don’t understand their rights. strange land and are frightened, they to. It is a tragic situation indeed. They need to understand their rights, look to others to protect them when The bill ensures that we will be fund- that their bodies don’t belong to any- they really want to hurt and harm ing a continued increase in these shel- one else, and they have a right to cry them. This legislation authorizes $94 ters. But we also want to stop the vio- out if they are abused. million over 2 years to stop this abhor- lence before it gets to that. We have There are many other programs reau- rent practice. STOP grants that provide moneys for thorized by the Violence Against At the beginning of my remarks, I rape prevention, and education grants, Women Act, such as those to combat talked about sometimes attaching bills and a 24-hour national domestic vio- sexual assault and rape, transitional to other bills that make no sense. I am lence hotline which is so important. housing, and civil, legal assistance. sad to say this has the alcoholic bev- Women in these circumstances need to Again, a lot of these folks don’t under- erage sales attached to it. I am very have a reassuring voice. They believe stand their legal rights. We provide sorry for the small wineries in my sometimes that no one cares about grants to counsel them. We include State. I tried to protect them. I will them; they are all alone. If they can protection for older and disabled have some kind of a colloquy with Sen- women. dial that hotline and get professional ator HATCH on this. Half of our 900 It is hard to even imagine an older help, it makes all the difference in the wineries in California are run by fami- woman in our society or a disabled per- world. son being victimized. Is there no rule lies. They don’t have big, elaborate dis- This bill will strengthen law enforce- that would say to every human being tributors; they don’t have a big dis- ment efforts to reduce domestic vio- that there has to be respect? Unfortu- tribution. Because of this they will lence by requiring the enforcement of nately, in some cases, these rules don’t need to sell their product on the Inter- other States’ protection orders as a penetrate. So we have to get tough and net. I have nothing against the way condition of funding for some of the make sure that we prevent this. How- wine is distributed, but the new tech- grants. In other words, if you have a ever, if it happens, we will crack down. nologies will make it possible for our batterer who tries to escape prosecu- Again, I thank Senator JOE BIDEN for many wine sellers to sell directly to tion by going across State lines, we ad- his work. It is very important. consumers without the need to go dress this issue. Also, a judgeship that is being held through a middleman or middle person. This is very important. I want to up is the nomination of Bonnie Camp- I think it is sad that we have attached talk about the children. We talk about bell to the U.S. Court of Appeals for this because these very small family- battered women, but we know—this is the Eighth Circuit. One might ask owned wineries may well suffer. an incredible fact as we look at the what it has to do with the Violence I am going to be working with my causes of violence in society, and we Against Women Act. The fact is, colleagues. I know Senator LEAHY is are right to look everywhere in the so- Bonnie Campbell has been the first and quite sympathetic to this. We want to ciety—we need to understand if a only Director of the Violence Against make sure there are no negative im- young boy sees his father beat his Women Office in the Department of pacts from this legislation. We think mother, that child is twice as likely to Justice, and her nomination is being there will be. But we are going to fol- abuse his own wife than the son of a held up because of partisan politics in low this very closely. nonviolent parent. If a child, particu- the Senate. Here is a woman who paved The excuse given is, we will stop kids larly a young boy, sees a father beat a the way for the Violence Against from buying on the Internet. That is a mother, he is twice as likely to abuse Women Act, ensuring it was successful, legitimate point. But we recommended his own spouse. and she is a perfect person to be a a solution dealing directly with pre- We know 10 million children every judge. She was the attorney general in venting underage drinking, and it was year are exposed to domestic violence. Iowa for many years. Her achievements not accepted. In my heart of hearts, I More alarming even than that is the and qualifications are obvious. If we believe this is a special interest piece fact that 50 percent to 70 percent of really care about the Violence Against of legislation to protect the distribu- those men who abuse their female part- Women Act, and I believe we do, then I tors. It doesn’t do anything to protect ners also abuse their children. It be- believe we will have an overwhelming young people from buying liquor. I comes a way of life and a way of com- vote, hopefully a unanimous vote. Then think it is a sad day for our small municating for which we should have we ought to look at one of the people wineries that are trying hard to sur- zero tolerance. These abused children who has made this act such a success. vive in California. are at high risk for violent, delinquent What a wonderful tribute it would be In conclusion, I again thank Senator behavior. The National Institute for to the women of America to make LEAHY for this time. It is a wonderful Justice reports that being abused as a Bonnie Campbell a judge. day. We finally got this Violence child increases a child’s likelihood of I join with Senator HARKIN on this Against Women Act reauthorized. We arrest as a juvenile by 53 percent. We because I know he has been quite dis- are going to put an end, hopefully, to

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22052 CONGRESSIONAL RECORD—SENATE October 11, 2000 the sex trafficking. It is a good day for everyone agrees is a terrible thing. bringing us to a point today where we the Senate. This hurts our small wineries—let’s are finally going to have a vote on this I only hope we will heed the words of call it the way it is—in favor of the big bill, despite the fact there are other Senator KENNEDY now and get on with distributors. parts of this bill that I do not believe education, get on with prescription But on the Bonnie Campbell point, I should be attached to it. I appreciate drugs, and get on with the real Pa- particularly want to say to my friend his efforts because this is an extremely tients’ Bill of Rights. Let’s do our how much I have appreciated his lead- important bill. work. We can do our work. The Amer- ership on these judicial nominations. I I have come to the floor to express ican people want us to do it. The way say today we would not have had even my strong support for reauthorizing the procedure is going now, we have no the meager number that we have had the Violence Against Women Act and chance to offer amendments on edu- without his leadership and his pointing to endorse the pending conference re- cation or health care. It is a shame. out, over and over again, that women port. In communities across America, I yield my time. and minorities are getting second-class the Violence Against Women Act has The PRESIDING OFFICER. The Sen- treatment here. been an overwhelming success. It has ator from Vermont. I ask my friend if he would recount, empowered women and children to es- Mr. LEAHY. Mr. President, I agree briefly, the study he had quoted many cape violent relationships, and it has with the distinguished Senator from times, showing that women and mi- helped to put abusers behind bars. On California on Bonnie Campbell. As the norities take about 3 months longer, on every account, the Violence Against one who has brought life into the Vio- average, to get through; just his com- Women Act deserves to be reauthor- lence Against Women Act, it is re- ments on how it always seems we are ized. I urge my colleagues to support markable that she cannot even get a here fighting for women or a minority. this vital legislation. vote in this Chamber on her judicial It does not seem as if we have to fight It is unfortunate that reauthoriza- nomination. that hard for the white male. tion was allowed to lapse this past I have said on the floor, although we Mr. LEAHY. If the Senator will yield, month, but I am pleased the Repub- are different parties, I have agreed the study was done by the non-partisan lican leadership has finally agreed that with Gov. George Bush, who has said Citizens for Independent Courts. In reauthorization must be a priority. I that in the Senate a nominee ought to fact, the former Republican Congress- wish we had reached the conclusion get a vote, up or down, within 60 days. man from Oklahoma, Mickey Edwards, earlier in this session. I urge in the time remaining in this co-chaired that study. They found, This subject deserves a much more session that he, as the head of his without taking sides and without tak- open and extended debate than has party, as their Presidential nominee, ing political stands, that women and been allowed, but I want to take full call the Republican leader of the Sen- minorities took longer to be confirmed advantage of the opportunity before us, ate and say that all of these women, all by the Senate. Unfortunately, a lot of the chance to reauthorize and of these minorities, in fact, all of the those women and minorities are not strengthen the Violence Against people who have been sitting here for even getting a vote. Women Act. VAWA has been nothing well over 60 days waiting for a vote on Again I say if Governor Bush means short of historic. their nomination, let them have a vote. it, pick up the phone and call 202–224– Not long ago, domestic violence was Vote for them or vote against them. 3121; ask the Senate switchboard to considered a private family matter. Bonnie Campbell deserves a vote. My connect him to the Republican leader That perception made it very difficult guess is the reason she has not been and say: You know, I have made it a for women to get help and for commu- brought for a vote is they know at tenet of my campaign that the Senate nities to confront domestic violence. least 80 of the 100 Senators would vote should vote on a nomination within 60 But all of that changed in 1994. I am for her. It would be impossible to jus- days. You can bring every one of these very proud to have worked to pass the tify a vote against her because of her people to the floor for a vote, up or Violence Against Women Act because, extraordinary qualifications. down, today. Let’s do so. Who knows. for the first time, our Nation recog- Again, if Governor Bush is serious We will find out how the Senate feels nized domestic violence for what it is— when he says have a vote within 60 about them. Are they for them or are a violent crime and a public health days, pick up the phone, call the Sen- they against them? Right now, instead threat. ate majority leader, reach him at the of voting yes or no, we vote ‘‘maybe,’’ Through the Violence Against switchboard, 202–224–3121, and ask him by having one or two Senators in the Women Act, we created a national to bring her to a vote. It is a very easy dark of night put holds on these people. strategy for dealing with violence thing to do. I see the distinguished Senator from against women. Today, looking back, it I agree with the Senator on the Washington State, who has been one of is very clear just how revolutionary Internet alcohol bill. That was in- the great leaders on the issue of vio- the act was. For the first time, it es- cluded over my objection. It is unnec- lence against women, on sex traf- tablished a community-wide response, essary. It is dangerous to e-commerce. ficking, and on these other issues. I ask bringing together cops and prosecutors, Adding Internet sales on alcohol de- her, how much time does the Senator shelters and advocates and others on means the issue of violence against from Washington require? the front lines of domestic violence. It women and sex trafficking that this Mrs. MURRAY. Ten minutes. authorized programs to give financial bill is all about. It is demeaning to Mr. LEAHY. We yield 10 minutes. and technical support to police depart- what is a good bill. The PRESIDING OFFICER. The Sen- ments to focus on domestic violence Mrs. BOXER. I thank my friend for ator from Washington. and to encourage arrests. It recognized his comments on all fronts. Regarding Mrs. MURRAY. Mr. President, I and supported the essential role of the his last comment, he is so right. When thank the Senator from Vermont for courts in ensuring justice. It provided I first learned there was a move to at- his comments. I am looking forward, funding for battered women’s shelters tach this bill to the Violence Against hopefully, to him chairing the Judici- and for programs that address the pub- Women Act, I was absolutely stunned. ary Committee next year; so that lic health impact of domestic violence. People have to watch what we do here. women such as Bonnie Campbell are VAWA authorized funding for the They understand, unfortunately, that not held up for months on end and we Centers for Disease Control and Pre- the special interests still have a lot of actually have a chance to put good, vention, for Rape Prevention and Edu- influence. This is one case where they qualified women and minorities into cation, and it helped establish a na- had too much influence. As my friend judiciary positions in this country. tional toll-free hotline for victims of knows, we tried to work this so we I also thank the Senator from domestic violence. Today, 1–800–799– could address the issue of juveniles Vermont for his tremendous work on SAFE offers battered women imme- buying liquor from the Internet, which the Violence Against Women Act, diate help. In fact, every month, that

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22053 hotline receives more than 13,000 calls. I had hoped we would have been able Mr. LEAHY. Out of the 3 hours? We Back in 1994, some people wondered to reauthorize the Violence Against have not been in session 3 hours, Mr. whether this unprecedented national Women Act in a timely manner and President. The Senator from Vermont strategy would work. Today, 6 years move to addressing those economic had a total of 3 hours. We went into later, the facts are in and it is clear issues that I have outlined. Unfortu- session less than 3 hours ago. that the Violence Against Women Act nately, we cannot have that debate The PRESIDING OFFICER. If the has been a success. Arrests and convic- today or in this session of Congress. Senator will indulge, we will recal- tions are up. We have more than dou- But let me assure my colleagues we culate. bled funding for battered women’s shel- will be back in the 107th Congress to Mr. LEAHY. I thought there might ters. Since 1994, we have appropriated fight to put these powerful tools in the be more. You have to watch out for close to $2 billion for VAWA-related hands of victims and their advocates. that fuzzy math. programs. Before I conclude, I want to say a The PRESIDING OFFICER. The Sen- As a member of the Senate Appro- special word of thanks to the many ator from Vermont has 1 hour 55 min- priations Committee, one of my high- people who have helped us reach this utes remaining. est priorities has always been increas- point today. Mr. LEAHY. That sounds a little ing funding for the Violence Against I thank, again, Senator LEAHY and closer to it. I am going to be reserving Women Act programs. In communities Senator BIDEN for their leadership. time for my own speech, but I have throughout my State and others, the They worked very hard to bring a bi- been withholding giving a speech be- need is overwhelming, and funding partisan bill to the floor today. cause other Members on our side want makes a dramatic difference. Working I also thank all of the advocates who to speak. I see the distinguished Sen- with the chairman of the Sub- fought so hard to ensure the success of ator from Maryland. I yield 5 minutes committee on Labor, HHS, and Edu- the Violence Against Women Act and to the distinguished Senator from cation of the Senate Appropriations who have been aggressive in urging Maryland, my good friend. Committee, I have seen funding for this Congress to act. Without their The PRESIDING OFFICER. The Sen- shelters climb from $10 million to more support in our communities, VAWA ator from Maryland. than $100 million. I know Senator would never have been a success. Ms. MIKULSKI. Mr. President, I hope SPECTER has been a strong advocate for I thank the Washington State Coali- today the Senate will pass legislation the Violence Against Women Act pro- tion Against Domestic Violence for its to improve the lives of women in Amer- grams. I am pleased that VAWA has al- dedicated work. ica and around the world and protect I thank all of the advocates, police ways been a bipartisan issue in appro- them from predators. officers, and community leaders with priations. Make no mistake, when people com- While we have much to be proud of whom I have worked since 1994 to im- mit crimes, they never commit crimes today, we cannot forget that abuse is plement VAWA and to strengthen this against people who are bigger, strong- still too common. In Washington State, important act. er, or have more power than they. They I thank the many shelters and orga- my home State, the toll-free domestic always go after the weak, the vulner- nizations that have opened their facili- violence hotline received more than able. One can be weak either in phys- ties to me during this session of Con- 37,000 calls between July 1998 and July ical strength or weak because one does gress, including the Tacoma-Pierce 1999. We cannot forget that there are not have the same size weapon. County YWCA, Kitsap Special Assault Today we have two pieces of legisla- still too few resources for women in Victims Investigative Services in need. In my State during that same pe- tion pending: One, the reauthorization Bremerton, the Bellingham YWCA, the of the Violence Against Women Act, riod, 23,806 women and children were Vancouver YWCA Domestic Violence turned away from shelters—turned and the other will break new ground to Day Care Shelter, the Spokane Domes- protect women and children who are away as they sought help because the tic Violence Consortium, the Spokane bought and sold around the world as if resources were not there. Women’s Drop-In Center, and the peo- they were commodities. They are vic- We cannot forget that not all com- ple at Vashon Island Domestic Vio- munities offer a full range of services, tims of predatory behavior. lence Outreach Services. By passing this legislation, we are and not all police departments are As I have visited with them, I have going to protect them. Women in their equipped to handle a life-threatening seen firsthand the services they offer domestic violence call. and the challenges they face. I have own homes are often victims of vio- The truth is, while the Violence spoken personally with women who lence. Mr. President, 900,000 women Against Women Act was a historic first have had their lives changed because of last year were battered in their own step, it was just that, a first step. The the services offered, and I have been homes. time has come for us to build on the impressed by the progress they are The Violence Against Women Act foundation created by that act. VAWA making day in and day out. Those ex- says we will not tolerate violence, offered an immediate response to the periences have strengthened my deter- whether it is in the home, in the neigh- threat of violence. Now it is time to ad- mination to support their work in the borhood, or on a street corner. dress the long-term issues. It is time to Senate. I thank Senator LEAHY and Senator confront the long-range economic bar- In closing, it is clear the Violence BROWNBACK who have been working on riers that trap women and children in Against Women Act has been a remark- this legislation, along with Senator violent relationships. able success. We cannot delay author- JOE BIDEN. We appreciate the support I have worked with Senators ization any longer, and I urge my col- and leadership of the good men here. WELLSTONE and SCHUMER to write and leagues to vote for this measure. I look We want to be sure that through this introduce the Battered Women’s Eco- forward to working with those in the legislation, we are going to not only nomic Security Act. This legislation Senate and those in my State to help prevent violence but help women re- tears down economic barriers and build on the progress of the Violence build their lives. The Violence Against breaks the cycle of violence. Our bill Against Women Act in the next session Women Act works through domestic vi- deals with employment discrimination, of Congress. olence programs at the State level, insurance discrimination, housing as- I thank the Chair. works with law enforcement, and sistance, legal help, and child care. It The PRESIDING OFFICER. The Sen- works in treatment programs for those addresses the punitive elements of the ator from Vermont. who were the abusers. I hope we pass welfare system that can penalize Mr. LEAHY. Mr. President, how this legislation. women who are fleeing dangerous situ- much time is remaining for the Sen- The second part is legislation that ations. It provides additional help to ator from Vermont? will also be a hallmark. It is the Sexual shelters and providers to meet the The PRESIDING OFFICER. The Sen- Trafficking Victims Protection Act. overwhelming needs of battered women ator from Vermont has 55 minutes 35 Girls as young as 10 years old are kid- and children. seconds. napped from their villages and taken to

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22054 CONGRESSIONAL RECORD—SENATE October 11, 2000 brothels or sweatshops where they are tims of domestic violence, and it cre- brought to the United States each year imprisoned, forced to work as pros- ates safe havens for women and chil- where they are forced into prostitution titutes, beaten, threatened, and even dren who are victims of domestic vio- or other servitude. This bill toughens drugged into submissiveness. They lence. current Federal trafficking penalties prey upon women in the poorest re- The Violence Against Women Act by doubling the current maximum pen- gions of the world. will protect thousands of woman alties for traffickers to 20 years impris- In addition, in central and southern throughout the country. Today we are onment with the possibility of life im- Europe, with the collapse of the old also taking steps to protect women prisonment. It also changes immigra- economy, women from very poor vil- throughout the world—by passing the tion law to help victims of trafficking. lages are lured by fraudulent scam Sex Trafficking Victims Act. This will stop the practice of deporting predators into thinking they are going The truly repugnant practice of traf- victims back to potentially dangerous to work in the West and are going to ficking in human beings affects be- situations. work in the hospitality industry. You tween one and two million women and We want this century to be one of de- bet it’s hospitality. It is called turning girls each year. As I have stated, girls mocracy and human rights. We will not them into whores. as young as ten years old are kidnaped achieve this unless everyone, including I say to my colleagues, that is not from their villages. Or unsuspecting the worlds’ poorest women, is able to what the free world and free economy families allow their daughters to control their own lives. This means should be about. We want to make the leave—with promises of good jobs and education, economic development, fam- trafficking in women and children as better lives. These women are taken to ily planning and civic institutions that criminal as the trafficking in illegal brothels or sweatshops—where they are protect the rights of women. The legis- drugs. Guess what. Often the same imprisoned. They are forced to work as lation we are passing today will take scum who traffic in women are also the prostitutes. They are beaten, they are us closer to achieving these goals. I ones who traffic in drugs and traffic in threatened—and many are killed. Even urge my colleagues to join me in illegal weapons of mass destruction. if a woman escapes, she is often so strongly supporting the Violence I support and applaud the efforts of afraid of retaliation that she will not Against Women Act and the Sex Traf- the Senator from Kansas who has testify against her abductors. ficking Victims Act. taken the leadership in this area. He Organized, international criminals In conclusion, 4 years ago, I was a has visited Asia and has seen the re- are responsible for the increase in traf- victim of violence. I was coming home cruitment and despicable cir- ficking. They prey on young women in from dinner with a wonderful professor cumstances under which young girls the poorest regions of the world. They who was an economic adviser to me and children are forced to work. From take advantage of the most vulner- and was here for a conference. I got her briefings here, we know this is going on able—who live in developing countries to her hotel. As I stepped out of my in the Balkans, out of Ukraine, and out with poor economic and uneven law en- car, zam, I was mugged. I lost my of Poland. Many are brought into this forcement. handbag. I had a severe injury to my country under false pretenses with Most countries have no way of deal- hand. I tried to fight him off, but he was over 6 feet, and I am under 5 feet. phony visas. We have to stop the traf- ing with this sophisticated form of Fortunately, I escaped with my life. ficking of women around the world. international crime. Many countries This is very good legislation. where trafficking is most prevalent All I had was a broken memory and It will improve the lives of women in lack the laws and law enforcement au- shattered security in my own neighbor- America and around the world. By thority to handle the problem. To hood. Thanks to the success of the Balti- passing the Violence Against Women often, when local authorities catch more Police Department and the press- Act, we are helping the victims of do- traffickers, the women get the brunt of ing of charges and the willingness not mestic violence to rebuild their lives. the punishment for prostitution—while to plea bargain, that man is doing time By passing the Trafficking Victims traffickers face minor penalties. while I hope I am out here doing good. That is why this legislation is so im- Protection Act, we are protecting I want to be sure the streets of Amer- portant. It focuses on prevention, pro- women and children who are bought ica are safe. I have an entire Baltimore and sold, and forced into slavery. tection, and support for victims, and community on my side, including the Again every year, more than 900,000 prosecution of traffickers. It recognizes informants. Not every woman has that. women are victims of violence in their that trafficking is a global problem Let’s try to get them the resources own homes. Every second, 20 women that requires an international solution. they need to be safe in their homes and are battered. The Violence Against To prevent trafficking this legisla- communities. I thank the Chair. Women Act says we will not let vio- tion raises the awareness of the prob- The PRESIDING OFFICER. The Sen- lence threaten women, families, or lem in villages and countries. It edu- ator from Vermont. communities. cates potential victims by promoting Mr. LEAHY. Mr. President, I recall Violence against women is not just a anti-trafficking awareness campaigns very well the incident of which the threat to the health and safety of and by authorizing educational and Senator from Maryland speaks. I am women. It is a threat to the health and training assistance to international or- pleased this is a case where the perpe- safety of families and our commu- ganizations and foreign governments. trator was arrested and prosecuted. nities. It also requires the Secretary of State One of the things I learned in my No woman in this country should live to report on the severe forms of traf- years as a prosecutor is that too often in fear. No woman should fear walking ficking in persons in the annual coun- nobody wanted to pursue those cases. home at night. No woman should fear try reports. All that meant, of course, was that leaving a campus library. No woman To strengthen prosecution, this legis- somebody else would be a victim. In should fear that her husband or boy- lation provides local authorities with this case, it was the Senator from friend will hurt her or her children. the tools to crack down on traffickers. Maryland. But from my experience, We will not tolerate it—not in Mary- To support the victims of trafficking, had the person not been apprehended, land, where 41 women were killed by this legislation directs funds for inter- not been convicted, then someday it domestic violence last year; not any- national organizations that help these would be somebody else. So I commend where in America, where 4 women a women to rebuild their lives. They are the people of Baltimore who rallied to day are killed by domestic violence. given a safe haven where they can re- her. At least out of that sorry thing The Violence Against Women Act cover. They are provided with edu- there was adequate prosecution. But supports programs that help women to cation, training, and microloans. we have so much violence against rebuild their lives. It strengthens law This legislation also recognizes that women that we never see. enforcement’s response to domestic vi- trafficking is not just a foreign prob- I recall so many times police officers olence. It gives legal assistance to vic- lem. Approximately 50,000 women are seeing a badly battered woman, and

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22055 where we would bring prosecution, but year-old girl who was unconscious from They are really being very aggres- as I talked to her, I would find this had drinking. sive. I hope if other district attorneys happened several times before in a do- Unfortunately, this judge is one of or other staffers or folks and other mestic situation and that they had many judges, or at least too many—the elected officials are tuning in today, gone to law enforcement, and others, number is too high—who are ignorant they will encourage district attorneys and had been turned back where noth- and uninformed. He said on the record all over this Nation to take up the no- ing had been followed up on. We had a in this particular case: ‘‘Finding an un- drop policy, because getting abusers very aggressive program in my office conscious woman is a dream come true convicted, getting them punished, and where we would follow up on it. I have to a lot of men.’’ then getting them the right treatment to think there are a number of deaths, Finding an unconscious woman is a for this is the only way we are going to though, that have occurred and do dream come true to a lot of men. stop this terrible tragedy from occur- occur in places where it is not followed I will submit this judge’s name for ring. up on. the RECORD and will be writing him a There are so many things I could say This is something you do not see in personal letter, asking him, if he did about this subject, but I do think our the sunny ads and the perfect homes make this statement which was re- leaders realize it is about education; it and domestic situations that we see on ported, that he resign his seat imme- is about district attorneys; it is about our television. The fact is, there are a diately. judges, it is about the court system; it That is part of the problem we have lot of places in this country where is not just about shelters and coun- in this Nation. The Senator from there is enormous violence against seling and aid, which is so important. Vermont, as a former prosecutor, un- women. This is the first step, giving women a derstands this well, that this problem I would add to the comments of my safe place to go, giving children a safe is pervasive. It is a real shame in colleague, it goes across every eco- place to go. Our justice system must America—this country of freedom and nomic strata, it goes across all social work for them. That is why this bill is order and democracy—that we still strata. This is not one thing that is so important. have a severe and serious problem of just in poor neighborhoods or just in My colleague from New Jersey is domestic violence. one ethnic group or another. This goes Sometimes our Nation takes that waiting to speak on the same subject. I across the economic strata. It goes extra step and goes that extra mile to thank Senator LAUTENBERG for his across good neighborhoods and bad stop violence on the street and to con- great leadership in this area. But let neighborhoods, large families and tinue to support our police officers. Yet me just for the record read some recent small families. But, unfortunately, when it comes to stopping violence in headlines. many times it never comes to the at- our own homes, our Government falls The PRESIDING OFFICER. The Sen- tention of law enforcement. Regret- short in terms of funding, in terms of ator’s 5 minutes have expired. tably, sometimes when it does, it is not research, in terms of education. Mr. LEAHY. Mr. President, I yield followed up on. This act, itself, will That is the hope that this act brings. the Senator 2 more minutes. help focus the attention of law enforce- It is to help move judges such as this Ms. LANDRIEU. I thank the Senator. ment on this. off the bench; so when he is up for re- Mr. President, let me read some re- Mr. President, the Senator from New election, there is some education in the cent headlines from our national news- Jersey had asked to speak, and I know community that would force his either papers because the Senator was mak- the Senator from Louisiana wishes to resignation or moving him off the ing an earlier point that I agree with, speak. bench through the election cycle. that this isn’t just in poor neighbor- Mr. BROWNBACK. Mr. President, if I There are prosecutors around the Na- hoods; this isn’t just in neighborhoods could say before my colleague from tion, some of whom are more enlight- of people who have recently come to Maryland leaves the floor, I thank her ened than others. But I will tell you of this Nation; this isn’t about people who for her leadership on this Violence two in my State who are doing an out- have not had a good education; this af- Against Women Act and for her state- standing job on this subject: DA Paul fects everyone in all walks of life. ments on the sex trafficking bill. I look Connick from Jefferson Parish and DA ‘‘Popular Romance Novelist Shot and forward to working with her on both Walter Reed from St. Tammany Par- Killed by Estranged Husband,’’ an AP issues as we move forward. Hopefully, ish. story from June 1999. this will be cleared through the Senate We have many excellent DAs. But in ‘‘Tommy Lee goes to jail for Wife and signed into law and we can take the last few years, many of these DAs— Abuse,’’ from USA Today, in May 1998. more actions and steps down the road 99 percent of whom, I would imagine, in ‘‘Colorado Rockies Pitcher Arrested to see that people are cared for in these the Nation are male and who perhaps on Suspicion of Punching Pregnant terrible situations. I do appreciate her do not come to the subject from a very Wife in Face,’’ from the Washington comments and her support. I thank the personal point of view—have been real- Post, August 1999. Senator. ly educated because of the good work ‘‘Number of Women Dying from Do- I apologize for the interruption. that has been done in this Congress and mestic Violence Holding Steady De- Mr. LEAHY. The Senator from Kan- with groups all around this Nation. spite Drastic Drop in Overall Homicide sas does not have to make any apolo- These two particular DAs have insti- Rates,’’ San Francisco, February 1998. gies with all the work he has done on tuted a very progressive policy which Mr. President, we have to do a better this. I appreciate him being here. is basically a no-drop policy, which job. We have to continue on this track. I yield 5 minutes to the Senator from means that if a battered woman comes Violence has no place in our society— Louisiana. in to file a charge, the DA takes it on our streets, on our playgrounds, or Ms. LANDRIEU. Mr. President, I join upon himself, and basically the State in back alleys. But it most certainly with the others in thanking our col- and the county and the parish, even if has no place in our homes where chil- league from Vermont, Senator LEAHY, she begins to back down because her dren grow up. If a home can’t be safe, for his leadership in this area and, of self-esteem is not as strong as it should if a home can’t provide peace for a course, Senator BIDEN and other Sen- be, or she is understandably frightened, child or a woman, as a person, where ators who have spoken this morning on or she has been threatened if she does can they find peace, Mr. President? this important subject. not drop the charges, to simply tell the That is what this bill is about. I want to follow up with what Sen- abuser, when he comes in for his inter- I think it is appropriate that the Vio- ator LEAHY just said by sharing with view: I am sorry, we refuse to drop the lence Against Women Act will be him, and with all here, an unfortunate charges. This is against you and me, passed with the Trafficking Victims story that appeared recently in a news- buddy, basically, and we are going to Protection Act. It says that we under- paper out of Maryland where a 44-year- see this to the end, where you can get stand that violence against women is a old man was convicted of raping an 18- the punishment coming to you. world wide problem.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22056 CONGRESSIONAL RECORD—SENATE October 11, 2000 In passing the Violence Against to this legislation that we think is The underlying Trafficking Victims Women Act in 1994 we seized the oppor- critically important. I also extend my Protection Act addresses a very serious tunity to be a world leader—to take thanks to Senator BROWNBACK of Kan- human rights issue in Europe and else- the stand that in the greatest democ- sas for his assistance in enabling us to where, where people are trafficking racy in the world it is unacceptable get our particular section of this bill particularly for sexual exploitation. that such violence occurs. into place. Finally, we are taking action to com- We have spent $16 billion on pro- Mr. President, a light comes as a re- bat trafficking and to help these vic- grams on education, assistance and sult of the fact that we have our female tims. I am pleased that this conference prosecution. We must continue. colleagues with us in this Senate. How report will also reauthorize the Vio- Every 5 minutes a woman is raped. hard they work to get things done on lence Against Women Act and expand Every day four women die as a result of both sides of the aisle. What a dif- coverage to include new programs for domestic violence. ference it has made in the way we oper- immigrant women, elderly women, and More women are injured by domestic ate. Many of us were here before there women in the military service. violence than by automobile accidents was a reasonable presence of women— Throughout my career, I have and cancer deaths combined. and it is not yet ‘‘reasonable’’; I will worked to help prevent domestic vio- We have made progress but there is strike that word. But that will change lence. I strongly supported the original more to be done. in time. We are getting there. They Violence Against Women Act, which Here are some of the other statistics have helped to bring to the conscious- Congress passed in 1994. I am so pleased from that Tulane study: ness of all America the kinds of abuses that we are going to take care of those More than eight of ten knew someone that are perpetrated against women aberrations of behavior that leave who had been murdered; and young children who are female— women and families devastated. But we More than half had witnessed a disgusting practices that shock us all; are getting onto another subject, as shooting; trafficking in young women, forcing well, which I think is critical, and that 43% said they had seen a dead body in them into virtual slavery and being is to provide justice for victims of ter- their neighborhood; and sexually exploited, and losing their rorism as part of the trafficking vic- 37% of them were themselves victims identity in the process. It is a humilia- tims protection conference report. of physical violence. tion few can imagine. I commend the Mr. President, we all talk about our If we think that violence is some- authors of this bill. Also, I commend objections and abhorrence of terrorist thing that only affects other countries them for including the section on vio- attacks against American citizens, we must think again. If we think that lence against women. whether abroad or at home, and I had a bill like the violence against wom- Mr. President, 3 years ago, when we an experience that was almost in front en’s act only affects women we are were hard at work trying to reduce gun of my eyes which shocked me and wrong. violence in our society, I offered a caused me to think about how we Studies show that a child’s exposure piece of legislation to prohibit those might prevent terrorism against our to the father abusing the mother is the who had even as little as a mis- citizens at any time, at any place. strongest risk factor for transmitting demeanor charge proven against them One of those victims was a young violent behavior from one generation from getting guns. It was a tough bat- woman named Alisa Flatow. She was a to the next. tle, and we were on the losing side a junior at Brandeis University and she A significant number of young males couple of times, with the old song was studying in Israel for a time. In in the juvenile justice system were about it which is ‘‘the camel’s nose 1995, on April 9, she boarded a bus that from homes where violence was the under the tent, and you will be control- took her from a place called Ashkelon order of the day. ling guns,’’ and so forth, instead of to another destination. She never ar- Family violence costs the nation thinking about how many lives we rived. Shortly after noon, when the bus from $5 to $10 billion annually in med- would save. We know that about 150 was in the Gaza Strip, a suicide bomber ical expenses, police and court costs, times a year a woman has a gun point- drove a van loaded with explosives into shelters and foster care, sick leave, ab- ed at her head—and I guess the reverse the bus. Seven passengers were killed. senteeism, and non-productivity. is also true occasionally—and is told, Alisa Flatow was among those injured. Last week I told you about a woman ‘‘I will blow your head off’’ in front of An Israeli Defense Forces helicopter from my State, Jacqulene Gersfeld, children. What kind of wounds does rushed her to a hospital in a commu- who was gunned down by her husband that leave even if the trigger isn’t nity nearby. It was the same day I ar- outside a courthouse just moments pulled? It is a terrible memory for all rived in Israel from a trip in the Middle after she filed for divorce. of those who are either victims or wit- East. When I arrived there, our U.S. The VAWA reauthorization includes nesses. Ambassador informed me of the ter- a provision to expand the investigation With the help of President Clinton, rible tragedy that had occurred and and prosecution of crimes of violence we were finally able to get a piece of that one of them was a constituent against women. legislation in a budget bill that had to from New Jersey and that she had been The need for this is great 85% of all be done—it is almost 4 years now, and severely injured in that attack. I im- reported rapes end up with no convic- it had to be done and it passed and was mediately reached her home in West tion. Almost 90% result in no jail time. signed into law—to prevent spousal and Orange, NJ, an area very familiar to In Baltimore, MD, a 44 year old man children abusers from getting permits me because I lived near that neighbor- was convicted of raping an 18 year old to own a gun. The result is that almost hood. girl who was unconscious from drink- 35,000 gun permits have been denied to I spoke to her mother, Rosalyn, and ing. The judge in the case said the fol- these people—35,000 potential opportu- was informed that Alisa’s father, lowing on the record: ‘‘Finding an un- nities for a man to put a gun against a Steve, was already on his way to Israel. conscious woman is a dream come true woman’s head and threaten to take her By the time he arrived, the emergency for a lot of men.’’ And so he sentenced life. So I support this bill with these surgery had failed to save his daugh- him only to probation. two sections. I have added a section— ter’s life. She died on April 10. She was Mr. LEAHY. Mr. President, I yield 10 myself and Senator MACK of Florida— 20 years old. minutes to the distinguished senior that talks about helping those who For any of those who have children, Senator from New Jersey. have been victims of terrorism, wheth- they know that 20 years of age is al- The PRESIDING OFFICER. The Sen- er on our shores or away from America. most the beginning of life. ator from New Jersey is recognized. American citizens are deserving of pro- I have three daughters and a son. Mr. LAUTENBERG. Mr. President, tection. I am pleased the Senate is Those were marvelous years as they first, I thank my colleague, Senator going to pass this package of worthy approached the end of their college LEAHY, for helping us get an addition legislation. terms and prepared for life beyond.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22057 But that didn’t prevent a faction of Lebanon in the late 1980s by captors you sponsor terrorism against Amer- the Palestinian Islamic Jihad from funded by Iran. ican citizens, you will pay a price. We claiming responsibility and being They and their families also deserve ought to be unrelenting in that. I was proud of what they did with that sui- justice, as do the families of those proud of our country when we moved cide bombing. What good was it going killed when the Cuban government in against Afghanistan to pay for the per- to do their cause to have one mission 1996 deliberately shot down two planes petrators of dastardly acts against of terrorists to frighten people and pre- used by Brothers to the Rescue. American citizens and their interests. vent them from conducting their lives Mr. President, The Antiterrorism Act We can never step aside and argue as they would like to without any spe- of 1996 gave American victims of state- whether or not it is appropriate. We cific gain to be had? sponsored terrorism the right to sue have to find out by testing the waters, There was a sponsor who paid some- the responsible state. by making sure that the legislation is thing to somebody to have these young The law carved out a deliberately there. If there is a challenge, so be it. people assassinated. It was Iran. That narrow exception to the sovereign im- But we have to indicate we will not is one of the reasons that country is munity protections our laws afford stand by and let this happen without still on the State Department’s list of other countries. repercussions to those who sponsor ter- terrorist countries. The PRESIDING OFFICER. The Sen- rorism. I want to tell you, Mr. President, ator’s 5 minutes has expired. I yield the floor. that I am befuddled by some of the pol- Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER (Mr. ROB- icy decisions we make. ask the Senator from Vermont if I may ERTS). The Senator from Minnesota. The PRESIDING OFFICER. The Sen- have 5 more minutes. Mr. WELLSTONE. Mr. President, I ator’s 10 minutes has expired. Mr. LEAHY. Mr. President, I yield an thank the Senator from New Jersey Mr. LAUTENBERG. I ask if I can extra 5 minutes to the Senator from and the Senator from Florida for their have 5 more minutes. New Jersey, especially because of the excellent work. I want to take a mo- Mr. LEAHY. I yield 5 more minutes tremendous work he has done along ment to engage in a colloquy with Sen- to the Senator from New Jersey. with the Senator from Florida, Mr. ator BROWNBACK to clarify a phrase in The PRESIDING OFFICER. The Sen- MACK, on this subject. I think they division A of the bill. In order to be eli- ator from New Jersey. have had to overcome so many obsta- gible for the visa provided, the traffic Mr. LAUTENBERG. I thank Senator cles and so many mysterious holds on victim would be required to prove she LEAHY. would face ‘‘extreme hardship involv- There is no stronger advocate for the their legislation. I, of course, yield 5 ing unusual and severe harm.’’ protection and safety of our citizens more minutes to the Senator. This is a new standard under the Im- than President Clinton. But I don’t un- Mr. LAUTENBERG. I thank the Sen- migration and Nationality Act. Can derstand why we take a country such ator from Vermont not only for his the Senator explain why this new as Iran and start to deal with them in graciousness in extending to me addi- standard was created? trade of insignificant items. Would you tional time but for the help and guid- Mr. BROWNBACK. I am happy to re- believe—I am almost embarrassed to ance that he gave as we tried to put spond to the Senator from Minnesota. say it—that caviar, pistachio, Persian this piece of legislation into law. Our goal then, and our goal now, is to This was raised in conference com- rugs are vital items for the well-being allow American victims to receive mittee under thorough discussion of our society? It is outrageous. about this new standard of ‘‘extreme But there are differences in point of some measure of justice in U.S. courts hardship involving unusual and severe view. I am not a professional diplomat. and to make state sponsors of ter- harm.’’ There was a fear on the part of Maybe I fail to understand the longer rorism pay for the death and devasta- some conferees that some judicial in- term value of something that looks tion they have wrought. terpretations over the term ‘‘extreme trivial to me as I express myself. Victims of terrorism have put the For the past five years, I have been 1996 law to good use. The Flatow fam- hardship’’ might be too expansive; spe- proud to stand with Steve Flatow in ily won a U.S. court judgment against cifically, the conferees objected to an his effort to achieve some measure of Iran in 1998. Other victims of terrorism interpretation that the applicant could justice for the killing of his daughter. won similar cases. prove ‘‘extreme hardship’’ by showing He and I both want to hold Iran ac- The Justice for Victims of Terrorism he or she would miss American base- countable. Act helps the victims collect compen- ball after being deported from the But Alisa Flatow was not Iran’s only satory damages they’ve won fair and United States. So this language should victim. Matt Eisenfeld of Connecticut square in our nation’s courts. be interpreted as a higher standard and Sarah Duker of New Jersey, a Foreign countries that sponsor ter- than some of these expansive interpre- young American couple in Israel, also rorism should have to pay for the awful tations of ‘‘extreme hardship.’’ were killed in 1996 when a suicide bomb toll that terrorist attacks take on fam- At the same time, however, this lan- from an Iran-sponsored group ripped ilies like the Flatows. And we hope guage should not exclude bona fide vic- through a bus they had boarded. that making terrorist states pay that tims who would suffer genuine and se- One cannot comprehend what these price will deter them from sponsoring rious harm if they were deported. missions are supposed to accomplish. terrorism in the future. There is no requirement that the harm I don’t want to bring the situation in Let me close, by thanking the many be physical harm. I repeat, there is no Israel and the Middle East up to a full- cosponsors and Senators who have requirement that the harm be physical scale debate at this moment. But there helped advance this legislation. I par- harm or that it be caused by the traf- can be nothing gained by assaults ticularly would like to thank Senator ficking itself. The harm or the hard- against people or their property. MACK, who has been with me every step ship does not have to be caused by the I made a speech yesterday in which I of the way, and Gary Shiffman on his trafficking itself. The purpose of in- pleaded with Mr. Arafat to stop the ha- staff. serting the phrase ‘‘unusual and se- tred of his people; to stop the inflam- I also want to thank Frederic Baron vere’’ is to require a showing that mation; to stop the propaganda that of my staff who worked so hard on this something more than the inconven- induces this kind of hatred and action; bill. ience and dislocation that any alien to stop ugly cartoons about people who I think this bill is a good example of would suffer upon removal might inhabit Israel, the Jewish community; bipartisan cooperation for a worthy occur. and to stop the anti-Semitic diatribes cause—helping provide justice for I wish to make it clear in future in- that still occur in Palestine. Stop it; American victims of terrorism abroad. terpretations of this act, while this is stop it. I am sure this legislation will pass higher than extreme hardship, it Well-known journalist Terry Ander- overwhelmingly, but I want this mes- doesn’t require physical harm; it son and others were held hostage in sage to go out across this globe: that if doesn’t require the harm be associated

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22058 CONGRESSIONAL RECORD—SENATE October 11, 2000 with the trafficking, to be able to allow start again. There is no protection. If port with an overwhelming vote. I am an American to qualify under this new you can do it at the safe havens, super- pleased to be a part of helping to work definition within the act. vision centers, you can protect the out this agreement. But I also think I thank my colleague from Minnesota woman and you can protect the chil- clearly, more than anything else, this for allowing me the opportunity to dren. ought to make us more determined to clarify this particular issue. Or it might be the case where you are do much more. Again, about every 13 Mr. WELLSTONE. I thank the Sen- worried about the threat of a father to seconds a woman is battered in her ator for his clarification. the children, but you cannot say a fa- home today in our country. We have been talking about the traf- ther can’t see the child; with a super- I will take a little more time to talk ficking legislation. Before a final vote, vised visitation center the father can about the trafficking bill, since both I want to get back to that legislation. see the children there. these bills are linked together, to again I think it is such an important human This is really important. We are make the point for all my colleagues, rights effort. working very hard right now with Sen- Democrats and Republicans alike, it is I will talk about the reauthorization ator HOLLINGS to get some funding. I critically important to vote for this of the Violence Against Women Act am pleased this is a part of this legisla- conference report, to keep this con- and make a couple of points. Again, to tion. ference report intact. have a vote on legislation that goes I say to colleagues, this was the work I will keep thanking Senator after this egregious practice of traf- of Jill Morningstar on my staff, who, BROWNBACK. It has been great to work ficking of women and girls for the pur- with my wife Sheila, made a lot of with him. I thank him for his fine poses of forced prostitution and forced progress. It is so important to reau- work. labor is important to our country and thorize. The hotline is important; the We are talking about 50,000 women, to the world. Then to have reauthoriza- training for police is important; the girls, trafficked to our country. We are tion of the Violence Against Women support for law enforcement is impor- talking about 2 million worldwide. We Act also makes this a doubly impor- tant; the support for battered women are talking about women, sometimes tant bill. I am so pleased to be on the shelters is so important for the people girls as young as 10 or 11, coming from conference committee and to be able to who are there in the trenches. All of countries where there is economic dis- be a part of helping to make this hap- this matters. The focus on rural com- integration. They are trying to figure pen. munities and support in rural commu- out a way they could go somewhere I thank Senator BIDEN, I thank Sen- nities is important, as well. It has and they are told they could become ator HATCH, and I thank Senator made a difference, a big difference. waitresses. They are told there is a job. In my State of Minnesota, this year LEAHY and others, for including in this When they arrive, their visas are bill authorization for what we call safe already 33 women have been murdered. taken away from them; they are beat- havens or safety visitation centers. Let Each case is an example of ‘‘domestic en; they don’t know the language; they me explain by way of example from violence.’’ Last year, in the whole year, don’t know their rights; and they are it was only 28. The year is only half Minnesota. I need to honor these chil- forced into prostitution. We had a mas- over and we have already had 33 women dren, and I need to honor their mother. sage parlor 2 miles from here in Be- who have been murdered. Clearly, we Anyone from Minnesota will remember thesda which was staffed mainly by are going to have to do a lot more. To the case of Alex and Brandon, seen in Russian-Ukraine women. That is one reauthorize this bill today is a huge this picture; two beautiful boys. It was example. This is one of the grimmest victory. these two boys and what happened to Mr. President, I think it should whet aspects of the new global economy. It them that made me understand the im- our appetite to do much, much more. I is, in many ways, more profitable than portance of safety visitation centers am absolutely committed to making drugs because these women and girls more than anything else that could sure we do more to provide some sup- are recyclable. It is that God-awful. In ever have happened. port for children who witness this vio- the year 2000, this legislation is the On July 3, 1996, Brandon, who was 5, lence in their homes. These kids run first of its kind in this country. It is a and Alex, who was 4, were murdered by into difficulty in school. These kids, model for many other governments their father during an unsupervised quite often, run into trouble. These around the world. visit. Their mother, Angela, was sepa- children are falling between the cracks We put a focus on three ‘‘P’s’’: No. 1, rated from Kurt Frank, the children’s and there is no real support for them. prevention, getting the outreach work father. During the marriage, she was There is another piece of legisla- done to other nations so these young physically and emotionally abused. An- tion—and I hope to get it in the bill— girls and women will know what they gela had an order of protection against I am very excited about Day One in are getting into and have some under- Kurt Frank, but during the custody Minnesota where we want to make sure standing what these traffickers are hearing she requested her husband not all of the shelters are electronically about. No. 2, protection, so when a girl be allowed to see the children in unsu- wired so with one call to the hotline, a steps forward, then she is not the one pervised settings. The request he see woman will know where she and her who pays the price. Right now there is the children only in supervised settings children can go. Rather than calling, no temporary visa protection so if you was rejected by the judge. Kirk Frank being told there is no space, and then were to try to get out of this you are was able to see his sons with no super- not knowing where to go, it should the one who is deported. In the mean- vision. When he did, and God knows only take one call. That is very impor- time, these traffickers go without any why, he killed them. We have a center tant. punishment, which is something I want now, that the community supports, Then, there is a whole set of initia- to get to in a moment. So you want to which is a safety visitation center. tives that would enable women to be provide that protection. You also want The point is this: There are two dif- more independent, to get more support to provide services for these young ferent examples. Say a woman has been to be more independent—whether it be women to be able to rebuild their lives battered. And please remember, every affordable housing, whether it be fam- after they have been through this tor- 13 seconds a woman is battered in the ily and medical applied to women in ture. It is torture. And finally, No. 3, country. Say she has had the courage this situation, whether it be more job prosecution. Right now our law en- to get away, to end this marriage. training—you name it. This will enable forcement community tells us they There is a separation going on and a di- women to be put in a position where want to go after them but they do not vorce; you are still not necessarily they are not unable or unwilling to have the laws. What we are saying is, if going to say the father can’t see the leave a very dangerous situation for you are involved in this trafficking, child, but if the father comes to the themselves and their children. you are going to face stiff sentences. If home to pick up the child, he steps in- I say to colleagues, I am so pleased you are involved in the trafficking of a side the home and then battering can we are going to pass this conference re- girl under the age of 14, you can face a

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22059 life sentence. So there is a very strong chemicals and various fuel oils were petrated on the citizens of another part of the provision dealing with pun- stored immediately next to their card- State. Specifically, Aimee’s law will ishment. board room. Faulty wiring in the rick- redirect Federal crime-fighting dollars We also have a listing of countries ety building resulted in a fire. One of from a State which has released early a where this is happening, with a special the workers was killed as he tried to murderer, rapist, child molester, to pay focus on governments that are escape the shed and another suffered the prosecutorial and incarceration complicit in it. The President can take horrible burns. Despite the atrocious costs incurred by a State which has action against those governments, but conditions, there was no evidence that had to reconvict this released felon for there are also security waivers and the men had been kept in the defend- a similar type of crime. other waivers. It is a balanced piece of ants’ service through threats of force More than 14,000 murders, rapes, and legislation. I am proud of it. I think it or violence; the men stayed in the shed sexual assaults on children are com- will make a difference. because Ms. Hou preyed upon their mitted each year by felons who have I think it is terribly important. I lack of English-speaking ability and been released after serving a sentence read some of these examples before. lack of immigration status, delib- for one of these very same crimes. Let me give a couple of examples right erately misleading the victims and Convicted murderers, rapists, and now of what is happening in the year convincing them there was nowhere child molesters who are released from 2000. else to go. prisons and cross State lines are re- In Los Angeles, where traffickers Because the labor of the workers was sponsible for sexual assaults on more kidnapped a Chinese woman, raped her, maintained through a scheme of non- than 1,200 people annually, including forced her into prostitution, posted violent and psychological coercion, the 935 children, including Aimee Willard. guards to control her movements, and case did not fall under the involuntary The reason I point this out is because burned her with cigarettes, the lead de- servitude statutes—which could have Aimee’s law previously passed this fendant received 4 years and the other resulted in life sentences given the body by a vote of 81–17. As I mentioned, defendants received 2 to 3 years for this death of one of the victims. Our legisla- it redirects Federal crime funds from a offense. tion changes that. That is why this leg- State that has released early a mur- In another case where Asian women islation is so important. No longer in derer, rapist, or child molester, to pay were kept physically confined for the United States of America are we the prosecutorial and incarceration years, with metal bars on the windows, going to turn our gaze away from this costs incurred by a State which has guards and an electronic monitoring kind of exploitation, to this kind of had to reconvict this felon for a similar system, and were forced to submit to murder of innocent people. crime. sex with as many as 400 customers to This is a real commitment by the The formula for early release is if the repay their smuggling debt, the traf- Senate and the Congress to defend criminal served less than 85 percent of fickers received between 4 and 9 years. human rights. This is a good piece of his original sentence, and if a State This is the year 2000 we are talking legislation. kept a criminal in prison less time about. I yield the floor. than the national average for a sen- Then I gave the example of a 1996 The PRESIDING OFFICER. The dis- tence of the same crime. trafficking case involving Russian and tinguished Senator from Kansas. To counter concerns raised by the Ukrainian women who would answer Mr. BROWNBACK. Mr. President, I National Governors’ Association, this ads to be au pairs, sales clerks, and wish to speak on a couple of other pro- does not federalize any crimes. I em- waitresses but were forced to provide visions in this bill to clarify those for phasize that, it does not federalize any sexual services and live in a massage Members. We will be voting on it later crimes. It simply upholds State stand- parlor in Bethesda, MD. The Russian- today. If others of my colleagues desire ards regarding murder, rape, and child American massage parlor owner was to speak on this bill, I urge them to molestation. fined. He entered a plea bargain, the come to the floor and speak now or for- Sex offenders have one of the highest charges were dropped, with the restric- ever hold their peace on this particular recidivism rates of any crime, thus, re- tion he would not operate a business piece of legislation. quiring more stringent standards in again in Montgomery County. The The item I wish to speak on now is amount of the sentence served. women, who had not been paid any sal- Aimee’s law. This is a part of this over- This only affects Federal crime funds ary and were charged $150 for their all conference report that has passed which are transferred from State 1 to housing, were deported or left the the House, as I mentioned, by 371–1. State 2 where a crime has been com- country. Aimee’s law was prompted by the trag- mitted of a similar type by the crimi- This is what we are dealing with ic death of a college senior, Aimee Wil- nal who was released early from State right now. There was a case involving lard, who was from Brookhaven, PA, 1. 70 deaf Mexicans that my colleagues near Philadelphia. Arthur Bomar is a The reason I go through this at some may remember, who were held under convicted murderer who was earlier pa- length is because some of my col- lock and key, forced to peddle trinkets, roled from a Nevada prison. Even after leagues have a concern about this. I who were beaten and in some cases tor- he had assaulted a woman in prison, understand there will be a point of tured. The leader received 14 years and Nevada released him early. Bomar order raised against this as being part the other traffickers from 1 to 8 years. traveled to Pennsylvania where he of the overall package. There will be a We intend to take this more seri- found Aimee. He kidnapped, brutally vote on that point of order. ously. Let me give one other example. raped, and murdered Aimee. He was If people want to get this bill dealing The United States v. Hou, several prosecuted a second time for murder with sex trafficking, the Violence Mexican nationals, all illegally in the for this terrible crime in Delaware Against Women Act, the international United States, were required to live in County, PA. terrorism aspect of this bill, the Inter- one of the chicken sheds at an egg Aimee’s mother, Gail Willard, has be- net alcohol enforcement of this bill ranch. The shed was open to the ele- come a tireless advocate for victims’ through, they need to vote against ments. The defendants, man and wife, rights and serves as an inspiration on those who seek to strip this particular did not give the men any shelter, but this particular piece of legislation. provision out of the bill because if they encouraged them to build a small room This important legislation would use strip this provision out, the bill has to out of cardboard and styrofoam egg Federal crime-fighting funds to create go back to the House for it to be voted cartons. an incentive for States to adopt strict- on, and it will have to be voted on The men lived less than 15 feet from er sentencing laws by holding States fi- again in the Senate. the chickens they tended. The men had nancially accountable for the tragic We do not have the time to do it. It to spread powerful pesticides in and consequences of an early release which will kill the bill. If people vote to strip around the chicken sheds, and the results in a violent crime being per- this provision out of this particular bill

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22060 CONGRESSIONAL RECORD—SENATE October 11, 2000 and send it back to the House, and it I plead with them: Do not strike this traneous items that were added over has to come back here, it will kill the particular provision, Aimee’s law, be- my opposition and that should not bill. We do not have time to do that. cause it will sink the entire bill. It is a have been added to this conference re- While some raise federalism argu- good bill. It is good legislation. It pre- port at all. I will speak on each of ments, most of our colleagues have al- viously passed both Houses overwhelm- these matters. ready voted in favor of Aimee’s law; 81 ingly. Let’s get it done. At the outset, I want to acknowledge have voted in favor of it already. There I reserve the remainder of my time, the important work of Representative are some arguable federalism prin- and I yield the floor. CONYERS in the House, who has been a ciples involved. I think most of those The PRESIDING OFFICER. The dis- stalwart and consistent supporter of have been worked out with the Na- tinguished Senator from Vermont is the Violence Against Women Act of tional Governors’ Association. There is recognized. 2000. Without his cooperation and sup- a strong advocacy group that has Mr. LEAHY. Mr. President, I yield port and the hard work of his staff, we worked to get these standards where, if the distinguished Senator from New would not be standing here today. I a person has been convicted in one Mexico time off my time. I yield to also want to pay tribute to the efforts State, they should serve their time him for another purpose, and once he of Senators BOXER, MIKULSKI, LINCOLN, rather than being released to commit a speaks, I am sure the Chair will under- LANDRIEU, MURRAY and FEINSTEIN. similar crime in another State. That is stand the reason. I yield to the Senator Their efforts throughout this Congress, the direction of this. from New Mexico. including in the last several days, have I plead with my colleagues: Do not The PRESIDING OFFICER. The Sen- made the difference in our ability to remove this provision. Do not support ator from New Mexico is recognized. move forward to begin this debate the point of order because, if you do, it Mr. BINGAMAN. Mr. President, I today. is going to kill everything. It will kill thank my colleague for his courtesy in With Senators KENNEDY, BIDEN, the sex trafficking bill. It will kill the yielding me some time. I ask unani- SPECTER, SMITH and so many others, I Violence Against Women Act. Do not mous consent that I be allowed to have been urging the Republican lead- do it. Most people have already sup- speak as in morning business for 3 min- ership to take up and pass the Violence ported this particular provision, utes. Against Women Act of 2000 for some Aimee’s law. The PRESIDING OFFICER. Without time. I had to urge action by the Judi- I wish to say a couple of things on objection, it is so ordered. ciary Committee for several weeks be- other issues before we break for the (The remarks of Mr. BINGAMAN are fore we were finally able to have it policy luncheons. I particularly appre- located in today’s RECORD under added to the agenda on June 15, 2000. It ciate my colleagues, Senator LAUTEN- ‘‘Morning Business.’’) was reported unanimously the same BERG and Senator MACK, for their pro- The PRESIDING OFFICER. The Sen- month. Over the last several months visions on the Justice for Victims of ator from Vermont. since this legislation was reported, I Terrorism Act. I understand Senator Mr. LEAHY. Mr. President, I reit- have worked and prodded and pushed HATCH will speak later about the 21st erate something the Senator from Kan- along with our Democratic Leader Sen- Amendment Enforcement Act on sas and the Republican floor leader on ator DASCHLE, Senator REID, Senator VAWA. We have had an excellent dis- this bill have said, and that is that we DURBIN, Senator ROBB, Senator BINGA- cussion this morning on the impor- hope, because of the request of a num- MAN and others on both sides of the tance of this legislation protecting ber of Senators on both sides of the aisle to try to get this matter taken up women who are subject to domestic vi- aisle, to get these votes on both the and passed without further delay. olence. This is reauthorization of im- Thompson point of order and final pas- The President of the United States portant language and important legis- sage sometime midafternoon today. As wrote the Majority Leader back on lation and strengthening of it as well. one who holds the largest bulk of the September 27, 2000 urging passage. The That is an important feature. individual time, I alert my colleagues First Lady and the Vice President had I appreciate Senate majority leader that after the distinguished Senator previously called for passage back in TRENT LOTT bringing this issue to the from Utah and the distinguished Sen- floor. It is a good package of protection June at the time of the Judiciary Com- ator from Delaware, I will yield back for both domestic and international mittee markup. The Violence Against women and children subject to vio- the remaining part of that time which Women Act of 2000 is a matter upon lence. That is the theme that runs will move up somewhat the time of the which we need to act. I addressed this matter twice on the through this set of acts. It is protec- vote. Senate floor in late September when an tion for women, protection for chil- The reason, incidentally, I have re- dren, protection domestically, and pro- served the bulk of my time is to pro- effort was being made by some on the tection internationally. tect a number of Senators who wished Republican side of the aisle to try to I am very pleased with this legisla- to speak. I think virtually all of them use VAWA as a vehicle to force consid- tion. It is a key piece of legislation to have spoken. At least one of the Sen- eration of a flawed bankruptcy bill or pass during this session of Congress to ators who would have wished to speak, to override Oregon state law. I said provide that level of protection. I am the Senator from California, Mrs. FEIN- that playing political games with this glad it has been done on a bipartisan STEIN, has just undergone surgery for important legislation was the wrong basis. Mostly my colleagues from the an accident to her leg and is not going thing to do and that VAWA should not other side of the aisle have spoken this to be here, although, of course, any be used as leverage to enact less wor- morning supporting this legislation. statement by her will be printed in the thy provisions. Unfortunately, the Re- Support is similarly strong on our side RECORD. But the others have spoken. publican leadership in the Senate has of the aisle. It is good to have that sup- Mr. President, I am glad that the been adamant in its refusal to take up port back and forth. Senate is finally taking up this con- and consider VAWA as a stand alone Rather than using up the rest of my ference report. Unlike the conference matter, even after the House passed its time, I simply say to my colleagues on the Hatch-Leahy juvenile justice bill by a 415 to 3 vote. While we have who want to speak, please come to the bill that passed the Senate in May 1999 been successful in preventing VAWA floor. I anticipate we will be voting on with a bipartisan majority of 73 votes, from being used as a vehicle for some this legislation by the middle of the and so many other matters that are measures, thanks in part to the Presi- afternoon. We will be recessing for pol- still left undone by this Congress, we dent pro tempore Senator THURMOND icy luncheons from 12:30 p.m. until I have an opportunity through this con- and Senator BROWNBACK honoring com- believe 2:15 p.m., which is the normal ference report to come to conclusion on mitments they made to me in order to recess time. three items that I have supported and go to conference, we have not been This will be a good time for people to tried to pass for many months. Unfor- wholly successful and two additional comment on this important legislation. tunately, there are two additional, ex- and unfortunate riders are included

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22061 over my objection in this conference ferees all voted against. I am glad that These are the reasons that, last Friday, report. over the ensuing days, the other four our colleagues in the House passed the Due to their dilatory tactics, VAWA Senate conferees and the House con- Conference Report on Victims of Traf- was allowed by the Republican leader- ferees, whose votes initially seemed to ficking and Violence Protection Act 371 ship to lapse on Saturday, September doom this effort, have reversed posi- to 1. 30, despite the fact that it has served tion and joined with us to add VAWA The trafficking of people for the il- the women of this country well and the into this conference report. I am glad licit sex trade or slave labor is plainly measure had passed the House by a that others agree with us that while we abhorrent. This conference report par- vote of 415 to 3. Such inaction by the need to address the tragic plight of tially addresses that problem by pro- current Senate majority is not limited women who are brought to the United viding additional authority to law en- to reauthorization of VAWA. Congres- States, we need to pass reauthorization forcement and offering visas to victims sional leaders have continued to drag of VAWA to help battered women in of severe trafficking, among other their feet on enacting comprehensive this country, as well. measures. Those who have experienced juvenile crime prevention and enforce- Although a conferee, I did not sign the horror of trafficking and are will- ment legislation and reasonable gun the conference report that we consider ing to assist law enforcement in pros- safety measures, which have been today. It may come as a surprise to ecuting trafficking should receive the stalled in conference for over a year. some who have served in this body and option of staying in the United States. Judicial vacancies around the country remember how conferences are sup- The law enforcement and immigration and most acutely in our federal courts posed to proceed, that I was not given measures in this report are the result of appeals remain vacant month after an opportunity to consider the final re- of compromises reached between both month, year after year, while qualified port or to sign before it was filed. In- Houses and both sides. In some cases, women and men cannot get a hearing deed, after a second short meeting of especially in the immigration area, or a vote. Legislation to extend the conferees, the final meeting, which had these provisions are not as generous as Campbell-Leahy program to help pro- been promised so that we could finalize I and many other members of this con- vide bulletproof vests for local law en- our action, never occurred. Side deals ference would prefer. This bill will also insist that infor- forcement officers was the victim of a were struck and broken and revised mation about severe forms of traf- secret hold in the Republican Senate and implemented without resuming the ficking in persons be provided in the cloakroom. Important intellectual conference. Legislating around here annual State Department Country Re- property legislation is stalled without has come to resemble the television port for each foreign country, an im- explanation by a similar anonymous program ‘‘Survivor’’ more than the portant step forward in our attempts to hold on the other side of the aisle. And process intended by the Constitution or raise consciousness about this issue. It hate crime legislation, the Local Law our Senate rules. We have all become also provides for the establishment of Enforcement Enhancement Act of 2000, increasingly accustomed to shortcuts an Inter-Agency Task Force to monitor has been dropped in conference in spite in the legislative process, but we are and combat trafficking, with annual of the votes in both the Senate and now getting to the point that once suf- and interim reports on countries whose House approving it. ficient numbers of signatures are ob- governments do not comply with the I am pleased that we will finally be tained on a conference report, once an minimum standards. The bill calls able to reestablish the Violence alliance has formed, conferees from the upon the President to establish initia- Against Women Act, a law that makes minority may not even be accorded an tives to enhance economic opportunity such a profound difference in the lives opportunity to view the final package for potential trafficking victims, such of women and families who fall victim let alone asked for their views. In this as microcredit lending programs, train- to domestic violence. I would not nor- matter, after I had worked to ensure ing, and education. mally support efforts to add extraneous that VAWA was included in the con- As someone who has been a strong items in a conference report. In this ference report, I was treated like a supporter of human rights, both in the case, in light of the unwillingness of member of the ill-fated Pagong tribe. United States and abroad, I am pleased the Senate Republican leadership to Had I been consulted we might have to be associated with this attempt to allow the Senate to act on the Violence avoided the extended debate and point reduce trafficking and protect its vic- Against Women Act of 2000 and the of order that Senator THOMPSON is tims. I hope that the Senate can also lapse of its authorization, I joined with bringing today. I was able to intervene turn its attention to human rights Senator BIDEN and Senator HATCH to just before the filing of the conference issues that affect immigrants who ar- add it to the sex trafficking conference report when I obtained a draft that rive in the United States willingly. In report we now consider. showed the elimination of the small particular, I request that the Senate I agreed with Senator BIDEN’s assess- state minimum funding level in certain consider S. 1940, the Refugee Protec- ment that in light of its importance grant programs. These eliminations tion Act, a bill I have introduced with and the resistance we have seen from would have been such a disaster for Senator BROWNBACK that would re- the Senate Republican leadership to Vermont, New Hampshire, Delaware, strict the use of expedited removal to proceed to the VAWA bill for a straight Utah, Alaska and so many small and times of immigration emergencies. up or down vote, this was the only way rural states that I had raise a strong Under expedited removal, those who we would ever be able to get it consid- objection and the small state minimum flee persecution in their home coun- ered by the Senate this year. I com- of $600,000 for shelters was restored by tries face automatic removal from our mend Senator BIDEN for making clear a last-minute handwritten change to country if they are traveling without at the second and last meeting of the the final conference report. documents, or even with documents conferees on September 28th that he in- Unfortunately, while this conference that are facially valid but that an INS tended to insist on the conference reau- report contains provisions that enjoy officer suspects are invalid. The lim- thorizing the Violence Against Women broad bipartisan support and will make ited protections that were built into Act. Indeed, I had raised it at our ini- a positive contribution to the well- this process when it was adopted in 1996 tial meeting of conferees as the one being of many people, the Republican have proven insufficient, and we are re- thing we should consider adding to this majority could not resist loading this ceiving continuing reports of people in bill, if anything extraneous was to be conference report with other legisla- real danger being forced to leave the considered. tive proposals that are so problematic United States without even a hearing. Unfortunately, when we voted on they could not have passed as stand- This is simply inappropriate, and does adding VAWA to the conference report, alone measures in this or any other an injustice to our nation’s reputation only three Senate conferees voted to Congress. as a haven for the oppressed. support it—Senators BIDEN, HATCH and Let me begin by reviewing the posi- As I already noted, reauthorization me—and the other four Senate con- tive parts of this conference report. of the Violence Against Women Act, or

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22062 CONGRESSIONAL RECORD—SENATE October 11, 2000 VAWA II, was also added to this report which encourage a multi-disciplinary VAWA II also reauthorizes the Na- with strong bipartisan support. This is approach to improving the criminal tional Stalker and Domestic Violence a particularly appropriate bill to add justice system’s response to violence Reduction Grant. This important grant to this conference report. As the con- against women. With support from program assists in the improvement of ference report states, ‘‘[t]raffickers pri- STOP grants, law enforcement, pros- local, state and national crime data- marily target women and girls, who are ecutors, courts, victim advocates and bases for tracking stalking and domes- disproportionately affected by poverty, service providers work together to en- tic violence. As we work to prevent vi- the lack of access to education, chronic sure victim safety and offender ac- olence against women, we must not unemployment, discrimination, and countability. forget those who have already fallen the lack of economic opportunity in The benefits of STOP grants are evi- victim to it. VAWA II recognizes that countries of origin.’’ VAWA II contains dent throughout Vermont. With STOP combating violence against women ex- a number of important programs to grants the Windham County Domestic tends beyond providing assistance to protect women and children in this Violence Unit, the Rutland County victims, it includes preventing women country, and would complement the Women’s Network and Shelter and oth- from becoming victims at all. goals of this legislation. ers like them have enhanced victim ad- The National Domestic Violence Hot- I witnessed the devastating effects of vocacy services, improved safety for line, which has assisted over 180,000 domestic violence early in my career women and children, and ensured that callers, will continue its crucial oper- as the Vermont State’s Attorney for perpetrators are held accountable. The ation through the reauthorization of Chittenden County. In those days, long Northwest Unit for Special Investiga- VAWA. Much like the state hotline before the passage of the VAWA, tions in St. Albans, Vermont, estab- that the Vermont Network Against Do- Vermont lacked the support programs lished a multi-disciplinary approach to mestic Violence and Sexual Assault the investigation of adult sexual as- and services to assist victims of domes- helped establish in Vermont, the Na- sault and domestic violence cases with tic violence. Today, because of the ef- tional Hotline reaches victims who the help of STOP funds. By linking vic- fort and dedication of people in may feel they have nowhere to turn. tims with advocacy programs at the Vermont and across the country who I am especially pleased to see that time of the initial report, the Unit work on these problems every day, an VAWA II will authorize a new grant finds that more victims get needed increasing number of women and chil- program for civil legal assistance. In services and support and thus find it the past, funding for legal services for dren are receiving help through domes- easier to participate in the investiga- victims of domestic violence was de- tic violence programs and shelters tion and subsequent prosecution. The pendent on a set-aside in the STOP around the nation. State’s Attorney’s Office, which has Six years ago, VAWA passed Con- grant appropriation. This separate designated a prosecutor to participate gress as part of the Violent Crime Con- grant authorization will allow victims in the Unit, has implemented a new trol and Law Enforcement Act. That of violence, stalking and sexual as- protocol for the prosecution of domes- Act combined tough law enforcement sault, who would otherwise be unable tic violence cases. The protocol and strategies with safeguards and services multi-disciplinary approach are cred- to afford professional legal representa- for victims of domestic violence and ited with an 80 percent conviction rate tion, to obtain access to trained attor- sexual assault. I am proud to say that in domestic violence and sexual assault neys and advocacy services. In my Vermont was the first State in the cases. State, Vermont Legal Aid, the country to apply for and receive fund- Passing VAWA II will continue Vermont Network to End Domestic Vi- ing under VAWA. Since VAWA was en- grants that strengthen pro-arrest poli- olence and the South Royalton Legal acted, Vermont has received almost $14 cies and enforcement of protection or- Clinic of Vermont Law School are cur- million in VAWA funds. Since the pas- ders. In a rural state like Vermont, law rently involved in a collaborative sage of VAWA in 1994, I have been priv- enforcement agencies greatly benefit project to expand civil legal assistance ileged to work with groups such as the from cooperative, inter-agency efforts services to domestic violence victims Vermont Network Against Domestic to combat and solve significant prob- across the state. These three organiza- Violence and Sexual Assault and the lems. Last year, approximately $850,000 tions are partnering to create Intensive Vermont Center for Crime Victim of this funding supported Vermont ef- Service Teams that will provide coordi- Services and countless advocates who forts to encourage arrest policies. nated civil legal assistance and victim work to stop to violence against Vermont will also benefit from the advocacy in Rutland County and the women and who provide assistance to extension of Rural Domestic Violence Northeast Kingdom. Grants such as victims. and Child Victimization Enforcement this one that support training, tech- This funding has enabled Vermont to Grants under VAWA II. These grants nical assistance and support for cooper- develop specialized prosecution units are designed to make victim services ative efforts between victim advocacy and child advocacy centers throughout more accessible to women and children groups and legal assistance providers the state. Lori Hayes, Executive Direc- living in rural areas. I worked hard to will continue to prosper under VAWA tor of the Vermont Center for Crime see these provisions included in the II. Victim Services and Marty Levin of original VAWA in 1994, and I am proud I remain concerned, however, over a the Vermont Network Against Domes- that its success has merited an in- highly objectionable provision that tic Violence and Sexual Abuse have creased authorization for funding in prohibits any expenditure of the civil been especially instrumental in coordi- VAWA II. Rural Domestic Violence and legal assistant grant funds to support nating VAWA grants in Vermont. Their Child Victimization Enforcement litigation with respect to abortion. hard work has brought grant funding Grants have been utilized by the Currently, the Legal Services Corpora- to Vermont for encouraging the devel- Vermont Network Against Domestic tion (LSC) operates under two abor- opment and establishment of arrest Violence and Sexual Assault, the tion-related restriction provisions: The policies for combating rural domestic Vermont Attorney General’s Office, 1974 LSC statute bans the use of feder- violence and child abuse. These grants and the Vermont Department of Social ally appropriated Corporation funds for have made a real difference in the lives and Rehabilitation Services to increase legal assistance for any abortion-re- of those who suffer from violence and community awareness, develop cooper- lated proceeding or litigation. Addi- abuse. Reauthorization of these vital ative relationships between state child tionally, an appropriations rider to the programs in VAWA II will continue to protection agencies and domestic vio- Commerce-Justice-State appropria- build on these successes. lence programs, expand existing multi tions bill restricts LSC funds from use VAWA II continues to move us to- disciplinary task forces to include al- by any person or entity that partici- ward reducing violence against women lied professional groups, and create pates in abortion-related litigation. by strengthening law enforcement local multi-use supervised visitation The language in VAWA II bill reaches through the extension of STOP grants, centers. further, in the sense that it would ban

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22063 more organizations than just LSC from duced to one year without my consent. families have female relatives killed spending funds on abortion-related liti- Those involved in the discussions at- for ‘‘dishonoring’’ them—have lost asy- gation. Under the Senate language, tribute the change to ‘‘jurisdictional lum claims. The Attorney General is grants can be made to private, non- concerns’’ of the Health, Labor and currently reviewing the Board of Immi- profit entities, Indian tribal govern- Pensions Committee. I look forward to gration Appeals decision Matter of R- ments, and publicly funded organiza- working with Senators JEFFORDS, A-, which is the precedent on which tions such as law schools. These grant- GREGG and KENNEDY next year during these later decisions have been based. I ees are certainly worthy and appro- reauthorization of the Child Abuse Pre- have written, along with Senator priate to provide these services gen- vention and Treatment Act to extend LANDRIEU and many other of my col- erally; the objection is solely that they the authorization of this important leagues, urging the Attorney General should not be gagged from providing program. We should all be concerned to reverse this decision and protect abortion related legal assistance. I am with providing victims of domestic vio- women who face persecution. I renew concerned about the precedent this lence with a safe place to recover from that request today, and hope that the provision would set in expanding the their traumatic experiences. In addi- passage of this legislation will prompt restriction on abortion-related litiga- tion, I would like to see more support action on this issue as well. tion to other programs and organiza- for groups that address the need for The conference report includes a pro- tions. I think this kind of language funding for under-served populations. vision that would require dissemina- should give us pause as we consider the There are positive things to come out tion of sex registry information to col- effect it would have on victims who, in of the revised version of VAWA II. I am leges and universities. Currently, the the face of domestic violence, sexual pleased that we were able to cover Family Educational Rights and Pri- assault in family relationships, incest ‘‘dating violence’’ in most of the provi- vacy Act (FERPA) applies strict re- or rape, must run a gauntlet of con- sions and grant programs. The Bureau strictions on the dissemination of in- gressionally imposed barriers in order of Justice Statistics report indicates formation in ‘‘education records,’’ but simply to obtain full and complete in- that more than four in every 10 inci- these restrictions are specifically de- formation about their comprehensive dents of domestic violence involves fined to exclude ‘‘records maintained health-care options. non-married persons, and further, that by a law enforcement unit’’ of the The original VAWA authorized fund- the highest rate of domestic violence school and were created for a law en- ing for programs that provide shelter occurs among young people aged 16–24. forcement purpose. Thus, to the extent to battered women and children. I am It is crucial that we authorize prosecu- that campus police get information pleased to see that VAWA II expands tion of their offenders. We cannot ig- about registered sex offenders under this funding so that facilities such as nore this increasingly at risk segment State law, they are able to use it as they wish. Apparently not satisfied to the Women Helping Battered Women of the population. The House-passed leave this issue to the States, the con- Shelter in Burlington, Vermont, and version of VAWA II had contained such ference report would mandate that the Rutland County Women’s Shelter provisions and I support them as they States provide sex registry information in Rutland, Vermont will continue to have been incorporated into the con- concerning students to colleges and serve victims in their most vulnerable ference report. time of need. As I have noted, at one In 1994, we designed VAWA to prevent universities where the students are registered. point I obtained a draft conference re- abusive husbands from using control I see no need to impose a federal dis- port that had dropped the $600,000 small over their wives’ immigration status to closure requirement when the States control them. Over the ensuing six state minimum funding these grants. I are now free to regulate as they see fit years we have discovered additional am relieved that my objection was the dissemination of sex registry infor- heard and the minimum restored. areas that need to be addressed to pro- mation to schools and campus police, As glad as I am that we are finally tect immigrant women from abuse, and who may use it to protect the safety of reauthorizing VAWA, this is not the have attempted to do so in this legisla- those on campus. No one is opposed to version of VAWA that I cosponsored tion. VAWA II will ensure that the im- taking adequate safety measures re- and supported in the Judiciary Com- migration status of battered women garding sex offenders on campus. My mittee and urged the Senate to enact. will not be affected by changes in the concern has to do with unnecessary In fact, this is not the VAWA II bill status of their abusers. It will also federal mandates when the States are that was negotiated among staff at a make it easier for abused women and perfectly capable of addressing the bipartisan, bicameral meeting earlier their children to become lawful perma- issue. in this process. The version of VAWA II nent residents and obtain cancellation VAWA II includes a provision to en- in this conference report was nego- of removal. With this legislation, bat- hance protections for older women tiated behind closed doors in the last tered immigrant women should not from domestic violence and sexual as- minutes before the conference report have to choose to stay with their abus- sault. Last year I introduced the Sen- was filed. Unfortunately, this approach ers in order to stay in the United iors Safety Act, S. 751, which would en- saw additional provisions added and States. hance penalties for crimes against sen- struck that have diminished the final I am pleased that we have taken iors. This provision in VAWA II is an product. One provision of particular these additional steps to protect immi- important complement to that legisla- concern to me is that on transitional grant women facing domestic abuse in tion and I am pleased this provision housing. the United States. I would also like to has been able to generate wide support. The previous Senate version of the point out the difficult situation of im- VAWA II would also help young vic- Violence Against Women Act of 2000, S. migrant women who face domestic vio- tims of crime through funding for the 2787, had over 70 co-sponsors. I am one lence if they are returned to their establishment of safe and supervised of them. That version included better home country. visitation centers for children in order provisions on transitional housing as- Numerous cases have arisen recently to reduce the opportunity for domestic sistance. It would have been a signifi- in which women who fear being killed violence. Grants will also be extended cant improvement over the original by abusive spouses in their native to continue funding agencies serving VAWA. This new grant program for lands were denied claims for asylum, homeless youth who have been or who short-term housing assistance and sup- despite the fact that the police in those are at risk of abuse and to continue port services for homeless families who countries do not enforce what limited funding for victims of child abuse, in- have fled from domestic violence envi- laws apply to domestic violence. There cluding money for advocates, training ronments was a priority for me and are additional cases in which women for judicial personnel and televised tes- Vermont, where availability of afford- who fear for their lives due to in- timony. able housing is at an all-time low. Un- grained social practices—such as Many of the most successful services fortunately, this authorization was re- ‘‘honor killings’’ in Jordan, in which for victims start at the local level,

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22064 CONGRESSIONAL RECORD—SENATE October 11, 2000 such as Vermont’s model hotline on do- that have been awarded as sanctions by I am pleased that we could work to- mestic violence and sexual assault. judicial order. gether on some practical, pragmatic VAWA II recognizes these local suc- I am also pleased that this measure improvements to our federal crime vic- cesses and continues grant funding of also includes a Leahy-Feinstein tims’ laws. We would have liked to do community demonstration projects for amendment dealing with support for more. In particular, we would have the intervention and prevention of do- victims of international terrorism. liked to allow OVC to deliver timely mestic violence. This amendment will enable the Office and critically needed emergency assist- The original VAWA was an impor- for Victims of Crime to provide more ance to all victims of terrorism and tant and comprehensive Federal effort immediate and effective assistance to mass violence occurring outside the to combat violence against women and Americans who are victims of ter- United States and targeted at the to assist the victims of such violence. rorism abroad—Americans like those United States or United States nation- Passage of VAWA II gives us the oppor- killed or injured in the embassy bomb- als. tunity to continue funding these suc- ings in Kenya and Tanzania, and in the Unfortunately, to achieve bipartisan cessful programs, to improve victim Pan Am 103 bombing over Lockerbie, consensus on this provision, we were services, and to strengthen these laws Scotland. These victims deserve help, compelled to restrict OVC’s authority, so that violence against women is but according to OVC, existing pro- so that it may provide emergency as- eliminated. I am pleased that we were grams are failing to meet their needs. sistance only to United States nation- able to find a way to get this consid- Working with OVC, we have crafted als and employees. It seems more than ered and passed. I deeply regret that we legislation to correct this problem. a little bizarre to me that the richest have not been able to do so in stand- The Leahy-Feinstein part of this country in the world would reserve alone legislation or before VAWA ex- measure will permit the Office for Vic- emergency aid for victims of terrorism pired last month. tims of Crime to serve these victims who can produce a passport or W–2. I The conference report also includes better by expanding the types of assist- will continue to work with OVC and the Justice for Victims of Terrorism ance for which the VOCA emergency victims’ organization to remedy this Act. I commend Senators LAUTENBERG reserve fund may be used, and the anomaly. and MACK for working with the Admin- range of organizations to which assist- I regret that we have not done more istration on this consensus legislation ance may be provided. These changes for victims this year, or during the last which addresses serious policy con- will not require new or appropriated few years. I have on several occasions cerns raised by prior versions of the funds: They simply allow OVC greater noted my concern that we not dissipate bill. This measure has been cleared for flexibility in using existing reserve the progress we could be making by fo- action and passage by unanimous con- funds to assist victims of terrorism cusing exclusively on efforts to amend sent for some time by all Democratic abroad, including the victims of the the Constitution. Regretfully, I must Senators. In my view, it should have Lockerbie and embassy bombings. note that the pace of victims legisla- been passed in its own right a long This provision will also authorize tion has slowed noticeably and many time ago. OVC to raise the cap on the VOCA opportunities for progress have been The Justice for Victims of Terrorism emergency reserve fund from $50 mil- squandered. I look forward to con- Act addresses an issue that should lion to $100 million, so that the fund is tinuing to work with the Administra- deeply concern all of us: the enforce- large enough to cover the extraor- tion, victims groups, prosecutors, ment of court-ordered judgments that dinary costs that would be incurred if a judges and other interested parties on compensate the victims of state-spon- terrorist act caused massive casualties, how we can most effectively assist vic- sored terrorism. This legislation has and to replenish the reserve fund with tims and provide them the greater the strong support of American fami- unobligated funds from its other grant voice and rights that they deserve. lies who have lost loved ones due to the programs. This is the third good part of the callous indifference to life of inter- At the same time, the provision will package that comes before the Senate national terrorist organizations and simplify the presently-authorized sys- today. The sex trafficking bill, VAWA their client states, and it deserves our tem of using VOCA funds to provide II and the Justice for Victims of Ter- support as well. victim compensation to American vic- rorism legislation could each have One such family is the family of tims of terrorism abroad, by permit- passed in its own right. The are being Alisa Flatow, an American student ting OVC to establish and operate an bundled together because the Repub- killed in Gaza in a 1995 bus bombing. international crime victim compensa- lican leadership refused to proceed to The Flatow family obtained a $247 mil- tion program. This program will, in ad- consideration of VAWA II or the vic- lion judgment in Federal court against dition, cover foreign nationals who are tims legislation and this session is the Iranian-sponsored Islamic Jihad, employees of any American govern- drawing to a close. We are already which proudly claimed responsibility ment institution targeted for terrorist passed the sine die adjournment date for the bombing that took her life. But attack. The source of funding is the that had been set by the Majority the family has been unable to enforce VOCA emergency reserve fund, which Leader. We are already into the second this judgment because Iranian assets in we authorized in an amendment I of- or third or fourth continuing resolu- the United States remain frozen. fered to the 1996 Antiterrorism and Ef- tion needed to keep the government op- The conference report that the Sen- fective Death Penalty Act. erating while Congress completes ap- ate passes today will provide an avenue Finally, the provision clarifies that propriations bills that should have for the Flatow family and others in deposits into the Crime Victims Fund been enacted in July and September. their position to recover some of the remain available for intended uses While the conference report contains damages due them under American under VOCA when not expended imme- many provisions which I support, it law. It will permit these plaintiffs to diately. This should quell concerns also has been used as a vehicle for some attach certain foreign assets to satisfy raised regarding the effect of spending pet Republican legislative projects the compensatory damages portion of caps included in appropriations bills that I do not endorse. I refer specifi- their judgments against foreign states last year and this. I understand the ap- cally to ‘‘Aimee’s law’’ and the ‘‘Twen- for personal injury or death caused by propriations’ actions to have deferred ty-First Amendment Enforcement an act of torture, extrajudicial killing, spending but not to have removed de- Act.’’ aircraft sabotage, hostage taking, or posits from the Fund. This provision The conference report contains a leg- the provision of material support or re- makes that explicit. islative proposal called ‘‘Aimee’s law,’’ sources for such an act. It will also per- I want to thank Senator FEINSTEIN which, though well intended, will not mit these plaintiffs to recover post- for her support and assistance on this serve this country well. We all shudder judgment interest and, in the case of initiative. Senator FEINSTEIN cares when a violent offender is incarcerated claims against Cuba, certain amounts deeply about the rights of victims, and for an insufficient length of time only

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22065 to be released and claim another vic- quired under Aimee’s law. Indeed, de- sequently, States may simply agree tim. Let us be clear: everyone agrees fendants who escape from jail without among themselves not to file the appli- that serious violent offenders should serving their full term and commit cations with the Attorney General re- serve appropriate and sufficient incar- subsequent crimes could subject the quired to obtain reimbursement. In- ceration. Yet, Aimee’s law is not the state in which they committed their deed, such an application might trigger way to pursue this goal. Neither initial crimes to decreased federal a retaliatory review of the applicant’s Aimee’s law or Congress can accurately funds otherwise used to help law en- own record of released defendants and assess with one hundred percent accu- forcement. result in reduction of important federal racy which offender will be a recidivist Second, Aimee’s law requires the an- funds. As a consequence, states may and which offender will not. This pro- nual collection, maintenance and re- view invocation of Aimee’s law reim- posal has myriad practical implemen- porting of criminal history for violent bursement provisions as a risky propo- tation problems that will make this offenders and covers not just those of- sition. law a headache to administer for the fenders currently in the system but In short, Aimee’s law is an empty States and the Department of Justice, any such offender no matter how long promise that may make good fodder for without living up to its promise of ago that offender was convicted, served 60-second campaign spots but will do stopping future tragedies. time and was released. This provision nothing to continue the progress we Ironically, Aimee’s law will ad- alone demands an enormous invest- have made over the last eight years to versely affect the States’ ability to ment of time and money, neither of reduce the violent crime rate or to fight crime. By taking law enforce- which the legislation provides, to build truly help crime victims. ment funds away from the states, the the criminal history database nec- Senator HATCH has insisted that the legislation will in effect reduce the essary to implement the new law. As ‘‘Twenty-First Amendment Enforce- states’ capacity to fight crime. The the Department of Justice has pointed ment Act’’ be included in the con- Pennsylvania Secretary of Corrections out, ‘‘[s]ince no time limit is imposed ference report, despite the fact that the has advised that ‘‘Pennsylvania, along between the prior and subsequent con- conference met September 28th, and with many other states, plans for the victions, the system would require expressly rejected inclusion of this pro- use of federal law enforcement money electronic criminal records that do not posal in the conference report. It was years in advance. Excessive penalties now exist and would be very expensive rejected by the Senate conferees and have a high potential to interfere with to accumulate.’’ This ‘‘would require the House conferees went so far as to states’ abilities to keep violent offend- the establishment of a major national adopt the position that no extraneous legislation would be added to the sex ers—including those who have com- data center to collect and match state trafficking provisions. Nevertheless, mitted Aimee’s law crimes—incarcer- records’’ and constitutes an ‘‘unfunded the conference report contains Senator ated for longer periods of time.’’ mandate.’’ Specifically, this proposal would During a colloquy in the House on HATCH’s bill, which amounts to a dou- ble whammy—it is unnecessary and allow a state to apply to the Attorney October 6th, Congressman CONYERS General for reimbursement of the costs asked a House sponsor of Aimee’s law dangerous to e-commerce. The pur- ported goal of this legislation is to en- for investigation, prosecution and in- whether it was the drafters’ intent that force state liquor laws. The approach of carceration of prisoners who were pre- Aimee’s law shall apply prospectively, this legislation sets a dangerous prece- viously convicted in another state for that is only to offenders whose first dent by erecting barriers to interstate murder, rape or a dangerous sexual of- sentence for a covered offense occurs and electronic commerce. fense. The source of the reimbursement on or after the effective date of this Specifically, the bill would permit funds will be from Federal law enforce- law, January 1, 2002, and the sponsor the enforcement of state liquor laws in ment assistance funds that would oth- responded affirmatively. Yet, the law Federal court. This expansion of the ju- erwise be paid out to the state that remains murky on this point since the risdiction of the Federal courts is not convicted the individual of the prior of- effective date may be construed to warranted. State attorneys general are fense and released that offender. apply only to the time when states already enforcing their state liquor Last year, this proposal was adopted may make applications for reimburse- laws in state courts—whether the alco- as an amendment to S. 254, the Juve- ment, not to when the offenses oc- hol was brought over the Internet or nile Justice bill. Even then I expressed curred. We have two years before the over the counter at the corner store. grave reservations with the language effective date to clarify this point, and The Internet has not changed the en- and complications contained in the leg- others, in this problematic law. forcement of state liquor laws. islation. Specifically, I noted that the Third, while Aimee’s law would ex- This year, for instance, the Utah At- proposal was ‘‘extremely complicated empt certain States from application torney General successfully enforced and can create a great deal of problems of the law, those exemptions are predi- that state’s liquor laws against an out- with some States’’ and offered ‘‘to cated, in part, upon ‘‘the average term of-state direct sales shipper of alco- work more on the language to see if of imprisonment imposed for that of- holic beverages. That case resulted in there are areas of unnecessary com- fense in all States.’’ The Pennsylvania fines of more than $25,000 and guilty plication that could be removed.’’ Director of Corrections has pointed out pleads by an out-of-state direct shipper (RECORD, May 19, 2000, p. S5526). Unfor- that ‘‘[t]here is no record of what the to state law counts of unlawfully im- tunately, the juvenile justice con- national ‘average. . .’ is for crimes cov- porting alcohol and selling it to a ference, in which the language of this ered in this language. Further, if such minor. proposal could have been refined, has an average existed, it would contin- Indeed, the Utah Attorney General, failed to meet for over a year. Appar- ually fluctuate, guaranteeing that Jan Graham, declared: ‘‘This case rep- ently, the Republican leadership in- there would always be some states out resents a significant win for Utah. No tends to end the Congress without ever of compliance.’’ longer can retailers claim that we have completing work on the juvenile crime Fourth, Aimee’s law adopts offense no authority over illegal transactions bill. definitions that are unclear and fail to that occur outside of the state. If By any stretch of the imagination, conform to the offense definitions you’re shipping to a Utah resident, we the costs of Aimee’s law outweigh its found in the federal criminal code or to can and will prosecute you.’’ promised benefits: the standard legal terms used in state This legislation is using the Internet First, Aimee’s law penalizes states’ codes making it difficult to enforce as an excuse to impose a Federal fix for law enforcement not for their own ac- Aimee’s law across state lines. a problem that is already being solved tions, but for the actions taken by ju- The National Governors’ Association at the state level. Whatever happened dicial and corrections officers resulting has repeatedly registered its dis- to Federalism? In fact, the National in the release of a defendant who has approval of Aimee’s law as ‘‘onerous, Conference of State Legislatures op- not served the incarceration period re- impractical and unworkable.’’ Con- poses this legislation, calling the bill

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22066 CONGRESSIONAL RECORD—SENATE October 11, 2000 ‘‘an overreaction to a situation which Relations Committee. I thank Nancy The Senator from Vermont is recog- can be reconciled among the states and Zirkin of the American Association of nized. not in a federal court.’’ University Women and Pat Reuss of (The remarks of Mr. JEFFORDS are lo- Skeptics rightly are concerned that the NOW Legal Defense and Education cated in today’s RECORD under ‘‘Morn- some may be using the Internet as an Fund for their efforts on behalf of ing Business.’’) excuse to protect the decades-old dis- VAWA II. This has been a difficult The PRESIDING OFFICER. Under tribution system for wine and other al- matter at a difficult time that is being the previous order, the Senator from coholic beverages. Although the Inter- concluded as best we can under these New York is now recognized. net has not changed state liquor law circumstances in order to enact the sex enforcement, it has opened up the wine trafficking legislation, VAWA II and f and beer market to new consumer the victims bill for all the good they TRAFFICKING VICTIMS PROTEC- choices and competition. can mean. TION ACT OF 2000—CONFERENCE With the power of electronic com- Mr. President, I suggest the absence REPORT—Continued merce, adult consumers now have the of a quorum. freedom to choose from a rich assort- The PRESIDING OFFICER. The Mr. SCHUMER. Madam President, I ment of different wine and beer prod- clerk will call the roll. thank you as well as the chairman of ucts—from small wineries to nation- The assistant legislative clerk pro- our committee, Mr. HATCH, and the wide brewers in America or any other ceeded to call the roll. ranking member, Mr. LEAHY, for yield- country in the world. Mr. LEAHY. Mr. President, I ask ing me a brief amount of time to talk We should be embracing this free unanimous consent that the order for on the Violence Against Women Act. market and open competition. Com- the quorum call be rescinded. I commend our leader on Judiciary, petition in the free market is the The PRESIDING OFFICER. Without Senator LEAHY, for his diligent work American way. But instead some wine objection, it is so ordered. on so many of the issues contained and beer wholesalers want to use this Mr. LEAHY. Mr. President, I ask here. I know there are some differences legislation as a protectionist ploy to unanimous consent that the distin- on a few. I commend Senator BIDEN, keep their present distribution system, guished Senator from Kansas be recog- who has worked long and hard on this which effectively locks out small nized to make a unanimous consent re- issue for many years. We all owe him a wineries and micro-breweries from ever quest. debt of gratitude for his strenuous ef- getting their products on a store shelf. The PRESIDING OFFICER. Without forts. I also thank the Senator from Mothers Against Drunk Driving and objection, it is so ordered. California, Mrs. BOXER. When Senator the National Conference of State Leg- Mr. BROWNBACK. Mr. President, I BIDEN first introduced the bill in the islatures have noted that this Federal ask unanimous consent that the votes Senate, Senator BOXER, then Congress legislation is nothing more than an at- occurring relative to the Thompson ap- Member BOXER, was the House sponsor; tempt to use the Federal courts in a peal as provided in the consent agree- I was the cosponsor. When she moved disagreement between wholesalers and ment this body agreed to on October 6, on to the Senate, I became the lead small independent wineries and brew- 2000, occur at 4:30 p.m. today, with House sponsor and managed the bill as eries. adoption of the conference report to it was signed into law. On August 12, 1999, The Wall Street occur immediately following that vote When it was first enacted in 1994, the Journal wrote about this legislation: as provided in the consent agreement. Violence Against Women Act signaled ‘‘This is a bad bill, with dangerous con- The PRESIDING OFFICER. Is there a sea change in our approach to the sequences not only for alcohol but for objection? epidemic of violence directed at the future of e-commerce and other Without objection, it is so ordered. women. Until the law, by and large it cross-state transactions.’’ I whole- Mr. BROWNBACK. Mr. President, for had been a dirty little secret that heartedly agree. the information of Members, in light of every night hundreds of women showed The Department of Justice has this agreement, the next two votes will up at police precincts, battered and warned Congress in relation to legisla- occur at approximately 4:30 p.m. with bruised, because they were beaten by tion affecting the Internet that: ‘‘[A]ny the Thompson appeal vote occurring at their spouse or their boyfriend or what- prohibitions that are designed to pro- 4:30 and the conference report vote oc- ever. All too often they were told by hibit criminal activity on the Internet curring immediately thereafter. that law enforcement officer, who real- ly had no education, no training, or no must be carefully drafted to accom- f plish the legislation’s objectives with- place to send the battered woman: out stifling the growth of the Internet RECESS Well, this is a domestic matter. Go or chilling its use.’’ This bill fails that The PRESIDING OFFICER. The Sen- home and straighten it out with your test. It is not carefully crafted. In fact, ate stands in recess until 2:15 p.m. husband. it is not even needed. It also could chill Thereupon, the Senate, at 12:49 p.m., So deep were the traditions ingrained the use of the Internet as a means of recessed until 2:16 p.m.; whereupon, the that it was very hard to remove them. promoting interstate commerce. Senate reassembled when called to In fact, the expression ‘‘rule of thumb’’ I will vote in support of this con- order by the Presiding Officer (Ms. comes from the medieval law that said ference report because the provisions COLLINS). a husband could beat his wife with a on sex trafficking, VAWA and justice The PRESIDING OFFICER. The Sen- stick provided that stick was no wider for victims are proposals I endorse. I do ator from Utah is recognized. than his thumb. so with profound regret with the proc- f The Violence Against Women Act ess and that the majority insisted on took giant strides to take this terrible, including Aimee’s law and the internet ORDER OF PROCEDURE dirty secret, bring it above ground, and alcohol bill that are not well consid- Mr. HATCH. Without losing my own begin really to cleanse it. The new law ered. They are the price that we pay time, I yield 5 minutes to the distin- acknowledged that the ancient bias for making progress here today. I will guished Senator from Vermont off the showed itself not just in the virulence work to see if we can limit their dam- leader’s time, 2 minutes from the dis- of the perpetrators of violence but in age. tinguished Senator from Minnesota off the failure of the system and the com- In closing, I wish to thank the con- the leader’s time, and I understand the munity to respond with sufficient care ferees and their staffs who showed distinguished Senator from New York and understanding. Shelters grew, po- courtesy to me and mine. In particular, desires 5 minutes off the minority lead- lice departments were educated, the I thank Karen Knutsen of Senator er’s time. VAWA hotline—which we added to the BROWNBACK’s staff and Mark Lagon and The PRESIDING OFFICER. Without law as an afterthought, I remember, in Brian McKee of the staff of the Foreign objection, it is so ordered. the conference—got huge numbers of

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22067 calls every week, far more than any- The numbers show that VAWA is Randall Rader—my friend from Utah body ever expected. The increased pen- working. A recent Justice report found might recognize that name—was ap- alties for repeat sex offenders did a that intimate partner violence against pointed to the U.S. Claims Court in great deal of good. women decreased by 21 percent from 1988 and then to the Federal circuit in In my State alone, for instance, the 1993 to 1998. This is strong evidence 1990. Before 1988, Mr. Rader had never act provided $92 million for purposes that State and community efforts are practiced law, had only been out of law such as shelter, such as education, such indeed working. But this fight is far school for 11 years, and his only post- as rape crisis centers, and such as pre- from over. The reauthorization of this law-school employment had been with vention education for high school and important legislation will allow these Congress as counsel to Senator HATCH college students, and victims’ services. efforts to continue without having to from Utah. Yet today, he sits on a Fed- But, as impressive as the advances worry that this funding will be lost eral bench. But Senator SESSIONS from were under the original VAWA, we still from year to year. I commend the Alabama says Bonnie Campbell has no have a long way to go; this horrible ac- Democratic and Republican leadership courtroom experience; that is why she tivity is ingrained deeply in our soci- for working to get this bill done before does not deserve to be on the Federal ety. Building on the success of VAWA we adjourn. court. I, VAWA II—the Violence Against I believe my friends on the Repub- Pasco Bowman serves on the Eighth Women Act II—is now before us. It is lican side of the aisle are suffering Circuit. He was confirmed in 1983. Be- still the case that a third of all mur- from a split personality. They are will- fore his nomination—— dered women die at the hands of ing to reauthorize the Violence Against Mr. HATCH. Will the Senator yield? spouses and partners and a quarter of Women Act, but they are not willing to Mr. HARKIN. He was criticized for all violent crimes against women are put a judge on the Federal bench who his lack of experience because he had committed by spouses and partners. In- knows more about this law, has done been in private practice for 5 years out deed, the latest figures from the Bu- more to implement this law than any of law school, and the rest of that time reau of Justice Statistics actually other person in this country, and that he was a law professor. Now he is on show an increase of 13 percent in rape is Bonnie J. Campbell, who right now the Eighth Circuit. and sexual assault. heads the Office of Violence Against Mr. HATCH. Will the Senator yield? I So we have a long way to go. The Women that was set up by this law in want to agree with that. battle continues. It is why the Violence 1994. In fact, Bonnie Campbell has been Mr. HARKIN. Yes. Against Women Act is so important the head of this office since its incep- Mr. HATCH. I agree with the Sen- and will make such a difference in the tion, and the figures bear out the fact ator. I do not think it is critical that a lives of women across America. I will that this office is working, and it is person have prior trial experience to be not catalog its provisions. That has working well. nominated to the Federal bench. been done by my colleagues before me. Bonnie Campbell’s name was sub- Mr. HARKIN. I appreciate that. I urge my colleagues to vote for this mitted to the Senate in March. She had Mr. HATCH. There are many aca- legislation. her hearing in May. All the paperwork demics who have not had 1 day of trial In conclusion, let us hope this law is done. Yet she is bottled up in the experience. There have been a number will hasten the time when violence Senate Judiciary Committee. of Supreme Court Justices who have against women is not a unique and Yesterday, the Senator from Ala- not had 1 day of trial experience. I do rampant problem requiring the atten- bama appeared on the CNN news show criticize the Senator in one regard, and tion of this body. Let us pray for the ‘‘Burden of Proof’’ to discuss the status that is for bringing up the name of time when women no longer need to of judicial nominations. I want to ad- Randall Rader because Randy happened live in fear of being beaten. dress some of the statements he made to be one of the best members of our I yield my time and thank my col- on that show. Senate Judiciary Committee. He is now leagues. Senator SESSIONS said Bonnie Camp- Mr. LEAHY. Madam President, I see bell has no courtroom experience. The one of the leading lights in all intellec- my good friend, the Senator from Iowa, truth: Bonnie Campbell’s qualifications tual property issues as a Federal Cir- on the floor. I yield him 10 minutes. are exemplary. The American Bar As- cuit Court of Appeals judge. The fact The PRESIDING OFFICER. The Sen- sociation has given her their stamp of is, he has a great deal of ability in that ator from Iowa. approval. She has had a long history in area. I agree with that. Mr. HARKIN. Madam President, I law starting in 1984 with her private Mr. HARKIN. Will the Senator yield thank my good friend from Vermont practice in Des Moines where she on that point? I am not criticizing for yielding me this time to voice my worked on cases involving medical Randall Rader. support for the reauthorization of the malpractice, employment discrimina- Mr. HATCH. I didn’t think you were. Violence Against Women Act. It is an tion, personal injury, real estate, and Mr. HARKIN. I am saying here is a important act that should be passed family law. guy on the court, probably doing a forthwith. She was then elected attorney gen- great job for all I know, but he didn’t I was a proud cosponsor of this bill eral of Iowa, the first woman to ever have any courtroom experience either. when it passed in 1994, and I am an hold that office. In that position, she Mr. HATCH. I agree with the Sen- original cosponsor of the reauthoriza- gained high marks from all ends of the ator. tion bill. This is a law that has helped political spectrum as someone who was Let me just say this. I am in agree- hundreds of thousands of women and strongly committed to enforcing the ment with my friend and colleague children in my State of Iowa and law to reducing crime and protecting from Iowa. I believe it is helpful to across the Nation. Iowa has received consumers. have trial experience, especially when more than $8 million through grants of As I said, in 1995, she led the imple- you are going to be a trial judge. I do VAWA. These grants fund the domestic mentation of the Violence Against not think it is absolutely essential, violence hotline and keep the doors Women Act as head of that office under however. I also believe some of the open at domestic violence shelters, the Justice Department. Her strong greatest judges we have had, on the such as the Family Violence Center in performance in this role is reflected in trial bench, the appellate bench, and on Des Moines. last month’s House vote to reauthorize the Supreme Court, never stepped a VAWA grants to Iowa have provided VAWA—415–3. day into a courtroom other than to be services to more than 2,000 sexual as- Senator SESSIONS from Alabama says sworn into law to practice. sault victims just this year, and more she has no courtroom experience. I will Mr. HARKIN. I agree with that. than 20,559 Iowa students this year mention a few of the judicial nominees Mr. HATCH. That isn’t the situation. have received information about rape who have been confirmed who were Now, I have to say, I appreciate my prevention through this Federal fund- criticized for having little or no court- two colleagues from Iowa in their very ing. room experience. earnest defense, and really offense, in

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22068 CONGRESSIONAL RECORD—SENATE October 11, 2000 favor of Bonnie Campbell. She is a very The PRESIDING OFFICER. The time Mr. HARKIN. Thirty seconds. nice woman and a very good person. yielded to the Senator from Iowa has The PRESIDING OFFICER. The Sen- Personally, I wish I could have gotten expired. ator is recognized for 30 seconds. her through. But it isn’t all this side’s Mr. LEAHY. I assumed the time of UNANIMOUS CONSENT REQUEST—NOMINATION OF fault. As the Senator knows, things ex- the Senator from Utah was coming BONNIE J. CAMPBELL ploded here at the end because of con- from his side. Mr. HARKIN. Since this may be my tinual filibusters on motions to pro- Mr. HARKIN. I yielded to him. only opportunity today, I will do it, as ceed and misuse of the appointments Mr. LEAHY. Madam President, I I will every day we are in session. clause, holds by Democrats, by the yield the Senator 2 more minutes. Madam President, I ask unanimous Democrat leader, on their own judges, The PRESIDING OFFICER. The Sen- consent that the Judiciary Committee and other problems that have arisen ator from Iowa is recognized for 2 more be discharged from further consider- that always seem to arise in the last minutes. ation of the nomination of Bonnie J. days. Mr. HARKIN. I just point out, J. Campbell, that after the two rollcall So I apologize to the distinguished Harvie Wilkinson is another judge in votes at 4:30—— Senator I couldn’t do a better job in the Fourth Circuit. Again, he never Mr. HATCH. I object. getting her through. But I agree with had any courtroom experience either. The PRESIDING OFFICER. Objec- him, and I felt obligated to stand and I am just pointing out, the Senator tion is heard. tell him I agreed with him, that some from Alabama yesterday, on the same Mr. HATCH. I will wait until the of our greatest judges who have ever TV show, said Bonnie Campbell was Senator finishes. served have never had a day in court. I nominated too late. Nonsense. Mr. HARKIN. I wanted to finish— might add, some of the worst who have Gobbledy-gook. that the Senate proceed to this nomi- ever served have never had a day in Bonnie Campbell was nominated on nation, with debate limited to 2 hours court also. I think it is only fair to March 2 of this year. The four judicial equally divided and, further, that the make that clear. But there are also nominees who were confirmed just last Senate vote on this nomination at the some pretty poor judges who have been week were nominated after Bonnie conclusion of the yielding back of trial lawyers, as well. So it isn’t nec- Campbell. Why didn’t Senator SESSIONS time. essarily any particular experience. from Alabama stop them from going The PRESIDING OFFICER. Is there Mr. LEAHY. If the Senator would out of committee? They were nomi- objection? yield? nated after Bonnie Campbell. Three of Mr. HATCH. Madam President, I ob- Mr. HARKIN. I am just pointing out them were nominated, received their ject. what the Senator from Alabama, who hearings, and were reported out of the The PRESIDING OFFICER. Objec- is a member of the Judiciary Com- committee during the same week in tion is heard. mittee, said. July. Bonnie Campbell had her hearing Who yields time? Mr. HATCH. I understand. in May, and she has since been bottled Mr. HATCH addressed the Chair. Mr. HARKIN. I was not saying any- up in committee. The PRESIDING OFFICER. The Sen- thing about the Senator from Utah. I I keep pointing out, in 1992 President ator from Utah. was just pointing out, as he just did, Bush nominated 14 circuit court Mr. HATCH. Madam President, I get some good judges on the appellate level judges. Nine had their hearing, nine a little tired of some of these com- never had trial experience. ments about judges when we put Mr. HATCH. If the Senator would were referred, and nine were con- through 377 Clinton-Gore judges, only 5 yield again, if we made that the cri- firmed—all in 1992. I guess it was not fewer than Ronald Reagan, the all-time terion, that you have to have a lot of too late when the Republicans had the high. I get a little tired of the anguish- trial experience, I am afraid we would Presidency, but it is too late if there is ing. hurt the Federal Judiciary in many re- a Democrat President. There has never been, to my recollec- spects because there are some great Here is the year: 2000. Seven circuit tion, in my 24 years here, a time where people—— court judges have been nominated; two Mr. HARKIN. I agree. have had their hearing, one has been we have not had problems at the end of Mr. HATCH. Who have served in very referred, and one has been confirmed— a Presidential year. Whether the distinguished manners who have not one out of seven. Democrats are in power or we are in had trial experience. I think it is help- So who is playing politics around power, there is always somebody, and ful, but it does not necessarily mean this place? others—quite a few people—who foul up you are going to be a great judge. The Senator from Alabama said the the process. But that is where we are. I thank my colleague for yielding. Judiciary Committee is holding hear- And to further foul it up is just not in Mr. LEAHY. Madam President, if the ings, just as they did in the past. the cards. Senator will yield, I will note the big In 1992, there were 15 judicial hear- Senator HARKIN has spoken at length difference between Judge Rader and ings; this year, there have been 8. about one nominee: Bonnie J. Camp- Bonnie Campbell. I think Judge Rader The Senator from Alabama also said bell. Let me respond. is a very good judge. I supported him. some Republican Senators claim It always is the case that some nomi- Judge Rader got an opportunity to Bonnie Campbell is too liberal. nations ‘‘die’’ at the end of the Con- have a vote on his nomination, and he But Bonnie Campbell has bipartisan gress. In 1992, when Democrats con- was confirmed. Bonnie Campbell, who support. Senator GRASSLEY, law en- trolled the Senate, Congress adjourned was nominated way back in March, has forcement people, and victims services without having acted on 53 Bush nomi- never been given a vote. There is a big groups also all support her. Is that the nations. I have a list here of the 53 difference. test? Bush nominees whose nominations ex- Mr. HARKIN. Yes. The PRESIDING OFFICER. The Sen- pired when the Senate adjourned in Mr. LEAHY. It is not trial experi- ator’s 2 minutes have expired. 1992, at the end of the 102nd Congress. ence. There is a big difference. She de- Mr. HARKIN. May I have 2 more min- By comparison, there are only 40 Clin- served a vote just as much as anybody utes? ton nominations that will expire when else. She never got the vote. Had she Mr. LEAHY. Madam President, how this Congress adjourns. My Democratic gotten the vote, then I think she would much time remains for the Senator colleagues have discussed at length have been confirmed. It is not a ques- from Vermont? some of the current nominees whose tion of Judge Rader, whom I happen to The PRESIDING OFFICER. The Sen- nominations will expire at the adjourn- like, who is a close personal friend of ator from Vermont has 9 minutes re- ment of this Congress, including mine, and whom I supported; it is a maining. Bonnie Campbell. I ask unanimous con- question of who gets a vote around Mr. LEAHY. I yield 1 more minute to sent that this list of 53 Bush nomina- here. the Senator. tions that Senate Democrats permitted

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22069 to expire in 1992 be printed in the that inevitably some nominations will quires recipients of STOP and Pro-Ar- RECORD. expire when the Congress adjourns. I rest grant funds, as a condition of fund- There being no objection, the mate- happens every two years. I personally ing, to facilitate the filing and service rial was ordered to be printed in the believe that Senate Republicans should of protection orders without cost to RECORD, as follows: get some credit for keeping the number the victim in both civil and criminal of vacancies that will die at the end of cases. 53 BUSH NOMINATIONS RETURNED BY THE DEMOCRAT- this Congress relatively low. As things Additionally, the legislation reau- CONTROLLED SENATE IN 1992 AT THE CLOSE OF THE now stand, 13 fewer nominations will thorizes the National Domestic Vio- 102D CONGRESS expire at the end this year than expired lence Hotline and rape prevention and education grant programs. It also con- Nominee Court at the end of the Bush Presidency. Madam President, I rise today to ex- tains three victims of child abuse pro- Sidney A. Fitzwater of Texas ...... Fifth Circuit. press my pride and gratitude that the grams, including the court-appointed John G. Roberts, Jr. of Maryland ...... D.C. Circuit. John A. Smietanka of Michigan ...... Sixth Circuit. Violence Against Women Act of 2000 special advocate program. The Rural Frederico A. Moreno of Florida ...... Eleventh Circuit. will pass the Senate today and soon be- Domestic Violence and Child Abuse En- Justin P. Wilson of Tennessee ...... Sixth Circuit. Franklin Van Antwerpen of Penn...... Third Circuit. come law. This important legislation forcement Grants are reauthorized Francis A. Keating of Oklahoma ...... Tenth Circuit. provides tools that will help women in through 2005. This direct grant pro- Jay C. Waldman of Pennsylvania ...... Third Circuit. Terrance W. Boyle of North Carolina Fourth Circuit. Utah and around the country who are gram, which focuses on problems par- Lillian R. BeVier of Virginia ...... Fourth Circuit victims of domestic violence break ticular to rural areas, will specifically James R. McGregor ...... Western District of Pennsylvania. Edmund Arthur Kavanaugh ...... Northern District of New York. away from dangerous and destructive help Utah and other states and local Thomas E. Sholts ...... Southern District of Florida. relationships and begin living their governments with large populations Andrew P. O’Rourke ...... Southern District of New York. Tony Michael Graham ...... Northern District of Oklahoma. lives absent of fear. living in rural areas. Carlos Bea ...... Northern District of California. I commend all of my fellow Senators Second, the legislation includes tar- James B. Franklin ...... Southern District of Georgia. David G. Trager ...... Eastern District of New York. and colleagues in the House of Rep- geted improvements that our experi- Kenneth R. Carr ...... Western District of Texas. resentatives with whom I worked to ence with the original Act has shown James W. Jackson ...... Northern District of Ohio. Terral R. Smith ...... Western District of Texas. ensure the Violence Against Women to be necessary. For example, VAWA Paul L. Schechtman ...... Southern District of New York. Act is reauthorized through the year authorizes grants for legal assistance Percy Anderson ...... Central District of California. Lawrence O. Davis ...... Eastern District of Missouri. 2005. The Republican and Democratic for victims of domestic violence, stalk- Andrew S. Hanen ...... Southern District of Texas. Senators and Representatives who ing, and sexual assault. It provides Russell T. Lloyd ...... Southern District of Texas. John F. Walter ...... Central District of California. worked to make sure that this legisla- funding for transitional housing assist- Gene E. Voigts ...... Western District of Missouri. tion passed understood and understand ance, an extremely crucial complement Manual H. Quintana ...... Southern District of New York. Charles A. Banks ...... Eastern District of Arizona. that violence knows no boundaries and to the shelter program, which was sug- Robert D. Hunter ...... Northern District of Alabama. it can affect the lives of everyone. gested early on by persons in my home Maureen E. Mahoney ...... Eastern District of Virginia. James S. Mitchell ...... Nebraska. This has been a truly bipartisan ef- state of Utah. It also improves full Ronald B. Leighton ...... Western District of Washington. fort of which everyone can be ex- faith and credit enforcement and com- William D. Quarles ...... Maryland. James A. McIntyre ...... Southern District of California. tremely proud. Specifically, I thank puterized tracking of protection orders Leonard E. Davis ...... Eastern District of Texas. Senator JOSEPH BIDEN for his by prohibiting notification of a J. Douglas Drushal ...... Northern District of Ohio. C. Christopher Hagy ...... Northern District of Georgia. unyielding commitment to this bill. batterer without the victim’s consent Louis J. Leonatti ...... Eastern District of Missouri. His leadership and dedication has en- when an out-of-state order is registered James J. McMonagle ...... Northern District of Ohio. Katharine J. Armentrout ...... Maryland. sured VAWA’s passage. I must say, in a new jurisdiction. Another impor- Larry R. Hicks ...... Nevada. though, that all along I remained more tant addition to the legislation ex- Richard Conway Casey ...... Southern District of New York. R. Edgar Campbell ...... Middle District of Georgia. optimistic than he that we would pass pands several key grant programs to Joanna Seybert ...... Eastern District of New York. this bill I promised him we would. cover violence that arises in dating re- Robert W. Kostelka ...... Western District of Louisiana. Richard E. Dorr ...... Western District of Missouri. I want to take a moment to briefly lationships. Finally, it makes impor- James H. Payne ...... Oklahoma. summarize some of the important pro- tant revisions to the immigration laws Walter B. Prince ...... Massachusetts. George A. O’Toole, Jr ...... Massachusetts. visions in this legislation. First, the to protect battered immigrant women. William P. Dimitrouleas ...... Southern District of Florida. bill reauthorizes through fiscal year There is no doubt that women and Henry W. Saad ...... Eastern District of Michigan. 2005 the key programs included in the children in my home state of Utah will Mr. HATCH. I would note that the original Violence Against Women Act, benefit from the improvements made Reagan and Bush nominations that such as the STOP and Pro-Arrest grant in this legislation. Mr. President, this Senate Democrats allowed to expire programs. The STOP grant program is the type of legislation that can ef- Congresses included the nominations of has succeeded in bringing police and fect positive changes in the lives of all minorities and women, such as Lillian prosecutors, working in close collabo- Americans. It provides assistance to BeVier, Frederic Moreno, and Judy ration with victim services providers, battered women and their children Hope. into the fight to end violence against when they need it the most. It provides I do not have any personal objection women. The STOP grants were revised hope to those whose lives have been to the judicial nominees who my to engage State courts in fighting vio- shattered by domestic violence. Democratic colleagues have spoken lence against women by targeting I am proud to have worked with the about over the last few weeks. I am funds to be used by these courts for the women’s groups in Utah and elsewhere sure that they are all fine people. Simi- training and education of court per- in seeing that VAWA is reauthorized. larly, I do not think that my Demo- sonnel, technical assistance, and tech- With their help, we have been able to cratic colleagues had any personal ob- nological improvements. make targeted improvements to the jections to the 53 judicial nominees The Pro-Arrest grants have helped to original legislation that will make cru- whose nominations expired in 1992, a develop and strengthen programs and cial services better and more available the end of the Bush presidency. policies that mandate and encourage to women and children who are trapped Many of the Republican nominees police officers to arrest abusers who in relationships of terror. I am proud of whose confirmations were blocked by commit acts of violence or violate pro- this achievement and what it will do to the Democrats have gone on to great tection orders. These grants have been save the lives of victims of domestic vi- careers both in public service and the expanded to include expressly the en- olence. private sector. Senator JEFF SESSIONS, forcement of protection orders as a In closing, I again want to thank Governor Frank Keating, and Wash- focus for the grant program funds. The Senators BIDEN and ABRAHAM, Con- ington attorney John Roberts are just changes also make the development gressman BILL MCCOLLUM, and Con- a few examples that come to mind. and enhancement of data collection gresswoman CONNIE MORELLA for their I know that it is small comfort to the and sharing systems to promote en- leadership on and dedication to the individuals whose nominations are forcement of protection orders a fund- issue of domestic violence. Legislators pending, but the fact of the matter is ing priority. Another improvement re- from both sides of the aisle in both

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.000 S11OC0 22070 CONGRESSIONAL RECORD—SENATE October 11, 2000 Houses of Congress have been com- his tireless commitment, as well as matter,’’ looking the other way when women mitted to ensuring that this legislation current counsel Bonnie Robin-Vergeer suffered abuse at the hands of their supposed becomes law. I am proud to have and former counsel Sheryl Walters. loved ones. Thanks in part to the original worked with my fellow legislators to They are truly professionals. Act, violence against women is no longer a private matter, and the time when a woman achieve this goal, which will bring On Senator ABRAHAM’S staff, I’d like has to suffer in silence because the criminal much needed assistance to the victims to thank Lee Otis, and her counterpart who is victimizing her happens to be her hus- of domestic violence. on Senator KENNEDY’s staff, Esther band or boyfriend has past. Together—at the Madam President, I am not just talk- Olavarria. federal, state, and local levels—we have been ing about violence against women leg- On the Foreign Relations Committee, steadily moving forward, step by step, along islation and the work that Senator I’d like to express my thanks to staff the road to ending this violence once and for BIDEN and I have done through the Director Biegun and the committed all. But there is more that we can do, and years to make it a reality. I actually staffs of Senator BROWNBACK and more that we must do. The Biden-Hatch Violence Against Women WELLSTONE, including Sharon Payt and worked very hard in my home State to Act of 2000 accomplishes two basic things: make sure we have women-in-jeopardy Karen Knutson. First, the bill reauthorizes through Fiscal programs, battered women shelters, And finally, Mr. President, there are Year 2005 the key programs included in the psychiatric children programs, and many dedicated people on my own staff original Violence Against Women Act, such other programs of counseling, so that who deserve special recognition. I as the STOP, Pro-Arrest, Rural Domestic Vi- they can be taken care of in conjunc- thank my chief counsel and staff direc- olence and Child Abuse Enforcement, and tion with the Violence Against Women tor, Manus Cooney, as well as Sharon campus grants programs; battered women’s Act and the moneys we put up here. In Prost, Maken Delrahim, and Leah shelters; the National Domestic Violence Hotline; rape prevention and education grant fact, we hold an annual charitable golf Belaire. I ask unanimous consent that a joint programs; and three victims of child abuse tournament that raises between programs, including the court-appointed spe- $500,000 and $700,000 a year, most of managers’ statement be printed in the cial advocate program (CASA). which goes for seed money to help RECORD. Second, the Violence Against Women Act these women-in-jeopardy programs, There being no objection, the mate- of 2000 makes some targeted improvements children’s psychiatric, and other pro- rial was ordered to be printed in the that our experience with the original Act has grams in ways that will help our soci- RECORD, as follows: shown to be necessary, such as— ety and families. Mr. President, we are very pleased that the (1) Authorizing grants for legal assistance I believe in this bill. I believe it is Senate has taken up and passed the Biden- for victims of domestic violence, stalking, Hatch Violence Against Women Act of 2000 and sexual assault; something we should do. I think every- (2) Providing funding for transitional hous- body ought to vote for it, and I hope, today. We have worked hard together over the past year to produce a bipartisan, ing assistance; no matter what happens today, we pass streamlined bill that has gained the support (3) Improving full faith and credit enforce- this bill, get it into law, and do what is of Senators from Both sides of the aisle. ment and computerized tracking of protec- right for our women and children—and The enactment of the Violence Against tion orders; sometimes even men who are also cov- Women Act in 1994 signaled the beginning of (4) Strengthening and refining the protec- ered by this bill because it is neutral. a national and historic commitment to the tions for battered immigrant women; But I hope we all know that it is most- women and children in this country victim- (5) Authorizing grants for supervised visi- tation and safe visitation exchange of chil- ly women who suffer. I hope we can get ized by family violence and sexual assault. Today we renew that national commitment. dren between parents in situations involving this done and do it in a way that really The original Act changed our laws, domestic violence, child abuse, sexual as- shows the world what a great country strengthened criminal penalties, facilitated sault, or stalking; and we live in and how much we are con- enforcement of protection orders from state (6) Expanding several of the key grant pro- cerned about women, children, fami- to state, and committed federal dollars to grams to cover violence that arises in dating lies, and doing something about some police, prosecutors, battered women shelters, relationships. of the ills and problems that beset us. a national domestic violence hotline, and Although this Act does not extend the Vio- How much time do I have remaining? other measures designed to crack down on lent Crime Reduction Trust Fund, it is the The PRESIDING OFFICER. The Sen- batterers and offer the support and services managers’ expectation that if the Trust Fund is extended beyond Fiscal Year 2000, ator has 5 minutes 15 seconds remain- that victims need in order to leave their abusers. funds for the programs authorized or reau- ing. These programs are not only popular, but thorized in the Violence Against Women Act Mr. HATCH. Madam President, let more importantly, the Violence Against of 2000 would be appropriated from this dedi- me use 1 more minute, and I will make Women Act is working. The latest Depart- cated funding source. a couple more comments. I want to ex- ment of Justice statistics show that overall, Several points regarding the provisions of press my strong support for the under- violence against women by intimate partners Title V, the Battered Immigrant Women lying bill in this conference report is down, falling 21 percent from 1993 (just Protection Act of 2000, bear special mention. dealing with victims of sex trafficking. prior to the enactment of the original Act) Title V continues the work of the Violence Against Women Act of 1994 (‘‘VAWA’’) in re- I am proud to have worked with my to 1998. States, counties, cities, and towns across moving obstacles inadvertently interposed colleagues on the Foreign Relations the country are creating a seamless network by our immigration laws that many hinder Committee, led by Senators of services for victims of violence against or prevent battered immigrants from fleeing BROWNBACK and WELLSTONE for much women—from law enforcement to legal serv- domestic violence safely and prosecuting of this past summer, on the significant ices, from medical care and crisis counseling, their abusers by allowing an abusive citizen criminal and immigration provisions in to shelters and support groups. The Violence or lawful permanent resident to blackmail this legislation. This is an important Against Women Act has made, and is mak- the abused spouse through threats related to measure that will strengthen the abil- ing, a real difference in the lives of millions the abused spouse’s immigration status. We of women and children. would like to elaborate on the rationale for ity of law enforcement to combat Not surprisingly, the support for the bill is several of these new provisions and how that international sex trafficking and pro- overwhelming. The National Association of rationale should inform their proper inter- vide needed assistance to the victims Attorneys General has sent a letter calling pretation and administration. of such trafficking. I think we can all for the bill’s enactment signed by every First, section 1503 of this legislation allows be very proud of this effort. state Attorney General in the country. The battered immigrants who unknowingly Before I conclude, Mr. President, I National Governors’ Association support the marry bigamists to avail themselves of want to thank all of the committed bill. The American Medical Association. Po- VAWA’s self-petition procedures. This provi- staff members on both sides of the aisle lice chiefs in every state Sheriffs. District sion is also intended to facilitate the filing of a self-petition by a battered immigrant and on several committees for their Attorneys. Women’s groups. Nurses, Bat- tered women’s shelters. The list goes on and married to a citizen or lawful permanent talented efforts to get this legislation on. resident with whom the battered immigrant done. For far too long, law enforcement, prosecu- believes he or she had contracted a valid First, on Senator BIDEN’S staff, I tors, the courts, and the community at large marriage and who represented himself or thank Alan Hoffman, chief of Staff for treated domestic abuse as a ‘‘private family herself to be divorced. To qualify, a marriage

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22071 ceremony, either in the United States or eral with discretion to grant a waiver of de- this opportunity to address, and that is the abroad, must actually have been performed. portability to a person with a conviction for eligibility of men to receive benefits and We would anticipate that evidence of such a a crime of domestic violence or stalking that services under the original Violence Against battered immigrant’s legal marriage to the did not result in serious bodily injury and Women Act and under this reauthorizing leg- abuser through a marriage certificate or that was connected to abuse suffered by a islation. The original Act was enacted in 1994 marriage license would ordinarily suffice as battered immigrant who was not the pri- to respond to the serious and escalating proof that the immigrant is eligible to peti- mary perpetrator of abuse in a relationship. problem of violence against women. A volu- tion for classification as a spouse without In determining whether such a waiver is war- minous legislative record compiled after four the submission of divorce decrees from each ranted, the Attorney General is to consider years of congressional hearings dem- of the abusive citizen’s or lawful permanent the full history of domestic violence in the onstrated convincingly that certain violent resident’s former marriages. For an abused case, the effect of the domestic violence on crimes, such as domestic violence and sexual spouse to obtain sufficient detailed informa- any children, and the crimes that are being assault, disproportionally affect women, tion about the date and the place of each of committed against the battered immigrant. both in terms of the sheer number of as- the abuser’s former marriages and the date Similarly, the Attorney General is to take saults and the seriousness of the injuries in- and place of each divorce, as INS currently the same types of evidence into account in flicted. Accordingly, the Act, through sev- requires, can be a daunting, difficult and determining under sections 1503(d) and eral complementary grant programs, made it dangerous task, as this information is under 1504(a) whether a battered immigrant has a priority to address domestic violence and the control of the abuser and the abuser’s proven that he or she is a person of good sexual assault targeted at women, even family members. Section 1503 should relieve moral character and whether otherwise dis- though women, of course, are not alone in the battered immigrant of that burden in the qualifying conduct should not operate as a experiencing this type of violence. ordinary case. bar to that finding because it is connected to Recent statistics justify a continued focus Second, section 1503 also makes VAWA re- the domestic violence, including the need to on violence targeted against women. For ex- lief available to abused spouses and children escape an abusive relationship. This legisla- ample, a report by the U.S. Department of living abroad of citizens and lawful perma- tion also clarifies that the VAWA evi- Justice, Bureau of Justice Statistics issued nent residents who are members of the uni- dentiary standard under which battered im- in May 2000 on Intimate Partner Violence formed services or government employees migrants in self-petition and cancellation confirms that crimes committed against per- living abroad, as well as to abused spouses proceedings may use any credible evidence sons by current or former spouses, boy- and children living abroad who were abused to prove abuse continues to apply to all as- friends or girlfriends—termed intimate part- by a citizen or lawful permanent resident pects of self-petitions and VAWA cancella- ner violence—is ‘‘committed primarily spouse or parent in the United States. We tion as well as to the various domestic vio- against women.’’ Of the approximately 1 mil- would expect that INS will take advantage of lence discretionary waivers in this legisla- lion violent crimes committed by intimate the expertise the Vermont Service Center tion and to determinations concerning U partners in 1998, 876,340, or about 85 percent, has developing in deciding self-petitions and visas. were committed against women. Women assign it responsibility for adjudicating Fifth, section 1505 makes section 212(i) were victims of intimate partner violence at these petitions even though they may be waivers available to battered immigrants on a rate about 5 times that of men. That same filed at U.S. embassies abroad. year, women represented nearly 3 out of 4 Third, while VAWA self-petitioners can in- a showing of extreme hardship to, among others, a ‘‘qualified alien’’ parent or child. victims of the 1,830 murders attributed to in- clude their children in their applications, timate partners. Indeed, while there has been VAWA cancellations of removal applicants The reference intended here is to the current definition of a qualified alien from the Per- a sharp decrease over the years in the rate of cannot. Because there is a backlog for appli- murder of men by intimates, the percentage cations for minor children of lawful perma- sonal Responsibility and Work Opportunity Reconciliation Act of 1996, found at 8 U.S.C. of female murder victims killed by intimates nent residents, the grant of permanent resi- has remained stubbornly at about 30 percent dency to the applicant parent and the theo- 1641. Sixth, section 1506 of this legislation ex- since 1976. retical available of derivative status to the Despite the need to direct federal funds to- tends the deadline for a battered immigrant child at that time does not solve this prob- ward the most pressing problem, it was not, to file a motion to reopen removal pro- lem. Although in the ordinary cancellation and is not, the intent of Congress categori- ceedings, now set at 90 days after the entry case the INS would not seek to deport such cally to exclude men who have suffered do- of an order of removal, to one year after a child, an abusive spouse may try to bring mestic abuse or sexual assaults from receiv- final adjudication of such an order. It also about that result in order to exert power and ing benefits and services under the Violence allows the Attorney General to waive the control over the abused spouse. Section 1504 Against Women Act. The Act defines such one year deadline on the basis of extraor- directs the Attorney General to parole such key terms as ‘‘domestic violence’’ and ‘‘sex- dinary circumstances or hardship to the children, thereby enabling them to remain ual assault,’’ which are used to determine alien’s child. Such extraordinary cir- with the victim and out of the abuser’s con- eligibility under several of the grant pro- cumstances may include but would not be trol. This directive should be understood to grams, including the largest, the STOP grant limited to an atmosphere of deception, vio- include a battered immigrant’s children program, in gender-neutral language. Men lence, and fear that make it difficult for a whether or not they currently reside in the who have suffered these types of violent at- victim of domestic violence to learn of or United States, and therefore to include the tacks are eligible under current law to apply take steps to defend against or reopen an use of his or her parole power to admit them for services and benefits that are funded order of removal in the first instance. They if necessary. The protection offered by sec- under the original Act—and they will remain also include failure to defend against re- tion 1504 to children abused by their U.S. cit- eligible under the Violence Against Women moval or file a motion to reopen within the izen or lawful permanent resident parents is Act of 2000—whether it be for shelter space deadline on account of a child’s lack of ca- available to the abused child even though under the Family Violence Protection and pacity due to age. Extraordinary cir- the courts may have terminated the parental Services Act, or counseling by the National cumstances may also include violence or rights of the abuser. Domestic Violence Hotline, or legal assist- cruelty of such a nature that, when the cir- Fourth, in an effort to strengthen the hand ance in obtaining a protection order under cumstances surrounding the domestic vio- of victims of domestic abuse, in 1996 Con- the Legal Assistance for Victims program. gress added crimes of domestic violence and lence and the consequences of the abuse are We anticipate that the executive branch stalking to the list of crimes that render an considered, not allowing the battered immi- agencies responsible for making grants under individual deportable. This change in law has grant to reopen the deportation or removal the Act, as amended, will continue to admin- had unintended negative consequences for proceeding would thwart justice or be con- ister these programs so as to ensure that abuse victims because despite recommended trary to the humanitarian purpose of this men who have been victimized by domestic procedures to the contrary, in domestic vio- legislation. Finally, they include the bat- violence and sexual assault will receive bene- lence cases many officers still makes dual tered immigrant’s being made eligible by fits and services under the Act, as appro- arrests instead of determining the primary this legislation for relief from removal not priate. perpetrator of abuse. A battered immigrant available to the immigrant before that time. We append to this joint statement a sec- may well not be in sufficient control of his Seventh, section 1507 helps battered immi- tion by section analysis of the bill and a or her life to seek sufficient counsel before grants more successfully protect themselves more detailed section by section analysis of accepting a plea agreement that carries lit- from ongoing domestic violence by allowing the provisions contained in Title V. tle or no jail time without understanding its battered immigrants with approved self-peti- Thank you. immigration consequences. The abusive tions to remarry. Such remarriage cannot Mr. HATCH. Madam President, I ask serve as the basis for revocation of an ap- spouse, on the other hand, may understand unanimous consent that two section- those consequences well and may proceed to proved self-petition or rescission of adjust- turn the abuse victim in to the INS. ment of status. by-section summaries of the Violence To resolve this problem, section 1505(b) of There is one final issue that has been Against Women Act be printed in the this legislation provides the Attorney Gen- raised, recently, which we would like to take RECORD.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22072 CONGRESSIONAL RECORD—SENATE October 11, 2000 There being no objection, the mate- percent allocated to state, tribal, and local and victim services to combat violence rial was ordered to be printed in the courts. against women on college campuses. Incor- RECORD, as follows: Sets aside five percent of total funds avail- porates ‘‘dating violence’’ into purpose areas able for State and tribal domestic violence for which grants may be used. Amends the DIVISION B, THE VIOLENCE AGAINST WOMEN and sexual assault coalitions and increases definition of ‘‘victim services’’ to include ACT OF 2000—SECTION-BY-SECTION SUMMARY the allocation for Indian tribes to 5 percent public, nonprofit organizations acting in a Sec. 1001. Short Title (up from 4 percent in the original Act). nongovernmental capacity, such as victim Names this division the Violence Against Amends the definition of ‘‘underserved services organizations at public universities. Women Act of 2000. populations’’ and adds additional purpose Authorization level is $10 million/year (FY Sec. 1002. Definitions areas for which grants may be used. 2000 STOP grant appropriation included a $10 Restates the definitions ‘‘domestic vio- Authorization level is $185 million/year million earmark for this use). lence’’ and ‘‘sexual assault’’ as currently de- (FY 2000 appropriation was $206.75 million Authorizes the Attorney General to make fined in the STOP grant program. (including a $28 million earmark for civil grants through 2003 to states, units of local legal assistance)). government, and Indian tribes to provide im- Sec. 1003. Accountability and Oversight Sec. 1104. Pro-Arrest Grants Reauthorization proved security, including the placement and Requires the Attorney General or Sec- use of metal detectors and other deterrent Extends this discretionary grant program retary of Health and Human Services, as ap- measures, at schools and on school grounds. through 2005 to develop and strengthen pro- plicable, to require grantees under any pro- Authorization level is $30 million/year. grams and policies that mandate and encour- gram authorized or reauthorized by this divi- Sec. 1109. Dating Violence sion to report on the effectiveness of the ac- age police officers to arrest abusers who Incorporates ‘‘dating violence’’ into cer- tivities carried out. Requires the Attorney commit acts of violence or violate protection tain purposes areas for which grants may be General or Secretary, as applicable, to report orders. used under the STOP, Pro-Arrest, and Rural biennially to the Senate and House Judiciary Sets aside 5 percent of total amounts avail- Domestic Violence and Child Abuse Enforce- Committees on these grant programs. able for grants to Indian tribal governments. Authorization level is $65 million/year (FY ment grant programs. Defines ‘‘dating vio- TITLE I—STRENGTHENING LAW ENFORCEMENT 2000 appropriation was $34 million). lence’’ as violence committed by a person: TO REDUCE VIOLENCE AGAINST WOMEN Sec. 1105. Rural Domestic Violence and Child (A) who is or has been in a social relation- Sec. 1101. Improving Full Faith and Credit En- Abuse Enforcement Grants Reauthorization ship of a romantic or intimate nature with forcement of Protection Orders the victim; and (B) where the existence of Extends through 2005 these direct grant Helps states and tribal courts improve such a relationship shall be determined programs that help states and local govern- interstate enforcement of protection orders based on consideration of the following fac- ments focus on problems particular to rural as required by the original Violence Against tors: (i) the length of the relationship; (ii) areas. Women Act of 1994. Renames Pro-Arrest the type of relationship; and (iii) the fre- Sets aside 5 percent of total amounts avail- Grants to expressly include enforcement of quency of interaction between the persons able for grants to Indian tribal governments. involved in the relationship. protection orders as a focus for grant pro- Authorization level is $40 million/year (FY gram funds, adds as a grant purpose tech- 2000 appropriation was $25 million). TITLE II—STRENGTHENING SERVICES TO nical assistance and use of computer and VICTIMS OF VIOLENCE other equipment for enforcing orders; in- Sec. 1106. National Stalker and Domestic Vio- lence Reduction Grants Reauthorization Sec. 1201. Legal Assistance to Victims of Domes- structs the Department of Justice to identify tic Violence and Sexual Assault and make available information on prom- Extends through 2005 this grant program to Building on set-asides in past STOP grant ising order enforcement practices; adds as a assist states and local governments in im- appropriations since fiscal year 1998 for civil funding priority the development and en- proving databases for stalking and domestic legal assistance, this section authorizes a hancement of data collection and sharing violence. separate grant program for those purposes systems to promote enforcement or protec- Authorization level is $3 million/year (FY through 2005. Helps victims of domestic vio- tion orders. 1998 appropriation was $2.75 million). lence, stalking, and sexual assault who need Amends the full faith and credit provision Sec. 1107. Clarify Enforcement to End Interstate legal assistance as a consequence of that vio- in the original Act to prohibit requiring reg- Battery/Stalking lence to obtain access to trained attorneys istration as a prerequisite to enforcement of Clarifies federal jurisdiction to ensure and lay advocacy services, particularly pro out-of-state orders and to prohibit notifica- reach to persons crossing United States bor- bono legal services. Grants support training, tion of a batterer without the victim’s con- ders as well as crossing state lines by use of technical assistance, data collection, and sent when an out-of-state order is registered ‘‘interstate or foreign commerce language.’’ support for cooperative efforts between vic- in a new jurisdiction. Requires recipients of Clarifies federal jurisdiction to ensure reach tim advocacy groups and legal assistance STOP and Pro-Arrest grant funds, as a condi- to battery or violation of specified portions providers. tion of funding, to facilitate filing and serv- of protection order before travel to facilitate Defines the term ‘‘legal assistance’’ to in- ice of protection orders without cost to the the interstate movement of the victim. clude assistance to victims of domestic vio- victim in both civil and criminal cases. Makes the nature of the ‘‘harm required for lence, stalking, and sexual assault in family, Clarifies that tribal courts have full civil domestic violence, stalking, and interstate immigration, administrative agency, or jurisdiction to enforce protection orders in travel offenses consistent by removing the housing matters, protection or stay away matters arising within the authority of the requirement that the victim suffer actual order proceedings, and other similar mat- tribe. physical harm from those offenses that pre- ters. For purposes of this section, ‘‘adminis- Sec. 1102. Enhancing the Role of Courts in Com- viously had required such injury. trative agency’’ refers to a federal, state, or bating Violence Against Women Resolves several inconsistencies between local governmental agency that provides fi- Engages state courts in fighting violence the protection order offense involving inter- nancial benefits. against women by targeting funds to be used state travel of the offender, and the protec- Sets aside 5 percent of the amounts made by the courts for the training and education tion order offense involving interstate travel available for programs assisting victims of of court personnel, technical assistance, and of the victim. domestic violence, stalking, and sexual as- technological improvements. Amends STOP Revises the definition of ‘‘protection sault in Indian country; sets aside 25 percent and Pro-Arrest grants to make state and order’’ to clarify that support or child cus- of the funds used for direct services, train- local courts expressly eligible for funding tody orders are entitled to full faith and ing, and technical assistance for the use of and dedicates 5 percent of states’ STOP credit to the extent provided under other victims of sexual assault. grants for courts. Federal law—namely, the Parental Kid- Appropriation is $40 million/year (FY 2000 Sec. 1103. STOP Grants Reauthorization naping Prevention Act of 1980, as amended. STOP grant appropriation included a $28 mil- Extends the interstate stalking prohibition Reauthorizes through 2005 this vital state lion earmark for this use). to cover interstate ‘‘cyber-stalking’’ that oc- formula grant program that has succeeded in Sec. 1202. Expanded Shelter for Battered Women curs by use of the mail or any facility of bringing police and prosecutors in close col- and Their Children interstate or foreign commerce, such as by laboration with victim services providers Reauthorizes through 2005 current pro- telephone or by computer connected to the into the fight to end violence against grams administered by the Department of Internet. women. (‘‘STOP’’ means ‘‘Services and Health and Human Services to help commu- Training for Officers and Prosecutors’’). Pre- Sec. 1108. School and Campus Security nities provide shelter to battered women and serves the original Act’s allocations of Extends the authorization through 2005 for their children, with increased funding to pro- states’ STOP grant funds of 25 percent to po- the grant program established in the Higher vide more shelter space to assist the tens of lice and 25 percent to prosecutors, but in- Education Amendments of 1998 and adminis- thousands who are being turned away. creases grants to victim services to 30 per- tered by the Justice Department for grants Authorization level is $175 million/year cent (from 25 percent), in addition to the 5 for on-campus security, education, training, (FY 2000 appropriation was $101.5 million).

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Sec. 1203. Transitional Housing Assistance for TITLE III—LIMITING THE EFFECTS OF tics and the National Academy of Sciences, Victims of Domestic Violence VIOLENCE ON CHILDREN through its National Research Council, to develop a plan to implement a research agen- Authorizes the Department of Health and Sec. 1301. Safe Havens for Children Pilot Pro- da based on the recommendations in the Na- Human Services to make grants to provide gram tional Academy of Sciences report ‘‘Under- short-term housing assistance and support Establishes through 2002 a pilot Justice standing Violence Against Women,’’ which services to individuals and their dependents Department grant program aimed at reduc- was produced under a grant awarded under who are homeless or in need of transitional ing the opportunity for domestic violence to the original Violence Against Women Act. housing or other housing assistance as a re- occur during the transfer of children for visi- Authorization is for such sums as may be sult of fleeing a situation of domestic vio- tation purposes by expanding the avail- necessary to carry out this section. lence, and for whom emergency shelter serv- ability of supervised visitation and safe visi- Sec. 1405. Standards, Practice, and Training for ices are unavailable or insufficient. tation exchange for the children of victims Sexual Assault Forensic Examinations Authorization level is $25 million for FY of domestic violence, child abuse, sexual as- Requires the Attorney General to evaluate 2001. sault, or stalking. Authorization level is $15 million for each existing standards of training and practice Sec. 1204. National Domestic Violence Hotline year. for licensed health care professions per- forming sexual assault forensic examina- Extends through 2005 this grant to meet Sec. 1302. Reauthorization of Victims of Child the growing demands on the National Do- tions and develop a national recommended Abuse Act Grants standard for training; to recommend sexual mestic Violence Hotline established under Extends through 2005 three grant programs assault forensic examination training for all the original Violence Against Women Act geared to assist children who are victims of health care students; and to review existing due to increased call volume since its incep- abuse. These are the court-appointed special protocols on sexual assault forensic exami- tion. advocate program, child abuse training for nations and, based on this review, develop a Authorization level is $2 million/year (FY judicial personnel and practitioners, and recommended national protocol and estab- 2000 appropriation was $2 million). grants for televised testimony of children. lish a mechanism for its nationwide dissemi- Sec. 1205. Federal Victims Counselors Grants Authorization levels are $12 million/year nation. Reauthorization for the special advocate programs, $2.3 mil- Authorization level is $200,000 for FY 2001. lion/year for the judicial personnel training Sec. 1406. Education and Training for Judges Extends through 2005 this program under program, and $1 million/year for televised and Court Personnel. which U.S. Attorney offices can hire coun- testimony (FY 2000 appropriations were $10 selors to assist victims and witnesses in Amends the Equal Justice for Women in million, $2.3 million, and $1 million respec- the Courts Act of 1994, authorizing $1,500,000 prosecution of sex crimes and domestic vio- tively). lence crimes. each year through 2005 for grants for edu- Sec. 1303. Report on Parental Kidnapping Laws cation and training for judges and court per- Authorization level is $1 million/year (FY sonnel instate courts, and $500,000 each year 1998 appropriation was $1 million). Requires the Attorney General to study and submit recommendations on federal and through 2005 for grants for education and Sec. 1206. Study of State Laws Regarding Insur- state child custody laws, including custody training for judges and court personnel in ance Discrimination Against Victims of Vio- provisions in protection orders, the Parental federal courts. Adds three areas of training lence Against Women. Kidnapping Prevention Act of 1980, and the eligible for grant use. Requires the Attorney General to conduct Uniform Child Custody Jurisdiction and En- Sec. 1407. Domestic Violence Task Force a national study to identify state laws that forcement Act adopted by the National Con- Requires the Attorney General to establish address insurance discrimination against ference of Commissioners on Uniform State a task force to coordinate research on do- victims of domestic violence and submit rec- Laws in July 1997, and the effect of those mestic violence and to report to Congress on ommendations based on that study to Con- laws on child custody cases in which domes- any overlapping or duplication of efforts gress. tic violence is a factor. Amends emergency among the federal agencies that address do- jurisdiction to cover domestic violence. mestic violence. Sec. 1207. Study of Workplace Effects from Vio- Authorization level is $200,000. Authorization level is $500,000. lence Against Women TITLE V—BATTERED IMMIGRANT WOMEN TITLE IV—STRENGTHENING EDUCATION & Requires the Attorney General to conduct TRAINING TO COMBAT VIOLENCE AGAINST Strengthens and refines the protections for a national survey of programs to assist em- WOMEN battered immigrant women in the original ployers on appropriate responses in the Violence Against Women Act. Eliminates a Sec. 1401. Rape Prevention and Education Pro- workplace to victims of domestic violence or number of ‘‘catch-22’’ policies and unin- gram Reauthorization sexual assault and submit recommendations tended consequences of subsequent changes based on that study to Congress. Extends through 2005 this Sexual Assault in immigration law to ensure that domestic Education and Prevention Grant program; abusers with immigrant victims are brought Sec. 1208. Study of Unemployment Compensa- includes education for college students; pro- to justice and that the battered immigrants tion For Victims of Violence Against Women vides funding to continue the National Re- Congress sought to help in the original Act Requires the Attorney General to conduct source Center on Sexual Assault at the Cen- are able to escape the abuse. a national study to identify the impact of ters for Disease Control and Prevention. TITLE VI—MISCELLANEOUS Authorization level is $80 million/year (FY state unemployment compensation laws on Sec. 1601. Notice Requirements for Sexually Vio- 2000 appropriation was $45 million). victims of domestic violence when the vic- lent Offenders tim’s separation from employment is a di- Sec. 1402. Education and Training to End Vio- Amends the Jacob Wetterling Crimes rect result of the domestic violence, and to lence Against and Abuse of Women with Against Children and Sexually Violent Of- submit recommendations based on that Disabilities fender Registration Act to require sex of- study to Congress. Establishes a new Justice Department fenders already required to register in a Sec. 1209. Enhancing Protections for Older and grant program through 2005 to educate and State to provide notice, as required under Disabled Women from Domestic Violence provide technical assistance to providers on State law, of each institution of higher edu- and Sexual Assault. effective ways to meet the needs of disabled cation in that State at which the person is women who are victims of domestic violence, Adds as new purposes areas to STOP grants employed, carries on a vocation, or is a stu- sexual assault, and stalking. and Pro-Arrest grants the development of dent. Requires that state procedures ensure Authorization level is $7.5 million/year. policies and initiatives that help in identi- that this registration information is prompt- ly made available to law enforcement agen- fying and addressing the needs of older and Sec. 1403. Reauthorization of Community Initia- cies with jurisdiction where the institutions disabled women who are victims of domestic tives to Prevent Domestic Violence of higher education are located and that it is violence or sexual assault. Reauthorizes through 2005 this grant pro- gram to fund collaborative community entered into appropriate State records or Authorizes the Attorney General to make data systems. These changes take effect 2 grants for training programs through 2005 to projects targeted for the intervention and prevention of domestic violence. years after enactment. assist law enforcement officers, prosecutors, Amends the Higher Education Act of 1965 Authorization level is $6 million/year (FY and relevant court officers in recognizing, to require institutions of higher education to 2000 appropriation was $6 million). addressing, investigating, and prosecuting issue a statement, in addition to other dis- instances of elder abuse, neglect, and exploi- Sec. 1404. Development of Research Agenda closures required under the Act, advising the tation and violence against individuals with Identified under the Violence Against campus community where law enforcement disabilities, including domestic violence and Women Act. agency information provided by a State con- sexual assault, against older or disabled indi- Requires the Attorney General to direct cerning registered sex offenders may be ob- viduals. the National Institute of Justice, in con- tained. This change takes effect 2 years after Authorization is $5 million/year. sultation with the Bureau of Justice Statis- enactment.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22074 CONGRESSIONAL RECORD—SENATE October 11, 2000 Amends the Family Educational Rights Sec. 1502. Findings and Purposes sences that exceed 180 days, interrupts con- and Privacy Act of 1974 to clarify that noth- Lays out as the purpose of the title build- tinuous physical presence, does not apply to ing in that Act may be construed to prohibit ing on VAWA 1994’s efforts to enable bat- any absence or portion of an absence con- an educational institution from disclosing tered immigrant spouses and children to free nected to the abuse. Makes this change ret- information provided to the institution con- themselves of abusive relationships and re- roactive to date of enactment of IIRIRA. Di- cerning registered sex offenders; requires the port abuse without fear of immigration law rects Attorney General to parole children of Secretary of Education to take appropriate consequences controlled by their abusive cit- battered immigrants granted cancellation steps to notify educational institutions that izen or lawful permanent resident spouse or until their adjustment of status application disclosure of this information is permitted. parent. has been acted on, provided the battered im- Sec. 1602. Teen Suicide Prevention Study Sec. 1503. Improved Access to Immigration Pro- migrant exercises due diligence in filing such Authorizes a study by the Secretary of tections of the Violence Against Women Act an application. Health and Human Services of predictors of of 1994 for Battered Immigrant Women. Sec. 1505. Offering Equal Access to Immigration suicide among at-risk and other youth, and Protections of the Violence Against Women barriers that prevent the youth from receiv- Allows abused spouses and children who have already demonstrated to the INS that Act of 1994 for All Qualified Battered Immi- ing treatment, to facilitate the development grant Self-Petitioners of model treatment programs and public edu- they have been the victims of battery or ex- Grants the Attorney General the authority cation and awareness efforts. treme cruelty by their spouse or parent to Authorization is for such sums as may be file their own petition for a lawful perma- to waive certain bars to admissibility or necessary. nent resident visa without also having to grounds of deportability with respect to bat- tered spouses and children. New Attorney Sec. 1603. Decade of Pain Control and Research show they will suffer ‘‘extreme hardship’’ if forced to leave the U.S., a showing that is General waiver authority granted (1) for Designates the calendar decade beginning not required if their citizen or lawful perma- crimes of domestic violence or stalking January 1, 2001, as the ‘‘Decade of Pain Con- where the spouse or child was not the pri- trol and Research.’’ nent resident spouse or parent files the visa petition on their behalf. Eliminates U.S. mary perpetrator of violence in the relation- ship, the crime did not result in serious bod- TITLE V, THE BATTERED IMMIGRANT WOMEN residency as a prerequisite for a spouse or ily injury, and there was a connection be- PROTECTION ACT OF 2000—SECTION-BY-SEC- child of a citizen or lawful permanent resi- tween the crime and the abuse suffered by TION SUMMARY dent who has been battered in the U.S. or whose spouse is a member of the uniformed the spouse or child; (2) for misrepresenta- Title V is designed to improve on efforts tions connected with seeking an immigra- made in VAWA 1994 to prevent immigration services or a U.S. government employee to tion benefit in cases of extreme hardship to law from being used by an abusive citizen or file for his or her own visa, since there is no the alien (paralleling the AG’s waiver au- lawful permanent resident spouse as a tool U.S. residency prerequisite for non-battered thority for spouses and children petitioned to prevent an abused immigrant spouse form spouses’ or children’s visas. Retains current for by their citizen or lawful permanent resi- reporting abuse or living the abusive rela- law’s special requirement that abused tionship. This could happen because gen- spouses and children filing their own peti- dent spouse or parent in cases of extreme erally speaking, U.S. immigration law gives tions (unlike spouses and children for whom hardship to the spouse or parent); (3) for citizens and lawful permanent residents the their citizen or lawful permanent resident crimes of moral turpitude not constituting right to petition for their spouses to be spouse or parent petitions) demonstrate good aggravated felonies where the crime was granted a permanent resident visa, which is moral character, but modifies it to give the connected to the abuse (similarly paralleling the necessary prerequisite for immigrating Attorney General authority to find good the AG’s waiver authority for spouses and to the United States. In the vast majority of moral character despite certain otherwise children petitioned for by their spouse or cases, granting the right to seek the visa to disqualifying acts if those acts were con- parents); (4) for health related grounds of in- the citizen or lawful permanent resident nected to the abuse. admissibility (also paralleling the AG’s spouse makes sense, since the purpose of Allows a victim of battery or extreme cru- waiver authority for spouses and children pe- family immigration visas is to allow U.S. elty who believed himself or herself to be a titioned for by their spouse or parent); and citizens or lawful permanent residents to citizen’s or lawful permanent resident’s (5) for unlawful presence after a prior immi- live here with their spouses and children. spouse and went through a marriage cere- gration violation, if there is a connection be- But in the unusual case of the abusive rela- mony to file a visa petition as a battered tween the abuse and the alien’s removal, de- tionship, an abusive citizen or lawful perma- spouse if the marriage was not valid solely parture, reentry, or attempted reentry. nent resident can use control over his or her on account of the citizen’s or lawful perma- Clarifies that a battered immigrant’s use of spouse’s visa as a means to blackmail and nent resident’s bigamy. Allows a battered public benefits specifically made available to control the spouse. The abusive spouse would spouse whose citizen spouse died, whose battered immigrants in PRWORA does not do this by withholding a promised visa peti- spouse lost citizenship, whose spouse lost make the immigrant inadmissible on public tion and then threatening to turn the abused lawful permanent residency, or from whom charge ground. spouse in to the immigration authorities if the battered spouse was divorced to file a Sec. 1506. Restoring Immigration Protections the abused spouse sought to leave the abuser visa petition as an abused spouse within two under the Violence Against Women Act of or report the abuse. years of the death, loss of citizenship or law- 1994 VAWA 1994 changed this by allowing immi- ful permanent residency, or divorce, pro- grants who demonstrate that they have been Establishes mechanism paralleling mecha- vided that the loss of citizenship, status or nism available to spouses and children peti- battered or subjected to extreme cruelty by divorce was connected to the abuse suffered their U.S. citizen or lawful permanent resi- tioned for by their spouse or parent to enable by the spouse. Allows a battered spouse to VAWA-qualified battered spouse or child to dent spouses to file their own petitions for naturalize after three years residency as visas without the cooperation of their abu- obtain status as lawful permanent resident other spouses may do, but without requiring sive spouse. VAWA 1994 also allowed abused in the United States rather than having to the battered spouse to live in marital union spouses placed in removal proceedings to go abroad to get a visa. with the abusive spouse during that period. seek ‘‘cancellation of removal,’’ a form of Addresses problem created in 1996 for bat- Allows abused children or children of discretionary relief from removal available tered immigrants’ access to cancellation of abused spouses whose petitions were filed to individuals in unlawful immigration sta- removal by IIRIRA’s new stop-time rule. when they were minors to maintain their pe- tus with strong equities, after three years That rule was aimed at individuals gaming titions after they attain age 21, as their cit- rather than the seven ordinarily required. the system to gain access to cancellation of izen or lawful permanent resident parent Finally, VAWA 1994 granted similar rights to removal. To prevent this, IIRIRA stopped would be entitled to do on their behalf had minor children abused by their citizen or the clock on accruing any time toward con- the original petition been filed during the lawful permanent resident parent, whose im- tinuous physical presence at the time INS child’s minority, treating the petition as migration status, like that of the abused initiates removal proceedings against an in- filed on the date of the filing of the original spouse, would otherwise be dependent on the dividual. This section eliminates application petition for purposes of determining its pri- abusive parent. VAWA 2000 addresses resid- of this rule to battered immigrant spouses ority date. ual immigration law obstacles standing in and children, who, if they are sophisticated the path of battered immigrant spouses and Sec. 1504. Improved Access to Cancellation of enough about immigration law and has suffi- children seeking to free themselves from Removal and Suspension of Deportation cient freedom of movement to ‘‘game the abusive relationships that either had not under the Violence Against Women Act of system’’, presumably would have filed self- come to the attention of the drafters of 1994. petitions, and more likely do not even know VAWA 1994 or have arisen since as a result of Clarifies that with respect to battered im- that INS has initiated proceedings against 1996 changes to immigration law. migrants, IIRIRA’s rule, enacted in 1996, that them because their abusive spouse or parent Sec. 1501. Short Title. provides that with respect to any applicant has withheld their mail. To implement this Names this title the Battered Immigrant for cancellation of removal, any absence change, allows a battered immigrant spouse Women Protection Act of 2000. that exceeds 90 days, or any series of ab- or child to file a motion to reopen removal

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22075 proceedings within 1 year of the entry of an about the crime, and a law enforcement offi- Sentencing Reform Act of 1984. Since order of removal (which deadline may be cial or a judge certifies that the victim has 1995, the Truth-in-Sentencing Program waived in the Attorney General’s discretion been helpful, is being helpful, or is likely to has provided approximately $600 mil- if the Attorney General finds extraordinary be helpful in investigating or prosecuting the lion per year to States for prison con- circumstances or extreme hardship to the crime. The crime must involve rape, torture, alien’s child) provided the alien files a com- trafficking, incest, sexual assault, domestic struction. In order to receive these plete application to be classified as VAWA- violence, abusive sexual contact, prostitu- funds, States had to adopt truth-in- eligible at the time the alien files the re- tion, sexual exploitation, female genital mu- sentencing laws that require violent opening motion. tilation, being held hostage, peonage, invol- criminals to serve at least 85 percent of Sec. 1507. Remedying Problems with Implemen- untary servitude, slave trade, kidnapping, their sentences. As a result of such sen- tation of the Immigration Provisions of the abduction, unlawful criminal restraint, false tencing reforms, the average time Violence Against Women Act of 1994 imprisonment, blackmail, extortion, man- served by violent criminals in State slaughter, murder, felonious assault, witness Clarifies that negative changes of immi- tampering, obstruction of justice, perjury, prisons increased more than 12 percent gration status of abuser or divorce after attempt or conspiracy to commit any of the since 1993. Similarly, the Sentencing abused spouse and child file petition under above, or other similar conduct in violation Reform Act of 1984 created the Federal VAWA have no effect on status of abused of Federal, State, or local criminal law. Caps sentencing guidelines and increased spouse or child. Reclassifies abused spouse or visas at 10,000 per fiscal year. Allows Attor- sentences for Federal inmates. I am child as spouse or child of citizen if abuser ney General to adjust these individuals to becomes citizen notwithstanding divorce or proud to have supported both of these lawful permanent resident status if the alien initiatives to increase prison terms for termination of parental rights (so as not to has been present for 3 years and the Attor- create incentive for abuse victim to delay ney General determines this is justified on violent and repeat offenders. leaving abusive situation on account of po- humanitarian grounds, to promote family Some will say that Aimee’s law vio- tential future improved immigration status unity, or is otherwise in the public interest. lates the principles of federalism, and of abuser). Clarifies that remarriage has no Mr. HATCH. The sex trafficking con- in many respects, I am sympathetic to effect on pending VAWA immigration peti- these arguments. However, I would tion. ference report also contains legislation known as ‘‘Aimee’s law.’’ The purpose note that Aimee’s law does not create Sec. 1508. Technical Correction to Qualified any new Federal crimes, nor does it ex- Alien Definition for Battered Immigrants of Aimee’s law is to encourage States to keep murderers, rapists, and child pand Federal jurisdiction into State Makes technical change of description of and local matters. Instead, this law battered aliens allowed to access certain molesters incarcerated for long prison public benefits so as to use correct pre- terms. Last year, a similar version of uses Federal law enforcement assist- IIRIRA name for equitable relief from depor- Aimee’s law passed the Senate 81 to 17, ance funds to encourage States to in- tation/removal (‘‘suspension of deportation’’ and Aimee’s law passed the House of carcerate criminals convicted of mur- rather than ‘‘cancellation of removal’’) for Representatives 412 to 15. der, rape, and dangerous sexual of- pre-IIRIRA cases. This legislation withholds Federal fenses for adequate prison terms. Sec. 1509. Access to Cuban Adjustment Act for funds from certain States that fail to In conclusion, I would like to ac- Battered Immigrant Spouses and Children incarcerate criminals convicted of knowledge the efforts of Senator Allows battered spouses and children to ac- murder, rape, and dangerous sexual of- SANTORUM. He has been a tireless cess special immigration benefits available fenses for adequate prison terms. champion of Aimee’s law. Without his under Cuban Adjustment Act to other Aimee’s law operates as follows: In leadership, Aimee’s law would not have spouses and children of Cubans on the basis cases in which a State convicts a per- been included in the sex trafficking of the same showing of battery or extreme son of murder, rape, or a dangerous conference report. The State of Penn- cruelty they would have to make as VAWA sylvania should be proud to have such self-petitioners; relatives them of Cuban Ad- sexual offense, and that person has a justment Act showing that they are residing prior conviction for any one of those an able and energetic Senator. with their spouse/parent. offenses in a designated State, the des- My friend and colleague, the distin- Sec. 1510. Access to the Nicaraguan Adjustment ignated State must pay, from Federal guished ranking member of the Judici- and Central American Relief Act for Bat- law enforcement assistance funds, the ary Committee, has expressed frustra- tered Spouses and Children incarceration and prosecution cost of tion with certain legislative items Provides access to special immigration the other State. In such cases, the At- being added to the sex trafficking con- benefits under NACARA to battered spouses torney General would transfer the Fed- ference report. I respect him for voic- and children similarly to the way section 509 eral law enforcement funds from the ing his concerns. I too would have pre- does with respect to Cuban Adjustment Act. designated State to the subsequent ferred to have each of the measures Sec. 1511. Access to the Haitian Refugee Fair- State. that were included in this sex traf- ness Act of 1998 for Battered Spouses and A State is a designated State and is ficking conference report considered on Children subject to penalty under Aimee’s law if their own. But we have witnessed, dur- Provides access to special immigration (1) the average term of imprisonment ing this session of Congress, dilatory benefits under HRIFA to battered spouses imposed by the State on persons con- procedural maneuvering of the like I and children similarly to the way section 509 victed of the offense for which that per- have never witnessed before in the Sen- does with respect to Cuban Adjustment Act. son was convicted is less than the aver- ate. Sec. 1512. Access to Services and Legal Rep- age term of imprisonment imposed for Several bills which have passed both resentation for Battered Immigrants that offense in all States; or (2) that the House and the Senate are being Clarifies that Stop grants, Grants to En- held up with threats to filibuster the courage Arrest, Rural VAWA grants, Civil person had served less than 85 percent Legal Assistance grants, and Campus grants of the prison term to which he was sen- appointment of conferees. Motions to can be used to provide assistance to battered tenced for the prior offense. In deter- proceed to legislation are routinely ob- immigrants. Allows local battered women’s mining the latter factor, if the State jected to. As chairman of the Judiciary advocacy organizations, law enforcement or has an indeterminate sentencing sys- Committee, I was not even given the other eligible Stop grants applicants to tem, the lower range of the sentence courtesy of being told that there was a apply for Stop funding to train INS officers shall be considered the prison term. Democratic hold on my interstate alco- and immigration judges as well as other law For example, if a person is sentenced to hol bill until after I sought to include enforcement officers on the special needs of it in the sex trafficking conference re- battered immigrants. 10-to-12 years in prison, then the cal- culation is whether the person served port. The public even witnessed the Sec. 1513. Protection for Certain Crime Victims spectacle of the minority joining with Including Victims of Crimes Against Women 85 percent of 10 years. The purpose of Aimee’s law is simple: the majority to limit debate on, and Creates new nonimmigrant visa for victims to increase the term of imprisonment the amendments to, the Hatch H–1B of certain serious crimes that tend to target vulnerable foreign individuals without immi- for murderers, rapists, and child mo- bill and then turning around to repeat- gration status if the victim has suffered sub- lesters. In this respect, Aimee’s law is edly try to add non-relevant amend- stantial physical or mental abuse as a result similar to the Violent-Offender-and- ments to the bill in clear violation of of the crime, the victim has information Truth-in-Sentencing Program and the the Senate rules.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22076 CONGRESSIONAL RECORD—SENATE October 11, 2000 Just so the record is clear, there has It is important to note that the legisla- Now, I would like to say a few words been—and continues to be—an effort on tion, as revised with some amendments on the history of this issue. As many of the part of the minority to tie the Sen- in the Committee to address both the my colleagues know, debate over the ate up in procedural knots and then ac- Wine Institute’s and the American control of the distribution of beverage cuse the majority of being unable to Vintners Association’s concerns, even alcohol has been raging for as long as govern. That is their right under the got the support of Senators FEINSTEIN this country has existed. Prior to 1933, rules. I do not recall engaging in simi- and SCHUMER, the two most vocal early every time individuals or legislative lar tactics when Republicans were in opponents of the legislation. We bodies engaged in efforts to control the the minority but I am confident there worked hard with representatives of flow and consumption of alcohol, are instances where one could accuse of the wineries on language to further whether by moral persuasion, legisla- having engaged in similar dilatory tac- clarify that this bill does not, even un- tion or ‘‘Prohibition,’’ others were tics. But, I believe we eventually intentionally, somehow change the bal- equally determined to repeal, cir- reached the point where our fidelity to ancing test employed by the Courts in cumvent or ignore those barriers. The the institution and our oaths of office reviewing State liquor laws. We were passage of state empowering federal transcended the short-term interests of able to reach agreement and incor- legislation such as the Webb-Kenyon ballot box legislating. porated those changes in the bill. The Act and the Wilson Act were not suffi- The Senate has previously passed the Wine Institute and the Vintners Asso- cient, in and of themselves, to provide interstate alcohol bill and the Aimee’s ciation both have written us that they states with the power they needed to law legislation by overwhelming votes. are no longer oppose the legislation. control the distribution of alcohol in Ironically, the one piece of legislation Let me get to the substance of the the face of commerce clause chal- included in this bill which my col- legislation, the purpose behind it and lenges. It took the passage of a con- leagues on the other side of the aisle do the history of this issue—both legisla- stitutional amendment—and the re-en- not object to having been added is the tive and constitutional. I think it is actment of the Webb-Kenyon Act in Violence Against Women Act. This leg- important to fully understand this his- 1935—to give states the power they islation has not been considered by the tory to appreciate this legislation. needed to control the importation of Senate, although I am confident had it The simple purpose of this bill is to alcohol across their borders. been, it would have passed overwhelm- provide a mechanism to enable States The Twenty-First Amendment was ingly. to effectively enforce their laws ratified in 1933. That amendment ceded In short, no one respects the rules of against the illegal interstate shipment to the States the right to regulate the the Senate more than me, In the end, I of alcoholic beverages. Interstate ship- importation and transportation of al- hope the minority will rethink its tired ments of alcohol directly to consumers coholic beverages across their borders. and belabored efforts to prevent the have been increasing exponentially— By virtue of that grant of authority, Senate from doing the public’s work. and, while I certainly believe that each State created its own unique reg- Then we can adjourn and return to our interstate commerce should be encour- ulatory scheme to control the flow of respective states where the intervening aged, and while I do not want small alcohol. Some set up ‘‘State stores’’ to adjournment can be spent with the real businesses stifled by unnecessary or effectuate control of the shipment into, people of America—the workers, the overly burdensome and complex regu- and dissemination of alcohol within, teachers, and students—instead of the lations, I do not subscribe to the no- their State. Others refrained from di- pollsters and spin doctors which seem tion that purveyors of alcohol are free rect control of the product, but set up to be of paramount attention to too to avoid State laws which are con- other systems designed to monitor the many of my colleagues. sistent with the power bestowed upon shipments and ensure compliance with Mr. President, today I am pleased by them by the Constitution. Unfortu- its laws. But whatever the type of the likely passage tonight of S. 577, the nately, that is exactly want is hap- State system enacted, the purpose was Twenty-First Amendment Enforcement pening, and that is what this legisla- much the same: to protect its citizens Act. Originally introduced on March 10, tion will address. and ensure that its laws were obeyed. 1999, this legislation provides a mecha- All States, including the State of With passage of the ‘‘Twenty-First nism that will finally enable states to Utah, need to be able to address the Amendment Enforcement Act,’’ the effectively enforce their laws prohib- sale and shipment of liquor into their States will be empowered to fight ille- iting the illegal interstate shipment of State consistent with the Constitution. gal sales of alcohol—let me emphasize beverage alcohol. As my colleagues know, the Twenty illegal. This legislation is particularly At the outset, I should note that S. First Amendment ceded to the States well-timed in that it comes on the 577 has enjoyed overwhelming support the right to regulate the importation heels of a powerful opinion uphold on both sides of the aisle and in both and transportation of alcoholic bev- state rights under the 21st Amendment the Senate and the House of Represent- erages across their borders. States need in the case of Bridenbaugh v. Freeman- atives. to protect their citizens from consumer Wilson, by respected jurist Frank Originally passed by the Senate as an fraud and have a claim to the tax rev- Easterbrook and the Seventh Circuit amendment by Senator BYRD to the enue generated by the sale of such Court of Appeals. In an opinion uphold- Juvenile Justice bill, S. 254, on a lop- goods. And of the utmost importance, ing a state’s right to regulate the im- sided vote of 80–17 on May 18, 1999, a re- States need to ensure that minors are portation of alcohol and prohibit ille- vised version of S. 577 bill passed out of not provided with unfettered access to gal sales, Judge Easterbrook cogently the Judiciary Committee on a 17–1 vote alcohol. Unfortunately, indiscriminate articulated the role of the 21st Amend- on March 2, 2000. As of the time of final direct sales of alcohol circumvent this ment in the Constitutional framework: passage, there were 23 cosponsors of State right. . . . the twenty-first amendment did not the bill in the Senate—12 Republicans Let me emphasize that there are return the Constitution to its pre-1919 form. and 11 Democrats. many companies engaged in the direct Section 2 . . . closes the loophole left by the In the House, the companion legisla- interstate shipment of alcohol who do dormant commerce clause, . . . No longer not violate State laws. In fact, many of may the dormant commerce clause be read tion to S. 577, H.R. 2031, sponsored by to protect interstate shipments of liquor my friend from Florida, Representative these concerns look beyond their own from regulation; sec. 2 speaks directly to JOE SCARBOROUGH, passed the House interests and make diligent efforts to these shipments . . . No decision of the Su- initially by a vote of 310–112 on August disseminate information to others to preme Court holds or implies that laws lim- 3, 1999. H.R. 2031 was backed by a coali- ensure that State laws are understood ited to the importation of liquor are prob- tion of 45 cosponsors in the House. and complied with by all within the lematic under the dormant commerce clause. What is included in the conference interstate industry. This legislation Some who would seek to avoid state report is the version of S. 577 as passed only reaches those that violate the and federal laws have erroneously com- by the Judiciary Committee in March. law. plained that S. 577 will allow states to

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22077 enforce discriminatory state laws. clarifying that in-state licensees and Consequently, the state power vested These complaints are without merit. In other authorized in-state purveyors, under the Twenty-First Amendment, actuality, failure to pass this bill readily amenable to state proceedings, as I have discussed above, is appro- would have had the effect of discrimi- may not be subjected to federal injunc- priately interpreted with and against nating against in-state distributors by tive actions; other rights and privileges protected effectively giving out-of-state distribu- 5. Allows actions only against those by the Constitution, as the Supreme tors de facto immunity from state reg- who have violated or are currently vio- Court does in every case. It should also ulation. Congress and the Constitution lating state laws regulating the impor- be made clear that by enacting S. 577, have recognized that States have a le- tation or transportation of intoxi- we are not passing on the advisability gitimate interest in being able to con- cating; or legal validity of the various state trol the interstate distribution of alco- 6. Notes that evidence from an earlier laws regulating alcoholic beverages, hol on the same terms and conditions hearing on a request for a preliminary which continue to be litigated in the as they are able to control in-state dis- injunction—but from no other state or courts, and should appropriately be a tribution. As Judge Easterbrook point- federal proceedings, may be used in matter for the courts to decide. ed out: subsequent hearings seeking a perma- COLLOQUY ON 21ST AMENDMENT ENFORCEMENT Indeed, all ‘‘importation’’ involves ship- nent injunction—conserving court re- ACT ments from another state or nation. Every sources but protecting a defendant’s use of sec. 2 could be called ‘‘discriminatory’’ Mrs. BOXER. Madam President, I right to confront the evidence against have strong misgivings about one part in the sense that plaintiffs use that term, be- him; cause every statute limiting importation of the conference report we are about 7. Ensures that S. 577 may not be con- leaves intrastate commerce unaffected. If to consider. The provisions relating to that were the sort of discrimination that lies strued to interfere with or otherwise interstate sales of alcoholic beverages, outside state power, then sec. 2 would be a modify the Internet Tax Freedom Act; known as the 21st Amendment Enforce- 8. Provides for venue where the viola- dead letter. . . . Congress adopted the Webb- ment Act, would dramatically reduce Kenyon Act, and later proposed sec. 2 of the tion actually occurs—in the state into the ability of small wineries in my twenty-first amendment, precisely to rem- which the alcohol is illegally shipped. state to market their products across edy this reverse discrimination and make al- 9. Protects innocent interactive com- the country. cohol from every source equally amenable to puter services (ICS’s) and electronic state regulation. communications services (ECS’s) from These wineries are small, inde- That is exactly what S. 577 accom- the threat of injunctive actions as a re- pendent, often family-owned, oper- plishes. It simply ensures that all busi- sult of the use of those services by oth- ations. They are the ‘‘little guys’’ in nesses, both in-state and out-of-state, ers to illegally sell alcohol; the winemaking industry. They need to are held accountable to the same valid 10. Prohibits injunctive actions in- sell their products directly to con- laws of the state of delivery. volving the advertising or marketing sumers around the country, and the It is important to note that the (but not the sale, transportation or im- Internet, especially, holds great prom- Webb-Kenyon Act already prohibited portation) of alcohol where such adver- ise for their future economic success. the interstate shipment of alcohol in tising or marketing would be lawful in Already, some of them have been violation of state law. Unfortunately, the jurisdiction from which the adver- hurt by state laws banning interstate that general prohibition lacked an ap- tising originates; sales of wine. The Matanzas Greek propriate enforcement mechanism, 11. Requires that laws sought to be Winery in Sonoma County estimates thus thwarting the states’ ability to enforced by the states under S. 577 be that it is turning away around $8,000 a enforce their laws—those same laws valid exercises of authority conferred month in direct sales from consumers they enacted pursuant to valid Con- upon the states by the 21st Amendment who had visited the winery and hoped stitutional authority under the Twen- to place orders from their homes in ty-First Amendment—in state court and the Webb-Kenyon Act. Madam President, contrary to some other states. proceedings through jurisdictional of the erroneous claims of some in the I am very concerned that the 21st roadblocks. The legislation passed narrow opposition, I want to reempha- Amendment Enforcement Act will today removes that impediment to make it even more difficult for these state enforcement by simply providing size that S. 577 is intended to assist the states in the enforcement of constitu- ‘‘little guys’’ to compete in the wine the Attorney General of a State, who business. has reasonable cause to believe that his tionally-valid state liquor laws by pro- I would like to ask the distinguished or her State laws regulating the impor- viding them with a federal court chairman of the Judiciary Committee, tation and transportation of alcohol forum. We are not stopping Internet or Senator HATCH, whether he would con- are being violated, with the ability to for that matter, any, legal sales of al- sider the impact of this legislation on file an action in federal court for an in- cohol. Indeed, there is no objection to my small wineries. Would the senator junction to stop those illegal ship- this legislation by a host of companies be willing, after the legislation has ments. who sell wine over the Internet, such This bill is balanced to ensure due as Vineyards. The sole remedy avail- been on the books for a year or so, the process and fairness to both the State able under the bill is injunctive relief— review its impact on small wineries bringing the action and the company that is, no damages, no civil fines, and and to work with me to make such or individual alleged to have violated no criminal penalties may be imposed amendments as are necessary to take the State’s laws. The bill: solely as a result of this legislation. care of them? 1. Assures defendants of due process We specifically included rules of con- Mr. HATCH. Madam President, I by requiring that no injunctions may struction language in subsection 2(e) would be happy to consider this issue be granted without notice to the de- stating that this legislation ‘‘shall be after next year and examine the legis- fendants or an opportunity to be heard; construed only to extend the jurisdic- lation’s impact on small wineries. I re- 2. Assures defendants of due process tion of Federal courts in connection spect my colleagues from California’s by requiring that no preliminary in- with State law that is a valid exercise commitment to their constituents. I junction may be issued without prov- of power invested in the States’’ under must reemphasize, however, that this ing: (a) irreparable injury, and (b) a the Twenty-First Amendment as that legislation does nothing to hurt the so- probability of success on the merits; Amendment has been interpreted by called small wineries in competing or 3. Clarifies that injunctive relief only the U.S. Supreme Court ‘‘including in- marketing their products in the wine may be obtained—no damages, attor- terpretations in conjunction with other business. I worked hard for over a year neys fees or other costs—may be provisions of the Constitution.’’ This with the wine industry to ensure that awarded; bill is not to be construed as granting the legislation does not have any unin- 4. Assures that cases brought are the States any additional power be- tended consequences, and want to reas- truly interstate/federal in character by yond that. sure my colleague from California that

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22078 CONGRESSIONAL RECORD—SENATE October 11, 2000 the version of the legislation that is in- national sex trade, slavery and force tives on October 6 by a 371–1 vote mar- cluded in the conference report incor- labor also includes major provisions re- gin. porates revisions made in the com- authorizing the Violence Against The reauthorization legislation also mittee to address both the Wine Insti- Women Act, providing justice for vic- creates new initiatives including tran- tute’s and the American Vintners Asso- tims of terrorism, and Aimee’s law. sitional housing for victims of vio- ciation’s concerns. We also included One of the most disturbing human lence, a pilot program aimed at pro- language to further clarify that this rights violations of our time is traf- tecting children during visits with par- bill does not, even unintentionally, ficking of human beings, particularly ents accused of domestic violence, and somehow change the balancing test that of women and children, for pur- protections for elderly, disabled, and employed by the courts in reviewing poses of sexual exploitation and forced immigrant women. The bill also would state liquor laws. I should also not that labor. Every year, the trafficking of provide grants to reduce violent crimes the Wine Institute and the Vintners human beings for the sex trade affects against women on campus and extend Association, as well as numerous Inter- hundreds of thousands of women the Violent Crime Reduction Trust net commerce companies, have written throughout the world. Women and chil- Fund. It authorizes over $3 billion over us that they no longer oppose the legis- dren whose lives have been disrupted five years for the grant programs. As a lation. by economic collapse, civil wars, or Member of the House of Representa- The simple purpose of this bill is to fundamental changes in political geog- tives in the 103rd Congress, I supported provide a mechanism to enable States raphy have fallen prey to traffickers. H.R. 1133, the original Violence Against to effectively enforce their laws According to the Department of State, Women Act, offered by Representative against the illegal interstate shipment approximately 1-2 million women and Pat Schroeder of Colorado. Since of alcoholic beverages. I hope the dis- girls are trafficked annually around FY1995, VAWA has been a major source tinguished Senator from California the world. of funding for programs to reduce rape, knows that while I certainly believe I commend Senator SAM BROWNBACK stalking, and domestic violence. I am that interstate commerce should be en- and Senator PAUL WELLSTONE for their also very pleased that my own legisla- tion to strengthen incentives for vio- couraged, and while I do not want bipartisan leadership on the Inter- lent criminals, including rapists and small businesses stifled by unnecessary national Trafficking of Women and child molesters, to remain in prison or overly burdensome and complex reg- Children Victim Protection Act. The and hold states accountable is included ulations, I do not subscribe to the no- bill specifically defines ‘‘trafficking’’ as the use of deception, coercion, debt in the conference report. tion that purveyors of alcohol are free Aimee’s law was prompted by the to avoid State laws which are con- bondage, the threat of force, or the abuse of authority to recruit, trans- tragic death of a college senior Aimee sistent with the power bestowed upon Willard who was from Brookhaven, port, purchase, sell, or harbor a person them by the Constitution—and I should Pennsylvania near Philadelphia. Ar- for the purpose of placing or holding add that I don’t think that Senator thur Bomar, a convicted murderer was such person, whether for pay or not, in BOXER subscribes to that notion either. early paroled from a Nevada prison. involuntary servitude or slavery-like Let me emphasize that there are Even after he had assaulted a woman conditions. Using this definition, the many companies engaged in the direct in prison, Nevada released him early. legislation establishes within the De- interstate shipment of alcohol who do Bomar traveled to Pennsylvania where partment of State an Interagency Task not violate State laws. In fact, many of he found Aimee. He kidnapped, bru- Force to Monitor and Combat Traf- these concerns look beyond their own tally raped, and murdered Aimee. He ficking. The Task Force would assist interests and make diligent efforts to was prosecuted a second time for mur- disseminate information to others to the Secretary of State in reporting to der for this heinous crime in Delaware ensure that State laws are understood Congress the efforts of the United County, PA. Aimee’s mother, Gail Wil- and complied with by all within the States government to fight trafficking lard, has become a tireless advocate for interstate industry. This legislation and assist victims of this human rights victims’ rights and serves as an inspi- only reaches those that violate the abuse. In addition, the bill would ration to me and countless others. law, and only allows the attorney gen- amend the Immigration and Nation- This important legislation would use eral of a state to go to Federal court to ality Act to provide for a non-immi- federal crime fighting funds to create enforce its laws. It is just a jurisdic- grant classification for trafficking vic- an incentive for states to adopt stricter tional legislation and does not allow or tims in order to better assist the vic- sentencing and truth-in-sentencing prohibit any sales or marketing by any tims of this crime. laws by holding states financially ac- winery, large or small. Senator ORRIN HATCH and Senator countable for the tragic consequences Having said that, I do hear the con- JOE BIDEN introduced S. 2787, the Vio- of an early release which results in a cerns by Senator BOXER and am willing lence Against Women Act. This bipar- violent crime being perpetrated on the to consider the impact of this legisla- tisan bill would reauthorize federal citizens of another state. Specifically, tion after the law has been on the programs which have recently expired Aimee’s law will redirect enough fed- books for a year or so, as my colleague for another five years to prevent vio- eral crime fighting dollars from a state has asked. I look forward to working lence against women. It seeks to that has released early a murderer, with her to insure that this legislation strengthen law enforcement to reduce rapist, or child molester to pay the does not harm small wineries which these acts of violence, provide services prosecutorial and incarceration costs comply with the law. to victims, strengthen education and incurred by a state which has had to Mrs. BOXER. I thank the Senator for training to combat violence against reconvict this released felon for a simi- his interest and concern, and for his women and limit the effects of violence lar heinous crime. More than 14,000 commitment to review the impact of on children. I am an original cosponsor murders, rapes, and sexual assaults on the 21st Amendment Enforcement Act of this important legislation which has children are committed each year by on small wineries in the future. been endorsed by the National Associa- felons who have been released after Mr. HATCH. Madam President, I tion of Attorneys General, the Na- serving a sentence for one of those very yield the remainder of my time to the tional Governor’s Association, and the same crimes. Convicted murderers, Senator from Pennsylvania. American Medical Society. On Sep- rapists, and child molesters who are re- AIMEE’S LAW tember 26, the House of Representa- leased from prisons and cross state Mr. SANTORUM. Madam President, I tives passed its version of the Violence lines are responsible for sexual assaults rise in strong support of the Traf- Against Women Act, H.R. 1248, by a on more than 1,200 people annually, in- ficking Victims Protection Act con- vote of 415 to 3. I am pleased that this cluding 935 children. ference report, H.R. 3244, which in addi- important legislation is included in the Recidivism rates for sexual predators tion to seeking to end the trafficking Sex Trafficking conference report are the highest of any category of vio- of women and children into the inter- which passed the House of Representa- lent crime. Despite this, the average

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22079 time served for rape is only five and tions: utilizing the definitions for mur- it. She could run like the wind, and she en- one half years, and the average time der and rape of part I of the Uniform joyed the game—every game. She had friends served for sexual assault is under four Crime Reports of the FBI and for dan- and talents and dreams for a spectacular fu- years. Also troubling is the fact that gerous sexual offenses utilizing the ture, so it seemed only natural and right to believe that she would live well into old age. thirteen percent of convicted rapists definitions of chapter 109A of title 18- Never one to complain when things didn’t go receive no jail time at all. We have to provide for uniform comparisons her way, Aimee always worked and played to more than 130,000 convicted sex offend- across the states; (2) Sentencing Com- the best of her ability, happy with her suc- ers right now living in our commu- parisons: Eliminating the additional 10 cesses, taking her failure in stride. Aimee nities because of the leniency of these percent requirement and utilizing a na- lived and loved well. She never harmed any- systems. The average time served for tional average for sentencing only as a one; in fact, Aimee rarely ever spoke ill of homicide is just eight years. Under benchmark; (3) Study: Also building anyone. She was almost too good to be true. Aimee’s law, federal crime fighting into the process a study evaluating the On June 20, 1996, at age twenty-two years implementation and effect of Aimee’s and twelve days. Aimee was robbed of her funds are used to create an incentive life, and our family was robbed of the joy and for states to adopt stricter sentencing Law in 2006; (4) Source of Funds: Pro- love and innocent simplicity that were and truth-in-sentencing laws. vides states the flexibility to choose Aimee’s special gift to us. We will never be This legislation is endorsed by Gail the source of federal law enforcement the same. There is an ache deep within each Willard, Aimee’s mother, Marc Klass, assistance funds (except for crime vic- one of us—and ache that cries out, ‘‘Why Fred Goldman, and numerous organiza- tim assistance funds); (5) Implementa- God? Why?’’ tions such the National Fraternal tion: Delays the implementation of ‘‘Just Do It’’ was Aimee’s motto. She never Order of Police, the National Rifle As- Aimee’s Law to January 1, 2002 to worried about what she could not do well; she put her energy into doing what she could sociation, and the Law Enforcement allow states the opportunity to make any modifications that they would do well. In athletics, Aimee took her God- Alliance of America. 39 victims’ rights given talents and worked them to perfection. organizations also support Aimee’s law choose to do; and (6) Indeterminate For college Aimee accepted a scholarship to including Justice For All, the National Sentencing States: Safe harbor for play soccer for George Mason University in Association of Crime Victims’ Rights, states with sentencing ranges allows Fairfax, Virginia. In her sophomore year, she the Women’s Coalition, and Kids Safe. for the use of the lower number in the joined the lacrosse team. A two sport Divi- These groups consider Aimee’s law one calculation (e.g. if sentencing guideline sion 1 athlete, Aimee was on her way to be- of their highest priority bills. It sends is 10–15 years, 10 years will be utilized.) coming a legend at George Mason Univer- We are sending a clear message with sity. In the spring of 1996, the spring before a message that if a state has very le- she was murdered, Aimee led her lacrosse nient sentencing it impacts other Aimee’s law. We want tougher sen- tences and we want truth in sen- conference, scoring fifty goals with twenty- states and crime victims in those nine assists. In fact, 1995–96 was a banner states as well. tencing. A child molester who receives year for Aimee. She was named to the Colo- I first offered Aimee’s law as an four years in prison, when you consider nial Athletic Association All-Conference amendment to the juvenile justice bill the recidivism rate, is an abomination. Team in both soccer and lacrosse, and to the on May 19, 1999, which passed the Sen- Murders, rapists, and child molesters All-American team for the Southeast region ate by a 81–17 vote margin. Congress- do not deserve early release; our citi- in lacrosse. Aimee’s athletic success is only part of her man MATT SALMON also offered the leg- zens deserve to be protected. In this glory. Her friends describe her as a quiet islation as an amendment in the House legislation we are protecting one state’s citizens from the complacency presence, a fun-loving kid, a good listener, a of Representatives on June 16, 1999, loyal friend. They used words like shy, mod- which passed by a 412–15 vote. Due to a of another state, and appropriate role est, kind, strong, focused, intense, caring, lack of progress on the conference re- for the federal government. I want to sharing and loving when they speak about port it became necessary to move the thank my colleagues for their support Aimee. They tell of Aimee’s magic with peo- legislation separately. On May 11, I and urge the passage of this legisla- ple. So that you will understand the impact joined Aimee’s mother Gail at a hear- tion. her murder had on them, I want to share an ing of the U.S. House Subcommittee on Madam President, I ask unanimous excerpt from a letter one of her friends wrote consent that the statement of Gail Wil- to me. Crime, to urge the House to approve ‘‘For the past few weeks my heart has been legislation separately to keep sexual lard be printed in the RECORD, along with the list of endorsements. breaking for all of us in our devastating loss, predators behind bars. The House of but more recently I think my heart has been Representatives subsequently passed There being no objection, the mate- hurting a bit more for those who will never the legislation again by a unanimous rial was ordered to be printed in the get the chance to know the woman who voice vote. RECORD, as follows: played two Division 1 sports, making the all- Aimee’s law is an appropriate way to TESTIMONY OF GAIL WILLARD BEFORE THE conference teams in both, and All-American protect the citizens of one state from CRIME SUBCOMMITTEE in one. They will never meet the girl who inappropriate early releases of another It has been one thousand four hundred was always being named ‘Athlete of the twenty one days since Aimee’s murder. This Week’ and had no idea that she was half the state. One of the forty plus national or- nightmare began on June 20, 1996. At 4:45 time. These people will never get the chance ganizations supporting Aimee’s law, AM, I was awakened by a phone call—some- to argue with her over things like Nike vs. the National Fraternal Order of Police, thing every parent dreads and hopes will Adidas, Bubblicious vs. Bubble Yum, Coke said the following. never happen to them. I was told that the po- vs. Cherry Coke, or whether certain profes- One of the most frustrating aspects of law lice had found my car on the ramp of a major sional athletes were over-rated. I am one of enforcement is seeing the guilty go free and, highway. The car engine was running; the the fortunate ones. I have volumes of once free, commit another heinous crime. driver’s side door was open; the headlights Aimee’s memories. I know the beauty of Lives can be saved and tragedies averted if were on; the radio was playing loudly; and those big blue eyes under a low brim of a we have the will to keep these predators there was blood in front of and next to the Nike hat. I know the carefree serenity that locked up. Aimee’s Law addresses this issue car. Who was the driver? Where was the driv- gave birth to the goofy laugh. I witnessed smartly, with Federalizing crimes and with- er? That night, my beautiful twenty-two her grace with grit, her passion with pa- out infringing on the State and local respon- year old daughter, Aimee, had my car. She tience, her pride without arrogance, her sibilities of local law enforcement by pro- had gone to a reunion with high school speed without exhaustion, and her sweat viding accountability and responsibility to friends, and now she was missing. Late that that was enough to start an ocean. If I was States who release their murders, rapists, afternoon Aimee’s body was found in a trash- given the opportunity to trade in all my and child molesters to prey again on the in- strewn lot in the ‘‘badlands’’ of North Phila- present pain in exchange for never being able nocent. delphia. She had been raped and beaten to to say, ‘Aimee was my teammate; Aimee was We have made several modest death. my friend,’ I’d stick with the pain. The mem- Aimee was a wonder, a delight, a brilliant ory of her is so wonderful.’’ changes to address implementation light in my life. With dancing blue eyes and It is impossible to adequately describe the concerns by the states in the effort to a bright, beautiful smile, she drew everyone impact of Aimee’s murder on the countless achieve the best protection possible for who knew her into the web of her life. She people who knew her and loved her. We are our citizens. These include (1) Defini- would light up a room just by walking into all trying to survive the pain and emptiness

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22080 CONGRESSIONAL RECORD—SENATE October 11, 2000 of this great loss. How often I turn to tell serve a second chance. If ‘‘Aimee’s Law’’ is Justice for All, New York, New York. Aimee something silly or dumb when I’m passed in 2000, the States will have strong in- Justice for Murder Victims, San Francisco, watching one of our favorite television centive to reform their parole systems and California. shows, or a basketball or football game, but to keep predators in prison actually for life. Kids In Danger of Sexploitation (K.I.D.S.), she isn’t there. I’m out shopping and I say, If not, they will risk a reduction of federal Orlando, Florida. ‘‘Aimee would look great in that outfit. I’ll funds if their paroled murderers cross state McDowell County Sheriff’s Department, buy if for her.’’ But Aimee will never wear a lines and commit another violent crime. Marion, North Carolina. new outfit again. I will never have the joy of I am asking you, the members of the Sub- Memory of Victims Everywhere (M.O.V.E.), holding Aimee in my arms again, or of seeing Committee on Crime, to support the passage San Juan Capistrano, California. her sparkling blue eyes, freckled nose and of ‘‘Aimee’s Law’’ if you want to stop the National Association of Crime Victims’ bright smile. I will never know the children nightmare or convicted murderers con- Rights, Portland, Oregon. Aimee dreamed of having, or the children tinuing to murder. If this law is passed, our New Mexico Survivors of Homicide, Inc., Aimee dreamed of coaching. streets will be a little safer, some families Albuquerque, New Mexico. I do have wonderful memories of Aimee. will be spared the heartache we have suf- Parents Legal Exchange Alliance, San Her life was wrapped in my love, and mine fered, and Aimee Willard’s name, not the Francisco, California. was wrapped in her love. Because of evil in- name of her killer, will be remembered for- Parents of Murdered Children, Cincinnati, carnate in Arthur Bomar, I now also have ever. Please remember that Aimee has no Ohio. horrible nightmares of the fear, the absolute second chance at life. Parole Watch, New York, New York. terror, Aimee must have known, and of the Thank you. Phoenix Law Enforcement Association, dreadful pain she was forced to endure. I who Phoenix, Arizona. had been with Aimee in every facet of her AIMEE’S LAW Protect Our Children, Cocoa, Florida. Security On Campus, Inc., King of Prussia, life, every event big and small, was not there Protects Americans from convicted mur- Pennsylvania. to protect her from the fear and the pain. I ders, rapists, and child molesters by requir- Speak Out for Stephanie (S.O.S.), Overland never had the chance to say good-bye. This ing states to pay the costs of prosecution and Park, Kansas. despicable individual had condemned me, my incarceration for a previously convicted Survivor Connections, Inc., Cranston, other two children, the rest of our family criminal who travels to another state and Rhode Island. and all of Aimee’s friends who live with an commits a similar violent crime. The pay- Survivors and Victims Empowered ache deep in our hearts. The void can never ment would come from federal law enforce- (S.A.V.E.), Lancaster, Pennsylvania. be filled. The pain of the loss of Aimee is for- ment assistance funds chosen by the state. Survivors of Homicide, Inc., Albuquerque, ever. The legislation is designed to keep violent New Mexico. Aimee’s life was ended on June 20, 1996, a criminals with high recidivism rates in pris- Victims of Crime and Leniency night of total madness. She was kidnaped on for most of their sentences consistent (V.O.C.A.L.), Montgomery, Alabama. from her own car, raped, and then beaten to with the principles of truth in sentencing. The Women’s Coalition, Pasadena, Cali- death—beaten so badly around the head and The federal government needs to be involved fornia. face that she was identified by the Nike to protect the citizens of one state from in- swoosh tattoo on her ankle—beaten so badly appropriate early releases of another state ENDORSEMENTS FROM INDIVIDUALS: that she had an empty heart when she was such as occurred with Aimee Willard from (*INTERSTATE CASES) found. Every pint of blood had spilled from the Philadelphia area, a college senior, who Ms. Gail Willard (PA; mother of Aimee her body. The person who did this to Aimee was kidnapped and brutally raped and mur- Willard, a college student raped and mur- is a convicted felon who was on parole. dered by a man who was released early from dered by a released killer*) Arthur Bomar was released from Nevada’s prison in Nevada. Passed the Senate last Ms. Mary Vincent (WA; survivor of rape/at- prison system after serving only twelve year 81–17; passed the House of Representa- tempted murder in CA; her attacker, re- years of a life sentence for murdering a man. tive 412–15. leased from prison, later killed a mother of three in Florida*) While he was awaiting trial for the murder PARTIAL LIST OF ENDORSEMENTS charge, he shot a woman. While he was in Mr. Fred Goldman (CA; father of Ron Gold- The National Fraternal Order of Police, prison serving time for both these crimes, he man, who was killed in CA along with Nicole Washington, DC. assaulted a woman who was visiting him Simpson) Law Enforcement Alliance of America, there. Despite all these violent crimes, and Mr. Marc Klass (CA; father of Polly, who Falls Church, Virginia. sentences even beyond the life sentence, Ne- was molested and murdered in Nevada by a KlaasKids Foundation, Sausalito, Cali- vada released him after only twelve years. released sex offender) fornia. Ms. Dianne Bauer (AK; daughter of Dr. Did they think he was reformed? All they Childhelp USA, Scottsdale, Arizona. had to do was read his record to know that Lester Bauer, who was murdered in Nevada Kids Safe, Granada Hills, California. by a released murderer*) he wasn’t. A reformed, contrite prisoner sen- Concerned Women for America, Wash- tenced to life doesn’t beat up a woman vis- Ms. Jeremy Brown (NY; survivor of rape; ington, PC. her attacker had served time for murder*) itor. But he was released by Nevada, and he California Correctional Peace Officers As- came to Pennsylvania and murdered my Ms. Trina Easterling (LA; mother of Lorin, sociation (CCPOA), Sacramento, California. an 11 year-old girl abducted, raped, and mur- Aimee. National Rifle Association (N.R.A.), Falls dered, allegedly by Ralph Stogner, who had On October 1, 1998, Arthur Bomar was con- Church, Virginia. served time for raping a pregnant woman*) victed of first degree murder, kidnaping, Doris Tate Crime Victims Bureau, Sac- Mr. Louis Gonzalez (NJ; brother of Ippolito rape and abuse of a corpse. After the jury an- ramento, California. ‘‘Lee’’ Gonzalez, a policeman murdered by a nounced their decision for the death penalty, Mothers Outraged at Molesters Organiza- released killer*) this reformed felon from Nevada raised his tion (M.O.M.s), Independence, Missouri. Ms. Dianne Marzan (TX; mother of daugh- hand with his middle finger extended and Southern States Police Benevolent Asso- ters molested by an HIV-positive, released shouted, ‘‘F - - - you, Mrs. Willard, her broth- ciation, Virginia. sex offender*) er and her sister.’’ Garland, Texas Police Department, Gar- The Pruckmayr family (PA; parents of This kidnapper, rapist and murderer land, Texas. Bettina, brutally stabbed 38 times in our na- should never have been on the street in June Action Americans—Murder Must End Now tion’s Capital by a paroled murderer) of 1996. And Aimee Willard should be teach- (A.A.M.M.E.N.), Marietta, Georgia. Ms. Beckie Walker (TX; wife of TX Police ing and coaching, living and loving, spread- Arizona Professional Police Officers, Asso- Officer Gerald Walker, who was murdered by ing her joy among us. But she isn’t. Her leg- ciation, Phoenix, Arizona. a released double-killer*) acy will live on, however, in scholarship Arizona Voice for Crime Victims, Phoenix, Mr. Ray Wilson (CO; father of Brooklyn funds, aid to those in need, and a beautiful Arizona. Ricks, who was raped and murdered by a re- memorial garden on that lot in the ‘‘bad- Association of Highway Patrolmen of Ari- leased rapist*) lands’’ of North Philadelphia. Her legacy will zona, Tucson, Arizona. live on because of Aimee’s Law, the ‘‘No Sec- California Protective Parents Association, Mr. SANTORUM. In conclusion, ond Chances’’ law proposed by Matt Salmon Sacramento, California. Madam President, I thank Senator from Arizona and co-sponsored by Curt Christy Ann Fornoff Foundation, Mesa, Ar- BROWNBACK for his great work and per- Weldon from Pennsylvania and many other izona. severance in bringing this crime-fight- Congressmen and Senators. Citizens and Victims for Justice Reform, ing package to the Senate to pass it Our entire justice system, as I see it, cries Louisville, Kentucky. out for reform. Our system lacks real truth Concerns of Police Survivors (C.O.P.S.), and turn it into law quickly. Aimee’s in sentencing. Life in prison does not mean Missouri. law was debated and considered here in life. Murderers are returned to the streets to International Children’s Rights Resource the Senate during this session of Con- murder again. Willful murderers do not de- Center, Washington. gress. It passed 81–17. It has passed the

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22081 House with over 400 votes. It is a provi- from prison who has not served 85 per- killed as well, regardless of what the sion that has very broad support. It is cent of their sentence, or has served a arguments are. I plead with colleagues one of the No. 1 legislative provisions sentence below the national average and say let’s look at this and go ahead that the victims rights organizations for the crimes that we enumerate, and and support the entire package and not in America would like to see done. that person goes out and commits a support the motion to strike the This is a piece of legislation that tar- crime in another State, then the State Aimee’s law provision. gets three types of offenders—mur- in which the person has committed the Mr. BROWNBACK. Thank you, derers, rapists, and sex offenders, child second crime—the released felon com- Madam President. molesters in particular. What this does mits a second crime—then it has a I reserve the remainder of my time. is focus on those three because, obvi- right to go to the original State who The PRESIDING OFFICER. Who ously, they are three of the most hei- let this person out early and seek com- yields time? nous crimes on the books, but they are pensation for all the costs associated Mr. BROWNBACK. Madam President, also crimes that have the highest inci- with the prosecution, conviction, and I suggest the absence of a quorum. dence of repeat offenders, particularly incarceration of that criminal. The PRESIDING OFFICER. The the sexual crimes. That hardly seems like the over- clerk will call the roll. Aimee’s law is given that name for bearing Federal Government dictating The assistant legislative clerk pro- Aimee Willard. She was a college stu- to States how to run their criminal ceeded to call the roll. Mr. BROWNBACK. Madam President, dent outside of Philadelphia who was justice system. These are Federal I ask unanimous consent that the order raped and murdered by Arthur Bomar. funds. States can choose which Federal for the quorum call be rescinded. Arthur Bomar was released from a Ne- funds they can allocate for this pur- The PRESIDING OFFICER. Without vada prison after serving only a small pose. But what it says is we need to get objection, it is so ordered. fraction of his sentence for a similar tougher in having tougher sentences Mr. BROWNBACK. Madam President, crime. He was released, and within a and making sure that those sentences, off whose time is the quorum call few months he found his way to Phila- when given, are served. charged? delphia, where Aimee was out one I don’t believe that is too much to The PRESIDING OFFICER. It is the evening. She was attacked, raped, and ask for this Congress, and I very understanding of the Chair that, under murdered. It was a case that sent strongly urge my colleagues to support the previous order, all quorum calls are shockwaves through southeastern this measure, and recognize that if this being charged today to both sides Pennsylvania and the whole Delaware measure is not supported this bill will equally. Valley. Aimee’s mother, Gail, has been be dead and will have to start over Mr. BROWNBACK. I note for the on a crusade since then to do some- again in the House of Representatives. record, as we put it in, it was charged thing to make sure convicted rapists The PRESIDING OFFICER. The Sen- against all sides equally because there and murderers and other sex offenders ator from Kansas is recognized. are four people who have separate al- serve their full sentences. Mr. BROWNBACK. Madam President, lotted time. It should be allocated If you look at the sentences that are I yield myself 3 minutes. I want to rec- equally to all of those. meted out for these crimes, it is some- ognize the leadership of my colleague The PRESIDING OFFICER. The Sen- what chilling to realize that if you from Pennsylvania, Senator SANTORUM, ator’s understanding is correct. It will look at the sentences that are served in this provision. This is something he be so allocated. for murder, for example, the average fought for to put in this overall pack- Mr. BROWNBACK. Madam President, sentence for murder is 8 years. The av- age, to keep in this overall package, I note that we are planning on a vote 1 erage sentence for rape is 5 ⁄2 years. and it was something when we started at 4:30. Senator THOMPSON has the time This is the actual time they serve, and down this road, frankly, I was saying I reserved from 3:30 to 4:30. I note for my the actual time served for a sex or want a little, clean, simple bill to deal colleagues that if anybody wishes to child molestation offense is 4 years. with sex trafficking. And several Mem- speak on this particular bill, Senator We believe that you have a high inci- bers on the House side, and Senator THOMPSON has an entire hour reserved. dence of recidivism in these crimes, SANTORUM on this side, fought to put Under the unanimous consent order, we and people need to serve longer sen- this in. immediately go to both votes—the vote tences so they are not a threat to our The more I studied this, the consist- on the appeal of the ruling of the Chair communities. In fact, more than 14,000 ency of the flow was there with this. for Senator THOMPSON, and imme- murders, rapes, and sexual assaults on This is dealing with trying to protect diately we will go to a vote on final children are committed each year by people who have been subject to domes- passage of the conference report. felons who had been released after serv- tic crimes, domestic violence, to pro- If anybody seeks to speak on this ing a sentence on one of those very tect people who have been subject to bill, they should do so at the present same crimes. So 14,000 of these crimes trafficking and protect people who time because otherwise it will be allo- are committed by people who have have been subject to, frankly, early re- cated to Senator THOMPSON. committed these crimes in the past, lease and high recidivism offenders in I will use a couple of minutes of my who were let go to commit a crime other States, such as what happened, time at this point. I note that within again. unfortunately, in his State in the case the bill there is the Justice for Victims What we believe and what we have of Aimee Willard. of Terrorism Act that has been spoken suggested is, frankly, very modest. It is I applaud my colleague’s work. I note of by Senator LAUTENBERG and Senator modest in the sense that it is, I argue, one other thing. Other colleagues look MACK, which seeks justice for victims even for those 81 Senators who voted at this and raise questions about does of terrorism that is taking place. That for this legislation the last time this really fit within the overall pack- is in the bill. I think it is an important around—and some expressed concern age, and one can make their decision part of the legislation. I hope we will that this was going to be too tough on one way or the other. But the point is, have some discussion taking place on the States—not as tough as it was be- if this is pulled out, the bill has to go that as well. fore. We have changed it in ways that back to the House. We don’t have time, I yield the floor. I suggest the ab- have made it a little less onerous on so it effectively kills the bill. The sence of a quorum. States to have to keep up with these House has already voted 371–1 for this The PRESIDING OFFICER (Mr. provisions. We tightened the defini- package. It is a package and if this gets CRAPO). The clerk will call the roll. tions more. We created flexibility for pulled out, it has to go back to the The legislative clerk proceeded to the States for them to choose which House. The House is going out on Fri- call the roll. funds they would use. day for a funeral of one of its Members. Mr. BIDEN. Mr. President, I ask This is basically what this proposal Tomorrow, it has its calendar set up. It unanimous consent that the order for does. It says if you release someone kills the bill, so everything else gets the quorum call be rescinded.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22082 CONGRESSIONAL RECORD—SENATE October 11, 2000 The PRESIDING OFFICER. Without piece of legislation in that conference, ment orders. Simply stated, that objection, it is so ordered. knowing that it might very well jeop- means if a woman in the State of Mr. BIDEN. Mr. President, par- ardize the passage of the legislation we Maryland goes to court and says, ‘‘This liamentary inquiry: How much time, if were discussing. And it is worthy legis- man is harassing me,’’ or ‘‘He has beat- any, is under the control of the Sen- lation. I am a cosponsor. I can think of en me,’’ or ‘‘He has hurt me,’’ and the ator from Delaware? nothing—obviously, you would expect court says that man must stay away The PRESIDING OFFICER. Seven me to say that, being the author of this from that woman and cannot get with- minutes 48 seconds. legislation—I can think of nothing of in a quarter mile—or whatever the re- Mr. BIDEN. I ask the ranking mem- more consequence to the women of striction is—and if he does, he will go ber whether or not he is willing to America and the children of America to jail, that is a protection order, a yield additional time if I need it? than our continuing the fight—and I stay away order. Mr. LEAHY. How much time do I am sure my friend from Minnesota What happens in many cases when have? agrees with me—regarding violence that woman crosses the line into the The PRESIDING OFFICER. The Sen- against women. State of Delaware or into the State of ator has 6 minutes. I thank Senator HATCH for working Pennsylvania or into the District of Mr. LEAHY. I yield the 6 minutes to so hard with me to pass this legisla- Columbia and that man follows her, the Senator from Delaware. tion. This legislation was not a very the court in that district does not en- Mr. BIDEN. Mr. President, what a popular idea on the other side of the force the stay away order from the difference a year makes. Last year, I aisle 8 years ago when we wrote this, other State for a number of reasons: came to the floor and indicated I and 6 years ago when we got close to One, they don’t have computers that thought in light of the resistance tak- passing it, and 5 years ago when we they can access and find out whether ing place regarding the Violence passed it. Senator HATCH stood up and there is such an order; two, they are Against Women Act and its reauthor- led the way on the Republican side. blase about it; or three, they will not ization and the Violence Against And I thank my Republican colleagues, give full faith and credit to it. Women II Act, it would be a tough about 25 of whom—maybe more now— This creates a development and en- fight to renew and strengthen the Vio- cosponsored it. I attribute that to Sen- hancement of data collection and shar- lence Against Women Act. Thanks to ator HATCH’s leadership, and I thank ing system to promote tracking and the help and support of a number of him for that. enforcement of these orders. Big deal. folks in and out of this Senate—from This legislation is very important. I Second, transition housing. This is a attorneys general in the various will try as briefly as I can to state why change. We have found that we have States, to police, to victims advocates, it is important. provided housing for thousands and doctors, nurses, Governors, women’s First of all, it reauthorizes the Vio- thousands and thousands of women groups—I am proud to say we finally lence Against Women Act of 1994, re- who have gotten themselves into a di- arrived at a point where the Violence ferred to as landmark legislation. I be- lemma where they are victimized but Against Women Act 2000 is on the verge lieve it is landmark legislation. It is have no place to go. So we, all of us in of passing the Senate as part of the sex the beginning of the end of the attitude the Congress, have provided moneys for trafficking conference report. in America that a woman is the posses- building credible and decent and clean I thank particularly my good friend sion of a man, that a woman is, in fact, shelters, homes for women where they from Minnesota. Since he has arrived subject to a man’s control even if that can bring their children. in the Senate, he has been the single requires ‘‘physical force.’’ This clearly I might note parenthetically the ma- strongest supporter I have had. Along states, and we stated it for the first jority of children who are homeless, on with his wife, who is incredible, she has time on record in 1994, that no man has the street, are there because their been the single most significant out- a right under any circumstance other mothers are the victim of abuse and side advocate for the Violence Against than self-defense to raise his hand to or have no place to go. So they end up on Women Act in everything that sur- to use any physical force against a the street. We are rectifying that. rounds and involves it. woman for any reason at all other than We found out there is a problem. I dealt him a bit of advice. When I self-defense. There is a problem because there are went to a conference on a bill he was One might think: Big deal; we all more people trying to get into this working very mightily for, along with knew that. No, we didn’t all know that. emergency housing and there is no our friend and Republican colleague, It has begun to shape societal atti- place for some of these women to go be- the sex trafficking bill, which is a very tudes. What has happened is that we tween the emergency housing—and important bill in and of itself—by itself have seen a decline of 21 percent in the they can’t go back to their homes—and it is important—if we were doing noth- violent acts committed by significant having decent housing. So we provide ing else but passing that legislation others against their spouses and/or for a transition, some money for tran- that he and Senator BROWNBACK have girlfriends and/or mate. That is a big sition housing. In the interest of time, worked so hard on, it would be a wor- deal. What happens if we don’t pass I will not go into detail about it. thy day, a worthy endeavor for the this today? The Violence Against Third, we change what we call incor- Senate and the U.S. Government. Women Act goes out of existence. It is porating dating violence into the pur- I realize people watching this on C– no longer authorized. So this is a big poses that this act covers, where there SPAN get confused when we use the deal, a big, big deal. is a pro-arrest policy, where there are ‘‘Senate speak.’’ We talk of conferences No. 2, I promised when I wrote this child abuse enforcement grants, et and conference reports and various legislation in 1994 that, after seeing it cetera. The way the law was written types of legislation. The bottom line is, in operation, I would not be wedded to the first time, an unintended con- I was part of that agreement where we its continuation if it wasn’t working, sequence of what I did when I wrote the sat down with House Members and Sen- and that I would propose, along with law is, a woman ended up having to ate Members to talk about the sex traf- others, things that would enhance the have an extended relationship with the ficking legislation. I didn’t surprise legislation. That is, places where there man who was victimizing her in order him—I told him ahead of time, but I were deficiencies we would change the to qualify for these services. That is an am sure I created some concern—by at- law and places where the law in place oversimplification, but that is the es- tempting to add the Violence Against was useless or counterproductive, we sence. If a woman was a victim of date Women Act to that legislation. We ul- would eliminate that provision of the rape, the first or second time she went timately did. law. We have kept that promise. out with a man of whom she was a vic- It is the first time in the 28 years I This legislation does a number of tim, she did not qualify under the law have been in the Senate that I have things. It makes improvements in what for those purposes. Now that person gone to a conference and added a major we call full faith and credit of enforce- would qualify.

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We also provide legal assistance for member, Senator LEAHY, for his con- Domestic violence has been on a victims of domestic violence and sex- stant support of my efforts to bring steady decline in recent years. U.S. De- ual harassment. We set aside some of this bill to a vote, and my friends in partment of Justice statistics show a the money in the Violence Against the House, Representatives JOHN CON- 21 percent drop since 1993. Women Act, hopefully through the YERS, ranking member of the House Ju- Why? trust fund which, hopefully, the Pre- diciary Committee, and CONNIE From Alabama to Alaska—New siding Officer will insist on being part MORELLA, for their leadership on this Hampshire to New Mexico—Michigan of this. We provide for women getting important legislation. to Maine—California to Kentucky— help through that system. We provide The need for this law is as clear Delaware to Utah—police, prosecutors, for safe havens for children, pilot pro- today as it was more than a decade ago judges, victims’ advocates, hospitals, grams. when I first focused on the problem of corporations, and attorneys are pro- As my friend from Minnesota knows, domestic violence and sexual assault. viding a seamless network of ‘‘coordi- most of the time when a woman gets Consider this: In my state of Dela- nated response teams’’ to provide vic- shot or killed in a domestic exchange, ware, I regret to report that more than tims and their children the services it is when she is literally dropping off 30 women and children have been killed they need to escape the violence—and a child at the end of the weekend. That in domestic violence-related homicides stay alive. is when the violence occurs. So we pro- in the past three years. In National City, California, family vide the ability for the child to be No area or income-bracket has es- violence response team counselors go dropped off in a safe place, under super- caped this violence. To stop domestic directly to the scenes of domestic vio- vised care—the father leaves, and then violence beatings from escalating into lence cases with police. Violence Against Women Act funds the mother comes and picks the child violent deaths, more than one thou- have facilitated changes from simple, up and regains custody—because we sand police officers throughout Dela- common sense reforms—such as stand- find simple, little things make big, ware—in large cities and small, rural ardized police reporting forms to docu- giant differences in safety for women. towns alike—have received specialized ment the abuse . . . to more innovative This also provides pilot programs relat- training to deal with such cases. programs, such as the Tri-State Do- ing to visitation and exchange. Every State in this country now has mestic Violence Project involving We put in protective orders for the similar police training, and the Vio- North Dakota, Montana, and Wyoming. protection of disabled women from do- lence Against Women Act is providing This project includes getting the word mestic violence. Also, the role of the the necessary funding. out to everyone from clergy to hair- court in combating violence against To ensure these officers collect evi- dressers to teachers—anyone who is women engages State courts in fight- dence that will stand up in court, they likely to come into contact with a do- ing violence by setting aside funds in are being armed with state-of-the-art mestic violence victims—so that they one of the grant programs. instant cameras and video cameras. And we provided a domestic violence The Violence Against Women Act is can direct victims to needed housing, task force. We also provide standards, providing the necessary funding for legal, and medical services. And the practices, and training for sexual fo- these cameras—nationwide. services and protections are offered rensic examinations which we have The National Domestic Violence Hot- across State lines. Such coordinated projects have dif- been doing in my State, and other line handles 13,000 calls from victims ferent names in different States—in Or- States have done, but nationwide they per month and has fielded over half a egon, they have domestic violence are not being done. So much loss of po- million calls since its inception. The Violence Against Women Act is pro- intervention teams. tential evidence is found when the In Vermont they have ‘‘PAVE.’’ The viding the necessary funding. woman comes back into court because Project Against Violent Encounters. We are also working hard to create they did not collect the necessary evi- Washington State has developed an army of attorneys nationwide who dence at the time the abuse took place. ‘‘Project SAFER’’—which links attor- have volunteered to provide free legal Also, maybe the single most impor- neys with victims at battered women services to victims—from filing a pro- tant provision we add to the Violence shelters to ‘‘Stop Abuse and Fear by tection order, to divorce and custody Against Women Act is the battered im- Exercising Rights.’’ migrant women provision. This matters. But many, many more women In Washington, D.C. they formed strengthens and refines the protections need legal assistance. The Violence Women Empowered Against Violence— for battered immigrant women in the Against Women Act of 2000, which is known as WEAVE—which provides a original act and eliminates the unin- before us today, authorizes and pro- total package for victims, from legal tended consequence of subsequent vides the necessary funding to help vic- assistance to counseling to case man- charges in immigration law to ensure tims of domestic violence, stalking, agement through the courts. that abused women living in the United and sexual assault obtain legal assist- Utah has developed the ‘‘CAUSE’’ States with immigrant victims are ance at little to no cost. project, or the Coalition of Advocates brought to justice and the battered im- Don’t take my word for the need for for Utah Survivors’ Empowerment. It migrants also escape abuse without this legislation. You have heard from is a statewide, nonprofit organization being subject to other penalties. folks in your states. Listen to their that has created a system of commu- There is much more to say. stories and the programs they’ve put nity support for sexual assault sur- We have worked hard together over into place over the past five years since vivors. the past year to produce a strong, bi- we passed the Violence Against Women In Kansas, they’ve funded a program partisan bill that has gained the over- Act in 1994—with overwhelming bipar- called ‘‘Circuit Riders,’’ who are advo- whelming support of the Senate—with tisan support. cates and attorneys who travel to rural a total of 74 cosponsors. All of my Unless we act now—and renew our parts of the State to fill the gaps in Democratic colleagues are cosponsors, commitment to stopping violence service. along with 28 of my Republican friends. against women and children—our ef- Different names for these programs Passage of this bill today would not forts and successes over the past five but the same funding source and inspi- have been possible without the effort years will come to a screeching halt. ration—the Violence Against Women and commitment of the chairman of The Violence Against Women Act ex- Act. the Judiciary Committee, my friend pired September 30. Experience with the act has also ORRIN HATCH, who has dedicated years If the funding dries up—make no mis- shown us that we need to strengthen to addressing the scourge of violence take—the number of domestic violence enforcement of protection from abuse against women. cases and the number of women killed orders across state lines. I also want to take this opportunity by their husbands or boyfriends who Candidly, a protection from abuse to thank our committee’s ranking profess to ‘‘love’’ them—will increase. order is just one part of the solution. A

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22084 CONGRESSIONAL RECORD—SENATE October 11, 2000 piece of paper will not stop a deter- Women, Inc.—an organization that as- Now, where did he learn that? mined abuser with a fist, knife, or gun. sists victims of domestic violence. This That prosecutor not only had a vic- But look at what states like New program, which includes a hotline, tim in her office. She had a future do- York and Georgia are doing to make it counselors, and a shelter, is heavily mestic violence abuser. easier—and less intimidating—for funded by the Violence Against Women But states are not giving up on these women to file for a protection from Act. It provided a way out for Phyllis kids. For example, in Pasco County, abuse order. and her children, whose lives were in Florida the Sheriff’s Office has devel- They have implemented a completely grave danger. oped a special program just to focus on confidential system for a victim to file Battered Women, Inc. also helped the children in homes with domestic for a protection from abuse order with- Phyllis get her GED and she is now violence. out ever having to walk into a court- working as an advocate for other bat- It’s called KIDS, which stands for room. tered women. She says that without Kids in Domestic Situations. The sher- It is all on-line over the internet. this program, she never would have iff hired four new detectives, a super- After the victim answers a series of known that the option to live without visor, and a clerk. They review every questions and describes the abuse, the abuse existed. domestic violence call to see if a child information is deleted once trans- States with large Indian reserva- lives in the home. They are specially mitted to the court—with no informa- tions—such as California and Nevada— trained to interview that child and get tion stored electronically. have formed Inter-Tribal Councils so him or her the needed counseling—to This project is part of specialized do- that Native American women no longer break the cycle of violence. mestic violence courts established in have to suffer in silence at the hands of Unfortunately, the abuse does not many states—where one judge handles their violent abusers. One victim in stop for women once they are di- the entire case—from protection or- California writes: vorced—particularly when the father ders, to divorce, custody, and probation If it were not for the Inter-Tribal Council’s uses the children to continue the har- issues. efforts, I would be dead, homeless or living in assment. All too often, Kids caught in The Center for Court Innovation is my car, with my children hungry. the crossfire of a divorce and custody working with the New York courts to In California, the Inter-Tribal Coun- battle need safe havens. develop customized computer tech- cil has reached out to Native American One woman in Colorado had to con- nology that will link the courts, police, communities to establish the ‘‘Stop front her former husband and abuser at probation officers, and social service and Take Responsibility’’ program. her son’s soccer games—to exchange agencies—so that everyone is on the First, and foremost, this program is custody for the weekend. She had to same page, and knows exactly what’s about education—educating Native endure continued mental and emo- happening with a domestic violence American men that hitting your spouse tional abuse, putting herself in phys- case. is a serious crime, and educating moth- ical harms-way. Finally a visitation We need to take this technology na- ers, wives, sisters, and daughters—that center opened. Now she drops off her tionwide. And the Violence Against no man has a right to lay a hand on son into the hands of trained staff in a Women Act of 2000 before us today will them. secure environment. provide funding to states for such tech- This past May, the shooting of Barry In Hawaii, Violence Against Women nology. and not all our solutions are Grunnow, an English teacher in Lake Act funding has allowed officials to high-tech. Worth, Florida—by a seventh grade open three new visitation centers in To help victims enforce protection honor roll student named Nathaniel the island’s most rural counties. orders, states and cities across this Brazil—shocked the nation. The Violence Against Women Act of country have teamed up with the cel- Recently, Lake Worth police released 2000 adds new funding for safe havens lular phone industry to arm victims reports showing a history of domestic for children to provide supervised visi- with cell phones. violence in the Brazil home. tation and safe visitation exchange in In my state of Delaware, I spear- As the Palm Beach Post wrote re- situations involving domestic violence, headed a drive to collect two thousand cently in an editorial— child abuse, sexual assault, or stalking. used cell phones, so that every person While violence in the home can hardly be Of course, there are also the battered with a protection from abuse order can directly blamed for the tragic shooting . . . women’s shelters. Over the past five get a cell phone programmed to auto- this case does demonstrate the way in which years, every State in this country has matically dial 9-1-1 if the abuser shows domestic violence affects society at large, received funding to open new and ex- how violence in the home increased the like- pand existing shelters. Two thousand up at her house, place of work, at the lihood for violence in the surrounding com- school yard when she picks up her munity. It is about time that we push for bi- shelters in this country now benefit child, the bus stop or the grocery store. partisan Violence Against Women Act Reau- from this funding. Commonsense solutions—all sparked thorization in Congress to combat domestic In my State of Delaware we have in- by the Violence Against Women Act violence and its horrible consequences. creased the number of shelters from this body passed overwhelmingly in And if any of you doubt the link be- two to five, including one solely for 1994. tween children growing up in a home Hispanic women. Again, listen to the voices of victims watching their mother get the living For as much as we’ve done, so much we have helped. hell beat out of her—and that child more is needed. Our bipartisan Biden- Phyllis Lee from Tennessee says she growing up to be violent as well, con- Hatch bill increases funding for tens of is alive today thanks to the battered sider this recent case two months ago thousands of more shelter beds. It also women shelter in Dayton. Without it, in San Diego. establishes transitional housing serv- she is certain her abusive husband A prosecutor was in her office, inter- ices to help victims move from shelters would have killed her with his violent viewing a mother who was pressing back into the community. beatings. After enduring 17 years of charges against her husband after suf- And let’s not forget the plight of bat- torturous abuse, including severe beat- fering years of abuse. As the ques- tered immigrant women, caught be- ings to her head and body, rape, and tioning stretched on, the woman’s 8- tween their desperate desire to flee the withholding of needed medical year-old son grew restless. their abusers and their desperate desire care, Phyllis finally escaped. Just as little kids do—the boy tugged to remain in the United States. A After a particularly severe beating, at his mother’s sleeve, saying, ‘‘Let’s young Mexican woman who married she hid in the woods for 20 hours, para- go. I’m hungry . . . can we leave yet.’’ her husband at the age of 16 and moved lyzed with fear that her husband would He became even more agitated and to the United States suffered years of find her. She crawled to a nearby farm- said: ‘‘Come on, Mom, I want to go.’’ physical abuse and rape—she was lit- house and asked for help. Finally, the 8-year-old boy shouted: erally locked in her own home like a With the help of the woman who ‘‘I’m talking to you?’’ Then, he curled prisoner. Her husband threatened de- lived there, she contacted Battered up his fist and punched her. portation if she ever told police or left

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22085 the house. When she finally escaped to women is no longer regarded as a pri- real impact in the lives of tens of thou- the Houston Area Women’s Center in vate misfortune, but is recognized as sands of women and children. You see Texas, she was near death. the serious crime and public disgrace it and hear the stories when you’re That shelter gave her a safe place to that it is. We have made great strides back home. live, and provided her the legal services to putting an end to the days when vic- So let us today pass the bipartisan she needed to become a citizens and get tims are victimized twice—first by Biden-Hatch Violence Against Women a divorce. their abuser, then by the emergency re- Act now, and renew our national com- Our bipartisan bill expands upon the sponse and criminal justice systems. mitment to end domestic violence. protections for battered immigrant We are making headway. Mr. President, I am happy now to women. I have given you plenty of examples, yield the floor. Thanks to nurses and emergency but there are hundreds more. Mr. LEAHY. May I have 30 seconds of room doctors across this country—we In addition to the battered women’s the time I yielded to the Senator? have made great strides in helping vic- shelters, the STOP grants, the Na- Mr. BIDEN. Yes. tims who show up at the emergency tional Domestic Violence Hotline, and Mr. LEAHY. I will speak more on room, claiming they ran into a door or other grant programs I have men- this in another venue, but I think it is fell down the stairs. tioned, the Biden-Hatch Violence safe to say VAWA would not be voted The Kentucky General Assembly has Against Women Act of 2000 reauthor- on today had it not been for the per- made it mandatory for health profes- izes for five years the Pro-Arrest sistence of the Senator from Delaware. sionals in emergency rooms to receive grants, Rural Domestic Violence and That persistence is something the pub- three hours of domestic violence train- Child Abuse Enforcement grants, cam- lic has not seen as much as those of us ing. pus grants, the rape prevention and who have been in private meetings The National Hospital Accreditation education grant program, and three with him, where his muscle really Board is encouraging all hospitals to victims of child abuse programs, in- counted. We would not have this vote follow Kentucky’s lead. The SANE program, sexual assault cluding the court-appointed special ad- today, and I suspect it will be an over- nurse examiners, are truly angels to vocate program (CASA). whelmingly supportive vote—that vote victims. They are specially trained to So, let us act now to pass the Biden- would not have been today were it not work with police to collect needed evi- Hatch bill. for the total and complete persistence dence in a way that is sensitive and There is one thing missing, I must of the Senator from Delaware, just as comforting to victims. point out, from this legislation. Unfor- the vote on sex trafficking is to the The Violence Against Women Act of tunately, the conference report does credit of the Senators from Kansas and 2000 facilitates these efforts by ensur- not extend the Violent Crime Reduc- Minnesota. ing that STOP grants can be used for tion Trust Fund that would guarantee Mr. BIDEN. Mr. President, I thank training on how to conduct rape exams the funding for another five years—so my colleague for that. The beginning of and how to collect, preserve, and ana- that these innovative, effective my comments was a polite way of lyze the evidence for trial. projects can continue. apologizing for my being so persistent. Finally, I am very pleased to report, I believe that extending the trust I have been here 28 years. I have never this legislation expands grants under fund is critical. Remember, none of threatened a filibuster. I have never the Violence Against Women Act to this costs a single dime in new taxes. threatened to hold up legislation. I states, local governments, tribal gov- It’s all paid for by reducing the federal have never once stopped the business ernments, and universities to cover vi- government by some 300,000 employees. on the floor—not that that is not every olence that arises in dating relation- The paycheck that was going to a bu- Senator’s right. I have never done that. ships. Hopefully, this important change reaucrat is now going into the trust I care so much about this legislation will help prevent tragedies like the fund. So I will continue to work to ex- that I was prepared to do whatever it death of Cassie Diehl, a 17-year-old tend the trust fund to ensure that would take. I apologize for being so high school senior from Idaho, killed these programs actually receive the pushy about it. But there is nothing I by a boyfriend who left her for dead funding we have authorized. have done in 28 years that I feel more after the truck he was driving plunged Let me just close by saying that it strongly about than this. I apologize to 400 feet of a mountain road. has been a tough fight over the past 22 my friends for my being so persistent. What is especially tragic about this months to get my colleagues on both The PRESIDING OFFICER. The Sen- story is the great lengths to which sides of the aisle to focus on the need ator from Minnesota. Cassie’s parents went, before her death, to reauthorize the Violence Against Mr. WELLSTONE. I know my col- to seek help from local law enforce- Women Act. But we have finally done league, Senator BROWNBACK, wants to ment agencies and local prosecutors in it. speak as well. Let me thank Senator putting an end to the boyfriend’s con- I greatly appreciate the support, BIDEN for his great leadership as well. stant abuse of their child, even seeking daily phone calls, letters, and e-mails We are very proud we were able to a protection order from a judge. All of of so many groups—who are the real work this out and do trafficking and these efforts failed because Cassie was reason we have been able to get this the reauthorization for the Violence a teenager involved in an abusive dat- done this year. The National Associa- Against Women Act together. Let me ing relationship. Law enforcement offi- tion of Attorneys General, every law thank him for safe visas. He was kind cials believed that because Cassie was enforcement organization, all the enough to mention my wife Sheila. a 17-year-old high school student living many women’s groups, the National That was really an initiative on which at home she could not be abused by a and 50 individual State Coalitions she has been working. I was so pleased boyfriend, that she was not entitled to Against Domestic Violence, the Amer- to see that in this bill. protection under the law. ican Medical Association, the National Let me also say to my colleague, as The legislation we will vote on today Governors Association, nurses, the list much as I appreciate the work of the will help avoid future horror stories goes on and on—more than 150 groups Senator from Tennessee, I want to like Cassie’s by providing training for total. make the point that this is not about law enforcement officers and prosecu- If you’ll allow me one more point of the rule 28 scope of conference. I think tors to better identify and respond to personal privilege, this act—the Vio- the Chair will rule against my col- violence that arises in dating relation- lence Against Women Act—is my single league from Tennessee. I think the ships and by expanding victim services greatest legislative accomplishment in Chair will rule against him with jus- programs to reach these frequently my nearly 28 years in the United tification. young victims. States Senate. Most importantly, I want colleagues Thanks in part to the landmark law Why? Because just from the few ex- to know the majority of you voted for we passed in 1994, violence against amples provided above—it’s having a Aimee’s law. I voted against it. But if

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22086 CONGRESSIONAL RECORD—SENATE October 11, 2000 the Senator from Tennessee should The PRESIDING OFFICER. The Sen- that causes us problems, and that is, succeed—I know this is not his inten- ator’s point of order is not well taken. we are set up with a Federal system. tion—that is the end of this conference Mr. THOMPSON. Mr. President, I ap- Every kid learns in school that we report, that is the end of this legisla- peal the ruling of the Chair and ask for have a system of checks and balances, tion on trafficking, that is the end of the yeas and nays. one branch against another, also Fed- reauthorization of VAWA, and it would The PRESIDING OFFICER. Is there a eral versus State and local law. It is a be a tragic, terrible mistake. sufficient second? diffusion of power. It is time honored. I hope colleagues will continue to There appears to be a sufficient sec- It is in the Constitution. It is in the support it. I yield. ond. 10th amendment. Some things the The PRESIDING OFFICER. The Sen- The yeas and nays were ordered. States do and some things the Federal ator from Kansas. The PRESIDING OFFICER. The Sen- Government does. Mr. BROWNBACK. Mr. President, I ator controls 1 hour of debate. The If we do not believe in that anymore, note the hour of 3:30 approaches. Sen- Senator from Tennessee is recognized if we are going to say every time there ator THOMPSON has a lot of time. for 1 hour. is some tragic circumstance, such as If we are able to pass this legislation Mr. THOMPSON. I thank the Chair. the drive-by shootings in 1992—we fed- today, we still have a hurdle left to go. Mr. President, I thank my colleagues eralized the crime of drive-by shoot- This is a major victory for women and for the manner in which this has been ings. In 1997, there was not one Federal children subject to violence here and handled and the opportunity this af- prosecution for drive-by shootings, but abroad. This is a major piece of legisla- fords me to make the statement I am yet it was in the headlines, and we tion for us to be able to pass through going to make today. could not help ourselves because we this body. It is late in the session. We This is an objection to the conference wanted to express our outrage at this are already past the time scheduled for report. There are many good things in crime that was being taken care of at adjournment. To be able to get this this conference report. Unfortunately, the State level. legislation passed at this time is a sig- Aimee’s law is a part of it. I prefer to No one has ever accused these States nificant accomplishment. The Senator have the consideration of that inde- with high-profile crimes of not jumping from Delaware pushed aggressively and pendently, separate and apart from the in and taking care of the situation, hard on VAWA, as a number of people conference report, but that is not to be. sometimes imposing the death penalty. did on other items. Historically, of course, Aimee’s law You cannot do much more than that. This is a good day, a great day for did pass as a part of a much larger bill, Yet we feel the necessity to pass Fed- the Senate to stand up and do some of the juvenile justice bill, some time ago eral laws that will ultimately create a the best work we can to protect those but was never signed into law. When I Federal police force to do things we who are the least protected in our soci- voiced my objection to it at that point, have left to the purview of the States ety, to speak out for those who are the it was put into this conference report. for 200 years. That is a serious matter. least protected here and around the I cannot let it go without raising my Nobody wants to vote against some- world. objection to something that I think thing called Aimee’s law as a result of This is a great day for this country, has to do with an important principle. a tragedy of some young woman get- and it is a great day for this body. It is very unfortunate, when we have I am pleased we are wrapping up this ting killed, for goodness’ sake. Unfor- tragic circumstances that happen in portion of the debate. I think we have tunately, it happens all across this this country, such as young people had a good discussion. We will have the country all the time. But we have being killed, all the violence and abuse vote on the appealing of the point of greater responsibilities when we take that goes on in this country, we take order by the Chair. I plead with my col- the oath of the office we hold. We are that and use the emotionalism from it leagues, with all due respect to my col- supposed to uphold the Constitution. Is to make bad law. league from Tennessee, to vote against the relationship between the State and I do not think anybody within the my colleague from Tennessee so we can Federal Government the one we stud- sound of my voice can accuse me of proceed to pass this important legisla- ied in school, the one the courts tell us being soft on crime. I ran in 1994 on tion. is still in effect, and, more fundamen- I yield the floor. that issue. I ran again in 1996 on that tally, do we need States anymore? The PRESIDING OFFICER. The Sen- issue. My position is clear. But my po- States do not behave the way we want ator from Minnesota. sition is also clear that we are con- them to sometimes. States do not do Mr. WELLSTONE. Mr. President, if I tinuing the trend toward the cen- what the Federal Government wants have 20 seconds, with the indulgence of tralization of decisionmaking in this them to do. States do different things. my colleague from Tennessee, I thank country. In other words, if we do not People in Tennessee might not look Senator BROWNBACK again. I also thank like what a State is doing with regard at something exactly the same way a whole lot of people, a whole lot of to its criminal laws, we tend to find a people in New York might look at it. human rights organizations, women’s way around it. People in New York might not look at organizations, grassroots organiza- I do not like the idea that some something the same way people in tions, religious organizations, who States let prisoners out sooner than California do. We have certain basic have been there for the bill, organiza- they should, but if we really do not things on which we agree in our Fed- tions of others who have really worked like that and we really do not have any eral Constitution, but the Founding hard for reauthorization of the Vio- concerns about taking over the crimi- Fathers gave us leeway to experiment. lence Against Women Act. Thank you nal jurisdiction in this country, things Nobody I know of inside Washington, for your grassroots work. that have been under the purview of DC, has the answers to all these prob- I yield the floor and thank my col- States for 200 years, why don’t we just lems. We all have the same motivation: league from Tennessee. pass a Federal law using the commerce No one wants crime, no one wants The PRESIDING OFFICER. Under clause and state that it affects inter- these terrible tragedies, but we cer- the previous order, the Senator from state commerce? tainly do not have a monopoly on what Tennessee is recognized to make a Perhaps the Supreme Court will to do about it. That is why we have point of order against the conference allow it; maybe they will not. Why States to experiment, to do different report. The Senator from Tennessee. don’t we just pass a Federal law on things. Mr. THOMPSON. Mr. President, I murder? Why don’t we just have a Fed- Too often, under the glare of the make a point of order that the con- eral law that says anyone convicted of headlines, we want one solution; we ferees included matters not in the ju- murder has to serve so much time and want one answer; we want one Federal risdiction of the Foreign Relations just get on with it? Even the people answer with our name on the legisla- Committee. I am referring specifically pushing things such as Aimee’s law ap- tion so we ‘‘did something’’ about some to Aimee’s law. parently recognize there is a principle tragic murder that happened in one of

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22087 the States, which is prosecuted by the My favorite last year was the legisla- another similar criminal offense, here State and the person has long been tion that was considered in Congress to is where the Federal Government sent to the penitentiary or death row. prohibit videos of animal abuse using comes into play. The Attorney General We need to concentrate on the fact stiletto heels. That is not a joke. Un- does this calculation and says, basi- that we do not seem to think we need fortunately, we have bills such as that cally, that unless Tennessee’s law the States anymore. We had this funda- introduced in Congress all the time. under which this guy was convicted mental disagreement at the founding of We, from time to time, try to get provides for the average term of im- our country between Jefferson and around the commerce clause. We want prisonment of all the States—you look Hamilton. Hamilton wanted a strong to federalize things, such as guns in at all the States and say: What is the Federal Government, we all remember schools. Every State in the Union has a average term of imprisonment for mur- from our schooldays. Jefferson said: tough law they deal with in their own der?—if Tennessee has a little less than No, that is too much centralization of way as to what to do about a terrible the average of all the other States, and power; remember what happened to us problem—guns in schools. We get no he goes to Kentucky and kills some- earlier in our history. We need to dif- headlines out of that, so we had a Fed- body else, then Tennessee has to pay fuse that power, and the States need eral law to which the Supreme Court Kentucky to apprehend the guy, to try certain rights, so we need to balance said: No, that does not affect interstate the guy, and to incarcerate him for that out. commerce. Then we just try to basi- however long Kentucky wants to incar- One of my House colleagues said: The cally directly force States to enforce cerate him. problem with Congress is we are Federal laws and regulations that we That is basically what Aimee’s law Jeffersonians on Mondays, Wednesdays, make—background checks for guns, is. So this is moving the ball a little and Fridays and Hamiltonians on Tues- when judges should retire, Federal reg- bit farther down the road for those who days, Thursdays, and Saturdays. We ulations. Finally, the Supreme Court want Washington to decide all the give lipservice to the proposition of said: No, we cannot do that. The 10th criminal laws in this country. limited Government, decentralization, amendment prohibits us from doing Here we have a standard not that giving more power back to the States, that. So we have a steady array of our Congress has set. A lot of times we will getting things out of Washington. We attempting to figure out ways in and say: We want everybody on the high- all run on that platform, and as soon as around the Constitution in order to im- ways to be driving under the old .08 we get here, we can’t wait to pass some pose our will because ‘‘we know best.’’ rule because we believe that ought to sweeping Federal law that, in many The latest, of course, now is the use be the intoxication limit. We are going cases, supersedes State law and the dif- of the spending clause. The courts have to withhold funds if you don’t. It is a ferent ways States have chosen to han- said, basically, if Congress sends the Federal standard. You can argue with dle a different problem. We preempt State law. We pass Fed- money, they have the right to attach it or you can agree with it. eral laws all the time. The Constitu- strings. States blithely go along many But that is not what we have here. tion allows us, under the supremacy times—not all the time, but many This is not a standard that Congress clause, to do that. We will not even say times. Oftentimes they accept that free has had hearings on and has deter- when we are preempting. The courts Federal money and learn that they are mined that Tennessee has to live up to. have to decide that. We pass laws all getting 7 percent of their money for It is a standard that is based upon a the time, and the courts have to take a their problem and 75 percent of the reg- calculation of what the average is look at them later on to decide to what ulations and redtape, the requirements among all the other States. extent we are preempting State laws, that go along with it. What if Tennessee looks at it a little and so we strike down those State So this is the context in which we differently? They ought to have the laws. find ourselves when we consider right to have a little more stringent We continue to criminalize State Aimee’s law. This is all just a little bit laws or a little more lenient laws. They law. Five percent of the criminal pros- of history we have been dealing with to have the people of Tennessee to answer ecutions in this country are Federal. which not many people pay much at- to. They have their own legislature. Yet last year there were over 1,000 tention. But it has to do with our basic They have their own Governor. These pieces of legislation introduced in this constitutional structure. It has to do are things that Tennessee has been de- Congress having to do with criminal with the fundamental question in this ciding for 200 years. If they do not do law. It clogs the courts. Justice country and, I think, our fundamental what the average of other States do, Rehnquist on a regular basis comes job; that is, What should the Federal when it is totally within their preroga- over here and pleads with us to stop Government do, or what should Gov- tive, should they be penalized? this: You are not doing anything for ernment do, and at what level should There are several problems with this law enforcement—he tells us—by try- Government do it? What is more funda- law. Some of them are constitutional ing to criminalize everything at the mental than that? What is more impor- because it has ex post facto concerns. I Federal level that is already covered at tant than that, as we hastily pass out do not know, for example, in reading the State level; you are clogging the and introduce these thousands of bills this law, whether it intends to apply to courts. up here? If they sound good, do it—all people who have already been sen- The Judicial Conference reports to us the while eroding a basic constitu- tenced or whether it applies to people from time to time: You are clogging tional principle that we all claim we who will be sentenced after this law the courts with all this stuff that believe in. comes into effect. should not be in Federal court; the So this Aimee’s law came about be- I wish one or any of the sponsors of States are already taking care of that. cause of another tragic set of cir- this bill would come to the floor and Nobody is claiming they are not. So for cumstances. We have seen them: The tell us whether or not the intent of this the same offense, we have this array of dragging death in Texas, the drive-by law is to have this law apply to people State laws and this array of criminal shooting case in 1992, the situation who have already been sentenced laws, and the prosecutor can use that that produced Aimee’s law. There is al- maybe 5 years ago, maybe 10 years ago. against a defendant however he might ways something in the headlines of a If so, then what can a State do about choose. It is not something that will tragic nature in criminal law. that to avoid being penalized the way I enhance our system of justice but Under Aimee’s law, if Tennessee, for just described? something that only enhances our own example, tries somebody—let’s say for Secondly, if a person is still serving stature when we believe we are able to murder or rape—and convicts them, time, and the State knows it is going say we passed some tough criminal and that person serves their sentence to be penalized if he is released under law. We are doing more to harm crimi- under State law, under Tennessee law, the State law because other States nal justice by doing this than we are and then they are released, and that might have a little more stringent law, doing to help it. person goes to Kentucky and commits what is going to happen next time that

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22088 CONGRESSIONAL RECORD—SENATE October 11, 2000 person comes up to the parole board? into compulsion.’’ Moreover, the funds cause by the time they change their Are they going to be looking at it ob- are not attached to a new program. law and raise their incarceration rates jectively? The conditions are attached to funds for these various offenses, other States, Or, better still, the question is, to that States have already satisfied con- presumably, could be doing the same the sponsors of this legislation: What ditions to receive now and are being thing. You are always going toward a about people who have already been used for law enforcement purposes now. moving target. Each State is trying to convicted and already served their Prisons under construction now might outstrip each other, and each State, if time and have been out of jail now for have to be abandoned if the States can it wants to keep its money and not 15, 20 years, and they go to Kentucky no longer receive Federal funds for have to pay for 40 or 50 years for some- and kill somebody else? Does this apply prisons unless they lengthen their sen- body in another State—their incarcer- to them? If that is the case, there are tences. Drug task forces, police assist- ation expense—the safe thing for it to thousands and thousands and thou- ance, prosecutorial assistance, all of do is ratchet up the time. The safest sands of people in every State who which are currently functional, would thing for it to do would be to give life have been convicted of crimes and are be jeopardized, causing possible loss of sentences without parole. now out of jail and going to other life and limb to the citizenry, if States For some people, I think that is a States. Are we going to go back and did not adopt Washington’s sentencing good idea anyway. But is that some- calculate what the average law pro- policy in order to be sure to continue thing we ought to be forcing States to vided for incarceration for all of those receiving the money. That is coercion, do with regard to any and all prisoners people? I think it is silent. not inducement. who come before them who are charged If the intent is, in fact, to catch all of If the measure is retroactive only with this particular list of crimes? It is those people and, if they do something with respect to people who are released a list that this Congress has decided is else, have this law apply, it has ex post after 2002 for earlier committed crimes, the protected list—not anything else, facto ramifications with regard to the the compulsion is not as great, but is just this protected list. If the States State. You are not doing anything to still very strong, as the State still don’t comply, then they lose their Fed- the individual, but you are forcing the faces unlimited liability for any pris- eral money. So the States can’t tell State to either lose money or to try to oners for future crimes committed over what they are supposed to do in order extend the time these people stay in many years. To avoid that, a State to keep their money. It is a very am- jail. seeking to retain Federal funding biguous, bad piece of legislation. Can you imagine the litigation you might essentially, in the Supreme There are policy reasons in addition are going to have with regard to these Court’s words, be ‘‘induced . . . to en- to what I have described and in addi- parole board hearings, when a person gage in activities which would them- tion to the constitutional problems. It apparently looks as though he is eligi- selves be unconstitutional,’’ such as pits one State against another. We are ble for parole, but the parole board has lengthening the sentences of those who supposed to be doing things to unify discretion, and they know if they re- would otherwise be released, violating this country—I thought. The Supreme lease this person, he is going to be one the ex post facto clause. Court and this Congress spends a lot of of these people caught under the law? This wouldn’t be a direct length- time and attention on implementing Can you imagine the litigation that is ening, but it would certainly have a po- the commerce clause, designed to make going to come about as a result? tential effect with regard to, for exam- sure there is the free flow of goods and If, on the other hand, it is not meant ple, parole board activities. So not only people and information one State to to be ex post facto, if, in fact, this law do you have an ex post facto problem, another. only applies to those who are convicted you have a spending loss problem. The The Supreme Court strikes down of crimes after the effective date of Supreme Court has held that Congress laws that States might want which this law, then this law is going to be a can withhold money, unless the States might say another State can’t come in, nullity for the most part, I imagine, for engage in the behavior that Congress or where they are trying to impose many years, if people serve out terms wants them to as they receive the their will on another State outside in prison for horrendous crimes. money. They don’t have to take the their boundary. The commerce clause I would like to know, seriously, what money, but if they do, they have to promotes a free flow of commerce, but the intention of the law is because it is take the strings attached to it. The Su- under this particular law you are pit- not clear from the legislation itself. As preme Court has basically upheld that. ting one State against another, calcu- Fred Ansell has said: The Supreme Court also said the condi- lating to see if they can get some If it applies retroactively, then the tions that the Federal Government money from another State because law could apply retroactively in dif- places on the use of the money must be they have a different criminal law than ferent ways. It could mean that the law unambiguous. The States must know this other State had, and the Attorney applies only if an offender is released what they have to do in order to get General of the Federal Government is from a State after 2002 after having this money. the referee and she keeps the books on served a less than average sentence, I submit that under the present case, all of that. That is a terrible idea. and then commits a crime. Or it could Aimee’s law, the States could not tell Another policy reason is that even mean that a person commits a what they have to do in order to get Aimee’s law defeats the very purpose crime as early as January 1, 2002, who this money because they are always that it is trying to carry out. Much of was released from prison many years dealing with a moving target. If you re- the money that will be withheld, if a ago. member what I said a while ago, the State doesn’t comply with this Federal If the State is liable for what an al- name of the game is for the States to mandate, will go for prisons. One of the ready-released offender does in the fu- keep ratcheting up their incarceration reasons, presumably, why some States ture, and it accepts the Federal funds time so they are within the national have to turn people out before we with these conditions, then the State average. If they fall below that for would like is because of a lack of pris- has agreed to accept an unlimited fu- their own good purposes, whatever the on space. They are getting this Federal ture liability. It will be liable for the reasons and circumstances—they want money in order to help them with more crimes that thousands of offenders to devote more money to prevention, prisons. might commit, as measured by the or they want to devote more to reha- This is a very circular kind of situa- costs of apprehension, prosecution, and bilitation instead of prisons, whatever tion the Federal Government is cre- incarceration. This is not losing 5 per- their decisions might be—if they fall a ating. We are cutting them off from cent of transportation funds for not en- little below, they are going to lose money to do the very thing that is the acting a 21-year-old drinking age, as their money. If they want to keep their reason we are cutting them off because was upheld in South Dakota v. Dole. money, how high are they supposed to they didn’t do it in the first place. It This is where Federal ‘‘pressure turns raise their incarceration rates? Be- makes no sense whatsoever. There is

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22089 no additional inducement—is the next The Federal Government would have centrated you want it. It has to do with policy reason—under Aimee’s law for States keep people—let’s say the elder- innovation. It has to do with experi- the States—other than to keep their ly—and have to make the tradeoff of mentation. It has to do with good com- Federal money—for the States to com- using limited resources to keep people petition among the States. We have ply with this Federal rule. in jail who are, say, elderly and long seen welfare reform, education choice, We are concerned about people get- past the time when you would think competitive tax policies, and public- ting out of jail and committing other they would be dangerous to people, but private partnerships all thrive at the crimes. We are all concerned about keep them there on the off chance that State level. Good things are happening. that. But seven out of eight crimes they might get out and commit a crime This law is another step away from that are committed by people who have in another State, and so forth. It all of that, another step toward Fed- gotten out of jail happen in the States doesn’t make any sense. eral centralization and the monopo- in which they were confined. So the This is simply an indirect attempt by lizing of criminal policy in this coun- State of Tennessee has every reason in the Federal Government—by us, by the try. I could not let this go and could the world to want to have laws that are Congress—to get States in a bidding not let this pass without making that reasonable for the protection of its own war as to who can pass the most strin- abundantly clear once again. citizens and to keep people confined for gent laws in all of these areas. That is I yield the remainder of my time. The PRESIDING OFFICER. The ma- a reasonable period of time for these OK in and of itself. But it shouldn’t be jority leader. crimes for the protection of their own done because we are threatening them citizens. Do they need any inducement Mr. LOTT. Mr. President, I thank to do it. We think we have the answers Senator THOMPSON for his consistency because one out of eight might go to these problems, and we don’t. somewhere else and commit a crime and for the remarks he just made. I I served on the Judiciary Committee don’t know that it will sway the vote, and that State might come back on a while back, and I was chairman of them? but it is certainly worth contemplating the Juvenile Justice Subcommittee for what he just said. You have a situation here of par- a while. For anybody who deals in f ticular crimes. Murder, as defined criminal law, the first thing they have under Federal law, could mean any- to come away with, if they are being UNANIMOUS CONSENT thing from vehicular homicide on up. fair about it, is a sense of great humil- AGREEMENT—H.R. 4635 So, presumably, someone could be con- ity. Mr. LOTT. Mr. President, after ex- victed of vehicular homicide in Ten- There is so much we do not know tensive collaboration with Senator nessee and go to California and be con- about what causes crime—why young DASCHLE, we have come to this con- victed of first-degree murder; they are people commit crimes, what the best sensus which we believe is in the best both murder under the meaning of this solution is, and so forth. My own view interests of all concerned. law. California could get Tennessee’s is that we should spend a lot more I ask unanimous consent that the Federal money to incarcerate this guy time, money, and research, and we Senate proceed to Calendar No. 801, for the next however many years for should spend a lot more time, money, H.R. 4635, the HUD–VA appropriations murder when he was only convicted of and effort in finding out what is going bill, on Thursday at 9:30 a.m., the com- vehicular homicide in Tennessee. on in these various communities mittee substitute be agreed to, one This has not been thought through. amendment which will be offered by The Federal Government simply around the country with the various approaches communities and States Senator BOND and Senator MIKULSKI be should not be setting the standards for immediately agreed to, and the bill State crimes. They ought to set the have had and the various kinds of prob- lems. It is very complex and very con- time be limited to the following: standards for Federal crimes. States Fifteen minutes under the control of ought to have the flexibility to choose troversial. But that doesn’t stop us. Last time I checked, we had 132 pro- Senator MCCAIN; with their limited resources. Five minutes under the control of We tax the citizens of the States at a grams on juvenile crime alone at the Federal level without a clue as to Senator KYL; rate unprecedented since World War II. Ten minutes equally divided between whether or not any of them are work- We put mandates on States with which the subcommittee chairman and rank- we have been struggling, and we are ing or doing any good. My guess is that ing minority member; trying to back off that a little bit. We some of them are probably counter- Ten minutes equally divided between have all of these regulations we put on productive. the chairman and ranking minority the States. They have limited re- A lot of people want to pass, as a part member of the full committee. sources most years. They are doing a of a bill, to have youthful offenders I further ask unanimous consent that little better these days. They ought to sentenced as adults. In some cases, if there be one amendment in order by have the right to decide for them- States want to do that, that is fine Senator DASCHLE, or his designee, re- selves—the people who elect their offi- with me. But we were going to impose garding the Treasury-Postal appropria- cials—how they use those resources. a requirement that all States sentence tions bill, and following the offering of If they want to spend more money for youthful offenders as adults within cer- that amendment there be 10 minutes education, if they want to spend more tain categories until we found out that for debate to be equally divided in the money for health care, if in the crimi- the way it plays out in some cases is usual form, and no amendments be in nal area they want to spend more they would get less time as an adult order to the amendment. money for prevention, if they want to than they would in a juvenile facility. I further ask unanimous consent that spend more for rehabilitation, those There is just an awful lot we don’t following the vote relative to the Byrd are different things that different know. amendment, Senator BOXER be recog- States are doing all across the country. Why should we be forcing States to nized to offer up to two first-degree We can see who has been successful and adhere to some kind of a national amendments relative to environmental who has not been successful. standard as to how long a person ought dredging, drinking water regulations, That is the reason we have States. to serve for a list of crimes? If we real- and Clean Air Act area designation, That is the reason our Founding Fa- ly believe we ought to do that, why and there be up to 30 minutes of debate thers set up States. If we don’t allow don’t we just go ahead and do it di- on each amendment to be equally di- them to do that, what is the use of hav- rectly? vided in the usual form, with no other ing them? Why do we have them? Why We have seen the benefit of a system amendments in order, and the amend- don’t we just go ahead and pass a Fed- our Founding Fathers established over ments not be divisible. eral law for everything and abrogate and over and over again. This is not I further ask unanimous consent that the States, if we don’t need that kind just textbook stuff. It has to do with following disposition of the amend- of diversity and if we don’t need that power, and the use of power, and who is ments just described, the bill be ad- kind of experimentation? going to use power, and how con- vanced to third reading and passage

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22090 CONGRESSIONAL RECORD—SENATE October 11, 2000 occur, all without any intervening ac- Mr. LOTT. Mr. President, while Sen- We have accommodated a lot of the tion or debate. ator DASCHLE is here, he may want to concerns in reaching this agreement. I further ask unanimous consent that make comments. I thank him again for We will have a couple of amendments the votes just described occur begin- working to help get this agreement offered by Senator BOXER who has con- ning at 12:30 p.m. on Thursday and worked out, as Senator REID certainly cerns about the HUD–VA bill. This there be 2 minutes before each vote for has been helpful, and Senator BOND, reaches the level of understanding we explanation. chairman of the committee, and Sen- have with regard to her concerns, as I further ask unanimous consent that ator MIKULSKI, ranking member of the well. following the vote, the Senate insist on HUD–VA appropriations subcommittee; Clearly, this is a compromise taking its amendment, request a conference they have done good work. into account both the procedural as with the House, and the Chair be au- As a result of these agreements, we well as the substantive concerns many thorized to appoint conferees on the will be able to act tomorrow on the Senators have had on both sides of the part of the Senate, those conferees HUD–VA appropriations bill, the en- aisle, and it accommodates those con- being the entire subcommittee, includ- ergy and water appropriations bill, as cerns as best we can under these cir- ing Senators STEVENS and BYRD. will be modified to put in the agreed-to cumstances. The PRESIDING OFFICER. Is there language with regard to section 103, Again, I end where I began by compli- objection? and we also will then have the Treas- menting the majority leader, by ex- Without objection, it is so ordered. ury-Postal appropriations bill included pressing my appreciation for his work f in this process. in trying to reach an accommodation We will continue to work after this of some of these issues. I hope we can UNANIMOUS CONSENT vote at 4:30 to get an agreement with do more on other bills that are yet to AGREEMENT—H.R. 4516 regard to the time and a vote on the be considered. Mr. LOTT. Mr. President, I ask unan- Defense authorization bill. We are I yield the floor. imous consent that immediately fol- working through the difficulties which Mr. REID. While the two leaders are lowing the vote on the adoption of the are probably on this side; maybe on on the floor, there is so much acrimony HUD–VA bill on Thursday, the motion both sides. We will try to work that on the Senate floor, and there will be to proceed to the motion to reconsider out, and also a time when a vote will more in the future. At a time when we the vote by which the conference re- occur on the Agriculture appropria- have accomplished a great deal proce- port to accompany H.R. 4516 was not tions conference report. durally, you two should be commended. agreed to be immediately agreed to, I will have to communicate some It has been difficult to arrive at this and the vote occur on the conference more. I thought it important to go point. This is one of the times where report immediately, without any inter- ahead and get these agreements lined we worked with some cooperation. vening action or debate. up. There will be more difficulties before The PRESIDING OFFICER. Without I remind Members, we have two votes the session ends, but the two leaders objection, it is so ordered. scheduled at 4:30. are to be commended for the work done f Mr. DASCHLE. I commend the ma- today. jority leader for his work in reaching UNANIMOUS CONSENT AGREE- I suggest the absence of a quorum. this agreement and compliment and The PRESIDING OFFICER. The MENT—H.R. 4733 VETO MESSAGE thank Members on both sides of the clerk will call the roll. Mr. LOTT. Mr. President, I ask unan- aisle. The legislative clerk proceeded to imous consent that the veto message We have to be realists as we try to call the roll. with respect to the conference report finish our work at the end of this ses- Mr. BROWNBACK. Mr. President, I accompanying H.R. 4733 be considered sion. Being realists means we don’t get ask unanimous consent that the order as having been read, printed in the it exactly the way we want it. Obvi- for the quorum call be rescinded. RECORD and spread in full upon the ously, many Members have serious The PRESIDING OFFICER. Without Journal, and the message then be re- problems about the way we are pro- objection, it is so ordered. ferred to the Appropriations Com- ceeding. We, nonetheless, realize we f mittee. have to get the work done. While it Before the Chair grants this request, may not be pretty, it will get the work VICTIMS OF TRAFFICKING AND VI- I would like to say to my colleagues done. That is ultimately what we are OLENCE PROTECTION ACT OF that, unfortunately, the Senate does here to do. 2000—CONFERENCE REPORT—Con- not have the votes to override this To clarify what this agreement does tinued veto. I still believe strongly that the with regard to some of the concerns Mr. BROWNBACK. Mr. President, I energy and water appropriations con- that some Members have raised, first know under the unanimous consent ference report should not have been ve- and foremost, this allows for the com- agreement Senator THOMPSON would toed and that there is a real threat of pletion of the Treasury-Postal bill be- have the time until 4:30 when it was danger as a result of the provisions cause we address the IRS concern agreed the vote would be set. I ask that are in controversy. The vote in raised by the administration. We are unanimous consent to speak on the sex the Senate was 57–37, which is a very very pleased that issue has been re- trafficking bill for up to 5 minutes. strong vote. But at this point it ap- solved and we are now able to go forth The PRESIDING OFFICER. Without pears there certainly would not be suf- at least from the point of view of the objection, it is so ordered. ficient votes to override the Presi- administration. Senator BYRD had the Mr. BROWNBACK. Mr. President, dent’s veto. same concern I did about procedure. rather than not using the time, I I regret the veto. The Senate needs This allows us technically to have thought it wise to go ahead and use to proceed now to complete these ap- taken up TPO on the floor, as Senator this time to visit about this important propriations bills, and therefore we BYRD has strongly suggested we do and vote that will be taking place. There have had to go through the process as as some Members proposed be done. may be some people who are just now just be outlined in these previous unan- This allows us to do that, and we will focusing on what is happening. imous consent requests. Therefore, this do it in concert with the consideration We have a base bill with sex traf- consent addresses the immediate con- of HUD–VA. ficking. The Violence Against Women cern of the veto message entering the Obviously, as I think everyone now Act is the base of the bill, and it is put Senate Chamber. knows, section 103 of the energy and together in an overall piece of legisla- The PRESIDING OFFICER. Is there water bill is very problematic for the tion with the Trafficking Victims Pro- objection? administration and for some of us. This tection Act of 2000, Aimee’s law, Jus- Without objection, it is so ordered. understanding takes out section 103. tice for Victims of Terrorism Act, and

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22091 the 21st Amendment Enforcement Act. Colson in support of this legislation, Young ages. Aimee Willard was a This is the combined bill soon to be saying this is something we need to young age—not quite that young. But voted on. speak out about; this is something we you get young ages of people who are A point of order has been raised and need to do. subjected to this. We are stepping up ruled against by the Chair, and we will I want to recognize the leader, TRENT and doing something on their behalf. be voting on appealing the ruling of the LOTT. In these waning hours of the ses- Mr. President, I thank my colleagues Chair. I hope my colleagues will vote in sion, there are about 150 different bills for the time I have been able to use for favor of the Chair and we will go to the that want to get to the floor. Senator this. I urge the President to sign this final bill for a vote. To vote against the LOTT has said this one is coming to the legislation when it gets to his desk. I Chair and subtract Aimee’s law, sends floor. Not only did he say it is coming am hopeful he will. I do not know of the bill back to the House, and we to the floor, he gave us all day on Octo- any reason he would not sign this legis- don’t have time to get this done. ber 11 to be able to carry this on lation. This will be a major accom- This is an important day for women through and get this through. This is plishment of this Congress that is and children subject to violence, both precious time. It could have been spent going to be completed at this time. domestically and abroad. It is an im- and was being pushed to be spent on a I yield the floor. portant day that this body is going to number of different issues. Instead, Mr. LEAHY. Mr. President, there is follow the House and put in place need- Senator LOTT said, no; we will go ahead an interesting precedent being set as ed protections for people, women and and let this issue come forward. We the Senate considers adopting Aimee’s children, subject to this violence, both will take the whole day debating it. law as part of the conference report on domestically and abroad. People can be heard on this particular the Sex Trafficking Act. The sup- It is an important day for those who issue. Then we will have two votes at porters of Aimee’s law argue that have worked as advocacy groups and the end of the day. states have a financial responsibility defenders of the defenseless, including That is a great statement on his part regarding the protection, or lack of people trafficked across international in support of women and children who protection, offered by state law. borders, with their papers burned and are subject to these horrifying condi- I have expressed my concerns about told: You owe. tions, both domestically and abroad. I Aimee’s law and I want to put my col- This is important also for women in applaud his effort and his leadership leagues on notice. If Congress and the abusive relationships, physically abu- and his work getting this done. President determine that this Act will sive, who need help. I just came from a press conference become law, there are important rami- This addresses both of those issues. I with Senator SANTORUM on Aimee’s fications that should be reflected in fu- think it is important this body, in the law, an important piece of legislation ture legislation on many issues. waning days of this session, go out concerning what happened to Aimee For example, the application of the with a strong statement that we are Willard, an act perpetrated by a person Aimee’s law standard to state responsi- there with you; we are supporting was released early from prison in Ne- bility should also be applied to pollu- those who are victimized in these situ- vada and went to Pennsylvania. She tion and waste that also crosses state ations, domestically and abroad. We was an all-American lacrosse player at borders. I think it will be interesting are speaking out for those who, in George Mason University. She was to see in the future whether supporters many cases, have no voice. traveling, her car was taken over by of Aimee’s law will also support efforts I can still see the girls I met in Nepal this guy who had been previously con- to make states responsible for air pol- who were trafficked at 11 and 12 years victed and released early out of a Ne- lution that is generated in their states of age, coming back to their home vada prison, then he takes her, kidnaps but falls downwind on other states to country and to their villages, 16, 17 her, rapes her, and murders her. damage the environment and endanger years of age, in terrible condition, hav- This is legislation that does not fed- the health of children and individuals ing been subjected to sex trafficking, eralize crimes, but it encourages States who suffer from asthma. beaten by brothel owners, in some to step up and say: If a person is con- My colleagues in the Northeast will cases locked up at night, raped repeat- victed of one of these crimes, keep him all recognize this issue—we are collec- edly, and told, ‘‘You have to work this in for at least 85 percent of what he tively suffering from the damage in- off; I own you,’’ and then released to go was sentenced for; or if they go to an- flicted on our forests, waterways, and home when they contract horrible dis- other State and commit this recidi- public health every day by the tons of eases. In not all cases that works that vism crime, then the State that has to uncontrolled pollution emitted from way, but in too many cases it does prosecute and incarcerate this person, power plants in the midwest. In 1997, work that way. the criminal who did this, they can get out of the 12,000,000 tons of acid-rain This body is speaking today. We are part of the Federal moneys from the causing sulfur dioxide emitted by the speaking on behalf of those who are so State that let the person go free early. United States, Vermont was the source defenseless in these particular types of I think it is a sensible approach to of only ten—or 0.00008%. Yet my state situations. try pushing this on forward. It is a suffers disproportionately from the ec- I want to recognize some people who good piece of legislation. It is some- ological and financial damage of acid have been particularly helpful on this. thing that deserves passage. Here in rain, from stricken sugar maple trees Senator LEAHY has worked very hard these waning hours of this session, I to fishless lakes and streams. Vermont, with us on this, through many of the would just say I am very pleased to be like many other New England states, issues he has had on this. Senator a part of this body that would stand up spends significant funds to test fish for WELLSTONE and I have worked on the and speak out and step forward on im- mercury and issue fish advisories when trafficking. Senator BIDEN and Senator portant legislation like this for the de- levels are too high—mercury that also HATCH have worked on the Violence fenseless, for the voiceless, for those has its source at uncontrolled mid- Against Women Act. This has been a who are in harm’s way. I applaud that. western plants. All of our hospitals true bipartisan and bicameral effort. I hope my colleagues will vote as the also spend money for tests for res- CHRIS SMITH and SAM GEJDENSON in the House did, overwhelmingly, for this piratory problems for children exposed House, Republican and Democrat, have legislation. It passed in the House 371– to ozone-thick air, air that drifts into worked with us to get this through. 1. Vermont from the urban centers to the Chairman HYDE of the Judiciary Com- If I can encourage you any more, I south and west. mittee in the House has worked to get say pull out a picture from your bill- I would like to put the Senate on no- this on through. My staff, Karen Knud- fold, pull out a picture of a child or tice that when the Senate considers sen and Sharon Payt, have worked very grandchild. Those are the ages, some- any amendments to the Clean Air Act, hard. The outside advocacy groups where between 9 and 15, who are the I will consider offering an amendment range from Gloria Steinem to Chuck most frequently trafficked victims. that will hold states responsible for the

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22092 CONGRESSIONAL RECORD—SENATE October 11, 2000 cost of the pollution they generate and Also of particular significance is a Moreover, women are still much which falls downwind. It will be inter- provision authored by Congressman more likely than men to be attacked esting to see whether the supporters of BILL MCCOLLUM of Florida, which will by their intimate partners. During the logic behind Aimee’s law will sup- assist victims of terrorism. Senator 1993–1998, women victims of violence port a Federal Government mandate MACK and others who have had a long- were more than seven times more like- that Vermont be paid by midwestern standing interest in this issue were in- ly to have been attacked by an inti- states for every ton of uncontrolled strumental in helping this provision mate partner than male victims of vio- pollution that crosses into our state find a place in the conference report. lence. and results in costs to our environment The provision helps families struck by VAWA 2000 will help us complete and our citizens. the horrors such as the attack on Pan that work. This legislation would do I provide this background to high- Am 103 get fair restitution, coming in three things. light the underlying problems with part from the frozen assets of terrorist First, the bill would reauthorize Aimee’s law. While done with the best states. through fiscal year 2005 the key pro- of intentions, the solution achieved The conference report is a solid and grams in the original Violence Against with this provision is on questionable effective measure to help the victims Women Act. These include STOP constitutional ground and has the po- of violence and abuse, the kind of abuse grants, pro-arrest grants, rural domes- tential to set a precedent that will which is nothing short of evil. Those tic violence and child abuse enforce- have far reaching implications for victims are most often women and ment grants, the national domestic vi- many issues Congress will address in children, and this legislation goes a olence hotline, and rape prevention and the future. long way to protect them.∑ education programs. The bill also reau- ∑ Mr. HELMS. Mr. President, this con- ∑ Mrs. FEINSTEIN. Mr. President, I thorizes the court-appointed and spe- ference report is a splendid example of rise to support the Victims of Traf- cial advocate program, CASA, and Congress reasserting its moral under- ficking and Violence Protection Act of other programs in the Victims of Child pinning in U.S. foreign policy. It will 2000 conference report. While I have Abuse Act. effectively combat the disgrace of some reservations of some parts of the Second, the bill makes some im- women and children being smuggled, conference report, I am pleased that a provements to VAWA. These include: bought and sold as pathetic commod- number of important provisions have Funding for grants to help victims of ities—most often for the human beasts been included. domestic violence, stalking, and sexual who thrive on prostitution. I would like to focus my comments assault who need legal assistance be- The conference report deals with all today on three specific provisions of cause of that violence; aspects of sex trafficking, from helping this report: the Violence Against Assistance to states and tribal courts victims to punishing perpetrators. to improve interstate enforcement of Significantly, the legislation calls on Women Act of 2000, the Justice for Vic- civil protection orders, as required by the executive branch to identify clear- tims of Terrorism Act, and the Twen- the original Violence Against Women ly the nations where trafficking is the ty-First Amendment Enforcement Act. Act; most prevalent. For regimes that know I strongly supported the Violence Funding for grants to provide short- there is a problem within their borders, Against Women Act when we passed it term housing assistance and short- but refuse to do anything about it, 6 years ago. VAWA was the most com- term support services to individuals there will be consequences. prehensive bill ever passed by Congress No country has a right to foreign aid. to deal with the corrosive problem of and their dependents fleeing domestic The worst trafficking nations must domestic violence. I believed then and violence who are unable to find quickly have such U.S. aid cut off. And if they believe now that this legislation was secure alternative housing; don’t receive U.S. bilateral aid, then long overdue. A provision providing supervised visi- their officials will be barred from com- For far too long, there has been an tation of children for victims of domes- ing onto American soil. Our principles attitude that violence against women tic violence, sexual assault, and child demand these significant and impor- is a ‘‘private matter.’’ If a woman was abuse to reduce the opportunity for ad- tant symbolic steps. mugged by a stranger, people would be ditional domestic violence during visi- Some may complain that this is an- outraged and demand action. However, tations; other ‘‘sanction’’ in the alleged pro- if the same woman was bruised and A provision strengthening and refin- liferation of sanctions Congress passes. battered by her husband or boyfriend, ing protections for battered immigrant But denying taxpayer-supported for- they would simply turn away. women; and eign aid is not a ‘‘sanction.’’ Foreign Attitudes are hard to change. But I An expansion of several of the pri- aid is not an entitlement. believe that VAWA has helped. mary grant programs to cover violence I commend Senator BROWNBACK for In the last 5 years, VAWA has en- that arises in dating relationships. his unyielding efforts to help the vic- hanced criminal penalties on those who I was disappointed that the con- tims of sex trafficking, which is noth- attack women, eased enforcement of ference did not agree to extend the re- ing less than modern-day slavery. The protection orders from State to State, cently expired Violent Crime Reduc- inevitable controversies over dif- and provided over $1.6 billion over 6 tion Fund. The money for the trust ferences between House and Senate years to police, prosecutors, battered fund comes from savings generated by bills were ironed out because of Sen- women’s shelters, a national domestic reducing the Federal workforce by ator BROWNBACK’s leadership. violence hotline, and other provisions more than 300,000 employees, and it Time and again, Senator BROWNBACK designed to catch and punish batterers was the primary source of money for personally intervened with conferees, and offer victims the support they need VAWA programs. This will mean that with our colleagues on the Judiciary to leave their abusers. VAWA will likely be funded directly by Committee, and with the House and The Violence Against Women Act tax revenues. Senate leadership in order to obtain works. A Department of Justice study However, I am pleased that the con- agreement on this important legisla- recently found that, during the 6-year ference agreed to restore language that tion. period that VAWA has been in effect, would allow grant money to be used to SAM BROWNBACK is devoted to helping violence against women by intimate deal with dating violence. Without this less fortunate citizens, whether they partners fell 21 percent. language, women could not benefit are farmers struggling to keep their However, the same study found that from VAWA unless they cohabited with farms in Kansas or the helpless women much more work remains to be done. their abusers. That makes no sense. In and children caught up in the traf- For example: fact, the Department of Justice study ficking of human beings. I salute Sen- Since 1976, about one-third of all on intimate partner violence found ator BROWNBACK for his remarkable ef- murdered women each year have been that women between the ages of 16 and forts. killed by their partners; 24—prime dating ages—are the most

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22093 likely to experience violence within Since LACAAW receive VAWA was pistol-whipped, bound and gagged, their relationships. money in 1997, it has seen a 64 percent and pushed into a hidden compartment VAWA has been particularly impor- increase in the number of victims under the floor in the back of the van. tant to my own state of California. served. Moreover, its rape prevention Jacobsen was held by these men, VAWA funds have trained hundreds of education program services have dou- members of the Iranian-backed California police officers, prosecutors, bled in this period. Hizballah, for 532 days—nearly a year and judges. They have provided Cali- In the last 5 years, Women Escaping and a half. He was held in darkness and fornia law enforcement with better evi- a Violent Environment, WEAVE, a vic- blindfolded during most of that time, dence gathering and information shar- tim service provider in Sacramento, chained by his ankles and wrists and ing equipment. has doubled its legal advocacy efforts wearing nothing but undershorts and a VAWA funds have also hired victims’ and crisis and referral services. It re- t-shirt. He has said in the past that he advocates and counselors in scores of sponds to over 20,000 domestic violence was allowed to see sunlight just twice California cities. They have provided and sexual assault calls to its crisis in those 17 months. an array of services to California line annually and 35 requests for legal The food during his captivity was women and children—from 24-hour hot- services daily. meager—sometimes the guards would lines to emergency transportation to In Alameda County, the district at- even spit in his food before handing it medical services. torney’s office has used VAWA funds to over. I have heard numerous stories from institute comprehensive training re- Jacobsen was subjected to regular women in California who have bene- garding the investigation and prosecu- beatings, and often threatened with fitted from VAWA. For instance, one tion of domestic violence and stalking immediate death. He was forced to lis- woman wrote to me to how she fled cases. Two hundred sixty prosecutors ten as fellow captives were killed. from an abusive relationship but was in Alameda and Contra Costa county As a result of this physical and men- able to get food, clothing, and shelter and 350 police officers in Alameda tal torture, Jacobsen has been under for her and her four children from a country have been trained. The result: continuous treatment for VAWA-supported center. If it was not 30 new stalking cases and numerous posttraumatic stress disorder since his for VAWA, she wrote, ‘‘I would have new domestic violence cases being in- release in November of 1986—nearly 13 lost my four children because I didn’t vestigated and prosecuted just in 3 years ago. have anywhere to go. I was homeless months. In August of 1998, David Jacobsen with my children.’’ Lideres Campasinas has used VAWA was awarded $9 million by a U.S. Fed- And the head of the Valley Trauma money to establish itself in 12 commu- eral Court. The judgement was against Center in Southern California wrote nities in California and has trained the Government of Iran, and pursuant me about another tragic case. Four 25,000 immigrant and migrant women. to a bill that Congress signed in 1996 al- men kidnaped a woman as she walked Before it received this money, Lideres lowing victims of foreign terrorism to to her car and raped her repeatedly for Campasinas did not address the prob- recover against terrorist nations. many hours. Incredibly, because the lem of domestic violence among farm- But David Jacobsen has collected men accused the victim of having sex worker women. Now, three tribal orga- nothing. He cannot go to Iran to ask with them voluntarily and one of the nizations and 4 States have contacted for the verdict. And our own Govern- men was underage, the woman herself it about setting up similar programs in ment has essentially turned its back. was charged with having sex with a their jurisdictions. Some have estimated the United States minor. As a result, the woman lost her The California Coalition Against Government has frozen more than a job. Fortunately, the center, using Sexual Assault’s Rape Prevention Re- billion dollars of Iranian assets. Yet VAWA funds, was able to intervene. source Center has, using VAWA money, not one cent has been paid to David Ja- They helped get the charges against assembled over 4,000 items focused ex- cobsen. The administration has in- the victim dismissed and assisted the clusively on issues related to violence voked waiver after waiver—even as woman through her trauma. against women in the U.S. Over 4,000 Congress has modified the 1996 bill to There is no question that VAWA has items are currently available in its clarify our intent. made a real difference in the lives of lending library. The same has been true for others tens of thousands of women and chil- In short, VAWA 2000 renews our com- victimized by agents of designated ter- dren in California. Let me give you mitment to fighting violence against rorist-sponsoring nations, including some more examples: women and children. I am delighted to Alisa Flatow, Terry Anderson, Joseph Through VAWA funding, California support its passage today. Ciccippio, Frank Reed, Matthew has 23 sexual assault response teams, 13 Let me also say a few words about Eisenfeld, Sarah Duker, Armando violence response teams, and scores of the Justice for Victims of Terrorism Alejandre, Carlos A. Costa, and Mario domestic violence advocates in law en- Act, which is also in the conference re- de la Pena. forcement agencies throughout the port. The legislation included in this con- state. These teams have responded to I strongly support this bill, which ference report replaces the waiver au- hundreds of incidents of domestic vio- will help American victims of ter- thority in current law to make it both lence, saving lives and helping protect rorism abroad collect court-awarded more clear, and more narrow. It is my California women and children from compensation and ensures that the re- hope that once Congress has again spo- abuse. sponsible State sponsors of terrorism ken on this issue, money frozen from Since 1997, eight counties in Cali- pay a price for their crimes. terrorist nations will finally begin to fornia have developed stalking and Just let me talk about one example flow to the victims of those terrorist threat assessment teams, STATs. Since of why this new law is necessary. acts. VAWA was enacted, there has been a In 1985, David Jacobsen was residing The Justice for Victims of Terrorism 200-percent increase in the number of in Beirut, Lebanon, and was the chief Act also contains an amendment au- felony stalking cases filed by the Los executive officer of the American Uni- thored by Senator LEAHY and myself Angeles District Attorney. versity of Beirut Medical Center. His that will offer more immediate and ef- Within 2 weeks of launching an life would soon take a dramatic and ir- fective assistance to victims of ter- antistalking educational campaign reversible change for the worse, and he rorism abroad, such as those Ameri- using VAWA money, the Los Angeles would never again be the same. cans killed or injured in the embassy Commission on Assaults Against Shortly before 8:00 a.m. on May 28, bombings in Kenya and Tanzania and Women, LACAAW, received about 40 1985, Jacobsen was crossing an inter- in the Pam Am 103 bombing over calls to its crisis hotline. These calls section with a companion when he was Lockerbie, Scotland. This amendment resulted in numerous investigations by assaulted, subdued and forced into a does not involve any new funding; all the local STAT. van by several terrorist assailants. He the money for victims would come out

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22094 CONGRESSIONAL RECORD—SENATE October 11, 2000 of the existing emergency reserve fund abroad. This agency—OVC—has more The Twenty-First Amendment En- for the Department of Justice’s Office expertise and resources to help over- forcement Act would add a new section for Victims of Crime, OVC. seas terrorism victims than a typical (section 2) to the Webb-Kenyon Act, The Leahy-Feinstein amendment State victims’ services agency. For ex- granting Federal court jurisdiction to aims to provide faster and better as- ample, OVC can much more easily get injunctive relief actions brought by sistance to victims of terrorism information from U.S. and foreign gov- State attorneys general seeking to en- abroad. Under current Federal law, if ernment agencies to process victims’ force State laws dealing with the im- there is a terrorist attack against claims than, say, the Wyoming Victim portation or transportation of alco- Americans abroad, the victims and Services Division. holic beverages. It is important to em- their families must generally go to the Second, it eliminates the gaps and in- phasize that Congress is not passing on victims’ services agencies in their consistencies in Federal and State vic- the advisability or legal validity of the home States to receive assistance and tims’ services statutes that result in many State laws dealing with alcoholic compensation. However, victims’ serv- disparate treatment of similarly situ- beverages. Whether a particular State ices vary widely from State to State, ated victims of terrorism. The amend- law on this subject is a valid exercise and some overseas victims receive no ment provides OVC with much more of State power is, and will continue to relief at all because they cannot estab- flexibility to assist victims of ter- be, a matter for the courts to decide. lish residency in a particular State. rorism directly, avoiding unfair re- As you know, the powers granted to Let me give you a couple of real-life sults. the States under section 2 of the 21st examples created by current law: Third, it cuts redtape that has unnec- amendment are not absolute. As the Two American victims, standing lit- essarily delayed services to victims of Supreme Court has made clear since erally yards apart, were injured in the terrorism. 1964, State power under the 21st amend- bombing at the U.S. Embassy in Specifically, the Leahy-Feinstein ment cannot be read in isolation from Kenya. Each received severe injuries, amendment: other provisions in the Constitution. In was permanently disabled, and spent 7 Authorizes OVC to establish a ter- Hostetter v. Idlewild Bon Voyage Liq- rorism compensation fund and to make months recovering at the same hos- uor Corporation, 377 U.S. 324 (1964), the direct payments to American citizens pital. However, because the two were Court began to use a ‘‘balancing test’’ and noncitizen U.S. Government em- residents of different States, they re- or ‘‘accommodation test’’ to determine ployees for emergency expenses related ceived very different victims’ assist- whether a state liquor law was enacted to terrorist victimization. The money to implement a ‘‘core power’’ of the ance: one received $15,000 in compensa- would be used to pay emergency travel 21st amendment or was essentially an tion and one $100,000. And one waited a expenses, medical bills, and the cost of effort to unfairly regulate or burden week for a decision on the money and transporting bodies. interstate commerce with an inad- the other 5 months. Allows OVC to pay for direct services equate connection to the temperance Another American was also severely to victims, regardless of where a ter- goals of the second section of the 21st injured in the embassy bombings. Be- rorist attack occurs. This includes amendment. cause he was not able to establish resi- counseling services, a victims’ website, The Court said in Hostetter that dency in a particular State, he could and closed-circuit TV so victims and ‘‘[B]oth the 21st amendment and the not receive any victims’ assistance or their families can monitor trial pro- commerce clause are parts of the same compensation at all. In fact, because he ceedings. Constitution. Like other provisions of lacked health insurance, he had to pay Raises the cap on OVC’s emergency the Constitution, each must be consid- his medical bills himself. reserve fund from $50 million to $100 ered in the light of the other, and in The Office for Victims of Crime has million. This would enable OVC to ac- the context of the issues and interests been able to get around the problem in cess additional funds in the event of a at stake in any concrete case.’’ The certain cases by transferring money to terrorist attack involving massive cas- Court in that case also emphasized the FBI or U.S. attorney’s offices, ualties. that to draw the conclusion that the which then transfer the money to vic- Makes it easier for OVC to replenish 21st amendment has repealed the com- tims. However, this cannot be done in its emergency reserve fund with money merce clause, would be ‘‘patently bi- some situations. Moreover, even where that it de-obligates from its other zarre’’ and ‘‘demonstrably incorrect.’’ such transfers can be done, OVC and grant programs. Subsequently, in a series of other de- the victims have run into a lot of red- Expands the range of organizations cisions over the last 35 years, the Su- tape and delays. An example: that OVC may fund to include the De- preme Court has held that the 21st Because of current law, OVC was not partment of State, Red Cross, and oth- amendment does not diminish the force able to respond directly to the needs of ers. of the supremacy clause, the establish- victims of the embassy bombings. So I would like to thank Senator LEAHY ment clause, the export-import clause, they transferred money to the Execu- for his leadership on this issue. While the equal protection clause, and, again, tive Office of the U.S. attorneys, which he and I have sometimes disagreed on the commerce clause; nor does it then transferred the money to the how to address the lack of victims’ abridge rights protected by the first State Department, which then trans- rights in this Nation, I am glad that we amendment. ferred the money to the victims. This were able to work together to pass this In case after case (Capital Cities triple transfer took 8 months. In the important amendment. Cable, Inc. v. Crisp, 467 U.S. 691, 712 meantime, the victims and their fami- Finally, I would like to discuss one (1984) (supremacy clause); Larkin v. lies had to pay medical bills, transpor- last provision of this conference report. Grendel’s Den, Inc., 459 U.S. 116, 122 tation costs, funeral expenses, and Specifically, I want to address the so- (1982) (establishment clause); Depart- other expenses themselves. called Twenty-First Amendment En- ment of Revenue v. James Beam Co., The Leahy-Feinstein amendment will forcement Act, S. 577, now included as 377 U.S. 341 (1964) (export-import immediately benefit terrorist victims. part of this conference report. I want it clause); Craig v. Boren, 429 U.S. 190, 209 For example, the amendment ensures to be perfectly clear that this provision (1976) (equal protection); Bacchus Im- that the OVC can assist victims di- is simply a jurisdictional statute with ports, Ltd. v. Dias, 468 U.S. 263, 275 rectly with regard to the upcoming a very narrow and specific purpose. The (1984) (commerce clause); 44 trial in New York City of the individ- bill is not intended to allow the en- Liquormart, Inc. v. Rhode Island, 517 uals who allegedly bombed our embas- forcement of invalid or unconstitu- U.S. 484, 516 (1996) (first amendment)), sies in Kenya and Tanzania. tional State liquor laws in the Federal the Court has made it clear that the The Leahy-Feinstein amendment courts, and is certainly not intended to powers granted to the States under the fixes the problem in three ways. allow States to unfairly discriminate 21st amendment must be read in con- First, it creates a single, centralized against out-of-State sellers for the pur- junction with other provisions in the agency to help victims of terrorism poses of economic protectionism. Constitution.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22095 In Bacchus Imports, the Court stated their borders to exercise ‘‘local option’’ encouraging temperance or prohibiting that the 21st amendment was not de- restrictions on the availability of alco- the sale of alcohol to minors. At the signed ‘‘to empower States to favor holic beverages. Further, the States same time, the amended bill reflects a local liquor industries by erecting bar- are also free to enact laws limiting the recognition on the part of the Judici- riers to competition.’’ Nor are State access of minors to alcoholic beverages ary Committee, the Senate, and the laws that constitute ‘‘mere economic under their police powers. Congress that S. 577 is solely a jurisdic- protectionism . . . entitled to the same The language in subsection 2(e) rein- tional statute and is not intended to deference as laws enacted to combat forces the Supreme Court decisions allow the enforcement of invalid or un- the perceived evils of an unrestricted holding that the 21st amendment is not constitutional State liquor laws in the traffic in liquor.’’ The Bacchus decision to be read in isolation from other pro- Federal courts.∑ stands for the legal principle that the visions contained in the U.S. Constitu- Mrs. LINCOLN. Mr. President, I rise 21st amendment cannot be used by the tion. These cases have recognized that today to express my support for two States to justify liquor laws which, by State power under section 2 of the 21st very important pieces of legislation to favoring instate businesses, discrimi- amendment is not unlimited and must the women of this country: the Vio- nate against out-of-state sellers or oth- be balanced with the other constitu- lence Against Women Act and the Na- erwise burden interstate commerce. tional rights protected by commerce tional Breast and Cervical Cancer Economic discrimination is not a core clause, the supremacy clause, the ex- Treatment Act. purpose of the 21st amendment. port-import clause, the equal protec- Combating domestic violence and Earlier this year, when the Senate tion clause, the establishment clause child abuse has been a top priority for Judiciary Committee considered S. 577, and the first amendment. me. I am an early cosponsor of the Vio- I offered an amendment to the ‘‘Rules The substitute to S. 577 offered in the lence Against Women Act of 2000 . . . of Construction’’ section of Senator Judiciary Committee by Senator And I joined with my colleagues in 1994 HATCH’s substitute to S. 577. The HATCH also made a number of other to pass the Violence Against Women amendment was intended to clarify positive changes in this legislation. Act, making it clear that violence that Congress recognizes the important Federal court jurisdiction is granted against women is unacceptable. line of cases I have described today and only for injunctive relief actions by Changing our laws and committing does not intend to tip or alter the crit- State attorneys general against alleged $1.6 billion over six years to police, ical balance between the 21st amend- violators of State liquor laws. How- prosecutors, and battered women shel- ment and other provisions in the Con- ever, actions in Federal court are not ters has helped America crack down on stitution, such as the commerce clause. permitted against persons licensed by abusers and extend support to victims. My home state of Arkansas has re- I also thought it was important that that State, nor are they permitted ceived almost $16 million in resources we make it clear that, in passing this against persons authorized to produce, to help women who have been or are jurisdictional statute, we are neither sell, or store intoxicating liquor in being abused. This money has made a endorsing any existing State liquor that State. tremendous difference to women and laws nor prejudging the validity of any The Hatch substitute also made other changes ensuring that the bill their families in Arkansas. State liquor laws. In making a decision According to the Department of Jus- tracks the due process requirements of as to whether to issue an injunction, tice, fewer women were killed by their rule 65 of the Federal Rules of Civil the Federal judge will look at the un- husbands or boyfriends in the first two derlying State statute and determine Procedure concerning suits for injunc- years after the Act’s passage than in whether or not it has been violated and tive relief in Federal court. Under sub- any year since 1976. We cannot stop whether it is a constitutionally permis- section 2(b), a State attorney general this progress now. sible exercise of State authority. must have ‘‘reasonable cause’’ to be- By voting to continue the Violence The committee adopted my amend- lieve that a violation of that State’s Against Women Act, we send a signal ment by a unanimous voice vote and law regulating the importation or to women across the country that they the language of subsection 2(e) now re- transportation of intoxicating liquor and their children will have options to flects the committee’s intent. It states has taken place. Further, under sub- chose from and a support network to that this legislation is to be construed section 2(d)(1) the burden of proof is on rely on when they leave an abusive re- only to extend the jurisdiction of the the State to show by a preponderance lationship. It also reinforces the mes- Federal courts in connection with a of the evidence that a violation of sage to abusers that their actions will State law that is a valid exercise of State law has occurred. Similarly, sub- not be tolerated or ignored. State power: (1) under the 21st amend- section 2(d)(2) makes it clear that no I am also glad to see the Act ex- ment of the U.S. Constitution as such preliminary injunction may be granted panded to include funding for transi- an amendment is interpreted by the except upon evidence: (A) dem- tional housing for women and children Supreme Court of the United States, onstrating the probability of irrep- who are victims of violence, as well as including interpretations in conjunc- arable injury; and (B) supporting the resources for specific populations such tion with other provisions of the U.S. probability of success on the merits. as Native Americans and the elderly Constitution; and (2) under the first Also, under subsection 2(d)(3) no pre- . . . Mr. President, I’d also like to take section of the Webb-Kenyon Act as in- liminary or permanent injunction may a minute to recognize National Breast terpreted by the Supreme Court of the be issued without notice to the adverse Cancer Awareness Month and to call on United States. Further, S. 577 is not to party and an opportunity for a hearing the House to pass the National Breast be construed as granting the States on the merits. While the legislation and Cervical Cancer Treatment Act. any additional power. makes it clear that an action for in- This bill will provide treatment to The legislative history of both the junctive relief under this act is to be low-income women screened and diag- Webb-Kenyon Act and the second sec- tried before the Court without a jury, nosed through the CDC National Breast tion of the 21st amendment reflect the at the same time a defendant’s rights and Cervical Cancer Early Detection fact that Congress intended to protect to a jury trial in any separate or subse- Program. the right of the individual States to quent State criminal proceeding are in- Since 1990, the Centers for Disease enact laws to encourage temperance tended to be preserved. Control’s National Breast and Cervical within their borders. So both before The amendments adopted in the Ju- Cancer Early Detection Program the establishment of nationwide prohi- diciary Committee bring both balance screens and diagnoses low-income bition and after its repeal, the States and fairness to this legislation. As women for breast and cervical cancer, have been free to enact statewide pro- amended, the Twenty-First Amend- but does not guarantee them treatment hibition laws, and to enact laws allow- ment Enforcement Act will assist in once diagnosed. ing the local governments (i.e. coun- the enforcement of legitimate State Nationwide, thousands of women are ties, cities, townships, etcetera) within liquor laws that are genuinely about caught in a horrible federal loophole—

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 22096 CONGRESSIONAL RECORD—SENATE October 11, 2000 they are told they have a deadly dis- ually violent offenses to register with that, in the course of those negotia- ease with no financial hope for treat- law enforcement agencies upon their tions, we were able to reach agreement ment. release from prison and that commu- on language that achieved our vital ob- The American Cancer Society esti- nities receive notification when a sex jectives without exposing colleges to mates that in the year 2000, 400 women offender takes up residence. The Cam- excessive legal risks. in Arkansas will die of breast cancer, pus Sex Crimes Prevention Act pro- For the helpful role they played in and 1,900 women will be diagnosed with vides that offenders must register the those discussions, I must thank not it. name of any higher education institu- only Senator HATCH, Senator BIDEN, Luckily, my home state is currently tion where they enroll as a student or and Congressman SALMON, but Sen- administering an effective breast can- commence employment. It also re- ators JEFFORDS and KENNEDY, the cer screening program for uninsured quires that this information be Chairman and Ranking Member of the women. This program has helped im- promptly made available to law en- Senate Committee on Health, Edu- prove the rate of early diagnosis and forcement agencies in the jurisdictions cation, Labor and Pensions. also provides financial assistance for where the institutions of higher edu- I appreciate the opportunity briefly treatment. cation are located. to describe what I have tried to accom- However, right now, the CDC pro- Here is how this should work. Once plish with this amendment. gram reaches only 15 percent of eligible information about an offender’s enroll- Mr. JOHNSON. Mr. President, I am women . . . ment at, or employment by, an institu- pleased the Senate today will vote on Through the Breast and Cervical tion of higher education has been pro- legislation to reauthorize the land- Cancer Treatment Act, Arkansas would vided to a state’s sex offender registra- mark Violence Against Women Act. benefit from being able to free up re- tion program, that information should The legislation is part of a larger bill sources for education and outreach, to be shared with that school’s law en- that also helps end the trafficking of help more women across the state. women and children into international Unfortunately, Mr. President, the forcement unit as soon as possible. The reason for this is simple. An in- sex trades, slavery, and forced labor. fight to enact this legislation is not stitution’s law enforcement unit will This bill passed the House of Rep- over. After a 421–1 passage in the House in have the most direct responsibility for resentatives last week, and I am con- May, this critical bill passed the Sen- protecting that school’s community fident the President will sign it into ate on Wednesday, October 4, 2000 by and daily contact with those that law. unanimous consent. It now must go should be informed about the presence I have been involved in the campaign back to the House of Representatives of the convicted offender. to end domestic violence in our com- for a vote on the Senate-passed version If an institution does not have a cam- munities dating back to 1983 when I in- and then be sent to the President for pus police department, or other form of troduced legislation in the South Da- his signature. I urge my colleagues in state recognized law enforcement agen- kota State Legislature to use marriage the House to move on this legislation, cy, the sex offender information could license fees to help fund domestic so that the President can sign it into then be shared with a local law en- abuse shelters. At that time, thousands law. forcement agency having primary ju- of South Dakota women and children And I also urge all of the women in risdiction for the campus. were in need of shelters and programs my state to get screened this month. In order to ensure that the informa- to help them. However, few people Every three minutes a woman is diag- tion is readily accessible to the campus wanted to acknowledge that domestic nosed with breast cancer, and every 12 community, the Campus Sex Crimes abuse occurred in their communities, minutes a woman dies from breast can- Prevention Act requires colleges and or even their own homes. cer. Early detection is key. universities to provide the campus In 1994, as a member of the U.S. I hope the women of Arkansas, espe- community with clear guidance as to House of Representatives, I helped get cially if they have a family history of where this information can be found, the original Violence Against Women the disease, will take time during Na- and clarifies that federal laws gov- Act passed into law. Since the passage tional Breast Cancer Awareness Month erning the privacy of education records of this important bill, South Dakota to take a step that could save their do not prevent campus security agen- has received over $8 million in funding lives. cies or other administrators from dis- for battered women’s shelters and fam- Mr. KYL. Mr. President, I would like closing such information. ily violence prevention and services. to briefly describe one item I was very The need for such a clarification was Nationwide, the Violence Against pleased to see included in this legisla- illustrated by an incident that oc- Women Act has provided over $1.9 bil- tion. The item to which I refer is a pro- curred last year at Arizona State Uni- lion toward domestic abuse prevention posal of mine, the Campus Sex Crimes versity when a convicted child mo- and victims’ services. Prevention Act. I would like to thank lester secured a work furlough to pur- In South Dakota alone, approxi- Chairman HATCH and Senator BIDEN for sue research on campus. University of- mately 15,000 victims of domestic vio- their cooperation in getting this pro- ficials believed that the federal privacy lence were provided assistance last posal included in the Violence Against law barred any disclosure of that fact. year, and over 40 domestic violence Women Act, which has now been incor- Without a clear statement that shelters and outreach centers in the porated into the Trafficking Victims schools are free to make this informa- state received funding through the Vio- Protection Act. tion available, questions will remain lence Against Women Act. Shelters, The purpose of this provision is to about the legality of releasing sex of- victims’ service providers, and coun- guarantee that, when a convicted sex fender information. The security unit seling centers in South Dakota rely offender enrolls or begins employment at Arizona State and its counterparts heavily on these funds to provide as- at a college or university, members of at a number of other colleges asked for sistance to these women and children. the campus community will have the this authority, and we should give it to Some of these examples include: information they need to protect them- them. The Mitchell Area Safehouse started selves. Put another way, my legislation The House of Representatives passed the first Family Visitation Center in ensures the availability to students a similar provision—authored by Con- the state with these funds. The center and parents of the information they gressman MATT SALMON—earlier this ensures that children receive safe and would already receive—under Megan’s year. Since then, I—along with Con- monitored visits with their parents Law and related statutes—if a reg- gressman SALMON—have worked to ad- when violence has been a factor in istered sex offender were to move into dress the concerns that some in the their home environment. Now there are their own neighborhood. higher education community had about 9 such centers in the state. Current law requires that those con- possible unintended consequences of The Winner Resource Center for victed of crimes against minors or sex- this legislation. I am pleased to report Families received funding to provide

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.001 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22097 emergency shelter, counseling services, tims Protection Act and I want to com- tion establishes certain minimum rent assistance, and clothing to women mend my colleagues Senator standards for combating trafficking and children in south-central South BROWNBACK and Senator WELLSTONE and authorizes funding through AID Dakota. for their hard work on this legislation. and other sources to assist countries to Violence Against Women Act funding Inge had hoped for a better life when meet these standards. The President has also allowed Minnehaha County she left her home in Veracruz, Mex- can take other punitive measures and Pennington County to hire domes- ico—for legitimate work that would against countries that fail to meet tic court liaisons to assist with the pay her well. She was hoping to earn these standards. Protection Order process. money in a restaurant or a store and The bill also creates protections and In Rapid City, Violence Against earn money to bring back to her fam- assistance for victims of trafficking, Women Act funding also allowed Work- ily. including a new nonimmigrant ‘‘T’’ ing Against Violence Inc. (WAVI) to de- She never expected a smuggling debt visa. At the same time, punishments velop a Sexual Assault Program and of $2,200. She never expected to be beat- for traffickers are increased through provide specialized crisis intervention en and raped until she agreed to have asset seizure and greater criminal pen- and follow-up for child and adult sur- sex with 30 men a day. She never ex- alties. vivors of rape. pected to be a slave—especially not in All of these provisions are important On the Crow Creek reservation, Vio- the United States—not in Florida. for strengthening U.S. and foreign law lence Against Women Act funding So she got drunk before the men ar- and for combating trafficking. I strong- helped the tribal justice system to de- rived. And when her shift was done, she ly support them. velop stalking, sexual assault, and sex- drank some more. Inge would soak her- It is a sad consequence of ual harassment tribal codes. Similar self in a bathtub filled with hot water— globalization that crime has become efforts have been realized on the Rose- drinking, crying, smoking one ciga- more international in its scope and bud and Sisseton-Wahpeton reserva- rette after another—trying any way reach. These seedy sex industries know tions through this program. she could to dull the pain. And she no boundaries. Traffickers use inter- The original Violence Against would go to sleep drunk or pass out— national borders to trap their victims Women Act expired last Saturday, Oc- until the next day when she had to do in a foreign land without passports, tober 1, and I once again led the fight it all again. without the ability to communicate in in the Senate this year to reauthorize Unfortunately, Inge’s case is not the local language, and without hope. But just as trafficking has become this legislation. The bill that the Sen- unique. It is a horrific story played out global, so must our efforts to fight ate will vote on today authorizes over every day in countries all over the trafficking. That is why I also support $3 billion for domestic abuse preven- world. In fact, at least 50,000 women an appropriation in the Commerce-Jus- tion programs. I am especially pleased and children are trafficked into the tice-State Appropriations bill for $1.35 that the bill includes a provision I sup- U.S. each year and at least 700,000 million earmarked for the Protection ported that targets $40 million a year women and children are trafficked Project. This legal research institute in funding for rural areas. worldwide. These women and children at the Johns Hopkins School of Ad- The National Domestic Violence Hot- are forced into the sex industry or vanced International Studies is a com- line is also reauthorized in this legisla- forced into harsh labor, often by well prehensive analysis of the problem of tion. As you know, this hotline has re- organized criminal networks. Traf- international trafficking of women and ceived 500,000 calls from women and fickers disproportionately target the children. Led by Laura Lederer, a children in danger from abuse since its poor, preying on people in desperate dozen researchers have been docu- creation in 1994. The hotline’s number economic situations. They dispropor- menting the laws of 190 independent is 1–800–799–SAFE, and I encourage any tionately target women and girls—all states and 63 dependencies on traf- woman or child who is in an abusive of this for money. ficking, forced prostitution, slavery, environment to call for help. Trafficking of women and children is debt bondage, extradition, and other The original Violence Against more than a crime—it is an assault on relevant issues. When it is complete, Women Act increased penalties for re- freedom. It is an assault on that found- the Protection Project will produce a peat sex offenders, established manda- ing principle of our nation, ‘‘. . . that worldwide legal database on traf- tory restitution to victims of domestic all men are created equal, that they ficking, along with model legislation violence, codified much of our existing are endowed by their Creator with cer- for strengthening protections and rec- laws on rape, and strengthened inter- tain unalienable rights. . .’’ It is an as- ommendations for policy makers. state enforcement of violent crimes sault on the very dignity of humanity. At the moment, the Protection against women. I am pleased to support Yet the protections we have against Project is at a critical phase of re- efforts this year that strengthen these trafficking are inadequate. That is why search and funding is crucial. For the laws, expand them to include stalking the Trafficking Victims Protection Act last few years, the State Department’s on the internet and via the mail, and is so vital. Bureau of International Narcotics and extend them to our schools and college This legislation takes several ap- Law Enforcement Affairs has been campuses. proaches to address this human rights funding the project, along with private Passage of the Violence Against abuse. It requires expanded reporting donations made to Harvard University, Women Act reauthorization bill is an- by the State Department in its annual where the project was formerly housed. other important step in the campaign human rights report on trafficking, in- However, with its transition to Wash- against domestic violence. While I am cluding an assessment and analysis of ington and Johns Hopkins, the project pleased that this historic legislation international trafficking patterns and has lost private funding and has suf- will soon be on its way to the President the steps foreign governments have fered a nine-month delay in its re- for his signature, the fact remains that taken to combat trafficking. It also re- search. domestic violence remains a reality for quires the President to establish an I urge my colleagues on the CJS con- too many women and children in our interagency task force to monitor and ference to retain the Senate earmark country and in South Dakota. I will combat trafficking. for this project. The research that the continue to do all that I can, as a mem- As a means of deterring trafficking, project is producing is critical to un- ber of the United States Senate and a the President, through the Agency for derstanding, fighting, and ultimately concerned citizen of South Dakota, to International Development (AID) must winning the war against international help victims of domestic violence and establish initiatives, such as micro- trafficking of women and children. work to prevent abuse in the first lending programs to enhance economic Mr. TORRICELLI. Mr. President, I place. opportunities for people who might be rise in support of the adoption of the Mr. HUTCHINSON. Mr. President, I deceived by traffickers’ promises of lu- conference report to H.R. 3244, the Sex- rise in support of the Trafficking Vic- crative jobs. In addition, this legisla- ual Trafficking Victims Protection

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22098 CONGRESSIONAL RECORD—SENATE October 11, 2000 Act. This conference report contains I would first of all like to extend my like to note how pleased I am with the two pieces of legislation that are criti- compliments to Senator BROWNBACK, results the conference reached on a cally important for ensuring the safety Congressman SMITH, Senator couple of particular provisions. of women and their children in our Na- WELLSTONE, Senator HELMS, Senator First, I would like to discuss the tion as well as around the world, the HATCH, and others, including their funding the bill provides for rape edu- Reauthorization of the Violence staff, who worked so hard on the traf- cation, services to victims, and preven- Against Women Act of 1994 and the ficking portion of this legislation. The tion. This critical funding is used for, Sexual Trafficking Victims Protection problem of international sex traf- among other things, helping survivors Act. I am extraordinarily pleased that ficking that they have tackled is a par- of rape and sexual assault come to the Senate is finally poised to join our ticularly ugly one, and I commend terms with what has happened to them colleagues in the House and pass both them for all the work they have in- so that they are able to get on with of these legislative proposals. Although vested in devising effective means to their lives and also assist in the pros- it is unfortunate that Congress allowed address it. ecution of the perpetrators of these the Violence Against Women Act to ex- I would like to concentrate my own crimes. It is also used to educate inves- pire at the end of the fiscal year on remarks on the second half of this leg- tigators and medical personnel on the September 30, 2000, today’s action on islation, the Violence Against Women best protocols to use to collect evi- this legislation goes a long way to- Act of 2000. I was proud to be an origi- dence in these cases. wards sending a message to battered nal cosponsor of the Senate version of I would like to give a few examples of women and their children that domes- this bill, and I am very pleased to see instances of how this is working in tic violence is a national concern de- that the efforts of everyone involved Michigan. A 21-year-old single woman serving the most serious consideration. are about to become law. was raped. She became pregnant as a An important component of the Re- The 1994 Violence Against Women result of the rape. She decided that she authorization of the Violence Against Act has been crucial in reducing vio- wanted to carry the baby to term. She Women Act that is contained in the lence perpetrated against women and had to deal with her own very complex conference report today is the provi- families across America. VAWA 1994 in- emotions about her pregnancy, her sion of resources for transitional hous- creased resources for training and law changed relationship with her boy- ing. Due to the fact that domestic vio- enforcement, and bolstered prosecution friend, and the enormous difficulties of lence victims often have no safe place of child abuse, sexual assault, and do- raising a child as a single parent. The to go, these resources are needed to mestic violence cases. States have VAWA money for rape services funded help support a continuum between emergency shelter and independent liv- changed the way they treat crimes of the counseling to help her with this ing. Many individuals and families flee- violence against women; 24 States and overwhelmingly difficult set of deci- ing domestic violence are forced to re- the District of Columbia now mandate sions and circumstances. VAWA rape money also funded serv- turn to their abusers because of inad- arrest for most domestic violence of- equate shelter or lack of money. Half fenses. ices for a 63-year-old woman who was of all homeless women and children are States have also relieved women of sexually assaulted. With that help, she fleeing domestic violence. Even if bat- some of the costs associated with vio- was able to come to terms with what tered women leave their abusers to go lence against them. For example, as a had happened, and testify against the to a shelter, they often return home result of VAWA, all have some provi- rapist. because the isolation from familiar sion for covering the cost of a forensic To give just one more example: surroundings, friends, and neighbor- rape exam. Most notably, VAWA 1994 VAWA rape money is being used right hood resources makes them feel even provided much-needed support for shel- now to fund a new sexual assault nurse more vulnerable. Shelters and transi- ters and crisis centers, funded rape pre- examining program. This program pro- tional facilities are often located far vention and education, and created a vides a sympathetic and expert place from a victim’s neighborhood. And, if National Domestic Violence Hotline. for survivors to go after they have been emergency shelter is available, a sup- Nevertheless, much remains to be assaulted where they will be treated ply of affordable housing and services done. In Michigan alone, in 1998 we had with respect and understanding and are needed to keep women from having more than 47,000 incidents of domestic where the evidence will be collected to return to a violent home. violence, including 46 homicides. About correctly. Due to the importance of ensuring 85 percent of the victims of those inci- The reason I have come to know so that battered women may access tran- dents were women. We must continue much about this particular aspect of sitional housing, I remain concerned to do what we can to deter and prevent VAWA is that when my wife Jane met that the conference report provides this kind of violence, and to make serv- with the Michigan Coalition Against only a one-year authorization for the ices available to its victims. Domestic and Sexual Violence in Oak- transitional housing programs. Con- The legislation before us today con- land County on June 30 of this year, its sequently, I intend to work closely tinues the important work begun in director, Mary Keefe, indicated to her with my colleagues throughout next 1994 by reauthorizing these important that while she was generally very year to ensure the continued author- programs. And make no mistake about pleased with the reauthorization legis- ization and funding of these critical it, we must do so if we are to continue lation we were working on here in the programs. I look forward to working with the progress we have made. Senate, the $50 million we were pro- with my colleagues to strengthen tran- In Michigan, for example, despite our posing for this particular aspect of sitional housing programs for battered much heightened awareness of the dev- VAWA, the rape education and preven- women and their children and I hope astating impact of sexual abuse, in tion component, just wasn’t enough. they will lend their strong support to many communities VAWA grants are She indicated her hope that we would this effort. the only source of funding for services be able to raise that to the $80 million Mr. ABRAHAM. I rise to express my for rape victims. I am told that this is figure in the House bill. Jane passed strong support for this conference re- true nationally as well. Forty-five shel- that along to me, and once I under- port. It contains two very important ters serving 83 counties receive funding stood how this money was used and was measures: the Trafficking Victims Pro- from VAWA grants. Reauthorizing able to explain how important it was, tection Act, aimed at combating the VAWA is critical so as to provide the with Senator HATCH’s and Senator scourge of sex trafficking, and the Vio- assurance of continued congressional BIDEN’s assistance, the Senate proposal lence Against Women Act of 2000, commitment needed to ensure that was increased to $60 million. aimed at reauthorizing and improving these services do not dry up. I continued to follow this matter as on federal programs and other meas- That is why I am so delighted that the bill was progressing through con- ures designed to assist in the fight this conference report is about to be ference. Yesterday I was delighted to against domestic violence. enacted into law. I would especially be able to tell my staff to let Ms. Keefe

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know that the conference bill accom- BIDEN to address ways in which our im- the filing of an application to be classi- modates her request fully, and author- migration laws remain susceptible of fied as a battered immigrant spouse or izes $80 million in funding for these misuse by abusive spouses as a tool to child. But it did not create a mecha- grants for the next 5 years. One impor- blackmail and control the abuse vic- nism for him or her to obtain the nec- tant purpose for which I am sure some tim. essary papers to get lawful permanent of these funds will be used is educating This potential arises out of the deriv- residency while staying in the U.S. our kids about relatively less well ative nature of the immigration status That is because at the time it was en- known drugs like GHB, the date rape of a noncitizen or lawful permanent acted, there was a general mechanism drug that claimed the life of one of my resident spouse’s immigration status. available to many to adjust here, constituents and was the subject of leg- Generally speaking, that spouse’s right which has since been eliminated. As a islation I worked on earlier this Con- to be in the U.S. derives from the cit- result, under current law, the battered gress. izen or lawful permanent resident immigrant has to go back to his or her Second, I am pleased that the con- spouse’s right to file immigration pa- home country, get a visa, and return ference report contains the new Fed- pers seeking to have the immigration here in order to adjust status. eral law against cyberstalking that I member of the couple be granted lawful That is not true of spouses whose introduced a few months ago. As the permanent residency. citizens or lawful permanent resident Internet, with all its positives, has fast In the vast majority of cases, grant- husband or wife is filing immigration become an integral part of our personal ing that right to the citizen or lawful papers for them. They do have a mech- and professional lives, it is regrettable permanent resident spouse makes anism for completing the whole process but unsurprising that criminals are be- sense. After all, the purpose of family here. Section 1503 of this bill gives the coming adept at using the Internet as immigration is to allow U.S. citizens or abused spouse that same right. well. lawful permanent residents to live here The importance of such a provision is Hence the relatively new crime of with their spouses and children. But in demonstrated, for example, by the case ‘‘cyberstalking,’’ in which a person the unusual case of the abusive rela- of a battered immigrant whose real uses the Internet to engage in a course tionship, an abusive citizen or lawful name I will not use, but whom I will in- of conduct designed to terrorize an- permanent resident can use control stead call Yaa. I use her as an example other. Stalking someone in this way over his or her spouse’s visa as a means because her case arose in my own State can be more attractive to the perpe- to blackmail and control the spouse. of Michigan. Yaa is a 38-year-old mother of two trator than doing it in person, since The abusive spouse can do this by with- from Nigeria. She met her husband, cyberstalkers can take advantage of holding a promised visa petition and whom I will call Martin, while he was the ease of the Internet and their rel- then threatening to turn the abused visiting family members in Nigeria. ative anonymity online to be even spouse in to the immigration authori- After a long courtship, Martin per- more brazen in their threatening be- ties if the abused spouse sought to suaded Yaa to marry him and join him havior than they might be in person. leave the abuser or report the abuse. VAWA 1994 changed this by allowing in the United States. He told her he Some jurisdictions are doing an out- immigrants who demonstrate that they would help her further her education standing job in cracking down on this have been battered or subject to ex- and file the necessary papers to enable kind of conduct. For example, in my treme cruelty by their U.S. citizen or her to become a lawful permanent resi- own State, Oakland County Sheriff Mi- lawful permanent resident spouses to dent. chael J. Bouchard and Oakland County file their own petitions for visas with- Following their marriage, Martin as- Prosecutor Dave Gorcyca have devel- out the cooperation of their abusive sisted Yaa in obtaining a visitor’s visa. oped very impressive knowledge and spouse. When she arrived in the United States, expertise about how to pursue VAWA 1994 also allowed abused however, he did not follow through on cyberstalkers. spouses placed in removal proceedings any of his promises. He refused to sup- This legislation will not supplant to seek ‘‘cancellation of removal,’’ a port her going to school, and indeed their efforts. It will, however, address form of discretionary relief from re- would not let her leave the house for cases that it is difficult for a single moval available to individuals in un- fear that other men might find her at- State to pursue on its own, those where lawful immigration status with strong tractive and steal her away. He also re- the criminal is stalking a victim in an- equities, after three years rather than fused to file immigration papers for her other State. In such cases, where the the seven ordinarily required. Finally, and threatened her with deportation if criminal is deliberately using the VAWA 1994 granted similar rights to she ever disobeyed his orders. means of interstate commerce to place minor children abused by their citizen After the birth of their first child, his or her victim in reasonable fear of or lawful permanent resident parent, Martin began physically abusing Yaa. serious bodily injury, my bill will allow whose immigration status, like that of He slapped her if she questioned his au- the Federal Government to prosecute the abused spouse, would otherwise be thority or asked about her immigra- that person. dependent on the abusive parent. tion status. He spat on her if she re- The existence of a Federal law in this The conference report follows the fused to have sex with him. He used a area should also help encourage local Senate VAWA reauthorization bill in hidden recording device to tape all of authorities who do not know where to building on the important work of her phone conversations. As a result, start when confronted with a VAWA 1994 in these areas. I will not de- she came to feel that she was a pris- cyberstalking allegation to turn to scribe all of the provisions of title V of oner in her own home. Federal authorities for advice and as- division B of this bill, but I will discuss On one occasion, Martin beat Yaa sistance. There is little worse than the one of them, which I believe is the with his fists and a bottle of alcohol. feeling of helplessness a person can get most important one. Yaa suffered severe facial injuries and if he or she is being terrorized and just In this bill, we establish procedures had to be rushed to a hospital by ambu- cannot get help from the police. Much under which a battered immigrant can lance for treatment. This incident re- of VAWA 2000 is aimed at helping the take all the steps he or she needs to sulted in Martin’s arrest and prosecu- authorities that person turns to re- take to become a lawful permanent tion for domestic violence. Martin re- spond more effectively. That is a cen- resident without leaving this country. taliated by refusing to pay the mort- tral function of the cyberstalking pro- Right now, no such mechanism is gage, buy food, or other necessities. At visions as well. available to a battered immigrant, who that point, with the help of her best Finally, I am very pleased that the can begin the process here but must re- friend, Yaa moved out, found a job, and conference report includes the core turn to his or her home country to filed a self-petition under VAWA. INS provisions from the Senate bill that I complete it. approved her self-petition, and Yaa has developed along with Senator KEN- VAWA 1994 created a mechanism for obtained a restraining order against NEDY, Senator HATCH, and Senator the immigrant to take the first step, Martin.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22100 CONGRESSIONAL RECORD—SENATE October 11, 2000 Unfortunately, she still has to go to fight against domestic and sexual vio- quently confounded by their reliance Nigeria to obtain a visa in order to lence. I would like to extend particular on their abuser for care or housing. complete the process of becoming a thanks to a couple of the people there Every 7 minutes in Illinois, there is lawful permanent resident. And this is who have been particularly helpful to an incidence of elder abuse. a major problem. Martin’s family in me, to my wife Jane, and to members Several research studies have shown Nigeria blames her for Martin’s convic- of my office as we have been learning that elder abuse is the most under re- tion. They have called her from there about these issues: to Mary Keefe of ported familial crime. It is even more and threatened to have her deported the Michigan Coalition Against Domes- under reported than child abuse with because she ‘‘brought shame’’ to the tic and Sexual Violence, whom I men- only between one in eight and one in family. They also know where she lives tioned earlier; to Hedy Nuriel and fourteen incidents estimated to be re- in Nigeria and they have threatened to Deborah Danton of Haven; to Shirley ported. hurt her and kidnap the children if she Pascale of the Council Against Domes- National and State specific statistics comes back. She has no one in the U.S. tic Assault; to Deborah Patterson of are not available for domestic abuse to leave the children with if she were Turning Point, and to Valerie Hoffman against disabled individuals. However, to return alone. She is also frightened of the Underground Railroad. several studies of specific areas indi- of what Martin’s family will do to her I yield the floor. cate that abuse is of longer duration if she sets foot in Nigeria. Mr. DURBIN. Mr. President, with the for women with disabilities compared Yaa should be allowed to complete passage of the Violence Against Women to women without a disability. Cana- the process of becoming a lawful per- Act in 1994, the Federal Government dian studies over the last decade indi- manent resident here in the United for the first time adopted a comprehen- cate that the incidence in that country States, without facing these risks. Our sive approach to combating violence at least of battery for women with dis- legislation will give her the means to against women. This bill included abilities was 1.5 times higher than for do so. tough new criminal penalties and also women without a disability. 3 other Of all the victims of domestic abuse, created new grant programs to help independent studies indicated that the immigrant dependent on an abusive both women and children who are vic- ‘‘Regardless of age, race, ethnicity, spouse for her right to be in this coun- tims of family violence. sexual orientation or class, women try faces some of the most severe prob- Since that time, violence against with disabilities are assaulted, raped lems. In addition to the ordinary dif- women has significantly decreased. But and abused at a rate of more than two ficulties that confront anyone trying in spite of these improvements, far times greater than non-disabled to deal with an abusive relationship, more needs to be done. women’’ Sobsey 1994, Cusitar 1994, Dis- the battered immigrant also is afraid Every 20 seconds a woman is raped Abled Women’s Network 1988. that if she goes to the authorities, she and/or physically assaulted by an inti- Older and disabled individuals who risks deportation at the instance of her mate partner and nearly one-third of experience abuse worry they will be abusive spouse, and either having her women murdered each year are killed banished to a nursing home or institu- children deported too or being sepa- by a husband or boyfriend. tions if they report abuse. rated from them and unable to protect Domestic violence still remains the Many older women were raised to be- them. leading cause of injury to women ages lieve that family business is a private We in Congress who write the immi- 15 to 44 and sadly, there are children matter. Problems within families were gration laws have a responsibility to do under the age of twelve in approxi- not to be discussed with anyone, espe- what we can to make sure they are not mately four out of ten houses that ex- cially strangers or counselors. misused in this fashion. That is why I perience domestic violence. am so pleased that the final version of Many victims of domestic violence They also must struggle with the this legislation includes this and other are not recognized and therefore do not ethical dilemma of reporting abuse by important provisions. get the help that they need. their children to the authorities and I would like to extend special thanks I am happy to report that the con- thus increasing their child’s likelihood to Senator KENNEDY and his staff, espe- ference report includes several provi- of going to jail. Shame and fear gag cially Esther Olavarria, who has sions that I authored with Senator them so that they remain ‘‘silent vic- worked tirelessly on this portion of the COLLINS to assist both older and dis- tims.’’ bill; to Senator HATCH and his staff, es- abled women who are the victims of do- Disabled women also wrestle with the pecially Sharon Prost, whose assist- mestic violence. Those provisions were fear that they may lose their children ance in crafting these provisions and part of S. 1987, the Older and Disabled in a custody case if they report abuse. willingness to invest time, effort and Women’s Protection from Violence This bill includes modifications of capital in making the case for them Act. the STOP law enforcement state grants has been indispensable; to Senator Unfortunately for some, domestic vi- program and the ProArrest grants pro- BIDEN and his staff, especially Bonnie olence is a life long experience. Those gram to increase their sensitivity to Robin-Vergeer, whose commitment to who perpetrate violence against their the needs of older and disabled women. these provisions has likewise been family members do not stop because These programs provide funding for vital; to House Judiciary Committee the family member grows older. Nei- services and training for officers and Chairman HYDE and House Crime Sub- ther do they stop because the family prosecutors for dealing with domestic committee Chairman BILL MCCOLLUM, member is disabled. To the contrary, violence. This training needs to be sen- for their support at key moments; to several studies show that the disabled sitive to the needs of all victims, young the indefatigable Leslye Orloff of the suffer prolonged abuse compared to and old, disabled and non-disabled. The NOW Legal Defense Fund, whose abil- non-disabled domestic violence vic- images portrayed in the media of the ity to come up with the ‘‘one more tims. Violence is too often perpetrated victims of domestic violence generally thing’’ desperately needed by battered on those who are most vulnerable. depict a young woman, with small chil- immigrants is matched only by her In some cases, the abuse may become dren. Consequently, many people in- good humor and professionalism in rec- severe as the victim ages or as dis- cluding law enforcement officers may ognizing that the time for compromise ability increases and the victim be- not readily identify older or disabled has come; and to the sponsors of H.R. comes more isolated from the commu- victims as suffering domestic abuse. 3244 and S. 2449, for allowing their bill nity with their removal from the work- Only a handful of domestic abuse pro- to become the vehicle for this impor- force. Other age-related factors such as grams throughout the country are tant legislation. increased frailty may increase a vic- reaching out to older and disabled I would also like to thank all of the tim’s vulnerability. women and law enforcement rarely re- organizations in Michigan that have It also is true that older and disabled ceive training in identifying victims been working so hard to help in the victims’ ability to report abuse is fre- who are either older or disabled.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22101 The bill also sets up a new training court. But the Supreme Court, in a corruption, and even official participa- program for law enforcement, prosecu- narrow vote, decided otherwise. The tion. tors and others to appropriately iden- vote: five to four. The conference report before us seeks tify, screen and refer older and disabled This action by the Senate reauthor- to improve the lives of women and chil- women who are the victims of domestic izing the Violence Against Women Act dren around the world by providing se- violence. will overcome that court decision. vere punishment for persons convicted Improvement in this program can be Mr. ASHCROFT. Mr. President, I of operating trafficking enterprises made with respect to identifying abuse would like to offer my strong support within the United States and the possi- among all age groups especially seniors for the conference report on H.R. 3244, bility of severe economic penalties who are often overlooked. When the a bill that will strengthen our laws in against traffickers located in other abuser is old, there may be a reticence order to protect women, children and countries. In addition, it provides as- on the part of law enforcement to deal all victims of domestic violence. The sistance and protection for victims, in- with this person in the same way that conference report that we will vote on cluding authorization of grants to shel- they might deal with a younger person. today includes several sections, each of ters and rehabilitation programs, and a Who wants to send an ‘‘old guy’’ to which provides additional protections limited provision for relief from depor- jail? However, lack of action jeopard- for vulnerable members of society. tation for victims who would face ret- izes the victim further because then First, the bill contains the Traf- ribution or other hardships if deported. the abuser has every reason to believe ficking Victims Protection Act, legis- The bill also creates an Interagency that there are no consequences for lation that has been the passion of the Task Force to monitor and combat their actions. Another common prob- Senator from Kansas, Mr. BROWNBACK, trafficking, in order to facilitate and lem is differentiating between injuries and the Senator from Minnesota, Mr. evaluate progress in trafficking pre- related to abuse and injuries arising WELLSTONE. This legislation will com- vention, victim assistance, and the from aging, frailty or illness. Too bat sexual trafficking of women and prosecution of traffickers. I would like many older or disabled women’s broken children—the deepest violation of to thank the Senator from Kansas for bones have been attributed to dis- human dignity and an unspeakable his tireless work on this issue, and am orientation, osteoporosis, or other age- tragedy. Second, the conference report pleased to support this legislation. related vulnerabilities without any contains a bill that we have heard a lot The second main section of this con- questions being asked to make sure about in the last several weeks—the re- ference report, the Violence Against that they are not the result of abuse. authorization of the Violence Against Women Act (VAWA) of 2000, reauthor- With the graying of America, the Women Act—to provide funding for izes the Violence Against Women Act problems of elder domestic abuse in all programs to combat domestic violence through Fiscal Year 2005. VAWA con- its many ugly manifestations, is likely and assist victims of domestic vio- tains a number of grant programs, in- to grow. I believe that we need to take lence—both male and female. The cluding the STOP grants, Pro-Arrest a comprehensive look at our existing original Violence Against Women Act grants, Rural Domestic Violence and family violence programs and ensure authorization expired on October 1, Child Abuse Enforcement grants, the that these programs serve seniors and 2000, and I am pleased to be a cosponsor National Domestic Violence Hotline, are sensitive and knowledgeable of of the reauthorization bill sponsored by and three programs for victims of child elder domestic abuse. Senators HATCH and BIDEN (S. 2787). abuse, including the court-appointed In addition, the disabled’s injuries The third main section of the bill con- special advocate program (CASA). In may be falsely attributed to their dis- tains anti-crime measures including addition, there are targeted improve- ability and the bill authorizes a new provisions to encourage States to in- ments to the original language that program for education and training for carcerate, for long prison terms, indi- have been made, such as providing the needs of disabled victims of domes- viduals convicted of murder, rape, and funding for transitional housing assist- tic violence. dangerous sexual offenses. Together, ance, expanding several of the key I thank Chairman HATCH and Senator these provisions form a comprehensive grant programs to cover violence that BIDEN for working with me to include approach to fighting abuse against the arises in dating relationships, and au- these provisions that should help to en- most vulnerable members of society. thorizing grants for legal assistance for sure that Federal Anti-Family Vio- It is tragic that as we stand on the victims of domestic violence, stalking, lence Programs are indeed available for brink of the 21st Century the world is and sexual assault. all victims whether young or old, or still haunted by the practice of inter- There is another issue that has been whether able-bodied or a woman with a national trafficking of women and chil- raised recently and that is the eligi- disability. dren for sex, forced labor and for other bility of men to receive benefits and In just the past year, the Supreme purposes that violate basic human services under the original Violence Court offered an important ruling on rights. The frequency of these practices Against Women Act and under this bill. the Violence Against Women Act. The is frightening. For example, an esti- It was the original intent of this legis- decision was certainly not one that I mated 10,000 women from the former lation to direct federal funds toward would have hoped for. Soviet Union have been forced into the most pressing problem—that of do- In the case of U.S. v. Morrison, the prostitution in Israel; two million chil- mestic violence against women, and vi- Supreme Court struck down a provi- dren are forced into prostitution every olence against women in particular, sion of the Violence Against Women year, half of them in Asia; and more since the statistics show that the ma- Act that gave victims of rape and do- than 50,000 women are trafficked into jority of domestic violence is per- mestic violence the right to sue their the United States every year. Unfortu- petrated against women. But although attackers in federal court. Congress nately, existing laws in the United women are more often victims of such passed this law to give women an addi- States and other countries are inad- violence than men, it does not mean tional means of pursuing justice when equate to deter trafficking, primarily that men are never victims, or that the they are the victims of assault. We because they do not reflect the gravity problems of domestic violence when passed this law because the States of the offenses involved. Where coun- men are victims should be ignored. It themselves did not always adequately tries do have laws against sexual traf- was not, and is not, the intent of Con- pursue rapists and assailants. And the ficking, there is too often no enforce- gress to exclude men who have suffered States acknowledged this. ment. For example, in 1995, the Nether- domestic abuse or sexual assaults from Thirty-six States had entered this lands prosecuted 155 cases of forced receiving benefits and services under suit on behalf of the woman who had prostitution, and only four resulted in the Violence Against Women Act. been victimized. They wanted victims the conviction of the traffickers. In Maybe the bill should be renamed the of violence against women to retain some countries, enforcement against ‘‘Stop Domestic Violence Act’’ in order the right to bring their attackers to traffickers is hindered by indifference, to more accurately reflect the purposes

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22102 CONGRESSIONAL RECORD—SENATE October 11, 2000 of this bill. The Act defines such key curb domestic violence of all types. I you down, constantly criticize or undermine terms as ‘‘domestic violence’’ and ‘‘sex- support this conference report and you and your abilities, behave in an over- ual assault,’’ which are used to deter- thank Senator BROWNBACK for his lead- protective way, become extremely jealous, mine eligibility under several of the ership in the fight against sex-traf- make it difficult for you to see family or friends, bad-mouth you to family and grant programs, in gender-neutral lan- ficking, Senators HATCH and BIDEN for friends, prevent you from going where you guage. Men who have suffered these their work in the reauthorization of want to, or humiliate and embarrass you in types of violent attacks are eligible the Violence Against Women Act, and front of other people? under current law to apply for services the other members of the Conference Does your partner use economic control— and benefits that are funded under the Committee for their success in fash- deny you access to family assets such as original Act—and they will remain eli- ioning such strong legislation. bank accounts, credit cards or car, control gible under the Violence Against There being no objections, this arti- all the finances, make you account for what Women Act of 2000—whether it be for cle was ordered to be printed in the you spend, or take your money, prevent you shelter space under the Family Vio- RECORD, as follows. from getting or keeping a job or from going to school, limit your access to health, pre- lence Protection and Services Act, or [From the St. Charles County (MO) Post, Oct. 2, 2000] scription or dental insurance? counseling by the National Domestic Does your partner make threats—make DOMESTIC VIOLENCE, IN ALL FORMS, IS THE Violence Hotline, or legal assistance in you afraid by using looks, actions or ges- LEADING CAUSE OF INJURY FOR WOMEN AGES obtaining a protection order under the tures, threaten to report you to the authori- 15–44 Legal Assistance for Victims program. ties for something you didn’t do, threaten to I am pleased that this clarification was (By Dr. Hank Clever) harm or kidnap the children, display weap- added to this bill. Hank Clever is a well-known pediatrician ons as a way of making you afraid, use his in St. Charles. Since retiring from private I am committed to confronting do- anger as a threat to get what he wants? practice in 1998, Dr. Clever has continued to Does your partner commit acts of physical mestic violence because I believe that speak to community groups and organiza- all forms of violence and crime destroy violence—carry out threats to you, your tions about a variety of health-related top- children, pets, family members, friends, or lives, hopes, and opportunities. All citi- ics. The Doctor Is In column runs each Mon- himself, destroy personal property or throw zens should be safe from violence at day in the St. Charles County Post. Send things around, grab, push, hit, punch, slap, questions for Dr. Clever to the Doctor Is In, home, in their neighborhoods and at kick, choke, or bite you, force you to have c/o Public Relations Department, St. Joseph schools. Protecting public safety is a sex when you don’t want to, engage in sexual Health Center, 300 First Capitol Drive, St. acts that you don’t want to do, prevent you fundamental duty of government, and Charles, Mo. 63301. we must make it clear to criminals October is National Domestic Violence from taking medications or getting medical that if they commit crime and vio- Awareness Month. Before you think, ‘‘Oh, care, deny you access to foods, fluids or lence, they will be punished swiftly and that doesn’t affect me,’’ think again. Domes- sleep? severely. tic violence affects everyone in the commu- If any of these things are happening in Domestic violence has been a prob- nity—abuser, victim, children, family, em- your relationship, Blair wants you to know ployers, co-workers and friends. The U.S. that you are not alone and you have a right lem in the State of Missouri. In 1999, to be safe. ‘‘Millions of women are abused by according to data from the Highway surgeon general says domestic violence is the leading cause of injury to women ages their partners every year,’’ she said. ‘‘For Patrol Criminal Records Division, 15–44. Domestic violence is more common free, safe and confidential services, call there were 754 incidents for every than rapes, muggings and auto accidents AWARE at 314–362–9273.’’ 100,000 Missourians. This number is too combined. In addition to AWARE, many other domes- high, despite the fact that it has been Domestic violence isn’t limited by socio- tic violence resources, including shelters, falling from a high of 815/100,000 in 1997. economic status, race, ethnicity, age, edu- support services and legal services are avail- The early nineties saw a disturbing rise cation, employment status, physical ability able. The AWARE staff will be happy to give you that information. in domestic violence reports, from 657 or marital status. And, although some men are abused by women, the majority of domes- Physicians, nurses, social workers, risk per 100,000 Missourians in 1993 to the tic violence victims are female, making do- managers, students and Allied Health profes- high in 1997. mestic violence one of the most serious pub- sionals who would like to learn more about I have worked aggressively in the lic health issues facing women today. domestic violence and the important role past, while in service to the state of Cathy Blair is with the AWARE program. they can play in identifying and stopping it, Missouri, to confront domestic vio- AWARE stands for Assisting Women with should plan to attend the program. The con- lence. As Governor, I established a spe- Advocacy, Resources and Education. She is ference is free and includes complimentary cial Task Force on Domestic Violence. working with the staff at SSM St. Joseph parking and lunch, but registration in re- This task force conducted a com- Health Center, SSM St. Joseph Hospital quired. Call 636–947–5621 for more informa- West and the Catholic Community Services tion and to register. prehensive review of domestic violence of St. Charles County to present a program in Missouri and researched the effi- called ‘‘Strengthening Our Response: The Mr. BINGAMAN. Mr. President, ciency of various programs and serv- Role of Health Care Provider in Ending Do- today I rise to support the passage of ices for victims of abuse. Additionally, mestic Violence’’ on Thursday, Oct. 12, at St. H.R. 3244, a bill to reauthorize the Vio- I supported the Adult Abuse Act of Joseph Health Center. lence Against Women Act, VAWA. In 1989, which provided new protection ‘‘Health care providers are often on the 1994, when I voted in favor of the Vio- against domestic violence as well as front lines to recognize abuse. Their response lence Against Women Act I supported to the victim and the abuser can be crucial the purposes of the legislation and I be- new services for victims. to proper treatment not only of the imme- October is National Domestic Vio- diate trauma, but also long-term problem of lieved the grants authorized in VAWA lence Awareness Month. I would like to abuse,’’ Blair told me. would provide the resources needed by enter into the RECORD an article by When most people think of domestic vio- New Mexico organizations, local gov- Doctor Hank Clever, a well-known pe- lence, they think of battered women. How- ernments and tribal governments to diatrician in St. Charles, Missouri. ever, domestic violence can take many tackle the growing problem of domes- This article appeared in The St. forms, including psychological abuse, emo- tic violence. Now it is six years later Charles County Post, on October 2, tional abuse, economic abuse, sexual abuse and I am pleased to report that I have and even legal abuse when a women tries to 2000. Dr. Clever outlines the severity of leave an unhealthy relationship. witnessed first-hand the many benefits the problem of domestic violence and ‘‘Recognizing what behaviors are part of of VAWA to New Mexico. I now realize provides a checklist of behaviors that domestic violence is not always easy, even how important VAWA was to New Mex- may help one distinguish if you or for victims themselves,’’ Blair said. ‘‘This is ico and I fully appreciate the strides someone you know is being abused. in part because domestic violence is much New Mexico was able to make as a re- The conference report we are voting more than physical abuse.’’ sult of this legislation. Women and on today provides real tools to combat Blair offers the following checklist of be- families in New Mexico have benefitted haviors that may help you distinguish if you violence against women and children, or someone you know is being abused: tremendously from VAWA and I rise here in the United States and around Does your partner use emotional and psy- today to lend my support to passage of the world, as well as new resources to chological control—call you names, yell, put VAWA II.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22103 In New Mexico, we now have several ago when they approached me because citizens who have told me that they organizations that are devoted to stop- they were having trouble meeting the will have to shut down their programs ping violence against women. One ex- needs of their community. Esperanza unless VAWA is reauthorized. More- ample is the PeaceKeepers Domestic operates in four counties and in 1998, over, many prosecutors in New Mexico Violence Program based at San Juan Esperanza helped more than 2,000 peo- will lose the resources they have uti- Pueblo, New Mexico. PeaceKeepers is a ple, including 1,100 victims of domestic lized to prosecute crimes against domestic violence program that serves violence, 510 children and teens and 424 women. Because of the objections to individuals that reside within the abusers. As the name indicates, bringing up VAWA for debate in the Eight Northern Pueblos which include Esperanza offers women and families Senate, the original VAWA was al- the pueblos of Nambe, Picuris, hope. Hope that they can live in a safe lowed to expire on September 30th. Pojoaque, San Ildefonso, San Juan, home, hope that they can survive out- That should not have happened. The Santa Clara, Tesuque and Taos. Peace- side of an abusive relationship and House of Representatives voted over- keepers is a consortium of individuals hope that they can offer a better life whelmingly in favor of reauthorizing and is comprised of social workers, for their children. Esperanza has pro- VAWA by a vote of 415–3 before VAWA counselors, victims advocates, a civil vided the supportive services needed expired. We need to reauthorize the Vi- attorney and a prosecutor. Because of for victims that reside in the extensive olence Against Women Act and we need VAWA grants, PeaceKeepers has been rural areas of New Mexico—victims to do it now. able to implement a comprehensive ap- who were often overlooked before While violence in the United States proach to address domestic violence in VAWA. has fallen dramatically over the past 6 Indian Country. I am very disappointed that it has years, the Bureau of Justice Statistics The social workers and counselors taken so long for the Senate to take up reports that almost one-third of women provide counseling to victims, and reauthorize VAWA. Last year when murdered each year are killed by a hus- batterers and children of victims. Ap- the reauthorization bill was introduced band or boyfriend. I believe the drop in proximately twenty men have com- by Senator BIDEN, I agreed to cospon- crime we have experienced over the pleted the 24 week batterers therapy sor the legislation because I under- past 6 years is partly attributable to program and are working to improve stand the importance of VAWA to New the passage of VAWA and the resources their lives and the lives of their fami- Mexico. Since 1994, New Mexico agen- it made available to combat violence lies. The victims advocates provide cies have received over $17 million in against women. We should not turn support in court, assist with obtaining VAWA grants. These VAWA grants back the clock and go back to the level and enforcing protection orders and aid have reached all four corners of my of violence we experienced in 1993. We victims with legal matters and basic state and they have impacted the lives should not go back to the days when people did not discuss domestic vio- housing needs. The prosecutor on the of thousands of New Mexicans. lence and women in abusive relation- Peacekeepers panel is made possible One of the benefits of VAWA is that ships lacked options for them and their because of a VAWA Rural Victimiza- it authorized grants to address a vari- children. tion grant. ety of problems associated with vio- I commend Senator LEAHY and Sen- PeaceKeepers also provides training lence against women. In 1999, Northern ator BIDEN for their work on VAWA for tribal courts, law enforcement and New Mexico Legal Services, Inc. re- and their commitment to stopping do- tribal government personnel on domes- ceived $318,500 under the Civil Legal mestic violence in this country. The tic violence issues. The civil attorney Assistance grant program. In 1998, the amendments to VAWA will take the also assists victims with legal assist- City of Albuquerque received $482,168 program further and expand the num- ance on matters such as child support, under the Grants to Encourage Arrest ber of people benefitting from VAWA custody issues and protection orders. Policies grant program. And between grants. I am pleased that the amount Safety for victims and accountability 1996 and this year, 20 New Mexico orga- available for use by Indian tribal gov- for offenders is the primary goal of nizations received grants under the ernments under the STOP grants was PeaceKeepers. In the end, Peace- Rural Domestic Violence and Child increased from 4 percent to 5 percent. Keepers is about providing informa- Abuse grant program—20 grants total- In addition, 5 percent of the $40 million tion, options and advocacy to victims ing over $6.5 million. Rural Domestic Violence and Child In addition, Indian tribes in New of domestic violence. Abuse Enforcement grants will be set When VAWA passed in 1994, the Mexico have benefitted significantly aside for use by Indian tribal govern- States and local organizations were fi- from the passage of VAWA. So far, nine ments in the new bill. nally provided with the resources they tribal governments and tribal-related I am also pleased to see that institu- needed to implement programs to re- organizations received nearly $2 mil- tions of higher education will be pro- spond to the problem of violence lion in grants under the Violence vided with resources to address vio- against women. I am told repeatedly by Against Women Discretionary Grants lence on college campuses. Schools will sheriffs in counties throughout New for Indian Programs. I am pleased to now be able to utilize $30 million in Mexico that their urgent calls are usu- see that the pueblos of Acoma, Jemez, VAWA grants to install lighting and ally the result of a domestic violence Laguna, San Felipe, Santa Ana and other deterrent measures to enhance situation occurring. While VAWA has Zuni have been proactive and sought the security of their campuses. not stopped domestic violence from out these VAWA grants to make their I also support the addition of transi- occuring, it has provided law enforce- pueblos a safer place for women and a tional housing assistance to the ment agencies and courts with the better place for families. The State of VAWA. Many individuals who stay in training and resources they need to re- New Mexico has also benefitted enor- abusive relationships often do so be- spond to domestic violence cases. Most mously from VAWA. Since 1995, the cause they are financially dependent importantly, VAWA has provided New Mexico Crime Victims Repara- on their abuser. Transitional housing States and local organizations with the tions Commission has been awarded assistance will provide these victims resources to begin tackling the under- over $6 million in VAWA funds. and their families with temporary lying problems of domestic violence Unless VAWA is reauthorized, domes- housing while they regain their finan- and given them resources to develop in- tic violence shelters in New Mexico cial independence. novative methods to start breaking the will be closed, rape crisis centers will The battered immigrant women pro- cycle of violence in our communities. be shut down and thousands of victims vision is also important to many New Another organization in New Mexico of violence will be left without the op- Mexico residents. No longer will bat- that I am proud to support is the tions they have been provided under tered immigrant women and children Esperanza Domestic Violence Shelter VAWA. This isn’t speculation. I have be faced with deportation for reporting in northern New Mexico. I became ac- received calls from police chiefs, shel- an abuser on whom they may be de- quainted with Esperanza a few years ter directors, church leaders, and other pendent on for an immigration benefit.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22104 CONGRESSIONAL RECORD—SENATE October 11, 2000 No person residing in the United States Extension of the discretionary grant Act, VAWA, which has provided an un- should be immune from prosecution for program which mandates and encour- paralleled level of support for programs committing a violent crime because of ages police officers to arrest abusers; to end domestic and sexual violence. a loophole in an immigration law. Creation of a five percent set aside VAWA grants have made it possible for Mr. President, VAWA is worthy legis- towards State domestic violence coali- communities across the nation to pro- lation that is good for New Mexico and tions; vide shelter and counseling for hun- women and families across the coun- Extension of state programs that dreds of thousands of women and their try. VAWA should be reauthorized and deal with domestic violence in rural children. Since 1995, more than $1.5 bil- passed in the form proposed today. areas; and lion has been appropriated under Mr. JEFFORDS. Mr. President, I rise Establishment of a new grant pro- VAWA’s grant programs. Michigan has today to enthusiastically support this gram to educate and train providers to been awarded about $50 million in Fed- conference report which contains the better meet the needs of disabled vic- eral grants under VAWA. Those grants important reauthorization of the Vio- tims of domestic violence. provided invaluable resources to sur- lence Against Women Act (VAWA). In addition, I want to thank Senator vivors of domestic and sexual violence Over five years ago, Congress recog- HATCH and Senator BIDEN for including in Michigan. For example, Rural grants nized the need for the Federal Govern- a reauthorization of the Family Vio- have permitted 12 rural counties in ment to take action and help combat lence Prevention and Services Act in Michigan to hire full time advocates domestic violence by passing VAWA. I the Violence Against Women Act. As for providing services to victims was proud to be a cosponsor of that im- the primary source of funding for local through outreach programs. VAWA portant legislation and have been shelters, the Family Violence Preven- Civil Legal Assistance Grants have al- pleased with the positive impact it has tion and Services Act is a vital corner- lowed more than 5 Michigan commu- had in Vermont and around the United stone in the Federal response to domes- nities to develop Civil Legal Assistance States. tic violence. This reauthorization en- Programs, which provide quality legal The Vermont Network Against Do- sures that this program can continue assistance to hundreds of women and mestic Violence and Sexual Assault to grow with an increased authoriza- children. In addition, 35 Sexual Assault has been a leader in creating innova- tion level. The Family Violence Pre- Services Programs and more than 20 tive and effective programs toward our vention and Services Act is normally Sexual Assault Prevention Programs goal of eliminating domestic violence. part of the Child Abuse Prevention and have been created or strengthened in Vermont has used funding under Treatment Act reauthorization process our state as a direct result of VAWA. VAWA to provide shelter to battered which is scheduled to be completed Furthermore, VAWA has been tre- women and their children and ‘‘wrap- next year. As Chairman of the Com- mendously successful in the training of around’’ services for these victimized mittee on Health, Education, Labor judges, court personnel, prosecutors, families. Through VAWA, Vermont has and Pensions, I will be working with police and victims’ advocates. Mary also been able to help victims access domestic violence organizations to see Keefe, Executive Director of the Michi- legal assistance in the form of trained what, if any, changes need to be made gan Coalition Against Domestic and attorneys and advocacy services. In ad- in the Family Violence Prevention and Sexual Violence, explained in a letter dition to fully utilizing funding avail- Treatment Act to increase its capacity to me that ‘‘with the heightened train- able to train and educate law enforce- to serve the victims of family violence. ing of police, prosecutors, and other in I am pleased with the fine work of ment and court personnel, I am proud the criminal justice field, many of Senators BIDEN and HATCH in crafting to say that Vermont is a national lead- these systems are now routinely refer- er in the education and training of the original VAWA, and that these two ring the victims they encounter to do- health care, welfare and family service Senators were able to further formu- mestic violence and rape crisis pro- workers who are likely to come in con- late a bipartisan, compromise version of this reauthorization which I was grams.’’ tact with victims of domestic violence. VAWA programs have been especially While we have made advances in happy to cosponsor. important to women in rural commu- combating domestic violence in Since July, I have both written and nities, where support networks had Vermont and all around the United talked to the Majority Leader calling been limited due to distance. Here is States by programs funded through for Senate consideration of this impor- just one case of such a victim—for- VAWA, there is still more work to be tant legislation. While it was some- warded to me from the Michigan Coali- done. Every nine seconds across the what delayed, I am grateful that the tion Against Domestic and Sexual Vio- country an individual falls victim to Senate will be endorsing the reauthor- domestic violence. Recently, this sta- ization of VAWA today. While the re- lence—whose life was possibly saved by tistic was brought home when churches authorization of VAWA is an impor- a VAWA grant. and town halls in Vermont rang their tant step, I remain committed to con- ‘‘Jamie’’ (not her real name) was referred tinuing to enact legislation to elimi- to the Domestic Violence Program by the bells in recognition and to raise aware- Prosecutor. Jamie had shared with the pros- ness of this tragic violence that im- nate domestic violence in Vermont and ecutor that she was ‘‘afraid for life,’’ and pacts so many lives. We must continue all around the United States. that she was afraid to participate in prosecu- and strengthen our focus on this im- Mr. LEVIN. Mr. President, today the tion because of repercussions she may have portant issue. Senate is taking up and voting on the to bear from her assailant. She soon fell out I was proud to be an original cospon- Trafficking Victims Protection Act of contact with the prosecutor and the case sor of this reauthorization when it was Conference Report, which includes the against her assailant was on shaky ground. introduced this June, and feel that this reauthorization of the Violence The county prosecutor referred Jamie to legislation made many important im- Against Women Act. I commend the the VAWA funded advocate. She came to the sponsors of the Trafficking Victims program in January, reluctant and fearful, provements and additions to the pro- but open to talking to the advocate. The ad- grams and funding of VAWA while en- Protection Act. It is estimated that ap- vocate was able to provide two full days of suring the maintenance of its core proximately 50,000 women and children intensive interaction with this survivor. focus of combating domestic violence. are trafficked in the United States Counseling her, preparing a safety plan for Some important provisions of this leg- every year, many of whom are sexually her and her children, telling her how the islation to Vermont include: exploited and forced into involuntary legal system works and preparing her for Reauthorization of current domestic servitude. This bill will provide a com- what she could expect each step of the way. violence programs through the Depart- prehensive approach to prevent traf- The advocate was actually able to pick ment of Health and Human Services Jamie up, drive her to court each time, sit ficking as well as ensure vigorous pros- by her, reassure her throughout the process, and increasing funding for these pro- ecution of those involved in this de- listen to her when she was angry and fearful, grams so they can provide more shelter plorable practice. explain what was going on, and nurture her space to accommodate more people in I am also pleased that this bill in- through the process of being a witness to need; cludes the Violence Against Women this case.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22105 The perpetrator was eventually convicted private and personal issue or because of America. She said: ‘‘Women learn early on several counts, and is serving time in the the fear of a repeated attack by the as- which streets are safe to walk on, when County jail. sailant. it’s safe to be there and even how to Jamie has begun picking up the pieces of her life and is hopefully on the road to safe- In my view, Congress must continue walk (hands wrapped around keys, eyes ty. to address domestic violence in a com- straight ahead). We accept that we Despite the successes of VAWA, al- prehensive manner by providing re- must pay for our safety in the form of most 900,0000 women continue to be sources for states and communities to cabs and doorman buildings in more ex- victims of domestic violence each year, disseminate education about domestic pensive neighborhoods.’’ What a sad making it the number one health risk violence; provide counseling to the vic- statement. The threat of violence is pervasive, for women between the ages of 15 and tim, the aggressor, and any children in and as Ms. Starr writes, it influences 44. This Violence Against Women Act the family; and ensure shelter to every every decision a woman makes. Every Reauthorization will build on the suc- person and child who needs to leave time a woman changes her pattern of cesses of VAWA by more than doubling their home due to domestic violence. It behavior—for example, when she walks the amount available for programs to is also important that health profes- home from work a different way—in support women and children subject to sionals are trained to identify and order to avoid potential violence such domestic abuse. treat the medical conditions arising Although I support the underlying from domestic violence. This is a crime as rape, stalking, domestic assault, she Trafficking Victims Protection Act, I that we must put an end to and we is ultimately making a decision about am concerned about a provision in this must let those people who are suffering how to live her life. The original Violence Against bill referred to as Aimee’s Law. When know there is help on the way. Women Act, enacted in 1994, was a the Senator from Pennsylvania intro- Violence knows no gender barriers, landmark piece of legislation. For the duced this provision as an amendment but we must not turn a blind eye to the first time, Congress took a comprehen- to he juvenile justice bill, I was one of fact that women are especially likely sive look at the problem of violence the few who voted against it. I under- to be vulnerable to danger and crime. against women, created the programs, stand the positive motive of those who The Violence Against Women Act is a and funded the shelters to help women support this provision and I agree that critical tool in our fight to combat do- out of these violent situations. Since we should act to limit the number of mestic violence across America. It is then, thousands of women across the tragedies that occur when persons con- an absolutely essential bill for our country have been given the oppor- victed of serious offenses are paroled mothers, our daughters, our sisters, tunity to free themselves from vio- and then subsequently commit the relatives, friends, and co-workers. lence. same offense, but I do not support this One of the most important issues fac- ing women today is the threat of vio- But the problem of violence against unworkable procedure. women has not been solved in these six I remain concerned that this bill will lence. Three to four million American years since the original bill was signed federalize state criminal court sys- women are battered by their husbands into law. We must continue to talk or partners every single year. At least tems. Currently, the crimes covered in about ways in which we can guarantee a third of all female emergency room this bill are defined differently in dif- women’s safety, further secure wom- patients are battered women. A third ferent states, which is appropriate en’s rights, and strengthen our ability of all homeless women and children in since the 50 state court systems handle as a nation to protect those inalienable the U.S. are fleeing domestic violence. 95 percent of all criminal cases in this rights as guaranteed under the Con- At least 5,000 women are beaten to country. It is inappropriate to apply stitution. federal definitions and federal sen- death each year. A woman in the After all, how can we defend a wom- tencing guidelines to criminal cases United States is more likely to be as- an’s right to ‘‘life, liberty, and the pur- tried in state courts. I also remain con- saulted, injured, raped, or killed by a suit of happiness’’ when we cannot as a cerned about how the penalties will be male partner than by any other assail- nation protect women from ‘‘Rape, bat- imposed since the average terms of im- ant. And women are six times more tery, and the onslaught of violence?’’ prisonment imposed by states are dif- likely than men to be the victims of a The Violence Against Women Act of ferent than actual lengths of imprison- violent crime. 2000 reauthorizes these fundamental ment and the cost of incarceration can This is more than just a nightmare programs. The bill provides funding for not be known unless one can predict for women. It is an America that mil- grants to prevent campus crimes life expectancy. lions of women and girls must wake up against women; extends programs to On balance, I will vote for this Con- to each day. It is a grim reality mil- prevent violence in rural areas; builds ference Report because I strongly sup- lions of women and girls must enter on the progress we have made in con- port the Trafficking Victims Protec- each day of their lives just to go to structing shelters for women who are tion Act and Violence Against Women work or attend school. It is real life victims of violent crimes; and Act. America for millions of women and strengthens protections for older Ms. SNOWE. Mr. President, I rise girls. And it is an unspeakable tragedy. women from violence. today in support of the Violence How many of us were shocked in I believe that no matter whatever Against Women Act of 2000, which is June to read that women were at- else Congress does for women—from en- included in the conference report for tacked in New York City’s Central acting public policies and designing the Trafficking Victims Protection Act Park in broad daylight following a pa- specific programs aimed to promote (H.R. 3244). Current authorization for rade? For days afterward we read head- women’s health, education, economic these programs expired at the end of lines entitled ‘‘Defenseless in the security, or safety, we must also en- September, and I believe that we must Park’’ . . . ‘‘Six More Arrested in Sex sure that women have equal protection take immediate action to ensure that Attacks in Park’’ . . . ‘‘Police Study under our country’s law and in our con- these programs are reauthorized before Central Park Mob’s 35-Minute Binge of stitution. Reauthorizing the Violence we go home. This bill has broad sup- Sexual Assault.’’ The litany of tragedy Against Women Act programs is an im- port on both sides of the aisle, with 73 and violence against the women as- portant step in this direction. cosponsors. saulted that day in Central Park paints It isn’t often that Congress can claim Domestic violence, no matter who a full, stark and disheartening picture to enact a law that literally may mean commits it, is an extremely serious and of a nation unable to protect a wom- life or death for a person. The Violence tragically common crime that dev- an’s safety. Against Women Act is such a law, and astates families and takes a great toll One of the victims, Emma Sussman I urge my colleagues to join me in sup- on our society. Moreover, domestic vio- Starr, wrote the New York Times porting this bill. lence often goes unreported, in large about her attack and about the preva- Mr. BIDEN. Mr. President, we will part because the incident is seen as a lence of violence against women in not have the opportunity to vote today

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22106 CONGRESSIONAL RECORD—SENATE October 11, 2000 on the merits of Aimee’s Law, but in- leased offender commits another quali- committed against her, against her stead, on a jurisdictional issue regard- fying crime. The law even requires the family, and, indeed against all of us. ing whether the bill was properly in- Attorney General to consult with the All of us in this body feel horrible cluded in the Sex Trafficking Con- governors of those States with federal about that crime and its consequences. ference Report. Because I believe the funds at risk to establish a payment But that does not absolve us of the jurisdictional objection is unfounded schedule. It’s no wonder that the na- duty to analyze legislation that comes and I am unwilling to jeopardize the tion’s governors so strongly oppose before us, even if it bears the name of passage of the other significant pieces this law. a child who was tragically killed. This of legislation included in the Con- As a constitutional matter, I have legislation violates important prin- ference Report—most importantly, the grave concerns about Aimee’s Law’s ciples of federalism. It will handcuff Biden-Hatch Violence Against Women seeming disregard of basic principles of our states in their fights against vio- Act of 2000—I will vote against Senator federalism. Congress’s spending author- lent crime. And most important, it just THOMPSON’s point of order. ity is undeniably broad. But I have se- won’t work. It won’t accomplish what I supported a similar version of rious reservations about the wisdom its sponsor and supporters say they Aimee’s Law in the form of an amend- and constitutionality of a law that, in- want to accomplish. So I support Sen- ment to the Juvenile Justice bill last stead of clearly conditioning a federal ator THOMPSON’s point of order and year. Upon reflection, however, I be- grant upon a State’s performance of a hope my colleagues will as well. lieve that my support was misplaced. I specific and clearly stated task, penal- Before turning to the bill itself, let am troubled by this legislation from izes a State for conduct that occurs me again compliment the Senator from both a practical and a constitutional after the fact and that is not entirely Tennessee. He has shown time and time perspective. within the State’s control—the offend- again that his commitment to fed- Aimee’s Law requires the Attorney er’s commission of another serious eralism is principled and real. He does General, in any case in which a State crime in another State. In this sense, not oppose federal intrusion into state convicts an individual of murder, rape, Aimee’s Law is far more onerous and affairs as a political tactic, as I fear so or a dangerous sexual offense, when far less respectful of fundamental prin- many of my colleagues do. He truly be- that individual has a prior conviction ciples of federal-state comity than a lieves that our states deserve auton- for any one or more of those offenses in straightforward law conditioning fed- omy and is willing to stand up for another State, to transfer federal law eral spending upon the States’ adop- them, even when it is politically un- enforcement assistance funds that have tion of more stringent sentencing popular, as it no doubt is here. been allocated to the first State in an laws—the likely result of this legisla- I want the Senator from Tennessee to amount equal to the costs of incarcer- tion. In a climate in which the U.S. Su- know that I respect his principles as ation, prosecution, and apprehension of preme Court is quick to strike down well as support them. We miss his judg- that individual, to the second State. Acts of Congress that, in the Court’s ment and restraint, I must say, in the The bill contains a ‘‘safe harbor’’ ex- view, infringe upon the States’ prerog- Judiciary Committee on which he empting from this substantial penalty atives, Aimee’s Law, I fear, presents an served until the beginning of this Con- those States in which No. 1 the indi- all too inviting target and needlessly gress. vidual offender at issue has served 85 risks creating bad precedent regarding Here, of course, we are not preparing percent or more of his term of impris- the scope of Congress’s spending au- to pass a new federal murder, rape, or onment, and No. 2 the average term of thority. sexual offense statute. But we might as imprisonment imposed by the State for It is my hope that Congress and the well do that because in Aimee’s Law we the prior offense at issue is at or above President will monitor the operation of are forcing the states through the use the average term of imprisonment im- this law and revisit it if necessary. of federal law enforcement assistance posed for that offense in all States. The PRESIDING OFFICER. The Sen- funds to increase their penalties for As a practical matter, this bill can ator from Wisconsin. these offenses. Since when is it the only promote a ‘‘race to the top,’’ as Mr. FEINGOLD. Mr. President, I rise province of the federal government to States feel compelled to ratchet up to thank the Senator from Tennessee determine the sentences for state their sentences—not necessarily be- for having the courage to speak out crimes? That is what we are doing cause they view such a shift as desir- against this ill-advised legislation here. able public policy—but in order to known as Aimee’s law. I say he has Mr. President, in addition to fur- avoid losing crucial federal law en- courage because there is a lot of emo- thering the federalization of the crimi- forcement funds. Ironically, those tion involved in any debate concerning nal law, this provision is very poorly States that are apt to benefit most serious violent crime such as murder, thought out. As the National Gov- from federal law enforcement assist- rape, or other sexual offenses. Some ernors Association, the National Con- ance may well be those with the poor- have said it is dangerous to vote ference of State Legislatures, the est record of keeping dangerous offend- against, much less speak against, any Council of State Governments and the ers behind bars, the same States likely crime bill that is named after a real Department of Justice have told us, it to lose these valuable crime-fighting person. That is certainly the case here won’t work. Even if states wish to com- funds. Nor can States readily assess in this incredibly tragic case that ply with this law they won’t be able to where they stand relative to other underlies this legislation. do. States since they are always striving I also know that anything goes in a Here’s why: Under this bill, if a per- to hit a moving target and maintain conference, including adding provisions son who has been convicted of a mur- sentences at or above an elusive aver- for political reasons that do not with- der, rape or dangerous sexual offense is age of all state sentences for various stand even the most basic scrutiny of released from prison and commits a se- qualifying offenses. whether they will work or can even be rious crime in another state, the origi- The law also will spawn an adminis- understood by the people or the enti- nal state becomes liable to the second trative nightmare for the Attorney ties that are supposed to abide by state for all the costs of investigation, General, who is charged under the leg- them. prosecution, and incarceration of the islation with the responsibility of con- I am sorry to say that Aimee’s law is second crime. To avoid that liability, stantly tabulating and retabulating bad law—perhaps well intentioned—but which the Attorney General must en- the average sentences across the na- bad law. I will support the Thompson force through reallocation of the sec- tion for a host of different serious of- point of order in order to state my ob- ond states’ federal law enforcement as- fenses, as well as with the responsi- jection to this provision. sistance funds, the second state must bility of keeping track of which State’s The young woman who inspired this comply with two conditions. federal funds should be reallocated to bill was tragically raped and murdered First, it must make sure that persons which other States every time a re- in Pennsylvania. A shocking crime was convicted of these serious offenses

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22107 serve at least 85 percent of their sen- Currently, 38 states have the death Aimee’s law provides that in any case in tences. So far, so good. States can com- penalty for some crimes. That is more which a person is convicted of a dangerous ply with that federal sentencing re- than half the states. Now I am not sure sexual offense, murder or rape, and that per- quirement if they want to avoid risk- how you calculate an average sentence son has been previously convicted of that of- fense in another state, the state of the prior ing their federal money. But the fed- when some jurisdictions use the death conviction will incur fiscal liabilities. It will eral coercion doesn’t stop there. The penalty. But there would certainly be a have deducted from its federal criminal jus- state must make sure that the average strong argument that the states that tice funds the cost of apprehension, prosecu- sentence for the original crime is do not use the death penalty will risk tion and incarceration of the offender. These greater than the average sentence for losing federal law enforcement assist- funds will then be transferred to the state such crimes in all the states. This is a ance funds if a convicted murderer is where the subsequent offense occurred. remarkable condition, Mr. President, let out on parole and commits another This legislation has a very confusing array of provisions. For example: that actually makes it impossible for serious crime. Basically, this policy 1. Retroactivity—While this bill has an ef- all 50 states to be in compliance at any could force states to either enact the fective date of January 1, 2002, it doesn’t ap- one time. death penalty or never release a person pear to have an applicability section that is Now Mr. President, think about this. convicted of murder on parole. normally drafted into bills introduced in the Suppose a state determines that its av- Now maybe that is what some people Wisconsin legislature. Many states have erage sentence for rape is 20 years, but want. But I believe that whether to im- passed truth-in-sentencing laws that make the average for all states for that pose the ultimate penalty of death them eligible for federal grant money. How- crime is 25 years. So the state raises its should be up to the states and their ever, a state cannot change the sentencing structure for persons sentenced under a prior sentence to 26 years. That act will citizens. Federal coercion has no place law. Wisconsin’s truth-in-sentencing law itself change the average sentence for in this question of conscience. A num- (TIS) applies to persons who commit a felon all the states, possibly putting other ber of states, including my own, have on or after December 31, 1999 and inmates states under the average and encour- long and proud histories of opposition must serve 100% of the term of imprisonment aging them to raise their sentences. to the death penalty. We should not imposed by the court. The average sentence for all the states use federal funds to force them to 2. Section (3)(a), ‘‘the average term of im- will therefore almost never be constant change their positions. prisonment imposed by State . . .’’ does not or predictable. Every time a state specify the term nor time period in which If this bill had gone through the Ju- the averaging figure applies—does it apply at changes its sentencing guidelines to diciary Committee, some of the dif- the time of sentencing for a similar crime try to get above the average, the aver- ficulties in interpreting and applying it across all states? Is the average for a specific age will change and other states will be might have been worked out. Here all time frame? Does the sentencing average forced to revise their own sentences. the negotiating has gone on behind only apply to cases sentenced to prison, or We will have rolling averages and no closed doors. This is what happens does it include persons sentenced to a jail certainty in sentencing or in the avail- when the normal legislative process is term and probation? We don’t know what the ability of federal money for important circumvented as it has been so often nationwide average is now and this figure will constantly be changing. state law enforcement purposes. this year. It’s now the norm for the 3. Determination of Comparable State And that does not even take into ac- majority to look for conference reports Statutes—There is no uniform criminal code count that the average sentence for an as vehicles for bills that they want to for all states. It will be very difficult to de- individual state will even sometimes enact without going through the legis- termine comparable state statutes to ‘‘Dan- change as different criminals are con- lative process. gerous Sexual Offense,’’ ‘‘Murder,’’ and victed and sentenced to slightly dif- We used to have a rule, as my col- ‘‘Rape.’’ This will be subject to significant ferent terms. So the averages that leagues know, that prevented items variation across the nation. states are supposed to keep track of in This bill pits each state against the others. from being added to a conference re- The costs associated with administration of order to keep their law enforcement as- port that were beyond the scope of the the law, and the resulting ‘‘loss’’ of funds sistance funds will literally change day conference. Last year, the minority may be greater than the grant funds to by day. This bill is an administrative leader offered an amendment to restore which the state would otherwise be entitled. nightmare for our states, even if they the rule, but it was voted down on a States may opt to not administer the law want to comply. near party line vote. (not ‘‘charge’’ another state) so that another I ask unanimous consent that a let- So now, anything goes in a con- state will not charge them. Enforcement of ter from the Secretary of the Wis- ference, including adding provisions for this law will be dependent upon each state consin Department of Corrections in agreeing to fully implement its provisions. purely political reasons that don’t If the intent of the bill is to insure that opposition to this bill be printed in the withstand even the most basic scrutiny each state has implemented TIS, retroactive RECORD at the conclusion of my state- of whether they will work, or can even application is unnecessary. You only need to ment. be understood by the people or entities apply the bill to states that haven’t passed The PRESIDING OFFICER. Without that are supposed to abide by them. I TIS and exempt those that have enacted objection, it is so ordered. am sorry to say that Aimee’s law is bad laws that require at least 85% of a term of (See Exhibit 1.) law. Perhaps well-intentioned, but bad imprisonment to be served. Given the complexity of administering this Mr. FEINGOLD. After setting out a law. I will support the Thompson point number of the difficulties of complying bill and the pitting of one state against an- of order in order to state my objection other, I don’t believe this legislation will en- with this bill, Secretary Jon Litscher to this provision. hance the criminal justice system. concludes the following: I yield the floor. Thank you for taking the time to consider Given the complexity of administering this EXHIBIT 1 my comments. bill and pitting one state against another, I Sincerely, STATE OF WISCONSIN, don’t believe this legislation will enhance JON E. LITSCHER, DEPARTMENT OF CORRECTIONS, the criminal justice system. Secretary. Madison, WI, October 10, 2000. I believe that Mr. Litscher’s view is Hon. RUSSELL D. FEINGOLD, The PRESIDING OFFICER. The hour shared by criminal justice profes- U.S. Senator, of 4:30 p.m. having arrived, under the sionals all over the country, along with Washington, DC. previous order the Senate will now pro- Governors and other elected officials, DEAR SENATOR FEINGOLD: It has come to ceed to a vote in relation to the appeal all of whom are working just as hard to my attention that the provisions of H.R. 894 of the Senator from Tennessee. The reduce violent crime as the sponsors of (Aimee’s Law) have been attached to other question is, Shall the decision of the this bill. legislation that may be considered by the United States Senate on Wednesday, October Chair stand as the judgment of the I cannot leave this topic of how this 11th. I am very concerned about the negative Senate? The yeas and nays have been provision creates a ‘‘race to the top’’ in fiscal/policy ramifications on the Depart- ordered. The clerk will call the roll. sentencing without commenting on ment of Corrections and the State of Wis- The assistant legislative clerk called how it will effect the death penalty. consin. the roll.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22108 CONGRESSIONAL RECORD—SENATE October 11, 2000 Mr. NICKLES. I announce that the Mr. REID. I announce that the Sen- Section 103 would prevent the Army Senator from North Carolina (Mr. ator from California (Mrs. FEINSTEIN), Corps of Engineers from revising the HELMS) and the Senator from Okla- the Senator from Massachusetts (Mr. operating manual for the Missouri homa (Mr. INHOFE) are necessarily ab- KERRY), and the Senator from Con- River that is 40 years old and needs to sent. necticut (Mr. LIEBERMAN) are nec- be updated based on the most recent I further announce that, if present essarily absent. scientific information. In its current and voting, the Senator from Okla- The PRESIDING OFFICER. Are there form, the manual simply does not pro- homa (Mr. INHOFE) would vote ‘‘yea.’’ any other Senators in the Chamber de- vide an appropriate balance among the Mr. REID. I announce that the Sen- siring to vote? competing interests, both commercial ator from California (Mrs. FEINSTEIN), The result was announced—yeas 95, and recreational, of the many people the Senator from Massachusetts (Mr. nays 0, as follows: who seek to use this great American KERRY), and the Senator from Con- [Rollcall Vote No. 269 Leg.] river. The bill would also undermine necticut (Mr. LIEBERMAN) are nec- YEAS—95 implementation of the Endangered essarily absent. Abraham Enzi McConnell Species Act by preventing the Corps of The result was announced—yeas 90, Akaka Feingold Mikulski Engineers from funding reasonable and nays 5, as follows: Allard Fitzgerald Miller much-needed changes to the operating [Rollcall Vote No. 268 Leg.] Ashcroft Frist Moynihan Baucus Gorton manual for the Missouri River. The YEAS—90 Murkowski Bayh Graham Murray Corps and the U.S. Fish and Wildlife Abraham Edwards McCain Bennett Gramm Nickles Service are entering a critical phase in Akaka Enzi McConnell Biden Grams Reed Allard Fitzgerald Mikulski Bingaman Grassley their Section 7 consultation on the ef- Reid fects of reservoir project operations. Ashcroft Frist Miller Bond Gregg Robb Boxer Hagel Baucus Gorton Moynihan Roberts This provision could prevent the Corps Bayh Graham Murkowski Breaux Harkin Rockefeller from carrying out a necessary element Bennett Gramm Murray Brownback Hatch Roth Biden Grams Nickles Bryan Hollings of any reasonable and prudent alter- Santorum Bingaman Grassley Reed Bunning Hutchinson native to avoid jeopardizing the contin- Sarbanes Boxer Gregg Reid Burns Hutchison Schumer ued existence of the endangered least Breaux Harkin Robb Byrd Inouye Brownback Hatch Roberts Campbell Jeffords Sessions tern and pallid sturgeon, and the Bryan Hollings Rockefeller Chafee, L. Johnson Shelby threatened piping plover. Bunning Hutchinson Roth Cleland Kennedy Smith (NH) Burns Hutchison Santorum Cochran Kerrey Smith (OR) In addition to the objectionable re- Byrd Inouye Sarbanes Collins Kohl Snowe striction placed upon the Corps of En- Campbell Jeffords Schumer Conrad Kyl Specter gineers, the bill fails to provide fund- Stevens Chafee, Lincoln Johnson Sessions Craig Landrieu ing for the California-Bay Delta initia- Cleland Kennedy Shelby Crapo Lautenberg Thomas Cochran Kerrey Smith (NH) Daschle Leahy Thompson tive. This decision could significantly Collins Kohl Smith (OR) DeWine Levin Thurmond hamper ongoing Federal and State ef- Conrad Kyl Snowe Dodd Lincoln Torricelli forts to restore this ecosystem, protect Craig Landrieu Specter Domenici Lott Voinovich Crapo Lautenberg Stevens Dorgan Lugar Warner the drinking water of 22 million Cali- Daschle Leahy Thomas Durbin Mack Wellstone fornians, and enhance water supply and DeWine Levin Thurmond Edwards McCain Wyden reliability for over 7 million acres of Dodd Lincoln Torricelli highly productive farmland and grow- Domenici Lott Warner NOT VOTING—5 Dorgan Lugar Wellstone Feinstein Inhofe Lieberman ing urban areas across California. The Durbin Mack Wyden Helms Kerry $60 million budget request, all of which NAYS—5 The conference report was agreed to. would be used to support activities Bond Hagel Voinovich Mr. LOTT. Mr. President, I move to that can be carried out using existing Feingold Thompson reconsider the vote, and I move to lay authorities, is the minimum necessary NOT VOTING—5 that motion on the table. to ensure adequate Federal participa- tion in these initiatives, which are es- Feinstein Inhofe Lieberman The motion to lay on the table was Helms Kerry agreed to. sential to reducing existing conflicts among water users in California. This The PRESIDING OFFICER. On this f funding should be provided without leg- vote, the yeas are 90; the nays are 5. ENERGY AND WATER DEVELOP- islative restrictions undermining key The decision of the Chair stands as the MENT APPROPRIATIONS ACT OF environmental statutes or disrupting judgment of the Senate. 2001—VETO Mr. HATCH. Mr. President, I move to the balanced approach to meeting the reconsider the vote. The PRESIDING OFFICER. The Sen- needs of water users and the environ- Mr. SANTORUM. I move to lay that ate having received a veto message on ment that has been carefully developed motion on the table. H.R. 4733, under the previous order, the through almost 6 years of work with The motion to lay on the table was message is considered as having been the State of California and interested agreed to. read, the message will be printed in the stakeholders. The PRESIDING OFFICER. The RECORD and spread in full upon the The bill also fails to provide suffi- question is on agreeing to the con- Journal, and referred to the Committee cient funding necessary to restore en- ference report. on Appropriations. dangered salmon in the Pacific North- Mr. BROWNBACK. Mr. President, I The veto message ordered to be print- west, which would interfere with the ask for the yeas and nays. ed in the RECORD is as follows: Corps of Engineers’ ability to comply The PRESIDING OFFICER. Is there a To the House of Representatives: with the Endangered Species Act, and sufficient second? There is a sufficient second. I am returning herewith without my provides no funds to start the new con- The clerk will call the roll. approval, H.R. 4733, the ‘‘Energy and struction project requested for the The legislative clerk called the roll. Water Development Appropriations Florida Everglades. The bill also fails Mr. NICKLES. I announce that the Act, 2001.’’ The bill contains an unac- to fund the Challenge 21 program for Senator from North Carolina (Mr. ceptable rider regarding the Army environmentally friendly flood damage HELMS) and the Senator from Okla- Corps of Engineers’ master operating reduction projects, the program to homa (Mr. INHOFE) are necessarily ab- manual for the Missouri River. In addi- modernize Corps recreation facilities, sent. tion, it fails to provide funding for the and construction of an emergency out- I further announce that if present California-Bay Delta Initiative and in- let at Devil’s Lake. In addition, it does and voting, the Senator from Okla- cludes nearly $700 million for over 300 not fully support efforts to research homa (Mr. INHOFE) would vote ‘‘yea.’’ unrequested projects. and develop nonpolluting, domestic

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22109 sources of energy through solar and re- vote on the motion and, if waived, a who made this possible. We are within newable technologies that are vital to vote occur immediately on adoption of 1 millimeter of resolving this problem. American’s energy security. the conference report, without any in- It has just been addressed to me. This Finally, the bill provides nearly $700 tervening action, motion, or debate. is the first time I heard it. I know the million for over 300 unrequested Mr. REID. Reserving the right to ob- Senator very well and we are going to projects, including: nearly 80 ject, I say to the majority leader we see what we can do to work this thing unrequested projects totaling more have no problem going to the bill. We out. So I think the Senate can assume than $330 million for the Department of have a problem with the time right that what the leadership has presented Energy; nearly 240 unrequested now. There is one Senator over here here, this unanimous consent request, projects totaling over $300 million for trying to work something out with can be accepted in the course of the the Corps of Engineers; and, more than both majority and minority staff. We day. 10 unrequested projects totaling in ex- feel confident that can be done. But I Mr. LOTT. OK. cess of $10 million for the Bureau of think it would be to everyone’s best in- Mr. WARNER. This will be the 39th Reclamation. For example, more than terest if we stop the unanimous con- consecutive authorization bill for the 80 unrequested Corps of Engineers con- sent agreement after the word ‘‘read’’ Armed Forces of the United States by struction projects included in the bill on the first paragraph. the Senate. And it is an absolute must would have a long-term cost of nearly Mr. LOTT. Mr. President, I am sure piece of legislation, as our distin- $2.7 billion. These unrequested projects there is a good faith effort being made guished leader and the distinguished and earmarks come at the expense of here. So I will revise my unanimous Democratic whip said. other initiatives important to tax- consent request. The PRESIDING OFFICER. Without paying Americans. But let me emphasize to all the Mem- objection, it is so ordered. The American people deserve govern- bers that this is a very important bill. f ment spending based upon a balanced Some people think: We have passed the approach that maintains fiscal dis- Defense appropriations bill, the mili- UNANIMOUS CONSENT REQUEST— cipline, eliminates the national debt, tary construction appropriations bill; H.R. 4461 extends the solvency of Social Security what do we need an authorization bill Mr. LOTT. Mr. President, I ask con- and Medicare, provides for an appro- for? This is the bill that makes the law sent that at 10 a.m. on Friday the Sen- priately sized tax cut, establishes a that authorizes things for our military ate turn to the conference report to ac- new voluntary Medicare prescription men and women, including an increase company H.R. 4461, the Agriculture ap- drug benefit in the context of broader in pay, including the very important, propriations conference report, and it reforms, expends health care coverage laboriously worked out provisions with be considered under the following to more families, and funds critical in- regard to health benefits for our active agreement, with the time equally di- vestments for our future. I urge the duty men and women and their fami- vided in the usual form. Congress to work expeditiously to de- lies and our retirees. It also has the De- I ask consent that debate continue velop a bill that addresses the needs of partment of Energy language in which beginning at 9:30 a.m. on Tuesday and the Nation. the Presiding Officer has had so much proceed through the day. WILLIAM J. CLINTON. interest. This is really a big bill and an I ask consent the vote occur on adop- THE WHITE HOUSE, October 7, 2000. important bill. So I hope we can get tion of the Agriculture conference re- The PRESIDING OFFICER (Mr. agreement. I believe we will. port at 9:30 a.m. on Wednesday and VOINOVICH). The majority leader. Also, I emphasize that by spending 6 paragraph 4 of rule XII be waived. Mr. LOTT. Mr. President, we do have hours on this bill, you know that is The PRESIDING OFFICER. Is there some additional consent requests we time we could be spending on the Agri- objection? have been working on. I have a couple culture appropriations conference re- Mr. REID. Mr. President, reserving here and Senator MCCAIN has agreed to port or other conference reports that the right to object, we have no objec- allow us to do these. Then he has a may be ready by tomorrow afternoon. tion if we would move to this by a vote. couple of unanimous consents he wants So I hope we can get this locked up We would agree to a voice vote. We do to ask. The first has to do with the De- soon. not believe we can do this by consent. fense Department authorization bill for But, in view of the legitimate request Mr. LOTT. Mr. President, if I could the next fiscal year. that was made by the Senator, I mod- ask the Senator to yield and make sure ify my unanimous consent request and I understand what he is saying, did you f end it after the words ‘‘considered as say we could do this by voice vote? UNANIMOUS CONSENT having been read’’ in the first para- Mr. REID. We would be willing for AGREEMENT—H.R. 4516 graph. you to move to proceed and we would Mr. LOTT. Mr. President, I ask unan- Mr. REID. Mr. President, reserving voice vote that. imous consent the Senate proceed to the right to object, I say to the major- Mr. MCCAIN. I object. the DOD authorization conference re- ity leader, I think the work done by Mr. LOTT. Mr. President, again, we port following the reconsideration vote Senator WARNER and Senator LEVIN on will keep working to try to get agree- on H.R. 4516 on Thursday, and the con- this bill has been exemplary. They ments accepted. I do not quite under- ference report be considered as having worked well together. This is a very stand why the Agriculture appropria- been read and debated under the fol- important bill. We on this side, the mi- tions bill cannot be debated tonight, lowing time agreement: 2 hours under nority, understand the importance of now, and voted on tomorrow. And I do the control of the chairman of the this legislation. As we speak, we are not understand why we cannot get an Armed Services Committee, 1 hour working with one of our Members to agreement to have debate on it on Fri- under the control of Senator GRAMM, get this worked out. day and Tuesday, and a vote on 21⁄2 hours under the control of Senator Maybe before the evening is over we Wednesday. I know there are Senators LEVIN, 30 minutes under the control of can get back and put in the time agree- who want to talk on it. That is their Senator WELLSTONE; That following ment. We just are not able to do that right in the Senate. But if we are ever the debate just outlined, Senator right now. But we want to make sure going to get this process completed, we KERREY be recognized to make a point we underscore what the leader has said. need to get the Agriculture appropria- of order and that the motion to waive This is an important bill. I really hope tions conference report done. the Budget Act be limited to 2 hours we can complete it before the end of I am still holding out some hope that equally divided in the usual form. the session. maybe the Commerce-State-Justice I further ask consent that following Mr. WARNER. Mr. President, I, first, conference report and even the Labor- the use or yielding back of time on the thank the distinguished leader and dis- HHS conference report could be agreed motion to waive, the Senate proceed to tinguished Democratic whip, all of us to and could be dealt with tomorrow in

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22110 CONGRESSIONAL RECORD—SENATE October 11, 2000 such a way we could have a vote on sibilities. These provisions were sought by conduct rulemaking to amend the safety them on Thursday or Friday. But we do the Administration in its proposed legisla- standards on tires, an action which is con- not have that yet. tion. H.R. 5164 also directs NHTSA to review sistent with the agency’s rulemaking plans. and report on its procedures for opening de- I will not read the whole letter, ex- Is there objection? fect investigations, a review which the agen- Mr. REID. Mr. Leader, if I could just cy has already begun, and directs NHTSA to cept the last paragraph: say before you withdraw the consent conduct rulemaking to amend the safety In the final days of the 106th Congress, we request, we would be willing, tonight, standards on tires, an action which is con- must not lose the opportunity to save lives to have you move to proceed to this sistent with the agency’s rulemaking plans. and prevent injuries. I urge the full Senate measure. The early warning section in H.R. 5164 en- to pass H.R. 5164 before the end of this ses- As I said, we would be agreeable to ables NHTSA to obtain information about sion. It is critically needed legislation. potential defects earlier than under current move to proceed to this bill by a voice Save lives and prevent injuries. law. The agency will use the information in I ask unanimous consent to print in vote and start the debate tonight. We deciding whether to open an investigation are not in any way trying to delay the and will be able to release information in the the RECORD a letter that was sent from consideration of this very important context of its investigation, as it does today. Ms. Claybrook, president of Public Cit- bill. Information that is not made a part of an in- izen, and others to the House of Rep- Mr. LOTT. I think the Senator knows vestigation could be released if NHTSA de- resentatives on October 9. there is a great difference between termines it would assist in carrying out the That letter says: agency’s investigative responsibilities. The moving to proceed and asking unani- DEAR REPRESENTATIVE: We are writing to bill contains a new section 30170 that aug- mous consent. For now, obviously, we urge the passage of H.R. 5164, despite its seri- ments the penalties under section 1001 of ous deficiencies. cannot get the unanimous consent title 18, United States Code, if a person in- agreement, so we will not be able to tentionally misleads the Secretary con- It ends up in the last part of the let- proceed. cerning a safety defect that results in death ter: In light of the discussions we have or serious injury. A ‘‘Safe Harbor’’ provision We urge you to vote to send this bill for- just had, and since we cannot get an would excuse the person from the augmented ward, to encourage the House managers to agreement on taking up Agriculture penalties, but would not excuse the person work with the Senate managers to improve now, the next votes will occur at 12:30 from other penalties under section 1001. The the legislation, and to make sure the author- Department of Justice will communicate p.m. tomorrow regarding HUD-VA and ity of NHTSA to protect the public safety is separately its views on the criminal provi- not degraded. related issues, and additional votes will sions. occur late tomorrow afternoon regard- The focus now turns to the Senate, where Even though there may be objections ing the DOD authorization conference you have been working diligently on passage from Ms. Claybrook and some of her report if we can get this time agree- of similar legislation, S. 3059, the Motor Ve- colleagues, the fact is she wrote to the ment worked out, and I assume we will hicle and Motor Vehicle Equipment Defect House urging a vote for this legislation be able to. With that, I yield the floor. Notification Improvement Act. Both of the at this time. I think it should be an im- bills contain several key provisions proposed portant part of the RECORD. f by the Clinton-Gore Administration. We are Finally, I do not view this as a pan- committed to ensuring that NHTSA has the acea. The Presiding Officer has signifi- TRANSPORTATION RECALL EN- authority to seek and receive information on HANCEMENT ACCOUNTABILITY potential defects; receives sufficient funding cant concerns. We had entered into a AND DOCUMENTATION ACT to carry out its expanded responsibilities; colloquy concerning his concerns. Those concerns are legitimate. I assure The PRESIDING OFFICER. The Sen- and has the authority to impose stiffer pen- alties to ensure compliance with U.S. motor the Senator from Ohio that the Sen- ator from Arizona. vehicle safety laws. ator from South Carolina and I will Mr. MCCAIN. Mr. President, in just a Also, Senate confirmation of the Presi- continue to work on this issue next few minutes I will propound a unani- dent’s nominee for Administrator of NHTSA year. I will tell the Senator from Ohio mous consent request concerning the would help implementation of this legisla- tion immeasurably. why: Because there is going to be more Transportation Recall Enhancement, people dying before this issue is re- Accountability, and Documentation In the final days of the 106th Congress, we must not lose the opportunity to save lives solved. Just this last weekend in Lou- Act. First, I ask unanimous consent and prevent injuries. I urge the full Senate isiana, a young boy, who was in a roll- that a letter I just received from the to pass H.R. 5164 before the end of this ses- over accident from a tire that shred- Secretary of Transportation be printed sion. It is critically needed legislation. ded, went into a coma. in the RECORD. Sincerely, I am pleased and gratified that the RODNEY E. SLATER. There being no objection, the letter Senator from South Carolina, who has was ordered to be printed in the Mr. MCCAIN. Mr. President, I will some differing views, as I do, on this RECORD, as follows: quote parts of the letter from Sec- bill, wants to see it perfected, as does THE SECRETARY OF TRANSPORTATION, retary Slater: the Senator from Ohio. But I also agree Washington, DC, October 11, 2000. DEAR MR. CHAIRMAN: As you know, the with the Secretary of Transportation Hon. JOHN MCCAIN, House acted early today to pass H.R. 5164, who says that this is an enormously Chairman, Committee on Commerce, Science, the Transportation Recall Enhancement, Ac- and Transportation, U.S. Senate, Wash- countability, and Documentation Act. This important step forward to take. ington, DC. is another important step toward resolving I take this opportunity to thank Sen- DEAR MR. CHAIRMAN: As you know, the issues raised by the National Highway Traf- ator HOLLINGS for his efforts and the House acted early today to pass H.R. 5164, fic Safety Administration’s ongoing Fire- way we worked in a bipartisan fashion the Transportation Recall Enhancement, Ac- stone tire investigation. to report a bill by a vote of 20–0 out of countability, and Documentation (TREAD) We strongly support enactment of H.R. the Commerce Committee. Act. This is another important step toward 5164. The bill provides increased penalties for I will propound two unanimous con- resolving issues raised by the National High- safety defects and noncompliances in motor way Traffic Safety Administration’s vehicles and motor vehicle equipment; sent requests, if the first one is ob- (NHTSA) ongoing Firestone tire investiga- lengthens the period for free remedy of de- jected to. If the first one is objected to, tion. fects and noncompliances; enhances the abil- then I will try another unanimous con- We strongly support enactment of H.R. ity of NHTSA to obtain information from sent request. 5164. The bill provides increased penalties for foreign as well as domestic sources; and au- Mr. HOLLINGS. Will the distin- safety defects and noncompliances in motor thorizes increased appropriations to enable guished Senator yield? vehicles and motor vehicle equipment; NHTSA to carry out its additional respon- Mr. MCCAIN. I will be glad to yield to lengthens the period for free remedy of de- sibilities. These provisions were sought by the Senator from South Carolina. fects and noncompliances; enhances the abil- the Administration in its proposed legisla- ity of NHTSA to obtain information from tion. H.R. 5164 also directs NHTSA to review Mr. HOLLINGS. Mr. President, the foreign as well as domestic sources; and au- and report on its procedures for opening de- distinguished chairman of the com- thorizes increased appropriations to enable fect investigations, a review which the agen- mittee has led the way on this tire NHTSA to carry out its additional respon- cy has already begun, and directs NHTSA to safety measure on the Senate side. I

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22111 just had an opportunity to look at the reported under the leadership of the Mr. President, I ask unanimous con- House provision. There is no question distinguished chairman of the Com- sent that when the Senate receives that there are two or three things in merce Committee, which is totally bi- H.R. 5164 from the House, it be held at there that should be cleared up. One, it partisan. the desk. I ask further that it be in has certain reporting requirements, I join in the Senator’s request, which order for the majority leader, after but then the National Highway Traffic I am confident he will make, that we consultation with the Democratic lead- Safety Administration is supposed to be able to bring the Senate bill up, er, to proceed to consideration of the keep them top secret. I want that ex- amend the House bill, work this out in bill, and that only relevant amend- plained to me. We do not operate like the next few days—it could be worked ments be in order to the bill, and that the CIA. There is no reason to keep it out by tomorrow—and have a good the bill then, as amended, if amended, from public knowledge. In fact, that is measure that would save lives in Amer- be advanced to third reading and exactly why we have this entity—to ica. passed. collect reported defects that come to I yield the floor. The PRESIDING OFFICER. Is there the attention of the consumers in Several Senators addressed the objection? America. Chair. Mr. REID. Reserving the right to ob- Secondly, there is another provision The PRESIDING OFFICER. The Sen- ject, I say to my friend from Arizona, I with respect to criminal penalties. I ator from Arizona. do not have a copy of the request, but have tire manufacturers in my State, Mr. MCCAIN. Mr. President, I thank it is my understanding, from hearing and I wanted to be absolutely clear the Senator from South Carolina. I un- what the Senator read, it is a bill to that we did not unduly threaten fine, derstand his concerns. come before the Senate with relevant good businessmen who are working to Let me quote from a letter from the amendments. produce a safe product. Or make it so Secretary of Transportation: Mr. MCCAIN. Yes, that is correct. that they would be faced with some The early warning section of H.R. 5164, en- The PRESIDING OFFICER. Is there kind of criminal charge by way of a ables NHTSA to obtain information about objection? Mr. NICKLES. I object. mistake that did not come to their potential defects earlier than under current law. The agency will use the information in The PRESIDING OFFICER. Objec- knowledge. That was not the intent of tion is heard. the Senator from Arizona and the Sen- deciding whether to open an investigation and will be able to release information in the Mr. MCCAIN. Mr. President, I ask ator from South Carolina as we worked context of its investigation, as it does today. unanimous consent that it be in order through this. Information that is not made a part of an in- for the majority leader, after consulta- Obviously, that was taken out of the vestigation could be released if NHTSA de- tion with the Democratic leader, to Senate bill. Otherwise we would never termines it would assist in carrying out the proceed to consideration of H.R. 5164 agency’s investigative responsibilities. The have had a unanimous vote in report- and that it be immediately advanced to ing this bill 20–0. But there is a provi- bill contains a new section 30170 that aug- ments the penalties under section 1001 of third reading and passed, with no inter- sion in that House bill whereby if there vening action or debate. has been a willful and malicious re- title 18, United States Code, if a person in- tentionally misleads the Secretary con- The PRESIDING OFFICER. Is there porting to this agency—such as we saw cerning a safety defect that results in death objection? in the tobacco case where they all or serious injury. A ‘‘Safe Harbor’’ provision Mr. REID. Reserving the right to ob- raised their hands and you knew they would excuse the person from the augmented ject, would the Senator read that unan- were lying at the time—then there penalties, but would not excuse the person imous consent request again, please? should be a criminal penalty. That from other penalties under section 1001. The Mr. MCCAIN. I ask unanimous con- ought to be cleared up in the House Department of Justice will communicate sent that it be in order for the major- bill. separately its views on the criminal provi- ity leader, after consultation with the sions. We are only asking that the Senate Democratic leader, to proceed to con- bill be considered so we can amend the I point out again, this is not a perfect sideration of H.R. 5164 and that it be House bill and work this measure out bill. I want exactly what came out of immediately advanced to third reading under the leadership of Senator the Senate. The House passed, unani- and passed, with no intervening action MCCAIN. mously, by a voice vote, H.R. 5164. or debate. The other provision with respect to The Secretary of Transportation Mr. REID. Reserving the right to ob- the reporting of claims—after all that says: ‘‘We strongly support enact- ject, I say to my friend from Arizona, is the only way we found out about ment.’’ He finishes up by saying—and I this has been signed off on by the rank- these recent deaths that now approxi- hope my colleagues understand this— ing member of the committee and mate 100 killed on the highways. As In the final days of the 106th Congress, we signed off on by the leadership over they brought these claims down to a must not lose the opportunity to save lives here. But we still have two Senators conclusion, the judge put them under and prevent injuries. who want to offer relevant amend- what we call a gag order where they This is not a perfect piece of legisla- ments. We will work on that and see were not allowed to consider or consult tion but an awesome responsibility, at what we can do. But at this stage, be- or even talk about the final settle- least in the view of the Secretary of cause of that, I am going to have to ob- ment. It was more or less kept top se- Transportation. An opportunity to save ject unless the agreement allows for cret from the press and media, and no- lives and prevent injuries is occurring relevant amendments. We would agree body knew it was going on. here. I do not think we can let that to time limits. We would agree to a Of course, NHTSA has been prac- pass by. very short time limit on the relevant tically dormant. They have not oper- If there is objection, I will, again, ask amendments, but we do have two Sen- ated the tire safety requirements since that the Senator who objects appear on ators who wish to offer relevant the year 1973, and this reflects on us in the floor to object. We are not talking amendments. the committee. They have not had or about a policy decision here; we are Mr. MCCAIN addressed the Chair. ordered a single recall on tires in the talking about the fact that over 100 The PRESIDING OFFICER. The Sen- last 5 years. lives have been taken on America’s ator from Arizona. There have been 99 million overall highways over a defect that, in the Mr. MCCAIN. Mr. President, as I said safety vehicle recalls, but they have all view of every expert, we are making on Friday, this is not an ordinary piece been voluntary on account of the significant progress in addressing. of legislation. It is a piece of legisla- threats of lawsuits. We know that. It So, Mr. President, I will begin with tion that, in the view of the Secretary was only because of the word getting my first unanimous consent request, of Transportation, has to do with sav- out about these lawsuits that we fi- and I will follow it with a second unan- ing lives and preventing injuries. Over nally have gotten to pay attention to imous consent request if it is objected 100 Americans have died on the high- this, bringing out a bill, unanimously to. ways of America already.

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After the completion of Senator ROB- fore the Senate and working on it that the House—to resolve some concerns ERTS’ remarks, I will insist that the way. over an issue that ‘‘would save lives two Senators come down and object in This matter which has just passed and prevent injuries.’’ person. This is too serious a business, I the House, we just got it a matter of Mr. REID. If the Senator will yield, I tell the Senator from Nevada, for them minutes ago—not hours ago; minutes say to my friend, he and I came to to assume a cloak of anonymity. If ago—and we have two Senators who Washington at the same time 18 years they want amendments, then I will be want to look at this legislation. They ago. I know he has more patience than more than happy to hear their objec- have some idea that they want to offer I, but we have to have a little bit of pa- tions and see what their amendments relevant amendments. We know that, tience. In this instance, I don’t think it are. But this is not acceptable. It is not come the light of day, they may not is going to require a great deal of pa- acceptable, when lives are at stake, for want to offer those relevant amend- tience. We are going to be in session to- Senators—at least the Senator from ments, but now they do. morrow, and I think there is a very Oklahoma objects and comes down and So I say to my friend from Arizona good possibility, as I see it, that the takes the responsibility for the objec- that he can come back after Senator persuasive arguments Senators have tion. It is not acceptable for Members ROBERTS speaks, but the same objec- made today and last week will prevail on the other side of the aisle to hide tion will be there unless we hear in the and this legislation will pass. behind the Senator from Nevada in interim that the Senators, for some un- As things now stand, we have people their objections. known reason, withdraw their objec- who haven’t been able to read the bill. Mr. NICKLES. Will the Senator yield tions. They may have some problems with it. for a question? On that, I object. The ranking member, the Senator from Mr. MCCAIN. I am glad to yield to The PRESIDING OFFICER. Objec- South Carolina, and some of our people the Senator from Oklahoma for a ques- tion is heard. over here—and, of course, the Senator tion. Mr. McCAIN addressed the Chair. from South Carolina works well with The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- the Senator from Arizona, and we will objection? ator from Arizona retains the floor. see what we can do to get this wrapped Mr. NICKLES. I am asking the Sen- Mr. McCAIN. Let me just say that I up. ator from Arizona a question. will be here on the floor. If the two Mr. McCAIN. Mr. President, in clos- The unanimous consent request that Senators who object from the other ing, I appreciate the efforts on the part you are now making is to take up and side of the aisle would like to come of the Senator from Nevada. As he said, pass the bill that passed last night, down, I would be glad to discuss their he and I came to Congress together without objection. It passed by a voice concerns. I would be glad to commit to many years ago, and we are good vote late last night, unanimously, holding hearings, along with Senator friends. I want to also, again, pay great praise to Senator HOLLINGS, who has through the House of Representatives, HOLLINGS, next year to try to perfect and is the bill that the Secretary of this bill. really had to go a long way in compro- mising in order to see that this legisla- Transportation, Mr. Slater, urged that I know my friend from South Caro- tion is passed. I will be seeking unani- the Senate and the Congress pass? lina has serious concerns about the mous consent tomorrow morning. I am Mr. MCCAIN. I might add, it has to safe harbor aspect of this bill. I intend not exactly sure when, but it will be do with saving lives and preventing in- to work with him to tighten it up. I sometime in the morning when it fits juries. much would have preferred the bill Mr. NICKLES. I compliment my pass through the Senate, let me tell in with the parliamentary procedures. I hope the unanimous consent request friend from Arizona because, one, you you. can be agreed to. I thank my friend are showing flexibility. I compliment We inaugurated a little phrase called from South Carolina and the Senator you because you have stated what your ‘‘straight talk’’ back when I was seek- from Nevada. I know we will be work- preference is. You have your preference ing another office. I will tell you, in ing assiduously to try to get these ob- in the bill that passed out of the Com- straight talk, what this is all about. jections solved. This is the trial lawyers against the merce Committee, of which you are the I yield the floor. Chair and Senator HOLLINGS is the automotive interests. Trial lawyers do The PRESIDING OFFICER. The Sen- ranking member. But you are also say- not want it because they do not like ator from South Carolina. ing, if I cannot get that, realizing that the provisions. They want to be able to Mr. HOLLINGS. Mr. President, I we are on overtime right now and we sue anybody for anything under any don’t want the Senator to take back are running out of days, you are will- circumstances. And the automotive in- his praise, but let me clear the record ing to say, let’s take the House-passed dustry wants this thing killed, figuring relative to trial lawyers. Trial lawyers bill. The House-passed bill passed that the publicity surrounding these got us where we are. If it hadn’t been unanimously. That does not happen all accidents and these tragedies that are for trial lawyers bringing the cases and that often around here for legislation taking place will die out and they will filing some of the reports made on the that is this significant. be able to kill off this legislation next recoveries thereof, we would not have The Senator from Arizona is saying year. awakened, literally, and awakened our he is willing to take it and pass it. It is Straight talk, Mr. President, that is own Commerce Committee to have the the same bill that the administration really what it is all about. It is another hearings to put us on the floor this says they want. And it will become law compelling argument for campaign fi- evening. if we can get this consent agreed to. nance reform because neither the trial I am intimate with the trial lawyer So I compliment my colleague from lawyers who want to make this bill un- movement in this country. I can tell Arizona. I hope our colleagues would tenable for the manufacturers, nor the you that they have become a whipping possibly even reconsider and let us pass manufacturers who want to water down boy for Tom Donahue and his blooming this bill tonight or tomorrow. this bill so dramatically that it will Chamber of Commerce, and any time Mr. REID. Mr. President, under my have no effect, should be the ones who you want to pass some measure like reservation, I remind the Senator from are driving this problem. the Y2K bill, the trial lawyers had no Arizona and the Senator from Okla- This legislation is all about saving objection whatsoever. homa that on Friday of last week we lives and preventing injuries. So what I have to correct the record because agreed on this side to have the Senate we are seeing here is that special inter- the chairman said that is the contest bill brought before the Senate at that ests are winning again. I think it is that is going on, about the right to sue time, pursuant to the unanimous con- wrong. I don’t know how you go back and everything else. They have the sent request of the Senator from Ari- to the American people and say we right. The right is there and neither zona, to have relevant amendments. We didn’t enact legislation—we could not the Senate bill nor the House bill de- have no objection to that coming be- get together after a unanimous vote in nies that right. We strengthen it with

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22113 the reporting and then make the re- resentatives, Congressman Bruce of his illness. Of course, we have been ports public so they can be attained, Vento, had passed away after a battle notified of his death. and they can avoid going to court on with cancer. There are Senators and House Mem- cases and avoid trial lawyers. So this My tribute cannot adequately com- bers who come here who, under the old particular bill is agreed to by this par- municate his successful career, because saying, some are show horses and some ticular trial lawyer—either the Senate to Bruce, words always paled in com- are workhorses. He was a workhorse. or the House version this evening, parison to acts. One of his priorities during his last right now. I would vote for either one Bruce was a tireless advocate for the year in Congress was the plight of the of them. But I think we can get a much residents of St. Paul, first in the State Hmong people, many of whom settled better bill with the Senate bill. I want- Legislature and, for the past 24 years, in Minnesota. They are people from ed to correct the comments made in the U.S. Congress. Laos who had fought with the United about the trial lawyers because they He was a man of his word and a man States and its allies in the Vietnam have been there bringing peace and jus- of principle. war and came to the United States He was a man committed to doing tice and safety to America’s con- afterwards. They very much wanted to the right thing for the right reason, no sumers. They got us this far, and I am become citizens here but had great dif- matter how long it took. proud to commend the trial lawyers for ficulty learning English because they Take for example his work on behalf doing their work and saving lives. come from a culture that does not have of Hmong veterans—a large number of I yield the floor. a written language. whom reside in his Congressional dis- Mr. McCAIN. Mr. President, I have Bruce Vento was the primary House one comment in response to my friend. trict. He worked on it for over a decade: sponsor of the Hmong Veterans’ Natu- I knew any comment about trial law- educating his colleagues about the ralization Act, a bill that passed the yers would not go unnoticed by him. As need to help their constituents and of- House and Senate earlier this year and always, I am very appreciative of his fering the compromises needed to get became law. This bill waives the comments. English language requirement for natu- I yield the floor. the job done. I was pleased that after his tireless ralization, and provides special consid- The PRESIDING OFFICER. The Sen- work Congress after Congress, year eration for the civics requirement for ator from Virginia is recognized. after year, Bruce’s effort paid off. Hmong veterans and their spouses and Mr. WARNER. Mr. President, I want Earlier this year, Congress passed widows. It has been a small concession to join the Democratic whip in pro- and the President signed into law his on our part in return for the great sac- pounding the identical unanimous con- legislation to facilitate citizenship to rifices these men made in fighting for sent request with regard to the bring- Hmong veterans who served with us in the American cause in Southeast Asia. ing up of the DOD conference report as the Vietnam War. I am pleased that with the help of Sen- stated to the Senate by the distin- Bruce was an effective Congressman ators WELLSTONE, FEINGOLD, HAGEL, guished majority leader just moments for the St. Paul area. MCCAIN, and others the bill became law ago. We worked together on a number of before the Congressman’s untimely Mr. REID. Mr. President, we have no fronts to support Minnesota and the death earlier this week. objection. The staffs of Senator LEVIN people of St. Paul such as improving There is another bill that addresses and Senator WARNER have worked out senior and low-income housing in St. an outstanding issue in the Hmong the problem. Paul, supporting St. Paul’s effort in be- Just a minute, Mr. President. Veterans’ Naturalization Act. H.R. coming a Brownfields Showcase Com- 5234, cosponsored by Congressman Reserving the right to object, Mr. munity, and pursuing projects to im- President, we are not going to be able Vento, will extend the benefits of the prove the St. Paul Community. new law to widows of Hmong veterans to do the agreement. There is a proce- Bruce is best known for his efforts to dural problem with the Agriculture au- who died in Laos, Thailand, or Viet- protect the environment and to im- nam. The bill was passed by voice vote thorization, which goes first. We will prove our national parks and wilder- work on that later. in the House on September 25. The Sen- ness areas. ate companion bill is strongly bipar- Mr. WARNER. Mr. President, I hand- All Minnesotans will benefit from his ed the Senator a colloquy which Sen- tisan with seven Democrats and five work to ensure the outdoor activities Republicans joining Senator ator LEVIN signed. The Senator raising we all enjoy will be there for our chil- the objection signed the colloquy. WELLSTONE as sponsors. I urge my dren and grandchildren. friends on the other side of the aisle to Mr. REID. Why don’t we have the That is his legacy, and we are all lift the hold they have on this bill and Senator from Kansas speak, and we proud and grateful for his achieve- allow it to pass so we can complete our will see if anything can be done. ments. Mr. WARNER. I withdraw the re- Minnesotans were represented well work on this important issue. We can quest. by Bruce Vento, and he will be missed. do this in Bruce Vento’s memory, but we can also rectify an injustice that f To his family and friends, I extend my deepest sympathy. has been done to the Hmong people MORNING BUSINESS Mr. LEAHY. Mr. President, we all in who have come to this country. Mr. ROBERTS. Mr. President, I ask the Senate and the House have been Mr. FEINGOLD. Mr. President, it is unanimous consent that the Senate saddened by the death of Bruce Vento. with great sadness that I join my col- now be in a period for morning business Congressman Vento came to the Con- league from Minnesota, Senator with Senators permitted to speak gress 2 years after I did. We served to- WELLSTONE, in paying tribute to the therein for up to 10 minutes each. gether and worked together on many life of our colleague, Congressman The PRESIDING OFFICER (Mr. issues. He belonged, proudly, to a sort Bruce Vento. I learned of the Congress- BURNS). Without objection, it is so or- of informal Italian-American caucus. man’s passing upon my return to Wash- dered. We would talk about from which parts ington. I send my condolences to his f of Italy our families had come, and we wife Sue and his family, along with all became close friends. of the people from the great state of TRIBUTE TO BRUCE VENTO I remember talking with Bruce when Minnesota who mourn and who thank Mr. GRAMS. Mr. President, today I he was first diagnosed with cancer. I him for his many years of service in come to the floor to offer a tribute to told him he was in my prayers, my the House of Representatives. He is de- a humble man. wife’s prayers, our family’s prayers. He serving of special praise in recognition Yesterday, while I was in Minnesota, was a good man. of his tremendous efforts to use his sta- I received word that one of my former I was sad when I heard him announce tus as a federal legislator to bring a colleagues from the House of Rep- he would not run for reelection because voice to the voiceless and to defend

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22114 CONGRESSIONAL RECORD—SENATE October 11, 2000 such interests as environmental pro- [Dollars in millions] come more diverse. It is now our fast- est growing ethnic group, its popu- tection, human rights, working fami- Budget lies and community building. authority Outlays lation increasing almost four times as Congressman Vento’s career was a fast as the rest of the population. The Adjustments: truly a remarkable one. He and I General purpose discretionary ...... +4,367 +3,384 Hispanic population is projected to ac- shared a profound affection for the Highways ...... count for 44 percent of the growth in Mass transit ...... Boundary Waters Canoe Area Wilder- Mandatory ...... the nation’s population between 1995 and 2025. Hispanics are literally chang- ness, a place special to so many Wis- Total ...... +4,367 +3,384 consinites and Minnesotans. Congress- Revised Allocation: ing the face of this nation. General purpose discretionary ...... 606,674 597,098 The label ‘‘Hispanic-American’’ en- man Vento bravely agreed to chair the Highways ...... 26,920 Ely field hearings on the creation of Mass transit ...... 4,639 compasses an enormous diversity of in- the Boundary Waters wilderness in Mandatory ...... 327,787 310,215 dividuals. Hispanics are not a single 1977, a courageous decision for someone Total ...... 934,461 938,872 ethnic group but are comprised of peo- who was a Freshman member of the ple from Puerto Rico, Cuba, Mexico, House at the time, and was a vocal I hereby submit revisions to the 2001 and the countries of Central and South champion of that wilderness through- budget aggregates, pursuant to section America. This diversity has brought a out his career. As I work on wilderness 311 of the Congressional Budget Act, in tradition of resilience and excellence issues, I am often reminded of Con- the following amounts: to the United States, a country that derives its strength from the diversity gressman Vento’s comments on the [Dollars in millions] of its people. House floor during consideration of the Budget au- There is an emerging awareness of thority Outlays Surplus Boundary Waters bill. He said, ‘‘there the contributions and achievements ought to be an opportunity where Current Allocation: Budget Hispanics have made. Hispanic individ- someone can go and have some soli- Resolution ...... $1,528,412 $1,492,435 $10,765 Adjustments: Emergencies ...... +4,367 +3,384 ¥3,384 uals are prominent in every aspect of tude, where someone can go and have Revised Allocation: Budget American life. In the business world, an experience that is different.’’ Resolution ...... 1,532,779 1,495,819 7,381 such names as Adolfo Marzol, executive Congressman Vento used his career f vice-president of Fannie Mae and to work to protect that ‘‘different’’ op- George Munoz, CEO of the Overseas HISPANIC HERITAGE MONTH 2000 portunity for all Americans in the Private Investment Corporation, are Boundary Waters, the Arctic Refuge, Mr. DURBIN. Mr. President, I rise to being recognized. Oscar Hijuelos, the Southern Utah and many other special offer some remarks on a timely and first American-born Hispanic to win wilderness areas. These places and the important topic—our national celebra- the Pulitzer Prize for fiction, is known people who cherish them, myself in- tion of Hispanic Heritage Month. as one of literature’s award-winning cluded, owe him a great debt. Hundreds of years after the decline of authors. Maria Hinojosa, a CNN cor- I also had the privilege of working the Spanish Empire, a new Hispanic respondent, was named one of the most closely with Congressman Vento in presence is making itself felt on the influential Hispanic Americans by His- this session of Congress on the Hmong world stage. Democracy is taking deep panic Business magazine, and has re- Veterans’ Naturalization Act which is root throughout much of Latin Amer- ceived many awards for her reporting. now federal law. Congressman Vento ica. Mexico just celebrated the selec- These are just some of the extraor- was actively involved in getting that tion of a new President in an election dinary individuals who contribute to legislation through the House. that is widely viewed as the freest and Hispanic-American culture in our I join with the Senate in letting Con- fairest election in that country’s his- country. gressman Vento’s family know how tory. Central America is largely at A few of the names of Hispanic-Amer- grateful we are for having known him, peace. Free trade has spread south of icans from my home state of Illinois and how committed we are to ensuring our border, and will continue to spread will resonate in history, like Luis Al- that the causes to which he gave his further south. varez, the Nobel Price-winning physi- heart and his career remain protected. And Hispanic Americans are taking cist, who studied at the University of their rightful place in this country as f Chicago before going on to become a an important part of our thriving econ- central figure in the Manhattan project SUBMITTING CHANGES TO THE omy, as a wonderful contributor to the during World War II. Others are heroes BUDGETARY AGGREGATES AND diversity of American culture, and as a on a quieter scale, like Raymond APPROPRIATIONS COMMITTEE powerful political force that deserves Orozco who, until his retirement a few ALLOCATION attention. years back, headed the Chicago Fire Mr. DOMENICI. Mr. President, sec- It is fitting, then—as National His- Department with distinction, or San- tion 314 of the Congressional Budget panic Heritage Month is upon us—to dra Cisneros whose beautiful stories of Act, as amended, requires the Chair- recognize the Hispanic-American popu- women’s courage in the midst of pov- man of the Senate Budget Committee lation for its many important con- erty have won her international ac- to adjust the appropriate budgetary ag- tributions to the traditions and history claim. But most of all we benefit as a gregates and the allocation for the Ap- of this nation. Started 32 years ago, state and as a nation from the thou- propriations Committee to reflect this festive month acknowledges the sands of ordinary folks whose lives and amounts provided for emergency re- great history of the Hispanic people, dreams and everyday actions make this quirements. celebrate their past achievements, and a richer, stronger, more interesting I hereby submit revisions to the 2001 recognizes that the Hispanic-American place to live. Senate Appropriations Committee allo- community is an essential component The emergence of a sizable Hispanic- cations, pursuant to section 302 of the in the future of the United States. American population has been particu- Congressional Budget Act, in the fol- Hispanics have immigrated to the larly notable in Illinois, to the great lowing amounts: United States for many different per- benefit of the state. More than a mil- sonal reasons. They have taken the [Dollars in millions] lion Illinoisans are of Hispanic herit- journey to America in hope of a better age. They own 20,000 businesses in the Budget Outlays life for themselves and their families. state and generate more than $2 billion authority They have persevered throughout their in commerce. More than a quarter of a Current Allocation: struggle to maintain their own iden- million Hispanic-Americans are reg- General purpose discretionary ...... $602,307 $593,714 Highways ...... 26,920 tity while learning to assimilate into istered to vote here, and the state can Mass transit ...... 4,639 American ways. boast over 1,000 elected officials—from Mandatory ...... 327,787 310,215 Today, the Hispanic population in school board members to members of Total ...... 930,094 935,488 the United States has expanded and be- Congress—of Hispanic heritage.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22115 While celebrating Hispanic Heritage plained that there is a vacancy crisis in Senate has confirmed 25 of 46 individ- Month, we shouldn’t blind ourselves to the federal courts. Some have com- uals nominated in 2000—or 54 percent, the problems that still beset the His- plained that the Republican Senate has almost 10 percent higher than in 1992. panic-American community. The pov- not confirmed enough of President Those who cite the 1992 high of 64 con- erty rate among Hispanics is still unac- Clinton’s judicial nominees. Some have firmations as evidence of an election- ceptably high, and Hispanic youth are complained that the confirmation year slowdown do not mention these graduating from high school at rates record of the Republican Senate com- details. Nor do they mention that de- significantly lower than the general pares unfavorably to the Democrats’ spite those 64 confirmations, the Demo- population. Thankfully, many of these record when they controlled this body. crat-controlled Senate left vacant 97 problems have abated in the last dec- Some have accused the Republican judgeships when President Bush left of- ade—unemployment among Hispanics Senate of being biased against female fice—far more than the current 63 va- is at historically low levels, for exam- and minority judicial nominees. These cancies. ple—but there’s still plenty of work to complaints and accusations are wholly Senate Democrats often cite Chief be done. false and completely without merit. Justice Rehnquist’s 1997 remarks as That’s why I support the ‘‘2010 Alli- First, there is and has been no judi- evidence of a Republican slowdown. Re- ance’’ crafted by Hispanic-American cial vacancy crisis. In 1994, when Sen- ferring to the 82 vacancies then exist- leaders and key policymakers, and an- ate Democrats processed the nomina- ing, the Chief Justice said: ‘‘Vacancies nounced by President Clinton this tions of President Clinton, there were cannot remain at such high levels in- June. The Alliance sets educational 63 vacancies and a 7.4 percent vacancy definitely without eroding the quality goals for Hispanic-Americans in five rate. Today, when Republicans control of justice that traditionally has been key areas, such as increasing the rate the Senate and process the nomina- associated with the federal Judiciary.’’ of high school completion and increas- tions of President Clinton, there are 63 Senators who cite this statement, how- ing English language proficiency for vacancies and a 7.4 percent vacancy ever, do not also cite the Chief Jus- students. The President’s budget for rate—exactly the same as in 1994. Of tice’s similar statement in 1993, when 2001 contains more than $800 million the current vacancies, the President the Democrats controlled both the for programs to enhance educational has failed to make a nomination for 25 White House and the Senate: ‘‘There is opportunities for Hispanic-Americans. of them—strong evidence that, in fact, perhaps no issue more important to the I am also hoping to see passage this there is no vacancy crisis. Neverthe- judiciary right now than this serious session of the Latino and Immigrant less, despite the fact that there are the judicial vacancy problem.’’ As the head Fairness Act. This important piece of same number of vacancies and the of the Judicial Branch, the Chief Jus- legislation will insure that all immi- same vacancy rate now as in 1994, tice has continued to maintain pres- grants from Latin America are treated Democrats continue to claim that sure on the President and Senate to equally in the eyes of the law. The cur- there is a vacancy crisis. speedily confirm judges. He has not rent system that treats immigrants Second, the Republican Senate has singled out the Republican Senate, from one country differently from been fair with President Clinton in however. those from another country is cum- confirming his nominees. In fact, the The Chief Justice made additional bersome, confusing and inherently un- Senate has confirmed President Clin- comments in 1997, which also under- fair. This Act will also restore some ton’s nominees at almost an identical mine the claim of a vacancy crisis. important rights that have historically rate as it confirmed those of Presidents After calling attention to the existing been offered to the immigrant popu- Reagan and Bush. President Reagan vacancies, he wrote: ‘‘Fortunately for lation, but that are now denied to them appointed 382 Article III judges. By the Judiciary, a dependable corps of due to the highly restrictive policies comparison, President Clinton has ap- senior judges has contributed signifi- adopted in the past few years. The pointed 377 Article III judges—only five cantly to easing the impact of unfilled Latino and Immigrant Fairness Act as fewer than were appointed by President judgeships.’’ The 63 current vacancies, the support of virtually every Demo- Reagan. During the Reagan presidency, in other words, are not truly vacant. cratic Senator as well as strong sup- the Senate confirmed an average of 191 There are 363 senior judges presently port from President Clinton and Vice judges per term. During the one-term serving in the federal judiciary. Al- President GORE. I am working hard to Bush presidency, the Senate confirmed though judges’ seats are technically overcome Republican resistance to the 193 judges. During the Clinton presi- counted as vacant, they continue to bill so that it can become law. dency, the Senate has confirmed an av- hear cases at reduced workload. As- The Hispanic population has become erage of 189 judges per term. suming that they maintain a 25 percent an integral part of the American mo- Third, the confirmation record of the workload—the minimum required by saic. We have become united by the as- Republican Senate compares favorably law—the true number of vacancies is piration to make a better life for our- to the Democrats’ record when they less than zero. selves and our children. We know that controlled this body. Comparing like to Last week, Senator HARKIN said that America and what it stands for—free- like, this year should be compared to this year the Senate has confirmed dom, prosperity, and hope—should ex- prior election years during times of di- only one circuit court nominee nomi- tend to everyone the opportunity to vided government. In 1988, the Demo- nated this year, and Senator LEAHY achieve their dreams. crat-controlled Senate confirmed 41 said that this year the Judiciary Com- Through the celebration of Hispanic Reagan judicial nominees. The Repub- mittee has reported only three circuit Heritage Month we can deepen our un- lican Senate this year has confirmed 39 court nominees nominated this year. derstanding and appreciation for a cul- of President Clinton’s nominees—a The fact is, however, the Senate has ture that has been so influential in cre- nearly identical number. confirmed eight circuit judges this ating the America of today and that The 1992 election year requires a bit year. By comparison, the Democrat- will help shape the America of tomor- more analysis. The Democrat-con- controlled Senate confirmed seven of row. trolled Senate did confirm 64 Bush President Reagan’s circuit court nomi- f nominees that year, but this high num- nees in 1988 and 11 of President Bush’s ber was due to the fact that Congress circuit court nominees in 1992. JUDICIAL NOMINATIONS had recently created 85 new judgeships. It is true that of the eight circuit Mr. HATCH. Mr. President, during Examining the percentage of nominees court nominees confirmed this year, the last several weeks I have listened confirmed shows that compared to 1992, some were nominated during the first as some of my Democratic colleagues there is no slowdown this year. In 1992, session and some were nominated dur- have taken the Senate floor to com- the Democrat-controlled Senate con- ing the second session of this Con- plain about the Senate’s work on judi- firmed 33 of 73 individuals nominated gress—just as the seven Reagan circuit cial nominations. Some have com- that year—or 45 percent. This year, the court nominees confirmed in 1988 and

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22116 CONGRESSIONAL RECORD—SENATE October 11, 2000 the 11 Bush circuit court nominees con- sitting, stuck in the Senate Judiciary moves] has not a single thing to do firmed in 1992 were nominated in both Committee’’? Why did Senator ROBB with gender or race.’’ And even if there the first and second sessions of those take the Senate floor to accuse Senate were actual differences, a differential Congresses. Republicans, in inflammatory lan- of a week or two is insignificant com- The fact that the Senate has con- guage, of ‘‘standing in the courthouse pared to the average time that it takes firmed eight circuit court nominees in door’’ and refusing to ‘‘desegregate the to select and confirm a nominee. On this election year shows that we have Fourth Circuit’’? Why did Senator average, the Clinton White House been at least as fair to President Clin- LEAHY take the Senate floor and list spends an average of 315 days to select ton with regard to appeals court nomi- all the female nominees currently a nominee while the Senate requires an nees, as Democrats were to Presidents pending? average of 144 days to confirm. Reagan and Bush. The Senate has con- Why? Because Democrats have made Under my stewardship, the Judiciary firmed one more circuit court nominee the crass political decision to attempt Committee has considered President in this last year of President Clinton’s to energize women and minority voters Clinton’s judicial nominees more care- Presidency than Democrats confirmed by claiming that Senate Republicans fully than the Democratic Senate did in the last year of President Reagan’s are biased against women and minori- in 1993 and 1994. Some individuals con- presidency, and only three circuit ties nominated for federal judgeships. firmed by the Senate then likely would judges fewer than Democrats confirmed This coordinated overture to female not clear the committee today. The in the last year of President Bush’s and minority voters by the White Senate’s power of advice and consent, presidency—when judicial vacancies House, the Gore campaign and Senate after all, is not a rubber stamp. were at an all time high. Democrats is unseemly. There is no evidence, however, of bias Fourth, allegations of race or sex The President’s determination to or of a confirmation slowdown. There bias in the confirmation process are ab- play politics with judicial nominations is no evidence of bias because, in fact, solutely false and are offensive. Over appears as if it will only intensify. Just the Senate is not biased against female the last several months, I have listened last Friday, the President nominated and minority nominees—indeed, the with dismay as some have, with esca- African-American Andre Davis to a Senate has confirmed a record number lating invective, implied that Senate seat on the U.S. Court of Appeals for of such nominees for judicial office. Republicans are biased against minor- the Fourth Circuit, and it is my under- Furthermore, there is no evidence of a ity or female judicial nominees. standing that he will nominate a confirmation slowdown because, in Just this month, President Clinton woman, Elizabeth Gibson, to that fact, the confirmation process has been issued a statement alleging bias by the Court today. conducted in the normal fashion and at Senate. He said: ‘‘The quality of justice The President has persisted in mak- the normal speed. suffers when highly qualified women ing these nominations, even though I In conclusion, it always is the case and minority candidates are denied an have made clear to him that the Judi- that some nominations ‘‘die’’ at the opportunity to serve in the judiciary.’’ ciary Committee will not hold any ad- end of the Congress. In 1992, when The White House, though, also issued a ditional nominations hearing this year. Democrats controlled the Senate, Con- statement boasting of the high number The President nominated Mr. Davis gress adjourned without having acted of women and minorities that Clinton and Ms. Gibson, knowing full well that on 53 Bush nominations. I have a list has appointed to the federal courts: they have no chance of being con- here of the 53 Bush nominees whose ‘‘The President’s record of appointing firmed. Mr. Davis and Ms. Gibson are nominations expired when the Senate women and minority judges is un- being used for political purposes, so the adjourned in 1992, at the end of the matched by any President in history. President and Democrats can argue 102nd Congress. By comparison, there Almost half of President Clinton’s judi- that Senate Republicans are biased are only 40 Clinton nominations that cial appointees have been women or against women and minorities. will expire when this Congress ad- minorities.’’ Senate Republicans, however, are not journs. My Democratic colleagues have The Senate, obviously, confirmed biased against women and minority discussed at length some of the current this record number of women and mi- nominees. Data comparing the median nominees whose nominations will ex- norities. That is hardly evidence of sys- time required for Senate action on pire at the adjournment of this Con- temic bias. Indeed, it cannot credibly male vs. female and minority vs. non- gress. Madam President, I ask unani- be argued that President Clinton has minority nominees shows only minor mous consent that this list of 53 Bush appointed a diverse federal bench and differences. During President Bush’s nominations that Senate Democrats that Republicans simultaneously have final two years in office, the Democrat- permitted to expire in 1992 be printed prevented him from appointing a di- controlled Senate took 16 days longer in the RECORD. verse federal bench. to confirm female nominees compared There being no objection, the mate- Last November, Senator JOSEPH with males. This differential decrease rial was ordered to be printed in the BIDEN, former Chairman of the Judici- to only 4 days when Republicans gained RECORD, as follows: ary Committee, stated: control of the Senate in 1994. During There has been argumentation occasion- the subsequent 105th and 106th Con- BUSH NOMINATIONS RETURNED BY THE DEMOCRAT-CON- ally made...that [the Judiciary] gresses, it increased. TROLLED SENATE IN 1992 AT THE CLOSE OF THE 102D Committee...has been reluctant to move The data concerning minority nomi- CONGRESS on certain people based upon gender or eth- nees likewise shows no clear trend. nicity or race....[T]here is absolutely no Nominee Court When Republicans gained control in distinction made [on these Sidney A. Fitzwater of Texas ...... Fifth Circuit. grounds]...[W]hether or not [a nominee 1994, it took 28 days longer to confirm John G. Roberts, Jr. of Maryland ...... D.C. Circuit. moves] has not a single thing to do with gen- minority nominees as compared to John A. Smietanka of Michigan ...... Sixth Circuit. Frederico A. Moreno of Florida ...... Eleventh Circuit. der or race....I realize I will get political non-minority nominees. This difference Justin P. Wilson of Tennessee ...... Sixth Circuit. heat for saying that, but it happens to be decreased markedly during the 105th Franklin Van Antwerpen of Penn...... Third Circuit. true. Francis A. Keating of Oklahoma ...... Tenth Circuit. Congress so that minorities were con- Jay C. Waldman of Pennsylvania ...... Third Circuit. Why then have Democrats insisted on firmed 10 days faster than non-minori- Terrence W. Boyle of North Carolina Fourth Circuit. Lillian R. BeVier of Virginia ...... Fourth Circuit. repeating the insidious mantra that ties. The present 106th Congress is tak- James R. McGregor ...... Western District of Pennsylvania. the Republican Senate is discrimi- ing only 11 days longer to confirm mi- Edmund Arthur Kavanaugh ...... Northern District of New York. Thomas E. Sholts ...... Southern District of Florida. nating against women and minorities nority nominees than it is to confirm Andrew P. O’Rourke ...... Southern District of New York. in the confirmation process? Why did non-minority nominees. Tony Michael Graham ...... Northern District of Oklahoma. Carlos Bea ...... Northern District of California. John Podesta, the President’s Chief of These minor differences are a matter James B. Franklin ...... Southern District of Georgia. Staff appear on CNN yesterday to com- of happenstance. They show no clear David G. Trager ...... Eastern District of New York. Kenneth R. Carr ...... Western District of Texas. plain that ‘‘women and minority can- trend. Senator BIDEN is right when he James W. Jackson ...... Northern District of Ohio. didates for U.S. Court of Appeals are says that ‘‘whether or not [a nominee Terral R. Smith ...... Western District of Texas.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22117 BUSH NOMINATIONS RETURNED BY THE DEMOCRAT-CON- gency Services Department, and Ha- program and support to local commu- TROLLED SENATE IN 1992 AT THE CLOSE OF THE 102D waii’s Department of Health, and Na- nities are Civil Support Teams, CSTs, CONGRESS—Continued tional Guard for establishing one of the and Metropolitan Medical Response Nation’s premier weapons of mass de- Systems, MMRS. Nominee Court struction, WMD, containment, mitiga- Hawaii’s Civil Support Team is one of Paul L. Schechtman ...... Southern District of New York. tion and response capabilities. As the 27 Army and Air National Guard CSTs Percy Anderson ...... Central District of California. ranking member of the Governmental that will be deployed in 26 States by Lawrence O. Davis ...... Eastern District of Missouri. Andrew S. Hanen ...... Southern District of Texas. Affairs Committee, Subcommittee on the spring of 2001. Each team consists Russell T. Lloyd ...... Southern District of Texas. International Security, Proliferation, of 22 members who undergo 15 months John F. Walter ...... Central District of California. Gene E. Voigts ...... Western District of Missouri. and Federal Services, I follow Federal of specialized training. Each team is Manual H. Quintana ...... Southern District of New York. terrorism defense programs closely, es- equipped with a mobile analytical lab Chales A. Banks ...... Eastern District of Arizona. Robert D. Hunter ...... Northern District of Alabama. pecially those that affect Hawaii. and a communications facility. Teams Maureen E.Mahoney ...... Eastern District of Virginia. Terrorism, particularly the threat of would be deployed to assist first re- James S. Mitchell ...... Nebraska. Ronald B. Leighton ...... Western District of Washington. domestic terrorism, remains at the sponders in the event of a WMD inci- William D. Quarles ...... Maryland. forefront of concern for all of us. Al- dent. The teams, under the command James A. McIntyre ...... Southern District of California. though it has been 7 years since the Leonard E. Davis ...... Eastern District of Texas. of a State’s governor, provide support J. Douglas Drushal ...... Northern District of Ohio. terrorist bombing of the World Trade to civilian agencies to assess the na- C. Christopher Hagy ...... Northern District of Georgia. Center and 5 years since the destruc- Louis J. Leonatti ...... Eastern District of Missouri. ture of an attack, provide medical and James J. McMonagle ...... Northern District of Ohio. tion of the Oklahoma City Federal technical advice, and help coordinate Katharine J. Armentrout ...... Maryland. Building, these unspeakable atrocities Larry R. Hicks ...... Nevada. subsequent State and Federal re- Richard Conway Casey ...... Southern District of New York. left an indelible mark in the hearts of sponses. Hawaii’s Weapons of Mass De- R. Edgar Campbell ...... Middle District of Georgia. all Americans. In the intervening Joanna Seybert ...... Eastern District of New York. struction Civil Support Team, the 93rd Robert W. Kostelka ...... Western District of Louisiana. years, the threat of terrorism has be- WMD–CST, is a composite Army/Air Richard E. Dorr ...... Western District of Missouri. come more pronounced. The National James H. Payne ...... Oklahoma. National Guard Unit, and component of Walter B. Prince ...... Massachusetts. Commission on Terrorism recently the Hawaii Army National Guard, George A. O’Toole, Jr...... Massachusetts. concluded that ‘‘. . . international ter- William P. Dimitrouleas ...... Southern District of Florida. Headquarters, State Area Command. Henry W. Saad ...... Eastern District of Michigan. rorism poses an increasingly dangerous The team is currently undergoing and difficult threat to America—to- training at Fort Leonard Wood, MO, Mr. HATCH. I would note that the day’s terrorists seek to inflict mass and is expected to be fully trained and Reagan and Bush nominations that casualties, and they are attempting to deployed by May 2001. Senate Democrats allowed to expire in- do so both overseas and on American In 1997, Honolulu was selected as one cluded the nominations of minorities soil. This was underscored by the De- of the first 25 cities in the Nation to and women, such as Lillian BeVier, cember 1999 arrests in Jordan and at contract with HHS to develop a Metro- Frederico Moreno and Judy Hope. the U.S./Canadian border of foreign na- politan Medical Response System and I do not have any personal objection tionals who were allegedly planning to procure essential prophylactic pharma- to the judicial nominees who my attack crowded millennium celebra- ceuticals and specialized equipment. Democratic colleagues have spoken tions.’’ Fortunately, we have made MMRS are multi-disciplinary medical about over the last few weeks. I am signifcant strides in enhancing our de- teams consisting of physicians, nurses, sure that they are all fine people. Simi- fense against and reducing our paramedics, emergency medical techni- vulnerabilities to terrorism. larly, I do not think that my Demo- cians, and law enforcement officers, The Defense Against Weapons of cratic colleagues had any personal ob- who provide initial on-site response jections to the 53 judicial nominees Mass Destruction Act of 1996, Public Law 104–201, Nunn-Lugar-Domenici and care, provide for safe patient trans- whose nominations expired in 1992, at portation to hospital emergency the end of the Bush presidency. amendment, authorized a coordinated Federal response to train, equip, and rooms, provide definitive medical and Many of the Republican nominees mental health care to victims of var- whose confirmations were blocked by otherwise enhance the capability of Federal, State, and local emergency ious types of attack, and can prepare the Democrats have gone on to great patients for onward movement to other careers both in public service and the ‘‘first responders,’’ e.g., primarily po- lice, fire, and emergency medical offi- regions, should this be required In Au- private sector. Senator JEFF SESSIONS, gust 2000, the HHS expanded Hawaii’s Governor Frank Keating and Wash- cers, for terrorist incidents involving mass casualties, or nuclear, biological, MMRS program by directing and fund- ington attorney John Roberts are just ing an assessment of the unique needs a few examples that come to mind. and chemical weapons. Most of our cur- rent antiterrorism programs are out- of geographically isolated jurisdictions I know that it is small comfort to the and an evaluation of long-term individuals whose nominations are growths of this landmark legislation. More than 40 Federal departments, sustainment of the MMRS. Both stud- pending, but the fact of the matter is agencies, and bureaus have some role ies will serve as national models. This that inevitably some nominations will in combating terrorism. The Justice is a further testament of the quality of expire when the Congress adjourns. It Department, through the FBI, is the Hawaii’s MMRS program and highly happens every two years. I personally lead Federal agency for domestic ter- complimentary of the personnel in- believe that Senate Republicans should rorism and provides on-site emergency volved in its development. get some credit for keeping the number law enforcement response to all inci- Fortunately, terrorism involving the of vacancies that will die at the end of dents. However, State and local gov- use of weapons of mass destruction is this Congress relatively low. As things ernments and emergency responders likely to remain rare. Nevertheless, as now stand, 13 fewer nominations will bear the primary responsibility for re- in the case of other low probability/ expire at the end of this year than ex- sponding to terrorist incidents, aug- high consequence risks, it remains a pired at the end of the Bush Presi- mented by Federal resources. There- very serious and highly complex na- dency. fore, Federal, State, and local coordi- tional concern. The precautionary safe- f nation and cooperation is critical to guards we have taken thus far are es- ensuring that our population centers sential and prudent, but offer no guar- HAWAII’S PREPAREDNESS FOR A are properly safeguarded. I am particu- antees. We need to remain vigilant and WEAPON OF MASS DESTRUCTION larly pleased with terrorism prepared- ensure that our antiterrorism and TERRORIST INCIDENT ness efforts in Hawaii, which have been counter terrorism programs continue Mr. AKAKA. Mr. President, I rise to hailed by HHS as ‘‘exemplary’’ and to be properly funded, adequately commend the joint efforts of the fed- ‘‘national models.’’ maintained, and adjusted to meet the eral Department of Health and Human Two little known, but essential com- ever evolving threat. The American Services, HHS, the Honolulu Emer- ponents of the national antiterrorism public demands no less.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22118 CONGRESSIONAL RECORD—SENATE October 11, 2000 PIPELINE SAFETY of these few members. They will be authority, in which he can manipulate Mr. MCCAIN. Mr. President, I deeply held accountable. his own chances of electoral success. regret that the House of Representa- Mr. INSLEE from the State of Wash- Last Friday, the Ivory Coast’s Su- tives failed yesterday to favorably ap- ington testified before the Senate Com- preme Court issued a ruling barring all prove S. 2438, the Pipeline Safety Im- merce Committee in May on the need but five of twenty candidates seeking provement Act of 2000. That measure to pass comprehensive legislation, not- to run in Presidential elections slated was taken up under suspension of the ing that the ‘‘opportunity to pass com- for later this month. The ruling dis- rules in the House, and therefore, need- prehensive, meaningful legislation may qualified popular opposition leaders, ed two-thirds of the members present not come again until there is another most notably Former Prime Minister and voting to support its passage. The tragedy’’. Sadly, since the time Mr. Alassane Ouattara, and the former rul- final vote was 232 to 158. INSLEE made those comments, two ing party’s candidate, Emile Constant As my colleagues know, the Senate other accidents have occurred—claim- Bombey. Notably, Guei’s former legal has worked long and hard to produce ing a total of 13 more lives. How many advisor is now serving as the court’s comprehensive pipeline safety legisla- more lives are going to be lost before chief. The upcoming elections are look- tion. As a result of our bipartisan ef- Congress finally passes pipeline safety ing more and more like political farce, forts, we unanimously approved S. 2438 legislation? and General Guei’s credibility is in tat- nearly four weeks ago. That measure It is my understanding Mr. INSLEE ters. includes the best provisions from four has urged the Administration, mem- Leading up to the Court’s ruling, the separate proposals pending in the Sen- bers of his House delegation, and lead- General Guei’s government took ac- ate, including legislation introduced by ership on the House side, not to sup- tions clearly intended to intimidate Senators MURRAY and GORTON, the port the Senate bill. It is also my un- the opposition, instituting a state of measure introduced by Senator HOL- derstanding that he has ignored advice emergency, banning opposition politi- LINGS on behalf of the Administration, from his own Senate colleague, Senator cians from international travel, and the bill introduced by Senator BINGA- MURRAY, on this matter. In doing so, executing sweeps to round up immi- MAN, and the bill I introduced along he is dooming the months of effort that grants who have consistently sup- with Senators MURRAY and GORTON. a member of his own party, a Senator ported elements of the opposition. The While the final bill may not be the from his own home state, has put into junta that claimed it stepped into preference of every member, it is a fair crafting a bill that will undoubtably power to save the country now appears and balanced compromise piece of leg- improve pipeline safety. His actions committed to a course of destruction. islation and, to quote Secretary Slater, may have killed the only chance that One of Africa’s most stable and impor- ‘‘is critical to make much-needed im- pipeline safety legislation will pass tant economies is threatened by the in- provements to the pipeline safety pro- this year. And in doing so, he is ensur- stability exacerbated by the junta’s po- gram. It provides for stronger enforce- ing that even more lives may be lost— litical machinations, and General ment, mandatory testing of all pipe- and that the unacceptable status quo Guei’s attempts to rally popular sup- lines, community right-to-know infor- will remain. port have been characterized by mis- mation, and additional resources.’’ I support passage of the strongest guided, xenophobic rhetoric aimed at There is one and only one reason the safety bill possible, and I know the threatening foreigners in a country Senate bill fell 28 votes short, pre- House members I have mentioned are that depends upon an immigrant work- venting it from being on its way to the fully aware of this fact. The strongest force. President at this moment: Partisan bill possible at this time is the bill we The people of the Ivory Coast deserve Politics. approved in the Senate three weeks far better than this. At its core, demo- I can understand the hesitation on ago. Mr. INSLEE’s and others’ claims cratic government is about trusting the part of some to approve a measure that their efforts are driven by a desire citizens to choose their own destiny, that doesn’t include every single provi- for a stronger bill sound well and good. not about manipulating and restricting sion they envision as necessary to ad- But the reality is those efforts only the choices available to them. The dress pipeline safety improvements. preclude any advancement in pipeline West African region, currently engaged But the Senate-passed bill is a good safety from occurring. The actions of in a struggle between the forces of de- bill and would go a long way in pro- these members not only ignore the sub- mocracy and those of thuggery, cer- moting safety improvements. Senator stantial steps we’ve made to reach a tainly does not need another thinly MURRAY said it best on the floor of the fair, balanced pro-safety bill, but also disguised dictatorship in its ranks. The Senate just two weeks ago: ‘‘Don’t let could jeopardize the likelihood we’ll only interests served by the junta’s be- the perfect be the enemy of the good.’’ make any progress on pipeline safety havior are their own. But instead of heeding that advise, the for many years to come. f House has neither approved its own I urge those members obstructing ac- TRIBUTE TO SENATOR DANIEL version of a pipeline safety bill nor has tion on pipeline safety legislation to PATRICK MOYNIHAN, CO-CHAIR it approved the Senate’s unanimously- think carefully about the consequences OF THE NORTHEAST-MIDWEST passed bill. And now time is simply of their obstructionist actions. Each SENATE COALITION running out. day that passes without enactment of I do not relish voicing criticism to- comprehensive pipeline safety legisla- Mr. JEFFORDS. Mr. President, I rise ward the House opponents of S. 2438. tion places public safety at risk. today to commend the excellent serv- But because of their actions, we will f ice of Senator DANIEL PATRICK MOY- most likely fail to make any advance- NIHAN as co-chair of the bipartisan ment in pipeline safety this year. And SITUATION IN THE IVORY COAST Northeast-Midwest Senate Coalition. if we are ultimately prevented from en- Mr. FEINGOLD. Mr. President, I rise Senator MOYNIHAN, as we all know and acting pipeline safety legislation in to comment on the alarming situation regret, will be retiring from the United these remaining few days of the ses- in the Ivory Coast. States Senate at the end of this year. sion, these and the other members When General Robert Guei seized Many people have commented on his working with them will be even less power in a coup last December, he indi- excellent service to the nation and to pleased by the criticisms I will be di- cated that he intended to hand over New York State. I want to pay tribute recting their way if even one more life power to a civilian government quick- to his leadership on regional issues. is lost because of our inaction. Be as- ly. Instead, and despite the urging of Senator MOYNIHAN was elected co- sured, I will be back on this floor re- distinguished African heads of state chair of the Northeast-Midwest Senate minding everyone of our missed oppor- from South Africa, Nigeria, and Sen- Coalition in April 1987. A bipartisan tunity to address identified pipeline egal, Guei has chosen to run for Presi- group of senators had formed the Coali- safety shortcomings due to the actions dent from his position of illegitimate tion in 1978 with the goal of promoting

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22119 regional economic and environmental moved the bill through the scrutiny of effectively for an emergency allocation interests. Senator MOYNIHAN replaced the Water Resources Subcommittee, of Low Income Home Energy Assist- Senator Alan Dixon, and served for sev- then the full Environment Committee ance Program funding. And he has been eral years with Senator John Heinz. and on to the Senate floor. Before the a consistent champion of Weatheriza- Upon his election as co-chair, Senator year had ended, that bill had become tion and energy conservation programs MOYNIHAN said, ‘‘States in the frost law. And it has proven to be a great that help our region and nation to use belt have of late shared a burden of success for the benefit of Lake Cham- energy more efficiently. heavy losses in manufacturing jobs, plain, as well as a model for coopera- In order to block the introduction of military installations and contracts. tion between different states, distinct invasive species in ballast water, Sen- Environmental concerns, from the ris- federal regional jurisdictions and sepa- ator MOYNIHAN helped lead the charge ing waters of the Great Lakes to acid rate nations. for the National Invasive Species Act. rain, occupy us all.’’ Senator MOYNIHAN, I commend you He continues to work to expand that Over the past seven Congresses, Sen- for your leadership on this important legislation beyond aquatic nuisance ator MOYNIHAN persistently has ad- law. And I thank you for the latitude species to address the array of foreign vanced investments in our region’s in- you gave me, in my first year in this plants and animals that cause biologi- frastructure, job-training and edu- United States Senate, to put my mark cal pollution and economic loss cation programs, and basic industries. upon this legislation which continues throughout this country. A stickler for accurate and timely data to have a profound and positive influ- Senator MOYNIHAN and the North- in order to judge our challenges and ence on the ecology of Lake Champlain east-Midwest groups have highlighted progress, he has documented the flow and the quality of life for the hundreds the economic and environmental bene- of federal funds from the Northeast and of thousands of people who live, work fits of cleaning and redeveloping the contaminated industrial sites that Midwest. Working with both Repub- and recreate. plague our communities. He has spon- licans and Democrats, he also has been Aside from this example, there are sored Capitol Hill conferences on a champion of the Great Lakes and the many others. Senator MOYNIHAN took brownfield reuse, and distributed region’s other great environmental as- his assignment as co-chair of the scores of Northeast-Midwest publica- sets. Northeast-Midwest Senate Coalition tions, including case studies of success- Now, Lake Champlain may not be a during a time when our region was ful redevelopment projects. Senator great Lake to the rest of you, but in being less than affectionately referred MOYNIHAN also has helped push several our part of the world, it is revered in to as the ‘‘rust belt.’’ Manufacturing bills that would provide financial, reg- the same way. And it is the reason be- plants were closing, unemployment ulatory, and technical assistance for hind my earliest work with Senator was high, and many workers needed to brownfield reuse. MOYNIHAN. be retrained for new challenges. Sen- To help provide financing and tech- In the summer of 1989, when I was a ator MOYNIHAN led the Coalition in try- nical assistance to manufacturers, freshman Member of the minority ing to identify and promote public poli- which remain critical to our region’s party and Senator MOYNIHAN was Chair cies that would take advantage of the economy, Senator MOYNIHAN and the of the Environment Subcommittee on region’s common assets—its plentiful Northeast-Midwest Coalitions have ad- Water Resources, he scheduled a field natural resources, distinguished uni- vanced the Manufacturing Extension hearing to gather information on the versity and research centers, signifi- Partnership, trade adjustment assist- water quality status of Lake Cham- cant financial centers, and a history of ance, and industrial technology pro- plain. The hearing was split into two entrepreneurship. grams. He has sponsored an array of sessions, one on each side of the lake. Although he would be the first to Capitol Hill briefings on robotics, We heard from Vermonters in Bur- admit that challenges remain, this re- optoelectronics, machine tools, elec- lington, then enjoyed a boat ride across gion’s progress over the past decade tronics, and other industrial sectors. the lake to hear from upstate New and a half results, in part, from Sen- In an effort to protect the Northeast Yorkers in Plattsburgh. ator MOYNIHAN’s consistent leadership. and Midwest, Senator MOYNIHAN has As his first act after commencing the With Senator MOYNIHAN’s leadership, been willing to face the criticism that hearing in Burlington, Chairman MOY- the Coalition has advanced numerous comes from highlighting egregious sub- NIHAN graciously handed the gavel to policy initiatives. It authored the na- sidies going to other regions. He has me so that I might preside over the tion’s first pollution prevention law noted, for instance, that taxpayers in Vermont portion of the hearing. That and promoted the National Invasive the Northeast and Midwest subsidize marked the first time I ever chaired a Species Act to block the proliferation the electricity bills of consumers in Senate hearing, and was made ever of biological pollution. The Coalition other regions, only to have those re- more memorable by the fact that DAN- has protected the Low Income Home gions try to lure away our businesses IEL PATRICK MOYNIHAN had bestowed Energy Assistance Program, and and jobs with the promise of cheap the honor. achieved increased appropriations for electricity. We had an enjoyable, productive day, several energy efficiency programs. It Senator MOYNIHAN has paid par- during the course of which Chairman held the first hearings and developed ticular attention to the flow of federal MOYNIHAN entertained and enlightened legislation on brownfield redevelop- funds to the states, tracking both fed- the participants with his intimate ments, as well as on leaking gasoline eral expenditures as well as taxes paid knowledge of the history of Lake storage tanks. The Coalition advanced to Washington. In his own annual re- Champlain, one our nation’s most his- increased trade with Canada, our na- ports and those by the Coalition, he toric water bodies. Moreover, he dem- tion’s largest trading partner, and it documented the long-standing federal onstrated a keen knowledge of the spearheaded a range of initiatives to disinvestment in New York State and science, hydrology and ecology of Lake enhance the region’s and the nation’s throughout the Northeast and Midwest. Champlain. Senator MOYNIHAN was be- economic competitiveness. The Northeast-Midwest groups, for in- stowed a hero’s welcome by his con- Mr. President, allow me to highlight stance, found that our region’s tax- stituents upon disembarking on the a few other of Senator MOYNIHAN’s spe- payers received only 88 cents in federal Adirondack coast of Lake Champlain cific efforts to advance economic vital- spending for every dollar in taxes that that day. He earned an everlasting re- ity and environmental quality in the they sent to the federal Treasury. In spect among all who participated in Northeast-Midwest region. In recent comparison, states of the South re- the hearing. days, for instance, Senator MOYNIHAN ceived a $1.17 rate of return, while We returned to Washington to draft has helped lead the Coalition’s efforts western states obtained a $1.02 return. the Lake Champlain Special Designa- to prepare for this winter’s pending In fiscal 1998, the Northeast-Midwest tion Act, in concert with Senators fuel crisis. Noting the rise in prices for region’s subsidy to the rest of the na- LEAHY and D’Amato, and promptly heating oil and natural gas, he argued tion totaled some $76 billion. Senator

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MOYNIHAN has led the effort to reverse degradation of public lands, even if the The Interior Department has been this trend. proposal complied with all other stat- working for years to update the 3809 It has been a pleasure to work in a utes and regulations. The final mining regulations after numerous review and bipartisan coalition with Senator DAN- provision included in the report would comments from BLM task forces, con- IEL PATRICK MOYNIHAN. He has dem- permit such a rule. gressional committee hearings, public onstrated that good public policy re- However, during earlier negotiations meetings, consultation with the states sults from cooperation among Demo- of the hardrock mining provision, min- and interest groups, and public review crats and Republicans. His intellectual ing proponents attempted to include of drafts of the proposed regulations. rigor and his demand for quality data language that would have effectively There is no longer any reason to delay have elevated policy discussions within undermined the ability of the BLM to improving these regulations. strengthen the 3809 regulations. This both the Northeast-Midwest Coalition f and throughout the entire United original language would have bound States Senate. any final rule published by the BLM to JUSTICE FOR VICTIMS OF My colleagues from northeastern and the recommendations of the NRC re- TERRORISM ACT midwestern states join me in thanking port. This means that a final rule could Mr. MACK. Mr. President, as an Senator MOYNIHAN for his consistent only address those recommendations original sponsor of the Justice for Vic- leadership and effective advocacy. made by the report and nothing else, tims of Terrorism Act, I wish to make regardless of what actions the BLM f clear that the reference to June 7, 1999 identified as necessary. The original in the anti-terrorism section of H.R. TIME TO STRENGTHEN HARDROCK language is as follows: MINING REGULATIONS 3244 is intended to refer to the case of BILL TEXT Thomas M. Sutherland. Mr. DURBIN. Mr. President, I have None of the funds in this Act or any other strongly advocated strengthening so- Act shall be used by the Secretary of the In- f called 3809 regulations, which governs terior to promulgate final rules to revise 43 LEGISLATIVE BRANCH APPRO- hardrock mining on public lands. How- CFR subpart 3809, except that the Secretary, PRIATIONS CONFERENCE RE- following the public comment period re- ever, attempts to update these regula- quired by section 3002 of Public Law 106–31, PORT tions have been subject to much de- may issue final rules to amend 43 CFR Sub- Mr. MCCAIN. Mr. President, on Sep- bate. part 3809 which are not inconsistent with the tember 19, I submitted for the RECORD, I am pleased to see that the Interior recommendations contained in the National a list of objectionable provisions in the conference report included a com- Research Council report entitled ‘‘Hardrock FY 2001 Legislative Branch Appropria- promise provision related to the regu- Mining on Federal Lands’’ so long as these regulations are also not inconsistent with tions bill. Mr. President, these line lations, which should allow the BLM to items do not violate any of the five ob- move forward with their efforts to bet- existing statutory authorities. Nothing in this section shall be construed to expand the jective criteria I use for identifying ter protect taxpayers and the environ- existing statutory authority of the Sec- spending that was not reviewed in the ment from the impacts of the hardrock retary. appropriate merit-based prioritization mining industry. REPORT LANGUAGE process, and I regret they were in- However, I am concerned about re- Section xxx allows the Bureau of Land cluded on my list. They are as follows: cent statements made by my col- Management to promulgate new hardrock $472,176,000 for construction projects at the mining regulations that are not inconsistent leagues, Senators REID and GORTON, following locations: with the National Research Council Report which I feel distort the intent of the California, Los Angeles, U.S. Courthouse; entitled ‘‘Hardrock Mining on Federal provision and would weaken the 3809 District of Columbia, Bureau of Alcohol, Lands.’’ This provision reinstates a require- regulations. I would like to take this Tobacco and Firearms Headquarters; ment that was included in Public Law 106– Florida, Saint Petersburg, Combined Law opportunity to clarify my under- 113. In that Act, Congress authorized changes Enforcement Facility; standing of the meaning of this provi- to the hardrock mining regulations that are Maryland, Montgomery County, Food and sion. ‘‘not inconsistent with’’ the Report. The Drug; To paraphrase the language of the statutory requirement was based on a con- Administration Consolidation; sensus reached among Committee Members bill text included in the conference re- Michigan, Sault St. Marie, Border Station; and the Administration. On December 8, 1999, port, the mining provision permits the Mississippi, Biloxi-Gulfport, U.S. Court- the Interior Solicitor wrote an opinion con- BLM to prevent undue degradation of house; cluding that this requirement applies only to public lands with a new and stronger Montana, Eureka/Roosville, Border Sta- a few lines of the Report, and that it imposes tion; rule governing hardrock mining on no significant restrictions on the Bureau’s Virginia, Richmond, U.S. Courthouse; public lands. The only requirement is final rulemaking authority. This opinion is Washington, Seattle, U.S. Courthouse. that the rule be ‘‘not inconsistent contrary to the intentions of the Committee Repairs and alterations: with’’ the recommendations contained and to the understanding reached among the Arizona: Phoenix, Federal Building Court- parties in FY2000. The Committee clearly in- in a study completed by the National house, $26,962,000; tended Interior to be guided and bound by Research Council, or NRC. California: Santa Ana, Federal Building, the findings and recommendations of the Re- I agree with the Department of the $27,864,000; port. Accordingly, the statutory language is Interior’s interpretation that the key District of Columbia: Internal Revenue included again in this Report and this action Service Headquarters; phrase ‘‘not inconsistent with’’ means should not be interpreted as a ratification of (Phase 1), $31,780,000, Main State Building that so long as the final mining rule the Solicitor’s opinion. The Committee em- (Phase 3), $28,775,000; does not contradict the recommenda- phasizes that it intends for the Bureau to Maryland: Woodlawn, SSA National Com- tions of the NRC report, the rule can adopt changes to its rules at 43 CFR part 3809 puter Center, $4,285,000; address whatever subject areas the only if those changes are called for in the Michigan: Detroit, McNamara Federal NRC report. BLM finds necessary to improve envi- Building, $26,999,000; ronmental oversight of the hardrock Fortunately, this original language Missouri: Kansas City, Richard Bolling mining industry. did not stand because it was so lim- Federal Building, $25,882,000; For example, one of the recommenda- iting. In fact, President Clinton threat- Kansas City, Federal Building, 8930 Ward tions made in the NRC report would ened to veto the entire Interior Appro- Parkway, $8,964,000; clarify the BLM’s authority to protect priations bill if the mining provision Nebraska: Omaha, Zorinsky Federal Build- valuable natural resources not pro- unduly restricted the ability of the ing, $45,960,000; tected by other laws. Given that rec- BLM to update the regulations. The New York: New York City, 40 Foley Square, $5,037,000; ommendation, it would be ‘‘not incon- improved, final language indicates that Ohio: Cincinnati, Potter Stewart U.S. sistent with’’ the report to issue a rule the intent is not to limit the BLM’s au- Courthouse, $18,434,000; that would allow the disapproval of a thority to strengthen the hardrock Pennsylvania: Pittsburgh, U.S. Post Office- mine proposal if it would cause undue mining regulations. Courthouse, $54,144,000;

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Utah: Salt Lake City, Bennett Federal ference Committee, I understand the Mr. MACK. I thank Senator LAUTEN- Building, $21,199,000; administration insisted upon adding a BERG for making a point with which I Virginia: Reston, J.W. Powell Federal national security interest waiver. The strongly agree: the waiver authority in Building (Phase 2), $22,993,000. Nationwide: waiver, however, was unclear and con- this legislation is intended to be used Design Program, $21,915,000; fusing. The President exercised that on each case or for each asset, but not Energy Program, $5,000,000; waiver within minutes of signing the to be used as a de-facto veto. Glass Fragment Retention Program, bill into law. In drafting this language and negoti- $5,000,000. The scope of that waiver authority ating with the administration over the $276,400,000 for the following construction added in the Appropriations Conference past several months, we believe firmly projects: Committee in 1998 remains in dispute. that using blocked assets of terrorist District of Columbia, U.S. Courthouse Annex; Presidential Determination 99–1 as- states to satisfy judgments is com- Florida, Miami, U.S. Courthouse; serted broad authority to waive the en- pletely consistent with the intent of Massachusetts, Springfield, U.S. Court- tirety of the provision. But the District the Anti-Terrorism Act of 1996, and house; Court of the Southern District of Flor- more significantly, is consistent with New York, Buffalo, U.S. Courthouse. ida rejected the administration’s view our national security interest. Simply Mr. President, the criteria I use when and held, instead, that the President’s stated, making the terrorists who reviewing our annual appropriations authority applied only to section 117’s harm or kill Americans in acts of bills are not intended to reflect a judg- requirement that the Secretaries of international terrorism pay for their ment on the merits of an item. They State and Treasury assist a judgment acts makes for good policy. It should are designed to identify projects that creditor in identifying, locating, and deter future acts of terrorism, as well have not been properly reviewed. Un- executing against non-blocked prop- as provide some small measure of jus- fortunately, on occasion, items are in- erty of a foreign terrorist state. tice to current victims. advertently included that should not The bill now before us, in its amend- Mr. KYL. I thank Senators MACK and be. ed form, would replace the disputed LAUTENBERG for their leadership on f waiver in section 117 of the fiscal year this issue. I would like to add that 1999 Treasury Appropriations Act with from the beginning of my involvement JUSTICE FOR VICTIMS OF a clearer but narrower waiver of 28 on this issue in 1998, I have sought to TERRORISM U.S.C. section 1610(f)(1). In replacing help Senator MACK provide a mecha- Mr. LAUTENBERG. Mr. President, as the waiver, we are accepting that the nism which would not only help cur- we adopt this valuable legislation, I President should have the authority to rent victims, but also set in place a consider it important to clarify the waive the court’s authority to attach procedure to ensure future victims will history and intent of subsection 1(f) of blocked assets. But to understand how be able to attain justice, provided this bill, as amended, in the context of we intend this waiver to be used, it blocked assets are held in the U.S. I the bill as a whole. must be read within the context of would therefore first like to associate This is a key issue for American vic- other provisions of the legislation. myself with the interpretation of the tims of state-sponsored terrorism who A waiver of the attachment provision waiver as expressed by Senators LAU- have sued or who will in the future sue would seem appropriate for final and TENBERG and MACK. I do not appreciate the responsible terrorism-list state, as pending Anti-Terrorism Act cases iden- seeing laws in effect vetoed through a they are entitled to do under the Anti- tified in subsection (a)(2) of this bill. In waiver authority interpreted overly Terrorism Act of 1996. Victims who al- these cases, judicial attachment is not broadly. Indeed, the waiver used in this ready hold U.S. court judgments, and a necessary because the executive branch language should be exercised on a case- few whose related cases will soon be de- will appropriately pay compensatory by-case basis only. cided, will receive their compensatory damages to the victims from blocked Second, I would also like to point out damages as a direct result of this legis- assets or use blocked assets to collect the precedent being set and the reaffir- lation. It is my hope and objective that the funds from terrorist states. mation of authority. The administra- this legislation will similarly help This legislation also reaffirms the tion assures us via a private letter that other pending and future Anti-Ter- President’s statutory authority to vest the judgment creditors already holding rorism Act plaintiffs when U.S. courts foreign assets located in the United final judgment will be paid their com- issue judgments against the foreign States for the purposes of assisting and pensatory awards within 60 days of the state sponsors of specific terrorist acts. making payments to victims of ter- enactment of this act. The administra- I am particularly determined that the rorism. This provision restates the tion will do so using executive author- families of the victims of Pan Am President’s authority to assist victims ity to vest and pay from blocked as- flight 103 should be able to collect dam- with pending and future cases. Our in- sets. In addition, the Congress statu- ages promptly if they can demonstrate tent is that the President will review torily reaffirms the President’s author- to the satisfaction of a U.S. court that each case when the court issues a final ity to vest and pay from blocked assets Libya is indeed responsible for that judgment to determine whether to use in the future to help future victims of heinous bombing. the national security waiver, whether terrorism. Let me state very clearly More than 2 years ago, I joined with to help the plaintiffs collect from a for- that there is no way, based upon the Senator CONNIE MACK to amend the fis- eign state’s non-blocked assets in the procedure now in place, that future vic- cal year 1999 Treasury-Postal Appro- U.S., whether to allow the courts to at- tims will be forced to suffer the pro- priations bill to help victims of ter- tach and execute against blocked as- longed battle with their government rorism who successfully sued foreign sets, or whether to use existing au- that these first victims were forced to states under the Anti-Terrorism Act. thorities to vest and pay those assets bear. I am pleased with the justice That amendment, which became sec- as damages to the victims of terrorism. being delivered today; but I am espe- tion 117 of the Treasury and General Let me say that again: It is our in- cially pleased by the process in place to Government Appropriations Act for fis- tention that the President will con- help any future victims. Hopefully, cal year 1999, made the assets of for- sider each case on its own merits; this with this process, the deterrent capa- eign terrorist states blocked by the waiver should not be applied in a rou- bility of this law will become more Treasury Department under our sanc- tine or blanket manner. powerful. tions laws explicitly available for at- I hope future Presidents will use the Mrs. FEINSTEIN. I am pleased have tachment by U.S. courts for the very waiver provision only as President worked with Senators LAUTENBERG, limited purpose of satisfying Anti-Ter- Clinton will use other provisions of the MACK, and KYL in getting this legisla- rorism Act judgments. current bill: to aid victims of terrorism tion to this point. The national secu- Unfortunately, when that provision and make its state sponsors pay for rity interest waiver should be used came before the House-Senate Con- their crimes. only when there is a specific national

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22122 CONGRESSIONAL RECORD—SENATE October 11, 2000 security interest greater than the in- Historically, the Florida Everglades schools, roads, and other beneficial terest in taking effective action to system consisted of a natural flow of purposes. The bill also, however, cre- combat terrorism against American 1.7 billion gallons of fresh water drain- ates unprecedented opportunities for citizens; and it should be exercised on a ing into the Gulf of Mexico and the At- local stakeholders to play a role in de- case-by-case basis. The judiciary Com- lantic Ocean on a daily basis. Begin- cision-making on Federal lands. It is mittee never intended to divide vic- ning in 1948, the system has been ad- this latter feature of the bill that has tims, helping some and not others. We versely impacted by a series of Federal the potential to have a negative impact must ensure that all American victims flood control projects authorized by on the health of our forests. of terrorism able to successfully hold Congress to redirect water flows I am deeply disappointed at the foreign states responsible to the satis- throughout the Everglades. Over a version of the bill that was just passed. faction of U.S. courts are treated fairly half-century of Army Corps of Engi- For months I worked closely with my and aided by this and future adminis- neers’ water infrastructure projects, Senate colleagues to negotiate a com- trations to collect their damages. consisting of a series of levees and ca- promise proposal that included safe- Mr. HELMS. I congratulate Senators nals, have severely damaged the Ever- guards to help ensure that the bill MACK, KYL, LAUTENBERG, and FEIN- glades system. This substantial diver- would not lead to increased exploi- STEIN, for their fine work on getting sion of water resulting from the infra- tation of our federal timber resources. this anti-terrorism legislation through structure construction, coupled with This earlier version of the bill (S. 1608), the Congress and passed. I would like increased development in the area, which passed the Senate by unanimous to point out the conferees agree with threaten the overall environmental consent, benefitted greatly from the comments mentioned by my col- health and sustainability of the Ever- changes that clarified the appropriate leagues and this has been so stated in glades National Park. In 1992 and 1996, role of local communities in Federal the conference report to accompany Congress directed the Army Corps of land management decisions and di- this bill. Engineers to conduct a ‘‘Restudy’’ of rected local projects funded under this f the existing system and recommend bill towards environmentally beneficial changes to improve the current state of activities rather than commodity pro- VICTIMS OF GUN VIOLENCE the Everglades. The results of the re- duction. Unfortunately, many improve- Mr. DURBIN. Mr. President, it has study and recommendations for restor- ments that I fought for in the Senate- been more than a year since the Col- ing the system are incorporated into passed bill have either been discarded umbine tragedy, but still this Repub- the ‘‘Comprehensive Everglades Res- or weakened in H.R. 2389. lican Congress refuses to act on sen- toration Plan’’. I pledge to monitor closely imple- sible gun legislation. S. 2797 implements the Everglades mentation of this Act to see if it re- Since Columbine, thousands of Amer- Restoration Plan. The bill was ap- sults in local projects that involve icans have been killed by gunfire. Until proved by a bi-partisan majority of unsustainable logging, salvage, and we act, Democrats in the Senate will members of the Senate Committee on other types of environmentally dam- read the names of some of those who Environment and Public Works and is aging activities. I hope this does not have lost their lives to gun violence in strongly supported by the Administra- materialize, but if it does, I will seek the past year, and we will continue to tion and the State of Florida. Restor- to make improvements to the Act. do so every day that the Senate is in ing the Everglades, an American Leg- f session. acy Act is a $7.8 billion dollar package DEATH OF E.S. JOHNNY WALKER In the name of those who died, we that includes a broad framework for re- will continue this fight. Following are pairing the system’s fragile ecosystem. Mr. BINGAMAN. Mr. President, I rise the names of some of the people who Additionally, the bill creates a new and to advise Members of the Senate that were killed by gunfire one year ago significant partnership between the New Mexico lost a very distinguished today. Federal Government and the State of citizen and a good friend with the October 11, 1999: Florida. S. 2797 includes cost share pro- death of E.S. Johnny Walker on Sun- Clifton Aaron, 21, Kansas City, MO; visions establishing a 50:50 Federal to day at the age of 89. His life of public Daniel Bennett, 23, Washington, DC; non-Federal cost share requirement service began with 4 years in the Army Larry Clark, 51, Atlanta, GA; Mico and providing that operation and main- in World War II. Subsequently, it in- Curtis, 28, Atlanta, GA; Thomas tenance costs will also be split in half cluded two terms in our State legisla- Spivey, 22, Nashville, TN; Arthur between the Federal and non-Federal ture in the House of Representatives in Strickland, 28, Gary, IN; Kristian Sul- sponsors. Most importantly, the bill Santa Fe, followed by service as com- livan, 25, Detroit, MI; Lloyd Whitfield, balances the benefits to the natural missioner of our public lands in New 28, Detroit, MI; and Arshon Young, 19, system, while providing for water sup- Mexico and commissioner of the bu- Miami-Dade County, FL. ply and flood protection needs. reau of revenue. He was elected to the We cannot sit back and allow such I thank the Committee for moving U.S. House of Representatives in 1964 senseless gun violence to continue. The forward with this important legisla- and served two terms here in Wash- deaths of these people are a reminder tion. I would particularly like to thank ington representing New Mexico in the to all of us that we need to enact sen- Chairman BOB SMITH for his leadership House of Representatives. sible gun legislation now. on restoring the Everglades and for Johnny is survived by his wife Polly, f crafting legislation that will ensure to whom he was married for 63 years; the future preservation of this national also by their two children, Mike Walk- RESTORING THE EVERGLADES, AN treasure. er and Janet Walker Steele; also by AMERICAN LEGACY ACT f grandchildren and great-grandchildren, Mr. L. CHAFEE. Mr. President, when colleagues, and, of course, many the Senate passed the Water Resources COUNTY PAYMENTS BILL, H.R. 2389 friends. I am proud to say that his Development Act of 2000 (WRDA) on Mrs. BOXER. Mr. President, on Fri- friends included my family and, of September 25th, a landmark piece of day the Senate passed H.R. 2389, the course, me. We have known the Walk- legislation was attached to the bill. ‘‘Secure Rural Schools and Community ers for decades. This legislation—S. 2797, Restoring the Self-Determination Act of 1999.’’ I have I fondly recall his friendship with my Everglades, an American Legacy Act— paid close attention to the bill because parents and with my uncle, John was introduced by Senators SMITH, it has significant implications for the Bingaman, during the time when I was BAUCUS, VOINOVICH, GRAHAM and MACK State of California. H.R. 2389 is impor- growing up in Silver City. He was a earlier this summer to restore the nat- tant to my State because it provides ‘‘man of the people’’ in the very best ural ecosystem of the Florida Ever- substantial and desperately-needed sense of that phrase. He worked very glades. revenue to rural counties to be used for hard for the interest of the people of

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22123 New Mexico, and he will be remem- pensive for companies of our size. The funding for the Rural Utilities Service bered warmly in our State for his hu- FCC has no sympathy for small rural telephone loan program. I firmly be- manity and for his great service. telecommunications companies.’’ lieve that RUS telephone loans have f As my colleagues know, this de-regu- helped to improve telephone service in latory law has been the subject of liti- rural and high cost areas. Through RURAL TELECOMMUNICATIONS gation from the moment it was enacted RUS financing, telephone borrowers POLICY due to what many perceive to be the have made significant improvements to Mr. GRAMS. Mr. President, I rise FCC’s over-regulatory approach to its telecommunications services through- today to express my views toward Fed- implementation. Far too often, the out rural Minnesota. eral implementation of the 1996 Tele- Commission’s rules have gone beyond My oversight of the FCC has also in- communications Act and my support Congressional intent. In particular, I cluded efforts to make it easier for for a strong national rural tele- am disappointed by the Commission’s rural telecommunications carriers to communications policy. implementation of sections of the Act meet the requirements of the Commu- One of the most important respon- which are intended to preserve uni- nications Assistance for Law Enforce- sibilities of a United States Senator is versal service assistance and the de- ment Act, or CALEA. In meeting with to exercise appropriate oversight of ployment of advanced telecommuni- small telephone carriers from Min- Federal regulatory agencies to ensure cations services. I am sure that my col- nesota earlier this year, I learned sound policy and the wisest use of tax- leagues would agree that universal about the difficulty many carriers face payers dollars. Toward this end, I have service assistance is the cornerstone of in meeting the June 30, 2000 CALEA carefully monitored the Federal Com- an effective rural telecommunications compliance date. I agree that the FCC munications Commission’s implemen- policy. should grant a blanket extension of the tation of the 1996 Telecommunications In implementing the 1996 Act, the compliance date so that rural carriers Act in an attempt to ensure that this Commission has thus far failed to ad- will not face a $10,000 penalty for each agency follows the intent of Congress here to the important universal service day that they were not in compliance in developing a strong national rural principles established by Congress with CALEA. telecommunications policy. under this law. The Act specifically re- For these reasons, I was pleased to I am proud to have supported the his- quired the joint board on universal join this past April with twenty-five of toric 1996 Telecommunications Act service and the FCC to base their uni- my Senate colleagues in a writing the which deregulated the telecommuni- versal service policies upon the fol- Commission to urge that it extend the cations industry for the first time in 62 lowing principles: the ability of quality June 30, 2000 CALEA compliance date years. I believe this Act has begun to services to be provided at just, reason- for software upgrades by small carriers reach its promise of a competitive mar- able and affordable rates; that all re- by one year. I regret that the Commis- ketplace, lower prices, and greater con- gions of the country should have access sion has a different interpretation of sumer choice in services for every to advanced telecommunications serv- the needs of rural carriers in meeting American. Since its passage, the tele- ices; that telecommunications services this compliance date. I expect that the communications industry has grown should be comparable to services in Commission’s new process by which in- dramatically, creating 230,000 more urban areas; and that universal service dividual carriers could petition for and jobs nationwide, generating an addi- should be supported by specific and receive extensions to comply with tional $57 billion in revenues, and fos- predictable funding mechanisms. Con- CALEA has been time consuming and tering an environment in which bil- gress should clearly do more to hold burdensome for small telephone car- lions of dollars has been invested in the Commission’s feet to the fire to en- riers. I would be supportive of legisla- telecommunications infrastructure. sure that there is proper implementa- tive action to address problems with Despite this promising news, I am very tion of universal service support. CALEA compliance. concerned that the FCC’s implementa- I have worked hard in Congress to en- During this Congress, I have also tion of the Act has stifled the expan- sure that the decades-long policy of worked with the Minnesota Associa- sion of some of these benefits into universal service is preserved and ad- tion for Rural Telecommunications and rural parts of Minnesota. vanced and that there are adequate the Minnesota Telephone Association As a former small businessman, I revenues to maintain rural networks. to encourage local phone competition often hear about the regulatory bur- Earlier this Congress, I wrote to FCC in Minnesota by urging the Commis- dens experienced by my state’s entre- Chairman Kennard to express my oppo- sion to address the petition filed by the preneurs and businesses. As someone sition to any proposal which would State of Minnesota in 1997 on whether who spent 23 years in the broadcasting transfer authority over the Universal its ‘‘Connecting Minnesota’’ proposal industry, I also understand their frus- Service Fund to the Department of between the state and a private com- tration with the far-reaching regu- Treasury. I believe that such an ap- pany was consistent with the rights-of- latory authority of the Federal Com- proach would undermine universal way criteria established through Sec- munications Commission. It has be- service policy and could have an ad- tion 253 of the Act. Not surprisingly, it come very clear to me that the admin- verse impact upon small telephone car- took the Commission nearly two years istrative and regulatory burdens im- riers and the communities they serve. to analyze and rule upon the State of posed upon small telecommunications More importantly, this plan would Minnesota petition. Rural consumers providers reflect the Commission’s ne- place the Universal Service Fund at may witness additional entrants into glect for the unique needs of rural tele- great risk of manipulation by the fed- local television markets following the communications companies and their eral government and the excessive Federal Communications Commission’s need for fairer regulatory treatment. spending habits of Members of Con- decision to deny the petition. The concerns of rural telecommuni- gress. I am pleased that the Adminis- Bringing technology to rural areas cations companies are underscored in a tration has finally agreed that is not has always been a top priority for me. letter sent to me by Farmers Mutual ‘‘public money’’ and has withdrawn As a member of the Congressional Telephone Company General Manager this ill-advised plan. Internet Caucus, I have supported poli- Robert Hoffman, who wrote, ‘‘My con- I also believe that the Rural Utilities cies to address the growing concern in cern with the FCC is all the additional Service telephone loan program is vital Minnesota about the ‘‘digital divide’’ filings and requirements they are plac- to the development of a strong rural and access to the Internet. High-speed ing on small telephone companies. A telecommunications infrastructure, Internet access is a key to improved couple of years ago we didn’t have any and an essential component of our na- economic development in rural com- filings with the FCC. Now we have tional commitment to universal serv- munities and important to Minnesota’s about ten annual filings which are con- ice. I have repeatedly written the Sen- farmers, schools, small businesses, and fusing and labor intensive, and thus ex- ate Appropriations Committee to urge hospitals. For these reasons, I strongly

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 22124 CONGRESSIONAL RECORD—SENATE October 11, 2000 disagree with the Commission’s inter- new law grants legal effect to elec- new Yugoslav President, Vojislav pretation of section 706 of the Act tronic online electronic signatures that Kostunica. As in the Phillipines, Indo- which requires the agency to encourage will enhance the ability of rural com- nesia, Romania and even our nation, the deployment of high-speed Internet panies to complete business trans- the will of an aroused people, deter- access and other advanced communica- actions and compete in our emerging mined to secure their freedom, proved tions services to rural Minnesota. In digital economy. Rather than spend irresistible. We will not soon forget the my view, inaction by the FCC in re- precious time and resources com- sight of ordinary men and women moving barriers to the deployment of pleting paper transactions, the E-SIGN storming the Yugoslav parliament—the advanced telecommunications services Act will also allow consumers to pay people’s house—to restore that symbol can be overcome through the enact- bills, trade securities, and shop online of democracy to its rightful owners. ment of incremental proposals that for a home mortgage and complete the While we congratulate and appreciate complement marketplace solutions. deal by striking a few keys on their these dramatic developments in Serbia, More specifically, I am proud to be a computer. it is important to reflect a little on our cosponsor of the ‘‘Universal Service Finally, I am proud to have worked own democracy. This Presidential elec- Support Act’’ introduced by Senator with my colleagues on the Senate tion marks the 54th time in our na- CONRAD BURNS and endorsed by the Na- Banking Committee to pass the tion’s history that executive power will tional Telephone Cooperative Associa- ‘‘Launching Our Communities Access change hands peacefully, and according tion. This legislation will lift the regu- to Local Television Act of 2000.’’ The to the will of the people. In many re- latory caps imposed upon the Universal LOCAL TV Act would establish a $1.25 spects, the amazing success of our in- Service Fund that limit the amount of billion loan guarantee program to fa- dustry, our science and even our mili- support that can be directed to rural cilitate access to local television pro- tary might all rests on this simple fact. telephone companies that serve high- gramming in rural Minnesota commu- Without a foundation of freedom, cost areas of our state. These regu- nities. I am very pleased that the Sen- Americans could never have achieved latory caps are inconsistent with the ate unanimously passed my amend- the boundless success we have known. de-regulatory framework established ment that will ensure that the Na- We owe a great debt to men and women by the 1996 Act and an unnecessary bar- tional Cooperative Finance Coopera- who founded our nation for their fore- rier to allowing further the further de- tion is considered an eligible lender sight and their sacrifice. ployment of advanced telecommuni- under the proposed loan guarantee pro- The Balkans are a land of tragic his- cations services in rural communities. gram. The CFC is among several pri- tory. It provided the spark for the I believe that we can also prevent vate sector lenders which have sub- First World War, and has been in tur- rural communities from becoming stantial experience providing multi- moil ever since. I am reminded that on technology ‘‘have nots’’ through repeal million loans in a cooperative environ- the eve of the start of World War I, the of the federal telephone excise tax. The ment and which have a track record of British Foreign Minister looked out his projects of this size in rural areas. I am 3 percent telephone excise tax was first window upon a worker putting out the confident that this legislation will be established to fund the Spanish-Amer- street lights, and remarked: signed into law later this month. ican War of 1898 but has since become The lamps are going out all over Europe; an obstacle to community investment I am proud to have worked with con- sumers and Minnesota’s rural tele- we shall not see them lit again in our life- in technology. I am proud to be a co- time. communications companies on these sponsor of legislation to repeal this For the first time in a very long ‘‘Tax on Talking’’ and save taxpayers issues and other initiatives that will help our state and country to develop a time, the lamps of European freedom billions annually. are lit across the entire continent. It is There is no single solution to closing strong rural telecommunications pol- icy. a vindication of the sacrifice of two the digital divide and I also support S. generations of Americans who risked f 2572, the ‘‘Facilitating Access to their lives in war. It is a vindication of Speedy Transmission for Networks, E- THE YUGOSLAVIAN ELECTIONS this nation’s principles, and most of commerce and Telecommunications Ms. LANDRIEU. Mr. President, ten all, it is a vindication of the aspira- Act,’’ also known as the ‘‘FASTNET years ago this October, a wall came tions of the Yugoslavian people. I hope Act.’’ This legislation will relieve mid- down in Eastern Europe which marked that this body, when we return next size telephone companies of excessive a renaissance for democracy in that re- year, will act quickly and generously reporting requirements that are a bar- gion of the world. I believe we all re- to welcome Serbia back to the commu- rier to additional company investment member the dramatic pictures from nity of nations. I also hope that we will in Internet services that would serve Berlin, with crowds in celebration, and take all necessary steps to secure a rural communities. This legislation Beethoven’s ‘‘Ode to Joy’’ booming in lasting peace in the Balkans. I believe was passed unanimously by the House the background. On the 10th Anniver- it is important that we place a par- of Representatives and I hope that it sary of that celebration, I believe we ticular focus on the children of this re- will be considered by the Senate soon. have seen that promise of democracy gion. Like so many other conflicts, the Congress should also consider proposals spread to one of the last tyrannies in wounds of the Balkans will take time that will authorize the Rural Utilities Europe. Last Thursday, we bore wit- to heal. Our best hope for that healing Service to provide low-interest loans to ness to similarly dramatic images of comes from the children. I look for- companies that are deploying the Serbian people united in the cause ward to working with my colleagues so broadband technology, as well as legis- of freedom. that our best hopes might be realized. lation that will analyze the feasibility Earlier in the week, I think we all re- of allowing low power television sta- alized something dramatic had hap- f tions to provide data services to rural pened in Serbia. I joined with my AMERICAN CANCER SOCIETY’S PO- areas. friend and colleague, the junior Sen- SITION ON THE PAIN RELIEF As we embark on the 21st Century, it ator from Ohio to introduce a resolu- PROMOTION ACT is vital that Minnesota’s high-tech tion commending the People of Yugo- businesses serving rural areas are not slavia for the brave step they took in Mr. WYDEN. Mr. President, on Octo- left behind in our new e-commerce their elections. It showed the kind of ber 4, 2000, I did not correctly state the economy. During this session of Con- courage that a people must dem- American Cancer Society’s position on gress, I was an early and strong sup- onstrate if they are truly determined S. 1272, when I stated that they ‘‘. . . porter of the enactment of ‘‘E-SIGN,’’ to establish the rule of law and the rule strongly opposed . . . the Pain Relief electronic signature legislation that of the people. Promotion Act.’’ Their actual position, will facilitate the growth of electronic We woke up to the wonderful news taken directly from their recent state- commerce into rural Minnesota. This that the whole world acknowledges the ment on the legislation, is as follows:

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.002 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22125 . . . The American Cancer Society appre- THE WILDLIFE AND SPORT FISH also made the citizens of their home ciates the commitment shown by the spon- RESTORATION PROGRAMS IM- State of Kansas proud. sors of the legislation to address these PROVEMENT ACT OF 2000. The spirit of these athletes is encour- issues, but unfortunately is unable to sup- aging and is to be applauded. America’s port this legislation as written . . . Careful Mr. CRAIG. Mr. President, I rise analysis of the House-passed measure and a today in support of the Environment team could not have finished on top substitute version of the Senate bill . . . and Public Works Committee’s sub- without the help of these special Kan- have serious potential to exacerbate the cur- stitute to H.R. 3671, the Wildlife and sans. Every four years the world comes rent problem of under treatment of pain. Sport Fish Restoration Programs Im- together in this ultimate show of While there are provisions to proactively ad- athleticism. These Kansan athletes dress pain and symptom management, the provement Act of 2000. Chairman YOUNG and others did a will be forever a part of this honorable Society maintains that any benefit from tradition. It gives me great pleasure to such provisions would not outweigh the po- tremendous amount of investigative tential threat posed by the changes to CSA. and legislative work to get us to this recognize the accomplishments of Furthermore, neither section of the bill com- point, and I want to thank them for all these athletes. prehensively addresses the needs of pro- of their efforts. Their original bill Maurice Greene maintained his role viders, patients, and families for ongoing passed the House with tremendous bi- as the fastest man on Earth by winning support and education to counter the current partisan approval, garnering just two the Men’s 100 meter race. He also problem of under-treatment of pain—a prob- ‘‘no’’ votes. helped the 4x100 relay team run their lem that often leads to requests for physi- way to another gold medal for the cian-assisted suicide . . . Under the Act, all Senator CRAPO and I took the House bill and strengthened it by providing a American Team. physicians and particularly physicians who Nathan Leeper rose to high aspira- care for those with terminal illnesses will be sensible level for grants for projects made especially vulnerable to having their that affect more than one state and tions in the high jump competition. pain and symptom management treatment strengthening the provision to ensure After leaving the sport for a short decisions questioned by law enforcement of- states use a reasonable portion of the time, Nathan made the ultimate come- ficials not qualified to judge medical deci- Pittman-Robertson money to provide back as a member of this Olympic sion-making. This can result in unnecessary hunter education programs. It was in- Team. investigation, and further disincentives to troduced as S. 2609 and garnered 14 co- Passion Richardson helped the wom- aggressively treat pain. en’s 4x100m Relay team run their way Unfortunately, ‘intent’ cannot be easily sponsors. determined, particularly in the area of medi- Senators SMITH, CRAPO, BAUCUS, and out of the rounds into the finals. this cine where effective dosage levels for pa- BOXER worked hard on Senate legisla- competition was Passion’s Olympic tients may deviate significantly from the tion that everyone can agree on. I ap- debut and her participation in this norm. The question of deciding intent should preciate their dedication to that work, event is the epitome of teamwork and remain in the hands of those properly and we have produced an excellent dedication. trained to make such decisions—the medical product that will bring accountability Christie Ambrosi helped the women’s community and state medical boards. The to a program that represents one-third softball team grab the gold medal for Pain Relief Promotion Act seeks to hold America. Her hard work as an out- harmless any physician who treats a pa- of the U.S. Fish and Wildlife Service’s tient’s pain even if death occurs, and the budget, ensure the hunting and fishing fielder and strong hitting skills measure attempts to create a ‘safe harbor’ community that the money they pay in brought the team home with gold med- provision in an effort to shield physicians excise taxes is being used for its in- als along with their gloves. whose use of federally-controlled drugs unin- tended purpose, and that the Pittman- As a member of the Women’s tentionally hasten or cause death. However, Robertson and Dingell-Johnson pro- volleyball team, Sarah Noriega rose be- this provision does not change the fact that grams will continue to be this nation’s yond the expectations. Sarah helped the DEA would now explicitly be charged premier wildlife and fisheries conserva- launch the team into the medal round, with overseeing the medical use of con- proving that the team has a great fu- trolled substances, resulting in a negative tion programs. impact on cancer pain treatment. . . I encourage all of my colleagues to ture ahead. Tara Nott made Olympic history as The American Cancer Society state- support this substitute, and I encour- the first woman to go home with gold ment concluded with the following ob- age the President of the United States from a Women’s Olympic Weightlifting servation: to sign this important piece of legisla- tion. competition. Christie had no problem The American Cancer Society has engaged carrying her gold medal home to Kan- in a deliberative process to evaluate the im- f sas. pact of the Pain Relief Promotion Act on our ADDITIONAL STATEMENTS Quality of Life goals for all people living Melvin Douglas is no stranger to the with cancer. Its analysis included a review of Olympic games, as the Sydney com- existing Society policies on pain and symp- petition as his second Olympic appear- tom management and opposition to physi- KANSAN OLYMPIANS ance. His perseverance in the sport has cian assisted suicide. We have concluded ∑ Mr. BROWNBACK. Mr. President, I proven that great athletes can come at that as written, the Pain Relief Promotion rise today to recognize the athletes any age. Act would ban the use of federally controlled from Kansas who participated in the Again, Mr. President, I congratulate substances for physician-assisted suicide at 2000 Olympic Games in Sydney, Aus- the expense of controlling pain and advanc- these Kansas Athletes on their out- ing symptom management. These issues are tralia. Each of these athletes contrib- standing accomplishments. All of these both critically important, but are separate uted in his or her own way to the suc- athletes have made Kansas and United issues. While the Society strongly opposes cess of the American Team. It is my States of America very proud.∑ all patient deaths stemming from assisted pleasure to recognize the following ath- f suicides, we must give heavier weight to the letes from Kansas for their efforts in more than 1500 individuals who die of cancer the Olympic Games: Maurice Greene, RECOGNITION OF CLIFFORD every day in this country—more than half of Nathan Leeper, Passion Richardson, PIERCE MIDDLE SCHOOL IN whom die in pain unnecessarily. Moreover, Christie Ambrosi, Sarah Noriega, Tara MERRILLVILLE, INDIANA, WIN- the American Cancer Society believes that Nott, and Melvin Douglas. NER OF THE PRESTIGIOUS BLUE the best approach to help cancer patients RIBBON SCHOOLS AWARD and reduce and prevent assisted suicide is Each of these athletes deserves to be through the adoption of proactive policies commended on their perseverance and ∑ Mr. BAYH. Mr. President, I rise and the provision of resources to prevent and dedication to their respective sports. proudly today to congratulate Clifford ameliorate pain and suffering in people with The devotion of these athletes has been Pierce Middle School in Merrillville, cancer, especially for those at the end-of-life. rewarded with the opportunity to rep- Indiana for its selection by the U.S. I appreciate this opportunity to clar- resent the United States as Olympic Secretary of Education as one of the ify the position of the American Cancer Athletes. Not only have these athletes nation’s outstanding Blue Ribbon Society on S. 1272. represented America, but they have Schools. Clifford Pierce Middle School

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22126 CONGRESSIONAL RECORD—SENATE October 11, 2000 is one of only two Indiana schools, and ety that they are brought into. The event but ‘‘Do Your Best.’’ To the Boy Scouts of one of only 198 schools across the coun- here at Columbine in Littleton Colorado, and America, thank you for defending our 90- try, to be awarded this prestigious rec- the events at Moses Lake Washington, Pearl year record and not allowing the Oath & Law ognition. Mississippi, Jonesboro Arkansas, Edinboro to be redefined. As you say, it has stood the In order to be recognized as a Blue Pennsylvania, Fayetteville Tennessee, test of time. The generation that wants to Springfield Oregon, Richmond Virginia, Con- change the Oath & Law has not stood the Ribbon School, Clifford Pierce Middle yers Georgia, Los Angeles California and test of time. To all the scouts across Amer- School met rigorous criteria for overall elsewhere indicate to me that our nation has ica that sent me & my troop cards, letters, excellence. The teachers and adminis- a serious character flaw. Since the Col- posters, your thoughts and prayers, thank tration officials demonstrated to the umbine tragedy, I have tried to stay abreast you from the bottom of my heart. To you Secretary of Education the qualities of the ‘‘adult society’’ debate as to the here tonight, I bid you vaya con Dios mi necessary to prepare successfully our ‘‘why’’ and ‘‘how’’ of these terrible incidents. amigos, God Bless you and God Bless the young people for the challenges of the The adults debate and argue over what con- work you do. new century, and proved that the stu- stitutes good and what constitutes evil; what Thank You. is right and what is wrong. At the time of dents at Clifford Pierce Middle School EVAN TODD, the Columbine tragedy, our national leader, Eagle Scout Troop 989.∑ effectively met local, state and na- the President, stated the youth of this na- tional goals. tion need to learn to resolve our differences REMARKS BY EVAN TODD AT ‘‘THE Hoosiers can be very proud of our with words, not weapons. At the time this GATHERING’’ Blue Ribbon schools. The students and statement was made, we as a nation, were I have been told that into each life some faculty of Clifford Pierce Middle bombing Yugoslavia. They tell us that the rain must fall. Some get rained on more than School have shown a consistent com- youth of this nation need to be more toler- others. The rain that came down on us at mitment to academic excellence and ant, kinder, gentler, more understanding. Columbine and at Moses Lake Washington, community leadership. Clifford Pierce Yet our entertainment, music, TV, movies, Pearl Mississippi, Jonesboro Arkansas, Middle School has raised the bar for games (and actions of) the adult world pro- Edinboro Pennsylvania, Fayetteville Ten- vides for our consumption are all too often educating our children and for nur- nessee, Springfield Oregon, Richmond Vir- filled with violence, sex, death and destruc- ginia, Conyers Georgia, Los Angeles Cali- turing strong values. This Hoosier tion. If we were to take into our lives what fornia and elsewhere were cloudbursts of epic school provides a clear example as we is provided to us by our society, our actions proportions. All of these acts were senseless, work to improve the quality of edu- would also violate the Scout Oath & Law. tragic and without justification, whatsoever. cation in Indiana and across the Na- Other solutions to school violence have been As a student who was shot and wounded in tion.∑ nametags to be carried around our neck as the library at Columbine, who was literally millstones, metal detectors, increased video f trapped while 10 of my classmates were mur- surveillance, etc. Our nation has always had dered, 4 of them my friends and 16 more of us HONORING A COLUMBINE HERO, guns. Our nation has always had children. were wounded, crippled, disfigured and para- BOY SCOUT EVAN TODD What our nation hasn’t always had is chil- lyzed, it has changed my life, forever. dren murdering children and their parents, ∑ Mr. ALLARD. Mr. President, I rise I believe that the children of a society are and parents murdering their children. The nothing more than the reflection of the soci- today to share with my colleagues a ingregient that has made America different ety that they are brought into. These events pair of statements I recently received is the last couple of ‘adult generations’, and indicate to me that America has a serious from an exceptional young man in Col- their changes towards what is right & wrong, character flaw. Since the Columbine trag- orado, Mr. Evan Todd of Littleton. good & evil. It appears to me that our soci- edy, I have tried to stay abreast of the Evan was one of the many unfortunate ety is confused. The adult world seems as a ‘‘adult society’’ debate as to the ‘‘why’’ of victims of the horrific shooting that ship with no rudder being cast around by the these terrible incidents. The adults debate took place at Columbine High School wind and storms of our times, with no con- and argue over what constitutes good, . . . trol or understanding as to why. Many of on April 20, 1999. Evan was the first and what constitutes evil; what is right and these storms appear to have been caused by what is wrong. Our nation has always had student shot in the library at Col- their own accord. It’s as if our adult society guns. Our nation has always had children. I umbine High School, and despite his in- has no compass, no bearing, no standards for believe what our nation hasn’t had—is chil- juries he assisted other students and our society. I have found them confused. dren murdering children—and their parents, administered first aid to a seriously Even at our age, we can discern the dif- . . . and parents murdering their children. wounded peer until emergency services ference between what you say and what you The ingredient that has made American dif- could arrive. Evan, an active Boy do . . . ferent is the last couple of ‘‘adult genera- Scout, was awarded the prestigious In regard to the solution of watching what tions’’ of Americans, and their changes to- comes out of us by monitoring closely our Boy Scouts of America Honor Medal wards what is right & wrong, good & evil. Is world with surveillance cameras, what we God now sending forth demons to America in for his inspiring actions. Still a Col- say, how we look, etc., our society needs to the form of its children, or have the demons umbine student, Evan has dedicated a watch carefully what goes into us. In my occupied our adult society, by invitation? tremendous amount of time to speak- room is a picture of the Grand Teton moun- How are we as kids treated differently than ing to other students and adults around tain range in Wyoming. Below the picture is the kids before us? As a generation, we are the nation concerning the problems of the following: unique. We have been slaughtered on our youth violence and the cultural influ- THE ESSENCE OF DESTINY way into this world, we are murdered as we ences on American youth. I am hon- ‘‘Watch your thoughts, for they become live and try to grow in this world, and we are ored that Evan took the time to write words. Choose your words, for they become molested, assaulted, sexualized and drugged. The adult society has responded by creating to me and I ask that a copy of Evan actions. Understand your actions, for they become habits. Study your habits, for they entire new industries and professions to re- Todd’s letter to his fellow Scouts and a will become your character. Develop your pair their damage to us. Even as I speak to copy of a speech he delivered at ‘‘The character, for it becomes your destiny.’’ you our adult society is setting the stage to Gathering,’’ a meeting of victims of The good news for those of us that are murder us when we become old. We are even school violence, be printed in the Scouts is that we are privileged to be a part taught that we evolved from slime. (An in- RECORD. of an organization that provides us the tools teresting item that the public is not fully LITTLETON, CO. and instructions to put into us that which aware of is that the two cold-blooded mur- DEAR FELLOW SCOUTS: I have been told builds a better person, a better nation. Those derers in Littleton used the theory of evo- that into each life some rain must fall. Some tools are called the Scout Oath and Scout lution as their foundation, ‘‘Survival Of The get rained on more than others. The rain Law. Robert Gates, former Director of the Fittest.’’ You’ve all heard of their uniforms, that came down on us at Columbine High U.S. Central Intelligence Agency (CIA) and the black trenchcoats, but the real uniform School was a cloudburst of epic proportions. our current President of the National Eagle that day was the T-shirt Eric Harris had on This act was senseless, tragic and without Scout Association (NESA) recently stated that said ‘‘NATURAL SELECTION’’ Has our justification, whatsoever. 13 murdered 25 that there is a war going on for the souls of adult society banned that?) It appears to me wounded and 1,951 students youth destroyed. our boys and young men in this nation. He that we have willingly become a culture of As a student who was shot and wounded in sees clearly. If you are to be a scout, don’t be death and violence. Some adults blame the the library, it has changed my life, forever. a scout in word only. Learn and practice the jocks like me, the cheerleaders and others, I believe that the children of a society are Oath & Law in everything you think, say and . . . even the trenchcoats, . . . and some even nothing more than the reflection of the soci- do. I understand well how hard that can be, say if our country only offered 9 round ammo

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22127 clips instead of 10 or more, things would be more than 20 years now. It is clear that son, who fields telephone calls on such topics better. Vermonters know a good thing when ‘‘Is there softball tonight?’’ and ‘‘Is there At the time of the Columbine tragedy, our they hear it. school?’’ and ‘‘Is Brattleboro Bowl open to- national leader, the President, stated the Tim, now the news director at WTSA, night?’’ youth of this nation need to learn to resolve is a Brattleboro institution. In these He is also the technical wizard at the sta- our differences with words, not weapons. At tion, and the ‘scanner head.’ He taught him- the time this statement was made, we as a times of huge media conglomerates and self as the station switched to cyber. There nation, were bombing Yugoslavia. They tell syndicated radio programs, Tim John- is no such thing as a piece of tape in radio us that the youth of this nation need to be son knows Brattleboro—he is a grad- now; it’s all digital. more tolerant, kinder, gentler, more under- uate of Brattleboro Union High The high and mighty came calling at West- standing. Yet our entertainment, music, TV, School—and residents have come to ern Avenue, or rendezvous on the road. His movies, games (and actions of) the adult rely on him for the news they care ‘‘Live Mike’’ van allows him to get news on world provides for our consumption are all about. Time, on a typical day, will re- the spot and broadcast it first. In the com- too often filled with violence, sex, death and port on everything from lost pets, to petitive Brattleboro news market, WTSA destruction. If I were to take into my life school closings and national affairs. As rules. what is provided to me by society, my ac- ‘‘You don’t know how many people call me tions too would violate the Heavenly & Vermont’s Senator for more than 20 Mike,’’ laughs Johnson over soup and salad Moral Laws my family have taught me. years, I have had the pleasure of work- at the Jolly Butcher, a popular see-and-be- Other solutions to school violence have been ing with Tim throughout the years and seen restaurant a mile from the station. nametags to be carried around our neck as I have come to appreciate his keen in- With his distinctive deep voice, people in- millstones, metal detectors, increased video sights and his dogged pursuit of the stantly recognize Johnson, and his relaxed surveillance, etc. It appears to me that our facts. Tim has demonstrated an unflag- personality invites conversation, ‘‘You can’t society is confused. The adult world seems as ging commitment to keeping his com- brush anybody off; they might think you’re a a ship with no rudder being cast around by munity informed and Brattleboro has snob and word gets around fast in a town the wind and storms of our times, with no like Brattleboro,’’ said Johnson, who seems control or understanding as to why. Many of been the better for it. While we hear so to enjoy the attention. these storms appear to have been caused by much about what is wrong with the At The Jolly Butcher, the jolly chef teases their own accord. It’s as if our adult society media today, Tim Johnson is a shining Johnson about the station’s recent lobster- has no compass, no bearing, no standards for example of what is right. eating contest, which raised money for the our society. Even at our age, we can discern I ask to have printed in the RECORD a Winston Prouty Center, a school and day the difference between what you say and profile of Tim Johnson from The Times care center for handicapped children. As he what you do. . . . Argus, dated October 1, 2000. leaves, Johnson is hugged by Windham Coun- In regard to the solution of watching what The article follows: ty Side Judge Trish Hain, who once worked comes out of us by monitoring closely our for him as an assistant news editor at [From the Sunday Rutland Herald, Oct. 1, world with surveillance cameras, what we WKVT. Everybody, it seems, knows him. 2000] say, how we look, etc., our society needs to He’s chairman of the board of directors of watch carefully what goes into us. In my TIM JOHNSON: RADIO JOURNALIST KEEPS AN BCTV, Brattleboro’s heavily watched com- bedroom is a picture of the Grand Teton EAR ON BRATTLEBORO munity television station. He’s moderator mountain range in Wyoming. Below the pic- (By Susan Smallheer) for his hometown, serving Vernon as a ture is the following: BRATTLEBORO.—The studios of WTSA in steady hand during marathon town meet- THE ESSENCE OF DESTINY Brattleboro are on the second floor of an old ings. He’s also the Windham County director Victorian home on Western Avenue. It’s Tim of the emergency alert system, which ac- ‘‘Watch your thoughts, for they become Johnson’s home away from home, sometimes counts for the second of two beepers on his words. Choose your words, for they become for as long as 18 hours a day. He’s even slept belt. And he recently became the moderator actions. Understand your actions, for they on a pull-out futon at the station. for the Brattleboro Union High School dis- become habits. Study your habits, for they When he’s home, though, he’s in bed by 10 trict. will become your character. Develop your p.m.—unless there’s a close Red Sox game— He’s also a justice of the peace and character, for it becomes your destiny.’’ and up by 4 a.m., and at the station before 5 Vernon’s representative to the Windham Re- Even before Columbine, my father told me to prepare for the morning newscast. gional Commission. that when a society opens the gates of hell Johnson is the news director of Johnson relishes the pace, but health prob- for the pursuit of its’ happiness, for its’ Brattleboro’s dominant radio station, lems have forced him to scale back to 55–60 pleasures and for its’ economy, the devil will WTSA-AM and FM. He works exhausting hour work weeks. He’s devoting more time come out and have his dance with us. We hours, both locked in the studio and then out now to his wife, family, and three grand- here today were the unfortunate ones who on the streets getting the news. children, not to mention their dog Loretta. had to dance. This is a radio newsman who gets a tan. Both he and Sue, the activities programmer I believe I have found the problem within (Well, a little tan.) at the special needs unit at the Vernon America. Each and every citizen can too. All Johnson, 43, has been on the air since he Green Nursing Home, were married before, they have to do is look into the mirror every was a teenager at Brattleboro Union High he said, and family means a great deal to day to find the demon. They can also find School, working at WTSA’s cross-town com- both of them. the solution in that same mirror. Ask your- petition, WKVT. He was 17 and making $1.60 Johnson divorced in his 20s, and his only self daily, ‘‘what am I thinking, saying and an hour when he started working weekend child, 3-year-old son Jeremiah, was murdered doing in my life to call out the demons on shifts at the station, and gradually left be- 18 years ago in Texas by his ex-wife’s drunk- the youth of my nation?’’ In the final anal- hind disc jockey chores for the newsroom. en half-brother. Johnson says his grief al- ysis, a nation is judged on how it treats its’ Johnson is a self-taught radio expert who most destroyed him. young and its’ old. Until we return to re- never went to college, whose first broadcast But his renewed interest in his Christian specting life as sacred, prepare yourself for challenge was to overcome a stutter. Friends religion has made him forgive his former more dances, more heartbreak, more death, say he overcame it by simple determination. brother-in-law, who is out of prison after and more destruction. It also would be wise ‘‘The first word I stumbled over was Epis- serving most of a 10-year sentence. ‘‘I forgive to look into the future of America. It’s not copal,’’ he said. ‘‘I mispronounced it three him. In God’s eyes he’s forgiven. But do I that hard. The character a nation instills times.’’ think he’s a nice person? No. into its youth today, will be the destiny of His own name, Arsenault, and the prob- ‘‘I don’t believe in the death penalty. I’m a our nation tomorrow.∑ lems he has pronouncing it, helped persuade him to choose something simpler for on-air. death penalty opponent,’’ he says. f Johnson has been chasing the news in Religion helps him, he says, deal with his personal tragedy and job stress. And he uses TRIBUTE TO TIM JOHNSON southern Vermont for more than 20 years. No Rolodex for him. He has a memory for tele- his voice—‘‘I sing tenor’’—in the choir of the ∑ Mr. LEAHY. Mr. President, today I phone numbers, perhaps a 1,000 or more. He South Vernon Advent Christian Church, rise to tell you about a man I have goes to house fires, car accidents, board where both his grandfathers were pastors. known for many years now who is a meetings, governor’s appearances and home- Back after lunch, Johnson makes a few credit to his profession and to his com- coming football games. calls to get the proverbial sound bite to flesh out a story from the AP about an issue in munity. He is a consummate profes- ‘‘It’s the personal pride of putting a good product out there,’’ said Johnson, who puts the governor’s race relating to homosex- sional and an even finer human being. the emphasis on community. uality and public education. Tim Johnson has been bringing the ‘‘We’re one of the few radio stations that This afternoon, he will even do double news to Brattleboro, VT and beyond for still do lost dog announcements,’’ said John- duty, cueing up CDs for a missing DJ,

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22128 CONGRESSIONAL RECORD—SENATE October 11, 2000 expertly flipping through the playlist, se- ment of the banking system that has Congratulations to The Chamber of lecting a song to fit the time slot and sliding evolved into Hawaii’s current system. Commerce of Hawaii on its 150th anni- it into the stacked CD players, all with sec- In 1898, The Chamber of Commerce of versary, and best wishes for continued onds to go. Hawaii began its successful advocacy success in the years ahead.∑ He dashes between music and news, cueing up disks and editing the sound bites he gar- for a Hawaii-San Francisco Trans- f Pacific cable. nered from Vernon NEA President Angelo TRIBUTE TO EDMUND F. BALL Dorta, all at amazing speed. The Hawaii Visitors Bureau, today He’s in his element.∑ known as the Hawaii Visitors and Con- ∑ Mr. LUGAR. Mr. President, Hoosiers have been remembering and cele- f ventions Bureau, was founded by the Chamber of Commerce of Hawaii in brating the remarkable life and SUGAR BEETS 1903. This agency has led the develop- achievements of one of our greatest ∑ Mr. BURNS. Mr. President, I rise ment of Hawaii’s visitor industry, citizens, Edmund F. Ball. I want to today to bring attention to a disaster which today is the largest sector of Ha- share with the nation a most appro- facing many Eastern Montanans. As waii’s economy. priate tribute published in the Muncie you are aware, Montana has faced In 1907, The Chamber of Commerce of Star Press of October 3, 2000 by Phil wildfires and drought this summer. An- Hawaii conducted a survey of the Pearl Ball. The article follows: other type of disaster has struck the River to facilitate the construction of upper Yellowstone Valley. This region a harbor and dry dock that is now Ed Ball took his last flight Sept. 30. This was an unscheduled flight but with a good grows and processes about one million Pearl Harbor. The United States Pa- pilot who probably let Ed handle the con- tons of sugar beets a year. Sugar beets cific Command today provides a strong, trols for some of the trip. must be harvested before the ground forward based U.S. defense in the Asia- This was a flight into history—a flight into freezes to ensure the quality of the Pacific region from this great harbor. legend. product. On October 4, 2000, tempera- In 1919, The Chamber of Commerce of Ed died in Ball Memorial Hospital. Just tures dropped very low and a heavy across the street is the Edmund F. Ball Med- Hawaii founded Aloha United Way, Ha- ical Education Center. And a half-mile away frost impacted the area. The growers waii’s leading charitable organization stands the Edmund F. Ball Building on the who are under contract to Holly Sugar which annually collects millions of dol- Ball State campus. A mile and a half away in are now left without a viable crop that, lars for the needy in Hawaii. Community Civic Center (once the Masonic under normal conditions, would bring The Chamber of Commerce of Hawaii Temple) is an assembly room named the Ed- $40 million to the area. This is the became the trustee of Hawaii’s Public mund Ball Auditorium. Those are just a few major cash crop for this part of Mon- Health Fund in 1923. The Public Health of the monuments to this most important citizen who has ever lived in our hometown tana. Without this revenue, futures, Fund provides seed money for approxi- of Muncie. jobs, and businesses will be in jeopardy. mately 20 public health projects each But Ed’s life and times and image and I bring this important matter to your year. achievements and generosities were his most attention today, so that you will be In 1928, The Chamber of Commerce of important monuments. prepared to assist me in getting the Hawaii’s aviation committee sought Ed wasn’t one to brag. Those who knew necessary financial help to these pro- out airlines to provide the first inter- him knew his modesty and his tendency to- ward self-deprecating humor. One of Ed’s ducers whose very future may hinge on island air service. witticisms was to say that after his life was the help we can provide.∑ In 1929, The Chamber of Commerce of over, all he had done was ‘‘to cross the f Hawaii drafted a plan to increase the street.’’ To explain this, he pointed out that depth of Honolulu Harbor to accommo- he was born on East Washington Street and TO COMMEMORATE THE 150TH AN- date modern ships and facilitate inter- when he died he would be laid out and pre- NIVERSARY OF THE CHAMBER national trade. Today, Honolulu Har- pared for burial at Meeks Mortuary across OF COMMERCE OF HAWAII bor is our primary port of entry for the the other side of East Washington Street. ∑ But in almost 96 years between those two Mr. INOUYE. Mr. President, the year vast majority of all goods to Hawaii. events, Ed accomplished more than any 10 2000 marks an occasion that is worthy In 1941. The Chamber of Commerce of people and became a legend in his own time, of recognition by the Senate. The Hawaii founded the Blood Bank of Ha- although he would be the first to deny any Chamber of Commerce of Hawaii cele- waii. Later that year, the services of such words of grandiloquence. This home- brates its sesquicentennial, marking the Blood Bank helped to save many town of his and mine and yours has been the the 150th anniversary of its first meet- lives when Pearl Harbor was attacked beneficiary of countless works of his mind and his generosity. ing, on October 15, 1850, of a group of on December 7th, 1941. The last time I saw Ed was when he was Honolulu businessmen at the behest of The Chamber of Commerce of Hawaii hospitalized in June 1999 with a minor prob- Hawaii’s King Kamehameha III. They was an active and vocal advocate for lem—heart trouble. I am glad that at that founded the Hawaiian Chamber of Com- statehood for Hawaii. In 1959, The time I did something to boost his morale and merce, an organization that would lead Chamber joined other local advocates help erase one of his lifelong regrets. I made the Hawaiian Islands’ growth in trade, in celebrating Hawaii’s statehood. him an honorary member of my Old and Original and Valid Muncie Ball family. commerce, economic and social devel- In 1978, The Chamber of Commerce of Many people in the past have thought that opment through the years. The Cham- Hawaii played a leading role in Ha- Ed might be somehow related to me—it isn’t ber of Commerce of Hawaii is the sec- waii’s State Constitutional Conven- really so. Ed’s family were frost-bitten im- ond-oldest chamber of commerce west tion. migrants from Buffalo in 1887, whereas my of the Rockies, and the only American Throughout its 150-year history, and family were already here and cultivating the chamber founded under a monarchy. continuing today, The Chamber of soil in Delaware County by 1830. The history of The Chamber of Com- Commerce of Hawaii has helped to sup- Ed wrote me on June 12, 1999, and said he was pleased that he at long last had finally merce of Hawaii includes many, many port a strong U.S. economic and mili- achieved good genealogic status—even accomplishments. I wish to provide a tary presence in the Asia-Pacific re- though it was just honorary. glimpse of their more notable achieve- gion. As the economies of the region His type of man will not be seen again any- ments which I believe merit recogni- grow, The Chamber’s continued sup- time soon, if ever. He was Muncie’s man of tion. port for a strong, forward based mili- the millennium. In 1867, The Chamber of Commerce of tary presence that provides the sta- Shakespeare said it best when he wrote the last words of Hamlet, the Prince of Den- Hawaii initiated negotiations for the bility prerequisite to prosperity will be mark, who lay dying. This is what Hamlet first treaty of reciprocity in trade be- important. The Chamber’s continued said: ‘‘The rest is silence.’’∑ tween the United States of America work to promote economic develop- f and the Kingdom of Hawaii. ment in the region will play a vital The Chamber of Commerce of Hawaii role in aiding the goals and interests of OPERATION IVORY SOAP authored the Hawaiian National Bank- Hawaii and the United States in the ∑ Mr. SESSIONS. Mr. President, I rise ing Act of 1884, allowing the establish- Asia-Pacific region. today in tribute to the men and women

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22129 who participated in a little known cov- period, the school turned out 5,000 differences and to build their common ert operation in World War II—Oper- highly-trained Air Force seamen. When future. As a newly elected member of ation Ivory Soap. During World War II, they and their ships went to war, so did Detroit’s City Council in those years, I ‘‘island hopping’’ was a critical ele- Colonel Thompson. The men of the op- can testify with first hand knowledge ment in the U.S. Pacific strategy. The eration participated in the landings in to the debt this great American city idea was to capture Japanese held is- the Philippines, Guam, Tinian, Saipan, owes to the calm, determined leader- lands of tactical or strategic impor- Iwo Jima, and Okinawa. Fighter air- ship of Mayor Roman Gribbs. tance and by-pass any far-flung or in- craft and B–29s taking off from these After stepping down as mayor, consequential bases. Once an island bases flew continuous missions over Roman Gribbs followed his love for the was taken it was used as a forward air- Japan. Many lives, as well as aircraft, law and won a seat on the bench of the field for aircraft returning from long- were saved because of the men of the Third Judicial Circuit and then on the range missions where they were re- aircraft repair and maintenance units. Michigan Court of Appeals where he paired, rearmed, and made ready for Perhaps the greatest tribute I can has served the people of Michigan with the next vital mission. make to the exploits of these sea-going a high standard of ethics and courage. General Henry H. ‘‘Hap’’ Arnold, airmen is to paraphrase the Merchant In addition to being a dedicated man Commander of the Army Air Forces, Marines who worked with them and of the bench, Judge Gribbs also finds recognized the need for forward-based, who praised them as ‘‘equal to any sea- solace in his involvement in the arts. mobile air depots to support American going combatants they had ever served His interest in the humanities and the bombers and fighters in the Pacific with.’’ This is a testament to their cultural arts is evidenced through his war. General Arnold and a panel of skill and professionalism and the abil- service as a member of the Founders military officers determined the need ity of this nation to adjust its re- Society of the Detroit Institute of Art, for converting naval repair ships into sources to defeat the enemy. The the Detroit Historical Society and the hybrid aircraft depot ships. Eventually, Grand Hotel still stands elegantly on Michigan Opera Theater. six 440-foot-long Liberty ships and 18 the banks of the Mobile Bay. A hotel Despite all that Judge Gribbs has ac- smaller 180-foot-long auxiliary vessels whose rich southern history embodies complished in a life of service to others would be modified into Aircraft Repair the best traditions of this country.∑ those of us fortunate enough to have Units, carrying 344 men, and Aircraft f enjoyed his friendship may admire him Maintenance Units, manned by 48 most for the quiet qualities we have troops. Everything from the smallest JUDGE ROMAN S. GRIBBS, JUDGE seen in him over many years—his aircraft parts to complete fighter FOR THE MICHIGAN COURT OF unyielding integrity, his uncommon wings were carried on these ships. The APPEALS decency and perhaps most amazingly, repair and maintenance facilities were ∑ Mr. LEVIN. Mr. President, I am de- given the tumultuous times he has manned 24-hours a day and the Liberty lighted to rise today to acknowledge a lived in, his gentleness. ships included platforms to land the distinguished public servant, from my Judge Gribbs can take pride in his ‘‘new’’ helicopter for quick ship-to- home state of Michigan, Judge Roman long career of service and dedication to shore repair transport. S. Gribbs, who will be retiring from the the law and to the people of Michigan. The Army Air Force crews that bench of the Michigan Court of Ap- I know my colleagues will join me in manned these ships had to be trained peals, at the close of this year. In No- saluting this man from Michigan, and to understand the nautical aspect of vember, hundreds of his colleagues, in wishing him well in the years life at sea. Colonel Matthew Thompson friends and family will celebrate the ahead.∑ of the Army Air Force was given the career of this gentleman of the bench f mission to turn airmen into seamen. who played a distinct role in shaping Called back from Anzio in Italy, the Michigan’s history. TRIBUTE TO COMMANDER Colonel had less than two weeks to or- Judge Gribbs dedicated his academic CATHERINE A. WILSON ganize the training program. and professional life to studying, ∑ Mr. INOUYE. Mr. President, as the The Grand Hotel in Point Clear, AL, teaching, enforcing, practicing and in- 106th Congress draws to a close, I stand was the focal point for ‘‘Operation terpreting the laws that govern the to pay tribute to a distinguished Navy Ivory Soap’’ training. Colonel Thomp- citizens of Michigan. He excelled in his officer who served as a Congressional son contacted the then owner, Mr. studies at the University of Detroit Science Detail on my staff during this Strat White-Spunner, regarding the use where he received his Juris Doctorate Congress. Commander Catherine Wil- of the hotel as his base of operations in 1954, graduating Magna Cum Laude. son, United States Navy, was selected where he intended to instill basic sea- He taught at his alma mater from 1954 for this highly coveted position as a re- manship, marine and aquatic training through 1956 and served as an Adjunct sult of her outstanding training, expe- in the Army officers and men of the Professor and Faculty member at the rience, and accomplishments. Her su- aircraft repair and maintenance units. University of Michigan and the Thom- perb performance and impeccable cre- As a donation to the war effort, Mr. as M. Cooley Law School. He imple- dentials earned her the respect and ad- Roberts turned the Grand Hotel and its mented the law as an Assistant Wayne miration of the Senate staff. She dis- facilities over to the US Army Air County Prosecutor from 1956 through tinguished herself rapidly as a profes- Force to be used as its Maritime Train- 1964 and in his service to the City of sional who possessed a pleasant de- ing School. Operation Ivory Soap train- Detroit as presiding Traffic Court Ref- meanor, tremendous integrity, decisive ing began on July 10, 1944. eree. leadership style, political savvy, and Using the Grand Hotel, officers and In 1968, Roman Gribbs’ career in the unending energy. The ultimate Naval men moved in and began living in law took a new turn when he was ap- officer, Commander Wilson is a vision- ‘‘Navy style.’’ All personnel referred to pointed, then elected, Sheriff of Wayne ary thinker who has the innate ability the floors as decks, kept time by a County. His commitment to strong and to implement these visions. Com- ship’s bell and indulged in the use of fair enforcement of the law earned him mander Wilson is the consummate pro- tobacco only when the ‘‘smoking respect far beyond the boundaries of fessional and nursing has never had a lamp’’ was lit. The courses included Michigan’s most populous county. better ambassador nor patients a more swimming, special calisthenics, march- In 1969, Sheriff Gribbs was elected devoted advocate. ing, drill, navigation, ship identifica- mayor of the city of Detroit, just 2 Commander Wilson forged strong al- tion, signaling, cargo handling, ship years after the city had endured one of liances and affiliations with staff from orientation, sail making, amphibious the most destructive civil disturbances a myriad of Congressional offices, com- operations, and more. Two men from in the Nation’s history. Under his lead- mittees, and federal and civilian agen- each ship were also trained to be un- ership, the people of Detroit began to cies that fostered a cohesive approach derwater divers. During a five month heal the city’s wounds, to bridge their to legislative proposals. She worked

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00089 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22130 CONGRESSIONAL RECORD—SENATE October 11, 2000 closely with staff members on the Ap- form, the manual simply does not pro- than $330 million for the Department of propriations Subcommittees on De- vide an appropriate balance among the Energy; nearly 240 unrequested fense and Labor, Health and Human competing interests, both commercial projects totaling over $300 million for Services and Education in support of and recreational, of the many people the Corps of Engineers; and, more than military health issues and national who seek to use this great American 10 unrequested projects totaling in ex- nursing and health care agendas. river. The bill would also undermine cess of 10 million for the Bureau of As an advocate of Tri-Service nursing implementation of the Endangered Reclamation. For example, more than and military health issues, Commander Species Act by preventing the Corps of 80 unrequested Corps of Engineers con- Wilson championed independent prac- Engineers from funding reasonable and struction projects included in the bill tice for nurse anesthetists, the con- much-needed changes to the operating would have a long-term cost of nearly tinuation of the Bachelor of Science manual for the Missouri River. The $2.7 billion. These unrequested projects degree as the minimum level of edu- Corps and the U.S. Fish and Wildlife and earmarks come at the expense of cation for entry into military nursing Service are entering a critical phase in other initiatives important to tax- practice, continued funding for a grad- their Section 7 consultation on the ef- paying Americans. uate school of nursing at the Uni- fects of reservoir project operations. The American people deserve Govern- formed Services University of the This provision could prevent the Corps ment spending based upon a balanced Health Sciences, and the Tri-Service form carrying out a necessary element approach that maintains fiscal dis- Nursing Research Program. She was in- of any reasonable and prudent alter- cipline, eliminates the national debt, strumental in securing appropriations native to avoid jeopardizing the contin- extends the solvency of Social Security language for a wide variety of health ued existence of the endangered least and Medicare, provides for an appro- care initiatives including telemedicine, tern and pallid sturgeon, and the priately sized tax cut, establishes a advanced medical technologies, and threatened piping plover. new voluntary Medicare prescription distance learning. In addition to the objectionable re- drug benefit in the context of broader More than fifty years ago, as I was striction placed upon the Corps of En- reforms, expands health care coverage recovering in a military hospital, I gineers, the bill fails to provide fund- to more families, and funds critical in- began a unique relationship with mili- ing for the California-Bay Delta initia- vestments for our future. I urge the tary nurses. Commander Wilson em- tive. This decision could significantly Congress to work expeditiously to de- bodies what I know military nurses to hamper ongoing Federal and State ef- velop a bill that addresses the needs of be—strong, dedicated professional lead- forts to restore this ecosystem, protect the Nation. ers stepping to the forefront to serve the drinking water of 22 million Cali- WILLIAM J. CLINTON. our country and committed to caring fornians, and enhance water supply and THE WHITE HOUSE, October 7, 2000. for our Sailors, Marines, Airmen, Sol- reliability for over 7 million acres of f highly productive farmland and grow- diers, and their family members during MESSAGES FROM THE HOUSE peacetime and at war. ing urban areas across California. The Commander Wilson is an officer of $60 million budget request, all of which ENROLLED BILLS SIGNED whom the military and our nation can would be used to support activities At 11:07 a.m., a message from the and should be justifiably proud: a that can be carried out using existing House of Representatives, delivered by unique combination of talent and devo- authorities, is the minimum necessary Ms. Niland, one of its reading clerks, tion to duty. I want to personally ac- to ensure adequate Federal participa- announced that the Speaker has signed knowledge my sincere appreciation to tion in these initiatives, which are es- the following enrolled bills: Commander Wilson for her exemplary sential to reducing existing conflicts S. 2311. An act to amend the Public Health Service Act to revise and extend programs months of service, and to bid her a fond among water users in California. This ∑ funding should be provided without leg- established under the Ryan White Com- aloha and heartfelt mahalo. prehensive AIDS Resources Emergency Act islative restrictions undermining key f of 1990, and for other purposes. environmental statutes or disrupting H.R. 1509. An act to authorize the Disabled REPORT OF THE VETO MESSAGE the balanced approach to meeting the Veterans’ LIFE Memorial Foundation to es- ON (H.R. 4733), ‘‘ENERGY AND needs of water users and the environ- tablish a memorial in the District of Colum- WATER DEVELOPMENT APPRO- ment that has been carefully developed bia or its environs to honor veterans who be- PRIATIONS ACT, 2001’’—MESSAGE through almost 6 years of work with came disabled while serving in the Armed Forces of the United States. FROM THE PRESIDENT—PM 132 the State of California and interested H.R. 2302. An act to designate the building The PRESIDING OFFICER laid be- stakeholders. of the United States Postal Service located The bill also fails to provide suffi- fore the Senate the following message at 307 Main Street in Johnson City, New cient funding necessary to restore en- from the President of the United York, as the ‘‘James W. McCabe. Sr. Post Of- dangered salmon in the Pacific North- States, together with an accompanying fice Building.’’ west, which would interfere with the H.R. 2496. An act to reauthorize the Junior report; which was referred to the Com- Corps of Engineers’ ability to comply Duck Stamp Conservation and Design Pro- mittee on Appropriations. with the Endangered Species Act, and gram Act of 1994. To the House of Representatives: H.R. 2641. An act to make technical correc- provides no funds to start the new con- tions to title X of the Energy Policy Act of I am returning herewith without my struction project requested for the 1992. approval, H.R. 4733, the ‘‘Energy and Florida Everglades. The bill also fails H.R. 2778. An act to amend the Wild and Water Development Appropriations to fund the Challenge 21 program for Scenic Rivers Act to designate segments of Act, 2001.’’ The bill contains an unac- environmentally friendly flood damage the Taunton River in the Commonwealth of ceptable rider regarding the Army reduction projects, the program to Massachusetts for study for potential addi- Corps of Engineers’ master operating modernize Corps recreation facilities, tion to the National Wild and Scenic Rivers System, and for other purposes. manual for the Missouri River. In addi- and construction of an emergency out- H.R. 2938. An act to designate the facility tion, it fails to provide funding for the let at Devil’s Lake. In addition, it does of the United States Postal Service located California-Bay Delta initiative and in- not fully support efforts to research at 424 South Michigan Street in South Bend, cludes nearly $700 million for over 300 and develop nonpolluting, domestic Indiana, as the ‘‘John Brademas Post Of- unrequested projects. sources of energy through solar and re- fice.’’ Section 103 would prevent the Army newable technologies that are vital to H.R. 3030. An act to designate the facility Corps of Engineers from revising the America’s energy security. of the United States Postal Service located operating manual for the Missouri Finally, the bill provides nearly $700 at 757 Warren Road in Ithaca, New York, as the ‘‘Matthew F. McHugh Post Office.’’ River that is 40 years old and needs to million for over 300 unrequested H.R. 3201. An act to authorize the Sec- be updated based on the most recent projects, including: nearly 80 retary of the Interior to study the suit- scientific information. In its current unrequested projects totaling more ability and feasibility of designating the

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22131 Carter G. Woodson Home in the District of at 3030 Meredith Avenue in Omaha, Ne- cago, Illinois, as the ‘‘Roberto Clemente Post Columbia as a National Historic Site, and for braska, as the ‘‘Reverend J.C. Wade Post Of- Office.’’ other purposes. fice.’’ H.R. 5136. An act to make permanent the H.R. 3454. An act to designate the United H.R. 4658. An act to designate the facility authority of the Marshal of the Supreme States post office located at 451 College of the United States Postal Service located Court and the Supreme Court Police to pro- Street in Macon, Georgia, as the ‘‘Henry at 301 Green Street in Fayetteville, North vide security beyond the Supreme Court McNeal Turner Post Office.’’ Carolina, as the ‘‘J.L. Dawkins Post Office building and grounds. H.R. 3632. An act to revise the boundaries Building.’’ H.R. 5164. An act to amend title 49, United of the Golden Gate National Recreation H.R. 4884. An act to redesignate the facil- States Code, to require reports concerning Area, and for other purposes. ity of the United States Postal Service lo- defects in motor vehicles or tires or other H.R. 3745. An act to authorize the addition cated at 200 West 2nd Street in Royal Oak, motor vehicle equipment in foreign coun- of certain parcels to the Effigy Mounds Na- Michigan, as the ‘‘William S. Broomfield tries, and for other purposes. tional Monument, Iowa. Post Office Building.’’ H.R. 5229. An act to designate the facility H.R. 3817. An act to dedicate the Big South H.R. 4975. An act to designate the post of- of the United States Postal Service located Trail in the Comanche Peak Wilderness Area fice and courthouse located at 2 Federal at 219 South Church Street in Odum, Geor- of Roosevelt National Forest in Colorado to Square, Newark, New Jersey, as the ‘‘Frank gia, as the ‘‘Ruth Harris Coleman Post Office the legacy of Jaryd Atadero. R. Lautenberg Post Office and Courthouse.’’ Building.’’ H.R. 3909. An act to designate the facility H.R. 5036. An act to amend the Dayton H.R. 5314. An act to amend title 10, United of the United States Postal Service located Aviation Heritage Preservation Act of 1992 States Code, to facilitate the adoption of re- at 4601 South Cottage Grove Avenue in Chi- to clarify the areas included in the Dayton tired military working dogs by law enforce- cago, Illinois, as the ‘‘Henry W. McGee Post Aviation Heritage National Historical Park ment agencies, former handlers of these Office Building.’’ and to authorize appropriations for that dogs, and other persons capable of caring for H.R. 3985. An act to redesignate the facil- park. these dogs. ity of the United States Postal Service lo- The message further announced that cated at 14900 Southwest 30th Street in At 2:15 p.m., a message from the the House has agreed to the following Miramar City, Florida, as the ‘‘Vicki House of Representatives, delivered by concurrent resolutions, in which it re- Coceano Post Office Building.’’ one of its clerks, announced that the quests the concurrence of the Senate: H.R. 4157. An act to designate the facility House has agreed to the report of the H. Con. Res. 328. Concurrent resolution ex- of the United States Postal Service located committee of conference on the dis- pressing the sense of the Congress in recogni- at 600 Lincoln Avenue in Pasadena, Cali- agreeing votes of the two Houses on tion of the 10th anniversary of the free and fornia, as the ‘‘Matthew ‘Mack’ Robinson fair elections in Burma and the urgent need Post Office Building.’’ the amendment of the Senate to the to improve the democratic and human rights H.R. 4169. An act to designate the facility bill (H.R. 4205) to authorize appropria- of the people of Burma. of the United States Postal Service located tions for fiscal year 2001 for military activities of the Department of De- H. Con. Res. 376. Concurrent resolution ex- at 2000 Vassar Street in Reno, Nevada, as the pressing the sense of the Congress regarding ‘‘Barbara F. Vucanovich Post Office Build- fense, for military construction, and support for the recognition of a Liberty Day. ing.’’ for defense activities of the Depart- H. Con. Res. 404. Concurrent resolution H.R. 4286. An act to provide for the estab- ment of Energy, to prescribe personnel calling for the immediate release of Mr. Ed- lishment of the Cahaba River National Wild- strengths for such fiscal year for the mund Pope from prison in the Russian Fed- life Refuge in Bibb County, Alabama. Armed Forces, and for other purposes. eration for humanitarian reasons, and for H.R. 4435. An act to clarify certain bound- other purposes. aries on the map relating to Unit NC–01 of The message also announced that the House has passed the following bills, in H. Con. Res. 408. Concurrent resolution ex- the Coastal Barrier Resources System. pressing appreciation for the United States H.R. 4447. An act to designate the facility which it requests the concurrence of service members who were aboard the Brit- of the United States Postal Service located the Senate: ish transport HMT Rohna when it sank, the at 919 West 34th Street in Baltimore, Mary- H.R. 762. An act to amend the Public families of these service members, and the land, as the ‘‘Samuel H. Lacy, Sr. Post Office Health Service Act to provide for research rescuers of the HMT Rohna’s passengers and Building.’’ and services with respect to lupus. crew. H.R. 4448. An act to designate the facility H.R. 1042. An act to amend the Controlled The message also announced that the of the United States Postal Service located Substances Act to provide civil liability for House has agreed to the amendment of at 3500 Dolfield Avenue in Baltimore, Mary- illegal manufacturers and distributors of the Senate to the bill (H.R. 150) to land, as the ‘‘Judge Robert Bernard Watts, controlled substances for the harm caused by amend the Act popularly known as the Sr. Post Office Building.’’ the use of those controlled substances. H.R. 4449. An act to designate the facility H.R. 3621. An act to provide for the post- Recreation and Public Purposes Act to of the United States Postal Service located humous promotion of William Clark of the authorize disposal of certain public at 1908 North Ellamont Street in Baltimore, Commonwealth of Virginia and the Common- lands or national forest lands to local Maryland, as the ‘‘Dr. Flossie McClain wealth of Kentucky, co-leader of the Lewis education agencies for use for elemen- Dedmond Post Office Building.’’ and Clark Expedition, to the grade of captain tary or secondary schools, including H.R. 4475. An act making appropriations in the Regular Army. public charter schools, and for other for the Department of Transportation and H.R. 3756. An act to establish a standard purposes, with an amendment. related agencies for the fiscal year ending time zone for Guam and the Commonwealth The message further announced that September 30, 2001, and for other purposes. of the Northern Mariana Islands, and for H.R. 4484. An act to designate the facility other purposes. the House has agreed to the amend- of the United States Postal Service located H.R. 4441. An act to amend title 49, United ments of the Senate to the bill (H.R. at 500 North Washington Street in Rockville, States Code, to provide a mandatory fuel 208) to amend title 5, United States Maryland, as the ‘‘Everett Alvarez, Jr. Post surcharge for transportation provided by cer- Code, to allow for the contribution of Office Building.’’ tain motor carriers, and for other purposes. certain rollover distributions to ac- H.R. 4517. An act to designate the facility H.R. 4788. An act to amend the United counts in the Thrift Savings Plan, to of the United States Postal Service located States Grain Standards Act to extend the eliminate certain waiting-period re- at 24 Tsienneto Road in Derry, New Hamp- authority of the Secretary of Agriculture to quirements for participating in the shire, as the ‘‘Alan B. Shepard, Jr. Post Of- collect fees to cover the cost of services per- fice Building.’’ formed under the Act, to extend the author- Thrift Savings Plan, and for other pur- H.R. 4534. An act to redesignate the facil- ization of appropriations for the Act, and to poses. ity of the United States Postal Service lo- improve the administration of the Act, to re- The message also announced that the cated at 114 Ridge Street in Lenoir, North enact the United States Warehouse Act to House has agreed to the amendment of Carolina, as the ‘‘James T. Broyhill Post Of- require the licensing and inspection of ware- the Senate to the amendment of the fice Building.’’ houses used to store agricultural products House to the amendment of the Senate H.R. 4554. An act to redesignate the facil- and provide for the issuance of receipts, in- to the bill (H.R. 707) to amend the Rob- ity of the United States Postal Service lo- cluding electronic receipts, for agricultural ert T. Stafford Disaster Relief and cated at 1602 Frankford Avenue in Philadel- products or handled in licensed warehouses, phia, Pennsylvania, as the ‘‘Joseph F. Smith and for other purposes. Emergency Assistance Act to authorize Post Office Building.’’ H.R. 4831. An act to redesignate the facil- a program for predisaster mitigation, H.R. 4615. An act to redesignate the facility ity of the United States Postal Service lo- to streamline the administration of of the United States Postal Service located cated at 2339 North California Street in Chi- disaster relief, to control the Federal

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costs of disaster assistance, and for That Mr. TALENT, Mr. ARMEY, and ceived on October 6, 2000; to the Committee other purposes. Ms. VELA´ ZQUEZ, be the managers of the on Environment and Public Works. The message further announced that conference on the part of the House. EC–11083. A communication from the Dep- the House has passed the bill (S. 2812) The message also announced that the uty Associate Administrator of the Environ- mental Protection Agency, transmitting, to amend the Immigration and Nation- House disagrees to the amendment of pursuant to law, the report of a rule entitled ality Act to provide a waiver of the the Senate to the bill (H.R. 2415) to en- ‘‘Dimethomorph, (E,Z) -[3-(4-Chlorophenyl) oath of renunciation and allegiance for hance security of United States mis- -3-(3 ,4-dimethoxyphenyl) -1-oxo-2-propenyl] naturalization of aliens having certain sions and personnel overseas, to au- morpholine; Pesticide Tolerance’’ (FRL disabilities, with an amendment. thorize appropriations for the Depart- #6747–9) received on September 28, 2000; to The message also announced that the ment of State for fiscal year 2000, and the Committee on Agriculture, Nutrition, House has agreed to the amendment of for other purposes, and agree to the and Forestry. the Senate to the bill (H.R. 2389) to re- conference asked by the Senate on the EC–11084. A communication from the Dep- uty Associate Administrator of the Environ- store stability and predictability to the disagreeing votes of the two Houses mental Protection Agency, transmitting, annual payments made to States and thereon. pursuant to law, the report of a rule entitled counties containing National Forest That Mr. HYDE, Mr. GEKAS, Mr. ‘‘Flucarbazone-sodium; Time-Limited Pes- System lands and public domain lands ARMEY, Mr. CONYERS, and Mr. NADLER, ticide Tolerances’’ (FRL #6745–9) received on managed by the Bureau of Land Man- be the managers of the conference on September 28, 2000; to the Committee on Ag- agement for use by the counties for the the part of the House. riculture, Nutrition, and Forestry. EC–11085. A communication from the Dep- benefit of public schools, roads, and f other purposes. uty Associate Administrator of the Environ- ENROLLED BILL PRESENTED mental Protection Agency, transmitting, The message further announced that pursuant to law, the report of a rule entitled the House has agreed to the amend- The Secretary of the Senate reported ‘‘Indoxacarb; Pesticide Tolerance’’ (FRL ment of the Senate to the bill (H.R. that on today, October 11, 2000, he had #6747–8) received on September 28, 2000; to 2879) to provide for the placement at presented to the President of the the Committee on Agriculture, Nutrition, the Lincoln Memorial of a plaque com- United States the following enrolled and Forestry. memorating the speech of Martin Lu- bill: EC–11086. A communication from the Dep- uty Associate Administrator of the Environ- ther King, Jr., known as the ‘‘I have A S. 2311. An act to amend the Public Health mental Protection Agency, transmitting, Dream’’ speech. Service Act to revise and extend programs pursuant to law, the report of a rule entitled The message also announced that the established under the Ryan White Com- ‘‘Propamacarb hydrochloride; Pesticide Tol- prehensive AIDS Resources Emergency Act House has agreed to the amendments of erance’’ (FRL #6745–8) received on September of 1990, and for other purposes. the Senate to the bill (H.R. 3767) to 28, 2000; to the Committee on Agriculture, amend the Immigration and Nation- f Nutrition, and Forestry. ality Act to make improvements to, EC–11087. A communication from the Dep- EXECUTIVE AND OTHER and permanently authorize, the visa uty Associate Administrator of the Environ- COMMUNICATIONS waiver pilot program under section 217 mental Protection Agency, transmitting, of such Act. The following communications were pursuant to law, the report of a rule entitled The message further announced that laid before the Senate, together with ‘‘Triallate, (S–2, 3, 3-trichloroally accompanying papers, reports, and doc- diisopropylthiocarbamate); Pesticide Toler- the House has agreed to the resolution ance’’ (FRL #6744–8) received on September (H. Res. 618) expressing the condolences uments, which were referred as indi- 28, 2000; to the Committee on Agriculture, of the House of Representatives on the cated: Nutrition, and Forestry. death of the Honorable Bruce F. Vento, EC–11078. A communication from the Dep- EC–11088. A communication from the a Representative from the State of uty Associate Administrator, Environmental Chair, Farm Credit System Insurance Cor- Minnesota. Protection Agency, transmitting, pursuant poration, transmitting, pursuant to law, a to law, the report of a rule entitled ‘‘Acquisi- report relative to the updated strategic plan At 4:18 p.m., a message from the tion Regulation; Administrative Amend- for fiscal years 2000 through 2005; to the Com- House of Representatives, delivered by ments’’ (FRL #6878–9) received on September mittee on Agriculture, Nutrition, and For- Ms. Niland, one of its reading clerks, 28, 2000; to the Committee on Environment estry. and Public Works. EC–11089. A communication from the Act- announced that the House having pro- EC–11079. A communication from the Dep- ing Executive Director, Profile Documents ceeded to reconsider the bill (H.R. 4733) uty Associate Administrator, Environmental for Commodity Pools, transmitting, pursu- making appropriations for energy and Protection Agency, transmitting, pursuant ant to law, the report of a rule entitled ‘‘Pro- water development for fiscal year end- to law, the report of a rule entitled ‘‘Consoli- file Documents for Commodity Pools’’ ing September 30, 2001, and for other dated Federal Air Rule (CAR): Synthetic Or- (RIN3038–AB60) received on October 10, 2000; purposes, returned by the President of ganic Chemical Manufacturing Industry’’ to the Committee on Agriculture, Nutrition, the United States with his objections, (FRL #6576–9) received on September 28, 2000; and Forestry. to the House of Representatives, in to the Committee on Environment and Pub- EC–11090. A communication from the Sec- lic Works. retary of Transportation, transmitting, a which it originated resolved that the EC–11080. A communication from the Dep- draft of proposed legislation entitled ‘‘Motor said bill pass, two-thirds of the House uty Associate Administrator, Environmental Vehicle Safety’’ and ‘‘Odometers’’; to the of Representatives agreeing to pass the Protection Agency, transmitting, pursuant Committee on Commerce, Science, and same. to law, the report of a rule entitled ‘‘Grant Transportation. Under the authority of the order of Conditions for Indian Tribes and Insular EC–11091. A communication from the Di- the Senate of January 6, 1999, the Sec- Area Recipients’’ received on September 28, rector of the Office of Sustainable Fisheries, retary of the Senate, on October 11, 2000; to the Committee on Environment and National Marine Fisheries Service, Depart- 2000, during the recess of the Senate, Public Works. ment of Commerce, transmitting, pursuant EC–11081. A communication from the Chief to law, the report of a rule entitled ‘‘Fish- received a message from the House of Operating Officer, Chemical Safety and Haz- eries of the Exclusive Economic Zone Off Representatives announcing that the ard Investigation Board, transmitting, pur- Alaska; Shortraker and Rougheye Rockfish House insists on its amendment to the suant to law, a report relative to the stra- in the Eastern Regulatory Area of the Gulf amendment of the Senate to the bill tegic plan for fiscal year 2001 through 2005; to of Alaska’’ received on October 10, 2000; to (H.R. 2614) to amend the Small Busi- the Committee on Environment and Public the Committee on Commerce, Science, and ness Investment Act to make improve- Works. Transportation. ments to the certified development EC–11082. A communication from the Di- EC–11092. A communication from the Dep- company program, and for other pur- rector of the Office of Congressional Affairs, uty Assistant Administrator for Fisheries, Nuclear Material Safety and Safeguards, Nu- Department of Commerce, transmitting, pur- poses, disagreed to by the Senate, and clear Regulatory Commission, transmitting, suant to law, the report of a rule entitled agree to the conference asked by the pursuant to law, the report of a rule entitled ‘‘Fisheries off West Coast States and in the Senate on the disagreeing votes of the ‘‘List of Approved Spent Fuel Storage Casks: Western Pacific; 2000 Quota and Associated two Houses thereon. HI–STAR 100 Revision’’ (RIN3150–AG61) re- Management Measures for Yellowfin Tuna in

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22133 the Eastern Pacific Ocean’’ (RIN0648–AN73) EC–11104. A communication from the Di- By Mr. DURBIN: received on October 10, 2000; to the Com- rector of the Office of Personnel Manage- S. 3184. A bill to amend the Federal Food, mittee on Commerce, Science, and Transpor- ment, transmitting, pursuant to law, a re- Drug, and Cosmetic Act to require pre- tation. port relative to the commercial activities in- market consultation and approval with re- EC–11093. A communication from the Di- ventory; to the Committee on Governmental spect to genetically engineered foods, and for rector of the National Science Foundation, Affairs. other purposes; to the Committee on Agri- transmitting, pursuant to law, a report rel- EC–11105. A communication from the Chief culture, Nutrition, and Forestry. ative to the strategic plan for fiscal years Operating Officer, Chemical Safety and Haz- By Mr. HARKIN: 2001 through 2006; to the Committee on Com- ard Investigation Board, transmitting, pur- S. 3185. A bill to end taxpayer support of merce, Science, and Transportation. suant to law, a report relative to the annual Federal Government contractors against EC–11094. A communication from the inventory of agency activities; to the Com- whom repeated civil judgments or criminal Chairman of the Federal Communications mittee on Governmental Affairs. convictions for certain offenses have been Commission, transmitting, pursuant to law, EC–11106. A communication from the Dis- entered; to the Committee on Governmental Affairs. the report entitled ‘‘A New FCC for the 21st trict of Columbia Auditor, transmitting, pur- By Mr. GRASSLEY (for himself, Mr. Century’’; to the Committee on Commerce, suant to law, the report entitled ‘‘Certifi- TORRICELLI, Mr. HATCH, and Mr. Science, and Transportation. cation of the Fiscal Year 2000 Revised Rev- BIDEN): EC–11095. A communication from the Asso- enue Estimate of $3,225,180,000 in Support of the District’s $189 Million Multimodal Gen- S. 3186. A bill to amend title 11, United ciate Administrator for Equal Opportunity States Code, and for other purposes; to the eral Obligation Bonds’’; to the Committee on Programs, National Aeronautics and Space Committee on the Judiciary. Administration, transmitting, pursuant to Governmental Affairs. EC–11107. A communication from the Di- By Mr. ROTH: law, the report of a rule entitled ‘‘Non- S. 3187. A bill to require the Secretary of rector of the National Gallery of Art, trans- discrimination on the Basis of Sex in Edu- Health and Human Services to apply aggre- mitting, pursuant to law, the report relative cation Programs or Activities Receiving gate upper payment limits to non-State pub- Federal Financial Assistance’’ (RIN1190– to the annual management and commercial licly owned or operated facilities under the AA28) received on October 10, 2000; to the activities inventory; to the Committee on medicaid program; read the first time. Governmental Affairs. Committee on Commerce, Science, and By Mr. KYL (for himself and Mrs. FEIN- EC–11108. A communication from the Exec- Transportation. STEIN): EC–11096. A communication from the utive Director of the Federal Reserve Em- S. 3188. A bill to facilitate the protection of Chairman of the Federal Trade Commission, ployee Benefits System, transmitting, pursu- the critical infrastructure of the United transmitting, pursuant to law, a report rel- ant to law, a report relative to the retire- States, to enhance the investigation and ative to the strategic plan for fiscal years ment plan for employees of the Federal Re- prosecution of computer-related crimes, and 2000 through 2005; to the Committee on Com- serve System prepared as of December 31, for other purposes; to the Committee on the merce, Science, and Transportation. 1999; to the Committee on Governmental Af- Judiciary. EC–11097. A communication from the As- fairs. By Ms. SNOWE (for herself, Mr. BAYH, sistant Secretary for Communications and EC–11109. A communication from the Ad- Mr. KOHL, Mr. L. CHAFEE, Mr. MOY- Information, Department of Commerce, ministrator of the General Services Adminis- NIHAN, and Mr. BREAUX): transmitting, pursuant to law, a notice of tration, transmitting, pursuant to law, a re- S. 3189. A bill to provide more child sup- the Technology Opportunities Program port relative to the strategic plan; to the port money to families leaving welfare, to grants for fiscal year 2000; to the Committee Committee on Governmental Affairs. simplify the rules governing the assignment on Commerce, Science, and Transportation. f and distribution of child support collected by States on behalf of children, to improve the EC–11098. A communication from the As- REPORTS OF COMMITTEES sistant Secretary for Communications and collection of child support, to promote mar- Information, Department of Commerce, The following reports of committees riage, and for other purposes; to the Com- transmitting, pursuant to law, a notice of were submitted: mittee on Finance. the Public Telecommunications Facilities By Mr. JEFFORDS, from the Committee f Program grants for fiscal year 2000; to the on Health, Education, Labor, and Pensions, Committee on Commerce, Science, and SUBMISSION OF CONCURRENT AND with an amendment in the nature of a sub- SENATE RESOLUTIONS Transportation. stitute: EC–11099. A communication from the Sec- S. 1495: A bill to establish, wherever fea- The following concurrent resolutions retary of the Treasury, transmitting, pursu- sible, guidelines, recommendations, and reg- and Senate resolutions were read, and ant to law, the report relative to the audit of ulations that promote the regulatory accept- referred (or acted upon), as indicated: the Telecommunications Development Fund; ance of new and revised toxicological tests By Mr. ROTH: to the Committee on Commerce, Science, that protect human and animal health and S. Con. Res. 147. A concurrent resolution to and Transportation. the environment while reducing, refining, or make a technical correction in the enroll- EC–11100. A communication from the Di- replacing animal tests and ensuring human ment of the bill H.R. 4868; to the Committee rector of the Office of Management and safety and product effectiveness (Rept. No. on Finance. Budget, Executive Office of the President, 106–496). By Mr. MCCONNELL (for himself, Mr. transmitting, pursuant to law, the report en- By Mr. CAMPBELL, from the Committee DODD, and Mr. LOTT): titled ‘‘Agency Compliance with the Un- on Indian Affairs, with an amendment in the S. Con. Res. 148. A concurrent resolution to funded Mandates Reform Act of 1995’’; to the nature of a substitute: provide for the disposition and archiving of Committee on Governmental Affairs. S. 2580: A bill to provide for the issuance of the records, files, documents, and other ma- EC–11101. A communication from the Di- bonds to provide funding for the construc- terials of joint congressional committees on rector of the Office of Personnel Manage- tion of schools of the Bureau of Indian Af- inaugural ceremonies; considered and agreed ment, transmitting, pursuant to law, the re- fairs of the Department of the Interior, and to. port of a rule entitled ‘‘Cost-of-Living Allow- for other purposes (Rept. No. 106–497). By Mr. MACK: ances (Nonforeign Areas); Hawaii County, S. 2920: A bill to amend the Indian Gaming S. Con. Res. 149. A concurrent resolution to Kauai County, Maui County, Guam (Com- Regulatory Act, and for other purposes correct the enrollment of H.R. 3244; consid- missary/Exchange), Puerto Rico, and the (Rept. No. 106–498). ered and agreed to. U.S. Virgin Islands’’ (RIN3206–AJ26) received f on October 10, 2000; to the Committee on INTRODUCTION OF BILLS AND STATEMENTS ON INTRODUCED Governmental Affairs. BILLS AND JOINT RESOLUTIONS EC–11102. A communication from the Di- JOINT RESOLUTIONS rector of the Office of Personnel Manage- The following bills and joint resolu- Ms. LANDRIEU: ment, transmitting, a draft of proposed legis- S. 3183. A bill to require the Sec- tions were introduced, read the first lation entitled ‘‘Federal Employees; Over- retary of the Treasury to mint coins in and second times by unanimous con- time Pay Limitation Amendments Act of commemoration of the contributions of sent, and referred as indicated: 2000’’; to the Committee on Governmental Dr. Martin Luther King, Jr., to the Affairs. By Ms. LANDRIEU: United States; to the Committee on EC–11103. A communication from the Di- S. 3183. A bill to require the Secretary of rector of the Office of Personnel Manage- the Treasury to mint coins in commemora- Banking, Housing, and Urban Affairs. ment, transmitting, pursuant to law, a re- tion of the contributions of Dr. Martin Lu- MARTIN LUTHER KING, JR. COMMEMORATIVE port entitled ‘‘Federal Human Resources ther King, Jr., to the United States; to the COIN ACT OF 2000 Management for the 21st Century’’; to the Committee on Banking, Housing, and Urban Ms. LANDRIEU. Mr. President, today Committee on Governmental Affairs. Affairs. I introduce a bill which is long overdue

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22134 CONGRESSIONAL RECORD—SENATE October 11, 2000 but now appropriate as our Nation pre- lic access will serve to remind us of These are just a few of the great civil pares to face the challenges of a new what our country once was, and how a rights leaders from my State. However, century. solitary voice changed the path of a na- throughout Louisiana and all across During the 1960s, a young and gifted tion. It also would be a constant re- America thousands of citizens—black preacher from Georgia gave a voice to minder of the vigilance needed to en- and white, young and old, rich and the voiceless by bringing the struggle sure we never return to such a time. poor—listened to Dr. King, followed his for freedom and civil rights into the This legislation has been developed voice and dreamed his dreams. It is in living rooms of all Americans. Dr. Mar- in consultation with the King family, memory of all of our struggles that I tin Luther King, Jr. raised his voice the Library of Congress, the Citizens introduce this bill. Commemorative Coin Advisory Com- rather than his fists as he helped lead The great Dutch philosopher Baruch mittee, and the U.S. Mint. Similar leg- our Nation into a new era of tolerance Spinoza said, ‘‘If you want the present islation has been introduced in the and understanding. He ultimately gave to be different from the past, study the House of Representatives by the Chair- his life for this cause, but in the proc- past.’’ This legislation not only ensures ess brought America closer to his man of the House Banking and Finan- cial Services Committee, Congressman we are able to preserve and study our dream of a nation without racial divi- past, but also honors Dr. King, who sions. JIM LEACH of Iowa. Although African-Americans have played such an integral role in shaping It has been said that, ‘‘Those who do both our present and our future. not understand history are condemned played a vital role in our Nation’s his- to repeat it.’’ America’s history in- tory, African-Americans were included cludes dark chapters—chapters in on only four out of 157 commemorative Mr. DURBIN: which slavery was accepted and dis- coins: S. 3184. A bill to amend the Federal crimination against African-Ameri- Jackie Robinson, who broke base- Food, Drug, and Cosmetic Act to re- cans, women and other minorities was ball’s color barrier and brought about a quire premarket consultation and ap- commonplace. It is in acknowledgment cultural revolution with the courage proval with respect to genetically engi- of that history, and in honor of Dr. and dignity in which he played the neered foods, and for other purposes; to King’s bright beacon of hope which has great American pass time, and the way the Committee on Agriculture, Nutri- lead us to a more enlightened era of he lived his life. tion, and Forestry. Booker T. Washington, who founded civil justice, that I introduce the Mar- Tuskegee Institute in Alabama and GENETICALLY ENGINEERED FOODS ACT OF 2000 tin Luther King Commemorative Coin served as a role model for millions of Act of 2000. Mr. DURBIN. Mr. President, today I African-Americans who thought a for- This bill would instruct the Sec- am introducing the Genetically Engi- mal education would forever be outside retary of the Treasury to mint coins in neered Foods Act. This legislation of their grasp. would strengthen consumer confidence commemoration of Dr. King’s contribu- George Washington Carver, whose in the safety of genetically engineered tions to the United States. Revenues scientific experiments began as a way foods, and in the ability of the federal from the surcharge of the coin would to improve the lot in life of share- government to exercise effective over- be used by the Library of Congress to croppers, but ended up revolutionizing sight of this important technology. purchase and maintain historical docu- agriculture throughout the South. ments and other materials associated And the Black Revolutionary War This bill requires an FDA pre-market with the life and legacy of Dr. Martin Patriots, a commemorative half-dollar review of all genetically engineered Luther King, Jr. which recognized the 275th anniversary foods, and grants FDA important au- As we start the 21st Century, I can- of the birth of Crispus Attucks, who thorities to conduct oversight. In addi- not think of better way to honor the was the first revolutionary killed in tion, the Genetically Engineered Foods civil and human rights legacy of Dr. the Boston Massacre. Act creates a transparent process that Martin Luther King, Jr. The Martin Luther King, Jr. Com- will better inform and involve the pub- Today, Dr. King’s message goes be- memorative Coin will give us the op- lic as decisions are made regarding the yond any one group, embracing all who portunity to recognize the valuable safety of genetically engineered foods. have been denied civil or human rights contributions of all Americans who In the past five years, genetically en- because of their race, religion, gender, stood and were counted during our Na- gineered foods have become a major sexual orientation or creed. This Con- tion’s civil rights struggle. part of the American food supply. gress, as well as previous Congresses, Americans like the late Reverend Many foods on the grocery store has taken important steps to put these Avery C. Alexander, who was a patri- shelves now contain genetically engi- beliefs into civil code. arch of the New Orleans’ civil rights neered ingredients such as corn, soy, However, upholding Dr. King’s dream movement. He championed anti-dis- and potatoes. These foods have been is a continuing struggle. Just last crimination, voter registration, labor enhanced with important qualities that month, the House of Representatives rights, and environmental regulations help farmers grow crops more effi- passed hate crimes legislation making as a six-term state legislator and as an ciently. But they have also raised sig- crimes based on race, religion, gender, adviser to Governor Morrison of Lou- nificant concerns as to the safety of and sexual orientation federal offenses. isiana in the 1950s. these new foods, and the adequacy of Champions of hate crimes legislation Heroes like Dr. C.O. Simpkins from government oversight. These concerns in the Senate and our colleagues in the Shreveport, LA, whose home was were heightened by the recent recall of House of Representatives gave powerful bombed simply because he dared to taco shells that contained a variety of examples of the hatred that exists in stand by Dr. King and demand that the genetically engineered corn that was our nation even today. As a society, we buses in Shreveport be integrated, and not approved for human use. must always remember Dr. King’s mes- Reverend T. J. Jemison of Baton sage, ‘‘that one day this nation will Rouge, a front-line soldier and good Up until now, genetically engineered rise up and live out the true meaning friend of Dr. King who helped coordi- foods have been screened by the federal of its creed: ‘We hold these truths to be nate one of the earliest boycotts of the Food and Drug Administration under a self-evident; that all men are created civil rights movement. voluntary program. The Genetically equal.’ ’’ Louisiana also was fortunate enough Engineered Foods Act will make this Dr. King’s majestic and inspiring to have elected leaders such as my fa- pre-market review program manda- voice as he made this speech will re- ther Moon Landrieu and Dutch Morial, tory, and strengthen government over- main in our collective memory forever. both former mayors of New Orleans sight in several important ways. His writings and papers compliment during those turbulent times. They led Mandatory Review: Companies devel- the visual history of his legacy. Keep- the way when the personal and polit- oping genetically engineered foods will ing Dr. King’s papers available for pub- ical stakes were very high. receive approval from FDA before new

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00094 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22135 foods could be marketed. FDA will sci- SECTION 1. SHORT TITLE. cases where the producer has previously suc- entifically ensure that genetically en- This Act may be cited as the ‘‘Genetically cessfully completed the process described in gineered foods are just as safe as con- Engineered Foods Act’’. subparagraph (C) or the voluntary premarket ventional foods before allowing them SEC. 2. FINDINGS. consultation process described in paragraph Congress finds that— (2). on the market. (1) genetically engineered food is rapidly ‘‘(C) PROCESS.—The regulations shall re- Clear-cut Authority: FDA will be becoming an integral part of the United quire the producer to use a premarket con- given authority to review all geneti- States and international food supplies; sultation and approval process that— cally engineered foods, whether pro- (2) the potential positive effects of geneti- ‘‘(i) includes the procedures of the vol- duced domestically or imported, in- cally engineered foods are enormous; untary premarket consultation process de- cluding authority over genetically en- (3) the potential for negative effects, both scribed in paragraph (2); and gineered food supplements (such as gin- anticipated and unexpected, exists with ge- ‘‘(ii) meets the requirements of this sub- seng extract, for example). Genetically netic engineering of foods; section. (4) evidence suggests that unapproved ge- ‘‘(2) VOLUNTARY PREMARKET CONSULTATION engineered foods not approved for mar- netically engineered foods are entering the PROCESS.—The process referred to in para- ket will be considered ‘‘adulterated’’ food supply; graph (1)(C)(i) is the voluntary premarket and subject to FDA recall. (5) it is essential to maintain public con- consultation process described in— Public Involvement: Scientific stud- fidence in the safety of the food supplies and ‘‘(A) the guidance document entitled ‘Guid- ies and other materials submitted to in the ability of the Federal government to ance on Consultation Procedures: Foods De- FDA in their review of genetically en- exercise adequate oversight of genetically rived From New Plant Varieties’, issued in gineered foods will be available for engineered foods; October 1997, by the Office of Premarket Ap- public review and comment. Members (6) public confidence can best be main- proval of the Center for Food Safety and Ap- of the public can submit any new infor- tained through careful review of new geneti- plied Nutrition, and the Office of Surveil- cally engineered foods, and monitoring of the lance and Compliance of the Center for Vet- mation on genetically engineered foods positive and negative effects of genetically erinary Medicine, of the Food and Drug Ad- not previously considered by FDA and engineered foods as the foods become inte- ministration (or any corresponding similar request a new review of a genetically grated into the food supplies, through a re- guidance document); engineered food, even after the food is view and monitoring process that is scientif- ‘‘(B) the statement of policy entitled on the market. ically sound, open, and transparent, and that ‘Foods Derived From New Plant Varieties’, Testing: FDA, in conjunction with fully involves the general public; and published in the Federal Register on May 29, other federal agencies, will be given (7) since genetically engineered foods are 1992, 57 Fed. Reg. 22984 (or any corresponding the authority to conduct scientifically- developed worldwide and imported into the similar statement of policy); and United States, it is also imperative to ensure ‘‘(C) such other documents issued by the sound food testing to determine wheth- that imported genetically engineered foods Commissioner relating to such process as the er genetically engineered foods are in- are subject to the same level of oversight as Secretary may determine to be appropriate. appropriately entering the food supply domestic genetically engineered foods. ‘‘(3) SUBMISSION AND DISSEMINATION OF MA- (for instance, whether a food cleared SEC. 3. PREMARKET REVIEW OF GENETICALLY TERIALS.— for use only as an animal feed is show- ENGINEERED FOODS. ‘‘(A) SUBMISSION.—The regulations shall ing up in food for humans). Chapter IV of the Federal Food, Drug, and require that, as part of the consultation and Communication: FDA and other fed- Cosmetic Act (21 U.S.C. 341 et seq.) is amend- approval process, each producer of a geneti- eral agencies will establish a registry ed by adding at the end the following: cally engineered food submit to the Sec- retary— of genetically engineered foods for ‘‘SEC. 414. GENETICALLY ENGINEERED FOODS. ‘‘(a) DEFINITIONS.—In this section: ‘‘(i) each summary of research, test re- easy, one-stop access to information on ‘‘(1) GENETIC ENGINEERING.—The term ‘ge- sults, and other materials that the producer which foods have been cleared for mar- netic engineering’ means the application of a is required to submit under the process de- ket, and what restrictions are in place recombinant DNA technique or a related scribed in paragraph (2); and on their use. Federal agencies will re- technology to modify genetic material with ‘‘(ii) a copy of the research, test results, port regularly to Congress on the sta- a degree of specificity or precision that is and other materials. tus of genetically engineered foods in not usually available with a conventional ‘‘(B) DISSEMINATION.—On receipt of a re- use. The genetically engineered food breeding technique or another form of ge- quest for the initiation of a consultation and approval process, or on receipt of such sum- review process will be fully transparent netic modification. ‘‘(2) GENETICALLY ENGINEERED FOOD.—The mary, research, results, or other materials so that the public has access to all non- term ‘genetically engineered food’ means a for a food, the Secretary shall provide public confidential information. food or dietary supplement that— notice regarding the initiation of the proc- Research: An existing genetically en- ‘‘(A)(i) is produced in a State; or ess, including making the notice available gineered foods research program will ‘‘(ii) is offered for import into the United on the Internet. The Secretary shall make be expanded to focus research on pos- States; and the summaries, research, results, and other sible risks from genetically engineered ‘‘(B) is created by genetic engineering. materials relating to the food publicly avail- foods, with a specific emphasis on po- ‘‘(3) PRODUCER.—The term ‘producer’, used able, including, to the extent practicable, tential allergens. Research is also di- with respect to a genetically engineered food available on the Internet, prior to making means a person, company, or other entity any determination under paragraph (4). rected at understanding impacts, to that develops, manufactures, imports, or ‘‘(C) PROTECTION OF TRADE SECRETS.—The farmers and to the overall economy, of takes other action to introduce into inter- regulations shall ensure that laws in effect the growing use of genetically engi- state commerce, a genetically engineered on the date of enactment of the Genetically neered foods. food. Engineered Foods Act that protect trade se- Mr. President, I urge my colleagues ‘‘(4) SAFE.—The term ‘safe’, used with re- crets apply with respect to the information to join me in cosponsoring this impor- spect to a genetically engineered food, submitted to the Secretary under subpara- tant legislation. The American people means that the food is considered to be as graph (A). Such regulations may provide for should be assured that the food they safe as the appropriate comparable food that the submission of sanitized information in is not created by genetic engineering. appropriate cases, and the dissemination of feed their families is the safest in the ‘‘(b) REGULATIONS FOR GENETICALLY ENGI- such sanitized information. world. The Genetically Engineered NEERED FOODS.— ‘‘(4) DETERMINATIONS.—The regulations Foods Act can help provide that assur- ‘‘(1) PREMARKET CONSULTATION AND AP- shall require that, as part of the consulta- ance. I ask unanimous consent that a PROVAL.— tion and approval process for a genetically copy of the legislation be printed in the ‘‘(A) IN GENERAL.—The Secretary shall engineered food, the Secretary shall— RECORD. issue regulations that require a producer of a ‘‘(A) determine whether the producer of There being no objection, the bill was genetically engineered food, in order to ob- the food has submitted, during the consulta- tain the approval described in subparagraph tion, materials and information that are ade- ordered to be printed in the RECORD, as (B), to use a premarket consultation and ap- quate to enable the Secretary to fully assess follows: proval process described in subparagraph (C). the safety of the food, and make a descrip- S. 3184 ‘‘(B) APPROVAL.—The regulations shall re- tion of the determination publicly available; Be it enacted by the Senate and House of Rep- quire the producer to use the process in and resentatives of the United States of America in order to obtain approval to introduce the ‘‘(B) if the Secretary determines that the Congress assembled, food into interstate commerce, except in producer has submitted adequate materials

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00095 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22136 CONGRESSIONAL RECORD—SENATE October 11, 2000 and information, conduct a review of the ma- (such as use of markers or promoters) that ‘‘(4) a response to and information on the terials and information, and, in conducting are involved in the genetic engineering for status of implementation of the rec- the review— the foods included in the category; and ommendations contained in a report entitled ‘‘(i) prepare a response that— ‘‘(IV) not less than 10 foods in the category ‘Genetically Modified Pest Protected ‘‘(I) summarizes the materials and infor- have been reviewed under paragraph (4)(B) Plants’, issued in April 2000, by the National mation; and found to be safe. Academy of Sciences; ‘‘(II) explains the determination; and ‘‘(ii) PUBLIC COMMENT PERIOD.—The Sec- ‘‘(5) an assessment of data needs relating ‘‘(III) contains a finding by the Secretary retary shall provide an opportunity, for not to genetically engineered foods; that the genetically engineered food— less than 90 days, for the submission of com- ‘‘(6) a projection of the number of geneti- ‘‘(aa) is considered to be safe and may be ments by interested persons on the proposed cally engineered foods that will require regu- introduced into interstate commerce; rule. latory review in the next 5 years, and the ‘‘(bb) is considered to be conditionally safe ‘‘(iii) FINAL RULE.—At the end of the com- adequacy of the resources of the Food and and may be so introduced if certain stated ment period described in clause (ii), the Sec- Drug Administration, Environmental Pro- conditions are met; or retary shall issue a final rule described in tection Agency, and Department of Agri- ‘‘(cc) is not considered to be safe and may clause (i). culture to conduct the review; and not be so introduced; ‘‘(B) REGULATED GENETICALLY ENGINEERED ‘‘(7) an evaluation of the national capacity ‘‘(ii) make the response publicly available; FOODS.— to test foods for the presence of genetically and ‘‘(i) PROPOSED RULE.—The Secretary may engineered ingredients. ‘‘(iii) provide an opportunity for the sub- issue a proposed rule that exempts from the ‘‘(d) SUBMISSION OF REPORTS.—The covered mission of additional views or data by inter- regulations described in paragraph (1) ge- officers shall submit reports described in ested persons on the response. netically engineered foods that the Sec- this section not later than 2 years, 4 years, ‘‘(5) REVIEW FOR CAUSE.— retary determines are subject to regulation and 6 years after the date of enactment of ‘‘(A) REQUEST FOR ADDITIONAL REVIEW.— under Federal law other than this section, the Genetically Engineered Foods Act. such as foods from pharmaceutical-pro- The regulations shall provide that any per- ‘‘SEC. 416. MARKETPLACE TESTING. son may request that the Secretary conduct ducing plants. ‘‘(a) IN GENERAL.—The Secretary, in con- an additional review, of the type described in ‘‘(ii) PUBLIC COMMENT PERIOD.—The Sec- junction with the Secretary of Agriculture paragraph (4)(B), for a food on the basis of retary shall provide an opportunity, for not and the Administer of the Environmental materials and information that were not less than 90 days, for the submission of com- Protection Agency, shall establish a program available during an earlier review described ments by interested persons on the proposed to conduct testing, as determined necessary in paragraph (4)(B) or that were not consid- rule. by the Secretary, to identify genetically en- ered during the review. ‘‘(iii) FINAL RULE.—At the end of the com- gineered foods at all stages of production ‘‘(B) FINDING FOR ADDITIONAL REVIEW.—The ment period described in clause (ii), the Sec- (from the farm to the retail store). Secretary shall conduct the additional re- retary shall issue a final rule described in view, on the basis of the materials and infor- clause (i). ‘‘(b) PERMISSIBLE TESTING.—Under the pro- mation described in subparagraph (A) if the ‘‘(7) ISSUANCE DATES.—The Secretary shall gram under subsection (a), the Secretary Secretary finds that the materials and infor- issue proposed regulations described in para- may conduct tests on foods — mation— graph (1) not later than 6 months after the ‘‘(1) to identify genetically engineered in- ‘‘(i) are scientifically credible; date of enactment of the Genetically Engi- gredients that have not been approved for ‘‘(ii) represent significant materials and neered Foods Act, and final regulations de- use pursuant to this Act, including foods information that was not available or con- scribed in paragraph (1) not later than 18 that are developed in foreign countries that sidered during the earlier review; and months after such date of enactment. have not been approved for marketing in the ‘‘(iii) suggest potential negative impacts ‘‘SEC. 415. REPORTS ON GENETICALLY ENGI- United States under this Act; and relating to the food that were not considered NEERED FOODS. ‘‘(2) to identify the presence of genetically in the earlier review or demonstrate that the ‘‘(a) DEFINITIONS.—In this section, the engineered ingredients the use of which is re- terms ‘genetic engineering’ and ‘genetically materials and information considered during stricted under this Act (including approval engineered food’ have the meanings given the earlier review were inadequate for the for animal feed only, approval only if prop- the terms in section 414. Secretary to make a safety finding. erly labeled, approval for growing or mar- ‘‘(b) GENERAL AUTHORITY.—The Secretary, keting only in selected regions). ‘‘(C) ADDITIONAL MATERIALS AND INFORMA- the Administrator, and the Secretary of Ag- TION.—In conducting the additional review, ‘‘SEC. 417. GENETICALLY ENGINEERED FOOD riculture (referred to in this section as the REGISTRY. the Secretary may require the producer of ‘covered officers’), after consultation with the genetically engineered food to provide the Secretary of Commerce, the Secretary of ‘‘(a) ESTABLISHMENT.—The Secretary, in additional materials and information, as the Interior, the Council on Environmental conjunction with the Secretary of Agri- needed to facilitate the review. Quality, and the heads of such other agencies culture and the Administer of the Environ- ‘‘(D) FINDING.—In conducting the review, as the covered officers may determine to be mental Protection Agency, shall establish a the Secretary shall— appropriate, shall jointly prepare and submit registry for genetically engineered foods ‘‘(i) issue a response described in paragraph to the appropriate committees of Congress that contains a description of the regulatory (4)(B) that revises the finding made in the reports on genetically engineered foods and status of all such foods that have been sub- earlier review with respect to the safety of related concerns. mitted to the Secretary for premarket ap- the food; or ‘‘(c) CONTENTS.—The reports shall con- proval and that meets the requirements of ‘‘(ii) make a determination, and issue an tain— subsection (b). explanation stating, that no revision to the ‘‘(1) information on the types and quan- ‘‘(b) REQUIREMENT.—The registry estab- finding is needed. tities of genetically engineered foods being lished under subsection (a) shall— ‘‘(E) ACTION OF SECRETARY.—If, based on a offered for sale or being developed, domesti- ‘‘(1) identify all genetically engineered review under this paragraph, the Secretary cally and internationally; food that have been submitted to the Sec- determines that the food involved is not safe, ‘‘(2) information on current and emerging retary for premarket approval; the Secretary may withdraw the approval of issues of concern relating to genetic engi- ‘‘(2) contain the technical and common the food for introduction into interstate neering, including issues relating to— names of each of the foods identified under commerce or take other action under this ‘‘(A) the ecological impacts of, antibiotic paragraph (1) Act as the Secretary determines to be appro- markers for, insect resistance to, nongermi- ‘‘(3) contain a description of the regulatory priate. nating or terminator seeds for, or cross-spe- status under this Act of each of the foods ‘‘(6) EXEMPTIONS.— cies gene transfer for, genetically engineered identified under paragraph (1); ‘‘(A) CATEGORIES OF GENETICALLY ENGI- foods; ‘‘(4) contain a technical and non-technical NEERED FOODS.— ‘‘(B) foods from animals created by genetic summary of the types of genetic changes ‘‘(i) PROPOSED RULE.—The Secretary may engineering; made to each of the foods identified under issue a proposed rule that exempts a cat- ‘‘(C) non-food crops, such as cotton, cre- paragraph (1) and the reasons for such egory of genetically engineered foods from ated by genetic engineering; and changes; the regulations described in paragraph (1) ‘‘(D) socioeconomic concerns (such as the ‘‘(5) identify an appropriate public contact if— impact of genetically engineered foods on official at each entity that has created each ‘‘(I) the rule contains a narrowly specified small farms), and liability issues; of the foods identified in paragraph (1); definition of the category; ‘‘(3) information on options for labeling ge- ‘‘(6) identify an appropriate public contact ‘‘(II) the rule specifies the particular foods netically engineered foods, the benefits and official at each Federal agency with over- included in the category; drawbacks of each option, and an assessment sight responsibility over each of the foods ‘‘(III) the rule specifies the particular of the authorities under which such labeling identified in paragraph (1); and genes, proteins, and adjunct technologies might be required; ‘‘(7) be accessible by the public.’’.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00096 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22137 SEC. 4. PROHIBITED ACTS. ‘‘SEC. 1668. GRANTS FOR RESEARCH ON ECO- addition, the bill would authorize the Section 402 of the Federal Food, Drug, and NOMIC AND ENVIRONMENTAL RISKS Attorney General to issue administra- AND BENEFITS OF USING BIO- Cosmetic Act (21 U.S.C. 342) is amended by TECHNOLOGY IN FOOD PRODUC- tive subpoenas in order to swiftly trace adding at the end the following: TION.’’. the source of a cyber attack. It then re- ‘‘(h) If it is a food containing a genetically (2) Section 1668(g)(2) of the Food, Agri- quires the Attorney General to report engineered food as an ingredient, or is a ge- culture, Conservation, and Trade Act of 1990 to Congress on a plan to standardize re- netically engineered food (as defined in sec- (7 U.S.C. 5921(g)(2)) is amended by striking tion 414(a)) that is subject to section 414(b) quests from law enforcement agencies ‘‘for research on biotechnology risk assess- to private companies for electronic in- that— ment’’. ‘‘(1) does not meet the requirements of sec- formation and records used during a tion 414(b); and Mr. KYL (for himself and Mrs. cyber investigation. Finally, it re- ‘‘(2)(A) is produced in the United States FEINSTEIN): quires the Attorney General and the and introduced into interstate commerce by S. 3188. A bill to facilitate the protec- Secretary of Commerce to report on ef- a producer (as defined in section 414(a)); or tion of the critical infrastructure of forts to encourage the utilization of ‘‘(B) is introduced into interstate com- the United States, to enhance the in- technologies that prevent the use of merce by an importer.’’. vestigation and prosecution of com- false Internet addresses. SEC. 5. GRANTS FOR RESEARCH ON ECONOMIC puter-related crimes, and for other pur- I would like to provide a brief back- AND ENVIRONMENTAL RISKS AND BENEFITS OF USING BIO- poses; to the Committee on the Judici- ground some of the actions by the gov- TECHNOLOGY IN FOOD PRODUC- ary. ernment that have helped to highlight TION. CYBER SECURITY ENHANCEMENT ACT OF 2000 the impediments addressed by the (a) IN GENERAL.—Section 1668 of the Food, Mr. KYL. Mr. President, today I rise Cyber Security Enhancement Act: Agriculture, Conservation, and Trade Act of to introduce the Cyber Security En- Because of my concern for America’s 1990 (7 U.S.C. 5921) is amended by striking hancement Act of 2000. This legislation new ‘‘Achilles heel’’, I authored an subsections (a) and (b) and inserting the fol- amendment to the 1996 Defense Author- lowing: is designed to enhance America’s abil- ity to protect our critical infrastruc- ization Act, directing the President to ‘‘(a) PURPOSES.—The purposes of this sec- tion are— tures from attack by hackers, terror- submit a report to Congress ‘‘setting ‘‘(1) to authorize and support research in- ists, or hostile nations. It is a result of forth the results of a review of the na- tended to identify and analyze technological many meetings and hearings I have tional policy on protecting the na- developments in the area of biotechnology held as the Chairman of the Judiciary tional information infrastructure for the purpose of evaluating the potential Subcommittee on Technology, Ter- against strategic attacks.’’ positive and adverse effects of the develop- rorism, and Government Information In July 1996, the President’s Commis- ments on the United States farm economy that focused on cyber security and crit- sion on Critical Infrastructure Protec- and the environment, and addressing public ical infrastructure protection. tion, PCCIP, was established. It was re- concerns about potential adverse environ- As we all know, the Information Rev- quired to report to the President on mental effects, of using biotechnology in food production; and olution has transformed virtually the scope and nature of the ‘‘(2) to authorize research to help regu- every aspect of our daily lives. How- vulnerabilities and threats to the na- latory agencies develop policies, as soon as ever, advancements in technology have tions critical infrastructures. It was practicable, concerning the introduction and not been accompanied by adequate se- also charged to recommend a com- use of biotechnology. curity. Today, our nation’s critical in- prehensive national policy and imple- ‘‘(b) GRANT PROGRAM.—The Secretary of frastructures have all become inter- mentation plan for critical infrastruc- Agriculture, acting through the Cooperative dependent, with vulnerable computer ture protection and determine legal State Research, Education, and Extension networks as the backbone. These net- and policy issues raised by their pro- Service and the Agricultural Research Serv- works, and the vital services they sup- posals. The Cyber Security Enhance- ice, shall establish a competitive grant pro- gram to conduct research to promote the port like transportation, electric ment Act implements some of their purposes described in subsection (a).’’. power, air traffic control, and tele- legal recommendations. (b) TYPES OF RESEARCH.—Section 1668(c) of communications, are vulnerable to dis- The Commission released its report the Food, Agriculture, Conservation, and ruption or destruction by anyone with in October of 1997. It called for an un- Trade Act of 1990 (7 U.S.C. 5921(c)) is amend- a computer and a modem. And an at- precedented partnership between the ed— tack on one sector can cascade to oth- public and private sector to better se- (1) by redesignating paragraph (4) as para- ers, causing significant loss of revenue, cure our information infrastructure. graph (5); and disruption of services, or loss of life. This partnership is essential because (2) by inserting after paragraph (3) the fol- The Cyber Security Enhancement approximately 90 percent of the crit- lowing: Act seeks to remove some of the im- ical infrastructures are owned and op- ‘‘(4) Research designed to evaluate— ‘‘(A) the potential effect of biotechnology pediments to effective cooperation be- erated by private industry. developments on the United States farm tween the private sector and the gov- In May 1998, the President issued economy; ernment that prevent effective cyber Presidential Decision Directive 63, ‘‘(B) the competitive status of United security. Over the past three years, PDD 63, as a response to the Commis- States agricultural commodities and foods in Senator FEINSTEIN and I have held sions recommendations. This directive foreign markets; and seven hearings in our subcommittee on set 2003 as the goal for protecting our ‘‘(C) consumer confidence in the healthful- cyber security issues. Although we re- critical infrastructures from attack. ness and safety of agricultural commodities ceived many recommendations from Among other provisions, PDD–63 cre- and foods.’’. experts at these hearings and from Ex- ated Information Sharing and Analysis (c) PRIORITY.—Section 1668(d)(1) of the Food, Agriculture, Conservation, and Trade ecutive Branch commissions, I have Centers, ISACs, for the private sector Act of 1990 (7 U.S.C. 5921(d)(1)) is amended by only included those ideas in this bill to share information on cyber inserting before the semicolon the following: that I thought would clearly improve vulnerabilities and attacks. ‘‘, but giving priority to projects designed to cyber security efforts. Finally, on January 7th, 2000, Presi- develop improved methods for identifying In particular, this bill would allow dent Clinton released the first edition potential allergens in pest-protected plants, companies to voluntarily submit infor- of the national plan to protect our crit- with particular emphasis on the development mation on cyber vulnerabilities, ical infrastructures. The plan was a of tests with human immune-system threats, and attacks to the federal gov- modest first step towards addressing endpoints and of more reliable animal mod- ernment, without this information the cyber security challenges before els’’. being subject to Freedom of Informa- the nation. Like the PCCIP, its key (d) CONFORMING AMENDMENTS.— (1) Section 1668 of the Food, Agriculture, tion Act disclosure. The bill would also element was the call for a public-pri- Conservation, and Trade Act of 1990 (7 U.S.C. clarify anti-trust law to permit compa- vate partnership. In February of 2000, I 5921) is amended by striking the section nies to share information with each chaired a hearing in my Judiciary Sub- heading and inserting the following: other on these cyber security issues. In committee on Technology, Terrorism,

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00097 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22138 CONGRESSIONAL RECORD—SENATE October 11, 2000 and Government Information on the President of the Information Tech- The Cyber Security Enhancement national plan and its privacy implica- nology Association of America (the Act includes an assurance that compa- tions. I plan to hold additional over- largest and oldest association of its nies who share information with each sight hearings on the plan in the fu- kind in the nation): ‘‘With respect to other on the narrow issues of cyber ture. FOIA, is it fair to say that we won’t threats, vulnerabilities, and attacks Overall protection from cyber attack have adequate information sharing will not be subject to anti-trust pen- necessitates that information about until we offer an exemption to FOIA alties. This protection was similarly cyber vulnerabilities, threats, and at- for critical information infrastructure provided to companies during the prep- tacks be communicated among compa- protection?’’ Mr. Miller responded: aration for Y2K. There is also a great nies, and with government agencies. ‘‘Absolutely. As long as companies be- deal of support for this provision. Two major legal obstacles towards ac- lieve that by cooperating with the gov- David Aucsmith, Intel’s chief secu- complishing this goal have been re- ernment they’re facing the risk of very rity officer, testified at a Scottsdale, peatedly identified. sensitive and confidential information AZ field hearing of my subcommittee A company which voluntarily sub- about proprietary secrets or about cus- on cyber security on April 22. In ref- mits cyber vulnerability and attack in- tomer records, however well inten- erence to information sharing between formation to the federal government in tioned, ending up in the public record, companies, he stated, ‘‘However, there order to help raise overall security that is going to be, to use your phrase, are problems with that cooperation. We must be assured that this information a show stopper.’’ are now having a collection of industry is protected from disclosure or they FBI Director Louis Freeh testified at competitors coming together to share will not voluntarily submit such infor- the same hearing. He was asked if he information. This brings up anti-trust mation. My legislation provides a nar- supported a FOIA exemption and said: issues.’’ rowly defined exemption from the ‘‘I would certainly tend to favor it in In the op-ed by Nunn and Cilluffo, Freedom of Information Act for this the limited area of trade secrets, pro- they stated, ‘‘Likewise, we need to ad- purpose. prietary information, intellectual dress legislatively the multitude of In its report, the PCCIP specifically property, much like my comments issues related to liability, including addressed the legal impediments to in- about the Economic Espionage Act, anti-trust exposure that may arise in formation sharing. In that section, the where that is carved out as an area sector-to-sector cooperation in cyber- Commission stated: that protects things that are critical to space.’’ We envision the creation of a trusted envi- conduct an investigation, but would be Harris Miller, President of the ITAA, ronment that would allow the government devastating economically and other- wrote an op-ed on cyber security for and private sector to share sensitive infor- wise to the owner of that property, if it the Washington Post in May. In his mation openly and voluntarily. Success will was disclosed or made publicly avail- section on information sharing, he depend upon the ability to protect as well as able.’’ commented, ‘‘Part of the answer will disseminate needed information. We propose The Critical Infrastructure Assur- require new approaches to the Freedom altering several legal provisions that appear ance Office has sponsored the ‘‘Part- of Information Act and the anti-trust to inhibit protection and thus discourage participation. nership for Critical Infrastructure Se- laws so that sensitive information can The Freedom of Information Act, FOIA, curity’’, which is a collaborative effort be protected.’’ makes information in the possession of the of industry and government to address Companies need assurance that their federal government available to the public risks to national critical infrastruc- participation in information sharing upon request. Potential participants in an tures and assure delivery of essential activities about cyber vulnerabilities, information sharing mechanism may require services. It has representation from all threats, and attacks will not result in assurances that their sensitive information sectors of private industry. During punishment. The Cyber Security En- will remain confidential if shared with the hancement Act provides the assurance federal government. their meeting in February, five work- We recommend: The proposed Office of Na- ing groups were formed, one of which that such narrow areas of cooperation tional Infrastructure Assurance (now the addressed legal impediments to infor- will not result in unwarranted anti- Critical Infrastructure Assurance Office) re- mation sharing. FOIA was raised as a trust prosecution. quire appropriate protection of specific pri- primary impediment. Cyber attacks often leave no wit- vate sector information. This might require, Former Senator Sam Nunn and nesses. When an attack does occur, its for example, inclusion of a b(3) FOIA exemp- Frank Cilluffo, of the Center for Stra- origin, scope, and objective are usually tion in enabling legislation. tegic and International Studies, wrote not obvious at first. Time is a critical Currently, there are over 100 exemp- an op-ed on cyber security in the At- factor in the pursuit of a cyber tions to FOIA that have been created lanta Journal-Constitution last month. attacker, and new tools are needed to by other laws. My legislation creates In the article, they stated: ‘‘We need to fight this problem. At the March hear- another so called ‘‘(b)(3)’’ exemption review and revise the Freedom of Infor- ing of my subcommittee, FBI Director that would ensure that Federal enti- mation Act, which now constitutes an Louis Freeh testified about the need ties, agencies, and authorities that re- obstacle to the sharing of information for law enforcement to have adminis- ceive information submitted under the between the public and private sec- trative subpoena authority in order to statute can offer the strongest possible tors.’’ swiftly trace the source of a cyber at- assurances that information received We clearly need to assure private tack. The Cyber Security Enhancement will be protected from FOIA disclosure. companies that information they share Act will permit law enforcement to use Our legislation would not allow sub- with the government in order to im- administrative subpoenas to gain mitters to hide information from the prove cyber security and protect our source information of an attack. Under public. If current reporting obligations critical infrastructures will be pro- current law, the authority to issue ad- require that certain information be tected from public disclosure. This leg- ministrative subpoenas is limited to submitted to a particular agency, this islation provides that assurance. cases involving violations of Title 21 non-disclosure provision would not Information-sharing activities be- (i.e. drug controlled substances’ cases), alter that requirement. The legislation tween companies in the private sector investigations concerning a federal would only protect voluntarily sub- is inhibited by concern over anti-trust health care offenses, or cases involving mitted information that the govern- violations. According to the PCCIP, child sexual exploitation or abuse. ment would otherwise not have. ‘‘Potential contributors from the pri- The ‘‘Love Bug’’ virus investigation There is tremendous support for this vate sector are reluctant to share spe- is an excellent example of where speed FOIA exemption. My subcommittee cific threat and vulnerability informa- is of the essence in catching a cyber held a hearing in March to address the tion because of impediments they per- criminal. Philippine authorities inves- impediments to information sharing. ceive to arise from antitrust and unfair tigating the ‘‘Love Bug’’ computer At that hearing, I asked Harris Miller, business practice laws.’’ virus wanted to search the suspects’

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00098 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22139 apartment sooner, but were unable to tion—the Children First Child Support Temporary Assistance for Needy Fami- find a judge over the weekend. The Reform Act—of which I am a proud co- lies, TANF, the money is divided be- delay apparently gave the apartment’s sponsor. I also want to thank Senator tween the state and federal govern- residents time to dispose of the per- BAYH for his leadership on new father- ments as payment for the welfare the sonal computer and key evidence. hood initiatives. I am pleased that we family has received. The 1996 Welfare The administrative subpoena provi- could work together and incorporate Reform Act gave states the option to sion in my legislation is very narrowly their ideas into this vital legislation. I decide how much, if any, of the state limited to cybercrime investigations am pleased to have Senators CHAFEE, share of child support payments col- involving violations of nine federal MOYNIHAN, and BREAUX as original co- lected on behalf of TANF families to statues that address computer crimes. sponsors on this bill. send to the family. This provision is only concerned with There is no question that children The 1996 Welfare Reform law also re- obtaining information about the source are the very future of our country and quired that in order to qualify for of the electronic communication. It I believe fundamentally that every TANF benefits, beneficiaries must ‘‘as- specifically protects privacy rights by child has the right to grow up healthy, sign’’—or give—their child support prohibiting the disclosure of the con- happy, and safe. Throughout my ca- rights to the state for periods before tents of an electronic message. Admin- reer, promoting children’s well-being and while the family is on welfare. This istrative subpoenas will provide law en- and keeping our children safe is a mis- means that the State is allowed to forcement with the speed and the sion that has been close to my heart. keep (and divide with the federal gov- means to enhance the protection of our While we cannot expect the govern- ernment) child support arrearages that critical infrastructures from attack in ment to ensure that every child re- were owed even before the family went cyberspace. ceives parental love and attention, we on TANF if they are collected while The Cyber Security Enhancement can ensure that parents pay court-or- the family is receiving welfare bene- Act will remove roadblocks to informa- dered child support, and we can ensure fits. tion sharing and investigation of cyber that the custodial parent—not the gov- The original intent of these assign- attacks. It will foster greater coopera- ernment—receives this vital financial ment and distribution strategies was to tion among the private sector and with support. reimburse the state and federal govern- the government on cyber security Ending poverty and promoting self- ments for their outlays to the welfare issues by providing limited protection sufficiency is an on-going national family. But how much sense does it from FOIA and anti-trust laws. It will commitment. Four years ago Congress make to tell a family that is on welfare take away the current ability of cyber restored welfare to a temporary assist- or trying to get off welfare that the criminals to evade law enforcement’s ance program, rather than a program State is entitled to the first cut of any efforts to catch them by authorizing that entangles and traps generation child support payment, even if the ab- administrative subpoenas. It will en- after generation. Today, the welfare sent parent begins to pay back the courage standardization in requests for caseload has fallen by six million re- child support that was owed before the information by law enforcement to the cipients from 12.6 million in 1996 to 6.6 family went on welfare? private sector. It will encourage the million in September 1999. This reflects This means that the state gets the use of technologies that inhibit a cyber a drop of 49 percent in just three years. support before a parent can buy new attacker from utilizing a false Internet We also have the lowest percentage shoes for her child, before she can buy address. (2.4) of the American population on her child a new coat for the approach- Ultimately, this legislation enhances welfare since 1967. ing winter, before she can buy gro- the protection of our nation’s critical Unfortunately, while we are suc- ceries for her family, or pay the rent infrastructures from cyber attack by ceeding in promoting self-sufficiency for the next month. So in the real hackers, terrorists, or hostile nations. and self-reliance through welfare re- world, not just a policy-oriented world, I am committed to doing what I can to form, we are sending out a double- our current law regarding child support secure our nation’s way of life in the edged message on the need to pay child payments provides a disincentive for Information Age. This legislation is a support. Current law regarding the as- struggling parents to leave welfare, critical first step. signment and distribution of child sup- and it certainly provides no incentive port for families on welfare is ex- for the absent parent to pay, much less By Ms. SNOWE (for herself, Mr. tremely complicated—depending on catch up with, their child support bills. BAYH, Mr. KOHL, Mr. L. CHAFEE, when families applied for welfare, when I wonder how we can realistically ex- Mr. MOYNIHAN, and Mr. the child support was paid, whether pect to foster a positive relationship BREAUX): that child support was for current or between a custodial parent, and the S. 3189. A bill to provide more child past-due payments, and depending on parent paying child support, when the support money to families leaving wel- how the child support was collected, in State is entitled to all of the support fare, to simplify the rules governing other words, through direct payments, money. the assignment and distribution of through garnishing wages or other gov- The key provisions of the bill I am child support collected by States on be- ernment assistance programs, or the introducing today will allow states to half of children, to improve the collec- federal income tax return intercept pass through the entire child support tion of child support, to promote mar- program. collected on their behalf while a person riage, and for other purposes; to the The ‘‘Child Support Distribution Act is on welfare; will change how and Committee on Finance. of 2000’’ would provide more child sup- when child support is ‘‘owed’’ to the CHILD SUPPORT DISTRIBUTION ACT OF 2000 port money to families leaving welfare; states for reimbursement for welfare Ms. SNOWE. Mr. President, I rise would simplify the rules governing the benefits; and will expand the child sup- today to introduce the Child Support assignment and distribution of child port collection provisions such as re- Distribution Act. This is companion support collected by States; would im- voking passports for past-due child legislation to Congresswoman NANCY prove the collection of child support; support. JOHNSON’s bill in the House, which would authorize demonstration pro- We must ensure both non-custodial passed the House overwhelmingly on grams encouraging public agencies to and custodial parents that child sup- September 7, 2000. I want to begin by help collect child support; and would port payments are directly benefitting thanking Senator KOHL for his leader- implement a fatherhood grant program their children. This bill will enable ship on child support issues; I am de- to promote marriage, encourage suc- families to keep more of the past-due lighted to have been able to team up cessful parenting, and help fathers find child support owed to them and it will with him again in this important area. jobs and increase their earnings. further the goals of the 1996 Welfare The child support provisions of this bill Under current law, when child sup- Reform Act by helping families to re- closely resemble his original legisla- port is collected for families receiving main self-sufficient. This bill will give

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00099 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22140 CONGRESSIONAL RECORD—SENATE October 11, 2000 mothers leaving welfare an additional One said to me, ‘‘After the six-week The cost to society of drug and alco- $4 billion child support collections over fatherhood training program, the sup- hol abuse is more than $110 billion per the first five years of full implementa- port doesn’t stop . . . I was wild before. year. tion. It will also lead to the voluntary The program taught me self-discipline, The federal government spends $8 bil- payment by states of about $900 million parenting skills, responsibility.’’ lion a year on dropout prevention pro- over five years in child support to fam- Another said, ‘‘As fathers, we would grams. ilies while they are still on welfare. like to interact with our kids. When Last year we spent more than $105 Children are the leaders of tomorrow; they grow into something, we want to billion on poverty relief programs for they are the very future of our great feel proud and say that we were a part families and children. nation. We owe them nothing less than of that.’’ The social and economic costs of the sum of our energies, our talents, And yet another, ‘‘The program teenage pregnancy, abortion and sexu- and our efforts in providing them a showed me how to have a better rela- ally transmitted diseases have been es- foundation on which to build happy, tionship with my child’s mother, and a timated at more than $21 billion per healthy and productive lives. And, better relationship with my child. Be- year. when appropriate, we need to help par- fore those relationships were just fi- All this adds up to a staggering price ents financially support and provide for nancial.’’ we pay for the consequences of our their children. Because it simply While the program’s emotional bene- fraying social fabric, broken families makes little sense to ask people to be fits to families are difficult to meas- and too many men not being involved self-sufficient, to pay their child-sup- ure, we do know it is helping fathers with their kids. The number of kids living in house- port bills, and then to allow the State enter the workforce. Over 80 percent of holds without fathers has tripled over to collect all of that child-support. the men who have graduated from the the last forty years, from just over 5 I encourage my colleagues to take a program are currently employed. serious look at this bill and pass it be- In addition, to grant programs that million in 1960 to more than 17 million today. Children need positive role mod- fore we adjourn. provide parenting skills, employment els. Mr. BAYH. Mr. President, I rise related training, and encourage The House overwhelmingly declared today with the hope that this impor- healthy child-parent relationships tant legislation will be addressed prior their support for child support and fa- there needs to be a cultural shift. This therhood measures. I urge the Senate to the adjournment of this Congress. shift will only take place when society As an original cosponsor of the ‘‘Child to declare their support for these meas- deems it unacceptable to evade one’s ures and pass this legislation this year. Support Distribution Act of 2000,’’ I responsibility as a father. This shift is strongly support the promotion of re- I yield the remaining time to the floor. necessary to motivate the ‘‘deadbeat’’ Mr. KOHL. Mr. President, I rise sponsible fatherhood and putting more fathers to take responsibility for their money in the hands of families for today as an original co-sponsor of this children. In an effort to achieve this important legislation, the ‘‘Child Sup- their children. The House of Represent- cultural shift, the ‘‘Child Support Dis- atives has done their part by passing a port Distribution Act of 2000,’’ and am tribution Act of 2000’’ includes $25 mil- similar bill 405 to 18. It is time for the pleased to join with Senators SNOWE, lion for a media grant program that Senate to act. BAYH, CHAFEE, MOYNIHAN and BREAUX This bill incorporates provisions will allow each state to air television in this effort to help build stronger from a bill I authored, S. 1364, the ads that convey the importance of fa- families and improve our public child ‘‘Promoting Responsible Fatherhood therhood. support system. In addition, this bill expands upon Act,’’ a bipartisan bill to help fathers I want to thank and commend Sen- and noncustodial parents provide emo- the provision in S. 1364 to encourage ator SNOWE and the other co-sponsors tional and financial support for their states to pass-through child support for working with me to present this children. The provision in this bill to funds directly to families that are cur- combined child support/fatherhood leg- provide states with grants for father- rently on government assistance. This islative package, containing child sup- hood programs is essential to ensure provision would provide an additional port provisions that are similar to my smaller more localized programs re- $6.2 billion in the hands of families and legislation, S. 1036, the ‘‘Children First ceive funding and to provide each state children over the next ten years. In ad- Child Support Reform Act.’’ Both my with seed money to expand upon cur- dition, it will increase the likelihood bill and the legislation we are intro- rent fatherhood initiatives. that noncustodial parents will pay ducing today take significant steps to With the inclusion of fatherhood and child support and allow children to increase child support collections and media grants, this bill strikes an ap- benefit from their noncustodial par- to increase the support dollars that are propriate balance to address ‘‘dead- ents’ financial contributions. Making delivered directly—or passed-through— broke’’ fathers and ‘‘deadbeat’’ fathers. families self sufficient through the par- to families involved in the public sys- In order to help dead-broke fathers act ticipation of both parents in their chil- tem. responsibly, this bill authorizes grants dren’s lives is the next step in welfare In Fiscal Year 1998, the public child to fatherhood programs to provide em- reform. support system collected child support ployment training and build upon par- Society has been aware of the con- payments for only 23 percent of its enting skills. Last year, I visited the nection between fatherlessness and caseload. This means that our nation’s Father Resource Program, run by Dr. children experiencing social ills such children are owed roughly $47 billion in Wallace McLaughlin in Indianapolis, as poverty, crime, and teen pregnancy over-due child support. Though every Indiana. This program is a wonderful for sometime now. However, the Fed- year we collect more, it is clear that example of a local, private/public part- eral Government continues to spend our child support system is still not nership that delivers results. It has billions of dollars to address these so- working as it should and that too many served more than 500 fathers, primarily cial ills and very little to address the children still lack the support they young men between the ages of 15 and root causes of such social ills. In order need and deserve. 25, by providing father peer support to break the cycle of poverty, govern- In 1997, I worked with my State of meetings, premarital counseling, fam- ment dependance, and crime Congress Wisconsin to institute an innovative ily development forums and family needs to address fatherlessness and the program of passing through child sup- support services, as well as co-par- breakdown of the family structure. port payments directly to families— enting, employment, job training, edu- The investment called for in this leg- and they have with great success. Wis- cation, and life skills classes. islation is fiscally responsible—it helps consin has found that when child sup- The fathers there were eager to tell deal with the root causes, not just the port payments are delivered to fami- me when I asked about the difference symptoms, of many of the social prob- lies, non-custodial parents are more these programs have made in their lems that cost our society a great deal apt to pay, and to pay more. In addi- lives and the lives of their children. of money. tion, Wisconsin has found that, overall,

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00100 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22141 this policy does not increase govern- to the children to whom it is owed. House-passed Child Support Distribu- ment costs. That makes sense because This policy has existed since 1975 when tion Act, H.R. 4678, with similar bills ‘‘passing through’’ support payments we designed the public child support introduced in the Senate. I agree that to families means they have more of system to recover the costs of welfare it is imperative for the Senate to join their own resources, and are less apt to assistance. Once collected, those sup- the House in passing strong bipartisan depend on public help to meet other port dollars are split between the state legislation to strengthen the child sup- needs such as food, transportation or and federal governments as reimburse- port system and assist low income fam- child care. ment for welfare costs. ilies by allowing them to retain child And since 1997, I have worked to pro- Since the money doesn’t benefit their support payments. I also believe that it mote expansion of this policy to the kids, fathers are either discouraged is important to encourage noncustodial other states. I contributed to the Ad- from paying support altogether or at fathers to take responsibility for their ministration’s child support financing least discouraged from paying through children’s well-being and I am pleased reform consultation process and urged the formal system. And on the other that this legislation includes funding the President to make pass-through ex- side of the equation, mothers have no to states to develop programs pro- pansion part of his budget for fiscal incentive to push for payment since moting responsible parenthood. year 2001, which he agreed to do. I also the support doesn’t go to them. I feel so strongly about this legisla- worked to reach consensus on pass- Our ‘‘Child Support Distribution tion because of the significance of child through expansion with the states, Act,’’ just like my ‘‘Children First poverty in the United States, and par- children’s advocates and fatherhood Child Support Reform Act,’’ attempts ticularly in my own State of Lou- groups. These efforts led to my intro- to address this problem. The legisla- isiana. According to the Children’s De- ducing bipartisan legislation last year tion reforms child support policy so fense Fund, there are almost 366,000 on child support financing reform, S. that families working their way off—or children living in poverty in the State 1036, that advanced many of the poli- just off—public assistance, keep more of Louisiana, almost 30 percent of the cies and principles incorporated into of their own child support payments. state’s children. Over 33 percent of this legislation. I also testified on child With this bill, the federal-state child families in Louisiana have no father in support pass-through policy at a hear- support partnership will embark upon the home and 40 percent of babies are ing before the Senate Finance Com- a new policy era with a mission focused born out-of-wedlock. Studies show that mittee on July 25, 2000. both on promoting self-sufficiency, children who are raised with no father Though we’ve come a long way since rather than cost recovery, and on mak- are five times more likely to live in the 1997 beginning of an expanded pass- ing child support payments truly poverty and twice as likely to commit through program in Wisconsin, we now meaningful for families. a crime or commit suicide, as well as have a key opportunity to encourage We know that creating the right in- more likely to use drugs and alcohol or other states to follow Wisconsin’s ex- centives for non-custodial parents to to become pregnant. It is time to break ample. A House version of this child pay support and increasing collections this cycle of child poverty. Strength- support/fatherhood legislation passed has long-term benefits. People who can ening the child support system, ensur- the House on September 7th by an count on child support are more likely ing that money gets into the hands of overwhelming bipartisan vote of 405 to to stay in jobs and stay off public as- the families that need it, and sup- 18. On September 25th, I sent a letter sistance. porting programs that encourage re- to the Senate leadership, a letter co- Delivering or passing through child sponsible parenthood are important signed by 21 of my Senate colleagues, support directly to families would sim- steps in addressing child poverty. I am urging the leadership to take action on plify the job for states as well. The pleased to cosponsor the Child Support child support and fatherhood policy re- states currently devote six to eight Distribution Act and encourage the forms before the end of this legislative percent of what they spend to run the Senate to act on it this Congress. session. And it is our goal and my sin- entire child support program—$250 mil- Thank you for this opportunity to cere hope that this bipartisan ‘‘Child lion per year—on distributing collec- voice my support for this important Support Distribution Act,’’ which so tions. This has created an administra- legislation. closely resembles the House bill, will tive nightmare. Right now, the states f be approved by the Senate unani- divvy up child support dollars into as mously. This legislation will deliver many as nine pots. Under my proposal, ADDITIONAL COSPONSORS over $6 billion in increased child sup- states would have greater freedom to S. 206 port payments to families over the adopt a straightforward policy of col- At the request of Mr. ASHCROFT, his next ten years. And as my 21 Senate lecting child support and delivering it name was added as a cosponsor of S. colleagues and I emphasized in our let- to families, without costly and burden- 206, a bill to amend title XXI of the So- ter, we can and should move this legis- some regulations. cial Security Act to provide for im- Moving towards a simpler child sup- lation this year because our nation’s proved data collection and evaluations port system that puts greater emphasis children need and deserve nothing less. of State Children’s Health Insurance While we all agree that the level of on getting funds to families is the right Programs, and for other purposes. over-due child support is unacceptable, and most fair approach —for fathers, we also know that poor collection rates mothers, and children, and for all of us S. 768 don’t tell a simple story. There are interested in making the child support At the request of Mr. SESSIONS, the many reasons why non-custodial par- program work. I urge my Senate col- name of the Senator from Georgia (Mr. ents may not be paying support for leagues to support this legislation this MILLER) was added as a cosponsor of S. their children. Some are not able to year, and I look forward to our work- 768, a bill to establish court-martial ju- pay because they don’t have jobs or ing to deliver more child support re- risdiction over civilians serving with have fallen on hard times. Others may sources to the children to whom they the Armed Forces during contingency not pay because they are unfairly pre- are owed so that all our communities operations, and to establish Federal ju- vented from spending time with their benefit from healthier, happier chil- risdiction over crimes committed out- children. dren and stronger, more stable fami- side the United States by former mem- But other fathers don’t pay because lies. bers of the Armed Forces and civilians the public system actually discourages Mr. BREAUX. Mr. President, I would accompanying the Armed Forces out- them from paying. As my colleagues like to express my strong support for side the United States. may know, under the current system, the Child Support Distribution Act of S. 1159 nearly $2 billion in child support is re- 2000 introduced today in the Senate. I At the request of Mr. STEVENS, the tained every year as repayment for would also like to commend my col- name of the Senator from Tennessee public assistance, rather than delivered leagues on their efforts to reconcile the (Mr. FRIST) was added as a cosponsor of

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S. 1159, a bill to provide grants and KYL) was added as a cosponsor of S. S. CON. RES. 147 contracts to local educational agencies 3131, a bill to amend title XVIII of the Resolved by the Senate (the House of Rep- to initiate, expand, and improve phys- Social Security Act to ensure that the resentatives concurring), That, in the enroll- ical education programs for all kinder- Secretary of Health and Human Serv- ment of the bill (H.R. 4868) to amend the garten through 12th grade students. ices provides appropriate guidance to Harmonized Tariff Schedule of the United States to modify temporarily certain rates S. 1536 physicians and other health care pro- of duty, to make other technical amend- At the request of Mr. DEWINE, the viders that are attempting to properly ments to the trade laws, and for other pur- name of the Senator from Colorado submit claims under the medicare pro- poses, the Clerk of the House of Representa- (Mr. ALLARD) was added as a cosponsor gram and to ensure that the Secretary tives shall make the following correction: of S. 1536, a bill to amend the Older targets truly fraudulent activity for On page 160, line 8, strike ‘‘: and’’ and all Americans Act of 1965 to extend au- enforcement of medicare billing regula- that follows through line 10, and insert a pe- thorizations of appropriations for pro- tions, rather than inadvertent billing riod. grams under the Act, to modernize pro- errors. f grams and services for older individ- S. 3147 SENATE CONCURRENT RESOLU- uals, and for other purposes. At the request of Mr. ROBB, the name TION 148—TO PROVIDE FOR THE S. 1969 of the Senator from West Virginia (Mr. DISPOSITION AND ARCHIVING OF At the request of Mr. CRAIG, the BYRD) was added as a cosponsor of S. THE RECORDS, FILES, DOCU- name of the Senator from Alaska (Mr. 3147, a bill to authorize the establish- MENTS, AND OTHER MATERIALS STEVENS) was added as a cosponsor of ment, on land of the Department of the OF JOINT CONGRESSIONAL COM- S. 1969, a bill to provide for improved Interior in the District of Columbia or MITTEES ON INAUGURAL CERE- management of, and increases account- its environs, of a memorial and gardens MONIES ability for, outfitted activities by in honor and commemoration of Fred- Mr. MCCONNELL (for himself Mr. which the public gains access to and erick Douglass. DODD, and Mr. LOTT) submitted the fol- occupancy and use of Federal land, and S. 3152 lowing concurrent resolution; which for other purposes. At the request of Mr. ROTH, the was considered and agreed to: S. 2773 names of the Senator from Georgia S. CON. RES. 148 At the request of Mr. FEINGOLD, the (Mr. CLELAND), the Senator from Ohio Resolved by the Senate (the House of Rep- name of the Senator from Vermont (Mr. DEWINE), the Senator from Indi- resentatives concurring), (Mr. JEFFORDS) was added as a cospon- ana (Mr. BAYH), the Senator from New SECTION 1. RECORDS OF EACH JOINT CONGRES- sor of S. 2773, a bill to amend the Agri- York (Mr. SCHUMER), and the Senator SIONAL COMMITTEE ON INAUGURAL cultural Marketing Act of 1946 to en- from Nevada (Mr. REID) were added as CEREMONIES. hance dairy markets through dairy cosponsors of S. 3152, a bill to amend (a) IN GENERAL.—Upon the conclusion of product mandatory reporting, and for the business of a joint congressional com- the Internal Revenue Code of 1986 to mittee on Presidential inaugural ceremonies other purposes. provide tax incentives for distressed and the closing out of its affairs, all records, S. 3009 areas, and for other purposes. files, documents, and other materials in the At the request of Mr. HUTCHINSON, S. 3178 possession, custody, or control of the joint the name of the Senator from South At the request of Mrs. FEINSTEIN, the committee shall be transferred subject to— Dakota (Mr. JOHNSON) was added as a name of the Senator from Mississippi (1) such terms and conditions relating to access and use of such materials as the Com- cosponsor of S. 3009, a bill to provide (Mr. COCHRAN) was added as a cospon- funds to the National Center for Rural mittee on Rules and Administration of the sor of S. 3178, a bill to amend title 5, Senate shall prescribe; and Law Enforcement. United States Code, to provide that the (2) the provisions of Senate Resolution 474 S. 3050 mandatory separation age for Federal (96th Congress, 2d Session). At the request of Mr. HATCH, the firefighters be made the same age that (b) PRIOR RECORDS.—The records, files, name of the Senator from Alabama applies with respect to Federal law en- documents, and other materials of any joint (Mr. SHELBY) was added as a cosponsor forcement officers. congressional committee on Presidential in- augural ceremonies in the custody of the of S. 3050, a bill to amend title XVIII of S.J. RES. 30 the Social Security Act to make im- Senate on the date of adoption of this resolu- At the request of Mr. KENNEDY, the tion shall be shall be transferred subject to— provements to the prospective payment name of the Senator from Maine (Ms. (1) such terms and conditions relating to system for skilled nursing facility COLLINS) was added as a cosponsor of access and use of such materials as the Com- services. S.J. Res. 30, a joint resolution pro- mittee on Rules and Administration of the S. 3101 posing an amendment to the Constitu- Senate shall prescribe; and At the request of Mr. ASHCROFT, the tion of the United States relative to (2) the provisions of Senate Resolution 474 name of the Senator from Kansas (Mr. equal rights for women and men. (96th Congress, 2d Session). f BROWNBACK) was added as a cosponsor AMENDMENT NO. 4303 of S. 3101, a bill to amend the Internal At the request of Mr. CAMPBELL, the SENATE CONCURRENT RESOLU- Revenue Code of 1986 to allow as a de- names of the Senator from New Mexico TION 149—TO CORRECT THE EN- duction in determining adjusted gross (Mr. BINGAMAN) and the Senator from ROLLMENT OF H.R. 3244 income the deduction for expenses in New Mexico (Mr. DOMENICI) were added Mr. MACK submitted the following connection with services as a member as cosponsors of Amendment No. 4303 concurrent resolution; which was con- of a reserve component of the Armed intended to be proposed to S. 2508, a sidered and agreed to: Forces of the United States. bill to amend the Colorado Ute Indian S. CON. RES. 149 S. 3119 Water Rights Settlement Act of 1988 to Resolved by the Senate (the House of Rep- At the request of Mr. WYDEN, the provide for a final settlement of the resentatives concurring), That the Clerk of the names of the Senator from Washington claims of the Colorado Ute Indian House of Representatives, in the enrollment (Mr. GORTON) and the Senator from Tribes, and for other purposes. of the bill (H.R. 3244) to combat trafficking Washington (Mrs. MURRAY) were added f of persons, especially into the sex trade, as cosponsors of S. 3119, a bill to amend slavery, and slavery-like conditions, in the the Act entitled ‘‘An Act to provide for SENATE CONCURRENT RESOLU- United States and countries around the the establishment of Fort Clatsop Na- TION 147—TO MAKE A TECHNICAL world through prevention, through prosecu- tional Memorial in the State of Or- CORRECTION IN THE ENROLL- tion and enforcement against traffickers, egon, and for other purposes.’’ MENT OF THE BILL H.R. 4868 and through protection and assistance to victims of trafficking, shall make the fol- S. 3131 Mr. ROTH submitted the following lowing correction: At the request of Mr. MURKOWSKI, the concurrent resolution; which was re- (1) In section 2002(a)(2)(A)(ii), strike ‘‘June name of the Senator from Arizona (Mr. ferred to the Committee on Finance: 7, 1999,’’ and insert ‘‘December 13, 1999,’’.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00102 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22143 AMENDMENTS SUBMITTED more moving, and more fitting in cele- fice; that it is your friends who make brating the life of someone so re- you what you are. In this respect Herb spected and so loved. I was privileged was indeed a self-made man but also EXPORT ADMINISTRATION MODI- to join many of Herb’s colleagues and made better by his friends, more par- FICATION AND CLARIFICATION my former colleagues in the House; ticularly his staff. I am also fond of ACT OF 2000 Senator BUNNING; the distinguished saying you are only as good—in terms senior Senators from Virginia, Senator of accomplishment and making a dif- WARNER and Senator ROBB; and hun- ference—as your staff. Herb accom- GRAMM (AND ENZI) AMENDMENT dreds of friends and relatives who were plished much and made a difference. NO. 4305 in attendance. Dan Scandling captured those Mr. WARNER (for Mr. GRAMM (for There simply wasn’t enough room in thoughts and much more in his moving himself and Mr. ENZI)) proposed an Our Lady of Carmel Catholic Church in tribute to his boss, Congressman Herb amendment to the bill (H.R. 5239) to Newport News last September 15 to Bateman. His personal tribute to Laura provide for increased penalties for vio- hold all of Herb Bateman’s friends and Bateman, a great lady, was especially lations of the Export Administration constituents who joined his wife Laura appropriate and captured Herb’s com- Act of 1979, and for other purposes; as and their family, yes, to mourn his mitment and love for his wife. follows: loss, but also to pay tribute and cele- Dan summed up the life of Herb Bate- Strike all after the enacting clause and in- brate his life. man and his public service attributes sert in lieu thereof the following: The remarks by Monsignor Michael as only a trusted aid could do—Herb’s ‘‘Section 20 of the Export Administration D. McCarron were not only appropriate credibility, integrity, his hard work Act of 1979 (50 U.S.C. App. 2419) is amended and especially uplifting in their reli- and commitment to his fellow man. He by striking ‘‘August 20, 1994’’ and inserting gious context, providing Herb and Lau- also reflects on their personal relation- in lieu thereof ‘‘August 20, 2001’’.’’. ra’s family and all of us in attendance ship with honor and affection. f the strength and faith that we needed, Mr. President, I ask unanimous con- sent that the eulogy given by Dan PRIVILEGE OF THE FLOOR but they also captured with humor and grace the perspective of one’s life de- Scandling on behalf of his friend, men- Mr. BROWNBACK. Mr. President, I voted to public service. tor and boss, Congressman Herb Bate- ask unanimous consent that Joseph Herbert H. Bateman Jr., ‘‘Bert’’ Bate- man be printed in the RECORD. Reese be allowed floor privileges dur- man, eulogized his Dad in moving re- There being no objection, the mate- ing this debate. marks that only a loving son could rial was ordered to be printed in the The PRESIDING OFFICER. Without give. Bert’s eulogy was a gift of solace RECORD, as follows: objection, it is so ordered. and comfort to his mother, his family, So many things come to mind when you f his sister Laura and her family, to all think of Herb Bateman. Congressman. State Senator. Colleague. of the relatives present—and with re- TRIBUTE TO THE LATE Statesman. Virginia Gentleman. Devoted gard to that special father-son rela- CONGRESSMAN HERB BATEMAN Public Servant. tionship we all would hope for—it was Boss. Golfing Partner. Friend. Mr. ROBERTS. Mr. President, I rise a gift to us all. And lest no one forget: ‘‘America’s First on the Senate floor today to pay trib- The last speaker during the service District.’’ ute and to really eulogize one of our for Herb Bateman, was his long time There also is the much more private side of Herb Bateman. colleagues from the House of Rep- Chief of Staff, Dan Scandling. And, it is Husband. Father. Grandfather. resentatives and a personal friend. I am Dan’s eulogy that I am going to ask to One of the first things that struck me speaking of Herb Bateman, the late be put in the RECORD today. about Mr. Bateman when I came to work for Congressman from America’s First Dis- I do so for a special reason. Dan him 10 years ago was his unwavering devo- trict, the First District of Virginia. Scandling’s remarks are not only a fit- tion to Laura. As most of my colleagues know, Herb ting tribute to his boss, Congressman I can still vividly remember one of the first times she came into the office. We were just passed away last month following a Herb Bateman, they also speak for all wrapping up one of those marathon meetings rich life of public service, family com- of the Bateman staff members during that all you Members so deeply cherish when mitment, and 18 years of distinguished 18 years of Herb’s distinguished service. Laura walked in. service in the House of Representa- They speak for Dan, and they speak for Herb got up from behind his desk, walked tives. Herb had announced his retire- his long-time and valued executive as- over to her, reached for her hand, gave her a ment last January, and in doing so, he sistant, Peggy Haar, and for all of the kiss on her cheek and then asked how her had received well-deserved accolades day was. staffers who served Herb so well during I quickly learned this wasn’t just a one- and awards and letters of appreciation. his 18 years in the House of Represent- time thing. They were from virtually everyone atives. After hearing Dan speak, I be- Nothing was as important as making sure whose life he touched—and he touched lieve his comments also represent that Laura had had a good day. many from all walks of life. I might special relationship that most congres- I only wish I was half as attentive to the add, the letters of appreciation and sional staff members have with their needs of my wife. thanks are still being sent to news- Laura was the most important thing in congressman or their senator. Herb’s life. The two were inseparable. Wher- papers in his district. My appreciation for Dan Scandling’s ever Herb went, Laura went. Whether it was From September 12 through 14, Mem- remarks, like others who are privileged travel overseas, a trip to the Eastern Shore bers of the House paid a very deserved to serve in this body, are because I am or back and forth to Washington, the two of tribute to Herb, and in doing so, really a former staffer—or as we say in Kan- them were always together. captured the essence of the man. The sas, a bucket toter, if you will, in my Laura was very important to Herb’s polit- essence, simply put, is that Herb epito- case working for both a Senator and ical career—particularly when it came to keeping names and faces straight. mized integrity in public service. I my predecessor in the House of Rep- Herb was terrible with names. He always commend these moving and very accu- resentatives. In each case, my boss was insisted on name tags at every event he rate portrayals of Herb Bateman to the the Senator or the Congressman. So it hosted. attention of my Senate colleagues. was and is for Dan and all of the Bate- Laura, on the other hand, is the master of Let me also say that the comments man staff. They admired and loved him remembering names and faces. No matter by our colleagues in the House also and their work demonstrated that and where they were, or who they ran into, it is represented a most appropriate segue in turn their work earned the respect like instant recall. She can always place a to the services that were held for Herb name with a face. You politicians in the au- and gratitude of the people of Amer- dience today should be jealous. in his hometown of Newport News. I ica’s First District. I know one certain Chief of Staff who owes am compelled to say that I have never I am fond of saying that there are no his congressional career to Laura because attended services more appropriate, self-made men or women in public of- she remembered his name and face.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00103 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22144 CONGRESSIONAL RECORD—SENATE October 11, 2000 Bert and Laura, you have no idea how sides of the aisle. He got letters from long- I could recount hundreds—if not thou- proud your father was of you. Not a day went time friends and associates. And most sig- sands—of cases where Herb got personally in- by that he wasn’t telling me about how one nificantly, he got letters from hundreds of volved. One that always comes to mind in- of you had gotten a better job, or a pro- his constituents. All them were effusive in volved a woman from Williamsburg whose motion, or had landed a big, new account. their praise. husband had died and was buried in Arling- Bert, he was particularly proud of your de- Credibility meant everything to Herb Bate- ton Cemetery. The woman’s husband had sire—and commitment—to make Newport man. I know that first hand. I know it guided been an Air Force pilot and she asked that News a better place to live and work. He was each of his decisions, whether it was on a he be buried in the section in Arlington proud that you were willing to give so much controversial issue before Congress or a con- where you could have different types of of yourself to your community. tentious political issue. tombstones. And he also was proud of how good a hus- He would have been pleased to hear how Soon after his funeral she went about de- band—and father—you are. his colleagues described him during Tuesday signing a tombstone that she thought would Laura, nothing brought a bigger smile to evening’s tribute on the floor of the House. be a fitting tribute. The cemetery approved your father’s face than for him to run into I couldn’t help but smile as I saw Member the design and she had the stone carved. one of his former colleagues from the Vir- after Member get up and talk about his in- When the store arrived at the cemetery sev- ginia Senate and have them tell him how tegrity. eral weeks later, cemetery officials did a great a job you do in Richmond and beyond. Perhaps Congressman Burton said it best: complete 180 and told her she couldn’t use He was so proud of how successful you have ‘‘Herb was a man, who if he gave his word the stone. become. on anything, you could take it to the bank. Somehow, a columnist at the Washington Then there is ‘‘Poppy.’’ Herb loved his Herb was not one of those guys that played Post caught wind of the situation and a grandchildren. Emmy, Hank and Sam—you both sides of the fence. He was a man of in- story appeared in the paper. Herb saw it and were the apples of his eye. tegrity—impeccable integrity—and one that asked me what I knew about it. After a few Just last week he was boasting how Emmy all of us respected.’’ quick calls, it was evident the woman hadn’t had won a tennis tournament at the club and More than anything else—any aircraft car- contacted us. But to Herb, that didn’t mat- was so pleased that Hank had taken up run- rier, any submarine, any bridge, any Corps of ter. ning cross country. Every summer I would Engineers’ project—Herb would want to be Within a matter of minutes, Herb, me and get the updates on all the ribbons the two of known for his integrity. another staffer were in a car headed over to you would win at swim meets. Obviously, he has. Arlington. We drove through the cemetery Hank, I think your grandfather has high Herb had two vices in life. A good steak, where the woman’s husband was buried, got expectations from you on the athletic field. and golf. out looked at some of the other tombstones I know you won’t let him down. Man, did he love a good steak. New York then headed back across the river. Emmy, I know your ‘‘Poppy’’ wishes for Strip. Medium rare. Upon returning to the office, Herb imme- you the same success that his daughter has He always ordered french fries with his diately called the Superintendent at Arling- had. steak—extra crisp, please or potato sticks if ton and presto, the issue was resolved. Sam, your ‘‘Poppy’’ was so excited about you have them. When I called the woman to tell her the your first day at school. He was looking for- If I was invited over to Shoe Lane for din- cemetery officials had relented, I asked why ward to getting home last weekend to hear ner it usually meant a good steak on the she didn’t call us. She said she didn’t want to all about it first-hand. grill—and potato sticks! burden the Congressman with her problem. I know this week has not been easy. It If I was invited out for a steak in Wash- To Herb, it wasn’t a bother; it was a pleas- wasn’t supposed to happen this way. I know ington, it usually meant someone in the of- ure. It was all about helping the people he you feel somewhat cheated because ‘‘Poppy’’ fice was in trouble. represented. was finally going to be able to spend more I used to cringe when he would come up be- The Congress has lost more than an out- than just the weekends in Newport News. hind me, put his hand on my shoulder and standing Member, it has lost a warm, caring There would be no more of this nomadic life say, ‘‘Dan, let’s go have a steak.’’ individual who served his nation with great of leaving for Washington every Monday He always enjoyed his meal. I can’t say the honor and distinction. morning only to return home sometime Fri- God bless Herb, his family, and America’s same. day—then do it all over again two days later. First District. The there was golf. Next to Laura, golf was But look around this church. Look how his passion. Mr. ROBERTS. Mr. President, I com- many people are here. Everyone here loved Like most us, he wasn’t very good, but mend his remarks to all Senators and your ‘‘Poppy.’’ It’s like one huge ‘‘thank you’’ for sharing that didn’t matter. He just loved to play. He more especially all staff in both the him with us. loved being outdoors. He loved meeting new House and Senate. It captures that spe- Thank you for all those times he left you— playing partners. cial relationship—the analogy might his family—to go work an 80-hour week in And he loved mulligans! be—my boss, right or wrong—my boss. Herb played golf to relax. He didn’t talk Washington; In the case of Herb Bateman and Dave To go to a parade somewhere at the other about work on the golf course. He didn’t take a cell phone. He never carried a pager. Scandling the rightness of their work end of the District on a Saturday morning; was 100 percent—there was no wrong. To go to some god-awful chicken dinner Golf was for fun. If you were on the golf fund raiser; course, you were there to enjoy yourself. In closing, I would like to quote To go shake hands at the shipyard gates at If Herb were ever elected President, I bet Helen Steiner Rice to Laura Bateman, 6 a.m. on some rain-soaked morning in the one of the first things he would do would be to the family, to the staff, and to the dead of winter. to issue an Executive Order prohibiting cell friends and constituents of Herb Bate- Thank you for sharing him with us. Thank phones on the golf course. man, my friend. For all those golfers here today, I have one you for the sacrifices you made. When I must leave you for a little while, I worked for Herb Bateman for 10 years. special request. The next time you play golf, as tribute to Herb, leave your cell phones Please go on bravely with a gallant smile Over that time we grew to be pretty close. I And for my sake and in my name, think it would probably be fair to say he and pagers in the car. Take the time to relax and enjoy the peo- Live on and do all things the same— considered me part of the family. Spend not your life in empty days, There aren’t too many places in America’s ple you are playing with. I have made a But fill each waking hour in useful ways— First District that he and I haven’t been to promise to myself never to take a cell phone Reach out your hand in comfort and in together, and there aren’t too many things with me on the golf course again. I hope I cheer, we haven’t discussed. can live up to it. And I in turn will comfort you and hold you Of all the things that have been ingrained Oh, and take a couple of mulligans too. near. in my head over the last 10 years, it’s that I want to close by touching on some of the credibility is everything. things that Herb did that no one knew about, I would be happy to yield to the dis- Once you lose your credibility, you lose ev- that never made any headlines, that never tinguished Senator from Virginia. erything. If people cannot take you at your got him a vote. Mr. WARNER. Mr. President, I sim- word, then your word is nothing. Herb liked helping people. He always ply want to say to my very dear friend, Perhaps that explains why he was such an stressed to his staff that constituent service I ask that I be associated with his re- effective legislator, and why when he an- was the most important part of his job—and marks. It was a privilege to be on the nounced his retirement last January, letters, their job. faxes and e-mails poured into his office He always reminded us that he worked for floor at the time the Senator from thanking him for his dedicated service. the people of America’s First District and it Kansas delivered his remarks. In my 22 He got letters from Admirals, Generals, was his job to help them when they had a years in this great institution, the Sen- captains of industry and politicians on both problem. ate, I have never known a Member of

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00104 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22145 Congress who tried harder to work on He looked at me and said: Well, Mr. spent money on things that, while im- personal relationships than my good Chairman, PAT, friends and colleagues portant, they were unwilling to pay friend from Kansas. from the House, what would that res- for, or, in the alternative, do without. He is so respected in this institution, ervation be? I said: Only if we call your In the process, Washington ran up stag- as he was in the House. To have him amendment the ‘‘Herb Bateman Com- gering debt, and mortgaged our future. stand in tribute to one of our mutual mon Sense Amendment.’’ Obviously, it Today, we have a $5.7 trillion na- friends of long standing for all of these was agreed to and passed. tional debt that is costing us $224 bil- years I have been in the Senate—I That was on a Thursday. We lost lion in interest payments a year, and think maybe Herb’s 20 years versus my Herb over that weekend—something I that translates into $600 million per 22 years. Whatever it is, it is incon- could not believe as I came to work on day just to pay the interest. sequential. I worked with him. Monday. But as I reflect back on that, Out of every federal dollar that is I was so pleased to go down to visit it was probably his last amendment, spent, 13 cents will go to pay the inter- his lovely wife and his children. I have and it was ‘‘common sense,’’ as he al- est on the national debt. Think of that. seen his children grow, as the Senator ways stood for. In comparison, 16 cents will go for na- from Kansas has, and I was privileged So from that standpoint, I think the tional defense; 18 cents will go for non- to be at the service with the Senator distinguished chairman’s suggestion defense discretionary spending; and 53 and some others from the Congress of about what we do in the next Congress cents will go for entitlement spending. the United States. What a fine, fine is most appropriate. I appreciate his Right now, we spend more federal tax person he was, and most deserving of contribution. dollars on debt interest than we do on the outpouring of heartfelt expressions Mr. President, I yield the floor. the entire Medicare program. at that memorial service. I spoke to his Mr. WARNER. Mr. President, if I As the end of the 106th Congress widow not too long ago. She is a might say to my good friend, Herb and draws near, I look back with mixed woman of great strength, as are the I played a game of golf, which he dear- feelings at the actions that this Con- children, and it will carry on. ly loved. He had his priorities—his fam- gress has made towards bringing our fi- I would like to work with my col- ily, his church, and work in Congress. nancial house in order. While we have league and other Members of the House He was the only man I played with, as made some strides in paying down the and the Senate at the appropriate others have, and whom I ever knew of, national debt, there is a lot more that we could have done. For example, we time—which I think will have to be who could miss a 2-foot putt and still could have done a much better job of next year—to name something related walk off the green with a smile on his reining-in federal spending. Regret- to defense in honor of our most re- face. He always said, well, tomorrow, cently departed colleague and friend. fully, we have done the opposite. or the next putt on the green, it will be What many Americans don’t realize I thank the Senator. a better day. But that was the sort of is the fact that Congress increased Mr. ROBERTS. Mr. President, I wonderful, even-tempered, absolutely overall non-defense domestic discre- thank the distinguished chairman, my beautiful man he was in terms of his tionary spending in fiscal year 2000 to friend and colleague, for his comments. character. I wasn’t planning on doing this. But $328 billion. That’s a 9.3 percent boost I thank my colleague. I have enjoyed over the previous fiscal year, and the I might just provide the chairman with these few moments. He loved the Navy. largest single-year increase in non-de- a reflection. As he knows, we were in He loved everything connected with fense discretionary spending since 1980. conference on the Defense authoriza- the sea and maritime. How many times In an effort to bring spending under tion bill—the bill we are trying to get we heard him give the speech: And I’m control, my friend, Senator ALLARD, finished here. It is so essential to our the Congressman from the First Con- and I offered an amendment this past Nation and our national security. gressional District. June to direct $12 billion of the FY 2000 There was not anybody in Congress I yield the floor, and I suggest the ab- on-budget surplus dollars toward debt who worked harder or who was more ef- sence of a quorum. reduction. While that amendment fective in regard to national security The PRESIDING OFFICER. The passed by a vote of 95–3, the victory did than our dear friend, Herb Bateman. clerk will call the roll. not last long—all but $4 billion of that The Subcommittee on Emerging The legislative clerk proceeded to $12 billion was used for other spending Threats on the Senate side, of which I call the roll. in the Military Construction Appro- am accorded the privilege of being the Mr. VOINOVICH. Mr. President, I ask priations Conference Report. chairman, was meeting with several unanimous consent that the order for Nevertheless, we have had reason to other subcommittee chairmen because the quorum call be rescinded. celebrate some good news. Just last the House does not follow suit in terms The PRESIDING OFFICER. Without year, many of us fought to ‘‘lock box’’ of our organization or duties and we objection, it is so ordered. Social Security. In spite of the fact think the Emerging Threats Sub- Mr. VOINOVICH. Mr. President, I ask that many of my colleagues on the committee, which was largely formed unanimous consent to speak as in other side of the aisle defeated the bill, out of the leadership of the distin- morning business for up to 20 minutes. Congress did, though, for the first time guished chairman, encompasses so The PRESIDING OFFICER. Without in three decades, not spend a dime of many different things that are so im- objection, it is so ordered. the Social Security surplus. portant to our national security. We f I have to say that I take great of- were meeting in conference. The distin- fense at the fact that the Vice Presi- guished gentleman from the First Dis- DEBT REDUCTION AND SPENDING dent is out there taking credit for trict of Virginia came in, and he was a CUTS ‘‘lock boxing’’ Social Security and tad late. The only amendment we had Mr. VOINOVICH. Mr. President, in a Medicare. My colleagues—and indeed that was still outstanding was the few short weeks, it will have been two the American people—should be aware Bateman amendment. I asked Herb if it years since the people of Ohio elected that, in fact, it was this administra- was a little late for his tee time. He me to represent them in the United tion—the Clinton-Gore administra- laughed and said: No, not today but to- States Senate. One of the main reasons tion—that sent a veto threat to the morrow. I wanted to serve in this body was to Senate regarding the Abraham/Domen- I informed all those present that the have an opportunity to bring fiscal re- ici Social Security ‘‘lock box’’ amend- Senate had strong feelings about Mr. sponsibility to the nation’s capital and ment that we considered in April of Bateman’s amendment—very strong eliminate the gigantic debt burden 1999. feelings—and, despite that, we would that we have put on the backs of our Here is the direct quote from that accept the amendment under one res- children and grandchildren. veto threat: ‘‘. . . If the Abraham/ ervation. Herb was a little concerned As my colleagues know, for decades, Domenici amendment or similar legis- because it was a very fine amendment. successive Congresses and Presidents lation is passed by the Congress, the

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00105 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22146 CONGRESSIONAL RECORD—SENATE October 11, 2000 President’s Senior Advisors will rec- That report states that, ‘‘projected Even though it is not perfect legisla- ommend to the President that he veto growth in spending on the federal gov- tion, I support H.R. 5173, because in my the bill.’’ I would presume that the ernment’s big health and retirement view, it is the best chance for Congress term ‘‘Senior Advisors’’ would include programs—Medicare, Medicaid and So- this year to make another significant the Vice President. cial Security—dominates the long-run payment on the national debt while Although Congress has agreed by budget outlook. If current policies con- keeping a tight lid on spending. Unfor- consensus not to use the Social Secu- tinue, spending is likely to grow sig- tunately, the ‘‘90–10’’ bill has never rity surplus for more spending, Con- nificantly faster than the economy as a achieved the same kind of support here gress, still has not been able to pass whole over the next few decades. By in the Senate as it did in the House, ‘‘lock box’’ legislation. And because 2040, CBO projects those outlays will and therefore, the types of controls the Congress has not passed a ‘‘lock box’’ rise to about 17 percent of gross domes- bill would have put on spending will bill, I am fearful that if things get tic product—more than double their not be enacted in the Senate. tight in the future, Congress will re- current share.’’ Instead, I fear that with the end of vert to its old ways. The report goes on to say, ‘‘ ‘saving’ session ‘‘rush to get out of town,’’ Con- Probably the best news from fiscal most or all of the budget surpluses that gress and the President are engaged in year 2000 is that despite spending CBO projects over the next 10 years— a spending spree the likes of which we roughly $20 billion of the on-budget using them to pay down debt—would haven’t seen since LBJ’s Great Soci- surplus this past summer, Congress did have a positive impact on the projec- ety. While I am concerned that the not touch the additional $60 billion on- tions and substantially delay the emer- President wants additional spending, I budget surplus that CBO announced in gence of a serious fiscal imbalance.’’ am particularly alarmed at the fact July. In other words, when fiscal year I believe that each of my colleagues that many of my colleagues are trying 2000 came to an end on September 30th, should read this report because it their hardest to outspend the Presi- that $60 billion on-budget surplus had might make them consider the con- dent. Under this scenario, it’s no won- not been spent nor used for tax cuts. sequences of all the spending that’s der H.R. 5173 never had a chance. Instead, it will go towards reducing the going on in this body and help make Although we have not yet passed all national debt. the argument for more fiscal restraint of the fiscal year 2001 appropriations When on-budget surplus funds are in these last days of the 106th Congress. bills, the amount that spending has in- used to lower the debt, it sends a posi- Therefore, Mr. President, I encourage creased in the bills that have been tive signal to Wall Street and to Main my colleagues to look up the CBO re- passed is quite disturbing: particularly Street that the federal government is port, ‘‘The Long-Term Budget Out- when compared to the Consumer Price serious about fiscal discipline. It en- look,’’ at the CBO website, Index, which is 2.7 percent. For instance, the fiscal year 2001 En- courages more savings and investment www.cbo.gov. ergy and Water appropriations bill that which, in turn, fuels productivity and Mr. President, I am a firm believer in was just vetoed spends 12 percent more continued economic growth. the phrase, ‘‘prepare for tomorrow, than its FY 2000 counterpart; the FY All the experts say that paying down today,’’ and I believe that anytime we 2001 Interior appropriations bill rep- the debt is the best thing we could do have an opportunity to enhance our fu- resents a 26 percent increase; and the with our budget surpluses. Indeed, CBO ture economic position, we cannot FY 2001 Transportation appropriations Director Dan Crippen said earlier this squander that opportunity. That is why bill that we passed last Friday in- year: ‘‘most economists agree that sav- I am deeply disappointed that the Sen- creased its discretionary spending by ing the surpluses and paying down the ate is not going to consider the Debt about 25 percent. So far, Congressional debt held by the public is probably the Relief Lock-Box Reconciliation Act for spending in fiscal year 2001 is on-track best thing that we can do relative to Fiscal Year 2001, H.R. 5173. This is a to make the 9.3 percent fiscal year 2000 the economy.’’ bill that passed in the House of Rep- non-defense discretionary spending in- I would like to say Mr. President, in resentatives by a vote of 381–3, and crease look like ‘‘chump change.’’ the last month or so, I have had the op- which would have taken 90 percent of I would like to say to the citizens of portunity to meet with director the fiscal year 2001 surplus and used it Ohio that there are many good things Crippen in my office a couple of times, strictly for debt reduction. in those bills that I would have liked to including, most recently, this morning. As my colleagues know, the Congres- support, but spending increases of this He said that the only way we were sional Budget Office has projected that kind are just outrageous. going to be able to deal with the wave in fiscal year 2001, the United States What we should have been doing with of Social Security and Medicare bene- will have a surplus of $268 billion, in- these appropriations bills is fits that we will have to pay when the cluding an on-budget surplus of $102 prioritizing our spending and living ‘‘baby boomers’’ start to retire, is to billion. within the budget resolution that we reform Social Security and Medicare, Under H.R. 5173—or the ‘‘90–10’’ bill passed in the beginning of the year. and most important, we should under- as it has been called—$240 billion of the Maybe I should ask my colleagues, if take policies that encourage a robust, $268 billion projected surplus would go we are not going to live within the pa- growing economy. And as far as I’m toward paying down the national debt. rameters of the budget resolution, then concerned, paying down the national By using such a substantial amount of why did we spend to much time on it? debt is the best way that we can foster the surplus for debt reduction, Con- If, when I was Governor, I had ever a robust growing economy. gress would be officially ‘‘lock boxing’’ gone to the Ohio legislature and told Mr. President, in today’s Washington not only the Social Security surplus, them I wanted to increase the budget Post, columnist David Broder, touched but the Medicare surplus as well. Thus, by 25 or 26 percent, they would have on this same theme in reporting about some $198 billion—the amount CBO pre- impeached me. The editorial writers the need to exhibit fiscal responsi- dicts—will be in surplus for those two would have said I had gone crazy, espe- bility. In case my colleagues have not funds. cially when my mantra when I came read the article, I ask unanimous con- In addition to ‘‘lock-boxing’’ Social into office was, ‘‘gone are the days sent that it be printed in the RECORD at Security and Medicare, the legislation when public officials are measured by the conclusion of my remarks. would appropriate $42 billion of the fis- how much they spend on a problem. The PRESIDING OFFICER. Without cal year 2001 on-budget surplus projec- The new realities dictate that public objection, it is so ordered. tion toward debt reduction. officials are now judged on whether (See Exhibit 1) The remaining 10 percent—or $28 bil- they can work harder and smarter and Mr. VOINOVICH. In addition, just lion—would be divided and used to do more with less.’’ yesterday, the Congressional Budget cover whatever tax cuts or necessary And Mr. President I hate to think Office released its report, entitled ‘‘The and reasonable spending increases that what the voters would have done to Long-Term Budget Outlook.’’ needed to be made. me.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00106 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22147 Many of my colleagues do not seem gress will have reduced the 10 year pro- But before we get too giddy in celebrating to consider that each separate appro- jected budget surplus by some $750 bil- our good fortune, let it be noted that histo- priations bill adds-up. There is no sense lion. Let’s not let that happen. rians are almost certain to remark on the of concern that one particular appro- If Congress intends to spend money purposeful myopia of the candidates in this on implementing programs, we need to first election of the new millennium, their priations bill increases its spending deliberate refusal to acknowledge and dis- from FY 2000 by 20 percent, because it’s tighten our belts on our current spend- cuss one of the biggest realities of our na- only $2 billion to $3 billion more than ing and not squander our on-budget tional life: The glorious federal budget sur- last year. Or, some may say we need to surplus on the kinds of wasteful spend- pluses they are happily parceling out for spend an extra billion dollars or so on ing included in the various fiscal year their favorite programs and tax cuts are a this or that program because we have a 2001 appropriations bills. We cannot short-term phenomenon, soon to be followed huge surplus and we can afford it. forget that we are facing a Social Secu- by crippling deficits, unless we make some In a $1.7 trillion overall budget, I can rity and Medicare funding crisis in the hard choices in the next few years. near future, and if we can’t prioritize In this respect, the 2000 campaign is remi- see how someone may got caught up in niscent of 1988—but worse. In that year, that logic. our spending now, we will not be able Dukakis and the elder Bush avoided dis- However, in the words of Everett to keep these programs solvent at their cussing the savings and that year, Dukakis Dirksen: current level of benefits. The young and the elder Bush avoided discussing the A billion here, and a billion there, and people here who are pages will have savings and loan crisis both of them knew pretty soon you’re talking about real money. that burden right on their backs. was around the corner. The reason: There It is all real money—real taxpayer’s That’s why I believe the best course were no easy answers, just bad news and an expensive bailout in store. money. Congress and the President of action we can take is to use what- ever on-budget surplus we achieve to What we now confront is much, much big- have got to admit that we cannot fund ger than the savings and loan bailout. Its di- everything that we want. We have got pay down the national debt. mensions were outlined last week in a report to make hard choices with respect to For three decades, we borrowed from from the nonpartisan Congressional Budget spending if we are ever going to bring our children, mortgaging their future Office (CBO)—a report that did not make the our debt under control. for our present. And now, when times front page of any of the papers I read and The American people know that the are good and we have the most ideal that was ignored by most of the TV news spending Congress is engaged in right situation to set things right, we cannot shows. continue down the same flawed path as Here’s what it said: Assuming that the new now must be accounted for somewhere, president uses the expected surplus in Social because they know there is no such before. Have we learned nothing? Our current economic situation is Security of $2.4 trillion over the next 10 thing as a free lunch. They know that years to pay down the national debt, as Gore ultimately they are the ones paying for our second chance to pay our children and Bush say they will do, the government what I like to refer to as a Congres- what we owe and ensure fiscal solvency may be able to balance its books until about sional ‘‘feeding frenzy.’’ for future generations. We have an ob- 2020. They want us to make the hard deci- ligation to our children—indeed, a But then the retirement and health care sions and most of all, they want us to moral obligation—to pay down the na- costs of the huge baby boom generation and tional debt and rein-in our spending in the shrinkage in the number of Americans pay down the national debt. When I go working and paying taxes will once again home to Ohio my constituents say to order to give them back their competi- tive edge. If we do not act now, I fear create a serious imbalance—and push us me: Senator, we want you to pay down back into debt. the national debt. we will not get another chance to do In the estimate of the CBO, ‘‘If the na- On one other last note, Mr. Presi- the right thing. tion’s leaders do not change current policies dent—if you take the 9.3 percent in- EXHIBIT 1 to eliminate that imbalance, federal deficits crease in non-defense discretionary [From the Washington Post, Oct. 11, 2000] are likely to reappear and eventually drive spending from fiscal year 1999 to fiscal HEEDLESS OF THE DEFICITS AHEAD federal debt to unsustainable levels.’’ A (By David S. Broder) chart accompanying the report shows the year 2000, and the rate of increase pro- public debt in 2040 rising to 60 percent of the On the morning after last week’s vice pres- jected in the fiscal year 2001 budget, we estimated size of that year’s economy—cre- idential debate, Charles O. Jones, the Uni- are blowing a big hole in the CBO 10 ating a burden on the next generation of versity of Wisconsin political scientist and year projected budget surplus. Americans half again as large as the accu- scholar of the presidency, remarked that the The 10 year CBO budget surplus is mulated debt of the past is on us. nation had witnessed ‘‘a great civic event,’’ a As The Post’s Glenn Kessler noted in his predicated on a 2.7 percent increase in civil, substantive discussion of serious policy Federal spending over 10 years. news story, ‘‘The report underscores how matters between two highly competent pub- campaign rhetoric has become increasingly We must remember that the on-budg- lic officials, Joe Lieberman and Dick Che- et surplus also includes the Medicare separated from the budget reality that will ney. face the next president.’’ While Bush pushes In fact, Jones said, ‘‘we are having a good surplus, and if we are ever successful at his trillion-dollar tax cut and tries to keep election, something you don’t often get in passing Medicare ‘‘lock box’’ legisla- up with Gore’s promises of new prescription good times.’’ Contrast the contest being tion, those funds will be off the table drug benefits, 100,000 teachers and 50,000 waged by Al Gore and George W. Bush, he for spending. Consider also the Medi- cops, neither one is preparing the public for went on, with the last race conducted in a the steps that are needed to rein in runaway care giveback which we must have to healthy economy and at a time when no in- health care costs—the largest single force stabilize this country’s healthcare sys- cumbent president was on the ballot. tem which will also take part of the 10 That would be 1988, when the father of the driving us back into deficits. By 2040, according to the best available year budget surplus; a prescription current Republican nominee squared off, as data, the percentage of Americans over 65 vice president, against Massachusetts Gov. drug benefit that everyone agrees we will rise from 13 percent to almost 21 per- Michael Dukakis. If the winning campaign of must implement which will also take cent. The share of working-age Americans, 1988 is remembered at all, the enduring im- part of the 10 year budget surplus; we between 20 and 64, will decline by 3 points of ages are the flag factories the elder George slightly over 55 percent. The ratio of workers must spend more money to stabilize Bush visited in an implicit challenge to to retirees will drop from almost 5 to 1 down and improve our national defense Dukakis’s patriotism and the Willie Horton to less than 3 to 1. Unless we begin now to re- which will also take part of the 10 year ads his supporters aired. And the hapless organize our dysfunctional health care sys- budget surplus. Democratic effort was symbolized by tem and take steps to rationalize provisions If you add up all of the numbers, in- Dukakis’s tank ride and his lame, emotion- for retirement income, the demographic less answer to Bernard Shaw’s question cluding appropriations bills that have wave will sink us. about how he would respond if someone passed and those that are anticipated Someone has to force the candidates to to pass and include the projected $200 raped and murdered Kitty Dukakis. We’ve come a long way from that, with the confront that reality. billion worth of tax reductions for the four nominees for president and vice presi- I yield the floor and suggest the ab- next 10 years, as well as the additional dent arguing about such genuinely impor- sence of a quorum. interest costs generated by Congress’ tant topics as defense, education, Social Se- The PRESIDING OFFICER. The spending and reducing taxes, then Con- curity and health care. clerk will call the roll.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00107 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22148 CONGRESSIONAL RECORD—SENATE October 11, 2000 The legislative clerk proceeded to ment at the desk, and I ask for its im- As we approach adjournment for this call the roll. mediate consideration. Congress, let us look forward with Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. The great anticipation and excitement to unanimous consent that the order for clerk will report. our Nation’s 54th Presidential Inau- the quorum call be rescinded. The legislative clerk read as follows: guration and celebrate this remarkable The PRESIDING OFFICER. Without The Senator from Virginia [Mr. WARNER], American tradition in which the peace- objection, it is so ordered. for Mr. GRAMM, for himself and Mr. ENZI, ful transference of power takes place f proposes an amendment numbered 4305. with all our citizens as witnesses. In 1789, our Nation’s Father and first APPOINTMENT The amendment is as follows: President, George Washington, recited The PRESIDING OFFICER. The (Purpose: To provide for a simple one-year extension of the Export Administration the oath of office on the Balcony of Chair, on behalf of the Vice President, Act of 1979) Federal Hall in New York City. By 1801, in accordance with 22 U.S.C. 1928a– Strike all after the enacting clause and in- the seat of the U.S. Government had 1928d, as amended appoints the fol- sert in lieu thereof the following: moved from New York City, to Phila- lowing Senators as members of the Section 20 of the Export Administration delphia, and finally to Washington, Senate Delegation to the NATO Par- Act of 1979 (50 U.S.C. App. 2419) is amended D.C. liamentary Assembly during the Sec- by striking ‘‘August 20, 1994’’ and inserting On March 4, 1801, Thomas Jefferson ond Session of the 106th Congress, to be in lieu thereof ‘‘August 20, 2001’’. became the first President to be inau- held in Berlin, Germany, November 17– Mr. WARNER. Mr. President, I ask gurated at the U.S. Capitol in Wash- 22, 2000: The Senator from Iowa, Mr. unanimous consent that the amend- ington, D.C., in a room now known as GRASSLEY; the Senator from Arkansas, ment be agreed to, the bill, as amend- the ‘‘Old Supreme Court Chamber.’’ In Mr. HUTCHINSON; the Senator from ed, be read the third time and passed, 1829, Andrew Jackson became the first Maryland, Mr. SARBANES, and the Sen- the motion to reconsider be laid upon President to be inaugurated on the ator from Maryland, Ms. MIKULSKI. the table, and any statements relating East Front of the Capitol, where the f to the bill be printed in the RECORD. majority of swearing-in ceremonies NATIONAL MUSEUM OF THE The PRESIDING OFFICER. Without continued to take place until the late AMERICAN INDIAN COMMEMORA- objection, it is so ordered. twentieth century. It was not until TIVE COIN ACT OF 2000 The amendment (No. 4305) was agreed President Ronald Reagan’s inaugura- to. tion on January 20, 1981, that the Mr. WARNER. Mr. President, I ask The bill (H.R. 5239), as amended, was swearing-in ceremony moved to the unanimous consent that the Senate read the third time and passed. West Front of the Capitol where larger proceed to the consideration of H.R. f crowds could be accommodated. 4259, which is at the desk. Though below-freezing temperatures in The PRESIDING OFFICER. The PROVIDING FOR DISPOSITION AND 1985 forced the second Reagan inau- clerk will report the bill by title. ARCHIVING OF RECORDS OF gural ceremony inside to the Capitol The legislative clerk read as follows: JOINT CONGRESSIONAL COMMIT- Rotunda, the West Front set the stand- A bill (H.R. 4259) to require the Secretary TEES ON INAUGURAL CERE- ard for the next three Congressionally of the Treasury to mint coins in commemo- MONIES ration of the National Museum of the Amer- hosted ceremonies. The 2001 Presi- ican Indian of the Smithsonian Institution, Mr. WARNER. Mr. President, I ask dential inaugural ceremonies will con- and for other purposes. unanimous consent that the Senate tinue that tradition. There being no objection, the Senate proceed to the immediate consider- It is interesting to note that until proceeded to consider the bill. ation of S. Con. Res. 148, submitted 1901 the Presidential inaugural cere- Mr. WARNER. Mr. President, I ask earlier today by Senator MCCONNELL. monies were planned and conducted unanimous consent that the bill be The PRESIDING OFFICER. The solely by the Senate. A century later, read the third time and passed, the mo- clerk will report the concurrent resolu- the Joint Congressional Committee on tion to reconsider be laid upon the tion by title. Inaugural Ceremonies brings together table, and any statements relating to The legislative clerk read as follows: the Senate and the House of Represent- the bill be printed in the RECORD. A concurrent resolution (S. Con. Res. 148) atives in welcoming America’s Presi- The PRESIDING OFFICER. Without to provide for the disposition and archiving dent-elect to the Capitol for the public objection, it is so ordered. of the records, files, documents, and other swearing-in ceremony. The bill (H.R. 4259) was read the third materials of Joint Congressional Commit- Upon undertaking this endeavor, it time and passed. tees on inaugural ceremonies. became apparent that steps needed to There being no objection, the Senate f be taken to direct that the important proceeded to consider the concurrent historic materials generated by the EXPORT ADMINISTRATION MODI- resolution. JCCIC were preserved. For a com- FICATION AND CLARIFICATION Mr. MCCONNELL. Mr. President, ear- mittee reconstituted every four years, ACT OF 2000 lier this year the Joint Congressional these documents are critical tools for Mr. WARNER. Mr. President, I ask Committee on Inaugural Ceremonies conducting this massive quadrennial unanimous consent that the Banking held an organizational meeting to offi- event. To ensure these materials are Committee be discharged from further cially begin preparations for the next preserved in an appropriate manner, I consideration of H.R. 5239 and the Sen- Presidential Inauguration hosted by am introducing a resolution to estab- ate then proceed to its immediate con- Congress to be held on Saturday, Janu- lish the procedures for archiving the sideration. ary 20, 2001. records of the Joint Congressional The PRESIDING OFFICER. Without Next year marks more historic mile- Committee on Inaugural Ceremonies. objection, it is so ordered. The clerk stones as it will be the 200th anniver- Mr. President, I ask unanimous con- will report the bill by title. sary of the first Presidential Inaugura- sent that a press release which docu- The legislative clerk read as follows: tion in our Nation’s Capital, the first ments the May 24 organizational meet- A bill (H.R. 5239) to provide for increased Presidential Inauguration of the 21st ing of the Joint Congressional Com- penalties for violations of the Export Admin- Century, and, not least of all, the first mittee on Inaugural Ceremonies and istration Act of 1979, and for other purposes. inauguration of the new millennium. the text of Senate Concurrent Resolu- There being no objection, the Senate 2001 also marks the 100th birthday of tions 89 and 90 be printed in the proceeded to consider the bill. the Joint Congressional Committee on RECORD. AMENDMENT NO. 4305 Inaugural Ceremonies, an entity which There being no objection, the mate- Mr. WARNER. Mr. President, Sen- I am greatly honored to serve as Chair- rial was ordered to be printed in the ators GRAMM and ENZI have an amend- man. RECORD, as follows:

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00108 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22149 U.S. SENATOR MITCH MCCONNELL NAMED table, and any statements relating to Whereas, on August 30 and 31 of 1980, the CHAIRMAN OF THE JOINT CONGRESSIONAL the concurrent resolution be printed in communist government of the People’s Re- COMMITTEE ON INAUGURAL CEREMONIES the RECORD. public of Poland yielded to the 21 demands of WASHINGTON, DC.—U.S. Senator Mitch The PRESIDING OFFICER. Without the striking workers, including the release of McConnell (R–KY), Chairman of the Senate objection, it is so ordered. all political prisoners, including Jacek Committee on Rules and Administration, Kuron and Adam Michnik, the broadcasting The concurrent resolution (S. Con. of religious services on television and radio, today was appointed Chairman of the Joint Res. 148) was agreed to, as follows: Congressional Committee on Inaugural Cere- and the right to establish independent trade monies. S. CON. RES. 148 unions; Joining McConnell on the committee are Resolved by the Senate (the House of Rep- Whereas from these agreements emerged Majority Leader Trent Lott (R–MS), Senator resentatives concurring), Solidarnos´c´, the first independent trade Christopher Dodd (D–CT), Speaker of the SECTION 1. RECORDS OF EACH JOINT CONGRES- union in the communist bloc, led by Lech House J. Dennis Hastert (R–IL), House Ma- SIONAL COMMITTEE ON INAUGURAL Walesa, an electrician from Gdansk; jority Leader Richard Armey (R–TX) and CEREMONIES. Whereas Solidarnos´c´ and its 10,000,000 House Minority Leader Richard Gephardt (a) IN GENERAL.—Upon the conclusion of members became a great social movement in (D–MO). the business of a joint congressional com- Poland that was committed to promoting The members met today and appointed mittee on Presidential inaugural ceremonies fundamental human rights, democracy, and McConnell as the Chairman of the Joint Con- and the closing out of its affairs, all records, Polish independence; gressional Committee, approved the commit- files, documents, and other materials in the Whereas, during its first congress in 1981, tee’s budget and selected the West Front of possession, custody, or control of the joint Solidarnos´c´ issued a proclamation urging the Capitol for the location of the ceremony. committee shall be transferred subject to— workers in Soviet-bloc countries to resist McConnell is the third Kentuckian to Chair (1) such terms and conditions relating to their communist governments and to strug- the Congressional Committee since it was access and use of such materials as the Com- gle for freedom and democracy; formed in 1901. mittee on Rules and Administration of the Whereas the communist government of Po- ‘‘I am truly honored to have been selected Senate shall prescribe; and land introduced martial law in December as Chairman of this Congressional Inaugural (2) the provisions of Senate Resolution 474 1981 in an attempt to block the growing po- Committee,’’ said McConnell. ‘‘I look for- (96th Congress, 2d Session). litical and social influence of the ward to the extraordinary privilege of plan- (b) PRIOR RECORDS.—The records, files, Solidarnos´c´ movement; ning the first Presidential Inauguration of documents, and other materials of any joint Whereas Solidarnos´c´ remained a powerful the 21st century.’’ congressional committee on Presidential in- and political force that resisted the efforts of The JCCIC is charged with the planning augural ceremonies in the custody of the Poland’s communist government to suppress and execution of the Inaugural activities at Senate on the date of adoption of this resolu- the desire of the Polish people for freedom, the Capitol: the swearing-in ceremony and tion shall be shall be transferred subject to— democracy, and independence from the So- the traditional luncheon which follows. (1) such terms and conditions relating to viet Union; The Presidential Inauguration will be held access and use of such materials as the Com- Whereas, in February ø1999¿ 1989, the com- Saturday, January 20, 2001. mittee on Rules and Administration of the munist government of Poland agreed to con- Senate shall prescribe; and duct roundtable talks with Solidarnos´c´ that S. CON. RES. 89 (2) the provisions of Senate Resolution 474 led to elections to the National Assembly in Resolved by the Senate (the House of Rep- (96th Congress, 2d Session). June of that year, in which nearly all open resentatives concurring), f seats were won by candidates supported by SECTION 1. ESTABLISHMENT OF JOINT COM- Solidarnos´c´; MITTEE. COMMEMORATING THE 20TH ANNI- Whereas, on August 19, ø1999¿ 1989, Soli- There is established a Joint Congressional VERSARY OF THE WORKERS’ darity leader Tadeusz Mazowiecki was asked Committee on Inaugural Ceremonies (in this STRIKES IN POLAND to serve as Prime Minister of Poland and on resolution referred to as the ‘‘joint com- Mr. WARNER. Mr. President, I ask September 12, ø1999¿ 1989, the Polish Sejm mittee’’) consisting of 3 Senators and 3 Rep- unanimous consent that the Senate voted to approve Prime Minister Mazowiecki and his cabinet, Poland’s first noncommu- resentatives, to be appointed by the Presi- now proceed to the immediate consid- dent of the Senate and the Speaker of the nist government in 4 decades; House of Representatives, respectively. The eration of Calendar No. 727, S. Con. Whereas, on December 9, 1990, Lech Walesa joint committee is authorized to make the Res. 131. was elected President of Poland; necessary arrangements for the inauguration The PRESIDING OFFICER. The Whereas the Solidarnos´c´ movement, by its of the President-elect and Vice President- clerk will report the concurrent resolu- courage and example, initiated political elect of the United States on January 20, tion by title. transformations in other countries in Cen- 2001. The legislative clerk read as follows: tral and Eastern Europe and thereby initi- SEC. 2. SUPPORT OF THE JOINT COMMITTEE. A bill (S. Con. Res. 131) commemorating ated the collapse of the Soviet Bloc in 1989; The joint committee— the 20th anniversary of the workers’ strikes and (1) is authorized to utilize appropriate in Poland that led to the creation of the Whereas, since the time Poland freed itself equipment and the services of appropriate independent trade union Solidarnosc, and for from communist domination, Polish-Amer- personnel of departments and agencies of the other purposes. ican relations have transformed from part- nership to alliance, a transition marked by Federal Government, under arrangements There being no objection, the Senate between the joint committee and the heads Poland’s historic accession to the North At- of those departments and agencies, in con- proceeded to consider the concurrent lantic Treaty Organization in March 1999: nection with the inaugural proceedings and resolution, which had been reported Now, therefore, be it ceremonies; and from the Committee on Foreign Rela- Resolved by the Senate (the House of Rep- (2) may accept gifts and donations of goods tions, with an amendment, amend- resentatives concurring), That Congress— and services to carry out its responsibilities. ments to the preamble, and an amend- (1) commemorates the 20th anniversary of the workers’ strikes in Poland that ølead¿ ment to the title. S. CON. RES. 90 led to the creation of the independent trade (Omit the part in bold face brackets union Solidarnos´c´; and Resolved by the Senate (the House of Rep- and insert the part printed in italic.) (2) honors the leaders of Poland who risked resentatives concurring), S. CON. RES. 131 and lost their lives in attempting to restore SECTION 1. USE OF THE ROTUNDA OF THE CAP- democracy in their country and to return ITOL. Whereas, in July and August of 1980, Polish workers went on strike to protest com- Poland to the democratic community of na- The rotunda of the United states Capitol is tions. munist oppression and demand greater polit- authorized to be used on January 20, 2001, by Amend the title to read as follows: ‘‘Con- ical freedom; the Joint Congressional Committee on Inau- current resolution commemorating the 20th gural Ceremonies in connection with the pro- Whereas, in the shipyards of Gdansk and anniversary of the workers’ strikes in Po- ceedings and ceremonies conducted for the Szczecin, workers’ committees coordinated land that led to the creation of the inde- inauguration of the President-elect and the these strikes and ensured that the strikes pendent trade union Solidarnos´c´, and for Vice President-elect of the United States. were peaceful and orderly and did not pro- other purposes.’’. mote acts of violence; Mr. WARNER. Mr. President, I ask Whereas workers’ protests against the Mr. WARNER. Mr. President, I ask unanimous consent that the concur- communist authorities in Poland were sup- unanimous consent that the amend- rent resolution be agreed to, the mo- ported by the Polish people and the inter- ment to the resolution be agreed to, tion to reconsider be laid upon the national community of democracies; and the resolution, as amended, be

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00109 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22150 CONGRESSIONAL RECORD—SENATE October 11, 2000 agreed to, the amendments to the pre- Whereas, on December 9, 1990, Lech Walesa (2) In December 1927, the Pueblo Lands amble be agreed to, and the preamble, was elected President of Poland; Board, acting pursuant to the Pueblo Lands as amended, be agreed to, the motion Whereas the Solidarnos´c´ movement, by its Act of 1924 (43 Stat. 636) confirmed a survey to reconsider be laid upon the table, courage and example, initiated political of the boundaries of the Pueblo of Santo Do- transformations in other countries in Cen- mingo Grant. However, at the same time the the amendment to the title be agreed tral and Eastern Europe and thereby initi- Board purported to extinguish Indian title to to, and any statements relating to this ated the collapse of the Soviet Bloc in 1989; approximately 27,000 acres of lands within resolution be printed in the RECORD. and those grant boundaries which lay within 3 The PRESIDING OFFICER. Without Whereas, since the time Poland freed itself other overlapping Spanish land grants. The objection, it is so ordered. from communist domination, Polish-Amer- United States Court of Appeals in United The amendment to the resolution ican relations have transformed from part- States v. Thompson (941 F.2d 1074 (10th Cir. 1991), cert. denied 503 U.S. 984 (1992)), held was agreed to. nership to alliance, a transition marked by Poland’s historic accession to the North At- that the Board ‘‘ignored an express congres- The resolution (S. Con. Res. 131), as lantic Treaty Organization in March 1999: sional directive’’ in section 14 of the Pueblo amended, was agreed to. Now, therefore, be it Lands Act, which ‘‘contemplated that the The amendments to the preamble Resolved by the Senate (the House of Rep- Pueblo would retain title to and possession were agreed to. resentatives concurring), That Congress— of all overlap land’’. The preamble, as amended, was (1) commemorates the 20th anniversary of (3) The Pueblo of Santo Domingo has as- agreed to. the workers’ strikes in Poland that led to serted a claim to another 25,000 acres of land based on the Pueblo’s purchase in 1748 of the The resolution, as amended, with its the creation of the independent trade union ´ ´ Diego Gallegos Grant. The Pueblo possesses preamble, as amended, reads as follows: Solidarnosc; and (2) honors the leaders of Poland who risked the original deed reflecting the purchase S. CON. RES. 131 and lost their lives in attempting to restore under Spanish law but, after the United Whereas, in July and August of 1980, Polish democracy in their country and to return States assumed sovereignty over New Mex- workers went on strike to protest com- Poland to the democratic community of na- ico, no action was taken to confirm the munist oppression and demand greater polit- tions. Pueblo’s title to these lands. Later, many of ical freedom; these lands were treated as public domain, The title was amended so as to read: and are held today by Federal agencies, the Whereas, in the shipyards of Gdansk and ‘‘Concurrent resolution commemo- Szczecin, workers’ committees coordinated State Land Commission, other Indian tribes, these strikes and ensured that the strikes rating the 20th anniversary of the and private parties. The Pueblo’s lawsuit as- were peaceful and orderly and did not pro- workers’ strikes in Poland that led to serting this claim, Pueblo of Santo Domingo mote acts of violence; the creation of the independent trade v. Rael (Civil No. 83–1888 (D.N.M.)), is still Whereas workers’ protests against the union Solidarnosc, and for other pur- pending. communist authorities in Poland were sup- poses.’’ (4) The Pueblo of Santo Domingo’s claims ported by the Polish people and the inter- against the United States in docket No. 355 national community of democracies; f under the Act of August 13, 1946 (60 Stat. 1049; commonly referred to as the Indian Whereas, on August 30 and 31 of 1980, the SANTO DOMINGO PUEBLO CLAIMS Claims Commission Act) have been pending communist government of the People’s Re- SETTLEMENT ACT OF 2000 since 1951. These claims include allegations public of Poland yielded to the 21 demands of of the Federal misappropriation and mis- the striking workers, including the release of Mr. WARNER. Mr. President, I ask management of the Pueblo’s aboriginal and all political prisoners, including Jacek unanimous consent that the Energy Spanish grant lands. Kuron and Adam Michnik, the broadcasting Committee be discharged from further (5) Litigation to resolve the land and tres- of religious services on television and radio, consideration of S. 2917, and the Senate pass claims of the Pueblo of Santo Domingo and the right to establish independent trade then proceed to its immediate consid- would take many years, and the outcome of unions; eration. such litigation is unclear. The pendency of Whereas from these agreements emerged these claims has clouded private land titles ´ ´ The PRESIDING OFFICER. Without Solidarnosc, the first independent trade and has created difficulties in the manage- union in the communist bloc, led by Lech objection, it is so ordered. The clerk will report the bill by title. ment of public lands within the claim area. Walesa, an electrician from Gdansk; (6) The United States and the Pueblo of ´ ´ Whereas Solidarnosc and its 10,000,000 The legislative clerk read as follows: Santo Domingo have negotiated a settlement members became a great social movement in A bill (S. 2917) to settle the land claims of to resolve all existing land claims, including Poland that was committed to promoting the Pueblo of Santo Domingo. the claims described in paragraphs (2) fundamental human rights, democracy, and through (4). Polish independence; There being no objection, the Senate proceeded to consider the bill. (b) PURPOSE.—It is the purpose of this Whereas, during its first congress in 1981, Act— Solidarnos´c´ issued a proclamation urging Mr. WARNER. I ask unanimous con- (1) to remove the cloud on titles to land in workers in Soviet-bloc countries to resist sent that the bill be read a third time the State of New Mexico resulting from the their communist governments and to strug- and passed, the motion to reconsider be claims of the Pueblo of Santo Domingo, and gle for freedom and democracy; laid upon the table, and that any state- to settle all of the Pueblo’s claims against Whereas the communist government of Po- ments relating to the bill be printed in the United States and third parties, and the land introduced martial law in December the RECORD. land, boundary, and trespass claims of the 1981 in an attempt to block the growing po- The PRESIDING OFFICER. Without Pueblo in a fair, equitable, and final manner; litical and social influence of the (2) to provide for the restoration of certain Solidarnos´c´ movement; objection, it is so ordered. lands to the Pueblo of Santo Domingo and to Whereas Solidarnos´c´ remained a powerful The bill (S. 2917) was read the third confirm the Pueblo’s boundaries; and political force that resisted the efforts of time and passed, as follows: (3) to clarify governmental jurisdiction Poland’s communist government to suppress S. 2917 over the lands within the Pueblo’s land the desire of the Polish people for freedom, claim area; and Be it enacted by the Senate and House of Rep- democracy, and independence from the So- (4) to ratify a Settlement Agreement be- resentatives of the United States of America in viet Union; tween the United States and the Pueblo Congress assembled, Whereas, in February 1989, the communist which includes— government of Poland agreed to conduct SECTION 1. SHORT TITLE. (A) the Pueblo’s agreement to relinquish roundtable talks with Solidarnos´c´ that led This Act may be cited as the ‘‘Santo Do- and compromise its land and trespass claims; to elections to the National Assembly in mingo Pueblo Claims Settlement Act of (B) the provision of $8,000,000 to com- June of that year, in which nearly all open 2000’’. pensate the Pueblo for the claims it has pur- seats were won by candidates supported by SEC. 2. FINDINGS AND PURPOSES. sued pursuant to the Act of August 13, 1946 Solidarnos´c´; (a) FINDINGS.—Congress makes the fol- (60 Stat. 1049; commonly referred to as the Whereas, on August 19, 1989, Solidarity lowing findings: Indian Claims Commission Act); leader Tadeusz Mazowiecki was asked to (1) For many years the Pueblo of Santo Do- (C) the transfer of approximately 4,577 serve as Prime Minister of Poland and on mingo has been asserting claims to lands acres of public land to the Pueblo; September 12, 1989, the Polish Sejm voted to within its aboriginal use area in north cen- (D) the sale of approximately 7,355 acres of approve Prime Minister Mazowiecki and his tral New Mexico. These claims have been the national forest lands to the Pueblo; and cabinet, Poland’s first noncommunist gov- subject of many lawsuits, and a number of (E) the authorization of the appropriation ernment in 4 decades; these claims remain unresolved. of $15,000,000 over 3 consecutive years which

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00110 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22151 would be deposited in a Santo Domingo all claims for damages or other judicial re- suant to the Act of June 24, 1938 (25 U.S.C. Lands Claims Settlement Fund for expendi- lief or for administrative remedies per- 162a). ture by the Pueblo for land acquisition and taining in any way to the Pueblo’s land, such (B) Subject to the provisions of paragraph other enumerated tribal purposes. as boundary and trespass claims. (3), monies deposited into the Fund may be (c) RULE OF CONSTRUCTION.—Nothing in (iii) All claims listed on pages 13894–13895 expended by the Pueblo to acquire lands this Act shall be construed to effectuate an of volume 48 of the Federal Register, pub- within the exterior boundaries of the exclu- extinguishment of, or to otherwise impair, lished on March 31, 1983, except for claims sive aboriginal occupancy area of the Pueb- the Pueblo’s title to or interest in lands or numbered 002 and 004. lo, as described in the Findings of Fact of the water rights as described in section 5(a)(2). (2) RULE OF CONSTRUCTION.—Nothing in this Indian Claims Commission, dated May 9, SEC. 3. DEFINITIONS. Act (including paragraph (1)) shall be con- 1973, and for use for education, economic de- In this Act: strued— velopment, youth and elderly programs, or (1) FEDERALLY ADMINISTERED LANDS.—The (A) to in any way effectuate an extinguish- for other tribal purposes in accordance with term ‘‘federally administered lands’’ means ment of or otherwise impair— plans and budgets developed and approved by lands, waters, or interests therein, adminis- (i) the Pueblo’s title to lands acquired by the Tribal Council of the Pueblo and ap- tered by Federal agencies, except for the or for the benefit of the Pueblo since Decem- proved by the Secretary. lands, waters, or interests therein that are ber 28, 1927, or in a tract of land of approxi- (C) If the Pueblo withdraws monies from owned by, or for the benefit of, Indian tribes mately 150.14 acres known as the ‘‘sliver the Fund, neither the Secretary nor the Sec- or individual Indians. area’’ and described on a plat which is appen- retary of the Treasury shall retain any over- (2) FUND.—The term ‘‘Fund’’ means the dix H to the Settlement Agreement; sight over or liability for the accounting, Pueblo of Santo Domingo Land Claims Set- (ii) the Pueblo’s title to land within the disbursement, or investment of such with- tlement Fund established under section Santo Domingo Pueblo Grant which the drawn monies. 5(b)(1). Pueblo Lands Board found not to have been (D) No portion of the monies described in (3) PUEBLO.—The term ‘‘Pueblo’’ means the extinguished; or subparagraph (C) may be paid to Pueblo Pueblo of Santo Domingo. (iii) the Pueblo’s water rights appurtenant members on a per capita basis. (4) SANTO DOMINGO PUEBLO GRANT.—The to the lands described in clauses (i) and (ii); (E) The acquisition of lands with monies term ‘‘Santo Domingo Pueblo Grant’’ means and from the Fund shall be on a willing-seller, all of the lands within the 1907 Hall-Joy Sur- (B) to expand, reduce, or otherwise impair willing-buyer basis, and no eminent domain vey, as confirmed by the Pueblo Lands Board any rights which the Pueblo or its members authority may be exercised for purposes of in 1927. may have under existing Federal statutes acquiring lands for the benefit of the Pueblo (5) SECRETARY.—The term ‘‘Secretary’’ concerning religious and cultural access to pursuant to this Act. means the Secretary of the Interior unless and uses of the public lands. (F) The provisions of Public Law 93–134, expressly stated otherwise. (3) CONFIRMATION OF DETERMINATION.—The governing the distribution of Indian claims Pueblo Lands Board’s determination on page (6) SETTLEMENT AGREEMENT.—The term judgment funds, and the plan approval re- ‘‘Settlement Agreement’’ means the Settle- 1 of its Report of December 28, 1927, that quirements of section 203 of Public Law 103– ment Agreement dated May 26, 2000, between Santo Domingo Pueblo title, derived from 412 shall not be applicable to the Fund. the Santo Domingo Pueblo Grant to the the Departments of the Interior, Agri- (2) AUTHORIZATION OF APPROPRIATIONS.— lands overlapped by the La Majada, Sitio de culture, and Justice and the Pueblo of Santo There are authorized to be appropriated Juana Lopez and Mesita de Juana Lopez Domingo to Resolve All of the Pueblo’s Land $15,000,000 for deposit into the Fund, in ac- Grants has been extinguished is hereby con- Title and Trespass Claims. cordance with the following schedule: firmed as of the date of that Report. SEC. 4. RATIFICATION OF SETTLEMENT AGREE- (A) $5,000,000 to be deposited in the fiscal (4) TRANSFERS PRIOR TO ENACTMENT.— MENT. year which commences on October 1, 2001. (A) IN GENERAL.—In accordance with the The Settlement Agreement is hereby ap- (B) $5,000,000 to be deposited in the next fis- Settlement Agreement, any transfer of land proved and ratified. cal year. or natural resources, prior to the date of en- SEC. 5. RESOLUTION OF DISPUTES AND CLAIMS. (C) The balance of the funds to be depos- actment of this Act, located anywhere with- (a) RELINQUISHMENT, EXTINGUISHMENT, AND in the United States from, by, or on behalf of ited in the third consecutive fiscal year. COMPROMISE OF SANTO DOMINGO CLAIMS.— the Pueblo, or any of the Pueblo’s members, (3) LIMITATION ON DISBURSAL.—Amounts au- (1) EXTINGUISHMENT.— shall be deemed to have been made in ac- thorized to be appropriated to the Fund (A) IN GENERAL.—Subject to paragraph (2), cordance with the Act of June 30, 1834 (4 under paragraph (2) shall not be disbursed in consideration of the benefits provided Stat. 729; commonly referred to as the Trade until the following conditions are met: under this Act, and in accordance with the and Intercourse Act), section 17 of the Act of (A) The case of Pueblo of Santo Domingo v. Settlement Agreement pursuant to which June 7, 1924 (43 Stat. 641; commonly referred Rael (No. CIV–83–1888) in the United States the Pueblo has agreed to relinquish and com- to as the Pueblo Lands Act), and any other District Court for the District of New Mex- promise certain claims, the Pueblo’s land provision of Federal law that specifically ap- ico, has been dismissed with prejudice. and trespass claims described in subpara- plies to transfers of land or natural resources (B) A compromise final judgment in the graph (B) are hereby extinguished, effective from, by, or on behalf of an Indian tribe, and amount of $8,000,000 in the case of Pueblo of as of the date specified in paragraph (5). such transfers shall be deemed to be ratified Santo Domingo v. United States (Indian (B) CLAIMS.—The claims described in this effective as of the date of the transfer. Claims Commission docket No. 355) in a form subparagraph are the following: (B) RULE OF CONSTRUCTION.—Nothing in and manner acceptable to the Attorney Gen- (i) With respect to the Pueblo’s claims subparagraph (A) shall be construed to affect eral, has been entered in the United States against the United States, its agencies, offi- or eliminate the personal claim of any indi- Court of Federal Claims in accordance with cers, and instrumentalities, all claims to vidual Indian which is pursued under any law subsection (a)(5). land, whether based on aboriginal or recog- of general applicability that protects non-In- (4) DEPOSITS.—Funds awarded to the Pueb- nized title, and all claims for damages or dians as well as Indians. lo consistent with subsection (c)(2) in docket other judicial relief or for administrative (5) EFFECTIVE DATE.—The provisions of No. 355 of the Indian Claims Commission remedies pertaining in any way to the Pueb- paragraphs (1), (3), and (4) shall take effect shall be deposited into the Fund. lo’s land, such as boundary, trespass, and upon the entry of a compromise final judg- (c) ACTIVITIES UPON COMPROMISE.—On the mismanagement claims, including any claim ment, in a form and manner acceptable to date of the entry of the final compromise related to— the Attorney General, in the amount of judgment in the case of Pueblo of Santo Do- (I) any federally administered lands, in- $8,000,000 in the case of Pueblo of Santo Do- mingo v. United States (Indian Claims Com- cluding National Forest System lands des- mingo v. United States (Indian Claims Com- mission docket No. 355) in the United States ignated in the Settlement Agreement for mission docket No. 355). The judgment so en- Court of Federal Claims, and the dismissal possible sale or exchange to the Pueblo; tered shall be paid from funds appropriated with prejudice of the case of Pueblo of Santo (II) any lands owned or held for the benefit pursuant to section 1304 of title 31, United Domingo v. Rael (No. CIV–83–1888) in the of any Indian tribe other than the Pueblo; States Code. United States District Court for the District and (b) TRUST FUNDS; AUTHORIZATION OF AP- of New Mexico, whichever occurs later— (III) all claims which were, or could have PROPRIATIONS.— (1) the public lands administered by the been brought against the United States in (1) ESTABLISHMENT.—There is hereby estab- Bureau of Land Management and described docket No. 355, pending in the United States lished in the Treasury a trust fund to be in section 6 of the Settlement Agreement, Court of Federal Claims. known as the ‘‘Pueblo of Santo Domingo and consisting of approximately 4,577.10 (ii) With respect to the Pueblo’s claims Land Claims Settlement Fund’’. Funds de- acres of land, shall thereafter be held by the against persons, the State of New Mexico posited in the Fund shall be subject to the United States in trust for the benefit of the and its subdivisions, and Indian tribes other following conditions: Pueblo, subject to valid existing rights and than the Pueblo, all claims to land, whether (A) The Fund shall be maintained and in- rights of public and private access, as pro- based on aboriginal or recognized title, and vested by the Secretary of the Interior pur- vided for in the Settlement Agreement;

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00111 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.003 S11OC0 22152 CONGRESSIONAL RECORD—SENATE October 11, 2000 (2) the Secretary of Agriculture is author- (2) affect actions taken prior to the date of checked, both the General Accounting ized to sell and convey National Forest Sys- enactment of this Act to manage federally Office and the Office of Inspector Gen- tem lands and the Pueblo shall have the ex- administered lands within the boundaries of eral at the Department of Health and clusive right to acquire these lands as pro- the Santo Domingo Pueblo Grant. Human Services agree that we face a vided for in section 7 of the Settlement f situation that fundamentally under- Agreement, and the funds received by the mines the fiscal integrity of the Med- Secretary of Agriculture for such sales shall MEASURE READ THE FIRST icaid program and circumvents the tra- be deposited in the fund established under TIME—S. 3187 the Act of December 4, 1967 (16 U.S.C. 484a) ditional partnership of financial re- and shall be available to purchase non-Fed- Mr. WARNER. Mr. President, I un- sponsibility shared between the federal eral lands within or adjacent to the National derstand that S. 3187 is at the desk, and and state governments. Forests in the State of New Mexico; I ask for its first reading. I have been advised that what states (3) lands conveyed by the Secretary of Ag- The PRESIDING OFFICER. The are doing through upper payment lim- riculture pursuant to this section shall no clerk will report the bill by title. its is technically not illegal. The states longer be considered part of the National The legislative clerk read as follows: are taking advantage of a loophole in Forest System and upon any conveyance of National Forest lands, the boundaries of the A bill (S. 3187) to require the Secretary of HCFA regulations. It is time to close Santa Fe National Forest shall be deemed Health and Human Services to apply aggre- that loophole fully. modified to exclude such lands; gate upper payment limits to non-State pub- We must act because nearly 40 mil- (4) until the National Forest lands are con- licly owned or operated facilities under the lion of the neediest Americans rely on veyed to the Pueblo pursuant to this section, medicaid program. Medicaid for needed health care serv- or until the Pueblo’s right to purchase such Mr. WARNER. Mr. President, I now ices. It is nothing short of a safety net. lands expires pursuant to section 7 of the ask for its second reading and object to The program must not be undermined Settlement Agreement, such lands are with- my own request. and weakened by clever consultants drawn, subject to valid existing rights, from The PRESIDING OFFICER. Objec- and state budgeters. What looks like any new public use or entry under any Fed- loopholes to some are holes in Med- eral land law, except for permits not to ex- tion is heard. ceed 1 year, and shall not be identified for Mr. ROTH. Mr. President, over the icaid safety net for 40 million Ameri- any disposition by or for any agency, and no past several months, the Finance Com- cans. mineral production or harvest of forest prod- mittee has been focusing its oversight Several months ago, I began working ucts shall be permitted, except that nothing attention on an urgent problem in the with the Administration to respond to in this subsection shall preclude forest man- Medicaid program related to the use of this scandal. We must stop it in its agement practices on such lands, including upper payment limits to exploit federal tracks—while of course at the same the harvest of timber in the event of fire, Medicaid spending. The Health Care Fi- time working thoughtfully and care- disease, or insect infestation; and fully with those states that have be- (5) once the Pueblo has acquired title to nancing Administration, HCFA, had as- sured me that it would solve the prob- come dependent on the revenues gen- the former National Forest System lands, erated through the use of upper pay- these lands may be conveyed by the Pueblo lem. It has not. to the Secretary of the Interior who shall ac- Instead, last week HCFA released a ment limits to help them transition to cept and hold such lands in the name of the notice of proposed rulemaking that a more sustainable payment relation- United States in trust for the benefit of the sanctions the de facto abuse of this vi- ship between the state and federal gov- Pueblo. tally important program—a program ernment. SEC. 6. AFFIRMATION OF ACCURATE BOUND- that provides health care coverage to Finally, last week, after repeated ARIES OF SANTO DOMINGO PUEBLO delays, this Administration released its 40 million low-income pregnant GRANT. notice of proposed rulemaking—in a (a) IN GENERAL.—The boundaries of the women, children, individuals with dis- form much weaker than it originally Santo Domingo Pueblo Grant, as determined abilities, and senior citizens. This Ad- intended when I first started working by the 1907 Hall-Joy Survey, confirmed in ministration has failed to live up to its with HCFA on this problem last spring. the Report of the Pueblo Lands Board, dated responsibility to protect the financial The proposed regulation is inadequate. December 28, 1927, are hereby declared to be integrity of the Medicaid program. Ac- the current boundaries of the Grant and any Instead of stopping a burgeoning Med- cordingly, I am introducing legislation lands currently owned by or on behalf of the icaid spending scandal, the proposed today to do the right thing and stop Pueblo within such boundaries, or any lands regulation looks the other way and tol- the draining of potentially tens of bil- hereinafter acquired by the Pueblo within erates the abuse of the program. the Grant in fee simple absolute, shall be lions of dollars from this program for The proposed regulation permits fa- considered to be Indian country within the our most vulnerable citizens. meaning of section 1151 of title 18, United cilities to be reimbursed for providing The problem confronting the pro- services at a rate one and a half times States Code. gram is a complicated one. Through (b) LIMITATION.—Any lands or interests in that Medicare would have paid for a lands within the Santo Domingo Pueblo the inappropriate use of aggregated given service. Then states are free to Grant, that are not owned or acquired by the upper payment limits, some states pocket the difference between the pay- Pueblo, shall not be treated as Indian coun- have been using the Medicaid program ment level and the often much lower try within the meaning of section 1151 of inappropriately, including for purposes Medicaid payment rates through inter- title 18, United States Code. such as filling in holes in state budg- governmental transfers. Not only does (c) ACQUISITION OF FEDERAL LANDS.—Any ets. This has turned a program in- Federal lands acquired by the Pueblo pursu- the regulation allow those who are ex- ant to section 5(c)(1) shall be held in trust by tended to provide health insurance cov- ploiting the program to continue to do the Secretary for the benefit of the Pueblo, erage to vulnerable populations into a so, it also invites all others to come in and shall be treated as Indian country within bank account for state projects having and help themselves. The regulation the meaning of section 1151 of title 18, United nothing to do with health care. permits the scam to continue while States Code. In fact, as I examine the current situ- only modestly attempting to contain (d) LAND SUBJECT TO PROVISIONS.—Any ation I am vividly reminded of the lands acquired by the Pueblo pursuant to its magnitude. section 5(c), or with funds subject to section Medicaid spending scandals we con- Simply containing wasteful spending 5(b), shall be subject to the provisions of sec- fronted 10 years ago when dispropor- is not sufficient. The American tax- tion 17 of the Act of June 7, 1924 (43 Stat. 641; tionate share hospital program dollars payer who pays the bills should not commonly referred to as the Pueblo Lands were used to build roads, bridges and stand for it, nor should the bene- Act). highways. Let me be very clear—this ficiaries who depend on the program. In (e) RULE OF CONSTRUCTION.—Nothing in cannot be permitted to continue with- fact, the Center on Budget and Policy this Act or in the Settlement Agreement out endangering the program. shall be construed to— Priorities, whose advocacy on social (1) cloud title to federally administered The use of this complicated account- policy issues is well-known, agrees that lands or non-Indian or other Indian lands, ing mechanism may seem dry and tech- the scam must be shut down or the with regard to claims of title which are ex- nical—but let me assure you that the long-term health of the program will tinguished pursuant to section 5; or consequences are enormous. If un- be jeopardized.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00112 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.004 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22153 Not only does the proposed regula- House of Representatives, in the enrollment (3) may provide a lease option to the tion fail to protect the financial integ- of the bill (H.R. 3244) to combat trafficking United States, to be exercised at the discre- rity of the Medicaid program, it also of persons, especially into the sex trade, tion of the Administrator, to occupy any has a very low probability of ever being slavery, and slavery-like conditions, in the general purpose office space in a facility cov- United States and countries around the ered under the agreement; implemented. There is virtually no world through prevention, through prosecu- (4) shall not require, unless specifically de- chance this Administration will be able tion and enforcement against traffickers, termined otherwise by the Administrator, to finalize the proposed regulation be- and through protection and assistance to Federal ownership of a facility covered under fore it leaves office in January. Until victims of trafficking, shall make the fol- the agreement after the expiration of any the regulation is finalized, nothing lowing correction. lease of the facility to the United States; changes. No abuser state has to modify (1) In section 2002(a)(2)(A)(ii), strike ‘‘June (5) shall describe the consideration, duties, its behavior one bit, and more and 7, 1999,’’ and insert ‘‘December 13, 1999.’’. and responsibilities for which the United more states will be under pressure to f States and the private entity are respon- sible; take advantage of the windfall their SOUTHEAST FEDERAL CENTER (6) shall provide— neighbor states are enjoying. If any- PUBLIC-PRIVATE DEVELOPMENT (A) that the United States will not be lia- thing, the White House action may ACT OF 2000 ble for any action, debt, or liability of any spur greater abuse in the Medicaid pro- Mr. WARNER. Mr. President, I ask entity created by the agreement; and (B) that such entity may not execute any gram. unanimous consent that the Senate The Congressional Budget Office esti- instrument or document creating or evidenc- now proceed to the consideration of mates that truly solving the problem ing any indebtedness unless such instrument Calendar No. 905, H.R. 3069. will save taxpayers $127 billion over the or document specifically disclaims any li- The PRESIDING OFFICER. The ability of the United States under the instru- next decade. the stakes are high and we clerk will report the bill by title. ment or document; and owe it to the 40 million Medicaid bene- The legislative clerk read as follows: (7) shall include such other terms and con- ficiaries to protect the program so it A bill (H.R. 3069) to authorize the Adminis- ditions as the Administrator considers ap- remains strong and viable for the years trator of General Services to provide for re- propriate. to come. development of the Southeast Federal Cen- (c) CONSIDERATION.—An agreement entered Accordingly, today I am introducing ter in the District of Columbia. into under this section shall be for fair con- legislation that does what HCFA There being no objection, the Senate sideration, as determined by the Adminis- should have done but failed to do. My trator. Consideration under such an agree- proceeded to consider the bill, which ment may be provided in whole or in part bill does not sanction abuse—it stops had been reported from the Committee it. It closes the loophole, and treats through in-kind consideration. In-kind con- on Governmental Affairs with amend- sideration may include provision of space, non-state governmental facilities the ments, as follows: goods, or services of benefit to the United same way state facilities are already (Omit the part in boldface brackets States, including construction, repair, re- treated. For those states with upper and insert the part printed in italic.) modeling, or other physical improvements of payment limits approved by HCFA al- H.R. 3069 Federal property, maintenance of Federal property, or the provision of office, storage, ready in place, it gives them two years Be it enacted by the Senate and House of Rep- or other usable space. to fully transition into compliance resentatives of the United States of America in with the law. But no longer will Congress assembled, (d) AUTHORITY TO CONVEY.—In carrying out an agreement entered into under this sec- schemes to exploit federal funding be SECTION 1. SHORT TITLE. tion, the Administrator is authorized to con- tolerated. Even if HCFA is willing to This Act may be cited as the ‘‘Southeast vey interests in real property, by lease, sale, look the other way, I am not. We must Federal Center Public-Private Development or exchange, to a private entity. think about the long-term interests of Act of 2000’’. BLIGATIONS O AKE AYMENTS SEC. 2. SOUTHEAST FEDERAL CENTER DEFINED. (e) O T M P .—Any the program and act now to stop the obligation to make payments by the Admin- abuse. We should save the safety net In this Act, the term ‘‘Southeast Federal Center’’ means the site in the southeast istrator for the use of space, goods, or serv- for those that depend on it and save ices by the General Services Administration $127 billion over the next decade for he quadrant of the District of Columbia that is under the control and jurisdiction of the on property that is subject to an agreement American taxpayer at the same time. General Services Administration and ex- under this section may only be made to the f tends from Issac Hull Avenue on the east to extent that necessary funds have been made available, in advance, in an annual appro- CORRECTING THE ENROLLMENT 1st Street on the west, and from M Street on the north to the Anacostia River on the priations Act, to the Administrator from the OF H.R. 3244 south, excluding an area on the river at 1st Federal Buildings Fund established by sec- Mr. WARNER. Mr. President, I ask Street owned by the District of Columbia tion 210(f) of the Federal Property and Ad- and a building west of Issac Hull Avenue and ministrative Services Act of 1949 (40 U.S.C. unanimous consent that the Senate 490(f)). proceed to the immediate consider- south of Tingey Street under the control and jurisdiction of the Department of the Navy. (f) NATIONAL øCAPITOL¿ CAPITAL PLANNING ation of S. Con. Res. 149, which is at COMMISSION.— the desk. SEC. 3. SOUTHEAST FEDERAL CENTER DEVELOP- MENT AUTHORITY. (1) STATUTORY CONSTRUCTION.—Nothing in The PRESIDING OFFICER. The (a) IN GENERAL.—The Administrator of this section may be construed to limit or clerk will report the concurrent resolu- General Services may enter into agreements otherwise affect the authority of the Na- tion by title. (including leases, contracts, cooperative tional Capital Planning Commission with re- The legislative clerk read as follows: agreements, limited partnerships, joint ven- spect to the Southeast Federal Center. A concurrent resolution (S. Con. Res. 149) tures, trusts, and limited liability company (2) VISION PLAN.—An agreement entered to correct the enrollment of H.R. 3244. agreements) with a private entity to provide into under this section shall ensure that re- development of the Southeast Federal Cen- There being no objection, the Senate for the acquisition, construction, rehabilita- tion, operation, maintenance, or use of the ter is consistent, to the extent practicable proceeded to consider the concurrent Southeast Federal Center, including im- (as determined by the Administrator, in con- resolution. provements thereon, or such other activities sultation with the National Capital Planning Mr. WARNER. Mr. President, I ask related to the Southeast Federal Center as Commission), with the objectives of the Na- unanimous consent that the resolution the Administrator considers appropriate. tional Capital Planning Commission’s vision be agreed to, and the motion to recon- (b) TERMS AND CONDITIONS.—An agreement plan entitled ‘‘Extending the Legacy: Plan- sider be laid upon the table. entered into under this section— ning America’s Capital in the 21st Century’’, The PRESIDING OFFICER. Without (1) shall have as its primary purpose en- adopted by the Commission in November 1997. objection, it is so ordered. hancing the value of the Southeast Federal The resolution (S. Con. Res. 149) was Center to the United States; (g) RELATIONSHIP TO OTHER LAWS.— (2) shall be negotiated pursuant to such (1) IN GENERAL.—The authority of the Ad- agreed to, as follows: procedures as the Administrator considers ministrator under this section shall not be S. CON. RES. 149 necessary to ensure the integrity of the se- subject to— Resolved by the Senate (the House of Rep- lection process and to protect the interests (A) section 321 of the Act of June 30, 1932 resentatives concurring), That the Clerk of the of the United States; (40 U.S.C. 303b);

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00113 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.004 S11OC0 22154 CONGRESSIONAL RECORD—SENATE October 11, 2000 (B) sections 202 and 203 of the Federal mittee on Foreign Relations be dis- patience of my friend, the Senator Property and Administrative Services Act of charged from further consideration of from Virginia. I know he wanted to va- 1949 (40 U.S.C. 483, 484); S. Res. 366 and the Senate then proceed cate the premises more than an hour (C) section 7(a) of the Public Buildings Act to its immediate consideration. ago. I am confident early in the morn- of 1959 (40 U.S.C. 606(a)); or The PRESIDING OFFICER. Without (D) any other provision of law (other than ing we will be able to enter into an Federal laws relating to environmental and objection, it is so ordered. The clerk agreement relating to his bill. historic preservation) inconsistent with this will report the resolution by title. Mr. WARNER. That would be the section. The legislative clerk read as follows: DOD conference on authorization. (2) UNUTILIZED OR UNDERUTILIZED PROP- A resolution (S. Res. 366) expressing the Mr. REID. We are getting close to ERTY.—Any facility covered under an agree- Sense of the Senate on the certification of that. I apologize for not being able to Mexico. ment entered into under this section may do that tonight. not be considered to be unutilized or under- There being no objection, the Senate Mr. WARNER. No apology is needed. utilized for purposes of section 501 of the proceeded to consider the resolution. This bill has had a unique course Stewart B. McKinney Homeless Assistance Mr. WARNER. Mr. President, I ask through the Senate. I know of no one Act (42 U.S.C. 11411). unanimous consent that the resolution who has tried harder on a procedural SEC. 4. REPORTING REQUIREMENT. be agreed to, the preamble be agreed basis to see that this bill has forward (a) IN GENERAL.—Before entering into an to, the motion to reconsider be laid agreement under section 3, the Adminis- momentum than our distinguished col- trator of General Services shall transmit to upon the table, and any statements re- lating to the resolution be printed in league from Nevada. I hereby express the Committee on Transportation and Infra- my profound respect and thanks to the RECORD. structure of the House of Representatives him. and the Committee on øEnvironment and The PRESIDING OFFICER. Without Public Works¿ Governmental Affairs of the objection, it is so ordered. Mr. REID. I already bragged earlier Senate a report on the proposed agreement. The resolution (S. Res. 366) was in the day about my colleague and Sen- (b) CONTENTS.—A report transmitted under agreed to. ator LEVIN, and I would like that this section shall include a summary of a The preamble was agreed to. spread across the RECORD again. cost-benefit analysis of the proposed agree- The resolution, with its preamble, Mr. President, Senator MCCAIN is on ment and a description of the provisions of reads as follows: his way. We have a unanimous consent the proposed agreement. S. RES. 366 agreement that he asked for earlier in (c) REVIEW BY CONGRESS.—A proposed agreement under section 3 may not become Whereas Mexico will inaugurate a new gov- the day. We are now able to clear it. effective until the end of a 30-day period of ernment on 1 December 2000 that will be the Mr. WARNER. Mr. President, given continuous session of Congress following the first change of authority from one party to that, I suggest the absence of a date of the transmittal of a report on the another; quorum. agreement under this section. For purposes Whereas the 2nd July election of Vincente The PRESIDING OFFICER. The of the preceding sentence, continuity of a Fox Quesada of the Alliance for Change clerk will call the roll. marks an historic transition of power in session of Congress is broken only by an ad- The legislative clerk proceeded to journment sine die, and there shall be ex- open and fair elections; cluded from the computation of such 30-day Whereas Mexico and the United States call the roll. period any day during which either House of share a 2,000-mile border, Mexico is the Mr. MCCAIN. Mr. President, I ask Congress is not in session during an adjourn- United States’ second largest trading part- unanimous consent that the order for ment of more than 3 days to a day certain. ner, and the two countries share historic and the quorum call be rescinded. SEC. 5. USE OF PROCEEDS. cultural ties; The PRESIDING OFFICER. Without (a) IN GENERAL.—Net proceeds from an Whereas drug production and trafficking objection, it is so ordered. agreement entered into under section 3 shall are a threat to the national interests and the be deposited into, administered, and ex- well-being of the citizens of both countries; f pended, subject to appropriations Acts, as and AMENDING TITLE 49, U.S. CODE, part of the fund established by section 210(f) Whereas United States-Mexican coopera- TO REQUIRE REPORTS CON- of the Federal Property and Administrative tion on drugs is a cornerstone for policy for CERNING DEFECTS IN MOTOR Services Act of 1949 (40 U.S.C. 490(f)). In this both countries in developing effective pro- VEHICLES subsection, the term ‘‘net proceeds from an grams to stop drug use, drug production, and agreement entered into under section 3’’ drug trafficking: Now, therefore, be it Mr. MCCAIN. Mr. President, I ask means the proceeds from the agreement Resolved, That (a) the Senate, on behalf of unanimous consent that the Senate minus the expenses incurred by the Adminis- the people of the United States— now proceed to the consideration of trator with respect to the agreement. (1) welcomes the constitutional transition H.R. 5164, which is at the desk. (b) RECOVERY OF EXPENSES.—The Adminis- of power in Mexico; trator may retain from the proceeds of an (2) congratulates the people of Mexico and The PRESIDING OFFICER. The agreement entered into under section 3 their elected representatives for this historic clerk will state the bill by title. amounts necessary to recover the expenses change; and The legislative clerk read as follows: incurred by the Administrator with respect (3) expresses its intent to continue to work A bill (H.R. 5164) to amend title 49, United to the agreement. Such amounts shall be de- cooperatively with Mexican authorities to States Code, to require reports concerning posited in the account in the Treasury from promote broad and effective efforts for the defects in motor vehicles or tires or other which the Administrator incurs expenses re- health and welfare of United States and motor vehicle equipment in foreign coun- lated to disposals of real property. Mexican citizens endangered by inter- tries, and for other purposes. Mr. WARNER. Mr. President, I ask national drug trafficking, use, and produc- There being no objection, the Senate tion. unanimous consent that the committee proceeded to consider the bill. amendments be agreed to, the bill be (b) SENSE OF THE SENATE.—It is the sense Mr. MCCAIN. I ask unanimous con- read the third time and passed, the mo- of the Senate that the incoming new govern- ments in both Mexico and the United States sent that the bill be read the third tion to reconsider be laid upon the must develop and implement a counterdrug time and passed, the motion to recon- table, and that any statements relating program that more effectively addresses the sider be laid upon the table, and that to the bill be printed in the RECORD. official corruption, the increase in drug traf- any statements regarding the bill be The PRESIDING OFFICER. Without fic, and the lawlessness that has resulted printed at this point in the RECORD. objection, it is so ordered. from illegal drug trafficking, and that a one- The committee amendments were year waiver of the requirement that the The PRESIDING OFFICER. Without agreed to. President certify Mexico is warranted to per- objection, it is so ordered. The bill (H.R. 3069), as amended, was mit both new governments time to do so. Mr. REID. Reserving the right to ob- read the third time and passed. Mr. WARNER. Mr. President, before ject, what was the request? Mr. MCCAIN. That the Senate pro- f entering the closing statement, I yield to the distinguished Democratic assist- ceed to H.R. 5164. CERTIFICATION OF MEXICO ant leader. Mr. REID. Is this the same request Mr. WARNER. Mr. President, I ask Mr. REID. Mr. President, I was off the Senator entered earlier today? unanimous consent that the Com- the floor. I appreciate very much the Mr. MCCAIN. Yes.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00114 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.004 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—SENATE 22155 Mr. REID. Reserving the right to ob- call of 6.5 million tires and the more tion to avoid the reporting require- ject, as I said to my friend—and he was than 100 deaths associated with these ments, and that the safe harbor provi- so persuasive—I indicated that we have tires. sions for the enhanced penalties could to be patient and I thought his pa- Today, we are in the midst of what apply to existing penalties. I strongly tience would require more than an may likely be the last week of this leg- disagree with these assertions. More hour or so. But as a result of our work islative session. The remaining days to importantly, the supporters of the on this side, we were able to get the enact legislation to remedy indis- House bill both Democratic and Repub- agreement cleared, and we have no ob- putable flaws in the Federal Motor Ve- licans disagree with those assertions as jection to this matter proceeding to- hicle Safety Act are dwindling to a pre- does the Department of Transportation night, as indicated in the earlier con- cious few. which will be charged with carrying sent agreement. When we began this process more out the provisions of the Act. Mr. MCCAIN. I thank my friend from than six weeks ago, I made a commit- House supporters of the bill such as Nevada. ment to seek the enactment of legisla- Congressmen MARKEY and TAUZIN ad- May I just say that one thing I have tion this year to remedy this problem. dressed some of these concerns in a col- learned about my friend from Nevada is I also stated that we would not make loquy upon final passage of the House that when he gives his word on an the perfect the enemy of the good. Last bill last night. I ask unanimous con- issue, he pursues that in a sincere and night, the House passed by voice vote sent that the entire colloquy from the dedicated fashion. When he gives his H.R. 5164, the Transportation Recall House bill be included in the RECORD word that he is going to oppose, as he Enhancement Accountability and Doc- following my remarks. Two portions of has on several occasions, he is a formi- umentation (TREAD) Act. The legisla- the colloquy refute these assertions. dable opponent. I thank the Senator tion is similar to S. 3059 and has the First, Mr. MARKEY asks if the ‘‘special from Nevada for working on this. He support of both Republicans and Demo- disclosure provision for new early stage could have easily held this over until crats in the House. information is not intended to protect tomorrow and we could have gotten While the House bill does not go as from disclosure [information] that is caught up, perhaps, in other issues. In- far as the Senate bill in some respects, currently disclosed under existing law stead, the Senator from Nevada said he it will nevertheless advance the cause such as information about actual de- would be working on this issue. He did of safety. It will ensure that the De- fects or recalls?’’ Congressman TAUZIN that, and we have it resolved. I express partment of Transportation will re- responds by saying, ‘‘the gentleman is my deep and sincere thanks to him. ceive the information it needs to de- correct.’’ Second, Congressman MAR- I look forward to next year when we tect defects, including information KEY asks if it is in the ‘‘Secretary’s dis- again have our differences on the issue about foreign recalls. It will increase cretion to require a manufacturer to of college gambling being ventilated penalties for manufacturers that fail to maintain records that are in fact in the and work together on that issue as comply with the statute and its regula- manufacturer’s possession and that it well. tions. The maximum civil penalty would be a violation of such a require- Mr. REID. Also, we can work to- under the current statute is $980,000. ment to destroy such a record?’’ Again, gether to do more on boxing. If there The House bill will increase that Congressman TAUZIN responds ‘‘the were ever a requirement that we have amount to $15 million. It will also di- gentleman is correct.’’ spread before us, it would be to do rect the Secretary to develop a pro- Congressman TAUZIN wrote to me something about the abysmal state of gram to conduct dynamic rollover tests today to further clarify that this provi- boxing in the world, which is con- of motor vehicles and make that infor- sion would not enable manufacturers trolled by the United States. mation available to consumers. It will to destroy or conceal information. Also, the work the Senator from Ari- direct NHTSA to upgrade the current In explaining the safe harbor provi- zona and the Senator from Wisconsin tire standard for the first time in 30 sion under the enhanced penalty sec- have done on campaign finance re- years. Finally, the House bill incor- tion, the intent of the House sponsors form—when the history books are writ- porates a measure sponsored by Sen- is not necessary because it is clear on ten about what has happened in Gov- ator FITZGERALD and recently reported the face of the language that it would ernment during the past hundred by the Senate Commerce Committee, not apply to an underlying violation of years, there is no question in my mind which will improve the design of child existing criminal law. The language of that one of the main chapters will be safety seats. Section 4(b)(2) clearly states that the the work that has been done on cam- Many of the provisions in the House safe harbor only applies to criminal paign finance reform. It will happen, bill are an improvement upon current penalties ‘‘under this subsection.’’ I am and it was instigated and initiated by law. The House bill is supported by the not a supporter of the safe harbor pro- the Senator from Arizona and the Sen- Secretary of Transportation. Neverthe- visions under this bill. I believe that ator from Wisconsin. It is only a ques- less, let me be clear, I would prefer to they create a loophole rendering the tion of when; it will happen. have the Senate complete action on the enhanced penalties meaningless, but it Mr. MCCAIN. I thank my friend from bill reported by the Senate Commerce is clear that they do not weaken exist- Nevada. Committee with unanimous support. ing law. I should not be speaking off the top But holds and stalling tactics used by As I said earlier, NHTSA has linked of my head, but perhaps a hearing out some members of this body will pre- more than 100 deaths to the failure of in the city of Las Vegas, where really vent us from even considering the Sen- Bridgestone/Firestone tires that are 90 percent of the major boxing is con- ate measure. The reality we face in the subject to the current recall. Each day ducted in America, might be something remaining days of Congress because of it becomes more apparent that these he and I could do together in the next these tactics is that we pass the House deaths may have been avoided had the couple of months to get the ball roll- bill or we pass nothing. Left with that Department of Transportation pos- ing. I thank my friend from Nevada. decision, I would prefer we move for- sessed vital safety-related information Mr. REID. I thank my friend from ward with the House bill. that the law does not currently require Arizona. Some people have raised concerns manufacturers to report. Mr. MCCAIN. Mr. President, last that the House bill would weaken cur- The House bill falls short of the Sen- week I was blocked in my efforts to rent law in several respects and it ate bill, but it will improve the Depart- gain unanimous consent for the Senate would be better to do nothing. Specifi- ment of Transportation’s ability to de- to schedule a time for consideration of cally, concerns have been raised that tect defects earlier. As Chairman of the S. 3059, the Motor Vehicle and Motor the bill would inhibit the release of in- Senate Commerce Committee, I com- Vehicle Equipment Defect Notification formation collected by Department of mit to revisiting this issue next Con- Act. As you know, the Act is in re- Transportation to the public, that gress and resolve the issues left in the sponse to the recent Ford/Firestone re- manufacturers could destroy informa- House bill. But it would be a serious

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00115 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.004 S11OC0 22156 CONGRESSIONAL RECORD—SENATE October 11, 2000 mistake to prevent even this modest ways. I think we have taken a major PROGRAM reform to go forward. I ask my col- step forward, and one that hopefully leagues to support the passage of H.R. will save lives and prevent injuries. If Mr. MCCAIN. Mr. President, for the 5164. that is the case, as I think most ex- information of all Senators, the Senate The bill (H.R. 5164) was passed. perts view this legislation, then I think will begin consideration of the HUD- Mr. MCCAIN. Mr. President, we went we will have done something good VA appropriations bill at 9:30 a.m. through a great deal of work in order today. There are three amendments in order to have the legislation passed con- I thank you, Mr. President, for your and up to three stacked rollcall votes cerning Bridgestone/Firestone. I thank patience. will occur at approximately 12:30 p.m. the administration and Secretary f Following the final vote on the HUD- Slater for all of his efforts. VA bill, the Senate is expected to begin ORDERS FOR THURSDAY, OCTOBER I thank Senator HOLLINGS, who had consideration of the conference report 12, 2000 strongly held views on this issue and to accompany the Department of De- yet came together with me and others. Mr. MCCAIN. Mr. President, I ask fense authorization bill. There are ap- I thank the Consumers Union for unanimous consent that when the Sen- proximately 6 hours of debate re- what they did. They are an advocacy ate completes its business today, it re- quested on the conference report. group that, again, didn’t see a perfect cess until the hour of 9:30 a.m. on Therefore, Senators should expect piece of legislation but supported this Thursday, October 12. I further ask votes later in the afternoon in ref- legislation. Mr. Kimmelman is a man consent that on Thursday, imme- erence to the DOD authorization con- of remarkable talents. I thank him. diately following the prayer, the Jour- ference report. I also want to thank Congressman nal of proceedings be approved to date, UPTON and Congressman TAUZIN, who the time for the two leaders be re- f were able to get that legislation served for their use later in the day, through the House of Representatives and the Senate then proceed to H.R. in this late period by a voice vote and 4635, the HUD-VA appropriations bill as RECESS UNTIL 9:30 A.M. thereby made it possible for this legis- under the previous order. TOMORROW lation to be passed. They are both re- The PRESIDING OFFICER. Without Mr. MCCAIN. Mr. President, if there markable legislators. I appreciate very objection, it is so ordered. is no further business to come before much all they did. Mr. MCCAIN. Mr. President, I ask the Senate, I ask unanimous consent I say to my colleagues again that unanimous consent that the Senator that the Senate stand in recess under this issue isn’t over. Tragically, I am from Arizona, Mr. MCCAIN, be allowed the previous order. in fear that there will be more deaths 10 minutes before the HUD-VA appro- and injuries on America’s highways be- priations bill is voted on. There being no objection, the Senate, fore we finally make it much safer for The PRESIDING OFFICER. Without at 6:50 p.m., recessed until Thursday, Americans to be on America’s high- objection, it is so ordered. October 12, 2000, at 9:30 a.m.

VerDate jul 14 2003 10:24 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00116 Fmt 0686 Sfmt 0634 E:\BR00\S11OC0.004 S11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22157 HOUSE OF REPRESENTATIVES—Wednesday, October 11, 2000

The House met at 10 a.m. and was nounced that the Senate agreed to the But instead, our colleagues on the called to order by the Speaker pro tem- following resolution: other side of the aisle, some of the pore (Mr. COOKSEY). S. RES. 369 Democrats, continue to fight for bigger f Resolved, That the Senate has heard with government and increased spending profound sorrow and deep regret the an- plans of the Clinton-Gore administra- DESIGNATION OF THE SPEAKER nouncement of the death of the Honorable tion, an administration which has PRO TEMPORE Bruce F. Vento, late a Representative from never reprimanded its own bureau- The SPEAKER pro tempore laid be- the State of Minnesota. cratic agencies for their sloppy book- fore the House the following commu- Resolved, That the Secretary communicate these resolutions to the House of Represent- keeping. nication from the Speaker: atives and transmit an enrolled copy thereof It is obvious that the bookkeeping of WASHINGTON, DC, to the family of the deceased. our Federal agencies is in complete dis- October 11, 2000. Resolved, That when the Senate adjourns or array. The Department of Education I hereby appoint the Honorable JOHN recesses today, it stand adjourned or re- could not even complete its last audit. COOKSEY to act as Speaker pro tempore on cessed as a further mark of respect to the They ought to learn some basic third- this day. memory of the deceased Representative. grade math skills. J. DENNIS HASTERT, The message also announced that the Mr. Speaker, this irresponsible and Speaker of the House of Representatives. Senate has passed without amendment wasteful government spending must f a bill of the House of the following come to a stop. It is time that the Clin- title: PRAYER ton-Gore administration stop the slop- The Chaplain, the Reverend Daniel P. H.R. 5362. An act to increase the amount of py math and join this Republican-led fees charged to employers who are peti- Coughlin, offered the following prayer: Congress to devote 90 percent of the Lord God of heaven and earth, both tioners for the employment of H–1B non-im- migrant workers, and for other purposes. surplus for debt reductions to protect Judaic and Christian scriptures speak social security and Medicare. to us about end time. You teach us how The message also announced that the Senate has passed bills of the following That way, at least our budget surplus to prepare for the approaching day of will not be squandered, too. judgment and salvation. titles in which the concurrence of the Freed of anxiety and fear we are ex- House is requested: f horted once again to place all our trust S. 1687. An act to amend the Federal Trade AMERICA MUST PRESSURE HAGUE in You, O God. Commission Act to authorize appropriations for the Federal Trade Commission. CONVENTION SIGNATORIES TO You guide us through all difficulties S. 2413. An act to amend the Omnibus COMPLY WITH CHILD ABDUCTION to lead an ordered and sober life given Crime Control and Safe Streets Act of 1968 to PROVISIONS to you in prayer. clarify the procedures and conditions for the (Mr. LAMPSON asked and was given Above all, we are committed to love award of matching grants for the purchase of this Nation and serve its people to the armor vests. permission to address the House for 1 best of our abilities. S. 2417. An act to amend the Federal Water minute and to revise and extend his re- Help us to keep love and respect for Pollution Control Act to increase funding for marks.) one another at full strength, because State nonpoint source pollution control pro- Mr. LAMPSON. Mr. Speaker, today grams, and for other purposes. You have told us, my story is about Mitchell Goldstein S. 2528. An act to provide funds for the pur- and his daughter, Kelly, age 8. Kelly In the end, love cancels innumerable chase of automatic external defibrillators sins, now and forever. and the training of individuals in advanced was abducted from Atlanta, Georgia, to Amen. cardiac life support. Switzerland when she was 4 years old f S. 2688. An act to amend the Native Amer- by her mother, Sandra Gyr Pfisterer, ican Languages Act to provide for the sup- during a court-ordered visitation in THE JOURNAL port of Native American Language Survival 1996. The SPEAKER pro tempore. The Schools, and for other purposes. Since this time, Mr. Goldstein has Chair has examined the Journal of the f been trying to have Kelly returned last day’s proceedings and announces ANNOUNCEMENT BY THE SPEAKER from Switzerland via the Hague Con- to the House his approval thereof. PRO TEMPORE vention on the Civil Aspects of Inter- Pursuant to clause 1, rule I, the Jour- national Child Abduction. Despite nu- nal stands approved. The SPEAKER pro tempore. The Chair will entertain 15 1-minutes from merous court orders from the Swiss f each side. court, including from the Supreme PLEDGE OF ALLEGIANCE Court, officials in Switzerland have re- f fused to enforce the court orders and The SPEAKER pro tempore. Will the HEY BIG SPENDER Kelly remains abroad without any con- gentleman from Illinois (Mr. EWING) tact from her father. come forward and lead the House in the (Mr. GIBBONS asked and was given permission to address the House for 1 Switzerland is our ally. Mr. Goldstein Pledge of Allegiance. has full custody of Kelly. He has nu- Mr. EWING led the Pledge of Alle- minute and to revise and extend his re- merous court orders from Switzerland giance as follows: marks.) Mr. GIBBONS. Mr. Speaker, last and the United States ordering Kelly’s I pledge allegiance to the Flag of the return home. Switzerland and the U.S. United States of America, and to the Repub- month the General Accounting Office lic for which it stands, one nation under God, study reported that a dozen of the larg- are parties to the Hague Convention, indivisible, with liberty and justice for all. est Federal agencies squandered nearly yet Kelly remains separated from her father. f $21 billion in 1999; $21 billion, Mr. Speaker. Mr. Speaker, children like Kelly de- MESSAGE FROM THE SENATE If the Federal government was a cor- serve to have a relationship with both A message from the Senate by Mr. poration, the CEO would have been their parents, and parents deserve a re- Lundregan, one of its clerks, an- fired by now. lationship with their children. The

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.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 22158 CONGRESSIONAL RECORD—HOUSE October 11, 2000 House should make sure that the most said, and I quote, ‘‘The Army will not they charge $1 in this country for but sacred of bonds, that between a parent pay for the cost of a priest.’’ He further only 30 cents in Canada, and they will and child, is preserved. We must pres- said, ‘‘If we allow the Catholics in, we allow them to come back in and be sold sure signatory countries to comply must allow all religions in.’’ for 30 cents. with the Hague Convention, especially Now, if that is not enough to shred Mr. Speaker, this provision is a in cases such as these, where their own the Bible, the Army does allow and per- fraud. It allows the pharmaceutical courts have ordered a return. mits witchcraft and pagan ceremonies companies to relabel the drugs so peo- f at the base. The spokesman said, and I ple will be confused about whether it is quote, ‘‘The witchcraft groups pay for the same medication. It also allows SALUTING SOUTH FLORIDIANS their own pagan ministers.’’ them a 5-year sunset, and it also re- WHO PARTICIPATED IN SYDNEY Unbelievable. It is time to call in the stricts the contracts when they sell 2000 OLYMPICS dogs, throw the coffee grinds on the them abroad. They will write a con- (Ms. ROS-LEHTINEN asked and was fire, the hunting is over. When the U.S. tract that says to the Canadians, ‘‘We given permission to address the House Army allows satan in one door and will are selling this to you, and you agree for 1 minute and to revise and extend not allow God in the other door, Amer- that you will not reimport.’’ her remarks.) ica is so screwed up we do not know This bill is filled with fraudulent in- Ms. ROS-LEHTINEN. Mr. Speaker, it where we are going. formation, but it is going to be the is with great pleasure that I congratu- Beam me up, here. I yield back the basis of 100 to 218 press releases today: late all the individuals from South fact that an America without God is an ‘‘The Republicans have dealt with the Florida who participated in the Sidney America that the Founders never problem of the cost of medications.’’ 2000 Olympics. planned. f I am proud to know that there were f athletes from our area representing the TEN THOUSAND CHICKENS United States. These individuals hon- WHO DO YOU TRUST? (Mr. PITTS asked and was given per- ored our community and our country: (Mr. SMITH of Texas asked and was mission to address the House for 1 Juan Miguel Moreno in Tai Kwon Do; given permission to address the House minute and to revise and extend his re- Angel Perez in kayak; for 1 minute and to revise and extend marks.) Magnus Liljedahl in star sailing, he his remarks.) Mr. PITTS. Mr. Speaker, reputations won the Gold Medal; Mr. SMITH of Texas. Mr. Speaker, are earned. They take a long time to Alonzo Mourning and Tim Hardaway George Bush wants our children to acquire, as one develops and improves in basketball, also Gold Medalists; learn more in school. He wants those his abilities. Seilala Sua in discus; who work to keep more of their hard- Like those in centuries past who told Michele Davison, Jenny Keim, and earned dollars, and he wants those who tall tales about Paul Bunyan or Pecos David Pichler in diving; are retired to have a secure future. Bill, it takes a certain talent to stretch Margie Goldstein-Engle in eques- George Bush trusts the people. His the truth. trian; opponent wants more government. Well, there is another tall tale re- Lauren Meece and Lauren Moreno in George Bush trusts parents with school ported in the papers this morning that judo; choices. He trusts taxpayers to spend was spun some 20 years ago. It is a tale Vince Spadea in tennis; their dollars better than the govern- told by a Washington politician who Mickisha Hurley and George ment. He trusts retirees to invest their liked to fancy himself a farmer. Roumain in volleyball; savings. He told his friends that he was once And Doug Meintkiewicz in baseball, a On the other hand, his opponent has a chicken farmer. He said, ‘‘I have Gold Medalist. a trust problem. Under the Clinton- raised chickens myself, 10,000 at one There were other residents from Gore administration, numerous offi- time, 5,000 in each of two houses.’’ The South Florida who, although they did cials have been indicted or convicted, politician who told this tale was also not represent the United States, did an 83 witnesses refused to testify in court the son of a politician so he grew up in outstanding job in representing other about campaign contribution viola- Washington, not on a farm. countries, and this demonstrated the tions, and another 21 fled the country. True, he would go back home to Ten- cultural diversity and excellence that To restore integrity to the White nessee once in a while to visit, but all makes our area such a unique place House, the American people deserve a those chickens, they were on another and a wonderful area in which to live. president they can trust. George Bush farm that he did not visit. He certainly These athletes stand as examples of wants a government worthy of so great did not raise 10,000 chickens. perfection, excellence, and diligence, a people, a government that is honest, This candidate has earned a place and of what can be achieved through nonpartisan, and scandal-free. Only one among the best spinners of yarns in many years of hard work and dedica- presidential candidate can lead Amer- America. He tells some of the best tall tion. I am proud to know that they are ica to that shining goal: George Bush. tales today. The tale of the 10,000 from South Florida, and I ask my con- f chickens is just one more tall tale from gressional colleagues to join me in con- Tennessee. AL GORE spins a good yarn. THE REPUBLICANS’ FIG LEAF gratulating not only these Olympians, PRESCRIPTION DRUG BILL f but all the athletes who showed the SENIORS WANT AN AFFORDABLE rest of the world the best that our (Mr. MCDERMOTT asked and was PRESCRIPTION DRUG PLAN country has to offer. given permission to address the House THROUGH MEDICARE, NOT f for 1 minute and to revise and extend his remarks.) EMPTY RHETORIC AN AMERICA WITHOUT GOD IS AN Mr. MCDERMOTT. Mr. Speaker, (Ms. DELAURO asked and was given AMERICA THE FOUNDERS NEVER today is Republican fig leaf bill on the permission to address the House for 1 INTENDED cost of medications. The agriculture minute and to revise and extend his re- (Mr. TRAFICANT asked and was bill allows the reimportation of medi- marks.) given permission to address the House cations that have been shipped abroad Ms. DELAURO. Mr. Speaker, our sen- for 1 minute and to revise and extend to be brought back into the country, iors face skyrocketing prices of pre- his remarks.) presumably to be sold at lower prices. scription drugs. Many are forced to Mr. TRAFICANT. Mr. Speaker, the What the Republicans want the choose between purchasing their medi- United States Army in Europe has de- American people to believe is that the cation and buying groceries. For those nied Catholic soldiers the right to hold pharmaceutical companies will send skipping meals or missing rent pay- mass in the base chapel. A spokesman medications out of the country that ments, a prescription drug benefit is

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22159 vital to returning dignity to their Mr. Speaker, American working fam- pass legislation which benefits data- lives. ilies deserve a break. Let us give it to base producers and, therefore, benefits In July, this House passed an amend- them. American consumers. Finally, Mr. ment to allow U.S. pharmacists to buy f Speaker, I want to express thanks to medications at the same low prices the many people who worked tirelessly DRUG IMPORT PROVISIONS OF AG- paid for in other countries, 20 to 50 per- to promote this legislation. RICULTURE APPROPRIATIONS cent less for the same drugs, and then f we could pass those savings on to our BILL seniors. It makes sense. (Mr. BROWN of Ohio asked and was VOTING MAKES A DIFFERENCE But last week in the dead of night given permission to address the House (Mr. EHLERS asked and was given the Republican leadership twisted this for 1 minute.) permission to address the House for 1 amendment into a deal full of loop- Mr. BROWN of Ohio. Mr. Speaker, minute and to revise and extend his re- holes so big that they could drive a sometimes I wonder whether the Re- marks.) truck through them. publican leadership of this Congress re- Mr. EHLERS. Mr. Speaker, Monday The deal does nothing for seniors. It ports to the public or to the prescrip- evening I spoke to a college govern- only protects the pharmaceutical in- tion drug industry. The public sends a ment class in my community, and a dustry profits. This compromise artifi- clear message that they are sick of young woman commented during the cially restricts access to safe and af- unjustifiably high and blatantly dis- question period. She asked, I just fordable drugs abroad. It gives the drug criminatory prescription drug prices. turned 18, I will be voting for the first industry a veto over all imports. Seniors are particularly vulnerable time, can you tell me why I should Our seniors deserve better. They de- to overwhelming prescription drug ex- vote? What difference does the govern- serve the same medications at the penses. Democrats offer a proposal fea- ment make in my life? same prices that people are paying for turing an optional Medicare drug ben- I gave her two quick examples, and I overseas. It is time for the Republican efit, drug prices discounted to reflect a thought everyone listening to this leadership to stop using empty rhet- collective bargaining power of 39 mil- might be interested in these examples. oric. We should have a pharmaceutical lion Medicare beneficiaries, and a I said, first of all that, when I was plan that works. We ought to have a strategy for undercutting international elected in 1994, we had deficits of $300 price discrimination, the ability to re- prescription drug benefit through billion per year. The Republicans took import prescription drugs. Medicare. over. We now have a surplus of over Republicans refuse to even consider If there must be reimportation, then $100 billion per year. That is a $400 bil- in fact let us be able to reimport those price discounts for seniors, they emas- culate the reimportation proposal, and lion per year difference, and that com- drugs at a price our seniors can pay putes to $2,200 for every single tax- for. then they sunset those weak provisions before they even have a chance to kick payer in this Nation. That does make a f in. difference to you. You should vote this WELCOME TO NEWBORN JACK A phony watered-down drug re- year. CHRISTOPHER LINDGREN importation bill is marginally better The second example I gave is that the interest on the debt is going to cost her (Mr. CHABOT asked and was given than no bill at all, but I do not want a $185,000 during her lifetime, even if we permission to address the House for 1 single American to be fooled into do not add another cent to the debt. minute and to revise and extend his re- thinking that Republican leadership This is equivalent to the cost of a nice marks.) has been responsive to the prescription house in my district. It does make a Mr. CHABOT. Mr. Speaker, I want to drug crisis. The only constituency they difference who is in control; we have take a moment this morning to wel- have been responsive to is the prescrip- started to pay off the debt. It does come into this world Jack Christopher tion drug industry. make a difference, and people should Lindgren, who was born just a couple f vote accordingly. I am very proud of of weeks ago, on September 21. DATABASE PROTECTION I want to congratulate his proud par- what we have accomplished, and how LEGISLATION ents, Gary Lindgren, chief of staff in we have put money back in the hands my office, and his lovely wife, Susan. I (Mr. COBLE asked and was given per- of the people, including this young 18- know they are delighted with their mission to address the House for 1 year-old lady. I hope that she does handsome baby boy. minute and to revise and extend his re- vote, and I hope that she does vote for There is some good news for little marks.) the good of this country. Jack. Thanks to a Republican Con- Mr. COBLE. Mr. Speaker, this will f now be the third Congress in which leg- gress, his parents will enjoy a $500 tax URGING OSHA TO STOP CORRUPT islation protecting databases has failed credit for their new child. That will ERGONOMICS RULE-MAKING help buy diapers and baby food and to become law. Over the past years, the some of the clothing that babies seem opponents of such legislation have done (Mr. BALLENGER asked and was to grow out of in a couple of weeks. all they can to prevent legislation from given permission to address the House But here is a dose of reality for moving forward and maintain the sta- for 1 minute.) young Jack. Because of the steadfast tus quo so they may pirate the work of Mr. BALLENGER. Mr. Speaker, just opposition of the Clinton-Gore admin- others due to the current gap in protec- when we thought the Clinton-Gore ad- istration, Jack’s parents will be paying tion. They first claimed there was no ministration could not sink any lower, a penalty again this year to the Inter- need for legislation. Then subse- they always figure out another way. I nal Revenue Service. quently, they admitted there was, in recently learned that OSHA paid for 35 fact, a need as long as they could get a posthearing comments for the record b 1015 carve-out for themselves. on its proposed ergonomics rule. In ef- Their offense? They chose to be mar- How selfishly convenient. This issue fect, OSHA bureaucrats paid for what ried. When Congress tried to correct will not go away. Now, more than ever, they wanted the public to hear and did that inequity in the Tax Code this America’s database producers need suf- not allow real public comments to year, President Clinton said no. There ficient protection to ensure the contin- stand. To make matters worse, OSHA is hope for all of those American fami- ued investment in developing these in- paid for these comments with tax- lies who work hard every day to pay formation products. Their vulner- payers dollars. their taxes and support their families. ability remains as the pirates still sail This disregard for the mandated pub- They will have a chance to reduce their without fear. lic comment period tells a story of the tax burden by saying good-bye to the Rest assured, Mr. Speaker, I will do Clinton-Gore-AFL-CIO Labor Depart- Clinton-Gore team. everything I can next session to finally ment. Mr. Speaker, this outrage bears

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 22160 CONGRESSIONAL RECORD—HOUSE October 11, 2000 repeating. Instead of independent reac- He has fought against big oil, and yet Mattox, then I joined Jim in Congress, tion from the public at large, OSHA his family owes its fortune to Occi- John Bryant after that, and EDDIE BER- filled the ergonomics public records dental Petroleum. He fought against NICE JOHNSON following that. Oscar with comments from its own paid wit- Big Tobacco. In fact, in 1992, he said Mauzy will be truly missed by the peo- nesses. If you can believe it, the story that on his sister’s death that he swore ple of the State of Texas. gets worse. he would fight the scourge of Big To- f When the public comment period was bacco for the rest of his life. Well, 2 closed, OSHA allowed the ever-biased years later he was telling tobacco TODAY’S MILITARY SMALLER, National Institute for Occupational farmers that he was one of them. LESS CAPABLE, OVERWORKED Safety and Health, NIOSH, to submit This is a man who at one time is a AND LESS READY THAN 8 YEARS over 3 years of scientific literature chicken farmer, the next he is a to- AGO more than 6 weeks after the deadline. bacco farmer, the next he is an enemy (Mr. HANSEN asked and was given This, again, shows OSHA is hearing of Big Oil, the next he is a big pro- permission to address the House for 1 what it wants to hear, not what small tector of Big Oil. He is a very versatile minute and to revise and extend his re- businesses and the average American man. I wish he would make up his mind marks.) wants it to say. I strongly urge OSHA and tell the American people exactly Mr. HANSEN. Mr. Speaker, last week to stop this corrupt ergonomics rule- who he is. Vice President GORE mislead every making and start over with a clean, f American again. I am not talking fair, and objective rule-making proc- ASKING ADMINISTRATION TO about raising chickens. AL GORE ess. AGREE TO DEBT REDUCTION claimed that our military is the f PROPOSAL strongest in history. Our military is the best in the world today, but it is CONGRATULATING JACK ST. CLAIR (Mr. HERGER asked and was given KILBY simply not true that our military permission to address the House for 1 today is the strongest in history, not (Mr. SAM JOHNSON of Texas asked minute and to revise and extend his re- even by recent history. and was given permission to address marks.) One only has to look back to the the House for 1 minute and to revise Mr. HERGER. Mr. Speaker, 29 days 1980s to find a military force 40 percent and extend his remarks.) ago, this Congress sent President Clin- larger, with a much more robust capac- Mr. SAM JOHNSON of Texas. Mr. ton and Vice President AL GORE a pro- ity that could easily have engaged two Speaker, it is Nobel Peace Prize time posal to lock away 100 percent of the major threats on two separate fronts at again, and I rise today to congratulate Social Security and Medicare surpluses once. Today, the Joint Chiefs tell us another Dallas resident, Jack St. Clair and dedicate at least 90 percent of the that fighting two fronts could only be Kilby. total budget surplus for debt reduction. accomplished with high risk and sig- Mr. Kilby was awarded the Nobel Mr. Speaker, 29 days and still no nificant loss of life. Prize in physics. While you might not word from the Clinton-Gore adminis- Looking back at World War II, the know him personally, his invention tration. There will be an estimated $268 United States fielded an Army of over revolutionized the world. Shortly after billion surplus this fiscal year. 8 million soldiers and airmen. The joining Texas Instruments way back in Our question is simple: Should it be United States was fighting on three 1958, Mr. Kilby conceived and built the used to pay off our national public debt separate fronts in three separate geo- first electronic circuit, microcircuit. and protect Social Security and Medi- graphical areas of the world, and we Without question, his development care, or should it be spent on more gov- were winning all three. revolutionized the electronics industry, ernment spending? Republicans are for It is laughable to consider today’s gave us such things as the cell phone using the surplus to pay off the public force equal. If AL GORE believes today’s and satellite communications. His in- national debt and protecting Social Se- military is the best in history, he obvi- vention allowed us to explore space, fly curity. ously has not talked to thousands of to the Moon, and develop sophisticated Mr. Speaker, I urge the President and soldiers, airman and Marines who are medical tools. the Vice President GORE to join us and leaving in total frustration. Mr. Speaker, I extend my heartfelt put debt reduction and our seniors By any measure, today’s military is thanks and appreciation and congratu- ahead of spending and agree to our 90– smaller, less capable, overworked and lations to Mr. Kilby for his Nobel Prize 10 debt reduction proposal. less ready than it was 8 years ago. Any- award. He helped make America great. f one aspiring to be Commander in Chief f EULOGY TO THE HONORABLE should know that. ONE MORE TALL TALE FROM OSCAR H. MAUZY f TENNESSEE (Mr. FROST asked and was given per- CONFERENCE REPORT ON H.R. 4205, (Mr. SCARBOROUGH asked and was mission to address the House for 1 FLOYD D. SPENCE NATIONAL DE- given permission to address the House minute and to revise and extend his re- FENSE AUTHORIZATION ACT FOR for 1 minute.) marks.) FISCAL YEAR 2001 Mr. SCARBOROUGH. Mr. Speaker, a Mr. FROST. Mr. Speaker, yesterday few minutes ago, we heard from the was a sad day for Democrats across the Mrs. MYRICK. Mr. Speaker, by direc- gentleman from Pennsylvania (Mr. country, not only did our former col- tion of the Committee on Rules, I call PITTS) telling us the tall tales of AL league, Bruce Vento, die; but one of the up House Resolution 616 and ask for its GORE, and the gentleman is right. finest Democrats in the State of Texas, immediate consideration. There is a news article today about Oscar Mauzy, passed away yesterday. The Clerk read the resolution, as fol- how AL GORE was a chicken farmer of Oscar served in the State Senate for 2 lows: over 10,000 chickens. This is a very decades representing a district in Dal- H. RES. 616 versatile man. las. He served on the Texas Supreme Resolved, That upon adoption of this reso- He is also the inventor of the Inter- Court, and he stood for everything that lution it shall be in order to consider the net, the man who brought us the dog was good and decent in politics. conference report to accompany the bill pill story, the man who says he was the He stood for civil rights at a time (H.R. 4205) to authorize appropriations for reason for ‘‘Love Story’’; that was the when it was not popular in Texas. He fiscal year 2001 for military activities of the Department of Defense and for military con- first one to investigate Love Canal; stood for the rights of the consumer, struction, to prescribe military personnel that he was there when the Strategic and he blazed a trail that made it pos- strengths for fiscal year 2001, and for other Petroleum Reserve was invented, sible for progressive Democrats to be purposes. All points of order against the con- which he was not. elected in Dallas County. First Jim ference report and against its consideration

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are waived. The conference report shall be agreement that every Member of this SHOWS) and the gentleman from Mis- considered as read. body should support. But at the same sissippi (Mr. TAYLOR), two Democratic The SPEAKER pro tempore (Mr. time, every Member should be aware Members, offered comprehensive plans COOKSEY). The gentlewoman from that meeting these needs and priorities to address these inequities in the mili- North Carolina (Mrs. MYRICK) is recog- comes at a price. I happen to be one tary health care system for those men nized for 1 hour. who believes the price of defending our and women who have dedicated their Mrs. MYRICK. Mr. Speaker, for the Nation and ensuring peace around the careers to defending our country. purpose of debate only, I yield the cus- world is one worth paying. Mr. Speaker, while what is in this tomary 30 minutes to the gentleman This conference report authorizes conference agreement falls short of the from Texas (Mr. FROST), pending which $310 billion in spending for the Depart- original proposals made by the gen- I yield myself such time as I may con- ment of Defense and its programs, ad- tleman from Mississippi (Mr. SHOWS) sume. During consideration of this res- dressing shortfalls in readiness, fund- and the gentleman from Mississippi olution, all time yielded is for the pur- ing in modernization programs, and (Mr. TAYLOR), I am gratified that this pose of debate only. improving the quality of life for our conference report restores to military Mr. Speaker, only yesterday the military personnel and their families. retirees benefits they were promised Committee on Rules met and granted a Mr. Speaker, no one can argue the and in doing so begins to make good on normal conference report rule for H.R. fact that our military stands second to the commitment made to all of them 4205, the Fiscal Year 2001 Department none in the world. No campaign rhet- as they embarked on their careers. of Defense Authorization Act. oric can truthfully say that our Armed This conference report provides per- The rule waives all points of order Forces are not up to the job. But there manent lifetime TRICARE eligibility against the conference report and is no denying the fact that improve- for Medicare-eligible military retirees against its consideration. ment of readiness capabilities and con- and their families beginning in fiscal tinuing modernization are constant re- b 1030 year 2002 and restores the prescription quirements to ensure that we do not drug benefit by allowing those retirees In addition, the rule provides that fall into a condition that would find us who cannot access a military treat- the conference report shall be consid- shorthanded in an emergency. ment facility to participate in the De- ered as read. All that requires money, money that partment of Defense mail order and This should not be a controversial must come from a Federal budget with network retail pharmacy program. rule. It is the type of rule that we hundreds of competing interests. We grant for every conference report that While this benefit is not extended to must remember that education for our retirees before they reach Medicare eli- we consider in the House. children is also a national priority, But more importantly, Mr. Speaker, gibility, the provisions in this con- that protecting Social Security and ference report represent an important this should not be a controversial bill. Medicare and providing a Medicare pre- Once and for all, we are taking care of start and one that I say is long over- scription drug benefit for senior citi- due. military retirees by giving them zens is a national priority, and that re- I encourage the Committee on Armed TRICARE for life and by improving ducing the national debt should con- Services to continue to work on this their prescription drug benefit. Our tinue to be a national priority. issue and to especially strive toward military retirees were promised life- Americans understand this, and they ensuring these benefits can be used by time health care coverage when they know full well the folly of cutting retirees who live in rural areas, to en- enlisted, and so it is about time that taxes while increasing spending. I sure that reimbursement rates are ade- we fulfilled our promise to them. would remind my colleagues in this quate, and to provide a benefit for mili- Also, at long last, we are taking care House that we have gone down that tary retirees before they reach the age of our men and women in uniform. We road before. I am committed to ensur- 65. are getting them off of food stamps and ing that our Armed Forces are the best out of substandard housing. trained, best equipped, and the most We made a promise to those men and Finally, we are providing for our Na- ready in all the world. But we cannot women who were willing to put their tion’s general welfare by giving our lose sight of the fact that those forces lives on the line for their country. military the tools they need to win on are protecting a Nation that has other Now, we have an obligation to live up the battlefield. pressing needs. Let us not shortchange to it. I am extremely gratified that I urge my colleagues to support this our military, our children, or our sen- this provision will become law, and I rule and to support the underlying bill. ior citizens. want to thank the chairman and rank- Now more than ever we must provide Mr. Speaker, this conference report ing member for their willingness to see for our national security. contains many important provisions, this through. Mr. Speaker, I reserve the balance of but chief among them is one that keeps Mr. Speaker, retention of a trained my time. a promise made to the men and women and ready fighting force is one of the Mr. FROST. Mr. Speaker, I rise in who have chosen the military as a ca- greatest difficulties facing the military support of this rule and in support of reer and have served faithfully and well today. Long deployments and better of- the conference report. Mr. Speaker, for 20 years or more. fers in the civilian world have taken a this conference report provides the au- When I am back home in my district toll on the number of military men and thorization for the Department of De- in Texas, I often have the opportunity women who are willing to stay in and fense in fiscal year 2001 and, in doing to meet with some of the many mili- continue to serve. so, it provides for the defense of the tary retirees who live in the Dallas- While retention is improving, this United States and for the defense of Fort Worth area and, more often than conference report makes significant freedom and democracy around the not, they raise the issue of the lifetime improvements in the military standard world. health care they were promised when of living which should further assist in This conference report ensures that they chose to make the military a ca- reducing the number of service per- our military forces continue to be sec- reer. sonnel who leave. ond to none, and it ensures that now Cuts in the military budget and base The conference report provides a 3.7 and in the future our forces will be able closings have decreased the number of percent increase in basic pay, estab- to meet the demands of every mission facilities where military retirees can lishes a targeted subsistence payment they are assigned. go to receive health care. Even if those for those personnel who struggle hard- Mr. Speaker, this conference report facilities are available, they must est to make ends meet and provide for addresses the real needs and the real often wait far too long to see a doctor. their families, provides housing allow- priorities of our Nation’s armed serv- At the beginning of this Congress, ances which will assist junior military ices and is, therefore, a conference the gentleman from Mississippi (Mr. personnel to find suitable housing for

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 22162 CONGRESSIONAL RECORD—HOUSE October 11, 2000 themselves and their families, and pro- Mr. JONES of North Carolina. Mr. This conference report contains a vides active duty special pay and bo- Speaker, I thank the gentlewoman prescription drug benefit for seniors on nuses. from North Carolina for yielding me Medicare, but only those seniors on These are all important components this time. Medicare that are military retirees. in the ongoing efforts of the Congress Mr. Speaker, I rise in strong support Like the Democratic Medicare pre- and the administration to recruit and of this rule and conference report. scription drug plan, on which the ma- retain the men and women we need for Since I came to Congress almost 6 jority refused to allow a vote, this bi- our military forces. years ago, the Congress has made re- partisan prescription drug benefit is This conference report also increases building our military a top priority. guaranteed and administered by a Fed- readiness accounts and importantly in- Each year we have been able to make eral agency. cludes $222.8 million for spare parts for great strides towards this goal, and Unlike the Republican prescription aircraft squadrons in an effort to stop this bill is another critical example of drug plan, this bipartisan drug benefit the cannibalization of aircraft that has our efforts. does not throw military retirees to the occurred in the past. This defense bill is a great credit to whims of the private insurance compa- The conference report provides an in- the outstanding leadership of the gen- nies that say they will not offer such crease in funding for live-fire training tleman from South Carolina (Chairman insurance anyway. ammunition for the Army, Navy, and SPENCE) and also the strong leadership Like my bill, H.R. 664, the Prescrip- Marine Corps and significantly in- of the gentleman from Missouri (Mr. tion Drug Fairness for Seniors Act, creases the funding for improvements SKELTON), our ranking member. this bipartisan drug benefit gives sen- for training facilities for the National More importantly, it is a fitting trib- iors who are military retirees access to Guard and reserves. ute to those who serve our Nation in the best prices negotiated by the Fed- The conference report also funds the uniform and to those who have served. eral Government: the Federal supply weapons programs that are so critical This legislation takes concrete steps schedule price, the VA price, or an even to our military, and I am especially toward providing the proper resources lower price. gratified that the conference has in- to equip and train the military of Now, some in this body call H.R. 664 cluded $305.5 million for F–16 modifica- today, as well as making the invest- a price control bill. It is not since it tions and improvements for the Air Na- ments needed to support the military does not set prices. It allows the gov- tional Guard. of tomorrow. ernment to negotiate lower prices on Looking forward to the future, the It provides the proper financial sup- drugs. But if one believes H.R. 664 in- conference has provided $2.5 billion for port for our military personnel by pro- volves price controls, then surely this procurement of 10 F–22 fighters, the viding a 3.7 percent pay raise for those Department of Defense drug benefit in- next-generation Air Force fighter in uniform and by reforming the pay volves price controls. Both bills use the which will ensure our air superiority tables for those critical mid-career, same mechanism. over any force we might encounter. noncommissioned and petty officers. When this bill with the prescription Also included is $1.4 billion in re- This legislation invests heavily in drug benefit passed the House in May, search and development funding for the the important quality of life and 353 Members voted for it, including 208 F–22 program. The conference includes health care accounts to ensure that we Republicans. I ask those Members the $1.2 billion for the acquisition of 16 are not only able to recruit the best following questions: If Congress can MV–22 Osprey and $358.4 million for and brightest men and women in the provide a government-run prescription four CV-Osprey. military but also to keep them. That is drug benefit to one segment of the In addition, the conference includes extremely important to the defense of Medicare eligible population, military $154.2 million to accelerate the radar this Nation. retirees, why cannot it offer the same development for the CV–22 Special Op- Finally, by expanding access to kind of benefit to the rest of our Na- erations Variant. TRICARE and by providing a pharmacy tion’s seniors? These are all valuable investments in benefit to our Medicare-eligible retir- If Congress offers some seniors on the fighting capabilities of our Armed ees, this Congress is ensuring that a Medicare discount drug prices nego- Forces, and I am pleased that they are promise made is a promise kept. tiated by the Federal Government, why included in this agreement. Despite these great accomplish- cannot it offer the rest of our seniors Mr. Speaker, I should note this con- ments, we must also recognize that we on Medicare the same discount prices? ference does contain a significant new still have much work to do. We must The answer is we can. The reason we compensation plan for those Energy continue to address modernization and do not is the undue hold the pharma- Department employees who are ex- readiness accounts. We must eliminate ceutical industry has over the majority posed to dangerous levels of radiation, the inequity caused by the prohibition of this Congress. beryllium, and other toxic substances against receiving retiree pay and dis- Military retirees need and deserve while they work on the Nation’s nu- ability pay. We must continue to in- this bill’s prescription drug benefit. I clear weapons program. vest in the most important aspect of support it with enthusiasm. The trag- The agreement calls on the Congress our military, our people. edy is that Republicans will not do the to enact a compensation program by I thank the chairman and ranking same for all other seniors on Medicare. next July 31. I would hope that these member. I urge my colleagues to pass Mrs. MYRICK. Mr. Speaker, I yield 3 workers can count on the Congress to this important legislation for our men minutes to the gentleman from Florida act quickly in the 107th Congress to and women in uniform, past present (Mr. SCARBOROUGH). enact a legislative compensation pro- and the future. Mr. SCARBOROUGH. Mr. Speaker, I gram to assist them. Mr. FROST. Mr. Speaker, I yield 3 thank the gentlewoman from North Mr. Speaker, this is a very good con- minutes to the gentleman from Maine Carolina for yielding me this time. ference agreement. It was signed by all (Mr. ALLEN). Mr. Speaker, I would like to salute conferees, making it a truly bipartisan Mr. ALLEN. Mr. Speaker, I thank everybody that made this authoriza- agreement. I encourage all Members to the gentleman from Texas for yielding tion bill work. It is a bill to be proud support this rule and to support the me this time. of. conference agreement which provides Mr. Speaker, I rise in support of the The gentleman from South Carolina so much to every American. rule and the conference report. I com- (Mr. SPENCE), the committee staff, Mr. Speaker, I reserve the balance of mend the gentleman from South Caro- members of the conference committee my time. lina (Chairman SPENCE) and the gen- all came together and made a big dif- Mrs. MYRICK. Mr. Speaker, I yield 2 tleman from Missouri (Mr. SKELTON), ference on an issue that I have been minutes to the gentleman from North ranking member, for their hard work hearing about, not only since I first got Carolina (Mr. JONES). in putting together this legislation. elected in 1994, but heard about from

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00006 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22163 my grandfather who fought in World recognized for their bravery and their does not do everything the Promise War II, who gave his entire life to the work in the closing days of World War Act would do. The Promise Act would military, and yet, when he died, he was II, and also it will be an honor to Cap- offer military retirees the option to upset because his military and also his tain McVay, too. participate in the FEHBP, because government did not keep the promises Mr. FROST. Mr. Speaker, I yield 3 many retirees are not well served by that they made to him about military minutes to the gentleman from Mis- TRICARE. health care. sissippi (Mr. SHOWS), who has helped So while we congratulate ourselves Well, this bill makes a big difference lead the way on this issue of health on a job well done, we must remember and moves us in that direction where a benefits for our retirees. that this defense bill only begins to promise made to our brave fighting Mr. SHOWS. Mr. Speaker, I thank make good on the commitment we men and women when they first en- the gentleman for yielding me this made to our military retirees. We need listed is now being kept. time, and I appreciate his comments to pass the rest of the Keep Our Prom- Again, everybody involved in this very much. ise Act. It is the right thing to do. And process should be saluted: certainly the Mr. Speaker, I rise today to support I promise my colleagues that military gentleman from South Carolina (Mr. the defense authorization conference retirees across the country will keep SPENCE); his tireless committee staff; report. This bill will help promote a fighting for the benefits they were members of the conference committee; first-class military. When we pass this promised, earned and richly deserve. the gentleman from Indiana (Chairman bill today, a great victory will be won Mrs. MYRICK. Mr. Speaker, I yield 4 BUYER) on the House side that made a for our military retirees. minutes to the gentleman from Wash- big difference. On the Senate side, of The problem is that the military re- ington (Mr. HASTINGS). course, so many Senators helped out; tirees health care system fails to care Mr. HASTINGS of Washington. Mr. but also people like the gentleman for many of its people. This defense bill Speaker, I thank the gentlewoman for from Mississippi (Mr. PICKERING), who, takes a giant step in correcting this in- yielding me this time, and I rise in sup- along with me and some others, have justice for our military retirees. They port of the rule and in strong support been fighting and talking with the devoted their lives to defend this de- of the underlying legislation that will leadership about how important this is; mocracy. Many of them served in authorize spending for our Nation’s the gentleman from Georgia (Mr. NOR- World War II, Korea, and Vietnam. And military and spending for the Depart- WOOD), who has been fighting on mili- when they joined the service, they were ment of Energy’s nuclear sites. tary health care for so long; the gen- promised lifetime health care, just like This legislation represents a great tleman from North Carolina (Mr. the gentleman from Florida (Mr. SCAR- leap forward in our Nation’s military, JONES); and so many others who under- BOROUGH) was talking about awhile and I would like to especially con- stand we need a health care fix for our ago, and they were hopefully getting it gratulate the gentleman from South military retirees, and this does it. at military bases. Carolina (Mr. SPENCE) and the gen- In the old days, this system worked tleman from Missouri (Mr. SKELTON) b 1045 pretty well. But changes in the law for their great effort over the past 6 It does several things. First of all, it made it very difficult to get and base years to ensure that our Nation’s mili- is permanent. So it tells our military closures eliminated care for many re- tary is the best prepared in the world. retirees that they can give up their tirees and their families. Civilian retir- It is only appropriate that this legisla- supplemental health care insurance, ees can join the Federal Employees tion before us today bears the name of that they are going to be taken care of. Health Benefit Plan, which offers lots our colleague, the gentleman from It also gives continuity to those who of health care options. At 65, FEHBP South Carolina (Mr. SPENCE). are going to enlist in this TRICARE supplements Medicare and provides a Mr. Speaker, I would like to focus plan by allowing them to stay with very nice health care package when specifically on one provision that I am their physicians that they are with they need it the most. But TRICARE, especially pleased was included in the right now. How important that is. the military health plan, ends at age final conference report. In the 1999 Na- I will tell my colleagues that when I 65. Military retirees get Medicare but tional Defense Authorization Act, the first held TRICARE hearings across my nothing else if they cannot afford sup- Congress created the Office of River district back in 1997, I heard so many plemental insurance. Protection to manage the Nation’s military retirees and their families To correct this sad situation, and I largest environmental cleanup project, telling me that they cannot afford to want to mention my colleague on the which is in my district. The River Pro- get into any TRICARE plan because other side of the aisle, the gentleman tection project is charged with the safe they do not know how long it is going from Georgia (Mr. NORWOOD), and Sen- cleanup and vitrification of 54 million to last. Because of the fight of the ators TIM JOHNSON, JOHN MCCAIN, and gallons of highly radioactive liquid House conferees who said we must our esteemed colleague, Paul Cover- waste that is stored in 177 underground make this benefit permanent, we must dell, introduced the Keep Our Promise storage tanks at the Hanford Nuclear set up a trust fund and keep it in man- to America’s Military Retirees Act, Reservation in central Washington. datory spending, because of that, this H.R. 3573. The Keep Our Promise Act Over one-third of these tanks have program will not be doomed to failure. has united military retirees and fami- leaked over a million gallons to the This program will work, and it will lies across the country. Their bill- ground, which could potentially endan- keep the promise that was broken to boards, bumper stickers, e-mails, phone ger the Columbia River and the salmon my grandfather and millions of mili- calls, and letters to newspapers and populations within the Hanford Reach. tary men and women and their families Congress have educated us to their The Office of River Protection was and dependents who counted on the plight. Their persistence has gained the established to provide a streamlined promise being kept. Promise Act 306 cosponsors in the management structure that would Today is a great day, and I am proud House and 36 in the Senate. manage the program primarily at the that I am going to have an opportunity Mr. Speaker, we would not be here site to allow for quick decisions and to to vote for this bill, a bill that I believe today debating this issue today with- cut through the DOE bureaucracy that my grandfather would be proud of, out the grass roots support for the too often impedes cleanup projects. were he still alive. Shows-Norwood Keep Our Promise Act. Specifically, the head of the Office of I am also proud of another provision The defense bill accomplishes part of River Protection was charged with in here regarding a school project what the Keep Our Promise Act would managing all aspects of the River Pro- started by Hunter Scott. He was an do by extending TRICARE to military tection project and was to report di- eighth grader in my district when he retirees beyond age 65 as a supplement rectly to the Assistant Secretary of started this fight, and now the crew of to Medicare. This is a great step in the Energy for Environmental Manage- the U.S.S. Indianapolis is going to be right direction, but the defense bill ment.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 22164 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Unfortunately, DOE headquarters ment to save the drinking water for 25 tion program, eligible employees ex- has not followed the intent of this 1999 million citizens in the Southwest posed to beryllium, radiation, and legislation and continues to micro- United States. those working in gaseous diffusion manage the Office of River Protection. These provisions would move the plants will be entitled to a lump sum This micromanagement has contrib- largest uranium mine tailings pile that payment of $150,000 and medical care uted to unprecedented frustration has ever threatened a drinking water for their disease. among the stakeholders, the State of supply in the U.S. The dangerous radio- I want to thank Senator FRED Washington, other Federal agencies, active waste currently sits only 750 THOMPSON of Tennessee and Senator Congress, and certainly the Tri-Cities feet away from the Colorado River near GEORGE VOINOVICH of Ohio for their communities that I represent. Moab, Utah, where it threatens the leadership and dedicated efforts on be- This year’s defense authorization bill drinking water of one-seventh of the half of these workers. Without their ef- contains an amendment I offered in United States, including people who forts, we would not have this legisla- conference to clarify the role of the live in Las Vegas, Arizona, and the tion today nor any other compensation head of the Office of River Protection. Southern California urban areas of Los legislation. The amendment clearly states that the Angeles and, of course, the city I rep- Additionally, the bicameral bipar- Assistant Secretary of Energy for En- resent, San Diego. tisan compromise that was reached on vironmental Management shall dele- I want to thank my colleagues, the this program could not have been real- gate in writing responsibility for the gentleman from California (Mr. ized without the tireless efforts of the Office of River Protection to the head GEORGE MILLER) and the gentleman gentleman from South Carolina (Mr. of that office. Such delegation shall, at from Utah (Mr. CANNON), for their lead- SPENCE), the gentleman from Illinois a minimum, include authorities from ership in moving this pile, which is as (Mr. HYDE), the gentleman from Ten- contracting, financial management, big as 118 football fields, rather than nessee (Mr. WAMP), the gentleman from safety, and general program manage- what was previously suggested, which Texas (Mr. THORNBERRY), the gen- ment equivalent to the authorities of was capping it in place. We have all tleman from Kentucky (Mr. other operations offices of the Depart- fought for 3 years to prevent the Nu- WHITFIELD), and their dedicated staffs, ment of Energy. This delegation must clear Regulatory Commission from as well as Mr. Aleix Jarvis of my staff, be completed and submitted to Con- doing just that, capping the pile, be- who I want to thank for his efforts. gress within 30 days. cause that would ensure that the poi- I represent the Savannah River site. I want to make it very clear, Mr. sonous waste would continue to leach The workers there and at DOE facili- Speaker, to the Department of Energy into the Colorado River for almost 300 ties across the Nation dedicated their that Congress has taken this step be- years. lives to winning the Cold War. They did cause of our continuing concerns with This bill gives jurisdiction to move what their country asked of them. Un- the micromanagement of the office. It the pile to the Department of Energy, fortunately, the Government was not is time to put an end to this. I expect which has the expertise and experience always aware or up front about what the Department to immediately pro- to relocate it to a secure, permanent, they were being exposed to and the vide the necessary authority to the location, safely away from the Colo- dangers it presented to their health. head of the office for budgeting, con- rado River. I want to congratulate all Today we acknowledge our mistakes, tracting, and staffing. those who have worked so hard to ce- and I think it is only right that we cor- Further, I believe the Department ment this agreement into law instead rect this wrong. must transfer the regulatory unit, now of allowing the capping of this huge b 1100 under the management of the Richland pile of nuclear radioactive waste where This is a good bill. I think it is only Operation Office, to the head of the Of- it would nearly forever pollute the fitting that this legislation that does fice of River Protection, to comply Southwest’s drinking water. I urge the so much for so many years by so many with this legislation. Now is the time passage of this bill. bears the name of my friend and col- for the Department to recognize the Mrs. MYRICK. Mr. Speaker, I yield league, fellow South Carolinian (Chair- 21⁄2 minutes to the gentleman from unique mission that Congress has pro- man SPENCE) who has fought tirelessly vided to the Office of River Protection South Carolina (Mr. GRAHAM). for both the men and women in uni- and to assist, not hinder, the office to Mr. GRAHAM. Mr. Speaker, I thank form and for those who once wore the its completion of this vital project. the gentlewoman for yielding me this uniform. Mr. Speaker, this amendment would time, and I rise in support of the Floyd I encourage adoption of this rule and not have been possible without the sup- D. Spence Authorization Act and en- passage of the bill. port of the gentleman from South courage the adoption of this rule. Mr. FROST. Mr. Speaker, I yield 2 Carolina (Mr. SPENCE) and the gen- This legislation contains many provi- minutes to the gentleman from New tleman from California (Mr. HUNTER) sions that are important to the defense Jersey (Mr. PASCRELL). and others that were on the conference. of this great Nation and to our vet- Mr. PASCRELL. Mr. Speaker, I I also want to thank specifically the erans. However, I want to speak briefly thank the gentleman for yielding me staff, Pete Berry and Steve Thompson, on title 36 of the bill, which establishes the time. for assisting my office in working the Energy Employees Occupational Mr. Speaker, I rise in support of the through this legislation. Illness Compensation Program to pro- rule, H. Res. 616, which will allow the Accordingly, Mr. Speaker, I urge my vide timely, uniform, and adequate House to consider H.R. 4205, the Floyd colleagues to support this rule and the compensation to employees or their D. Spence National Defense Authoriza- underlying bill. survivors for illnesses incurred during tion Act for 2001. Mr. FROST. Mr. Speaker, I yield 2 the performance of their duties for the I am pleased that the Committee on minutes to the gentleman from Cali- Department of Energy’s nuclear weap- Rules crafted a rule that will waive all fornia (Mr. FILNER). ons program. points of order against the conference Mr. FILNER. Mr. Speaker, I thank The legislation requires the Presi- report. A blanket waiver is efficient the gentleman for yielding me this dent to submit to Congress by March 15 and would be consistent with the ac- time. of next year a legislative proposal that tions of this committee in the 106th We have heard several reasons for identifies the types and amendments of Congress. supporting this bill, including the pay compensation for individuals whose I also want to commend the members raise for our armed forces and the health was adversely affected by their of the House and Senate Committee on health care for our retirees. I want to work at DOE facilities, and the proce- Armed Services and applaud the con- add one more reason to vote for this dures for providing those benefits and ferees for their deliberation and consid- bill, and that is because of the provi- compensation. If Congress does not act eration of important measures included sions which enact an important agree- by July 31, 2001, to enact a compensa- in the legislation.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22165 I am pleased that the conferees re- clear workers suffering from beryllium plan, not to mention the funding for tained language from the Senate bill disease and other health problems re- new equipment and weaponry that will that establishes new and important re- lated to their work with radioactive greatly improve working conditions sources for our Nation’s firefighters. material have come to me for assist- and our readiness. The provisions in my legislation, H.R. ance, and we have always tried to get Mr. Speaker, this bill keeps our coun- 1168, the FIRE Act, are included in the them the help we could. But more try moving in the right direction, and DOD authorization bill. The level of needed to be done. I urge all of our colleagues to give it authorization may not be what we I especially want to congratulate my their full support by voting for this wanted it to be, but this is a beginning constituent Ann Orick who really led rule and voting for the bill. for our firefighters. the fight to call attention to the plight Mrs. MYRICK. Mr. Speaker, I yield 3 We have dedicated our efforts, Mr. and the problems of these sick workers. minutes to the gentleman from Cali- Speaker, to the six heroes who died in And I want to commend the gentleman fornia (Mr. MCKEON). Worchester, Massachusetts, the fire- from Tennessee (Mr. WAMP) and Sen- Mr. MCKEON. Mr. Speaker, I thank fighters. The $100 million that is au- ator THOMPSON who really led the bat- the gentlewoman (Mrs. MYRICK) for thorized for this year and the $300 mil- tle in this Congress to see that appro- yielding me the time. lion that is authorized for 2002 are sig- priate action was taken. I was pleased Mr. Speaker, I rise in strong support nificant attempts to help the 32,000 fire to assist them in their heroic efforts. of the rule for the Fiscal Year 2001 departments and the million fire- Now, hopefully, these workers will Floyd D. Spence Defense Authorization fighters throughout America. receive compensation and, much more Act. Paid, combination, volunteer depart- importantly, medical treatment for Mr. Speaker, as a member of the con- ments and emergency medical techni- their illnesses. They served our coun- ference, I am proud of the bipartisan cians will be eligible to apply for these try well and they deserve no less. bill the House and Senate agreed upon. grants. I want to urge adoption of this rule Over the last 8 years, the Clinton-Gore When appropriated, fire departments and adoption of this conference report. administration has cut defense spend- can hire personnel, purchase new and Mr. FROST. Mr. Speaker, I yield 3 ing to historic lows. In fact, the Serv- modernized equipment, provide fire minutes to the gentleman from Geor- ice Chiefs have testified that there is prevention education programs and gia (Mr. BISHOP). still a mismatch between resources and wellness programs for our firefighters Mr. BISHOP. Mr. Speaker, I thank requirements. The services are migrat- to modify outdated fire stations. It the gentleman for yielding me the ing funds from modernization accounts sends the dollars directly to the de- time. to operations and support accounts to partments to the communities in need Mr. Speaker, 3 years ago a bipartisan maintain current readiness. through competitive grants without majority here in Congress passed the This bill tries to lessen the current going through the State red tape. Defense budget that substantially in- Clinton-Gore impact on long-term I want to thank all 284 cosponsors in creased funding for the Armed Forces, readiness by increasing procurement this House, Mr. Speaker, for this im- launching a rebuilding process that is accounts by $2.6 billion and increasing portant legislation and for their sup- gradually addressing the deficiencies in research and development accounts by port and interest. I especially would readiness and quality of life in military $1 billion. like to thank the gentleman from service that had developed over many The bill includes $688.6 million for Maryland (Mr. HOYER). This is a vic- years of post-Cold War downsizing. the Joint Strike Fighter. Boeing re- tory for our firefighters. I am honored Rebuilding has not been as fast as I cently flew their concept demonstrator to have been part of it. And again, I would like and certainly not as fast as at Edwards Air Force Base, and their want to thank the committee, Mr. the men and women at the bases lo- competitor, Lockheed Martin, is sched- Speaker. cated in the part of Georgia that I have uled to fly their version later this Mrs. MYRICK. Mr. Speaker, I yield 2 the privilege of representing would month. minutes to the gentleman from Ten- like. But, on a bipartisan basis, we are We have included language in the bill nessee (Mr. DUNCAN). moving in the right direction. which will require the Department of Mr. DUNCAN. Mr. Speaker, I rise in For one thing, this bill authorizes a Defense to perform a cost study of final strong support of this conference re- reorganization plan prepared by Army assembly and checkout alternatives for port and the rule that brings this bill Secretary Caldera to shut down the the Joint Strike Fighter program. to the floor. I want to thank my good School of the Americas at Fort Studies have been done that show that friend the gentlewoman from North Benning, Georgia, and to open a new $2.2 billion can be saved by building the Carolina (Mrs. MYRICK) for yielding me program with a restructured cur- Joint Strike Fighter in California. The the time. riculum and with a strong independent Joint Strike Fighter may be the last There are many important functions oversight that includes congressional manned fighter ever built and is ex- of our Federal Government, Mr. Speak- representation on the school’s board of pected to be the fighter of choice by all er, but probably no more important or visitors. three services and our allies, as well. more legitimate function than pro- This program, which teaches profes- The Joint Strike Fighter is important viding for our national defense. And I sionalism and the principles of democ- to our defense and to our economy. think it is very, very appropriate that racy to Latin American military and Also included is $115.3 million for re- this very strong pro-defense bill is government personnel, is an important search and development to modify the named after our good friend, the gen- instrument of U.S. policy in our hemi- B–2 fleet. The B–2 Spirit of America is tleman from South Carolina (Chairman sphere; and I commend Congress for its the Air Force’s only all-weather, FLOYD SPENCE) who has been such a farsighted action on this issue. stealth, long-range bomber. The funds leader in this area for so many years. The bill also is commendable for will be used to enhance the B–2 capa- But I particularly want to thank the stepping up the process of raising the bilities making it far more capable conferees and everyone who has worked quality of life for all Americans who even than it was in Allied Force. so hard on the provisions for the sick are serving in our military and for A Link 16 and Center instrument dis- nuclear workers that the gentleman those who faithfully served in the past. play will give connectivity for in-flight from South Carolina (Mr. GRAHAM) just This includes the health care benefits re-planning. New bomb racks to carry detailed. for our veterans. And for active duty state-of-the-art weapons will increase While Oak Ridge is in the district of personnel, it includes a pay raise, new its lethality, and maintainability up- my friend, the gentleman from Ten- housing facilities and allowances, new grades will increase its survivability. nessee (Mr. WAMP), about half the peo- reenlistment incentives, new child care These are just a few examples of ple who work there live in my district. centers, new educational assistance modernization efforts we have funded Over the years, several Oak Ridge nu- and establishment of a thrift savings this year. Others have spoken of other

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 22166 CONGRESSIONAL RECORD—HOUSE October 11, 2000 things we have done to improve our them. The Government failed to sup- pensation package was a hard-fought readiness and enhance the quality of port compensation claims they filed. and long-overdue victory. life for our troops. This is a good bill The Government failed to do enough to b 1115 and a good rule, and I urge all my col- reduce exposure, provide education, leagues to support it. and detect early disease. The Govern- I want to thank the gentleman from Mr. FROST. Mr. Speaker, I yield 3 ment failed to support adequate re- South Carolina (Mr. SPENCE), the gen- minutes to the gentleman from Colo- search on treatment. And the Govern- tleman from California (Mr. HUNTER), rado (Mr. UDALL). ment failed to study and act on other and all of those on both sides of the Mr. UDALL of Colorado. Mr. Speak- occupation illnesses, including ones aisle who worked on this important er, I support this rule. I also will sup- now covered by the conference report compensation package, the gentleman port the conference report. now before us. from Tennessee (Mr. WAMP), the gen- The conference report does include Now, the good news is that things tleman from South Carolina (Mr. some things that I do not like. It omits have changed. Secretary Richardson GRAHAM) on our side, the gentleman some things also that I think should and the administration have reversed a from Colorado (Mr. UDALL), the gen- been included, especially the hate- decades-old policy of opposing workers’ tleman from Ohio (Mr. STRICKLAND), crimes provisions that were in the Sen- claims. Now we in the Congress need to the gentleman from Pennsylvania (Mr. ate bill and that the House instructed finish the job. Today, by approving the KANJORSKI) and others. This is an im- the conferees to accept. conference report, we can start to do portant piece of legislation. It corrects But I will support it because it in- just that. some long overdue inequities. cludes vital legislation to set up a sys- I am not saying this is perfect legis- I urge all of my colleagues to support tem of compensation and care for cur- lation. In fact, I think it can be further this Department of Defense conference rent and former nuclear weapons work- refined to include wages that workers report. ers made sick by on-the-job exposure to lost because of these illnesses. But we Mr. FROST. Mr. Speaker, I yield 2 radiation, beryllium, and other dan- are nearing the end of this Congress minutes to the gentlewoman from Cali- gers. and time is of the essence, so we should fornia (Ms. SANCHEZ). This has been a priority for me. For adopt this rule and pass the conference Ms. SANCHEZ. I thank the gen- over a year, I have been working with report in order to take this essential tleman from Texas (Mr. FROST) for colleagues from both sides of the aisle first step. yielding me this time. to achieve its enactment, and I am Mr. Speaker, we must pass this con- Mr. Speaker, as a member of the very pleased that the House today will ference report today. Committee on Armed Services, I rise in be voting on it. Mrs. MYRICK. Mr. Speaker, I yield 2 strong support of the National Defense This is a very important matter for minutes to the gentleman from Ken- Authorization Conference Report, H.R. our country. It is particularly impor- tucky (Mr. WHITFIELD). 4205. I would like to thank the gen- tant for many Coloradans because our Mr. WHITFIELD. Mr. Speaker, I, like tleman from South Carolina (Mr. State is home to the Rocky Flats site, others, rise in strong support of this SPENCE) and the gentleman from Mis- which for decades was a key part of the Fiscal Year 2001 Department of Defense souri (Mr. SKELTON), subcommittee nuclear weapons complex. conference report. chairs, ranking members and all com- Now that that site’s military mission I support this bill because we must mittee staff who have worked so hard has ended and we are working hard to reverse the downward spiral in defense to get this bill ready. have Rocky Flats cleaned up and spending that we have seen for more This year’s bill makes great strides closed, we need to work just as hard to than a decade. That spiral has seri- towards improving modernization, take care of the people who worked ously undermined our readiness, mod- quality of life and military readiness. there. ernization, recruitment, and retention First, military health care is getting The people who worked at Rocky efforts. on the right track, but there is still a Flats and the other nuclear weapons It has been my honor to represent the lot we need to do. Second, recruiting sites were part of our country’s defense men and women serving in the military and retention are showing signs of im- just as much as those who wore the at Ft. Campbell, Kentucky. This legis- provement, but it will be a constant uniform of an armed service. They may lation is important to them because it challenge during strong economies and not have been exposed to hostile fire, provides those soldiers a 3.7 percent changing demographics. but they were exposed to radiation and pay raise and provides up to $500 a One area that I have been working on beryllium and many other hazardous month to assist soldiers and families is to better inform our service mem- substances. And because of that, many who are forced to live on food stamps. bers about the true value of the total have developed very serious illnesses For our military retirees, this bill fi- compensation that they get in the while others will develop such illnesses nally fulfills the promise made when military. If younger service members in the future. they joined the service years ago. It fully understand the value of all their Unfortunately, they have not been el- guarantees a lifetime health care ben- benefits, then they may opt to stay in igible for veterans’ benefits and they efit for all retirees and their eligible military service more often. will be excluded from other programs family members. For Department of Third, I would like to commend the because they technically worked for Energy contract and vendor employees, committee on their work in improving DOE contractors and for far too long this bill establishes the first Federal the research and development ac- the Government was not on their side. program to compensate workers who counts, specifically science and tech- To explain what I mean, let me sum- have or will contract beryllium disease nology. R&D is the future of this Na- marize part of a recent statement by or certain cancers resulting from radi- tion’s defense. We should not short- Dr. Lee Newman as it affects nuclear ation exposure. change our future to fund today. Re- weapons workers. Dr. Newman says At a minimum, workers will be enti- search and development is critical be- these workers were ‘‘failed by the Fed- tled to a $150,000 lump sum payment cause it maintains our technological eral Government in at least eight plus medical expenses. For the employ- edge and helps our service people with ways.’’ ees that I represent at that Paducah the growing and changing needs of our The Federal Government failed to Gaseous Diffusion Plant who have been national security. adequately warn them. The Govern- unknowingly exposed to contaminated Finally, I would like to commend the ment failed to adequately protect uranium, plutonium, neptunium, and committee for looking at California as them. The Government failed to insti- other hazardous substances while pro- a potential production site for the tute medical monitoring. The Govern- ducing the materials needed to sustain Joint Strike Fighter. Building the ment failed to support investigation of our nuclear weapons arsenal through- Joint Strike Fighter in California a beryllium disease epidemic affecting out the Cold War, approval of this com- would save taxpayers billions of dollars

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22167 through State-sponsored economic in- pharmacy benefits; Extending the Tricare Sen- plete our work prior to adjournment, centives and by using existing produc- ior Prime Program; and, Reducing the we are able to present to the House a tion facilities. If we are asking tax- healthcare ‘‘out of pocket’’ expenses for all our strong agreement that furthers the na- payers to support the best manned, military retirees from $7,500 to just $3,000. tional security of this Nation. equipped, and trained fighting force in We can never fully repay the debt of grati- Mr. Speaker, this legislation rep- the world, actually in the history of tude we own the men and women who freely resents 6 years in a row that Congress the world, then we must ensure that it choose to serve in our armed forces. has increased the level of defense is as cost effective as possible for tax- However, these needed provisions maintain spending requested by the President. payers. our commitment, improve their quality of life, Consistent with the budget resolution, Mr. FROST. Mr. Speaker, I yield 1 and will truly make a difference in the lives of this bill authorizes $4.5 billion above minute to the gentleman from Massa- those who served and sacrificed for our nation the budget request in order to address chusetts (Mr. FRANK). with honor and distinction. urgent shortfalls in key readiness prob- Mr. FRANK of Massachusetts. Mr. I urge all my colleagues to support this rule lems, modernization and personnel ac- Speaker, I note with dismay but unfor- and this very important conference report. counts. The four military service tunately not with surprise that the Mr. FROST. Mr. Speaker, I urge chiefs, in testimony before the Armed hate crimes bill which got a majority adoption of the rule, adoption of the Services Committees, have repeatedly vote in both houses is absent from this conference report, and I yield back the itemized these shortfalls in great de- bill. balance of my time. tail. While this bill will not eliminate Let me say we have seen this sce- Mrs. MYRICK. Mr. Speaker, I yield these shortfalls, it will go a significant nario before, Mr. Speaker. A majority back the balance of my time, and I way toward addressing the most urgent vote, according to the rules, for a cer- move the previous question on the res- of these requirements. tain result and the people in power bla- olution. I have said many a time that we are tantly ignore the wishes of the major- The previous question was ordered. facing a military crisis in this country. ity. Now, that describes two recent sit- The resolution was agreed to. Notwithstanding the efforts of Con- uations: the Serbian presidential elec- A motion to reconsider was laid on gress, the readiness and combat effec- tion and the conference committee on the table. tiveness of our Armed Forces continue the defense bill. In the case of the Ser- Mr. SPENCE. Mr. Speaker, pursuant to decline. Irrespective of who wins the bian election, when the Milosevic re- to House Resolution 616, I call up the election in November, America faces a gime refused to pay attention to ma- conference report on the bill (H.R. 4205) fundamental national security choice jority rule, the people found a way to to authorize appropriations for fiscal next year. Either we accept our role as remedy it. Here, a majority in both year 2001 for military activities of the the sole global superpower and step up houses voted, a significant majority, Department of Defense, for military and provide our military with the asso- for the hate crimes bill. Yet the people construction, and for defense activities ciated necessary resources, or we de- in power, emulating Milosevic, have of the Department of Energy, to pre- cline this difficult responsibility and decided to repudiate the results of the scribe personnel strengths for such fis- start to walk away. I believe the choice election. I hope a similar result will cal year for the Armed Forces, and for should be clear, but continuing to at- ensue. other purposes. tempt to fulfill our superpower respon- Ms. PRYCE of Ohio. Mr. Speaker, I rise in The SPEAKER pro tempore (Mr. sibilities on the cheap is simply no strong support of both the rule and the con- COOKSEY). Pursuant to House Resolu- longer an option. We are running our ference report for the Floyd Spence National tion 616, the conference report is con- military into the ground, continuing to Defense Authorization for Fiscal Year 2001. sidered as having been read. lose our most valuable national re- First let me congratulate Chairman SPENCE, (For conference report and state- source, our men and women in uniform, Ranking Member IKE SKELTON, and all the ment, see proceedings of the House of and falling further behind the urgent conferees for their hard work and dedication to October 6, 2000 at page H9053.) need to recapitalize the force. the men and women who serve in our armed The SPEAKER pro tempore. The gen- With that admonition, Mr. Speaker, I forces. tleman from South Carolina (Mr. want to briefly cover two aspects of the I know that this was a difficult conference, SPENCE) and the gentleman from Mis- conference report that deserve par- with many hard issues to resolve, however the souri (Mr. SKELTON) each will control ticular attention. Others will highlight end product before us today has certainly 30 minutes. the other important provisions in the been worth the wait. The Chair recognizes the gentleman conference report. Mr. Speaker, I am specially grateful to the from South Carolina (Mr. SPENCE). First, this bill continues the work conferees for including important provisions, Mr. SPENCE. Mr. Speaker, I yield started by Congress last year in ad- which address the needs of thousands of myself such time as I may consume. dressing the serious problem facing our workers, including workers in my home state Mr. Speaker, the fiscal year 2001 de- military retiree programs. Last year, of Ohio, who were exposed to dangerous lev- fense authorization bill has been a bi- we successfully reformed the military els of radiation, beryllium, and other toxic sub- partisan effort from start to finish. In retirement system and restored con- stances while working on our nation’s nuclear May, the bill was reported out of the fidence in a program that had lost its weapons programs. Committee on Armed Services on a appeal in attracting and retaining our While these workers never served in our vote of 56–1. Later in May, the bill best and brightest Americans into mili- military, they nevertheless helped us to win passed the House on a vote of 353–63. tary service. This year, we continued the Cold War. Now, I am pleased to report that all this support by tackling an even Sadly, many of these workers today are suf- Armed Services Committee conferees thornier problem, the military health fering from debilitating diseases directly re- in both the House and the Senate have care system, and, in particular, access lated to plant conditions. chosen to sign this conference report in to adequate health care by the oldest The compensation package, included in this the latest reflection of the broad bipar- portion of our military retirees, those conference report represents a major step in tisan support for this legislation. who currently lose access to military recognizing their service and will provide This is not to mean that this has care when they become eligible for needed help and assistance to these individ- been an easy process. We faced having Medicare. uals and their families, who are suffering from to reach agreement on over 800 legisla- This conference report allows Con- illness due to exposure. tive provisions, dealing with a broad gress to finally fulfill the pledge given Mr. Speaker, I would also like to commend range of topics, many having little or to millions of military retirees that the conferees for helping to keep our promise nothing to do with defense. However, they would receive lifetime medical to our military retirees, their families, and their with the strong cooperation of all coverage in exchange for their selfless survivors by: Restoring military healthcare as Members on both sides of the aisle and military service to the Nation. The a benefit for life; Providing comprehensive a determination to once again com- conference agreement would establish

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00011 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 22168 CONGRESSIONAL RECORD—HOUSE October 11, 2000 a permanent program for all Medicare Armed Services Committee for sharing provided Congress approves a new eligible military retirees and depend- our mutual commitment to complete agreement; establishes a permanent ents to receive lifetime coverage under the conference report in spite of over- pharmacy benefit with access to the the TRICARE health care program. whelming odds. It is this continued bi- national mail order program and retail The bill would also provide a much- partisan and bicameral commitment pharmacies; and reduces catastrophic needed expansion of prescription drug that allows Congress to provide this expenses from $7,500 to $3,000 for re- coverage to ensure that all retirees critical legislation every year. tired TRICARE beneficiaries. have full access to this critical mili- Finally, I want to single out the ex- Mr. Speaker, for active duty service tary benefit. traordinary efforts of my friend and members and their families, the con- Finally, the conference agreement colleague the gentlewoman from Jack- ference report provides TRICARE recognizes the need to continue to ag- sonville, FL (Mrs. FOWLER) who as a Prime Remote to active duty family gressively improve the TRICARE sys- senior member of the committee and of members; eliminates copayments for tem program as it takes on an ex- the House leadership team has been an active duty family members in panded beneficiary population. indispensable ally in helping us arrive TRICARE Prime and TRICARE Prime Mr. Speaker, the second area I want- at the best possible outcomes on so Remote; phases in chiropractic care to ed to briefly cover involves the dif- many issues. active duty personnel; reimburses cer- ficult question of how best to com- Mr. Speaker, this legislation is im- tain travel expenses for military fami- pensate Department of Energy and con- portant to our troops, to our military lies who must travel to a referred spe- tractor employees suffering from the families, to our military retirees, and cialist; eliminates certain referral re- ill effects of exposure to radiation and to the continued protection of our na- quirements for specialty care; and im- other hazardous substances. This be- tional security. It deserves a strong proves TRICARE claims processing and comes one of the most difficult issues reduces costs. in conference and it raises a series of vote of confidence in this body. I would In addition to these health care im- very complex and difficult policy ques- ask my colleagues to vote accordingly. provements, I am pleased that the con- tions. However, I am pleased to note Mr. Speaker, I reserve the balance of ference report includes increases in that the conference agreement includes my time. funding for the procurement of weap- landmark legislation establishing a Mr. SKELTON. Mr. Speaker, I yield ons, ammunition and equipment, for new energy employees occupational ill- myself 5 minutes. ness compensation program. This pro- Mr. Speaker, I rise in strong support research and development, and for op- gram establishes statutory eligibility of the conference report to accompany erations and maintenance. The conference report supports the for workers exposed to radiation, beryl- H.R. 4205, the Floyd D. Spence National important Army transformation initia- lium and silica in the course of car- Defense Authorization Act for Fiscal rying out their work in the United Year 2001. tive, recognizing the need for the Army to build a medium weight force that is States nuclear weapons complex. I be- b 1130 capable of quickly deploying to a full lieve this is a just and fitting response It is appropriate that this bill has by Congress to the tragic situation fac- spectrum of contingencies. been named in honor of our distin- Mr. Speaker, I am pleased that this ing these courageous Americans who guished chairman, the gentleman from played an important but often unrecog- conference report includes authoriza- South Carolina (Mr. SPENCE). I want to nized role in helping us win the Cold tion for the Energy Employees’ Occu- commend him for his leadership pational Illness Compensation Pro- War. throughout the long and sometimes Mr. Speaker, this conference report gram. This program will help com- difficult deliberations on this legisla- is a result of hundreds of compromises pensate those thousands of workers tion. We produced an excellent bill for with the Senate. In this regard, the who become ill from exposure to dan- outcomes are not all what we would national defense, and this conference gerous levels of radiation, beryllium, like them to be. However, it remains a report deserves the support of all the and other toxic substances while they sound and balanced proposal that de- Members in the House. worked in our Nation’s nuclear weap- serves the full support of my col- This conference report builds upon ons programs. These workers are the leagues. That is what conferences are the President’s budget proposal for de- unsung heroes of our victory in the all about, compromise. We are able to fense and makes important improve- Cold War, and it is only appropriate bring this legislation today before us ments in military quality of life, readi- that we acknowledge their sacrifice as a result of the hard work and com- ness, and modernization programs. and compensate them for their ill- mitment to success by all conferees in Moreover, this bill will keep the prom- nesses. both parties on both sides of the aisle, ise of lifetime health care for all mili- Mr. Speaker, this conference report from both houses. In particular, the tary retirees. We have been working to is the result of cooperation and com- critical roles played by the Committee make this the year of military health promise between the House and the on Armed Services subcommittee and care, and I am proud of those Members Senate and between Members of both panel chairmen and ranking members of our committee on both sides of the sides of the aisle. It deserves strong bi- deserve mention. We unfortunately lost aisle who worked so diligently to im- partisan support, and I urge all Mem- our good friend and Readiness Sub- prove health care for our military re- bers to vote for the approval of this committee chairman Herb Bateman be- tirees, as well as for the active duty conference report, which is named ap- fore we began the final work on our service members and their families. propriately so for our chairman, the bill. But Herb’s characteristic imprints I want to especially recognize the ef- gentleman from South Carolina (Mr. are all over this bill and its many pro- forts of the gentleman from Indiana SPENCE). visions to shore up sagging military (Mr. BUYER) and the gentleman from Mr. SPENCE. Mr. Speaker, I yield 2 readiness. I also want to thank my Hawaii (Mr. ABERCROMBIE), the chair- minutes to the gentleman from Cali- friend, the gentleman from Missouri man and ranking member of our Sub- fornia (Mr. HUNTER), the chairman of (Mr. SKELTON), for another very pro- committee on Military Personnel, and our Subcommittee on Military Pro- ductive effort in guiding this bill the gentleman from Mississippi (Mr. curement. through the process in an open and bi- TAYLOR), who has been a leader in this Mr. HUNTER. Mr. Speaker, I thank partisan fashion. In our committee, bi- effort from the beginning. the chairman, the gentleman from partisanship is not merely talk. It is For military retirees, the conference South Carolina (Mr. SPENCE), for yield- the only way to approach the very dif- report provides permanent medical ing me this time. ficult national security issues we must coverage under TRICARE for military Mr. Speaker, I want to congratulate address. retirees over age 65; expands and makes the gentleman from South Carolina I also want to thank Chairman WAR- permanent TRICARE Senior Prime, (Mr. SPENCE) also for his great leader- NER and his colleagues on the Senate also known as Medicare Subvention, ship in maneuvering this bill through

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22169 some pretty tough waters here in the and this year’s authorization uses the Colorado floodplain to another location last several weeks, and the gentleman power of technology to equip those in the State of Utah. from Missouri (Mr. SKELTON) for his forces to do a more effective job and Is this the understanding of the gen- leadership; and also for my ranking with less risk to our troops. It begins tleman of how this provision will oper- member, the gentleman from Virginia to outfit those troops to meet the mis- ate? (Mr. SISISKY), who worked as my part- sions they are likely to face today and Mr. SPENCE. Mr. Speaker, will the ner to help put together the procure- tomorrow. We authorize and fully fund gentleman yield? ment package that is manifest in this the Army’s bold effort to become faster Mr. BARTON of Texas. I yield to the bill. and more mobile without losing its gentleman from South Carolina. Mr. Speaker, let me just run over a punch. The Air Force will move into Mr. SPENCE. Mr. Speaker, I want to few things that we did for the services. the 21st century with the immensely thank the gentleman from Texas (Mr. The Army General Shinseki needed a capable F–22 fighter; and the Navy gets BARTON) for his inquiry. light armored force that could be new technology, ships and creative Mr. Speaker, the gentleman is cor- quickly moved around the world to ways to buy them that will defend the rect. We expect the Secretary will de- react to emergencies. We do not have taxpayers’ wallets. velop a remediation plan that fully that capability right now. We have The procurement program in this bill considers the recommendation of the heavy armor, and we have soft bodies does not provide all the answers, but it National Academy of Sciences in order in the airborne groups. We do not have should eliminate a lot of questions to reach an objective determination by that ability to move a light armor about whether America’s military is the Secretary on whether the pile around; and he is working to develop ready for today’s challenges. should be relocated or simply treated that transformed Army, and we re- Finally, let me commend my friend in place. warded his initiative with some money and subcommittee chairman, the gen- Mr. BARTON of Texas. Mr. Speaker, to put these first several brigades of tleman from California (Mr. HUNTER), I thank the distinguished chairman of new Army units together. for the cooperation he and the staff the Committee on Armed Services for He is moving out on that program. showed in putting our title together. I his response. With respect to the Navy, we preserved commend to the attention of other Mr. SKELTON. Mr. Speaker, I yield 1 the option to keep some 688 submarines Members the fact that the staff of the minute to the gentleman from Mary- that otherwise would be junked or re- Committee on Armed Services is bipar- land (Mr. HOYER). tired because of refueling costs. We put tisan in intent and in effect. In large Mr. HOYER. Mr. Speaker, I thank in money to refuel them so we can get part, this is why this bill turned out so the gentleman from Missouri (Mr. that attack submarine force up from well for the country and for Members SKELTON) for yielding me this time. the 56 or so boats that we have now up interested in national defense. Mr. Speaker, I want to say I adopt to around 65 or 70. The bottom line is, we must never the remarks made by the ranking With respect to the Air Force, we re- forget why we are here and what this member and the chairman as well as instated the caps for the F–22; but we bill is really for. This bill supports the my friend, the gentleman from Vir- gave a little breathing room, a percent great young military men and women ginia (Mr. SISISKY), with respect to this and a half of breathing room, for EMD who protect our freedom. It provides bill. I am a strong supporter of its pro- so they can have a robust testing and equipment and training, keeps commit- visions as it deals with readiness and manufacturing program for the F–22. ments for health care and supports as it deals with quality of life for our We think that is important for the Air their families. I ask all my colleagues members of the armed services. Force. to support this conference report. I want to talk about really an extra- Now we still have major problems Mr. SPENCE. Mr. Speaker, I yield neous provision on this bill which I am with procurement, and we are spending such time as he may consume to the very pleased with. The National Com- $30 billion too little annually to up- gentleman from Texas (Mr. BARTON), mission on Fire Prevention and Con- grade the force structure that we have for the purpose of a colloquy. trol issued a report in 1973 called Amer- now to keep modern equipment in the Mr. BARTON of Texas. Mr. Speaker, ica Burning. For the Fire Service, this force structure that we have now. this will be very brief also. I want to was a turning point in its 350-year his- The Joint Chiefs testified the other clarify an aspect of section 3303 of the tory. This is another turning point. day, General Shinseki, that we are $3 conference report which provides in The fire package attached to this con- billion short on critical ammunition part for the cleanup of uranium mill ference report is a scaled-back version supplies for the Army. The CNO testi- tailings from the former Atlas uranium of legislation offered by my good fied that we have about a 50 percent mine. friend, the gentleman from New Jersey shortage of Tomahawk missiles and the The bill language directs the Sec- (Mr. PASCRELL). The gentleman from Air Force said we are 50 percent short retary of Energy to prepare a remedi- New Jersey (Mr. PASCRELL) has cham- of munitions. We have a lot of ground ation plan with the help of the Na- pioned his fire act tirelessly for the to make up. We are going to try to do tional Academy of Sciences to deter- past 2 years. Some told the gentleman that in the next year or so, but this mine the right way to remediate this from New Jersey (Mr. PASCRELL) that was a good bipartisan bill and a good site. Elsewhere in this provision is it would not happen. start. other bill language which appears to I note that on the floor today, as Mr. SKELTON. Mr. Speaker, I yield 2 define remediation as being relocation well, is my good friend, the gentleman minutes to the gentleman from Vir- of the tailings pile. I am concerned from Pennsylvania (Mr. WELDON), who ginia (Mr. SISISKY). that someone might view this language cochairs the Fire Service Caucus with Mr. SISISKY. Mr. Speaker, my col- as authorizing removal of the tailings me. He and I are still working on get- league and friend, the gentleman from pile regardless of the findings of the ting an additional $100 million in emer- California (Mr. HUNTER), did not tell NAS or the remediation plan developed gency funds available for our fire fight- the whole story; but this conference re- by the Secretary. ers. port includes over $63 billion for pro- My understanding is that we are au- To the credit of the gentleman from curement. That is a lot of money, but thorizing an objective threshold deter- New Jersey (Mr. PASCRELL), he never I believe it gets America more than the mination by the Secretary of Energy, lost faith. He pushed and working to- number might indicate. In fact, I would with the advice of the National Acad- gether with all of us in the Fire Service call this America’s first true post-Cold emy of Sciences, on whether or not the Caucus, and I note the gentleman from War defense budget. Atlas pile needs to be moved, and that New Jersey (Mr. ANDREWS) is also on The reduction in the size of our mili- only if a determination to move the the floor with me. We have one of the tary forces begun in 1990 is largely pile is made would the condition apply finest pieces of legislation for fire complete. Troop numbers are stable, that the pile must be moved out of the fighters this Congress has ever passed,

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and I thank the chairman. I thank the massively increasing use of our troops SKELTON), the ranking member, for a ranking member, the gentleman from and a total disregard for proliferation. good, good job, and of course the other Missouri (Mr. SKELTON), and Senator Therefore, our rogue state enemies Members and the staff. WARNER as well, for their leadership have technologies that we did not ex- I would be remiss if I did not ac- and help on this, and congratulate the pect them to have for 15 or 20 years be- knowledge the significant contribu- gentleman from Pennsylvania (Mr. cause arms control agreements have tions of our recently deceased sub- WELDON) for his work on this as well. not been enforced. In the R&D area, committee chairman and colleague, To his credit, he never lost faith. He pushed, the administration cut R&D spending Herb Bateman. He contributed immeas- cajoled, and lobbied tirelessly to move his leg- by 25 percent over the last 8 years. We urably to the committee, the Congress, islation forward. As a cochair of the Fire Cau- have gradually tried to reverse that. and the Nation. Few have been willing cus I would like to thank him, the Fire Service This year’s bill adds a billion dollars to take the extra steps and extraor- organizations and literally thousands of fire under the R&D account lines. dinary measures he took while serving this great Nation. We will sorely miss fighters from across the Nation for all their b 1145 hard work. him. I would also like to thank my fellow cochairs We focus on the three newest threats We will also miss the active partici- ROB ANDREWS, CURT WELDON, and SHERRY that we see emerging in the 21st cen- pation and support of my good friend, BOEHLERT for all their leadership on this issue. tury: the gentleman from Virginia (Mr. PICK- Mr. Speaker, as I said before this is a wa- One, the threat of missile prolifera- ETT), the gentlewoman from Florida tershed moment for the Fire Service and I tion. We increase funding for both the- (Mrs. FOWLER), and the gentleman from urge all my colleagues to support the con- ater missile defense and national mis- Missouri (Mr. TALENT), who have cho- ference report. sile defense; sen not to return to this body next ses- Mr. SPENCE. Mr. Speaker, I yield 3 Two, the threat from the use of weap- sion. We wish them well. minutes to the gentleman from Penn- ons of mass destruction, and we in- Mr. Speaker, on balance, I believe the sylvania (Mr. WELDON), the chairman crease funding significantly in that readiness portion of the bill is a signifi- of our Subcommittee on Military Re- area; cant and prudent step in the right di- search and Development. Finally, the threat from information rection. It is not all that I would like Mr. WELDON of Pennsylvania. Mr. warfare or cyberterrorism. We increase to see, but we could definitely not sat- Speaker, first of all, I want to thank funding in that area. We created a spe- isfy all the different requests that we our distinguished chairman, the gen- cial core of young people to deal with had. tleman from South Carolina (Mr. the issue of information dominance and This year, just over $1 billion have cyberterrorism. been added to the readiness accounts. SPENCE), for this conference report. No We also deal with the issue of estab- Members will find increases for those one has done more in this Congress lishing a Federal-wide national data activities that contribute directly to over the past 6 years and beyond on be- fusion center. increased readiness. Funding has been half of America’s national security Several Members have talked about included for flying hours for the Air than the gentleman from South Caro- an add-on to the bill. Contrary to what Force and Naval Reserve units, depot lina (Mr. SPENCE). He has been a tire- has been said, it was an entirely new maintenance for active and reserve less advocate for our military, and it is initiative for our domestic defenders. components, real property mainte- appropriate that we name this bill in It has not just one part, but seven key nance, the Marine Corps’ corrosion his honor. It has been my pleasure and parts. control program, army range mod- honor to serve with him and under First of all, it takes technology from ernization, impact aid funding, cold him. the military and establishes a delib- weather equipment for personnel, and Equally, I am proud to serve with the erate mechanism with the fire service other items too numerous to mention gentleman from Missouri (Mr. SKEL- groups to transfer that technology to here. TON), a real gentleman and someone our domestic defenders. Many of the programs we were able who is always doing what is best for Number two, it elevates our fire and to fund in the bill address the our service personnel. I want to pay EMS community to get first access to Services’s unfunded requirements. special attention to those Members surplus equipment that the military no There are also a number of policies who will not be coming back with us. longer has a need of. that will have a direct impact on readi- We lost Herb Bateman this year, one of Number three, it includes the bill au- ness. For example, we tasked the De- our real giants in the Congress. We all thored by the gentleman from Texas partment to provide the Congress in- miss him because of his leadership on (Mr. BRADY), our good friend, which I formation on requirements to reduce defense issues. cosponsored with him, to deal with a the backlog in maintenance. I want to add our thanks to the gen- $10 million authorization for Hepatitis I ask my friends and colleagues to tlewoman from Florida (Mrs. FOWLER) C demonstration projects in both our support this nonpartisan bill. It is a and the gentleman from Ohio (Mr. KA- cities and within the military emer- good bill. We request their vote. SICH) for their service on the com- gency response community. Mr. SPENCE. Mr. Speaker, I am mittee, but I want to especially single Number four, it has the military look pleased to yield 31⁄2 minutes to the gen- out my good friend, the gentleman at the whole access of frequency spec- tleman from Indiana (Mr. BUYER), from Virginia (Mr. PICKETT). He has trum, and to deal with that. chairman of the Subcommittee on been my ranking member on the sub- It also includes a provision for fund- Military Personnel. committee for 6 years. I am proud of ing. Mr. BUYER. Mr. Speaker, I thank the fact that we have never had a split These are all new initiatives. It is the the gentleman for yielding time to me. vote on any issue in 6 years. Now, that domestic defender package. I am proud I do not believe I could take 3 min- speaks to how we can work together that this Congress for the first time in utes to describe all of the work that with almost 30 members of the com- 40 years did something besides talk has been done in the personnel section mittee on issues that are important to about the fire service in America. of this bill, so I want to take a moment America’s security. Mr. SKELTON. Mr. Speaker, I yield 2 and pay some tribute and thanks. I thank the gentleman from Virginia minutes to the gentleman from Texas I want to thank in particular the (Mr. PICKETT) for being an outstanding (Mr. ORTIZ). chairman, the gentleman from South American. I appreciate his work. Mr. ORTIZ. Mr. Speaker, I rise in Carolina (Mr. SPENCE), and the gen- In terms of the overall bill and R&D, strong support of H.R. 4205, the Chair- tleman from Missouri (Mr. SKELTON), we made the best of a bad situation. In man Floyd Spence National Defense because when the Buyer proposal to ex- my opinion, this bill is not adequate to Authorization Act for fiscal year 2001. tend health care for life to the military meet the defense needs when we couple I would like to thank my good friend, retirees came up, they said yes. They the decreasing defense spending with the gentleman from Missouri (Mr. backed it up.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00014 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22171 Then they went to the leadership, I appreciate the kind remarks from the Bateman, who worked so hard on the and the gentleman from Illinois (Mr. gentleman from Missouri (Mr. SKEL- readiness portion of this bill. Herb’s HASTERT), the Speaker of the House, TON). I also want to thank the gen- contributions to this legislation were said yes, and put the pressure then on tleman from South Carolina (Chairman critical, and this bill may be the best the Senate; not that the Senate did not SPENCE) for his leadership on the Com- evidence ever of his unyielding com- particularly want to go in that direc- mittee on Armed Services, and particu- mitment to our Nation’s military read- tion. They have their own problems in larly I want to thank the gentleman iness and our men and women in uni- the Senate. But in fact, the conference from Pennsylvania (Mr. WELDON), form. committee came together, and we are chairman of the Subcommittee on Mr. Speaker, make no mistake about keeping faith with America’s veterans. Military Research and Development, it, we do have a readiness crisis in our Let us talk about motive for a mo- for being such a pleasure to work with military today. Last year, during a ment. I am going to make an appeal to on this subcommittee. visit to Naval Air Station Jackson- the country. Why should we be doing The conferees are to be commended ville, I learned that only four of 21 P– this? I think it is very simple. The mo- for this conference report, and in par- 3 aircraft based there could even get off tivation behind my efforts is this: ticular, for the military research and the ground due to spare parts shortages When I think of the World War II and development program. The level of au- and other maintenance shortfalls. the Korean War veterans, who are now thorization for R&D provided over and I checked back on the status of the over 65, they fought for freedom. above the administration’s request, wing just last month, a year later, to They were truly crusaders. They some $1 billion more, provides an im- see how many of those aircraft now fought for no bounty of their own. pressive total of $38.8 billion for re- were rated mission capable. The num- They protected the borders and the in- search, development, tests, and evalua- ber had risen. Now seven out of the 21 terests of our Nation, as they also tion. The report strikes an excellent could fly, but of those seven, only two sought freedom for people around the balance between mature R&D programs were fully mission capable. world. Yet, when they came home and and investment for additional leap- Meanwhile, this administration’s then they retired, and now they are ahead technologies. own Defense Science Board Task Force over 65, they are not free. How ironic Major programs, such as the F–22 on Quality of Life has found that the that those who fought for freedom are Raptor, Comanche, and Army Trans- majority of our military and family not free. formation Plan, will continue as pro- housing is unsuitable. The current People say, ‘‘What do you mean, grammed. In addition, the report deals Navy building replacement rate is Steve, they are not free?’’ They do not responsibly with the Joint Strike roughly 175 years. In the Air Force have freedom of movement. They re- Fighter program, given recent program alone today, we have a real property tired next to a medical treatment facil- slippage, and also robustly funds anti- maintenance backlog of some $4.3 bil- ity. Then we go through a base closure, submarine warfare initiatives. lion. Our most recent readiness reports and then all of a sudden they lose that The outcome for the DD–21 program indicate that over half of the Army’s retirement benefit. should give the Department ample combat training centers scored the This bill gives freedom, freedom to room to make successful adjustments lowest possible rating, a C–4. those who fought for it. They now do in this program. Investments for leap- I want to just quote a General com- not have to live next to a military ahead technologies included in this manding one of those elite training medical treatment facility. They can conference report represent an even schools: ‘‘This mode of operation can- live anywhere they choose around the greater commitment to confront the not be sustained another year without country. If they want to go now to be evolving asymmetrical threats of the incurring unacceptable safety risks and with their children so they can spend future. out the years with their grandchildren, The conferees agreed to provide addi- severe training quality degradation.’’ they can do it. tional assistance for combatting ter- These are not the exceptions, these We also included in here a pharmacy rorism, for overhead reconnaissance are the rule. They should remain trou- benefit that is an earned benefit. What capabilities, and for enhancing the se- bling to every Member of this body. we sought to do is to give that over 65 curity measures for information sys- This outstanding bill goes to correct military retiree the greatest arena of tems. some of these troubling readiness choice. So now they can go to the med- Other provisions also provided addi- issues. ical treatment facility for their drugs tional investments for an assortment Among other things, this bill would authorize if they like, they can utilize the mail of promising battle management sys- a $1 billion increase in funding for critical order pharmacy. We have a retail net- tems, next-generation night vision ca- readiness accounts, including an additional work. Then if they do not like the for- pabilities, radars, lasers, and sensors. $335 million for Depot Maintenance; $223 mil- mulary, the list of those drugs, they This is a conference report that lion for spare parts; and $428 million for real can even go to an out-of-retail net- strikes a constructive balance between property maintenance. These budget adjust- work. short-term and long-term investments. ments reflect badly needed increases to deal I am going to throw a caveat out I urge its adoption. with serious readiness problems facing our here on all the good things we have Mr. SPENCE. Mr. Speaker, I am military today. done on health care. I am going to pleased to yield 2 minutes to the gen- Aside from authorizing key programs, this speak directly now to the seniors who tlewoman from Jacksonville, Florida bill contains many important policy measures are about to use this program. There (Mrs. FOWLER). aimed at improving our ability to track military are no co-pays and there are no Mrs. FOWLER. Mr. Speaker, I rise to readiness. Moreover, the bill includes a modi- deductibles. If the utilization rates get express my strong support for the con- fied version of H.R. 3616, the Impact Aid Re- out of whack, we are going to come ference report on the fiscal year 2001 authorization Act of 2000, including provisions back here and impose co-pays and defense authorization bill. This will be to speed payments to heavily impacted school deductibles. They have been extended my last time to come to the well to districts, authorize the Secretary of Education by this Congress as an earned yet gen- support a defense authorization bill. to provide grants to school districts unable to erous benefit. Do not abuse it. This is the eighth one in my eighth raise funds through local bond efforts to ren- Mr. SKELTON. Mr. Speaker, I yield 2 year, and this is one of the best we ovate and repair schools, and other key steps. minutes to the distinguished gen- have had. This outstanding bill strongly merits the tleman from Virginia (Mr. PICKETT), I want to thank the generous and House’s support. It contains landmark legisla- who has chosen to leave this body, but kind remarks that were made by my tion to provide health care and pharmacy ben- leaves a tremendous record of service chairman and some of the members of efits to our military retirees, addresses the to our Nation. the Committee. health care needs of our nation’s nuclear Mr. PICKETT. Mr. Speaker, I thank I first want to pay tribute, again, to workers, and achieves significant savings the gentleman for yielding time to me. a really dear departed colleague, Herb through multiyear procurement authorities. It is

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00015 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 22172 CONGRESSIONAL RECORD—HOUSE October 11, 2000 a fitting tribute to the man for whom it is should and must always be to provide I know that he will continue to con- named, Armed Services Committee chairman for the common defense. tribute to the committee’s efforts to FLOYD D. SPENCE, who has labored tirelessly Mr. Speaker, I am going to vote for improve the quality of life for our serv- for months to produce the excellent bill before this bill because it does a lot of good ice members and their families and us today. I also would take a moment to ex- things, but before one of my colleagues provide for a strong national defense. press my deepest appreciation to the com- comes to this floor and says we have I would also like to acknowledge the mittee staff for their hard work. I urge adoption plenty of money for tax breaks, let me gentleman from Missouri (Mr. SKEL- of this outstanding legislation. remind them of all the work that still TON), the ranking member, for his guid- Mr. Speaker, this bill merits the remains to be done. ance and leadership. Both individuals House support. Mr. SPENCE. Mr. Speaker, I yield 1 have placed the security of our country I want to thank the chairman, who minute to the gentleman from Cali- above partisan struggle and have con- has worked tirelessly to bring this bill fornia (Mr. DREIER), the chairman of tinued the committee’s tradition of bi- to the floor and for whom it is named, our Committee on Rules. partisanship and cooperation. the gentleman from South Carolina Mr. DREIER. Mr. Speaker, I rise in As the ranking member of the Sub- (Mr. SPENCE). He has spent many hours strong support of this legislation, committee on Military Personnel, I am on this. which is very aptly named for the dis- proud to say that the conference agree- I thank the ranking member, the tinguished gentleman from South ment before us includes quite a list of gentleman from Missouri (Mr. SKEL- Carolina (Mr. SPENCE), chairman of the accomplishments in the personnel TON), for all his hard work. Committee on Armed Services, and I arena. We are sending a strong signal Mr. SKELTON. Mr. Speaker, I yield 2 want to congratulate the gentleman to the men and women in uniform that minutes to the gentleman from Mis- for the hard work he has put into this. we have listened to their concerns sissippi (Mr. TAYLOR), who did so very This is, as has just been pointed out about their need to provide for a qual- much to further the health care issue by statements that have been made ity of life for themselves and their fam- along that is reflected in this legisla- here, a measure that enjoys bipartisan ilies, and we have taken the steps to tion. support. We are extremely proud over address those concerns. Mr. TAYLOR of Mississippi. Mr. the past several years we have been I also am particularly pleased that a Speaker, I thank the gentleman for able to take on this issue of rebuilding number of health care provisions that I yielding time to me. our national defense. It has been a very proposed have been adopted. I want to Mr. Speaker, I would like to remind high priority. It was stated here very recognize the efforts of the Sub- the previous speaker and every speak- clearly by the gentleman from Illinois committee on Military Personnel er, every person who serves in this (Speaker HASTERT) at the beginning of chairman, the gentleman from Indiana body, that Article 1, Section 8 of the the 106th Congress that as we looked at (Mr. BUYER), for his dedication and Constitution says it is Congress’ job to the four issues with which we were commitment to improving the lives of provide for the national defense. It going to deal, improving public edu- our service members. goes on to say in Article 1, Section 9 of cation, providing tax relief to working Working together, and I want to em- the Constitution that no money may families, saving Social Security and phasize that point, Mr. Speaker, work- be drawn from the Treasury except by Medicare, clearly, as has been pointed ing together, we have made major consequence of an appropriation by out, rebuilding our Nation’s capability strides in providing for our service Congress. has been a top priority. That is exactly members, retirees, and their families. If there are too few ships, if there are what this legislation and the con- Finally, I would like to thank the too few planes, if the people are under- ference report which we are consid- full committee staff and, in particular, paid, living in poor housing, it is be- ering will be doing. the Subcommittee on Military Per- cause Congress has failed its job. It is Mr. Speaker, I would like to espe- sonnel staff, including Debra Wada, that simple. cially express my appreciation for a Nancy Warner, John Chapla, Mike Hig- Mr. Speaker, the day the Republican very important provision in this meas- gins and Ed Eyatt. It is a terrific team, majority took over Congress, there ure which deals with the issue of expor- Mr. Speaker, one that this body can be were 392 ships. At this date, it is 318. In tation of the export of computers. I be- proud of; and it exemplifies the kind of the last 6 years the Democrats ran the lieve that we have come to a very im- staff work that the entire community House, there were 56 ships put in the portant compromise on this, which of people throughout the United States budget. In the past 6 years, the Repub- does reduce the time level, but at the can be proud of. The scope of their as- lican Congress has put in 33. same time, underscores our commit- sistance is immeasurable. ment to our national defense. I appre- Let me conclude, Mr. Speaker, by re- b 1200 ciate my colleagues for doing that, and ferring to one of the most important We have done some great things on I thank the gentleman from Missouri aspects of the bill, which is the promise health care. We have done some great (Mr. SKELTON) for joining with me in that we keep our Medicare-eligible things on other things, but there is a that effort. military retirees to restore access to heck of a lot of work to be done. To- Mr. SKELTON. Mr. Speaker, I yield 2 lifetime military health care. The gen- night there will be a presidential de- minutes to the gentleman from Hawaii tleman from Indiana (Mr. BUYER) has bate. Both candidates will unfortu- (Mr. ABERCROMBIE), who is in the fore- gone into this in some detail. nately spend all their time talking front of the military retiree effort, the The conference agreement allows the about tax breaks of a nonexistent sur- ranking member of the Subcommittee Medicare-eligible retirees who are cur- plus. on Military Personnel. rently forced out of the system when Mr. Speaker, I would remind them Mr. ABERCROMBIE. Mr. Speaker, I they turn 65 to continue their coverage that until we get kids out of 30-year- rise in support of the conference report under TRICARE. Mr. Speaker, I realize old helicopters, till we get those young for the Floyd D. Spence National De- I am at the end of my remarks, but I Americans who are serving our country fense Authorization Act. I say to the would like to emphasize as I close that out of 30-year-old airplanes, until we gentleman from South Carolina (Mr. the bipartisanship that we have en- get to a point where we are going to SPENCE), I like the sound of that title. joyed I hope will continue regardless of have more than a 200-ship Navy, be- I urge my colleagues to support this what happens in November, and I for cause at the present procurement important measure. one am pledged to it. rates, that is where we are going to be I want to recognize the gentleman Mr. SPENCE. Mr. Speaker, I yield at no time at all, then there is no from South Carolina (Chairman myself 15 seconds. money for tax breaks, because the SPENCE) for his leadership and steward- Mr. Speaker, I feel it is necessary to highest priority for this Nation, the ship of the past several years. While he remind our colleagues that it was the highest priority for this Congress will step down as chairman next year, administration that cut the defense

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00016 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22173 budget and this Congress has added Mr. SKELTON. Mr. Speaker, I yield 2 ment incentives. But on balance, we owe it to back $60 billion over the past 5 years, minutes to the gentleman from South our military retirees to continue medical cov- and we still need to do more. Carolina (Mr. SPRATT), who is a mem- erage after they reach age 65, and I support Mr. Speaker, I yield 2 minutes to the ber of our committee, the Committee these provisions. gentleman from Texas (Mr. THORN- on Armed Services, and also ranking While I support the provisions for military re- BERRY), who is the chairman of our member of the Committee on the Budg- tirees and the bill overall, as Ranking Member DOE panel. et. of the Budget Committee, I must point out that Mr. THORNBERRY. Mr. Speaker, I Mr. SPRATT. Mr. Speaker, I thank this bill exceeds the budget resolution. I do not rise in support of this conference re- the gentleman from Missouri (Mr. blame the Armed Services Committee for this port, but I also rise in appreciation of SKELTON) for yielding the time to me. departure. To the contrary, this bill illustrates the work of the gentleman from South Mr. Speaker, I rise to support the the dangers of adopting budget resolutions Carolina (Chairman SPENCE) as he has conference report on H.R. 4205, and I that are not realistic. Just as the appropria- guided this committee over the last 6 commend my colleague from South tions targets will be exceeded this year by years. I think it is fitting to honor him Carolina (Chairman SPENCE) for his tens of billions of dollars, this bill alone will ex- in the title of this bill, which helps weeks of labor on this bill and on 29 ceed the budget resolution’s mandatory alloca- make our country stronger and safer, other bills, I believe, over the 30 years tions by $20 billion over five years. In the fu- because that is exactly what he has that the gentleman has been here. ture, if we want our budget process to have done as well. This bill bears his name in recogni- meaning, we must be more realistic, as we Mr. Speaker, as we have heard, this tion of his years of patriotic, diligent, were in the Democratic budget resolution I bill takes a big step forward towards effective service as chairman of the brought to the floor last March when we pro- keeping our commitment to military Committee on Armed Services; and it vided an increase of $16.3 billion for retiree retirees. I think it is the most signifi- is a bill worthy of his name. health care. cant progress we have made towards Mr. Speaker, I am pleased in par- The conference report also contains lan- keeping that commitment. The bill ticular with the provisions of this bill guage recommending that the President ad- also does right by those who have that deal with retiree health care. I vance Admiral Husband Kimmel and General served our country in the nuclear want to commend on our side, the gen- Walter Short posthumously to their highest weapons complex, and I would like to tleman from Missouri (Mr. SKELTON), wartime ranks of four-star admiral and three- particularly thank two of my constitu- the gentleman from Hawaii (Mr. ABER- general. Kimmel and Short were the Hawaiian ents, Mr. Pete Lopez, who came to CROMBIE), and the gentleman from Mis- commanders scapegoated for the success of Washington from Amarillo, Texas, to sissippi (Mr. TAYLOR) for taking up this the attack on Pearl Harbor on December 7, help testify about that proposal, and issue, pushing it, persevering and also 1941. Official investigations have exonerated also Frank George, who has helped the conferees for bringing it to fruition them from dereliction of duty charges. Never- guide us to make sure that we did with a generous package of improve- theless, Kimmel and Short were singled out something that really helped. ments to the health care we offer to for exclusion from the benefits of the Officer This bill also includes some refine- our military retirees. Personnel Act of 1947, which allowed World ments of the National Nuclear Security Mr. Speaker, I am concerned, I am War II flag-level and general officers the privi- Administration, which this Congress concerned that these provisions by lege of retiring at the highest rank attained passed last year. And I particularly shifting so much spending from discre- during the war. This sole exclusion only per- would like to thank the gentlewoman tionary to mandatory will not leave petuates the myth of their responsibility for the from California (Mrs. TAUSCHER) and the Pentagon with any cost-contain- disaster at Pearl Harbor. I have worked for this issue for years. The the other members of the panel who ment incentives. I think that will bear Senate actually approved this provision last have worked over the past year to try our watching and oversight in the fu- year, but it did not make the conference re- to make sure that the law was followed ture. But on balance, we owe it to our port. I am grateful now that we have reached and that the country’s best interests military retirees to continue medical a just conclusion. I want to thank Chairman were also advanced. coverage after the age 65. SPENCE for his support, and also thanks to The panel will have a report released It is an outrage that we have termi- those in the other body who helped ensure this week which gives full detail of our nated it, and I strongly support these passage of this amendment, especially Sen- recommendations for the future; but in provisions to right that wrong. ators KENNEDY and ROTH. this bill, we prohibit dual hatting of Mr. Speaker, I rise to support the con- In addition, the conference report includes employees by the Department of En- ference report on H.R. 4205. I commend my reauthorization of an important ‘‘Buy Amer- ergy and the NNSA exactly as Congress colleague from South Carolina, Chairman ican’’ provision for equipment components the voted earlier this year. SPENCE, for his work on the bill. Indeed, it Defense Logistic Agency has determined to be Mr. Speaker, we also included that bears his name in recognition of his years of mission-critical: ball bearings. This standing the NNSA administrator will be re- diligent service as Chairman of the Armed provision of the law stood to expire this year, moved from political pressure and he Services Committee, and it is a bill worthy of and I appreciate the support of Procurement has a specific term of years to help his name. Subcommittee Chairman HUNTER on this reau- make sure that he can do what is right, I am pleased in particular with the bill’s pro- thorization. regardless of who wins the election. We visions on military retiree health care. I want to These are just a few examples of the impor- require specific budget and planning to commend Representatives SKELTON, ABER- tant provisions of the conference report. This help put some stability into the nu- CROMBIE, and TAYLOR for pushing this issue conference report moves us in the right direc- clear weapons complex, including in early on, and the conferees for working out a tion in regard to military personnel, readiness, that crucial area of infrastructure. generous package of improvements to the modernization, and military construction. I urge Mr. Speaker, just within the past health care offered our military retirees, par- my colleagues to approve it. week or two, there has been a report ticularly Medicare-eligible retirees. Mr. SKELTON. Mr. Speaker, I yield 2 released that shows our infrastructure With passage of this bill, retirees 65 and minutes to the distinguished gen- in the nuclear weapons complex is de- older will no longer have to abandon doctors tleman from Guam (Mr. UNDERWOOD). teriorating. This will help make sure they have grown to know, and or be forced Mr. UNDERWOOD. Mr. Speaker, I that we do not take money out of this into HMOs or under-served Tricare networks. rise in strong support of the conference pile to put over here and allow our in- Instead, for the cost of their Medicare Part B report on H.R. 4205, and I would like to frastructure to continue to deteriorate. premium, retirees can stay with their own doc- especially thank the gentleman from There is a lot of work left to make tor, and Tricare will serve as a Medigap policy, South Carolina (Mr. SPENCE), the sure our nuclear deterrent is strong paying their co-payments and deductibles for chairman, and the gentleman from and effective, but this bill takes a step costs Medicare does not cover. Missouri (Mr. SKELTON), the ranking forward. I recommend it to my col- I am concerned that these provisions do not member, for their leadership in pro- leagues. provide the Pentagon with any cost contain- viding our hard-working men and

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women in uniform the tools and re- the gentleman from Virginia (Mr. PICK- but let me just isolate one. I do not sources necessary to protect our na- ETT), my friend. think it is any surprise to any Member tional security and in providing for an I want to specifically address the pro- of this Congress that there has been a intelligent, bipartisan plan for our visions of the act relating to the De- great deterioration in the health care armed forces which meets our security partment of Energy’s National Nuclear benefits of our retirees. needs. Security Administration. I thank the gentleman from South This agreement provides $309 billion, Mr. Speaker, the establishment of Carolina (Chairman SPENCE), the gen- $4.5 billion more than requested. It pro- the Committee on Armed Services’ tleman from Indiana (Mr. BUYER), the vides for a 3.7 percent pay increase for NNSA oversight panel is a clear mes- gentlewoman from Florida (Mrs. military personnel in 2001 equal to the sage of Congress’ intent to more ag- FOWLER), and the gentleman from Cali- administration’s request; and most sig- gressively exercise its oversight re- fornia (Mr. HUNTER) finally for helping nificantly, it provides for lifetime sponsibility in an area that is crucial us right some wrongs. health care for military retirees and to our national security. Today they have given us the oppor- their eligible family members and re- This resurgence of meaningful inter- tunity to change direction and take stores much-needed pharmacy access est in the DOE defense nuclear activi- the first step in fulfilling our promises to all Medicare-eligible military retir- ties will have a lasting impact on an we made to our Nation’s retirees. ees. activity that has been entangled in bu- George Washington, addressing the These new medical benefits are an reaucratic kudzu since its inception. Continental Army before a battle dur- entitlement finally delivering a prom- Starting with the establishment of a ing the Revolution, perhaps sums up ise made to our military retirees and 3-year term of office for the NNSA’s best what we owe those who serve. frees them, as mentioned by the leader- first administrator, General Gordon, ‘‘The fate of unborn millions will now ship of the Subcommittee on Military the provisions of this bill represent an depend upon God, on the courage and Personnel, both the gentleman from In- important step towards building an the conduct of the Army,’’ so says diana (Mr. BUYER) and the gentleman agency that runs efficiently and that George Washington. from Hawaii (Mr. ABERCROMBIE). Fi- effectively protects our Nation’s nu- When I think about these words and nally, it frees them to move around clear secrets. Within the resources return to these words after seeing the anywhere in the country so that they available, this bill redresses issues re- volatile events of the 20th century, I can be with their families as they plan. lating to funding shortfalls in the pro- realize they could not be more appro- It also adds over $1 billion to various duction facilities and the laboratories. priate. Around the world, the coura- readiness accounts. This measure also Mr. Speaker, I am pleased that the geous sacrifices of the American sol- endorses essentially the agreement be- bill includes a significant increase over diers have lit the flame of liberty tween President Clinton, the Secretary the budget requests for the National where once there was darkness and pre- of Defense, and the Puerto Rican Gov- Ignition Facility at Lawrence Liver- served this same flame within our bor- ernment regarding Vieques, including more. In fact, it also provides some ders so that generations to come will $40 million in economic assistance, an limited relief for the significant infra- be able to walk free under its light. additional $50 million if the residents structure improvement backlog. These are truly remarkable achieve- vote to resume live-fire training in a Unfortunately, this bill does not pro- ments for which we are today showing required referendum. vide relief for all the challenges the ad- we are grateful. Importantly, for my people, for ministration faces. I look forward to Our retirees bravely answered the Guam, this provision establishes a me- the study and enactment of specific call to duty when our country needed morial on the Federal lands near the legislation that will ease the difficul- them, and we should and we must be Fena Caves in order to honor those ties of recruiting and retaining the there for them when they need us. I Guamanian civilians massacred by the world-class scientific minds that the urge us all to vote for this conference occupying military forces of Japan in laboratories need and this Nation de- report, bipartisan as it is. July 1944, and it also makes a commit- serves. However, I must speak quickly to the ment to include the territories in mis- Mr. Speaker, I also want to note for gentleman from Mississippi (Mr. TAY- sile defense plans, so that strategically the full House that the panel’s accom- LOR). It is no secret to anyone that, valuable places like Guam will not be plishments would not have been pos- under the leadership over the last 6 left defenseless. sible without the strong leadership of years of the Republicans and of the Overall, H.R. 4205 is a step in the the panel chairman, the gentleman gentleman from South Carolina (Mr. right direction for our military forces. from Texas (Mr. THORNBERRY), and the SPENCE), we have tried to stop the de- It meets our challenges in a post-Cold cooperation and support of our col- terioration of the military. The prob- War world. I encourage all Members to leagues on the panel. lem has been a Presidential budget and support this important measure. Mr. Speaker, I urge my colleagues to the fact that we could not override Mr. SKELTON. Mr. Speaker, I yield 2 strongly support H.R. 4205. with a veto. minutes to the distinguished gentle- Mr. SKELTON. Mr. Speaker, I yield woman from California (Mrs. b 1215 30 seconds to the gentleman from Mis- TAUSCHER), a member of our Com- Mr. SPENCE. Mr. Speaker, I am sissippi (Mr. TAYLOR). mittee on Armed Services. pleased to yield 2 minutes to the gen- Mr. TAYLOR of Mississippi. Mr. Mrs. TAUSCHER. Mr. Speaker, I tleman from Augusta, Georgia (Mr. Speaker, for the gentleman from Geor- thank the gentleman from Missouri NORWOOD). gia (Mr. NORWOOD), the good doctor, I (Mr. SKELTON) for yielding the time to Mr. NORWOOD. Mr. Speaker, I thank would remind him that, again, article me. the gentleman from South Carolina 1, section 8 calls upon the Congress to Mr. Speaker, I rise in strong support (Chairman SPENCE) for a job well done defend the Nation. Article 1, section 9 of H.R. 4205, the National Defense Au- over the last 6 years. I thank him for says that no money may be drawn from thorization Act for Fiscal Year 2001. fighting every day to keep our military the Treasury except by appropriation And I also want to thank the gen- from deteriorating and particularly by law. If there is not enough money in tleman from South Carolina (Chairman thank him for this bipartisan con- the defense budget, it is Congress’ job. SPENCE) and the gentleman from Mis- ference report. I thank the gentleman The President may not have asked souri (Mr. SKELTON), the ranking mem- from Missouri (Mr. SKELTON). It is en- for enough, and I will agree with that, ber, for their leadership. lightening to us all to see this bipar- but the bottom line is this Congress I would like to offer my best wishes tisan conference report. That may be has passed over $900 billion worth of to all the retiring colleagues from this why it is good. tax breaks the President did not ask committee, especially the gentle- There are many good reasons to vote for. We do lots of things the President woman from Florida (Mrs. FOWLER) and for this particular conference report, did not ask for. The bills the President

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22175 vetoed on defense were over social A law enacted in 1891 requires a dis- Look, this Nation is well served by issues, never underspending. abled career military veteran to waive the 1.2 million men and women who Mr. SKELTON. Mr. Speaker, I yield 2 the amount of his retired pay equal to work as fire and emergency service minutes to the distinguished gen- his VA disability compensation. Mili- personnel in over 32,000 fire depart- tleman from New Jersey (Mr. AN- tary retirees are the only group, only ments. Local firefighters, 80 percent DREWS). group of Federal retirees who must who are volunteers, put their lives on Mr. ANDREWS. Mr. Speaker, I rise in waive retirement pay in order to re- the line every day for their commu- support of the legislation, and I com- ceive VA disability compensation. nities and area residents. This legisla- mend and thank the gentleman from My legislation, H.R. 303, which has tion marks a new beginning. Our fire- South Carolina (Mr. SPENCE) for legis- 321 cosponsors, would eliminate the off- fighting volunteers contribute billions lation that bears his name and the gen- set entirely. The Senate provision of dollars worth of time and they need tleman from Missouri (Mr. SKELTON). It drafted by Senator HARRY REID would our help now. is an honor to serve with each of these do the same. It is important that local, State, and gentlemen and the other subcommittee Some Members are concerned that the Federal Government step up to the chairs and ranking members as well. complete elimination is too expensive. line and give more support and help to I am particularly gratified that this But in my opinion, Mr. Speaker, no our firefighters. bill which reflects the finest bipartisan amount of money can equal the sac- They play a crucial role protecting and pre- tradition of this House graciously in- rifice our military men and women serving our lives and our property . . . a dan- cludes three items in which I have ex- have made in service to their country. gerous role—an average of nearly 100 fire- pressed an interest and devoted energy. Last year’s authorization act in- fighters a year lose their lives in the line of The first is legislation I authored cluded a provision to authorize a duty. 80 percent of those who serve do so as with respect to preventing monthly allowance to military retirees volunteers. cyberterrorists. I believe that one of with severe service-connected disabil- And so I’m pleased that this legislation dem- the most lethal threats to this coun- ities rated by the Department of Vet- onstrates our commitment to our first respond- try’s security is one of the most silent. erans Affairs at 70 percent or greater. ers by establishing a competitive grant pro- It is the work of those with laptops in- Only individuals retired for longevity gram at the Federal Emergency Management stead of missiles who would threaten qualify for monthly benefit. Agency to assist volunteer and paid fire de- This conference report expands the our air traffic control system, our partments across this country purchase equip- eligibility for these special payments banking system, our other critical in- ment, improve training, hire firefighters, fund to those individuals retired for dis- frastructure. ability by their service. This is not emergency medical services, and establish fire Because of the bipartisan coopera- enough, but it is some progress. prevention and safety programs. tion, we were able to include legisla- I want to thank my colleagues, the In this bill, we’re also increasing the author- tion that I wrote that creates for the gentleman from South Carolina (Chair- ization for the USDA’s Volunteer Fire Assist- first time a loan guaranteed program man SPENCE), the gentleman from Indi- ance Program and establishing a grant pro- that will help those in the private sec- ana (Mr. BUYER), especially the gen- gram to help fund burn research and burn re- tor that maintain that critical infra- tleman from Indiana (Mr. BUYER), the covery. These are two very important steps structure to upgrade it so that we are gentleman from Missouri (Mr. SKEL- and are two elements of my bipartisan Helping less vulnerable to attack. TON), the gentleman from Hawaii (Mr. Emergency Responders Operate, or HERO, Second, the legislation very gra- ABERCROMBIE), and the gentleman from legislation I introduced earlier this year. ciously includes legislation I worked California (Mr. HUNTER) for their as- Mr. Speaker, we see our firefighters and on to create a center for the conversion sistance in including this provision in EMS personnel responding to emergencies of domestic and civilian networking the conference report. We must all every day, more than 18 million calls a year. and telecommunications technology work together towards complete elimi- From car accidents, to brush fires, to large for the use of the military. That center nation of the offset in the next Con- scale disasters, emergency responders are will be located in my district in Cam- gress. first on scene, first to react, first to provide the den, New Jersey, and I believe it will The original law, Mr. Speaker, is 109 assistance we’ve come to take for granted. I’m benefit our country for generations to years old and discriminates against pleased to support this legislation that brings come as a result of the leaps forward service members who decide to make some much needed assistance to those who that will occur. the military their careers. We must en- literally put their lives on the line for us each Finally, I am pleased to join with the courage personnel to remain on active day. gentleman from Pennsylvania (Mr. duty. The old offset statute discour- Today’s passage of several fire-related WELDON), our long-time mentor on this ages them from doing so, and it is time measures is a milestone victory for local fire- subject; the gentleman from Maryland to change it. fighters. These projects constitute the largest (Mr. HOYER); the gentleman from New I urge my colleagues to support the and most comprehensive package of legisla- Jersey (Mr. PASCRELL); and others in conference report for H.R. 4205. tion to aid the fire service in the history of the achieving a first step toward a suffi- The SPEAKER pro tempore (Mr. country. cient level of funding for America’s COOKSEY). The gentleman from South Local firefighters, 80% of whom are volun- first responders in the fire and emer- Carolina (Mr. SPENCE) has 21⁄2 minutes teers, put their lives on the line every day for gency services community. The work remaining. The gentleman from Mis- area residents. Increasingly, fire departments that we have done on this bill is very souri (Mr. SKELTON) has 61⁄2 minutes re- are having trouble making ends meet—with gratifying, and I am pleased to see it maining. many departments forced to raise money also has gone forward in a bipartisan Mr. SPENCE. Mr. Speaker, I yield 1 through chicken dinners and other fundraising way. minute to the gentleman from Michi- efforts. I want to especially thank Terry gan (Mr. SMITH). This legislation marks a new—and well- Gillum in my office for his work on Mr. SMITH of Michigan. Mr. Speak- earned—commitment from the federal govern- this legislation. I urge its adoption. er, as chairman of the Science sub- ment to our nation’s firefighters. Never before Mr. SPENCE. Mr. Speaker, I am committee that oversees the fire ad- has the federal government taken steps even pleased to yield 2 minutes to the gen- ministration, I rise in support of this approaching this magnitude to aid the fire tleman from Florida (Mr. BILIRAKIS). legislation, particularly because of the service. It is about time that America’s heroes Mr. BILIRAKIS. Mr. Speaker, the important provisions included that will receive the assistance they so desperately conference report contains a provision assist our Nation’s first defenders, our need. on an issue that I have been working firefighters and emergency service per- Headlining the package is an unprece- on for over 15 years, the concurrent re- sonnel. It incorporates provisions of a dented $460 million authorization which would ceipt of military retired pay and VA bill I introduced earlier this year create a grant program to send much needed disability compensation. called the Hero Act, H.R. 4146. funds directly to local fire departments. This

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00019 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 22176 CONGRESSIONAL RECORD—HOUSE October 11, 2000 language, dubbed the Domestic Defenders Ini- the gentleman from Missouri (Mr. living standards of our military personnel; I tiative, is attached to the Defense Authoriza- SKELTON), we have talked about ear- cannot support the indisputable fact that this tion bill, scheduled to be voted on today. Be- lier, and also the staff. People do not bill continues a trend of prioritizing weapons sides the new grant program, the bill also in- realize how important the staffs are. systems and keeping this nation’s defense cludes authorized funding for the Volunteer They do the work while we are doing policy on an unwise course. Fire Assistance Program, burn research pro- other things. They are involved in de- I strongly support Military Retiree Health grams, a study of Hepatitis C occurrences in tails, working these things out for us. care benefits, which would grant lifetime firefighters, and a study of Department of De- There is no way one can tell how much health care for retirees and their families. At a fense spectrum potentially available for shar- work they do in this respect. time in our country when 44 million people are ing with local fire and EMS agencies. Addition- Mr. Speaker, I yield the balance of uninsured, it is our responsibility to assure that ally, there is language that improves the op- my time to the gentleman from Mis- the men and women who have served our portunities for fire departments to obtain ex- sissippi (Mr. PICKERING). country are guaranteed health care benefits. I cess Department of Defense property. Finally, Mr. PICKERING. Mr. Speaker, I rise also support pharmacy access to all Medicare- a task force is created to identify defense in support of the Department of De- eligible military retirees that was included in technologies that can be put to civilian use by fense authorization bill. Let me first this legislation. Additionally, I am an ardent local emergency response. commend the gentleman from South supporter of a pay raise for our service mem- The House of Representatives is also com- Carolina (Mr. SPENCE) and the gen- bers who work extremely hard and dem- mitted to approving a $100 million appropria- tleman from Missouri (Mr. SKELTON), onstrate their dedication to our nation through tion for fire departments in one of the upcom- the ranking member. They are exam- their work in deployments throughout the ing appropriations bills, most likely VA/HUD. ples of what Members of Congress world. While the authorization mentioned above should be. Unfortunately, the FY2001 National Defense would still be subject to future appropriations, This legislation is an example of Authorization Act includes excessive spending this $100 million legislation would constitute what legislation should be. It goes a on military hardware and has led me to op- immediate relief for needy fire departments. It long ways in helping restore the prom- pose the overall bill. This measure includes is a similar package to that passed by the ise made to our retirees to provide per- $4.8 billion for ballistic missile defense pro- House on the Emergency Supplemental Ap- manent health care benefits for our grams. The continuation and expansion of this propriations bill in March. military retirees with no deductibles, program not only threatens our treaty obliga- Finally, the House and Senate both recently no copays. We are moving to keep the tions with other nations, it has the potential of passed the conference report to the Interior promise. sinking billions of more dollars into untested Appropriations bill. This legislation includes We are taking a very important step and unreliable technology. Neither this legisla- $2.9 billion in funding for wildfire related activi- of providing a prescription drug benefit tive body, nor the nation, has had the type of ties. This year has undoubtedly been one of for all Medicare-eligible military retir- extensive debate demanded by such a major the worst wildfire seasons in recent years, and ees. We are increasing the pay by 3.7 shift in defense policy. How can we continue this funding is critical to helping local fire com- percent. We are trying to target eco- to go down a path that will lead to a radical panies respond. nomic assistance to those young en- shift in our defense posture without a clear de- In addition, legislation has recently been in- listed men and women, our soldiers and bate? troduced in Congress that would make volun- sailors who, many times, are still on Moreover, this bill continues a disturbing teer firefighters eligible for funding under the food stamps. We are trying to help trend of spending huge sums of money on de- AmeriCorps program. Congressman CURT keep that from happening. It is a trav- fense programs, while ignoring the needs of WELDON (R–PA), the sponsor of the bill, has esty that some of our men and women families in the U.S. This measure, totaling spoken with Harris Wofford, president of the serving have to be on food stamps. $309.9 billion, represents about one-half of Corporation for National Service, who has indi- But we are also doing important total discretionary spending. At a time when cated his support for the legislation and his in- things in our firefighter legislation no one is presenting a significant military tention to work to include volunteer fire com- that will save lives and save properties threat against our shores, is this the time to in- panies in AmeriCorps. in our rural communities, our small vest in massive new weapons systems? This Individually, these initiatives represent steps towns and our cities; the expansion of bill includes $2.5 billion for the F–22 fighter; forward for America’s fire service. Together, the G.V. Sonny Montgomery G.I. bill $689 million for the Joint Strike Fighter; and they demonstrate that the Republican leader- for educational opportunities; in my $2.9 billion for the next generation F–18 E/F. ship in Congress is committed to reversing the State expanding the authorization for I ask my colleagues, is this justified given the years of neglect endured by America’s first re- the T–45s, the new trainer jets that will current or future climate in international af- sponders for so long. be at the Merridian Naval Air Station; fairs? Mr. SKELTON. Mr. Speaker, I yield the expansion of the National Guard Mr. Speaker, I am delighted that the House myself such time as I may consume. Challenge Program to help troubled is recognizing the important service of the Mr. Speaker, I have no additional re- youth; the expansion of the men and women in uniform, as well as vet- quests for time. However, let me take Counterdrug Initiative, which is an im- erans, and providing them the benefits they this opportunity to, again, compliment portant part of my State’s contribu- need and deserve. I am heartened that we the gentleman from South Carolina tion. have finally shifted at least some of our atten- (Chairman SPENCE). This legislation is This is good legislation. It is a good tion to the people who serve our country. It is properly named for him. Thanks to all step. We are doing the right thing. I my hope that in future years, we will continue of those on the committee, those who want to commend the committee for to recognize the value of the service men and have worked so hard in the bipartisan their good work. women, while also recognizing that we should manner that we have. Ms. BALDWIN. Mr. Speaker, I rise today to not pour unlimited amounts of money into mili- I just have to say, Mr. Speaker, that oppose the FY 2001 National Defense Author- tary hardware that we do not need. we have a marvelous staff. The long ization Act, and wish to clarify the rationale for Mr. MARKEY. Mr. Speaker, I would like to hours, the weekends, the days that my position. I feel it is very important to make express some concerns about the Conference they put in have helped glue together my position clear; because, while I oppose this Report on the FY2001 National Defense Au- this outstanding piece of legislation. I legislation, there are a number of important thorization Act, H.R. 4205. take this opportunity to thank them. provisions within the larger bill that I strongly This bill would do many positive things for Mr. Speaker, I yield back the balance support. In its totality though, I could not sup- our nation’s veterans and defense workers. It of my time. port a bill that emphasizes procurement dis- would provide a 3.7% pay increase for military Mr. SPENCE. Mr. Speaker, I yield proportionately over the long-term needs of personnel. It would provide lifetime health care myself such time as I may consume. our servicemen, women, and military retirees. for military retirees and their eligible family Mr. Speaker, let me say in closing While I understand why many support this bill, members beginning in FY2002. It also author- that I appreciate the work of everyone because it includes several provisions that are izes a compensation plan for personnel made on both sides of the aisle, especially the result of hard-fought efforts to improve the ill by exposure to toxic or radioactive materials

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00020 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22177 when working on nuclear weapons programs. participate in this study. Such an important de- This Congress has continually refused to I fully support these efforts to help the men cision should be made openly and not in the provide a drug benefit to millions of other and women who have served our nation. guise of a reporting requirement that also hap- Americans who work just as hard as our mili- There is, however, one provision in this De- pens to authorize limited research necessary tary personnel. Our retired policemen, labor- fense Authorization Act that I find extremely to conduct the required assessment. This is ers, secretaries and seamstresses should also troubling. The bill requires the Secretary of nothing more than a nonproliferation wolf in have the guarantee of a prescription drug ben- Defense in conjunction with the Secretary of report’s clothing. efit under Medicare. Energy to conduct a study relating to the de- I urge Members to consider carefully the im- This Conference Report provides a much struction of hardened and deeply buried tar- plications of such a proposal. Because of this needed 3.7% increase in pay to our nation’s gets possibly using a low-yield nuclear weap- provision and the authorization for continued Armed Services. This increase will help boost on. This report could be the first step in a pro- testing of a failed National Missile Defense the standard of living for our military personnel gram to develop a new nuclear weapon, likely program, I must oppose this conference re- and their families. requiring a new round of nuclear weapon test- port. Similarly, to address the concerns of the ing. Ms. SCHAKOWSKY. Mr. Speaker, the De- people of Puerto Rico, I am pleased that this I am troubled by the inclusion of this provi- fense Authorization Conference report con- legislation encapsulates the basic agreement sion for two reasons: (1) current law prohibits tains provisions that I along with a majority of worked out between the Navy, the People of the research and development of such devices my colleagues and the American people Puerto Rico and the President. I have worked diligently over the past year and (2) this report could be the precursor to strongly support. Those provisions would to see a fair and just solution to the live fire renewed testing of nuclear weapons, under- greatly benefit our nation’s military personnel testing at Vieques in Puerto Rico. President mining the United States efforts to halt the and veterans. I strongly support measures in Clinton, Governor Rossello and the U.S. Navy spread of nuclear weapons. I am not alone in the bill that will provide lifetime healthcare for have worked together in good faith to resolve my concerns about this provision. Twenty- military retirees and their families and restore pharmacy benefits to Medicare-eligible military this situation. seven Representatives and myself signed a I am pleased that the Congress is not trying letter to House Armed Services Ranking Mem- retirees. I am also pleased that our fighting men and women will receive a well-deserved to stop this progress. ber Skelton saying that he should not consider On the global front, this legislation also lifts pay raise of 3.7%. In addition, providing our a nuclear option because it has far greater im- any restrictions on the United States when active service personnel with additional eco- plications that would undermine our national protecting our nation’s vital interests inter- nomic assistance and lowering their out-of- security. nationally and protecting against genocide in pocket housing expenses are critical meas- The precedent on this issue is clear: the Na- places like Kosovo. tional Defense Authorization Act for FY1994 ures that were included in this bill. Our Constitution defines the roles of both Unfortunately, the conference report in- (Section 3136 of Public Law 103–160) pro- the Commander-in-Chief and the Congress cludes billions of dollars for costly weapons hibits the Secretary of Energy from conducting with respect to our nation’s military involve- systems that will not improve our security or research on and development for the produc- ment. It is not the role of Congress, in an ef- military readiness. In addition, it includes bil- tion of new low-yield warheads. The new re- fort to embarrass this President and weaken lions of dollars for a national missile defense port language represents the first step toward our nation’s resolve in facing down dictators, program that has never been proven effective, ending that ban on research and development to try to change this Constitutionally defined and I believe would lead to Cold War II. These and could ultimately lead to efforts to renew role in this legislation. funds would be better spent to heighten our nuclear testing. As a hint of the events to Our military is the strongest and best trained commitment to our military personnel and vet- come, the new provision would authorize ‘‘lim- in the world, and this legislation will continue erans and to better meet their needs, among ited research and development that may be to build on our past successes and ensure other things. Extra funding for our veterans necessary to perform those assessments.’’ even greater successes in the future. would guarantee that valuable resources Furthermore, this language undermines But I must also register my strong disillu- would be available to enhance their quality of United States’ international nuclear arms con- sionment at the actions of the Republican life and fulfill our obligation to our service men trol and nonproliferation efforts. The United Conferees on this legislation. and women. It is the least we can do. Although strong, bi-partisan majorities in States is seeking to end nuclear weapons pro- For those reasons, I did not support this grams in the Democratic People’s Republic of both the Senate and House acted to attach year’s Department of Defense Authorization language to this bill to expand the definition of North Korea, Iran and Iraq, and to restrain In- Conference Report. However, I will continue to dian and Pakistan from further testing and de- hate crimes, this Republican Leadership again support our military personnel and veterans showed their true colors and stripped it from velopment of nuclear weapons. Restricting the and a strong national defense based on sound ability to test new weapons is an important the bill. policy. This Congress had the opportunity to make tool in preventing these nations from actually Mr. CROWLEY. Mr. Speaker, I rise in sup- it easier for Federal law enforcement officials completing work on a new weapon. Enforcing port of the National Defense Authorization Act, to investigate and prosecute cases of racial this moratorium requires considerable inter- but I do so with mixed emotions. and religious violence, and would permit Fed- national cooperation and pressure spear- This legislation contains a number of very eral prosecution of violence motivated by prej- headed by the United States government. important programs that deserve the full sup- udice against the victim’s sexual orientation, This provision on low-yield nuclear weapons port of this Chamber. gender, or disability. sends a troubling signal that not only is the I am pleased that this package contains a But again the Republicans ignored the will United States unwilling to ratify the Com- new—and long overdue—entitlement of life- of Congress and the will of the American peo- prehensive Test Ban Treaty, but the U.S. may time health care coverage to our nation’s mili- ple and again kowtowed to the most extreme consider a resumption in testing. This will give tary retirees. For decades our recruits to the elements in American politics—people like the green light to nations with fledgling nuclear Armed Forces have been promised this ben- Jerry Falwell and Pat Robertson. weapons programs to begin openly testing. efit, only to have our Federal Government not A few weeks ago, 41 Republicans marched The implications for our national security are live up to its promise. to the floor and voted to include Hate Crimes far more threatening from this action than from The brave men and women who have dedi- language in this bill. Then they all heralded the failure to develop such a low-yield nuclear cated their lives to the defense of our nation, this vote in press releases to their local media weapon. who represent our first line of defense, who outlets, hailing their celebration of diversity If existing weapons do not provide the stared communism down and introduced hun- and tolerance. United States with the ability to deal with hard- dreds of millions of people of the world to a Now comes the true test of tolerance and ened targets, conventional, not nuclear muni- concept we often take for granted in the political moderation. Will these same members tions should be considered. To put it simply: United States—democracy—deserve this im- again demonstrate their self-touted moderation the Secretary of Energy—and the nuclear portant benefit. and stand up to their Republican Leadership weapons research at his disposal—should not It is also my hope that this Congress will and demand a vote on the Hate Crimes bill. take part in this process. Unfortunately, this now use this new health care entitlement pro- We must continue to pressure the Repub- conference report does not eliminate that in- gram as a basis to provide a prescription drug lican Congressional Leadership to understand volvement, but rather requires the Secretary to program for all Americans. that bigotry is not acceptable.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 22178 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Mr. HOLT. Mr. Speaker, I rise in support skewed priorities of the leadership in this frastructure (the formerly defensive alliance today of the Fiscal Year 2001 Defense Author- House. We have failed to address the real which recently initiated force against Kosovo), ization bill. issues facing the American people. and $869 million for drug interdiction efforts by I am proud to support this legislation be- There are good provisions in this con- the U.S. military in an attempt to take our cause of the long awaited health benefits for ference report. I strongly support the establish- failed 1920’s prohibition experiment worldwide. military retirees that in includes. ment of a program that finally recognizes the Certainly a bill authorizing use of resources Mr. Speaker, I have heard from many mili- vital contributions of Department of Energy for the national defense which also properly tary retirees in my district of Central New Jer- contract workers who risked their personal compensates those military personnel nec- sey who were promised lifetime military health health to help protect our Nation. For too essary to maintain it would be not only con- benefits when they entered the service. For many years, the government has denied that stitutional but most appropriate. Contrarily, a many years, this promise has not been kept. these workers were suffering from catastrophic bill which continues our elitist and failed policy Military retirees were only allowed to keep and chronic illnesses that resulted from their of policing the world all the while creating ad- their military health care until they turned age work at defense facilities such as Rocky Flats. ditional enemies of the United States is neither 65, after which time the only coverage they Earlier this year, Secretary of Energy Bill Rich- constitutional, justifiable, supportable, nor pru- had was Medicare. ardson announced the Department’s intention dent. By avoiding such a police-the-world ap- Now, Mr. Speaker, Medicare is a great pro- to belatedly remedy this problem and seek to proach, which destroys troop morale by iso- gram. It has helped to keep millions of bene- implement a compensation program to aid sick lating them from their families and spreading ficiaries out of poverty. But we know, Mr. workers. Also, a number of my colleagues and them dangerously thin, considerably less Speaker, that many seniors have additional I have supported legislation required to author- money could be authorized with seriously im- coverage during retirement through coverage ize a compensation program. I am a proud co- proved security results. provided by their employers. For military retir- sponsor of Representative ED WHITFIELD’s (R- Meanwhile, H.R. 3769, my bill to prohibit the ees, who sacrificed their lives and careers for KY) bipartisan legislation H.R. 4398. I regret destruction during fiscal year 2001 of missile military service, their employer is the federal that Congress failed to fully consider and pass silos in the United States, fails to even receive government. H.R. 4398, which I believe would have been so much as a hearing. While I understand that Like many other Members of this chamber, the proper approach to address this important to comply with questionable, but ratified, disar- I believe we owe our military retirees the life- issue. I regret that Congress has failed to act mament treaties, certain missiles may need to time health coverage they were promised, and and to bring this important legislation before be deactivated, it seems ill-advised to spend access to the best and broadest health care us for proper consideration and action. money to also destroy the missile silos which coverage available. I am pleased that this conference report in- may be strategically vital to our national de- This year’s defense authorization is an im- cludes a 3.7 percent pay raise for military per- fense at some date in the not-so-distant fu- portant first step towards keeping that promise sonnel. I believe our military forces deserve ture. and providing that coverage. fair compensation for the job they do and for I encourage my colleagues to rethink the For this reason, I am proud to support this the risks they take on behalf of our country. United States’ 20th century role of global po- legislation, and I urge my colleagues to do the This is why I am a cosponsor of legislation liceman and restore instead, a policy of true same. that would provide for a 4.8 percent pay in- national defense which will better protect their By taking this action today, Mr. Speaker, we crease to members of the Armed Forces and are letting all our military personnel—past, constituents, keep their constituent’s children open the Federal Employees Health Benefits safer and out of endless global conflicts, and present, and future—know that their govern- Program to active-duty personnel. It is vital ment will keep its promise and provide the reassume for taxpayers some semblance of that when our armed forces are called to duty fiscal sanity. health care protection they and their families they can be assured that their families are se- Mr. BLUMENAUER. Mr. Speaker, the prior- need—for life. cure and able to pay the bills back home. Ms. DEGETTE. Mr. Speaker, I rise in oppo- As a cosponsor of the Hate Crimes Preven- ities represented in this bill are misplaced. It sition to this conference report. I support sev- tion Act of 1999, I was very pleased that this spends $310 billion, over half of our discre- eral important provisions of the bill, including a legislation was included in the Senate version tionary budget. This is $4.5 billion more than Department of Energy (DOE) defense worker of this H.R. 4205. I would like to note that the the President requested and $21 billion above compensation program and a pay raise and House also passed a motion to instruct the the amount appropriated for fiscal year 2000. expanded health care choices for our men and conferees to include this provision as part of We are spending too much in this bill on too women in uniform. However, the legislation is the final conference agreement. However, the many unproven technologies, duplicative sys- so laden with special interest pork projects leadership blatantly ignored the will of the tems, and, in some cases, congressional add- that I fear it will undermine our ability to be fis- House and stripped the Hate Crimes language ons that our military leaders don’t want. We cally responsible and pay down our national out of the bill. It is well past time for legislation are spending enough on things like environ- debt while, at the same time, adequately fund- that makes hate crimes against gays and les- mental remediation of past actions. For exam- ing the Nation’s highest priorities. bians, women, and people with disabilities a ple, the estimated pricetag for clean-up of the Where are our priorities in this Congress? Federal crime. Every hate crime that occurs in unexploded ordnance that contaminates mil- The 106th Congress is drawing rapidly to a this country is an attack on American values, lions of acres of land and internal waterways close, yet our Nation’s schools are crumbling and it is a disgrace that this language was is over $100 billion. The funding in this bill for and overcrowded, there are 11 million unin- stripped out of the bill. environmental restoration is a mere $1.3 bil- sured children in America, and our seniors I hope that, in the final days of the 106th lion, less than half a percent of the total. lack comprehensive prescription drug benefits. Congress, we can address some of the critical We don’t need three brand-new advanced We are not addressing these today, nor are issues facing our Nation today, rather than fighter jets. We will have military air superiority we authorizing $310 billion—or anywhere continuing on the current path which has re- over all potential adversaries for years to close to that amount—to address these critical sulted in a rudderless, haphazard attempt to come with our current planes. We will spend issues facing every American family. Instead, legislate for a few special interests. over $300 billion over the next 10 to 20 years Congress will pass a Defense Authorization Mr. PAUL. Mr. Speaker, I rise in opposition on the Air Force’s F–22, the Navy’s F–18 E/ Conference Report that includes $4.5 billion to H.R. 4205, the Defense Authorization Act F, and the Joint Strike Fighter. We are doing more funding than the administration re- for Fiscal Year 2001 Conference Report. this rather than made the hard decisions we quested and $21.1 billion more than last While Federal constitutional authority clearly need to in order to make proving for our na- year’s funding level. Over half of the additional exists to provide for the national defense, tional defense more cost-effective. $4.5 billion tacked on in this conference re- global militarism was never contemplated by It is also troubling that the hate crimes pro- port—$2.6 billion—goes toward procurement. I the founders. Misnamed like most everything vision was not included in this bill. The Senate would venture to guess that many of the Mem- else in Washington, the ‘‘Defense’’ Authoriza- added it to its defense authorization and we in bers who supported this bill today will be sur- tion Act thus funds U.N.-directed peace- the House voted in a bipartisan fashion in prised as the special interest projects are re- keeping in Kosovo and Bosnia to the tune of favor of a motion to instruct conferees to in- vealed in coming days. Unfortunately, I fear $3.1 billion dollars, $443 million in aid to the clude it in the conference report. This does not this conference report is a reflection of the former Soviet Union, $172 million for NATO in- reflect the will of the Congress.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22179 For years we made commitments to military ence funding, and several additional bonuses who provide our shield. Hopefully, that sup- retirees that they and their families were enti- and benefits, will help in our efforts to recruit port—more than my own—will impress my col- tled to lifetime health care. I am pleased that and retain the most capable military in the leagues and will be remembered when the we have made good on that promise in this world. next Congress takes up the dual compensa- bill by providing lifetime health care for military Additionally, this bill provides several impor- tion issue. retirees and their eligible family members, as tant provisions for our military retirees. Ex- Ms. PELOSI. Mr. Speaker, I support the De- well as pharmacy access to all Medicare-eligi- panding TRICARE to Medicare eligible retir- fense Authorization bill because it includes ble military retires. But this could have been ees, expanding the TRICARE Senior Phar- many important provisions including measures accomplished within the context of a better macy Program, and expanding the TRICARE to improve health care for our nation’s military bill. subvention pilot will go a long way in providing retirees. However, I rise today to criticize the Because of the many failures of the bill, I relief to our veterans and military retirees. Republican leadership for their removal of was forced to vote against it. America has the However, I am greatly concerned about the hate crimes provisions from the conference re- best-trained, best equipped and best-prepared inadequate provisions regarding the issue of port. Majorities in both the House and the military forces in the world. Our forces are ‘‘concurrent receipt.’’ I am one of 321 cospon- Senate voted to include this language which ready to defend America’s interests wherever sors of H.R. 313 which calls for the complete would have added needed protections against they are threatened. That will continue only if repeal of this unfair provision. Many veterans hate crimes based on sexual orientation, gen- we’re careful about the investments we make. in my state are affected by this unjust law and der, or disability to federal law. We need to seek peace from all the threats it ought to be repealed. I understand the con- Tragic murders that grab the nation’s atten- of the new century. This bill spends too much straints that the Congress is operating under. tion such as the dragging death of James on the wrong things and not enough on clean- However, I urge this Congress to do the right Byrd in Texas and the brutal beating death of ing up from out past activities and preparing to thing and pass H.R. 313 as stand alone bill Matthew Shepard in Wyoming are, unfortu- transition to fight tomorrow’s wars. This is the and give our veterans what is owed to them. nately, not isolated incidents. According to sta- key not only to security abroad, but to livability Mr. BASS. Mr. Speaker, I rise today to ex- tistics kept by the National Coalition of Anti-Vi- at home—to make our men and women in uni- press my support for all that this important leg- olence programs, 29 Americans were mur- form and all our families safe, healthy and islation achieves. It represents a far-reaching dered in 1999 because they were gay or les- economically secure. effort to honor some of the promises made to bian and there were more than 1,960 reports Mr. PORTMAN. Mr. Speaker, I rise in sup- retired servicemen and women, it begins to of anti-gay or lesbian incidents in the United port of H.R. 4205, the FY 01 Defense Author- provide our active and reserve personnel with States, including 704 assaults. And according ization bill. Of particular interest to my con- world-class compensation and training, and it to the Federal Bureau of Investigation, in 1996 stituents in southwest Ohio—particularly those continues to keep our commitment to pro- there were over 8,700 reported incidents of in western Hamilton County—is the provision viding the equipment and materiel necessary hate crimes based on race, religion, national based on legislation that I have cosponsored to protect the interests of this country. For all origin, or sexual orientation. Crimes based on that establishes a new Energy Employees Oc- these reasons and more, this legislation ought hate are an assault on all of us, and we must cupational Illness Compensation Program. to pass with the support of members on both enact stronger measures to prevent and pun- This program will assist workers exposed to sides of the aisle. ish these offenses. radiation, beryllium and other toxic substances But Mr. Speaker, I do want to mention how Opponents of this measure have argued in the course of carrying out their work in the disappointed I am that the conferees could not that this is an issue that should be left to the U.S. nuclear weapons complex. Many of these negotiate a settlement on the so-called con- states. However, Congress has passed over workers have become sick from illnesses that current receipt issue, under which military re- 3,000 criminal statutes addressing harmful be- can be traced to that exposure. The former tirees have their monthly retirement pay re- haviors that affect the nation’s interests, in- Fernald Feed Materials Production Center, duced by the amount of any disability payment cluding organized crime, terrorism, and civil which is located in my district, was part of our they may have the misfortune to have earned. rights violations. Thirty-five of these laws have nuclear weapons production complex for near- Military retirement pay is earned for length been passed since the Republicans took con- ly 40 years from 1951 to 1988. Too often, of service, while a veteran’s disability payment trol of Congress in 1995. these workers were not even aware of the compensation ought to be regarded as a pay- Others have argued that there is no need hazards they faced in their jobs—hazards that ment to a veteran in response to injuries or for federal Hate Crimes legislation because have frequently had serious health effects. diseases that happened or were aggravated assault and murder are already crimes. How- What we are considering today will provide while on active duty. These are not the same ever, the brutality of these crimes speaks to covered workers and their survivors at Fernald thing and should not be offset against each the reality that when a person is targeted for and around the Nation with the compensation other. violence because of their sexual orientation, they deserve that guarantees a specific min- Moreover, a service member who incurs an race, or other group membership, the assail- imum benefit and medical expenses. I urge injury and then goes on to work for a private ant intends to send a message to all members my colleagues to support this important and company is not precluded from receiving that of that community. That message is you are long overdue program. company’s full pension benefit and the full dis- not welcome. Mr. WEYGAND. Mr. Speaker, I will be un- ability payment. In essence, the message we This effort to create an atmosphere of fear able to vote on rollcall vote 522 today. Were send is that servicemen and women are far and intimidation is a different type of crime, I present, I would vote ‘‘yea’’ on the Defense better off going to work for someone other and it demands a different kind of response. Authorization Conference Report because it than the United States if they receive an injury All Americans have a right to feel safe in their provides much needed resources to our active while performing their duty. It seems to me community. duty personnel. that these people, the very people who have The hate crimes provisions that were This bill does many positive things, and I demonstrated their willingness to place them- stripped from this conference report by the commend the chairman and ranking member selves in danger, ought to be encouraged to Republican leadership would have countered for their leadership. As my voting record indi- continue with the military—if their disability al- this message of intimidation with a strong cates, I strongly support the efforts being lows—not discouraged. statement that our society does not condone made to improve the quality of life for our ac- Mr. Speaker, as I said earlier, I support this and will not tolerate hate-based violence. tive duty military and retirees. I have also sup- legislation because it does address several In addition to a bipartisan group of 192 ported efforts to continue to provide our men critical aspects of veterans health care and House cosponsors, these provisions are sup- and women in the armed services with the re- because I believe the provisions addressing ported by 175 civil rights, religious, civil and sources they need to continue to defend our other critical defense needs are too important law enforcement organizations, including the interests with the most technologically ad- to reject. Fittingly, I want to note that the very National Sheriff’s Association, the Federal Law vanced weapons available. veterans, support organizations, and associa- Enforcement Officers Association, the His- Providing a 3.7 percent pay raise, expand- tions that are most penalized by the failure to panic National Law Enforcement Association, ing the housing allowance, allowing active address the dual compensation issue all sup- the National Center for Women and Policing, duty personnel to participate in the Thrift Sav- port this legislation because of the security it and the National Organization of Black Law ings Plan (TSP), providing increased subsist- will provide for the current men and women Enforcement Executives.

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Passage of this bill would not have ended Mr. DEFAZIO. Mr. Speaker, I am extremely I am concerned with the overall level of all violence against those communities who pleased that the Department of Defense spending authorized by this bill. The bill au- are targets of hate violence. But it would have (DOD) authorization act we have before us thorizes $309.9 billion for fiscal year 2001, or allowed the federal government to respond today makes a number of long awaited, critical more than half of all federal discretionary and take action by investigating and punishing improvements to the health care system for spending. This is $4.5 billion more than the the perpetrators of crimes motivated by hate. our nation’s military retirees. President requested and $21.1 billion more The Republican leadership has missed an im- These individuals selflessly sacrificed and than last year. We are still funding the Pen- portant opportunity. I urge them to reconsider served our country in order to protect the free- tagon at 90 percent of Cold War levels a dec- their opposition to these protections and pass doms we all enjoy. This legislation marks an ade after we won. the Local Law Enforcement Enhancement Act important step toward providing military retir- U.S. military spending must also be viewed of 2000 before the end of the session. ees with the health care they earned and were in the context of what our allies and adver- Mr. WATTS of Oklahoma. Mr. Speaker, I promised. saries spend. The U.S. is spending more than come here today in support of the Floyd D. However, I am voting against the bill be- all our adversaries or potential adversaries Spence National Defense Authorization Act for cause, as good as the health care provisions combined and more than we spend at the end FY 2001. This legislation is named for a great are, they don’t go far enough. In addition, I am of such Cold War presidents as Eisenhower, American who is second to none in supporting concerned about the astronomical level of Nixon, Ford, and Carter. our soldiers, sailors, Marines and airmen. overall spending authorized by the bill a dec- Further, as former Secretary of Defense Under FLOYD SPENCE’s leadership this is the ade after we won the Cold War. under President Reagan, Larry Korb, points fifth year out of the last six in which Congress Let me briefly return to the health care pro- has added to the Administration’s budget re- out, ‘‘The U.S. share of the world’s military visions I support. I am pleased the conference spending today stands at about 35 percent, quest. FLOYD SPENCE—as far as I am con- report extends TRICARE to Medicare eligible cerned—is Mr. National Security. I look for- substantially higher than during the Cold War. retirees with no co-pays or deductibles. There In 1985, at the height of the Reagan build-up, ward to serving with him for many more years. will also be no enrollment fees or premiums The defense bill before us seeks to address the U.S. and the Soviet Union spent equal for Medicare eligible beneficiaries. This is one amounts on defense. Today, Russia spends many problems. Serious training deficiencies of the provisions in an important bill I cospon- and equipment modernization shortfalls, made only one-sixth of what the U.S. spends on de- sored, the Keep Our Promise to Military Retir- fense. If one adds in the spending of U.S. al- worse by longer and more frequent deploy- ees Act. ments away from home, have placed increas- lies, the picture becomes even more favorable The conference report also expands the to the United States.’’ In fact, the U.S. and its ing strains on our armed forces. Also, the in- mail order pharmacy benefit to all bene- creasing use of America’s military on missions allies account for 65 percent of the world’s ficiaries, including those over 64 years of age. military expenditures. where vital U.S. national security interests are This too is similar to legislation I cosponsored, Russia today spends 85 percent less on its not at stake has reduced readiness, affected the Retired Military Pharmacy Benefits Act. military than the Soviet Union. The combined recruiting and retention, and lowered morale. Expanding the mail order pharmacy program expenditures of our potential adversaries, as This bill will not completely fix these problems, will allow retirees in Oregon, who don’t live but it will help. identified by U.S. intelligence agencies, is close to a military base, easier access to nec- Included in this bill is a 3.7% pay raise for $13.8 billion, or about four percent of the U.S. essary prescription drugs. our military personnel. The bill increases the budget. I was also pleased the conference report in- military procurement accounts by $2.6 billion, cluded a number of other quality of life im- In just two days, the Pentagon spends more and the research and development accounts provements such as a 3.7 percent pay raise, money than the Iraqi military does in an entire by $1 billion. In critical readiness accounts, the an accelerated reduction in out-of-pocket year. In just 16 days, the Pentagon spends Congress has increased authorization funding housing costs, and targeted supplemental food more money combined than Iraq, Iran, North for the sixth consecutive year. There are in- Korea, Libya, Syria, Sudan, and Cuba. In 108 creases in funding for National Missile De- allowances for the most needy personnel. However, the conference report left out two days, the Pentagon spends more than all of fense research and for improving the training improvements I have advocated. First, the these countries plus Russia and China. and readiness of the National Guard and the The U.S. military must remain the highest Reserves. Also, this legislation includes— conference report dropped a provision that was included in the Senate version of the bill trained, best skilled, and most technology so- something particularly important to me—au- phisticated military in the world. However, this thorization funding for the Crusader program to repeal the VA disability compensation off- set. I am cosponsor of legislation, H.R. 303, to can be done with a smaller budget. To do so at over $355 million. requires better management, not more money. And last, but certainly not least—there is repeal this offset and contacted members of The Pentagon budget needs to be reevalu- TRICARE health insurance for military retirees the conference committee encouraging them ated in light of our current national security over 65, including a drug benefit. This revised to retain the Senate provision. Veterans de- threats. Cold War weapons systems that serve TRICARE program will take effect beginning in serve to keep all of the benefits they earned. no national security purpose but merely serve FY 2002 and is open to military retirees and I was disappointed this provision was not in- to justify increased budgets should be elimi- their eligible family members. Under the plan, cluded in the final version of the bill. nated. Defense experts of all political stripes beneficiaries could keep their current Medicare I was also disappointed that the key compo- provider, and use TRICARE as their Medicare nent of the Keep Our Promise to Military Retir- both inside and outside government have sug- supplement to pay any costs not covered by ees Act, opening up the Federal Employees gested eliminating or reforming a number of Medicare. Beneficiaries would pay no co-pay- Health Benefit Plan (FEHBP) to military retir- programs like the F–22, the Crusader Artillery ments or deductibles. The plan also includes ees, was not included in the conference re- system, the Comanche helicopter, and others no enrollment fees or premiums for all Medi- port. I have heard from many residents of Or- in order to reduce costs and have a more effi- care-eligible beneficiaries. This Congress con- egon who are having difficulty finding pro- cient and deadly military force. tinues to work to meet the promise that was viders who accept TRICARE due to low reim- Also, as Senator MCCAIN has repeatedly made for health care as an earned benefit for bursements rates and burdensome regula- pointed out, the defense authorization and ap- 20 or more years of honorable military service. tions. That may be why TRICARE is some- propriations bills often include billions of dol- The bottom line is—this defense authoriza- times derided by retirees in my district as ‘‘try lars in pork projects that are unrelated to na- tion bill will fund the Department of Defense at to get care.’’ Therefore, expanding TRICARE tional security requirements. This bill is no ex- approximately $310 billion—$4.5 billion more as this bill does, may not benefit a number of ception. In this bill, Congress provided the than requested by the Administration. Again, I Oregonians. A more complete option would be Pentagon billions in unrequested funding such want to thank Chairman SPENCE for his lead- offering our military retirees the same health as $150 million for two F–15 aircraft, $125 mil- ership of the House Armed Services Com- care that Members of Congress and our staffs lion for 12 additional Blackhawk helicopters, mittee, and the kindness and courtesy he has have access to, the FEHBP. The FEHBP $51 million for two additional F–16s, and $90 shown not only to me, but everyone associ- works well in Oregon and would ensure mili- million in additional funding for the DDG–51 ated with this committee including members, tary retirees have the health care security Destroyer program. staff and those appearing before his com- they’ve earned and deserve. I will continue to Finally, rather than showering the Pentagon mittee. fight to make this option available. with tens of billions of additional dollars for

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22181 weapons systems of dubious value and qual- frequently written into government contracts. today. Many IT firms spend a significant ity, it would be useful to make a serious com- Federal agencies have been experiencing amount of time and dollars training their em- mitment to eliminating the tens of billions of ‘‘credential creep’’ in the way they write con- ployees to be up to speed on the latest prod- dollars of waste at the Pentagon. As Rep- tracts. The problem has become so significant ucts and services. The Fed-Flex Act would re- resentative KASICH, Republican Chairman of that the Virginia Secretary of Technology, Don quire agencies to justify the use of such min- the House Budget Committee, noted in a Feb- Upson, found in a report issued by his office imum mandatory personnel requirements be- ruary 2000 report titled Reviving the Reform this past September that these minimum per- fore imposing such requirements in a par- Agenda, the General Accounting Office annu- sonnel requirements are the second largest ticular solicitation for IT services. Where the ally uncovers billions of dollars going to waste contributor to the IT worker shortage in my contracting officer determines that the agen- at the Pentagon. It weakens our national de- home state. This report, titled ‘‘A Study of Vir- cy’s need cannot be met without such require- fense to have this waste and hurts the morale ginia’s Information Technology Workforce,’’ ments, the legislation would not preclude such of our men and women in uniform since it strongly recommended that both the govern- requirements. Moreover, the legislation would steals funds that could otherwise be spent to ment and private sector companies objectively not preclude agencies from evaluating the ad- boost their quality of life. evaluate alternative forms of training, and vantages that may be associated with a par- Mr. Larry Korb, who, as I mentioned was an focus on investments in training rather than ticular employee’s experience or education, in- Assistant Secretary of Defense under Presi- degrees or resumes. The nationwide shortage cluding participation in an in-house training dent Reagan, has developed an alternative of IT workers is estimated at 364,000, and it and certification program. This bill continues defense budget that would be sufficient to is estimated at over 24,000 for the Northern the many successes of recent procurement re- meet our national security needs while not Virginia region alone. forms and redirects government to focus on strangling and starving the rest of the federal What these minimum personnel require- products, not process. budget. His proposal makes prudent reduc- ments mean for the government is that Bill Earlier this year, a study released by the tions in spending by targeting unneeded Gates or Michael Dell cannot contract with the American Association of Community Colleges weapons, unnecessary deployments, and a federal government. Since neither one of them indicated that twenty percent of Community downsizing of our forces in recognition of our holds a college degree, many federal agencies College attendees are pursuing degrees to victory in the Cold War. Mr. Korb’s proposal is would not allow them to perform IT work for work on technology issues. With the worker a serious one that deserves intelligent discus- the government. When federal agencies write shortage we face across the nation, it is of sion and consideration in Congress. credential creep into contracts, they hinder the great concern to me that the federal govern- Again, I congratulate the conferees for the ability of federal contractors to hire qualified ment could prevent these highly-motivated improvements they made on access to health personnel who get the job done, and increase young people from pursuing a technology ca- care for military retirees, but I cannot support the total cost of the contract to the govern- reer. Credential creep is a federal govern- a bill with the unjustifiable level of spending on ment. ment-wide problem. We have fallen behind in weapons systems of questionable value and In this era of serious labor shortages in recruiting IT workers for the federal workforce quality. nearly every sector of our economy, this prac- and training federal workers to take part in the The Pentagon budget should be based on a tice drives up prices and limits the flexibility of realistic assessment of our national security information technology revolution. Yet, the offers. The government will get better results needs, not the wishes of powerful defense government often demands college degrees if it issues performance-based statements of contractors or Pentagon brass. I bet the Sec- for entry level positions that might be filled by work and leaves it up to the offeror to propose retary of Education and the Secretary of individuals who have received another form of how they will satisfy the requirement. The gov- Health and Human Services have a funding job training. I believe that Fed-Flex bill is im- ‘‘wish list’’ too. But, Congress scrutinizes their ernment should hold the winning offeror ac- portant to address an immediate need within every request and forces them to prioritize. countable for the quality of the cake, not dic- the government but I am also committed to The Pentagon should be no different. tate the ingredients that go into the recipe. working closely with my friends in the federal Mr. DAVIS of Virginia. Mr. Speaker, I rise Another recent workforce study released by workforce community to look at their credential today in support of H.R. 4205 and I would like the Information Technology Association of creep problems. to thank my good friends, Chairman FLOYD America (ITAA) found that US companies an- Mr. Speaker, I would also like to point out SPENCE and Senate Chairman JOHN WARNER. ticipate a demand for 1.6 million IT workers in the many organizations that have supported Section 813 of this bill includes legislation that the next year. According to that study, about the inclusion of FED–FLEX in section 813 of I introduced, H.R. 3582, the Federal Flexibility 50% of applicants for those jobs will not have H.R. 4205. It is supported by ITAA, AEA, the Act of 2000. H.R. 3582 passed the House on the skills required to perform the jobs meaning Contract Services Association, the Profes- May 2 of this year and my good friend, Sen- that up to 850,000 of those slots could go un- sional Services Council, and CapNet. I would ator WARNER attached to the Defense Author- filled. The private sector knows it must adapt like to quote from a letter sent over by Harris ization bill in the Senate. H.R. 3582, now Sec- to address this shortage and invest in training Miller, the President of ITAA, ‘‘The Federal tion 813, will provide northern Virginia with im- that will allow them to get the job done—let’s Contractor Flexibility Act is a homerun for portant relief for its continued information tech- make sure the federal government is not the practical, efficient, and effective government nology worker shortage and continue the im- stumbling block. The Fed Flex Act requires contracting.’’ I would also like to submit a copy portant procurement reforms this Congress agencies to realize that key skills are what of the ITAA letter for the RECORD. began in 1995. matters most to mission accomplishment with- Section 813 of this bill will ensure that con- H.R. 3582, the Federal Flexibility Act of in agencies not how those skills are acquired. tracts are performance-based rather than 2000, will address an ongoing problem in fed- Recently, there has been ongoing debate process-driven. In my conversations with local eral IT contracts. Section 813 of this bill is about solving the labor shortage in the United Chambers of Commerce in northern Virginia, necessary because federal contracting officers States and lifting the cap on H1–B visas. I am and national procurement organizations, I frequently write into IT contracts minimum per- a strong supporter of lifting the visa cap and have heard many instances where these per- sonnel requirements that hamper the ability of an original cosponsor of my colleague, Rep- sonnel requirements have hampered compa- contractors to find qualified personnel to per- resentative DREIER’s H.R. 3982, the HI–TECH nies’ ability to work with government. I have form the contract. Oftentimes this means gov- Act, which raises the cap to 200,000 for H1– also been presented with evidence that these ernment contractors can not hire personnel Bs. But we all know this is a short-term solu- minimum personnel requirements have been who they believe could successfully perform tion. We need to recognize the new types of used at various government agencies to favor the work but instead search for qualified re- training employees receive and encourage incumbent contractors rather than promote sumes. This is a burden on the IT industry American businesses to hire employees who open competition. I have even heard of an in- and contributes to the chronic worker shortage have received less traditional methods of train- stance where the contract employees who un- faced by the technology industry because the ing. We also need to encourage our federal pack computers at some agencies are re- Federal Government is the largest purchaser government to be a leader in solving the work- quired to hold a college degree. of IT products in the world—spending about er shortage and not remain behind the curve Mr. Speaker, I have also received contract $32 billion on goods and services each year. as is so often the case. examples from the Departments of Defense The Fed-Flex Act requires Federal agencies The Fed-Flex bill I authored recognizes the and Treasury, and the General Services Ad- to justify the minimum personnel requirements investment that firms make in their employees ministration that include minimum personnel

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 22182 CONGRESSIONAL RECORD—HOUSE October 11, 2000 requirements. The Defense Department in- Center will be developed by a joint venture be- Those who worked for the Department of cludes these cumbersome requirements for tween the Department of the Navy and the Energy (DOE) and civilian companies with entry-level IT positions that include such basic Marine Corps Heritage Foundation. It is my which it contracted suffering from chronic be- tasks as data-entry, and they do not give con- strong belief that the Heritage Center rep- ryllium disease, chronic silicosis or a tractors any opportunity to apply for a waiver. resents the kind of partnership between fed- radiogenic cancer which could be linked to The Treasury contract includes these require- eral and local government and the private sec- their service at the DOE site will qualify for ments but then says a company may apply for tor which should be encouraged more often. compensation. a waiver after contract award although the The Marine Corps Heritage Center will be I believe this solution is a sound first step waiver requires a significant amount of paper- situated on 135 acres in Locus Shade Park, and probably the best we can get at this time. work to get approved. The GSA requirement is presently a county-owned site adjacent to the However, we may be able to do better in the on an IDIQ contract that would effect several Marine Corps Base in Quantico, Virginia. The next session of Congress. These workers, he- companies that the same time and drive-up 460,000-square-foot Heritage Center will be roes of the Cold War, deserve to be com- costs of all of the competing kids. used for historical displays for public viewing, pensated. They provided an invaluable service Mr. Speaker, again I urge my colleagues to curation and storage of artifacts, research fa- to their country, unaware that their bodies support this important legislation. The inclu- cilities, classrooms, offices, and associated ac- were being exposed to agents that would have sion of H.R. 3582 in this conference report will tivities consistent with the Marine Corps Uni- a devastating impact on their lives. provide important relief to Virginia and govern- versity. In addition, the main building will in- With the leadership of Senator FRED THOMP- ment contractors across the nation. It will also clude a museum, visitor center, gift shop, res- SON, and along with my colleagues in the provide a tremendous cost-savings to the gov- taurant, exhibits, and possibly a movie theater. House like Representatives ZACH WAMP, ernment. Funding for the Heritage Center will be pro- LINDSEY GRAHAM and ED WHITFIELD, progress Mr. Speaker, in addition, the conference re- vided almost entirely by private sources. is finally being made on the tremendous debt port for H.R. 4205 authorizes $309.9 billion for I believe the Heritage Center will provide that is owed to people who worked in our nu- the nation’s defense activities for FY2001, visitors with valuable information and insight clear weapons industry. $4.6 billion more than the President’s request. about the Marine Corps and its long tradition Further, this bill also moves us forward in The conference report provides significant im- of service to America. Given Virginia’s rich his- keeping our promise to provide permanent life- provements to the quality of life of military per- tory and the Marine Corps’ legacy, it is only fit- time health care to America’s military retirees sonnel, retirees, and their families, military ting that Virginia will be host to the U.S. Ma- and their eligible family members. The program will take effect beginning in fis- readiness, and modernization programs. In rine Corps Heritage Center. cal year 2002 and is open to military retirees particular, the conference report provides a I urge all of my colleagues to support the and their eligible family members. Under the much needed 3.7% military pay raise and conference report to H.R. 4205, as this impor- plan, beneficiaries could keep their current other important bonuses, as well as retention tant legislation will fulfill America’s vital military Medicare provider and use TRICARE as their and quality-of-life programs for our soldiers, needs for FY2001. In addition, I would also Medicare supplement paying any costs not sailors, airmen, and Marines. In addition, the like to commend the conferees and their covered by Medicare. Beneficiaries would pay conference report establishes a targeted sub- staffs, whose hard work and diligence brought no co-pays or deductibles. sistence payment, up to $500 per month, to this conference report to the floor. The plan also includes no enrollment fees or assist the most economically challenged per- Mr. HILLEARY. Mr. Speaker, I rise in sup- premiums for all Medicare eligible bene- sonnel. I believe this report includes provisions port of this conference report. I want to com- ficiaries. The agreement also reduces the that are critical to maintaining and sustaining mend the efforts of Chairman Spence for ac- maximum out of pocket expenses for all mili- our military readiness by focusing on the most complishing many important goals in this bill tary retirees by sixty percent, from $7,500 to important feature of our military; the men and that should have been done long ago. $3,000. women in uniform. Since last spring, I have been visited sev- In addition to the permanent TRICARE for More importantly, the conference report in- eral times by workers who got sick working at Life initiative, the conference committee also cludes substantial improvements in TRICARE Oak Ridge. Mack and Ann Orick, Harry Wil- approved and strengthened several military benefits for all beneficiaries of the military liams, Jan Michelle and Janine Voner are rep- health care proposals adopted by the House health care system. The conference report au- resentative of thousands of people who and Senate earlier this year. thorizes a restructuring of the military health worked on our nation’s nuclear weapons pro- Other benefit improvements include expan- care program and provides permanent lifetime grams at facilities like Oak Ridge. They have sion of DOD’s mail order and retail pharmacy TRICARE eligibility to Medicare-eligible mili- played a central role in defending the United programs to allow participation by all bene- tary retirees and their family members begin- States over the past fifty-plus years. They ficiaries and one year extension of the dem- ning in FY2002. The report also provides a have rightly been called ‘‘Cold War heroes.’’ onstration program ‘‘TRICARE Senior Prime,’’ comprehensive pharmacy benefit to Medicare- Like the Oricks, Harry Williams, Jan which is also known as Medicare subvention. eligible beneficiaries, reduces the maximum Michelle and Janine Voner, many of these he- Mr. Speaker, this conference will protect our annual out-of-pocket expenses for all retirees roes have paid a tragic price for their role in national security and take care of those that form $7,500 to $3,000, eliminates co-pay- defending their country. Thousands have been ensured our protection. I encourage all my col- ments and deductibles for active duty families afflicted with debilitating and sometimes dead- leagues to support this conference report. and their beneficiaries, and eliminates ly diseases due to exposure to hazardous Mr. MALONEY of Connecticut. Mr. Speaker, TRICARE enrollment fees or premiums for waste and radiation. I am proud to support H.R. 4205, the Defense Medicare-eligible beneficiaries. Additionally, These sick workers, and the families left be- Authorization bill for 2001. This bill includes the report authorizes an expansion of the De- hind by workers who contracted terminal ill- many important provisions that advance this partment of Defense’s (DOD mail order and nesses, should be compensated for their sac- Nation’s national security interests. The meas- network retail pharmacy programs, the rifice. In fact, compensation is long overdue. ure properly addresses our Armed Forces’ ‘‘TRICARE Senior Pharmacy Program’’ to I was pleased to be appointed to this con- modernization efforts, safeguards the military’s allow all beneficiaries to participate, including ference committee to find a way to com- combat readiness and does right by our men those over the age of 64, without enrollment pensate sick workers. The agreement that was and women in uniform and their families. fees. Military retirees over the age of 64 will worked-out is a reasonable start, but is only The measure authorizes $309.9 billion for be able to choose out-of-network pharmacies, that—a start. defense programs, nearly equal to the amount and pay a deductible of $150 per year. The plan that finally emerged is based on provided in the House and Senate versions of In addition to these important provisions, the legislation written by Senator FRED THOMPSON the bill. This is $4.5 billion above the Adminis- conference report also authorizes the develop- that passed the Senate. It requires the Presi- tration’s request and $21.1 billion above the ment of the United States Marine Corps Herit- dent to send Congress by March 15, 2001 a amount appropriated for FY 2000. Specifically, age Center at Marine Corps Base in Quantico, specific proposal detailing the level of com- the bill authorizes $63.2 billion for weapons Virginia. This report permits the Department of pensation and benefits that should be paid. If procurement, $38.9 billion for research and the Navy to accept, without compensation, a Congress does not act on the proposal by July development, $111.0 billion for operations and land transfer from the Park Authority of Prince 31, 2000, a default benefit level of $150,000 maintenance, $8.8 billion for military construc- William County. The Marine Corps Heritage plus medical benefits will take effect. tion and family housing, and $13.1 billion for

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22183 defense-related activities of the Department of and train new recruits and to buy new equip- military and the men and women who serve in Energy. ment. The legislation will help career depart- that military. I urge all of my colleagues to This bill will also allow us to keep the prom- ments hire additional personnel to meet cov- support this conference report. ise of lifetime health care to America’s vet- erage needs, while saving local taxpayers the Mrs. TAUSCHER. Mr. Speaker, I rise today erans and their families. As an original co- added financial burden. Both career and vol- to make clear my opposition to a provision sponsor of the health care provisions of the unteer departments will be able to acquire originally in the Senate’s version of the De- Defense Authorization Conference Report, and badly needed, but expensive, equipment such fense Authorization bill. This provision author- as a member of the Defense Conference as thermal imaging cameras. Such cameras izes a study on a new type of weapon, one Committee, I am particularly pleased with this can locate people trapped in a smoke filled that many have started to call ‘‘mini-nukes.’’ legislation. Specifically, the bill provides per- building who might otherwise be killed. Many The purpose of this study is for the govern- manent lifetime TRICARE eligibility to Medi- departments and companies have not pur- ment to consider a new weapon capable of care-eligible military retirees and their family chased such equipment because of the unit destroying underground bunkers. Proponents members; restores pharmacy access for all and training costs. of the provision say that the bunkers in ques- Medicare-eligible military retirees; and author- Firefighter grant funds will pay up to 90% of tion are used by States of Concern to protect izes the Department of Defense to begin a all project costs for local volunteer fire depart- their leaders in times of crisis, or to store Thrift Savings Plan. Moreover, the bill provides ments that serve 50,000 people or less and up stockpiles of biological or chemical weapons. a 3.7 percent pay increase to continue to to 70% of the costs for local career fire depart- They also say the weapons are an improve- close the gap between civilian and military ments as well as volunteer departments that ment over prior systems since the release pay. Indeed, this legislation is a victory for the serve more than 50,000. Matching funds can they cause of chemical or biological agents 1.4 million Medicare-eligible military retirees be provided by either state or local govern- into the environment is negligible. Therefore, and their families. They will not receive what ments. At least 5% of the funds will be set proponents argue, we must have these weap- they earned and deserve: lifetime medical aside for grants to local programs dedicated to ons. care, as promised to them when they enlisted prevention and public safety education. Fires The problem is that we don’t need new nu- in the U.S. Armed Services. It has been the cost the nation an estimated $100 billion an- clear weapons; the Defense Department has intent of many of us to make this year the nually. Only $32 million in federal resources not even identified a requirement for this type Year of Military Health Care, and through this are available for fire prevention and training, of weapon. What is more, I know from top-se- legislation, we have done just that. compared to $11 billion on law enforcement. cret discussions with the Pentagon that we In addition, the bill establishes a compensa- We have clearly seen the positive benefits of have other, non-nuclear ways of destroying tion plan for personnel made ill by exposure to putting more money into law enforcement with and disabling the underground bunkers. toxic or radioactive materials while working on the crime rates falling in most every category Studying a new weapon only takes us one U.S. government nuclear weapons programs, and in most all communities. We will now do step closer to manufacturing it. And this is one including those who developed chronic sili- the same for fire prevention and fire safety by weapon we do not need to manufacture. One cosis and uranium mine workers who are cur- providing the necessary resources to help our of the major concerns I have with this study is rently covered under a less generous com- local fire departments battle their share of the that it focuses on making a ‘‘usable’’ nuclear pensation program. This is a critical effort that nearly 100,000 fires in the United States annu- weapon, or one that does not harm civilians. I support. The bill also requires the Defense ally. But that is ridiculous—no nuclear weapon can Department to report on the progress being Mr. REYES. Mr. Speaker, I rise in support side-step mass destruction and the harming of made toward developing and implementing a of the conference report to the Floyd D. civilians. By today’s nuclear standards, the comprehensive strategy in the Balkans, and to Spence National Defense Authorization. This bomb we used on Hiroshima was tiny. But detail the commitments and contributions of conference report is important because it fo- look at the destruction those bombs caused— European nations and the United Nations to cuses on providing our soldiers, sailors, air- even though the city has been rebuilt, the area peacekeeping operations in Kosovo. This is a men and Marines the equipment and other re- still has a disproportionate number of children proper approach. Finally, the bill endorses the sources necessary to accomplish the vital mis- with mental deficiencies. thrust of the agreement reached between the sion of protecting this Nation’s vital interests. Finally, as a supporter of the Comprehen- U.S. Navy and the Commonwealth of Puerto There has been considerable debate during sive Test Ban Treaty, I want to point out that Rico earlier this year to address the Navy’s this election year about the status of our mili- provisions like this one only take us closer to live-fire training on Vieques Island. I believe tary’s readiness. This discussion often focuses the resumption of tests. Those who ‘‘study’’ that agreement is the best way of addressing on a range of topics including pay, facilities, any new weapon not already in our stockpile both the Navy’s readiness requirements as new equipment, size of the force and procure- will naturally want to test that particular weap- well as the interests of the Puerto Rican popu- ment. Well, I’m proud to stand before you and on. lation. tell you that this report does more than de- The fact is, this provision is a bad one. It we Lastly, I am very pleased that this bill pro- bate, pontificate or raise additional discussion are truly interested in nuclear nonproliferation vides fire departments nationwide the re- items. This report funds and places resources and in downsizing our own nuclear stockpile, sources necessary to hire and train more fire- where the service chiefs feel they are needed. the last thing we should be doing is laying the fighters, purchase and update equipment, and And, in a number of cases, provides additional plans for a new weapon. sponsor fire safety education programs. I am funding to address the service chief’s un- Mr. HEFLEY. Mr. Speaker, I rise in strong particularly proud of this legislation because it funded requirements for their procurement, support of the conference report to accom- was incorporated from the Firefighter Invest- readiness and modernization efforts. pany H.R. 4205, the Floyd D. Spence National ment and Response Enhancement (F.I.R.E.) It is also important to acknowledge that this Defense Authorization Act for Fiscal Year Act, which I sponsored last year. This legisla- conference report also addresses a number of 2001. tion for which I worked hard to include in the quality of life issues for our military personnel. As Chairman of the Subcommittee on Mili- Defense Authorization Conference Report as a There are a number of important initiatives in- tary Installations and Facilities, I am please to House Armed Services Committee conferee cluded in this report. Some may see these ini- inform the House that this conference report strengthens public safety through enhanced tiatives as an increase in benefits. However, authorizes $8.8 billion for the military construc- emergency services by authorizing $400 mil- things like increased minimum housing allow- tion and military family housing programs of lion over two years in grants to local fire de- ances for young families, and a 3.7% pay the Department of Defense, an increase to the partments. With one out of every three fire- raise and a comprehensive set of improve- President’s request of $787 million. These fighters and over 24,000 civilians injured each ments to the military health care system are funds will be used to meet critical shortfalls af- year, and with about 100 firefighters and over not perks or increased benefits. They are sim- fecting the qualify of life of military personnel 4,000 civilians killed annually in fire related ply the least we can do for those service and their families and to improve facilities sup- emergencies, this legislation will pay signifi- members and their families who sacrifice porting the training and readiness of the cant public safety dividends for both fire- every day. armed forces. This conference agreement is fighters and the families they serve. Beyond all of the campaign rhetoric and consistent with the bipartisan agreement Under provisions of the legislation to assist posturing, this report demonstrates Congress’ reached earlier this year on the military con- firefighters, grant funds will be used to hire commitment, our commitment to our Nation’s struction appropriations bill.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.000 H11OC0 22184 CONGRESSIONAL RECORD—HOUSE October 11, 2000 This conference agreement also provides under the ‘‘Build to Lease’’ program; continue Congress keep a watchful eye on what hap- for an extension of the military housing privat- to provide schools with a higher level of pay- pens down the road. Congress should work to ization initiative that is beginning to show ments for children who move off base for a ensure that the program remains targeted to some significant successes. Properly imple- period of time when their homes are being re- help only Department of Energy employees mented, this program will go a long way to- built; and modify the current construction pro- with specific occupational illnesses, rather ward resolving the housing crisis confronting gram in order to provide for a competitive than evolving into a bloated, over-broad and military families. grant program for school districts highly im- open-ended entitlement program. I recognize Beyond military construction, Mr. Speaker, pacted by a military presence. this has been a difficult provision to work this is landmark, legislation. I have long been Mr. Speaker, the Impact Aid program has through, but I commend the conferees on giv- concerned about the quality and availability of been a valuable source of assistance to heav- ing this provision the Congressional review health care for both retirees and active duty ily impacted schools and school districts over necessary. personnel. The health care reforms provided the years. Without this program, many school Mr. Speaker, on balance, I believe the con- in this bill will meet the promises made to ear- districts would be without the full complement ferees have done an excellent job of reaching lier generations of servicemen and women of resources they need for providing a high agreement on some very difficult issues. I and will guarantee that those promises will be quality education to their students. I greatly once again want to thank them for working kept to those in uniform now and those volun- appreciate the willingness of House and Sen- with the Committee on Education and the teers who will come after them. ate conferees to include this important legisla- Workforce to resolve issues under our jurisdic- I urge all members to join me in support of tion in the Department of Defense conference tion. –I would urge my colleagues to support this important bill. report. the conference agreement. Mr. GOODLING. Mr. Speaker, I rise in sup- A third issue of interest to the Committee on Mr. BOEHNER. Mr. Speaker, I support and port of the conference report on H.R. 4205, Education and the Workforce deals with mili- urge my colleagues to support the Floyd D. the Floyd D. Spence National Defense Author- tary recruiters on high school campuses. In Spence National Defense Authorization Act for ization Act for fiscal year 2001. some parts of our nation, military recruiters Fiscal Year 2002 (H.R. 4205) which contains Several of the provisions included in this are denied access to recruit on secondary an important provision to the friends, relatives, agreement are under the jurisdiction of the school campuses, even though the same and military colleagues of William H. Committee on Education and the Workforce schools give access to prospective employers Pitsenbarger. The provision permits the Medal and I am pleased that we were able to come and colleges and universities. The conferees of Honor to be awarded posthumously to Air- to an agreement. have included language that will give recruit- man First Class William H. Pitsenbarger, a First, I am pleased that the Department of ers the same access that prospective employ- pararescue crew member from Piqua, a town Defense authorization bill includes a provision ers and higher education institutions enjoy. in my district. He was killed in a military oper- that further amends the Women, Infants and The conferees have also included protec- ation assisting in the rescue of Army per- Children’s (WIC) program for military per- tions for those that do not wish to allow mili- sonnel who were severely out numbered and sonnel stationed overseas. In last year’s De- tary recruiters on campus. If a school board, surrounded by Vietcong troops near Cam My, partment of Defense bill, the conference com- by majority vote, indicates that it does not Republic of Vietnam on April 11, 1966. mittee adopted provisions of a bill I introduced, want military recruiters on campus, then that I have included a short article describing his H.R. 1779, requiring the Secretary of Defense decision would be respected under the legisla- heroic action from the Air Force Association to fund and operate a nutritional assistance tion. In addition, the conferees have included magazine, Valor, published in October 1983. program for families of military personnel over- a provision that makes clear that private sec- ‘THAT OTHERS MAY LIVE’ seas. That law also included a provision that ondary schools with religious objections to (By John L. Frisbee) required the housing allowance received by military service do not have to provide access A1C Bill Pitsenbarger knew the risks in- military personnel to be taken into consider- to recruiters. Finally, I wish to thank the con- volved when he volunteered to drop into the ation when calculating eligibility for the over- ferees for making several technical changes in midst of a jungle firefight. seas WIC program. this section and for adding the Education and By April 1966, 21-year-old A1C William H. Consistent with my original bill, H.R. 1779, Workforce Committee as one of the commit- Pitsenbarger, then in the final months of his this year’s conference agreement eliminates tees to which reports on recruiting access will enlistment, had seen more action than many that requirement and allows more overseas be provided. a 30-year veteran. Young Pitsenbarger had military personnel to benefit from the program. The legislation also contains a provision es- gone through long and arduous training for duty as a pararescue medic with the Aero- Second, I would especially like to thank the tablishing a pilot program to reengineer the space Rescue and Recovery Service and had conferees for agreeing to include the Impact equal employment opportunity complaint proc- completed more than 300 rescue missions in Aid program as a part of the conference ess for Department of Defense civilian em- Vietnam, many of them under heavy enemy agreement. Impact Aid is one of our Elemen- ployees. This will allow the continuation of a fire. He wore the Air Medal with five oak leaf tary and Secondary Education Act programs. successful alternative dispute resolution (ADR) clusters; recommendations for four more It provides important financial assistance to program already begun by the Navy—which were pending. A few days earlier, he had rid- schools impacted by a federal presence such has reduced the average wait for a determina- den a chopper winch line into a minefield to as military installations and Indian lands. Ear- save a wounded ARVN soldier. tion on the merits from 781 to just 111 days. His service with ARRS convinced lier this year the House passed H.R. 3616, The bill permits the expansion of this model to Pitsenbarger that he wanted a career as a which continued the authorization of the Im- other defense agencies. This complements medical technician. He had applied to Ari- pact Aid program. However, no further action our committee’s successful efforts to have the zona State University for admission in the has taken place and given the lateness of this Equal Employment Opportunity Commission fall. But that was months away. He had a job session it is most important that we get these expand use of ADR to expedite the processing to do in Vietnam and, as rescue pilot Capt. changes enacted into law this year. We have of charges of discrimination in the private sec- Dale Potter said, Pitsenbarger ‘‘was always worked with House and Senate members in tor. willing to get into the thick of the action Finally, this legislation establishes the En- where he could be the most help.’’ coming up with compromise language and I On April 11 at 3 p.m., while Pitsenbarger am pleased that the conferees have agreed to ergy Employees Occupational Illness Com- was off duty, a call for help came into his include this language in the conference agree- pensation Program. This provision will estab- unit, Detachment 6, 38th ARR Squadron at ment. lish a compensation program for those work- Bien Hoa. Elements of the Army’s 1st Infan- Some of the specific provisions included in ers who helped build the nation’s nuclear pro- try Division were surrounded by enemy of the Impact Aid part of the conference report gram and who have suffered illness and dis- forces near Cam My, a few miles east of Sai- would: change the formula for heavily im- ease because of their work. I worked to en- gon, in thick jungle with the tree canopies pacted school districts to speed up the dis- sure that this provision will require some fur- reaching up to 150 feet. The only way to get tribution of funds; protect against any large de- ther assessment and enacting legislation be- the wounded out was with hoist-quipped heli- copters. Pitsenbarger asked to go with one of creases in payments for children due to De- fore full implementation. As a cautionary note, the two HH–43 Huskies scrambled on this partment of Defense housing and transfer I point out that as we have certainly learned hazardous mission. privitization efforts; address the needs of from our committee’s experience with other Half an hour later, both choppers found an school districts impacted by housing units built similar programs, it is especially important that area where they could hover and lower a

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.000 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22185 winch line to the surrounded troops. Force. In fact, the Air Force Sergeants Asso- Authorization Act for Fiscal Year 2001, H.R. Pitsenbarger volunteered to go down the ciation has named its award for heroism after 4205, does not contain language which would line, administer emergency treatment to the him. More than a dozen other military and ci- have expanded federal hate crimes laws. De- most seriously wounded, and explain how to spite this disappointment, as a member of the use the Stokes litter that would hoist cas- vilian buildings, organizations and monuments ualties up to the chopper. around the world that have been named in his House Committee on Armed Services, I have It was standard procedure for a pararescue honor. no choice but to support the Conference Re- medic to stay down only long enough to or- I have worked with numerous organizations port and will vote for it. ganize the rescue effort. Pitsenbarger de- and individuals in researching and inves- As we all know, Mr. Speaker, a majority of cided, on his own, to remain with the wound- tigating the Pitsenbarger record. On behalf of members in both the House and the Senate ed. In the next hour and a half, the HH–43s these supporters, I submitted to Air Force voted to include the hate crimes provisions in came in five times, evacuating nine wounded Secretary Whitten Peters in March 1999 a this bill. The Senate voted in favor of an soldiers. On the sixth attempt, package of materials to upgrade amendment adding the hate crimes provisions Pitsenbarger’s Huskie was hit hard, forced to to the Senate version of the bill on June 20th cut the hoist line, and pull out for an emer- Pitsenbarger’s award to the Medal of Honor. gency landing at the nearest strip. Intense In the past 18 months. Pitsenbarger’s file has by a vote of 57 to 42. On September 13th, I enemy fire and friendly artillery called in by been reviewed by Pentagon officials including was eager to join the majority of my col- the Army made it impossible for the second the Secretary of the Air Force, the Joint Chiefs leagues in the House in voting in favor of the chopper to return. of Staff, The Deputy Secretary of Defense and Conyers motion to instruct conferees to in- Heavy automatic weapons and mortar fire the Secretary of Defense. They have rec- clude these provisions in the final version of was coming in on the Army defenders from ommended posthumously awarding him the this bill. It is truly shameful, however, that the all sides while Pitsenbarger continued to Republican Leadership in Congress was able care for the wounded. In case one of the Medal of Honor. I believe this Medal of Honor is long over- to prevent the inclusion of these provisions in Huskies made it in again, he climbed a tree the conference report despite the fact that ma- to recover the Stokes litter that his pilot due. My fellow Ohioans, Pitsenbarger’s col- jorities in both Chambers voted in favor of had jettisoned. When the C Company com- leagues and Air Force enlisted personnel join mander, the unit Pitsenbarger was with, de- them. me in the belief that this finally corrects the in- The Hate Crimes Prevention Act, H.R. 1082, cided to move to another area, Pitsenbarger justice and gives Mr. Pitsenbarger the recogni- cut saplings to make stretchers for the was one of the first bills I co-sponsored upon tion that he so deeply deserves. becoming a Member of Congress. I believe wounded. As they started to move out, the Mr. MALONEY of Connecticut. Mr. Speaker, company was attacked and overrun by a that this legislation is a common sense effort large enemy formation. my colleague from California, Mrs. TAUSCHER, to combat the heinous crimes that are being By this time, the few Army troops able to and I are proud to support H.R. 4205, the De- committed against members of our society return fire were running out of ammunition. fense Authorization bill for 2001. Among its simply because they are a member of a spe- Pitsenbarger gave his pistol to a soldier who many important provisions with regard to both cific group. Some have argued that hate was unable to hold a rifle. With complete dis- people and equipment, the bill addresses sev- regard for his own safety, he scrambled crimes laws are not needed because all eral especially notable policy issues: the bill crimes are hate crimes. Of course all crimes around the defended area, collecting rifles provides permanent lifetime TRICARE eligi- and ammunition from the dead and distrib- are wrong and should be punished. What uting them to the men still able to fight. bility to Medicare-eligible military retirees and makes this legislation so important, however, It had been about two hours since the HH– their family members; restores pharmacy ac- is that hate crimes are intended to intimidate 43s were driven off. Pitsenbarger had done all cess for all Medicare-eligible military retirees; and punish a whole class of people. Whether he could to treat the wounded, prepare for a and authorizes the Department of Defense to it is a lynching in Texas, a crucifixion in Wyo- retreat to safer ground, and rearm his Army begin a Thrift Savings Plan. Moreover, the bill ming, or spraying bullets in a bar in Virginia, comrades. He then gathered several maga- provides a 3.7 percent pay increase to con- these horrific acts are intended to terrorize en- zines of ammunition, lay down beside wound- tinue to close the gap between civilian and ed Army Sgt. Fred Navarro, one of the C tire groups of people and should be punished Company survivors who later described military pay. accordingly. It is a centuries old part of our Pitsenbarger’s heroic actions, and begin fir- However, as members of the Conference common law system to weigh the element of ing at the enemy. Fifteen minutes later, as Committee that negotiated the final details for intent in evaluating the severity of a crime and an eerie darkness fell beneath the triple-can- this bill, we cannot overlook the fact that one the hate crime law do just that. opy jungle, Pitsenbarger was hit and mor- important provision has been left out. Recent It is tragic that the Republic Leadership in tally wounded. The next morning, when acts of hate violence have opened many peo- Congress has been able to disregard the clear Army reinforcements reached the C Com- ple’s eyes to the brutal reality of bias moti- majority of both Chambers and prevent the pany survivors, a helicopter crew brought vated violence and the urgent need to do hate crimes provisions from being included in Pitsenbarger’s body out of the jungle. Of the something to prevent it. this bill. I will join the President in his fight to 180 men with whom he fought his last battle, include them in another piece of ‘‘must pass’’ only 14 were uninjured. Because hate violence affects where people William H. Pitsenbarger was the first air- live and travel and terrorizes entire commu- legislation so that we can do our part before man to be awarded the Air Force Cross post- nities, the federal government has a unique adjournment to combat these horrific crimes. humously. The Air Force Sergeants Associa- obligation to prevent hate violence against any The SPEAKER pro tempore. All time tion presents an annual award for valor in group. Current federal law only covers race, has expired. his honor. religion, national origin and color. The Hate Without objection, the previous ques- The Aerospace Rescue and Recovery Serv- tion is ordered on the conference re- ice is legendary for heroism in peace and Crimes Prevention Act would give federal agencies the authority to investigate and pros- port. war. No one better exemplifies its motto. There was no objection. ‘‘That Others May Live.’’ tan Bill ecute hate crimes based on a victim’s real or The SPEAKER pro tempore. The Pitsenbarger. He descended voluntarily into perceived sexual orientation, gender, or dis- question is on the conference report. the hell of a jungle firefight with valor as his ability. The question was taken; and the only shield—and valor was his epitaph. Mr. Speaker, the Senate and the House Speaker pro tempore announced that Bill Pitsenbarger showed honor in a time of each voted separately to include language in the ayes appeared to have it. tremendous pressure. He put other lives be- the bill addressing hate crimes. We are dis- Mr. SPENCE. Mr. Speaker, I object fore his own. He put his country before his appointed that the leadership in Congress has to the vote on the ground that a self-interest and he proved that America would seen fit to ignore the will of both bodies by re- quorum is not present and make the remain the land of the free and fight for the moving this provision from the Fiscal Year point of order that a quorum is not freedom of others by showing it was still the 2001 Defense Authorization bill. For the will of present. land of the brave. the powerful leadership in Congress to prevail The SPEAKER pro tempore. Evi- The town of Piqua still holds enormous over the will of the majority in both Houses is dently a quorum is not present. pride for Bill Pitsenbarger and the community not only an affront to us, but also to the demo- The Sergeant at Arms will notify ab- as well as Pitsenbarger’s colleagues and cratic principles that govern us. sent Members. friends wholeheartedly join me in supporting Mr. LARSON. Mr. Speaker, I rise today to The vote was taken by electronic de- the award of the Medical of Honor. express my dismay this afternoon that the vice, and there were—yeas 382, nays 31, Pitsenbarger’s heroism is well known in the Air Conference Report for the National Defense not voting 19, as follows:

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00029 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22186 CONGRESSIONAL RECORD—HOUSE October 11, 2000 [Roll No. 522] Quinn Shadegg Thompson (CA) There was no objection. Radanovich Shaw Thompson (MS) YEAS—382 Rahall Sherman Thornberry f Abercrombie Dixon Kelly Ramstad Sherwood Thune Ackerman Doggett Kennedy Rangel Shimkus Thurman ENERGY AND WATER REDEVELOP- Aderholt Dooley Kildee Regula Shows Tiahrt Allen Doolittle Kilpatrick Reyes Simpson Tierney MENT APPROPRIATIONS ACT, Andrews Doyle Kind (WI) Reynolds Sisisky Toomey 2001—VETO MESSAGE FROM THE Archer Dreier King (NY) Riley Skeen Towns PRESIDENT OF THE UNITED Armey Duncan Kingston Rivers Skelton Traficant STATES Baca Dunn Kleczka Rodriguez Slaughter Turner Bachus Edwards Knollenberg Roemer Smith (MI) Udall (CO) The SPEAKER pro tempore. The un- Baird Ehrlich Kolbe Rogan Smith (NJ) Udall (NM) finished business is the further consid- Baker Emerson Kuykendall Rogers Smith (TX) Upton Baldacci Engel LaFalce Rohrabacher Smith (WA) Visclosky eration of the veto message of the Ballenger English LaHood Ros-Lehtinen Snyder Vitter President of the United States on the Barcia Etheridge Lampson Rothman Souder Walden bill (H.R. 4733) making appropriations Barr Evans Lantos Roukema Spence Walsh Barrett (NE) Everett Larson Roybal-Allard Spratt Wamp for energy and water development for Barrett (WI) Ewing Latham Royce Stabenow Watkins the fiscal year ending September 30, Bartlett Farr LaTourette Rush Stearns Watt (NC) 2001, and for other purposes. Barton Fattah Leach Ryan (WI) Stenholm Watts (OK) The question is, Will the House, on Bass Filner Levin Ryun (KS) Strickland Weiner Becerra Fletcher Lewis (CA) Sabo Stump Weldon (FL) reconsideration, pass the bill, the ob- Bentsen Foley Lewis (KY) Salmon Stupak Weldon (PA) jections of the President to the con- Bereuter Forbes Linder Sanchez Sununu Weller trary notwithstanding? Berkley Ford Lipinski Sandlin Sweeney Wexler Berman Fossella LoBiondo Sanford Tancredo Whitfield (For veto message, see proceedings of Berry Fowler Lowey Sawyer Tanner Wicker the House of October 10, 2000, at page Biggert Frelinghuysen Lucas (KY) Saxton Tauscher Wilson H9575). Bilbray Frost Lucas (OK) Scarborough Tauzin Wolf The SPEAKER pro tempore. The gen- Bilirakis Gallegly Luther Schaffer Taylor (MS) Wu Bishop Ganske Maloney (CT) Scott Taylor (NC) Wynn tleman from California (Mr. PACKARD) Blagojevich Gejdenson Maloney (NY) Serrano Terry Young (AK) is recognized for 1 hour. Bliley Gekas Manzullo Sessions Thomas Young (FL) GENERAL LEAVE Blunt Gephardt Martinez Boehlert Gibbons Mascara NAYS—31 Mr. PACKARD. Mr. Speaker, I ask Boehner Gilchrest Matsui Baldwin Kucinich Payne unanimous consent that all Members Bonilla Gillmor McCarthy (MO) Blumenauer Lee Sanders may have 5 legislative days within Bonior Gilman McCarthy (NY) Conyers Lewis (GA) Schakowsky which to revise and extend their re- Bono Gonzalez McCrery Coyne Lofgren Sensenbrenner Borski Goode McGovern Davis (IL) Markey Shays marks and that I may include tabular Boswell Goodlatte McHugh DeFazio McDermott Stark and extraneous material on the veto Boucher Goodling McInnis DeGette McKinney Vela´ zquez Boyd Gordon McIntyre message of the President of the United Ehlers Miller, George Waters Brady (PA) Goss McKeon Frank (MA) Nadler States to the bill, H.R. 4733. Woolsey Brady (TX) Graham McNulty Gutierrez Owens The SPEAKER pro tempore (Mr. Brown (FL) Granger Meek (FL) Jackson (IL) Paul LATOURETTE). Is there objection to the Brown (OH) Green (TX) Meeks (NY) Bryant Green (WI) Menendez NOT VOTING—19 request of the gentleman from Cali- Burr Greenwood Metcalf Campbell Largent Shuster fornia? Burton Gutknecht Mica Cannon Lazio Talent There was no objection. Buyer Hall (OH) Millender- Danner McCollum Waxman Mr. PACKARD. Mr. Speaker, I yield Callahan Hall (TX) McDonald Eshoo McIntosh Weygand myself such time as I may consume. Calvert Hansen Miller, Gary Franks (NJ) Meehan Wise Camp Hastings (FL) Minge Hutchinson Miller (FL) Mr. Speaker, I yield the customary 30 Canady Hastings (WA) Mink Klink Neal minutes to the gentleman from Indiana Capps Hayes Moakley Capuano Hayworth Mollohan b 1252 (Mr. VISCLOSKY) for purposes of debate Cardin Hefley Moore only. Mr. MARKEY changed his vote from Carson Herger Moran (KS) Mr. Speaker, I rise to urge my col- ‘‘yea’’ to ‘‘nay.’’ Castle Hill (IN) Moran (VA) leagues in the strongest possible terms Chabot Hill (MT) Morella Messrs. BARRETT of Wisconsin, Chambliss Hilleary Murtha DELAHUNT and TIERNEY changed to override the President’s unfortunate Chenoweth-Hage Hilliard Myrick their vote from ‘‘nay’’ to ‘‘yea.’’ veto of the Fiscal Year 2001 Energy and Clay Hinchey Napolitano Water Development Appropriations Clayton Hinojosa Nethercutt So the conference report was agreed Clement Hobson Ney to. Act. Clyburn Hoeffel Northup The result of the vote was announced Of all the appropriations bills, this is Coble Hoekstra Norwood one of the most bipartisan. The con- Coburn Holden Nussle as above recorded. Collins Holt Oberstar A motion to reconsider was laid on ference agreement that we presented to Combest Hooley Obey the table. the House 2 weeks ago is fair and bal- Condit Horn Olver Stated for: anced. Cook Hostettler Ortiz Through the programs of the Corps of Cooksey Houghton Ose Mr. CANNON. Mr. Speaker, I was unfortu- Costello Hoyer Oxley nately delayed away from the Capitol during Engineers and the Bureau of Reclama- Cox Hulshof Packard the vote on the Defense Authorization legisla- tion, we have provided funds to main- Cramer Hunter Pallone tain and rebuild our critical water re- Crane Hyde Pascrell tion, H.R. 4205. However, had I been here, I Crowley Inslee Pastor would have voted ‘‘yea.’’ sources infrastructure and protect mil- lions of citizens who are currently vul- Cubin Isakson Pease f Cummings Istook Pelosi nerable to the devastating effects of Cunningham Jackson-Lee Peterson (MN) GENERAL LEAVE floods. Davis (FL) (TX) Peterson (PA) Davis (VA) Jefferson Petri Mr. SPENCE. Mr. Speaker, I ask Funds that we have provided through Deal Jenkins Phelps unanimous consent that all Members this bill for the Department of Energy Delahunt John Pickering may have 5 legislative days within will help to strengthen our national de- DeLauro Johnson (CT) Pickett DeLay Johnson, E.B. Pitts which to revise and extend their re- fense, increase our scientific knowl- DeMint Johnson, Sam Pombo marks on H.R. 4265. edge, and help us to become more en- Deutsch Jones (NC) Pomeroy The SPEAKER pro tempore (Mr. ergy independent. Diaz-Balart Jones (OH) Porter COOKSEY). Is there objection to the re- In spite of all the good things in this Dickey Kanjorski Portman Dicks Kaptur Price (NC) quest of the gentleman from South bill, the President has legislated to Dingell Kasich Pryce (OH) Carolina? veto it over a single provision included

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22187 by the Senate. The administration as- of funds. And so our conservative Mem- port, indicated it was his desire to set serts that this provision would under- bers who feel that we have spent too aside those $20 million if again we had mine implementation of the Endan- much in this bill I hope will recognize authorization to do so. A compromise gered Species Act. That is simply in- that this is spending money in their to date has not yet been struck. We correct. districts, improving the quality of life lack the authorization and, therefore, Under the provisions of section 103, of their citizens. It is not in the best the chairman, I think wisely, although all alternatives for protecting endan- interest of our Nation to hold up this I know it was a very tough and painful gered species on the Missouri River, in- important piece of legislation over a decision for him, decided not to include cluding a spring rise in river levels, can single provision. Therefore, I ask all those moneys in the bill, and I think it continue to be studied and only a revi- Members to vote to override the Presi- is an eminently justifiable position. sion in the Master Water Control Man- dent’s unfortunate veto of this bill. Mr. Speaker, I would suggest for ual that results from spring rise is pre- Mr. Speaker, I reserve the balance of these reasons and those propounded by vented from being implemented in fis- my time. the chairman of the subcommittee that cal year 2001. Mr. VISCLOSKY. Mr. Speaker, I all of the Members of this institution I wish to significantly note that the yield myself such time as I may con- vote to override the President’s veto. Corps of Engineers has confirmed that sume. Mr. Speaker, I reserve the balance of it will not be prepared to implement a I join my colleague, the gentleman my time. revised Water Control Manual for the from California, in asking all of my Mr. PACKARD. Mr. Speaker, I yield 2 Missouri River until the spring of 2003 colleagues on both sides of the aisle to minutes to the gentleman from Iowa due to the time it will take to comply vote to override the President’s veto of (Mr. LATHAM), a member of the sub- with the provisions of the National En- H.R. 4733, the Energy and Water Appro- committee on appropriations. vironmental Policy. Therefore, this priation Act for the year 2001. The Mr. LATHAM. I thank the gentleman issue really is not an issue. It cannot chairman eloquently addressed the pri- very much for yielding me this time. be implemented before the bill would mary controversy that is engaged in Mr. Speaker, I would just first of all address in terms of the time limits. this legislation and that is the Army like to say this is extraordinarily un- On October 2, the President issued a Corps manual and regulations dealing fortunate for the people in Iowa, Ne- statement in which he said that this with water flow on the Missouri River. braska, Missouri, everyone in the lower provision would ‘‘establish a dangerous I would join in his observations. Mississippi delta that the President ve- precedent aimed at barring a Federal First of all, that the President in 4 toed this bill over the use of the Mis- agency from obeying one of our Na- previous years has signed legislation souri River. This is an extraordinarily tion’s landmark environmental stat- with similar language. Secondly, as far important issue. It goes to saving lives utes.’’ as the issue that is of complaint to the of people who live along the Missouri If the President truly believes that President, it will not come to fruition River, to saving their property. It goes today, then why did he not believe it for another 2 fiscal years, so I do not to how much energy, how much elec- four other times when he signed this think it would be appropriate to veto tric power is available during the peak very provision into law? this legislation based on that one pro- season in the summer coming out of We have done our very best on this vision, given the good work the chair- the dams upstream. It has to do with bill to accommodate the priorities of man and the committee has done on usage on the river as far as navigation all Members of Congress, including the the bill. which they want to dry up the river ba- Democrats and Republicans equally The President also mentioned, how- sically in the summertime. We have a and the administration, as well. ever, three other items in his veto mes- very important issue with recreation in Almost 2 weeks ago, we approved a sage, and I would like for a moment to Sioux City, Iowa, using the marina. conference agreement by a vote of 301– address each of his concerns. The Presi- Mr. Speaker, I will submit a letter 118. I was disappointed at that time dent indicated he is upset that we had from the bipartisan city council of that a number of Members who had not set aside enough funds for renew- Sioux City in opposition to the Presi- come to us for assistance and whose able and solar energy. I would point dent’s position. I think this is an issue wishes we did accommodate in the bill out to the Members that for the cur- which is not a partisan issue. This is voted against passage of the conference rent fiscal year 2000, we appropriated simply wrong. The President has report. Some who voted against the and the administration will spend $362 signed four previous bills that had this conference report may have had their million for these programs. The con- provision in it that today he says he concerns addressed in other bills. ference report that was approved by vetoes the bill for, and you wonder Specifically, the Interior Appropria- the House and Senate and sent to the why. It has to go, I believe, to an ex- tions Conference Report, which now President approved for this coming fis- treme environmental position. I think sits on the President’s desk and he will cal year $422 million for these pro- with the Presidential election coming likely sign it I am told, included $8 grams, a $60 million increase. up and the Vice President taking an million for the Northeast Home Heat- The President also had concerns rel- extreme position here, I think Iowans ing Reserve Issue. ative to expenditures for the Florida and people in Nebraska and Missouri Everglades. The fact is that this legis- should really take a look at who is fa- b 1300 lation contains $20 million in construc- voring a radical group over the lives I am sure that that was part of the tion funds for the Everglades, the exact and property of people who live along reason that some voted against the dollar figure in the President’s budget. the river and the very well-being of conference report on this bill. I expect What the President wanted to do is to those people. that all the Members who voted in add additional expenditures that had Mr. Speaker, I think it is very unfor- favor of the bill two weeks ago will do not yet been authorized, and we have tunate if we have to reopen this bill to so again today and encourage all those been very diligent in ensuring that un- find other moneys for some of the pri- Members who voted no last week to re- authorized programs not enter into the orities the President looked at that we consider that decision. I sincerely hope legislation. are going to have to look in the bill. that we do not have to reopen this bill Finally, the President has com- We are not going to have new money. at this point and possibly reconsider plained that $20 million was not set We have to look in the bill to find out items that have already been agreed to. aside for the so-called Bay-Delta CAL- people, projects, things like that if we I truly believe that a wise use of the FED program. In past years, we have are going to fund the new initiatives, taxpayers money is rebuilding Amer- appropriated up to $60 million for this also. ica’s infrastructure. It is spending important program; and the chairman, Mr. Speaker, I rise in support of the their tax dollars to improve their qual- during the debate and discussion we override of this very unfortunate and ity of life. It is a very good expenditure had on the floor on the conference re- misguided veto.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22188 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Mr. Speaker, I include the following peak harvest periods. The busiest time for posed spring rise. The section at issue letter for the RECORD: agriculture shipments is the exact time that is section 103 that simply says that the low flow period in a split navigation sce- OFFICE OF THE CITY COUNCIL, none of the funds available in this en- nario would decrease the ability to use the Sioux City, IA, October 3, 2000. river for transportation and would leave ergy and water bill would be available U.S. Representative TOM LATHAM, farmers with fewer transportation and stor- to revise the master manual to provide Cannon House Office Building, age options. Data taken on corn bid prices for an increase in the springtime water Washington, DC. from November 10, 1999 shows that corn bid release during heavy spring rainfall DEAR REPRESENTATIVE LATHAM: One of the prices range from 13–51 cents more per bushel issues that we understand you are addressing and snow melt in States that have riv- for sites located near a river when compared is the management of the Missouri River. ers that drain into the Missouri. As the with those sites that are landlocked and de- First, we would like to thank you for your chairman pointed out, this has been in pendent solely on rail and truck transpor- previous votes on this issue on behalf of the previous four out of the five spend- tation. Navigation on the Missouri River as- Sioux City and Iowa. We appreciate very sists farmers with an additional avenue to ing bills that Congress has passed, the much your support and understanding in this market and transport their commodities at President has signed. It allows a range issue. What still needs consideration and competitive rates. of different options but only prevents study is how those changes to the current Industrial Commodities.—It has been prov- one specific harmful alternative and management may affect Iowans and the en that there is an economic advantage in that is a controlled flood. downstream states affected by those industry to have access to both rail and changes. We thank you for the time and at- I hope those that support the Presi- barge transportation. Rail companies charge dent’s veto do not try to create this tention you are giving to this matter. less, irrespective of distances traveled, if ei- There should be a broader perspective on ther the initial or final location is near a false choice between picking between the issue at stake than just recreation barge facility, due to the desire to remain the environment and picking between versus navigation. Policies developed with competitive with barge rates. These water- commerce. Clearly, commerce is af- much deliberation for over four decades such compelled rates enable our companies to re- fected. As the gentleman from Iowa as this should be approached very carefully. main competitive with comparatively much mentioned before, navigation is ex- there are industries such as downstream larger operations. These companies would tremely important. This affects the recreation, hydropower generation, agri- see 50% increase in transportation costs culture, transportation, and navigation that lower Mississippi River Valley as well. without access to barge transportation and In fact, if this split navigation season would be dramatically affected by the plan would be ultimately passed on to consumers. to implement a spring rise in the spring with Degradation Through High Rises.—The im- had been in effect a year ago, it would correlating low flows during late summer pact on riverbed degradation must be deter- have meant three feet of draft water and early fall. There are also issues such as mined before the artificially high flows are difference in Memphis, Tennessee, flood control for cities, counties, and farm- implemented as already serious degradation which really does affect navigation land along the Missouri River that have not problems will only get worse with the spring along the lower Mississippi. But even yet been sufficiently studied to assess poten- rise approach. The high-rise period in 1969– tial damage and economic impact. on the environmental point of view, we 1972 degraded the riverbed by four feet and have scientists in our State, our Mis- Downstream Recreation.—The Sioux City high rises in 1993–1996 degraded the riverbed Riverfront Master Plan calls for $8 million in by an additional two feet. Further degrada- souri Department of Natural Re- improvements to the City’s Marina and tion will threaten the under-river utility sources, that opposes a spring rise. riverfront area. The City of Sioux City can- crossing, continue the current loss of wet- They say they are convinced that off- not proceed with economic plans until the land and oxbow lake areas due to drainage channel and nonflow-related mitiga- full effects of changes to the management of into the river, will eventually threaten bank tion and restoration efforts are the the Missouri River are known. The pulse and stabilization structures, piers, and abut- best ways to enhance habitat. They say character of Sioux City revolves around the ments, as well as increase the maintenance river, boating, and water sports. There are that the Missouri River already has a cost for marinas and boat ramp basins. The natural spring rise hydrograph, yet we also riverboat gambling operations on the City of Sioux City’s collector well and pos- Missouri River that generate $80 million to sibly two of the radials of that well would be have not seen how certain species are Iowa’s state taxes—specifically to fund the impacted if additional significant erosion or flourishing and so they look at other recently passed Vision Iowa legislation. Iowa degradation were to occur. options. State statute compels riverboats that gam- Sincerely, Mr. Speaker, we can be environ- ble to sail at least 100 days per year and it is MARTIN J. DOUGHERTY, mentally friendly and still support this unknown how this will affect their ability to Mayor. veto override. That is why our own comply with state statute and how that po- CRAIG S. BERENSTEIN, State Department of Natural Re- tential loss of revenue would affect Iowa’s Council Member. future. sources believes that improvement TODD A. MOSS, Hydropower Generation.—Under the spring projects can be done with the coopera- Mayor Pro-Tem. rise plan we would only be able to use ap- TONY DRAKE, tion of adjacent landowners, that that proximately 58% of full capacity during the Council Member. will provide the best success. peak energy usage period. All public energy THOMAS R. PADGETT, Let me just say that the Missouri utilities receive a percentage of their energy Council Member. River, we are very blessed as it is a as hydropower, very inexpensive energy. When there is excess hydropower energy, Mr. PACKARD. Mr. Speaker, I yield 3 natural resource that supports 60 spe- that power can be marketed to an eager mar- minutes to the gentleman from Mis- cies of mammals, 301 species of birds, 52 ketplace looking for this lower-cost energy. souri (Mr. HULSHOF). species of reptiles or amphibians, 156 When the hydropower supply is lower, as is (Mr. HULSHOF asked and was given species of fish. The President vetoed would be in times of low flow, higher cost en- permission to revise and extend his re- this bill because of two birds and one ergy must be used and that extra cost is marks.) fish that are on the endangered species passed on to consumers. The effect of de- Mr. HULSHOF. I thank the gen- list. I would ask, Mr. Speaker, that we creasing hydroelectric supply in a peak tleman for yielding me this time. would consider the habitat of the 22,500 usage period with dramatically increased Mr. Speaker, I urge this body to over- rates needs further study. homeowners that are located within Flood Control.—While spring rise flows ride the President’s veto. I am fortu- the identifiable flood control area, will likely not flood Sioux City at current nate enough to represent 216 miles of flood plain area. estimates, the effects of high flows from river which includes the Mississippi I urge this body to override the tributaries will need to be studied before ei- but 86 miles of the Missouri River that President’s veto. ther the City of Sioux City or Woodbury forms the boundary in my district. Mr. PACKARD. Mr. Speaker, I yield 2 County could endorse the spring rise option. I would ask, Mr. Speaker, that Mem- minutes to the gentleman from South Transportation Costs to Agriculture Indus- bers of this body really would give Dakota (Mr. THUNE). try.—The farm economy is extremely weak, some deference to this bipartisan coali- experiencing low prices, increased interest Mr. THUNE. I thank the gentleman rates than previous years, and high fuel tion of Members in Missouri that do for yielding me this time. prices. The agriculture industry will take not support the Fish and Wildlife’s po- Mr. Speaker, my State has been try- another hit if they lose the ability to haul sition, that would urge an override of ing to revise the master manual for a and store grain and fertilizer, especially at the President’s veto, that is, this pro- long time. Unfortunately, this issue

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00032 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22189 has become political and it should not. Omaha saying we do not like the idea when water projects vital to the lives It has become more about endangered of controlled floods. We have Repub- of American citizens are needed, we species than it has about people. The licans and Democrats from South Da- cannot sit idly by as the President State of South Dakota has a lot at kota, Iowa, Nebraska, Missouri. The would have us do. stake in this debate. We have a huge gentleman from Missouri (Mr. GEP- So I would just simply say that this recreational industry in our State. In HARDT) is not in favor of the new flood bill is worthy of becoming law, and I fact, the recreational industry in plan. believe that we have every reason in South Dakota and surrounding States We should vote to override the Presi- the world, as a Congress acting in this is about $80 million a year, whereas dent’s veto on this, and we should look fashion, to override this veto because, navigation is about $7 million a year. at a better plan. frankly, it does not speak to the needs The master manual needs to be revised Mr. PACKARD. Mr. Speaker, I yield 2 of the people. So I would just join in to reflect modern uses. The Corps of minutes to the gentleman from Michi- with those who have already spoken on Engineers is working with the U.S. gan (Mr. KNOLLENBERG), a valued mem- behalf of overriding this veto by the Fish and Wildlife Service and with the ber of the subcommittee and also one President. I think it is a just bill, and eight Missouri Basin States in an asso- that has worked on this bill consider- I think it is proper that we do override ciation, the Missouri River Basin Asso- ably. this veto. Mr. VISCLOSKY. Mr. Speaker, I ciation, to do just that. There is a b 1315 schedule in place. The environmental yield myself such time as I may con- impact statement is due out in June of Mr. KNOLLENBERG. Mr. Speaker, I sume. next year. The final decision is due in thank the gentleman from California Mr. Speaker, I would simply end my 2002. (Mr. PACKARD) for yielding me this remarks by again asking my colleagues My point very simply, Mr. Speaker, time. to vote to override the President’s is that this is an independent process. Mr. Speaker, I rise in strong support veto. It is a process that is working to build of overriding the President’s veto of Mr. Speaker, I yield back the balance consensus among the States of the Mis- the 2001 Energy and Water Appropria- of my time. souri River Basin. It should not become tions bill, and I urge each and every Mr. PACKARD. Mr. Speaker, I yield bogged down and involved in politics Member who voted in favor of the con- myself such time as I may consume. and unfortunately it has. I supported ference report 2 weeks ago to maintain Mr. Speaker, I would simply like to the energy and water bill when it left their support for this legislation today. reaffirm the fact that, and I think it is the House because it had water funding The administration appears to show well known in this body, we have tried that is important to my State of South a callousness toward the rural people to write this conference report as a Dakota and the chairman worked who will be flooded. This callousness very bipartisan piece of legislation. I closely with us to secure that. This smells of the comments that the gen- have gone as far as I know how to go to issue became bogged down and the tleman from Rhode Island (Mr. KEN- really reach out to the other side, and President vetoed it over an inde- NEDY) made earlier this year to the ef- I hope that they will recognize that pendent provision, a provision which, fect that the Democrats were writing this is a good bill and, therefore, we as I said earlier, has no immediate con- off the rural areas, and I am quoting, need to override the President’s veto. sequence because the process that is in ‘‘to hell with the rural people,’’ un- Mr. POMEROY. Mr. Speaker, when the place to revise the master manual quote, attitude. House considered the Energy and Water Ap- moves forward independent of this Well, the flooding of Missouri and propriations Conference Report nearly two rider. It is important in my view that several other States has in several re- weeks ago, I voiced my strong opposition to we get a master manual fix, a revision cent years put Missourians and others the legislative rider that would prevent the that is reflective of modern uses on the through a sort of hell. I ask for some Corps of Engineers from moving forward to re- reservoir. compassion and common sense here for vise the Missouri River Master Manual. At the The spring rise/split season approach these people. time I indicated that I would vote to sustain the frankly, Mr. Speaker, is not in the best My other concern is about the trust- President’s veto if the conference report came interests of South Dakota. It hurts hy- worthiness of the administration. This back to the House and I intend to do that dropower generation. We would lose very provision has been signed in the today. about $50 million a year in hydropower previous 4 years. Today, the Missouri River is managed by generation if that becomes the change. PARLIAMENTARY INQUIRY the Corps of Engineers on the basis of a man- It also hurts, I think, a lot of the down- Mr. VISCLOSKY. Mr. Speaker, par- ual that was adopted over 40 years ago. stream areas south of Gavins Point in liamentary inquiry. Under the manual, the Corps manages the the area of bank erosion. There are en- The SPEAKER pro tempore (Mr. river by trying to maintain steady water levels vironmental problems associated with LATOURETTE). The gentleman will through the spring and summer to ensure this. And what has happened is all state his parliamentary inquiry. there is always enough water to support barge these things have become hostage to Mr. VISCLOSKY. Mr. Speaker, a cer- traffic downstream. Unfortunately, under this the piping plover, the least tern, and tain four-letter word has been men- management system, navigation has been the pallid sturgeon. tioned several times here on the House emphasized on the Missouri River to the det- I support those things, Mr. Speaker. floor, and I am wondering if it is appro- riment of upstream interests, including recre- We want to make sure that we protect priate given the decorum of the House. ation, which is much more important now than endangered species but not at the ex- The SPEAKER pro tempore. In re- it was in 1960. The projections on barge traffic pense of people, not at the expense of a sponse to the inquiry of the gentleman used to justify the manual have never mate- process that is moving forward on an from Indiana (Mr. VISCLOSKY), it is not rialized and have actually declined since its independent track and which will ad- in order to use profanity during debate, peak in the late 1970s. dress the master manual in a consensus even if uttered and quoted from a The manual used today does not provide an way. printed source. appropriate balance among the competing in- Mr. PACKARD. Mr. Speaker, I yield 2 The gentleman from Michigan (Mr. terests. The time has come for the manage- minutes to the gentleman from Iowa KNOLLENBERG) is recognized. ment of the Missouri River to reflect the cur- (Mr. GANSKE). Mr. KNOLLENBERG. Mr. Speaker, I rent economic realities of a $90 million annual Mr. GANSKE. Mr. Speaker, I urge accept that. recreation impact upstream, versus a $7 mil- Members on both sides of the aisle to Mr. Speaker, as I said a few short lion annual navigation impact downstream. vote in a bipartisan way to override weeks ago, this is a good bill, and a The Corps should not be stopped in their ef- the President’s veto. The Democratic good conference report. It is balanced forts to revise and update the manual and mayor of Council Bluffs, Iowa stood re- and responsible. At a time when energy achieve a balance between all parties who cently with the Republican mayor of costs are hitting record levels and use and rely on the Missouri River.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.001 H11OC0 22190 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Mr. PACKARD. Mr. Speaker, I yield Peterson (MN) Serrano Thompson (CA) The result of the vote was announced back the balance of my time, and I Peterson (PA) Sessions Thompson (MS) as above recorded. Phelps Shadegg Thornberry move the previous question. Pickering Shaw Thune Stated against: The previous question was ordered. Pickett Sherwood Thurman Mr. MORAN of Virginia. Mr. Speaker, on Pitts Shimkus Tiahrt rollcall No. 523, I was unavoidably detained. The SPEAKER pro tempore. The Pombo Shows question is, Will the House, on recon- Tierney Had I been present, I would have voted ‘‘nay.’’ Porter Simpson Traficant Price (NC) Sisisky The SPEAKER pro tempore. The sideration, pass the bill, the objections Turner Pryce (OH) Skeen of the President to the contrary not- Udall (CO) Clerk will notify the Senate of the ac- Quinn Skelton tion of the House. withstanding? Radanovich Smith (MI) Udall (NM) Under the Constitution, the vote Rahall Smith (NJ) Upton f must be determined by the yeas and Regula Smith (TX) Visclosky Reyes Smith (WA) Vitter WAIVING POINTS OF ORDER nays. Reynolds Snyder Walden AGAINST CONFERENCE REPORT The vote was taken by electronic de- Riley Souder Walsh ON H.R. 4461, AGRICULTURE, vice, and there were—yeas 315, nays 98, Rivers Spence Wamp Rodriguez Spratt Watkins RURAL DEVELOPMENT, FOOD not voting 19, as follows: Roemer Stabenow Watts (OK) AND DRUG ADMINISTRATION, [Roll No. 523] Rogan Stark Weiner AND RELATED AGENCIES APPRO- Rogers Strickland YEAS—315 Weldon (FL) PRIATIONS ACT, 2001 Rohrabacher Stump Weldon (PA) Abercrombie Dickey Johnson (CT) Ros-Lehtinen Stupak Weller Mr. DIAZ-BALART. Mr. Speaker, by Aderholt Dicks Jones (NC) Roukema Sweeney Whitfield direction of the Committee on Rules, I Armey Dixon Jones (OH) Salmon Talent Wicker Baca Dooley Kanjorski Sanchez call up House Resolution 617 and ask Tanner Wilson Bachus Doolittle Kaptur Sandlin Tauscher for its immediate consideration. Wolf Baird Doyle Kasich Sawyer Tauzin Woolsey The Clerk read the resolution, as fol- Baker Dreier Kelly Saxton Taylor (MS) lows: Ballenger Duncan Kennedy Scarborough Taylor (NC) Wu Barcia Dunn Kildee Schakowsky Terry Young (AK) H. RES. 617 Barr Edwards Kilpatrick Scott Thomas Young (FL) Resolved, That upon adoption of this reso- Barrett (NE) Ehlers King (NY) NAYS—98 lution it shall be in order to consider the Bartlett Ehrlich Kingston conference report to accompany the bill Bass Emerson Knollenberg Ackerman Gutknecht Pallone (H.R. 4461) making appropriations for Agri- Bentsen English Kolbe Allen Hilliard Paul Bereuter Etheridge Kuykendall Andrews Hinchey Payne culture, Rural Development, Food and Drug Berkley Evans LaFalce Baldacci Holden Petri Administration, and Related Agencies pro- Berry Everett LaHood Baldwin Holt Pomeroy grams for the fiscal year ending September Biggert Ewing Lampson Barrett (WI) Hostettler Portman 30, 2001, and for other purposes. All points of Bilbray Farr Lantos Becerra Jackson-Lee Ramstad order against the conference report and Bilirakis Fletcher Larson Berman (TX) Rangel against its consideration are waived. The Bishop Foley Latham Blagojevich Jefferson Rothman conference report shall be considered as Bliley Ford LaTourette Blumenauer Johnson, E.B. Roybal-Allard Blunt Fossella Leach Brown (OH) Johnson, Sam Royce read. Boehlert Fowler Lee Castle Kind (WI) Rush The SPEAKER pro tempore. The gen- Boehner Frelinghuysen Levin Chabot Kleczka Ryan (WI) tleman from Florida (Mr. DIAZ- Bonilla Frost Lewis (CA) Coburn Kucinich Ryun (KS) Bonior Gallegly Lewis (KY) Conyers Largent Sabo BALART) is recognized for 1 hour. Bono Ganske Linder Cook Lewis (GA) Sanders Mr. DIAZ-BALART. Mr. Speaker, for Borski Gekas Lipinski Cubin Lowey Sanford purposes of debate only, I yield the cus- Boswell Gephardt LoBiondo Davis (IL) Luther Sensenbrenner Boucher Gilchrest Lofgren DeFazio Maloney (CT) Shays tomary 30 minutes to the gentleman Boyd Gillmor Lucas (KY) DeLauro Markey Sherman from Massachusetts (Mr. MOAKLEY), Brady (PA) Gilman Lucas (OK) DeMint McCarthy (MO) Slaughter pending which I yield myself such time Brady (TX) Gonzalez Maloney (NY) Deutsch McDermott Stearns as I may consume. During consider- Brown (FL) Goode Manzullo Dingell McKinney Stenholm Bryant Goodlatte Martinez Doggett McNulty Sununu ation of this resolution, all time yield- Burr Goodling Mascara Engel Meeks (NY) Tancredo ed is for purposes of debate only. Burton Gordon Matsui Fattah Minge Toomey Mr. Speaker, House Resolution 617 is Buyer Goss McCarthy (NY) Filner Moran (KS) Towns Callahan Graham McCrery Forbes Myrick Vela´ zquez a rule providing for the consideration Calvert Granger McGovern Frank (MA) Nadler Waters of the conference report to accompany Camp Green (TX) McHugh Gejdenson Napolitano Watt (NC) H.R. 4461, the agriculture appropria- Canady Greenwood McInnis Gibbons Oberstar Wexler tions bill for fiscal year 2001. Cannon Hall (OH) McIntyre Green (WI) Obey Weygand Capps Hall (TX) McKeon Gutierrez Owens Wynn The rule waives all points of order Capuano Hansen Meek (FL) against the conference report and its Cardin Hastings (FL) Menendez NOT VOTING—19 consideration. The rule provides that Carson Hastings (WA) Metcalf Archer Klink Neal the conference report shall be consid- Chambliss Hayes Mica Barton Lazio Schaffer Chenoweth-Hage Hayworth Millender- Campbell McCollum Shuster ered as read. Clay Hefley McDonald Coble McIntosh Waxman I am pleased, Mr. Speaker, to support Clayton Herger Miller, Gary Danner Meehan Wise this rule, which provides for the con- Clement Hill (IN) Miller, George Eshoo Miller (FL) sideration of the conference report to Clyburn Hill (MT) Mink Franks (NJ) Moran (VA) Collins Hilleary Moakley accompany H.R. 4461, the agriculture Combest Hinojosa Mollohan appropriations bill. I believe the con- Condit Hobson Moore b 1340 Cooksey Hoeffel Morella ference report represents a good over- Costello Hoekstra Murtha Mr. BERMAN changed his vote from all package. It provides important Cox Hooley Nethercutt ‘‘yea’’ to ‘‘nay.’’ funds desperately needed by America’s Coyne Horn Ney Messrs. HASTINGS of Florida, farmers. Cramer Houghton Northup Crane Hoyer Norwood DELAHUNT, GONZALEZ, and SCOTT, For instance, the bill includes $3.5 Crowley Hulshof Nussle Ms. KILPATRICK, Mr. RODRIGUEZ, billion in emergency disaster relief Cummings Hunter Olver Mrs. JONES of Ohio, and Ms. CARSON funds for farmers. Just last week, I was Cunningham Hutchinson Ortiz Davis (FL) Hyde Ose changed their vote from ‘‘nay’’ to able to tour severely flooded areas in Davis (VA) Inslee Oxley ‘‘yea.’’ my district with FEMA Director Witt Deal Isakson Packard So, two-thirds having voted in favor and saw the extent of the over $200 mil- DeGette Istook Pascrell thereof, the bill was passed, the objec- lion worth of crop losses just in agri- Delahunt Jackson (IL) Pastor DeLay Jenkins Pease tions of the President to the contrary cultural South Florida due to the Diaz-Balart John Pelosi notwithstanding. heavy rains.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22191 b 1345 archy have access to all the luxuries ments. One would have lifted the The devastation underscored to me that dollars can buy. It will no longer American embargo on food and medi- how critically important disaster as- have the excuse of a legal inability to cine going to Cuba. It passed the House sistance can be to our farmers. The purchase American agricultural prod- by a vote of 301–116. The other would main bill is a good product from an ag- ucts. have allowed American citizens to ricultural perspective. It provides $80 Mr. Speaker, so while United States travel to Cuba. Mr. Speaker, that billion in mandatory and discretionary farmers look at new markets under passed the House 232–186. spending while setting aside $5 billion this legislation, especially in other Mr. Speaker, nobody has heard about to reduce the public debt. countries dealt with by the agreement, them since. I have been to Cuba. I have Mr. Speaker, I am pleased that por- key pressure and leverage are main- seen the pain of the Cuban people. I tions of the Hunger Relief Act are in- tained for a democratic transition in have seen the children in Cuba suffer cluded. As an original cosponsor of Cuba. for lack of simple medical devices. Sen- that important legislation to help poor The agreement takes note of the ior citizens in Cuba grow frail far soon- families, children and the elderly have floor votes regarding Cuba policy by er than they should for lack of modern adequate access to hunger assistance the House and Senate in the recent medicine. Meanwhile, we in the United programs, I believe that the legislation past: the votes regarding agricultural States have the world’s best doctors, takes an important step in the right di- sales to Cuba; the differing votes in the best hospitals, best researchers. rection by including it in the con- House and Senate with regard to trav- We should be sharing those discov- ference report. el, the Senate having voted against eries with our Cuban neighbors because Mr. Speaker, I would like to thank U.S. unrestricted travel to Communist it is the right thing to do, not denying several of my colleagues for their tire- Cuba, and the strong vote against to- them because we oppose Fidel Castro’s less efforts in helping negotiate a care- tally dismantling the U.S. embargo on policies. fully crafted compromise on the issue the Cuban dictatorship by this House But this conference report will not of sanctions: the gentleman from New on July 20 of this year. let us do that. Mr. Speaker, this con- Mexico (Mr. SKEEN), the gentleman The essential framework of the ference report subverts the will of the from Florida (Chairman YOUNG), the United States policy toward Cuba that vast majority of the House, because the gentlewoman from Missouri (Mrs. sanctions will be maintained until the Republican leadership disapproves. The EMERSON), the gentleman from Wash- political prisoners are freed, labor Republican leadership also apparently ington (Mr. NETHERCUTT), and the gen- unions and the press are legalized, and disapproves of allowing American citi- tleman from Missouri (Mr. BLUNT) free elections are agreed to, is left in zens the right to travel freely. worked throughout the process with place in this legislation. Mr. Speaker the way it stands now, me, and the gentlewoman from Florida Mr. Speaker, we need not even look American citizens are allowed to travel (Ms. ROS-LEHTINEN), my dear friend, to to the myriad lessons of history, to Iran. American citizens can go to achieve a fair compromise. though we certainly could, for proof of North Korea, but they are not allowed Mr. Speaker, I am deeply grateful to the wisdom of that policy. As we speak to travel just 90 miles away from this the gentleman from Illinois (Speaker today, sanctions are being lifted country to a country that is no threat HASTERT), the gentleman from Texas against Yugoslavia, including travel to us in any way. (Mr. ARMEY), the majority leader, and restrictions, because, and only after, I believe that this is an unjustified the gentleman from Texas (Mr. DELAY), the dictatorship there held elections denial of Americans’ liberty. I believe the majority whip, for their support, as and agreed to recognize the winner of American citizens are the best kind of well as the Senate majority leader and those elections. diplomats in the world, and our govern- Senator MACK. Sooner or later, but mark my words, ment should get out of the travel agen- I would also like to take this oppor- inevitably, freedom will come to the cy business and let them go where they tunity to thank some of the staff who long-suffering island of Cuba as well, want. contributed to these successful nego- and the free men and women of the free But, Mr. Speaker, the Republican tiations, especially Scott Palmer, and democratic republic of Cuba will leadership disagrees. This conference Julianne Carter, Nancy Dorn, Steve wish to do business with those who report codifies travel restrictions on Vermillion, Ylem Poblette, and Steve choose to stand alongside them for Cuba which will make it harder for fu- Rademaker. freedom and did not collaborate with ture administrations to allow Ameri- The compromise authorizes sales of the totalitarian dictatorship. cans to travel to that island. This, too, United States agricultural commod- I hope the House and Senate will pass despite a vote to the contrary. ities to the Cuban regime; but without this legislation to help our farmers. All So despite the overwhelming votes in American financing, it also makes eyes will then be on the Clinton-Gore the House, the Republican leadership clear that the President cannot expand administration. Will the President sign has made sure we continue that effec- travel categories and accompanying this conference report to help Amer- tive ban on food and medicine to Cuba revenues to totalitarian Cuba beyond ican farmers despite the opposition of and prevent Americans from traveling the existing ones. the Castro dictatorship? I certainly there. In other words, the primary objective hope that he does. Mr. Speaker, once again, they put of the Cuban dictatorship that the Mr. Speaker, I will let the appropri- politics before people, and not only in United States taxpayers subsidize the ators speak to the other issues in- Cuba. Despite the high costs of pre- regime, in effect taking the place of cluded in the conference report, but I scription drugs and the great oppor- the former Soviet Union, is not per- do wish to strongly urge my colleagues tunity before us, this bill will do vir- mitted. Nor can the Cuban dictatorship to support this rule and the underlying tually nothing, nothing to lower drug dump its agricultural products on the legislation. prices for the people right here in the United States market, to the serious Mr. Speaker, I reserve the balance of United States. It is riddled with so detriment of American farmers. That my time. many loopholes. Mr. Speaker, I am sur- dumping, by the way, Mr. Speaker, is Mr. MOAKLEY. Mr. Speaker, I yield prised that there is anything left of it another fundamental goal of the Cuban myself such time as I may consume. at all. regime. Mr. Speaker, I thank my colleague, Today’s New York Times directly At the same time, the Cuban dicta- the gentleman from Florida (Mr. DIAZ- quotes a drug lobbyist saying, and I torship after this legislation will no BALART), for yielding me the cus- quote, ‘‘I doubt anyone will realize a longer have the excuse with regard to tomary time. penny of savings from this legislation.’’ the great food shortages that it has Mr. Speaker, once upon a time, not In fact, this conference report en- created for the Cuban people while for- too very long ago, this House passed ables drug companies to choke off the eign tourists and the regime’s hier- two very forward-thinking amend- supply of low-price foreign drugs to

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22192 CONGRESSIONAL RECORD—HOUSE October 11, 2000 American consumers who are out there These prohibitions underscore the ciples reaching an agreement on issues, looking for that break. dictatorship’s inability to pay its debt. a compromise that will promote Amer- Mr. Speaker, American seniors pay For example, the regime owes over $11 ican interests here and abroad. This about $1,100 a year for their medicine. billion of debt to Western governments bill, Mr. Speaker, accomplishes this In order to pay the bills, some of them and $300 million in back payments goal. have to choose between paying rent, owed to oil suppliers. This is just the Mr. Speaker, I urge my colleagues to heating their homes, buying food or ac- microcosm of a much larger endemic support the rule, to support the con- tually getting their medicine; and that problem. ference report; and reiterating the is why I am urging my colleagues to As a result, the financing prohibi- words of the gentleman from Florida oppose the previous question. tions in this bill protect the American (Mr. DIAZ-BALART), I would also like to If the previous question is defeated, I taxpayers from bailing out Castro. It thank the people on our side of the will offer an amendment to make in allows for agricultural trade with the aisle who helped in fashioning this order the Democratic plan to allow ac- regime, but on a cash-only basis, there- agreement: The gentleman from New cess to the supply of lowest-cost medi- by saving our constituents from loan Mexico (Mr. SKEEN), the gentleman cations that meet American safety defaults and failed investments. from Florida (Mr. YOUNG), the gentle- standards. Mr. Speaker, by prohibiting imports woman from Missouri (Mrs. EMERSON), Mr. Speaker, drug prices are far too from Cuba, it protects America’s farm- the gentleman from Missouri (Mr. high in the United States, and we need ers from dumping, from other illegal BLUNT) and the gentleman from Wash- to do something about it. Now is our trading practices, from contamination ington (Mr. NETHERCUTT). chance, so I urge my colleagues to op- and infestation, from a regime which Mr. Speaker, I hope this bill sends a pose the previous question and oppose repeatedly ignores its commitments strong message to the Cuban people the rule. under global trade pacts which it has that we in the United States Congress Mr. Speaker, I reserve the balance of already signed. stand by their side and not by their re- my time. More importantly, the sanctions pro- gime. Mr. DIAZ-BALART. Mr. Speaker, I visions in this bill reiterate the his- Mr. MOAKLEY. Mr. Speaker, I yield toric and long-standing commitment of yield 5 minutes to the gentlewoman 21⁄2 minutes to the gentleman from the United States Congress in support from south Florida (Ms. ROS- Massachusetts (Mr. MCGOVERN). of freedom and democracy for the long- LEHTINEN), my very good friend and Mr. MCGOVERN. Mr. Speaker, I rise distinguished colleague. suffering Cuban people. By denying the to oppose this rule. Mr. Speaker, today Ms. ROS-LEHTINEN. Mr. Speaker, I Castro regime access to hard currency is a very sorry day for the American thank the gentleman from Florida (Mr. and U.S. financial institutions, it helps people. It is a sorry day because a ensure that the U.S. does not become DIAZ-BALART), my colleague, for yield- small group opposed to the will of this an accomplice to the continued sub- ing me the time. House and the will of the other body jugation and enslavement of the Cuban Mr. Speaker, I rise in support of the have struck a deal among themselves people; that the U.S. does not directly rule for the agricultural appropriations depriving the American people access contribute to the coffers of this totali- conference report. The sanctions lan- to Cuba. guage in this bill is the result of a long tarian regime. This bill will loosen restrictions on As a result, the sanctions provision and painstaking process, one which the commercial sale of food and medi- acknowledges that the Castro regime would not have been possible without cines to the governments of North has been repeatedly cited by our own the participation and support of those Korea, Libya, Sudan and Iran, but Cuba State Department as one of the worst in leadership who, from the onset, com- is treated differently. When it comes to violators of human rights in the world mitted themselves to a final product Cuba, our farmers and medical compa- and condemned by both the United Na- which would meet the expectations of nies will have to find financing, not tions Commission on Human Rights both sides of this very hot debate. through American banks, but through and the Inter-American Commission on While the language in this conference third country financial institutions. Human Rights for its systematic, ongo- report makes changes to existing law, This makes it far more likely that ing violations of the basic rights of its it does so without undermining U.S. Cuba will continue to be forced to pur- foreign policy or national security pri- citizens. This is a regime which persecutes chase food, other agricultural products, orities regarding the Castro regime, and imprisons its citizens. It tortures medicines and medical devices from nor America’s commitment to freedom them. It denies them food and medical other countries. It all but guarantees and democracy for the enslaved Cuban attention. It forces them to rot in that small and medium-sized American people. By maintaining the licensing squalid jail cells, because these people farmers will not be competitive in a requirements and the review process, have the courage to demand that their Cuban market. the provision acknowledges the Cuban The Cuba provision in this bill hurts rights be heard, that their rights as dictatorship’s support for global ter- American farmers, it hurts American human citizens be respected, to de- rorism and guerrilla insurgents who bankers, and it is an insult to the mand that their civil liberties be re- seek to overthrow the legitimate, American people. This bill also codifies spected and upheld, to demand free- democratically elected governments in current restrictions on travel to Cuba. dom, to call for free and democratic the Western Hemisphere. Should this President or the next multiparty elections where they will be Mr. Speaker, it underscores the Cas- President want to extend travel li- able to participate in determining tro regime’s espionage activities censes for universities to set up ex- Cuba’s future. against the United States; its coordina- change programs from the current 2- tion of and direct involvement in drug b 1400 year license to 3 years, he will have to trafficking into the U.S.; and its mur- This is a dictatorship which has been ask Congress. der of U.S. citizens. condemned by the OAS Special Should this President or the next one By prohibiting U.S. financing, cred- Rapporteur for Freedom of Expression want to allow Cuban-American fami- its, guarantees and bartering, the sanc- precisely for its blatant disregard for lies to travel to Cuba three times a tions provisions in this bill acknowl- the rights of the Cuban people. year instead of the current once-a-year edge the lawlessness and the corrup- For those of us who have experienced permit, he will have to ask Congress. tion that pervades the Communist sys- firsthand what it means to live under Should this President or the next one tem implemented by Fidel Castro and the brutal Castro regime, the debate decide all Americans should have the the totalitarian nature of a regime about whether to allow agricultural freedom to travel wherever they which controls all sectors of the Cuban sales to Cuba was a gut-wrenching one. choose, he will have to ask Congress. economy, the government, and society However, the legislative process is But wait a minute. Congress has al- as a whole. founded upon men and women of prin- ready spoken on these issues. Three

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22193 hundred one Members of this House are sentences being handed out of 15 Mr. PALLONE. Mr. Speaker, the voted to lift the restrictions on the years or 10 years as we speak. So is this drug reimportation provision in this sale of food and medicine to Cuba. Two the moment, then, to expand accepted bill is a sham. The provision the Re- hundred thirty-two Members of this gestures towards the regime. publicans are now proposing is riddled House voted to end the sanctions on Now, we are saying to the farmers, with loopholes that will render its pas- travel to Cuba. you can go and sell if Castro pays, but sage virtually meaningless. So who needs to be asked? Not Con- the U.S. taxpayer is not going to. The First of all, it includes a sunset gress. Just a handful of Members who U.S. taxpayer is not going to finance clause. After 5 years, the proposal is still cling to the 40-year-old failed Cold Castro. No, no, no. For that, there is no phased out. Second, under this sham War policy of the past. consensus. There is no majority here, I proposal, if manufacturers use foreign Mr. Speaker, the Cuba provision in can assure my colleagues. Mr. Speaker, language labels or any labels that fail this bill ensures that the American the U.S. taxpayer financing sub- to meet FDA specifications, the drugs people, the very best ambassadors of stituting for the Soviet Union, no. will not be eligible for reimportation. American values and ideals, will be That is not something that American The Republican leadership also in- banned by their own Congress from farmers want. They want to be able to cluded a third loophole for the pharma- traveling just 90 miles off our shore. go and compete, but they do not want ceutical industry’s protections that al- That is a disgrace. Castro and his regime of thugs to be lows drug companies to enter into re- I urge my colleagues to oppose this subsidized by the U.S. taxpayer. No. strictive contracts with foreign dis- rule and demand that this bill reflect That is not the issue. tributors that prevent such distribu- the true will of this House and the will Now, some in this Congress would tors from reselling pharmaceuticals to of the American people. like that. Some in this Congress would American pharmacies and wholesalers. Mr. DIAZ-BALART. Mr. Speaker, I like the U.S. taxpayer to become the This is business as usual for our sen- ask the gentleman from Massachusetts new Soviet Union and subsidize Castro, iors, which means price gouging and (Mr. MOAKLEY) how many speakers he but that is not what the American peo- price discrimination. has on his side that wish to speak. ple want. Under the Democratic proposal, Mr. MOAKLEY. Mr. Speaker, I would Mr. Speaker, I reserve the balance of every Medicare beneficiary will have like to inform the gentleman from my time. the option of enrolling in the prescrip- Mr. MOAKLEY. Mr. Speaker, I yield Florida (Mr. DIAZ-BALART) that we tion drug benefit plan that, not only is 1 minute to the gentleman from Texas have many speakers. We have very affordable, but will guarantee access to (Mr. HINOJOSA). many speakers. In fact, all our time is Mr. HINOJOSA. Mr. Speaker, I rise all medically necessary drugs and pro- given out. today to speak against the rule to con- vide coverage for catastrophic drug Mr. DIAZ-BALART. Mr. Speaker, I sider the Agriculture conference re- costs. These are the types of measures yield myself such time as I may con- port. My specific concern is with the that we should be considering today. sume. Stop this fraud from being per- reimportation language. As it stands, Mr. Speaker, the reality of the mat- petrated on our seniors. Vote no on it is nothing more than a Trojan horse. ter is that, first of all, as I stated in Seniors in my congressional district this rule. my statement previously, there is a have asked me time and time again to Mr. DIAZ-BALART. Mr. Speaker, I difference of opinion with regard to the do something about the skyrocketing yield 3 minutes to the distinguished travel issue. By the way, the travel prices of prescription drugs. This has gentleman from New York (Mr. issue was brought to the floor here on certainly been a priority for me, and it WALSH). a limitation amendment, not a sub- has definitely been a priority for Mr. WALSH. Mr. Speaker, I thank stantive amendment, a limitation Democrats. the gentleman from Florida for yield- amendment. Sadly, there are some for whom this ing me time on this well-constructed Yet even assuming that that was an is not a priority such as those who re- rule. I rise in strong support of the rule amendment wherein or whereby the place the bipartisan reimportation and of the bill. House spoke, there was not a limita- compromise with a watered down The work that the Subcommittee on tion amendment, but a substantive version. These people are going to Agriculture of the Committee on Ap- amendment before the Senate, a dif- leave seniors to pay the price for their propriations has done under the leader- ferent result. So it is important that it indifference. ship of the gentleman from New Mexico be brought out that there is a dif- The Democratic pharmaceutical re- (Chairman SKEEN) I think is a strong ference of opinion with regard to that importation plan is safe, effective, and work product, and they are to be com- issue in recent votes between the keeps savings in the pockets of our sen- mended. House and Senate. iors and out of the pockets of the phar- This was a very difficult bill, loaded With regard to the examples brought maceutical industry. The current up with a lot of extraneous issues that out about academics and others being version does not. really are not specifically appropria- able to travel, that is under the cur- Our plan allows broad access to sup- tions issues. But, nonetheless, the com- rent restrictions, under the current ply the lowest cost medications that mittee took on the challenge. regulations permitted. So what is not meet U.S. safety standards. The cur- I am very proud, Mr. Speaker, of the permitted under this legislation is an rent version does not. fact that we provided $3.5 billion in expansion of further travel and initia- Our plan is designed for a lifetime. emergency relief to our farmers, in- tive with the purpose of the most im- The current version is not. I urge my cluding the farmers in the dairy indus- mediate, what would constitute the colleagues in the House vote no on the try that have suffered for so long with most immediate generator of hard cur- rule to consider the Agriculture con- such low prices. This will provide them rency for the regime. ference report. Because of the prescrip- with some stability in the marketplace It is estimated that massive Amer- tion drug reimportation language is and enable them to continue on a very ican tourism would produce up to $5 just that, language. difficult course of producing milk and billion a year for the Cuban regime. The SPEAKER pro tempore (Mr. making profit. Right now we are in a situation where, NUSSLE). The gentleman from Massa- The same goes to our apple producers if my distinguished colleagues would chusetts (Mr. MOAKLEY) has 23 minutes who have never had the benefit of this read the wires, for example, with re- remaining. The gentleman from Flor- sort of support before from the Con- gard to the very little coverage that ida (Mr. DIAZ-BALART) has 161⁄2 minutes gress. I think it is landmark legislation there is of the internal situation of remaining. in that we have provided these emer- Cuba, there is a crackdown as we speak Mr. MOAKLEY. Mr. Speaker, I yield gency funds. Many of the apple State against dissidents and other peaceful 1 minute to the gentleman from New legislators, the gentleman from New pro-democracy activists in Cuba. There Jersey (Mr. PALLONE). York (Mr. REYNOLDS), the gentleman

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22194 CONGRESSIONAL RECORD—HOUSE October 11, 2000 from Washington (Mr. HASTINGS), and Now, 1 month before the election, Re- The legislation before us today is a sham. others worked very, very hard to in- publicans have agreed to let phar- Instead of actually solving the problem, it clude this hundred million dollars plus macies buy drugs from Canada for sale gives America’s seniors a placebo and hopes funding. to U.S. citizens. Unfortunately, what that they won’t notice until after the elections. We have also, Mr. Speaker, changed started as a bipartisan compromise has The reimportation provision is riddled with the rules on the Hunger Relief Act, the been scrapped. loopholes. One loophole allows drug manufac- food stamp requirements. I think this This legislation allows drug manufac- turers and their intermediaries to price dis- is a very important minor fix to some turers to discriminate in pricing criminate against U.S. pharmacies and import- of the reforms that an earlier Congress against U.S. importers. It allows manu- ers. Under the bill, it would be legal for drug had endeavored to pass. To reduce the facturers to deny U.S. importers access companies to require their foreign distributors overall cost of public assistance and to FDA approved labels. It allows pur- to charge U.S. importers more than foreign food stamps in the country was an ab- chasers to force Canadian wholesalers purchasers. solute success. to sell products at the inflated Amer- A second loophole allows drug makers to Well, welfare reform has been an ab- ican price. Reimportation is rendered block importation by denying U.S. importers solute success, including the fact that nearly impossible by this bill. access to FDA-approved labels. we have raised over 2 million young It is not surprising that a drug indus- I have two packages of pills here. One is people in this country out of poverty try lobbyist was quoted this morning from the U.S. and one is from Canada. They through that Welfare Reform Act. in The New York Times saying, ‘‘I are the same drug—an ulcer medication made However, two of the things that need- doubt anyone will realize a penny of by Merck and called Prilosec in the U.S. ed to be changed on food stamp regula- savings from this legislation.’’ Prilosec was No. 1 selling drug in the United tions were the value of an automobile. This legislation will not help our sen- States in 1999. If one had an automobile worth more iors. The American people will see The U.S. version costs much more than the than $4,600, one did not qualify for food through this empty Republican prom- Canadian version. The whole purpose of the stamps. We changed that. The States ise. bill is to allow the import of the cheaper Cana- now can set their own value. Mr. MOAKLEY. Mr. Speaker I yield 1 dian version. Also, we changed the shelter allow- minute to the gentleman from Cali- But under this bill, the Canadian version of ance. With oil prices rising and energy fornia (Mr. WAXMAN). Prilosec can’t come in. You see, the label is costs rising, rental, apartment rents Mr. WAXMAN. Mr. Speaker, I thank different. The drug is called Losec in Canada that are attached to those will also the gentleman from Massachusetts for and the label has an entire section of informa- rise. We change that to increase the yielding me this time. tion written in French. So the label isn’t FDA- shelter allowance from $280 to $340 Mr. Speaker, I want to follow what approved. There’s nothing that the U.S. importer can which will allow more people to move the gentleman from Maine (Mr. ALLEN) from welfare to work and yet still have just had to say. This drug reimporta- do to fix this. The importer will be barred from the benefit of food stamps. So I think tion section is really a sham. It is a using the correct label by U.S. copyright and it is an important reform. partisan ploy by the Republicans to trademark law. This isn’t an isolated case. My staff has Mr. Speaker, there are many impor- pretend like they are doing something analyzed Canadian labels and found that vir- tant issues in here. The last that I will by allowing consumers to bring in tually none of the Canadian labels would meet mention is the reimportation of drugs. lower price drugs sold in Canada and FDA labeling requirements. I ask unanimous We have done a lot of demagoguery on elsewhere into the United States. consent that this staff report be printed in the the other side. Quite frankly, Mr. But I have a good example. I have Speaker, the next President of the RECORD. two pharmaceutical products. They are Our seniors deserve better than this. They United States will determine with this the exact same brought. One is deserve better than false promises of cheap Congress what the prescription drug Prilosec. It is the number one drug in drugs. They deserve more than false hopes plan is. We think we have a good one the United States. The other one is the that they will be able to buy the drugs they that gives people choices instead of let- same drug, it is also made by the same need. ting HCFA, an agency that everybody company, but the Canadian version PRESCRIPTION DRUGS WITH FOREIGN LABELS despises on all sides of the issue have goes by a different name called Losec. The drug importation provisions in the Ag- no use for HCFA, but yet they want to This bill allows the pharmaceutical riculture Appropriations bill contain several hand this decision over to HCFA. We companies to get the Canadians to significant loopholes. One major loophole is prefer to let the seniors make those de- agree that they will not allow Losec to created by the fact that foreign drug labels cisions themselves. come into the United States under the generally differ from the FDA-approved la- But what we have done is given the name Prilosec. Under the rules, the bels that must be used in the United States. opportunity for individuals to buy consumer would pay the higher price In effect, the bill creates a labeling ‘‘Catch- drugs reimported into the United still in the United States because they 22’’ for would-be U.S. importers. States at reduced prices to try to bring As the bill is currently drafted, U.S. im- would not be able to purchase that porters cannot import foreign drugs with la- everybody’s costs down. drug that sold in Canada for a cheaper bels that differ from the FDA-approved label. Let the consumers help the con- amount. But U.S. importers cannot relabel the drugs sumers to pay for drugs until there is a b 1415 with FDA-approved labels because doing so prescription drug plan in place. I think would violate the copyright and trademark it is a strong bill. It is a good rule. I I would urge that we defeat the pre- protections held by the drug manufacturers. urge its adoption. vious question so we can get a rule to An amendment offered by Rep. DeLauro to Mr. MOAKLEY. Mr. Speaker, I yield make this drug reimportation section give U.S. importers the right to use the 1 minute to the gentleman from Maine really work for consumers. FDA-approved labels was voted down on a party line vote (9–6) during the conference. (Mr. ALLEN). Mr. Speaker, I rise to express my opposition The following discussion provides more in- Mr. ALLEN. Mr. Speaker, I thank to the rule on the Agriculture appropriations formation about this labeling ‘‘Catch 22,’’ the gentleman from Massachusetts for bill. This rule does not allow language to close along with examples of foreign drugs with la- yielding me this time. the loopholes in the drug reimportation provi- bels that differ from the FDA-approved la- Mr. Speaker, I rise in opposition to sions reported by the conference. I ask my bels. this rule. For the last 2 years, Demo- colleagues to defeat the previous question on Selling drugs without the FDA-approved crats have been fighting to provide this rule so that we will have an opportunity to label is misbranding. Prescription drug la- America’s seniors with a universal, af- bels provide basic information on the drug, amend the drug provisions. its formulation, the manufacturer and dis- fordable, and guaranteed prescription The legislation we are considering today tributor, and how it is used. Every country drug benefit under Medicare. Repub- only pays lip service to a very real problem has different labeling requirements. In the licans have fought tooth and nail to re- facing millions of Americans across this coun- United States, when a company files an ap- sist these attempts. try—the high costs of prescription drugs. plication for approval of a new drug, the

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22195 company submits the label to FDA. Any de- Mr. MOAKLEY. Mr. Speaker, I yield It is no secret that I have for years viation from the label submitted by the man- 2 minutes to the gentleman from stood in the well here and talked about ufacturer without prior FDA approval con- Vermont (Mr. SANDERS). the importance of globalization and stitutes misbranding of the drug. The pen- Mr. SANDERS. Mr. Speaker, I urge a global trade and expanding our West- alties for misbranding under the Federal Food, Drug, and Cosmetic Act include fines ‘‘no’’ vote on this rule. I strongly sup- ern values into repressive societies. I and imprisonment. port the concept of reimportation, and happen to believe that it has had a Some drugs are sold under different names helped to introduce the initial legisla- great deal of success, and I know that in the different countries. Prilosec, an ulcer tion with the gentleman from Arkan- there are many here in this House who medication made by Merck, was the number sas (Mr. BERRY) and the gentlewoman actually voted to broadly open up one selling drug in the United States in 1999. from Missouri (Mrs. EMERSON). I sup- Cuba. But we were working on this It is much more expensive in the United port that concept because it is an out- compromise with the gentleman from States ($120.45 for thirty 20 mg pills) than in rage that the people of this country Florida (Mr. DIAZ-BALART) and the gen- Canada ($51.60) or Mexico ($34.50). However, in Canada and Mexico, the drug is sold under pay two times, five times, ten times tlewoman from Florida (Ms. ROS- a different brand name: Losec. Because of more for the same exact drugs manu- LEHTINEN) and several others here. So this difference in names, the Canadian or factured in the United States and sold that is why I believe we have a care- Mexican labels are not the FDA-approved in Canada, sold in Mexico, and sold in fully crafted compromise, and we hope label. Bringing Prilosec into the United Europe. very much the President is going to States with the Canadian or Mexican label is We are the suckers of the world, pay- agree to sign this bill. misbranding. ing far more to an industry which is I also want to say that I believe when Drug labels can be in different languages. the most profitable industry in this it comes to the issue of prescription In the United States, approved drug labels country, earning $27 billion in profits, are in English (sometimes FDA also approves drugs, we are pursuing a reasonably labels with some information in Spanish). In while the pharmaceutical industry balanced approach on that. We all want Mexico, labels are in Spanish; in Italy, labels fought us from the beginning on this to make sure that affordable drugs are are in Italian. Canadian drug labels are bilin- bipartisan effort. They spent $40 mil- available to our senior citizens, and a gual, in French and English. Labels that are lion against us. They have 300 paid lob- prescription drug plan happens to be a not in English, or that are bilingual English- byists in Washington, D.C. fighting very high priority for this Republican French labels, differ from the FDA-approved against us; yet we moved forward in a Congress. The fact of the matter is our label. Distributing drugs with these labels is bipartisan way. colleagues on the other side of the aisle misbranding. Unfortunately, at the very end of the Drug labels can have different identifica- are attempting to go to what is clearly tion numbers. In the United States, all ap- stage, at the end of the process, a non- a failed policy. It was a failed policy proved drugs receive an FDA identification partisan effort became partisan. The when it was applied here in the United number, known as a National Drug Code Republican leadership introduced legis- States by a Republican administration, number. This number appears on virtually lation with significant loopholes which President Nixon, who imposed wage all U.S. labels. In Canada, however, approved would go a long way to nullify what we and price controls. It is a failed policy drugs have a different number, a Drug Infor- tried to do. Let me quote The New when we look at repressive societies all mation Number (DIN). The DIN appears on York Times today. A lobbyist for one around the world. all Canadian labels. Because the U.S. NDC of the Nation’s biggest drug companies, Cost controls do not work. And when code and the Canadian DIN are different. Ca- nadian labels differ from the FDA-approved which have worked against the meas- we look at the issue which is of prime label, and selling a drug with a Canadian ure, said, ‘‘I doubt that anyone will re- concern to every single one of us, and DIN in the United States constitutes mis- alize a penny of savings from this legis- that is finding a cure for diseases like branding. lation.’’ Parkinson’s, Alzheimer’s, cancer, heart Drugs are often distributed by different en- The existing legislation allows the disease, it seems to me that we need to tities in different countries. When a manu- following loopholes: it allows drug do everything that we possibly can to facturer submits an application for approval companies and their intermediaries to try to encourage and provide incen- of a new drug, the manufacturer must iden- price discriminate against U.S. phar- tives for those individuals and those tify all the distributors of the drug. In many macies and importers. In other words, cases, the distributors of the drugs in the companies which are attempting to Unites States are different from the distribu- yes, we can import product into this find cures for those so that we can, in tors in many countries. For example, the country, but it cannot be sold for a fact, have an improved quality of life popular diabetes drug Glucophage is distrib- lower price than the existing price. It and we can have an extension of life, uted in the United States by Bristol-Myers allows drug manufacturers to block the which is something that is very near Squibb. However, when sold in Canada, the importation of drugs through labeling. and dear to all of us. drug is distributed by Nordic Laboratories. If Yes, we can bring drugs in from Italy, So that is why this bill deserves our the Canadian distributor is not approved by but we cannot use labels that the strong support. I urge my colleagues to FDA, drugs with labels listing this dis- American people can understand that tributor differ from the FDA-approved label support this rule. Vote against the pre- and cannot be sold in the United States. will get FDA approval. It does not vious question, or whatever it is they Drugs can have different indications. For guarantee American consumers access might try to offer, and let us proceed some drugs, the indication information pro- to the best world market prices. For a and get a measure to the President’s vided on labels from other countries is not reason that no one can understand, desk which he can sign. the same as the U.S. information. For exam- Mexico and other countries are not Mr. MOAKLEY. Mr. Speaker, I yield ple, Dilantin, an anticonvulsant manufac- part of the process. 2 minutes to the gentlewoman from tured by Parke-Davis, contains the following Let us vote ‘‘no’’ on this rule and let Ohio (Ms. KAPTUR), the ranking mem- information on the Canadian label: Adults, us create a strong loophole-free re- ber of the Subcommittee on Agri- initially 1 capsule 3 times daily with subse- quent doses individualized to a maximum of importation bill. culture, Rural Development, Food and six doses daily. Usual maintenance dose is 3 Mr. DIAZ-BALART. Mr. Speaker, I Drug Administration, and Related to 4 capsules daily. Children over 6 years of yield such time as he may consume to Agencies of the Committee on Appro- age, 1 capsule three times daily or as di- the gentleman from California (Mr. priations. rected by physician. DREIER). Ms. KAPTUR. Mr. Speaker, I thank The U.S. label contains slightly different Mr. DREIER. Mr. Speaker, I thank the gentleman from Massachusetts information for adults and no dosage infor- the gentleman from Florida (Mr. DIAZ- (Mr. MOAKLEY) for yielding me this mation for children. The U.S. label states: BALART) for yielding me this time, and time. ‘‘Adults, 1 capsule three or four times daily I would like to rise and congratulate Mr. Speaker, I rise to oppose this or as directed.’’ Because the United States and Canadian versions of the drug label con- my fellow Committee on Rules member rule and to ask our Members to vote tain different dosage information, the drug for the very important role he has ‘‘no’’ on the previous question on the cannot be sold in the United States with the played in bringing about a very bal- rule. Now, why do I do that, as ranking Canadian label. anced compromise. member of the subcommittee? The base

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22196 CONGRESSIONAL RECORD—HOUSE October 11, 2000 bill is good; however, we want to defeat nadian distributors to insert contract allow pharmacies and wholesalers to buy the previous question in order to offer provisions which will require that the American-made prescription drugs and re- an amendment that would allow us to drugs from Canada can only be re- import them into the United States, this bill will have a real prescription drug benefit imported back into the United States do nothing to lower drug costs for people in provision for the American people. And at the highly inflated American price. the United States. It is riddled with loopholes. the only way we can get that amend- For example, there is a very popular In my home State of New York, breast can- ment is by voting no. In fact, this will cholesterol inhibitor which is manufac- cer medications can cost over $100 per pre- be the only measure in this Congress tured by Merck. It is available in Can- scription while they are available in Canada where we will be able to help lower ada for $39. The same amount of ex- and Mexico to their residents for a tenth of prices in prescription drugs for the actly the same formulary, from the that price. Many women in my home State American public. same company, costs $117 here in the and, indeed, across the country are forced to In this bill there is a so-called provi- United States. dilute their prescriptions that fight breast can- sion for prescription drugs, but I ask If we are going to do anything to pre- cer, to cut their pills in half because they can- my colleagues to read it. What does it vent the continued exploitation of not afford their prescription drugs in order to do? First of all, it expires after 5 years. American consumers in the price of get by financially. And many in my home State So what importer or wholesaler is pharmaceuticals, we have to defeat get on the bus every weekend to go to Can- going to want to get in the business of this rule. This is the only opportunity ada to purchase American manufactured bringing in drugs from Canada, at Ca- we have to deal with this issue in this drugs because it is cheaper than in their own nadian prices, which are lower than Congress because the majority party country. U.S. prices, when you know it would has only given us this one opportunity, This situation is completely unacceptable. not be continuing down the road? and it is a sham opportunity. It is a Sadly, the reimportation provisions included in In addition to that, the underlying shell. It is empty. It does not accom- this bill will likely have little effect on these measure has a provision that would plish the objective. seniors and many others around the Nation. permit the big drug companies to in- If we want to do something to reduce We need to take stronger action to protect sert contracting provisions that if any the price of pharmaceuticals, the only seniors forced to travel abroad to obtain medi- drugs are brought back into our coun- opportunity we will have to do that is cines they desperately need. This language try, for example, from Canada, they by defeating this rule. The rule must fails to achieve this goal. could only be sold at the higher U.S. be defeated. Finally, this Congress needs to act now to prices rather than at Canadian prices. Mr. MOAKLEY. Mr. Speaker, I yield pass real prescription drug legislation to solve Our amendment says they cannot do such time as she may consume to the this problem once and for all. I strongly sup- that. They cannot have those kinds of gentlewoman from New York (Mrs. port the bill put forward by the gentleman from Maine (Mr. ALLEN) which would make seniors restrictive contracts. MALONEY). In addition, in the base bill, there is Mrs. MALONEY of New York. Mr. the same preferred customers as HMO’s and a provision that would deny the ability Speaker, I rise in opposition to the also the President’s plan to expand Medicare of the importers in our country to use rule. It is riddled with loopholes and to cover prescription drugs. I urge this Congress to take real action on the FDA-approved label so that we will do little to lower drug costs here this issue today and make a difference for have the same name of the drug and we in the United States. America’s seniors. know that it is scientifically approved I rise in support of this legislation which in- Mr. MOAKLEY. Mr. Speaker, I yield by FDA. They actually deny that in cludes funding for a number of important initia- 1 2 ⁄2 minutes to the gentlewoman from the underlying amendment. They tives to fight invasive species in the United Connecticut (Ms. DELAURO). would not allow us to amend the bill States. I am specifically pleased that this bill Ms. DELAURO. Mr. Speaker, the Re- when we were in the conference com- includes $540 million for the Animal and Plant publican reimportation bill is a scheme mittee. Health Inspection Service and $973 million for that is so full of loopholes you can So I would urge the membership to the Agricultural Research Service. drive a truck through it. It denies sen- please give us our only opportunity in Both of these programs are essential to en- iors a chance at relief from the sky- this Congress to vote for a real pre- sure that we win our battle against harmful rocketing costs of prescription drugs. scription drug benefit for the American invasive species that are killing our forests Seniors are being choked to death with people. Vote ‘‘no’’ on the previous and farmlands. the cost of prescription drugs. What we question, this rule. The threat of invasive species outbreaks as need to do, and what our goal should Mr. MOAKLEY. Mr. Speaker, I yield a result of recent wildfires across the country be, is to provide a prescription drug 2 minutes to the gentleman from New have made many Members aware of the in- benefit through Medicare that is vol- York (Mr. HINCHEY). credible threat that invasive species can pose untary and covers all of our seniors. Mr. HINCHEY. Mr. Speaker, I urge to our natural resources, and I would like to Today, we have this sham pharma- the defeat of this rule, not because the thank the appropriators for including additional ceutical reimportation bill that was underlying bill is poor. It is not. But funding for APHIS and ARS, two programs made in the dead of night by a very few because this rule does not give us an which specifically help to control invasive spe- Members of the Republican leadership opportunity to insert within the bill cies. behind closed doors. Today, prescrip- language which would allow for a In New York, we are fighting the Asian tion drug manufacturers can import meaningful reduction in the price of Longhorned Beetle, which has already de- prescription drugs. They are the only pharmaceuticals for American citizens. stroyed more than 2600 trees. Earlier this ones who can import prescription drugs The bill pretends to allow the re- year, these beetles were found in several new into the United States. They have un- importation of pharmaceuticals from locations across New York City. Experience fairly used this to control the distribu- Canada, where they are available at has taught us that the only way we can de- tion of the drugs at the expense of sen- one-half the price or less than that stroy these incredibly destructive pests is to iors. which they are available for here in the respond immediately and decisively. Seniors know, and we all know, that United States. It pretends to do that, The additional resources provided for people in other countries pay 20 to 50 but it does not really carry out that APHIS and ARS will guarantee that we can percent less for the same medications. objective. It makes an omission, know- accomplish this goal and protect New York Zantac, made by Glaxo-Wellcome in ingly and wittingly, in that it does not City’s greenspaces and forests across the the U.K., is marked up by 58 percent in provide for the means by which that country. the United States. Our seniors deserve importation will take place. I strongly urge my colleagues to support this better; they deserve the same medica- For example, the language in the bill critically important legislation today. tion at the same price. leaves open the ability of the pharma- I would also like to comment on the inclu- This reimportation scheme really re- ceutical companies in their contracts sion of provisions designed to deal with pre- stricts access to safe, affordable pre- with the Canadian Government and Ca- scription drug imports. Although this bill will scription drugs from abroad. It gives

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22197 drug manufacturers a veto over the im- tion into it. We, under this bill, say A watered down drug reimportation ports, and it is set to die just 5 years that individuals can buy their drugs on bill is marginally better than no bill at after the FDA regulations are in place. the Internet or go over to Canada or all; But, Mr. Speaker, I do not want a Currently, U.S. reimporters cannot Mexico and buy American-manufac- single American to be fooled into bring foreign drugs with labels that are tured drugs at a less expensive price thinking the Republican leadership has different than the American labels into and drug stores can reimport this. been responsive to the prescription this country. The Republican leader- There are safety concerns, $23 million drug crisis. The only constituency that ship scheme traps U.S. reimporters by for the FDA. There are certain kinds of they have been responsive to is the pre- refusing to let them relabel the drugs, drugs that we cannot reimport. scription drug industry. forcing them to violate copyright and As far as the sunset provision goes, Vote no on the rule. trademark laws if they want to bring does anybody believe that in 5 years we Mr. MOAKLEY. Mr. Speaker, I yield those affordable drugs to our seniors. are going to retract from this? This 11⁄2 minutes to the gentleman from New Example: Dilantin. Made in Canada just gives time after the FDA works York (Mr. CROWLEY). with one label; U.S., different label. We out the safety concerns for the thing to Mr. CROWLEY. Mr. Speaker, I thank cannot bring the Canadian Dilantin work and for Congress to come back at the gentleman from Massachusetts for into the United States without the it. yielding me the time. same label. The pharmaceutical com- Now, we were not able to get into Mr. Speaker, when we passed my panies do not want to give permission some of the contractual issues that the amendment here in the House, I have to relabel Dilantin. Democrats wanted to, Mr. Speaker, be- to tell my colleagues it has nothing to That is what this is about. This is cause that overturns a profound, I do in any way, shape, or form with the one more attempt by the Republican guess, precedent of case laws that have language that is before the House leadership of this House to work with to do with contractual law in America. today. When my amendment passed the pharmaceutical companies to What we did was as close as we could this House over the Agriculture appro- thwart every single opportunity to get. Let me add, the Senate Democrats priations bill, millions of dollars were bring in prescription drugs that seniors unanimously voted for these provisions spent in advertisements against that need to keep them healthy and to keep because they know for people like measure to see that it would not pass them alive. They do not want to, in Myrlene Free’s sister in El Paso, in the Senate. fact, bring the cost of those drugs Texas, who takes Zocor that she has to I have not seen one advertisement in down, to bring the prices down so that pay $97 for it in El Paso. She knows opposition to the Republican language people can get the medications that that, under this legislation, she can go here before us today, not one piece of they need. to Juarez, Mexico, and buy that same advertisement for the pharmaceutical It is wrong and it is unconscionable American-made Zocor for $29; and it is industry. and it is immoral for us to engage in the same dosage, the same amount, and Does that not say it all? We try to this kind of trickery here today. Vote everything. work in a bipartisan fashion, but, un- against this rule. This is going to help not just seniors fortunately, the Republican leadership Mr. MOAKLEY. Mr. Speaker, may I but Americans, women with children, here killed that because it was too inquire as to the time remaining for families. It is going to help everybody tough. Our compromise was too tough myself and my colleague. by putting much needed competition. on the drug companies. The SPEAKER pro tempore (Mr. The drug companies are totally against The GOP has offered their own plan NUSSLE). The gentleman from Massa- this. They have been running ads in my and it is filled with loopholes. The plan chusetts (Mr. MOAKLEY) has 111⁄2 min- district against me because I think this is ineffective. It bans reimportation utes remaining, and the gentleman is good legislation and I support it, and from a number of countries. It does not from Florida has 11 minutes remaining. I urge my colleagues to pass this bill. require drug companies to provide im- Mr. DIAZ-BALART. Mr. Speaker, I Mr. MOAKLEY. Mr. Speaker, I yield porters their FDA-approved labeling yield 2 minutes to the gentleman from 1 minute to the gentleman from Ohio standards. It sunsets reimportation in Georgia (Mr. KINGSTON). (Mr. BROWN). 5 years. Who wants to invest in that Mr. KINGSTON. Mr. Speaker, I Mr. BROWN of Ohio. Mr. Speaker, I type of a process? thank the gentleman for yielding me thank the gentleman from Massachu- The GOP has opposed drug coverage this time. setts for yielding me the time. under Medicare. They have opposed I must say, in listening to the rhet- Mr. Speaker, I rise to oppose the price fairness legislation. And now oric here and the passion of my col- rule. they oppose real language that will re- leagues across the aisle, I am a little Mr. Speaker, sometimes I wonder duce the cost of prescription drugs be- confused, because they know that the whether the Republican leadership in tween 30 and 50 percent without cost- language that is in the House bill is this Congress reports to the Congress ing the taxpayers one single cent. stronger and goes further than the or reports to the prescription drug in- The facts are that seniors in my con- original language offered by the gen- dustry. gressional district pay twice as much tleman from Minnesota (Mr. GUT- The public is sending a clear message for their prescription drugs as their KNECHT), the gentleman from New York that they are sick of unjustifiably high counterparts in Canada and Mexico. (Mr. CROWLEY), the gentlewoman from and blatantly discriminatory prescrip- And under the language before us Missouri (Mrs. EMERSON), the gen- tion drug prices. under this rule, they will continue to tleman from Oklahoma (Mr. COBURN), Democrats offer a proposal featuring do so even when this legislation is the gentleman from Vermont (Mr. an optional Medicare drug benefit. The passed. SANDERS), and all the stuff that we Democrats offer a proposal to discount Just like their prescription drug bill, passed on the floor. drug prices using the collective bar- this legislation, this language is a What we did in the House was we gaining power of 39 million Medicare scam. split the difference between the Jef- beneficiaries. The Democrats offer a Mr. MOAKLEY. Mr. Speaker, I yield fords language in the Senate and some strategy for undercutting international 5 minutes to the gentleman from Mis- of our House amendments. But as price discrimination with the ability to souri (Mr. GEPHARDT) the leader of the somebody who has worked for this lan- reimport prescription drugs. Democratic party. guage, I think this is good, and here is Republicans refuse to even consider Mr. GEPHARDT. Mr. Speaker, I rise why. price discounts for seniors. They emas- today because once again this Congress culate the reimportation proposal. has failed the American people and b 1430 Then they sunset this phoney bill be- handed the special interests a victory. It brings down the cost of drugs by fore the provisions even have a chance I am deeply disappointed with this re- putting a needed element of competi- to kick in. importation provision in this bill.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00041 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22198 CONGRESSIONAL RECORD—HOUSE October 11, 2000 There is now widespread agreement The answer lies in a leadership that support this conference report, and let that this measure will do next to noth- is so tied to special interests that it us get this to the President and get it ing for the American people. blocks major initiatives at the expense signed so we can move agriculture for- A lobbyist for a major drug company of the American people. ward. told The New York Times that he Congress has wasted 2 years now try- This bill has $100 million in food doubted ‘‘that anyone will realize a ing to accomplish something meaning- bank assistance. Try voting against penny of savings from this legislation.’’ ful for the American consumer. But that. That is not advisable. It has pre- Last month, Democrats and Repub- this leadership has been more devoted scription drug assistance in it. It has in licans were working hard to craft effec- to the powerful lobbies than to work- it agriculture research that will help tive importation legislation that con- ing families. our farmers compete in a world mar- tains strong safety standards. Re- The leadership blocked campaign fi- ket. importation was on its way to becom- nance reform, a Patients’ Bill of I urge my colleagues to support this ing a real achievement for the Amer- Rights, a Medicare prescription ben- rule. ican consumer. efit, gun safety legislation, and a mod- Mr. DIAZ-BALART. Mr. Speaker, I To be sure, reimportation was never est increase in the minimum wage as yield 1 minute to the distinguished a substitute for a Medicare prescrip- favors to HMOs, insurance companies, gentleman from Georgia (Mr. BISHOP). tion benefit that offered a guaranteed pharmaceutical companies, big busi- Mr. MOAKLEY. Mr. Speaker, I also benefit and lower medicine prices for ness, and the NRA. yield 1 minute to the gentleman from all seniors. But it was a step in the I and many of my colleagues will sup- Georgia (Mr. BISHOP). Mr. BISHOP. Mr. Speaker, I rise right direction, a rare example of what port this measure because it contains today in support of the 2001 conference we as a Congress could do when we set disaster relief and hunger relief for report on the Agriculture appropria- aside our differences and come to- many in our country. But time is run- tions bill that provide critically needed gether to help the people of this coun- ning out on this Congress. We have funding to meet both the short-term try. only a few days to do something mean- and long-term needs of the country’s But a few days ago, just as we were ingful for the American people. farming community, which is strug- about to move forward, the bipartisan Reimportation is dead. But I believe gling valiantly to survive during this dynamic ran into a brick wall, a brick with all my heart there is time to do period of increasingly high production wall of a leadership unbending to com- something with the people’s agenda. costs and persistently low commodity promise, unwilling to detach itself We can still pass the bipartisan bills prices. from special interests to pursue a larg- that majorities in Congress have al- The bill includes $3.5 billion in new er agenda. ready supported, that the President emergency relief that many deserving Operating behind closed doors, after says he will sign, and that the Amer- farmers must have to get through the a bipartisan agreement had almost ican people want. hard times; funding for crucial re- been reached, the Republican leader- I urge the leadership to stop blocking search projects that are needed to en- ship torpedoed a sound reimportation America’s agenda. Let us do what the sure the future competitiveness and measure that could have resulted in American people sent us here to do and prosperity of U.S. farming; and a wide lower prices for millions of consumers. let us do it in a bipartisan way. range of programs to promote land and Looking for political cover after re- Mr. DIAZ-BALART. Mr. Speaker, I water conservation, health and nutri- 1 peatedly blocking a Medicare prescrip- yield 1 ⁄2 minutes to the gentleman tion, and the economic well-being of tion benefit, the Republican leadership from Washington (Mr. NETHERCUTT) a our rural areas. put out a sham reimportation measure tough negotiator and a tough advocate, I fought for these programs, both as a that is not worth the government but a friend. member of the Committee on Agri- paper that it is printed on. Riddled Mr. NETHERCUTT. Mr. Speaker, I culture and as a Representative in Con- with loopholes, this measure allows thank my dear friend, Mr. DIAZ-BALART gress of an area in Georgia that is pharmaceutical companies to cir- for yielding me the time. deeply rooted in the farming tradition. cumvent the new law and it sunsets in Mr. Speaker, too often in this place In many respects, this is a good bill. 5 years. So whatever benefits come each of us in our respective positions In the area of research, for example, it from the bill the American people can on an issue seek perfection. We want it appropriates more than a million dol- be sure that they will disappear soon. only our way. And I think this bill, this lars for work at the Peanut Research And we are told that the people in the measure, this appropriations con- Laboratory in Dawson, thanks to an industry that would do this will not ference report is a picture of biparti- agreement I secured on this floor with even set it up if there is a 5-year sunset sanship, of compromise, of not every- my colleague from Georgia who serves provision. body getting everything they wanted on the Agriculture Appropriations sub- The measure as it now stands is noth- in particular in the context of this bill. committee; $300,000 for the University ing more than a capitulation to the But, overall, it is a good package. It of Georgia’s National Center of Peanut special interests at whose bidding the provides prescription drug assistance. Competitiveness; $500,000 for addressing Republican leadership works. It provides tremendous agriculture re- peanut food allergy risks; $250,000 for Listen to what people are saying search. It gives us a chance to lift sanc- research in Tifton, Georgia, on crop about the watered down measure. The tions on food and medicine for coun- yield losses caused by nematodes; and New York Times today reported that tries that we have previously sanc- $78 million for boll weevil eradication ‘‘doubts are growing about legislation tioned unilaterally for all these years. projects, which can ensure a more se- to allow imports of low-priced prescrip- Is it perfect? No, it is not perfect. I cure future for our farmers and for our tion drugs, and no one in the govern- wish I had it a different way in some economy in general. ment or the drug industry can say how respects for my purposes, but that is it will work or even whether it will not the nature of this legislative sys- b 1445 work.’’ tem. So I would say to my friends on At the same time, Mr. Speaker, I re- The health policy coordinator at the the other side respectfully, certainly main concerned about the level of White House said this measure is now they did not get it all 100 percent the funding appropriated for emergency re- ‘‘unworkable.’’ way they want, but it is a great step lief. The bill authorizes the Secretary What happened to the bipartisan, forward. of Agriculture to determine the crop sensible measure that we should be This rule should be adopted. Anyone loss threshold to qualify for emergency voting on today? Why did the leader- who supported the position that I have help. I have called on Secretary Glick- ship torpedo that bill and replace it taken on limiting sanctions on food man to set aside a threshold that is with a meaningless measure that does and medicine, I urge them on both well below 35 percent. With sharply in- nothing for real people? sides of the aisle to support this rule, creased fuel costs, many farmers in

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22199 Georgia and in other areas of the coun- where from one-third to two-thirds less yesterday, the Supreme Court refused try as well face a crisis even with crop than they have to pay in America, why to hear a case that SmithKline Bee- losses that may fall below 35 percent. is that? Could we not have come in this cham was bringing against a generic One of the challenges confronting the bill, as good as the bill is and as poor drug maker on the whole issue of label- Secretary under this bill is where to as it is on the prescription question, ing, and the lower court, the Second set the threshold and still have suffi- done better for our seniors, over 50 mil- Circuit Court’s language holds on that cient funds to provide meaningful lev- lion who use, seniors, prescriptions on and says that the Food and Drug Ad- els of relief. I pray that will be enough. an annual basis every day? I think it is ministration has the discretion to While the $3.5 billion is less than I ad- unfortunate. make labeling possible and necessary. vocated, I would add that this is sub- Vote against the rule. Let them go So that is a nonissue. stantially more than we had. back and if we are going to have a re- I would like to then turn to the issue There are many positive features in importation clause, make it work for of contracts where my colleagues on this bill. I urge Members to support the the over 50 million people who need a the other side are saying that there is bill. reduction in their prices for their some sort of a loophole. Our language Mr. DIAZ-BALART. Mr. Speaker, I medicines. says that no manufacturer of a covered yield 1 minute to the gentleman from Mr. DIAZ-BALART. Mr. Speaker, I product may enter into a contract or South Carolina (Mr. SANFORD), a friend yield 4 minutes to the gentlewoman agreement that includes a provision to with whom I have strong disagreement from Missouri (Mrs. EMERSON), a dis- prevent the sale or distribution of cov- on this issue but he is a friend. tinguished colleague, a tremendous ne- ered products imported pursuant to Mr. SANFORD. Mr. Speaker, the de- gotiator and advocate. subsection whatever. When you look at bate on the rule has become a debate Mrs. EMERSON. Mr. Speaker, I am the language that the gentleman from on reimportation. Therefore, I will be going to address specifically the issue California (Mr. WAXMAN) provided, supporting the rule. But the underlying of drug reimportation. Let me say from which we did have, I admit, in the bill I do have objection with both be- the outset that I do not think that original bill, there is nothing in his cause of the level of cost but predomi- there is any colleague of mine who be- language, either, that actually deals nantly because of the Cuba deal. I lieves that reimportation is the only with the issue of price. So by limiting think that this Cuba deal is fatally way that we bring lower-cost prescrip- the language to the definition that we flawed in that it perpetuates basically tion medicine to our senior citizens. As had in the Waxman language, quite the dark ages when it comes to Cuba. I a matter of fact, it is the first of two frankly the industry could find other know of no business after 40 years of things that we must do in order to en- ways around that language, and so this failed policy that would say, ‘‘Let’s sure that our seniors have access to then becomes, too, a nonissue. For any- keep doing the same’’; but that is fun- lower-cost prices. This deals specifi- body to say that the pharmaceutical damentally what this bill does, and in cally with the price issue. companies wrote this language, they fact it does more than that. Let me say that I am kind of sur- know as well as I do that that simply It threatens democratic rule. I came prised to hear some of my colleagues is not true, specifically when we are to the House believing in one man, one from the other side use the pharma- dealing with the issue of contracting vote. If you won it fair and square on ceutical industry’s own words and and other things. the floor, that is the way it stood. We agree with them because it was my un- I also want to address the issue of had a vote that would allow Americans derstanding, it has been my under- sunsetting. All of the bipartisan, bi- to travel to Cuba that is reversed in standing, that most of us did not agree cameral negotiators on this bill agreed this Cuba deal. It threatens the idea of with them at least with regard to the to a 5-year sunset with the exception of one person. So to raise this as an issue engagement. The Republican Party has issue of reimportation. And so let me to me is just simply demagoguery and consistently stood for the idea of en- just say that this is something that we it will not work. This bill will sunset 5 gaging with other people. This deal re- have to allow to work. years after the regulations are put into verses that. I want to address specifically the It threatens the power of ideas. I be- issues that all of my colleagues on the place. And so I would just simply urge my lieve if my ideas beat your ideas, I other side raised, issues that we colleagues to vote yes on the rule, pass should be able to stand there and de- worked long and hard over for hun- this bill, remembering this is only the bate that. This deal threatens that. Fi- dreds of hours, our staffs and us did, in first step in giving our senior citizens nally, it makes a mockery of the Con- a very bipartisan way. First of all, the issue of labeling specifically as the low-cost prescription drugs. stitution, which guarantees that all Mr. MOAKLEY. Mr. Speaker, I yield gentleman from California (Mr. WAX- Americans should be allowed the right such time as he may consume to the to travel. MAN), the gentleman from Vermont gentleman from Maine (Mr. BALDACCI). For this reason, I have very strong (Mr. SANDERS) and others mentioned it. Mr. BALDACCI. Mr. Speaker, I rise objections to the Cuba deal that was I will say at the beginning, the Senate in support of this legislation, in sup- worked out as a part of the ag bill. passed the Jeffords bill by a wide ma- port of my colleague that has worked Mr. MOAKLEY. Mr. Speaker, I yield jority in the Senate. The President across party lines to come up with 1 minute to the gentlewoman from said, ‘‘Send me the Jeffords language.’’ something that, while not perfect, does Michigan (Ms. KILPATRICK). The labeling language in the Jeffords move ahead and also is very important Ms. KILPATRICK. Mr. Speaker, I bill is identical word for word to that for Maine agriculture. These issues are thank the ranking member for yielding which is in our bill today. The Presi- important both for agricultural re- me this time. dent says, ‘‘I urge you to send me the search and also to be able to help out I come from the State of Michigan, Senate legislation with full funding to the disasters in apples and dairy. which borders Canada. We know the let wholesalers and pharmacists bring Friday’s CONGRESSIONAL RECORD listed the difference and we know the differen- affordable prescription drugs to neigh- Ag conference report. Here’s what the re- tials in prices, and I think it is unfor- borhoods where our seniors live.’’ importation language now contains: tunate that this conference report puts In addition to that, let me add that Based on the Senate language; another sham before the seniors. we included language in our conference Allows reimportation by individuals, phar- Seniors need relief, 39 million seniors report that allowed the Secretary to macists, and wholesalers; and over 20 million Medicaid patients promulgate regulations that would Limited to reimportation from EU, Canada, who use prescription drugs on a daily serve as a means to facilitate the im- Japan, Australia, Israel, New Zealand and basis. Why can we not address their portation of such products, so this South Africa. Expansion of list upon FDA ap- concern? This reimportation clause, would allow the Secretary to head off proval; many of my constituents who go to any labeling concerns that would pre- Requires that the process maintains safety Canada, who get the drugs for any- vent the importation of drugs. Even and saves consumers money;

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.001 H11OC0 22200 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Secretary of HHS must work with USTR and allow unapproved products to come ‘‘the refusal of the House to sustain the de- Patents and Trademarks; back into the United States. I hope the mand for the previous question passes the Importers must give FDA documentation of American press can do what the con- control of the resolution to the opposition’’ in order to offer an amendment. On March batch testing; gressional staff has failed to do and 15, 1909, a member of the majority party of- Requirements stricter when not reimported that is to tell the truth about this sec- fered a role resolution. The House defeated by original receiver of goods first purchased tion. The drug provisions are a sham. the previous question and a member of the from U.S.; There is no reimportation. I ask for a opposition rose to a parliamentary inquiry, Testing in a qualified, FDA-approved labora- no vote on the rule. asking who was entitled to recognition. tory; Mr. DIAZ-BALART. Mr. Speaker, I Speaker Joseph G. Cannon (R–Illinois) said: Drugs that cannot be reimported: Schedule yield 30 seconds to the gentlewoman ‘‘The previous question having been refused, the gentleman from New York, Mr. Fitz- I, II, and III drugs and any that are supplied for from Missouri (Mrs. EMERSON). free or donated; gerald, who had asked the gentleman to Mrs. EMERSON. Mr. Speaker, I yield to him for an amendment, is entitled to Study by HHS will be conducted to evaluate would just like to respond to what my the first recognition.’’ compliance and effect of reimportation on pat- dear friend from California said. Fol- Because the vote today may look bad for ent rights; lowing the section that he read, there the Republican majority they will say ‘‘the Individuals can order drugs, but FDA may is then language that gives the Sec- vote on the previous question is simply a send notices if the drugs being reimported ap- retary very broad discretion in adding vote on whether to proceed to an immediate pear to be misbranded, is restricted for sale in countries as she, or he in the future, vote on adopting the resolution . . . [and] this country, or otherwise is in violation of the whatever, may desire, subject to safety has no substantive legislative or policy im- plications whatsoever.’’ But that is not what law; standards. they have always said. Listen to the Repub- Appropriates up to $23 million for the en- Mr. MOAKLEY. Mr. Speaker, I yield lican Leadership Manual on the Legislative hanced FDA-authority/responsibility; and myself the balance of my time. Process in the United States House of Rep- Prohibits manufacturers from entering into a I urge my colleagues to oppose the resentatives, (6th edition, page 135). Here’s contract to prevent reimportation. previous question. If the previous ques- how the Republicans describe the previous Points that opponents will use against this tion is defeated, I will offer an amend- question vote in their own manual: bill: ment to make in order the Democratic ‘‘Although it is generally not possible to The provisions sunset in 5 years—the origi- amend the rule because the majority Mem- plan to allow access to the supply of ber controlling the time will not yield for nal compromise contained a 3 year sunset; lowest-cost medications that meet the purpose of offering an amendment, the Labeling—products meet U.S. labeling re- American safety standards. same result may be achieved by voting down quirements. Opponents point out that the U.S. I urge my colleagues to oppose the the previous question on the rule . . . When manufacturers control the labels, and all they previous question and the rule. the motion for the previous question is de- would have to do to stop reimportation is to Mr. Speaker, I include for the feated, control of the time passes to the not make the FDA-required labels available for RECORD the text of the amendment Member who led the opposition to ordering those wanting to reimport; that I would offer along with extra- the previous question. That Member, because he then controls the time, may offer an Some countries left out of reimportation—in- neous material, as follows: cluding Mexico; and amendment to the rule, or yield for the pur- PREVIOUS QUESTION AMENDMENT—CON- pose of amendments.’’ HHS Secretary has to certify Americans will FERENCE REPORT ON AGRICULTURE APPRO- Deschler’s Procedure in the U.S. House of save money. PRIATIONS ACT, FY 2001 Representatives, the subchapter titled Mr. MOAKLEY. Mr. Speaker, I yield Strike out all after the resolving clause, ‘‘Amending Special Rules’’ states: ‘‘a refusal 11⁄2 minutes to the gentleman from and insert the following: to order the previous question on such a rule California (Mr. FARR), a member of the ‘‘That upon adoption of this resolution, the [a special rule reported from the Committee committee. House shall be considered to have adopted on Rules] opens the resolution to amend- Mr. FARR of California. I thank the House Concurrent Resolution 420. ment and further debate.’’ (Chapter 21, sec- SEC. 2. Upon receipt of a message from the tion 21.2). Section 21.3 continues: gentleman for yielding me this time. ‘‘Upon rejection of the motion for the pre- Mr. Speaker, I rise on the issue of Senate informing the House of the adoption of the concurrent resolution, it shall be in vious question on a resolution reported from drug reimportation. I am on the com- order to consider the conference report on the Committee on Rules, control shifts to mittee. I support the agricultural bill, the bill (H.R. 4461) making appropriations for the Member leading the opposition to the I think it is a good bill, but I think Agriculture, Rural Development, Food and previous question, who may offer a proper there is a part of it that we have got to Drug Administration, and Related Agencies amendment or motion and who controls the wake up. The question is, when is drug programs for the fiscal year ending Sep- time for debate thereon.’’ The vote on the previous question on a rule reimportation not an importation? I tember 30, 2001, and for other purposes, and all points of order against the conference re- does have substantive policy implications. It hope that the Members of this Congress is one of the only available tools for those and particularly the press will take a port and against its consideration are hereby waived. The conference report shall be con- who oppose the Republican majority’s agen- look at the small print in this bill, spe- sidered as having been read when called up da to offer an alternative plan. cifically, the technical amendments to for consideration.’’ Mr. DIAZ-BALART. Mr. Speaker, I the underlying bill. Take a look at yield myself such time as I may con- page 41, for example. That bill is the THE VOTE ON THE PREVIOUS QUESTION: WHAT sume. one that talks about reimportation of IT REALLY MEANS I urge my colleagues to support the drugs. On page 41 we see a subsection This vote, the vote on whether to order the rule and the underlying legislation. It entitled F which says ‘‘Country Limi- previous question on a special rule, is not is very important work. It is needed tation.’’ If you go to the language, it merely a procedural vote. A vote against or- help for America’s farmers. It is the reads, ‘‘Drugs may be imported only, dering the previous question is a vote product of many, many hours of hard only from the countries that are listed against the Republican majority agenda and a vote to allow the opposition, at least for work by multiple Members of this in subparagraph A of section 802(b)(1).’’ the moment, to offer an alternative plan. It House. I thanked previously my col- That is not in this bill, so you have got is a vote about what the House should be de- leagues; I thank them at this point. I to go someplace else and look it up. bating. do not have enough time to mention Here is the sham. Mr. Clarence Cannon’s Precedents of the them again. It is very important that If you turn to that section in existing House of Representatives, (VI, 308–311) de- this legislation be passed. law, one finds that it only lists those scribes the vote on the previous question on With regard to the sanctions, it is a countries where American drug compa- the rule as ‘‘a motion to direct or control the compromise. No one is 100 percent nies can send unapproved products. consideration of the subject before the House happy, but there is no financing for the being made by the Member in charge.’’ To That is the title of that section, ‘‘Un- defeat the previous question is to give the dictatorship in Cuba, and there is no approved Products.’’ Here is the trap. opposition a chance to decide the subject be- bartering and there is no financing, American companies can send out but fore the House. Cannon cites the Speaker’s whether it is private or public. In addi- cannot reimport, because we do not ruling of January 13, 1920, to the effect that tion to that, there is no expansion of

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22201 travel dollars for that thug fascist dic- The question was taken; and the NAYS—201 tatorship. Speaker pro tempore announced that Abercrombie Green (TX) Napolitano I urge my colleagues to pass this rule the ayes appeared to have it. Ackerman Gutierrez Oberstar Allen Hall (OH) Obey and to pass the underlying legislation. Mr. MOAKLEY. Mr. Speaker, I object Andrews Hastings (FL) Olver Mr. LARSON. Mr. Speaker, I rise today in to the vote on the ground that a Baca Hill (IN) Ortiz opposition to the Prescription Drug Import plan quorum is not present and make the Baird Hilliard Owens Baldacci Hinchey point of order that a quorum is not Pallone contained in the Agriculture Appropriations bill Baldwin Hinojosa Pascrell for fiscal year 2001 and the rule providing for present. Barcia Hoeffel Pastor its consideration. While I applaud any effort to The SPEAKER pro tempore. Evi- Barrett (WI) Holden Payne reduce the cost of prescription drugs for sen- Becerra Holt Pelosi dently a quorum is not present. Bentsen Hooley Peterson (MN) iors. I can say with confidence and sincerity The Sergeant at Arms will notify ab- Berkley Horn Phelps that the plan in this bill is not a solution to the sent Members. Berman Hoyer Pickett problem. Due to the immense loopholes con- Berry Inslee Pomeroy The vote was taken by electronic de- Blagojevich Jackson (IL) tained in the legislation and its watered-down Price (NC) vice, and there were—yeas 214, nays Blumenauer Jackson-Lee Rahall content, it will not in any way affect the cost Bonior (TX) 201, not voting 17, as follows: Rangel of prescription drugs for seniors in the United Borski Jefferson Reyes States. If the prescription drug import provi- [Roll No. 524] Boswell John Rivers Boucher Johnson, E.B. Rodriguez sions in this legislation were an honest at- YEAS—214 Boyd Jones (OH) Roemer Brady (PA) Kanjorski tempt to address this issue, it is possible that Aderholt Goodlatte Pickering Rothman Brown (FL) Kaptur they would be effective in reducing the cost of Archer Goodling Pitts Roybal-Allard Brown (OH) Kennedy Armey Goss Pombo Rush prescription drugs for our citizens. However, Capps Kildee Bachus Graham Porter Sabo Capuano Kilpatrick they have been written in such a way as to Baker Granger Sanchez Portman Cardin Kind (WI) allow the drug companies a way out of having Ballenger Green (WI) Sanders Pryce (OH) Carson Kleczka Barr Greenwood Sandlin to offer American seniors what they need: Quinn Clay Kucinich Barrett (NE) Gutknecht Sawyer quality medications at reduced costs. Radanovich Clayton LaFalce Bartlett Hall (TX) Schakowsky Ramstad Clement Lampson Since the provisions are contained in the Barton Hansen Scott Regula Clyburn Lantos Bass Hastings (WA) Serrano larger agriculture appropriation bill, I must vote Reynolds Condit Larson Bereuter Hayes Sherman in favor of the overall bill. However, I wish to Riley Conyers Lee Biggert Hayworth Shows Rogan Costello Levin register my opposition on the content of the Bilbray Hefley Sisisky Rogers Coyne Lewis (GA) reimportation provisions. These provisions are Bilirakis Herger Skelton Rohrabacher Cramer Lipinski Bishop Hill (MT) a sham piece of legislation designed to allow Ros-Lehtinen Crowley Lofgren Slaughter Bliley Hilleary Roukema Cummings Lowey Smith (WA) drug companies to continue to make out- Blunt Hobson Royce Davis (FL) Lucas (KY) Snyder rageous profits off of senior citizens in Amer- Boehlert Hoekstra Ryan (WI) Davis (IL) Luther Stabenow Boehner Hostettler ica. This is why money must be removed from DeFazio Maloney (CT) Stark Bonilla Houghton Ryun (KS) the political process, because as long as drug DeGette Maloney (NY) Stenholm Bono Hulshof Salmon Delahunt Markey Strickland company money floats freely into it—this is the Brady (TX) Hunter Sanford DeLauro Mascara Stupak kind of trickery that will continue to rule the Bryant Hutchinson Saxton Deutsch Matsui Tanner Burton Hyde Scarborough day. The greatest generation of Americans; Dicks McCarthy (MO) Tauscher Buyer Isakson Schaffer Dingell McCarthy (NY) Taylor (MS) the same generation that persevered through Callahan Istook Sensenbrenner Dixon McDermott Thompson (CA) the Second World War; the same generation Calvert Jenkins Sessions Doggett McGovern Thompson (MS) Camp Johnson (CT) Shadegg that lived through the Great Depression, is Dooley McIntyre Thurman Canady Johnson, Sam Shaw now being sold down the river in exchange for Doyle McKinney Tierney Cannon Jones (NC) Shays Edwards McNulty Towns advancing the interests of the pharmaceutical Castle Kasich Sherwood Engel Meek (FL) Turner companies. This is a campaign year, smoke Chabot Kelly Shimkus Etheridge Meeks (NY) Udall (CO) Chambliss King (NY) Simpson and mirrors tactic that nearly every credible Evans Menendez Udall (NM) Chenoweth-Hage Kingston Skeen Farr Millender- Vela´ zquez source has dismissed as useless and not Coburn Knollenberg Smith (MI) Fattah McDonald Visclosky credible. This is a sad day for this Congress, Collins Kolbe Smith (NJ) Filner Miller, George Waters Combest Kuykendall Smith (TX) but an even sadder day for the elderly people Forbes Minge Watt (NC) Cook LaHood Souder who thought they might get some relief this Ford Mink Waxman Cooksey Largent Spence Frost Moakley Weiner year. Cox Latham Stearns Ganske Mollohan Wexler Crane LaTourette I am sorry to say that this plan has been Stump Gejdenson Moore Weygand Cubin Lazio fashioned to appear as if it is part of the an- Sununu Gephardt Moran (VA) Woolsey Cunningham Leach Sweeney Gonzalez Murtha Wu swer to the high cost of prescription medi- Davis (VA) Lewis (CA) Talent Gordon Nadler Wynn cines, but appearances to not solve problems, Deal Lewis (KY) Tancredo only legislation that is comprehensive and DeLay Linder Tauzin NOT VOTING—17 DeMint LoBiondo Taylor (NC) complete can effectively deal with the financial Diaz-Balart Lucas (OK) Burr Franks (NJ) Myrick burden that rests on our seniors. In order to Terry Campbell Klink Neal Dickey Manzullo Thomas Doolittle Martinez Coble McCollum Shuster truly keep our promises to the American peo- Thornberry Dreier McCrery Danner McIntosh Spratt ple, and reduce these costs, we must estab- Thune Duncan McHugh Eshoo Meehan Wise Tiahrt lish a prescription drug benefit under the Medi- Dunn McInnis Frank (MA) Miller (FL) Toomey care program. Ehlers McKeon Traficant b 1516 I urge my colleges to vote against the rule Ehrlich Metcalf Emerson Mica Upton Messrs. FORD, INSLEE, and OWENS so that we can be allowed to offer a real solu- Vitter English Miller, Gary changed their vote from ‘‘yea’’ to tion to the problem of the high cost of pre- Everett Moran (KS) Walden ‘‘nay.’’ scription drugs instead of allowing the leader- Ewing Morella Walsh Wamp Mr. KASICH and Mr. FRELING- ship to attempt to fool our seniors into thinking Fletcher Nethercutt Foley Ney Watkins HUYSEN changed their vote from we are doing something for them. Fossella Northup Watts (OK) Weldon (FL) ‘‘nay’’ to ‘‘yea.’’ Mr. DIAZ-BALART. Mr. Speaker, I Fowler Norwood So the previous question was ordered. yield back the balance of my time, and Frelinghuysen Nussle Weldon (PA) Gallegly Ose Weller The result of the vote was announced I move the previous question on the Gekas Oxley Whitfield as above recorded. resolution. Gibbons Packard Wicker The SPEAKER pro tempore (Mr. Gilchrest Paul Wilson The SPEAKER pro tempore (Mr. NUSSLE). The question is on the resolu- Gillmor Pease Wolf NUSSLE). The question is on ordering Gilman Peterson (PA) Young (AK) tion. the previous question. Goode Petri Young (FL) The resolution was agreed to.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22202 CONGRESSIONAL RECORD—HOUSE October 11, 2000 A motion to reconsider was laid on total budget authority of slightly less In rural development, we have met the table. than $15.3 billion. the administration’s request for the f The second part, which is Title VIII, Rural Community Advancement Pro- is the emergency title, and that totals gram, and in spite of sharply higher REMOVAL OF NAME OF MEMBER just over $3.6 billion. The administra- subsidy rates, we have increased hous- AS COSPONSOR OF H.R. 1824 tion advised us that it would not sub- ing and rural utility loan levels by half Mr. THOMPSON of California. Mr. mit a formal request for disaster as- a billion dollars each. Speaker, I ask unanimous consent to sistance, so as we have done in the In domestic food programs, WIC has remove my name as cosponsor of H.R. past, we worked informally with pro- been increased by $20 million, com- 1824. gram managers at USDA and with modity assistance by $7 million, and el- The SPEAKER pro tempore. Is there House and Senate colleagues to address derly feeding by $10 million over fiscal objection to the request of the gen- as many concerns as possible. year 2000. tleman from California? I believe that we have a good con- In P.L. 480, I know there was a lot of There was no objection. ference report that deserves the sup- concern about the low House number. I f port of this body. We were able to am happy to report that Title II is now make significant increases over the fis- GENERAL LEAVE $837 million, so all of the food aid pro- cal year 2000 level in research, food grams are at the administration’s re- Mr. SKEEN. Mr. Speaker, I ask unan- safety, domestic feeding, and conserva- quest. imous consent that all Members may tion programs. The Food and Drug Administration’s have 5 legislative days within which to This bill also contains compromise salaries and expenses are increased by revise and extend their remarks on the language in two critical issues: pre- almost $31 million, and we will be able conference report to accompany H.R. scription drug importation, and sanc- to go ahead with the badly needed new 4461, and that I may include tabular tions of agricultural exports. I believe building in Los Angeles. and extraneous material. the language that we are offering will Finally, I think all of us hear on a The SPEAKER pro tempore. Is there make it easier for our senior citizens to near weekly basis from the land grant objection to the request of the gen- have access to safer, less costly drugs, schools about the Initiative for Future tleman from New Mexico? and make it easier for our farmers and Agriculture and Food Systems. In past There was no objection. ranchers to export their products to years, we have had to put a limitation certain countries. f on this program to pay for other im- I would like to point out a few high- portant accounts, but this conference CONFERENCE REPORT ON H.R. 4461, lights of the conference report which I report allows the Initiative as well as AGRICULTURE, RURAL DEVELOP- think are important to us all. In the the Fund for Rural America to go for- MENT, FOOD AND DRUG ADMIN- two main research accounts, we have ward in fiscal year 2001, using money ISTRATION, AND RELATED about $120 million over the current fis- saved from the 2000 budget. AGENCIES APPROPRIATIONS cal year level, in direct response to ACT, 2001 Members’ concerns for critical research Mr. Speaker, this is a bill that will Mr. SKEEN. Mr. Speaker, pursuant priorities. generate benefits in every congres- to House Resolution 617, I call up the APHIS regular programs have been sional district in the country. We are conference report to accompany the increased by $38 million over fiscal providing strong protection for the bill (H.R. 4461) making appropriations year 2000, in response to many Mem- health and safety of our citizens, nutri- for Agriculture, Rural Development, bers’ concerns about invasive plants, tion and feeding programs for the most Food and Drug Administration, and pests, and diseases. There is additional vulnerable, and agricultural research Related Agencies programs for the fis- money in the APHIS account to assist which makes us the greatest producer cal year ending September 30, 2001, and in the boll weevil program. The Agri- of food and fiber the world has ever for other purposes. cultural Marketing Service has in- known, and funding for a strong and The Clerk read the title of the bill. creased by $15 million, and GIPSA by productive rural America. The SPEAKER pro tempore. Pursu- $4.5 million. Mr. Speaker, we have tried our best ant to House Resolution 617, the con- Meat and poultry inspection has been to put together a good, solid bipartisan ference report is considered as having increased by $47.5 million, which is ac- bill which works for all America. Much been read. tually higher than the official budget of it is compromise, to be sure, but I (For conference report and state- request. This represents our efforts to believe it is good compromise and good ment, see proceedings of the House of respond to problems that occurred policy. Friday, October 6, 2000 at page H9461.) after both bodies had passed their re- In closing, I would like to thank all The SPEAKER pro tempore. The gen- spective bills. of my colleagues on the subcommittee tleman from New Mexico (Mr. SKEEN) Our FSA loan programs are increased for their help and hard work since we and the gentlewoman from Ohio (Ms. slightly over the current year, and we began this process earlier this year. In KAPTUR) each will control 30 minutes. have met the administration’s requests particular, I would like to thank the The Chair recognizes the gentleman for salaries and expenses. staff for all their hard work: Hank from New Mexico (Mr. SKEEN). Conservation programs on the discre- Moore, the subcommittee clerk; Martin Mr. SKEEN. Mr. Speaker, I yield my- tionary side are increased by about $70 Delgado; Joanne Orndorff; John Z.; self such time as I may consume. million, which is just under the admin- Ann Dubey; Maureen Holohan; David Mr. Speaker, I rise to bring before istration’s request. On the mandatory Reich, of the staff of the gentleman the House the conference report on the side, there is an additional $35 million from Wisconsin (Mr. OBEY); and Jim fiscal year 2001 appropriations bill for for technical assistance for the Wet- Richards, from my personal office. Agriculture, Rural Development, the lands Reserve and the Conservation Re- Without them, we would not have a bill Food and Drug Administration, and serve programs. There is also $117 mil- here today. Related Agencies. lion to enroll an additional 100,000 Mr. Speaker, I urge all my colleagues Mr. Speaker, this bill has two main acres in the Wetlands Reserve Pro- to support this conference agreement. parts. The first titles, Title I through gram, since so many Members have re- Mr. Speaker, I include for the VII, comprises the regular fiscal year quested us to lift the authorized enroll- RECORD the following material related 2001 appropriations bill, which has a ment cap. to H.R. 4461:

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VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 Insert offset folio 355C/8 here EH11OC00.008 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22211 Mr. Speaker, I reserve the balance of dition to this has $15 billion in discre- In rural development, we do provide my time. tionary spending in important areas, an increase over last year; in food do- b 1530 such as new research for fuels of the fu- nations, in the PL480 provisions and in ture, the extension service to bring the title 2, an increase there to help move Ms. KAPTUR. Mr. Speaker, I yield latest in research right down to the surplus product into the international myself such time as I may consume. farm and the ranch, conservation pro- market so as to help farm prices here Mr. Speaker, I rise in support of this grams—so much a part of America’s at home; and then in the Food and conference report as a significant im- rich natural heritage and essential to Drug Administration, some additional provement over the measure that origi- sustainability of the future, food safety assistance there, but certainly not nally moved through this body. Before programs, rural housing and develop- what the agency was looking for. I get into the details, let me just say ment, all of our feeding programs, I wanted to spend my final few min- that I particularly this afternoon rise international assistance and certainly utes here talking about the emergency with great respect and true admiration the Food and Drug Administration. funding provisions in more detail, be- for the gentleman from New Mexico In this bill, also, and this is of crit- cause this is so important across the (Mr. SKEEN), our chairman of the Sub- ical interest to those who tie their live- country. For crop losses due to disas- committee on Agriculture, Rural De- lihoods to the rural countryside, we ters, during the 2000 crop year, includ- velopment, Food and Drug Administra- have more than $3.6 billion for disaster, ing those losses due to quality losses, tion and Related Agencies, who under farm assistance, and rural development we have funded what is necessary. We current Republican caucus rules is programs. estimate across America that will re- serving his last year as a fair, caring I will say more about that in a mo- quire over $1.6 billion in funding. and truly outstanding chairman. ment, but we were also able to incor- There is funding in this bill for dairy I will say that I know that as a reg- porate into this measure portions of producers to compensate for their low ular committee member, the gen- the Hunger Relief Act. We know as wel- prices. There is livestock assistance. tleman will continue to be exemplary fare reform really kicks in in every We had many questions on that from in his service, but I will miss him in his State across this country, thousands of people representing ranching commu- current position. people go to work for minimum wage nities. Also there is targeted assistance Mr. Speaker, I wish to express gen- without health benefits. for our apple and potato producers, uine support and thanks to our sub- In this bill, we have provided housing cranberry producers, honey producers committee staff, Hank Moore, Martin and vehicle allowances and the right to as well as wool and mohair. There is no Delgado, John Ziolkowski, Joanne food for those workers and their chil- reason just because you are not a row Orndorff and our detailees Anne DuBey dren to help them transition to the crop producer that you should not have and Maureen Holohan, and also our mi- marketplace off of welfare. We are some type of assistance if you are nority staff, David Reich, and on my very, very pleased to be able to do that going to lose your operations. own staff, Roger Szemraj for doing on this particular committee. There is authority in this bill to en- such a tremendous job in sheperding Mr. Speaker, I also have to say, of roll an additional 100,000 acres in the this major legislation through the Con- course, we were not able to defeat the Wetlands Reserve Program, and $35 gress. rule and bring a real prescription drug million for the Natural Resource and I also want to say to the gentleman reimportation provision before the Conservation Service for technical as- from Florida (Mr. YOUNG), the chair- Congress. That is truly sad, and every sistance in relation to that program, as man of the Committee on Appropria- one of us will have to account for that well as the Conservation Reserve Pro- tions, he kept his word on both sides of before the voters this fall. In addition gram. the aisle, so that our conferees could to that, the sanctions language in this There is an additional $20 million in meet and fully engage in debate as we bill is absolutely unworkable; even the this program for cooperative develop- did in every single line item of this Cuban Government has said that the ment, for new co-ops to help farmers bill. I say thanks to the gentleman provisions may be worse than the sta- and ranchers reposition to meet the from Wisconsin (Mr. OBEY), who is our tus quo, and we really will not be able market in this very difficult period for ranking member on the full committee to sell product in Cuba because of the them. Also there are additional funds who participated in every single meet- restrictions in this measure. for water and sewer across our country. ing. I actually do not know how he However, the needs of the country We just cannot meet the entire need; does it, so tirelessly, and I want to outweigh any one of those provisions, the line of applicants is much longer thank the people of Wisconsin for send- and we have to vote on the overall bill than we are able to accommodate. We ing him here for service to the Nation. based on its merits. have done the very best we could in I want to thank the Members on our I will quickly tick off key provisions this bill. side of the aisle, the gentlewoman from of the bill: we do provide additional Mr. Speaker, I would just ask the Connecticut (Ms. DELAURO), the gen- funds for market concentration inves- Members, in spite of the loopholes—and tleman from New York (Mr. HINCHEY), tigation in our Grain Inspectors, Pack- they are significant in the prescription the gentleman from California (Mr. ers and Stockyards Administration; drug provision and the sanctions por- FARR), and the gentleman from Florida food safety, full funding in that pro- tions of the bill—to vote for this bill. (Mr. BOYD). We thank them for yeo- gram; additional funds for our Farm Overall the other provisions require man’s service in the construction of Service Agency operations, including our support. this very important measure. extra funds to administer the disaster Mr. Speaker, I reserve the balance of Mr. Speaker, overall the conference program so essential across this coun- my time. report spends over $78.5 billion. A little try this year; for our conservation pro- Mr. SKEEN. Mr. Speaker, I want to over three-quarters of that is in what grams, a decent level of support; re- thank the gentlewoman from Ohio (Ms. we call mandatory spending for pro- search, which is key to the future; in KAPTUR) for her kind remarks. grams, especially our food programs, APHIS, while the Animal Plant Health Mr. Speaker, I yield 3 minutes to the breakfast programs, lunch programs, and Inspection Service, it has been gentleman from Washington (Mr. elderly feeding programs, surplus com- funded in a manner that dedicates an NETHERCUTT). modity programs, that are used from inordinate amount of funds to the boll Mr. NETHERCUTT. Mr. Speaker, I coast to coast. $28 billion dollars, near- weevil program. We have so many also want to commend the gentleman ly half of that, goes to the Commodity other invasive species such as Asian from New Mexico (Mr. SKEEN), chair- Credit Corporation for net realized longhorn beetle and others where we do man of the Subcommittee on Agri- losses as we move product around the not have equal levels of support. That culture, Rural Development, Food and world and here at home. is unfortunate. We were not able to Drug Administration and Related Mr. Speaker, another $1.7 billion goes work out fair apportionment of these Agencies, and join with the gentle- for crop insurance. The base bill in ad- funds completely. woman from Ohio (Ms. KAPTUR) in her

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22212 CONGRESSIONAL RECORD—HOUSE October 11, 2000 praise for the chairman’s activity on who might say nay about it. This is On July 20 of this year, the House by this subcommittee. going to work to benefit American ag- a vote of 301–116 overwhelmingly ex- He has been a great chairman and a riculture. It is going to work for Iran, pressed its will to end our unilateral great friend and has really worked hard Libya, Sudan, North Korea, and Cuba. trade embargo, and yet the provision to balance the interests and needs of I certainly respect my friends on the inserted by the House leadership in- all the Members. I rise in support of other side of this issue relating to cludes a travel ban and restrictions on this conference report, because it may Cuba, the gentleman from Florida (Mr. finance that will continue to undercut be that this subcommittee has pro- DIAZ-BALART) and the gentlewoman the ability of U.S. farmers and ranch- duced maybe one of the most valuable from Florida (Ms. ROS-LEHTINEN). They ers to take full advantage of Cuba’s appropriations bills that would come are very patriotic, good Americans who market potential. before the House of Representatives, care deeply about the current sanc- The compromise in this bill gets us 5 because it meets the needs of human tions policy in our country. percent of where we need to be. Mr. beings, their hunger needs, their food I happen to disagree with their policy Speaker, I am also concerned about the needs, and their medicine needs. position; but they fervently believe in implications of the provision included It all comes under the jurisdiction of it, and I respect that. We have tried to in the conference report regarding this subcommittee. I especially appre- craft a measure that would work for trade sanctions. While I am sympa- ciate that this is a further implementa- their needs and their particular posi- thetic to the goal of this provision, it tion of the Freedom to Farm Act that tions and policy decisions and those of should have been withheld until we had we passed back in 1996, which the us who care about the free trade side of a thorough analysis of all of its trade President signed, and all of the Mem- American agriculture. Mostly, I would effects and, particularly, its effect on bers of the House and Senate who cared say to my colleagues that I have had a agriculture. deeply about agriculture have needed great staff that has helped get through Mr. Speaker, despite these inadequa- to have this next step taken in the area this process, Rob Neal and Jack Silzel, cies, this conference report includes of lifting sanctions on food and medi- and as imperfect as the legislative many good and important provisions, cine. process might be, this is a good pack- including funding, conservation, re- In that respect, I have been proud to age. I hope it passes this House. search, rural development. It provides work with the chairman and some of Ms. KAPTUR. Mr. Speaker, I yield much-needed assistance to agriculture my colleagues on the subcommittee on 21⁄3 minutes to the gentleman from producers affected by natural disasters. both sides of the aisle, most impor- Texas (Mr. STENHOLM), the very distin- It addresses the drinking water emer- tantly, the gentlewoman from Missouri guished ranking member of the Com- gencies in rural areas brought about by (Mrs. EMERSON), certainly the gen- mittee on Agriculture. drought, and it will enact portions of tleman from Arkansas (Mr. DICKEY), Mr. STENHOLM. Mr. Speaker, I the Hunger Relief Act that will be cru- the gentleman from Iowa (Mr. thank the gentlewoman from Ohio (Ms. cial to ensuring that our neediest citi- LATHAM), the gentleman from New Kaptur) for yielding the time to me. zens are adequately nourished. York (Mr. WALSH), the gentleman from Mr. Speaker, I rise in support of the Mr. Speaker, I support the conference Georgia (Mr. KINGSTON), the gentleman conference report. I want to begin by report; and I thank my friend, the gen- from Texas (Mr. BONILLA), and on the complimenting the work of the gen- tlewoman from Ohio (Ms. KAPTUR), for other side of the aisle, the gentle- tleman from New Mexico (Chairman yielding the time. woman from Ohio (Ms. KAPTUR), the SKEEN) and the gentlewoman from Ohio Mr. Speaker, I am pleased that this con- gentleman from California (Mr. FARR), (Ms. KAPTUR), the ranking minority ference report includes two important provi- the gentleman from New York (Mr. member, as well as the full committee sions from the bipartisan Hunger Relief Act, of HINCHEY), the gentleman from Michi- chairman, the gentleman from Florida which I am a proud co-sponsor. One of these gan (Mr. OBEY), and the gentlewoman (Mr. YOUNG), and the gentleman from would increase and then index the cap on the from Connecticut (Ms. DELAURO). We Wisconsin (Mr. OBEY), the ranking mi- excess shelter deduction. This arbitrary cap have all worked hard. nority member. They have done a tre- can result in families with children having We do not have a product that satis- mendous job. In addition to facing the money they spend on their rent, mortgage, fies each of us and all of us, but it is a obstacle of unrealistic budget re- and utilities being counted as if it was avail- great step forward as we lift sanctions straints, they have once again had to able to buy food. I hope that in reauthoriza- on food and medicine and establish a struggle against a leadership that is tion, we can eliminate this cap altogether so new policy for our country as it relates bent on subverting the expressed will that families with children are treated in the to the imposition of sanctions unilater- of this House. same manner as elderly and disabled house- ally. It is my fond hope that some day holds are now. The President in the future, assum- soon we will have an honest conference The other provision would give states broad ing he signs this bill, and I hope that on an agricultural bill with input from flexibility to increase or eliminate limits on the he will, will have the Congress as a the administration and from this side value of vehicles they may own and still re- partner in decisions that are made of the aisle in a true bipartisan result, ceive food stamps. For many low-income fami- about whether or not to impose sanc- but not today. lies, having a dependable car is essential to tions on food and medicine unilaterally As a direct result of the leadership’s their ability to find and keep employment. De- by our country. involvement, we have lost key opportu- nying food assistance to a household based Helping in this effort have been other nities to move our country forward in on the value of a vehicle makes no sense: if Members of the House of Representa- both its trade relations and with re- the household sold the vehicle, it would be- tives on both sides of the aisle. The gard to the availability of affordable come eligible for food stamps but then would gentleman from South Dakota (Mr. prescription drugs. have a much harder time becoming more self- THUNE) has been a great supporter; the Mr. Speaker, the agriculture embar- sufficient. This provision allows states to adopt gentleman from Kansas (Mr. MORAN); go on U.S. sales to Cuba has done little rules from any program that receives TANF or the gentleman from Washington (Mr. to change the behavior of this island TANF maintenance of effort funds as long as HASTINGS) has been a leader in this ef- nation. In fact, U.S. sanctions have that program provides benefits that could meet fort. given Cuba an excuse for the failed the definition of ‘‘assistance’’ in the TANF Mr. Speaker, I just want my col- policies of a communist regime. With rules. This could include, for example, any leagues to know that this is a new day complete normalization of trade rela- child care program since child care can count for trade sanctions. It is a new day for tions, Cuba could become a $1 billion as assistance under certain circumstances. agriculture and trade policy that says market for U.S. agriculture producers States would not be required to determine food and medicine should not be used within 5 years, making it our second whether any particular individual received as- as weapons of foreign policy. This is largest market in Latin America after sistance from the TANF- or MOE-funded pro- workable, notwithstanding the people Mexico. gram since that would impose administrative

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22213 burdens and whatever standards the state this bill and the commitment that we other imports. It is a very significant adopted would apply statewide. Where a have made to the American farmer. thing, and that bill is coming along household has more than one vehicle, a state Ms. KAPTUR. Mr. Speaker, I yield and is going to be in place soon. electing the option would evaluate each under 11⁄2 minutes to the distinguished gen- There is some education initiatives whichever rules would result in the lower attri- tleman from California (Mr. BERMAN), concerning timber. In our Forest Serv- bution of resources, whether the regular food a Member of the Committee on the Ju- ice areas, we have a serious problem of stamp rules or the rules borrowed from the diciary. how to manage that. We will have a other state program. Of course, if the state Mr. BERMAN. Mr. Speaker, I regret- study of that in our University of Ar- TANF- or MOE-funded program excluded cars fully have to rise in opposition to the kansas at Monticello. completely, or did not apply resources rules, conference report, with great respect We also have a seven-State program those rules would prevail. to the gentleman from New Mexico called Delta Teachers Academy that Mr. SKEEN. Mr. Speaker, I yield 2 (Chairman SKEEN) and the gentle- will have a learning center in the minutes to the gentleman from New woman from Ohio (Ms. KAPTUR), the UAPB campus in Pine Bluff, Arkansas York (Mr. WALSH). ranking member of the subcommittee, that will teach teachers how to teach. who I know have done their best to put It will help them in doing that in the b 1545 together an attractive proposal. But I Delta. Mr. WALSH. Mr. Speaker, I thank believe we pay too high a price in this We have net catfish initiatives. The the gentleman from New Mexico (Mr. legislation. National Aquaculture Research Center SKEEN), chairman of the subcommittee, Several months ago, the House in Stuttgart, which is not in my dis- for the excellent work that he did in passed the Sanford amendment to the trict, but serves the Nation in studying working through these very difficult Treasury-Postal appropriations bill by catfish yields, improving yields, food issues. a vote of 232 to 186, prohibiting the use quality, disease control and stress tol- It has been said that politics is the of any funds to enforce the travel re- erance. We also have a specific appro- art of the possible. What we accom- strictions on Cuba, now we see, as the priation for an Aquaculture/Fisheries plished on this bill, especially as it re- price paid to allow our farmers to ex- Center at UAPB, again, in Pine Bluff, lates to our trade policies, is exactly port the codification of restrictions Arkansas that concerns itself with the what is possible, no more, no less. But which work against the very goals that control of the commorants as they are what we have done, Mr. Speaker, is we the proponents of those restrictions attacking the fish industry. We have several different provisions made a historic change in our foreign constantly proclaim they want. also that will help catfish farmers in policy. The whole history of the downfall of that the Secretary of Agriculture is Hopefully never again will the United tyranny comes from contact with peo- prohibited from denying loans for cat- States use food and drug as a weapon. ple from democracies, with human fish farmers in Arkansas for being in Our farmers need all the markets that rights crusaders, with people who want the floodplain. they can get. We should never be put- to establish people-to-people programs. All of these things plus others are ting ourselves in a position where we Instead of allowing the flexibility to are cutting off markets, because Amer- the reasons why I am for this bill. move ahead and advance these kinds of Ms. KAPTUR. Mr. Speaker, I yield 2 ican farmers are the best in the world, programs and other kinds of useful minutes to the distinguished gentle- the most productive in the world, and contacts, we codify a policy that, for 40 woman from North Carolina (Mrs. we need to help them to get to the years, has failed to achieve its primary CLAYTON), a member of the Agriculture markets. goal. authorizing committee. The issue of reimportation of drugs, That is a terrible mistake. It is a vio- Mrs. CLAYTON. Mr. Speaker, I there has been an awful lot of dema- lation of the civil liberties of the thank the gentlewoman from Ohio for goguery about this on the other side. Americans and Americans right to yielding me this time. The fact of the matter is we address it. travel. It undermines the very goal we Mr. Speaker, like many conference For the first time, it is being ad- seek in our Cuba policy. For the life of agreements, this one has a provision dressed. I suppose if we had not ad- me, I would love to hear the expla- that I am pleased with, and it has pro- dressed it, we would have heard about nation which prohibits export financ- visions that are not in it that I am not that, too. ing to Cuba but gives waiver authority pleased with. We have improved on the food stamps and discretion to the executive branch Nonetheless, I intend to vote for the regulations for poor Americans. Wel- when we talk about export financing of conference report because it has many fare reform did more for this country our exports to both Libya and to Iran. national priorities and local priorities and its people than maybe any other Mr. Speaker, I would love to hear the that are important to the Nation’s con- reform that has been passed in the last gentleman from Washington or some- stituents and my constituents. 25 years. More Americans are produc- one else defend that distinction. Among the provisions that are in this tive. Fewer kids are in poverty. More Mr. SKEEN. Mr. Speaker, I yield 2 agreement is funding for modular hous- Americans are healthy because of that minutes to the gentleman from Arkan- ing for elderly North Carolinans who reform. But we had some minor sas (Mr. DICKEY). are flood victims, funding for a criti- changes to make in the Hunger Relief Mr. DICKEY. Mr. Speaker, I would cally needed drainage project in flood- Act, that will help States to address like to speak in favor of this bill from ravaged Princeville, North Carolina, the issues of moving people from wel- several different standpoints: the and funding for the innovative fare to work. standpoint of what the Nation is bene- agrimedicine project designed to com- Disaster relief, disaster assistance for fiting and how my State of Arkansas is bat farm injuries and illness in East farmers, apple farmers, dairy farmers, benefiting. Carolina University. crop farmers, I think the Congress did First of all, we have the importation I am pleased to say that this agree- a good job in a bipartisan way of ad- of drugs that is going to be a signifi- ment also includes very important lan- dressing disaster relief issues. cant event in our Nation’s battle guage to combat hunger. Important We have made major strides in im- against high drug prices. We have got food stamp modifications are made on proving the environment through the in this bill a $3 million appropriation the shelter cap and to the automobile Agriculture bill, primarily in the CRP that will help in the construction for cap. program and also in agriculture re- the National Center of Toxilogical Re- While the WIC program did not re- search. This is a broad bill, it is an ex- search in my district that will handle ceive all the funding it should have or pansive bill, it is an important bill, and the imports and examinations. The that was requested, nevertheless, $4.1 we need not focus on the warts and the FDA will be in charge of this, and they billion is vitally needed and certainly scabs within the overall legislation. We will handle the inspections on the will be used in this highly successful need to focus on what is good about drugs as well as inspections on all program.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22214 CONGRESSIONAL RECORD—HOUSE October 11, 2000 This agreement includes significant culture credit programs are increased investigations. They will show it now. funding for the emergency disaster re- by $14 million over fiscal year 2000, and My written statement will elaborate on lief for farmers, for crop losses, res- agriculture research has increased by this point. toration projects. The agreement con- $86 million. The boll weevil eradication My opposition to the drug reimporta- tinues funding for agricultural re- program is funded at $79 million. These tion provisions requires me to vote search, education extension, service ac- are just a few examples of how this bill against an otherwise acceptable bill. tivity. will help our farmers and ranchers and I would note the American people I am, however, disappointed that the all of us who have large rural agri- want a decent prescription, not a pla- agreement only includes $3 million of culture communities. cebo, and they want one that is safe the $6.8 million approved by the House The word ought to get out that there and one which will help their health. funding going for research to the His- is a true commitment in a bipartisan This particular proposal will not. It torically Black Colleges and Univer- way to help these folks who were really puts Americans at risk. I warn my col- sities. Nonetheless, this agreement the salt of the Earth, the producers of leagues what they are doing. I hope does offer some limited hope through this country who were trying to com- they will listen. this limited increase. Hopefully, we pete in international markets with Mr. THOMAS. Mr. Speaker, will the would do better the next time. other countries sometimes that sub- gentleman yield? Mr. DINGELL. I am glad to yield to The overall agreement is comprehen- sidize their producers in unfair ways. sive and does include important na- There is a tremendous commitment the gentleman from California. Mr. THOMAS. Mr. Speaker, I thank tional priorities that deserve our sup- by many of us, again, in a bipartisan the gentleman for yielding to me. I do port, and I urge its passage. way to do what is right in this Agri- want to associate myself with his re- Mr. SKEEN. Mr. Speaker, I yield 3 culture appropriations bill. I stand in marks. This is far more complicated minutes to the gentleman from Texas strong support and would urge all of than most people believe, as the gen- (Mr. BONILLA). my colleagues to do the same. tleman from Michigan said. I am very Mr. BONILLA. Mr. Speaker, I rise in Ms. KAPTUR. Mr. Speaker, I yield 3 familiar with his historical involve- strong support of this agriculture ap- minutes to the very distinguished gen- ment in this area. propriations bill. I think we all have to tleman from Michigan (Mr. DINGELL), All of us want to relieve this prob- be reminded constantly that this is a the incredibly hard working ranking lem, but I want to underscore the com- bill that helps agriculture first and member of the Committee on Com- ments the gentleman from Michigan foremost. merce. made, and I do want to associate my- But before I mention a couple of spe- Mr. DINGELL. Mr. Speaker, I thank self with his remarks. cifics, Mr. Speaker, I think for the the gentlewoman from Ohio for her Mr. DINGELL. Mr. Speaker, I thank record this Member at least has consid- kindness, amongst many others, to me. the gentleman from California. I hope ered it a tremendous honor to work Mr. Speaker, an otherwise acceptable my colleagues will listen to what the under the leadership of the gentleman bill has been very much hurt in the gentleman just said because we are from New Mexico (Chairman SKEEN) in conference report by the drug re- putting the Nation and the senior citi- this process. He is a person who sets importation provisions. In a word, they zens and others at risk. Reimporting the highest standard of integrity and protect users of reimported pharma- drugs is a dangerous and risky pros- brings to work every day the highest ceuticals very poorly if at all. They put pect. Doing so without adequate pro- commitment. The character and the them at severe risk and hazard. tections and controls for the protection determination that he brings every day So I am going to tell my colleagues of consumers is a still greater risk. I to work for the betterment of agri- some of the things that are going to ask my colleagues to listen to what I culture in America is something that I happen as a result of these provisions say. There is danger here they are not will always, always remember. so poorly studied by the Congress and observing. He is not going anywhere. But I so ill attended to in committee. Mr. Speaker, I must oppose this bill. Al- think I speak for many of us on the Soon, Americans will be taking sub- though there are many very good provisions subcommittee who just cherished the standard, adulterated or counterfeited addressing major agricultural needs, there is time that we have had working under imported drugs because of these provi- also a very dangerous provision that would his leadership on this subcommittee. sions. These provisions will do nothing allow for the reimportation of prescription I want to specifically mention that to help lower the price of prescription drugs from foreign sources. That is something this bill, again, does deal with a lot of medicines and are no substitute for I cannot support. important aspects of agriculture assist- prescription pharmaceuticals to senior During the 1980’s, the House Energy and ance and relief, drought, other natural citizens under Medicare. Commerce Committee conducted a lengthy in- disasters. Commodity prices over the Because FDA is already overwhelmed vestigation into the foreign drug market that ul- years have dealt a bad hand to many of with inspecting foreign manufacturers, timately led to enactment of the Prescription our producers in this country. There is it will not be able to handle the vast Drug Marketing Act (PDMA). That investiga- a lot of assistance in this bill for that; new responsibilities being imposed tion discovered a potentially dangerous diver- $3.5 billion in economic assistance that upon it, and consumers will suffer and sion market that prevented effective control does not need to be held up in Wash- be at risk. over the true sources of drug products in a ington any longer. In the coming years, FDA is going to significant number of cases. The distribution I know that there are Members who be pilloried by politicians for failing to system was vulnerable to the introduction and do not like that certain commodities protect Americans from bad prescrip- eventual retail sale of substandard, ineffective, have received assistance in this bill as tion drugs which are reimported under or even counterfeit pharmaceuticals. As the well. We have attempted to do the these provisions, when in fact the resulting Committee report stated, ‘‘pharma- right thing and address all commod- blame should fall squarely upon the ceuticals which have been mislabeled, mis- ities that have suffered. We should not politicians in the 106th Congress. branded, improperly stored or shipped, have sit here and pick and choose who we Make no mistake. This reckless leg- exceeded their expiration dates, or are bald help and who we do not based on islation never went through the com- counterfeits are injected into the national dis- whether or not we like what we grow or mittees with expertise or experience in tribution system for ultimate sale to con- the farm programs that they operate these matters. It is going to lead to sumers.’’ under. They did not set the programs. needless injuries and deaths. The PDMA was designed to restore needed Congress did. Now we must help all The world pharmaceutical market is integrity and control over the pharmaceutical areas of rural communities survive in a dangerous place, far more so than my market, eliminating actual and potential health this very difficult time. colleagues understand. Congressional and safety problems before injury to the con- The bill also goes the extra mile to investigations showed this in the 1980s, sumer could occur. Again, the Committee re- support farmers and ranchers. Agri- and I know because I conducted those port was clear on why the PDMA was needed:

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22215 [R]eimported pharmaceuticals threaten cess a steady supply for resale. In fact, this has taken place and trying to do the the public health in two ways. First, foreign bill is riddled with numerous loopholes that will best job possible in this bill to address counterfeits, falsely described as reimported allow manufacturers to label or produce their those concerns. The one major concern U.S. produced drugs, have entered the dis- we have, as far as delivering services in tribution system. Second, proper storage and products in a form that makes them either im- handling of legitimate pharmaceuticals can- possible or cost-prohibitive to reimport. The Iowa, and I think throughout the coun- not be guaranteed by U.S. law once the drugs notion that this bill will create an abundance of try, is with the FSA offices. This bill have left the boundaries of the United cheap, properly labeled, and properly repack- increases funding for those people who States. aged drugs, easily available to reimporters, is are at the ground level doing the work I find nothing today that suggests that the simply false. out there, actually in contact with the problem with misbranded, adulterated, or even Finally, Mr. Speaker, this bill makes long- farmers themselves; and these people counterfeit foreign drugs has been solved, and term changes to the Food, Drug and Cosmetic are working their hearts out in the if anything, the problem may be getting worse. Act, without the benefit of even a single legis- countryside. I am thus concerned that in our haste to find lative hearing. During the 1980’s, the Energy There is increased funding in the bill a way to bring cheaper drugs to seniors and and Commerce Committee conducted a to the tune of $34 million in addition to other needy Americans—a clearly important lengthy multi-year investigation resulting in nu- the $50 million additional to take care and laudable goal—we risk making changes to merous hearings before any related legislation of the emergency disaster programs key health and safety laws we may later re- was drafted. There have been no public hear- that are also stated in this bill. Mr. gret. ings regarding this legislation, as most of this Speaker, there is an increase as far as On October 3, 2000, the Subcommittee on process has involved closed-door pro- our credit programs so that we can Oversight and Investigations held a hearing ceedings. With the many implications this leg- continue to use that tool for exports that underscored that the Food and Drug Ad- islation will have on public health and safety, and to make sure that we do try and ministration (FDA) is already overwhelmed this process has ill-served the public and is in- have opportunities for our farmers to and underfunded, and thus unable to consist- defensible. sell their products overseas. ently undertake the many tasks now required In conclusion, this provision represents the Conservation is a huge issue as far as we are concerned in Iowa and through- to protect the U.S. drug supply. At that hear- flawed implementation of a risky concept. out the country, and those activities ing, FDA Commissioner Jane Henney testified Many of the Members supporting this legisla- are increased by $53 million in the bill. that FDA has insufficient post-market surveil- tion believe they are doing the right thing by Food safety is increased by $47.5 mil- lance resources to keep pace with its current helping Americans get access to cheaper lion. Funding for the Food and Drug mandate. Consequently, the agency is lagging medicine, and assume that medicine will, in Administration is almost $35 million in conducting inspections of firms that ship fact, be safe. I agree that medicine needs to more than what it was last year, and drug products to the U.S., and this burden is be cheaper, but disagree that reimported med- $89 million basically, with some sav- only going to worsen in the future. icine will be as safe. We know too much about The legislation in question today only exac- ings with the President. the kinds of drug manufacturing and distribu- We are continuing our commitment erbates this already-serious problem. As envi- tion shenanigans that take place in other parts as far as food and nutrition for our peo- sioned by this proposal, FDA will newly be re- of the world to allow our system to be jeopard- ple here, increasing funding for WIC. A sponsible for inspecting the entire custody ized by the legislation contained in this spend- very, very important issue for Iowa is chain between all parties and processes in- ing bill. It is flawed legislation that will, if the lifting of sanctions in the bill with volved in the shipment of drugs back to the passed in its present form, result in significant Cuba, Iran, Libya, North Korea, and U.S. market. This could include repackaging harm to the very persons we are trying to the Sudan. With the Cuban issue, it is and relabeling facilities, as well as the many help. Thus, I cannot support this bill. a major breakthrough for us to finally storage firms that might be used in this proc- b 1600 have that door at least cracked open so ess. This proposal would also ultimately re- that we have an opportunity to sell quire FDA to oversee the formation of new Mr. SKEEN. Mr. Speaker, I yield 4 minutes to the gentleman from Iowa into that market, and to also look to testing facilities, and develop regulations to these other new markets that we have (Mr. LATHAM). address numerous safety concerns ignored by and be able to use credit here in the this proposal. In short, the reimport legislation Mr. LATHAM. First of all, Mr. Speaker, I just want to publicly say U.S. to go into highly populated coun- will inundate an already overburdened FDA tries, like North Korea, Iran, and these with new responsibilities. Worse, it will do so how much I appreciate the great work of our chairman. This will be his last other countries that offer so much po- without any assurances that the agency will tential for us. bill as chairman of the subcommittee. ever see the approximately $92 million it I am not totally comfortable with all It has been just an absolute pleasure claims it needs to fully implement this plan. In- the provisions in here. I would like to stead, the bill only gives $23 million for a sin- and an honor to work with the gen- see opening of travel and things like gle year, or one-fourth of what the plan will ul- tleman from New Mexico (Mr. SKEEN). that, but we at least have a break- timately require. Given the fact that the agen- I know the gentleman is staying here through as far as this issue is con- cy is already significantly underfunded, I see next year and everything; but because cerned. I think we can advance the idea almost no chance it will see this money. of the rules, he will no longer be chair- that through openness, through trade, But even if Congress were to provide the man of this subcommittee; and I just we can change countries and have them additional resources, I remain skeptical that want to tell him on a personal level come into the democracy, which we all FDA could even construct a global regulatory how much I appreciate all his hard very, very much want. framework as safe as what is now in place. work and what a great job he has done Again, I congratulate the chairman FDA was unsuccessful in preventing counter- for New Mexico and for the rest of the and the ranking member. feit and substandard drugs from entering the country. Ms. KAPTUR. Mr. Speaker, I would U.S. before the Prescription Drug Marketing And to the ranking member, Mr. like to inquire as to the remaining Act (PDMA) went into effect, and so I doubt it Speaker, the gentlewoman from Ohio time on both sides. will be successful once many of its protections (Ms. KAPTUR), it is a real pleasure and The SPEAKER pro tempore (Mr. are undermined by this legislation. it is fun to work with her with the in- NUSSLE). The gentlewoman from Ohio Moreover, it is particularly troubling that terest we all have in agriculture. (Ms. KAPTUR) has 13 minutes remain- drug prices may not even be significantly low- Mr. Speaker, this, I think, is an ex- ing, and the gentleman from New Mex- ered as a result of this proposal. There is cellent appropriations bill. We have ico (Mr. SKEEN) has 10 minutes remain- nothing that guarantees that in this process of been through a very long process ing. undermining our current regulatory system, throughout the entire year with hear- Ms. KAPTUR. Mr. Speaker, I yield 2 lower priced drugs will become available to ings, listening to the concerns of the minutes to the gentlewoman from Cali- needy Americans. Wholesalers may not pass people and the agencies, their pro- fornia (Ms. LEE), the very able member on any accrued savings to the public, nor is it posals, expressing concerns at the way of the Committee on International Re- clear that they will necessarily be able to ac- management in some of the agencies lations.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22216 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Ms. LEE. Mr. Speaker, I thank the have done more, particularly on the by an importer, which means that it is gentlewoman for yielding me this time. issue of agriculture embargoes, which not enforceable.’’ I rise today in strong opposition to the gentleman from Washington (Mr. And then today we receive from the H.R. 4461 in its current form, but in NETHERCUTT) has championed so well. Office of the President, the Office of strong support of ending the embargo But even though it does not go quite as Management and Budget, the fol- on the sale of food and medicine to far with regard to Cuba, let us not for- lowing. And I enter the direct language Cuba. Our current policy toward Cuba get that we are also dealing with four in the RECORD because in the future we was created in the early 1960s, at the other countries against whom we have will have to repair the damage that is height of the Cold War. The Berlin Wall had sanctions on food and medicine, going to be done when this bill is has now crumbled, the Soviet Union and this represents a $6 billion market passed today. It says, ‘‘The administra- has vanished, but this archaic policy is potential for our producers. tion is disappointed that the prescrip- still here. We are all so caught up in the emo- tion drug reimportation provision in For 40 years, 40 years, we have main- tion of Cuba that we forget, quite this bill will fail to achieve its goal of tained a blockade on trade and food frankly, that it is the other countries providing needed relief from the high and medicine with Cuba, and we have that present the biggest opportunity costs of prescription drugs. The major- put severe restrictions on travel by for our producers, and I did not want to ity leadership chose to end bipartisan American citizens. We must lift that let that go without mentioning it. negotiations and, instead, produced a blockade without imposing new bar- I also am very pleased that we have provision in the conference report that riers. However, this bill codifies cur- included in the emergency assistance leaves numerous loopholes that will rent restrictions on Americans travel package a piece that is very similar to render this provision meaningless. Spe- to Cuba. What, I must ask, is our coun- the stand-alone legislation that the cifically, it allows drug manufacturers try afraid of? How can it be against our gentleman from Arkansas (Mr. BERRY) to deny importers access to FDA-ap- interests for our citizens, our most ef- and I introduced, doubling the loan de- proved labeling required for reimporta- fective ambassadors, to travel to Cuba? ficiency payment, particularly when tion so that any and all drug compa- How can we live in the greatest de- our farmers and ranchers are in such nies could, and probably would, block mocracy in the world and restrict the dire straits for the third year in a row. reimportation of their medications. travel of our own citizens? Americans But let me end by addressing the en- Second, a sunset was added that ends should have the right to see Cuba for tire issue of reimportation once again, the importation system 5 years after it themselves. They should have the right and say that all of the loopholes that goes into effect. This will limit private to form their own judgments about this have been recognized on the part of my and public sector interest in investing Afro-Hispanic island 90 miles away colleagues on the other side are loop- in this system.’’ from our shores. holes that really will not exist if in And I would just depart from that to I have led and participated in many fact we are determined to work closely say to my colleague that sunset was delegations to Cuba in an effort to pro- not in the Jeffords bill, as the gentle- mote education, understanding and with the Food and Drug Administra- tion to make this legislation work. woman indicated earlier today. cultural exchange between our coun- And, finally, third, this letter says, Number one, dealing with the issue of tries. I have seen a child with kidney ‘‘The conference language permits the labeling. Let me reiterate again that disease in grave danger because the drug industry to use contracts or the President said he liked the lan- embargo prevented the importation of agreements to provide financial dis- guage in the Jeffords bill that passed a U.S.-made part for a dialysis machine incentives for foreign distributors to the Senate. This is the exact language at this hospital. And I have seen Cuba’s reimport to U.S. importers. It is wrong on labeling which is in the Jeffords health care system, which guarantees that U.S. citizens pay the highest bill. The President urged the Senate to its own citizens universal health care, prices in the world for medications, send him the legislation so he could which we still cannot figure out how to leaving many with no option than to sign it, as long as the appropriate do. go abroad to obtain affordable prescrip- We should allow anyone and everyone money was there to implement it. We tion drugs. But it is also wrong to pro- who wants to travel to Cuba to do so have, in fact, included $23 million that vide false hope that this provision will without fear of breaking the law and the FDA requested for this year to do work to address the problem. More- going to jail. I urge my colleagues to just that. over, Congress has thus far failed to oppose restrictions on travel to Cuba in On the issue of contracts. Let me say pass a meaningful Medicare prescrip- this bill and vote ‘‘no’’ on H.R. 4461. once again that while we have not in- tion drug benefit that will not only Mr. SKEEN. Mr. Speaker, I yield 3 cluded the exact language that the gen- provide price discounts but will ensure minutes to the gentlewoman from Mis- tleman from California (Mr. WAXMAN) seniors and people with disabilities souri (Mrs. EMERSON). wanted, we have in fact included lan- against the catastrophic costs of medi- Mrs. EMERSON. Mr. Speaker, first of guage that does prevent a manufac- cations.’’ all, I want to say that I rise in support turer from limiting or entering into That is a direct quote from the Exec- of this legislation, and I want to thank any kind of contractor or agreement utive Office of the President. And, Mr. the gentleman from New Mexico (Mr. that prevents the sale or distribution Speaker, the full content of the state- SKEEN) for the tremendous leadership of covered products for reimportation ment is as follows: he has given all of us over the last sev- purposes. STATEMENT OF ADMINISTRATION POLICY eral years, fighting hard for our pro- So all in all I think this is an excel- (This statement has been coordinated by ducers, helping us deliver emergency lent bill and I urge a ‘‘yes’’ vote, and I OMB with the concerned agencies.) and disaster aid. I do not know anyone again thank the chairman for the great H.R. 4461—AGRICULTURE, RURAL DEVELOPMENT, who has worked as forthrightly and on job that he has done. FOOD AND DRUG ADMINISTRATION, AND RE- a consensus basis as the gentleman Ms. KAPTUR. Mr. Speaker, I yield LATED AGENCIES APPROPRIATIONS BILL FY from New Mexico has, and I want to myself such time as I may consume in 2001 thank him. We will miss him tremen- order to place in the RECORD language (Sponsors: Skeen (R), New Mexico; Cochran dously as our leader next year, but I do from the New York Times this morning (R), Mississippi) thank him. refuting what my very dear colleague, This Statement of Administration Policy I also want to thank the gentle- the gentlewoman from Missouri (Mrs. provides the Administration’s views on the woman from Ohio (Ms. KAPTUR) for the EMERSON), has indicated. conference version of the Agriculture, Rural excellent work she does and for her It says Dr. Jane Henney, the Com- Development, Food and Drug Administra- missioner of Food and Drug, said, tion, and Related Agencies Appropriations dedication to supporting American ag- Bill, FY 2001. riculture as well. ‘‘Nothing in the bill requires a manu- The conference report includes support for I want to say that this is a great bill. facturer to give the approved label to a number of important priorities for the Na- I wish in a couple of instances we could an importer or to allow use of the label tion. In particular, the bill includes full

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22217 funding for the President’s Food Safety Ini- state that unfair trade laws have as their have academic exchange. We have cul- tiative, significant increases in rural devel- purpose the restoration of conditions of fair tural exchange. And it is working very opment programs to help rural communities trade. However, that is the purpose of the well. and residents take part in the national eco- anti-dumping and counter-vailing duties If people are desirous of seeing Cuba, nomic expansion, provisions that will enable themselves, which accomplish that purpose. the Cuba that they think it should be, food stamp recipients to own dependable cars By raising the price of imports they shield and have better shelter without losing their domestic producers from import competition it is only because there is people-to- eligibility, and relief to farmers and ranch- and allow domestic manufacturers to raise people contact. But having codified ers who suffered losses from natural disas- prices, increase production, and improve rev- these travel restrictions, we have now ters. While the Administration continues to enues. Consequently, distribution of the tar- placed this in jeopardy. support a range of conservation efforts, such iffs themselves to producers is not necessary Well, this meager, little attempt to as the Farmland Protection Wetlands Re- to the restoration of conditions of fair trade. sell to Cuba without having any finan- serve, and Environmental Quality Incentives In addition, there are significant concerns cial infrastructure to do so, no credit Programs, and is disappointed that this bill regarding administrative feasibility and con- from the United States financial insti- did not provide full funding for these efforts, sistency with our trade policy objectives, in- tutions or government, is not going to we do appreciate the increases that were pro- cluding the potential for trading partners to work. We are undermining the very ef- vided including funds for conservation tech- adopt similar mechanisms. Such concerns nical assistance. However, while the Admin- were raised and examined with regard to a forts of those who would like to sell ag- istration supports this conference report, it similar proposal considered during passage ricultural products and food and medi- has concerns with several provisions in the of the Uruguay Round Agreements Act. That cine to Cuba. bill. proposal was ultimately rejected. I would ask for a no vote. This is a The Administration is disappointed that In addition, the Administration believes wrong-headed policy. the prescription drug reimportation provi- the provision removing the authority of Mr. SKEEN. Mr. Speaker, I yield 3 sion in this bill will fail to achieve its goal USDA’s Undersecretary for Natural Re- minutes to the gentlewoman from Mis- of providing needed relief from the high sources and the Environment has no jus- souri (Mrs. EMERSON). costs of prescription drugs. The majority tification, will interfere with the agency’s Mrs. EMERSON. Mr. Speaker, I want leadership chose to end bipartisan negotia- ability to manage itself effectively, and sets to address the issue that the gentle- tions and instead produced a provision in the a highly undesirable precedent. conference report that leaves numerous loop- The Administration is also disappointed woman from Ohio (Ms. KAPTUR) spoke holes that will render this provision mean- that the bill prohibits the Secretary of Agri- about and say I brought this up earlier. ingless. Specifically, it allows drug manufac- culture from designating any part of a USDA Yesterday the Supreme Court refused turers to deny importers access to the Food research lab in Ft. Reno, Oklahoma, as sur- to grant certiorari to Smith Kline Bee- and Drug Administration (FDA)-approved la- plus land, thereby preventing any consider- cham on an appeal because they were beling required for reimportation so that any ation of returning land to the Cheyenne- concerned that FDA was allowing a ge- and all drug companies could—and probably Arapaho tribe. The Secretary should retain neric drug company to copy their la- would—block reimportation of their medica- his authority to effectively manage USDA bels. The Supreme Court would not tions. Second, a ‘‘sunset’’ was added that property and consider its alternative uses. take the issue. ends the importation system five years after Ms. KAPTUR. Mr. Speaker, I yield 2 Basically, I will read the judge’s rul- it goes into effect. This will limit private minutes to the gentlewoman from Cali- and public sector interest in investing in this ing. It says, ‘‘We hold that Hatch–Wax- system. Third, the conference language per- fornia (Ms. WATERS), the ranking mem- man amendments to the existing Food, mits the drug industry to use contracts or ber of the Subcommittee on Domestic Drug and Cosmetic Act require generic agreements to provide financial disincen- and International Monetary Policy of drug sellers to use labeling that may tives for foreign distributors to reimport to the Committee on Banking and Finan- infringe the copyright in the label of U.S. importers. Finally, despite the Adminis- cial Services, who is so very passionate the pioneer drug. We further hold that, tration’s repeated requests, the conference and committed and intelligent. as a result, copyright liability cannot requires FDA to pay for the costs associated Ms. WATERS. Mr. Speaker, I rise to attach to Watson’s use of Smith with this provision from within resources oppose this conference report because Kline’s label.’’ needed to perform its other important public it includes language that is against the health activities. It is wrong that U.S. citi- Therefore, allowing the copying of zens pay the highest prices in the world for will of this body. the label. And in the language that we medications, leaving many with no other op- Mr. Speaker, there is a United States have in the legislation, there is broad tion than to go abroad to obtain affordable embargo against Cuba. The blockade enough language giving the Secretary prescription drugs. But it is also wrong to serves no real purpose but to satisfy and the FDA the discretion to require provide false hope that this provision will the Florida anti-Fidel Castro Cubans this. work to address this problem. Moreover, who wish to direct the will of this Mr. GUTKNECHT. Mr. Speaker, will Congress has thus far failed to pass a mean- House. the gentlewoman yield? ingful Medicare prescription drug benefit The people of Cuba need food and Mrs. EMERSON. I yield to the gen- that will not only provide price discounts but will insure seniors and people with dis- medicine. The children are in desperate tleman from Minnesota. abilities against the catastrophic costs of need of these supplies that we could Mr. GUTKNECHT. Mr. Speaker, I medications. easily sell to Cuba. thank the gentlewoman for yielding. Mr. Speaker, I have been listening to On the ‘‘Trade Sanctions Reform and Ex- b 1615 port Enhancement Act of 2000,’’ which is in- some of this debate today about impor- cluded in the conference report, there are The United States Chamber of Com- tation and reimportation. I would like two major concerns to the Administration. merce has been to Cuba, the Farm Bu- to talk for a minute about how I got First, the restrictions on the ability of the reau has been to Cuba, and many mem- involved in this debate. It was because President to initiate new sanctions and bers of the agriculture caucus of this our own Food and Drug Administration maintain old ones are overly stringent. This body have been down to Cuba, and they has been and even to this day is send- effectively disarms the President’s ability to are all desirous of lifting this embargo, conduct foreign policy while providing po- ing out threatening letters to senior tential targets of U.S. actions with the time at least to be able to sell food and med- citizens who try to save a few bucks on to take countermeasures. Second, the provi- icine. prescription drugs. That is how I got sions of the bill affecting travel to Cuba However, some Members of this into this debate. would significantly set back our people-to- House are captives of those Cubans in Now, some people are saying, well, it people exchanges that are in the interest of Florida who have not only tried every- does not go far enough; and some peo- opening up Cuban society. They also would thing that they can to keep this em- ple are saying it goes too far. I am re- preclude travel by technicians and others bargo intact but they have also influ- minded of what Winston Churchill said needed to conduct normal business by the enced certain Members of this body to the day after the invasion at Nor- U.S. Interests Section in Havana, as well as travel for humanitarian purposes. get involved with placing further trav- mandy. He said, ‘‘This is not the end. With respect to the provision, ‘‘Continued el restrictions in this bill. This is not even the beginning of the Dumping and Subsidy Offset Act of 2000,’’ the We have done very well with travel end. This is simply the end of the be- Administration agrees with the findings that to Cuba. Many Americans go there. We ginning.’’

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22218 CONGRESSIONAL RECORD—HOUSE October 11, 2000 This debate on opening up the mar- to go a long way. We have 325,000 sen- sition in voting against the previous ket and creating more competition for iors in Maine that do not have access question how we would ignore the prescription drugs is not over. This is to low-cost, affordable prescription thousands of seniors in my congres- the beginning. medicine or insurance. This will afford sional district who are already aware But, at least, for the first time in 8 the State an opportunity to negotiate that they cannot finance food and rent years, the Congress is sending a clear to be able to have access to this pricing and prescription drugs, and then to ig- message that the threatening letters to so we can do better for its seniors, and nore a bipartisan effort on the question seniors for trying to save a few bucks that is something that we should be of drug reimportation seems to be the on prescription drugs is going to end. supporting. height of hypocrisy. And if it does not end, by the grace of Ms. KAPTUR. Mr. Speaker, I yield This bill claims to have a drug re- the voters in my district, I will be back myself 15 seconds only to say that the importation provision, but it allows and I will be working with people from reason, I say to the gentleman from drug companies and their inter- all sides of the aisle. Minnesota (Mr. GUTKNECHT) that we do mediaries to price discriminate against I do not like some of the restrictions not have prescription drug legislation U.S. pharmacies and importers. It sun- that were put on in the conference is because this Congress did not pass it. sets the legislation so we cannot even committee. But I know this, we have And this is our only chance, and, unfor- put in a reasonable infrastructure to made more progress in the last 3 weeks tunately, a flawed bill is being pre- encourage our pharmaceuticals and on this issue than this administration sented as the only option that a few others to engage in this program. It al- has made in 8 years. And I think it is people here negotiated on their own, lows drug manufacturers to block the good progress, and I think we are going not in a bipartisan way. importation of drugs through labeling to see prescription drug prices coming Mr. SKEEN. Mr. Speaker, I yield 1 because it does not allow the use of down. minute to the gentleman from Iowa FDA-approved labeling. And we have Let me just show my colleagues this (Mr. GANSKE). gotten our consumers very label con- chart again. Look at what people pay Mr. GANSKE. Mr. Speaker, I am scious. in the United States compared to the going to vote for this bill. But I think And so, this is a death knell for the rest of the world. before we be too self-congratulatory, legislation. And it does not guarantee Why are we sending threatening let- we should be modest, particularly in American consumers access to the best ters to seniors? regards to the provisions on the Cuba world market price because it restricts This bill may not be perfect, but it is agricultural trade issue and on the re- the countries eligible for importation a giant step in the right direction. I importation issue. There are many even though the FDA agrees that safe- congratulate the gentlewoman from areas in both of those provisions that ty standards for imported drugs are Missouri and those of my colleagues we should strengthen. And we will be high enough to allow access to the en- who had the courage to stand by and back next year I predict and we are tire world market. Our neighbor in Texas, of which fight for this issue because I think, in going to strengthen those. many of my constituents go to, Mex- the years to come, we are going to see I consider this a small step forward ico, has been excluded, one of the larg- prescription drug prices in the United on both of those. And so, I am going to est countries in the southern hemi- States come down dramatically. vote for the bill. But just one of the sphere where thousands of seniors are I would hope we will do this on a bi- provisions on the reimportation says already busing themselves to get partisan basis. I do not think saving that first an importer must get the cheaper drugs. money for seniors is a partisan issue. drug tested and then get the manufac- This is a poor statement on a crisis Ms. KAPTUR. Mr. Speaker, I yield 1 turer to supply the paperwork to the in America. It is a tragedy that we be minute to the very distinguished gen- pharmacist. so hypocritical. I am sorry we have tleman from Maine (Mr. BALDACCI). What will happen then? The manu- used the agricultural vehicle for such a Mr. BALDACCI. Mr. Speaker, I thank facturers will know every pharmacist legislative initiative. I hope, Mr. the gentlewoman for yielding me the that is reimporting drugs. Maybe the Speaker, we can fix this problem. time. next time that pharmacist needs to Mr. Speaker, I rise to offer mixed sentiments First of all, let me just say there is a have a drug from that pharmaceutical regarding the consideration of the conference lot of good things in this bill for agri- company they will find that the phar- report for our Nation’s Agriculture appropria- culture. I commend the gentleman maceutical company does not have tions. First and foremost this legislative effort from New Mexico (Chairman SKEEN) enough drugs to provide them. represents our plans for our Nation’s food and the gentlewoman from Ohio (Ms. These are the types of things that we source for the next year, but this bill is much KAPTUR) for their hard work in the should have debated more fully and had more because it touches prescription drug re- committee. some amendments on. But I do think importation into the United States. Second of all, I would like to say that the bill should move forward and I will The measure appropriates $78.5 billion— the reimportation issue that we have vote for it, and I encourage a yes vote $3.0 billion (4 percent more than the House worked on is not a long-term solution from all of our colleagues. bill, 4 percent more than the Senate measure to the problem but it certainly moves Ms. KAPTUR. Mr. Speaker, I yield 2 and 2 percent more than requested by the ad- forward. It is not perfect but it cer- minutes to the gentlewoman from ministration. The agreement includes $3.6 bil- tainly is going to enhance the ability Texas (Ms. JACKSON-LEE) a very out- lion in emergency funding to aid farmers hurt of Americans and Maineards to be ac- spoken Member and a very able Mem- by disasters and low commodity prices; the cessing low-cost, affordable prescrip- ber. House bill had provided only $115 million in tion medicine. Ms. JACKSON-LEE of Texas. Mr. emergency aid to apple and potato growers, Now, maybe there is a better way to Speaker, first let me thank the gentle- while the Senate measure had $2 billion in do it. Maybe there is an easier way to woman from Ohio (Ms. KAPTUR) for her disaster relief. do it. And that probably is by being persistence and consistent work deal- Over 75 percent ($59.8 billion) of the total able to amend Medicare to be able to ing with agriculture in the United budget authority provided by the agreement in have this part of the program univer- States. And I thank the chairman of FY 2001 is mandatory spending for entitle- sally offered. But that is not the issue the committee. ment programs, including $20.1 billion for the we have before us. Our seniors need re- I am from Texas. And there is a lot of food stamp program. The remainder ($18.7 lief. agricultural business and work in billion) is for discretionary programs. The dis- I want to commend the gentlewoman Texas. There are also a lot of issues cretionary spending in the bill is $4.7 billion for working together on this issue, rec- dealing with the needs of hungry peo- more than the FY 2000 appropriation and $3.2 ognizing that there have been dif- ple in the agriculture bill. billion more than the administration’s request. ferences and it is not a perfect piece of But it disturbs me greatly and I have As has been the case with the last couple legislation. But I do think it is going expressed my consternation and oppo- of agriculture appropriations bills, this year’s

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.001 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22219 measure broke with a tradition of easy pas- the minority 1890 Land Grant Colleges did not TUR), the ranking minority member. It sage and has been complicated by various receive any land-grant funding from the United has been a profound pleasure to serve issues. At the top of the list of things stalling States, unlike other land grant colleges, prior on the subcommittee with both of the measure has been a proposal to relax to 1967 with formulary funding not beginning these Members. trade sanctions against food and medicine until 1972. Since 1988 Federal funding for ag- Mr. Speaker, this is a good bill in sales to Cuba and other so-called rogue na- riculture programs has declined by 8 percent many respects. The agriculture bill tions. In addition, proposals to ease Food and and the base funding that supports agricultural here contains increases in farm con- Drug Administration (FDA) rules for importing scientists and extension educators has eroded servation and rural development pro- drugs and address rising prescription drug by 16 percent. This has obviously had a dev- grams. It contains important increases prices slowed the measure’s progress dramati- astating negative impact on the 1890’s. Fed- in rural housing, business, and utilities cally. Finally, settling on emergency funding eral support for basic research in the decades programs that are critical to small levels to aid farmers recovering from disasters since the 1950’s has decreased from an an- communities across the country. and struggling with low commodity prices also nual growth rate of 22.9 percent in the 1950’s In addition, it contains important proved difficult. Negotiators developed com- to 2 percent in the current decade. Flat sup- recognition for the Rural Economic promise language on each of these conten- port for food and agricultural sciences com- Area Partnership Zone Program. It tious issues during conference action. pounded by the lack of adequate state match- also includes funding for important ag- This bill also makes an historic step toward ing funds have created an alarming erosion in ricultural research initiatives. removing the last vestiges of the cold-war era the conduct of 1890 research and extension In addition, it contains a little more by instituting conditions for trade with Cuba. services. Although the Congress encouraged than $3 billion in critical emergency The agreement lifts current economic sanc- States to provide a 30-percent match for 1890 assistance for farmers and ranchers tions to allow shipments of food and medicine landgrant programs in FY2000, several 1890’s who have suffered through another to Cuba among other nations. In the case of are facing nearly insurmountable barriers in year of bad weather and low prices. Cuba, the measure bars public and private getting states to comply. There is also $138 million for apple United States financing of Cuban agricultural I hope that the actions taken in this bill to farmers struggling to overcome loss of purchases. It also codifies restrictions (cur- provide additional dollars to 1890 Land Grant markets and devastating weather that rently implemented by executive order) on Colleges will mark a new era of Federal sup- have occurred over the last 3 years. Americans traveling to Cuba. This is an unfor- port to these Historically Black Colleges and I want to make it clear, that par- tunate result and this Congress should work to Universities. ticular provision for specialty crops change this stifling action that will impair ef- Within the measure’s $34.1 billion for do- was originated in this House in the forts to help the Cuban people. mestic food programs is $4.1 billion ($37 mil- Subcommittee on Agriculture Appro- The agreement purports to allow phar- lion less than requested) for the women, in- priations and nowhere else. So, for the macies and wholesalers to buy American- fants and children (WIC) program. The bill ap- first time, apple farmers and other made prescription drugs abroad and reimport propriates $873 million ($5 million less than growers of specialty crops are going to them into the United States. Unfortunately requested) for conservation programs; $973 get recognition for the difficult cir- there is a loophole in this legislation, which million ($39 million more than requested) for cumstances under which they operate. may allow drug manufacturers to continue the Agricultural Research Service; and $1.5 This bill is a good bill. It provides as- charging higher prices for medicine to our Na- billion ($84 million less than requested) for the sistance for dairy farmers, $1.6 billion tion’s elderly who so desperately need relief. Rural Housing Service. It also provides the ad- in crop losses for all farms all across Under this legislation the drug companies will ministration’s request of $973 million for the the country. All farmers are going to be allowed to continue to market the same PL–480 Food for Peace Program. benefit from it. drugs that Americans have to pay higher In addition, the measure modifies the eligi- So if my colleagues are going to vote prices for under different names in Mexico and bility rules regarding automobile ownership for this bill, as I am, vote for it for the Canada. Further, there is language in this bill, and monthly housing costs for food stamp re- agriculture and the rural development which will allow drug companies to restrict the cipients. Current law prohibits food stamp re- provisions in the bill, all of which are marketing of these drugs under their cheaper cipients from owning a car worth more than exemplary and good. Do not vote for it names back here in the United States. Once $4,650 or paying monthly housing costs of for the provision on prescription drugs. again the American public is being told that more than $275. Under the agreement, States Because the prescription drug provi- Congress is responding to the problem of the could set their own caps for the vehicle allow- sion in this bill is a shell, it is a fake, high cost of prescription drugs in this country, ance and gradually raise the housing cap over it is a sham. It will not provide pre- but yet again there is a loophole for the con- 5 years to $340 per month. scription drugs at reduced prices for sumer to fall through. This Congress should I would like to thank the conferees that any American anywhere. It is designed not abdicate its responsibility to offer financial worked on this conference report. However, I precisely in that way, to prevent any relief to the millions of elderly Americans who will vote ‘‘no’’ on the rule because of several consideration to reduce prices of phar- have to choose each month between paying failings in the bill and I will reluctantly vote maceuticals imported from Canada or their bills, purchasing food, paying rent, or ‘‘yes’’ on the legislation. anywhere else because the bill fails to buying vital medicine. Mr. SKEEN. Mr. Speaker, I reserve recognize the ability of the pharma- I would like to acknowledge that this con- the balance of my time. ceutical companies to insert language ference does include as much as $3.4 million Ms. KAPTUR. Mr. Speaker, I yield that will prevent that from happening. of the $6.8 million I requested be set aside for 21⁄2 minutes to the gentleman from New b 1630 the 1890 Land Grant Colleges, which also in- York (Mr. HINCHEY) the sponsor of the cludes many of our Nation’s Historically Black key amendment that would have pre- This is a good bill in many respects. Colleges and Universities, for research activ- vented drug companies from discrimi- However, it leaves to the next Congress ity. Historically these institutions of higher nating against U.S. importers and the necessity to deal with the issue of learning received marginal increases and have would have ensured that U.S. import- the high cost of prescription drugs in been level funded for the last 5 years. The ers could purchase drugs on the same America. amendment will increase research activities by terms and conditions as foreign pur- Ms. KAPTUR. Mr. Speaker, I yield $4 million and extension activities by $2.8 mil- chasers. myself the balance of my time. lion for the 1890’s land grant institutions. This Mr. HINCHEY. Mr. Speaker, first of I just wanted to end by pointing out $6.8 million increase will be deducted from the all, I want to express my profound ap- an important clarification here. The Agricultural Research Service (ARS) funding preciation to the gentleman from New gentlewoman from Missouri indicated included in the bill. Mexico (Mr. SKEEN), the chairman of there was a Supreme Court case or an I had hoped that the conference committee the subcommittee, for the work that he appeals court case and inferred that it members would have deemed it more than has done and the leadership that he has supported her point of view. reasonable to fund this area to the full $6.8 provided on this initiative, along with Let me say that the Supreme Court million that was requested. Given the fact that the gentlewoman from Ohio (Ms. KAP- declined to review the SmithKline case

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.001 H11OC0 22220 CONGRESSIONAL RECORD—HOUSE October 11, 2000 so the appeals court stands. If the law relating to Iran and other nations on the list of and countervailing duty laws with potentially requires you to use labels, you must. terrorist nations. We should, in my view, not disastrous consequences. Under current law, And that is exactly what the Demo- be modifying our present policies toward Iran antidumping or countervailing duties are as- cratic amendment required, exactly and Libya where we have in place a de facto sessed to offset the dumping or subsidy and what the Waxman amendment re- prohibition against government credit for our paid to the U.S. Treasury. Payment of the du- quired, exactly what the DeLauro exports to those countries. ties readjusts the market to replicate condi- amendment required in the sub- The waiver on the prohibition on financing tions as if dumping or subsidization had not committee markup. for commercial exports to Iran, Libya, North occurred. The theory behind this law is to level Mr. SKEEN. Mr. Speaker, I yield 30 Korea or Sudan for national security purposes the playing field between U.S. producers and seconds to the gentlewoman from Mis- is, in my view, overly broad. Next year, we foreign importers so that each may compete souri (Mrs. EMERSON). need to revisit this issue so we can ensure fairly for access to U.S. consumers. The provi- Mrs. EMERSON. Mr. Speaker, the that the U.S. Taxpayer is not supporting com- sion inserted into the Agriculture Appropria- judge said that they hold that the mercial exports to terrorist countries, unless tions bill does much more—it double com- Hatch-Waxman amendments that al- there are urgent humanitarian reasons to do pensates the petitioner by no only offsetting ready exist to the Food, Drug and Cos- so. the alleged injury, but also providing a windfall metic Act require the labeling be used, We also need to clarify that in providing li- subsidy to the petitioner. be given by the drug manufacturer to censes for the export of goods or services to This provision will encourage other countries the generic which means then, or to countries promoting international terrorism to adopt a similar industry subsidy. U.S. ex- the reimporter in our particular case, under the current guidelines of the Department porters facing dumping duties will end up di- and that it is not an infringement of of the Treasury, we should keep the proce- rectly subsidizing their competitors instead of copyright liability and, therefore, the dures in place for the denial of each and every paying duties to a foreign government. Be- drug company will have to provide the license for any export to a person or group cause U.S. companies are the biggest targets labeling under the discretion of the found to be promoting acts of international ter- of AD/CVD actions, this threatens our exports. FDA. The FDA has broad discretion in rorism. this area and, therefore, all of that is Mr. KOLBE. Mr. Speaker, I believe overall Subsidization of industry by any government covered in the language that exists in that the Agriculture Appropriations Conference which is a member of the World Trade Organi- the bill that we are about to vote to report is a very good bill. It contains many ad- zation violates the WTO Agreement on Sub- pass. mirable provisions including language that sidies on Countervailing Measures. The U.S. Mr. SKEEN. Mr. Speaker, I yield my- would allow the reimportation of prescription Government supported this Agreement be- self such time as I may consume. drugs. Data shows that a single does of a cause we sought to eliminate foreign subsidies Mr. Speaker, we have heard a good drug that costs a senior citizen $1 in the which undercut the ability of U.S. industry to deal about what the bill does do and United States only cost 64 cents in Canada, compete abroad. Payment of AD/CVD duties does not do in terms of two provisions, while in Italy the same drug costs only 51 violates the Agreement which could lead to re- prescription drug reimportation and cents. I support drug reimportation—I am con- taliatory tariffs against innocent U.S. exporters. trade sanctions. I would like to remind vinced this is one way to reduce the cost of The lure of a potential monetary windfall my colleagues that both of these issues prescription drug prices without imposing price could spur additional litigation under our AD/ more properly belong in an authoriza- controls or burdensome regulations on drug CVD laws. In order to be eligible for the poten- tion bill, not appropriations. But they manufacturers. Indeed, I voted in favor of tial windfall, U.S. industry would be encour- are here in our bill and represent some these provisions when the Agriculture Appro- aged to join in the filing of AD/CVD petitions. progress in helping our senior citizens priations bill first passed the House and I am Otherwise, they would not be eligible for any get affordable medicines and helping a cosponsor of H.R. 1885, the International payments which might be made under this our farmers and ranchers sell more of Prescription Drug Parity Act, which contains new provision. Furthermore, the promise of their products. That is a great mar- many similar provisions. monetary compensation would take away any riage. Also included is funding for a number of ini- incentive to enter into ‘‘suspension agree- If Members want to criticize this bill tiatives which I strongly favor, including $1.5 ments’’ or settlements whereby a foreign pro- for what is not there, then I would re- million for pink bollworm control programs, ducer agrees not to sell below an agreed price mind them that this bill also does not $500,000 for aflatoxin research in Arizona. $5 in an antidumping case. More cases means have campaign finance reform, it does million for the Water conservation and West- more duties, on the backs of this U.S. indus- not have managed health care reform, ern Cotton Laboratory move from Phoenix to tries which depend on steady supplies of prod- and it does not guarantee peace in the the University of Arizona’s Maricopa Agri- ucts which may subject to AD/CVD. Middle East. What this bill does, culture Center (MAC), $495,000 for the Inter- Because of the serious implications of this among other things, is improve our en- national Arid Lands Consortium (administered ill-considered provision, I am reluctantly voting vironmental and water resources, pro- by UA), $369,000 for the Southwest Consor- against the Agriculture Appropriations con- vide food and nutrition for the vulner- tium for Plant Genetics and Water Resources, ference report. able in our society, protect our food $200,000 for hesperaloe and other natural and medical supplies, and keep our sys- products from desert plants research (con- Mr. BLUMENAUER. Mr. Speaker, I reluc- tem of agriculture the best and the ducted by UA), and $4,177,000 for shrimp tantly voted against this bill though there is strongest in the world. aquaculture research. And I voted for a bill much in it that merits support. However, the Oddly enough, that is what this ap- which contains these provisions when it benefits accorded to farmers in this bill are propriations bill is supposed to do. passed the House on July 11, 2000. disproportionately skewed to large operations, That is why every Member of this body However, during conference deliberations not to smaller-scale, family farms. If people should recognize the good that this bill on the Agriculture Appropriations bill, an want to step back and provide benefits for will do for their constituents and vote amendment was inserted into the bill that was small farms, I will be the first to look at ways ‘‘aye.’’ not considered by an committee in either the that we can do that in a cooperative fashion. Mr. GILMAN. Mr. Speaker, while I am trou- House or Senate. This provision has serious But this bill is not targeted. We continue to bled by the failure of this measure to include repercussions for U.S. industry. Because of pour unprecedented sums to agriculture with- funding for the disaster that befell our onion my strong opposition to this provision, I will re- out addressing the apparent failure of the so- farmers in 1999, I will support this measure luctantly vote against this bill today. called ‘‘Freedom to Farm’’ bill. because it provides vitally important assist- Under the amendment adopted in the Agri- Several provisions illustrate the lost opportu- ance to many farmers, growers of speciality culture Appropriations conference report, anti- nities. We missed an opportunity with Cuba in crops and dairy farmers as well as the agricul- dumping and countervailing duties which are this bill. We successfully trade with China. tural communities in my district. currently paid by the importing industry would Why can’t we pursue a rational trade policy I would also like to express my concerns be transferred from the U.S. Treasury Depart- with Cuba? Cuba trade will hasten the depar- over provisions in this bill in the Trade Sanc- ment directly in the petitioning company. This ture of Fidel Castro, leader of one of the last tions Reform and Export Enhancement Title is a major change in our current antidumping remaining bastions of communism.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22221 There is a rider for the sugar industry buried enactment, but I regret the failure of the con- of U.S. foods and medicines to these nations. in this conference report that subverts the re- ferees to abide by the will voted by this body But, if you weight the pros and cons of the form the 1996 Freedom to Farm bill was sup- in June. In the future, I hope they will be more sales versus travel, I don’t think this agree- posed to usher in. It will do nothing to change respectful of the decisions made by commu- ment passes the common sense test. Let’s the $352 million in loan defaults taxpayers are nities in other Member’s districts. look at the four other nations this agreement paying this year, no GAO’s estimated $1.9 bil- Mr. SANFORD. Mr. Speaker, today, I rise in permits sales to, North Korea, Iran, Sudan, lion cost of the sugar program to consumers. opposition to H.R. 4461, to FY 2001 Agri- and Libya. As pointed out in an October 1 editorial in culture Appropriations Conference Report. I American citizens are permitted to travel to the Washington Post, the drug reimportation oppose this bill for a few different reasons, but North Korea and Sudan. North Korea is devel- language in this bill is unlikely to do much to right now I would like to talk about just one. oping missiles believed to be capable of deliv- address the problem of affordability of pre- Interestingly, this reason has nothing to do ering nuclear warheads. After North Korea test scription drugs. The five-year time limit on the with farming, but rather the issue of an Amer- fired a three stage rocket in 1998, U.S. intel- bill will significantly minimize the effectiveness ican citizens ability to travel to Cuba. ligence estimates reported that such a missile of this token effort to address the skyrocketing Mr. Speaker, I opposed today’s bill because would have the range to reach Alaska and cost of pharmaceuticals. These narrow provi- of the agreement regarding the sales of food Guam. sions won’t have the impact for our seniors and medicine to Cuba, Libya, North Korea, The State Department has reported that that real solutions to the prescription drug cri- Iran, and Sudan. The agreement permits the Sudan ‘‘continued to serve as a refuge, nexus, sis world have. sale of food and medicine, but also codifies and training hub for a number of international This bill does not do enough to address the the current restrictions regarding the American terrorist organizations.’’ Additionally, the Suda- serious problem of hunger in the United citizens ability to travel to Cuba. nese government continues to force its own States. Even in this time of unprecedented I oppose this agreement for three reasons. citizens into slavery for opposing the govern- prosperity, many families are hungry. Oregon Number one is procedure. On July 20th of this ment’s ‘‘holy war.’’ has one of the highest rates of hunger in the year, I offered an amendment that would have Presently, State Department regulations pro- nation. Yet, the conference report provides prohibited funding for the enforcement of trav- hibit U.S. citizens from traveling to Iran and less funding to food stamp programs, less el restrictions. Essentially, lifting the travel re- Libya, but these two countries were still given funding to school breakfast and lunch pro- strictions. The amendment passed the House perferentional treatment compared to Cuba. grams, and less funding to the WIC programs by a vote of 232 to 186, but unfortunately the Iran and Libya will be given access to U.S. than what was originally allocated in the amendment was stripped out of the Treasury- credit programs, whereas Cuba will not. House and Senate versions of this bill. Postal Appropriations bill. This agreement Even though the Administration proliferation We can do better. would do just the opposite of what the majority reports released this August assert that Iran is Mrs. KELLY. Mr. Speaker, I rise to being at- of the House supported. By codifying the ‘‘one of the most active countries seeking to tention to one of the concerns I have with this present travel restrictions, it prohibits this acquire weapons of mass destruction and ad- bill. To be specific, I was very troubled to find President or any future President from making vanced conventional weapons,’’ assisted pri- that the conference report being considered changes to the current travel regulations. marily by Russia, China, and North Korea. today includes language which restricts fund- Therefore making it more difficult for Ameri- And Libya was early this year accused by the ing for the American Heritage Rivers Initiative cans to travel to Cuba in the future. United Kingdom of smuggling Chinese Scud (AHRI). This point is significant, Mr. Speaker, be- missile parts through Gatwick airport, and who When this bill first came to the floor in June, cause it has not historically been our nations the U.S. Department of Defense accused of it included language which prohibited funding policy to restrict travel. Actually, our policy has receiving missile technology training from for the Natural Resources Conservation serv- been just the opposite. Whether it was South China. ice (NRCS) from being used for the American Africa during apartheid, the Soviet Union After reviewing these facts, I have to ask Heritage Rivers Initiative. I offered an amend- under Communism or the People’s Republic of does it make sense for this Congress to sup- ment to strike this language out, and it was China today, our nation has consistently en- port doing business with these nations at the adopted with unanimous support from this couraged the notion that person to person di- cost of infringing on the rights of American citi- body. plomacy was in our national interest. zens to travel? I don’t think it does. Therefore, In light of this body’s support for my amend- Number two, the Fifth Amendment of the Mr. Speaker I will be voting against today’s ment—and the fact that no such similar lan- Constitution protects an American citizen’s bill. guage was in the bill passed by the other right to travel. In 1956, the Supreme Court first Mr. WATTS of Oklahoma. Mr. Speaker, I body—it is difficult to understand why the con- affirmed this right in Kent v. Dulles. The court rise in support of H.R. 4461, the FY2001 Agri- ferees found it appropriate to include the re- stated, ‘‘An American who has crossed the culture Appropriations Act. I would like to strictive language in the conference report. As ocean is not obliged to form his opinion about thank Chairman SKEEN and the members of I have noted on the floor in the past, I under- our foreign policy merely from what he is told the Subcommittee for their leadership in draft- stand that some enmity exists for the Amer- by officials of our government or by a few cor- ing this legislation and I rise in strong support ican Heritage Rivers Initiative by those who respondents of American newspapers. More- of its passage. feel that the initiative represents an intrusion over, his views domestic questions are en- Included in this bill is significant funding for of the federal government into local affairs. riched by seeing how foreigners are trying to the boll weevil eradication program. Boll wee- Though I’m confident that an examination of solve similar problems. In many different ways vil eradication has been a federally sponsored AHRI’s record will show that their concerns direct contract with other countries contributes initiative for the last twenty-five years which are entirely unfounded, I will not attempt to to sounder decisions at home.’’ has successfully eradicated the cotton pest dissuade my colleagues from their opinion. In 1965, the Supreme Court heard the case from many states. The remaining states with These Members had the opportunity to pro- of Zemel v. Rusk. The case specifically ad- on-going eradication programs include New tect their communities from this phantom dressed the question of travel to Cuba. In Mexico, Oklahoma, Texas, Louisiana, Arkan- threat when the initiative was implemented, Zemel v. Rusk, the Court again ruled that the sas, Mississippi and Tennessee. While all having been given the power to veto the in- right to travel is guaranteed in the fifth amend- these states do receive some direct federal volvement of their districts in AHRI. I would ment. But the Court went on to find that the grants, it is nowhere near the percentage re- like to remind my colleagues that the only restriction on travel to Cuba was constitutional ceived by those states where the eradication communities which remain in the initiative are because it was supported by the ‘‘weightiest program has already been completed. Instead, the ones which have actively chosen to partici- consideration of national security.’’ However, our states are required to call upon cotton pate, including communities in my district, and according to a U.S. Defense Intelligence growers in the State to self-finance the cost of so I resent these actions undertaken by Mem- Agency report issued on May 5, 1998, Cuba most of the eradication program. The federal bers—behind closed doors—which certainly is no longer a military threat to the United government’s percentage of support for these will have a negative effect only on commu- States.’’ programs has steadily declined over the last nities other than their own. Number three, I believe we should look the few years and today, the federal contribution I will support this bill only because so many issues of fairness and severity. Let me say is only a few percentage points of the cost of important programs stand to benefit from its that I do support the idea of permitting sales the overall program. In lieu of direct federal

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.002 H11OC0 22222 CONGRESSIONAL RECORD—HOUSE October 11, 2000 grants, the Congress has provided these re- REAP extends its outreach to the parents facilities and confiscating counterfeit bulk maining states with access to low interest and community members by means of pro- drugs that enter the U.S. According to a DEA USDA loans, some grant money, and ‘‘in-kind’’ grams, forums and opportunities to chaperone agent, 25% of the drugs coming across the federal assistance. In most instances, the student activities. The program encourages U.S./Mexico border are counterfeit and a ma- state governments have been required to this participation in the hope that the adults jority of the remaining 75% are not from FDA ‘‘step up to the plate’’ and provide significant will become better informed, more involved approved sources. If those agencies are hav- financial support to replace the lost federal and more supportive of the reasonable and ing a difficult time with PDMA in place, I dread aid. achievable aspirations of their young people. to see what will happen after Congress de- In Oklahoma, our state legislature created REAP exemplifies a model that can be eas- stroys PDMA with this reimportation language. the Oklahoma Boll Weevil Eradication Organi- ily replicated. It is a program of vision, partner- The bottom line in this issue is consumer zation, or OBWEO, as a state agency in 1993 ships and commitment that is timeless in focus safety. When my constituents in the 5th Dis- to coordinate the state-wide effort. In 1995, and limited only by the parameters of the trict of North Carolina go to their neighborhood the legislature amended the powers of the imagination. Field trips to areas in my district pharmacy to pick up their prescriptions, they OBWEO to enhance its financial capabilities in Southwest Oklahoma have ignited great in- should not have to think about the quality of so that OBWEO could apply for and receive terest in expanding the program into this area the drugs they are purchasing. I did not spend USDA low-interest loans, as well as issuing of our state. Parents and teachers in Lawton, two years modernizing the Food and Drug Ad- state bonds, the interest from which would be Altus, Frederick and Tipton, assure me that ministration to sit back and allow my constitu- exempt from federal income tax. Shortly there- there is a great need for REAP in our area of ents to worry about counterfeit drugs entering after, OBWEO organized the State’s growers the State where limited financial resources the U.S. and began its eradication efforts. have precluded service. There is also an issue of cost within this re- Unfortunately, neither of the two financial Mr. Speaker, REAP is an important program importation debate. Members of Congress tools with which OBWEO was equipped which could be used as a model for similar who support reimportation believe that this proved to be useful. Due to quirks in USDA programs in other states. This program is vital change in law will provide Americans with loan regulations, OBWEO has never been eli- to the further development of rural America. I cheaper pharmaceutical drugs. Unfortunately, gible for USDA loans. Moreover, OBWEO has am honored to have the opportunity to play a there is no guarantee that reimportation will not been able to issue federal tax-exempt role in furthering the efforts of this very impor- save Americans money. bonds because of a restriction in the Internal tant program. First of all, the FDA is asking for at least Revenue Code regarding ‘‘private activity The bill also includes $3.5 billion for emer- $23 million to start implementing the re- bonds’’. The inability of OBWEO to use the gency assistance to farmers and ranchers who importation provision. Most likely that $23 mil- tax-exempt feature has resulted in additional have suffered economic losses associated lion will grow to $60 or $90 million very quick- interest costs as well. All told, OBWEO has with weather-related yield and/or quality ly. A witness from the U.S. Customs Service seen its financing costs increase by almost $2 losses. This alone will not address all the dis- testified at the most recent Commerce O&I million, which is a tremendous amount in light aster assistance needs of our producers. For Subcommittee hearing that the Customs Serv- of a total program cost of just under $17 mil- instance, in Oklahoma alone, the damage ice would also need additional money to patrol lion. In other words, OBWEO is experiencing from the summer drought and wildfires is esti- the reimported drug shipments. a more than 15% program cost over-run be- mated at over $1 billion. However, this is a Second, there is no mandate in this legisla- cause it cannot get access to loan programs step in the right direction to providing much- tion that wholesalers and pharmacists have to available to other states. needed assistance for our farmers and ranch- pass the savings from reimported drugs onto This bill takes the necessary steps to get ers. U.S. consumers. Various middlemen, both in the eradication program in Oklahoma back on Mr. Speaker, I rise today in strong support the U.S. and abroad, will take in the profits, track with that in other states. Furthermore, it of this bill and ask my colleagues to join me while consumers will bear the risk. Today, provides the necessary resources for the cot- in supporting our nation’s farmers and ranch- Internet sales remove the middlemen, but not ton producers nationwide to implement ag- ers by casting their vote in favor of H.R. 4461. the risk. gressive, successful eradication programs to Mr. BURR of North Carolina. Mr. Speaker, I The Energy and Commerce Committee lead rid their crops of these destructive pests. am pleased that many of the agriculture needs by Chairman DINGELL pointed out that re- Other benefits for the cotton producers across of the U.S. are covered in this legislation, yet importation may not always translate into the country include an increase in the limita- I need to express my concerns with the re- lower priced drugs for consumers. On July 10, tion on Loan Deficiency Payments (LDPs) and importation provision. 1985, Chairman DINGELL said, ‘‘To those of Market Loan Gains (MLGs) to $150,000 for It is important to remember why the Pre- you who would have us believe that prescrip- 2000 crops of cotton, grains and oilseeds, $78 scription Drug Marketing Act of 1988 (PDMA) tion drug diversion is just another way to give million for the federal cost share contribution was enacted in the first place. At the time, the consumer a price break, I say, look about to boll weevil eradication, and $100 million in there was considerable evidence that counter- you. These are not counterfeit tee shirts or lending authority for the eradication program. feit and otherwise adulterated drugs were en- counterfeit Gucci handbags. No consumer can Also included in this bill is funding for the tering U.S. commerce from abroad. After a possibly weigh the risk involved in the pur- Retired Educators for Agricultural Programs, lengthy investigation, the Commerce Com- chase of medicine which has not been prop- or REAP. REAP is an organization which was mittee concluded that greater restrictions on erly stored, or which has been shipped outside established in 1994 to address the diminishing pharmaceutical imports into the U.S. were es- channels of commerce where it is properly numbers of African American agricultural edu- sential to protect the safety of American pa- protected with law.’’ cation teachers in Oklahoma and the scarcity tients and the integrity of the U.S. drug supply. Americans’ trust of Congress will quickly of African American youth enrolled in voca- In response, a bipartisan Congress enacted erode when cost savings are not found tional agriculture and programs such as the PDMA. through reimportation and people become ill Future Farmers of America. Initially, REAP PDMA was designed to (1) prevent the in- and possibly die due to imported and re- was operating in five counties in Oklahoma. It troduction of prescription drugs that may have imported drugs that are counterfeit or adulter- has since begun to operate in other areas been improperly stored, handled, and shipped ated. throughout the State. overseas, and (2) reduce the opportunities for The reimportation language contained in this The mission of REAP is to build a founda- importation of counterfeit and unapproved pre- legislation not only affects the quality of drugs tion that promotes personal and economic op- scription drugs. entering the U.S. but it also poses a large portunities in agriculture for African American As Vice Chairman of the Commerce Over- threat to international commerce. At the last youth through project development and part- sight and Investigations (O&I) Subcommittee, I minute, several members of Congress pushed nerships with educational and other commu- have participated in two hearings on the im- for language that interferes with contracts be- nity resources. One of the primary goals of portation of counterfeit bulk drugs. Currently, tween American manufacturers and foreign REAP is to emphasize citizenship, economic even with PDMA, the Food and Drug Adminis- countries/wholesalers. That language is un- development, leadership and scholarship to tration (FDA), Department of Justice, and U.S. constitutional based on the Fifth Amendment the African American youth involved in the Customs Service are having a very difficult to the U.S. Constitution: ‘‘nor shall private program. time inspecting overseas drug manufacturing property be taken for public use without just

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22223 compensation.’’ There have been several suspicious drugs at a U.S. port of entry. In the Finally, permitting the importation to the court decisions that uphold the rights of patent letter, the FDA reassures Congress that they U.S. of products sold abroad where prices are owners and manufacturers to decide to whom could internally address the issu eof personal not determined by market forces sets a ter- use letters to seniors. There is no good rea- rible precedent. Again, I urge your timely they sell their products. The contract language intervention and I urge you and your col- contained in this legislation clearly contradicts son why Representative GUTKNECHT’s bill is leagues to reject the drug reimportation pro- those court decisions. attached to this legislation. visions generally and the modified Waxman On June 28, 2000, the House passed H.R. In conclusion, I am deeply concerned about proposal particularly. 4680, legislation that would provide Medicare the safety and efficacy of the drugs that will fill Sincerely, beneficiaries with comprehensive, high quality, Americans’ medicine cabinets if this legislation TOM. and affordable drug coverage. I am pleased to passes. For decades, the U.S. has set the be an author of that legislation. I agree that highest standard in the world for quality pre- NATIONAL ASSOCIATION American consumers should have access to scription drugs. Becasue of this high standard, OF MANUFACTURERS, October 4, 2000. low priced pharmaceuticals, but the best way the U.S. is home to the discovery and manu- facturing of the most innovative new therapies Hon. J. DENNIS HASTERT, to that access is through drug coverage, not Speaker, U.S. House of Representatives, Wash- reimportation. in this world. If Congress passes this legisla- ington, DC. Dr. Jere Goyan, former FDA Commissioner tion, we will be destroying the safety and effi- DEAR MR. SPEAKER: I write to urgently under Jimmy Carter, summarized this issue cacy of drugs consumed by our constituents. draw your attention to a pending amend- well: ‘‘I respect the motivation of the members We will also be giving pharmaceutical compa- ment offered by Rep. Henry Waxman to the of Congress who support this [reimportation] nies every reason to pull their headquarters prescription drug reimportation language legislation. They are reading, as am I, stories and manufacturing plants out of the U.S. and contained in the Agriculture Appropriations about high prescription drug prices and people into countries with lower labor and manufac- bill (H.R. 4461) currently in conference. The turing costs. Why some members of Congress NAM strenuously opposes this amendment, who are unable to pay for the drugs they which should be promptly rejected. need. But the solution to this problem lies in want to both expose Americans to counterfeit The NAM has been greatly concerned by better insurance coverage for people who and adulterated drugs and drive industry out the drug reimportation provisions that pre- need prescription drugs, not in threatening the of the U.S. is truly beyond me. It is for these viously passed the House and Senate—seeing quality of medicines for all of us.’’ reasons that I would vote against the Agri- a great threat to consumer safety. These I am pleased that adherence to the FDA’s culture Appropriations Conference Report. provisions have been improved by their em- gold standard, Section 505 of the Food, Drug, I submit the following items to be entered phasis on the Senate-passed provisions and and Cosmetic Act, has been placed into the into the RECORD. with the addition of greater consumer safe- guards. The resulting language—though still reimportation language. Initially, some mem- 1. Letters opposing reimportation from the Chamber of Commerce, National Association more than the NAM can support—is a more bers of Congress wanted to create a second, reasonable approach to this popular issue. less-restrictive standard for pharmaceuticals of Manufacturers, National Mental Health As- sociation, National Multiple Sclerosis Society, The Waxman ‘‘non-discrimination’’ amend- entering the U.S. By specifically mandating ment is wholly inconsistent with the revised ALS Association, Cystic Fibrosis Foundation, that all drugs imported and reimported into the reimportation language and far more dan- Kidney Cancer Association, Log Cabin AIDS U.S. must pass Section 505 standards, Con- gerous in its own right. What precedent Policy Institute, National Prostrate Cancer Co- gress is establishing an important hurdle for would Congress set for other industries by alition, Pancreatic Cancer Action Network, Pul- wholesalers and pharmacists to overcome. requiring American pharmaceutical manu- monary Hypertension Association, Society for facturers to sell to any foreign wholesaler? Unfortunately, I do not think that the FDA Women’s Health Research, Allergy and Asth- Patient safety would be compromised by the and Customs will be able to check all of the ma Network Mothers of Asthmatics, and diminution of domestic supplies and endan- paperwork to ensure that the drugs have been 2. A Sept. 20, 2000 letter from Representa- gered by the prospect of sales to unscrupu- tested and that they passed Section 505 lous or fly-by-night foreign wholesalers. tive BURR, Representative TAUZIN, Represent- standards. Counterfeit paperwork is easier to We are also troubled that the Waxman lan- ative GREENWOOD, Representative OXLEY, produce than counterfeit drugs. guage would criminalize manufacturers’ fail- REPRESENTATIVE PICKERING, and Representa- Although I have used the term ‘‘reimporta- ure to sell to any foreign wholesaler. The tive EHRLICH to Members of the House and tion’’ throughout this statement, please under- criminal provisions in the reimportation lan- Senate Agriculture Appropriations Subcommit- guage are appropriately intended to deter stand that Congress is not just talking about tees. counterfeiting and were never intended to reimporting drugs. We are also talking about address the business decision of a manufac- importing drugs. ‘‘Reimported drugs’’ are man- CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, turer determining where to sell its products. ufactured in U.S. quality controlled facilities, Washington, DC, October 4, 2000. Again, the NAM urgently requests your as- shipped for sale overseas, and imported back Hon. TRENT LOTT, sistance in defeating the Waxman amend- into the U.S. ‘‘Imported drugs’’ are made over- Majority Leader, ment. seas in manufacturing plants that may never U.S. Senate, Washington, DC. Sincerely, be inspected by the FDA, shipped to a foreign DEAR MR. MAJORITY LEADER: The U.S. MICHAEL E. BAROODY. county with pill colors, shapes, and labeling for Chamber of Commerce, the world’s largest NATIONAL MENTAL HEALTH that country, and then imported into the U.S. business federation, representing more than three million businesses and organizations of ASSOCIATION, by U.S. wholesalers and pharmacists. This every size, sector and region, strongly op- Alexandria, VA, August 31, 2000. language will allow imported drugs into the poses legislation that would require Amer- Hon. THAD COCHRAN, U.S. ican manufacturers to sell unlimited quan- Chairman, Senate Agriculture, Rural Develop- I hope that both national and internatonal tities of prescription drug products to any ment, and Related Agencies Subcommittee, AIDS groups realize that this language will foreign wholesaler. I urge your personal Washington, DC. stop pharmaceutical companies from selling intervention in this very serious matter. DEAR CHAIRMAN COCHRAN: As head of the AIDS medications to foreign countries at I urge you to reject these so-called ‘‘non- nation’s largest and oldest advocacy organi- zation representing millions of individuals greatly reduced prices because the bill does discrimination’’ provisions proposed by Con- gressman HENRY WAXMAN which have been with mental illness across the country, I am not prevent those medications from re-entering slightly modified for inclusion in the agri- writing to you regarding the need to main- the stream of commerce with great financial cultural appropriations conference report as tain meaningful safety standards for phar- gian to foreign countries and huge financial they would set a harmful precedent for all maceutical products. This past session of losses to pharmaceutical companies. U.S. businesses and industries. Congress has witnessed unprecedented inter- The last section of the reimportation lan- These modified ‘‘non-discrimination’’ pro- est in prescription medicines. I wish to ex- guage is a bill by Representative GUTKNECHT. visions would pose a significant threat to press my concern regarding a couple of the The FDA reviewed this legislation and, in a current commerce and international busi- measures that have been advanced in the ness practices by attacking manufacturers’ House and Senate Agriculture Appropria- letter to Representative DINGELL, expressed ability to freely contract. Furthermore, tions Bills. opposition to the vagueness of the bill’s lan- there has not been a single hearing to study In the House, the Crowley and the Coburn guage. Because the term ‘‘warning notice’’ is the total impact of these provisions on busi- amendments, restricting funds for use in en- so poorly defined, the bill will cripple the ness operations including the creation of forcement of the importation and re-impor- FDA’s ability to contact any importer that has jobs, as well as the U.S. economy. tation provisions of the Prescription Drug

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 22224 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Marketing Act (PDMA), section 801(d)(1), ‘‘unacceptably flawed’’ and said they would well as we and ours, will all be faced with could substantially increase risks to Ameri- ‘‘severely restrict the (FDA’s) authority to this risk. It is not worth the price. cans who rely on prescription medicines. enforce the law that allows only manufactur- Respectfully submitted, Similarly, the Jeffords amendment, perma- ers to re-import drugs.’’ When asked to com- Stevan Gibson, The ALS Association; Su- nently restricting the Food and Drug Admin- ment on the effect of these amendments, the zanne Pattee, JD, Cystic Fibrosis istration’s ability to regulate pharma- FDA replied: Foundation; Carl F. Dixon, Kidney ceutical importation, could also place Amer- ‘‘These amendments will likely encourage Cancer Association; James Driscoll, ican consumers at risk. While our organiza- the very sources of adulterated, misbranded Log Cabin AIDS Policy Institute; Rich- tion is supportive of affordable pharma- and unapproved drugs that were cut off by ard N. Atkins, MD, National Prostate ceuticals for all Americans, we are troubled section 801(d)(1) (of PDMA), to begin shipping Cancer Coalition; Julie Fleshman, Pan- by the potential risks that come with the as- again. FDA, with its limited resources, creatic Cancer Action Network; Rino sumed savings, especially since there are no would be extremely hard-pressed to do the Aldrighett, Pulmonary Hypertension guarantees provided in these amendments investigative work necessary to discover and Association; and Phyllis Greenberger, that the savings would even be passed on to stop these new sources of potentially harm- Society for Women’s Health Research. the consumers. ful products.’’ In its statement regarding the impact of ALLERGY AND ASTHMA NETWORK, People with multiple sclerosis, as well as these amendments on prescription drug safe- MOTHERS OF ASTHMATICS INC., people with other chronic diseases, rely ty, the Food and Drug Administration issued Fairfax, VA, September 20, 2000. heavily upon pharmaceutical products, in- this caution: Hon. THAD COCHRAN, cluding highly complex biological medica- ‘‘These amendments will likely encourage Chairman, Senate Agriculture, Rural Develop- tions, to fight their diseases and continue to the very sources of adulterated, misbranded ment and Related Agencies Subcommittee, lead active lives. These products must be and unapproved drugs that were cut off by Washington, DC. carefully monitored for safety and consist- section 801(d)(1), to begin shipping again. DEAR CHAIRMAN COCHRAN: I am writing to ency throughout their production, storage FDA, with its limited resources, would be ex- you to advise you of our opposition to drug and delivery to the patient to ensure safety tremely hard-pressed to do the investigative importation schemes, such as those com- and full efficacy. work necessary to discover and stop these monly known as ‘‘The Coburn Amendment’’ new sources of potential harmful products.’’ The National Multiple Sclerosis Society, and ‘‘The Crowley Amendment’’ (both in the As the Conference Committee proceeds established in 1946, is dedicated to ending the U.S. House of Representatives) and ‘‘The Jef- with its final deliberations on the Agri- devastating effects of multiple sclerosis. fords Amendment’’ (in the U.S. Senate). culture Appropriations Bill, I ask that you Multiple sclerosis is an often progressive, de- We fear that these amendments will under- carefully weigh these risks that the Amer- generative disease of the central nervous mine FDA safety protections which could ican public might be incurring compared to system that affects one-third of a million greatly increase risks to American patients the real dollar savings that might be real- Americans. Multiple sclerosis is unpredict- who will be exposed to counterfeit, ized. On behalf of our 340 affiliates nation- able in its course, and can have a dev- mismeasured or adulterated pharma- wide, I want to thank you for addressing the astating medical, personal and financial im- ceuticals. Allergy and Asthma Network—Mothers of delicate issues of prescription drug pricing pact on the people it affects. With over Asthmatics, Inc. believe that full and open and safety regulation. I look forward to 600,000 members, National Multiple Sclerosis public hearings involving all the stake- working with you in the future as Congress Society is the world’s largest voluntary holders, must be held prior to adoption of continues this debate. health agency devoted tot he concerns of any scheme which puts the integrity of the Sincerely, those affected by multiple sclerosis. U.S. pharmaceutical supply at risk. If you have any questions regarding this MICHAEL M. FAENZA, M.S.S.W., I respectfully request that any action on matter, please contact our Public Policy Of- President & CEO. these proposals be deferred until full and fice at (202) 408–1500. complete hearings are held. Sincerely, NATIONAL MULTIPLE Sincerely, MIKE DUGAN, SCLEROSIS SOCIETY, NANCY SANDER, General, USAF, Ret., President and CEO. New York, NY, September 27, 2000. President. Hon. JOE SKEEN, U.S. House of Representatives, SEPTEMBER 5, 2000. CONGRESS OF THE UNITED STATES, Washington, DC. To: Members of the House-Senate Conference Washington, DC, September 20, 2000. DEAR CHAIRMAN SKEEN: I am writing to ex- Committee on the Agriculture Appropria- DEAR MEMBERS OF THE HOUSE AND SENATE press the National Multiple Sclerosis Soci- tions Bill: AGRICULTURE APPROPRIATIONS SUBCOMMIT- ety’s concern about legislation that could We, the undersigned patient and survivor TEES: As Members of the House Commerce lead to the importation of unsafe drugs into organizations, are writing to urge you to op- Committee, we are writing to express our our country. Earlier this year the House and pose any drug importation or reimportation concern over the amendments relating to Senate approved provisions that would weak- proposals, such as the Crowley Amendment pharmaceutical imports that were attached en the Food and Drug Administration’s and the Coburn Amendment (in the House- to the Agriculture Appropriations legislation (FDA) ability to ensure the safety and reli- passed bill) and the Jeffords Amendment (in on the House floor. While we share Congress’ ability of drugs entering the United States the Senate-passed bill). deep desire to increase patients’ access to from foreign countries. For instance, the While we appreciate the concerns of Con- reasonably priced pharmaceuticals, we be- FY2001 Agriculture Appropriations bill in- lieve such a fundamental change in current cluded the Crowley and Coburn amendments gress to make prescription drugs more acces- sible, we are deeply concerned that over- U.S. law should not be enacted without more that would prohibit the FDA from spending thorough consideration of its full potential money on any enforcement actions, includ- turning the Prescription Drug Marketing Act, landmark bipartisan legislation in- impact on public health and safety. ing testing for safety, that restrict the im- In floor debate, the Crowley and Coburn tended to protect consumers from counter- portation of drugs approved for sale in the amendments were characterized as simply feit, adulterated or impotent medicines, or United States. We believe the authors of providing for the personal importation of lowering standards under the Federal Food these amendments are genuinely committed pharmaceuticals for personal use, primarily Drug and Cosmetic Act for imported drugs, to helping reduce the high cost of prescrip- from Canada and Mexico. Many thought that will put all people in danger. tion drugs. However, their approach could the amendments were identical in concept to jeopardize the health of countless Americans We believe these amendments will have a Representative Gutknecht’s legislation that by making them rely upon potentially mis- significant impact on FDA’s ability to pro- passed the House on June 29, 2000. In reality, labeled, adulterated, counterfeit, expired or tect the public health and are not an appro- the statutory language of the amendments improperly stored medication to treat their priate or acceptable solution to prescription will result in a complete reversal of current conditions. Please ensure that the final Agri- drug access concerns. Access to medication U.S. law and policy, as set forth, in part, by culture Appropriations bill does not include which poses a risk to the individual is worse the Prescription Drug Marketing Act any provisions that would hamper the FDA than no access at all. (PDMA) of 1987, a statute clearly within the in its commitments to consumer safety. Our groups, representing millions of Amer- jurisdiction of the Commerce Committee. Eleven former FDA commissioners have icans with diseases such as cancer, cardio- It is important to remember why PDMA said that allowing the importation of drugs vascular disease and AIDS, believe that full was enacted in the first place. At the time, would weaken the Prescription Drug Mar- and open hearings involving all stakeholders there was considerable evidence that coun- keting Act (PDMA), which for the past 12 must be held prior to adoption of any policy terfeit and otherwise adulterated drugs were years has helped the FDA protect American which puts the integrity of medications entering U.S. commerce from abroad. After a consumers from unsafe drugs. The Clinton taken by the American people at risk. Let us lengthy investigation, the Commerce Com- Administration has called these amendments not forget that you and your families, as mittee concluded that greater restrictions

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22225 on pharmaceutical imports into the U.S. regulatory controls of body weight and body in higher Agricultural Market Transition Act were essential to protect the safety of Amer- composition during infancy and childhood. (AMTA) payments as part of the crop insur- ican patients and the integrity of the U.S. Studies have also shown how dietary habits ance reform legislation signed into law earlier drug supply. In response, a bipartisan Con- this year on June 22, 2000. gress enacted PDMA. can contribute to long-term health and the PDMA and related restrictions in the Food diet-related chronic diseases such as The emergency funds in the conference re- Drug & Cosmetic Act have served their pur- osteoporosis, obesity, hypertension, diabetes, port we are considering today are particularly pose well. While estimates of counterfeit or cardiovascular disease, and cancer. important to Nebraska farmers, because substandard drugs approach 10 or even 20 per- I would like to highlight two recent discov- drought conditions in the Great Plains have cent abroad, the incidence in the U.S. is neg- eries made at the CNRC that will help children substantially lowered production at a time ligible. Any change in current U.S. law that live healthier, longer lives. A recent study by when we have low commodity prices. Included goes beyond a very narrowly drawn personal Dr. Theresa Nicklas at the CNRC dem- in the $3.5 billion funding amount is $1.6 bil- use exemption will likely expose Americans onstrates that few teens have eating habits lion for crop loss disaster assistance, $490 to the rates of pharmaceutical counter- million for livestock assistance, $473 million feiting found abroad. that mirror the U.S. dietary recommendations The drug importation amendments raise for fat and fiber. This study found that only for dairy assistance and $80 million for the far more complex issues than were properly one-third of the 319 teens whose diets were Emergency Conservation Program. Also, the discussed when the Crowley and Coburn analyzed had a low-fat-high fiber diet. Clearly, crop loss disaster assistance includes the fol- amendments were adopted on the House parents need to know more about this study lowing three areas: general crop assistance, floor. After closer examination of the so they can provide healthier food for their quality loss assistance, and a category for se- amendments and despite our strong desire to children. Another CNRC study found how vere economic disaster assistance. These address the pharmaceutical access and cov- funds should provide much needed additional erage issue, we do not believe such changes much calcium is needed to help children to grow. This calcium reference data is used by help for Nebraska producers. to PDMA represent sound policy or process. This Member is pleased that the conference Instead of taking such ill-advised legislative many health care professionals to make rec- action, it is our hope that we can work to- ommendations to parents about the appro- report for H.R. 4461 provides $462,000 for the gether on real and workable solutions to the priate calcium intake for their children. With Midwest Advanced Food Manufacturing Alli- problem at hand without exposing Ameri- more information, parents will have the knowl- ance (MAFMA). The Alliance is an association cans to unnecessary risk. edge they need to provide a healthy diet for of twelve leading research universities and To strengthen our argument, we have en- their children. corporate partners. Its purpose is to develop closed (1) a booklet that contains letters and facilitate the transfer of new food manu- from 11 FDA commissioners who agree that With this additional funding, the CRNC can continue its vital work to improve our chil- facturing and processing technologies. reimportation is dangerous for U.S. patients The MAFMA awards grants for research dren’s health. I am committed to providing and, (2) a list of counterfeit pharmaceuticals projects on a peer review basis. These awards recently confiscated in the U.S. Please read maximum funding for agriculture research pro- must be supported by an industry partner will- these items for a better understanding of the grams and am pleased that the Appropriations ing to provide matching funds. In the first six danger U.S. patients will face if the amend- Committee has increased funding for the years of funding, MAFMA has directed ments are included in the conference report human nutrition research. Under the guidance as passed by the House. $2,142,317 toward a research competition at of Baylor College of Medicine, I am certain Sincerely, the 12 universities. Projects must receive CNRC will continue to lead the way in the field RICHARD BURR. matching funds. Over the first six years, W.J. ‘‘BILLY’’ TAUZIN. on nutritional research. matching funds of $2,666,129 plus in-kind I also want to highlight that I am concerned JAMES GREENWOOD. contributions of $625,407 were received for MICHAEL OXLEY. about one provision in this bill related to re- MAFMA funded projects from 105 companies CHARLES PICKERING. importation of Food and Drug Administration ROBERT EHRLICH. or organizations. These figures convincingly (FDA) approved prescription drugs for Amer- demonstrate how successful the Alliance has Mr. BENTSEN. Mr. Speaker, I rise in strong ica’s consumers. This conference report al- been in leveraging support from the food man- support of the conference report for H.R. lows pharmacies and wholesalers to buy ufacturing and processing industries. 4461, the Agriculture Appropriations bill for American-made prescription drugs abroad and Mr. Speaker, the future viability and com- Fiscal Year 2001. This bill provides $78.5 bil- reimport them into the United States. Since petitiveness of the U.S. agricultural industry lion for agriculture programs, including $3.6 many American-made drugs are sold at lower depends on its ability to adapt to link between billion for emergency spending to help farmers prices abroad, I strongly support this effort to universities and industries for the development hurt by disasters and low commodity prices. In reduce prescription drug costs for all Ameri- of competitive food manufacturing and proc- the state of Texas, farmers have been endur- cans. However, I am disappointed to learn this essing technologies. This will, in turn, ensure ing drought conditions which make farming bill also includes a provision that allows drug that the United States agricultural industry re- more difficult. This legislation will provide the manufacturers to restrict access to their Amer- mains competitive in a increasingly competi- assistance that these farmers need to con- ican-made products for those wholesalers and tive global economy. tinue to produce our nation’s food supply. pharmacies which import their drugs. As a re- This Member is also pleased that the con- I am also pleased that this legislation in- sult, I am concerned that there will be no re- ference report includes $200,000 to fund the cludes vital funding for nutritional health re- importation of prescription drugs and con- National Drought Mitigation Center (NDMC) at search through the human nutrition research sumers will continue to pay high prices for the the University of Nebraska-Lincoln. This service program which is part of the Agri- prescription drugs that they need. project is in its fourth year and has assisted culture Research Service at the United States I urge my colleagues to support this legisla- numerous states and cities in developing Department of Agriculture. This bill provides tion that provides funding for important agri- drought plans and developing drought re- an additional $750,000 to provide a total of culture programs. sponse teams. Given the nearly unprece- $12.9 million for the Children’s Nutrition Re- Mr. BEREUTER. Mr. Speaker, this Member dented levels of drought in several parts of our search Center (CNRC) at Baylor College of support’s the conference report for H.R. 4461, country, this effort is obviously important. Medicine in cooperation with Texas Children’s the FY2001 Agriculture Appropriations bill. In As the drought continues, the NDMC will Hospital, located in Houston, Texas. The particular, this Member commends the distin- play an increasingly important role in helping CNRC is dedicated to defining the nutrient guished gentleman from New Mexico (Mr. people and institutions develop and implement needs of mothers and their children in a con- SKEEN), Chairman of the Agriculture Appro- measures to reduce societal vulnerability to trolled environment. priations Subcommittee and the distinguished this danger. Most of the NDMC’s services are Since its inception in November 1978, the gentlelady from Ohio (Ms. KAPTUR), Ranking increasing world-wide demands for U.S. ex- CNRC has focused on critical questions relat- Member of the Subcommittee for their hard ports of intermediate and consumer good ex- ing to pregnant women and their infants. More work on this critically important bill. ports. In order to meet these changing world- than 8,500 volunteers have participated in This conference report contains $3.5 billion wide demands, agricultural research must also studies to determine optimal prenatal develop- in critical emergency disaster relief for agri- adapt to provide more emphasis on adding ment, including which nutrients positively im- culture producers. This, of course, is in addi- value to our basic farm commodities before pact infant health and human development. tion to the $7.1 billion in economic assistance marketing. The Midwest Advanced Food Man- These studies have also helped to identify the for agriculture producers including $5.5 billion ufacturing Alliance can provide the necessary

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.002 H11OC0 22226 CONGRESSIONAL RECORD—HOUSE October 11, 2000 cooperative link between universities and in- the prescription drug market and believe that sanctions without the concurrence of Con- dustries for the development of competitive this language is an important first step in pro- gress in the form of a joint resolution. The food manufacturing and processing tech- viding my constituents with the relief they seek President shall terminate any unilateral ag- in their prescription drug prices. There has ricultural and medical sanction that is in ef- nologies. This will, in turn, ensure that the fect as of the date of enactment, though Sec- United States agricultural industry remains been massive international cost-shifting by tion 911 provides a 120 day waiting period to competitive in a increasingly competitive glob- pharmaceutical companies onto the backs of allow the implementation of appropriate reg- al economy. the American consumer. It is not reasonable ulations. This Member is also pleased that the con- that the same Federal Drug Administration Section 904—Exceptions ference report includes $200,000 to fund the (FDA)-approved drug, produced by the same This section provides a number of excep- National Drought Mitigation Center (NDMC) at drug company, should cost 30 percent, 40 tions to Section 903 to ensure that the Ad- the University of Nebraska-Lincoln. This percent, 60 percent or even 80 percent less in ministration has sufficient flexibility to im- project is in its fourth year and has assisted foreign countries than it costs American con- pose or continue to impose sanctions in un- numerous states and cities in developing sumers. This legislative initiative, with con- usual instances. While seven particular ex- ceptions are provided, they are narrowly drought plans and developing drought re- sumer safety an important consideration, un- doubtedly will need refinement before the drawn, in recognition of the conferees’ ex- sponse teams. Given the nearly unprece- pectation that food and medicine sanctions dented levels of drought in several parts of our lengthy FDA regulatory process is completed should only be used in extraordinary cir- country, this effort is obviously important. to implement these provisions, but this is an cumstances. Further, these exceptions As the drought continues, the NDMC will important and necessary change. should not be used to impose sanctions per- In closing, Mr. Speaker, this Member urges play an increasingly important role in helping manently, consistent with Section 905. Con- his colleagues to support the Agriculture ap- people and institutions develop and implement ferees expect that the President will abide by propriations conference report. the spirit of the language and submit for measures to reduce societal vulnerability to Mr. NETHERCUTT. Mr. Speaker, I am Congressional review all sanctions to be im- this danger. Most of the NDMC’s services are proud of the progress we have made this year posed under this section, unless extraor- directed to state, Federal, regional and tribal in our effort to lift unilateral food and medicine dinary circumstances require extremely governments that are involved in drought and sanctions. Title IX of the Fiscal Year 2001 Ag- timely action. water supply planning. riculture Appropriations Conference Report, Section 905—Termination of Sanctions In addition, the conference report provides the Trade Sanctions Reform and Export En- This section provides for a sunset of any funds for the following ongoing Cooperative hancement Act, will open up significant new food or medicine sanctions imposed under Section 903, not later than 2 years after the State Research, Education, and Extension export markets for American farmers. This Service (CSREES) projects at the University date the sanction become effective. Sanc- provision is the result of hard work by many tions may be maintained only if the Presi- of Nebraska-Lincoln: Members and the unfailing support of a broad dent recommends to Congress a continuation Food Processing Center ...... $24,000 coalition that refused to let this issue fade into of not more than 2 years, and a joint resolu- Non-food agricultural products ... 64,000 obscurity in the waning days of this session. tion is enacted in support of this rec- Sustainable agricultural systems 59,000 The overall purpose of this title is unmistak- ommendation. Rural Policy Research Institute able—unilateral food and medicine sanctions Section 906—State Sponsors of International (RUPRI) (a joint effort with are eliminated and new procedures are estab- Terrorism Iowa State University and the This section requires licenses for the ex- University of Missouri) ...... 822,000 lished for the future consideration of such sanctions. As the author of this provision, I port of agricultural commodities, medicine Also, this Member is pleased that the con- would like to briefly outline Congressional in- or medical devices to Cuba or to the govern- ference report for H.R. 4461 includes $100 tent, to ensure that agencies charged with im- ment of a country that has been determined million to cover any defaults for the Section plementing this legislation fully appreciate the to be a state sponsor of international ter- rorism, or any other entity in such country. 538, a rural rental multi-family housing loan expectations of the Agriculture Appropriations guarantee program initiated by legislation writ- These licenses shall be provided for a period conferees. of not less than 12 months and shall be no ten by this Member. The program provides a In drafting this provision, it was not our in- more restrictive than license exceptions ad- Federal guarantee on loans made to eligible tention to derogate from current law or the ministered by the Department of Commerce persons by private lenders. Developers will flexibility provided for in present regulations or general licenses administered by the De- bring ten percent of the cost of the project to which do permit limited exports to some unilat- partment of Treasury. While this section the table, and private lenders will make loans erally sanctioned states. Similarly, the intent of provides the Administration with flexibility for the balance. The lenders will be given a conferees is to expand export opportunities for to determine licensing requirements, it is 100 percent Federal guarantee on the loans the expectation of conferees that presump- food and medicine beyond that currently pro- tion in favor of sales will fall on the side of they make. Unlike the current Section 515 Di- vided for in law or regulations. We expect that exporters, consistent with the title of the rect Loan Program, where the full costs are regulations implementing this provision will lib- act, to support enhanced exports. Consistent borne by the Federal Government, the only eralize the current administrative procedures with this expectation, it is the under- costs to the Federal Government under the for the export of food and medicine. standing of the author that the Department Section 538 Guarantee Program will be for ad- A section by section explanation follows: of Commerce would be the lead agency for ministrative costs and potential defaults. Section 901—Title all exports and related transactions under Mr. Speaker, this Member especially appre- This section contains the title of the Act. this title, all of which would be subject to a general licensing arrangement. In the case of Section 902—Definitions ciates the Conference Committee’s support for exports to Cuba, it is the understanding of the Department of Agriculture’s 502 very suc- Definitions in the section are broadly author that current restrictions on shipping cessful and rapidly expanding Unsubsidized drawn to allow maximum benefit to export- to Cuba will continue to be waived for li- Loan Guarantee Program with a $3.7 billion ers of agricultural commodities and medi- censed exports. Exports to the Government loan authorization support. The program, also cine and medical products. Non-food com- of Syria and the Government of North Korea modities are included in the definition of initiated by legislation authored by this Mem- are expected from the licensing requirements ‘‘agricultural commodities’’ and as Section of this section, and to the extent a private ber, has been very effective in rural commu- 775 further clarifies, for purposes of admin- nities by guaranteeing loans made by ap- sector emerges in either country, these enti- istering Title IX of this Act, the term ‘‘agri- ties should receive the same treatment. proved lenders to eligible income households cultural commodity’’ shall also include fer- The section also requires that procedures in small communities of up to 20,000 residents tilizer and organic fertilizer. ‘‘Medical de- be in place to deny exports to any entity in non-metropolitan areas and in rural areas. vice’’ and ‘‘medicine’’ should be interpreted within such country promoting international The program provides guarantees for 30 year reasonably to mean all products commonly terrorism. This language is only intended to fixed-rate mortgages for the purchase of an understood to be within these categories, as give the Administration narrow discretion in explicitly recognized by the Federal Food, the granting of licenses for exports to spe- existing home or the construction of a new Drug and Cosmetic Act, and including prod- home. cific sub-entities that are directly involved ucts such as crutches, bandages and other in the promotion of terrorism. Additionally, this Member supports the provi- medical supplies. Finally, the section requires quarterly and sion allowing for the reimportation of prescrip- Section 903—Restriction biennial reports on licensing activities to de- tion drugs. I have long been a supporter of This section prohibits the President from termine the effectiveness of licensing ar- legislation that would inject competition into imposing unilateral agricultural or medical rangements.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22227 Section 907—Congressional Procedures strictions with respect to vessels engaged in throughs over the past decades since the in- This section requires that a report sub- trade with Cuba found at 31 C.F.R. 515.207. ception of the Medicare program, we now mitted by the President under Section 903 or Section 909—Prohibition on Additional Imports have medicines that can successfully treat 905 shall be submitted to the appropriate from Cuba thousands of the most serious illnesses and committee or committees of the House of Section 909 reiterates 31 C.F.R. 515.204 pro- Representatives and the Senate. A joint res- provide relief to millions of citizens suffering hibiting from entry into the United States from illness. It is time to modernize Medicare olution in support of this report may not be any merchandise that is of Cuban origin, has reported before the eighth session day of been transported through Cuba, or is derived to reflect the fact that prescription medicines Congress after the introduction of the joint from any article produced in Cuba. are a major part of health care for all of our resolution. Section 910—Requirements Relating to Certain citizens, especially older men and women. Section 908—Prohibition on United States As- Travel-Related Transactions With Cuba This hastily written legislation that will open sistance and Financing This section requires the Secretary of our borders to imported drugs, however well Section 908(a)(1) prohibits the use of Treasury to promulgate regulations to au- intentioned, cannot be considered an ade- United States government assistance and fi- thorize travel to, from, or within Cuba for quate substitute for a comprehensive prescrip- nancing for exports to Cuba. However, con- the commercial export sale of agricultural tion drug coverage for our seniors under Medi- sistent with the overall intent of the meas- commodities. Aside from this expansion in care. These reimportation provisions are bad ure, this prohibition is not intended to mod- permissible travel transactions, tourist ac- ify any provision of law relating to assist- public policy: potentially endangering U.S. citi- tivities in Cuba are not authorized. zens by exposing them to ‘‘reimported’’ medi- ance to Cuba. The provision also restricts Section 911—Effective Date the use of government assistance for com- cines that may be bogus or fake, outdated and mercial exports to Iran, Libya, North Korea, This title shall take effect on the date of untested. Secondly, it should be clear that and Sudan, unless the President waives the enactment and apply thereafter in any fiscal nothing in these provisions change existing year. Unilateral agricultural or medical restrictions for national security or humani- patent laws. In fact, the United States led the tarian reasons. In recent months, the Admin- sanctions in effect as of the date of enact- ment shall be lifted 120 days after enact- negotiations of the WTO Agreement on Trade- istration has taken several steps to liberalize Related Intellectual Property Rights (TRIPs), these and other restrictions on agricultural ment. trade with Iran, Libya, North Korea, and Mr. CANNON. Mr. Speaker, I am pleased to which gives a patent owner of a product exclu- Sudan. As such, it will be in the best interest support the FY 01 Department of Defense bill. sive rights to make, use or import a patented of U.S. agricultural producers and our bal- Passage of this legislation is vital to our mili- product. No one else can do so without per- ance of trade if the President uses the waiver tary readiness and security. I want to extend mission for the term of the patent and nothing authority in subsection (a)(3) to promptly my utmost appreciation to our Chairman for in this bill should be construed otherwise. waive these restrictions before the current his work on this legislation and to the staff that Most important, I remain particularly con- sanctions are lifted 120 days after enactment contributed countless hours to ensure its com- cerned that this legislation might very well un- of this bill. If the President’s waiver author- pletion. In addition to the crucial ongoing mili- dermine our nation’s Food and Drug Adminis- ity is not so promptly exercised, the restric- tration ‘‘gold standard’’ for ensuring the quality tions in subsection (a)(1) could act to restrict tary operations included in this bill, there is a exports of agricultural commodities, medi- provision that will significantly aid the Moab, and safety of all medicines used by U.S. citi- cines, and medical devices to these countries Utah community in my district of southeastern zens and other consumers around the world. more than under current law. This is cer- Utah. In that respect, I am pleased by the fact that tainly not the intent of this legislation. We have our colleagues speak on this pro- the FDA must overcome necessary safety hur- Specifically with regard to Cuba, sub- vision and I just want to add my support to its dles before this legislation is implemented. For section (b) of section 908 prohibits the fi- inclusion. For years, the Grand County Coun- instance, the drug reimportation provisions of nancing of U.S. agricultural exports to Cuba this conference report, specifically section 745, by any United States person. However, in cil and the people of Moab, Utah have been order to accommodate sales of agricultural working to get the federal government to clean will not go into effect until two important ac- commodities to Cuba, subsection (b) specifi- up the ten and a half million ton pile of ura- tions are taken. First, the Secretary of Health cally authorizes Cuban buyers to pay U.S. nium mill tailings that was the byproduct of our and Human Services must demonstrate to the sellers by cash in advance, or by utilizing fi- extensive military buildup during the Cold War. Congress that loosening current regulation of nancing through third country financial in- With the help of many of our colleagues reimportation of prescription drugs will not stitutions. from downstream states, including members of place American consumers at risk. I want to While they cannot extend financing to this Committee such as JIM HANSEN, DUNCAN emphasize that the demonstration of safety by Cuban buyers, U.S. financial institutions are UNTER OB TUMP the Secretary should be no ‘‘pro forma’’ paper specifically authorized to confirm or advise H , and B S , we were able to in- letters of credit related to the sale that are clude language to ensure that clean up and exercise, but a real showing, with facts and issued by third country financial institu- removal of this pile will begin and be com- figures, in the form of a report to Congress, tions. Under this procedure, third country fi- pleted in a timely, safe and scientific manner. that the kind of importation envisioned by nancial institutions can assume the Cuban This committee has done an excellent job in these provisions is safe for consumers. If the risk associated with these transactions and addressing concerns of the many stakeholders Secretary cannot make this demonstration, issue letters of credit free of Cuban risk to be and I know that my constituents are anxious to these provisions cannot be implemented. Sec- confirmed by U.S. banks. The provision of see the long awaited clean up begin. ond, the Secretary must also demonstrate that such a ‘‘firewall’’ against sanctioned country Again, I want to thank Mr. SPENCE for his individual consumers will realize a significant risk is consistent with the role played by third country banks in transactions with work and I wish I had the opportunity to per- cost reduction from this legislation, making other countries subject to U.S. sanctions. sonally thank Mr. Bateman. Utah shall forever their drug purchases significantly more afford- U.S. financial institutions may act as ex- be indebted to the gentleman from Virginia for able for them, before it can be implemented. porters’ collection and payment agents, con- his commitment to help preserve, protect and Now that Congress has acted, it is up to the firm the third country letters of credit, and clean up one of our most beautiful areas of FDA and the next Administration to ensure guarantee payment to the U.S. exporter. The the country. this policy can save consumers money, with- provision of such export-related financial Mr. FRELINGHUYSEN. Mr. Speaker, I want out threatening the world’s highest standard of services by U.S. financial institutions (com- to discuss for a moment the provisions in the mercial banks, cooperatives, and others) will safety of America’s medicines for our con- allow U.S. farmers, their cooperatives, and Conference Report on the Agriculture Appro- sumers. exporters to be assured that they will be paid priations Act for Fiscal Year 2001 that deal Mr. HALL of Ohio. Mr. Speaker, I rise to add for exported commodities. with ‘‘drug reimportation.’’ my voice to those who will be speaking about Subsection (b)(3) of section 908 requires the First and foremost, I want the record to re- this rule and the Agriculture Appropriations bill. President to issue such regulations as are flect that I, like my colleagues on both sides But unfortunately there will be many voices necessary to carry out this section. In addi- of the aisle, support a comprehensive plan to that are not heard today—the voices of the 31 tion to waiving the restrictions on assist- provide prescription medicines at more afford- million Americans who are threatened by hun- ance as appropriate under subsection (a)(3), these regulations need to facilitate the ex- able prices to our senior citizens under Medi- ger even in the midst of our unprecedented port of agricultural commodities, medicine, care. When Medicare was first created in prosperity. and medical devices. In particular, the regu- 1965, prescription medicines were not a major I wish I did not have to bother my col- lations need to accommodate these specifi- part of our health care delivery system. leagues by talking about hunger again. I wish cally authorized exports by waiving the re- Thanks to all the incredible medical break- that I could be here announcing that we had

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.002 H11OC0 22228 CONGRESSIONAL RECORD—HOUSE October 11, 2000 mustered the political and spiritual will and fi- gress is reaffirming the belief that food should legislation, H.R. 4770, to guarantee com- nally eradicated hunger. I wish that we could never be used as a weapon. President prehensive drug coverage to any senior who turn our collective attention to other pressing Reagan said it best, ‘‘a hungry child knows no wants to sign up. It guarantees that all pre- problems. Unfortunately, Mr. Speaker, I have politics.’’ We should continue to uphold that scriptions written by any qualified physician to stand on this floor yet again to urge this principle and this provision moves us closer to can be filled at any pharmacy of the bene- body to do better on issues of hunger. that goal. ficiary’s choice at a price that is affordable. That said, I want to thank my colleagues, The other controversial measure in this bill We can pass such a bill this year. It is a trav- Representatives YOUNG, SKEEN, OBEY, WALSH, involves the reimportation of prescription esty that the Republican leadership refuses to DELAURO and HINCHEY for their work in the drugs. Many of my colleagues will address our do so. conference committee to make sure that the sides’ specific concerns with this provision. In fact, Republicans have gone to enormous hungry were not forgotten. Specifically, they But allow me to conclude with a couple of sto- lengths to block efforts to enact a Medicare worked to include provisions of the Hunger ries that I have shared before but that illus- drug benefit. Instead, they push a temporary Relief Act in this bill. I especially want to thank trate the importance of this issue and all that state program that would help only the poor- Ranking Member KAPTUR and Representative I have said today. est, and private ‘‘drug-only’’ plans that insurers EMERSON for their efforts on behalf of the hun- A few months ago, I met Darryl and Martha say they will never sell to seniors. gry. Wagner in Appalachian Ohio. They depend on Meanwhile, the pharmaceutical industry and It is a triumph that food stamp recipients will Social Security and retirement for their meager its phony front groups are spending millions to now be able to own a reliable car and pay $1,000 per month. She has cancer and her try to ensure that no legislation providing af- high shelter costs. I want to particularly com- treatment and medication consume much of fordable prescription drugs to seniors is seri- mend the coalition of anti-hunger groups that their income. Her doctor was concerned about ously considered. Regrettably, these efforts came together in gathering support for this whether she was getting enough to eat. By the have served to seriously weaken the re- bill—Bread For the World, RESULTS, FRAC, time a food pantry outreach worker reached importation provisions in H.R. 4461 that we America’s Second Harvest, the Food Policy them, neither had eaten anything for three are voting on today. Working Group, the National Immigration Law days. They had tried to do everything by the If all we’re going to accomplish is a relax- Center and the other 1,400 groups that en- book and they were still hungry. ation of reimportation restrictions, there is still dorsed the Hunger Relief Act. I especially Another woman from southeastern Ohio, a better solution than the one before us today. want to thank Lynette Engelhardt Stott and Priscilla Stevens, has lupus and MS and is re- I introduced last month, the Medicare Pre- Barbara Howell of Bread For the World, Ellen quired to take 26 medications every day. She scription Drug Internet Access Act of 2000 Teller and Ellen Vollinger of FRAC and Derek receives only $258 each month and relies on (H.R. 5142). It would allow beneficiaries to purchase safe, FDA-approved medications Miller of RESULTS for their tireless efforts in Medicaid for her very life. I never got a chance from U.S. and international suppliers at the bringing us to this point. to meet Tom Nelson in West Virginia. He died lowest possible prices through an Internet site While I am happy that these provisions are from a heart attack last year. You see, he had administered by Medicare. This means that included, I am disappointed that we did not in- high blood pressure and needed medication to Medicare beneficiaries would have guaranteed clude the other titles of the bill that would have keep it under control. He had to choose be- access to lower drug prices from a safe, cer- restored food stamp eligibility to legal immi- tween filling his refrigerator and filling his pre- tified-reliable source. grants and provided additional resources for scription. Sadly, he made the wrong choice Here’s how it works: All a beneficiary, doc- our country’s food banks through the TEFAP when he decided to skip his drugs and eat in- tor, or a pharmacy serving a beneficiary would program. TEFAP provides the network of feed- stead. need to do is click on Medicare’s home page ing programs around the nation with a reliable Mr. Speaker, I am sorry that I have to keep and type in a prescription. The result would be supply of nutritious commodities. It also di- talking about issues of hunger. This bill makes a display of the five lowest prices for the medi- rectly benefits our farmers and food proc- some strides toward fighting hunger. But we cine in question and its availability from do- essors by providing them with an additional could do so much more, especially now. I look mestic and international suppliers. Bene- market for their products. I am still hopeful that forward to the day when Congress makes ficiaries would choose one and submit their those items will be included in our final omni- ending hunger a top priority. prescription to the Internet pharmacy, receiv- bus bill. Mr. STARK. Mr. Speaker, I rise to address ing their medicine at the price selected This bill also provides $34.1 billion for do- the reimportation provisions of the FY 2001 through the mail, by express delivery, or at mestic nutrition programs including food agriculture appropriations legislation that is be- their local retail pharmacy. stamps, the school lunch and breakfast pro- fore the House today. In recent weeks, these The only medicine that Internet pharmacies grams, WIC, Meals on Wheels and other com- provisions have been the subject of consider- contracting with Medicare would be able to modity assistance programs. This is $2 billion able controversy: Some Members have as- sell is FDA-approved medicine manufactured less than the president requested and almost serted that allowing wholesalers to reimport in FDA-approved facilities. Internet phar- $1 billion less than what we provided last FDA-approved pharmaceuticals will essentially macies, under this bill, would only be able to year. While most of that savings is due to a solve the problem of overpricing, while others import prescription medicine from approved drop in food stamp participation, that does not say the practice will expose U.S. consumers companies that have been inspected by the mean that there has been a corresponding to unsafe products. Some argue that the legis- FDA. drop in hunger and food insecurity. lation is so riddled with loopholes as to be As an added precaution, Internet phar- Additionally, the underlying bill provides al- useless, while others believe the final com- macies would be required to display a Medi- most $1 billion in humanitarian food aid for promise is workable. care Seal of Approval, which serves to au- those in need overseas. While this equals the The bill is an attempt to address obscenely thenticate the website. The seal would directly request and exceeds last year’s total, it is still high drug prices. But it is far too limited in its link to a secure webpage operated by the woefully inadequate in meeting the needs of approach, because it assumes that whole- Medicare contractor to verify the Internet phar- the hungry around the world. I am proud that salers reimporting prescription drugs will do so macy’s legitimacy. the United States, through the Food for Peace at prices that are affordable for the 15 million These precautions would address problems Program, was able to help avert famine in seniors and disabled Americans who do not that exist today with phony websites pawning Ethiopia. I just visited the Horn of Africa last have any form of insurance to cover the cost counterfeit medicine to unsuspecting people. month and was glad I did not see as many of their medications. This bill addresses the issue of so-called children starving as would have without our This is a flawed assumption. There is no ‘‘rogue’’ websites. It establishes a uniform set timely assistance. I am also pleased to report guarantee that the ‘‘middlemen’’ in this bill will of criteria to which contracting Internet phar- that our food aid has prevented more people actually pass along substantial drug discounts macies must adhere or face criminal and fi- from dying of famine in North Korea and that to consumers who need them. And the bill’s nancial consequences. Among other criteria, Japan and South Korea are finally acting to loopholes will allow pharmaceutical companies Internet pharmacies would have to be licensed assist their neighbor in need. to keep drug prices inflated through restrictive in all 50 states as a pharmacy, fully comply As we all know, this measure also provides contracts and control of FDA-required labels. with State and Federal laws, and only dis- for the sale of food and medicine to Cuba and What seniors clearly need above all else is pense medicine with a valid prescription other rogue nations. I am thrilled that Con- a Medicare drug benefit. Democrats support through a licensed practitioner.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22229 The bill I have just described will not be en- Michigan and throughout the country. Bovine nationwide and the hundreds of thousands of acted this year. Nor is it a full-blown solution tuberculosis is wreaking havoc on dairy and older Americans whom they serve, I want to for the problems created by eroding insurance beef cattle in my state. Already, 10 Michigan thank and commend you and Representative herds have tested positive for the disease as Sherwood Boehlert for sponsoring an amend- coverage for prescription drugs and accel- ment to H.R. 4461, the Department of Agri- erating drug price increases. Again, revising have several deer and other animals. To com- culture Appropriations bill, to provide an ad- reimportation rules is one way to make pre- plicate matters, USDA responded by down- ditional $20 million in funding for the Nutri- scription drugs more widely available at afford- grading Michigan’s bovine TB status. Because tion Program for the Elderly (NPE). We were able prices. But today’s bill falls far short of of this downgrade, Michigan’s economy is ex- delighted when the House passed your what is necessary to attain that goal. And, it pected to lose $156 million during the next ten amendment, and we are pleased that the ignores the real need of America’s seniors—a years. Conferees agreed to include $10 million of Medicare drug benefit that is available and af- While much work remains to be done, I am that increase in the final Conference bill. encouraged by the funding provided in this As you are aware, Congress appropriated fordable for all. $150 million for the program in fiscal year Mr. GREENWOOD. Mr. Speaker, I rise legislation to combat bovine TB in Michigan. It 1996, but the appropriation was reduced by today in support of the Agriculture Appropria- is my hope that this effort will begin the proc- $10 million to $140 million in FY 1997, and it tions bill, but want to specifically address the ess of restoring Michigan to bovine TB-free has remained at that level for several fiscal provisions regarding reimportation of prescrip- status. I am committed to helping the farmers years. The Conferees’ actions, when approved tion drugs, section 745 and 746. As a Member of my district and I hope that this research and by both chambers, will bring funding for the of the Commerce Committee, which has juris- reimbursement funding will bring them much- program back to the FY 1996 level. diction over this issue, I am glad two provi- needed relief. Few programs can boast the importance to sions were included to ensure the safety of Secondly, I support this legislation because the elderly, as well as the overwhelming suc- it provides funding for the Forestry Incentives cess, that the Elderly Nutrition Program consumers, and that savings are passed along can. Senior nutrition programs have become to customers. Program. While this earmark is small, equaling the lifeline for millions of older Americans. First, we must be sure that nothing in these the spending for Fiscal Year 2000, the Admin- There are few communities within the coun- provisions compromises the health or safety or istration had not requested funds in its Fiscal try where a senior nutrition program does the American public in any way. Section 745 Year 2001 budget nor had the House appro- not exist. These meal programs are as di- requires the Secretary of Health and Human priated funds in its Agriculture spending bill. verse as the communities in which they are Services to demonstrate in a written report to The Forestry Incentives Program provides located and the individuals they serve. At Congress that implementation of the amend- cost-share funds to private landowners for tree the same time, they share a common com- planting and timber stand improvement. mitment to serving the nutritional needs of ment will pose no risk to the public, before the a growing number of older Americans. They legislation can become effective. This dem- Through these efforts, we are able to keep our also share a common problem—extremely onstration requirement is no paper tiger. We forests healthy and sustainable. limited resources. The funds and commod- expect the Secretary to make detailed factual Finally, I am pleased that the conferees re- ities furnished through the Department of findings and to submit a report supporting the tained a portion of the important increase in Agriculture’s NPE are vital to these pro- demonstration, if indeed the Secretary can funding to the USDA senior meal reimburse- grams. The $10 million increase over current make it at all. The demonstration must be ments that had been added by the Stupak- levels is critically important in enabling based on a detailed explanation that the Food Boehlert amendment to the House Agriculture these programs to continue serving the needs of our frailest and neediest citizens. and Drug Administration has the resources to appropriations bill. Our amendment provided $160 million for USDA’s Nutrition Program for As you are aware, USDA Nutrition Pro- enforce all of the requirements of the Federal gram for the Elderly funds are provided to Food, Drug, and Cosmetic Act against each the Elderly, a $20 million increase over the meal programs according to a per meal reim- and every one of these drug products as they amount provided in the bill. Senior meal pro- bursement rate. The rate has dropped over arrive at our borders. If FDA cannot do this, viders and the countless seniors that depend the past years from $.6206 in FY 1993 to $.5404 the demonstration cannot be made, and these on senior meals will be greatly benefitted by in the current fiscal year. Without a sub- provisions cannot be implemented. the $10 million increase that the conferees re- stantial increase in the appropriation level, Through the hard work of the House Com- tained. This increase will halt the steady de- the rate can be expected to continue to drop. merce Committee in previous Congresses, we cline of the USDA meal reimbursements that To put the issue in perspective, let me fur- have gone down to their current rate of $.54 nish an example from one rural meal pro- have established a precedent for ensuring that gram. A rural program that served 225,000 Americans have access to safe and effective per meal for fiscal year 2000, a drop of eight meals annually, and which received 20 per- prescription drugs. Any attempt to under-mine cents since 1993. cent of its budget from USDA funds, lost this system by lowering these standards is not The increase in USDA reimbursements is funding for 2,000 meals as a result of the per acceptable. essential, and will benefit every senior meal meal reimbursement reduction of a mere Second, this legislation sets a condition that provider in every town, city and state in the $.0007 in one fiscal year (from $.5864 in FY before it is implemented, the Secretary must form of more money for each meal provided. 1996 to $.5857 in FY 1997). Those 2,000 meals, demonstrate that it will result in a cost reduc- I urge the House to continue in the future the of course, represent critical and life-sus- taining nutrition for at-risk seniors. And the tion to American consumers. If the result of re- effort to increase this crucial aid to senior meal providers. I am also submitting for the experience of that one meal program was importation profits only middlemen, and not in- multiplied thousands of times over across dividual consumers, we will have done little to record letters in support of the increase in the nation. You can imagine the impact that extend affordable prescriptions to our constitu- funding from the National Association of Nutri- the $.0802 reduction from FY 1993 to FY 2000 ents. tion and Aging Services Programs, the Meals has had on meal programs—and needy, hun- In my view, these two determinations are on Wheels Association of America, and the gry seniors—throughout the country. bare minimum essentials that must be in place Senior Citizens League. These organizations Because America’s elderly population con- before this legislation is implemented. We were invaluable in moving this issue forward. tinues to be fastest growing segment of the must be vigilant in ensuring that American I would also like to thank National Council of population, demands on nutrition programs Senior Citizens and the National Association for the elderly are increasing. The most com- consumers are not threatened or put at risk in prehensive national study to be conducted in any way by the prescription drugs that come of State Units on Aging for their work on pro- recent years found that 41 percent of home- into this country under these provisions. moting our amendment. delivered meal programs had waiting lists. Mr. STUPAK. Mr. Speaker, I rise in support I submit the following letters into the The relatively small investment of an addi- of the Conference Report on the Agriculture RECORD. tional $10 million that your amendment Appropriations bill for Fiscal Year 2001. I MEALS ON WHEELS made possible will pay substantial dividends would like to commend the conferees and all ASSOCIATION OF AMERICA, in helping target malnutrition and isolation the appropriators for their hard work on this Alexandria, VA, October 11, 2000. in the elderly, improving their nutritional and health status and enabling many seniors bill, and to thank them for funding several im- Hon. BART STUPAK, Rayburn House Office Building, Washington, to stay in their homes. portant projects in my district. DC. The Meals On Wheels Association of Amer- This legislation recognizes the threat bovine DEAR REPRESENTATIVE STUPAK: On behalf ica urges the full House to approve con- tuberculosis poses to Michigan and provides of the Meals On Wheels Association of Amer- ference bill, which will increase funding for funds to begin eradicating the disease in ica’s (MOWAA) nearly 900 member programs the USDA Nutrition Program for the Elderly

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 22230 CONGRESSIONAL RECORD—HOUSE October 11, 2000 by $10 million over the FY 2000 level. We its Continued Dumping Offset provision. The Dooley Kilpatrick Reyes thank you again on behalf of all our member Doolittle Kind (WI) Reynolds language in the amendment is the same as Doyle King (NY) Riley programs and the many needy seniors for that in H.R. 842, a bill introduced by my distin- whom this increase will mean a hot, nutri- Dreier Kingston Rivers Duncan Knollenberg Rodriguez tious meal, perhaps the only food of the day. guished colleague from Ohio, Mr. REGULA, and to which I and 63 other members of the House Dunn Kucinich Roemer Sincerely, Edwards Kuykendall Rogan MARGOT L. CLARK, are currently cosponsors. Ehlers LaFalce Rogers President. The rationale behind the amendment is sim- Ehrlich LaHood Ros-Lehtinen ple: Where internationally recognized unfair Emerson Lampson Rothman SENIOR CITIZENS LEAGUE, trade practices cause harm to our producers Engel Larson Roybal-Allard Alexandria, VA, October 11, 2000. English Latham Rush and workers, effective relief is promised. The Etheridge LaTourette Ryan (WI) Hon. BART STUPAK, Evans Lazio Ryun (KS) U.S. House of Representatives, Rayburn House amendment included in the conference pack- age would reduce the adverse effect of contin- Everett Leach Sabo Office Building, Washington, DC. Ewing Levin Sanchez DEAR REPRESENTATIVE STUPAK: On behalf ued dumping or subsidization by distributing Farr Lewis (CA) Sanders of the 1.5 million members and supporters of the monies finally assessed to the injured in- Fattah Lewis (GA) Sandlin The Senior Citizens League (TSCL), many dustry. It is hoped that the knowledge that Fletcher Lewis (KY) Sawyer whom are dependent on various senior meal continued unfair trade practices will result in Foley Linder Saxton programs for their livelihood, are grateful to Forbes Lipinski Scott monies going to the injured and encourage Ford LoBiondo Serrano you and Rep. SHERWOOD BOEHLERT for your Fossella Lowey Sessions efforts to increase the per-meal reimburse- those engaging in the continued unfair trade practices to trade fairly. Fowler Lucas (KY) Shaw ment rate. This action was absolutely nec- Frost Lucas (OK) Sherwood essary to insure the continued availability of In my district and my state, I have wit- Gallegly Luther Shimkus nutritional and health programs for older nessed first-hand what can happen to compa- Ganske Maloney (CT) Shows Americans who desperately need them for nies and jobs when unfair trade practices dis- Gekas Maloney (NY) Shuster survival. tort the market conditions. In one important in- Gephardt Manzullo Simpson Your actions have sent a strong message to Gibbons Martinez Sisisky America’s elderly that Congress recognizes dustry, bearings, continued dumping has gone Gilchrest Mascara Skeen Gillmor Matsui Skelton and reacts to their needs. TSCL doubts that on uninterrupted for more than a decade. Companies who operate under constant condi- Gilman McCarthy (MO) Slaughter without your persistence on the topic, the Gonzalez McCarthy (NY) Smith (MI) situation being faced by senior meal pro- tions of depressed prices are not able to main- Goode McGovern Smith (NJ) viders would have been recognized, much less tain investments, employment levels or com- Goodlatte McHugh Smith (TX) acted upon. Many thanks from TSCL and, in pensation levels even if they are highly com- Goodling McInnis Smith (WA) particular, the 4,690 TSCL members who re- Gordon McIntyre Snyder petitive at the beginning of the process. Simi- Graham McKeon Souder side in Michigan’s 1st Congressional District, lar experiences exist for many other industries for your personal efforts and the contribu- Granger McNulty Spence Green (TX) Meek (FL) Stabenow tions of your outstanding staff. where continued dumping or subsidization has gone on. Green (WI) Meeks (NY) Stearns Sincerely, Greenwood Menendez Stenholm MICHAEL F. OUELLETTE, I urge my Republican and Democratic col- Gutierrez Mica Strickland Director of Legislative Affairs. leagues to support this conference agreement Gutknecht Millender- Stump and the Continued Dumping Offset provision. Hall (OH) McDonald Stupak NATIONAL ASSOCIATION OF NUTRI- Hall (TX) Miller, Gary Sweeney Mr. SKEEN. Mr. Speaker, I yield Hansen Minge Talent TION AND AGING SERVICES PRO- back the balance of my time. Hastert Mink Tanner GRAMS, The SPEAKER pro tempore (Mr. Hastings (FL) Moakley Tauscher Washington, DC, October 11, 2000. Hastings (WA) NUSSLE). All time has expired. Mollohan Tauzin Hon. BART STUPAK, Hayes Moore Taylor (MS) House of Representatives, RHOB, Washington, Without objection, the previous ques- Hayworth Moran (KS) Taylor (NC) DC. tion is ordered on the conference re- Herger Morella Terry DEAR CONGRESSMAN STUPAK: The National port. Hill (IN) Murtha Thomas Association of Nutrition and Aging Services There was no objection. Hill (MT) Nethercutt Thompson (CA) Programs (NANASP), representing the inter- Hilleary Ney Thompson (MS) The SPEAKER pro tempore. The Hilliard Northup Thornberry ests of congregate and home delivered meal question is on the conference report. Hinchey Norwood Thune programs for the elderly in your state and Hinojosa Nussle Thurman across the nation, supports the Conference Pursuant to clause 10 of rule XX, the Hobson Oberstar Tiahrt Report to accompany H.R. 4461. yeas and nays are ordered. Hoeffel Obey Traficant We wish, in particular, to commend the The vote was taken by electronic de- Holden Ortiz Turner Conference Committee for maintaining the vice, and there were—yeas 340, nays 75, Holt Ose Udall (CO) Hooley Oxley Udall (NM) provision to increase funding for the USDA’s not voting 18, as follows: Elderly Feeding Program (NPE) by $10 mil- Horn Packard Vela´ zquez lion. By increasing the funding for the pro- [Roll No. 525] Houghton Pallone Visclosky Hoyer Pascrell Vitter gram, you prevent disruption to meal pro- YEAS—340 Hulshof Pease Walden grams that prove so vital to seniors and pro- Abercrombie Bliley Clay Hutchinson Peterson (MN) Walsh vide a little stability on the local level, Aderholt Blunt Clayton Hyde Peterson (PA) Wamp which is important to the meal providers. Allen Boehlert Clement Inslee Petri Watkins NANASP also commends you, Congress- Armey Bonilla Collins Isakson Phelps Watt (NC) man Stupak, for taking leadership on this Baca Bonior Combest Jackson-Lee Pickering Watts (OK) issue. We would have preferred the $20 mil- Bachus Bono Condit (TX) Pickett Weldon (PA) lion increase offered by your amendment and Baird Borski Cook Jefferson Pitts Weller hope we can work with you next year to re- Baker Boswell Cooksey Jenkins Pombo Wexler Baldacci Boucher Costello John Pomeroy Weygand visit this matter. We know that you recog- Baldwin Boyd Coyne Johnson (CT) Porter Whitfield nize this as a strong investment in maintain- Ballenger Brady (PA) Cramer Johnson, E.B. Portman Wicker ing the good health of this nation’s seniors. Barcia Brady (TX) Cubin Jones (NC) Price (NC) Wilson Nutrition is a preventive service that keeps Barr Brown (FL) Cummings Jones (OH) Pryce (OH) Wolf seniors in their homes and communities Barrett (NE) Brown (OH) Cunningham Kanjorski Quinn Woolsey rather than facing more costly institutional- Barrett (WI) Bryant Danner Kaptur Radanovich Wu ization. Bartlett Burton Davis (FL) Kelly Rahall Wynn We thank you and Conference Committee Barton Buyer Deal Kennedy Ramstad Young (AK) Bass Callahan DeFazio Kildee Regula Young (FL) for recognizing the value and effectiveness of Becerra Calvert DeGette this program and hope it will be provided Bentsen Camp Delahunt NAYS—75 this modest increase for FY 2001. Bereuter Canady DeLauro Ackerman Carson Cox Sincerely, Berry Cannon DeLay Andrews Chabot Crane JAN BONINE, Biggert Capps Deutsch Berkley Chenoweth-Hage Crowley President. Bilbray Capuano Diaz-Balart Berman Clyburn Davis (IL) Bilirakis Cardin Dickey Blumenauer Coburn Davis (VA) Mrs. JOHNSON of Connecticut. Mr. Speak- Bishop Castle Dicks Boehner Conyers DeMint er, I support this conference agreement and Blagojevich Chambliss Dixon

VerDate jul 14 2003 12:05 Jan 11, 2005 Jkt 039102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22231 Dingell Markey Sanford Sec. 102. Definitions. right of individuals with developmental dis- Doggett McCrery Scarborough Sec. 103. Records and audits. abilities to live independently, to exert con- Filner McDermott Schaffer Sec. 104. Responsibilities of the Secretary. trol and choice over their own lives, and to Frelinghuysen McKinney Schakowsky Sec. 105. Reports of the Secretary. fully participate in and contribute to their Gejdenson Metcalf Sensenbrenner Goss Miller, George Shadegg Sec. 106. State control of operations. communities through full integration and in- Hefley Moran (VA) Shays Sec. 107. Employment of individuals with clusion in the economic, political, social, Hoekstra Nadler Sherman disabilities. cultural, and educational mainstream of Hostettler Napolitano Stark Sec. 108. Construction. United States society; Istook Olver Sununu Sec. 109. Rights of individuals with develop- (2) in 1999, there are between 3,200,000 and Jackson (IL) Owens Tancredo mental disabilities. 4,500,000 individuals with developmental dis- Johnson, Sam Paul Tierney abilities in the United States, and recent Kasich Payne Toomey Subtitle B—Federal Assistance to State Kleczka Pelosi Towns Councils on Developmental Disabilities studies indicate that individuals with devel- Kolbe Rangel Upton Sec. 121. Purpose. opmental disabilities comprise between 1.2 Lantos Rohrabacher Waters Sec. 122. State allotments. and 1.65 percent of the United States popu- Largent Roukema Waxman Sec. 123. Payments to the States for plan- lation; Lee Royce Weiner ning, administration, and serv- (3) individuals whose disabilities occur dur- Lofgren Salmon Weldon (FL) ices. ing their developmental period frequently NOT VOTING—18 Sec. 124. State plan. have severe disabilities that are likely to Sec. 125. State Councils on Developmental continue indefinitely; Archer Franks (NJ) Miller (FL) (4) individuals with developmental disabil- Burr Hunter Myrick Disabilities and designated ities often encounter discrimination in the Campbell Klink Neal State agencies. Coble McCollum Pastor Sec. 126. Federal and non-Federal share. provision of critical services, such as serv- Eshoo McIntosh Spratt Sec. 127. Withholding of payments for plan- ices in the areas of emphasis (as defined in Frank (MA) Meehan Wise ning, administration, and serv- section 102); (5) individuals with developmental disabil- b 1652 ices. Sec. 128. Appeals by States. ities are at greater risk than the general Messrs. MCDERMOTT, RANGEL, Sec. 129. Authorization of appropriations. population of abuse, neglect, financial and OLVER, CROWLEY and TIERNEY sexual exploitation, and the violation of Subtitle C—Protection and Advocacy of their legal and human rights; changed their vote from ‘‘yea’’ to Individual Rights ‘‘nay.’’ (6) a substantial portion of individuals Sec. 141. Purpose. with developmental disabilities and their Mrs. JONES of Ohio and Ms. EDDIE Sec. 142. Allotments and payments. families do not have access to appropriate BERNICE JOHNSON of Texas changed Sec. 143. System required. support and services, including access to as- their vote from ‘‘nay’’ to ‘‘yea.’’ Sec. 144. Administration. sistive technology, from generic and special- So the conference report was agreed Sec. 145. Authorization of appropriations. ized service systems, and remain unserved or to. Subtitle D—National Network of University underserved; The result of the vote was announced Centers for Excellence in Developmental (7) individuals with developmental disabil- as above recorded. Disabilities Education, Research, and ities often require lifelong community serv- A motion to reconsider was laid on Service ices, individualized supports, and other forms of assistance, that are most effective the table. Sec. 151. Grant authority. Sec. 152. Grant awards. when provided in a coordinated manner; f Sec. 153. Purpose and scope of activities. (8) there is a need to ensure that services, supports, and other assistance are provided b 1700 Sec. 154. Applications. Sec. 155. Definition. in a culturally competent manner, that en- DEVELOPMENTAL DISABILITIES Sec. 156. Authorization of appropriations. sures that individuals from racial and ethnic minority backgrounds are fully included in ASSISTANCE AND BILL OF Subtitle E—Projects of National all activities provided under this title; RIGHTS ACT OF 1999 Significance (9) family members, friends, and members Mr. LAZIO. Mr. Speaker, I ask unani- Sec. 161. Purpose. of the community can play an important mous consent that the Committee on Sec. 162. Grant authority. role in enhancing the lives of individuals Commerce and the Committee on Edu- Sec. 163. Authorization of appropriations. with developmental disabilities, especially cation and the Workforce be discharged TITLE II—FAMILY SUPPORT when the family members, friends, and com- from further consideration of the Sen- Sec. 201. Short title. munity members are provided with the nec- Sec. 202. Findings, purposes, and policy. essary community services, individualized ate bill (S. 1809) to improve service sys- supports, and other forms of assistance; tems for individuals with develop- Sec. 203. Definitions and special rule. Sec. 204. Grants to States. (10) current research indicates that 88 per- mental disabilities, and for other pur- Sec. 205. Application. cent of individuals with developmental dis- poses, and ask for its immediate con- Sec. 206. Designation of the lead entity. abilities live with their families or in their sideration in the House. Sec. 207. Authorized activities. own households; The Clerk read the title of the Senate Sec. 208. Reporting. (11) many service delivery systems and bill. Sec. 209. Technical assistance. communities are not prepared to meet the The SPEAKER pro tempore (Mr. Sec. 210. Evaluation. impending needs of the 479,862 adults with Sec. 211. Projects of national significance. developmental disabilities who are living at OSE). Is there objection to the request Sec. 212. Authorization of appropriations. home with parents who are 60 years old or of the gentleman from New York? TITLE III—PROGRAM FOR DIRECT SUP- older and who serve as the primary care- There was no objection. PORT WORKERS WHO ASSIST INDIVID- givers of the adults; The Clerk read the Senate bill, as fol- UALS WITH DEVELOPMENTAL DIS- (12) in almost every State, individuals with lows: ABILITIES developmental disabilities are waiting for appropriate services in their communities, in S. 1809 Sec. 301. Findings. the areas of emphasis; Be it enacted by the Senate and House of Rep- Sec. 302. Definitions. (13) the public needs to be made more resentatives of the United States of America in Sec. 303. Reaching up scholarship program. aware of the capabilities and competencies Congress assembled, Sec. 304. Staff development curriculum au- of individuals with developmental disabil- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. thorization. ities, particularly in cases in which the indi- (a) SHORT TITLE.—This Act may be cited as Sec. 305. Authorization of appropriations. viduals are provided with necessary services, the ‘‘Developmental Disabilities Assistance TITLE IV—REPEAL supports, and other assistance; and Bill of Rights Act of 1999’’. Sec. 401. Repeal. (14) as increasing numbers of individuals (b) TABLE OF CONTENTS.—The table of con- TITLE I—PROGRAMS FOR INDIVIDUALS with developmental disabilities are living, tents of this Act is as follows: WITH DEVELOPMENTAL DISABILITIES learning, working, and participating in all Sec. 1. Short title; table of contents. aspects of community life, there is an in- Subtitle A—General Provisions creasing need for a well trained workforce TITLE I—PROGRAMS FOR INDIVIDUALS SEC. 101. FINDINGS, PURPOSES, AND POLICY. that is able to provide the services, supports, WITH DEVELOPMENTAL DISABILITIES (a) FINDINGS.—Congress finds that— and other forms of direct assistance required Subtitle A—General Provisions (1) disability is a natural part of the to enable the individuals to carry out those Sec. 101. Findings, purposes, and policy. human experience that does not diminish the activities;

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00075 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 22232 CONGRESSIONAL RECORD—HOUSE October 11, 2000 (15) there needs to be greater effort to re- clause (i) through demonstration and model the needs of individuals with developmental cruit individuals from minority backgrounds activities; disabilities and their families and are en- into professions serving individuals with de- (C) to conduct research, which may include riched by full and active participation in velopmental disabilities and their families; basic or applied research, evaluation, and the community activities, and contributions, by (16) the goals of the Nation properly in- analysis of public policy in areas that affect individuals with developmental disabilities clude a goal of providing individuals with de- or could affect, either positively or nega- and their families; velopmental disabilities with the informa- tively, individuals with developmental dis- (8) individuals with developmental disabil- tion, skills, opportunities, and support to— abilities and their families; and ities have access to opportunities and the (A) make informed choices and decisions (D) to disseminate information related to necessary support to be included in commu- about their lives; activities undertaken to address the purpose nity life, have interdependent relationships, (B) live in homes and communities in of this title, especially dissemination of in- live in homes and communities, and make which such individuals can exercise their full formation that demonstrates that the net- contributions to their families, commu- rights and responsibilities as citizens; work authorized under this subtitle is a na- nities, and States, and the Nation; (C) pursue meaningful and productive tional and international resource that in- (9) efforts undertaken to maintain or ex- lives; cludes specific substantive areas of expertise pand community-based living options for in- (D) contribute to their families, commu- that may be accessed and applied in diverse dividuals with disabilities should be mon- nities, and States, and the Nation; settings and circumstances; and itored in order to determine and report to (E) have interdependent friendships and re- (4) funding for— appropriate individuals and entities the ex- lationships with other persons; (A) national initiatives to collect nec- tent of access by individuals with develop- (F) live free of abuse, neglect, financial and essary data on issues that are directly or in- mental disabilities to those options and the sexual exploitation, and violations of their directly relevant to the lives of individuals extent of compliance by entities providing legal and human rights; and with developmental disabilities; those options with quality assurance stand- (G) achieve full integration and inclusion (B) technical assistance to entities who en- ards; in society, in an individualized manner, con- gage in or intend to engage in activities con- (10) families of children with develop- sistent with the unique strengths, resources, sistent with the purpose described in this mental disabilities need to have access to priorities, concerns, abilities, and capabili- subsection or the policy described in sub- and use of safe and appropriate child care ties of each individual; and section (c); and and before-school and after-school programs, (17) as the Nation, States, and commu- (C) other nationally significant activities. in the most integrated settings, in order to OLICY.—It is the policy of the United nities maintain and expand community liv- (c) P enrich the participation of the children in States that all programs, projects, and ac- ing options for individuals with develop- community life; tivities receiving assistance under this title mental disabilities, there is a need to evalu- (11) individuals with developmental dis- shall be carried out in a manner consistent ate the access to those options by individ- abilities need to have access to and use of with the principles that— uals with developmental disabilities and the public transportation, in order to be inde- (1) individuals with developmental disabil- effects of those options on individuals with ities, including those with the most severe pendent and directly contribute to and par- developmental disabilities. developmental disabilities, are capable of ticipate in all facets of community life; and (b) PURPOSE.—The purpose of this title is self-determination, independence, produc- (12) individuals with developmental dis- to assure that individuals with develop- tivity, and integration and inclusion in all abilities need to have access to and use of mental disabilities and their families par- facets of community life, but often require recreational, leisure, and social opportuni- ticipate in the design of and have access to the provision of community services, indi- ties in the most integrated settings, in order needed community services, individualized vidualized supports, and other forms of as- to enrich their participation in community supports, and other forms of assistance that sistance; life. promote self-determination, independence, (2) individuals with developmental disabil- SEC. 102. DEFINITIONS. productivity, and integration and inclusion ities and their families have competencies, in all facets of community life, through cul- capabilities, and personal goals that should In this title: turally competent programs authorized be recognized, supported, and encouraged, (1) AMERICAN INDIAN CONSORTIUM.—The under this title, including specifically— and any assistance to such individuals term ‘‘American Indian Consortium’’ means (1) State Councils on Developmental Dis- should be provided in an individualized man- any confederation of 2 or more recognized abilities in each State to engage in advo- ner, consistent with the unique strengths, American Indian tribes, created through the cacy, capacity building, and systemic change resources, priorities, concerns, abilities, and official action of each participating tribe, activities that— capabilities of such individuals; that has a combined total resident popu- (A) are consistent with the purpose de- (3) individuals with developmental disabil- lation of 150,000 enrolled tribal members and scribed in this subsection and the policy de- ities and their families are the primary deci- a contiguous territory of Indian lands in 2 or scribed in subsection (c); and sionmakers regarding the services and sup- more States. (B) contribute to a coordinated, consumer- ports such individuals and their families re- (2) AREAS OF EMPHASIS.—The term ‘‘areas and family-centered, consumer- and family- ceive, including regarding choosing where of emphasis’’ means the areas related to directed, comprehensive system that in- the individuals live from available options, quality assurance activities, education ac- cludes needed community services, individ- and play decisionmaking roles in policies tivities and early intervention activities, ualized supports, and other forms of assist- and programs that affect the lives of such in- child care-related activities, health-related ance that promote self-determination for in- dividuals and their families; activities, employment-related activities, dividuals with developmental disabilities (4) services, supports, and other assistance housing-related activities, transportation-re- and their families; should be provided in a manner that dem- lated activities, recreation-related activi- (2) protection and advocacy systems in onstrates respect for individual dignity, per- ties, and other services available or offered each State to protect the legal and human sonal preferences, and cultural differences; to individuals in a community, including for- rights of individuals with developmental dis- (5) specific efforts must be made to ensure mal and informal community supports, that abilities; that individuals with developmental disabil- affect their quality of life. (3) University Centers for Excellence in De- ities from racial and ethnic minority back- (3) ASSISTIVE TECHNOLOGY DEVICE.—The velopmental Disabilities Education, Re- grounds and their families enjoy increased term ‘‘assistive technology device’’ means search, and Service— and meaningful opportunities to access and any item, piece of equipment, or product sys- (A) to provide interdisciplinary pre-service use community services, individualized sup- tem, whether acquired commercially, modi- preparation and continuing education of stu- ports, and other forms of assistance avail- fied or customized, that is used to increase, dents and fellows, which may include the able to other individuals with developmental maintain, or improve functional capabilities preparation and continuing education of disabilities and their families; of individuals with developmental disabil- leadership, direct service, clinical, or other (6) recruitment efforts in disciplines re- ities. personnel to strengthen and increase the ca- lated to developmental disabilities relating (4) ASSISTIVE TECHNOLOGY SERVICE.—The pacity of States and communities to achieve to pre-service training, community training, term ‘‘assistive technology service’’ means the purpose of this title; practice, administration, and policymaking any service that directly assists an indi- (B) to provide community services— must focus on bringing larger numbers of ra- vidual with a developmental disability in the (i) that provide training and technical as- cial and ethnic minorities into the dis- selection, acquisition, or use of an assistive sistance for individuals with developmental ciplines in order to provide appropriate technology device. Such term includes— disabilities, their families, professionals, skills, knowledge, role models, and sufficient (A) conducting an evaluation of the needs paraprofessionals, policymakers, students, personnel to address the growing needs of an of an individual with a developmental dis- and other members of the community; and increasingly diverse population; ability, including a functional evaluation of (ii) that may provide services, supports, (7) with education and support, commu- the individual in the individual’s customary and assistance for the persons described in nities can be accessible to and responsive to environment;

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00076 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22233 (B) purchasing, leasing, or otherwise pro- subparagraph (A) if the individual, without (B) live in homes close to community re- viding for the acquisition of an assistive services and supports, has a high probability sources, with regular contact with individ- technology device by an individual with a de- of meeting those criteria later in life. uals without disabilities in their commu- velopmental disability; (9) EARLY INTERVENTION ACTIVITIES.—The nities; (C) selecting, designing, fitting, custom- term ‘‘early intervention activities’’ means (C) enjoy full access to and active partici- izing, adapting, applying, maintaining, re- advocacy, capacity building, and systemic pation in the same community activities and pairing or replacing an assistive technology change activities provided to individuals de- types of employment as individuals without device; scribed in paragraph (8)(B) and their families disabilities; and (D) coordinating and using another ther- to enhance— (D) take full advantage of their integration apy, intervention, or service with an assist- (A) the development of the individuals to into the same community resources as indi- ive technology device, such as a therapy, maximize their potential; and viduals without disabilities, living, learning, intervention, or service associated with an (B) the capacity of families to meet the working, and enjoying life in regular contact education or rehabilitation plan or program; special needs of the individuals. with individuals without disabilities. (E) providing training or technical assist- (10) EDUCATION ACTIVITIES.—The term (16) INDIVIDUALIZED SUPPORTS.—The term ance for an individual with a developmental ‘‘education activities’’ means advocacy, ca- ‘‘individualized supports’’ means supports disability, or, where appropriate, a family pacity building, and systemic change activi- that— member, guardian, advocate, or authorized ties that result in individuals with develop- (A) enable an individual with a develop- representative of an individual with a devel- mental disabilities being able to access ap- mental disability to exercise self-determina- opmental disability; and propriate supports and modifications when tion, be independent, be productive, and be (F) providing training or technical assist- necessary, to maximize their educational po- integrated and included in all facets of com- ance for professionals (including individuals tential, to benefit from lifelong educational munity life; providing education and rehabilitation serv- activities, and to be integrated and included (B) are designed to— ices), employers, or other individuals who in all facets of student life. (i) enable such individual to control such provide services to, employ, or are otherwise (11) EMPLOYMENT-RELATED ACTIVITIES.—The individual’s environment, permitting the substantially involved in the major life func- term ‘‘employment-related activities’’ most independent life possible; tions of, an individual with developmental means advocacy, capacity building, and sys- (ii) prevent placement into a more restric- disabilities. temic change activities that result in indi- tive living arrangement than is necessary; (5) CENTER.—The term ‘‘Center’’ means a viduals with developmental disabilities ac- and University Center for Excellence in Develop- quiring, retaining, or advancing in paid em- (iii) enable such individual to live, learn, mental Disabilities Education, Research, and ployment, including supported employment work, and enjoy life in the community; and Service established under subtitle D. or self-employment, in integrated settings in (C) include— (i) early intervention services; (6) CHILD CARE-RELATED ACTIVITIES.—The a community. (ii) respite care; term ‘‘child care-related activities’’ means (12) FAMILY SUPPORT SERVICES.— (iii) personal assistance services; advocacy, capacity building, and systemic (A) IN GENERAL.—The term ‘‘family support change activities that result in families of services’’ means services, supports, and other (iv) family support services; children with developmental disabilities hav- assistance, provided to families with mem- (v) supported employment services; (vi) support services for families headed by ing access to and use of child care services, bers who have developmental disabilities, aging caregivers of individuals with develop- including before-school, after-school, and that are designed to— mental disabilities; and out-of-school services, in their communities. (i) strengthen the family’s role as primary (vii) provision of rehabilitation technology (7) CULTURALLY COMPETENT.—The term caregiver; and assistive technology, and assistive tech- ‘‘culturally competent’’, used with respect to (ii) prevent inappropriate out-of-the-home nology services. services, supports, or other assistance, placement of the members and maintain (17) INTEGRATION.—The term ‘‘integra- means services, supports, or other assistance family unity; and tion’’, used with respect to individuals with that is conducted or provided in a manner (iii) reunite families with members who developmental disabilities, means exercising that is responsive to the beliefs, inter- have been placed out of the home whenever the equal right of individuals with develop- personal styles, attitudes, language, and be- possible. mental disabilities to access and use the haviors of individuals who are receiving the (B) SPECIFIC SERVICES.—Such term includes same community resources as are used by services, supports, or other assistance, and respite care, provision of rehabilitation tech- and available to other individuals. in a manner that has the greatest likelihood nology and assistive technology, personal as- (18) NOT-FOR-PROFIT.—The term ‘‘not-for- of ensuring their maximum participation in sistance services, parent training and coun- profit’’, used with respect to an agency, in- the program involved. seling, support for families headed by aging stitution, or organization, means an agency, (8) DEVELOPMENTAL DISABILITY.— caregivers, vehicular and home modifica- institution, or organization that is owned or (A) IN GENERAL.—The term ‘‘developmental tions, and assistance with extraordinary ex- operated by 1 or more corporations or asso- disability’’ means a severe, chronic dis- penses, associated with the needs of individ- ciations, no part of the net earnings of which ability of an individual that— uals with developmental disabilities. inures, or may lawfully inure, to the benefit (i) is attributable to a mental or physical (13) HEALTH-RELATED ACTIVITIES.—The of any private shareholder or individual. impairment or combination of mental and term ‘‘health-related activities’’ means ad- (19) PERSONAL ASSISTANCE SERVICES.—The physical impairments; vocacy, capacity building, and systemic term ‘‘personal assistance services’’ means a (ii) is manifested before the individual at- change activities that result in individuals range of services, provided by 1 or more indi- tains age 22; with developmental disabilities having ac- viduals, designed to assist an individual with (iii) is likely to continue indefinitely; cess to and use of coordinated health, dental, a disability to perform daily activities, in- (iv) results in substantial functional limi- mental health, and other human and social cluding activities on or off a job that such tations in 3 or more of the following areas of services, including prevention activities, in individual would typically perform if such major life activity: their communities. individual did not have a disability. Such (I) Self-care. (14) HOUSING-RELATED ACTIVITIES.—The services shall be designed to increase such (II) Receptive and expressive language. term ‘‘housing-related activities’’ means ad- individual’s control in life and ability to per- (III) Learning. vocacy, capacity building, and systemic form everyday activities, including activi- (IV) Mobility. change activities that result in individuals ties on or off a job. (V) Self-direction. with developmental disabilities having ac- (20) PREVENTION ACTIVITIES.—The term (VI) Capacity for independent living. cess to and use of housing and housing sup- ‘‘prevention activities’’ means activities (VII) Economic self-sufficiency; and ports and services in their communities, in- that address the causes of developmental dis- (v) reflects the individual’s need for a com- cluding assistance related to renting, own- abilities and the exacerbation of functional bination and sequence of special, inter- ing, or modifying an apartment or home. limitation, such as activities that— disciplinary, or generic services, individual- (15) INCLUSION.—The term ‘‘inclusion’’, (A) eliminate or reduce the factors that ized supports, or other forms of assistance used with respect to individuals with devel- cause or predispose individuals to develop- that are of lifelong or extended duration and opmental disabilities, means the acceptance mental disabilities or that increase the prev- are individually planned and coordinated. and encouragement of the presence and par- alence of developmental disabilities; (B) INFANTS AND YOUNG CHILDREN.—An indi- ticipation of individuals with developmental (B) increase the early identification of vidual from birth to age 9, inclusive, who has disabilities, by individuals without disabil- problems to eliminate circumstances that a substantial developmental delay or specific ities, in social, educational, work, and com- create or increase functional limitations; congenital or acquired condition, may be munity activities, that enables individuals and considered to have a developmental dis- with developmental disabilities to— (C) mitigate against the effects of develop- ability without meeting 3 or more of the cri- (A) have friendships and relationships with mental disabilities throughout the lifespan teria described in clauses (i) through (v) of individuals and families of their own choice; of an individual.

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(21) PRODUCTIVITY.—The term ‘‘produc- (D) opportunities to participate in, and D and determine the extent to which the en- tivity’’ means— contribute to, their communities; and tities have been responsive to the purpose of (A) engagement in income-producing work (E) support, including financial support, to this title and have taken actions consistent that is measured by increased income, im- advocate for themselves and others, to de- with the policy described in section 101(c), proved employment status, or job advance- velop leadership skills, through training in the Secretary shall develop and implement ment; or self-advocacy, to participate in coalitions, to an accountability process as described in (B) engagement in work that contributes educate policymakers, and to play a role in this subsection, with respect to activities to a household or community. the development of public policies that af- conducted after October 1, 2000. (22) PROTECTION AND ADVOCACY SYSTEM.— fect individuals with developmental disabil- (2) AREAS OF EMPHASIS.—The Secretary The term ‘‘protection and advocacy system’’ ities. shall develop a process for identifying and means a protection and advocacy system es- (28) STATE.—The term ‘‘State’’, except as reporting (pursuant to section 105) on tablished in accordance with section 143. otherwise provided, includes, in addition to progress achieved through advocacy, capac- (23) QUALITY ASSURANCE ACTIVITIES.—The each of the several States of the United ity building, and systemic change activities, term ‘‘quality assurance activities’’ means States, the District of Columbia, the Com- undertaken by the entities described in para- advocacy, capacity building, and systemic monwealth of Puerto Rico, the United States graph (1), that resulted in individuals with change activities that result in improved Virgin Islands, Guam, American Samoa, and developmental disabilities and their families consumer- and family-centered quality as- the Commonwealth of the Northern Mariana participating in the design of and having ac- surance and that result in systems of quality Islands. cess to needed community services, individ- assurance and consumer protection that— (29) STATE COUNCIL ON DEVELOPMENTAL DIS- ualized supports, and other forms of assist- (A) include monitoring of services, sup- ABILITIES.—The term ‘‘State Council on De- ance that promote self-determination, inde- ports, and assistance provided to an indi- velopmental Disabilities’’ means a Council pendence, productivity, and integration and vidual with developmental disabilities that established under section 125. inclusion in all facets of community life. ensures that the individual— (30) SUPPORTED EMPLOYMENT SERVICES.— Specifically, the Secretary shall develop a (i) will not experience abuse, neglect, sex- The term ‘‘supported employment services’’ process for identifying and reporting on ual or financial exploitation, or violation of means services that enable individuals with progress achieved, through advocacy, capac- legal or human rights; and developmental disabilities to perform com- ity building, and systemic change activities, (ii) will not be subject to the inappropriate petitive work in integrated work settings, in by the entities in the areas of emphasis. use of restraints or seclusion; the case of individuals with developmental (3) INDICATORS OF PROGRESS.— (B) include training in leadership, self-ad- disabilities— (A) IN GENERAL.—In identifying progress vocacy, and self-determination for individ- (A)(i) for whom competitive employment made by the entities described in paragraph uals with developmental disabilities, their has not traditionally occurred; or (1) in the areas of emphasis, the Secretary, families, and their guardians to ensure that (ii) for whom competitive employment has in consultation with the Commissioner of those individuals— been interrupted or intermittent as a result the Administration on Developmental Dis- (i) will not experience abuse, neglect, sex- of significant disabilities; and abilities and the entities, shall develop indi- ual or financial exploitation, or violation of (B) who, because of the nature and severity cators for each area of emphasis. (B) PROPOSED INDICATORS.—Not later than legal or human rights; and of their disabilities, need intensive supported 180 days after the date of enactment of this (ii) will not be subject to the inappropriate employment services or extended services in Act, the Secretary shall develop and publish use of restraints or seclusion; or order to perform such work. in the Federal Register for public comment (C) include activities related to inter- (31) TRANSPORTATION-RELATED ACTIVITIES.— proposed indicators of progress for moni- agency coordination and systems integration The term ‘‘transportation-related activities’’ toring how entities described in paragraph that result in improved and enhanced serv- means advocacy, capacity building, and sys- (1) have addressed the areas of emphasis de- ices, supports, and other assistance that con- temic change activities that result in indi- scribed in paragraph (2) in a manner that is tribute to and protect the self-determina- viduals with developmental disabilities hav- responsive to the purpose of this title and tion, independence, productivity, and inte- ing access to and use of transportation. consistent with the policy described in sec- (32) UNSERVED AND UNDERSERVED.—The gration and inclusion in all facets of commu- tion 101(c). nity life, of individuals with developmental term ‘‘unserved and underserved’’ includes (C) FINAL INDICATORS.—Not later than Oc- disabilities. populations such as individuals from racial tober 1, 2000, the Secretary shall revise the (24) RECREATION-RELATED ACTIVITIES.—The and ethnic minority backgrounds, disadvan- proposed indicators of progress, to the extent term ‘‘recreation-related activities’’ means taged individuals, individuals with limited necessary based on public comment, and pub- advocacy, capacity building, and systemic English proficiency, individuals from under- lish final indicators of progress in the Fed- change activities that result in individuals served geographic areas (rural or urban), and eral Register. with developmental disabilities having ac- specific groups of individuals within the pop- (D) SPECIFIC MEASURES.—At a minimum, cess to and use of recreational, leisure, and ulation of individuals with developmental the indicators of progress shall be used to de- social activities, in their communities. disabilities, including individuals who re- scribe and measure— (25) REHABILITATION TECHNOLOGY.—The quire assistive technology in order to par- (i) the satisfaction of individuals with de- term ‘‘rehabilitation technology’’ means the ticipate in and contribute to community life. velopmental disabilities with the advocacy, systematic application of technologies, engi- SEC. 103. RECORDS AND AUDITS. capacity building, and systemic change ac- neering methodologies, or scientific prin- (a) RECORDS.—Each recipient of assistance tivities provided under subtitles B, C, and D; ciples to meet the needs of, and address the under this title shall keep such records as (ii) the extent to which the advocacy, ca- barriers confronted by, individuals with de- the Secretary shall prescribe, including— pacity building, and systemic change activi- velopmental disabilities in areas that in- (1) records that fully disclose— ties provided through subtitles B, C, and D clude education, rehabilitation, employ- (A) the amount and disposition by such re- result in improvements in— ment, transportation, independent living, cipient of the assistance; (I) the ability of individuals with develop- and recreation. Such term includes rehabili- (B) the total cost of the project or under- mental disabilities to make choices and tation engineering, and the provision of as- taking in connection with which such assist- exert control over the type, intensity, and sistive technology devices and assistive tech- ance is given or used; and timing of services, supports, and assistance nology services. (C) the amount of that portion of the cost that the individuals have used; (26) SECRETARY.—The term ‘‘Secretary’’ of the project or undertaking that is supplied (II) the ability of individuals with develop- means the Secretary of Health and Human by other sources; and mental disabilities to participate in the full Services. (2) such other records as will facilitate an range of community life with persons of the (27) SELF-DETERMINATION ACTIVITIES.—The effective audit. individuals’ choice; and term ‘‘self-determination activities’’ means (b) ACCESS.—The Secretary and the Comp- (III) the ability of individuals with devel- activities that result in individuals with de- troller General of the United States, or any opmental disabilities to access services, sup- velopmental disabilities, with appropriate of their duly authorized representatives, ports, and assistance in a manner that en- assistance, having— shall have access for the purpose of audit and sures that such an individual is free from (A) the ability and opportunity to commu- examination to any books, documents, pa- abuse, neglect, sexual and financial exploi- nicate and make personal decisions; pers, and records of the recipients of assist- tation, violation of legal and human rights, (B) the ability and opportunity to commu- ance under this title that are pertinent to and the inappropriate use of restraints and nicate choices and exercise control over the such assistance. seclusion; and type and intensity of services, supports, and SEC. 104. RESPONSIBILITIES OF THE SECRETARY. (iii) the extent to which the entities de- other assistance the individuals receive; (a) PROGRAM ACCOUNTABILITY.— scribed in paragraph (1) collaborate with (C) the authority to control resources to (1) IN GENERAL.—In order to monitor enti- each other to achieve the purpose of this obtain needed services, supports, and other ties that received funds under this Act to title and the policy described in section assistance; carry out activities under subtitles B, C, and 101(c).

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(4) TIME LINE FOR COMPLIANCE WITH INDICA- affect individuals with disabilities other (ii) provision to such individuals of appro- TORS OF PROGRESS.—The Secretary shall re- than individuals with developmental disabil- priate and sufficient medical and dental quire entities described in paragraph (1) to ities; services; meet the indicators of progress described in (2) information on the extent to which pro- (iii) prohibition of the use of physical re- paragraph (3). For fiscal year 2001 and each grams authorized under this title have ad- straint and seclusion for such an individual year thereafter, the Secretary shall apply dressed— unless absolutely necessary to ensure the the indicators in monitoring entities de- (A) protecting individuals with develop- immediate physical safety of the individual scribed in paragraph (1), with respect to ac- mental disabilities from abuse, neglect, sex- or others, and prohibition of the use of such tivities conducted after October 1, 2000. ual and financial exploitation, and violations restraint and seclusion as a punishment or (b) TIME LINE FOR REGULATIONS.—Except as of legal and human rights, so that those indi- as a substitute for a habilitation program; otherwise expressly provided in this title, viduals are at no greater risk of harm than (iv) prohibition of the excessive use of the Secretary, not later than 1 year after the other persons in the general population; and chemical restraints on such individuals and date of enactment of this Act, shall promul- (B) reports of deaths of and serious injuries the use of such restraints as punishment or gate such regulations as may be required for to individuals with developmental disabil- as a substitute for a habilitation program or the implementation of this title. ities; and in quantities that interfere with services, (c) INTERAGENCY COMMITTEE.— (3) a summary of any incidents of non- treatment, or habilitation for such individ- (1) IN GENERAL.—The Secretary shall main- compliance of the programs authorized under uals; and tain the interagency committee authorized this title with the provisions of this title, (v) provision for close relatives or guard- in section 108 of the Developmental Disabil- and corrections made or actions taken to ob- ians of such individuals to visit the individ- ities Assistance and Bill of Rights Act (42 tain compliance. uals without prior notice. U.S.C. 6007) as in effect on the day before the SEC. 106. STATE CONTROL OF OPERATIONS. (4) All programs for individuals with devel- date of enactment of this Act, except as oth- Except as otherwise specifically provided, opmental disabilities should meet stand- erwise provided in this subsection. nothing in this title shall be construed as ards— (2) COMPOSITION.—The interagency com- conferring on any Federal officer or em- (A) that are designed to assure the most fa- mittee shall be composed of representatives ployee the right to exercise any supervision vorable possible outcome for those served; of— or control over the administration, per- and (A) the Administration on Developmental sonnel, maintenance, or operation of any (B)(i) in the case of residential programs Disabilities, the Administration on Children, programs, services, and supports for individ- serving individuals in need of comprehensive Youth, and Families, the Administration on uals with developmental disabilities with re- health-related, habilitative, assistive tech- Aging, and the Health Resources and Serv- spect to which any funds have been or may ices Administration, of the Department of nology or rehabilitative services, that are at be expended under this title. least equivalent to those standards applica- Health and Human Services; and SEC. 107. EMPLOYMENT OF INDIVIDUALS WITH (B) such other Federal departments and ble to intermediate care facilities for the DISABILITIES. mentally retarded, promulgated in regula- agencies as the Secretary of Health and As a condition of providing assistance tions of the Secretary on June 3, 1988, as ap- Human Services considers to be appropriate. under this title, the Secretary shall require propriate, taking into account the size of the (3) DUTIES.—Such interagency committee that each recipient of such assistance take institutions and the service delivery ar- shall meet regularly to coordinate and plan affirmative action to employ and advance in rangements of the facilities of the programs; activities conducted by Federal departments employment qualified individuals with dis- and agencies for individuals with develop- abilities on the same terms and conditions (ii) in the case of other residential pro- mental disabilities. required with respect to the employment of grams for individuals with developmental (4) MEETINGS.—Each meeting of the inter- such individuals under the provisions of title disabilities, that assure that— agency committee (except for any meetings V of the Rehabilitation Act of 1973 (29 U.S.C. (I) care is appropriate to the needs of the of any subcommittees of the committee) 791 et seq.) and the Americans with Disabil- individuals being served by such programs; shall be open to the public. Notice of each ities Act of 1990 (42 U.S.C. 12101 et seq.), that (II) the individuals admitted to facilities of meeting, and a statement of the agenda for govern employment. such programs are individuals whose needs the meeting, shall be published in the Fed- SEC. 108. CONSTRUCTION. can be met through services provided by eral Register not later than 14 days before Nothing in this title shall be construed to such facilities; and the date on which the meeting is to occur. preclude an entity funded under this title (III) the facilities of such programs provide SEC. 105. REPORTS OF THE SECRETARY. from engaging in advocacy, capacity build- for the humane care of the residents of the At least once every 2 years, the Secretary, ing, and systemic change activities for indi- facilities, are sanitary, and protect their using information submitted in the reports viduals with developmental disabilities that rights; and and information required under subtitles B, may also have a positive impact on individ- (iii) in the case of nonresidential programs, C, D, and E, shall prepare and submit to the uals with other disabilities. that assure that the care provided by such President, Congress, and the National Coun- SEC. 109. RIGHTS OF INDIVIDUALS WITH DEVEL- programs is appropriate to the individuals cil on Disability, a report that describes the OPMENTAL DISABILITIES. served by the programs. goals and outcomes of programs supported (a) IN GENERAL.—Congress makes the fol- (b) CLARIFICATION.—The rights of individ- under subtitles B, C, D, and E. In preparing lowing findings respecting the rights of indi- uals with developmental disabilities de- the report, the Secretary shall provide— viduals with developmental disabilities: scribed in findings made in this section shall (1) meaningful examples of how the coun- (1) Individuals with developmental disabil- be considered to be in addition to any con- cils, protection and advocacy systems, cen- ities have a right to appropriate treatment, stitutional or other rights otherwise afforded ters, and entities funded under subtitles B, services, and habilitation for such disabil- to all individuals. C, D, and E, respectively— ities, consistent with section 101(c). Subtitle B—Federal Assistance to State (A) have undertaken coordinated activities (2) The treatment, services, and habitation Councils on Developmental Disabilities with each other; for an individual with developmental disabil- SEC. 121. PURPOSE. (B) have enhanced the ability of individ- ities should be designed to maximize the po- The purpose of this subtitle is to provide uals with developmental disabilities and tential of the individual and should be pro- for allotments to support State Councils on their families to participate in the design of vided in the setting that is least restrictive Developmental Disabilities (referred to indi- and have access to needed community serv- of the individual’s personal liberty. vidually in this subtitle as a ‘‘Council’’) in ices, individualized supports, and other (3) The Federal Government and the States each State to— forms of assistance that promote self-deter- both have an obligation to ensure that public (1) engage in advocacy, capacity building, mination, independence, productivity, and funds are provided only to institutional pro- and systemic change activities that are con- integration and inclusion in all facets of grams, residential programs, and other com- sistent with the purpose described in section community life; munity programs, including educational pro- 101(b) and the policy described in section (C) have brought about advocacy, capacity grams in which individuals with develop- 101(c); and building, and systemic change activities (in- mental disabilities participate, that— (2) contribute to a coordinated, consumer- cluding policy reform), and other actions on (A) provide treatment, services, and habili- and family-centered, consumer- and family- behalf of individuals with developmental dis- tation that are appropriate to the needs of directed, comprehensive system of commu- abilities and their families, including indi- such individuals; and nity services, individualized supports, and viduals who are traditionally unserved or un- (B) meet minimum standards relating to— other forms of assistance that enable indi- derserved, particularly individuals who are (i) provision of care that is free of abuse, viduals with developmental disabilities to members of ethnic and racial minority neglect, sexual and financial exploitation, exercise self-determination, be independent, groups and individuals from underserved geo- and violations of legal and human rights and be productive, and be integrated and in- graphic areas; and that subjects individuals with developmental cluded in all facets of community life. (D) have brought about advocacy, capacity disabilities to no greater risk of harm than SEC. 122. STATE ALLOTMENTS. building, and systemic change activities that others in the general population; (a) ALLOTMENTS.—

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(1) IN GENERAL.— than the most recent percentage change in SEC. 123. PAYMENTS TO THE STATES FOR PLAN- (A) AUTHORITY.—For each fiscal year, the the Consumer Price Index published by the NING, ADMINISTRATION, AND SERV- Secretary shall, in accordance with regula- Secretary of Labor under section 100(c)(1) of ICES. tions and this paragraph, allot the sums ap- the Rehabilitation Act of 1973 (29 U.S.C. (a) STATE PLAN EXPENDITURES.—From each propriated for such year under section 129 720(c)(1)) (if the percentage change indicates State’s allotments for a fiscal year under among the States on the basis of— an increase), the Secretary shall increase section 122, the Secretary shall pay to the (i) the population; each of the minimum allotments described State the Federal share of the cost, other (ii) the extent of need for services for indi- in paragraphs (3) and (4). The Secretary shall than the cost for construction, incurred dur- viduals with developmental disabilities; and increase each minimum allotment by an ing such year for activities carried out under (iii) the financial need, amount that bears the same ratio to the the State plan approved under section 124. of the respective States. amount of such minimum allotment (includ- The Secretary shall make such payments (B) USE OF FUNDS.—Sums allotted to the ing any increases in such minimum allot- from time to time in advance on the basis of States under this section shall be used to ment under this paragraph (or a cor- estimates by the Secretary of the sums the pay for the Federal share of the cost of car- responding provision) for prior fiscal years) State will expend for the cost under the rying out projects in accordance with State as the amount that is equal to the difference State plan. The Secretary shall make such plans approved under section 124 for the pro- between— adjustments as may be necessary to the pay- vision under such plans of services for indi- (A) the total amount appropriated under ments on account of previously made under- viduals with developmental disabilities. section 129 for the fiscal year for which the payments or overpayments under this sec- (2) ADJUSTMENTS.—The Secretary may increase in the minimum allotment is being tion. make adjustments in the amounts of State made; minus (b) DESIGNATED STATE AGENCY EXPENDI- allotments based on clauses (i), (ii), and (iii) (B) the total amount appropriated under TURES.—The Secretary may make payments of paragraph (1)(A) not more often than an- section 129 (or a corresponding provision) for to a State for the portion described in sec- nually. The Secretary shall notify each the immediately preceding fiscal year, tion 124(c)(5)(B)(vi) in advance or by way of State of any adjustment made under this bears to the total amount appropriated reimbursement, and in such installments as paragraph and the percentage of the total under section 129 (or a corresponding provi- the Secretary may determine. sums appropriated under section 129 that the sion) for such preceding fiscal year. SEC. 124. STATE PLAN. adjusted allotment represents not later than (b) UNOBLIGATED FUNDS.—Any amount paid (a) IN GENERAL.—Any State desiring to re- 6 months before the beginning of the fiscal to a State for a fiscal year and remaining un- year in which such adjustment is to take ef- ceive assistance under this subtitle shall obligated at the end of such year shall re- submit to the Secretary, and obtain approval fect. main available to such State for the next fis- INIMUM ALLOTMENT FOR APPROPRIA- of, a 5-year strategic State plan under this (3) M cal year for the purposes for which such TIONS LESS THAN OR EQUAL TO $70,000,000.— section. amount was paid. (A) IN GENERAL.—Except as provided in (b) PLANNING CYCLE.—The plan described in paragraph (4), for any fiscal year the allot- (c) OBLIGATION OF FUNDS.—For the pur- subsection (a) shall be updated as appro- ment under this section— poses of this subtitle, State Interagency priate during the 5-year period. Agreements are considered valid obligations (i) to each of American Samoa, Guam, the (c) STATE PLAN REQUIREMENTS.—In order United States Virgin Islands, or the Com- for the purpose of obligating Federal funds to be approved by the Secretary under this monwealth of the Northern Mariana Islands allotted to the State under this subtitle. section, a State plan shall meet each of the may not be less than $210,000; and (d) COOPERATIVE EFFORTS BETWEEN following requirements: (ii) to any State not described in clause (i) STATES.—If a State plan approved in accord- (1) STATE COUNCIL.—The plan shall provide may not be less than $400,000. ance with section 124 provides for coopera- for the establishment and maintenance of a (B) REDUCTION OF ALLOTMENT.—Notwith- tive or joint effort between or among States Council in accordance with section 125 and standing subparagraph (A), if the aggregate or agencies, public or private, in more than describe the membership of such Council. of the amounts to be allotted to the States 1 State, portions of funds allotted to 1 or (2) DESIGNATED STATE AGENCY.—The plan pursuant to subparagraph (A) for any fiscal more States described in this subsection may shall identify the agency or office within the year exceeds the total amount appropriated be combined in accordance with the agree- State designated to support the Council in under section 129 for such fiscal year, the ments between the States or agencies in- accordance with this section and section amount to be allotted to each State for such volved. 125(d) (referred to in this subtitle as a ‘‘des- fiscal year shall be proportionately reduced. (e) REALLOTMENTS.— ignated State agency’’). (4) MINIMUM ALLOTMENT FOR APPROPRIA- (1) IN GENERAL.—If the Secretary deter- (3) COMPREHENSIVE REVIEW AND ANALYSIS.— TIONS IN EXCESS OF $70,000,000.— mines that an amount of an allotment to a The plan shall describe the results of a com- (A) IN GENERAL.—In any case in which the State for a period (of a fiscal year or longer) prehensive review and analysis of the extent total amount appropriated under section 129 will not be required by the State during the to which services, supports, and other assist- for a fiscal year is more than $70,000,000, the period for the purpose for which the allot- ance are available to individuals with devel- allotment under this section for such fiscal ment was made, the Secretary may reallot opmental disabilities and their families, and year— the amount. the extent of unmet needs for services, sup- (i) to each of American Samoa, Guam, the (2) TIMING.—The Secretary may make such ports, and other assistance for those individ- United States Virgin Islands, or the Com- a reallotment from time to time, on such uals and their families, in the State. The re- monwealth of the Northern Mariana Islands date as the Secretary may fix, but not ear- sults of the comprehensive review and anal- may not be less than $220,000; and lier than 30 days after the Secretary has pub- ysis shall include— (ii) to any State not described in clause (i) lished notice of the intention of the Sec- (A) a description of the services, supports, may not be less than $450,000. retary to make the reallotment in the Fed- and other assistance being provided to indi- (B) REDUCTION OF ALLOTMENT.—The re- eral Register. viduals with developmental disabilities and quirements of paragraph (3)(B) shall apply (3) AMOUNTS.—The Secretary shall reallot their families under other federally assisted with respect to amounts to be allotted to the amount to other States with respect to State programs, plans, and policies under States under subparagraph (A), in the same which the Secretary has not made that de- which the State operates and in which indi- manner and to the same extent as such re- termination. The Secretary shall reallot the viduals with developmental disabilities are quirements apply with respect to amounts to amount in proportion to the original allot- or may be eligible to participate, including be allotted to States under paragraph (3)(A). ments of the other States for such fiscal particularly programs relating to the areas (5) STATE SUPPORTS, SERVICES, AND OTHER year, but shall reduce such proportionate of emphasis, including— ACTIVITIES.—In determining, for purposes of amount for any of the other States to the ex- (i) medical assistance, maternal and child paragraph (1)(A)(ii), the extent of need in tent the proportionate amount exceeds the health care, services for children with spe- any State for services for individuals with sum that the Secretary estimates the State cial health care needs, children’s mental developmental disabilities, the Secretary needs and will be able to use during such pe- health services, comprehensive health and shall take into account the scope and extent riod. mental health services, and institutional of the services, supports, and assistance de- (4) REALLOTMENT OF REDUCTIONS.—The Sec- care options; scribed, pursuant to section 124(c)(3)(A), in retary shall similarly reallot the total of the (ii) job training, job placement, worksite the State plan of the State. reductions among the States whose propor- accommodation, and vocational rehabilita- (6) INCREASE IN ALLOTMENTS.—In any year tionate amounts were not so reduced. tion, and other work assistance programs; in which the total amount appropriated (5) TREATMENT.—Any amount reallotted to and under section 129 for a fiscal year exceeds the a State under this subsection for a fiscal (iii) social, child welfare, aging, inde- total amount appropriated under such sec- year shall be deemed to be a part of the al- pendent living, and rehabilitation and assist- tion (or a corresponding provision) for the lotment of the State under subsection (a) for ive technology services, and such other serv- preceding fiscal year by a percentage greater such fiscal year. ices as the Secretary may specify;

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00080 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22237 (B) a description of the extent to which (A) specifying 5-year goals, as developed be reasonable State financial participation agencies operating such other federally as- through data driven strategic planning, for in the cost of carrying out the plan. sisted State programs, including activities advocacy, capacity building, and systemic (D) CONFLICT OF INTEREST.—The plan shall authorized under section 101 or 102 of the As- change related to the areas of emphasis, to provide an assurance that no member of such sistive Technology Act of 1998 (29 U.S.C. 3011, be undertaken by the Council, that— Council will cast a vote on any matter that 3012), pursue interagency initiatives to im- (i) are derived from the unmet needs of in- would provide direct financial benefit to the prove and enhance community services, indi- dividuals with developmental disabilities member or otherwise give the appearance of vidualized supports, and other forms of as- and their families identified under paragraph a conflict of interest. sistance for individuals with developmental (3); and (E) URBAN AND RURAL POVERTY AREAS.—The disabilities; (ii) include a goal, for each year of the plan shall provide assurances that special fi- (C) an analysis of the extent to which com- grant, to— nancial and technical assistance will be munity services and opportunities related to (I) establish or strengthen a program for given to organizations that provide commu- the areas of emphasis directly benefit indi- the direct funding of a State self-advocacy nity services, individualized supports, and viduals with developmental disabilities, es- organization led by individuals with develop- other forms of assistance to individuals with pecially with regard to their ability to ac- mental disabilities; developmental disabilities who live in areas cess and use services provided in their com- (II) support opportunities for individuals designated as urban or rural poverty areas. munities, to participate in opportunities, ac- with developmental disabilities who are con- (F) PROGRAM ACCESSIBILITY STANDARDS.— tivities, and events offered in their commu- sidered leaders to provide leadership training The plan shall provide assurances that pro- nities, and to contribute to community life, to individuals with developmental disabil- grams, projects, and activities funded under identifying particularly— ities who may become leaders; and the plan, and the buildings in which such (i) the degree of support for individuals (III) support and expand participation of programs, projects, and activities are oper- with developmental disabilities that are at- individuals with developmental disabilities ated, will meet standards prescribed by the tributable to either physical impairment, in cross-disability and culturally diverse Secretary in regulations and all applicable mental impairment, or a combination of leadership coalitions; and Federal and State accessibility standards, physical and mental impairments; (B) for each year of the grant, describing— including accessibility requirements of the (ii) criteria for eligibility for services, in- (i) the goals to be achieved through the Americans with Disabilities Act of 1990 (42 cluding specialized services and special adap- grant, which, beginning in fiscal year 2001, U.S.C. 12101 et seq.), section 508 of the Reha- tation of generic services provided by agen- shall be consistent with applicable indica- bilitation Act of 1973 (29 U.S.C. 794d), and the cies within the State, that may exclude indi- tors of progress described in section 104(a)(3); Fair Housing Act (42 U.S.C. 3601 et seq.). viduals with developmental disabilities from (ii) the strategies to be used in achieving (G) INDIVIDUALIZED SERVICES.—The plan receiving services described in this clause; each goal; and shall provide assurances that any direct (iii) the barriers that impede full participa- (iii) the method to be used to determine if services provided to individuals with devel- tion of members of unserved and underserved each goal has been achieved. opmental disabilities and funded under the groups of individuals with developmental (5) ASSURANCES.— plan will be provided in an individualized disabilities and their families; (A) IN GENERAL.—The plan shall contain or manner, consistent with the unique be supported by assurances and information (iv) the availability of assistive tech- strengths, resources, priorities, concerns, described in subparagraphs (B) through (N) nology, assistive technology services, or re- abilities, and capabilities of such individual. that are satisfactory to the Secretary. habilitation technology, or information (H) HUMAN RIGHTS.—The plan shall provide (B) USE OF FUNDS.—With respect to the about assistive technology, assistive tech- assurances that the human rights of the in- funds paid to the State under section 122, the nology services, or rehabilitation technology dividuals with developmental disabilities (es- plan shall provide assurances that— to individuals with developmental disabil- pecially individuals without familial protec- (i) not less than 70 percent of such funds ities; tion) who are receiving services under pro- will be expended for activities related to the (v) the numbers of individuals with devel- grams assisted under this subtitle will be goals described in paragraph (4); opmental disabilities on waiting lists for protected consistent with section 109 (relat- (ii) such funds will contribute to the services described in this subparagraph; achievement of the purpose of this subtitle ing to rights of individuals with develop- (vi) a description of the adequacy of cur- in various political subdivisions of the State; mental disabilities). rent resources and projected availability of (iii) such funds will be used to supplement, (I) MINORITY PARTICIPATION.—The plan future resources to fund services described in and not supplant, the non-Federal funds that shall provide assurances that the State has this subparagraph; would otherwise be made available for the taken affirmative steps to assure that par- (vii) a description of the adequacy of purposes for which the funds paid under sec- ticipation in programs funded under this health care and other services, supports, and tion 122 are provided; subtitle is geographically representative of assistance that individuals with develop- (iv) such funds will be used to complement the State, and reflects the diversity of the mental disabilities who are in facilities re- and augment rather than duplicate or re- State with respect to race and ethnicity. ceive (based in part on each independent re- place services for individuals with develop- (J) EMPLOYEE PROTECTIONS.—The plan shall view (pursuant to section 1902(a)(30)(C) of the mental disabilities and their families who provide assurances that fair and equitable Social Security Act (42 U.S.C. are eligible for Federal assistance under arrangements (as determined by the Sec- 1396a(a)(30)(C))) of an Intermediate Care Fa- other State programs; retary after consultation with the Secretary cility (Mental Retardation) within the State, (v) part of such funds will be made avail- of Labor) will be provided to protect the in- which the State shall provide to the Council able by the State to public or private enti- terests of employees affected by actions not later than 30 days after the availability ties; taken under the plan to provide community of the review); and (vi) at the request of any State, a portion living activities, including arrangements de- (viii) to the extent that information is of such funds provided to such State under signed to preserve employee rights and bene- available, a description of the adequacy of this subtitle for any fiscal year shall be fits and provide training and retraining of health care and other services, supports, and available to pay up to 1⁄2 (or the entire such employees where necessary, and ar- assistance that individuals with develop- amount if the Council is the designated rangements under which maximum efforts mental disabilities who are served through State agency) of the expenditures found to will be made to guarantee the employment home and community-based waivers (author- be necessary by the Secretary for the proper of such employees. ized under section 1915(c) of the Social Secu- and efficient exercise of the functions of the (K) STAFF ASSIGNMENTS.—The plan shall rity Act (42 U.S.C. 1396n(c))) receive; designated State agency, except that not provide assurances that the staff and other (D) a description of how entities funded more than 5 percent of such funds provided personnel of the Council, while working for under subtitles C and D, through interagency to such State for any fiscal year, or $50,000, the Council, will be responsible solely for as- agreements or other mechanisms, collabo- whichever is less, shall be made available for sisting the Council in carrying out the duties rated with the entity funded under this sub- total expenditures for such purpose by the of the Council under this subtitle and will title in the State, each other, and other enti- designated State agency; and not be assigned duties by the designated ties to contribute to the achievement of the (vii) not more than 20 percent of such funds State agency, or any other agency, office, or purpose of this subtitle; and will be allocated to the designated State entity of the State. (E) the rationale for the goals related to agency for service demonstrations by such (L) NONINTERFERENCE.—The plan shall pro- advocacy, capacity building, and systemic agency that— vide assurances that the designated State change to be undertaken by the Council to (I) contribute to the achievement of the agency, and any other agency, office, or enti- contribute to the achievement of the purpose purpose of this subtitle; and ty of the State, will not interfere with the of this subtitle. (II) are explicitly authorized by the Coun- advocacy, capacity building, and systemic (4) PLAN GOALS.—The plan shall focus on cil. change activities, budget, personnel, State Council efforts to bring about the purpose of (C) STATE FINANCIAL PARTICIPATION.—The plan development, or plan implementation of this subtitle, by— plan shall provide assurances that there will the Council, except that the designated

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00081 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 22238 CONGRESSIONAL RECORD—HOUSE October 11, 2000 State agency shall have the authority nec- sions shall allow members to continue to ability who resides or previously resided in essary to carry out the responsibilities de- serve on the Council until such members’ an institution or shall be an individual with scribed in section 125(d)(3). successors are appointed. The Council shall a developmental disability who resides or (M) STATE QUALITY ASSURANCE.—The plan notify the Governor regarding membership previously resided in an institution. shall provide assurances that the Council requirements of the Council, and shall notify (B) LIMITATION.—Subparagraph (A) shall will participate in the planning, design or re- the Governor when vacancies on the Council not apply with respect to a State if such an design, and monitoring of State quality as- remain unfilled for a significant period of individual does not reside in that State. surance systems that affect individuals with time. (c) COUNCIL RESPONSIBILITIES.— developmental disabilities. (3) REPRESENTATION OF INDIVIDUALS WITH (1) IN GENERAL.—A Council, through Coun- (N) OTHER ASSURANCES.—The plan shall DEVELOPMENTAL DISABILITIES.—Not less than cil members, staff, consultants, contractors, contain such additional information and as- 60 percent of the membership of each Council or subgrantees, shall have the responsibil- surances as the Secretary may find nec- shall consist of individuals who are— ities described in paragraphs (2) through (10). essary to carry out the provisions (including (A)(i) individuals with developmental dis- (2) ADVOCACY, CAPACITY BUILDING, AND SYS- the purpose) of this subtitle. abilities; TEMIC CHANGE ACTIVITIES.—The Council shall (d) PUBLIC INPUT AND REVIEW, SUBMISSION, (ii) parents or guardians of children with serve as an advocate for individuals with de- AND APPROVAL.— developmental disabilities; or velopmental disabilities and conduct or sup- (1) PUBLIC INPUT AND REVIEW.—The plan (iii) immediate relatives or guardians of shall be based on public input. The Council adults with mentally impairing develop- port programs, projects, and activities that shall make the plan available for public re- mental disabilities who cannot advocate for carry out the purpose of this subtitle. view and comment, after providing appro- themselves; and (3) EXAMINATION OF GOALS.—At the end of priate and sufficient notice in accessible for- (B) not employees of a State agency that each grant year, each Council shall— mats of the opportunity for such review and receives funds or provides services under this (A) determine the extent to which each comment. The Council shall revise the plan subtitle, and who are not managing employ- goal of the Council was achieved for that to take into account and respond to signifi- ees (as defined in section 1126(b) of the Social year; cant comments. Security Act (42 U.S.C. 1320a–5(b)) of any (B) determine to the extent that each goal (2) CONSULTATION WITH THE DESIGNATED other entity that receives funds or provides was not achieved, the factors that impeded STATE AGENCY.—Before the plan is submitted services under this subtitle. the achievement; to the Secretary, the Council shall consult (4) REPRESENTATION OF AGENCIES AND ORGA- (C) determine needs that require amend- with the designated State agency to ensure NIZATIONS.— ment of the 5-year strategic State plan re- that the State plan is consistent with State (A) IN GENERAL.—Each Council shall in- quired under section 124; law and to obtain appropriate State plan as- clude— (D) separately determine the information surances. (i) representatives of relevant State enti- on the self-advocacy goal described in sec- (3) PLAN APPROVAL.—The Secretary shall ties, including— tion 124(c)(4)(A)(ii); and approve any State plan and, as appropriate, (I) State entities that administer funds (E) determine customer satisfaction with amendments of such plan that comply with provided under Federal laws related to indi- Council supported or conducted activities. the provisions of subsections (a), (b), and (c) viduals with disabilities, including the Reha- (4) STATE PLAN DEVELOPMENT.—The Coun- and this subsection. The Secretary may take bilitation Act of 1973 (29 U.S.C. 701 et seq.), cil shall develop the State plan and submit final action to disapprove a State plan after the Individuals with Disabilities Education the State plan to the Secretary after con- providing reasonable notice and an oppor- Act (20 U.S.C. 1400 et seq.), the Older Ameri- sultation with the designated State agency tunity for a hearing to the State. cans Act of 1965 (42 U.S.C. 3001 et seq.), and under the State plan. Such consultation SEC. 125. STATE COUNCILS ON DEVELOPMENTAL titles V and XIX of the Social Security Act shall be solely for the purposes of obtaining DISABILITIES AND DESIGNATED (42 U.S.C. 701 et seq. and 1396 et seq.); State assurances and ensuring consistency of STATE AGENCIES. (II) Centers in the State; and the plan with State law. (a) IN GENERAL.—Each State that receives (III) the State protection and advocacy (5) STATE PLAN IMPLEMENTATION.— assistance under this subtitle shall establish system; and (A) IN GENERAL.—The Council shall imple- and maintain a Council to undertake advo- (ii) representatives, at all times, of local ment the State plan by conducting and sup- cacy, capacity building, and systemic change and nongovernmental agencies, and private porting advocacy, capacity building, and sys- activities (consistent with subsections (b) nonprofit groups concerned with services for temic change activities such as those de- and (c) of section 101) that contribute to a individuals with developmental disabilities scribed in subparagraphs (B) through (L). coordinated, consumer- and family-centered, in the State in which such agencies and (B) OUTREACH.—The Council may support consumer- and family-directed, comprehen- groups are located. and conduct outreach activities to identify sive system of community services, individ- (B) AUTHORITY AND LIMITATIONS.—The rep- individuals with developmental disabilities ualized supports, and other forms of assist- resentatives described in subparagraph (A) and their families who otherwise might not ance that contribute to the achievement of shall— come to the attention of the Council and as- the purpose of this subtitle. The Council (i) have sufficient authority to engage in sist and enable the individuals and families shall have the authority to fulfill the respon- policy planning and implementation on be- to obtain services, individualized supports, sibilities described in subsection (c). half of the department, agency, or program and other forms of assistance, including ac- (b) COUNCIL MEMBERSHIP.— such representatives represent; and cess to special adaptation of generic commu- (1) COUNCIL APPOINTMENTS.— (ii) recuse themselves from any discussion nity services or specialized services. (A) IN GENERAL.—The members of the of grants or contracts for which such rep- (C) TRAINING.—The Council may support Council of a State shall be appointed by the resentatives’ departments, agencies, or pro- and conduct training for persons who are in- Governor of the State from among the resi- grams are grantees, contractors, or appli- dividuals with developmental disabilities, dents of that State. cants and comply with the conflict of inter- their families, and personnel (including pro- (B) RECOMMENDATIONS.—The Governor est assurance requirement under section fessionals, paraprofessionals, students, vol- shall select members of the Council, at the 124(c)(5)(D). unteers, and other community members) to discretion of the Governor, after soliciting (5) COMPOSITION OF MEMBERSHIP WITH DE- enable such persons to obtain access to, or to recommendations from organizations rep- VELOPMENTAL DISABILITIES.—Of the members provide, community services, individualized resenting a broad range of individuals with of the Council described in paragraph (3)— supports, and other forms of assistance, in- developmental disabilities and individuals (A) 1⁄3 shall be individuals with develop- cluding special adaptation of generic com- interested in individuals with developmental mental disabilities described in paragraph munity services or specialized services for disabilities, including the non-State agency (3)(A)(i); individuals with developmental disabilities members of the Council. The Council may, at (B) 1⁄3 shall be parents or guardians of chil- and their families. To the extent that the the initiative of the Council, or on the re- dren with developmental disabilities de- Council supports or conducts training activi- quest of the Governor, coordinate Council scribed in paragraph (3)(A)(ii), or immediate ties under this subparagraph, such activities and public input to the Governor regarding relatives or guardians of adults with develop- shall contribute to the achievement of the all recommendations. mental disabilities described in paragraph purpose of this subtitle. (C) REPRESENTATION.—The membership of (3)(A)(iii); and (D) TECHNICAL ASSISTANCE.—The Council the Council shall be geographically rep- (C) 1⁄3 shall be a combination of individuals may support and conduct technical assist- resentative of the State and reflect the di- described in paragraph (3)(A). ance activities to assist public and private versity of the State with respect to race and (6) INSTITUTIONALIZED INDIVIDUALS.— entities to contribute to the achievement of ethnicity. (A) IN GENERAL.—Of the members of the the purpose of this subtitle. (2) MEMBERSHIP ROTATION.—The Governor Council described in paragraph (5), at least 1 (E) SUPPORTING AND EDUCATING COMMU- shall make appropriate provisions to rotate shall be an immediate relative or guardian of NITIES.—The Council may support and con- the membership of the Council. Such provi- an individual with a developmental dis- duct activities to assist neighborhoods and

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00082 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22239 communities to respond positively to indi- developmental disabilities and their fami- (ii) resources made available for such ac- viduals with developmental disabilities and lies. tivities that are undertaken by the Council their families— (K) DEMONSTRATION OF NEW APPROACHES TO in collaboration with other entities; and (i) by encouraging local networks to pro- SERVICES AND SUPPORTS.— (I) a description of the method by which vide informal and formal supports; (i) IN GENERAL.—The Council may support the Council will widely disseminate the an- (ii) through education; and and conduct, on a time-limited basis, activi- nual report to affected constituencies and (iii) by enabling neighborhoods and com- ties to demonstrate new approaches to serv- the general public and will assure that the munities to offer such individuals and their ing individuals with developmental disabil- report is available in accessible formats. families access to and use of services, re- ities that are a part of an overall strategy (8) BUDGET.—Each Council shall prepare, sources, and opportunities. for systemic change. The strategy may in- approve, and implement a budget using (F) INTERAGENCY COLLABORATION AND CO- volve the education of policymakers and the amounts paid to the State under this sub- ORDINATION.—The Council may support and public about how to deliver effectively, to in- title to fund and implement all programs, conduct activities to promote interagency dividuals with developmental disabilities projects, and activities carried out under collaboration and coordination to better and their families, services, supports, and as- this subtitle, including— serve, support, assist, or advocate for indi- sistance that contribute to the achievement (A)(i) conducting such hearings and forums viduals with developmental disabilities and of the purpose of this subtitle. as the Council may determine to be nec- their families. (ii) SOURCES OF FUNDING.—The Council may essary to carry out the duties of the Council; (G) COORDINATION WITH RELATED COUNCILS, carry out this subparagraph by supporting and COMMITTEES, AND PROGRAMS.—The Council and conducting demonstration activities (ii) as determined in Council policy— may support and conduct activities to en- through sources of funding other than fund- (I) reimbursing members of the Council for hance coordination of services with— ing provided under this subtitle, and by as- reasonable and necessary expenses (including (i) other councils, entities, or committees, sisting entities conducting demonstration expenses for child care and personal assist- authorized by Federal or State law, con- activities to develop strategies for securing ance services) for attending Council meet- cerning individuals with disabilities (such as funding from other sources. ings and performing Council duties; the State interagency coordinating council (L) OTHER ACTIVITIES.—The Council may (II) paying a stipend to a member of the established under subtitle C of the Individ- support and conduct other advocacy, capac- Council, if such member is not employed or uals with Disabilities Education Act (20 ity building, and systemic change activities must forfeit wages from other employment, U.S.C. 1431 et seq.), the State Rehabilitation to promote the development of a coordi- to attend Council meetings and perform Council and the Statewide Independent Liv- nated, consumer- and family-centered, other Council duties; ing Council established under the Rehabili- consumer- and family-directed, comprehen- (III) supporting Council member and staff tation Act of 1973 (29 U.S.C. 701 et seq.), the sive system of community services, individ- travel to authorized training and technical State mental health planning council estab- ualized supports, and other forms of assist- assistance activities including in-service lished under subtitle B of title XIX of the ance that contribute to the achievement of training and leadership development activi- Public Health Service Act (42 U.S.C. 300x–1 et the purpose of this subtitle. ties; and seq.), and the activities authorized under (6) REVIEW OF DESIGNATED STATE AGENCY.— (IV) carrying out appropriate subcon- section 101 or 102 of the Assistive Technology The Council shall periodically review the tracting activities; Act of 1998 (29 U.S.C. 3011, 3012), and entities designated State agency and activities car- (B) hiring and maintaining such numbers carrying out other similar councils, entities, ried out under this subtitle by the des- and types of staff (qualified by training and or committees); ignated State agency and make any rec- experience) and obtaining the services of (ii) parent training and information cen- ommendations for change to the Governor. such professional, consulting, technical, and ters under part D of the Individuals with Dis- (7) REPORTS.—Beginning in fiscal year 2001, clerical staff (qualified by training and expe- abilities Education Act (20 U.S.C. 1451 et the Council shall annually prepare and rience), consistent with State law, as the seq.) and other entities carrying out feder- transmit to the Secretary a report. Each re- Council determines to be necessary to carry ally funded projects that assist parents of port shall be in a form prescribed by the Sec- out the functions of the Council under this children with disabilities; and retary by regulation under section 104(b). subtitle, except that such State shall not (iii) other groups interested in advocacy, Each report shall contain information about apply hiring freezes, reductions in force, pro- capacity building, and systemic change ac- the progress made by the Council in achiev- hibitions on travel, or other policies to the tivities to benefit individuals with disabil- ing the goals of the Council (as specified in staff of the Council, to the extent that such ities. section 124(c)(4)), including— policies would impact the staff or functions (H) BARRIER ELIMINATION, SYSTEMS DESIGN (A) a description of the extent to which the funded with Federal funds, or would prevent AND REDESIGN.—The Council may support goals were achieved; the Council from carrying out the functions and conduct activities to eliminate barriers (B) a description of the strategies that con- of the Council under this subtitle; and to assess and use of community services by tributed to achieving the goals; (C) directing the expenditure of funds for individuals with developmental disabilities, (C) to the extent to which the goals were grants, contracts, interagency agreements enhance systems design and redesign, and not achieved, a description of factors that that are binding contracts, and other activi- enhance citizen participation to address impeded the achievement; ties authorized by the State plan approved issues identified in the State plan. (D) separate information on the self-advo- under section 124. (I) COALITION DEVELOPMENT AND CITIZEN cacy goal described in section 124(c)(4)(A)(ii); (9) STAFF HIRING AND SUPERVISION.—The PARTICIPATION.—The Council may support (E)(i) as appropriate, an update on the re- Council shall, consistent with State law, re- and conduct activities to educate the public sults of the comprehensive review and anal- cruit and hire a Director of the Council, about the capabilities, preferences, and ysis described in section 124(c)(3); and should the position of Director become va- needs of individuals with developmental dis- (ii) information on consumer satisfaction cant, and supervise and annually evaluate abilities and their families and to develop with Council supported or conducted activi- the Director. The Director shall hire, super- and support coalitions that support the pol- ties; vise, and annually evaluate the staff of the icy agenda of the Council, including training (F)(i) a description of the adequacy of Council. Council recruitment, hiring, and in self-advocacy, education of policymakers, health care and other services, supports, and dismissal of staff shall be conducted in a and citizen leadership skills. assistance that individuals with develop- manner consistent with Federal and State (J) INFORMING POLICYMAKERS.—The Council mental disabilities in Intermediate Care Fa- nondiscrimination laws. Dismissal of per- may support and conduct activities to pro- cilities (Mental Retardation) receive; and sonnel shall be conducted in a manner con- vide information to policymakers by sup- (ii) a description of the adequacy of health sistent with State law and personnel poli- porting and conducting studies and analyses, care and other services, supports, and assist- cies. gathering information, and developing and ance that individuals with developmental (10) STAFF ASSIGNMENTS.—The staff of the disseminating model policies and procedures, disabilities served through home and com- Council, while working for the Council, shall information, approaches, strategies, find- munity-based waivers (authorized under sec- be responsible solely for assisting the Coun- ings, conclusions, and recommendations. The tion 1915(c) of the Social Security Act (42 cil in carrying out the duties of the Council Council may provide the information di- U.S.C. 1396n(c)) receive; under this subtitle and shall not be assigned rectly to Federal, State, and local policy- (G) an accounting of the manner in which duties by the designated State agency or any makers, including Congress, the Federal ex- funds paid to the State under this subtitle other agency or entity of the State. ecutive branch, the Governors, State legisla- for a fiscal year were expended; (11) CONSTRUCTION.—Nothing in this title tures, and State agencies, in order to in- (H) a description of— shall be construed to authorize a Council to crease the ability of such policymakers to (i) resources made available to carry out direct, control, or exercise any policymaking offer opportunities and to enhance or adapt activities to assist individuals with develop- authority or administrative authority over generic services to meet the needs of, or pro- mental disabilities that are directly attrib- any program assisted under the Rehabilita- vide specialized services to, individuals with utable to Council actions; and tion Act of 1973 (29 U.S.C. 701 et seq.) or the

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Individuals with Disabilities Education Act (B) SUPPORT SERVICES.—The designated the Federal share of the cost of all such (20 U.S.C. 1400 et seq.). State agency shall provide required assur- projects may be not more than 100 percent of (d) DESIGNATED STATE AGENCY.— ances and support services as requested by the aggregate necessary cost of such activi- (1) IN GENERAL.—Each State that receives and negotiated with the Council. ties. assistance under this subtitle shall designate (C) FISCAL RESPONSIBILITIES.—The des- (b) NONDUPLICATION.—In determining the a State agency that shall, on behalf of the ignated State agency shall— amount of any State’s Federal share of the State, provide support to the Council. After (i) receive, account for, and disburse funds cost of such projects incurred by such State the date of enactment of the Developmental under this subtitle based on the State plan under a State plan approved under section Disabilities Assistance and Bill of Rights Act required in section 124; and 124, the Secretary shall not consider— Amendments of 1994 (Public Law 103–230), (ii) provide for such fiscal control and fund (1) any portion of such cost that is fi- any designation of a State agency under this accounting procedures as may be necessary nanced by Federal funds provided under any paragraph shall be made in accordance with to assure the proper disbursement of, and ac- provision of law other than section 122; and the requirements of this subsection. counting for, funds paid to the State under (2) the amount of any non-Federal funds (2) DESIGNATION.— this subtitle. required to be expended as a condition of re- (A) TYPE OF AGENCY.—Except as provided (D) RECORDS, ACCESS, AND FINANCIAL RE- ceipt of the Federal funds described in para- in this subsection, the designated State PORTS.—The designated State agency shall graph (1). agency shall be— keep and provide access to such records as (c) NON-FEDERAL SHARE.— (i) the Council if such Council may be the the Secretary and the Council may deter- (1) IN-KIND CONTRIBUTIONS.—The non-Fed- designated State agency under the laws of mine to be necessary. The designated State eral share of the cost of any project sup- the State; agency, if other than the Council, shall pro- ported by an allotment under this subtitle (ii) a State agency that does not provide or vide timely financial reports at the request may be provided in cash or in kind, fairly pay for services for individuals with develop- of the Council regarding the status of ex- evaluated, including plant, equipment, or mental disabilities; or penditures, obligations, and liquidation by services. (iii) a State office, including the imme- the agency or the Council, and the use of the (2) CONTRIBUTIONS OF POLITICAL SUBDIVI- diate office of the Governor of the State or a Federal and non-Federal shares described in SIONS AND PUBLIC OR PRIVATE ENTITIES.— State planning office. section 126, by the agency or the Council. (A) IN GENERAL.—Contributions to projects (B) CONDITIONS FOR CONTINUATION OF STATE (E) NON-FEDERAL SHARE.—The designated by a political subdivision of a State or by a SERVICE AGENCY DESIGNATION.— State agency, if other than the Council, shall public or private entity under an agreement (i) DESIGNATION BEFORE ENACTMENT.—If a provide the required non-Federal share de- with the State shall, subject to such limita- State agency that provides or pays for serv- scribed in section 126(c). tions and conditions as the Secretary may ices for individuals with developmental dis- (F) ASSURANCES.—The designated State by regulation prescribe under section 104(b), abilities was a designated State agency for agency shall assist the Council in obtaining be considered to be contributions by such purposes of part B of the Developmental Dis- the appropriate State plan assurances and in State, in the case of a project supported abilities Assistance and Bill of Rights Act on ensuring that the plan is consistent with under this subtitle. the date of enactment of the Developmental State law. (B) STATE CONTRIBUTIONS.—State contribu- Disabilities Assistance and Bill of Rights Act (G) MEMORANDUM OF UNDERSTANDING.—On tions, including contributions by the des- Amendments of 1994, and the Governor of the the request of the Council, the designated ignated State agency to provide support State (or the legislature, where appropriate State agency shall enter into a memorandum services to the Council pursuant to section and in accordance with State law) deter- of understanding with the Council delin- 125(d)(4), may be counted as part of such mines prior to June 30, 1994, not to change eating the roles and responsibilities of the State’s non-Federal share of the cost of the designation of such agency, such agency designated State agency. projects supported under this subtitle. may continue to be a designated State agen- (4) USE OF FUNDS FOR DESIGNATED STATE (3) VARIATIONS OF THE NON-FEDERAL cy for purposes of this subtitle. AGENCY RESPONSIBILITIES.— SHARE.—The non-Federal share required of (ii) CRITERIA FOR CONTINUED DESIGNATION.— (A) CONDITION FOR FEDERAL FUNDING.— each recipient of a grant from a Council The determination, at the discretion of the (i) IN GENERAL.—The Secretary shall pro- under this subtitle may vary. Governor (or the legislature, as the case may vide amounts to a State under section SEC. 127. WITHHOLDING OF PAYMENTS FOR be), shall be made after— 124(c)(5)(B)(vi) for a fiscal year only if the PLANNING, ADMINISTRATION, AND (I) the Governor has considered the com- State expends an amount from State sources SERVICES. ments and recommendations of the general for carrying out the responsibilities of the Whenever the Secretary, after providing public and a majority of the non-State agen- designated State agency under paragraph (3) reasonable notice and an opportunity for a cy members of the Council with respect to for the fiscal year that is not less than the hearing to the Council and the designated the designation of such State agency; and total amount the State expended from such State agency, finds that— (II) the Governor (or the legislature, as the sources for carrying out similar responsibil- (1) the Council or agency has failed to com- case may be) has made an independent as- ities for the previous fiscal year. ply substantially with any of the provisions sessment that the designation of such agen- (ii) EXCEPTION.—Clause (i) shall not apply required by section 124 to be included in the cy will not interfere with the budget, per- in a year in which the Council is the des- State plan, particularly provisions required sonnel, priorities, or other action of the ignated State agency. by paragraphs (4)(A) and (5)(B)(vii) of section Council, and the ability of the Council to (B) SUPPORT SERVICES PROVIDED BY OTHER 124(c), or with any of the provisions required serve as an independent advocate for individ- AGENCIES.—With the agreement of the des- by section 125(b)(3); or uals with developmental disabilities. ignated State agency, the Council may use (2) the Council or agency has failed to com- (C) REVIEW OF DESIGNATION.—The Council or contract with agencies other than the des- ply substantially with any regulations of the may request a review of and change in the ignated State agency to perform the func- Secretary that are applicable to this sub- designation of the designated State agency tions of the designated State agency. title, by the Governor (or the legislature, as the SEC. 126. FEDERAL AND NON-FEDERAL SHARE. the Secretary shall notify such Council and case may be). The Council shall provide doc- (a) AGGREGATE COST.— agency that the Secretary will not make fur- umentation concerning the reason the Coun- (1) IN GENERAL.—Except as provided in ther payments to the State under section 122 cil desires a change to be made and make a paragraphs (2) and (3), the Federal share of (or, in the discretion of the Secretary, that recommendation to the Governor (or the leg- the cost of all projects in a State supported further payments to the State under section islature, as the case may be) regarding a pre- by an allotment to the State under this sub- 122 for activities for which there is such fail- ferred designated State agency. title may not be more than 75 percent of the ure), until the Secretary is satisfied that (D) APPEAL OF DESIGNATION.—After the re- aggregate necessary cost of such projects, as there will no longer be such failure. Until view is completed under subparagraph (C), a determined by the Secretary. the Secretary is so satisfied, the Secretary majority of the non-State agency members (2) URBAN OR RURAL POVERTY AREAS.—In shall make no further payments to the State of the Council may appeal to the Secretary the case of projects whose activities or prod- under section 122, or shall limit further pay- for a review of and change in the designation ucts target individuals with developmental ments under section 122 to such State to ac- of the designated State agency if the ability disabilities who live in urban or rural pov- tivities for which there is no such failure. of the Council to serve as an independent ad- erty areas, as determined by the Secretary, SEC. 128. APPEALS BY STATES. vocate is not assured because of the actions the Federal share of the cost of all such (a) APPEAL.—If any State is dissatisfied or inactions of the designated State agency. projects may not be more than 90 percent of with the Secretary’s action under section (3) RESPONSIBILITIES.— the aggregate necessary cost of such 124(d)(3) or 127, such State may appeal to the (A) IN GENERAL.—The designated State projects, as determined by the Secretary. United States court of appeals for the circuit agency shall, on behalf of the State, have the (3) STATE PLAN ACTIVITIES.—In the case of in which such State is located, by filing a pe- responsibilities described in subparagraphs projects undertaken by the Council or Coun- tition with such court not later than 60 days (B) through (G). cil staff to implement State plan activities, after such action.

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(b) FILING.—The clerk of the court shall allotments are made under subsections (B) provide a grant in accordance with sec- transmit promptly a copy of the petition to (a)(1)(A) and (e) of section 122, except as pro- tion 143(b), and in an amount described in the Secretary, or any officer designated by vided in paragraph (2). paragraph (2)(A)(i), to an American Indian the Secretary for that purpose. The Sec- (2) MINIMUM ALLOTMENTS.—In any case in consortium to provide protection and advo- retary shall file promptly with the court the which— cacy services. record of the proceedings on which the Sec- (A) the total amount appropriated under (b) PAYMENT TO SYSTEMS.—Notwith- retary based the action, as provided in sec- section 145 for a fiscal year is not less than standing any other provision of law, the Sec- tion 2112 of title 28, United States Code. $20,000,000, the allotment under paragraph (1) retary shall pay directly to any system in a (c) JURISDICTION.—Upon the filing of the for such fiscal year— State that complies with the provisions of petition, the court shall have jurisdiction to (i) to each of American Samoa, Guam, the this subtitle the amount of the allotment affirm the action of the Secretary or to set United States Virgin Islands, and the Com- made for the State under this section, unless the action aside, in whole or in part, tempo- monwealth of the Northern Mariana Islands the system specifies otherwise. rarily or permanently. Until the filing of the may not be less than $107,000; and (c) UNOBLIGATED FUNDS.—Any amount paid record, the Secretary may modify or set (ii) to any State not described in clause (i) to a system under this subtitle for a fiscal aside the order of the Secretary relating to may not be less than $200,000; or year and remaining unobligated at the end of the action. (B) the total amount appropriated under such year shall remain available to such sys- (d) FINDINGS AND REMAND.—The findings of section 145 for a fiscal year is less than tem for the next fiscal year, for the purposes the Secretary about the facts, if supported $20,000,000, the allotment under paragraph (1) for which such amount was paid. by substantial evidence, shall be conclusive, for such fiscal year— SEC. 143. SYSTEM REQUIRED. but the court, for good cause shown, may re- (i) to each of American Samoa, Guam, the (a) SYSTEM REQUIRED.—In order for a State mand the case involved to the Secretary for United States Virgin Islands, and the Com- to receive an allotment under subtitle B or further proceedings to take further evidence. monwealth of the Northern Mariana Islands this subtitle— On remand, the Secretary may make new or may not be less than $80,000; and (1) the State shall have in effect a system modified findings of fact and may modify the (ii) to any State not described in clause (i) to protect and advocate the rights of individ- previous action of the Secretary, and shall may not be less than $150,000. uals with developmental disabilities; file with the court the record of the further (3) REDUCTION OF ALLOTMENT.—Notwith- (2) such system shall— proceedings. Such new or modified findings standing paragraphs (1) and (2), if the aggre- (A) have the authority to— of fact shall likewise be conclusive if sup- gate of the amounts to be allotted to the (i) pursue legal, administrative, and other ported by substantial evidence. States pursuant to such paragraphs for any appropriate remedies or approaches to en- (e) FINALITY.—The judgment of the court fiscal year exceeds the total amount appro- sure the protection of, and advocacy for, the affirming or setting aside, in whole or in priated for such allotments under section 145 rights of such individuals within the State part, any action of the Secretary shall be for such fiscal year, the amount to be allot- who are or who may be eligible for treat- final, subject to review by the Supreme ted to each State for such fiscal year shall be ment, services, or habilitation, or who are Court of the United States upon certiorari or proportionately reduced. being considered for a change in living ar- certification as provided in section 1254 of (4) INCREASE IN ALLOTMENTS.—In any year rangements, with particular attention to title 28, United States Code. in which the total amount appropriated members of ethnic and racial minority (f) EFFECT.—The commencement of pro- under section 145 for a fiscal year exceeds the groups; and ceedings under this section shall not, unless total amount appropriated under such sec- (ii) provide information on and referral to so specifically ordered by a court, operate as tion (or a corresponding provision) for the programs and services addressing the needs a stay of the Secretary’s action. preceding fiscal year by a percentage greater of individuals with developmental disabil- SEC. 129. AUTHORIZATION OF APPROPRIATIONS. than the most recent percentage change in ities; (a) FUNDING FOR STATE ALLOTMENTS.—Ex- the Consumer Price Index published by the (B) have the authority to investigate inci- cept as described in subsection (b), there are Secretary of Labor under section 100(c)(1) of dents of abuse and neglect of individuals authorized to be appropriated for allotments the Rehabilitation Act of 1973 (29 U.S.C. with developmental disabilities if the inci- under section 122 $76,000,000 for fiscal year 720(c)(1)) (if the percentage change indicates dents are reported to the system or if there 2000 and such sums as may be necessary for an increase), the Secretary shall increase is probable cause to believe that the inci- each of fiscal years 2001 through 2006. each of the minimum allotments described dents occurred; (b) RESERVATION FOR TECHNICAL ASSIST- in subparagraphs (A) and (B) of paragraph (C) on an annual basis, develop, submit to ANCE.— (2). The Secretary shall increase each min- the Secretary, and take action with regard (1) LOWER APPROPRIATION YEARS.—For any imum allotment by an amount that bears to goals (each of which is related to 1 or fiscal year for which the amount appro- the same ratio to the amount of such min- more areas of emphasis) and priorities, de- priated under subsection (a) is less than imum allotment (including any increases in veloped through data driven strategic plan- $76,000,000, the Secretary shall reserve funds such minimum allotment under this para- ning, for the system’s activities; in accordance with section 163(c) to provide graph (or a corresponding provision) for prior (D) on an annual basis, provide to the pub- technical assistance to entities funded under fiscal years) as the amount that is equal to lic, including individuals with developmental this subtitle. the difference between— disabilities attributable to either physical (2) HIGHER APPROPRIATION YEARS.—For any (A) the total amount appropriated under impairment, mental impairment, or a com- fiscal year for which the amount appro- section 145 for the fiscal year for which the bination of physical and mental impairment, priated under subsection (a) is not less than increase in the minimum allotment is being and their representatives, and as appro- $76,000,000, the Secretary shall reserve not made; minus priate, non-State agency representatives of less than $300,000 and not more than 1 per- (B) the total amount appropriated under the State Councils on Developmental Dis- cent of the amount appropriated under sub- section 145 (or a corresponding provision) for abilities, and Centers, in the State, an oppor- section (a) to provide technical assistance to the immediately preceding fiscal year, tunity to comment on— entities funded under this subtitle. bears to the total amount appropriated (i) the goals and priorities established by under section 145 (or a corresponding provi- the system and the rationale for the estab- Subtitle C—Protection and Advocacy of sion) for such preceding fiscal year. lishment of such goals; and Individual Rights (5) MONITORING THE ADMINISTRATION OF THE (ii) the activities of the system, including SEC. 141. PURPOSE. SYSTEM.—In a State in which the system is the coordination of services with the entities The purpose of this subtitle is to provide housed in a State agency, the State may use carrying out advocacy programs under the for allotments to support a protection and not more than 5 percent of any allotment Rehabilitation Act of 1973 (29 U.S.C. 701 et advocacy system (referred to in this subtitle under this subsection for the costs of moni- seq.), the Older Americans Act of 1965 (42 as a ‘‘system’’) in each State to protect the toring the administration of the system re- U.S.C. 3001 et seq.), and the Protection and legal and human rights of individuals with quired under section 143(a). Advocacy for Mentally Ill Individuals Act of developmental disabilities in accordance (6) TECHNICAL ASSISTANCE AND AMERICAN IN- 1986 (42 U.S.C. 10801 et seq.), and with entities with this subtitle. DIAN CONSORTIUM.—In any case in which the carrying out other related programs, includ- SEC. 142. ALLOTMENTS AND PAYMENTS. total amount appropriated under section 145 ing the parent training and information cen- (a) ALLOTMENTS.— for a fiscal year is more than $24,500,000, the ters funded under the Individuals with Dis- (1) IN GENERAL.—To assist States in meet- Secretary shall— abilities Education Act (20 U.S.C. 1400 et ing the requirements of section 143(a), the (A) use not more than 2 percent of the seq.), and activities authorized under section Secretary shall allot to the States the amount appropriated to provide technical as- 101 or 102 of the Assistive Technology Act of amounts appropriated under section 145 and sistance to eligible systems with respect to 1998 (29 U.S.C. 3011, 3012); not reserved under paragraph (6). Allotments activities carried out under this subtitle (E) establish a grievance procedure for cli- and reallotments of such sums shall be made (consistent with requests by such systems ents or prospective clients of the system to on the same basis as the allotments and re- for such assistance for the year); and ensure that individuals with developmental

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00085 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 22242 CONGRESSIONAL RECORD—HOUSE October 11, 2000 disabilities have full access to services of the such policies would impact the staff or func- are knowledgeable about the needs of the in- system; tions of the system funded with Federal dividuals served by the system; (F) not be administered by the State Coun- funds or would prevent the system from car- (B) a majority of the members of the board cil on Developmental Disabilities; rying out the functions of the system under shall be— (G) be independent of any agency that pro- this subtitle; (i) individuals with disabilities, including vides treatment, services, or habilitation to (L) have the authority to educate policy- individuals with developmental disabilities, individuals with developmental disabilities; makers; and who are eligible for services, or have re- (H) have access at reasonable times to any (M) provide assurances to the Secretary ceived or are receiving services through the individual with a developmental disability in that funds allotted to the State under sec- system; or a location in which services, supports, and tion 142 will be used to supplement, and not (ii) parents, family members, guardians, other assistance are provided to such an in- supplant, the non-Federal funds that would advocates, or authorized representatives of dividual, in order to carry out the purpose of otherwise be made available for the purposes individuals referred to in clause (i); and this subtitle; for which the allotted funds are provided; (C) the board may include a representative (I) have access to all records of— (3) to the extent that information is avail- of the State Council on Developmental Dis- (i) any individual with a developmental able, the State shall provide to the system— abilities, the Centers in the State, and the disability who is a client of the system if (A) a copy of each independent review, pur- self-advocacy organization described in sec- such individual, or the legal guardian, con- suant to section 1902(a)(30)(C) of the Social tion 124(c)(4)(A)(ii)(I); servator, or other legal representative of Security Act (42 U.S.C. 1396a(a)(30)(C)), of an (2) not more than 1⁄3 of the members of the such individual, has authorized the system Intermediate Care Facility (Mental Retarda- governing board may be appointed by the to have such access; tion) within the State, not later than 30 days chief executive officer of the State involved, (ii) any individual with a developmental after the availability of such a review; and in the case of any State in which such officer disability, in a situation in which— (B) information about the adequacy of has the authority to appoint members of the (I) the individual, by reason of such indi- health care and other services, supports, and board; vidual’s mental or physical condition, is un- assistance that individuals with develop- (3) the membership of the governing board able to authorize the system to have such ac- mental disabilities who are served through shall be subject to term limits set by the cess; home and community-based waivers (author- system to ensure rotating membership; (II) the individual does not have a legal ized under section 1915(c) of the Social Secu- (4) any vacancy in the board shall be filled guardian, conservator, or other legal rep- rity Act (42 U.S.C. 1396n(c))) receive; and not later than 60 days after the date on resentative, or the legal guardian of the indi- (4) the agency implementing the system which the vacancy occurs; and vidual is the State; and shall not be redesignated unless— (5) in a State in which the system is orga- (III) a complaint has been received by the (A) there is good cause for the redesigna- nized as a public system without a multi- system about the individual with regard to tion; member governing or advisory board, the the status or treatment of the individual or, (B) the State has given the agency notice system shall establish an advisory council— as a result of monitoring or other activities, of the intention to make such redesignation, (A) that shall advise the system on policies there is probable cause to believe that such including notice regarding the good cause for and priorities to be carried out in protecting individual has been subject to abuse or ne- such redesignation, and given the agency an and advocating the rights of individuals with glect; and opportunity to respond to the assertion that developmental disabilities; and (iii) any individual with a developmental good cause has been shown; (B) on which a majority of the members disability, in a situation in which— (C) the State has given timely notice and shall be— (I) the individual has a legal guardian, con- an opportunity for public comment in an ac- (i) individuals with developmental disabil- servator, or other legal representative; cessible format to individuals with develop- ities who are eligible for services, or have re- (II) a complaint has been received by the mental disabilities or their representatives; ceived or are receiving services, through the system about the individual with regard to and system; or the status or treatment of the individual or, (D) the system has an opportunity to ap- (ii) parents, family members, guardians, as a result of monitoring or other activities, peal the redesignation to the Secretary, on advocates, or authorized representatives of there is probable cause to believe that such the basis that the redesignation was not for individuals referred to in clause (i). individual has been subject to abuse or ne- good cause. (b) LEGAL ACTION.— glect; (b) AMERICAN INDIAN CONSORTIUM.—Upon application to the Secretary, an American (1) IN GENERAL.—Nothing in this title shall (III) such representative has been con- Indian consortium established to provide preclude a system from bringing a suit on be- tacted by such system, upon receipt of the protection and advocacy services under this half of individuals with developmental dis- name and address of such representative; subtitle, shall receive funding pursuant to abilities against a State, or an agency or in- (IV) such system has offered assistance to section 142(a)(6) to provide the services. Such strumentality of a State. such representative to resolve the situation; consortium shall be considered to be a sys- (2) USE OF AMOUNTS FROM JUDGMENT.—An and tem for purposes of this subtitle and shall amount received pursuant to a suit described (V) such representative has failed or re- coordinate the services with other systems in paragraph (1) through a court judgment fused to act on behalf of the individual; serving the same geographic area. The tribal may only be used by the system to further (J)(i) have access to the records of individ- council that designates the consortium shall the purpose of this subtitle and shall not be uals described in subparagraphs (B) and (I), carry out the responsibilities and exercise used to augment payments to legal contrac- and other records that are relevant to con- the authorities specified for a State in this tors or to award personal bonuses. ducting an investigation, under the cir- subtitle, with regard to the consortium. (3) LIMITATION.—The system shall use as- cumstances described in those subpara- (c) RECORD.—In this section, the term sistance provided under this subtitle in a graphs, not later than 3 business days after ‘‘record’’ includes— manner consistent with section 5 of the As- the system makes a written request for the (1) a report prepared or received by any sisted Suicide Funding Restriction Act of records involved; and staff at any location at which services, sup- 1997 (42 U.S.C. 14404). (ii) have immediate access, not later than ports, or other assistance is provided to indi- 24 hours after the system makes such a re- viduals with developmental disabilities; (c) DISCLOSURE OF INFORMATION.—For pur- quest, to the records without consent from (2) a report prepared by an agency or staff poses of any periodic audit, report, or eval- another party, in a situation in which serv- person charged with investigating reports of uation required under this subtitle, the Sec- ices, supports, and other assistance are pro- incidents of abuse or neglect, injury, or retary shall not require an entity carrying vided to an individual with a developmental death occurring at such location, that de- out a program to disclose the identity of, or disability— scribes such incidents and the steps taken to any other personally identifiable informa- (I) if the system determines there is prob- investigate such incidents; and tion related to, any individual requesting as- able cause to believe that the health or safe- (3) a discharge planning record. sistance under such program. ty of the individual is in serious and imme- SEC. 144. ADMINISTRATION. (d) PUBLIC NOTICE OF FEDERAL ONSITE RE- diate jeopardy; or (a) GOVERNING BOARD.—In a State in which VIEW.—The Secretary shall provide advance (II) in any case of death of an individual the system described in section 143 is orga- public notice of any Federal programmatic with a developmental disability; nized as a private nonprofit entity with a (K) hire and maintain sufficient numbers multimember governing board, or a public or administrative onsite review of a system and types of staff (qualified by training and system with a multimember governing conducted under this subtitle and solicit experience) to carry out such system’s func- board, such governing board shall be selected public comment on the system through such tions, except that the State involved shall according to the policies and procedures of notice. The Secretary shall prepare an onsite not apply hiring freezes, reductions in force, the system, except that— visit report containing the results of such re- prohibitions on travel, or other policies to (1)(A) the governing board shall be com- view, which shall be distributed to the Gov- the staff of the system, to the extent that posed of members who broadly represent or ernor of the State and to other interested

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public and private parties. The comments re- (c) NATIONAL TRAINING INITIATIVES ON CRIT- pose of this title, especially dissemination of ceived in response to the public comment so- ICAL AND EMERGING NEEDS.—Subject to the information that demonstrates that the net- licitation notice shall be included in the on- availability of appropriations, for any fiscal work authorized under this subtitle is a na- site visit report. year in which each Center described in sub- tional and international resource that in- (e) REPORTS.—Beginning in fiscal year 2001, section (a) receives a grant award of not less cludes specific substantive areas of expertise each system established in a State pursuant than $500,000, under subsection (a) (adjusted that may be accessed and applied in diverse to this subtitle shall annually prepare and in accordance with subsection (b)), after settings and circumstances. transmit to the Secretary a report that de- making the grant awards, the Secretary (b) NATIONAL TRAINING INITIATIVES ON CRIT- scribes the activities, accomplishments, and shall make grants under section 151(b) to ICAL AND EMERGING NEEDS.— expenditures of the system during the pre- Centers to pay for the Federal share of the (1) SUPPLEMENTAL GRANTS.—After con- ceding fiscal year, including a description of cost of training initiatives related to the sultation with relevant, informed sources, the system’s goals, the extent to which the unmet needs of individuals with develop- including individuals with developmental goals were achieved, barriers to their mental disabilities and their families, as de- disabilities and their families, the Secretary achievement, the process used to obtain pub- scribed in section 153(b). shall award, under section 151(b), supple- lic input, the nature of such input, and how (d) ADDITIONAL GRANTS.—For any fiscal mental grants to Centers to pay for the Fed- such input was used. year in which each Center described in sub- eral share of the cost of training initiatives SEC. 145. AUTHORIZATION OF APPROPRIATIONS. section (a) receives a grant award of not less related to the unmet needs of individuals For allotments under section 142, there are than $500,000 under subsection (a) (adjusted with developmental disabilities and their authorized to be appropriated $32,000,000 for in accordance with subsection (b)), after families. The Secretary shall make the fiscal year 2000 and such sums as may be nec- making the grant awards, the Secretary may grants on a competitive basis, and for peri- essary for each of fiscal years 2001 through make grants under section 151(a) for activi- ods of not more than 5 years. 2006. ties described in section 153(a) to additional (2) ESTABLISHMENT OF CONSULTATION PROC- ESS BY THE SECRETARY.—Not later than 1 Subtitle D—National Network of University Centers, or additional grants to Centers, for year after the date of enactment of this Act, Centers for Excellence in Developmental States or populations that are unserved or the Secretary shall establish a consultation Disabilities Education, Research, and Serv- underserved by Centers due to such factors process that, on an ongoing basis, allows the ice as— (1) population; Secretary to identify and address, through SEC. 151. GRANT AUTHORITY. supplemental grants authorized under para- (a) NATIONAL NETWORK.—From appropria- (2) a high concentration of rural or urban areas; or graph (1), training initiatives related to the tions authorized under section 156(a)(1), the unmet needs of individuals with develop- Secretary shall make 5-year grants to enti- (3) a high concentration of unserved or un- derserved populations. mental disabilities and their families. ties in each State designated as University (c) TECHNICAL ASSISTANCE.—In order to Centers for Excellence in Developmental Dis- SEC. 153. PURPOSE AND SCOPE OF ACTIVITIES. strengthen and support the national network abilities Education, Research, and Service to (a) NATIONAL NETWORK OF UNIVERSITY CEN- of Centers, the Secretary may enter into 1 or carry out activities described in section TERS FOR EXCELLENCE IN DEVELOPMENTAL more cooperative agreements or contracts 153(a). DISABILITIES EDUCATION, RESEARCH, AND to— (b) NATIONAL TRAINING INITIATIVES.—From SERVICE.— (1) assist in national and international dis- appropriations authorized under section (1) IN GENERAL.—In order to provide leader- semination of specific information from mul- 156(a)(1) and reserved under section 156(a)(2), ship in, advise Federal, State, and commu- tiple Centers and, in appropriate cases, other the Secretary shall make grants to Centers nity policymakers about, and promote op- entities whose work affects the lives of indi- to carry out activities described in section portunities for individuals with develop- viduals with developmental disabilities; 153(b). mental disabilities to exercise self-deter- (2) compile, analyze, and disseminate (c) TECHNICAL ASSISTANCE.—From appro- mination, be independent, be productive, and state-of-the-art training, research, and dem- priations authorized under section 156(a)(1) be integrated and included in all facets of onstration results policies, and practices and reserved under section 156(a)(3) (or from community life, the Secretary shall award from multiple Centers and, in appropriate funds reserved under section 163, as appro- grants to eligible entities designated as Cen- cases, other entities whose work affects the priate), the Secretary shall enter into 1 or ters in each State to pay for the Federal lives of persons with developmental disabil- more cooperative agreements or contracts share of the cost of the administration and ities; for the purpose of providing technical assist- operation of the Centers. The Centers shall (3) convene experts from multiple Centers ance described in section 153(c). be interdisciplinary education, research, and to discuss and make recommendations with SEC. 152. GRANT AWARDS. public service units of universities (as de- regard to national emerging needs of individ- (a) EXISTING CENTERS.— fined by the Secretary) or public or not-for- uals with developmental disabilities; (1) IN GENERAL.—In awarding and distrib- profit entities associated with universities (4)(A) develop portals that link users with uting grant funds under section 151(a) for a that engage in core functions, described in every Center’s website; and fiscal year, the Secretary, subject to the paragraph (2), addressing, directly or indi- (B) facilitate electronic information shar- availability of appropriations and the condi- rectly, 1 or more of the areas of emphasis. ing using state-of-the-art Internet tech- tion specified in subsection (d), shall award (2) CORE FUNCTIONS.—The core functions re- nologies such as real-time online discus- and distribute grant funds in equal amounts ferred to in paragraph (1) shall include the sions, multipoint video conferencing, and of $500,000 (adjusted in accordance with sub- following: web-based audio/video broadcasts, on emerg- section (b)), to each Center that existed dur- (A) Provision of interdisciplinary pre-serv- ing topics that impact individuals with dis- ing the preceding fiscal year and that meets ice preparation and continuing education of abilities and their families; the requirements of this subtitle, prior to students and fellows, which may include the (5) serve as a research-based resource for making grants under subsection (c) or (d). preparation and continuing education of Federal and State policymakers on informa- (2) REDUCTION OF AWARD.—Notwithstanding leadership, direct service, clinical, or other tion concerning and issues impacting indi- paragraph (1), if the aggregate of the funds personnel to strengthen and increase the ca- viduals with developmental disabilities and to be awarded to the Centers pursuant to pacity of States and communities to achieve entities that assist or serve those individ- paragraph (1) for any fiscal year exceeds the the purpose of this title. uals; or total amount appropriated under section 156 (B) Provision of community services— (6) undertake any other functions that the for such fiscal year, the amount to be award- (i) that provide training or technical as- Secretary determines to be appropriate; ed to each Center for such fiscal year shall sistance for individuals with developmental to promote the viability and use of the re- be proportionately reduced. disabilities, their families, professionals, sources and expertise of the Centers nation- (b) ADJUSTMENTS.—Subject to the avail- paraprofessionals, policymakers, students, ally and internationally. ability of appropriations, for any fiscal year and other members of the community; and SEC. 154. APPLICATIONS. following a year in which each Center de- (ii) that may provide services, supports, (a) APPLICATIONS FOR CORE CENTER scribed in subsection (a) received a grant and assistance for the persons described in GRANTS.— award of not less than $500,000 under sub- clause (i) through demonstration and model (1) IN GENERAL.—To be eligible to receive a section (a) (adjusted in accordance with this activities. grant under section 151(a) for a Center, an subsection), the Secretary shall adjust the (C) Conduct of research, which may include entity shall submit to the Secretary, and ob- awards to take into account the most recent basic or applied research, evaluation, and the tain approval of, an application at such time, percentage change in the Consumer Price analysis of public policy in areas that affect in such manner, and containing such infor- Index published by the Secretary of Labor or could affect, either positively or nega- mation, as the Secretary may require. under section 100(c)(1) of the Rehabilitation tively, individuals with developmental dis- (2) APPLICATION CONTENTS.—Each applica- Act of 1973 (29 U.S.C. 720(c)(1)) (if the per- abilities and their families. tion described in paragraph (1) shall describe centage change indicates an increase), prior (D) Dissemination of information related a 5-year plan, including a projected goal re- to making grants under subsection (c) or (d). to activities undertaken to address the pur- lated to 1 or more areas of emphasis for each

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00087 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.002 H11OC0 22244 CONGRESSIONAL RECORD—HOUSE October 11, 2000 of the core functions described in section funds made available under the grant to le- the project may not be more than 90 percent 153(a). verage additional public and private funds to of the necessary costs of the project, as de- (3) ASSURANCES.—The application shall be successfully achieve the projected goals de- termined by the Secretary. approved by the Secretary only if the appli- veloped in the 5-year plan; (3) GRANT EXPENDITURES.—For the purpose cation contains or is supported by reasonable (G)(i) have a director with appropriate aca- of determining the Federal share with re- assurances that the entity designated as the demic credentials, demonstrated leadership, spect to the project, expenditures on that Center will— expertise regarding developmental disabil- project by a political subdivision of a State (A) meet regulatory standards as estab- ities, significant experience in managing or by a public or private entity shall, subject lished by the Secretary for Centers; grants and contracts, and the ability to le- to such limitations and conditions as the (B) address the projected goals, and carry verage public and private funds; and Secretary may by regulation prescribe under out goal-related activities, based on data (ii) allocate adequate staff time to carry section 104(b), be considered to be expendi- driven strategic planning and in a manner out activities related to each of the core tures made by a Center under this subtitle. consistent with the objectives of this sub- functions described in section 153(a); and (e) ANNUAL REPORT.—Each Center shall an- title, that— (H) educate, and disseminate information nually prepare and transmit to the Secretary (i) are developed in collaboration with the related to the purpose of this title to, the a report containing— consumer advisory committee established legislature of the State in which the Center (1) information on progress made in achiev- pursuant to subparagraph (E); is located, and to Members of Congress from ing the projected goals of the Center for the (ii) are consistent with, and to the extent such State. previous year, including— feasible complement and further, the Council (b) SUPPLEMENTAL GRANT APPLICATIONS (A) the extent to which the goals were goals contained in the State plan submitted PERTAINING TO NATIONAL TRAINING INITIA- achieved; under section 124 and the system goals estab- TIVES IN CRITICAL AND EMERGING NEEDS.—To (B) a description of the strategies that con- lished under section 143; and be eligible to receive a supplemental grant tributed to achieving the goals; (iii) will be reviewed and revised annually under section 151(b), a Center may submit a (C) to the extent to which the goals were as necessary to address emerging trends and supplemental application to the Secretary at not achieved, a description of factors that needs; such time, in such manner, and containing impeded the achievement; and (C) use the funds made available through such information as the Secretary may re- (D) an accounting of the manner in which the grant to supplement, and not supplant, quire, pursuant to the terms and conditions funds paid to the Center under this subtitle for a fiscal year were expended; the funds that would otherwise be made set by the Secretary consistent with section (2) information on proposed revisions to available for activities described in section 153(b). the goals; and 153(a); (c) PEER REVIEW.— (D) protect, consistent with the policy (3) a description of successful efforts to le- (1) IN GENERAL.—The Secretary shall re- verage funds, other than funds made avail- specified in section 101(c) (relating to rights quire that all applications submitted under able under this subtitle, to pursue goals con- of individuals with developmental disabil- this subtitle be subject to technical and sistent with this subtitle. ities), the legal and human rights of all indi- qualitative review by peer review groups es- viduals with developmental disabilities (es- tablished under paragraph (2). The Secretary SEC. 155. DEFINITION. In this subtitle, the term ‘‘State’’ means pecially those individuals under State guard- may approve an application under this sub- ianship) who are involved in activities car- each of the several States of the United title only if such application has been rec- ried out under programs assisted under this States, the District of Columbia, the Com- ommended by a peer review group that has subtitle; monwealth of Puerto Rico, the United States conducted the peer review required under (E) establish a consumer advisory com- Virgin Islands, and Guam. this paragraph. In conducting the review, the mittee— SEC. 156. AUTHORIZATION OF APPROPRIATIONS. group may conduct onsite visits or inspec- (i) of which a majority of the members (a) AUTHORIZATION AND RESERVATIONS.— tions of related activities as necessary. shall be individuals with developmental dis- (1) AUTHORIZATION.—There are authorized (2) ESTABLISHMENT OF PEER REVIEW abilities and family members of such individ- to be appropriated to carry out this subtitle GROUPS.— uals; (other than section 153(c)(4)) $30,000,000 for (A) IN GENERAL.—The Secretary, acting (ii) that is comprised of— fiscal year 2000 and such sums as may be nec- (I) individuals with developmental disabil- through the Commissioner of the Adminis- essary for each of fiscal years 2001 through ities and related disabilities; tration on Developmental Disabilities, may, 2006. notwithstanding— (II) family members of individuals with de- (2) RESERVATION FOR TRAINING INITIA- (i) the provisions of title 5, United States velopmental disabilities; TIVES.—From any amount appropriated for a (III) a representative of the State protec- Code, concerning appointments to the com- fiscal year under paragraph (1) and remain- tion and advocacy system; petitive service; and ing after each Center described in section (IV) a representative of the State Council (ii) the provisions of chapter 51, and sub- 152(a) has received a grant award of not less on Developmental Disabilities; chapter III of chapter 53 of title 5, United than $500,000, as described in section 152, the (V) a representative of a self-advocacy or- States Code, concerning classification and Secretary shall reserve funds for the training ganization described in section General Schedule pay rates; initiatives authorized under section 153(b). 124(c)(4)(A)(ii)(I); and establish such peer review groups and ap- (3) RESERVATION FOR TECHNICAL ASSIST- (VI) representatives of organizations that point and set the rates of pay of members of ANCE.— may include parent training and information such groups. (A) YEARS BEFORE APPROPRIATION TRIG- centers assisted under section 682 or 683 of (B) COMPOSITION.—Each peer review group GER.—For any covered year, the Secretary the Individuals with Disabilities Education shall include such individuals with disabil- shall reserve funds in accordance with sec- Act (20 U.S.C. 1482, 1483), entities carrying ities and parents, guardians, or advocates of tion 163(c) to fund technical assistance ac- out activities authorized under section 101 or or for individuals with developmental dis- tivities under section 153(c) (other than sec- 102 of the Assistive Technology Act of 1998 abilities, as are necessary to carry out this tion 153(c)(4)). (29 U.S.C. 3011, 3012), relevant State agencies, subsection. (B) YEARS AFTER APPROPRIATION TRIGGER.— and other community groups concerned with (3) WAIVERS OF APPROVAL.—The Secretary For any fiscal year that is not a covered the welfare of individuals with develop- may waive the provisions of paragraph (1) year, the Secretary shall reserve not less mental disabilities and their families; with respect to review and approval of an ap- than $300,000 and not more than 2 percent of (iii) that reflects the racial and ethnic di- plication if the Secretary determines that the amount appropriated under paragraph (1) versity of the State; and exceptional circumstances warrant such a to fund technical assistance activities under (iv) that shall— waiver. section 153(c) (other than section 153(c)(4)). (I) consult with the Director of the Center (d) FEDERAL SHARE.— (C) COVERED YEAR.—In this paragraph, the regarding the development of the 5-year (1) IN GENERAL.—The Federal share of the term ‘‘covered year’’ means a fiscal year plan, and shall participate in an annual re- cost of administration or operation of a Cen- prior to the first fiscal year for which the view of, and comment on, the progress of the ter, or the cost of carrying out a training amount appropriated under paragraph (1) is Center in meeting the projected goals con- initiative, supported by a grant made under not less than $20,000,000. tained in the plan, and shall make rec- this subtitle may not be more than 75 per- (b) LIMITATION.—The Secretary may not ommendations to the Director of the Center cent of the necessary cost of such project, as use, for peer review or other activities di- regarding any proposed revisions of the plan determined by the Secretary. rectly related to peer review conducted that might be necessary; and (2) URBAN OR RURAL POVERTY AREAS.—In under this subtitle— (II) meet as often as necessary to carry out the case of a project whose activities or (1) for fiscal year 2000, more than $300,000 of the role of the committee, but at a minimum products target individuals with develop- the funds made available under subsection twice during each grant year; mental disabilities who live in an urban or (a); and (F) to the extent possible, utilize the infra- rural poverty area, as determined by the (2) for any succeeding fiscal year, more structure and resources obtained through Secretary, the Federal share of the cost of than the amount of funds used for the peer

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review and related activities in fiscal year agreements to public or private nonprofit en- (2) COVERED YEAR.—In this subsection, the 2000, adjusted to take into account the most tities for projects of national significance re- term ‘‘covered year’’ means— recent percentage change in the Consumer lating to individuals with developmental dis- (A) in the case of an expenditure for enti- Price Index published by the Secretary of abilities to carry out activities described in ties funded under subtitle B, a fiscal year for Labor under section 100(c)(1) of the Rehabili- section 161(2). which the amount appropriated under sec- tation Act of 1973 (29 U.S.C. 720(c)(1)) (if the (b) FEDERAL INTERAGENCY INITIATIVES.— tion 129(a) is less than $76,000,000; and percentage change indicates an increase). (1) IN GENERAL.— (B) in the case of an expenditure for enti- Subtitle E—Projects of National Significance (A) AUTHORITY.—The Secretary may— ties funded under subtitle D, a fiscal year SEC. 161. PURPOSE. (i) enter into agreements with Federal prior to the first fiscal year for which the The purpose of this subtitle is to provide agencies to jointly carry out activities de- amount appropriated under section 156(a)(1) grants, contracts, or cooperative agreements scribed in section 161(2) or to jointly carry is not less than $20,000,000. for projects of national significance that— out activities of common interest related to (3) REFERENCES.—References in this sub- (1) create opportunities for individuals the objectives of such section; and section to subtitle D shall not be considered with developmental disabilities to directly (ii) transfer to such agencies for such pur- to include section 153(c)(4). and fully contribute to, and participate in, poses funds appropriated under this subtitle, (d) TECHNICAL ASSISTANCE ON ELECTRONIC all facets of community life; and and receive and use funds from such agencies INFORMATION SHARING.—In addition to any (2) support the development of national for such purposes. funds reserved under subsection (c), the Sec- and State policies that reinforce and pro- (B) RELATION TO PROGRAM PURPOSES.— retary shall reserve $100,000 from the amount mote, with the support of families, guard- Funds transferred or received pursuant to appropriated under subsection (a) for each ians, advocates, and communities, of individ- this paragraph shall be used only in accord- fiscal year to carry out section 153(c)(4). uals with developmental disabilities, the ance with statutes authorizing the appro- (e) LIMITATION.—For any fiscal year for self-determination, independence, produc- priation of such funds. Such funds shall be which the amount appropriated under sub- tivity, and integration and inclusion in all made available through grants, contracts, or section (a) is not less than $10,000,000, not facets of community life of such individuals cooperative agreements only to recipients el- more than 50 percent of such amount shall be through— igible to receive such funds under such stat- used for activities carried out under section (A) family support activities; utes. 161(2)(A). (B) data collection and analysis; (C) PROCEDURES AND CRITERIA.—If the Sec- TITLE II—FAMILY SUPPORT (C) technical assistance to entities funded retary enters into an agreement under this under subtitles B and D, subject to the limi- subsection for the administration of a joint- SEC. 201. SHORT TITLE. tations described in sections 129(b), 156(a)(3), ly funded project— This title may be cited as the ‘‘Families of and 163(c); and (i) the agreement shall specify which agen- Children With Disabilities Support Act of (D) other projects of sufficient size and cy’s procedures shall be used to award 1999’’. scope that hold promise to expand or im- grants, contracts, or cooperative agreements SEC. 202. FINDINGS, PURPOSES, AND POLICY. prove opportunities for such individuals, in- and to administer such awards; (a) FINDINGS.—Congress makes the fol- cluding— (ii) the participating agencies may develop lowing findings: (i) projects that provide technical assist- a single set of criteria for the jointly funded (1) It is in the best interest of our Nation ance for the development of information and project, and may require applicants to sub- to preserve, strengthen, and maintain the referral systems; mit a single application for joint review by family. (ii) projects that provide technical assist- such agencies; and (2) Families of children with disabilities ance to self-advocacy organizations of indi- (iii) unless the heads of the participating provide support, care, and training to their viduals with developmental disabilities; agencies develop joint eligibility require- children that can save States millions of dol- (iii) projects that provide education for ments, an applicant for an award for the lars. Without the efforts of family care- policymakers; project shall meet the eligibility require- givers, many persons with disabilities would (iv) Federal interagency initiatives; ments of each program involved. receive care through State-supported out-of- (v) projects that enhance the participation (2) LIMITATION.—The Secretary may not home placements. of racial and ethnic minorities in public and construe the provisions of this subsection to (3) Most families of children with disabil- private sector initiatives in developmental take precedence over a limitation on joint ities, especially families in unserved and un- disabilities; funding contained in an applicable statute. derserved populations, do not have access to (vi) projects that provide aid to transition SEC. 163. AUTHORIZATION OF APPROPRIATIONS. family-centered and family-directed services youth with developmental disabilities from (a) IN GENERAL.—There are authorized to to support such families in their efforts to school to adult life, especially in finding em- be appropriated to carry out the projects care for such children at home. ployment and postsecondary education op- specified in this section $16,000,000 for fiscal (4) Medical advances and improved health portunities and in upgrading and changing year 2000, and such sums as may be necessary care have increased the life span of many any assistive technology devices that may be for each of fiscal years 2001 through 2006. people with disabilities, and the combination needed as a youth matures; (b) USE OF FUNDS.— of the longer life spans and the aging of fam- (vii) initiatives that address the develop- (1) GRANTS, CONTRACTS, AND AGREEMENTS.— ily caregivers places a continually increas- ment of community quality assurance sys- Except as provided in paragraph (2), the ing demand on the finite service delivery tems and the training related to the develop- amount appropriated under subsection (a) for systems of the States. ment, implementation, and evaluation of each fiscal year shall be used to award (5) In 1996, 49 States provided family sup- such systems, including training of individ- grants, or enter into contracts, cooperative port initiatives in response to the needs of uals with developmental disabilities and agreements, or other agreements, under sec- families of children with disabilities. Such their families; tion 162. initiatives included the provision of cash (viii) initiatives that address the needs of (2) ADMINISTRATIVE COSTS.—Not more than subsidies, respite care, and other forms of aging individuals with developmental dis- 1 percent of the amount appropriated under support. There is a need in each State, how- abilities and aging caregivers of adults with subsection (a) for each fiscal year may be ever, to strengthen, expand, and coordinate developmental disabilities in the commu- used to provide for the administrative costs the activities of a system of family support nity; (other than compensation of Federal employ- services for families of children with disabil- (ix) initiatives that create greater access ees) of the Administration on Developmental ities that is easily accessible, avoids duplica- to and use of generic services systems, com- Disabilities for administering this subtitle tion, uses resources efficiently, and prevents munity organizations, and associations, and and subtitles B, C, and D, including moni- gaps in services to families in all areas of the initiatives that assist in community eco- toring the performance of and providing State. nomic development; technical assistance to, entities that receive (6) The goals of the Nation properly in- (x) initiatives that create access to in- funds under this title. clude the goal of providing to families of creased living options; (c) TECHNICAL ASSISTANCE FOR COUNCILS children with disabilities the family support (xi) initiatives that address the chal- AND CENTERS.— services necessary— lenging behaviors of individuals with devel- (1) IN GENERAL.—For each covered year, the (A) to support the family; opmental disabilities, including initiatives Secretary shall expend, to provide technical (B) to enable families of children with dis- that promote positive alternatives to the use assistance for entities funded under subtitle abilities to nurture and enjoy their children of restraints and seclusion; and B or D, an amount from funds appropriated at home; (xii) initiatives that address other areas of under subsection (a) that is not less than the (C) to enable families of children with dis- emerging need. amount the Secretary expended on technical abilities to make informed choices and deci- SEC. 162. GRANT AUTHORITY. assistance for entities funded under that sub- sions regarding the nature of supports, re- (a) IN GENERAL.—The Secretary shall title (or a corresponding provision) in the sources, services, and other assistance made award grants, contracts, or cooperative previous fiscal year. available to such families; and

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00089 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22246 CONGRESSIONAL RECORD—HOUSE October 11, 2000 (D) to support family caregivers of adults Puerto Rico, the United States Virgin Is- backgrounds, disadvantaged individuals, in- with disabilities. lands, Guam, American Samoa, and the Com- dividuals with limited English proficiency, (b) PURPOSES.—The purposes of this title monwealth of the Northern Mariana Islands. and individuals from underserved geographic are— (6) SYSTEMS CHANGE ACTIVITIES.—The term areas (rural or urban). (1) to promote and strengthen the imple- ‘‘systems change activities’’ means efforts SEC. 205. APPLICATION. mentation of comprehensive State systems that result in laws, regulations, policies, To be eligible to receive a grant under this of family support services, for families with practices, or organizational structures— title, a State shall submit an application to children with disabilities, that are family- (A) that are family-centered and family-di- the Secretary at such time, in such manner, centered and family-directed, and that pro- rected; and containing such information and assur- vide families with the greatest possible deci- (B) that facilitate and increase access to, ances as the Secretary may require, includ- sionmaking authority and control regarding provision of, and funding for, family support ing information about the designation of a the nature and use of services and support; services for families of children with disabil- lead entity, a description of available State (2) to promote leadership by families in ities; and resources, and assurances that systems planning, policy development, implementa- (C) that otherwise accomplish the purposes change activities will be family-centered and tion, and evaluation of family support serv- of this title. family-directed. ices for families of children with disabilities; (b) SPECIAL RULE.—References in this title SEC. 206. DESIGNATION OF THE LEAD ENTITY. (3) to promote and develop interagency co- to a child with a disability shall be consid- (a) DESIGNATION.—The Chief Executive Of- ordination and collaboration between agen- ered to include references to an individual ficer of a State that desires to receive a cies responsible for providing the services; who is not younger than age 18 who— grant under section 204, shall designate the and (1) has a significant impairment described office or entity (referred to in this title as (4) to increase the availability of, funding in subsection (a)(1)(A); and the ‘‘lead entity’’) responsible for— for, access to, and provision of family sup- (2) is residing with and receiving assistance (1) submitting the application described in port services for families of children with from a family member. section 205 on behalf of the State; disabilities. SEC. 204. GRANTS TO STATES. (2) administering and supervising the use (c) POLICY.—It is the policy of the United (a) IN GENERAL.—The Secretary shall make of the amounts made available under the States that all programs, projects, and ac- grants to States on a competitive basis, in grant; tivities funded under this title shall be fam- accordance with the provisions of this title, (3) coordinating efforts related to and su- ily-centered and family-directed, and shall to support systems change activities de- pervising the preparation of the application; be provided in a manner consistent with the signed to assist States to develop and imple- (4) coordinating the planning, develop- goal of providing families of children with ment, or expand and enhance, a statewide ment, implementation (or expansion and en- disabilities with the support the families system of family support services for fami- hancement), and evaluation of a statewide need to raise their children at home. lies of children with disabilities that accom- system of family support services for fami- SEC. 203. DEFINITIONS AND SPECIAL RULE. plishes the purposes of this title. lies of children with disabilities among pub- (a) DEFINITIONS.—In this title: (b) AWARD PERIOD AND GRANT LIMITA- lic agencies and between public agencies and (1) CHILD WITH A DISABILITY.—The term TION.—No grant shall be awarded under this private agencies, including coordinating ef- ‘‘child with a disability’’ means an indi- section for a period of more than 3 years. No forts related to entering into interagency vidual who— State shall be eligible for more than 1 grant agreements; (A) has a significant physical or mental under this section. (5) coordinating efforts related to the par- impairment, as defined pursuant to State (c) AMOUNT OF GRANTS.— ticipation by families of children with dis- policy to the extent that such policy is es- (1) GRANTS TO STATES.— abilities in activities carried out under a tablished without regard to type of dis- (A) FEDERAL MATCHING SHARE.—From grant made under this title; and ability; or amounts appropriated under section 212(a), (6) submitting the report described in sec- (B) is an infant or a young child from birth the Secretary shall pay to each State that tion 208 on behalf of the State. through age 8 and has a substantial develop- has an application approved under section (b) QUALIFICATIONS.—In designating the mental delay or specific congenital or ac- 205, for each year of the grant period, an lead entity, the Chief Executive Officer may quired condition that presents a high prob- amount that is— designate— ability of resulting in a disability if services (i) equal to not more than 75 percent of the (1) an office of the Chief Executive Officer; are not provided to the infant or child. cost of the systems change activities to be (2) a commission appointed by the Chief (2) FAMILY.— carried out by the State; and Executive Officer; (A) IN GENERAL.—Subject to subparagraph (ii) not less than $100,000 and not more (3) a public agency; (B), for purposes of the application of this than $500,000. (4) a council established under Federal or title in a State, the term ‘‘family’’ has the (B) NON-FEDERAL SHARE.—The non-Federal State law; or meaning given the term by the State. share of the cost of the systems change ac- (5) another appropriate office, agency, or (B) EXCLUSION OF EMPLOYEES.—The term tivities may be in cash or in kind, fairly entity. does not include an employee who, acting in evaluated, including plant, equipment, or SEC. 207. AUTHORIZED ACTIVITIES. a paid employment capacity, provides serv- services. (a) IN GENERAL.—A State that receives a ices to a child with a disability in an out-of- (2) CALCULATION OF AMOUNTS.—The Sec- grant under section 204 shall use the funds home setting such as a hospital, nursing retary shall calculate a grant amount de- made available through the grant to carry home, personal care home, board and care scribed in paragraph (1) on the basis of— out systems change activities that accom- home, group home, or other facility. (A) the amounts available for making plish the purposes of this title. (3) FAMILY SUPPORT FOR FAMILIES OF CHIL- grants under this section; and (b) SPECIAL RULE.—In carrying out activi- DREN WITH DISABILITIES.—The term ‘‘family (B) the child population of the State con- ties authorized under this title, a State shall support for families of children with disabil- cerned. ensure that such activities address the needs ities’’ means supports, resources, services, (d) PRIORITY FOR PREVIOUSLY PARTICI- of families of children with disabilities from and other assistance provided to families of PATING STATES.—For the second and third unserved or underserved populations. children with disabilities pursuant to State fiscal years for which amounts are appro- policy that are designed to— priated to carry out this section, the Sec- SEC. 208. REPORTING. (A) support families in the efforts of such retary, in providing payments under this sec- A State that receives a grant under this families to raise their children with disabil- tion, shall give priority to States that re- title shall prepare and submit to the Sec- ities in the home; ceived payments under this section during retary, at the end of the grant period, a re- (B) strengthen the role of the family as pri- the preceding fiscal year. port containing the results of State efforts mary caregiver for such children; (e) PRIORITIES FOR DISTRIBUTION.—To the to develop and implement, or expand and en- (C) prevent involuntary out-of-the-home extent practicable, the Secretary shall award hance, a statewide system of family support placement of such children and maintain grants to States under this section in a man- services for families of children with disabil- family unity; and ner that— ities. (D) reunite families with children with dis- (1) is geographically equitable; SEC. 209. TECHNICAL ASSISTANCE. abilities who have been placed out of the (2) distributes the grants among States (a) IN GENERAL.—The Secretary shall enter home, whenever possible. that have differing levels of development of into contracts or cooperative agreements (4) SECRETARY.—The term ‘‘Secretary’’ statewide systems of family support services with appropriate public or private agencies means the Secretary of Health and Human for families of children with disabilities; and and organizations, including institutions of Services. (3) distributes the grants among States higher education, with documented experi- (5) STATE.—The term ‘‘State’’ means each that attempt to meet the needs of unserved ence, expertise, and capacity, for the purpose of the 50 States of the United States, the Dis- and underserved populations, such as indi- of providing technical assistance and infor- trict of Columbia, the Commonwealth of viduals from racial and ethnic minority mation with respect to the development and

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The Secretary shall disabilities. lated to the development and implementa- award the grants to pay for the Federal (b) PURPOSE.—An agency or organization tion, or expansion and enhancement, of fam- share of the cost of providing the vouchers. that provides technical assistance and infor- ily-centered and family-directed systems of (b) ELIGIBLE ENTITY.—To be eligible to re- mation under this section in a State that re- family support services for families of chil- ceive a grant under this section, an entity ceives a grant under this title shall provide dren with disabilities. shall be— the technical assistance and information to SEC. 212. AUTHORIZATION OF APPROPRIATIONS. (1) an institution of higher education; the lead entity of the State, family members (2) a State agency; or (a) IN GENERAL.—There are authorized to (3) a consortium of such institutions or of children with disabilities, organizations, be appropriated to carry out this title such agencies. service providers, and policymakers involved sums as may be necessary for each of fiscal (c) APPLICATION REQUIREMENTS.—To be eli- with children with disabilities and their fam- years 2000 through 2006. ilies. Such an agency or organization may gible to receive a grant under this section, (b) RESERVATION.— also provide technical assistance and infor- an eligible entity shall submit to the Sec- (1) IN GENERAL.—The Secretary shall re- mation to a State that does not receive a retary an application at such time, in such serve for each fiscal year 10 percent, or grant under this title. manner, and containing such information as $400,000 (whichever is greater), of the amount (c) REPORTS TO THE SECRETARY.—An entity the Secretary may require, including a de- providing technical assistance and informa- appropriated pursuant to subsection (a) to scription of— tion under this section shall prepare and sub- carry out— (1) the basis for awarding the vouchers; mit to the Secretary periodic reports regard- (A) section 209 (relating to the provision of (2) the number of individuals to receive the ing Federal policies and procedures identi- technical assistance and information to vouchers; and fied within the States that facilitate or im- States); and (3) the amount of funds that will be made pede the delivery of family support services (B) section 210 (relating to the conduct of available by the eligible entity to pay for the to families of children with disabilities. The evaluations). non-Federal share of the cost of providing report shall include recommendations to the (2) SPECIAL RULE.—For each year that the the vouchers. Secretary regarding the delivery of services, amount appropriated pursuant to subsection (d) SELECTION CRITERIA.—In awarding a coordination with other programs, and inte- (a) is $10,000,000 or greater, the Secretary grant under this section for a scholarship gration of the policies described in section may reserve 5 percent of such amount to program, the Secretary shall give priority to 202 in Federal law, other than this title. carry out section 211. an entity submitting an application that— SEC. 210. EVALUATION. TITLE III—PROGRAM FOR DIRECT SUP- (1) specifies that individuals who receive (a) IN GENERAL.—The Secretary shall con- PORT WORKERS WHO ASSIST INDIVID- vouchers through the program will be indi- duct a national evaluation of the program of UALS WITH DEVELOPMENTAL DISABIL- viduals— grants to States authorized by this title. ITIES (A) who are direct support workers who as- (b) PURPOSE.— SEC. 301. FINDINGS. sist individuals with developmental disabil- (1) IN GENERAL.—The Secretary shall con- Congress finds that— ities residing in diverse settings, while pur- duct the evaluation under subsection (a) to (1) direct support workers, especially suing postsecondary education; and assess the status and effects of State efforts young adults, have played essential roles in (B) each of whom verifies, prior to receiv- to develop and implement, or expand and en- providing the support needed by individuals ing the voucher, that the worker has com- hance, statewide systems of family support with developmental disabilities and expand- pleted 250 hours as a direct support worker services for families of children with disabil- ing community options for those individuals; in the past 90 days; ities in a manner consistent with the provi- (2) 4 factors have contributed to a decrease (2) states that the vouchers that will be sions of this title. In particular, the Sec- in the available pool of direct support work- provided through the program will be in retary shall assess the impact of such efforts ers, specifically— amounts of not more than $2,000 per year; on families of children with disabilities, and (A) the small population of individuals who (3) provides an assurance that the eligible recommend amendments to this title that are age 18 through 25, an age group that has entity (or another specified entity that is are necessary to assist States to accomplish been attracted to direct support work in the not a voucher recipient) will contribute the fully the purposes of this title. past; non-Federal share of the cost of providing (2) INFORMATION SYSTEMS.—The Secretary (B) the rapid expansion of the service sec- the vouchers; and shall work with the States to develop an in- tor, which attracts individuals who pre- (4) meets such other conditions as the Sec- formation system designed to compile and viously would have elected to pursue em- retary may specify. (e) FEDERAL SHARE.—The Federal share of report, from information provided by the ployment as direct support workers; the cost of providing the vouchers shall be States, qualitative and quantitative descrip- (C) the failure of wages in the human serv- not more than 80 percent. tions of the impact of the program of grants ices sector to keep pace with wages in other to States authorized by this title on— service sectors; and SEC. 304. STAFF DEVELOPMENT CURRICULUM AUTHORIZATION. (A) families of children with disabilities, (D) the lack of quality training and career (a) FUNDING.— including families from unserved and under- advancement opportunities available to di- (1) IN GENERAL.—The Secretary shall award served populations; rect support workers; and (B) access to and funding for family sup- funding, on a competitive basis, through a (3) individuals with developmental disabil- grant, cooperative agreement, or contract, port services for families of children with ities benefit from assistance from direct sup- disabilities; to a public or private entity or a combina- port workers who are well trained, and ben- tion of such entities, for the development, (C) interagency coordination and collabo- efit from receiving services from profes- ration between agencies responsible for pro- evaluation, and dissemination of a staff de- sionals who have spent time as direct sup- velopment curriculum, and related guide- viding the services; and port workers. (D) the involvement of families of children lines, for computer-assisted, competency- SEC. 302. DEFINITIONS. with disabilities at all levels of the statewide based, multimedia, interactive instruction, In this title: systems. relating to service as a direct support work- EVELOPMENTAL DISABILITY (c) REPORT TO CONGRESS.—Not later than (1) D .—The term er. ‘‘developmental disability’’ has the meaning 21⁄2 years after the date of enactment of this (2) PARTICIPANTS.—The curriculum shall be Act, the Secretary shall prepare and submit given the term in section 102. developed for individuals who— to the appropriate committees of Congress a (2) INSTITUTION OF HIGHER EDUCATION.—The (A) seek to become direct support workers report concerning the results of the evalua- term ‘‘institution of higher education’’ has who assist individuals with developmental tion conducted under this section. the meaning given the term in section 1201 of disabilities or are such direct support work- SEC. 211. PROJECTS OF NATIONAL SIGNIFI- the Higher Education Act of 1965 (20 U.S.C. ers; and CANCE. 1141). (B) seek to upgrade their skills and com- (a) STUDY BY THE SECRETARY.—The Sec- (3) SECRETARY.—The term ‘‘Secretary’’ petencies related to being a direct support retary shall review Federal programs to de- means the Secretary of Health and Human worker. termine the extent to which such programs Services. (b) APPLICATION REQUIREMENTS.—To be eli- facilitate or impede access to, provision of, SEC. 303. REACHING UP SCHOLARSHIP PRO- gible to receive an award under this section, and funding for family support services for GRAM. an entity shall submit to the Secretary an families of children with disabilities, con- (a) PROGRAM AUTHORIZATION.—The Sec- application at such time, in such manner, sistent with the policies described in section retary may award grants to eligible entities, and containing such information as the Sec- 202. on a competitive basis, to enable the entities retary may require, including— (b) PROJECTS OF NATIONAL SIGNIFICANCE.— to carry out scholarship programs by pro- (1) a comprehensive analysis of the content The Secretary shall make grants or enter viding vouchers for postsecondary education of direct support roles;

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(2) information identifying an advisory (b) STAFF DEVELOPMENT CURRICULUM.— ‘‘or the Developmental Disabilities Assist- group that— There are authorized to be appropriated to ance and Bill of Rights Act of 1999 may (A) is comprised of individuals with experi- carry out section 304 $800,000 for fiscal year deny’’. ence and expertise with regard to the sup- 2000 and such sums as may be necessary for (6) SOCIAL SECURITY ACT.— port provided by direct support workers, and each of fiscal years 2001 and 2002. (A) Section 1919(c)(2)(B)(iii)(III) of the So- effective ways to provide the support, for in- TITLE IV—REPEAL cial Security Act (42 U.S.C. dividuals with developmental disabilities in SEC. 401. REPEAL. 1396r(c)(2)(B)(iii)(III)) is amended by striking diverse settings; and (a) IN GENERAL.—The Developmental Dis- ‘‘part C of the Developmental Disabilities (B) will advise the entity throughout the abilities Assistance and Bill of Rights Act (42 Assistance and Bill of Rights Act’’ and in- development, evaluation, and dissemination U.S.C. 6000 et seq.) is repealed. serting ‘‘subtitle C of the Developmental of the staff development curriculum and (b) CONFORMING AMENDMENTS.— Disabilities Assistance and Bill of Rights Act guidelines; (1) INDIVIDUALS WITH DISABILITIES EDU- of 1999’’. (3) information describing how the entity CATION ACT.—Sections 644(b)(4) and 685(b)(4) (B) Section 1930(d)(7) of the Social Security will— of the Individuals with Disabilities Edu- Act (42 U.S.C. 1396u(d)(7)) is amended by (A) develop, field test, and validate a staff cation Act (20 U.S.C. 1444(b)(4), 1484a(b)(4)) striking ‘‘State Planning Council established development curriculum that— are amended by striking ‘‘the Developmental under section 124 of the Developmental Dis- (i) relates to the appropriate reading level Disabilities Assistance and Bill of Rights abilities Assistance and Bill of Rights Act, for direct service workers who assist individ- Act’’ and inserting ‘‘the Developmental Dis- and the Protection and Advocacy System es- uals with disabilities; abilities Assistance and Bill of Rights Act of tablished under section 142 of such Act’’ and (ii) allows for multiple levels of instruc- 1999’’. inserting ‘‘State Council on Developmental tion; (2) NATIVE AMERICAN HOUSING ASSISTANCE Disabilities established under section 125 of (iii) provides instruction appropriate for AND SELF-DETERMINATION ACT OF 1996.—Sec- the Developmental Disabilities Assistance direct support workers who work in diverse tion 4(17)(C) of the Native American Housing and Bill of Rights Act of 1999 and the protec- settings; and Assistance and Self-Determination Act of tion and advocacy system established under (iv) is consistent with subsections (b) and 1996 (25 U.S.C. 4103(17)(C)) is amended by subtitle C of that Act’’. (c) of section 101 and section 109; striking ‘‘as defined in’’ and all that follows (7) UNITED STATES HOUSING ACT OF 1937.— (B) develop, field test, and validate guide- and inserting ‘‘as defined in section 102 of Section 3(b)(3)(E)(iii) of the United States lines for the organizations that use the cur- the Developmental Disabilities Assistance Housing Act of 1937 (42 U.S.C. riculum that provide for— and Bill of Rights Act of 1999.’’. 1437a(b)(3)(E)(iii)) is amended by striking (i) providing necessary technical and in- (3) REHABILITATION ACT OF 1973.— ‘‘developmental disability’’ and all that fol- structional support to trainers and mentors (A) Section 105(c)(6) of the Rehabilitation lows and inserting ‘‘developmental disability for the participants; Act of 1973 (29 U.S.C. 725(c)(6)) is amended by as defined in section 102 of the Develop- (ii) ensuring easy access to and use of such striking ‘‘the State Developmental Disabil- mental Disabilities Assistance and Bill of curriculum by workers that choose to par- ities Council described in section 124 of the Rights Act of 1999.’’. ticipate in using, and agencies that choose to Developmental Disabilities Assistance and (8) HOUSING ACT OF 1949.—The third sentence use, the curriculum; Bill of Rights Act (42 U.S.C. 6024)’’ and in- of section 501(b)(3) of the Housing Act of 1949 (iii) evaluating the proficiency of the par- serting ‘‘the State Council on Developmental (42 U.S.C. 1471(b)(3)) is amended by striking ticipants with respect to the content of the Disabilities established under section 125 of ‘‘developmental disability’’ and all that fol- curriculum; the Developmental Disabilities Assistance lows and inserting ‘‘developmental disability (iv) providing necessary support to the par- and Bill of Rights Act of 1999’’. as defined in section 102 of the Develop- ticipants to assure that the participants (B) Sections 202(h)(2)(D)(iii) and 401(a)(5)(A) mental Disabilities Assistance and Bill of have access to, and proficiency in using, a of the Rehabilitation Act of 1973 (29 U.S.C. Rights Act of 1999.’’. computer in order to participate in the de- 762(h)(2)(D)(iii), 781(a)(5)(A)) are amended by (9) OLDER AMERICANS ACT OF 1965.— velopment, testing, and validation process; striking ‘‘Developmental Disabilities Assist- (A) Section 203(b)(17) of the Older Ameri- (v) providing necessary technical and in- ance and Bill of Rights Act (42 U.S.C. 6000 et cans Act of 1965 (42 U.S.C. 3013(b)(17)) is structional support to trainers and mentors seq.)’’ and inserting ‘‘Developmental Disabil- amended by striking ‘‘Developmental Dis- for the participants in conjunction with the ities Assistance and Bill of Rights Act of abilities and Bill of Rights Act’’ and insert- development, testing, and validation process; 1999’’. ing ‘‘Developmental Disabilities Assistance (vi) addressing the satisfaction of partici- (C) Subsections (a)(1)(B)(i), (f)(2), and and Bill of Rights Act of 1999’’. pants, individuals with developmental dis- (m)(1) of section 509 of the Rehabilitation (B) Section 427(a) of the Older Americans abilities and their families, providers of serv- Act of 1973 (29 U.S.C. 794e) are amended by Act of 1965 (42 U.S.C. 3035f(a)) is amended by ices for such individuals and families, and striking ‘‘part C of the Developmental Dis- striking ‘‘part A of the Developmental Dis- other relevant entities with the curriculum; abilities Assistance and Bill of Rights Act (42 abilities Assistance and Bill of Rights Act (42 and U.S.C. 6041 et seq.)’’ and inserting ‘‘subtitle C U.S.C. 6001 et seq.)’’ and inserting ‘‘subtitle C (vii) developing methods to maintain a of the Developmental Disabilities Assistance of the Developmental Disabilities Assistance record of the instruction completed, and the and Bill of Rights Act of 1999’’. and Bill of Rights Act of 1999’’. content mastered, by each participant under (D) Section 509(f)(5)(B) of the Rehabilita- (C) Section 429F(a)(1) of the Older Ameri- the curriculum; and tion Act of 1973 (29 U.S.C. 794e(f)(5)(B)) is cans Act of 1965 (42 U.S.C. 3035n(a)(1)) is (C) nationally disseminate the curriculum amended by striking ‘‘Developmental Dis- amended by striking ‘‘section 102(5) of the and guidelines, including dissemination abilities Assistance and Bill of Rights Act (42 Developmental Disabilities Assistance and through— U.S.C. 6000 et seq.)’’ and inserting ‘‘Develop- Bill of Rights Act (42 U.S.C. 6001(5))’’ and in- (i) parent training and information centers mental Disabilities Assistance and Bill of serting ‘‘section 102 of the Developmental funded under part D of the Individuals with Rights Act of 1999’’. Disabilities Assistance and Bill of Rights Act Disabilities Education Act (20 U.S.C. 1451 et (4) ASSISTIVE TECHNOLOGY ACT OF 1998.— of 1999’’. seq.); (A) Section 3(a)(11)(A) of the Assistive (D) Section 712(h)(6)(A) of the Older Ameri- (ii) community-based organizations of and Technology Act of 1998 (29 U.S.C. cans Act of 1965 (42 U.S.C. 3058g(h)(6)(A)) is for individuals with developmental disabil- 3002(a)(11)(A)) is amended by striking ‘‘part C amended by striking ‘‘part A of the Develop- ities and their families; of the Developmental Disabilities Assistance mental Disabilities Assistance and Bill of (iii) entities funded under title I; and Bill of Rights Act (42 U.S.C. 6041 et Rights Act (42 U.S.C. 6001 et seq.)’’ and in- (iv) centers for independent living; seq.)’’ and inserting ‘‘subtitle C of the Devel- serting ‘‘subtitle C of the Developmental (v) State educational agencies and local opmental Disabilities Assistance and Bill of Disabilities Assistance and Bill of Rights Act educational agencies; Rights Act of 1999’’. of 1999’’. (vi) entities operating appropriate medical (B) Paragraphs (1) and (2) of section 102(a) (10) CRIME VICTIMS WITH DISABILITIES facilities; of the Assistive Technology Act of 1998 (29 AWARENESS ACT.—Section 3 of the Crime Vic- (vii) postsecondary education entities; and U.S.C. 3012(a)) are amended by striking ‘‘De- tims With Disabilities Awareness Act (42 (viii) other appropriate entities; and velopmental Disabilities Assistance and Bill U.S.C. 3732 note) is amended by striking (4) such other information as the Secretary of Rights Act (42 U.S.C. 6000 et seq.)’’ and in- ‘‘term’’ and all that follows and inserting the may require. serting ‘‘Developmental Disabilities Assist- following ‘‘term in section 102 of the Devel- SEC. 305. AUTHORIZATION OF APPROPRIATIONS. ance and Bill of Rights Act of 1999’’. opmental Disabilities Assistance and Bill of (a) SCHOLARSHIPS.—There are authorized to (5) HEALTH PROGRAMS EXTENSION ACT OF Rights Act of 1999.’’. be appropriated to carry out section 303 1973.—Section 401(e) of the Health Programs (11) CRANSTON-GONZALEZ NATIONAL AFFORD- $800,000 for fiscal year 2000 and such sums as Extension Act of 1973 (42 U.S.C. 300a–7(e)) is ABLE HOUSING ACT.—The third sentence of may be necessary for each of fiscal years 2001 amended by striking ‘‘or the’’ and all that section 811(k)(2) of the Cranston-Gonzalez through 2006. follows through ‘‘may deny’’ and inserting National Affordable Housing Act (42 U.S.C.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00092 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22249 8013(k)(2)) is amended by striking ‘‘as de- This program provides basic state funding 1809, and to include extraneous mate- fined’’ and all that follows and inserting ‘‘as for local developmental disability councils. rial thereon. defined in section 102 of the Developmental It provides state grants for advocacy and The SPEAKER pro tempore. Is there Disabilities Assistance and Bill of Rights Act objection to the request of the gen- of 1999.’’. protection. (12) STATE DEPENDENT CARE DEVELOPMENT It funds university affiliated programs and tleman from New York? GRANTS ACT.—Section 670G(3) of the State programs of national significance, all of which There was no objection. Dependent Care Development Grants Act (42 are vital to the services needed for the dis- f U.S.C. 9877(3)) is amended by striking ‘‘sec- abled. CORRECTING ENROLLMENT OF S. tion 102(7) of the Developmental Disabilities This legislation will bring over $6 million 1809, DEVELOPMENTAL DISABIL- Assistance and Bill of Rights Act’’ and in- each year to provide these programs to needy ITIES ASSISTANCE AND BILL OF serting ‘‘section 102 of the Developmental New Yorkers. Disabilities Assistance and Bill of Rights Act RIGHTS ACT OF 1999 of 1999’’. Mr. Speaker, The over 2 million New York- Mr. LAZIO. Mr. Speaker, I ask unani- (13) PROTECTION AND ADVOCACY FOR MEN- ers who suffer from disabilities are no different TALLY ILL INDIVIDUALS ACT OF 1986.— from the rest of us. mous consent to take from the Speak- (A) Section 102(2) of the Protection and Ad- They have ambitions, goals and desires, er’s table the Senate concurrent reso- vocacy for Mentally Ill Individuals Act of just like you or me. lution (S. Con. Res. 133) to correct the 1986 (42 U.S.C. 10802(2)) is amended by strik- They are people like Fred Klemm, from enrollment of S. 1809, and ask for its ing ‘‘part C of the Developmental Disabil- Hauppauge, Long Island, in my district, who immediate consideration in the House. ities Assistance and Bill of Rights Act’’ and has a wife and 2 children. The Clerk read the title of the Senate inserting ‘‘subtitle C of the Developmental concurrent resolution. Disabilities Assistance and Bill of Rights Act He was a dietary assistant looking forward of 1999’’. to going back to school when disaster struck. The SPEAKER pro tempore. Is there (B) Section 114 of the Protection and Advo- Fred was found in the Atlantic Ocean at objection to the request of the gen- cacy for Mentally Ill Individuals Act of 1986 Smith Point County Park, LI, after an accident tleman from New York? (42 U.S.C. 10824) is amended by striking ‘‘sec- on his jet ski. Mr. HOYER. Mr. Speaker, reserving tion 107(c) of the Developmental Disabilities After 41⁄2 months in the hospital, Fred was the right to object, I will not object, Assistance and Bill of Rights Act’’ and in- but I yield to the gentleman from New serting ‘‘section 105 of the Developmental transported to a rehab center to begin his re- York (Mr. LAZIO) so he might explain Disabilities Assistance and Bill of Rights Act covery. of 1999’’. Fred now lives in an assisted-living apart- the unanimous consent request. (14) STEWART B. MCKINNEY HOMELESS AS- ment and is being helped to re-learn skills he Mr. LAZIO. Mr. Speaker, I want to SISTANCE ACT.—Section 422(2)(C) of the Stew- will need to one day be able to live independ- thank the gentleman from Maryland art B. McKinney Homeless Assistance Act (42 ently. for his leadership on this particular U.S.C. 11382(2)(C)) is amended by striking ‘‘as Mr. Speaker, Fred’s rehabilitation is being bill, as he is a leader on many bills of defined’’ and all that follows and inserting conducted by the Long Island Head Injury As- interest to Americans who are con- ‘‘as defined in section 102 of the Develop- cerned about empowering those among mental Disabilities Assistance and Bill of sociation (LIHA). Rights Act of 1999, or’’. LIHA is a independent, not-for-profit group us who are disabled. (15) ASSISTED SUICIDE FUNDING RESTRICTION that receives Disability Act funding through This takes up, which we just passed, ACT OF 1997.— one of the four programs re-authorized by the actually, S. 1809, which is the Senate- (A) Section 4 of the Assisted Suicide Fund- Act—the basic state grants for developmental passed Developmental Disabilities Act ing Restriction Act of 1997 (42 U.S.C. 14403) is disability councils. And, since 1963, Mr. reauthorization, with a correcting en- amended— Speaker, The Developmental Disabilities As- rollment, which we are doing right (i) by striking the section heading and in- sistance Act has helped America’s most vul- now. serting the following: It maintains the language that the ‘‘SEC. 4. RESTRICTION ON USE OF FEDERAL nerable citizens to attain the productivity that FUNDS UNDER CERTAIN GRANT benefits both them and us. gentleman and I have worked through PROGRAMS.’’; And, it does so in a way that is consistent in the House-passed version, basic re- and with principles of responsibility and restraint authorization. (ii) by striking ‘‘part B, D, or E of the De- that are at the core of our world view. Mr. HOYER. Reclaiming my time, velopmental Disabilities Assistance and Bill This bill provides flexibility for States to Mr. Speaker, I thank the gentleman for of Rights Act’’ and inserting ‘‘subtitle B, D, fashion programs that respond to local prob- his explanation, and I thank him for or E of the Developmental Disabilities As- lems. his work on this. I certainly want to sistance and Bill of Rights Act of 1999’’. say to our friends in the Senate, Sen- (B) Section 5(b)(1) of the Assisted Suicide It is pro-family. By supporting the ability of Funding Restriction Act of 1997 (42 U.S.C. families to rear and nurture their develop- ator JEFFORDS and Senator HARKIN and 14404(b)(1)) is amended by striking subpara- mentally disabled children in the home. others who have worked on this legisla- graph (A) and inserting the following: It is fiscally responsible. Because most ac- tion, that we are very pleased that it is ‘‘(A) PROTECTION AND ADVOCACY SYSTEMS tivities are implemented at the State level, with here. We are pleased that, with the UNDER THE DEVELOPMENTAL DISABILITIES AS- only an extremely small Federal agency to gentleman from New York, we were SISTANCE AND BILL OF RIGHTS ACT OF 1999.— provide general oversight of the program. able to get agreement on the unani- Subtitle C of the Developmental Disabilities mous consent. I rise in very strong sup- Assistance and Bill of Rights Act of 1999.’’. It promotes accountability for measurable results in programs serving the disabled. port of the passage of this legislation. Mr. LAZIO. Mr. Speaker, I’d like to begin by Mr. Speaker, we more fortunate Americans Mr. Speaker, I am pleased to be here to dis- thanking Senator JEFFORDS for his help in will be judged on how we care for the less for- cuss a landmark piece of legislation that will passing this bill In the Senate. improve the lives of over four million individ- Mr. Speaker, this year is the 10th anniver- tunate among us. uals with developmental disabilities—The Re- sary of a landmark piece of civil rights legisla- Let’s offer a hand up to some of those who authorization of the Developmental Disabilities tion—the Americans with Disabilities Act. need it the most. Let’s authorize this program, And, it is in that spirit that I rise in support let’s pass this bill. Act. of the re-authorization of the Developmental The Senate bill was ordered to be The road to passing The Reauthorization of Disabilities Assistance and Bill of Rights Act. read a third time, was read the third the Developmental Disabilities Act has been Mr. Speaker, this is good bi-partisan legisla- time, and passed, and a motion to re- long and tortuous. tion. consider was laid on the table. The Reauthorization of the Developmental It is legislation that reflects The spirit of en- f Disabilities Act was passed originally by the Senate around the same time this month, last terprise and ingenuity that made America GENERAL LEAVE great. year. We had some problems moving it here It is legislation that promotes self-suffi- Mr. LAZIO. Mr. Speaker, I ask unani- in the House, but were finally successful in ciency, Productivity and community integration mous consent that all Members may passing a House version in July during the for those who suffer from developmental dis- have 5 legislative days within which to 10th anniversary celebration of The Americans abilities. revise and extend their remarks on S. With Disabilities Act (ADA).

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00093 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.003 H11OC0 22250 CONGRESSIONAL RECORD—HOUSE October 11, 2000 As the lead sponsor of the ADA 10 years gation that proved discrimination was (11) In section 212, strike ‘‘2000 through ago, I was especially pleased to be able to happening at the State level. The Bush 2006’’ and insert ‘‘2001 through 2007’’. work on another important piece of disability administration’s own national council (12) In section 305— on disability documented the discrimi- (A) in subsection (a)— legislation while celebrating the passage of (i) strike ‘‘fiscal year 2000’’ and insert ‘‘fis- civil rights for people with disabilities. nation in its report to Congress. cal year 2001’’; and Today we are here to pass a joint resolution We can’t let the court turn back the (ii) strike ‘‘fiscal years 2001 through 2006’’ that incorporates technical changes we made clock on disability rights in the same and insert ‘‘fiscal years 2002 through 2007’’; here in the House and re-pass the Senate’s year that we are celebrating the anni- and version. versary of these important protections. (B) in subsection (b)— This bill originated in the Senate, and out of The ADA allowed us to tear down the (i) strike ‘‘fiscal year 2000’’ and insert ‘‘fis- respect for the hard work of Senators JEF- wall of exclusion and pour a strong cal year 2001’’; and (ii) strike ‘‘fiscal years 2001 and 2002’’ and FORDS, KENNEDY and HARKIN, we would like to foundation for the house of equality. insert ‘‘fiscal years 2002 and 2003’’. send the original Senate bill to the President But that house—in which Americans to sign. are judged by their ability and not The Senate concurrent resolution The DD Act has not been substantially reau- their disability—is still being built. was concurred in. A motion to reconsider was laid on thorized since 1994, and is in need of some The promise remains unfulfilled, but the table. updating. Just as our technology and science still is within reach. evolves every day, so do the strategies for I urge my colleagues to support the f reaching, engaging, and assisting individuals reauthorization of the Developmental GENERAL LEAVE with developmental disabilities. Disabilities Act. Mr. LAZIO. Mr. Speaker, I ask unani- Individuals with developmental disabilities Mr. Speaker, I withdraw my reserva- mous consent that all Members may often have multiple, evolving, life long needs tion of objection. have 5 legislative days within which to that require interaction with agencies and or- The SPEAKER pro tempore. Is there revise and extend their remarks on ganizations that offer specialized assistance objection to the request of the gen- Senate Concurrent Resolution 133, and as well as interaction with generic services in tleman from New York? to include extraneous material there- their communities. There was no objection. on. The DD Act seeks to provide a voice for The Clerk read the Senate concur- The SPEAKER pro tempore. Is there those with developmental disabilities, those rent resolution, as follows: objection to the request of the gen- with mental retardation, autism, cerebral palsy S. CON. RES. 133 tleman from New York? and epilepsy, as they navigate through the Resolved by the Senate (the House of Rep- There was no objection. complicated system of public services, policies resentatives concurring), That the Secretary f and organizations that we currently have in of the Senate, in the enrollment of the bill place. (S. 1809) to improve service systems for indi- GENERAL LEAVE. The DD Act seeks to provide families with viduals with developmental disabilities, and Mr. LAZIO. Mr. Speaker, I ask unani- the knowledge and tools they need to help in- for other purposes, shall make the following mous consent that all Members may corrections: dividuals with developmental disabilities be- have 5 legislative days in which to re- come integrated and included in their commu- (1) Strike ‘‘1999’’ each place it appears (other than in section 101(a)(2)) and insert vise and extend their remarks and in- nities, to foster true independence of those ‘‘2000’’. clude extraneous material on House with developmental disabilities and protect (2) In section 101(a)(2), strike ‘‘are’’ and in- Resolution 616. themselves from abuse and neglect. sert ‘‘were’’. The SPEAKER pro tempore. Is there Mr. Chairman, as we stand here today, (3) In section 104(a)— objection to the request of the gen- ready to pass the final version of the Develop- (A) in paragraphs (1), (3)(C), and (4), strike tleman from New York? mental Disabilities Act, I think it is appropriate ‘‘2000’’ each place it appears and insert There was no objection. to acknowledge and remind all of my col- ‘‘2001’’; and f leagues of the battle that people with disabil- (B) in paragraph (4), strike ‘‘fiscal year ities have fought in order to obtain basic civil 2001’’ and insert ‘‘fiscal year 2002’’. MOTION TO GO TO CONFERENCE (4) In section 124(c)(4)(B)(i), strike ‘‘2001’’ rights. ON H.R. 2415, AMERICAN EM- and insert ‘‘2002’’. BASSY SECURITY ACT OF 1999 It is appropriate that the House passed the (5) In section 125(c)— first version of this bill on the 10th anniversary (A) in paragraph (5)(H), strike ‘‘assess’’ and Mr. CHABOT. Mr. Speaker, by direc- of the ADA, and today as we pass this final insert ‘‘access’’; and tion of the Committee on International version of the Developmental Disabilities Act, (B) in paragraph (7), strike ‘‘2001’’ and in- Relations and pursuant to clause 1 of the Supreme Court is hearing a case that may sert ‘‘2002’’. rule XXII, I offer a motion. significantly alter the civil rights protections (6) In section 129(a)— The SPEAKER pro tempore. The granted in the ADA. (A) strike ‘‘fiscal year 2000’’ and insert Clerk will report the motion. ‘‘fiscal year 2001’’; and Today the court is hearing oral argu- (B) strike ‘‘fiscal years 2001 through 2006’’ The Clerk read as follows: ments to review whether Congress had and insert ‘‘fiscal years 2002 through 2007’’. Mr. CHABOT moves that the House dis- the authority to abrogate State immu- (7) Is section 144(e), strike ‘‘2001’’ and in- agree to the amendment of the Senate to the nity and enforce the ADA’s anti- sert ‘‘2002’’. Bill H.R. 2415 and agree to the conference re- discrimination protections against (8) In section 145— quested by the Senate. State governments. (A) strike ‘‘fiscal year 2000’’ and insert The SPEAKER pro tempore. The gen- A negative ruling from the Supreme ‘‘fiscal year 2001’’; and tleman from Ohio (Mr. CHABOT) is rec- Court could call into question alto- (B) strike ‘‘fiscal years 2001 through 2006’’ ognized for 1 hour. gether the constitutionality of title II and insert ‘‘fiscal years 2002 through 2007’’. Mr. CHABOT. Mr. Speaker, I yield (9) In section 156— of the ADA, as well as other disability (A) in subsection (a)(1)— myself such time as I may consume. rights statutes. (i) strike ‘‘fiscal year 2000’’ and insert ‘‘fis- Mr. Speaker, the purpose is to go to As someone who was there during the cal year 2001’’; and conference on H.R. 2415. debates on the ADA, these questions (ii) strike ‘‘fiscal years 2001 through 2006’’ Mr. Speaker, I yield back the balance aren’t hard to answer. There was a and insert ‘‘fiscal years 2002 through 2007’’; of my time, and I move the previous great deal of discrimination going on and question on the motion. at the State level—people with disabil- (B) in subsection (b), strike ‘‘2000’’ each PARLIAMENTARY INQUIRIES ities were segregated into institutions; place it appears and insert ‘‘2001’’. Mr. CONYERS. Parliamentary in- (10) In section 163— children were discriminated against in (A) strike ‘‘fiscal year 2000’’ and insert quiry, Mr. Speaker. Is it not tradi- public school; public transportation ‘‘fiscal year 2001’’; and tional that at least the other side of didn’t accommodate wheelchairs; and (B) strike ‘‘fiscal years 2001 through 2006’’ the aisle would get half the time, 30 there was a history of section 504 liti- and insert ‘‘fiscal years 2002 through 2007’’. minutes? Is that not traditional here?

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00094 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22251 The SPEAKER pro tempore. The Mr. GEKAS. Mr. Speaker, will the there is an attempt now to patently time for debate on this motion is 1 gentleman yield? misuse the legislative process. Enough hour. It is at the discretion of the gen- The SPEAKER pro tempore. The gen- time on that. tleman from Ohio (Mr. CHABOT). tleman from Ohio (Mr. CHABOT) has Mr. Speaker, it is my understanding Mr. NADLER. Parliamentary in- moved the previous question. that the State Department authoriza- quiry, Mr. Speaker. Mr. GEKAS. Mr. Speaker, may I try tion has already been enacted. Is this The SPEAKER pro tempore. The gen- to untangle this? bill, therefore, merely being used as a tleman from New York (Mr. NADLER) The SPEAKER pro tempore. Are vehicle to enact bankruptcy, the bank- will state his parliamentary inquiry. there further parliamentary inquiries? ruptcy provisions? Mr. NADLER. Mr. Speaker, do I un- Mr. GEJDENSON. Continuing par- Mr. Speaker, I yield to the gentleman derstand the Chair to be saying that liamentary inquiry, Mr. Speaker. from Pennsylvania (Mr. GEKAS), the the majority party has decided that The SPEAKER pro tempore. The gen- ranking member of the subcommittee; the minority has zero time for debate tleman from Connecticut will state his the chair of the subcommittee. on this bill because it is embarrassed parliamentary inquiry. Mr. GEKAS. Mr. Speaker, we should by this bill, or because of some other Mr. GEJDENSON. Would it be appro- at least get that right. reason? priate at this point, Mr. Speaker, for Mr. Speaker, I am willing to answer. The SPEAKER pro tempore. The gen- the gentleman from Ohio to ask unani- Let us go back to something I said. tleman from Ohio has moved the pre- mous consent to remove his motion, How can the gentleman from Michigan vious question on the motion. and then we can have a discussion? say that? Mr. NADLER. Continuing parliamen- Mr. CHABOT. Mr. Speaker, I with- Mr. CONYERS. Mr. Speaker, yes or tary inquiry, Mr. Speaker. draw my request for the previous ques- no, please. The SPEAKER pro tempore. The gen- tion. Mr. GEKAS. Mr. Speaker, is the gen- tleman will state his inquiry. Mr. Speaker, I yield 10 minutes to tleman yielding to me or not? Mr. NADLER. Mr. Speaker, am I to the other side and 10 minutes to the Mr. CONYERS. I am, for an answer. Mr. GEKAS. What is the question? understand from what the gentleman gentleman from Pennsylvania (Mr. What is the answer? has said and from what the Speaker is GEKAS). Mr. CONYERS. I could give the gen- saying that the minority is to be de- The SPEAKER pro tempore. Without tleman the answer as well, but the nied its customary time to debate this objection, the gentleman from Michi- question is, is this bill before us merely bill; that there is no time to debate gan (Mr. CONYERS) and the gentleman a vehicle to enact the bankruptcy pro- this bill at all? Is that what we are to from Pennsylvania (Mr. GEKAS) each visions? will control 10 minutes. understand? Mr. GEKAS. No, not merely. The SPEAKER pro tempore. The gen- There was no objection. Mr. CONYERS. Not merely. What Mr. GEKAS. Mr. Speaker, I yield my- tleman is not stating a parliamentary else? inquiry. self such time as I may consume. Mr. GEKAS. It depends on what the Mr. NADLER. Parliamentary in- Mr. Speaker, when we came to the word ‘‘else’’ means and what ‘‘is’’ quiry, Mr. Speaker. floor for this august parliamentary de- means. But at this point, it is not The SPEAKER pro tempore. The gen- bate, we came with the understanding merely to put in the bankruptcy. tleman from New York will state his that an agreement had been reached Mr. CONYERS. Yes. That is very inquiry. that on the motion to go to conference, good. Mr. NADLER. Under the rules of this that there would be no debate and that Mr. Speaker, this is a very poor proc- House, how much time will the minor- it would be routinely accorded a voice ess, as everybody on the floor has al- ity get to debate this bill, this motion? vote, and then we would move to what ready noted. This is totally against The SPEAKER pro tempore. If there the minority has planned to do; name- tradition, to attempt to move this is a motion to instruct the conferees, ly, to move on a motion to instruct the measure of bankruptcy into a measure the hour of debate on that motion is conference. That was the under- that has already been passed into law. equally divided. standing under which we came to the This is incredible. Mr. NADLER. I cannot hear you, sir. floor. Mr. Speaker, as a matter of fact, I The SPEAKER pro tempore. Any mo- If Members want to begin the debate will ask for the assistance of the gen- tion to instruct conferees to follow will on the content of their motion to in- tleman from Virginia (Mr. BOUCHER), be debatable for one hour, equally di- struct during the motion to go to con- and will need, at the appropriate time, vided. ference, they are just duplicating ef- to be asking the Speaker for an exer- Mr. GEJDENSON. Parliamentary in- fort. Why do we not all agree that the cise of discretion to substitute him for quiry, Mr. Speaker. motion for conference, to go to con- me as a conferee on the following The SPEAKER pro tempore. The gen- ference, will be accorded a voice vote, issues with regard to enhanced con- tleman from Connecticut (Mr. and then go into the debate on the mo- sumer protection, priority child sup- GEJDENSON) will state his parliamen- tion to instruct? That is the gentle- port provisions, general and small busi- tary inquiry. manly way to approach this. ness bankruptcy provisions, municipal Mr. GEJDENSON. Mr. Speaker, is I ask the minority to allow the vote bankruptcy provisions, data bank- the Speaker aware of other precedents to go to conference to take place, and ruptcy, and several other items. where the minority was not given half then we can proceed to the motion to Mr. Speaker, I would ask the Speaker the time to discuss the motion to go to instruct, and we will debate the merits to keep that in mind at the appropriate conference? of that motion. time. The SPEAKER pro tempore. The gen- Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of tleman has simply moved the previous my time. my time. question. Mr. CONYERS. Mr. Speaker, I yield Mr. GEKAS. Mr. Speaker, I yield my- Mr. GEJDENSON. Excuse me, again, myself such time as I may consume. self such time as I may consume. Mr. Speaker. Is it not the tradition of Mr. Speaker, I would say to my Mr. Speaker, some day before this the House that the minority have an friend, the gentleman from Pennsyl- session is over or before our careers are opportunity to discuss the motion, and vania; they are there are two different over, I say to the gentleman from not be silenced by this parliamentary questions involved. We cannot roll one Michigan, I want him to explain to me maneuver? into the other and say, let us go on. We on a one-to-one basis why we came to The SPEAKER pro tempore. The want to talk about what is happening this floor on a gentleman’s agreement Chair cannot be the historian of the procedurally on this bill. that we were going to proceed on the House under the guise of a parliamen- We are dealing with a bill that has motion to conference and then reserve tary inquiry. already been passed into law in which the debate for the motion to instruct?

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00095 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22252 CONGRESSIONAL RECORD—HOUSE October 11, 2000 If there was no such agreement, then months while family farms are still were eloquent in lambasting the un- I say to the gentleman, we will stay being held hostage to the banks’ wish fairness of the bill and all the concoc- here for 31⁄2 hours, if the gentleman list. We have not even done our basic tions that they wrought for the pur- wants to, to debate the motion to in- business and passed the appropriations pose of trying to defeat the bill, despite struct, or any phase of what the gen- bills to fund the Federal Government. all of that, I repeat with pride, that 315 tleman wants to try to get across. But today we have before us in the Members voted in favor of it. All I am saying to the gentleman is, guise of a motion to go to conference Only the members of the Committee are we not prepared now to go to a mo- on a State Department bill, a 400-page on the Judiciary on the minority were tion to instruct? list of favors for the large special inter- in any kind of gathering of force to try ests. We should pay our debt to the b 1715 to oppose it, and they failed miserably. American people, first. No one knows What we are trying to do, Mr. Speak- Let us just proceed with the debate. what is in the bill that is going to be er, is to allow this body to again voice Mr. Speaker, I reserve the balance of proposed in this conference. Nobody its approval of a much-needed reform. my time. here will get to review it. Our country needs bankruptcy reform. Mr. CONYERS. Mr. Speaker, I yield 3 This will be another secret shame on The people by a handsome majority minutes to the gentleman from New the House and on the voters. This is a favor the reform measure. If we want York (Mr. NADLER). perfect illustration of the depths to to argue it some more, we will keep Mr. NADLER. Mr. Speaker, let me which our failure to pass serious cam- bringing up the 315 votes, we will keep start from the beginning and say I was paign finance reform a few years ago bringing up those people who support aware of no gentleman’s agreement. In has brought us. I am sorry that we do it, all the groups around the country order to purchase the right to speak on not have a full hour to debate this bill, that are in favor of bankruptcy reform, this bill, we just gave up the right to that we have only 20 minutes because and do whatever it takes to re-convince vote on this bill because of the coer- of the wish of the majority to trample the 315 that we are prepared to bring cion by the Republican majority. on the rules of this House, because reform in bankruptcy to the American We had to purchase the right to they do not want to see this bill really people. speak on this bill for 10 minutes on our debated, to see the light of day, be- Mr. Speaker, I reserve the balance of side instead of 30 minutes, because my cause if the American people really my time. colleagues are trampling on the rules knew what was in it, they would be Mr. CONYERS. Mr. Speaker, how and the customs and the procedures of outraged. much time remains on each side? the House, because my colleagues do Mr. GEKAS. Mr. Speaker, I yield my- The SPEAKER pro tempore (Mr. not want any debate on this bill, be- self such time as I may consume. OSE). The gentleman from Pennsyl- cause it will not stand the light of day, Mr. Speaker, the gentleman from vania (Mr. GEKAS) has 5 minutes re- especially what my colleagues are New York (Mr. NADLER) really wants to maining, and the gentleman from doing here. debate the bill. If we do debate it for Michigan (Mr. CONYERS) has 4 minutes This is a State Department reauthor- another 2 hours or 4 hours, it will be a remaining. ization bill, but who is managing it? Do cumulation, a cumulative period of Mr. CONYERS. Mr. Speaker, I yield 1 we see the foreign affairs committee about 50 hours that we have spent de- minute to the gentlewoman from people here on either side of the aisle? bating the very same items that are in Texas, (Ms. JACKSON-LEE). No, everybody knows that is a fiction. this bill that were in when we first de- Ms. JACKSON-LEE of Texas. Mr. This is a bankruptcy bill, and therefore bated it and which gained in the House Speaker, it is interesting that we come the Committee on Judiciary people are of Representatives 315 votes. again with the same representation of here, the gentleman from Pennsylvania This was a bigger vote on the same 315 votes. This is the people’s House, (Mr. GEKAS), the gentleman from Con- provisions, almost the same wording, a but we voted on this bankruptcy legis- necticut (Mr. CONYERS), myself in order bigger vote than the previous time lation that is now being tagged on to a to deal with this bankruptcy bill in the when the House voted 300-something- State Department authorization for no guise of the State Department author- plus on the same provisions to which reason in 1997, 1998, and 1999. There is ization bill, a motion to go to con- we are addressing these remarks. no swell in this for this bill to be ference on the State Department au- It has been debated in committee, in brought forward with all of the ills thorization bill, a bill that was signed subcommittee, off the floor, in infor- that it has. It is a bad bill. There is no into law last year, number one. mal conference, in the newspapers, in need in this economy for a bankruptcy Number two, why? Why are we tram- the forums of the news media, and we reform. pling upon the normal procedures and are prepared to do the will of the Con- The bankruptcy judges have said rules of the House? Because $40 million gress, to do the will of the House. That there is no need. The trustees have said has been spent on lobbying and cam- is why we had to use this extraordinary there is no need, but there is need to paign contributions by the big banks measure to make sure that the will of help those who suffer from cata- and they must be repaid. They must the people in the country and the will strophic illnesses or senior citizens get their way. People in the margins of of the Members of the House and of the who cannot afford to do what they need society, those who have had their jobs Senate be accorded a vote finally on to do because of catastrophic illnesses sent overseas, who have suffered seri- bankruptcy reform. or because people are divorced, or be- ous illnesses, who have had to face the What has happened is, even though cause there is a question about child economic consequences of divorce or we tried valiantly through our chair- support and alimony. These need to be the death of a breadwinner, these man, the gentleman from Illinois (Mr. fixed. Americans have very small voices in HYDE), to try to convene a conference There is a homestead exemption that this Congress, and they are drowned as far back as June, recalcitrant Mem- needs to be balanced with other States; out by the millions spent by the big bers of the minority in the other body but, yet, we are coming to the floor banks, by the shopping centers, the saw fit to try to wreck this reform with the bankruptcy bill in the dark of credit card companies. measure, just as others even on the night almost with no understanding as This dominates and will have their floor here today are trying to do, and to why this bill has to be pushed way on this, even if the majority just because of that, we had to move along, through in this session, when, in fact, trampled the rules and the procedures plug along in trying to get a vehicle or Mr. Speaker, it has problems. and customs of the House. a methodology by which we can return I know we are going to go to con- Mr. Speaker, we are not getting pre- back to this floor with the bill which ference. I hope we can try and fix these scription drug relief. We are not get- had handsomely passed this member- problems in conference. ting campaign finance reform. Farmers ship. And even though the gentlemen Mr. GEKAS. Mr. Speaker, how much have been without chapter 12 relief for who are now speaking on the minority time remains on each side?

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00096 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22253 The SPEAKER pro tempore. The gen- Mr. GEKAS. Mr. Speaker, it has to do b 1730 tleman from Pennsylvania (Mr. GEKAS) with the search for better government Mr. GEKAS. Mr. Speaker, I yield 2 has 5 minutes remaining. within the Congress of the United minutes to the gentleman from Vir- Mr. GEKAS. Mr. Speaker, I yield my- States, in the realm of the State De- ginia (Mr. BOUCHER). self such time as I may consume. partment and in the realm of bank- Mr. Speaker, I think the record Mr. BOUCHER. Mr. Speaker, I thank ruptcy reform, and for the good of our the gentleman from Pennsylvania for should reflect the fact that every sin- people who demand action on the State gle issue that the gentlewoman from yielding me this time. Department and on bankruptcy reform. Mr. Speaker, I rise in support of the Texas (Ms. JACKSON-LEE) articulated Mr. NADLER. Reclaiming my time, I here in her remarks has been debated, motion to go to conference on H.R. thank the gentleman, Mr. Speaker. In 2415. I also rise in support of the inclu- redebated, discussed, rediscussed, over- other words, we are using the State De- discussed, continuously discussed, and sion of the bankruptcy reform legisla- partment bill for something that has tion as a part of this measure. Inclu- hearings were held on them. Then I re- nothing to do with the State Depart- peat, because it is an important fact sion of the legislation as part of this ment, because we cannot find an hon- act will enable us to move forward with for everybody to remember, after all of est way under the rules of the House to that and all of the debate, including a much-needed reform of the bank- do this. ruptcy laws. the gentlewoman’s concerns which she Mr. CONYERS. Mr. Speaker, how That reform was approved in this just expressed, 315 Members of the much time is remaining? House in May by the overwhelming House and whatever it was in the other The SPEAKER pro tempore. The gen- vote of 315 to 108, and I would suggest body overwhelmingly approved bank- tleman from Michigan (Mr. CONYERS) that that strong vote underscores the ruptcy reform. has 11⁄2 minutes remaining, the gen- broad agreement among Members of The time has come for us to resolve tleman from Pennsylvania (Mr. GEKAS) the House on both sides of the aisle the issue. Should we or should we not has 4 minutes remaining, and the gen- that we need a bankruptcy reform that bring bankruptcy reform to the Amer- tleman from Ohio (Mr. CHABOT) has 40 restores an element of personal respon- ican people? We are facilitating that minutes remaining. sibility to the bankruptcy process. through this mechanism of the con- Mr. CONYERS. Mr. Speaker, I re- ference which we are about to convene. serve the balance of my time. In February of this year, the Senate Mr. Speaker, I reserve the balance of Mr. GEKAS. Mr. Speaker, I reserve approved a similar measure by the vote my time. the balance of my time. Is there a tie of 83 to 14. Unfortunately, due to proce- Mr. CONYERS. Mr. Speaker, I yield now? dural hurdles in the Senate, it has been 11⁄2 minutes to the gentleman from New Mr. CONYERS. Mr. Speaker, I yield difficult to reach an agreement be- York (Mr. NADLER), the ranking mem- 30 seconds to the gentlewoman from tween the two bodies so that uniform ber of the Subcommittee on Commer- California (Ms. LOFGREN). legislation may be considered by both cial and Administrative Law. Ms. LOFGREN. Mr. Speaker, I urge Chambers. Mr. NADLER. Mr. Speaker, I simply that we vote against this misguided ef- The hurdles encountered in the other want to ask the gentleman from Penn- fort to include provisions of so-called body have created the need to utilize sylvania (Mr. GEKAS), chairman of the reform of the Bankruptcy Act that the procedure that we are considering subcommittee, since he assured us a would impose an indiscriminate means today. The legislation takes a balanced moment ago that this House has voted test that will be injurious to women, to approach to bankruptcy reform. on this bill, can he assure us that the the payment of childcare; and not only Our main goal in passing the legisla- bill that we are going to see is the is this process disappointing, the sub- tion was to encourage those individuals same bill the House voted on, or is it a stance of the bill before us falls far who can repay a substantial part of different bill? How do we know? short of what this body should do for what they owe to use the reorganiza- Mr. GEKAS. Mr. Speaker, will the the hard-working and poor people of tion procedures of Chapter 13 rather gentleman yield? this country, more than half of whom than the complete liquidation proce- Mr. NADLER. I yield to the gen- file for bankruptcy because of health dures of Chapter 7. tleman from Pennsylvania. That is a modest and needed reform Mr. GEKAS. Mr. Speaker, it will be care costs. Mr. CONYERS. Mr. Speaker, I yield endorsed broadly in this House, en- different, but the basic core values of myself such time as I may consume. dorsed broadly in the other House. All the bankruptcy reform bill which will Mr. Speaker, this is yet another bla- that we are asking now is the oppor- make sure—— tunity to have a conference to bring Mr. NADLER. Reclaiming my time, tant example of the misuse of the legis- lative process by the Republican ma- final agreement to this much-needed Mr. Speaker. measure. Mr. GEKAS. Does the gentleman jority. Last week, it was used in the So, Mr. Speaker, I urge that this want to reclaim his time? Violence Against Women Act as an ex- Mr. NADLER. Yes, Mr. Speaker, it is cuse to pass special interests legisla- House approve the motion to go to con- my time. tion benefiting the alcohol wholesalers. ference. Mr. Speaker, I thank the gentleman Today, we are attempting to use the Mr. GEKAS. Mr. Speaker, I yield my- for answering the question. The gen- State Department bill as a ruse to pass self such time as I may consume. tleman said it will be different, so we special interests bankruptcy provi- Mr. Speaker, I ask the gentleman have not debated that bill. We may sions. Now what is wrong with the bill? from Michigan (Mr. CONYERS) if he is have debated a bill with similar core The proposal attempts to oppose an in- prepared to go to a vote to go to con- values. I am not going to say I concede discriminate means test to determine ference. If so, I will yield back the bal- that, I assume that, but it is not the eligibility for bankruptcy relief. It is ance of my time, and we can vote on same bill. highly damaging to a single mother’s the conference and go to the next por- Mr. Speaker, I would ask one other if access to the bankruptcy system. tion of this. the gentleman wants to answer. What The business provisions of the pro- Mr. CONYERS. Mr. Speaker, if the on earth does this have to do with the posal will impose harsh time deadlines gentleman will yield, the answer is yes. State Department authorization? What and massive new legal and paperwork Mr. GEKAS. Yes. on earth does this have to do with re- requirements. And so I want to say to Mr. CONYERS. Mr. Speaker, I yield authorization of the State Depart- my colleagues that the bankruptcy ref- back the balance of my time. ment? erees who have tried to consult with us Mr. CHABOT. Mr. Speaker, I yield Mr. GEKAS. Mr. Speaker, will the are shocked that we would move such back the balance of my time, and I gentleman yield? legislation forward. move the previous question on the mo- Mr. NADLER. I yield to the gen- Mr. Speaker, I urge my colleagues tion. tleman from Pennsylvania. not to give it their support. The previous question was ordered.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00097 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22254 CONGRESSIONAL RECORD—HOUSE October 11, 2000 The SPEAKER pro tempore (Mr. committee, it should be a real con- Mr. GEKAS. Mr. Speaker, the proce- OSE). The question is on the motion of- ference committee, not the sham, shad- dure is implicit in the rules of the fered by the gentleman from Ohio (Mr. ow conference where only people who House as to how a conference and to CHABOT). basically approved of the bill were con- what proportions Members will be able The motion was agreed to. sulted, and not the sham conference we to participate and to what degree ac- A motion to reconsider was laid on had 2 years ago where, after a ceremo- cess to the public will be made, and so the table. nial opening where no one was allowed I do confirm the rules of the House in MOTION TO INSTRUCT OFFERED BY MR. NADLER to offer amendments, everything else that regard. Mr. NADLER. Mr. Speaker, I offer a was done in camera and the members Mr. NADLER. Mr. Speaker, reclaim- motion to instruct conferees. of the minority were presented only ing my time, frankly, no one has to The Clerk read as follows: with a written report to sign or not to confirm the rules of the House. The Mr. NADLER moves that the managers on sign. There were no further meetings. rules of the House are what they are. the part of the House at the conference on If the spirit of democratic procedure, But despite the rules of the House, past the disagreeing votes of the two Houses on with a small ‘‘d,’’ in this House is to be conferences on this bill and con- the Senate amendment to the bill (H.R. 2415) upheld, then the conference committee ferences on other bills have not been be instructed to insist that— ought to be a real committee. There done this way. Some have. Many have (1) A meeting of the committee of con- ought to be meetings. The meetings ference be held and that all such meetings not been. (A) be open to the public and to the print ought to be held in a room with chairs So I ask if we have the gentleman’s and electronic media; and and seats and space for the media to re- personal commitment as a member of (B) be held in venues selected to maximize port on it as is generally the case with, the majority, perhaps the chairman of the capacity for attendance by the public as in fact is uniformly the case with the conference, that the conference and the media. the rules of the House for committee will be done in accordance with the (2) the committee of conference allow suffi- meetings. That is all this says. urgings of this motion that we are ap- cient opportunity for members of the com- I find it difficult to imagine how any- mittee on conference to offer and to debate parently about to pass. Because the one can vote against this because all it rules of the House have no enforcement amendments to the matters in conference at says is the meetings of the conference all meetings of the committee of conference. mechanism. That is why I am asking committee should be in conformance Mr. GEKAS (during the reading). Mr. for his personal commitment as the en- with the normal practices, open meet- forcement mechanism on this situa- Speaker, I ask unanimous consent that ings, and the bill should be a result of the motion be considered as read, and tion. open deals openly arrived at, to para- Mr. Speaker, since the gentleman printed in the RECORD. phrase Woodrow Wilson. from Pennsylvania (Mr. GEKAS) is look- The SPEAKER pro tempore. Is there It is a very simple motion. I expect ing at me with a quizzical look on his objection to the request of the gen- everyone will support this obviously face—— tleman from Pennsylvania? uncontroversial and constructive mo- Mr. GEKAS. Mr. Speaker, I always There was no objection. tion so that the bill and the changes do. The SPEAKER pro tempore. Under that will be made in it can be done in Mr. NADLER. Well, sometimes, I de- rule XXII, the gentleman from New the light of day, and everyone can be serve that. York (Mr. NADLER) and the gentleman responsible for what they do. The from Pennsylvania (Mr. GEKAS) each Mr. GEKAS. Yes. media, whoever is interested can be Mr. NADLER. And sometimes not. will control 30 minutes. there, and there will be seats in the The Chair recognizes the gentleman But in any event, the rules of the room so people who are interested can House are often waived. So that is why from New York (Mr. NADLER). watch it. It is hard for me to imagine Mr. NADLER. Mr. Speaker, if it is in I am simply asking for the gentleman’s any grounds for opposing this. word, his commitment that, in this deference to the wish of the majority Mr. Speaker, I reserve the balance of case, the rules of the House, as ex- to move expeditiously, I ask unani- my time. mous consent that we limit debate to Mr. GEKAS. Mr. Speaker, I yield my- pressed in this motion to instruct, 15 minutes on each side. self such time as I may consume. namely, that the meetings will be open The SPEAKER pro tempore. Is there Mr. Speaker, I am willing to and will to the public and to the print and elec- objection to the request of the gen- yield back the balance of my time and tronic media, that they will be held in tleman from New York? say to the movers of the motion that rooms large enough so people can at- Mr. GEKAS. Mr. Speaker, I will we agree to the content of the motion tend, and that members of the con- think about it for about 3 seconds and and we can go directly to a vote. ference committee will have the oppor- say proceed. We will agree to restrict it Mr. Speaker, I reserve the balance of tunity to offer and debate amend- to 15 minutes on each side. my time. ments, that that in fact will be done. There was no objection. Mr. NADLER. Mr. Speaker, I yield Do I have the gentleman’s commit- Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume, ment and assurance that that, in fact, myself such time as I may consume. and I will yield to the gentleman from will be done? Mr. Speaker, this motion to instruct Pennsylvania for a question. Mr. Speaker, I yield to the gentleman simply instructs the managers on sev- Mr. GEKAS. Mr. Speaker, if the gen- from Pennsylvania (Mr. GEKAS). eral points: one, that all meetings of tleman will yield, I will answer if I can. Mr. GEKAS. Mr. Speaker, I think we the conference committee be open to Mr. NADLER. Mr. Speaker, do we have to divide the gentleman’s ques- the public and to the print and elec- have a commitment from the gen- tion. It has so many facets to it. tronic media and be held in venues se- tleman from Pennsylvania (Mr. Let me put it this way. If I become lected to maximize the capacity for at- GEKAS), a personal commitment, that chairman of the conference, I will have tendance by the public and the media; the terms of this motion to instruct some power to determine the param- that is, that it be held in a large room will, in fact, be adhered to, because we eters of how it would be run. I am the and that it be open and public. have a record here of motions to in- lowly chairman of the subcommittee Secondly, that the committee of con- struct being ignored. So in other which happened to author this wonder- ference allow sufficient opportunity for words, do we have a commitment that, ful and needed bankruptcy reform members of the committee on con- in fact, the meetings will be open to measure. To the extent that we can ex- ference to offer and to debate amend- the public as it says here and members pedite this matter, I have tried to co- ments to the matters in conference at of the conference committee will have operate on the floor, as I have in all all meetings of the committee of con- opportunity to offer amendments and stages of these procedures. I want this ference. so forth? thing to move on; and whatever the In other words, Mr. Speaker, if we Mr. Speaker, I yield to the gentleman conference requires of its members, I are sending this bill to a conference from Pennsylvania (Mr. GEKAS). will accede in doing.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00098 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22255 Mr. NADLER. Mr. Speaker, with all whether he was satisfied at the proce- motion to instruct because in the last due deference, that is not an answer. dure that completed the work on bank- session of Congress I was part of the Mr. GEKAS. Mr. Speaker, the ques- ruptcy reform. I challenge him to do conference on bankruptcy. I recall that tion is—— that. Because the conference is a life conference being the opening of a door Mr. NADLER. Mr. Speaker, excuse all of its own. I cannot predict what it to a room, the seating at a table, the me, it is my time now. will do. I will not chair that con- gaveling of the opening of that con- Mr. Speaker, with all due deference, ference. ference and the gaveling of the conclu- the best way, I do not know if it is the I want to do the best I can to bring sion of that conference; all probably best way, but the easiest way to expe- before the American people much-need- occurring within a 20-minute time dite the process of the bill is to walk ed bankruptcy reform. Where have my frame, to my recollection. But there out with a bill, have the majority colleagues heard that before, Mr. was no time for amendments or public members of the conference committee Speaker? They heard that from me, be- view. sign it, and come back and say this is cause it is the logical answer to all the I think the misnomer that we have the conference report with no meet- contentions made by the people who here, Mr. Speaker, is the terminology ings. oppose bankruptcy reform. being used here: bankruptcy reform. So I will ask again, do I have a com- We are using a proved mechanism There is no reform if we do not take mitment that there will, in fact, be within the rules of the House and the into account people’s catastrophic ill- meetings in a room with the members Senate to bring a measure to the floor nesses, divorce, the need for alimony of the conference committee present at which has been debated, redebated, dis- protection, or child support protection. the same time and with members of the cussed, rediscussed, returned to the And there is no reform, Mr. Speaker, if conference committee able to offer and House, returned to the Senate, one the statistics will show that bank- debate amendments? Simple request. term to the next. There is nothing ruptcy filings are going down. Do I have that commitment, yes or no? more to be said except shall I vote yes The reason why this legislation has Mr. GEKAS. Mr. Speaker, if the gen- or no on bankruptcy reform? even come to the forefront and took so tleman will yield, I will offer all the Mr. Speaker, I yield back the balance long is because there was some crisis recommendations of the gentleman of my time. that the proponents of this bill viewed from New York (Mr. NADLER) to the Mr. NADLER. Mr. Speaker, I yield that they were having. There is no cri- committee when it is fully formed, and myself such time as I may consume. sis and the leaders in the industry, the I will have a copy of the CONGRES- Mr. Speaker, we do not have to wait bankruptcy judges, the bankruptcy SIONAL RECORD with all his rec- till next January, because I predict trustees, say there is no need for re- ommendations in it. We will hope that that we will have a bill on the floor, a form. The bankruptcy commission the conference, for his sake, will ac- completed conference report on the never settled on a response or an an- commodate as many of his requests in floor tomorrow. I also predict there swer that is incorporated in this bill. that multirequest statement he just will not have been a meeting, there The bankruptcy commission never made, Mr. Speaker. will not have been votes or amend- came forward on the means test, and So there is no need to prolong this. ments. that is what is in this bill. Let us go to conference. Now, I am not talking now about the This motion to instruct should be Mr. NADLER. Mr. Speaker, with all merits of the bill. I am talking about passed, Mr. Speaker, and I support it. due respect, we did not get any com- honest, open and democratic procedure Mr. Speaker, I come before you today to op- mitment that this will be adhered to. I so that people can see what is being pose this motion. It includes the highly con- will predict right now, and I will say it done in the open light of day in accord- troversial bankruptcy bill that was introduced ance with the normal rules of the on the floor, and, in fact, let me pose a by Senator LOTT during September. This bill, challenge to the Republican leadership. House, which hopefully would not be has not improved the very harsh provisions in I do not believe they are going to ad- waived in this case. the bill. here to this. I do not believe there will Mr. Speaker, I yield 1 minute to the The motion simply eliminates essential pro- be a meeting. I do not believe members gentleman from Michigan (Mr. CON- visions for minimum wage and tax break provi- will have the opportunity to offer YERS), the honorable ranking member sions that were agreed upon after a hard fight amendments. I do not believe there of the Committee on the Judiciary. by Democrats. Mr. CONYERS. Mr. Speaker, I see the will be votes on those amendments. I This drastic move, by the Republican lead- gentleman from Illinois (Mr. HYDE), do not believe anyone will be able to ership flies in the face of the months of nego- the distinguished chairman of the full sit at that meeting. tiations by both parties to put forth legislation Committee on the Judiciary here. I challenge them to show me I am that would provide adequate protection to the Could I ask if he would kindly join wrong. I predict that I am right. I chal- American people. In the time it took to slip this with us in pledging to affirm and carry lenge them to show me I am wrong. I new bill in to the Senate Bill Clerk’s Office, out the details of the motion to in- challenge them to show me they can, one member of the United States Senate cast struct. in fact, proceed on this bill in an hon- aside and buried all the time we spent ensur- Mr. Speaker, I yield to the gentleman orable way under the rules of the ing that certain protections were in place to from Illinois (Chairman HYDE) for some House. I bet they do not. assist hard working class and lower income closure on this matter. Mr. Speaker, I reserve the balance of Okay. The gentleman from Illinois people. This is regrettable. my time. I oppose this motion and introduction of this (Chairman HYDE) does not care to com- The SPEAKER pro tempore. The gen- ment on this matter. bill which has made a farce of the political tleman from Pennsylvania (Mr. GEKAS) process. has 15 minutes remaining. The gen- b 1745 The greatest challenge before us in the tleman from New York (Mr. NADLER) Mr. NADLER. Mr. Speaker, I yield bankruptcy reform efforts here in Congress is 1 has 7 ⁄2 minutes remaining. 11⁄2 minutes to the gentlewoman from solving the widely recognized inadequacies of Mr. GEKAS. Mr. Speaker, I yield my- Texas (Ms. JACKSON-LEE). the law in the area of consumer bankruptcy. self such time as I may consume. Ms. JACKSON-LEE of Texas. Mr. As it has always been in Congress, the key to Mr. Speaker, I still wanted to go to a Speaker, the gentleman made some in- this process, is, of course, successfully bal- vote here. That is why I agreed to the teresting points. One, I think the gen- ancing the priorities of creditors, who desire to motion. tleman’s inquiry is whether or not the general reduction in the amount of debtor filing Mr. Speaker, I will challenge the gen- bankruptcy bill is the same bill that fraud, and debtors, who desire fair and simple tleman from New York (Mr. NADLER) to saw one or two votes on the floor of the access to bankruptcy protections when they meet me here in this body next Janu- House. The response was that it is not. need them. ary when we reconvene and review Mr. Speaker, I think that is an im- We must come to a point of consensus on what happened here today to see portant point. I rise to support this how to approach the problems of consumer-

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00099 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.003 H11OC0 22256 CONGRESSIONAL RECORD—HOUSE October 11, 2000 debtor abuse. The main problems in this area erative process, it is the off-spring of a rubber viewed before applying a bright-line artificial are, (1) inaccurate debtor statements of their stamp bankruptcy reform factory—manufac- mathematical test that will thrust the petition assets in official filings, (2) multiple bankruptcy tured to curb financial abuse yet its provisions into Chapter 13. petitions in a short span of time in order to have not been tested. It may give rise to finan- This bill severely restricts the availability of gain an automatic stay or immediate protec- cial over-reaching by dishonest, unscrupulous debtors to seek protection utilizing State ex- tion from indebtedness, (3) too few Chapter 13 creditors. emption laws. Since 1939, the Texas Constitu- participants, and (4) too few Chapter 13 plans Debtors with the financial ability to pay their tion, Article 16, section 50, subsection (a), has are completed, particularly in regard to debtor obligations should be required to satisfy these provided debtors with a homestead exemption obligations to unsecured creditors. debts. Certainly, I am not suggesting that the against creditors’ claims. It states, ‘‘[T]he Mr. Speaker, imagine a debtor sitting at bankruptcy code should provide a shield for homestead of a family, or of a single adult desk, money in one hand and financial obliga- individuals interested in defrauding creditors. person, shall be, and is hereby protected from tions in the other. On the other side of this Financial responsibility and integrity is a noble forced sale, for the payment of all debts.’’ desk is a line of individuals waiting for pay- cause; however, a debtor’s familiar obligations Without application to bankruptcy law—this ment. In this line there are creditors standing should not be held hostage in an effort to ob- constitutional provision would have little utility along side their attorneys, mothers holding the tain these goals. for honest debtors. Whatever happened to the hands of their small children and students with This bill redirects a significant portion of a concept that a man’s home is his castle? In books. The debtor begins to pay his creditors debtor’s income to banks and credit card com- Texas, we believe in this principle and we are pursuant to law. As he begins to make pay- panies without providing a mechanism to pro- opposed to any legislation that threatens the ments he realizes that his available financial tect alimony and child support payments. Who viability of this protection. resources are limited—secured creditors are will advocate for our children—Who will speak Mr. Speaker, the entire Texas Delegation paid first. As he turns to make payment for his for the recipients of alimony payments? has signed a letter expressing concern over familiar obligations, the unsecured creditors This bill creates broader categories of non- the proposed monetary protection limit on the move forward with their counsel and request dischargeable debt. These new non-dis- amount of an individual’s homestead. At this payment or a lawsuit. Who will advocate for chargeable debt obligations will lower the po- time, I would like to introduce a copy of this our children, America’s largest indigent group? tential for women and children to receive nec- letter into the RECORD. Who will speak for the recipients of alimony essary support payments for their existence. Additionally, this bill will create exemptions and support payments? Women and children will be in direct competi- that are inconsistent with the overall intent and Let me start by stating that I am for bank- tion for the limited resources of the discharged spirit of bankruptcy. Furthermore, honest debt- ruptcy reform that is equitable and fair to all debtor. Who will advocate for our children— ors will be reluctant to file for financial protec- interested parties. I am for bankruptcy reform Who will speak for the recipients of alimony tion because of fear. that recognizes the financial interest at stake payments? We must protect women and children. Over for the debtor, his family and his creditors. Re- This bill is a catastrophic threat to our fami- sixty percent of bankruptcy petitioners have form that will give a debtor a fresh start—the lies who rely on support payments. Needs been unemployed within a two-year span prior new start bankruptcy has historically given to based bankruptcy utilizes an artificial mathe- to seeking assistance from the bankruptcy an individual that is financially unable to pay matical formula, the ‘‘means test,’’ that has its court. Approximately two out of every three his debts. genesis in a discretionary equation as deter- petitioners are recently divorced. According to The United States Constitution Article I, mined by the Internal Revenue Service collec- the Consumer Bankruptcy Project, an esti- Section 8, grants Congress the power to es- tion standards. mated 300,000 bankruptcy cases involved tablish uniform laws on the subject of bank- More importantly, this bill, mandates that the child support and alimony orders. ruptcies throughout the United States. In Janu- bankruptcy court presume abuse exists if the Under the existence bankruptcy structure, ary 1999 I took the Congressional Oath of Of- debtor’s current monthly income is not less particularly in Chapter 7, alimony and child fice to support and defend the Constitution of than 25 percent of the debtor’s nonpriority un- support payments survive. Consequently, ali- the United States against all enemies, foreign secured claims. A debtor can rebut this pre- mony and child support recipients are almost and domestic. It was an obligation that I took sumption of abuse by demonstrating and es- guaranteed payment because the debtor can freely and without any reservation. As a Mem- tablishing ‘‘extraordinary circumstances’’ that discharge other non-secured financial obliga- ber of Congress, I am bound to uphold the require additional expenses or adjustment of tions in order to make familiar payments. Constitution. income. We must protect women and children. If we My duty to uphold the Constitution is not a This problematic formula will ignore or un- deny access to Chapter 7 to individuals who theoretical duty but a real duty; it is a duty that derstate the real day to day expenses and fi- need this form of protection—debtors who fail compels me to voice my opposition to attempt nancial circumstances of an honest debtor. to complete the required repayment plan will by Republicans to usurp the process. It is a Bankruptcy legislation must take into account return to Chapter 7 with a diminished capacity duty that compels me to protect children, the specific needs of the debtor, his financial to repay their non-dischargeable debt—includ- women and honest debtors. It is a duty that obligations and that individual’s ability to pay ing child support and alimony payments. The obligates me to oppose any legislation that will creditors. This bill unacceptable because it au- 1970 Bankruptcy Commission concluded upset the delicate balance that has evolved thorizes and compels the bankruptcy court to ‘‘forced participation by a debtor in a plan re- over the years between creditors and honest convert a properly filed Chapter 7 bankruptcy quiring contributions out of future income has debtors. into a Chapter 13 pursuant to an arbitrary and little prospect for success. Hence it should not Regrettably this bill—will not give an honest capricious procedure that is harsh and ex- be adopted as a feature of the bankruptcy debtor—a fresh start. In fact, it will create a treme. system.’’ modern day debtors’ prison. Through the use Our bankruptcy system may be irreparably We must protect America’s families. Most of reaffirmation agreements and the shackling damaged as a result of attempting to promote individuals who file petitions in the bankruptcy mandatory provisions of this bill—innocent financial responsibility through a ‘‘means test.’’ courts are usually experiencing turbulent women and children will be hurt. Alimony and The National Bankruptcy Review Commission times. Financial hardship is a serious matter support payments will be subordinated to the rejected the means test formula because it will that deserves legislative reform that is the interest of creditors. not accomplish its goal—curbing abuse of the product of a deliberative process. Children do not have the financial resources bankruptcy system. The ‘‘means test’’ is a We must protect America’s families! This to hire an advocate to collect their support mean test because it penalizes honest debtors bill, is an extreme bill undertaken at the direc- payments. Most women do not have the finan- and their families. The ‘‘means test’’ promotes tion of special interest groups. We must pro- cial resources to hire an attorney to collect ali- a cookie-cutter mentality to an individualized tect working-class families. We must work to mony payments. Who will advocate for our problem. Who will advocate for our children— find a viable solution that deters abuse of the children—Who will speak for the recipients of Who will speak for the recipients of alimony bankruptcy system while preserving the fresh alimony payments? payments? start for discharged debtors. I am concerned about the potential adverse Bankruptcy reform must provide assurances We must protect America’s families! It is impact that this bill will have on America’s for honest debtors that their decision to file ironic that the consumer lending industry ac- families. This bill is not the product of a delib- Chapter 7 will be respected and thoroughly re- tively solicits unsuspecting consumers through

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00100 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22257 the mail with terms of easy credit, buy now— The reason we are here in the last State constitution with respect to pay later rhetoric. After addicting debtors to hours of Congress having to use the homestead? this ‘‘financial crack’’ lenders are advocating process that we have chosen is because Mr. GEKAS. Mr. Speaker, will the for reform. Of course debtors are responsible a handful of people who want to defeat gentleman yield? for financial obligations that they incur; how- the will of both bodies have chosen to Mr. BENTSEN. I yield to the gen- ever, lenders must assume responsibility for make it difficult if not impossible tleman from Pennsylvania. their actions in creating the precarious finan- without this route. I would associate Mr. GEKAS. I cannot predict what cial crisis we are discussing. myself with the comments of the gen- the final language will be in the con- In the 105th Congress, I served as a mem- tleman from Virginia (Mr. BOUCHER). I ference by reason of the deliberations ber of the Subcommittee on Commercial and think the will of the Congress is being of the conference that has yet to take Administrative law and as a conferee on H.R. expressed in the vehicle we have cho- place. It is my intent to press for the 3150, the precursor to the bill being unconsid- sen. States’ rights on homestead exemption ered under the motion today. Last year, I Bankruptcy reform is long overdue in to remain. signed onto the dissenting views of the ac- this country to protect people, women Mr. NADLER. Mr. Speaker, I yield companied report from the committee. The and children, to make sure their obli- myself 1 minute. Mr. Speaker, again I urge my col- dissents’ conclusion is appropriate in this con- gations owed to them are there. This leagues to vote for this motion to in- text: bankruptcy bill protects those who are struct and remind them that all it says For nearly 100 years, Congress has care- in need to make sure their payments is that we instruct the conferees that fully considered the bankruptcy laws and legis- come before anybody else gets their lated on a deliberate and bipartisan basis. In meetings of the conference committee payments. The bill seeks to reform a be open to the public and to the media; the past, Congress has elected also to care- system that has been outdated and fully preserve an insolvency system, that pro- to be held in rooms selected to maxi- needs to be brought up to the 21st cen- mize the capacity for attendance, that vides for a fresh start for honest, hard-working tury standards to make sure that peo- debtors, protects ongoing businesses and is, in big rooms; and that members of ple avail themselves of bankruptcy the conference committee be allowed jobs, and balances the rights of and between protection in a fair way and that the debtors and creditors. to offer and debate amendments. business community gets a fair shake. Mr. Speaker, I trust that that is a Because this motion departs from these his- So I would just say to my colleagues torical principles, I will vote in opposition to noncontroversial motion to instruct; on the other side who are talking about and if in fact I recall correctly, the this legislation. process, we are here in the last hours of Another problem that deserves attention by chairman of the subcommittee, the this Congress to do as much good for Congress is the area of creditor abuse. The gentleman from Pennsylvania, said he the American people as we can. This lending mechanisms that currently affords agreed with this motion. bill was passed 313 to 108 in the House, credit to consumers with low to moderate in- Mr. GEKAS. Mr. Speaker, I yield 3 83 to 14 in the Senate. The vehicle cho- comes have been faulty and have been minutes to the gentleman from Cali- sen here was chosen because a few peo- marked for restructuring, but no improvement fornia (Mr. ROYCE). ple made us do this. has come. We can not risk the creation of a Mr. ROYCE. Mr. Speaker, I thank the What we have chosen to do here, Mr. gentleman from Pennsylvania for ‘‘two-tier’’ credit system in this country that Speaker, is legal and follows the rules yielding me this time, and my com- generally ignores the interests of individuals at of the body, and I would ask all of my ments will go to the underlying bill. lower income levels. colleagues who support bankruptcy re- Let me just make the observation I am disappointed that the Republican Lead- form to come to our aid here in the last that we have had three votes on this ership has chosen to take two steps back- hours of the Congress and let us do measure, and it has passed with over- wards for every step forward, however, we, in something good for the American con- whelming bipartisan support. I think the Democratic party will press forward and sumer and the American business com- the time for reform really is now. work together to find the best way to accom- munity. The fact this bill will stop abusers plish these goals for the greater benefit of all Mr. NADLER. Mr. Speaker, how while protecting those who need it of the parties involved in this process. most is important. I think for too Finally, I oppose the motion to go to con- much time do I have remaining? The SPEAKER pro tempore. The gen- many wealthy Americans bankruptcy ference however, if the motion passes I sup- tleman from New York has 5 minutes is becoming the first stop rather than port the Nadler motion to instruct to insure an remaining. the last resort, and more and more open conference meeting that complies with Mr. NADLER. Mr. Speaker, I yield 1 higher-income people are choosing the rules of the House. Mr. GEKAS. Mr. Speaker, I ask unan- minute to the gentleman from Texas bankruptcy as a financial planning imous consent to reclaim my time. (Mr. BENTSEN). tool, sheltering substantial wealth, The SPEAKER pro tempore (Mr. Mr. BENTSEN. Mr. Speaker, I thank while sticking the consumers and re- OSE). Is there objection to the request the gentleman for yielding me this sponsible borrowers with the tab. That of the gentleman from Pennsylvania? time, and I would like to engage the is part of what this is about. They wipe There was no objection. subcommittee chairman in a colloquy, out billions of dollars worth of wealth Mr. GEKAS. Mr. Speaker, I yield 2 if I might. by doing this. Even one case of bank- minutes to the gentleman from South The previous speaker just mentioned ruptcy fraud or abuse is too many. It Carolina (Mr. GRAHAM). that the House passed the bill 313, or takes 33 Americans to pay for one Mr. GRAHAM. Mr. Speaker, I thank whatever, by a wide margin. The House bankruptcy of convenience. the gentleman for yielding me this also adopted language that allowed My point is we must restore personal time, and I thank the other side for al- States to opt out of the cap on the ex- responsibility to our bankruptcy code. lowing me to speak briefly. emption of homestead. This is some- We have a trend here that is con- I want to put this debate in the con- thing that the Federal Government has tinuing. Despite economic growth, de- text I think we are missing. We are allowed the States to determine since spite low unemployment, despite rising talking about process, and what I the founding of the country. disposable personal income an exorbi- would like to achieve, along with, I What I would ask the distinguished tant number of personal bankruptcies think, most Members of this body, is chairman is whether or not the con- are filed every year, many by individ- results. The process we have chosen is ference report, which we do not know, uals who have the ability to pay down legal, it is legitimate, and it follows have not seen, that someone has writ- some or all of their debt. In fact, over the rules of this body. I would like to ten somewhere, overrides the will of the past decade, the number of per- focus Members’ attention on the fact the House that overwhelmingly passed sonal bankruptcies have doubled, and that the bankruptcy reform bill passed the manager’s amendment that in- this year more people are projected to 313 to 108, and in the Senate it was 83 cluded this opt out? Does this con- declare bankruptcy than will graduate to 14. ference report override State law and from college.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00101 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22258 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Now, this reform helps women and Brady (TX) Gutierrez Meek (FL) Shows Tauscher Walden children. Under provisions in the bank- Brown (FL) Gutknecht Meeks (NY) Shuster Tauzin Walsh Brown (OH) Hall (OH) Menendez Simpson Taylor (MS) Wamp ruptcy reform conference report, child Bryant Hall (TX) Metcalf Sisisky Taylor (NC) Waters support and alimony take priority, Burton Hansen Mica Skeen Terry Watkins take priority over all other debts, mak- Buyer Hastings (FL) Millender- Skelton Thomas Watts (OK) Callahan Hastings (WA) McDonald Slaughter Thompson (CA) ing it now easier for single mothers to Waxman Calvert Hayworth Miller, Gary Smith (MI) Thompson (MS) Weiner Camp Hefley Miller, George Smith (NJ) Thornberry collect child support payments from fa- Weldon (FL) Canady Herger Minge Smith (TX) Thune thers who would rather walk away Weldon (PA) Cannon Hill (IN) Mink Smith (WA) Thurman from their responsibilities by filing for Capps Hill (MT) Moakley Snyder Tiahrt Weller bankruptcy. Fixing the bankruptcy Capuano Hilleary Mollohan Spence Tierney Wexler code and strengthening child support Cardin Hilliard Moore Stabenow Toomey Weygand Whitfield and alimony enforcement go hand in Carson Hinchey Moran (KS) Stearns Towns Castle Hinojosa Moran (VA) Stenholm Traficant Wicker hand in reinforcing personal responsi- Chabot Hobson Morella Strickland Turner Wilson bility. Chambliss Hoeffel Murtha Stump Udall (CO) Wolf Let me say that the enormous en- Chenoweth-Hage Hoekstra Nadler Stupak Udall (NM) Woolsey hancements to support in terms of this Clement Horn Napolitano Sununu Upton Wu Coburn Hostettler Nethercutt Sweeney Vela´ zquez Wynn collection remedy make this worthy of Collins Houghton Ney Tancredo Visclosky Young (AK) support. And those words come from Combest Hoyer Northup Tanner Vitter the National Districts Attorney’s Asso- Condit Hulshof Norwood Conyers Hunter Nussle NAYS—1 ciation in their support for this meas- Cook Hutchinson Oberstar Souder ure. Bankruptcy reform enjoys strong Cooksey Hyde Obey NOT VOTING—33 bipartisan support. Costello Inslee Olver Cox Isakson Ortiz Burr Frank (MA) Meehan I will just remind my colleagues of Coyne Istook Ose Campbell Franks (NJ) Miller (FL) the fact that this legislation was Cramer Jackson (IL) Owens Clay Goodlatte Myrick agreed to by both Chambers and would Crane Jackson-Lee Oxley Clayton Hayes Neal help prevent those who can afford to Crowley (TX) Packard Clyburn Holden Pastor Cubin Jefferson Pallone Coble Holt Spratt repay some of their debt from pushing Cummings Jenkins Pascrell Danner Hooley Stark it off on to other hard-working Ameri- Cunningham John Paul DeLauro Klink Talent cans. Once again, I remind my col- Davis (FL) Johnson (CT) Payne Eshoo McCollum Watt (NC) Davis (IL) Johnson, E. B. Pease Ford McIntosh Wise leagues that the House passed this re- Davis (VA) Johnson, Sam Pelosi Fossella McIntyre Young (FL) form by a margin of 313 to 108 here and Deal Jones (NC) Peterson (MN) by a margin of 83 to 14 in the Senate. DeFazio Jones (OH) Peterson (PA) b 1820 DeGette Kanjorski Petri Mr. SOUDER changed his vote from The time for reform is now. Let us Delahunt Kaptur Phelps move the measure. DeLay Kasich Pickering ‘‘yea’’ to ‘‘nay.’’ Mr. GEKAS. Mr. Speaker, I have no DeMint Kelly Pickett Messrs. COBURN, DOOLEY of Cali- further requests for time, and I yield Deutsch Kennedy Pitts fornia and CONDIT changed their vote Diaz-Balart Kildee Pombo back the balance of my time. from ‘‘nay’’ to ‘‘yea.’’ Dickey Kilpatrick Pomeroy So the motion was agreed to. The SPEAKER pro tempore. Without Dicks Kind (WI) Porter The result of the vote was announced objection, the previous question is or- Dingell King (NY) Portman Dixon Kingston Price (NC) as above recorded. dered on the motion to instruct. Doggett Kleczka Pryce (OH) A motion to reconsider was laid on There was no objection. Dooley Knollenberg Quinn the table. The SPEAKER pro tempore. The Doolittle Kolbe Radanovich Doyle Kucinich Rahall The SPEAKER pro tempore (Mr. question is on the motion to instruct Dreier Kuykendall Ramstad Ose). Without objection, the Chair ap- offered by the gentleman from New Duncan LaFalce Rangel points the following conferees: York (Mr. NADLER). Dunn LaHood Regula Messrs. HYDE, GEKAS, ARMEY, CON- The question was taken; and the Edwards Lampson Reyes Ehlers Lantos Reynolds YERS and NADLER. Speaker pro tempore announced that Ehrlich Largent Riley There was no objection. the ayes appeared to have it. Emerson Larson Rivers f Mr. CONYERS. Mr. Speaker, I object Engel Latham Rodriguez English LaTourette Roemer REMOVAL OF NAME OF MEMBER to the vote on the ground that a Etheridge Lazio Rogan AS COSPONSOR OF H.R. 4035 quorum is not present and make the Evans Leach Rogers point of order that a quorum is not Everett Lee Rohrabacher Mr. EVANS. Mr. Speaker, I ask unan- present. Ewing Levin Ros-Lehtinen imous consent to have my name re- Farr Lewis (CA) Rothman moved as a cosponsor of H.R. 4035. The SPEAKER pro tempore. Evi- Fattah Lewis (GA) Roukema dently a quorum is not present. Filner Lewis (KY) Roybal-Allard The SPEAKER pro tempore. Is there The Sergeant at Arms will notify ab- Fletcher Linder Royce objection to the request of the gen- Foley Lipinski Rush sent Members. tleman from Illinois? Forbes LoBiondo Ryan (WI) There was no objection. The vote was taken by electronic de- Fowler Lofgren Ryun (KS) vice, and there were—yeas 398, nays 1, Frelinghuysen Lowey Sabo f Frost Lucas (KY) Salmon not voting 33, as follows: Gallegly Lucas (OK) Sanchez APPOINTMENT OF CONFEREES ON [Roll No. 526] Ganske Luther Sanders H.R. 2614, CERTIFIED DEVELOP- Gejdenson Maloney (CT) Sandlin MENT COMPANY PROGRAM IM- YEAS—398 Gekas Maloney (NY) Sanford Abercrombie Barr Bishop Gephardt Manzullo Sawyer PROVEMENTS ACT OF 1999 Ackerman Barrett (NE) Blagojevich Gibbons Markey Saxton Mrs. KELLY. Mr. Speaker, I ask Aderholt Barrett (WI) Bliley Gilchrest Martinez Scarborough unanimous consent to take from the Allen Bartlett Blumenauer Gillmor Mascara Schaffer Andrews Barton Blunt Gilman Matsui Schakowsky Speaker’s table the bill (H.R. 2614) to Archer Bass Boehlert Gonzalez McCarthy (MO) Scott amend the Small Business Investment Armey Becerra Boehner Goode McCarthy (NY) Sensenbrenner Act to make improvements to the cer- Baca Bentsen Bonilla Goodling McCrery Serrano Bachus Bereuter Bonior Gordon McDermott Sessions tified development company program, Baird Berkley Bono Goss McGovern Shadegg and for other purposes, with a House Baker Berman Borski Graham McHugh Shaw amendment to the Senate amendment Baldacci Berry Boswell Granger McInnis Shays thereto, insist on the House amend- Baldwin Biggert Boucher Green (TX) McKeon Sherman Ballenger Bilbray Boyd Green (WI) McKinney Sherwood ment, and agree to the conference Barcia Bilirakis Brady (PA) Greenwood McNulty Shimkus asked by the Senate.

VerDate jul 14 2003 12:05 Jan 11, 2005 Jkt 039102 PO 00000 Frm 00102 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22259 The SPEAKER pro tempore. Is there much as a friend, he symbolized much and comfort to our homeless, to our objection to the request of the gentle- as a colleague, he symbolized much as poor and destitute. woman from New York? The Chair a constructive legislator. b 1830 hears none and, without objection, ap- I think, though, it is important to points the following conferees: Mr. note that this particular bill was sug- Traces of his tireless commitment can be found on any forgotten street in TALENT, Mr. ARMEY, and Ms. gested by our good friend the gen- urban America. His commitment can VELA´ ZQUEZ. tleman from New York (Mr. LAFALCE). There was no objection. I certainly strongly supported him and be found in a shelter where families go for a hot meal. His commitment can be f am appreciative that our leadership concurred. found in a vacant building that has MCKINNEY-VENTO HOMELESS Mr. Speaker, I think at this point I been converted into a place where the ASSISTANCE ACT would like to turn to the gentleman homeless can find a bed and a roof over their heads. from New York (Mr. LAFALCE) to out- Mr. LEACH. Mr. Speaker, I ask unan- There is so much more I would like line the causes and background of this imous consent that the Committee on to say, but so many others wish to bill and certainly to express my strong- Banking and Financial Services be dis- speak on this bill and on Bruce’s be- est support for his initiative. charged from further consideration of half, too. I just want to say one thing. Mr. Speaker, I reserve the balance of the bill (H.R. 5417) to rename the Stew- He was blessed, too, with a great staff; my time. art B. McKinney Homeless Assistance and I came to know two of them in par- Mr. LAFALCE. Mr. Speaker, I yield Act as the ‘‘McKinney-Vento Homeless ticular, Larry Romans and Kirsten myself such time as I may consume. Assistance Act,’’ and ask for its imme- Johnson-Obey, and so much of Bruce’s Mr. Speaker, first of all I want to diate consideration in the House. legislative record was only possible be- thank the gentleman from Iowa. I re- The Clerk read the title of the bill. cause of their great ability and work, member the very first day that the The SPEAKER pro tempore. Is there too. They represent the best of what gentleman from Iowa and I discovered objection to the request of the gen- congressional staff can be, and I know that Bruce Vento had incurred cancer. tleman from Iowa? that Bruce looking down on us would And we talked and we said that Bruce There was no objection. feel it very important that we make Vento is a very, very special person The Clerk read the bill, as follows: that statement, too. H.R. 5417 and we ought to do something very spe- I urge everyone to support this bill cial for him. This is the least we can Be it enacted by the Senate and House of Rep- and honor Bruce. resentatives of the United States of America in do. Mr. Speaker, I reserve the balance of Congress assembled, I love Bruce Vento. I sat next to him my time. SECTION 1. DESIGNATION OF MC KINNEY-VENTO for almost 24 years. There are so many Mr. LEACH. Mr. Speaker, I yield HOMELESS ASSISTANCE ACT. things that I could say about him, but such time as she may consume to the Section 1 of the Stewart B. McKinney maybe more than anything else, Bruce gentlewoman from New Jersey (Mrs. Homeless Assistance Act (42 U.S.C. 11301 Vento cared. He was a caring, loving ROUKEMA). note; Public Law 100–77) is amended by strik- human being. He cared about our poor. Mrs. ROUKEMA. Mr. Speaker, I ing subsection (a) and inserting the following He cared about our underprivileged. He thank the gentleman from Iowa (Mr. new subsection: cared about equal justice. He cared ‘‘(a) SHORT TITLE.—This Act may be cited LEACH) for yielding me this time. as the ‘McKinney-Vento Homeless Assist- about preserving the beauty of our nat- Mr. Speaker, I rise with a very heavy ance Act’.’’. ural resources. He cared about the heart tonight. I worked a long time SEC. 2. REFERENCES. rights of consumers. He cared about with Mr. Vento on the Committee on Any reference in any law, regulation, docu- the future of our Nation’s youth. And Banking and Financial Services. We ment, paper, or other record of the United it is difficult to say what he cared traded back and forth. When the Demo- States to the Stewart B. McKinney Homeless about most. But very possibly he might crats were in the majority, he was the Assistance Act shall be deemed to be a ref- have cared most about our homeless. chairman and I was the ranking; and erence to the McKinney-Vento Homeless As- And each of these issues, each of these alternately when the Republicans took sistance Act. causes has lost a great friend. charge, but we always tried best to The SPEAKER pro tempore. The gen- Bruce Vento was a great leader, a work together for whatever was good tleman from Iowa (Mr. LEACH) is recog- tireless champion of the poor and the for the American people. nized for 1 hour. homeless; and he brought such tremen- This is very little to-do today but Mr. LEACH. Mr. Speaker, I ask unan- dous compassion, intellect, vision, much, much necessary to the visible imous consent to yield 30 minutes to dedication, persistence, tenacity to the recognition of Mr. Vento’s tireless ef- the gentleman from New York (Mr. LA- work of writing our Nation’s laws. It forts here in this Congress and cer- FALCE) for the purpose of controlling has also been written that all of this to tainly in improving the lot of the Na- the minority’s time. be genius must be accompanied by good tion’s homeless. So it is very appro- The SPEAKER pro tempore. Is there sense. And Bruce Vento had good sense priate, even if it is not enough, but it objection to the request of the gen- which made him a genius of both a per- is very appropriate for us to name this tleman from Iowa? son and a legislator. the McKinney-Vento bill in recognition There was no objection. The bill before us today, cosponsored of his tireless work. Mr. LEACH. Mr. Speaker, I yield my- by each and every member of the Com- I will not go into the full expla- self such time as I may consume. mittee on Banking and Financial Serv- nation. The gentleman from New York Mr. Speaker, changing the title of a ices, both Democrat and Republican (Mr. LAFALCE) has very nicely outlined major piece of legislation may seem and countless other Members of this the work that Mr. Vento has done, but like a small step for Congress to take, House, would rename the Stewart B. let me give a few other personal obser- but it has symbolic meaning to the McKinney Homeless Assistance Act the vations. He certainly was a major force congressional family. McKinney-Vento Homeless Assistance behind the 1987 law that established Changing the name Stewart B. Act. It is fitting to Congressman Bruce the emergency shelter grant program McKinney Homeless Act to the McKin- Vento’s tireless commitment to the for traditional housing, as the gen- ney-Vento Act implies putting the homeless. We will pass this today. I tleman from New York (Mr. LAFALCE) names of two of our most esteemed col- hope it will become law in this Con- has outlined; and, of course, his activi- leagues together, two colleagues who gress. ties on the Committee on Resources have passed away, the one most re- For 24 years, Bruce was a tireless are outstanding. I was privileged to cently. Like Mr. McKinney, Bruce champion and advocate on behalf of work with him closely on the Com- Vento devoted his life to the problems homeless people. And he wrote many if mittee on Banking and Financial Serv- of the disadvantaged. He symbolized not every law that brings compassion ices, and I remember as a relatively

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00103 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22260 CONGRESSIONAL RECORD—HOUSE October 11, 2000 new member of the committee when he resented in Minnesota but also all the Mr. LAFALCE. Mr. Speaker, I yield 2 gave leadership with the Resolution needy and homeless people of America. minutes to the gentlewoman from New Trust Corporation and the task force. Their benefits over these last many York (Mrs. MALONEY). As I remember it, it was a task force years, although they probably have no Mrs. MALONEY of New York. Mr. that oversaw the cleanup of the savings awareness of the fact, are to a great Speaker, it is with a heavy heart that and loan debacle of the 1980s. I will say, deal due to his ever-present desire to I join my colleagues in adding our col- it was a good example of how Mr. see that the American government rec- league, Congressman Bruce Vento’s, Vento always maintained his standards ognized that there are needs in this name to this important legislation. We on behalf of the people; financial integ- country that must be served, and he all knew that some day Members of rity and intellectual integrity and per- was their best ambassador and rep- Congress would stand here in the well sonal integrity, and it was a good ex- resentative to serve those needs. I of the House to praise Bruce’s many ac- ample of that. But I guess there was think it is most fitting that we tie complishments. It is truly sad that this never an action that we took on the Bruce Vento to the McKinney Act, be- day has come so soon. Committee on Banking and Financial cause in a way Stew McKinney had In my years in Congress, I have en- Services, whether it be on homeless- some of the same characteristics of joyed a close working relationship with ness or whether it was on financial gentleness that Bruce had; an able leg- Congressman Vento as colleagues on modernization or on savings and loan islator, not a partisan but a person the Committee on Banking and Finan- cleanup, his contributions always dis- that worked with real integrity. I sus- cial Services. The Committee on Bank- played that he was an advocate for the pect Bruce and Stew will be in con- ing and Financial Services deals with people to improve their lives. Knowing versation now; and we in the Congress, some of the most complex issues in all him as I did, I can say that he had a we in America, are poorer for their of Congress. Bruce put in the time and heart and a soul, and we recognize him passing but inevitably as life makes its mastered the range of complex issues. today for that. cycle we all come to pass. As a teacher himself, prior to coming I guess I also want to say that we did I am very pleased and honored to join to Congress, he became a resource to not agree on every issue. There were the gentleman from Iowa (Mr. LEACH) all committee members, providing issues on which we agreed to disagree, and the gentleman from New York (Mr. counsel on a host of complex issues but I will say it was a symbol of his LAFALCE) in supporting this resolu- from financial modernization to intri- stature of integrity and honesty and tion, and I hope that we have the full cate housing programs. professionalism that we could always support of the entire Congress. All along the way, Bruce served as a Mr. LEACH. Mr. Speaker, I yield agree to disagree, but there was never tireless advocate for all consumers. He such time as she may consume to the any personal bickering or animosity; truly stood up for the working people gentlewoman from Illinois (Mrs. and there was always the respect of a time and time again. He made it his BIGGERT). gentleman and a scholar. Mrs. BIGGERT. Mr. Speaker, I thank focus to ensure that individual’s rights We are going to miss him des- are protected when they do business the gentleman from Iowa (Mr. LEACH) perately. I know I am and others in for yielding and this opportunity to with the most powerful banks and fi- this Congress are going to miss him speak. nancial companies in the world. His desperately, but I have to say in addi- Mr. Speaker, I rise as a cosponsor legacy on the committee and his im- tion to what we are doing tonight, I for and strong supporter of H.R. 5417, legis- pact on consumer banking law will live one am speaking now only for myself, lation to rename the Stewart McKin- for decades to come. It is truly appro- nevertheless recognize the health ney Homeless Assistance Act as the priate that we add his name to this leg- issues and concerns that are integral to McKinney-Vento Homeless Assistance islation, the aim of which is to aid the his passing; and I believe that whatever Act. To borrow a line from our 16th homeless. Providing housing for the else there is that needs to be done, and President, arguably our greatest Presi- less fortunate was part of Congressman there is some unfinished business out dent, Abraham Lincoln of Illinois, it is Vento’s daily work. President Clinton there with respect to the asbestos ques- altogether fitting and proper that we said it best yesterday at a White House tions with relationship to housing and honor our recently departed colleague, event saying, and I quote, ‘‘that Con- other uses of asbestos in our commu- Representative Bruce Vento of Min- gressman Vento was a great teacher, a nities, but I think we also have to rec- nesota, in this way. After all, if it were great representative and a wonderful ognize that there has to be renewed ef- not for Representative Vento and his human being.’’ fort and research and expanded re- determined efforts, the Stewart B. Let me convey to Congressman search, as much as we have done this McKinney Assistance Act would never Vento’s family, his friends, his dedi- year on cancer research. But we will have been created. cated long-time staff here in Wash- have to redirect efforts next year, or Bruce Vento was one of the earliest ington and Minnesota, and to the peo- rather expand efforts not redirect and strongest proponents of enacting a ple of Congressman Vento’s fourth dis- them, expand them next year, with the major Federal legislative response to trict my strongest and heartfelt condo- recognition of the loss of our beloved homelessness. His tireless efforts were lences. and honorable colleague, Bruce Vento. rewarded with the enactment in 1987 of Mr. LEACH. Mr. Speaker, I reserve Mr. LAFALCE. Mr. Speaker, I yield 2 the McKinney Homeless Assistance the balance of my time. minutes to the gentleman from Penn- Act, but his dedication to homelessness Mr. LAFALCE. Mr. Speaker, I yield 2 sylvania (Mr. KANJORSKI). did not stop there. Up until the very minutes to the gentleman from Texas Mr. KANJORSKI. Mr. Speaker, I end of his life, Representative Vento (Mr. BENTSEN). would like to join with our chairman of remained a vocal and true champion of Mr. BENTSEN. Mr. Speaker, I want the Committee on Banking and Finan- homeless assistance programs. The suc- to rise in strong support of this bill, cial Services and ranking member in cess of the McKinney Act in helping and I commend the chairman and the paying tribute to Bruce Vento. Bruce hundreds of thousands of Americans re- ranking member for their work on this. was the sort of fellow that was a real gain the stability in their life is testa- The people of Minnesota clearly have legislator, a quiet, gentle man. ment to the foresight, hard work and suffered a loss in the passing of Bruce I came to the Congress a number of character of the man who helped to Vento, but so have the American peo- terms after Bruce, but I was always im- shape this law. In celebration of this ple; and also, I think all of his col- pressed with the fact that he would success and of the gentleman’s distin- leagues on the Committee on Banking willingly offer his insights as to how guished congressional career, it is only and Financial Services and his col- the Congress operated and how we fitting that the act on which Bruce leagues on the Committee on Re- could best serve our constituents. Vento worked with such passion is re- sources as well. Speaking of constituents, Bruce really named in his honor, and I am very hon- I had the opportunity to serve with had two: that excellent district he rep- ored to be on this bill. Bruce for the last 6 years, and I found

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00104 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22261 him as one who could be a mentor, who Bruce Vento for reaching out and rep- American Samoa to the Boundary Wa- could be an ally, occasionally he was resenting those who oftentimes are left ters Canoe Area in Minnesota. an adversary but he was always an hon- behind and not represented. With the preservation of these lands, orable one in any role that he played. Mr. LAFALCE. Mr. Speaker, I yield the Earth itself has prospered from the Having sat through numerous hear- such time as she may consume to the passion of Bruce Vento. Again, the ings with him, having traveled with gentlewoman from California (Ms. WA- work that he did for the wilderness and him, it is hard to understand the level TERS). the preservation of our precious na- of institutional knowledge that has Ms. WATERS. Mr. Speaker, I thank tional parks was matched by the work been lost in his passing. the gentleman for yielding time to me. that he did defending the rights and I dare say that Bruce Vento’s finger- Mr. Speaker, I rise this evening in humanity of the homeless. He saw his prints are probably on every major support of H.R. 5417, to rename the work for the homeless as a defense of piece of financial legislation that has Stewart B. McKinney Homeless Assist- human rights. passed this Congress in the last quarter ance Act the McKinney-Vento Home- I am hopeful that what we do here century and every major piece of envi- less Assistance Act. today not only inspires us, but many ronmental legislation, national parks I am very proud to join with my col- others yet to come who will some day legislation, that has come through this leagues in doing this and paying trib- serve in this body so that they can un- Congress. ute to a very, very great human being, derstand that they, too, can have an We, as American citizens, owe him a a great legislator, a great and impor- impact on the direction of this Nation great debt of gratitude. Bruce was one tant and respected Member of the and of this world; that they, too, can who was willing and steadfast in his United States Congress, now deceased. come here with a vision for what is support of the American consumers, of I am very proud that I have had the good for this country, what is good for the average working men and women of opportunity to serve on the Committee human beings, and work in ways that this country; of ensuring that their on Banking and Financial Services will help to better this society. rights were protected; ensuring that with Mr. Vento. I am very proud and I join my colleagues here today to our environment was protected, but pleased that I came to this Congress at say to our friend, our colleague, Mr. Bruce was also one that at the end of a time when many of the great minds Vento, we are going to miss him. We the day felt it was his role, I believe, as still held forth in this Congress. are going to miss all that he has a Member of this House to get some- Mr. Vento was one of those Members taught us and the ways that he led us, thing done. who was an expert in the field of bank- but we are going to remember him in He was willing to reach across the ing and housing and the wilderness. He this small way, by the renaming of this aisle, to reach that bridge across issues exemplified the best in what a legis- legislation. With the renaming of this that divided members on the commit- lator could and should be all about. legislation, the work that he has done tees and in the House, between this This that we do today is but a small will live on and will never be forgotten. body and the other body, to get legisla- tribute to him, because when we review Again, I am very appreciative for the tion passed that in the end would do the tremendous contributions that he opportunity to have served with Mr. good for the American people. has made to this country and to this Vento. Nation, one could understand why we Mr. LEACH. Mr. Speaker, I yield my- 1845 b would readily want to in some way self such time as I may consume. I just want to say that I think it is show our appreciation for all that he Mr. Speaker, I would like to just extremely fitting that his name be has done for all of us. stress a couple of things about the life added with McKinney’s name to the Mr. Speaker, it was said today when of Bruce Vento. He was a wonderfully homeless act, and I commend the I had a discussion with one of my committed legislator who combined chairman and the ranking member for former staff members that he remem- compassion with practicality; who had doing that. bered Bruce Vento because he always populist concerns, but not a populist Mr. LAFALCE. Mr. Speaker, I yield 2 concerned himself with these ques- hate. minutes to the gentleman from Illinois tions: How will this measure impact The committee that I served with (Mr. DAVIS). the environment, and how will this Bruce on, the Committee on Banking Mr. DAVIS of Illinois. Mr. Speaker, I measure impact low- and moderate-in- and Financial Services, has jurisdic- thank the gentleman for yielding time come communities? tion over banks and housing and over to me. Mr. Speaker, this is very important the economy, in some ways. It is inter- Mr. Speaker, I rise to echo the senti- to me and to members of my staff. We esting to me that in Bruce’s work, he ments that have already been ex- work for the least of these. We do our was not against any individuals or in- pressed by so many on this floor, but best to represent poor people and to stitutions. also so many throughout America. represent working people, and to rep- In fact, he was a liberal Democrat I first knew of Bruce Vento through resent folks who do not oftentimes who rather liked banks, especially one of his fellow Minnesotans who have any way of connecting to the smaller banks, and especially commu- moved to the community where I live great policy-making bodies, either at nity banks. He just understood that it in Chicago, Al Arcello, who was ac- the local, State, or Federal level. was important, if you have a banking tively involved in prevention programs. So when we see legislators who do system, that that system serves all He said to me when I came, you not have to necessarily spend all of Americans. So his emphasis as some- ought to get to know Bruce Vento, and their time trying to represent working one in the banking community was get to know him I did. I got to know people or poor people, we are extremely never to be against anything, but to be him through his work, through obser- appreciative for that. Mr. Vento was for better ways for banks to serve. vation of his sensitivity and his ability such a legislator. The work that he has That is one reason that he developed to reach out, especially to those who done, both for the wilderness and the such an interest in ensuring that com- are sometimes called the least ones in homeless, is appreciated in so many petition was maintained and that in- our society, those who are untouch- ways. vestment was maintained in various able, unreachable; the homeless, those In 1994, the Wilderness Society hon- aspects of our communities. that we do not always see. ored Bruce Vento with its prestigious Part of this relates to the American I serve on the board of directors of a Ansel Adams conservation award. That dream. All of us have various feelings homeless newspaper, Streetwise. I can is just, again, a small token for the about what the American dream is. tell the Members, from all of those who work that he has done to ensure the One is that it includes a home. Well, sell Streetwise, all of those who have continued viability of millions of acres issues of the homeless concern people benefited from assistance to the home- of wilderness lands, forests, and pre- that by definition have been deprived less, I say on their behalf, we thank cious national parks from Alaska to aspects of the American dream. We

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00105 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22262 CONGRESSIONAL RECORD—HOUSE October 11, 2000 have all come to understand to some ond home at any point in time within It would not have been shaped the degree, and none of us as deeply as we our national parks. way it was without Bruce helping to should, that homelessness is not sim- Finally, let me just conclude with a shape it; that is the business side of the ply an aspect of someone without a couple of observations of a very per- job. That is extremely important, but structure. It usually involves a whole sonal level. Bruce was a very com- there are so many other things that go group of societal problems. Some of mitted individual with an absolutely into this Congress, the intangibles, them might be psychiatric, some might infectious laugh. He also had a very when we get to know an individual. I be elements that relate to addictions, sardonic wit, particularly to those he probably knew Bruce as well as I knew and sometimes disease itself. opposed. Sometimes my party was anybody in this body. Mr. Speaker, the problems of the more the beneficiary of the second I have been on a few trips in my ten- homeless came to the attention of Con- than the first. ure in Congress. I never went on a trip gress rather late. In fact, it is aston- But interestingly, in this era in when I did not ask Bruce to come with ishing how little attention public bod- which we talk about nonpartisanship me. He came with me most of the time. ies paid to this problem. But because of and bipartisanship, Bruce gave a very One of the great values of the trips is Bruce, we started to. good name to the word ‘‘partisan.’’ not just learning about other countries About 13 years ago, finally the law Bruce was a partisan Democrat, but he and other people, but coming to know was enacted. When that law was en- was always with decency and always your colleagues, too; and we came to acted, and a number of people had roles with humor, always with a sense of know each other so very well. in ensuring that it came about, Bruce perspective. This is one of the things so We shared so many things together: led the way. Then, as it was about to be many of us loved very much about shared values, shared meals, shared enacted, it was revealed that one of our Bruce. wine. We shared a common heritage Members, this one on the Republican b 1900 not just as Americans, but as Italian- side, who was a man of some substance Finally, I would like to echo a com- Americans, and Bruce was so proud of but had an ailment, in this case an ail- ment that my good friend, the gen- that heritage. He knew how to live and ment sometimes identified with the tleman from New York (Mr. LAFALCE), he knew how to die, and he lived right. homeless, he got pneumonia related to made about a staff member, because I He worked hard and he played hard. a social disease called AIDS. think it symbolizes a great deal. The He worked by the rules. He played by This Republican stood up for people congressional family is a wide family the rules. He knew how to be ferocious. that had problems sometimes analo- and Larry Romans who worked with He knew how to laugh. Traveling with gous to his own, sometimes much more Bruce was as much an alter ego as any- him was always a great pleasure be- serious. Bruce Vento suggested that one could be. On legislation, he cer- cause we knew he worked and worked the bill be named for him; that is, it tainly played a larger role than most hard, so we could be proud of the trip; was Bruce Vento’s idea and his argu- Members of Congress. I think that is but we knew that he would love it and ment that this initiative that came something that only Members of Con- make it an enjoyable trip the entire largely from the majority party, the gress truly understand. way, too. then the majority party, the Demo- So our heart goes out to Bruce’s fam- Bruce started out his career as a cratic Party, would be named for a Re- ily, his three kids, his wife, and also teacher and then he came to Congress, publican, Stewart McKinney. his staff. but throughout his entire congres- I think nothing could be more appro- Mr. Speaker, I yield back the balance sional career, he taught us a great priate, as we look at the life of Bruce of my time. many things. For most of his 24 years, Vento, a man who had a disease related Mr. LAFALCE. Mr. Speaker, I yield he taught us how to live, and for the to a different kind of social problem, myself such time as I may consume. last 6 months or so he taught us how to one that relates to industrialization, Mr. Speaker, I think we have heard die. We honor ourselves when we honor asbestos, that he should have his name just a few of the sentiments that the Bruce by naming this homeless bill the associated with the McKinney bill, Members of Congress have, feel, share McKinney-Vento homeless bill. which was actually from the beginning about our beloved brother Bruce. The Mr. Speaker, I insert the following more a Vento bill. So this became the words of the gentleman from Iowa (Mr. article for the RECORD: Vento-McKinney bill. LEACH) were especially eloquent. I BRUCE VENTO: JUST ANOTHER GUY FROM THE I would also like to comment as thank the gentleman for making them EAST SIDE WHO WENT ON TO DO GREAT someone who, from a more distant per- so eloquently, and I know Bruce appre- THINGS spective, followed the career of Bruce ciates them. (By Garrison Keillor) in his advocacy of our national park When I think of the accomplishments There was a dinner in Washington, D.C., system. of the past two Congresses when I have Tuesday night to honor a guy from St. Paul’s Bruce basically picked up the cudgels had the pleasure of serving as either East Side. of the Udall family and has become the the de facto or de jure ranking mem- The president dropped by and dozens of U.S. representatives, Republicans and Demo- greatest congressional champion of our ber, none of them would have been pos- crats. And at the end, when the guy from the national park system. Part of this sible without Bruce. When we think of East Side stood up to say his piece, he got a which is interesting to me is not only credit union reform, I did not attend a long, long standing ovation. You could have the issue of parks and their role in so- meeting in my office without Bruce gone around the room and stolen everyone’s ciety, but parks stand in the American Vento by my side. dessert, they were so busy applauding him. dream not only with the notion of the When I think of the meetings that we Congressman Bruce Vento, a modest man West and the great body of forest and had on what some have said is the pre- and a hard worker, is stepping down after 24 mountains that is our country, but eminent legislative enactment to this years representing the 4th Congressional District, and I must admit I voted for him all they are basically second homes avail- Congress, the financial services mod- these years because I’m a yellow-dog Demo- able to all Americans, whether those ernization, the Graham–Leach-Bliley crat and he’s a Democrat. So now I’m a little Americans actually earned them or not bill, it would not have happened with- taken aback to see what a good man he is at a particular moment in time. They out Bruce, the ranking member of the who I unthinkingly supported all these are refuges for everybody. Subcommittee on Financial Services years. In a way, the national park system and Consumer Credit, because it re- This isn’t how our civics teachers taught that Bruce was such a champion of was quired understanding and it required us to exercise the franchise, but a person a home circumstance. So Bruce Vento compromise and it required tenacity doesn’t have oceans of time to study up on candidates. I sure don’t. I heard Mr. Vento leaves as his mark on this body not and goodwill, balance, perseverance; speak once years ago, speak very movingly only the notion of standing up for con- and it was essential that Bruce be about the problem of homelessness and about cerns for the homeless, but also for en- there. It would not have happened if the importance of wilderness, and that was suring that all Americans have a sec- Bruce had opposed it. good enough for me. But if he had stood on

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00106 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22263 his hind legs and barked, I still would have coding of the human genome and saying, In 1987, it was Bruce who led the efforts to voted for him. ‘‘All we need to do is take this new knowl- enact a comprehensive homeless assistance Wilderness preservation and the plight of edge and apply it to public policy,’’ and program, named after his late colleague and the homeless are not issues that pay a big thanking everybody and grinning, and you political bonus. You become a wilderness ad- had to admire him for his command of the friend, Stewart McKinney, then the Ranking vocate and you’re going to be hung in effigy occasion. Republican on the Housing Subcommittee. and yelled at by large men in plaid shirts. A man who is desperately ill and on his I am privileged to have worked closely with Homeless people tend not to turn out in way out of public life stages a dinner that Bruce over the last several years, in particular, numbers at the polls. raises money for a scholarship fund for on homeless reform legislation designed to But Mr. Vento applied himself to the issues teachers. Bruce Vento is a man of great focus efforts on permanent housing and the he cared about, did his homework, made the bravery and devotion and foresight who rep- hope of ending homelessness forever. As the rounds of his colleagues, carried the water, resented us nobly in Congress, whether we Chairman of the Subcommittee on Housing dug the ditches, fought the good fight, made knew it or not. and Community Opportunity, I have known no the compromises, and wrote the landmark Mr. GEPHARDT. Mr. Speaker, today, we other that has been more sincerely dedicated legislation that became law and that made a say goodbye to a good friend and colleague, real difference in the world. And I’m not sure to the problems associated with homelessness how many of us in St. Paul are aware of this. Bruce Vento. and families in need of affordable housing. He There have been only three congressmen Bruce was a humanitarian in every sense of will be missed. from St. Paul in my memory, and that cov- the word. Life is fleeting, for us all. But what we do ers 50 years. Gene McCarthy, Joe Karth, He called environmental issues his one while we are here can affect so many and Bruce Vento—all DFLers, all good men and ‘‘true passion’’ and he pursued that passion in have such a lasting impact. Bruce’s tireless all of them got to Congress on the strength a way that lifted up all Americans. work has made and will continue to make a of yellow-dog Democrats like me. They got He was a strong leader in the Committee on real difference in countless lives of those less re-elected simply by doing their job, rep- Resources with a keen understanding of envi- resenting working people, speaking the con- fortunate. science of the Democratic Party, and apply- ronmental issues. Mr. LAFALCE. Mr. Speaker, I yield ing themselves to the nuts and bolts of Con- He worked to protect and strengthen Amer- back the balance of my time. gress. ica’s national treasures—our urban parks, our The SPEAKER pro tempore (Mr. A political party serves a big function that public lands, and other public resources, and TANCREDO). Without objection, the pre- TV or newspapers can’t. It pulls in idealistic he fought for tropical rain forests and the Arc- vious question is ordered. young people, puts them to work in the tic National Wildlife Refuge. There was no objection. cause, trains them, seasons them, and gives He believed in making our country not just The SPEAKER pro tempore. The the talented and the diligent a chance to a wealthy country but a beautiful country, question is on the engrossment and rise. If it can produce a Bruce Vento, then a marked by forests, rivers, mountains and third reading of the bill. party has reason to exist, and if it can’t, The bill was ordered to be engrossed then it doesn’t. Simple as that. Then it streams that all American could visit and fades, as the DFL has. enjoy. and read a third time, was read a third People say it’s inevitable for political par- Bruce was ‘’a hero’’ who had ‘‘done more time, passed, and the motion to recon- ties to fade, part of the loss of the sense of for parks than anyone I know,’’ one of his fans sider was laid on the table. community, blah blah blah, that people are said of him. f cynical about politics and more interested in Bruce was also special because he cared GENERAL LEAVE lifestyle and media and so forth, but we are so very deeply about all people and the sanc- poorer for the loss of parties and the devalu- tity of the places in which they lived. Mr. LEACH. Mr. Speaker, I ask unan- ation of endorsement. imous consent that all Members may Bruce Vento never could’ve gotten elected He earned a reputation as a strong advo- cate for the homeless, and it was well-de- have 5 legislative days within which to in a media-driven campaign, the sort in revise and extend their remarks on which high-priced consultants and media served. He tried to lift people up through bet- buyers spend 15 million bucks to make the ter housing and emergency shelter, a powerful H.R. 5417. The SPEAKER pro tempore. Is there candidate into a beautiful illusion. reminder that this country should not leave be- objection to the request of the gen- Mr. Vento is the wrong man for that kind hind anyone. tleman from Iowa? of politics. His eyebrows are too big; he isn’t Bruce spend the last decade working for the cool enough. He is a modest and principled There was no objection. Hmong people who fought on the side of the and hard-working guy, but you couldn’t put f this over in a 30-second commercial. He man- United States in the war in Vietnam, and who aged to get to Congress because there was a were trying to become citizens of our country. MODIFYING RATES RELATING TO strong DFL party that endorsed him, and so He was also a tireless advocate for con- REDUCED RATE MAIL MATTER voters like me pulled the lever and gave Mr. sumer protections as a senior member of the Mr. MCHUGH. Mr. Speaker, I ask Vento the wherewithal to be a great con- Banking and Financial Services Committee. unanimous consent to take from the gressman. Which he, being a true East Sider, A strong voice for his constituents, a be- Speaker’s table the Senate bill (S. 2686) never told us he was. But which I now think loved son of the state of Minnesota, Bruce he was. to amend chapter 36 of title 39, United Unknowingly, we did something great in represented that state’s 4th district with dedi- States Code, to modify rates relating sending him there. And our partisan loyalty cation and commitment to his party and to the to reduced rate mail matter, and for gave him the freedom to take on thankless people he represented. other purposes, and ask for its imme- tasks, like protecting wilderness and dealing Bruce and I entered Congress in the same diate consideration in the House. with the homeless. year and my journey through this institution is The Clerk read the title of the Senate I sat in the back at Mr. Vento’s dinner and bound with Bruce’s journey. I am proud to say bill. thought what a shock it is when you realize that I had a wonderful colleague, a good The SPEAKER pro tempore. Is there that the country is in the hands of people friend, and a man who will be sorely missed your own age. You go along for years think- objection to the request of the gen- ing it’s being run by jowly old guys in baggy not just by me, but by a nation that prides tleman from New York? suits and then you see that the jowly old itself on a commitment to democratic values, Mr. DAVIS of Illinois. Mr. Speaker, guys are people you went to school with. a safe environment and humane treatment for reserving the right to object, I yield to Mr. Vento is about my age, and I feel for every American. the gentleman from New York (Mr. him. He is fighting lung cancer and it has We will miss you Bruce. MCHUGH) to explain his request. taken its toll on him. He looks haggard but Mr. LAZIO. Mr. Speaker, I rise today with a Mr. MCHUGH. Mr. Speaker, I thank game. heavy heart as the House pays tribute to the the gentleman for yielding to me. His three boys were at the dinner in Wash- distinguished work or our friend and colleague, Mr. Speaker, I will try to be very ington, and their wives, and the event felt brief, but I do think it is important to like a real valedictory. If Mr. Vento had Bruce Vento. wanted to make us all cry into our pudding, It is appropriate that we recognize his life- put out for the RECORD a few comments it wouldn’t have taken much. long work as a champion of the homeless by about this bill. It is a privilege. The But he was upbeat and talking about the renaming the ‘‘Stewart B. McKinney Act’’ the Senate passed this legislation on Octo- future and about national parks and the de- ‘‘McKinney-Vento Homeless Assistance Act.’’ ber 6, and it was sponsored in the other

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00107 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22264 CONGRESSIONAL RECORD—HOUSE October 11, 2000 body by the chairman of the Sub- these mailers to determine if there mailers, such as churches, charitable organi- committee on International Security might not be some future and more zations, education publications and others. It Proliferation and Federal Services, the fundamental resolution to the concerns addresses technical problems in the setting gentleman from Mississippi (Mr. COCH- of particularly classroom publishers. orates for nonprofit mailers. Essentially, it RAN), and cosponsored by all members The postal service, in my view, and locks in the current rate relationship between of that subcommittee. in the view of the language attendant nonprofit and commercial rate mail. I would also note, Mr. Speaker, that thereto, must certainly work to help The history of special rates for nonprofit an exact similar provision was intro- examine alternatives to ensure that mail rates dates back prior to the Postal Reor- duced in this body, in the House, by the those postal rates for the invaluable ganization Act of 1970. They were known as gentleman from Pennsylvania (Mr. classroom periodicals and teachers’ ‘‘preferred’’ categories and included Nonprofit FATTAH), the ranking member on the guides remain at a price that ensure and Classroom Periodicals; Nonprofit Stand- Subcommittee on Postal Service, a co- their availability and affordability to ard (A) Mail; Library and Educational Matter; sponsorship of which was also entered all classrooms. and In-county Publications. These categories by many Members of this body. So al- It is also important to note, lastly, were entitled to reduced rates of postage though we are proposing tonight to Mr. Speaker, that this bill contains a under those postal laws, and the Postal Reor- adopt under unanimous consent the provision that would alleviate the po- ganization Act continued the preferred rates Senate bill, I want it very clearly tential impact deriving from the for these categories. After a certain period of noted that it in no way represents a changes herein on regular rate payers, time, these categories of mail were required to lack of interest or activity in this the folks that use the mails each and cover their attributable costs, but they were House. Simply put, this is an ex- every day for their important business, not required to cover any institutional costs, as tremely important piece of legislation for their correspondence in rate cases required of other categories of mail. Congress to ensure the financial viability and before the postal rate commission. made annual appropriations to reimburse the survivability of nonprofit mailers, the Simply put, the provisions in the bill Postal Service for the ‘‘revenue forgone’’ reim- kinds of nonprofit mailers that all of provide that the estimated reduction in bursement which was the difference between us have and enjoy in our communities, postal revenue from nonprofit cat- the revenue received from preferred mailers churches, charitable organizations, egories caused by this legislation on and the revenue that would have been re- educational publications, and so many the new rate-making rules is to be ceived if the reduced rate provisions had not others. treated as reasonably assignable costs been enacted. However, in 1993, Congress This is based on a very technical con- of the postal service, and that simply enacted the Revenue Forgone Reform Act as cern that arises out of a recent rate means that those costs should be ap- a deficit reduction measure, ending the annual case for the United States Postal Serv- portioned among all of the various federal (taxpayer) subsidy for preferred rates ice. Simply put, through the evolution classes of mail and types of postal serv- of postage and providing for a more equitable of rates-setting for not-for-profit mail- ices in accordance with the existing apportionment of institutional cost among ers who have historically enjoyed a provisions as they are contained in the regular- and reduced-rate mailers. It was de- somewhat lesser rate for mailings, for United States Code title 39. signed to gradually phase in the increases for very good reasons, in my judgment, It is a very technical way of saying, reduced-rate mailers, ending in 1998. At the than, say, commercial mailers, this Mr. Speaker, that this cost in pro- end of the process, the institutional cost for rate case produced some aberrations viding assistance for not-for-profit and preferred rate was to equal half of the institu- and some unusual circumstances that, educational materials will not be ex- tional cost of the comparable commercial rate, if enacted and if allowed to go forward, clusively borne by the folks out there thereby ensuring that reduced-rate mailers would have had a very serious impact buying the 33 cent stamp into the fu- continued to contribute to institutional costs. on the profitability of not-for-profits, ture. If we did not do this and if we did The application of this new formula had also on the ability of those very impor- not take this step, Mr. Speaker, we some problematic effects and there were sig- tant organizations to reach out to would simply find that rates for non- nificant rate swings because of underlying their membership to disseminate im- profits would have of necessity and costs. The ‘‘one-half mark up rule’’ as it was portant information with respect to under the pending rate case soar up to known, made it difficult for the Postal Service their activities, and, of course, to en- 35 percent and more in some cases. Ob- and the Postal Rate Commission to alleviate gage in fund-raising that is vital to viously, as I mentioned earlier, that the price effects of cost changes for reduced- their continued existence. kind of increase would make the essen- rate mailers. If costs for a nonprofit subclass This bill, the Senate bill, S. 2686, pro- tial viability, the primary existence of changed significantly, the rates also followed vides relief to the category of mail that these invaluable services, really bring suit because the mark up could not be re- provides for these kinds of materials, it into question. duced to lessen the impact of the cost, as it also for educational magazines, for stu- Mr. Speaker, I think the Senate has available to prevent rate changes in commer- dents in kindergarten through high done good work here. As I mentioned, cial subclasses. Therefore, cost changes school. because of the hard work of the gen- translated into rate changes. I think they are the type of publica- tleman from Pennsylvania (Mr. An aberration occurred for Nonprofit and tions even someone of my rather ad- FATTAH) and so many others in the Classroom Periodicals because the complexity vanced years remembers from my days House, we have an exact similar provi- of the rate structure and the low markup for in grammar school and through high sion, and I think it is wholly appro- commercial subclass could yield rates that school and continue today in their im- priate that we through this process of were lower for a commercial publication than portance in education purposes in our unanimous consent accept the Senate for a similar nonprofit publication. The provi- schools. language tonight. I thank the gen- sion enacted to help nonprofit mailers, the This legislation provides that both tleman from Illinois (Mr. DAVIS), a one-half mark up rule, made it difficult to cre- nonprofit mailers and classroom publi- very valuable Member of the House ate a remedy. cations receive the same treatment and Subcommittee on the Postal Service, S. 2686 provides relief to the category of thereby ensuring that future rate in- for yielding to me. mail that provides educational magazines for creases for both of these important Mr. Speaker, it is my privilege to speak in students in kindergarten though high school. mailers are predictable. support of S. 2686. The Senate passed this Undoubtedly this type of publication is essen- I want to note that I certainly legislation on October 6. It is sponsored by the tial and important in classrooms. The legisla- strongly support the recommendation chairman of the Subcommittee on International tion provides that nonprofit periodicals and in the report language attendant to the Security, Proliferation, and Federal Services, classroom publications receive the same treat- Senate bill that the rates coming out and cosponsored by all members of that sub- ment. Therefore, it would ensure that future of this step would be monitored to committee. rate increases for both categories are predict- evaluate the impact postal rates have This is legislation is extremely important for able. I support the strong recommendation in on the general economic capability of the financial viability and survival of nonprofit the report language, which accompanied S.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00108 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22265 2686, that the rates be monitored to evaluate Vazirani-Fales, for their hard work in (Mr. MCHUGH) and the gentleman from the impact postal rates have on the economic ensuring the compromise on this mat- Pennsylvania (Mr. FATTAH), the rank- capability of these mailers and to determine if ter, also Ed Gleiman for his efforts to ing member. I thank both of them for there is a need for more fundamental resolu- keep Congress focused on fixing the the leadership that they have provided tion to the rate concerns of classroom pub- problem, Neil Denton of the alliance to the Subcommittee on Postal Service lishers. Additionally, I agree that the Postal for keeping the coalition together and this past session and certainly wish Service must examine alternatives to help en- on track. And even in the face of last them well as we get ready to close and sure those postal rates for classroom periodi- minute challenges, the postal service look forward to working with them cals and teacher guides remain at that price for being proactive, and Nanci Langley, again next year. that ensures their availability and affordability deputy minority staff director for the Mr. Speaker, I withdraw my reserva- to all classrooms. Senate Subcommittee on International tion of objection. Discrepancies were found for Standard (B) Security Proliferation and Federal The SPEAKER pro tempore (Mr. publications. The classification for Library and Services for all of her help and support. TANCREDO). Is there objection to the re- Educational Matter overlaps with the classi- Mr. Speaker, I also commend and quest of the gentleman from New York. fication known as Special Standard Mail. Both thank the gentleman from Illinois (Mr. There was no objection. classifications contain books and sound re- BURTON), chairman of the Committee The Clerk read the Senate bill, as fol- cordings but Special Standard Mail does not on Government Reform, for keeping all lows: require either the mailer or the recipient to be of the parties together for the good of S. 2686 a library, educational institution, museum, her- the nonprofit community. Be it enacted by the Senate and House of Rep- barium, or nonprofit institution. The relatively As was indicated, this legislation was resentatives of the United States of America in small volumes in the Library and Educational approved by the Senate on October 6. It Congress assembled, matter category make it difficult to collect ade- is identical to H.R. 4636, of which I am SECTION 1. SPECIAL RATEMAKING PROVISIONS. (a) ESTABLISHMENT OF REGULAR RATES FOR quate ratemaking data. also pleased to be an original cospon- MAIL CLASSES WITH CERTAIN PREFERRED These problems are addressed in S. 2686 sor. SUBCLASSES.—Section 3622 of title 39, United by locking in the current rate relationship be- Of course, this legislation would States Code, is amended— tween nonprofit and commercial rate mail. change the way that postal rates are (1) by redesignating subsection (c) as sub- This is accomplished by setting Nonprofit set for nonprofit periodicals, Standard section (d); and Standard (A) rates to equal, as nearly as pos- A and library rates. Essentially, it (2) by inserting after subsection (b) the fol- sible, 60% of the estimated average revenue would lock in the current rate relation- lowing: per piece from the corresponding regular-rate ship between nonprofit rates and their ‘‘(c) Regular rates for each class or sub- class of mail that includes 1 or more special subclass. Nonprofit and Classroom Periodicals commercial rate counterparts. rate categories for mail under former section would be set so that postage on each mailing For nonprofit periodicals, this would 4358 (d) or (e), 4452 (b) or (c), or 4554 (b) or (c) would be, as nearly as practicable, 5% lower mean a 5 percent discount off the non- of this title shall be established by applying than the postage for a corresponding regular- advertising portion of the commercial the policies of this title, including the fac- rate mailing. But, this discount would not be rate. For nonprofit Standard A, rates tors of section 3622(b) of this title, to the available to the advertising portion of a mailing would be calculated to reflect the costs attributable to the regular rate mail in if it exceeded 10% of the publication. Library roughly 40 percent discount. Library each class or subclass combined with the and Educational Material rates would be set rates would enjoy a set 5 percent dis- mail in the corresponding special rate cat- egories authorized by former section 4358 (d) so that the postage on each mailing would be, count off the special standard rates. or (e), 4452 (b) or (c), or 4554 (b) or (c) of this as nearly as possible 5% lower than the post- b 1915 title.’’. age for a corresponding regular-rate mailing. (b) RESIDUAL RULE FOR PREFERRED PERI- Additionally, this legislation contains a provi- The bill is obviously good. It is nec- ODICAL MAIL.—Section 3626(a)(3)(A) of title sion to alleviate the impact of the changes on essary, because the formula passed in 39, United States Code, is amended to read as regular-rate payers in the postal rate case be- 1993 has become ineffective. In fact, the follows: fore the Postal Rate Commission. Under this U.S. Postal Service has difficulty ‘‘(3)(A) Except as provided in paragraph (4) provision, the estimated reduction in postal measuring the costs attributed directly or (5), rates of postage for a class of mail or kind of mailer under former section 4358 of revenue from Nonprofit Standard (A) mail to nonprofit mail, so the costs have been steadily rising. this title shall be established in a manner caused by the enactment of the new rate- such that the estimated revenues to be re- making rules is to be treated as a reasonably This year, the U.S. Postal Service ad- ceived by the Postal Service from such class assignable cost of the Postal Service to be ap- mitted that its data did not adequately of mail or kind of mailer shall be equal to portioned among the various classes of mail represent certain categories of non- the sum of— and types of postal service in accordance with profit mail’s real costs. The legislation ‘‘(i) the estimated costs attributable to existing provisions in title 39 of the United would positively change the approach such class of mail or kind of mailer; and States Code. to setting nonprofit rates. If passed, ‘‘(ii) the product derived by multiplying Should this legislation not be enacted we nonprofit rates would be a percentage the estimated costs referred to in clause (i) of the commercial rates, therefore end- by the applicable percentage under subpara- would find that rates for nonprofit mail would graph (B).’’. of necessity, under current law and under the ing the reliance of inaccurate costing (c) SPECIAL RULE FOR NONPROFIT AND pending R–2000–1 case before the Postal figures. CLASSROOM PERIODICALS.—Section 3626(a)(4) Rate Commission, soar up to 35% and more Nonprofit and noncommercial mail of title 39, United States Code, is amended to in some cases. These recommendations costs would always be compiled and read as follows: would cause some nonprofit rates to be higher counted together, greatly improving ‘‘(4)(A) Except as specified in subparagraph than commercial rates in that category. The the accuracy and reliability of the (B), rates of postage for a class of mail or Postal Service data and stabilizing kind of mailer under former section 4358 (d) passing of S. 2686 would affect positively all or (e) of this title shall be established so that those nonprofit and educational organizations nonprofit rates. postage on each mailing of such mail shall be that we all care about so deeply. It would As was indicated, the legislation is as nearly as practicable 5 percent lower than bring relief to nonprofit mailers and would pro- supported by the U.S. Postal Service, the postage for a corresponding regular-rate tect them from double-digit increases in postal the Alliance of Nonprofit Mailers, the category mailing. rates. I urge all our colleagues to support this Magazine Publishers of America, the ‘‘(B) With respect to the postage for the ad- very important legislation. Direct Marketing Association, the As- vertising pound portion of any mail matter Mr. DAVIS of Illinois. Mr. Speaker, sociation for Postal Commerce and nu- under former section 4358 (d) or (e) of this further reserving the right to object, I merous other organizations. title, the 5-percent discount specified in sub- paragraph (A) shall not apply if the adver- join in this unanimous consent request I am pleased and delighted that we tising portion exceeds 10 percent of the pub- and would like to thank the gentleman have been able to work together in lication involved.’’. from New York (Chairman MCHUGH) such a nonpartisan way under the lead- (d) SPECIAL RULE FOR NONPROFIT STANDARD and his staff, Robert Taub and Heea ership of the gentleman from New York (A) MAIL.—Section 3626(a) of title 39, United

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00109 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22266 CONGRESSIONAL RECORD—HOUSE October 11, 2000 States Code, is amended by adding at the end pend the rules that were debated on developed a new field of study, and the following: Tuesday, October 10, on which further enormous new opportunities, at the ‘‘(6) The rates for mail matter under proceedings were postponed. intersection of physics and chemistry. former sections 4452 (b) and (c) of this title A member of the Royal Swedish shall be established as follows: f Academy of Sciences noted that these ‘‘(A) The estimated average revenue per SPECIAL ORDERS piece to be received by the Postal Service two prizes are about the electronics of from each subclass of mail under former sec- The SPEAKER pro tempore. Under today and the electronics of the future. tions 4452 (b) and (c) of this title shall be the Speaker’s announced policy of Jan- I certainly agree. equal, as nearly as practicable, to 60 percent uary 6, 1999, and under a previous order Mr. Speaker, these two gentlemen re- of the estimated average revenue per piece of the House, the following Members flect the high quality of research and to be received from the most closely cor- will be recognized for 5 minutes each. instruction found throughout the Uni- responding regular-rate subclass of mail. f versity of California system and espe- ‘‘(B) For purposes of subparagraph (A), the cially in my heart at the University at estimated average revenue per piece of each UNIVERSITY OF CALIFORNIA regular-rate subclass shall be calculated on SANTA BARBARA SCIENTISTS Santa Barbara. UC Santa Barbara Chancellor Henry the basis of expected volumes and mix of RECEIVE NOBEL PRIZES mail for such subclass at current rates in the Yang noted yesterday that Professors test year of the proceeding. The SPEAKER pro tempore. Under a Heeger’s and Kroemer’s work are exam- ‘‘(C) Rate differentials within each sub- previous order of the House, the gentle- ples of the kind of interdisciplinary re- class of mail matter under former sections woman from California (Mrs. CAPPS) is search that are a hallmark at this cam- 4452 (b) and (c) shall reflect the policies of recognized for 5 minutes. pus, UC Santa Barbara. I know that the this title, including the factors set forth in Mrs. CAPPS. Mr. Speaker, I rise section 3622(b) of this title.’’. central coast of California reaps the today to pay tribute to excellence on benefits of this wonderful institution (e) SPECIAL RULE FOR LIBRARY AND EDU- the campus of the University of Cali- CATIONAL MATTER.—Section 3626(a) of title on a daily basis. 39, United States Code, as amended by sub- fornia at Santa Barbara. I have a long history with UC Santa section (d) of this section, is amended by As Members of the House may know, Barbara. My husband was a religious adding at the end the following: the Nobel Prizes for chemistry and studies professor there for more than 30 ‘‘(7) The rates for mail matter under physics were awarded this week to two years, and that was before he came former sections 4554 (b) and (c) of this title brilliant members of this wonderful here to Congress. I received my mas- shall be established so that postage on each university in my congressional dis- ter’s in education there a few years mailing of such mail shall be as nearly as trict. I want to take this opportunity back, and our son is also a graduate of practicable 5 percent lower than the postage to congratulate Professors Alan Heeger for a corresponding regular-rate mailing.’’. UC Santa Barbara. Many of my staff and Herbert Kroemer for their out- SEC. 2. TRANSITIONAL AND TECHNICAL PROVI- were students there as well. It is a SIONS. standing work. wonderful institution which has opened (a) TRANSITIONAL PROVISION FOR NONPROFIT Herbert Kroemer, an engineering pro- the doors of opportunity to millions of STANDARD (A) MAIL.—In any proceeding in fessor, was awarded the Nobel Prize for people, both young and old. which rates are to be established under chap- Physics for helping to develop cutting Mr. Speaker, I congratulate Pro- ter 36 of title 39, United States Code, for mail edge laser technology. This technology fessor Kroemer, Professor Heeger for matter under former sections 4452 (b) and (c) is widely used today in the Internet’s this tremendous recognition and for of that title, pending as of the date of enact- fiberoptics network and consumer the extremely wonderful contributions ment of section 1 of this Act, the estimated goods like CD players, bar code readers reduction in postal revenue from such mail they have made to the University of matter caused by the enactment of section and laser pointers. His work has given California at Santa Barbara and to our 3626(a)(6)(A) of that title, if any, shall be us the communication tools that are society. The entire central coast is treated as a reasonably assignable cost of powering our new economy and helping proud of their achievements and proud the Postal Service under section 3622(b)(3) of America to dominate the world in tech- that they call UCSB home. that title. nology. f (b) TECHNICAL AMENDMENT.—Section Professor Kroemer has been at UCSB 3626(a)(1) of title 39, United States Code, is since 1976. Prior to that, he worked in TRIBUTE TO THE HONORABLE amended by striking ‘‘4454(b), or 4454(c)’’ and research labs in the United States, in RALPH REGULA inserting ‘‘4554(b), or 4554(c)’’. Germany, and at the University of Col- The SPEAKER pro tempore. Under a The Senate bill was ordered to be orado. previous order of the House, the gen- read a third time, was read the third Arriving at UCSB, he persuaded his tleman from Washington (Mr. time, and passed, and a motion to re- department to focus its research efforts NETHERCUTT) is recognized for 5 min- consider was laid on the table. on emerging compound semiconductor utes. f technology and helped the University Mr. NETHERCUTT. Mr. Speaker, I to become a leader in this field. We are GENERAL LEAVE rise to pay tribute to the gentleman grateful for his foresight and dedica- from Ohio (Mr. REGULA), my good Mr. MCHUGH. Mr. Speaker, I ask tion. friend and colleague. unanimous consent that all Members Physics Professor Alan Heeger won The gentleman from Ohio has served may have 5 legislative days within the Nobel Prize for Chemistry. Many with distinction for the past 6 years as which to revise and extend their re- people believe that his work on elec- the chairman of the Subcommittee on marks and include extraneous material trically conducting plastics will revo- Interior of the Committee on Appro- on S. 2686. lutionize computing. It is expected priations. During that time, he has The SPEAKER pro tempore. Is there that this new field of chemistry will worked tirelessly to make Federal pro- objection to the request of the gen- provide ways to produce flat-screen grams work better for the American tleman from New York? TVs, plastic roll-up computer screens, public. From day one, the gentleman There was no objection. and molecular computers smaller than from Ohio (Chairman REGULA) rolled f watches. up his sleeves and got to work identi- Professor Heeger has been at UC fying critical issues that needed to be ANNOUNCEMENT BY THE SPEAKER Santa Barbara since 1982. He has also addressed, has, throughout his chair- PRO TEMPORE taught at universities in Pennsylvania, manship, asked tough questions on how The SPEAKER pro tempore. Pursu- Utah, and in Geneva. He has won nu- the taxpayers’ money is being used and ant to clause 8 of rule XX, the Chair re- merous awards, including an Alfred P. how effectively the Federal bureauc- designates tomorrow, Thursday, Octo- Sloan Fellowship and a John Simon racy is working. ber 12, as the time for further pro- Guggenheim Foundation Fellowship. The Subcommittee on Interior of the ceedings on the seven motions to sus- His lifetime dedication and work has Committee on Appropriations funds all

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00110 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22267 the National Parks, the National For- being managed more cost effectively, which to revise and extend their re- ests, Wildlife Refuges, and public lands and individual projects are being inte- marks on the subject of my special in this country. Those lands comprise grated into a focused long-term strat- order. more than one-third of the land base in egy. The SPEAKER pro tempore. Is there this country. To address the maintenance backlog objection to the request of the gen- The subcommittee also has funding on our public lands and in our Federal tleman from Florida? responsibility for American Indian and museums, art galleries and Indian There was no objection. Alaskan Native programs, critical en- lands, he instituted an aggressive f ergy research, and many cultural pro- maintenance funding effort and mini- grams such as the Smithsonian Institu- mized new land acquisitions and new OPPOSING THE SALE OF ATTACK tion. programs in order to pay for this long HELICOPTERS TO TURKEY When the gentleman from Ohio (Mr. overdue maintenance initiative. The SPEAKER pro tempore. Under a REGULA) took over as chairman of the One of the highlights of his tenure as previous order of the House, the gen- subcommittee in 1995, he immediately chairman is his creation of a national tleman from Florida (Mr. BILIRAKIS) is focused on targeting critical core pro- recreation fee demonstration program recognized for 5 minutes. grams for funding and eliminating pro- for our parks, forests, wildlife refuges Mr. BILIRAKIS. Mr. Speaker, I rise grams that had outlived their useful- and other public lands. Under that pro- today to voice my fierce opposition to ness or were duplicative of other ef- gram, the fees that are collected go the sale of 145 Bell-Textron attack heli- forts. As a result, five agencies were right back into on-the-ground improve- copters to Turkey, as planned by the eliminated, and over 50 other programs ments to provide for visitor safety and administration. were terminated. enjoyment on our public lands. First and foremost, there is simply The gentleman from Ohio has stood To date, over $500 million in fees no need to proceed with this sale. Tur- by his philosophy that some programs have been collected to supplement the key is already the most militarized must be done, others are important to increased funding provided through ap- state in that region, and it has the sec- do, and still others may be worthy for propriations. These fees have been used ond largest army in NATO after the consideration to the extent that funds for services to benefit visitors to our United States. Despite these facts, Tur- are available. public lands and to preserve the tax- key plans to spend $150 billion over the The gentleman from Ohio’s trade- payers’ investment in these lands for next 25 to 30 years on military weap- mark ‘‘must do,’’ ‘‘need to do’’ and generations to come. ‘‘nice to do’’ categorization has contin- ons; and it plans to implement the first Other tough issues the gentleman ued throughout his tenure as chairman $31 billion phase in the next 10 years. from Ohio (Chairman REGULA) has ad- and has made the Interior appropria- This money could be better used to tions bill a balanced and admirable dressed include critical financial man- build schools, hospitals, or housing for product each year. agement reform in the Forest Service the victims of last year’s destructive The gentleman from Ohio (Mr. REG- to correct financial mismanagement in earthquake. Mr. Speaker, the list is ULA) recognized 6 years ago that the the Forest Service; trust management endless. agencies funded by the Interior bill reform in the Bureau of Indian Affairs; Previous experience leaves no room were accumulating large maintenance and the need for a coherent and respon- for any optimism regarding legitimate backlogs and that efforts to start new sive National Energy Strategy that in- use of such weaponry by Turkey. Quite programs and expand existing ones cludes cooperation among the Federal the contrary, the record shows that the were exacerbating a $15 billion mainte- Government, industry and the States. Turkish military has consistently nance backlog program. New programs He was ahead of his time on the en- failed to distinguish between civilian are politically very popular, and the ergy issue. The need for a national en- and military targets. For the last 16 gentleman from Ohio took a brave ergy strategy has been highlighted years, the Turkish military has been stand in holding the line on new pro- over the past year as fuel oil and nat- using American weaponry, most nota- grams in order to, in his words, ‘‘take ural gas prices have risen dramatically bly attack helicopters, to kill more care of what we have.’’ and certain parts of the country are ex- than 30,000 civilians, destroy over 2,000 In addition to the annual appropria- periencing electric power shortages. ethnic Kurdish villages and displace tions process, the gentleman from Ohio The staff members of the Sub- more than 21⁄2 million ethnic Kurds. committee on Interior have asked me (Mr. REGULA) has held an unprece- b 1930 dented 26 oversight hearings to identify to convey their respect and heartfelt long-standing critical program prob- admiration for the gentleman from The Turkish military has misused its lems and needs and has taken action to Ohio (Chairman REGULA). They include equipment even though its government fix those problems and those needs. Debbie Weatherly, Loretta Beaumont, has signed numerous international The gentleman from Ohio (Chairman Joel Kaplan, Chris Topik, Angie Perry, agreements guaranteeing freedom of REGULA) has never shied away from Andria Oliver and Steve Glomb. They religion and human rights. Recently, controversy. He highlighted major join me in our beliefs that the gen- Turkey used an American COBRA at- problems with the National Park Serv- tleman from Ohio (Chairman REGULA) tack helicopter in its campaign against ice construction program, including a is a truly great man who stands by his the Kurds in southeast Turkey, in di- $1 million rest room construction and a beliefs and has the courage to do the rect violation of the Arms Export Con- bloated centralized construction bu- right thing. trol Act and the Foreign Military Sales reaucracy that discouraged cost con- As the gentleman from Ohio con- Agreement which Turkey signed with tainment and the use of local expertise. cludes his 6th year as chairman, the the United States. He put a stop to the excessive spending people of this country have much to be Despite its repeated pledges and and dramatically pared back the Den- grateful for as a direct result of his promises to make improvements, Tur- ver Service Center that controlled the leadership and tireless efforts on their key’s record of human rights violations construction program. behalf. I join everyone in this Chamber remains dismal. In a December 1997 He held two hearings on the South in giving our great expression of sup- meeting with U.S. officials, Turkish Florida Restoration Initiative, which port and admiration for the gentleman diplomats pledged to meet certain deals with restoration of the Ever- from Ohio (Chairman REGULA). benchmarks for improving human glades, and identified major cost over- f rights in Turkey. In subsequent meet- runs. His efforts uncovered the lack of ings, U.S. officials pledged to oppose a strategic plan for this 20-year multi- GENERAL LEAVE the sale of U.S. attack helicopters or billion dollar program. Mr. BILIRAKIS. Mr. Speaker, I ask other military equipment to Turkey As a direct result of the gentleman unanimous consent that all Members unless the Turkish government met from Ohio’s scrutiny, this program is may have 5 legislative days within these standards.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00111 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22268 CONGRESSIONAL RECORD—HOUSE October 11, 2000 And to what degree did Turkey honor practice of torture has actually increased in the Chicago Board of Education, and its promises? According to the State the past year. the students themselves are to be com- Department’s 1999 Country Report on At a time when the world hopes for a break- mended for proving, and for proving Human Rights, Turkey has failed to through in negotiations on Cyprus, the U.S. conclusively, that a student does not meet any of the benchmarks set forth approves a massive military sale to Turkey. At have to have a voucher or go to a pri- by the administration. How can we a time when the world is attempting to lessen vate or charter school to achieve, and allow this sale to proceed when Turkey the attacks and repressive actions taken indeed to excel academically. has repeatedly failed to live up to its against the Kurdish minority by the Turkish So, Mr. Speaker, a school located in promises? Our Nation risks a loss of government, the U.S. approves a massive the inner city of Chicago, with a di- credibility in permitting this sale military sale to Turkey. verse student population, 50 percent of while repeatedly proclaiming our com- Why is the Administration allowing this com- whom are black, leads the Nation in mitment to respect and promote mercial sale to go forward? Turkey is already the number of its students who quali- human rights and our opposition to the most militarized state in the Mediterra- fied as semi-finalists in the National Turkey’s violations. nean. It possesses vast military superiority Merit Scholarship Competition for out- Other countries have refused to sell over all its neighbors. There is no need to in- standing students. So just as Whitney Turkey weapons because of its human crease its military arsenal. Young practiced excellence in his life rights records. According to a report Rather than spending $4.5 billion on the and work, the Whitney M. Young High by Reuters on September 8, 2000, Ger- purchase of attack helicopters, the Govern- School has built and continues to de- many’s ruling Social Democrats said ment of Turkey might better target those funds velop a legacy of excellence in prepara- their government would veto a $7.1 bil- toward rebuilding the communities ravaged by tion of its students for college, for life, lion order to supply Turkey with 1,000 earthquakes, building more schools and health and for service to humanity. tanks because of Turkey’s human clinics, and addressing other basic economic Again, Mr. Speaker, I commend all of rights violations. If Germany is willing needs of its people. those who have been a part of the de- I urge the Administration to revoke this ex- to forego a lucrative arms deal based velopment of this outstanding institu- port license and move away from the long- on these concerns, why should we feel tion: the parents of the community standing policy of militarizing Turkey—a policy any differently? Is our Nation any less where the school is located, the parents supported by Republican and Democratic Ad- committed to protecting human who serve on the local school advisory ministrations alike. What might have once rights? Are our principles more ‘‘flexi- council, the principal, members of the made sense during the Cold War is now ble’’ when a significant dollar amount faculty, and the Chicago Board of Edu- counter-productive to efforts to demilitarize the is involved? I would hope not. cation itself, who continue to prove region. Mr. Speaker, some values transcend The pursuit of regional peace and stability that public education can in fact geopolitical barriers, and respect for and respect for basic human rights are not thrive; that it can flourish; that it has human rights is one of them. People helped by arms sales. worked and continues to work when we around the world look to the United put the resources where the need ex- f States for leadership and guidance pre- ists. cisely because of our strict adherence RECOGNIZING WHITNEY M. YOUNG f to such principles. The proposed arms AS OUTSTANDING PUBLIC HIGH sale to Turkey, viewed in the light of SCHOOL REPUBLICAN CONGRESS HAS MADE HIGHER EDUCATION MORE its past record on human rights, is con- The SPEAKER pro tempore. Under a AFFORDABLE FOR AVERAGE trary to the values we espouse, harmful previous order of the House, the gen- FAMILY to our imagine abroad, and threatens tleman from Illinois (Mr. DAVIS) is rec- the security of a strategically impor- ognized for 5 minutes. The SPEAKER pro tempore. Under a tant region. Mr. DAVIS of Illinois. Mr. Speaker, previous order of the House, the gen- For these reasons, Mr. Speaker, I as the debate continues around the tleman from California (Mr. HORN) is urge Members to join me in opposing issues of vouchers, charter schools, and recognized for 5 minutes. this arms deal and in calling for its im- what some call alternatives to tradi- Mr. HORN. Mr. Speaker, I thank my mediate cancellation. tional public education, I take this op- colleagues for the tremendous progress Mr. MCGOVERN. Mr. Speaker, I have long portunity to pay tribute to the Whit- we have made in funding students who been concerned about the level of U.S. mili- ney M. Young Public High School in want a higher education. tary aid and arms sales to Turkey. On aver- Chicago, Illinois, which has the distinc- As a former university president, I age, the U.S. provides Turkey with more than tion of being hailed number one in the understand the importance of the $1 billion each year in direct military assist- Nation in college preparatory edu- grants, loans and work study programs ance and training and commercial arms ex- cation. which are funded by the Federal Gov- ports. There are more particular reasons, how- For 15 years, the Whitney M. Young ernment. I also understand the finan- ever, for why I am opposed to the recently an- magnet school has been number one in cial difficulties that are faced by most nounced agreement for Turkey to purchase the State of Illinois. This year, the families in America. That is why I am 145 attack helicopters worth $4.5 billion from year 2000, it leads the United States in so pleased that the Republican Con- U.S. arms manufacturers. Nothing could be the numbers of its students who quali- gress has taken significant steps in re- more destructive to the efforts by the U.S. and fied as semi-finalists in the National moving the financial barriers to higher the international community to bring peace Merit Scholarship Competition for out- education. and stability to the eastern Mediterranean re- standing black students. Twenty sen- One accomplishment that this Con- gion that this major arms purchase by Turkey. iors put Whitney M. Young on the top gress can be particularly proud of is Human rights organizations inside and out- of the list as a result of their ranking the increased funding for the Pell side of Turkey have documented that Turkey in the top 2 percent of youngsters in Grant program to provide access to col- has used American Cobra attack helicopters in competition. lege for students from low-income its campaign against the Kurdish people in Graduates of Young go on to college homes. Since the Republicans took southeast Turkey. The Turkish military consist- at the astronomical rate of 96 percent, control of Congress, we have increased ently fail to distinguish between civilian and with the University of Illinois enroll- the maximum award by an average an- military targets. For the past 16 years, the ing more than any other college or uni- nual rate of over 7 percent. During the Turkish military has used American weaponry versity. Princeton, Harvard, Stanford, 40 years our friends across the aisle and especially attack helicopters to kill over Yale and the Massachusetts Institute were in the majority, the maximum 30,000 civilian non-combatants, destroy over of Technology lead other schools in en- Pell Grant award was only increased by 2,000 ethnic Kurdish villages, and displace rollment of Whitney Young alumni. the average of 1.4 percent. Think of it. over 2.5 million ethnic Kurds. In its ‘‘Report Mr. Speaker, Principal Joyce Kenner, Think how many students were denied 2000,’’ Amnesty International states that the her staff, local school council, parents, access.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00112 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22269 This academic year, students can PRESCRIPTION DRUGS lem it created. Those who argue to con- gain up to a $3,300 Pell Grant for higher The SPEAKER pro tempore. Under a tinue the inflationary process are education expenses. This award can previous order of the House, the gentle- equally in error. As if the economy make the difference in whether a stu- woman from Michigan (Ms. STABENOW) were an airplane, the monetary au- dent stays in school or has to drop out is recognized for 5 minutes. thorities talk about a soft landing with because he or she cannot afford it. Ms. STABENOW. Mr. Speaker, for the past the false hope of painlessly paying for More than 84 percent of the students six months, I have been reading letters on the the excesses enjoyed for a decade. receiving this award come from fami- floor of the House of Representatives from It should surprise no one that our fi- lies who make less than $30,000 a year. senior citizens from all over the state of Michi- nancial markets are getting more vola- Without this program, college would be gan. These seniors have shared their stories tile every day. Inflating a currency and just a dream for most of them. I am de- with me about the high cost of prescription causing artificially low interest rates lighted that my colleagues have been drugs. They all have one thing in common: always leads to malinvestment, over- able to increase funding for Pell Grants these seniors rely solely on Medicare for their capacity, excessive debt, speculation, and make college available to many health insurance, so they do not have any pre- and dangerous trade imbalances. We more low-income students who are in scription drug benefit. They must pay for their now live in a world awash in a sea of need. prescription drugs themselves, and with the fiat currencies, with the dollar, the We also have taken steps to have high prices, they often are forced to make de- yen, and the Euro leading the way. The more students able to afford college. cision between buying the prescription drugs inevitable unwinding of the wild specu- When I was president at California they need or buying food or heating their lation, as reflected in the derivatives State University in Long Beach, during homes. We must enact a voluntary, Medicare market, is now beginning. those 1970s and 1980s, there were 35,000 prescription drug benefit that will provide real And what do we do here in the Con- students; but 5,000 who were eligible for help for these seniors. gress? We continue to ignore our con- Pell Grants were not able to have the This week, I will read a letter from Mary stitutional responsibility to maintain a Federal funds. Even with financial aid, Hudson from Fenton, Michigan. sound dollar. Our monetary policy of I understand that Mary currently does not fill many students were forced to take out the last 10 years has produced the larg- most of her prescriptions because she cannot student loans to meet the rising tui- est financial bubble in all of history, afford them. tion costs of higher education. with the good times paid for by bor- Sometimes, her son buys her medication for In fact, the demand for loans has in- rowing and an illusion of wealth cre- her and sometimes she goes without. creased by 35 percent over the past 5 If Mary did purchase all of the prescription ated in a speculative stock market. years. Until recently, many of these medication she needs, her bills would be ap- Our current account deficit, now run- loans came with high interest rates. proximately $1715.40 per year. ning over $400 billion per year, and our When one has to borrow thousands of I will now read Mary’s letter. ‘‘Dear Debbie, $1.5 trillion foreign debt, has been in- dollars, the interest can be fairly sub- Last summer, I went to a doctor with bladder strumental in financing our extrava- stantial. It is bad enough that grad- problems and high cholesterol and was given gance. Be assured, the piper will be uating students start out in life thou- prescriptions cost $44—which I got filled—but paid. The markets are clearly reflect- sands of dollars in debt; they should the other was $90—which I would not. Who ing the excesses of the 1990s. not be saddled with high interest in ad- can afford those prices and pay other bills Already we hear the pundits arguing dition. too? over who is to be blamed if the markets The Higher Education Act amend- Thanks for your interest in seniors, Debbie, crash or a recession hits. Some have ments, which we passed in 1998, and for anything you can do to help us. Love, given the current President credit for changed the formula for determining Mary.’’ the good times we have enjoyed. If the the interest rates on variable rate stu- Mary deserves a genuine Medicare pre- crash comes, some will place the blame dent loans. Once this bill was enacted, scription drug benefit. Time is running out to on him as well. If problems hit later, interest rates dropped 1.3 percent to do something in this Congress. We must the next President will get the blame. under 7 percent. This is only the third enact real prescription drug reform before we But the truth is our Presidents deserve time that this has ever happened in the adjourn. neither the credit for the good times history of the student loan program. f nor the blame for the bad times. Lower interest rates mean less expen- CONGRESS IGNORES ITS CON- The Federal Reserve, which main- sive loans that more students and fam- STITUTIONAL RESPONSIBILITY tains a monopoly control over the ilies can take out. It also means that REGARDING MONETARY POLICY money supply, credit and interest students can pay off their loans in less rates, is indeed the culprit and should time and put the money toward other The SPEAKER pro tempore. Under a previous order of the House, the gen- be held accountable. But the real re- expenses. sponsibility falls on the Congress, for it tleman from Texas (Mr. PAUL) is recog- Mr. Speaker, a college education is nized for 5 minutes. is Congress’ neglect that permits the no longer a luxury; it is a necessity. In Mr. PAUL. Mr. Speaker, at a frantic central bank to debase the dollar at today’s high-tech, highly competitive pace we anxiously rush to close down will. economy, a college-educated workforce this Congress with excessive legislation is crucial to our Nation’s success. But while totally ignoring the all-impor- b 1945 there is more than that at stake here. tant issue of monetary policy. For many people, a college education is Congress has certainly reneged on its Destroying the value of a currency is part of the American Dream. Repub- responsibility in this area. We continue immoral and remains unconstitutional. licans are working hard to make this to grant authority to a central bank It should be illegal. And only a respon- dream a reality. These accomplish- that designs monetary policy in com- sible Congress can accomplish that. ments bring us closer to the goal of en- plete secrecy, inflating the currency at In preparation for the time when we suring that every qualified American will, thus stealing value from the al- are forced to reform the monetary sys- who wants a college education will be ready existing currency through a dilu- tem, we must immediately begin to able to afford one. tion effect. consider the problems that befall a na- I want to congratulate my colleagues The Federal Reserve clings to the tion that permits systematic currency who have worked so hard on these silly notion that economic growth depreciation as a tool to gain short- issues, and I am very proud that the causes inflation, thus trying to avoid term economic benefits while ignoring Republican Congress has made it such the blame it deserves. The Federal Re- the very dangerous long-term con- a priority to open the doors of higher serve then concludes that an economic sequences to our liberty and pros- education even further. slowdown is the solution to the prob- perity.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00113 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22270 CONGRESSIONAL RECORD—HOUSE October 11, 2000 PENDING SALE OF ATTACK that it would condition approval of an the school districts and requiring ac- HELICOPTERS IN TURKEY export license on Turkey’s meeting a countability, accountability that The SPEAKER pro tempore (Mr. series of eight human rights bench- young people can read, that young peo- TANCREDO). Under a previous order of marks. ple understand math, that young peo- the House, the gentlewoman from New A review of the State Department’s ple understand science and English and York (Mrs. MALONEY) is recognized for annual human rights report issued ear- reach certain levels of excellence. 5 minutes. lier this year can lead to only one con- Then we will have the Gore plan that Mrs. MALONEY of New York. Mr. clusion, that Turkey has not met the talks about, if you do what we want Speaker, I rise today to urge the De- criteria laid down in 1998. you to do, we will furnish some money. partment of State not to issue an ex- In light of its own report, the State If you hire teachers, we will help you. port license for the sale of attack heli- Department should follow the prin- If you do new school construction, and copters to Turkey. cipled example of our NATO ally Ger- I would say also and if you are urban, As my colleagues are aware, in July many. we may help you. But it certainly will of this year, the Turkish government Just a few weeks ago, Peter Struck, not be to the most of the hundreds of announced that it had awarded a $4 bil- the parliamentary leader of Germany’s thousands of school districts in this lion contract for attack helicopters to ruling SPD party, announced that a country, only a few privileged few. Now, it is interesting as we listen to the American company Bell-Textron. pending multi-billion-dollar sale of this debate that we keep it in perspec- However, before the sale can take Leopard II tanks to Turkey would be tive. The Federal Government claims place, the Department of State must blocked on human rights grounds. that they provide seven percent of the issue an export license and its decision Mr. Struck added that he did not ex- basic education money from K–12, must take into account both foreign pect this decision to change in light of seven percent. policy and human rights consider- the fact that no progress was being made in Turkey’s human rights per- Now I am going to give my col- ations. leagues the actual figures to Pennsyl- As I look at these considerations, it formance. The overall impact of going through vania, the fifth largest State in the is clear to me that sending 145 attack country, a sophisticated State, 3.3 per- helicopters to Turkey runs directly with this helicopter sale would be to damage America’s credibility as a cent of the money in school districts. counter to American interests and val- Of the 530 school districts in Pennsyl- ues in the region. The United States champion of human rights and endan- ger regional stability in an area of con- vania, 3.3 percent of their budget comes has a national interest in fostering from the Federal Government. siderable strategic significance to the peace and stability in the Eastern Med- So the question I ask is, that is 47 United States. iterranean region. percent of seven percent, so what hap- The argument that Turkey needs Recent developments in this regard pens to the 53 percent? Is it all chewed these additional attack helicopters to have been encouraging, in particular up in Federal and State and regional the thaw in relations between Greece defend itself against possible attack by bureaucracies that we know are often and Turkey. Yet, the sale of attack Syrian, Iraqi, or Iranian tanks is sus- funded by the Federal Government? If helicopters threatens to reverse this picious. The existing Turkish military that is the case, then if we are going to positive trend and unleash a regional inventory already provides an over- impact education from Washington, we arms race. whelming deterrent against these al- have to figure out how to get the This is not in our interest. It is also leged threats. money into the classroom. not in our interest to see these heli- This arms deal is also not in Tur- Last year and the year before, we had copters used not for legitimate self-de- key’s best interest. Turkey recently a program called Dollars to the Class- fense or NATO purposes but instead to became a candidate for accession to room that took a lot of programs and terrorize and threaten. the European Union. For this purpose, made it much easier for school dis- Turkey has had a long record of it needs to undertake massive restruc- tricts to use them and get the money using U.S.-supplied military equipment turing and modernization of its econ- out to the school districts without all in direct violation of U.S. law. In 1974, omy. It also needs to reduce the mili- the bureaucratic work that is needed, Turkey employed U.S.-supplied air- tary’s role in government, make dra- without the grantsmen, without the craft and tanks in its invasion of the matic improvements in human rights, consultants that you need to get Fed- northern part of Cyprus, an area that resolve territorial issues with Greece, eral money. Turkish forces continue to occupy and help to solve the Cyprus problem. It is interesting for the American today with the use of U.S.-supplied By moving to expand its fleet of at- public to realize, Mr. Speaker, that one military equipment. tack helicopters, Turkey sends a signal of my most suburban school districts For the past 16 years, Turkey has of misplaced priorities and undercuts gets just a little over one percent of its been illegally using American weap- its quest to join Europe. money from the Federal Government. onry, especially attack helicopters, in In short, I call upon the administra- Are we going to fix education in that a scorched-Earth campaign against its tion to take a principled stand against community? I have dozens of school Kurdish minority and has threatened this pending sale of 145 attack heli- districts that get between one and two to use them against Greece and Cyprus copters to Turkey and deny the export percent of their money from the Fed- as well. license. eral Government. To date, according to reports from f Are we going to fix education there? various human rights organizations, We can help a little bit. We can guide EDUCATION IN AMERICA the Turkish military has killed over a little bit. But if we are going to have 30,000 civilian Kurds, destroyed over The SPEAKER pro tempore. Under a Washington-based programs that they 2,000 Kurdish villages, and created per- previous order of the House, the gen- have to apply for that they have to haps as many as 2.5 million Kurdish tleman from Pennsylvania (Mr. PETER- meet all the requirements of, most refugees. SON) is recognized for 5 minutes. smaller school districts will not even Amnesty International, Human Mr. PETERSON of Pennsylvania. Mr. apply. Rights Watch, and even our State De- Speaker, I rise tonight to talk about I think it is important as we listen to partment have reported that Turkey education. We will hear later tonight this presidential debate that we talk has illegally used American attack hel- from the two presidential candidates a about getting dollars to the classroom, icopters in these horrendous crimes lot about education. We will have two that we require accountability, but not against humanity. very differing messages. Federal bureaucracies in charge of our The administration appears ready to George W. Bush, the Republican can- school districts. grant an export license despite state- didate, will talk about getting money My colleagues, we cannot improve ments by the State Department in 1998 to the classrooms, getting money to education by more Federal programs,

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00114 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22271 more Federal bureaucrats, more Fed- County, and soon to be the entire State out California, it could severely hurt eral rules and with only 47 percent of of California. the entire Nation’s ability to continue the Federal dollars reaching the class- Now, it may seem like a political the economic prosperity that so many room if Pennsylvania is like most comment to say that, when politicians of us in elective office want to point to States. And I believe that is probably make mistakes, terrible things happen. and take credit. the case in most States. But I think too often some of our elect- Now the challenge is, will we rise to So it is important that if we are ed officials do not consider the impact protect this economic recovery by ad- going to really help education from on the real people in the community dressing this government problem that Washington that we allow the local who are out there doing the great was created in Sacramento and may leaders, we make it easy to get the things that we take for granted. only be corrected now by working to- Federal dollars there. If they need Mr. Speaker, I am in a sad position gether to protect the consumers, the maintenance, they can do mainte- tonight to announce that an institu- taxpayers, the citizens and, yes, even nance. If they need teachers, they can tion in my district in Pacific Beach, a small businesses like DeVaney’s Bak- hire teachers. If they need books, they landmark that has been there for 54 ery that has been around so long and can buy books. If they need computers, years, is going to close because the will not be around tomorrow because of they can buy computers. Not Wash- State legislature of the State of Cali- mistakes that have been made by oth- ington telling them, we will help you if fornia passed a so-called energy de- ers, but that we must address. you do what we think you should do. regulation bill that is now causing f So I think it is very important as we electric power rates to rise to such as- END-OF-SESSION ISSUES listen to this Presidential debate that tronomical levels that small businesses we realize that Washington cannot are going bankrupt. The SPEAKER pro tempore (Mr. make our school districts better. We The small business I am speaking of TANCREDO). Under the Speaker’s an- can only be a small player if we get the is DeVaney’s Bakery in Pacific Beach. nounced policy of January 6, 1999, the money to the school districts and we It has been a bakery that has been gentleman from Pennsylvania (Mr. allow them to make the decisions that around since 1946. It has been a family- GEKAS) is recognized for 60 minutes as teachers and the administrators and owned business that has served not the designee of the majority leader. the parents involved in their young only the local community but the en- BANKRUPTCY REFORM people’s education, that Washington tire sub-region of the coastal area that Mr. GEKAS. Mr. Speaker, we are does not have the answers, Washington we call San Diego. nearing the end of the current session will not make it better, it will make it It is sad to see that Sacramento ad- as everyone knows and it is very appar- more complicated, few dollars will journed, Mr. Speaker, this year before ent that nerves are frayed and that reach the classroom. they addressed this absolutely critical tempers are short but that is to be ex- All these bureaucracies that are economic and social crisis in San pected. That is an occupational disease funded with that 53 percent do not Diego, which is soon to spread through- of being a Member of Congress or of teach a student, do not make a class- out the State of California. I would being the member of any parliamen- room better, do not make a school bet- hope that the speaker and every Mem- tary body anywhere in the world. But ter, and does not help the role of edu- ber of this Congress would join with me we have a special affliction here in cation. in asking that we try to work together Washington because we indulge in this So as I conclude my comments this here to do what we can to save the con- almost every single year with every evening, it is important that we get stituency and the citizens of San Diego single year’s budget, with every single the money to the classroom, that we County, and soon to be California, from year’s end incessant haggling over mi- require accountability that students this horrendous mistake by the State nutia and some grand themes in this can read, they can do math, they can legislature. end-of-the-session battle in which we do science, and they know English. Mr. Speaker, it took a bipartisan ef- find ourselves once again. That will give them the basis for their fort in Sacramento to create this dis- Bankruptcy reform, which began life and will give them a good edu- aster that is closing down this land- some 31⁄2 years ago in this very Cham- cation. mark in Pacific Beach. ber, is one of those grand items to which I refer as being includable in the f b 2000 end package of legislation which we ENERGY DEREGULATION I would ask us here in Washington to will be considering in the next few The SPEAKER pro tempore. Under a step forward and make a bipartisan ef- days, perhaps after the new CR is previous order of the House, the gen- fort to save businesses throughout San passed even into next week. But there tleman from California (Mr. BILBRAY) Diego County and California from the is a distinct difference in taking the is recognized for 5 minutes. devastating effect of this legislative bankruptcy reform measure and put- Mr. BILBRAY. Mr. Speaker, as mistake in Sacramento. So I ask us to ting it at the end process for the pur- things are cooling off here in Wash- learn from this tragedy of DeVaney’s pose of yet one final vote on it. It is ington and the temperature of the city Bakery and let us work together at one that has been thoroughly debated. is dropping, to the relief of the local trying to see what we can do to protect It is not like at the last minute some communities, back in San Diego things the constituents from Sacramento’s appropriator jams something into the are heating up. And sadly, they are mistake. I hope we do not find excuses omnibus bill at the end about which we heating up not because of the weather to walk away before we can address know nothing and we are surprised but because of the inappropriate action this issue. It is sad that Sacramento months later to learn that there is a of Government and the inaction of did that. I would ask us, both Demo- swimming pool now in the middle of those who should be taking care of crats and Republicans, to work to- the desert where never there was one their constituents. gether. I hope I am not here next week before. Those kinds of special favor A few years ago, the State legislature announcing the next business that had types of items continue to appear in of the State of California tried an ex- to go under. the end product. We acknowledge that. periment called energy deregulation, I would remind Mr. Speaker that this Sometimes we wonder whether there is at the same time that those of us in is not just a San Diego problem. San anything we can do about it except to the Congress were working on deregu- Diego and California has been a driving adopt the proposal that I have proposed lation of telecommunications. But un- force at generating revenue for this for 18 years, no, no, for many, many like what we did successfully here in Federal Government that has con- years now, that is, to have an auto- Washington, the State did not assure stituted what we call the surplus. If we matic continuing resolution if we have competition, access, and infrastructure do not address this power crisis in San not reached a budget by the end of the for the energy consumers of San Diego Diego, it will not only spread through- budget year.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00115 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.003 H11OC0 22272 CONGRESSIONAL RECORD—HOUSE October 11, 2000 In any event, the bankruptcy reform think, women, or single mothers or disappointment of the Vice President bill is not like that swimming pool in people who were devoid of support in and others over at the White House, the desert. Rather, it is a measure that their own household, but I was so this Department of Education has has been well received by Members of struck by it that I instructed my staff failed in its noble mission. the House, by Members of the other to make sure that the next time there One does not have to look too far to body, by the business community, by will be language in our next version of find examples of that. Here is the re- the credit unions of our Nation, by tax- the bankruptcy reform that will cure ality of what has occurred since 1993. payers groups, by taxing authorities the problem brought to us by that wit- Just a few month ago, the General Ac- like States and local governments, all ness. As I say, this was legislative counting Office in reporting to the manner of working entities in our magic at its best, witnesses testifying, Committee on Education and Work- country have testified before us, giving developing solutions to problems, and force of the House said the following, us ample evidence upon which to base we who were charged with the responsi- and I quote again: this movement to make sure that ev- bility of packaging all that in a reform The Department is riddled with continued eryone gets a new start, a fresh new measure succeeded in doing so. weaknesses in information systems controls start who deserves one but who, by the Mr. Speaker, I yield to the gentleman which increase the risk of unauthorized ac- same token, will guarantee in that from Colorado. cess or disruption in services and make Edu- process that those who can repay some cation’s sensitive grant and loan data vul- EDUCATION nerable to inadvertent or deliberate misuse, of their debt should be compelled to do Mr. SCHAFFER. I thank the gen- fraudulent use, improper disclosure or de- so in a fair, proportionate way in which tleman for yielding. I want to talk struction which could occur without being we have fashioned the mechanism for about education. Tonight there will be detected. doing just that. a debate between the two Presidential That was in testimony to the Sub- So when we bring this massive bank- candidates and we of course all across committee on Oversight and Investiga- ruptcy reform bill to the end game, we the country are looking forward to tions going back to March of this year. are not shoving it into some omnibus that. Education is likely to be one of We have seen similar other kinds of bill hoping that nobody sees it. No, we the issues raised. I say this because, characterizations of the Department of are bringing it to the floor after I politics being as it is, candidates tend Education as we in our efforts to try would say one of the most thorough to look to opinion polls to help identify and be frugal with the taxpayers’ continuing debates that any subject those issues that are the most impor- money have asked hard questions has received for many, many years. I tant to the people in the country. about where does the money go. It is know, because I and my staff have been When they are inclined to do that in frustrating as a parent myself of five involved in it from the very beginning, America today, they will find that edu- children, three of them in public through many, many hearings, hun- cation is the number one issue on the schools today, to learn that of every dreds of documents, many private dis- minds of most Americans. My point to- dollar that we spend on education cussions and consultations with bank- night is twofold, one, I want to talk through our Federal budget, only about ruptcy experts and with credit institu- about some of the work we have done 60 percent of those dollars is actually tions and with bankrupts themselves, here in the United States Congress as a spent in the classroom. In other words, people who have filed for bankruptcy, Republican majority and as Repub- there is upwards of 40 percent, and that women who are left in a home without licans across the country to try to ele- is probably a generous estimate, that is a husband, without a provider, pro- vate the importance and prominence of wasted, squandered, lost, lost through viders, people who deal in State gov- education and to push forward a plan fraud, lost through abuse, sometimes ernment with the complex problems of that is designed to improve the quality lost through crime. I will go through support and support collection. You of education in America, and secondly some of those examples here today be- name it, we have heard from that kind I want to talk about what has been cause it underscores our Republican ef- of individual in our regular hearing done over the last 8 years, because, fort around the country to try to get process. That is what is so bountiful in without a doubt, the Clinton-Gore re- dollars to the classroom. the outcome of the bankruptcy reform gime that has held the White House for There is a difference of opinion here movement, that indeed it is the prod- the last 8 years has defined itself as an in Washington and a difference of opin- uct of every coloration in our society administration that has missed many ion that will be expressed later on to- of people who have to do business with opportunities and has failed to lead night by the two candidates for Presi- each other in order for this economy to with respect to education. dent of the United States. continue to work as well as it has. I will start out by quoting the Vice b 2015 By the way, in almost every set of re- President. He published a report called marks that I make back in my district Report of the National Performance Democrats have always been in favor about bankruptcy reform, I pride my- Review. It was published in 1993. In of spending more money. Whether it self in reasserting that within the that report back in 1993, here is what comes to the Department of Education hearing process, it was not just a the Vice President said, and I quote: or any agency, spend and spend and spend has been their philosophy. While cameo appearance by people where we The Department of Education has suffered knew what their testimony was going from mistrust and management neglect al- we are not necessarily always opposed to be and we ho-hummed our way most from the beginning. To overcome this to spending if it is for a good and just through those hearings, I have to legacy and to lead the way in national edu- cause, our Republican philosophy is maintain and I will to my dying day cation reform, the Department of Education very different. It is one that says spend that the final product of bankruptcy must refashion and revitalize its programs, wisely, be accountable for how money reform reflected actual testimony rec- management and systems. is allocated and budgeted and spent. So ommendations and clarifications made My point being, Mr. Speaker, is that we are the party, the Republican by the witnesses from out there in the going all the way back to 1993, the Vice Party, that asks the tough questions world of commerce and in the world of President of the United States fully about where do these dollars go? How the bankruptcy courts themselves. So understood the nature of the U.S. De- is the money allocated? Has it actually it was not as if we were prompted by a partment of Education, an agency that reached children in classrooms? Has it pre-prepared agenda with cooked legis- hemorrhages cash on virtually a day- been effective? As parents we are just lation that we were just going through by-day basis. This is an agency that we kind of normal people who ask these the motions in these hearings but, look to to try to get dollars to the questions as most normal people would rather, an intense investigation into classroom, to utilize the education ex- when they come to Washington, D.C. the entire process. We learned from it. penditures of the American people in a We work hard as all taxpayers do to I remember after the first hearing way that will help children learn but, earn various livings and come from that someone testified on behalf of, I to our disappointment and even to the various professional and employment

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00116 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22273 backgrounds. We pay taxes to the Fed- by being honest about what is wasted, deeply about, and principles that he eral Government. We do not like pay- what has been abused, where fraud, has made the basis for the work that ing taxes, but we are willing to do that where theft has occurred over in the we have done and undertaken in the when it is right and when the cause is Department, and we raise those impor- House Committee on Education and just; but we expect people here in tant issues, not to embarrass anyone. the Workforce, and those principles are Washington will follow the money and We do want to cause a certain amount all about recognizing the strengths of make sure that when we say we are of alarm, I suppose, because these local communities, of States, of recog- going to spend a dollar on education we issues need to be addressed; they need nizing the autonomy of parents to play actually do it. to be fixed. the primary role in helping drive the It was not until the Republican Party That ultimately is our goal to fix education of a child and local commu- took the majority of the Congress that these problems and create a Depart- nities. And ultimately this message of these difficult questions were even ment of Education that actually is on accountability is something that we asked in the first place. Here is what the mark; that actually helps children talk about every day. we found out: the U.S. Department of learn; that really gets dollars to the Mr. GOODLING. Mr. Speaker, will Education in 1998 could not even audit classroom and creates, through a sys- the gentleman yield? its books. We set up a very rigorous tem of assistance with the various 50 Mr. SCHAFFER. I yield to the gen- evaluation process. We required every States, a support system that allows tleman from Pennsylvania. Federal agency to come up with a new those States to define their edu- Mr. GOODLING. Mr. Speaker, I standard of accountability to hire out- cational priorities and to ultimately thank the gentleman for yielding, and side auditors to come in and examine meet them and help children, because I want to echo some of the things that their books, give an outside profes- that is what really matters in the end. he has already said. For the first 20 sional unbiased opinion of the finances It does not matter how much money years in the Congress of the United of various Federal agencies, and the we spend. It does not matter how many States all I ever heard was that if we U.S. Department of Education came to new programs we create. What matters just had another 100 programs from the us in the 1998 audit and the inde- more than anything else is results and Federal level, one-size-fits-all, if we pendent auditors actually said the what we can do here in Washington just had a few more billion dollars, if books were so bad over there, so poorly that helps children learn. we just could participate more from managed, that they could not even Now we have a great record where the Federal level, that somehow or an- audit the books, let alone tell us how this is concerned as a Republican ma- other we would close the achievement the dollars were spent. jority. We have passed legislation over gap with the disadvantaged youngsters In 1999, Mr. Speaker, things did not the last few years that is intended and because that is our major role from the get much better. The Department was designed to shrink the size of the U.S. Federal level. able to finally balance its books but it, Department of Education, to consoli- Well, obviously it did not work, and of course, failed that audit. So we find date programs. There are some 760 edu- every study showed that it did not these reports coming back to us from cation programs spread out throughout work. One-size-fits-all from Wash- independent auditors, from government several different agencies. We want to ington does not work. So we wasted a auditors, painting a very bleak picture consolidate those programs. lot of money, but worse than that a lot when it comes to the accountability of Mr. GEKAS. Mr. Speaker, will the of time because what happened is we the funds that are spent down the gentleman yield? cheated children, pre-school children street at the United States Department Mr. SCHAFFER. I yield to the gen- particularly in Head Start, for the first of Education. tleman from Pennsylvania. 10 years because nobody ever talked Now we still want to have a powerful Mr. GEKAS. Mr. Speaker, I noticed about quality. The only thing we role and an important role in improv- that at the exact moment when the talked about was if we could just cover ing schools across the country, but we gentleman from Colorado (Mr. SCHAF- more children that somehow or an- point these examples out to show that FER) was talking about the fact that other that would work. What they for- there really are two different ap- the Federal dollars that are being got was that it was supposed to be a proaches to how we improve schools in spent could be better spent at the local reading readiness program and a school America. There is the Democrat ap- level, in walked the gentleman from readiness program; but what it turned proach, the Al Gore approach, that Pennsylvania (Mr. GOODLING), who for out to be was, as a matter of fact, a says just spend the money, never ask years has been determined to make poverty jobs program and a baby-sit- the tough questions, never mind certain that we know that the best way ting program. whether the dollars really get in the to spend those dollars is at the local We finally got it turned around. classrooms; whether these dollars school board level. So when we became the majority, we spent really improve student perform- Mr. SCHAFFER. Mr. Speaker, I said, gee, we have to change. The tax- ance; whether they really improve our thank the gentleman for those com- payer is not getting very much for the standing among international peers. ments. money but, more importantly, the chil- Just spend the money and that is the Mr. Speaker, I was waiting for the dren who are to benefit from all of right thing to do because, after all, we gentleman from Pennsylvania (Mr. these wonderful programs, one-size- care about education, we care about GOODLING) to grab a microphone there fits-all from Washington, were not get- kids; and if we just spend the money, so I could recognize him and yield some ting any help. So the achievement gap, things will sort of correct themselves. time to him as well, because it has of course, never closed. That is in stark contrast to what we been the Republican leadership on the We said we are going to have, first of will hear the governor of Texas speak House Committee on Education and all, seven key principles that Repub- about tonight and what Republicans the Workforce, under the direction of licans are going to push every time we stand for and have stood for here in the gentleman from Pennsylvania (Mr. talk about any legislation from Wash- Washington, which again says there is GOODLING), and also the efforts being ington, D.C. Number one, if it is not a money to be spent; and we believe that led by Republican governors through- quality program, then do not bother the Federal Government has some role out the country, that have shown a with the program. Get rid of the pro- to play in trying to help local adminis- new way to reach out to children and gram. We need to have better teaching. trators, school board members, super- to manage government programs in a We need to have local control. We need intendents, and teachers teach chil- way that helps kids far better than to have accountability. We need to dren; but we really are about account- what we have seen come out of the make sure that we get the dollars to ability. We want to make sure that we White House over the last 8 years. the classroom, where they can really squeeze every ounce of efficiency out of We have focused on some key prin- help the children. We need to make every dollar that is spent, and we start ciples that I know the chairman cares sure that we return to basic academics

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00117 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.004 H11OC0 22274 CONGRESSIONAL RECORD—HOUSE October 11, 2000 and parent involvement but not only meetings when there is a Republican IDEA full funding, again, in those parent involvement, parent responsi- philosophy of flexibility sitting across first 20 years I kept saying over and bility. The reason public charter the table from the Democrat philos- over again, if we really want to help schools work, one of the major reasons, ophy as proposed by AL GORE of a cen- the local school district, I will say the is because of the parent responsibility. tralized, Washington-knows-best atti- best way we can do that is to step up to They are responsible to enforce the tude. It is a real clash but one that I the plate with the 40 percent that we dress code. They are responsible to en- believe we need to win on the side of coaxed them into this program, guar- force the homework code. They are re- flexibility. I think it is critical and im- anteeing them 25 years ago. When we sponsible to get the children to school portant for our children, and I was hop- became the majority, we were only up and get them home from school. They ing the gentleman would elaborate a to 6 percent. We are now up to about 15 assume that responsibility. Now what little further on that point. percent. does that do? That attracts the best Mr. GOODLING. I think that it has What that means is every low-income teachers. That attracts the best admin- been a slow learning process for the mi- school district has to take their local istrators, the best supervisors, because nority, because I think they are at the funds to support the IDEA mandates they want to teach. They want to be in point now where they realize these pro- from Washington, D.C., which means an environment where they can teach. grams did not work. Well intended, no they must take it away from every So one of the very first things we question well intended, but they now other program. That is why I would talked about, even before we became begin to realize, and we hear the word tell them, if we want to reduce class the majority, was we need to give flexi- flexibility mentioned now on the other size, send them the money. They will bility to the local school districts to side of the aisle. We hear different reduce class size. If we want them to design these programs rather than say things mentioned that we never would repair a building, send the IDEA here is one-size-fits-all, take it or like have heard for years because the pro- money, they will repair buildings. it, even though you do not benefit from grams did not work. So now they are But no, we need a new program from it. saying, hey, it looks like Texas, for in- Washington. That is what we have So we got a token before we became stance, was very, very successful with heard the last couple of years, with our the majority. We said here we will give that flexibility. battle over 1,200,000 teachers; our bat- you six States for flexibility and they What does it mean to a State? Well, tles over school construction. said we will give you 12 now the next first of all, before we allowed any kind We passed the Reading Excellence time. Two of those States that did of flexibility, the only purpose for the Act, again saying, on the local level, very, very well with the flexibility Federal auditor to go out into that they know how to do that. But above they got were Maryland and, above all, school district was to see whether the that we say, use the scientific knowl- Texas. Governor Bush reached across money was spent on the right student. edge that we have on how to teach the aisle, working with a Democrat reading. Do not get into the fad busi- b 2030 majority in the House and the Demo- nesses that so many districts unfortu- crat majority in the Senate, and said They were not sent out to see wheth- nately fell into. we have to do something about improv- er the students were benefiting from Our charter school expansion, in my ing education for all children in this what is being spent. They were just estimation, probably the only hope for State. So they got about 4,000 waivers sent out to see, is the money going to many center city children is the char- from the Federal Government. They the right children? ter school program, again because the could commingle money. They could Obviously, it was going to the right parents are very much involved. The make programs work. They could de- children, but it was not helping those parents are demanding excellence from sign them the way they believed they children. So this is the battle we go their children, excellence from their will benefit their children. The result through every time, the philosophical schools, and the best teachers went is that their Black and Hispanic stu- battle of another Federal program, there. It may be their only hope of get- dents are achieving above the overall one-size-fits-all from Washington, D.C. ting a piece of the American dream. average of all of their students. Now, will solve these problems; another $1 As I mentioned, Head Start, how did that is giving you flexibility with ac- billion will solve these problems. It has it take us so long when every study countability, and accountability is the not worked. told us we were failing? How did it take big word. So we have now taken a different ap- us so long to really do something to Mr. SCHAFFER. Mr. Speaker, the proach. As I indicated, we have these make it an effective preschool pro- gentleman from Pennsylvania (Mr. seven key principles, but beyond those gram? GOODLING) has been on the front line in seven key principles, of course, is what Promulgating the new Federal tests, the negotiations and in the real fight is happening with the flexibility that is we were going to spend $100 hundred that has taken place here in Wash- going back. million. First of all, the Department of ington between the Republican-ori- Governors, local school boards, are so Education was going to design the ented solutions with respect to edu- far ahead of us on the Federal level tests. That would be the last group cation and the Democrat-oriented ap- when it comes to reforming schools. that I would want to design some tests. proaches to education that come out of They are on the front line all the time. But unless we know what the new high- the White House. This key philosophy They understand it. So that is why 50 er standards are, unless we prepared of flexibility is so important. There are Governors said, Hey, 12 States have the teacher to teach the new higher many of our colleagues and many peo- flexibility; how about all 50 States? standard, unless we then test the ple around the country who think When we get 50 Governors on our side teacher to say they are ready to teach these are just nebulous terms and some of the aisle say, hey, it is working, we the new higher standard, why would we kind of nebulous debate on the point of all want it, and obviously the Presi- spend $100 hundred million to design flexibility; but those of us who are in dent then had to agree. We sent him some national test to tell 50 percent of the well on a day-to-day basis fighting legislation and he signed it. the children one more time they are over the concept of flexibility see the The important thing is that as we not doing very well? real difference that takes place based brought the legislation then to the The Dollars to the Classroom Act, on who the leadership is down at the floor, every piece of legislation was again, that is where the money counts, White House. based on these seven key principles. So down where that teacher is, down So I am wondering if the gentleman when we did the Individuals with Dis- where that building principal is. The from Pennsylvania (Mr. GOODLING) abilities Education Act, we said, let us Vocational Technical Education Act, would perhaps take a little more time talk about the seven principles here again the whole thing was based on and maybe describe for our colleagues when we redesign that program, and we those seven principles. The Teacher what takes place at some of these did it. Empowerment Act, we say if they are

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00118 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22275 not getting the proper in-service pro- those who are monitoring tonight’s Individuals with Disabilities in Edu- gram, they could take a voucher and proceedings here on the floor, the Indi- cation Act, just as the law says, and it get their own in-service program. They viduals with Disabilities in Education does not matter whether we provide know where they can get the best in- Act was really initiated by the Su- the money. service program. preme Court under civil rights legisla- That is the real hardship, because The Students Results Act, again, all tion. what a principal has to do is steal we have to do out there in the State Congress took the ball from there, funds from other places in his or her and in the local district is show that but it was the Supreme Court that budget. They have to take money from all of the students improve academi- drove the legislation underlying the In- the pay raises for teachers. They have cally, and then they have the freedom dividuals with Disabilities in Edu- to take money from the staffing budg- to do what they believe is necessary to cation Act, thereby making it one of et, providing perhaps more teachers for bring that about. the few really legitimate roles that the classrooms. They might have to take We are moving in the right direction. Federal government plays in reaching the money from the transportation We have to keep moving in that direc- out to some of the neediest children budget, or maybe the technology budg- tion. We cannot stop now, or what we and trying to equalize the playing field et. will get back to again is, okay, if we so those children can have an oppor- Mr. GOODLING. The maintenance. just have a new 100 programs that will tunity to learn. Mr. SCHAFFER. Maybe fixing the do the job; if we just spend another $100 What Congress has done over the leaky roof is something that has to billion, that certainly will do the job. years is created this huge program wait a couple of years because the Vice Yet, we will repeat the same failures which has become a mandate on local President has not been willing to help over and over again because Wash- States. In other words, the Federal us in our effort to fully fund IDEA. ington does not have the answers. The government created the rules, and we That I think is probably the most local area has the answers. have told 50 States they must imple- graphic and dramatic statement of how So I thank the gentleman for taking ment this IDEA program the way the this philosophy of ours towards flexi- this hour this evening to again remind Federal government says they will. bility has very real implications on the American people what our ap- In exchange for that, the Federal every single classroom in America. proach is and why it is different, and government initially promised to pay That is precisely what we heard as we why it is taking hold and why it is 40 percent of the expenses associated have traveled around the country. working, and why the Governor was with implementing that mandate. The gentleman from Pennsylvania successful in Texas after we gave them Many people around the country really has helped today unveil his Crossroads the opportunity for the flexibility. rely and children with disabilities real- 2000 Report, called ‘‘Education at a So I appreciate the gentleman’s tak- ly rely on this program and this man- Crossroads.’’ This is really a report ing this opportunity to remind the date, and they are counting not only on that one of the gentleman’s sub- American people once again the direc- the program to be implemented accu- committees, the Subcommittee on tion we are trying to move this whole rately and effectively, but they are Oversight and Investigations, had put education issue in. also counting on the program to be together as a result of traveling all Mr. SCHAFFER. Mr. Speaker, I funded. across America visiting with education thank the gentleman for joining me So we have actually had to fight with professionals, students, parents, teach- here on the floor. the White House, Republicans had to ers, and all the rest. I want to go back to the top of the fight with the White House, to try to What they tell us more often than chart here in a moment, but there real- get us to a point where we are increas- not is this. They tell us, and we can ly is a remarkable difference between ing appropriations for the Individuals read it right in the report, and for our the two individuals who the American with Disabilities in Education Act. We colleagues, I would urge them to get people will watch later on tonight, and do not get a lot of help from AL GORE hold of the Committee on Education will choose among in deciding who our and President Clinton down there at and the Workforce for a copy of this re- next president will be in just a few the other end of Pennsylvania Avenue. port, or my office or the chairman’s of- weeks. Mr. GOODLING. As a matter of fact, fice, and we will make the report avail- The Texas example is almost miracu- Mr. Speaker, two budgets submitted by able to anyone who wants it. lous on how far students improved in the White House in a row had a de- But what we are told as we travel academic achievement in the State of crease in funding for special education, around the country is this: Do not cre- Texas under Governor Bush’s leader- 2 years in a row. ate new programs. In fact, do not spend ship versus what we have seen here in Mr. SCHAFFER. It just defies logic, a dime on creating more government, Washington for the last 8 years of a but again it points out my point that more Department of Education bu- White House where President Clinton these folks have had 8 years to try to reaucracy. Do the basics first: Fully and Vice President GORE have fully un- help, to try to help local schools. They fund the Individuals with Disabilities derstood, and they even wrote books have really blown the opportunity. in Education Act, and that frees up about the poor management in the De- Even when they have Republicans, and local schools to pay for the priorities partment and the reality that there we are conservatives and we like to that are truly important in various lo- was not enough flexibility, where we spend less when we can, but here is a cations, because the priorities in New are not getting enough dollars to the program where we believe we ought to York are not the same as they are in classroom. Yet, they have done noth- pay for what the government promised, Pennsylvania or as they are in Colo- ing. and we have no assistance from the rado or California. They vary from This is an administration that for 8 White House. AL GORE, Bill Clinton, State to State. years has squandered their opportunity had other things they wanted to spend Mr. GOODLING. New York City to help improve schools, and to look to money on, not children with disabil- would get an extra $190 million if we the real examples and the real bright ities in education. were fully funding the 40 percent, and spots around the country where Repub- It is important not only for those Los Angeles would get another $90 mil- lican Governors like George Bush have children, but it is important because lion. led the way in academic success and even when Congress does not fund the When we talk about class size reduc- achievement for students. program to the extent that it prom- tion, when we talk about school main- This Individuals with Disabilities in ised, the responsibility for carrying out tenance, think what they could do with Education Act is I think one of the the program still exists. that kind of money if they did not have most important things we can focus on Every principal of every school in to spend it on our mandate. here in Washington. Just by way of this country has to continue to unfold Mr. SCHAFFER. Perhaps we can talk background for our colleagues and and provide these services under the about that for a moment, because we

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00119 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.004 H11OC0 22276 CONGRESSIONAL RECORD—HOUSE October 11, 2000 have been to New York, to California, in New York City, 50 percent of your power of flexibility and choice by gov- and around the country. Even in a big teachers are not qualified? And I would ernors. city like Los Angeles, $90 million is not hold that up every time they would We wanted to expand that same kind pocket change. That is real money. talk, and remind them again, if we can- of liberty to all 50 States. We have re- Mr. GOODLING. Over 25 years, $90 not put a quality teacher in the class- ceived opposition from the White million a year for 25 years, that sounds room, we are not going to help the House from the moment we started like big money to me. child. talking about flexibility for all. Mr. SCHAFFER. We have heard Mr. SCHAFFER. I am wondering if Mr. Speaker, I am wondering if the through the course of the presidential the gentleman would also be able to gentleman might spend a little bit of campaign that Congress and that the tell us about his experiences with the time talking about that experience. Federal government should do some- vast numbers of education leaders we Mr. GOODLING. No question about. thing other than fully fund the Individ- have met with from throughout the The minority and the former majority uals with Disabilities in Education country who have testified before the and the President were very much op- Act. Committee on Education and the posed to flexibility. As I indicated, We have heard the Vice President Workforce, reiterated the kinds of when it became that successful for talk about his goals for trying to man- things we have heard in the Crossroads those who undertook that opportunity age local schools from here in Wash- Report that fully funding the Individ- or took advantage of that opportunity, ington. Our answer is very different. uals with Disabilities in Education Act the President then, of course, got all Ours says, let us fully fund the man- really represents the ultimate in flexi- sorts of heat from 50 governors, and dates that are there first. bility. We hear this routinely. I know then we were able to move that. What we also said from our side is Let us give Los Angeles, for example, the gentleman has, as well. the $90 million a year to spend on not that we even want to do that, but b 2045 whatever they want. If they want to fix we want to also give them the Student the roof, that would be their preroga- I am wondering if the gentleman Results Act so they have no trouble commingling money to make programs tive. If they want to buy new com- could share some of his experiences. work. When we have a thousand pro- puters, they could do that. California I might also point out, Mr. Speaker, grams, in this case, 700 and some pro- just had a class size reduction program as many of our colleagues know, the grams, the amount of money each pro- that the voters voted for. gentleman from Pennsylvania (Mr. gram gets is so small that we cannot It makes no sense for the Vice Presi- GOODLING) prior to coming to Congress do anything worthwhile with it, but if dent, in the case of California, to now was a school superintendent and one we try to commingle any of it, as I said say, no, I am going to invent a new who understands full well how fully earlier, we are in trouble with the audi- program for class size reduction, and funding Federal mandates frees up tors. the fact that you have already accom- local leaders to focus on the real prior- ities, which is ultimately helping kids So we say in the Straight As, we can plished this goal is irrelevant. We are commingle those dollars, all you have far better than anybody here in Wash- going to give you more money to do to do is prove to us that you can make ington can do. things you do not need. sure every child improves academi- Mr. GOODLING. Mr. Speaker, in Mr. GOODLING. Mr. Speaker, in that cally. area, of course, last year when I was IDEA, as we indicated, for instance, Now, I have been told by some negotiating this 100,000 teacher busi- they were promised 40 percent of the States, well, we have enough flexi- ness, at the end of the year I made it average expenditure for students all bility. We know what they are saying. very, very clear, the gentleman men- over this country. Now, 2 years ago, They are basically saying we are just tioned that the administration, the that average expenditure per pupil was happy to take your money. You do not President and the Vice President have about $6300. If they were getting their ask us for anything in return. We just had a great opportunity in the 8 years. 40 percent, we can see they would be take your money, and we do the same I pleaded with the President, and I getting $2500, $2600 for each child. In- thing over and over again. said, he can talk about class size reduc- stead, when we started, they were get- We do not have a new idea or a cre- tion, but if he does not have a quality ting about $400. We are now up to about ative idea in our heads, so we will just teacher to put in that new classroom, I $600 or $700. We will get to about $800. go on taking the money from the tax- will guarantee it does not matter That is a long way from that $2600 that payers, from the Federal Government, whether the teacher-to-pupil ratio is 12 we promised. because we do not require quality. We to 1, 20 to 1, 30 to 1, it is not going to If they have that extra money, as I do not require anything. make a difference. indicated before, they then can take It is catching on, because as I said, Of course, what was the first 33 per- care of pupil-teacher ratios. Again, this Texas is a great success story. Mary- cent we allowed him to have? More is why we negotiated for 100,000 teach- land has done well. So my hope is that than 30 percent of those had no quali- ers. If we need money to improve the as I retire, we do not forget what the fications whatsoever. teachers that we presently have, use it gentleman said what he hears in his Mr. SCHAFFER. It comes right back for that purpose. That is very, very im- sleep every night, quality not quantity, to the rallying cry that the gentleman portant. We need to make sure they results not process. has espoused over and over again, focus have the best quality programs they Let us get them to stop spending on quality, not quantity. We see that can have to become better teachers, hours and hours and hours of paper- not only with this effort toward hiring and that is so important. work. In IDEA alone, we use teacher more employees in schools, but we hear Mr. SCHAFFER. The White House after teacher after teacher in IDEA, be- it when it comes to even school con- has also fought us on this notion of ex- cause they spend so much time on pa- struction, that it is just that the White panding Ed-Flex to all of the 50 States. perwork that they cannot do what they House is intent on just spending the There were 12 States that piloted this are trained to do, which is to teach money, and really has no plans to focus flexibility act where some achieved children, which is what they want to on the quality. They never have. In the great things. do. 8 years they have held the White The State of Texas as we mentioned Mr. SCHAFFER. That is the real House, their own reports verify they as raised dramatically achievement for hardship, I might add, that we see with have never ever focused on quality. minority students, for black students all of these Federal programs is the pa- Mr. GOODLING. When we were doing and Hispanic students. In fact, the rate perwork, the red tape, the rules that go that negotiating last year, it was a per- of improvement for school children in along with what amounts to pretty fect time. The New York News news- those categories was far higher than small amount of funds. paper had total front page coverage anywhere else around the country. And The gentleman is right that with so which said, Parents, do you recognize that is dramatic testimony to the many Federal programs, we spend a lot

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00120 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22277 of money in Washington, about $40 bil- Departments of Education, they make being a governor. He has worked in lion a year just on the program costs careers out of this paperwork and these partnership, not always Republicans; for the U.S. Department of Education, rules. Somebody reads all of this stuff. this has not been solely a Republican and that is not even mentioning the Somebody actually opens up the mail success, although, it is a Republican other $80 billion that is managed when the superintendent fills out the philosophy. He has had to work with through student loans by the U.S. De- paperwork and sends it to Washington. Democrats here in Congress as well, partment. There is a person here in Washington Democrats of the Texas delegation, We just need to focus on the $40 bil- whose job it is to open up all of these Democrats in the Texas State House lion that we budgeted and allocated to- forms and compile them and collate and the State Senate. wards education, each dollar is sent them and make reports on them. He understands working across the out from Washington to various States When we start talking about getting aisle, and that is a real sign of leader- and school districts with all kinds of rid of the rules and regulations, con- ship when somebody can, as Governor requirements attached to it, much of solidating programs and increasing Bush has done, raise the priority of which has nothing to do with the qual- flexibility, our goal is to help children. children over and above everything ity of education. Some governors Unfortunately, some people in Wash- else, over and above the bureaucracy, frankly do not understand that. ington feel threatened by our objective over and above the politics and state as This is an easy process for some of to help kids. a public goal, the number 1 objective them. As the gentleman said, they just There is a huge bureaucratic empire for education is to raise the achieve- get the money from Washington, and that is sustained through all of the mo- ment of all children. We are going to they turn around and spend it, and it notony, and that is the objective of the start with the ones who are suffering appears to their constituents that they Vice President and President. They the most. are accomplishing something with have worked tirelessly to preserve this We have seen the Governor of Texas nothing. large bureaucracy to preserve all of accomplish that in his State. It has Again, where the real hardship is re- these rules, to preserve these regula- just been remarkable how that kind of alized is at the street level, at the tions, and make decisions here in leadership has brought all of us to- schoolroom level, the classroom level, Washington D.C. gether toward that goal. What I am where these principals, administrators, Our message, our Republican mes- afraid of is that many Americans may secretaries, teachers have to deal with sage, is very different, one that the not realize the conflict in vision be- these monotonous rules and these mo- Governor of Texas tonight and every tween these two men running for Presi- notonous regulations. time he speaks articulates for us so dent of the United States. Only about 6 percent to 7 percent, well; that is, we should not be trusting We have the Bush model from the maybe sometimes 8 percent of a class- of the bureaucrats in Washington. We perspective of a governor that we sup- room budget is Federal funds. The rest should be trusting of the teachers who port that says children should be the comes from your State or it comes actually know the name of the chil- number 1 objective of our education re- from local property taxes. So a tiny dren. form efforts; that is in stark contrast portion is all we are talking about We should be trusting of the prin- to the 8-year record of the Vice Presi- when we are talking the amount of dol- cipals who knows the name of the dent, which has been to preserve bu- lars that goes into a classroom. teachers. We should be trusting of the reaucracy, to preserve waste, fraud, The tragedy is for the 6 percent, 7 superintendents who can name all of abuse and mismanagement, to write percent or 8 percent of Federal funds the principals and many of the players books on how bad it is, and spend 8 that makes it into a classroom, prob- in a school district. We should also be years doing nothing about it. That is a ably 50 percent to 60 percent of the pa- trusting the school board members who huge conflict in vision and an impor- perwork requirements are attached to make the policy decisions who are tant choice that I think we all need to that small amount of Federal dollars. elected by local communities, by our think about very seriously. That is what we want to eliminate. friends and our neighbors. We want to allow flexibility so that The farther away we get from the After this election, the gentleman we can actually increase the power of classroom in terms of decision-making, and I and all of our colleagues here in the money that is already spent. We do accountability, the poorer the deci- Washington are going to have to deal not need to really spend more, if we sions are made, and the greater the op- with the attitude of the White House. just spend it more wisely. We can be portunity for mismanagement. My Mr. Speaker, I am hoping the Bush more effective. goodness, the President and the Presi- attitude of putting children first is Mr. GOODLING. When we were nego- dent’s own agencies have documented something that we all will be cele- tiating the 100,000 teachers last year, this repeatedly, they have written brating and rallying around. I know the first thing the administration said books on the matter of waste, fraud many people around the country will is we have to take about 10 percent off and abuse in their own agency, which learn more about that tonight. the top, I think they wanted 15 percent, are replete with examples and there are I am fearful that not enough share to keep on the Federal level. I said, real opportunities to fix these problems our enthusiasm for putting children wait a minute, you are not hiring the and get the money to the classroom. ahead of bureaucracy and may be per- teachers. The local school board is hir- After 8 years, the Vice President has suaded by this simple, unimaginable ing the teachers. Then they called back done nothing. He has not lifted a finger message that we hear coming out of and said we certainly need 10 percent to help us in our efforts to streamline the White House and from the Vice for the States off the top. this bureaucracy and get the money, President that just says spend more, I said, wait a minute. The State is get the flexibility, get the decision- spend more, spend more. There is noth- not hiring the teachers. The local making to the people who deserve it. ing else to say, just spend more. school districts are hiring the teachers; Mr. GOODLING. I am reminded each Mr. GOODLING. Again, there is no that is where the money should go. Of time that we were negotiating that question that we are moving in the course, we won that argument because both the President and the Secretaries right direction as a new majority, be- it makes sense. were governors. Think in terms of cause we are putting children first. Ev- Mr. SCHAFFER. That is the edu- being a governor, rather than being a erybody should be thinking about put- cational empire which the gentleman Washington bureaucrat, and you will ting children first. They are our future. just described, which is so hard to un- be offering far better solutions to prob- The tragedy is that 50 percent of our derstand. There is such momentum, lems, than being a bureaucrat in Wash- children today are not going to be and all of these people that are em- ington, D.C. ready to get a piece of the American ployed, and not only at the U.S. De- Mr. SCHAFFER. Of course, Governor dream in the 21st Century, the high- partment of Education, but the State Bush understands the perspective of tech century. What a tragedy.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00121 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.004 H11OC0 22278 CONGRESSIONAL RECORD—HOUSE October 11, 2000 We are going to vote again to bring ership. Now, that kind of leadership is Businesses that best satisfy consumer de- another 200,000 people from other coun- something that we can have for the mand will be the most successful. Consumer tries to do our high-tech jobs, our whole country. sovereignty is the means by which the free $40,000, $50,000, $60,000 a year jobs be- Mr. GOODLING. Mr. Speaker, the market maximizes human happiness. cause we do not have our own ready to Governor Bush model, of course, is the Currently, consumers are less than sov- take those jobs. model I have tried to follow for 26 ereign in the education ‘‘market.’’ Funding de- We cannot survive as a great society years, and that is to put people before cisions are increasingly controlled by the fed- if we continue to do that. We must politics but put children before poli- eral government. Because ‘‘he who pays the tackle the problem. tics. That is what he has done in Texas. piper calls the tune,’’ public, and even private Mr. SCHAFFER. The contrast again That is why we have seen the kind of schools, are paying greater attention to the could not be clearer. The Texas record improvement that we see in Texas. dictates of federal ‘‘educrats’’ while ignoring is one of improving test scores. This is Those children most in need in Texas the wishes of the parents to an ever-greater a graph of the Texas 4th graders when are receiving the benefits that all of degree. As such, the lack of consumer sov- it comes to reading skills. Back in 1994, these programs that were created in ereignty in education is destroying parental when Governor Bush took over the gov- Washington wanted to see happen, but control of education and replacing it with state ernorship in Texas, only 75 percent of it did not happen. It has happened with control. Restoring parental control is the key to Texas 4th graders could read at grade his leadership and leading a Democrat improving education. level, and that has increased to almost House and a Democrat Senate. Of course, I applaud all efforts which move 90 percent in 1999. Mr. SCHAFFER. Mr. Speaker, I am in the right direction such as the Education That is a remarkable improvement. grateful for the opportunity to be rec- Savings Accounts legislation (H.R. 7). Presi- This is a huge contrast to what has ognized tonight. dent Clinton’s college tax credits are also been created by the Clinton-Gore ad- Mr. PAUL. Mr. Speaker, I thank the gen- good first steps in the right direction. However, ministration. If we take, for example, tleman from Michigan and the gentleman from Congress must act boldly—we can ill afford to the third international math study, Colorado for allowing me the opportunity to waste another year without a revolutionary math-science study comparison, which express my thoughts on the education reform change in our policy. I believe my bill sparks ranked American students Nationwide debate that is sure to consume much of our this revolution and I am disappointed that the against their peers with 21 other indus- time in the remaining days of the 106th Con- leadership of this Congress chose to ignore trial countries, we come in 19th. gress. For all the sound and fury generated by this fundamental reform and instead focused This is something we have known the argument over education, the truth is that on reauthorizing great society programs and about for 8 years that the Clinton and the differences between the congressional promoting the pseudo-federalism of block Gore regime have occupied the White leadership and the administration are not sig- grants. House, and our test scores have not im- nificant; both wish to strengthen the unconsti- One area where this Congress has so far proved. They have gotten worse. So I tutional system of centralized education. I trust been successful in fighting for a constitutional guess the question that Americans I need not go into the flaws with President education policy was in resisting President need to decide in the next few days is Clinton’s command-and-control approach to Clinton’s drive for national testing. I do wish to whether we want to see the Texas style education. However, this Congress has failed express my support for the provisions banning rates of improvement of dramatic in- to present a true, constitutional alternative to the development of national testing contained creases in academic performance or President Clinton’s proposal to further nation- in the Education Appropriations bill, and thank whether we want to see the Clinton- alize education. Mr. GOODLING for his leadership in this strug- Gore kinds of trends, which is declining It is becoming increasingly clear that the ex- gle. performance when compared to inter- periment in centralized control of education Certain of my colleagues champion pro- national peers in the case of math and has failed, and that the best means of improv- posals to relieve schools of certain mandates science. ing education is to put parents back in charge. so long as states and localities agree to be According to a recent Manhattan Institute held ‘‘accountable’’ to the federal government b 2100 study of the effects of state policies promoting for the quality of their schools. I have sup- I love Colorado. It is a great State. parental control over education, a minimal in- ported certain of these proposals because But nobody from Colorado is running crease in parental control boosts students’ av- they do provide states and localities the option for President of the United States. Of erage SAT verbal score by 21 points and stu- of escaping certain federal mandates. the two models, the bad Washington, dents’ SAT math score by 22 points! The However, there are a number of both prac- D.C. model versus the good Texas Manhattan Institute study also found that in- tical and philosophical concerns regarding model, I will choose the Texas model creasing parental control of education is the these proposals. The primary objection to this every time. I prefer that for my kids. I best way to improve student performance on approach, from a constitutional viewpoint, is know most of my friends and neighbor- the National Assessment of Education embedded in the very mantra of ‘‘account- hoods around my district would far Progress (NAEP) tests. Clearly, the drafters of ability’’ stressed by the plans’ proponents. Talk prefer to see improving test scores for the Constitution knew what they were doing of accountability begs the question: account- their children, not declining test when they forbade the Federal Government able to whom? Under these type of plans, course. All of this is critically impor- from meddling in education. schools remain accountable to federal bureau- tant to maintaining strength and sol- American children deserve nothing less than crats and those who develop the state tests vency of our Republic. the best educational opportunities, not upon which a schools’ performance is judged. It is going to be an interesting warmed-over versions of the disastrous edu- Should the schools not live up to their bureau- evening tonight as that debate gets cational policies of the past. That is why I in- cratically-determined ‘‘performance goals,’’ under way in just a minute. I am really troduced H.R. 935, the Family Education Free- they will lose their limited freedom from federal hopeful that Americans will remember dom Act. This bill would give parents an infla- mandates. So federal and state bureaucrats the difference in opportunity, the op- tion-adjusted $3,000 per annum tax credit, per will determine if the schools are to be allowed portunity that the White House has child for educational expenses. The credit ap- to participate in these programs and bureau- had, that AL GORE has had as Vice plies to those in public, private, parochial, or crats will judge whether the states are living President of the United States, which home schooling. up to the standards set in the state’s edu- he has squandered, he has done nothing This bill creates the largest tax credit for K– cation plan—yet this is supposed to about some of the problems that he has 12 education in the history of our great Re- debureaucratize and decentralize education! known to exist through the Depart- public and it returns the fundamental principle Even absent the ‘‘accountability’’ provisions ment of Education, versus dramatic of a truly free economy to America’s education spending billions of taxpayer dollars on block improvements that real leadership in system: what the great economist Ludwig von grants is a poor way of restoring control over Texas have achieved for real children Mises called ‘‘consumer sovereignty.’’ Con- education to local educators and parents. with real parents in real communities sumer sovereignty simply means consumers Some members claim that the expenditure lev- in a State that has enjoyed great lead- decide who succeeds or fails in the market. els for not matter, it is the way the money is

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00122 Fmt 0688 Sfmt 9920 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22279 spent which is important. Contrary to the view personnel overseas, to authorize appro- REPORT ON RESOLUTION PRO- of the well-meaning but misguided members priations for the Department of State VIDING FOR CONSIDERATION OF who promote block grants, the amount of tax- for fiscal year 2000, and for other pur- A MOTION TO CONCUR IN THE payer dollars spent on federal education does poses, which was referred to the House SENATE AMENDMENT WITH AN matter. Calendar and ordered to be printed. AMENDMENT TO H.R. 4386, First of all, the federal government lacks BREAST AND CERVICAL CANCER constitutional authority to redistribute monies f PREVENTION AND TREATMENT between states and taxpayers for the purpose ACT OF 2000 of education, regardless of whether the mon- REPORT ON RESOLUTION PRO- Mr. DREIER, from the Committee on ies are redistributed through federal programs VIDING FOR CONSIDERATION OF Rules, submitted a privileged report or through grants. There is no ‘‘block grant ex- H.RES. 596, AFFIRMATION OF THE (Rept. No. 106–975) on the resolution (H. ception’’ to the principles of federalism em- UNITED STATES RECORD ON AR- Res. 628) providing for consideration of bodied in the U.S. Constitution. MENIAN GENOCIDE the Senate amendment to the bill (H.R. Furthermore, the federal government’s 4386) to amend title XIX of the Social power to treat state governments as their ad- Mr. DREIER, from the Committee on Security Act to provide medical assist- ministrative subordinates stems from an abuse Rules, submitted a privileged report ance for certain women screened and of Congress’ taxing-and-spending power. Sub- (Rept. No. 106–972) on the resolution (H. found to have breast or cervical cancer mitting to federal control is the only way state Res. 625) providing for consideration of under a federally funded screen pro- and local officials can recapture any part of the resolution (H.Res. 596) calling upon gram, to amend the Public Health the monies of the federal government has ille- the President to ensure that the for- Service Act and the federal Food, Drug, gitimately taken from a state’s citizens. Of eign policy of the United States re- and Cosmetic Act with respect to sur- course, this is also the only way state officials flects appropriate understanding and veillance and information concerning can tax citizens of other states to support their sensitivity concerning issues related to the relationship between cervical can- education programs. It is the rare official who human rights, ethnic cleansing, and cer and the human papillomavirus can afford not to bow to federal dictates in ex- genocide documented in the United (HPV), and for other purposes, which change for federal funding! States record relating to the Armenian was referred to the House Calendar and As long as the federal government controls Genocide, and for other purposes, ordered to be printed. education dollars, states and local schools will which was referred to the House Cal- f obey Federal mandates; the core program is endar and ordered to be printed. not that federal monies are given with the in- LEAVE OF ABSENCE evitable strings attached, the real problem is f By unanimous consent, leave of ab- the existence of federal taxation and funding. sence was granted to: Since federal spending is the root of federal REPORT ON RESOLUTION Mr. PASTOR (at the request of Mr. control, by increasing federal spending this GEPHARDT) for today after 4:00 p.m. on Congress is laying the groundwork for future account of official business. Congresses to fasten more and more man- WAIVING POINTS OF ORDER dates on the states. Because state and even AGAINST CONFERENCE REPORT f ON H.R. 4392, INTELLIGENCE AU- local officials, not federal bureaucrats, will be SPECIAL ORDERS GRANTED carrying out these mandates, this system THORIZATION ACT FOR FISCAL could complete the transformation of the state YEAR 2001 By unanimous consent, permission to address the House, following the legis- governments into mere agents of the federal Mr. DREIER, from the Committee on government. lative program and any special orders Rules, submitted a privileged report heretofore entered, was granted to: While it is true that lower levels of interven- (Rept. No. 106–973) on the resolution (H. tion are not as bad as micro-management at (The following Members (at the re- Res. 626) waiving points of order the federal level, Congress’ constitutional and quest of Mr. DAVIS of Illinois) to revise against the conference report to ac- moral responsibility is not to make the federal and extend their remarks and include company the bill (H.R. 4392) to author- education bureaucracy ‘‘less bad.’’ Rather, we extraneous material:) ize appropriations for fiscal year 2001 must act now to put parents back in charge of Mrs. CAPPS, for 5 minutes, today. for intelligence and intelligence-re- education and thus make American education Mrs. MINK of Hawaii, for 5 minutes, lated activities of the United States once again the envy of the world. today. Government, the Community Manage- Hopefully the next Congress will be more Mr. FALEOMAVAEGA, for 5 minutes, ment Account, and the Central Intel- reverent toward their duty to the U.S. Constitu- today. ligence Agency Retirement and Dis- tion and America’s children. The price of Mr. HOLT, for 5 minutes, today. ability System, and for other purposes, Congress’s failure to return to the Constitution Mr. NADLER, for 5 minutes, today. in the area of education will be paid by the which was referred to the House Cal- Mr. DAVIS of Illinois, for 5 minutes, next generation of American children. In short, endar and ordered to be printed. today. we cannot afford to continue on the policy Ms. STABENOW, for 5 minutes, today. read we have been going down. The cost of f Mr. MCGOVERN, for 5 minutes, today. inaction to our future generations is simply too Mrs. MALONEY of New York, for 5 great. REPORT ON RESOLUTION PRO- minutes, today. VIDING FOR CONSIDERATION OF Mr. PALLONE, for 5 minutes, today. f H.J.RES. 111, MAKING FURTHER (The following Members (at the re- REPORT ON RESOLUTION CONTINUING APPROPRIATIONS quest of Mr. GUTKNECHT) to revise and FOR FISCAL YEAR 2001 extend their remarks and include ex- WAIVING POINTS OF ORDER traneous material:) AGAINST CONFERENCE REPORT Mr. DREIER, from the Committee on Mr. METCALF, for 5 minutes, today ON H.R. 2415, AMERICAN EM- Rules, submitted a privileged report and October 12 and 13. BASSY SECURITY ACT (Rept. No. 106–974) on the resolution (H. Mr. NETHERCUTT, for 5 minutes, Mr. DREIER, from the Committee on Res. 627) providing for consideration of today. Rules, submitted a privileged report the joint resolution (H.J. Res. 111) Mr. BILIRAKIS, for 5 minutes, today (Rept. No. 106–971) on the resolution (H. making further continuing appropria- and October 12. Res. 624) waiving points of order tions for the fiscal year 2001, and for Mr. TANCREDO, for 5 minutes, today. against the conference report to ac- other purposes, which was referred to Mr. HORN, for 5 minutes, today and company the bill (H.R. 2415) to enhance the House Calendar and ordered to be October 12 and 13. security of United States missions and printed. Mr. WAMP, for 5 minutes, today.

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Mr. PAUL, for 5 minutes, today. TITLE III—GENERAL PROVISIONS Sec. 607. Coordination requirements relating to Mr. PORTER, for 5 minutes, today and Subtitle A—Intelligence Community the prosecution of cases involving October 12. Sec. 301. Increase in employee compensation classified information. Sec. 608. Severability. Mr. PETERSON of Pennsylvania, for 5 and benefits authorized by law. minutes, today and October 12. Sec. 302. Restriction on conduct of intelligence TITLE VII—DECLASSIFICATION OF INFORMATION Mr. GUTKNECHT, for 5 minutes, today. activities. Sec. 303. Sense of the Congress on intelligence Mr. BILBRAY, for 5 minutes, today. Sec. 701. Short title. community contracting. Sec. 702. Findings. f Sec. 304. Prohibition on unauthorized disclo- Sec. 703. Public Interest Declassification Board. sure of classified information. Sec. 704. Identification, collection, and review SENATE BILLS REFERRED Sec. 305. Authorization for travel on any com- for declassification of information mon carrier for certain intel- Bills of the Senate of the following of archival value or extraordinary ligence collection personnel. titles were taken from the Speaker’s public interest. Sec. 306. Update of report on effects of foreign table and, under the rule, referred as Sec. 705. Protection of national security infor- espionage on United States trade follows: mation and other information. secrets. S. 2417. An act to amend the Federal Water Sec. 307. POW/MIA analytic capability within Sec. 706. Standards and procedures. Pollution Control Act to increase funding for the intelligence community. Sec. 707. Judicial review. State nonpoint source pollution control pro- Sec. 308. Applicability to lawful United States Sec. 708. Funding. grams, and for other purposes; to the Com- intelligence activities of Federal Sec. 709. Definitions. mittee on Transportation and Infrastruc- laws implementing international Sec. 710. Sunset. ture. treaties and agreements. TITLE VIII—DISCLOSURE OF INFORMA- S. 2528. An act to provide funds for the pur- Sec. 309. Limitation on handling, retention, TION ON JAPANESE IMPERIAL GOVERN- chase of automatic external defibrillators and storage of certain classified MENT and the training of individuals in advanced materials by the Department of Sec. 801. Short title. cardiac life support; to the Committee on State. Sec. 802. Designation. Commerce. Sec. 310. Designation of Daniel Patrick Moy- Sec. 803. Requirement of disclosure of records. f nihan Place. Sec. 804. Expedited processing of requests for Sec. 311. National Security Agency voluntary CONFERENCE REPORT ON H.R. 4392, Japanese Imperial Government separation. records. INTELLIGENCE AUTHORIZATION Subtitle B—Diplomatic Telecommunications Sec. 805. Effective date. ACT FOR FISCAL YEAR 2001 Service Program Office (DTS-PO) TITLE I—INTELLIGENCE ACTIVITIES Sec. 321. Reorganization of Diplomatic Tele- Mr. GOSS submitted the following SEC. 101. AUTHORIZATION OF APPROPRIATIONS. conference report and statement on the communications Service Program Office. Funds are hereby authorized to be appro- bill (H.R. 4392) to authorize appropria- Sec. 322. Personnel. priated for fiscal year 2001 for the conduct of tions for fiscal year 2001 for intel- Sec. 323. Diplomatic Telecommunications Serv- the intelligence and intelligence-related activi- ligence and intelligence-related activi- ice Oversight Board. ties of the following elements of the United ties of the United States Government, Sec. 324. General provisions. States Government: the Community Management Account, TITLE IV—CENTRAL INTELLIGENCE (1) The Central Intelligence Agency. and the Central Intelligence Agency AGENCY (2) The Department of Defense. (3) The Defense Intelligence Agency. Sec. 401. Modifications to Central Intelligence Retirement and Disability System, and (4) The National Security Agency. Agency’s central services pro- for other purposes: (5) The Department of the Army, the Depart- gram. CONFERENCE REPORT (H. REPT. 106–969) Sec. 402. Technical corrections. ment of the Navy, and the Department of the The committee of conference on the dis- Sec. 403. Expansion of Inspector General ac- Air Force. agreeing votes of the two Houses on the tions requiring a report to Con- (6) The Department of State. amendment of the Senate to the bill (H.R. gress. (7) The Department of the Treasury. 4392), to authorize appropriations for fiscal Sec. 404. Detail of employees to the National (8) The Department of Energy. year 2001 for intelligence and intelligence-re- Reconnaissance Office. (9) The Federal Bureau of Investigation. lated activities of the United States Govern- Sec. 405. Transfers of funds to other agencies (10) The National Reconnaissance Office. ment, the community Management Account for acquisition of land. (11) The National Imagery and Mapping and the Central Intelligence Agency Retire- Sec. 406. Eligibility of additional employees for Agency. ment and disability System, and for other reimbursement for professional li- SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- purposes having met, after full and free con- ability insurance. TIONS. ference, have agreed to recommend and do TITLE V—DEPARTMENT OF DEFENSE (a) SPECIFICATIONS OF AMOUNTS AND PER- recommend to their respective Houses as fol- INTELLIGENCE ACTIVITIES SONNEL CEILINGS.—The amounts authorized to lows: Sec. 501. Contracting authority for the National be appropriated under section 101, and the au- That the House recede from its disagree- Reconnaissance Office. thorized personnel ceilings as of September 30, ment to the amendment of the Senate and Sec. 502. Role of Director of Central Intelligence 2001, for the conduct of the intelligence and in- agree to the same with an amendment as fol- in experimental personnel pro- telligence-related activities of the elements listed lows: gram for certain scientific and in such section, are those specified in the classi- In lieu of the matter proposed to be in- technical personnel. fied Schedule of Authorizations prepared to ac- serted by the Senate amendment, insert the Sec. 503. Measurement and signature intel- company the conference report on the bill H.R. following: ligence. 4392 of the One Hundred Sixth Congress. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. TITLE VI—COUNTERINTELLIGENCE (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF (a) SHORT TITLE.—This Act may be cited as MATTERS AUTHORIZATIONS.—The Schedule of Authoriza- the ‘‘Intelligence Authorization Act for Fiscal tions shall be made available to the Committees Sec. 601. Short title. on Appropriations of the Senate and House of Year 2001’’. Sec. 602. Orders for electronic surveillance Representatives and to the President. The Presi- (b) TABLE OF CONTENTS.—The table of con- under the Foreign Intelligence dent shall provide for suitable distribution of tents of this Act is as follows: Surveillance Act of 1978. the Schedule, or of appropriate portions of the Sec. 1. Short title; table of contents. Sec. 603. Orders for physical searches under the Schedule, within the executive branch. TITLE I—INTELLIGENCE ACTIVITIES Foreign Intelligence Surveillance SEC. 103. PERSONNEL CEILING ADJUSTMENTS. Sec. 101. Authorization of appropriations. Act of 1978. Sec. 604. Disclosure of information acquired (a) AUTHORITY FOR ADJUSTMENTS.—With the Sec. 102. Classified schedule of authorizations. under the Foreign Intelligence approval of the Director of the Office of Man- Sec. 103. Personnel ceiling adjustments. agement and Budget, the Director of Central In- Sec. 104. Community management account. Surveillance Act of 1978 for law telligence may authorize employment of civilian Sec. 105. Transfer authority of the Director of enforcement purposes. Sec. 605. Coordination of counterintelligence personnel in excess of the number authorized for Central Intelligence. with the Federal Bureau of Inves- fiscal year 2001 under section 102 when the Di- TITLE II—CENTRAL INTELLIGENCE AGEN- tigation. rector of Central Intelligence determines that CY RETIREMENT AND DISABILITY SYS- Sec. 606. Enhancing protection of national se- such action is necessary to the performance of TEM curity at the Department of Jus- important intelligence functions, except that the Sec. 201. Authorization of appropriations. tice. number of personnel employed in excess of the

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number authorized under such section may not, (4) AUTHORITY.—Notwithstanding any other SEC. 304. PROHIBITION ON UNAUTHORIZED DIS- for any element of the intelligence community, provision of law, the Attorney General shall re- CLOSURE OF CLASSIFIED INFORMA- exceed 2 percent of the number of civilian per- tain full authority over the operations of the TION. sonnel authorized under such section for such National Drug Intelligence Center. (a) IN GENERAL.—Chapter 37 of title 18, United States Code, is amended— element. SEC. 105. TRANSFER AUTHORITY OF THE DIREC- (b) NOTICE TO INTELLIGENCE COMMITTEES.— TOR OF CENTRAL INTELLIGENCE. (1) by redesignating section 798A as section The Director of Central Intelligence shall (a) LIMITATION ON DELEGATION OF AUTHORITY 798B; and (2) by inserting after section 798 the following promptly notify the Permanent Select Committee OF DEPARTMENTS TO OBJECT TO TRANSFERS.— on Intelligence of the House of Representatives Section 104(d)(2) of the National Security Act of new section 798A: and the Select Committee on Intelligence of the 1947 (50 U.S.C. 403–4(d)(2)) is amended— ‘‘§ 798A. Unauthorized disclosure of classified Senate whenever the Director exercises the au- (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; information thority granted by this section. (2) by redesignating subparagraphs (A), (B), ‘‘(a) PROHIBITION.—Whoever, being an officer SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. (C), (D), and (E) as clauses (i), (ii), (iii), (iv), or employee of the United States, a former or re- (a) AUTHORIZATION OF APPROPRIATIONS.— and (v), respectively; tired officer or employee of the United States, There is authorized to be appropriated for the (3) in clause (v), as so redesignated, by strik- any other person with authorized access to clas- Community Management Account of the Direc- ing ‘‘the Secretary or head’’ and inserting ‘‘sub- sified information, or any other person formerly tor of Central Intelligence for fiscal year 2001 ject to subparagraph (B), the Secretary or with authorized access to classified information, the sum of $163,231,000. Within such amount, head’’; and knowingly and willfully discloses, or attempts to funds identified in the classified Schedule of (4) by adding at the end the following new disclose, any classified information acquired as Authorizations referred to in section 102(a) for subparagraph: a result of such person’s authorized access to the Advanced Research and Development Com- ‘‘(B)(i) Except as provided in clause (ii), the classified information to a person (other than mittee shall remain available until September 30, authority to object to a transfer under subpara- an officer or employee of the United States) who 2002. graph (A)(v) may not be delegated by the Sec- is not authorized access to such classified infor- (b) AUTHORIZED PERSONNEL LEVELS.—The ele- retary or head of the department involved. mation, knowing that the person is not author- ments within the Community Management Ac- ‘‘(ii) With respect to the Department of De- ized access to such classified information, shall count of the Director of Central Intelligence are fense, the authority to object to such a transfer be fined under this title, imprisoned not more authorized 313 full-time personnel as of Sep- may be delegated by the Secretary of Defense, than 3 years, or both. tember 30, 2001. Personnel serving in such ele- but only to the Deputy Secretary of Defense. ‘‘(b) CONSTRUCTION OF PROHIBITION.—Noth- ments may be permanent employees of the Com- ‘‘(iii) An objection to a transfer under sub- ing in this section shall be construed to establish munity Management Account or personnel de- paragraph (A)(v) shall have no effect unless criminal liability for disclosure of classified in- tailed from other elements of the United States submitted to the Director of Central Intelligence formation in accordance with applicable law to Government. in writing.’’. the following: (c) CLASSIFIED AUTHORIZATIONS.— (b) LIMITATION ON DELEGATION OF DUTIES OF ‘‘(1) Any justice or judge of a court of the (1) AUTHORIZATION OF APPROPRIATIONS.—In DIRECTOR OF CENTRAL INTELLIGENCE.—Section United States established pursuant to article III addition to amounts authorized to be appro- 104(d)(1) of such Act (50 U.S.C. 403–4(d)(1)) is of the Constitution of the United States. priated for the Community Management Ac- amended— ‘‘(2) The Senate or House of Representatives, count by subsection (a), there are also author- (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and or any committee or subcommittee thereof, or ized to be appropriated for the Community Man- (2) by adding at the end the following new joint committee thereof, or any Member of Con- agement Account for fiscal year 2001 such addi- subparagraph: gress. tional amounts as are specified in the classified ‘‘(B) The Director may only delegate any duty ‘‘(3) A person or persons acting on behalf of a Schedule of Authorizations referred to in section or authority given the Director under this sub- foreign power (including an international orga- 102(a). Such additional amounts shall remain section to the Deputy Director of Central Intel- nization) if the disclosure— available until September 30, 2002. ligence for Community Management.’’. ‘‘(A) is made by an officer or employee of the (2) AUTHORIZATION OF PERSONNEL.—In addi- United States who has been authorized to make tion to the personnel authorized by subsection TITLE II—CENTRAL INTELLIGENCE AGEN- the disclosure; and (b) for elements of the Community Management CY RETIREMENT AND DISABILITY SYS- ‘‘(B) is within the scope of such officer’s or Account as of September 30, 2001, there are here- TEM employee’s duties. by authorized such additional personnel for SEC. 201. AUTHORIZATION OF APPROPRIATIONS. ‘‘(4) Any other person authorized to receive such elements as of that date as are specified in There is authorized to be appropriated for the the classified information. the classified Schedule of Authorizations. Central Intelligence Agency Retirement and Dis- ‘‘(c) DEFINITIONS.—In this section: (d) REIMBURSEMENT.—Except as provided in ability Fund for fiscal year 2001 the sum of ‘‘(1) The term ‘authorized’, in the case of ac- section 113 of the National Security Act of 1947 $216,000,000. cess to classified information, means having au- (50 U.S.C. 404h), during fiscal year 2001, any of- TITLE III—GENERAL PROVISIONS thority or permission to have access to the clas- ficer or employee of the United States or a mem- Subtitle A—Intelligence Community sified information pursuant to the provisions of ber of the Armed Forces who is detailed to the a statute, Executive order, regulation, or direc- staff of the Community Management Account SEC. 301. INCREASE IN EMPLOYEE COMPENSA- tive of the head of any department or agency from another element of the United States Gov- TION AND BENEFITS AUTHORIZED BY LAW. who is empowered to classify information, an ernment shall be detailed on a reimbursable Appropriations authorized by this Act for sal- order of any United States court, or a provision basis, except that any such officer, employee, or ary, pay, retirement, and other benefits for Fed- of any Resolution of the Senate or Rule of the member may be detailed on a nonreimbursable eral employees may be increased by such addi- House of Representatives which governs release basis for a period of less than 1 year for the per- tional or supplemental amounts as may be nec- of classified information by such House of Con- formance of temporary functions as required by essary for increases in such compensation or gress. the Director of Central Intelligence. ‘‘(2) The term ‘classified information’ means (e) NATIONAL DRUG INTELLIGENCE CENTER.— benefits authorized by law. (1) IN GENERAL.—Of the amount authorized to SEC. 302. RESTRICTION ON CONDUCT OF INTEL- information or material properly classified and be appropriated in subsection (a), $34,100,000 LIGENCE ACTIVITIES. clearly marked or represented, or that the per- shall be available for the National Drug Intel- The authorization of appropriations by this son knows or has reason to believe has been ligence Center. Within such amount, funds pro- Act shall not be deemed to constitute authority properly classified by appropriate authorities, vided for research, development, test, and eval- for the conduct of any intelligence activity pursuant to the provisions of a statute or Execu- uation purposes shall remain available until which is not otherwise authorized by the Con- tive order, as requiring protection against unau- September 30, 2002, and funds provided for pro- stitution or the laws of the United States. thorized disclosure for reasons of national secu- curement purposes shall remain available until SEC. 303. SENSE OF THE CONGRESS ON INTEL- rity. September 30, 2003. LIGENCE COMMUNITY CON- ‘‘(3) The term ‘officer or employee of the (2) TRANSFER OF FUNDS.—The Director of Cen- TRACTING. United States’ means the following: tral Intelligence shall transfer to the Attorney It is the sense of the Congress that the Direc- ‘‘(A) An officer or employee (as those terms General funds available for the National Drug tor of Central Intelligence should continue to di- are defined in sections 2104 and 2105 of title 5). Intelligence Center under paragraph (1). The rect that elements of the intelligence community, ‘‘(B) An officer or enlisted member of the Attorney General shall utilize funds so trans- whenever compatible with the national security Armed Forces (as those terms are defined in sec- ferred for the activities of the National Drug In- interests of the United States and consistent tion 101(b) of title 10).’’. telligence Center. with operational and security concerns related (b) CLERICAL AMENDMENT.—The table of sec- (3) LIMITATION.—Amounts available for the to the conduct of intelligence activities, and tions at the beginning of that chapter is amend- National Drug Intelligence Center may not be where fiscally sound, should competitively ed by striking the item relating to section 798A used in contravention of the provisions of sec- award contracts in a manner that maximizes the and inserting the following new items: tion 103(d)(1) of the National Security Act of procurement of products properly designated as ‘‘798A. Unauthorized disclosure of classified in- 1947 (50 U.S.C. 403–3(d)(1)). having been made in the United States. formation.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00125 Fmt 0688 Sfmt 6343 E:\BR00\H11OC0.004 H11OC0 22282 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘798B. Temporary extension of section 794.’’. SEC. 308. APPLICABILITY TO LAWFUL UNITED (a) that the covered element involved is in full SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY STATES INTELLIGENCE ACTIVITIES compliance with the directives referred to in COMMON CARRIER FOR CERTAIN IN- OF FEDERAL LAWS IMPLEMENTING that subsection. INTERNATIONAL TREATIES AND TELLIGENCE COLLECTION PER- (e) WAIVER BY DIRECTOR OF CENTRAL INTEL- AGREEMENTS. SONNEL. LIGENCE.—(1) The Director of Central Intel- (a) IN GENERAL.—The National Security Act (a) IN GENERAL.—Title I of the National Secu- ligence may waive the applicability of the prohi- of 1947 (50 U.S.C. 401 et seq.) is amended by add- rity Act of 1947 (50 U.S.C. 402 et seq.) is amend- bition in subsection (d) to an element of the De- ing at the end the following new title: ed by adding at the end the following new sec- partment of State otherwise covered by such tion: ‘‘TITLE X—ADDITIONAL MISCELLANEOUS prohibition if the Director determines that the ‘‘TRAVEL ON ANY COMMON CARRIER FOR CERTAIN PROVISIONS waiver is in the national security interests of INTELLIGENCE COLLECTION PERSONNEL ‘‘APPLICABILITY TO UNITED STATES INTELLIGENCE the United States. ‘‘SEC. 116. (a) IN GENERAL.—Notwithstanding ACTIVITIES OF FEDERAL LAWS IMPLEMENTING (2) The Director shall submit to appropriate any other provision of law, the Director of Cen- INTERNATIONAL TREATIES AND AGREEMENTS committees of Congress a report on each exercise tral Intelligence may authorize travel on any ‘‘SEC. 1001. (a) IN GENERAL.—No Federal law of the waiver authority in paragraph (1). common carrier when such travel, in the discre- enacted on or after the date of the enactment of (3) Each report under paragraph (2) with re- tion of the Director— the Intelligence Authorization Act for Fiscal spect to the exercise of authority under para- ‘‘(1) is consistent with intelligence community Year 2001 that implements a treaty or other graph (1) shall set forth the following: mission requirements, or international agreement shall be construed as (A) The covered element of the Department of ‘‘(2) is required for cover purposes, oper- making unlawful an otherwise lawful and au- State addressed by the waiver. ational needs, or other exceptional cir- thorized intelligence activity of the United (B) The reasons for the waiver. cumstances necessary for the successful per- States Government or its employees, or any (C) The actions that will be taken to bring formance of an intelligence community mission. other person to the extent such other person is such element into full compliance with the di- ‘‘(b) AUTHORIZED DELEGATION OF DUTY.—The carrying out such activity on behalf of, and at rectives referred to in subsection (a), including a Director may only delegate the authority grant- the direction of, the United States, unless such schedule for completion of such actions. ed by this section to the Deputy Director of Cen- Federal law specifically addresses such intel- (D) The actions taken by the Director to pro- tral Intelligence, or with respect to employees of ligence activity. tect any covered classified material to be han- the Central Intelligence Agency the Director ‘‘(b) AUTHORIZED INTELLIGENCE ACTIVITIES.— dled, retained, or stored by such element pend- may delegate such authority to the Deputy Di- An intelligence activity shall be treated as au- ing achievement of full compliance of such ele- rector for Operations.’’. thorized for purposes of subsection (a) if the in- ment with such directives. (b) CLERICAL AMENDMENT.—The table of con- telligence activity is authorized by an appro- (f) DEFINITIONS.—In this section: tents for the National Security Act of 1947 is priate official of the United States Government, (1) The term ‘‘appropriate committees of Con- amended by inserting after the item relating to acting within the scope of the official duties of gress’’ means the following: section 115 the following new item: that official and in compliance with Federal law (A) The Select Committee on Intelligence and ‘‘Sec. 116. Travel on any common carrier for cer- and any applicable Presidential directive.’’. the Committee on Foreign Relations of the Sen- tain intelligence collection per- (b) CLERICAL AMENDMENT.—The table of con- ate. sonnel.’’. tents for the National Security Act of 1947 is (B) The Permanent Select Committee on Intel- SEC. 306. UPDATE OF REPORT ON EFFECTS OF amended by inserting at the end the following ligence and the Committee on International Re- FOREIGN ESPIONAGE ON UNITED new items: lations of the House of Representatives. STATES TRADE SECRETS. ‘‘TITLE X—ADDITIONAL MISCELLANEOUS (2) The term ‘‘covered classified material’’ Not later than 270 days after the date of the PROVISIONS means any material classified at the Sensitive enactment of this Act, the Director of Central Compartmented Information (SCI) level. ‘‘Sec. 1001. Applicability to United States intel- Intelligence shall submit to Congress a report (3) The term ‘‘covered element of the Depart- ligence activities of Federal laws that updates and revises, as necessary, the re- ment of State’’ means each element of the De- implementing international trea- port prepared by the Director pursuant to sec- partment of State that handles, retains, or ties and agreements.’’. tion 310 of the Intelligence Authorization Act stores covered classified material. for Fiscal Year 2000 (Public Law 106–120; 113 SEC. 309. LIMITATION ON HANDLING, RETEN- (4) The term ‘‘material’’ means any data, re- TION, AND STORAGE OF CERTAIN Stat. 1606). CLASSIFIED MATERIALS BY THE DE- gardless of physical form or characteristic, in- SEC. 307. POW/MIA ANALYTIC CAPABILITY WITHIN PARTMENT OF STATE. cluding written or printed matter, automated in- THE INTELLIGENCE COMMUNITY. (a) CERTIFICATION REGARDING FULL COMPLI- formation systems storage media, maps, charts, (a) IN GENERAL.—Title I of the National Secu- ANCE WITH REQUIREMENTS.—The Director of paintings, drawings, films, photographs, rity Act of 1947 (50 U.S.C. 402 et seq.), as amend- Central Intelligence shall certify to the appro- engravings, sketches, working notes, papers, re- ed by section 305(a), is further amended by add- priate committees of Congress whether or not productions of any such things by any means or ing at the end the following: each covered element of the Department of State process, and sound, voice, magnetic, or elec- ‘‘POW/MIA ANALYTIC CAPABILITY is in full compliance with all applicable direc- tronic recordings. ‘‘SEC. 117. (a) REQUIREMENT.—(1) The Direc- tives of the Director of Central Intelligence re- (5) The term ‘‘Sensitive Compartmented Infor- tor of Central Intelligence shall, in consultation lating to the handling, retention, or storage of mation (SCI) level’’, in the case of classified ma- with the Secretary of Defense, establish and covered classified material. terial, means a level of classification for infor- maintain in the intelligence community an ana- (b) LIMITATION ON CERTIFICATION.—The Di- mation in such material concerning or derived lytic capability with responsibility for intel- rector of Central Intelligence may not certify a from intelligence sources, methods, or analytical ligence in support of the activities of the United covered element of the Department of State as processes that requires such information to be States relating to individuals who, after Decem- being in full compliance with the directives re- handled within formal access control systems es- ber 31, 1990, are unaccounted for United States ferred to in subsection (a) if the covered element tablished by the Director of Central Intelligence. personnel. is currently subject to a waiver of compliance SEC. 310. DESIGNATION OF DANIEL PATRICK ‘‘(2) The analytic capability maintained under with respect to any such directive. MOYNIHAN PLACE. paragraph (1) shall be known as the ‘POW/MIA (c) REPORT ON NONCOMPLIANCE.—Whenever (a) FINDINGS.—Congress finds that— analytic capability of the intelligence commu- the Director of Central Intelligence determines (1) during the second half of the twentieth nity’. that a covered element of the Department of century, Senator Daniel Patrick Moynihan pro- ‘‘(b) UNACCOUNTED FOR UNITED STATES PER- State is not in full compliance with any direc- moted the importance of architecture and urban SONNEL.—In this section, the term ‘unaccounted tive referred to in subsection (a), the Director planning in the Nation’s Capital, particularly for United States personnel’ means the fol- shall promptly notify the appropriate commit- with respect to the portion of Pennsylvania Ave- lowing: tees of Congress of such determination. nue between the White House and the United ‘‘(1) Any missing person (as that term is de- (d) EFFECTS OF CERTIFICATION OF NON-FULL States Capitol (referred to in this subsection as fined in section 1513(1) of title 10, United States COMPLIANCE.—(1) Subject to subsection (e), ef- the ‘‘Avenue’’); Code). fective as of January 1, 2001, a covered element (2) Senator Moynihan has stressed the unique ‘‘(2) Any United States national who was of the Department of State may not retain or significance of the Avenue as conceived by killed while engaged in activities on behalf of store covered classified material unless the Di- Pierre Charles L’Enfant to be the ‘‘grand axis’’ the United States and whose remains have not rector has certified under subsection (a) as of of the Nation’s Capital as well as a symbolic been repatriated to the United States.’’. such date that the covered element is in full representation of the separate yet unified (b) CLERICAL AMENDMENT.—The table of con- compliance with the directives referred to in branches of the United States Government; tents for the National Security Act of 1947, as subsection (a). (3) through his service to the Ad Hoc Com- amended by section 305(b), is further amended (2) If the prohibition in paragraph (1) takes mittee on Federal Office Space (1961–1962), as a by inserting after the item relating to section 116 effect in accordance with that paragraph, the member of the President’s Council on Pennsyl- the following new item: prohibition shall remain in effect until the date vania Avenue (1962–1964), and as vice-chairman ‘‘Sec. 117. POW/MIA analytic capability.’’. on which the Director certifies under subsection of the President’s Temporary Commission on

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00126 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22283 Pennsylvania Avenue (1965–1969), and in his been currently employed by the National Secu- ties and is the only qualified applicant available various capacities in the executive and legisla- rity Agency for a continuous period of at least for the position. tive branches, Senator Moynihan has consist- 12 months prior to the effective date of the pro- ‘‘(g) BAR ON CERTAIN EMPLOYMENT.— ently and creatively sought to fulfill President gram established under subsection (c), except ‘‘(1) BAR.—An employee may not be separated Kennedy’s recommendation of June 1, 1962, that that such term does not include— from service under this section unless the em- the Avenue not become a ‘‘solid phalanx of pub- ‘‘(A) a reemployed annuitant under sub- ployee agrees that the employee will not— lic and private office buildings which close chapter III of chapter 83 or chapter 84 of title 5, ‘‘(A) act as agent or attorney for, or otherwise down completely at night and on weekends,’’ United States Code, or another retirement sys- represent, any other person (except the United but that it be ‘‘lively, friendly, and inviting, as tem for employees of the Government; or States) in any formal or informal appearance well as dignified and impressive’’; ‘‘(B) an employee having a disability on the before, or, with the intent to influence, make (4)(A) Senator Moynihan helped draft a Fed- basis of which such employee is or would be eli- any oral or written communication on behalf of eral architectural policy, known as the ‘‘Guid- gible for disability retirement under any of the any other person (except the United States) to ing Principles for Federal Architecture,’’ that retirement systems referred to in subparagraph the National Security Agency; or recommends a choice of designs that are ‘‘effi- (A). ‘‘(B) participate in any manner in the award, cient and economical’’ and that provide ‘‘visual ‘‘(c) ESTABLISHMENT OF PROGRAM.—Notwith- modification, or extension of any contract for testimony to the dignity, enterprise, vigor, and standing any other provision of law, the Direc- property or services with the National Security stability’’ of the United States Government; and tor, in his sole discretion, may establish a pro- Agency, (B) the Guiding Principles for Federal Archi- gram under which employees may, after October during the 12-month period beginning on the ef- tecture further state that the ‘‘development of 1, 2000, be eligible for early retirement, offered fective date of the employee’s separation from an official style must be avoided. Design must separation pay to separate from service volun- service. flow from the architectural profession to the tarily, or both. ‘‘(2) PENALTY.—An employee who violates an Government, and not vice versa.’’; ‘‘(d) EARLY RETIREMENT.—An employee who— agreement under this subsection shall be liable (5) Senator Moynihan has encouraged— ‘‘(1) is at least 50 years of age and has com- (A) the construction of new buildings along pleted 20 years of service; or to the United States in the amount of the sepa- the Avenue, such as the Ronald Reagan Build- ‘‘(2) has at least 25 years of service, ration pay paid to the employee pursuant to this section multiplied by the proportion of the 12- ing and International Trade Center; and may, pursuant to regulations promulgated (B) the establishment of an academic institu- month period during which the employee was in under this section, apply and be retired from the violation of the agreement. tion along the Avenue, namely the Woodrow National Security Agency and receive benefits Wilson International Center for Scholars, a liv- ‘‘(h) LIMITATIONS.—Under this program, early in accordance with chapter 83 or 84 of title 5, retirement and separation pay may be offered ing memorial to President Wilson; and United States Code, if the employee has not less (6) as Senator Moynihan’s service in the Sen- only— than 10 years of service with the National Secu- ‘‘(1) with the prior approval of the Director; ate concludes, it is appropriate to commemorate rity Agency. ‘‘(2) for the period specified by the Director; his legacy of public service and his commitment ‘‘(e) AMOUNT OF SEPARATION PAY AND TREAT- and to thoughtful urban design in the Nation’s Cap- MENT FOR OTHER PURPOSES.— ‘‘(3) to employees within such occupational ital. ‘‘(1) AMOUNT.—Separation pay shall be paid groups or geographic locations, or subject to (b) DESIGNATION.—The parcel of land located in a lump sum and shall be equal to the lesser such other similar limitations or conditions, as in the northwest quadrant of Washington, Dis- of— the Director may require. trict of Columbia, and described in subsection ‘‘(A) an amount equal to the amount the em- ‘‘(i) REGULATIONS.—Before an employee may (c) shall be known and designated as ‘‘Daniel ployee would be entitled to receive under section be eligible for early retirement, separation pay, Patrick Moynihan Place’’. 5595(c) of title 5, United States Code, if the em- or both, under this section, the Director shall (c) BOUNDARIES.—The parcel of land described ployee were entitled to payment under such sec- prescribe such regulations as may be necessary in this subsection is the portion of Woodrow tion; or to carry out this section. Wilson Plaza (as designated by Public Law 103– ‘‘(B) $25,000. ‘‘(j) REPORTING REQUIREMENTS.— 284 (108 Stat. 1448)) that is bounded— ‘‘(2) TREATMENT.—Separation pay shall not— (1) on the west by the eastern facade of the ‘‘(A) be a basis for payment, and shall not be ‘‘(1) NOTIFICATION.—The Director may not Ronald Reagan Building and International included in the computation, of any other type make an offer of early retirement, separation Trade Center; of Government benefit; and pay, or both, pursuant to this section until 15 (2) on the east by the western facade of the ‘‘(B) be taken into account for the purpose of days after submitting to the Permanent Select Ariel Rios Building; determining the amount of any severance pay to Committee on Intelligence of the House of Rep- (3) on the north by the southern edge of the which an individual may be entitled under sec- resentatives and the Select Committee on Intel- sidewalk abutting Pennsylvania Avenue; and tion 5595 of title 5, United States Code, based on ligence of the Senate a report describing the oc- (4) on the south by the line that extends west any other separation. cupational groups or geographic locations, or to the facade of the Ronald Reagan Building ‘‘(f) REEMPLOYMENT RESTRICTIONS.—An em- other similar limitations or conditions, required and International Trade Center, from the point ployee who receives separation pay under such by the Director under subsection (h), and in- where the west facade of the Ariel Rios Building program may not be reemployed by the National cludes the proposed regulations issued pursuant intersects the north end of the west hemicycle of Security Agency for the 12-month period begin- to subsection (i). that building. ning on the effective date of the employee’s sep- ‘‘(2) ANNUAL REPORT.—The Director shall sub- (d) REFERENCES.—Any reference in a law, aration. An employee who receives separation mit to the President and the Permanent Select map, regulation, document, paper, or other pay under this section on the basis of a separa- Committee on Intelligence of the House of Rep- record of the United States to the parcel of land tion occurring on or after the date of the enact- resentatives and the Select Committee on Intel- described in subsection (c) shall be deemed to be ment of the Federal Workforce Restructuring ligence of the Senate an annual report on the a reference to Daniel Patrick Moynihan Place. Act of 1994 (Public Law 103–236; 108 Stat. 111) effectiveness and costs of carrying out this sec- (e) MARKERS.—The Administrator of General and accepts employment with the Government of tion. Services shall erect appropriate gateways or the United States within 5 years after the date ‘‘(k) REMITTANCE OF FUNDS.—In addition to other markers in Daniel Patrick Moynihan of the separation on which payment of the sepa- any other payment that is required to be made Place so denoting that place. ration pay is based shall be required to repay under subchapter III of chapter 83 or chapter 84 SEC. 311. NATIONAL SECURITY AGENCY VOL- the entire amount of the separation pay to the of title 5, United States Code, the National Secu- UNTARY SEPARATION ACT. National Security Agency. If the employment is rity Agency shall remit to the Office of Per- (a) IN GENERAL.—Title III of the National Se- with an Executive agency (as defined by section sonnel Management for deposit in the Treasury curity Act of 1947 (50 U.S.C. 405 et seq.) is 105 of title 5, United States Code), the Director of the United States to the credit of the Civil amended by inserting at the beginning the fol- of the Office of Personnel Management may, at Service Retirement and Disability Fund, an lowing new section 301: the request of the head of the agency, waive the amount equal to 15 percent of the final basic ‘‘NATIONAL SECURITY AGENCY VOLUNTARY repayment if the individual involved possesses pay of each employee to whom a voluntary sep- SEPARATION unique abilities and is the only qualified appli- aration payment has been or is to be paid under ‘‘SEC. 301. (a) SHORT TITLE.—This section may cant available for the position. If the employ- this section. The remittance required by this be cited as the ‘National Security Agency Vol- ment is with an entity in the legislative branch, subsection shall be in lieu of any remittance re- untary Separation Act’. the head of the entity or the appointing official quired by section 4(a) of the Federal Workforce ‘‘(b) DEFINITIONS.—For purposes of this sec- may waive the repayment if the individual in- Restructuring Act of 1994 (5 U.S.C. 8331 note).’’. tion— volved possesses unique abilities and is the only (b) CLERICAL AMENDMENT.—The table of con- ‘‘(1) the term ‘Director’ means the Director of qualified applicant available for the position. If tents for title III of the National Security Act of the National Security Agency; and the employment is with the judicial branch, the 1947 is amended by inserting at the beginning ‘‘(2) the term ‘employee’ means an employee of Director of the Administrative Office of the the following new item: the National Security Agency, serving under an United States Courts may waive the repayment ‘‘Sec. 301. National Security Agency voluntary appointment without time limitation, who has if the individual involved possesses unique abili- separation.’’.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00127 Fmt 0688 Sfmt 6343 E:\BR00\H11OC0.004 H11OC0 22284 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Subtitle B—Diplomatic Telecommunications (i) final decision-making authority for imple- Oversight Board (hereinafter in this subtitle re- Service Program Office (DTS-PO) menting DTS policy; and ferred to as the ‘‘Board’’) as an instrumentality SEC. 321. REORGANIZATION OF DIPLOMATIC (ii) final decision-making authority for man- of the United States with the powers and au- TELECOMMUNICATIONS SERVICE aging all communications technology and secu- thorities herein provided. PROGRAM OFFICE. rity upgrades to satisfy DTS user requirements. (2) STATUS.—The Board shall oversee and (a) REORGANIZATION.—Effective 60 days after (C) CERTIFICATION REGARDING SECURITY.—The monitor the operations of DTS-PO and shall be the date of the enactment of this Act, the Diplo- CEO shall certify to the appropriate congres- accountable for the duties assigned to DTS-PO matic Telecommunications Service Program Of- sional committees that the operational and com- under this subtitle. fice (DTS-PO) established pursuant to title V of munications security requirements and practices (3) MEMBERSHIP.— Public Law 102–140 shall be reorganized in ac- of DTS conform to the highest security require- (A) IN GENERAL.—The Board shall consist of 3 cordance with this subtitle. ments and practices required by any agency uti- members as follows: (b) PURPOSE AND DUTIES OF DTS-PO.—The lizing the DTS. (i) The Deputy Director of the Office of Man- purpose and duties of DTS-PO shall be to carry (D) REPORTS TO CONGRESS.— agement and Budget. out a program for the establishment and mainte- (i) SEMIANNUAL REPORTS.—Beginning on Au- (ii) 2 members to be appointed by the Presi- nance of a diplomatic telecommunications sys- gust 1, 2001, and every 6 months thereafter, the dent. tem and communications network (hereinafter CEO shall submit to the appropriate congres- (B) CHAIRPERSON.—The chairperson of the in this subtitle referred to as ‘‘DTS’’) capable of sional committees of jurisdiction a report regard- Board shall be the Deputy Director of the Office providing multiple levels of service to meet the ing the activities of DTS-PO during the pre- of Management and Budget. wide ranging needs of all United States Govern- ceding 6 months, the current capabilities of (C) TERMS.—Members of the Board appointed ment agencies and departments at diplomatic fa- DTS-PO, and the priorities of DTS-PO for the by the President shall serve at the pleasure of cilities abroad, including national security subsequent 6 month period. Each report shall the President. needs for secure, reliable, and robust commu- include a discussion about any administrative, (D) QUORUM REQUIRED.—A quorum shall con- nications capabilities. budgetary, or management issues that hinder sist of all members of the Board and all deci- SEC. 322. PERSONNEL. the ability of DTS-PO to fulfill its mandate. sions of the Board shall require a majority vote. (a) ESTABLISHMENT OF POSITION OF CHIEF EX- (ii) OTHER REPORTS.—In addition to the report (4) PROHIBITION ON COMPENSATION.—Members ECUTIVE OFFICER.— required by clause (i), the CEO shall keep the of the Board may not receive additional pay, al- (1) IN GENERAL.—Effective 60 days after the appropriate congressional committees of juris- lowances, or benefits by reason of their service date of the enactment of this Act, there is estab- diction fully and currently informed with regard on the Board. lished the position of Chief Executive Officer of to DTS-PO activities, particularly with regard (5) DUTIES AND AUTHORITIES.—The Board the Diplomatic Telecommunications Service Pro- to any significant security infractions or major shall have the following duties and authorities gram Office (hereinafter in this subtitle referred outages in the DTS. with respect to DTS-PO: to as the ‘‘CEO’’). (b) ESTABLISHMENT OF POSITIONS OF DEPUTY (A) To review and approve overall strategies, (2) QUALIFICATIONS.— EXECUTIVE OFFICER.— policies, and goals established by DTS-PO for its (A) IN GENERAL.—The CEO shall be an indi- (1) IN GENERAL.—There shall be 2 Deputy Ex- activities. vidual who— ecutive Officers of the Diplomatic Telecommuni- (B) To review and approve financial plans, (i) is a communications professional; cations Service Program Office, each to be ap- budgets, and periodic financing requests devel- (ii) has served in the commercial telecommuni- pointed by the President. oped by DTS-PO. cations industry for at least 7 years; (2) DUTIES.—The Deputy Executive Officers (C) To review the overall performance of DTS- (iii) has an extensive background in commu- shall perform such duties as the CEO may re- PO on a periodic basis, including its work, man- nications system design, maintenance, and sup- quire. agement activities, and internal controls, and port and a background in organizational man- (c) TERMINATION OF POSITIONS OF DIRECTOR the performance of DTS-PO relative to approved agement; and AND DEPUTY DIRECTOR.—Effective upon the budget plans. (iv) submits to a background investigation and first appointment of a CEO pursuant to sub- (D) To require from DTS-PO any reports, doc- possesses the necessary qualifications to obtain section (a), the positions of Director and Deputy uments, and records the Board considers nec- a security clearance required to meet the highest Director of DTS-PO shall terminate. essary to carry out its oversight responsibilities. United States Government security standards. (d) EMPLOYEES OF DTS-PO.— (E) To evaluate audits of DTS-PO. (B) LIMITATIONS.—The CEO may not be an in- (1) IN GENERAL.—DTS-PO is authorized to (6) LIMITATION ON AUTHORITY.—The CEO dividual who was an officer or employee of have the following employees: a CEO estab- shall have the authority, without any prior re- DTS-PO prior to the date of the enactment of lished under subsection (a), 2 Deputy Executive view or approval by the Board, to make such de- this Act. Officers established under subsection (b), and terminations as the CEO considers appropriate (3) APPOINTMENT AUTHORITY.—The CEO of not more than 4 other employees. and take such actions as the CEO considers ap- DTS-PO shall be appointed by the Director of (2) APPLICABILITY OF CERTAIN CIVIL SERVICE propriate with respect to the day-to-day man- the Office of Management and Budget. LAWS.—The CEO and other officers and employ- agement and operation of DTS-PO and to carry IRST APPOINTMENT.— (4) F ees of DTS-PO may be appointed without regard out the reforms of DTS-PO authorized by sec- (i) DEADLINE.—The first appointment under to the provisions of title 5, United States Code, tion 305 of the Admiral James W. Nance and this subsection shall be made not later than governing appointments in the competitive serv- Meg Donovan Foreign Relations Authorization May 1, 2001. ice, and may be paid without regard to the pro- Act, Fiscal Years 2000 and 2001 (section 305 of (ii) LIMITATION ON USE OF FUNDS.—Of the appendix G of Public Law 106–113). funds available for DTS-PO on the date of the visions of chapter 51 and subchapter III of enactment of this Act, not more than 75 percent chapter 53 of that title relating to classification SEC. 324. GENERAL PROVISIONS. of such funds may be obligated or expended and General Schedule pay rates. (a) REPORT TO CONGRESS.—Not later than UTHORITY OF DIRECTOR OF OMB TO PRE- until a CEO is appointed under this subsection (3) A March 1, 2001, the Director of the Office of SCRIBE PAY OF EMPLOYEES.—The Director of the and assumes such position. Management and Budget shall submit to the ap- (iii) MAY NOT BE AN OFFICER OR EMPLOYEE OF Office of Management and Budget shall pre- propriate congressional committees of jurisdic- FEDERAL GOVERNMENT.—The individual first ap- scribe the rates of basic pay for positions to tion a report which includes the following ele- pointed as CEO under this subtitle may not which employees are appointed under this sec- ments with respect to DTS-PO: have been an officer or employee of the Federal tion on the basis of their unique qualifications. (1) Clarification of the process for the CEO to government during the 1 year period imme- (e) STAFF OF FEDERAL AGENCIES.— report to the Board. diately preceding such appointment. (1) IN GENERAL.—Upon request of the CEO, (2) Details of the CEO’s duties and respon- (5) VACANCY.—In the event of a vacancy in the head of any Federal department or agency sibilities. the position of CEO or during the absence or may detail, on a reimbursable basis, any of the (3) Details of the compensation package for disability of the CEO, the Director of the Office personnel of that department or agency to DTS- the CEO and other employees of DTS-PO. of Management and Budget may designate an PO to assist it in carrying out its duties under (4) Recommendations to the Overseas Security officer or employee of DTS-PO to perform the this subtitle. Policy Board (OSPB) for updates. duties of the position as the acting CEO. (2) CONTINUATION OF SERVICE.—An employee (5) Security standards for information tech- (6) AUTHORITIES AND DUTIES.— of a Federal department or agency who was per- nology. (A) IN GENERAL.—The CEO shall have respon- forming services on behalf of DTS-PO prior to (6) The upgrade precedence plan for overseas sibility for day-to-day management and oper- the effective date of the reorganization under posts with national security interests. ations of DTS, subject to the supervision of the this subtitle shall continue to be detailed to (7) A spending plan for the additional funds Diplomatic Telecommunication Service Over- DTS-PO after that date, upon request. provided for the operation and improvement of sight Board established under this subtitle. SEC. 323. DIPLOMATIC TELECOMMUNICATIONS DTS for fiscal year 2001. (B) SPECIFIC AUTHORITIES.—In carrying out SERVICE OVERSIGHT BOARD. (b) NOTIFICATION REQUIREMENTS.—The notifi- the responsibility for day-to-day management (a) OVERSIGHT BOARD ESTABLISHED.— cation requirements of sections 502 and 505 of and operations of DTS, the CEO shall, at a min- (1) IN GENERAL.—There is hereby established the National Security Act of 1947 shall apply to imum, have— the Diplomatic Telecommunications Service DTS-PO and the Board.

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(c) PROCUREMENT AUTHORITY OF DTS-PO.— focus on any current or former Agency official priations Act, 1997 (5 U.S.C. prec. 5941 note), the The procurement authorities of any of the users who— Director of Central Intelligence may— of DTS shall be available to the DTS-PO. ‘‘(i) holds or held a position in the Agency (1) designate as qualified employees within (d) DEFINITION OF APPROPRIATE CONGRES- that is subject to appointment by the President, the meaning of subsection (b) of that section ap- SIONAL COMMITTEES OF JURISDICTION.—As used by and with the advise and consent of the Sen- propriate categories of employees not otherwise in this subtitle, the term ‘‘appropriate congres- ate, including such a position held on an acting covered by that subsection; and sional committees of jurisdiction’’ means the basis; or (2) use appropriated funds available to the Di- Committee on Appropriations, the Committee on ‘‘(ii) holds or held the position in the Agency, rector to reimburse employees within categories Foreign Relations, and the Select Committee on including such a position held on an acting so designated for one-half of the costs incurred Intelligence of the Senate and the Committee on basis, of— by such employees for professional liability in- Appropriations, the Committee on International ‘‘(I) Executive Director; surance in accordance with subsection (a) of Relations, and the Permanent Select Committee ‘‘(II) Deputy Director for Operations; that section. on Intelligence of the House of Representatives. ‘‘(III) Deputy Director for Intelligence; (b) REPORTS.—The Director of Central Intel- (e) STATUTORY CONSTRUCTION.—Nothing in ‘‘(IV) Deputy Director for Administration; or ligence shall submit to the Select Committee on this subtitle shall be construed to negate or to ‘‘(V) Deputy Director for Science and Tech- Intelligence of the Senate and the Permanent reduce the statutory obligations of any United nology; Select Committee of Intelligence of the House of States department or agency head. ‘‘(C) a matter requires a report by the Inspec- Representatives a report on each designation of (f) AUTHORIZATION OF APPROPRIATIONS FOR tor General to the Department of Justice on pos- a category of employees under paragraph (1) of DTS-PO.—For each of the fiscal years 2002 sible criminal conduct by a current or former subsection (a), including the approximate num- through 2006, there are authorized to be appro- Agency official described or referred to in sub- ber of employees covered by such designation priated directly to DTS-PO such sums as may be paragraph (B); and an estimate of the amount to be expended necessary to carry out the management, over- ‘‘(D) the Inspector General receives notice on reimbursement of such employees under sight, and security requirements of this subtitle. from the Department of Justice declining or ap- paragraph (2) of that subsection. proving prosecution of possible criminal conduct TITLE IV—CENTRAL INTELLIGENCE of any of the officials described in subparagraph TITLE V—DEPARTMENT OF DEFENSE AGENCY (B); or INTELLIGENCE ACTIVITIES SEC. 401. MODIFICATIONS TO CENTRAL INTEL- ‘‘(E) the Inspector General, after exhausting SEC. 501. CONTRACTING AUTHORITY FOR THE NA- LIGENCE AGENCY’S CENTRAL SERV- all possible alternatives, is unable to obtain sig- TIONAL RECONNAISSANCE OFFICE. ICES PROGRAM. nificant documentary information in the course (a) IN GENERAL.—The National Reconnais- (a) DEPOSITS IN CENTRAL SERVICES WORKING of an investigation, inspection, or audit, sance Office (‘‘NRO’’) shall negotiate, write, CAPITAL FUND.—Subsection (c)(2) of section 21 of the Central Intelligence Agency Act of 1949 the Inspector General shall immediately notify execute, and manage contracts for launch vehi- (50 U.S.C. 403u(c)(2)) is amended— and submit a report on such matter to the intel- cle acquisition or launch that affect or bind the (1) by redesignating subparagraph (F) as sub- ligence committees.’’. NRO and to which the United States is a party. paragraph (H); and SEC. 404. DETAIL OF EMPLOYEES TO THE NA- (b) EFFECTIVE DATE.—This section shall apply (2) by inserting after subparagraph (E) the TIONAL RECONNAISSANCE OFFICE. to any contract described in subsection (a) that following new subparagraphs: The Central Intelligence Agency Act of 1949 is entered into after the date of the enactment of ‘‘(F) Receipts from individuals in reimburse- (50 U.S.C. 403a et seq.) is amended by adding at this Act. ment for utility services and meals provided the end the following new section: (c) RETROACTIVITY.—This section shall not under the program. ‘‘DETAIL OF EMPLOYEES apply to any contract described in subsection ‘‘(G) Receipts from individuals for the rental ‘‘SEC. 22. The Director may— (a) in effect as of the date of the enactment of of property and equipment under the program.’’. ‘‘(1) detail any personnel of the Agency on a this Act. (b) CLARIFICATION OF COSTS RECOVERABLE reimbursable basis indefinitely to the National SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTEL- UNDER PROGRAM.—Subsection (e)(1) of that sec- Reconnaissance Office without regard to any LIGENCE IN EXPERIMENTAL PER- tion is amended in the second sentence by in- limitation under law on the duration of details SONNEL PROGRAM FOR CERTAIN serting ‘‘other than structures owned by the SCIENTIFIC AND TECHNICAL PER- of Federal Government personnel; and SONNEL. Agency’’ after ‘‘depreciation of plant and equip- ‘‘(2) hire personnel for the purpose of any de- If the Director of Central Intelligence requests ment’’. tail under paragraph (1).’’. (c) FINANCIAL STATEMENTS OF PROGRAM.— that the Secretary of Defense exercise any au- SEC. 405. TRANSFERS OF FUNDS TO OTHER AGEN- thority available to the Secretary under section Subsection (g)(2) of that section is amended in CIES FOR ACQUISITION OF LAND. 1101(b) of the Strom Thurmond National De- the first sentence by striking ‘‘annual audits (a) IN GENERAL.—Section 5 of the Central In- fense Authorization Act for Fiscal Year 1999 under paragraph (1)’’ and inserting the fol- telligence Agency Act of 1949 (50 U.S.C. 403f) is (Public Law 105–261; 5 U.S.C. 3104 note) to carry lowing: ‘‘financial statements to be prepared amended by adding at the end the following out a program of special personnel management with respect to the program. Office of Manage- new subsection: authority at the National Imagery and Mapping ment and Budget guidance shall also determine ‘‘(c) TRANSFERS FOR ACQUISITION OF LAND.— Agency and the National Security Agency in the procedures for conducting annual audits (1) Sums appropriated or otherwise made avail- order to facilitate recruitment of eminent experts under paragraph (1).’’. able to the Agency for the acquisition of land in science and engineering at such agencies, the SEC. 402. TECHNICAL CORRECTIONS. that are transferred to another department or Secretary shall respond to such request not later (a) CLARIFICATION REGARDING REPORTS ON agency for that purpose shall remain available than 30 days after the date of such request. EXERCISE OF AUTHORITY.—Section 17 of the for 3 years. Central Intelligence Agency Act of 1949 (50 ‘‘(2) The Director shall submit to the Select SEC. 503. MEASUREMENT AND SIGNATURE INTEL- U.S.C. 403q) is amended— Committee on Intelligence of the Senate and the LIGENCE. (1) in subsection (d)(1), by striking subpara- Permanent Select Committee on Intelligence of (a) STUDY OF OPTIONS.—The Director of Cen- graph (E) and inserting the following new sub- the House of Representatives an annual report tral Intelligence shall, in coordination with the paragraph (E): on the transfers of sums described in paragraph Secretary of Defense, conduct a study of the ‘‘(E) a description of the exercise of the sub- (1).’’. utility and feasibility of various options for im- poena authority under subsection (e)(5) by the (b) CONFORMING STYLISTIC AMENDMENTS.— proving the management and organization of Inspector General during the reporting period; That section is further amended— measurement and signature intelligence, includ- and’’; and (1) in subsection (a), by inserting ‘‘IN GEN- ing— (2) in subsection (e)(5), by striking subpara- ERAL.—’’ after ‘‘(a)’’; and (1) the option of establishing a centralized graph (E). (2) in subsection (b), by inserting ‘‘SCOPE OF tasking, processing, exploitation, and dissemina- (b) TERMINOLOGY WITH RESPECT TO GOVERN- AUTHORITY FOR EXPENDITURE.—’’ after ‘‘(b)’’. tion facility for measurement and signature in- MENT AGENCIES.—Section 17(e)(8) of such Act (50 (c) APPLICABILITY.—Subsection (c) of section 5 telligence; U.S.C. 403q(e)(8)) is amended by striking ‘‘Fed- of the Central Intelligence Agency Act of 1949, (2) options for recapitalizing and reconfig- eral’’ each place it appears and inserting ‘‘Gov- as added by subsection (a) of this section, shall uring the current systems for measurement and ernment’’. apply with respect to amounts appropriated or signature intelligence; and SEC. 403. EXPANSION OF INSPECTOR GENERAL otherwise made available for the Central Intel- (3) the operation and maintenance costs of the ACTIONS REQUIRING A REPORT TO ligence Agency for fiscal years after fiscal year various options. CONGRESS. 2000. (b) REPORT.—Not later than April 1, 2001, the Section 17(d)(3) of the Central Intelligence SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOY- Director and the Secretary shall jointly submit Agency Act of 1949 (50 U.S.C. 403q(d)(3)) is EES FOR REIMBURSEMENT FOR PRO- to the appropriate committees of Congress a re- amended by striking all that follows after sub- FESSIONAL LIABILITY INSURANCE. port on their findings as a result of the study re- paragraph (A) and inserting the following: (a) IN GENERAL.—Notwithstanding any provi- quired by subsection (a). The report shall set ‘‘(B) an investigation, inspection, or audit sion of title VI, section 636 of the Treasury, forth any recommendations that the Director carried out by the Inspector General should Postal Service, and General Government Appro- and the Secretary consider appropriate.

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(c) APPROPRIATE COMMITTEES OF CONGRESS otherwise unavailable to supervise the making appropriate actions in advance to ensure that DEFINED.—In this section, the term ‘‘appro- of such modification.’’. delegation of such responsibility is clearly estab- priate committees of Congress’’ means the fol- (b) PROBABLE CAUSE.—Section 105 of that Act lished in the event such official is disabled or lowing: (50 U.S.C. 1805) is amended— otherwise unavailable to supervise the making (1) The Committee on Armed Services and the (1) by redesignating subsections (b), (c), (d), of such modification.’’. Select Committee on Intelligence of the Senate. (e), (f), and (g) as subsections (c), (d), (e), (f), (b) PROBABLE CAUSE.—Section 304 of that Act (2) The Committee on Armed Services and the (g), and (h), respectively; (50 U.S.C. 1824) is amended— Permanent Select Committee on Intelligence of (2) by inserting after subsection (a) the fol- (1) by redesignating subsections (b), (c), (d), the House of Representatives. lowing new subsection (b): and (e) as subsections (c), (d), (e), and (f), re- ‘‘(b) In determining whether or not probable spectively; and TITLE VI—COUNTERINTELLIGENCE cause exists for purposes of an order under sub- (2) by inserting after subsection (a) the fol- MATTERS section (a)(3), a judge may consider past activi- lowing new subsection (b): SEC. 601. SHORT TITLE. ties of the target, as well as facts and cir- ‘‘(b) In determining whether or not probable This title may be cited as the ‘‘Counterintel- cumstances relating to current or future activi- cause exists for purposes of an order under sub- ligence Reform Act of 2000’’. ties of the target.’’; and section (a)(3), a judge may consider past activi- SEC. 602. ORDERS FOR ELECTRONIC SURVEIL- (3) in subsection (d), as redesignated by para- ties of the target, as well as facts and cir- LANCE UNDER THE FOREIGN INTEL- graph (1), by striking ‘‘subsection (b)(1)’’ and cumstances relating to current or future activi- LIGENCE SURVEILLANCE ACT OF inserting ‘‘subsection (c)(1)’’. ties of the target.’’. 1978. SEC. 603. ORDERS FOR PHYSICAL SEARCHES SEC. 604. DISCLOSURE OF INFORMATION AC- (a) REQUIREMENTS REGARDING CERTAIN APPLI- UNDER THE FOREIGN INTEL- QUIRED UNDER THE FOREIGN IN- CATIONS.—Section 104 of the Foreign Intel- LIGENCE SURVEILLANCE ACT OF TELLIGENCE SURVEILLANCE ACT OF ligence Surveillance Act of 1978 (50 U.S.C. 1804) 1978. 1978 FOR LAW ENFORCEMENT PUR- POSES. is amended by adding at the end the following (a) REQUIREMENTS REGARDING CERTAIN APPLI- (a) INCLUSION OF INFORMATION ON DISCLO- new subsection: CATIONS.—Section 303 of the Foreign Intel- SURE IN SEMIANNUAL OVERSIGHT REPORT.—Sec- ‘‘(e)(1)(A) Upon written request of the Direc- ligence Surveillance Act of 1978 (50 U.S.C. 1823) tion 108(a) of the Foreign Intelligence Surveil- tor of the Federal Bureau of Investigation, the is amended by adding at the end the following lance Act of 1978 (50 U.S.C. 1808(a)) is amend- Secretary of Defense, the Secretary of State, or new subsection: the Director of Central Intelligence, the Attor- ‘‘(d)(1)(A) Upon written request of the Direc- ed— ney General shall personally review under sub- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and tor of the Federal Bureau of Investigation, the (2) by adding at the end the following new section (a) an application under that subsection Secretary of Defense, the Secretary of State, or paragraph: for a target described in section 101(b)(2). the Director of Central Intelligence, the Attor- ‘‘(2) Each report under the first sentence of ‘‘(B) Except when disabled or otherwise un- ney General shall personally review under sub- paragraph (1) shall include a description of— available to make a request referred to in sub- section (a) an application under that subsection ‘‘(A) each criminal case in which information paragraph (A), an official referred to in that for a target described in section 101(b)(2). acquired under this Act has been passed for law subparagraph may not delegate the authority to ‘‘(B) Except when disabled or otherwise un- enforcement purposes during the period covered make a request referred to in that subpara- available to make a request referred to in sub- by such report; and graph. paragraph (A), an official referred to in that ‘‘(B) each criminal case in which information ‘‘(C) Each official referred to in subparagraph subparagraph may not delegate the authority to acquired under this Act has been authorized for (A) with authority to make a request under that make a request referred to in that subpara- use at trial during such reporting period.’’. subparagraph shall take appropriate actions in graph. (b) REPORT ON MECHANISMS FOR DETERMINA- advance to ensure that delegation of such au- ‘‘(C) Each official referred to in subparagraph TIONS OF DISCLOSURE OF INFORMATION FOR LAW thority is clearly established in the event such (A) with authority to make a request under that ENFORCEMENT PURPOSES.—(1) The Attorney official is disabled or otherwise unavailable to subparagraph shall take appropriate actions in General shall submit to the appropriate commit- make such request. advance to ensure that delegation of such au- tees of Congress a report on the authorities and ‘‘(2)(A) If as a result of a request under para- thority is clearly established in the event such procedures utilized by the Department of Justice graph (1) the Attorney General determines not official is disabled or otherwise unavailable to for determining whether or not to disclose infor- to approve an application under the second sen- make such request. mation acquired under the Foreign Intelligence tence of subsection (a) for purposes of making ‘‘(2)(A) If as a result of a request under para- Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) the application under this section, the Attorney graph (1) the Attorney General determines not for law enforcement purposes. General shall provide written notice of the de- to approve an application under the second sen- (2) In this subsection, the term ‘‘appropriate termination to the official making the request tence of subsection (a) for purposes of making committees of Congress’’ means the following: for the review of the application under that the application under this section, the Attorney (A) The Select Committee on Intelligence and paragraph. Except when disabled or otherwise General shall provide written notice of the de- the Committee on the Judiciary of the Senate. unavailable to make a determination under the termination to the official making the request (B) The Permanent Select Committee on Intel- preceding sentence, the Attorney General may for the review of the application under that ligence and the Committee on the Judiciary of not delegate the responsibility to make a deter- paragraph. Except when disabled or otherwise the House of Representatives. mination under that sentence. The Attorney unavailable to make a determination under the SEC. 605. COORDINATION OF COUNTERINTEL- General shall take appropriate actions in ad- preceding sentence, the Attorney General may LIGENCE WITH THE FEDERAL BU- vance to ensure that delegation of such respon- not delegate the responsibility to make a deter- REAU OF INVESTIGATION. sibility is clearly established in the event the At- mination under that sentence. The Attorney (a) TREATMENT OF CERTAIN SUBJECTS OF IN- torney General is disabled or otherwise unavail- General shall take appropriate actions in ad- VESTIGATION.—Subsection (c) of section 811 of able to make such determination. vance to ensure that delegation of such respon- the Intelligence Authorization Act for Fiscal ‘‘(B) Notice with respect to an application sibility is clearly established in the event the At- Year 1995 (50 U.S.C. 402a) is amended— (1) in paragraphs (1) and (2), by striking under subparagraph (A) shall set forth the torney General is disabled or otherwise unavail- ‘‘paragraph (3)’’ and inserting ‘‘paragraph (5)’’; modifications, if any, of the application that are able to make such determination. (2) by redesignating paragraphs (3), (4), (5), necessary in order for the Attorney General to ‘‘(B) Notice with respect to an application and (6) as paragraphs (5), (6), (7), and (8), re- approve the application under the second sen- under subparagraph (A) shall set forth the spectively; tence of subsection (a) for purposes of making modifications, if any, of the application that are (3) by inserting after paragraph (2) the fol- the application under this section. necessary in order for the Attorney General to lowing new paragraph (3): ‘‘(C) Upon review of any modifications of an approve the application under the second sen- ‘‘(3)(A) The Director of the Federal Bureau of application set forth under subparagraph (B), tence of subsection (a) for purposes of making Investigation shall submit to the head of the de- the official notified of the modifications under the application under this section. partment or agency concerned a written assess- this paragraph shall modify the application if ‘‘(C) Upon review of any modifications of an ment of the potential impact of the actions of such official determines that such modification application set forth under subparagraph (B), the department or agency on a counterintel- is warranted. Such official shall supervise the the official notified of the modifications under ligence investigation. making of any modification under this subpara- this paragraph shall modify the application if ‘‘(B) The head of the department or agency graph. Except when disabled or otherwise un- such official determines that such modification concerned shall— available to supervise the making of any modi- is warranted. Such official shall supervise the ‘‘(i) use an assessment under subparagraph fication under the preceding sentence, such offi- making of any modification under this subpara- (A) as an aid in determining whether, and cial may not delegate the responsibility to super- graph. Except when disabled or otherwise un- under what circumstances, the subject of an in- vise the making of any modification under that available to supervise the making of any modi- vestigation under paragraph (1) should be left preceding sentence. Each such official shall take fication under the preceding sentence, such offi- in place for investigative purposes; and appropriate actions in advance to ensure that cial may not delegate the responsibility to super- ‘‘(ii) notify in writing the Director of the Fed- delegation of such responsibility is clearly estab- vise the making of any modification under that eral Bureau of Investigation of such determina- lished in the event such official is disabled or preceding sentence. Each such official shall take tion.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00130 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22287 ‘‘(C) The Director of the Federal Bureau of (3) In addition to the report required by para- by which records on specific subjects of extraor- Investigation and the head of the department or graph (2), the Attorney General shall also sub- dinary public interest that do not undermine the agency concerned shall continue to consult, as mit to the Select Committee on Intelligence of national security interests of the United States appropriate, to review the status of an inves- the Senate and the Permanent Select Committee may be collected, retained, reviewed, and dis- tigation covered by this paragraph, and to reas- on Intelligence of the House of Representatives seminated to Congress, policymakers in the exec- sess, as appropriate, a determination of the a report that addresses the issues identified in utive branch, and the public. head of the department or agency concerned to the semiannual report of the Attorney General (2) Ensuring, through such measures, public leave a subject in place for investigative pur- to such committees under section 108(a) of the access to information that does not require con- poses.’’; and Foreign Intelligence Surveillance Act of 1978 (50 tinued protection to maintain the national secu- (4) in paragraph (5), as so redesignated, by U.S.C. 1808(a)) that was submitted in April 2000, rity interests of the United States is a key to striking ‘‘paragraph (1) or (2)’’ and inserting including any corrective actions with regard to striking the balance between secrecy essential to ‘‘paragraph (1), (2), or (3)’’. such issues. The report under this paragraph national security and the openness that is cen- (b) TIMELY PROVISION OF INFORMATION AND shall be submitted in classified form. tral to the proper functioning of the political in- CONSULTATION ON ESPIONAGE INVESTIGATIONS.— (4) Funds made available pursuant to sub- stitutions of the United States. Paragraph (2) of that subsection is further section (a), in any fiscal year, shall remain SEC. 703. PUBLIC INTEREST DECLASSIFICATION amended— available until expended. BOARD. (1) by inserting ‘‘in a timely manner’’ after (c) REPORT ON COORDINATING NATIONAL SECU- (a) ESTABLISHMENT.—There is established ‘‘through appropriate channels’’; and RITY AND INTELLIGENCE FUNCTIONS WITHIN THE (2) by inserting ‘‘in a timely manner’’ after within the executive branch of the United States DEPARTMENT OF JUSTICE.—The Attorney Gen- ‘‘are consulted’’. a board to be known as the ‘‘Public Interest De- eral shall report to the committees of Congress (c) INTERFERENCE WITH FULL FIELD ESPIO- classification Board’’ (in this title referred to as specified in subsection (b)(2)(B) within 120 days NAGE INVESTIGATIONS.—That subsection is fur- the ‘‘Board’’). ther amended by inserting after paragraph (3), on actions that have been or will be taken by (b) PURPOSES.—The purposes of the Board are as amended by subsection (a) of this section, the the Department to— as follows: following new paragraph (4): (1) promote quick and efficient responses to (1) To advise the President, the Assistant to ‘‘(4)(A) The Federal Bureau of Investigation national security issues; the President for National Security Affairs, the shall notify appropriate officials within the ex- (2) centralize a point-of-contact within the Director of the Office of Management and ecutive branch, including the head of the de- Department on national security matters for ex- Budget, and such other executive branch offi- partment or agency concerned, of the com- ternal entities and agencies; and cials as the Board considers appropriate on the mencement of a full field espionage investiga- (3) coordinate the dissemination of intel- systematic, thorough, coordinated, and com- tion with respect to an employee within the ex- ligence information within the appropriate com- prehensive identification, collection, review for ecutive branch. ponents of the Department and the formulation declassification, and release to Congress, inter- ‘‘(B) A department or agency may not conduct of policy on national security issues. ested agencies, and the public of declassified a polygraph examination, interrogate, or other- SEC. 607. COORDINATION REQUIREMENTS RELAT- records and materials (including donated histor- wise take any action that is likely to alert an ING TO THE PROSECUTION OF ical materials) that are of archival value, in- employee covered by a notice under subpara- CASES INVOLVING CLASSIFIED IN- cluding records and materials of extraordinary FORMATION. graph (A) of an investigation described in that public interest. subparagraph without prior coordination and The Classified Information Procedures Act (18 (2) To promote the fullest possible public ac- consultation with the Federal Bureau of Inves- U.S.C. App.) is amended by inserting after sec- cess to a thorough, accurate, and reliable docu- tigation.’’. tion 9 the following new section: mentary record of significant United States na- SEC. 606. ENHANCING PROTECTION OF NATIONAL ‘‘COORDINATION REQUIREMENTS RELATING TO THE tional security decisions and significant United SECURITY AT THE DEPARTMENT OF PROSECUTION OF CASES INVOLVING CLASSIFIED States national security activities in order to— JUSTICE. INFORMATION (A) support the oversight and legislative func- (a) AUTHORIZATION FOR INCREASED RE- ‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The As- tions of Congress; SOURCES TO FULFILL NATIONAL SECURITY MIS- sistant Attorney General for the Criminal Divi- (B) support the policymaking role of the exec- SION OF THE DEPARTMENT OF JUSTICE.—There sion and the appropriate United States attor- utive branch; are authorized to be appropriated to the Depart- ney, or the designees of such officials, shall pro- (C) respond to the interest of the public in na- ment of Justice for the activities of the Office of vide briefings to the senior agency official, or tional security matters; and Intelligence Policy and Review to help meet the the designee of such official, with respect to any (D) promote reliable historical analysis and increased personnel demands to combat ter- case involving classified information that origi- new avenues of historical study in national se- rorism, process applications to the Foreign Intel- nated in the agency of such senior agency offi- curity matters. ligence Surveillance Court, participate effec- cial. (3) To provide recommendations to the Presi- tively in counter-espionage investigations, pro- ‘‘(b) TIMING OF BRIEFINGS.—Briefings under dent for the identification, collection, and re- vide policy analysis on national security issues, subsection (a) with respect to a case shall view for declassification of information of ex- and enhance secure computer and telecommuni- occur— traordinary public interest that does not under- cations facilities— ‘‘(1) as soon as practicable after the Depart- mine the national security of the United States, (1) $7,000,000 for fiscal year 2001; ment of Justice and the United States attorney to be undertaken in accordance with a declas- (2) $7,500,000 for fiscal year 2002; and concerned determine that a prosecution or po- sification program that has been established or (3) $8,000,000 for fiscal year 2003. tential prosecution could result; and may be established by the President by Execu- (b) AVAILABILITY OF FUNDS.—(1) No funds au- ‘‘(2) at such other times thereafter as are nec- tive order. thorized to be appropriated by subsection (a) for essary to keep the senior agency official con- (4) To advise the President, the Assistant to the Office of Intelligence Policy and Review for cerned fully and currently informed of the sta- the President for National Security Affairs, the fiscal years 2002 and 2003 may be obligated or tus of the prosecution. Director of the Office of Management and expended until the date on which the Attorney ‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In Budget, and such other executive branch offi- General submits the report required by para- this section, the term ‘senior agency official’ has cials as the Board considers appropriate on poli- graph (2) for the year involved. the meaning given that term in section 1.1 of Ex- cies deriving from the issuance by the President (2)(A) The Attorney General shall submit to ecutive Order No. 12958.’’. of Executive orders regarding the classification the committees of Congress specified in subpara- and declassification of national security infor- graph (B) an annual report on the manner in SEC. 608. SEVERABILITY. mation. which the funds authorized to be appropriated If any provision of this title (including an (c) MEMBERSHIP.—(1) The Board shall be com- by subsection (a) for the Office of Intelligence amendment made by this title), or the applica- posed of nine individuals appointed from among Policy and Review will be used by that Office— tion thereof, to any person or circumstance, is (i) to improve and strengthen its oversight of held invalid, the remainder of this title (includ- citizens of the United States who are preeminent Federal Bureau of Investigation field offices in ing the amendments made by this title), and the in the fields of history, national security, for- the implementation of orders under the Foreign application thereof, to other persons or cir- eign policy, intelligence policy, social science, Intelligence Surveillance Act of 1978 (50 U.S.C. cumstances shall not be affected thereby. law, or archives, including individuals who have served in Congress or otherwise in the Fed- 1801 et seq.); and TITLE VII—DECLASSIFICATION OF eral Government or have otherwise engaged in (ii) to streamline and increase the efficiency of INFORMATION the application process under that Act. research, scholarship, or publication in such SEC. 701. SHORT TITLE. (B) The committees of Congress referred to in fields on matters relating to the national secu- this subparagraph are the following: This title may be cited as the ‘‘Public Interest rity of the United States, of whom— (i) The Select Committee on Intelligence and Declassification Act of 2000’’. (A) five shall be appointed by the President; the Committee on the Judiciary of the Senate. SEC. 702. FINDINGS. (B) one shall be appointed by the Speaker of (ii) The Permanent Select Committee on Intel- Congress makes the following findings: the House of Representatives; ligence and the Committee on the Judiciary of (1) It is in the national interest to establish an (C) one shall be appointed by the majority the House of Representatives. effective, coordinated, and cost-effective means leader of the Senate;

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00131 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.004 H11OC0 22288 CONGRESSIONAL RECORD—HOUSE October 11, 2000 (D) one shall be appointed by the minority staff of the Board may not use any information declassification goals set by statute, regulation, leader of the Senate; and acquired in the course of their official activities or policy, the agency’s progress with respect to (E) one shall be appointed by the minority on the Board for nonofficial purposes. such goals, and the agency’s planned goals and leader of the House of Representatives. (4) For purposes of any law or regulation gov- priorities for its declassification activities over (2)(A) Of the members initially appointed to erning access to classified information that per- the next two fiscal years. Agency briefings and the Board by the President— tains to the national security of the United reports shall give particular attention to (i) three shall be appointed for a term of four States, and subject to any limitations on access progress on the declassification of records and years; arising under section 706(b), and to facilitate materials that are of archival value or extraor- (ii) one shall be appointed for a term of three the advisory functions of the Board under this dinary public interest to the people of the years; and title, a member of the Board seeking access to a United States. (iii) one shall be appointed for a term of two record or material under this title shall be (2)(A) The annual briefing and report under years. deemed for purposes of this subsection to have a paragraph (1) for agencies within the Depart- (B) The members initially appointed to the need to know the contents of the record or mate- ment of Defense, including the military depart- Board by the Speaker of the House of Rep- rial. ments and the elements of the intelligence com- resentatives or by the majority leader of the (h) COMPENSATION.—(1) Each member of the munity, shall be provided on a consolidated Senate shall be appointed for a term of three Board shall receive compensation at a rate not basis. years. to exceed the daily equivalent of the annual (B) In this paragraph, the term ‘‘elements of (C) The members initially appointed to the rate of basic pay payable for positions at ES–1 Board by the minority leader of the House of the intelligence community’’ means the elements of the Senior Executive Service under section of the intelligence community specified or des- Representatives or the Senate shall be appointed 5382 of title 5, United States Code, for each day for a term of two years. ignated under section 3(4) of the National Secu- such member is engaged in the actual perform- rity Act of 1947 (50 U.S.C. 401a(4)). (D) Any subsequent appointment to the Board ance of duties of the Board. shall be for a term of three years. (2) Members of the Board shall be allowed (b) RECOMMENDATIONS ON AGENCY DECLAS- (3) A vacancy in the Board shall be filled in travel expenses, including per diem in lieu of SIFICATION PROGRAMS.—(1) Upon reviewing and the same manner as the original appointment. A subsistence at rates authorized for employees of discussing declassification plans and progress member of the Board appointed to fill a vacancy agencies under subchapter I of chapter 57 of with an agency, the Board shall provide to the before the expiration of a term shall serve for title 5, United States Code, while away from head of the agency the written recommendations the remainder of the term. their homes or regular places of business in the of the Board as to how the agency’s declas- (4) A member of the Board may be appointed performance of the duties of the Board. sification program could be improved. A copy of to a new term on the Board upon the expiration (i) GUIDANCE; ANNUAL BUDGET.—(1) On behalf each recommendation shall also be submitted to of the member’s term on the Board, except that of the President, the Assistant to the President the Assistant to the President for National Secu- no member may serve more than three full terms for National Security Affairs shall provide guid- rity Affairs and the Director of the Office of on the Board. ance on policy to the Board. Management and Budget. (d) CHAIRPERSON; EXECUTIVE SECRETARY.— (2) The Executive Secretary of the Board, (2) Consistent with the provisions of section (1)(A) The President shall designate one of the under the direction of the Chairperson of the 703(k), the Board’s recommendations to the head members of the Board as the Chairperson of the Board and the Board, and acting in consulta- of an agency under paragraph (1) shall become Board. tion with the Archivist of the United States, the public 60 days after such recommendations are (B) The term of service as Chairperson of the Assistant to the President for National Security sent to the head of the agency under that para- Board shall be two years. Affairs, and the Director of the Office of Man- graph. (C) A member serving as Chairperson of the agement and Budget, shall prepare the annual (c) RECOMMENDATIONS ON SPECIAL SEARCHES Board may be redesignated as Chairperson of budget of the Board. FOR RECORDS OF EXTRAORDINARY PUBLIC IN- the Board upon the expiration of the member’s (j) SUPPORT.—The Information Security Over- TEREST.—(1) The Board shall also make rec- term as Chairperson of the Board, except that sight Office may support the activities of the ommendations to the President regarding pro- no member shall serve as Chairperson of the Board under this title. Such support shall be posed initiatives to identify, collect, and review Board for more than six years. provided on a reimbursable basis. for declassification classified records and mate- (2) The Director of the Information Security (k) PUBLIC AVAILABILITY OF RECORDS AND RE- rials of extraordinary public interest. Oversight Office shall serve as the Executive PORTS.—(1) The Board shall make available for (2) In making recommendations under para- Secretary of the Board. public inspection records of its proceedings and graph (1), the Board shall consider the fol- (e) MEETINGS.—The Board shall meet as need- reports prepared in the course of its activities lowing: ed to accomplish its mission, consistent with the under this title to the extent such records and (A) The opinions and requests of Members of availability of funds. A majority of the members reports are not classified and would not be ex- Congress, including opinions and requests ex- of the Board shall constitute a quorum. empt from release under the provisions of sec- pressed or embodied in letters or legislative pro- (f) STAFF.—Any employee of the Federal Gov- tion 552 of title 5, United States Code. posals. ernment may be detailed to the Board, with the (2) In making records and reports available agreement of and without reimbursement to the under paragraph (1), the Board shall coordinate (B) The opinions and requests of the National detailing agency, and such detail shall be with- the release of such records and reports with ap- Security Council, the Director of Central Intel- out interruption or loss of civil, military, or for- propriate officials from agencies with expertise ligence, and the heads of other agencies. eign service status or privilege. in classified information in order to ensure that (C) The opinions of United States citizens. (g) SECURITY.—(1) The members and staff of such records and reports do not inadvertently (D) The opinions of members of the Board. the Board shall, as a condition of appointment contain classified information. (E) The impact of special searches on system- to or employment with the Board, hold appro- (l) APPLICABILITY OF CERTAIN ADMINISTRA- atic and all other on-going declassification pro- priate security clearances for access to the clas- TIVE LAWS.—The provisions of the Federal Advi- grams. sified records and materials to be reviewed by sory Committee Act (5 U.S.C. App.) shall not (F) The costs (including budgetary costs) and the Board or its staff, and shall follow the guid- apply to the activities of the Board under this the impact that complying with the rec- ance and practices on security under applicable title. However, the records of the Board shall be ommendations would have on agency budgets, Executive orders and Presidential or agency di- governed by the provisions of the Federal programs, and operations. rectives. Records Act of 1950. (G) The benefits of the recommendations. (2) The head of an agency shall, as a condi- SEC. 704. IDENTIFICATION, COLLECTION, AND RE- (H) The impact of compliance with the rec- tion of granting access to a member of the VIEW FOR DECLASSIFICATION OF IN- Board, the Executive Secretary of the Board, or FORMATION OF ARCHIVAL VALUE OR ommendations on the national security of the a member of the staff of the Board to classified EXTRAORDINARY PUBLIC INTEREST. United States. records or materials of the agency under this (a) BRIEFINGS ON AGENCY DECLASSIFICATION (d) PRESIDENT’S DECLASSIFICATION PRIOR- title, require the member, the Executive Sec- PROGRAMS.—(1) As requested by the Board, or ITIES.—(1) Concurrent with the submission to retary, or the member of the staff, as the case by the Select Committee on Intelligence of the Congress of the budget of the President each fis- may be, to— Senate or the Permanent Select Committee on cal year under section 1105 of title 31, United (A) execute an agreement regarding the secu- Intelligence of the House of Representatives, the States Code, the Director of the Office of Man- rity of such records or materials that is ap- head of any agency with the authority under an agement and Budget shall publish a description proved by the head of the agency; and Executive order to classify information shall of the President’s declassification program and (B) hold an appropriate security clearance provide to the Board, the Select Committee on priorities, together with a listing of the funds re- granted or recognized under the standard proce- Intelligence of the Senate, or the Permanent Se- quested to implement that program. dures and eligibility criteria of the agency, in- lect Committee on Intelligence of the House of (2) Nothing in this title shall be construed to cluding any special access approval required for Representatives, on an annual basis, a summary substitute or supersede, or establish a funding access to such records or materials. briefing and report on such agency’s progress process for, any declassification program that (3) The members of the Board, the Executive and plans in the declassification of national se- has been established or may be established by Secretary of the Board, and the members of the curity information. Such briefing shall cover the the President by Executive order.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00132 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22289 SEC. 705. PROTECTION OF NATIONAL SECURITY agency, determine that the interest of the agen- SEC. 709. DEFINITIONS. INFORMATION AND OTHER INFOR- cy in the protection of records or materials of In this title: MATION. the agency covered by such review, and still (1) AGENCY.—(A) Except as provided in sub- (a) IN GENERAL.—Nothing in this title shall be properly classified, outweighs the public’s need paragraph (B), the term ‘‘agency’’ means the construed to limit the authority of the head of for access to such records or materials, and may following: an agency to classify information or to continue deny release of such records or materials in ac- (i) An Executive agency, as that term is de- the classification of information previously clas- cordance with the provisions of Executive Order sified by that agency. fined in section 105 of title 5, United States 12958 or any successor order to such Executive Code. (b) SPECIAL ACCESS PROGRAMS.—Nothing in Order. (ii) A military department, as that term is de- this title shall be construed to limit the author- (e) REPORTS.—(1)(A) Except as provided in ity of the head of an agency to grant or deny paragraph (2), the Board shall annually submit fined in section 102 of such title. access to a special access program. to the appropriate congressional committees a (iii) Any other entity in the executive branch (c) AUTHORITIES OF DIRECTOR OF CENTRAL IN- report on the activities of the Board under this that comes into the possession of classified in- TELLIGENCE.—Nothing in this title shall be con- title, including summary information regarding formation. strued to limit the authorities of the Director of any denials to the Board by the head of an (B) The term does not include the Board. Central Intelligence as the head of the intel- agency or the head of a Federal Presidential li- (2) CLASSIFIED MATERIAL OR RECORD.—The ligence community, including the Director’s re- brary of access to records or materials under terms ‘‘classified material’’ and ‘‘classified sponsibility to protect intelligence sources and this title. record’’ include any correspondence, memo- methods from unauthorized disclosure as re- (B) In this paragraph, the term ‘‘appropriate randum, book, plan, map, drawing, diagram, quired by section 103(c)(6) of the National Secu- congressional committees’’ means the Select pictorial or graphic work, photograph, film, rity Act of 1947 (50 U.S.C. 403–3(c)(6)). Committee on Intelligence and the Committee on microfilm, sound recording, videotape, machine (d) EXEMPTIONS TO RELEASE OF INFORMA- Governmental Affairs of the Senate and the Per- readable records, and other documentary mate- TION.—Nothing in this title shall be construed to manent Select Committee on Intelligence and the rial, regardless of physical form or characteris- limit any exemption or exception to the release Committee on Government Reform of the House tics, that has been determined pursuant to Exec- to the public under this title of information that of Representatives. utive order to require protection against unau- is protected under subsection (b) of section 552 (2) Notwithstanding paragraph (1), notice thorized disclosure in the interests of the na- of title 5, United States Code (commonly referred that the Board has been denied access to records tional security of the United States. to as the ‘‘Freedom of Information Act’’), or sec- and materials, and a justification for the deter- (3) DECLASSIFICATION.—The term ‘‘declas- tion 552a of title 5, United States Code (com- mination in support of the denial, shall be sub- sification’’ means the process by which records monly referred to as the ‘‘Privacy Act’’). mitted by the agency denying the access as fol- or materials that have been classified are deter- (e) WITHHOLDING INFORMATION FROM CON- lows: mined no longer to require protection from un- GRESS.—Nothing in this title shall be construed (A) In the case of the denial of access to a authorized disclosure to protect the national se- to authorize the withholding of information special access program created by the Secretary curity of the United States. from Congress. of Defense, to the Committees on Armed Services (4) DONATED HISTORICAL MATERIAL.—The term SEC. 706. STANDARDS AND PROCEDURES. and Appropriations of the Senate and to the ‘‘donated historical material’’ means collections (a) LIAISON.—(1) The head of each agency Committees on Armed Services and Appropria- of personal papers donated or given to a Federal with the authority under an Executive order to tions of the House of Representatives. Presidential library or other archival repository classify information and the head of each Fed- (B) In the case of the denial of access to a under a deed of gift or otherwise. special access program created by the Director eral Presidential library shall designate an em- (5) FEDERAL PRESIDENTIAL LIBRARY.—The ployee of such agency or library to act as liaison of Central Intelligence, or by the head of any other agency (including the Department of De- term ‘‘Federal Presidential library’’ means a li- to the Board for purposes of this title. brary operated and maintained by the United (2) The Board may establish liaison and oth- fense) if the special access program pertains to intelligence activities, or of access to any infor- States Government through the National Ar- erwise consult with such other historical and chives and Records Administration under the advisory committees as the Board considers ap- mation and materials relating to intelligence sources and methods, to the Select Committee on applicable provisions of the Federal Records Act propriate for purposes of this title. of 1950. (b) LIMITATIONS ON ACCESS.—(1)(A) Except as Intelligence of the Senate and the Permanent (6) NATIONAL SECURITY.—The term ‘‘national provided in paragraph (2), if the head of an Select Committee on Intelligence of the House of security’’ means the national defense or foreign agency or the head of a Federal Presidential li- Representatives. relations of the United States. brary determines it necessary to deny or restrict (C) In the case of the denial of access to a spe- access of the Board, or of the agency or library cial access program created by the Secretary of (7) RECORDS OR MATERIALS OF EXTRAOR- liaison to the Board, to information contained Energy or the Administrator for Nuclear Secu- DINARY PUBLIC INTEREST.—The term ‘‘records or in a record or material, in whole or in part, the rity, to the Committees on Armed Services and materials of extraordinary public interest’’ head of the agency or the head of the library Appropriations and the Select Committee on In- means records or materials that— shall promptly notify the Board in writing of telligence of the Senate and to the Committees (A) demonstrate and record the national secu- such determination. on Armed Services and Appropriations and the rity policies, actions, and decisions of the (B) Each notice to the Board under subpara- Permanent Select Committee on Intelligence of United States, including— graph (A) shall include a description of the na- the House of Representatives. (i) policies, events, actions, and decisions ture of the records or materials, and a justifica- SEC. 707. JUDICIAL REVIEW. which led to significant national security out- tion for the determination, covered by such no- Nothing in this title limits the protection af- comes; and tice. forded to any information under any other pro- (ii) the development and evolution of signifi- (2) In the case of a determination referred to vision of law. This title is not intended and may cant United States national security policies, in paragraph (1) with respect to a special access not be construed to create any right or benefit, actions, and decisions; program created by the Secretary of Defense, substantive or procedural, enforceable against (B) will provide a significantly different per- the Director of Central Intelligence, or the head the United States, its agencies, its officers, or its spective in general from records and materials of any other agency, the notification of denial employees. This title does not modify in any publicly available in other historical sources; of access under paragraph (1), including a de- way the substantive criteria or procedures for and scription of the nature of the Board’s request for the classification of information, nor does this (C) would need to be addressed through ad access, shall be submitted to the Assistant to the title create any right or benefit subject to judi- hoc record searches outside any systematic de- President for National Security Affairs rather cial review. classification program established under Execu- than to the Board. SEC. 708. FUNDING. tive order. ISCRETION O ISCLOSE (c) D T D .—At the conclu- (a) AUTHORIZATION OF APPROPRIATIONS.— (8) RECORDS OF ARCHIVAL VALUE.—The term sion of a declassification review, the head of an There is hereby authorized to be appropriated to ‘‘records of archival value’’ means records that agency may, in the discretion of the head of the carry out the provisions of this title amounts as have been determined by the Archivist of the agency, determine that the public’s interest in follows: United States to have sufficient historical or the disclosure of records or materials of the (1) For fiscal year 2001, $650,000. other value to warrant their continued preserva- agency covered by such review, and still prop- (2) For each fiscal year after fiscal year 2001, tion by the Federal Government. erly classified, outweighs the Government’s need such sums as may be necessary for such fiscal to protect such records or materials, and may re- year. SEC. 710. EFFECTIVE DATE; SUNSET. lease such records or materials in accordance (b) FUNDING REQUESTS.—The President shall (a) EFFECTIVE DATE.—This title shall take ef- with the provisions of Executive Order 12958 or include in the budget submitted to Congress for fect on the date that is 120 days after the date any successor order to such Executive Order. each fiscal year under section 1105 of title 31, of the enactment of this Act. (d) DISCRETION TO PROTECT.—At the conclu- United States Code, a request for amounts for (b) SUNSET.—The provisions of this title shall sion of a declassification review, the head of an the activities of the Board under this title dur- expire four years after the date of the enactment agency may, in the discretion of the head of the ing such fiscal year. of this Act, unless reauthorized by statute.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00133 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.004 H11OC0 22290 CONGRESSIONAL RECORD—HOUSE October 11, 2000 TITLE VIII—DISCLOSURE OF INFORMA- SEC. 803. REQUIREMENT OF DISCLOSURE OF requests a Japanese Imperial Government record TION ON JAPANESE IMPERIAL GOVERN- RECORDS. shall be deemed to have a compelling need for MENT (a) RELEASE OF RECORDS.—Subject to sub- such record. sections (b), (c), and (d), the Japanese Imperial SEC. 801. SHORT TITLE. SEC. 805. EFFECTIVE DATE. Government Records Interagency Working This title may be cited as the ‘‘Japanese Impe- The provisions of this title shall take effect on Group shall release in their entirety Japanese rial Government Disclosure Act of 2000’’. the date that is 90 days after the date of the en- Imperial Government records. SEC. 802. DESIGNATION. actment of this Act. (b) EXEMPTIONS.—An agency head may ex- And the Senate agree to the same. (a) DEFINITIONS.—In this section: empt from release under subsection (a) specific From the Permanent Select Committee on (1) AGENCY.—The term ‘‘agency’’ has the information, that would— Intelligence, for consideration of the House meaning given such term under section 551 of (1) constitute an unwarranted invasion of per- bill and the Senate amendment, and modi- title 5, United States Code. sonal privacy; fications committed to conference: (2) INTERAGENCY GROUP.—The term ‘‘Inter- (2) reveal the identity of a confidential human PORTER J. GOSS, agency Group’’ means the Nazi War Crimes and source, or reveal information about an intel- JERRY LEWIS, Japanese Imperial Government Records Inter- ligence source or method when the unauthorized BILL MCCOLLUM, agency Working Group established under sub- disclosure of that source or method would dam- MICHAEL N. CASTLE, section (b). age the national security interests of the United SHERWOOD L. BOEHLERT, (3) JAPANESE IMPERIAL GOVERNMENT States; C.F. BASS, RECORDS.—The term ‘‘Japanese Imperial Gov- (3) reveal information that would assist in the JIM GIBBONS, ernment records’’ means classified records or development or use of weapons of mass destruc- portions of records that pertain to any person RAY LAHOOD, tion; HEATHER WILSON, with respect to whom the United States Govern- (4) reveal information that would impair JULIAN C. DIXON, ment, in its sole discretion, has grounds to be- United States cryptologic systems or activities; SANFORD D. BISHOP, Jr., lieve ordered, incited, assisted, or otherwise par- (5) reveal information that would impair the NORMAN SISISKY, ticipated in the experimentation on, and perse- application of state-of-the-art technology within GARY A. CONDIT, cution of, any person because of race, religion, a United States weapon system; TIM ROEMER, national origin, or political opinion, during the (6) reveal United States military war plans ALCEE L. HASTINGS, period beginning September 18, 1931, and ending that remain in effect; From the Committee on Armed Services, for on December 31, 1948, under the direction of, or (7) reveal information that would impair rela- consideration of defense tactical intelligence in association with— tions between the United States and a foreign and related activities: (A) the Japanese Imperial Government; government, or undermine ongoing diplomatic FLOYD SPENCE, (B) any government in any area occupied by activities of the United States; the military forces of the Japanese Imperial (8) reveal information that would impair the BOB STUMP, Government; current ability of United States Government of- IKE SKELTON, (C) any government established with the as- ficials to protect the President, Vice President, Managers on the Part of the House. sistance or cooperation of the Japanese Imperial and other officials for whom protection services RICHARD C. SHELBY, Government; or are authorized in the interest of national secu- RICHARD G. LUGAR, (D) any government which was an ally of the rity; JON KYL, Japanese Imperial Government. (9) reveal information that would impair cur- JAMES INHOFE, (4) RECORD.—The term ‘‘record’’ means a Jap- rent national security emergency preparedness ORRIN G. HATCH, anese Imperial Government record. plans; or PAT ROBERTS, (b) ESTABLISHMENT OF INTERAGENCY GROUP.— (10) violate a treaty or other international CONNIE MACK, (1) IN GENERAL.—Not later than 60 days after agreement. From the Committee on Armed Services: the date of the enactment of this Act, the Presi- (c) APPLICATIONS OF EXEMPTIONS.— JOHN WARNER, dent shall designate the Working Group estab- (1) IN GENERAL.—In applying the exemptions RICHARD H. BRYAN, lished under the Nazi War Crimes Disclosure Act provided in paragraphs (2) through (10) of sub- BOB GRAHAM, (Public Law 105–246; 5 U.S.C. 552 note) to also section (b), there shall be a presumption that JOHN F. KERRY, carry out the purposes of this title with respect the public interest will be served by disclosure MAX BAUCUS, to Japanese Imperial Government records, and and release of the records of the Japanese Impe- CHUCK ROBB, that Working Group shall remain in existence rial Government. The exemption may be asserted FRANK R. LAUTENBERG, for 3 years after the date on which this title only when the head of the agency that main- Managers on the Part of the Senate. takes effect. Such Working Group is redesig- tains the records determines that disclosure and JOINT EXPLANATORY STATEMENT OF nated as the ‘‘Nazi War Crimes and Japanese release would be harmful to a specific interest THE COMMITTEE OF CONFERENCE Imperial Government Records Interagency identified in the exemption. An agency head The managers on the part of the House and Working Group’’. who makes such a determination shall promptly the Senate at the conference on the dis- (2) MEMBERSHIP.—Section 2(b)(2) of such Act report it to the committees of Congress with ap- agreeing votes of the two Houses on the is amended by striking ‘‘3 other persons’’ and propriate jurisdiction, including the Committee amendment of the Senate to the bill (H.R. inserting ‘‘4 other persons who shall be members on the Judiciary and the Select Committee on 4392) to authorize appropriations for fiscal of the public, of whom 3 shall be persons ap- Intelligence of the Senate and the Committee on year 2001 for intelligence and the intel- pointed under the provisions of this Act in effect Government Reform and the Permanent Select ligence-related activities of the United on October 8, 1998.’’. Committee on Intelligence of the House of Rep- States government, the Community Manage- (c) FUNCTIONS.—Not later than 1 year after resentatives. ment Account, and the Central Intelligence the date of the enactment of this Act, the Inter- (2) APPLICATION OF TITLE 5.—A determination agency Group shall, to the greatest extent pos- by an agency head to apply an exemption pro- Agency Retirement and Disability System, sible consistent with section 803— vided in paragraphs (2) through (9) of sub- and for other purposes, submit the following (1) locate, identify, inventory, recommend for section (b) shall be subject to the same standard joint statement to the House and the Senate declassification, and make available to the pub- of review that applies in the case of records in explanation of the effect of the action lic at the National Archives and Records Admin- withheld under section 552(b)(1) of title 5, agreed upon by the managers and rec- istration, all classified Japanese Imperial Gov- United States Code. ommended in the accompanying conference report: ernment records of the United States; (d) RECORDS RELATED TO INVESTIGATIONS OR The managers agree that the congression- (2) coordinate with agencies and take such ac- PROSECUTIONS.—This section shall not apply to ally directed actions described in the House tions as necessary to expedite the release of such records— bill, the Senate amendment, the respective records to the public; and (1) related to or supporting any active or inac- committee reports, and classified annexes (3) submit a report to Congress, including the tive investigation, inquiry, or prosecution by the accompanying H.R. 4392 and S. 2507, should Committee on Government Reform and the Per- Office of Special Investigations of the Depart- be undertaken to the extent that such con- manent Select Committee on Intelligence of the ment of Justice; or House of Representatives, and the Committee on (2) solely in the possession, custody, or control gressionally directed actions are not amend- the Judiciary and the Select Committee on Intel- of the Office of Special Investigations. ed, altered, or otherwise specifically ad- ligence of the Senate, describing all such dressed in either this Joint Explanatory SEC. 804. EXPEDITED PROCESSING OF REQUESTS Statement or in the classified annex to the records, the disposition of such records, and the FOR JAPANESE IMPERIAL GOVERN- activities of the Interagency Group and agencies MENT RECORDS. conference report on the bill H.R. 4392. under this section. For purposes of expedited processing under REPORT OF THE NATIONAL COMMISSION ON (d) FUNDING.—There is authorized to be ap- section 552(a)(6)(E) of title 5, United States TERRORISM propriated such sums as may be necessary to Code, any person who was persecuted in the Pursuant to Public Law 105–277, the Na- carry out the provisions of this title. manner described in section 802(a)(3) and who tional Commission on Terrorism, chaired by

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former Ambassador L. Paul Bremer III, sub- TITLE I—INTELLIGENCE ACTIVITIES Subsection (b) authorizes 313 full-time per- mitted its report to Congress in June 2000. SEC. 101. AUTHORIZATION FOR APPROPRIATIONS sonnel for the Community Management The managers commend the Commission for Staff for fiscal year 2001 and provides that Section 101 of the conference report lists its effort and contribution on this critical such personnel may be permanent employees the departments, agencies, and other ele- issue. of the Staff or detailed from various ele- ments of the United States government for ments of the United States government. Many of the Commission’s findings strong- whose intelligence and intelligence-related Subsection (c) authorizes additional appro- ly support positions Congress has taken. The activities the Act authorizes appropriations priations and personnel for the CMA as spec- Commission report reinforces the assessment for fiscal year 2001. Section 101 is identical to ified in the classified Schedule of Authoriza- by Congress of the scope and evolving nature section 101 of the House bill and section 101 tions and permits these additional amounts of the international terrorist threat. The of the Senate amendment. Commission further highlights the man- to remain available through September 30, SEC. 102. CLASSIFIED SCHEDULE OF 2002. agers’ view that good intelligence is one of AUTHORIZATIONS the best tools against international ter- Subsection (d) requires that, except as pro- rorism, and that there is an urgent need to Section 102 of the conference report makes vided in Section 113 of the National Security rebuild the NSA. clear that the details of the amounts author- Act of 1947, or for temporary situations of ized to be appropriated for intelligence and less than one year, personnel from another The Commission determined that some intelligence-related activities and applicable element of the United States government be policies and other restrictions are hindering personnel ceilings covered under this title detailed to an element of the CMA on a reim- efforts to counter terrorism. For example, for fiscal year 2001 are contained in a classi- bursable basis. the Commission highlighted—with concern— fied Schedule of Authorizations. The classi- Subsection (e) authorizes $34,100,000 of the the complex manner in which the Justice De- fied Schedule of Authorizations is incor- amount authorized in subsection (a) to be partment implements the Foreign Intel- porated into the Act by this section. The made available for the National Drug Intel- ligence Surveillance Act (FISA). It noted, Schedule of Authorizations shall be made ligence Center (NDIC). Subsection (e) re- however, that the Attorney General man- available to the Committees on Appropria- quires the DCI to transfer these funds to the aged to streamline the Department’s proc- tions of the Senate and House of Representa- Department of Justice to be used for NDIC esses for considering FISA warrants-still in a tives and to the President. The classified activities under the authority of the Attor- manner fully consistent with the law-in annex provides the details of the Schedule. ney General and subject to section 103(d)(1) order to address the myriad terrorist threats Section 102 is identical to section 102 of the of the National Security Act. Subsection (e) during the millennium period. The Commis- House bill and section 102 of the Senate is similar to subsection (e) of the House bill sion noted that the United States govern- amendment. and subsection (e) of the Senate amendment. ment was much more effective in pursuing SEC. 103. PERSONNEL CEILING ADJUSTMENTS The managers note that since Fiscal Year terrorists during that period. The managers 1997 the Community Management Account appreciate the Commission’s support for the Section 103 of the conference report au- thorizes the Director of Central Intelligence, has included authorization for appropria- efforts of all involved in countering the mil- tions for the National Drug Intelligence Cen- lennium threats. with the approval of the Director of the Of- fice of Management and Budget, in fiscal ter (NDIC). Over that time, the funding level The Commission recommended the elimi- year 2001 to authorize employment of civil- for the NDIC has remained unchanged. The nation of the 1995 DCI guidelines requiring ian personnel in excess of the personnel ceil- committees periodically have expressed con- approvals from CIA headquarters before ter- ings applicable to the components of the In- cern about the effectiveness of NDIC and its rorist informants who have human rights telligence Community under section 102 by ability to fulfill the role for which it was cre- violations in their background can be re- an amount not to exceed two percent of the ated. The managers are encouraged, how- cruited. The rationale stated by the Commis- total of the ceilings applicable under section ever, by the NDIC’s recent improved per- sioners was that it should be understood by 102. The Director of Central Intelligence may formance and by the refocused role for the all in the Intelligence Community that ag- exercise this authority only if necessary to organization, which was outlined in the Ad- gressive recruitment of human intelligence the performance of important intelligence ministration’s General Counterdrug Intel- sources is one of the highest priorities. The functions. Any exercise of this authority ligence Plan earlier this year. The managers managers share this priority, and will con- must be reported to the intelligence commit- agree to provide $7.1 million over the re- tinue to examine the implementation of tees of the Congress. quested amount for the NDIC and instruct these important guidelines. The managers The managers emphasize that the author- the Director of the NDIC to provide a spend- are concerned, however, that there may be ity conferred by section 103 is not intended ing plan to the intelligence committees and intangible impediments to recruitment of to permit wholesale increases in personnel to the appropriations committees within 90 such terrorist informants. For instance, strength in any intelligence component. days of enactment of this Act. there may be some in CIA headquarters who Rather, the section provides the Director of SEC. 105. TRANSFER AUTHORITY OF THE believe that Congress and the American pub- Central Intelligence with flexibility to ad- DIRECTOR OF CENTRAL INTELLIGENCE lic will not support a CIA relationship with just personnel levels temporarily for contin- Section 105 is identical to Section 105 of a ‘‘terrorist organization insider,’’ or close gencies and for overages caused by an imbal- associates of terrorists, even though such the House bill. The Senate amendment had ance between hiring of new employees and no similar provision. The Senate recedes. persons may often be in the best or only po- attrition of current employees. The man- sition to provide valuable counterterrorism agers do not expect the Director of Central TITLE II—CENTRAL INTELLIGENCE AGENCY intelligence. The managers applaud the de- Intelligence to allow heads of intelligence RETIREMENT AND DISABILITY SYSTEM termined effort of the CIA to ensure that all components to plan to exceed levels set in SEC. 201. AUTHORIZATION OF APPROPRIATIONS case officers understand the commitment of the Schedule of Authorizations except for Section 201 is identical to Section 201 of the Agency to the recruitment of persons the satisfaction of clearly identified hiring the Senate amendment and section 201 of the with access to information on terrorist orga- needs that are consistent with the authoriza- House bill. nizations or access to the organizations tion of personnel strengths in this bill. In no TITLE III—GENERAL PROVISIONS themselves. The managers also insist that case is this authority to be used to provide appropriate recruitment of such sources re- for positions denied by this bill. Section 103 Subtitle A—Intelligence Community ceives the continued and necessary support is identical to section 103 of the House bill SEC. 301. INCREASE IN EMPLOYEE COMPENSATION from CIA management at all levels. and section 103 of the Senate amendment. AND BENEFITS AUTHORIZED BY LAW Unquestionably, a robust and effective in- SEC. 104. COMMUNITY MANAGEMENT ACCOUNT Section 301 is identical to section 301 of the telligence effort will, from time to time, re- Section 104 of the conference report au- Senate amendment and section 301 of the quire U.S. interaction with extremely dan- thorizes appropriations for the Community House bill. gerous and truly unsavory characters. After Management Account (CMA) of the Director SEC. 302. RESTRICTION ON CONDUCT OF all, it is an unfortunate matter of fact that of Central Intelligence (DCI) and sets the INTELLIGENCE ACTIVITIES individuals with reputable backgrounds rare- personnel end-strength for the Intelligence Section 302 is identical to section 302 of the ly yield the key intelligence leads that are Community management staff for fiscal year critical to the counterterrorist efforts of the Senate amendment and section 302 of the 2001. House bill. United States. Subsection (a) authorizes appropriations of The managers strongly support an aggres- $163, 231,000 for fiscal year 2001 for the activi- SEC. 303. SENSE OF THE CONGRESS ON INTEL- sive counterterrorism program, and urge all ties of the CMA of the DCI. This amount in- LIGENCE COMMUNITY CONTRACTING intelligence officers to continue their heroic cludes funds identified for the Advanced Re- Section 303 is identical to section 303 of the efforts to deter terrorist activities against search and Development Committee and the House bill. The Senate amendment had no U.S. citizens and interests at home and Advanced Technology Group, which shall re- similar provision. The Senate recedes to the around the world. main available until September 30, 2002. House provision.

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SEC. 304. PROHIBITION ON UNAUTHORIZED DIS- SEC. 306. UPDATE OF REPORT ON EFFECTS OF tives. The Director needs the flexibility to CLOSURE OF CLASSIFIED INFORMATION FOREIGN ESPIONAGE ON U.S. institute whatever personnel changes he Section 304 is identical to section 303 of the Section 306 is similar to Section 306 of the deems necessary if NSA modernization is to be successful. This provision will give him Senate amendment. The House bill had no House bill. The Senate amendment had no that needed flexibility. This section is mod- similar provision. The House recedes. similar provision. The Senate recedes, with technical amendment. eled after the CIA Voluntary Separation Pay Unauthorized disclosures of sensitive intel- Act (Public Law 103–36). SEC. 307 POW/MIA ANALYTIC CAPABILITY IN THE ligence information are of great concern. The managers understand that such au- INTELLIGENCE COMMUNITY Such disclosures, regardless of whether they thority could be seen as setting a precedent, involve an intelligence ‘‘success’’ or ‘‘fail- Section 307 is similar to Section 304 of the and that other agencies may wish to have ure,’’ can compromise irreplaceable sources Senate amendment. The House bill had no such authorities as well. In the managers’ and methods, and in some cases, can directly similar provision. The House recedes, with view, the situation at NSA is unique, not endanger lives. technical modifications. only in the enormity of the task of mod- The managers note that the current Execu- SEC. 308. APPLICABILITY TO LAWFUL UNITED ernization, but also in the direct impact on tive Order governing classified national se- STATES INTELLIGENCE ACTIVITIES OF FED- national security should NSA modernization curity information (E.O. 12958) requires that, ERAL LAWS IMPLEMENTING INTERNATIONAL fail. Therefore, the managers believe that in order to classify information, the original TREATIES AND AGREEMENTS this is a necessary step to take for the spe- classifying authority must determine that Section 308 is identical to Sec. 305 of the cific circumstance confronting the NSA. unauthorized disclosure of the information Senate amendment. The House had no simi- Subtitle B—Diplomatic Telecommunications reasonably could be expected to result in lar provision. The House recedes. Service Program Office (DTS–PO) damage to the national security and the The managers note that section 308 applies SEC. 321. REORGANIZATION OF DIPLOMATIC TELE- original classification authority must be only to intelligence activities of the United COMMUNICATIONS SERVICE PROGRAM OFFICE able to identify or describe the damage. The States. By its clear terms, this provision Section 321 reorganizes the Diplomatic managers further note that the current Ex- deals solely with the application of U.S. law Telecommunications Service Program Office ecutive Order specifically prohibits the clas- to U.S. intelligence activities. Unquestion- (DTS–PO). The managers agree that the cur- sification of information in order to conceal ably, it does not address the issue of the law- rent DTS–PO management and Diplomatic violations of law, inefficiency, or adminis- fulness of such activities under the laws of Telecommunication Service (DTS) oper- trative error or to prevent embarrassment to foreign countries. It is also not meant to ations structure is fundamentally flawed and the government. suggest that a person violating the laws of believe that a new construct for managing It is the intent of the managers that the the United States may claim any authoriza- the DTS is necessary. They further agree government may meet its burden of proof tion from a foreign government as justifica- that retaining the current DTS–PO organiza- under this statute by proving that the infor- tion for a violation of a U.S. law, or as a de- tion, but with a new management approach, mation was classified under the applicable fense in a prosecution for such violation. is the best means for improving DTS support statute or Executive Order. The government SEC. 309. LIMITS ON HANDLING, RETENTION, AND to all U.S. government users. Funding has should not be required to prove that damage STORAGE OF CERTAIN CLASSIFIED MATERIALS been authorized in this legislation for the to the national security actually has or will BY THE DEPARTMENT OF STATE purposes of overhauling the DTS–PO man- result from the unauthorized disclosure. Section 309 is identical to Section 306 of agement and correcting communications and Subsection (c)(2) is not intended by the man- the Senate amendment. The House addressed security deficiencies within the DTS. agers to create a defense based on a tech- this issue in the classified annex to the re- The current organizational structure re- quires that both the DTS–PO Director and nical error in the classification markings, or port accompanying the bill H.R. 4392, but had Deputy Director concur on technical, fund- the lack thereof, or to create a right of the no similar statutory proposal. The House re- ing, and operational issues before actions defendant to dispute the propriety of the cedes. President’s classification decision. The man- can be taken. This management-by-con- agers believe that requiring the government SEC. 310. DESIGNATION OF DANIEL PATRICK sensus approach abrogates the authority of to prove that the classified information is or MOYNIHAN PLACE the Director to make final decisions. It is has been properly classified under an appli- Section 310 is nearly identical to Section clear to the managers that this management cable statute or Executive Order strikes the 309 of the Senate amendment. The House had approach is not working, and that the parent appropriate balance between protecting only no similar provision. The House recedes, organizations inherently lack the ability, that information that would damage the na- with technical amendments. The managers and the will, to work together to resolve tional security if disclosed and not creating agreed to technical modifications pertaining their mutual DTS issues of concern. Further, a burden of proof that is so great that the to the exact description and location of the it is clear to the managers that the Office of government could never meet its burden parcel of land in Washington, D.C., to be des- Management and Budget has been frustrated without having to disclose unnecessarily ad- ignated in honor of the retiring senior Sen- in its obligations to ensure that executive ditional classified information. ator from the State of New York. branch organizations work together. Of sig- SEC. 311. NATIONAL SECURITY AGENCY nificant concern is that, as currently oper- SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY VOLUNTARY SEPARATION PAY ACT ated, DTS–PO has exhibited substantial COMMON CARRIER Neither the House bill nor the Senate interruptions in service and presents serious Section 305 is similar to Section 304 of the amendment contained similar provisions. security concerns for the protection of sen- House bill. The Senate amendment had no Section 311 establishes the ‘‘National Secu- sitive government communications. Because similar provision. The Senate recedes, with rity Agency Voluntary Separation Act.’’ of these concerns, the managers, and the amendment. This provision grants to the Director of the Chairmen and Ranking Minority Members of Section 4(b)(3) of the CIA Act of 1949, as National Security Agency (NSA) the author- the other committees of jurisdiction, believe amended, provides the DCI with authority to ity to establish a program for early retire- that a new management structure for DTS– promulgate regulations governing travel re- ment and voluntary separation pay for NSA PO is required and decidedly overdue. Simi- quirements for CIA officers and other federal employees. The provision allows the Director larly, they are of the view that a transition government employees or members of the to either offer early retirement for employ- to a more modern and effective tele- Armed Services detailed to the CIA. ees who are at least 50 years of age and have communications system, based on commer- Subject to regulation, CIA employees and 20 years of service, or who have at least 25 cial best-business practices, is warranted. detailees to the CIA may be permitted to use years of service, regardless of age. The Direc- SEC. 322. CHIEF EXECUTIVE OFFICER AND OTHER non-American-flag airlines when it is deter- tor is also permitted to offer $25,000 in sepa- DTS–PO PERSONNEL mined to be essential to satisfy mission re- ration pay to eligible applicants. The Direc- Section 322 establishes the position of quirements. The managers believe that this tor is empowered to deny an employee’s ap- Chief Executive Officer (CEO) and a DTS type of flexibility is necessary for other per- plication for benefit under this section. board of directors. The CEO is to be ulti- sonnel of the Intelligence Community car- The NSA is in a unique period of transi- mately responsible for the management of rying out intelligence community mission tion, the success of which will affect the the DTS–PO and operation of the DTS. The requirements, given the nature of the work overall capabilities of the Intelligence Com- managers direct the OMB to recruit and hire of the Intelligence Community. This provi- munity for the next several decades. The Di- a communications professional from outside sion is not intended to supersede the CIA’s rector of Central Intelligence has claimed the DTS–PO and the U.S. government for ap- current regulation relating to this matter. that the modernization of NSA is his number pointment as the CEO. This appointment is Rather, it is a complementary provision one priority. There are several aspects to the to be made no later than May 1, 2001. The meant to ensure an appropriate level of lati- NSA modernization effort that range from CEO is granted the authorities necessary for tude to the Intelligence Community to carry overhauling technical collection, to restruc- managing, ensuring funding for, and oper- out the critically important activities in turing acquisition, to new personnel pro- ating the DTS, the DTS–PO, and their per- pursuit and defense of the national security. grams, including major outsourcing initia- sonnel. It is the managers’ intent that the

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CEO will be the final decision authority for SEC. 324. REPORTING REQUIREMENTS AND opposed to an investigation, inspection, or implementing necessary changes to the DTS, GENERAL PROVISIONS audit of the office that the official heads, and for managing all communications, tech- Section 324 requires that the Director of with only incidental references to the offi- nology, and security upgrades to satisfy DTS the OMB submit a report to the oversight cial. United States user requirements. The man- committees not later than March 1, 2001. SEC. 404. DETAIL OF EMPLOYEES TO THE agers further direct the CEO to certify that This report shall provide details on steps NATIONAL RECONNAISSANCE OFFICE the operational and security requirements taken by the executive branch to restructure Section 404 is identical to Section 404 of and practices of DTS conform to the highest DTS–PO’s management, to enhance the secu- the Senate amendment. The House had no security requirements and practices required rity practices of agencies participating in similar provision. The House recedes. The by any U.S. government agency utilizing the the DTS, and to develop a spending plan for managers request that the DCI supply the in- DTS. the additional funds provided for the oper- telligence committees with a report to be Consistent with Section 305 of the ‘‘Admi- ation and improvement of DTS for fiscal submitted annually, beginning October 1, ral James W. Nance and Meg Donovan For- year 2001. 2001, that includes the number of detailees eign Relations Authorization Act, Fiscal The managers have determined that the assigned pursuant to this provision and a de- Years 2000 and 2001’’ (section 305 of appendix most flexible procurement authority avail- scription of the positions filled by the G of Public Law 106–113), the CEO shall: (1) able to DTS–PO users shall be available to detailees. ensure that those enhancements of, and the the DTS–PO. The notification requirements provision of service for, telecommunications SEC. 405. TRANSFERS OF FUNDS TO OTHER of sections 502, 504, and 505 of the National AGENCIES FOR ACQUISITION OF LAND capabilities that involve the national secu- Security Act of 1947, as amended (50 U.S.C. Section 405 is similar to Section 405 of the rity interests of the United States receive 413a, 414, and 415, respectively) shall apply to Senate amendment. The House had no simi- the highest prioritization; (2) confirm the DTS–PO, the CEO, and the Board. lar provision. The House recedes, with a termination of all leases for satellite sys- It is the intent of Congress that the CEO technical amendment. tems located at posts in criteria countries, shall have total and immediate insight into unless all maintenance and servicing of the the complete operations of current and fu- SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOY- satellite system is undertaken by United ture DTS–PO and DTS operations. The man- EES FOR REIMBURSEMENT FOR PROFESSIONAL States citizens who have received appro- agers expect the Secretary of State and the LIABILITY INSURANCE priate security clearances; and (3) implement head of the other agency users to ensure this Section 406 is identical to Section 406 of a system of charges for utilization of band- access. Likewise, Congress intends that the the Senate amendment. The House had no width by all participating agencies, and in- CEO can request the assistance of the Inspec- similar provision. The House recedes. stitute a comprehensive charge-back system tors General of any agency user of the DTS TITLE V—DEPARTMENT OF DEFENSE to recover all, or substantially all, of the and DTS–PO. The CEO should receive all re- INTELLIGENCE ACTIVITIES other costs of telecommunications services ports from the IGs that relate to security of SEC. 501. CONTRACTING AUTHORITY FOR THE provided through the DTS to each agency. applicable overseas facilities and the DTS. Beginning August 1, 2001, and every six NATIONAL RECONNAISSANCE OFFICE It is the intent of Congress that the Sec- months thereafter, the CEO shall submit a Section 501 is similar to Section 502 of the retary of State, and the head of any other report to the oversight committees regard- House bill. The Senate amendment had no agency user of DTS, shall support the deci- ing the activities of DTS–PO during the pre- similar provision. The Senate recedes, with a sions and recommendations of the CEO in ceding six months, the current capabilities technical amendment. keeping with the current operation and tran- of DTS–PO, and the priorities of DTS–PO for sition of the DTS system. The CEO is ex- SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTEL- the subsequent six month period. The semi- pected to report any difficulties or obstacles LIGENCE IN EXPERIMENTAL PERSONNEL PRO- annual report shall include a discussion of presented by the agency users of the DTS in GRAM FOR CERTAIN SCIENTIFIC AND TECH- any administrative, budgetary, legislative, the implementation of these provisions. NICAL PERSONNEL or management issues that hinder the abil- Section 502 is identical to Section 502 of TITLE IV—CENTRAL INTELLIGENCE AGENCY ity of DTS–PO to fulfill its mandate. the Senate amendment. The House had no Upon the appointment of a CEO on May 1, SEC. 401. MODIFICATIONS TO CENTRAL INTEL- similar provision. The House recedes. 2001, the current positions of Director and LIGENCE AGENCY’S CENTRAL SERVICE PRO- SEC. 503. MEASUREMENT AND SIGNATURE Deputy Director of DTS–PO shall be elimi- GRAM INTELLIGENCE nated. To assist the CEO, and to perform Section 401 is similar to Section 401 of the Section 503 is identical to Section 506 of such duties as the CEO may require, there House bill and Section 403 of the Senate the Senate amendment. The House had no shall be two Deputy Executive Officers. The Amendment. The Senate recedes, with a similar provision. The House recedes. DTS–PO management staff will consist of technical modification. not more than four other employees. The Di- There is concern among the managers re- TITLE VI—COUNTERINTELLIGENCE MATTERS rector of the Office of Management and lating to the costs levied by the Central THE ‘‘COUNTERINTELLIGENCE REFORM ACT OF Budget (OMB) shall prescribe the rates of Services Program upon the Langley Chil- 2000’’ basic pay for the CEO, the two Deputy Exec- dren’s Center. These costs, for various and Title VI includes Title VI of the Senate utive Officers, and any other DTS–PO em- miscellaneous items or services provided by amendment. This language is similar to S. ployees. the Central Services Program to the non- 2089, introduced on February 24, 2000. The bill SEC. 323. DIPLOMATIC TELECOMMUNICATIONS profit Center, seem overly burdensome. The was reported by the Senate Select Com- SERVICE OVERSIGHT BOARD Center is of great utility to the dedicated mittee on Intelligence on July 20, 2000 (S. Section 323 establishes a Diplomatic Tele- and hard-working parents employed by the Report No. 106–352). The Senate Judiciary communications Service Oversight Board CIA. It is the expectation of the managers Committee had previously acted favorably (‘‘the Board’’). The Board shall perform an that the Central Services Program, in an ef- upon the bill. The House had no similar pro- oversight function with respect to DTS, fort to recoup costs, would not impose costs vision. The House recedes, with minor modi- DTS–PO, and the CEO. Specifically, the that would have an adverse impact on the fications. Board shall be empowered to review and ap- continuity of the services provided by the Title VI, as passed by the Senate on Octo- prove: overall strategies, policies and goals Langley Children’s Center. ber 2, 2000, included a limitation on the obli- established by DTS–PO; financial plans, SEC. 402. TECHNICAL CORRECTIONS gation and expenditure of funds authorized budgets and periodic financing requests de- to be appropriated for fiscal year 2001 for the The House bill and the Senate amendment veloped by DTS–PO; overall performance rel- Office of Intelligence Policy and Review contained similar provisions. The Senate re- ative to approved budget plans; any DTS–PO (OIPR) within the Department of Justice cedes to the House, with technical modifica- reports, documents, and records; and audits until two reports were submitted to the ap- tions. of DTS–PO. The CEO will be responsible to propriate committees. These reports were to this three-member board, which will be SEC. 403. EXPANSION OF INSPECTOR GENERAL AC- describe the use to which the funds would be chaired by the Deputy Director of OMB. The TIONS REQUIRING A REPORT TO CONGRESS put in order to improve the efficiency of the two other board members shall be appointed Section 403 is similar to Section 401 of the FBI and the OIPR in the application and im- by the President, as indicated in the classi- Senate amendment. The House had no simi- plementation process under the Foreign In- fied annex to this bill. Decisions and direc- lar provision. The House recedes, with tech- telligence Surveillance Act. In anticipation tives of the Board shall require a majority nical modifications. of passage of the Senate amendment, the De- vote of the Board. Although the Board will The conferees intend that this additional partment of Justice submitted a draft exercise oversight of, and provide manage- reporting requirement identified in the new version of the required reports to the con- ment direction to, the CEO, the managers Section 17(d)(3)(B) will arise when an inves- gressional committees. Given the prompt re- have authorized the CEO to control the day- tigation, inspection, or audit carried out by sponse, the limitation for the obligation and to-day management and operations of DTS– the Inspector General focuses upon the offi- expenditure of fiscal year 2001 funds is re- PO and the DTS. cial identified in (i) or (ii), specifically, as moved. The managers have left in place,

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PUBLICATION OF ACT. fiscal years 2002 and 2003, pending the receipt cided this was the most cost-effective ap- In publishing this Act in slip form and in the of the recurring annual report required by proach, rather than establishing a new inter- United States Statutes at Large pursuant to sec- section 606(b)(2). agency working group. tion 112 of title 1, United States Code, the Archi- TITLE VII—DECLASSIFICATION OF From the Permanent Select Committee on vist of the United States shall include after the INFORMATION Intelligence, for consideration of the House date of approval an appendix setting forth the provisions referred to in section 1. ‘‘THE PUBLIC INTEREST DECLASSIFICATION ACT’’ bill and the Senate amendment, and modi- fications committed to conference: Title VII includes Title VIII of the Senate And the Senate agree to the same. PORTER J. GOSS, amendment. This title was based on the bills JERRY LEWIS, HENRY HYDE, H.R. 3152 and S. 1801, introduced in the House BILL MCCOLLUM, GEORGE W. GEKAS, and Senate in the 106th Congress, respec- MICHAEL N. CASTLE, DICK ARMEY, tively. The House had no similar provision. SHERWOOD L. BOEHLERT, Managers on the Part of the House. The House recedes, with technical amend- C.F. BASS, ments. JESSE HELMS, JIM GIBBONS, Section 701 states that the title may be RICHARD G. LUGAR, RAY LAHOOD, cited as the ‘‘Public Interest Declassification ROD GRAMS, HEATHER WILSON, Act of 2000.’’ Section 702 makes findings con- JOE BIDEN, JULIAN C. DIXON, cerning the importance of public access to Managers on the Part of the Senate. SANFORD D. BISHOP, Jr., information that does not require continued JOINT EXPLANATORY STATEMENT OF NORMAN SISISKY, protection to maintain the national security GARY A. CONDIT, THE COMMITTEE OF CONFERENCE interests of the United States. Section 703 TIM ROEMER, The managers on the part of the House and establishes a nine-person board to advise the ALCEE L. HASTINGS, the Senate at the conference on the dis- President and other senior executive branch From the Committee on Armed Services, for agreeing votes of the two Houses on the officials on classification and declassifica- consideration of defense tactical intelligence amendment of the Senate to the bill (H.R. tion policies, particularly on policies con- and related activities: 2415) an Act to enhance security of United cerning the systematic, thorough, coordi- FLOYD SPENCE, States missions and personnel overseas, to nated, and comprehensive review for declas- BOB STUMP, authorize appropriations for the Department sification of records and materials that are IKE SKELTON, of State for fiscal year 2000, and for other of archival value, including records and ma- Managers on the Part of the House. purposes, submit the following joint state- terials of extraordinary public interest. The ment to the House and the Senate in expla- RICHARD C. SHELBY, Board is also charged with promoting the nation of the effect of the action agreed upon RICHARD G. LUGAR, fullest possible public access to a thorough, by the managers and recommended in the ac- JON KYL, accurate, and reliable documentary record of companying conference report: JAMES INHOFE, significant US national security decisions The Senate amendment struck out all of ORRIN G. HATCH, and significant US national security activi- the House bill after the enacting clause and PAT ROBERTS, ties. inserted a substitute text. CONNIE MACK, Section 704 sets forth the requirement that The House recedes from its disagreement From the Committee on Armed Services: heads of agencies with the authority to clas- to the amendment of the Senate with an JOHN WARNER, sify information must brief the Board on an amendment which is a substitute for the RICHARD H. BRYAN, annual basis, at the request of the Board or House bill and the Senate amendment. BOB GRAHAM, the intelligence oversight committees, on The conference agreement would enact the JOHN F. KERRY, such agency’s declassification policies and provision of S. 3186 of the 106th Congress, as MAX BAUCUS, practices. The Board is to provide the agency introduced on October 11, 2000. The text of CHUCK ROBB, with its recommendations on how the agen- that bill follows: cy’s declassification program could be im- FRANK R. LAUTENBERG, Managers on the Part of the Senate. SECTION 1. SHORT TITLE; REFERENCES; TABLE proved. The Board is also responsible for OF CONTENTS. making recommendations to the President f (a) SHORT TITLE.—This Act may be cited as on initiatives to identify, collect, and review CONFERENCE REPORT ON H.R. 2415, the ‘‘Bankruptcy Reform Act of 2000’’. for declassification classified records and BANKRUPTCY REFORM ACT OF 2000 (b) TABLE OF CONTENTS.—The table of con- materials of extraordinary public interest. tents for this Act is as follows: The section also requires the Director of the Mr. GEKAS (during the Special Order Sec. 100. Short title; references; table of con- Office of Management and Budget to publish of Mr. SCHAFFER) submitted the fol- tents. a description of the President’s declassifica- lowing conference report and state- TITLE I—NEEDS-BASED BANKRUPTCY tion program and priorities, together with a ment on the bill (H.R. 2415) to enhance Sec. 101. Conversion. listing of funds requested to implement that security of United States missions and program, concurrent with the submission to Sec. 102. Dismissal or conversion. Congress of the President’s budget each fis- personnel overseas, to authorize appro- Sec. 103. Sense of Congress and study. cal year. priations for the Department of State Sec. 104. Notice of alternatives. Sections 705, 706, and 707 set forth the for fiscal year 2000, and for other pur- Sec. 105. Debtor financial management training standards governing access to and protection poses: test program. of national security information and other CONFERENCE REPORT (H. REPT. 106–970) Sec. 106. Credit counseling. Sec. 107. Schedules of reasonable and necessary information covered under this title. Section The committee of conference on the dis- expenses. 708 provides an authorization of appropria- agreeing votes of the two Houses on the tions for the Board. Section 709 sets forth amendment of the Senate to the bill (H.R. TITLE II—ENHANCED CONSUMER definitions of the terms used in Title VII. 2415), an Act to enhance security of United PROTECTION The effective date of Title VII is 120 days States missions and personnel overseas, to Subtitle A—Penalties for Abusive Creditor after the date of enactment of the Act. The authorize appropriations for the Department Practices provisions of the title expire four years after of State for fiscal year 2000, and for other Sec. 201. Promotion of alternative dispute reso- the date of enactment of the Act. purposes, having met, after full and free con- lution. TITLE VIII—DISCLOSURE OF INFORMATION ON ference, have agreed to recommend and do Sec. 202. Effect of discharge. JAPANESE IMPERIAL GOVERNMENT recommend to their respective Houses as fol- Sec. 203. Discouraging abuse of reaffirmation lows: THE ‘‘NAZI WAR CRIMES AND JAPANESE IMPE- practices. That the House recede from its disagree- RIAL GOVERNMENT DISCLOSURE ACT OF 2000’’ ment to the amendment of the Senate and Subtitle B—Priority Child Support Title VIII is similar to title VII of the Sen- agree to the same with an amendment as fol- Sec. 211. Definition of domestic support obliga- ate amendment, which was identical to the lows: tion. language of H.R. 3561 and S. 1902. The House In lieu of the matter proposed to be in- Sec. 212. Priorities for claims for domestic sup- had no similar provision. The House recedes, serted by the Senate amendment, insert the port obligations. with modifications. following: Sec. 213. Requirements to obtain confirmation The modifications require that the inter- SECTION 1. ENACTMENT OF BANKRUPTCY RE- and discharge in cases involving agency working group established pursuant FORM ACT OF 2000. domestic support obligations. to the Nazi War Crimes Disclosure Act of The provisions of S. 3186 of the 106th Con- Sec. 214. Exceptions to automatic stay in do- 1999 (P.L. 105–246) be expanded and assigned gress, as introduced on October 11, 2000, are mestic support obligation pro- the responsibility of also carrying out the re- hereby enacted into law. ceedings.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00138 Fmt 0688 Sfmt 6343 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22295 Sec. 215. Nondischargeability of certain debts Sec. 402. Meetings of creditors and equity secu- Sec. 710. Periodic payment of taxes in chapter for alimony, maintenance, and rity holders. 11 cases. support. Sec. 403. Protection of refinance of security in- Sec. 711. Avoidance of statutory tax liens pro- Sec. 216. Continued liability of property. terest. hibited. Sec. 217. Protection of domestic support claims Sec. 404. Executory contracts and unexpired Sec. 712. Payment of taxes in the conduct of against preferential transfer mo- leases. business. tions. Sec. 405. Creditors and equity security holders Sec. 713. Tardily filed priority tax claims. Sec. 218. Disposable income defined. committees. Sec. 714. Income tax returns prepared by tax Sec. 219. Collection of child support. Sec. 406. Amendment to section 546 of title 11, authorities. Sec. 220. Nondischargeability of certain edu- United States Code. Sec. 715. Discharge of the estate’s liability for cational benefits and loans. Sec. 407. Amendments to section 330(a) of title unpaid taxes. Subtitle C—Other Consumer Protections 11, United States Code. Sec. 716. Requirement to file tax returns to con- Sec. 221. Amendments to discourage abusive Sec. 408. Postpetition disclosure and solicita- firm chapter 13 plans. bankruptcy filings. tion. Sec. 717. Standards for tax disclosure. Sec. 222. Sense of Congress. Sec. 409. Preferences. Sec. 718. Setoff of tax refunds. Sec. 223. Additional amendments to title 11, Sec. 410. Venue of certain proceedings. Sec. 719. Special provisions related to the treat- United States Code. Sec. 411. Period for filing plan under chapter ment of State and local taxes. Sec. 224. Protection of retirement savings in 11. Sec. 720. Dismissal for failure to timely file tax bankruptcy. Sec. 412. Fees arising from certain ownership returns. Sec. 225. Protection of education savings in interests. TITLE VIII—ANCILLARY AND OTHER bankruptcy. Sec. 413. Creditor representation at first meet- CROSS-BORDER CASES Sec. 226. Definitions. ing of creditors. Sec. 227. Restrictions on debt relief agencies. Sec. 414. Definition of disinterested person. Sec. 801. Amendment to add chapter 15 to title Sec. 228. Disclosures. Sec. 415. Factors for compensation of profes- 11, United States Code. Sec. 229. Requirements for debt relief agencies. sional persons. Sec. 802. Other amendments to titles 11 and 28, Sec. 230. GAO study. Sec. 416. Appointment of elected trustee. United States Code. TITLE III—DISCOURAGING BANKRUPTCY Sec. 417. Utility service. TITLE IX—FINANCIAL CONTRACT ABUSE Sec. 418. Bankruptcy fees. PROVISIONS Sec. 301. Reinforcement of the fresh start. Sec. 419. More complete information regarding Sec. 901. Treatment of certain agreements by Sec. 302. Discouraging bad faith repeat filings. assets of the estate. conservators or receivers of in- Sec. 303. Curbing abusive filings. Subtitle B—Small Business Bankruptcy sured depository institutions. Sec. 304. Debtor retention of personal property Provisions Sec. 902. Authority of the corporation with re- security. Sec. 431. Flexible rules for disclosure statement spect to failed and failing institu- Sec. 305. Relief from the automatic stay when and plan. tions. the debtor does not complete in- Sec. 432. Definitions. Sec. 903. Amendments relating to transfers of tended surrender of consumer debt Sec. 433. Standard form disclosure statement qualified financial contracts. collateral. and plan. Sec. 904. Amendments relating to disaffirmance Sec. 306. Giving secured creditors fair treatment Sec. 434. Uniform national reporting require- or repudiation of qualified finan- in chapter 13. ments. cial contracts. Sec. 307. Domiciliary requirements for exemp- Sec. 435. Uniform reporting rules and forms for Sec. 905. Clarifying amendment relating to mas- tions. small business cases. ter agreements. Sec. 308. Residency requirement for homestead Sec. 436. Duties in small business cases. Sec. 906. Federal Deposit Insurance Corpora- exemption. Sec. 437. Plan filing and confirmation dead- tion Improvement Act of 1991. Sec. 309. Protecting secured creditors in chapter lines. Sec. 907. Bankruptcy Code amendments. 13 cases. Sec. 438. Plan confirmation deadline. Sec. 908. Recordkeeping requirements. Sec. 310. Limitation on luxury goods. Sec. 909. Exemptions from contemporaneous Sec. 311. Automatic stay. Sec. 439. Duties of the United States trustee. execution requirement. Sec. 312. Extension of period between bank- Sec. 440. Scheduling conferences. Sec. 910. Damage measure. ruptcy discharges. Sec. 441. Serial filer provisions. Sec. 911. SIPC stay. Sec. 313. Definition of household goods and an- Sec. 442. Expanded grounds for dismissal or Sec. 912. Asset-backed securitizations. tiques. conversion and appointment of Sec. 314. Debt incurred to pay nondischargeable trustee. Sec. 913. Effective date; application of amend- debts. Sec. 443. Study of operation of title 11, United ments. Sec. 315. Giving creditors fair notice in chapters States Code, with respect to small TITLE X—PROTECTION OF FAMILY 7 and 13 cases. businesses. FARMERS Sec. 316. Dismissal for failure to timely file Sec. 444. Payment of interest. Sec. 1001. Permanent reenactment of chapter 12. schedules or provide required in- Sec. 445. Priority for administrative expenses. Sec. 1002. Debt limit increase. formation. TITLE V—MUNICIPAL BANKRUPTCY Sec. 1003. Certain claims owed to governmental Sec. 317. Adequate time to prepare for hearing PROVISIONS units. on confirmation of the plan. Sec. 501. Petition and proceedings related to pe- TITLE XI—HEALTH CARE AND EMPLOYEE Sec. 318. Chapter 13 plans to have a 5-year du- tition. BENEFITS ration in certain cases. Sec. 502. Applicability of other sections to chap- Sec. 1101. Definitions. Sec. 319. Sense of Congress regarding expansion ter 9. of rule 9011 of the Federal Rules Sec. 1102. Disposal of patient records. of Bankruptcy Procedure. TITLE VI—BANKRUPTCY DATA Sec. 1103. Administrative expense claim for Sec. 320. Prompt relief from stay in individual Sec. 601. Improved bankruptcy statistics. costs of closing a health care busi- cases. Sec. 602. Uniform rules for the collection of ness and other administrative ex- Sec. 321. Chapter 11 cases filed by individuals. bankruptcy data. penses. Sec. 322. Limitation. Sec. 603. Audit procedures. Sec. 1104. Appointment of ombudsman to act as Sec. 323. Excluding employee benefit plan par- Sec. 604. Sense of Congress regarding avail- patient advocate. ticipant contributions and other ability of bankruptcy data. Sec. 1105. Debtor in possession; duty of trustee property from the estate. TITLE VII—BANKRUPTCY TAX PROVISIONS to transfer patients. Sec. 324. Exclusive jurisdiction in matters in- Sec. 1106. Exclusion from program participation Sec. 701. Treatment of certain liens. volving bankruptcy professionals. not subject to automatic stay. Sec. 702. Treatment of fuel tax claims. Sec. 325. United States trustee program filing Sec. 703. Notice of request for a determination TITLE XII—TECHNICAL AMENDMENTS fee increase. Sec. 1201. Definitions. Sec. 326. Sharing of compensation. of taxes. Sec. 1202. Adjustment of dollar amounts. Sec. 327. Fair valuation of collateral. Sec. 704. Rate of interest on tax claims. Sec. 328. Defaults based on nonmonetary obli- Sec. 705. Priority of tax claims. Sec. 1203. Extension of time. gations. Sec. 706. Priority property taxes incurred. Sec. 1204. Technical amendments. Sec. 707. No discharge of fraudulent taxes in Sec. 1205. Penalty for persons who negligently TITLE IV—GENERAL AND SMALL BUSINESS chapter 13. or fraudulently prepare bank- BANKRUPTCY PROVISIONS Sec. 708. No discharge of fraudulent taxes in ruptcy petitions. Subtitle A—General Business Bankruptcy chapter 11. Sec. 1206. Limitation on compensation of pro- Provisions Sec. 709. Stay of tax proceedings limited to fessional persons. Sec. 401. Adequate protection for investors. prepetition taxes. Sec. 1207. Effect of conversion.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00139 Fmt 0688 Sfmt 6343 E:\BR00\H11OC0.004 H11OC0 22296 CONGRESSIONAL RECORD—HOUSE October 11, 2000 Sec. 1208. Allowance of administrative ex- (II) by inserting ‘‘, or, with the debtor’s con- month of the 60 months following the date of the penses. sent, convert such a case to a case under chap- petition; and Sec. 1209. Exceptions to discharge. ter 11 or 13 of this title,’’ after ‘‘consumer ‘‘(bb) any additional payments to secured Sec. 1210. Effect of discharge. debts’’; and creditors necessary for the debtor, in filing a Sec. 1211. Protection against discriminatory (III) by striking ‘‘a substantial abuse’’ and in- plan under chapter 13 of this title, to maintain treatment. serting ‘‘an abuse’’; and possession of the debtor’s primary residence, Sec. 1212. Property of the estate. (ii) by striking the next to last sentence; and motor vehicle, or other property necessary for Sec. 1213. Preferences. (C) by adding at the end the following: the support of the debtor and the debtor’s de- Sec. 1214. Postpetition transactions. ‘‘(2)(A)(i) In considering under paragraph (1) pendents, that serves as collateral for secured Sec. 1215. Disposition of property of the estate. whether the granting of relief would be an debts; divided by Sec. 1216. General provisions. abuse of the provisions of this chapter, the court ‘‘(II) 60. Sec. 1217. Abandonment of railroad line. shall presume abuse exists if the debtor’s current ‘‘(iv) The debtor’s expenses for payment of all Sec. 1218. Contents of plan. monthly income reduced by the amounts deter- priority claims (including priority child support Sec. 1219. Discharge under chapter 12. mined under clauses (ii), (iii), and (iv), and mul- and alimony claims) shall be calculated as— Sec. 1220. Bankruptcy cases and proceedings. ‘‘(I) the total amount of debts entitled to pri- Sec. 1221. Knowing disregard of bankruptcy tiplied by 60 is not less than the lesser of— ‘‘(I) 25 percent of the debtor’s nonpriority un- ority; divided by law or rule. ‘‘(II) 60. Sec. 1222. Transfers made by nonprofit chari- secured claims in the case, or $6,000, whichever is greater; or ‘‘(B)(i) In any proceeding brought under this table corporations. subsection, the presumption of abuse may only Sec. 1223. Protection of valid purchase money ‘‘(II) $10,000. be rebutted by demonstrating special cir- security interests. ‘‘(ii)(I) The debtor’s monthly expenses shall be cumstances that justify additional expenses or Sec. 1224. Extensions. the debtor’s applicable monthly expense adjustments of current monthly income for Sec. 1225. Bankruptcy judgeships. amounts specified under the National Standards Sec. 1226. Compensating trustees. and Local Standards, and the debtor’s actual which there is no reasonable alternative. Sec. 1227. Amendment to section 362 of title 11, monthly expenses for the categories specified as ‘‘(ii) In order to establish special cir- United States Code. Other Necessary Expenses issued by the Internal cumstances, the debtor shall be required to— Sec. 1228. Judicial education. Revenue Service for the area in which the debt- ‘‘(I) itemize each additional expense or adjust- Sec. 1229. Reclamation. or resides, as in effect on the date of the entry ment of income; and Sec. 1230. Providing requested tax documents to of the order for relief, for the debtor, the de- ‘‘(II) provide— ‘‘(aa) documentation for such expense or ad- the court. pendents of the debtor, and the spouse of the justment to income; and Sec. 1231. Encouraging creditworthiness. debtor in a joint case, if the spouse is not other- ‘‘(bb) a detailed explanation of the special cir- Sec. 1232. Property no longer subject to redemp- wise a dependent. Notwithstanding any other cumstances that make such expenses or adjust- tion. provision of this clause, the monthly expenses of ment to income necessary and reasonable. Sec. 1233. Trustees. the debtor shall not include any payments for ‘‘(iii) The debtor shall attest under oath to the Sec. 1234. Bankruptcy forms. debts. In addition, the debtor’s monthly ex- accuracy of any information provided to dem- Sec. 1235. Expedited appeals of bankruptcy penses shall include the debtor’s reasonably onstrate that additional expenses or adjustments cases to courts of appeals. necessary expenses incurred to maintain the Sec. 1236. Exemptions. to income are required. safety of the debtor and the family of the debtor ‘‘(iv) The presumption of abuse may only be TITLE XIII—CONSUMER CREDIT from family violence as identified under section DISCLOSURE rebutted if the additional expenses or adjust- 309 of the Family Violence Prevention and Serv- ments to income referred to in clause (i) cause Sec. 1301. Enhanced disclosures under an open ices Act (42 U.S.C. 10408), or other applicable the product of the debtor’s current monthly in- end credit plan. Federal law. The expenses included in the debt- come reduced by the amounts determined under Sec. 1302. Enhanced disclosure for credit exten- or’s monthly expenses described in the preceding clauses (ii), (iii), and (iv) of subparagraph (A) sions secured by a dwelling. sentence shall be kept confidential by the court. when multiplied by 60 to be less than the lesser Sec. 1303. Disclosures related to ‘‘introductory In addition, if it is demonstrated that it is rea- of— rates’’. sonable and necessary, the debtor’s monthly ex- ‘‘(I) 25 percent of the debtor’s nonpriority un- Sec. 1304. Internet-based credit card solicita- penses may also include an additional allow- secured claims, or $6,000, whichever is greater; tions. ance for food and clothing of up to 5 percent of or Sec. 1305. Disclosures related to late payment the food and clothing categories as specified by ‘‘(II) $10,000. deadlines and penalties. the National Standards issued by the Internal ‘‘(C) As part of the schedule of current income Sec. 1306. Prohibition on certain actions for Revenue Service. and expenditures required under section 521, the failure to incur finance charges. ‘‘(II) In addition, the debtor’s monthly ex- debtor shall include a statement of the debtor’s Sec. 1307. Dual use debit card. penses may include, if applicable, the continu- current monthly income, and the calculations Sec. 1308. Study of bankruptcy impact of credit ation of actual expenses paid by the debtor that that determine whether a presumption arises extended to dependent students. are reasonable and necessary for care and sup- under subparagraph (A)(i), that shows how Sec. 1309. Clarification of clear and con- port of an elderly, chronically ill, or disabled spicuous. each such amount is calculated. household member or member of the debtor’s im- ‘‘(3) In considering under paragraph (1) Sec. 1310. Enforcement of certain foreign judg- mediate family (including parents, grand- ments barred. whether the granting of relief would be an parents, and siblings of the debtor, the depend- abuse of the provisions of this chapter in a case TITLE XIV—GENERAL EFFECTIVE DATE; ents of the debtor, and the spouse of the debtor in which the presumption in subparagraph APPLICATION OF AMENDMENTS in a joint case) who is not a dependent and who (A)(i) of such paragraph does not apply or has Sec. 1401. Effective date; application of amend- is unable to pay for such reasonable and nec- been rebutted, the court shall consider— ments. essary expenses. ‘‘(A) whether the debtor filed the petition in TITLE I—NEEDS—BASED BANKRUPTCY ‘‘(III) In addition, for a debtor eligible for bad faith; or chapter 13, the debtor’s monthly expenses may ‘‘(B) the totality of the circumstances (includ- SEC. 101. CONVERSION. include the actual administrative expenses of Section 706(c) of title 11, United States Code, ing whether the debtor seeks to reject a personal administering a chapter 13 plan for the district services contract and the financial need for is amended by inserting ‘‘or consents to’’ after in which the debtor resides, up to an amount of ‘‘requests’’. such rejection as sought by the debtor) of the 10 percent of the projected plan payments, as debtor’s financial situation demonstrates abuse. SEC. 102. DISMISSAL OR CONVERSION. determined under schedules issued by the Exec- ‘‘(4)(A) The court shall order the counsel for (a) IN GENERAL.—Section 707 of title 11, utive Office for United States Trustees. the debtor to reimburse the trustee for all rea- United States Code, is amended— ‘‘(IV) In addition, the debtor’s monthly ex- sonable costs in prosecuting a motion brought (1) by striking the section heading and insert- penses may include the actual expenses for each under section 707(b), including reasonable attor- ing the following: dependent child under the age of 18 years up to neys’ fees, if— ‘‘§ 707. Dismissal of a case or conversion to a $1,500 per year per child to attend a private ele- ‘‘(i) a trustee appointed under section case under chapter 11 or 13’’; mentary or secondary school, if the debtor pro- 586(a)(1) of title 28 or from a panel of private and vides documentation of such expenses and a de- trustees maintained by the bankruptcy adminis- (2) in subsection (b)— tailed explanation of why such expenses are trator brings a motion for dismissal or conver- (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; reasonable and necessary. sion under this subsection; and (B) in paragraph (1), as redesignated by sub- ‘‘(iii) The debtor’s average monthly payments ‘‘(ii) the court— paragraph (A) of this paragraph— on account of secured debts shall be calculated ‘‘(I) grants that motion; and (i) in the first sentence— as— ‘‘(II) finds that the action of the counsel for (I) by striking ‘‘but not at the request or sug- ‘‘(I) the sum of— the debtor in filing under this chapter violated gestion of’’ and inserting ‘‘trustee, bankruptcy ‘‘(aa) the total of all amounts scheduled as rule 9011 of the Federal Rules of Bankruptcy administrator, or’’; contractually due to secured creditors in each Procedure.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00140 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.004 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22297 ‘‘(B) If the court finds that the attorney for party in interest may bring a motion under bankruptcy administrator may decline to file a the debtor violated rule 9011 of the Federal paragraph (2), if the current monthly income of motion to dismiss or convert pursuant to section Rules of Bankruptcy Procedure, at a minimum, the debtor and the debtor’s spouse combined, as 704(b)(2) if the product of the debtor’s current the court shall order— of the date of the order for relief when multi- monthly income multiplied by 12 exceeds 100 per- ‘‘(i) the assessment of an appropriate civil plied by 12, is equal to or less than— cent, but does not exceed 150 percent of— penalty against the counsel for the debtor; and ‘‘(A) in the case of a debtor in a household of ‘‘(A)(i) in the case of a debtor in a household ‘‘(ii) the payment of the civil penalty to the 1 person, the median family income of the appli- of 1 person, the median family income of the ap- trustee, the United States trustee, or the bank- cable State for 1 earner last reported by the Bu- plicable State for 1 earner last reported by the ruptcy administrator. reau of the Census; Bureau of the Census; or ‘‘(C) In the case of a petition, pleading, or ‘‘(B) in the case of a debtor in a household of ‘‘(ii) in the case of a debtor in a household of written motion, the signature of an attorney 2, 3, or 4 individuals, the highest median family 2 or more individuals, the highest median family shall constitute a certification that the attorney income of the applicable State for a family of income of the applicable State for a family of has— the same number or fewer individuals last re- the same number or fewer individuals last re- ‘‘(i) performed a reasonable investigation into ported by the Bureau of the Census; or ported by the Bureau of the Census; and the circumstances that gave rise to the petition, ‘‘(C) in the case of a debtor in a household ex- ‘‘(B) the product of the debtor’s current pleading, or written motion; and ceeding 4 individuals, the highest median family monthly income, reduced by the amounts deter- ‘‘(ii) determined that the petition, pleading, or income of the applicable State for a family of 4 mined under section 707(b)(2)(A)(ii) (except for written motion— or fewer individuals last reported by the Bureau the amount calculated under the other nec- ‘‘(I) is well grounded in fact; and of the Census, plus $525 per month for each in- essary expenses standard issued by the Internal ‘‘(II) is warranted by existing law or a good dividual in excess of 4.’’. Revenue Service) and clauses (iii) and (iv) of faith argument for the extension, modification, (b) DEFINITION.—Section 101 of title 11, United section 707(b)(2)(A), multiplied by 60 is less than or reversal of existing law and does not con- States Code, is amended by inserting after para- the lesser of— stitute an abuse under paragraph (1). graph (10) the following: ‘‘(i) 25 percent of the debtor’s nonpriority un- ‘‘(D) The signature of an attorney on the peti- ‘‘(10A) ‘current monthly income’— secured claims in the case or $6,000, whichever tion shall constitute a certification that the at- ‘‘(A) means the average monthly income from is greater; or torney has no knowledge after an inquiry that all sources which the debtor, or in a joint case, ‘‘(ii) $10,000.’’. the information in the schedules filed with such the debtor and the debtor’s spouse, receive with- (d) NOTICE.—Section 342 of title 11, United petition is incorrect. out regard to whether the income is taxable in- States Code, is amended by adding at the end ‘‘(5)(A) Except as provided in subparagraph come, derived during the 6-month period pre- the following: (B) and subject to paragraph (6), the court may ceding the date of determination; and ‘‘(d) In an individual case under chapter 7 in award a debtor all reasonable costs (including ‘‘(B) includes any amount paid by any entity which the presumption of abuse is triggered reasonable attorneys’ fees) in contesting a mo- other than the debtor (or, in a joint case, the under section 707(b), the clerk shall give written tion brought by a party in interest (other than debtor and the debtor’s spouse), on a regular notice to all creditors not later than 10 days a trustee, United States trustee, or bankruptcy basis to the household expenses of the debtor or after the date of the filing of the petition that administrator) under this subsection if— the debtor’s dependents (and, in a joint case, the presumption of abuse has been triggered.’’. ‘‘(i) the court does not grant the motion; and the debtor’s spouse if not otherwise a depend- (e) NONLIMITATION OF INFORMATION.—Noth- ‘‘(ii) the court finds that— ent), but excludes benefits received under the ing in this title shall limit the ability of a cred- ‘‘(I) the position of the party that brought the Social Security Act and payments to victims of itor to provide information to a judge (except for motion violated rule 9011 of the Federal Rules of war crimes or crimes against humanity on ac- information communicated ex parte, unless oth- Bankruptcy Procedure; or count of their status as victims of such crimes;’’. erwise permitted by applicable law), United States trustee, bankruptcy administrator or ‘‘(II) the party brought the motion solely for (c) UNITED STATES TRUSTEE AND BANKRUPTCY trustee. the purpose of coercing a debtor into waiving a ADMINISTRATOR DUTIES.—Section 704 of title 11, (f) DISMISSAL FOR CERTAIN CRIMES.—Section right guaranteed to the debtor under this title. United States Code, is amended— 707 of title 11, United States Code, as amended ‘‘(B) A small business that has a claim of an (1) by inserting ‘‘(a)’’ before ‘‘The trustee by this section, is amended by adding at the end aggregate amount less than $1,000 shall not be shall—’’; and the following: subject to subparagraph (A)(ii)(I). (2) by adding at the end the following: ‘‘(c)(1) In this subsection— ‘‘(C) For purposes of this paragraph— ‘‘(b)(1) With respect to an individual debtor ‘‘(A) the term ‘crime of violence’ has the ‘‘(i) the term ‘small business’ means an unin- under this chapter— meaning given that term in section 16 of title 18; corporated business, partnership, corporation, ‘‘(A) the United States trustee or bankruptcy and association, or organization that— administrator shall review all materials filed by ‘‘(B) the term ‘drug trafficking crime’ has the ‘‘(I) has less than 25 full-time employees as de- the debtor and, not later than 10 days after the meaning given that term in section 924(c)(2) of termined on the date the motion is filed; and date of the first meeting of creditors, file with title 18. ‘‘(II) is engaged in commercial or business ac- the court a statement as to whether the debtor’s ‘‘(2) Except as provided in paragraph (3), tivity; and case would be presumed to be an abuse under after notice and a hearing, the court, on a mo- ‘‘(ii) the number of employees of a wholly section 707(b); and tion by the victim of a crime of violence or a owned subsidiary of a corporation includes the ‘‘(B) not later than 5 days after receiving a drug trafficking crime, may when it is in the employees of— statement under subparagraph (A), the court best interest of the victims dismiss a voluntary ‘‘(I) a parent corporation; and shall provide a copy of the statement to all case filed by an individual debtor under this ‘‘(II) any other subsidiary corporation of the creditors. chapter if that individual was convicted of that parent corporation. ‘‘(2) The United States trustee or bankruptcy crime. ‘‘(6) Only the judge, United States trustee, or administrator shall, not later than 30 days after ‘‘(3) The court may not dismiss a case under bankruptcy administrator may bring a motion the date of filing a statement under paragraph paragraph (2) if the debtor establishes by a pre- under section 707(b), if the current monthly in- (1), either file a motion to dismiss or convert ponderance of the evidence that the filing of a come of the debtor, or in a joint case, the debtor under section 707(b) or file a statement setting case under this chapter is necessary to satisfy a and the debtor’s spouse, as of the date of the forth the reasons the United States trustee or claim for a domestic support obligation.’’. order for relief, when multiplied by 12, is equal bankruptcy administrator does not believe that (g) CONFIRMATION OF PLAN.—Section 1325(a) to or less than— such a motion would be appropriate, if the of title 11, United States Code, is amended— ‘‘(A) in the case of a debtor in a household of United States trustee or bankruptcy adminis- (1) in paragraph (5), by striking ‘‘and’’ at the 1 person, the median family income of the appli- trator determines that the debtor’s case should end; cable State for 1 earner last reported by the Bu- be presumed to be an abuse under section 707(b) (2) in paragraph (6), by striking the period reau of the Census; and the product of the debtor’s current monthly and inserting a semicolon; and ‘‘(B) in the case of a debtor in a household of income, multiplied by 12 is not less than— (3) by adding at the end the following: 2, 3, or 4 individuals, the highest median family ‘‘(A) in the case of a debtor in a household of ‘‘(7) the action of the debtor in filing the peti- income of the applicable State for a family of 1 person, the median family income of the appli- tion was in good faith;’’. the same number or fewer individuals last re- cable State for 1 earner last reported by the Bu- (h) APPLICABILITY OF MEANS TEST TO CHAP- ported by the Bureau of the Census; or reau of the Census; or TER 13.—Section 1325(b) of title 11, United States ‘‘(C) in the case of a debtor in a household ex- ‘‘(B) in the case of a debtor in a household of Code, is amended— ceeding 4 individuals, the highest median family 2 or more individuals, the highest median family (1) in paragraph (1)(B), by inserting ‘‘to unse- income of the applicable State for a family of 4 income of the applicable State for a family of cured creditors’’ after ‘‘to make payments’’; and or fewer individuals last reported by the Bureau the same number or fewer individuals last re- (2) by striking paragraph (2) and inserting the of the Census, plus $525 per month for each in- ported by the Bureau of the Census. following: dividual in excess of 4. ‘‘(3) In any case in which a motion to dismiss ‘‘(2) For purposes of this subsection, the term ‘‘(7) No judge, United States trustee, panel or convert, or a statement is required to be filed ‘disposable income’ means current monthly in- trustee, bankruptcy administrator or other by this subsection, the United States trustee or come received by the debtor (other than child

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00141 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22298 CONGRESSIONAL RECORD—HOUSE October 11, 2000 support payments, foster care payments, or dis- ‘‘(1) a brief description of— counseling and assisted that individual in per- ability payments for a dependent child made in ‘‘(A) chapters 7, 11, 12, and 13 and the general forming a related budget analysis. accordance with applicable nonbankruptcy law purpose, benefits, and costs of proceeding under ‘‘(2)(A) Paragraph (1) shall not apply with re- to the extent reasonably necessary to be ex- each of those chapters; and spect to a debtor who resides in a district for pended for such child) less amounts reasonably ‘‘(B) the types of services available from credit which the United States trustee or bankruptcy necessary to be expended— counseling agencies; and administrator of the bankruptcy court of that ‘‘(A) for the maintenance or support of the ‘‘(2) statements specifying that— district determines that the approved nonprofit debtor or a dependent of the debtor or for a do- ‘‘(A) a person who knowingly and fraudu- budget and credit counseling agencies for that mestic support obligation that first becomes pay- lently conceals assets or makes a false oath or district are not reasonably able to provide ade- able after the date the petition is filed and for statement under penalty of perjury in connec- quate services to the additional individuals who charitable contributions (that meet the defini- tion with a bankruptcy case shall be subject to would otherwise seek credit counseling from tion of ‘charitable contribution’ under section fine, imprisonment, or both; and that agency by reason of the requirements of 548(d)(3) to a qualified religious or charitable ‘‘(B) all information supplied by a debtor in paragraph (1). entity or organization (as that term is defined in connection with a bankruptcy case is subject to ‘‘(B) Each United States trustee or bank- section 548(d)(4)) in an amount not to exceed 15 examination by the Attorney General.’’. ruptcy administrator that makes a determina- percent of gross income of the debtor for the SEC. 105. DEBTOR FINANCIAL MANAGEMENT tion described in subparagraph (A) shall review year in which the contributions are made; and TRAINING TEST PROGRAM. that determination not later than 1 year after ‘‘(B) if the debtor is engaged in business, for (a) DEVELOPMENT OF FINANCIAL MANAGEMENT the date of that determination, and not less fre- the payment of expenditures necessary for the AND TRAINING CURRICULUM AND MATERIALS.— quently than every year thereafter. Notwith- continuation, preservation, and operation of The Director of the Executive Office for United standing the preceding sentence, a nonprofit such business. States Trustees (in this section referred to as the budget and credit counseling service may be dis- ‘‘(3) Amounts reasonably necessary to be ex- ‘‘Director’’) shall consult with a wide range of approved by the United States trustee or bank- pended under paragraph (2) shall be determined individuals who are experts in the field of debt- ruptcy administrator at any time. in accordance with subparagraphs (A) and (B) or education, including trustees who are ap- ‘‘(3)(A) Subject to subparagraph (B), the re- of section 707(b)(2), if the debtor has current pointed under chapter 13 of title 11, United quirements of paragraph (1) shall not apply monthly income, when multiplied by 12, greater States Code, and who operate financial manage- with respect to a debtor who submits to the than— ment education programs for debtors, and shall court a certification that— ‘‘(A) in the case of a debtor in a household of develop a financial management training cur- ‘‘(i) describes exigent circumstances that merit 1 person, the median family income of the appli- riculum and materials that can be used to edu- a waiver of the requirements of paragraph (1); cable State for 1 earner last reported by the Bu- cate individual debtors on how to better manage ‘‘(ii) states that the debtor requested credit reau of the Census; their finances. counseling services from an approved nonprofit ‘‘(B) in the case of a debtor in a household of (b) TEST.— budget and credit counseling agency, but was 2, 3, or 4 individuals, the highest median family (1) SELECTION OF DISTRICTS.—The Director unable to obtain the services referred to in para- income of the applicable State for a family of shall select 6 judicial districts of the United graph (1) during the 5-day period beginning on the same number or fewer individuals last re- States in which to test the effectiveness of the fi- the date on which the debtor made that request; ported by the Bureau of the Census; or nancial management training curriculum and and ‘‘(C) in the case of a debtor in a household ex- materials developed under subsection (a). ‘‘(iii) is satisfactory to the court. ceeding 4 individuals, the highest median family (2) USE.—For an 18-month period beginning ‘‘(B) With respect to a debtor, an exemption income of the applicable State for a family of 4 not later than 270 days after the date of enact- under subparagraph (A) shall cease to apply to or fewer individuals last reported by the Bureau ment of this Act, such curriculum and materials that debtor on the date on which the debtor of the Census, plus $525 per month for each in- shall be, for the 6 judicial districts selected meets the requirements of paragraph (1), but in dividual in excess of 4.’’. under paragraph (1), used as the instructional no case may the exemption apply to that debtor (i) CLERICAL AMENDMENT.—The table of sec- course concerning personal financial manage- after the date that is 30 days after the debtor tions for chapter 7 of title 11, United States ment for purposes of section 111 of title 11, files a petition, except that the court, for cause, Code, is amended by striking the item relating to United States Code. may order an additional 15 days.’’. section 707 and inserting the following: (c) EVALUATION.— (b) CHAPTER 7 DISCHARGE.—Section 727(a) of ‘‘707. Dismissal of a case or conversion to a case (1) IN GENERAL.—During the 18-month period title 11, United States Code, is amended— under chapter 11 or 13.’’. referred to in subsection (b), the Director shall (1) in paragraph (9), by striking ‘‘or’’ at the SEC. 103. SENSE OF CONGRESS AND STUDY. evaluate the effectiveness of— end; (a) SENSE OF CONGRESS.—It is the sense of (A) the financial management training cur- (2) in paragraph (10), by striking the period Congress that the Secretary of the Treasury has riculum and materials developed under sub- and inserting ‘‘; or’’; and the authority to alter the Internal Revenue section (a); and (3) by adding at the end the following: Service standards established to set guidelines (B) a sample of existing consumer education ‘‘(11) after the filing of the petition, the debtor for repayment plans as needed to accommodate programs such as those described in the Report failed to complete an instructional course con- their use under section 707(b) of title 11, United of the National Bankruptcy Review Commission cerning personal financial management de- States Code. (October 20, 1997) that are representative of con- scribed in section 111. (b) STUDY.— sumer education programs carried out by the ‘‘(12)(A) Paragraph (11) shall not apply with (1) IN GENERAL.—Not later than 2 years after credit industry, by trustees serving under chap- respect to a debtor who resides in a district for the date of enactment of this Act, the Director ter 13 of title 11, United States Code, and by which the United States trustee or bankruptcy of the Executive Office for United States Trust- consumer counseling groups. administrator of that district determines that ees shall submit a report to the Committee on (2) REPORT.—Not later than 3 months after the approved instructional courses are not ade- the Judiciary of the Senate and the Committee concluding such evaluation, the Director shall quate to service the additional individuals re- on the Judiciary of the House of Representatives submit a report to the Speaker of the House of quired to complete such instructional courses containing the findings of the Director regard- Representatives and the President pro tempore under this section. ing the utilization of Internal Revenue Service of the Senate, for referral to the appropriate ‘‘(B) Each United States trustee or bank- standards for determining— committees of the Congress, containing the find- ruptcy administrator that makes a determina- (A) the current monthly expenses of a debtor ings of the Director regarding the effectiveness tion described in subparagraph (A) shall review under section 707(b) of title 11, United States of such curriculum, such materials, and such that determination not later than 1 year after Code; and programs and their costs. the date of that determination, and not less fre- (B) the impact that the application of such SEC. 106. CREDIT COUNSELING. quently than every year thereafter.’’. standards has had on debtors and on the bank- (a) WHO MAY BEADEBTOR.—Section 109 of (c) CHAPTER 13 DISCHARGE.—Section 1328 of ruptcy courts. title 11, United States Code, is amended by add- title 11, United States Code, is amended by add- (2) RECOMMENDATION.—The report under ing at the end the following: ing at the end the following: paragraph (1) may include recommendations for ‘‘(h)(1) Subject to paragraphs (2) and (3), and ‘‘(g) The court shall not grant a discharge amendments to title 11, United States Code, that notwithstanding any other provision of this sec- under this section to a debtor, unless after filing are consistent with the findings of the Director tion, an individual may not be a debtor under a petition the debtor has completed an instruc- under paragraph (1). this title unless that individual has, during the tional course concerning personal financial SEC. 104. NOTICE OF ALTERNATIVES. 180-day period preceding the date of filing of the management described in section 111. Section 342(b) of title 11, United States Code, petition of that individual, received from an ap- ‘‘(h) Subsection (g) shall not apply with re- is amended to read as follows: proved nonprofit budget and credit counseling spect to a debtor who resides in a district for ‘‘(b) Before the commencement of a case under agency described in section 111(a) an individual which the United States trustee or bankruptcy this title by an individual whose debts are pri- or group briefing (including a briefing con- administrator of the bankruptcy court of that marily consumer debts, the clerk shall give to ducted by telephone or on the Internet) that district determines that the approved instruc- such individual written notice containing— outlined the opportunities for available credit tional courses are not adequate to service the

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00142 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22299 additional individuals who would be required to interested person may seek judicial review of available for inspection and evaluation by the complete the instructional course by reason of such decision in the appropriate United States Executive Office for United States Trustees, the the requirements of this section. District Court. United States trustee, bankruptcy adminis- ‘‘(i) Each United States trustee or bankruptcy ‘‘(c)(1) The United States trustee or bank- trator, or chief bankruptcy judge for the district administrator that makes a determination de- ruptcy administrator shall only approve a credit in which such course of instruction or program scribed in subsection (h) shall review that deter- counseling agency that demonstrates that it will is offered; and mination not later than 1 year after the date of provide qualified counselors, maintain adequate ‘‘(2) for any 1-year period if the provider that determination, and not less frequently than provision for safekeeping and payment of client thereof has demonstrated that the course meets every year thereafter.’’. funds, provide adequate counseling with respect the standards of paragraph (1) and, in addi- (d) DEBTOR’S DUTIES.—Section 521 of title 11, to client credit problems, and deal responsibly tion— United States Code, is amended— and effectively with other matters as relate to (1) by inserting ‘‘(a)’’ before ‘‘The debtor the quality, effectiveness, and financial security ‘‘(A) has been effective in assisting a substan- shall—’’; and of such programs. tial number of debtors to understand personal (2) by adding at the end the following: ‘‘(2) To be approved by the United States financial management; and ‘‘(b) In addition to the requirements under trustee or bankruptcy administrator, a credit ‘‘(B) is otherwise likely to increase substan- subsection (a), an individual debtor shall file counseling agency shall, at a minimum— tially debtor understanding of personal finan- with the court— ‘‘(A) be a nonprofit budget and credit coun- cial management. ‘‘(1) a certificate from the approved nonprofit seling agency, the majority of the board of di- ‘‘(e) The District Court may, at any time, in- budget and credit counseling agency that pro- rectors of which— vestigate the qualifications of a credit coun- vided the debtor services under section 109(h) ‘‘(i) are not employed by the agency; and seling agency referred to in subsection (a), and describing the services provided to the debtor; ‘‘(ii) will not directly or indirectly benefit fi- request production of documents to ensure the and nancially from the outcome of a credit coun- integrity and effectiveness of such credit coun- ‘‘(2) a copy of the debt repayment plan, if seling session; seling agencies. The District Court may, at any any, developed under section 109(h) through the ‘‘(B) if a fee is charged for counseling serv- time, remove from the approved list under sub- approved nonprofit budget and credit coun- ices, charge a reasonable fee, and provide serv- section (a) a credit counseling agency upon seling agency referred to in paragraph (1).’’. ices without regard to ability to pay the fee; finding such agency does not meet the qualifica- (e) GENERAL PROVISIONS.— ‘‘(C) provide for safekeeping and payment of tions of subsection (b). (1) IN GENERAL.—Chapter 1 of title 11, United client funds, including an annual audit of the States Code, is amended by adding at the end trust accounts and appropriate employee bond- ‘‘(f) The United States trustee or bankruptcy the following: ing; administrator shall notify the clerk that a credit ‘‘§ 111. Credit counseling services; financial ‘‘(D) provide full disclosures to clients, includ- counseling agency or an instructional course is management instructional courses ing funding sources, counselor qualifications, no longer approved, in which case the clerk shall remove it from the list maintained under ‘‘(a) The clerk of each district shall maintain possible impact on credit reports, and any costs subsection (a). a publicly available list of— of such program that will be paid by the debtor ‘‘(1) credit counseling agencies that provide 1 and how such costs will be paid; ‘‘(g)(1) No credit counseling service may pro- or more programs described in section 109(h) ‘‘(E) provide adequate counseling with respect vide to a credit reporting agency information currently approved by the United States trustee to client credit problems that includes an anal- concerning whether an individual debtor has re- or the bankruptcy administrator for the district, ysis of their current situation, what brought ceived or sought instruction concerning personal as applicable; and them to that financial status, and how they can financial management from the credit coun- ‘‘(2) instructional courses concerning personal develop a plan to handle the problem without seling service. financial management currently approved by incurring negative amortization of their debts; ‘‘(2) A credit counseling service that willfully the United States trustee or the bankruptcy ad- ‘‘(F) provide trained counselors who receive or negligently fails to comply with any require- ministrator for the district, as applicable. no commissions or bonuses based on the coun- ment under this title with respect to a debtor ‘‘(b) The United States trustee or bankruptcy seling session outcome, and who have adequate shall be liable for damages in an amount equal administrator shall only approve a credit coun- experience, and have been adequately trained to to the sum of— seling agency or instructional course concerning provide counseling services to individuals in fi- ‘‘(A) any actual damages sustained by the personal financial management as follows: nancial difficulty, including the matters de- ‘‘(1) The United States trustee or bankruptcy scribed in subparagraph (E); debtor as a result of the violation; and administrator shall have thoroughly reviewed ‘‘(G) demonstrate adequate experience and ‘‘(B) any court costs or reasonable attorneys’ the qualifications of the credit counseling agen- background in providing credit counseling; and fees (as determined by the court) incurred in an cy or of the provider of the instructional course ‘‘(H) have adequate financial resources to action to recover those damages.’’. under the standards set forth in this section, provide continuing support services for budg- (2) CLERICAL AMENDMENT.—The table of sec- and the programs or instructional courses which eting plans over the life of any repayment plan. tions for chapter 1 of title 11, United States will be offered by such agency or provider, and ‘‘(d) The United States trustee or bankruptcy Code, is amended by adding at the end the fol- may require an agency or provider of an in- administrator shall only approve an instruc- lowing: structional course which has sought approval to tional course concerning personal financial provide information with respect to such review. management— ‘‘111. Credit counseling services; financial man- ‘‘(2) The United States trustee or bankruptcy ‘‘(1) for an initial probationary period under agement instructional courses.’’. administrator shall have determined that the subsection (b)(3) if the course will provide at a (f) LIMITATION.—Section 362 of title 11, United credit counseling agency or course of instruction minimum— States Code, is amended by adding at the end fully satisfies the applicable standards set forth ‘‘(A) trained personnel with adequate experi- the following: in this section. ence and training in providing effective instruc- ‘‘(3) When an agency or course of instruction tion and services; ‘‘(i) If a case commenced under chapter 7, 11, is initially approved, such approval shall be for ‘‘(B) learning materials and teaching meth- or 13 is dismissed due to the creation of a debt a probationary period not to exceed 6 months. odologies designed to assist debtors in under- repayment plan, for purposes of subsection An agency or course of instruction is initially standing personal financial management and (c)(3), any subsequent case commenced by the approved if it did not appear on the approved that are consistent with stated objectives di- debtor under any such chapter shall not be pre- list for the district under subsection (a) imme- rectly related to the goals of such course of in- sumed to be filed not in good faith. diately prior to approval. struction; ‘‘(j) On request of a party in interest, the ‘‘(4) At the conclusion of the probationary pe- ‘‘(C) adequate facilities situated in reasonably court shall issue an order under subsection (c) riod under paragraph (3), the United States convenient locations at which such course of in- confirming that the automatic stay has been ter- trustee or bankruptcy administrator may only struction is offered, except that such facilities minated.’’. approve for an additional 1-year period, and for may include the provision of such course of in- successive 1-year periods thereafter, any agency struction or program by telephone or through SEC. 107. SCHEDULES OF REASONABLE AND NEC- or course of instruction which has demonstrated the Internet, if the course of instruction or pro- ESSARY EXPENSES. during the probationary or subsequent period gram is effective; and For purposes of section 707(b) of title 11, that such agency or course of instruction— ‘‘(D) the preparation and retention of reason- United States Code, as amended by this Act, the ‘‘(A) has met the standards set forth under able records (which shall include the debtor’s Director of the Executive Office for United this section during such period; and bankruptcy case number) to permit evaluation States Trustees shall, not later than 180 days ‘‘(B) can satisfy such standards in the future. of the effectiveness of such course of instruction after the date of enactment of this Act, issue ‘‘(5) Not later than 30 days after any final de- or program, including any evaluation of satis- schedules of reasonable and necessary adminis- cision under paragraph (4), that occurs either faction of course of instruction or program re- trative expenses of administering a chapter 13 after the expiration of the initial probationary quirements for each debtor attending such plan for each judicial district of the United period, or after any 2-year period thereafter, an course of instruction or program, which shall be States.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00143 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22300 CONGRESSIONAL RECORD—HOUSE October 11, 2000 TITLE II—ENHANCED CONSUMER statement described in paragraph (3), completed centage rate as it would have been so disclosed PROTECTION as required in that paragraph, together with the at the time the disclosure statement is given the Subtitle A—Penalties for Abusive Creditor agreement, statement, declaration, motion and debtor, or to the extent this annual percentage Practices order described, respectively, in paragraphs (4) rate is not readily available or not applicable, SEC. 201. PROMOTION OF ALTERNATIVE DISPUTE through (8), and shall be the only disclosures re- then RESOLUTION. quired in connection with the reaffirmation. ‘‘(II) the simple interest rate applicable to the (a) REDUCTION OF CLAIM.—Section 502 of title ‘‘(2) Disclosures made under paragraph (1) amount reaffirmed as of the date the disclosure 11, United States Code, is amended by adding at shall be made clearly and conspicuously and in statement is given the debtor, or if different sim- the end the following: writing. The terms ‘Amount Reaffirmed’ and ple interest rates apply to different balances, the ‘‘(k)(1) The court, on the motion of the debtor ‘Annual Percentage Rate’ shall be disclosed simple interest rate applicable to each such bal- and after a hearing, may reduce a claim filed more conspicuously than other terms, data or ance, identifying the amount of such balance under this section based in whole on unsecured information provided in connection with this included in the amount reaffirmed, or consumer debts by not more than 20 percent of disclosure, except that the phrases ‘Before ‘‘(III) if the entity making the disclosure the claim, if— agreeing to reaffirm a debt, review these impor- elects, to disclose the annual percentage rate ‘‘(A) the claim was filed by a creditor who un- tant disclosures’ and ‘Summary of Reaffirma- under (I) and the simple interest rate under (II). reasonably refused to negotiate a reasonable al- tion Agreement’ may be equally conspicuous. ‘‘(F) If the underlying debt transaction was ternative repayment schedule proposed by an Disclosures may be made in a different order disclosed as a variable rate transaction on the approved credit counseling agency described in and may use terminology different from that set most recent disclosure given under the Truth in section 111 acting on behalf of the debtor; forth in paragraphs (2) through (8), except that Lending Act (15 U.S.C. 1601 et seq.), by stating ‘‘(B) the offer of the debtor under subpara- the terms ‘Amount Reaffirmed’ and ‘Annual ‘The interest rate on your loan may be a vari- graph (A)— Percentage Rate’ must be used where indicated. able interest rate which changes from time to ‘‘(i) was made at least 60 days before the filing ‘‘(3) The disclosure statement required under time, so that the annual percentage rate dis- of the petition; and this paragraph shall consist of the following: closed here may be higher or lower.’. ‘‘(ii) provided for payment of at least 60 per- ‘‘(A) The statement: ‘Part A: Before agreeing ‘‘(G) If the debt is secured by a security inter- cent of the amount of the debt over a period not to reaffirm a debt, review these important disclo- est which has not been waived in whole or in to exceed the repayment period of the loan, or a sures:’; part or determined to be void by a final order of reasonable extension thereof; and ‘‘(B) Under the heading ‘Summary of Reaffir- the court at the time of the disclosure, by dis- ‘‘(C) no part of the debt under the alternative mation Agreement’, the statement: ‘This Sum- closing that a security interest or lien in goods repayment schedule is nondischargeable. mary is made pursuant to the requirements of or property is asserted over some or all of the ob- ‘‘(2) The debtor shall have the burden of prov- the Bankruptcy Code’; ligations you are reaffirming and listing the ing, by clear and convincing evidence, that— ‘‘(C) The ‘Amount Reaffirmed’, using that items and their original purchase price that are ‘‘(A) the creditor unreasonably refused to con- term, which shall be— subject to the asserted security interest, or if not sider the debtor’s proposal; and ‘‘(i) the total amount which the debtor agrees a purchase-money security interest then listing ‘‘(B) the proposed alternative repayment to reaffirm, and by items or types and the original amount of the schedule was made prior to expiration of the 60- ‘‘(ii) the total of any other fees or cost accrued loan. day period specified in paragraph (1)(B)(i).’’. as of the date of the disclosure statement. ‘‘(H) At the election of the creditor, a state- (b) LIMITATION ON AVOIDABILITY.—Section 547 ‘‘(D) In conjunction with the disclosure of the ment of the repayment schedule using 1 or a of title 11, United States Code, is amended by ‘Amount Reaffirmed’, the statements— combination of the following— adding at the end the following: ‘‘(i) ‘The amount of debt you have agreed to ‘‘(i) by making the statement: ‘Your first pay- ‘‘(h) The trustee may not avoid a transfer if reaffirm’; and ment in the amount of $ is due on such transfer was made as a part of an alter- lll lll ‘‘(ii) ‘Your credit agreement may obligate you but the future payment amount may be dif- native repayment plan between the debtor and to pay additional amounts which may come due ferent. Consult your reaffirmation or credit any creditor of the debtor created by an ap- after the date of this disclosure. Consult your agreement, as applicable.’, and stating the proved credit counseling agency.’’. credit agreement.’. amount of the first payment and the due date of SEC. 202. EFFECT OF DISCHARGE. ‘‘(E) The ‘Annual Percentage Rate’, using that payment in the places provided; Section 524 of title 11, United States Code, is that term, which shall be disclosed as— ‘‘(ii) by making the statement: ‘Your payment amended by adding at the end the following: ‘‘(i) if, at the time the petition is filed, the schedule will be:’, and describing the repayment ‘‘(i) The willful failure of a creditor to credit debt is open end credit as defined under the schedule with the number, amount and due payments received under a plan confirmed Truth in Lending Act (15 U.S.C. 1601 et seq.), dates or period of payments scheduled to repay under this title (including a plan of reorganiza- then— the obligations reaffirmed to the extent then tion confirmed under chapter 11 of this title), ‘‘(I) the annual percentage rate determined known by the disclosing party; or unless the plan is dismissed, in default, or the under paragraphs (5) and (6) of section 127(b) of ‘‘(iii) by describing the debtor’s repayment ob- creditor has not received payments required to the Truth in Lending Act (15 U.S.C. 1637(b)(5) ligations with reasonable specificity to the ex- be made under the plan in the manner required and (6)), as applicable, as disclosed to the debtor tent then known by the disclosing party. by the plan (including crediting the amounts re- in the most recent periodic statement prior to ‘‘(I) The following statement: ‘Note: When quired under the plan), shall constitute a viola- the agreement or, if no such periodic statement this disclosure refers to what a creditor ‘may’ tion of an injunction under subsection (a)(2) if has been provided the debtor during the prior 6 do, it does not use the word ‘may’ to give the the act of the creditor to collect and failure to months, the annual percentage rate as it would creditor specific permission. The word ‘may’ is credit payments in the manner required by the have been so disclosed at the time the disclosure used to tell you what might occur if the law per- plan caused material injury to the debtor. ‘‘(j) Subsection (a)(2) does not operate as an statement is given the debtor, or to the extent mits the creditor to take the action. If you have injunction against an act by a creditor that is this annual percentage rate is not readily avail- questions about your reaffirmation or what the the holder of a secured claim, if— able or not applicable, then law requires, talk to the attorney who helped ‘‘(1) such creditor retains a security interest in ‘‘(II) the simple interest rate applicable to the you negotiate this agreement. If you don’t have real property that is the principal residence of amount reaffirmed as of the date the disclosure an attorney helping you, the judge will explain the debtor; statement is given to the debtor, or if different the effect of your reaffirmation when the reaf- ‘‘(2) such act is in the ordinary course of busi- simple interest rates apply to different balances, firmation hearing is held.’. ness between the creditor and the debtor; and the simple interest rate applicable to each such ‘‘(J)(i) The following additional statements: ‘‘(3) such act is limited to seeking or obtaining balance, identifying the amount of each such ‘‘ ‘Reaffirming a debt is a serious financial de- periodic payments associated with a valid secu- balance included in the amount reaffirmed, or cision. The law requires you to take certain rity interest in lieu of pursuit of in rem relief to ‘‘(III) if the entity making the disclosure steps to make sure the decision is in your best enforce the lien.’’. elects, to disclose the annual percentage rate interest. If these steps are not completed, the re- SEC. 203. DISCOURAGING ABUSE OF REAFFIRMA- under subclause (I) and the simple interest rate affirmation agreement is not effective, even TION PRACTICES. under subclause (II); though you have signed it. (a) IN GENERAL.—Section 524 of title 11, ‘‘(ii) if, at the time the petition is filed, the ‘‘ ‘1. Read the disclosures in this Part A care- United States Code, as amended by this Act, is debt is closed end credit as defined under the fully. Consider the decision to reaffirm care- amended— Truth in Lending Act (15 U.S.C. 1601 et seq.), fully. Then, if you want to reaffirm, sign the re- (1) in subsection (c), by striking paragraph (2) then— affirmation agreement in Part B (or you may and inserting the following: ‘‘(I) the annual percentage rate under section use a separate agreement you and your creditor ‘‘(2) the debtor received the disclosures de- 128(a)(4) of the Truth in Lending Act (15 U.S.C. agree on). scribed in subsection (k) at or before the time at 1638(a)(4)), as disclosed to the debtor in the most ‘‘ ‘2. Complete and sign Part D and be sure which the debtor signed the agreement;’’; recent disclosure statement given the debtor you can afford to make the payments you are (2) by adding at the end the following: prior to the reaffirmation agreement with re- agreeing to make and have received a copy of ‘‘(k)(1) The disclosures required under sub- spect to the debt, or, if no such disclosure state- the disclosure statement and a completed and section (c)(2) shall consist of the disclosure ment was provided the debtor, the annual per- signed reaffirmation agreement.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00144 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22301 ‘‘ ‘3. If you were represented by an attorney ‘‘(4) The form of reaffirmation agreement re- by an attorney.). I (we), the debtor, affirm the during the negotiation of the reaffirmation quired under this paragraph shall consist of the following to be true and correct: agreement, the attorney must have signed the following: ‘‘ ‘I am not represented by an attorney in con- certification in Part C. ‘‘ ‘Part B: Reaffirmation Agreement. I/we nection with this reaffirmation agreement. ‘‘ ‘4. If you were not represented by an attor- agree to reaffirm the obligations arising under ‘‘ ‘I believe this agreement is in my best inter- ney during the negotiation of the reaffirmation the credit agreement described below. est based on the income and expenses I have dis- agreement, you must have completed and signed ‘‘ ‘Brief description of credit agreement: closed in my Statement in Support of this reaf- Part E. ‘‘ ‘Description of any changes to the credit firmation agreement above, and because (pro- ‘‘ ‘5. The original of this disclosure must be agreement made as part of this reaffirmation vide any additional relevant reasons the court filed with the court by you or your creditor. If agreement: should consider): a separate reaffirmation agreement (other than ‘‘ ‘Signature: Date: ‘‘ ‘Therefore, I ask the court for an order ap- the one in Part B) has been signed, it must be ‘‘ ‘Borrower: proving this reaffirmation agreement.’. attached. ‘‘ ‘Co-borrower, if also reaffirming: ‘‘(8) The court order, which may be used to ‘‘ ‘6. If you were represented by an attorney ‘‘ ‘Accepted by creditor: approve a reaffirmation, shall consist of the fol- during the negotiation of the reaffirmation ‘‘ ‘Date of creditor acceptance:’. lowing: agreement, your reaffirmation agreement be- ‘‘(5)(A) The declaration shall consist of the ‘‘ ‘Court Order: The court grants the debtor’s comes effective upon filing with the court unless following: motion and approves the reaffirmation agree- the reaffirmation is presumed to be an undue ‘‘ ‘Part C: Certification by Debtor’s Attorney ment described above.’. ‘‘(9) Subsection (a)(2) does not operate as an hardship as explained in Part D. (If Any). injunction against an act by a creditor that is ‘‘ ‘7. If you were not represented by an attor- ‘‘ ‘I hereby certify that (1) this agreement rep- ney during the negotiation of the reaffirmation the holder of a secured claim, if— resents a fully informed and voluntary agree- ‘‘(A) such creditor retains a security interest agreement, it will not be effective unless the ment by the debtor(s); (2) this agreement does court approves it. The court will notify you of in real property that is the debtor’s principal not impose an undue hardship on the debtor or residence; the hearing on your reaffirmation agreement. any dependent of the debtor; and (3) I have You must attend this hearing in bankruptcy ‘‘(B) such act is in the ordinary course of fully advised the debtor of the legal effect and business between the creditor and the debtor; court where the judge will review your agree- consequences of this agreement and any default ment. The bankruptcy court must approve the and under this agreement. ‘‘(C) such act is limited to seeking or obtain- agreement as consistent with your best interests, ‘‘ ‘Signature of Debtor’s Attorney: Date:’. except that no court approval is required if the ing periodic payments associated with a valid ‘‘(B) In the case of reaffirmations in which a security interest in lieu of pursuit of in rem re- agreement is for a consumer debt secured by a presumption of undue hardship has been estab- mortgage, deed of trust, security deed or other lief to enforce the lien. lished, the certification shall state that in the ‘‘(l) Notwithstanding any other provision of lien on your real property, like your home. opinion of the attorney, the debtor is able to ‘‘ ‘Your right to rescind a reaffirmation. You this title: make the payment. may rescind (cancel) your reaffirmation at any ‘‘(1) A creditor may accept payments from a ‘‘(C) In the case of a reaffirmation agreement time before the bankruptcy court enters a dis- debtor before and after the filing of a reaffirma- under subsection (m)(2), subparagraph (B) is charge order or within 60 days after the agree- tion agreement with the court. not applicable. ‘‘(2) A creditor may accept payments from a ment is filed with the court, whichever is longer. ‘‘(6)(A) The statement in support of reaffirma- debtor under a reaffirmation agreement which To rescind or cancel, you must notify the cred- tion agreement, which the debtor shall sign and the creditor believes in good faith to be effective. itor that the agreement is canceled. ‘‘(3) The requirements of subsections (c)(2) ‘‘ ‘What are your obligations if you reaffirm date prior to filing with the court, shall consist and (k) shall be satisfied if disclosures required the debt? A reaffirmed debt remains your per- of the following: under those subsections are given in good faith. sonal legal obligation. It is not discharged in ‘‘ ‘Part D: Debtor’s Statement in Support of ‘‘(m)(1) Until 60 days after a reaffirmation your bankruptcy. That means that if you de- Reaffirmation Agreement. agreement is filed with the court (or such addi- fault on your reaffirmed debt after your bank- ‘‘ ‘1. I believe this agreement will not impose tional period as the court, after notice and hear- ruptcy is over, your creditor may be able to take an undue hardship on my dependents or me. I ing and for cause, orders before the expiration your property or your wages. Otherwise, your can afford to make the payments on the re- of such period), it shall be presumed that the re- obligations will be determined by the reaffirma- affirmed debt because my monthly income (take affirmation agreement is an undue hardship on tion agreement which may have changed the home pay plus any other income received) is the debtor if the debtor’s monthly income less terms of the original agreement. For example, if $lll, and my actual current monthly ex- the debtor’s monthly expenses as shown on the you are reaffirming an open end credit agree- penses including monthly payments on post- debtor’s completed and signed statement in sup- ment, the creditor may be permitted by that bankruptcy debt and other reaffirmation agree- port of the reaffirmation agreement required agreement or applicable law to change the terms ments total $lll, leaving $lll to make the under subsection (k)(6)(A) is less than the of the agreement in the future under certain required payments on this reaffirmed debt. I un- scheduled payments on the reaffirmed debt. This conditions. derstand that if my income less my monthly ex- ‘‘ ‘Are you required to enter into a reaffirma- penses does not leave enough to make the pay- presumption shall be reviewed by the court. The tion agreement by any law? No, you are not re- ments, this reaffirmation agreement is presumed presumption may be rebutted in writing by the quired to reaffirm a debt by any law. Only agree to be an undue hardship on me and must be re- debtor if the statement includes an explanation to reaffirm a debt if it is in your best interest. viewed by the court. However, this presumption which identifies additional sources of funds to Be sure you can afford the payments you agree may be overcome if I explain to the satisfaction make the payments as agreed upon under the to make. of the court how I can afford to make the pay- terms of the reaffirmation agreement. If the pre- ‘‘ ‘What if your creditor has a security interest ments here: lll. sumption is not rebutted to the satisfaction of or lien? Your bankruptcy discharge does not ‘‘ ‘2. I received a copy of the Reaffirmation the court, the court may disapprove the agree- eliminate any lien on your property. A ‘‘lien’’ is Disclosure Statement in Part A and a completed ment. No agreement shall be disapproved with- often referred to as a security interest, deed of and signed reaffirmation agreement.’. out notice and hearing to the debtor and cred- trust, mortgage or security deed. Even if you do ‘‘(B) Where the debtor is represented by coun- itor and such hearing shall be concluded before not reaffirm and your personal liability on the sel and is reaffirming a debt owed to a creditor the entry of the debtor’s discharge. debt is discharged, because of the lien your defined in section 19(b)(1)(A)(iv) of the Federal ‘‘(2) This subsection does not apply to reaffir- creditor may still have the right to take the se- Reserve Act (12 U.S.C. 461(b)(1)(A)(iv)), the mation agreements where the creditor is a credit curity property if you do not pay the debt or de- statement of support of the reaffirmation agree- union, as defined in section 19(b)(1)(A)(iv) of fault on it. If the lien is on an item of personal ment, which the debtor shall sign and date prior the Federal Reserve Act (12 U.S.C. property that is exempt under your State’s law to filing with the court, shall consist of the fol- 461(b)(1)(A)(iv)).’’. (b) LAW ENFORCEMENT.— or that the trustee has abandoned, you may be lowing: (1) IN GENERAL.—Chapter 9 of title 18, United able to redeem the item rather than reaffirm the ‘‘ ‘I believe this agreement is in my financial States Code, is amended by adding at the end debt. To redeem, you make a single payment to interest. I can afford to make the payments on the following: the creditor equal to the current value of the se- the reaffirmed debt. I received a copy of the Re- curity property, as agreed by the parties or de- affirmation Disclosure Statement in Part A and ‘‘§ 158. Designation of United States attorneys termined by the court.’. a completed and signed reaffirmation agree- and agents of the Federal Bureau of Inves- ‘‘(ii) In the case of a reaffirmation under sub- ment.’ tigation to address abusive reaffirmations section (m)(2), numbered paragraph 6 in the dis- ‘‘(7) The motion, which may be used if ap- of debt and materially fraudulent state- closures required by clause (i) of this subpara- proval of the agreement by the court is required ments in bankruptcy schedules graph shall read as follows: in order for it to be effective and shall be signed ‘‘(a) IN GENERAL.—The Attorney General of ‘‘ ‘6. If you were represented by an attorney and dated by the moving party, shall consist of the United States shall designate the individuals during the negotiation of the reaffirmation the following: described in subsection (b) to have primary re- agreement, your reaffirmation agreement be- ‘‘ ‘Part E: Motion for Court Approval (To be sponsibility in carrying out enforcement activi- comes effective upon filing with the court.’. completed only where debtor is not represented ties in addressing violations of section 152 or 157

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00145 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22302 CONGRESSIONAL RECORD—HOUSE October 11, 2000 relating to abusive reaffirmations of debt. In ad- (3) in paragraph (2), as redesignated, by strik- (4) in section 1222(b)— dition to addressing the violations referred to in ing ‘‘First’’ and inserting ‘‘Second’’; (A) by redesignating paragraph (11) as para- the preceding sentence, the individuals de- (4) in paragraph (3), as redesignated, by strik- graph (12); and scribed under subsection (b) shall address viola- ing ‘‘Second’’ and inserting ‘‘Third’’; (B) by inserting after paragraph (10) the fol- tions of section 152 or 157 relating to materially (5) in paragraph (4), as redesignated— lowing: fraudulent statements in bankruptcy schedules (A) by striking ‘‘Third’’ and inserting ‘‘(11) provide for the payment of interest ac- that are intentionally false or intentionally mis- ‘‘Fourth’’; and cruing after the date of the filing of the petition leading. (B) by striking the semicolon at the end and on unsecured claims that are nondischargeable ‘‘(b) UNITED STATES DISTRICT ATTORNEYS AND inserting a period; under section 1328(a), except that such interest AGENTS OF THE FEDERAL BUREAU OF INVESTIGA- (6) in paragraph (5), as redesignated, by strik- may be paid only to the extent that the debtor TION—The individuals referred to in subsection ing ‘‘Fourth’’ and inserting ‘‘Fifth’’; has disposable income available to pay such in- (a) are— (7) in paragraph (6), as redesignated, by strik- terest after making provision for full payment of ‘‘(1) a United States attorney for each judicial ing ‘‘Fifth’’ and inserting ‘‘Sixth’’; all allowed claims;’’; district of the United States; and (8) in paragraph (7), as redesignated, by strik- (5) in section 1225(a)— ‘‘(2) an agent of the Federal Bureau of Inves- ing ‘‘Sixth’’ and inserting ‘‘Seventh’’; and (A) in paragraph (5), by striking ‘‘and’’ at the tigation (within the meaning of section 3107) for (9) by inserting before paragraph (2), as redes- end; each field office of the Federal Bureau of Inves- ignated, the following: (B) in paragraph (6), by striking the period at tigation. ‘‘(1) First: the end and inserting ‘‘; and’’; and ‘‘(c) BANKRUPTCY INVESTIGATIONS.—Each ‘‘(A) Allowed unsecured claims for domestic (C) by adding at the end the following: United States attorney designated under this support obligations that, as of the date of the ‘‘(7) if the debtor is required by a judicial or section shall, in addition to any other respon- filing of the petition, are owed to or recoverable administrative order or statute to pay a domestic sibilities, have primary responsibility for car- by a spouse, former spouse, or child of the debt- support obligation, the debtor has paid all rying out the duties of a United States attorney or, or the parent, legal guardian, or responsible amounts payable under such order for such obli- under section 3057. relative of such child, without regard to wheth- gation that first become payable after the date ‘‘(d) BANKRUPTCY PROCEDURES.—The bank- er the claim is filed by such person or is filed by on which the petition is filed.’’; ruptcy courts shall establish procedures for re- a governmental unit on behalf of that person, (6) in section 1228(a), in the matter preceding ferring any case which may contain a materi- on the condition that funds received under this paragraph (1), by inserting ‘‘, and in the case of ally fraudulent statement in a bankruptcy paragraph by a governmental unit under this a debtor who is required by a judicial or admin- schedule to the individuals designated under title after the date of filing of the petition shall istrative order to pay a domestic support obliga- this section.’’. be applied and distributed in accordance with tion, after such debtor certifies that all amounts (2) CLERICAL AMENDMENT.—The analysis for applicable nonbankruptcy law. payable under such order or statute that are chapter 9 of title 18, United States Code, is ‘‘(B) Subject to claims under subparagraph due on or before the date of the certification (in- amended by adding at the end the following: (A), allowed unsecured claims for domestic sup- cluding amounts due before the petition was ‘‘158. Designation of United States attorneys port obligations that, as of the date the petition filed, but only to the extent provided for in the and agents of the Federal Bureau was filed are assigned by a spouse, former plan) have been paid’’ after ‘‘completion by the of Investigation to address abu- spouse, child of the debtor, or such child’s par- debtor of all payments under the plan’’; sive reaffirmations of debt and ent, legal guardian, or responsible relative to a (7) in section 1307(c)— materially fraudulent statements governmental unit (unless such obligation is as- (A) in paragraph (9), by striking ‘‘or’’ at the in bankruptcy schedules.’’. signed voluntarily by the spouse, former spouse, end; Subtitle B—Priority Child Support child, parent, legal guardian, or responsible rel- (B) in paragraph (10), by striking the period ative of the child for the purpose of collecting at the end and inserting ‘‘; or’’; and SEC. 211. DEFINITION OF DOMESTIC SUPPORT the debt) or are owed directly to or recoverable (C) by adding at the end the following: OBLIGATION. ‘‘(11) failure of the debtor to pay any domestic Section 101 of title 11, United States Code, is by a government unit under applicable non- support obligation that first becomes payable amended— bankruptcy law, on the condition that funds re- after the date on which the petition is filed.’’; (1) by striking paragraph (12A); and ceived under this paragraph by a governmental (2) by inserting after paragraph (14) the fol- unit under this title after the date of filing of (8) in section 1322(a)— (A) in paragraph (2), by striking ‘‘and’’ at the lowing: the petition be applied and distributed in ac- ‘‘(14A) ‘domestic support obligation’ means a cordance with applicable nonbankruptcy law.’’. end; debt that accrues before or after the entry of an SEC. 213. REQUIREMENTS TO OBTAIN CONFIRMA- (B) in paragraph (3), by striking the period at order for relief under this title, including inter- TION AND DISCHARGE IN CASES IN- the end and inserting ‘‘; and’’; and (C) by adding in the end the following: est that accrues on that debt as provided under VOLVING DOMESTIC SUPPORT OBLI- ‘‘(4) notwithstanding any other provision of applicable nonbankruptcy law notwithstanding GATIONS. this section, a plan may provide for less than any other provision of this title, that is— Title 11, United States Code, is amended— ‘‘(A) owed to or recoverable by— (1) in section 1129(a), by adding at the end the full payment of all amounts owed for a claim ‘‘(i) a spouse, former spouse, or child of the following: entitled to priority under section 507(a)(1)(B) debtor or such child’s parent, legal guardian, or ‘‘(14) If the debtor is required by a judicial or only if the plan provides that all of the debtor’s responsible relative; or administrative order or statute to pay a domestic projected disposable income for a 5-year period ‘‘(ii) a governmental unit; support obligation, the debtor has paid all beginning on the date that the first payment is ‘‘(B) in the nature of alimony, maintenance, amounts payable under such order or statute for due under the plan will be applied to make pay- or support (including assistance provided by a such obligation that first become payable after ments under the plan.’’; governmental unit) of such spouse, former the date on which the petition is filed.’’; (9) in section 1322(b)— spouse, or child of the debtor or such child’s (2) in section 1208(c)— (A) in paragraph (9), by striking ‘‘; and’’ and parent, without regard to whether such debt is (A) in paragraph (8), by striking ‘‘or’’ at the inserting a semicolon; expressly so designated; end; (B) by redesignating paragraph (10) as para- ‘‘(C) established or subject to establishment (B) in paragraph (9), by striking the period at graph (11); and before or after entry of an order for relief under the end and inserting ‘‘; and’’; and (C) inserting after paragraph (9) the fol- this title, by reason of applicable provisions of— (C) by adding at the end the following: lowing: ‘‘(i) a separation agreement, divorce decree, or ‘‘(10) failure of the debtor to pay any domestic ‘‘(10) provide for the payment of interest ac- property settlement agreement; support obligation that first becomes payable cruing after the date of the filing of the petition ‘‘(ii) an order of a court of record; or after the date on which the petition is filed.’’; on unsecured claims that are nondischargeable ‘‘(iii) a determination made in accordance (3) in section 1222(a)— under section 1328(a), except that such interest with applicable nonbankruptcy law by a gov- (A) in paragraph (2), by striking ‘‘and’’ at the may be paid only to the extent that the debtor ernmental unit; and end; has disposable income available to pay such in- ‘‘(D) not assigned to a nongovernmental enti- (B) in paragraph (3), by striking the period at terest after making provision for full payment of ty, unless that obligation is assigned voluntarily the end and inserting ‘‘; and’’; and all allowed claims; and’’; by the spouse, former spouse, child, or parent, (C) by adding at the end the following: (10) in section 1325(a) (as amended by this legal guardian, or responsible relative of the ‘‘(4) notwithstanding any other provision of Act), by adding at the end the following: child for the purpose of collecting the debt;’’. this section, a plan may provide for less than ‘‘(8) the debtor is required by a judicial or ad- SEC. 212. PRIORITIES FOR CLAIMS FOR DOMESTIC full payment of all amounts owed for a claim ministrative order or statute to pay a domestic SUPPORT OBLIGATIONS. entitled to priority under section 507(a)(1)(B) support obligation, the debtor has paid all Section 507(a) of title 11, United States Code, only if the plan provides that all of the debtor’s amounts payable under such order or statute for is amended— projected disposable income for a 5-year period, such obligation that first becomes payable after (1) by striking paragraph (7); beginning on the date that the first payment is the date on which the petition is filed; and’’; (2) by redesignating paragraphs (1) through due under the plan, will be applied to make (11) in section 1328(a), in the matter preceding (6) as paragraphs (2) through (7), respectively; payments under the plan.’’; paragraph (1), by inserting ‘‘, and in the case of

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00146 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22303 a debtor who is required by a judicial or admin- paragraph and inserting ‘‘of a kind that is spec- known address of a debtor in connection with a istrative order to pay a domestic support obliga- ified in section 523(a)(5); or’’; and request made under subparagraph (A) shall not tion, after such debtor certifies that all amounts (3) in subsection (g)(2), by striking ‘‘sub- be liable to the debtor or any other person by payable under such order or statute that are section (f)(2)’’ and inserting ‘‘subsection reason of making that disclosure.’’. due on or before the date of the certification (in- (f)(1)(B)’’. (b) DUTIES OF TRUSTEE UNDER CHAPTER 11.— cluding amounts due before the petition was SEC. 217. PROTECTION OF DOMESTIC SUPPORT Section 1106 of title 11, United States Code, is filed, but only to the extent provided for in the CLAIMS AGAINST PREFERENTIAL amended— plan) have been paid’’ after ‘‘completion by the TRANSFER MOTIONS. (1) in subsection (a)— debtor of all payments under the plan’’. Section 547(c)(7) of title 11, United States (A) in paragraph (6), by striking ‘‘and’’ at the SEC. 214. EXCEPTIONS TO AUTOMATIC STAY IN Code, is amended to read as follows: end; DOMESTIC SUPPORT OBLIGATION ‘‘(7) to the extent such transfer was a bona (B) in paragraph (7), by striking the period PROCEEDINGS. fide payment of a debt for a domestic support and inserting ‘‘; and’’; and Section 362(b) of title 11, United States Code, obligation;’’. (C) by adding at the end the following: is amended by striking paragraph (2) and insert- SEC. 218. DISPOSABLE INCOME DEFINED. ‘‘(8) if, with respect to an individual debtor, ing the following: (a) CONFIRMATION OF PLAN UNDER CHAPTER there is a claim for a domestic support obliga- ‘‘(2) under subsection (a)— 12.—Section 1225(b)(2)(A) of title 11, United tion, provide the applicable notification speci- ‘‘(A) of the commencement or continuation of States Code, is amended by inserting ‘‘or for a fied in subsection (c).’’; and a civil action or proceeding— domestic support obligation that first becomes (2) by adding at the end the following: ‘‘(i) for the establishment of paternity; payable after the date on which the petition is ‘‘(c)(1) In any case described in subsection ‘‘(ii) for the establishment or modification of filed’’ after ‘‘dependent of the debtor’’. (a)(7), the trustee shall— ‘‘(A)(i) notify in writing the holder of the an order for domestic support obligations; (b) CONFIRMATION OF PLAN UNDER CHAPTER ‘‘(iii) concerning child custody or visitation; 13.—Section 1325(b)(2)(A) of title 11, United claim of the right of that holder to use the serv- ‘‘(iv) for the dissolution of a marriage, except States Code, is amended by inserting ‘‘or for a ices of a State child support enforcement agency to the extent that such proceeding seeks to de- domestic support obligation that first becomes established under sections 464 and 466 of the So- termine the division of property that is property payable after the date on which the petition is cial Security Act (42 U.S.C. 664, 666) for the of the estate; or filed’’ after ‘‘dependent of the debtor’’. State in which the holder resides; and ‘‘(v) regarding domestic violence; ‘‘(ii) include in the notice under this para- ‘‘(B) the collection of a domestic support obli- SEC. 219. COLLECTION OF CHILD SUPPORT. graph the address and telephone number of the gation from property that is not property of the (a) DUTIES OF TRUSTEE UNDER CHAPTER 7.— child support enforcement agency; and estate; Section 704 of title 11, United States Code, as ‘‘(B)(i) notify, in writing, the State child sup- ‘‘(C) with respect to the withholding of income amended by this Act, is amended— port agency (of the State in which the holder of that is property of the estate or property of the (1) in subsection (a)— the claim resides) of the claim; debtor for payment of a domestic support obliga- (A) in paragraph (8), by striking ‘‘and’’ at the ‘‘(ii) include in the notice under this para- tion under a judicial or administrative order; end; graph the name, address, and telephone number ‘‘(D) the withholding, suspension, or restric- (B) in paragraph (9), by striking the period of the holder of the claim; and tion of drivers’ licenses, professional and occu- and inserting a semicolon; and ‘‘(iii) at such time as the debtor is granted a pational licenses, and recreational licenses (C) by adding at the end the following: discharge under section 1141, notify the holder under State law, as specified in section ‘‘(10) if, with respect to an individual debtor, of the claim and the State child support agency 466(a)(16) of the Social Security Act (42 U.S.C. there is a claim for a domestic support obliga- of the State in which that holder resides of— 666(a)(16)); tion, provide the applicable notification speci- ‘‘(I) the granting of the discharge; ‘‘(E) the reporting of overdue support owed by fied in subsection (c); and’’; and ‘‘(II) the last recent known address of the a parent to any consumer reporting agency as (2) by adding at the end the following: debtor; specified in section 466(a)(7) of the Social Secu- ‘‘(c)(1) In any case described in subsection ‘‘(III) the last recent known name and ad- rity Act (42 U.S.C. 666(a)(7)); (a)(10), the trustee shall— dress of the debtor’s employer; and ‘‘(F) the interception of tax refunds, as speci- ‘‘(A)(i) notify in writing the holder of the ‘‘(IV) with respect to the debtor’s case, the fied in sections 464 and 466(a)(3) of the Social claim of the right of that holder to use the serv- name of each creditor that holds a claim that— Security Act (42 U.S.C. 664 and 666(a)(3)) or ices of a State child support enforcement agency ‘‘(aa) is not discharged under paragraph (2), under an analogous State law; or established under sections 464 and 466 of the So- (3), or (14) of section 523(a); or ‘‘(G) the enforcement of medical obligations as cial Security Act (42 U.S.C. 664, 666) for the ‘‘(bb) was reaffirmed by the debtor under sec- specified under title IV of the Social Security State in which the holder resides for assistance tion 524(c). Act (42 U.S.C. 601 et seq.);’’. in collecting child support during and after the ‘‘(2)(A) A holder of a claim or a State child SEC. 215. NONDISCHARGEABILITY OF CERTAIN bankruptcy procedures; support agency may request from a creditor de- DEBTS FOR ALIMONY, MAINTE- ‘‘(ii) include in the notice under this para- scribed in paragraph (1)(B)(iii)(IV) the last NANCE, AND SUPPORT. graph the address and telephone number of the known address of the debtor. Section 523 of title 11, United States Code, is child support enforcement agency; and ‘‘(B) Notwithstanding any other provision of amended— ‘‘(iii) include in the notice an explanation of law, a creditor that makes a disclosure of a last (1) in subsection (a)— the rights of the holder of the claim to payment known address of a debtor in connection with a (A) by striking paragraph (5) and inserting of the claim under this chapter; and request made under subparagraph (A) shall not the following: ‘‘(B)(i) notify in writing the State child sup- be liable to the debtor or any other person by ‘‘(5) for a domestic support obligation;’’; port agency of the State in which the holder of reason of making that disclosure.’’. (B) in paragraph (15)— the claim resides of the claim; (c) DUTIES OF TRUSTEE UNDER CHAPTER 12.— (i) by inserting ‘‘to a spouse, former spouse, or ‘‘(ii) include in the notice under this para- Section 1202 of title 11, United States Code, is child of the debtor and’’ before ‘‘not of the graph the name, address, and telephone number amended— kind’’; of the holder of the claim; and (1) in subsection (b)— (ii) by inserting ‘‘or’’ after ‘‘court of record,’’; ‘‘(iii) at such time as the debtor is granted a (A) in paragraph (4), by striking ‘‘and’’ at the and discharge under section 727, notify the holder of end; (iii) by striking ‘‘unless—’’ and all that fol- that claim and the State child support agency of (B) in paragraph (5), by striking the period lows through the end of the paragraph and in- the State in which that holder resides of— and inserting ‘‘; and’’; and serting a semicolon; and ‘‘(I) the granting of the discharge; (C) by adding at the end the following: (C) by striking paragraph (18); and ‘‘(II) the last recent known address of the ‘‘(6) if, with respect to an individual debtor, (2) in subsection (c), by striking ‘‘(6), or (15)’’ debtor; there is a claim for a domestic support obliga- each place it appears and inserting ‘‘or (6)’’. ‘‘(III) the last recent known name and ad- tion, provide the applicable notification speci- SEC. 216. CONTINUED LIABILITY OF PROPERTY. dress of the debtor’s employer; and fied in subsection (c).’’; and Section 522 of title 11, United States Code, is ‘‘(IV) with respect to the debtor’s case, the (2) by adding at the end the following: amended— name of each creditor that holds a claim that— ‘‘(c)(1) In any case described in subsection (1) in subsection (c), by striking paragraph (1) ‘‘(aa) is not discharged under paragraph (2), (b)(6), the trustee shall— and inserting the following: (4), or (14A) of section 523(a); or ‘‘(A)(i) notify in writing the holder of the ‘‘(1) a debt of a kind specified in paragraph ‘‘(bb) was reaffirmed by the debtor under sec- claim of the right of that holder to use the serv- (1) or (5) of section 523(a) (in which case, not- tion 524(c). ices of a State child support enforcement agency withstanding any provision of applicable non- ‘‘(2)(A) A holder of a claim or a State child established under sections 464 and 466 of the So- bankruptcy law to the contrary, such property support agency may request from a creditor de- cial Security Act (42 U.S.C. 664, 666) for the shall be liable for a debt of a kind specified in scribed in paragraph (1)(B)(iii)(IV) the last State in which the holder resides; and section 523(a)(5));’’; known address of the debtor. ‘‘(ii) include in the notice under this para- (2) in subsection (f)(1)(A), by striking the dash ‘‘(B) Notwithstanding any other provision of graph the address and telephone number of the and all that follows through the end of the sub- law, a creditor that makes a disclosure of a last child support enforcement agency; and

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00147 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22304 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘(B)(i) notify, in writing, the State child sup- request made under subparagraph (A) shall not (A) by striking ‘‘(d)(1)’’ and inserting ‘‘(d)’’; port agency (of the State in which the holder of be liable to the debtor or any other person by and the claim resides) of the claim; reason of making that disclosure.’’. (B) by striking paragraph (2); ‘‘(ii) include in the notice under this para- SEC. 220. NONDISCHARGEABILITY OF CERTAIN (5) in subsection (e)— graph the name, address, and telephone number EDUCATIONAL BENEFITS AND (A) by striking paragraph (2); and of the holder of the claim; and LOANS. (B) by adding at the end the following: ‘‘(iii) at such time as the debtor is granted a Section 523(a) of title 11, United States Code, ‘‘(2)(A) A bankruptcy petition preparer may discharge under section 1228, notify the holder is amended by striking paragraph (8) and insert- not offer a potential bankruptcy debtor any of the claim and the State child support agency ing the following: legal advice, including any legal advice de- of the State in which that holder resides of— ‘‘(8) unless excepting such debt from discharge scribed in subparagraph (B). ‘‘(I) the granting of the discharge; under this paragraph would impose an undue ‘‘(B) The legal advice referred to in subpara- ‘‘(II) the last recent known address of the hardship on the debtor and the debtor’s depend- graph (A) includes advising the debtor— debtor; ents, for— ‘‘(i) whether— ‘‘(III) the last recent known name and ad- ‘‘(A)(i) an educational benefit overpayment or ‘‘(I) to file a petition under this title; or dress of the debtor’s employer; and loan made, insured, or guaranteed by a govern- ‘‘(II) commencing a case under chapter 7, 11, ‘‘(IV) with respect to the debtor’s case, the mental unit, or made under any program funded 12, or 13 is appropriate; name of each creditor that holds a claim that— in whole or in part by a governmental unit or ‘‘(ii) whether the debtor’s debts will be elimi- ‘‘(aa) is not discharged under paragraph (2), nonprofit institution; or nated or discharged in a case under this title; (4), or (14) of section 523(a); or ‘‘(ii) an obligation to repay funds received as ‘‘(iii) whether the debtor will be able to retain ‘‘(bb) was reaffirmed by the debtor under sec- an educational benefit, scholarship, or stipend; the debtor’s home, car, or other property after tion 524(c). or commencing a case under this title; ‘‘(2)(A) A holder of a claim or a State child ‘‘(B) any other educational loan that is a ‘‘(iv) concerning— support agency may request from a creditor de- qualified education loan, as that term is defined ‘‘(I) the tax consequences of a case brought scribed in paragraph (1)(B)(iii)(IV) the last in section 221(e)(1) of the Internal Revenue Code under this title; or known address of the debtor. of 1986, incurred by an individual debtor;’’. ‘‘(II) the dischargeability of tax claims; ‘‘(B) Notwithstanding any other provision of Subtitle C—Other Consumer Protections ‘‘(v) whether the debtor may or should prom- law, a creditor that makes a disclosure of a last SEC. 221. AMENDMENTS TO DISCOURAGE ABU- ise to repay debts to a creditor or enter into a re- known address of a debtor in connection with a SIVE BANKRUPTCY FILINGS. affirmation agreement with a creditor to reaf- request made under subparagraph (A) shall not Section 110 of title 11, United States Code, is firm a debt; be liable to the debtor or any other person by amended— ‘‘(vi) concerning how to characterize the na- reason of making that disclosure.’’. (1) in subsection (a)(1), by striking ‘‘a person, ture of the debtor’s interests in property or the (d) DUTIES OF TRUSTEE UNDER CHAPTER 13.— other than an attorney or an employee of an at- debtor’s debts; or Section 1302 of title 11, United States Code, is torney’’ and inserting ‘‘the attorney for the ‘‘(vii) concerning bankruptcy procedures and amended— debtor or an employee of such attorney under rights.’’; (1) in subsection (b)— the direct supervision of such attorney’’; (6) in subsection (f)— (A) in paragraph (4), by striking ‘‘and’’ at the (2) in subsection (b)— (A) by striking ‘‘(f)(1)’’ and inserting ‘‘(f)’’; end; (A) in paragraph (1), by adding at the end the and (B) in paragraph (5), by striking the period following: ‘‘If a bankruptcy petition preparer is (B) by striking paragraph (2); and inserting ‘‘; and’’; and not an individual, then an officer, principal, re- (7) in subsection (g)— (C) by adding at the end the following: sponsible person, or partner of the preparer (A) by striking ‘‘(g)(1)’’ and inserting ‘‘(g)’’; ‘‘(6) if, with respect to an individual debtor, shall be required to— and there is a claim for a domestic support obliga- ‘‘(A) sign the document for filing; and (B) by striking paragraph (2); tion, provide the applicable notification speci- ‘‘(B) print on the document the name and ad- (8) in subsection (h)— fied in subsection (d).’’; and dress of that officer, principal, responsible per- (A) by redesignating paragraphs (1) through (2) by adding at the end the following: son or partner.’’; and (4) as paragraphs (2) through (5), respectively; ‘‘(d)(1) In any case described in subsection (B) by striking paragraph (2) and inserting (B) by inserting before paragraph (2), as re- (b)(6), the trustee shall— the following: designated, the following: ‘‘(A)(i) notify in writing the holder of the ‘‘(2)(A) Before preparing any document for fil- ‘‘(1) The Supreme Court may promulgate rules claim of the right of that holder to use the serv- ing or accepting any fees from a debtor, the under section 2075 of title 28, or the Judicial ices of a State child support enforcement agency bankruptcy petition preparer shall provide to Conference of the United States may prescribe established under sections 464 and 466 of the So- the debtor a written notice to debtors concerning guidelines, for setting a maximum allowable fee cial Security Act (42 U.S.C. 664, 666) for the bankruptcy petition preparers, which shall be chargeable by a bankruptcy petition preparer. A State in which the holder resides; and on an official form issued by the Judicial Con- bankruptcy petition preparer shall notify the ‘‘(ii) include in the notice under this para- ference of the United States. debtor of any such maximum amount before pre- graph the address and telephone number of the ‘‘(B) The notice under subparagraph (A)— paring any document for filing for a debtor or child support enforcement agency; and ‘‘(i) shall inform the debtor in simple language accepting any fee from the debtor.’’; ‘‘(B)(i) notify in writing the State child sup- that a bankruptcy petition preparer is not an (C) in paragraph (2), as redesignated— port agency of the State in which the holder of attorney and may not practice law or give legal (i) by striking ‘‘Within 10 days after the date the claim resides of the claim; advice; of filing a petition, a bankruptcy petition pre- ‘‘(ii) include in the notice under this para- ‘‘(ii) may contain a description of examples of parer shall file a’’ and inserting ‘‘A’’; graph the name, address, and telephone number legal advice that a bankruptcy petition preparer (ii) by inserting ‘‘by the bankruptcy petition of the holder of the claim; and is not authorized to give, in addition to any ad- preparer shall be filed together with the peti- ‘‘(iii) at such time as the debtor is granted a vice that the preparer may not give by reason of tion,’’ after ‘‘perjury’’; and discharge under section 1328, notify the holder subsection (e)(2); and (iii) by adding at the end the following: ‘‘If of the claim and the State child support agency ‘‘(iii) shall— rules or guidelines setting a maximum fee for of the State in which that holder resides of— ‘‘(I) be signed by— services have been promulgated or prescribed ‘‘(I) the granting of the discharge; ‘‘(aa) the debtor; and under paragraph (1), the declaration under this ‘‘(II) the last recent known address of the ‘‘(bb) the bankruptcy petition preparer, under paragraph shall include a certification that the debtor; penalty of perjury; and bankruptcy petition preparer complied with the ‘‘(III) the last recent known name and ad- ‘‘(II) be filed with any document for filing.’’; notification requirement under paragraph (1).’’; dress of the debtor’s employer; and (3) in subsection (c)— (D) by striking paragraph (3), as redesignated, ‘‘(IV) with respect to the debtor’s case, the (A) in paragraph (2)— and inserting the following: name of each creditor that holds a claim that— (i) by striking ‘‘(2) For purposes’’ and insert- ‘‘(3)(A) The court shall disallow and order the ‘‘(aa) is not discharged under paragraph (2), ing ‘‘(2)(A) Subject to subparagraph (B), for immediate turnover to the bankruptcy trustee (4), or (14) of section 523(a); or purposes’’; and any fee referred to in paragraph (2) found to be ‘‘(bb) was reaffirmed by the debtor under sec- (ii) by adding at the end the following: in excess of the value of any services— tion 524(c). ‘‘(B) If a bankruptcy petition preparer is not ‘‘(i) rendered by the preparer during the 12- ‘‘(2)(A) A holder of a claim or a State child an individual, the identifying number of the month period immediately preceding the date of support agency may request from a creditor de- bankruptcy petition preparer shall be the Social filing of the petition; or scribed in paragraph (1)(B)(iii)(IV) the last Security account number of the officer, prin- ‘‘(ii) found to be in violation of any rule or known address of the debtor. cipal, responsible person, or partner of the pre- guideline promulgated or prescribed under para- ‘‘(B) Notwithstanding any other provision of parer.’’; and graph (1). law, a creditor that makes a disclosure of a last (B) by striking paragraph (3); ‘‘(B) All fees charged by a bankruptcy peti- known address of a debtor in connection with a (4) in subsection (d)— tion preparer may be forfeited in any case in

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00148 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22305 which the bankruptcy petition preparer fails to amount paid out of such appropriation for ex- qualify for exemption under paragraph (3)(C) or comply with this subsection or subsection (b), penses of the operation and maintenance of the subsection (d)(12) by reason of that direct trans- (c), (d), (e), (f), or (g). courts of the United States.’’. fer. ‘‘(C) An individual may exempt any funds re- SEC. 222. SENSE OF CONGRESS. ‘‘(D)(i) Any distribution that qualifies as an covered under this paragraph under section It is the sense of Congress that States should eligible rollover distribution within the meaning 522(b).’’; and develop curricula relating to the subject of per- of section 402(c) of the Internal Revenue Code of (E) in paragraph (4), as redesignated, by sonal finance, designed for use in elementary 1986 or that is described in clause (ii) shall not striking ‘‘or the United States trustee’’ and in- and secondary schools. cease to qualify for exemption under paragraph (3)(C) or subsection (d)(12) by reason of that dis- serting ‘‘the United States trustee, the bank- SEC. 223. ADDITIONAL AMENDMENTS TO TITLE 11, ruptcy administrator, or the court, on the initia- UNITED STATES CODE. tribution. tive of the court,’’; Section 507(a) of title 11, United States Code, ‘‘(ii) A distribution described in this clause is (9) in subsection (i)(1), by striking the matter is amended by inserting after paragraph (9) the an amount that— ‘‘(I) has been distributed from a fund or ac- preceding subparagraph (A) and inserting the following: following: ‘‘(10) Tenth, allowed claims for death or per- count that is exempt from taxation under sec- ‘‘(i)(1) If a bankruptcy petition preparer vio- sonal injuries resulting from the operation of a tion 401, 403, 408, 408A, 414, 457, or 501(a) of the lates this section or commits any act that the motor vehicle or vessel if such operation was un- Internal Revenue Code of 1986; and ‘‘(II) to the extent allowed by law, is deposited court finds to be fraudulent, unfair, or decep- lawful because the debtor was intoxicated from in such a fund or account not later than 60 days tive, on motion of the debtor, trustee, United using alcohol, a drug, or another substance.’’. after the distribution of that amount.’’; and States trustee, or bankruptcy administrator, and SEC. 224. PROTECTION OF RETIREMENT SAVINGS after the court holds a hearing with respect to (2) in subsection (d)— IN BANKRUPTCY. (A) in the matter preceding paragraph (1), by that violation or act, the court shall order the (a) IN GENERAL.—Section 522 of title 11, bankruptcy petition preparer to pay to the debt- striking ‘‘subsection (b)(1)’’ and inserting ‘‘sub- United States Code, is amended— section (b)(2)’’; and or—’’; (1) in subsection (b)— (10) in subsection (j)— (B) by adding at the end the following: (A) in paragraph (2)— ‘‘(12) Retirement funds to the extent that (A) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘and’’ at those funds are in a fund or account that is ex- (i) in subparagraph (A)(i)(I), by striking ‘‘a the end; empt from taxation under section 401, 403, 408, violation of which subjects a person to criminal (ii) in subparagraph (B), by striking the pe- 408A, 414, 457, or 501(a) of the Internal Revenue penalty’’; riod at the end and inserting ‘‘; and’’; Code of 1986.’’. (ii) in subparagraph (B)— (iii) by adding at the end the following: (b) AUTOMATIC STAY.—Section 362(b) of title (I) by striking ‘‘or has not paid a penalty’’ ‘‘(C) retirement funds to the extent that those 11, United States Code, is amended— and inserting ‘‘has not paid a penalty’’; and funds are in a fund or account that is exempt (1) in paragraph (17), by striking ‘‘or’’ at the (II) by inserting ‘‘or failed to disgorge all fees from taxation under section 401, 403, 408, 408A, end; ordered by the court’’ after ‘‘a penalty imposed 414, 457, or 501(a) of the Internal Revenue Code (2) in paragraph (18), by striking the period under this section,’’; of 1986.’’; and and inserting a semicolon; (B) by redesignating paragraph (3) as para- (iv) by striking ‘‘(2)(A) any property’’ and in- (3) by inserting after paragraph (18) the fol- graph (4); and serting: lowing: (C) by inserting after paragraph (2) the fol- ‘‘(3) Property listed in this paragraph is— ‘‘(19) under subsection (a), of withholding of lowing: ‘‘(A) any property’’; income from a debtor’s wages and collection of ‘‘(3) The court, as part of its contempt power, (B) by striking paragraph (1) and inserting: amounts withheld, under the debtor’s agreement may enjoin a bankruptcy petition preparer that ‘‘(2) Property listed in this paragraph is prop- authorizing that withholding and collection for has failed to comply with a previous order erty that is specified under subsection (d), un- the benefit of a pension, profit-sharing, stock issued under this section. The injunction under less the State law that is applicable to the debt- bonus, or other plan established under section this paragraph may be issued upon motion of or under paragraph (3)(A) specifically does not 401, 403, 408, 408A, 414, 457, or 501(a) of the In- the court, the trustee, the United States trustee, so authorize.’’; ternal Revenue Code of 1986, that is sponsored or the bankruptcy administrator.’’; and (C) by striking ‘‘(b) Notwithstanding’’ and in- by the employer of the debtor, or an affiliate, (11) by adding at the end the following: serting ‘‘(b)(1) Notwithstanding’’; successor, or predecessor of such employer— ‘‘(l)(1) A bankruptcy petition preparer who (D) by striking ‘‘paragraph (2)’’ each place it ‘‘(A) to the extent that the amounts withheld fails to comply with any provision of subsection appears and inserting ‘‘paragraph (3)’’; and collected are used solely for payments relat- (b), (c), (d), (e), (f), (g), or (h) may be fined not (E) by striking ‘‘paragraph (1)’’ each place it ing to a loan from a plan that satisfies the re- more than $500 for each such failure. appears and inserting ‘‘paragraph (2)’’; quirements of section 408(b)(1) of the Employee ‘‘(2) The court shall triple the amount of a (F) by striking ‘‘Such property is—’’; and Retirement Income Security Act of 1974 or is fine assessed under paragraph (1) in any case in (G) by adding at the end the following: subject to section 72(p) of the Internal Revenue which the court finds that a bankruptcy peti- ‘‘(4) For purposes of paragraph (3)(C) and Code of 1986; or tion preparer— subsection (d)(12), the following shall apply: ‘‘(B) in the case of a loan from a thrift sav- ‘‘(A) advised the debtor to exclude assets or ‘‘(A) If the retirement funds are in a retire- ings plan described in subchapter III of chapter income that should have been included on appli- ment fund that has received a favorable deter- 84 of title 5, that satisfies the requirements of cable schedules; mination under section 7805 of the Internal Rev- section 8433(g) of such title;’’; and ‘‘(B) advised the debtor to use a false Social enue Code of 1986, and that determination is in (4) by adding at the end of the flush material Security account number; effect as of the date of the commencement of the at the end of the subsection, the following: ‘‘(C) failed to inform the debtor that the debt- case under section 301, 302, or 303 of this title, ‘‘Nothing in paragraph (19) may be construed to or was filing for relief under this title; or those funds shall be presumed to be exempt from provide that any loan made under a govern- ‘‘(D) prepared a document for filing in a man- the estate. mental plan under section 414(d), or a contract ner that failed to disclose the identity of the ‘‘(B) If the retirement funds are in a retire- or account under section 403(b) of the Internal preparer. ment fund that has not received a favorable de- Revenue Code of 1986 constitutes a claim or a ‘‘(3) The debtor, the trustee, a creditor, the termination under such section 7805, those funds debt under this title.’’. United States trustee, or the bankruptcy admin- are exempt from the estate if the debtor dem- (c) EXCEPTIONS TO DISCHARGE.—Section istrator may file a motion for an order imposing onstrates that— 523(a) of title 11, United States Code, as amend- a fine on the bankruptcy petition preparer for ‘‘(i) no prior determination to the contrary ed by this Act, is amended by adding at the end each violation of this section. has been made by a court or the Internal Rev- the following: ‘‘(4)(A) Fines imposed under this subsection in enue Service; and ‘‘(18) owed to a pension, profit-sharing, stock judicial districts served by United States trustees ‘‘(ii)(I) the retirement fund is in substantial bonus, or other plan established under section shall be paid to the United States trustee, who compliance with the applicable requirements of 401, 403, 408, 408A, 414, 457, or 501(c) of the In- shall deposit an amount equal to such fines in the Internal Revenue Code of 1986; or ternal Revenue Code of 1986, under— a special account of the United States Trustee ‘‘(II) the retirement fund fails to be in sub- ‘‘(A) a loan permitted under section 408(b)(1) System Fund referred to in section 586(e)(2) of stantial compliance with the applicable require- of the Employee Retirement Income Security Act title 28. Amounts deposited under this subpara- ments of the Internal Revenue Code of 1986 and of 1974, or subject to section 72(p) of the Inter- graph shall be available to fund the enforcement the debtor is not materially responsible for that nal Revenue Code of 1986; or of this section on a national basis. failure. ‘‘(B) a loan from the thrift savings plan de- ‘‘(B) Fines imposed under this subsection in ‘‘(C) A direct transfer of retirement funds from scribed in subchapter III of chapter 84 of title 5, judicial districts served by bankruptcy adminis- 1 fund or account that is exempt from taxation that satisfies the requirements of section 8433(g) trators shall be deposited as offsetting receipts under section 401, 403, 408, 408A, 414, 457, or of such title. to the fund established under section 1931 of 501(a) of the Internal Revenue Code of 1986, Nothing in paragraph (18) may be construed to title 28, and shall remain available until ex- under section 401(a)(31) of the Internal Revenue provide that any loan made under a govern- pended to reimburse any appropriation for the Code of 1986, or otherwise, shall not cease to mental plan under section 414(d), or a contract

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00149 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22306 CONGRESSIONAL RECORD—HOUSE October 11, 2000 or account under section 403(b), of the Internal the education expenditure category of the Con- SEC. 227. RESTRICTIONS ON DEBT RELIEF AGEN- Revenue Code of 1986 constitutes a claim or a sumer Price Index prepared by the Department CIES. debt under this title.’’. of Labor; and (a) ENFORCEMENT.—Subchapter II of chapter (d) PLAN CONTENTS.—Section 1322 of title 11, ‘‘(C) in the case of funds paid or contributed 5 of title 11, United States Code, is amended by United States Code, is amended by adding at the to such program having the same designated adding at the end the following: end the following: beneficiary not earlier than 720 days nor later ‘‘§ 526. Restrictions on debt relief agencies ‘‘(f) A plan may not materially alter the terms than 365 days before such date, only so much of ‘‘(a) A debt relief agency shall not— of a loan described in section 362(b)(19) and any such funds as does not exceed $5,000;’’; and ‘‘(1) fail to perform any service that such amounts required to repay such loan shall not (2) by adding at the end the following: agency informed an assisted person or prospec- constitute ‘disposable income’ under section ‘‘(e) In determining whether any of the rela- tive assisted person it would provide in connec- 1325.’’. tionships specified in paragraph (5)(A) or (6)(A) tion with a case or proceeding under this title; (e) ASSET LIMITATION.—Section 522 of title 11, of subsection (b) exists, a legally adopted child ‘‘(2) make any statement, or counsel or advise United States Code, is amended by adding at the of an individual (and a child who is a member end the following: any assisted person or prospective assisted per- of an individual’s household, if placed with son to make a statement in a document filed in ‘‘(n) For assets in individual retirement ac- such individual by an authorized placement counts described in section 408 or 408A of the In- a case or proceeding under this title, that is un- agency for legal adoption by such individual), true and misleading, or that upon the exercise ternal Revenue Code of 1986, other than a sim- or a foster child of an individual (if such child plified employee pension under section 408(k) of of reasonable care, should have been known by has as the child’s principal place of abode the such agency to be untrue or misleading; that Code or a simple retirement account under home of the debtor and is a member of the debt- section 408(p) of that Code, the aggregate value ‘‘(3) misrepresent to any assisted person or or’s household) shall be treated as a child of prospective assisted person, directly or indi- of such assets exempted under this section, such individual by blood.’’. without regard to amounts attributable to roll- rectly, affirmatively or by material omission, (b) DEBTOR’S DUTIES.—Section 521 of title 11, over contributions under section 402(c), with respect to— United States Code, as amended by this Act, is 402(e)(6), 403(a)(4), 403(a)(5), and 403(b)(8) of ‘‘(i) the services that such agency will provide amended by adding at the end the following: the Internal Revenue Code of 1986, and earnings to such person; or ‘‘(c) In addition to meeting the requirements thereon, shall not exceed $1,000,000 (which ‘‘(ii) the benefits and risks that may result if under subsection (a), a debtor shall file with the amount shall be adjusted as provided in section such person becomes a debtor in a case under court a record of any interest that a debtor has 104 of this title) in a case filed by an individual this title; or in an education individual retirement account debtor, except that such amount may be in- ‘‘(4) advise an assisted person or prospective (as defined in section 530(b)(1) of the Internal creased if the interests of justice so require.’’. assisted person to incur more debt in contempla- Revenue Code of 1986) or under a qualified State tion of such person filing a case under this title SEC. 225. PROTECTION OF EDUCATION SAVINGS tuition program (as defined in section 529(b)(1) IN BANKRUPTCY. or to pay an attorney or bankruptcy petition of such Code).’’. (a) EXCLUSIONS.—Section 541 of title 11, preparer fee or charge for services performed as United States Code, is amended— SEC. 226. DEFINITIONS. part of preparing for or representing a debtor in (1) in subsection (b)— (a) DEFINITIONS.—Section 101 of title 11, a case under this title. (A) in paragraph (4), by striking ‘‘or’’ at the United States Code, is amended— ‘‘(b) Any waiver by any assisted person of any end; (1) by inserting after paragraph (2) the fol- protection or right provided under this section (B) by redesignating paragraph (5) as para- lowing: shall not be enforceable against the debtor by graph (10); and ‘‘(3) ‘assisted person’ means any person whose any Federal or State court or any other person, (C) by inserting after paragraph (4) the fol- debts consist primarily of consumer debts and but may be enforced against a debt relief agen- lowing: whose non-exempt assets are less than cy. ‘‘(5) funds placed in an education individual $150,000;’’; ‘‘(c)(1) Any contract for bankruptcy assist- retirement account (as defined in section (2) by inserting after paragraph (4) the fol- ance between a debt relief agency and an as- 530(b)(1) of the Internal Revenue Code of 1986) lowing: sisted person that does not comply with the ma- terial requirements of this section, section 527, not later than 365 days before the date of filing ‘‘(4A) ‘bankruptcy assistance’ means any or section 528 shall be void and may not be en- of the petition, but— goods or services sold or otherwise provided to forced by any Federal or State court or by any ‘‘(A) only if the designated beneficiary of such an assisted person with the express or implied other person, other than such assisted person. account was a son, daughter, stepson, step- purpose of providing information, advice, coun- ‘‘(2) Any debt relief agency shall be liable to daughter, grandchild, or step-grandchild of the sel, document preparation, or filing, or attend- an assisted person in the amount of any fees or debtor for the taxable year for which funds were ance at a creditors’ meeting or appearing in a charges in connection with providing bank- placed in such account; proceeding on behalf of another or providing ruptcy assistance to such person that such debt ‘‘(B) only to the extent that such funds— legal representation with respect to a case or relief agency has received, for actual damages, ‘‘(i) are not pledged or promised to any entity proceeding under this title;’’; and and for reasonable attorneys’ fees and costs if in connection with any extension of credit; and (3) by inserting after paragraph (12) the fol- such agency is found, after notice and hearing, ‘‘(ii) are not excess contributions (as described lowing: in section 4973(e) of the Internal Revenue Code to have— ‘‘(12A) ‘debt relief agency’ means any person of 1986); and ‘‘(A) intentionally or negligently failed to who provides any bankruptcy assistance to an ‘‘(C) in the case of funds placed in all such comply with any provision of this section, sec- assisted person in return for the payment of accounts having the same designated bene- tion 527, or section 528 with respect to a case or money or other valuable consideration, or who ficiary not earlier than 720 days nor later than proceeding under this title for such assisted per- is a bankruptcy petition preparer under section 365 days before such date, only so much of such son; 110, but does not include— funds as does not exceed $5,000; ‘‘(B) provided bankruptcy assistance to an as- ‘‘(6) funds used to purchase a tuition credit or ‘‘(A) any person that is an officer, director, sisted person in a case or proceeding under this certificate or contributed to an account in ac- employee or agent of that person; title that is dismissed or converted to a case cordance with section 529(b)(1)(A) of the Inter- ‘‘(B) a nonprofit organization which is exempt under another chapter of this title because of nal Revenue Code of 1986 under a qualified from taxation under section 501(c)(3) of the In- such agency’s intentional or negligent failure to State tuition program (as defined in section ternal Revenue Code of 1986; file any required document including those spec- 529(b)(1) of such Code) not later than 365 days ‘‘(C) a creditor of the person, to the extent ified in section 521; or before the date of filing of the petition, but— that the creditor is assisting the person to re- ‘‘(C) intentionally or negligently disregarded ‘‘(A) only if the designated beneficiary of the structure any debt owed by the person to the the material requirements of this title or the amounts paid or contributed to such tuition pro- creditor; Federal Rules of Bankruptcy Procedure applica- gram was a son, daughter, stepson, step- ‘‘(D) a depository institution (as defined in ble to such agency. daughter, grandchild, or step-grandchild of the section 3 of the Federal Deposit Insurance Act) ‘‘(3) In addition to such other remedies as are debtor for the taxable year for which funds were or any Federal credit union or State credit provided under State law, whenever the chief paid or contributed; union (as those terms are defined in section 101 law enforcement officer of a State, or an official ‘‘(B) with respect to the aggregate amount of the Federal Credit Union Act), or any affil- or agency designated by a State, has reason to paid or contributed to such program having the iate or subsidiary of such a depository institu- believe that any person has violated or is vio- same designated beneficiary, only so much of tion or credit union; or lating this section, the State— such amount as does not exceed the total con- ‘‘(E) an author, publisher, distributor, or sell- ‘‘(A) may bring an action to enjoin such viola- tributions permitted under section 529(b)(7) of er of works subject to copyright protection tion; such Code with respect to such beneficiary, as under title 17, when acting in such capacity.’’. ‘‘(B) may bring an action on behalf of its resi- adjusted beginning on the date of the filing of (b) CONFORMING AMENDMENT.—Section dents to recover the actual damages of assisted the petition by the annual increase or decrease 104(b)(1) of title 11, United States Code, is persons arising from such violation, including (rounded to the nearest tenth of 1 percent) in amended by inserting ‘‘101(3),’’ after ‘‘sections’’. any liability under paragraph (2); and

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00150 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22307 ‘‘(C) in the case of any successful action the notices required under subsection (a)(1) with specified in section 707(b)(2)) and, in a chapter under subparagraph (A) or (B), shall be award- the following statement, to the extent applica- 13 case, how to determine disposable income in ed the costs of the action and reasonable attor- ble, or one substantially similar. The statement accordance with section 707(b)(2) and related ney fees as determined by the court. shall be clear and conspicuous and shall be in calculations; ‘‘(4) The United States District Court for any a single document separate from other docu- ‘‘(2) how to complete the list of creditors, in- district located in the State shall have concur- ments or notices provided to the assisted person: cluding how to determine what amount is owed rent jurisdiction of any action under subpara- ‘‘ ‘IMPORTANT INFORMATION ABOUT and what address for the creditor should be graph (A) or (B) of paragraph (3). BANKRUPTCY ASSISTANCE SERVICES shown; and ‘‘(5) Notwithstanding any other provision of FROM AN ATTORNEY OR BANKRUPTCY PE- ‘‘(3) how to determine what property is exempt Federal law and in addition to any other rem- TITION PREPARER. and how to value exempt property at replace- edy provided under Federal or State law, if the ‘‘ ‘If you decide to seek bankruptcy relief, you ment value as defined in section 506 of this title. court, on its own motion or on motion of the can represent yourself, you can hire an attorney ‘‘(d) A debt relief agency shall maintain a United States trustee or the debtor, finds that a to represent you, or you can get help in some lo- copy of the notices required under subsection (a) person intentionally violated this section, or en- calities from a bankruptcy petition preparer of this section for 2 years after the date on gaged in a clear and consistent pattern or prac- who is not an attorney. THE LAW REQUIRES which the notice is given the assisted person.’’. tice of violating this section, the court may— AN ATTORNEY OR BANKRUPTCY PETITION (b) CONFORMING AMENDMENT.—The table of ‘‘(A) enjoin the violation of such section; or PREPARER TO GIVE YOU A WRITTEN CON- sections for chapter 5 of title 11, United States ‘‘(B) impose an appropriate civil penalty TRACT SPECIFYING WHAT THE ATTORNEY Code, as amended by this Act, is amended by in- against such person.’’. OR BANKRUPTCY PETITION PREPARER serting after the item relating to section 526 the ‘‘(d) No provision of this section, section 527, WILL DO FOR YOU AND HOW MUCH IT following: or section 528 shall— WILL COST. Ask to see the contract before you ‘‘527. Disclosures.’’. ‘‘(1) annul, alter, affect, or exempt any person hire anyone. SEC. 229. REQUIREMENTS FOR DEBT RELIEF subject to such sections from complying with ‘‘ ‘The following information helps you under- AGENCIES. any law of any State except to the extent that stand what must be done in a routine bank- (a) ENFORCEMENT.—Subchapter II of chapter such law is inconsistent with those sections, and ruptcy case to help you evaluate how much 5 of title 11, United States Code, as amended by then only to the extent of the inconsistency; or service you need. Although bankruptcy can be this Act, is amended by adding at the end the ‘‘(2) be deemed to limit or curtail the authority complex, many cases are routine. following: or ability— ‘‘ ‘Before filing a bankruptcy case, either you ‘‘§ 528. Requirements for debt relief agencies ‘‘(A) of a State or subdivision or instrumen- or your attorney should analyze your eligibility ‘‘(a) A debt relief agency shall— tality thereof, to determine and enforce quali- for different forms of debt relief made available ‘‘(1) not later than 5 business days after the fications for the practice of law under the laws by the Bankruptcy Code and which form of re- first date such agency provides any bankruptcy of that State; or lief is most likely to be beneficial for you. Be assistance services to an assisted person, but ‘‘(B) of a Federal court to determine and en- sure you understand the relief you can obtain prior to such assisted person’s petition under force the qualifications for the practice of law and its limitations. To file a bankruptcy case, this title being filed, execute a written contract before that court.’’. documents called a Petition, Schedules and with such assisted person that explains clearly (b) CONFORMING AMENDMENT.—The table of Statement of Financial Affairs, as well as in and conspicuously— sections for chapter 5 of title 11, United States some cases a Statement of Intention need to be ‘‘(A) the services such agency will provide to Code, is amended by inserting before the item re- prepared correctly and filed with the bank- such assisted person; and lating to section 527, the following: ruptcy court. You will have to pay a filing fee ‘‘(B) the fees or charges for such services for ‘‘526. Debt relief enforcement.’’. to the bankruptcy court. Once your case starts, such services, and the terms of payment; you will have to attend the required first meet- SEC. 228. DISCLOSURES. ‘‘(2) provide the assisted person with a copy of ing of creditors where you may be questioned by (a) DISCLOSURES.—Subchapter II of chapter 5 the fully executed and completed contract; a court official called a ‘trustee’ and by credi- of title 11, United States Code, as amended by ‘‘(3) clearly and conspicuously disclose in any tors. this Act, is amended by adding at the end the advertisement of bankruptcy assistance services ‘‘ ‘If you choose to file a chapter 7 case, you following: or of the benefits of bankruptcy directed to the may be asked by a creditor to reaffirm a debt. general public (whether in general media, semi- ‘‘§ 527. Disclosures You may want help deciding whether to do so nars or specific mailings, telephonic or elec- ‘‘(a) A debt relief agency providing bank- and a creditor is not permitted to coerce you tronic messages, or otherwise) that the services ruptcy assistance to an assisted person shall into reaffirming your debts. or benefits are with respect to bankruptcy relief provide— ‘‘ ‘If you choose to file a chapter 13 case in under this title; and ‘‘(1) the written notice required under section which you repay your creditors what you can ‘‘(4) clearly and conspicuously using the fol- 342(b)(1) of this title; and afford over 3 to 5 years, you may also want help lowing statement: ‘We are a debt relief agency. ‘‘(2) to the extent not covered in the written with preparing your chapter 13 plan and with We help people file for bankruptcy relief under notice described in paragraph (1), and not later the confirmation hearing on your plan which the Bankruptcy Code.’ or a substantially similar than 3 business days after the first date on will be before a bankruptcy judge. statement. which a debt relief agency first offers to provide ‘‘ ‘If you select another type of relief under ‘‘(b)(1) An advertisement of bankruptcy assist- any bankruptcy assistance services to an as- the Bankruptcy Code other than chapter 7 or ance services or of the benefits of bankruptcy di- sisted person, a clear and conspicuous written chapter 13, you will want to find out what rected to the general public includes— notice advising assisted persons that— needs to be done from someone familiar with ‘‘(A) descriptions of bankruptcy assistance in ‘‘(A) all information that the assisted person that type of relief. connection with a chapter 13 plan whether or is required to provide with a petition and there- ‘‘ ‘Your bankruptcy case may also involve liti- not chapter 13 is specifically mentioned in such after during a case under this title is required to gation. You are generally permitted to represent advertisement; and be complete, accurate, and truthful; yourself in litigation in bankruptcy court, but ‘‘(B) statements such as ‘federally supervised ‘‘(B) all assets and all liabilities are required only attorneys, not bankruptcy petition pre- repayment plan’ or ‘Federal debt restructuring to be completely and accurately disclosed in the parers, can give you legal advice.’. help’ or other similar statements that could lead documents filed to commence the case, and the ‘‘(c) Except to the extent the debt relief agen- a reasonable consumer to believe that debt coun- replacement value of each asset as defined in cy provides the required information itself after seling was being offered when in fact the serv- section 506 of this title must be stated in those reasonably diligent inquiry of the assisted per- ices were directed to providing bankruptcy as- documents where requested after reasonable in- son or others so as to obtain such information sistance with a chapter 13 plan or other form of quiry to establish such value; reasonably accurately for inclusion on the peti- bankruptcy relief under this title. ‘‘(C) current monthly income, the amounts tion, schedules or statement of financial affairs, ‘‘(2) An advertisement, directed to the general specified in section 707(b)(2), and, in a case a debt relief agency providing bankruptcy as- public, indicating that the debt relief agency under chapter 13, disposable income (determined sistance to an assisted person, to the extent per- provides assistance with respect to credit de- in accordance with section 707(b)(2)), are re- mitted by nonbankruptcy law, shall provide faults, mortgage foreclosures, eviction pro- quired to be stated after reasonable inquiry; and each assisted person at the time required for the ceedings, excessive debt, debt collection pres- ‘‘(D) information that an assisted person pro- notice required under subsection (a)(1) reason- sure, or inability to pay any consumer debt vides during their case may be audited pursuant ably sufficient information (which shall be pro- shall— to this title, and that failure to provide such in- vided in a clear and conspicuous writing) to the ‘‘(A) disclose clearly and conspicuously in formation may result in dismissal of the pro- assisted person on how to provide all the infor- such advertisement that the assistance may in- ceeding under this title or other sanction includ- mation the assisted person is required to provide volve bankruptcy relief under this title; and ing, in some instances, criminal sanctions. under this title pursuant to section 521, includ- ‘‘(B) include the following statement: ‘We are ‘‘(b) A debt relief agency providing bank- ing— a debt relief agency. We help people file for ruptcy assistance to an assisted person shall ‘‘(1) how to value assets at replacement value, bankruptcy relief under the Bankruptcy Code,’ provide each assisted person at the same time as determine current monthly income, the amounts or a substantially similar statement.’’.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00151 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22308 CONGRESSIONAL RECORD—HOUSE October 11, 2000

(b) CONFORMING AMENDMENT.—The table of was dismissed within such 1-year period, after date of dismissal of such case, such action was sections for chapter 5 of title 11, United States the debtor failed to— still pending or had been resolved by termi- Code, as amended by this Act, is amended by in- ‘‘(aa) file or amend the petition or other docu- nating, conditioning, or limiting the stay as to serting after the item relating to section 527, the ments as required by this title or the court with- action of such creditor.’’. following: out substantial excuse (but mere inadvertence or SEC. 303. CURBING ABUSIVE FILINGS. ‘‘528. Debtor’s bill of rights.’’. negligence shall not be a substantial excuse un- (a) IN GENERAL.—Section 362(d) of title 11, SEC. 230. GAO STUDY. less the dismissal was caused by the negligence United States Code, is amended— of the debtor’s attorney); (1) in paragraph (2), by striking ‘‘or’’ at the (a) STUDY.—Not later than 270 days after the ‘‘(bb) provide adequate protection as ordered date of enactment of this Act, the Comptroller end; by the court; or (2) in paragraph (3), by striking the period at General of the United States shall conduct a ‘‘(cc) perform the terms of a plan confirmed by the end and inserting ‘‘; or’’; and study of the feasibility, effectiveness, and cost of the court; or (3) by adding at the end the following: requiring trustees appointed under title 11, ‘‘(III) there has not been a substantial change ‘‘(4) with respect to a stay of an act against United States Code, or the bankruptcy courts, to in the financial or personal affairs of the debtor real property under subsection (a), by a creditor provide to the Office of Child Support Enforce- since the dismissal of the next most previous whose claim is secured by an interest in such ment promptly after the commencement of cases case under chapter 7, 11, or 13 or any other rea- real estate, if the court finds that the filing of by individual debtors under such title, the son to conclude that the later case will be con- the bankruptcy petition was part of a scheme to names and social security numbers of such debt- cluded— delay, hinder, and defraud creditors that in- ors for the purposes of allowing such Office to ‘‘(aa) if a case under chapter 7, with a dis- volved either— determine whether such debtors have out- charge; or ‘‘(A) transfer of all or part ownership of, or standing obligations for child support (as deter- ‘‘(bb) if a case under chapter 11 or 13, with a other interest in, the real property without the mined on the basis of information in the Federal confirmed plan which will be fully performed; consent of the secured creditor or court ap- Case Registry or other national database). and proval; or (b) REPORT.—Not later than 300 days after the ‘‘(ii) as to any creditor that commenced an ac- ‘‘(B) multiple bankruptcy filings affecting the date of enactment of this Act, the Comptroller tion under subsection (d) in a previous case in real property. General shall submit to the President pro tem- which the individual was a debtor if, as of the If recorded in compliance with applicable State pore of the Senate and the Speaker of the House date of dismissal of such case, that action was laws governing notices of interests or liens in of Representatives a report containing the re- still pending or had been resolved by termi- real property, an order entered under this sub- sults of the study required by subsection (a). nating, conditioning, or limiting the stay as to section shall be binding in any other case under TITLE III—DISCOURAGING BANKRUPTCY actions of such creditor; and this title purporting to affect the real property ABUSE ‘‘(4)(A)(i) if a single or joint case is filed by or filed not later than 2 years after the date of SEC. 301. REINFORCEMENT OF THE FRESH START. against an individual debtor under this title, entry of such order by the court, except that a Section 523(a)(17) of title 11, United States and if 2 or more single or joint cases of the debt- debtor in a subsequent case may move for relief Code, is amended— or were pending within the previous year but from such order based upon changed cir- (1) by striking ‘‘by a court’’ and inserting ‘‘on were dismissed, other than a case refiled under cumstances or for good cause shown, after no- a prisoner by any court’’, section 707(b), the stay under subsection (a) tice and a hearing. Any Federal, State, or local (2) by striking ‘‘section 1915(b) or (f)’’ and in- shall not go into effect upon the filing of the governmental unit that accepts notices of inter- serting ‘‘subsection (b) or (f)(2) of section 1915’’, later case; and ests or liens in real property shall accept any and ‘‘(ii) on request of a party in interest, the certified copy of an order described in this sub- (3) by inserting ‘‘(or a similar non-Federal court shall promptly enter an order confirming section for indexing and recording.’’. law)’’ after ‘‘title 28’’ each place it appears. that no stay is in effect; (b) AUTOMATIC STAY.—Section 362(b) of title 11, United States Code, is amended by inserting SEC. 302. DISCOURAGING BAD FAITH REPEAT FIL- ‘‘(B) if, within 30 days after the filing of the INGS. later case, a party in interest requests the court after paragraph (19), as added by this Act, the Section 362(c) of title 11, United States Code, may order the stay to take effect in the case as following: is amended— to any or all creditors (subject to such condi- ‘‘(20) under subsection (a), of any act to en- (1) in paragraph (1), by striking ‘‘and’’ at the tions or limitations as the court may impose), force any lien against or security interest in real end; after notice and hearing, only if the party in in- property following the entry of an order under (2) in paragraph (2), by striking the period at terest demonstrates that the filing of the later section 362(d)(4) as to that property in any prior the end and inserting a semicolon; and case is in good faith as to the creditors to be bankruptcy case for a period of 2 years after (3) by adding at the end the following: stayed; entry of such an order, except that the debtor, ‘‘(3) if a single or joint case is filed by or ‘‘(C) a stay imposed under subparagraph (B) in a subsequent case, may move the court for re- against an individual debtor under chapter 7, shall be effective on the date of entry of the lief from such order based upon changed cir- 11, or 13, and if a single or joint case of the order allowing the stay to go into effect; and cumstances or for other good cause shown, after debtor was pending within the preceding 1-year ‘‘(D) for purposes of subparagraph (B), a case notice and a hearing; ‘‘(21) under subsection (a), of any act to en- period but was dismissed, other than a case is presumptively not filed in good faith (but force any lien against or security interest in real refiled under a chapter other than chapter 7 such presumption may be rebutted by clear and property— after dismissal under section 707(b)— convincing evidence to the contrary)— ‘‘(A) if the debtor is ineligible under section ‘‘(A) the stay under subsection (a) with re- ‘‘(i) as to all creditors if— 109(g) to be a debtor in a bankruptcy case; or ‘‘(I) 2 or more previous cases under this title spect to any action taken with respect to a debt ‘‘(B) if the bankruptcy case was filed in viola- in which the individual was a debtor were pend- or property securing such debt or with respect to tion of a bankruptcy court order in a prior ing within the 1-year period; any lease shall terminate with respect to the bankruptcy case prohibiting the debtor from ‘‘(II) a previous case under this title in which debtor on the 30th day after the filing of the being a debtor in another bankruptcy case;’’. later case; the individual was a debtor was dismissed with- in the time period stated in this paragraph after SEC. 304. DEBTOR RETENTION OF PERSONAL ‘‘(B) upon motion by a party in interest for PROPERTY SECURITY. continuation of the automatic stay and upon the debtor failed to file or amend the petition or Title 11, United States Code, is amended— notice and a hearing, the court may extend the other documents as required by this title or the (1) in section 521(a) (as so designated by this stay in particular cases as to any or all creditors court without substantial excuse (but mere inad- Act)— (subject to such conditions or limitations as the vertence or negligence shall not be substantial (A) in paragraph (4), by striking ‘‘, and’’ at court may then impose) after notice and a hear- excuse unless the dismissal was caused by the the end and inserting a semicolon; ing completed before the expiration of the 30- negligence of the debtor’s attorney), failed to (B) in paragraph (5), by striking the period at day period only if the party in interest dem- pay adequate protection as ordered by the court, the end and inserting ‘‘; and’’; and onstrates that the filing of the later case is in or failed to perform the terms of a plan con- (C) by adding at the end the following: good faith as to the creditors to be stayed; and firmed by the court; or ‘‘(6) in an individual case under chapter 7 of ‘‘(C) for purposes of subparagraph (B), a case ‘‘(III) there has not been a substantial change this title, not retain possession of personal prop- is presumptively filed not in good faith (but in the financial or personal affairs of the debtor erty as to which a creditor has an allowed claim such presumption may be rebutted by clear and since the dismissal of the next most previous for the purchase price secured in whole or in convincing evidence to the contrary)— case under this title, or any other reason to con- part by an interest in that personal property ‘‘(i) as to all creditors, if— clude that the later case will not be concluded, unless, in the case of an individual debtor, the ‘‘(I) more than 1 previous case under any of if a case under chapter 7, with a discharge, and debtor, not later than 45 days after the first chapter 7, 11, or 13 in which the individual was if a case under chapter 11 or 13, with a con- meeting of creditors under section 341(a), ei- a debtor was pending within the preceding 1- firmed plan that will be fully performed; or ther— year period; ‘‘(ii) as to any creditor that commenced an ac- ‘‘(A) enters into an agreement with the cred- ‘‘(II) a previous case under any of chapter 7, tion under subsection (d) in a previous case in itor pursuant to section 524(c) of this title with 11, or 13 in which the individual was a debtor which the individual was a debtor if, as of the respect to the claim secured by such property; or

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00152 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22309 ‘‘(B) redeems such property from the security (C) in subsection (a)(2)(C), as so designated by (1) by striking ‘‘180 days’’ and inserting ‘‘730 interest pursuant to section 722 of this title. this Act, by inserting ‘‘, except as provided in days’’; and If the debtor fails to so act within the 45-day pe- section 362(h) of this title’’ before the semicolon; (2) by striking ‘‘, or for a longer portion of riod referred to in paragraph (6), the stay under and such 180-day period than in any other place’’ section 362(a) of this title is terminated with re- (D) by adding at the end the following: and inserting ‘‘or if the debtor’s domicile has spect to the personal property of the estate or of ‘‘(d) If the debtor fails timely to take the ac- not been located at a single State for such 730- the debtor which is affected, such property shall tion specified in subsection (a)(6) of this section, day period, the place in which the debtor’s no longer be property of the estate, and the or in paragraphs (1) and (2) of section 362(h) of domicile was located for 180 days immediately creditor may take whatever action as to such this title, with respect to property which a lessor preceding the 730-day period or for a longer por- property as is permitted by applicable nonbank- or bailor owns and has leased, rented, or bailed tion of such 180-day period than in any other ruptcy law, unless the court determines on the to the debtor or as to which a creditor holds a place’’. motion of the trustee brought before the expira- security interest not otherwise voidable under SEC. 308. RESIDENCY REQUIREMENT FOR HOME- tion of such 45-day period, and after notice and section 522(f), 544, 545, 547, 548, or 549 of this STEAD EXEMPTION. a hearing, that such property is of consequen- title, nothing in this title shall prevent or limit Section 522 of title 11, United States Code, is tial value or benefit to the estate, orders appro- the operation of a provision in the underlying amended— priate adequate protection of the creditor’s in- lease or agreement which has the effect of plac- (1) in subsection (b)(3)(A), as so designated by terest, and orders the debtor to deliver any col- ing the debtor in default under such lease or this Act, by inserting ‘‘subject to subsections (o) lateral in the debtor’s possession to the trust- agreement by reason of the occurrence, pend- and (p),’’ before ‘‘any property’’; and ee.’’; and ency, or existence of a proceeding under this (2) by adding at the end the following: (2) in section 722, by inserting ‘‘in full at the title or the insolvency of the debtor. Nothing in ‘‘(o) For purposes of subsection (b)(3)(A), and time of redemption’’ before the period at the this subsection shall be deemed to justify lim- notwithstanding subsection (a), the value of an end. iting such a provision in any other cir- interest in— cumstance.’’. SEC. 305. RELIEF FROM THE AUTOMATIC STAY ‘‘(1) real or personal property that the debtor WHEN THE DEBTOR DOES NOT COM- SEC. 306. GIVING SECURED CREDITORS FAIR or a dependent of the debtor uses as a residence; PLETE INTENDED SURRENDER OF TREATMENT IN CHAPTER 13. ‘‘(2) a cooperative that owns property that the CONSUMER DEBT COLLATERAL. (a) IN GENERAL.—Section 1325(a)(5)(B)(i) of debtor or a dependent of the debtor uses as a Title 11, United States Code, is amended— title 11, United States Code, is amended to read residence; or (1) in section 362— as follows: ‘‘(3) a burial plot for the debtor or a depend- (A) in subsection (c), by striking ‘‘(e), and (f)’’ ‘‘(i) the plan provides that— ent of the debtor; inserting ‘‘(e), (f), and (h)’’; ‘‘(I) the holder of such claim retain the lien shall be reduced to the extent that such value is (B) by redesignating subsection (h) as sub- securing such claim until the earlier of— attributable to any portion of any property that section (k); and ‘‘(aa) the payment of the underlying debt de- the debtor disposed of in the 7-year period end- (C) by inserting after subsection (g) the fol- termined under nonbankruptcy law; or ing on the date of the filing of the petition with lowing: ‘‘(bb) discharge under section 1328; and the intent to hinder, delay, or defraud a creditor ‘‘(h)(1) In an individual case under chapter 7, ‘‘(II) if the case under this chapter is dis- and that the debtor could not exempt, or that 11, or 13, the stay provided by subsection (a) is missed or converted without completion of the portion that the debtor could not exempt, under terminated with respect to personal property of plan, such lien shall also be retained by such subsection (b), if on such date the debtor had the estate or of the debtor securing in whole or holder to the extent recognized by applicable held the property so disposed of.’’. in part a claim, or subject to an unexpired lease, nonbankruptcy law; and’’. SEC. 309. PROTECTING SECURED CREDITORS IN and such personal property shall no longer be (b) RESTORING THE FOUNDATION FOR SECURED CHAPTER 13 CASES. property of the estate if the debtor fails within CREDIT.—Section 1325(a) of title 11, United (a) STOPPING ABUSIVE CONVERSIONS FROM the applicable time set by section 521(a)(2) of States Code, is amended by adding at the end CHAPTER 13.—Section 348(f)(1) of title 11, United this title— the following flush sentence: States Code, is amended— ‘‘(A) to file timely any statement of intention ‘‘For purposes of paragraph (5), section 506 (1) in subparagraph (A), by striking ‘‘and’’ at required under section 521(a)(2) of this title with shall not apply to a claim described in that the end; respect to that property or to indicate in that paragraph if the creditor has a purchase money (2) in subparagraph (B)— statement that the debtor will either surrender security interest securing the debt that is the (A) by striking ‘‘in the converted case, with the property or retain it and, if retaining it, ei- subject of the claim, the debt was incurred with- allowed secured claims’’ and inserting ‘‘only in ther redeem the property pursuant to section 722 in the 5-year period preceding the filing of the a case converted to a case under chapter 11 or of this title, reaffirm the debt it secures pursu- petition, and the collateral for that debt consists 12, but not in a case converted to a case under ant to section 524(c) of this title, or assume the of a motor vehicle (as defined in section 30102 of chapter 7, with allowed secured claims in cases unexpired lease pursuant to section 365(p) of title 49) acquired for the personal use of the under chapters 11 and 12’’; and this title if the trustee does not do so, as appli- debtor, or if collateral for that debt consists of (B) by striking the period and inserting ‘‘; cable; and any other thing of value, if the debt was in- and’’; and ‘‘(B) to take timely the action specified in that curred during the 1-year period preceding that (3) by adding at the end the following: statement of intention, as it may be amended be- filing.’’. ‘‘(C) with respect to cases converted from fore expiration of the period for taking action, (c) DEFINITIONS.—Section 101 of title 11, chapter 13— unless the statement of intention specifies reaf- United States Code, as amended by this Act, is ‘‘(i) the claim of any creditor holding security firmation and the creditor refuses to reaffirm on amended— as of the date of the petition shall continue to the original contract terms. (1) by inserting after paragraph (13) the fol- be secured by that security unless the full ‘‘(2) Paragraph (1) does not apply if the court lowing: amount of such claim determined under applica- determines, on the motion of the trustee filed be- ‘‘(13A) ‘debtor’s principal residence’— ble nonbankruptcy law has been paid in full as fore the expiration of the applicable time set by ‘‘(A) means a residential structure, including of the date of conversion, notwithstanding any section 521(a)(2), after notice and a hearing, incidental property, without regard to whether valuation or determination of the amount of an that such property is of consequential value or that structure is attached to real property; and allowed secured claim made for the purposes of benefit to the estate, and orders appropriate ‘‘(B) includes an individual condominium or the chapter 13 proceeding; and adequate protection of the creditor’s interest, cooperative unit, a mobile or manufactured ‘‘(ii) unless a prebankruptcy default has been and orders the debtor to deliver any collateral in home, or trailer;’’; and fully cured under the plan at the time of conver- the debtor’s possession to the trustee. If the (2) by inserting after paragraph (27), the fol- sion, in any proceeding under this title or other- court does not so determine, the stay provided lowing: wise, the default shall have the effect given by subsection (a) shall terminate upon the con- ‘‘(27A) ‘incidental property’ means, with re- under applicable nonbankruptcy law.’’. clusion of the proceeding on the motion.’’; and spect to a debtor’s principal residence— (b) GIVING DEBTORS THE ABILITY TO KEEP (2) in section 521— ‘‘(A) property commonly conveyed with a LEASED PERSONAL PROPERTY BY ASSUMPTION.— (A) in subsection (a)(2), as so designated by principal residence in the area where the real Section 365 of title 11, United States Code, is this Act, by striking ‘‘consumer’’; estate is located; amended by adding at the end the following: (B) in subsection (a)(2)(B), as so designated ‘‘(B) all easements, rights, appurtenances, fix- ‘‘(p)(1) If a lease of personal property is re- by this Act— tures, rents, royalties, mineral rights, oil or gas jected or not timely assumed by the trustee (i) by striking ‘‘forty-five days after the filing rights or profits, water rights, escrow funds, or under subsection (d), the leased property is no of a notice of intent under this section’’ and in- insurance proceeds; and longer property of the estate and the stay under serting ‘‘30 days after the first date set for the ‘‘(C) all replacements or additions;’’. section 362(a) is automatically terminated. meeting of creditors under section 341(a) of this SEC. 307. DOMICILIARY REQUIREMENTS FOR EX- ‘‘(2)(A) In the case of an individual under title’’; and EMPTIONS. chapter 7, the debtor may notify the creditor in (ii) by striking ‘‘forty-five day’’ and inserting Section 522(b)(3)(A) of title 11, United States writing that the debtor desires to assume the ‘‘30-day’’; Code, as so designated by this Act, is amended— lease. Upon being so notified, the creditor may,

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00153 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22310 CONGRESSIONAL RECORD—HOUSE October 11, 2000 at its option, notify the debtor that it is willing ‘‘(4) Not later than 60 days after the date of ‘‘(i) clothing; to have the lease assumed by the debtor and filing of a case under this chapter, a debtor re- ‘‘(ii) furniture; may condition such assumption on cure of any taining possession of personal property subject ‘‘(iii) appliances; outstanding default on terms set by the con- to a lease or securing a claim attributable in ‘‘(iv) 1 radio; tract. whole or in part to the purchase price of such ‘‘(v) 1 television; ‘‘(B) If, not later than 30 days after notice is property shall provide the lessor or secured cred- ‘‘(vi) 1 VCR; ‘‘(vii) linens; provided under subparagraph (A), the debtor itor reasonable evidence of the maintenance of ‘‘(viii) china; notifies the lessor in writing that the lease is as- any required insurance coverage with respect to ‘‘(ix) crockery; sumed, the liability under the lease will be as- the use or ownership of such property and con- ‘‘(x) kitchenware; sumed by the debtor and not by the estate. tinue to do so for so long as the debtor retains ‘‘(xi) educational materials and educational ‘‘(C) The stay under section 362 and the in- possession of such property.’’. equipment primarily for the use of minor de- junction under section 524(a)(2) shall not be vio- SEC. 310. LIMITATION ON LUXURY GOODS. pendent children of the debtor, but only 1 per- lated by notification of the debtor and negotia- Section 523(a)(2)(C) of title 11, United States sonal computer only if used primarily for the tion of cure under this subsection. Code, is amended to read as follows: education or entertainment of such minor chil- ‘‘(3) In a case under chapter 11 in which the ‘‘(C)(i) for purposes of subparagraph (A)— dren; debtor is an individual and in a case under ‘‘(I) consumer debts owed to a single creditor ‘‘(xii) medical equipment and supplies; chapter 13, if the debtor is the lessee with re- and aggregating more than $250 for luxury ‘‘(xiii) furniture exclusively for the use of spect to personal property and the lease is not goods or services incurred by an individual debt- minor children, or elderly or disabled depend- assumed in the plan confirmed by the court, the or on or within 90 days before the order for re- ents of the debtor; and lease is deemed rejected as of the conclusion of lief under this title are presumed to be non- ‘‘(xiv) personal effects (including the toys and the hearing on confirmation. If the lease is re- dischargeable; and hobby equipment of minor dependent children jected, the stay under section 362 and any stay ‘‘(II) cash advances aggregating more than and wedding rings) of the debtor and the de- under section 1301 is automatically terminated $750 that are extensions of consumer credit pendents of the debtor. with respect to the property subject to the under an open end credit plan obtained by an ‘‘(B) The term ‘household goods’ does not in- lease.’’. individual debtor on or within 70 days before clude— (c) ADEQUATE PROTECTION OF LESSORS AND the order for relief under this title, are presumed ‘‘(i) works of art (unless by or of the debtor or PURCHASE MONEY SECURED CREDITORS.— to be nondischargeable; and the dependents of the debtor); (1) CONFIRMATION OF PLAN.—Section ‘‘(ii) for purposes of this subparagraph— ‘‘(ii) electronic entertainment equipment (ex- 1325(a)(5)(B) of title 11, United States Code, is ‘‘(I) the term ‘extension of credit under an cept 1 television, 1 radio, and 1 VCR); amended— open end credit plan’ means an extension of ‘‘(iii) items acquired as antiques; (A) in clause (i), by striking ‘‘and’’ at the end; credit under an open end credit plan, within the ‘‘(iv) jewelry (except wedding rings); and (B) in clause (ii), by striking ‘‘or’’ at the end meaning of the Consumer Credit Protection Act ‘‘(v) a computer (except as otherwise provided and inserting ‘‘and’’; and (15 U.S.C. 1601 et seq.); for in this section), motor vehicle (including a (C) by adding at the end the following: ‘‘(II) the term ‘open end credit plan’ has the tractor or lawn tractor), boat, or a motorized ‘‘(iii) if— meaning given that term under section 103 of recreational device, conveyance, vehicle, ‘‘(I) property to be distributed pursuant to Consumer Credit Protection Act (15 U.S.C. 1602); watercraft, or aircraft.’’. this subsection is in the form of periodic pay- and (b) STUDY.—Not later than 2 years after the ments, such payments shall be in equal monthly ‘‘(III) the term ‘luxury goods or services’ does date of enactment of this Act, the Director of amounts; and not include goods or services reasonably nec- the Executive Office for United States Trustees ‘‘(II) the holder of the claim is secured by per- essary for the support or maintenance of the shall submit a report to the Committee on the sonal property, the amount of such payments debtor or a dependent of the debtor.’’. Judiciary of the Senate and the Committee on shall not be less than an amount sufficient to SEC. 311. AUTOMATIC STAY. the Judiciary of the House of Representatives provide to the holder of such claim adequate Section 362(b) of title 11, United States Code, containing its findings regarding utilization of protection during the period of the plan; or’’. is amended by inserting after paragraph (21), as the definition of household goods, as defined in (2) PAYMENTS.—Section 1326(a) of title 11, added by this Act, the following: section 522(f)(4) of title 11, United States Code, United States Code, is amended to read as fol- ‘‘(22) under subsection (a)(3), of the continu- as added by this section, with respect to the lows: ation of any eviction, unlawful detainer action, avoidance of nonpossessory, nonpurchase ‘‘(a)(1) Unless the court orders otherwise, the or similar proceeding by a lessor against a debt- money security interests in household goods debtor shall commence making payments not or involving residential real property in which under section 522(f)(1)(B) of title 11, United later than 30 days after the date of the filing of the debtor resides as a tenant under a rental States Code, and the impact that section the plan or the order for relief, whichever is ear- agreement; 522(f)(4) of that title, as added by this section, lier, in the amount— ‘‘(23) under subsection (a)(3), of the com- has had on debtors and on the bankruptcy ‘‘(A) proposed by the plan to the trustee; mencement of any eviction, unlawful detainer courts. Such report may include recommenda- ‘‘(B) scheduled in a lease of personal property action, or similar proceeding by a lessor against tions for amendments to section 522(f)(4) of title directly to the lessor for that portion of the obli- a debtor involving residential real property in 11, United States Code, consistent with the Di- gation that becomes due after the order for re- which the debtor resides as a tenant under a rector’s findings. lief, reducing the payments under subparagraph rental agreement that has terminated under the SEC. 314. DEBT INCURRED TO PAY NON- (A) by the amount so paid and providing the lease agreement or applicable State law; DISCHARGEABLE DEBTS. trustee with evidence of such payment, includ- ‘‘(24) under subsection (a)(3), of eviction ac- (a) IN GENERAL.—Section 523(a) of title 11, ing the amount and date of payment; and tions based on endangerment to property or per- United States Code, is amended by inserting ‘‘(C) that provides adequate protection di- son or the use of illegal drugs; after paragraph (14) the following: rectly to a creditor holding an allowed claim se- ‘‘(25) under subsection (a) of any transfer that ‘‘(14A) incurred to pay a tax to a govern- cured by personal property to the extent the is not avoidable under section 544 and that is mental unit, other than the United States, that claim is attributable to the purchase of such not avoidable under section 549;’’. would be nondischargeable under paragraph property by the debtor for that portion of the SEC. 312. EXTENSION OF PERIOD BETWEEN BANK- (1);’’. obligation that becomes due after the order for RUPTCY DISCHARGES. (b) DISCHARGE UNDER CHAPTER 13.—Section relief, reducing the payments under subpara- Title 11, United States Code, is amended— 1328(a) of title 11, United States Code, is amend- graph (A) by the amount so paid and providing (1) in section 727(a)(8), by striking ‘‘six’’ and ed by striking paragraphs (1) through (3) and the trustee with evidence of such payment, in- inserting ‘‘8’’; and inserting the following: cluding the amount and date of payment. (2) in section 1328, by inserting after sub- ‘‘(1) provided for under section 1322(b)(5); ‘‘(2) A payment made under paragraph (1)(A) section (e) the following: ‘‘(2) of the kind specified in paragraph (2), shall be retained by the trustee until confirma- ‘‘(f) Notwithstanding subsections (a) and (b), (3), (4), (5), (8), or (9) of section 523(a); tion or denial of confirmation. If a plan is con- the court shall not grant a discharge of all debts ‘‘(3) for restitution, or a criminal fine, in- firmed, the trustee shall distribute any such provided for by the plan or disallowed under cluded in a sentence on the debtor’s conviction payment in accordance with the plan as soon as section 502 if the debtor has received a discharge of a crime; or is practicable. If a plan is not confirmed, the in any case filed under this title within 5 years ‘‘(4) for restitution, or damages, awarded in a trustee shall return any such payments not pre- before the order for relief under this chapter.’’. civil action against the debtor as a result of viously paid and not yet due and owing to SEC. 313. DEFINITION OF HOUSEHOLD GOODS willful or malicious injury by the debtor that creditors pursuant to paragraph (3) to the debt- AND ANTIQUES. caused personal injury to an individual or the or, after deducting any unpaid claim allowed (a) DEFINITION.—Section 522(f) of title 11, death of an individual.’’. under section 503(b). United States Code, is amended by adding at the SEC. 315. GIVING CREDITORS FAIR NOTICE IN ‘‘(3) Subject to section 363, the court may, end the following: CHAPTERS 7 AND 13 CASES. upon notice and a hearing, modify, increase, or ‘‘(4)(A) Subject to subparagraph (B), for pur- (a) NOTICE.—Section 342 of title 11, United reduce the payments required under this sub- poses of paragraph (1)(B), the term ‘household States Code, as amended by this Act, is amend- section pending confirmation of a plan. goods’ means— ed—

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00154 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22311 (1) in subsection (c)— ‘‘(II) if no attorney for the debtor is indicated ‘‘(B) the identity of any person responsible (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and no bankruptcy petition preparer signed the with the debtor for the support of any depend- (B) by striking ‘‘, but the failure of such no- petition, of the debtor that such notice was ob- ent of the debtor; and tice to contain such information shall not inval- tained and read by the debtor; ‘‘(C) the identity of any person who contrib- idate the legal effect of such notice’’; and ‘‘(iv) copies of all payment advices or other uted, and the amount contributed, to the house- (C) by adding at the end the following: evidence of payment, if any, received by the hold in which the debtor resides. ‘‘(2) If, within the 90 days prior to the date of debtor from any employer of the debtor in the ‘‘(2) The tax returns, amendments, and state- the filing of a petition in a voluntary case, the period 60 days before the filing of the petition; ment of income and expenditures described in creditor supplied the debtor in at least 2 commu- ‘‘(v) a statement of the amount of monthly net subsection (e)(2)(A) and subsection (f) shall be nications sent to the debtor with the current ac- income, itemized to show how the amount is cal- available to the United States trustee, any count number of the debtor and the address at culated; and bankruptcy administrator, any trustee, and any which the creditor wishes to receive correspond- ‘‘(vi) a statement disclosing any reasonably party in interest for inspection and copying, ence, then the debtor shall send any notice re- anticipated increase in income or expenditures subject to the requirements of subsection (h). quired under this title to the address provided over the 12-month period following the date of ‘‘(h)(1) Not later than 180 days after the date by the creditor and such notice shall include the filing;’’; and of enactment of the Bankruptcy Reform Act of account number. In the event the creditor would (2) by adding at the end the following: 2000, the Director of the Administrative Office of be in violation of applicable nonbankruptcy law ‘‘(e)(1) At any time, a creditor, in the case of the United States Courts shall establish proce- by sending any such communication within an individual under chapter 7 or 13, may file dures for safeguarding the confidentiality of such 90-day period and if the creditor supplied with the court notice that the creditor requests any tax information required to be provided the debtor in the last 2 communications with the the petition, schedules, and a statement of af- under this section. current account number of the debtor and the fairs filed by the debtor in the case, and the ‘‘(2) The procedures under paragraph (1) shall address at which the creditor wishes to receive court shall make those documents available to include restrictions on creditor access to tax in- correspondence, then the debtor shall send any the creditor who requests those documents. formation that is required to be provided under notice required under this title to the address ‘‘(2)(A) The debtor shall provide either a tax this section. provided by the creditor and such notice shall return or transcript at the election of the debtor, ‘‘(3) Not later than 1 year and 180 days after include the account number.’’; and for the latest taxable period prior to filing for the date of enactment of the Bankruptcy Reform (2) by adding at the end the following: which a tax return has been or should have Act of 2000, the Director of the Administrative ‘‘(e) At any time, a creditor, in a case of an been filed, to the trustee, not later than 7 days Office of the United States Courts shall prepare individual debtor under chapter 7 or 13, may file before the date first set for the first meeting of and submit to Congress a report that— with the court and serve on the debtor a notice creditors, or the case shall be dismissed, unless ‘‘(A) assesses the effectiveness of the proce- of the address to be used to notify the creditor the debtor demonstrates that the failure to file a dures under paragraph (1); and in that case. Five days after receipt of such no- return as required is due to circumstances be- ‘‘(B) if appropriate, includes proposed legisla- tice, if the court or the debtor is required to give yond the control of the debtor. tion to— the creditor notice, such notice shall be given at ‘‘(B) If a creditor has requested a tax return ‘‘(i) further protect the confidentiality of tax that address. or transcript referred to in subparagraph (A), information; and ‘‘(f) An entity may file with the court a notice the debtor shall provide such tax return or tran- ‘‘(ii) provide penalties for the improper use by stating its address for notice in cases under script to the requesting creditor at the time the any person of the tax information required to be chapters 7 and 13. After 30 days following the debtor provides the tax return or transcript to provided under this section. filing of such notice, any notice in any case the trustee, or the case shall be dismissed, unless ‘‘(i) If requested by the United States trustee filed under chapter 7 or 13 given by the court the debtor demonstrates that the debtor is un- or a trustee serving in the case, the debtor shall shall be to that address unless specific notice is able to provide such information due to cir- provide— given under subsection (e) with respect to a par- cumstances beyond the control of the debtor. ‘‘(1) a document that establishes the identity ticular case. ‘‘(3)(A) At any time, a creditor in a case under of the debtor, including a driver’s license, pass- ‘‘(g)(1) Notice given to a creditor other than as chapter 13 may file with the court notice that port, or other document that contains a photo- provided in this section shall not be effective no- the creditor requests the plan filed by the debtor graph of the debtor; and tice until that notice has been brought to the at- in the case. ‘‘(2) such other personal identifying informa- ‘‘(B) The court shall make such plan available tention of the creditor. If the creditor designates tion relating to the debtor that establishes the to the creditor who request such plan— a person or department to be responsible for re- identity of the debtor.’’. ‘‘(i) at a reasonable cost; and ceiving notices concerning bankruptcy cases ‘‘(ii) not later than 5 days after such request. SEC. 316. DISMISSAL FOR FAILURE TO TIMELY and establishes reasonable procedures so that ‘‘(f) An individual debtor in a case under FILE SCHEDULES OR PROVIDE RE- QUIRED INFORMATION. bankruptcy notices received by the creditor are chapter 7, 11, or 13 shall file with the court at to be delivered to such department or person, the request of any party in interest— Section 521 of title 11, United States Code, as notice shall not be considered to have been ‘‘(1) at the time filed with the taxing author- amended by this Act, is amended by adding at brought to the attention of the creditor until re- ity, all tax returns required under applicable the end the following: ceived by such person or department. law, including any schedules or attachments, ‘‘(j)(1) Notwithstanding section 707(a), and ‘‘(2) No sanction under section 362(k) or any with respect to the period from the commence- subject to paragraph (2), if an individual debtor other sanction that a court may impose on ac- ment of the case until such time as the case is in a voluntary case under chapter 7 or 13 fails count of violations of the stay under section closed; to file all of the information required under sub- 362(a) or failure to comply with section 542 or ‘‘(2) at the time filed with the taxing author- section (a)(1) within 45 days after the filing of 543 may be imposed on any action of the cred- ity, all tax returns required under applicable the petition commencing the case, the case shall itor unless the action takes place after the cred- law, including any schedules or attachments, be automatically dismissed effective on the 46th itor has received notice of the commencement of that were not filed with the taxing authority day after the filing of the petition. the case effective under this section.’’. when the schedules under subsection (a)(1) were ‘‘(2) With respect to a case described in para- (b) DEBTOR’S DUTIES.—Section 521 of title 11, filed with respect to the period that is 3 years graph (1), any party in interest may request the United States Code, as amended by this Act, is before the order of relief; court to enter an order dismissing the case. If amended— ‘‘(3) any amendments to any of the tax re- requested, the court shall enter an order of dis- (1) in subsection (a), as so designated by this turns, including schedules or attachments, de- missal not later than 5 days after such request. Act, by striking paragraph (1) and inserting the scribed in paragraph (1) or (2); and ‘‘(3) Upon request of the debtor made within following: ‘‘(4) in a case under chapter 13, a statement 45 days after the filing of the petition com- ‘‘(1) file— subject to the penalties of perjury by the debtor mencing a case described in paragraph (1), the ‘‘(A) a list of creditors; and of the debtor’s income and expenditures in the court may allow the debtor an additional period ‘‘(B) unless the court orders otherwise— preceding tax year and monthly income, that of not to exceed 45 days to file the information ‘‘(i) a schedule of assets and liabilities; shows how the amounts are calculated— required under subsection (a)(1) if the court ‘‘(ii) a schedule of current income and current ‘‘(A) beginning on the date that is the later of finds justification for extending the period for expenditures; 90 days after the close of the debtor’s tax year the filing.’’. ‘‘(iii) a statement of the debtor’s financial af- or 1 year after the order for relief, unless a plan SEC. 317. ADEQUATE TIME TO PREPARE FOR fairs and, if applicable, a certificate— has been confirmed; and HEARING ON CONFIRMATION OF ‘‘(I) of an attorney whose name is on the peti- ‘‘(B) thereafter, on or before the date that is THE PLAN. tion as the attorney for the debtor or any bank- 45 days before each anniversary of the con- Section 1324 of title 11, United States Code, is ruptcy petition preparer signing the petition firmation of the plan until the case is closed. amended— under section 110(b)(1) indicating that such at- ‘‘(g)(1) A statement referred to in subsection (1) by striking ‘‘After’’ and inserting the fol- torney or bankruptcy petition preparer delivered (f)(4) shall disclose— lowing: to the debtor any notice required by section ‘‘(A) the amount and sources of income of the ‘‘(a) Except as provided in subsection (b) and 342(b); or debtor; after’’; and

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00155 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22312 CONGRESSIONAL RECORD—HOUSE October 11, 2000 (2) by adding at the end the following: lowed unsecured claims over a shorter period.’’; plan of all or such portion of earnings from per- ‘‘(b) The hearing on confirmation of the plan and sonal services performed by the debtor after the may be held not earlier than 20 days and not (4) in section 1329(c), by striking ‘‘three commencement of the case or other future in- later than 45 days after the date of the meeting years’’ and inserting ‘‘the applicable commit- come of the debtor as is necessary for the execu- of creditors under section 341(a).’’. ment period under section 1325(b)(1)(B)’’. tion of the plan.’’. SEC. 318. CHAPTER 13 PLANS TO HAVE A 5-YEAR SEC. 319. SENSE OF CONGRESS REGARDING EX- (c) CONFIRMATION OF PLAN.— DURATION IN CERTAIN CASES. PANSION OF RULE 9011 OF THE FED- (1) REQUIREMENTS RELATING TO VALUE OF Title 11, United States Code, is amended— ERAL RULES OF BANKRUPTCY PRO- PROPERTY.—Section 1129(a) of title 11, United (1) by amending section 1322(d) to read as fol- CEDURE. States Code, is amended by adding at the end lows: It is the sense of Congress that rule 9011 of the the following: ‘‘(d)(1) If the current monthly income of the Federal Rules of Bankruptcy Procedure (11 ‘‘(15) In a case concerning an individual in debtor and the debtor’s spouse combined, when U.S.C. App.) should be modified to include a re- which the holder of an allowed unsecured claim multiplied by 12, is not less than— quirement that all documents (including sched- objects to the confirmation of the plan— ‘‘(A) in the case of a debtor in a household of ules), signed and unsigned, submitted to the ‘‘(A) the value of the property to be distrib- 1 person, the median family income of the appli- court or to a trustee by debtors who represent uted under the plan on account of such claim is, cable State for 1 earner last reported by the Bu- themselves and debtors who are represented by as of the effective date of the plan, not less than reau of the Census; an attorney be submitted only after the debtor the amount of such claim; or ‘‘(B) in the case of a debtor in a household of or the debtor’s attorney has made reasonable in- ‘‘(B) the value of the property to be distrib- 2, 3, or 4 individuals, the highest median family quiry to verify that the information contained uted under the plan is not less than the debtor’s income of the applicable State for a family of in such documents is— projected disposable income (as that term is de- the same number or fewer individuals last re- (1) well grounded in fact; and fined in section 1325(b)(2)) to be received during ported by the Bureau of the Census; or (2) warranted by existing law or a good-faith the 5-year period beginning on the date that the ‘‘(C) in the case of a debtor in a household ex- argument for the extension, modification, or re- first payment is due under the plan, or during ceeding 4 individuals, the highest median family versal of existing law. the term of the plan, whichever is longer.’’. income of the applicable State for a family of 4 SEC. 320. PROMPT RELIEF FROM STAY IN INDI- (2) REQUIREMENT RELATING TO INTERESTS IN or fewer individuals last reported by the Bureau VIDUAL CASES. PROPERTY.—Section 1129(b)(2)(B)(ii) of title 11, of the Census, plus $525 per month for each in- Section 362(e) of title 11, United States Code, United States Code, is amended by inserting be- dividual in excess of 4, is amended— fore the period at the end the following: ‘‘, ex- the plan may not provide for payments over a (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and cept that in a case concerning an individual, period that is longer than 5 years. (2) by adding at the end the following: the debtor may retain property included in the ‘‘(2) If the current monthly income of the ‘‘(2) Notwithstanding paragraph (1), in the estate under section 1115, subject to the require- debtor and the debtor’s spouse combined, when case of an individual filing under chapter 7, 11, ments of subsection (a)(14)’’. multiplied by 12, is less than— or 13, the stay under subsection (a) shall termi- (d) EFFECT OF CONFIRMATION—Section 1141(d) ‘‘(A) in the case of a debtor in a household of nate on the date that is 60 days after a request of title 11, United States Code, is amended— 1 person, the median family income of the appli- is made by a party in interest under subsection (1) in paragraph (2), by striking ‘‘The con- cable State for 1 earner last reported by the Bu- (d), unless— firmation of a plan does not discharge an indi- reau of the Census; ‘‘(A) a final decision is rendered by the court vidual debtor’’ and inserting ‘‘A discharge ‘‘(B) in the case of a debtor in a household of during the 60-day period beginning on the date under this chapter does not discharge a debtor’’; 2, 3, or 4 individuals, the highest median family of the request; or and income of the applicable State for a family of ‘‘(B) that 60-day period is extended— (2) by adding at the end the following: the same number or fewer individuals last re- ‘‘(i) by agreement of all parties in interest; or ‘‘(5) In a case concerning an individual— ported by the Bureau of the Census; or ‘‘(ii) by the court for such specific period of ‘‘(A) except as otherwise ordered for cause ‘‘(C) in the case of a debtor in a household ex- time as the court finds is required for good shown, the discharge is not effective until com- ceeding 4 individuals, the highest median family cause, as described in findings made by the pletion of all payments under the plan; and income of the applicable State for a family of 4 court.’’. ‘‘(B) at any time after the confirmation of the or fewer individuals last reported by the Bureau SEC. 321. CHAPTER 11 CASES FILED BY INDIVID- plan and after notice and a hearing, the court of the Census, plus $525 per month for each in- UALS. may grant a discharge to a debtor that has not dividual in excess of 4, (a) PROPERTY OF THE ESTATE.— completed payments under the plan only if— the plan may not provide for payments over a (1) IN GENERAL.—Subchapter I of chapter 11 of ‘‘(i) for each allowed unsecured claim, the period that is longer than 3 years, unless the title 11, United States Code, is amended by add- value, as of the effective date of the plan, of court, for cause, approves a longer period, but ing at the end the following: property actually distributed under the plan on the court may not approve a period that is ‘‘§ 1115. Property of the estate account of that claim is not less than the longer than 5 years.’’; ‘‘(a) In a case concerning an individual debt- amount that would have been paid on such (2) in section 1325(b)(1)(B), by striking ‘‘three- or, property of the estate includes, in addition claim if the estate of the debtor had been liq- year period’’ and inserting ‘‘applicable commit- to the property specified in section 541— uidated under chapter 7 of this title on such ment period’’; and ‘‘(1) all property of the kind specified in sec- date; and (3) in section 1325(b), as amended by this Act, tion 541 that the debtor acquires after the com- ‘‘(ii) modification of the plan under 1127 of by adding at the end the following: mencement of the case but before the case is this title is not practicable.’’. ‘‘(4) For purposes of this subsection, the ‘ap- closed, dismissed, or converted to a case under (e) MODIFICATION OF PLAN.—Section 1127 of plicable commitment period’— chapter 7, 12, or 13, whichever occurs first; and title 11, United States Code, is amended by add- ‘‘(A) subject to subparagraph (B), shall be— ‘‘(2) earnings from services performed by the ing at the end the following: ‘‘(i) 3 years; or debtor after the commencement of the case but ‘‘(e) In a case concerning an individual, the ‘‘(ii) not less than 5 years, if the current before the case is closed, dismissed, or converted plan may be modified at any time after con- monthly income of the debtor and the debtor’s to a case under chapter 7, 12, or 13, whichever firmation of the plan but before the completion spouse combined, when multiplied by 12, is not occurs first.’’. of payments under the plan, whether or not the less than— ‘‘(b) Except as provided in section 1104 or a plan has been substantially consummated, upon ‘‘(I) in the case of a debtor in a household of confirmed plan or order confirming a plan, the request of the debtor, the trustee, the United 1 person, the median family income of the appli- debtor shall remain in possession of all property States trustee, or the holder of an allowed unse- cable State for 1 earner last reported by the Bu- of the estate.’’. cured claim, to— reau of the Census; (2) CLERICAL AMENDMENT.—The table of sec- ‘‘(1) increase or reduce the amount of pay- ‘‘(II) in the case of a debtor in a household of tions for chapter 11 of title 11, United States ments on claims of a particular class provided 2, 3, or 4 individuals, the highest median family Code, is amended by adding at the end of the for by the plan; income of the applicable State for a family of matter relating to subchapter I the following: ‘‘(2) extend or reduce the time period for such the same number or fewer individuals last re- payments; or ‘‘1115. Property of the estate.’’. ported by the Bureau of the Census; or ‘‘(3) alter the amount of the distribution to a ‘‘(III) in the case of a debtor in a household (b) CONTENTS OF PLAN.—Section 1123(a) of creditor whose claim is provided for by the plan exceeding 4 individuals, the highest median fam- title 11, United States Code, is amended— to the extent necessary to take account of any ily income of the applicable State for a family of (1) in paragraph (6), by striking ‘‘and’’ at the payment of such claim made other than under 4 or fewer individuals last reported by the Bu- end; the plan. reau of the Census, plus $525 per month for each (2) in paragraph (7), by striking the period ‘‘(f)(1) Sections 1121 through 1128 of this title individual in excess of 4; and and inserting ‘‘; and’’; and and the requirements of section 1129 of this title ‘‘(B) may be less than 3 or 5 years, whichever (3) by adding at the end the following: apply to any modification under subsection (a). is applicable under subparagraph (A), but only ‘‘(8) in a case concerning an individual, pro- ‘‘(2) The plan, as modified, shall become the if the plan provides for payment in full of all al- vide for the payment to creditors through the plan only after there has been disclosure under

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00156 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22313 section 1125, as the court may direct, notice and apply to cases commenced under title 11, United (2) by adding at the end the following: a hearing, and such modification is approved.’’. States Code, before the expiration of the 180-day ‘‘(2) In the case of an individual debtor under SEC. 322. LIMITATION. period beginning on the date of enactment of chapters 7 and 13, such value with respect to (a) EXEMPTIONS.—Section 522 of title 11, this Act. personal property securing an allowed claim United States Code, as amended by this Act, is SEC. 324. EXCLUSIVE JURISDICTION IN MATTERS shall be determined based on the replacement amended by adding at the end the following: INVOLVING BANKRUPTCY PROFES- value of such property as of the date of filing ‘‘(p)(1) Except as provided in paragraph (2) of SIONALS. the petition without deduction for costs of sale this subsection and sections 544 and 548 of this (a) IN GENERAL.—Section 1334 of title 28, or marketing. With respect to property acquired title, as a result of electing under subsection United States Code, is amended— for personal, family, or household purpose, re- (b)(3)(A) to exempt property under State or local (1) in subsection (b), by striking ‘‘Notwith- placement value shall mean the price a retail law, a debtor may not exempt any amount of in- standing’’ and inserting ‘‘Except as provided in merchant would charge for property of that terest that was acquired by the debtor during subsection (e)(2), and notwithstanding’’; and kind considering the age and condition of the property at the time value is determined.’’. the 2-year period preceding the filing of the pe- (2) by striking subsection (e) and inserting the tition which exceeds in the aggregate $100,000 in following: SEC. 328. DEFAULTS BASED ON NONMONETARY OBLIGATIONS. value in— ‘‘(e) The district court in which a case under (a) EXECUTORY CONTRACTS AND UNEXPIRED ‘‘(A) real or personal property that the debtor title 11 is commenced or is pending shall have LEASES.—Section 365 of title 11, United States or a dependent of the debtor uses as a residence; exclusive jurisdiction— ‘‘(1) of all the property, wherever located, of Code, is amended— ‘‘(B) a cooperative that owns property that (1) in subsection (b)— the debtor or a dependent of the debtor uses as the debtor as of the date of commencement of such case, and of property of the estate; and (A) in paragraph (1)(A), by striking the semi- a residence; or colon at the end and inserting the following: ‘‘(C) a burial plot for the debtor or a depend- ‘‘(2) over all claims or causes of action that involve construction of section 327 of title 11, ‘‘other than a default that is a breach of a pro- ent of the debtor. vision relating to the satisfaction of any provi- ‘‘(2)(A) The limitation under paragraph (1) United States Code, or rules relating to disclo- sure requirements under section 327.’’. sion (other than a penalty rate or penalty provi- shall not apply to an exemption claimed under sion) relating to a default arising from any fail- (b) APPLICABILITY.—This section shall only subsection (b)(3)(A) by a family farmer for the ure to perform nonmonetary obligations under principal residence of that farmer. apply to cases filed after the date of enactment of this Act. an unexpired lease of real property, if it is im- ‘‘(B) For purposes of paragraph (1), any possible for the trustee to cure such default by amount of such interest does not include any in- SEC. 325. UNITED STATES TRUSTEE PROGRAM performing nonmonetary acts at and after the FILING FEE INCREASE. terest transferred from a debtor’s previous prin- time of assumption, except that if such default (a) ACTIONS UNDER CHAPTER 7 OR 13 OF TITLE cipal residence (which was acquired prior to the arises from a failure to operate in accordance beginning of the 2-year period) into the debtor’s 11, UNITED STATES CODE.—Section 1930(a) of with a nonresidential real property lease, then current principal residence, where the debtor’s title 28, United States Code, is amended by strik- such default shall be cured by performance at previous and current residences are located in ing paragraph (1) and inserting the following: and after the time of assumption in accordance the same State.’’. ‘‘(1) For a case commenced— with such lease, and pecuniary losses resulting (b) ADJUSTMENT OF DOLLAR AMOUNTS.—Sec- ‘‘(A) under chapter 7 of title 11, $160; or from such default shall be compensated in ac- ‘‘(B) under chapter 13 of title 11, $150.’’. tion 104(b) of title 11, United States Code, is cordance with the provisions of paragraph (b) UNITED STATES TRUSTEE SYSTEM FUND.— amended— (b)(l);’’; and (1) in paragraph (1), by striking ‘‘522(d),’’ and Section 589a(b) of title 28, United States Code, is (B) in paragraph (2)(D), by striking ‘‘penalty inserting ‘‘522(d), 522(n), 522(p),’’; and amended— rate or provision’’ and inserting ‘‘penalty rate (2) in paragraph (3), by striking ‘‘522(d),’’ and (1) by striking paragraph (1) and inserting the or penalty provision’’; inserting ‘‘522(d), 522(n), 522(p),’’. following: (2) in subsection (c)— ‘‘(1)(A) 40.63 percent of the fees collected (A) in paragraph (2), by inserting ‘‘or’’ at the SEC. 323. EXCLUDING EMPLOYEE BENEFIT PLAN under section 1930(a)(1)(A) of this title in cases PARTICIPANT CONTRIBUTIONS AND end; OTHER PROPERTY FROM THE ES- commenced under chapter 7 of title 11; and (B) in paragraph (3), by striking ‘‘; or’’ at the TATE. ‘‘(B) 70.00 percent of the fees collected under end and inserting a period; and (a) IN GENERAL.—Section 541(b) of title 11, section 1930(a)(1)(B) of this title in cases com- (C) by striking paragraph (4); United States Code, is amended by inserting menced under chapter 13 of title 11;’’; (3) in subsection (d)— (A) by striking paragraphs (5) through (9); after paragraph (6), as added by this Act, the (2) in paragraph (2), by striking ‘‘one-half’’ and following: and inserting ‘‘three-fourths’’; and (3) in paragraph (4), by striking ‘‘one-half’’ (B) by redesignating paragraph (10) as para- ‘‘(7) any amount— graph (5); and ‘‘(A) withheld by an employer from the wages and inserting ‘‘100 percent’’. (c) COLLECTION AND DEPOSIT OF MISCELLA- (4) in subsection (f)(1) by striking ‘‘; except of employees for payment as contributions to— that’’ and all that follows through the end of ‘‘(i) an employee benefit plan subject to title I NEOUS BANKRUPTCY FEES.—Section 406(b) of the Judiciary Appropriations Act, 1990 (28 U.S.C. the paragraph and inserting a period. of the Employee Retirement Income Security Act (b) IMPAIRMENT OF CLAIMS OR INTERESTS.— 1931 note) is amended by striking ‘‘pursuant to of 1974 (29 U.S.C. 1001 et seq.) or under an em- Section 1124(2) of title 11, United States Code, is 28 U.S.C. section 1930(b) and 30.76 per centum of ployee benefit plan which is a governmental amended— plan under section 414(d) of the Internal Rev- the fees hereafter collected under 28 U.S.C. sec- (1) in subparagraph (A), by inserting ‘‘or of a enue Code of 1986, a deferred compensation plan tion 1930(a)(1) and 25 percent of the fees here- kind that section 365(b)(2) of this title expressly under section 457 of the Internal Revenue Code after collected under 28 U.S.C. section 1930(a)(3) does not require to be cured’’ before the semi- of 1986, or a tax-deferred annuity under section shall be deposited as offsetting receipts to the colon at the end; 403(b) of the Internal Revenue Code of 1986, ex- fund established under 28 U.S.C. section 1931’’ (2) in subparagraph (C), by striking ‘‘and’’ at cept that amount shall not constitute disposable and inserting ‘‘under section 1930(b) of title 28, the end; income, as defined in section 1325(b)(2) of this United States Code, and 31.25 percent of the fees (3) by redesignating subparagraph (D) as sub- title; or collected under section 1930(a)(1)(A) of that paragraph (E); and ‘‘(ii) a health insurance plan regulated by title, 30.00 percent of the fees collected under (4) by inserting after subparagraph (C) the State law whether or not subject to such title; or section 1930(a)(1)(B) of that title, and 25 percent following: ‘‘(B) received by the employer from employees of the fees collected under section 1930(a)(3) of ‘‘(D) if such claim or such interest arises from for payment as contributions to— that title shall be deposited as offsetting receipts any failure to perform a nonmonetary obliga- ‘‘(i) an employee benefit plan subject to title I to the fund established under section 1931 of tion, other than a default arising from failure to of the Employee Retirement Income Security Act that title’’. operate a non-residential real property lease of 1974 (29 U.S.C. 1001 et seq.) or under an em- SEC. 326. SHARING OF COMPENSATION. subject to section 365(b)(1)(A), compensates the ployee benefit plan which is a governmental Section 504 of title 11, United States Code, is holder of such claim or such interest (other than plan under section 414(d) of the Internal Rev- amended by adding at the end the following: the debtor or an insider) for any actual pecu- enue Code of 1986, a deferred compensation plan ‘‘(c) This section shall not apply with respect niary loss incurred by such holder as a result of under section 457 of the Internal Revenue Code to sharing, or agreeing to share, compensation such failure; and’’. of 1986, or a tax-deferred annuity under section with a bona fide public service attorney referral TITLE IV—GENERAL AND SMALL 403(b) of the Internal Revenue Code of 1986, ex- program that operates in accordance with non- BUSINESS BANKRUPTCY PROVISIONS cept that amount shall not constitute disposable Federal law regulating attorney referral services Subtitle A—General Business Bankruptcy income, as defined in section 1325(b)(2) of this and with rules of professional responsibility ap- Provisions title; or plicable to attorney acceptance of referrals.’’. SEC. 401. ADEQUATE PROTECTION FOR INVES- ‘‘(ii) a health insurance plan regulated by SEC. 327. FAIR VALUATION OF COLLATERAL. TORS. State law whether or not subject to such title;’’. Section 506(a) of title 11, United States Code, (a) DEFINITION.—Section 101 of title 11, United (b) APPLICATION OF AMENDMENT.—The is amended by— States Code, as amended by this Act, is amended amendments made by this section shall not (1) inserting ‘‘(1)’’ after ‘‘(a)’’; and by inserting after paragraph (48) the following:

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00157 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22314 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘(48A) ‘securities self regulatory organization’ is necessary to ensure adequate representation ‘‘(A) made in the ordinary course of business means either a securities association registered of creditors or equity security holders. The court or financial affairs of the debtor and the trans- with the Securities and Exchange Commission may order the United States trustee to increase feree; or under section 15A of the Securities Exchange the number of members of a committee to include ‘‘(B) made according to ordinary business Act of 1934 (15 U.S.C. 78o–3) or a national secu- a creditor that is a small business concern (as terms;’’; rities exchange registered with the Securities described in section 3(a)(1) of the Small Business (2) in paragraph (8), by striking the period at and Exchange Commission under section 6 of Act (15 U.S.C. 632(a)(1))), if the court determines the end and inserting ‘‘; or’’; and the Securities Exchange Act of 1934 (15 U.S.C. that the creditor holds claims (of the kind rep- (3) by adding at the end the following: 78f);’’. resented by the committee) the aggregate ‘‘(9) if, in a case filed by a debtor whose debts (b) AUTOMATIC STAY.—Section 362(b) of title amount of which, in comparison to the annual are not primarily consumer debts, the aggregate 11, United States Code, is amended by inserting gross revenue of that creditor, is disproportion- value of all property that constitutes or is af- after paragraph (25), as added by this Act, the ately large.’’. fected by such transfer is less than $5,000.’’. following: (b) INFORMATION.—Section 1102(b) of title 11, SEC. 410. VENUE OF CERTAIN PROCEEDINGS. ‘‘(26) under subsection (a), of— United States Code, is amended by adding at the Section 1409(b) of title 28, United States Code, ‘‘(A) the commencement or continuation of an end the following: is amended by inserting ‘‘, or a nonconsumer investigation or action by a securities self regu- ‘‘(3) A committee appointed under subsection debt against a noninsider of less than $10,000,’’ latory organization to enforce such organiza- (a) shall— after ‘‘$5,000’’. tion’s regulatory power; ‘‘(A) provide access to information for credi- SEC. 411. PERIOD FOR FILING PLAN UNDER CHAP- ‘‘(B) the enforcement of an order or decision, tors who— TER 11. other than for monetary sanctions, obtained in ‘‘(i) hold claims of the kind represented by Section 1121(d) of title 11, United States Code, an action by the securities self regulatory orga- that committee; and is amended— nization to enforce such organization’s regu- ‘‘(ii) are not appointed to the committee; (1) by striking ‘‘On’’ and inserting ‘‘(1) Sub- latory power; or ‘‘(B) solicit and receive comments from the ject to paragraph (2), on’’; and ‘‘(C) any act taken by the securities self regu- creditors described in subparagraph (A); and (2) by adding at the end the following: latory organization to delist, delete, or refuse to ‘‘(C) be subject to a court order that compels ‘‘(2)(A) The 120-day period specified in para- permit quotation of any stock that does not meet any additional report or disclosure to be made to graph (1) may not be extended beyond a date applicable regulatory requirements;’’. the creditors described in subparagraph (A).’’. that is 18 months after the date of the order for relief under this chapter. SEC. 402. MEETINGS OF CREDITORS AND EQUITY SEC. 406. AMENDMENT TO SECTION 546 OF TITLE SECURITY HOLDERS. 11, UNITED STATES CODE. ‘‘(B) The 180-day period specified in para- graph (1) may not be extended beyond a date Section 341 of title 11, United States Code, is Section 546 of title 11, United States Code, is that is 20 months after the date of the order for amended by adding at the end the following: amended— ‘‘(e) Notwithstanding subsections (a) and (b), (1) by redesignating the second subsection des- relief under this chapter.’’. the court, on the request of a party in interest ignated as subsection (g) (as added by section SEC. 412. FEES ARISING FROM CERTAIN OWNER- and after notice and a hearing, for cause may 222(a) of Public Law 103–394) as subsection (i); SHIP INTERESTS. order that the United States trustee not convene and Section 523(a)(16) of title 11, United States (2) by adding at the end the following: a meeting of creditors or equity security holders Code, is amended— ‘‘(j)(1) Notwithstanding paragraphs (2) and (1) by striking ‘‘dwelling’’ the first place it ap- if the debtor has filed a plan as to which the (3) of section 545, the trustee may not avoid a pears; debtor solicited acceptances prior to the com- warehouseman’s lien for storage, transpor- (2) by striking ‘‘ownership or’’ and inserting mencement of the case.’’. tation, or other costs incidental to the storage ‘‘ownership,’’; SEC. 403. PROTECTION OF REFINANCE OF SECU- and handling of goods. (3) by striking ‘‘housing’’ the first place it ap- RITY INTEREST. ‘‘(2) The prohibition under paragraph (1) pears; and Subparagraphs (A), (B), and (C) of section shall be applied in a manner consistent with (4) by striking ‘‘but only’’ and all that follows 547(e)(2) of title 11, United States Code, are each any applicable State statute that is similar to through ‘‘such period’’ and inserting ‘‘or a lot amended by striking ‘‘10’’ each place it appears section 7–209 of the Uniform Commercial Code, in a homeowners association, for as long as the and inserting ‘‘30’’. as in effect on the date of enactment of the debtor or the trustee has a legal, equitable, or SEC. 404. EXECUTORY CONTRACTS AND UNEX- Bankruptcy Reform Act of 2000, or any suc- possessory ownership interest in such unit, such PIRED LEASES. cessor thereto.’’. corporation, or such lot,’’. (a) IN GENERAL.—Section 365(d)(4) of title 11, SEC. 407. AMENDMENTS TO SECTION 330(a) OF SEC. 413. CREDITOR REPRESENTATION AT FIRST United States Code, is amended to read as fol- TITLE 11, UNITED STATES CODE. MEETING OF CREDITORS. lows: Section 330(a) of title 11, United States Code, Section 341(c) of title 11, United States Code, ‘‘(4)(A) Subject to subparagraph (B), in any is amended— is amended by inserting at the end the fol- case under any chapter of this title, an unex- (1) in paragraph (3)— lowing: ‘‘Notwithstanding any local court rule, pired lease of nonresidential real property under (A) by striking ‘‘(A) In’’ and inserting ‘‘In’’; provision of a State constitution, any other Fed- which the debtor is the lessee shall be deemed and eral or State law that is not a bankruptcy law, rejected, and the trustee shall immediately sur- (B) by inserting ‘‘to an examiner, trustee or other requirement that representation at the render that nonresidential real property to the under chapter 11, or professional person’’ after meeting of creditors under subsection (a) be by lessor, if the trustee does not assume or reject ‘‘awarded’’; and an attorney, a creditor holding a consumer debt the unexpired lease by the earlier of— (2) by adding at the end the following: or any representative of the creditor (which may ‘‘(i) the date that is 120 days after the date of ‘‘(7) In determining the amount of reasonable include an entity or an employee of an entity the order for relief; or compensation to be awarded to a trustee, the and may be a representative for more than 1 ‘‘(ii) the date of the entry of an order con- court shall treat such compensation as a com- creditor) shall be permitted to appear at and firming a plan. mission, based on section 326 of this title.’’. participate in the meeting of creditors in a case ‘‘(B)(i) The court may extend the period deter- SEC. 408. POSTPETITION DISCLOSURE AND SO- under chapter 7 or 13, either alone or in con- mined under subparagraph (A), prior to the ex- LICITATION. junction with an attorney for the creditor. piration of the 120-day period, for 90 days upon Section 1125 of title 11, United States Code, is Nothing in this subsection shall be construed to motion of the trustee or lessor for cause. amended by adding at the end the following: require any creditor to be represented by an at- ‘‘(ii) If the court grants an extension under ‘‘(g) Notwithstanding subsection (b), an ac- torney at any meeting of creditors.’’. clause (i), the court may grant a subsequent ex- ceptance or rejection of the plan may be solic- SEC. 414. DEFINITION OF DISINTERESTED PER- tension only upon prior written consent of the ited from a holder of a claim or interest if such SON. lessor in each instance.’’. solicitation complies with applicable nonbank- Section 101(14) of title 11, United States Code, (b) EXCEPTION.—Section 365(f)(1) of title 11, ruptcy law and if such holder was solicited be- is amended to read as follows: United States Code, is amended by striking fore the commencement of the case in a manner ‘‘(14) ‘disinterested person’ means a person ‘‘subsection’’ the first place it appears and in- complying with applicable nonbankruptcy that— serting ‘‘subsections (b) and’’. law.’’. ‘‘(A) is not a creditor, an equity security hold- SEC. 405. CREDITORS AND EQUITY SECURITY SEC. 409. PREFERENCES. er, or an insider; HOLDERS COMMITTEES. Section 547(c) of title 11, United States Code, ‘‘(B) is not and was not, within 2 years before (a) APPOINTMENT.—Section 1102(a) of title 11, is amended— the date of the filing of the petition, a director, United States Code, is amended by adding at the (1) by striking paragraph (2) and inserting the officer, or employee of the debtor; and end the following: following: ‘‘(C) does not have an interest materially ad- ‘‘(4) On request of a party in interest and ‘‘(2) to the extent that such transfer was in verse to the interest of the estate or of any class after notice and a hearing, the court may order payment of a debt incurred by the debtor in the of creditors or equity security holders, by reason the United States trustee to change the member- ordinary course of business or financial affairs of any direct or indirect relationship to, connec- ship of a committee appointed under this sub- of the debtor and the transferee, and such tion with, or interest in, the debtor, or for any section, if the court determines that the change transfer was— other reason;’’.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00158 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22315 SEC. 415. FACTORS FOR COMPENSATION OF PRO- (1) in subsection (a), by striking ‘‘Notwith- ‘‘(B) acceptances and rejections of a plan may FESSIONAL PERSONS. standing section 1915 of this title, the’’ and in- be solicited based on a conditionally approved Section 330(a)(3) of title 11, United States serting ‘‘The’’; and disclosure statement if the debtor provides ade- Code, as amended by this Act, is amended— (2) by adding at the end the following: quate information to each holder of a claim or (1) in subparagraph (D), by striking ‘‘and’’ at ‘‘(f)(1) Under the procedures prescribed by the interest that is solicited, but a conditionally ap- the end; Judicial Conference of the United States, the proved disclosure statement shall be mailed not (2) by redesignating subparagraph (E) as sub- district court or the bankruptcy court may later than 20 days before the date of the hearing paragraph (F); and waive the filing fee in a case under chapter 7 of on confirmation of the plan; and (3) by inserting after subparagraph (D) the title 11 for an individual if the court determines ‘‘(C) the hearing on the disclosure statement following: that such debtor has income less than 150 per- may be combined with the hearing on confirma- ‘‘(E) with respect to a professional person, cent of the income official poverty line (as de- tion of a plan.’’. whether the person is board certified or other- fined by the Office of Management and Budget, SEC. 432. DEFINITIONS. wise has demonstrated skill and experience in and revised annually in accordance with section the bankruptcy field; and’’. (a) DEFINITIONS.—Section 101 of title 11, 673(2) of the Omnibus Budget Reconciliation Act United States Code, as amended by this Act, is SEC. 416. APPOINTMENT OF ELECTED TRUSTEE. of 1981) applicable to a family of the size in- amended by striking paragraph (51C) and in- Section 1104(b) of title 11, United States Code, volved and is unable to pay that fee in install- serting the following: is amended— ments. For purposes of this paragraph, the term ‘‘(51C) ‘small business case’ means a case filed (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ‘‘filing fee’’ means the filing required by sub- under chapter 11 of this title in which the debtor (2) by adding at the end the following: section (a), or any other fee prescribed by the is a small business debtor; ‘‘(2)(A) If an eligible, disinterested trustee is Judicial Conference under subsections (b) and elected at a meeting of creditors under para- ‘‘(51D) ‘small business debtor’— (c) that is payable to the clerk upon the com- ‘‘(A) subject to subparagraph (B), means a graph (1), the United States trustee shall file a mencement of a case under chapter 7. person engaged in commercial or business activi- report certifying that election. ‘‘(2) The district court or the bankruptcy ties (including any affiliate of such person that ‘‘(B) Upon the filing of a report under sub- court may waive for such debtors other fees pre- paragraph (A)— is also a debtor under this title and excluding a scribed under subsections (b) and (c). person whose primary activity is the business of ‘‘(i) the trustee elected under paragraph (1) ‘‘(3) This subsection does not restrict the dis- shall be considered to have been selected and owning or operating real property or activities trict court or the bankruptcy court from incidental thereto) that has aggregate non- appointed for purposes of this section; and waiving, in accordance with Judicial Conference ‘‘(ii) the service of any trustee appointed contingent, liquidated secured and unsecured policy, fees prescribed under this section for debts as of the date of the petition or the order under subsection (d) shall terminate. other debtors and creditors.’’. ‘‘(C) In the case of any dispute arising out of for relief in an amount not more than $3,000,000 an election described in subparagraph (A), the SEC. 419. MORE COMPLETE INFORMATION RE- (excluding debts owed to 1 or more affiliates or GARDING ASSETS OF THE ESTATE. court shall resolve the dispute.’’. insiders) for a case in which the United States (a) IN GENERAL.— trustee has not appointed under section SEC. 417. UTILITY SERVICE. (1) DISCLOSURE.—The Advisory Committee on Section 366 of title 11, United States Code, is 1102(a)(1) a committee of unsecured creditors or Bankruptcy Rules of the Judicial Conference of where the court has determined that the com- amended— the United States, after consideration of the (1) in subsection (a), by striking ‘‘subsection mittee of unsecured creditors is not sufficiently views of the Director of the Executive Office for active and representative to provide effective (b)’’ and inserting ‘‘subsections (b) and (c)’’; United States Trustees, shall propose for adop- and oversight of the debtor; and tion amended Federal Rules of Bankruptcy Pro- ‘‘(B) does not include any member of a group (2) by adding at the end the following: cedure and Official Bankruptcy Forms directing ‘‘(c)(1)(A) For purposes of this subsection, the of affiliated debtors that has aggregate non- debtors under chapter 11 of title 11, United term ‘assurance of payment’ means— contingent liquidated secured and unsecured States Code, to disclose the information de- ‘‘(i) a cash deposit; debts in an amount greater than $3,000,000 (ex- scribed in paragraph (2) by filing and serving ‘‘(ii) a letter of credit; cluding debt owed to 1 or more affiliates or in- ‘‘(iii) a certificate of deposit; periodic financial and other reports designed to siders);’’. ‘‘(iv) a surety bond; provide such information. (b) CONFORMING AMENDMENT.—Section ‘‘(v) a prepayment of utility consumption; or (2) INFORMATION.—The information referred 1102(a)(3) of title 11, United States Code, is ‘‘(vi) another form of security that is mutually to in paragraph (1) is the value, operations, and amended by inserting ‘‘debtor’’ after ‘‘small agreed on between the utility and the debtor or profitability of any closely held corporation, business’’. partnership, or of any other entity in which the the trustee. SEC. 433. STANDARD FORM DISCLOSURE STATE- ‘‘(B) For purposes of this subsection an ad- debtor holds a substantial or controlling inter- MENT AND PLAN. ministrative expense priority shall not constitute est. Within a reasonable period of time after the (b) PURPOSE.—The purpose of the rules and an assurance of payment. date of enactment of this Act, the Advisory reports under subsection (a) shall be to assist ‘‘(2) Subject to paragraphs (3) through (5), Committee on Bankruptcy Rules of the Judicial parties in interest taking steps to ensure that with respect to a case filed under chapter 11, a Conference of the United States shall propose the debtor’s interest in any entity referred to in utility referred to in subsection (a) may alter, for adoption standard form disclosure state- subsection (a)(2) is used for the payment of al- refuse, or discontinue utility service, if during ments and plans of reorganization for small lowed claims against debtor. the 30-day period beginning on the date of filing business debtors (as defined in section 101 of of the petition, the utility does not receive from Subtitle B—Small Business Bankruptcy title 11, United States Code, as amended by this the debtor or the trustee adequate assurance of Provisions Act), designed to achieve a practical balance be- payment for utility service that is satisfactory to SEC. 431. FLEXIBLE RULES FOR DISCLOSURE tween— the utility. STATEMENT AND PLAN. (1) the reasonable needs of the courts, the ‘‘(3)(A) On request of a party in interest and Section 1125 of title 11, United States Code, is United States trustee, creditors, and other par- after notice and a hearing, the court may order amended— ties in interest for reasonably complete informa- modification of the amount of an assurance of (1) in subsection (a)(1), by inserting before the tion; and payment under paragraph (2). semicolon ‘‘and in determining whether a disclo- (2) economy and simplicity for debtors. ‘‘(B) In making a determination under this sure statement provides adequate information, SEC. 434. UNIFORM NATIONAL REPORTING RE- paragraph whether an assurance of payment is the court shall consider the complexity of the QUIREMENTS. adequate, the court may not consider— case, the benefit of additional information to (a) REPORTING REQUIRED.— ‘‘(i) the absence of security before the date of creditors and other parties in interest, and the (1) IN GENERAL.—Chapter 3 of title 11, United filing of the petition; cost of providing additional information’’; and States Code, is amended by inserting after sec- ‘‘(ii) the payment by the debtor of charges for (2) by striking subsection (f), and inserting the tion 307 the following: utility service in a timely manner before the date following: of filing of the petition; or ‘‘(f) Notwithstanding subsection (b), in a ‘‘§ 308. Debtor reporting requirements ‘‘(iii) the availability of an administrative ex- small business case— ‘‘(a) For purposes of this section, the term pense priority. ‘‘(1) the court may determine that the plan ‘profitability’ means, with respect to a debtor, ‘‘(4) Notwithstanding any other provision of itself provides adequate information and that a the amount of money that the debtor has earned law, with respect to a case subject to this sub- separate disclosure statement is not necessary; or lost during current and recent fiscal periods. section, a utility may recover or set off against ‘‘(2) the court may approve a disclosure state- ‘‘(b) A small business debtor shall file periodic a security deposit provided to the utility by the ment submitted on standard forms approved by financial and other reports containing informa- debtor before the date of filing of the petition the court or adopted under section 2075 of title tion including— without notice or order of the court.’’. 28; and ‘‘(1) the debtor’s profitability; SEC. 418. BANKRUPTCY FEES. ‘‘(3)(A) the court may conditionally approve a ‘‘(2) reasonable approximations of the debtor’s Section 1930 of title 28, United States Code, is disclosure statement subject to final approval projected cash receipts and cash disbursements amended— after notice and a hearing; over a reasonable period;

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00159 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22316 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘(3) comparisons of actual cash receipts and ations, or cash-flow statement has been pre- (1) in paragraph (3)— disbursements with projections in prior reports; pared and no Federal tax return has been filed; (A) in subparagraph (G), by striking ‘‘and’’ at ‘‘(4)(A) whether the debtor is— ‘‘(2) attend, through its senior management the end; ‘‘(i) in compliance in all material respects with personnel and counsel, meetings scheduled by (B) by redesignating subparagraph (H) as sub- postpetition requirements imposed by this title the court or the United States trustee, including paragraph (I); and and the Federal Rules of Bankruptcy Proce- initial debtor interviews, scheduling con- (C) by inserting after subparagraph (G) the dure; and ferences, and meetings of creditors convened following: ‘‘(ii) timely filing tax returns and other re- under section 341 unless the court waives that ‘‘(H) in small business cases (as defined in sec- quired government filings and paying taxes and requirement after notice and hearing, upon a tion 101 of title 11), performing the additional other administrative claims when due; finding of extraordinary and compelling cir- duties specified in title 11 pertaining to such ‘‘(B) if the debtor is not in compliance with cumstances; cases; and’’; the requirements referred to in subparagraph ‘‘(3) timely file all schedules and statements of (2) in paragraph (5), by striking ‘‘and’’ at the (A)(i) or filing tax returns and other required financial affairs, unless the court, after notice end; government filings and making the payments re- and a hearing, grants an extension, which shall (3) in paragraph (6), by striking the period at ferred to in subparagraph (A)(ii), what the fail- not extend such time period to a date later than the end and inserting a semicolon; and ures are and how, at what cost, and when the 30 days after the date of the order for relief, ab- (4) by adding at the end the following: debtor intends to remedy such failures; and sent extraordinary and compelling cir- ‘‘(7) in each of such small business cases— ‘‘(C) such other matters as are in the best in- cumstances; ‘‘(A) conduct an initial debtor interview as terests of the debtor and creditors, and in the ‘‘(4) file all postpetition financial and other soon as practicable after the entry of order for public interest in fair and efficient procedures reports required by the Federal Rules of Bank- relief but before the first meeting scheduled under chapter 11 of this title.’’. ruptcy Procedure or by local rule of the district under section 341(a) of title 11, at which time (2) CLERICAL AMENDMENT.—The table of sec- court; the United States trustee shall— tions for chapter 3 of title 11, United States ‘‘(5) subject to section 363(c)(2), maintain in- ‘‘(i) begin to investigate the debtor’s viability; Code, is amended by inserting after the item re- surance customary and appropriate to the in- ‘‘(ii) inquire about the debtor’s business plan; ‘‘(iii) explain the debtor’s obligations to file lating to section 307 the following: dustry; ‘‘308. Debtor reporting requirements.’’. ‘‘(6)(A) timely file tax returns and other re- monthly operating reports and other required reports; (b) EFFECTIVE DATE.—The amendments made quired government filings; and ‘‘(iv) attempt to develop an agreed scheduling by subsection (a) shall take effect 60 days after ‘‘(B) subject to section 363(c)(2), timely pay all order; and the date on which rules are prescribed under administrative expense tax claims, except those ‘‘(v) inform the debtor of other obligations; being contested by appropriate proceedings section 2075 of title 28, United States Code, to es- ‘‘(B) if determined to be appropriate and ad- being diligently prosecuted; and tablish forms to be used to comply with section visable, visit the appropriate business premises ‘‘(7) allow the United States trustee, or a des- 308 of title 11, United States Code, as added by of the debtor and ascertain the state of the debt- ignated representative of the United States subsection (a). or’s books and records and verify that the debt- trustee, to inspect the debtor’s business prem- SEC. 435. UNIFORM REPORTING RULES AND or has filed its tax returns; and ises, books, and records at reasonable times, FORMS FOR SMALL BUSINESS CASES. ‘‘(C) review and monitor diligently the debt- after reasonable prior written notice, unless no- (a) PROPOSAL OF RULES AND FORMS.—The Ad- or’s activities, to identify as promptly as possible tice is waived by the debtor.’’. visory Committee on Bankruptcy Rules of the whether the debtor will be unable to confirm a (b) CLERICAL AMENDMENT.—The table of sec- Judicial Conference of the United States shall plan; and tions for chapter 11 of title 11, United States propose for adoption amended Federal Rules of ‘‘(8) in any case in which the United States Code, is amended by adding at the end of the Bankruptcy Procedure and Official Bankruptcy trustee finds material grounds for any relief matter relating to subchapter I the following: Forms to be used by small business debtors to under section 1112 of title 11, the United States file periodic financial and other reports con- ‘‘1116. Duties of trustee or debtor in possession trustee shall apply promptly after making that taining information, including information re- in small business cases.’’. finding to the court for relief.’’. lating to— SEC. 437. PLAN FILING AND CONFIRMATION SEC. 440. SCHEDULING CONFERENCES. (1) the debtor’s profitability; DEADLINES. Section 105(d) of title 11, United States Code, (2) the debtor’s cash receipts and disburse- Section 1121 of title 11, United States Code, is is amended— ments; and amended by striking subsection (e) and inserting (1) in the matter preceding paragraph (1), by (3) whether the debtor is timely filing tax re- the following: striking ‘‘, may’’; and turns and paying taxes and other administrative ‘‘(e) In a small business case— (2) by striking paragraph (1) and inserting the claims when due. ‘‘(1) only the debtor may file a plan until after following: (b) PURPOSE.—The rules and forms proposed 180 days after the date of the order for relief, ‘‘(1) shall hold such status conferences as are under subsection (a) shall be designed to unless that period is— necessary to further the expeditious and eco- achieve a practical balance among— ‘‘(A) extended as provided by this subsection, nomical resolution of the case; and’’. (1) the reasonable needs of the bankruptcy after notice and hearing; or SEC. 441. SERIAL FILER PROVISIONS. court, the United States trustee, creditors, and ‘‘(B) the court, for cause, orders otherwise; Section 362 of title 11, United States Code, as other parties in interest for reasonably complete ‘‘(2) the plan, and any necessary disclosure amended by this Act is amended— information; statement, shall be filed not later than 300 days (1) in subsection (k), as redesignated by this (2) the small business debtor’s interest that re- after the date of the order for relief; and Act— quired reports be easy and inexpensive to com- ‘‘(3) the time periods specified in paragraphs (A) by striking ‘‘An’’ and inserting ‘‘(1) Ex- plete; and (1) and (2), and the time fixed in section 1129(e), (3) the interest of all parties that the required cept as provided in paragraph (2), an’’; and within which the plan shall be confirmed, may (B) by adding at the end the following: reports help the small business debtor to under- be extended only if— stand the small business debtor’s financial con- ‘‘(2) If such violation is based on an action ‘‘(A) the debtor, after providing notice to par- taken by an entity in the good faith belief that dition and plan the small business debtor’s fu- ties in interest (including the United States ture. subsection (h) applies to the debtor, the recovery trustee), demonstrates by a preponderance of under paragraph (1) of this subsection against SEC. 436. DUTIES IN SMALL BUSINESS CASES. the evidence that it is more likely than not that such entity shall be limited to actual damages.’’; (a) DUTIES IN CHAPTER 11 CASES.—Subchapter the court will confirm a plan within a reason- and I of title 11, United States Code, as amended by able period of time; (2) by adding at the end the following: this Act, is amended by adding at the end the ‘‘(B) a new deadline is imposed at the time the ‘‘(l)(1) Except as provided in paragraph (2) of following: extension is granted; and this subsection, the provisions of subsection (a) ‘‘§ 1116. Duties of trustee or debtor in posses- ‘‘(C) the order extending time is signed before do not apply in a case in which the debtor— sion in small business cases the existing deadline has expired.’’. ‘‘(A) is a debtor in a small business case pend- ‘‘In a small business case, a trustee or the SEC. 438. PLAN CONFIRMATION DEADLINE. ing at the time the petition is filed; debtor in possession, in addition to the duties Section 1129 of title 11, United States Code, is ‘‘(B) was a debtor in a small business case provided in this title and as otherwise required amended by adding at the end the following: that was dismissed for any reason by an order by law, shall— ‘‘(e) In a small business case, the plan shall be that became final in the 2-year period ending on ‘‘(1) append to the voluntary petition or, in confirmed not later than 175 days after the date the date of the order for relief entered with re- an involuntary case, file not later than 7 days of the order for relief, unless such 175-day pe- spect to the petition; after the date of the order for relief— riod is extended as provided in section ‘‘(C) was a debtor in a small business case in ‘‘(A) its most recent balance sheet, statement 1121(e)(3).’’. which a plan was confirmed in the 2-year period of operations, cash-flow statement, Federal in- SEC. 439. DUTIES OF THE UNITED STATES TRUST- ending on the date of the order for relief entered come tax return; or EE. with respect to the petition; or ‘‘(B) a statement made under penalty of per- Section 586(a) of title 28, United States Code, ‘‘(D) is an entity that has succeeded to sub- jury that no balance sheet, statement of oper- is amended— stantially all of the assets or business of a small

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00160 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22317 business debtor described in subparagraph (A), ‘‘(L) revocation of an order of confirmation (1) in paragraph (5), by striking ‘‘and’’ at the (B), or (C). under section 1144; end; ‘‘(2) This subsection does not apply— ‘‘(M) inability to effectuate substantial con- (2) in paragraph (6), by striking the period at ‘‘(A) to an involuntary case involving no col- summation of a confirmed plan; the end and inserting a semicolon; and lusion by the debtor with creditors; or ‘‘(N) material default by the debtor with re- (3) by adding at the end the following: ‘‘(B) to the filing of a petition if— spect to a confirmed plan; ‘‘(7) with respect to a nonresidential real ‘‘(i) the debtor proves by a preponderance of ‘‘(O) termination of a confirmed plan by rea- property lease previously assumed under section the evidence that the filing of that petition re- son of the occurrence of a condition specified in 365, and subsequently rejected, a sum equal to sulted from circumstances beyond the control of the plan; and all monetary obligations due, excluding those the debtor not foreseeable at the time the case ‘‘(P) failure of the debtor to pay any domestic arising from or relating to a failure to operate or then pending was filed; and support obligation that first becomes payable penalty provisions, for the period of 2 years fol- ‘‘(ii) it is more likely than not that the court after the date on which the petition is filed. lowing the later of the rejection date or the date will confirm a feasible plan, but not a liqui- ‘‘(5) The court shall commence the hearing on of actual turnover of the premises, without re- dating plan, within a reasonable period of any motion under this subsection not later than duction or setoff for any reason whatsoever ex- time.’’. 30 days after filing of the motion, and shall de- cept for sums actually received or to be received SEC. 442. EXPANDED GROUNDS FOR DISMISSAL cide the motion not later than 15 days after from a nondebtor, and the claim for remaining OR CONVERSION AND APPOINTMENT commencement of the hearing, unless the mov- sums due for the balance of the term of the lease OF TRUSTEE. ant expressly consents to a continuance for a shall be a claim under section 502(b)(6);’’. (a) EXPANDED GROUNDS FOR DISMISSAL OR specific period of time or compelling cir- TITLE V—MUNICIPAL BANKRUPTCY CONVERSION.—Section 1112 of title 11, United cumstances prevent the court from meeting the PROVISIONS States Code, is amended by striking subsection time limits established by this paragraph.’’. SEC. 501. PETITION AND PROCEEDINGS RELATED (b) and inserting the following: (b) ADDITIONAL GROUNDS FOR APPOINTMENT TO PETITION. ‘‘(b)(1) Except as provided in paragraph (2) of OF TRUSTEE.—Section 1104(a) of title 11, United (a) TECHNICAL AMENDMENT RELATING TO MU- this subsection, subsection (c) of this section, States Code, is amended— NICIPALITIES.—Section 921(d) of title 11, United and section 1104(a)(3), on request of a party in (1) in paragraph (1), by striking ‘‘or’’ at the States Code, is amended by inserting ‘‘notwith- interest, and after notice and a hearing, the end; standing section 301(b)’’ before the period at the court shall convert a case under this chapter to (2) in paragraph (2), by striking the period at end. a case under chapter 7 or dismiss a case under the end and inserting ‘‘; or’’; and (b) CONFORMING AMENDMENT.—Section 301 of this chapter, whichever is in the best interest of (3) by adding at the end the following: title 11, United States Code, is amended— creditors and the estate, if the movant estab- ‘‘(3) if grounds exist to convert or dismiss the (1) by inserting ‘‘(a)’’ before ‘‘A voluntary’’; lishes cause. case under section 1112, but the court determines and ‘‘(2) The relief provided in paragraph (1) shall that the appointment of a trustee or an exam- (2) by striking the last sentence and inserting not be granted if the debtor or another party in iner is in the best interests of creditors and the the following: interest objects and establishes by a preponder- estate.’’. ‘‘(b) The commencement of a voluntary case ance of the evidence that— SEC. 443. STUDY OF OPERATION OF TITLE 11, under a chapter of this title constitutes an order ‘‘(A) a plan with a reasonable possibility of UNITED STATES CODE, WITH RE- for relief under such chapter.’’. being confirmed will be filed within a reasonable SPECT TO SMALL BUSINESSES. SEC. 502. APPLICABILITY OF OTHER SECTIONS TO period of time; and Not later than 2 years after the date of enact- CHAPTER 9. ‘‘(B) the grounds include an act or omission of ment of this Act, the Administrator of the Small Section 901(a) of title 11, United States Code, the debtor— Business Administration, in consultation with is amended— ‘‘(i) for which there exists a reasonable jus- the Attorney General, the Director of the Ad- (1) by inserting ‘‘555, 556,’’ after ‘‘553,’’; and tification for the act or omission; and ministrative Office of United States Trustees, (2) by inserting ‘‘559, 560, 561, 562’’ after ‘‘(ii) that will be cured within a reasonable and the Director of the Administrative Office of ‘‘557,’’. period of time fixed by the court. the United States Courts, shall— TITLE VI—BANKRUPTCY DATA ‘‘(3) The court shall commence the hearing on (1) conduct a study to determine— SEC. 601. IMPROVED BANKRUPTCY STATISTICS. any motion under this subsection not later than (A) the internal and external factors that (a) IN GENERAL.—Chapter 6 of title 28, United 30 days after filing of the motion, and shall de- cause small businesses, especially sole propri- cide the motion not later than 15 days after States Code, is amended by adding at the end etorships, to become debtors in cases under title the following: commencement of the hearing, unless the mov- 11, United States Code, and that cause certain ant expressly consents to a continuance for a small businesses to successfully complete cases ‘‘§ 159. Bankruptcy statistics specific period of time or compelling cir- under chapter 11 of such title; and ‘‘(a) The clerk of each district shall collect cumstances prevent the court from meeting the (B) how Federal laws relating to bankruptcy statistics regarding individual debtors with pri- time limits established by this paragraph. may be made more effective and efficient in as- marily consumer debts seeking relief under ‘‘(4) For purposes of this subsection, the term sisting small businesses to remain viable; and chapters 7, 11, and 13 of title 11. Those statistics ‘cause’ includes— (2) submit to the President pro tempore of the shall be on a standardized form prescribed by ‘‘(A) substantial or continuing loss to or dimi- Senate and the Speaker of the House of Rep- the Director of the Administrative Office of the nution of the estate; resentatives a report summarizing that study. United States Courts (referred to in this section ‘‘(B) gross mismanagement of the estate; SEC. 444. PAYMENT OF INTEREST. as the ‘Director’). ‘‘(C) failure to maintain appropriate insur- ‘‘(b) The Director shall— Section 362(d)(3) of title 11, United States ance that poses a risk to the estate or to the ‘‘(1) compile the statistics referred to in sub- Code, is amended— public; section (a); ‘‘(D) unauthorized use of cash collateral (1) by inserting ‘‘or 30 days after the court de- ‘‘(2) make the statistics available to the pub- harmful to 1 or more creditors; termines that the debtor is subject to this para- lic; and ‘‘(E) failure to comply with an order of the graph, whichever is later’’ after ‘‘90-day pe- ‘‘(3) not later than October 31, 2002, and an- court; riod)’’; and nually thereafter, prepare, and submit to Con- ‘‘(F) repeated failure timely to satisfy any fil- (2) by striking subparagraph (B) and inserting gress a report concerning the information col- ing or reporting requirement established by this the following: lected under subsection (a) that contains an title or by any rule applicable to a case under ‘‘(B) the debtor has commenced monthly pay- analysis of the information. this chapter; ments that— ‘‘(c) The compilation required under sub- ‘‘(G) failure to attend the meeting of creditors ‘‘(i) may, in the debtor’s sole discretion, not- section (b) shall— convened under section 341(a) or an examina- withstanding section 363(c)(2), be made from ‘‘(1) be itemized, by chapter, with respect to tion ordered under rule 2004 of the Federal rents or other income generated before or after title 11; Rules of Bankruptcy Procedure; the commencement of the case by or from the ‘‘(2) be presented in the aggregate and for ‘‘(H) failure timely to provide information or property to each creditor whose claim is secured each district; and attend meetings reasonably requested by the by such real estate (other than a claim secured ‘‘(3) include information concerning— United States trustee or the bankruptcy admin- by a judgment lien or by an unmatured statu- ‘‘(A) the total assets and total liabilities of the istrator; tory lien); and debtors described in subsection (a), and in each ‘‘(I) failure timely to pay taxes due after the ‘‘(ii) are in an amount equal to interest at the category of assets and liabilities, as reported in date of the order for relief or to file tax returns then applicable nondefault contract rate of in- the schedules prescribed pursuant to section due after the order for relief; terest on the value of the creditor’s interest in 2075 of this title and filed by those debtors; ‘‘(J) failure to file a disclosure statement, or to the real estate; or’’. ‘‘(B) the current monthly income, average in- file or confirm a plan, within the time fixed by SEC. 445. PRIORITY FOR ADMINISTRATIVE EX- come, and average expenses of those debtors as this title or by order of the court; PENSES. reported on the schedules and statements that ‘‘(K) failure to pay any fees or charges re- Section 503(b) of title 11, United States Code, each such debtor files under sections 521 and quired under chapter 123 of title 28; is amended— 1322 of title 11;

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00161 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 22318 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘(C) the aggregate amount of debt discharged best interests of debtors and creditors, and in ference of the United States (in judicial districts in the reporting period, determined as the dif- the public interest in reasonable and adequate served by bankruptcy administrators) shall es- ference between the total amount of debt and information to evaluate the efficiency and prac- tablish procedures to determine the accuracy, obligations of a debtor reported on the schedules ticality of the Federal bankruptcy system. In veracity, and completeness of petitions, sched- and the amount of such debt reported in cat- issuing rules proposing the forms referred to in ules, and other information which the debtor is egories which are predominantly nondischarge- subsection (a), the Attorney General shall strike required to provide under sections 521 and 1322 able; the best achievable practical balance between— of title 11, and, if applicable, section 111 of title ‘‘(D) the average period of time between the ‘‘(1) the reasonable needs of the public for in- 11, in individual cases filed under chapter 7 or filing of the petition and the closing of the case; formation about the operational results of the 13 of such title. Such audits shall be in accord- ‘‘(E) for the reporting period— Federal bankruptcy system; ance with generally accepted auditing stand- ‘‘(i) the number of cases in which a reaffirma- ‘‘(2) economy, simplicity, and lack of undue ards and performed by independent certified tion was filed; and burden on persons with a duty to file reports; public accountants or independent licensed pub- ‘‘(ii)(I) the total number of reaffirmations and lic accountants, provided that the Attorney filed; ‘‘(3) appropriate privacy concerns and safe- General and the Judicial Conference, as appro- ‘‘(II) of those cases in which a reaffirmation guards. priate, may develop alternative auditing stand- was filed, the number of cases in which the ‘‘(d) FINAL REPORTS.—Final reports proposed ards not later than 2 years after the date of en- debtor was not represented by an attorney; and for adoption by trustees under chapters 7, 12, actment of this Act. ‘‘(III) of those cases in which a reaffirmation and 13 of title 11 shall, in addition to such other (2) PROCEDURES.—Those procedures required was filed, the number of cases in which the reaf- matters as are required by law or as the Attor- by paragraph (1) shall— firmation was approved by the court; ney General in the discretion of the Attorney (A) establish a method of selecting appropriate ‘‘(F) with respect to cases filed under chapter General, shall propose, include with respect to a qualified persons to contract to perform those 13 of title 11, for the reporting period— case under such title— audits; ‘‘(i)(I) the number of cases in which a final ‘‘(1) information about the length of time the (B) establish a method of randomly selecting order was entered determining the value of case was pending; cases to be audited, except that not less than 1 property securing a claim in an amount less ‘‘(2) assets abandoned; out of every 250 cases in each Federal judicial than the amount of the claim; and ‘‘(3) assets exempted; district shall be selected for audit; ‘‘(II) the number of final orders determining ‘‘(4) receipts and disbursements of the estate; (C) require audits for schedules of income and the value of property securing a claim issued; ‘‘(5) expenses of administration, including for expenses which reflect greater than average ‘‘(ii) the number of cases dismissed, the num- use under section 707(b), actual costs of admin- variances from the statistical norm of the dis- ber of cases dismissed for failure to make pay- istering cases under chapter 13 of title 11; trict in which the schedules were filed if those ments under the plan, the number of cases ‘‘(6) claims asserted; variances occur by reason of higher income or refiled after dismissal, and the number of cases ‘‘(7) claims allowed; and higher expenses than the statistical norm of the in which the plan was completed, separately ‘‘(8) distributions to claimants and claims dis- district in which the schedules were filed; and itemized with respect to the number of modifica- charged without payment, (D) establish procedures for providing, not less tions made before completion of the plan, if any; in each case by appropriate category and, in frequently than annually, public information and cases under chapters 12 and 13 of title 11, date concerning the aggregate results of such audits ‘‘(iii) the number of cases in which the debtor of confirmation of the plan, each modification including the percentage of cases, by district, in filed another case during the 6-year period pre- thereto, and defaults by the debtor in perform- which a material misstatement of income or ex- ceding the filing; ance under the plan. penditures is reported. ‘‘(G) the number of cases in which creditors ‘‘(e) PERIODIC REPORTS.—Periodic reports pro- (b) AMENDMENTS.—Section 586 of title 28, were fined for misconduct and any amount of posed for adoption by trustees or debtors in pos- United States Code, is amended— punitive damages awarded by the court for cred- session under chapter 11 of title 11 shall, in ad- (1) in subsection (a), by striking paragraph (6) itor misconduct; and dition to such other matters as are required by and inserting the following: ‘‘(H) the number of cases in which sanctions law or as the Attorney General, in the discretion ‘‘(6) make such reports as the Attorney Gen- under rule 9011 of the Federal Rules of Bank- of the Attorney General, shall propose, in- eral directs, including the results of audits per- ruptcy Procedure were imposed against debtor’s clude— formed under section 603(a) of the Bankruptcy counsel or damages awarded under such Rule.’’. ‘‘(1) information about the standard industry Reform Act of 2000; and’’; and (b) CLERICAL AMENDMENT.—The table of sec- classification, published by the Department of (2) by adding at the end the following: tions for chapter 6 of title 28, United States Commerce, for the businesses conducted by the ‘‘(f)(1) The United States trustee for each dis- Code, is amended by adding at the end the fol- debtor; trict is authorized to contract with auditors to lowing: ‘‘(2) length of time the case has been pending; perform audits in cases designated by the ‘‘159. Bankruptcy statistics.’’. ‘‘(3) number of full-time employees as of the United States trustee, in accordance with the date of the order for relief and at the end of (c) EFFECTIVE DATE.—The amendments made procedures established under section 603(a) of each reporting period since the case was filed; the Bankruptcy Reform Act of 2000. by this section shall take effect 18 months after ‘‘(4) cash receipts, cash disbursements and the date of enactment of this Act. ‘‘(2)(A) The report of each audit referred to in profitability of the debtor for the most recent pe- paragraph (1) shall be filed with the court and SEC. 602. UNIFORM RULES FOR THE COLLECTION riod and cumulatively since the date of the transmitted to the United States trustee. Each OF BANKRUPTCY DATA. order for relief; report shall clearly and conspicuously specify (a) AMENDMENT.—Chapter 39 of title 28, ‘‘(5) compliance with title 11, whether or not any material misstatement of income or expendi- United States Code, is amended by adding at the tax returns and tax payments since the date of tures or of assets identified by the person per- end the following: the order for relief have been timely filed and forming the audit. In any case in which a mate- ‘‘§ 589b. Bankruptcy data made; rial misstatement of income or expenditures or of ‘‘(a) RULES.—The Attorney General shall, ‘‘(6) all professional fees approved by the assets has been reported, the clerk of the bank- within a reasonable time after the effective date court in the case for the most recent period and ruptcy court shall give notice of the of this section, issue rules requiring uniform cumulatively since the date of the order for re- misstatement to the creditors in the case. forms for (and from time to time thereafter to lief (separately reported, for the professional ‘‘(B) If a material misstatement of income or appropriately modify and approve)— fees incurred by or on behalf of the debtor, be- expenditures or of assets is reported, the United ‘‘(1) final reports by trustees in cases under tween those that would have been incurred ab- States trustee shall— chapters 7, 12, and 13 of title 11; and sent a bankruptcy case and those not); and ‘‘(i) report the material misstatement, if ap- ‘‘(2) periodic reports by debtors in possession ‘‘(7) plans of reorganization filed and con- propriate, to the United States Attorney pursu- or trustees, as the case may be, in cases under firmed and, with respect thereto, by class, the ant to section 3057 of title 18; and chapter 11 of title 11. recoveries of the holders, expressed in aggregate ‘‘(ii) if advisable, take appropriate action, in- ‘‘(b) REPORTS.—Each report referred to in sub- dollar values and, in the case of claims, as a cluding but not limited to commencing an adver- section (a) shall be designed (and the require- percentage of total claims of the class allowed.’’. sary proceeding to revoke the debtor’s discharge ments as to place and manner of filing shall be (b) CLERICAL AMENDMENT.—The table of sec- pursuant to section 727(d) of title 11.’’. tions at the beginning of chapter 39 of title 28, established) so as to facilitate compilation of (c) AMENDMENTS TO SECTION 521 OF TITLE 11, data and maximum possible access of the public, United States Code, is amended by adding at the U.S.C.—Section 521(a) of title 11, United States both by physical inspection at one or more cen- end the following: Code, as so designated by this Act, is amended tral filing locations, and by electronic access ‘‘589b. Bankruptcy data.’’. in each of paragraphs (3) and (4) by inserting through the Internet or other appropriate SEC. 603. AUDIT PROCEDURES. ‘‘or an auditor appointed under section 586(f) of media. (a) IN GENERAL.— title 28’’ after ‘‘serving in the case’’. ‘‘(c) REQUIRED INFORMATION.—The informa- (1) ESTABLISHMENT OF PROCEDURES.—The At- (d) AMENDMENTS TO SECTION 727 OF TITLE 11, tion required to be filed in the reports referred torney General (in judicial districts served by U.S.C.—Section 727(d) of title 11, United States to in subsection (b) shall be that which is in the United States trustees) and the Judicial Con- Code, is amended—

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00162 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.005 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22319 (1) in paragraph (2), by striking ‘‘or’’ at the (3) by adding at the end the following: (B) in clause (i), by striking ‘‘for a taxable end; ‘‘(C) the amount or legality of any amount year ending on or before the date of filing of the (2) in paragraph (3), by striking the period at arising in connection with an ad valorem tax on petition’’; and the end and inserting ‘‘; or’’; and real or personal property of the estate, if the ap- (C) by striking clause (ii) and inserting the (3) by adding at the end the following: plicable period for contesting or redetermining following: ‘‘(4) the debtor has failed to explain satisfac- that amount under any law (other than a bank- ‘‘(ii) assessed within 240 days before the date torily— ruptcy law) has expired.’’. of the filing of the petition, exclusive of— ‘‘(A) a material misstatement in an audit re- SEC. 702. TREATMENT OF FUEL TAX CLAIMS. ‘‘(I) any time during which an offer in com- ferred to in section 586(f) of title 28; or Section 501 of title 11, United States Code, is promise with respect to that tax was pending or ‘‘(B) a failure to make available for inspection amended by adding at the end the following: in effect during that 240-day period, plus 30 all necessary accounts, papers, documents, fi- ‘‘(e) A claim arising from the liability of a days; and nancial records, files, and all other papers, debtor for fuel use tax assessed consistent with ‘‘(II) any time during which a stay of pro- things, or property belonging to the debtor that the requirements of section 31705 of title 49 may ceedings against collections was in effect in a are requested for an audit referred to in section be filed by the base jurisdiction designated pur- prior case under this title during that 240-day 586(f) of title 28.’’. suant to the International Fuel Tax Agreement period; plus 90 days.’’; and (e) EFFECTIVE DATE.—The amendments made and, if so filed, shall be allowed as a single (2) by adding at the end the following: by this section shall take effect 18 months after claim.’’. ‘‘An otherwise applicable time period specified the date of enactment of this Act. in this paragraph shall be suspended for (i) any SEC. 703. NOTICE OF REQUEST FOR A DETER- SEC. 604. SENSE OF CONGRESS REGARDING MINATION OF TAXES. period during which a governmental unit is pro- AVAILABILITY OF BANKRUPTCY hibited under applicable nonbankruptcy law Section 505(b) of title 11, United States Code, DATA. from collecting a tax as a result of a request by It is the sense of Congress that— is amended— (1) in the first sentence, by inserting ‘‘at the the debtor for a hearing and an appeal of any (1) the national policy of the United States collection action taken or proposed against the should be that all data held by bankruptcy address and in the manner designated in para- graph (1)’’ after ‘‘determination of such tax’’; debtor, plus 90 days; plus (ii) any time during clerks in electronic form, to the extent such data which the stay of proceedings was in effect in a reflects only public records (as defined in sec- (2) by striking ‘‘(1) upon payment’’ and in- serting ‘‘(A) upon payment’’; prior case under this title or during which col- tion 107 of title 11, United States Code), should lection was precluded by the existence of 1 or be released in a usable electronic form in bulk to (3) by striking ‘‘(A) such governmental unit’’ and inserting ‘‘(i) such governmental unit’’; more confirmed plans under this title, plus 90 the public, subject to such appropriate privacy days.’’. concerns and safeguards as Congress and the (4) by striking ‘‘(B) such governmental unit’’ SEC. 706. PRIORITY PROPERTY TAXES INCURRED. Judicial Conference of the United States may and inserting ‘‘(ii) such governmental unit’’; Section 507(a)(8)(B) of title 11, United States determine; and (5) by striking ‘‘(2) upon payment’’ and in- (2) there should be established a bankruptcy serting ‘‘(B) upon payment’’; Code, is amended by striking ‘‘assessed’’ and in- data system in which— (6) by striking ‘‘(3) upon payment’’ and in- serting ‘‘incurred’’. (A) a single set of data definitions and forms serting ‘‘(C) upon payment’’; SEC. 707. NO DISCHARGE OF FRAUDULENT TAXES are used to collect data nationwide; and (7) by striking ‘‘(b)’’ and inserting ‘‘(2)’’; and IN CHAPTER 13. (B) data for any particular bankruptcy case (8) by inserting before paragraph (2), as so Section 1328(a)(2) of title 11, United States are aggregated in the same electronic record. designated, the following: Code, as amended by section 314 of this Act, is ‘‘(b)(1)(A) The clerk of each district shall amended by striking ‘‘paragraph’’ and inserting TITLE VII—BANKRUPTCY TAX PROVISIONS maintain a listing under which a Federal, State, ‘‘section 507(a)(8)(C) or in paragraph (1)(B), SEC. 701. TREATMENT OF CERTAIN LIENS. or local governmental unit responsible for the (1)(C),’’. (a) TREATMENT OF CERTAIN LIENS.—Section collection of taxes within the district may— SEC. 708. NO DISCHARGE OF FRAUDULENT TAXES 724 of title 11, United States Code, is amended— ‘‘(i) designate an address for service of re- IN CHAPTER 11. (1) in subsection (b), in the matter preceding quests under this subsection; and Section 1141(d) of title 11, United States Code, paragraph (1), by inserting ‘‘(other than to the ‘‘(ii) describe where further information con- as amended by this Act, is amended by adding extent that there is a properly perfected un- cerning additional requirements for filing such at the end the following: avoidable tax lien arising in connection with an requests may be found. ‘‘(6) Notwithstanding paragraph (1), the con- ad valorem tax on real or personal property of ‘‘(B) If a governmental unit referred to in sub- firmation of a plan does not discharge a debtor the estate)’’ after ‘‘under this title’’; paragraph (A) does not designate an address that is a corporation from any debt described in (2) in subsection (b)(2), by inserting ‘‘(except and provide that address to the clerk under that section 523(a)(2) or for a tax or customs duty that such expenses, other than claims for wages, subparagraph, any request made under this sub- with respect to which the debtor— salaries, or commissions which arise after the section may be served at the address for the fil- ‘‘(A) made a fraudulent return; or filing of a petition, shall be limited to expenses ing of a tax return or protest with the appro- ‘‘(B) willfully attempted in any manner to incurred under chapter 7 of this title and shall priate taxing authority of that governmental evade or defeat that tax or duty.’’. not include expenses incurred under chapter 11 unit.’’. of this title)’’ after ‘‘507(a)(1)’’; and SEC. 709. STAY OF TAX PROCEEDINGS LIMITED TO PREPETITION TAXES. (3) by adding at the end the following: SEC. 704. RATE OF INTEREST ON TAX CLAIMS. ‘‘(e) Before subordinating a tax lien on real or (a) IN GENERAL.—Subchapter I of chapter 5 of Section 362(a)(8) of title 11, United States personal property of the estate, the trustee title 11, United States Code, is amended by add- Code, is amended by striking ‘‘the debtor’’ and shall— ing at the end the following: inserting ‘‘a corporate debtor’s tax liability for a ‘‘(1) exhaust the unencumbered assets of the ‘‘§ 511. Rate of interest on tax claims taxable period the bankruptcy court may deter- mine or concerning an individual debtor’s tax li- estate; and ‘‘(a) If any provision of this title requires the ability for a taxable period ending before the ‘‘(2) in a manner consistent with section payment of interest on a tax claim or on an ad- order for relief under this title’’. 506(c), recover from property securing an al- ministrative expense tax, or the payment of in- lowed secured claim the reasonable, necessary terest to enable a creditor to receive the present SEC. 710. PERIODIC PAYMENT OF TAXES IN CHAP- TER 11 CASES. costs and expenses of preserving or disposing of value of the allowed amount of a tax claim, the Section 1129(a)(9) of title 11, United States that property. rate of interest shall be the rate determined Code, is amended— ‘‘(f) Notwithstanding the exclusion of ad valo- under applicable nonbankruptcy law. (1) in subparagraph (B), by striking ‘‘and’’ at rem tax liens under this section and subject to ‘‘(b) In the case of taxes paid under a con- the end; the requirements of subsection (e), the following firmed plan under this title, the rate of interest (2) in subparagraph (C), by striking ‘‘deferred may be paid from property of the estate which shall be determined as of the calendar month in cash payments,’’ and all that follows through secures a tax lien, or the proceeds of such prop- which the plan is confirmed.’’. the end of the subparagraph, and inserting erty: (b) CLERICAL AMENDMENT.—The table of sec- ‘‘regular installment payments in cash— ‘‘(1) Claims for wages, salaries, and commis- tions for chapter 5 of title 11, United States ‘‘(i) of a total value, as of the effective date of sions that are entitled to priority under section Code, is amended by inserting after the item re- the plan, equal to the allowed amount of such 507(a)(4). lating to section 510 the following: ‘‘(2) Claims for contributions to an employee claim; benefit plan entitled to priority under section ‘‘511. Rate of interest on tax claims.’’. ‘‘(ii) over a period ending not later than 5 507(a)(5).’’. SEC. 705. PRIORITY OF TAX CLAIMS. years after the date of the entry of the order for (b) DETERMINATION OF TAX LIABILITY.—Sec- Section 507(a)(8) of title 11, United States relief under section 301, 302, or 303; and tion 505(a)(2) of title 11, United States Code, is Code, is amended— ‘‘(iii) in a manner not less favorable than the amended— (1) in subparagraph (A)— most favored nonpriority unsecured claim pro- (1) in subparagraph (A), by striking ‘‘or’’ at (A) in the matter preceding clause (i), by in- vided for in the plan (other than cash payments the end; serting ‘‘for a taxable year ending on or before made to a class of creditors under section (2) in subparagraph (B), by striking the period the date of filing of the petition’’ after ‘‘gross 1122(b)); and’’; and at the end and inserting ‘‘; or’’; and receipts’’; (3) by adding at the end the following:

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00163 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 22320 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘(D) with respect to a secured claim which ‘‘(B) the date on which the trustee commences debtor demonstrates by a preponderance of the would otherwise meet the description of an un- final distribution under this section;’’. evidence that the failure to file a return as re- secured claim of a governmental unit under sec- SEC. 714. INCOME TAX RETURNS PREPARED BY quired under this subsection is attributable to tion 507(a)(8), but for the secured status of that TAX AUTHORITIES. circumstances beyond the control of the debtor, claim, the holder of that claim will receive on Section 523(a) of title 11, United States Code, the court may extend the filing period estab- account of that claim, cash payments, in the as amended by this Act, is amended— lished by the trustee under this subsection for— same manner and over the same period, as pre- (1) in paragraph (1)(B)— ‘‘(A) a period of not more than 30 days for re- scribed in subparagraph (C).’’. (A) in the matter preceding clause (i), by in- turns described in paragraph (1); and SEC. 711. AVOIDANCE OF STATUTORY TAX LIENS serting ‘‘or equivalent report or notice,’’ after ‘‘(B) a period not to extend after the applica- PROHIBITED. ‘‘a return,’’; ble extended due date for a return described in Section 545(2) of title 11, United States Code, (B) in clause (i), by inserting ‘‘or given’’ after paragraph (2). is amended by inserting before the semicolon at ‘‘filed’’; and ‘‘(c) For purposes of this section, the term ‘re- the end the following: ‘‘, except in any case in (C) in clause (ii)— turn’ includes a return prepared pursuant to which a purchaser is a purchaser described in (i) by inserting ‘‘or given’’ after ‘‘filed’’; and subsection (a) or (b) of section 6020 of the Inter- section 6323 of the Internal Revenue Code of (ii) by inserting ‘‘, report, or notice’’ after ‘‘re- nal Revenue Code of 1986, or a similar State or 1986, or in any other similar provision of State turn’’; and local law, or a written stipulation to a judgment or local law’’. (2) by adding at the end the following: or a final order entered by a nonbankruptcy tri- SEC. 712. PAYMENT OF TAXES IN THE CONDUCT ‘‘For purposes of this subsection, the term ‘re- bunal.’’. OF BUSINESS. turn’ means a return that satisfies the require- (2) CONFORMING AMENDMENT.—The table of (a) PAYMENT OF TAXES REQUIRED.—Section ments of applicable nonbankruptcy law (includ- sections at the beginning of chapter 13 of title 960 of title 28, United States Code, is amended— ing applicable filing requirements). Such term 11, United States Code, is amended by inserting (1) by inserting ‘‘(a)’’ before ‘‘Any’’; and includes a return prepared pursuant to section after the item relating to section 1307 the fol- (2) by adding at the end the following: 6020(a) of the Internal Revenue Code of 1986, or lowing: ‘‘(b) A tax under subsection (a) shall be paid similar State or local law, or a written stipula- ‘‘1308. Filing of prepetition tax returns.’’. on or before the due date of the tax under appli- tion to a judgment or a final order entered by a (c) DISMISSAL OR CONVERSION ON FAILURE TO cable nonbankruptcy law, unless— nonbankruptcy tribunal, but does not include a COMPLY.—Section 1307 of title 11, United States ‘‘(1) the tax is a property tax secured by a lien return made pursuant to section 6020(b) of the Code, is amended— against property that is abandoned within a Internal Revenue Code of 1986, or a similar (1) by redesignating subsections (e) and (f) as reasonable period of time after the lien attaches State or local law.’’. subsections (f) and (g), respectively; and by the trustee of a bankruptcy estate under sec- SEC. 715. DISCHARGE OF THE ESTATE’S LIABILITY (2) by inserting after subsection (d) the fol- tion 554 of title 11; or FOR UNPAID TAXES. lowing: ‘‘(2) payment of the tax is excused under a Section 505(b)(2) of title 11, United States ‘‘(e) Upon the failure of the debtor to file a specific provision of title 11. Code, as amended by this Act, is amended by in- tax return under section 1308, on request of a ‘‘(c) In a case pending under chapter 7 of title serting ‘‘the estate,’’ after ‘‘misrepresentation,’’. party in interest or the United States trustee and after notice and a hearing, the court shall 11, payment of a tax may be deferred until final SEC. 716. REQUIREMENT TO FILE TAX RETURNS distribution is made under section 726 of title 11, TO CONFIRM CHAPTER 13 PLANS. dismiss a case or convert a case under this chap- ter to a case under chapter 7 of this title, which- if— (a) FILING OF PREPETITION TAX RETURNS RE- ever is in the best interest of the creditors and ‘‘(1) the tax was not incurred by a trustee QUIRED FOR PLAN CONFIRMATION.—Section duly appointed under chapter 7 of title 11; or 1325(a) of title 11, United States Code, as the estate.’’. (d) TIMELY FILED CLAIMS.—Section 502(b)(9) ‘‘(2) before the due date of the tax, an order amended by this Act, is amended by adding at of title 11, United States Code, is amended by in- of the court makes a finding of probable insuffi- the end the following: serting before the period at the end the fol- ciency of funds of the estate to pay in full the ‘‘(9) the debtor has filed all applicable Fed- lowing ‘‘, and except that in a case under chap- administrative expenses allowed under section eral, State, and local tax returns as required by ter 13, a claim of a governmental unit for a tax 503(b) of title 11 that have the same priority in section 1308.’’. with respect to a return filed under section 1308 distribution under section 726(b) of title 11 as (b) ADDITIONAL TIME PERMITTED FOR FILING shall be timely if the claim is filed on or before the priority of that tax.’’. TAX RETURNS.— (b) PAYMENT OF AD VALOREM TAXES RE- (1) IN GENERAL.—Subchapter I of chapter 13 of the date that is 60 days after the date on which QUIRED.—Section 503(b)(1)(B)(i) of title 11, title 11, United States Code, is amended by add- such return was filed as required’’. (e) RULES FOR OBJECTIONS TO CLAIMS AND TO United States Code, is amended by inserting ing at the end the following: ‘‘whether secured or unsecured, including prop- CONFIRMATION.—It is the sense of Congress that ‘‘§ 1308. Filing of prepetition tax returns erty taxes for which liability is in rem, in per- the Advisory Committee on Bankruptcy Rules of sonam, or both,’’ before ‘‘except’’. ‘‘(a) Not later than the day before the date on the Judicial Conference of the United States (c) REQUEST FOR PAYMENT OF ADMINISTRA- which the meeting of the creditors is first sched- should, as soon as practicable after the date of TIVE EXPENSE TAXES ELIMINATED.—Section uled to be held under section 341(a), if the debt- enactment of this Act, propose for adoption 503(b)(1) of title 11, United States Code, is or was required to file a tax return under appli- amended Federal Rules of Bankruptcy Proce- amended— cable nonbankruptcy law, the debtor shall file dure which provide that— (1) in subparagraph (B), by striking ‘‘and’’ at with appropriate tax authorities all tax returns (1) notwithstanding the provisions of Rule the end; for all taxable periods ending during the 4-year 3015(f), in cases under chapter 13 of title 11, (2) in subparagraph (C), by adding ‘‘and’’ at period ending on the date of the filing of the pe- United States Code, an objection to the con- the end; and tition. firmation of a plan filed by a governmental unit (3) by adding at the end the following: ‘‘(b)(1) Subject to paragraph (2), if the tax re- on or before the date that is 60 days after the ‘‘(D) notwithstanding the requirements of sub- turns required by subsection (a) have not been date on which the debtor files all tax returns re- section (a), a governmental unit shall not be re- filed by the date on which the meeting of credi- quired under sections 1308 and 1325(a)(7) of title quired to file a request for the payment of an ex- tors is first scheduled to be held under section 11, United States Code, shall be treated for all pense described in subparagraph (B) or (C), as 341(a), the trustee may hold open that meeting purposes as if such objection had been timely a condition of its being an allowed administra- for a reasonable period of time to allow the debt- filed before such confirmation; and tive expense;’’. or an additional period of time to file any (2) in addition to the provisions of Rule 3007, (d) PAYMENT OF TAXES AND FEES AS SECURED unfiled returns, but such additional period of in a case under chapter 13 of title 11, United CLAIMS.—Section 506 of title 11, United States time shall not extend beyond— States Code, no objection to a tax with respect Code, is amended— ‘‘(A) for any return that is past due as of the to which a return is required to be filed under (1) in subsection (b), by inserting ‘‘or State date of the filing of the petition, the date that section 1308 of title 11, United States Code, shall statute’’ after ‘‘agreement’’; and is 120 days after the date of that meeting; or be filed until such return has been filed as re- (2) in subsection (c), by inserting ‘‘, including ‘‘(B) for any return that is not past due as of quired. the payment of all ad valorem property taxes the date of the filing of the petition, the later SEC. 717. STANDARDS FOR TAX DISCLOSURE. with respect to the property’’ before the period of— Section 1125(a)(1) of title 11, United States at the end. ‘‘(i) the date that is 120 days after the date of Code, is amended— SEC. 713. TARDILY FILED PRIORITY TAX CLAIMS. that meeting; or (1) by inserting ‘‘including a discussion of the Section 726(a)(1) of title 11, United States ‘‘(ii) the date on which the return is due potential material Federal tax consequences of Code, is amended by striking ‘‘before the date under the last automatic extension of time for the plan to the debtor, any successor to the on which the trustee commences distribution filing that return to which the debtor is entitled, debtor, and a hypothetical investor typical of under this section;’’ and inserting the following: and for which request is timely made, in accord- the holders of claims or interests in the case,’’ ‘‘on or before the earlier of— ance with applicable nonbankruptcy law. after ‘‘records’’; and ‘‘(A) the date that is 10 days after the mailing ‘‘(2) Upon notice and hearing, and order en- (2) by striking ‘‘a hypothetical reasonable in- to creditors of the summary of the trustee’s final tered before the tolling of any applicable filing vestor typical of holders of claims or interests’’ report; or period determined under this subsection, if the and inserting ‘‘such a hypothetical investor’’.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00164 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22321 SEC. 718. SETOFF OF TAX REFUNDS. ‘‘(e) The estate in any case described in sub- (1) Section 728 of title 11, United States Code, Section 362(b) of title 11, United States Code, section (a) shall use the same accounting meth- is repealed. is amended by inserting after paragraph (26), as od as the debtor used immediately before the (2) Section 1146 of title 11, United States Code, added by this Act, the following: commencement of the case, if such method of ac- is amended— ‘‘(27) under subsection (a), of the setoff under counting complies with applicable nonbank- (A) by striking subsections (a) and (b); and applicable nonbankruptcy law of an income tax ruptcy tax law. (B) by redesignating subsections (c) and (d) as refund, by a governmental unit, with respect to ‘‘(f) For purposes of any State or local law im- subsections (a) and (b), respectively. a taxable period that ended before the order for posing a tax on or measured by income, a trans- (3) Section 1231 of title 11, United States Code, relief against an income tax liability for a tax- fer of property from the debtor to the estate or is amended— able period that also ended before the order for from the estate to the debtor shall not be treated (A) by striking subsections (a) and (b); and relief, except that in any case in which the as a disposition for purposes of any provision (B) by redesignating subsections (c) and (d) as setoff of an income tax refund is not permitted assigning tax consequences to a disposition, ex- subsections (a) and (b), respectively. under applicable nonbankruptcy law because of cept to the extent that such transfer is treated SEC. 720. DISMISSAL FOR FAILURE TO TIMELY a pending action to determine the amount or le- as a disposition under the Internal Revenue FILE TAX RETURNS. gality of a tax liability, the governmental unit Code of 1986. Section 521 of title 11, United States Code, as may hold the refund pending the resolution of ‘‘(g) Whenever a tax is imposed pursuant to a amended by this Act, is amended by adding at the action, unless the court, upon motion of the State or local law imposing a tax on or meas- the end the following: trustee and after notice and hearing, grants the ured by income pursuant to subsection (a) or ‘‘(k)(1) Notwithstanding any other provision taxing authority adequate protection (within (b), such tax shall be imposed at rates generally of this title, if the debtor fails to file a tax re- the meaning of section 361) for the secured claim applicable to the same types of entities under turn that becomes due after the commencement of that authority in the setoff under section such State or local law. of the case or to properly obtain an extension of 506(a);’’. ‘‘(h) The trustee shall withhold from any pay- the due date for filing such return, the taxing SEC. 719. SPECIAL PROVISIONS RELATED TO THE ment of claims for wages, salaries, commissions, authority may request that the court enter an TREATMENT OF STATE AND LOCAL order converting or dismissing the case. TAXES. dividends, interest, or other payments, or col- ‘‘(2) If the debtor does not file the required re- (a) IN GENERAL.—Section 346 of title 11, lect, any amount required to be withheld or col- United States Code, is amended to read as fol- lected under applicable State or local tax law, turn or obtain the extension referred to in para- lows: and shall pay such withheld or collected graph (1) within 90 days after a request is filed amount to the appropriate governmental unit at by the taxing authority under that paragraph, ‘‘§ 346. Special provisions related to the treat- the time and in the manner required by such tax the court shall convert or dismiss the case, ment of state and local taxes law, and with the same priority as the claim whichever is in the best interests of creditors ‘‘(a) Whenever the Internal Revenue Code of from which such amount was withheld or col- and the estate.’’. 1986 provides that a separate taxable estate or lected was paid. TITLE VIII—ANCILLARY AND OTHER entity is created in a case concerning a debtor ‘‘(i)(1) To the extent that any State or local under this title, and the income, gain, loss, de- CROSS-BORDER CASES law imposing a tax on or measured by income ductions, and credits of such estate shall be SEC. 801. AMENDMENT TO ADD CHAPTER 15 TO provides for the carryover of any tax attribute taxed to or claimed by the estate, a separate tax- TITLE 11, UNITED STATES CODE. from one taxable period to a subsequent taxable able estate is also created for purposes of any (a) IN GENERAL.—Title 11, United States Code, period, the estate shall succeed to such tax at- State and local law imposing a tax on or meas- is amended by inserting after chapter 13 the fol- tribute in any case in which such estate is sub- ured by income and such income, gain, loss, de- lowing: ject to tax under subsection (a). ductions, and credits shall be taxed to or ‘‘(2) After such a case is closed or dismissed, ‘‘CHAPTER 15—ANCILLARY AND OTHER claimed by the estate and may not be taxed to the debtor shall succeed to any tax attribute to CROSS-BORDER CASES or claimed by the debtor. The preceding sen- which the estate succeeded under paragraph (1) ‘‘Sec. tence shall not apply if the case is dismissed. ‘‘1501. Purpose and scope of application. The trustee shall make tax returns of income re- to the extent consistent with the Internal Rev- quired under any such State or local law. enue Code of 1986. ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘(b) Whenever the Internal Revenue Code of ‘‘(3) The estate may carry back any loss or tax ‘‘1502. Definitions. 1986 provides that no separate taxable estate attribute to a taxable period of the debtor that ‘‘1503. International obligations of the United shall be created in a case concerning a debtor ended before the order for relief under this title States. under this title, and the income, gain, loss, de- to the extent that— ‘‘1504. Commencement of ancillary case. ductions, and credits of an estate shall be taxed ‘‘(A) applicable State or local tax law provides ‘‘1505. Authorization to act in a foreign coun- to or claimed by the debtor, such income, gain, for a carryback in the case of the debtor; and try. loss, deductions, and credits shall be taxed to or ‘‘(B) the same or a similar tax attribute may ‘‘1506. Public policy exception. claimed by the debtor under a State or local law be carried back by the estate to such a taxable ‘‘1507. Additional assistance. imposing a tax on or measured by income and period of the debtor under the Internal Revenue ‘‘1508. Interpretation. Code of 1986. may not be taxed to or claimed by the estate. ‘‘SUBCHAPTER II—ACCESS OF FOREIGN ‘‘(j)(1) For purposes of any State or local law The trustee shall make such tax returns of in- REPRESENTATIVES AND CREDITORS TO imposing a tax on or measured by income, in- come of corporations and of partnerships as are THE COURT required under any State or local law, but with come is not realized by the estate, the debtor, or ‘‘1509. Right of direct access. respect to partnerships, shall make said returns a successor to the debtor by reason of discharge ‘‘1510. Limited jurisdiction. only to the extent such returns are also required of indebtedness in a case under this title, except ‘‘1511. Commencement of case under section 301 to be made under such Code. The estate shall be to the extent, if any, that such income is subject or 303. liable for any tax imposed on such corporation to tax under the Internal Revenue Code of 1986. ‘‘1512. Participation of a foreign representative or partnership, but not for any tax imposed on ‘‘(2) Whenever the Internal Revenue Code of in a case under this title. partners or members. 1986 provides that the amount excluded from ‘‘1513. Access of foreign creditors to a case ‘‘(c) With respect to a partnership or any enti- gross income in respect of the discharge of in- under this title. ty treated as a partnership under a State or debtedness in a case under this title shall be ap- ‘‘1514. Notification to foreign creditors con- local law imposing a tax on or measured by in- plied to reduce the tax attributes of the debtor cerning a case under this title. come that is a debtor in a case under this title, or the estate, a similar reduction shall be made any gain or loss resulting from a distribution of under any State or local law imposing a tax on ‘‘SUBCHAPTER III—RECOGNITION OF A property from such partnership, or any distribu- or measured by income to the extent such State FOREIGN PROCEEDING AND RELIEF tive share of any income, gain, loss, deduction, or local law recognizes such attributes. Such ‘‘1515. Application for recognition. or credit of a partner or member that is distrib- State or local law may also provide for the re- ‘‘1516. Presumptions concerning recognition. uted, or considered distributed, from such part- duction of other attributes to the extent that the ‘‘1517. Order granting recognition. nership, after the commencement of the case, is full amount of income from the discharge of in- ‘‘1518. Subsequent information. gain, loss, income, deduction, or credit, as the debtedness has not been applied. ‘‘1519. Relief that may be granted upon filing case may be, of the partner or member, and if ‘‘(k)(1) Except as provided in this section and petition for recognition. such partner or member is a debtor in a case section 505, the time and manner of filing tax re- ‘‘1520. Effects of recognition of a foreign main under this title, shall be subject to tax in ac- turns and the items of income, gain, loss, deduc- proceeding. cordance with subsection (a) or (b). tion, and credit of any taxpayer shall be deter- ‘‘1521. Relief that may be granted upon recogni- ‘‘(d) For purposes of any State or local law mined under applicable nonbankruptcy law. tion. imposing a tax on or measured by income, the ‘‘(2) For Federal tax purposes, the provisions ‘‘1522. Protection of creditors and other inter- taxable period of a debtor in a case under this of this section are subject to the Internal Rev- ested persons. title shall terminate only if and to the extent enue Code of 1986 and other applicable Federal ‘‘1523. Actions to avoid acts detrimental to that the taxable period of such debtor termi- nonbankruptcy law.’’. creditors. nates under the Internal Revenue Code of 1986. (b) CONFORMING AMENDMENTS.— ‘‘1524. Intervention by a foreign representative.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00165 Fmt 0688 Sfmt 6343 E:\BR00\H11OC0.006 H11OC0 22322 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘SUBCHAPTER IV—COOPERATION WITH ‘‘(1) ‘debtor’ means an entity that is the sub- ‘‘§ 1508. Interpretation FOREIGN COURTS AND FOREIGN REP- ject of a foreign proceeding; ‘‘In interpreting this chapter, the court shall RESENTATIVES ‘‘(2) ‘establishment’ means any place of oper- consider its international origin, and the need ‘‘1525. Cooperation and direct communication ations where the debtor carries out a nontransi- to promote an application of this chapter that is between the court and foreign tory economic activity; consistent with the application of similar stat- courts or foreign representatives. ‘‘(3) ‘foreign court’ means a judicial or other utes adopted by foreign jurisdictions. authority competent to control or supervise a ‘‘1526. Cooperation and direct communication ‘‘SUBCHAPTER II—ACCESS OF FOREIGN between the trustee and foreign foreign proceeding; ‘‘(4) ‘foreign main proceeding’ means a foreign REPRESENTATIVES AND CREDITORS TO courts or foreign representatives. THE COURT ‘‘1527. Forms of cooperation. proceeding taking place in the country where ‘‘§ 1509. Right of direct access ‘‘SUBCHAPTER V—CONCURRENT the debtor has the center of its main interests; PROCEEDINGS ‘‘(5) ‘foreign nonmain proceeding’ means a ‘‘(a) A foreign representative may commence a foreign proceeding, other than a foreign main case under section 1504 by filing directly with ‘‘1528. Commencement of a case under this title proceeding, taking place in a country where the the court a petition for recognition of a foreign after recognition of a foreign debtor has an establishment; proceeding under section 1515. main proceeding. ‘‘(6) ‘trustee’ includes a trustee, a debtor in ‘‘1529. Coordination of a case under this title ‘‘(b) If the court grants recognition under sec- possession in a case under any chapter of this and a foreign proceeding. tion 1515, and subject to any limitations that the ‘‘1530. Coordination of more than 1 foreign pro- title, or a debtor under chapter 9 of this title; court may impose consistent with the policy of ‘‘(7) ‘recognition’ means the entry of an order ceeding. this chapter— ‘‘1531. Presumption of insolvency based on rec- granting recognition of a foreign main pro- ‘‘(1) the foreign representative has the capac- ognition of a foreign main pro- ceeding or foreign nonmain proceeding under ity to sue and be sued in a court in the United ceeding. this chapter; and States; ‘‘1532. Rule of payment in concurrent pro- ‘‘(8) ‘within the territorial jurisdiction of the ‘‘(2) the foreign representative may apply di- ceedings. United States’, when used with reference to rectly to a court in the United States for appro- property of a debtor, refers to tangible property ‘‘§ 1501. Purpose and scope of application priate relief in that court; and located within the territory of the United States ‘‘(3) a court in the United States shall grant ‘‘(a) The purpose of this chapter is to incor- and intangible property deemed under applica- comity or cooperation to the foreign representa- porate the Model Law on Cross-Border Insol- ble nonbankruptcy law to be located within that tive. vency so as to provide effective mechanisms for territory, including any property subject to at- ‘‘(c) A request for comity or cooperation by a dealing with cases of cross-border insolvency tachment or garnishment that may properly be foreign representative in a court in the United with the objectives of— seized or garnished by an action in a Federal or States other than the court which granted rec- ‘‘(1) cooperation between— State court in the United States. ‘‘(A) United States courts, United States trust- ognition shall be accompanied by a certified ees, trustees, examiners, debtors, and debtors in ‘‘§ 1503. International obligations of the copy of an order granting recognition under sec- possession; and United States tion 1517. ‘‘(B) the courts and other competent authori- ‘‘To the extent that this chapter conflicts with ‘‘(d) If the court denies recognition under this ties of foreign countries involved in cross-border an obligation of the United States arising out of chapter, the court may issue any appropriate insolvency cases; any treaty or other form of agreement to which order necessary to prevent the foreign represent- ‘‘(2) greater legal certainty for trade and in- it is a party with one or more other countries, ative from obtaining comity or cooperation from vestment; the requirements of the treaty or agreement pre- courts in the United States. ‘‘(3) fair and efficient administration of cross- vail. ‘‘(e) Whether or not the court grants recogni- border insolvencies that protects the interests of tion, and subject to sections 306 and 1510, a for- ‘‘§ 1504. Commencement of ancillary case all creditors, and other interested entities, in- eign representative is subject to applicable non- cluding the debtor; ‘‘A case under this chapter is commenced by bankruptcy law. ‘‘(4) protection and maximization of the value the filing of a petition for recognition of a for- ‘‘(f) Notwithstanding any other provision of of the debtor’s assets; and eign proceeding under section 1515. this section, the failure of a foreign representa- ‘‘(5) facilitation of the rescue of financially ‘‘§ 1505. Authorization to act in a foreign tive to commence a case or to obtain recognition troubled businesses, thereby protecting invest- country under this chapter does not affect any right the ment and preserving employment. ‘‘A trustee or another entity (including an ex- foreign representative may have to sue in a ‘‘(b) This chapter applies where— aminer) may be authorized by the court to act in court in the United States to collect or recover ‘‘(1) assistance is sought in the United States a foreign country on behalf of an estate created a claim which is the property of the debtor. by a foreign court or a foreign representative in under section 541. An entity authorized to act ‘‘§ 1510. Limited jurisdiction connection with a foreign proceeding; under this section may act in any way permitted ‘‘(2) assistance is sought in a foreign country ‘‘The sole fact that a foreign representative by the applicable foreign law. in connection with a case under this title; files a petition under section 1515 does not sub- ‘‘(3) a foreign proceeding and a case under ‘‘§ 1506. Public policy exception ject the foreign representative to the jurisdiction this title with respect to the same debtor are tak- ‘‘Nothing in this chapter prevents the court of any court in the United States for any other ing place concurrently; or from refusing to take an action governed by this purpose. ‘‘(4) creditors or other interested persons in a chapter if the action would be manifestly con- ‘‘§ 1511. Commencement of case under section foreign country have an interest in requesting trary to the public policy of the United States. 301 or 303 the commencement of, or participating in, a case ‘‘§ 1507. Additional assistance ‘‘(a) Upon recognition, a foreign representa- or proceeding under this title. ‘‘(a) Subject to the specific limitations stated tive may commence— ‘‘(c) This chapter does not apply to— elsewhere in this chapter the court, if recogni- ‘‘(1) an involuntary case under section 303; or ‘‘(1) a proceeding concerning an entity, other ‘‘(2) a voluntary case under section 301 or 302, than a foreign insurance company, identified by tion is granted, may provide additional assist- ance to a foreign representative under this title if the foreign proceeding is a foreign main pro- exclusion in section 109(b); ceeding. ‘‘(2) an individual, or to an individual and or under other laws of the United States. ‘‘(b) The petition commencing a case under such individual’s spouse, who have debts within ‘‘(b) In determining whether to provide addi- subsection (a) must be accompanied by a cer- the limits specified in section 109(e) and who are tional assistance under this title or under other tified copy of an order granting recognition. The citizens of the United States or aliens lawfully laws of the United States, the court shall con- court where the petition for recognition has admitted for permanent residence in the United sider whether such additional assistance, con- been filed must be advised of the foreign rep- States; or sistent with the principles of comity, will rea- resentative’s intent to commence a case under ‘‘(3) an entity subject to a proceeding under sonably assure— subsection (a) prior to such commencement. the Securities Investor Protection Act of 1970, a ‘‘(1) just treatment of all holders of claims stockbroker subject to subchapter III of chapter against or interests in the debtor’s property; ‘‘§ 1512. Participation of a foreign representa- 7 of this title, or a commodity broker subject to ‘‘(2) protection of claim holders in the United tive in a case under this title subchapter IV of chapter 7 of this title. States against prejudice and inconvenience in ‘‘Upon recognition of a foreign proceeding, ‘‘(d) The court may not grant relief under this the processing of claims in such foreign pro- the foreign representative in the recognized pro- chapter with respect to any deposit, escrow, ceeding; ceeding is entitled to participate as a party in ‘‘(3) prevention of preferential or fraudulent trust fund, or other security required or per- interest in a case regarding the debtor under dispositions of property of the debtor; mitted under any applicable State insurance law this title. ‘‘(4) distribution of proceeds of the debtor’s or regulation for the benefit of claim holders in property substantially in accordance with the ‘‘§ 1513. Access of foreign creditors to a case the United States. order prescribed by this title; and under this title ‘‘SUBCHAPTER I—GENERAL PROVISIONS ‘‘(5) if appropriate, the provision of an oppor- ‘‘(a) Foreign creditors have the same rights re- ‘‘§ 1502. Definitions tunity for a fresh start for the individual that garding the commencement of, and participation ‘‘For the purposes of this chapter, the term— such foreign proceeding concerns. in, a case under this title as domestic creditors.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00166 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22323 ‘‘(b)(1) Subsection (a) does not change or cod- section 101) and that the person or body is a for- ‘‘(c) It is a ground for denial of relief under ify present law as to the priority of claims under eign representative (as defined in section 101), this section that such relief would interfere with section 507 or 726 of this title, except that the the court is entitled to so presume. the administration of a foreign main proceeding. claim of a foreign creditor under those sections ‘‘(b) The court is entitled to presume that doc- ‘‘(d) The court may not enjoin a police or reg- shall not be given a lower priority than that of uments submitted in support of the petition for ulatory act of a governmental unit, including a general unsecured claims without priority solely recognition are authentic, whether or not they criminal action or proceeding, under this sec- because the holder of such claim is a foreign have been legalized. tion. creditor. ‘‘(c) In the absence of evidence to the con- ‘‘(e) The standards, procedures, and limita- ‘‘(2)(A) Subsection (a) and paragraph (1) do trary, the debtor’s registered office, or habitual tions applicable to an injunction shall apply to not change or codify present law as to the al- residence in the case of an individual, is pre- relief under this section. lowability of foreign revenue claims or other for- sumed to be the center of the debtor’s main in- ‘‘(f) The exercise of rights not subject to the eign public law claims in a proceeding under terests. stay arising under section 362(a) pursuant to this title. ‘‘§ 1517. Order granting recognition paragraph (6), (7), (17), or (28) of section 362(b) ‘‘(B) Allowance and priority as to a foreign ‘‘(a) Subject to section 1506, after notice and or pursuant to section 362(l) shall not be stayed tax claim or other foreign public law claim shall a hearing, an order recognizing a foreign pro- by any order of a court or administrative agency be governed by any applicable tax treaty of the ceeding shall be entered if— in any proceeding under this chapter. United States, under the conditions and cir- ‘‘(1) the foreign proceeding for which recogni- ‘‘§ 1520. Effects of recognition of a foreign tion is sought is a foreign main proceeding or cumstances specified therein. main proceeding foreign nonmain proceeding within the meaning ‘‘§ 1514. Notification to foreign creditors con- ‘‘(a) Upon recognition of a foreign proceeding cerning a case under this title of section 1502; ‘‘(2) the foreign representative applying for that is a foreign main proceeding— ‘‘(a) Whenever in a case under this title notice recognition is a person or body as defined in ‘‘(1) sections 361 and 362 apply with respect to is to be given to creditors generally or to any section 101; and the debtor and that property of the debtor that class or category of creditors, such notice shall ‘‘(3) the petition meets the requirements of sec- is within the territorial jurisdiction of the also be given to the known creditors generally, tion 1515. United States; or to creditors in the notified class or category, ‘‘(b) The foreign proceeding shall be recog- ‘‘(2) sections 363, 549, and 552 of this title that do not have addresses in the United States. nized— apply to a transfer of an interest of the debtor The court may order that appropriate steps be ‘‘(1) as a foreign main proceeding if it is tak- in property that is within the territorial juris- taken with a view to notifying any creditor ing place in the country where the debtor has diction of the United States to the same extent whose address is not yet known. the center of its main interests; or that the sections would apply to property of an ‘‘(b) Such notification to creditors with for- ‘‘(2) as a foreign nonmain proceeding if the estate; eign addresses described in subsection (a) shall debtor has an establishment within the meaning ‘‘(3) unless the court orders otherwise, the for- be given individually, unless the court considers of section 1502 in the foreign country where the eign representative may operate the debtor’s that, under the circumstances, some other form proceeding is pending. business and may exercise the rights and powers of notification would be more appropriate. No ‘‘(c) A petition for recognition of a foreign of a trustee under and to the extent provided by letter or other formality is required. proceeding shall be decided upon at the earliest sections 363 and 552; and ‘‘(c) When a notification of commencement of possible time. Entry of an order recognizing a ‘‘(4) section 552 applies to property of the a case is to be given to foreign creditors, the no- foreign proceeding constitutes recognition under debtor that is within the territorial jurisdiction tification shall— this chapter. of the United States. ‘‘(d) The provisions of this subchapter do not ‘‘(1) indicate the time period for filing proofs ‘‘(b) Subsection (a) does not affect the right to prevent modification or termination of recogni- of claim and specify the place for their filing; commence an individual action or proceeding in tion if it is shown that the grounds for granting ‘‘(2) indicate whether secured creditors need a foreign country to the extent necessary to pre- it were fully or partially lacking or have ceased to file their proofs of claim; and serve a claim against the debtor. to exist, but in considering such action the court ‘‘(3) contain any other information required to ‘‘(c) Subsection (a) does not affect the right of shall give due weight to possible prejudice to be included in such a notification to creditors a foreign representative or an entity to file a pe- parties that have relied upon the order granting under this title and the orders of the court. tition commencing a case under this title or the recognition. The case under this chapter may be ‘‘(d) Any rule of procedure or order of the right of any party to file claims or take other closed in the manner prescribed under section court as to notice or the filing of a claim shall proper actions in such a case. provide such additional time to creditors with 350. foreign addresses as is reasonable under the cir- ‘‘§ 1518. Subsequent information ‘‘§ 1521. Relief that may be granted upon rec- ognition cumstances. ‘‘From the time of filing the petition for rec- ‘‘SUBCHAPTER III—RECOGNITION OF A ognition of the foreign proceeding, the foreign ‘‘(a) Upon recognition of a foreign proceeding, FOREIGN PROCEEDING AND RELIEF representative shall file with the court promptly whether main or nonmain, where necessary to effectuate the purpose of this chapter and to ‘‘§ 1515. Application for recognition a notice of change of status concerning— ‘‘(1) any substantial change in the status of protect the assets of the debtor or the interests ‘‘(a) A foreign representative applies to the the foreign proceeding or the status of the for- of the creditors, the court may, at the request of court for recognition of the foreign proceeding eign representative’s appointment; and the foreign representative, grant any appro- in which the foreign representative has been ap- ‘‘(2) any other foreign proceeding regarding priate relief, including— pointed by filing a petition for recognition. the debtor that becomes known to the foreign ‘‘(1) staying the commencement or continu- ‘‘(b) A petition for recognition shall be accom- representative. ation of an individual action or proceeding con- panied by— cerning the debtor’s assets, rights, obligations or ‘‘(1) a certified copy of the decision com- ‘‘§ 1519. Relief that may be granted upon fil- ing petition for recognition liabilities to the extent they have not been mencing the foreign proceeding and appointing stayed under section 1520(a); the foreign representative; ‘‘(a) From the time of filing a petition for rec- ognition until the court rules on the petition, ‘‘(2) staying execution against the debtor’s as- ‘‘(2) a certificate from the foreign court af- sets to the extent it has not been stayed under firming the existence of the foreign proceeding the court may, at the request of the foreign rep- resentative, where relief is urgently needed to section 1520(a); and of the appointment of the foreign represent- ‘‘(3) suspending the right to transfer, encum- ative; or protect the assets of the debtor or the interests of the creditors, grant relief of a provisional na- ber or otherwise dispose of any assets of the ‘‘(3) in the absence of evidence referred to in debtor to the extent this right has not been sus- paragraphs (1) and (2), any other evidence ac- ture, including— ‘‘(1) staying execution against the debtor’s as- pended under section 1520(a); ceptable to the court of the existence of the for- ‘‘(4) providing for the examination of wit- eign proceeding and of the appointment of the sets; ‘‘(2) entrusting the administration or realiza- nesses, the taking of evidence or the delivery of foreign representative. information concerning the debtor’s assets, af- ‘‘(c) A petition for recognition shall also be tion of all or part of the debtor’s assets located in the United States to the foreign representa- fairs, rights, obligations or liabilities; accompanied by a statement identifying all for- ‘‘(5) entrusting the administration or realiza- eign proceedings with respect to the debtor that tive or another person authorized by the court, including an examiner, in order to protect and tion of all or part of the debtor’s assets within are known to the foreign representative. the territorial jurisdiction of the United States ‘‘(d) The documents referred to in paragraphs preserve the value of assets that, by their nature to the foreign representative or another person, (1) and (2) of subsection (b) shall be translated or because of other circumstances, are perish- including an examiner, authorized by the court; into English. The court may require a trans- able, susceptible to devaluation or otherwise in ‘‘(6) extending relief granted under section lation into English of additional documents. jeopardy; and ‘‘(3) any relief referred to in paragraph (3), 1519(a); and ‘‘§ 1516. Presumptions concerning recognition (4), or (7) of section 1521(a). ‘‘(7) granting any additional relief that may ‘‘(a) If the decision or certificate referred to in ‘‘(b) Unless extended under section 1521(a)(6), be available to a trustee, except for relief avail- section 1515(b) indicates that the foreign pro- the relief granted under this section terminates able under sections 522, 544, 545, 547, 548, 550, ceeding is a foreign proceeding (as defined in when the petition for recognition is granted. and 724(a).

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00167 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 22324 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘(b) Upon recognition of a foreign proceeding, ance directly from, foreign courts or foreign rep- ‘‘(3) In granting, extending, or modifying re- whether main or nonmain, the court may, at the resentatives, subject to the rights of parties in lief granted to a representative of a foreign request of the foreign representative, entrust the interest to notice and participation. nonmain proceeding, the court must be satisfied distribution of all or part of the debtor’s assets ‘‘§ 1526. Cooperation and direct communica- that the relief relates to assets that, under the located in the United States to the foreign rep- tion between the trustee and foreign courts laws of the United States, should be adminis- resentative or another person, including an ex- or foreign representatives tered in the foreign nonmain proceeding or con- aminer, authorized by the court, provided that cerns information required in that proceeding. ‘‘(a) Consistent with section 1501, the trustee the court is satisfied that the interests of credi- ‘‘(4) In achieving cooperation and coordina- or other person, including an examiner, author- tors in the United States are sufficiently pro- tion under sections 1528 and 1529, the court may ized by the court, shall, subject to the super- tected. grant any of the relief authorized under section vision of the court, cooperate to the maximum ‘‘(c) In granting relief under this section to a 305. extent possible with foreign courts or foreign representative of a foreign nonmain proceeding, representatives. ‘‘§ 1530. Coordination of more than 1 foreign the court must be satisfied that the relief relates ‘‘(b) The trustee or other person, including an proceeding to assets that, under the law of the United examiner, authorized by the court is entitled, ‘‘In matters referred to in section 1501, with States, should be administered in the foreign subject to the supervision of the court, to com- respect to more than 1 foreign proceeding re- nonmain proceeding or concerns information re- municate directly with foreign courts or foreign garding the debtor, the court shall seek coopera- quired in that proceeding. tion and coordination under sections 1525, 1526, ‘‘(d) The court may not enjoin a police or reg- representatives. and 1527, and the following shall apply: ulatory act of a governmental unit, including a ‘‘§ 1527. Forms of cooperation ‘‘(1) Any relief granted under section 1519 or criminal action or proceeding, under this sec- ‘‘Cooperation referred to in sections 1525 and 1521 to a representative of a foreign nonmain tion. 1526 may be implemented by any appropriate proceeding after recognition of a foreign main ‘‘(e) The standards, procedures, and limita- means, including— proceeding must be consistent with the foreign tions applicable to an injunction shall apply to ‘‘(1) appointment of a person or body, includ- main proceeding. relief under paragraphs (1), (2), (3), and (6) of ing an examiner, to act at the direction of the ‘‘(2) If a foreign main proceeding is recognized subsection (a). court; after recognition, or after the filing of a petition ‘‘(f) The exercise of rights not subject to the ‘‘(2) communication of information by any for recognition, of a foreign nonmain pro- stay arising under section 362(a) pursuant to means considered appropriate by the court; ceeding, any relief in effect under section 1519 paragraph (6), (7), (17), or (28) of section 362(b) ‘‘(3) coordination of the administration and or 1521 shall be reviewed by the court and shall or pursuant to section 362(l) shall not be stayed supervision of the debtor’s assets and affairs; be modified or terminated if inconsistent with by any order of a court or administrative agency ‘‘(4) approval or implementation of agreements the foreign main proceeding. in any proceeding under this chapter. concerning the coordination of proceedings; and ‘‘(3) If, after recognition of a foreign nonmain ‘‘§ 1522. Protection of creditors and other in- ‘‘(5) coordination of concurrent proceedings proceeding, another foreign nonmain proceeding terested persons regarding the same debtor. is recognized, the court shall grant, modify, or ‘‘(a) The court may grant relief under section ‘‘SUBCHAPTER V—CONCURRENT terminate relief for the purpose of facilitating 1519 or 1521, or may modify or terminate relief PROCEEDINGS coordination of the proceedings. under subsection (c), only if the interests of the ‘‘§ 1528. Commencement of a case under this ‘‘§ 1531. Presumption of insolvency based on creditors and other interested entities, including title after recognition of a foreign main pro- recognition of a foreign main proceeding the debtor, are sufficiently protected. ceeding ‘‘(b) The court may subject relief granted ‘‘In the absence of evidence to the contrary, under section 1519 or 1521, or the operation of ‘‘After recognition of a foreign main pro- recognition of a foreign main proceeding is, for the debtor’s business under section 1520(a)(3) of ceeding, a case under another chapter of this the purpose of commencing a proceeding under this title, to conditions it considers appropriate, title may be commenced only if the debtor has section 303, proof that the debtor is generally including the giving of security or the filing of assets in the United States. The effects of such not paying its debts as such debts become due. a bond. case shall be restricted to the assets of the debt- ‘‘§ 1532. Rule of payment in concurrent pro- ‘‘(c) The court may, at the request of the for- or that are within the territorial jurisdiction of ceedings the United States and, to the extent necessary to eign representative or an entity affected by re- ‘‘Without prejudice to secured claims or rights implement cooperation and coordination under lief granted under section 1519 or 1521, or at its in rem, a creditor who has received payment sections 1525, 1526, and 1527, to other assets of own motion, modify or terminate such relief. with respect to its claim in a foreign proceeding the debtor that are within the jurisdiction of the ‘‘(d) Section 1104(d) shall apply to the ap- pursuant to a law relating to insolvency may court under sections 541(a) of this title, and pointment of an examiner under this chapter. not receive a payment for the same claim in a 1334(e) of title 28, to the extent that such other Any examiner shall comply with the qualifica- case under any other chapter of this title re- assets are not subject to the jurisdiction and tion requirements imposed on a trustee by sec- garding the debtor, so long as the payment to control of a foreign proceeding that has been tion 322. other creditors of the same class is proportion- recognized under this chapter. ‘‘§ 1523. Actions to avoid acts detrimental to ately less than the payment the creditor has al- creditors ‘‘§ 1529. Coordination of a case under this title ready received.’’. ‘‘(a) Upon recognition of a foreign proceeding, and a foreign proceeding (b) CLERICAL AMENDMENT.—The table of the foreign representative has standing in a case ‘‘If a foreign proceeding and a case under an- chapters for title 11, United States Code, is concerning the debtor pending under another other chapter of this title are taking place con- amended by inserting after the item relating to chapter of this title to initiate actions under sec- currently regarding the same debtor, the court chapter 13 the following: tions 522, 544, 545, 547, 548, 550, 553, and 724(a). shall seek cooperation and coordination under ‘‘15. Ancillary and Other Cross-Border ‘‘(b) When the foreign proceeding is a foreign sections 1525, 1526, and 1527, and the following Cases ...... 1501’’. nonmain proceeding, the court must be satisfied shall apply: SEC. 802. OTHER AMENDMENTS TO TITLES 11 AND that an action under subsection (a) relates to ‘‘(1) If the case in the United States is taking 28, UNITED STATES CODE. assets that, under United States law, should be place at the time the petition for recognition of (a) APPLICABILITY OF CHAPTERS.—Section 103 administered in the foreign nonmain proceeding. the foreign proceeding is filed— of title 11, United States Code, is amended— ‘‘§ 1524. Intervention by a foreign representa- ‘‘(A) any relief granted under sections 1519 or (1) in subsection (a), by inserting before the tive 1521 must be consistent with the relief granted period the following: ‘‘, and this chapter, sec- in the case in the United States; and ‘‘Upon recognition of a foreign proceeding, tions 307, 362(l), 555 through 557, and 559 ‘‘(B) even if the foreign proceeding is recog- the foreign representative may intervene in any through 562 apply in a case under chapter 15’’; nized as a foreign main proceeding, section 1520 proceedings in a State or Federal court in the and does not apply. United States in which the debtor is a party. (2) by adding at the end the following: ‘‘(2) If a case in the United States under this ‘‘(j) Chapter 15 applies only in a case under ‘‘SUBCHAPTER IV—COOPERATION WITH title commences after recognition, or after the such chapter, except that— FOREIGN COURTS AND FOREIGN REP- filing of the petition for recognition, of the for- ‘‘(1) sections 1505, 1513, and 1514 apply in all RESENTATIVES eign proceeding— cases under this title; and ‘‘§ 1525. Cooperation and direct communica- ‘‘(A) any relief in effect under sections 1519 or ‘‘(2) section 1509 applies whether or not a case tion between the court and foreign courts or 1521 shall be reviewed by the court and shall be under this title is pending.’’. foreign representatives modified or terminated if inconsistent with the (b) DEFINITIONS.—Section 101 of title 11, ‘‘(a) Consistent with section 1501, the court case in the United States; and United States Code, is amended by striking shall cooperate to the maximum extent possible ‘‘(B) if the foreign proceeding is a foreign paragraphs (23) and (24) and inserting the fol- with foreign courts or foreign representatives, main proceeding, the stay and suspension re- lowing: either directly or through the trustee. ferred to in section 1520(a) shall be modified or ‘‘(23) ‘foreign proceeding’ means a collective ‘‘(b) The court is entitled to communicate di- terminated if inconsistent with the relief grant- judicial or administrative proceeding in a for- rectly with, or to request information or assist- ed in the case in the United States. eign country, including an interim proceeding,

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00168 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22325 under a law relating to insolvency or adjust- TITLE IX—FINANCIAL CONTRACT ‘‘(III) with respect to a leverage transaction ment of debt in which proceeding the assets and PROVISIONS merchant, a leverage transaction; affairs of the debtor are subject to control or su- SEC. 901. TREATMENT OF CERTAIN AGREEMENTS ‘‘(IV) with respect to a clearing organization, pervision by a foreign court, for the purpose of BY CONSERVATORS OR RECEIVERS a contract for the purchase or sale of a com- reorganization or liquidation; OF INSURED DEPOSITORY INSTITU- modity for future delivery on, or subject to the ‘‘(24) ‘foreign representative’ means a person TIONS. rules of, a contract market or board of trade or body, including a person or body appointed (a) DEFINITION OF QUALIFIED FINANCIAL CON- that is cleared by such clearing organization, or on an interim basis, authorized in a foreign pro- TRACT.—Section 11(e)(8)(D)(i) of the Federal De- commodity option traded on, or subject to the ceeding to administer the reorganization or the posit Insurance Act (12 U.S.C. 1821(e)(8)(D)(i)) rules of, a contract market or board of trade liquidation of the debtor’s assets or affairs or to is amended by inserting ‘‘, resolution, or order’’ that is cleared by such clearing organization; act as a representative of the foreign pro- after ‘‘any similar agreement that the Corpora- ‘‘(V) with respect to a commodity options ceeding;’’. tion determines by regulation’’. dealer, a commodity option; (c) AMENDMENTS TO TITLE 28, UNITED STATES (b) DEFINITION OF SECURITIES CONTRACT.— ‘‘(VI) any other agreement or transaction that CODE.— Section 11(e)(8)(D)(ii) of the Federal Deposit In- is similar to any agreement or transaction re- (1) PROCEDURES.—Section 157(b)(2) of title 28, surance Act (12 U.S.C. 1821(e)(8)(D)(ii)) is ferred to in this clause; United States Code, is amended— amended to read as follows: ‘‘(VII) any combination of the agreements or (A) in subparagraph (N), by striking ‘‘and’’ at ‘‘(ii) SECURITIES CONTRACT.—The term ‘securi- transactions referred to in this clause; the end; ties contract’— ‘‘(VIII) any option to enter into any agree- (B) in subparagraph (O), by striking the pe- ‘‘(I) means a contract for the purchase, sale, ment or transaction referred to in this clause; riod at the end and inserting ‘‘; and’’; and or loan of a security, a certificate of deposit, a ‘‘(IX) a master agreement that provides for an (C) by adding at the end the following: mortgage loan, or any interest in a mortgage agreement or transaction referred to in sub- ‘‘(P) recognition of foreign proceedings and loan, a group or index of securities, certificates clause (I), (II), (III), (IV), (V), (VI), (VII), or other matters under chapter 15 of title 11.’’. of deposit, or mortgage loans or interests therein (VIII), together with all supplements to any (2) BANKRUPTCY CASES AND PROCEEDINGS.— (including any interest therein or based on the such master agreement, without regard to Section 1334(c) of title 28, United States Code, is value thereof) or any option on any of the fore- whether the master agreement provides for an amended by striking ‘‘Nothing in’’ and inserting going, including any option to purchase or sell agreement or transaction that is not a com- ‘‘Except with respect to a case under chapter 15 any such security, certificate of deposit, loan, modity contract under this clause, except that of title 11, nothing in’’. interest, group or index, or option; the master agreement shall be considered to be a (3) DUTIES OF TRUSTEES.—Section 586(a)(3) of ‘‘(II) does not include any purchase, sale, or commodity contract under this clause only with title 28, United States Code, is amended by strik- repurchase obligation under a participation in a respect to each agreement or transaction under ing ‘‘or 13’’ and inserting ‘‘13, or 15,’’. commercial mortgage loan unless the Corpora- the master agreement that is referred to in sub- (4) VENUE OF CASES ANCILLARY TO FOREIGN tion determines by regulation, resolution, or clause (I), (II), (III), (IV), (V), (VI), (VII), or PROCEEDINGS.—Section 1410 of title 28, United order to include any such agreement within the (VIII); or States Code, is amended to read as follows: meaning of such term; ‘‘(X) any security agreement or arrangement ‘‘(III) means any option entered into on a na- ‘‘§ 1410. Venue of cases ancillary to foreign or other credit enhancement related to any tional securities exchange relating to foreign proceedings agreement or transaction referred to in this currencies; clause.’’. ‘‘A case under chapter 15 of title 11 may be ‘‘(IV) means the guarantee by or to any secu- (d) DEFINITION OF FORWARD CONTRACT.—Sec- commenced in the district court for the district— rities clearing agency of any settlement of cash, tion 11(e)(8)(D)(iv) of the Federal Deposit Insur- ‘‘(1) in which the debtor has its principal securities, certificates of deposit, mortgage loans ance Act (12 U.S.C. 1821(e)(8)(D)(iv)) is amended place of business or principal assets in the or interests therein, group or index of securities, to read as follows: United States; certificates of deposit, or mortgage loans or in- ‘‘(iv) FORWARD CONTRACT.—The term ‘forward ‘‘(2) if the debtor does not have a place of terests therein (including any interest therein or contract’ means— business or assets in the United States, in which based on the value thereof) or option on any of ‘‘(I) a contract (other than a commodity con- there is pending against the debtor an action or the foregoing, including any option to purchase tract) for the purchase, sale, or transfer of a proceeding in a Federal or State court; or or sell any such security, certificate of deposit, commodity or any similar good, article, service, ‘‘(3) in a case other than those specified in loan, interest, group or index or option; right, or interest which is presently or in the fu- paragraph (1) or (2), in which venue will be con- ‘‘(V) means any margin loan; sistent with the interests of justice and the con- ‘‘(VI) means any other agreement or trans- ture becomes the subject of dealing in the for- venience of the parties, having regard to the re- action that is similar to any agreement or trans- ward contract trade, or product or byproduct lief sought by the foreign representative.’’. action referred to in this clause; thereof, with a maturity date more than 2 days (d) OTHER SECTIONS OF TITLE 11.— ‘‘(VII) means any combination of the agree- after the date the contract is entered into, in- (1) Section 109(b)(3) of title 11, United States ments or transactions referred to in this clause; cluding, a repurchase transaction, reverse re- Code, is amended to read as follows: ‘‘(VIII) means any option to enter into any purchase transaction, consignment, lease, swap, ‘‘(3)(A) a foreign insurance company, engaged agreement or transaction referred to in this hedge transaction, deposit, loan, option, allo- in such business in the United States; or clause; cated transaction, unallocated transaction, or ‘‘(B) a foreign bank, savings bank, coopera- ‘‘(IX) means a master agreement that provides any other similar agreement; tive bank, savings and loan association, build- for an agreement or transaction referred to in ‘‘(II) any combination of agreements or trans- ing and loan association, or credit union, that subclause (I), (III), (IV), (V), (VI), (VII), or actions referred to in subclauses (I) and (III); has a branch or agency (as defined in section (VIII), together with all supplements to any ‘‘(III) any option to enter into any agreement 1(b) of the International Banking Act of 1978 (12 such master agreement, without regard to or transaction referred to in subclause (I) or U.S.C. 3101) in the United States.’’. whether the master agreement provides for an (II); (2) Section 303(k) of title 11, United States agreement or transaction that is not a securities ‘‘(IV) a master agreement that provides for an Code, is repealed. contract under this clause, except that the mas- agreement or transaction referred to in sub- (3)(A) Section 304 of title 11, United States ter agreement shall be considered to be a securi- clauses (I), (II), or (III), together with all sup- Code, is repealed. ties contract under this clause only with respect plements to any such master agreement, without (B) The table of sections at the beginning of to each agreement or transaction under the mas- regard to whether the master agreement pro- chapter 3 of title 11, United States Code, is ter agreement that is referred to in subclause (I), vides for an agreement or transaction that is not amended by striking the item relating to section (III), (IV), (V), (VI), (VII), or (VIII); and a forward contract under this clause, except 304. ‘‘(X) means any security agreement or ar- that the master agreement shall be considered to (C) Section 306 of title 11, United States Code, rangement or other credit enhancement related be a forward contract under this clause only is amended by striking ‘‘, 304,’’ each place it ap- to any agreement or transaction referred to in with respect to each agreement or transaction pears. this clause.’’. under the master agreement that is referred to (4) Section 305(a)(2) of title 11, United States (c) DEFINITION OF COMMODITY CONTRACT.— in subclause (I), (II), or (III); or Code, is amended to read as follows: Section 11(e)(8)(D)(iii) of the Federal Deposit In- ‘‘(V) any security agreement or arrangement ‘‘(2)(A) a petition under section 1515 of this surance Act (12 U.S.C. 1821(e)(8)(D)(iii)) is or other credit enhancement related to any title for recognition of a foreign proceeding has amended to read as follows: agreement or transaction referred to in sub- been granted; and ‘‘(iii) COMMODITY CONTRACT.—The term ‘com- clause (I), (II), (III), or (IV).’’. ‘‘(B) the purposes of chapter 15 of this title modity contract’ means— (e) DEFINITION OF REPURCHASE AGREEMENT.— would be best served by such dismissal or sus- ‘‘(I) with respect to a futures commission mer- Section 11(e)(8)(D)(v) of the Federal Deposit In- pension.’’. chant, a contract for the purchase or sale of a surance Act (12 U.S.C. 1821(e)(8)(D)(v)) is (5) Section 508 of title 11, United States Code, commodity for future delivery on, or subject to amended to read as follows: is amended— the rules of, a contract market or board of trade; ‘‘(v) REPURCHASE AGREEMENT.—The term ‘re- (A) by striking subsection (a); and ‘‘(II) with respect to a foreign futures commis- purchase agreement’ (which definition also ap- (B) in subsection (b), by striking ‘‘(b)’’. sion merchant, a foreign future; plies to a reverse repurchase agreement)—

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00169 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 22326 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘(I) means an agreement, including related market (including terms and conditions incor- SEC. 902. AUTHORITY OF THE CORPORATION terms, which provides for the transfer of one or porated by reference in such agreement) and WITH RESPECT TO FAILED AND FAIL- more certificates of deposit, mortgage-related se- that is a forward, swap, future, or option on ING INSTITUTIONS. curities (as such term is defined in the Securities one or more rates, currencies, commodities, eq- (a) IN GENERAL.—Section 11(e)(8) of the Fed- Exchange Act of 1934), mortgage loans, interests uity securities or other equity instruments, debt eral Deposit Insurance Act (12 U.S.C. 1821(e)(8)) in mortgage-related securities or mortgage loans, securities or other debt instruments, or economic is amended— eligible bankers’ acceptances, qualified foreign indices or measures of economic risk or value; (1) in subparagraph (E), by striking ‘‘other government securities or securities that are di- ‘‘(III) any combination of agreements or than paragraph (12) of this subsection, sub- rect obligations of, or that are fully guaranteed transactions referred to in this clause; section (d)(9)’’ and inserting ‘‘other than sub- by, the United States or any agency of the ‘‘(IV) any option to enter into any agreement sections (d)(9) and (e)(10)’’; and United States against the transfer of funds by or transaction referred to in this clause; (2) by adding at the end the following new the transferee of such certificates of deposit, eli- ‘‘(V) a master agreement that provides for an subparagraphs: ‘‘(F) CLARIFICATION.—No provision of law gible bankers’ acceptances, securities, loans, or agreement or transaction referred to in sub- shall be construed as limiting the right or power interests with a simultaneous agreement by such clause (I), (II), (III), or (IV), together with all of the Corporation, or authorizing any court or transferee to transfer to the transferor thereof supplements to any such master agreement, agency to limit or delay, in any manner, the certificates of deposit, eligible bankers’ accept- without regard to whether the master agreement right or power of the Corporation to transfer ances, securities, loans, or interests as described contains an agreement or transaction that is not any qualified financial contract in accordance above, at a date certain not later than 1 year a swap agreement under this clause, except that with paragraphs (9) and (10) of this subsection after such transfers or on demand, against the the master agreement shall be considered to be a or to disaffirm or repudiate any such contract in transfer of funds, or any other similar agree- swap agreement under this clause only with re- accordance with subsection (e)(1) of this section. ment; spect to each agreement or transaction under ‘‘(G) WALKAWAY CLAUSES NOT EFFECTIVE.— ‘‘(II) does not include any repurchase obliga- the master agreement that is referred to in sub- ‘‘(i) IN GENERAL.—Notwithstanding the provi- tion under a participation in a commercial mort- clause (I), (II), (III), or (IV); and sions of subparagraphs (A) and (E), and sec- gage loan unless the Corporation determines by ‘‘(VI) any security agreement or arrangement tions 403 and 404 of the Federal Deposit Insur- regulation, resolution, or order to include any or other credit enhancement related to any ance Corporation Improvement Act of 1991, no such participation within the meaning of such agreements or transactions referred to in sub- walkaway clause shall be enforceable in a quali- term; paragraph (I), (II), (III), (IV), or (V). fied financial contract of an insured depository ‘‘(III) means any combination of agreements Such term is applicable for purposes of this title institution in default. or transactions referred to in subclauses (I) and only and shall not be construed or applied so as ‘‘(ii) WALKAWAY CLAUSE DEFINED.—For pur- (IV); to challenge or affect the characterization, defi- poses of this subparagraph, the term ‘walkaway ‘‘(IV) means any option to enter into any nition, or treatment of any swap agreement clause’ means a provision in a qualified finan- agreement or transaction referred to in sub- under any other statute, regulation, or rule, in- cial contract that, after calculation of a value of clause (I) or (III); cluding the Securities Act of 1933, the Securities a party’s position or an amount due to or from ‘‘(V) means a master agreement that provides Exchange Act of 1934, the Public Utility Holding 1 of the parties in accordance with its terms for an agreement or transaction referred to in Company Act of 1935, the Trust Indenture Act upon termination, liquidation, or acceleration of subclause (I), (III), or (IV), together with all of 1939, the Investment Company Act of 1940, the qualified financial contract, either does not supplements to any such master agreement, the Investment Advisers Act of 1940, the Securi- create a payment obligation of a party or extin- without regard to whether the master agreement ties Investor Protection Act of 1970, the Com- guishes a payment obligation of a party in provides for an agreement or transaction that is modity Exchange Act, and the regulations pro- whole or in part solely because of such party’s not a repurchase agreement under this clause, mulgated by the Securities and Exchange Com- status as a nondefaulting party.’’. except that the master agreement shall be con- mission or the Commodity Futures Trading Com- (b) TECHNICAL AND CONFORMING AMEND- sidered to be a repurchase agreement under this mission.’’. MENT.—Section 11(e)(12)(A) of the Federal De- subclause only with respect to each agreement (g) DEFINITION OF TRANSFER.—Section posit Insurance Act (12 U.S.C. 1821(e)(12)(A)) is or transaction under the master agreement that 11(e)(8)(D)(viii) of the Federal Deposit Insur- amended by inserting ‘‘or the exercise of rights is referred to in subclause (I), (III), or (IV); and ance Act (12 U.S.C. 1821(e)(8)(D)(viii)) is amend- or powers by’’ after ‘‘the appointment of’’. ‘‘(VI) means any security agreement or ar- ed to read as follows: rangement or other credit enhancement related SEC. 903. AMENDMENTS RELATING TO TRANS- ‘‘(viii) TRANSFER.—The term ‘transfer’ means FERS OF QUALIFIED FINANCIAL to any agreement or transaction referred to in every mode, direct or indirect, absolute or condi- CONTRACTS. subclause (I), (III), (IV), or (V). tional, voluntary or involuntary, of disposing of (a) TRANSFERS OF QUALIFIED FINANCIAL CON- For purposes of this clause, the term ‘qualified or parting with property or with an interest in TRACTS TO FINANCIAL INSTITUTIONS.—Section foreign government security’ means a security property, including retention of title as a secu- 11(e)(9) of the Federal Deposit Insurance Act (12 that is a direct obligation of, or that is fully rity interest and foreclosure of the depository U.S.C. 1821(e)(9)) is amended to read as follows: guaranteed by, the central government of a institutions’s equity of redemption.’’. ‘‘(9) TRANSFER OF QUALIFIED FINANCIAL CON- member of the Organization for Economic Co- (h) TREATMENT OF QUALIFIED FINANCIAL CON- TRACTS.— operation and Development (as determined by TRACTS.—Section 11(e)(8) of the Federal Deposit ‘‘(A) IN GENERAL.—In making any transfer of regulation or order adopted by the appropriate Insurance Act (12 U.S.C. 1821(e)(8)) is amend- assets or liabilities of a depository institution in Federal banking authority).’’. ed— default which includes any qualified financial (f) DEFINITION OF SWAP AGREEMENT.—Section (1) in subparagraph (A)— contract, the conservator or receiver for such de- 11(e)(8)(D)(vi) of the Federal Deposit Insurance (A) by striking ‘‘paragraph (10)’’ and insert- pository institution shall either— Act (12 U.S.C. 1821(e)(8)(D)(vi)) is amended to ing ‘‘paragraphs (9) and (10)’’; ‘‘(i) transfer to one financial institution, other read as follows: (B) in clause (i), by striking ‘‘to cause the ter- than a financial institution for which a conser- ‘‘(vi) SWAP AGREEMENT.—The term ‘swap mination or liquidation’’ and inserting ‘‘such vator, receiver, trustee in bankruptcy, or other agreement’ means— person has to cause the termination, liquida- legal custodian has been appointed or which is ‘‘(I) any agreement, including the terms and tion, or acceleration’’; and otherwise the subject of a bankruptcy or insol- conditions incorporated by reference in any (C) by striking clause (ii) and inserting the vency proceeding— such agreement, which is an interest rate swap, following: ‘‘(I) all qualified financial contracts between option, future, or forward agreement, including ‘‘(ii) any right under any security agreement any person or any affiliate of such person and a rate floor, rate cap, rate collar, cross-currency or arrangement or other credit enhancement re- the depository institution in default; rate swap, and basis swap; a spot, same day-to- lated to one or more qualified financial con- ‘‘(II) all claims of such person or any affiliate morrow, tomorrow-next, forward, or other for- tracts described in clause (i);’’; and of such person against such depository institu- eign exchange or precious metals agreement; a (2) in subparagraph (E), by striking clause (ii) tion under any such contract (other than any currency swap, option, future, or forward agree- and inserting the following: claim which, under the terms of any such con- ment; an equity index or equity swap, option, ‘‘(ii) any right under any security agreement tract, is subordinated to the claims of general future, or forward agreement; a debt index or or arrangement or other credit enhancement re- unsecured creditors of such institution); debt swap, option, future, or forward agree- lated to one or more qualified financial con- ‘‘(III) all claims of such depository institution ment; a credit spread or credit swap, option, fu- tracts described in clause (i);’’. against such person or any affiliate of such per- ture, or forward agreement; a commodity index (i) AVOIDANCE OF TRANSFERS.—Section son under any such contract; and or commodity swap, option, future, or forward 11(e)(8)(C)(i) of the Federal Deposit Insurance ‘‘(IV) all property securing or any other credit agreement; or a weather swap, weather deriva- Act (12 U.S.C. 1821(e)(8)(C)(i)) is amended by in- enhancement for any contract described in sub- tive, or weather option; serting ‘‘section 5242 of the Revised Statutes of clause (I) or any claim described in subclause ‘‘(II) any agreement or transaction similar to the United States (12 U.S.C. 91) or any other (II) or (III) under any such contract; or any other agreement or transaction referred to Federal or State law relating to the avoidance of ‘‘(ii) transfer none of the qualified financial in this clause that is presently, or in the future preferential or fraudulent transfers,’’ before contracts, claims, property or other credit en- becomes, regularly entered into in the swap ‘‘the Corporation’’. hancement referred to in clause (i) (with respect

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00170 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22327 to such person and any affiliate of such per- any right that such person has to terminate, liq- SEC. 906. FEDERAL DEPOSIT INSURANCE COR- son). uidate, or net such contract under paragraph PORATION IMPROVEMENT ACT OF ‘‘(B) TRANSFER TO FOREIGN BANK, FOREIGN FI- (8)(E) of this subsection or sections 403 or 404 of 1991. NANCIAL INSTITUTION, OR BRANCH OR AGENCY OF the Federal Deposit Insurance Corporation Im- (a) DEFINITIONS.—Section 402 of the Federal A FOREIGN BANK OR FINANCIAL INSTITUTION.—In provement Act of 1991, solely by reason of or in- Deposit Insurance Corporation Improvement Act transferring any qualified financial contract cidental to the appointment of a conservator for of 1991 (12 U.S.C. 4402) is amended— and related claims and property under subpara- the depository institution (or the insolvency or (1) in paragraph (2)— graph (A)(i), the conservator or receiver for the financial condition of the depository institution (A) in subparagraph (A)(ii), by inserting be- depository institution shall not make such for which the conservator has been appointed). fore the semicolon ‘‘, or is exempt from such reg- istration by order of the Securities and Ex- transfer to a foreign bank, financial institution ‘‘(iii) NOTICE.—For purposes of this para- change Commission’’; and organized under the laws of a foreign country, graph, the Corporation as receiver or conser- (B) in subparagraph (B), by inserting before or a branch or agency of a foreign bank or fi- vator of an insured depository institution shall the period ‘‘or that has been granted an exemp- nancial institution unless, under the law appli- be deemed to have notified a person who is a tion under section 4(c)(1) of the Commodity Ex- cable to such bank, financial institution, branch party to a qualified financial contract with such change Act’’; or agency, to the qualified financial contracts, depository institution if the Corporation has (2) in paragraph (6)— and to any netting contract, any security agree- taken steps reasonably calculated to provide no- (A) by redesignating subparagraphs (B) ment or arrangement or other credit enhance- tice to such person by the time specified in sub- through (D) as subparagraphs (C) through (E), ment related to one or more qualified financial paragraph (A). respectively; contracts, the contractual rights of the parties ‘‘(C) TREATMENT OF BRIDGE BANKS.—The fol- (B) by inserting after subparagraph (A) the to such qualified financial contracts, netting lowing institutions shall not be considered to be following new subparagraph: contracts, security agreements or arrangements, a financial institution for which a conservator, ‘‘(B) an uninsured national bank or an unin- or other credit enhancements are enforceable receiver, trustee in bankruptcy, or other legal sured State bank that is a member of the Fed- substantially to the same extent as permitted custodian has been appointed or which is other- eral Reserve System, if the national bank or under this section. wise the subject of a bankruptcy or insolvency State member bank is not eligible to make appli- ‘‘(C) TRANSFER OF CONTRACTS SUBJECT TO THE proceeding for purposes of paragraph (9): cation to become an insured bank under section RULES OF A CLEARING ORGANIZATION.—In the ‘‘(i) A bridge bank. 5 of the Federal Deposit Insurance Act;’’; and event that a conservator or receiver transfers ‘‘(ii) A depository institution organized by the (C) by amending subparagraph (C) (as redes- any qualified financial contract and related Corporation, for which a conservator is ap- ignated) to read as follows: claims, property, and credit enhancements pur- pointed either— ‘‘(C) a branch or agency of a foreign bank, a suant to subparagraph (A)(i) and such contract foreign bank and any branch or agency of the is subject to the rules of a clearing organization, ‘‘(I) immediately upon the organization of the institution; or foreign bank, or the foreign bank that estab- the clearing organization shall not be required lished the branch or agency, as those terms are to accept the transferee as a member by virtue of ‘‘(II) at the time of a purchase and assump- tion transaction between the depository institu- defined in section 1(b) of the International the transfer. Banking Act of 1978;’’; ‘‘(D) DEFINITION.—For purposes of this para- tion and the Corporation as receiver for a depos- itory institution in default.’’. (3) in paragraph (11), by inserting before the graph, the term ‘financial institution’ means a period ‘‘and any other clearing organization broker or dealer, a depository institution, a fu- SEC. 904. AMENDMENTS RELATING TO with which such clearing organization has a DISAFFIRMANCE OR REPUDIATION tures commission merchant, or any other insti- netting contract’’; tution, as determined by the Corporation by reg- OF QUALIFIED FINANCIAL CON- TRACTS. (4) by amending paragraph (14)(A)(i) to read ulation to be a financial institution.’’. as follows: Section 11(e) of the Federal Deposit Insurance (b) NOTICE TO QUALIFIED FINANCIAL CON- ‘‘(i) means a contract or agreement between 2 Act (12 U.S.C. 1821(e)) is amended— TRACT COUNTERPARTIES.—Section 11(e)(10)(A) of or more financial institutions, clearing organi- the Federal Deposit Insurance Act (12 U.S.C. (1) by redesignating paragraphs (11) through zations, or members that provides for netting 1821(e)(10)(A)) is amended in the material imme- (15) as paragraphs (12) through (16), respec- present or future payment obligations or pay- diately following clause (ii) by striking ‘‘the tively; and ment entitlements (including liquidation or conservator’’ and all that follows through the (2) by inserting after paragraph (10) the fol- closeout values relating to such obligations or period and inserting the following: ‘‘the conser- lowing new paragraph: entitlements) among the parties to the agree- vator or receiver shall notify any person who is ‘‘(11) DISAFFIRMANCE OR REPUDIATION OF ment; and’’; and a party to any such contract of such transfer by QUALIFIED FINANCIAL CONTRACTS.—In exercising (5) by adding at the end the following new 5:00 p.m. (eastern time) on the business day fol- the rights of disaffirmance or repudiation of a paragraph: lowing the date of the appointment of the re- conservator or receiver with respect to any ‘‘(15) PAYMENT.—The term ‘payment’ means a ceiver in the case of a receivership, or the busi- qualified financial contract to which an insured payment of United States dollars, another cur- ness day following such transfer in the case of depository institution is a party, the conservator rency, or a composite currency, and a noncash a conservatorship.’’. or receiver for such institution shall either— delivery, including a payment or delivery to liq- (c) RIGHTS AGAINST RECEIVER AND TREATMENT ‘‘(A) disaffirm or repudiate all qualified fi- uidate an unmatured obligation.’’. OF BRIDGE BANKS.—Section 11(e)(10) of the Fed- nancial contracts between— (b) ENFORCEABILITY OF BILATERAL NETTING eral Deposit Insurance Act (12 U.S.C. ‘‘(i) any person or any affiliate of such per- CONTRACTS.—Section 403 of the Federal Deposit 1821(e)(10)) is amended— son; and Insurance Corporation Improvement Act of 1991 (1) by redesignating subparagraph (B) as sub- ‘‘(ii) the depository institution in default; or (12 U.S.C. 4403) is amended— paragraph (D); and (1) by striking subsection (a) and inserting the ‘‘(B) disaffirm or repudiate none of the quali- (2) by inserting after subparagraph (A) the following: fied financial contracts referred to in subpara- following new subparagraphs: ‘‘(a) GENERAL RULE.—Notwithstanding any graph (A) (with respect to such person or any ‘‘(B) CERTAIN RIGHTS NOT ENFORCEABLE.— other provision of State or Federal law (other affiliate of such person).’’. ‘‘(i) RECEIVERSHIP.—A person who is a party than paragraphs (8)(E), (8)(F), and (10)(B) of to a qualified financial contract with an insured SEC. 905. CLARIFYING AMENDMENT RELATING TO section 11(e) of the Federal Deposit Insurance depository institution may not exercise any MASTER AGREEMENTS. Act or any order authorized under section right that such person has to terminate, liq- Section 11(e)(8)(D)(vii) of the Federal Deposit 5(b)(2) of the Securities Investor Protection Act uidate, or net such contract under paragraph Insurance Act (12 U.S.C. 1821(e)(8)(D)(vii)) is of 1970), the covered contractual payment obli- (8)(A) of this subsection or section 403 or 404 of amended to read as follows: gations and the covered contractual payment the Federal Deposit Insurance Corporation Im- ‘‘(vii) TREATMENT OF MASTER AGREEMENT AS entitlements between any 2 financial institu- provement Act of 1991, solely by reason of or in- ONE AGREEMENT.—Any master agreement for tions shall be netted in accordance with, and cidental to the appointment of a receiver for the any contract or agreement described in any pre- subject to the conditions of, the terms of any ap- depository institution (or the insolvency or fi- ceding clause of this subparagraph (or any mas- plicable netting contract (except as provided in nancial condition of the depository institution ter agreement for such master agreement or section 561(b)(2) of title 11, United States for which the receiver has been appointed)— agreements), together with all supplements to Code).’’; and ‘‘(I) until 5:00 p.m. (eastern time) on the busi- such master agreement, shall be treated as a sin- (2) by adding at the end the following new ness day following the date of the appointment gle agreement and a single qualified financial subsection: of the receiver; or contract. If a master agreement contains provi- ‘‘(f) ENFORCEABILITY OF SECURITY AGREE- ‘‘(II) after the person has received notice that sions relating to agreements or transactions that MENTS.—The provisions of any security agree- the contract has been transferred pursuant to are not themselves qualified financial contracts, ment or arrangement or other credit enhance- paragraph (9)(A). the master agreement shall be deemed to be a ment related to one or more netting contracts be- ‘‘(ii) CONSERVATORSHIP.—A person who is a qualified financial contract only with respect to tween any 2 financial institutions shall be en- party to a qualified financial contract with an those transactions that are themselves qualified forceable in accordance with their terms (except insured depository institution may not exercise financial contracts.’’. as provided in section 561(b)(2) of title 11,

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00171 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 22328 CONGRESSIONAL RECORD—HOUSE October 11, 2000 United States Code), and shall not be stayed, conservators of insured depository institutions bankers’ acceptances, securities, loans, or inter- avoided, or otherwise limited by any State or under section 11(e) of the Federal Deposit Insur- ests, with a simultaneous agreement by such Federal law (other than paragraphs (8)(E), ance Act. transferee to transfer to the transferor thereof (8)(F), and (10)(B) of section 11(e) of the Federal ‘‘(c) REGULATORY AUTHORITY.— certificates of deposit, eligible bankers’ accept- Deposit Insurance Act and section 5(b)(2) of the ‘‘(1) IN GENERAL.—The Comptroller of the Cur- ance, securities, loans, or interests of the kind Securities Investor Protection Act of 1970).’’. rency, in consultation with the Federal Deposit described in this clause, at a date certain not (c) ENFORCEABILITY OF CLEARING ORGANIZA- Insurance Corporation, may promulgate regula- later than 1 year after such transfer or on de- TION NETTING CONTRACTS.—Section 404 of the tions to implement this section. mand, against the transfer of funds; Federal Deposit Insurance Corporation Im- ‘‘(2) SPECIFIC REQUIREMENT.—In promulgating ‘‘(ii) any combination of agreements or trans- provement Act of 1991 (12 U.S.C. 4404) is amend- regulations to implement this section, the Comp- actions referred to in clauses (i) and (iii); ed— troller of the Currency shall ensure that the reg- ‘‘(iii) an option to enter into an agreement or (1) by striking subsection (a) and inserting the ulations generally are consistent with the regu- transaction referred to in clause (i) or (ii); following: lations and policies of the Federal Deposit In- ‘‘(iv) a master agreement that provides for an ‘‘(a) GENERAL RULE.—Notwithstanding any surance Corporation adopted pursuant to the agreement or transaction referred to in clause other provision of State or Federal law (other Federal Deposit Insurance Act. (i), (ii), or (iii), together with all supplements to than paragraphs (8)(E), (8)(F), and (10)(B) of ‘‘(d) DEFINITIONS.—For purposes of this sec- any such master agreement, without regard to section 11(e) of the Federal Deposit Insurance tion, the terms ‘Federal branch’, ‘Federal agen- whether such master agreement provides for an Act and any order authorized under section cy’, and ‘foreign bank’ have the same meanings agreement or transaction that is not a repur- 5(b)(2) of the Securities Investor Protection Act as in section 1(b) of the International Banking chase agreement under this paragraph, except of 1970), the covered contractual payment obli- Act of 1978.’’. that such master agreement shall be considered gations and the covered contractual payment SEC. 907. BANKRUPTCY CODE AMENDMENTS. to be a repurchase agreement under this para- entitlements of a member of a clearing organiza- (a) DEFINITIONS OF FORWARD CONTRACT, RE- graph only with respect to each agreement or tion to and from all other members of a clearing PURCHASE AGREEMENT, SECURITIES CLEARING transaction under the master agreement that is organization shall be netted in accordance with AGENCY, SWAP AGREEMENT, COMMODITY CON- referred to in clause (i), (ii), or (iii); or and subject to the conditions of any applicable TRACT, AND SECURITIES CONTRACT.—Title 11, ‘‘(v) any security agreement or arrangement netting contract (except as provided in section United States Code, is amended— or other credit enhancement related to any 561(b)(2) of title 11, United States Code).’’; and (1) in section 101— agreement or transaction referred to in clause (2) by adding at the end the following new (A) in paragraph (25)— (i), (ii), (iii), or (iv), but not to exceed the actual subsection: (i) by striking ‘‘means a contract’’ and insert- value of such contract on the date of the filing ‘‘(h) ENFORCEABILITY OF SECURITY AGREE- ing ‘‘means— of the petition; and MENTS.—The provisions of any security agree- ‘‘(A) a contract’’; ‘‘(B) does not include a repurchase obligation ment or arrangement or other credit enhance- (ii) by striking ‘‘, or any combination thereof under a participation in a commercial mortgage ment related to one or more netting contracts be- or option thereon;’’ and inserting ‘‘, or any loan;’’; tween any 2 members of a clearing organization other similar agreement;’’; and (D) in paragraph (48), by inserting ‘‘, or ex- shall be enforceable in accordance with their (iii) by adding at the end the following: empt from such registration under such section terms (except as provided in section 561(b)(2) of ‘‘(B) any combination of agreements or trans- pursuant to an order of the Securities and Ex- title 11, United States Code), and shall not be actions referred to in subparagraphs (A) and change Commission,’’ after ‘‘1934’’; and stayed, avoided, or otherwise limited by any (C); (E) by amending paragraph (53B) to read as State or Federal law (other than paragraphs ‘‘(C) any option to enter into an agreement or follows: (8)(E), (8)(F), and (10)(B) of section 11(e) of the transaction referred to in subparagraph (A) or ‘‘(53B) ‘swap agreement’— Federal Deposit Insurance Act and section (B); ‘‘(A) means— 5(b)(2) of the Securities Investor Protection Act ‘‘(D) a master agreement that provides for an ‘‘(i) any agreement, including the terms and of 1970).’’. agreement or transaction referred to in subpara- conditions incorporated by reference in such (d) ENFORCEABILITY OF CONTRACTS WITH UN- graph (A), (B), or (C), together with all supple- agreement, which is an interest rate swap, op- INSURED NATIONAL BANKS AND UNINSURED FED- ments to any such master agreement, without tion, future, or forward agreement, including— ERAL BRANCHES AND AGENCIES.—The Federal regard to whether such master agreement pro- ‘‘(I) a rate floor, rate cap, rate collar, cross- Deposit Insurance Corporation Improvement Act vides for an agreement or transaction that is not currency rate swap, and basis swap; of 1991 (12 U.S.C. 4401 et seq.) is amended— a forward contract under this paragraph, except ‘‘(II) a spot, same day-tomorrow, tomorrow- (1) by redesignating section 407 as section 408; that such master agreement shall be considered next, forward, or other foreign exchange or pre- and cious metals agreement; (2) by inserting after section 406 the following to be a forward contract under this paragraph ‘‘(III) a currency swap, option, future, or for- new section: only with respect to each agreement or trans- action under such master agreement that is re- ward agreement; ‘‘SEC. 407. TREATMENT OF CONTRACTS WITH UN- ferred to in subparagraph (A), (B), or (C); or ‘‘(IV) an equity index or an equity swap, op- INSURED NATIONAL BANKS AND UN- INSURED FEDERAL BRANCHES AND ‘‘(E) any security agreement or arrangement, tion, future, or forward agreement; AGENCIES. or other credit enhancement related to any ‘‘(V) a debt index or a debt swap, option, fu- ‘‘(a) IN GENERAL.—Notwithstanding any other agreement or transaction referred to in subpara- ture, or forward agreement; provision of law, paragraphs (8), (9), (10), and graph (A), (B), (C), or (D), but not to exceed the ‘‘(VI) a credit spread or a credit swap, option, (11) of section 11(e) of the Federal Deposit In- actual value of such contract on the date of the future, or forward agreement; surance Act shall apply to an uninsured na- filing of the petition;’’; ‘‘(VII) a commodity index or a commodity tional bank or uninsured Federal branch or (B) in paragraph (46), by striking ‘‘on any swap, option, future, or forward agreement; or Federal agency, except that for such purpose— day during the period beginning 90 days before ‘‘(VIII) a weather swap, weather derivative, ‘‘(1) any reference to the ‘Corporation as re- the date of’’ and inserting ‘‘at any time before’’; or weather option; ceiver’ or ‘the receiver or the Corporation’ shall (C) by amending paragraph (47) to read as fol- ‘‘(ii) any agreement or transaction similar to refer to the receiver of an uninsured national lows: any other agreement or transaction referred to bank or uninsured Federal branch or Federal ‘‘(47) ‘repurchase agreement’ (which defini- in this paragraph that— agency appointed by the Comptroller of the Cur- tion also applies to a reverse repurchase agree- ‘‘(I) is presently, or in the future becomes, reg- rency; ment)— ularly entered into in the swap market (includ- ‘‘(2) any reference to the ‘Corporation’ (other ‘‘(A) means— ing terms and conditions incorporated by ref- than in section 11(e)(8)(D) of such Act), the ‘‘(i) an agreement, including related terms, erence therein); and ‘Corporation, whether acting as such or as con- which provides for the transfer of one or more ‘‘(II) is a forward, swap, future, or option on servator or receiver’, a ‘receiver’, or a ‘conser- certificates of deposit, mortgage related securi- one or more rates, currencies, commodities, eq- vator’ shall refer to the receiver or conservator ties (as defined in section 3 of the Securities Ex- uity securities, or other equity instruments, debt of an uninsured national bank or uninsured change Act of 1934), mortgage loans, interests in securities or other debt instruments, or economic Federal branch or Federal agency appointed by mortgage related securities or mortgage loans, indices or measures of economic risk or value; the Comptroller of the Currency; and eligible bankers’ acceptances, qualified foreign ‘‘(iii) any combination of agreements or trans- ‘‘(3) any reference to an ‘insured depository government securities (defined as a security that actions referred to in this subparagraph; institution’ or ‘depository institution’ shall refer is a direct obligation of, or that is fully guaran- ‘‘(iv) any option to enter into an agreement or to an uninsured national bank or an uninsured teed by, the central government of a member of transaction referred to in this subparagraph; Federal branch or Federal agency. the Organization for Economic Cooperation and ‘‘(v) a master agreement that provides for an ‘‘(b) LIABILITY.—The liability of a receiver or Development), or securities that are direct obli- agreement or transaction referred to in clause conservator of an uninsured national bank or gations of, or that are fully guaranteed by, the (i), (ii), (iii), or (iv), together with all supple- uninsured Federal branch or agency shall be de- United States or any agency of the United ments to any such master agreement, and with- termined in the same manner and subject to the States against the transfer of funds by the out regard to whether the master agreement same limitations that apply to receivers and transferee of such certificates of deposit, eligible contains an agreement or transaction that is not

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00172 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22329 a swap agreement under this paragraph, except (A) by striking ‘‘or’’ at the end of subpara- ‘‘(38A) ‘master netting agreement’— that the master agreement shall be considered to graph (D); and ‘‘(A) means an agreement providing for the be a swap agreement under this paragraph only (B) by adding at the end the following: exercise of rights, including rights of netting, with respect to each agreement or transaction ‘‘(F) any other agreement or transaction that setoff, liquidation, termination, acceleration, or under the master agreement that is referred to is similar to an agreement or transaction re- closeout, under or in connection with one or in clause (i), (ii), (iii), or (iv); or ferred to in this paragraph; more contracts that are described in any one or ‘‘(vi) any security agreement or arrangement ‘‘(G) any combination of the agreements or more of paragraphs (1) through (5) of section or other credit enhancement related to any transactions referred to in this paragraph; 561(a), or any security agreement or arrange- agreements or transactions referred to in clause ‘‘(H) any option to enter into an agreement or ment or other credit enhancement related to one (i) through (v), but do not to exceed the actual transaction referred to in this paragraph; or more of the foregoing; and value of such contract on the date of the filing ‘‘(I) a master agreement that provides for an ‘‘(B) if the agreement contains provisions re- of the petition; and agreement or transaction referred to in subpara- lating to agreements or transactions that are not ‘‘(B) is applicable for purposes of this title graph (A), (B), (C), (D), (E), (F), (G), or (H), to- contracts described in paragraphs (1) through only, and shall not be construed or applied so as gether with all supplements to such master (5) of section 561(a), shall be deemed to be a to challenge or affect the characterization, defi- agreement, without regard to whether the mas- master netting agreement only with respect to nition, or treatment of any swap agreement ter agreement provides for an agreement or those agreements or transactions that are de- under any other statute, regulation, or rule, in- transaction that is not a commodity contract scribed in any one or more of paragraphs (1) cluding the Securities Act of 1933, the Securities under this paragraph, except that the master through (5) of section 561(a); Exchange Act of 1934, the Public Utility Holding agreement shall be considered to be a commodity ‘‘(38B) ‘master netting agreement participant’ Company Act of 1935, the Trust Indenture Act contract under this paragraph only with respect means an entity that, at any time before the fil- of 1939, the Investment Company Act of 1940, to each agreement or transaction under the mas- ing of the petition, is a party to an outstanding the Investment Advisers Act of 1940, the Securi- ter agreement that is referred to in subpara- master netting agreement with the debtor;’’. ties Investor Protection Act of 1970, the Com- graph (A), (B), (C), (D), (E), (F), (G), or (H); or (d) SWAP AGREEMENTS, SECURITIES CON- modity Exchange Act, and the regulations pre- ‘‘(J) any security agreement or arrangement TRACTS, COMMODITY CONTRACTS, FORWARD scribed by the Securities and Exchange Commis- or other credit enhancement related to any CONTRACTS, REPURCHASE AGREEMENTS, AND sion or the Commodity Futures Trading Commis- agreement or transaction referred to in this MASTER NETTING AGREEMENTS UNDER THE sion.’’; paragraph, but not to exceed the actual value of AUTOMATIC-STAY.— (2) in section 741(7), by striking paragraph (7) such contract on the date of the filing of the pe- (1) IN GENERAL.—Section 362(b) of title 11, and inserting the following: tition;’’. United States Code, as amended by this Act, is amended— ‘‘(7) ‘securities contract’— (b) DEFINITIONS OF FINANCIAL INSTITUTION, (A) in paragraph (6), by inserting ‘‘, pledged ‘‘(A) means— FINANCIAL PARTICIPANT, AND FORWARD CON- to, and under the control of,’’ after ‘‘held by’’; ‘‘(i) a contract for the purchase, sale, or loan TRACT MERCHANT.—Section 101 of title 11, (B) in paragraph (7), by inserting ‘‘, pledged of a security, a certificate of deposit, a mortgage United States Code, is amended— to, and under the control of,’’ after ‘‘held by’’; loan or any interest in a mortgage loan, a group (1) by striking paragraph (22) and inserting (C) by striking paragraph (17) and inserting or index of securities, certificates of deposit, or the following: the following: mortgage loans or interests therein (including ‘‘(22) ‘financial institution’ means— ‘‘(17) under subsection (a), of the setoff by a an interest therein or based on the value there- ‘‘(A) a Federal reserve bank, or an entity (do- swap participant of a mutual debt and claim of), or option on any of the foregoing, including mestic or foreign) that is a commercial or sav- under or in connection with one or more swap an option to purchase or sell any such security, ings bank, industrial savings bank, savings and agreements that constitutes the setoff of a claim certificate of deposit, loan, interest, group or loan association, trust company, or receiver or against the debtor for any payment or other index, or option; conservator for such entity and, when any such transfer of property due from the debtor under ‘‘(ii) any option entered into on a national se- Federal reserve bank, receiver, conservator or or in connection with any swap agreement curities exchange relating to foreign currencies; entity is acting as agent or custodian for a cus- against any payment due to the debtor from the ‘‘(iii) the guarantee by or to any securities tomer in connection with a securities contract, swap participant under or in connection with clearing agency of a settlement of cash, securi- as defined in section 741, such customer; or any swap agreement or against cash, securities, ties, certificates of deposit, mortgage loans or in- ‘‘(B) in connection with a securities contract, or other property held by, pledged to, and under terests therein, group or index of securities, or as defined in section 741, an investment com- the control of, or due from such swap partici- mortgage loans or interests therein (including pany registered under the Investment Company pant to margin, guarantee, secure, or settle any any interest therein or based on the value there- Act of 1940;’’; swap agreement;’’; and of), or option on any of the foregoing, including (2) by inserting after paragraph (22) the fol- (D) by inserting after paragraph (27), as an option to purchase or sell any such security, lowing: added by this Act, the following new paragraph: certificate of deposit, loan, interest, group or ‘‘(22A) ‘financial participant’ means an entity ‘‘(28) under subsection (a), of the setoff by a index, or option; that, at the time it enters into a securities con- master netting agreement participant of a mu- ‘‘(iv) any margin loan; tract, commodity contract, or forward contract, tual debt and claim under or in connection with ‘‘(v) any other agreement or transaction that or at the time of the filing of the petition, has one or more master netting agreements or any is similar to an agreement or transaction re- one or more agreements or transactions de- contract or agreement subject to such agree- ferred to in this subparagraph; scribed in paragraph (1), (2), (3), (4), (5), or (6) ments that constitutes the setoff of a claim ‘‘(vi) any combination of the agreements or of section 561(a) with the debtor or any other against the debtor for any payment or other transactions referred to in this subparagraph; entity (other than an affiliate) of a total gross transfer of property due from the debtor under ‘‘(vii) any option to enter into any agreement dollar value of not less than $1,000,000,000 in no- or in connection with such agreements or any or transaction referred to in this subparagraph; tional or actual principal amount outstanding contract or agreement subject to such agree- ‘‘(viii) a master agreement that provides for on any day during the previous 15-month pe- ments against any payment due to the debtor an agreement or transaction referred to in riod, or has gross mark-to-market positions of from such master netting agreement participant clause (i), (ii), (iii), (iv), (v), (vi), or (vii), to- not less than $100,000,000 (aggregated across under or in connection with such agreements or gether with all supplements to any such master counterparties) in one or more such agreements any contract or agreement subject to such agree- agreement, without regard to whether the mas- or transactions with the debtor or any other en- ments or against cash, securities, or other prop- ter agreement provides for an agreement or tity (other than an affiliate) on any day during erty held by, pledged to, and under the control transaction that is not a securities contract the previous 15-month period;’’; and of, or due from such master netting agreement under this subparagraph, except that such mas- (3) by striking paragraph (26) and inserting participant to margin, guarantee, secure, or set- ter agreement shall be considered to be a securi- the following: tle such agreements or any contract or agree- ties contract under this subparagraph only with ‘‘(26) ‘forward contract merchant’ means a ment subject to such agreements, to the extent respect to each agreement or transaction under Federal reserve bank, or an entity, the business that such participant is eligible to exercise such such master agreement that is referred to in of which consists in whole or in part of entering offset rights under paragraph (6), (7), or (17) for clause (i), (ii), (iii), (iv), (v), (vi), or (vii); or into forward contracts as or with merchants or each individual contract covered by the master ‘‘(ix) any security agreement or arrangement in a commodity, as defined or in section 761 or netting agreement in issue; or’’. or other credit enhancement, related to any any similar good, article, service, right, or inter- (2) LIMITATION.—Section 362 of title 11, United agreement or transaction referred to in this sub- est which is presently or in the future becomes States Code, as amended by this Act, is amended paragraph, but not to exceed the actual value of the subject of dealing in the forward contract by adding at the end the following: such contract on the date of the filing of the pe- trade;’’. ‘‘(l) LIMITATION.—The exercise of rights not tition; and (c) DEFINITION OF MASTER NETTING AGREE- subject to the stay arising under subsection (a) ‘‘(B) does not include any purchase, sale, or MENT AND MASTER NETTING AGREEMENT PARTIC- pursuant to paragraph (6), (7), (17), or (28) of repurchase obligation under a participation in a IPANT.—Section 101 of title 11, United States subsection (b) shall not be stayed by any order commercial mortgage loan.’’; and Code, is amended by inserting after paragraph of a court or administrative agency in any pro- (3) in section 761(4)— (38) the following new paragraphs: ceeding under this title.’’.

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(e) LIMITATION OF AVOIDANCE POWERS UNDER ‘‘§ 560. Contractual right to liquidate, termi- exchange, a national securities association, or a MASTER NETTING AGREEMENT.—Section 546 of nate, or accelerate a swap agreement’’; securities clearing agency, a right set forth in a title 11, United States Code, as amended by this (2) in the first sentence, by striking ‘‘termi- bylaw of a clearing organization or contract Act, is amended— nation of a swap agreement’’ and inserting ‘‘liq- market or in a resolution of the governing board (1) in subsection (g) (as added by section 103 uidation, termination, or acceleration of one or thereof, and a right, whether or not evidenced of Public Law 101–311)— more swap agreements’’; and in writing, arising under common law, under (A) by striking ‘‘under a swap agreement’’; (3) by striking ‘‘in connection with any swap law merchant, or by reason of normal business and agreement’’ and inserting ‘‘in connection with practice. (B) by striking ‘‘in connection with a swap the termination, liquidation, or acceleration of ‘‘(d) CASES ANCILLARY TO FOREIGN PRO- agreement’’ and inserting ‘‘under or in connec- one or more swap agreements’’. CEEDINGS.—Any provisions of this title relating tion with any swap agreement’’; and (k) LIQUIDATION, TERMINATION, ACCELERA- to securities contracts, commodity contracts, for- (2) by adding at the end the following: TION, OR OFFSET UNDER A MASTER NETTING ward contracts, repurchase agreements, swap ‘‘(k) Notwithstanding sections 544, 545, 547, AGREEMENT AND ACROSS CONTRACTS.— agreements, or master netting agreements shall 548(a)(1)(B), and 548(b) the trustee may not (1) IN GENERAL.—Title 11, United States Code, apply in a case under chapter 15 of this title, so avoid a transfer made by or to a master netting is amended by inserting after section 560 the fol- that enforcement of contractual provisions of agreement participant under or in connection lowing: such contracts and agreements in accordance with their terms will not be stayed or otherwise with any master netting agreement or any indi- ‘‘§ 561. Contractual right to terminate, liq- limited by operation of any provision of this title vidual contract covered thereby that is made be- uidate, accelerate, or offset under a master or by order of a court in any case under this fore the commencement of the case, except under netting agreement and across contracts section 548(a)(1)(A) and except to the extent title, and to limit avoidance powers to the same ‘‘(a) IN GENERAL.—Subject to subsection (b), extent as in a proceeding under chapter 7 or 11 that the trustee could otherwise avoid such a the exercise of any contractual right, because of transfer made under an individual contract cov- of this title (such enforcement not to be limited a condition of the kind specified in section based on the presence or absence of assets of the ered by such master netting agreement.’’. 365(e)(1), to cause the termination, liquidation, (f) FRAUDULENT TRANSFERS OF MASTER NET- debtor in the United States).’’. or acceleration of or to offset or net termination (2) CONFORMING AMENDMENT.—The table of TING AGREEMENTS.—Section 548(d)(2) of title 11, values, payment amounts, or other transfer obli- United States Code, is amended— sections for chapter 5 of title 11, United States gations arising under or in connection with one Code, is amended by inserting after the item re- (1) in subparagraph (C), by striking ‘‘and’’ at or more (or the termination, liquidation, or ac- the end; lating to section 560 the following: celeration of one or more)— ‘‘561. Contractual right to terminate, liquidate, (2) in subparagraph (D), by striking the pe- ‘‘(1) securities contracts, as defined in section accelerate, or offset under a mas- riod and inserting ‘‘; and’’; and 741(7); ter netting agreement and across (3) by adding at the end the following new ‘‘(2) commodity contracts, as defined in sec- contracts. subparagraph: tion 761(4); (l) COMMODITY BROKER LIQUIDATIONS.—Title ‘‘(E) a master netting agreement participant ‘‘(3) forward contracts; 11, United States Code, is amended by inserting that receives a transfer in connection with a ‘‘(4) repurchase agreements; after section 766 the following: master netting agreement or any individual con- ‘‘(5) swap agreements; or tract covered thereby takes for value to the ex- ‘‘(6) master netting agreements, ‘‘§ 767. Commodity broker liquidation and for- tent of such transfer, except that, with respect shall not be stayed, avoided, or otherwise lim- ward contract merchants, commodity bro- to a transfer under any individual contract cov- ited by operation of any provision of this title or kers, stockbrokers, financial institutions, fi- ered thereby, to the extent that such master net- by any order of a court or administrative agency nancial participants, securities clearing ting agreement participant otherwise did not in any proceeding under this title. agencies, swap participants, repo partici- take (or is otherwise not deemed to have taken) ‘‘(b) EXCEPTION.— pants, and master netting agreement par- such transfer for value.’’. ‘‘(1) IN GENERAL.—A party may exercise a con- ticipants (g) TERMINATION OR ACCELERATION OF SECU- tractual right described in subsection (a) to ter- ‘‘Notwithstanding any other provision of this RITIES CONTRACTS.—Section 555 of title 11, minate, liquidate, or accelerate only to the ex- title, the exercise of rights by a forward contract United States Code, is amended— tent that such party could exercise such a right merchant, commodity broker, stockbroker, fi- (1) by amending the section heading to read under section 555, 556, 559, or 560 for each indi- nancial institution, financial participant, secu- as follows: vidual contract covered by the master netting rities clearing agency, swap participant, repo ‘‘§ 555. Contractual right to liquidate, termi- agreement in issue. participant, or master netting agreement partici- ‘‘(2) COMMODITY BROKERS.—If a debtor is a nate, or accelerate a securities contract’’; pant under this title shall not affect the priority commodity broker subject to subchapter IV of of any unsecured claim it may have after the ex- and chapter 7— ercise of such rights.’’. (2) in the first sentence, by striking ‘‘liquida- ‘‘(A) a party may not net or offset an obliga- (m) STOCKBROKER LIQUIDATIONS.—Title 11, tion’’ and inserting ‘‘liquidation, termination, tion to the debtor arising under, or in connec- United States Code, is amended by inserting or acceleration’’. tion with, a commodity contract against any after section 752 the following: (h) TERMINATION OR ACCELERATION OF COM- claim arising under, or in connection with, ‘‘§ 753. Stockbroker liquidation and forward MODITIES OR FORWARD CONTRACTS.—Section 556 other instruments, contracts, or agreements list- contract merchants, commodity brokers, of title 11, United States Code, is amended— ed in subsection (a) except to the extent that the stockbrokers, financial institutions, securi- (1) by amending the section heading to read party has positive net equity in the commodity ties clearing agencies, swap participants, as follows: accounts at the debtor, as calculated under that repo participants, and master netting ‘‘§ 556. Contractual right to liquidate, termi- subchapter IV; and agreement participants nate, or accelerate a commodities contract ‘‘(B) another commodity broker may not net ‘‘Notwithstanding any other provision of this or forward contract’’; or offset an obligation to the debtor arising title, the exercise of rights by a forward contract and under, or in connection with, a commodity con- merchant, commodity broker, stockbroker, fi- (2) in the first sentence, by striking ‘‘liquida- tract entered into or held on behalf of a cus- nancial institution, securities clearing agency, tion’’ and inserting ‘‘liquidation, termination, tomer of the debtor against any claim arising swap participant, repo participant, financial or acceleration’’. under, or in connection with, other instruments, participant, or master netting agreement partici- (i) TERMINATION OR ACCELERATION OF REPUR- contracts, or agreements listed in subsection (a). pant under this title shall not affect the priority CHASE AGREEMENTS.—Section 559 of title 11, ‘‘(3) CONSTRUCTION.—No provision of subpara- of any unsecured claim it may have after the ex- United States Code, is amended— graph (A) or (B) of paragraph (2) shall prohibit ercise of such rights.’’. (1) by amending the section heading to read the offset of claims and obligations that arise (n) SETOFF.—Section 553 of title 11, United as follows: under— States Code, is amended— ‘‘(A) a cross-margining agreement that has (1) in subsection (a)(3)(C), by inserting before ‘‘§ 559. Contractual right to liquidate, termi- been approved by the Commodity Futures Trad- the period the following: ‘‘(except for a setoff of nate, or accelerate a repurchase agree- ing Commission or submitted to the Commodity a kind described in section 362(b)(6), 362(b)(7), ment’’; Futures Trading Commission under section 362(b)(17), 362(b)(28), 555, 556, 559, 560, or 561 of and 5(a)(12)(A) of the Commodity Exchange Act and this title)’’; and (2) in the first sentence, by striking ‘‘liquida- has been approved; or (2) in subsection (b)(1), by striking tion’’ and inserting ‘‘liquidation, termination, ‘‘(B) any other netting agreement between a ‘‘362(b)(14),’’ and inserting ‘‘362(b)(17), or acceleration’’. clearing organization, as defined in section 761, 362(b)(28), 555, 556, 559, 560, 561’’. (j) LIQUIDATION, TERMINATION, OR ACCELERA- and another entity that has been approved by (o) SECURITIES CONTRACTS, COMMODITY CON- TION OF SWAP AGREEMENTS.—Section 560 of title the Commodity Futures Trading Commission. TRACTS, AND FORWARD CONTRACTS.—Title 11, 11, United States Code, is amended— ‘‘(c) DEFINITION.—As used in this section, the United States Code, is amended— (1) by amending the section heading to read term ‘contractual right’ includes a right set (1) in section 362(b)(6), by striking ‘‘financial as follows: forth in a rule or bylaw of a national securities institutions,’’ each place such term appears and

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00174 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22331 inserting ‘‘financial institution, financial par- ‘‘(B) bankruptcy estate funds pursuant to sec- the foreclosure on, or disposition of, securities ticipant,’’; tion 345(b)(2) of title 11, United States Code; collateral pledged by the debtor, whether or not (2) in section 546(e), by inserting ‘‘financial ‘‘(C) extensions of credit, including any over- with respect to one or more of such contracts or participant,’’ after ‘‘financial institution,’’; draft, from a Federal reserve bank or Federal agreements, securities sold by the debtor under (3) in section 548(d)(2)(B), by inserting ‘‘fi- home loan bank; or a repurchase agreement, or securities lent under nancial participant,’’ after ‘‘financial institu- ‘‘(D) one or more qualified financial con- a securities lending agreement. tion,’’; tracts, as defined in section 11(e)(8)(D), ‘‘(iii) As used in this subparagraph, the term (4) in section 555— shall not be deemed invalid pursuant to para- ‘contractual right’ includes a right set forth in (A) by inserting ‘‘financial participant,’’ after graph (1)(B) solely because such agreement was a rule or bylaw of a national securities ex- ‘‘financial institution,’’; and not executed contemporaneously with the acqui- change, a national securities association, or a (B) by inserting before the period at the end sition of the collateral or because of pledges, de- securities clearing agency, a right set forth in a ‘‘, a right set forth in a bylaw of a clearing or- livery, or substitution of the collateral made in bylaw of a clearing organization or contract ganization or contract market or in a resolution accordance with such agreement.’’. market or in a resolution of the governing board of the governing board thereof, and a right, SEC. 910. DAMAGE MEASURE. thereof, and a right, whether or not in writing, whether or not in writing, arising under com- (a) IN GENERAL.—Title 11, United States Code, arising under common law, under law merchant, mon law, under law merchant, or by reason of is amended— or by reason of normal business practice.’’. normal business practice’’; and (1) by inserting after section 561, as added by SEC. 912. ASSET-BACKED SECURITIZATIONS. (5) in section 556, by inserting ‘‘, financial this Act, the following: Section 541 of title 11, United States Code, is participant,’’ after ‘‘commodity broker’’. ‘‘§ 562. Damage measure in connection with amended— (p) CONFORMING AMENDMENTS.—Title 11, (1) in subsection (b), by inserting after para- swap agreements, securities contracts, for- United States Code, is amended— graph (7), as added by this Act, the following: (1) in the table of sections for chapter 5— ward contracts, commodity contracts, repur- ‘‘(8) any eligible asset (or proceeds thereof), to (A) by amending the items relating to sections chase agreements, or master netting agree- the extent that such eligible asset was trans- 555 and 556 to read as follows: ments ferred by the debtor, before the date of com- ‘‘If the trustee rejects a swap agreement, secu- ‘‘555. Contractual right to liquidate, terminate, mencement of the case, to an eligible entity in rities contract (as defined in section 741), for- or accelerate a securities contract. connection with an asset-backed securitization, ward contract, commodity contract (as defined ‘‘556. Contractual right to liquidate, terminate, except to the extent such asset (or proceeds or in section 761), repurchase agreement, or master or accelerate a commodities con- value thereof) may be recovered by the trustee netting agreement pursuant to section 365(a), or tract or forward contract.’’; under section 550 by virtue of avoidance under and if a forward contract merchant, stockbroker, fi- section 548(a);’’; and (B) by amending the items relating to sections nancial institution, securities clearing agency, (2) by adding at the end the following new 559 and 560 to read as follows: repo participant, financial participant, master subsection: netting agreement participant, or swap partici- ‘‘(f) For purposes of this section— ‘‘559. Contractual right to liquidate, terminate, pant liquidates, terminates, or accelerates such ‘‘(1) the term ‘asset-backed securitization’ or accelerate a repurchase agree- contract or agreement, damages shall be meas- means a transaction in which eligible assets ment. ured as of the earlier of— transferred to an eligible entity are used as the ‘‘560. Contractual right to liquidate, terminate, ‘‘(1) the date of such rejection; or source of payment on securities, including, or accelerate a swap agreement.’’; ‘‘(2) the date of such liquidation, termination, without limitation, all securities issued by gov- and or acceleration.’’; and ernmental units, at least one class or tranche of (2) in the table of sections for chapter 7— (2) in the table of sections for chapter 5, by in- which was rated investment grade by one or (A) by inserting after the item relating to sec- serting after the item relating to section 561 (as more nationally recognized securities rating or- tion 766 the following: added by this Act) the following: ganizations, when the securities were initially ‘‘767. Commodity broker liquidation and forward ‘‘562. Damage measure in connection with swap issued by an issuer; contract merchants, commodity agreements, securities contracts, ‘‘(2) the term ‘eligible asset’ means— brokers, stockbrokers, financial forward contracts, commodity ‘‘(A) financial assets (including interests institutions, securities clearing contracts, repurchase agreements, therein and proceeds thereof), either fixed or re- agencies, swap participants, repo or master netting agreements.’’. volving, whether or not the same are in exist- participants, and master netting (b) CLAIMS ARISING FROM REJECTION.—Sec- ence as of the date of the transfer, including agreement participants.’’; tion 502(g) of title 11, United States Code, is residential and commercial mortgage loans, con- and amended— sumer receivables, trade receivables, assets of (B) by inserting after the item relating to sec- (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; and governmental units, including payment obliga- tion 752 the following: (2) by adding at the end the following: tions relating to taxes, receipts, fines, tickets, ‘‘753. Stockbroker liquidation and forward con- ‘‘(2) A claim for damages calculated in accord- and other sources of revenue, and lease receiv- tract merchants, commodity bro- ance with section 562 of this title shall be al- ables, that, by their terms, convert into cash kers, stockbrokers, financial insti- lowed under subsection (a), (b), or (c), or dis- within a finite time period, plus any residual in- tutions, securities clearing agen- allowed under subsection (d) or (e), as if such terest in property subject to receivables included cies, swap participants, repo par- claim had arisen before the date of the filing of in such financial assets plus any rights or other ticipants, and master netting the petition.’’. assets designed to assure the servicing or timely agreement participants.’’. distribution of proceeds to security holders; SEC. 911. SIPC STAY. ‘‘(B) cash; and SEC. 908. RECORDKEEPING REQUIREMENTS. Section 5(b)(2) of the Securities Investor Pro- ‘‘(C) securities, including without limitation, Section 11(e)(8) of the Federal Deposit Insur- tection Act of 1970 (15 U.S.C. 78eee(b)(2)) is all securities issued by governmental units; ance Act (12 U.S.C. 1821(e)(8)) is amended by amended by adding at the end the following ‘‘(3) the term ‘eligible entity’ means— adding at the end the following new subpara- new subparagraph: ‘‘(A) an issuer; or graph: ‘‘(C) EXCEPTION FROM STAY.— ‘‘(B) a trust, corporation, partnership, gov- ‘‘(H) RECORDKEEPING REQUIREMENTS.—The ‘‘(i) Notwithstanding section 362 of title 11, ernmental unit, limited liability company (in- Corporation, in consultation with the appro- United States Code, neither the filing of an ap- cluding a single member limited liability com- priate Federal banking agencies, may prescribe plication under subsection (a)(3) nor any order pany), or other entity engaged exclusively in the regulations requiring more detailed record- or decree obtained by SIPC from the court shall business of acquiring and transferring eligible keeping with respect to qualified financial con- operate as a stay of any contractual rights of a assets directly or indirectly to an issuer and tak- tracts (including market valuations) by insured creditor to liquidate, terminate, or accelerate a ing actions ancillary thereto; depository institutions.’’. securities contract, commodity contract, forward ‘‘(4) the term ‘issuer’ means a trust, corpora- SEC. 909. EXEMPTIONS FROM CONTEMPORA- contract, repurchase agreement, swap agree- tion, partnership, or other entity engaged exclu- NEOUS EXECUTION REQUIREMENT. ment, or master netting agreement, as those sively in the business of acquiring and holding Section 13(e)(2) of the Federal Deposit Insur- terms are defined in sections 101 and 741 of title eligible assets, issuing securities backed by eligi- ance Act (12 U.S.C. 1823(e)(2)) is amended to 11, United States Code, to offset or net termi- ble assets, and taking actions ancillary thereto; read as follows: nation values, payment amounts, or other trans- and ‘‘(2) EXEMPTIONS FROM CONTEMPORANEOUS fer obligations arising under or in connection ‘‘(5) the term ‘transferred’ means the debtor, EXECUTION REQUIREMENT.—An agreement to with one or more of such contracts or agree- under a written agreement, represented and provide for the lawful collateralization of— ments, or to foreclose on any cash collateral warranted that eligible assets were sold, contrib- ‘‘(A) deposits of, or other credit extension by, pledged by the debtor, whether or not with re- uted, or otherwise conveyed with the intention a Federal, State, or local governmental entity, spect to one or more of such contracts or agree- of removing them from the estate of the debtor or of any depositor referred to in section ments. pursuant to subsection (b)(8) (whether or not 11(a)(2), including an agreement to provide col- ‘‘(ii) Notwithstanding clause (i), such applica- reference is made to this title or any section lateral in lieu of a surety bond; tion, order, or decree may operate as a stay of hereof), irrespective and without limitation of—

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00175 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 22332 CONGRESSIONAL RECORD—HOUSE October 11, 2000 ‘‘(A) whether the debtor directly or indirectly for profit or not for profit) that is primarily en- ‘‘(3) If, following the 365-day period described obtained or held an interest in the issuer or in gaged in offering to the general public facilities in paragraph (2) and after providing the notifi- any securities issued by the issuer; and services for— cation under paragraph (1), patient records are ‘‘(B) whether the debtor had an obligation to ‘‘(i) the diagnosis or treatment of injury, de- not claimed by a patient or insurance provider, repurchase or to service or supervise the serv- formity, or disease; and or request is not granted by a Federal agency to icing of all or any portion of such eligible assets; ‘‘(ii) surgical, drug treatment, psychiatric, or deposit such records with that agency, the trust- or obstetric care; and ee shall destroy those records by— ‘‘(C) the characterization of such sale, con- ‘‘(B) includes— ‘‘(A) if the records are written, shredding or tribution, or other conveyance for tax, account- ‘‘(i) any— burning the records; or ing, regulatory reporting, or other purposes.’’. ‘‘(I) general or specialized hospital; ‘‘(B) if the records are magnetic, optical, or SEC. 913. EFFECTIVE DATE; APPLICATION OF ‘‘(II) ancillary ambulatory, emergency, or sur- other electronic records, by otherwise destroying AMENDMENTS. gical treatment facility; those records so that those records cannot be re- (a) EFFECTIVE DATE.—This title shall take ef- ‘‘(III) hospice; trieved.’’. fect on the date of enactment of this Act. ‘‘(IV) home health agency; and (b) CLERICAL AMENDMENT.—The table of sec- (b) APPLICATION OF AMENDMENTS.—The ‘‘(V) other health care institution that is simi- tions for chapter 3 of title 11, United States amendments made by this title shall apply with lar to an entity referred to in subclause (I), (II), Code, is amended by inserting after the item re- respect to cases commenced or appointments (III), or (IV); and lating to section 350 the following: made under any Federal or State law after the ‘‘(ii) any long-term care facility, including ‘‘351. Disposal of patient records.’’. date of enactment of this Act, but shall not any— apply with respect to cases commenced or ap- ‘‘(I) skilled nursing facility; SEC. 1103. ADMINISTRATIVE EXPENSE CLAIM FOR ‘‘(II) intermediate care facility; COSTS OF CLOSING A HEALTH CARE pointments made under any Federal or State BUSINESS AND OTHER ADMINISTRA- law before the date of enactment of this Act. ‘‘(III) assisted living facility; TIVE EXPENSES. ‘‘(IV) home for the aged; TITLE X—PROTECTION OF FAMILY Section 503(b) of title 11, United States Code, ‘‘(V) domiciliary care facility; and FARMERS as amended by this Act, is amended by adding ‘‘(VI) health care institution that is related to at the end the following: SEC. 1001. PERMANENT REENACTMENT OF CHAP- a facility referred to in subclause (I), (II), (III), TER 12. ‘‘(8) the actual, necessary costs and expenses (IV), or (V), if that institution is primarily en- of closing a health care business incurred by a (a) REENACTMENT.— gaged in offering room, board, laundry, or per- (1) IN GENERAL.—Chapter 12 of title 11, United trustee or by a Federal agency (as that term is sonal assistance with activities of daily living States Code, as reenacted by section 149 of divi- defined in section 551(1) of title 5) or a depart- and incidentals to activities of daily living;’’. sion C of the Omnibus Consolidated and Emer- ment or agency of a State or political subdivi- (b) PATIENT AND PATIENT RECORDS DE- gency Supplemental Appropriations Act, 1999 sion thereof, including any cost or expense in- FINED.—Section 101 of title 11, United States (Public Law 105–277), and amended by this Act, curred— Code, is amended by inserting after paragraph is reenacted. ‘‘(A) in disposing of patient records in accord- (40) the following: (2) EFFECTIVE DATE.—Subsection (a) shall ance with section 351; or ‘‘(40A) ‘patient’ means any person who ob- take effect on July 1, 2000. ‘‘(B) in connection with transferring patients tains or receives services from a health care (b) CONFORMING AMENDMENT.—Section 302 of from the health care business that is in the the Bankruptcy, Judges, United States Trustees, business; process of being closed to another health care ‘‘(40B) ‘patient records’ means any written and Family Farmer Bankruptcy Act of 1986 (28 business; document relating to a patient or a record re- U.S.C. 581 note) is amended by striking sub- ‘‘(9) with respect to a nonresidential real corded in a magnetic, optical, or other form of section (f). property lease previously assumed under section electronic medium;’’. SEC. 1002. DEBT LIMIT INCREASE. 365, and subsequently rejected, a sum equal to (c) RULE OF CONSTRUCTION.—The amendments Section 104(b) of title 11, United States Code, all monetary obligations due, excluding those made by subsection (a) of this section shall not arising from or related to a failure to operate or is amended by adding at the end the following: affect the interpretation of section 109(b) of title ‘‘(4) The dollar amount in section 101(18) shall penalty provisions, for the period of 2 years fol- 11, United States Code. be adjusted at the same times and in the same lowing the later of the rejection date or date of manner as the dollar amounts in paragraph (1) SEC. 1102. DISPOSAL OF PATIENT RECORDS. actual turnover of the premises, without reduc- of this subsection, beginning with the adjust- (a) IN GENERAL.—Subchapter III of chapter 3 tion or setoff for any reason whatsoever except ment to be made on April 1, 2001.’’. of title 11, United States Code, is amended by for sums actually received or to be received from adding at the end the following: SEC. 1003. CERTAIN CLAIMS OWED TO GOVERN- a nondebtor, and the claim for remaining sums MENTAL UNITS. ‘‘§ 351. Disposal of patient records due for the balance of the term of the lease shall (a) CONTENTS OF PLAN.—Section 1222(a)(2) of ‘‘If a health care business commences a case be a claim under section 502(b)(6); and’’. title 11, United States Code, is amended to read under chapter 7, 9, or 11, and the trustee does SEC. 1104. APPOINTMENT OF OMBUDSMAN TO as follows: not have a sufficient amount of funds to pay for ACT AS PATIENT ADVOCATE. ‘‘(2) provide for the full payment, in deferred the storage of patient records in the manner re- (a) IN GENERAL.— cash payments, of all claims entitled to priority quired under applicable Federal or State law, (1) APPOINTMENT OF OMBUDSMAN.—Sub- under section 507, unless— the following requirements shall apply: chapter II of chapter 3 of title 11, United States ‘‘(A) the claim is a claim owed to a govern- ‘‘(1) The trustee shall— Code, is amended by inserting after section 331 mental unit that arises as a result of the sale, ‘‘(A) promptly publish notice, in 1 or more ap- the following: transfer, exchange, or other disposition of any propriate newspapers, that if patient records are ‘‘§ 332. Appointment of ombudsman farm asset used in the debtor’s farming oper- not claimed by the patient or an insurance pro- ‘‘(a) IN GENERAL.— ation, in which case the claim shall be treated vider (if applicable law permits the insurance ‘‘(1) AUTHORITY TO APPOINT.—Not later than as an unsecured claim that is not entitled to pri- provider to make that claim) by the date that is 30 days after a case is commenced by a health ority under section 507, but the debt shall be 365 days after the date of that notification, the care business under chapter 7, 9, or 11, the court treated in such manner only if the debtor re- trustee will destroy the patient records; and shall order the appointment of an ombudsman ceives a discharge; or ‘‘(B) during the first 180 days of the 365-day to monitor the quality of patient care to rep- ‘‘(B) the holder of a particular claim agrees to period described in subparagraph (A), promptly resent the interests of the patients of the health a different treatment of that claim;’’. attempt to notify directly each patient that is care business, unless the court finds that the (b) SPECIAL NOTICE PROVISIONS.—Section the subject of the patient records and appro- appointment of the ombudsman is not necessary 1231(b) of title 11, United States Code, as so des- priate insurance carrier concerning the patient for the protection of patients under the specific ignated by this Act, is amended by striking ‘‘a records by mailing to the last known address of facts of the case. State or local governmental unit’’ and inserting that patient, or a family member or contact per- ‘‘(2) QUALIFICATIONS.—If the court orders the ‘‘any governmental unit’’. son for that patient, and to the appropriate in- appointment of an ombudsman, the United TITLE XI—HEALTH CARE AND EMPLOYEE surance carrier an appropriate notice regarding States trustee shall appoint 1 disinterested per- BENEFITS the claiming or disposing of patient records. son, other than the United States trustee, to SEC. 1101. DEFINITIONS. ‘‘(2) If, after providing the notification under serve as an ombudsman, including a person who (a) HEALTH CARE BUSINESS DEFINED.—Section paragraph (1), patient records are not claimed is serving as a State Long-Term Care Ombuds- 101 of title 11, United States Code, is amended— during the 365-day period described under that man appointed under title III or VII of the (1) by redesignating paragraph (27A), as paragraph, the trustee shall mail, by certified Older Americans Act of 1965 (42 U.S.C. 3021 et added by this Act, as paragraph (27B); and mail, at the end of such 365-day period a written seq., 3058 et seq.). (2) by inserting after paragraph (27) the fol- request to each appropriate Federal agency to ‘‘(b) DUTIES.—An ombudsman appointed lowing: request permission from that agency to deposit under subsection (a) shall— ‘‘(27A) ‘health care business’— the patient records with that agency, except ‘‘(1) monitor the quality of patient care, to the ‘‘(A) means any public or private entity (with- that no Federal agency is required to accept pa- extent necessary under the circumstances, in- out regard to whether that entity is organized tient records under this paragraph. cluding interviewing patients and physicians;

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00176 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22333 ‘‘(2) not later than 60 days after the date of (4) in each of paragraphs (35A) and (38), by (1) in paragraph (1), by inserting ‘‘student’’ appointment, and not less frequently than every striking ‘‘; and’’ at the end and inserting a pe- before ‘‘grant’’ the second place it appears; and 60 days thereafter, report to the court, at a riod; (2) in paragraph (2), by striking ‘‘the program hearing or in writing, regarding the quality of (5) in paragraph (51B)— operated under part B, D, or E of’’ and insert- patient care at the health care business in- (A) by inserting ‘‘who is not a family farmer’’ ing ‘‘any program operated under’’. volved; and after ‘‘debtor’’ the first place it appears; and SEC. 1212. PROPERTY OF THE ESTATE. ‘‘(3) if the ombudsman determines that the (B) by striking ‘‘thereto having aggregate’’ Section 541(b)(4)(B)(ii) of title 11, United quality of patient care is declining significantly and all that follows through the end of the States Code, is amended by inserting ‘‘365 or’’ or is otherwise being materially compromised, paragraph; before ‘‘542’’. (6) by striking paragraph (54) and inserting notify the court by motion or written report, SEC. 1213. PREFERENCES. the following: with notice to appropriate parties in interest, (a) IN GENERAL.—Section 547 of title 11, immediately upon making that determination. ‘‘(54) The term ‘transfer’ means— ‘‘(A) the creation of a lien; United States Code, as amended by this Act, is ‘‘(c) CONFIDENTIALITY.—An ombudsman shall ‘‘(B) the retention of title as a security inter- amended— maintain any information obtained by the om- est; (1) in subsection (b), by striking ‘‘subsection budsman under this section that relates to pa- ‘‘(C) the foreclosure of a debtor’s equity of re- (c)’’ and inserting ‘‘subsections (c) and (i)’’; and tients (including information relating to patient demption; or (2) by adding at the end the following: records) as confidential information. The om- ‘‘(D) each mode, direct or indirect, absolute or ‘‘(i) If the trustee avoids under subsection (b) budsman may not review confidential patient conditional, voluntary or involuntary, of dis- a transfer made between 90 days and 1 year be- records, unless the court provides prior ap- posing of or parting with— fore the date of the filing of the petition, by the proval, with restrictions on the ombudsman to ‘‘(i) property; or debtor to an entity that is not an insider for the protect the confidentiality of patient records.’’. ‘‘(ii) an interest in property.’’; and benefit of a creditor that is an insider, such (2) CLERICAL AMENDMENT.—The table of sec- (7) in each of paragraphs (1) through (35), in transfer shall be considered to be avoided under tions for chapter 3 of title 11, United States each of paragraphs (36) and (37), and in each of this section only with respect to the creditor Code, is amended by inserting after the item re- paragraphs (40) through (55), by striking the that is an insider.’’. lating to section 331 the following: semicolon at the end and inserting a period. (b) APPLICABILITY.—The amendments made by ‘‘332. Appointment of ombudsman.’’. SEC. 1202. ADJUSTMENT OF DOLLAR AMOUNTS. this section shall apply to any case that is pend- (b) COMPENSATION OF OMBUDSMAN.—Section Section 104 of title 11, United States Code, as ing or commenced on or after the date of enact- 330(a)(1) of title 11, United States Code, is amended by section 322 of this Act, is amended ment of this Act. amended— by inserting ‘‘522(f)(3),’’ after ‘‘522(d),’’ each SEC. 1214. POSTPETITION TRANSACTIONS. (1) in the matter proceeding subparagraph place it appears. Section 549(c) of title 11, United States Code, (A), by inserting ‘‘an ombudsman appointed SEC. 1203. EXTENSION OF TIME. is amended— under section 331, or’’ before ‘‘a professional Section 108(c)(2) of title 11, United States (1) by inserting ‘‘an interest in’’ after ‘‘trans- person’’; and Code, is amended by striking ‘‘922’’ and all that fer of’’ each place it appears; (2) in subparagraph (A), by inserting ‘‘om- follows through ‘‘or’’, and inserting ‘‘922, 1201, (2) by striking ‘‘such property’’ and inserting budsman,’’ before ‘‘professional person’’. or’’. ‘‘such real property’’; and (3) by striking ‘‘the interest’’ and inserting SEC. 1105. DEBTOR IN POSSESSION; DUTY OF SEC. 1204. TECHNICAL AMENDMENTS. TRUSTEE TO TRANSFER PATIENTS. Title 11, United States Code, is amended— ‘‘such interest’’. (a) IN GENERAL.—Section 704(a) of title 11, (1) in section 109(b)(2), by striking ‘‘subsection SEC. 1215. DISPOSITION OF PROPERTY OF THE United States Code, as amended by this Act, is (c) or (d) of’’; and ESTATE. amended by adding at the end the following: (2) in section 552(b)(1), by striking ‘‘product’’ Section 726(b) of title 11, United States Code, ‘‘(11) use all reasonable and best efforts to each place it appears and inserting ‘‘products’’. is amended by striking ‘‘1009,’’. transfer patients from a health care business SEC. 1205. PENALTY FOR PERSONS WHO NEG- SEC. 1216. GENERAL PROVISIONS. that is in the process of being closed to an ap- LIGENTLY OR FRAUDULENTLY PRE- Section 901(a) of title 11, United States Code, propriate health care business that— PARE BANKRUPTCY PETITIONS. as amended by this Act, is amended by inserting ‘‘(A) is in the vicinity of the health care busi- Section 110(j)(4) of title 11, United States ‘‘1123(d),’’ after ‘‘1123(b),’’. ness that is closing; Code, as so designated by this Act, is amended SEC. 1217. ABANDONMENT OF RAILROAD LINE. ‘‘(B) provides the patient with services that by striking ‘‘attorney’s’’ and inserting ‘‘attor- Section 1170(e)(1) of title 11, United States are substantially similar to those provided by neys’ ’’. Code, is amended by striking ‘‘section 11347’’ the health care business that is in the process of SEC. 1206. LIMITATION ON COMPENSATION OF and inserting ‘‘section 11326(a)’’. being closed; and PROFESSIONAL PERSONS. SEC. 1218. CONTENTS OF PLAN. ‘‘(C) maintains a reasonable quality of care.’’. Section 328(a) of title 11, United States Code, Section 1172(c)(1) of title 11, United States (b) CONFORMING AMENDMENT.—Section is amended by inserting ‘‘on a fixed or percent- Code, is amended by striking ‘‘section 11347’’ 1106(a)(1) of title 11, United States Code, is age fee basis,’’ after ‘‘hourly basis,’’. and inserting ‘‘section 11326(a)’’. amended by striking ‘‘sections 704(2), 704(5), SEC. 1207. EFFECT OF CONVERSION. 704(7), 704(8), and 704(9)’’ and inserting ‘‘para- SEC. 1219. DISCHARGE UNDER CHAPTER 12. Section 348(f)(2) of title 11, United States Subsections (a) and (c) of section 1228 of title graphs (2), (5), (7), (8), (9), and (11) of section Code, is amended by inserting ‘‘of the estate’’ 11, United States Code, are amended by striking 704(a)’’. after ‘‘property’’ the first place it appears. ‘‘1222(b)(10)’’ each place it appears and insert- SEC. 1106. EXCLUSION FROM PROGRAM PARTICI- SEC. 1208. ALLOWANCE OF ADMINISTRATIVE EX- ing ‘‘1222(b)(9)’’. PATION NOT SUBJECT TO AUTO- PENSES. MATIC STAY. SEC. 1220. BANKRUPTCY CASES AND PRO- Section 503(b)(4) of title 11, United States CEEDINGS. Section 362(b) of title 11, United States Code, Code, is amended by inserting ‘‘subparagraph is amended by inserting after paragraph (28), as Section 1334(d) of title 28, United States Code, (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph is amended— added by this Act, the following: (3)’’. ‘‘(29) under subsection (a), of the exclusion by (1) by striking ‘‘made under this subsection’’ SEC. 1209. EXCEPTIONS TO DISCHARGE. the Secretary of Health and Human Services of and inserting ‘‘made under subsection (c)’’; and Section 523 of title 11, United States Code, as the debtor from participation in the medicare (2) by striking ‘‘This subsection’’ and insert- amended by this Act, is amended— program or any other Federal health care pro- ing ‘‘Subsection (c) and this subsection’’. (1) by transferring paragraph (15), as added SEC. 1221. KNOWING DISREGARD OF BANK- gram (as defined in section 1128B(f) of the So- by section 304(e) of Public Law 103–394 (108 cial Security Act (42 U.S.C. 1320a–7b(f)) pursu- RUPTCY LAW OR RULE. Stat. 4133), so as to insert such paragraph after Section 156(a) of title 18, United States Code, ant to title XI of such Act (42 U.S.C. 1301 et subsection (a)(14); seq.) or title XVIII of such Act (42 U.S.C. 1395 is amended— (2) in subsection (a)(9), by striking ‘‘motor ve- (1) in the first undesignated paragraph— et seq.).’’. hicle’’ and inserting ‘‘motor vehicle, vessel, or (A) by inserting ‘‘(1) the term’’ before ‘‘ ‘bank- TITLE XII—TECHNICAL AMENDMENTS aircraft’’; and ruptcy’’; and SEC. 1201. DEFINITIONS. (3) in subsection (e), by striking ‘‘a insured’’ (B) by striking the period at the end and in- Section 101 of title 11, United States Code, as and inserting ‘‘an insured’’. serting ‘‘; and’’; and amended by this Act, is amended— SEC. 1210. EFFECT OF DISCHARGE. (2) in the second undesignated paragraph— (1) by striking ‘‘In this title—’’ and inserting Section 524(a)(3) of title 11, United States (A) by inserting ‘‘(2) the term’’ before ‘‘ ‘docu- ‘‘In this title the following definitions shall Code, is amended by striking ‘‘section 523’’ and ment’’; and apply:’’; all that follows through ‘‘or that’’ and inserting (B) by striking ‘‘this title’’ and inserting ‘‘title (2) in each paragraph, by inserting ‘‘The ‘‘section 523, 1228(a)(1), or 1328(a)(1), or that’’. 11’’. term’’ after the paragraph designation; SEC. 1211. PROTECTION AGAINST DISCRIMINA- SEC. 1222. TRANSFERS MADE BY NONPROFIT (3) in paragraph (35)(B), by striking ‘‘para- TORY TREATMENT. CHARITABLE CORPORATIONS. graphs (21B) and (33)(A)’’ and inserting ‘‘para- Section 525(c) of title 11, United States Code, (a) SALE OF PROPERTY OF ESTATE.—Section graphs (23) and (35)’’; is amended— 363(d) of title 11, United States Code, is amended

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00177 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 22334 CONGRESSIONAL RECORD—HOUSE October 11, 2000 by striking ‘‘only’’ and all that follows through in section 152(a)(1) of title 28, United States (2) in paragraph (2)— the end of the subsection and inserting ‘‘only— Code, for the appointment of bankruptcy judges (A) in the item relating to the middle district ‘‘(1) in accordance with applicable nonbank- provided for in section 152(a)(2) of such title: of Georgia, by striking ‘‘2’’ and inserting ‘‘3’’; ruptcy law that governs the transfer of property (A) One additional bankruptcy judgeship for and by a corporation or trust that is not a moneyed, the eastern district of California. (B) in the collective item relating to the middle business, or commercial corporation or trust; (B) Four additional bankruptcy judgeships for and southern districts of Georgia, by striking and the central district of California. ‘‘Middle and Southern ...... 1’’. ‘‘(2) to the extent not inconsistent with any (C) One additional bankruptcy judgeship for (e) EFFECTIVE DATE.—The amendments made relief granted under subsection (c), (d), (e), or the district of Delaware. by this section shall take effect on the date of (f) of section 362.’’. (D) Two additional bankruptcy judgeships for enactment of this Act. (b) CONFIRMATION OF PLAN FOR REORGANIZA- the southern district of Florida. SEC. 1226. COMPENSATING TRUSTEES. TION.—Section 1129(a) of title 11, United States (E) One additional bankruptcy judgeship for Section 1326 of title 11, United States Code, is Code, as amended by this Act, is amended by the southern district of Georgia. amended— adding at the end the following: (F) Two additional bankruptcy judgeships for (1) in subsection (b)— ‘‘(16) All transfers of property of the plan the district of Maryland. (A) in paragraph (1), by striking ‘‘and’’; shall be made in accordance with any applicable (G) One additional bankruptcy judgeship for (B) in paragraph (2), by striking the period at provisions of nonbankruptcy law that govern the eastern district of Michigan. the end and inserting ‘‘; and’’; and the transfer of property by a corporation or (H) One additional bankruptcy judgeship for (C) by adding at the end the following: trust that is not a moneyed, business, or com- the southern district of Mississippi. ‘‘(3) if a chapter 7 trustee has been allowed mercial corporation or trust.’’. (I) One additional bankruptcy judgeship for compensation due to the conversion or dismissal (c) TRANSFER OF PROPERTY.—Section 541 of the district of New Jersey. of the debtor’s prior case pursuant to section title 11, United States Code, as amended by this (J) One additional bankruptcy judgeship for 707(b), and some portion of that compensation Act, is amended by adding at the end the fol- the eastern district of New York. remains unpaid in a case converted to this lowing: (K) One additional bankruptcy judgeship for chapter or in the case dismissed under section ‘‘(g) Notwithstanding any other provision of the northern district of New York. 707(b) and refiled under this chapter, the this title, property that is held by a debtor that (L) One additional bankruptcy judgeship for amount of any such unpaid compensation, is a corporation described in section 501(c)(3) of the southern district of New York. which shall be paid monthly— the Internal Revenue Code of 1986 and exempt (M) One additional bankruptcy judgeship for ‘‘(A) by prorating such amount over the re- from tax under section 501(a) of such Code may the eastern district of North Carolina. maining duration of the plan; and be transferred to an entity that is not such a (N) One additional bankruptcy judgeship for ‘‘(B) by monthly payments not to exceed the corporation, but only under the same conditions the eastern district of Pennsylvania. greater of— as would apply if the debtor had not filed a case (O) One additional bankruptcy judgeship for ‘‘(i) $25; or under this title.’’. the middle district of Pennsylvania. ‘‘(ii) the amount payable to unsecured nonpri- (d) APPLICABILITY.—The amendments made by (P) One additional bankruptcy judgeship for ority creditors, as provided by the plan, multi- this section shall apply to a case pending under the district of Puerto Rico. plied by 5 percent, and the result divided by the title 11, United States Code, on the date of en- (Q) One additional bankruptcy judgeship for number of months in the plan.’’; and actment of this Act, or filed under that title on the western district of Tennessee. (2) by adding at the end the following: or after that date of enactment, except that the (R) One additional bankruptcy judgeship for ‘‘(d) Notwithstanding any other provision of court shall not confirm a plan under chapter 11 the eastern district of Virginia. this title— of title 11, United States Code, without consid- (2) VACANCIES.—The first vacancy occurring ‘‘(1) compensation referred to in subsection ering whether this section would substantially in the office of a bankruptcy judge in each of (b)(3) is payable and may be collected by the affect the rights of a party in interest who first the judicial districts set forth in paragraph (1) trustee under that paragraph, even if such acquired rights with respect to the debtor after shall not be filled if the vacancy— amount has been discharged in a prior pro- the date of the petition. The parties who may (A) results from the death, retirement, res- ceeding under this title; and appear and be heard in a proceeding under this ignation, or removal of a bankruptcy judge; and ‘‘(2) such compensation is payable in a case section include the attorney general of the State (B) occurs 5 years or more after the appoint- under this chapter only to the extent permitted in which the debtor is incorporated, was formed, ment date of a bankruptcy judge appointed by subsection (b)(3).’’. under paragraph (1). or does business. SEC. 1227. AMENDMENT TO SECTION 362 OF TITLE (e) RULE OF CONSTRUCTION.—Nothing in this (c) EXTENSIONS.— 11, UNITED STATES CODE. (1) IN GENERAL.—The temporary bankruptcy section shall be construed to require the court in Section 362(b)(18) of title 11, United States judgeship positions authorized for the northern which a case under chapter 11 of title 11, United Code, is amended to read as follows: States Code, is pending to remand or refer any district of Alabama, the district of Delaware, the ‘‘(18) under subsection (a) of the creation or proceeding, issue, or controversy to any other district of Puerto Rico, the district of South perfection of a statutory lien for an ad valorem court or to require the approval of any other Carolina, and the eastern district of Tennessee property tax, or a special tax or special assess- court for the transfer of property. under paragraphs (1), (3), (7), (8), and (9) of sec- ment on real property whether or not ad valo- SEC. 1223. PROTECTION OF VALID PURCHASE tion 3(a) of the Bankruptcy Judgeship Act of rem, imposed by a governmental unit, if such MONEY SECURITY INTERESTS. 1992 (28 U.S.C. 152 note) are extended until the tax or assessment comes due after the filing of Section 547(c)(3)(B) of title 11, United States first vacancy occurring in the office of a bank- the petition;’’. ruptcy judge in the applicable district resulting Code, is amended by striking ‘‘20’’ and inserting SEC. 1228. JUDICIAL EDUCATION. ‘‘30’’. from the death, retirement, resignation, or re- The Director of the Federal Judicial Center, in SEC. 1224. EXTENSIONS. moval of a bankruptcy judge and occurring— (A) 8 years or more after November 8, 1993, consultation with the Director of the Executive Section 302(d)(3) of the Bankruptcy, Judges, Office for United States Trustees, shall develop United States Trustees, and Family Farmer with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, materials and conduct such training as may be Bankruptcy Act of 1986 (28 U.S.C. 581 note) is useful to courts in implementing this Act and amended— with respect to the district of Delaware; (C) 8 years or more after August 29, 1994, with the amendments made by this Act, including the (1) in subparagraph (A), in the matter fol- requirements relating to the means test and re- lowing clause (ii), by striking ‘‘or October 1, respect to the district of Puerto Rico; (D) 8 years or more after June 27, 1994, with affirmations under section 707(b) of title 11, 2002, whichever occurs first’’; and United States Code, as amended by this Act. (2) in subparagraph (F)— respect to the district of South Carolina; and (A) in clause (i)— (E) 8 years or more after November 23, 1993, SEC. 1229. RECLAMATION. (i) in subclause (II), by striking ‘‘or October 1, with respect to the eastern district of Tennessee. (a) RIGHTS AND POWERS OF THE TRUSTEE.— 2002, whichever occurs first’’; and (2) APPLICABILITY OF OTHER PROVISIONS.—All Section 546(c) of title 11, United States Code, is (ii) in the matter following subclause (II), by other provisions of section 3 of the Bankruptcy amended to read as follows: striking ‘‘October 1, 2003, or’’; and Judgeship Act of 1992 (28 U.S.C. 152 note) re- ‘‘(c)(1) Except as provided in subsection (d) of (B) in clause (ii), in the matter following sub- main applicable to temporary judgeship posi- this section and subsection (c) of section 507, clause (II)— tions referred to in this subsection. and subject to the prior rights of holders of se- (i) by striking ‘‘before October 1, 2003, or’’; (d) TECHNICAL AMENDMENTS.—Section 152(a) curity interests in such goods or the proceeds and of title 28, United States Code, is amended— thereof, the rights and powers of the trustee (ii) by striking ‘‘, whichever occurs first’’. (1) in paragraph (1), by striking the first sen- under sections 544(a), 545, 547, and 549 are sub- SEC. 1225. BANKRUPTCY JUDGESHIPS. tence and inserting the following: ‘‘Each bank- ject to the right of a seller of goods that has sold (a) SHORT TITLE.—This section may be cited ruptcy judge to be appointed for a judicial dis- goods to the debtor, in the ordinary course of as the ‘‘Bankruptcy Judgeship Act of 2000’’. trict, as provided in paragraph (2), shall be ap- such seller’s business, to reclaim such goods if (b) TEMPORARY JUDGESHIPS.— pointed by the United States court of appeals the debtor has received such goods while insol- (1) APPOINTMENTS.—The following judgeship for the circuit in which such district is lo- vent, not later than 45 days after the date of the positions shall be filled in the manner prescribed cated.’’; and commencement of a case under this title, but

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00178 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22335 such seller may not reclaim such goods unless SEC. 1232. PROPERTY NO LONGER SUBJECT TO (1) by striking subsection (d) and inserting the such seller demands in writing reclamation of REDEMPTION. following: such goods— Section 541(b) of title 11, United States Code, ‘‘(d)(1) In a case in which the appeal is heard ‘‘(A) not later than 45 days after the date of is amended by inserting after paragraph (8), as by the district court, the judgment, decision, receipt of such goods by the debtor; or added by this Act, the following: order, or decree of the bankruptcy judge shall be ‘‘(B) not later than 20 days after the date of ‘‘(9) subject to subchapter III of chapter 5, deemed a judgment, decision, order, or decree of commencement of the case, if the 45-day period any interest of the debtor in property where the the district court entered 31 days after such ap- expires after the commencement of the case. debtor pledged or sold tangible personal prop- peal is filed with the district court, unless not ‘‘(2) If a seller of goods fails to provide notice erty (other than securities or written or printed later than 30 days after such appeal is filed with in the manner described in paragraph (1), the evidences of indebtedness or title) as collateral the district court— seller still may assert the rights contained in for a loan or advance of money given by a per- ‘‘(A) the district court— section 503(b)(7).’’. son licensed under law to make such loans or ‘‘(i) files a decision on the appeal from the advances, where— judgment, decision, order, or decree of the bank- (b) ADMINISTRATIVE EXPENSES.—Section 503(b) ‘‘(A) the tangible personal property is in the of title 11, United States Code, as amended by ruptcy judge; or possession of the pledgee or transferee; ‘‘(ii) enters an order extending such 30-day this Act, is amended by adding at the end the ‘‘(B) the debtor has no obligation to repay the period for cause upon motion of a party or upon following: money, redeem the collateral, or buy back the the court’s own motion; or ‘‘(10) the value of any goods received by the property at a stipulated price; and ‘‘(B) all parties to the appeal file written con- debtor not later than 20 days after the date of ‘‘(C) neither the debtor nor the trustee have sent that the district court may retain such ap- commencement of a case under this title in exercised any right to redeem provided under peal until it enters a decision. which the goods have been sold to the debtor in the contract or State law, in a timely manner as ‘‘(2) For the purpose of this subsection, an ap- the ordinary course of such debtor’s business.’’. provided under State law and section 108(b) of peal shall be considered filed with the district SEC. 1230. PROVIDING REQUESTED TAX DOCU- this title; or’’. court on the date on which the notice of appeal MENTS TO THE COURT. SEC. 1233. TRUSTEES. is filed, except that in a case in which the ap- (a) CHAPTER 7 CASES.—The court shall not (a) SUSPENSION AND TERMINATION OF PANEL peal is heard by the district court because a grant a discharge in the case of an individual TRUSTEES AND STANDING TRUSTEES.—Section party has made an election under subsection seeking bankruptcy under chapter 7 of title 11, 586(d) of title 28, United States Code, is amend- (c)(1)(B), the appeal shall be considered filed United States Code, unless requested tax docu- ed— with the district court on the date on which ments have been provided to the court. (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and such election is made. (b) CHAPTER 11 AND CHAPTER 13 CASES.—The (2) by adding at the end the following: ‘‘(e) The courts of appeals shall have jurisdic- court shall not confirm a plan of reorganization ‘‘(2) A trustee whose appointment under sub- tion of appeals from— in the case of an individual under chapter 11 or section (a)(1) or under subsection (b) is termi- ‘‘(1) all final judgments, decisions, orders, and 13 of title 11, United States Code, unless re- nated or who ceases to be assigned to cases filed decrees of district courts entered under sub- quested tax documents have been filed with the under title 11, United States Code, may obtain section (a); court. judicial review of the final agency decision by ‘‘(2) all final judgments, decisions, orders, and (c) DOCUMENT RETENTION.—The court shall commencing an action in the United States dis- decrees of bankruptcy appellate panels entered destroy documents submitted in support of a trict court for the district for which the panel to under subsection (b); and bankruptcy claim not sooner than 3 years after which the trustee is appointed under subsection ‘‘(3) all judgments, decisions, orders, and de- the date of the conclusion of a bankruptcy case (a)(1), or in the United States district court for crees of district courts entered under subsection filed by an individual under chapter 7, 11, or 13 the district in which the trustee is appointed (d) to the extent that such judgments, decisions, of title 11, United States Code. In the event of under subsection (b) resides, after first exhaust- orders, and decrees would be reviewable by a a pending audit or enforcement action, the ing all available administrative remedies, which district court under subsection (a). court may extend the time for destruction of if the trustee so elects, shall also include an ad- ‘‘(f) In accordance with rules prescribed by such requested tax documents. ministrative hearing on the record. Unless the the Supreme Court of the United States under sections 2072 through 2077, the court of appeals SEC. 1231. ENCOURAGING CREDITWORTHINESS. trustee elects to have an administrative hearing on the record, the trustee shall be deemed to may, in its discretion, exercise jurisdiction over (a) SENSE OF THE CONGRESS.—It is the sense of an appeal from an interlocutory judgment, deci- the Congress that— have exhausted all administrative remedies for purposes of this paragraph if the agency fails to sion, order, or decree under subsection (e)(3).’’. (1) certain lenders may sometimes offer credit make a final agency decision within 90 days (b) TECHNICAL AND CONFORMING AMEND- to consumers indiscriminately, without taking after the trustee requests administrative rem- MENTS.— steps to ensure that consumers are capable of re- edies. The Attorney General shall prescribe pro- (1) Section 305(c) of title 11, United States paying the resulting debt, and in a manner cedures to implement this paragraph. The deci- Code, is amended by striking ‘‘section 158(d)’’ which may encourage certain consumers to ac- sion of the agency shall be affirmed by the dis- and inserting ‘‘subsection (e) or (f) of section cumulate additional debt; and trict court unless it is unreasonable and without 158’’. (2) resulting consumer debt may increasingly cause based on the administrative record before (2) Section 1334(d) of title 28, United States be a major contributing factor to consumer in- the agency.’’. Code, is amended by striking ‘‘section 158(d)’’ solvency. (b) EXPENSES OF STANDING TRUSTEES.—Sec- and inserting ‘‘subsection (e) or (f) of section (b) STUDY REQUIRED.—The Board of Gov- tion 586(e) of title 28, United States Code, is 158’’. ernors of the Federal Reserve System (hereafter amended by adding at the end the following: (3) Section 1452(b) of title 28, United States in this section referred to as the ‘‘Board’’) shall ‘‘(3) After first exhausting all available ad- Code, is amended by striking ‘‘section 158(d)’’ conduct a study of— ministrative remedies, an individual appointed and inserting ‘‘subsection (e) or (f) of section (1) consumer credit industry practices of solic- under subsection (b) may obtain judicial review 158’’. iting and extending credit— of final agency action to deny a claim of actual, SEC. 1236. EXEMPTIONS. (A) indiscriminately; necessary expenses under this subsection by Section 522(g)(2) of title 11, United States (B) without taking steps to ensure that con- commencing an action in the United States dis- Code, is amended by striking ‘‘subsection (f)(2)’’ sumers are capable of repaying the resulting trict court in the district where the individual and inserting ‘‘subsection (f)(1)(B)’’. debt; and resides. The decision of the agency shall be af- TITLE XIII—CONSUMER CREDIT (C) in a manner that encourages consumers to firmed by the district court unless it is unrea- DISCLOSURE accumulate additional debt; and sonable and without cause based upon the ad- SEC. 1301. ENHANCED DISCLOSURES UNDER AN (2) the effects of such practices on consumer ministrative record before the agency. OPEN END CREDIT PLAN. debt and insolvency. ‘‘(4) The Attorney General shall prescribe pro- (a) MINIMUM PAYMENT DISCLOSURES.—Section (c) REPORT AND REGULATIONS.—Not later than cedures to implement this subsection.’’. 127(b) of the Truth in Lending Act (15 U.S.C. 12 months after the date of enactment of this SEC. 1234. BANKRUPTCY FORMS. 1637(b)) is amended by adding at the end the Act, the Board— Section 2075 of title 28, United States Code, is following: (1) shall make public a report on its findings amended by adding at the end the following: ‘‘(11)(A) In the case of an open end credit with respect to the indiscriminate solicitation ‘‘The bankruptcy rules promulgated under this plan that requires a minimum monthly payment and extension of credit by the credit industry; section shall prescribe a form for the statement of not more than 4 percent of the balance on (2) may issue regulations that would require required under section 707(b)(2)(C) of title 11 which finance charges are accruing, the fol- additional disclosures to consumers; and and may provide general rules on the content of lowing statement, located on the front of the (3) may take any other actions, consistent such statement.’’. billing statement, disclosed clearly and con- with its existing statutory authority, that the SEC. 1235. EXPEDITED APPEALS OF BANKRUPTCY spicuously: ‘Minimum Payment Warning: Mak- Board finds necessary to ensure responsible in- CASES TO COURTS OF APPEALS. ing only the minimum payment will increase the dustrywide practices and to prevent resulting (a) IN GENERAL.—Section 158 of title 28, interest you pay and the time it takes to repay consumer debt and insolvency. United States Code, is amended— your balance. For example, making only the

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00179 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 22336 CONGRESSIONAL RECORD—HOUSE October 11, 2000 typical 2% minimum monthly payment on a bal- ‘‘(ii)(I) The Board shall establish and main- ‘‘(K) A creditor that maintains a toll-free tele- ance of $1,000 at an interest rate of 17% would tain for a period not to exceed 24 months fol- phone number for the purpose of providing cus- take 88 months to repay the balance in full. For lowing the effective date of the Bankruptcy Re- tomers with the actual number of months that it an estimate of the time it would take to repay form Act of 2000, a toll-free telephone number, will take to repay an outstanding balance shall your balance, making only minimum payments, or provide a toll-free telephone number estab- include the following statement on each billing call this toll-free number: llllll.’ (the lished and maintained by a third party, for use statement: ‘Making only the minimum payment blank space to be filled in by the creditor). by creditors that are depository institutions (as will increase the interest you pay and the time ‘‘(B) In the case of an open end credit plan defined in section 3 of the Federal Deposit In- it takes to repay your balance. For more infor- that requires a minimum monthly payment of surance Act), including a Federal credit union mation, call this toll-free number: llll.’ (the more than 4 percent of the balance on which fi- or State credit union (as defined in section 101 blank space to be filled in by the creditor).’’. nance charges are accruing, the following state- of the Federal Credit Union Act (12 U.S.C. (b) REGULATORY IMPLEMENTATION.— ment, in a prominent location on the front of 1752)), with total assets not exceeding (1) IN GENERAL.—The Board of Governors of the billing statement, disclosed clearly and con- $250,000,000. The toll-free telephone number may the Federal Reserve System (hereafter in this spicuously: ‘Minimum Payment Warning: Mak- connect consumers to an automated device title referred to as the ‘‘Board’’) shall promul- ing only the required minimum payment will in- through which consumers may obtain informa- gate regulations implementing the requirements crease the interest you pay and the time it takes tion described in subparagraph (A) or (B), as of section 127(b)(11) of the Truth in Lending to repay your balance. Making a typical 5% applicable, by inputting information using a Act, as added by subsection (a) of this section. minimum monthly payment on a balance of $300 touch-tone telephone or similar device, if con- (2) EFFECTIVE DATE.—Section 127(b)(11) of the at an interest rate of 17% would take 24 months sumers whose telephones are not equipped to Truth in Lending Act, as added by subsection to repay the balance in full. For an estimate of use such automated device are provided the op- (a) of this section, and the regulations issued the time it would take to repay your balance, portunity to be connected to an individual from under paragraph (1) of this subsection shall not making only minimum monthly payments, call whom the information described in subpara- take effect until the later of— this toll-free number: llllll.’ (the blank graph (A) or (B), as applicable, may be ob- (A) 18 months after the date of enactment of space to be filled in by the creditor). tained. A person that receives a request for in- this Act; or ‘‘(C) Notwithstanding subparagraphs (A) and formation described in subparagraph (A) or (B) (B) 12 months after the publication of such (B), in the case of a creditor with respect to from an obligor through the toll-free telephone final regulations by the Board. which compliance with this title is enforced by number disclosed under subparagraph (A) or (c) STUDY OF FINANCIAL DISCLOSURES.— the Federal Trade Commission, the following (B), as applicable, shall disclose in response to (1) IN GENERAL.—The Board may conduct a statement, in a prominent location on the front such request only the information set forth in study to determine the types of information of the billing statement, disclosed clearly and the table promulgated by the Board under sub- available to potential borrowers from consumer conspicuously: ‘Minimum Payment Warning: paragraph (H)(i). The dollar amount contained credit lending institutions regarding factors Making only the required minimum payment qualifying potential borrowers for credit, repay- will increase the interest you pay and the time in this subclause shall be adjusted according to an indexing mechanism established by the ment requirements, and the consequences of de- it takes to repay your balance. For example, fault. making only the typical 5% minimum monthly Board. ‘‘(II) Not later than 6 months prior to the ex- (2) FACTORS FOR CONSIDERATION.—In con- payment on a balance of $300 at an interest rate piration of the 24-month period referenced in ducting a study under paragraph (1), the Board of 17% would take 24 months to repay the bal- subclause (I), the Board shall submit to the should, in consultation with the other Federal ance in full. For an estimate of the time it would banking agencies (as defined in section 3 of the take to repay your balance, making only min- Committee on Banking, Housing, and Urban Af- fairs of the Senate and the Committee on Bank- Federal Deposit Insurance Act), the National imum monthly payments, call the Federal Trade Credit Union Administration, and the Federal Commission at this toll-free number: ing and Financial Services of the House of Rep- resentatives a report on the program described Trade Commission, consider the extent to llllll.’ (the blank space to be filled in by which— the creditor). A creditor who is subject to this in subclause (I). ‘‘(G) The Federal Trade Commission shall es- (A) consumers, in establishing new credit ar- subparagraph shall not be subject to subpara- tablish and maintain a toll-free number for the rangements, are aware of their existing payment graph (A) or (B). obligations, the need to consider those obliga- ‘‘(D) Notwithstanding subparagraph (A), (B), purpose of providing to consumers the informa- tion required to be disclosed under subpara- tions in deciding to take on new credit, and how or (C), in complying with any such subpara- taking on excessive credit can result in financial graph, a creditor may substitute an example graph (C). ‘‘(H) The Board shall— difficulty; based on an interest rate that is greater than 17 ‘‘(i) establish a detailed table illustrating the (B) minimum periodic payment features of- percent. Any creditor that is subject to subpara- approximate number of months that it would fered in connection with open end credit plans graph (B) may elect to provide the disclosure re- take to repay an outstanding balance if a con- impact consumer default rates; quired under subparagraph (A) in lieu of the sumer pays only the required minimum monthly (C) consumers make only the required min- disclosure required under subparagraph (B). payments and if no other advances are made, imum payment under open end credit plans; ‘‘(E) The Board shall, by rule, periodically re- which table shall clearly present standardized (D) consumers are aware that making only re- calculate, as necessary, the interest rate and re- information to be used to disclose the informa- quired minimum payments will increase the cost payment period under subparagraphs (A), (B), tion required to be disclosed under subpara- and repayment period of an open end credit ob- and (C). ligation; and ‘‘(F)(i) The toll-free telephone number dis- graph (A), (B), or (C), as applicable; ‘‘(ii) establish the table required under clause (E) the availability of low minimum payment closed by a creditor or the Federal Trade Com- options is a cause of consumers experiencing fi- mission under subparagraph (A), (B), or (G), as (i) by assuming— ‘‘(I) a significant number of different annual nancial difficulty. appropriate, may be a toll-free telephone num- percentage rates; (3) REPORT TO CONGRESS.—Findings of the ber established and maintained by the creditor ‘‘(II) a significant number of different account Board in connection with any study conducted or the Federal Trade Commission, as appro- balances; under this subsection shall be submitted to Con- priate, or may be a toll-free telephone number ‘‘(III) a significant number of different min- gress. Such report shall also include rec- established and maintained by a third party for imum payment amounts; and ommendations for legislative initiatives, if any, use by the creditor or multiple creditors or the ‘‘(IV) that only minimum monthly payments of the Board, based on its findings. Federal Trade Commission, as appropriate. The are made and no additional extensions of credit SEC. 1302. ENHANCED DISCLOSURE FOR CREDIT toll-free telephone number may connect con- are obtained; and EXTENSIONS SECURED BY A DWELL- sumers to an automated device through which ‘‘(iii) promulgate regulations that provide in- ING. consumers may obtain information described in structional guidance regarding the manner in (a) OPEN END CREDIT EXTENSIONS.— subparagraph (A), (B), or (C), by inputting in- which the information contained in the table es- (1) CREDIT APPLICATIONS.—Section 127A(a)(13) formation using a touch-tone telephone or simi- tablished under clause (i) should be used in re- of the Truth in Lending Act (15 U.S.C. lar device, if consumers whose telephones are sponding to the request of an obligor for any in- 1637a(a)(13)) is amended— not equipped to use such automated device are formation required to be disclosed under sub- (A) by striking ‘‘CONSULTATION OF TAX AD- provided the opportunity to be connected to an paragraph (A), (B), or (C). VISER.—A statement that the’’ and inserting the individual from whom the information described ‘‘(I) The disclosure requirements of this para- following: ‘‘TAX DEDUCTIBILITY.—A statement in subparagraph (A), (B), or (C), as applicable, graph do not apply to any charge card account, that— may be obtained. A person that receives a re- the primary purpose of which is to require pay- ‘‘(A) the’’; and quest for information described in subparagraph ment of charges in full each month. (B) by striking the period at the end and in- (A), (B), or (C) from an obligor through the toll- ‘‘(J) A creditor that maintains a toll-free tele- serting the following: ‘‘; and free telephone number disclosed under subpara- phone number for the purpose of providing cus- ‘‘(B) in any case in which the extension of graph (A), (B), or (C), as applicable, shall dis- tomers with the actual number of months that it credit exceeds the fair market value (as defined close in response to such request only the infor- will take to repay the customer’s outstanding under the Internal Revenue Code of 1986) of the mation set forth in the table promulgated by the balance is not subject to the requirements of dwelling, the interest on the portion of the cred- Board under subparagraph (H)(i). subparagraph (A) or (B). it extension that is greater than the fair market

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00180 Fmt 0688 Sfmt 6333 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22337 value of the dwelling is not tax deductible for U.S.C. 1637(c)) is amended by adding at the end be construed to supersede subsection (a) of sec- Federal income tax purposes.’’. the following: tion 122, or any disclosure required by para- (2) CREDIT ADVERTISEMENTS.—Section 147(b) ‘‘(6) ADDITIONAL NOTICE CONCERNING ‘INTRO- graph (1) or any other provision of this sub- of the Truth in Lending Act (15 U.S.C. DUCTORY RATES’.— section.’’. 1665b(b)) is amended— ‘‘(A) IN GENERAL.—Except as provided in sub- (b) REGULATORY IMPLEMENTATION.— (A) by striking ‘‘If any’’ and inserting the fol- paragraph (B), an application or solicitation to (1) IN GENERAL.—The Board shall promulgate lowing: open a credit card account and all promotional regulations implementing the requirements of ‘‘(1) IN GENERAL.—If any’’; and materials accompanying such application or so- section 127(c)(6) of the Truth in Lending Act, as (B) by adding at the end the following: licitation for which a disclosure is required added by this section. ‘‘(2) CREDIT IN EXCESS OF FAIR MARKET under paragraph (1), and that offers a tem- (2) EFFECTIVE DATE.—Section 127(c)(6) of the VALUE.—Each advertisement described in sub- porary annual percentage rate of interest, Truth in Lending Act, as added by this section, section (a) that relates to an extension of credit shall— and regulations issued under paragraph (1) of that may exceed the fair market value of the ‘‘(i) use the term ‘introductory’ in immediate this subsection shall not take effect until the dwelling, and which advertisement is dissemi- proximity to each listing of the temporary an- later of— nated in paper form to the public or through the nual percentage rate applicable to such ac- (A) 12 months after the date of enactment of Internet, as opposed to by radio or television, count, which term shall appear clearly and con- this Act; or shall include a clear and conspicuous statement spicuously; (B) 12 months after the date of publication of that— ‘‘(ii) if the annual percentage rate of interest such final regulations by the Board. ‘‘(A) the interest on the portion of the credit that will apply after the end of the temporary SEC. 1304. INTERNET-BASED CREDIT CARD SO- extension that is greater than the fair market rate period will be a fixed rate, state in a clear LICITATIONS. value of the dwelling is not tax deductible for and conspicuous manner in a prominent loca- (a) INTERNET-BASED APPLICATIONS AND SO- Federal income tax purposes; and tion closely proximate to the first listing of the LICITATIONS.—Section 127(c) of the Truth in ‘‘(B) the consumer should consult a tax ad- temporary annual percentage rate (other than a Lending Act (15 U.S.C. 1637(c)) is amended by viser for further information regarding the de- listing of the temporary annual percentage rate adding at the end the following: ductibility of interest and charges.’’. in the tabular format described in section ‘‘(7) INTERNET-BASED APPLICATIONS AND SO- (b) NON-OPEN END CREDIT EXTENSIONS.— 122(c)), the time period in which the introduc- LICITATIONS.— (1) CREDIT APPLICATIONS.—Section 128 of the tory period will end and the annual percentage ‘‘(A) IN GENERAL.—In any solicitation to open Truth in Lending Act (15 U.S.C. 1638) is amend- rate that will apply after the end of the intro- a credit card account for any person under an ed— ductory period; and open end consumer credit plan using the Inter- (A) in subsection (a), by adding at the end the ‘‘(iii) if the annual percentage rate that will net or other interactive computer service, the following: apply after the end of the temporary rate period person making the solicitation shall clearly and ‘‘(15) In the case of a consumer credit trans- will vary in accordance with an index, state in conspicuously disclose— action that is secured by the principal dwelling a clear and conspicuous manner in a prominent ‘‘(i) the information described in subpara- of the consumer, in which the extension of cred- location closely proximate to the first listing of graphs (A) and (B) of paragraph (1); and it may exceed the fair market value of the dwell- the temporary annual percentage rate (other ‘‘(ii) the information described in paragraph ing, a clear and conspicuous statement that— than a listing in the tabular format prescribed (6). ‘‘(A) the interest on the portion of the credit by section 122(c)), the time period in which the ‘‘(B) FORM OF DISCLOSURE.—The disclosures extension that is greater than the fair market introductory period will end and the rate that required by subparagraph (A) shall be— value of the dwelling is not tax deductible for will apply after that, based on an annual per- ‘‘(i) readily accessible to consumers in close Federal income tax purposes; and centage rate that was in effect within 60 days proximity to the solicitation to open a credit ‘‘(B) the consumer should consult a tax ad- before the date of mailing the application or so- card account; and ‘‘(ii) updated regularly to reflect the current viser for further information regarding the de- licitation. policies, terms, and fee amounts applicable to ductibility of interest and charges.’’; and ‘‘(B) EXCEPTION.—Clauses (ii) and (iii) of sub- the credit card account. (B) in subsection (b), by adding at the end the paragraph (A) do not apply with respect to any ‘‘(C) DEFINITIONS.—For purposes of this para- following: listing of a temporary annual percentage rate graph— ‘‘(3) In the case of a credit transaction de- on an envelope or other enclosure in which an ‘‘(i) the term ‘Internet’ means the inter- scribed in paragraph (15) of subsection (a), dis- application or solicitation to open a credit card national computer network of both Federal and closures required by that paragraph shall be account is mailed. non-Federal interoperable packet switched data made to the consumer at the time of application ‘‘(C) CONDITIONS FOR INTRODUCTORY RATES.— networks; and for such extension of credit.’’. An application or solicitation to open a credit card account for which a disclosure is required ‘‘(ii) the term ‘interactive computer service’ (2) CREDIT ADVERTISEMENTS.—Section 144 of means any information service, system, or access the Truth in Lending Act (15 U.S.C. 1664) is under paragraph (1), and that offers a tem- porary annual percentage rate of interest shall, software provider that provides or enables com- amended by adding at the end the following: puter access by multiple users to a computer ‘‘(e) Each advertisement to which this section if that rate of interest is revocable under any circumstance or upon any event, clearly and server, including specifically a service or system applies that relates to a consumer credit trans- that provides access to the Internet and such action that is secured by the principal dwelling conspicuously disclose, in a prominent manner on or with such application or solicitation— systems operated or services offered by libraries of a consumer in which the extension of credit or educational institutions.’’. may exceed the fair market value of the dwell- ‘‘(i) a general description of the circumstances that may result in the revocation of the tem- (b) REGULATORY IMPLEMENTATION.— ing, and which advertisement is disseminated in (1) IN GENERAL.—The Board shall promulgate paper form to the public or through the Inter- porary annual percentage rate; and ‘‘(ii) if the annual percentage rate that will regulations implementing the requirements of net, as opposed to by radio or television, shall apply upon the revocation of the temporary an- section 127(c)(7) of the Truth in Lending Act, as clearly and conspicuously state that— nual percentage rate— added by this section. ‘‘(1) the interest on the portion of the credit ‘‘(I) will be a fixed rate, the annual percent- (2) EFFECTIVE DATE.—The amendment made extension that is greater than the fair market age rate that will apply upon the revocation of by subsection (a) and the regulations issued value of the dwelling is not tax deductible for the temporary annual percentage rate; or under paragraph (1) of this subsection shall not Federal income tax purposes; and ‘‘(II) will vary in accordance with an index, take effect until the later of— ‘‘(2) the consumer should consult a tax ad- the rate that will apply after the temporary (A) 12 months after the date of enactment of viser for further information regarding the de- rate, based on an annual percentage rate that this Act; or ductibility of interest and charges.’’. was in effect within 60 days before the date of (B) 12 months after the date of publication of (c) REGULATORY IMPLEMENTATION.— mailing the application or solicitation. such final regulations by the Board. (1) IN GENERAL.—The Board shall promulgate ‘‘(D) DEFINITIONS.—In this paragraph— SEC. 1305. DISCLOSURES RELATED TO LATE PAY- regulations implementing the amendments made ‘‘(i) the terms ‘temporary annual percentage MENT DEADLINES AND PENALTIES. by this section. rate of interest’ and ‘temporary annual percent- (a) DISCLOSURES RELATED TO LATE PAYMENT (2) EFFECTIVE DATE.—Regulations issued age rate’ mean any rate of interest applicable to DEADLINES AND PENALTIES.—Section 127(b) of under paragraph (1) shall not take effect until a credit card account for an introductory period the Truth in Lending Act (15 U.S.C. 1637(b)) is the later of— of less than 1 year, if that rate is less than an amended by adding at the end the following: (A) 12 months after the date of enactment of annual percentage rate that was in effect with- ‘‘(12) If a late payment fee is to be imposed this Act; or in 60 days before the date of mailing the appli- due to the failure of the obligor to make pay- (B) 12 months after the date of publication of cation or solicitation; and ment on or before a required payment due date, such final regulations by the Board. ‘‘(ii) the term ‘introductory period’ means the the following shall be stated clearly and con- SEC. 1303. DISCLOSURES RELATED TO ‘‘INTRO- maximum time period for which the temporary spicuously on the billing statement: DUCTORY RATES’’. annual percentage rate may be applicable. ‘‘(A) The date on which that payment is due (a) INTRODUCTORY RATE DISCLOSURES.—Sec- ‘‘(E) RELATION TO OTHER DISCLOSURE RE- or, if different, the earliest date on which a late tion 127(c) of the Truth in Lending Act (15 QUIREMENTS.—Nothing in this paragraph may payment fee may be charged.

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‘‘(B) The amount of the late payment fee to be (A) claimed as dependents for purposes of the JOE BIDEN, imposed if payment is made after such date.’’. Internal Revenue Code of 1986; and Managers on the Part of the Senate. (b) REGULATORY IMPLEMENTATION.— (B) enrolled within 1 year of successfully com- f (1) IN GENERAL.—The Board shall promulgate pleting all required secondary education re- regulations implementing the requirements of quirements and on a full-time basis, in postsec- ADJOURNMENT section 127(b)(12) of the Truth in Lending Act, ondary educational institutions. Mr. DREIER. Mr. Speaker, I move as added by this section. (b) REPORT.—Not later than 1 year after the (2) EFFECTIVE DATE.—The amendment made date of enactment of this Act, the Board shall that the House do now adjourn. by subsection (a) and regulations issued under submit to the Senate and the House of Rep- The motion was agreed to; accord- paragraph (1) of this subsection shall not take resentatives a report summarizing the results of ingly (at 9 o’clock and 11 minutes effect until the later of— the study conducted under subsection (a). p.m.), the House adjourned until to- (A) 12 months after the date of enactment of SEC. 1309. CLARIFICATION OF CLEAR AND CON- morrow, Thursday, October 12, 2000, at this Act; or SPICUOUS. 10 a.m. (B) 12 months after the date of publication of (a) REGULATIONS.—Not later than 6 months f such final regulations by the Board. after the date of enactment of this Act, the SEC. 1306. PROHIBITION ON CERTAIN ACTIONS Board, in consultation with the other Federal EXECUTIVE COMMUNICATIONS, FOR FAILURE TO INCUR FINANCE banking agencies (as defined in section 3 of the ETC. CHARGES. Federal Deposit Insurance Act), the National (a) PROHIBITION ON CERTAIN ACTIONS FOR Credit Union Administration Board, and the Under clause 8 of rule XII, executive FAILURE TO INCUR FINANCE CHARGES.—Section Federal Trade Commission, shall promulgate communications were taken from the 127 of the Truth in Lending Act (15 U.S.C. 1637) regulations to provide guidance regarding the Speaker’s table and referred as follows: is amended by adding at the end the following: meaning of the term ‘‘clear and conspicuous’’, 10535. A letter from the Secretary of De- ‘‘(h) PROHIBITION ON CERTAIN ACTIONS FOR as used in subparagraphs (A), (B), and (C) of fense, transmitting the approved retirement FAILURE TO INCUR FINANCE CHARGES.—A cred- section 127(b)(11) and clauses (ii) and (iii) of and advancement to the grade of lieutenant itor of an account under an open end consumer section 127(c)(6)(A) of the Truth in Lending Act. general on the retired list of Lieutenant credit plan may not terminate an account prior (b) EXAMPLES.—Regulations promulgated General Randall L. Rigby, United States to its expiration date solely because the con- under subsection (a) shall include examples of Army; to the Committee on Armed Services. sumer has not incurred finance charges on the clear and conspicuous model disclosures for the 10536. A letter from the Assistant General account. Nothing in this subsection shall pro- purposes of disclosures required by the provi- Counsel for Regulations, Department of hibit a creditor from terminating an account for sions of the Truth in Lending Act referred to in Housing and Urban Development, transmit- inactivity in 3 or more consecutive months.’’. subsection (a). ting the Department’s final rule—Disposi- (b) REGULATORY IMPLEMENTATION.— (c) STANDARDS.—In promulgating regulations tion of HUD-Acquired Single Family Prop- (1) IN GENERAL.—The Board shall promulgate under this section, the Board shall ensure that erty; Officer Next Door Sales Program regulations implementing the requirements of the clear and conspicuous standard required for section 127(h) of the Truth in Lending Act, as [Docket No. FR–4277–F–03] (RIN: 2502–AH37) disclosures made under the provisions of the received October 10, 2000, pursuant to 5 added by this section. Truth in Lending Act referred to in subsection (2) EFFECTIVE DATE.—The amendment made U.S.C. 801(a)(1)(A); to the Committee on (a) can be implemented in a manner which re- Banking and Financial Services. by subsection (a) and regulations issued under sults in disclosures which are reasonably under- paragraph (1) of this subsection shall not take 10537. A letter from the Assistant General standable and designed to call attention to the Counsel for Regulations, Office of the Assist- effect until the later of— nature and significance of the information in (A) 12 months after the date of enactment of ant Secretary, Department of Housing and the notice. this Act; or Urban Development, transmitting the De- (B) 12 months after the date of publication of SEC. 1310. ENFORCEMENT OF CERTAIN FOREIGN partment’s final rule—Single Family Mort- JUDGMENTS BARRED. such final regulations by the Board. gage Insurance; Electronic Underwriting (a) IN GENERAL.—Notwithstanding any other SEC. 1307. DUAL USE DEBIT CARD. [Docket No. FR–4311–F–02] (RIN: 2502–AH15) provision of law or contract, a court within the received October 10, 2000, pursuant to 5 (a) REPORT.—The Board may conduct a study United States shall not recognize or enforce any U.S.C. 801(a)(1)(A); to the Committee on of, and present to Congress a report containing judgment rendered in a foreign court if, by clear its analysis of, consumer protections under ex- Banking and Financial Services. and convincing evidence, the court in which 10538. A letter from the Secretary of isting law to limit the liability of consumers for recognition or enforcement of the judgment is unauthorized use of a debit card or similar ac- Health and Human Services, transmitting sought determines that the judgment gives effect The Community Services Block Grant Sta- cess device. Such report, if submitted, shall in- to any purported right or interest derived, di- clude recommendations for legislative initiatives, tistical Report FY 1997 Executive Summary; rectly or indirectly, from any fraudulent mis- to the Committee on Education and the if any, of the Board, based on its findings. representation or fraudulent omission that oc- (b) CONSIDERATIONS.—In preparing a report Workforce. curred in the United States during the period 10539. A letter from the Director, Regula- under subsection (a), the Board may include— beginning on January 1, 1975, and ending on (1) the extent to which section 909 of the Elec- tions Policy and Management Staff, FDA, December 31, 1993. tronic Fund Transfer Act (15 U.S.C. 1693g), as Department of Health and Human Services, (b) EXCEPTION.—Subsection (a) shall not pre- transmitting the Department’s final rule— in effect at the time of the report, and the imple- vent recognition or enforcement of a judgment menting regulations promulgated by the Board Listing of Color Additives Exempt From Cer- rendered in a foreign court if the foreign tri- tification; Phaffia Yeast; Confirmation of Ef- to carry out that section provide adequate un- bunal rendering judgment giving effect to the authorized use liability protection for con- fective Date [Docket No. 97C–0466] received right or interest concerned determines that no October 10, 2000, pursuant to 5 U.S.C. sumers; fraudulent misrepresentation or fraudulent (2) the extent to which any voluntary indus- 801(a)(1)(A); to the Committee on Commerce. omission described in subsection (a) occurred. try rules have enhanced or may enhance the 10540. A letter from the Director, Regula- level of protection afforded consumers in con- TITLE XIV—GENERAL EFFECTIVE DATE; tions and Management Staff, FDA, Depart- nection with such unauthorized use liability; APPLICATION OF AMENDMENTS ment of Health and Human Services, trans- and SEC. 1401. EFFECTIVE DATE; APPLICATION OF mitting the Department’s final rule—Listing (3) whether amendments to the Electronic AMENDMENTS. of Color Additives Exempt From Certifi- Fund Transfer Act (15 U.S.C. 1693 et seq.), or re- (a) EFFECTIVE DATE.—Except as otherwise cation; Haematococcus Algae Meal; Con- visions to regulations promulgated by the Board provided in this Act, this Act and the amend- firmation of Effective Date [Docket No. 98C– to carry out that Act, are necessary to further ments made by this Act shall take effect 180 0212] received October 10, 2000, pursuant to 5 address adequate protection for consumers con- days after the date of enactment of this Act. U.S.C. 801(a)(1)(A); to the Committee on cerning unauthorized use liability. (b) APPLICATION OF AMENDMENTS.—Except as Commerce. SEC. 1308. STUDY OF BANKRUPTCY IMPACT OF otherwise provided in this Act, the amendments 10541. A letter from the Director, Regula- CREDIT EXTENDED TO DEPENDENT made by this Act shall not apply with respect to tions Policy and Management Staff, FDA, STUDENTS. cases commenced under title 11, United States Department of Health and Human Services, (a) STUDY.— Code, before the effective date of this Act. transmitting the Department’s final rule— (1) IN GENERAL.—The Board shall conduct a Listing of Color Additives Exempt From Cer- HENRY HYDE, study regarding the impact that the extension of tification; Luminescent Zinc Sulfide; Con- GEORGE W. GEKAS, credit described in paragraph (2) has on the rate firmation of Effective Date [Docket No. 97C– DICK ARMEY, of bankruptcy cases filed under title 11, United 0415] received October 10, 2000, pursuant to 5 Managers on the Part of the House. States Code. U.S.C. 801(a)(1)(A); to the Committee on (2) EXTENSION OF CREDIT.—The extension of JESSE HELMS, Commerce. credit described in this paragraph is the exten- RICHARD G. LUGAR, 10542. A letter from the Deputy Associate sion of credit to individuals who are— ROD GRAMS, Administrator, Environmental Protection

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00182 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.006 H11OC0 October 11, 2000 CONGRESSIONAL RECORD—HOUSE 22339 Agency, transmitting the Agency’s final port entitled, ‘‘Equal Educational Oppor- further continuing appropriations for the fis- rule—South Carolina: Final Authorization of tunity and Nondiscrimination for Girls in cal year 2001, and for other purposes (Rept. State Hazardous Waste Management Pro- Advanced Mathematics, Science, and Tech- 106–974). Referred to the House Calendar. gram Revision [FRL–6879–3] received Sep- nology Education: Federal Enforcement of Mrs. MYRICK: Committee on Rules. House tember 28, 2000, pursuant to 5 U.S.C. Title IX July 2000’’; jointly to the Commit- Resolution 628. Resolution providing for con- 801(a)(1)(A); to the Committee on Commerce. tees on the Judiciary and Education and the sideration of the Senate amendment to the 10543. A letter from the Deputy Associate Workforce. bill (H.R. 4386) to amend title XIX of the So- Administrator, Environmental Protection f cial Security Act to provide medical assist- Agency, transmitting the Agency’s final ance for certain women screened and found rule—Cooperative Agreement: Seven Prin- REPORTS OF COMMITTEES ON to have breast or cervical cancer under a fed- cipals of Environmental Stewardship for PUBLIC BILLS AND RESOLUTIONS erally funded screening program, to amend U.S./Mexico Business and Trade Commu- Under clause 2 of rule XIII, reports of the Public Health Service Act and the Fed- nity—received September 28, 2000, pursuant committees were delivered to the Clerk eral Food, Drug, and Cosmetic Act with re- to 5 U.S.C. 801(a)(1)(A); to the Committee on spect to surveillance and information con- Commerce. for printing and reference to the proper cerning the relationship between cervical 10544. A letter from the Assistant Sec- calendar, as follows: cancer and the human papillomavirus (HPV), retary for Export Administration, Depart- Mr. GOODLING: Committee on Education and for other purposes (Rept. 106–975). Re- ment of Congress, transmitting the Depart- and the Workforce. H.R. 1441. A bill to amend ferred to the House Calendar. ment’s final rule—Revisions to License Ex- section 8(a) of the National Labor Relations ception CTP [Docket No. 000204027–0266–02] Act (Rept. 106–967). Referred to the Com- f (RIN: 0694–AC14) received October 10, 2000, mittee of the Whole House on the State of pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Union. mittee on International Relations. Mr. GOODLING: Committee on Education REPORTS OF COMMITTEES ON PRI- 10545. A letter from the Executive Director, and the Workforce. H.R. 2434. A bill to re- VATE BILLS AND RESOLUTIONS Committee for Purchase From People Who quire labor organizations to secure prior, Are Blind Or Severely Disabled, transmitting voluntary, written authorization as a condi- Under clause 2 of rule XIII, reports of the Committee’s final rule—Procurement tion of using any portion of dues or fees for committees were delivered to the Clerk List: Additions—received October 10, 2000, activities not necessary to performing duties for printing and reference to the proper pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- relating to the representation of employees calendar, as follows: mittee on Government Reform. in dealing with the employer of labor-man- Mr. SMITH of Texas: Committee on the Ju- 10546. A letter from the Attorney-Advisor, agement issues, and for other purposes diciary. S. 11. An act for the relief of Wei Federal Register Certifying Officer, Depart- (Rept. 106–968). Referred to the Committee of Jingsheng (Rept. 106–955). Referred to the ment of the Treasury, transmitting the De- the Whole House on the State of the Union. Private Calendar. partment’s final rule—Fiscal Service (RIN: Mr. GOSS: Committee of Conference. Con- Mr. SMITH of Texas: Committee on the Ju- 1510–AA38) received October 6, 2000, pursuant ference report on H.R. 4392. A bill to author- diciary. S. 150. An act for the relief of Marina to 5 U.S.C. 801(a)(1)(A); to the Committee on ize appropriations for fiscal year 2001 for in- Khalina and her son, Albert Mifakhov (Rept. Government Reform. telligence and intelligence-related activities 106–956). Referred to the Private Calendar. 10547. A letter from the Director, Office of of the United States Government, the Com- Mr. SMITH of Texas: Committee on the Ju- Sustainable Fisheries, National Marine Fish- munity Management Account, and the Cen- diciary. S. 199. an act for the relief of eries Service, National Oceanic and Atmos- tral Intelligence Agency Retirement and Dis- Alexandre Malofienko, Olga Matsko, and pheric Administration, transmitting the Ad- ability System, and for other purposes (Rept. their son, Vladimir Malofienko (Rept. 106– ministration’s final rule—Fisheries of the 106–969). Ordered to be printed. 957). Referred to the Private Calendar. Exclusive Economic Zone Off Alaska; Mr. HYDE: Committee of Conference. Con- Mr. SMITH of Texas: Committee on the Ju- Shortraker and Rougheye Rockfish in the ference report on H.R. 2415. A bill to enhance diciary. S. 276. An act for the relief of Sergio Eastern Regulatory Area of the Gulf of Alas- security of United States missions and per- Lozano, Faurico Lozano and Ana Lozano ka [Docket No. 000211–39–0039–01; I.D. 092900A] sonnel overseas, to authorize appropriations (Rept. 106–958). Referred to the Private Cal- received October 6, 2000, pursuant to 5 U.S.C. for the Department of State for fiscal year endar. 801(a)(1)(A); to the Committee on Resources. 2000, and for other purposes (Rept. 106–970). Mr. SMITH of Texas: Committee on the Ju- 10548. A letter from the Deputy Assistant Ordered to be printed. diciary. S. 785. An act for the relief of Administrator for Fisheries, National Ma- Mr. SESSIONS: Committee on Rules. Frances Schochenmaier (Rept. 106–959). Re- rine Fisheries Service, National Oceanic and House Resolution 624. Resolution waiving ferred to the Private Calendar. Atmospheric Administration, transmitting points of order against the conference report the Administration’s final rule—Inter- to accompany the bill (H.R. 2415) to enhance Mr. SMITH of Texas: Committee on the Ju- national Fisheries; Pacific Tuna Fishery on security of United States missions and per- diciary. S. 869. An act for the relief of Mina the Eastern Pacific Ocean [Docket No. sonnel overseas, to authorize appropriations Vahedi Notash (Rept. 106–960). Referred to 000908255–0255–01; I.D. 0800C] (RIN: 0648–AN73) for the Department of State for fiscal year the Private Calendar. received October 6, 2000, pursuant to 5 U.S.C. 2000, and for other purposes (Rept. 106–971). Mr. SMITH of Texas: Committee on the Ju- 801(a)(1)(A); to the Committee on Resources. Referred to the House Calendar. diciary. S. 1078. An act for the relief of Mrs. 10549. A letter from the Assistant to the Mr. REYNOLDS: Committee on Rules. Elizabeth Eka Bassey and her children, Em- Board, Board of Governors of the Federal Re- House Resolution 625. Resolution providing manuel O. Paul Bassey, Jacob Paul Bassey, serve System, transmitting the Board’s final for consideration of the resolution (H. Res. and Mary Idongesit Paul Bassey (Rept. 106– rule—Rules of Practice for Hearings [Docket 596) calling upon the President to ensure 961). Referred to the Private Calendar. No. R–1083] received October 6, 2000, pursuant that the foreign policy of the United States Mr. SMITH of Texas: Committee on the Ju- to 5 U.S.C. 801(a)(1)(A); to the Committee on reflects appropriate understanding and sensi- diciary. S. 1513. An act for the relief of Jac- the Judiciary. tivity concerning issues related to human queline Salinas and her children Gabriela 10550. A letter from the Chief, Regulations rights, ethnic cleansing, and genocide docu- Salinas, Alejandro Salinas, and Omar Sali- Unit, Internal Revenue Service, transmitting mented in the United States record relating nas (Rept. 106–962). Referred to the Private the Service’s final rule—Prohibition of Ex to the Armenian Genocide, and for other pur- Calendar. Parte Communications Between Appeals Of- poses (Rept. 106–972). Referred to the House Mr. SMITH of Texas: Committee on the Ju- ficers and Other Internal Revenue Service Calendar. diciary. S. 2000. An act for the relief of Guy Employees [Rev. Proc. 2000–43] received Oc- Mr. GOSS: Committee on Rules. House Taylor (Rept. 106–963). Referred to the Pri- tober 10, 2000, pursuant to 5 U.S.C. Resolution 626. Resolution waiving points of vate Calendar. 801(a)(1)(A); to the Committee on Ways and order against the conference report to ac- Mr. SMITH of Texas: Committee on the Ju- Means. company the bill (H.R. 4392) to authorize ap- diciary. S. 2002. An act for the relief of Tony 10551. A letter from the Chairperson, Com- propriations for fiscal year 2001 for intel- Lara (Rept. 106–964). Referred to the Private mission on Civil Rights, transmitting a re- ligence and intelligence-related activities of Calendar. port entitled, ‘‘Overcoming the Past, Focus- the United States Government, the Commu- Mr. SMITH of Texas: Committee on the Ju- ing on the Future: An Assessment of the U.S. nity Management Account, and the Central diciary. S. 2019. An act for the relief of Malia Equal Employment Opportunity Commis- Intelligence Agency Retirement and Dis- Miller (Rept. 106–965). Referred to the Pri- sion’s Enforcement Efforts’’; jointly to the ability System, and for other purposes (Rept. vate Calendar. Committees on the Judiciary and Education 106–973). Referred to the House Calendar. Mr. SMITH of Texas: Committee on the Ju- and the Workforce. Mr. LINDER: Committee on Rules. House diciary. S. 2289. An act for the relief of Jose 10552. A letter from the Chairperson, Com- Resolution 627. Providing for consideration Guadalupe Tellez Pinales (Rept. 106–966). Re- mission On Civil Rights, transmitting a re- of the joint resolution (H.J. Res. 111) making ferred to the Private Calendar.

VerDate jul 14 2003 10:28 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00183 Fmt 0688 Sfmt 0634 E:\BR00\H11OC0.006 H11OC0 22340 CONGRESSIONAL RECORD—HOUSE October 11, 2000 PUBLIC BILLS AND RESOLUTIONS By Mr. SMITH of Texas: By Mr. OWENS: H.R. 5448. A bill to amend the Immigration H.R. 5452. A bill for the relief of Andrea Pa- Under clause 2 of rule XII, public and Nationality Act to give priority for cer- tricia Burton; to the Committee on the Judi- bills and resolutions were introduced tain family-sponsored immigrants based ciary. and severally referred, as follows: upon educational attainment and to require By Mr. OWENS: By Mr. EVANS (for himself, Mr. MAS- diversity immigrants to have a bachelor’s H.R. 5453. A bill for the relief of Laurence CARA, and Mr. GUTIERREZ): degree; to the Committee on the Judiciary. Wallace; to the Committee on the Judiciary. H.R. 5438. A bill to amend title 38, United By Mr. STARK: By Mr. OWENS: States Code, to add Diabetes Mellitus (Type H.R. 5449. A bill to amend title XVIII of the H.R. 5454. A bill for the relief of Louise In- 2) to the list of diseases presumed to be serv- Social Security Act to combat fraud and grid Wallace; to the Committee on the Judi- ice-connected for veterans exposed to certain abuse under the Medicare Program with re- ciary. spect to partial hospitalization services; to herbicide agents; to the Committee on Vet- f erans’ Affairs. the Committee on Ways and Means, and in By Mr. DEFAZIO: addition to the Committee on Commerce, for ADDITIONAL SPONSORS H.R. 5439. A bill to end taxpayer support of a period to be subsequently determined by Under clause 7 of rule XII, sponsors the Speaker, in each case for consideration Federal Government contractors against were added to public bills and resolu- whom repeated civil judgements or criminal of such provisions as fall within the jurisdic- convictions for certain offenses have been tion of the committee concerned. tions as follows: entered; to the Committee on Government By Mr. TANNER: H.R. 488: Mr. COYNE. Reform. H.R. 5450. A bill to amend section 13031 of H.R. 792: Mrs. BIGGERT. By Mr. ARMEY: the Consolidated Ominubus Budget Rec- H.R. 797: Mr. ROHRABACHER. H.R. 5440. A bill to require large employers onciliation Act of 1985 to provide for a user H.R. 827: Mr. ORTIZ. to notify their employees of the amount paid fee to cover the cost of customs inspections H.R. 908: Mr. BLUMENAUER and Ms. NORTON. by the employer for employee health cov- at express courier facilities; to the Com- H.R. 1144: Mr. STRICKLAND. erage; to the Committee on Education and mittee on Ways and Means. H.R. 1337: Mr. SHERWOOD. the Workforce. By Mr. YOUNG of Florida: H.R. 1494: Ms. PRYCE of Ohio. By Mr. CHAMBLISS: H.J. Res. 111. A joint resolution making H.R. 1515: Mr. INSLEE. H.R. 5441. A bill to transfer management of further continuing appropriations for the fis- H.R. 2166: Ms. BROWN of Florida, Mr. the Banks Lake Unit of the Okefenokee Na- cal year 2001, and for other purposes; to the PAYNE, Mr. LUTHER, and Mr. INSLEE. tional Wildlife Refuge; to the Committee on Committee on Appropriations. H.R. 2335: Mr. COBLE, Mr. SPRATT, and Mr. Resources. By Mr. CASTLE (for himself, Mr. INSLEE. By Mr. HEFLEY (for himself and Mr. WELDON of Pennsylvania, and Mr. H.R. 2382: Ms. HOOLEY of Oregon. MCINNIS): WISE): H.R. 2594: Mr. MCGOVERN. H.R. 5442. A bill to provide for a pilot pro- H.J. Res. 112. A joint resolution memori- H.R. 2790: Ms. DANNER. gram to enhance military recruiting through alizing fallen firefighters by lowering the H.R. 3263: Mr. BARR of Georgia. the use of recently retired enlisted personnel American flag to half-staff in honor of the H.R. 3453: Mr. SHAYS. as recruiters; to the Committee on Armed National Fallen Firefighters Memorial Serv- H.R. 3514: Mr. COYNE. Services. ice in Emittsburg, Maryland; to the Com- H.R. 3901: Mr. EWING. By Ms. EDDIE BERNICE JOHNSON of mittee on the Judiciary. H.R. 3996: Mr. MINGE. Texas (for herself, Mr. EDWARDS, and By Mr. DAVIS of Illinois: H.R. 4274: Mr. LIPINSKI, Mr. HALL of Ohio, Ms. STABENOW): H. Con. Res. 423. Concurrent resolution au- Mr. SANDLIN, and Mrs. JONES of Ohio. H.R. 5443. A bill to waive the time limita- thorizing the use of the Capitol Grounds for H.R. 4289: Mr. KENNEDY of Rhode Island and tion specified by law for the award of certain the Million Family March; to the Committee Mr. DAVIS of Florida. military decorations in order to allow the on Transportation and Infrastructure. H.R. 4497: Mr. MINGE. posthumous award of the congressional By Mr. LAZIO: H.R. 4594: Mr. DEAL of Georgia. medal of honor to Doris Miller for actions H. Con. Res. 424. Concurrent resolution H.R. 4669: Mr. NORWOOD. while a member of the Navy during World providing for corrections in the enrollment H.R. 4715: Mr. BECERRA. War II; to the Committee on Armed Services. of the bill H.R. 4461; to the Committee on H.R. 4728: Mr. LAFALCE, Mr. BALDACCI, Mrs. By Mr. SAM JOHNSON of Texas: International Relations, and in addition to MALONEY of New York, Mr. MOORE, Mr. H.R. 5444. A bill to amend the Internal Rev- the Committee on House Administration, for HUTCHINSON, Mr. HINCHEY, and Ms. GRANGER. enue Code of 1986 to provide for capital gains a period to be subsequently determined by H.R. 4740: Mr. CRAMER, Mrs. TAUSCHER, and treatment for certain termination payments the Speaker, in each case for consideration Mr. FORD. received by former insurance salesmen; to of such provisions as fall within the jurisdic- H.R. 4751: Mr. GOODLATTE, Mr. KENNEDY of the Committee on Ways and Means. tion of the committee concerned. Rhode Island, Mr. NEY, Mr. WEYGAND, and By Mr. LIPINSKI (for himself, Mr. By Mr. TOWNS: Mr. NADLER. DEFAZIO, and Mr. COSTELLO): H. Res. 622. A resolution expressing the H.R. 4825: Mr. MINGE, Mr. MOAKLEY, Mr. H.R. 5445. A bill to amend title 49, United sense of the House of Representatives that ROTHMAN, Mr. COYNE, and Mr. NORWOOD. States Code, to increase the amount of civil the Government of Argentina should provide H.R. 4857: Ms. DEGETTE. penalties and criminal fines for violations of an immediate and final resolution to the H.R. 4894: Mr. CASTLE. requirements prohibiting the transportation Buenos Aires Yoga School case; to the Com- H.R. 4926: Mr. MCGOVERN and Ms. MCKIN- of chemical oxygen generators on passenger- mittee on International Relations. NEY. carrying aircraft in air commerce; to the By Mr. FRANKS of New Jersey (for H.R. 5037: Mr. PAUL. Committee on Transportation and Infra- himself, Mr. OSE, Mr. WEINER, Mr. H.R. 5038: Mr. PAUL. structure. SAXTON, Mr. BRADY of Texas, Mr. H.R. 5091: Mr. PAYNE and Mr. BAIRD. By Mr. OLVER (for himself, Mr. MEE- SWEENEY, Mr. SALMON, Mr. FRELING- H.R. 5101: Mr. EVANS and Mr. KUCINICH. HAN, Mr. TIERNEY, Mr. MCGOVERN, HUYSEN, Mr. SMITH of New Jersey, H.R. 5147: Mr. FRANK of Massachusetts, Mr. Mr. BASS, and Mr. MARKEY): Mrs. ROUKEMA, and Mr. LOBIONDO): LANTOS, Mr. GEORGE MILLER of California, H.R. 5446. A bill to establish the Freedom’s H. Res. 623. A resolution regarding the Mr. DELAHUNT, and Mr. COOK. Way National Heritage Area in the Common- adoption of Resolution 1322 by the Security H.R. 5179: Ms. WOOLSEY. wealth of Massachusetts and in the State of Council of the United Nations on October 7, H.R. 5208: Mr. EVANS, Ms. CARSON, Mr. New Hampshire, and for other purposes; to 2000; to the Committee on International Re- PAYNE, and Mr. NADLER. the Committee on Resources. lations. H.R. 5220: Mr. DEAL of Georgia and Mr. By Mr. SHAW (for himself and Mr. f WICKER. CARDIN): H.R. 5265: Mr. HALL of Texas. H.R. 5447. A bill to amend the Social Secu- PRIVATE BILLS AND H.R. 5277: Mr. UDALL of Colorado, Mr. HIN- rity Act to prepare the Social Security Ad- RESOLUTIONS CHEY, Mr. LAMPSON, and Mr. REYES. ministration for the needs of the 21st cen- Under clause 3 of rule XII, private H.R. 5306: Mr. SMITH of Texas, Mr. BRADY tury, and for other purposes; to the Com- bills and resolutions of the following of Texas, and Mr. MANZULLO. mittee on Ways and Means, and in addition H.R. 5311: Mr. RANGEL, Mr. GORDON, and to the Committee on the Budget, for a period titles were introduced and severally re- Mr. CONYERS. to be subsequently determined by the Speak- ferred, as follows: H.R. 5324: Mr. UNDERWOOD and Mr. NADLER. er, in each case for consideration of such pro- By Mr. LANTOS: H.R. 5361: Mr. HOLT, Mr. DEFAZIO, and visions as fall within the jurisdiction of the H.R. 5451. A bill for the relief of Marleen R. MCDERMOTT. committee concerned. Delay; to the Committee on the Judiciary. H.R. 5397: Mr. BACA and Mr. BALDACCI.

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HONORING JIM ROBB determination, Luther recently helped the becoming the supervisor of the emergency Glenwood Springs Police Department earn the room. She led in this capacity for nearly fifteen HON. SCOTT McINNIS Silver Buckle Award. This award is presented years. She then moved on to become the di- OF COLORADO by the Colorado Department of Transportation rector of nursing where she served for just IN THE HOUSE OF REPRESENTATIVES for a department’s ‘‘outstanding contribution to over two decades. Her leadership has bene- the safety belt program’’. Luther’s contribution fited not only the medical center, but the entire Wednesday, October 11, 2000 has been credited with being a fundamental community as well. Mr. McINNIS. Mr. Speaker, it is a privilege part of the department receiving this high Mary Ann has led by example and become and an honor to have this opportunity to pay award. a role model of what it takes to succeed in the tribute to Jim Robb as he steps down as For the past few years, Luther has been the medical field. Throughout her tenure at San United States Magistrate for Western Colo- primary individual in charge of gathering safety Luis Valley Regional Medical Center, she has rado. Jim is a personal friend of mine whom belt data in the Glenwood Springs area. His helped literally thousands of citizens. Mr. I served with in the Colorado State House of data is compiled every few months and then Speaker, Mary Ann has earned respect and Representatives. Jim has been the embodi- is used to enforce compliance with the state admiration of this body. On behalf of the State ment of service, success and sacrifice during safety belt law. In a recent article by Heather of Colorado and the U.S. Congress I thank her his time as Magistrate and he clearly deserves McGregor in the Glenwood Independent, the for her incredible service to the San Luis Val- the praise and recognition of this body. following was said: ‘‘Police Chief Terry Wilson ley and wish her the best in her future en- Selected as a Magistrate in 1990, Jim was made it clear that without Posey’s help the deavors. one of six United States Magistrates for the award wouldn’t have been possible: ‘he does Good Luck! State of Colorado. The only magistrate outside the sitting and counting of people using or not f the City of Denver, his duties included hearing using belts.’ ’’ preliminary and detention cases and holding Luther has worked very hard to collect data IN SUPPORT OF H.R. 3621—A BILL misdemeanor hearings for crimes on federal that has helped ensure that the seat belt laws TO PROMOTE WILLIAM CLARK lands. He was also responsible for hearing are enforced and has in turn made the com- TO THE GRADE OF CAPTAIN pretrial conferences for civil cases that in- munity of Glenwood Springs a safer place for volved the Southern Ute Indian Tribe. all. Mr. Speaker, on behalf of the State of Col- HON. BARON P. HILL During his time as Magistrate, Jim had the orado and the U.S. Congress, I would like to OF INDIANA reputation of a fair and approachable judge. thank Luther for his efforts that helped the IN THE HOUSE OF REPRESENTATIVES He would always take time to hear both sides Glenwood Springs Police Department earn Wednesday, October 11, 2000 of the story and had the ability to approach this prestigious award. each case with an open mind. Perhaps his Luther, it makes me proud to know that indi- Mr. HILL of Indiana. Mr. Speaker, I rise fairness is the product of his life as a ‘‘true viduals such as yourself are taking it upon today as a cosponsor of H.R. 3621 to urge its Renaissance man’’. Jim embarked on a themselves to ensure that our communities passage. 12,000 mile road trip around the United States are safe and secure. Congratulations and Granting William Clark the grade of captain before he was to attend college. During this thank you for your service! is well-deserved and long overdue. Clark acted as a co-commander with Meriwether trip, he fell in love with the wonderful State of f Colorado where he would eventually earn his Lewis during their expedition and Lewis felt bachelor’s degree and law degree. Some of HONORING MARY ANN ANDERSEN Clark deserved a rank equal to his. So with his other accomplishments include working for LEE this bill, today, we can both recognize Clark’s the FBI as a special agent, working as an ad- role in the expedition and carry out Meriwether ministrative assistant for a United States Sen- HON. SCOTT McINNIS Lewis’s wish that Clark be given the rank of ator in Washington DC serving two terms in OF COLORADO captain. the Colorado State Legislature, and serving on IN THE HOUSE OF REPRESENTATIVES This issue is of more than passing interest to the people of southern Indiana. These his- the Colorado State Parks Board for 10 years. Wednesday, October 11, 2000 Jim’s future plans include spending time toric partners began their expedition at the with his family and continuing to practice law Mr. McINNIS. Mr. Speaker, I would like to Falls of the Ohio, near Clarksville, Indiana. in the private sector. take this moment to honor a very remarkable On September 1, 1803, Meriwether Lewis It is with this, Mr. Speaker, that I congratu- person, Mary Ann Andersen Lee. Mary Ann began his journey down the Ohio River toward late Jim for his career as a United States has been a part of the nursing community for Clarksville, Indiana, where he eventually met Magistrate and thank him for his dedication over four decades and recently retired from his partner on the expedition, William Clark. and commitment to public service. It is a real San Luis Valley Regional Medical Center. By October 14, Lewis had reached the Falls of pleasure to honor people of Jim’s character Mary Ann’s leadership and expertise in nurs- the Ohio, a set of dangerous rapids created by and integrity. His formidable efforts deserve ing have benefited the San Luis Valley in im- a drop in the river over a two-mile series of the praise and admiration of us all. measurable ways. Her retirement will not last limestone ledges. The following day, Lewis Good Luck, your honor. long, as she has already planned to move on and his crew safely crossed the falls on the and donate her superb nursing abilities to the north side of the river. They then set out to f American Red Cross Disaster Relief. meet William Clark, who was living in Clarks- HONORING LUTHER POSEY Mary Ann began her illustrious nursing ca- ville with his brother, Revolutionary War hero reer with a group of friends that answered a George Rogers Clark. HON. SCOTT McINNIS want-ad in the American Journal of Nursing. The noted historian Stephen Ambrose wrote OF COLORADO After graduating from Bryan Memorial School this about Lewis and Clark’s meeting in IN THE HOUSE OF REPRESENTATIVES of Nursing in Lincoln, Nebraska, they headed Clarksville in his best-selling book Undaunted west to take a job in western Colorado. The Courage: ‘‘When they shook hands, the Lewis Wednesday, October 11, 2000 rest, as they say, is history. and Clark expedition began.’’ During the two Mr. McINNIS. Mr. Speaker, it makes me The moment she joined the medical center, weeks following the meeting, Lewis and Clark very proud to honor a remarkable human then called Alamosa Community Hospital, she selected the first official members of the expe- being, Luther Posey. Through hard work and demonstrated her outstanding leadership by dition, a group referred to as the ‘‘Corps of

● 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 jul 14 2003 10:36 Jan 05, 2005 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR00\E11OC0.000 E11OC0 October 11, 2000 EXTENSIONS OF REMARKS 22343 Discovery.’’ Lewis and Clark chose nine men my colleagues to support H.R. 3621 so Wil- CONFERENCE REPORT ON H.R. 4475, in Clarksville to join them on the journey, and liam Clark will receive the rank he was prom- DEPARTMENT OF TRANSPOR- as Ambrose notes in Undaunted Courage, ised and so richly deserves. TATION AND RELATED AGEN- there ‘‘the Corps of Discovery was born.’’ f CIES APPROPRIATIONS ACT, 2001 The crew departed on October 26, 1803, thus marking Clarksville, Indiana as the actual PERSONAL EXPLANATION point of origin for the Lewis and Clark Expedi- SPEECH OF tion. HON. SHELLEY BERKLEY HON. FRANK R. WOLF Mr. Speaker, local officials and interested OF NEVADA citizens in the Falls of the Ohio area are now IN THE HOUSE OF REPRESENTATIVES OF VIRGINIA planning an event of national significance to Wednesday, October 11, 2000 IN THE HOUSE OF REPRESENTATIVES commemorate the bicentennial of the expedi- tion’s beginning. In 2003, Clarksville and the Ms. BERKLEY. Mr. Speaker, due to busi- Friday, October 6, 2000 surrounding area will play an important role in ness at the White House, I was unable to vote commemorating the expedition and reminding during House consideration of S. 2311, the Mr. WOLF. Mr. Speaker, I submit for the our nation of its importance. Ryan White CARE Act Amendments on Thurs- RECORD the following charts relating to the de- I encourage all Americans wishing to retrace day, October 5, 2000. I would like the RECORD bate on the Conference Report to H.R. 4475, the steps of the explorers to visit the Falls of to note that, had I been present, I would have the Department of Transportation and Related the Ohio and its surrounding area. And I urge voted in support of this legislation. Agencies, 2001 Appropriations bill.

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